wherein said lands are situated at any time within thirty days after said decision; but such appeal shall not delay the prosecution of work upon said road: provided, the company shall first have paid or tendered the amount adjudged by said freeholders; and in no case s all the company be liable for costs on appeal unless the appellant recover a greater amount of damages [204] than first awarded. But the company shall in all cases pay costs made previously to an appeal.

SEC. 3. Non-residents.-Notice, etc.-Proceedings same as sec. 2. And be it further enacted, That if upon the location of said road, it shall be found to run through the lands of any non-resident proprietor, the said company or their assigns, shall give five weeks notice to each proprietor if known, and if not, by a description of such lands by publication in some newspaper printed in the city of Keokuk or Iowa City, that said road has been located through his or her lands, and if such proprietors shall not apply to such district judge within thirty days thereafter, to have their damages assessed, in the mode prescribed in the preceding section, said company or their assigns, shall provide in the same manner to have the damages assessed; and upon the payment of the damages so assessed, the company thereby shall acquire all rights, privileges and immunities in said third section mentioned.

Approved, February 5, 1851.

CHAPTER 86.

B. S. BRYAN.

AN ACT to authorize Benjamin S. Bryan, a minor, to sell and convey a lot in the town of Cedar Rapids.

Preamble. Whereas, Benjamn S. Bryan a minor, holds and is possessed of a lot in the town of Cedar Rapids, known as lot No. (7) seven in block (31) thirty-one, as designated in the recorded plat of said town, and whereas the said Bryan desires to sell and convey said lot, and it is desirable and important that such sale and conveyance should be legal and valid. Therefore

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

B. S. Bryan authorized to sell lot-Legalized. That the said Benjamin S. Bryan, a minor as aforesaid, is hereby authorized to sell and convey the said lot in the town of Cedar Rapids, known as lot (7) seven in block (31) thirty-one, as designated in the recorded plat of said town. and the said sale and conveyance be and are hereby declared [205] good and valid in law, to the same extent as if the said Bryan was of legal age. SEC. 2. Take effect. This act to take effect and be in force from and after its passage.

Approved, February 5th, 1851.

CHAPTER 87.

PENITENTIARY.

AN ACT to provide for the completion of the penitentiary.

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

SECTION 1. Completion of Penitentiary. That the inspectors of the Penitentiary are hereby directed, as fast as the funds at their disposal will permit, to provide for completing the exterior wall and roof of the Penitentiary, constructing the requisite number of cells, and such other appendages of the establishment as they may think expedient.

SEC. 2. Appropriations. To furnish the means necessary for this purpose, sufficient amount, not exceeding ten thousand dollars, be and the same is hereby appropriated out of the state treasury, from time to time, as fast as required.

SEC. 3. How drawn. The money hereby appropriated must remain in the state treasury until needed. It shall be drawn out on an auditors warrant, founded on an order of the inspectors, or any two of them.

SEC. 4. Report. The inspectors must report to the governor, showing the condition of the work, and the amounts expended; and they shall, at the same time, forward a particular statement of their accounts, showing the items of expenditures, which shall be filed in the office of auditor of state. SEC. 5. Take effect. This act shall be in force from and after its publication in the "Iowa Capital Reporter."

Approved, February 5th, 1851.

Published in the Iowa Capital Reporter February 26th, 1851.

[206] CHAPTER 88.

BELLEVUE.

AN ACT to incorporate the town of Bellevue, in Jackson county.

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

SECTION 1. Boundaries.-Incorporated.-Name and style.-Powers. That all that portion of the State of lowa heretofore embraced within the corporate limits of the town of Bellevue, as surveyed and laid out by the commissioners appointed in pursuance of an act of congress to lay off the towns of Burlington, Fort Madison, Dubuque, etc., viz: fractional section eighteen, in township eighty-six, north of range No. 5 east of the 5th principal meredian, shall be, and hereby is declared to be a corporate town, and the inhabitants thereof shall be and hereby are created a body corporate and politic, with perpetual succession, by the name and style of the "president and trustees of the town of Bellevue," and as such by that name shall be capable in law of contracting and being contracted with, sueing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, in all matters whatsoever of law and equity, and also of purchasing, using, occupying, enjoying and conveying real, personal

and mixed estate, and may have and use a corporate seal, and may change, alter and renew the same at pleasure, and shall be competent to have, exercise and enjoy, all the rights, immunities, powers and privileges, and be subject to all the duties and obligations incumbent and appertaining to a body corporate and politic, and for the better ordering and governing said corporate body, the exercise of the corporate powers of the same hereby and herein granted, and the administration of its fiscal, prudential and corporate concerns, with the conduct, direction and government thereof, shall be vested in five trustees to be chosen as hereinafter provided, together with such other officers as are hereinafter mentioned and provided for.

