SEC. 4. Compensation-whom to pay fees. The sheriff and appraisers shall receive the same fees for their services rendered in appraising said improvements, that they would be entitled to in case of appraisement of lands levied upon by virtue of an execution, including traveling fees; which fees shall be equally paid by the plaintiff and defendant in said suit, and shall be taxed by the clerk of said court in his bill of costs.

SEC. 5. Writ of possession not to issue until ten days after the value of improvements shall have been paid. That in all such cases, no writ of possession shall issue until the expiration of ten days after the amount of the appraised value of such improvements, as aforesaid, shall be deposited with the clerk of said court, for the use and benefit of the defendant, his heirs and assigns, whose duty it shall be to pay the same over to the defendant or his legal representatives on demand, taking a receipt therefor.

SEC. 6. Benefit of this act to apply in all cases pending. That the benefits and provisions of this act shall apply to all actions of right or ejectment pending and undetermined in said [70] county, at the taking effect of this act, as well as all others hereafter brought.

SEC. 7. Repealing section. That all acts and parts of acts which contravene the provisions of this act, be and the same are hereby repealed.

SEC. 8. Take effect. This act to take effect and be in force from and after its passage.

Approved, Jan. 12, 1849.

CHAPTER 55.

HALF BREED TRACT.

AN ACT relative to the Record of the Decree of Partition of the Half Breed Tract of land in Lee county.

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

SECTION 1. In actions of ejectment or right relative to half breed tract in supreme court, a record of the decree of partition of said land to be taken as sufficient evidence in all cases. That in all actions of right or ejectment or other case relative to the half breed tract of land, situated in the county of Lee, which may be taken to the supreme court of this state by writ of error, appeal or otherwise, if a full and complete transcript of the record of the decree of partition of the said half breed tract of land shall be, or may heretofore have been filed in any one case in the office of the clerk of the supreme court, it shall be considered and taken by said court as sufficient evidence of said decree, and shall be received for all purposes for which said decree can be legally used in the trial of every other case in said supreme court.

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

Approved, January 12, 1849.

CHAPTER 56.

STATE DEBT.

AN ACT to fund the debt of the state.

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

SECTION 1. Warrants to the amount of $100 presented to treasurer to be redeemed and state bond to issue-interest-time when interest to be paidproviso-auditor's warrants to have precedence proviso. That from and after the passage of this act, when auditor's warrants [71] to the amount of one hundred dollars, or upwards, are presented at the state treasury for redemption, and there are no funds in the treasury to redeem the same, it shall be the duty of the auditor of state, if required by the person or persons presenting said warrants, to redeem and cancel said warrants by issuing a state bond for the amount thus redeemed, bearing interest at the rate of eight per cent per annum from the date of said bond, said interest to be paid semi-annually at the treasury of the state; on the first day of January and July in each year, until said bonds are respectively redeemed: provided, that the interest shall cease at the expiration of forty day's notice, to be given at any time by the treasurer of state, in one of the principal papers published at the seat of government, of a readiness to redeem the same, and provided further, that unredeemed auditor's warrants shall have over said. bonds the precedence of redemption at the treasury, for the period of four years from and after the passage of this act. Provided, that no individual shall be entitled to more than one bond for any amount he may wish to have funded, or that he may be the owner of, or have in possession at the time he presents warrants to the treasury.

SEC. 2. Faith of state pledged-duty of state treasurer. The state doth hereby irrevocably pledge its faith to provide adequate means to pay the interest as it becomes due on said bonds, and to reimburse the principal at the expiration of four years, unless they are sooner redeemed under the provisions of this act, and for this purpose it is hereby made the duty of the state treasurer to reserve and set apart, out of the revenue coming into his hands, a sufficient amount of funds to meet the provisions of this act.

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

Approved, January 12, 1849.

Published in Republican, Jan. 17, 1849, and Reporter, January 31st, 1849.

CHAPTER 57.

JUDICIAL DISTRICT.

AN ACT to create a fifth judicial district.

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

SECTION 1. Counties composing fifth district. That the counties of Appanoose, Wayne, Decatur, Ringgold, Taylor, Page, Fremont, Monroe, Lucas, Clarke, Marion, Warren, Madison, [72] Jasper, Polk, Dallas, Marshall, Story, Boone, shall constitute the fifth judicial district.

SEC. 2. Elect a judge abstracts of votes, where returned-judge qualified to act. A district judge of the fifth judicial district shall be elected on the first Monday of April next, according to the provisions of the act, entitled an act regulating the elections of district judges, approved February 16th, 1847. The abstracts of the votes of the several organized counties shall be returned to the county of Polk, according to the provisions of the third section of that act, and the judge elect shall be qualified to act on receiving a certificate and taking the official oath, as provided in the fourth section thereof.

SEC. 3. Washington county. The county of Washington is hereby added to, and made part of, the fourth judicial district.

SEC. 4. Take effect. This act shall take effect on the first day of February next, and shall be published, as soon as passed, in the Iowa Capital Reporter, Iowa Sentinel and Des Moines Courier.

Approved, Jan. 12, 1848. [1849]

Published in the Reporter, January 17th, 1849.

CHAPTER 58.

STATE LOANS.

AN ACT to provide for a loan of the school fund arising from the sale of public lands.

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

SECTION 1. State authorized to borrow school fund. That there shall be borrowed for the purpose of paying the current expenses of the státe government, the five per cent fund arising from the sales of the public lands within the state, in the year 1847, amounting to the sum of sixteen thousand four hundred and twenty dollars, for a term not exceeding five years, at a rate of interest not exceeding ten per cent per annum, payable semi-annually.

