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forth be null and void for all purposes whatsoever; and the said mayor shall take said returns, with a copy of the entry to be made on the journal as aforesaid, certified by said clerk, and file the same in the office of the county commissioner's court of Lee county, with the clerk thereof, who shall copy the same into the records of said court, and which entry or a transcript thereof, shall thenceforth be full evidence in all the courts of the state of the adoption of this act by the people of said town, and the existence of said incorporation. Approved, January 25, 1848.

[74] CHAPTER 65.

COUNTY ORDERS.

A BILL for an act making county orders bear interest.

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

SECTION 1. Rate of interest. That hereafter when the county commissioner of any county in this state shall issue any order upon the treasury of said county, the said order shall bear interest at the rate of six per cent. per annum, from the time of the presentation of the order to the treasurer for payment.

SEC. 2. Unpaid orders. Every county order heretofore issued and remaining unpaid, shall bear interest at the same rate from and after the passage of this act.

Approved, January 25, 1848.

CHAPTER 66.

CITY OF DUBUQUE.

AN ACT to amend an act entitled "an act to incorporate the City of Dubuque," approved February twenty-fourth, eighteen hundred and forty-seven.

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

SECTION 1. Mayor to be a justice. That hereafter the mayor of the city of Dubuque, who shall be elected by virtue of the provisions of the act to which this is amendatory, shall be, and he is hereby invested with all the powers now granted by law to justices of the peace within this state, for the purpose of hearing, trying and determining, all offences committed against the ordinances. of said city, and the said mayor shall also be a conservator of the peace within the limits of said city.

SEC. 2. Mayor, how governed. That the said mayor shall, as near as may be, conform to, and be governed by the several acts in relation to justices of the peace now in force, and which have been heretofore passed by the council and house of representatives of the territory, and by the general assembly of the state of Iowa.

SEC. 3. Fees. That the said mayor shall be allowed such fees for his services as are now, or that may hereafter be allowed by law to justices of the peace for like services.

SEC. 4. Publication of city laws. That every law or ordinance passed by the city council of [75] said city, shall be in full force, and birding upon the inhabitants thereof and others, six days after the same shall have been published in any public newspaper printed in said city of Dubuque.

SEC. 5. Merchant's license. That in addition to the powers already granted in the act to which this is amendatory, to the city council of said city of Dubuque, the said city council shall be, and are hereby authorized to compel all merchants and store-keepers within said city, to pay in addition to the tax provided for in said act, such further sum for license to sell goods, wares and merchandise, as the said city council shall by ordinance deem proper to impose.

SEC. 6. Acts repealed. That all acts and parts of acts, to which this is amendatory, which conflict with the provisions of this act, be, and the same are hereby repealed.

SEC. 7. When to take effect. This act shall take effect and be in force from and after its publication in the Miner's Express and Dubuque Tribune, newspapers printed at Dubuque.

Approved, January 25, 1848.

Published in the Tribune, February fourteenth, and in the Express, February sixteenth, eighteen hundred and forty-eight.

CHAPTER 67.

SCHOOL LANDS.

AN ACT to legalize the sale of school lands.

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

SECTION 1. Sales legalized-proviso. That the sales of school lands made under the provisions of an act entitled "an act to provide for the management and disposition of the school fund," approved, Feb. 25th, 1847, be and the same are hereby ratified and confirmed as fully and effectually as if the school officers elected on the first Monday in the month of April, 1847, had been legally elected and qualified: provided, that the purchaser or purchasers of such lands shall not make known their dissent to such ratification and confirmation, in writing, to the proper officer, within six months after the taking effect of this act; in which case the purchase to any such person dissenting shall not be ratified or confirmed.

SEC. 2. Duty of officers in case of rejected lands. That in all cases where lands have been selected under the provisions of the act aforesaid, where such selections have or may hereafter be rejected by the general government, it is hereby made the duty of the proper officer to cancel the bonds given, and also to refund back [76] all moneys which may have been paid by purchasers of land, under the provisions of said act, upon request being made by the proper person, at his office.

SEC. 3. When to take effect. This act to take effect and be in force from and after its publication in the Iowa Capital Reporter and Iowa Sandard.

Approved, January 25, 1848.

Published in the Reporter. February ninth, and in the Standard, February second, eighteen hundred and forty-eight.

CHAPTER 68.

SCHOOL TAX.

AN ACT to authorize a district school tax.

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

SECTION 1. District school tax. That a tax may be levied in each organized school district in this state, for the purpose of building a school house in each district, and furnishing the same. Said tax to be levied and collected in the following manner:

SEC. 2. Vote on tax-time and place of election. Upon the written request of any three free-holders in said district, made to the moderator of the board of directors, asking that a vote may be taken, whether or not a tax shall be laid for the purposes above mentioned; said president shall forthwith order an election for that purpose, designating in three printed or written advertisements, set up in three of the most public places in said district, the time and place when and where said election shall be held, which elections shall be conducted as township elections, and the result of said elections, when in favor of a tax, shall be returned to the county commissioners' clerk as other election

returns.

SEC. 3. Vote to be viva voce. The vote shall be taken in favor of or against a tax, which shall be given viva voce.

SEC. 4. Tax when unpaid, amount. If the vote then taken shall be in favor of a tax, the school directors shall then proceed to impose such tax as shall be sufficient to build and furnish said school house, but the amount of such tax shall not exceed five hundred dollars in any one year.