SEC. 2. Corporate authorities, their powers, duty and liabilities. That the said president and trustees of the town of Bellevue, shall be and are hereby invested as the lawful [207] owner and proprietor, with all the real, personal and mixed estate, and all the rights and privileges thereof, together with all the property, revenues and funds, and all the moneys, debts, accounts and demands, due and owing or in anywise belonging to the president and trustees of the town of Bellevue, or which by or under the authorities of any former act or acts, have been acquired, vested in, or is, or may be owing or belonging to the president and trustees of the town of Bellevue, and all rights, interests, claims and demands, in favor of or against the president and trustees of the town of Bellevue, may be continued, prosecuted, defended and collected in the, same manner as though this act had never been passed.

SEC. 3. Election of trustees-president-quorum.-judges of election, etc. term-powers and duties. That the qualified electors of said town shall, on the first Monday in May, A. D. 1851, and annually on the same day thereafter, elect five trustees, who shall have the qualification of electors, and reside within the corporate limits of said town, who, when assembled together and qualified, shall choose a president out of their own body, who shall as aforesaid, constitute the president and trustees of the town of Bellevue, a majority of whom shall be necessary to constitute a quorum for the transaction of business; they shall be judges of the election returns and qualification of their own members, and shall continue in office for the term of one year and until their successors shall be chosen and qualified. They shall determine the rules of their proceedings, and keep a record thereof, which shall be open to the inspection of every citizen; and may compel the attendance of absent members in such manner and under such penalities as they may prescribe, and they shall meet in some convenient place in said town on the first Monday in every month: Provided. The president or any two of the trustees may call a special meeting of the board whenever in his or their opinion the same may be deemed necessary, specifying in a written notice for said meeting, the time and object thereof. They may employ a clerk whose duty it shall be to make a correct record of all the proceedings and doings of said board of trustees: provided, that a failure to elect on said day shall not forfeit the [208] charter, but an election may be held on any subsequent day pursuant to notice in manner heretofore provided.

SEC. 4. .Treasurer and marshal-bonds. That there shall be elected by the qualified electors of said town, on the first Monday in May, A. D. 1851, and annually on the same day thereafter, a treasurer and a marshal, who shall hold their respective offices for the term of one year, and until their successors are duly elected and qualified. They shall perform such other duties, and exercise such powers as may be lawfully required of them by the regulations and ordinances of the said town. They shall severally give bonds made payable to the president and trustees of said town, and their

successors in office, with good and sufficient securities in such sum as may by the president and trustees, be deemed advisable, and a clause shall be inserted therein, that if at any time additional security be required the same shall be given; the condition of such bonds shall be that the said treasurer or marshal shall safely keep and pay over to its proper account all money coming into their hands by virtue of their said offices, and shall faithfully discharge the duties thereof.

SEC. 5. Notice of elections-polls-oath of office-vacancy. That in all elections for town officers, it shall be the duty of the president and trustees of said town, to issue or cause to be issued notice thereof, setting forth the time of such election, the place where the same shall be holden, the officer or officers to be chosen, and cause such notice to be posted up in three of the most public places in the town at least ten days previous to such election; and at ai! such elections the president or two of the trustees, shall sit as judges, and the town clerk, or in his absence, some one of the trustees pro tempore, shall sit as clerk; and at all such elections the polls shall be opened at 12 o'clock, M., and close at 4 o'clock P. M., of the same day, and at the close of the polls the vote shall be counted, and a statement thereof proclaimed at the door of the house in which the election was held, and the persons elected shall within ten days thereafter, take an oath to support the constitution and laws of the United States and of this state, and an oath of office, a certificate of which shall be deposited with the clerk, and by him placed on file and preserved. It shall be the duty of the president and trustees [209] to prescribe the time and manner, and provide the place of holding all elections in said town, and making returns thereof not otherwise herein directed and prescribed. Should the office of trustee, treasurer or marshal become vacant by failing to qualify or in any other manner, it shall be the duty of the president and trustees to fill the same by appointment until the next annual election.

