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1846, authorizing Joel C. Walker, clerk of the district court for the county of Lee, to transcribe the records of said court, and also to re-file, number, and arrange all the papers in his said office of clerk of said court, and to prepare a general index of the same: and providing for a compensation to be paid to the said Joel C. Walker for such service, by the commissioners of said county, be and the same is hereby repealed.

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

Approved, December 19th, 1846.

CHAPTER 3.

SOUTHERN BOUNDARY.

AN ACT concerning the southern boundary of Iowa.

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

SECTION 1. Governor to make an agreed suit with Missouri. That the governor of this state is hereby authorized and empowered, to agree with the state of Missouri for the commencement and speedy termination of such suit as may be necessary to procure a final decision by the supreme court of the United States upon the true location of the southern boundary of the state.

SEC. 2. Evidence to be procured-employ counsel. The governor is hereby authorized and required to cause all evidence to be procured which may be necessary to the legal and proper decision of such suit, while the same may be in progress; and to employ counsel to conduct the same on the part of this state, and to do whatever may be necessary to maintain the rights of the state in such suit.

SEC. 3. One thousand dollars appropriated. The sum of one thousand dollars is hereby appropriated out of any money in the treasury, to carry this act into effect, which [21] may be drawn on the certificate of the governor to the auditor of public accounts, in favor of the person entitled to the same.

Approved, January 16th, 1817.

CHAPTER 4.

PRAIRIE LAPORTE.

AN ACT to change the name of Prairie Laporte, in the county of Clayton.

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

SECTION 1. Name of Laporte changed to Guthenberg. That the name of the town of Prairie Laporte, in the county of Clayton, be and the same is hereby changed to that of Guthenberg.

Approved, January 18th, 1847.

CHAPTER 5.

CHALDEA.

AN ACT to change the name of the town of Chaldea, in Appanoose county. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Name of Chaldea changed to Centerville. That the name of the town of Chaldea, in Appanoose county, be and the same is hereby changed to that of Centerville.

Approved, January 18th, 1847.

CHAPTER 6.

SCHOOL MONEYS.

AN ACT concerning the distribution of school moneys.

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

SECTION 1. Township and school district legalized. That all townships and school districts, in any county of this state, which are now, or shall, at the taking effect of this act, be organized, and the number of children returned to the board of county commissioners, and report made as required by an “act to establish a system of common schools," approved January 16th, 1840, be and the same are hereby legalized and made valid; as fully as if the same had been organized and returns made according to the provisions of the above named act.

SEC. 2. Clerk of district court and clerk of commissioners to appoint inspectors—inspectors to organize districts. That in every township in which there are no school in-[22]-spectors, it shall be the duty of the clerk of the board of county commissioners, and clerk of the district court, of the proper county, within twenty days after this act shall take effect, to appoint the same; whose duty it shall be, when appointed and qualified, to divide said townships into school districts, and to organize the same, under the provisions of the several laws now in force on this subject.

SEC. 3. Inspectors to report previous to March, 1847. It shall be the duty of the inspectors thus appointed, and of the inspectors of all other districts, where they have not organized and reported according to the said act, approved 16th January, 1840, to organize and make their report, as therein required, on or before the first Monday of March, 1847.

Clerk of commissioners to apportion school moneys—and to deliver an order to the inspectors for amount. That it shall be the duty of the clerk of the board of commissioners, to make a fair apportionment of the money in the hands of the treasurer, for the use of schools, on the second Monday in March, 1847, to the different townships, according to the number of children between the ages of five and twenty-one years, as shown by the report of the school inspectors of their respective townships, and deliver to the chairman of the board of inspectors an order on the treasurer of the county for the amount of money to which his township is entitled.

SEC. 5. Repealing section—all persons required to pay over school moneys. All laus now in force, contravening any of the provisions of this act, be and the same are hereby repealed; and all officers or persons now holding any of the school funds, are required to pay over the same to the proper authority or person entitled thereto: provided, that nothing in this act shall be so construed as to prevent the collection of the school funds in accordance with the existing laws.

SEC. 6. 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, January 19th, 1847.
Published in the Reporter and Standard, January 27th, 1847.

CHAPTER 7.

TERRITORIAL ROAD.

AN ACT to review and relocate a portion of the territorial road from Rockingham

to Iowa City.

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

SECTION 1. Appointment of commissioners-time and place for meeting. That Dan B. Shaw and Andrew W. Campbell, of Scott county, and Richard Randall, of Muscatine county, be, and they are hereby appointed commissioners to review and relocate so much of the territorial road from Rockingham, in Scott county, by Centre Grove and Moscow, [23] in Muscatine county, to Iowa City, in Johnson county, as lies between the southeast corner of the northwest quarter of section No. thirty-one, in township No. seventy-eight north, of range No. two east, and the northeast corner of the northwest quarter of section No. thirty-five, in township No. seventy-eight north, of range No. one east: Said commissioners to meet at the house of Dan B. Shaw, in Scott county, on the first Monday in May next.

SEC. 2. How governed-compensation. The said commissioners shall be governed in all their acts in relation to the resurvey and relocation of said road by the requirements of the act entitled "An act to provide for laying out and opening territorial roads," approved Dec. 29, 1838; and they and the surveyor and assistants employed by them shall be entitled to the same compensation for their services that is allowed by an act approved January 14th, 1840, entitled "An act establishing certain territorial roads therein named.

Approved, January 20th, 1847.

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CHAPTER 8.

CENSUS.

AN ACT to provide for the taking an enumeration of the white inhabitants of the state

[of] Iowa.

