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Wapello, and E. M. Kirkham, of the county of Davis, be and they are hereby appointed commissioners to lay out a state road, commencing at the county seat of Keokuk county, thence to Ottumwa, in Wapello county, and from thence to Bloomfield, in Davis county.

SEC. 2. Commissioners-from Bloomington to Tipton. That Charles Swetland, Prior Scott and Delavan Bratt, be and they are hereby appointed commissioners to relocate a state road from Bloomington, in Muscatine county, to Tipton, in Cedar county, commencing at or near the court house in Bloomington, and from thence on the nearest practicable route to Tipton, in Cedar county.

SEC. 3. Commissioners—from Lake Prairie to Fort Des Moines. That John Hamilton, of Marion county, Monley Gillford, of Jasper county, and Thomas H. Napier, of Polk county, be, and they are hereby appointed commissioners to lay out a state road, commencing at Lake Prairie, in Marion county, to Fort Des Moines, in Polk county, running on the north side of the Des Moines river.

SEC. 4. Commissioners—from Hendry's to Fort Des Moines. That Thomas McMullen and John Rose, of Polk county, and Claiborne Hall, of Marion county, be and they are hereby appointed commissioners to lay out a state road, commencing at the house of Granville Hendry, in Marion county, on the nearest and best route to Fort Des Moines, in Polk county.

SEC. 5. Commissioners—from Cedar Rapids to the falls. That James Leverich, of Linn county, Charles Cantonwine, of the county of Benton, and William Hunt, of the county of Black Hawk, [77] be and they are hereby appointed commissioners to lay out and establish a state road, beginning at the Cedar Rapids, in Linn county, on the southwest side thereof, and running from thence on the nearest and best route to or near the house of Mr. Strawn, in said county of Linn; from thence, on the nearest and best route, to the county seat of Benton county; and from thence, on the nearest and best route, to the falls of said river, in the county of Black Hawk.

SEC. 6. Commissioners—from Tipton to Dubuque. That H. G. Whitlock, of Cedar county, Luke Potter of Jackson county, and William Hall, of Dubuque county, be and they are (hereby] appointed commissioners to lay out and establish a state road, commencing at Tipton, in Cedar county, via Canton, in Jackson county, to Dubuque, in Dubuque county.

SEC. 7. Commissioners—from Cascade to Maquoketa. That John Taylor, of Jones county, J. E. Goodenow and William Simerall, of Jackson county, be and they are hereby appointed commissioners to lay out a state road, commencing at Cascade, in Dubuque county, via Canton to Maquoketa, in Jackson county.

SEC. 8. Commissioners—from the military road to Canton. That George S. Dewitt, of Jackson county, T. S. Denson and William Clark, of Jones county, be and they are hereby appointed commissioners to lay out a state road, commencing at a point on the military road, on the south side of the south fork of the Maquoketa river, and near the crossing, by the way of the Scotch Grove, in Jones county, to Canton, in Jackson county.

SEC, 9. Commissioners—from military road to Jenkins'. That George L. Dickinson, Samuel P. Whitaker and William Burnham, be and they are hereby appointed commissioners to lay out a state road, commencing on the military road at or near the house of William Johnson, on Bourne's Prairie, Jones county; thence on the nearest and best route, to the bridge on the Scotch branch; thence on the nearest and best route, to McCay's ford, on the south fork of Maquoketa ; thence on the nearest and best route, until it intersects a road from J. H. Jenkins', on the Waubesapinecon, to Dubuque.

SEC. 10. Commissioners—from Cascade to Tete Des Morts. That Lyman Dillon, of the county of Dubuque, Sylvester Stevens and Henry Burke, of the county of Jackson, be and they are hereby appointed commissioners to lay out a state road, commencing at the village of Cascade, in Dubuque county, thence to Geer's ferry, near the mouth of Tete Des Morts, in Jackson county.

SEC. 11. When to meet-duties. Said commissioners, or a majority of them, shall meet at the commencement of their respective roads, on or before the first day of September next, and proceed to lay out and establish said roads agreeably to an act for laying out roads and highways, approved December 29, 1838; except that they shall not be required to forward a copy of the plats of said roads to the secretary of state.

