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A TER, S TE S S I C INT OF THE NINTH (FENERAL ASSEMBLY OF THE S T LA. T E O IET II O TVVT AL - -—-ºº--- Published by Authority. DES MOINES : F. W. PALMER, STATE PRINTER. 1862. CHAP. 1. 10. 11. 13. C O N T E N T S . T i t l e s Of A C t s . PAGE. An act assuming the collection and payment of the quota apportioned to this State, of the direct tax an- nually laid upon the United States, by the Act of Congress, approved August 5th, 1861, and authorizing notices thereof to the Secretary of the Treasury of the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act fixing the times of holding Courts in the Fifth Judicial District of the State of Iowa. . . . . . . . . . . . . An act to change the times of holding Courts in the Eighth Judicial District of the State of Iowa. . . . . . An act to provide for the preservation of Trout in the waters of this State. . . . . . . . . . . . . . . . . . . . . . . . . . . An act to authorize the Deputy Clerk of the District Court to act instead of his principal in certain cases, and to legalize certain acts heretofore done . . . . . . . . An act to abolish the Board of Commissioners of the Insane Asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to appropriate money for the relief of sick and wounded soldiers among the Iowa Volunteers. . . . . . An act legalizing certain acts of Louis Case, Notary Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to confirm and legalize the Acts of John W. Thompson as a Notary Public in and for Scott County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to legalize the acts of Joseph T. Knapp, a No- tary Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to repeal chapter 81, of the Laws of the Eighth Session of the General Assembly, passed March 30th, 1860, entitled an act to provide for the establishment of a Commissioner in the City of New York, to pro- mote immigration to the State of Iowa. . . . . . . . . . . . An act to legalize the acts of certain persons therein named in the establishing of a certain State Road. . . An act relating to the Incorporation of the Fayette Sem- inary, now known as Upper Iowa University * † tº e º e e 1() iv. CONTENTS. €HAP. 14. 1. S PAGE. An act to amend an act entitled “an act to provide for the authentication, publication, and distribution of the acts, rules, and regulations of the Board of Edu- cation,” passed December 19th, 1861. . . . . . . . . . . . . . An act in relation to Juror's Fees. . . . . . . . . . . . . . . . . . An act making appropriations for the payment of the per diem of the members and officers of the Ninth General Assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to provide for the payment of Taxes and the in- terest and principal of the School Fund, in Treasury demand notes, issued by authority of the Government of the United States, and the notes issued by the sev- eral branches of the State Bank of Iowa. . . . . . . . . . . An act to legalize the levy of certain Taxes for School House purposes, in District No. 2, in the District Township of Huron in Des Moines County, . . . . . . . . An act for the assessment, levy and collection of the quota of this State, of the Tax laid on the United States, by the act of Congress approved August 5th, 1861, or any subsequent acts, and the payment of Auditor’s Warrants on the War and i)efense Fund . . An act relating to the incorporation of the Iowa Con- ference Seminary, now known as Cornell College. . . An act authorizing the reception of Auditor's Warrants on the War and Defense Fund in payment of State and Federal Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to provide for the maintenance of the Widows and Minor Children of Decedents, and to amend sec- tion 2403 of the Revision of 1860. . . . . . . . . . . . . . . . An act to authorize Boards of Supervisors to divide Townships into Election Precincts in certain cases. . An act authorizing the County Treasurer of Webster County to apportion certain taxes assessed on certain lands and town lots in that County . . . . . . . . . . . . . . . An act providing for the recording of the bonds of County officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to require the Clerks of the District Court to keep an Appearance Docket . . . . . . . . . . . . . . . . . . . . . An act to amend chapter 105, of the Revision of 1860, concerning Guardians of the Property of Minors. . . An act relating to the proof of written instruments in actions, and repealing section 2967 of the Revision of 1860. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act in relation to the duties of Clerks and Justices. . An act regulating additions to unincorporated towns. . . 13 13 14 15 17 3() 31 29. 30. *Y & 32 CONTENTS. V CHAP. - PAGE. 31. An act to amend chapter forty-five of the Revision of 1860, so as to exempt grounds leased by Agricultural Societies from taxation during the term of such lease 32 32. An act to enable the State or any County to acquire real estate under certain circumstances, and to hold, con- trol, and dispose of the same . . . . . . . . . . . . . . . . . . . . . 33 33. An act to amend section 5066 of the Revision of A. D. 1860, of the laws of the State of Iowa, in relation to taking change of Venue in Criminal proceedings be- fore Justices of the Peace . . . . . . . . . . . . . . . . . . . . . . . 34 34. An act to prevent the unlawful driving away of Cattle and other Stock by Drovers and others. . . . . . . . . . . . 35 35. An act to prevent the Importation, running at large, and sale of Diseased Sheep . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36. An act to regulate the issuing of Certificates of election in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 37. An act to amend section 5192, of the Revision of 1S60 37 7 S. An act to legalize the sale of certain School Lands in Tama County, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39. An act in relation to Life Insurance Companies. . . . . . . 39 40. An act to amend section 1 chapter 98, of the Laws of the Sixth General Assembly, and to legalize the rec- ord of certain conveyances in the Recorder's office at Fort Madison in the County of Lee, and making the same evidence in legal proceedings. . . . . . . . . . . . . . . . 40 41. An act to establish a Court at McGregor. . . . . . . . . . . . . 41 42. An act to legalize the acts of Charles A. Perry alias Richard J. Thornton, as Notary Public, in and for Buchanan County, Iowa . . . . . . . . . . . . . . . . . . . . . . . . 44 43. An act for the relief of Willis Clemens, Aurora Clem- ens, and A. C. Price. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44. An act to provide for a full settlement of all claims, rights and liabilities, between the State of Iowa and James A. Brown and George C. Allender . . . . . . . . . 45 45. An act making further appropriations for the coumpletion of the Blind Asylum at Vinton. . . . . . . . . . . . . . . . . . 48 46. An act regulating the purchase of supplies for the use of Charitable Institutions belonging to the State of Iowa 49 47. An act supplementary to an act entitled an act for the suppression of intemperance, passed January 22nd, 1855, and the act entitled an act supplementary and amendatory to an act entitled an act for the suppres. sion of intemperance, passed January 28th, 1857. . . . 50 4S. An act to define the duties of the Physician of the Pen- itentiary and to fix his salary . . . . . . . . . . . . . . . . . . . . . 51 49. An act to amend an act entitled an act in relation to County Seats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 vi CONTENTS. CHAP. 56. 57. 58. 6(). 61. 62. 63. 64. 6 6 6 7. 68. 69. PAGE. An act for the relief of Reuben H. Webster and others, and relating to the plat of the town of Marshall. . . . An act to amend Section 906 of the Revision of 1860 and for the encouragement of hedging . . . . . . . . * * * An act to regulate the fees of Sheriffs for taking convicts to the Penitentiary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to prevent the spreading of fires on the prairies and in the timber, in certain seasons of the year . . . . An act to amend Section six hundred and sixty-two (662] of the Revision of 1860. . . . . . . . . . . . . . . . . . . . . . . . . An act to authorize the Governor to settle the excess over 500,000 acres of land selected by the State of Iowa under the 8th section of the act of Congress approved September 4th, 1841,entitled an act to appropriate the proceeds of the sales of public lands and to grant pre- emption rights, and to re-convey the unsold excess of such lands to the United States. . . . . . . . . . . . . . . . . . . An act further defining the duties of the Register of the State Land Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to legalize the acts of E. A. Alexander, Notary Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to authorize the Recorder of Appanoose County to re-index the records of real estate mortgages in said County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to legalize the acts of G. C. Wright, a Notary Public of Bremer County, Iowa. . . . . . . . . . . . . . . . . . An act for the removal of an escheat. . . . . . . . . . . . . . . . An act in relation to plank roads and conferring certain powers upon County Boards of Supervisors. . . . . . . . An act to legalize the acts of William H. Manning, a No- tary Public of Van Buren County, Iowa. . . . . . . . . . An act to legalize the acts of Edward T. Edgington, a Notary Public of Lucas County . . . . . . . . . . . . . . . . . . An act to legalize the laying out of the town of Grove City in Cass County, Iowa. . . . . . . . . . . . . . . . . . . . . . . 5. An act relative to the public Square in the town of Indi- anapolis, in Mahaska County. . . . . . . . . . . . . . . . . . . An act to regulate the taxation and collection of costs in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to legalize the acts of John H. Brown, a Notary public in Blackhawk County . . . . . . . . . . . . . . . . . . . . . An act making appropriations for the payment of the mileage of the members of the Ninth General As- sembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to amend Section three hundred and seventeen, Chapter 22 of the Revision of 1860, in relation to the Board of Supervisors . . . . . . . . . . . . . . . . . . . . . . . . CONTENTS. vii CHAP. 70. 71. 7 5 76. 78. 79. S 3 . # 86. PAGE. An act relating to draining. . . . . . . . . . . . . . . . . . . . . . . . . 69 An act relating to County Court Records . . . . . . . . . . . 70 An act to authorize the Governor of this State to pro- cure passes over Railroad and Steamboat routes for such sick and wounded soldiers as may need the same in returning home from the army. . . . . . . . . . . . . . . . . An act in relation to the organization of Townships and the number of Supervisors in any County. . . . . . . . An act to provide for the apportionment and pay of ad- ditional Surgeons and for the employment of nurses in the Iowa Regiments of Volunteers in the service of the United States. . . . . . . . . . . . . . . . . . . . . . . . . . . An act to repeal Section 2871 of the Revision of 1860, and enact a substitute therefor, and to repeal any law requiring notice books to be kept. . . . . . . . . . . . . . . . . An act providing for the registry of dogs, and defining the duties of townships in certain cases. . . . . . . . . . . . An act to amend Section nine hundred and eighty-six (986) of the Revision of 1860, in relation to Swamp Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act providing for the vacation of Town Plats. . . . . . An act to restrict and define the powers and duties of the City Court of the City of Dubuque in this State. An act to change the name of Townships, Towns and Villages. . . . . . . . . . . . . * - e º s is a tº e º 'º e s is e º 'º e º e º t e º 'º An act fixing the time for the meetings of the Board of Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act providing a uniform standard of Weights and Measures, creating the office of State Superintendent of Weights and Measures, and providing the appoint- ment of sealers of Weights and Measures in the sev- eral counties, cities, and incorporated towns of this State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘e tº e º dº tº An act for extending the time for claimants to prove up and purchase certain Saline Lands. . . . . . . . . . . . • * * * An act to prevent fraud in Warehousemen and others. . An act entitled an act to amend an act providing for auditing all accounts and disbursements arising under the call for volunteers upon Iowa, and also for all men organized as the State Militia of Iowa. . . . . . . . . . . . An act authorizing the people of Mills County to cancel the indebtedness of said county to the Swamp Land Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act defining the manner in which the boundaries of counties may be changed in certain cases and provid- ing for the disposition of existing liabilities. . . . 2% S 4 s . 91 91 viii CONTENTS. CHAP. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 99. 100. 101. 102. 103. 104. 106. 107 108. PAGE. An act to define the manner of canvassing votes cast at Special elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to amend Section 548 of the Revision of 1860, defining the duties and pay of Township Clerks in Certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to amend Chapter forty-six of the Revision of 1860, fixing the compensation of Township Clerk... An act for the relief of all persons heretoforé divorced, to whom the disability to marry again has been at- tached, either by the law under which the divorce was had, or by decree of the Court granting the same. . . An act entitled an act to legalize the election and offi- cial acts of D. D. Chase, District Attorney in and for the 11th Judicial District of the State of Iowa . . An act relating to the bringing of suits against counties An act to amend the law in reference to the sale of in- toxicating liquors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to organize fire companies in the village of Wa- terloo, in Blackhawk County, and regulate the same An act amendatory to an act, entitled an act to provide for the making and repairing of public highways and prescribing the further duties of Township officers in certain cases, approved March 23d, 1858. . . . . . . . . . . An act authorizing incorporated cities, towns and vil- lages to regulate and license the sale of property by auctioneers and transient merchants, . . . . . . . . . . . . . . An act fixing the time of holding Courts in the 6th Ju- dicial District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act making a further appropriation for the Hospital for the Insane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of Pocahontas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . - e. An act to quiet titles to certain purchasers and occupants of lands in Webster County . . . . . . . . . . . . . . . . . . . . . An act to provide for the taking up of estray animals. . An act to provide for the publication and distribution of the report of the Adjutant General . . . . . . . . . . . . . . . An act to repeal Chapter 68 of the laws of the 7th Gen- eral Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to amend chapter 46 of the Revision of A. D. 1860, in relation to bridges . . . . . . . . . . . . . . . . . . . . . . An act to exempt the property of Iowa Volunteers in the military service of the United States from levy or sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act fixing the times of holding Courts in the Third Judicial District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to amend the acts to protect game. . . . . . . . . . . . 97 98 9%) 94) 10() 100 101 104 106 10S 1()S 109 11() 11? 112 116 CONTENTS. ix CHAP 109. 110. 111. 112. 113. 114. 115. 126. 127. 128. 129. PAGE. An act to repeal section 1814 of Revision of 1860, and to enact in lieu thereof a substitute relating to pro- ceedings to be observed in the acceptance, and pay- ment of bills and notes . . . . . . . . . . . . . . . . . . . . . . . . . 125 An act to confer additional power on the Warden of the Penitentiary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 An act to apportion the State into Senatorial Districts. . 127 An act to legalize the acts of Wm. L. Wood, a Notary Public in and for Lee county . . . . . . . . . . . . . . . . . . . 127 An act to legalize the acts of E. K. Hart, a Notary Public in and for Lee County. . . . . . . . . . . . . . . . . . . . 12S An act to allow organized counties to fund their out- standing warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 An act to repeal chapter seven of the Laws of the State of Iowa, passed at the extra session of the 8th General Assembly, entitled “an act for the relief of the Volunteer Soldiers of this State. . . . . . . . . . . . . 131 An act fixing the time when taxes shall become a lien upon real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 An act to amend section 1851 of Revision of 1860, re- lating to Mechanics' Liens. . . . . . . . . . . . . . . . . . . . . 133 An act to legalize the acts of James N. Miles, a Notary Public of Clinton County, Iowa. . . . . . . . . . . . . . . . . . 133 An act to amend an act entitled an act to require County Judges to give bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 An act for the protection of fruit . . . . . . . . . . . . . . . . . . . . 134 An act to amend section 4246 of the Revision of 1860 135 An act to amend an act entitled an act to amend an act to confer certain powers on towns and cities for school purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 An act in relation to recording powers of Attorney for the conveyance of real estate . . . . . . . . . . . . . . . . . . . . 136 An act to provide for the publication and distribution of the laws of the Ninth General Assembly of the State of Iowa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 An act to legalize certain acts of Seth Anderson, County Judge of Wayne County, Iowa, in the sale and con- veyance of certain town lots in the town of Corydon, Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13S An act to secure the remainder of the University Land Grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 House of Representatives . . . . . . . . . . . . . . . . . . . . . . 139 An act to amend section 1874 of the Revision of 1860 141 An act amendatory of an act entitled an act providing for auditing all accounts and disbursements arising under the call for volunteers from Iowa, and also for all men organized as the State Militia of Iowa. . . . . 141 X CONTENTS. CHAP. PAGE. 130. An act making appropriations for the per diem of the members and officers of the Ninth General Assembly and for other purposes . . . . . . . . . . . . . . . . . . . . . . . . . . 143 131. An act to legalize the official acts of Joseph G. Tanner, as a Justice of the Peace, of Nevada Township, in and for the County of Story, Iowa. . . . . . . . . . . . . . . . 150 132. An act for the relief Jacob Mintun . . . . . . . . . . . . . . . . . 150 133. An act making appropriations for the payment of State and Judicial Officers, interest on State Bonds and loans, and for other purposes . . . . . . . . . . . . . . . . . . . . 151 134. An act prescribing the manner in which the incorporated Town of Newton, Jasper County, Iowa, may dissolve its acts of incorporation . . . . . . . . . . . . . . . . . . . . . . . . 155 135. An act to prevent obstructions in any of the public ditches for the benefit of swamp lands . . . . . . . . . . . 156 136. An act to legalize the acts of Delos Arnold as Notary Public in Marshall County, Iowa. . . . . . . . . . . . . . . . . 156 137. An act to amend an act entitled an act regulating the compensation of County Judges. . . . . . . . . . . . . . . . . . 157 138. An act to authorize the publication of certain laws in the Weekly State Register and Weekly Des Moines Times . . . . .... e. e. e. e. e. e º a • e º e º a * * * * * * * * * * * * * * * * * * * * * 159 139. An act for the relief of Amity College . . . . . . . . . . . . . . 159 140. An act to legalize the acts of John C. Turk, a Notary Public in and for Polk County, Iowa. . . . . . . . . . . . . . 162 141. An act to amend section 843 of Revision of 1860, rela- ting to roads . . . . . . . . . . . . . . 's º e < * g º e º 'º t e º Aº º a • * * * 162 142. An act to legalize the acts of C. H. Toll, a Notary Pub- lic in Clinton county. . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 143. An act to authorize the Board of Supervisors of Lee county to loan a portion of the School Fund in said county to the College of Physicians and Surgeons at Keokuk, known as the Medical Department of the University of the State of Iowa. . . . . . . . . . . . . . . . . 163 144. An act to provide for the publication of the laws of a general nature of the Ninth General Assembly in certain newspapers and for the translation thereof. ... 165 145. An act to legalize the official acts of George W. Clark, Notary Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 146. An act to amend section 4350 of the Revision of 1860. 166 147. An act to legalize and declare valid certain judgments of the District Court of the Fifth and Eleventh Judi- cial Districts of the State of Iowa. . . . . . . . . . . . . . . . 167 148. An act for the better protection of the School fund. . . . . 168 149. An act for the relief of the widow and indigent children of Joseph Ketterer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 150. An act to amend the Code of Civil Practice. . . . . . . . . . 173 CONTENTS. xi CHLAP isi. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. PAGE. An act to amend article four of chapter one hundred of the Revision of 1860 in relation to dower. . . . . . . . . . An act to provide for the support of the Deaf and Dumb and Blind Asylums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to require the Dubuque and Sioux City Railroad Company to release certain Swamp, school and river lands on the line of said road and providing for the compensation thereof by an extension of the time of building said road. . . . . . . . . . . . . . . . . . . . . . . . . . * @ 9 º' An act to protect Treasurers’ certificates of purchase of real estate at tax sales. . . . . . . . . . . . . . . . . . . . . . . . . . An act requiring the recorders of Deeds and Mortgages of the several counties of Iowa to procure and keep on file in their respective offices a report of the de- crees and judgments rendered in the District Court of the United States rendered for the District of Iowa An act to amend chapter 32 of the laws of the present session of the General Assembly and to further pro- vide for the collection of moneys due the State and Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to divide the State into six Congressional Districts An act to regulate the carrying of freight and passen- gers over connecting Railroads. . . . . . . . . . . . . . . . . . . An act to require officers of Railroad Companies to re- side in the State of Iowa, and defining their duties. . An act to authorize the Governor and Board of County Supervisors to appoint agents in regard to swamp lands belonging to the State of Iowa, and defining their duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to amend chapter ninety, article two of the Re- vision of 1860. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act making appropriation for Guard's salaries, libra- ry, locks, cistern, ash-house, vaults for Clerks’ office, contingent fund, shop and past indebtedness of the Penitentiary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act prescribing the duties of Township Trustees and Road Supervisors in certain cases. . . . . . . . . . . . . . . . . An Act to change and fix the time of holding Courts in the Seventh Judicial District. . . . . . . . . . . . . . . . . . . . An act making it the duty of the Clerk of the District Court to act in the place of the County Judge in cer- tain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An act to authorize the Principal of the Institution for the education of the Blind, to remove said Institution to the building erected for that purpose at Vinton, in Benton county, Iowa. . . . . . . . . . . . . . . . . . . . . . . . . . . 177 179 179 180 182 183 184 1S6 190 190 192 193 194 xii CONTENTS. CHAP. 168. 169. 170. 171. 172. 173. 174. 175. 176. PAGE. An act further defining the duties of County Treasurers and fixing their compensation. . . . . . . . . . . . . . . . . . . . 196 An act in relation to the duties of Railroad Companies, 197 An act apportioning the State of Iowa into Representa- tive Districts . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * 199 An act to legalize the official acts of J. D. Burkholder, Clerk of the District Court of Webster County. . . . . 203 An act to amend and consolidate an act passed by the Board of Education December 24th, 1859, entitled “an act to amend an act entitled an act to provide a System of Common Schools,” and the amendments thereto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 An act to amend Chapter forty-five of the Revision of 1860, being an act in relation to revenue. . . . . . . . . . . 223 An act to amend the Code of Civil Practice at law and equity; it being Part Third of the Revision of 1860. 229 An act to amend the militia law. . . . . . . . . . . . . . . . . . . . 231 An act to pay Capt. James F. Morton and others, for services rendered in protecting the North-Western frontier during the months of May and June, 1861. , 238 iN 1 X | : i i 9 4-l 9. 41 Q 4 ; i : 7. * 8. JOINT EESOLUTIONS. Arsenal and Armory on Rock Island. . . . . . . . . . . . . . . . . 241 Complimentary to Iowa Volunteers . . . . . . . . . . . . . . . . . . 241 Distribution of Adjutant General’s Report . . . . . . . . . . . . 242 Relief of Iowa Troops in Missouri . . . . . . . . . . . . . . . . . . 242 Complimenting our Troops at Fort Donelson. . . . . . . . . 243 Assistant Surgeons and Nurses . . . . . . . . • * * * * ". . . . . . . . . 243 Relief of Inveigled Troops in Missouri . . . . . . . . . . . . . . 244 Mail Routes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 Federal Judicial Circuit Court. . . . . . . . . . . . . . . . . . . . . . . 245 Regimental Flags. . . . . . . . . . . . . . . . . . . . . . . . . ‘s & tº e < * * * 245 Fort Donelson Commission . . . . . . . . . . . . . . . . . . . . . . . . 246 Mail Route. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Roman Catholic Clergyman. . . . . . . . . . . . . . . . . . . . . . . . 247 Complimentary to the President of the United States. . . 247 Claim of John Hornby. . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 Trustees of Insane Hospital. . . . . . . . . . . . . . . . . . . . . . . . 248 Swamp Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 Claim of John Johns jr. . . . . . . . . . . . . . . . . . . . . . . . . . 249 Des Moines River Grant. . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Claim of Capt. Gottschalk. . . . . . . . . . . . . . . . . . . . . . . . . . 250 Claim of Capt. William Edwards. . . . . . . . . . . . . . . . . . . 251 Appropriation to Assistant Enrolling Clerks. . . . . . . . . . 251 Promotion of Col. J. M. Tuttle . . . . . . . . . . . . . . . . . . . . 251 Assistance in Adjutant General's Office. . . . . . . . . . . . . . . 252 Trustees of Agricultural College appointed. . . . . . . . . . . 252 Claims of A. Greenwald and others. . . . . . . . . . . . . . . . . 253 Passes to Volunteers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Appropriation of Supreme Court Reports. . . . . . . . . . 254 LA W S O F I O W, A. C H A P T E R 1. FEDERAL TAX. AN ACT assuming the collection and payment of the quota appor- tioned to this State, of the direct tax annually laid upon the United States, by act of Congress approved August 5th, 1861, and author: §: notices thereof to the Secretary of the Treasury of the United tateS. SECTION 1. Be it enacted by the General Assembly of State assumes the State of Iowa . This State hereby assumes the as-payment, of sessment, collection and payment into the Treasury of the **** United States, of the quota apportioned to this State, of the direct tax annually laid upon the United States by the Act of Congress approved August 5th, 1861, entitled an “Act to provide increased revenue from imports, to payinterest on the public debt, and for other purposes.” SEC. 2. The Governor of this State shall, in the Gov. to give present year, on or before the second Tuesday of Feb-notice to the ruary next, and in each succeeding year thereafter, give;. * notice to the Secretary of the Treasury of the United “” States of the assumption expressed in section No. one of this Act. SEQ. 3. This Act being deemed by the General As- sembly of immediate importanee, shall take effect upon its publication in the daily State Register and the Des Moines Daily Times, newspapers published in the City of Des Moines. Approved January 31st, 1862. ... I hereby certify that the foregoing Act was published in the Daily State Register February 2nd, 1862, and in the Des Moines Daily Times February 4th, 1862. ELIJAH SELLS, Secretary of State. LAWS OF IOW.A. Times hold- ing Court. Warren Co. Dallas Co. Greene Co. Guthrie Co. Madison Co. Adair CO. Carroll Co. Audubon Co. Polk Co. Change not C. H. A P T E R 2. FIFTH JUDICIAL DISTRICT. AN ACT fixing the times of holding Courts in the Fifth Judicial District of the State of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the several Courts in the Fifth Judicial District, shall hereafter be holden as follows: WARREN-In the County of Warren for the year 1862, on the second Monday of February and first Monday of November, and for each year thereafter on the fourth Monday of February and the fourth Monday after the fourth Monday in August. DALLAs–In the County of Dallas for the year 1862, on the third Monday after the fourth Monday in March, and on the second Monday of August, and for each year thereafter on the second Monday of March and second Monday of August. GREENE–In the County of Greene on the third Monday of March and third Monday in August in each year. GUTHRIE–In the County of Guthrie on the fourth Monday of March and third Monday in October in each year. MADISON–In the County of Madison on the first Monday after the fourth Monday of March, and second Monday after the fourth Monday of August in each €3.I’. y ADAIR—In the County of Adair on the second Mon- day after the fourth Monday of March, and first Monday after the fourth Monday of August in each year. CARRoll—In the County of Carroll on the fourth Monday in August in each year. AUDUBON–In the County of Audubon on the Thurs- day next succeeding the fourth Monday in August of each year. Polk—In the County of Polk on the first Monday of May and third Monday of November in each year, and each term in said County shall continue so long as may be deemed necessary by the Court to do the business on the docket. SEC. 2. All writs, processes and proceedings pend- tº writsing in any of the said Courts, and returnable at the processes and proceedings pending. terms now fixed by law, shall be deemed pending and returnable at the terms as fixed by this Act, and no writ, recognizance, indictment or other proceeding, shall be quashed or held invalid by reason of the change of LAWS OF IOW.A. 3 the time of holding Court in the several counties in said District. All original notices, or notices of any kind, requiring the defendant or defendants or parties to any proceed- ing to appear at the terms as now fixed by law, and which shall have been served by the Sheriff, or whereof publication shall have been completed or begun, at the faking effect of this Act, shall be held good, and the de- fendant or defendants or parties thus notified shall be held to appear at the times herein fixed for the holding of the respective Courts herein named, provided, the sº. said notice or notices would have been sufficient in law i. to de- º © !" fendants not had not the time of holding Courts been changed by this effected by Act, and provided further, that the necessary time re-change. quired by law for such notices shall have elapsed prior to the times herein fixed for holding the said several Courts, and in all cases where such time shall have elapsed prior to the times herein fixed for holding the several Courts as aforesaid, and where the notice is regular in all other re- spects, the parties notified shall be held to appear. But all notices not served by the Sheriff, and all notices, publica-, ... tion whereof shall not have begun at the taking effect of." this Act, shall notify the parties thereto to appear at the * time herein fixed by this Act for holding the said several Courts acording to the general law regulating original notices and the service thereof. SEq.3. All Acts heretofore passed, fixing the times Repealing. of holding Courts in said District, are hereby repealed. SEC. 4. This Act being deemed of immediate im- Take effect. portance, shall take effect and be in force from and after its publication in the Iowa Daily State Register and the Des Moines Daily Times. Approved February 1, 1862. I hereby certify that the foregoing Act was published in the Iowa Daily State Register February 5th, and in the Des Moines Daily Times, February 6th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 3. EIGHTH JUDICIAL DISTRICT. AN ACT to change the times of holding courts in the Eighth Judi. cial District of the State of Iowa. SECTION 1. Be it enacted by the General Assembly of 4 LAWS OF IOW.A. Time holding the State of Iowa, That the terms of the District Court Court. within and for the Eighth Judicial District shall be here- after in each year held as follows: At Iowa City in Johnson county, on the first Monday in January, second Monday in May, and the third Mon- day in October. At Marengo in Iowa county, on the first Mondays in Johnson Co. Iowa Co. º in February and September. - Tama Co. At Toledo in Tama county, on the third Mondays in February and September. Benton Co. At Winton in Benton county, on the fourth Mondays in February and September. Linn Co. At Marion in †. county, on the fourth Monday in March, second Monday in July and second Monday in November, Provided, That for and during the year 1862 there shall be no term of said Court on the fourth Mon- day in March in said Linn county, but the only terms held in said county for the year 1862, shall be those com- mencing on the second Mondays in July and November. At Tipton in Cedar County, on the first Mondays in Cedar 99. June and December. At Anamosa in Jones County, on the third Mondays in June and December. Change of SEo. 2. That no process, writ, notice, petition, indict. time. ment or other paper issued out of, returnable to, or to be tried in any of the Courts in said District, and made re- turnable or triable at any term as fixed by law therein by the act hereinafter repealed, shall be quashed, set Not to affect aside or in any manner invalidated by reason of anything writs, pro. in this act, but the same shall be held to be returnable cesses and and triable at the times fixed by this act in the respect- º ive Counties of said district, and in any County wherein P* the time of holding any term of said Court is hereby changed, such process, writ, notice, petition, indictment or other paper shall be held to be returnable and triable at the first term of the said Court which shall be held in such County next after the taking effect of this Act. SEc. 3. That Chapter five of the Acts passed at the º: * regular session of the Eighth General Assembly, ap- €10 era, proved January 27th, 1860, be, and the same is hereby Jones Co. Assembly. º SSembly repealed, and as well all Acts and parts of Acts in con- flict here with. º g e * Take effect. SEC. 4. That this Act being deemed of immediate importance shall take effect and be in force from and after its publication in the Daily Iowa State Register and Daily Dés Moines Times, published at Des Moines, Iowa, and shall be in force from and after the date of such LAWS OF IOW.A. 5 ublication, the provisions of Section twenty-four of the i. of 1860 to the contrary notwithstanding. Approved February 4th, 1862. I hereby certify that the foregoing Act was published in the Daily Iowa State Register and Daily Des Moines Times, February 6th, 1862. ELIJAH SELLS, Secretary of State. C EH A P T E R 4. . PRESERVING TROUT. AN ACT to provide for the preservation of Trout in the waters of this State. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be unlawful for any Trout to be person to take any Trout in any of the waters of this . º State with any net, seine, weir, basket, spear gräpple, T kin - trap or any other device, whatsoever, except a hook and º line. Nor shall any person take or destroy any of the between the fish aforesaid in any of said waters by any means what-15th day of ever, between the fifteenth day of September and the .*.*, last day of December in each and every year. of December. SEC. 2. The having in possession any of the above Possession named fish recently ensnared or killed between the days prima facie above mentioned, shall be deemed and taken as prima evidence of facie evidence that the same was caught by the person Mºtion Of or persons having the possession of the same in violation of the provision of this Act. SEC. 3. Any person violating any of the provisions Penalty. of this Act, shall forfeit and pay a fine of three dollars * for each Trout killed, bought or sold or held in possession in violation of this Act. SEo. 4. Any person who shall go upon the premises Penalty for of any person or corporation, whether inclosed or not, jon and shall be found seeking to take by any means what- premises of ever any of the fish aforesaid, within the said fifteenth any persºn or day of September and the last day of December afore.”P" said, shall be deemed guilty of trespass and may be pros- ecuted by any person, in possession of said premises, before any Justice of the Peace of the county or other court of competent jurisdiction, and fined in any sum not less than three dollars nor more than fifty dollars to be paid one moiety to the complainant and one moiety 6 LAWS OF IOW.A. to the Clerk of the District Court of the county for the use and benefit of the schools of said county; %. however, that a judgment against a person for a violation of this Act under the first Section ºf the same, shall be a bar to any suit under the fourth Section of this Act for the same offence. Manner of SEC. 5. A prosecution may be brought by any per- commencing son in the name of the State of Iowa, against any per- Suit. son or persons violating the first Section of this Act, be- fore any Justice of the Peace of the county in which such violation of this Act is alleged to have taken place, or before any court of competent jurisdiction thereof, and any sum or sums so recovered shall be paid to the Clerk of the District Court of the county, for the benefit of the common schools of said county. SEC. 6. This Act shall be in force from and after its publication according to law. Approved February 5th, 1862. Taking effect C H A P T E R 5 , DEPUTY CLERE DISTRICT COURT. AN ACT to authorize the Deputy Clerk of the District Court to act instead of his principal in certain cases, and to legalize certain acts heretofore done. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in case the Clerk of the District Deputy Clerk Court of any County shall be absent or from any other º cause shall be unable to discharge any of the duties re- principal quired of him by virtue of the provisions of Chapter 115, of the Revision of 1860, including the drawing of Jurors, then and in that case the Deputy of such Clerk duly ap- pointed, may act in his stead, and all Acts and parts of Acts coming in conflict with this Act are hereby repealed. SEO. 2. In all cases where Deputy Clerks have here- tofore in the absence or inability of their principals, acted under the provisions of said Chapter 115, in drawing the names of Jurors, such acts are hereby legalized and declared valid and binding. SEG, 3. This Act being deemed by the General As- Take effect sembly of immediate importance, shall take effect and be Acts legaliz'd LAWS OF IOWA. 7 in force from and after its publication in the Daily State Register and the Daily Des Moines Times. Approved February 6, 1862. I hereby certify that the foregoing Act was published in the Daily State Register February 9th, 1862, and in the Daily Des Moines Times, February 13th, 1862. ELIJAH SELLS, Secretary of State. C E[ A P T E R 6. INSANE ASYLUM. AN ACT to abolish the Board of Commissioners of the Insane Asylum. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That so much of section 1, Chapter Board of 134, of the Acts of the 5th General Assembly as consti- ‘. tutes the Governor of the State, Edward Johnson, of - Lee, and Charles S. Clark of Henry County, a Board of Commissioners to locate and superintend the erection of a building to be used as an Asylum for the Insane be and the same is hereby repealed. SEC. 2. That Chapter 77 of the Acts of the 8th Gen- eral Assembly, which constitutes William H. Postlewait of Burlington, a Commissioner for the erection of the Iowa Hospital for the Insane, be and the same is hereby repealed. SEC. 3. That the duties heretofore devolving upon said Board of Commissioners shall be discharged by the Duties to de' Board of Trustees of said Iowa Hospital for i. Insane. ..." SEo. 4. This Act to take effect and be in force from of Trustees. and after its publication according to law. Approved February 11th, 1862. C H A P T E R 7. RELIEF OF SICK AND woundED SOLDIERs. AN ACT to appropriate money for the relief of sick and wounded soldiers among the Iowa Volunteers. SECTION 1. Be it enacted by the General Assembly of 8 LAWS OF IOW.A. Gov. may ex- the State of Iowa, That the Governor of this State is pend $3,000, hereby authorized to pay out of the contingent fund now or hereafter in his hand such sum or sums as may in his judgment, be necessary from time to time to provide for supplying the wants of the sick and wounded soldiers belonging to the several regiments of Iowa Volunteers, now or hereafter engaged in the service of the United States, such sum or surns to be expended by the Gover- nor in any manner which in his judgment may be best calculated to promote the object contemplated by this Act: Provided, however, that the whole amount so ex pended shall not exceed the sum of three thousand dol- lars in any one year. SEC. 2. This Act being deemed by the General As- sembly of immediate importance, shall take effect and be in force from and after its publication in the Daily State Register and Des Moines Daily Times, newspapers published in the City of Des Moines. Approved February 11th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register, Fepruary 13, 1862, and in the Des Moines Daily Times, February 15th, 1862. - ELIJAH SELLS, Secretary of State. C H A P T E R 8. LEGALIZING ACTS OF LOUIS CASE. AN ACT legalizing certain acts of Louis Case, Notary Public. WHEREAs, Louis Case, of Bremer county, Iowa, was, on the 7th day of January, 1857, duly commissioned by the Governor of the State of Iowa, as a Notary Public, and whereas said Louis Case did use a seal upon which were inscribed the words “Notary Public,” instead of the words “ Notarial Seal,” as is required by law, now, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all acts performed by said Louis Case, be and the same are hereby declared as legal and binding as they would have been had the words “Nota- rial Seal” been inscribed upon the seal of said Louis Case. SEC. 2. This Act being deemed of immediate impor- LAWS OF IOW.A. 9 tance shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Times, without expense to the State. Approved February 12th, 1862. I hereby certify that the foregoing Act, was published in the Des Moines Times February 15th and in the Iowa State Register, Feb- ruary 16th, 1862. y ELIJAH SELLS, Secretary of State. C EI A P T E R 9. LEGALIZING THE ACTS OF JOHN W. THOMPSON. AN ACT to confirm and legalize the acts of John W. Thompson as a Notary Public in and for Scott county. WHEREAs, The commission of John W. Thompson, a Notary Public in and for Scott county, expired on the seventh day of December, 1861, and said Thompson, believing his commission in full force, did, after the said 7th December, 1861, do and perform official acts as a Notary Public,” therefore, SECTION 1. Be it enacted by the General Assembly of Legalize the the State of Iowa, That all acts of John W. Thompson acts of John as a Notary Public in and for Scott county, between the W. Thºmp. 6th day of December, A. D. 1861, and the 1st day of º January 1862, are hereby declared, and shall be taken to º be as legal and valid as if the commission of said Thomp- son had been in full force at the time such official acts were done. SEC. 2. This Act shall take effect from and after its publication in the Iowa State Register and Davenport Gazette, as by law required, anything in the laws of this State to the contrary notwithstanding, Provided, The Same be done without expense to the State. Approved February 12th, 1862. I hereby certify that the foregoiag Act was published in the Iowa State Register, February 16th, 1862. - ELIJAH SELLS, Secretary of State. 2 10 LAWS OF IOW.A. Legalizing Joseph T. Knapp's acts as Notary Public. Repealing. Take effect. Commission- er Of . gration abol- ished. C H A P T E R 1 0 . LEGALIZING ACTS OF JOSEPH. T. KNAPP. AN ACT to legalize the acts of Joseph T. Knapp, a Notary Public. WHEREAs, Joseph T. Knapp, of Black Hawk county, Iowa, was appointed a Notary Public in and for said County, by #. Governor of Iowa, and whereas, after the expiration of said Commission, the said Joseph T. Knapp continued to act as a Notary Public from the 16th day of October, 1860, until the 1st day of July, 1861; Therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all official acts of said Joseph T. Knapp, by him performed as a Notary Public, within and for the said County of Black Hawk, subsequent to the 16th day of October, 1860, and prior to the 1st day of July, 1861, be and the same are hereby declared legal and binding in law and equity as fully as though the said Commission had been in full force and effect at the time of such official acts as Notary Public. SEC. 2. All Acts and parts of Acts coming in conflict with this are hereby repealed. SEC. 3. This Act shall take effect and be in force from and after its publication according to law. Approved February 14th, 1862. C H A P T E R 1 1 . COMMISSIONER OF IMIMIGRATION. AN ACT to repeal Chapter 81 of the laws of the 8th session of the General Assembly, passed March 30th, 1860, entitled an Act to rovide for the establishment of a Commissioner in the City of ew York to promote immigration to the State of Iowa. SECTION. 1. Be it enacted by the General Assembly of the State of Iowa, That Chapter 81 of the Laws of the 8th General Assembly of the §º. of Iowa, entitled “an Act to provide for the establishment of a Commissioner in the City of New York to promote immigration to the State of Iowa,” be and the same is hereby repealed. SEo. 2. Nothing in this Act contained shall be so LAWS OF I.O.W.A. 11 construed as to limit the term of office of the present in- cumbent, which expires on the 1st day of May, A. D., 1862. SEo. 3. This Act being deemed of immediate impor- tance, shall take effect and be in force from and after its ublication in the Weekly Iowa State Register and Des j Times. Approved February 17th, 1862. I hereby certify that the foregoing Act was published in the Weekly Iowa State Register and Des Moines Times, February 19th, 1862. ELIJAH SELLS, Secretary of State. O H. A P T E R 1 2. STATE ROAD. AN ACT to legalize the acts of certain persons therein named in the establishing of a certain State Road. SECTION 1. Be it enacted by the General Assembly ºf the State ºf Iowa, That the acts of Silas Toleman of Acts legalizºd Van Buren County, George Hobson of Henry County, and Boyd E. Pease, of Lee County, Commissioners to locate a certain State Road as surveyed and herein des- cribed, to-wit: Commencing at the south-west corner of Section nine- teen (19), Township sixty-nine (69), north, Range seven (7) west, on the line between Lee and Van Buren coun- ties, running thence north on the line between said coun- ties until it intersects the road running due west from Hillsboro, Henry county, the terminus of said road being on the county line between Lee and Henry coun- ties—be and the same are hereby legalized and confirmed any informality to the contrary notwithstanding. SEC. 2. And be it further enacted, that any informal-Informality ity in the acts or proceedings of the Board of Super-Board of Su- visors for the counties of Van Buren, Lee and Henry, in ...” le- establishing said Road and confirming the acts of said” Commissioners, be and the same are hereby legalized. SEC, 3. Be it further enacted, that Manassus Farbour Claim for of Lee county, shall have until the first Monday in June damages. 1862, to file his claims for damages before the Super- visors of Lee county, but said Farbour shall not be al- lowed damages by reason of any improvements he has made on his land through which said road is located since Description of survey. 12 LAWS OF IOW.A. the said road was located by the Commissioners of Lee, Van Buren and Henry counties. Take effect, SEO. 4. . This Act being deemed of immediate impor. tance to take effect from and after its publication in the Daily Gate City and Iowa Daily State Register, without expense to the State. Approved February 17th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register, February 19th, 1862. ELIJAH SELLS, Secretary of State, O H. A. P T E R 13. FAYETTE SEM.INARY. AN ACT relating to the incorporation of the Fayette Seminary, now known as Upper Iowa University. • ... SgoTION 1. Be it enacted by the General Assembly : of in- of the State of Iowa, That the articles of Incorporation rporation e y N - , , . " to and actsper. under which the Fayette Seminary was organized, and formed and all acts performed and rights and interests acquired by ; i.e. the said body corporate, be and the same are hereby de; ;"* clared legal and valid to the same extent as if the said articles of incorporation had been made in strict conform- ity to the Statute relating thereto. SEO. 2. The amendments heretofore made to the said articles of Incorporation, enlarging the powers of the institution and changing its name from Fayette Sem- inary to Upper Iowa University are also hereby declared legal and valid to the same extent as if the said amend- ments had been made in strict conformity to the Statute in relation thereto; and all rights, titles and interests be- longing to the said Fayette Seminary are hereby declared to be fully vested in the Incorporation known as the Up- per Iowa University. SEO. 3. No informality, irregularity, or illegality in the formation of said corporate body or in the proceed- ings thereof touching the said amendments made to the Articles of Incorporation shall in any manner invalidate any rights acquired, acts performed, or obligations as- sumed by the said Fayette Seminary or the said Upper Iowa University. Approved February 17th, 1862. LAWS OF IOW.A. 13 C H A P T E H 1 4 . BOARD OF EDUCATION. AN ACT to amend an Act entitled “An Act to provide for the au- thenfication, publication and distribution of the Acts, Rules and Regulations of the Board of Education, passed December 19th, 1861. SECTION 1. Be it enacted by the General Assembly of School laws, the State of Iowa, That the time prescribed by the Act of which this is amendatory, for the taking effect of the laws passed by the Board of Education, at its third reg- ular session, is hereby postponed to the 10th day of Ma A. D. 1862, and it ..º.º. duty of the sº º to the Board of Education to cause said laws and all amendments made by the General Assembly at its pres- ent session, to any of the School Laws to be printed and distributed to the several school Districts by that time. SEC. 2. This Act shall take effect and be in force from and after its publication in the Daily State Reg- ister and Des Moines Daily Times. Approved February 17, 1862. Take effect. I hereby certify that the foregoing Act was duly published in the Daily State Register and Des Moines Times, February 19th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 1 5. JURORs' FEEs. \ AN ACT in relation to Jurors' Fees. SEgtoN 1... Be it enacted by the General Assembly ºf Repealing the State of Iowa, That so much of section 4154 of the * Revision of 1860 as fixes the amount of fees for jurors, whether Grand or Petit Jurors in attendance upon the District Court, be and the same is hereby repealed. SEQ. 2. Every person required to serve either as Jurors allow. Grand or Petit Juror, in the District Court of this ed $1,50 per State, shall be allowed the sum of one dollar and fifty day, 10 cents cents per day, and if not a talesman Juror the sum of P* mile. ten cents per mile from his place of residence to the 14 LAWS OF IOW.A. county seat, and such fees and mileage shall be paid out of the County Treasury as now provided by law. Pay of Tales. , SEO. 3. That each talesmen serving as a Petit Juror Ille Il. in the District Court in this State, shall be entitled to receive the sum of fifty cents for each jury trial on which he may serve, provided the trial does not detain such talesman more than one day, but in case such talesman is detained more than one day, he shall be entitled to receive the same per diem compensation as the regular summoned Jurors. } SEC. 4. There shall be taxed as a part of the costs in ! "...'... every judgment rendered in the District Courts in this axed and 8-> - º º cºme tº as State (where the same was tried by a jury) the sum of other costs, six dollars as jury fees, which sum shall be collected as other costs, and whenever collected, shall be paid into the County Treasury by the Clerk of the District Court who shall charge the same up to said Treasurer, and re- port the amount thereof at each regular meeting of the Board of Supervisors of said County, and the fees so collected shall be a part of the County funds. SEC. 5. This Act being deemed by the Legislature of Take effect immediate importance shall take effect from and after its publication in the Daily Register and Daily Times, papers published in Des Moines City. Approved February 17, 1862. I hereby certify that the foregoing Act was published in the Daily Register February 19th, 1862, and in the Daily Times February 20th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 1 6 . AIPPIROPRIATIONS. AN ACT making appropriations for the payment of the per diem of the members and officers of the Ninth General Assembly. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the following sums of money be and the same are hereby appropriated for the purposes hereinafter designated : h d f the Offi SEC. 2. For the payment of the per diem of the offi- i. of Sena- cers and members .” the Senate, º of Six Thou- sand Dollars, or so much thereof as their certificates may entitle them to. LAWS OF IOW.A. 15 SEC. 3. For the payment of the per diem of the mem-Pay of mem. bers and officers of the House of Representatives, the befs and offi. sum of Twelve Thousand Dollars, or so much thereof as * * * their certificates may entitle them to. SEC. 4. The money thus appropriated shall be paid by the Treasurer of State, upon warrants issued by the Auditor of State, which warrants shall be issued by the Auditor to any member or officer of the Senate or House of Representatives presenting a certificate signed by the presiding officer, and attested by the Secretary or Chief Clerk of the body to which he may belong, certifying that such person is a member or officer of the Senate or House as the case may be, and the amount to which he is entitled. SEC. 5. This Act being deemed by the General As- sembly of immediate importance shall take effect from and after its publication in the Daily State Register and the Des Moines Daily Times, newspapers published in Des Moines. Approved February 17th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register February 19th, 1862, and in the Daily Times February 21, 1862. - ELIJAH SELLS, Secretary of State. C. H. A P T E R 1 7. REVENUE. AN ACT to provide for the payment of taxes and the interest and principal of the School Fund in Treasury Demand Notes issued by the authority of the Government of the United States, and the notes issued by the several branches of the State Bank of Iowa. SECTION 1... Be it enacted by the General Assembly of county Trea. the State of Iowa, That the County Treasurers of the surers shall several Counties in this State, be and they are hereby rºyº Unit- tº •o ow; - •o oak º - ed States De- authorized and required to receive in payment of all.” Fr. taxes by them collected, together with the interest and ury Notes. principal of the School Fund, Treasury Demand Notes, now issued or that may be hereafter issued by authority of the Government of the United States. SEo. 2. The County Treasurers as above mentioned, Receive state shall also receive in payment of such taxes, and interest Bank paper. and principal of the School Fund, the notes issued by 16 LAWS OF IOW.A. Not receive the several Branches of the State Bank of Iowa, pro- State Bank vided, that the Treasurers as aforesaid, shall not be ; allowed to receive the notes of the said Branches of the p State Bank, or any one of them at any time, after any One of said Branches has suspended specie payment. Treasurer to SEC. 3. The Treasurers of the Several Counties shall keep an ac- each keep an account showing the amount of taxes re- tºº. ceived by him in specie, the amount received in Treas- ... ury. Notes, and the amount received in notes of the State Bank of Iowa, which shall be examined the same as other accounts of said Treasurers. Treasurer SEC. 4. Nothing in this Act shall be so construed as in prohibited any way to allow the several County Treasurers in this ;". State or State Treasurer to dispose of the specie now on hand or that may be hereafter collected by such Treas- urers for any of the notes above mentioned ; but the said Treasurers are hereby required to pay to the Treas- urer of State such specie on hand or hereafter collected, except what is necessary in making change and any fail- ure so to do shall make the County Treasurer violating the provisions of this Act liable for all damages sustained by the State in consequence of such exchange and such Treasurers shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than $500 and imprisonment in the County jail not less than six months. State Treas. SEC. 5. The Treasurer of this State is hereby required urer shall re-, to receive of the several County Treasurers in this State fºund the above described notes in payment of any taxes due §.d the State, and also in payment of any claims the State State Bank may now or hereafter have against any County in this paper. State for any part of the permanent School Fund. And the said State Treasurer shall pay out the said notes in the redemption of outstanding Auditor's Warrants, Pro. vided, That the Treasurer of State shall collect in specie so far as the several County Treasurers may be able to pay, Provided further, That the provisions of this Act shall not apply to Ex-Treasurers who have not settled with the proper authorities according to law. Secretary of SEC. 6. It shall be the duty of the Secretary of State, Satº.to nº. upon the suspension of specie payment of any of the #. Branches of the State Bank, to notify by circular or oth: §§ll I'CT8. e Tº ^{ erwise all the County Treasurers of the State, and all the notes of said Branches said County Treasurers may have on hand on the receipt of said notice, shall be re- ceived by the State Treasurer in payment of all dues as provided in Section 5 of this Act. LAWS OF IOW.A. 17 SEC. 7. The provisions of this Act shall cease to Limitation operate on the last day of January, 1864. of act. SEC. 8. This Act being deemed of immediate im- portance by the General Assembly, shall take effect Take effect. from and after its publication in the Daily State Reg- ister, the Iowa Homestead and North-Western Farmer, and Des Moines Times, papers published in Des Moines City, or any two of them. Approved February 17, 1862. I hereby certify that the foregoing Act was published in the Daily State Register February 18, 1862, and in the Des Moines Times Feb- ruary 20th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 18 . SCHOOL HOUSE TAX IN DES MOINES COUNTY. AN ACT to legalize the levy of certain taxes for School House pur- poses, in District No. 2, in the District Township of Huron, in Des Moines County. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the taxes hitherto levied in sub-district No. 2, in the District Township of Huron, Tasleyied in Des Moines county, Iowa, for school house purposes, be º ...i. and the same are hereby legalized and made as valid asized. though the same had been made in strict conformity to law. This bill having remained with the Governor three days (Sundays excepted) the General Assembly being in session, has become a law this 21st day of February, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 19 . FEDERAL TAX. AN ACT for the assessment, levy and collection of the quota of this State, of the tax laid on the United States, by the act of Congress, approved August 5th, 1861, or any subsequent acts, and the pay- ment of Auditors' warrants on the war and defense fund. SECTION 1. Be it enacted by the General Assembly of 3 18 LAWS OF IOW.A. Levy of two the State of Iowa, That for the purpose of meeting in mills ºn the part the payment of the quota apportioned to this State assessment of e º - y 1861. of the annual tax laid upon the United States, by the act of Congress, approved August 5th, 1861, entitled “An Act to provide increased revenue from imports to pay interest on the public debt, and for other purposes,” there is by this Act levied and assessed upon all property in this State subject to taxation, a tax of two mills upon * each dollar in value thereof, using therefor the valuation of the year 1861. - County Trea. , SEC. 2. The County Treasurer of each county in this surer to enter State, is required to immediately prepare upon the tax Fedº books for the year 1861, now in his hands, a separate lºa column, which he shall head “Federal Tax,” into which the tax thus column he shall carry out the tax above assessed upon entered shall all the taxable property listed on the said tax books, as º: .."... the same has been equalized by the State and County ©I\ll 6. Board of Equalization for the year 1861, and also upon all such property which has been or may hereafter be placed legally on said tax books which was by the asses. sor omitted, and such tax so entered upon such tax books or lists, shall be to all intents and purposes, a tax within the meaning of Chapter 45, of the Revision of 1860, and all the provisions of said chapter not inconsistent with this Act, and all Acts which may be hereafter enacted shall apply to the tax hereby levied, in the same manner and with the same force and effect as if this tax had been levied by the Boards of Supervisors of their respective counties, in pursuance of law. SEC. 3. Each County Treasurer shall immediately cause co Treasurer" notice to be published for four weeks in each newspa- ..".” per printed in his county, if there be any, and if not, iºnotice then by posting either written or printed notices in three of the most public places in each township in his county, stating in substance that an additional tax of two mills on the dollar has been levied as a Federal tax, on all the taxable property of his county, as shown by the tax book of 1861, and that the same is required to be paid ... by the last day of May next; but no neglect of said Penalty gº. Tº hall i rise invalidate the said levy or neglect of du Treasurer shall in any wise myandate Unº, said levy on ty. tax, and any such Treasurer who shall willfully neglect to perform any of the duties prescribed by this act shall forfeit and pay the whole amount of such levy in his County not collected by him and paid over, and he and his sureties shall be liable therefor on his official bond, in an action in the name of the State. SEC. 4. And the Treasurer of each county in this State shall execute an additional bond, with Sureties to LAWS OF IOW.A. 19 be approved by the Clerk of the District Court, County Treasurer re- Judge and Sheriff, in a sum equal to double the amount gººd to give of State tax on his tax book for 1861, conditioned for the sºona faithful performance of his duty hereby required of such Treasurer, said bond to be given on or before the 1st day of April next, and in case any Treasurer shall neglect to give such bond on or before the 1st day of April his office may be declared vacant by the Board of Super- visors at their June meeting, and they may appoint a successor who shall qualify by giving Bond and taking the oath in the same manner as the like officers elected. SEC. 5. Any person may pay the tax imposed by Interest on this Act, without interest, at any time before the 1st delinquent day of June next; but if not so paid, then the tax shall tax- draw interest at the same rate from that day that is im- posed on other delinquent taxes. SEC. 6. In case all other taxes on any premises shall have been paid before any County Treasurer receives Regulating notice of the levy of this tax, then such premises shall sale for taxes. not be offered for sale for this tax alone, at the tax sale for the year 1862, although the same may be delinquent. If this tax with any prior taxes shall be delinquent at the tax sales for the year 1862, and any premises shall be sold for such taxes, or in case the tax imposed by this Act shall remain delinquent until the tax sale for the year 1863, as above provided for, then in either case, the tax hereby imposed, shall have the same force and effect, and all the rights, remedies and provisions shall apply to such tax, as if the same had been levied in pursuance of Chapter 45 of the Revision of 1860. SEG. 7. The County Treasurer and the Clerks of the separate ac, 3oard of Supervisors shall severally keep an account counts to be with the Fund hereby created, in the same manner as kept. they keep it with the ordinary State fund, and the Boards of Supervisors shall make returns of the same to the State Auditor, the same as they are required to do with the ordinary State Fund. SEC. 8. The Auditor and State Treasurer shall each Auditor and keep accounts with said fund in such a manner as at all-State Treas- times to show the state thereof, as with the ordinary ...P State Fund. The Treasurer of State shall give an ad- º § C- ditional bond in the sum of fifty thousand dollars, to be approved and filed as provided in Sections 560 and 563, Chapter 36 of the Revision of 1860, on or before the 1st day of April, 1862. SEo. 9. The Governor shall adjust with the Govern-Tº Gº. “t, ment of the United States, the claims which this State º e has upon said Government, and apply the amount thereof ment. 2() LAWS OF IOW.A. towards the quota of the said Federal tax, apportioned to this State, as provided for by the said act of Congress, SEC. 10. The amount of the fund created by this Act or so much thereof, as may be necessary, is hereby ap- $º. propriated to pay the amount of the Auditor's warrants warrants, not otherwise redeemed, issued on the War and Defense Fund, and any balance that may be due the Government of the United States after applying the amount of the Said claims against said Government as above provided. SEC. 11. The State Census Board shall at their an- Census Board nual meeting for determining the rate of the State tax *. for the several counties, determine the per cent, of taxa- .*.*.d. tion necessary to meet the quota of this State, of the eral tax and annual tax levied on the United States by the aforesaid the Auditor, Act of Congress, or any subsequent Acts, and the Aud- º *** itor shall give notice thereof to the several County Clerks * at the same time he gives notice of the amount of annual State tax, and the Board of Supervisors or the Clerk of the Board of Supervisors of the several counties, shall at the time of levying other taxes, levy the per centum stated in such notice as a Federal tax for such year. SEC. 12. This Act being deemed by the General As- sembly of immediate importance, shall take effect upon its publication in the Daily State Register and Daily Des Moines Times, newspapers printed in the City of Des Moines. Approved March 10th, 1862. Take effect. I hereby certify that the foregoing Act was published in the Daily State Register, March 12th, 1862, and in the Daily Des Moines Times, March 13th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 2 0. CORNELL COLLEGE. AN ACT relating to the incorporation of the Iowa Conference Semi- nary, now known as Cornell College. Articles of in SECTION 1. Be it enacted by the General Assembly of corporation the State of Iowa 3 That the articles of incorporation and rights, under which the Iowa Conference Seminary was organ- *:::::: ized, and all Acts performed and rights and interests ac- galized. quired by the said body corporate be, and the same are LAWS OF IOW.A. 21 hereby declared legal and valid to the same extent as if the said articles of incorporation had been made in strict conformity to the statute relating thereto. SEC. 2. The amendments heretofore made to said arti- cles of incorporation, enlarging the powers of the institu-j. tion and changing its name from Iowa Conference Semi-ized. nary to Cornell College, are also hereby declared legal and valid to the same extent as if the said amendments Not to effect had been made in strict conformity to the statute in rela-Vested rights. tion thereto; and all rights, titles and interests belong- ing to the said Seminary are hereby declared to be fully vested in the said College. SEc. 3. No informality, irregularity or illegality in the formation of said corporate body or in the proceed- ings thereof, touching the said amendments made to the articles of incorporation, shall, in any manner, invali- date any rights acquired, acts performed, or obligations assumed by the said Iowa Conference Seminary, or the said Cornell College. Approved March 10, 1862. C H A P T E R 2 1 . WAR AND DEFENSE FUND WARRANTS. AN ACT to authorize the reception of Auditor's Warrants on the War and Defense Fund in payment of State and Federal taxes. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the several County Treasurers war and De- and collectors of taxes, shall receive in payment of State fense Fund and Federal taxes, Warrants issued or to be hereafter Warrants to issued by the State Auditor on the War and Defense #'s ºld Fund, so called. Such Treasurers and collectors of taxes federal taxes shall, upon the reception of any such warrants endorse any amount paid for interest thereon, and cause the en- dorsement to be signed by the person receiving such in- terest, and no interest shall be allowed by the State Treas- urer unless the same is so receipted. The County Treas- urers in the several Counties when they receive such warrants shall write across the face thereof the word “ canceled,” and shall transmit monthly statements of the same under oath giving the numbers, the several amounts distinguishing the principal from the interest, 22 - LAWS OF IOW.A. to the said Auditor, and shall also send such warrants receipted as aforesaid for the interest paid thereon, to the State Treasurer who shall cancel and file such war- rants, and send to such County Treasurer receipts there. for, to apply on State and Federal taxes as aforesaid. º SEC. 2. Upon the issuing of Warrants on said War º and Defense Fund hereafter, by said Auditor, or upon warrants for the return to him, for that purpose, of such warrants al- interest, ready issued, the warrants on the War and Defense Fund issued by the Auditor shall be for the amount of princi- pal and interest, keeping an account of such interest sep- arately in sums of two, three and five dollars each, as near as may be. Re-issue of SEC. 3. Upon the return to the Auditor of any such warrants, warrants heretofore issued, for the purpose of receiving in lieu thereof others of small denomination, the said Au- ditor shall cancel those so returned and file the same in his office, and issue others in lieu thereof, as provided in Section 2 of this Act, payable to the payee, naming him, or bearer, and shall mark the same on their face as re-is- sued, and they shall be known as “Re-issued War and Defense Fund Warrants,” and shall not bear interest, State Treas, and shall be numbered and registered separately from urershall file warrants of original issue; and the State Treasurer shall and list Sepa- § sº - º º . .m.” also, when received from County Treasurers, file and list original issue, such re-issues, separately from warrants of original issue. SEC. 4. This Act being deemed by the General As- sembly of immediate importance shall take effect upon its publication in the Daily State Register, the Daily Des Moines Times, and the Iowa Homestead and Northwest- ern Farmer, or any two of them, newspapers published at Des Moines. Approved March 10th, 1862. I hereby certify that the foregoing Act was duly published in the Daily State Register and Daily Des Moines Times, March 13th, 1862. LIJAH SELLS, Secretary of State. C H A P T E R 22. WIDOWS AND MINOR CHILDREN OF DECEDENTS. AN ACT to provide for the maintenance of the widows and minor children of decedents, and to amend Section 2403, of the Revision Of 1860. SECTION 1. Be it enacted by the General Assembly of LAWS OF IOW.A. 23 * the State of Iowa, That the appraisers, appointed to ap- Appraisers praise the personal property belonging to the estate of shall set apart any decedent, shall set off and allow to the widow and ºw children under the age of fifteen years of such decedent, children a if any there be, or if there be no widow, then to such support for children sufficient provisions, or other property, to sup-49 mºnths. port them for twelve months from the death of the dece- dent; and if the widow or such children have since the death of the deceased, and previous to such allowance consumed for their support any portion of the estate, the appraisers shall take the same into consideration in de- termining the amount of the allowance. Appraisers SEC. 2. When there is not sufficient personal prop- º certify erty or property of a suitable kind to set off to the widow the amount of and children as provided in the preceding section, the º, ..." appraisers shall certify what sum or further sum in money . . is necessary for the support of such widow or children. and children. SEC. 3. The appraisers shall not include in the ap- praisement the provisions, property or money set off and APPraisers allowed by them to the widow or children, but the same ºf shall be stated in a separate schedule, signed by them apart in the and returned to the office of the County Judge. appraiseulent SEC. 4. The court may on petition of the widow, or other person interested, review the allowance made to . . 8. the widow or children mentioned in the preceding Sec- ...the tion, and increase or diminish the same, and make such appraisement order in the premises as it shall deem right and proper. SEc. 5. All that part of Section twenty-four hundred and three (2403) of the Revision of 1860, in the follow-Repealin; ing words, “previous to the time when a sufficient amount ** for such maintenance can be paid to them out of their share of the estate, which amount so advanced shall after- wards be deducted from their respective portions,” be and the same is hereby repealed. Approved March 10, 1862. C H A P T E R 2 3. BOARD OF SUPERWISORS. AN ACT to authorize Boards of Supervisors to divide townships into election precincts in certain cases. SECTION 1. Be it enacted by the General Assembly of 24 LAWS OF IOW.A. Board of Su- the State of Iowa, That the Board of Supervisors of any pervisors, county in this State, are authorized and empowered to º ... create, if in their judgment deemed necessary, two or election pre- more election precincts in any township in their respec. cincts, in any tive counties, if there had been cast at the general elec- ... tion last held in such township more than one thousand containing ió00 votes. Votes. * tº 9 Board of Su- SEC. 2. When any such township shall be divided pºoj into election precincts, the Board of Supervisors shall shall number number or name the same, and shall cause the bounda- and º tries of each precinct to be recorded in the record book of .." the Board. Notice of the establishment and boundaries *2 of each precinct shall be published in some newspaper of general circulation in the county, for three consecutive weeks at least once in each week, the last publication to be made at least thirty days before the next election. Judges and SEC. 3. There shall be three judges and two clerks ºoſelec. of election in each of said precincts, who shall be ap- +OI). pointed by the Board of Supervisors at their meeting next preceding the election, Provided that the township trustees and township clerks shall be judges and clerks of elections in those precincts in which they respectively reside. Filling va. SEC. 4. In case any of the judges or clerks of elec- €9,Il Cl6S. tions to be held in such precincts fail to attend in time or refuse to be sworn, the vacancy shall be filled in the same manner in all respects as is or shall be provided by law for filling like vacancies in other townships. Manner of SEC. 5. The polls at such precinct elections shall be conducting opened at the same time, the judges and clerks shall take election. and subscribe the like oath, which may be administered by any one of them to the others; order shall be pre- served ; ballot boxes and poll books shall be prepared and furnished; voting shall be conducted, and the poll books kept, and the votes canvassed, in the same man- ner and with like effect as in and for the other town- ships. §º. 6. It shall be the duty of the judges of election Manner of . tº e º * * , *t ºr j. ... in each of said º: by one of their number, within turns, one day after the election, to deliver to the township trustees of said township, the poll books and returns of the election, who shall canvass the votes therein certified as having been cast for township officers. The township trustees shall within two days after the election by one of their number deliver to the member of the county Board of Supervisors of their township, the poll books and returns of each of said precincts to be returned to the Board of county canvassers, who shall canvass and dis- LAWS OF IOW.A. 25 ose of the same as provided by law for the returns and poll books of other townships. SEc. 7. When any township shall have been divided Place of vot. into election precincts, as authorized in this Act, no per-ing. son shall be entitled to vote in such township at any other place than in the election precinct in which he re- sides at the time he offers his vote. SEC. 8. This Act shall be in force from and after its publication according to law. Approved March 10th, 1862. C H A P T E R 24. FORT DODGE TAX. AN ACT authorizing the County Treasurer of Webster County to apportion certain taxes assessed on certain lands and town lots in Said county. WHEREAs portions of Sections Nos. 17, 18, 19, 29 Fort Dodge and 30, in Township 89, north of Range No. 28, west Land Co. of the Principal Meridian, Iowa, in Webster County, containing not exceeding twelve hundred acres of land, have heretofore been owned by what is known as the “Fort Dodge Land Company,” with title in the name of Jesse Williams, Trustee for John Lemp and others, and WHEREAs, a question involving the taxation of cer- tain portions of said lands has been decided in the Su- preme Court of the State affecting the liability of said lots and lands for certain taxes thereon levied, and WHEREAs, portions of said lands have been laid out, platted, and recorded as the Town Company’s Addition to Fort Dodge, and the said lots and blocks so con- stituting said addition with the remaining portion of said lands have been divided among the different members of said Company, and have been conveyed to to the different parties composing the same; there- fore, SECTION 1. Be it enacted by the General Assembly of Co. Treasurer the State of Iowa, That the County Treasurer of Web- may appor. ster County, as soon after the taking effect of this Action certain as possible, and by the first day of June next, be and ** he is hereby authorized and required to apportion the entire amount of taxes now assessed upon all of said 4 26 LAWS OF IOW.A. lots and lands, and to fix the proportionate amount for each part, tract or parcel of the same, for each year sep- arately. Shall charge SEC. 2. That said Treasurer shall make up in the delinquent tax book of said county for the year 1861, separate lists i.