faithfully and impartially to discharge the duties of commissioners as mentioned in the first section of this act.

SEC. 3. Make plat of survey. It shall be the duty of said commissioners, or a majority [63] of them, to make a full and correct plat of the survey and location of said road, a copy of which shall be filed in the office of the clerk of the board of commissioners in each of the counties of Lee and Des Moines.

SEC. 4. Compensation. That said commissioners shall each receive for their services as aforesaid, the sum of two dollars for every day which they may be actively engaged, to be paid out of any money in the treasury of the counties of Des Moines and Lee, not otherwise appropriated.

SEC. 5. Where to be paid. That it is understood by this act that the commissioners are to be paid by the counties in which they reside.

SEC. 6. Take effect. This act to take effect from and after its passage. Approved, January 12, 1849.

CHAPTER 45.

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 Isaac Havens, Zedekiah Taylor, and Downie, of the county of Clayton, be, and are hereby, appointed commissioners to locate a state road from Sage, Thompson, and Davis' landing, on the Mississippi river, to Elcador, thence to Quasqueton, in Buchanan county. SEC. 2. When to discharge their duties. Said commissioners, or a majority of them, shall meet at said landing on or before the first Monday ofJune next, and shall take to themselves a competent surveyor and all necessary hands. and shall proceed to lay out and establish said road, and make return thereof according to the requirements of law.

SEC. 3. Compensation. Said commissioners, surveyors, and necessary hands, shall receive for their services such compensation, and in such manner, as is now provided by law.

SEC. 4. Take effect. This act shall take effect and be in force from and after its passage.

Approved January 12, 1849.

[64] CHAPTER 46.

STATE ROAD.

AN ACT vacating a certain road herein named.

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

SECTION 1. Road declared vacated. That so much of the territorial road as lies between Rockingham, in Scott county, and the west line of township seventy-eight, range one east, be, and the same is hereby vacated.

SEC. 2. Take effect. This act to take effect from and after its passage. Approved, January 12, 1849.

CHAPTER 47.

STATE ROAD.

AN ACT to establish a state road therein named.

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

SECTION 1. Commissioners. That John Wykoff, of the county of Iowa, Jesse Rickman, of the county of Jasper, and John Wright, of the county of Dallas, be, and they are hereby appointed commissioners to locate and establish a state road, commencing at a point where the west line of Johnson county crosses Old Man's Creek on section 31, township 79, north range, 6 west, thence on the nearest and best route to the county seat of Poweshiek, thence to the county seat of Jasper, thence to the county seat of Polk, thence to the county seat of Dallas county, and thence to the west line of Dallas couny in the direction of Council Bluffs, on the Missouri river.

SEC. 2. When to meet. That said commissioners, or a majority of them, shall meet at the house of John Wykoff, in Iowa county, on the first day of April next, or within three months thereafter, and proceed to locate and establish said road according to the provisions of an act, entitled "an act for laying out and opening territorial roads," approved, December 27, 1847.

SEC. 3. Surveyor-compensation. That said commissioners shall take to their assistance a [65] surveyor and other necessary hands, who, together with the commissioners, shall receive such compensation and in such manner and as provided by law.

Approved, January 12, 1849.

CHAPTER 48.

STATE ROAD.

AN ACT to relocate a part of a territorial road from Fairfield to the Indian Boundary, and to extend the same to Fort Des Moines.

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

SECTION 1. Commissioners. That Newton Wright, of Jasper county, William Welsh, of Marion county and Creth Renfro, of Polk county, are appointed commissioners to re-locate a part of a territorial road, located in accordance with an act, entitled an act to locate a territorial road from Fairfield, in Jefferson county, to the Indian boundary line, in the direction of the Indian agency at the Racoon Fork of the. Des Moines river, approved 29th of January, 1844, and also to extend the said road to Fort Des Moines, in Polk county, to wit: commencing at the town of Pella, in Marion county, thence on the most practicable route to Toolspoint, in Jasper county, thence on the nearest and best route to Fort Des Moines, in Polk county.

SEC. 2. Where to meet. That said commissioners, or a majority of them shall meet at Pella, on the first day of June next, or within sixty days thereafter, and proceed to establish said road according to the laws now in force, regulating the laying out and establishing territorial roads, approved December the 29th, 1838, doing as little damage to private property as the public convenience will admit.

SEC. 3. Take effect. This act shall be in force from and after its passage Approved January 12, 1848.

[66] CHAPTER 49.

GUTTENBERG.

AN ACT to provide for the incorporation of the town of Guttenberg, in Clayton county. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. County commissioners authorized to incorporate town of Guttenberg. That the county commissioners of Clayton county be, and they are hereby, authorized to incorporate the town of Guttenberg, of said county, according to the provisions of an act, entitled an act incorporating towns. SEC. 2. Take effect. This act shall take effect and be in force from and after its publication.

Approved, Jan. 12, 1849.

CHAPTER 50.

FERRY.

AN ACT to authorize William P. Wilson, his heirs and assigns, to establish and keep a ferry across the Des Moines river at Monterey, in Lee county.

