Certifying and auditor. Report to gov. ernor. Provide funds to pay interest SEC. 80. Once in each week he shall certify to the auditor the number, date, amount, and payee of each warrant taken up by him, with the date when taken up, and the amount of interest allowed; and on the first Monday of January, April and July, and on the first day of October, annually, he is directed to account with the auditor and deposit in his office all such warrants received at the treasury, and take the auditor's receipt therefor. [As amended by 17th G. A., ch. 116, changing the dates of accounting with the auditor.] SEC. 81. As soon as practicable after the first Monday of November preceding the regular session of the general assembly, he shall report to the governor the state of the treasury up to that date, exhibiting the amount received and paid out by the treasurer since his last report, and the balance remaining in the treasury. SEC. 82. When interest on any bonds of the state becomes on state bonds. due, the treasurer shall provide funds for the payment thereof on 10 G. A. ch. 66. the day and at the place where payable; and persons holding such bonds are required to present the same at such place within ten days from such day. At the expiration of which time, the funds remaining unexpended and vouchers for interest paid shall be returned to the treasury. Treasurer of State with ad tive council RELATING TO THE ESTABLISHMENT OF A STATE DEPOSITORY. [Seventeenth General Assembly, Chapter 57.] SEC. 1. The treasurer of state, with the advice and approval vice of execu- of the excutive council; may designate one or more banks in the may designate city of Des Moines as a depository for the collection of any drafts, Lank as deposi- checks, and certificates of deposit that may be received by him on account of any claims due the state. tory. Bank so designated shall give security. SEC. 2. The bank or banks designated as such depository shall be required to give security to the state, to be approved by the executive council, for the prompt collection of all drafts, checks, certificates of deposit, or coupons, that may be delivered to such depository by the treasurer of state for collection; and also for the safe keeping and prompt payment, on the treasurer's order, of the proceeds of all such collections; also, for the payment of all drafts that may be issued to said treasurer by such depository. SEC. 3. The treasurer of state, on the receipt of any draft, check or certificate of deposit, on account of state dues, may place the same in such depository for collection, and it shall be the duty of such depository to collect the same without delay and shall same without charge no greater per cent. for such collection than the minimum per cent. charged to other parties and notify the treasurer when collected. On the receipt of such notice, the treasurer shall issue his receipt to the party entitled thereto, as now required by law. Treasurer may deposit drafts, &c., in bank. And bank Shall collect delay. This act not to release state or county treasurer from any liability. SEC. 4. The provisions of this act shall in no way release the treasurer of state or his bondsmen, or any county treasurer or his bondsmen, from any liabilities now imposed by law. SEC. 5. All acts and parts of acts inconsistent with this act are hereby repealed. CHAPTER 5. OF THE STATE LAND OFFICE AND REGISTER 1HEREOF. R. 22 92, 95. SECTION 83. The register of the state land office shall keep his office: duties. office at the seat of government. The books and records of such office shall be so kept as to show and preserve an accurate chain of title from the general government to the purchaser of each smallest subdivision of land; to preserve a permanent record in books suitably indexed of all correspondence with any of the departments of the general government in relation to state lands; to preserve by proper records copies of the original lists furnished by the selecting agents of the state, and of all other papers in relation to such lands which are of permanent interest. books kept. SEC. 84. Separate tract books shall be kept for the university Separate tract lands, the saline lands, the half-million acre grant, the sixteenth R. 91. sections, the swamp lands, and such other lands as the state now owns or may hereafter own, so that each description of state lands shall be kept separate from all others, and each set of tract books shall be a complete record of all the lands to which they relate. SEC. 85. Said tract books shall be ruled in a manner similar to How ruled and those used in the United States land offices, so as to record each R.293. kept. tract by its smallest legal subdivisions, its section, township, and range, to whom sold, and when, the price per acre, to whom patented, and when. records subject cate. SEC. 86. The state land office shall be kept open during busi- Office hours: ness hours, and shall have the personal supervision of the register; to inspection: the documents and records therein shall be subject to inspection, to give certifi in the presence of the register, by parties having an interest 10 G. A. ch. 103, therein, and certified copies thereof, signed by said register with the seal of said office attached, shall be deemed presumptive evidence of the fact to which they relate, and on request they shall be furnished by the register for a reasonable compensation. sued and re may issue. SEC. 87. Patents for lands shall issue from the state land office, Patents how isshall be signed by the governor and recorded by the register; and