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the manner in which the prisoners shall be employed, to see that they are furnished with necessaries, and to make such rules as he may deem expedient for their regulation and government.

SEC. 9. Compensation of agent. The agent shall receive for his services the sum of four hundred dollars, to be paid out of any funds in the treasury, at the time of the termination of the work for which he was appointed.

SEC. 10. Payment of keepers, etc. The funds necessary for paying a keeper and furnishing necessaries, may be taken from the amount appropriated for the work herein authorized.

SEC. 11. Agent's report. The agent shall report his actings and doings in the premises, in full, to the governor, to be laid before the general assembly at the commencement of the next and any subsequent session while he may remain in office.

Approved, February 25th, 1847.

[149] CHAPTER 102.

PENITENTIARY.

AN ACT to authorise the auditor to audit certain certificates of indebtedness, on account of expenses connected with the penitentiary.

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

SECTION 1. Certificates be audited. That the auditor of state is hereby authorized and required to audit certain certificates of indebtedness for necessary expenses of the penitentiary, issued by John W. Cohick, in the early part of the year 1846, while said Cohick was warden of said penitentiary, and before he became the lessee thereof.

Approved, February 25th, 1847.

CHAPTER 103.

FORT MADISON.

AN ACT to provide for the repeal of the charter of Fort Madison, in Lee county. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Mayor and aldermen, duty as to funds. That the mayor and board of aldermen of the town of Fort Madison shall have no power to appropriate any of the funds collected or to be collected by them, other than for the payment of the officers of said town, and the debts of the corporation now existing and unpaid-that it shall be their duty to pay said debt or debts as soon as they shall be enabled to do so, by levy and assessment of taxes upon property in said corporation, not exceeding the rate per cent. levied the past year. SEC. 2. Grocery and tavern licenses. All sums of money arising from grocery and tavern licenses, and other sources of revenue in said town, shall be applied to the payment of said debts.

SEC. 3. Election-notice-repeal. It shall be the duty of the said mayor and board of aldermen, as soon as the debts of said town are paid, to give notice thereof to the inhabitants of said town by a written notice put up in four public places, notifying the inhabitants of said corporation that an election will

be held in the several and respective wards, wherein the inhabitants would be called upon to vote whether said incorporation be repealed or not. If a majority of the legal voters vote for repeal, the same is hereby repealed; if such majority should be against repeal, the charter of said corporation shall continue and be in full force. Said election [150] to be conducted in the same manner as other elections of said corporation.

SEC. 4. In case of repeal. In case a majority of the said inhabitants shall vote for a repeal of said corporation, then and in such case the said town shall become part and parcel of the township of Madison, to be governed by the same laws as other townships are governed.

SEC. 5. To take effect. This act shall take effect and be in force from and after its passage.

Approved, February 24th, 1847.

CHAPTER 104.

JONES COUNTY.

AN ACT to provide for the place of holding district courts in Jones county.

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

SECTION 1. Where court to be held. That the place of holding courts in Jones county shall be at the old court house in Edinburgh, in said county, until another place is provided by the county commissioners.

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

Approved, February 24th, 1847.

CHAPTER 105.

POOR OF LEE COUNTY.

AN ACT for the relief of the poor.

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Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Act repealed as to Lee county. That the act of the territorial legislature entitled "An act amendatory of an act for the relief of the poor,' approved February the 12th, 1844, be, and the same is, hereby suspended, repealed and declared to be of none effect in the county of Lee, anything in said act of a general nature to the contrary notwithstanding.

SEC. 2. Duty of commissioners-vote to be taken. That the board of commissioners of said county may, and they are hereby authorized and empowered, at their discretion to order, time after time, at any general election hereafter to be held, that the legal voters in said county shall vote for or against the erection of a poor house in said county; and if a majority of votes at any election as aforesaid, be for a poor house, then all elections for or against a poor [151] house under this act in said county shall cease; and the board of commissioners shall proceed according to the provisions of an act of the territorial legislature, entitled "An act to authorize the establishment of poor houses," approved February 17th, 1842.

SEC. 3. Notice and returns. The manner of giving notice of and conducting said elections under this act, and the manner of making returns thereof to the board of county commissioners of the result of said election, shall in all respects be conducted, as nearly as may be, in accordance with the laws now in force regulating general elections.

SEC. 4. To take effect. This act shall take effect and be in force from and after its publication once in the Lee County Democrat, at the expense of said county.

Approved, February 25th, 1847.

CHAPTER 106.

WILLS, EXECUTORS, ETC.

AN ACT to amend an act relative to the probate of wills, executors, administrators, etc., approved Feb. 13th, 1843.

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

SECTION 1. Failure to pay-duty of court. That if any executor or administrator shall fail to pay the amount due to any creditor of the estate, or other person entitled thereto, in compliance with the written order of the judge of probate, such executor or administrator and his securities, shall be cited to appear before the probate court, at a time specified in the citation, giving at least ten days notice thereof, to show cause why he has so failed as aforesaid; and if no sufficient cause be shown, the probate court is hereby authorized and required to render judgment against such executor or administrator, and his securities, for the amount due in any such case, together with the costs of suit, and to issue execution therefor.

SEC. 2. Effect of judgment. Judgments rendered by the courts of probate shall have the same force and effect as judgments rendered in the district courts of this state: provided, that nothing herein contained shall prevent an appeal therefrom to the district court, as in other cases.