º. for each year, of all taxes now assessed and unpaid on tax book of each separate tract or parcel of land or lots as the same 1861, are now divided in the plat of the “Town Company’s Addition to Fort Dodge,” and the deeds of division of the aforesaid lands not platted in said addition; and the said taxes so apportioned shall, for each year, in the ag- gregate, amount to the full amount of taxes levied for that year on the lands so laid out and divided as afore- said, and the said taxes so apportioned on each separate piece or parcel of lots or lands shall be as binding upon the same, and shall be a lien upon the same separately, the same as the original taxes levied were a lien upon the lands upon which said taxes were levied. Cancel in old SEC. 3. The said Treasurer shall mark canceled books. upon the tax books of said county upon which the taxes appear now levied and upon the apportionment of Said taxes as aforesaid; the said lots and lands shall be re- leased from the lien of said taxes, except as provided by Section two of this Act on the property to which the same are apportioned. & Compensa- SEC. 4. The County Treasurer shall receive reason- i., §ºteas able pay for his services out of the County Treasury, to ll reſ. be audited as other claims against said County. sº. 5. This Act shall take effect from and after its Fº in the Daily Register, and in the Fort Dodge emocrat. - Approved March 10th, 1862. I hereby certify that the foregoing Act was published in the Daily Register March 15, 1862, and in the Fort Dodge Democrat March 15th, 1862. ELIJAH SELLS, Secretary of State. O H A P T E R 25. BONDS OF COUNTY OFFICERS. AN ACT providing for the recording of the Bonds of County Offi- CéI’S. SECTION 1. Be it enacted by the General Assembly LAWS OF IOW.A. 27 of the State of Iowa, That it shall be the duty of the Record Book Člerk of the District Court of each county in this State, to procure and keep in his office a book to be known as Record Book of Officers' Bonds. SEC. 2. It shall be the duty of each clerk to record clerk to re. in said Book, the official bonds of all County officers in- cord official cluding Justices of the Peace, and Constables, now on bonds. file in his county, executed since the 31st day of Decem- ber, 1859, and the bonds of all county officers hereafter filed in his County. SEC. 3. The Clerk shall receive as a compensation Fees. for the duties herein prescribed the following fees: for the recording of bonds now on file, the sum of six cents for each one hundred words by him recorded, which shall be paid from the County Treasury of his County, and for the recording of the bonds of each officer here- after filed, the sum of fifty cents, which shall be paid in advance, by the officer whose bond is so recorded. SEC. 4. Each Clerk shall keep an index to the Book Index. herein provided for, in which under the title of each of fice, shall be entered the names of each principal and his sureties, and the date of the filing of the bond. Sec. 5. Any County officer hereafter elected or ap- County offi- pointed who shall enter upon the discharge of the duties cers must of his office, without first having caused his official bond have bonds to be recorded, shall forfeit to the county of which he is recorded. an officer, the sum of five dollars for each official act by him performed prior to the recording of said bond, and the Chairman of the Board of Supervisors of each county, is hereby required to bring suit for, or collect such penalty, or penalties, in the name of his county. SEC. 6. The books hereby required to be kept shall Books open be open to inspection of all persons, in the same manner, to inspection. and at the same time, as other county records and trans- cripts thereof shall be received in evidence, in all the courts of this State, in the same manner and with the same effect that transcripts of other records now kept by the Clerks of the District Courts of this State are now received. SEC. 7. This Act being deemed of immediate impor-Take effect. tance shall take effect and be in force from and after its - ublication in the Iowa State Register and the Des oines Times, papers published at Des Moines. Approved March 10th, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register, March 26th, 1863, and in the Des Moines Daily Times March 15th, 1862. ELIJAH SELLS, Secretary of State. 28 LAWS OF LOWA. C H A P T E R 2 6 . APPEARANCE DOCKET. AN ACT to require Clerks of the District Court to keep an Appear- ance Docket. Clerk keep an SECTION 1. Be it enacted by the General Assembly of appearance the State of Iowa, That the Cſerks of the District Courts docket. in this State are required to keep in addition to the books specified in section three hundred and forty-six, chapter twenty-three, page 58 of the Revision of 1860, a book to be known as an Appearance Docket. Entry in ap. SEC. 2. The Clerk shall enter in said Appearance Docket pearance each suit that shall be brought in the Court, number- docket, ing them consecutively in the order in which they shall have been commenced, which number shall not be changed during the farther progress of the suit. In en- tering the suits the Clerk shall set out the full name of all the parties, plaintiffs and defendants, as the same shall be contained in the petition of the plaintiff or plaintiffs, or as the same shall subsequently be made parties by any cross bill, or other proceeding or order, and shall give the date of the filing of the petition. } SEC. 3. When the original notice shall be returned $...y to the office of the Clerk, he shall enter in said docket so upon return º - w §.iii" much of the return thereon as to show who of the par- notice. ties have been served therewith and the manner and time of service. Date of filing. SEO. 4. The Clerk shall immediately upon the filing thereof make a memorandum of the date of the filing of all pleas, demurrers, answers, motions, or paper of any other description in the cause and no pleading of any description shall be considered as filed in the cause, or be allowed to be taken from the Clerk’s office, until the Said memorandum is made. Cl SEO. 5. Immediately upon the sustaining or over-rul- erk shall . - : * ~ * *... . jul-ing of any demurrer or motion ; the striking out or ing of the amendment of any pleading ; trial of the cause ; rendi- Court. tion of the verdict; entry of judgment; issuing of exe- cution or any other act or thing . in the progress of the cause, the like memorandum thereof shall be made in said docket, giving the date thereof and the number of the book and page of the record where the entry thereof shall have been made, it being intended that the Appearance Docket shall be an index from the com- mencement to the end of a suit. LAWS OF IOW.A. 29 Sec. 6. The Clerk shall provide an index for the Ap-Index. earance Docket in which, as actions shall be entered in the same, they shall be indexed directly in the name of each plaintiff, and reversely in the name of each defend- ant in the action. SEC. 7. This Act being deemed of immediate import-Take effect. ance shall be in force from and after its publication in the Daily State Register, and Jowa Homestead and North- western Farmer, and Des Moines Daily Times, newspa- pers published in the City of Des Moines, or any two of them. Approved March 10th, 1862. I hereby certify that the foregoing was published in the Daily State Register and Des Moines Daily Times, March 15th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 2 7. GUARDIAN OF MINOR CHILDREN. AN ACT to amend Chapter 105, of the Revision of 1860, concern- ing guardians of the property of minors. SECTION 1. Be it enacted by the General Assembly of Jurisdiction the State of Iowa, That when a guardian for the ...". i. of any minor child or children has been or shall tenements in hereafter be appointed by the County Court in any other coun- county of this State, the said County Court shall have * the same power and authority over any lands and tene- ments of such minor child or children, situate in any other county in the State, that said County Court may by law exercise over the lands and tenements of such minor or minors, in the county where such guardian has been or shall be appointed. SEo. 2. That where a guardian for the property of Sales in other any minor child or children has heretofore been appoin; º; by ted by the county court in any county of this State, and . . Such guardian has heretofore made application to said Courts legal. county court for and obtained an order of sale of any ized. lands, tenements or hereditaments of such minor or mi- nors, situate in any other county in this State, and a sale and conveyance of such lands, tenements or heredita- ments has been made by said guardian in pursuance of such order, and approved by said County Judge, that 30 LAWS OF IOWA, the said acts and proceedings of said county court and such sale and conveyance are hereby declared as valid and binding, as though such lands were situate in the county where such guardian was appointed or as though the same had been made under the provisions of Section 1st of this Act. Transcript, to SEC. 3. That the county court shall order a transcript *.*.*.*, of any proceedings heretofore or hereafter had in said ted to the Co. tº a e º & - judges of oth. Court affecting the title to lands in any other county, er counties ordered to be sold by said court, to be transmitted to the When lºuds County Judge of the County in which said lands are are gold. situated. º SEC. 4. That all Acts and parts of Acts inconsistent º with the provisions of this A. be and the same are ent. hereby repealed. Approved March 10th, 1862. C H A P T E R 2 8. PROOF OF WEITTEN INSTRUMENTS. AN ACT relating to the proof of written instruments in actions and repealing section 2967 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 2967 of the Revision of 1860 is hereby repealed and the following is substituted therefor: Thesignature SEC, 2967. When any action, defense, set-off, counter to * Wºº claim or cross demand is founded on a written instru- in Strunnellt º º e J - -- ... --! jºin the ment, which is referred to in any pleading, and the orig- pleadings inal or a copy thereof is annexed thereto (or copied there- shall bººm in) the signature thereto or to any indorsement thereon **., shall be deemed genuine and admitted, unless the part unless denied Shall De Cleemed g y party under oath whose signature it purports to be, shall deny the same under oath, in his pleading, or in a writing to be filed at the same time, with or before his pleading, if there be one, and if not, then in the time allowed for a pleading, and when any other writing, purporting to have been signed by one of the parties is referred to in a pleading, and the original or copy thereof is filed with the plead- ing, the signature thereto shall be taken to be genuine, and the instrument may be read in evidence against such party, unless he denies the same in writing under LA WS OF IOW.A. 31 oath before the trial is commenced, provided that the yerson whose signature it purports to be, before filing #. affidavit shall, on demand, be entitled to examine the original instrument. SEC. 2. This Act shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Times. Approved March 10th, 1862. I horeby certify that the foregoing Act was published in the Iowa State legister March 26th, 1862, and Des Moines Daily Times March 13th, 1862, ELIJAH SELLS, Secretary of State. C H A P T E R 2 9 . REPORTS OF CIERKS AND JUSTICES. AN ACT in relation to the duties of Clerks and Justices. SECTION 1. Be it enacted by the General Assembly of Clerks and the State of Iowa, That it shall be the duty of the Clerks Justices to of the several Courts of this State, (except of the Su- *. report reme Court) and all Justices of the Peace, on the first; gº M. of January of each year, to make a report in sors, ist Jan. writing, to the Board of Supervisors of their respective of all fines, counties, of all forfeited recognizances in their several #. offices; of all fines, penalties and forfeitures imposed in posed in thir their respective Courts, in what cause or proceedings, respective when, for what purpose, against whom, and for what Courts, *. amount rendered ; whether said fines, penalties, forfeit- ures and recognizances have been paid, remitted, can- celed or otherwise satisfied ; if so, when, how, and in what manner; if not paid, remitted, canceled or other- wise satisfied, what steps have been taken to enforce the collection thereof, and the prospect of such collection. Such report must be verified under oath, to the effect that the same is full, true and complete of the matters therein contained, and of all things required by this Act; and any officer failing to comply with any of the provisions this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined in any sum not less than one hundred dollars. Approved March 14th, 1862. 32 LAWS OF IOW.A. C H A P T E R 3 (). UNINCORPORATED TOWNS. AN ACT regulating additions to unincorporated towns. Lands adjoin. SECTION 1. Be it enacted by the General Assembly of ing unincor ºf the State of Iowa, That any land lying in any county Pºdºwns of this State adjoining or contiguous to any unincorpo. *** rated town, may be platted by the owner thereof and re. corded as a corded as an extension of, or an addition to such town, part of said and for all legal and equitable purposes shall be deemed, 1 OWn. taken and considered as a part of such town, by the town. ship and county officers of the township and county in which such town is located in all matters pertaining to township or county organization, as fully as though it had been a part of the original plat thereof. SEC. 2. All extensions of, or additions to any unin- corporated town heretofore platted and recorded, shall be deemed and considered as a part of such town for all purposes as provided in Section one of this Act. Approved March 14th, 1862. C H. A. P. T. E. R. 3 1. AGRICULTURAL SOCIETIES. AN ACT to amend Chapter forty-five of the Revison of 1860, so as to exempt grounds leased by Agricultural Societies from taxation du- ring the term of such lease. Exempting SECTION 1. Be it enacted by the General Assembly of ſººn the State of Iowa, That so much of Section 711, Chap- i..." ter forty-five of the Revision of 1860, as exempts from tural Societies taxation all grounds and buildings of benevolent, agri- cultural and religious institutions and societies, devoted solely to the appropriate objects of these institutions be and the same is hereby amended, so as to include all property leased to agricultural societies during the term of such lease, Provided the same is devoted solely to the appropriate objects of said societies. Approved March 14th, 1862. |LAWS OF IOW.A. 3 3 necessary for the State or any county to take real estate to secure such State or county from loss on account of any debt due such State or county, the conveyance for any county shall be deemed and taken in all places to # be as valid and effectual as if made to an adult person. (). H. A P T E R 3 2. state AND Counties MAY BUY PROPERTY SOLD UNDER - EXECUTIONS. AN ACT to enable the State or any county to acquire Real Estate under certain circumstances, and to hold control and dispose of the SAIIlé. SECTION 1. Be it enacted by the General Assembly of º W * f * y . . * The State and the State of Iowa, That if upon the sale upon execution é. may in favor of the State or of any county, the proper officer bid off prop. shall bid off any real estate, or when it shall become erty sold un- der execution thereof may be made to such State or county as the case may be, which shall to all intents, west the title in the grantee as completely as if such grantee were an adult person. SEC. 2. All conveyances heretofore made to the State Conveyances to State, or County valid. SEC. 3. In any case where the State has held or may The Governºr ; hereafter hold, any lands as above provided, the Gover- may sell prop- erty belong- * nor may dispose of the same at not less than the sum ...? ing to the # such lands cost to the State, including interest and ex-site over- penses, and the proceeds shall be disposed of to the ing cost. credit of the fund to which the debt, on which said land was taken, belonged; provided, that in the unanimous ; Opinion of the Census Board the interest of the State would be promoted by selling for a sum less than cost, May sell for ; and shall fix the sum at which such land should be sold, less than cost and on any such sale if the purchase money shall not be the Governor may sell the same for the sum so fixed: With cºnsent of the Census * * * g g Board. paid in hand, adequate security, to be determined by said Census Board, shall be given for the payment there- for. SEC. 4. Whenever any county has taken, or shall The Board of hereafter take, any real estate as provided in the forego-Supervisors ing sections, it shall be competent for the Board of Su-. º: pervisors to sell and dispose thereof; as in their judg-in. to it. § ment shall be for the best interest of their said county; County. provided that if the same is sold on time for any part of the purchase money, the said Board shall require ade. quate security for the payment thereof, besides the re- sponsibility of the purchaser; and the proceeds of sales O 34 LAWS OF IOW.A. of all such lands shall belong to the fund to which the debt on which the land was taken, belonged. Record shall SEg, 5. In case of any such sale and conveyance b i.e.:” such Board, the resolution making the sale,shall be entered sale by the on the minutes of such Board ; the yeas and nays on the Board of Su passage of such resolution shall be also there entered with ... the date thereof; such resolution shall express the con- Éook of said sideration paid for said land, and such a description Board. thereof as shall be necessary to make a deed therefor: and a transcript of such proceedings relating to said Sale; the resolution and yeas and nays on its passage, made and certified under the hand of said Clerk and the seal of the said Board shall be a sufficient deed of convey- ance by the said county and shall be entitled to be re- corded or received in evidence without further proof. SEC. 6. Whenever the State or any county holds any A.Ş...Q. such lands undisposed of, it may by its proper agent, Counties may - e ~ - ! -- i.l. - lease and ... lease and control the use of the same as shall in the opin- trol the use of ion of the Census Board, if belonging to the State, and any ſºlds, the Board of Supervisors if belonging to the county, be fººd by * for the best interest of such owner and the proceeds of such use shall belong to the fund to which the debt on which the land was taken, belongs. ... , SEC. 7. The said State or any county on selling such º: gº lands, may at the option of the officers making the sale, tracts for execute a contract of sale, or an absolute conveyance lands sold, therefor; and they may take notes, mortgages, contracts or other securities, payable to the grantor, which shall be as valid as if made to an adult person. Approved March 17th, 1862. C H A P T E R 33 . CHANGE OF VENUE, AN ACT to amend section 5,066 of the Revision of A. D. 1860 of the laws of the State of Iowa in relation to taking change of Venue in criminal proceedings before Justices of the Peace. Chi f SECTION 1. Be it enacted by the General Assembly of Sº, be the State of Iowa, That section 5066 of the Revision of taken from A. D. 1860, of the laws of the State of Iowa, be and the justices of the same is hereby amended so that it shall read as follows: #.”. If such affidavit be filed the change of venue must be inal d- e o & º i. procee allowed, and the Justice must immediately transmit all LAWS OF IOW.A. * 35 the original papers and a transcript of all his docket en- tries in the case to the next nearest Justice in the Town- ship, unless said Justice be a party to the action, or is related to either party by º or affinity with- in the 4th degree, or where he has been Attorney for either party in the action or proceeding, and in such case the Justice before whom such action or proceeding is commenced shall transmit all the original papers, togeth- er with a transcript of all his docket entries, to the next nearest Justice in the County, against whom none of the above objections exist, who shall proceed to try the case, ...” g ge unless a Jury trial be demanded, but no more than one sºn º change of venue in the same case shall be allowed. lowed. SEo. 2. All acts and parts of acts inconsistent with this act are hereby repealed. Approved March 17, 1862. C H A P T E R 3 4. . DRIVING AWAY STOCK. AN ACT to prevent the unlawful driving away of Cattle and other stock by drovers and others. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any drover or other person or Drovers pro- persons, engaged in driving horses, cattle, mules, hogs hibited from or sheep or any other stock through any part of the State gº Off of Iowa, and shall drive off, or shall knowingly and wil- & lingly suffer or permit to be driven off from the premises of any citizen of said State, or from the range in which the stock of any such citizen usually run, to any distance exceeding five miles from such premises or range, any horses, mules, neat cattle, hogs or sheep or any other stock belonging to such citizen, shall be guilty of a mis-Penalty. demeanor, and on conviction thereof shall be punished by fine not exceeding one hundred dollars, or by impris- onment in the county jail not exceeding thirty days. SEO. 2. Any Justice of the Peace in any county Suit may be through which such stock shall pass or in which it may commenced be found, shall have jurisdiction of the offense: Prº...". vided, That a conviction before one Justice shall be a * bar to any other prosecution for the same offense. 36 LAWS OF IOW.A. Civil action SEC. 3. The owner of said stock may in addition to may be had the provisions of the preceding sections of this Act, com. ... merce civil action against the person or persons so driv. off stock ing off the stock, and if it is proved to have been ma- liciously or knowingly driven off, shall recover treble damages therefor. SEC. 4. Any Justice of the Peace in any county where personal service can be had, shall have jurisdiction of the case, the same as though the defendant resided in said county. - SEC. 5. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved March 17th, 1862. O H A P T E R 3 5. DISEASED SEIEEP. AN ACT to prevent the importation, running at large, and sale of diseased sheep. •. SECTION 1. Be it enacted by the General Assembly of Penalty for the State of Iowa, That it shall not be lawful for the owner importing, or of sheep, or any person having the same in charge, know. §§*. ingly to import or drive into this State, sheep having any ... contagious disease, and any person so offending shall be eemed guilty of a misdemeanor, and shall be punished by fine in any sum not less than fifty dollars nor more than one hundred dollars. SEC. 2. That any person being the owner of sheep, *** - or having the same in charge, who shall turn out, or turning out or Te Sº º S \') & º y for seſſing dis suffer any sheep having any contagious disease, know- eased Sheep. ing the same to be so diseased, to run at large upon any common, highway, or uninclosed lands, or who shall sell or dispose of any sheep, knowing the same to be so dis- eased, shall be deemed guilty of a misdemeanor, and shall be punished by a fine in any sum not less than fifty dollars, nor more than one hundred dollars. Fines go into Spg. 3., All fines recovered under the provisions of ščnooſ Fund this Act shall be paid into the County Treasury, for the use of the Common School Fund. - SEC. 4. Nothing in this Act shall be so construed as tºo. to prevent the recovery of damages in civil actions ered. against any person or persons, who shall import or drive such diseased sheep into this State, or who shall allow LAWS OF IOWA. 37 such diseased sheep to run at large, or who shall sell such diseased sheep. SEC. 5. This Act being deemed of immediate im- portance by the General Assembly, shall take effect from and after its publication in the Daily State Register and Daily Des Moines Times. Approved March 17, 1862. I hereby certify that the foregoing Act was published in the Daily State Register and Daily Des Moines Times March 21st, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 3 6. CERTIFICATES OF ELECTION. AN ACT to regulate the issuing of certificates of election in certain CàSČS. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in all cases where the County clea, & $ ...] Clerk of the Judge was heretofore empowered by law to issue certifi-Bºl of ºn- cates of election, the same shall hereafter be issued by vassers may the Clerk of the Board of Canvassers, under his signa-ºº: ture and signed by the President and attested by the . Of €16C- Clerk of the Board of Canvassers, with the seal of the " District Court thereto affixed. SEC. 2. All Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved March 17th, 1862. C H A P T E R 3 7. PAY OF PENITENTIARY GUARDS. AN ACT to amend Section 5192 of the Revision Of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section 5192 of the Revision of 1860, be and is hereby amended so as to read as follows: Each night Guard shall receive forty dollars per month, 38 LAWS OF IOW.A. for his services; and each house or shop Guard shall re ceive thirty-five dollars per month for his services ; and each wall Guard shall receive thirty dollars per month for his services, to be audited by the Warden, and paid at the end of each month out of the funds especially de. signated for the payment of Guards' and Chaplain's salaries. SEC. 2. This Act to take effect from and after its pub. lication in the Daily Iowa State Register and Des Moines Daily Times, papers published in Des Moines City, Iowa, Approved March 17th, 1862. I hereby certify that the foregoing was published in the Daily State Register and Daily Des Moines Times, March 21st, 1862. ELIJAH SELLS, Secretary of State. O H A P T E R 3 S . SCHOOL LANDS IN TAMA COUNTY. AN ACT to legalize the sale of certain School Lands in Tama County. SECTION 1. Be it enacted by the General Assembly of salesmade by the State of Iowa, That the sales of those parts of the L.S. Fredrick 16th section of the School Land in Tama County, made legalized by L. S. Fredrick, as School Fund Commissioner of said County, for the appraised value of the lands, and which were on the 16th day of December, 1858, declared null and void by the County Judge of said County, be and the same are hereby legalized and af. firmed. Provided, that the holders of any contracts for any of said lands, who shall, within ninety days from the taking effect of this Act, deliver the same to the Clerk of Contracts the District Court of said County to be canceled, shall may be can receive from said Clerk a full paid certificate for such º ... portion of said land as shall, at said contract price, ull paid cer- º & - f ificates issue amount to the sums paid on said contracts before such for the am't cancelation, to be selected by said Clerk as hereinafter paid. provided, upon which certificate a patent shall issue. In making Se- SEq. 2. That in making such selections the Clerk shall jº consult the wishes of the contract holders as well as the Contract interest of the School Fund, as to the size and location of holder may, the tracts to be selected, so far as the same can be equit- * *ably done; provided, said selections of land shalf be LAWS OF IOW.A. 39 approved by the Board of Supervisors of said County at its irst regular meeting thereafter. SEC. 3. That the holders of any of Said contracts, Cancellation who shall fail to present them for cancelation as above tº be nº provided, within ninety days from the taking effect yº ninety thereof, shall be deemed to acquiesce in said affirmation. SEC. 4. This Act being deemed of immediate im- portance shall take effect from and after its publication in the Weekly Iowa State Register, and Iowa Transcript (Toledo.) Approved March 17th, 1862. I hereby certify that the foregoing Act was published in the Weekly Iowa State Register April 2, 1862, and in the Iowa Transcript (To- ledo) April 3d, 1862. ELIJAH SELLS, Secretary of State. C H A P T E B 3 9 . LIFE INSURANCE COMPANIES. AN ACT in relation to Life Insurance Companies. SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That it shall be unlawful for any foreign Life incorporated Company or Association, partnership, firm Insurance or individual, or any member or agent or agents thereof, Companies or for any company or association incorporated by any ºr. other State than the State of Iowa, to transact any busi- ital." ness of Life Insurance in this State, unless such com- pany is possessed of an actual capital of $100,000 in value in cash or real estate or in bonds, in stocks or State stocks or United States stocks, or bonds and mortgages Secured upon real estate unincumbered, and worth double the amount for which the same is mortgaged. SEC. 2. The Act entitled “An Act in relation to In-Laws of 1857 surance Companies,” passed January 28th, A. D. 1857, i.", eX- so much thereof as has reference to Insurance Companiesiife insur. incorporated by any other State than the State of Iowa, ance, Compa- and not inconsistent with this Act, is hereby extended.". So as to include all Life Insurance Companies incorpora- §. "I ted by the laws of other States doing business within this State. SEC. 3. The second section of the Act entitled “An Act to amend an Act entitled an Act in relation to In- 40 LAWS OF HOW A. surance Companies,” approved January 28th, A. D. 1857, passed February 9th, A. D. 1858, shall not be so construed as to embrace Life Insurance Companies. º SEC. 4. The foregoing provisions of this Act shall Nº. not apply to Mutual Tife insurance Companies, but it is ance Compa-hereby enacted that no Mutual Life Insurance Company ny, incorpor, incorporated under the laws of any other State than the *"...; State of Iowa, shall be allowed to transact business within ... sº, this State, until such Company shall have first filed with shall be al-' the Auditor of this State a copy of their articles of incor. ºwn poration or of the act of incorporation, when incorpor ..".” ated by Statute under seal of said Company, signed by State until the President and Secretary thereof, and shall also have they have filed with said Auditor a written instrument signed by º: º of the President and Secretary thereof, duly sworn to and incorporation certifying that said Company is well worth in unincum. in the Audit-bered assets over and above all its liabilities, and ex- ºr's office emptions, the sum of One Hundred Thousand Dollars, and upon complying with the provisions of this Section, such companies shall be entitled to receive a certificate from the Auditor, with authority to transact business in this State. Approved March 17, 1862. C H A P T E R 4 (). RECORDER's OFFICE, LEE COUNTY. AN ACT to amend Section 1, Chapter 98 of the laws of the Sixth General Assembly, and to legalize the record of certain convey. ances in the Recorder's Office, at Fort Madison, in the County of Lee, and making the same evidence in legal proceedings. SECTION. 1. Be it enacted by the General Assembly of Amending , the State of Iowa, That Section 1 of Chapter 98 of the law º Laws of the Sixth General Assembly, being an Act en- .# i. titled an Act supplemental to an Act to establish a Re- keoknk. corder’s Office in the city of Keokuk, approved January 23d, 1857, be and the same is hereby amended by insert: ing the words “sixty-seven” in place of the figures “75” in the 10th line of the printed copies thereof, so that said part of said section shall read: “Township 67 north Range 4 west. São. 2. That the Records of all conveyances of LAWS OF IOW.A. 41 roperty situated in Township 67, North Range 4 west, Legalizing in Lee county, heretofore made in the Recorder's Office, recºrds made at Fort Madison, be and the same are hereby legalized."” and declared valid and shall be considered and deemed by all Courts of this State legal and effectual as though the same had been done in compliance with the provis- ions of law. SEC. 3. That the transcripts of Records and property Transcripts authenticated copies thereof made by virtue of said sec- of records, in tion 1 of said Chapter 98 of said laws of the Sixth Gen-º’.". eral Assembly, and retained in the Recorder's Office at Fort Midijn Fort Madison, shall be in all respects considered and may be used used as the original records of conveyances of which they as evidence. are copies, and shall be used as evidence in all ". ings in like manner as records of deeds and copies thereof are by law considered and used. Approved March 17th, 1862. C H A P T E R 4. 1 . M'GREGOR COURT. AN ACT to establish a Court at McGregor. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, There shall be and is hereby estab-City Court in lished in the Town of McGregor a Court to be denomi-McGregor. nated the Court of McGregor, which Court shall be a Court of record and have a Seal. The officers of said Court shall be a Judge and the Marshal of the Town of McGregor. Said Court shall hold its sessions for Civil Actions on the second Monday of each month, in some place in said town, to be provided by and at the expense of the Town Council of McGregor. SEC. 2. The Judge of said Court shall be elected at Judge shall the first annual election in McGregor for town officers, be elecºdew- and quadrennially thereafter, and shall hold his office ery 4 years. for four years, and until his successor is elected and qual- ified. He shall be a qualified elector of McGregor, and shall subscribe in writing the same oath required of Judges of the District Court, and file the same with the Recorder of McGregor, and shall be commissioned by the Governor of the State of Iowa, and at each election of Judge, the Mayor of McGregor shall transmit to the 42 LAWS OF HOWA. Commission- ed by the Governor. Judge shall be his own Clerk and re- ceive fees. Duties of Judge and Marshal. Jurisdiction of said Court. Jury may be had, Governor a Certificate of the election of said Judge whereupon the Governor shall issue to him a Commis. Sion empowering him to act as said Judge. SEO. 3. The Judge of said Court shall be his own Clerk, and as such shall perform the same duties as are required of the Clerk of the District Court, and shall re. ceive the same fees and compensation therefor. SEC. 4. The powers, duties and responsibilities of the Judge and Marshal of said Court shall correspond with, and be governed by the same rules and practice, and have the same authority as those of the Judge, Clerk and Sheriff in the District Courts of this State; and the authority of the process of said Court shall have the same extent as that of the District Court, and may be executed by the Marshal of McGregor, or the Sheriff of the county, who shall in each case receive the same fees and compensation as for like services in the District Court. SEC. 5. Said Court shall have jurisdiction of all suits brought for violations of the ordinances of the Town of McGregor, and shall have general jurisdiction concur. rent with that of the District Courts, in all Civil actions, either ordinary or equitable, in which the defendant re. sides in McGregor, or if a non-resident of the State, is found in McGregor; also in all cases of attachment and replevin when the defendant is not served with process, or in cases where suits are brought to recover possession of personal property, or to enforce a lien or mortgage, or when it relates to real property, such property or some part thereof must lie in McGregor, or some part of the personal property must be found therein. When by its terms a contract is to be performed in McGregor, suits may be brought in said Court if the plaintiff resides in McGregor; and appeals from Justices of the Peace of Mendon township may be taken to said Court. Said Court shall also have concurrent jurisdiction with Jus- tices of the Peace in all Criminal and Civil cases, and for the trial of Criminal cases shall be always open as in Justices’ courts. Appeals from said Court lie in Crimi- nal cases to the District Court of Clayton county; and in all Civil actions appeals lie directly to the Supreme Court of the State of Iowa. Said Court shall be entitled to the same fees and compensation in Criminal cases as Justices of the Peace and paid in like manner. SEo. 6. In order to provide Jurors for said Court in Civil actions, the Judge thereof may issue a special ve- nire in any case where a Jury is demanded, but no venire shall issue until the person demanding the same shall t LAWS OF IOW.A. 43 deposit with the Judge the fee said Jury shall, be enti- led to, to be paid said Jury and taxed with the costs; he Jury fee to be the same as in Justices Courts. SEC. 7. In case of the vacancy in the Office of said Vacancies Judge by death, resignation or otherwise, the Town filled by elec- Council of McGregor shall order an election to fill said “” vacancy giving at least ten days’ notice in Some newspa- per published in McGregor, of the time and place of holding said election, and the Mayor shall certify the selection of such successor to the Governor, who shall commission the person elected as Judge to fill such va- cancy during the unexpired term. SEC. 8. Tefore saidj udge enters upon the discharge Judge give of his duties, he shall give bond to the State of Iowa in bond. the sum of Two Thousand Dollars for the faithful per- formance of his duties, which bond must be approved by the Town Council of McGregor, and deposited with the Recorder of said town. SEC. 9. ... At the first election of Judge of said Court, Prosecuting and annually thereafter, the electors of McGregor shall Attorney elect a Prosecuting Attorney, whose duty it shall be toº.” file complaints in Criminal cases and prosecute the case. in the name of the State of Iowa ; and also in behalf of the Town of McGregor, who shall receive for his servi- ces such fees as the Town Council of McGregor shall from time to time allow, and the Mayor and Council ºthereof shall make all needful allowance for fuel, sta- tionery and lights for said Court. SEC. 10. fudgments in said Court shall be a lien on Judgments Real Estate in McGregor the same as in the District shalfbe alien Court, and may be made liens in other counties in the same manner as judgments in the District Courts, and it shall be the duty of the Judge of said Court after each term thereof, to file in the office of the Clerk of the District Court of Clayton county, an abstract of the causes decided at said term, giving the names of the plaintiff and defendant, and the amount of the judgment in each case, and from the filing of said abstract, said judgment shall be a lien on any of the real property of defendant lying in Clayton county. SEC. 11. This Act being deemed of immediate im- portance, shall be and remain in force from and [after] T its publication in the Iowa Daily State Register and the Des Moines Daily Times, published at Des Moines, pro- ake effect. 44 LAWS OF IOW.A. vided such publication be without expense to the State of Iowa. Approved March 18, 1862. 1 hereby certify that the foregoing Act was published in the Iowa Daily State Register, and Daily Des Moines Times, March 19th, 1862. ELIJAH SELLS, Secretary of State. C. H. A P T E R 4. 2 . CHARLEs A. PERRY's ACTS LEGALIZED. AN ACT to legalize the Acts of Charles A. Perry alias Richard J. Thornton, as Notary Public, in and for Buchanan county, Iowa. p e SECTION 1. Be it enacted by the General Assembly of ºl. the State of Iowa, That, whereas, on the 29th day of i º§. November, 1855, the Governor of the State of Iowa did A. Perry, un- commission one Richard J. Thornton as Notary Public, der the as in and for Buchanan county, Iowa; and, whereas, said .*.*, Richard J. Thornton has since proved to be a fictitious Thornton, as name, and the real name of the person so commissioned Notary Pub- was Charles A. Perry. Therefore be it enacted that all lic. Acts done by the said Charles A. Perry as Notary Pub. lic, under the name of Richard J. Thornton, be and the same are hereby legalized and declared as valid and binding as though the said Charles A. Perry had been acting under his real name, and not under an assumed Il 8,016. This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 19th day of March, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 4 3. RELIEF OF WILLIS CLEMENS AND OTHERS. AN ACT for the relief of Willis Clemens, Aurora Clemens and A. C. Price. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Willis Clemens, Aurora Clem: LAWS OF IOW.A. 45 ens, and A. C. Price, be released from all liability on a Release upon certain recognizance entered into by them in July 1856, recognizance. before W. H. Keith, a justice of the Peace in and for Keokuk county, Iowa, for the appearance of Willis Clemens at the next term of the District Court of said county, and on which recognizance a judgment was ren- dered on the 27th day of November A. j}. 1858, in said District Court; and the District Attorney of the 6th Judicial District of the State of Iowa, is hereby author- ized to enter satisfaction in full of said judgment, provi- ded the costs thereon shall first have been paid. SEC. 2. This Act being deemed of immediate impor- tance, shall take effect and be in force from and after its publication in the Daily State Register and Des Moines Times. This Bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 19th day of March, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Daily Register March 21st, 1862, and in the Des Moines Times, March 29th, 1862. ELIJAH SELLS, Secretary of State. C. H. A P T E R 4. 4. . BROWN AND ALLENDER. AN ACT to provide for a full settlement of all claims, rights and liabilities between the State of Iowa and James A. Brown and George C. Allender. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That from and after the acceptance Release to of the warrants provided for under this Act, by Jas. A. º Brown and George C. Allender, of Van Buren County, * Iowa, the entire interest of the State in any lands on the north or Bentonsport side of the Des Moines river in said County, held or owned by the State for the purpose of keeping up a water power at that place, be and the Same is hereby released unto the said James A. Brown, his heirs and assigns; and the entire interest of the State in any lands on the south or Vernon side of said river at the same place held or owned by the State for the pur- 46 LAWS OF IOW.A. pose of keeping up a water power at that place, be and the same is hereby released unto the said George C. Al- lender and his heirs and assigns. SEC. 2. That from and after the acceptance of the warrants provided for under this Act, the said State shall and does hereby release unto the said Brown and Allen- der the entire interest in the dam and water power now held by said State across said river at said point whether the same is now leased by said State to the said Brown and Allender, or any other person or persons, and all interest thereto not leased. SEC. 3. The said Brown and Allender, their heirs 5. *". and assigns, shall be and are hereby required to keep in i.e. in eir repair the lock on the dam now built across said river at by Brown the point aforesaid, and keep the same in the same con- and Allender dition for the passage of boats as now provided for by law, or by any decree of court, or by any lease or leases now held by any person or persons from the State or any authorized agent thereof, and shall receive the same toll therefor as is now or may hereafter be provided for by law, from boats passing through said lock, and shall, after the first day of September next, be liable to any person injured by delay or damage caused to any boat by rea- son of their failure to comply with the provisions of this Act, and shall, in every respect, take the place of the State in keeping up the said dam and lock. Reasonable SEC. 4. In case any serious breakage shall hereafter time given occur in said lock or dam, the said Brown and Allender, **P* their heirs and assigns, shall not be held liable for any damage that may occur, until they shall have had a rea- sonable time for the replacing or repairing of the same, but they are required to keep the said lock and dam in as good condition as now required as aforesaid, and in case they shall fail to comply with any of the provisions or requirements of this Act to be by them performed, the General Assembly of the State of Iowa shall have the power by law to resume any interest herein released, and to provide for the removal of the said dam and lock, or keep the same in repair as may be deemed expedient without the intervention of a court, and without a claim against said State for damages. Materials re. SEG. 5. The said State of Iowa hereby releases to the leased to said Brown and Allender any interest now held by said Brown and State in any materials now on hand at Farmington and * Iowaville and undisposed of, prepared for the improve- ment of the navigation of said Des Moines river, so far as may be required to repair, and to keep in repair, said dam and locks. LAWS OF IOW.A. 47 SEC. 6. Upon the acceptance of the said warrants They release the lease to the said Brown is canceled, and the decree all claims of the court in favor of said Allender is satisfied, and all.” the claims of every kind, by lease, decree, deed, on account, or otherwise that the said Brown and Allender or either of them have had or may have had, or may have against said State are fully satisfied. SEC. 7. The said Brown and Allender shall have the *::: ICCOWer right to sue for and recover rent under any lease now held by said State, and any portion of said water power, and shall be required to comply with all the requirements of any such lease now outstanding between said State and any third party, the same as if the lease was made between said party and the said Brown and Allender. SEC. 8. There is hereby appropriated out of any $30,142.63ap. moneys in the Treasury of the State, not otherwise ap-propriated to propriated, the sum of thirty thousand one hundred and º *º forty-two dollars and sixty-three cents, and the Auditor *** of State is hereby required to draw warrants therefor upon the written application of the said Brown and Al- lender to the said Brown and Allender, one half to be payable in six months and the balance in equal parts in one and two years thereafter, with interest at the rate of six per cent.; and the taking and accepting of said war- rants, or any part thereof, by the said Brown and Allen- der, shall be by them an assent to all the provisions of this bill in every particular, and shall bind them to per- form all the requirements of the same, and shall author- ize the General Assembly to resume the rights hereby granted or released, without reviving any of the rights of said Brown and Allender, as hereinbefore fully pro- vided. SEq. 9. The said Brown and Allender, before they prown and or either of them shall be entitled to any warrant for Alienierº any money appropriated by this Act, shall procure and file release of file in the office of the Secretary of State, a release to sºry P* the State of Iowa, by George Green, Willis N. Bragg,” James Green, and Green, Bragg & Co., of all liabilities, demands or claims, which the said parties or either of them may hereafter have against the State of Iowa, un- der any contract or lease or sub-lease with the State of Iowa, or Brown and Allender, or other parties for the use of said water-power, and the said dam, hereinbefore referred to, at Bentonsport or Vernon on said Des Moines river; said release to be approved by the Attorney Gen- eral of the State. SEo. 10. The written application for said warrants hall specify the amount of warrants that shall be issued 48 LAWS OF IOW.A. Written ap- in the name of Allender, and the amount of warrants in plications for the name of Brown, and a copy thereof filed with the Warrants, 50,000 acres of land not released. Appropria- ting $10,000 to complete building. Secretary of State: and such application shall be made within thirty days from the time of the taking effect of this act, and any act conflicting here with is hereby re- pealed. SEC. 11. That nothing herein contained shall be con. strued as a release or relinquishment of any interest or claim of the State upon the fifty thousand acres of land above the Raccoon Fork of said River, which have here. tofore been reserved and set apart for the payment of the debts of the Des Moines River inprovement which were assumed by the State, and the State shall have the right to reimburse itself therefrom for the payment herein made, in the event of the State acquiring the title to such lands. - SEc. 12. This Act being deemed of immediate impor. tance shall take effect and be in force from and after its publication in the Daily State Register and Des Moines Daily Times, papers published in the City of Des Moines Iowa, anything in the laws of Iowa to the contrary not- withstanding. Approved March 20th, 1862. I hereby certify that the foregoing Act was published in the Daily Iowa State Register and Des Moines Daily Times, March 22nd, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 4 5 . BLIND ASYLUM AT WINTON. AN ACT making further Appropriations for completing the Blind Asylum at Winton. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That there is hereby appropriated out of any money in the State Treasury not otherwise ap- propriated, the sum of ten thousand dollars, to complete the Blind Asylum at Vinton, in compliance with a con: tract entered into by the Commissioner of said Blind Asylum, approved by the Governor, with Messrs. Fink- bine & Lovelace, of Iowa City, according to the provi- sions of section five, Chap. 144 of the laws of the 8th General Assembly. LAWS OF IOWA. 49 ! SEC. 2. The Auditor of State shall issue a warrant Warrants to or warrants upon the State Treasurer for the payment of be issued. said appropriation in Section one of this Act, upon the order of the Commissioner of said Blind Asylum, upon his estimate, approved by the Census Board; provided that warrants shall only be issued monthly as the work progresses, and in sums not to exceed two thousand dollars. SEC. 2. This Act shall take effect and be in force from and after its publication in the Daily State Reg- £ister and Des Moines Daily Times. Approved March 20, 1862. I hereby certify that the foregoing Act was published in the Des Moines Daily Times and Daily State Register, March 23d, 1862. ELIJAH SELLS, Secretary of State. :--: C EI A P T E R 4. 6. SUPPLIES FOR CEIA RITABLE INSTITUTIONS. AN ACT regulating the purchase of supplies for the use of Charita- ble Institutions belonging to the State of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Superintendent of the Iowa Supplies for Hospital for the Insane; the Principal of the Asylum for the charitable the É. and the Principal of the Institution for the nº Education of the Deaf and Dumb, shall purchase all * ; articles of food, clothing, fuel and other necessary Sup-tract. ; plies for the use of their respective Institutions, by con- : tract, in the same manner, and with the same instruc- tions and powers as now provided for purchasing such articles by the Warden of the Iowa Penitentiary, in Sections 5145, 5146, 5147, 5148, 5149 and 5160 of the Re- vision of 1860, provided that the publication of bids shall be in any newspaper published at the place where such institution may be located, and provided that the Prin- cipal, Steward, and one Trustee, shall perform the duties of inspectors. Approved March 20, 1862. 7 50 LAWS OF IOW.A. O H. A. P T E R 47. SUPPRESSION OF INTEMPERANCE. AN ACT Supplementary to an Act entitled an Act for the suppres. sion of intemperance passed January 22d, 1855, and the Act enti. tled an Act Supplementary and amendatory to an Act entitled an Act for the Suppression of intemperance, passed January 28, 1857. SECTION 1. Be it enacted by the General Assembly of Any person the State of Iowa, That any person or persons who shall causing an: by the manufacture or sale of intoxicating liquors, con. other person trary to the provisions of the Act entitled an Act for the t;O º in suppression of intemperance, passed January 22d, 1855, ...able or under the Act entitled an Act supplementary and for the care of amendatory to an Act entitled an Act for the suppres. the drunkard, sion of intemperance, passed January 28th, 1857, cause the intoxication of any other person, such person or per- Sons shall be liable for and compelled to pay a reasona. ble compensation to any person or persons who may take charge of and provide for such intoxicated person or per. sons, and one dollar per day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxication, which sums may be recovered in a civil action before any court having jurisdiction thereof. Persons in- SEC, 2. That every wife, child, parent, guardian, jured by the employer or other person who shall be injured in person . or property, or means of support, by any intoxicated per- ..". son, or in consequence of the intoxication, habitual or a right of ac- otherwise, of any person, such wife, child, parent, guar. tion #. d dian, or other person shall have a right of action, in his '..." or her own name, against any person or persons who shall by selling intoxicating liquors as in this Act set forth, cause the intoxication of such person, for all dam- ages actually sustained as well as exemplary damages; and a married woman shall have the same right to bring suits, prosecute and control the same and the amount recovered, the same as if a feme sole; and all damages recovered by a minor under this Act, shall be paid either to such minor, or his or her parent, guardian or next friend, as the court shall direct, and all suits for damages under this Act shall be by civil action in any of the courts of this State having jurisdiction thereof. SEC. 3. That for all fines and costs assessed, or judg: Property liº ments rendered of any kind against any person or per- º: * sons for any violation of the provisions of this Act or the Acts to which this Act is supplementary, the personal and real property (except the homestead as now provided | LA WS OF IOW.A. #by law) of such person or persons as well as the premi- ises and property, personal or real, occupied and used for #that purpose with the consent or knowledge of the owner ithereof or his agent by the person or persons manufac- turing or selling intoxicating liquors contrary to the pro- visions of this Act, or the Acts to which this Act is sup- plemental shall be liable for the payment thereof, and all such fines, costs or judgments shall be a lien on such real estate until paid ; and where any person or persons severally liable for all civil damages, costs and judgments that may be adjudged against the principal in any civil action, authorized to be brought against him for any vio- ilation of the provisions of this Act, or the Act to which this Act is supplemental; Provided, there shall be ex- empt such personal effects as may be necessary for the support of the family of defendent for six months to be determined by the Township Trustees. SEC. 4. That all Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved, March 20th, 1862. C H A P T E R 4 8 . PENITENTIARY PEIYSICIAN. i AN ACT to define the duties of the Physician of the Penitentiary, ; and to fix his salary. SECTION 1. Be it enacted by the General Assembly of isician of the Penitentiary to visit the prison once every ; day, and oftener if necessary ; examine personally all sick or complaining prisoners reported to him, and pre- scribe such treatment as in his judgment their cases re- quire. ; name of the patient, the age, occupation, symptoms, : disease and treatment. reception, and make a record of his condition, as to age, SEC. 3. He shall examine every prisoner upon his Examine prisoner upon who are required by Sections 1575 and 1576 of the Revi-security on sion of 1860, to give a bond with sureties, the principal bonds liable and sureties in the bond mentioned, shall be jointly and for damages. i the State of Iowa, That it shall be the duty of the phy. P." "Yº sician. ; , SEC. 2. He shall keep a book to be called the Hos-Shall, keep a #pital Record, in which he shall accurately record the ºp” “ Constitution, habits, health, ability or disability. his reception. SEC. 4. When a prisoner dies, the Physician may 52 LAWS OF IOW.A. Post mortem have the privilege of a post mortem examination, unles examination objection be made by the relatives of such patient, and . º shall record the result of it making reference in the pon deceas º 85 ed prisoners. record of treatment. SEC. 5. He shall have power and authority to pur. Purchase ... chase by concurrence with and assent of the Warden, *...* Such medicines and other things, as in his judgment are finish.” necessary for the use of the Hospital, and furnish the bills to the Clerk immediately with the bills of purchase, who shall Clerk. compare them with the articles received. conform to *". He shall, when visiting the prison, strictly ...'. ... conform to the Rules and Regulations thereof; he shal the Peniten express no opinion of the ability or disability of a pris tiary. oner except in his record which shall be authority. Physician SEG. T. He shall be a graduate of some regularly es ... tablished Medical College, and must be possessed of sur. graduate. gical instruments sufficient to perform any surgical ope, ration liable to be required. - SEC. 8. He shall receive his appointment from the tº wº with the concurrence ..". Governor of the tate. SEO. 9. There shall be a Steward nominated by him, Steward to be who shall receive his appointment from the Warden, º and whose duty it shall be to dispense the medicine pre: jºned scribed by the Physician, and to do all other things icine and act necessary to carry out the treatment as directed. He hº shall act as guard or keeper of the prisoners in the * Hospital, and shall receive the same wages as other day guards or keepers, and be subject to the same Rules and Ičegulations. SEC. 10. The salary of the Physician and Surgeon Salary of shall be three hundred and sixty-five dollars per annum, * provided, that after the number of prisoners exceeds one hundred and fifty, he shall receive an additional sum of fifty dollars for every additional fifty prisoners in the institution. Approved March 20th, 1862. C H A P T E R 4. 9. COUNTY SEATS. AN ACT to amend an Act eng. “An Act in relation to County €atS. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That whenever the citizens of any LAWS OF IOW.A. - 53 § ºrganized County desire a re-location of their County May petition #Seat, they may petition their Board of Supervisors re-fºr re-loca- specting the same. ... º tion. # SEC. 2. Such petition shall designate the place at Petition must #which the petitioners desire to have the County Seat re-designate the flocated, and shall be signed by none but legal voters of place tº ăsaid County, provided that such vote for the said re-lo- * cation shall not take place in any County oftener than . fººd. once in every three years. SEC. 3. Such petition may be presented at any regu-Presentation lar session of the Board of Supervisors, and shall be agº character companied by the affidavits of credible witnesses suffi-* * ſcient to satisfy said Board that the signers are all legal # voters of said County, and that the signatures on said # petition are all genuine, SEC. 4. Upon petitions certified as required in Sec Majority of ºtion three of this Act being presented at any regular the Vºters pe. session of the Board of Supervisors, signed by at least” one-half of all the legal voters in said County, as shown ; by the last preceding census, asking for a re-location of the County Seat at any one place therein named, said Board of Supervisors shall order that at the next gen-The Board of i eral election holden thereafter, a vote shall be taken be-àº. .. & º • , º shall order tween said designated place and the existing County that at the * Seat, and shall require a constable of each township in next general ; the County to post notices of such order in three public lºº - © º ë ... question shall # places in such township at least fifty days before said . . election, and shall also publish a notice of such election ed. ; in some newspaper, if there be one published in the County, four consecutive weeks, which last publication shall be at least twenty days before said election. ; SEC. 5. Twenty days notice of the presentation of Notice shall # any petition provided by this Act, shall be made by one be given of ; insertion in a weekly newspaper, if there be one printed the presenta- in the County; if no paper be therein printed, by post- Hºſ a pe- ing the same in every township in the County, one of º which shall be on the door of the Court House in said County. SEC. 6. The ballot shall designate that it was cast for the County Seat and name the place voted for. SEC. 7. Such elections shall be conducted as elections Election how for County officers. conducted. Sec. 8. If the point designated in the petition obtain County Seat a majority of all the votes cast, the Board of Supervi-remºved to sors shall make a record thereof, and declare the same to the place re- be the County Seat of said County, and shall remove the ...". records and documents thereto as early as practicable greatest vote. thereafter. 54 LAWS OF IOW.A. People may SEC. 9. Nothing in this Act shall be so construed as remonstrate to prevent the people of a County who are opposed to a re-location of a County Seat remonstrating againstit, and if a greater number of legal voters in the said County re. monstrate against said re-location than petition for it, the election shall not be ordered by said Board of Supervi. sors, and if the same persons petition and remonstrate, they shall only be counted on the remonstrance, and such remonstrance shall only be signed by legal vot. ers of the County, and be accompanied by affidavits in the same manner, and to the same effect as the petition for a re-location as required by Section three of this Act. Conflicting SEO. 10. That Article two of Section twenty-one of acts repealed, the Revision of 1860, and all Acts and parts of Acts heretofore enacted, and which are inconsistent with this Act are hereby repealed. Approved March 20th, 1862. C H A P T E R 5 () . RELIEF OF REUBEN H. W.E.BSTER. AN ACT for the relief of Reuben H. Webster and others, and re- lating to the plat of the Town of Marshall. WHEREAs, John Childs being the owner in fee of the south-east quarter of the south-west quarter, and the south-west quarter of the south-east quarter of section twenty-six in Township eighty-four north, in Range eighteen west, in Marshall County, Iowa, did on the 4 15th of August, A. D. 1853, survey and plat the south half of said lands, thus laying out and forming part of the original Town of Marshall in said county; and WHEREAs the map containing the plat of said Town, included the north half of said tracts of land, which was erroneously marked on said map, and recorded as “Common,” whilst it was not the intention of said Childs to dedicate said lands as a common to the public, but the same was subsequently sold by said Childs to Reuben H. Webster, and by him in part laid out as an addition to the Town of Marshall aforesaid, and is known as “North Marshall,” and lots therein have been sold to divers persons, who have improved the same and now reside thereon, and LAWS OF IOWA. 55 WHEREAs the title of said Webster and his assigns is by reason of the said error in the map and plat in some degree clouded and rendered liable to be called in question, now, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Recorder of the County Webster's ti. of Marshall is hereby authorized and required to write le to said upon the map containing the plat of the town of Mar- #y shall, in the records of the County, the words following: its having “The entry of the word ‘Common’ on this map was an been record- error,” which shall be written near the word “common” ...,"* on that part of the map representing the unsurveyed “” land on the north side of the town. SEC. 2. The plat of the said town of Marshall and of North Marshall shall hereafter be held and construed to mean the same as if the said word “Common '' were not written on the said map. And the said Webster, his heirs and assigns shall hereafter hold their title to said land and any part thereof free and clear from any effect arising henceforth from the entry of the said word ‘Common " on the said map; and said title shall be held and considered as if said word had not been so written, securing any rights which may have hitherto arisen in consequence thereof. SEC. 3. This Act shall take effect from its publication in the Marshall County Times and the Iowa State Reg- ister, provided the same be published without expense to the State. This bill having remained with the Governor three days (Sundays excepted) the General Assembly being in session, has become a law this 21st day of March, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing was published in the Iowa State Register March 22, 1862. ELIJAH SELLS, Secretary of State. C H A P T E H 5 1. HEDGING. AN ACT to amend Section 906 of the Revision of 1860, and for the encouragement of hedging. SECTION 1. Be it enacted by the General Assembly 56 LAWS OF IOW.A . Persons of the State of Iowa, That where any owner or occupant building of land adjoining and abutting upon any road or high- . "...it way may desire to plant a hedge upon the line of any fence into the road, he shall be allowed to build or remove his fence road or high-upon such road or highway : provided, he shall not build }.º: * or remove his fence more than five feet within the outer ” line of said road, and said fence may be removed and so built on both sides of all roads of fifty feet or more in width at the same time. Such owner or occupant shall not be allowed to occupy such highway as aforesaid for more than ten years, and not more than one year before such hedge shall be planted, and at the expiration of such time he shall remove such fence upon the order of ºpenior of the District where such road is situ- ated. SEC. 2. Section 906 of the Revision of 1860 be and the same is hereby repealed. Approved March 21st, 1862. C EL A. P T E R 5 2. SHERIFF's FEES. AN ACT to regulate the fees of Sheriffs for taking convicts to the Penitentiary. SECTION 1. Be it enacted by the General Assembly of Sheriff, to be the State of Iowa, That after this Act shall take effect, º for conveying a convict to the Penitentiary of this State, convict § the the Sheriff shall be allowed as a full compensation for Penitentiary, his services and the expenses attendant thereon, mileage at the rate of sixteen cents per mile, going to and return- ing from said Penitentiary, to be computed from the county seat in which the conviction took place, by the most direct route of travel, and in case more than one convict must be conducted to the Penitentiary, at the same time, he shall be allowed five cents per mile, to be computed as hereinbefore provided, for every additional convict, to be audited as other claims, and paid out of the County Treasury. Approved March 21st, 1862. LAWS OF IOW.A. 57 C H A P T E R 5 3. PRAIRIE FIRES. AN ACT to prevent the spreading of fires on the Prairies and in the timber in certain seasons of the year. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That if any person set fire to and . for 6 tº sº g fire burn, or cause to be burned, any prairie or timber land, to get out be. allowing such fire to escape from his control, between tween the 1st the first day of September in any year, and the first day : jº, of May following, he shall be deemed guilty of a misde: M. meanor, and upon conviction thereof shall be punished by imprisonment in the County Jail not more than thirty days, or by fine not exceeding one hundred dollars. SEC. 2. Nothing contained in this Act shall be con- strued to conflict with Section 4231 of the Revision of 1860. Approved March 21st, 1862. -*- C H. A. P. T. E. R. 5 4. DISABILITY TO HOLD OFFICE. AN ACT to amend Section six hundred and sixty-two (662) of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section six hundred and sixty- two (662) of the Revision of 1860, be amended by ad- ding thereto the following, viz: 10. The acceptance of a commission to any military office, either in the Militia of this State, or in the volun- teer service of the United States, which requires the in- Cumbent in the civil office to exercise his military duties out of the State for a period not less than sixty days. SEo. 2. This Act being deemed of immediate import- ance shall be in force and take effect from and after its publication in the State Register, and Des Moines Daily Times. Approved March 22d, 1862. I hereby certify that the foregoing Act was published in the Des Moines Daily Times, March 25th, 1862, and in the State Register, April 2d, 1862. ELIJAH SELLS, Secretary of State. 8 58 LAWS OF Iowa. C H A P T E R 5 5. 500,000 ACRE GRANT. AN ACT to authorize the Governor to settle the excess over 500,000 acres of land Selected by the State of Iowa under the 8th section of the Act of Congress approved September 4th, 1841, entitled an Act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights, and to re-convey the unsold excess of such lands to the United States. SECTION 1. Be it enacted by the General Assembly of Authorizing the State of Iowa, That the Governor of the State is the Gºvernor hereby authorized and empowered to settle and adjust *: .. with the proper department of the General Government ces of land the quantity of land to which the State of Iowa is en- with the gen-titled under the provisions of the 8th section of the Act ... º.º. of Congress approved September 4th, 1841, entitled “An ment, and to A. 8-) •; * º d t * ... i. Act to appropriate the proceeds of the sales of the public the general lands and to grant pre-emption rights.” And that he is government further authorized and empowered, in the name of the State of Iowa, to execute and affix the seal of the State to proper Letters Patent, re-conveying to the United States the excess of land certified by the General Gov- ernment to the State of Iowa, under the provisions of said Act of Congress, which have not been sold by the State of Iowa. SEC. 2. That said Governor is further authorized and §: empowered to settle and adjust with the proper Depart- j stipulate ment of the General Government for the conveyance by for the pay-, said General Government to this State of all the lands nºn.of said sold by this State that were certified to the State under (2XCCSS, the provisions of said Act of Congress, which were in excess of the quantity of land granted to the State by said act of Congress, and stipulate for the payment of the amount of money to which the General Government may be entitled for the same. Approved March 22d, 1862. O H. A. P T E R 5 6 . STATE LAND OFFICE. AN ACT further defining the duties of the Register of the State Land Office. Section 1. Be it enacted by the General Assembly of LAWS OF IOW.A. 59 the State of Iowa, That the Register of the State Land Register re- Office is hereby authorized, empowered and required to quired to cor- correct all errors and discrepancies in the descriptions of “* * tracts of lands conveyed by the State to any parties found upon the records in said office, upon proper evidence that such errors exist. SEC. 2. That said Register be required to attach a Attach mar- marginal note to each conveyance, briefly setting forth #. ** the error to be corrected, and the reason for such correc-j tº tion, and record the same with the original deed attach- ing his name and the date of correction. SEC. 3. That such correction when made in accord-Effect of cor- ance with the foregoing provisions, shall have all the rection. force and effect in law as a deed made out originally COrrect. SEC. 4. All laws conflicting with this Act are hereby repealed. Approved March 22, 1862. C H A P T E R 5 7. LEGALIZING ACTS OF E. A. ALEXANDER. AN ACT to legalize the acts of E. A. Alexander, Notary Public. WHEREAs on the 15th day of April, A. D. 1861, E. A. Alexander, of Buchanan County, Iowa, was appointed by Samuel J. Kirkwood, Governor of the State of Iowa, Notary Public, in and for Buchanan County, and WHEREAs Section 207, Chapter 16 of the Revision of 1860, requires that the Commission issued to the Notary shall be recorded by the Recorder of Deeds for his County, and WHEREAs by accident the Commission of said Alex- ander was not recorded until the twenty-second day of February, A. D. 1862, while in all other respects the requirements of the law were fully complied with, and WHEREAs the said Alexander has performed several official acts as Notary, prior to the record of his commis- sion, now therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That each and every act of the said ſºlºing E. A. Alexander, a Notary Public, shall have the same Nº. º force and effect, in law and equity, as if the law in Sec. lender. 60 LAWS OF IOW.A. Recorder shall index records of Appanoose county for Which he 207 of the Revision of 1860, had been fully complied with in all respects. SEC. 2. That this Act shall be in force from and after its publication once in the Buchanan County Guardian and Daily State Register, without expense to the State. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in session, has become a law, this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was duly published in the Daily State Register March 29th, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 5 8 . INDEX RECORDS OF APPANOOSE COUNTY. AN ACT to authorize the Recorder of Appanoose County to re-index the Records of Real Estate Mortgages in said County. SECTION 1. Be it enacted by the General Assembly of of the State of Iowa, That the Recorder of Appanoose County be, and he is hereby authorized to index the real estate mortgages of Said county. SEC. 2. That the Board of Supervisors of said county shall be paid shall furnish suitable blank books for the purpose con- out of the County Treasury. templated in the first section of this Act. SEC. 3. That the said Recorder shall receive a rea- sonable compensation for indexing said records, to be audited by the Board of Supervisors of said county, and paid out of the County Treasury of Appanoose county. SEo. 4. This Act being deemed of immediate impor- tance shall take effect and be in force from and after its publication in the Des Moines Times and Appanoose Chieftain, provided, that such publication shall not be at the expense of the State. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in Session, has become a law, this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Des Moines Times, April 5th, 1862. ELIJAH SELLS, Secretary of State. LAWS OF IOW.A. 61 C E A P T E R 5 9 . NOTARIAL AOTS OF G. C. WRIGHT LEGALIZED, AN ACT to legalize the acts of G. C. Wright, a Notary Public of Bremer County, Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the official acts of G. C. Wright, a Notary Public appointed for Bremer County, Iowa, be and the same are hereby declared as legal and binding both in law and equity, as though said G. C. Wright had recorded his commission and filed his bond as required by law. SEC. 2. This Act being deemed of immediate impor- tance, by the General Assembly shall take effect and be in force from and after its publication in the Iowa State Register, and the Fayette County Pioneer, without expense to the State. This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Iowa State Register, April 2d, 1862. ELIJAH SELLS, Secretary of State. O H. A P T E R 6 (). ESCHEAT. AN ACT for the removal of an Escheat. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all claims of the State of Iowa in and to the following described lands in Scott county, Iowa, to wit: The south-west quarter of Section number nine, (9) in Township number seventy-nine, (79) north of Range number four, east of the 5th Principal Meri- dian, by reason of any supposed escheat in consequence of the alienage of Theodore Effey, deceased, or of the person or persons who but for such alienage would be entitled to inherit said lands as the heir or heirs of said State relin- quishes all claims. 62 LAWS OF IOW.A. Theodore Effey, be and the same are hereby released and relinquished. Estate shall SEC. 2. Be it further enacted, That all the estate descend to and interest of Theodore Effey in and to said lands, shall, the heirs ºf , subject to all lawful claims, descend to and be vested in iºn the person or persons who would have taken said lands though they by inheritance, if both the said person or persons and were citizens said Theodore Effey were native born citizens of the sº * United States and of this State; Provided, said Theo. - dore Effey is deceased intestate. SEC. 3. This Act being deemed of immediate im- portance, shall take effect from and after its publication in the Davenport Daily Gazette and the Des Moines Times, provided said publication be made without ex- pense to the State. Take effect. This Bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 26th day of March, 1862, ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Des Moines Times April 12th, 1862, and in the Iowa State Register April 22d, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 61. PLANK ROADS. AN ACT in relation to Plank Roads and conferring certain powers upon County Boards of Supervisors. SECTION 1. Be it enacted by the General Assembly of Board of Su- the State of Iowa, That the several County Boards of pervisºrs to Supervisors of this State shall have the supervision of ºl.” any and all Plank Roads, which have been, or may here. Roads. after be constructed within their respective Counties un- der any license granted under the provisions of Chapter 54 of the Revision of 1860, and it is hereby made the duty of such Board of Supervisors at each meeting to inquire and ascertain the condition of any plank road within the County, and if the same is found not to be in good condition, to proceed to have it repaired or vacated as required in the next section. SEo. 2. If it be ascertained by such Board of Super- LAWS OF IOW.A. 63 visors, that any such plank road is not in good condition When the and repair, it shall be the duty of the Board to notify the Plank Roads person, corporation or company, owning or having post.