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SEC. 8. Repealing section. All acts and parts of acts coming in conflict with this act be, and the same are hereby repealed.

SEC. 9. Take effect. This act to take effect and be in force 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 33.

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 Sullifand S. Ross, and John C. Haymond, of the county of Jefferson, and E. Johnston, of the county of Keokuk, be and they are hereby appointed commissioners, to lay out and establish a state road, com- [45] mencing at a point where the territorial road leading from Mount Pleasant, in Henry county, to Fairfield, in Jefferson county, crosses the western line of Henry county; thence, on the nearest and best ground, to S. S. Ross'; thence to a pass between the farms of Caleb Cooper and Leam's; thence, on the nearest and most practicable route to a point on the middle fork of Walnut creek, where the road leading from Fairfield, in Jefferson county, to Richland, in Keokuk county, crosses said creek; thence, on the nearst and most prac

irable route, to intersect the county road at the bridge near the farm now occupied by Ephraim Wilcox, in Keokuk county.

SEC. 2. To meet in May next-how governed. Said commissioners shall meet at the place of commencing said road, on the second Monday of May next, or within sixty days thereafter, and proceed to discharge the duties required of them by this act; and shall in all respects be governed by the laws of this state providing for laying out and opening state roads.

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

Approved, February 8th, 1847.

CHAPTER 34.

STATE ROAD.

AN ACT to locate a State road from Walling's landing to Washington.

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

SECTION 1. Commissioners—duties. That Spencer Wilson and Aaron D. Ilawley, of the county of Louisa, and Joseph Neal, of the county of Washington, be and they are hereby appointed commissioners to locate and establish a state road, from Walling's landing, on the nearest and best route, ti, Grandview; thence, on the nearest and best route, to Fredonia ; thence, on the nearest and best route, to Columbus city, in the county of Louisa ; thence, on the nearest and best route, to Crawfordsville, in the county of Washington; thence, on the nearest and best route, to Washington.

SEC. 2. When to meet. Said commissioners, or a majority of them, shall meet at Grandview, in Louisa county, on the first Monday of March next, or on any day within three months thereafter, and proceed to discharge their duties.

SEC. 3. Surveyor of Louisa county—compensation. The county surveyor of Louisa county, is hereby appointed surveyor of said state road. The said commissioners, surveyor, and the necessary assistants, shall receive such compensation as the board of commissioners of the county of Louisa and the county of Washing-[46]-ton shall respectively determine, for the services rendered in their respective counties.

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

Approved, February 8th, 1847.

CHAPTER 35.

TERRITORIAL ROAD.

AN ACT to amend an act entitled "An act to locate a territorial road therein named,"

approved, January 17th, 1846.

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

SECTION 1. Act amended—when to be established. That an act entitled “An act to locate a territorial road therein named," approved January 17th, 1846, be so amended as to allow the commissioners appointed by said act to complete the location and establishment of said road, at any time prior to the first day of July, 1847.

SEC. 2. Take effect. This act to take effect and be in force from and after its passage.

Approved, February 8th, 1847.

CHAPTER 36.

CHANGING NAMES.

AN ACT to confer the authority of changing the names of persons, towns and villages

upon the district court.

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

SECTION 1. That the district court shall have the authority to change names of persons, and the names of towns and villages within this state.

SEC 2. Petition to be filed-contents-duty of district court-notice-change made. That any person desiring to change his or her name, may file a petition in the district court in the county in which such person may be a resident, setting forth—first, that the petitioner has been a bona fide citizen of such county at least one year previous to the filing of the petition-second, the cause for which the change of petitioner's name is sought-third, the new name which may be asked for. And it shall be the duty of the district court, at any term thereof after the filing of such petition, upon being duly satisfied by proof in open court of the truth of the facts set forth in the petition, and that there exists proper and reasonable cause for changing the name of the petitioner; and [47] that thirty days previous notice of the intended application to the court had been duly given in some newspaper in such county, and, if no paper be printed in said county, then in the paper printed nearest the county seat of said county, to order and direct a change of the name of such petitioner, and that an order for that purpose be made upon the journals of such court.

