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purpose of selling and conveying the real and personal estates belonging thereto, and paying the debts due from said corporation—but for no other purpose whatever.

[89] SEC. 5. Take effect. This act shall be published in the Davenport Gazette, and shall take effect from and after its publication. Approved, February 22d, 1847.

CHAPTER 74.

JUSTICES OF THE PEACE.

AN ACT concerning justices of the peace.

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

SECTION 1. Jurisdiction of justices. That justices of the peace shall have jurisdiction in all civil cases, (except cases in chancery, and cases where the question of title to any real estate may arise,) when the amount in controversy does not exceed one hundred dollars, and by consent of parties, justices of the peace shall, furthermore, have jurisdiction in all civil cases (with the exception aforesaid), when the amount in controversy does not exceed five hundred dollars.

SEC. 2. Acts amended. So much of the act of the ninth of February, 1843, and of all other acts and parts of acts concerning the duties and proceedings of justices of the peace, passed by the authorities of the territory of Iowa, as do not conflict with the constitution of this state, or the provisions of this act, shall have the same effect as if passed by the general assembly of this state, and are hereby so amended in matters of form as to be made applicable to proceedings of justices of peace under the state organization.

SEC. 3. Terms of justices. All justices of the peace now in office are hereby authorized to hold their respective offices during the term for which they were respectively elected, and until their successors are elected and qualified.

SEC. 4. Oath of office. The form of the oath to be taken and subscribed by justices of the peace hereafter shall be as follows: "I, A. B., do solemnly swear (or affirm as the case may be) that I will support the constitution of the United States, and the constitution and laws of the state of Iowa, that I will administer justice without respect to persons, and faithfully and impartially discharge and perform all the duties incumbent upon me as a justice of the peace, according to the best of my understanding."

SEC. 5. When to be taken. Every justice of the peace now in office, is hereby required to take and subscribe the oath prescribed in the foregoing section within sixty days from and after the taking effect of this act.

SEC. 6. How actions brought-proviso. Every action cognizable before a justice of the peace instituted by summons, shall be brought before some justice of the township [90] wherein the defendant resides, but in all cases in which any person may contract in writing to make payment at any particular place, suit may be brought in the township in which payment was to be made, in which case the process may be served in any part of the county, the justice indorsing on said process that payment was to be made in the township in which suit is brought: provided, that in no case shall any civil action (other than by attachment) against any defendant who is a householder in this state, be commenced in any county other than the one in which such defendant resides.

SEC. 7. Style of process. All process issued by a justice of the peace shall run, "In the name of the state of Iowa," and be directed to any constable of the proper county, except when it is otherwise specially provided; and all process issued by justices of the peace, in the name of the state of Iowa, since the adoption of the constitution of the state of Iowa by the people, is hereby declared to be legal and valid.

SEC. 8. Attachment. The first section of the eleventh article of the act of the ninth of February, 1843, prescribing the powers and duties of justices of the peace, is hereby so amended as to extend the sum for which a creditor may sue his debtor by attachment, before a justice of the peace, to one hundred dollars.

SEC. 9. Acts repealed. The first and second clauses of the thirteenth section of the first article of the said act of the ninth of February, 1843, as well as all after the enacting clause of the first section, and also the third and fourth sections of the act amendatory thereto, approved 14th February, 1844, together with so much of said acts and all other acts as come in conflict with the provisions of this act, are hereby repealed.

SEC. 10. Take effect. This act shall take effect and be in force from and after its publication in the weekly newspapers printed in Iowa City.

Approved, February 22d, 1847.

Published in the Reporter and Standard, February 24th, 1847.

CHAPTER 75.

STATE AND COUNTY OFFICERS.

AN ACT in relation to the duty of state and county officers in certain cases. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. To complete certain acts. That in all cases under the laws of the territory of Iowa, wherein any deed or deeds are to be executed by any sheriff, coroner, collector, or other officer of any county, or of the territory of Iowa, or any other [91] duty is to be done or performed by any such officer, under and by virtue of the laws of said territory, or to complete any such duty already commenced, it shall be legal, and it is hereby made the duty of any such officer to go on, execute and complete the same, under and by virtue of, and in the name of the state of Iowa, and the same, when complete, shall be as effectual and valid in all respects as if no change of government had taken place.

