States, shall be in force and effect, and the time of appraising, selling, and draining of the said swamp lands, shall be at the discretion of the county courts respectively.

SEC. 26. Repeal. All acts, and parts of acts now in force in respect to the swamp lands of this state are hereby repealed.

SEC. 27. Take effect. This act to take effect and be in force from and after its publication in the Capitol Reporter and Iowa Republican.

I certify that the foregoing act was published in the Iowa Capital Reporter and Iowa Republican, on the 2d day of February, 1853. GEO. W. MCCLEARY, Secretary of State.

CHAPTER 14.

PENITENTIARY.

AN ACT supplemental to chapter 187 of the code concerning the Penitentiary of the state, and the government and discipline thereof.

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

SECTION 1. Lease-admit-proviso. That the inspectors and wardens of the Iowa penitentiary or a majority of them be, and they are hereby authorized and empowered to lease or hire out the prisoners to be [48] worked in the shops upon the prison grounds, if they shall deem that the interests of the state will be best promoted by so doing.

SEC. 2. This act to take effect and be in full force from and after its passage.

Approved. January 13th, 1853.

CHAPTER 15.

ESCHEAT.

AN ACT relinquishing an escheat.

Preamble. Whereas, it has been represented to the general assembly of the state of Iowa, and fully made satisfactorily to appear, that on or about the 28th day of August, 1845, one Chauncy Beemen and wife conveyed iy fee simple to one George Farnbauer, the east half of the north-west quarter of section twenty, in township No. seventy north, of range No. two. west, situated in the county of Des Moines and state of Iowa, except twentyfive acres off of the north-west corner, previously sold to Hiram Wells, and that at the time of said purchase, said George Farnbauer was married to one Kunigunda Farnbauer, and that soon after said purchase, said George departed this life without issue, and leaving said Kunigunda his widow, but leaving no property, except the land above mentioned, that some time in the year 1847 said Kunigunda intermarried with one Christian Prey, and that by said marriage they had one child, to wit, William Prey, who is still living: that some time in 1850 the said Kunigunda departed this life; that said George Farnbauer was an alien and left no collateral relatives in the United

States, and has no heirs to inherit said estate; that said Christian Prey has made valuable improvements on said lands, and expended an amount on the same equal to the value of said land, that said land and improvements are the only means of support of the said Christian and William Prey. Now, therefore,

[39] Be it enacted by the General Assembly of the State of Iowa:

Relinquishment. That the right and title by escheat of the said state of Iowa to the said east half of the north-west quarter of section No. twenty, in township No. seventy north, of range No. two west, except twenty-five acres off of the north-west corner previously sold to Hiram Wells, all in the county of Des Moines, state of Iowa, be, and the same is hereby relinquished to, and vested in the said Christian Prey and William Prey, as fully and effectually as the said state has power to vest and transfer the same, and to their heirs and assigns forever, the said Christian and William Prey holding said property thus relinquished as tenants in common.

Approved, January 13th, 1853.

CHAPTER 16.

MOUNT PLEASANT.

AN ACT to amend an act entitled an act for the incorporation of the town of Mount Pleasant in Henry county.

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

SECTION 1. Vacation of office. That when any person filling the office of mayor, councilman or recorder, or any other office created by ordinance or otherwise in pursuance to the act to which this [is] amendatory, shall move out of the corporate limits of the town of Mount Pleasant, in Henry county, such office shall become vacant.

SEC. 2. Filling vacancy. That when any such office shall become vacant by death, removal or otherwise, a special election shall be held to fill such vacancy, provided, that the mayor and councilmen may fill any vacancy in offices created by ordinance, by appointment; and provided further, that it shall be the duty of the recorder, or the mayor in case the office or recorder be vacant, to give at least ten days' notice, in manner provided in case or annual elections of said town.

SEC. 3. Take effect. This act to take effect and be in force from and after its publication in the Iowa Observer and True Democrat, [40] newspapers published in Mount Pleasant, said publication to be at the expense of said

town.

Approved, January 12th, 1852.

CHAPTER 17.

WARDEN OF PENITENTIARY.

AN ACT to provide for the election of warden of the penitentiary.

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

SECTION 1. Election. That the general assembly shall at the present session, and at every session thereafter by joint convention, elect a warden of the penitentiary who shall qualify according to law.

SEC. 2. Repeal. That so much of section three thousand one hundred and twenty-one, of the code as provides for the appointment of the warden of the penitentary by the governor be, and the same is hereby repealed.

SEC. 3. Take effect. This act shall take effect and be in force from and after its publication in the Iowa Capital Reporter and Iowa Republican. Approved, January 14th, 1852.

I certify that the foregoing act was published in the Iowa Capital Reporter on the 19th Jan., and in the Iowa Republican on the 15th Jan., 1853.

GEO. W. MCCLEARY,
Secretary of State.

CHAPTER 18.

WARREN COUNTY.

AN ACT to change the boundaries of Warren county.

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

SECTION 1. Boundaries-reserve. That the following shall be the boundaries of Warren [41] county, to wit: beginning at the northwest corner of Marion county, thence west along the line dividing townships 77 and 78, to the northwest corner of township 77 north of range 25 west, thence south to the southwest corner of township 74 north of range 25 west, thence east to the southwest corner of Marion county, thence north to the place of beginning: provided, that all that part of township 77 north of range No. 22 west, which lies north of the Des Moines river shall remain as a part of Polk county.