Approved, February 18th, 1847.

[78] CHAPTER 60.

STATE ROAD.

AN ACT to locate and establish a state road from Wood's Mill, in Van Buren county,

to Bloomfield in Davis county.

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

SECTION 1. Commissioners.

Commissioners. That John Hale, of Van Buren county, and James Hawkins and Reason Wilkerson, of Davis county, be, and they are hereby appointed commissioners to locate and establish a state road, beginning at Wood's Mill, in Van Buren county, thence on the nearest and best route, to Bloomfield, in Davis county.

SEC. 2. When to meet-duties. Said commissioners, or a majority of them, shall meet at Wood's Mill, in Van Buren county, on the first Monday in May, or within sixty days thereafter, and proceed to lay out and establish said road, agreeably to the laws now in force on that subject.

SEC. 3. Assistance-compensation. Said commissioners shall take to their assistance a surveyor, and other necessary hands, and they shall receive such compensation, and in such manner as is provided by law.

Approved, February 18th, 1847.

CHAPTER 61.

COUNTY OFFICERS.

AN ACT to require certain officers to hold their offices at the county seats of their

respective counties.

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

SECTION 1. Offices at county seat. That the clerks of the district courts. clerks of the board of county commissioners, county recorders and county treasurers, shall hold their offices and keep all books and papers appertaining to their said offices, at the county seats of their respective counties.

SEC 2. Neglect or refusal. That if any person elected to either of the before mentioned offices shall refuse or neglect to comply with the provisions of this act, for the term of twenty days after being elected and qualified, said office shall be deemed vacant.

SEC. 3. Special election and vacancy-proviso. That if any office shall become vacant by the provisions of this act, there shall be a special election ordered to fill such vacancy; such election shall be conducted in all respects agreeably to an act re-[79)-gulating general elections : provided, however, that ten days previous notice of such election shall be sufficient.

SEC. 4. Take effect. This act shall take effect and be in force from and after its publication.

Approved, February 18th, 1847.

CHAPTER 62.

STATE ROAD.

AN ACT to establish a state road from lowaville to Lancaster, in Keokuk county,

by way of Creaseville. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Commissioners—route of road. That Michael Peibler and Jacob L. Sears, of Jefferson county, and Joel Skinner, of Keokuk county, are hereby appointed as commissioners to lay out and establish a state road from lowaville, in Van Buren county, by way of Creaseville, in Jefferson county, to Lancaster, in Keokuk county.

When to meet-to take oath-duties. That said commissioners shall meet in Iowaville, on the first day of April next, or within sixty days thereafter, and after taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments, they shall take to their assistance a skillful surveyor, two chainmen and one marker, who shall also take an oath or affirmation before entering on their duties, for the faithful performance of the same. They shall then proceed to establish and lay out said road on the nearest and best route between the several points, taking into consideration the public interest, and at the same time doing as little damage to private property as the public convenience will admit.

SEC. 3. How governed. That said commissioners shall in all other respects be governed by an act entitled "an act to provide for laying out and opening territorial roads," approved December 29th, 1838.

SEC. 4. To take effect. That this act to take effect and be in force from and after its passage.

Approved, February 20th, 1847.

[80] CHAPTER 63.

STATE ROAD.

AN ACT to lay out and establish a state road from Ottumwa to Well's Mill, on

Chariton river.
Be it enacted by the General Assembly of the State of Icwo:

SECTION 1. Commissioners-route of road. That Thomas Blair and Gabriel Trellinger, of Davis county, and Samuel J. Vassair, of Wapello county, be, and they are hereby appointed commissioners to lay out and establish a state road from Ottumwa, in Wapello county, by the way of Thomas Bair's, on Soap creek, in Davis county, and from thence to Well's Mill, on Chariton river, in Appanoose county.

SEC. 2. When to meet assistance-duties. Said commissioners, or a majority of them, shall meet at Ottumwa on the first Monday of May, or within two months thereafter, and shall take to their assistance two chain carriers and a marker, and proceed to lay out and establish said road according to law.

SEC. 3. Compensation. Said commissioners, chain carriers and marker shall receive such reasonable compensation as the commissioners of Wapello, Davis and Appanoose counties may allow.

