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CHAPTER 58.

FŒTICIDE.

AN ACT for the punishment of Fæticide.

SECTION 1. Be it enacted by the General Assembly of

and fine for this

the State of Iowa, That every person who shall wilfully Imprisonment administer to any pregnant woman, any medicine, drug, crime. substance or thing whatever, or shall use or employ any instrument or other means whatever, with the intent thereby to procure the miscarriage of any such woman, unless the same shall be necessary to preserve the life of such woman, shall upon conviction thereof, be punished by imprisonment in the county jail for a term of not exceeding one year, and be fined in a sum not exceeding one thousand dollars.

Approved March 15th, 1858.

Penalty.

CHAPTER 59.

PRACTICE IN THE SUPREME COURT.

AN ACT in regard to practice in the Supreme Court of Iowa.

right to argue

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in all causes now or hereafter pending in the Supreme Court of this State, that either Att'ys have the the parties or their Attorneys shall have the right to appear and argue their causes orally or in writing, as they may deem proper.

rally.

heard at the

their causes are

SEC. 2. That the said Court shall hear all the causes Parties shall be docketed from the several Districts when not continued term for which by consent of parties or for cause shown, and if the time set for hearing. alloted for hearing causes from any District shall not be sufficient, the same shall be heard in the time allotted for the succeeding District.

SEC. 3. This act shall be in force from and after its Take effect.

publication in the Tri-Weekly Citizen and Iowa State Journal.

Approved March 15th, 1858.

I hereby certify that the foregoing Act was published in the Tri-Weekly Citizen March 20th, 1855, and in the Iowa State Journal March 20th, 1558.

ELIJAH SELLS,

Secretary of State.

CHAPTER 60.

LOAN TO KEOKUK MEDICAL COLLEGE.

AN ACT authorizing a loan from the School Fund to the College of Physicians and
Surgeons, at Keokuk, known as the Medical Department of the University of the
State of Iowa.

Treas'r authoriz

000 from school fund.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Treasurer of the State be and ed to loan $15, hereby is authorized to loan to the College of Physicians and Surgeons at Keokuk, known as the Medical Depart ment of the University of the State of Iowa, the sum of fifteen thousand dollars out of the School Fund for the term of ten years, at the rate of ten per cent. interest per annum, said interest to be made payable at his office on the first day of January in each year.

mortgage real estate.

on

SEC. 2. The said sum or any part thereof shall not Loan secured by be loaned until the payment of the money thus authorized to be loaned and the interest thereon, shall have been secured by promissory note executed by the loanee with two good sufficient sureties, and by mortgage on real estate of the clear unincumbered value of double the amount of the money to be thus loaned, and of the value of at least twenty thousand dollars exclusive of perishable improvements.

Appraisers ap:

SEC. 3. The value of real estate proposed to be given pointed to value in security for the money to be loaned as herein provisecurity. ded, shall be fixed by three appraisers under oath, to be appointed by the Governor of the State of Iowa.

SEC. 4. No real estate shall be received as security until the title to the same has been examined by the At

by Att'y Gen'l.

torney General and found to be complete and perfect in Title examined the corporation or person executing the mortgage.

SEC. 5. Said appraisement and examination shall be No expense to made without expense to the State.

State.

SEC. 6. So much of the Act entitled "An Act provi- Conflicting law ding for the distribution of the five per cent fund passed repealed.

by the Sixth General Assembly and approved January

28th, 1857, as conflicts with this Act, be and the same

is hereby repealed.

SEC. 7. This act shall be in force from its publica- Take effect. tion in the Tri-Weekly Citizen and Tri-Weekly Iowa State Journal.

Approved March 15th, 1858.

I hereby certify that the foregeing Act was published in the Iowa Weekly Citizen on eh day of March, 1555, and in the Iowa State Journal on the 27th day of March, ELIJAH SELLS,

Secretary of State.

CHAPTER 61.

GRAVE YARD IN BLOOMFIELD.