SEC. 2. To take effect. This act shall take effect and be in force from and after its publication in the weekly newspapers printed in Iowa City.

Approved, February 22d, 1847.

Published in the Reporter, Feb. 24th, 1847, and in the Standard March 3d, 1847.

CHAPTER 76.

BURLINGTON.

AN ACT to amend the charter of the city of Burlington.

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

SECTION 1. Amount of tax. That the amount of tax to be levied upon real and personal estate by the mayor and aldermen of the city of Burlington, after

the taking effect of this act, shall not exceed twelve and one-half cents on every one hundred dollars' worth of property to be assessed.

SEC. 2. Election-form of vote. Before this act shall take effect, the qualified voters residing within the limits of said city shall vote for or against the provisions of this act, the vote upon which shall be put in this manner: "Are you in favor of, or against a reduction of the tax?" If a majority of all the votes cast be in favor of a reduction, then this act shall be in full force and effect-but not otherwise.

SEC. 3. Poll opened-when-notice. A poll shall be opened in said city at the usual places of holding elections therein, on the second Monday in April next, for a vote to be taken for or against the provisions of this act; of which said election said mayor and aldermen shall cause ten days' previous notice to be given, and said election shall be conducted as other city elections.

SEC. 4. To take effect-how paid for. This act shall be published, by one insertion, in the State Gazette and Hawkeye, printed in the city of Burlington, at least three weeks before said election; said insertion to be paid for by said city.

Approved, February 22d, 1847.

[92] CHAPTER 77.

UNITED STATES SENATORS AND JUDGES.

AN ACT to provide for the election of United States senators and other officers.

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

SECTION 1. Election. That at each and every regular session of the general assembly of this state, next preceding the expiration of the constitutional term of service of a United States senator, or at any session when a vacancy shall exist, at an hour to be designated by a resolution of either branch, with the concurrence of the other branch of the general assembly, the members of both houses thereof shall meet in convention in the hall of the house of reprsentatives, for the purpose of electing a senator or senators, by joint vote, in pursuance of the constitution of the United States, to represent this state in the senate of the United States.

SEC. 2. Presiding officer. The president of the senate, or in his absence the speaker of the house of representatives, shall preside over the deliberations of the convention; and in the absence of both, a president pro tempore shall be appointed by joint vote.

SEC. 3. Judges of election. At any time prior to meeting in convention as aforesaid, after the time for meeting has been designated as aforesaid, each branch of the general assembly shall appoint one teller, and the two tellers thus appointed shall act as judges of the election.

SEC. 4. Record-secretary. The secretary of the senate and the chief clerk of the house of representatives shall each keep a fair and correct record of the proceedings of the convention, which shall be entered upon the journals of each branch of the general assembly. The chief clerk of the house of representatives shall act as secretary to the convention.

SEC. 5. Names arranged. The names of the members of the general assembly shall be arranged by the secretary in alphabetical order, and each member shall vote in the order in which his name stands when thus arranged.

SEC. 6. Vote how taken. When the convention shall be organized as aforesaid, the members present shall proceed to choose, viva voce, a senator or senators, as the case may be, to represent this state in the senate of the United States. The name of the person voted for, and of the members voting, shall be entered in writing by the tellers, who shall, after the secretary shall have called the names of the members a second time, and the name of the person for whom each member has voted, report to the president of the convention the number of votes given for each candidate.

[93] SEC. 7. Second election, etc. If neither of the candidates shall receive the votes of a majority of the members present, a second poll may be taken, and so from time to time, until some one of the candidates shall receive a majority of the votes of the members present.

SEC. 8. Adjournment. If the election shall not be completed at the first meeting, the president shall adjourn the convention whenever, and to such time, as a majority of the members then present shall determine, and so from time to time, until some one of the candidates shall receive a majority as aforesaid.

