Изображения страниц
PDF
EPUB

SEC. 12. May appoint supervisors—may tax—may prohibit animals from running at large. That the president and trustees shall have the exclusive power of appointing supervisors and other officers of the streets and highways within the said town, and if, collected in money or labor, any suni not exceeding one dollar annually as a road tax from each and every person liable by law to pay such tax or labor on the highways. They shall have the power whenever the public convenience or safety requires it to prohibit hogs, cattle, horses and all other animals from running at large in the streets, alleys, commons and other public places of said town.

SEC. 13. Money must be paid into town treasury-how disbursed. That all moneys raised, recovered, received or collected by means of any tas. license, penalty, fine forfeiture or otherwise under the authority of this act, or which may belong to said town, shall be paid into the town treasury, and shall not be drawn therefrom, except by order, or under the authority of the president and trustees of said town, and it shall be the duty of the president and trustees of said town to liquidate and settle all claims and demands against said toin, and to require all officers, agents or other persons entrusted with the disbursement or expenditures of the public money (212] to account to them therefor, at such time and in such manner as they may direct; and they shall annually publish for the information of the citizens a particular statement of the receipts and expenditures of all the public moneys belonging to said town, and also of all debts due and owing to and from the same, and the said president and trustees shall have power to pass all such laws and ordinances as may be necessary and proper to carry into effect the powers herein and by this act granted.

SEC. 14. Ordinances, etc., signed and published. That the by-laws and ordinances of said town shall be signed by the president of the board and published in a newspaper in the county, or posted up in some public place in said town six days before the taking effect thereof, and the certificate of the clerk of the board upon the town records shall be evidence not only of the enacting and signing of said by-laws and ordinance, but of the proper publication of the same having been made.

SEC. 15. Justice of the peace, powers and duties—try offenders-jury-fine and imprisonment-costs-process—imprisonment in jail of Jackson countyfees. Any justice of the peace residing within the said town shall have full power and authority, and it is hereby made their respective duties, at such time as complaint and application shall be duly made before either of them, to issue all needful process for the apprehension of offenders against any of the by-laws or ordinances or regulations of said town, and to hold a court for the trial of all offenders within said town, and the same to fine, imprison or discharge as the by-laws, ordinances and regulations of said town and the facts of the case may require, and for that purpose they and each of them are authorized and required, upon demand of either plaintiff or defendant to cause six citizens of said town to be duly summoned and empannelled as a jury, who after hearing the evidence in the case if guilty shall fix the fine and determine the time of imprisonment where discretion is allowed by the laws or ordinances and where no discretion is allowed their verdict shall be “guilty” or “not guilty," and all such offenders, upon conviction shall be liable for the costs of prosecution and judgment shall go accordingly, and in cases of acquital the same shall be paid by the corporation, having first been allowed by the board of trustees of said town. And all process in behalf of said town shall run [213] in the name of the “state of Iowa for the use of the president and trustees of the town of Bellevue," and shall otherwise conform to the requisitions and provisions that may be made by said town, and shall be executed and returned by the marshal

ܕܕ

or any constable residing in said town. And until other provisions shall be made by the said town authorities it shall be lawful to commit all offenders against said by-laws, ordinances and regulations on conviction to the jail or place of confinement used by the county of Jackson, Iowa, and in case where a portion or all of the punishment shall be by imprisonment the keeper of said jail is hereby required to receive such person or persons, on the proper warrant of the justice of the peace into his custody, in the same manner as in ordinany cases, and all expenses of such imprisonment, in cases where the same cannot be collected from the person or persons convicted and imprisoned shall be paid out of said town treasury. The fees of the justice of the peace, marshal, constable or jurors, in such cases shall be the same as are allowed by the statute in similar cases for the state of Iowa, provided, that nothing in this section shall be construed so as to prohibit either party the right of an appeal from the decision of said justice of the peace or the jury as is allowed by the statute in other cases.

SEC. 16. Trial summary-limitation. That all trials for the violation of the by-laws, ordinances and regulations shall be in a summary manner, and that no person shall be deprived of his liberty for the violation of any of the by-laws, ordinances and regulations more than twenty-four hours for any one offence or be fined in any sum greater than twenty dollars unless convicted by a jury as aforesaid. ,SEC. 17. Borrowing of money. That whenever in the opinion of the trustees of said town it is expedient to borrow money for any public purpose, the question shall be submitted to the citizens of the town of Bellevue, the nature and object of the loan shall be stated, and a day iixed for the electors of said town to express their wishes, the like notice shall be given as in cases of elections, and the loan shall not be made unless two-thirds of the votes polled at such election shall be given in favor thereof.