SEC. 3. Names of towns-petition-notice-duty of court. That whenever it may be desirable to change the name of any town or village in any county in this state, a petition for that purpose may in like manner be filed in the district court for such county, signed by at least twelve landholders of the vicinity, setting forth the cause why such change is desirable, and the name prayed to be substituted; and the court, upon being satisfied by proof that the petition is just and reasonable, and that notice, as required in the foregoing section, had been given, and that the inhabitants of such town or village, or three-fourths thereof, desire such change, and that there is no other town or village in this state of the same name with that which is prayed for, may order a change of the name of such town or village as prayed for in the petition.

SEC. 4. Duty of clerk-costs-proviso. It shall be the duty of the clerk of the district court to keep a separate book for recording the proceedings under this act; and all proceedings under this act shall be had at the cost of the petitioners: provided, always, that any change of names under the provisions of this act shall not in any manner affect or alter any right of action, legal pro. cess or property.

Approved, February 8th, 1847.

CHAPTER 37.

LOAN.

AN ACT to provide for a loan, for the purpose of defraying the expenses, and paying

the creditors of the state.

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

SECTION 1. Money to be borrowed-time-rate. That there shall be borrowed, for the purpose of paying the current expenses of the state government, and to pay certain classes of debts hereinafter named, the sum of fifty-five thousand dollars, for a term not exceeding ten years, at a rate of interest not exceeding ten per centum per annum, payable semi-annually; the payment of the interest and the reimbursement of the principal, to be made at such place within the linited States as may be agreed upon.

SEC. 2. Bonds—how signed. The governor of the state is authorized and required to is- (48)-sue bonds, for and in behalf of the state, for the sum or sums of money which may be borrowed under the provisions of this act. stipulating for the payment of the interest and principal, in manner and form as may be agreed on, not contrary to the provisions of this act; which bonds shall he signed by the governor, and countersigned by the auditor of public accounts.

SEC. 3. Faith of state pledgedrevenue set apart—no tax on said bondsvalue not to be impaired. The state doth hereby irrevocably pledge its faith to provide adequate means to pay the interest due on said bonds, as the same becomes due, and to reimburse the principal as may be agreed on; and for these purposes the revenue arising from all the taxable lands, and other taxable property in this state, or so much thereof as may be necessary, shall be, and the same is hereby, set apart and pledged for that purpose; which revenue shall in no year be less than the amount payable for the interest or the principal, as the case may be, after the payment of all expenses of collection; and no tax shall ever be levied, by the legislative authority of Iowa, on the stock hereby created, nor on the interest which may be payable thereon: and further, that the value of said stock shall in no wise be impaired by the authority of this state.

SEC. 4. Where money to be paid-how paid out—legislative expenses-salaries—bank debt-convention expenses—other claims. All moneys or funds arising from the loan shall be paid into the state treasury, and be there subject to the payment of the debts hereinafter mentioned, and in the order in which they are named, to wit: The expenses growing out of the present session of the legislature, and the salaries of the state officers, so far as the same may be due; the debt due the Miners' Bank of Dubuque; the expenses incurred by the two conventions held for the formation of a constitution of this state; and then other duly authenticated claims against the state in the order in which the same may be presented.

SEC. 5. Agent his duties-duty of governor. That William F. Coolbaugh be, and he is hereby appointed an agent on the part and in behalf of the state to negotiate said loan, to sell and transfer the bonds, and to do and perform all things necessary and proper for fulfilling the purposes of this act. It shall be the duty of said agent to communicate a full and official statement of all his acts and proceedings with reference to the negotiation of the loan to the governor of the state, who shall communicate the same to the legislature as soon as practicable.

SEC. 6. Agent to give bond-approved and filed. The said agent shall give bond with securities in the amount of sixty thousand dollars for the faithful performance of his duties, which bond shall be approved by and deposited with the auditor of state.

SEC. 7. Compensation. That the said agent shall be allowed such compensation, in addition to his necessary expenses, for the services required by this act, as shall seem just and proper to the auditor and treasurer of state.

