3RD. THE MORTGAGE SCHOOL LANDS.

These lands do not belong to any of the grants. They are lands bid off on behalf of the State on foreclosures of mortages given to secure loans of the school fund in the several counties of the State. They were created as a new class of school lands by the Act of April 8, 1862, and were by said act to be disposed of the same as other school lands; except that Section 11 of said act authorized the Clerk, when application was made to purchase any of them, to appoint appraisers, have them appraised and sell them at the appraisement, provided it equaled the amount of the judgment, interest and costs on which the same were bid in, and if it did not the Board of Supervisors might authorize the sale at such appraisement and report balance as loss to the fund.

The Act of March 21, 1870 repeals said Section 11 and again provides that the lands shall be sold in the same manner as other school lands.

The act of April 9, 1872, provides that on and after January 1, 1874, the several counties shall have sole control and management of all loans on mortgages then held or thereafter made. That foreclosures of mortgages shall be at the expense of the county, and that losses or gains upon foreclosures and re-sales of mortgaged property shall be made good by or inure to the benefit of the county, (see Code, p 348). Prior to the taking effect of this provision there were frequent losses to the School fund, which the State had to make good, occasioned by the insufficiency of security or by the depreciation of the real estate mortgaged.

Under the provisions of Sections 1917 and 1918 of the Code (See p. 355,) the Board of Supervisors has the authority to sell any real estate taken on account of a debt due the county, the proceeds to go to the fund to which the debt belonged, and that all the proceedings of the Board in regard to the sale must be entered on the minute book of the Board, including the resolution making sale, and the yeas and nays on its passage, and that a transcript of the same certified under the hand of the County Auditor and Seal of the Board shall be a sufficient deed of Conveyance by the county. This provision in connection with the Act of April 9, 1872, (See Section 1881, Code, p. 348,) seems to

conflict with the act of March 21, 1870, (See Section 1850, Code, p. 341,) which provides that "all lands bid in on execution founded on a judgment in favor of said fund shall be sold and patented the same as other school lands."

Under the act of April 8, 1862, it was the duty of the Clerk of the Board of Supervisors, to issue the certificate of final payment on this class of land, and this continued to be his duty until the creation of the office of County Auditor, when, it was made this officer's duty to issue certificates of final payment on all school lands.

The law required that these lands, when bid off and conveyed to the State, should be reported to the State Land Office, but this requirement is omitted in the Code.

The following is a statement of the real estate bid off by the State on foreclosure of Mortgages for the use of the school fund, and patented since our last biennial report:

4TH. THE UNIVERSITY GRANT..

Congress, by act of July 20, 1840, authorized the Secretary of the Treasury to set apart and reserve within the Territory of Iowa, a quantity of lands not to exceed two entire townships for the support of a University when the Territory should become a State. The act en titled, "An act supplemental to the act for the admission of Iowa and Florida into the Union," approved March 3, 1845, again grants these lands to the State to be appropriated for such University in such manner as the legislature may prescribe. The secretary, in setting apart these lands, considered the grant as one for seventy-two sections of six hundred and forty acres each, or, 46,080 acres, and in making the selections he accounted fractional sections of more than six hundred and forty acres at their true value, and those of a less quantity than six hundred and forty acres, as full. The number of sections actually certified under this construction of the grant, was but seventy, whereas the grant calls for seventy-two sections.

According to the secretary's interpretation of the grant, the State has received all she is entitled to except 122.06 acres.

These lands are under the control and management of the Board of Regents of the State University at Iowa City.

For the laws regulating the sale of these lands and their management, see chap. 2, Code of 1873, page 295, and for prior laws relating thereto, see chap. 84, Rev. 1860, chap. 126, Acts 1862, and chaps. 59 and 78, Acts 1864.

The quantity of land actually certified under this grant is 45,928.84 The quantity unpatented is 6,712.82.

acres.

The following is a statement of the lands of the University grant patented since the last report of this office :

5TH. THE SALINE LANDS.

By the act of Congress approved March 3d, 1845, being “An Act supplemental to the Act for the admission of the States of Iowa and Florida into the Union," there was granted to the State the use of the Salt Springs therein, not to exceed twelve, with six sections of lands. contiguous to each.

These springs and lands were relinquished to the State by act of Congress entitled "An Act to relinquish to the State of Iowa the lands reserved for Salt Springs therein. Approved May 27, 1852. This act gave the State the fee-simple title to said lands, and provided that the same be disposed of by direction of the legislature. (See chapter 42, 1st session 32 Congress).

The quantity of lands approved and certified to the State under this grant is 46,202.53 acres. The quantity unpatented, about 3,118.29

acres.

The following is a synopsis of the legislation of the State relative to these lands:

The Act approved February 24, 1847, directs the method of selecting them.

The Act approved February 5, 1851, provides that these lands shall be sold "by the same officer as though they were a part of the Des Moines River lands:" (Register Des Moines River Improvement,) that the proceeds shall constitute a fund for founding a lunatic asylum. It also provides for pre-emptions of said lands. It appears that no sales were made under this act.

The Act approved January 23, 1853, provides that these lands shall be sold as though they formed part of the School lands, and that the proceeds shall be paid into the State Treasury.

The Act approved January 25, 1855, relates to selling the Saline, School and University lands, and provides for transferring moneys, notes and other papers belonging to the University, or Saline funds that are in possession of the State Treasurer, to the Treasurer of the State. University.

The Act approved July 14, 1856, again appropriates the proceeds of these lands to the Insane Asylum.

The act of March 28, 1858, repeals that part of the act of July 14, 1856, which appropriated the proceeds of Saline lands to the Insane Asylum.

The act of March 26, 1860, (see Revision 1860, page 345,) confers on the County Judge and County Treasurer, the same powers in regard to Saline lands which were vested in the School Fund Commissioner by act of January 25, 1855.

The act of April 2, 1860, (see Revision 1860, page 346,) makes the Saline lands and funds, a part of the permanent fund of the State University, and requires the proceeds of the lands to be paid over to the Treasurer thereof.

The act of March 31, 1882, which became a law without approval, extended the time for claimants to prove up and purchase certain Saline lands.

The act approved March 25, 1864, places these lands and proceeds thereof, and all notes, contracts, and other securities therefor under the control of the Board of Trustees of the State University; authorizes the board to sell the lands and make certificates of final payment, upon which patents will issue and legalizes patents previously issued on certificates of the Treasurer of said University and of the Clerk of Lucas county.

By mistake, section 36, township 70, range 17, in Appanoose county, was placed on the Tract Book of Saline lands in this office, and the greater portion of the same sold by the officers of Appanoose county having charge of the sale of Saline lands in said county. This matter was brought before the General Assembly at its Eleventh Session, when a law was passed providing for refunding the money to the purchasers of said lands. (See chapter 17, Acts 1866, page 14, approved March 3, 1866.)

By act of the Thirteenth General Assembly, approved April 11, 1870, these lands were placed under the control of a Board of Regents. (See Chap. 87, Acts 1870, p. 88.)

The following described tracts, to-wit: The s hf of section 13 and ne qr of section 23, township 70, range 16, were selected as Saline lands and approved and certified to the State, as such, by the Department of the Interior; they have been treated by the State as part of said grant ever since such approval, and a portion sold by the authorities of the State. Said tracts were subsequently approved by the Secretary of the Interior, to-wit: on February 23, 1869, as issuing to the Burlington & Missouri River Railroad Company, and are claimed by said company as part of their lands. We addressed a letter to the Commissioner of the General Land Office, in regard to said tracts, and he replied stating that the approval of the same as Saline lands was revoked by the Secretary of