SEC. 26. To sell lands-receiver and register-how governed. The board shall proceed to sell the lands donated for said improvement as fast as the funds shall be required, and as shall be permitted by the terms of said grant; and for the sale of said land, the treasurer shall be receiver, and the secretary shall be register, and the treasurer and secretary in the discharge of their duties as receiver and register shall be governed by the laws and rules prescribed by congress for the sale of lands in this state, so far as applicable under the restrictions of said grant and provisions of this law, subject to such restrictions as may be authorized by this act.

SEC. 27. Claim upon lands. Any person who, on the first day of January, 1847, was by the then existing laws of this state, entitled to a claim upon the lands in this act mentioned, or who shall at the time of entering the same be the owner of such claim, shall have the right to enter the same in legal subdivisions of not less than forty acres, unless it be a fractional quarter, at the price of one dollar and twenty-five cents per acre; and the provisions of the several preemption laws of congress, passed since [169] the first of June, 1838, and all the privileges and benefits thereby granted are extended to the settlers on said land, as far as the same are applicable, and the same rules and regulations shall be observed in the entry and sale of said lands by the board.

SEC. 28. Dams on unsold lands. In all cases when the dams in said river shall abut on lands not then sold, or on which there shall not be a legal preemption right, under the laws of the United States, the board shall select a tract of land not exceeding ten acres in extent and retain the same, in order to render the water power more valuable, or to be otherwise used for the benefit of the state.

SEC. 29. Rules of pre-emption-perjury. The treasurer and secretary shall establish rules for proof of pre-emptions under this act, as well as for fixing the time when such pre-emptions shall be proved up; and any person who, in making oaths or affirmations in accordance with such rules, shall swear falsely, shall be deemed guilty of perjury and punished accordingly. The said treasurer or secretary, or either of them, are hereby authorized to administer said oaths.

SEC. 30. Certificates of purchase-patents. At the time of the sale, the treasurer and secretary shall issue their certificates of the same to the respective purchasers, retaining duplicates thereof; patents shall thereupon issue, signed by the governor, subject to such regulations as may be prescribed by law.

SEC. 31. Board to keep books-fraud. The board shall keep books which shall show the amount of sales, and to whom; the amount and items of money received, and also of all payments made; and any intentional fraud or deception used in the keeping such books, or any other of the accounts or papers of the office, either by themselves or persons in their employment, shall subject the offenders to imprisonment in the penitentiary for a period not exceeding three years.

SEC. 32. Laws repealed. All laws giving power to the county commissioners of any county to authorize the building of dams across the Des Moines river, be, and the same are, hereby repealed, so far as the same applies to said river below the mouth of the Racoon river and no farther.

SEC. 33. Labor and materials. When it shall be compatible with the public interest and the vigorous prosecution of the work,. the board may, in payment of pre-emption rights, receive labor or materials, or other things deemed necessary; and for this purpose, may postpone the day of payment for pre-emptions for such a length of time as to the board may seem reasonable and proper under all the circumstances: provided, that nothing in this section contained shall in any manner change the mode of receiving proposals for said work or materials.

SEC. 34. Monthly estimates-payments. The board shall make an estimate monthly of the work as it progresses, and shall make payment for the same, which in no case [170] shall exceed eighty-five per cent. of the amount due for work done, until said work is completed.

SEC. 35. Should it be found impracticable, upon examination and survey, to improve the river in the manner herein contemplated, or if for any other reason the work cannot progress successfully, the board shall report that fact to the governor, and from that time their salaries and all further proceedings shall cease.

SEC. 36. Reserves proviso. The board may, in all sales of land under the provisions of this act, reserve to the state the right of using any stone which they may need during the progress of the work, for the construction of any part of the same, and also may reserve from sale such timber lots as they may deem necessary to furnish timber for locks and dams, or any purpose connected with the work: provided, that the authority in this section granted shall not extend to the reservation of lands upon which, at the time of the taking effect of this act, there shall be a valid pre-emption right under this act.

SEC. 37. To take effect. This act to take effect and be in force from and after its publication in the weekly newspapers of Iowa City.

Approved, February 24th, 1847.

Published in the Reporter March 3d, and in the Standard March 18th, 1847.

CHAPTER 114.

PRESIDENTIAL ELECTORS.

