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4. Moneys appropriated. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in the proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the general assembly shall, from time to time, provide by law.

5. School lands—university. The general assembly shall take measures for the protection, improvement, or other disposition, of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this state, for the use of a university; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.

ARTICLE XI.

AMENDMENTS OF THE CONSTITUTION.

1. Amendments. If at any time, the general assembly shall think it necessary to revise or amend this constitution, they shall provide by law for a vote of the people for or against a convention, at the next ensuing election for members of the general assembly. In case a majority of the people vote in favor of a convention, said general assembly shall provide for an election of delegates to a convention, to be held within six months after the vote of the people in favor thereof.

ARTICLE XII.

MISCELLANEOUS.

1. Jurisdiction of justices. The jurisdiction of justices of the peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to any real estate may arise,) where the amount in controversy does not [15] exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding five hundred dollars.

2. New counties. No new county shall be laid off hereafter, nor old county reduced to less contents than four hundred and thirty-two square miles.

3. Settlers' claims. The general assembly shall not locate any of the public lands which have been or may be granted by congress to this state, and the location of which may be given to the general assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant, so exempted, shall not exceed three hundred and twenty acres.

ARTICLE XIII.

SCHEDULE. 1. Change of government. That no inconvenience may arise from the change of a territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, contracts, claims and rights shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this constitution, be issued under the authority of the territory of Iowa, shall be as valid as if issued in the name of the state.

2. Laws in force. All the laws now in force in this territory, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly of this state.

3. Fines, etc. All fines, penalties and forfeitures accruing to the territory of Iowa, shall accrue to the use of the state.

4. Bonds, prosecutions, etc. All recognizances heretofore taken, or which may hereafter be taken, before the organization of the judicial department under this constitution, shall remain valid, and shall pass to and may be prosecuted in the name of the state. And all bonds executed to the governor of this territory, or to any other officer in his official capacity, shall pass over to the governor of the state, or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which may have arisen, or may arise, before the organization of the judicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the state.

5. Officers. All officers, civil and military, now holding their offices and appointments in this territory, under the authority of the United States, or under the authority of this territory, shall continue to hold and [16] execute their respective offices and appointments, until superceded, under this constitution.

6. Election-returns. The first general election under this constitution shall be held at such time as the governor of the territory by proclamation may appoint, within three months after its adoption, for the election of a governor, two representatives in the congress of the United States, (unless congress shall provide for the election of one representative,) members of the general assembly, and one auditor, treasurer, and secretary of state. Said election shall be conducted in accordance with the existing laws of this territory; and said governor, representatives in the congress of the United States, auditor, treasurer and secretary of state, duly elected at said election, shall continue to discharge the duties of their respective offices for the time prescribed by this constitution, and until their successors are elected and qualified. The returns of said election shall be made in conformity to the existing laws of this territory.

7. Apportionment. Until the first enumeration of the inhabitants of this state, as directed by this constitution, the following shall be the apportionment of the general assembly:

The county of Lee shall be entitled to two senators and five representatives; The county of Van Buren, two senators and four representatives;

The counties of Davis and Appanoose, one senator and one representative, jointly;

The counties of Wapello and Monroe, one senator, jointly, and one representative, each;

The counties of Marion, Polk, Dallas and Jasper, one senator and two representatives, jointly;

The county of Des Moines, two senators and four representatives;
The county of Henry, one senator and three representatives;
The county of Jefferson, one senator and three representatives ;

The counties of Louisa and Washington, one senator, jointly, and one repre. senative, each;

The counties of Keokuk and Mahaska, one senator, jointly, and one representative, each;

The counties of Muscatine, Johnson and lowa, one senator and one representative, joirtly, and Muscatine, one representative, and Johnson and Iowa, one representative, jointly;

The counties of Scott and Clinton, one senator, jointly, and one representative, each;

The counties of Cedar, Linn and Benton, one senator, jointly; the [17] county of Cedar one representative, and the counties of Linn and Benton one representative, jointly;

The counties of Jackson and Jones, one senator and two representatives;

The counties of Dubuque, Delaware, Clayton, Fayette, Buchanan and Blackhawk, two senators and two representatives, jointly;

And any country attached to any county for judicial purposes shall, unless otherwise provided for, be considered as forming part of such county, for election purposes.

8. First meeting general assembly. The first meeting of the general assembly under this constitution shall be at such time as the governor of the territory may by proclamation appoint, within four months after its ratification by the people, at Iowa City, in Johnson county, which place shall be the seat of government of the state of Iowa until removed by law.

Done in convention, at Iowa City, this eighteenth day of May, in the year of

our Lord one thousand eight hundred and forty-six, and of the independence of the United States of America the seventieth.

L AWS

OF THE

STATE OF IOWA

[19] CHAPTER !

SCHOOL FUND.

AN ACT staying the school fund in the hands of the holders thereof.

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

SECTION 1. Officers to retain school funds. That all public officers who shall have in their possession or control, at the time this law takes effect, or at any tinue thereafter; any money or moneys to be applied to the support of common schools, or other educational purposes, under the existing laws; shall retain such money or moneys in their possession, and not apply, expend, or distribute the same, until directed so to do by some law hereafter to be enacted by the said general assembly.

SEC. 2. Repealing section. That the fourth section of an act, approved January 15th, 1846: entitled “an act to amend an act entitled an act to establish a system of common schools," approved January 16th, 1840, and all other acts and parts of acts, contravening the provisions of this act, are hereby repealed.

SEC. 3. Publication and effect: That the Governor (shall] cause this act to be published immediately in the several newspapers in this city, and that the same shall take effect on the thirtieth day of December, 1846.

J. B. BROWNE,
Speaker of the House of Representatives.

TIIOMAS BAKER,

President of the Senate. Approved, December 14th, 1816.

ANSEL BRIGGS.
Published in the Reporter and Standard, December 16th, 1846.

[20] CIIAPTER 2.

RECORDS OF LEE COUNTY.

AN ACT repealing an act to authorize the clerk of [the] district court for the county

of Lee to transcribe the records of said court, approved January 15th, 1846. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Act of Jan. 15, 1846, repealed. That the act of the council and house of representatives of the territory of Iowa, approved January 15th,

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