* . ºp session of such plank road by notice in writing, signed ºff by the by the Chairman and Clerk of the Board, notifying such corporation person, company, or corporation to put such road in com- ºr. lete repair and in good condition within a certain time je.* (which shall be a reasonable time) to be fixed by said therefor be Board and stated in said notice, and that on failure to revoked, and make such repairs and put such road in good condition, º 8. the license therefor will be revoked, and such plank road Hublic Road. vacated and opened for travel to the public free of charge. SEC. 3. If after receiving such notice, the owner or proprietor of any such plank road shall fail to make the necessary repairs and to place such plank road in good condition as required, the said Board of Supervisors may revoke the license under which such plank road has been established and constructed, and may order that such road be opened up to travel free of charge, and that it be kept in repair thereafter as other roads. SEC. 4. When an order is made as provided in the The owner of preceding section, the Board of Supervisors shall cause: Rºll the owner or proprietor of such road to be notified by ...". written notice, of the fact that such order has been made. tice. SEo. 5. In case such owner or proprietor shall fail or refuse to comply with such order, and shall continue If the owner to demand toll of persons traveling over such plank *::::: road, it shall be the duty of the Board of Supervisors to to coliº ºil order suit to be brought, in the name of the County, in after said the District Court to enforce such order, and to require º º such owner or proprietor to open such road for travel. iº. free of charge, and the District Court upon being satis- the District fied that such owner or proprietor has failed to keep the Court. road in repair, and to comply with the orders of the Board of Supervisors, as hereinbefore provided, shall is- sue an order commanding the opening of such plank road to the public for travel free of charge, and shall en- force such order by the proper writ; and such Court may, if necessary, enjoin any or all persons from col- lecting any toll upon such road. SEo. 6. No person shall be liable to pay any toll for traveling on such road, after an order of the Board of County Supervisors, revoking the license of such road and declaring it free of travel. This bill having remained with the Governor three days, (Sunday excepted,) the General Assembly being in session, has become a law this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. 64 LAWS OF IOW.A. C H A P T E R 6 2. NOTARIAL ACTS OF WIM. H. MANNING LEGALIZED. AN ACT to legalize the acts of William H. Manning, a Notary Public of Van Buren County, Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa . That the official acts of William H. Manning, a Notary Public of Van Buren County, be and the same are hereby declared as legal and binding, both in law and equity, as though said Wm. H. Man- ning had recorded his commission and filed his bond as required by law. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in Session, has become a law this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 6 3. NOTARIAL ACTS OF EDWARD T. EDGINGTON LEGALIZED. AN ACT to legalize the official acts of Edward T. Edgington, a No- tary Public, of Lucas County. WHEREAs the commission of Edward T. Edgington, a Notary Public, of Lucas County, expired in July, 1861, and WHEREAs the said Edward T. Edgington, performed official acts as Notary Public after the time his com- mission expired as aforesaid, in good faith, not knowing his commission had expired, therefore, SEOTION 1. Be it enacted by the General Assembly of the State of Iowa, That all of the official acts of the said Edward T. Edgington, by him performed as a No- tary Public, after the expiration of his commission as aforesaid, be and the same are hereby legalized. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in Session, has become a law, this 26th day of March, 1862. - ELIJAH SELLS, Secretary of State. LAWS OF IOWA. 65 C H A P T E R 64. GROVE CITY LEGALIZED. AN ACT to legalize the laying out of the Town of Grove City, in Cass County, Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the acts of David A. Barnett, Albert Wakefield, John R. Kirk, A. G. McQuinn, Addi- son P. Thayer, W. M. Conrad, John P. Wheeler, and E. W. Davenport in laying out the town of Grove City, in the County of Cass, in this State, be and the same are hereby legalized. SEC. 2. That the plat of the said town on file in the Recorder’s Office in Cass County, or a certified copy thereof, may be introduced as evidence, the same as if it had been laid out, acknowledged and recorded as pro- vided in Chapter 50 of the Revision of 1860. This bill having remained with the Governor three days (Sunday excepted), the General Assembly being in Session, has become a law, this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. O H. A. P T E R 6 5. INDIAN APOLIS PUBLIC SQUARE APPROPRIATED FOR SCHOOL HOUSE PURPOSES. AN ACT relative to the public square in the town of Indianapolis, in Mahaska county. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the public square in the town of Indianapolis, in the County of Mahaska and State of Iowa, is hereby appropriated to the District Township of Monroe in said county, for school house purposes, for the use and benefit of sub-district number one, in said Dis- trict Township. This bill having remained with the Governor three days, Sunday excepted, the General Assembly being in session, has become a law this 26th day of March, 1862. 9 ELIJAH SELLS, Secretary of State. 66 LAWS OF IOW.A. C. H. A. P T E R 6 6. COSTS AND FEES. AN ACT to regulate the taxation and collection of costs in certain CàS68. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Sheriffs and other officers re- º, * out quired by law to serve any writ, precept or process issued Šiščulj by any Court or Magistrate of this, State, charging the Treasury in commission of a public offense, or charging the violation certain cases of an injunction under Section 3,785 of the Revision of 1860, shall be paid in the first instance out of the County Treasury, where the writ, precept or process is made re- turnable. County pay- SEo. 2. Where costs are taxed, as required by the ingºtssºn preceding Section, and paid by a County other, than the have re- one where the offense shall have been committed, the ºn the amount of such costs so paid, shall be a debt against the ºne of County where the offense was committed, and in favor of fense was the County paying the same, and may be recovered by °ommitted, action in any Court of this State having jurisdiction: Provided, That nothing herein contained shall prevent the collection of the costs from the offender whenever the same can be so collected. Costs may be Sec. 3. That in all cases heretofore of the character ...tº provided for in this Act, in which the costs may have process. been or may be taxed agreeable to the provisions of this Act, the same may be collected by the process provided in this Act. Offender lia- ble for costs. This bill having remained with the Governor three days, Sundays excepted, the General Assembly being in session, has become a law, this 26th day of March, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 6 7. NOTARIAL ACTS OF JOHN H. BROWN LEGALIZED. AN ACT to legalize the acts of John H. Brown, a Notary Public in Blackhawk County. WHEREAs John H. Brown, of Blackhawk County, LAWS OF IOW.A. 67 Iowa, was commissioned a Notary Public, in and for such County, on the 27th day of September, A. D. 1861, which commission was not filed according to law until the 30th day of November, 1861, and WHERE As after the issuing, and prior to the recording, of said commission, the said John H. Brown performed certain official acts as Notary Public, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all official acts of said John H. Brown, by him performed as a Notary Public, within and for said county of Blackhawk, subsequent to the 27th day of September, 1861, and prior to the 30th day of November, 1861, be, and the same are, hereby de- clared legal and binding in law and equity. This bill having remained with the Governor three days (Sundays excepted) the General Assembly being in session, has become a law, this 26th day of March, 1862. ELIJAEI SELLS, Secretary of State. C H A P T E R 6 8 . * APPEOPRIATION. AN ACT making appropriation for the payment of the mileage of the Members of the Ninth General Assembly. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the following sums of money, or so much thereof as may be necessary, be, and the same are hereby appropriated for the purposes hereinafter de- signated. SEC, 2. For the payment of the mileage of the Mem-Pay mileage bers of the Senate, including the Lieutenant Governor, of Senators the sum of two thousand one hundred and ninety-three ºmºber. ſº of the House dollars of Re e e £epresent- SEC. 3. For the payment of the mileage of the Mem-atives of the bers of the House of Representatives, the sum of four 9th General thousand five hundred and eighty-six dollars and ninety “” CentS. SEC. 4. The money thus appropriated by this Act, shall be paid by the Treasurer of the State upon war- rants drawn by the Auditor of State, who shall issue his Warrants to the Members of the Senate and House, in- cluding the Lieutenant Governor, for the amount due to LAWS OF IOW.A. Limiting pay of Supervi. SOPS. each, as shown by the report of the Committee on mile- age of the branch of the General Assembly of which such person is a member; and it is hereby made the duty of the President and Secretary of the Senate, and of the Speaker and Clerk of the House, to furnish im. mediately to the Auditor of State copies of the report of the Committee on Mileage of their respective Houses, which copies shall be certified to be correct, by the offi. cers herein required to furnish them. SEg. 5. This Act being deemed by the General As- sembly of immediate importance shall take effect from and after its publication in the Daily State Register and Des Moines }. Times. Approved March 27th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register, March 30th, 1862, and in the Des Moines Daily Times, April 1st, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 6 9. BOARD OF SUPERWISORS. AN ACT to amend Section three hundred and seventeen, Chapter twenty-two, of the Revision of 1860, in relation to the Board of Supervisors. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That there be added to said section three hundred and seventeen, at the end thereof, and af. ter the word “year,” the following words: “in counties in which the population is less than twenty-five thousand and in all counties in which the population exceeds twenty-five thousand, no Supervisor shall receive pay for more than twenty-five days in one year. SEC. 2. All Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. SEC. 3. This Act being deemed of immediate impor- tance shall take effect and be in force from and after its publication in the Des Moines Register and Daven- port Gazette, anything in the laws of this State to the contrary notwithstanding. Approved March 27th, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register, April 2, 1862. ELIJAH SELLS, Secretary of State. LAWS OF IOW.A. 69 C H A P T E R 7 0. DRAINING. AN ACT relating to draining. SECTION 1. Be it enacted by the General Assembly of The right to the State of Iowa, That any person owning or possessing drain * any land lying in any county within this State, who is the land of desirous of draining such land, and who shall deem it sº.” necessary in order thereto, to cross the lands belonging § ji. to any other person, in case the owner of such land shall to a Justice of refuse to permit such crossing, may apply to any justice the Peace. of the peace residing in the township where such lands shall lie, for such summons as is herein specified. SEO. 2. The justice to whom such application shall Justice shall be made, shall thereupon issue a summons directed to sº. * * any constable of the said township, requiring the owner” of the said land to appear before him, at the time named in the summons, not less than six nor more than fifteen days, to answer such application, defining the same, and designating the lands through which it is proposed to open said drain. SEC. 3. On the appearance day a jury of six disin- A Jury shall terested persons, possessing the qualifications of jurors of he chosen by the District Court, shall be chosen by the parties in this º dº. manner: Two by each one of the parties, and two by the sess damages. four thus chosen. The said justice shall administer to the said jurors, an oath or affirmation, well and truly to examine and certify to the damages which shall result from the crossing and opening of said drain. SEC. 4. The jury thus qualified and chosen shall per- sonally examine the premises, hear any reasons that may be offered in regard to the crossing and opening of said drain, and estimate the value of any improvement which may be destroyed by such crossing. SEC. 5. If the jury be satisfied that the crossing of such drain is necessary and proper, they shall so certify by inquisition in writing, and shall also certify in like manner, the amount of damages which, in their judgment, would accrue from the crossing and opening of such drain. SEC. 6. Either party may appeal from the decision of The right of the jury to the District Court of the county in which the appeal to the premises are situated, by filing with the justice, within Pist Court. ten days of their decision, a bond to be approved by the justice, in a sum double the amount assessed by the jury, 7() LAWS OF IOW.A. provided that the appellant will abide the judgment of said Court, and pay all costs and damages awarded against him therein; or if the appeal be dismissed, that he will pay all sums for which he would have been lia- ble if no appeal had been taken. The proceedings in the District Court in the appeal, shall be the same as on an appeal in a civil action from a justice of the peace as nearly as practicable, and costs shall be awarded for or against either party upon the same rules and conditions as in such appeal of a civil action. º - SEC. 7. Upon the payment of the damages assessed º, by the jury and of all the costs of the pºin. allow- ment of dam- . *. * , e. e - - - - - - ... a.d. ing to the justice, constable and jurors, the same fees as a drain may nearly as may be as are allowed to such persons for Ser- be forced vices in other civil cases, it shall be lawful for the person applying for such summons, to enter upon the lands which such drain shall cross, with all the necessary im- plements to open such drain; Provided that if such drain Damages to open upon a highway, such applicant, shall be held res. a public ponsible to the road supervisor for all damages done to highway such highway. Drain ma SEC. 8. After such drain shall have been opened, it ... shall be lawful for the said applicant to enter upon said be kept open. Shall be lawſu pp. enter upon S lands for the purpose of cleaning out the same in such manner as to preserve the original dimensions thereof; and any person obstructing, or in any way injuring said drain, shall pay said applicant treble damages assesssd by the jurors for such injury. Approved, March 27th, 1862. O H A P T E R 7 1. PROBATE RECORD. AN ACT in relation to County Court Records. SECTION. 1. Be it enacted by the General Assembly of - the State of Iowa, That hereafter the County Judge of $º: each County in this State shall keep an additional Prº- s.r.º. nibate Record Book, in which he shall keep a record as fol- complete pro-lows: showing bate record. First—The name of every deceased person whose es: tate is administered upon, and who dies seized of any real LAWS OF IOW.A. 71 estate situate within the County, and the date of his death ; SECOND–The names of all the heirs at law and widow of such deceased person, and the ages and places of res- idence of such heirs, so far as the same can be ascer- tained ; THIRD–When any of the Real Estate left by such deceased person, shall be sold under order of the County Court, such sale shall be noted in such book, together with a reference to the book, and the pages of the “Pro- bate Record,” where the complete record thereof re- quired by the next section may be found. SEC. 2. In all cases where sales of Real Estate are Record of made under the order of the County Court, either by an sales of Real executor, administrator or guardian, it shall be the duty †: be of the County Judge to keep a complete record thereof º in the “Probate Record,” including complete copies of all papers filed, and all orders made, and including a copy of the deed, and of the approval thereof; and the said judge shall be entitled to charge and collect for keeping such record, ten cents for every one hundred words thereof. SEC. 3. In order to ascertain the facts required to be Executor or Stated in the record, mentioned in Section 1 of this Act, Administratºr the County Judge may require the executor or adminis- º ºº: trator to furnish him with a list of the names, ages, and . ." " places of residence of the heirs, which list shall be sworn heirs, etc. to by the executor or administrator, and shall be a guide to the judge in making such entry; but if such executor or administrator shall certify under oath that there are no heirs, or that after using due diligence he has been unable to ascertain the names, ages and residences of the heirs, the Judge shall make an entry on the Record accordingly. If necessary, in order to ascertain whether a deceased person died seized of real estate, the Judge may examine the Records, for which examination he . charge and collect from the estate the sum of one O118. I’. SEC. 4. For keeping the Record required by Section 1 of this Act, the Judge may charge and collect the sum of fifty cents in each case. Approved, March 27, 1862. Judge's fees. 72 LAWS OF IOW.A. C H A P T E R 72 . PASSES FOR SICK AND WOUNDED SOLDIERS. AN ACT to authorize the Governor of this State to procure passes over Railroad and Steamboat routes, for such sick and wounded soldiers as may need the same in returning home from the army. SECTION 1. Be it enacted by the General Assembly of The Govern'r the State of Iowa, That the Governor of this State is authorized to hereby authorized to procure from the proper persons º such number of passes over the various Railroad and Steamboat routes between this State and the field of op- erations where the soldiers from this State are engaged in the service of the United States, as may in his judgment be sufficient to furnish all sick and wounded soldiers of this State, who may desire to return home, after be. ing discharged, or on furlough. Passes issued SEC. 2. The Governor shall place such passes in the by the Gover hands of such persons as he may select, to be furnished Il OT. to such soldiers when required. . Expense of Sec. 3. The expense of procuring such passes, shall i. i.i.d be paid by the Gºvernor out of the contingent fund, and out of the the Governor shall, if possible, make such arrangements Çontingent as that no passes shall be paid for, except such as are Fund. used. SEC. 4. This Act being deemed by the General As- sembly of immediate importance, shall take effect and be in force from and after its publication in the Des Moines Times and Iowa State Register. Approved March 27th, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register April 2d, 1862, and Des Moines Times April 5th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 7 3. TOWNSHIP ORGANIZATION. AN ACT in relation to the organization of townships, and the num- ber of Supervisors in any County. SECTION 1. Be it enacted by the General Assembly of LAWS OF IOW.A. 73 ſhe State of Iowa, That there shall not be organized in No township Any County in this State, any township in which, at the shal, . "With time of organization, there shall not be at least ten legali."...". voters, provided that each organized County shall haveiegal voters. one civil township. e Sec. 2. In each , organized Q9unty, there shall be Each county hereafter elected at least three Members of the Board is entitled to of Supervisors, and in case there are only two organized three Super- townships in any County, in addition to a Supervisor for "“” each township, there shall be a Supervisor elected at large in the County, and the votes for such, Supervisor shall be canvassed as is now required for other County officers. SEC. 3. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved March 27th, 1862. C EI A P T E R 74. MILITARY SURGEONS. i AN ACT to provide for the appointment and pay of additional ; Surgeons, and for the employment of nurses in the Iowa Regiments of volunteers in the service of the United States. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Governor of this State be Governor and is hereby authorized and empowered to appoint as .º. wº ; , , ſi * arl One addition. provided in Chapter 17 of the laws passed at the Extra à Assis. Session of the General Assembly A. D., 1861, entitled Surgeon for “An Act to amend the Militia Laws of the State of .. Iºwa,” one additional Assistant Surgeon for each Cavalry. OI U8 W- Regiment of Iowa Volunteers now or hereafter engaged in the service of the United States, who shall have the rank and pay of Assistant Surgeons of the army of the United States. SEC. 2. He shall also appoint to each infantry regi- Governor ment of Iowa volunteers now or hereafter engaged in may appoint the service of the United States, upon application from ººlitiºn: he field officers and lical staff of said regime ial Assistant the field officers and medical staff of said regiments, an Surgeon for for such term only as in their judgment the wants of the each Infantry regiment require, one additional assistant Surgeon, who Regiment, shall have the rank and pay of Assistant Surgeon in the ºf shall have the rank and pay of Assistant Surgeon in thes. army of the United States. Said. Assistant Surgeon rank. 10 74 LAWS OF IOW.A. Be appointed shall be appointed from such regiment making the appli from thºſteg cation, provided the professional qualifications of the * if pos- applicant upon examination by the Surgeon and Assis e tant Surgeon of said Regiment, shall be satisfactory. I not, the appointment shall be made as provided in Chap. ter 17 of the laws of the Extra Session of 1861, and re. ferred to in the first section of this Act. Appointee to SEO. 3. It shall be the duty of such assistant surgeon proceed at to proceed at once to the regiment to which he may be Once to the , assigned by the Governor, to conform to the army regula. #. *tions, and to actin conjunction with and under the genera direction of the principal surgeon of such regiment. It Report the shall be the duty of said Assistant Surgeon to report the condition of , condition of such regiment to the Governor, Adjutant the Regiment General and Surgeon General of the State, at the close of each and every month, under such regulations as the said Governor and Surgeon General shall prescribe. N SEC. 4. The Governor of this State is hereby author. urses may : e • - be ºpi.d. ized to instruct any Surgeon having charge of any sick or wounded volunteers of this State, to employ a nurse or nurses, when such Surgeon deems the same necessary, under such regulations as the Governor may prescribe. GOVernor SEo. 5. It shall be the duty of the Governor to in .#y form the Secretary of War of the United States, and also Secretary of the commanders of the several Divisions and of the Sev. War, Com; eral Brigades of the United States Army in which any #. ... of the Regiments from this State may be in service, ºf gades, etc., tº a " tº º 9 offic ap!” the passage of this Act, and requesting that such orders pointments, may be issued as will entitle the Assistant Surgeons and the nurses appointed under this Act, to be received within the lines of the army, to be protected in going to their several regiments, and to be allowed to discharge their several duties as herein provided. Goyernor SEC. 6. The Governor of this State shall have power may revoke to remove and revoke the commission of any person ap: appointments pointed under this Act, whenever, in his judgment, the ood of the Regiment no longer requires his services. Tenure of of , SEC. I. The Surgeons º as provided in the É. A. first section of this Act, shall hold their offices during tant Surgeons the term of service of the regiment to which they may be assigned, unless sooner removed by the Governor. SEo. 8. All expenses incurred by this Act shall be paid out of the War and Defense Fund. Take effect SEQ. 9. This Act being deemed by the General As by publica sembly of immediate importance, shall take effect and tion. be in force from and after its publication in the Daily LAWS OF IOW.A. 75 State Register and Des Moines Times, papers published it Des Moines, Iowa. Approved March 29th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 3d, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 7 5. NOTICE BOOKS. AN ACT to repeal Section 2871 of the Revision of 1860, and enact a substitute therefor, and to repeal any law requiring Notice Books to be kept. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section two thousand eight hun- Repealing dred and seventy-one (2871) of the Revision of 1860, be Section 3871 and the same is hereby repealed, and the following sub- º: * stituted therefor: b SEC. 2871. The filing of a pleading in the Clerk's Filing of Office, and memorandum of such filing made in the ap-pleading. pearance docket, within the time allowed, shall be equiv- alent to a filing in open Court. SEC. 2. That any law now in force requiring the Notice book Clerks of District Courts to provide and keep “Notice not to be kept Books” for the entry, by parties to any suit, or their attorneys, of notices of filing any pleadings, be and the same is hereby repealed. | SEG, 3. This Act being deemed by the General As- |sembly of immediate importance, shall be in force from and after its publication in the Daily State Register and the Daily Des Moines Times, newspapers published in Des Moines. : Approved March 29, 1862. I hereby certify that the foregoing Act was published in the Daily State Register and Des Moines Daily Times, April 1st, 1862. ELIJAH SELLS, Secretary of State. 76 LAWS OF IOW.A. º C H A P T E R 7 6. DOGS. AN ACT providing for the registry of dogs, and defining the duties of Township Officers in certain cases. SECTION 1. Be it enacted by the General Assembly of Dogs shall be the State of Iowa, That every owner or keeper of a dog *gistered shall on or before the 15th day of May, 1862, and each year thereafter, cause it to be registered, numbered and described in the office of the Clerk of the Township where said owner or keeper resides, and shall pay tº said Clerk for said registry the sum of one dollar for every male dog, and three dollars for every female dog, and shall receive from said Clerk a certificate of registry, number and description of said dog, which certificate shall be prima facie evidence of the proper registry of said dog in any township of the State. The township clerk shall receive for every certificate so issued twenty cents, from the funds accruing under the provisions of this Section. Clerk shall SEC. 2. The township clerk shall keep an account of keep an accºt, the amount received and paid out under the provisions of amount re- of this Act, which account shall always be open to the ;" inspection of any citizen of the township, and shall an: post a iii of nually on the first Monday of June, post in some con: registered spicuous place in his township a list of all dogs registered dogs. for the current year, and shall also furnish a copy thereof to each constable in the township. Dog shall SEo. 3. There shall be a collar placed upon the neck have a collar. of each dog registered under this Act by the owner thereof; said collar may be leathern or metalic, and shall not be less than one inch wide, with the number and year made plain upon the same, either by engraving or punching with holes, or sewing with thread of a color different from the collar. All dogs caught without a col. lar on, specified in this section, shall be considered a nui. sance, and shall be destroyed as set forth in section 8th of this Act. Penalty for SEC. 4. Any person placing a collar on any dog not collaring dog registered, shall be guilty of a misdemeanor, and upon not registered conviction thereof shall be fined not exceeding ten dol. lars. Clerk shall SEC. 5. The Township Clerk of each township shall give bond be required to give bond in the sum of twice the amount of money that will be likely to come into his hands by LAWS OF IOW.A. 7 7 he provisions of this act, which amount shall be fixed by the trustees; said bond shall be approved by the Township Trustees, and filed with them for the use of any one injured by the improper acts of said clerk. SEC. 6. Any person owning, keeping or harboring a Penalty for log over the age of three months, not registered accord- keeping dog nº to the provisions of this act, shall be deemed guilty” of a misdemeanor, and upon conviction thereof shall be ined five dollars, to be collected as other fines. If be- before judgment the defendant cause his dog to be reg- istered as required by the provisions of this act, and pay all costs up to the time of pleading such registry, it shall be a bar to any further prosecution for that offence. SEC. 7. Any person who shall maliciously kill any Penalty for registered dog, or shall steal or entice away such dog, killing or en- shall upon conviction thereof be punished by a fine not...” exceeding fifty dollars, and shall also be liable to the dö. owner for all damages. SEC. S. Any person may, and every police officer, Dogs running constable, or marshal shall, kill or cause to be destroyed º all dogs going at large and not collared and registered tº.” - ** -----> e- “. tº . * * “... -s be destroyed. º to to the provisions of this Act. Officers shall feceive twenty-five cents for each dog so destroyed, to be paid out of the funds accruing under the provisions of ithis Act, SEC. 9. It shall be lawful for any person to kill any Dogs disturb- dog caught in the act of worrying, maiming or killing º any sheep or lambs, or other domestic animal, or any dog j. attacking or attempting to bite any person outside of the inclosure of the owner, and the owner shall be liable to the party injured for all damages done by his dog. SEC, 10. The township trustees of each township Township shall require all dogs over three months of age, not Tºshall registered according to the provisions of this Act, to.” be destroyed, and shall enforce all penalties herein pro- vided, and any officer who shall neglect or refuse to per- form the duties imposed upon him by this Act, shall be punished by a fine not exceeding ten dollars for each Conviction. SEC. 11. All funds received for the registry of dogs, Dog Tax to except so much as is necessary to defray the expenses of §9, intºne. registering and killing dogs as provided in sections one **** and eight of this Act, are hereby set apart as a school fund to be paid to the Township District Treasurer, and divided among the several sub-districts in each township as other school funds are apportioned : Provided, That in any township where there is a city organization or independent sub-district, the Township Clerk shall pay 78 LAWS OF IOW.A. into the city School treasury or treasury of the inde. pendent district its share of such apportionment. violations of SEC. 12. All fines and forfeitures imposed as a pen. this Act shall alty for the violation of any of the provisions of this be prosecuted Act, or neglect of any duty imposed by the same, shall be prosecuted for by complaint of any citizen before a Justice of the Peace having jurisdiction, and no mere technical objection to the form of the information shall be allowed to defeat a prosecution so commenced. Take effect SEC. 13. This Act being deemed of immediate im, by publica portance, shall take effect from and after its publication tion. in State Register, Des Moines Times and Iowa Home stead and Farmer, newspapers published in the City of |Des Moines, or any two of them. Approved March 29th, 1862. I hereby certify that the foregoing Act was published in the Des Moines Times April 12th, 1862, and in the Iowa State Register, April 13th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 7 7. SW AMP LANDS. AN ACT to amend Section nine hundred and eighty-six [986] of the Revision of 1860, in relation to Swamp Lands. SECTION 1. Be it enacted by the General Assembly Çounties may of the State of Iowa, That Section nine hundred and º eighty-six of the Revision of 1860, be so amended as to Lands. read as follows: That it shall be competent and lawful for the counties owning swamp and overflowed lands, to devote the same or the proceeds thereof, either in whole or in part to the erection of public buildings for the purpose of education, the building of bridges, roads and highways, for building institutions of learning, or for a permanent school fund for the use of the county to which such lands belong, or for building county buildings, or for making railroads through the county or counties to which such lands belong: Provided, That before any of said land or the proceeds thereof shall be so devoted to any of the purposes aforesaid, the question whether the same shall be so done shall be submitted at some general or special election to the people of the county: Provided, always, IAWS OF IO WA. 79 hat no county is hereby released from its obligations to Act of Congress, passed Sept. 28th, 1850, and the Act of #he General Assembly of this State, passed January 13, *853. # SEo. 2. This Act being deemed of immediate impor- #ance, shall take effect and be in force from and after its ºublication in the Daily State Register and Des Moines #Times. º This bill having remained with the Governor three days (Sunday º #xcepted,) the General Assembly being in session, has become a law #his 31st day of March, 1862. º # ELIJAH SELLS, Secretary of State. i I hereby certify that the foregoing Act was published in the Daily owa State Register April 3rd, 1862, and in the Des Moines Daily Times, April 5th 1862. : ELIJAH SELLS, Secretary of State. C H A P T E R 78. TOWN PLATS. AN ACT providing for the vacation of Town Plats. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in all cases wherein any person Town plats or persons, body politic or corporate, have laid out or may be vaca- may hereafter lay out any lands into town plats, or any ºne additions to a town plat, or sub-divisions of town lots, and • the maps or plats have been recorded, they, their heirs, assigns, grantees or successors or executors under order of the proper Probate Court, may at any time before making sale of any lot or lots therein, by executing a Writing duly acknowledged or proved as is or may be required in respect to deeds, and causing the same to be recorded in the office in which the plat or map was re- Corded, declare such plat to be vacated; and the execu- tion and recording of such writing shall operate to des- troy the force and effect of the recording of the map or plat so vacated, and to divest all public rights in the |Streets, alleys, commons and public grounds laid out or described in such plat or map. And in cases wherein May be vaca- any single lot or lots shall have been sold, the town-plat tº ºr the or addition or subdivision of town lots, in which said lot ...; |. 0 lots so sold is situated, may be vacated as herein pro-owners. Vided, by all the owners of lots in such town plat, or ad- 80 LAWS OF IO WA. dition or sub-division of town lots, joining in the execu tion of the writing aforesaid. No injury º SEo. 2. Any part of a town plat, or addition, or sub. shall be done division of town lots, may be vacated under the provis by Vacating ions and subject to the conditions of this Act, provided *P* such vacating does not abridge or destroy any of the rights and privileges of any other proprietors in said town plat, or addition thereto, or subdivision of town lots, and provided further that nothing contained in this Act shall authorize the closing or obstructing of any pub. lic roads laid out according to law. Rights of per SEC. 3. When any part of a town plat, or addition of Sons owning subdivision of town lots shall be vacated as aforesaid, the lots in a Va- sº-o-º: •- A P - roprietors of th * {T} iſ ſy d TGGIS cated town Pºp he lots so vacated may enclose the streets. plat. alleys and public grounds adjoining said lots, in equal proportions. Recorder SEC. 4. It shall be the duty of the county Recorder snai note up-in whose office the maps or plats of the towns, additions on the record or sub-divisions aforesaid, are recorded, to write in plain º,"; ... legible letters across that part of said map or plat so va. tº plai.” cated, the word “vacated,” and also make a reference on the same to the volume and page in which the said instrument of vacation is recorded. Lots may be SEC. 5. For the purpose of assessing or conveying j jºanj any of the lots described in any map or plat so vacated, numbered in the owner or owners of said lots may cause the same * Vacated to be platted and numbered in accordance with sec. **. tion 1022 of the Revision of 1860, said lots including the sessed by proportionate part of the adjacent streets, alleys and said numbers, public grounds, all of which can be estimated and platted without re-survey by county surveyor. - shall not be , SEC. 6. Nothing in this Act shall have the effect to released from discharge any lands or town lots, or improvements lying prior tax, nor or being within the limits of any addition so vacated : º from any corporate tax legally levied upon the same be: ate debts. fore such vacation; but such addition and the property therein shall remain liable for such corporate taxes the same as if no vacation had taken place. And provided fur- ther that nothing herein contained, shall be held to impair the liability of such addition or sub-division from its pro- portion of any existing debts, which may have been in curred by such village or town. SEC. 7. All Acts or parts of Acts conflicting with the provisions of this Act are hereby repealed. This Bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 31st day of March, 1862. ELIJAH SELLS, Secretary of State. LAWS OF IOW.A. 81 C H A P T E R 79. CITY COURT OF DUBUQUE. #AN ACT to restrict and define the powers and duties of the City # Court of the City of Dubuque, in this State. SECTION 1... Be it enacted by the General Assembly of #he State of Iowa, That the City Court of the City of *Dubuque shall have jurisdiction of offences and suits un- er City Ordinances, and shall have concurrent juris- iction with Justices of the Peace in all criminal cases. # SEC. 2. That all proceedings and trials for offences Laws applica. shefore said City Court, the laws applicable to Justices of ble to said the Peace and to Justices' Courts, including the laws for 99". hange of venue and for summoning and empanelling Iries, shall apply to and govern the said City Court. SEC. 3. Upon the filing of the affidavit for change of Change of enue, as provided for in section 5065 of the Revision of venue. #1860, the change of venue must be allowed, and the offi- icers discharging the duties of said City Court, must im- imediately transmit all the original papers, and a tran- cript of all his docket entries in the case, to any Justice in the City in which said City Court is held, against ºwhom no such objection as is contemplated in said section #5065 of said Revision exists, but no change of venue from such Justice shall be allowed. SEC. 4. That in all cases of appeal from said City Appeal. Court, the appeal shall be allowed in the same manner S appeals from Justices Courts, and shall be taken to the District Court in the county where the said City Court is held. ; , SEC. 5. That said City Court shall have no other ju-Jurisdiction- isdiction than that herein conferred on the same and all limitation of laws conferring any other or greater jurisdiction upon #aid Court than is herein provided, and all laws incon- sistent with this Act, are hereby repealed. : SEC. 6. That the said City Court shall be called a To be a police Police Court, and the officer who shall discharge the du-Court. ties of said Court, and hereafter to be elected for that purpose, shall be known and designated as Police Justice, who shall receive as compensation for his services the same flees as Justices of the Peace, to be charged and collected in the same manner, and shall make return of all fines Collected by him or by such Police Court, in the same imanner as required of Justices of the Peace. SEO. 7. That all judgments and decrees in civil cases Jurisdiction. | 82 LAWS OF IOW.A. Judgment rendered in the said City Court shall be transferred tº and decrees the District Court in the County where said City Cout . º is held, and the Clerk of the District Court to which District Such judgments and decrees are transferred, is hereby Court. authorized to issue execution on the same ; and the said District Court shall in all things have jurisdiction of such judgments and decrees so transferred, as fully as though the same were originally rendered in said District Couri and all civil suits and proceedings now pending in said City Court, not finally adjudicated, shall be transferrel to the District Court, in the manner aforesaid, and tried in said District Court, but such transfer shall not render invalid any subpoena, notice, execution, or other process issued by said City Court before the taking effect of this Act, but the same shall be returned to the said Distric Court in the same manner and within the same time as though it had been originally issued by the said District Court. SEC. 8. This Act being deemed of immediate impor. tance by the General Assembly, shall take effect, and be in force from and after its publication in the Daily State Register, Des Moines Daily Times, Iowa Homestead and Northwestern Farmer, newspapers published at Des Moines, or any two of them, without expense to the State. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in session, has become a law this 31st day of March, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Des Moines Daily Times, April 4th, 1862, and in the Daily State Register April 5th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 8 (), TOWNSEIIPS AND WILLAGES. AN ACT to change the names of Townships, Towns and Willages, SECTION 1. Be it enacted by the General Assembly of The name of the State of Iowa, That any Township, Town or Wik º lage desirous of changing its name, may petition the be changed Board of Supervisors of the County where such Town LAWS OF IOW.A. 83 ſhip, Town or Village is situated, and if it shall appear o said Board that a majority of the actual resident roſers of such Township, Town or Village, are in favor $f such change, said Board shall cause three notices to be posted up in three ºf the most public places of such Township, Town or Village for at least thirty days pre- #ious to the next session of said Board, which notice shall state the fact that a petition has been presented to said Board by the citizens of said township, Town or Village praying for a change of the name of the same, and the name prayed for in said petition, and that unless those nterested in the change of such name shall appear at he next regular session of said Board, and show cause why said name shall not be changed, there will be an brder made granting such change, which notice shall be attested by the Clerk of said Board. SEC. 2. If at the time fixed for the hearing of Said Board of Su- petition, said Board is satisfied that there is a majority in pervisors or. 'avor of such change of name, said Board shall make an der change of order granting such change, which shall be attested by * the Clerk of said Board and recorded in the office of the Recorder of the County where such Township, Town or Village is situated. The costs of such change and recording shall be paid Costs—how by the petitioners. But should it appear to said Iłoard paid. hat a majority of the citizens of such Township, Town, ºr Village, are opposed to such change, such petition shall be dismissed and the costs of the proceeding taxed against the petitioners. SEC. 3. All Acts and parts of Acts inconsistent with his Act are hereby repealed. This bill having remained with the Governor three days (Sunday #xcepted) the General Assembly being in session, has become a law, his 31st day of March, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 8 1. ; BOARD OF EDUCATION. AN ACT fixing the time for the meetings of the Board of Education. | , SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Board of Education shall 84 LAWS OF IOW.A. Board of Ed- hold their next session at the Capital of the State, 0. ºneet the first Monday of June, A. D. 1864, and every secon June, 1864. º year thereafter. Repeal sec. SEC. 2. Section 2108 of the Revision of 1860, Chap 2108, R. 1860. ter 89, page 373, is hereby repealed. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in session, has become a lar this 31st day of March, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 8 2 . STANDARD WEIGHTS AND MEASURES. AN ACT providing a uniform standard of Weights and Measures creating the office of State Superintendent of Weights and Meds ures, and providing the appointment of Sealers of Weights and Measures in the Several counties, cities and incorporated towns ºf this State. SECTION. 1. Be it enacted by the General Assembly a standard the State of Iowa, That the standard weights and meas weights and ures now in charge of the Secretary of State, being the measures same that were furnished to this State by the Govern. ment of the United States, shall be the standards 0 weight and measure throughout this State. SEC. 2. The unit or standard measure of length and surface, from which all other measures of extension whether they be lineal, superficial or solid, shall be de rived and ascertained, shall be the standard yard, now in possession of the Secretary of State, and furnished by the Government of the United States. Division of SEo. 3. The yard shall be divided into three equa yard. parts called feet, and each foot into twelve equal part called inches. For the measures of cloths and othel commodities commonly sold by the yard, it may be di vided into halves, quarters, eighths and sixteenths. The rod, pole, SEO. 4. The rod, pole or perch shall contain five and (1, pole - - ... “half such yards, and the mile, one thousand seven hundre mile-survey- and sixty such yards; the chain for measuring land shal or's chain be twenty-two yards long, and shall be divided into on hundred equal parts called links. The acre for SEC. 5. The acre for land measure shall be measureſ land measure horizontally, and contain ten square chains, and shall b equivalent in area to a rectangle sixteen rods in lengt Standard yard. i LAWS OF IOW.A. 85. * eng contained in a square mile. SEc. 6. The units or standards of weight from which Standard | other weights shall be derived and ascertained, shall weights-AV, F. ten in breadth, six hundred and forty such acres e the standard Avoirdupois and Troy weights as fur- º and hished this State by the United States. º SEC. 7. The Avoirdupois pound which bears to the Troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces; the hundred weight shall consist of one hundred Avoirdupois pounds and twenty hundred weight shall constitute a ton. The Troy ounce shall be equal to the twelfth part of a Troy jound. SEC. S. The unit or standard of measure of capacity Standard jor liquids from which all other measures of liquids º for shall be derived and ascertained, shall be the standard liquids, gallon, and its parts, as furnished this State by the Gov- fernment of the United States. . SEC. 9. The barrel shall be equal to thirty-one and a Standard half gallons, and two barrels shall constitute a hogs- ;..." head. gSnead. SEC. 10. The unit or standard measure of capacity Standard for substances not being liquids, from which all other measures— measures of such substances shall be derived and ascer-ºº!").". * tained, shall be the standard half-bushel furnished this.” “ State by the United States. SEO. 11. The peck, half-peck, quarter-peck, quart and Small meas. pint measures for measuring commodities which are not ures, from 4 liquids, shall be derived from the half-bushel by succes.” sively dividing that measure by two. SEC. 12. All contracts hereafter made within this Standard State for work to be done, or for anything to be sold or weights and delivered by weight or measure, shall be taken and con-...” Strued according to the standards of weight and measure #. hereby adopted as the standard of this State. SEC. 13. A Superintendent of weights and measures Superintend. for this State, who shall be a scientific man, of sufficient ent appointed learning and mechanical tact to perform the duties of his ..º.º. ºffice, shall be appointed by the Governor, from the ºf Professors |Board of Professors of the Iowa State University, and of State Uni. shall hold his office during the pleasure of the Governor, Versity. and who shall give a bond in the penal sum of five thou- Sand dollars for the faithful discharge of his duties. SEC. 14. It shall be the duty of the Superintendent Superintend. to take charge of the standards adopted by this Act, as ent to take the standard of the State, to see that they are deposited ...” º * * * * * * * * * * & - Weights and in the building built for this purpose now belonging to measures. 86 LAWS OF IOW.A. the State, from which they shall in no case be removed and take all other necessary precautions for their saft keeping. It shall also be his duty to provide the severa counties with such standards, balances, and other means of adjustment as may be ordered by them, and as often as once in ten years to compare the same with those in his possession. He shall, moreover, have a general sº. pervision of the weights and measures of the State. Salary of Su- SEc. 15. The Superintendent shall receive for li perintendent. Services a Salary of fifty dollars a year. - Superintend. Sec. 16. The State Superintendent of weights an sº. measures shall procure for the State a complete set (ſ cure copy to copies of the original standards of weights and meas. º .." ures adopted by this Act, which shall be used for adjust - * ing county standards, and in no case shall the original standards be used for any other purpose than the adjust ment of this set of copies: Provided, the cost of the same shall not exceed three hundred and fifty dollars. He shall also procure such apparatus and fixtures as are necessary in the comparison and adjustment of county and town standards. Board of su. , SEC. 17. The Board of County Supervisors of any pervisors County may, at any regular meeting, provide for obtain. may procure ing from the State Superintendent of weights and meas. ..". # ures, such standards of weight and measure as they may Č.hº... deem necessary for their county, and in case they order of weights such standards, they shall appoint a county sealer of and measures weights and measures, who shall hold his office during the pleasure of the Board. SEo. 18. It shall be the duty of the County Sealer to . * take charge of the county standards and standard bal charge of Co. ances, and provide for their safe keeping, to provide the standards, cities and incorporated towns with such standard weights ºr.” and measures, and standard balances as may be wanting, ...ce and to compare the cities and incorporated towns' stand. in 5 years, ards with those in his possession as often as once in r every five years. ſº SEC. 19. A sealer of weights and measures may be 9...ºf appointed in every city and incorporated town in this weights and N - j I * j" State, by the Council thereof, and shall hold his office during their pleasure, and said Council may obtain from the sealers of weights and measures of their respective counties such standards of weights and measures as they may deem necessary for their respective cities or incorporated towns; and in case the Board o Supervisors of any County in which any city or town may be situated shall not have obtained such standards, LAWS OF IOW.A. 87 hen said Council may obtain them from the State Su- erintendent of weights and measures. SEC. 20. It shall be the duty of each sealer in cities City sealer and incorporated towns to take charge and provide for shall take. #he safe keeping of the town or city standards, and to ºw see that the weights, measures and all apparatus used e for determining the quantity of commodities used throughout the town or city which shall be brought to him for that purpose, agree with those standards in his possession, | Sec. 21. All expenses directly incurred in furnishing Expense of the several counties, cities and incorporated towns, as ..."; a rovided in this Act, with standards or in comparing ..."; those that may be in their possession, shall be borne by county and the respective counties, cities and incorporated towns city. for which such expenses shall have been incurred. SEC. 22. The State Superintendent of weights and The State Su- measures shall cause to be impressed upon all standards º: of weights and measures furnished by him in accordance. dº O. with the provisions of this Act, the word “Iowa,” and standarás. such other device as he shall direct for the particular county, city or incorporated town, and the county seal- ers shall see that in addition to the above device, there is impressed on the town and city standards, such other device as the Board of Supervisors shall direct for the several cities and incorporated towns, SEC. 23. Each sealer shall be entitled to receive for Compensati'n his services at and after the following rates: For sealing 9.Co. and and marking every beam, ten cents. For sealing and 9” “” marking measures of extension at the rate of ten cents per yard, not to exceed fifty cents for any one measure. For sealing and marking every weight, five cents. For Sealing and marking liquid and dry measures, five cents for each measure. He shall also be entitled to a reason- able compensation for making weights and measures conform to the standards in his possession. SEC. 24. Whenever the State Superintendent of Removal or weights and measures shall resign, be removed from resignation, | | county or incorporated town sealer shall resign, be re- charge of moved from office or remove from the city, county or standards. town in which he shall have been appointed or elected, it shall be the duty of the person so resigning, removed, or removing, to deliver to his successor in office all the standard beams, weights and measures in his possession. SEC. 25. In case of the death of any such sealer of Weights and measures, his representatives shall, in like 88 LAWS OF IOW.A. manner deliver to his successor in office such beams. weights and measures. * Refusal to de SEC. 26. In case of refusal or neglect to deliver such liver to suc-standards entire and complete, the successor in office ... may maintain an action against the person or person, ...”.”. So refusing or neglecting, and recover for the use of such COyer. county, city or incorporated town, double the value of such standards as shall not have been delivered. And in every such action, in which judgment shall be ren. dered for the plaintiff, he shall recover double costs. Penalty for SEo. 27. If any person or persons shall hereafter use selling by any any weights, measures, beams, or other apparatus for de. weights or determining quantity of commodities, which shall not be lº conformable to the standards of this State, in any counties gånäjä."” whose standards have been obtained by the Board of Supervisors, or in any city or incorporated town after such standards have been obtained therein, whereby any person shall be injured or defrauded, he shall be sub. jected to a fine not exceeding five dollars for each offense, to be used for and collected by the city, county or town sealer. He shall'also be subject to an action at law, in which the defrauded person shall recover treble damages and costs, and it shall be the duty of every person keep ing any store, grocery or other place for the sale or pur. chase of such commodities as are usually sold by . or measure, once in each year to procure the weights and measures used by him, to be compared with the standard in this Act provided, and shall be subject to a fine of five dollars for every neglect to comply with this provision, to be recovered by any one who shall prosecute therefor. SEC. 28. All Acts and parts of Acts inconsistent with this Act are hereby repealed. This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in Session, has become a law this 31st day of March, 1862. - ELIJAH SELLS, Secretary of State. O H A P T E R 8 3. SALINE LANIOS. AN ACT for extending the time for claimants to prove up and pur- chase certain Saline lands. SECTION 1. Be it enacted by the General Assembly of LAWS OF IOW.A. 89 the State of Iowa, That all persons who had claims as Extending provided for in Article 4, Chapter 84 of the Revision of the time six 186ſ, An act entitled an act to authorize the County * d Judge and County Treasurer to sell the saline lands upon purchas; cer section 36, township 70, north of range 17 west, and the tain Saline north west quarter of the north-east quarter, of section Lands. 30, township 70, north of range 16 west, shall have six months from and after the taking effect of this Act to prove up and purchase the same; Provided, that the proving up of the claims and purchasing the same shall in all respects, (except the time) be governed by the pro- visions of said act above referred to. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in Session, has become a law, this 31st day of March, 1862. - ELIJAH SELLS, Secretary of State. C E A P T E R S 4 . FRAUD IN WAREHOUSEMEN. AN ACT to prevent fraud in warehousemen and others. SECTION 1. Be it enacted by the General Assembly of : the State of Iowa, That no warehouseman, wharfinger, or No receipt to other person, shall issue any receipt or other voucher for issue until any goods, wares, merchandize, grain, or other produce #. .* or commodity, to any person or persons, purporting to be º in the owner or owners thereof, unless such goods, wares, store. merchandize, grain, or other produce or commodity, shall have been bona fide received into store by such Warehouseman, wharfinger or other person, and shall be in store and under his control at the time of issuing such receipt. SEC. 2. All goods, wares, merchandize, grain, or Goods and other produce or commodity, shall so remain in store un-produce held til otherwise ordered by the holder of said receipt, sub-subject tº the ject only to the condition of the receipt, and the contract. of the between the parties as to the time of its remaining in pt. St0re. SEO. 3. That no warehouseman, wharfinger or other Second re- person, shall issue any second receipt for any goods, Seipt notº wares, merchandize, grain, or other produce or commodº.".” ity, while any former receipt for any such goods or chat- celed. º t ; : ; £ :- º: 1 90 LAWS OF TOWA. tels as aforesaid, or any part thereof, shall be outstand. ing and uncanceled. Goods and SEC. 4. That no warehouseman, wharfinger or other produce not person, shall sell or encumber, ship, transfer, or in any tºº. manner remove beyond his immediate control, any goods bered or wares, merchandize, grain, or other produce or commod. transferred ity, for which a receipt shall have been given as afore. wº º said, without the written consent of the person or persons inje of re-holding such receipt, except to enforce his lien thereon ceipt. for storage and warehouse charges, nor then except as provided for in Chapter 81, in the Revision of 1860. Penalty—fine SEC. 5. Any warehouseman, wharfinger or otherper. and impris- son, who shall violate any of the foregoing provisions of Bºy this Act, or shall sell, transfer or dispose of any receipt given by any person or persons for property in store, or shall draw a draft formoney on any º what. finger, or other person, knowing that the said warehouse. man, wharfinger or other person, has not in possession any goods, wares, merchandise, grain or other produce, sub. ject to the order of the person or persons so drawing, shall be deemed guilty of felony, and subject to indict. ment, and upon conviction shall be fined in any sum not exceeding one thousand dollars and imprisonment in the Penitentiary of this State not less than one year, nor more than five years; and all and every person aggrieved by the violation of any of the provisions of this Act, may have and maintain an action at law against the per- son or persons violating any of the foregoing provisions of this Act, before any court of competent jurisdiction, and shall not only recover actual damages, but shall be entitled to exemplary damages, which he or they may have sustained by reason of any such violation as afore: said, whether such person shall have been convicted un- der this Act or not. SEC. 6. This Act being deemed by the General As sembly of immediate importance, shall take effect "#. its publication in the Daily State Register and Daily Des Moines Times, newspapers printed in the City of Des Moines. This bill having remained with the Governor three days (Sunday excepted) the General Assembly being in session, has become a law, this 31st day of March, 1862. * ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Daily State Register, April 2d, 1862, and in the Daily Des Moines Times April 4th, 1862. ELIJAH SELLS, Secretary of State. LAWS OF IOW.A. 4. 91 C H A P T E R 8 5. AUDITING COMMISSIONERS. AN ACT entitled an act to amend an act entitled an act providing for auditing all accounts and disbursements arising under the call for volunteers from Iowa, and also for all men organized as the ; State Militia of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Board of Commissioners, May adminis. (created by said act of which this is amendatory) or any ter oath in member thereof, shall have power to administer oaths to proof of ac- witnesses and claimants in matters pending before them.* SEC 2. That section three of the act of which this is claims not amendatory is hereby repealed, and the Board of Com-based by ſim. missioners are authorized and directed to audit all claims itation. authorized to be audited by the act of which this is amendatory, without regard to the time of their presen- tation. SEC. 3. This act being deemed of immediate impor- tance, shall be in force from and after its publication in the Iowa State Register and Des Moines Times, any law ; in this State to the contrary notwithstanding. Approved April 2d, 1862. I hereby certify that the foregoing Act was published in the Des Moines Times April 5th, 1862, and in the Iowa State Register April 9, 1862. - ELIJAH SELLS, Secretary of State. C EI A P T E R S 6 . MILLS COUNTY SW AMP LAND. AN ACT authorizing the people of Mills County to cancel the in- debtedness of said County to the Swamp Land Fund. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That as soon as the County Board of Pººl ºf Su- Su • , , ; * f Mill t .* a ni , l Safi fied Pºlsº pervisors of Mills county are unanimously satisfied inay cºncel that the Swamp Lands in said County have been re-swamp Land claimed according to the spirit and intent of the law un-Fºniº der which they were granted to the State, and all liabil-... ities against said lands or fund are satisfied, it shall then of the people. 92 LAWS OF IOW.A. be lawful for said Board to submit the question to the qualified electors of said County, (at some general elec. tion) whether they will cancel their indebtednes to the Swamp Land Fund. Submission to Sºo. 2. The Board of Supervisors of said County ... shall give notice of the submission of the aforesaid ques. to be given tion, to be published in the newspapers printed in said by publica County, for four consecutive weeks next prior to said tton, etc. election, and if no newspaper be published in said Coun. ty, then by causing such notice to be posted at the usual places of holding elections in said County, for at least thirty days º to said election. Vote, written SEG, 3. . Every person voting at said election shall J.H. have the right to use the words written or printed on ballot. his ballot “for canceling the Swamp Land Debt,” or “against canceling the Swamp Land Debt.” Clerk to keep SEo. 4. Each Clerk at said election shall keep a cor iaiſy list on rect tally list of the number of votes cast at said elec. to be preserv, tion, “for canceling the Swamp Land Debt,” and “against § ºdº.to canceling the Swamp Land Debt,” one of which lists be returned 8-) - º ... ... shall be preserved by the Township Clerk, and the other Supervisors, returned to the County Board of Canvassers, with the proper poll book. Board of can SEC. 5. The Board of County Canvassers of Said vassers shall County, at the time of canvassing the returns of said file a Corlect election, shall keep a correct account of the votes cast as º, ºu. aforesaid, and cause to be certified and filed in the office the Board of of the Board of Supervisors an abstract thereof and a Supervisors, memorandum thereof entered upon the journal of their proceedings. Board of su. And if it shall appear that a majority of all the votes j" cast in said County, for or against canceling the Swamp shall cancel Land Debt, shall be cast for canceling the Swamp Land said indebted Debt, said Board of Supervisors shall cause the several ... ºne evidences of indebtedness of said County to the Swamp in favor. Land Fund to be canceled absolutely ; but if a majority of said votes cast as aforesaid, shall be cast against can: celing the swamp land debt, no further proceedings shall be had, and said indebtedness shall be and remain, as if this Act had never been passed, and said vote had not been taken. Approved, April 2, 1862. LAWS OF IOW.A. 93 C. H. A P T E R 8 7 . CHANGE OF COUNTY IBOUND ARIES. AN ACT defining the manner in which the boundaries of counties may be changed in certain cases, and providing for the disposition of existing liabilities. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That whenever the citizens of two or A majority of more counties, desire a change in the boundaries thereof, the legal vo- they may petition their respective Boards of Supervisors * *...* therefor, and each of said petitions shall designate the ... ." change desired, and shall be signed by none but legal County voters of the county before whose Board the same is pre- boundaries— sented, and shall be signed by at least one-half of such ...” .# legal voters, as shown by the last census, and be accom- panied by the affidavits of at least two credible witnesses, that the signatures to the petition are genuine, and that the person signing the same are legal voters in said county: Provided, That before any petition shall be heard, satisfactory proof shall be made by affidavit to said Board, that at least three notices containing copies of such petition or petitions have been posted at least six weeks before the same shall be heard, in three public places in each township in the counties to be affected by such change of boundary, one of which shall be kept posted upon the door of the office of the Clerk of the District Court of said counties; which notices shall con- tain a copy of the petition, and shall show the time of hearing; and, provided further, that if an equal number shall sign the remonstrances in each county where the petition is to be heard, to the number signing the peti- tions, no election shall be held. SEC. 2. That the petition of the voters of each of the Where 2 or counties interested in such change shall be presented to more coun- their respective Boards of Supervisors at the same regu- . *: *. lar session, and it shall be the duty of said Boards of Su- . . º pervisors upon being so petitioned, to order that at the sented to the next general election holden thereafter, a vote shall be ºf ºur taken by the several counties interested, upon the pro: . posed change: Provided, however, that no order shall interested. be made conflicting with the provisions of section two, Article eleven, of the Constitution. SEo. 3. The Boards of Supervisors of the respective Notice given Counties, at the time they make the order for such elec- of ºn election tion, hall make an order requiring their Clerk to give .." at least four weeks notice of such election, by causing ge. 94 LAWS OF IOW.A. a notice thereof to be published in some newspaper printed in their respective counties; if there be no news. paper published in either of said counties, then notice shall be given in the county having no newspaper, by posting up written or printed notices in one public place in each organized township in Said county, for the same length of time, which notice shall be given at least four weeks prior to the day of election, and shall set forth the exact portion of the territory to be detached from one of the counties, and to what county the same is to be af. tached ; and also, that at the next general election the question will be presented to the qualified electors of the counties, whether such change in the county boundaries shall be made. - panos must SEo. 4. At said election separate ballots shall be cast jñtei or on the question of changing the boundary lines of said written and counties, which ballots shall have written or printed depºsiºd, in thereon the word —“Changing county boundary—yes,” separate box, or .. Changing county boundary—no,” for which ballots a separate box shall be kept, and a return of said vote shall be made to the Board of County Canvassers, and canvassed as provided by law for other returns. Clerkshall re. SEC. 5. Should a majority of all the votes cast in the cord in the county to which the territory belonged, be in favor of :"...i the proposed change, the Clerk of the Board of Super: .." visors of said county shall notify the Clerk of the Board sult of vote of Supervisors of the county or counties interested therein; and should it be found that a majority of the votes cast in each of the counties interested, are in favor of the proposed change, due record shall be made thereof in the Minnte Book mentioned in section 318 of the Re- vision of 1860, in each of the counties interested. If boundaries SEC. 6. The county to which the territory shall be are changed, attached, shall cause to be transcribed from the records records shall of the county to which said territorv formerly belonged, betransferred all records pertaining to the real estate so attached, all taxes due and unpaid in said territory against the prop- erty or parties; also a transcript of all judgments in the District Court, or County Court, affecting any real estate in said attached territory, and all other records, papers and documents which properly belong to the county to which said territory is attached, which said records, papers or documents shall be transcribed or filed as the case may be, in the appropriate records and respective offices to which the same belong, and shall have the same force and effect, and be of the same validity in all cases and for all purposes as if the same originally belonged thereto, except as hereinafter provided. LAWS OF IOW.A. 95 All the costs attending the transfer of the above men- Expenses-- tioned records, papers and documents, shall be paid by how paid. the county to which said territory is attached. SEC. 7. On the first Monday of January next suc- When the ceeding the said election, if the same shall have been change shall determined in favor of the change, the change shall be lºº -- -- Te and the effect deemed to have taken place, and all the officers whether. township or district, residing in the territory so detached, the township shall be held and deemed as belonging to the county to organization which the same is attached, provided however, that in case the territory so attached does not constitute a civil township or townships, the officers of the township to which such portion is attached shall have jurisdiction therein; and such territory shall for all purposes except as herein oth- wise provided, be deemed a part of such organized town- ships. sº 8. If the territory included in the change con-copies of stitutes one or more civil townships, the bonds of all the bonds of officers therein, that are required to be filed, or approved º by any county officer, shall be transmitted by copy duly ...a...we certified by the officer having charge thereof, to the same force, office in the county to which the territory is attached, which said bonds shall be of the same effect and validity as if originally filed in such office. SEO. 9. The detached territory shall not by reason of Liability for such change be released from the payment of its just and jºb. equitable proportion of any indebtedness incurred by the county to which it formerly belonged, prior to and exist: ſing at the time of such change or detachment, nor shall such territory so detached be subject to the payment of any portion of indebtedness, either principal or interest, incurred or contracted by the county to which it becomes attached, prior to the date of such change or attachment. , SEC. 10. . In order to fully carry out the provisions of Manner of Section 9 of this Act, it is hereby made the duty of the levying and Board of Supervisors of the County to which said terri-collecting the tory formerly belonged, when they shall have levied a º tax upon the property of their county (which tax must detached ter. be uniform throughout their county,) for the purpose of ritory for pre: raising funds to pay off in whole or in part, either prin- º: cipal or interest, any indebtedness existing against said from which County at the time of such change and detachment, to detached. Cause the Clerk of their Board to certify under the seal of their Board a statement of the amount of such levy, and transmit the same to the Clerk of the Board of Su- pervisors of the County to which said territory has be: Come attached, and it shall be the duty of such Clerk at the time he receives such statement to levy a tax to 96 LAWS OF IOW.A. same belongs, taking his receipt therefor, which receip Delinquent tax, how col- lected from detached ter. ritory. the amount therein stated upon the taxable property in cluded within the limits of such detached territory as cording to the last assessed value thereof, and it shall be the duty of such Clerk at the time he completes the tax list required in Section 746 of Chapter 45, of the Re. vision of 1860, to carry out said tax against such taxa. ble property included in such detached territory, in a column by itself, and the same shall be delivered and charged to the Treasurer, collected and treated in all other respects in the same manner as now or hereafter to be provided by law for the collection of other County taxes; and it shall be the duty of said Treasurer to pay the same over from time to time as the same is collected to the County Treasurer of the County to which the shall be his voucher on settlement therefor, Provided however, the said Treasurer shall retain therefrom the Sum of five per centum on said amount so collected, which shall be placed by him in the County Treasury 0 his County as a full compensation to said County for trouble and expenses incurred in the collection of said tax ; and it shall be the duty of the Board of Supervi. sors of the County to which said territory is attached, at the time or times they levy any tax in their county for the purpose of raising funds to pay in whole or in part, either principal or interest, any indebtedness ex isting against said County at the time of such change and attachment, to exempt from such levy and tax the property included within the limits of such attached ter. ritory. : SEC. 11. The taxes levied and unpaid in said de- tached territory, delinquent or otherwise, at the time of such change, shall be transcribed from the books in the hands of the Treasurer of the County to which said ter. ritory formerly belonged, in the manner in which said tax stands upon said books, together with the Warrant attached to said Tax Book, and pass the same over to the Treasurer of the County to which said territory is attached, taking his receipt therefor, which transcript with the duplicate warrant thereto attached shall be suf. ficient authority to authorize said Treasurer to proceed to collect said tax, and shall collect, or cause the same to be collected and account and be responsible therefor in the same manner, and to the same extent as now or hereafter provided by law for the collection of other County or State taxes, and said tax shall be used in that portion of the County upon which the same was levied, except that raised for State and County purposes, which LAWS OF IOW.A. 97 shall be paid over by said Treasurer to the County Treas- rer from which said territory was detached from time o time as the same is collected. Spc. 12. This Act being deemed of immediate im- portance, shall take effect and be in force from and after is publication in the Des Moines Register and Des ſoines Times. ! Approved, April 2, 1862. f iſ hereby certify that the foregoing Act was published in the Des Moines Times, April 12th, 1862, and in the Des Moines Register April 16, 1862. * ELIJAH SELLS, Secretary of State. C EI A P T E R 8 S . SPECIAL ELECTIONS. AN ACT to define the manner of canvassing votes cast at special elections. SECTION 1. Be it enacted by the General Assembly of ſhe State of Iowa, That in all cases where special elec- ions are held to fill vacancies occurring in the offices of Senator or Representative, in the General Assembly, Member of the Board of Education, or Representative n Congress, ordered by the Governor in pursuance of section six hundred and seventy-two of the Revision of 1860, it shall be the duty of the Board of County Can- iàssers to meet at 12 o'clock, M. on the second day after àid election, unless the second day be Sunday, in which :ase they shall meet on the following Monday, to can- ass the votes cast at such elections, for which they shall eceive one dollar per day and ten cents per mile, count- |ng one way. Canvassing Vote of spe- cial election | SEC. 2. If the District is composed of more than one District can. !ounty, it shall be the duty of the District canvassers to Vass. meet at the place of canvassing votes at a general elec- lion, in said district at 12 o'clock M., on the 6th day af. er said election, unless that day be Sunday, in which ºse they shall meet on the following Monday to canvass he votes cast at such special election, and said District 'anvassers shall receive one dollar and fifty cents per ity, and ten cents per mile counting one way. SEC. 3. The State Board of Canvassers shall canvass 13 98. LAWS OF IOW.A. Canvass for the votes cast at any special election to fill a vacancy in jºembers of the office of Representative in Congress, and it shall be * the duty of the Clerk of the Board of Supervisors, within Sº, four days after such election, to transmit to the Secretary ** of State, an abstract of the votes cast at said election. State can: SEC. 4. Within fifteen days after said election the vassers to Board of State Canvassers shall meet to canvass the votes ned within cast to fill such vacancy, unless that day be Sunday, and 15 days. if so they shall meet on the following Monday, and if the returns have not been received from all the counties com. May adjourn posing said District, they may adjourn to such day as Cà.DVäS8. they deem necessary, not exceeding ten, for the purpose of receiving said returns. SEC. 