AN ACT to provide for the election of electors of president and vice president of the United States.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Election-who not eligible. That the qualified electors of this state shall, on Tuesday [next] after the first Monday in the month of November, Anno Domini, 1848, assemble in their respective townships, at the usual places designated for holding elections, and proceed to elect a number of elec tors of president and vice president of the United States, equal to the number of senators and representatives this state may be entitled to in the congress of the United States; which election shall commence and close at the same hours, and be conducted in the same manner, and of which the sheriffs of the respective counties shall give the same notice, as is or may be directed by law for electing members of the general assembly of the state; but no senator or representative in congress, or person holding an office of trust or profit under the United States, shall be eli-[171]-gible as an elector of president and vice president of the United States.

SEC. 2. Duty of judges-fine. That it shall be the duty of the judges of elections in each township, forthwith after the close of the elections, to seal up one of the poll books of the election, which shall be carried, within three days. after the day of election, to the sheriff of the proper county, who shall attend the three days next succeeding the election at the seat of justice of his county, for the purpose of receiving poll books as aforesaid; and if the judges of election, or any one of them, shall fail to carry the poll books as aforesaid, they shall forfeit and pay to the state the sum of five hundred dollars, to be recovered by an action of debt before any court having cognizance thereof.

SEC. 3. Oaths-duty of sheriff. That the sheriffs, upon receiving the poll books as aforesaid, shall administer an oath or affirmation to each judge who shall deliver said poll book, that he was a judge of said election, and shall endorse a certificate of having administered such oath or affirmation on the poll book or packet delivered to him, and shall moreover give the judge delivering the poll book a receipt for the same, which receipt the judges shall file with the clerk of the proper county; and the said sheriff, on the receipt of the poll books, shall deliver the same, or cause to be delivered, to the secretary of state at his office, within twelve days after the election, under the penalty of one thousand dollars, to be recovered as is provided in the second section of this act.

SEC. 4. Poll books how opened-duty of secretary-of governor-tie votes. That the said poll books, on the fourteenth day after the election, shall be opened by the secretary of state, in the presence of the governor and the aforesaid sheriffs, or such of them as choose to attend; the secretary shall cause the poll books, as they are opened, to be read aloud, and shall make out a fair abstract of the names of the persons voted for and the number of votes given to each, and the governor shall forthwith make out, for the persons having the greatest number of votes, certificates of their having been duly elected electors of president and vice president of the United States, and transmit, by special messenger, the proper certificate to each person so elected; and shall cause the election of electors to be published in the newspapers printed at the seat of government; but if more than the number of persons to be elected, have the greatest and an equal number of votes, then the election of those having such equal number of votes shall be determined by lot, to be drawn by the secretary of state in the presence of the governor and sheriffs aforesaid, the governor shall transmit the proper certificate and cause publication to be made as aforesaid, and the said poll books shall be kept in the secretary's office, subject to the inspection of any person who may choose to examine the same.

[172] SEC. 5. Electors when to meet. That the electors who shall be chosen as aforesaid shall, at twelve o'clock on the day which is or may be directed by the congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined upon them by the constitution and laws of the United States.

SEC. 6. Neglect of duty. That the several persons who shall be appointed to conduct the election of electors of president and vice president of the United States shall, for neglect of duty, or for improper conduct, be liable to the same penalties and forfeitures as are or may be provided by the law for regulating elections in this state.

SEC. 7. As to electors-absence. That each elector of president and vice president of the United States shall, before the hour of twelve o'clock on the day next preceding the day fixed by the law of congress to elect a president and vice president of the United States, give notice to the governor that he is at the seat of government and ready, at the proper time, to perform the duties of an elector; and the governor shall forthwith deliver to the electors present a certificate of all the names of the electors, and if on examination thereof it should be found that one or more of said electors are absent, and shall fail to appear before nine o'clock in the morning of the day of election of president and vice president as aforesaid, the electors then present shall immediately proceed to elect by ballot, in the presence of the governor, a person or persons to fill such vacancy or vacancies as may have occurred by this the non-attendance of one or more of the electors.

SEC. 8. Tie vote. That if more than the number of persons required to fill the vacancy or vacancies as aforesaid shall have the greatest and an equal number of votes, then the election of those having such equal and highest number of votes shall be determined by lot, to be drawn by the governor in the presence of the electors attending, otherwise he or they, to the number re

quired, having the greatest number of votes shall be considered elected to fill such vacancy or vacancies.

