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who shall pay the amount of such taxes to the treasur-
ers of the several school boards only on such warrant.

Approved April 7, 1868.



CHAPTER 123.

CIRCUIT COURTS IN LBE COUNTY.

AN ACT Supplemental to an Act entitled An Act for establishing Apml 7.

Circuit and General Term Courts, and to define the Power

and Jurisdiction thereofi

Section 1. Be it enacted by the General Assembly of
the State of Iowa, That in all counties having two counti's with
county - seats, or where sessions of the district court are 3 co. seats to
held at different places in said county, the circuit court have ^'th*'
shajl also hold regular terms at said different county- pi"^ °
seats, or places where terms of the district court are
held, for the trial of all actions under this act, except Exception,
probate matters requiring notice by law, which matters
shall be heard and disposed of at the regular county-
seats only ; and said terms shall alternate between said Terms to al-
different county- seats or places of holding court, and ternftte -
such counties shall for such purposes be geographically



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164 TWELFTH GENERAL ASSEMBLY. [Cil 123, 124. 1886.

Division of divided in the same manner as they are now divided
p^oviao*! for judicial purposes of the district court : Provided^
judge may That in such counties the circuit judge may appoint, in
appoint four addition to the other terms of court to be held in his
ba^matter* coantv > not to ©xceed four special terms of court at the
regular county - seat for the hearing and disposing of
probate matters only, if in his judgment [the] same
shall be needed and required for the disposal of said
business.
Taking effect. Sbo. 2. This act shall take effect on the first Mon-
day of January, A. D. 1869, except so much thereof as
provides for fixing the terms for holding the circuit
courts, which shall take effect as provided by section 25,
of the Revision of 1860.
Approved April 7, 1868.



CHAPTER 124.

THE DUBUQUE AND SIOUX CITY LAND - OBANT.

April 7. AN ACT to Legalize, Confirm, and Carry out a Contract between

the Dubuque & Sioux City Railroad Company and the Iowa

Fa\U & Bioux City Railroad Company, and to Extend the
Time for completing said Railroad from Dubuque to Sioux
City, to Grant certain Lands to the Dubuque, Bell [e]vue, and
Sabula Railroad Company for the Building of the Tete Dee
Morts Branch, and for other Purposes.

Section 1. Beit enacted by the General Assembly
Contract be- of the State of Iowa, That a contract entered into
n^£ n S'^ tt * between the Dubuque and Sioux City Railroad Company

andLP.'&S. of the fir8t P art ' and theIowa Falls and Sioux 0it y
C. R R. Co., Railroad Company of the second part, transferring so
transferring much of the Dubuque and Sioux City Railroad as
KT&nt &c Dd " rema * D8 t° be constructed, together with the franchises,
fonflnned!* right of way, depot grounds, and other appurtenances
of said road to be completed, also transferring all right
and title of the said Dubuque and Sioux City Railroad
Company to so much of the lands granted by Congress
to aid in the construction of said road as shall appertain
to, or be legally applicable to the construction of the
uncompleted part of the Dubuque and Sioux City Rail-
Exception: road as aforesaid, except as to the lands hereinafter
r'Co* 8 * R gra^d to tbe Dubuque, Btllevue and Sabula Railroad
Company, be and is hereby legalized and confirmed.



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Ch. 124. 1868.] TWELFTH GENERAL ASSEMBLY. 165

Sec. 2. That the pro rata of six sections of land per Adjustment
mile, reserved by said contract to the Dubuque and ?/ji mount °f
Sioux City Railroad Company, and the pro rata of six *£ to^^iS
sections per mile, conveyed by said contract to said parties.
Iowa Falls and Sioux City Railroad Company, shall be
adjusted between said companies as follows, to- wit:
The land actually conveyed to third parties shall be set
apart to said Dubuque and Sioux City Company, not
exceeding six sections per mile for the road now built, .
and if over that number of acres of land have been
conveyed, the excess over that amount shall be taken
off of the west end of the last installment of the lands
bo conveyed; and in case less than that amount of lands
have been conveyed as aforesaid, then a sufficient
amount shall be taken to make up such pro rata from
that portion of the land-grant next adjoining and im-
mediately west, as near as practicable, to the lands last
conveyed by said Dubuque and Sioux City Railroad
Company.

Seo. 3. That a pro rata of six sections per mile of
said land-grant be and the same is hereby granted to Grant to Du-
and conferred upon the Dubuque, Bellevue and Sabula yJJe ASabiifa
Railroad Company, to aid in the construction of said r. & Co.
road, known as the Tete Des Morts branch, required to
be built by the act of Congress granting said lands to
the State of Iowa : Provided, That said company shall Proviso : not
not encumber or dispose of said lands until the said ?? 1 cumbe f e ^ d
branch road shall be completed and open for business, j a iTi m i871.
and that said branch shall be completed within two
years from the first day of January next. Said lands
shall be of an average quality and value of so much of Quality.
said lands granted by the United States as now remain
undisposed of, and the Governor of Iowa shall select or Governor to
cause to be selected, the land hereby granted to said select.
Dubuque, Bellevue and Sabula Railroad Company, or
cause the same to be reserved from lands outside of the
six - mile limits of said grant, and upon completion of
6aid branch, as above provided, he shall execute a
patent for said lands to said company.