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

SECTION 1. Ferry established across Des Moines-subject to laws in force. That William P. Wilson, his heirs and assigns, are hereby authorized to establish and keep a ferry across the Des Moines river at the town of Monterey, Lee county, opposite St. Francisville, Mo., for the term of fifteen years, with the exclusive privilege, commencing at the middle of section four, in township sixty-six, (66,) extending one mile up said river: provided, said William P. Wilson, 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 William P. Wilson, his heirs and assigns, keep, or cause to be kept, at said ferry, a good and sufficient boat or boats, together with such small crafts as may be necessary for the public convenience, with a sufficient number of hands to propel and manage said boat or boats without delay.

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

This bill having remained with the governor three days (Sundays excepted,) and the Legislative Assembly being in session, it has become a law this 12th day of January, 1849.

JOSIAH H. BONNEY, Secretary of State.

CHAPTER 51.

TAX.

AN ACT authorizing additional tax for state purposes.

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

SECTION 1. Des Moines county authorized to levy additional tax. That the board of county commissioners of Des Moines county be, and they are hereby authorized to levy a tax not to exceed three mills on the dollar at their regular term in July next, for state purposes for the year 1849.

SEC. 2. Take effect. This act to take effect from and after its passage. Approved, Jan. 12, 1849.

CHAPTER 52.

IOWA CITY MANUFACTURING COMPANY.

AN ACT to extend the time for putting a lock in the Iowa City Manufacturing Company's mill dam.

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

SECTION 1. Authorized to continue dam-proviso-to grind for tolls. That Ezekial Clark, Elijah W. Lake, John Clark, Christian Hershe, and Martin Montgomery, their heirs and assigns, be, and they are hereby authorized to continue the present dam across the Iowa river in Johnson county, and state aforesaid, known as the Iowa City Manufacturing Company's mill dam, and keep the same in repair at its present heighth: provided, that the persons aforesaid, their heirs or assigns, shall, within one year from and after the passage of this act, commence, and as soon as practicable thereafter complete, a custom flouring mill at said dam, and at all times when there is a sufficiency [68] of water, grind for customers for toll at the rates fixed by the law regulating mills and millers.

SEC. 2. Repealing section-take effect. This act may be altered or repealed at any time by the general assembly of the state of Iowa, and shall take effect and be in force from and after its passage.

Approved, January 12, 1849.

CHAPTER 53.

BLOOMINGTON.

AN ACT to amend an act, entitled "An act for the incorporation of the town of Bloomington," approved Jan. 23, 1839.

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

SECTION 1. Former act repealed. That so much of the said act of incorporation as limits the amount of tax to be levied upon property at one half of

one per cent. be hereby repealed, and the maximum tax to be raised upon real and personal property in said town, for corporation purposes, shall be two per cent. upon the assessed valuation of such property.

SEC. 2. Assessor to assess property irrespective of improvements. That the assessors, in making out an assessment of real estate within said town, for corporation purposes, shall return the assessed value of the same irrespective of improvements thereon.

SEC. 3. Repealing section. That so much of said act of incorporation as conflicts with the provisions of this act, be, and the same are hereby repealed. Approved, Jan. 12, 1849.

CHAPTER 54.

HALF BREED TRACT.

AN ACT concerning claimants on the Half Breed Tract, in Lee county. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Persons in possession of real estate upon the half-breed tract entitled to pay for improvements. That all persons, their heirs and assigns respectively, being possessed of any lands, town lots, or tenements, upon the half breed tract, in Lee county, and upon which there are improvements, shall be entitled to the full and appraised value of said improvements.

[69] SEC. 2. In actions of right jury to find value of improvements. That in any action of right or ejectment, for the recovery of any such lands, town lots, or tenements, the jury before whom such suit is tried, shall, if they find a verdict for the plaintiff, also find and return in such verdict, whether the defendant was possessed of any valuable improvements upon such lands, town lots, or tenements, which shall be entered on record as part of said verdict.

SEC. 3. When defendant possessed of valuable improvements, the duty of clerk-duty of sheriff-oath-duty of appraisers copy of appraisement to be deposited with the clerk. That in case the jury shall render a verdict that the defendant is possessed of valuable improvements upon said land, tenements and town lots, the clerk of the court before whom such action of right or ejectment shall have been tried, shall, within twenty days after the term of said court at which any such judgment was rendered, issue a precipie to the sheriff of said county, commanding him, the said sheriff, to cause said improvements to be appraised, whose duty it shall be to call an inquest of five disinterested householders, having the qualifications of jurors, who shall be residents within the county where the improvements are situated, and administer to them an oath or affirmation as follows, to wit: "Do you and each of you solemnly swear, or affirm, that you will impartially appraise said improvements at a fair and reasonable valuation." And said appraisers, after appraising said improvements as aforesaid, shall return to said officer, under their hands and seals, an estimate of the real value of said improvements forthwith after such view, and the officer receiving such return shall deposite a copy thereof, with a particular description of the lands, town lots, and tenements upon which said improvements are situated, with the clerk of the court from which said writ issued, within thirty days after the date of said writ. The clerk of said court from which said writ was issued shall file said copy as a paper in the said cause, and it shall be taken and considered as part of the record.