SEC. 6. Qualification of voters. That each and every white male citizen who shall have resided in the town of Bellevue, for six months next preceding any election for officers, or for any other purposes and is a qualified voter for state and county officers, shall be deemed a qualified voter'at such town election, and when any person shall present himself to give his vote and either of the judges shall suspect such person does not possess the requisite qualification of an elector, or if his vote shall be challenged by any elector who has previously given his vote at such election, the judges of such election shall administer to such person an oath that will test his qualification as a voter.

SEC. 7. Ineligible to office or contract. That no member of the board of trustees shall be eligible to any office within the gift of said board during the year for which he may have been elected, nor shall any member of said board be interested directly or indirectly in the profits of any contract or job for work or services to be performed for the said town.

SEC. 8. Duty of president. That it shall be the duty of the president of said board to be vigilant and active at all times, in causing the laws and ordinances of said town to be duly executed, he shall sign all by-laws and ordinances adopted and passed by the board of trustees, and see that the same are published six days before they go into effect. He shall preside when present at the meetings of said board and be denominated the presi dent of the same and when there is a tie he shall give the casting vote; he shall do and perform such other duties as the said board of trustees may prescribe and determine, not inconsistent with the provisions of this

act.

SEC. 9. Duty of treasurer, marshal, etc.-liabilities. That the treasurer and marshal and all other officers under the government of said town, shall before entering upon the duties of their respective offices, take a similar oath to that herein before prescribed for trustees. The said treasu-[210] rer, marshal and other officers shall respectively be allowed such fees and compensation for their services, and be liable to such fines, penalties and forfeitures, for negligence, carelessness, misconduct in office and positive violation of duty, as the board of trustees shall order and determine.

SEC. 10. Ordinances made and published. That the said president and trustees shall have power and it is made their duty, to make out and publish from time to time, all such ordinances as shall be necessary to secure said town, and the inhabitants thereof, against injuries by fire thieves, robbers, burglars and all persons violating the public peace; for the suppression of riots, and gambling and indecent, and disorderly conduct, for the punishment of all lewd and lascivious behavior, in the streets and other public places in said town, they shall have power from time to time to make and publish all such laws and ordinances as to them shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of the said town, and the inhabitants thereof, to prevent and compel the abatement and removal of nuisances within the limits of said town, to impose fines, torfeitures and penalties on all persons offending against the laws and ordinances of said town, and to provide for the prosecution, recovery and collection thereof, and shall have power to regulate by ordinance the keeping and sale of gunpowder in said town.

SEC. 11. President and trustees to make ordinances to regulate and license groceries, exhibitions, etc., or may probhibit the same-may revoke. That the president and trustees of said town, shall have power and it is hereby made their duty to regulate by good and wholesome laws and ordinances, ale, beer, and porter shops, and places where spirituous liquors are sold in less quantities than one gallon, and all other houses of public entertainment in said town, all theatrical exhibitions and public shows, and all exhibitions of whatever nature or name, to which admission is obtained by payment of money or any other reward, and to impose reasonable fines and penalities for the violation of any such laws or ordinances, and said town shall have full and exclusive power to grant or refuse license to keepers of ale, beer and porter shops, retailers of spirituous liquors in less quantities than one gallon, and all other houses of public entertainment, showmen and mana-[211]gers of theatrical exhibitions and other exhibitions for money or other reward, dealers in goods, wares and merchandise-auctioners for sale of goods, wares and merchandise, horses and cther animals at public auction, keepers of billiard tables, ball and ten pin alleys and in granting any such license it shall be lawful for said town to exact, demand and receive such

or sums of money as they shall think reasonable and expedient, to annex thereto such terms and conditions in regard to time, place and other circumstances under which said license shall be acted upon, as in their opinion the peace, and quiet and good order of society in said town may require. For the violation of said terms and conditions the said town shall have power to revoke or suspend any such license whenever the good order and welfare of said town may require it, in such manner as shall be provided by ordinance. Said town shall have power to establish and regulate markets; to regulate and license all carts, wagons and drays and every description of two and four wheeled carriages that may be kept in said town for hire, and all livery stables.