SEC. 2. Auditor to issue state bond. The auditor of state is authorized and required to issue a bond, for, and in behalf of the state for the said sum of $16,420, to the superintendent of public instruction on behalf of the school fund, stipulating for the payment of the principal and interest in accordance with the first section of this act.

SEC. 3. Faith of state pledged-revenue set apart. The state doth hereby irrevocably pledge its faith to provide adequate means to pay the interest due on said bond as the same becomes due, and to reimburse the principal at the end of five years; and for [73] this purpose so much of the revenue arising from all the taxable lands and other taxable property in this state as may be necessary, shall be and the same is hereby set apart and pleaged for that

purpose.

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

Approved, January 12, 1849.

Published in Republican, January 24, 1849, and Reporter, January 31, 1849.

CHAPTER 59.

SCHOOLS.

AN ACT supplemental to the act of Feb. 25th, 1847, entitled, "an act supplemental and amendatory to an act to establish common schools, approved January 16, 1840.

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

SECTION 1. What districts entitled to school money. That all organized school districts which reported the number of persons in accordance with the sixth section of the act to which this is supplemental, or by special reports as required by the superintendent of public instruction prior to the first day of December, 1848, are hereby recognized as entitled to their apportionment of the school money in March next.

SEC. 2. Duty of school fund commissioners. That the school fund commissioners shall apportion the county school tax, the interest of the permanent fund as apportioned by the superintendent of public instruction, money received from the county treasurer, and all funds then in their hands, appropriated annually for the support of schools as required by the fortieth section of the aforesaid act.

SEC. 3. Money in the hands of inspectors under certain acts to be apportioned. That all money now in the hands of school inspectors apportioned to townships under an act concerning the distribution of school monies, approved January 19, 1847, shall be apportioned to the districts then organized in the manner prescribed in said act. But in those townships where districts were not organized at the time of said apportionment, it shall be disposed of as directed in the next succeeding section.

SEC. 4. Duty of school inspectors-proviso. That the school inspectors shall apportion in accordance with the tenth section of the act to which this is supplemental, among the districts specified in the first section of this act, and shall pay over to each district the amount to which it may be entitled by said apportion-[74]ment, at any time when applied for by the directors, prior to the first day of April, 1849: provided, the eleventh section of the act to which this is supplemental, shall have been complied with, and provided further, that the above fund, if not applied for within the time and manner designated in this act, shall be retained in the hands of the inspector or his successor in office, to be apportioned in March then next ensuing.

SEC. 5. Districts to make divisions in accordance with a vote of. The aforesaid districts are hereby authorized to make such divisions of said fund between the years 1847 and 1848 and between the several schools taught in each district, as may be determined by the vote of a majority of the electors at a meeting convened for that purpose by order of the directors.

SEC. 6. Act of school officers ratified. The acts of school officers, in the payment and distribution of school money, when the same has been done in accordance with the provisions of the several school laws now in force, are hereby ratified and confirmed.

SEC. 7. Compensation to persons employed in appraising and alloting school lands-proviso. All who may have been employed in allotting and appraising school lands, shall be allowed compensation for their services as follows: surveyors two dollars per day, township trustees and all others employed, seventy cents per day, to be paid by the school fund commissioners out of the school fund: provided, that their accounts shall previously be examined and approved by the county commissioners of the county in which the service has been rendered. And, provided further, that in any county where any or

all of the expenses of appraising and surveying as aforesaid has been borne by the county, the school fund commissioner of such county shall refund to the treasurer thereof, from the interest of the school fund, the amount so paid, according to the rates prescribed in the foregoing part of this section.

SEC. 8. Superintendent to apportion the interest of the permanent fundtransmit statement to fund commissioners. The superintendent of public instruction shall, on the 20th day of January, 1849, apportion the interest of the permanent fund which shall have accrued on the 1st day of January aforesaid, among the several counties of the state, taking the number of persons between the ages of five and twenty-one years, as shown by the last annual report of the fund commissioners, as the basis of said apportionment, and shall transmit to each fund commissioner a statement of the amount to which his county may be entitled.

SEC. 9. In the event the county school tax has been loaned in .either of the several counties as part of the permanent fund, it shall be refunded from said fund as may be directed by the superintendent of public instruction.

SEC. 10. Duty of secretary of state. The secretary of state shall forward a newspaper con- [75]taining this act, to each fund commissioner and to each county commissioner's clerk, so soon as the same shall have been published. SEC. 11. Repealing section. All acts and parts of acts contravening the provisions of this act, are hereby repealed.

SEC. 12. Take effect. This act shall take effect and be in force from and after its publication in the Iowa Capital Reporter and Iowa Republican. Approved, January 12, 1849.

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

CHAPTER 60.

FERRY.

AN ACT authorizing Robert Gower, his heirs and assigns to keep a ferry across Cedar river at Washington Ferry.

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

SECTION 1. Ferry across Cedar river. That Robert Gower, his heirs and assigns, are hereby authorized to establish and keep a ferry across Cedar river, at Washington Ferry, in Cedar county, for the term of twelve years, with the exclusive privilege to the same for one mile up and one mile down said river from the point where said ferry is now established: provided, said Gower, his heirs and assigns be subject to all laws now in force, or which may be in force during said term, regulating ferries.

SEC. 2. To keep good flat boat, etc. That said Robert Gower, his heirs and assigns shall keep at said ferry, a good flat-boat and such other small craft as may be necessary for the safe and expeditious conveyance of persons and property across said river.

SEC. 3. Take effect. This act shall take effect from and after its passage. This bill having remained with the governor three days, (Sundays excepted,) and the Legislative Assembly being in session, it has become a law this 13th day of January, 1849. JOSIAH H. BONNEY, Secretary of State.