corded. each patent shall contain therein a marginal certificate of the book R. ¿97. and page on which it is recorded, which certificate shall be signed by the register, and all patents shall be delivered free of charge. SEC. 88. No patent shall be issued for any lands belonging to When patents the state, except upon the certificate of the person or officer R.98, 99. specially charged with the custody of the same, setting forth the appraised value per acre, name of the person to whom sold, date of sale, price per acre, amount paid, name of person making final payment, and of person who is entitled to the patent, and if thus entitled by assignment from the original purchaser, setting forth fully such assignment, which certificate shall be filed and preserved in the land office. corrected. SEC. 89. The register is authorized and required to correct all Errors may be clerical errors of his office, in name of grantee, and description of 9 G. A. ch. 56. tract of land conveyed by the state found upon the records of such 11 G. A. ch. 30. office; he shall attach his official certificate to each conveyance so corrected, and the reasons therefor; record the same with the Receive and preserve papers, records, and maps of public surveys. 12 G. A. ch. 3. When gover nor may relinquish title to lands patented 19th to 10, to state. 21. Governor may in certain cases quit claim. Same, ¿ 2. Lists of lands inuring to grantee. record of the original conveyance, and make the necessary correction in the tract and plat books of his office. Such corrections, when made in accordance with the foregoing provisions, shall have the force and effect of a deed originally correct, subject to prior rights accrued without notice. SEC. 90. The register shall receive any field notes, maps, records, or other papers relating to the public survey of this state, whenever the same shall be turned over to the state in pursuance of an act of congress, entitled "an act for the discontinuance of the office of surveyor general in the several districts as soon as the surveys therein can be completed, for abolishing land offices under certain circumstances, and for other purposes," approved June 12, 1840, and any act amendatory thereof, and shall provide for their safe keeping and proper arrangement as public records; and free access to the same by the lawful authority of the United States, for the purpose of taking extracts therefrom, or making copies thereof, shall always be granted. SEC. 91. Whenever the governor is satisfied by the commissioner of the general land oflice that the title to any lands which may have been certified to the state under any of the several grants, is inferior to the rights of any valid interfering preemptor or claimant, he is authorized and required to release by deed of relinquishment such color of title to the United States, to the end that the requirements of the Interior Department may be complied with, and that such tract or tracts of land may be patented by the general government to the legal claimants. SEC. 92. Whenever the governor is satisfied by proper record evidence that any tract of land which may have been deeded by virtue of any donation or sale to the state, is not the land intended to have been described, and that an error has been committed in making out the transfers, in order that such error may be corrected, he is authorized to quit-claim the same to the proper owner thereof, and to receive a deed or deeds for the lands intended to have been deeded to the state originally. SEC. 93. In cases where lands have been granted to the state of Iowa by act of congress and certified lists of lands inuring 11 G. A. ch. 83. under the giant have been made to the state by the commissioner of the general land office as required by act of congress, and such lands have been granted by act of the general assembly to any person or company, and such person or company shall have complied with and fulfilled the conditions of the grant, the register of the state land office is hereby authorized to prepare, on the appiication of the grantee, a list or lists of lands situated in each county inuring to such grantee, from the lists certified by the commissioner of the general land office, as aforesaid, which shall be signed by the governor of the state and attested by the secretary of state with the state seal, and then be certified to by the register to be true and correct copies of the lists made to this state, and deliver them to such grantee, who is hereby authorized to have them recorded in the proper county, and when so recorded they Lists recorded. shall be notice to all persons the same as deeds now are, and shall be evidence of title in such grantee or his or its assigns to the lands therein described under the grant of congress by which the lands were certified to the state, so far as the certified lists made cluded. by the commissioner aforesaid conferred title to the state; but where lands embraced in such lists are not of the character embraced by such acts of congress or the acts of the general assembly of the state, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and of no force or effect whatever; provided that no lands now in suit shall be included in such lists until said suits Lands in suit are determined and such lands adjudged to be the property of the not to be incompany; provided, further, that the register shall not include in any of the lists so certified to the state, which have been adjudicated by the proper courts to belong to any other grant, or adjudicated to belong to any county or