SEC. 2. Take effect. This act shall take effect and be in force from and after the first day of March, A. D. 1853.

Approved, January 14th, 1853.

CHAPTER 19.

JOHNSON COUNTY.

AN ACT to authorize the county judge of Johnson county to index the records of said county.

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

SECTION 1. Index. That the county judge of Johnson county be, and he hereby is, authorized to cause the records of said county to be indexed, and 10 pay for the same out of the treasury of said county.

CHAPTER 20.

COUNTY SEAT.

AN ACT to locate the seat of justice of Taylor county.

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

SECTION 1. Commissioners-time and place of meeting-centre-name. That William Robbins and Jesse Majors of the county [42] of Page, and S. F. Snyder of the county of Montgomery, be, and they are hereby appointed commissioners to locate and establish the seat of justice of the county of Taylor, said commissioners or any two of them shall meet at the house of John Lowe in said county of Taylor, on the second Monday in March next, or within thirty days thereafter, and proceed to locate and establish the seat of justice of said county, as near the geographical centre of said county as said commissioners may deem proper, having due regard to the present as well as the future population of the said county: the name of the county seat shall be Bedford.

SEC. 2. Oath, etc.-fees. Said commissioners, before entering upon the discharge of their duties, shall take an oath as is required by law in like cases: said commissioners shall be allowed two dollars per day for their services, to be paid out of the first moneys from the sale of lots in said county seat.

SEC. 3. Take effect. This act to take effect from and after its publication in the Iowa Capital Reporter and Republican.

Approved, January 14, 1853.

I certify that the foregoing act was published in the Iowa Capital Reporter and Republican, on the 2d day of February, A. D. 1853.

GEO. W. McCLEARY,
Secretary of State.

CHAPTER 21.

M. R. LAMSON.

AN ACT to authorize M. R. Lamson to transcribe the county records of Clarke county,

Iowa.

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

SECTION 1. Transcribe-index. That M. R. Lamson is hereby authorized and required to transcribe the county records of Clarke county, Iowa, and index the same.

SEC. 2. Books. That the county judge of said county shall furnish good and substantial record books and a suitable index book for the purposes herein contemplated.

[43] SEC. 3. Fees. The said M. R. Lamson shall receive for transcribing, eight cents for every hundred words, and a reasonable compensation for indexing the records, to be paid by the county judge out of the county treasury. SEC. 4. Take effect. This act to take effect from and after its publicaton. Approved, January 14, 1853.

CHAPTER 22.

RIGHT OF WAY.

AN ACT granting the Mount Pleasant and Fairfield plank road company the right of way.

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

SECTION 1. Right of way-proviso. That the Mount Pleasant and Fairfield Plank Road Company is hereby authorized to lay out their road between the town of Mount Pleasant and Fairfield, on such ground as may be deemed suitable for that purpose, including any portion of the public highway, provided the traveling on such highway is not thereby interrupted.

SEC. 2. Road way not to exceed 60 ft. in breadth. The quantity of ground to be thus taken shall be merely a road way, not exceeding sixty feet in breadth, and when private property is thus taken a fair equivalent must be paid therefor, before the property can be appropriated by the company.

SEC. 3. Damages, how obtained-jury to assess. When the proprietor of any land thus taken is legally competent to act for himself, and has received personal notice of the laying out of the road through his land, he must, within ten days after receiving such notice, apply to the sheriff of the county in which the land lies for a jury to assess the amount of damages he may sustain, or he shall be held to have accepted of the largest amount of damages offered him by the company, and in the payment or tender of which sum the company is entitled to a deed for the right of way.

SEC. 4. Minors, etc. If the proprietor of the land is a minor, or otherwise incompetent to act for himself, or if he has not been person- [44] ally served with a notice of the laying out of the road as aforesaid, the jury aforesaid must be called for by the company.

SEC. 5. Sheriff to summon jury. When called upon in either of the above methods, the sheriff must as soon as practicable summon nine persons qualified to act as ordinary juries, as between the parties, and who are not interested in a similar question, a time and place must be appointed for the meeting, and reasonable notice thereof given to the parties or their agents or guardians, unless they are already acquainted with those facts.

SEC. 6. Talismen. At the time appointed, if the requisite number of quali fied jurors do not appear, the sheriff must complete the number. The parties then (commencing with the agents of the company) shall in turn proceed to strike off one juror each until only three remain.

SEC. 7. Striking jury. If either party fails to strike off jurors in the manner aforesaid, the sheriff shall do the same in his place, but nothing herein contained is intended to prevent the parties from agreeing upon any modification of the proceedings herein prescribed.

SEC. 8. Examination and assessment of damages by jury-appeal-proviso. The three jurors so selected must then proceed to examine the ground and decide upon the amount of damages that shall be paid by the company for the right of way aforesaid, upon the payment of which amount the company is entitled to a deed for the right of way: provided that either party dissatisfied with the decision of the jury shall have the right to appeal to the district court of the county wherein said land is situated, at any time within thirty days from the making of said decision; but such appeal shall not prevent the prosecution of the work upon said road; provided the company shall first have paid or tendered the amount adjudged by said jury, and in no case shall the company be liable for costs on an appeal unless the appellant recover a greater amount of damages than first awarded.