AN ACT to amend Chapter 256 of the session Laws of 1556-7, approved January 29th, 1557.

of lots repealed.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That so much of section five of said Appraisement Chapter as reads as follows, to-wit: "but in no case to be sold for less than the appraised value thereof-such value to be fixed by three disinterested persons appointed by said Judge for that purpose," be and the same are repealed.

SEC. 2. This act to be in force from and after its publication in Ward's Own, a weekly newspaper published in Bloomfield, Iowa, and in the Appanoose Chieftain, a weekly newspaper published in Centreville, Appanoose county, Iowa, without expense to the State. Approved March 15th, 1858.

I hereby certify that the foregoing Act was published in Ward's Own on the 25th of
March, 1558, and in the Appanoose Chieftain on the 6th day of April 1858.

ELIJAH SELLS,
Secretary of State.

Go into effect.

pay bounty for scalps.

CHAPTER 62.

WOLVES, LYNX AND WILDCATS.

AN ACT allowing a bounty upon the scalps of certain animals.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the County Judge of any county Co. Judge shan in this State shall hereafter allow the following bounty upon scalps of the Prairie Wolf, Lynx and Wild-Cat: one dollar and fifty cents on each scalp; the large species of Wolves known as the Timber Wolf, three dollars each, said bounty in each case above named to be paid out of the county treasury of the county in which said scalp of Wolf, Lynx or Wild-Cat was taken.

in ten days.

SEC. 2. The person claiming a bounty, shall produce Scalp produced the scalp or scalps, with the ears thereon, within ten days after the same shall have been taken, to the County Judge or Justice of the Peace of the county wherein such Wolf, Lynx or Wild-cat may have been taken and killed. It shall be the duty of the County Judge or Scalp defaced. the officer before whom such scalp was produced, to so deface the scalp when produced, as to prevent the use of the same to obtain the bounty herein provided for the second time.

Statement made under cath.

Take effect.

SEC. 3. No person shall receive any of the sums aforesaid, until he shall have sworn or affirmed to a statement of fact showing him entitled to such bounty. SEC. 4. This act to take effect from and after its publication according to law.

Approved March 15th, 1858.

CHAPTER 63.

THE DESCENT OF PROPERTY.

AN ACF to Repeal Sections 1410 and 1411 of the Code prescribing the descent of property.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Sections 1410 and 1411 of the

Code modified.

of

Code are hereby repealed, and that the descent of prop- Provisions of erty as prescribed by these provisions of the Code be modified as follows:

SEC. 2. If the intestate leave no issue, the one half

ded between

of his estate shall go to his parents and the other half to Estate to be divihis wife; it he leave no wife, the portion which would parents and wife have gone to her shall go to his parents.

Surviving parent

of both.

SEC. 3. If one of his parents be dead, the portion which would have gone to such deceased parent, shall takes the share go to the surviving parent, including the portion which would have belonged to the intestate's wife had she been living.

One half of the estate to

ents.

to

SEC. 4. If both parents be dead, the portion which would have fallen to their share or to either of them by the heirs of par the above rules, shall be disposed of in the same manner as if they or either of them had outlived the intestate and died in the possession and ownership of the portion thus falling to their share or to either of them, and so on, through ascending ancestors and their issue.

have a life es

SEC. 5. If the mother be the surviving parent as contemplated in section three of this act, she shall take mother only to only a life estate in the intestate's property, and after tate. her death it shall go to the children of her body, if there be any, had by her deceased husband, he being the father of the intestate. If there be no such children, nor issue of such children in the descending line, then the intestate's property shail be divided between the nearest heirs of the father and mother of the intestate, share and share alike, and after such distribution is made divided equally the same rules shall be applied to any further distribution relations. thereof, as are prescribed in this act.

Approved March 15th, 1858.

Property to be

among nearest

CHAPTER 64.

DIVORCE AND ALIMONY.

AN ACT to amend the law in relation to Divorce an 1 Alimony.

SECTION 1. Be it enacted by the General Assembly of

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