SEC. 5. Tax how assessed-list of names. Whenever it shall be voted that a tax shall be levied as above, the clerk of the board of directors shall obtain a transcript of the last assessment roll of the county, and shall add thereto any taxable property therein omitted, having himself assessed the value thereof, and when the tax shall have been apportioned thereon, by the district [77] board, said clerk shall post up a list of names of persons taxed, with the amount set opposite their names, and if not known, the number or description of the land, with the amount due upon the same, at least thirty days previous to proceeding to collect the same, during which time any one may pay the amount of their tax to said clerk.

SEC. 6. Warrant for collection. At the end of said time, the moderator shall issue his warrant directed to said clerk, who shall proceed to collect said tax, and hold it subject to the order of the moderator.

SEC. 7. Neglect to pay tax. Should any one, when called on, neglect or refuse to pay such tax, the collector shall proceed to collect the same by the distress and sale of goods and chattels found within his district, which sale shall be made and notice given as sales by constables.

SEC. 8. Land sales for taxes. When the owner of lands fails to pay the tax thereon, and personal property cannot be found. out of which to make the same, that fact shall be reported by the collector, with a description of the land on which said tax remains unpaid, to the county collector of taxes, in time for the same steps to be taken by said collector as are prescribed for the sale of lands for delinquent county tax for the same year: the lands shall be sold in like manner and with the same consequences as though sold for delinquent county taxes, and if for any cause they shall not be thus sold at the proper time, they may be sold the following year in the same manner and with the same consequences as is above contemplated.

SEC. 9. County collector to hold tax. When lands have been sold or tax collected, as contemplated in the 8th section of this act, the county collector shall hold the same subject to the order of the moderator for the proper school district, and which shall be paid over accordingly.

SEC. 10. Tax paid in labor. The clerk of said board of directors may receive in payment of said tax any labor or materials which may be agreed upon by said clerk and tax payer.

SEC. 11. Clerk to give bond. Before said clerk shall proceed to collect any such tax, he shall give bond and security to said board of directors, as a majority of them shall determine.

SEC. 12. School houses commenced before Jan. twenty-fourth, forty-seven. It shall be lawful for any school district, in which the building of a school house was commenced under the laws in force before the taking effect of the act of Jan. 24th, 1847, entitled an act supplemental and amendatory of an act to establish common schools, approved, January 16th, 1840, to proceed to the completion of said school house, in virtue of the laws then in force; and all taxes levied therefore, under said laws, shall be collected by the proper collecting officer of the district, and applied to that purpose as fully and effectually as if said act of January 26th, [24th,] 1847, had not been passed, and all [78] contracts heretofore made with the proper authorities of any school district, shall be obligatory upon, and may be enforced by or against their successors under this act.

SEC. 13. When to take effect. This act to take effect by publication in the Reporter and Standard of Iowa City.

Approved, January 25, 1848.

Published in the Standard February second, and in the Reporter February sixteenth, eighteen hundred and forty-eight.

CHAPTER 69.

MILITARY DUTY.

AN ACT requiring the assessors to take lists of persons subject to military duty. Be it enacted by the General Assembly of the State of Iowa,

SECTION 1. Duty of county assessors. That the assessors in each organized county in this state be required to take, at the next annual assessment, a list of all able bodied white male citizens, between the ages of eighteen and forty-five years, subject to military duty in their respective counties, and return such list with their assessment roll to the clerk of the board of county commissioners, whose duty it shall be, within thirty days thereafter, to forward an abstract of said list to the governor of the state.

SEC. 2. When to take effect. This act shall take effect and be in force from and after its publication in the Iowa Capital Reporter, and Iowa Standard, published in Iowa City.

Approved, January 25, 1848.

Published in the Standard, February ninth, and in the Reporter, February twentythird, eighteen hundred and forty-eight.

CHAPTER 70.

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 two thousand five hundred dollars, to be paid out of any money in the treasury not otherwise appropriated.

[79] SEC. 2. Superintendent. That said appropriation shall be expended under the superintendence of Morgan Reno, Esq., who is hereby allowed the sum of two hundred dollars, as a compensation for said services.

SEC. 3. Work to be done. It is hereby made the duty of said superintendent to complete, in a plain and substantial manner, the large hall in the north end of the capitol, and furnish the same with a good and substantial set of desks and seats for the use and occupancy of the senate; also to complete, in the same manner, the representative hall, now occupied by said body, and furnish the same with desks and seats; also, to fit up for committees, four rooms in the basement of said building, and such other work as said superintendent may deem proper to be done upon said building.

SEC. 4. When to take effect. This act to take effect and be in force from and after its publication in the Iowa Capital Reporter, and Iowa City Standard. Approved, January 25, 1848.

Published in the Reporter, and in the Standard, February ninth, eighteen hundred and forty-eight.

CHAPTER 71.

APPROPRIATIONS.

AN ACT to provide for the compensation of members, officers, and printers of the general assembly, and others.

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

SECTION 1. Appropriation. That the following sums are hereby appropriated, out of any money in the hands of the treasurer of state not otherwise appropriated, for the following purposes, viz:

SEC. 2. Representatives. For pay and mileage of members of the house of reprepresentatives, two thousand four hundred and sixty dollars.

SEC. 3. House officers. For pay of officers of the house of representatives, three hundred and twenty dollars.

SEC. 4. Senators. For pay and mileage of the members of the senate, one thousand two hundred and twelve dollars.

SEC. 5. Senate officers. For pay of officers of the senate, three hundred and sixty-eight dollars.

SEC. 6. Browne. To Jesse B. Browne, for extra services as speaker of the house of representatives forty-six dollars.

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