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CHAPTER 36.

AUDITOR.

AN ACT to authorize the auditor of state to audit and allow expenses of the supreme court of this state.

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

SECTION 1. Expenses of supreme court to be certified by said court. That none of the expenses of the supreme courts of this state shall be audited or allowed by the auditor of state, until said claim or demand shall be certified by a majority of said court to be correct, and that the person or persons claiming the same are justly entitled to payment for the same out of the state treasury, and the amount thus certified shall be specified in said certificate.

[57] SEC. 2. Claim examined in open court. No claim shall be allowed or certified by the said court, except in open court, and in the district for which said expenses were incurred, or services rendered.

SEC 3. Auditor to allow. Whenever a claim or demand, certified as above, shall be presented to the auditor of state, he shall audit and allow the same, and issue his warrant upon the treasurer of state for the same.

SEC. 4. Take effect. This act shall take effect and be in force from and after its publication, by one insertion, in the Iowa Capital Reporter and Iowa Republican, printed in Iowa City.

Approved, Jan. 9, 1849.

Published in Reporter and Republican, January 17th, 1849.

CHAPTER 37.

SUPREME COURT.

AN ACT to authorize the supreme court to hold special terms.

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

SECTION 1. Supreme court may hold special sessions. That the judges of the supreme court, or a majority of them, may whenever the public good or convenience requires it, appoint a special term of the supreme court of this state, in any district for the trial of any criminal cause heretofore taken, or hereafter to be taken to the supreme court, by writ of error or otherwise.

SEC. 2. Judges to notify clerk-clerk to give notice. Whenever any special term of the supreme court may be ordered as aforesaid, said judges shall notify the clerk of the supreme court of the proper district of the fact, and the time when said court shall be held, whereupon it shall be the duty of said clerk to give notice of the same, by publication in some newspaper published in said district, at least three weeks before the commencement of said term, by at least two insertions in said newspaper.

SEC. 3. Causes taken to regular term to be triable at special term. All causes as aforesaid heretofore taken, or hereafter to be taken, to any regular term of the supreme court, shall be considered returnable and triable at said special term or terms, but may for good cause, be continued from term to term of any regular or special term.

SEC. 4. Power and duty of supreme court. The said supreme court shall have power, and it is hereby made their duty, to pronounce sentence in cases where the judgment of the court below in criminal cases is affirmed.

SEC. 5. Take effect. That this act shall take effect and be in force from and af-[58]ter its publication, by one insertion, in the Iowa Capital Reporter and Iowa Republican, printed in Iowa City.

Approved, January 9, 1849.

Published in Reporter and Republican, Jan. 17th, 1849.

CHAPTER 38.

SWINE.

AN ACT to restrain swine from running at large in Clinton county.

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

SECTION 1. Poll to be opened in Clinton county-clerk of commissioners to give notice. That at the next general election in Clinton county, a poll shall be opened in each township in said county, to determine whether swine shall run at large in said county. Notice shall be given of said election, by the clerk of the board of commissioners of said county, in the same manner and at the same time of notices of the general election. The electors in said county may vote at said election, "swine at large" or "swine not at large."

SEC. 2. Return of votes to be made-votes to be canvassed. The judges of election shall make returns of said votes so polled, to the clerk of the board of commissioners of said county at the same time that they make returns of the other votes polled at said election, which said votes shall be canvassed by the clerk of the board of commissioners and justices of the peace, at the same time that the other votes cast at said election are canvassed.

SEC. 3. Majority of votes being "swine not at large," clerk to give notice -owner to restrain swine-liable for damages. If a majority of the votes so cast upon said question, shall be "swine not at large," the said clerk shall immediately cause public notice thereof to be given, by posting up three written or printed notices in each township of said county, and from and after the posting of such notices, every owner of swine in said county shall restrain them from running at large; and in the event of a failure to do so, shall be liable for any damages done by his swine, to be recovered by action of tresspass, by the party injured.

SEC. 4. Swine running at large to be sold-proceeds of sale to be paid to county treasurer-proviso. After the publication of such notice, any person may take possession of any swine found running at large in said county, and give notice thereof to any constable of said county, who shall have power to sell the same upon giving ten day's notice of the time and place and sale, the proceeds of which sale, after payment of costs and charges of keeping, shall be paid into the county treasury, to be applied [59] to the use of common schools. Provided, the owner or any person for him. shall, on or before the day of such sale, pay the costs and charges, the constable is hereby required to release said swine to the person making such application.

Approved, January 12, 1849.

CHAPTER 39.

SHERIFFS.

AN ACT supplemental and amendatory of an act, entitled "An act for the appointment and duties of sheriffs.

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

SECTION 1. Sheriffs not to attend on probate and county commissioners' courts. That so much of the eleventh section of the act to which this is amendatory, as requires the sheriffs of each county to attend on probate courts and boards of county commissioners, at the terms and sessions of such courts and boards, be, and the same is hereby, repealed.

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

CHAPTER 40.

CANAL.

AN ACT to authorize William F. Brackenridge to take water from the Wabesipinicon river, and to create a water power.

