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[22] CHAPTER 17.

STATE ROAD.

AN ACT to locate and establish a road therein named.

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

SECTION 1. Commissioners names-route of road. That T. L. Sargeant be and he is hereby appointed commissioner to locate and establish a road, commencing at a point in the Mt. Pleasant road opposite the centre of the bridge erected by the United States, over Hawkeye creek, west of Burlington; thence through the centre and parallel with the direction of said bridge. fifty (50) rods westerly; then following the direction of the original survey of said road unto the foot of the first bluff or hill, where the said road now makes an angle up said bluff or hill, establishing said road thirty feet each way from the line thus run, or making said road sixty feet wide as far as the foot of said bluff or hill; provided, that the north line of said road west of said bridge, may be established at any distance not exceeding thirty feet nor less than twenty feet from the line of road run as above described, making said portion of the road not less than fifty feet nor more than sixty feet.

SEC. 2. When to commence. Said commissioner shall proceed to the discharge of the duties required by this act, on the first Monday of February. 1848, or at any time within six months thereafter.

SEC. 3. Road vacated. That so much of the agency or territorial road as lies between the Mt. Pleasant road and the terminating point at the angle at the bluffs, as specified above, and not embraced in the space required for at highway by the provisions of this act, is hereby declared to be vacant.

SEC. 4. first day of February, 1848.

When to take effect.

Approved, January 24, 1848.

That this act be in force from and after the

[23] CHAPTER 18.

SCHOOL TAX.

AN ACT TO authorize the directors of school district No. three in the township of Brighton, in Washington county, to levy a tax for school purposes.

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

SECTION 1. Tax to be levied. That the school directors of said district, in the title of this act mentioned, be and are hereby authorized to levy a tax upon the inhabitants of said district, not exceeding five hundred dollars, for the purpose of purchasing a school house for the use of said district.

SEC 2. How levied. That it shall be lawful, and is hereby made the duty of said directors, to procure a certified copy of as much of the last authentic assessment list of the county assessor as embraces their proper district, and proceed to levy said tax, making out under their hands an alphabetical list

of all the persons taxed, with the amount of his or her tax set opposite their proper names, which list shall forthwith be delivered to any constable of said township for collection.

SEC. 3. How collected-proviso. That the constable to whom such list shall be delivered as aforesaid, after giving bond to said directors and their successors in office, in double the amount of the tax so to be collected, for the proper discharge of such duty, shall within twenty days thereafter, proceed to collect said tax by levy and sale if necessary, of the goods and chattels of each and every person who shall refuse to pay the same, and shall make return of his doings, and pay over all moneys by him collected upon such list to said directors or their successors in office, within sixty days from the time said list was delivered to him as aforesaid; provided, that any person of said district who may have contributed towards the building of said school house, shall be entitled to a credit to that amount on his tax, and if he has contributed more than the amount of his tax, he shall be entitled to a return of the amount over and above his tax, when said tax is collected.

SEC. 4. When to take effect.

and after its passage.

Approved, January 24, 1848.

This act to take effect and be in force from

[24] CHAPTER 19.

HARRIET O'REILLY.

AN ACT for the relief of Harriet O'Reilly.

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

SECTION 1. Authorized to sell real estate. That Harriet O'Reilly, of Fort Madison, in Lee county, be, and she is hereby empowered to sell, transfer and convey all that real estate which belonged to her prior to her marriage with Philip O'Reilly, her present husband; and that she be authorized and empow ered hereby, to make such deeds in her own name for the said real estate, as will convey the same in as full and ample a manner as though she had never intermarried with the said Philip O'Reilly.

SEC. 2.

When to take effect.

and after its passage.

Approved, January 24, 1848.

This act to take effect and be in force from

CHAPTER 20.

FERRY.

AN ACT to authorize John Brophy to keep a ferry across the Missouri river.

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

SECTION 1. Ferry across the Missouri river. That John Brophy, his assigns and associates, be, and they are hereby authorized to establish and keep a ferry across the Missouri river at Council Bluffs, or at any practical crossing over said river near the same, for the transportation of persons and their property, with such boats or vessels as will be suitable therefor, for the term of twenty years.

Approved, January 24, 1848.

[25] CHAPTER 21.

DISTRICT AND COUNTY ELECTIONS.

AN ACT to amend "an act defining the time of holding elections for state, district, and county officers," approved, February twenty-fifth, eighteen hundred and forty-seven.

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

SECTION 1. Clerk and prosecuting attorneys. That in.each county in this state in which no election was held on the 1st Monday of August, 1847, for the purpose of electing a clerk of the district court and a prosecuting attorney, an election shall be held for those officers on the 1st Monday of August, 1848, who shall hold their respective offices for one year, and until their successors are elected and qualified.

SEC. 2. Election in eighteen hundred and forty-nine.

That there shall

be elected in each organized county in this state, on the 1st Monday of August, 1849, and biennially thereafter, one clerk of the district court, and one prosecuting attorney, who shall hold their respective offices for two years, and until their successors are elected and qualified.

SEC. 3. Elections legalized. That all elections held in this state, on the 1st Monday of August, 1847, for the purpose of electing clerks of the district courts, and prosecuting attorneys, are hereby legalized and declared valid. Approved, January 25, 1848.

