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CHAPTER 67.

JOHN WILSON.

AN ACT for the relief of John Wilson.

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

SECTION 1. Act of Wisconsin revived subject to the laws of this state. That an act of the legislative assembly of the territory of Wisconsin, entitled "An act to establish a ferry across the Mississippi river in this territory," approved January 18th, 1838, be, and the same is, hereby [83] revived, renewed, and extended, for the term of four years from the 18th day of January, 1848, and that all the rights, franchises, and privileges, granted and secured to John Wilson, his heirs and assigns, by the provisions of said act, be, and the same are hereby granted and secured to him and his heirs, for the said term of four years from the expiration of his said charter; and the said John Wilson and his heirs, shall be subject to all the laws of this state in force or to be in force during said term, in relation to ferries, tolls, etc.

SEC. 2. To keep ferry boats. The said John Wilson and his heirs, shall, at all times during said term, keep or cause to be kept upon said ferry, such boat or boats, for the transportation of passengers, their baggage and freight, as the board of commissioners of Scott county may from time to time require.

SEC. 3. To take effect. This act shall take effect from and after its passage. Approved, February 20th, 1847.

CHAPTER 68.

STATE ROAD.

AN ACT for a state road therein named.

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

SECTION 1. Commissioners—route. That Wm. M. McKee and John Young, of Jefferson county, and J. N. Redman, of Wapello county, are hereby appointed commissioners to lay out and establish a state road from Agency City, in Wapello county, to Creaseville, in Jefferson county, thence to the southeast corner of the west half of the southwest quarter of section twenty-eight, thence to intersect a state road at or near the half mile corner on the east line of section twenty-eight, township seventy-two, of range eleven west.

SEC. 2. When to meet-assistance. Said commissioners shall meet at Agency City on the first Monday of May, 1847, or at any time thereafter, and take to their assistance a competent surveyor and two chainmen and one marker, and after being duly qualified, shall proceed to locate said road according to law.

SEC. 3. How governed. Said commissioners shall in all respects be governed according to "An act to lay out and establish territorial roads,

approved December 29th, 1838.

SEC. 4. Take effect. This act to take effect and be in force from after its passage.

Approved, February 20th, 1847.

[84] CHAPTER 69.

DISTRICT JUDGES.

AN ACT in relation to the duties and powers of the district judges.

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

SECTION 1. Judge interested. That in any county in this state, when the judge of said district shall be interested in any cause pending before him, or for any other cause, if said judge does not wish to hold said court, he may, hy agreement with the judge of any other district, procure the services of said judge, to hold said court or courts.

SEC. 2. Death or resignation. If from death, resignation, removal, or absence from the state, or any other cause, any distriet or county shall, for the time being, be without a judge, the judge of any other district inay, for the time being, hold said court.

SEC. 3. To take effect. This act to take effect and he in force from and after its publication in the weekly newspapers printed in Iowa City.

Approved, February 220, 1847.
Published in the Reporter, March 24th, 1847, and Standard, March 3d, 1847.

CHAPTER 70.

CONGRESSIONAL DISTRICTS.

AN ACT to divide the state into two congressional districts.

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

SECTION 1. Congressional districts. That this state shall be divided into two congressional districts, for the election of representatives in the congress of the United States, each of which districts shall be entitled to elect one representative.

SEC. 2. The limits and designation of said districts shall bre as follows:

First district. First district-The counties of Lee, Van Buren, Jefferson, Wapello, Davis, Appanoose, Henry, Mahaska, Monroe, Marion, Jasper, Polk, Keokuk, and all of the country south of a line from the northwest corner of the county of Polk, running west to the Missouri river, shall constitute the first district.

Second district. Second district-The counties of Clayton, Dubuque, Delaware, Jackson, Clinton, Jones, Linn, Powesheik, Benton, Iowa, Johnson, Cedar, Scott, Muscatine, Washington, Louisa, Des Moines, and all the country (85) north of a line from the northwest corner of the county of Polk, running west to the Missouri (river,] shall constitute the second district.

