district of this state, at which time the county officers of said county shall be elected, and also two justices of the peace and two constables for each precinet in said county.

SEC. 3. Duty of sheriff-proviso. That it shall be the duty of the organizing sheriff of said county, to give at least ten days' notice of the time and places of holding such special election, by posting up at least three written or printed advertisements, in at least three of the most public places in each precinct in said county, grant certificates of election, and in all respects discharge the duties required by law to be performed by clerks of the boards of county commissioners in relation to elections, until a clerk of the board of county commissioners for said county, may be elected and qualified: provided, that it shall not be necessary for said sheriff to take to his assistance two justices of the peace in opening the poll books, and canvassing the votes polled at said special election.

SEC. 4. Precincts and notice. That it shall be the duty of the organizing sheriff of said county, to divide said county into as many precincts as the publie good may require, and give names to said precincts, and shall describe such [116] divisions and names in the notices of the special election, provided for by this act.

SEC. 5. Term of office. That the county officers elected at the special election provided for by this act, shall hold their respective offices until the first Monday in the month of August next succeeding such special election, and until their successors are elected and qualified.

SEC. 6. Term of justices. That the justices of the peace and constables elected at the special election provided for by this act, shall hold their offices until the first Monday in the month of April next succeeding said special election, and until their successors are elected and qualified.

SEC. 7. How sheriff appointed-how qualified. That the organizing or first sheriff of said county, may be appointed by the judge of the fourth judicial district of this state, and shall continue in office, and exercise the duties of sheriff of said county, until the time of the holding of the first special election, and until his successor may be elected and qualified. And said sheriff shall be qualified to enter upon the discharge of the duties of said office, upon filing his bond and oath of office in the clerk's office of the district court of Polk county; which oath of office may be administered by said clerk.

SEC. 8. District courts. That the district court and all other courts, may be held at such place as may be designated by the board of county commissioners of said county, until the seat of justice of said county may be located by law. SEC. 9. As to other organized counties. That any unorganized county in this state, the boundaries of the same being fixed by law, may become organized in the same manner provided for by this act, for the organization of Pottawatamie county: provided, that the time of holding the first special election. shall be fixed, and the appointment of the organizing or first sheriff shall be made, by the judge of the judicial district in which said county may be situated; and the first sheriff may be qualified by the clerk of the district court of some adjoining county, and file his bond and oath of office in the office of said clerk.

Approved, February 24th, 1847.

CHAPTER 85.

STATE ROADS.

AN ACT regulating state roads.

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

SECTION 1. Application. That hereafter all applications to the legislature for state roads shall be as hereinafter provided.

[117] SEC. 2. Notice of petition-contents of notice-time. That previous to any petition being presented to the general assembly for a state road, notice thereof shall be given by advertisement, set up at the place of holding county commissioner's courts, in each county through which any part of said road is designed to be located, and in two public places in each township through which it is intended to pass, specifying the place of beginning, intermediate points, if any, and the place of termination of said road; and that application will be made, by petition, to the next general assembly for such state road. Said advertisements shall be set up not more than three months nor less than one month preceding the meeting of that session of the general assembly to which such application will be made.

SEC. 3. Proof of notice-certificate. That upon proof being made by any person or persons, to the clerk of the board of commissioners of each county through which any part of said road is designed to pass, that notice has been given as required by the preceding section; and upon application the clerk shall give a certificate to such applicant or applicants, certifying that the proper notice has been given, and that said road is intended to pass through at least two, or parts of two, counties in this state.

SEC. 4. How acts shall pass. That upon presentation to either branch of the general assembly, of petitions for a state road, and the certificates required by the second and third sections of this act, and when no remonstrances are presented against such petition or road, up to the twenty-fifth day of the session, the general assembly may then pass an act for the location and establishment of said road, and appoint commissioners to lay out the same.

SEC. 5. Power to re-locate. The county commissioners shall alone have power to alter or relocate any territorial or state road.