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved April 2d, 1862. O H. A. P T E R 8 9. TOWNSEIIP CLERES. AN ACT to amend Section 548 of the Revision of 1860, defining the duties and pay of Township Clerks in certain cases. SECTION 1. Be it enacted by the General Assembly Township of the State of Iowa, That Section 548 of the Revisiºn Čierſ to give of 1860, be so amended as to read as follows, viz: The notice to ballots for township officers having been canvassed, the township offi. Clerk shall within five days thereafter post up in three cers elect. public places in the township written notices, containing the names of persons elected to township offices at such election, and requiring each of them to appear beforº the proper officer or officers and qualify according tº law - Approved, April 2, 1862. LAWS OF IOW.A. 99 O H. A. P T E R 9 (). COMPENSATION OF TOWNSHIP CLERR. AN ACT to amend Chapter forty-six of the Revision of 1860, ſixing the compensation of Township Clerk. SECTION 1. Be it enacted by the General Assembly of he State of Iowa, That Section 911 of the Revision of |S60, be so amended as to read as follows, viz: The Township Clerk shall be allowed at the rate of one dol- ar for every six hours necessarily engaged in official rvices, but before he shall be entitled to such compen- sation, he shall file in the office of the Clerk of the Board bf Supervisors a bill of items, which account after being signed and sworn to, shall be audited and paid out of the County Treasury as other accounts are audited and paid. SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. sº : SEC. 3. This Act being deemed of immediate im- Se portance shall be in force from and after its publication in the Iowa State Register, and Homestead, and North Western Farmer. Approved, April 2, 1862. * I hereby certify that the above Act was published in the Iowa §tate Register April 9th, 1862, and in the Homestead and North AWestern Farmer April 10, 1862. º ELIJAH SELLS, Secretary of State. C H A P T E R 91. DIWORCE. | N ACT for the relief of all persons heretofore divorced to whom the disability to marry again has been attached, either by the law under | Which the divorce was had, or by decree of the court granting the same. | SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That all persons heretofore di-pivorceaper. Wºrced, under or by virtue of any law of this State, son may º: Whether the same may have been from the bonds of mat-ry. imony or from bed and board, and to whom by decree ºf the court granting such divorce, or by virtue of the 100 LAWS OF IOW.A. provisions of law under which such decree may have been obtained, or disability to marry again may have attached, shall from and after the taking effect of this act, be restored to all the rights and privileges of any unmarried person. Approved April 2d, 1862, C H A P T E R 92. LEGALIZING ACTS OF D. D. CHASE. AN ACT entitled an act to legalize the election and official acts of D. D. Chase, District Attorney, in and for the 11th Judicial District of the State of Iowa. : WHEREAs, Doubts have arisen respecting the legality of the election of D. D. Chase of Hamilton County and State of Iowa, to the office of District Attorney of the 11th Judicial District in said State, therefore SECTION 1. Be it enacted by the General Assembly of Election of D. the State of Iowa, That the election of D. D. Chase to P. Chase, the office of District Attorney of the 11th Judicial Dis P. jºin trict in said State, on the 8th day of October, A. D. 1861, jr.” and all official acts of the said D. D. Chase done under galized." and by virtue of said election are hereby declared legal and legalized as fully and completely as if the law had been fully complied with. SEC. 2. This act shall take effect and be in force from and after its publication in the Daily State Register and Hamilton Freeman published at Webster City. Approved April 2d, 1862. I hereby certify that the foregoing was published in the Daily State Register April 5th, 1862, and in the Häamilton Freeman, April 12th, 1862. ELIJAH SELLS, Secretary of State, C EI A P T E R 9 3 . SUITS AGAINST COUNTIES. AN ACT relating to the bringing of suits against Counties. SECTION 1. Be it enacted by the General Assembly ºf LAWS OF IOW.A. 101 he State of Iowa, That no action shall be hereafter Suit can not brought in any of the courts of this State, against any be brought, county therein, on any unliquidated claim against such *.º:º county, until the same shall have first been presented to ºf E.; the Board of Supervisors and payment thereof de-Supervisors. manded, anything in the laws now in force to the con- trary notwithstanding. SEC. 2. This act being deemed of immediate impor- tance shall take effect from and after publication in the Des Moines Daily Times and State Register. Approved April 2d, 1862. I hereby certify that the foregoing Act was published in the Des Moines Daily Times, April 5th, 1862, and in the Daily State Register May 2d, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 9 4. . RELATING TO THE SUPPRESSION OF INTEMPER ANCE. AN ACT to amend the law in reference to the sale of intoxicating liquors. SECTION 1. Be it enacted by the General Assembly of the State of Iowa . That no privilege claimed by any county Liq. person to sell intoxicating liquors, granted pursuant to uor Agency. the provisions of Chapter 157 of the Acts of the Sixth General Assembly of the State of Iowa, shall continue to be in force more than sixty days after this Act takes effect. SEo. 2. That all such permissions hereafter issued by Permits shall virtue of Said Act, shall specify the house in which in-describe the toxicating liquors may be sold by virtue of the same, house. and the length of time the same shall be in force, which in no case shall exceed twelve months. SEC. 3. The account book of purchases and sales re-Acc’t books quired by the third section of said recited Act, to be subject to in- kept by any person having or obtaining said privileges, * shall at all times, be subject to the inspection of the Sheriff or any Constable or Marshal, and of all Justices of the Peace of the County, and shall be produced by the party keeping the same, to be used as evidence on the trial of any prosecution against him, or against liquors alleged to have been seized from him, or his 102 LAWS OF IOW.A. house, on notice duly served that the same will be re. quired as evidence. Upon infor- Sec. 4. When any person, resident of the county, milion the shall file a written information, on Oath, before any Co., Judge County Judge, charging any one now holding, or who **... may hereafter hold such privilege, with violating said *"...º., Act, either by failing to keep a correct record ºf pur. to appear and Act, either by failing to keep a correct record of pul answer for chase or sale, or by making false entries in such record *ing in Yi* or account, or by selling colorably, and under pretence ***" of complying with the ſaw, but substantially in violation thereof, or when any Sheriff, Constable, or Marshal, of the County, shall, in his official character, make, sign, and file such written information, it shall be the duty of the County Judge to issue his notice to the accused, to appear before him in Court, at a time fixed, to show cause why his permit shall not be vacated ; and for the purpose of trial, either party may have witnesses sum. moned as in other cases. Permits may The defendant may answer the complaint or charge, be ºk...” and the County Court, either in default, or in answer, or on finding any of the charges sustained by proof shall revoke the permission to the party to sell liquor, and shall adjudge the defendant to pay the costs; and no person whose permission shall be revoked by the County Court, shall be capable of holding such privilege again within this State for the space of two years thereafter. Confiscation SEC. 5. When intoxicating liquor shall be seized uſ: and destruc der search warrant by virtue of the laws now in force, it tion of intoxi- shall be no bar to the confiscation and destruction of the **same, that the party claiming the same, has a permit un, der this or any former Act, if the court or jury trying the facts shall be satisfied, from the proof, that the de. fendant has sold such liquors in violation or evasion of law, and at the time of the seizure had the liquors in question, with the intention of selling the same contrary to law, and any judgment of a competent tribunal con demning liquors seized under such warrant, from any person holding such permit, or convicting him of selling contrary to law, shall work a forfeiture of his privilege. Jurisdiction SEC. 6. That the County Courts of this State, shall of Courts un- have and exercise the same jurisdiction in all cases un: der this Act, der this Act, and the several Acts now in force, in refe: rence to the keeping and sale of intoxicating liquors, as Justices of the Peace now have ; and the County Judge shall be entitled to the same fees which Justices of the Entitled to a Peace are allowed for like services. Either party may Jury. demand a jury before the County Court, of the same number, and in the same manner as a defendant now LA WS OF IOW.A. 103 may before a Justice of the Peace, except in cases re-No Jury al. lating exclusively to the vacation of permits to sell lowed. liquor, and except judgments vacating such permits, appeals may be taken to the District Courts, from the judgments of the County Courts, in the same manner as as from the judgments of Justices. SEC. 7. The sureties of every person obtaining such sureties must ermit from any County Judge, under the provisions of enter into re. the Act herein first recited, shall enter into a recogniz-cognizance. ance in the presence of the County Court, containing the same stipulations as the bond required in the third section of said Act, which fact together with the names of the sureties, shall be entered upon the record, and so cited in a permit to be issued by the Court; and any judgment which shall thereafter be rendered against the principal for any fine or cost, or vacating any permit in consequence of any act committed during its continu- ance, and violation or evasion of law, shall be conclu- sive on such sureties, in any suit or proceeding against them on said recognizance. e SEC. S. Any permit procured or obtained under this Fraudulent Act, or the Act last recited, by any person not entitled permit shall to the same, by the provisions of said Act, shall be be Void. deemed fraudulent and void; and any one who, after obtaining such permit shall enter upon or be engaged in any pursuit, in consequence of which he would not be eligible to obtain such permit, shall be deemed to have abandoned the same, and shall thereafter claim no pro- tection thereby. SEC. 9. The Act approved 22d January, 1855, for search war. suppression of intemperance, is hereby so amended as to rants. allow search-warrants provided for by said Act, to be issued on the written information on oath, of one credi- ble person, a resident of the County, instead of three, as now provided ; said information and search-warrant to describe the place to be searched as well as the liquors to be seized, with reasonable particularity. When any liquors shall have been seized by virtue of any such warrant, the same shall not be discharged or returned to any person claiming the same, by reason of any alleged insufficiency of description in the warrant of the liquor or place, but the claimant shall only have a right to be heard on the merits of the case. Approved April 2, 1862. 1()4 LAWS OF IOW.A. C H A P T E R 9 5 . FIRE COMPANIES. AN ACT to organize flre companies in the village of Waterloo in Blackhawk County and regulate the same. SECTION 1. Be it enacted by the General Assembly of Trustees of of the State of Iowa, That upon petition of twenty or §". more legal voters, inhabitants of the village plat of Wa. , 24. * terloo, in Blackhawk county, State of Iowa, petitioning therefor, the Trustees of Waterloo and East Waterloo townships in said county, shall notify a meeting of the legal voters residing in said village, which notice shall be pub. lished in some newspaper printed in said village if any such there be, for two weeks prior to the time of holding such meeting, and by posting up a copy of said notice at two public places in such village at least two weeks before the day of such meeting, and said trustees shall from time to time call like meetings upon the petition of twenty or more legal voters of said village, in the same manner. Meeting may SEC. 2. . The said legal voters at such meetings may adopt this by a majority vote adopt the provisions of this Act, which Act. shall thereupon take effect and be in force in said village of Waterloo. Meeting may Sec. 3. And the said legal voters for the purpose of procure and preventing and extinguishing fires, may at such meeting, keep in repair by a majority vote, provide and keep in repair one or Fire Engines, more fire engines, hose, hooks, ladders, engine houses et (2. & to and all apparatus usual or necessary for said purpose, and may vote to raise money for said purposes and for other necessary charges and expenses of said village, to an cost not to amount not exceeding one thousand dollars at any one exceed $1,000 time, which shall be assessed upon the taxable inhabit- ants and property of said village in the same manner which is provided by law in case of building school houses in school districts. & a tº SEC. 4. After the legal voters of said village have Organization tº tº **, . & * > . ºf "H. adopted the provisions of this Act as herein provided, Ladder Co. the trustees of said township may appoint in writing any number, not exceeding eighty, of the inhabitants of such village, members of a hook and ladder company, and such members shall elect annually, at such time as such trustees shall prescribe, one of their number as foreman, and as many assistant foremen thereof as they shall think proper, not to exceed five; but such foreman and assist: ant foremen may be removed by said trustees for good LAWS OF IOW.A. 105 and sufficient cause. And such trustees may appoint as Organization aforesaid, any number of such inhabitants not exceeding of a Fire Co. eighty-five, as members of a fire company for each fire engine procured and kept for the extinguishment of fires in said village; and such fire company may elect annu- ally at such time as the trustees shall prescribe, one of their number as foreman and as many assistant foremen as they shall deem proper, not exceeding five, but such foreman and assistant foremen may be removed by such trustees for good and sufficient cause. Such trustees may from time to time fill any vacancy that may occur in such company or companies. SEC. 5. One of the trustees of each of said town-Engineers of ships and the foreman of each company organized under Fire Depart Section four of this Act, shall compose a Board of En-ment. gineers for the Fire Department of such village, and shall choose one of their number as Treasurer, and one Treasurer, of their number as Clerk, whose duty it shall be to keep Clerk and a record of the doings of said village and of said Board 5. and to make out and certify copies thereof; and they shall also choose one of their number chairman, whose signature together with that of the clerk, to any notice for any other writing required to be given by the Board, shall be valid and sufficient. SEC. 6. It shall be the duty of the Board of Engin-Duty of En- |eers to keep or cause to be kept in order all apparatus gineers. provided by such village for the extinguishment of fires, as also the building or buildings in which such apparatus may be kept, and to cause all cisterns and fountains of water prepared for the fire department to be fully sup- plied and kept in perfect order. SEC. 7. Said Board shall have power to make such Board shall by-laws and pass such ordinances for the government of make by-laws | Such companies as may be organized under the provis- * pass ordi- ions of this Act, as they shall deem proper, not in- J1CéS. consistent with the laws of this State, or of the Uni- ted States, and may enforce such by-laws and ordi- Enforce laws. nances by penalties not exceeding twenty dollars for any offence, to be sued for in the name of the said Board and recovered for the use of the village; but no such by-law or ordinance shall prescribe any penalty for any act which shall be prohibited and for doing which a penalty shall be prescribed by the laws of this State, and no such by-law or ordinance shall take effect until two By...laws take days after it shall have been published in a newspaper effect. printed in such village, if there be one; if there be none, until four days after a printed copy thereof shall have been posted in six of the most public places in such vil- 14 106 LAWS OF IOW.A. lage, of which publication or posting an affidavit shal be made and filed with the clerk of said Board, within May regulate five days after it shall take place. They may also estab kindling fires lish such regulations respecting the kindling, guarding and safe keeping of fires, and for the removing of shavings and other combustibles from any building or place as they shall think expedient, by giving notice as aforesaid, compensatiºn and provide a reasonable compensation to be paid the oreman of each company. Treasurer SEC. 8. The treasurer shall execute a bond with two give bond sureties, in a sum to be fixed and approved by the Board and filed with the clerk thereof, for the use of the fire department of said village, and shall pay all warrants audited by the Board and signed by the chairman and attested by the clerk when sufficient funds are in the treasury, and shall in the month of September in each year, and oftener if required by said Board, render to the Board an exact account of the moneys received and from what sources the same were derived, and the amount paid out and on what account, in which all penalties re. covered by virtue of this Act shall be included. B SEo. 9. All the books and records of the Board ooks open º tº º - | to inspection. Shall at all times be opened to public inspection. Benefit, mem- SEC., 10. , All the members of any fire engine, hook ... "..."; and ladder, hose or other company organized under the Engine and provisions of this Act, shall be entitled to all the benefits Hook & Lad- and privileges conferred upon like companies in any in: der Co. corporated city or town by the provisions of Chapter fit. ty-one (51) and sixty-nine (69) of the Revision of A. D. 1860, as fully and to all intents and purposes as though said village of Waterloo was incorporated. This bill having remained with the Goyernor three days, (Sunday excepted,) the General Assembly being in session, has become a law this 3rd day of April, 1862. ELIJAH SELLS, Secretary of State. C II A P T E R 9 6. ROADS AND HIGHWAYS. AN ACT amendatory to an act entitled an Act to provide for the making and reparing of public highways and prescribing the fur ther duties of Township officers in certain cases. Approved March 23d, 1858. SECTION 1. Be it enacted by the General Assembly LAWS OF IOW.A. : 107 of the State of Iowa, That Section 907, Chapter 46 of Supervisor to the Revision of 1860, be amended so as to read as fol- keep roads in lows: It shall be the duty of the Supervisor to keep the **** roads in as good condition as the funds at his disposal will permit, and to place guide-boards at cross roads and at the forks of the roads in his district; said boards to be made out of good timber, the same to be well painted and lettered, and placed upon good substantial hard wood posts, to be set four feet in the ground, and shall be at least eight feet above ground. SEC. 2... And be it further enacted, That the Super- Compensatiºn visors shall present their accounts on final settlement with for putting up Township Trustees for putting up the same, and shall be guide boards. paid as specified in Section 909 in the act to which this is amendatory, provided there is money in the treasury to pay the same. Sec. 3. Should there be no money in the treasury on Board orders. final settlement of the Supervisors with the Township Trustees, said Trustees shall order the Township Clerk, to issue road orders for the amount due the Supervisors with whom they have settled. The orders so issued shall be numbered with the num- Orders shall ber of the District to which the Supervisor may belong be numbered. receiving the same, and shall be received the same as money in the payment of road tax in the road district for which they were issued. SEC. 4. Any Supervisor failing to perform the duties Penalty upon required by this Act, shall forfeit and pay, for the use of . the road fund in his district the sum of ten dollars, and º of it is hereby made the duty of the Township Trustees in '' case of such failure, to order the Township Clerk to pro- ceed to collect the same in the same manner as set forth in Section 900, Chapter 46 of the Revision of 1860. SEC, 5. It shall be the duty of the Township Trus-Duty oftown- tees at their annual meetings in April in each year, to ship trustees. levy a sufficient property tax, to be paid in money, to defray the necessary expenses for putting up guide boards as required by this Act, Provided, the amount so levied together with the road tax, shall not in any one year ex- ceed the sum of three mills on the dollar of taxable prop- erty. SEC. 6. It shall be the duty of the Township Clerk Duty of the in making out a tax list for each road district in his township township (as required by section 892, chapter 46) to carry clerk. out the amount of tax to be paid in money due from each individual in a separate column by itself, and it shall be the duty of the Supervisor to give notice at the same 108 LAWS OF IOW.A. time and in the same manner as is given of other road taxes. Delinqnent SEC. 7. If any of said taxes shall remain unpaid the tax. first day of October in each year, it shall be the duty of the Supervisor to collect the same, by commencing suit in his name for the use of the Township in which he resides. Non-resident SEC, 8. All of said tax due from non-residents shall taxes. be collected in the same manner as other non-resident road taxes are collected, SEC. 9. All acts and parts of acts inconsistent with this act are hereby repealed. Approved April 3d, 1862. C H A P T E R 9 7. AUCTIONEERS. AN ACT authorizing incorporated Cities, Towns, and Villages to regulate and license the sale of property by Auctioneers and tran- sient Merchants. SECTION 1. Be it enacted by the General Assembly of City corpora- the State of Iowa, That all cities, towns and villages, tions may li- now or hereafter incorporated under the laws of this . *... State, shall in addition to the powers heretofore on them ioneers and º - º transient conferred, have power to regulate and license the sale by Merchants, auctioneers and transient merchants, of property within their corporate limits, and to pass all ordinances neces. sary to exercise the authority herein granted: Provided Not to inter-said incorporations shall not interfere with sales made .*...* * by Sheriffs, Constables, Coroners, Marshals, Executors, gal Sales. g º y º 2, . - Guardians, Assignees of insolvent debtors, or any other person required by law to sell real or personal estate. Approved April 3d, 1862. C EI. A P T E R 9 8 . SIXTH JUDICIAL DISTRIOT. AN ACT fixing the times of holding Court in the Sixth Judicial District. SECTION 1. Be it enacted by the General Assembly of LAWS OF IOW.A. 109 the State of Iowa, That the times for holding Courts in Time for the Sixth Judicial District shall be as follows in each holding court €3}' . In Jefferson County, on the first Mondays in January Jefferson Co. and September; In Washington County, on the third Mondays in Jan-Washington. uary and September; In Keokuk County, on the first Mondays in February Keokuk. and October ; In Mahaska County, on the third Mondays in Febru-Mahaska. ary and October ; In Marion County, on the second Mondays in March Marion. and November ; In Jasper County, on the fourth Mondays in March Jasper. and November; In Poweshiek County, on the second Mondays in Poweshiek. April and December. SEC. 2. That all petitions, answers, notices, recogniz-Pending suits ances or other proceedings or process returnable to or not affected. pending in said District Courts for adjudication at the terms now fixed by law, shall be held returnable to and pending at the term of said Courts as fixed by this Act. SEC. 3. That all Acts, or parts of Acts, contravening Repealing. the provisions of this Act be, and the same are, hereby repealed. SEC. 4. This Act shall take effect and be in force Take effect. from and after the 15th day of July next, and not before. Approved April 3, 1862. C H A P T E R 9 9 . APPROPRIATION FOR THE INSANE HOSPITAL. A. ACT making a further appropriation for the Hospital for the DS&El C. SECTION 1. Be it enacted by the General Assembly of § - 4.7 the State of Iowa, That there is hereby appropriated out *ś Il of any money in the Treasury not otherwise appropri- y V V v - ated the sum of ten thousand dollars, to be applied to the finishing and furnishing of the Hospital for the In- same at Mt. Pleasant. The money hereby appropriated shall be paid on the order of the Trustees, which order 110 LAWS OF IOW.A. Take effect. Time for shall be audited and paid as other claims: Provided that said money so appropriated shall be drawn from the treasury only upon estimates made upon and during the progress of the work; and when materials or furniture shall have been purchased for the completion or use of such building, vouchers shall be taken and copies thereof sent to the Auditor of State, with such orders for war. rants or money as the Trustees may sign. SEC. 2. This Act being deemed of immediate im. portance by the General Assembly, the same shall take effect upon its publication in the Daily State Register and Daily Des Moines Times, newspapers published in Des Moines. Approved April 3, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 7th, 1862, and Des Moines Daily Times April 8th, 1862. ELIJAH SELLS, Secretary of State. C. H. A P T E R 1 0 (). POCAEIONTA'S COUNTY. AN ACT to fix the time for holding Court in the County of Pocahontas. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the time of holding Courts in holding court Pocahontas County shall be on the Thursday following Take effect. the Monday fixed by law for holding Court in Hum. boldt County, and said Court may continue three days, SEC. 2. This Act shall take effect from and after its publication in the Des Moines Times and the State Reg. ister, papers published in the City of Des Moines. Approved April 3, 1862. I hereby certify that the foregoing Act was published in the Des Moines Times April 12th, 1862, and in the Iowa State Register, April 13th, 1862. ELIJAH SELLS, Secretary of State. LAWS OF IOW.A. 111 O H. A. P T E R 1 0 1 . ESCHEAT. AN ACT to quiet titles to certain purchasers and occupants of land it. Webster County. WHEREAs, by order of the County Court of Webster County, certain lands as the property of the estate of Francis W. Allen deceased, were sold for the purpose of paying claims allowed by said Court against said estate, and WHEREAs, a large portion of the same has now passed into the hands of bona fide purchasers of the same for a valuable consideration, many of whom have made permanent improvements and houses thereon, and WHEREAs, the State has instituted suit against all of such purchasers, and occupying the same for the purpose of recovering the same as an escheat to the State, and WHEREAs, said suit is now pending in the District Court of Webster County, now, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the State hereby relinquish to State relin: the purchasers and the occupants of the west half of the lººs all - - ~ 1 ſº rights to cer- south-west quarter, and the west half of the north-west; i. quarter of Section No. twenty (20,) and the north-westers. quarter of the north-west quarter of Section No. seven- teen (17) in township No. eighty-nine (89.) north of range No. twenty-eight, west of the 5th Principal Me- ridian, all of her interest in and to the same ; Provided, Right of orig- that nothing herein shall be so construed as to affect in ini purch. any manner the rights of the original purchasers under er not affected such Administrator's sale, and, Provided, Jºurther, That Costs paid by all the costs shall be paid by the said defendants in pro- defendants, portion to the amount of their several interests, to be apportioned by the Clerk of the District Court of said County of Webster. SEC. 2. It shall be the duty of the Attorney General Atty. Gener, to cause the said suit to abate as to all persons to whom abate suit. the preceding Section is applicable. SEC. 3. This Act shall take effect and be in force Take effect. immediately from and after its publication in the Iowa State Register and the Des Moines Times, anything in the laws of the State to the contrary notwithstanding, 112 LAWS OF IOW.A. Taking up w provided that such publication be without expense to the State, This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 4th day of April, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Des Moines Times, April 12, 1862, and in the Iowa State Register, April 9th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 1 () 2. ESTRAYS. AN ACT to provide for the taking up of Estray animals. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That no person shall take up any un- stray animals, broken animal as a stray, between the first day of May Manner of taking up Stray. Estray notice and the first day of November, unless the same be found within his lawful enclosure ; nor shall any person take up any stray unless he be a house-holder. SEC. 2. If any horse, mule, neat cattle, sheep or hogs, liable to be taken up, come upon any person's premises, any other person may notify him of the fact, and if he fail to take up such stray for more than five days after such notice, any other person being a house. holder in the same township, may take up such stray and proceed with it, as if taken upon his own premises; Provided, That he shall produce to the Justice of the Peace proof of the service of such notice, and all per- Sons faking up stray animals shall state to the Justice, under oath, where such stray was taken up. SEC. 3. Any person taking up an estray shall, with: —how made in five days thereafter, post up written notices in three Oath. of the most public places in the township, containing a full description of such animal, and unless such stray shall have been previously reclaimed by the owner, he shall within ten days go before a Justice of the Peace in the township in which such stray was taken up, or in case there is no Justice in the township, he shall go be: fore the next nearest Justice in the County, and make oath as to where said stray was taken up, and that the DAWS OF IOW.A. - 118 marks or brands have not been altered to his knowledge either before or after the same was taken up. SEC. 4. If necessary, the Justice shall issue a sum- Justice of the mons to three disinterested householders in the township Peace issue to appear at the time and place mentioned in said notice,” to appraise the stray. The persons so summoned, * Person any two of them attending, shall take an oath that they ...". will fairly and impartially appraise said stray, and their appraise. appraisement embracing a description of the size, age, color, sex, marks and brands of the stray shall be en- tered by the Justice in a book to be kept by him for that purpose. SEC. 5. The Justice shall within ten days thereafter Justice send send a certified copy of such entry to the Clerk of the copy of notice District Court, who shall immediately enter the same in ...". an estray book, to be kept by him for that purpose. If " the appraised value of the stray exceeds ten dollars, the Clerk shall cause a copy of said entry to be posted on the Court House door, and a copy of said notice to be inserted once in some newspaper in the County, if there be one, if not, he shall cause to be posted up written no- tices in three public places in the County. SEC. 6. When the appraised value of an estray is Clerk send ten dollars or more, the Clerk shall within ten days after copy of no. receiving the notice of appraisement (unless the animal'.” shall have been previously reclaimed by the owner) for. º Ward a certified copy of the same to the public printer hereafter provided together with the amount required to pay for two insertions of said notice in the paper pub- lished by such printer. SEC. 7. The Secretary of State shall select and con- Sec. of State met with a printer to print all such advertisements of lº strays as shall be sent to him by any Clerk of the Dis. * * trict Court of the State; and the Secretary of State shall immediately after contracting with such printer, notify the Clerk of each County, of the name and residence of such printer, and the price of such advertisements. Sec. to select In making the contract the Secretary shall select an Agricultural Agricultural paper, published at the Capital, if there be paper. 006. SEo. 8. The printer thus selected shall once in each Printer pub- week issue a newspaper or printed sheet, in which he lish notices. shall give two successive insertions of all estray notices sent to him, and shall send one copy of each of such |apers issued, to the Clerk of each organized County in the State, SEC. 9. The Clerk of each County shall receive, file Clerk to file and preserve in his office all such papers sent him, to be papers. 15 114 LAWS OF IOW.A. examined by any person who may desire to see them. The Clerk is hereby required to subscribe for one copy of the paper selected by the Secretary of State for the publication of estray notices; and the amount of the subscription price shall be allowed and paid out of the * Treasury of the county. Printer's fee. SEC. 10. The public printer shall receive for each estray notice published a sum agreed upon by the Secre. tary of State in the contract, not to exceed 30 cents for each insertion. secretary to SEC. 11. The Secretary of State shall as soon as this COntract. act takes effect, contract with some printer, to print all advertisements of estrays required by law to be inserted in such paper, which contract shall terminate on the first day of January next. Such contract shall be renewed on the first day of January annually. Secretary to If a vacancy should from any cause occur in the office fii vacancy of such printer, the Secretary shall immediately fill the vacancy by a new contract. SEC, 12. When the appraised value of any estray does not exceed five dollars, no further proceedings need be had, than for the Justice to enter a description of said when right º'"). " his estray book, and if no owner appear within ...'..." six months, the right of the property shall vest in the finder upon his complying with the law, and paying all Proceedings COStS. - ~~~ * * SEC. 13. Where the appraised value of the estra When title º app stray ** exceeds five dollars and is less than ten, and the finder shall have complied with the provisions of this Act, and paid all costs, the property shall vest in him after the ex piration of nine months, if no owner appear. rees and ex SEC., 14. In all cases where an estray shall be aſ penses. praised at more than ten dollars, the finder shall in addi. tion to paying the fees of the Justice and the appraisers, advance to the Justice a sufficient amount of money to pay the Clerk’s fee, postage, and the cost of advertising, which amount shall be forwarded by the Justice to the Clerk, at the time the apportionment notice is sent, as required by this Act. All strays ta. SEO. 15. Where more than one animal is taken uſ ken at ºne , by the same person at the same time, they shall in a º: jº. cases be included in one entry and one advertisement and the Justice, Clerk, appraiser and printer shall receive no more for their services than is allowed when but Ont animal is taken up. - SEC. 16. Any person legally taking up a stray, may us Sºray may be or work it if he do so with care and moderation, and dº worked. not abuse or injure it. But if any person unlawful LAWS OF IOW.A. 115 take up any stray, or take up any stray and fail to com- ply with the provisions of this Act, or use or work it in a manner contrary to this Act, or work it before having it appraised, or shall keep such stray out of the County for Imore than five days at any one time, before he ac- quires a title to said stray, such offender shall forfeit to Penalty. the county twenty dollars, upon complaint being made by any person before a Justice of the Peace. In addition to the above penalty, the owner of the Owner recov- stray may recover of such offender, double the amounter damages. of all injury sustained, with costs. - SEC. 17. The owner of any stray may within one Owner may year from the time of taking up, prove his ownership of.” Pºp. the same before a Justice of the Peace, (and if the title” shall not have already vested in the finder by section 12 or 13 of this Act) and upon payment of all costs, the re- ward, and a reasonable allowance for keeping, he shall be entitled to recover the stray. If the owner and finder Justice act as cannot agree upon the amount of such allowance, it shall arbitrator. be settled by some Justice of the Peace, who shall take into consideration the trouble and expense incurred by the finder, and whatever use he may have had of the stray. SEC. 18. If the owner fail to claim and prove his Title vests in title to any stray for one year after the time of taking finder. up, and the finder shall have complied with this law, a complete title to the stray shall vest in the finder; but if the owner shall appear within eighteen months from the time of taking up, and prove his ownership of such stray, owner to re. and pay all costs and expenses, as above provided, the cover stray or finder shall pay him the appraised value of such stray, value thereof. or may at his option deliver up the stray. SEC. 19. If any stray legally taken up, escape from Finder not the finder, or die without any fault on his part, he shall #. not be liable for the loss. Ol' a CC1ClGIAt S, SEC, 20. If any person shall sell, or trade, or take Penalty. Out of the State, any stray before the legal title shall º have vested in him, he shall forfeit to the owner double the value of said stray; and shall be punished by fine not exceeding ninety dollars, or imprisonment in the County Jail not exceeding thirty days, SEC. 21. If any printer, Clerk or Justice of the Peace Penalty for fail to perform the duties enjoined on him by this Act, non-perform- he shall forfeit to the county not less than five nor more ºnce of duty. than fifty dollars to be sued for by any person in the County, and paid into the School Fund. SEC. 22. The person taking up any stray, shall be Reward. allowed the following reward : For every horse or mule, 116 LAWS OF IOW.A. Fees. Repealed. Adjutant General shall fifty cents; for every head of neat cattle, twenty-five cents; for all other kinds of animals, fifteen cents each. SEC. 23. The officers, printers and others mentioned in this Act, shall be entitled to the following fees for their services: The appraisers shall receive twenty-five cents each. The Justice shall receive fifty cents for ap- pointing the appraisers and making the necessary entry, certificate and return. The Clerk shall receive twenty. five cents for recording the stray notice, and forwarding a copy to the printer. The printer of the county paper shall be paid for inserting a stray notice, the price of his published or ordinary advertising rates. SEC. 24. That so much of Chapter 60 of the Revision of 1860 as relates to estray animals, be and the same is hereby repealed, excepting Article three of said Chapter. All Acts and parts of Acts inconsistent with this Act, are hereby repealed. Approved April 5th, 1862. C H A P T E R 1 0 3 . ADJUTANT GENERAL'S REPORT. AN ACT to provide for the publication and distribution of the re. port of the Adjutant General. SECTION 1. Be it enacted by the General Assembly of the State of Jowa, That on the 1st day of January, 1863, make report, the Adjutant General of this State shall make a report to the Governor of this State, of the doings of his office, which shall contain the proclamations issued by the President of the United States, in calling on the several States for volunteers; the orders of the Adjutant Gen. eral of the United States to the Adjutant General of the State of Iowa, in regard to the raising and equip: ment of volunteers; the proclamations of the Governor of this State calling for volunteers to respond to the call of the President; such orders issued by order of the Governor in relation to the raising of volunteers, as are of general interest; such other orders issued by officers of the United States, or of this State, in relation to the raising, moving, subsisting or conduct of volunteers raised in this State, as the Adjutant General may deem expedient; the names, residence, and place of nativity, LAWS OF IOW.A. }- 11 to all Field and Staff Officers appointed from this State, together with such facts in regard to their appointment, promotion, &c., as he may have or deem expedient; the maine, place of residence, nativity, place of enlistment, time of mustering into the United States service, &c., of all privates, and company officers enlisted in this State ; the names &c., of all discharged soldiers, together with the cause of discharge ; the names of all killed and wounded soldiers, together with the battle in which the same were killed or wounded, together with such official reports of the battle as may be deemed of general inte- rest; the names of soldiers enlisted in this State that have deserted, and those that have been dishonorably d'scharged ; a list of the number, kind, and quality of arms received by the State from the United States, and the disposition made of the same, together with such other facts and matters pertaining to the doings of his office, as may be of general interest. SEC. 2. The Governor shall hand the report over to Governor to the State Printer, who shall, as soon as practicable, and within fifty days thereafter, print five thousand copies of prin. said report, which, when bound in boards, shall be de-5,000 copies. livered to the Secretary of State. hand report SEC. 3. The Secretary of State shall distribute said Sec. of State report as follows: One hundred copies to the Governor; to distribute. one hundred copies to the State Library, to be used as imany as may be necessary, in exchange with other States, the balance to be kept in the State Library : twenty to the State Historical Society; one each to the Recorder, County Judge and Clerk of the District Court in each organized County in this State, to be kept in their respective offices, and delivered to their successors; two thousand copies to the Adjutant General, who shall Adjutant distribute one copy to each commissioned officer from ºlis. l • N - g ſº tºº - * * this State, and as many as may be necessary to ex- Mlilitary men. change with the Adjutant Generals of other States and of the United States, which copies received from other States, and the United States, shall be kept in his office and handed over to his successors; ten copies to each State Officer, not heretofore mentioned ; the balance to be distributed equally to the members of the present General Assembly. Approved April 5th, 1862. 118 LAWS OF IOW.A. Repealing 86t. Take effect. O H. A. P T E R 1 0 4. . IMUSCATINE ISLAND. AN ACT to repeal Chapter 68 of the Laws of the Seventh General Assembly. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That an Act entitled an Act to pro- vide for levying a tax on certain lands to complete and keep in repair a levee on Muscatine Island, and for the election of a Levee Commissioner, to superintend the same, and all Acts amendatory thereto be, and the same are, hereby repealed, SEC. 2. This Act shall take effect as to the office of Commissioner, from and after its publication ; and as to the levy of taxes from the time when the Boards of Su- pervisors of the counties of Muscatine and Louisa declare that sufficient money has been levied and collected to pay the outstanding debts. Approved April 5th, 1862. C H A P T E R 1 0 5 . SENATORIAL DISTRICTS. AN ACT to apportion the State into Senatorial Districts. SECTION 1. Be it enacted by the General Assembly of Ratio-17,200 the State of Iowa, That the ratio for the apportionment inhabitants. 1st district. 2d district. 3d district. 4th district. 5th district. of the State into Senatorial Districts shall be one Sena- tor for each seventeen thousand two hundred inhabitants or fraction thereof exceeding one-half in each Senatorial District. SEo. 2. The County of Lee shall constitute the first district and shall have two Senators. SEo. 3. The County of Van Buren shall constitute the second district and shall have one Senator. SEC. 4. The County of Davis shall constitute the third District and shall have one Senator. SEo. 5. The County of Appanoose shall constitute the fourth district and shall have one Senator. SEo. 6. The Counties of Wayne, Lucas and Clark LAWS OF IOW.A. . 119 shall constitute the fifth district and shall have one Sen- ator, and the votes for Senator in said district shall be canvassed at the County Seat of Lucas County. SEO. 7. The County of Decatur shall constitute the 6th district. sixth district and shall have one Senator. SEC. 8. The Counties of Ringgold, Taylor, Page. 7th district. Union, Adams and Montgomery, shall constitute the sev- enth district and shall have one Senator, and the votes for Senator in the seventh district shall be canvassed at the County Seat of Taylor County. SEC. 9. The Counties of Fremont, Mills, Cass and 8th district. Pottawattamie shall constitute the eighth district and have one Senator, and the votes for Senator in the eighth district shall be canvassed at the County Seat of Mills County. SEC. 10. The County of Des Moines shall constitute 9th district. the ninth district and shall have one Senator. SEC. 11. The County of Henry shall constitute the 10th district. tenth district and have one Senator. SEC. 12. The County of Jefferson shall constitute 11th district. the eleventh district and have one Senator. # SEO. 13. The County of Wapello shall constitute the 12th district. twelfth district and have one Senator. SEC. 14. The County of Monroe shall constitute the 13th district. thirteenth district and have one Senator. SEC. 15. The County of Louisa shall constitute the 14th district. fourteenth district and shall have one Senator. SEC, 16. The County of Muscatine shall constitute 15th district. the fifteenth district and shall have one Senator. SEC. 17. The County of Washington shall constitute 16th district. the sixteenth district and have one Senator. SEC. 18. The County of Keokuk shall constitute the 17th district. Seventeenth district and shall have one Senator. SEO. 19. The County of Mahaska shall constitute the 18th district. eighteenth district and have one Senator. " SEC. 20. The County of Marion shall constitute the 19th district. nineteenth district and shall have one Senator. SEo. 21. The County of Warren shall constitute the 20th district. twentieth district and shall have one Senator. SEo. 22. The Counties of Madison, Dallas, Guthrie, 21st district, and Adair, shall constitute the twenty-first district and shall have one Senator, and the votes for Senator in this district shall be canvassed at the County Seat of Madi- son County. SEO. 23. The County of Scott shall constitute the 22d district. twenty-second district and shall have two Senators. SEo. 24. The County of Clinton shall constitute the 23d district. twenty-third district and have one Senator. 120 . LAWS OF IOW.A. f 24th district. 25th district. 26th district. 27th district. 28th district. 29th district. 30th district. 31st district. 32d district. 33d district. 34th district. 35th district. 36th district. 37th district. 38th district. 39th district. 40th district. 41st district. SEs. 25. The County of Cedar shall constitute the twenty fourth district and have one Senator. SEC. 26. The County of Johnson shall constitute the twenty-fifth district and shall have one Senator. SEC. 27. The Counties of Iowa and Poweshiek shall constitute the twenty-sixth district and have one Senator, and the votes for Senator in said district shall be can. vassed at the county seat of Iowa county. SEC. 28. The County of Jasper shall constitute the twenty-seventh district and shall have one Senator. SEC. 29. The County of Polk shall constitute the twenty-eighth district and shall have one Senator. SEC. 30. The County of Jackson shall constitute the twenty-ninth district and have one Senator. SEC. 31. The County of Jones shall constitute the thirtieth district and have one Senator. SEC. 32. The County of Linn shall constitute fle thirty-first district and have one Senator. SEC. 33. The Counties of Benton and Tama shall constitute the thirty-second district and have one Sena. tor, and the votes for Senator in this district shall be can. vassed at the County Seat of Benton County. SEC. 34. The Counties of Marshall, Story, Boone, Hamilton and Greene, shall constitute the thirty- third district and have one Senator, and the votes cast for Senator in said district shall be canvassed at the County Seat of Story County. SEC. 35. Dubuque County shall constitute the thirty- fourth district and shall have two Senators. SEC. 36. The County of Delaware shall constitute the thirty-fifth district and have one Senator. SEO. 37. The Counties of Buchanan and Bremer shall constitute the thirty-sixth district and have one Sen- ator, and the votes for Senator in said district shall be canvassed at the County Seat of Buchanan County. SEC. 38. The County of Clayton shall constitute the thirty-seventh district and shall have one Senator. SEc. 39. The County of Fayette shall constitute the thirty-eighth district and have one Senator. SEc. 40. The Counties of Hardin, Grundy, Black. hawk, Butler and Franklin, shall constitute the thirty- ninth district and shall have one Senator. The votes for Senator in this district shall be canvassed at the County Seat of Butler County. SEo. 41. The County of Alamakee shall constitute the fortieth district and shall have one Senator. SEC. 42. The County of Winneshiek shall constitute the forty-first district and shall have one Senator. LAWS OF IOW.A. 121 SEO. 43. The Counties of Howard, Mitchell, Worth, 42d district. Cerro Gordo, Floyd and Chickasaw, shall constitute the forty-second district and shall have one Senator. The votes for Senator in the forty-second district shall be can- wassed at the County Seat of Floyd County. tº a tº SEc. 44. The Counties of Harrison, Shelby, Audu. 43d district. ibon, Monona, Crawford, Carroll, Woodbury, Ida, Sac, Calhoun, Webster, Plymouth, Cherokee, Buena Vista, Winnebago, Hancock, Wright, Pocahontas, Humboldt, Sioux, O’Brien, Clay, Palo Alto, Kossuth, Emmett, Dick- inson, Osceola and Buncombe shall constitute the forty- third district, and shall have one Senator. The votes for Senator in the forty-third district shall be canvassed at the County Seat of Sac County. SEC. 45. No district herein formed shall be repre- sented in the next General Assembly by a greater num- ber of Senators than herein provided. SEC. 46. All Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved March 5th, 1862. C H A P T E R 1 0 6 . NOTARIAL ACTS OF WIM. L. WOOD LEGALIZED. AN ACT to legalize the acts of Wm. L. Wood, a Notary Public in and for Lee County. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all official Acts done and per- formed by Wm. L. Wood, as Notary Public under ap- pointment by the Governor of this State, in and for Lee County, be and the same are hereby declared as legal and binding in law and equity as if the said Wm. L. Wood had caused his commission to be filed and recorded, and had given bond as required by law, before performing any such official acts. This Bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 7th day of April 1862, ELIJAH SELLS, Secretary of State. 16 122 LAWS OF IOW.A. O H A P T E R 1 0 7. NOTARIAL ACTS OF E. K. EIART LEGALIZED. AN ACT to legalize the acts of E. K. Hart, a Notary Public in and for Lee County. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all official acts of E. K. Hart. done and performed by him as Notary Public in and for Lee county, under an appointment by the Governor of this State be and the same are hereby declared to be as legal and binding in law and in equity, as if the said E. K. Hart had caused his commission to be filed and recorded, and had executed and filed his bond as required by law before performing any such official acts. This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 7th day of April, 1862. ELIJAH SELLS, Secretary of State, C H A P T E R 1 () 8 . FUNDING OUTSTANDING COUNTY WARRANTS. AN ACT to allow organized counties to fund their outstanding WarrantS. SECTION 1. Be it enacted by the General Assembly of Board of Su- the State of Iowa, That in any organized county in this pervisors sub-State, that has outstanding warrants which exceed in ºn the aggregate the sum of one thousand dollars, over and above the amount of money then in the treasury that can be used in payment of said warrants, it shall be law. ful for the Board of Supervisors of said County, a ma- jority of all the members of the Board voting therefor, to make an order submitting to the voters of the county at the next general election, the question whether said county will fund its outstanding indebtedness, and if a majority of all the votes, cast, shall be in favor of fund. Holder of ing said indebtedness, the Board of Supervisors shall Warrant, then make an order allowing the persons lolding such warrants to return the same to the Treasurer of said county, and receive bonds of said county in lieu there: for : Provided, that the provisions of this Act shall not LAWS OF IOW.A. 123 pply to any indebtedness hereafter incurred, or war- ants hereafter issued. SE3. 2. That when the Board of Supervisors of any Co. bonds. lounty shall have made the order mentioned in section ine of this Act, they shall cause to be issued bonds of he County in such sums, due at such time, and bearing inch rate of interest as the Board shall determine: Pro- Wided, that such bonds shall contain the name of the County and State; the amount for which the same shall be taken ; the date of the order authorizing he issuance of said bonds; the rate of interest they hall bear, and shall be numbered consecutively and igned by the Chairman of the Board, and attested by he Clerk, with his seal thereto affixed: Provided fur- º that no bonds shall be issued for any other sums han fifty dollars and one hundred dollars, nor become jue in less than two nor run more than ten years, and in no case bear more than six per cent. interest, and the interest shall be paid annually. | SEC. 3. When said bonds are executed, as provided Bonds deliv- n this Act, they shall be delivered to the Treasurer of . to Treas- the county, and his receipt taken therefor. º | SEC. 4. The Clerk of the Board of Supervisors shall Record of keep, in a book provided for that purpose, a record of bonds. º bonds so issued and delivered to the Treasurer, which record shall state the date, number, amount, and rate of interest of each bond, and in which at each meeting of the Board of Supervisors, he shall enter on the margin of the record the date of issuance, and the person to whom issued, of each bond as shown by the report of the Treasurer. SEC. 5. The Treasurer shall, after receiving said Treasurer to bonds, when any person presents to him for that pur-Sºº Yº pose, warrants of the amount of any sum for which ... bonds have been issued, receive said warrants, and shall lieu. endorse on the face of the same as provided in section 755 of the Revision of 1860, and write across the back ºf the same, “canceled by delivering county bond No.—” (here insert the number of the bond) and the date of he reception of the same, and sign his name with the Word Treasurer, and shall issue to said person a bond or bonds for the amount of the same, adding to the bond he date of its issuance, and write his name and the word Treasurer across the face of said bond, and no bond hall draw interest, except from the date of its issuance. SEC. 6. In case the amount of said warrant or war- ants exceeds the amount for which bonds can be issued, º he Treasurer shall give to the person a certificate which cat. 124 LAWS OF IOW.A. shall state the amount due said person, the date and number of the warrant for which it is given as a balance and the date and number of the bond that was issued tº the holder thereof in payment for said warrant, which Clerk draw certificate shall be presented to the Clerk of the Board Warrant of Supervisors, and he shall draw a warrant for the sum so certified to him, and file the certificate in his office as the voucher therefor. | Treasurer to SEC. 7. The Treasurer shall keep in a book to be keep a special provided for that purpose, a record similar to the one *ord book provided in section four of this Act, to be kept by the Clerk of the Board of Supervisors, in which shall be em. tered in addition to the matters herein specified, the date, number and amount of each warrant received by him in exchange for such bond. Treasurer SEC. S. The Treasurer shall immediately transmit tº give to Clerk the Clerk of the Board of Supervisors the warrants thus º * received and endorsed by him, and the Clerk shall exam. .." ine the same, and if found correct, give the Treasurer a receipt therefor, stating the amount for which bonds were issued, and the amount for which a new warrant was drawn, and file the warrants in his office for the inspec. tion of the Board of Supervisors at their next meeting. Board of Su- SEC. 9. At each meeting of the Board of Supervisors pervisors ex: they shall examine the warrants then in the hands of the * W* Clerk, and if found to correspond with the number and amount of the bonds issued by the Treasurer, they shall be treated as other canceled warrants. Tax assessed SEC. 19. The Board of Supervisors shall, in each to pay inºr year, during the time they have any of the above out est on bonds, standing bonds, assess a sufficient tax on all the taxable property in the county, in addition to the other taxes tº be raised, a sum sufficient to pay the interest on said bonds. payment of , SEC, 11. When the interest on any bond becomes interest on due, the holder thereof may present the same to the bonds. Clerk of the Board of Supervisors, who shall endorse on the back of the same, “one year's interest paid,” with his name and the date of payment, and shall issue to the holder of said bond, a warrant on the Treasurer for the amount so found due, which shall be paid in the Order of their issuance. Supervisor SEO. 12. At the time the bonds so issued become may order tº due, the Board of Supervisors may, if they deem it for ***the interest of the county so to do, make an order direct ing the Clerk to notify the persons holding such bonds, to return the same for payment. Said bonds shall not draw interest after thirty days from the date of actual LAWS OF IOW.A. 125 notice under this order on the holder of the bond. SEc. 13. Be it further enacted, That where any or- Legalize the ganized county has heretofore funded her outstanding funding of §arrants in the manner provided in this Act, or in any W*. manner not inconsistent with the provisions of this Act, the same is hereby declared to be valid, and as binding on the parties thereto, as though made in pursuance of pºsitive law. SEC. 14. If any organized county in this State has New bonds to issued bonds in exchange for her outstandiug warrants, issue. and the same have not been issued in accordance with the provisions of this Act, the holders of said bonds may return the same, and the proper officers may issue new bonds in accordance with the provisions of this Act, and the same shall be binding on all parties thereto, the same as though the holder thereof had exchanged county war- rants therefor. SEC. 15. Nothing in this Act shall be construed to Construction legalize the issuing of any bonds for railroad or other of this Act. purposes for which county bonds are authorized to be issued, nor shall any Board of Supervisors or any Treas- urer be allowed to issue bonds under the provisions of his Act for outstanding county warrants that were ob- tained by fraud, or the validity of which is in dispute, nor shall the Treasurer or any officer sell such bonds for Cash, but the same shall only be used for the purpose of funding outstanding county warrants issued by the County for ordinary county purposes, and in good faith. SEC. 16. The Board in issuing said bonds, shall make Provisions provisions in the order for the said bonds to become due ºrity t * , * . º of bonds. in a ratio to be fixed by the Board, so that a certain per Centum of the whole amount shall come due in two years after their issuance, and a certain per centum each year thereafter, until the whole are paid. Approved April 7th, 1862. C H A P T E R 1 0 9, RELIEF OF WOI,UNTEERS. AN ACT to repeal Chapter seven of the laws of the State of Iowa, passed at the Extra Session of the Eighth General Assembly, enti- tled “An Act for the relief of the volunteer soldiers of this State.” SECTION 1. Be it enacted by the General Assembly of 126 LAWS OF IOW.A. Chapter 7 re- the State of Iowa, That Chapter seven of the laws pealed. Continuance fo action. the State of Iowa, passed at the Extra Session of th: Eighth General Assembly, entitled “An Act for the re. lief of Volunteer soldiers of this State,” be and the same is hereby repealed, and that there be enacted in lieu thereof, the following: | That in all actions now pending, or hereafter brough: in any of the Courts of this State, or before any Justics of the Peace, it shall be a sufficient cause for a continu. ance, on motion of the defendant, his agent or attornº, if it shall be shown to the satisfaction of the Court & Justice of the Peace, that the defendant is in the actual military service of the United States, or of this State and that said action shall stand continued during the act. ual service of said defendant in the military service. SEC. 2. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 3. This act being deemed of immediate iº tance, shall take effect from and after its publication in the Weekly State Register and Weekly Des Moines Times. : Approved, April 7, 1862. I hereby certify that the foregoing Act was published in the De Moines Times April 19th, 1862, and in the Iowa State Register Am 15th, 1862. ELIJAH SELLS, Secretary of State. | : i | O H. A. P. T. E. R. 1 1 0 . TAXES A LIEN UPON REAL ESTATE. AN ACT fixing the time when taxes shall become a lien on Real Estate. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That hereafter all taxes upon real estate, shall, as between vendor and purchaser, become a lien upon such real estate, on and after the first day of November of each year. Approved April 7th, 1862. LAWS OF IOW.A. 127 O H A P T E R 111. MECHANICs’ LIENS. AN ACT to amend section 1851 of Revision of 1860, relating to Mechanics' Liens. SECTION. 1. Be it enacted by the General Assembly of the State of Iowa, That the following words are hereby added to Section eighteen hundred and fifty-one of Re- vision of 1860, to-wit: “But the failure to file the claim, account, settlement or demand, in the time named in this section and in section 1847, shall not operate to de- feat the claim or demand, nor the lien of the person Sup- plying the labor or material, as against the owner, nor the contractor, nor as against any one except purchasers or incumbrancers, without notice, whose rights accrued af. ter the ninety days and before the account, or settlement, or claim, or lien is filed. Approved April 7th, 1862. C EI A P T E R 1 1 2 BRIDGES. AN ACT to amend Chapter 46 of the Revision of A. D. 1860, in re- lation to Bridges. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section eight hundred and Amend Sec. twenty-three (823) of Chapter forty-six (46) of the Revis-8% ion of 1860, is hereby amended so as to make it the duty of the Board of Supervisors of each county in the State to prohibit any person from riding or driving faster than a walk across any bridge maintained at the public charge, under the following penalties, to-wit : When the bridge is twenty-five feet in length, and does Penalties. not exceed one hundred feet, the sum of one dollar for each offense ; when the bridge is over one hundred feet in length, and does not exceed two hundred feet, the sum of three dollars for each offense; when the bridge is over two hundred feet in length, and does not exceed three hundred feet, the sum of five dollars for each of fense, and the further additional sum of one dollar for 128 LAWS OF IOW.A. each offense, for every one hundred feet in length there. after. i Penalty re- The penalty herein may be recovered by civil action COWered. before any Justice of the Peace, in the name and for the use of the County in which said bridge is wholly or partly situated. All bridges SEC. 2. The provisions of this Act shall be so con. included. Strued as to include all bridges owned by any private corporation, company, or individual, and maintained at their expense, whenever the owner or owners thereof shall make application to the Board of Supervisors of the County in which the bridge is wholly or in part sit. uated, and when the prohibition is granted and the pen. alty annexed by the Board as herein provided, it shall be lawful for such owner or owners to recover before any Justice of the Peace in his or their own name, and for his or their benefit, the penalty so fixed. - Notice posted SEC. 3. Notices prohibiting any person from riding or driving faster than a walk, and the amount of the pen. alty attached, must be conspicuously posted at each end of such bridge. SEC. 4. All laws inconsistent with this Act are here. by repealed. SEo. 5. This Act being deemed of immediate impor. tance, shall take effect from and after its publication in the Daily State Register, and the Des Moines Daily Times, papers published at Des Moines City, Iowa. Approved April 7th, 1862, I hereby certify that the foregoing Act was published in the Daily State Register April 17th, 1862, and in the Des Moines Daily Times April 18th, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 1 1 3 . PROPERTY OF WOLUNTEERS EXEMPT FROM S.A.L.E. AN ACT to exempt the property of Iowa Volunteers in the Military service of the United States from levy or sale. Exempt from, sº ſº Be it enacted by the General Assembly of sºoperty the State of Iowa, That the individual property of every of volunteers, volunteer soldier from the State of Iowa, in the actual military service of the United States, and not above the LAWS OF IOW.A. - 129 rank of Captain, shall be and is hereby declared exempt during the time he shall be in said service, and two months thereafter, from levy or sale under or by virtue of any deed of trust or mortgage of any description what- ever, or under or by virtue of any execution or order of sale issued on or by virtue of any judgment or decree rendered or hereafter to be rendered by any of the Courts of this State : Provided, such exemption shall not continue longer than four months after the termina- tion of the present war; and provided further, that when property has been duly levied on and sold or dis- posed of before the officer selling or disposing of the same had knowledge of the passage of this Act, the same proceedings shall be had as if this Act had not been passed, and that in all other cases where property has been levied on, it shall be restored to the party from whom taken, and the levy discharged, and the costs that have accrued shall, if in the District Court, be entered in the judgment docket and fee book, and if in the Jus- tice's Court, in his docket, and thereafter become a part of the judgment. SEC. 2. It shall be the duty of the Secretary of State, Sec, of State as soon as this Act takes effect, to send by mail a news send slips. paper or printed slip containing it, to every Sheriff in the State. SEC. 3. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 4. This Act being deemed of immediate im- portance, shall take effect from and after its publication in the Iowa Daily State Register and the Des Moines Daily Times. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register, April 15, 1862, and in the Des Moines Daily Times April 16, 1862. ELIJAH SELLS, Secretary of State. O H. A. P T E H 1 1 4 . THIRD JUDICIAL DISTRICT. AN ACT fixing the times of holding Courts in the Third Judicial District. SECTION 1. Be it enacted by the General Assembly of 17 130 LAWS OF IOW.A. Cass, Potta- the State of Iowa, That the District Courts within and Waitamie, for the Third Judicial District of this State, shall be *ills, ºr held at the time and places herein designated : . mont & Page \ Y S-) : COunties. In the county of Cass, on the Thursday next preced. ing the last Monday in January and July of each year. At Council Bluffs, in the County of Pottawatamie, on the last Monday in January and July of each year. At Glenwood, in Mills County, on the third Monday in February and August. At Sidney, in the County of Fremont, on the first Monday in March and September. At Clarinda, in the county of Page, on the third Mon. day in March and September. Taylor. At Bedford, in Taylor county, on the fourth Monday in March and September. At Mount Ayr, in the county of Ringgold, on the first Thursday after the fourth Monday in March and Sep. tember. At Leon, in the county of Decatur, on the first Mon. day after the fourth Monday in March and September. At Osceola, in the County of Clark, on the third Thursday after the fourth Monday in March and Sep. tember. At Afton, in the County of Union, on the fourth Mon- day after the fourth Monday in March and September. At Quincy, in the County of Adams, on the fourth Thursday after the fourth Monday in March and Sep. tember. At Frankford, in the County of Montgomery, on the fifth Monday after the fourth Monday in . and Sep. tember. SEC. 2. All writs, processes and proceedings pending in any of said Courts, and returnable at the terms now fixed by law, shall be deemed pending and returnable at the terms as fixed by this Act, and no suit, notice, re- cognizance, indictment or other proceeding, shall be quashed or held to be invalid by reason of this Act, or by reason of the change of the terms of Court hereby made. 4 Attendance of SEC. 3. The Judge of said District may, if deemed JurorS. advisable by him, order the Jurors summoned to attend at any term of the Courts in said District, to appear on the first or some subsequent day of the term. e i º Adjourned SEO. 4. Should the causes pending in the District term. Courts of any of the counties of said District remain undisposed of for want of time sufficient being allowed for the term of Court in such County, under this Act, the Judge of said Distric; may order and hold an ad. Ringgold. Decatur. Clarke. Union. Adams. Montgomery. Return. LAWS OF IOW.A. 131 journed term for the disposition of such business as may be so pending, and the announcement in open Court at the term at which such adjourned Court shall be deter- mined upon, and an entry thereof made in record, shall be sufficient notice to all persons interested therein. SEC. 5. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 6. This Act being deemed of immediate im- portance by the General Assembly, shall take effect and he in force from and after its publication in the Iowa Daily State Register, and Daily Des Moines Times, any thing in the laws of this State to the contrary notwith- standing. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Des Moines Daily Times, April 18th, 1862, and in the Daily State Register, April 19th, 1862. - ELIJAH SELLS, Secretary of State. C EI A P T E R 1 1 5 . GAME. AN ACT to amend the Acts to protect game. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That whereas Chapter one hundred and forty-seven of the Acts and Resolutions passed at the regular session of the Seventh General Assembly enacted “That so much of an Act entitled an Act to pro- lect game, approved January 12th, 1857, be and the same is hereby amended, &c.,” and whereas said Act to pro- lect game was approved January 28th, 1857, the said Chapter one hundred and forty-seven is so amended that the words, approved January 12th, 1857, shall read, ap- proved January 28th, 1857, SEC. 2. That Chapter one hundred and forty-seven ºf the Acts and Resolutions passed at the regular session ºf the Seventh General Assembly, and Section forty- three hundred and eighty-one of the Revision of 1860, he and the same are hereby so amended that it shall be unlawful, except upon his own premises, for any person to kill, ensnare or trap, any woodcock, between the first day of January and the first day of July, of each and Change date of approval. |Unlawful to take game. 132 LAWS OF IOW.A. Penalty. every year; any quail, ruffled grouse, or pheasant, or wild turkey, between the first day of January and the first day of September of each, and every year, any decº fawn or elk, between the first day of January and the first day of September of each and every year; any prairie hen or chicken between the first day of February and the first day of August in each and every year. SEC. 3. Section forty-three hundred and eighty-three of the Revision of 1860, is hereby amended in the lat. ter clause thereof so as to read, “and five dollars for any bird of game above mentioned, thus killed, trapped, eñ. Snared, bought, sold or held in possession. Approved March 21st, 1862. C H A P T E R 1 1 6. DAYS OF GERACE. AN ACT to repeal Section 1814 of the Revision of 1860, and to enact in lieu thereof a substitute, relating to proceedings to be observed in the acceptance and payment of bills and notes. SECTION 1. Be it enacted by the General Assembly of Repeal of sec, the State of Iowa, That section 1814 of the Revision 1814. Holidays. of 1860 be, and the same is hereby repealed, and in lieu thereof there be adopted as section 1814 of the Revision of 1860, the following words, to wit: The following days, viz.: The first day of the week, called Sunday; the first day of January; the fourth day of July; the twenty-fifth day of December; and any day appointed or recommended by the Governor of this State, or by the President of the United States, as a day of fasting or of thanksgiving, shall be regarded as holidays for all purposes relating to the presenting for payment or ac: ceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks and promis sory notes; and any of such obligations (or such as are de nominated bank or mercantile paper) falling due on any of the days above named, shall be considered and treated as and falling due on the succeeding day. . - Approved April 7th, 1862. LAWS OF IOW.A. 133 C EI A P T E R 1 1 7. WARDEN OF PENITENTIARY. AN ACT to confer additional power on the Warden of the Peni, tentiary. | : SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be the duty of the War-Warden to den of the Penitentiary to have the supervision of the Superintend. workshops of the prison, and by himself and deputies to regulate and control the disposition of material and manufactured articles, within the walls of the prison, and so to control said matters as shall be for the best in- terest of the State, and for the security of the public property against fire or damages, and as shall best sub- serve the discipline of the prison. SEC. 2. This Act to take effect and be in force from and after its publication in the State Register and Des Moines Times. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 15, 1862, and in the Des Moines Times April 19th, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 1 1 8 . LEGALIZING ACTS OF JAMES N. MILES. |AN ACT to legalize the acts of James N. Miles, a Notary Public of . Clinton County, Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That, whereas James N. Miles, a No- tary Public of Clinton County, Iowa, after being re-com- missioned as Notary Public on the 29th day of August, A. D. 1860, neglected to qualify and have said new ºmmissiºn recorded according to law, until the 18th day of March, A. D. 1861, therefore all of the official acts of said James N. Miles, done by him between said 39th day of August, A. D. 1860, and said 18th day of March, A. D. 1861 be, and the same are, hereby legal-Legalize acts 134 LAWS OF IOW.A. Repeal of chapter 22. Bond. ized, and made as valid as if said James N. Miles had Qualified and had his commission recorded within the time prescribed by law. SEC. 2. This Act being deemed of immediate im, i.” shall take effect and be in force upon its pub. ication in the De Witt Standard and Lyons Mirror, newspapers printed in Clinton County, provided the same be done without expense to the State. