ber in each year, to report to the secretary of state, the number of convictions in his court for all crimes and misdemeanors. SEC. 2. Report. That said report shall show the character of the crime or offense, the sentence of each convict, his occupation, whether he can read and write, and his general habits, and also the expenses of the county for criminal prosecutions. SEC. 3. Duty of secretary. That it shall be the duty of the secretary of state, at every regular session of the general assembly, (and annually if required by either house,) to report to the general assembly an abstract of the returns received each year, from the clerks of the district courts, which abstract shall embrace all the facts contained in said returns. SEC. 4. Failure to comply-fine-evidence. That any clerk of the district court, who shall fail to comply with the requisitions of this law, shall be subject to a fine of ten dollars, to be collected in the name of the state, by the prosecuting attorney of the county in which the clerk may reside, and the certificate of the secretary of state, under the seal of the state, that no report as provided for in this act, has been received at his office, shall be received as evidence on the trial of the cause. SEC. 5. Neglect of secretary-evidence. That if the secretary of state neglect or refuse to comply with the provisions of this act, he shall be liable to a penalty of fifty dollars, to be collected in the name of the state, by the prosecuting attorney of the county in which said officer resides; and the official certificate of the chief clerks of the two houses of the general assembly, [123] that no report, as required by this act, has been made by said officer to either branch of the general assembly, shall be received in evidence on the trial of the cause. SEC. 6. Fines, etc., how appropriated-neglect of prosecutor. That all fines and penalties incurred and collected under the provisions of this act, shall be paid into the state treasury, and go into and become a part of the school fund, and any prosecuting attorney refusing or neglecting, for three months to pay over any fines or penalties so collected by him, shall be liable to be sued for the same by any person, in the name of the state, and be liable on his official bond. Approved, February 24th, 1847. CHAPTER 92. AN ACT to amend "An act to provide for the partition of real property," approved January 4th, 1839. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Real estate in more counties than one. That where the heirs or legal representatives of any deceased person have or shall hereafter inherit any real estate, and the same shall be situated in more counties than one, it shall and may be lawful for the district court of any county in which said land shall lie, to appoint commissioners to divide and allot all of said lands in this state among such claimants; and in making such partition, it shall and may be lawful for said commissioners to divide said estate by tracts, if said estate will admit of a division in that manner, or by dividing said tracts or parts thereof into smaller parcels, as shall seem right to said commissioners, and to make the division as nearly equal in value as may be, which partition and allotment shall be returned to the next term of the said court, and the like proceedings had thereon as in other cases under the provisions of the act to which this act is amendatory. SEC. 2. To take effect. This act shall take effect and be in force from and after its publication in the weekly newspapers published in this city. Approved, February 24th, 1847. Published in the Reporter Mar. 17th, 1847, and in the Standard Mar. 18th, 1847. [124] CHAPTER 93. JOHNSON COUNTY. AN ACT to repeal an act to authorize the appointment of a county agent in and for the county of Johnson. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Duty of commissioners' clerk. That the clerk of the county commissioners' court of the county of Johnson be, and he is hereby authorized to perform all the duties heretofore enjoined upon the county agent, and that he shall be allowed for such services such sum as the county commissioners may direct. SEC. 2. Repealing section. That "An act to authorize the appointment of a county agent in and for the county of Johnson," approved February 16th, 1842, be and the same is, hereby repealed. SEC. 3. Take effect. This act to take effect from and after its publication in the weekly newspapers printed in Iowa City. Approved, February 24th, 1847. Published in the Reporter March 24th, and in the Standard March 10th, 1847. CHAPTER 94. STATE ROAD. AN ACT to locate a state road therein named. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Commissioners-route of road. That Robert Walker of the county of Johnson, Horace H. Wilson of the county of Washington, and A. Carothers of the county of Muscatine, be, and they are hereby appointed commissioners to locate a state road from a point at or near the mouth of English river; thence easterly to the widow Sweets, in Johnson county; thence east to the farm of Samuel Nickols, on Wapsinonock; thence to intersect the Bloomington road at such point as, in the opinion of said commissioners, will be the most convenient for the community at large. SEC. 2. When to meet. Said commissioners, or a majority of them, shall meet at such time and place as they may agree upon, between the first days of May and August next, and proceed to locate said road as provided for by an act entitled "An act for laying out and opening territorial roads," approved Dec. 29, 1838. SEC. 3. When in force. This act shall be in force from and after its passage. Approved, February 24th, 1847. [125] CHAPTER 95. STATE ROAD. AN ACT to locate a state road therein named. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Commissioners-route of road. That Banks Winton and Adam Row, of Davis county, and James S. Parks, of Van Buren county, be, and they are, hereby appointed commissioners to locate and establish a state road, beginning at the town of Portland, in Van Buren county, and running from thence west on the open line dividing section twenty-six in township seventy north, in range eleven west, as near the said line as practicable, and to continue west to the open line dividing section twenty-five, of range twelve west, and from thence the nearest and best way to Bloomfield, the county seat of Davis county. SEC. 2. When to meet. Said commissioners, or a majority of them, shall meet at the town of Portland, in Van Buren county, on the first Monday of May next, or within thirty days thereafter, to discharge their duties. SEC. 3. Compensation. That if it shall appear to the county commissioners of Davis county that the said road is not of public utility, they shall not allow any compensation for establishing the same within such county. SEC. 4. Take effect. This act shall take effect and be in force from and after its passage. Approved, February 24th, 1847. CHAPTER 96. STATE ROAD. AN ACT to locate a state road therein named. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Commissioners-route of road. That H. H. Winchester, of the county of Johnson, Robert Hutchison, of the county of Iowa, and David Edmundson, of the county of Jasper, be, and they are hereby appointed commissioners, to lay out and establish a state road from Iowa City, via Marengo, in Iowa county, to the county seat of Jasper county. SEC. 2. When to meet. The said commissioners, or a majority of them, shall meet at Iowa City, in Johnson county, on the first day of May next, or within [126] ninety days thereafter, and proceed to discharge the duties enjoined upon them by this act. SEC. 3. How governed. Said commissioners, in discharging the duties herein enjoined, shall be governed by the provisions of "An act entitled an act to provide for laying out and opening territorial roads," approved December 29th, 1838. SEC. 4. To take effect. This act shall be in force from and after its passage. Approved, February 24th, 1847. CHAPTER 97. BOATS AND VESSELS. AN ACT to amend an act entitled "An act to provide for the collection of demands against boats and vessels," approved Dec. 20th, 1838. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Lien for wages-proviso. That hereafter the person or persons to whom any wages may become due for work done or services rendered, on any such boats or vessels as is [are] designated in the act to which this is amendatory, shall have a lien on the boat or vessel on which the work is done or services rendered, for the amount of their wages, and which lien shall not be divested by the attachment or seizure of said boat or vessel, on account of any other demand or cause of action: provided, that the person or persons in whose behalf said lien is intended to operate, shall, within twenty days. from the time of his or their release or discharge from rendering further services on said boat or vessel, commence an action for the recovery of the sum demanded, in the manner prescribed in the act to which this is amendatory. Approved, February 25th, 1847. CHAPTER 98. SALT SPRINGS. AN ACT in relation to the salt springs granted to this state. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Governor to select springs. That the governor is hereby authorized to select twelve salt springs within this state, and also six sections of land as contiguous as may be to each, in accordance with the act of congress of March 3rd, 1845, en-[127]-titled "An act supplemental to the act for the admission of Iowa and Florida into the Union." SEC. 2. Agent-compensation. For this purpose he may employ an agent, who shall be paid two dollars per day for every day he may be necessarily employed in the discharge of the duties required by this act. SEC. 3. As to lands. In making the selection, the quality and value of the land to be secured shall be taken into consideration, as well as the character of the salt springs themselves. SEC. 4. Where springs selected. The governor may, if he deem it expedient, make selections of salt springs in the unsurveyed portion of the state, leaving the land to be selected hereafter. SEC. 5. Governor to report. The governor shall report his selection to the proper department on or before the expiration of one year from the time of our admission into the union. SEC. 6. Take effect. This act shall be in force from and after the first day of April next, and shall forthwith be published in the weekly newspapers printed in Iowa City. Approved, February 24th, 1847. Published in the Standard April 21st, 1847, and in the Reporter May 5th, 1847. CHAPTER 99. COMMON SCHOOLS. AN ACT supplemental and amendatory to "An act to establish common schools," approved, January 16, 1840. Be it enacted by the Senate and House of Representatives [General Assembly] of the State of Iowa: SECTION 1. School districts. That every school district formed under “An act to establish common schools," approved January 16, 1840, or may be hereafter formed under the provisions of this act, is, and the same is hereby declared to be, a body politic, know by their corporate name of directors of school distric No.-, of township — of county; and the same may hold property, transfer the same, sue and be sued, and transact such other business as may be specified in this act. SEC. 2. Annual election for inspectors-who may vote-place of election. That there shall be annually, an election on the first Tuesday of April, in each school district, for the purpose of choosing three directors, who shall hold their office until their successors are elected. Any person who is a permanent resident in said district, shall be eligible to vote at said elections. If any district fail to elect on said day, they may elect at any future day, due notice having been given. Said election shall be holden at the district school house; and if any district [128] have no such house, then at some suitable place which shall be designated in the notice. SEC. 3. Duty of directors-duty of clerk. The directors have power, and it shall be their duty, to convene the district at their own instance, or at the written request of any three voters in the district, to appoint one of their body clerk and one a moderator. Said clerk shall keep a correct record of the proceedings of said directors, and make out and transmit their reports, and also a correct record of all the proceedings of said district when assembled. The moderator when present, shall preside at all the deliberations of the district meetings. SEC. 4. Subjects for consideration-moneys, how raised. That when the district is so assembled, these may be proper subjects for consideration: Shall we now build a house, or shall we rent?-and if the district decide to build, where shall said house be situate, and what description of house?-shall we now have a school taught, and for what term?-whether they will appropriate any of the available funds, and what amount, at this term?-whether the teacher shall be employed by the month or by the scholar?---together with all other necessary matters pertaining to the welfare of their school. And all moneys necessary for the erecting and furnishing school houses, shall be raised by voluntary subscription. SEC. 5. Duty of directors as to teachers, etc. That the directors shall employ a teacher, provide a suitable house and see that it is well supplied with books, fuel and stationery, assist the teacher in establishing and carrying out wholesome laws and regulations for said school, see that the teacher keeps an accurate list of all the time each pupil attends school and transmit the same to the township inspector, with every application for funds, together with all other matters which may strike them as relevant. SEC. 6. List of persons-schools to be open. That said directors shall annually take a list of all the persons in their district between the ages of five and twenty-one years, and transmit the same to the township inspector, on the first day of September. And further, they shall see, that whenever it is voted by |