596 said company or their representative, shall give four weeks notice to each proprietor if known, and if not known, by a description of such lands, by publication in some newspaper printed in Dubuque, that said road has been located through such lands, and if such proprietor shall not apply to such district judge within thirty days thereafter, to have the damages assessed in the mode prescribed in the preceding sections, said company or their representatives, shall proceed in the same manner to have the damages assessed as in section second, subject to the same right of appeal; and upon the payment of the damages so assessed, said company thereby shall acquire all rights, privileges and immunities, mentioned in said second section. SEC. 4. Take effect. This act to be in force from and after its publication according to law. Approved, February 5, 1851. [166] CHAPTER 67. FORT MADISON. AN ACT to amend an act, entitled "an act to incorporate and establish the town of Fort Madison, and for revising and repealing all laws, and parts of laws, heretofore enacted on the subject." Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Corporation authorized to take stock-may borrow money. That the corporate authorities of the said town of Fort Madison, be and they are hereby authorized to take stock, not exceeding ten thousand dollars, in the Fort Madison, West Point and Salem plank road, and that for such purpose the authorities aforesaid, are hereby empowered to make a loan not exceeding that amount: provided, the time for the payment of the principal of such loan shall exceed fifteen years. SEC. 2. May issue bonds-payment of interest. For the purpose of borrowing money as prescribed in the foregoing section, the authorities aforesaid, may issue bonds to the amount aforesaid, bearing such interest as they may deem advisable, not to exceed ten per cent per annum, which interest shall be paid annually by the treasurer of said corporation, out of the dividends accruing to said corporation from the proceeds of said plank road, and the deficiency, if any existing, in the amount of the said proceeds for the payment of the interest aforesaid, shall be made up from a fund to be raised by the assessment and levy of a tax upon all property within the corporation subject to taxation in other cases, and at the same time; but the rate of such assessment shall not exceed one quarter of one per cent upon the valuation of such property for state and county purposes. SEC. 3. Before making loan question to be submitted to a vote. Before any loan shall be made, or money borrowed, as implied in section second hereto, the authorities of said town shall give written notice for ten days, by having the same posted up in two of the most conspicuous public places in each ward of said town, that an election, to be conducted as other town elections under the charter, will be held by the qualified voters, at the usual places of holding elections in [167] each ward for the purpose of deciding by ballot whether such loan shall be made, and if a majority of all the votes cast are in favor of the loan, then the authorities shall proceed to issue and sell the bonds of the corporation as above stipulated; but if a majority of the votes cast at such election be against such loan, said authorities shall take no further action in the premises for the term [of] three months, when they may, at their discretion, order another election for the same purpose and under the same regulations. SEC. 4. Supervisor, the town, his powers and duties. That the supervisor, appointed by the authorities of said town, shall enter into bond with two or more sufficient sureties in an amount to be prescribed by said authorities, to the mayor and aldermen, for the faithful discharge of the duties of his appointment, and that such supervisor shall be responsible to the authorities aforesaid in the same manner that supervisors of townships are responsible; and that in the work required by him on the roads leading from said town, and within one mile from the boundaries thereof, he shall have power to call out all persons liable for two days labor on the roads, residing within one mile as aforesaid, to work on the same conjointly with those who may be required to work on said roads from within the corporation, and his receipt to any such person for such labor, shall be good against any claim on such person for his said two days labor on the roads, for the proper year for which the work was required. SEC. 5. Remain. The duties of the supervisor of the corporation, shall remain as heretofore, except when expressly changed by this act. SEC. 6. Prohibition. Nothing in this act, or the one to which this is amendatory, shall be construed so as to give the corporate authorities of said town any authority to lease, or to make any permanent erection of any building or buildings, in or upon either of the public squares lying within and granted to said town, nor to interfere with their right or duty to fence, grade ornament, or otherwise improve said public squares. SEC. 7. Take effect. This act to take effect and be in force from and after its publication in the "Iowa Statesman," at the cost of the town of Fort Madison. [168] SEC. 8. Repeal. All parts of the act to which this is amendatory, as conflict with the provisions of this act, are hereby repealed. Approved, February 5, 1851. CHAPTER 68. DISTRICT COURT. AN ACT to attach certain counties to the fifth judicial district; and fixing the terms of the district courts, in the fifth and sixth judicial districts. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Counties attached to 5th district. That the counties of Guthrie, Greene, Fox, Yell, Risley, Hardin, Wright, Humbolt, Pocahontas, Palo Alto, Kossuth, Hancock, Winnebago, Bancroft and Emmett, be, and the same are hereby added to, and made a part of, the fifth judicial district. SEC. 2. Time of holding courts-Marion-Polk-Dallas-Madison-Warren-Monroe-Appanoose Jasper-Boone-new counties. That the district courts shall be held in said district as follows: In Marion county, on the first Monday in February; and the first Monday in September. In Polk county, on the first Monday in March; and the second Monday in September. In Dallas county, on the third Monday in September. In Madison county, on the fourth Monday in September. In Warren county, on the first Monday after the fourth Monday in September. In Monroe county, on the first Monday in May; and the second Monday after the fourth Monday in September. In Appanoose county on the second Monday in May; and the third Monday after the fourth Monday in September. In Jasper county, on the fourth Monday in May. In Boone county, on the first Monday in October. In any new county organized, or to be organized in said district, at sucn times and places as the judge of the district shall appoint, until further provided for. SEC. 3. Returns. All matters pending in or returnable to the terms here[169] tofore fixed by law shall be deemed pending in and returnable to the terms hereby appointed. SEC. 4. 