[49] SEC. 8. Duties, how executed-proviso-state stock. It shall be deemed a good execution of the powers and duties prescribed by this act, for the agent to sell the bonds herein authorized to be made: provided, that in no instance shall said bonds be sold for less than their nominal par value; which bonds, when made as aforesaid, shall be called the Iowa state stock.

SEC. 9. Repealing section. That the act entitled "An act to provide for a loan for the purpose of defraying the expenses and paying the creditors of the state,” approved December (19th,] 1816, be, and the same is hereby repealed.

SEC. 10. To take effect. That this act shall be in full force and effect from and after the date of its publication in one or more newspapers in Iowa City.

Approved, February 9th, 1847.
Published in the Reporter and Standard February 17th, 1847.

CHAPTER 38.

FAIRFIELD,

AN ACT to incorporate the town of Fairfield.
Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Incorporated. That the southwest quarter of section No. twenty-five in township No. seventy-two north, of range No. ten west, being in the county of Jefferson, in which is embraced the village of Fairfield, be, and the same is hereby constituted a town corporate, and shall hereafter be known by the name of the town of Fairfield.

SEC. 2. Election-officers-proviso. It shall be lawful for the free male inhabitants of said village having the qualifications of electors, to meet at the usual place of holding elections in said town of Fairfield, on the second Monday of April next, and on the second Monday of April annually thereafter, at such place in said town as the town council shall direct, and then and there proceed to elect, by ballot, a mayor, recorder, and three trustees, who shall have the qualifications of electors, and reside within the limits of the corporation; and said mayor, recorder and trustees shall hold their offices for one year, and until their successors are elected and qualified, and any three of them shall be a board for the transaction of business, but a less number may adjourn from time to time: provided, that a failure to elect on said day shall not forfeit the charter; but an election may be had on any succeeding day, pursuant to notice to be given in the manner hereinafter provided.

SEC. 3. First election_subsequent elections-officers to take oath. That at the first election to be held under this act, two (50) judges and a clerk shall be chosen, viva voce, by the electors present, who shall each take an oath or affirmation faithfully to discharge the duties required of him by this act; and, at all subsequent elections, the mayor or any two of the trustees shall sit as judges, and the recorder, or in his absence, some one of the council, pro tempore shall sit as clerk; and at all such elections the polls shall be opened at one o'clock in the afternoon, and close at the hour of four o'clock in the same afternoon, and, at the close of the polls, the votes shall be counted and a statement thereof proclaimed at the door of the house in which the election was held; and the persons elected shall, within ten days after their election, take an oath to support the constitution and laws of the United States and of this state, and an oath of office, a certificate of which shall be deposited with the recorder, and by him preserved.

SEC. 4. A body politic-name-powers—how suits commenced. The mayor, recorder and trustees of said town shall be a body politic and corporate with perpetual succession, to be known by the name of the town of Fairfield, and shall be capable in law to acquire property, real and personal, for the use of said town, and sell and convey the same; may have a common seal, and may alter the same at pleasure; may sue and be sued, plead and be impleaded, an. swer or be answered unto, in any court of law or equity in this state; and, when any suit shall be commenced against said corporation, the first process shall be a summons, a certified copy of which shall be left with the recorder, and, in his absence, with the mayor, at least ten days previous to the return thereof.

SEC. 5. Authority of the mayor, etc—marshal and treasurer—fines, how paid. That the mayor, recorder and trustees, or a majority thereof, of whom the mayor or recorder shall always be one, shall have authority to make, ordain and publish all by-laws and ordinances, not inconsistent with the constitution and laws of the United States and of this state, as they shall deem necessary and proper for the promotion of morality as well as for the good regulation, interest, safety, health and cleanliness of said town and the citizens thereof. They shall have power to fill all vacancies that may happen, by death or otherwise, of any of the officers herein named. They shall also have power to appoint a treasurer, marshal, and such other subordinate officers as they may deem needful; to prescribe their duties and require surety for their performance; to remove them at pleasure, and to establish the fees of all officers in the corporation not established by this act. They shall have power to impose fines for a breach of their ordinances; which fines may be recovered, with costs, before any justice of the peace in said town, by an action of debt, in the name

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