SEC. 2. Section repealed. The sixteenth section of the fifth chapter of the act entitled "An act relative to the probate of wills, executors, administrators, etc.," approved Feb. 13th, 1843, is hereby repealed.

SEC. 4. Section amended-letters revoked-liability. The ninth section of the sixth chapter of the act to which this is amendatory, is hereby so amended as to read as follows: "When any executor or administrator, after being duly cited by the judge of [152] probate, shall neglect to render any account of his administration, the judge of probate may revoke his letters and appoint a new administrator, with the will annexed, or otherwise, as the case may be; and the executor or administrator so neglecting to render his account, shall, with his securities, be liable in an action on the administration bond, before the probate or district court, for the value of the goods and chattels, rights and credits, for which he is justly chargeable.

SEC. 5. Section amended-costs. That the twelfth section of the said act of the 13th of Feb. 1843, be so amended as to read as follows, to wit: "That if judgment shall be recovered against an executor or administrator for costs in any suit commenced or prosecuted by him in that capacity, execution shall not be awarded against him, as for his own debts, unless it shall appear to the court that the suit was commenced or prosecuted unnecessarily, or without any reasonable cause.

SEC. 6. To take effect. This act to take effect and be in force from and after its publication in the weekly newspapers published in Iowa City.

Approved, February 25th, 1847.

Published in the Reporter March 17th, and in the Standard March 18th, 1847.

CHAPTER 107.

REPEAL.

AN ACT to repeal an act herein named.

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

SECTION 1. Act repealed. That an act passed at the present session of this general assembly to change the name of Knoxville, in Marion county, be, and the same is, hereby repealed.

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

Approved, February 24th, 1847.

CHAPTER 108.

FERRIES.

AN ACT for extending the powers of the board of county commissioners in regard to licensing and regulating ferries.

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

SECTION 1. Ferry license-conditions-requirements to fix rates. That, in addition to the powers now granted to the board of county [153] commissioners, they are hereby authorized and empowered to grant privilege to any person or persons to keep a ferry on any waters within the state, upon the following conditions and limitations:

First-The board of county commissioners in the several counties in this state may authorize any person or body politic to use and exercise the rights to keep a ferry on any of the waters of this state, or bordering on the same, who may give satisfactory evidence of their ability to comply with such regulations as the county commissioners may prescribe, which privilege may extend as far above, and as far before any given point as they may direct, not exceeding two miles, for any term not exceeding twelve years.

Second-The board of county commissioners shall require of the person to whom they may grant ferry privileges to keep constantly at said ferrying point such suitable boat or boats, with fixtures and hands, as they may think suited to public convenience, which shall be distinctly set forth in the license, and shall also prescribe such other and further duties as may be thought proper for the good of the public.

Third-Said commissioners shall have power to fix the rates of ferriage, and the amount which shall be paid the county annually.

SEC. 2. License in two counties. That any person desirous of keeping a ferry across any stream which forms a dividing line between two counties shall, before he establish a ferry or be in any wise authorized to keep one, obtain license from both counties.

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SEC. 3. Repealing section. That all laws coming in conflict with the provisions of this be, and the same are, hereby repealed.

SEC. 4. Bond. That the county commissioners shall require of any person or persons obtaining a license under the provisions of this act, to give bond with sufficient security for the faithful performance of their duties.

Approved, February 24th, 1847.

CHAPTER 109.
ELECTIONS.

AN ACT defining the time of holding elections for state, district and county officers. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. State officers. That there shall be elected, by the qualified electors of this state, one governor, one secretary of state, one treasurer of state and one auditor of public accounts.

[154] SEC. 2. Governor. That the governor shall be chosen every four years, counting from the first Monday in August, eighteen hundred and forty-six, and shall hold his office until his successor is elected and qualified.

SEC. 3. Secretary, treasurer and auditor. That the secretary of state, auditor of public accounts, and treasurer, shall be chosen biennially, counting from the first Monday in August, eighteen hundred and forty-six, and shall hold their respective offices until their successors are elected and qualified.

SEC. 4. Judges. That the judges of the district court shall be chosen at the township election, on the first Monday in April, eighteen hundred and fortyseven, and every five years thereafter, and shall hold their respective offices until their successors are elected and qualified.

SEC. 5. County officers-district clerks and prosecutors. That there shall be chosen on the first Monday of August, eighteen hundred and forty-seven, and biennally thereafter, in each county in this state, one probate judge, one sheriff, one coroner, one county commissioners' clerk, one recorder, one surveyor, and one sealer of weights and measures, and shall hold their respective offices until their successors are elected and qualified; and in those counties where there was no election for clerks of the district court and prosecuting attorneys at the last election, there shall be elected on the first Monday in August next, one clerk of the district court and one prosecuting attorney, who shall hold their offices until the general election on the first Monday in August, 1848, and until their successors are elected and qualified.

SEC. 6. Senators and representatives. That on the first Monday in August in 1848, and biennially thereafter, there shall be elections held as aforesaid for the election of representatives, and also for senators in those districts where the terms of those elected have expired.

SEC. 7. County commissioners. That the elections for county commissioners shall take place as is now provided by law.

Approved, February 25th, 1847.

CHAPTER 110.

CITY OF KEOKUK.

AN ACT to incorporate the city of Keokuk.

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

SECTION 1. Boundaries and style-powers-seal. That all that part of frac tional township number sixty-five (65) north, of range four (4) west of the fifth

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