SEC. 6. Compensation-how paid. That the commissioners and persons employed in laying out state roads, shall receive such compensation as is provided in the eleventh section of "An act for opening and regulating roads and highways," approved February first, A. D., 1843, to be paid out of the county treasury of each county, in proportion to the number of days employed therein.

SEC. 7. Repealing section. That all acts and parts of acts contravening the provisions of this act, be and the same are hereby repealed.

SEC. 8. To take effect. This act shall take effect and be in force from and after its publication and distribution.

Approved, February 24th, 1847.

[118] CHAPTER 86.

INCORPORATIONS.

AN ACT authorizing general incorporations for other purposes than those of pecuniary profit.

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

SECTION 1. Persons may incorporate. That hereafter any number of persons may incorporate themselves for the establishment of colleges and seminaries of learning, churches, lyceums, public libraries, agricultural societies, or any other lawful purpose, which is unconnected with motives of pecuniary profit.

SEC. 2. Rules and regulations. They may make such rules and regulations as they choose for their government: provided, the same are not inconsistent with the constitution and laws of this state.

SEC. 3. May sue, etc. They may sue and be sued by their corporate name. SEC. 4. The death of any of its members shall not terminate the corporation. SEC. 5. Articles of association—to be recorded. They shall adopt articles of association, not incompatible with the constitution and laws of this state, containing the name, object and location of their association, which, together with such directions as will enable any person readily to ascertain the place where their records are deposited, shall be recorded in the office of the recorder of deeds of the county in which such association is formed, and from the date of such record, they shall have power to act in their corporate capacity.

SEC. 6. Record. They shall keep a record, containing among other things, the names of their officers, and the rules and regulations of their association, which shall be open to the inspection of any person having an interest to examine the same.

SEC. 7. Contracts. They shall have power to make and enforce contracts in relation to the legitimate business of their association.

SEC. 8. Lands-proviso. They shall have power to purchase and hold a tract of land not exceeding twenty thousand dollars in value, and to erect such buildings and to make such improvements thereon, as may be necessary and proper to promote the objects of their association, and to hold such personal property as may be strictly necessary to secure the purposes of the corporation: provided, that nothing in this act shall be so construed as to debar them from the privilege of receiving donations or legacies of personal or real estate; but in all cases, such personal or real estate received as aforesaid, shall be sold, and the proceeds thereof loaned out at interest or appropriated according to the provisions of this [119] act, for the promotion of the objects of the association, as the members thereof may deem proper.

SEC. 9. Service of process. Service of process shall be sufficient, if made upon either of the officers of the corporation.

SEC. 10. No dividends-personal liability. No dividend or distribution of profits shall ever be made among the stockholders of the corporation, and any material deviation from the articles of association, shall render all those who shall participate therein, personally responsible for the consequences of such deviation.

SEC. 11. Change of articles. Any such corporation may change their articles of association in the manner prescribed by their own rules; but such change must be recorded in the same manner as the original articles.

SEC. 12. 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 24th, 1847.

Published in the Reporter March 17th, 1847, and Standard, March 18th, 1847.

CHAPTER 87.

PRACTICE.

AN ACT amendatory to the practice in the district and supreme courts of this state.

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

SECTION 1. Test of writs, etc. That all writs of every description, subpoenas and other process to be hereafter issued by the clerk of any supreme or district court of this state, shall bear test in the name of the clerk of said court, under the seal of said court.

SEC. 2. Seals. That the seals heretofore used by the district courts of the territory of Iowa shall, in the absence of any other seal provided by law, be used as the seal of the several district and supreme courts of this state.

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

Approved, February 24th, 1847.

Published in the Reporter March 17th, and in the Standard March 18th, 1847.

[120] CHAPTER 88.

ENOCH FRAZEE.

AN ACT to make good in law the acts of Enoch Frazee, done and performed by him as a justice of the peace in and for the township of Dockridge, county of Jefferson, and territory of Iowa.