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

SECTION 1. Census to be taken—when to be taken—unorganized counties. That the assessors of each and every organized county of this state are hereby authorized and required, previous to the first day of August, 1847, and before the same day of every second year thereafter, for the period of eight years, to take an enumeration of all the white inhabitants of all ages in their respective counties; and, in those counties not organized, it shall be the duty of the assessors of the counties to which unorganized counties may be attached, for election purposes, to take the enumeration thereof, as provided for by this act.

SEC. 2. Returns-compensation. It shall be the duty of said assessors to make a correct return of the duties performed under this act, under oath, to the clerk of the board of commissioners of their respective counties, on or before the fifteenth day of September next following such enumeration; for which services they shall receive such compensation as the board of commissioners may allow.

SEC. 3. Duty of Clerks. It shall be the duty of the several clerks of the boards of county commissioners to forward a certified copy of said returns to the secretary of state, within thirty days after the reception thereof.

(24) SEC. 4. Penalty. Every assessor or clerk who shall refuse or neglect to perform the duties enjoined by this act, shall forfeit and pay to, and for the use of, the common schools of their respective counties, a sum not less than fifty dollars, nor more than one hundred dollars.

SEC. 5. When to take effect-publication. This act shall take effect and bé in force from and after the first day of March next; previous to which time the secretary of state shall cause the same to be published one (once] in the several newspapers in this state.

Approved, January 20th, 1847.
Published in the Reporter, Jan. 27th, 1847, and in the Standard Feb. 4th, 1847.

CHAPTER 9.

DISTRICT CLERKS AND PROSECUTING ATTORNEYS.

AN ACT in relation to clerks and prosecuting attorneys.

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

SECTION 1. Clerks elected Oct. 26, 1846, to give bonds-amount-how filed —to be recorded-actions may be brought thereon, in the name of the commissioners—if the original be lost-oath of office-oath to be endorsed. That the clerks of the district courts elected in the several counties of this state, at the general election, on the twenty-sixth day of October, 1846, wherein notice of said election had been previously given by the clerks of the boards of county commissioners in the several counties, or wherein any one person has received a majority of all the votes cast for state officers, before they enter upon the duties of their respective offices, shall enter into bond before the clerk of the board of county commissioners in their respective counties, with two or more sufficient securities, to be approved of by said clerk, in the penal sum of five thousand dollars, payable to said board of county commissioners -conditioned that they will faithfully and impartially discharge the duties of said office, and pay over all moneys that may come into their hands, under and by virtue of their said office, to the proper authorities, person or persons entitled to the same; and that they will, in every other respect, discharge the duties required of them by law; which said bond shall be filed in the office of the board of commissioners for said county by the clerk thereof, and also recorded at length upon the records of said office; and actions may be brought thereon, or a certified copy thereof, by any person who may feel himself aggrieved by a violation of the same; which said action may be brought in the name of the said commissioners, for the use of the persons intended to be henefited thereby; and if said original bond should be lost or destroyed so that the same cannot be produced on the trial, a certified copy from the records or said commissioners, by the clerk thereof, shall be read [25] as evidence of it; and said clerks shall also take and subscribe an oath that they will support the constitution of the United States and of the state of Iowa, and in every respect discharge the duties of clerk faithfully, and to the best of their abilities; and it shall be the duty of the clerk of the board of commissioners to endorse on the certificate of election of said clerk elect, that the oath has been taken and bond filed according to law.

SEC. 2. Attorneys elected Oct. 26, 1846—to give bond-amount, conditionbond to be filed and recorded-oath of office-oath to be filed. And be it further enacted, that the prosecuting attorneys elected at the general election, on the twenty-sixth day of October, 1846, in the several counties or districts in this state, wherein notice of said election had been previously given by the clerks of the boards of county commissioners in the several counties, or wherein any one person has received a majority of all the votes cast for state officers, before they shall be qualified to act as such, shall execute a bond to the board of county commissioners of their respective counties, with two or more sufficient sureties, to be approved of by the clerk thereof, in the penal sum of two thousand dollarsconditioned that they will faithfully, and to the best of their ability, discharge the duty of prosecuting attorney for said county, and pay over to the proper person or persons all moneys that may come into their hands under or by virtue of their said office; which said bond shall be filed and recorded in the same manner, and the same remedies had thereon, as on bonds of the clerks of the several districts courts. Said prosecuting attorneys shall also take and sub. scribe an oath that they will support the constitution of the United States, and the constitution of the state of Iowa, and faithfully discharge their duties as prosecuting attorneys to the best of their skill and ability; which said oath shall be filed in the office of the board of commissioners.

SEC. 3. Clerk elect to take possession of the office-duty of old clerk-clerk refusing to give possession-clerk elect to present his certificate to the sheriff or coroner-duty of sheriff or coroner-officer to make return to the district court-duty of court-further liability of the person withholding, etc.-action. And be it further enacted, that upon the presentation by the clerk elect of his certificate of election endorsed by the clerk of the board of county commissioners of the proper county, that security has been filed, and the oath taken according to law, to the clerk of the district court of the territory of Iowa, or to any other person or persons having in their possession or under their control the books, papers, furniture and other things properly belonging to said office, or any part thereof, it shall be the duty of said clerk of the district court of the territory of Iowa, or other person or persons as aforesaid, to deliver up into the possession of the clerk elect, and holding said certificate, all of the books, papers, matters and things belonging or in any wise pertaining to said office of clerk; and should the said clerk, or other person having in his or their possession any books, papers, stationery, furniture, or other things appertaining to said office, upon [26] demand of the clerk elect, and exhibiting his certificate of election, endorsed as aforesaid, refuse to deliver the immediate possession of said books, stationery and other things appertaining to said office to said clerk elect, the said clerk elect may, at any time thereafter, present said certificate of election, endorsed, to the sheriff or coroner, as he case may be, of the proper county, with a demand to said sheriff or coroner, in writing, to be placed in possession of said books

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