Sec. 4. That so much of said land-grant as is appli-
cable to the uncompleted portion of the road as afore-
said, west of Iowa Falls, excepting the lands hereby Grant to LP.
granted to said Dubuque, Bellevue & Sabula Railroad * B. C. R. R.
Company, is hereby granted to and conferred upon the
said Iowa Falls & Sioux City Railroad Company, sub-
ject to the terms and conditions of the act of Congress
granting the said lands, dated the fifteenth day of May,
A. D. 1856, and the act amendatory thereto, and the



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166 TWELFTH GENERAL ASSEMBLY. • [Ch. 124. 1888

act of Congress passed the present session ; and also
subject to tne terms and conditions of this act as herein
Conditions, expressed as follows, to - wit : The road shall be corn-
Route; pleted as a first-class road from Iowa Falls on the route
now surveyed, located, and partly graded, through
"Webster City and Fort Dodge, and the depot buildings
shall be erected on the grounds heretofore donated by
the people of said towns for that purpose, and shall be
. completed thence to Sioux City, which route shall be
to be within at ail points within the limits of the said land- grant

J^dt f ^ n t The tracfe of said * oad 8 * ia11 be laid with a £ ood sut> '
Port Dodge, stantial rail, weighing not less than fifty - six pounds

July, 1869; * per lineal yard. The road shall be completed to Fort

Dodge by the first day of July, 1869, the time now

fixed by act of Congress; one -half of the balance

within one year from that time, and the remainder

oomplet'd be- before the first day of January, A. D. 1872; and said road,

fore 1872. when any twenty miles shall be completed, shall be

Lease to I1L subject to the lease of the Illinois Central Railroad

Central. Company, transferred to the Iowa Falls & Sioux City,

by the Dubuque & Sioux City Railroad Company, and

One through shall be operated as one continuous and unbroken

]ine. through line of railroad from Dubuque to Sioux City.

Sbo. 5. Said lands so granted as aforesaid, to the
Iowa Falls & Sionx City Railroad Company, 6hall be
Provisions to patented by the Governor to said company as the same
regulate the shall be earned by the building of said road, but no
issue of pat- p a t en t; 8 h a ll ^ e i 88U ed by him for any portion of said
en *' lands until at least seventy - five miles of road shall be

completed, and "no patent shall be made for any lands
more than forty miles in advance of the point to which
said road may be constructed from time to time," as
provided by said act of Congress. No patent 6hall be
for lands made for any lands located within fifty miles of Sioux
within fifty City, until said company shall have its entire road
Sioux City c° m pteted to Sioux City, except for such road as said
company may cause to be built and operated from Sioux
City eastward, and when said company shall have forty
miles of road built and operated from Sioux City east-
ward, then this restriction shall cease, and such lands
may be patented for any road built by said company ;
lor lands in and no patent shall include lands situate in more than
more than one county, and such patent shall be, by said company,
one county. recor( j e( j j n fa e CO unty where said lands lie, and a cer-
tified copy of the record of the same may be used as evi-
dence with the same effect as the original. And in case
. any of said lands hereby granted are now, and were on
the first day of January last, occupied by actual



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Ch. 124 1868.] TWELFTH GENERAL ASSEMBLY. 167

settlers residing thereon and improving the same, upon

such settler making proof to the satisfaction of the Settlers may

Register of the State Land Office of such settlement Purchase *

and improvement, he shall be entitled to purchase not Bee lon *

exceeding one -quarter section of land of the State at

the rate of $2.50 per acre, and when such land shall

have been earned by the extension of said road, upon

the payment to the said company of the said sum, the

Governor shall execute a patent to such actual settler

for said land.

Seo. 6. The legislature shall have the power to
resume the lands not earned at the time of such Right of re-
resumption, on default of said company to build 6aid sumption,
road to Fort Dodge by the first day of July, 1869, or
any portion of the road within the time limited herein,
or in case they shall be satisfied that said company is
not pushing forward the work on said road with reason-
able diligence, so as to warrant the belief that the
whole line will be completed to Sioux City by the first
day of January, 1872.