Preamble. Whereas, Enoch Frazee, a citizen of Lockridge township, in the county of Jefferson, and territory of Iowa, was some time in the year 1844, elected, sworn and qualified to act as a justice of the peace, according to the requirements of the law in such case made and provided, except that the bond and oath of office of the said Enoch Frazee were not, agreeably to law, filed in the office of the clerk of the district court of said county, but were filed in the office of township clerk of said Lockridge township: and whereas, the said Enoch Frazee did, as justice of the peace of the county aforesaid, solemnize and certify several marriages, and also take and certify the acknowledgment of several deeds: And whereas, certain doubts are entertained of the legal validity of such marriages and acknowledgments of such deeds; therefore, Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Marriages and deeds made valid. That each and every marriage solemnized by, and each and every deed acknowledged before him, and certified by him as a justice of the peace, during the time he held such office, and performed the duties thereof, be, and the same are hereby declared to be as legal and valid in law as if the said bond and oath of office had been properly filed in the office of the clerk of the district court, according to the requirements of the law in such cases made and provided.

Approved, February 24th, 1847.

CHAPTER 89.

JACKSON COUNTY TAXES.

AN ACT authorising Robert Reed or his successors in office to collect the delinquent tax of T. J. Pearce, late collector of taxes, and John Corbin, deceased, treasurer and collector of Jackson county, A. D., 1846.

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

SECTION 1. Reed to collect back taxes-manner. That Robert Reed, collector of taxes in and for the county of Jackson, and his successors in office, be, and they are hereby authorized to collect and receive all such taxes as remain due and unpaid on the delin-[121]-quent list of Thomas J. Pearce, and also all taxes which remain unpaid on the list of John Corbin, deceased, late col

lector and treasurer in Jackson county, in the same manner as is provided in the laws of Iowa for the collection of the public revenue.

SEC. 2. To take effect. This act shall take effect and be in force from and after its passage.

Approved, February 24th, 1847.

CHAPTER 90.

BUCHANAN COUNTY.

AN ACT to locate the seat of justice of Buchanan county.

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

SECTION 1. Commissioners-when to meet-duties-clerk's duty-seat of justice. That Lyman Dillon, of Dubuque county, Thomas S. Denson, of Jones county, and Sylvester Stephens, of Jackson county, be, and they are hereby appointed commissioners to locate and establish the seat of justice of Buchanan county. Said commissioners, or any two of them, shall meet at the house of Joseph H. Reynolds, in said county of Buchanan, on or before the first Monday in July, A. D. 1847, and proceed to locate and establish the seat of justice of said county, as near the geographical centre of said county as said commissioners may deem proper, paying due regard to the present as well as future population of said county; and as soon as they have come to a determination, they shall give said point a name. Their proceedings shall be committed to writing, signed by the said commissioners, or a majority of them, and filed in the office of the clerk of the board of commissioners of Delaware county, until the said county of Buchanan is fully organized, and when so organized the clerk of the board of commissioners of said Buchanan county shall record and keep the same on file in his office; and the place so selected as aforesaid shall be the seat of justice of Buchanan county.

SEC. 2. Oath. Said commissioners shall, previous to entering upon their duties as aforesaid, take and subscribe, before some magistrate or other person authorized to administer oaths, the following oath or affirmation, to wit: "We do solemnly swear (or affirm) that we have no personal interest, directly or indirectly, in the location of the seat of justice of Buchanan county, and that we will faithfully and impartially locate the same, according to the best interest of said county, taking into consideration the future as well as the present population of said county." And the person so administering such oath shall certify and file the same as provided in the first section of this act.

[122] SEC. 3. Compensation. The commissioners aforesaid, shall receive two dollars per day, and two dollars for every twenty miles travel while necessarily engaged in the discharge of their duty.

SEC. 4. How paid. Said commissioners shall be paid for their services required by this act, out of the county treasury of said county of Buchanan, so soon as the same shall become organized for county purposes.

SEC. 5. To take effect. This act shall take effect and be in force from and after its publication in the weekly newspapers published in the city of Dubuque. Approved, February 24th, 1847.

CHAPTER 91.

CRIMINAL RETURNS.

AN ACT to provide for criminal returns.

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

SECTION 1. Duty of clerk district court. That it shall be the duty of the clerk of the district court of every county, on or before the first day of Novem