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Lyons Mirror April 26th, 1862. ELIJAH SELLS, Secretary of State. O H. A P T E R 1 1 9. county JUDGES’ BOND. AN ACT to amend an Act entitled An Act to require County Judge to give bond. SECTION }. Be it enacted by the General Assembly of the State of Iowa, That Section two hundred and seven. ty-seven, Chapter 22, of the Revision of 1860, be and is hereby repealed, and that the following be substituted in the place thereof, viz: That every County Judge here. after elected shall previous to entering upon the duties of his office enter into bond, with two or more good and suffi. cient Sureties, in a sum not less than ten thousand dollars, to be fixed by the County Board of Supervisors, condi. tioned for the faithful discharge of his duties as such Judge, which bond shall be approved by the Board of Supervisors and shall be filed with and kept by the County Treasurer. Approved March 7th, 1862. C H A P T E R 1 2 0. PROTECTION OF FRUIT. AN ACT for the protection of fruit. SECTION 1. Be it enacted by the General Assembly ºf LAWS OF IOW.A. 135 the State of Iowa, That if any person or persons shall Taking fruit. maliciously or mischievously enter the enclosure of any person and pick, destroy or carry away any apples, pears, peaches, plums, grapes, or other fruit of any tree, shrub, bush or vine, he shall be deemed guilty of larceny and on conviction thereof shall be punished and dealt with according to the provisions of Revision of 1860, in such cases made and provided. SEC. 6. All Acts and parts of Acts in conflict with this Act are hereby repealed. Approved April 7th, 1862. C H A P T E R 1 2 1 . STOLEN PROPERTY. AN ACT to amend Section 4246 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section 4246 of the Revision of Amend sec. 1860, be amended so as to read as follows, to-wit: If £3, R. iść0. any person buy, receive, or aid in concealing any money, goods, or any property, the stealing of which is declared to be larceny, or property obtained by robbery or bur- glary, knowing the same to be so obtained, he shall be punished, when the value of the property so obtained exceeds the sum of twenty dollars, by imprisonment in the Penitentiary not more than five years, or by fine not exceeeding five hundred dollars and imprisonment in the county jail not more than one year; and when the value of the property so obtained does not exceed the sum of twenty dollars, by fine not exceeding one hundred dol- lars, or by imprisonment in the county jail not exceeding thirty days. Approved April 7th, 1862. 136 LAWS OF IOW.A. o H A P T E R 122. TAX IN TOLEDO TOWN, TAMA COUNTY. AN ACT to amend an Act entitled an Act to amend an Act to con. ſer certain powers on towns and cities for school purposes. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the electors of the District §.º.o.º. Township of Toledo, Tama County, and State of Iowa purposes. formed under “An Act to amend an Act to confer cer. tain powers on towns and cities for school purposes,” ap proved February 26th, 1860, and composed of the town of Toledo and certain territory contiguous thereto, are hereby authorized to hold a special meeting on the 8th day of May, A. D. 1862, of which ten days previous no. tice shall be given by the Board of Directors, for the pur. pose of voting a tax for school house purposes, not ex. ceeding five mills on the dollar on the taxable property of said District. SEC. 2. This Act shall take effect and be in force from and after its publication in the Daily State Register, published at Des Moines, and the Iowa Transcript, pub lished at Toledo, without expense to the State. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 15, 1862, and in the Iowa Transcript. ELIJAH SELLS, Secretary of State. O H A P T E R 1 2 3. T-BOORDING POWERS OF ATTORNEY. AN ACT in relation to recording powers of Attorney for the con- veyance of Real Estate. SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That powers of attorney hereafter ex- ecuted giving authority to any person to execute instru: ments of writing affecting the title to real estate, shall be held to be instruments affecting the title to real estate, and the provisions of Chapter ninety-six of the Revision of 1860, shall apply to them as such ; and such powers LAWS OF IOW.A. 137 of attorney shall be recorded before the recording of the deeds executed by virtue of them, shall be held to be notice. Approved April 7th, 1862. O H. A. P T E R 1 2 4. . LAWS NINTH GENERAL ASSEMBLY. AN ACT to provide for the publication and distribution of the laws of the Ninth General Assembly of the State of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Secretary of State shall No. of copies. cause to be published twenty thousand copies of the Acts, Joint Resolutions and Memorials passed at the Ninth Regular Session of the General Assembly of the State of Iowa. SEO. 2. It shall be the duty of the State Printer * Printing of complete his part of the work on said laws, within sixty ...” “ days after the copy has been furnished him by the Sec- retary of State. SEo. 3. It shall be the duty of the State Binder to pinding of have said twenty thousand copies of said laws bound iº.” and ready for delivery to the Secretary of State, within forty days after the State Printer has completed his part of the work on said laws. SEC. 4. It shall be the duty of the Secretary of State to prepare a manuscript copy of the laws passed at said Ninth Session of the General Assembly, arranged in Chapters and numbered in the order of their approval, with marginal notes, and with a full and complete index. Said Secretary of State shall superintend the publication and distribute said laws as follows: To each State and Territory two copies; to the State Library, fifty copies; to the State Historical Society, eighty copies; said copies for the State Historical Society, the State Library and exchanges with the States and Territories, shall be bound in sheep; to each officer, member and reporter of said General Assembly, two copies; to the publisher of each newspaper in the State, one copy; fifteen thousand cop- ies to be distributed to the several organized counties of this State, in the ratio of population, delivering to no County a less number than ten copies to each organized Sec. of State prepare copy. 18 138 LAWS OF IOW.A. Secretary's Compensati'n Sale, township in said county; the laws for the several coun. ties, shall be delivered to the Clerk of the Board of Su. pervisors, and by the said Clerk of the Board of Super. visors, to be distributed to the county and township of ficers. SEC. 5. The Secretary of State shall receive for su. perintending the publication, preparing marginal notes, indexing and distributing under the provisions of this Act, fifteen hundred dollars, or so much thereof as may be necessary, to be determined by the actual disburse. ments, to be audited on bills of items to be presented by such Secretary to the Auditor, to be audited and paid out of any money in the Treasury not otherwise appor. riated. p SEC. 6. The Secretary of State and the Clerk of the Board of Supervisors in the several counties in , this State are hereby authorized to sell the remaining copies of said Acts of the Ninth General Assembly, for the sum of fifty cents per copy. The proceeds of such sale shall be accounted for and paid over in the same man. ner as the proceeds from the sale of the Revision of 1860, and accounted for and paid into the State Treasury. SEC. 7. This Act being deemed of immediate im: portance, shall take effect from and after its publication in the Daily State Register and Des Moines Daily Times Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 15th, 1862, and in the Des Moines Daily Times April 16th, 1862. ELIJAH SELLS, Secretary of State. O H. A. P T E R 1 2 5 . SETH ANDERSON's AOTS. AN ACT to legalize certain acts of Seth Anderson, County Judge of Wayne County, Iowa, in the sale and conveyance of certain town lots in the town of Corydon, Iowa. WHEREAs, Seth Anderson, in the capacity of County Judge of Wayne County, Iowa, did, at divers times, sel and convey certain town lots, in the town of Corydon, in said County, to one Seth Anderson, and, g WHEREAs, The said Seth Anderson, then being said County Judge, and, LAWS OF IOW.A. - 139 WHEREAs, Said acts and sales being illegal, SECTION 1. Therefore, Be it enacted by the General As- sembly of the State of Iowa, That all the sales and con- veyances of town lots, in the town of Corydon, Wayne County, Iowa, made by Seth Anderson, in the capacity of County Judge, of said County, to Seth Anderson, be and the same are hereby legalized and confirmed, any informality to the contrary notwithstanding. SEC. 2. This Act being deemed of immediate im- portance, to take effect from and after its publication in the Daily Des Moines Times and Daily Iowa State Reg- ister, without expense to the State. Approved, April 7, 1862. I hereby certify that the foregoing Act was published in the Daily Slate Register April 15, 1862, and in the Des Moines Daily Times, April 16th, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 1 2 6 . TNIVERSITY LAND GRANT. AN ACT to secure the remainder of the University Land Grant. SECTION 1. Be it enacted by the General Asssembly of the State of Iowa, That the Governor of this State is governor hereby authorized and requested to adopt the necessary to select. measures to select and obtain the remaining one hundred and twenty-two acres and six-hundredths of land to which the State is entitled under the grant known as the Uni- versity Land Grant, under the Act of Congress of July 20th, 1840. Approved April 7th, 1862. C H A P T E R 1 2 7. JOURNALS NINTEI GRNERAL ASSEMBLY. AN ACT relating to the Journals of the Senate and House of Rep- sentatives. SECTION 1. Be it enacted by the General Assembly of 140 LAWS OF IOW.A. Transcription the State of Iowa, That the Secretary of the Senate and the Clerk of the House of Representatives, are au. thorized and required to transcribe the Journals of their respective Houses, in books furnished for that purpose by the Secretary of State, and after having certified to the correctness of the same, to deliver them to the Sec. retary of State for preservation in his office. SEO. 2. The Secretary and Clerk shall superintend the printing and indexing of their respective Journals, and it shall be the duty of each to deliver a carefully pre. Furnish copy pared copy thereof to the State Printer, written up in to printer, solid paragraphs as nearly as practicable, which copy shall be delivered within two months from the day of the adjournment of the Legislature, and upon a failure to deliver within the time above prescribed, they shall be entitled to receive only one-half of the compensa. tion hereinafter provided. Sec. & Clerk SEC. 3. As soon as the Journals are printed, (which to distribute. shall be done within ninety days after they shall have been delivered to the State Printer,) it shall be the duty of the Secretary and Clerk to distribute the same as herein provided. The State Printer shall receive but half of the usual compensation for a failure on his part, as above provided, Distribution. SEO. 4. Each member of the Senate and House of Representatives shall be entitled to three copies of the Journal of the House of which he is a member, and one copy of the Journal of the other House; and three cop. ies shall also be sent to each organized County in the State, directed to the Clerk of the District Court thereof, and one copy to each officer and reporter of the General Assembly; and the State Librarian shall preserve at least fifteen copies of each Journal in the Library. Compensatiºn SEC. 5. As a compensation for the services, herein required, the Secretary and Clerk shall each receive five hundred dollars, to be paid out of the State Treasury, one-half of which shall be allowed and paid when the copy is furnished to the State Printer, and the trans- cribed Journal filed in the office of the Secretary of State, and the remainder when the Secretary and Clerk shall have certified under oath that they have distributed the Journals according to the provisions of this Act. SEC. 6. This Act shall take effect and be in force from and after its publication in the Iowa State Register Indexing. LAWS OF IOW.A. * 141 and Daily Des Moines Times, newspapers published in J)es Moines, Iowa. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Des Moines "I'imes April 18th 1862, and in the Iowa State Register, April 23d, 1862. |FLIJAH SELLS, Secretary of State. C EI A P T E R 1 2 S. IIMITED PARTNERSEIIP. AN ACT to amend Section 1874 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section 1874 be amended by striking out the word “or” between the words mechan- ical and manufacturing, and inserting immediately after the word manufacturing, “ or any other lawful business.” Approved April 7th, 1862. O H. A. P. T. E. R. 1 2 9 . CLAIMS FOR SUPIPLIES FURNISHED COL. EDWARDS AND OTHERS. AN ACT amendatory of an Act entitled An Act providing for audit- ing accounts and disbursements arising under the call for volunteers from Iowa, and also for all men organized as the State Militia of Iowa. - SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Board of Commissioners Board of created by Chapter ten of the laws of the extra Session ...” of the Eighth General Assembly of the State of Iowa, claims. be, and they are hereby authorized and required to audit and allow the claims specified in the following sections of this Act, observing the same rules that have heretofore governed them in auditing and allowing claims, provided nothing in this section shall apply to Section seven of this Act, Provided, further, That the payment for service, 142 LAWS OF IOW.A. subsistence, transportation or supplies, furnished as con- templated by this Act is not provided for by any Act of Congress, or by an Act of Congress, approved March 25th, 1862, entitled An Act to secure to the officers and men actually employed in the Western Department or Department of Missouri, their pay, bounty and pension, or in relation to the expeditions from Iowa into Missouri; and it is further provided, that the Board of Commission. ers shall be satisfied that Congress has not made such provisions. Claims for SEC. 2. All just claims of citizens of this State for supplies to subsistence, transportation, or other necessary army sup: Col. Edwards plies furnished to Col. John Edwards, the officers and men under his command, while in the defense of the South- ern border of this State, provided the same shall have been exclusively furnished in the State of Iowa. Claims for SEO. 3. All just claims of citizens of this State for supplies to subsistence, transportation or other necessary army Sup. Col Morledge plies furnished to Colonel J. R. Morledge, the officers and men under his command, while in the defense of the Southern border, provided the same shall have been ex. clusively furnished in the State of Iowa. To Captain SEC, 4. All just claims of citizens of this State for Jones and subsistence, transportation or other necessary army Sup- Col. Moore plies furnished to Capt. Jones of the Iowa company, and all Iowa troops under command of Colonel Moore, while in the defense of the Southern border, Provided, The same shall have been exclusively furnished in the State of Iowa. Pay of vol. , SEC. 5. The just claims of persons not belonging tº unteerS. the army of the United States, who have volunteered, and served either as officers or privates under the author. ity of the Governor of this State, or any of his aids, or under the command of Col. J. R. Morledge and Capt. Jones, with the knowledge and consent of the Governor of this State, for the purpose of defending the borders when threatened; such persons to be allowed for the time actually employed in said services, according to rank, the same pay that is allowed in the United States army for similar services, and the Board of Commission- ers shall receive as evidence of said services, the same proof that is required by the Paymaster General of this State, or such other evidence as they may deem proper. º . . . SEO. 6. The just claims of the following parties: º Mentzer, Twº & Co., Thomas French, W. D. Gil- bert, John Lohee, S. H. Greenbaum, Tootle & Wood, E. S. Stout, N. W. Munger, J. C. Washburn, Samuel W. Purcell, Capt. William Tripp, Joseph Shearer, Omer LAWS OF IOW.A. 143 Lytle, O. J. Goodenough, John Tyner, E. L. Perm & Cox & Shelly. SEC, 7. The said Board of Commissioners shal! re- and corporations for transportation, Subsistence, clothin and army supplies finrnished to troops raised in this State, for the service of the United States, taking the evidence relating to said claims, which shall be transmitted to- gether with the claims to the Governor of this State, who shall, when so received, use his best endeavors to secure the payment of all such just claims of the United States Government, and when so received shall be paid to the State Treasurer, taking his receipt therefor, wi. shall be subject to the order of the several counties, vil- lages and corporations, to which the several amounts belong. SEc. 8. This act being deemed of immediate impor- tance shall take effect and be in force from and after its publication in the Des Moines Times and the State Reg- ister, papers published at Des Moines. Approved April 7th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 15th, 1862, and Des Moines Daily Times April 19th, 1862. ELIJAH SELLS, Secretary of State. O H. A. P. T. E. R. 1 3 0. APPROPRIATION.—GENERAL. AN ACT making appropriations for the per diem of the members and officers of the Ninth General Assembly, and for other pur- pOSes. SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That the following sums of money be, and the same are hereby appropriated out of any money in the State Treasury not otherwise appropriated for the purposes hereinafter designated. SEO, 2. For the payment of the per diem of the members and officers of the House of Representatives, the sum of sixteen thousand and five hundred dollars, or 80 much thereof as their certificates may entitle them to. SEC. 3. For the payment of the per #. of the mem- • º © . ~ º Claims of ceive all claims presented by Counties, Cities, Willages Counties, Cit- ies, Willages Corporations. Pay of House Pay of Senate LAWS OF IOW.A. bers and officers of the Senate, the sum of nine thousand Dollars, or so much thereof as their certificates may enti. tle them to. Postage. SEC, 4. For the payment of the postage of the Ninth General Assembly, the sum of three thousand two hun. dred and six dollars and sixteen cents. Postage. SEC, 5. For the payment of the postage of the Ninth General Assembly, on matter to be forwarded after the adjournment, under the direction of the Secretary of State, the sum of two hundred dollars, or so much thereof as shall be necessary. Pay of Chap- SEC. 6. For the payment of the Chaplains of the lains, House. House of Representatives, to be divided among them. Selves, the sum of $258,00. Pay of Chap. , SEC. 7. For the payment of the Chaplains of the lains, Senate. Senate, to be divided among themselves, the sum of $258,00. Subscriptions SEC. 8. For the payment of the subscriptions for —House, newspapers taken by the members of the House of Rep. resentes, the sums following to wit: State Register, Des Moines, Daily . . . . . . . . $876 00 { % ºf { % “ Weekly . . . . . 1519 00 Des Moines Times, Des Moines, Daily . . . . 370 00 {{ { % { % {{ Weekly .. 744 50 Iowa Homestead, Des Moines, Weekly . . . . 563 50 Intelligencer, St. Charles City, { % 11 50 Republican, Cerro Gordo “ . . . . 1 00 News, Pocket City, Weekly . . . . . . . . . . . . . 2 00 Times, Dubuque, “ . . . . . . . . . . . . . 21 00 { % {{ Daily . . . . . . . . . . . . . . 28 00 Boone Co. News, Weekly . . . . . . . . . . . . . . . 25 50 Gazette, Davenport, “ . . . . . . . . . . . . . . . S 50 {{ “ Daily . . . . . . . . . . . . . . . 50 00 Waverly Repulican, Weekly . . . . . . . . . . . . . 2 50 Weekly Press, Washington. . . . . . . . . . . . . 13 50 Marshall Co. Times, Weekly . . . . . . . . . . . . . 3 50 Story Co. Advocate “ . . . . . . . . . . . . . 1 00 Republican Era “ . . . . . . . . . . . . . 2 00 Register, Linn Co. “ . . . . . . . . . . . . . 7 00 Keokuk Co. News “ . . . . . - - - - - - - - 14 00 Lyons Mirror { % * * * * * * * * * * * 1 50 Excelsior, Maquoketa “ . . . . . . . . . . . . . 45 50 Hawkeye, Burlington, “ . . . . . . . . . . . . 9 00 {{ {{ Daily . . . . . . . . . . . . . 66 00 Republican, Iowa City Weekly . . . . . . . . . . 9 50 Marion Co. Tepublican “ . . . . . . . . . . 24 50 State Press, Iowa City “ . . . . . . . . . . 4 00 Nonpareil, Council Bluffs “ . . . . . . . . . . 5 50 LAWS OF IOW.A. 145 IIerald, Dubuque, Weekly . . . . . . . . . . {{ { % Daily . . . . . . . . . . Iowa Valley Democrat, Weekly . . . . . . . . . . Journal, Muscatine, {{ {{ Daily. . . . . . . . . . . . . Democrat and News, Davenport, Daily. . . . {{ { % { % Weekly.. Bugle, Council Bluffs, Weekly . . . . . . . . . . . National Demokrat, Dubuque, Weekly. . . . Republican, Madison Co., Weekly. . . . . . . . Clayton Co. Journal, “ . . . . . . . . Plaindealer, Ft. Madision, “ . . . . . . . . Anamosa Eureka, “ . . . . . . . . Delaware Co. Journal, “ . . . . . . . . Appanoose Chieftain “ . . . . . . . . Guardian, Buchanan Co., “ . . . . . . . . Advertiser, Tipton, “ . . . . . . . . Der Demokrat, Davenport, “ . . . . . . . . Der Demokrat, Davenport, Daily. . . . . . . . . Home Journal, Mt. Pleasant, Weekly . . . . North Iowa Journal, Weekly . . . . . . . . . . . . Courier, Ottumwa, “ . . . . . . . . . . . . Herald, Oskaloosa, “ . . . . . . . . . . . . Hamilton Freeman, “ . . . . . . . . . . . . Republican, Montezuma “ . . . . . . . . . . . . Times, Cedar Rapids, “ . . . . . . . . . . . . Iowa Patriot, “ . . . . . . . . . . . . Stars and Stripes, “ . . . . . . . . . . . . Press and Journal, Bellevue, Weekly . . . . . Gazette, Cedar Falls, Weekly. . . . . . . . . . . . Republican, Keosauqua, “ . . . . . . . . . . . . News, Keosauqua, * . . . . . . . . . . . . Gazette, Mitchell, “ . . . . . . . . . . . . Register, Sioux City, “ . . . . . . . . . . . . Free Press, Jasper, “ . . . . . . . . . . . . Wapello Republican, “ . . . . . . . . . . . . Gate City, #. “ . . . . . . . . . . . . Gate City, Keokuk, Daily, • * * * * * * * c e e e Die Iowa Tribune, Burlington, Weekly . . . Delhi Journal, Weekly . . . . Iowa Valley News, Weekly Monroe Co. Cordon, “ Times, Oskaloosa, ( & Iowa Co. Review, {{ North Iowa Times, {{ Courier, Waterloo, {{ Cass Co. Gazette, {{ Winton Eagle, {{ * ~ * * * g e º e º e º º • a e v e a e º e º e º 'º • * * * * * * * * * * * * e e º e º e s tº e º e º º • e º e º e º e º º e º e • * * * * * * * * * * , a • tº º º tº - e º 'º se e º e e * e º 'º e º e i e º e o sº 39 00 24 50 19 146 LAWS OF IOW.A. Courier, New Hampton, Weekly. . . . . . . . . . 1 00 Madisonian, Winterset, “ . . . . . . . . . . . . . 28 00 Mercury, Ottumwa, “ . . . . . . . . . . . . . 13 5ſ) Democratic Clarion, “ . . . . . . . . . . . . . 12 00 Ledger, Fairfield, “ . . . . . . . . . . . . . 7 50 Democrat, Ft. Dodge, “ . . . . . . . . . . . . . 1 00 Magnolia Republican, “ . . . . . . . . . . . . . 5 00 Republican, Ft. Dodge, “ . . . . . . . . . . . . . 7 00 Hardin Sentinel, “ . . . . . . . . . . . . . 5 50 Cedar Valley News, “ . . . . . . . . . . . . . 50 Decorah Republican, “ . . . . . . . . . . . . 4 50 Guardian, Independence, Weekly . . . . . . . . 50 Page Co. Herald, Weekly. . . . . . . . . . . . . . . 2 50 Fayette Co. Pioneer, Weekly . . . . . . . . . . . . 50 Jackson Co. Sentinel, “ . . . . . . . . . . . 1 00 Staats Zietung, Dubuque “ . . . . . . . . . . . . 3 50 Constitution, i.eokuk, Weekly. . . . . . . . . . . 1 95 Constitution, Keokuk, Daily, . . . . . . . . . . . . 3 75 Subscriptions SEC. 9. For the payment of the subscriptions for –Senate, newspapers taken by members of the Senate the sums following to wit: iſſes Moines Daily Register. . . . . . . . . . . . . . $306 00 Des Moines Weekly Itegister. . . . . . . . . . . . 640 50 Democrat and News. . . . . . . . . . . . . . . . . . . . 14 00 Washington l’ress. . . . . . . . . . . . . . . . . . . . . . 5 50 Gate City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 00 Keokuk County News . . . . . . . . . . . . . . . . . . 6 50 North-Western Farmer . . . . . . . . . . . . . . . . . 126 ()0 Davenport Gazette . . . . . . . . . . . . . . . . . . . . . 32 00 Dubuque Herald, Daily. . . . . . . . . . . . . . . . . 3 00 Dubuque Herald, Weekly. . . . . . . . . . . . . . . 15 50 Burlington Hawkeye, Daily, . . . . . . . . . . . . . 30 00 Burlington Hawkeye, Weekly, . . . . . . . . . . . 15 00 Oskaloosa Herald . . . . . . . . . . . . . . . . . . . . . . 19 50 Muscatine Journal. . . . . . . . . . . . . . . . . . . . . . 61 50 Anamosa Eureka. . . . . . . . . . . . . . . . . . . . . . . 3 00 Winterset Madisonian . . . . . . . . . . . . . . . . . . 12 00 Mt. Pleasant Iſome Journal . . . . . . . . . . . . . 3 62 Tipton Advertiser. . . . . . . . . . . . . . , º e º 'º º º E & 14 50 Valley Democrat . . . . . . . . . . . . . . . . . . . . . . 50 Iowa City Republican . . . . . . . . . . . . . . . . . . 4 00 Iowa Co. Review . . . . . . . . . . . . . . . . . . . . . . 6 00 De Witt Standard. . . . . . . . . . . . . . . . . . . . . . 3 00 Lyons Mirror. . . . . . . . . . . . . . . . . . . . . . . . . . 3 00 Knoxville Republican . . . . . . . . . . . . . . . . . . 50 Independence Guardian . . . . . . . . . . . . . . . . 1 00 Vinton Eagle. . . . . . . . . . . . . . . . . . . . . . . . 50 LAWS OF IOW.A. >. * 147 Chariton Patriot . . . . . . . . . . . . . . . . . . . . . . . 2 00 North Iowa Times . . . . . . . . . . . . . . . . . . . . . 1 50 Fayette Co. Pioneer. . . . . . . . . . . . . . . . . . . . 2 50 Pocket City News. . . . . . . . . . . . . . . . . . . . . . 2 00 Iowa Tribune. . . . . . . . . . . . . . . . . . . . . . . . . . 18 00 National Demokrat. . . . . . . . . . . . . . . . . . . . . 15 00 Valley News . . . . . . . . . . . . . . . . . . . . . . . . . . 3 00 Marshall Co. Times . . . . . . . . . . . . . . . . . . . . 5 00 Lansing Argus. . . . . . . . . . . . . . . . . . . . . . . . . 1 00 Lansing Mirror . . . . . . . . . . . . . . . . . . . . . . . . 50 Waukon Journal. . . . . . . . . . . . . . . . . . . . . . . 50 Jasper Free Press. . . . . . . . . . . . . . . . . . . . . . 1 00 Fairfield Ledger (Senate and House). . . . . . 22 O() Wapello Republican . . . . . . . . . . . . . . . . . . . . 4 50 Dubuque Daily Times . . . . . . . . . . . . . . . . . . 2 00 Council Bluffs Nonpareil. . . . . . . . . . . . . . . . 1 50 Oskaloosa, Times . . . . . . . . . . . . . . . . . . . . . . . 19 50 South-Western Iowan . . . . . . . . . . . . . . . . . . 3 00 Council Bluffs Bugle . . . . . . . . . . . . . . . . . . . 3 00 Ottumwa Courier . . . . . . . . . . . . . . . . . . . . . . 3 00 Weekly Albia Gazette . . . . . . . . . . . . . . . . . . 50 Ottumwa Democratic Mercury. . . . . . . . . . . 3 50 Keokuk Gate City. . . . . . . . . . . . . . . . . . . . . . 36 50 Decorah Republican . . . . . . . . . . . . . . . . . . . . 4 50 Fort Dodge Democrat . . . . . . . . . . . . . . . . . . 1S 00 Bloomfield Democrat . . . . . . . . . . . . . . . . . . . 3 00 Clayton County Journal. . . . . . . . . . . . . . . . . 50 Boonsboro Times. . . . . . . . . . . . . . . . . . . . . . . 2 00 Des Moines Times . . . . . . . . . . . . . . . . . . . . . 193 00 SEq. 10. George R. Brainard for 86 day's services as Pay of om. Post Master at $3 per day, $256 00. cers of Gen- SEo. 11. A. P. Burrhus, for 86 day's services as Assist- eral Assem'ly ant Postmaster and Mail Carrier, at $3 per day, $258. SEC. 12. To Lieutenant Governor §º for 86 day's services as President of the Senate at $6 per day, $516. SEC. 13. To Lieutenant Governor Rusch, for mileage and per diem, attending at the opening of the present Session, $78. SEC. 14. To Rush Clark, Speaker of the IHouse of Representatives, eighty-five days at $3 per day, $255. SEo. 15. To Z. Washburn, for 86 day’s services as fireman and Superintendent of Committee Rooms at $ per day, $258. SEC. 16. For the payment of the Salary of the Ad-Adjt. Gener. jutant General for the term ending December 31, A. D. al’s salary. 1863, or so much thereof as he shall be entitled to by 148 LAWS OF IOW.A. law, the sum of $3,000, and for clerk hire in the Adju. tant General’s Office, for the term ending December 3ist, A. D. 1863, or so much thereof as they may be entitled to by law, the sum of $3,000. Woolson, SEC. 17. To T. W. Woolson, for serving a President Prest protem pro tem of the Senate, for seven days at three dollars per day, twenty-one dollars. Salary of Sur. SEC. 18. For the payment of the salary of the Sur. geon General, geon General for the term ending December 31st, A. D. 1863, or so much thereof as he shall be entitled to by law, the sum of two thousand dollars. - Publishing To F. W. Palmer publishing laws of Extra Acts of Extra Session. . . . . . . . . . . . . . . . . . . . . . . . . . $ 77 40 Session. To J. B. Bausman do. . . . . . . . . . . . . . ... o e º 'º - 77 40 To G. M. Todd & Hutchins . . . . . . . . . . . . 77 40 To J. H. Knox, Sergeant-at-Arms, 7th Gen- eral Assembly. . . . . . . . . . . . . . . . . . . . 60 00 C. & i Harbach, for Speaker's Chair. ... 25 00 Telegraphi'g. J. P. Eaton, for telegraphing about Con- gressional Districts—expenses. . . . . . . . .5 10 C. P. Luse, for two pairs shears. . . . . . . . . . 2 50 Translating. Henry Hospers, for translating Governor's Message into Holland language. . . . . . 25 00 Sundries Wesley Redhead, for stationery for House. 15300 - H. Stephenson, cloth bill. . . . . . . . . . . . . . . . 18 90 Latshaw & Woodwell, hardware bill. . . . . . 41 23 John Bryan, plans and specifications. . . . . . 15 00 Mrs. Murray, for paste. . . . . . . . . . . . . . . . . . 75 Edward Loughran, Fireman pro tem. 3.} days 10 50 Robert Holmes, for notices of General Ba- ker, published in the Linn Co. Register in reference to railroads, to be drawn from the War and Defense Fund, the sum of. . . . . . . . . -gº e º 'º º e º 'º e • * * * . G. & e º ſº tº wº 7 50 Edward Coulter, for taking charge of P. O. during the absence of the P. M. . . . . . . 2 00 R. D. Kellogg, Speaker pro tem. . . . . . . . . . 6 00 Wesley Redhead, Stationery for Senate ... 170 60 Mills Bros., Stationery for Senate. . . . . . . . . 9 75 I. P. Stibolt, translating Governor's Mes- Sage into German . . . . . . . . . . . . . . . . . . 25.00 Translating Gustavus Hinrich, for translating Inaugural into Danish language . . . . . . . •º tº a 4 ſº e º e 25 00 Pro tem. offi. J. H. Saunders, Secretary pro tem. of the CBI'8. Senate three days, at $600. . . . . . . . . . 18 (0 William Turner, fireman pro tem. 2 days at $3 per day . . . . . . . . . ... • e º e : º e º e º 'º o . . . . 600 JAWS OF IOW.A. 14.9 G. W. Shelly, Door-keeper pro tem 2 days at $3 per day. . . . . . . . . . . . . . . . . . . . . . 6 00 Jas. H. Rothrock, Speaker pro tem. 7 days at $3 per day. . . . . . . . . . . . . . . . . . . . . . 21 00 G. M. Todd, balance due for publishing laws of the 8th General Assembly. . . . 137 75 J. Teesdale, balance due for publishing laws of the 8th General Assembly. . . . . . . . 144. 75 F. G. Noyes, for expenses going to Daven- port and returning, to ship army and hospital stores, as per House Resolu- tion . . . . . . . . . . . . . . . . . . . - * ~ * * * * * * * 12 00 John Dahldorf, for translating Governor's Inaugural into German language, and for express charges in sending printed copies to Des Moines. . . . . . . . . . . . . . . . 30 60 Henry P. Scholte, for translating Govern- or's Inaugural Address into Holland language. . . . . . . . . . . . . . . . - e º 'º e º s e = e tº 25 00 S. Upp, Sergeant-at-Arms pro tem. 2 days. 600 S. Upp, for paste for 9th General Assembly 75 Lewis E. Bolton, for paste for 9th General Assembly . . . . . . . . . . . . . . . . . . . . . . . . 10 00 Bill of Mills & Bros., for Stationery for the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 25 A. P. Burrhus, for extra expenses in getting across the river with the mail . . . . . . . . 5 00 George L. Hatch, Messenger to the Senate, 6 days at $2 per day. . . . . . . . . . . . . . . 12 00 SEC. 19. This Act being deemed by the General As- sembly of immediate importance, shall be in force, and take effect from and after its publication in the Daily State Register, and Des Moines Daily Times. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Des Moines Daily Times, April 17th, 1862, and in the Iowa State Register April 28, 1862. ELIJAH SELLS, Secretary of State. Extra pay for ublishing 3.W8, F. G. Noyes. Translating. Sundries. 150 LAWS OF IOW.A. Legalizing official Acts. C H A P T E R 13 1. JOSEPH G. T. ANNER. AN ACT to legalize the official acts of Joseph G. Tanner, as a Jus. tice of the Peace of Nevada Township, in and for the County of Story, Iowa. WHEREAs, Under the supposition of the existence of a vacancy in the office of Justice of the Peace, of Ne- vada Township, in and for the county of Story, Iowa, Joseph G. Tanner was voted for that office; and entered .." and discharged the duties of the same. Now, there- Ore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all the official acts and doings of Joseph G. Tanner, done and performed as said Jus- tice of the Peace, as aforesaid, be and the same shall be held as binding, as if the said Tanner had in fact been elected in accordance with law. SEC. 2. This Act being deemed of immediate im- portance shall take effect from its publication in the Des Moines Times and Story County Advocate, provided it be done without expense to the State. This bill having remained with the Governor three days, (Sunday excepted,) the General Assembly being in session, has become a law this 8th day of April, 1862. ELIJAH SELLS, Secretary of State. I hereby certify that the foregoing Act was published in the Des Moines Times, April 12, 1862, and in the Story County Advocate April 24th, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 1 3 2. JACOB MINTUN. AN ACT for the relief of Jacob Mintun. WHEREAs, In the year 1856, one Jacob Mintun was elected to the office of Justice of the Peace for Wapello Township, in Louisa county, Iowa, was again elected to the same office for said Township, County and State, in the year 1858; and, LAWS OF IOW.A. - 151 WHEREAs, During his said term of office, a number of the udgments rendered and entered upon his docket by him have not his signature thereto, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the said Jacob Mintun is hereby & authorized to sign all judgments by him rendered dur- fº, ing his said terms of office that do not now have his sig- nature as such justice attached thereto, and such judg- ments so signed shall be as legal and binding between the parties thereto, as if he had signed his name thereto when the same were entered upon his docket. This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this 8th day of April, 1862. ELIJAH SELLS, Scoretary of State. C EI. A P T E R 1 3 3. APPROPRIATION. AN ACT making appropriations for the payment of State and Judi- cial Officers, interest on State Bonds and Loans, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the following sums of money Appropria- or So much thereof as may be necessary, be and the º same are hereby appropriated for the purposes hereinaf. ter designated; Å; That no appropriation herein made shall exceed the amount which may be provided by law as the salary for any officer named in this Act. SEC. 2. For the salary of the Governor for the term of two years ending December 31st, A. D. 1863, the sum of four thousand dollars; and for the payment of Clerks in the Executive Office for the term of two years ending as aforesaid, the sum of two thousand dollars or so much thereof as may be necessary. SEC. 3. For the salary of the Secretary of State for Sec. of State. the term of two years ending December 31st, A. D. 1863, the sum of three thousand dollars, and for the payment of Clerks and Deputies in the office of the Secretary of State for the term of two years ending as aforesaid, the Sum of two thousand dollars. SEO. 4. For the salary of the Auditor of State for Aud. of State. Governor. 152 LAWS OF IOWA. the term of two years ending December 31st, A. D. 1863, the sum of three thousand dollars; and for the payment of Clerks and Deputies in the office of Auditor of State, for the term of two years ending as aforesaid, the sum of two thousand five hundred dollars. - SEC. 5. For the salary of the Treasurer of State for Trºofs” the term of two years ending December 31st, A. D. 1863, the sum of three thousand dollars; and for the payment of Clerks and Deputies in the office of Treasurer of State for the term of two years ending as aforesaid, the sum of fourteen hundred dollars. Reg of state SEC, 6. For the salary of the Register of the State Land Office. Land Office for the term of two years ending December 31st, A. D. 1863, the sum of three thousand dollars; and for the payment of Clerks and Deputies in the office. of Register of the State Land Office for the term of two years ending as aforesaid, the sum of twelve hundred dollars. see of Board SEC. 7. For the salary of the Secretary of the Board of Éducation of Education for the term of two years ending December 31st, A. D. 1863, the sum of three thousand dollars; and for the payment of a Clerk in the office of the Secretary of the Board of Education for the term of two years end. * he wºo ric ing as aforesaid, the sum of one thousand dollars, pro- Librarian. vided said Clerk shall act as State Librarian. p Salary of SEC. 8. For the salaries of the Judges of the Supreme judges of Su Court for the term of two years ending December 31st, preme Court. A. D. 1863, the sum of twelve thousand dollars; for the expenses of the Supreme Court for the term of two years ending as aforesaid, the sum of three thousand dollars, or so much thereof as may be necessary; and all the bills for such expenses shall contain the items thereof, and shall be certified to as correct by one of the Judges of said Court before being audited, SEo. 9. For the salary of the Attorney General for ºr. the term of two years ending December 31st, A. D. 1863, * the sum of two thousand dollars; to meet the deficiency for the year ending December 31st, A. D. 1861, the sum of forty three dollars and fifty-six cents; and for fees and mileage for the term of two years ending December 31st A. D. 1863, as allowed by section seven of the Acts of the Seventh General Assembly, the sum of eight hun- dred dollars or so much thereof as may be necessary. SEO. 10. For the salaries of the District Judges for Dist. Judge. * * 18t. Judge the term of two years ending December 31st, A. D. 1863, the sum of thirty-five thousand and fifty dollars. Dist. Att'y. SEC. 11. For the salaries of the District Attorney8 for the term of two years ending December 31st, A. D. LAWS OF IOWA. -- 153 1863, the sum of seventeen thousand and six hundred dollars. SEC. 12. For the salary of the Warden of the Peni-warden of tentiary for the term of two years ending December 31st Penitentiary. A. D. 1863, the sum of two thousand dollars. SEC. 13. For the salary of the Deputy Warden of Deputy War- the Penitentiary for the term of two years ending De-den. cember 31st, A. D. 1863, the sum of fifteen hundred dollars. SEC. 14. For the salary of the Clerk of the Peniten-Clerk of Pen- tiary for the term of two years, ending December 31st, *Y. A. D. 1863, the sum of fifteen hundred dollars. SEC. 15. For the salary of the Chaplain of the Pen-Qhaplain of itentiary for the term of two years ending December * 31st, A. D. 1863, in addition to the sum of seventy-nine dollars and seventeen cents already appropriated and un- expended, the sum of nine hundred and twenty dollars and eighty-three cents. SEc. 16. For the salary of the State Superintendent Superintend: of Weights and Measures, and for contingent expenses tº: of his office, the sum of four hundred dollars, or so much “” thereof as may be necessary. - SEC. 17. For the payment of a Janitor and Night Janitor, etc. Watch for the Capitol building for the term of two years ending December 31st, A. D. 1863, in addition to the amount of ninety-two dollars and twenty-five cents al- ready appropriated and unexpended, the sum of thirteen hundred and sixty-seven dollars and seventy five cents, to be expended under the direction of the Census Board. SEC. 18. For the payment of postage of State officers, General Con- arrest of fugitives from justice, necessary repairs and im- tingent Fund. provementsupon the State House and grounds, furniture for State House and offices, fuel and lights for State House and such other necessary expenses as are not specifically provided for in addition to the amount already appropri- Ated and unexpended, the sum of six thousand dollars, or so much thereof as may be necessary : Provided, That all bills properly chargeable to said appropriation shall be made out by items, and certified to be correct by the officers incurring the expense and approved by the Census Board before audited. -- SEO. 19. All officers having an appropriation for the Officers to re- payment of Clerk hire, or other expenses, shall keep an port. accurate account of all the items of such expenditure, and report the same to the next General Assembly; and all such items before being audited, shall be certified to be correct by the officer having control of such appro- priation. 20 154 LAWS OF IOW.A. Salaries paid SEC. 20. All salaries of State, Judicial or other offi monthly cers, payable out of the State Treasury, shall be paid monthly, at the end of each month, if called for, and the State Auditor shall in no case issue warrants on the State Treasury for the payment of any State or other officer in advance of service actually rendered. State Bonds. SEC. 21. For the payment of four semi-annual install. ments of interest, express charges and exchange, to be. come due on the bonds issued by the State on the $200. 000 loan authorized to be made by the Seventh Genera, Assembly, the sum of twenty-eight thousand four hun. dred and twenty dollars, or so much thereof as may be necessary to be drawn from the Treasury only when necessary to pay said interest as it may become due. School Fund. SEC. 22. For the payment of two annual installments of interest on School Fund loans to become due the sum of twenty-four thousand four hundred and fifty-nine dol lars and fifteen cents, to be drawn from the State Treas. ury only when necessary to pay said interest as it may become due. war and De SEC. 23. For the payment of four semi-annual install. ſense Fund. ments of interest, express charges and exchange, to be. come due on the War and Defense bonds of the State, in addition to the amount already appropriated and unex. pended, the sum of twenty thousand dollars, or so much thereof as shall be necessary, to be drawn from the State Treasury only when necessary to pay said interest as it may become due. Contingent SEC, 24. For the payment of extraordinary expenses Fund. of the Executive Department for the term of two years ending December 31st, A. D. 1863, in addition to the amount already appropriated and unexpended, the sum of ten thousand dollars or so much thereof as may be necessary; the Governor shall report to the next Gen. eral Assembly a statement of the amount thus expended by him out of this appropriation, and the purposes for which the same was expended. •. H Rent of state. SEC. 25. For the payment of the rent of the build. House. ing now occupied by the State as a Capitol, the sum of two dollars, to be paid as it becomes due. SEc. 26. This Act being deemed by the General AS: sembly of immediate importance, shall take effect from LAWS OF I.O.W.A. 155 nd after its publication in the Daily State Register, nd the Daily Des Moines Times. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Daily ate Register April 23d, 1862, and in the Des Moines Daily Times |pril 18th, 1862. ELIJAH SELLS, Secretary of State. C EI. A P T E R 1 3 4. . TOWN OF NEWTON. IN ACT prescribing the manner in which the incorporate town of Newton, Jasper County, Iowa, may dissolve its acts of incorporation. SECTION 1. Be it enacted by the General Assembly of le State of Jowa, That upon application of a majority Dissolution of I the qualified electors of the incorporate town of ºrporar (ewton, Jasper County, Iowa, as provided in Section” w) of this Act, it shall be lawful for the qualified elec- ºrs to dissolve the acts of incorporation of said town, rovided, That said town shall make arrangements with parties having liquidated or unliquidated claims gainst said Incorporation for the full and complete pay- ent of the same, before said Act shall take effect. SEC. 2. Whenever the qualified electors of said in Electors peti. (Orporate town shall wish a dissolution of said acts oftion Council. Corporation, they shall petition the town council there- which petition shall contain a prayer for the dissolu. ion of said acts of incorporation and shall be signed by majority of said electors and shall be accompanied by he affidavits of at least two electors of said town to he effect that the signatures to such petition are genu- ñé and that the signers reside within the limits of said OWI). SEC. 3. When said petition shall have been presented Council call the town council it shall be their duty to call an elec. election. (on, on the fourth Monday after the presentation thereof W publication in the newspaper published in said town, ind posting the proclamation of the Mayor to that effect il three of the most conspicuous places in said town, one f which shall be upon the door of the Mayor's office ld shall be posted and published at least three weeks kfore such election. | 156 LAWS OF IOW.A. Conducted. Ballots. Dissolved. Penalty for Obstructing. SEC. 4. The election shall be conducted as other tow elections. SEC. 5. The voters desiring a dissolution of said in corporation shall write or have printed on their ballots “For dissolution,” and the voters not desiring a dissoil tion shall write or have printed on their ballots, “Agains dissolution.” SEC. 6. If a majority of the votes cast are for a dis. Solution, the Incorporation shall be dissolved. SEC. 7. All Acts and amendments of Acts respectin the Incorporation of the town of Newton, Jasper Count; Iowa, are, whenever the foregoing Sections are complići with, hereby repealed. - Approved April 8, 1862. O H. A. P. T. E. R. 1 3 5 . DITCHES AND DRAINS. AN ACT to prevent obstructions in any of the public ditches for the benefit of Swamp Lands. º SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any person or persons, whº shall place any obstructions in any of the public ditcheſ or drains, made for the purpose of draining any of thi Swamp Lands in this State, shall, upon conviction, bº compelled to remove said obstructions, and be fined not less than five dollars, nor more than one hundred dollars or be imprisoned in the county jail not more than thirtſ days, at discretion of the Court. Any person interested may prosecute for such offence. - Approved April 8th, 1862. sm-ºsmºmº-e C H A P T E R 13 6. DELOS ARNOLD. AN ACT to legalize the Acts of Delos Arnold as Notary Public Marshall County, Iowa, WHEREAs, Delos Arnold, of Marshall County, Iowa, LAWS OF IOW.A. *- 157 was ch the 17th day of June, 1857, appointed a Notary Public in and for said County, by James W. Grimes, hen Governor of Iowa, for the term of three years, then hext thereafter, and WHEREAs, After the expiration of said term of office ºf the said Delos Arnold, he continued to act as a No- by Public under the belief that his commission had not spired, now that no person may be caused to suffer by the official acts of said Delos Arnold, performed since º expiration of his commission as aforesaid: | SECTION 1. Be it enacted by the General Assembly of le State of Iowa, That all the official acts of said Dé-Act legalized |s Arnold by him performed as a Notary Public within and for said County of Marshall, subsequent to the 17th day of June, 1860, be, and the same are hereby declared legal and binding in law and equity as fully as though said acts had been performed before the expiration of said commission. | SEC. 2. This Act shall take effect and be in force from and after its publication in the Iowa State Register and Marshall County Times, newspapers published in the State of Iowa without expense to the State. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register April 23rd, 1862. ELIJAH SELLS, Secretary of State. C H A P T E R 1 3 7. COMPENSATION OF COUNTY JUDGES. AN ACT to amend an Act entitled an Act regulating County Judges. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section four hundred and Sec. 436 of thirty-six of the Revision of 1860, be amended so as to revision 1860 read as follows: The County Judges of the several amended. Counties of this State are authorized to charge and col- lect the following compensation for their services, to-wit: Issuing marriage license and recording same. $100 - * * e te tº Compensati'n Solemnizing rites of matrimony, . . . . . . . . . . . 2 O0 p Granting letters of administration or appoint- ing Guardian, . . . . . . . ** > * > . e. e. e º e s , . . . . . .50 When the same is contested,. . . . . . . . . . . . . . . 1 00 158 LAWS OF IOW.A. Granting Probate of will, . . . . . . . . . . . . . . . . 1 00 When the same is contested, . . . . . . . . . . . . . . . 200 For Executor's or Guardian’s bond, . . . . . . . . . 50 Approving security of same. . . . . . . . . c e º e º ºs 25 Commission to Executors or Guardians, . . . . . 50 Disallowance of application for settlers of ad- ministration or Probate of will to be paid by losing party, . . . . . . . . . . . • * * * * e º A & e e 1 00 Commission to appraisers of personal proper- ty or real estate, . . . . . . . . . . . . . . . e e - e. e. e. 5) Approving report of appraisers, or examining and allowing inventory for first page, .. 25 Each succeeding page, . . . . . . . . . . . . . . . . . . . . 10 Order for sale of personal property or real estate, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Allowing claim against estate, . . . . . . . . . . . . . 10 Allowing same when contested, for each day, 200 Examining and allowing Executor’s report, 1st Page, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ." Each succeeding page, . . . . . . . . . . . . . . . . . . . . 10 Apportioning an insolvent estate among the creditors, . . . . . . . . . . . . • a s e º e e º e º e º s e ... 1 00 Decree for settlement of an estate, . . . . . . . . . . 50 Order of distribution, . . . . . . . . . . . e e a dº e º e º e e 50 Approving Executor’s or Guardian's deed, ... 50 Hearing complaint against lunatic, . . . . . . . . . 2 00 For taking affidavit, . . . . . . . & º 'º e º & º ſº e g º 'º º e e 25 Any writ or process issued under seal, . . . . . . 25 Allowing an appeal, . . . . . . . © e g º te e • * * * e º e - , 25 Commission to referees to assign dower, . . . . . 100 Assignment of dower, . . . . . . . . . tº e º 'º e º is a e º e 1 50 For every continuance, . . . . . . . . . . . . . . . . ... 25 For certificate and seal, . . . . . & ſº tº e º 'º º ve e º 'º e º 'º 35 Tiling each paper, . . . . . . . . . . . . . . . . . . . . . . . 05 Recording all papers required by law to be re- corded, for 100 words, . . . . . . . . . . . . . . . . 10 A citation or summons, for first person named therein, . . . . . . . . . . . . . . . . . . . . . tº e g º ſº e ... 25 Each other person named therein, . . . . . . . . . 10 And when a translation of any will or any other instrument is required, he shall be entitled for each 100 words, . . . . . . . . . . . . 15 Issuing subpoenas in any case, . . . . . . . . . . ... 10 IIearing cases of bastardy, one day, . . . . . . . . 200 Granting writ of habeas corpus, . . . . . . . . . . . . 50 IIearing and determining same, per day, . . . . 200 Taking acknowledgment of instrument, . . . . . , 35 Hearing application for injunction, one day, .. 200 LAWS OF IOW.A. - 159 Bearing application to dissolve the same, one day, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 00 Hearing of any case which is not provided for in this Section, for each day, . . . . . . . . . . . 2 00 SEC. 2. That so much of said Section four hundred Repeal. and thirty-six as may be inconsistent with this Act, be and is hereby repealed. Approved April 8th, 1862. O H. A. P. T. E. R. 1 3 8 . PUBLICATION OF LAWS IN PAPERS AN ACT to authorize the publication of certain laws in the Weekly State Register and Weekly Des Moines Times. SECTION 1. Be it enacted by the General Assembly of the State ºf Iowa, That any laws passed at the present publication Session of the General Assembly, and required to be of Laws. published in the Daily State Register and Daily Des Moines Times, may be published in the Weekly State Register and Weekly Des Moines Times, and such pub- lication shall be valid, and said laws shall be in force and take effect as though published in the Daily State Register and Daily Des Moines Times. SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed. SEC. 3. This Act shall take effect and be in force from and after its publication in the Weekly State Register and Weekly Des Moines Times. Approved April 8, 1862. I hereby certify that the foregoing Act was published in the Weekly Des Moines Times April 19th, 1862, and in the Weekly State Register, April 23d, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 1 3 9 . AMITY COLLEGE. AN ACT for the relief of Amity College. WHEREAs, on the 29th day of May A. D. 1857, B. F. 160 LAWS OF IOWA. Haskins, Secretary of the Board of Trustees of Amity College, an institution of learning, located in Pag. County, Iowa, for and on behalf of said College, entered into a contract with the School Fund Commissioner of said County, for the purchase of the following School Lands, to wit: w bf of nw qi, and sw qr of sec. 16 town 68 north of range 38 west; Se qr sec. 16 town 70 north range 37 west; n hf of Sw qr and s hf of Sw qr and no qr of seqr sec. 16 town 70 north range 38 west; ne qi Sec. 16 town 70 north range 39 west, situate in saia County of Page and containing one thousand and fifty acres, agreeing to pay therefor the sum of two dollars and eighty-eight cents and ninety-two hundredths of a cent per acre, amounting to the sum of three thousand and four dollars, and eighty cents, one-fourth of which sum was paid in cash, amounting to seven hundred and fifty-one dollars and twenty cents, the balance was se. cured to the School Fund by notes and contract, signed by said B. F. Haskins as Secretary of the Board of Trus. tees of Amity College, and, WHEREAs, on the same day the said College, by the said B. F. Haskins, its Secretary, in like manner con. tracted with said School Fund Commissioner for the following land situated in said county, to wit: s hf SW qr Sec. 16 town 68 north range 37 west; n hſ sw qr, and s hf nw qr sec. 16 town 68 north range 37 west, containing two hundred and forty acres, agreeing to pay therefor the sum of four dollars and forty-eight and one. third cents per acre, amounting to the sum of ten hun. dred and seventy-six dollars, the one-fourth of which was paid in cash, being two hundred and sixty-nine dol. lars; the balance eight hundred and seven dollars, was in like manner, secured by the notes and contract of the said Haskins, as Secretary of the Board of Trustees of said College, on which several contracts said College has paid interest for one year, amounting to the sum of one hundred and eighty-one dollars, and º WHEREAs by reason of the failure on the part of Said College to pay out said contracts, or either of them, or to pay the interest thereon except as aforesaid, suit was brought on the first mentioned contract, and a judgment obtained by R. F. Conner, Treasurer and Recorder o said County of Page, in the District Court of said County, at the May Term, 1861, against the said B. T. Haskins, Secretary, as aforesaid, for the sum of four thousand and seventy-two dollars and twenty-five cents for debt and interest with costs, with an order for the sale on special execution of the land first described, and LA WS OF IOWAL - 161 WHEREAs, by reason of the financial depression gen- erally, and the great depreciation in the value of lands, articularly on the Southern border of the State, said College has become unable to pay for said lands, nor can the amount due on said judgments and contract be realized to the School Fund without totally prostrating said College, now in successful operation, and of great benefit to the people in its vicinity. Therefore, in view of the fact that said contracts were entered into for the sole benefit of said institution of learning, and not for speculation or profit, other than for the promotion of education ; and in view of the fact that the School Fund has received thereon the sum of twelve hundred and one dollars and twenty cents, in- cluding the interest aforesaid, and that said College can- not, unless at the sacrifice of its existence, pay out said contracts, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Amity College is hereby **, leased from leased from the contracts described in the preamble of ºct. this Act, and the Clerk of the District Court of Page County is hereby directed to cancel the same upon their surrender thereof to him, and to enter upon the records of said Court full satisfaction of a judgment entered thereon, or either of them, at the May Term, 1861, against B. F. Haskins, Secretary of the 13oard of Trustees of Amity College except as to costs, which said College shall pay ; and the said College is hereby Lands select- authorized to select, in conjunction with said Clerk, el fºr benefit ºf the lands described in said contracts, three hundred “"“” and twenty acres, one-half to be selected by said Col- lege, and one-half thereof by said Clerk; and the said Clerk is directed by this Act to issue to said College, in such name as it may designate, a certificate of full pay- ment for such lands as may be thus designated, which tºrtificate shall entitle said College or the person or persons named therein, to a patent for said lands, to be Patent. issued as now directed by law in the sale of School Lands, Provided, that said selections shall be made Limit of time. within three months from the taking effect of this Act. Approved April 8, 1862. College re- Clerk gives a certificate. 21 162. LAWS OF IOWA. Preamble. Legalized. Repealed. O H A P T E R 1 4 0 . JOHN C. TURK's ACTS LEGALIZED. AN ACT to legalize the Acts of John C. Turk, a Notary Public i and for Polk County, Iowa. WHEREAs, John C. Turk was, on the 30th day of July 1861, duly appointed and commissioned a Notar, Public in and for Polk County, Iowa, and WHEREAs, the said John C. Turk neglected to file hi commission in the office of the Recorder of deeds 0. said County until the twelfth day of March, 1862, now therefore, - SECTION 1. Be it enacted by the General Assembly o the State of Iowa, That the official acts of the said John C. Turk as Notary Public between the 30th day of July, 1861, and the 12th day of March, 1862, be, and the same are, hereby legalized and as binding between all parties as though the said Turk had caused his commision to have been filed in the office of the Recorder of Deeds of Said County on the 30th day of July, 1861. SEo. 2. This Act being deemed of immediate im. portance, shall take effect from and after its publication in the Daily State Register and Des Moines Daily Time: without expense to the State. Approved April 8th, 1862. O H. A P T E R 14. 1 . ROADS AND HIGHWAYS-DAMAGES. AN ACT to amend section 843 of the Revision of 1860, relating roads. SECTION 1. Be it enacted by the General Assembly ( the State of Iowa, That the following words in sectio 843 of the Revision of 1860, to wit: “after deductin therefrom the benefit he will receive from such road. being the concluding words thereof, be and the same a hereby repealed. Approved April 8, 1862. LAWS OF IOW.A. - 163 C H A P T E R 1 4 2. C. H. TOLL. AN ACT to legalize the acts of C. H. Toll, a Notary Public in Clinton County. WHEREAs, C. H. Toll, who was appointed a Notary Public for Clinton county, on the 15th day of October, A. D. 1856, continued to act as such Notary Public for a short time after the expiration of his Commission, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the official acts of the said C. H. Legalized. Toll as Notary Public within and for Clinton county, per- formed by him after the expiration of his Commission, be and the same are hereby legalized and made as valid as though they had been performed before the expiration of his said commission. SEC. 2. This Act to take effect and be in force from and after its publication in the Iowa State Register and the Clinton Herald, without expense to the State. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register April 23d, 1862. ELIJAH SELLS, Secretary of State. O H. A P T E R 1 4 3. LOAN TO MEDICAL COLLEGE. AN ACT to authorize the Board of Supervisors of Lee County to loan a portion of the School Fund in said County to the College of Physicians and Surgeons at Keokuk, known as the Medical De- partment of the University of the State of Iowa. SECTION. 1. Be it enacted by the General Assembly o the State of Iowa, That the Board of Supervisors of the Board of su- County of Lee are hereby authorized and empowered to pervisors. lºan out of the School Fund in said county, to the Col. jºb; Medi- ge of Physicians and Surgeons, known as the Medical cal College. epartment of the University of the State of Iowa, lo- ºted at Keokuk, a sum of money sufficient to remove he incumbrance now upon the New College Building 164 LAWS OF IOW.A. Further loan. Restrictions. College in- sured. Lee county not released from liability. State Regisler April 23d, 1862 and lots in said City of Keokuk, and take as security therefor, a mortgage upon said new College Building and lots; Provided, The interest on the sum loaned shall be Secured in addition to the mortgage, by personal securit of at least three persons to be approved by the Clerk & the District Court of said County; and, Provided fur. ther, That said Board of Supervisors shall deem the said New College Building good and sufficient security fo the sum loaned. SEC. 2. Said Board of Supervisors shall also be au. thorized to loan to said Medical Department, a sum sufi cient to pay off the amount of the Tiens upon said prop erty, and take an assignment of said incumbrances as se curity to the State, together with personal security fo the interest, as provided in the last section. And pro. ºvided further, (that) they consider this plan safer for the interest of the State than the one provided for in the first section of this Act; and provided further, That the first lien upon said New College Building shall in any case be included in security for any sum loaned under the provisions of this section. SEC. 3. No loan shall be made under either of the F. sections, until the title to said New College uilding shall have been examined by the District At torney of the first Judicial District, and by him reported to said Board of Supervisors to be good and perfect. SEC. 4. No loan shall be made under this Act until the said Medical Department of the University of the State of Iowa shall cause the said New College Building to be insured for the benefit of the State in some reliable Insurance Company to the amount of the proposed loan. SEC. 5. Nothing in this Act contained, shall be 80 construed as to release the county of Lee from its liabil: ity to the State for the full proportion of the School Fund in said County as now or hereafter provided by law. SEC. 6. This Act being deemed by the General As sembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and the Daily Gate City; Provided, such publication shall be without expense to the State. Approved, April 8, 1862. I hereby certify that the foregoing was published in the Iowa Eii.JAH SELLS, Secretary of State, LAWS OF IOW.A. -- 165 O H. A. P T E R 1 4 4 . PUBLICATION OF LAWS IN GERMAN. AN ACT to provide for the publication of the Laws of a general nature of the Ninth General Assembly, in certain German news. papers, and for the translation thereof. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That as soon after the adjournment Secretary fur. of the present session of the General Assembly of the ... " State of Iowa as practicable, the Secretary of State shall" Tº furnish for translation to Edmund Jaeger all the laws of a general nature passed at this session of the Legisla- ture. SEC. 2. The Said Edmund Jaeger shall, as soon as Jaeger, to practicable, translate said Laws, and furnish to each of" the following named newspapers a copy of the same for publication, to-wit: To the Staats Zeitung, at Dubuque, National Demokrat at Dubuque, Der Demokrat at Da- venport, Die Tribune at Burlington, SEC. 3. There shall be paid out of any money in the Compensatiºn Treasury not otherwise appropriated, the sum of two hundred dollars for the translation and stationery, and the sum of thirty-five cents per thousand ems for such publication, and the Auditor of State is authorized to audit the claims and to draw his warrant in favor of said translator, and of any publisher of any such paper for the amount due each, when he shall be satisfied of the Correctness of such claims. SEo. 4. This Act to take effect from and after its pub- lication in the Daily State Register and Daily Des Moines Times, newspapers published at Des Moines, Iowa. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 17th, 1862, and in the Des Moines Daily Times April 18, 1862. ELIJAEI SELLS, Secretary of State. 166 LAWS OF IOW.A. Legalized. C H A P T E R 14 5. GEORGE W. CLARKE’s ACTS. AN ACT to legalize the official acts of George W. Clarke, a Notary Public. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the official Acts of George W. Clark, a Notary Public in Polk County, Iowa, be and the same are hereby rendered legal and valid, the same as if his commission was in full force and effect at the time, and as if he had in every respect complied with the Statute. SEC. 2. This Act being deemed of importance shall take effect from and after its publication in the Des Moines Times and State Register, without expense to the State. Approved April 8th, 1862. C H A P T E R 1 4 0 . DISTURBING THE PEACE. AN ACT to amend Section 4360 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of sec. 4860, R, the State ºf Iowa, That Section 4360, be amended by ad. 1860, amend, ding the following thereto, to-wit: And if any person or persons unlawfully and willfully disturb or interrupt any school, school meeting, teachers’ institute, lyceum, lite. Penalty for rary society, or any other lawful assembly of persons be: disturbing the peace. ing in the peace of the State, such person or persons shall be deemed guilty of a misdemeanor, and on cop. viction thereof shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the County Jail not exceeding thirty days. Approved April 8, 1862. LAWS OF IOW.A. 167 C EI A P T E R 1 4 7. FIFTH AND ELEVENTH JUDICIAL DISTRICTS. AN ACT to legalize and declare valid certain Judgments of the Dis. irict Court of the Fifth and Eleventh Judicial Districts of the State of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all judgments of the District Judgmeº Courts of the Fifth Judicial District, in accordance wit an Act creating the same, by the General Assembly, A. D. 1848, composed of the counties of Appanoose, Wayne, Decatur, Ringgold, Taylor, Page, Fremont, Monroe, Lucas, Clarke, Marion, Warren, Madison, Jasper, Polk, Dallas, Marshall, Story and Boone; and of the Eleventh Judicial District, composed of the counties of Marshall, Story, Boone, Hardin, Hamilton, Webster, Franklin, Wright, Hancock, Winnebago, Cerro Gordo and Worth, which have been recorded by the Clerks of the respec- tive Courts in said Districts at the time of the rendition thereof in due form, but which have not been signed by the Judges thereof, are hereby declared to be legal and valid to all intents and for all purposes, as though the same had been duly signed by the presiding Judges of said Districts as aforesaid, and all sales of real estate heretofore made by the Sheriffs on executions issued upon such judgments are hereby legalized and made valid; Provided, That nothing herein contained shall be so construed as to legalize and declare valid any judg- ment or sale of real estate that is otherwise illegal or un- equitable, than for the informalities hereinbefore stated. SEC. 2. This Act being deemed of immediate im- portance, shall take effect and be in force from and after its publication in the Des Moines Times, Register, and Boonsboro Times, or any two of them. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register and Des Moines Times April 19th, 1862. ELIJAH SELLS, Secretary of State. h made valid. 168 LAWS OF IOW.A. Board of Su . pervisors manage School Fund. Prior incum- brance may be removed. Board may employ agentS. C H A P T E R 1 4 8 . IPROTECTION OF SCHOOL FUND. AN ACT for the better protection of the School Fund. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the several Boards of Supervi. sors shall hold and manage the securities given to the School Fund in their respective Counties and also all judgments and lands therein belonging to said fund for the use of said fund ; and to that end such Counties shall have power to sue in their own name for the use of said fund, either by the District Attorney, or such other Attorney as such Board shall select, and to do all other acts in relation to the same, necessary for the pro- tection of said fund, and such counties shall be severally liable for all losses upon loans of such fund made in such County after the passage of this Act: Provided, that any County may discharge itself from any liability in any case by showing that the alleged loss was not incurred by reason of any default of her officers or by taking in- sufficient or imperfect securities. SEC. 2. Whenever any portion of the School Fund of this State has been loaned upon real estate security, upon which exists a prior incumbrance, other than for taxes, the several Boards of Supervisors of the respective Counties of this State, shall have authority in their dis. cretion, if they deem it necessary, to remove said prior incumbrance in order that said fund may ultimately re- alize the money upon said loan, to appropriate so much money out of the School Fund, if any there be within said County, as shall be necessary to remove said incum- brance, Provided, said incumbrance shall not exceed one-half the actual cash value of said real estate, and Provided further, that said respective counties shall, in such case, be liable for the ultinate payment, within five years thereafter, with ten per cent. interest thereon, of the money so appropriated so to remove said incum- brance. SEc. 3. Such Boards may, when deemed necessary, employ some competent person to examine the securi. ties aforesaid, make abstracts of titles to the lands mort- gaged, and make out complete statements, thereof for such Boards, and under the direction of said Boards, or a Committee thereof, to procure the renewal of such notes and mortgages, when demanded by persons enti- LAWS OF IOW.A. 169 tled thereto, upon such terms as to time and security in all respects as in making new loans. And such agent may with the consent of said Board or Committee take from any person responsible for any loan, any additional security by way of bond or mortgage, or both, in cases where the property mortgaged is inadequate security for the sum loaned, and the applicant shall pay up all inte- rest and procure the written consent of the securities on the note ; but in all cases of the continuance of loans, as well as in cases of new loans, abstracts of title shall be presented and filed with the mortgage, which shall show the title to the mortgaged premises is in the mortgagor, free and clear of any incumbrance or debt. SEC. 4. Any person responsible to the School Fund for any part of the principal thereof, who shall promptly pay all interests and costs (if any) thereon, whether, the same may be rendered into a judgment or not, shall be permitted to borrow such principal, upon complying in all respects with the requirements of law relating to new 108 Il S. SEC. 5. The Clerks of the several Boards of Supervi- sors in whose county there are outstanding contracts on sale of School Lands, and which contracts are due, shall immediately publish a notice requiring all persons hold- ing any such lands, to at once pay up the amount due thereon, or otherwise make satisfactory arrangements for an extension of time. He shall also give a like notice to all mortgagors to said fund on whose notes either principal or interest is due. Such notices shall be printed for four weeks in a newspaper published in the county, if there be one; if there be none, then in such newspa- per published in this State as will be most likely, in the Opinion of said Clerk to give notice to all concerned ; and a copy of such notice shall be posted for the same time at the outer door of the building in which the last District Court in said County was held. , SEC. 6. In case the person holding lands so contracted or mortgaged, shall neglect to pay the sums due thereon or make an arrangement for an extension of time, with- in three months from the first publication of such notice, such Board may cause suit to be brought, and prosecuted With the utmost diligence to secure said fund, and in any action in favor of a county for the use of the School Fund, an injunction may issue without bond, and in any Such action, where service is made by publication, de- fault and judgment may be entered and enforced without the bond required of individuals. In all such suits the Court shall give the Plaintiff as a part of the costs, such Principal may be bor- rowed. Clerk notify holders of lands, etc. Suit may be brought for amount due. Cost of Pl’ffs. Attorney. 22 170 LAWS OF IOWA. an amount as will be a sufficient compensation for the Plaintiff’s Attorney in the case. Land bid off. SEC. 7. In case of sales of lands on execution founded on any such mortgage or contract, the Attorney for said Board, or other person authorized by said Board shall bid on behalf of the State, for the use of said fund, such sum as the interests of said fund may require, and if struck off to the State, the same shall be held and dis. posed of in all respects the same as other lands belong. ing to said fund, except as hereinafter provided. Loans ratified SEC. 8. Loans from said fund heretofore made to School Districts, are hereby ratified and confirmed. Notes, etc., SEC. 9. , All contracts, notes and mortgages given to º said fund shall hereinafter be made payable to the county controlling them, but no such contracts, notes or mort. gages heretofore, or hereinafter made, shall be invalid, because they are made payable to any other payee, but the same shall be deemed and taken to belong to said County, for the use of the said fund, and suits may be maintained thereon in the name of the said County, with the same effect as if they were drawn payable to the said County. *: Statement SEC. 10. The Board of Supervisors shall cause their transmitted Clerk annually in the month of June to transmit to the to Auditor. Auditor, a statement of the amount of the permanent School Fund on loan or contract in such County, and all receipts and payments on account thereof: And when. ever any loss to said Fund is ascertained, he shall report Auditor tore the particulars thereof to the Auditor, who shall report port to Gen. the same to the General Assembly at its next session Assembly, thereafter, to the end that an appropriation therefor may be made to pay the interest thereon to said Fund. Appraisal of SEC. 11. When any lands shall be bid off in behalf lands. of said Fund, the Clerk of the Board of Supervisors may upon the application of any person proposing to buy the same, have the same appraised, on receiving from such applicant, the costs of such appraisal in advance. Appraisers The said Clerk shall thereupon select three competent, appointed disinterested freeholders, not of kin to the applicant, who shall be acquainted with the value of the land in question, who shall be sworn to appraise the land at such a sum as they would appraise the same in the payment of a just debt, due from a solvent debtor. Pay of ap- For such services, such appraisers shall be entitled to praisers. fifty cents each, upon signing a certificate of such valu: ation. Clerk may The Clerk may sell the same at such appraisal, for sell. ready pay, or he may contract for the sale thereof at such LAWS OF IOW.A. - 171 sum ; the purchaser paying the interest and costs included in the judgment on which the said land was sold, and the balance in five years with interest, at ten per cent, payable annually, on the first day of Jan- nary, with at least two sufficient sureties: Provided, such appraisal shall be equal to the judgment, interest and costs on which said land was bid in. If such appraisal be less than the aforesaid Sum, the Board may Board of Supervisors may in their discretion authorize authorize sale the sale at such appraisal, and the Clerk shall in that case report the balance of the judgment as loss to such Fund. & Sec. 12. Upon the full payment for any lands held* on account of said Fund, the said Clerk shall certify the fact of sale and payment to the Governor, and said Gov. ernor shall issue a patent therefor, whether said lands were of the sixteenth Sections, or lands bid in on fore- closure of mortgages. : SEC. 13. Lapse of time shall in no case bar any ac-Lapse of time tion brought or to be brought on any contract for any * to a C- part of the School Fund, nor shall such lapse of time pre- vent the introduction of evidence in any such action, any provision of Chapter 16 of the Revision of 1860 to the contrary notwithstanding. SEC. 14. In all cases where the Clerk of the Board Manner of ta- of Supervisors is required to take mortgages upon real.” estate as security for money borrowed, and upon the re-* turn of the appraisers thereof, it shall be the duty of the said Clerk to examine the assessment of the said land for the year previous, and should the said appraisal be higher than the said assessment, it shall be the duty of the said Clerk to take the security upon one-half of the assessed valuation thereof. SEO. 15. This act being deemed of immediate impor- tance shall take effect and be in force from and after its publication in the Daily Iowa State Register, and the Daily Des Moines Times, papers published at Des Moines. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 19, 1862, and in the Des Moines Times April 19th, 1862. ELIJAH SELLS, Secretary of State. 172 LAWS OF IOW.A. Preamble. Escheat re- linquished. O H. A. PT E R 1 4 9 . ESC EIEAT. AN ACT for the relief of the Widow and indigent children of Joseph Ketterer. WHEREAs, In the year 1842 or 1843, one Joseph Ketterer of Germany, emigrated to the United States, and set. tled in the State of Iowa, intending to remove his fam. ily to this country as soon as he could procure a home and means to do so, and whereas in the year 1844, he pººl of the United States the S. E. 4 of the N. # Sec. 5, and the S. W. 4 of the N. E. of Sec. 8, all in T. 74, N. R. 9 W., situated in the County of Washington, State of Iowa, made improvements thereon, &c., and in the year 1846 died in the city of Burlington, Iowa, before he had removed his family to this country; and whereas, it appears that his wife, Crescent Ketterer, is of old age, and in ill health, and that his children Joseph Ketterer and Ferdinand Ketterer, as well as their mother, are in such indigent circumstances as to prevent their removal to the United States, Therefore, Be it enacted by the General Assembly ofthe State of Iowa, That the State of Iowa does hereby relinquish all right or title by escheat, in and to the said S. E. : of the N. E. 4 Sec. 5, and the S. W. 4 of the N. E. Sec. 8, all in T. 74, N. R. 9 W., all property of Joseph Ketterer, real or personal, situated in Washington County, State of Iowa, or any title she may have ac. quired to said lands, and hereby grants the same to, and re. linquishes her right thereon to the said Crescent Ketterer, wife of said Joseph Ketterer, and to Joseph Ketterer and Ferdinand Ketterer, the children and heirs of said Joseph Ketterer deceased, and to their heirs, assigns or vendees subject however to all general or special taxes as other lands. SEO. 2. This Act to take effect and be in force from and after its publication in the Iowa State Register, a newspaper published in Des Moines, Iowa; and the Burlington Hawkeye, a newspaper published in Burling: LAWS OF IOW.A. ton, Iowa, provided it shall not be at the expense of the State. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register April 23rd, 1862, and in the Burlington Hawkeye, April 28, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 1 5 0. DEFAULT. AN ACT to annend the Code of Civil Practice. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Sections 3156, 3157, 3158, and Plaintiff give $159, in Chapter 123 of the Revision of 1860, are hereby *y. repealed, and the following is substituted therefor. When Judgment by default is rendered against a Defendant who has not been personally served, the Court before issuing process to enforce such judgment, may if deemed expedient, require the plaintiff to give security to abide the future order of the Court as contemplated in Section 3160. SEC. 2. This Act shall take effect from its publica- tion in the Iowa State Register and Des Moines Times, newspapers published at theSeat of Government. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Des Moines 'I'imes April 19th 1862, and in the Iowa State Register, April 23d, 1862. ELIJAH SELLS, Secretary of State. O H. A. P. T. E. R. 1 b 1 . DOWER. AN ACT to amend Article four of Chapter one hundred of the Revision of 1860 in relation to dower. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section two thousand four hun- Sec. 2477, R. 174 LAWS OF IOW.A. Wife's (lower Cohabitation evidence of marriage. Sec. 2478, R. repealed. Widow’s dower. Widow's homestead. Rights of dower appli- cable to hus- band. dred and seventy-seven of the Revision of 1860 be and the same is hereby repealed, and that there be enacted in lieu thereof the following, to-wit: Sec. 2477. One. third in value of all the real estate in which the husband at any time during the marriage had a legal or equitable interest, which has not been sold on execution or other jndicial sale, to which the wife has made no relinquish. ment of her right, shall, under the direction of the Court, be set apart by the executor, administrator or heir, as her property in fee-simple, on the death of the husband, if she survive him. Continuous cohabitation as husband and wife is presumptive evidence of marriage for the purpose of giving the right aforesaid. SEC. 2. That Section two thousand four hundred and seventy-eight of the Revision of 1860 be and the same is hereby repealed, and that there be enacted in lieu thereof the following, to-wit: Section 2478. If the referees report that the property or any part thereof can. not be readily divided as above directed, the Court, if satisfied with such report, may order the whole to be sold, and one-third of the proceeds paid over to the wid: ow ; but such sale shall not take place if any one inter. ested to prevent it, will give security, to the satisfaction of the Court, conditioned to pay the widow the ap- praised value of her share, with ten per cent. interest on the same within such reasonable time as the Court may fix, not exceeding one year from the date of such secu- rity. If no such arrangement is made, the widow may keep the property, by giving like Security to pay off the claims of all others interested, upon the like terms. With any money thus paid to her the widow may procure a homestead which shall be exempt from liability for all debts, past or prospective, from which the former home. stead would have been exempt in her hands. And in order that the sale herein provided for may not be forced at unfavorable times, or contrary to the wishes or inter- ests of those interested, it is further provided that such sale shall not be ordered so long as those in interest shall express a contrary desire and shall agree upon some mode of sharing and dividing the rents, profits or use of such property, or shall consent that the Court divide it by rents, profit or use. SEC, 3. Section two thousand four hundred and sev- enty-nine of the Revision of 1860 is hereby repealed, and the following in place, thereof is enacted. Section 2479. All the provisions hereinbefore made in relation to the widow of a deceased husband, shall be applicable to the husband of a deceased wife. Each is entitled to LAWS OF IOW.A. - 175 the same right of dower in the estate of the other, and the like interest shall in the same manner descend to their respective heirs. The estate by courtesy is hereby . SEO. 2. This Act being deemed of immediate impor- tance shall take effect and be in force from and after is publication in the Daily State Register and Daily Des Moines Times, newspapers published in the City of Des Moines, Iowa. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Daily Slate Register April 18, 1862. ELIJAH SELLS, Secretary of State, C EI A P T E R 1 5 2 . DEAF AND DUMB AND BLIND ASYLUM. AN ACT to provide for the support of the Deaf and Dumb and Blind Asylum. SECTION 1. Be it enacted by the General Assembly Of the State of Iowa, That to meet the ordinary ex-Appropriatiºn penses of the Deaf and Dumb and Blind Asylums, in- stitutions for the education of mutes and the blind, in- cluding rents, furniture, books, maps, charts, music and musical instruments, and the compensation of the Prin- cipal, Matron, and Teachers of such institutions, there is hereby appropriated from the State Treasury, the sum of three thousand dollars per annum to each of said institu- tions, or, so much thereof as may be necessary. SEo. 2. The Superintendent or Principal of each of Salary of the above named institutions shall be entitled to receive Principal. out of the above money appropriated, the sum of seven hundred dollars each. The Matron of each of said institutions shall be enti-Pay of Ma- tled to receive the sum of two hundred and fifty dollars #. and . chers. each; and any male teacher or teachers that may be em- ployed by the officers of the Board in either of such in- stitutions, shall receive not to exceed three hundred and fifty dollars per annum, and any female teacher or teach- ers that may be so employed, shall receive not to exceed two hundred dollars per annum, which several sums shall be paid out of the money above appropriated, quarterly, 176 LAWS OF IOW.A. upon an order of the Board of Trustees, which, when presented to the Auditor, he shall issue his warrant therefor. Pupils admit- SEC. 3. Pupils shall be admitted into each of said ted. institutions of proper age and condition, upon application to the Principal of each of said institutions. Clothing SEC. 4. That when the pupils of either of said insti. pupils. tutions are not otherwise supplied with clothing, they shall be furnished by the Superintendent of such insti. tution, who shall make out an account therefor in each case against the parent or guardian, if the pupil be a minor, and against the pupil if the pupil have no parent or guardian or have attained the age of majority, which account shall be certified to be correct and signed by such Superintendent, and shall be prima facie evidence of its correctness in the Courts of this State, and such Superintendent shall forth with remit such account to the Treasurer of the proper county, who shall collect the Same by suit, if necessary, in the name of such institu. tion, and pay the same into the State Treasury with his next regular payment. Current ex- SEC. 5. For the purpose of meeting the current ex- penses. penses, there is hereby appropriated out of the State Treasury, twenty-five dollars per quarter for each pupil in said institutions, or so much thereof as may be neces. Trustees re- Sary; provided, however, that the Board of Trustees port to Audit shal! at the beginning of each quarter when the school OI". is in session, transmit to the Auditor of State their order on said Auditor, a certificate of the actual number of pupils present at the beginning of said quarter, and should the beginning occur in vacation, the actual num, ber the preceding quarter, and upon this certificate, the Auditor shall issue thereon warrants according to the Or. der of the Board of Trustees. SEC. 6. The Principal of each of the above institu. º * tutions shall report to the General Assembly, at each regular session thereof, the whole number of students and the time actually in attendance in each year, with a complete statement of the expenditure of such insti. tution. Rent. SEC. 7. That in no case shall the rent of the build- ings used by the institutions of the Blind and the Deaf and Dumb, exceed the cost of three hundred dollars per year to the State. Repeal SEG 8. That section 12 of an Act entitled an Act to jacts, establish an Asylum for the Blind, passed at the Fifth General Assembly, and took effect January 31st, 1855– and section 12 of an Act to establish a State Institution LAWS OF IOW.A. 177 for the Deaf and Dumb, which took effect January 31st, 1855, and passed at the Fifth General Assembly, are hereby repealed, together with all Acts and parts of Acts coming in conflict with this Act. SEC. 9. This Act being deemed by the General As- sembly of immediate importance, shall take effect and be in force from and after its publication in the State Register, and Des Moines Times, papers published at Des Moines, Iowa. Approved April 8, 1862. I hereby certify that the foregoing Act was published in the State Register, April 18, 1862, and in the Des Moines Times April 19th, 1862. ELIJAH SELLS, Secretary of State. C E[ A P T E R 1 5 3 . DUBUQUE AND SIOUX CITY RAILROAD COMPANY. AN ACT to require the Dubuque and Sioux City Railroad Com- pany to release certain Swamp, School and River Lands, on the line of Said Road, and providing for the compensation therefor by an extension of the time of building said Road. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That from and after the taking effect of this Act, the Governor of the State of Iowa shall not Certify to the Secretary of the Interior that any part of the road is completed on the line of the Dubuque and Sioux City Railroad, as now provided for by section four (#) of the Act of Congress making said grant, approved May 15th, A. D. 1856; nor shall said road be entitled to receive any certificate for lands on said line of road until said Company shall have executed a deed of re- lease of all the swamp and overflowed lands now approved, or that may be hereafter approved by the Surveyor Gen- eral, in any County within the fifteen mile limits of said road, to the County in which such swamp and overflowed lands may be situated, including all such swamp or over- flowed lands as were returned and certified to the Gen- eral Land Office, and ratified to the State by Act of Con- gress of March 3d, 1857, nor until said Dubuque and Sioux City Railroad Company shall transfer their inter- est in those tracts of land in Webster and Hamilton Dubuque & Sioux City R. R. Co. 23 178 LAWS OF IOW.A. State Land Office Reg. Deeds of re- lease. Deeds of re- Counties, heretofore sold by John Tollman, School Fund Commissioner of Webster County, within the fifteen mile limits of the grant of said road (whether the same are held by patents from the State, or contracts made with said Commissioner) to the Register of the State Land Office, in trust to enable said Register to carry out and perform Said contracts in all cases where he is called upon by the parties in interest to do so before the first day of January, A. D. 1864, (after which day he is authorized and required to re-convey those tracts aforesaid not do. manded or claimed as aforesaid at that time, to said Railroad Company), nor until the said Dubuque and Sioux City Railroad Company shall execute deeds of re. lease to the State of Iowa of all lands sold by the State prior to the 7th day of May, A. D. 1854, of the odd Sections above the Raccoon Fork of the Des Moines River within five miles of said River, and of such other of said lands as have been sold since that date and prior to the first day of January, A. D. 1862, and now im. proved and occupied by actual settlers residing thereon, who have purchased the same in good faith, not exceed. ing, however, one hundred and sixty acres to any one land settler. SEC. 2. The deeds of release herein provided for shall lease by said be executed and acknowledged by said Company, in the R. R. Co. Deeds shall be filed and recorded. Completion of R. R. ex- tended. same manner as any other deed for the conveyance of real estate, but it shall not be necessary to describe the sep. arate parcels of said lands, and a general release of each kind of land herein described, viz., as “swamp lands,” &c., to the State shall be a valid and legal release of each separate parcel of said lands to the county in which any part thereof may be, and of the Des Moines River Lands and School Lands aforesaid, to the present claimants of title by sale through the State or said School Fund Commissioner, as the case may be. SEC. 3. The said deeds of release shall be filed and recorded in the office of the State Register of the State Land Office, and either the record or the certificate of said Register shall be sufficient evidence of the com: pliance of said Companies with the provisions of this Act. - SEo. 4. In consideration of the foregoing relinquish- ment by said road, the time of completion of any part of said road not now completed, shall be extended one year beyond the time of the taking effect of this Act: Provided, that the entire road shall be completed by the time provided for by said Act of Congress. SEo. 5. All Acts and parts of Acts in any manner LAWS OF IOW.A. * 179 |conflicting with the provisions of this Act, are hereby repealed. SEC. 6. This Act shall take effect and be in force |from and after its publication according to law. | Approved April 7th, 1862. C H A P T E R 1 5 4 . TREASURER's CERTIFICATEs. AN ACT to protect owners of Treasurers’ Certificates of purchase d of Real Estate at Tax Sales. | SECTION 1. Be it enacted by the General Assembly of |the State of Iowa, That the owner of a Treasurer's Cer- |tificate of purchase of lands in this State, now or here- º: |after sold for taxes, may recover damages by suit in his pass on iaids. own name, of any person committing waste or trespass thereon, as provided in sections 2134 and 2137 of the Revision of 1860. SEC. 2. All moneys collected under the provisions of Moneys col- this Act shall be paid, by the officer collecting the same, lected. to the Clerk of the Board of Supervisors of the County in which the waste or trespass was committed, which moneys shall be held by said Clerk, and an entry thereof made in a book to be kept by him for that purpose, until the lands upon which such waste or trespass was com- mitted, shall have been redeemed or a Treasurer’s deed |therefor shall have been executed and delivered to the holder of said certificate, when if redemption be made, the money shall be paid the owner of the land, and if not redeemed, to the tax sale purchaser or his assignee. Approved April 8, 1862. O H A P T E R 1 5 5. DECREES AND JUDGMENTS U. S. DISTRICT COURT. AN ACT requiring the Recorders of Deeds and Mortgages of the several counties of Iowa to procure and keep on file in their respec- tive offices, a report of the Decrees and Judgments rendered in the District Court of the United States for the District of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be the duty of the Recor- 180 LAWS OF IOW.A. Co. Recorder ders of Deeds and Mortgages of the several counties of to procure re. Iowa, to procure a certified report from the records of Pº.9.3° the District Court of the United States for the Distric Crees and judgments of of Iowa, of the Decrees and Judgments rendered there. U. S. District in, unsatisfied or partly unsatisfied, showing the place of Court. holding the term, the Division, No. of the case, names of parties, date and amount of Judgments, amount of costs, rate of interest, date and amount of payments, date of execution and description of lands embraced in the Mar. shal's return as sold, to whom sold, sum sold for, date of Sale, numbers of lands levied upon and advertised, but not sold. ECeep report SEo. 2. It shall be the duty of the said Recorders of ...” Deeds and Mortgages to procure such certified Reports within ten days subsequent to the adjournment of the terms of said Court, and to place and º them on file in his office for the inspection of any persons desiring to examine the same during office hours. | SEC. 3. The Board of Supervisors of the County ...shall audit and allow the Recorder the sums paid by him ports furnish- . º º ! ..] 1 . ed. in procuring such Reports, which sums shall be paid to the said Recorders out of the County Treasury. SEC. 4. This Act being deemed of immediate im. portance by the General Assembly shall take effect and be in force from and after its publication in the Iowa State Register and the Des Moines Daily Times, newspapers published at Des Moines. Approved April 8th, 1862. | I hereby certify that the foregoing Act was published in the Des: Moines Daily Times, April 18th, 1862, and in the Iowa State Register, April 23d, 1862. : ELIJAH SELLS, Secretary of State. O H. A. P. T. E. R. I 5 6. STATE AND COUNTIES TO ACQUIRE PROPERTY AND COL- I,ECT MONEYS. AN ACT to amend Chapter 32 of the laws of the present session Of the General Assembly, and to further provide for the collection of moneys due the State and Counties. SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That the proper officer named in LAWS OF IOW.A. -- 181 section one of the Act to which this Act is amendatory shall be, 1st–The Attorney General of the State or the proper Officer for District Attorney in case the judgment is in the name of State. the State, and the proceeds thereof are payable into the State Treasury. 2D—That in case the proceeds of the judgment are by Officer for law payable into the County Treasury for the use of the County. County Revenue or the School or other fund of the County, the proper officer shall be the District Attorney of the District, or the President of the Board of Super- visors of the County, or any Attorney employed or au- thorized by the Board of Supervisors to prosecute such claim. 3D–That the officers above named, shall in the cases Instructions aforesaid have full authority to bid upon and purchase in to bidders. the name of the State or County, as the case may be, real or personal property sold upon execution upon judg- ments in favor of the State or County, or any fund thereof, whenever they shall deem it necessary so to do for the interest of the State or County, and to take the title to said property in the name of the State or County, to be held .# disposed of as provided in the Act to which this is amendatory. SEC. 2. That in all cases where claims have accrued Collection of or may hereafter accrue in favor of the Warden of the money. Penitentiary of this State, which the Warden shall deem it advisable to collect by law, it shall be the duty of the District Attorney of the First Judicial District to bring suit upon and collect the same ; and in case the Governor of the State shall so direct, the Attorney General of the State shall also give his personal attention to said suits. SEC. 3. Judgments now or hereafter rendered in fa-e, , , vor of the Warden of the Penitentiary, shall be collected º e tº g tº ay acquire upon execution, and the Attorney General or District property. Attorney shall have the same power to bid upon and purchase property upon such executions as is given in this Act, where judgments are in favor of the State, and the |. shall be held and disposed of for the use of the enitentiary by the Governor, in the same manner as is provided in the Act to which this is amendatory. Approved April 8th, 1862. 182 LAWS OF IOW.A. Six Con- #." istricts. 1st district. 2d district. 3d district. 4th district. 5th district. 6th district. First election Returns. C EI. A P T E R 1 5 7 . CONGRESSIONAL DISTRICTS. AN ACT to divide the State into six Congresional Districts. SECTION 1... Be it enacted by the General Assembly of the State of Iowa, That this State shall be divided into six Congressional Districts, for the election of Represert. atives in the Congress of the United States, each of which districts shall be entitled to elect one Representa. tive. SEQ. 2. The limits and designation of said districts shall be as follows: First District.—The Counties of Lee, Van Buren, Davis, Jefferson, Henry, Des Moines, Louisa and Wash. ington, shall constitute the first district. Second District.—The Counties of Muscatine, Scott, Clinton, Jackson, Cedar, Jones and Linn, shall constitute the second district. Third District.—The Counties of Dubuque, Clayton, Alamakee, Winneshiek, Howard, Mitchell, Buchanan, Floyd, Chickasaw, Bremer, Fayette and Delaware, shall constitute the third district. - Fourth District.—The Counties of Appanoose, Mon- roe, Wapello, Marion, Mahaska, Keokuk, Jasper, Powe. shiek, Iowa, Johnson, Tama and Benton, shall constitute the fourth district. Fifth District.—The Counties of Polk, Dallas, Guth- rie, Audubon, Shelby, Harrison, Warren, Madison, Adair, Cass, Pottawattamie, Lucas, Clarke, Union, Adams, Montgomery, Mills, Wayne, Decatur, Ringgold, Taylor, Page and Fremont, shall constitute the fifth district. Siarth District.—The Counties of Worth, Cerro Gor. do, Blackhawk, Grundy, Butler, Franklin, Hardin, Mar. shall, Story, Hamilton, Wright, Hancock, Winnebago, Boone, Webster, Humboldt, Kossuth, Greene, Calhoun, Pocahontas, Palo Alto, Emmett, Carroll, Sac, Buena Vista, Clay, Dickinson, Crawford, Ida, Cherokee, O’Brien, Osceola, Monona, Woodbury, Plymouth, Sioux and Buncombe, shall constitute the sixth district. SEC. 3. The first election for members of Congress under this Act, shall be held at the general election in the year one thousand eight hundred and sixty-two, and every two years thereafter. SEC. 4. The returns of election for members of Con- gress under this Act shall be made to the Secretary 0 LAWS OF LOWA. - 183 |State, and the canvass shall be made by the Board of |State Canvassers, which return and canvass shall be made as required by law for the return and canvass for Auditor of State. | Approved April 8th, 1862. C Eſ A P T E IR 1 5 8 . CONNECTING RAILROADS. |AN ACT to regulate the carrying of freight and passengers over º connecting rail roads. - SECTION 1. Be it enacted by the General Assembly of e the State of Iowa, That any railroad company in this Connection. State owning a rail road, shall on request permit any other rail road to connect with, and shall draw over its |road the cars of any other rail road, connecting with it, at reasonable times, and for a toll not exceeding its ordi- nary rate. SEC. 2. When rail road companies do not agree upon Agree upon terms of connection or rates of transportation, either may terms. make application to the District Court in any County, in | which said connection may be located, or to the Judge of |said Court if in vacation, after ten days notice in writing to the other company, and after hearing the parties, or on |default, the said Court or Judge may appoint three dis- interested persons, being Presidents or Superintendents of rail roads, or experts in rail road business, without regard to their place of residence, as Commissioners, to determine the terms of connection and rules and regula- tions necessary thereto. SEC. 3. Said Commissioners shall meet at such time Report of and place as may be ordered by said Court or Judge, referees. and shall hear the parties, and any testimony brought before them, and make and sign their report, prescribing the things to be done. Such report made by them or a majority of them, shall within such time as ordered by Report to be |said Court or Judge be returned to and filed in said binding. Court, to be confirmed thereby ; and when so confirmed, it shall be binding on the parties until another report shall be made upon a new application, which cannot be made within two years after such confirmation. SEo. 4. Said Commissioners shall have such compens- 184 LAWS OF IOW.A. Pay of the ation as shall be deemed reasonable by the Court; and referees, etc. shall be governed by the same rules and have the same powers in compelling the attendance of witnesses, and shall themselves be sworn, as is now provided in cases of referees in civil actions in the District Court; and exceptions may be taken to their report in the same man. ner, and such exception shall have the same effect, and the proceedings upon their report shall be the same as on reports of referees in cases referred from said Court, and the costs shall be paid by the parties in such proper. tions as to the Court may seem equitable and just. SEC. 5. If the officers of, or any person in the employ Non-compli of either of said companies refuse to comply with the 8, Il Ce. terms of such confirmed report, they may be punished as for a contempt of said Court. - Approved April 8th, 1862. O H. A. P T E R 1 5 9. OFFICERS OF RAIL ROAD COMPANIES. AN ACT to require Officers of Railroad Companies to reside within the State of Iowa, and defining their duties. SECTION 1. Be it enacted by the General Assembly of Off! the State of Iowa, That the Secretary and Treasurer, CerS Tø- e - º * ... ." §ate, or Assistant Treasurer and General Superintendent of each any every Railroad Company now or hereafter or. ganized under the laws of this State, elected after the passage of this Act, shall reside in the State of Iowa. SEC. 2. That the offices of Secretary, Treasurer or *Assistant Treasurer and General Superintendent of every such Railroad Company, shall be established and kept within this State, at the place designated in the charter as the general business office of such Company, at which office or offices the orginal record, stock and transfer books and all the original papers and vouchers necessary to such Company shall be kept ; and it is hereby made the duty of the Treasurer or Assistant Treasurer to keep a record of the whole financial condition of said Company, which shall be open at all reasonable hours for the inspection of any stockholder of such Company, and any investiga: tion instituted by the Legislature of this State. SEC. 3. That every such Railroad Company shall an Office— kept. LAWS OF IOW.A. - 185 nually under the oath of its President, in the month of Company's January, make a full report of the condition of its af-report. fairs to the Secretary of State, and shall have the same ublished in some newspaper printed in the place of its general business office, showing the amount of the Capi- ial stock of such Company, and the amount paid thereon; the amount of bonds issued and how Secured, and all other indebtedness; the length of such Railroad when completed, and how much is built and in use ; the number of acres of land donated or granted to them, by whom, and what disposition has been made of said grants or donations; the gross amount of receipts and how disbursed ; the net amount of profits and the divi- dends made, with such other facts as may be necessary to a full statement of the affairs and condition of such Railroads, and the Secretary of State shall present the said reports to the General Assembly. SEC. 4. In case any such Railroad Company shall Mandamus to neglect to make such report as required in the preceding º Co. to section, any Stockholder of such Railroad Company” either individual or municipal, may file his petition in the District Court in the county where the principal business office of such Railroad Company is kept, stat- ing that said report has not been made, praying that a peremptory writ of mandamus may issue against the said Railroad Company commanding them to make said report; said petition shall be under oath, and filed at least ten days before the next term of the District Jourt in said county, and notice thereof shall be given to the said Railroad Company for the same length of time, and in the same manner as is now required to be given defendants in other suits originally brought in the District Court, and upon the filing of such petition the Clerk of said District Court under the seal thereof, shall issue a peremptory writ of mandamus against the said Railroad Company and make the same returnable at the next term of the District Court in said county, and costs shall be recoverable by either party, as in ordinary ac- tions. SEC. 5. If such Railroad Company shall fail to obey Committee to said writ as therein required, the said Court shall during.” and the term appoint three disinterested and competent per- p Sons living near the place of the general business office of said Railroad Company, as an investigating Commit- tee, who shall examine into the affairs of said Railroad Company,and report at as early a day as practicable, its condition, in manner and form as prescribed in section three of this Act, one copy of said report to be filed in 24 186 LAWS OF IOW.A. Transfer of. fice in anoth- er State. Gov. appoint agents. the office of the Clerk of the District Court of the county where the proceedings are had, and one copy to be filed in the office of the Secretary of State; the compensation for the services of such Committee shall be paid by the Railroad Company thus investigated, which shall not ex. ceed three dollars per day, and mileage at the rate of ten cents per mile, counting one way. SEC. 6. The Board of Directors of any such Railroad Company may establish in any other State a transfer office, in which shall be kept a duplicate transfer book, but in no case can a transfer of shares of stock in such Company be in force or binding, until the same is en- tered in the original transfer book, in the office in this State. SEC. 7. All Acts and parts of Acts inconsistent here. with are hereby repealed. SEC. 8. This Act being deemed of immediate im. portance, by the General Assembly, it shall take effect and be in force from and after its publication in the Iowa State Register and Daily Des Moines Times, news. papers published at Des Moines, Iowa. Approved, April 8, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register, April 23, 1862, and in the Des Moines Times April 20, 1862. ELIJAH SELLS, Secretary of State. O H. A P T E R 6 0 . SWAMP LANDS. AN ACT to authorize the Governor and Board of County Supervi- sors to appoint agents in regard to Swamp Lands belonging to the State of Iowa, and defining their duties. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Governor is hereby au. thorized and empowered to appoint an agent or agents to make a settlement with the Commissioners of the General Land Office, for the lands emuring to the State of Iowa by an Act of Congress, entitled “An Act tº enable the State of Arkansas and other States to reclaim the swamp and overflowed lands within their limits,” approved September 28th, 1850. SEC. 2. That when the General Government shall LAWS OF IOW.A. - 18 7 have issued the land scrip and refunded the money to Land Scrip. this State, as provided in the Act of Congress approved March 2d, 1855, said land scrip shall be deposited with the Register of the State Land Office, until ordered to be disposed of in accordance with the provisions of this Act. And the money hereafter paid this State as contemplated by the aforesaid Act of Congress, ap- proved March 2d, 1855, shall be deposited with the State Treasurer, subject to the order of the Board of Supervi- sors of the county to which said money or land scrip shall belong, as hereinafter provided. SEC. 3. That as soon as any of the land scrip, re-Scrip trans- ferred to in the second section hereof, shall be received". by the Register of the State Land Office, he shall im- mediately notify the Governor of such fact; when it shall be the duty of the Governor to appoint an agent or agents to receive and locate said scrip; and the ap- pointment of the Governor with the great Seal of the State attached, shall be sufficient authority for the Reg- ister of the State Land Office to transfer to the person 80 presenting said appointment, any of the land scrip re- ferred to in this Act. SEC. 4. When the agent contemplated in the third Agents to lo- section hereof, shall by virtue of his office, receive any “ ”P. of the land scrip herein referred to, it is hereby made his duty to proceed to the most convenient Land Office at which said land scrip can be located, and make selec- tions of the number of acres of land named in the scrip he may then have in his possession, and make his return in writing, accompanied with the certificate of the Reg- ister of the Land Office where said location may be made, to the Register of the State Land Office. But if there should not be a sufficient number of acres of land subject to be selected by said agent in any one of the Government Land Offices to which said agent may ap- ply, he is authorized to apply to any or all of such offices wherein said scrip can be located, until the scrip in his possession shall be disposed of. SEC. 5. As soon as any agent contemplated by this Register to Act shall deliver his return as provided in this Act, to obtain Patent the Register of the State Land Office, it is hereby made the duty of said Register to file and record the same ac- Cording to law, and immediately thereafter send a certi- fied copy thereof to the Commissioner of the General Land Office, and demand and receive from said Commis- sioner a patent for the lands thus located, and when such patent shall have been received by said Register in his office, he is hereby required to notify the Governor of 188 LAWS OF IOW.A. Gov. to deed the receipt thereof, when it shall be the duty of the to counties. Bond of agent. Agents act under in- Structions, Register to notify State Treasurer. Counties draw their money from State Treas- uly. Co. Agents to give bond. Governor to deed the same to the county or counties to which it belongs, and mail the same to the Clerk of the Board of Supervisors of such county. SEC. 6. Before any agent contemplated by this Act will be authorized to enter upon the discharge of the duties herein assigned him, he shall execute a bond to the State of Iowa, in a penal sum to be fixed by the Governor and Register of the State Land Office, and with sureties to be approved by them, which approval shall be in writing on the back of said bond, and signed by the Governor and Register, which said bond after being so approved shall be by them deposited and re. corded in the office of the Secretary of State, and shall be for the benefit of any party injured by a breach thereof. SEC. 7. That the agent or agents appointed by virtue of the provisions of the first section of this Act, shall act under and by virtue of written instructions given them by the Governor and Register of the State #. Office. But in no case shall said agent be instructed or empowered to receive from the General Government any portion of the money due from the Government to this State. SEo. 8. It shall be the duty of the Register of the State Land Office upon the information that the money due this State, or any part thereof, can be obtained, to notify the State Treasurer, with information to what county it belongs, when it shall be the duty of said Treasurer to receive and collect the same. SEC. 9. The State Treasurer shall, as soon as any of said money comes into his hands by virtue of this Act, notify the Clerk of the Board of Supervisors of the county to which said money belongs, and upon the re. ceipt of such information by any such Clerk in this State, it shall be his duty to communicate such informa. tion to the Supervisors of his county at their first regu. lar meeting thereafter, and when the Board of Supervi sors of any such county shall by an agent appointed by them, present an order to the State Treasurer for the money belonging to their county, certified to by the Clerk of said Board, with the county seal thereto at tached, to the State Treasurer, he shall pay over to such agent the money belonging to said county, and their or der so presented shall be a sufficient voucher to the Treasurer for the payment by him of said money. SEO. 10. The Board of Supervisors of any County in this State or the Clerk thereof, shall not deliver to any LAWS OF IOW.A. 189 agent appointed by them to receive the money due to any such County, as contemplated in this Act, any order or Orders to draw such money until such agent or agents shall have executed a bond to such county in a penalty equal to double the amount of money to be drawn by him, with sureties to be approved by said Board for the taithful discharge of his said trust. SEC. 11. That the agents appointed by the Board of Compensatiºn Supervisors by virtue of this Act shall receive in full of Co. Agents compensation for their services, three dollars per day for the time actually employed by them on said services, said compensation to be paid by the Counties receiving said lands or money, and such further sums of money to pay the traveling expenses of said agent while acting in the discharge of his duties as may be agreed upon by and between said agent and the Board of Supervisors of the County or Counties for whose benefit he is acting. SEC. 12. The agent or agents appointed by the Gov- Compensati'n ernor under the provisions of this Act, shall receive as of State agent a full compensation for the services rendered, and ex- penses incurred by virtue of said appointment, the sum of four dollars per day, which said compensation shall be paid by the State; but the amount so paid shall be divided pro rata among the several Counties, according to the amount in value of the money and lands secured to such county by the provisions of this Act, the land to be valued at $1,25 per acre, and the amount so found due by each county to the State, shall be paid before such County shall receive its share of the money and lands which may be obtained under the provisions of this Act. SEC. 13. Notwithstanding the foregoing provisions Special coun- of this Act, the Board of Supervisors of any County, ty agent for the purpose of expediting a settlement of the claim ºf such County, may nominate to the Governor a suitable person or special agent to settle said claim ; and the Governor shall thereupon appoint such per- son the special agent of the State to make such set- tlement with the United States for the swamp lands Within the territorial limits of such County. The pro- ceeds of such settlement may be received by such agent, and shall be delivered to the said Board of Supervisors for the use of the county. The costs, expenses and com- pensation of such special agent shall be paid by the County requesting appointment thereof. SEO. 14. All Acts and parts of Acts coming in con- flict with this Act are hereby repealed. SEo. 15. This Act being deemed by the General As- sembly of immediate importance, shall be in force from 190 LAWS OF IOWA. Trustees. Board to fill Vacancies. Repealed. $7,000 for guards. and after its publication in the State Register, and Des Moines Times, newspapers printed in Des Moines, Iowa. Approved April 8th, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 19th, 1862, and in the Des Moines Times April 26th, 1862. | ELIJAH SELLS, Secretary of State. O. H. A P T E R 1 6 1 . TRUSTEES OF BILIND ASYLUM. AN ACT to amend Chapter ninety, Article two, of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That James Chapin of Benton County, Iſon. Elijah Sells and the Principal of the In. stitution for the Education of the Blind, be and are hereby constituted a Board of Trustees for the Institution for the Education of the Blind, SEg. 2. All vacancies occurring shall be filled by the Board of Trustees until the meeting of the next General Assembly, and until their successors are appointed and qualified. SEC. 3. Section 2144 of the Revision of 1860 is hereby repealed. Approved April 8th, 1862. C H A P T E R 1 6 2 . AIPPROPRIATION FOR PENITENTIA.R.Y. AN ACT making appropriation for Guards' Salaries, Library, Locks, Cistern, Ash-House, Vault for Clerk's Office, Contingent Fund, Shop and past indebtedness of the Penitentiary. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That there is hereby appropriated out of any money in the Treasury not otherwise appro- priated, for the State Penitentiary as hereinafter pro- | - LAWS OF IOW.A. - 191 vided, the sum of seven thousand dollars or so much of the same as may be necessary to pay the expenses of guarding the premises, the same to be paid monthly, on i. order of the Warden accompanied with a statement of the number of hands employed and the amount paid to each. SEC. 2. There is also hereby appropriated the sum of $100 for Li- ºne hundred dollars to be used in purchasing books for the brary. library, which books are to be selected by the Chaplain of the prison, and paid for by an order drawn by the Warden. SEC. 3. There is also appropriated the sum of one $190 for locks hundred and ninety dollars to purchase locks for the calls, or so much of this sum as may be necessary to re- place old and insecure ones, the same to be paid for by an order drawn by the Warden. SEC. 4. There is further appropriated the sum of two sº; for ash- hundred and fifty dollars to build a cistern, and a further house. sum of seventy-five dollars to build an ash-house, and the sum of two hundred and fifty dollars to build a vault $250 for for Clerk’s Office. These sums or so much of them as Clerk's Vault. may be necessary, shall be expended under the direction warden to of the Warden for the specific purposes for which the diº. appropriations are made, and the sums of cost therefor penditure. drawn from the Treasury on the order of the same. SEC. 5. There is also appropriated out of the Treas- $2,500 for ury, twenty-five hundred dollars for the erection of alºmith blacksmith shop, said shop to be built in accordance with * the plans heretofore adopted by the Inspectors. The Contract. Warden shall superintend the building of said shop, and shall let the contract to the lowest responsible bidder. The moneys appropriated in this section shall be drawn from the Treasury on the order of the Warden. SEC. 6. That the sum of two thousand dollars, to pay $2,000 for he balance of the past indebtedness of the Penitentiary º be, and the same is, hereby appropriated. €CiD, CSS. SEC. 7. The foregoing, claims of the past indebted-How audited. ness of the Penitentiary shall be audited and paid in the same manner as is provided for by an Act providing for the payment of the indebtedness of the Penitentiary, approved April 2, 1860. SEo. 8. That the further sum of one thousand dollars, $1,000 for is hereby appropriated for a contingent fund. All or- Sºntingent ders drawn on the above contingent fund by the Warden” shall be approved by the Census Board. SEC. 9. It shall be the duty of the Warden of the warden to Penitentiary, whenever the lessees of the Penitentiary audiºsºs hall present to him any notes against the Penitentiary notes. 192 LAWS OF IOW.A. Trustees levy tax. Supervisor post notices of amount road tax. which have not heretofore been paid, to allow and audit said notes, allowing them 6 per cent. interest per annum, and credit the same on the judgment in favor of the State against said lessees; but should said judgment be paid by the lesses, then, in that case, the Warden is author. ized to pay said notes out of the proceeds of said judg. ment. Aproved April 8, 1862. C H A P T E R 1 6 3. TOWNSHIP TRUSTEES AND ROAD SUPERWISORS. AN ACT prescribing the duties of Township Trustees and Road SuperVisors in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Township Trustees of each organized Township in this State shall at an annual meeting to be held on the second Monday of April in each year, or as soon thereafter as the assessment book is received by the Clerk, determine upon the amount of property tax to be levied for roads, bridges, plows and Scrapers, and for payment of any indebtedness previously contracted by such township for road pur. poses, and levy the same, which shall not be more than three mills on the dollar on the amount of the Township assessment for that year, and said Trustees shall at the same time determine, what portion of said tax not ex: ceeding one mill on the dollar in any or all of the road districts in their township shall be paid in money, and what portion thereof may be paid in labor; Provided, That when incorporated cities are by act of incorporation heretofore passed, made road districts, this Act shall not interfere with such districts, but the same shall be under the control of such city. SEC. 2. The Supervisor shall within ten days after receiving the tax list specified in sections 892 and 89% Chapter 46 of the Revision of 1860, post up in three con: spicuous places within his district, written notices of the amount of road tax assessed to each tax payer in said district, which tax list and notice shall specify what poº tion of said tax, if any, shall be paid in money, and in case of a failure to pay that portion of said tax required LAWS OF IOW.A. - 193 to be paid in money by the first Monday in October in each year, the Supervisor shall report the same to the Township Trustees the same as non-resident lands, and the tax thereon shall be collected in the same manner, and with the same penalties as in case of non-resident lands. SEo. 3. The Supervisor shall cause two-thirds of the ſº ; S Ali c. ---> - º & Tº º Road Tax to property tax in his district which may be paid in la-.”. bor to be worked out between the first day of May and the out. irst day of July in each year, and the remaining one-third whenever he thinks the condition of the road demands it, but in all cases before the first day of October of that year, and he shall within the same time cause that por- ion of said tax collected by him in money, to be ex- pended for the purposes specified in the first section of this Act. SEC. 4. The money tax levied upon the property in Money Tax each road district, whether collected by the Supervisor expended for or by the County Treasurer, shall be expended for road rºad Purpoº ſe l - 4 -- ? b €S purposes in that district, and no part of such tax shall be paid out or expended for the benefit of any other road district in the township. SEo. 5. Sections eight hundred and ninety-one, eight Repealed. hundred and ninety-four and eight hundred and ninety- nine (899), and the words “and fifty cents” in the third line of section 888 of the Revision of 1860, be and the same are hereby repealed, so that road Supervisors shall hereafter receive for their services the sum of one dollar per day. Approved April 8th, 1862. C. H. A. P T E R 1 6 4 . SEVENTEI JUDICIAL DISTRICT. AN ACT to change and fix the time of holding Courts in the Seventh Judicial District. SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That the terms of the District Change terms Court in the Seventh Judicial District shall commence and be held as follows: In the County of Muscatine on the first Mondays of Muscatine co. Manuary and June, and on the third Monday of October In each year. 25 194 LAWS OF IOW.A. Scott county. In the County of Scott on the first Mondays of Feb. Clinton co. Jackson co. Suits com. menced not affected. Process re- turnable. ruary, May, August and November, in each year. In the County of Clinton on the first Mondays of March, September and December in each year. In the County of Jackson on the first Tuesdays after the fourth Mondays of March and September in each year. SEC. 2. No suits, pleas, indictments or proceedings of any character, civil, criminal or special, shall be abated, quashed, discontinued or affected in consequence of the change of time of holding said Courts. All process is: sued at any time before the taking effect of this Act shall be considered as returnable to the first term of the Court in said Counties respectively, which shall be held next after the taking effect of this Act. SEC. 3. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved April 8th, 1862. C. H. A. P T E R 16 5. WITNESS FEES. AN ACT in relation to fees of witnesses. SECTION 1. Be it enacted by the General Assembly of Losing par- the State of Iowa, That when any party has paid to a ty pay fees. witness his fees and the same are afterwards collected from the opposite party, the person so paying the same, shall upon producing the receipt of the witness be enti. tled to such fee, whether in the hands of the Justice or Clerk, or has been paid into the Treasury as contempla: ted by Articles two and three in Chapter twenty-three of the Revision of 1860. Approved April 8, 1862. LA WS OF IOW.A. 195 O H. A. P T E R 1 6 6 . CLERR TO OFFICIATE AS COUNTY JUIDGE. AN ACT making it the duty of the Clerk of the District Court to act in the place of the County Judge in certain cases. SECTION 1. Be it enacted by the General Assembly of Co. Jud the State of Iowa, That when the County Judge is dis- iºia Tualified by the provisions of section 2685, of the Revi-Cieri shalf ion of 1860, to act in any matter contemplated in chap. act. !er 22 of said Revision ; and when for any other cause, he is unable to act in any such matter then pending, the Clerk of the District Court shall act therein in his place, the cause thereof being set forth in the record. Approved April 8, 1862. C H A P T E R 16 7. REMOVAL OF THE BLIND ASYLUM. N ACT to authorize the Principal of the Institution for the Edu- cation of the Blind, to remove said Institution to the building erected for that purpose at Winton, in Benton County, Iowa. SECTION 1. Be it enacted by the General Assembly of & 4 le State of Iowa, That the Institution for the education of Qºr he Blind shall be removed to Vinton in Benton county, "...” } º Y pal that the soon as the Commissioner of the Blind Asylum, at building is inton, shall notify the Principal of the Institution for completed. le education of the Blind, that the Asylum building at inton is completed, or so much thereof as may be ccessary to accommodate said Institution. SEC. 2. It shall be the duty of the said Principal, by p. ml with the approval of the Board of Trustees of said." lstitution, to contract for the removal, and cause to be removal. emoved, all the property belonging to said Institution, ſom Iowa City, in Johnson County, to Winton, in Ben- ºn County, and to furnish said new building with such dditional plain furniture as may be necessary for the Omfort and necessities of the Institution. SEg. 3. For the expenses incurred in the removal Espenses of ld furnishing said new building, the Principal shall º ubmit to the Board of Trustees in writing, a detailed 196 LAWS OF IOW.A. statement, under oath, of the amount of such expenses, which statement, when approved by the Board of Trus. tees of Said Institution and the State Census Board, the Auditor of State shall issue his warrant upon the State Treasurer for such sum as may be approved, to be paid out of any money in the State Treasury not otherwise appropriated, Provided, that not more than one thou. Sand dollars, or so much of it as may be necessary, shall be expended for the purposes above named. Approved April 8, 1862. C H A P T E R 1 68. COUNTY TREASURERS. | AN ACT further defining the duties of County Treasurers, and flxing their compensation. . SECTION 1. Be it enacted by the General Assembly of Treasurer to the State of Iowa, That it shall be the duty of each * County Treasurer, if applied to by letter enclosing thirty -*. cents’ value in postage stamps, asking for information of the amount of taxes upon any specified parcel or par- cels of land in his County, to answer the same correctly by mail, giving direct answers to all the inquiries in such letter respecting the amount and interest of the unpaid taxes as the same appears from the tax books in his office: Provided, that if the total of such land specified in any one letter exceeds three hundred and twenty acres, then such Treasurer is not bound to an- swer such letter, unless it contains besides the thirty cents above provided, ten cents’ value of such stamps for every one hundred and sixty acres, when the total acres specified in such letter exceed the said three hundred Fee not to ex- and twenty acres; and provided further, that the aggre. ceed 50 cents, gate fees thus charged shall, in no case, exceed the sum of fifty cents; and upon the return to such Treasurer of the letter or a copy thereof so sent by him, with the amount due as shown by such letter, such Treasurer shall pay such taxes, and return a receipt therefor by mail. ; Penalty for SEO. 2. Any Treasurer who shall neglect for twenty non-compli- days after the receipt of any such letter, with stamps or *IMC6. money inclosed as aforesaid, to answer the same fully, LAWS OF IOWAL as required in the last section, or who shall directly or indirectly receive, or be concerned in receiving any greater compensation for the service mentioned in the first section of this Act, than is therein provided, shall forfeit to the person aggrieved, for each offense the sum of fifty dollars, in a civil action in any Court having ju- risdiction. Approved April 8, 1862. C H A P T E R 16 9. RAIL ROAD COMPANIES. AN ACT in relation to the duties of Rail Road Companies. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That each rail road company shall, when it has completed and opened its road for use, make a report under oath to the Legislature of this State, stat- ing the total annount paid in ; specifying the amount ex- pended in constructing its road, for engines, cars, depots, car houses and other buildings, and the amount of all other miscellaneous expenses ; such report shall also state the length of the road, the number of planes on it, with their inclination to the mile, the greatest curvature of the road, the average width of the grade and the num- ber of ties per mile, SEC. 2. In the month of September annually, each rail road company shall fix its rates of fare for passen- gers and freights for transportation of timber, wood and Coal, per ton, cord, or thousand feet, per mile, also its fare and freight per mile for transporting merchandise, and articles of the first, second, third and fourth grades of freight, and on the first day of October following, shall put up at all the stations and depots on its road, a printed copy of such fare and freight, and cause a copy to remain posted during the year. For wilfully neglect- ing so to do, or for receiving higher rates of fare or freight than those posted, the company shall forfeit not less than One hundred dollars nor more than two hundred dollars to any person injured thereby and suing therefor. SEo. 3. Where any rail road runs through any im- proved or fenced land, said rail road company shall make Report to General As- sembly. Fix rates of Fare and Freights. Penalty, Cattle guards, 198 LAWS OF IOW.A. proper cattle guards on such roads when they enter or leave such improved or fenced land. Crossings. SEC. 4. At any or all points where any rail road crosses any public highway, the company owning said rail road, shall, without unnecessary delay, construct good, sufficient and safe crossings. SEC. 5. Any rail road company neglecting or refus. ing to comply with the provisions of Sections three and four of this Act, shall be liable for all damage sustained by any one, by reason of such neglect and refusal; and in order for the injured party to recover, it shall only be necessary for him to prove such neglect or refusal. fiable for SEC, 6. Any rail road company hereafter running or damages if operating its road in this State, and failing to fence such * * road on either or both sides thereof against live stock -> running at large at all points where said roads have the right to fence, shall be absolutely liable to the owner any live stock injured, killed or destroyed, by reason of the want of such fence or fences as aforesaid, for the value of the property so injured, killed or destroyed, un: less the injury complained of is occasioned by the willful act of the owner or his agent, and in the cases contem. plated by this Section, in order to recover, it shall only be necessary for the owner of the property to prove the injury or destruction complained of: Provided, That in case the rail road company liable under the provisions of this section, shall neglect or refuse to pay the value of any property so injured or destroyed, after thirty days notice in writing given, accompanied by an affidavit of the injury or destruction of said property to any officer of the company, or any station or ticket agent employed in the management of its business in the County where the injury complained of shall have been committed, such company shall in an action brought to recover there. for, be held liable to pay double the value of the prop- erty injured, killed or destroyed as aforesaid. Neglect of Sec. 7. Every railroad company shall be liable for agºs or em- all damages sustained by any person, including employ. ployees. ees of the company, in consequence of any neglect of the agents or by any mismanagement of the engineers or other employees of the corporation to any person sus. taining such damage. suit may be SEo. 8. In all cases of suits against rail road compº aommenced, nies, the same may be instituted in any County through which the road of said company passes, and service made upon any station or ticket agent of said company, trails: acting the business of said company, shall be deemed sufficient notice, Liable for damages. LAWS OF IOW.A. - 199 } SEC. 9. Any judgment recovered against any rail Judgment | road company in this State, for any injury to persons or liens. | property, shall be a lien within the County where recov- ered, on the road, and real or other property of such company, and shall be prior and superior to the lien of any mortgage or trust deed which may be hereafter exe- | cuted, except liens for taxes. SEC. 10. Each and every railroad in this State, which Transport has received grants of land to aid in the construction of Troops and its road, shall in time of war, insurrection or invasion, Government # * * ** d transport troops and munitions of war, of this *P* | carry and transp Jops l 2 | State, or of the United States, upon such roads, when by the State or United States authorized agent so re- quired, free of charge. They shall also carry, free of wounded charge, all wounded soldiers on their return to their re- Soldiers free. spective homes. SEO. 11. All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed. Approved April 8th, 1862. C H A P T E R 17 (). }REPRESENTATIVE DISTRICTS. AN ACT apportioning the State of Iowa into Representative Districts. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That one Representative to eigh thousand five hundred inhabitants, or fraction thereo exceeding one-half in each representative district, is hereby constituted the ratio of apportionment. | SEC. 2. Lee County is the first district, and entitled 1st district. | to three representatives. SEC. 3. Van Buren County is the second district and 2d district. entitled to two representatives. SEC. 4. Davis County is the third district, and enti- 3d district. | tied to two representatives. SEC. 5. Appanoose County is the fourth district, and 4th district. entitled to one representative. SEO. 6. Wayne County is the fifth district, and enti- 5th district, tled to one representative. SEO. 7. Decatur County is the sixth district, and en- 6th district. titled to one representative, - t f Ratio of ap- portionment. 200 LAWS OF I.O.W.A. 7th district. 8th district, 9th district. 10th district. 11th district. 12th district. 13th district. 14th district. 15th district, 16th district. 17th district. 18th district. 19th district. 20th district. 21st district. $2d district. 23d district. 34th district. 25th district, 26th district. 27th (listrict. 28th district, 29th district, 30th district. SEC. S. Des Moines County is the seventh district, and entitled to one representative. - SEC, 9. Henry County is the eighth district, and em. titled to two representatives. SEC. 10. Jefferson County is the ninth district, and entitled to two representatives. SEC. 11. Wapello County is the tenth district and em. titled to two representatives. SEC. 12. Monroe County is the eleventh district and entitled to one representative. SEC. 13. Lucas County is the twelfth district, and entitled to one representative. SEC. 14. Clarke County is the thirteenth district and entitled to one representative. - SEC. 15. Page County is the fourteenth district, and entitled to one representative. - SEC. 16. Fremont County is the fifteenth district, and entitled to one representative. SEC. 17. Mills County is the sixteenth district, and entitled to one representative. SEC. 18. Louisa County is the seventeenth district and entitled to one representative. SEC 19. Washington County is the eighteenth dis. trict, and entitled to two representatives. SEC. 20. Keokuk County is the nineteenth district, and entitled to two representatives. SEC. 21. Mahaska County is the twentieth district, and entitled to two representatives. SEo. 22. Marion County is the twenty-first district, and entitled to two representatives. SEC. 23. Warren County is the twenty-second dis. trict, and entitled to one representative. SEC. 24. Madison County is the twenty third dis. trict, and entitled to one representative. SEC. 25. Pottawattamie County is the twenty-fourth district, and entitled to one representative. SEC. 26. Muscatine County is the twenty-fifth dis. trict, and entitled to two representatives. SEC. 27. Johnson County is the twenty-sixth district, and entitled to two representatives. SEo. 28. Iowa County is the twenty-seventh district, and entitled to one representative. SEC. 29. Powesheik County is the twenty-eighth district, and entitled to one representative. SEC. 30. Jasper County is the twenty-ninth district, and entitled to one representative. SEc. 31. Polk County is the thirtieth district, and entitled to one representative. LAWS OF IOW.A. - 201 SEC. 32. Dallas County is the thirty-first district, and 31st district. entitled to one representative. SEC. 33. Scott County is the thirty-second district, 32d district. and entitled to three representatives. SEC. 34. Clayton County is the thirty-third district, 33d district, and entitled to two representatives. SEC. 35. Cedar County is the thirty-fourth district, 34th district. and entitled to two representatives. SEC. 36. Jackson County is the thirty-fifth district, 35th district. and entitled to two representatives. SEC. 37. Jones County is the thirty-sixth district, 36th district. and entitled to two representatives. SEC. 38. Linn County is the thirty-seventh district, 37th district. and entitled to two representatives. SEC. 39. Benton County is the thirty-eighth district, 38th district. and entitled to one representatiue. SEC. 40. Tama County is the thirty-ninth district, 39th district. and entitled to one representative. SEC. 41. Marshall County is the fortieth district, and 40th district. entitled to one representative. SEC. 42. Dubuque County is the forty-first district, 41st district. and entitled to four representatives. SEC. 43. Delaware County is the forty second dis-42d district. trict, and is entitled to one representative. SEC. 44. Buchanan County is the forty-third district, 43d district. and entitled to one representative. SEC. 45. Black IIawk County is the forty-fourth dis-44th district. trict, and entitled to one representative. SEC. 46. Hardin County is the forty-fifth district, 45th district. and entitled to one representative. SEC. 47. Clayton County is the forty-sixth district, 46th district. and entitled to two representatives. SEC. 4S. Fayette County is the forty-seventh district, 47th district. and entitled to one representative. SEC. 49. Bremer County is the forty-eighth district, 48th district. and entitled to one representative. SEC, 50. Chickasaw County is the forty-ninth dis-49th district. trict, and entitled to one representative. SEC. 51. Alamakee County is the fiftieth district, 50th district. aud entitled to one representative. SEC. 52. Winneshiek County is the fifty-first dis-51st district. trict, and entitled to one representative. SEC. 53. The Counties of IIoward and Mitchell shall 52d district. Constitute the fifty-second district, and be entitled to one ſºpresentative, and the votes cast therein for representa- live, shall be canvassed at the county-seat of Mitchell County. SEC. 54. The Counties of Butler, Grundy and Frank-53d district. 26 LAWS OF IOW.A. 54th district. lin shall constitute the fifty-third district, and entitled to one representative, and the votes cast therein for repre: sentative, shall be canvassed at the county-seat of Butled County. : SEC. 55. The Counties of Floyd and Cerro Gordo shall constitute the fifty-fourth district, and entitled tº one representative, and the votes cast therein for repre: sentative shall be canvassed at the county-seat of Floyd County. SEC. 56. The Counties of Story and Hamilton shal|| constitute the fifty-fifth district, and be entitled to one representative, and the votes cast therein for represen; tative, shall be canvassed at the county-seat of Story County. - ‘. SEC. 57. The Counties of Boone and Greene shal|| constitute the fifty-sixth district, and be entitled to one representative, and the votes cast therein for represen: tative shall be canvassed at the county-seat of Boond County, | SEC. 58. The Counties of Wright, Hancock, Winned bago and Worth shall constitute the fifty-seventh district; and be entitled to one representative, and the votes cast therein for representative shall be canvassed at the county-seat of Wright County. | SEC. 59. The Counties of Kossuth, Humboldt, Pald Alto and Emmett shall constitute the fifty-eighth district; and be entitled to one representative, and the votes cast, therein for representative shall be canvassed at the couni ty-seat of Kossuth County. º SEC. 60. The Counties of Dickinson, Clay, O’Brien; and Sioux shall constitute the fifty-ninth district, and b entitled to one representative, and the votes cast therein for representative shall be canvassed at the county-seat of Dickinson County; Provided, That the unorganized Counties of Osceola and Buncombe shall be attached to this district. i SEC. 61. The Counties of Webster, Calhoun, Pocai hontas and Buena Vista shall constitute the sixtieth dis trict, and be entitled to one representative, and the votes cast therein for representative shall be canvassed at the county-seat of Webster County. : SEö. 62. The Counties of Woodbury, Ida, Cheroked and Plymouth shall constitute the sixty-first district and entitled to one representative, and the votes cast therein for representative, shall be canvassed at the county-seat of Woodbury County. SEC. 63. The Counties of Monona, Crawford, Car roll and Sac shall constitute the sixty-second district, and i i 55th district. 56th district. 57th district. 58th district. 59th district. 60th district. 61st district. 62d district. 'ſ i LAWS OF IOW.A. ~m 2O3 be entitled to one representative, and the votes cast therein for representative shall be canvassed at the coun- ty-seat of Crawford County. SEC. 64. The Counties of Harrison and Shelby shall 63d district. constitute the sixty-third district and be entitled to one representative, and the votes cast therein for representa- ive shall be canvassed at the county-seat of Harrison County. SEC. 65. The Counties of Guthrie, Audubon, Cass and Adair shall constitute the sixty-fourth district, and be entitled to one representative, and the vote cast there- in for representative shall be canvassed at the county- seat of Adair county. SEC. 66, The Counties of Montgomery, Adams and 65th district. Union shall constitute the sixty-fifth district and be en- titled to one representative, and the votes cast therein for representative shall be canvassed at the county-seat of Adams County. SEc. 67. The Counties of Taylor and Ringgold shall 66th district, constitute the sixty-sixth district, and be entitled to one representative, and the votes cast therein for represen- tative shall be canvassed at the county-seat of Taylor County. Approved April 8th, 1862. 64th district. C H A P T E R 1 7 1 . J. D. BURKHOLDER. AN ACT to legalize the official acts of J. D. Burkholder, Clerk of the District Court of Webster County. WHEREAs, J. D. Burkholder, the present acting Clerk of the District Court of Webster County, was elected at the last general election to fill a vacancy supposed to exist in that office by the enlistment of J. H. Hollo- way in the 11th Regiment of Pennsylvania Light Cav- alry, without any declaration of said vacancy or notice of said election ; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all the official acts now done, Acts of clerk ºr to be hereafter done by J. D. Burkholder, acting legalized. Clerk of the District Court of Webster County, be and the same are hereby declared as legal and binding in Preamble, 204 LAWS OF IOW.A. every respect as if the said Burkholder had been legally elected to fill a vacancy of J. H. Holloway, late Dis. trict Clerk of said County. Approved April 8, 1862. C H A P T E R 1 7 2 . SCHOOLS. AN ACT to amend and consolidate an Act passed by the Board of Education, December 24, 1859, entitled “An Act to amend an Act entitled an Act to provide a System of Common Schools,” and the amendments thereto. SECTION 1. Be it enacted by the General Assembly of Each civil the State of Iowa, That each civil township that is now, township, a or may be hereafter organized in the several counties of iº dis this State, is hereby declared a School District, for all the purposes of this Act, and each sub-district, as now organized, shall continue such, subject to the provisions hereinafter made. : SEC. 2. When a new civil township has been formed, In nº town the township trustees shall divide the same into sub- tº: districts, if deemed necessary; and shall post written of diection, notices, specifying the time and place of the first elec. tion for sub directors, in the manner provided for the election of sub-directors in organized district townships. Organized SEo. 3. When an. organized district township has district with-been left without officers, the township trustees shall out officers, , give such notice for a special election of sub-directors, *W*PP” as is required of the sub director in case of regular sub- district elections; and the persons elected shall continue in office until the next regular sub-district election there. after. when a dis. SEC. 4. When any district township shall be divided trict is divi. into two or more entire townships for civil purposes, the ded, assets existing Board of Directors shall continue to act for i. both or all of the new districts until the next regular sub-district election thereafter, af which time the new district townships shall organize by the election of sub- directors. The respective Boards of Directors shall, im. mediately after j. organization, make an equitable di. vision of the then existing assets and liabilities, between the old and new districts; and in case of a failure to agree, the matter may be decided by arbitrators chosen LAWS OF IOW.A. 205 by the parties in interest. . A similar division shall be made in case of the formation of an independent district under special laws, or the consolidation of civil town- ships. SEC. b. . Every School district which is now, or may Each school hereafter be organized in this State, is hereby made a District a body corporate, by the name of the “District Township body corpor: ºf . . . . . . , in the county of . . . . . . , and State of Iowa, * and in that name may hold property, become a party to suits and contracts, and do other corporate acts. DISTRICT TOWNSHIP MEETING. SEC. 6. Each district township shall hold an annual Annual meet- meeting on the second Monday in March. Ing. SEC. 7. The electors of the district, when legally as-General pow- sembled at such meeting, shall have the following pow-ers of district ºws - ; r. • township º V 12, . - º e meeting. FIRST-To appoint a Chairman and Secretary, in the b absence of the regular officers. SEcoRD–To direct the sale or other disposition to be made of any school-house, or the site thereof, and of such other property, personal and real, as may belong to the district; and to direct the manner in which the roceeds arising therefrom shall be applied : Provided, That the money so obtained, shall be used for the bene- it of the sub district in which such school-house site or Other property is situated. THIRD–To determine what additional branches shall be taught in the schools of the district. FourTH — To delegate any or all of the powers, con- tained in the foregoing specifications, to the Board of Directors. FIFTH-To vote such tax, not exceeding five mills on the dollar in any one year, on the taxable property of the District Township, as the meeting shall deem suffi- tient for the purchase of grounds and the construction shall be given by the then resident sub-director; or if of the necessary school-houses for the use of the re- spective sub-districts, and for the payment of any debts Contracted for the erection of school houses, and for pro- Curing district iibraries and apparatus for the schools. SUB-DISTRICT MEETING. SEC. 8. The several sub-districts shall annually, on Annual meet. the first Monday in March, hold a meeting for the elec- §§ º sub- e º & º t º e SI, > S. tion of a sub-director, five days notice of which meeting * 206 LAWS OF IOW.A. there is none, by the District Secretary, posting a writ. ten notice in three public places therein, and such notice shall state the hour of meeting. - Chairman SEC. 9. At the meeting of the sub-district, a Chair. and Secretary º and Secretary shall be appointed, who shall act as appointed, judges of the election, and give a certificate of election to the sub-director elect. Board of Di SEC. 10. In all district townships comprising but one rectors to sub-district, the Board of Directors shall consist of three *śt ºf 3 sub-directors; and in all district townships comprising * but two sub-districts, it shall consist of one sub-director chosen from each sub-district, and one from the district township at large, who shall in both cases be elected in the manner provided by law for the election of one sub- director from each sub-district. The judges of the re. Spective sub-district elections, shall canvass the votes for the sub-director chosen from the district township at large, and shall issue a certificate of election to the per. son elected. Official oath SEC. 11. Each sub-director shall within ten days after of sub-direc- his election, appear before some officer qualified to ad. to IS. minister oaths, and take an oath to support the Consti- tution of the United States and that of the State of Iowa, and that he will faithfully discharge the duties of his office, and in case of failure to qualify, his office shall be deemed vacant. School to be SEC. 12. In each sub district there shall be taught taught 24 one or more schools for the instruction of youth, between weeks. the ages of five and twenty-one years, for at least twen. ty-four weeks, of five school days each, in each year, un- less the County Superintendent shall be satisfied that there is good and sufficient cause for failure so to do. children resi SEC. 13. Children residing in one district township ding in one may attend school in another in the same or adjoining district town- county, on such terms as may be agreed upon by the re- *... ." spective Boards of Directors of the district townships tend school . - & --- - i.nj. interested; but, in case no such agreement is made, they may attend school in such adjoining district township, with the consent of the Board of Directors thereof, when they reside nearer to the school in said district township than to any school in their own district township, and the district township in which they reside, shall pay to the district township in which they attend school, the average tuition of said children per week; and in case of refusal so to do, the Secretary shall file the account for said tuition, certified to by the President, with the Clerk of the Board of Supervisors of the county in which said children reside, who shall, at the time of LAWS OF IOW.A. • 207 making the next semi-annual apportionment there- after, deduct the amount from the sum apportioned to the district township in which said children reside, and pay it over to the district township in which they have attended School. SEC. 14. Pupils who are bona fide residents of a dis-Terms of ad- ict township, shall be permitted to attend school in the ºn same, regardless of the time when they acquired such .”