COMPILED CODE - Iowa Legislature - State of Iowa

325
Tit. XIV, Ch. 22. SECURITY OF THE REVENUE. §§ 4761-4767.
10 the amount of the taxes so agreed upon shall discharge the lien against
11 the property of the estate.
[S., '13, § 1481-a41 ; 39 G. A., ch. 38, § 10.]
SEC. 4761. Refund of tax improperly paid.
1 When within five years after the payment of the tax, a court of
2 competent jurisdiction may determine that property upon which an
3 inheritance tax has been paid is not subject to or liable for the
4 payment of such tax, or that the amount of tax paid was excessive,
5 so much of such tax as has been overpaid to the treasurer of state
6 shall be returned or refunded to the executor or administrator of
7 such estate, or to those entitled thereto, when a certified copy of the
8 record of such court showing the fact of nonliability of such property
9 to the payment of such tax has been filed with the executive
10 council of the state, the executive council shall if the case has been
11 finally determined issue an order to the auditor of state directing
12 him to issue a warrant upon the treasurer of state to refund such tax.
13 Such order of court shall not be given until fifteen days' notice of the
14 application therefor shall have been given to the treasurer of state of
15 the time and place of the hearing of such application, which notice
16 shall be served in the same manner as provided for original notices.
[S., '13, § 1481-a43 ; 39 G. A., ch. 38, § 13.]
CHAPTER 22.
SECURITY OP THE REVENUE.
SECTION 4767. Loaning or depositing public funds—interest on
daily balances.
1 A county treasurer shall be liable to a like fine for loaning out, or
2 in any manner using for private purposes, state, county or other funds
3 in his hands, but the county treasurer shall, with the approval of the
4 board of supervisors as to place of deposit, by resolution entered of
5 record, deposit such funds in any bank or banks in the state to an
6 amount fixed by such resolution at interest at the rate of at least two
7 and one-half per cent per annum on ninety per cent of the daily balances
8 payable at the end of each month all of which shall accrue to the benefit
9 of the general county fund ; but before such deposit is made, such bank
10 shall file a bond with sureties to be approved by the treasurer and the
11 board of supervisors in double thei amount deposited, conditioned to
12 hold the treasurer harmless from all loss by reason of such deposit or
13 deposits ; provided that in cases where an approved surety company's
14 bond is furnished, said bond may be accepted in an amount equal to
15 ten per cent more than the amount deposited. Said bond shall be filed
16 with the county auditor and action may be brought thereon either by
17 the treasurer or the county as the board of supervisors may elect;
18 and the state treasurer shall be liable to a fine of not more than ten
19 thousand dollars for a like misdemeanor. But nothing done under
20 the provisions of this section shall alter or affect the liability of the
21 -treasurer or the sureties of his official bonds.
[R., '60, § 797; C, '73, § 912; C, '97, § 1457; S., '13, § 1457;
39 G. A., ch. 114, § 2.]