SEC. 9. Notice duty of electors. That immediately after such choice is made in the manner aforesaid, the name or names of the person or persons so chosen shall forthwith be certified to the governor, by the electors making such choice, and the governor shall cause immediate notice in writing to be given to each and every one of the electors chosen to fill such vacancy or vacancies as aforesaid, and the said person or persons so elected and notified, and not the person or persons in whose place he or they shall have been chosen, shall be electors, and shall meet the other electors at the same time and place, and then and there discharge all and singular the duties enjoined on him or them as electors aforesaid, by the constitution and laws of the United States and of this state.

[173] SEC. 10. Fees, etc. That the sheriffs of the different counties shall each receive for his services performed under this act, the following fees, to wit: for advertising the election of electors, the sum of fifty cents for each township within his county; for attending at the seat of justice to receive the township returns, the sum of two dollars; for delivering the poll books to the secretary of state at his office, the sum of two dollars for every twentyfive miles' travel to and from the seat of government, the distance to be estimated from their respective seats of justice, on the most usual route, to the seat of government; which fees shall be allowed by the auditor, on the certificate of the secretary of state, and paid by the treasurer of state.

SEC. 11. Fees of electors. That each and every elector who shall attend as an elector at the seat of government as aforesaid, shall be entitled to receive two dollars for each and every day's attendance, and two dollars for every twenty-five miles travel of the estimated distance, by the most usual route from his place of residence to the seat of government, and the like sum for returning; which sum shall be allowed by the auditor, on the certfiicate of the governor, and paid by the treasurer out of any moneys in the treasury not otherwise appropriated: provided, however, that when a member of the general assembly shall be appointed an elector he shall not be entitled to the compensation herein allowed.

SEC. 12. Judges and clerk's compensation. That the judges and clerks of the township elections held under this act, and the clerks of the different counties, shall be paid the like compensation, out of their respective county treas uries, and in like manner as they are entitled to for similar services under and by virtue of the existing election laws. Approved, February 24th, 1847.

CHAPTER 115.

PUBLIC BUILDINGS.

AN ACT making an appropriation for the public buildings at Iowa City.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Appropriation. That there is hereby appropriated towards the completion of the public buildings at Iowa City, the sum of twenty-five hundred dollars, to be paid out of any moneys in the treasury not otherwise appropriated.

SEC. 2. Superintendent. The said appropriation shall be expended under the superintendence of the treasurer of the state, who is hereby allowed the sum of two hundred dollars as compensation for said services.

[174] SEC. 3. How applied. That said money shall be applied in the manner best calculated to secure the said buildings and prevent their injury. Approved, February 25th, 1847.

CHAPTER 116.

DISTRICT COURTS.

AN ACT fixing the times of holding district courts in the first judicial district. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Time of courts. That from and after the first day of January, one thousand, eight hundred and forty-eight, the times of holding district courts in the several counties of the first judicial district of this state, shall be as follows:

Louisa county. In Louisa county, on the first Mondays in March and September;

Washington. In Washington county, on the second Mondays in March and September;

Henry. In Henry county, on the third Mondays in March and September; Des Moines. In Des Moines county, on the first Mondays in April and October;

Lee. In Lee county, on the first Monday in February, fourth Monday in May, and first Monday in November.

Approved, February 24th, 1847.

CHAPTER 117.
TOWNS.

AN ACT incorporating towns.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Petition-proviso. That whenever the inhabitants of any town wish to become incorporated for the better regulation of their internal police, it shall be lawful for the qualified voters who shall have resided six months therein to petition to the board of county commissioners in the county in which such town is situate to that effect: provided, such towns exceed in population five hundred inhabitants.

SEC. 2. Election-notice. When a majority of all the qualified voters who shall live within the limits of such proposed incorporation shall have signed said petition, and the same is presented to said board, they shall order an election to be held at the usual place of holding elections in said town, on some day within one month from that time, for the purpose of electing five trustees of such incorporation, of which said board shall [175] cause ten days' notice. to be given by written advertisements to be put up in three of the most public places in said town.

SEC. 3. Election. At the meeting of said qualified voters for the election of trustees, they shall first proceed to elect a chairman and a clerk of said meeting, who, after being duly qualified, shall proceed to open a poll and receive the legal votes of the town for five trustees; and, also "for incorporating" and "against incorporating" said town; and, if a majority of the votes