SEC. 9. Certificate of election. When any person shall have received a majority of the votes as aforesaid, the president of the convention shall declare him to be duly elected a senator to represent this state in the senate of the United States; and he shall, in the presence of the members of both houses, sign two certificates of the election, attested by the tellers, one of which he shall transmit to the governor, and the remaining one shall be preserved among the records of the convention, and entered at length on the journals of each house of the general assembly.

SEC. 10. Duty of governor-credential. Upon the reception of said certificate, the governor shall cause a credential to be made out, with the great seal of the state affixed thereto, and cause it to be delivered to such senator elect, which credential shall be in form following:

a senator

"State of Iowa, to wit: The general assembly of this state, on the day of- —, one thousand eight hundred and having, in pursuance of the constitution of the United States of America, chosen to represent this state in the senate of the United States, I, governor of the state of Iowa, do, by these presents, certify the same to the senate of the United States.

Given under my hand and the great seal of the state of Iowa, this
day of
one thousand eight hundred and

SEC. 11. Temporary appointment-credential. When the executive shall, by virtue of the constitution of the United States, make a temporary appointment of a senator, he shall deliver to such senator a credential, in form following:

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"State of Iowa, to wit: who was chosen United States senator from this state, in pursuance of the constitution of the United States of America, having died, (resigned, or otherwise. as the case may be,) during the recess of the general assembly of this state, I,

state of Iowa, have, therefore, thought fit to appoint

vacancy.

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Given under my hand and the great seal of the state of Iowa, this
day of
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[94] SEC. 12. Election of judges. That the judges of the supreme court. and all other officers required to be elected by joint vote of the general assembly, shall be conducted according to the provisions of this act, so far as the same may be applicable.

SEC. 13. Rules. In the absence of other rules, the rules of parliamentary practice, comprised in Jefferson's Manual, shall govern the convention. SEC. 14. To take effect. This act to take effect and be in force from and after its publication in the weekly newspapers printed in Iowa City.

Approved, February 23d, 1847.

Published in the Reporter April 7th, and in the Standard April 14th, 1847.

CHAPTER 78.

STATE GOVERNMENT.

AN ACT to complete the change from a territorial to a state government. Preamble. Whereas, by our present laws, writs are directed to run in the name of the United States of America, and in many other ways the. federal government is, by those laws, regarded as the sovereign authority, and ourselves as a dependent territory; and whereas, in order to assume fully the attitude of our independent state, it is proper that our laws and judicial proceedings should be accommodated to our new condition, in shape as well as in substance; therefore,

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

SECTION 1. Style of writs. That all writs which have heretofore run in the name of "the United States of America," shall hereafter run in the name of "the state of Iowa."

SEC. 2. Bond and recognizances. A like change shall be made in bonds and recognizances executed to the public, and in all other cases where a similar reason exists, and where such change shall be proper to carry into effect the object of this law.

SEC. 3. The word territory. The word territory shall be changed to the word state, under like circumstances.

SEC. 4. Writs and proceedings made valid. All writs and other proceedings and instruments wherein, since the adoption of our state constitution, and before the taking effect of this law, the changes above authorized shall have been or may hereafter be made, shall be deemed as valid as though this act had all the while been in force.

SEC. 5. Acts and resolutions made valid. That all acts and resolutions passed by the general assembly of the state of Iowa, prior to her admission into the union, shall be [95] considered as valid and effectual, in all respects, as if passed and approved subsequent to her admission.

SEC. 6. To take effect. This act shall take effect and be in force from and after the first day of April next, and shall forthwith be published in the newspapers of Iowa City.

Approved, February 23rd, 1847.

Published in the Standard Mar. 3d, 1847, and in the Reporter Mar. 17th, 1847.

CHAPTER 79.
FARMINGTON.

AN ACT to incorporate the city of Farmingham, Van Buren county, Iowa.

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

SECTION 1. Limits of the corporation-title-may sue, etc.-hold property -seal. That all that part or tract of land lying in township sixty-eight north,

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