.” residence, whether before or after the enumeration, or of ship. the residence of their parents or guardians; but pupils who are sojourning temporarily in one district township while their actual residence is in another, and to whom the last preceding section is not applicable, may attend sChool upon such terms as the Board of Directors may deem just and equitable. SEC. 15. Pupils may attend school in any sub-dis-Pupils trans- rict of the district township in which they reside, with ferred frºm the consent of the sub-director of such sub-district and º of the sub-director of the sub-district in which such pu- other. " pils reside. SEC. 16. The electors of a sub-district may, at their Sub-district regular meeting in March, determine what amount is re-may deter: ſired for the erection of a school-house in said sub-dis-, ..." rict, and the payment of debts contracted for the con- . house struction of School houses, and the sub-director shall cer-purposes. ify the same to the next regular meeting of the electors ºf the district township held thereafter. SEC. 17. Should the electors of the district township Board of Di- leglect or refuse to yote said amount at said meeting, or rectors levy i sum adequate for the erection of said house, the Board º for, an’t. is ºr", s - tº & g quired by ºf Directors shall, at their first regular meeting there-si “distriºs, iter, ascertain the per centum of the sum applied for on in case elect: the property of the district township, and shall appor- ºric ion the same among the several sub-districts, as justice ...', re. and equity may require, taking as the basis of said ap-fuse to do so. Ortionment the respective amounts previously levied pon said sub-districts for school house purposes : Pro- ided, That in case it has been the uniform custom for ach sub-district to bear the whole expense incurred for he construction of its own school house, the Board of Directors shall dispense with the apportionment, and as- lºss the per centum directly on the property of the sub- istrict making the application: Provided further, That ill neither case shall the rate exceed ten mills on the dol- ºr on the property of any sub-district. Within ten days hereafter the Secretary shall file a certified statement of he same with the Board of Supervisors, showing the Per centum assessed on each sub-district. Said per cen- 208 LAWS OF IOW.A. | tum shall be levied in accordance with said statement, and collected and expended for the erection of a school house in said sub-district in the same manner as though it had been voted by the district township meeting Should the aggregate of sums thus applied for by the respective sub-districts, exceed five mills on the dollar in any one year, on the property of the district township, the Board of Directors shall reduce it proportionally to that rate. BOARD OF DIRECTORS. Sub-Districts SEC. 18. The sub-directors of the several sub-districts to constitute shall constitute a Board of Directors for the District . º Township, and shall enter upon their duties on the day and iſºw the fixed for the regular meeting of the Board in April, at Board shall , which time they shall organize by electing from their bº organized, own number a President, who shall simply be entitled to a vote as a member of the Board; and from the dis. trict township at large, a Secretary and a Treasurer, unless there are at least five sub-directors in the district township, in which case they may be selected from the Board. If selected from the district township at large, they shall have no vote in the proceedings of the Board, Regular and SEC. 19. The Board of Directors shall hold their reg Special meet-ular meetings on the 3d Monday in April and Septem- lºgº ºf the ber of each year; and may hold such special meetings as Board. occasion may require, at the call of the President, or by request of a majority of the Board. | The Board to SRC. 20. They shall make all contracts, purchases, make con- payments and sales, necessary to carry out any vote of tracts, pur; the district, Provided, That before erecting any school. * * house, they shall consult with the County Süperintendent º as to the most approved plan of such building. To fix site for SEC. 21. They shall fix the site for each school house, School house taking into consideration the geographical position and and determi'e convenience of the people of each portion of the sub-dis. º: * trict, and shall determine what number of schools shal * be taught in each sub-district, and for what additiºnal time beyond the period required by law they shall be continued during each year. - * SEC. 22. They may establish graded or union schools º ºlish wherever they may be necessary; and may select a pe. Schools. son who shall have the general supervision of the schools in their district, subject to the rules and regulations of the Board. - To fill vacan. SEC. 23. They shall appoint a President and Secrº cies. tary pro tem. in case of the absence of the regular offi. LAWS OF IOW.A. - 209 cers, and shall fill any vacancy that may occur in the office of President, Secretary or Treasurer, or in the Board of Directors. SEC. 24. They shall require the Secretary and Treas-To. require urer, each, to give bonds to the district, in such penalty Secretary and and with such securities as they may deem necessary to º. to secure the district against loss, conditioned for the faith-" º ful performance of their official duties. The bond shall be filed with the President, and in case of a breach of the conditions thereof, he shall bring suit thereon in the name of the district township. SEC. 25. They shall, from time to time, examine the To examine accounts of the Treasurer, and make settlement with accounts of him ; and shall present at each regular meeting of the . to electors of the district township, a full statement of the jº meet- receipts and expenditures of the district township, and ing. such other information as may be deemed important. SEC. 26. They shall audit and allow all just claims Audit claims against the District, and fix the compensation of the Sec- #. the retary and Treasurer; and no order shall be drawn on “ the district treasury, until the claim for which it is drawn has been so audited and allowed. SEC. 27. They shall visit the schools in their district, Visit schools and aid the teachers in establishing and enforcing rules and establish for the government of the schools; and see that they .." keep a correct list of the pupils, embracing the periods fººl of time during which they attended school, the branches teacher for taught, and such other matters as may be required by º the County Superintendent. In case a teacher employed “*” in any of the schools of the district township is found to be incompetent, or is guilty of partiality or dereliction, in the discharge of his duties, or for any other sufficient Cause shown, the Board of directors, may, after a full and fair investigation of the facts of the case, at a meeting Convened for the purpose, at which the teacher shall be permitted to be present and make his defense, expel him º school, and direct the sub-director to discharge llll. SEC. 28. They shall, at their regular meeting in Secretary to April of each year, require the Secretary to file with the file certificate Clerk of the Board of Supervisors, County Superinten-ji...” dent, and County Treasurer, each, a certificate of the election, qualification and post office address of the Pres- ident, Secretary and Treasurer, of the district township, and to advise them from time to time of any changes made in said offices by appointment. SEC. 29. They shall, at their regular meeting in Sep- tember, or at any special meeting called thereafter for 210 LAWS OF IOW.A. To divide dis that purpose, divide their township into sub-districts, such ºf ºwn, as justice, equity, and the interests of the people require; Ship into sub- tº e peop # q y districts. and may make such alterations of the boundaries of sub. districts, heretofore formed, as may be deemed neces. sary; and shall designate such sub-district, and all sub- sequent alterations, in a distinct aud legible manner, upon a plat of the district provided for that purpose; and shall cause a written description of the same to be recorded in the District records; a copy of which shall be delivered by the Secretary to the County Treasurer, and also to the Clerk of the Iłoard of Supervisors, who shall record the same in his office: Provided, That the boundaries of sub-districts shall conform to the lines of Congressional divisions of land; and that the formation and alterations of sub-districts, as contemplated in this Section, shall not take effect until the next sub-district election thereafter ; at which election a sub-director shali be elected for the new sub-district formed. To apportion SEC. 30. They shall apportion any tax voted by the school house district township meeting for school-house fund, among tax. the several sub-districts, in such manner as justice and equity may require; taking as the basis of said appor. tionment, the respective amounts previously levied upon said sub-districts for the use of such fund : Provided, That the rate shall not exceed ten mills on the dollar on the property of any sub-district. To levy tax SEC. 31. They shall, at their regular meeting in for support of April of each year, or at a special meeting convened for Schools. that purpose, between the time designated for such reg. ular meeting and the third Monday in May, estimate the per centum on the taxable property of the district town. ship which shall be necessary to raise the amount re. quired for the “contingent fund,” and also such sum as may be required for the “teacher's fund,” in addition to the amount received from the semi-annual apportion: ments, as shown by the notice from the Clerk of the Board of Supervisors, to support the schools of the dis. trict for the time required by law for the current year; and shall cause the Secretary to certify the same within five days thereafter, to the Board of Supervisors, who shall, at the time of levying taxes for county purposes, levy the per centum thus certified upon the property 0 the district township, which shall be collected and paid over as other district taxes are. SEC. 32. They shall make such rules and regulations .#" as may be necessary for the direction and restriction o jors, sub-directors in the discharge of their official duties, and not inconsistent with, law. LAWS OF I.O.W.A. --- 211 SEC. 33. Should any person holding an order or May levy tax claim against the school house fund, for liabilities con- ºr liquidº. tracted by any school district prior to the passage of this º Act, be willing to surrender the same to the district at cases. its market value in cash, or at any rate not exceeding sixty-seven cents on the dollar, the Board of Directors of said school district may enter into written stipulations with him for its redemption on such terms, and may vote a tax on account of school house fund, not exceeding three mills on the dollar, in any one year, on the prop- erty of the district for such purpose. Said tax shall be certified, levied, collected, and paid over as other school district taxes are. SEo. 34. A majority of the Board of Directors shall A majority of be a quorum to transact business, but a less number may the Bºard to adjourn from time to time, and no tax shall be levied by ...” the Board after the third Monday in May; nor shall the G. & boundaries of sub-districts be changed except by a vote of the majority of the Board. PRESIDENT, SECRETARY, AND TREASURER. SEO, 35. The President shall preside at all meetings President to of the Board of Directors, and of the district township; º, º shall draw all drafts on the County Treasurer for money º apportioned to his district; sign all orders on the Dis- trict Treasury, specifying in the order the fund on which they are drawn, and the use for which the money is ap- propriated; and shall sign all contracts made by the Board. SEC. 36. He shall appear in behalf of his district in President to all suits brought by or against the same, but when he is . * individually a party, this duty shall be performed by the suits. Secretary; and in all cases where suits may be instituted by or against any of the school officers, to enforce any of the provisions herein contained, counsel may be em- ployed by the Board of Directors. SEC. 37. The Secretary shall record all the proceed-Secretary to ings of the Board and District meetings, in separate record pro- books kept for that purpose; shall preserve copies of all." reports made to the County Superintendent; shall file déïs. all papers transmitted to him, pertaining to the business of the district; shall countersign all drafts and orders drawn by the President, and shall keep a register of all Orders drawn on the District Treasury, showing the num- ber of the order, date, name of the person in whose favor drawn, the fund on which it is drawn, for what purpose, and the amount ; and shall, from time to time, 212 LAWS OF IOW.A. furnish the District Treasurer with a transcript of the S3. Iſle. Secretary to SEC. 38. He shall give ten days’ previous notice of give notice of the District Township meeting, by posting a written * notice in five conspicuous places theréin, one of which shall be at or near the last place of meeting; and shall furnish a copy of the same to the teacher of the school, if in session, of each sub-district, to be read in the pres. ence of the pupils thereof; and such notice shall, in all cases, state the hour of meeting. To keep and SEO. 39. He shall keep an accurate account of all the ... expenses incurred by the District, and shall present the ** same to the Board of Directors to be audited and paid as herein provided. - To certify tax, SEC. 40. Whenever a tax has been voted by any dis. to Board of trict township, for purposes in this Act specified, the Sec. Supervisors, retary shall immediately certify the per centum to the Board of Supervisors, who shall at the time of levying the tax for county purposes, levy a tax of the amount thus certified to them, upon the assessed value of all the real and personal property in the district, which shall be collected by the County Treasurer at the same time and in the same manner as State and County taxes are col- lected : Provided, it shall be receivable only in cash, SEO. 41. Between the fifteenth and twentieth days of September in each year, the Secretary of each school district shall file with the County Superintendent a re- port of the affairs of the district, which shall contain the following items, viz: First—The number of persons, male and female, each in his district, between the ages of five and twenty-one 768.T.S. y Second—The number of schools, and the branches taught. 7hird–The number of pupils, and the average at: tendance of the same in each School, Fourth—The number of teachers º and the average compensation paid per week, distinguishing males from females. Fifth–The length of school in days, and the average cost of tuition per week for each scholar. Sæth — The aggregate amount paid teachers during the year, and the balance of teachers' fund in the dis’ trict treasury. Seventh—The text books used, and the number of volumes in the District Library, and the value of appa- ratus belonging to the district. To make an- nual report. LAWS OF IOW.A. - 213 Eighth—The number of school-houses, and their es- timated value. Mºnth—The amount raised within the year by district tax for the erection of school houses, the amount for teacher's fund, and for other purposes of this Act, stat- ing separately the amount for each. Tenth—The amount of public fund received from the semi-annual apportionments made by the Clerk of the Board of Supervisors, and if any, from other sources, stating what, and how much from each, and such other information as he may deem useful. SEC. 42. Should the Secretary fail to file his report Forfeiture for as above directed, he shall forfeit the sum of twenty-five failure to re- dollars, and shall make good all losses resulting from Pº" such failure, and suit shall be brought, in both cases, by the district, on his official bond. * SEC. 43. The Treasurer shall hold all moneys belong-Treasurer to ing to the District, and pay out the same on the order hold and pay of the President, countersigned by the Secretary, and out moneys. shall keep a correct account of all expenses and receipts in a book provided for the purpose. SEC. 44. The money collected by district tax, for the Different erection of school houses, and for the payment of debts funds, partial contracted for the same, shall be called the “school house ; mentS On fund ;” that designed for rent, fuel, repairs, and all other QT (leſs, contingent expenses necessary for keeping the schools in operation, the “contingent fund ; ” and that received for the payment of teachers, the “teachers’ fund ; ” and the District Treasurer shall keep with each fund a sepa- rate account; and shall pay no order which does not Specify the fund on which it is drawn, and the specific use to which it is applied. If he have not sufficient funds in his hands to pay in full the warrant drawn on the fund specified, he shall make a partial payment thereon, paying as near as may be, an equal proportion of each warrant. SEo. 45. He shall receive all moneys apportioned to To receive the district township by the Clerk of the Board of Su-ººppºr: * - A --- - tioned to dis- pervisors, and also all money collected by the County . Treasurer on the district school tax, levied for his dis- trict. SEC. 46. He shall register all orders on the district To register treasury reported to him by the Secretary, showing the orders. number of the order, date, name of the person in whose favor drawn, the fund on which it is drawn, for what purpose, and the amount. Sºo. 47. He shall render a statement of the finances To ender of the district from time to time, as may be required by statement. 214 LAWS OF IOW.A. the Board of Directors, and his books shall always be open for inspection. SUIB-DIRECTOR. ... or SEO. 48. It shall be the duty of the sub-director, un- ...ºnd der such rules and restrictions as the Board of Directors make repairs, may prescribe, to negotiate and make in his sub-district all necessary contracts for providing fuel for schools, em. ploying teachers, repairing and furnishing school houses, and for making all other provisions necessary for the convenience and prosperity of the schools within his sub-district, and he shall have the control and manage. ment of the school house, unless otherwise ordered by a vote of the district township meeting. All contracts Contracts to made in conformity with the provisions of this section, * *PP” shall be approved by the President, and reported to the Board of Directors, and said Board, in their corporate capacity, shall be responsible for the performance of the part of the district township. To register SEC. 49. He shall, between the first and tenth days i.º. of September of each year, prepare a list of the names ilies. of the heads of families in his sub-district, together with the number of children in each family between the ages of five and twenty-one years, distinguishing males from females, and shall record the same in a book kept for that purpose. To make an- SEC. 50. He shall, between the tenth and fifteenth *** days of September of each year, report to the Secretary of the District Township the number of persons in his sub-district between the ages of five and twenty-one years, distinguishing males from females; the number of schools; i. number of pupils in each School; the average attendance of pupils; the number of teachers male and female ; the compensation of teachers per week, male and female; the length of each school in days, in Summer and Winter separate; average cost of tuition per week for each pupil in Summer and Winter separate; the aggregate amount paid teachers during the year; the number and value of school houses and of what material constructed ; the value of apparatus; and the branches taught. | May dismiss SEC. §1. He shall have power, with the concurrence pupils. of the President of the Board of Directors, to dismiss any pupil from the schools in his sub-district, for gross immorality, or for persistent violation of the regulations of the school; and to re-admit them, if he deems proper LAWS OF IOW.A. -- 215 so to do; and shall visit the schools in his sub-district at least twice during each term of said school. SEC. 52. All contracts with teachers shall be in wri- Contracts ting, specifying the length of time the school is to be with teachers taught, in weeks; the compensation per week, or per i. be in Wri- month of four weeks; and such other matters as may "* be agreed upon ; and shall be signed by the sub-director and teacher, and be approved by and filed with the Pre- sident before the teacher enters upon the discharge of his duties. BOARD OF SUPERWISORS. SEc. 53. The Board of Supervisors of each County count tº fe gº º y shall, at the time of levying the tax for county purposes, Schººl tax to levy a tax for the support of schools within the County, be levied. of not less than one mill, nor more than two and one- half mills on the dollar, on the assessed value of all the real and personal property within the County, which shall be collected by the County Treasurer, at the time, and in the same manner as State and County taxes are collected, except that it shall be receivable only in cash. SEc. 54. They shall also levy at the same time, the district school tax certified to them, from time to time, by the respective District Secretaries. District School tax, CLERK OF THE BOARD OF SUPERWISORS. SEC. 55. The Clerk of the Board of Supervisors School mon- shall, on the first Monday in April, and fourth Monday ey appropria- in September of each year, apportion the County School ºng Tax, together with the interest on the Permanent School “ I'RCUS. Fund to which his County is entitled, and all other money in the hands of the County Treasurer belonging in common to the schools of his County, and not inclu- ded in any previous apportionment, among the several School Districts therein, in proportion to the number of persons between five and twenty-one years of age, as shown by the reportof the County Superintendent filed with him for the year immediately preceding, which re- port, showing the number of persons between the ages of five and twenty-one years, in each school district in the County, shall be so filed on the fifth day of October annually. S30, 56. He shall immediately notify the President shan notify of each School District of the sum to which his District tº ideº of is entitled by said apportionment, and shall issue his amount. Warrant for the same to accompany said notice, which 216 LAWS OF IOW.A. warrant shall be also signed by the President and coun. tersigned by the Secretary of the District in whose fa. vor the same is drawn ; and shall authorize the District Treasurer to draw the amount due said District, from Secretary to the County Treasurer; and the Secretary shall charge .."... the Treasurer of the District with all warrants drawn U1 rer. * in his favor, and credit him with all warrants drawn on the funds in his hands, keeping separate accounts with each fund. Shall forward SEC. 57. He shall forward to the Secretary of the cºrtificate of Board of Education, a certificate of the election or ap. election of Ain fron l qualification of the County Superintend. County Su- pointment and qualifica y Supe ( perintendent ent; and shall also, on the second Monday in February and reportin- and August of each year, make out and transmit to the . ** Auditor of State, in accordance with such form as the - said Auditor may prescribe, a report of the interest of the School Fund then in the hands of the County Treas. urer, and not included in any previous apportionment; and also the amount of said interest remaining unpaid. * º COUNTY TREASURER. Co. Treasurer SEC. 58. The County Treasurer shall, on the first to pay over Monday in April of each year, pay over to the Treas- tax, and ren- urer of the District the amount of all school district tax *** which shall have been collected, and shall render him a statement of the amount uncollected ; and shall pay Over the amount in his hands quarterly thereafter. QUALIFICATIONS AND DUTIES OF TEACHERS. No teacher to SEO. 59. No person shall be employed to teach a 'º.º common school which is to receive its distributive share ficate. of the school fund, unless he shall have a certificate of qualification signed by the County Superintendent of the county in which the school is situated, or by some other officer duly authorized by law; and any teacher who commences teaching without such certificate, shall forfeit. all claim to compensation for the time during which he teaches without such certificate. Teacher to SEo. 60. The teacher shall keep a correct register of ... the school, which shall exhibit the sub-district, township, county and State in which the school is kept ; the day of the week, the month and year; the name, age and atten- dance of each scholar, and the branches taught; the reg. ister to be as near as practicable after the form appended to this Act. When scholars reside in different districts, a register shall be kept for each district. LAWS OF IOW.A. * 217 SEC. 61. The teacher shall, immediately after the To file copy close of his school, file in the office of the Secretary of of register. the Board of Directors, a certified copy of the register aforesaid. COUNTY SUPERINTENDENT. SEC. 62. A County Superintendent of common schools County Supt. shall be elected in each organized county in the State, -election of at the general election in October, 1863, and at the gen- eral election every two years thereafter; and the incum- bents in office at the taking effect of this Act shall con- tinue in office until their successors are elected and qual- ified as herein provided. SEC. 63. On the first day of January next succeeding when to the date of his election, he shall take and subscribe the qualify. usual oath of office, and enter upon the discharge of his duties ; and on his failure so to do, or if from any other Cause there should be a vacancy in the office, the Board Vacancy, of Supervisors shall appoint a person to fill such vacancy, how greated who shall qualify within ten days after his appointment, * * and shall continue in office until the time prescribed for illing said office by election as herein provided ; and should the person so appointed fail to qualify within the time specified, such failure shall create a vacancy. SEC. 64. On the last Saturday of each month he shall To meet and meet all persons desirous of passing an examination, and tº: for the transaction of any other business within his juris-“” diction, in some suitable room provided for that purpose by the Board of Supervisors at the county-seat, at which time he shall examine all such applicants for examina- tion as to their competency and ability to teach Orthog- raphy, Reading, Writing, Arithmetic, Geography and English Grammar; and in making such examination, he may, at his option, call to his aid one or more assistants. SEC, 65. . If the examination is satisfactory, and the To issue cer. Superintendent is satisfied that the respective applicants tificates. possess a good moral character, and the essential qualifi- (ations for governing and instructing children and youth, he shall give them a certificate to that effect, for a term not exceeding one year. SEg., 66. Any school officer, or other person shall be Examination permitted to be present at such examination; and the to be j. Superintendent shall make a record of the name, resi- and names lence, age, and date of examination of all persons so recorded. examined, distinguishing between those to whom he is- sues certificates, and those rejected. SEO. 67. If any person shall make application for an 218 LAWS OF IOW.A. Applicants to examination at any other time, he shall pay the Super Pay a fee of intendent a fee of one dollar before the examination is ** commenced, as a compensation therefor; unless he prº sented himself on the regular day specified, and was un able from no fault of his own to obtain an examination in which case no fee shall be required of him. | May, appoint SEO. 68. If for any cause the County Superintenden deputy. cannot be present at the regular day thus fixed, he shal appoint one or more deputies to make the examination in his stead. He shall afterwards issue certificates tº those who receive the recommendation of his deputie as aforesaid. May revoke SEC. 69. The Superintendent may revoke the certif *tificate icate of any teacher in the county, which was given by the Superintendent thereof, for any reasons which would have justified the withholding thereof, when the same was given. To make an- SEo. 70. On the fifth day of October of each year he nual report shall make a report to the Secretary of the Board of Ed. ucation, containing an abstract of the reports made to him by the respective district Secretaries, and such other matters as he shall be directed to report by the said Sec. retary of the Board of Education, and as he himself may deem essential in exhibiting the true condition of the schools under his charge; and he shall at the same time file with the Clerk of the Board of Supervisors a state. ment of the number of persons between the ages of five and twenty-one years, in each school district in his county. SEC. 71. Should he fail to make either of the reports required in the last section, he shall forfeit to the school fund of his county the sum of fifty dollars, and shall be. sides, be liable for all damages caused by such neglect. To conform SEO. 72. He shall, at all times, conform to the in- a... structions of the Secretary of the Board of Education, as ions and tº a ºn tº • ". . . . . º º j.doc. to matters within the jurisdiction of the said Secretary. uments to dis. He shall serve as the organ of communication between trict officers, the Secretary and township or district authorities. He shall transmit to the townships, districts or teachers, all blanks, circulars, and other communications, which are to them directed. Compensatiºn SEC. 73. For the time necessarily spent in the dis. charge of his official duties, he shall receive the sum of two dollars per day, and at the same rate for every frac: tion of a day, to be paid from the county revenue; but before he shall be entitled to such compensation, he shall file a sworn statement of the time he has been so em: ployed, with the Clerk of the Board of Supervisors and LAWS OF IOW.A. 219 in a county having less than twenty-five sub-districts, his whole annual compensation, exclusive of fees paid by teachers for examination, as herein provided, shall not bxceed fifty dollars; and in any county having more than }venty-five sub-districts, it shall not exceed, exclusive of such fees, two dollars for each sub-district. GENERAL PROVISIONS. ºf five school days each. SEC. 75. Any officer, whose term of office is pre- |cribed by this Act shall continue in office until his suc- tessor is elected and qualified. ºre entering upon the discharge of the duties thereof, hke an oath to support the Constitution of the United States and of this State, and faithfully to discharge the uties of his office according to the best of his abilities. In case such officer has a written appointment or com- mission, his oath shall be endorsed thereon. In other ńses, it may be taken orally. In either case it may be worn to before any officer authorized to administer Aths. i t ºf this Act, shall enure to the benefit of that particular istrict. Those collected from any member of the Board † Directors, shall belong to the district township, and lose collected from County Officers to the County. In he two former cases, suit shall be brought in the name i the District Township; in the latter, in the name of he County, and by the District Attorney. The amount each case, shall be added to the fund next to be pplied by the recipient for the use of Common Schools. i | t | Wunties, had a school house erected, which said house ºld not been destroyed, removed or abandoned, said dis- ict as that time constituted, shall be and remain a sub- istrict in, and form a part of the district township in |hich such school house is situated, for voting, taxation, humeration of children, distribution of money, and all her school purposes, as fully as though said sub-district SEC. 74. A school month shall consist of four weeks, School month Officers to continue in . SEC. 76. Every person elected or appointed to any General oath fice, pursuant to the provisions of this Act, shall, bé-9* Office. SEC., 77. All fines and penalties collected from a Fines and (hool district officer by virtue of any of the provisions penalties. SEC. 78. In all cases where a School District, as con-School dis. ituted at the time of the taking effect of an Act enti- º º td “An Act for the Public Instruction of the State of ...”.”...re - » . “e - tº it O 858, and for d of a º * wa,” approved March 12th, 1858, and formed of a part civil town. two or more civil townships in the same or adjoining ships. 220 LAWS OF IOW.A. were all included within the township in which the School house is situated. And the boundaries of such sub-district shall not be changed, except with the coni currence of the Boards of Directors of the townshipsin terested: Provided, That upon the written application of two-thirds of the electors residing upon the territor within the township in which the school house is nº situated, to the respective Boards of Directors—or, whe Said School house has been removed—or, said territor is uninhabited—it shall remain under the jurisdiction oil and form a part of the district township to which it gº Bchool house graphically belongs; and any tax which has been levići tax refunded, on said territory for the construction of a school hous: at any other site than the one originally occupied, shall be refunded to the district township to which said terri tory reverts, for the construction of a school house in th: sub-district in which said sub-district may subsequently be included; and the respective Boards of Director shall, in either case, divide their districts in accordancé with the provisions of this section. - º Judgment SEC. 79. When a judgment has been obtained agains against a dis-a school district, it shall be the duty of the Board of Di º how rectors to pay off and satisfy the same, from the prope: º fund, by an order on the Treasurer of the district; and it shall be the duty of the district meeting at the timé for voting a tax for the payment of other liabilities o the district, to provide for the payment of such order of orders. | Board of Su- SEC. 80. In case a school district has borrowcd money pervisors to of the school fund, as contemplated in section eight, 0 *Y* “An Act to provide a system of Common Schools." passed by the Board of Education, December 24th, 1858 it shall be the duty of the Board of Supervisors to lev such tax, not exceeding five mills on the dollar in any one year, on the taxable property of the district as coni stituted at the time of making such loan, as may bº necessary to pay the annual interest on said loan, and the principal when the same falls due, unless the Boar; of Supervisors shall see proper to extend the time of said loan. # H SEC. 81. No district township meeting, or sub-dis ours of •; a : - … •rrani z o. oo ºli on Fl ine o'clock jing and trict meeting, shall organize earlier than nine º'cloc adjourning. A. M., nor adjourn before twelve o'clock M.; and in all independent school districts, organized under “An At to confer certain powers on towns and cities for schoºl purposes,” or as hereinafter provided, the polls shall rº main open from nine o'clock A. M., to four o'clock P. M. | LAWS OF IOW.A. 221 SEC. 82. When any school officer is Superseded by School offi. Jaction or otherwise, he shall immediately deliver to cers to deliv, is successor in office, all books, papers and moneys per-. º and aiming to his office, taking a receipt therefor; and every paperS. such officer who shall refuse to do so, or who shall will- ully mutilate or destroy any such books or papers, or my part thereof, or shall misapply any moneys entrusted 9 him by virtue of his office, shall be liable to the pro- isions of the General Statutes for the punishment of such offenses. SEc. 83. Nothing in this Act shall be so construed as Jurisdiction o give the Board of Directors of a District Township, of district misdiction over any territory included within the limits townships. if any city or village, with the territory annexed thereto or school purposes, which has organized separately as a ſchool district under any other Act. INDEPENDENT SCEIOOL DISTRICTS. SEo. 84. Any city or town, containing within its sur-, ... eyed limits not less than three hundred inhabitants, ...'...i. ind certain territory contiguous thereto, may be consti-tuted district. uted a separate school district, in the manner hereinafter provided. SEC. 85. At the written request of any ten legal vo- Notice of ers residing in such city or town, the Township Trus-election for ees shall establish the boundaries of the contemplated organization. school district, including such contiguous territory as may best subserve the convenience of the people for school purposes, and shall give at least ten days’ previ- Ous notice of the time and place of such meeting of the electors residing in said district, by posting written no- ices in at least five conspicuous places therein ; at which meeting the said electors shall vote by ballot for or gainst a separate organization. SEC. 86. Should a majority of the votes be cast in fa-Notice of first Vor of such separate organization, the township trustees i.” *D. shall give similar notice of a meeting of the º for . OI LP1- the election of a President, Vice-President, Secretary, * and Treasurer, who shall continue in office until the next annual meeting thereafter; and three Directors, one of whom shall continue in office for one, one for two, and One for three years, from and after the next annual meeting thereafter, their respective terms of office to be determined by lot; and the said President, Vice-Presi- dent, Secretary, Treasurer, and three Directors, shall Constitute a Board of Directors for the District. SEc. 87. Said meeting shall organize, by appointing 222 LAWS OF IOW.A. How to or- a President and Secretary, who shall act as judges of the §ºnize meet election, and issue a certificate of election to the persons Ing. elected. Notice, when SEG 88. In case such schºol-district is formed of district is parts of two or more civil townships in the same or ad. cºmposed of joining counties, the duty of giving the notice shall de º volve upon the trustees of the township in which a ma. . jority of the legal voters of the contemplated School dis. trict reside. : District may SEC. 89. Said School district may have as many; be divided in- Schools, and be divided into such wards, or other sub. ° Wards divisions for school purposes, as the Board of Directors may deem proper; and shall be governed by the laws. enacted for the regulation of district townships, so far as the same may be applicable. i Annual meet- SEC. 90. The annual meeting of all independent ing of, inde school districts, formed as herein contemplated, or under F.” "the laws in force at the passage of this act, shall be held on the second Monday in March, for the transaction of the business of the district, and for the election by ballot: of a President, Vice President, Secretary and Treasurer: who shall continue in office for one year, and one direc- tor as the successor of the one whose term expires, who shall continue in office for three years; and the Presi- dent, Vice President and Secretary, then in office, shall act as judges of the election, and shall issue certificates of election to the persons elected for the ensuing term. Remainder of SEC. 91. Where an independent school district has township a been formed out of a civil township or townships as: * town herein contemplated, the remainder of such township, D. or of each of such townships, as the case may be, shall constitute a district township, as provided in the first: section of this Act; and the boundaries between such: district township and independent school district, may be changed at any time with the concurrence of their re- spective Boards of Directors. j SPECIAL PROVISIONS. Officers to SEo. 92. Any school district officer, in office at the remain in taking effect of this Act, shall continue in office until Office. the next regular election thereafter, as herein provided. g SEC. 93. The Auditor of State shall, on the first Mon: **i. day in March and September of each year, apportion th: terest of interest of the permanent school fund among the several school funds, organized counties of this State, in proportion to the number of persons between five and twenty-one years: of age, in each, as shown by the last report of the num- LAWS OF IOW.A. *- 223 ber of such persons filed with him by the Secretary of the Board of Education. SEC. 94. “An Act to confer certain powers on towns Sundry Acts and cities for school purposes, passed December 24th, repealed. 1858; “An Act to amend an Act entitled an Act to pro- vide a system of Common Schools,” passed December 94th, 1859; “An Act providing for the boundaries of districts in certain cases,” passed Dec. 24th, 1859; “An Act to amend an Act to confer certain powers on towns and cities for School purposes,” approved February 26th, 1860; “An Act to amend an Act passed by the Board Education, December 24th, 1859, entitled an Act to amend an Act entitled an Act to provide a system of Common Schools,” approved April 2d, 1860; “An Act to amend an Act passed by the Board of Education De- cember 24th, 1859, entitled an Act to provide a system ºf Common Schools,” approved April 2d, 1860; “An Act to amend an Act passed by the Board of Education Dec. 24th, 1859, entitled an Act to amend an Act enti- tled an Act to provide a system of Common Schools,” approved April 20, 1860; “Au Act defining the duties and regulating the compensation of County Superin- lendents,” passed December 17th, 1861; “An Act to Amend an Act entitled an Act to amend an Act entitled in Act to provide a system of Common Schools,” passed December 19th, 1861, and all other Acts, and parts of Acts contravening the provisions of this Act, are hereby repealed. O H. A. P. T. E. R. 1 7 3. REVENUE, AN ACT to amend Chapter forty-five of the Revision of 1860, being an Act in relation to Revenue. SECTION 1. Be it enacted by the General Assembly of 'e State of Iowa, That the Board ºf Supervisors of each Levy of Fed. Qunty of this State, in addition to the taxes they are now erai"Tax irected to levy by the provisions of section one of chap- ºr forty-five of the Revision of 1860, shall annually levy he per centum of taxation of the “Federal Taw,” as º in section eleven of the Act passed by the Ninth General Assembly, entitled “An Act for the as- 224 LAWS OF IOW.A. sessment, levy and collection of the quota of this State, of the tax laid on the United States by the Act of Con. gress approved August 5th, 1861, or any subsequent Acts and the payment of Auditor's Warrants on the War and Defense Fund.” SEC. 2. In addition to one Township Assessor in each township in the State, as provided for in section 726 of said chapter forty-five, of which this Act is amendatory. there shall be elected in each city and incorporated town in the State, at the General Election for State and Coun. ty officers in each year, by the qualified voters of such city or town, a separate city or town assessor, who shall hold his office for one year from the first day of June following his election, and until his successor is elected and quali. fied; who shall be the assessor of all persons and property within the territory of such city or incorporated town; and in such cases the township assessor shall be restricted in his duties to the persons and property of his township exclusive of the territory of such city or incorporated town; and the assessor of such city or town before en- tering upon the duties of his office, shall take and sub- scribe an oath, as required of the township assessor, and shall give bond with two or more sureties to be approved; by the Council of his city or town, in the sum of five; hundred dollars, payable to the city, or town, and condi- tioned for the faithful discharge of the duties of his office, which bond shall be filed and preserved by the Clerk of said city or town. SEC. 3. Section 730 of said chapter forty-five is here- by repealed, and in place thereof it is hereby enacted as follows: ; Each assessor shall be allowed one dollar and fifty cents for each day he shall have been faithfully employed: in discharging the duties of his office, to be paid out of the County Treasury. º SEo. 4. Section 731 of said Chapter forty-five is: hereby repealed, and in place thereof it is enacted that the Board of Supervisors of each county shall at their meeting in January in each year, classify the several descriptions of property to be assessed, for the purpose; of equalizing such assessment; and the Clerk of said Board shall on or before the adjournment of said Board; deliver to each member thereof as many certificates of such classifications as there are assessors in his township, one of which shall be by him delivered on or before the fifteenth day of January in each year, to each such as: SČSSOI’. . . SEo. 5. The words “amount of capital employed in: City & Town Assessor. Compensati'n of Assessor. Board of Su- pervisors to classify. f LAWS OF IOW.A. *- 225 merchandise,” at the end of the fourth and commence- Sec. 732, R., ment of the fifth line, in subdivision three of section 732, amended. of said chapter 45, are hereby stricken out, and the words * value of merchandise,” are inserted in place thereof. SEC. 6. In addition to the information now required Additional to be transmitted in an abstract by the Clerk of the ºtities, Board of Supervisors to the State Auditor as provided * fºr in section 741 of said chapter 45, there shall be made tº out and transmitted by the Clerk at the time he trans- mits the information now required, under a subdivision numbered 4, an abstract of the aggregate value and number of cattle, the aggregate value and number of hºrses, the aggregate value and number of mules, the aggregate valie and number of sheep, and the aggre- gate value and number of swine over six months of age, is the same are returned to the Clerk of said Board of Supervisors by the assessors of his county. SEO. 7. All of section 761 of said chapter 45 after Repeal part the word “taxes,” in the 8th line from the top on page of Sec. 761,R. 119, to the next period following the word “act,” is hereby stricken out and repealed. SEC. 8. It shall be the duty of the State Auditor, Auditor fur- irom time to time, to prepare and furnish to all the nish forms. Clerks of the Boards of Supervisors and the County Treasurers and collectors of taxes, directions and forms, in compliance with which such Clerks, Treasurers and Collectors shall severally keep their accounts relating to the revenue. Also, forms for the reports required to be made by said officers to said Auditor; and forms of re- teipts to be given by the Treasurers and Collectors of luxes to tax-payers; and said Clerks, Treasurers and ollectors shall conform in all respects to the forms and irections thus prescribed. SEO. 9. All of section 766 of said chapter, on page Homestead 20, after the word “permit’ in the ninth line thereof taxes. the end of the section, is hereby stricken out and re- taled, and in place thereof it is enacted as follows: In ill cases where the homestead is listed separately as a homestead it shall be liable only for the taxes thereon. SEC. 10. Whenever the County Treasurer shall give Sale of real lotice of the sale of real property for delinquent taxes, property. y posting up written notices of such sale, he shall be: ºre making such sale, file in the office of the Clerk of he Board of Supervisors of his County, a copy of said lotice with his certificate indorsed thereon, setting forth lat said notice had been posted up in four of the most ublic places in his county, four weeks before the sale, which said certificate shall be subscribed by him and | | 29 t 226 LAWS OF IOW.A. f : sworn to before said Clerk, and shall be prima facie evil dence of the facts therein stated. i SEo. 11. After the word “Treasurer” in the sixth Clerk liabl e Tº e e - ...” line of section 774 of said chapter, page 112, there is hereby inserted the words, “ or Clerk as the case may be.” : Evidence of SEO. 12. At the end of section 778 of said chapter, assignment, page 122, there is hereby added as follows: “and the statement in the Treasurer’s deed, of the fact of the assignment, shall be prima facie evidence of such assign. ment.” | Redemption Sec. 13. , Section 779 of said chapter is hereby re. of real' prop-pealed, and in place thereof it is enacted as follows: erty. Real property sold under the provisions of this Act, or the Act to which this is amendatory, may be redeemed at any time before the expiration of three years from the date of the sale, by the payment to the Clerk of the Board of Supervisors of the proper County, to be held by him subject to the order of the purchaser, of the amount for which the same was sold, and thirty peri centum of such amount immediately added as a penalty; with ten per cent interest per annum on the whole amount thus made from the day of sale, and also the amount of all taxes, interest and cost paid for any sub- sequent year, or years, and a similar penalty of thirty per centum added as before, on the amount of the pay- ment for each subsequent year, with ten per cent in- terest per annum on the whole of such amount, or amounts, from the day or days of payment; unless such subsequent taxes shall have been paid by the person for whose benefit the redemption is made, which fact may be shown by the Treasurer's receipt ; and provided fur- ther, that such penalty for the non-payment of the taxes of any such subsequent year or years, shall not attach, unless such subsequent tax or taxes shall have remained unpaid until the first day of February after they become due, so that they have become delinquent. . . . Redemption Spg. 14. If real property of any minor, or lunatic, is of property sold for taxes, the same may be redeemed at any time of minor or within one year after such disability is removed, upon lunatic. the terms specified in the foregoing section, which re- demption may be made by the guardian or legal repre- sentatives. Assessor to SEq. 15. It is hereby made the duty of each Town- jºimbership Assessor to note opposite each piece or parcel of of road and property by him assessed, in a column on his assess. Bub-district ment book, prepared for that purpose, the number of LA WS OF IOW.A. 2 2 7 road and sub-district in which such property is sit- lated. SEO. 16. Each Railroad Company in the State shall Rail Road annually, on or before the first day of February, furnish Companies to to the State Treasurer a sworn statement of the gross..." º º ment of re- receipts of their Railroad, without reduction of expenses jºis. for the year ending on the first day of January preced- ing, which said statement shall be sworn to by the Secre- tary and Treasurer of such Company. And the Treas-State Treas. urer of State shall levy on said gross receipts, a tax ofurer levy a one per centum, which the said Railroad Companies”. "P" shall pay on or before the 15th day of February, after which time the said taxes shall become delinquent and the same penalties and interest shall attach as on other taxes. After the said taxes become delinquent, the Treasurer of the State shall proceed to collect the same, in the same manner and with the same rights and powers as a Sheriff may on execution ; one-half of said taxes levied and collected as aforesaid, shall be equally ap- portioned by the State Treasurer to the several counties through which the said roads respectively run, in pro- portion to the number of miles of main track of road in each county, and shall be paid over by him to the County Treasurer of such county. If any Railroad Failure to Company shall fail to make the sworn statement re-ºs" quired by this Act, the Treasurer of State shall ascer. “ tain as near as may be the gross earnings of such delin- quent Company and assess thereupon the said one per centum, and shall seize and levy upon the whole or any part of the property, rights and franchises of said Com- pany, and after giving, ten days’ public notice of the time and place of sale, shall proceed to sell the same at public auction, to satisfy the amount of said assessment, together with all costs and expenses incurred in making the assessment and sale. The tax herein provided for shall be in lieu of all taxes for any and all purposes on the road-bed, track, rolling stock and necessary buildings * for operating their road. But other property belonging to such Company, whether personal or real, shaîi taxed as property of individuals in the respective coun- ties in which the same may lie. SEC. 17. Immediately after the taxes become delin-Treasurer to quent, each County Treasurer shall proceed to collect theºlºyº. • ‘e ... tress and sale ºne by distress and sale of the personal property of the delinquent tax-payer, in the manner prescribed in sec- tions 757 and 758 of said chapter 45, and for this pur- pose, he shall, within thirty days after the taxes become delinquent, appoint one or more deputies to aid and 228 LAWS OF IOW.A. assist him in collecting the delinquent taxes in his re. spective county. Each deputy so appointed, shall re. ceive as a compensation for his services and expenses, the sum of five per cent. on the amount of all delinquent taxes collected by him, which percentage he shall collect from the delinquent, together with the whole amount of delinquent taxes and interest; and in the discharge of his duties as such assistant collector, should it become neces. sary to make the delinquent taxes by distress and sale, he shall be entitled to receive the same compensation in addition to the five per cent. provided for in this Act, as constables are entitled to receive for the sale of prop. Penalty for perty on execution; and any County Treasurer who neglect of shall willfully refuse or neglect to comply with any of duty. the provisions of this section, shall forfeit the sum of five hundred dollars, to be recovered in the name of the county for the use of the Common Schools therein. Penalty col. SEC. 18. All of section. 760 of said chapter 45 on lected on de-page 118 to the period following the word “paid,” at linquent tax, the end of the seventh line of said section is hereby re. º: and in place thereof it is enacted as follows: 'he Treasurer shall continue to receive taxes after they have become delinquent until collected by distress and sale; but after they have become delinquent, he shall collect in addition to the tax of each tax-payer so delin- quent, as a penalty for non-payment, at the rate of one per cent. a month on the amount of the tax for the first three months, two per cent. a month for the second three months, three per cent. a month for the third three months, and four per cent a month for all after nine months. In computing this penalty nothing shall be reckoned or collected therefor, if the tax is paid before the first day of March, nor after that time except for a full month. SEC. 19. All Acts and parts of Acts in conflict with any of the provisions of this Act are hereby repealed. SEO. 20. This Act being deemed by the General As: sembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and Daily Des Moines Times, papers published at Des Moines, Iowa. Approved April 8, 1862. . I hereby certify that the foregoing Act was published in the Iow! jºr April 23, 1862, and in the Des Moines Times, April 25, 1862. ELIJAH SELLS, Secretary of State. | LAWS OF IOWA. 2 2 9 C H A P T E R 1 7 4. . CIVIL PRACTICE. AN ACT to amend the Code of Civil Practice at Law and Equity, it being Part Third of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section 2852 of the Code of 1S51, and of the Revision of 1860, is hereby re- pealed, and the following is substituted therefor. In an equitable action the defendant shall demur before noon of the second day of the term, and shall answer in the same time, if the notice shall have been served sixty days before such term, and if not, then in sixty days from the day of completed service; but when the sixty days from the service extend beyond the term, if the defendant does not appear and claim that time to answer, and the petition is verified by affidavit, the plain- tiff will be entitled to a default, as in ordinary proceed- 1I] QºS. Šio. 2. Section 2884 in Chapter 120 of the Revision of 1860 is hereby repealed, and the following is substi- tuted therefor: Service by publication shall be deemed complete when the affidavit º in section 2S32 is filed and the notice is published in the manner and for the time prescribed in the preceding section, and the de- fendant sºn be held to appear at the next term, and the affidavit of proof of publication shall be filed before the default is taken, but the same may be filed without regard to the ten days. The last named affidavit may be made by any person knowing the fact. Demur and 3 HSW 62T. Service by publication. Affidavit. SEC. 3. Section 3036 of the Revision of 1860 is Challenging hereby repealed, and the following is substituted there Jurors. for : Each party shall have the right to challenge per- emptorily, five jurors and no more ; and the parties shall challenge alternately, commencing with the plaintiff, and the challenges for cause being first exhausted or waived, the parties shall then, in turn, in the same order, exer- cise the right of peremptory challenge. SEo. 4. Chapter 138 of the Revision of 1860, is Actions do hereby repealed, and the following is substituted there- not abate. for : Section 3467. Actions, either eſc-contractu or ea:- delicto, do not abate by the death, marriage, or other dis- ability of either party, nor by the transfer of any in- terest therein, if from the legal nature of the case the Cause of action can survive or continue. In such cases, 230 LAWS OF IOW.A. the Court may, on motion, allow the action to be con. tinued by or against his legal representative, or successor in interest; but in case of the death of a defendant, a notice shall be served upon his representative, under the direction of the Court. Acknowledg- SEC. 5, Section 3677 of the Revision of 1860 is mentS. hereby repealed, and the following is substituted there. for : They shall then appear before some officer of the county authorized to take the acknowledgment of deeds and acknowledge the instrument by them signed to be their voluntary act and deed. Issuing pre- SEo. 6. Section 3890 in Chapter 158 of the Revision cept tº sum- of 1860 is hereby repealed, and the following is substi. ** tuted therefor: If a jury trial be demanded, as provided in section 3880, the Justice shall issue his precept to Some Constable of the township, directing him to sum. mon the requisite number of jurors possessing the same qualifications as are required in the District Court. - Forcible de- SEC. 7. Section 3952 of the Revision of 1860, sub- tention. division three, is hereby repealed, and the following is Substituted therefor: Where the defendant continues in possession after a sale by foreclosure of a mortgage, or on execution, unless he claims by a title paramount to the lien by virtue of which the sale was made, or by ti. tle derived from the purchaser at the sale; in either of which cases, such title shall be clearly and concisely set forth in the defendant's pleading, and shall be sworn to. Duty of Con- SEC. 8. Section 3973 of the Revision of 1860, is stables. hereby repealed, and the following is substituted there- for: Any Justice of the Peace may in writing, specially depute any discreet person of suitable age, to perform any particular duty properly devolving upon a Constable for that particular purpose, be subject to the same obli- gations and receive the same fees. Deputy give If such person be appointed to serve a writ of attach- bond. ment, execution or replevin, he shall, before levying up- on property, execute a bond to the State of Iowa in a pe: nal sum of not less than two hundred dollars, to be fixed by the Justice, with one or more freeholders as sureties, to be approved by and filed with the Justice making the appointment; and the usual official oath shall be indorsed thereon and signed. Damages for For any breach of such bond, any person injured breach of thereby may bring suit thereon in his own name, and bond. recover the same damages as upon a Constable's bond in like case. * Repealed. SEo. 9. Sections 4031, 4032,4033 and 4034 in Chap ter 159 of the Revision of 1860 are hereby repealed. LAWS OF IOW.A. * 6) SEC. 10. Section 3268 is amended by adding the fol- lowing thereto : But no writ of execution shall be a lien on personal Execution. property, before the actual levy thereof. Approved April 8th, 1862. C H A P T E R 17 5. MILITIA. AN ACT to amend the Militia Law. SECTION 1. Be it enacted by the General Assembly ºf the State of Iowa, That all able-bodied white male Militia—who citizens of this State, between the ages of eighteen and constitutes. forty-five years, residing in this State, and not exempted by the laws of the United States, shall be subject to mil- itary duty, excepting, 1st–All persons in the Army or Navy of the United Who exempt. States. 2D–Persons who have been or hereafter shall be reg- ularly and honorably discharged from the army and navy of the United States in consequence of the performance of military duty in pursuance of any law of this State, and such firemen as are now exempted by law. 3D–Commissioned officers who shall have served as such in the Militia of this State or in any one of the United States for the space of four years, but no officer shall be exempt unless by his resignation after such term of service duly accepted or in some other lawful manner he shall have been honorably discharged. 4TH-Every non-commissioned officer, musician and private of every uniformed company or troop raised or hereafter to be raised, who has or shall hereafter uniform himself according to the provisions of any law of this State, and who shall have performed service in some uniformed company or troop in this State for the space of six years from the time of his enrollment in the active Militia, shall be exempt from military duty, except in Cases of war, insurrection or invasion. SEC. 2. If any member of such company or troop Same. who shall have been regularly uniformed and equipped, shall, upon his removal out of the beat of such company or troop, or upon the disbandment thereof, enlist into 232 LAWS OF IOW.A. any other uniform company or troop, and uniform, and equip himself therefor, and serve in the same, when ever the whole time of his service in such companies or troops, computed together, shall amount to six years, he shall be exempt from military duty in like manner as if he had served for the whole period in the company or troop in which he was first enlisted. Regiments. SEC. 3. The Governor of this State shall have full power to designate the Companies which shall compose a Regiment, and to number Regiments when organized, Duties of Ad- SEC. 4. The duties of Adjutant and Inspector Gene. ; º . eral shall be as follows, to-wit: IIe shall issue, sign and * * transmit all General Orders of the Commander-in-Chief, whether of detail, instruction or movement of the militia, and all general regulations which may be established, and obey all orders from him, relative to the carrying into execution the laws of the United States or of this State, and perfecting the system of military discipline established by law. . Have charge SEo. 5. He shall be charged with all the correspon. j"...” dence between the Commander-in-Chief and officers ºf pondence, the several States and Territories, the Secretary of War, the Adjutant General of the Army, and other persons in official stations, on the subject of Military affairs, and keep a record of such correspondence. Keep record SEO. 6. He shall keep a record of all general and of orders and special orders and regulations, and cause the same to be * published whenever the Commander-in-Chief shall di. rect. SEC. 7. He shall keep a roll of all the commissioned officers of the Militia of this State, with their residence, rank, the corps to which they belong, the number and date of their Commissions, and the time when issued, the number and date of all discharges, removals, deaths, and promotions. . Record de- SEo. 8. He shall enter of record a local description scriptions of of the several divisions, brigades, regiments and compa- Divisions, etc. nies which may hereafter beformed and every alteration thereof. - Commissions. SEC. 9. He shall make out and issue all Commissions and discharges directed by the Commander-in-Chief. Provide rec. SEC. 10. He shall prepare and provide the necessary ord books, etc rosters and books of record, the forms and blanks for Commissions, discharges, returns and other necessary. papers required by laws of this State, at the expense of the State, and distribute the same to the officers, regi- ments and companies entitled to them, upon requisition therefor. Keep roll. LAWS OF IOW.A. 233 SEC. 11. He shall make return in duplicate of the Make dupli- number of enrolled militia, with the arms, accoutrements cate returns. and ammunition, one copy of which he shall deliver to the Commander-in-Chief on or before the first day of January, and transmit the other to the President of the United States, on or before the first day of January, an- nually. SEC. 12. He shall perform all the duties of Quarter-Act as Quar. master General until the Governor deems it best for the ter Master. public service to appoint that officer, SEC. 13. The Quarter Master General shall keep in Duties of good repair, and attend to the due preservation, safe-Quarter Mas: Keeping, and cleaning of the ordnance, arms, accoutre-“ ments, ammunition, munitions of war, and military Sup- plies and stores, the property of this State. SEC. 14. He shall dispose, to the best advantage, of Same. all powder, arms, ammunition, accoutrements, tools, im- plements and war-like stores of every kind, the property of the State, that shall be deemed unsuitable for the use of the State, and from time to time render a just and true account of all sales made by him, and shall pay the proceeds of such sale into the State Treasury. Sºo. 15. IIe shall report annually on or before Report to the the first day of January to the Commander-in-Chief a Commonder- true and particular statement, showing the actual situa-in-Chief tion and disposition of the Ordnance, arms, ammunition, and other munitions of war, property and things which in any wise appertain to, or respect the department con- fided to his keeping. + SEC. 16. He shall keep a just and true account of all Keep account the expenses necessarily incurred in and about his de- partment, and once, at least, in every six months deliver the same to the Auditor of State, who shall thereupon examine and audit the same, and shall draw his order or warrant on the Treasury for such sum as he shall audit and certify to be due. SEC. 17. The Governor may in his discretion appoint Aid-de-Camp on his staff four special Aids-de-Camp with the rank of Lieut. Colonel of Cavalry, but who are to serve without any compensation whatever, unless sent on special ser- vice by the Governor, when they shall receive three dol- lars per day and their actual and necessary expenses while employed in such service. SEC, 18. Companies shall take rank according to the Rankofcom. date of their organization; and the term of service in panies. all companies now organized, or that may be organized prior to the taking effect of this Act, shall be considered as commencing on the date of its taking effect. 30 234 LAWS OF IOW.A. Reorganiza. SEC. 19, . Any company organized prior to the taking tiºn of Com effect of this Act, shall conform in all respects to the panleS. provisions of this Act, and shall re-organize under the provisions herein, in the same manner as if such com. pany had been disbanded. Age, no bar SEC. 20. Nothing in this Act shall be so construed to an officer, as to prevent persons over the age of forty-five years from holding commissions. Swearing. SEC. 21. The Adjutant General and all field and staff officers, and every separate Commander, shall have au. thority to administer oaths to all persons in the militia, whenever necessary under this Act, and the same penal. ties shall attach to false swearing in such cases as are now provided by law, and no fee shall be charged for administering or certifying such oath. Serve in but SEC. 22. No person shall be a member of two com. one Company panies at the same time, and every member of a com. pany who removes beyond the limits of the county or counties in which his company is organized, shall be con- sidered as having been discharged. Any officer who removes beyond the limits of his company or other com- mand, shall be considered as having resigned. Command in SEC, 23. In the absence of an appropriate com absence of of mander or other officer, the next in rank in the same ficer. command and corps shall succeed to his authority. SEC. 24. Should there be no commissioned officer present with a company, the regimental or other com. mander, shall have authority to assign an officer to com- mand until some officer is elected to the place. Conform to SEC. 25. In all cases not herein otherwise directed, U. S. Service, the duties of general and staff officers, and all other commissioned and non-commissioned officers, of the Wol- unteer Militia, shall be made to conform as nearly as posible to the duties of the corresponding positions in the United States service. Who shall SEC. 26. When bodies of troops meet on duty, the command. officer highest in rank in the line shall command the whole, and an officer of higher rank may at any time take immediate charge of any portion of his command when on duty. Same. SEO. 27. When officers are of the same grade, the officer holding a commission of the oldest date, shall command, and where two officers of the same grade hold commissions of the same date, their relative rank shall be determined by lot. Regulations. SEC. 28. The ruſes and regulations provided for the government of the United States army, as far as appli- cable and not inconsistent with the provisions of this LAWS OF IOW.A. - 235 Act, shall apply to the government of the Volunteer Militia of this State. SEC. 29. Whenever the President of the United Drafting. States, or the Commander-in-Chief shall order a draft from the Militia for public service, such draft shall be made in the following manner: First—When the draft required to be made shall be a number equal to one or more companies to each Brigade, such draft shall be made by company, to be determined by lot, to be drawn by the Commandant of Brigade, in the presence of the commanding officers of the regiments composing said Brigade, from the military forces of the State in his Brigade, organized, uniformed, armed and equipped according to the provisions of this Act. Second–In case such draft shall require a number equal to one regiment, such shall be determined by lot in the manner above described. Third–In case such draft shall require a larger num- ber than the whole number of men composing the Vol- unteer Militia of said Brigade, such additional draft shall be made of an equal number from the Reserve Militia. Such draft shall be determined by lot, to be drawn by the Clerk in whose office said writ shall have been filed, in the presence of the Commandant of the Regiment within the bounds of which such persons may reside, and upon his requisition. SEC. 30. Any person so drafted in accordance with Substitute. the above provisions, may offer a substitute at the time and place of the rendezvous of such drafted militia, and such substitute, if he shall be an able-bodied man of the age of twenty-one years, and shall consent in writing to Subject himself to all the duties, fines, forfeitures and punishments to which his principal would have been subject had he personally served, shall be accepted by the Commandant of the Company of drafted militia to which his principal may belong. SEC. 31. The Commander-in-Chief shall prescribe Distribution such rules, orders and regulations, relative to the distri- of arms. bution of arms, ammunition and military stores, to the Militia when called into active service as he may deem proper. SEC. 32. The command of any Military force called Command of into service under draft, shall devolve upon the senior drafted Mili- officer of such force, unless otherwise specially ordered" by the Commander-in-Chief. SEC. 33. In case of war, alarm, invasion, insurrec-Ordering out tion, or to repel invasion, the Commander-in-Chief is in case of war hereby authorized and required to order out from time 236 LAWS OF IOW.A. to time for actual service, by draft or otherwise, as many of the Militia as the necessity of the case may or shall demand. * @ SEO. 34. The Militia whenever ordered for prepara. Training for Service. tion for actual Service, shall be governed and trained ac. cording to the laws of the United States and of this State. Provisions SEC. 35. Whenever it shall be necessary to order for oºring out the Militia for actual service, or any part thereof. ** such order shall first be issued to the Voluntary Militia. afterwards such number of the Enrolled Militia as shall volunteer individually or by Companies, shall be ac. cepted and organized, and in all such cases the State shall furnish all such arms and equipments as may be necessary for each non-commissioned officer, musician and private, and pay them until their term of service shall have expired. SEC. 36. Whenever any insurrection or invasion shall be made or threatened in the State, the Commander-in- Chief shall call upon the Militia to repel or suppress the same, and he may order out any divisions, brigades, reg. iments, Squadrons, battalions, or companies, or may or- der to be detached any parts or companies of the same, or any number of men to be drafted from the same, and may cause officers to be detailed sufficient with those at: tached to the troops to organize the forces. Drafting by . Sºo. 37. Whenever any draft for the Militia shall Ot. be ordered, the non-commissioned officers, musicians and privates, (except so many as shall offer to serve volunta. rily,) shall be drafted by lot from the Company, and the officers regularly detailed from the roster. officer court SEC. 38. Every officer who, when ordered, shall un- Martialed for necessarily neglect or delay to march to the place of ren- neglect. dezvous, or shall otherwise disobey any lawful order, shall be cashiered by Court Martial and pay a fine of not less than one hundred nor more than one thousand dol- lars. Failure to ap- SEC. 39. Every soldier ordered out, volunteered or pear is deem- drafted, who shall not appear at the time and place des: ed desertion, ignated, or who shall not have some able bodied and proper substitute at such time and place, within at least twenty four hours from such time, shall be taken to have deserted, and be dealt with accordingly ; and each non- commissioned officer and soldier shall take with him provisions for not less than three days when so or dered out. SEo. 40. In case of any breach of the peace, tumult, riot or resistance to process of this State, or apprehen- Same. LAWS OF IOW.A. 237 sion of imminent danger of the same, it shall be lawful Sheriff or fºr the Sheriff of any County, or the Mayor of any Mayºr may City, to call for aid from any Brigade, Regiment, Bat- tº * Mul talion, or Company, and it shall be the duty of the y ald. coln manding officer of such Brigade, Regiment, Bat- talion or Company to whom such order is given, to order out in aid of the civil authorities the Military force, or any part thereof, under his Command. S ſº * SEC. 41. In such case if shall not be necessary for Verbal orders Commandants of Companies to issue written orders or sufficient. notices for calling out their men, but verbal orders and notices shall be sufficient. SEC. 42. It shall be the duty of the Commanding Arms and officer of any. Division, Brigade, Regiment, Battalion, ...” or Company, in all cases when so called into service, to “ provide the men of his command so ordered out, with at least twenty-four rounds of ball cartridge and arms in complete order for actual service. SEC. 43. Such officer shall be subject, as provided Officer pun- by law, to the Sheriff or public officer who shall so re-ished Fº quire his aid, and for refusing or neglecting to obey the “* * Order of such Sheriff or public officer so requiring ser- vice, or for interfering, or in any way hindering or pre- venting the men of his command from performing such duty, or in any manner by neglect or delay preventing the due execution of law, every such Commanding offi- cer, and every Commissioned officer under his command S0 offending, shall be liable to a fine of not less than one hundred nor more than five hundred dollars, and im- prisonment in the County Jail for a period not exceed- ing six months. SEc. 44. It shall be the duty of the District Attor Prosecution. ney of any County where such offense shall be commit- ted, to prosecute the same ; and in addition thereto such officer shall be liable to be tried by Court Martial and sentenced to be cashiered and incapacitated forever after from holding a Military Commission in this State. SEC. 45. Any non-commissioned officer, musician or Penalty for º who shall neglect or refuse to obey the orders of refusing to his commanding officer in the case above provided for, obey orders. shall be liable to a fine of not less than twenty-five nor more than one hundred dollars, or imprisonment in the County Jail for a period not exceeding three months, to be prosecuted and recovered in the manner hereinbefore provided in the case of Commissioned officers, SEC. 46. The Adjutant General shall receive an an-Salary of Ad. nual salary of fifteen hundred dollars, until six months jutant Gen'i. after the troops from this State, in the service of the * * 238 LAWS OF IOW.A. Salary of Qr. Master. Pay Master abolished. Salary of Sur- geon General Preamble. United States, are mustered out of such service, and thereafter he shall receive an annual salary of five hun. dred dollars; such salary to be paid in the same manner as the salary of the Governor. The Adjutant General may also employ two Clerks in his office; Provided, that the salaries of Said Clerks shall not in the aggregate exceed at the rate of fifteen hundred dollars per am. Illllll. - SEC. 47. The salary of the Quarter Master General shall be at the rate of three hundred dollars per annum, provided that when the duties are performed by the Ad. jutant General he shall receive no additional compensa. tion therefor. SEo. 48. The office of Paym-aster General is here. by abolished, and the duties of that office shall be dis. charged by the Adjutant General. SEC. 49. The salary of Surgeon General shall be at the rate of one thousand dollars per annum, until after the expiration of the present war. SEc. 50. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 51. This Act being deemed of immediate im- portance by the General Assembly, shall take effect and be in force from and after its publication in the Daily State Register and Daily Des Moines Times, news. papers published at Des Moines. Approved April 8, 1862. I hereby certify that the foregoing Act was published in the Daily State Register April 20th, 1862, and in the Des Moines Times, April 26, 1862. ELIJAH SELLS, Secretary of State. C EI A P T E R 1 7 6. CAPTAIN MORTON AND OTHERS. AN ACT to pay Capt. James F. Morton and others for services ren: dered in protécting the Northwestern frontier during the months of May and June, 1861. WHEREAs, detachments of a Company commanded by Capt. James F. Morton, known as the “Frontier Rangers” and organized for the protection of thº Northwestern Frontier, according to the provisions of the Militia Law of the State of Iowa, did render ac- LAWS OF LOWA. *- 239 tual and necessary service in preventing Indian dep- redations, and in pursuing marauding parties of In- dians in the counties of Woodbury and #. du- ring the months of May and June, 1861, and before their acceptance by the State, therefore, . SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That upon the filing of the Muster Proceedings Rolls of said detachments, properly certified to by their to obtain pay. commanding officer in the office of the Adjutant Gen- eral of the State, setting forth the date and duration of said service and the same shall be approved by him, the persons therein named shall be entitled to the same pay and allowance as if regularly mustered into the service of the State. SEC. 2. Upon the presentation of said Muster Rolls, Warrants to or copies of them, to the Auditor of the State, with the issue. amounts to which the persons therein named are respect- ively entitled, set forth and duly certified to by the Ad- jutant General, said Auditor is hereby authorized and directed to issue and deliver warrants upon the War and Defense Fund to the persons respectively named in said Rolls for the amounts therein designated as due them. SEC. 3. The sum of two hundred and fifty dollars, or Appropria- so much as shall be necessary, is hereby appropriated tion. from the War and Defense Fund to carry into effect the provisions of this Act. SEC. 4. This Act being deemed of immediate im- portance, shall be in force from and after its publication in the Daily State Register and the Des Moines Daily Times. Approved April 9, 1862. I hereby certify that the foregoing Act was published in the Iowa State Register, April 23, 1862, and in the Des Moines Times, May 3, 1862. ELIJAH SELLS, Secretary of State. JOINT RESOLUTIONS. N U M B E R 1. ARSENAL AND ARMORY AT ROOK ISLAND. Be it resolved by the ſouse of Representatives, the Senate con- curring, That our Senators and Representatives in Congress from this State be requested to use their utmost exertions to procure the establishment, at the earliest possible time, by the Government of the United States, of an Arsenal and Armory on the Island of Rock Island, in the State of Illinois. Resolved, That the Secretary of State be directed to forward to each of our Senators and Representatives in Congress, a copy of these resolutions. Approved January 23d, 1862. N U M B E R 2. COMPLIMENTARY TO IOW.A. WOLUNTEERS. Resolved by the Senate and House of Representatives of the General Assembly of the State of Iowa, That while we mourn the loss of our brave Iowa Volunteers who have perished by disease and poured out their life blood on the battle-field, and sympathise deeply with the bereaved friends; with the sick and wounded ; jus- tice demands that this General Assembly shall enter upon its records, its thanks to all the officers and soldiers of the Iowa Regi- ments for the honor they reflect on our State by their patriotic ser- vices, and the proud position they have gained in the estimation of their countrymen for unflinching bravery and devotion to our com- mon country, and that we view with especial pride, the heroic deeds of the Iowa 1st, 3d and 7th Regiments at Springfield, Blue Mills, and Belmont, where they gallantly sustained the honor of theiria. 