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LAWS

OF THE

STATE OF IOWA.

[9] CHAPTER 1.

CITY OF FARMINGTON.

AN ACT supplemental and amendatory to an act entitled "an act to incorporate the city of Farmington, in Van Buren county, Iowa."

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

SECTION 1. Taxes to be laid out on streets. That all road tax which may hereafter be levied upon any property in the city of Farmington, in this state, shall be paid to the proper authorities of said city, for the improvement of the streets thereof.

SEC. 2. How work is to be done. Any person, being a resident of said city, and subject by the laws of this state to do two days work upon roads and highways, shall be required to do and perform, or cause the same to be done under the direction of the proper authorities, upon the streets of said city. SEC. 3. This act to be in force from and after its passage.

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AN ACT to lay out and establish a state road from Eddyville, in Wapello county, to Chariton Point, in Lucas county.

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

SECTION 1. Commissioners' names. That Luther M. Davis, of the county of Wapello, John Webb, of the county of Monroe, and W. S. Townsend, of the county of Lucas, be and they are hereby appointed commissioners to lay out and establish a state road from Eddyville, in Wapello county, to Chariton Point, in Lucas county.

SEC. 2. Time and place of meeting. Said commissioners, or a majority of them, shall meet at Eddyville on the first Monday in August next, or within sixty days thereafter, and proceed to lay out and establish said road according to law.

SEC. 3. Further duties. So soon as the counties west of Lucas county are organized, the said commissioners, or a majority of them, shall proceed to lay out and establish said road from Chariton Point to the Missouri river, opposite to the Council Bluffs.

Approved, January 22, 1848.

CHAPTER 3.

CITY OF KEOSAUQUA.

AN ACT to amend the several acts for the incorporation of the city of Keosauqua. Be it enacted by the General Assembly of the State of Iowa,

SECTION 1. Acts amended. That section 16 of an act to incorporate the city of Keosauqua, approved, February 17th, 1842, and the 6th section of an act to amend an act entitled an act to incorporate the city of Keosauqua, approved, February 10th, 1843, be and the same are hereby repealed. Approved, January 22, 1848.

[11] CHAPTER 4.

TOWN OF CEDAR RAPIDS.

AN ACT to authorize Nicholas B. Brown and others to resurvey a portion of the town of Cedar Rapids, in Linn county, Iowa.

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

SECTION 1. Part of town to be resurveyed-proviso. That George Greene, Alexander L. Ely, and Nicholas B. Brown, proprietors of that portion of the town of Cedar Rapids, in Linn county, Iowa, lying west of Commercial street, and between said street and Cedar river, be, and they are hereby authorized to resurvey and divide the same into lots of a convenient size, and dispose of or use the same for hydraulic or other purposes; provided, that nothing herein contained shall operate as a bar to any suit for any actual damages that any person may sustain by reason of such re-survey.

SEC. 2. This act shall take effect and be in force from and after its passage. Approved, January 22, 1848.

CHAPTER 5.

PUBLICATION OF LAWS.

AN ACT in relation to evidence.

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

SECTION 1. Evidence of the publication of laws, etc. That all laws and joint resolutions passed by the general assembly of said state, and required therein to be published in any newspaper or papers in said state, shall take ef feet and be in force from and after the date of said publication, and the printed

certificate of the publisher appended to said law or laws, as to the date of said publication, shall be prima facie evidence of the same, and said certificate shall be prima facie evidence of itself.

SEC. 2. Evidence of distribution, etc. Be it further enacted, that the certificate of the secretary of state, appended to, and accompanying any bound volume or pamphlet laws of this state, certifying that said laws and resolutions were distributed throughout the state, shall be prima facie evidence in all, courts in this state, that the same were so distributed, circulated, or published as therein stated.

Approved, January 22, 1848.

[12] CHAPTER 6.

DEEDS FROM THE STATE.

AN ACT in relation to deeds.

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

SECTION 1. Deeds, how made-deeds, effect of. That all deeds hereafter to be executed by the state of Iowa, for the conveyance of lands within the same, shall be signed by the governor of said state, or the person exercising the office of governor, under the seal of the state, and countersigned by the secretary of said state, or the person exercising that office, which deed, thus executed and delivered, shall convey all of the right, title and interest of the state of Iowa in and to the land therein mentioned, to the grantees mentioned in said deed.

SEC. 2. Evidence of execution. That all deeds thus executed and delivered. shall be received in all courts of law or equity in this state, as prima facie evidence of their execution and delivery.

SEC. 3. Need not be recorded. It shall not be necessary, in order to render any such deed good and valid, that the same should be acknowledged or recorded, as now required by the laws of this state; but should the same be recorded as other deeds, then certified copies thereof may be used in any court of this state, as copies of other deeds are now authorized to be used, and have the same force and legal validity.

SEC. 4. Minute of deeds-evidence. It shall be the duty of the secretary of state to procure a suitable blank book in which shall be minuted the number and description of land sold, when the deed was executed, and to whom sold, which said book shall be received in all courts in this state as prima facie evidence of the fact or facts therein contained.