SEC. 3. Take effect. This act to take effect and be in force from and after its publication.

Approved, February 22d, 1847.

CHAPTER 71.

SEAT OF GOVERNMENT.

AN ACT to provide for the location of the seat of government of the state of Iowa,

and for the selection of land granted by congress to aid in erecting public buildings.

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

SECTION 1. Commissioners—duties. That John Brown, of the county of Lee, and Joseph D. Ioag, of the county of Henry, and John Taylor, of the county of Jones, be, and they are hereby appointed commissioners, whose duty it shall be to locate the permanent seat of government of this state, and to select the lands granted by congress to aid in erecting public buildings.

SEC. 2. Oath. That it shall be the duty of said commissioners to take and subscribe an oath, before entering upon the discharge of the duties of their offices, that they will honestly and faithfully perform the duties devolved upon them by this act, to the best of their ability.

SEC. 3. When to meet-shall examine the state. The said commissioners, or any two of them, shall meet at any place upon which they may agree, on some day between the first day of May and the first day of June next; and the said commissioners, or any two of them, having met as aforesaid, shall proceed to an examination of the state, or such parts thereof as they may think expedient in order to determine judiciously upon a point for the permanent seat of government of the state of Iowa.

SEC. 4. Location near the center. The location shall be made as near the geographical centre as, in the opinion of the commissioners, may be consistent with an eligible and healthy site, the general features of the surrounding country and the interest of the state generally; and the point thus selected shall be the permanent seat of government.

SEC. 5. Consideration of grants. In making the selection of land in this act mentioned, and the location of the seat of government, it shall be lawful for said commissioners to take into consideration any proposition of land or claims which may be submitted for that purpose.

SEC. 6. To employ a surveyor-plat to be made. The said commissioners shall employ a surveyor, and upon locating the seat of government and selecting said land, cause the same, [86] thus selected, to be surveyed, and plat thereof to be made out, and attach the same to a report of their proceedings under this act, to be by them filed in the office of the secretary of state.

SEC. 7. To lay off town—town plats-capitol square. The said commissioners having selected the land aforesaid, and located the seat of government, shall proceed to cause to be laid off and surveyed a town, upon such a place as they may think most conducive to the interest and convenience of the state; and shall cause a fair plat or plats thereof to be made and recorded according to the existing laws. The commissioners shall cause a square to be laid off, of not less than five acres, upon which to erect the capitol, and also such other squares as they may think proper.

SEC. 8. Public sale of lots—terms of sale—size of town certificate of sale -as to titles—sale forfeited—state may sell again. The said commissioners shall have power to fix upon a time for a public sale of lots, giving such notice, through the newspapers and otherwise, as they may deem necessary; they shall fix the terms of sale, requiring at least one fourth of the purchase money in hand, and the remainder in three equal instalments of two, four and six years, bearing interest at the rate of six per centum per annum, from date until paid. The said commissioners shall not lay out more than one section of land into town lots, nor sell more than two lots in any one block, within the first two years. The commissioners shall give to purchasers a certificate of sale, specifying therein the lot or lots sold, the amount sold for, the amount paid in hand, and the amount and date of each subsequent payment: but no title shall pass to the purchaser by virtue of such certificate, until the purchase money and interest shall be fully paid; and which payment if not fully done, on or before the expiration of sixty days after the last payment shall become due, the purchaser shall be taken and considered to have forfeited all right whatever to the property thus sold, as well as the money he may have paid thereon, and the state may proceed to sell the same as though no previous sale had taken place.

SEC. 9. Treasurer-bond and security-condition-money how paid. Before proceeding to a sale of lots as hereinbefore provided, the said commissioners shall select one of their own body as treasurer, and (who] shall give bond and security to the governor in the penalty of ten thousand dollars, to be approved by a judge of one of the district courts, and by him filed with the secretary of state. Said bond shall be conditioned that he shall well and truly account for and pay over all moneys coming into his hands by virtue of his office according to law; and, upon the sale of lots as hereinbefore provided, the money shall be paid into the hands of said treasurer.