31 242 JOINT RESOLUTIONS. and inscribed on the bright pages of their country’s history, names emblazoned in glory. . 2d. That our Senators in Congress be instructed and our Rep. resentatives be requested to use their exertions to procure an order that the Iowa 3d and 7th Regiments of Infantry be authorized to bear upon their respective Colors, the words, “Blue Mills,” and “Belmont,” in letters of gold, that they may bear a similar badge of honor with the Iowa 1st Regiment. Approved January 31st, 1862. i N U M B E R 3 . DISTRIBUTION OF ADJUTANT GENERAL'S REPORT. Resolved by the House of Representatives, the Senate concurring herein, That the Chief Clerk of the House be, and is hereby in- structed to distribute the one thousand copies of the Adjutant Gen. . eral’s Report, now printed, as follows: One copy to be placed in the office of the Recorder of each organ. ized County in the State, in the place kept for the records of deeds, &c., as a part of the records of said county, and subject to the same general examination as the other records; one copy to be presented to the County Judge of each County, to be kept in his office for public use; two hundred copies to the Adjutant General of the State; one copy to the Captain of each Company now in the service from this State, for the use of said Company; fifty copies to be placed in the State Library, and the remainder to the Members of the General Assembly. º Approved January 31st, 1862. NUM B E R 4. IRELIEF OF IOW.A. TROOPS IN MISSOURI. Jºesolved by the General Assembly of the State of Iowa, That the Adjutant General of this State be authorized and directed to send to the hospitals or camps in Missouri, where Iowa troops are located, such articles as can be spared from the military stores now on hand, and which will be conducive to the health and comfort of the sick. Approved January 31st, 1862. . º JOINT RESOLUTIONS. ~. 243 N U M B E R 5. COMPLIMIENTING OUR TROOPS AT IFT. DONELSON. Resolved, by the Senate and House of Representatives of the State of Iowa, 1. That in the name of the whole people of the State, we thank the Iowa troops for their undaunted bravery and gallant conduct in the recent fight at Ft. Donelson, in which in the post of honor, they nobly sustained their own brilliant fame and won fresh and unfa- ding laurels for the State. 2. That a copy of this Resolution be forwarded to the Colonel of each of the Iowa Regiments engaged in the battle at Ft. Don- elson. Approved, February 19th, 1862. N U M B E R 6 , ASSISTANT SURGEON AND NURSES. WHEREAs, It is reported by the public press, by private individu- als, and by officers of the army, that sickness and distress are now, and have been for some time past prevailing to a fearful ex- tent among the Iowa Volunteers now in the service of the Gen- eral Government ; AND WHEREAs, There is good reason to believe that such sickness is caused in part by the failure of Government to provide suitable quarters and a sufficiency of medical attendance for such volun- teers; AND WHEREAs, Great numbers of such volunteers have already died in consequence of such negligence and want of medical attend- ance, therefore ; Be it resolved by the General Assembly of the State of Iowa, That Our Senators in Congress be instructed and our Representatives re- quested to use their united and earnest efforts with the Government of the United States to remedy the evils herein mentioned and es- pecially to procure authority for the Governor of this State to ap- point one more additional Assistant Surgeon to each regiment of Volunteers from this State, and the necessary female nurses to at- tend to our sick soldiers in the hospitals; that if the General Gov- ernment is unable to furnish suitable hospitals and the necessary conveniences for our sick Soldiers, that permission be granted to the State of Iowa to provide for their suffering condition some suitable 244 JOINT RESOLUTIONS. place in the State of Iowa, to which such sick and disabled soldiers may be removed, until they are restored to health and fit for service, or otherwise disposed of. Be it further resolved, That the Secretary of State be directed to forward one copy of these resolutions to the President of the United States, one copy to the Secretary of War, and one copy to each of our Senators and Representatives in Congress. Approved February 6th, 1862. *sº N U M B E R 7. FELIEF OF INVEIGLED TROOPS. WHEREAs, Certain loyal citizens of Iowa, forty in number, have been inveigled to St. Louis, Mo., under the representations of Cap- tain D. B. Green, that they were to join the Lyon Memorial Regiment, to be composed of Companies of picked men from different States, and said Capt. Green had authority from the Governor to raise an Iowa Company for said regiment, and WHEREAs, on their arriving at St. Louis, no such regiment was being formed, these men were, against their consent, and by further false representations and assurances that they should soon be transferred to an Iowa Regiment, were induced to be mus- tered into service, and to join, as they understood, temporarily, the 19th Regiment of Missouri Volunteers, therefore, Resolved by the House of Representatives, the Senate concur- 'ring, That the Governor of Iowa be requested to lay the matter before His Excellency, Gov. Gamble, of Missouri, furnishing the names of the men aggrieved, with the request that the Iowa troops so designated, be transferred to such Iowa Regiment as they may designate; and further, that Gov. Kirkwood be instructed to for: ward a copy of these resolutions of the General Assembly of Iowa, to His Excellency, the Governor of Missouri; a copy to General Halleck; a copy to the Secretary of War, and a copy to the Presi- dent of the United States. . Approved March 10th, 1862. * N U M B E R 8. MAIL ROUTES. Resolved by the Senate and the House of Æepresentatives, That JOINT RESOLUTIONS. - 245 our Senators in Qongress be instructed, and our Representatives re- quested, to use their influence to procure the establishment of the following mail routes, to wit : A tri-weekly mail route from Des Moines, Iowa, via Boone, Adel, Redfield, Panora, Guthrie Centre, Bear Grove, Exira, Har- lan, to Magnolia, in Harrison County; a tri-weekly mail from the City of Des Moines, via Indianola, Osceola, Mount Ayr, Iowa, thence via Albany, Rochester to St. Joseph, in Missouri; a daily mail from Eddyville, via Centerville, Corydon, Leon, Mount Ayr, Bedford, and Clarinda, to Sidney, Fremont County, Iowa, thence to Nebraska City, Nebraska Territory; a daily mail from Eddy- ville by way of Knoxville, to Des Moines, Iowa. Resolved, That the Secretary of State be requested to forward a copy of this resolution to each of our Senators and Representatives in Congress. Approved March 10th, 1862. N U M B E R 9. FEDERAL JUIDICIAL CIROUIT COURT. JOINT RESOLUTION instructing our Senators and requesting our Representa- tives in Congress to favor the construction of one Federal Judicial Circuit from certain States. Resolved by the Senate and the House of Representatives of the State" of Iowa, That our Senators in the Congress of the United States, be instructed, and our Representatives requested to favor and support the organization or construction by the Congress aforesaid, of one Federal or United States Circuit, for judicial purposes, out of the States of Minnesota, Iowa, Nebraska and Kansas. Resolved, That the Secretary of the Senate forward to each of our Senators and Representatives at Washington, a certified copy of these resolutions. Approved March 10th, 1862. N U M B E R 1 0 . REGIMENTAL FLAGS. Resolved by the General Assembly of the State of Iowa, That 246 JOINT RESOLUTIONS. the Governor and Adjutant General of this State, be authorized and directed to procure Regimental Flags for the Iowa Regiments, and that said flags shall bear the State arms of Iowa, and such words commemorative of battles in which any of the Iowa Regi. ments have distinguished themselves, as the Governor and Adjutant General may determine. Approved, March 12th, 1862. N U M B E R 1 1. FORT DONELSON COMMISSION. Resolved by the General Assembly of the State of Iowa, That the Governor be and he is hereby authorized, to send not more than three persons, to look after, care and provide for the Iowa Soldiers wounded at Fort Donelson, Tennessee. Resolved, That any expense incurred in their behalf shall be paid out of the Governor's Contingent Fund. Approved March 12th, 1862. NUM BER 12. b MAIL ROUTE. Be it resolved by the Senate and House of Representatives of the State of Iowa, That the Senators in Congress from this State, be instructed, and Representatives be requested to use their utmost exertions to procure the establishment of a tri-weekly mail route, at the earliest period possible, from Des Moines City via Adel, Pa. nora, Guthrie Centre, Bear Grove, Exira, Buck Creek, Newtown, and Keg Creek to Council Bluffs. { Resolved, That the Secretary of State be directed to forward to each of our Senators and Representatives in Congress, a copy of this Resolution. Approved, March 14th, 1862. JOINT RESOLUTIONS. *- 247 N U M B E R 1 3 . BOMAN CATEIOLIO CLERGY MAN. JOINT RESOLUTION relating to a Roman Catholic Clergyman for the Iowa Regiments of Volunteers. WHEREAs, It is understood that a considerable number of Soldiers of the Roman Catholic faith belong to the Iowa Regiments of volunteers, now in the service of the United States, and they wish the ministration of a Clergyman of that faith, therefore, Resolved by the Senate and House of Representatives, That the Governor be requested to ask the War Department to permit a Roman Catholic Clergyman, to be named by him, to visit and re- main with the Iowa Regiments of Volunteers in the service of the United States, and to minister to the spiritual wants of such sol- diers thereof as may desire it, and that the War Department cause him to be paid the same pay and have the same allowances as the Chaplains of the said Regiments. Approved, March 21st, 1862. N U M B E R 14 . COMPLIMENTARY TO THE PRESIDENT OF THE UNITED STATES. Resolved by the General Assembly of the State of Iowa, That we tender to Abraham Lincoln the expression of our cordial appro- val and thanks for the manner in which, amidst unparalleled diffi- culties and embarrassments, he has administered the Government of the United States from his inauguration to the present time; and that as we have given to him our unwavering support in the past, so for the future, retaining an abiding confidence in his ability, in- tegrity, and patriotism, we pledge to him our earnest co-operation in all such measures as he shall deem requisite and just, to utterly and forever vanquish the rebellion of the South, and restore once more to the unbroken American Union, the unquestioned suprem- acy of the laws and the Constitution. Resolved, That the Secretary of State be directed to forward a copy of the foregoing resolution to the President of the United States, and to each of our Senators and Representatives in Con- gress. Approved March 29th, 1862. 248 JOINT RESOLUTIONS. N U M B E R 1 5 . OLAIM OF JOHN HORNBY. JOINT RESOLUTION in relation to the claim of John Hornby. Be it Resolved by the General Assembly of the State of Iowa, That the Auditing Commissioners appointed in Chapter 10 of the Acts and Resolutions passed at the Extra Session of the Eighth General Assembly, be and they are hereby directed to audit and allow all just claims of John Hornby for building the Head Quarters at Camp McClellan, in the same manner that other claims are audited and allowed, and certify the same as in other cases, provided the same does not exceed fifty-four dollars. Approved, March 29th, 1862. N U M B E R 1 6. TRUSTEES INS ANE HOSPITAL. Be it Resolved by the General Assembly of the State of Iowa, That Martin L. Edwards, of Henry County, and J. M. Shaffer, of Jeff. erson County, be and are hereby appointed Trustees of the Hos. }. for the Insane, to fill the places of G. W. Kinkaid and J. B. ash, whose terms of office have expired by provisions of section 1,472, chap. 59 of the Revision of 1860. This Joint Resolution being deemed of immediate importance, shall take effect from and after its publication in the Daily State Register and Des Moines Daily Times. Approved April 5th, 1862. N U M B E R 17 . SW AMP LANDS. Be it Resolved by the General Assembly of the State of Iowa, That whereas, the Commissioner of the General Land Office of the United States has rejected certain lists of Lands, selected as Swamp and Overflowed lands within this State, by the agents of the State JOINT RESOLUTIONS. *- 249 under the act of Congress, approved September 28, 1850, under the supposition that the State of Iowa claims said lands for Rail Road purposes, under the Act of May 15th, 1856, and, whereas, many of the lands so rejected have been sold to bona fide purchasers by authority of the General Assembly of this State, and are now in actual possession and cultivation by citizens of this State ; Therefore, Resolved, That the State of Iowa hereby disclaims any purpose or intention to claim the lands so selected as swamp and overflowed lands, under any other grant, or for any other purpose, than is expressed in the Act of Congress, approved September 28th, 1850. - Resolved, That any selection of any of the swamp and over- flowed lands of this State for railroad purposes, or the selection for railroad purposes of the lands selected as swamp and overflowed lands, by the agents of this State, prior to March 3d, 1857, has been without authority or consent of the State of Iowa, and any and all such supposed acts, upon the part of the State of Iowa, are hereby expressly disclaimed. Resolved, That the Secretary of State be requested to furnish a copy of these resolutions, duly attested under the seal of the State, to the Commissioner of the General Land Office, and the Secretary of the Interior of the United States; and the Governor of this State be authorized to take such steps as shall secure to this State the swamp and overflowed lands, under the Acts of Congress, ap- proved Sept. 28th, 1850; March 3d, 1857; and March 12th, 1860. Approved April 7th, 1862. N U M B E R 18. CLAIM OF JOHN JOHNS, J.R. JOINT RESOLUTION in relation to the claim of John Johns, Jr. Be it resolved by the General Assembly of the State of Iowa, That the Auditing Commissioners appointed in Chapter 10 of the Acts and Resolutions passed at the Extra Session of the Eighth General Assembly, be and they are hereby directed to audit and allow the claim of John Johns, Jr., for a horse lost in the service of the State of Iowa, and appraised by the agents of the State at one hundred and fifteen dollars, and certify the same as; in other CàSéS. Approved April 7th, 1862. 32 250 JOINT RESOLUTIONS. N U M B E R 19. DES MOINES RIVER GRANT. JOINT RESOLUTION in relation to the Des Moines River Grant. Resolved by the General Assembly of the State of Iowa, That our Senators in Congress be instructed, and our Representatives re- quested, to use their influence to procure from the proper Depart. ment at Washington, an order to prevent the sale of any lands within the State of Iowa, heretofore held by the Department of the Interior to have been granted to the Territory of Iowa, by act of Congress of August 8th, 1846, to aid in the improvement of the Des Moines River, until the action of Congress can be had in re- gard to quieting said grant; and to obtain from Congress the pas. sage of an Act or Resolution, granting or confirming to the State of Iowa, all of said river lands to the north line of the State of Iowa, to be used by the State in paying the just claims assumed by the State against the Des Moines River Improvement, and in building a Railroad along said river: Provided, That no such act shall, in any manner, apply to any lands heretofore granted to the State for Railroad purposes, or for any other purposes whatsoever. Resolved, That the Secretary of State shall send copies of these resolutions to each of our Senators and Representatives in Con- FéSS. Approved April 7th, 1862. N U M B E R 2 (). CLAIM OF CAPTAIN GOTTSCHALK. A JOINT RESOLUTION to provide for auditing the claim of Captain Gotts. chalk for shoes purchased for Company H, First Regiment of Iowa Volunteers. Be it resolved by the General Assembly of the State of Iowa, That the Commissioners created by Act of the General Assembly at its Extra Session in 1861, to audit claims against the War and Defense Fund, be and they are hereby authorized, to audit and allow, the just claims of Capt. Frederick Gottschalk, for the purchase of shoes for Company H, of the First Regiment of Iowa Volunteers at the City of Keokuk. This Resolution to be in force after its publication in the Iowa State Register and Des Moines Times. Approved, April 7th, 1862. I hereby certify that the foregoing Act was published in the Des Moines Times May 28th, 1862, and in the Iowa State Re; KH*g ; gº of **ś, , Secretary o ‘g JOINT RESOLUTIONS. - 251 N U M B E R 2 1. CLAIM OF CAPT. WILLIAM EDWARDS. JOINT RESOLUTION to provide for the auditing of the claim of Captain Wil- liam Edwards. Be it Resolved by the General Assembly of the State of Iowa, That the Auditing Commissioners appointed by Act of the General Assembly, be, and they are hereby authorized and required to audit the just and equitable claim of Capt. William Edwards, of Lee County, which he expended in the support and hospital charges for such of said company as afterwards entered the 5th, 6th and 7th regiments of Infantry, and the battalion of Artillery raised at Bur- lington, upon such proof as the said Commissioners may require to Satisfy them of the justness of said claim. Approved April 7th, 1862. N U M B E R 2 2 . APPEOPEIATION TO ENROLLING OLERECS. Be it resolved by the General Assembly of the State of Iowa, That seventy-six dollars are hereby appropriated out of money in the Treasury not otherwise appropriated, for the pay of the assist- ants of the enrolling Clerks of the Senate and House of Repre- Sentatives of the Ninth General Assembly. The said stim shall be distributed as follows: Thirty-six dollars shall be paid to the Secretary of the Senate, who shall distribute it to the assistants of the Senate's Enrolling Clerk, at the rate of four dollars per day, and forty dollars shall be paid to the Clerk of the House, who shall distribute it to the assistants of the House Enrol- ling Clerk, at the rate of four dollars per day. Äpproved, April 8th, 1862. N U M B E R 2 3 . OOIL. J. M. TUTTLE. WHEREAs, Col. J. M. Tuttle, as acknowledged by Major General 252 JOINT RESOLUTIONS. Halleck, was the Commander of the column that first entered Fort Donelson, and WHEREAs, the Regiment which Col. Tuttle commanded gained a world-wide reputation for the undaunted courage manifested in their brilliant charge at Fort Donelson, entitling not only the Regiment, but particularly Col. Tuttle, to the confidence of the country, and the War Department, therefore, Be it resolved by the House of Representatives, the Senate con. curring herein, That we recommend to the War Department the pºtion of Col. J. M. Tuttle to the position of Brigadier Gen. €I’àl. Resolved, That our Senators be instructed, and our Members in Congress be requested, to use their best endeavors to secure the promotion of Col. J. M. Tuttle to the position of Brigadier Gen- eral. Resolved, That the Secretary of State be, and is, hereby re- quested to forward a certified copy of these resolutions to the Pres. ident, the Secretary of War, and to each of the Members of Con- gress from Iowa. Approved April 7th, 1862. N U M B E R 24 . ASSISTANCE IN ADJUTANT GENERAL's OFFICE. Resolved by the General Assembly of the State of Iowa, That the Governor is hereby empowered to employ such additional as- sistance in the Adjutant General’s office as he may from time to time deem necessary; and the Auditing Board are hereby directed to audit the accounts for the same, to be paid out of the War and Defense Fund. Approved, April 8th, 1862. N U M B E R 25. TRUSTEES AGRICULTURAL COLLEGE AND FARM. JOINT RESOLUTION of the General Assembly of the State of Iowa. Resolved by the House of Representatives (the Senate concurring) JOINT RESOLUTIONS. 253 That M. W. Robinson, of Des Moines county, John Thompson of Appanoose county, John McDonough of Clarke county, Wm. Du- ane Wilson of Polk county, Thomas Holyoke of Powesheik county, Porter L. Hinckley of Fayette county, and J. A. Bronson of Jones county, are hereby elected Trustees of the Iowa State Agricultural College and Farm, and shall hold the offices for the term of four years from the fifteenth day of January next, to fill the vacancies which occur at that time by the expiration of the term of office of M. W. Robinson, Timothy Day, Oliver Mills, Wm. Duane Wilson, Richard Gaines, J. W. Henderson and John Potter, subject to the provisions of Article Third of Chapter 67 of the Revision of 1860. Approved April 8th, 1862. N U M B E R 2 6 . CLAIMS OF A. GREEN WALD AND OTHERS. Be il Resolved by the General Assembly of the State of Iowa, That the Board of Auditing Commissioners be, and are, hereby au- thorized to audit and allow the just claims of A. Greenwald, Rogers & Waples, and Becker & Guilbert, of Dubuque County, for cloth- ing, boots and caps furnished Iowa Volunteers as per accounts now on file in the office of said Board. Approved April 8th, 1862. N U M B E R 2 7. PASSES TO WOLUNTEER.S. Jºesolved by the General Assembly of the State of Iowa, That the Governor or Adjutant General of this State shall have full º to give a pass to any soldier of an Iowa Regiment, who has been absent from his Regiment on furlough, whenever in the opinion of the Governor or Adjutant General, there is a neces. sity to furnish such aid. Approved, April 8th, 1862. 254 JOINT RESOLUTIONS. N U M B E R 28. APPROPRIATING SUPREME COURT REPORTS. Be it Resolved by the General Assembly of the State of Iowa, That the Secretary of State be, and is hereby instructed to furnish to each member of this General Assembly and to the regular Secreta. ries, Clerks and Reporters thereof, one copy of such volumes of the Supreme Court Reports as are on hand, or that may be received during the present session; Provided, The same can be furnished without additional expense to the State. Approved April 8th, 1862. 'I N D E X. ABOLISHED)— Office of Pay Master General, ty Office of Commissioner of Immigration, ACKNOWLEDGMENTS–By parties wishing to arbitrate, ACTIONS.– Against Counties, Do not abate, Parties to arbitrating, make acknowledgement, ACTS-(And see Laws) Present session, publication and distribution, Publication in papers, taking effect, General, published in German papers, Relating to Schools, amended and consolidated, ADDITIONS-To Unincorporated Towns, ADJUTANT GENERAL– Report of Publication and distribution of report, Duties of, Act as Quarter Master, Administer Oaths, Salary of Salary of his Clerks, Act as Pay Master, Report of, 1,000 copies distributed, Furnish relief to troops in Missouri, And Governor, procure Regimental flags, Governor employ assistance for office, Or Governor give passes to soldiers, ADMINISTRATOR- Furnish County Judge list for Probate Record AGENTS_ Swamp Land, Governor appoint, duties, Swamp Land, special County, AGRIdºl. COLLEGE–Trustees appointed, AGRICULTURAL SOCIETIES Lands leased to exempt from taxation, AIDS-DE-CAMP-Governor to appoint, 238 230 100 229 230 137 159 204 32 116 117 232 233 234 237 238 23S 242 242 245 252 253 71 186 189 252 32 233 256 INDEX. ALEXANDER, E. A.—Notarial Acts legalized, 59 AMITY COLLEGE–Relief of, 159 ANDERSON, SETH-Acts as County Judge legalized, 138 APPANOOSE COUNTY – Re-index Records, 60 APPEARANCE DOCKET_ * Clerk of District Court to keep, 28 Clerk make entry in of filing of pleading, 75 APPRAISAL—of strays, 113 APPRAISERS–of school lands, 170 APPRAISEMENT—of property of decedent, 23 APPORTIONMENT— Of taxes on lands and town lots in Webster Co., 25 Of State into Senatorial districts, 118 Of State into Congressional districts, 182 Of State into Representative districts, 199 APPROPRIATION__ For per diem of members of the General Assembly 14 To Brown & Allender, 47 For Asylum at Winton, 48 For mileage of members, 67 For Insane Hospital, 109 General, for pay of members and officers, subscrip- tions to newspapers, &c., 143 For salaries of State and other officers, contingent funds, interest on bonds, loans, &c., 151 For Penitentiary, guards, library, locks, shop, &c., 190 To pay Captain Morton and others, 239 To assistant Enrolling Clerks, 251 Of Supreme Court Reports, by General Assembly, 254 ARNOLD, DELOS— Notarial acts legalized, 156 ARSENAL AND ARMORY-On Rock Island, 241 ASYLUM- Blind, (see Blind Asylum, - Deaf and Dumb, (see Deaf and Dumb Asylum,) Insane, (see Insane Asylum, also Hospital,) ASSESSOR— Election, duties, compensation, 224 Note, road, and sub-district, 226 ASSISTANT SURGEONS–And nurses, appointment of 243 ATTORNEY –Powers of must be recorded, 136 ATTORNEY GENERAL– Abate suit to recover certain Webster County lands, as an escheat, 111 Salary and fund, 152 Bid off property for State, 181 AUCTIONEERS–License granted to, 108 INDEX. AUDITING COMMISSIONERS– May administer oaths, Audit claims without regard to date of presentation, Audit claims Cols. Edwards, Morledge and others, Audit claim John Hornby, Audit claim John Johns, Jr., Audit claim Capt. Gottschalk, Audit claim Capt. Wm. Edwards, Audit claim A. Greenwald and others, AUDITOR OF STATE_ Shall re-issue war and defense fund warrants, Issue certificates to Life Insurance Companies. Salary and fund, Report statement of School Fund to Legislatnre, Apportion school fund interest to counties, Furnish forms to counties, Issue warrants to Frontier Rangers, BANK NOTES and Treasury notes received for taxes, BLINI) ASYLUM- At Winton, appropriation to complete, Principal to purchase supplies, Appropriation for support, Salary of Principal, Pay of Matron and teachers, Pupils admitted, clothing of, Appropriation for pupils, Trustees report to Auditor of State, Principal's report, Rent of building, Board of Trustees constituted, Board of Trustees fill vacancies, Removal of to Winton, BOARD– Of Commissioners, Insane Asylum abolished, State Canvassers, canvass votes of special election, Of Auditing Com’rs audit claims for military supplies, Of Trustees Blind Asylum constituted, BOARD OF EDUCATION.— Taking effect of laws of postponed, Time of meeting fixed, Secretary of (See Sec'y Board Education.) BOARD OF SUPERWISORS Divide townships into election precincts, Sell real estate acquired by County, Duty relative to plank roads, Pay limited, Number of members to be elected, Duty relative to funding outstanding warrants, 190 190 23 33 62 6S 192 33 258 INDEX. BOARD OF SUPERWISORS–Continued. Clerk to keep record of bonds issued, (See Clerk), 123 Examine warrants in hands of Clerk, 124 Levy tax to pay interest on bonds, 124 May order return of bonds when due, 124 Prohibit fast riding or driving over bridges, 127 Fix bond of the Judge, 134 Manage School Fund, 168 Employ agents to secure School Fund, 168 Authorize sale of School land, 171 Require bond of Agent to receive Swamp Land Fund, 188 Nominate special Swamp Land Agent, 189 Levy School Tax, 212, 215 Levy tax to pay interest on School Fund Loan, 220 Levy Federal Tax, 223 BON DS— Of County Officers must be recorded, 26 County issued in lieu of warrants, 123 County Judge must give, 134 State, appropriation to pay interest on, 154 BOUNDARIES of Counties may be changed, 93 BRIDGES, fast riding or driving over prohibited, 127 BROWN, JOHN H., Notarial acts legalized, 66 BROWN AND ALLENDER— Settlement with the State, 45 Appropriation to, 47 BURKHOLDER, Acts as Clerk District Court legalized, 203 CAN WASS— - Of votes cast at special election, 97 Duty of Township Clerk, relative to 98 CAPTAIN MORTON.—And others, pay of (Frontier rangers) 238 CATHOLIO CLERGYMAN–For Iowa Regiments, 247 CEN SUS BOARD– Fix per cent. of Federal Tax, 20 Consent to sale of real estate owned by State, 33 CERTIFICATES-Of County Treasurer, owners protected, 179 CRETIFICATES OF ELECTION.— Clerk Board Canvassers to issue, 37 CHALLENGING—Jurors, 229 CHANGE– - Of name of Town, Township, or Village, 82 Of County Boundaries, 93 CHANGE OF VENUE– From Justice's Court, 34 But one change allowed, 35 CHAPLAIN– Of General Assembly, pay of 144 Of Penitentiary, salary, 153 INDEX. 259 CHARITABLE INSTITUTIONS Purchase of supplies for regulated, (See Blind Asylum,) (See Deaf and Dumb Asylum,) (See Insane Asylum, also Hospital.) CHASE, D. D.—Acts as District Attorney legalized, CITY COURT-At Dubuque, duties and powers of, CLAIMS- Col, Edwards, Morledge, and others, Of John Hornby, Of John Johns, Jr., ! Of Captain Gottschalk, Of Captain Wm. Edwards, Of A. Greenwald and others, CLAIMANTS-Of Saline Land, additional time, CLARK, GEO. W.-Notarial acts legalized, OLEMENS- And others released from liability on recognizance, OLERK— Deputy of District Court act instead of principal, Of Board Canvassers issue certificates of election, Township, notify officers of their election, (see Town Clerk,) Township, compensation, Penitentiary, salary, OLERK OF BOARD OF SUPERVISORS– Keep record of County Bonds issued, Duty relative to School Fund, Make annual statement to Auditor, Have school lands appraised and sold, Certify to Governor final payment on school lands, Transmit statistics to Auditor, Liable for fine, OLERK DISTRICT COURT Deputy to act instead of principal, Record Bonds County officers, fee for Keep an Appearance Docket, Index Appearance Docket, And Justices make annual report to Board Supervisors, Not required to keep notice books, Send copy of appraisal of strays to printer, Sell Laws Ninth Session General Assembly, Officiate as County Judge, Acts of Burkholder as, legalized, CLERK HOUSE OF REPRESENTATIVES Transcribe, index and distribute Journals, CODE—Of Civil Practice, amended, COLLECTION.—Of Money due State and Counties, 49 100 81 141 248 249 250 251 253 8S 166 98 153 123 169 170 170 171 225 226 27 2S 29 31 '75 113 13S 195 203 140 229 186) 260 INDEX. COLLEGE– Cornell, acts incorporation legalized, 20 Amity, relief of 159 Medical, at Keokuk, loan to, 163 COLONEL TUTTLE-Promotion, (resolution,) 251 COMMISSIONERS - . Board of, for Insane Asylum abolished, 7 Of Immigration abolished, 10 In locating road, acts legalized, 11 Auditing, audit claims for military supplies, 14} To visit Fort Donelson, 246 COMPANIES . Fire, in Waterloo, Iowa, 104 Life Insurance, 39 Rail Road, (see rail road companies,) COMPENSATION.—(and see salaries,) Of County Judges, 157 COMPLIMENTARY To Iowa Volunteers, 241 To our troops at Donelson, 243 To President of United States, 247 CONCEALING—Stolen property, punished, 135 CONGRESSIONAL DISTRICTS-State divided into six, 189 CONNECTING—Rail Roads, carrying freight, &c., regulated, 183 CONSTABLES-Deputed, bond, 230 CONTINGENT FUND, {} General, for postage, arrest of fugitives, &c., 153 For extraordinary expenses, Executive Department, 154 Officers having, report to General Assembly, 153 CORNELL COLLEGE–Acts incorporation legalized, 20 COSTS- And fees for serving writs, how paid, 66 And fees, one County can collect of another, 66 COUNTIES And the State may acquire real estate, 3 May change boundaries, 93 Actions against, 100 May fund outstanding warrants, 122 And State acquire property and collect moneys, 180 COUNTY COURT Jurisdiction over property of Minors, 29 Jurisdiction in case of Sales of liquors, 102 COUNTY JUDGE, Keep probate record, 70 Fees for keeping probate record, 71 Shall give bond, 134 Compensation, (fee bill,) 157 Clerk to officiate as, 195 INDEX. 261 COUNTY OFFICERS–Bonds recorded by Clerk, COUNTY SEATS-Re-location of, COUNTY RECORDER— - File report, decrees and judgments of United States Court, COUNTY TREASURER— Receive Bank Notes and Treasury Notes for Taxes, Keep account of tax received in Specie and Notes, Cannot exchange Specie for Notes, Notified by Secretary of State of suspension of banks, Collect Federal Tax, give additional bond, Receive war and Defense Fund Warrants for Tax, of Webster County, apportion taxes on lands and town lots, Cancel County Warrants, give County Bonds in lieu of, Keep record of Warrants received and bonds ex- changed, Transmit Warrants to Clerk of the Board, Certificates of, owners protected, Answer letters concerning taxes, fee for, Pay over District School Tax, Sell real property for delinquent taxes, Collect tax by distress and sale, COUNTY SUPERINTENDENT Election, qualification, duties, COUNTY WARRANTS Outstanding, Counties may fund, County bonds issued in lieu of, COURT District, [See District Court.] Established at McGregor, Of the City of Dubuque, County, jurisdiction in liquor cases, In Sixth Judicial District, In Pocahontas County, In Third Judicial District, fix time of holding, United States decrees and judgments, County Recorder keep file, Federal Judicial Circuit, [resolution,] DAMAGES.– In locating Roads, amend Section 843 Revision 1860, Rail Roads liable for, DAY'S OF GRACE– In payment of Bills and Notes, observed, DEAF AND DUMB ASYLUM Principal purchase supplies, Appropriation for support of, Salary of Principal, 25 52 179 262 INDEX. DEAF AND DUMB ASYLUM-Continued. Pay of Matron and Teachers, 175 Pupils admitted, Clothing of, 176 Appropriation for Pupils, 176 Trustees report to Auditor, 176 Principal to report, 176 Rent of Building, 176 DECEDENTS_ Widow and Minor Children of, support, 22 DECREES AND JUDGMENTS Of United States Court, Recorder keep on file, 179 DEFAULT— Plaintiff give security to abide future order of Court, 173 DELINQUENT— Taxes, sale for, 225–227 DEMUR ANI) ANSWER— Time allowed for, 229 DEPUTY CLERK OF DISTRICT COURT- Act instead of his principal, 6 Former Acts legalized— 6 DEPUTY CONSTABLES_ Appointed, bond of, 230 DES MOINES RIVER GRANT— State wants to north line, 250 DETENTION-Forcible, 230 DIRECTORS–School, [See Schools] DISABILITY –To hold office, 57 DISEASED SHEEP— Importation and running at large prevented, 36 DISTRIBUTION__ Of Adjutant General’s Report, 117 Laws of present session General Assembly, 137 Of Journals, Senate and House, 140 Of the 1,000 copies Adjutant General's Report, 242 DISTRICTS Judicial, [See Judicial Districts] Senatorial, apportionment, 118 Congressional, State divided into, 182 Representative, apportionment, 199 DISTRIOT ATTORNEY — Salary of, 152 Bid off property for County, 181 Of 1st District, collect money due Penitentiary, 181 DISTRIOT JUDGES-Salaries of, 152 DISTURBANCE— Of any lawful assembly, penalty, 166 DITCHES AND DRAINS- Prevent obstructions in, 156 INDEX. 263 DIWORCE—Persons divorced may marry, 99 DOCKET-Appearance, Clerk of District Court to keep, 28 DOGS- Registry of, 76 Tax on, goes to School Fund, 77 DOWER— Widows’, 173 Husband has same rights as Wife, 174 DRAFTING— For Military service, how performed, 235–236 DRAINING— Across another’s lands, 69 Damages assessed, 69 Drain may be made on payment of damages, 70 And ditching, obstructions prevented, 156 DROVERS punished for unlawfully driving away stock, 35 DUBUQUE City Court, duties and powers, 81 DUBUQUE & SIOUX CITY R. R. C.O., release swamp, school and river lands, 177 EDGINGTON, EDWARD T., Notarial acts legalized 64 EDWARDS, CAPT. W.M., Claim of, 251 EFFEY, THEODORE, Lands escheated to State relin- quished, 61 ELECTION.— Certificates, Clerk Board Canvassers issue, Special, canvass of votes, 97 Duty Township Clerk relative to, 98 ELECTION PRECINCTS Townships divided into, 23 Manner of conducting elections in, 24 ENROLLING CLERKS, Assistants, pay of 251 ESCHEAT— To State, of lands in Webster county relinquished, 111 Removal of, (Effey,) 61 State relinquishes to heirs of Ketterer, 172 ESTATE–Of decedent, appraisement of, 23 ESTRAYS- Taking up, 112 Appraisal, II3 Estray book Clerk D. C. to keep, 113 Advertisements of strays, printing of, 113 Sec'y State contract for advertising, 114 Title vests in finder, 114 Title vests, in finder, 115 Reward for taking up, 115 EXECUTOR Or Administrator furnish list for probate record, 71 264 INDEX. EXECUTION__ Real Estate sold under, State and Counties may ac- Quire, EXEMPT T Property of Volunteers from levy or sale, Grounds of Agricultural Societies from taxation, FARBOUR-Claim for damages in road location, |FAYETTE SEMINARY__ Incorporation legalized, Changed to Upper Iowa University, FEDERAL CIRCUIT COURT Construction, of desired, [resolution] FEDERAL TAX—. State assumes collection and payment of Assessment, levy and collection of, Delinquent, how collected, Treas. and Clerk keep account of, Auditor and State Treasurer to keep account of, Applied on War and Defense Fund warrants, Census Board to determine per cent., Payable in War and Defense Fund Warrants, Levied by Board Supervisors, FEES— Of Jurors, Of Sheriff for taking convicts to States Prison, And costs for serving writs, how paid, And costs, one county can collect of another, Of County Judges, Of witnesses, losing party pay, Of County Treasurer for answering official letters, FIRE–On prairies and in timber, FIRE COMPANIES in Waterloo, Black Hawk Co., FIVE HUNIDRED THOUSAND ACRE GIRANT— Excess selected to be adjusted, FLAGS- Regimental, Governor and Adjt. General procure, FORCfBīj)} if NTION, FORT DODGE—Lands and town lots, tax upon, FREIGHT--Carriage over connecting IRailroads, FRONTIER RANGERS–Pay of, FORT DONELSON.— Troops complimented, Commission to visit, FRUIT-Protection of, stealing punished, GAME–Protection of, unlawful to take, GOTTSCHALK, CAPT.-Claim for shoes furnished army, GOVERNOR Give notice of assumption of collection of Federal tax, INDEX. GOVERNOR-Continued. Use fund for relief of sick and wounded soldiers, Settle claims of State against United States, Dispose of real estate acquired by State, Commission Judge of McGregor Court, Settle excess of 500,000 acre grant, Procure passes for sick and wounded soldiers, Appoint additional Surgeons, Have nurses employed, Furnish State Printer Adjutant General's Report, Secure remainder University Land Grant, Secure claims due State from United States, Salary and fund, General Contingent Fund, Issue patents for School Lands, Appoint Swamp Land agents, Deed Swamp Land to Counties, And Register fix bond of Agents, Appoint special County Swamp Land Agent, Designate Companies to form Regiments, Appoint special Aids-de Camp, And Adjutant General procure Regimental Flags, Employ assistance for Adjutant General’s office, Or Adjutant General give passes to soldiers, GRACE DAYS- To be observed in acceptance and payment of bills and notes, GRANT— 500,000 acres, excess to be settled, Of Land to University, Governor secure, Des Moines River, State wants confirmed to North line, GREEN WALD–And others, claims of, GROVE CITY –Laying out legalized, GUARDIAN.—Of Minors, HART, E. K.—Notarial Acts legalized, HEDGING—Encouragement of, HIGHWAYS-[See Roads, HOLIDAYS- To be observed in payment of bills and notes, HOMESTEAD– Of the Widow, Taxes on, HORNBY, JOHN–Claim of HOSPITAL FOR INSANE–L.And see Insane Asylum, Commissioners abolished, duties devolve on Trustees, Superintendent procure supplies, Appropriation for, Trustees appointed, 34 266 INDEX. HUNTING—Game, when lawful, HUSBAND AND WIFE—Equal rights as to dower, IOW A CONFERENCE SEMINARY — Articles of Incorporation and legalized, IMMIGRATION.— Commissioner of, abolished, IN CORPORATION.— Of Newton may be divided. INDIAN APOLIS_ Public Square appropriated for School House purposes, INDEX – Q. pprop purp To Appanoose County Records, To Laws present session, To Journals present session, INSANE ASYLUM_ Board of Commissioners abolished, Superintendent of, purchase supplies for, Appropriation for, - Trustees appointed, INSTRUMENTS Written, proof of INSURANCE COMPANIES Life, Foreign operating in this State, Mutual Life, file acts of incorporation with Auditor, INTEMPERANCE— Suppression of, Suppression of INTEREST_ On State Bonds and School Fund, appropriation to pay, On school, Supervisors levy tax to pay, INTOXICATING LIQUORS– Sale of Confiscation of Permits to sell revoked, Warrants to search and seize, JAEGER, EDMUND– Translate laws for German newspapers, JANITOR AND NIGHT-WATCH-Appropriation for, JOHNS, J.R., JOHN–Claim for a horse, JOINT RESOLUTIONS Arsenal and Armory at Rock Island, Complimentary to Iowa Volunteers, Distribution of Adjutant General’s Report, Relief of Iowa troops in Missouri, Complimenting our troops at Donelson, Assistant Surgeons and Nurses, Relief of inveigled troops, Mail routes, 131 174 1() 65 60 137 140 49 109 248 30 39 50 101 154 220 101 102 102 103 165 153 249 241 241 242 242 243 244 244 INDEX. JOINT RESOLUTIONS Continued. Federal Judicial Circuit Court, Regimental Flags, Fort Donelson Commission, Mail route, Des Moines to Council Bluffs, Roman Catholic Clergyman, Complimenting President U. S., Claim of John Hornby, Trustees Insane Hospital, Swamp Lands, Claim of John Johns, Jr., Des Moines River Grant, Claim of Capt. Gottschalk, Claim of Capt. Wm. Edwards, Appropriation to Enrolling Clerks, For promotion of Col. J. M. Tuttle, Assistance in Adjutant General’s Office, Trustees Agricultural College, Claims of A. Greenwald and others, Passes to Volunteers, Appropriating Supreme Court Reports, JOURNALS-Ninth General Assembly, Ninth General Assembly, transcribing, printing, index- ing and distribution of, JUDGES- Of McGregor Court, election, Governor to commission, Of Supreme Court, salaries and fund, Of District Court, salary, County, compensation, (see County Judge) JUDGMENTS_ By Mintun as Justice Peace, he shall sign, In 5th and 11th Judicial Districts, legalized, And decrees United District Court, Recorder keep on file JUDICIAL DISTRICTs— Fifth, change time holding Courts, Eighth, change time holding Courts, Sixth, change time holding Courts, Third, change time holding Courts, 249 260 250 251 251 251 252 252 253 253 254 139 140 41 152 152 157 150 167 179 3 108 129 Fifth and Eleventh, certain judgments therein legalized, 167 Seventh, change time holding Courts, JURORS–Fees of, Challenging of Precept issued to summon, JUSTICES OF THE PEACE— And Clerk District Court to report to Board Supervi- SOrs, Summon appraisers to appraise Stray, 193 13 229 230 31 113 268 INDEX. JUSTICES OF THE PEACE—Continued. Make entry in Stray Book, Depute person to act as Constable, KNAPP, JOSEPH-Notarial Acts legalized, KETTERER—Widow and children, relief of, DANDS— In Webster County, State relinquishes title to, School (see School lands,) Saline, time extended to prove up, TAND GRANTS 500,000 acre, excess to be settled, To University, Governor secure, TAWS– Of Board of Education, taking effect postponed, Ninth General Assembly, publication and distribution, Ninth General Assembly, publication in newspapers, publication of in German newspapers, School, amended and consolidated, LEE COUNTY –Recorder's office, LEGALIZED– Acts Deputy Clerk District Court, Notarial Acts Lewis Case, Notarial acts John W. Thompson, Notarial acts Joseph T. Knapp, Acts certain road commissioners, Levy of school house tax Des Moines County, Articles incorporation Cornell College, Sale of School Lands in Tama County, 113 230 172 111 139 Record of conveyances in Recorder's office, Lee County, 41 44 Notarial acts Charles A. Perry, alias Thornton, Notarial acts E. A. Alexander, Notarial acts of G. C. Wright, Notarial acts W. H. Manning, Notarial acts Edward T. Edgington, Laying out Grove City, Notarial acts John H. Brown, Acts D. D. Chase, District Attorney, Notarial acts Wm. L. Wood, Notarial acts E. K. Hart, Notarial acts James N. Miles, t Seth Anderson’s acts as County Judge, Notarial acts Joseph G. Tanner, Notarial acts Delos Arnold, Notarial acts John C. Turk, Notarial acts C. H. Toll, Notarial acts George W. Clark, Judgments of 5th and 11th Judicial Districts, Acts of Burkholder as Clerk District Court, INDEX. 269 LEVEE–On Muscatine Island, Chap. 68, 7th Session, repealed 118 LICENSE—For sale of property by auctioneers, LIEN When taxes are upon real estate, Mechanic’s LIMITED PARTNERSHIPS–Sec. 1874, Revision of 1860 amended, LIQUORS– Intoxicating, sale of Confiscation of, revocation of permits to sell, Warrants to search for and seize, LIQUOR SELLERS– Liable for damages resulting from sale of liquor, Liable for the care of drunkard, LOAN–To Medical College at Keokuk, LOUIS CASE—Notarial acts legalized, MAIL ROUTES– Resolution to Congress, Des Moines to Council Bluffs, MANNING, WM. H.-Notarial acts legalized, MARSHALL–Town Plat, MATRIMONY--Divorced persons allowed the benefit of, MoGIREGOR COURT- Established, election of Judge, Jurisdiction, MEASURES.–[See Weights and Measures. MECHANIC'S LIEN–Failure to file claim does not defeat, MEDICAL COLLEGE–At Keokuk, loan to, MILEAGE– - Of Members General Assembly appropriation for MILES, JAMES N.—Notarial acts legalized, MILITIA—[See Volunteers and Soldiers.] General provisions, Who constitutes and who exempt, Governor designate companies to form Regiments, Duties of Adjutant General and Inspector General, Aids de camp, Rank of companies, Re organization, Officers to administer oath, Serve in but one company, Who shall command, Regulations, Drafting, - Distribution of arms, Ordering out, Training, 108 126 127 141 101 102 102 103 231 231 232 232 233 233 234 234 234 234 234 235 235 235 236 270 INDEX. MILITIA—Continued. Provisions for ordering out, 236 Drafting by lot, 236 Officer may be court-martialed, 236 Failure to appear when ordered out, 236 Civil authorities may call for aid, 237 Adjutant General’s Salary, 237 Quarter Master's Salary, 238 Pay Master abolished, 238 Surgeon General's salary, 238 MILLS COUNTY – Cancel indebtedness to swamp land fund, 91 MINORS– Guardians of, 29 And widows, support of, 22 MINTUN, JACOB-Authorized to sign judgments, 150 MORTGAGES-To secure school fund, 171 MUSCATINE ISLAND–Levee on, act repealed, 118 NAME– Of Town, Township or Village may be changed, 82 NEWSPAPERS– Register and Times, publication of laws in, take effect, 159 German, general laws published in, 165 Furnished General Assembly, appropriation for, 144, 147 Extra pay for publishing laws 8th Session, 149 NEWTON.—May dissolve acts of incorporation, 158 NOTICE BOOKS-Clerk not required to keep, 75 NIGHT WATCH AND JANITOR-Appropriation for, 153 NUIRSES - Employed for Iowa Regiments, 73 Employed for Army [Resolution], 243 OBSTRUCTIONS.–In Ditches and Drains prevented, 156 OFFICE—Disability to hold, 57 OFFICERS– Of Railroad Companies reside in Iowa, duties defined, 184 ORCHARDS—protected, stealing fruit punished, 134 ORGANIZATION.—Of Townships, 72 PARTNERSHIP- Limited, Section 1874, Revision of 1860 amended, 141 PASSES-For sick and wounded soldiers, 72 To soldiers, Governor and Adjutant General furnish, 253 PATENTS-For School Lands, 171 PAY-[..And see Salaries, - Of Boards of Supervisors, 68 Of Capt. James Morton and others, 23S PAYMASTER—Office abolished, Adjutant act as, 238 INDEX. PENITENTIARY – Warden purchase supplies, Physician of, duties defined, Physician of Salary, Warden have control of workshops, material, &c., Appropriation for salaries of officers, May acquire property sold upon execution, Appropriation, guards, library, books, shop, &c., Warden audit notes of lessees, PER DIEM- Of Members of General Assembly, appropriation for, PERRY, CHARLES A.— Alias Thornton, Notarial acts legalized, PHYSICIAN-Of Penitentiary, duties, Of Penitentiary, salary, PLANK ROADS—Repairing, &c., May be opened for travel free, PLATS—Town, vacation of, PLEADING—How filed, POCAHONTA'S COUNTY – Fix time of holding Court in, POLLS-In election precincts, POWERS OF ATTORNEY-Must be recorded, PRAIRIES-Fire upon, prevent spreading, PRESIDENT OF UNITED STATES.–Complimented, PRINCIPAL–Of Blind Asylum, Salary, Blind Asylum, contract for removal to Vinton, PROBATE RECORD–County Judge to keep, PROOF-Of written instruments, PROPERTY — - Sold under execution, State and Counties purchase, Stolen, buying, receiving or concealing punished, State and Counties may acquire, PROTECTION__ Of Fruit, Of School Fund, Of owners Treasurers’ certificate, PUBLICATION.— And distribution of Adjutant General's Report, And distribution of Acts present Session, And distribution of journal of Senate and House, Of Laws in Register and Times, take effect, - Of Laws in German newspapers, PUBLIC SQUARE-In Indianapolis, Mahaska County, QUARTER MASTER GENERAL–Pay of, º RAIL ROADS— * Duº and Sioux City Company release certain ân(1S, 52 62 63 '79 75 110 24 136 57 247 175 27.2 INDEX. RAIL ROADS—Continued. Connecting, regulate carrying freight, &c., Officers of reside in Iowa, duties defined, Officers report to Secretary of State, May have a transfer office in another State, Duties of Companies, Report to Legislature, Fix annual rates of fare and freights, Make cattle guards, Make crossings, Pay damages for neglect, Suit against, Liens against, Transport troops and government property, Furnish State Treasurer statement of receipts, &c., Selection of Swamp lands for, disclaimed by State, RANGERS, FRONTIER–Pay of, REAL ESTATE– State and Counties may acquire, When taxes become a lien upon, RECORD– In Appanoose county, re-index, Of powers of Attorney required, Of conveyances in Lee County legalized, Of probate, County Judge to keep, RECORDER'S OFFICE—In Lee County, record legalized REDEMPTION-Of property from sale for taxes, REGIMENTAL FLAGS- Governor and Adjutant General procure, REGISTER OF STATE LAND OFFICE— Correct errors on his records, Salary and fund, appropriation for, Notify Governor of receipt swamp land Scrip, Swamp Land Agent make return to, Obtain patent 1or swamp land, And Governor fix bond of swamp land agents, Notify State Treasurer, relative to swamp land fund, REGISTRY-Of Dogs, - RE-ISSUE-Of war and defense fund warrants, RELIEF— Of sick and wounded soldiers, Of Willis Clemens and others, Of Reuben II. Webster and others, Of divorced persons, Of Volunteers, continuance of action, Of Jacob Mintun, sign judgments, Of Amity College, Of widow Ketterer and children, 183 184 185 186 99 125 150 159 172 INDEX. 273 RELIEF—Continued: Of troops in Missouri, by Adjutant General, Of inveigled troops in Missouri, RELINQUISHMENT— Of an escheat to Ketterer’s]heirs, Of lands by Dubuque and Sioux City Railroad Co. Of an escheat, lands in Webster County, Of an escheat, Theodore Effey, RE-LOCATION.—Of County Seats, REMOVAL–Of Blind Asylum to Winton, RENT— Of Capital, º; Of Blind and Deaf and Dumb Asylum Buildings REPORTS - Clerk District Court and Justices to Board Supervisors, Of Adjutant General, publication and distribution, Of Railroad Companies to Secretary of State, Of Railroad Companies to Legislature, Of Adjutant General, the 1,000 copies distributed, Supreme Court, appropriated by General Assembly, REPRESENTATIVE DISTRIOTS State apportioned into, RESOLUTIONS.–[See Joint Resolutions.] REVENUE–[And see Taa..] Federal, State assumes collection, Payable in bank bills and treasury notes, For road purposes, General provisions, Chap. 45 Revision amended, Federal tax levied by Board Supervisors, Duties of assessors and compensation, Classification of property by Board Supervisors, Auditor furnish forms, Taxes on homestead, Treas’r's sale for delinquent taxes, Redemption from sale, Railroads furnish sworn statement to State Treas., State Treas. levy on receipts of Railroads, Co. Treas. collect by distress and sale, Penalty on delinquent tax, REWARD–For taking up strays, ROADS AND HIGHWAYS Location of road by Tolman and others legalized, Making and repairing, Supervisor put up guide boards, Road orders to pay expenses, Road tax levied, - Suit to collect delinquent road tax, e Damages in locating, Sec. 843 Rev. 1860 amended, 244 242 172 177 111 61 195 154 176 31 116 185 197 242 254 199 192 223 223 224 224 225 225 225 226 227 227 227 228 115 11 106 107 107 107 10S 162 35 274 INDEX. ROADS AND HIGHWAYS-Continued. Trustees levy tax for, Supervisor post notices of tax assessed, Supervisor cause road tax to be worked out, Money tax expended for, ROMAN CATHOLIO CLERGYMAN — For Iowa Regiments, SALARY – Of State and other officers, appropriation, Paid monthly, Of Principal and Matron of D. & D. and Blind Asy- lums, Of Adjt. General and his Clerks, Of Quarter Master General, Of Surgeon General, SALE– For delinquent taxes, Of property by auctioneers, license for, Or levy, property of volunteers exempt from, Of town lots by Seth Anderson legalized, Of school lands by Clerk D. C., For delinquent taxes, redemption, For delinquent taxes, SALINE LANDS— Time extended to prove up and purchase, SCHOOLS - Acts relating to amended and consolidated, District meetings, Board of Directors, President, Secretary and Treasurer of B'd Directors Sub-Director, Board Supervisors levy tax for, Duties of Clk. Board Supervisors relative to, County Treas, pay over School tax, Teachers, qualifications and duties, County Superintendent, General provisions relating to, Independent districts, Special provisions relating to, SCHOOL FUND– & Appropriation to pay interest on, Better protection of, Board Supervisors manage, Mortgages to Secure, SCHOOL HOUSE— Tax in Des Moines Co. legalized, Tax in Toledo, 192 192 193 193 247 151 154 175 237 238 23S 219 221 222 154 168 168 171 17 136 INDEX. - 275 SCHOOL LANDS— In Tama county, sale legalized, 38 Sale of by Clerk D. C., 170 SCHOOL LAWS_ Taking effect of postponed, 13 Amended and consolidated, 204 SCRIP-Swamp land, received and located, 187 SEARCH WARRANT—To search for and seize liquors, 103 SECRETARY OF BOARD EDUCATION.— Publish and distribute school laws 9th Session, &c., 13 Salary and Fund, 152 SECRETARY OF STATE– Notify Treasurers of suspension of Banks, 16 Contract for advertising stray lists, 113 Contract for advertising stray list, 114 Fill vacancy in office of printer, 114 Distribute Adjutant General's report, 117 Send slips of Chapter 113 to sheriffs, 129 Prepare laws for State Printer, 137 Index and distribute laws, 137 Compensation for preparing and distributing laws, 138 And Clerk Dist. Court sell laws, 13S Salary and Fund, appropriation, 151 Present Railroad reports to Legislature, 1S5 SECRETARY OF SENATE– And Clerk House, transcribe, index and distribute Journals, 14() SENATORIAL DISTRIOTS State apportionment, 118 SERVICE–By publication, 229 SETTLEMENT—Between State and Brown & Allender, 45 SHEEP— Diseased, importation and running at large prevented, 36 SHERIFF-Fees for taking convicts to i. 56 SOLDIERS–[and see Volunteers.] Sick and wounded, relief of, 7 Sick and wounded, passes for, 72 SPECIAL ELECTIONS-Canvass of votes at, 97 STATE– And Counties may acquire Real Estate, 33 Telinquishes title by escheat to Effey’s lands 61 And Counties acquire property, collect moneys, 180 Auditor's Report, 280–988 STATE BINDER—Bind laws 9th session, limit of time, 137 STATE BONDS-Appropriation to pay interest upon, 154 STATE LAND ofº *— Register (See Register State Land Office), Register correct errors in records, 58 276 INDEX. STATE PRINTER– Print laws 9th session, time limited, 137 Print Journals, Senate and House, 140 STATE TREASURER— Receive and pay out Bank Notes and Treasury Notes, 16 Give additional bond, 19 Receive and pay over Swamp Land Fund, 188 Notify Clerk of Board of Supervisors, 188 Swamp Land fund deposited with, 189 Levy and collect tax on Railroads, 227 STATE WARRANTS_(See Warrants), STOCK– Unlawful driving away punished, 35 Running at large of diseased sheep prevented, 36 STOLEN PROPERTY Buying, receiving, or concealing punished, 135 SUPREME COURT REPORTS_ Appropriated by General Assembly, 254 SURGEONS– Assistant, appointed for Regiments, 243 Military, additional appointed, 73 SW AMP LANDS AND EVUNDS— Counties may dispose of lands for improvements, 78 Mills County, cancel indebtedness to fund, 91 Agents to settle with Commissioner General Land Office, 186 Scrip deposited with Register State Land Office, 187 Scrip transferred to agent to locate, 187 Patent obtained, 187 When patent is received Governor deed to counties, 188 State Treasurer receive and pay over funds to counties, 188 Compensation of agents, 189 Special County Agent appointed, 189 Lands selected for Railroads, selection disclaimed, 248 SUITS– Against Counties, 100 Against Railroads, 198 SUPERINTENDENT WHEIGHTS AND MEASURES.– Salary of, 153 SUPERVISOR OF ROADS– l Put up guide boards, 107 |Post notice of amount of tax, 192 Cause tax to be worked out, 193 TAMA COUNTY –School lands, sale of legalized, 38 TANNER, JOSEPH G.—Acts as Justice of Peace legalized, 150 TAXES--(And see /ēevenue.) Federal, State assumes collection of, 1 Payable in Bank and Treasury notes, 15 School House, Des Moines County, legalized, 17 INDEX. - 277 TAXES-Continued. Federal, levy and collection of, 17 Federal, delinquent, collection of, 19 Federal, Census Board fix per centum, 20 Payable in War and Defense Fund Warrants, 21 On certain Webster County lands, apportioned, 25 Not assessed on grounds Agricultural Societies, 32 On dogs, 76 On dogs, go to school fund, 77 When they become a lien upon real estate, 126 School house in Toledo, - 136 Road, Trustees to levy, 192 Road, Supervisor to post notices of amount, 192 Road, to be worked out, 193 Money tax expended for road purposes, 193 Levied for school purposes by Directors, 207–210 County Treasurer to pay over to School districts, 216 Board of Supervisors levy for schools, 212 Levied to pay interest on School Fund Loan, 220 Federal, levy of 223 On homestead, 225 Sale of real property for delinquent, 225 Redemption from sale, 226 State Treasurer levy and collect on rail roads, 227 Delinquent collected by distress and sale, 227 Penalty collected on delinquent, 228 TEACHERS– In Blind and Deaf and Dumb Asylums, pay of 175 School employed, duties, 216 Examination of, 217 THOMPSON, JOHN W.—Notarial acts legalized, 9 TOLEDO-Vote school house tax, 136 TOLEMAN–And others, Road Commissioners, acts legalized, 11 TOLL, C. H.-Notarial acts legalized, 163 TOWNS Unincorporated, additions to, 32 Townships and villages, change name, 82 TOWNSHIPS– Divided into election precincts, 23 Organization of, 72 Towns and villages, change name, S2 Trustees of levy tax to pay for guide boards, 107 Trustees of, levy road tax, 192 Trustees of, divide new townships, 204 Assessor, election, duties, compensation, 224 Assessor make a note of road and sub-district, 226 TOWNSHIP CLERK— Notify Township officers of election, 9S 278 ~ INDEX. TOWNSHIP CLERK–Continued. Compensation, 99 Make tax list for road districts, 107 TOWN PLATS-Vacation of, 79 TRANSCRIBING—Of Journals 9th Session, 140 TRANSLATION__ Of Governor's Message, 148–149 Of Laws in German, by Jaeger, 165 TREASURER— Of State (See State Treasurer,) Of County (See County Treasurer,) TREASURY NOTES-And Bank Notes receivable for taxes, 16 TRESPASS Or waste on lands held by tax title, 179 Upon orchards, punished, 135 TROOPS–(See Volunteers, also Militia,) TROUT-Preservation of, 5 TRUSTEES Township, levy tax to pay for guide boards, 107 Of Blind Asylum, Board constituted, 190 Township, levy road tax, 192 Of Insane Hospital appointed, 248 Of Agricultural College appointed, 252 TURK JOHN C.—Notarial acts legalized, 162 TUTTLE, COLONEL J. M.–Promotion, (resolution,) 251 UNINCORPORATED TOWNS.–Additions to, 32 UNITED STATES COURT Decrees and judgments of filed in the Recorder's office, 179 UNIVERSITY –Land Grant, Governor to secure remainder, 139 VACATION.—Of town plats, 79 VENUE–Change of from Justices’ Court, 34 WILLAGES-Towns and Townships, change name, 82 VOLUNTEERS–ſand see Soldiers.] Sick and wounded, relief of, 7 telief of, Continuance of action, 125 Property of exempt from levy or sale, 128 Complimentary to, 241 Iowa, in Missouri, Adjt. Gen. to relieve, 24.2 At Fort Donelson battle, complimented, 243 Inveigled to Missouri, relief of, 244 Passes furnished to by Governor or Adjt. General, 253 VOTES-Cast at special election, canvass of, 97 WARDEN OF PENITENTIARY__ Have control of workshops, material, &c., 133 And Deputy, appropriation for salaries, 153 Draw orders to pay indebtedness, 191 Audit lessees’ notes, 191 INDEX. 279 WAREHOUSEMEN__ Wharfingers and others, fraud prevented, WARRANTS- War and defense fund, received for taxes, War and defense fund, re-issue, To search and seize liquors, Counties may fund outstanding, WASTE–Or trespass on lands held by tax title, WEBSTER COUNTY Lands and town lots, tax on to be apportioned, Lands, State relinquishes title by escheat, WEBSTER REUBEN H.—And others, relief of, WEIGHTS AND MEASURES Standards established, Office of Superintendent created, State standards kept at Iowa City, County standards, County sealer, City sealer, Not agreeing with standards, penalty for using, WIDOW. And minor children, support of, Ketterer and children, relief of, Homestead of, WIFE AND HUSBAND–Rights in dower equal, WITNESS FEES–Losing party pay, WOOD, WM. L.-Notarial acts legalized, WRIGHT, G. C.—Notarial acts legalized, WRITTEN INSTRUMENTS_Proof of, STATE OF IOW.A–SS. I, ELIJAH SELLS, Secretary of State, of the State of Iowa, hereby certify that the foregoing Acts and Resolutions are truly copied from the original rolls on file in my office. ~ IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed | L. S }* Great Seal of the State of Iowa. * nº º Done at Des Moines, this 29th day of May, A. D. 1862. \-y-> ELIJAH SELLS, Secretary of State. OFFICE OF AUDITOR OF STATE, DES MoDNES, Iowa, MAY 23, 1862. HoN. ELIJAH SELLs, Secretary of State: Dear Sir:-In pursuance of section eighteen, of article third, of the Constitution of Iowa, herewith find for pnblication with the Laws of the Ninth General Assembly, a statement of the Receipts and Expenditures for the two fiscal years, commencing November 7th, 1859, and ending November 3d, 1861, inclusive. Very Respectfully, J. W. CATTELL, Auditor of State. AUDITOR'S REPORT. 281 FIRST RECEIPTS AND DISBURSEMENTS OF REVENUE. 1859. Nov. 1860. March March March March March March June June June June June June Sept. Sept. Sept. Sept. Sept. Sept. Nov. Now, Nov. Nov. ;4: 7|Balance in the Treasury this date 3 :3: 5: To amount received during quar- ter ending this day. . . . . . . . CONTRA. 5|By Auditor's Warrants redeemed By Interest allowed on the same By School Fund apportionment Warrants redeemed. . . . . . . To balance brought forward. ... To amount received during quar- ter ending this day. . . . . . . . CONTRA. By Auditor's Warrants redeemed By Interest allowed on same. . . . By School Fund apportionment Warrants redeemed. . . . . . . To balance brought forward . . . . To amount received during quar- ter ending this day. . . . . . . . CONTRA. By Auditor's Warrants redeemed By Interest allowed on same. . . . By School Fund apportionment Warrants redeemed . . . . . . . $25,680 º 75,196 41 69,798 87 87 82 2,791 51 $100,827 15 28,148 95 100,827 15 28,148 95 119,244 14 79,012 41 14S 97 12,802 38 55,429 33 147,393 09 147,393 09 55,429 33 40,649 12 55,746 85 1,963 68 11,491 05 26,876 87 96,07845 96,078 45 To balance brought forward . . . . To amount rec'd, during quarter OONTRA. By Auditor's Warrants redeemed By Interest allowed on same. . . . By School Fund apportionment Warrants redeemed. . . . . . . 26,876 87 41,10789 Nov. 28,702 27 120 61 6,954 73 32,207 15 67,984 76 36 AUDITOR'S REPORT. RECEIPTS AND DISBURSEMENTS_CONTINUED. Nov. 5|To balance brought forward . . . . . $32,207 15 1861. Jan. 7 To amount received to this date 69,556 32|$101,763.47 CONTRA. Jan. 7|By Auditor's Warrants redeemed 62,444 60 Jan, 7|By Interest allowed on same. . . . 272 54. Jan. 7|By School Fund apportionment Warrants redeemed . . . . . . 4,681 40 Jan. 7|By balance to next quarter. . . . . 34,364.93| 101,763.47 Jan. 7 To balance brought forward . . . . 34,364 93 March 4|To amount received to this date 61,537 68 95,902 61 CONTRA. March 4By Auditor's Warrants redeemed 41,086 34 March 4By Interest allowed on same. . . . 526 56 March 4By School Fund apportionment Warrants redeemed . . . . . . . 13,890 69 March 4By balance to next quarter. . . . . 40,399 02 95.902 61 March 4|To balance brought forward . . . . . 40,399.02 June 3|To amount rec’d. during quarter 105,23991. 145,63893 CONTRA. June 3|By Auditor's Warrants redeemed 86,263 58 June 3|By Interest allowed on same. . . . . 2,173 61 June 3|By School, Fund Warrants re- deemed. . . . . . . . . . . . . . . . . . 3,505 74 June 3! By balance to next quarter. . . . . 53,696 00. 145,63893 June 3 To balance brought forward . . . . 53,696 00 Sept. 2 To amount rec'd, during quarter 49,40371 103,099 71 CONTRA. Sept. 2By Auditor's Warrants redeemed 74,557 81 Sept. 2By Interest allowed on same. ... 1,51309 Sept. 2By School Fund Warrants re- deemed. . . . . . . . . . . . . . . . . . 389 22 Sept. 2By balance to next quarter. . . . . 26,639 59 103,099.71 Sept. 2 To balance brought forward . . . . 26,68959 Nov. 4|To amount received during the Quarter . . . . . . . . . . . . . . . . . . 16,824 73| 43,464.32 OONTRA. Nov. 4By Auditor's Warrants redeemed 15,293 32 Nov. 4|By Interest allowed on the same 13187| 15,425 19 Leaving balance in the Treasury 28,08913 lºw- AUDITOR'S REPORT. 283 RECEIPTS AND DISBURSEMENTS_CONTINUED. ×. REO APITULATION. * Balance in Treasury November 7, 1859. . . . $25,630 74 Amount of Receipts during the two years 578,759.915604,390.65 CONTR.A. Auditor’s Warrants redeemed . . . . . . . . . . . 512,906 05 School Fund apportionment Warrants re- deemed . . . . . . . . . . . . . . . . . . . . . . . . . . 56,506 72 Interest paid on redeemed Warrants . . . . . 6,938 75 576,351 52 Balance in the Treasury. . . . . . . . . . . . 28,039 13 -º- —-- SECOND —RECEIPTS AND DISBURSEMENTS OF SAT,INE FUND. 1S59. Nov. 1860. June 7|To balance in Treasury this date OONTRA. By amount paid H. W. Lathrop, Treasurer of State Univer- sity, under section 1957, of the Revision of 1860 6 tº e º e º 'º 2,423.85 2,423.85 THIRD–EXPENDITURES. Showing the amount of Warrants issued, and to what accounts charged ; and other Expenditures during the two fiscal years just past. For HAT PURPOSE APPROPRIATED Amount Ex- |* tºil Bal WHAT IPOS RIATEI). pended. #. alance pays to Governor’s Salary. . . . . . . . . . . $ 3,726 81|$ 612 09|Jan'y 1, 1862. Secretary of State's salary. ... 3,000 00 250 00|Jan'y 1, 1862. Auditor of State’s salary. . . . . 3,000 00 250 00|Jan'y 1, 1862. Treasurer of State's salary. . . . 3,000 00 250 00|Jan'y 1, 1862. Register of State Land Office, salary . . . . . . . . . . . . . . . . . . . 3,000 00 250 00|Jan'y 1, 1862. Sec. of Bd. of Education, salary 3,028 32 315 35|Jan'y 1, 1862. Supreme Judge's salaries. . . . . 11,887 88 1,439 12|Jan'y 1, 1862. Attorney General's salary. . . . 2,084 90 12344|Dec. 11, 1861. Sec. Ag. Col. and Farm, salary 2,000 03 416 65|March 22, 1862 Librarian’s salary . . . . . . . . . . . 50 00 Penitentiary Warden's salary, 2,000 00 250 00|Jan'y 1, 1862. Penitentiary Dep. Warden, sal. 1,527 50 187 50|Jan'y 1, 1862. AUDITOR'S REPORT. EXPENDITURES.–CONTINUED. FOR WHAT PUREos E APPROPRIATED. Aº ºx *::::::: Balance pays to Penitentiary Clerk’s salary. . . $ 1,437 50|$ 187 50|Jan'y 1, 1862. Penitentiary Chaplain's salary 858 33 216 67|March 25, 1862 Com’r of Emigration's salary. 1,800 00 600 00|May 1, 1862. Commissioner of Emigration for publication... . . . . . . . . . . 500 00 500 00|May 1, 1862. Commissioner of Emigration for office rent. . . . . . . . . . . . • 875 00 225 00|May 1, 1862. District Judges' Salaries : e First Judicial District. . . . . . 3,333 00 267 00|Jan'y 1, 1862. Second Judicial District. . . . 3,200 00 400 00|Jan'y 1, 1892. Third Judicial District. . . . . 3,200 00 400 00 1, 1862 Fourth Judicial District. ... 3,333 00 267 00|Jan'y 1, 1862. Fifth Judicial District . . . . . 3,200 34 267 00|Jan'y 1, 1862. Sixth Judicial District . . . . . 2,936 33 666 67 5, 1862. Seventh Judicial District...] 3,200 00 400 00 1, 1862. Eighth Judicial District....] 3,200 00 400 00 1, 1862. Ninth Judicial District. . . . . 3,200 00 800 00 1, 1862. Tenth Judicial District. . . . . 2,800 00 800 00 1, 1862. Eleventh Judicial District...] 3,166 00 300 67 1, 1862. Dist. Attorney’s Salaries : First District. . . . . . . . . . . . . 1,665 25, 134 75 1, 1862. Second District. . . . . . . . . . . 1,800 00 200 00 1, 1862. Third District . . . . . . . . . . . 1,600 00 200 00|Jan'y 1, 1862. Fourth District. . . . . . . . . . . 1,666 00. 134 00|Jan'y 1, 1862. Fifth District. . . . . . . . . . . . . 1,600 00 200 00|Jan'y 1, 1862. Sixth District. . . . . . . . . . . . . 1,600 00 200 00|Jan'y 1, 1862. Seventh District . . . . . . . . . . 1,666 00. 134 00:Jan'y 1, 1862. Eighth District . . . . . . . . . . . 1,666 01. 134 00|Jan’y 1, 1862. Ninth District . . . . . . . . . . . . 1,600 00 400 00|Jan'y 1, 186 Tenth District. . . . . . . . . . . . 1,400 00 400 00|Jan'y 1, 1862. Eleventh District . . . . . . . . . 1,600 00 200 00|Jan'y 1, 1862 Governor's contingent fund . . 1,600 00 100 00 Extraordinary expenses of Ex- ecutive Department . . . . . . . 8,770 63| 1,229 37 Sec. of State's contingent fund 2,203 23, 208 30 Auditor of State's contin. fund 1,719 00. 470 67 Treasurer of State's cont. fundi 1,200 00 100 00 Register of State Land Office's - contingent fund. . . . . . . . . . . 1,498 40. 627 23 Secretary Agricultural College and Farm’s contingent fund. 1,620 89 575 º Adj. General's contngent fund 40000 AUDITOR'S REPORT. 285 EXPENEDITURES.–CONTINUED. Appropriat- FOR w HAT PURPOSE APPROPRIATED. Expended ed and un- | drawn. Supreme Court contingent fund. . . . . . . . . . . . $ 3,514 435 1032 Attorney General's contingent fund . . . . . . . . 1,138 25, 182 50 Secretary of Board of Education contin. fund 1,800 00 Janitor's Wages. . . . . . . . . . . . . . . . . . . . . . . . . . 1,020 75 7925 Night Watchman . . . . . . . . . . . . . . . . . . . . . . . . 334 00 166 00 Penitentiary, general support. . . . . . . . . . . . . . 16,918 4618,081 54 Penitentiary, guard’s pay . . . . . . . . . . . . . . . . . . 8,846 53 6,153,47 Penitentiary, past indebtedness. . . . . . . . . . . . . 38,500 00 Penitentiary, for safe . . . . . . . . . . . . . . . . . . . . . 300 00 Penitentiary, walls and cells. . . . . . . . . . . . . . . 6,970 03 Penitentiary, inspector's salaries . . . . . . . . . . . 406 75 Agricultural Societies. . . . . . . . . . . . . . . . 18,066 7S Agricultural College and Farm. . . . . . . . . . . . . 3,934 21 Hospital for Insane, Trustees’ expenses. . . . . . 904 60 Hospital for Insane, building . . . . . . . . . . . . . . . 62,119 6516,180 96 IIospital for Insane, furnishing, &c. . . . . . . . . . S,000 00 IIospital for Insane, deficiencies. . . . . . . . . . . . 5,686 27 Hospital for Insane, amts. due from counties. 5,664 70. 644 S8 Institution for Deaf and Dumb. . . . . . . . . . . . . 15,000 00 Institution for Blind, at Iowa City . . . . . . . . . . 13,825 00 Institution for Blind, at Winton . . . . . . . . . . . . 10,797 75 Swamp Lands . . . . . . . . . . . . . . . . . . . . . . . . . . 160 0() 173 ()0 State Binding. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,400 S6 State Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,755 41 Geological Survey. . . . . . . . . . . . . . . . . . . . . . . . 2,417 42 Iowa Reports, W. P. Clarke. . . . . . . . . . . . . . . 4,000 00 Iowa Reports, T. F. Withrow. . . . . . . . . . . . . . 5,412 00 Iowa Reports, Reporter's expenses . . . . . . . . . 261 40 Publishing Laws in newspapers . . . . . . . . . . . . 1,637 75 Census of 1859 . . . . . . . . . . . . . . . . . . . . . . . 152 50 4,3S1 30 Interest on State Bonds. . . . . . . . . . . . . . . . . . . 54,197 17:19,134 09 Legislative expenses. . . . . . . . . . . . . . . . . . . . . . 41 62 State Bank Commissioners' expenses . . . . . . . 1,271 60 Commissioners of Revision . . . . . . . . . . . . . . . . S,306 00 Commissioners to examine State Offices . . . . . 73S ()() Stationery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11,741 35 Eighth General Assembly . . . . . . . . . . . . . . . . . 64,157 74 Eighth General Assembly, special session. . . . 16,043 76 Board of Education . . . . . . . . . . . . . . . . . . . . . . 1,762 3S 2,602 OS State Warehouse. . . . . . . . . . . . . . . . . . . . . . . . . 3,419 50 80 50 Special Appropriations. . . . . . . . . . . . . . . . . . . . S,907 SO Distribution of Laws . . . . . . . . . . . . . . . . . . . . . 1,800 00 286 AUDITOR'S REPORT. EXPENDITURES.–CoNTINUED. Appropriat- For WHAT PURPos E APPROPRIATHD. Expended º and un- Revision of 1860, publication . . . . . . . . . . . . . . $19,500 00$ Teachers' Institutes. . . . . . . . . . . . . . . . . . . . . . . 3,400 00 Spirit Lake Expedition. . . . . . . . . . . . . . . . . . . . 1,239 50 1,760 50 Army of protection for North-Western Iowa. . 34 75|| 465 25 Election Returns, Presidential election . . . . . . 1,612 96 Capitol building repairs . . . . . . . . . . . . . . . . . . . 508 72| 291 28 General Contingent Fund— For postage . . . . . . . . . . . . . i e º e º e e e º e º e º e º e 1,846 37 For fuel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,169 77 For arrest of fugitives from justice. . . . . . . . . . 594 60 For abstracts of lands entered. . . . . . . . . . . . . . 152 03 For rent for warehouse. . . . . . . . . . . . . . . . . . . . 165 00 For furniture, repairs, etc., in State Offices and Halls . . . . . . . . . . . . . . . . . . . -e e º e < * * * * e º e º 'º 705 68 For auditing Penitentiary debts . . . . . . . . . . . . 236 50 For compiling and distributing Town. Laws. . 1,700 00 For improvements on State grounds. . . . . . . . . 638 80 For attorney’s fees and expenses in State cases 858 53 For repairs on State-house roof, cupola, etc . . 1,16897 For Sundry miscellaneous bills . . . . . . . . . . . . . 389 35| 5,142 69 Mileage paid by warrants issued. . . . . . . . . . . . 1,239 60 Total amount of warrants issued. . . . . . . . . . . . 586,913 90 Add interest paid on warrants redeemed. . . . . 6,938 75 Add mileage to Co. Treasurers by certificates 5,087 09 Also commisssion to banks forwarding revenue 885 45 Total Expenditures. . . . . . . . . . . . . . . . . . . . . FourTII—WARRANTS. 599,825 19 *- Amount of warrants outstanding Nov. 7, 1859 {{ issued during the two years, Total, Deduct amount redeemed, * * * * * * * g º & ſº º 'º tº º º º Leaves now outstanding, 3. s e s sº e º & * * * * * * * * • * a e º e s a e º 'º e s - e. e. e. e. e. e. e. e. e. e. e. e. e. e. a * e - tº e < * * • * * * * * * * * * * * * e tº € º e º 9 § 29,637; 586,913 90 *- 616,551 12 512,906 05 $103,645 07 AUDITOR'S REPORT. - 287 FIFTH-RESOURCES. Balance of Revenue in the State Treasury, . . . . . . . . . . $ 28,039 13 46 in banks in course of payment, . . . . . . . . . . . . . 9,944 84 { % due from counties, . . . . . . . . . . $392,349 21 Less 20 per cent. estimated unavailable, | 78,469 84 | 313,879 37 Tax of 1861 reckoned on the valuation, . . . . . . . . . . . . . 354,901 92 Probable tax of 1862 at 2 mills, . . . . . . . . . . . . . . . . . . . . 350,000 00 Total, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,056,765 26 The above amount is deducted from the aggregate of balances due from the counties upon the supposition that a large portion of the unavailable tax is not promptly reported to this office. The reports received show the additions to revenue greater than the losses thereto, or deductions therefrom, as appears by the following Statement : ADDITIONS TO REVENUE. Interest on delinquent taxes, . . . . . . . . . . . . . $56,513 19 Additional assessments, . . . . . . . . . . . . . . . . . . 4,121 5S Amount received for peddlers' licenses, . . . . 405 07 Amount received from sale of laws, . . . . . . . . 2,594 75 Total, . . . . . . . . . . . . . . . . . . . . . . . . . . $63,634 59 DEORE ASE OF REVENUE. Interest paid on Auditor's warrants, . . . . . . . 6,938 75 Taxes certified as double and erroneous, and unavailable, . . . . . . . . . . . . . . . . . . . . . . . . . . 17,576 91 24,515 66 Balance in favor of revenue, . . . . . . . . $39,11893 SIXTH STATE INDEBTED NESS. The State has borrowed of the Permanent School Fund the fol- lowing sums to-wit : On bonds payable May 1, 1854, (Chap. 58, Acts 1849,) $16,442 05 On bonds payable Sep. 15, 1859, (Chap. 70, Acts 1849,) 6,000 00 On bonds payable Jan. 1, 1856, (Chap. 51, Acts 1851,) 2,353 70 On bonds payable July 15, 1861, (Res. 9, Ex. Ses. 1856,) 40,000 00 And am’t bor'wed Jan. 1, 1857, (Chap. 3, acts 1856–7,) 57,500 00 Total amount of School Fund borrowed,. . . . . . $122,295 75 288 AUDITOR'S REPORT. STATE INDEBTEDNESS—CONTINUED. Iowa 7 percent. bonds payable in New York Jan. 1, 1868, issued under chap. 7, acts of 1858, . . . . . . . . . . 200,000 00 Making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322,295 75 To which add am’t of bonds sold under Chap. 16, acts of extra session 1861, for War and Defense Fund,'... 86,900 00 *=- Making total bonded debt, . . . . . . . . . . . . . . . . . . $409,195 75 Seventh–RECEIPTS AND DISBURSEMENTS OF WAR AND DEFENSE FUNI). The receipts have been as follows: 1861. July 31. Rec’d from sale of State bonds, ... $ 16,500 00 Aug. 2. “ { % { { ... 20,332 (0 Aug. 24. “ { % ( { ... 19,504 00 Sept. 2. “ ( 4 { % ... 3,496 ()0 Oct. 3. “ {{ {{ ... 12,144 00 Oct. 12. “ of the United States, . . . . . . 80,000 00 Oct. 23. “ from sale of State bonds, .. 6,992 00 Nov. 2. “ { % { % . . 2,300 00 $161,268 00 DTSBURSEMENTS. Sept 2. For redemption of warrants, . . . . . $ 36,802 03 Sept. 2 For interest paid on the same, . . . . S 46 Nov. 4. For redemption of warrants, . . . . . 99,015 09 Nov. 4. For interest paid on the same, . . . . S12 49 136,638 07 Leaving balance of fund in the Treas’y, $24,629 93 EIGITIL WAR AND DEFENSE WARRANTS. Nov. 4. An’t issued to date, . . . . . . . . . . . . . $233,568 43 Nov. 4. “ redeemed by State Treas’r. . 135,817 12 Leaves outstanding Nov. 4, 1861,. . . . . $ 97,751 31 tly, is y. of Mic”. Jun 16 1908 ſiliſiii. 3 9015 O6512 1769