Approved, January 22, 1848.

[13] CHAPTER 7.

DUBUQUE TOWNSHIP.

AN ACT supplemental and amendatory to "an act to amend an act entitled an act for the organization of townships."

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

SECTION 1. Act amended. That so much of the sixth section of "an act to amend an act entitled an act for the organization of townships," approved, June

5th, 1845, as prohibits the township trustees from locating township roads on any other than section and quarter section lines, so far as the same is applicable to the county of Dubuque, be and the same is hereby repealed.

SEC. 2. When to take effect. This act shall take effect and be in force from and after the first day of March next.

Approved, January 22, 1848.

CHAPTER 8.

STATE ROAD.

AN ACT to review a part of the state road from Walling's Landing to Columbus City. Be it enacted by the General Assembly of the State of Iowa,

SECTION 1. Commissioners names-duties. That Benjamin Stoddard, Zachariah Kurts, and Aaron D. Hawley, are hereby appointed commissioners to review so much of the state road from Walling's Landing to Columbus City, in Louisa county, as runs by or through sections thirty-one and thirty-two, in township seventy-five, range three, and sections five and six in township seventy-four, range three, in said county of Louisa.

SEC. 2. Time and place of meeting.-review of road. That said commissioners or a majority of them, shall meet at the dwelling house of Zachariah Kurts, in said county, on the first Monday in April, 1848, or on any other day within three months thereafter, and taking to their assistance the necessary hands, proceed to review said road, and make such change in the location of said road (if any) as public convenience may, in the judgment of the said commissioners, require; and the said Aaron D. Hawley is authorized to act as surveyor as well as one of the commissioners.

SEC. 3. When to take effect. This act shall take effect and be in force from and after its passage.

Approved, January 22, 1848.

[14] CHAPTER 9.

MILLS AND MILLERS.

AN ACT to amend "an act regulating mills and millers, and for other purposes, approved, February third, eighteen hundred and forty-three.

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

SECTION 1. Proceedings when land is overflowed by mill dams-duty of court-mill to be kept running. That any person or persons owning a water mill or mills, and dam built upon a stream not navigable, and owning the land on both sides of the stream, may make application as directed in sections one, two and three of the act hereby amended, to the court of the county where such mill is situated, for a writ to examine, as therein directed, what lands may be overflowed by such dam, and what damage will be sustained by the owner or owners of such lands, and whether the health of the neighborhood will be affected by such overflowing; which writ shall be issued, directed and returned as therein prescribed. And if it shall appear to the court by the inquest or other evidence, that the health of the neighborhood

is not affected by the overflowing from such dam-that no dwelling house, out-house, or garden of any proprietor will be overflowed, and also, that such mill or mills are for the public benefit, the court shall order the damages found by the jury, to be paid to the owner or owners of the lands found to be damaged by such overflow; and the payment or tender of said damages shall be a bar to any action for such injuries as were foreseen and estimated by the jury; provided, that if the said mill or mills shall not be kept in repair and running for the accommodation of the public, for the space of one year at any one time, the owner or owners shall forfeit all rights acquired by virtue of this act, or of any act of the territory.

SEC. 2. When to take effect. This act shall take effect and be in force from and after the publication of the laws of this state. Approved, January 22, 1848.

[15] CHAPTER 10.

SUPREME COURT.

AN ACT to re-organize the supreme court.

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

Time and place of holding the supreme court-proviso. That the supreme court shall be holden once a year in each of the judicial districts of the state, as follows, to-wit: At Burlington, in the first district, on the third Monday of May in each year; at Ottumwa, in the third district, on the second Monday of June in each year; at Iowa City, in the fourth district, on the fourth Monday of June in each year; at Dubuque, in the second district, on the third Monday of July in each year: provided, that the state shall be at no expense for furnishing rooms for the session of the court, or offices for the clerks.

SEC. 2. Judges to appoint clerks-unfinished business. And be it further enacted, That the judges of said court shall appoint a clerk of the supreme court for each of said districts, who shall reside, and keep the records thereof, at the place of holding said courts in each district respectively. Provided, that all unfinished business now in the supreme court, shall be completed by the supreme court in the fourth district.

SEC. 3. Appeals and writs of error where taken. Be it further enacted, That all cases of appeals or writs of error, shall in future, be taken to the supreme court of the district in which they originated, except from Muscatine, Cedar and Washington counties, which shall be taken to the supreme court in the fourth judicial district.

SEC. 4. Sheriffs to be ministerial officers. And be it further enacted, that the sheriffs of the respective counties in which the supreme court may be holden, shall attend on said courts, and act as ministerial officers thereof, during their session; and final process may issue from said courts to the sheriff of any county in the state.

.SEC. 5. Seal. Be it further enacted, that the chief justice shall, without delay, cause suitable similar seals, and the necessary blank books to be procured for said courts.

SEC. 6. Unfinished business. All unfinished business in the supreme court, as at present organized, except as above provided for, shall be disposed of by the supreme court sitting in the fourth judicial district.

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