individual under the swamp land grant, or any homestead or pre-emption settlement. Nor Swamp or shall said certificate so issued confer any right or title as against lands to be exany person or company having any vested right, either legal or equitable, to any of the lands so certified. [A substitute for the original section, 18 G. A.. ch. 167. As to recording of land grant titles by railway companies, see 18th G. A., ch. 186, inserted after § 1917.] TRANSFER OF STATE LAND OFFICE TO OFFICE OF SECRETARY OF STATE. [Eighteenth General Assembly, Chapter 206.] homestead cluded. SEC. 1. On and after the first Monday in January in the year Register to turn 1883, the office of register of the state land office shall be transfer- over books and red to the custody of the secretary of state and the present in- Papers Jan. cumbent of the office of register of the state land office shall then turn over and deliver to the secretary all books, papers, maps. furniture and property of every description held by him as belonging to his office. SEC. 2. From and after the first Monday of January in the year Duties of reg 1883, all business pertaining to the office of register of the state ister to he performed by secland office as provided by law, and all duties now required to be retary of State. performed by the said register, shall thereafter be performed by the secretary of state, and he shall have and hold possession and control of all the property turned over to him, as specified in sec tion one of this act. SEC. 3. In addition to the clerical force now allowed by law to Clerk of land the secretary of state for the performance of the duties of his office, department. he shall be allowed one additional clerk, whose duty it shall be to perform the clerical work pertaining to the land department, as directed by the secretary, and he shall also perform such other duties as the secretary may direct. SEC. 4. The salary of the clerk provided for in this act shall be twelve hundred dollars per annum, to be paid at the end of each month, and the auditor of state shall draw a warrant on the state treasury in favor of said clerk on the certificate of the secretary of state, stating the amount that may be due. Salary of clerk SEC. 5. The office of register of the state land office is hereby office of regisabolished from and after the first Monday in January in the year ter abolished. When and how elected. R. 133, 136. To enter upon duties. R. 134, 135. Office: duties. Printing: how R. 138, 140. CHAPTER 6. OF THE STATE PRINTER. SECTION 94. The state printer shall be elected at each regular session of the general assembly by a joint vote thereof, and shall hold his office for two years from the time he enters upon the duties of such office. SEC. 95. The person elected shall enter upon the duties of such office on the first day of May in the year following that in which he is elected. SEC. 96. He shall keep an office at the seat of government, with sufficient material, type, presses, and workmen to print the laws, journals of the two houses of the general assembly, the incidental printing thereof, and all forms and blanks of the several state officers, together with the incidental printing of the state. A failure to keep such office at said place, and promptly perform in a workmanlike manner all the duties required shall be deemed a resignation of said office. SEC. 97. He shall print the laws, journals, forms, and blanks to be executed. aforesaid as the same may be required, in a neat and workmanlike manner, and promptly perform and deliver the same, so that the public business shall not be delayed or suffer from any failure to have the work done in a reasonable and proper time. Duty of secretary of state. R. 141. Auditor to issue warrant. R. 143. Printing or al assembly. R. 142. SEC. 98. The secretary of state, upon the completion of any printing done for the state, shall examine whether it has been properly executed according to the provisions of this chapter, and should it be thus executed, he shall give his receipt therefor, stating the same, together with the amount to which the printer is entitled for said work; and, if not so executed, he may, nevertheless, receive the same and give his receipt therefor, noting said deficiency in said receipt. SEC. 99. The auditor of state on the production of the aforesaid receipt of the secretary of state, shall issue his warrant on the state treasurer for the amount therein stated; and should there be a deficiency noted on said receipt, he is hereby required to order suit to be commenced immediately against the printer and his securities on his official bond, and report the proceedings therein in his next report to the governor. SEC. 100. Whenever printing is ordered by either house of areer the general assembly, the secretary or chief clerk thereof shall immediately notify the secretary of state of such order, and when such printing is done, the same shall be delivered to the secretary of state for distribution. The accounts for such printing shall be audited upon the receipt of the secretary of state as provided in the two preceding sections. When copies of laws shall be SEC. 101. Within fifty days after the secretary of state shall furnished, and deliver to the state printer a copy of the laws, joint resolutions, and memorials passed at any session of the general assembly, he shall print all the copies thereof that may be by law required, and the secretary of state shall, within five days after the same are printed, make out and deliver to such printer an index of the when same |