6th district-Pottawattamie-Fremont-new counties. In the sixth disrict: In Pottawattamie county, on the first Monday in May; and the first Monday in October. In Fremont county, on the third Monday in May; and the third Monday in October. In any new county, organized, or to be organized, in said sixth district; at such times, and places, as the judge of the district, shall appoint, until further provided for. SEC. 5. Take effect. This act to take effect from and after its publication in the "Iowa Star" and "Des Moines Republic." Approved, February 5, 1851. Published in the "Iowa Star" Feb. 13th, and the "Des Moines Republic" February 20th, 1851. CHAPTER 69. SWAMP LANDS. AN ACT in relation to the swamp lands within the state of Iowa. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Commissioner to secure swamp lands. That the commissioner of the state land office is authorized to take such steps as he thinks necessary, in order to secure to the state, the swamp lands granted by the act of congress of the 28th of September, 1850, entitled "An act to enable the state of Arkansas and other states, to reclaim the swamp lands within their limits." SEC. 2. Commissioner to direct county surveyor to examine, etc. For this purpose the commissioner when he has reason to believe there is any tract of swamp land within this state not reported as such by the United States surveyor, sufficient to justify a more particular examination, he shall direct the county surveyor of any county, in which said lands may be located, to make the examination, and provide the proofs necessary to secure such lands to the state, a list of which [170] shall be returned to the land commissioner. or the authority acting in that capacity, verified by affidavit, for which services the surveyor is entitled to two dollars per day for each and every day actually employed; and for the purposes of this act, any unorganized county attached to another for election purposes in which an election precinct is organized, is declared to be a part of such organized county. SEC. 3. Duties devolve on the governor. Previous to the election and qualification of the commissioner of the land office, the duties above prescribed shall devolve upon the governor, whose duty it shall be to procure from the surveyor general's office a list of the lands returned to that office as swamp lands, and take other steps in the premises as in his opinion are necessary to secure the best interests of this state. SEC. 4. Compensation how paid. All compensation for services rendered, or expenses incurred, in carrying out the provisions of this act, must be made out of the proceeds of the sales of the said swamp lands. SEC. 5. Surveyor may contract for levies, etc. Subject to the approval of the governor, the county surveyor is authorized to contract with individuals or companies for making the levies or drains necessary to reclaim any of the swamp lands of the state, by giving them a portion of the lands thus reclaimed or a portion of the proceeds thereof. SEC. 6. Commissioner may dispose of lands. The commissioner may dispose of any of the swamp lands of the state, for such price as he may think them worth, as herein provided; for the purpose of ascertaining said value, the county surveyor and sheriff in any county in which such lands are located, may upon the direction of the commissioner, appraise such lands in such manner as the school lands are now appraised, for which they are to receive a sum not exceeding two dollars per day each, for all the time actually and necessarily expended in making examination and appraisement. SEC. 7. Proceeds. The proceeds of the sales of such lands after paying all expenses incurred in selecting, appraising, selling and reclaiming such lands as are deemed worthy of reclaiming, shall be paid into the state treasury, subject to the disposition of the general assembly. SEC. 8. Take effect. This act shall take effect and be in force from and [171] after its publication in the "Iowa Capital Reporter" and "Iowa City Republican." Approved, February 5th, 1851. Published in the "Iowa Republican" February 19th, and "Iowa Capital Reporter," Feb. 26th, 1851. CHAPTER 70. AGRICULTURE. AN ACT for the encouragement of agriculture. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Agricultural society entitled to money out of state treasury. That every incorporated county agricultural society now existing or hereafter to be organized according to law within this state, as soon as it raises an amount not less than twenty-five dollars, to be expended by such society for the encouragement of agriculture, will be entitled to a like amount out of the state treasury. But not more than fifty dollars in any one year shail be paid to the same society. SEC. 2. File certificate. Every such society claiming the allowance aforesaid, must file in the auditor's office a certificate signed by its president and secretary specifying under the oath of one or both such officers the sum actually raised by the society, and state also the precise application of all sums, (if any) which were expended by such society for the encouragement of agricultural enterprize during the previous year. SEC. 3. If not properly expended auditor to withhold. If such statement shows that the money previously obtained from the state treasury, (if any) was expended for the purpose herein contemplated, or if money has previously been obtained from the state treasury, the auditor shall issue his warrant for the proper amount. If the statement is incomplete he shall withhold the warrant until it is amended, and if it shows that the funds previously obtained together with an equal amount were not expended as herein contemplated, he shall withhold the warrant altogether. Approved, February 5th, 1851. [172] CHAPTER 71. ROAD PETITIONERS IN JACKSON COUNTY. AN ACT authorizing the county commissioners of Jackson county to require the petitioners to pay expenses for locating roads. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Petitioners to give bond for payment of expenses. That hereafter the commissioners of Jackson county, are authorized, and it is hereby made their duty, to refuse to grant the location, or relocation, view, or review, of any road or roads in said county, unless the applicants will enter into bonds satisfactory to said commissioners, to pay all expenses arising therefrom. SEC. 2. Expenses not to be paid by county. No person hereafter engaged or employed, in locating or relocating; viewing or reviewing any road or roads, in said county, shall receive any compensation for such services from the county treasury; provided, that the provisions of this act shall in no case apply to roads, the location, or relocation of which, may be authorized by the state. SEC. 3. Take effect. This law to take effect and be in force from and after its passage. Approved, February 5, 1851. CHAPTER 72. FREE NEGROES. AN ACT to prohibit the immigration of free negroes into this state. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Prohibited from settling in this state. That from and after the passage of this act, no free negro or mulatto, shall be permitted to settle in this state. |