SEC. 18. Meetings of board. That the president and trustees of the town of Belle- [214] vue shall provide for the times and places of holding their meetings, not herein otherwise provided for, which shall at all times be open to the public, and during the sickness or temporary absence of the president the duties shall be discharged by a president “pro tempore,” who shall be obeyed and respected accordingly.

Sec. 19. Revenue—1/4 per cent—duplicate-equalize. That for the purpose of raising a revenue for town purposes, the president and trustees shall have power to levy, assess and collect taxes, on the real and personal property therein; provided, the amount of taxes shall not in any one year exceed the sum of twenty-five cents on the hundred dollars of the value thereof; which value shall be ascertained by an assessor appointed by the board for ihat purpose.

A duplicate of the assessment roll shall be made out and signed by the clerk of said town and delivered to the collector of said town. At the next regular meeting of the board, after the assessment roll shall have been returned for any year the board shall have power to equalize any injudicious assessment on the complaint of any person aggrieved.

SEC. 20. Marshal collect—distress and sale_pay over-manner of selling real and personal property-deed—redemption. That the town marshal shall be the collector of any tax assessed, and he is hereby authorized and required, by distress and sale of personal property, as constables, on execution, to collect and pay over said tax to the treasurer of said town within three months after receiving the duplicate thereof, and the treasurers receipt shall be his voucher. The collector shall make personal demand of every resident charged with tax, and before sale of property for delinquent tax, he shall give ten days written notice of such sale, posted up in three of the most public places in the said town, that if the tax on any lot or piece of land, to discharge which no personal property can be found, shall remain unpaid three months after the expiration of the time allowed the collector for the collection of taxes, then the town marshal shall give thirty days notice, by publication, or by posting up written notices in three of the most public places in said town, that he will at the next term of the district court, for Jackson county, Iowa, apply for judgment and order of sale against said lots and pieces of land for the amount of taxes unpaid, and shall take in all other respects the same steps as are [215] prescribed by law to be taken by the county collector for the collection of delinquent county taxes, except that notice of sale, &r., may be yiren either by publication in the r:earest newspaper or written notice as above; the lots or pieces of land shall be sold in like manner, and the same consequences as though sold for delinquent county taxes, except as herein otherwise provided. And if for any cause they shall not then be sold at the proper.time, they may be sold the following or any subsequent year, in the same manner, and with the same consequences as is above contemplated; and upon such sale being made as aforesaid, the marshal shall give a certificate of purchase to the purchaser thereof, and at the expiration of two years from said sale, shall execute his deed for the land or lots thus sold to said purchaser: provided, said land or town lots may be redeemed in the meantime by the owner thereof paying the taxes and costs thereon, with interest at the rate of fifty per cent.

SEC. 21. Judgment in the dist. court how obtained-docket entry. And it is hereby made the duty of the clerk of the district court of Jackson county, upon the application of the town marshal for judgment against said town lots or pieces of land for delinquent taxes, to receive and record the report of said marshal, together with the certificate of publication of notice, in the same book kept for like purposes for delinquent county taxes, and shall also enter in such book all judgments, orders, and other proceedings of the court in relation thereto, and shall keep and preserve the same as a part of the record of the court, and the said clerk shall place the said report and certicate of said marshal on the common law docket for the term, in the following form to-wit: State of Iowa, for the use of the president and trustees of the town of Bellevue,

Suit for taxes. against John Roe, et al. SEC. 22. Court to hear defense render judgment etc.-order of sale. Anul it shall be the duty of said court, upon calling the common law docket for said term, if any defense be offered by any of the owners of said town lots or pieces of land so reported, or by any person having a claim or interest therein, to hear and determine the same in a summary way, without pleadings; and if no defense be made the said court [216shall pronounce anii render judgment upon said town lots or pieces of land for amount of taxes. interest and costs, and shall thereupon direct the clerk of said court to mak out and issue a similar order for the sale of the same, as that in like cases for the sale of land for delinquent county taxes.