CHAPTER 22.

STATE ROAD.

AN ACT to amend an act entitled "An act to lay out and establish a state road from Iowaville, in Van Buren county, to Lancaster, in Keokuk county, by the way of Creaseville, in Jefferson county, approved, Feb. twentieth, eighteen hundred and forty-seven.

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

SECTION 1. Report of commissioners. That the action of the commissioners appointed to lay out said road, shall not be invalid in consequence of their not having made their report as required by law; provided, their report be made and filed within sixty days after the passage of this act. Approved, January 24, 1848.

[26] CHAPTER 23.

STATE ROADS.

AN ACT to vacate portions of certain roads therein named.

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

SECTION 1. Roads vacated and changed. That so much of the several state (or territorial) roads leading to Mount Pleasant, in Henry county, as lies upon, or runs over the east half of the south-west quarter of section num

ber twenty-three, (23) in township number seventy-one (71) north, of range number six (6) west, be and the same is hereby vacated; and said roads are hereby so changed as to run due north from where said roads now strike said eighty acre lot on the east side thereof, to the north-east corner of said lot; thence due west to the point or points where said roads now run. SEC. 2. This act to take effect from,and after its passage.

Approved, January 24, 1848.

CHAPTER 24.

TOWN OF FAIRFIELD.

AN ACT to permit the people of the town of Fairfield to repeal their charter. Be it enacted by the General Assembly of the State of Iowa,

SECTION 1. Vote on repeal. That the qualified voters of the town of Fairfield, Jefferson county, may on the 2d Monday of March next, vote for or against a repeal of the act passed at the last session of the general assembly, entitled "an act to incorporate the town of Fairfield."

SEC. 2. By ballot. At said election those voters wishing to vote for a repeal of said act, shall put in ballots with the word "repeal" written or printed thereon; those wishing to vote for a continuance of the charter shall put in ballots with the word "charter" written or printed thereon.

SEC. 3. If repealed-if not. Should the number of votes for a repeal exceed the number for a continuance of the charter, then the said act of incorporation shall be from thenceforth repealed, but if otherwise, the act shall be continued in force. The mayor of the town of Fairfield shall cause notice thereof to be published in the Iowa Sentinel.

SEC. 4. Mayor to be justice. Should the said act of incorporation be continued in force by the vote as aforesaid, the mayor of said town shall fron thenceforth be [27] ex officio a justice of the peace, with jurisdiction limited to the town of Fairfield, in the same manner that the jurisdiction of other justices is limited to their respective townships.

Approved, January 24, 1848.

CHAPTER 25.

WAPSIPINICAN BRIDGE.

AN ACT to authorize George L. Davenport, John Wilson, A. Davenport, William Insly, A. C. Fulton, and others, to erect a toll bridge across the Wapsipinican river.

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

SECTION 1. Toll bridge authorized-proviso. That George L. Davenport, John Wilson. A. Davenport, William Insly, A. C. Fulton, James M. Bowling. C. S. Whisler, J. M. D. Burrows, A. Leclaire, and such other persons as may associate with them, be and they are hereby authorized to erect a toll bridge across the Wapsipinican river, at some point between Basset's and Rutley's

ferry, and as near the latter place as practicable, to be selected by survey, with the exclusive privilege of bridging said river for two miles above and two miles below said selected point, for the term of thirty years: provided, said bridge is completed within two years from the taking effect of this act, and kept in repair thereafter.

SEC. 2. Rates of toll. That the rate of toll to be exacted shall be as follows: For each horse and rider, five cents; for each two wheeled vehicle, fifteen cents; for all four wheeled vehicles, twenty cents; for foot passengers no charge shall be made whatever; toll on sheep or hogs, two cents each; on horses, mules and neat cattle, four cents each.

SEC. 3. Individual rights. Nothing in this act shall be so construed as to interfere with the right that any individual may have to the land on the banks of said river.

SEC. 4. Bridge may be purchased. The counties of Scott and Clinton to have the privilege to purchase said bridge, at any time that they may think proper, for the purpose of making it a free bridge; by paying the stockholders the cost of the improvement with six per cent. added to the amount. SEC. 5. When to take effect. This act to take effect from and after its passage.

Approved, January 24, 1848.

[28] CHAPTER 26.

UNIVERSITY LAND AGENT.

AN ACT to compensate the agent employed to select the university lands for this state. Be it enacted by the General Assembly of the State of Iowa,

SECTION 1. Compensation of agent. That the agent employed by the treasury department of the United States for the purpose of locating and selecting two townships or seventy-two sections of land for the use and support of a state university, be and he is hereby allowed the sum of two dollars per day for every day he may be employed in the discharge of his duty.

SEC. 2. Auditor's duty. The auditor of state shall, upon presentation of his account, verified by oath, audit and allow the same, and shall draw a warrant in his favor on the treasurer of state for the amount thus verified. SEC. 3. When to take effect. This act to take effect and be in force from and after its passage.

Approved, January 24th, 1848.

CHAPTER 27.

STATE ROAD.

AN ACT to establish a state road from Elkader, in Clayton county, to Quasqueton, in Buchanan county.

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

SECTION 1. Commissioners. That Isaac Haven and George Cornwall, of the county of Clayton, and Jeremiah Taylor, of the county of Fayette, are

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