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Des Moines county, and running north, on the half section line, eighty rods in section eleven. in Yellow Springs township; thence forty rods east; thence north two hundred and eighty rods; thence to intersect the old road in Des Moines county, nigh the north line of the county, running north or west as may be found necessary.

SEC. 2. When to meet. That said commissioners, or a majority of them, shall meet at Joseph Stewarts, some time in the month of May, and proceed to lay out and establish said road according to law.

SEC. 3. Surveyor, etc.-compensation. Said commissioners shall take to their assistance a surveyor and such other hands as may be necessary, and said commissioners and persons thus employed, shall receive such compensation as is allowed by law.

SEC. 4. Take effect. This act to take effect from and after its passage. Approved, December 29, 1848.

CHAPTER 21.

STATE ROAD.

AN ACT to vacate a portion of a certain road herein named.

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

SECTION 1. Vacating road. That so much of the territorial road, running from Princeton in Scott county, to intersect the state road leading from Camanche in Clinton county, to Iowa City, as lies between Lost Grove creek, at or near the [44] residence of Daniel Heirs, and the said point of intersection be and is hereby vacated.

SEC. 2.

Take effect. This act to take effect from and after its passage. Approved. Dec. 29, 1848.

CHAPTER 22.

DAVENPORT.

AN ACT to amend an act, entitled "An act to incorporate the town of Davenport," approved February 11th, 1842.

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

SECTION 1. Mayor invested with the power of justice of the peace. That hereafter the mayor of the town of Davenport, who shall be elected by virtue of the provision of the act to which this is amendatory, shall be, and is hereby invested with all the powers now granted by law to justices of the peace within this state, for the purpose of hearing, trying, and determining, all offences committed against the ordinances of said town; and the said mayor shall also be a conservator of the peace within the limits of said town.

SEC. 2. Mayor to conform to laws in force in relation to justices. That the said mayor shall, as near as may be, conform to and be governed by the several acts in relation to justices of the peace now in force, and which may be passed hereafter in relation thereto.

SEC. 3. Fees. That the said mayor shall be allowed such fees for his services as are now, and that may hereafter be allowed to justices of the peace for like services.

SEC. 4. Repealing section. That all acts and parts of acts, to which this act is amendatory, which conflict with the provisions of this act, be and the same are hereby repealed.

SEC. 5. Take effect. This act shall take effect and be in force from and after its publication in the Democratic Banner, and Davenport Gazette, newspapers printed at Davenport.

Approved December 29, 1848.

Published in the Democratic Banner, January 6th, 1849, and Davenport Gazette.

[45] CHAPTER 23.

FERRY.

AN ACT to authorize William S. Townsend, his heirs and assigns, to establish and keep a ferry across the Missouri river at Trading Point.

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

SECTION 1. To keep a ferry-proviso. That William S. Townsend, his heirs, associates and assigns, are hereby authorized to establish and keep a ferry across the Missouri river at Trading Point, in the state of Iowa, or within ten miles up or down, from said Point, for the term of twenty years, with an exclusive privilege for two miles above, and two miles below said point or place of landing: provided, said William S. Townsend, his heirs, associates and assigns, shall be subject to all laws now, or hereafter in force, regnlating ferries.

To procure good boats, etc.-board of commissioners to regulate rates of ferriage. That it shall be the duty of the said William S. Townsend, his heirs, associates or assigns, to procure and keep a suitable boat or boats for the safe and speedy tranportation of all teams, passengers, and freight, at all reasonable hours; and the said William S. Townsend shall receive such rates of ferriage as the board of commissioners of Fremont county shall establish, until the county in which said ferry is situated, shall be organized into a county; after which time the rates of ferriage shall be established by the county commissioners of the proper county.

SEC. 3. When the ferry to go into operation. That the said William S. Townsend shall have the period of two years to put said ferry into operation. SEC. 4. Repealing section. That all acts and parts of acts which contravene the provisions of this act, be and the same are hereby repealed.

SEC. 5. Take effect. This act to take effect and be in force from and after its passage.

SEC. 6. Repealing section. This act may be altered or repealed at any time by the general assembly of the state of Iowa.

Authentication.

This bill having remained with the governor three days (Sundays excepted,) and the Legislative Assembly being in session, it has become a law this 1st day of January, 1849.

JOSIAH H. BONNEY, Secretary of State.

[46] CHAPTER 24.

ELECTIONS.

AN ACT to repeal an act, approved, Jan. 25th, A. D. 1848, entitled "an act to amend an act defining the time of holding elections for state, district, and county officers," approved, Feb. 25, 1847.

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

SECTION 1. Repealing section. That an act approved January 25, A. D. 1848, entitled an act to amend an act defining the time of holding elections for state, district, and county officers, approved, February 25, A. D. 1847, be and the same is hereby repealed, so far as it applies to, or in any manner effects, the election of prosecuting attorneys, and district clerks, held on the first Monday in August, A. D. 1848.

SEC. 2. Terms of office of clerks and prosecuting attorneys elected August, 1848. That all prosecuting attorneys and district clerks, who were elected on the first Monday of August, A. D. 1848, shall hold their offices respectively for the period of two years from their election, and until their successors are elected and qualified.

SEC. 3. Failure to elect 1848, to elect 1849-term of office. That in all the organized counties in this state, in which there was a failure to elect either clerks of the district courts or prosecuting attorneys, at the last August election, and also in all counties which may be organized prior to the first Monday in August. A. D. 1849, there shall be, on said first Monday in August, A. D. 1849, an election for clerks of the district courts and prosecuting attorneys, who shall hold their offices for one year, and until their successors are elected and qualified.

