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the spring election of 1847, for such points in said county as they may deem proper; and if, upon canvassing the votes, it is ascertained that any one point has received a majority of votes over all others, then that point shall be and remain the permanent seat of justice of said county. But if no point shall receive such majority, then a special election shall be held, on the first Monday of the next month, in the several townships or precincts in the county, and the people shall there vote for the three points which received the highest number of votes at the last election; and if any point receives a majority of the votes over the other two points, it shall then be and remain the permanent seat of justice of said county: and if no point receives a majority of the voters over the other two, then there shall be held another election, as above, on the first Monday of the next month; and the vote shall be for the two points which received the highest number of votes at the last election; and the point receiving the highest number of votes, shall be and remain the permanent seat of justice of said Jones county. Said special election to be conducted and returns made as in regular elections.

SEC. 2. Repealing section. All acts and parts of acts coming in conflict with this act be, and the same are hereby repealed.

SEC. 3. Take effect. This act to take effect from and after its publication in the Iowa Standard and Iowa Capital Reporter.

Approved, February 3rd, 1847. Published in the Standard February 10th, 1847, and in the Reporter, February 17th, 1847.

[39] CHAPTER 26.

JUDICIAL DISTRICTS.

AN ACT to divide the state of Iowa into judicial districts.

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

SECTION 1. Four judicial districts—first district-second district-third district-fourth district. That the state is hereby divided into four judicial districts, as follows:

First district-The counties of Lee, Des Moines, Louisa, Washington and Henry.

Second district-Muscatine, Scott, Cedar, Clinton, Jackson, Jones, Dubuque, Delaware and Clayton, and the counties north and west of Delaware and Clayton shall be attached to the county of Clayton for judicial purposes.

Third district-Van Buren, Jefferson, Davis, Wapello, Keokuk, Mahaska, Marion, Monroe, Appanoose, and the counties west of the counties of Marion, Monroe and Appanoose.

Fourth district-Johnson, Linn, Benton, Iowa, Powesheik, Jasper, Polk, Dallas, Tama, Marshall, Story, Boone, and the counties west.

SEC. 2. Publication and effect. And be it further enacted, that this act shall take effect and be in force from and after its publication in the weekly newspapers printed in Iowa City.

Approved, February 4th, 1847.
Published in the Standard and Reporter, February 10th, 1847.

CHAPTER 27.

SALARIES.

AN ACT fixing the salaries of certain officers therein named, and providing for their

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

SECTION 1. Salaries-judges. That the annual salary of the governor of this state shall be one thousand dollars; of the secretary of state, five hundred dollars; of the auditor of state, six hundred dollars; of the treasurer of state,

our hundred dollars, and of the judges of the supreme and district courts, each one thousand dollars.

SEC. 2. Salaries to be audited. That the salaries of the respective officers enumerated in the first section of this act shall be audited and allowed, as fixed by this (40) act, as other public services, and paid quarterly out of any moneys in the treasury not otherwise appropriated.

SEC. 3. Services to commence first Monday in December, except judgesproviso. That the services of the officers enumerated in the first section of this act shall be considered as commencing on the first Monday in December in each year, except those of judges of the supreme and district courts, whose annual srvices shall commence as may hereafter be fixed by law: provided, that the salaries of the present governor, auditor, secretary of state and treasurer, shall date from the first Monday of December, 1846.

SEC. 4. Publication and effect. That this act shall take effect and be in force from and after its publication in the weekly newspapers published in Iowa City.

Approved, February 4th, 1847.
Published in the Standard, Feb. 10th, 1847, and in the Reporter, Feb. 17th, 1847.

CHAPTER 28.

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 appointed—where to commence. That Richard Abernathy, of Van Buren county, John Allen, of Davis county, and J. F. Stratton, of Appanoose county, be, and they are hereby appointed commissioners to locate and establish a state road, commencing on the Sullivan line, so as to intersect the road leading to Churchville, in Missouri; thence west, to Bradford's tavern, in Van Buren county; from thence to B. F. Wilsons; thence to the house of John A. Drake, in Davis county; thence to Joshua Patterson's, thence the nearest and best route to the west line of Appanoose county.

SEC. 2. When to meet-duties. Said commissioners, or a majority of them, shall meet on the first Monday of October, or within thirty days thereafter, and call to their assistance a competent surveyor, and other necessary hands, and proceed to locate said road according to law.

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

Approved, February 4th, 1847.

[41] CHAPTER 29.

STATE ROAD.

AN ACT to locate and establish a state road from West Point, in Lee county, to Bona

parte, in Van Buren county.

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

SECTION 1. Commissioners appointed. That Jacob Henkle, sen., and Jacob Grewell, of the county of Lee, and Giles Wells, of the county of Van Buren, be and they are hereby appointed commissioners to lay out and establish a state road, beginning at a public road leading from West Point to Farmington, at or near Big Sugar creek, in Franklin township, Lee county; thence, raising the bluffs of said creek, at the best and most suitable place, so as to strike the section line north of sections fifteen and sixteen, township - north, and thence along said line as near as practicable to the town of Bonaparte, in Van Buren county.

SEC. 2. Where to meet-duties. Said commissioners, or a majority of them, shall meet at the house of Charles McVay, in Lee county, on the second Monday of April next, or within thirty days thereafter, and proceed to lay out and establish said road according to law.

SEC. 3. Assistance-how paid. Said commissioners shall take to their assistance a surveyor and necessary hands, who, together with the commissioners, shall receive such compensation, and in such manner, as is allowed by law.

Approved, February 4th, 1847.

CHAPTER 30.

PROSECUTING ATTORNEYS.