SEC. 23. Public act-repeal. That this act shall be taken received in all courts by all judges, magistrates and other public officers, as a pnhlic act, and all printed copies of the same, which shall be printed by or under the authority of the senate and house of representatives shall be admitted as good authority thereof without any other proof whatsoever. That all acts and parts of acts heretofore passed relative to the incorporation of said town of Bellevue, be and the same are hereby repealed.

Approved, February 5, 1851.

CIIAPTER 89.

APPROPRIATION.

AN ACT making appropriations for the support of the state government for the

fiscal years of 1851 and 1852.

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

SECTION 1. Appropriation for support of state government. That the fol. lowing sums of money be, and the same are appropriated to defray the expenses of the state government for the fiscal years of eighteen hundred and fifty-one and eighteen hundred and fifty-two to be paid out of any money's not otherwise appropriated, as follows:

SEC. 2. Salary of governor. For the salary of governor of the state, two Thousand dollars.

Contingent expenses. For contingent expenses of the governor's office six hundred dollors.

Salary of secretary. For salary of secretary of state, one thousand dollars.

Contingent expenses. For contingent expenses of secretary's office, four hundred dollars.

Salary of auditor. For salary of auditor of state, one thousand two hundred dollars.

Contingent expenses. For contingent expenses of auditor's office, four hundred dollars.

[217] Salary of treasurer. For salary of treasurer of state eight hundred dollars.

Contingent expenses. For contingent expenses of treasurer's office, four hundred dollars.

Salary of superintendent of public instruction. For salary of superintendent of public instruction, two thousand and four hundred dollars.

Contingent expenses. For contingent expenses of superintendent's office, five hundred dollars.

Salary of supreme judges. For salary of the judges of the supreme court, six thousand dollars.

Contingent expenses of supreme court. For contingent expenses of suipreme court, one thousand dollars.

Salary of district judges. For salary of the judges of the district court, twelve thousand dollars.

Salary of librarian. For salary of librarian, three hundred dollars.

Contingent expenses. For contingent expenses of librarian's office, one hundred and twenty-five dollars.

General contingent fund. For general contingent fund, two thousand dollars.

SEC. 3. Officers to report to general assembly how paid. That the governor, secretary, auditor, treasurer, superintendent of public instruction and librarian are required to report each the several items of expenditures they may pay out of the contingent fund to the general assembly.

Approved, February 5, 1851.

CHAPTER 90.

BRIDGE.

AN ACT respecting the bridge across English river on the military road.

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

SECTION 1. Bridge released to Washington county-repair-revert to the state. That all title and interest of the state of Iowa, in the bridge across English river on the military road in Washington county, is hereby released to said Washington county, and the board of commissioners of said county (or their successors in authority) are hereby authorized to repair the bridge, and erect gates thereon, and receive toll from persons passing over the same, at a rate not exceeding the rate now [218] authorized for ferrying across Skunk river in Washington county; provided, however, that if at any time the state of Iowa shall refund to the said county the amount expended by them in repairing said bridge, then said bridge, and all rights hereby granted shall revert to said state of Iowa.

SEC. 2. To take effect. This act to take effect from and after its passage. Approved, February 5, 1851.

CHAPTER 91.

GENERAL APPROPRIATIONS.

AN ACT to provide for the compensation of members, officers and printers of the

general assembly and for other purposes.

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

SECTION 1. Appropriation. That the following sums are hereby appropriated out of any moneys in the hands of the treasurer of state, for the following purposes, viz:

SEC. 2. Pay and mileage of members of house representatives. For pay and mileage of members of the house of representatives for the term of fifty days, four thousand six hundred and thirty-six dollars.

SEC. 3. Pay of the chief clerk. To C. C. Rockwell for services as chief clerk two hundred and eighty-eight dollars.

Assistant clerk. To J. Smith Hooton for services as assistant clerk, two hundred and eighty-eight dollars.

Enrolling clerk. To J. B. Bowen for services as enrolling clerk ninety. six dollars.

Messenger. To L. D. Kent for services as messenger one hundred and thirty-two dollars.

Sergeant at arms. To John Fitzpatrick for services as sergeant-at-arms one hundred and thirty-two dollars.

Fireman, etc. To Thomas S. Green for services as fireman and amount paid for chopping wood one hundred and sixty-five dollars.

Speaker extra pay. To George Temple for extra pay as speaker of the house of representatives one hundred and thirty-two dollars.

« ПредыдущаяПродолжить »