SEC. 4. To take effect. This act shall take effect and be in force from and after its passage.

Approved, February 20th, 1847.

CHAPTER 64.

WASHINGTON COUNTY.

AN ACT supplemental to an act entitled “An act to provide for finishing the public

buildings in Washington county;" approved the 11th day of February 1847.

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

[SECTION 1.) When tax to be levied—to be collected in money-order upon the treasurer, etc. That the additional tax authorized to be levied and collected by virtue of an act entitled “An act to provide for finishing the buildings in Washington county," approved the 11th day of February, A. D. 1817, be and the same is hereby required to be levied at the time of levying other tax, and collected in money only; and that the same be set apart exclusively for the purpose in said act mentioned, and no other, and that orders given upon the treasurer and collector for the payment of any demand, on account of finishing the public buildings in said act mentioned, shall designate out of what funds the said order shall be paid.

Approved, February 20th, 1847.

[81] CILAPTER 65.

COMMISSIONERS' CLERK.

AN ACT to legalize the acts of Charles W. Hobbs, county commissioner, clerk and

recorder of Delaware county.

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

SECTION 1. Acts legalized. That all the official acts of Charles W. Hobbs, county commissioners' clerk and recorder of Delaware county, be, and the same are hereby legalized.

SEC. 2. To take effect. This act to take effect and be in force from and after its publication and distribution.

Approved, February 20th, 1847.

CHAPTER 66.

NEW COUNTIES.

AN ACT to establish new counties and define their boundaries, in the late session

from the Winnebago Indians.

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

SECTION 1. County of Allamakee—boundaries. That the following shall be the boundaries of a new county, to be called Allamakee, to wit: Beginning at the main channel of the Mississippi river, on the line dividing townships ninety-five and ninety-six; thence west on said township line to the line dividing ranges six and seven; thence north on said range line to the northern boundary of the state; thence east on said state line to the main channel of the Mississippi river; thence down the middle of the main channel of said river to the place of beginning.

SEC. 2. County of Winneshiek-boundaries. That the following shall be the boundaries of a new county, to be called Winneshiek, to wit: Commencing at the southeast corner of township ninety-six north, range seven west; thence west on the line dividing townships ninety-five and ninety-six, to the line dividing ranges ten and eleven; thence north on said range line to the northern boundary of the state; thence east on said state line to the line dividing ranges six and seven; thence south on said range line to the place of beginning.

SEC. 3. Boundaries to be surveyed. That as soon as the treaty made with the Winnebago Indians shall have been ratified by the United States senate, and the [82] Indians removed from the late purchase, the board of county commissioners of Clayton county shall have the boundaries of said new counties surveyed and marked out, as near as may be, to correspond with the spirit and meaning of this act; which boundaries shall remain as the county boundaries until the country is surveyed by the United States, and that the township lines shall remain and be the county boundaries thereafter.

SEC. 4. Governor to appoint justices—justices' oath and bond-jurisdiction. That the governor of this state be, and he is, hereby authorized to appoint and commission as many justices of the peace in the new counties established by this act as he may deem expedient; and each justice so appointed and commissioned shall hold his office for the term of two years, and, before entering upon the duties of his office, shall take an oath and enter into bond in the same manner as is required of justices of the peace elected in organized counties, so far as applicable, which bond shall run in the name of the board of county commissioners, and be approved by, and filed in the office of the clerk of the district court of Clayton county; and, justices of the peace so appointed, commissioned and qualified, shall possess the same jurisdiction and power in all cases whatsoever throughout the county or district of country for which they may have been appointed, as justices duly elected and qualified in organized counties possess.

Constables-oath and bond. That each justice so appointed, commissioned and qualified shall have the power of appointing two constables, who shall take an oath and enter into bond in like manner as is required of constables elected under the laws of the state, so far as applicable, which bond, when executed to the approval of the justice, shall be filed in the office of the justice making the appointment.

SEC. 6. Expenses of survey. And it shall be the duty of the counties, and they are hereby required, to refund all moneys that the county of Clayton may have expended in having their county boundaries surveyed.

Approved, February 20th, 1847.

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