SEC. 4. Regular election. That, on the first Monday in August, A. D. 1850, and every two years thereafter, there shall be elected in every organized county in this state, one clerk of the district court, and one prosecuting attorney, who shall hold their office until their successors are elected and qualified. SEC. 5. Take effect. That this act shall take effect and be in force from and after its publication in the weekly newspapers printed in Iowa City. Approved, Dec. 29, 1848.

Published in the Reporter, Jan. 17, and in the Republican, Jan. 10, 1849.

[47] CHAPTER 25.

STATE ROAD.

AN ACT to locate a state road from Pella, in Marion county, to Fort Des Moines, in Polk county.

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

SECTION 1. Commissioners. That J. Smith Hooton, of the county of Marion, John McLain and John M. Wallace, of the county of Polk, be and they are hereby appointed commissioners to locate and establish a state road, commencing at the town of Pella, in Marion county, thence on the nearest and most direct route to the town of Fort Des Moines, in Polk county.

SEC. 2. Surveyor. That John McLain, of the county of Polk, one of the

commissioners named in the preceding section, shall act as surveyor in the location of said road, and shall receive such additional compensation for his services as such surveyor, as the county commissioners of the several counties shall deem reasonable.

SEC. 3. When to meet. Said commissioners, or a majority of them, shall meet at the town of Pella, in Marion county, on the first day of March next, or within six months thereafter, and proceed to locate and establish said road according to the provisions of law for laying out and opening roads. Approved, Dec. 29, 1848.

CHAPTER 26.

STATE ROAD.

AN ACT to establish a state road and branch thereof.

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

SECTION 1. Commissioners. That John G. Baker, of the county of Wapello, John Webb and John Clark, of the county of Monroe, and William S. Townson, of the county of Lucas, be, and they are hereby appointed commissioners to lay out and establish a state road from Ottumwa, in Wapello county, to Chariton Point, in Lucas county.

SEC. 2. Power of commissioners. And the said commissioners shall have power, and it is [48] hereby made their duty, to lay out and establish a lateral or branch road, beginning at the most suitable point on the aforesaid road, in the western part of Monroe county, and running on the nearest and best ground to Eddyville, in Wapello county.

SEC. 3. When to meet. That said commissioners, or a majority of them, shall meet at Ottumwa, on the second Monday in August next, or within thirty days thereafter. and proceed to lay out and establish said road and branch thereof, according to the laws now in force regulating roads and highways. SEC. 4. Power to continue said road. And be it further enacted. That the commissioners aforesaid shall have power, and it is hereby made their duty, (if in their opinion the public good require it,) to continue and establish the said state road from Chariton Point to Trader's Point, on the Missouri river; and for the performance of the duties contemplated by this section of this act, they shall receive such compensation as the general assembly may determine and direct.

SEC. 5. Take effect. This act to take effect and be in force from and after its passage.

Approved, Dec. 29, 1848.

CHAPTER 27.

STATE ROAD.

AN ACT to locate a state road therein named.

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

SECTION 1. Commissioners. That Joel Bailey and John Hinkle, of Delaware county, and William Hall, of Dubuque county, are hereby appointed

commissioners to lay out and establish a state road from Cascade, in Dubuque county, on the nearest and best route to Delhi, in Delaware county.

SEC. 2. When to meet. Said commissioners shall meet at Cascade on the first Monday in May, 1849, or at any time within six months thereafter, and after being duly qualified, shall proceed to locate said road according to law. SEC. 3. Take effect. This act shall take effect and be in force from and after its passage.

Approved, Dec. 29, 1848.

[49] CHAPTER 28.

FERRY.

AN ACT to establish a ferry at Boatman's mill, on the Des Moines river, in Lee county. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Keep a ferry-proviso. That George W. Wyrick, his heirs and assigns, are hereby authorized to establish and keep a ferry across the Des Moines river, at Boatman's mill, in Lee county, for the term of fifteen years, with the exclusive privilege to the same, commencing at said Boatman's mill and extending each way for the distance of one mile up and down the said river: provided, said George W. Wyrick, his heirs and assigns, shall be subject to all laws now in force, or which may be in force during the term of fifteen years from the passage of this act, regulating ferries.

SEC. 2. Take effect-proviso. This act to take effect from and after its passage: provided, said George W. Wyrick, his heirs and assigns, keep or cause to be kept at said ferry, a good and sufficient boat or boats, together with such small craft as may be necessary for the public convenience, with a sufficient number of good and sufficient hands to propel and manage said boat or boats without delay.

SEC. 3. Repealing section. This act may be altered or repealed at any time by the general assembly of the state of Iowa.

Authentication.

This bill having remained with the governor three days, (Sundays excepted,) and the Legislative Assembly being in session, it has become a law this first day of January, 1849. JOSIAH H. BONNEY, Secretary of State.

CHAPTER 29.

STATE ROAD.

AN ACT for a state road therein named.

Beit nacted by the General Assembly of the State of Iowa:

SECTION 1. Commissioners. That M. M. Read and Jacob Philips, of Delaware county, and Samuel W. Durham, of Linn county, are hereby appointed commissioners to lay out and establish a state road from Marion, in Linn county, to Delhi, in Delaware county, thence to Ead's grove, thence to Elkador, in Clayton county.

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