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

SECTION 1. Authority to take water from the Wabesipinicon-width of canal. That William F. Brackenridge, his heirs and assigns, be, and hereby are, authorized to take water from the Wabesipinicon river, on or near section seventeen, (17,) in township No. eighty, north of range five east of the fifth principal meridian, and convey the same by canal, not exceeding in width forty feet and in depth four feet, through said section, and section twenty, twenty-one, twenty-eight, twenty-seven, thirty-four, and thirty-five, in said township, and sections No. two and eleven, in township seventy-nine, north of range five east, or within one-half mile of said sections, to the Mississippi river, for the purpose [60] of rendering the water power available for milling and manufacturing purposes.

SEC. 2. Exclusive right proviso-owners consent to be procured. The said William F. Brackenridge, his heirs and assigns, shall have the sole and exclusive right to the use and control of the water power thus created or rendered available: provided, he or they shall begin and complete said work within ten years from the passage of this act: and provided further, that he or they shall procure the consent of the owners of the land through which said canal shall pass, or shall pay the damages assessed in the manner hereinafter provided.

SEC. 3. Select disinterested persons to assess damage. If the route of said proposed canal shall pass through any land owned by any other person or persons than said William F. Brackenridge, his heirs or assigns, and such owner shall not give his, her or their consent thereto, it shall be lawful for the said Wm. F. Brackenridge, his heirs or assigns, to select one disinterested person to appraise the damages sustained by such owner or owners by the passage of such canal through his, her, or their land, and give notice thereof to such owner or owners, who may select another disinterested person for the same

purpose. The said persons so selected shall proceed to assess the damages that would be sustained by such owner or owners by the passage of such canal through his, her, or their land; and if the persons so selected cannot agree, they may select a third person, the agreement of a majority of whom shall be final.

SEC. 4. Owner failing to select a person to assess damage it may be assessed by the individual selected by the corporators. If the said owner or owners shall fail or neglect, within a reasonable time after being notified as aforesaid, to select a person who will act with the person so selected by said William F. Brackenridge, his heirs or assigns, then it shall be lawful for the said person so selected by said William F. Brackenridge, his heirs or assigns, to proceed and assess the damages as aforesaid.

SEC. 5. Upon payment of damage the corporators authorized to make canal. Upon the payment of damages assessed as aforesaid, to the owner or owners of any such land, the said William F. Brackenridge, his heirs or assigns, shall be authorized to make such canal through such land in the same manner he or they might do if the owner or owners of said land had given their consent thereto.

SEC. 6. Take effect. This act to take effect and be in full force from and after its publication according to law.

Approved January 12, 1849.

[61] CHAPTER. 41.

FERRY.

AN ACT to authorize Israel Atherton to establish and keep a ferry across the Mississsippi river, at a point in Scott county opposite Cordovia, in the state of Illinois.

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

SECTION 1. Ferry across the Mississippi-proviso. That Israel Atherton, his heirs and assigns, are hereby authorized to establish and keep a ferry across the Mississippi river, at a point in Scott county, opposite Cordovia, in Illinois, for the term of fifteen years, with the exclusive privilege to the same, extending one mile each way, up and down said river along the west bank thereof, from the usual landing point. Provided, that said Atherton, his heirs and assigns be subject to all laws now in force, or which hereafter may be in force, regulating ferries. Provided further, that said Atherton, his heirs and assigns keep, or cause to be kept at said ferry, at all times, a good and sufficient boat or boats for the safe conveyance of passengers, horses, teams, cattle and hogs across said river without delay.

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

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

CHAPTER 42.

COMMISSIONERS OF DES MOINES COUNTY.

AN ACT legalizing the acts of the county commissioners of Des Moines county. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Session of the board, October, 1848, legalized. That each and every act performed by the county commissioners of Des Moines county at their session held on the first Monday of October, 1848, be, and the same are hereby declared to be as legal and valid in law, as if the said commissioners had met agreeably to the [62] fifth section of an act organizing a board of commissioners in each county.

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

CHAPTER 43.

REPEAL.

AN ACT to repeal an act, entitled "an act for the relief of the poor."

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

SECTION 1. Repealing section. That an act, entitled "an act for the relief of the poor," approved February 25, 1847, be, and the same is hereby repealed. SEC. 2. Take effect. This act shall take effect and be in force from and after its publication according to law.

Approved, January 12, 1849.

CHAPTER 44.

STATE ROAD.

AN ACT to locate a state road leading from Burlington, in Des Moines county, to Fort Madison, in Lee county.

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

SECTION 1. Commissioners. That John W. Webber (surveyor) and Henry Walker, both of Des Moines county, and Abraham Hyter and Jacob Hunor, of Lee county, be, and they are hereby appointed commissioners to survey and locate a state road, commencing at the city of Burlington, in Des Moines county, and leading to the city of Fort Madison, in Lee county.

SEC. 2. When to discharge their duties. Said commissioners shall proceed to the discharge of their duties as required by this act, on or before the first day of May next, at Burlington, having severally taken and subscribed an oath, administered by any justice of the peace for the city of Burlington,

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