AN ACT to define the duties of prosecuting attorneys, and provide compensation for

their services.

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

SECTION 1. Duties of prosecuting attorney-exception. That it shall be the duty of the prosecuting attorney in each county to prosecute all pleas, plaints, indictments and presentments, and prosecute all suits against delinquent sheriffs and collectors of the state and county revenue, and other persons who now are or may hereafter be indebted to the state, or any of their respective counties, where the state or county may be a party, except in cases where the complaint shall be made in the name of the state or county, for the benefit of some third person.

[42] SEC. 2. Give advice-not to assist any person charged with crime-penalty. The said prosecuting attorneys shall give their advice to the civil officers and officers of common schools of their respective counties touching any matter in which the public have an interest; and any prosecuting attorney who shall in any way assist any person or persons charged with having committed any crime or misdemeanor in their respective counties shall, upon conviction thereof, be forever disqualified from holding any office of profit or trust under the laws of this state.

Sec. 3. Take an oath-duty of clerk of dist. court. The said prosecuting attorneys, before entering upon the duties of their office, shall take an oath to faithfully discharge the duties of their office; which oath it shall be the duty of the clerk of the district court of the county in which they reside, to administer and endorse upon the back of their certificate of election, which certificate shall be preserved by the said clerk with the papers in his office.

SEC. 4. Compensation of attorneys-proviso. And as compensation for their services, the said prosecuting attorneys shall receive the following: For attending the grand jury, per day....

.$3.00 For drawing each indictment

2.50 For prosecuting each criminal case.

..10.00 For prosecuting each misdemeanor

5.00 For prosecuting or defending each civil suit in the district court, when the state or county is a party....

...10.00 Provided, however, that when any indictment shall be quashed, the said attorneys shall receive no compensation for drawing the indictment or arguing the case before the court.

SEC. 5. Duty of county commissioners-proviso. That whenever the said prosecuting attorney shall present to the board of county commissioners of their proper county their bill for services rendered, duly certified by the clerk of the district court of their county, that the services mentioned in said bill have been rendered, and that said bill is correct, it shall be the duty of said county commissioners to allow the same, and order that amount to be paid by the treasurer of said county: provided, that in no case shall the clerk certify to any services rendered in any case then pending in court.

SEC. 6. Vacancy in the office of prosecutor to be filled by judge. That whenever a vacancy shall occur by death, resignation or removal from office of the prosecuting attorney, it shall be the duty of the judge of the district court for said county in which the said attorney resided to fill the vacancy, by appointing some member of the bar to act until a successor is elected and qualified.

SEC. 7. Take effect. This act to take effect and be in force from and after the first Monday in August next.

Approved, February 4th, 1847.

[43] CHAPTER 31.

THE MINERS' BANK.

AN ACT to provide for the payment of the debt due the Miners' Bank, of Dubuque.

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

SECTION 1. Auditor required to audit the debt due the bank-to apply the proceeds of the sale of lots-proviso-publication and effect. That the auditor of state be, and he is hereby authorized and required to issue his warrant on the treasurer, to the “President, directors and company of the Miners' Bank of Dubuque," or to their assigns, for any amount of balance of debt and interest which may be found to be due to the said company by the late territory of Iowa, after applying the proceeds of the sale of lots under the provisions of “An act to provide for the payment of the debt due the Miners' Bank of Dubuque," approved May 10th, 1845 : provided, that the said president, directors and company, or their assignee, shall first surrender to the auditor the evidences of debt executed to them by the territorial agent, under the act of the 15th of January, 1841.

This act shall take effect from and after its publication in the weekly newspapers of Iowa City.

Approved, February 8th, 1847.
Published in the Reporter and Standard February 17th, 1847.

CHAPTER 32.

GOVERNOR.

AN ACT prescribing the general duties of the governor.

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

SECTION 1. To transact all necessary business. That the governor shall carefully and promptly transact all necessary business with the officers of the state, both civil and military, and discharge all the duties which may be required of him by law.

SEC. 2. To deposit acts, etc., in secretary's office. He shall cause all acts and joint resolutions of the general assembly which have become laws or taken effect by his approval thereof, or otherwise, to be deposited in the office of the secretary, without delay.

SEC. 3. Duty in cases of certain suits. Whenever he shall receive notice of the commencement of any suit or proceedings between other parties, by which the rights, interests and property of the state shall be liable in any wise to be [44] affected, he shall, if the public interest require it, employ such additional counsel, attorneys or other persons, to act in conjunction with the attorney general, as he may judge proper to protect the rights and interests, and make every legal and equitable defence on behalf of the state against such suit or proceedings.

SEC. 4. Expenses to be paid by the state. All expenses incurred under the last preceding section in taking care that the laws are faithfully executed, and in recapturing fugitives from justice of this state to other states and territories, if the governor shall allow the same, shall be paid out of the moneys appropriated by the general assembly for such purposes.

SEC. 5. Treasurer, secretary and auditor to report. The treasurer and the secretary of state, and the auditor of public accounts, shall respectively report to the governor all defalcations, and all neglect of duty of any disbursing or collecting officer or agent of the state, who is required to file his bond with either the said treasurer, secretary and auditor; and, also, all failures to perform any undertaking made by any person with this state, whose bond, contract or obligation is filed either with such secretary, treasurer or auditor.

SEC. 6. Duty of governor upon reports. Upon such report being made to the governor, he shall direct suit to be brought for any such default, neglect, failure or non-performance thereof, and cause all other necessary and proper matters and things to be done for the due prosecution of such suit.

SEC. 7. Incidental expenses to be paid by state. All necessary incidental expenses of the governor, connected with the duties of his office, shall be paid by the state.

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