SEC. 10. Commissioners' report—where filed. The said commissioners shall, after the termination of the public sale aforesaid, make a full report of all their proceedings in [87] writing to the governor, to be filed in the office of the secretary of state, and thereupon their commission shall terminate.

SEC. 11. Compensation. The commissioners aforesaid shall be allowed the sum of three dollars per day for the time which they shall necessarily be employed in the discharge of the duties of their commission.

SEC. 12. Expenses, how paid-funds, how paid. All necessary and reasonable expenses attending the discharge of the duties herein provided for, shall be allowed and paid out of the funds received at said sale of lots; and the balance of funds in their hands, after paying said demands, shall be paid into the state treasury, and be set apart and preserved, with all funds arising from the sale of lots, for the specific purpose of erecting public buildings.

Approved, February 220, 1847.

CHAPTER 72.

COMMISSIONERS' DISTRICTS.

AN ACT authorizing county commissioners to lay off their counties into county com

missioners' districts.

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

SECTION 1. Counties districted. That the board of county commissioners of the several counties of this state, not heretofore divided into county commissioners' districts, and all counties which may hereafter be organized, be, and they are hereby authorized to lay off their respective counties into county commissioners' districts, which districts shall be numbered first, second and third.

SEC. 2. Commissioners how elected. That the commissioner to be elected at the next election after districting any county, in the manner provided for in

the first section of this act, shall not be a resident of the district in which either of the commissioners whose term of office does not expire at the time of said first election, shall reside; and alternately thereafter, there shall be elected from each district one county commissioner annually, in accordance with the provisions of an act organizing a board of commissioners in each county, approved February 15th, 1843, in like manner as though the county had been divided under the provisions of said act.

SEC. 3. To take effect. This act shall take effect and be in force from and after its publication in the weekly newspapers published in Iowa City.

Approved, February 220, 1847.
Published in the Reporter March 7th, 1847, and Standard, March 18th, 1847.

[88] CHAPTER 73.

DAVENPORT.

AN ACT to repeal the charter of the town of Davenport.

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

SECTION 1. Charter repealed. That an act entitled “An act to incorporate the town of Davenport," approved February 11th, 1842, be, and the same is, hereby repealed, from and after the first day of April next: provided, a majority of the votes polled at the election hereinafter authorized shall be in favor of such repeal.

SEC. 2. Election. Previous to the third Monday in March next the mayor of said town shall appoint three persons to act as judges of election, and shall cause a notice to be served upon such persons so appointed; and on the said third Monday in March a poll shall be opened at the LeClaire House, in said town, for the purpose of determining whether the charter of said town shall be repealed. The said election shall be opened at one o'clock, p. m., and continue open until four o'clock, p. m. The electors shall vote by ballot a ticket with the word “Repeal," or "No repeal," written or printed thereon. At the close of said election the judges shall certify the number of votes polled for and against a repeal of said charter, and shall deliver the same to the clerk of the board of commissioners of Scott county, who shall file the same in his office and enter upon the books of said board the number of votes polled for and against the repeal of said charter.

SEC. 3. Voters. Every person who is a qualified elector for mayor and aldermen of said town, and every white male person above the age of twentyone years who shall, on the said third Monday in March next, be the legal owner of any real estate within the limits of said town, shall be allowed to vote at said election.

SEC. 4. Effect of repeal. The repeal of said act shall not extinguish the debts due to or from said corporation, nor shall the lands and tenements of said corporation revert to the grantor and his heirs, or the goods and chattels thereof be vested in the state thereby; but the mayor, aldermen and other officers who shall be in office under the law creating said corporation on the said first day of April next, shall continue to hold and exercise their said offices respectively for the term of one year thereafter, for the purpose of collecting all debts, taxes and assessments due or owing to said corporation, and for the

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