Seo. 7. The said Iowa Falls and Sioux City Rail-
road Company shall signify their acceptance of the Acceptance
terms and conditions of this act, by a written instru- ^ithin ttyrty
ment,signed by the president of said company, to be filed ays *
with the Governor within thirty days after the passage
of this act. The; company accepting the provisions of Co. tofeesab-
this act shall, at all times, be subject to such rules, reg-i^. 4 to regi-
ulations, and rates of tariff for the transportation of ^o^k.
freight and passengers as may from time to time be
enacted by the General Assembly of the State of Iowa.
If the said Iowa Falls and Sioux City Railroad Com-lfLF.&8.C.
pany shall fail or refuse to accept of this grant upon **• R - Co. re-
the "conditions hereby imposed and in the time and oeng^Bowd
manner as herein required, the Census Board of this to confer
State is hereby authorized, by proper writing, with the grant
seal of the State affixed thereto, to confer the same
upon such party or company as shall, in their judg-
ment, be competent to carry the enterprise herein-
before provided for in good faith, and which shall
accept the grant by a proper written instrument duly Acceptance,
executed and attested, and shall file the same in the
office of the Secretary of this State, subject to all the
sections of this act, and the same shall be applicable
to such grantee, subject to all the terms and conditions
of this act as fully as if named originally herein.

Seo. 8. Nothing in this act contained, shall be Rights, &c. t
construed to affect in any way the titles, rights, or not affected «



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1Q8 TWELFTH GENERAL ASSEMBLY. [Ch. 124, 125, 120. 1868.

interests of persons or corporations not expressly
named in this act.

Seo. 9. This act, being deemed of immediate im-
Taking effect, portance, shall take effect from and after its publica-
tion in the Daily Iowa State Register and daily
Evening Statesman, newspapers published in Des
Moines, Iowa.

Approved April 7, 1868.

I hereby certify that the foregoing act was published in the Daily
State Begister April 22. 1868, and in The Iowa Evening Statesman
April 22, 1868.

ED WRIGHT, Secretary of State.



CHAPTER 125.

NOTARIAL LEGALIZING ACTS OF THOMAS CAYANAGH.

Apri l 7. AN ACT to Legalize the Notarial Acts of Thomas Cavanagh, of
Polk County.

Section 1. Be it enacted by the General Assembly

Notarial acts of the State of Iowa, That all the notarial acts of

T. Cayanagh, Thomas Cavanagh, a notary public of Polk county,

Ju?v 11 'l886 I° wa > d° ne an( * cer tifiscl between the eleventh day of

&Feb.7,1867| Jw'y? 1866, and the seventh day of February, 1867,

legalized. ' shall be and they are hereby ratified and made valid

with the same force and effect as if his commission had

continued in full force until the date last mentioned.

Approved April 7, 1868.



CHAPTER 126.

LEGALIZING NOTAEIAL ACTS OF JOHN B. NISLT.

AN ACT to Legalize the Official Acts of John R. Nisly, a Notary
Afbil 7. Public of Muscatine County, Iowa.



Section 1. Be it enacted by the General Assembly
Notarial acts of the State of Iowa, That the official acts of John
of J. R. Nisly, ;fj # Nisly, a notary public of Muscatine county, done
from C Apr? C l°8 an( ^ performed] by him after the expiration of his
to Dec. 12, commission, to wit : the eighteenth day of April, A.
^legalized.!). 1864, and from thence until the twelfth day of



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Ch. 126, 127. 186a] TWELFTH GENERAL ASSEMBLY. JQJ

December, A. D. 1864, are hereby declared legal and
binding, and as valid as if the said commission had
remained in fnll force.
Approved April 7, 1868.



CHAPTER 127.

DISTRICT COURTS IN FIFTH JUDICIAL DISTRICT.

AN ACT Fixing the Time of holding District Courts in the April 7.
Fifth Judicial District. ~

Section 1. Be it enacted by the General Assembly
of the State of Iowdy That hereafter the time for holdiDg Courts in 5th
court in the fifth judicial district shall be as follows : district.

In the county of Warren, on the first Monday in Warren co.,
January and the second Monday in August of each Jan. & Aug.
year.

In the -county of Madison, on the third Monday in Madison co.,
January and the fourth Monday in August in each year. «Ja n - & Aug.

In the county of Adair, on the first Monday in Feb- Adair co.,
ruary and the first Monday in September of each year. Feb. & Sept

In the county of Cass, on the Thursday after the cassco. Feb.
first Monday in February and the Thursday after the & Sept. '
first Monday in September in each year.

In the county of Guthrie, on the second Monday in Guthrie co.,
February and the fourth Monday in September in each Feb. & Sept
year.

In the county of Dallas, on the third Monday in Dallas co., -
February and the first Monday in October in each Feb. & Oct.
year.

In the county of Polk, on the fourth Monday of Polk co., Feb.
February and the fourth Monday in October of each & Oct.
year.

In the county of Greene, on the first Monday in Greene co.,
April and the third Monday in September in each year. April & Sept

In the county of Audubon, on the second Monday Audubon co.,
in September of each year. September.

In the county of Carroll, on the Thursday after the Carroll co.,
second Monday in September of each year. September.

SecJ. 2. Provided, That all laws now in force author- Proviso :
izing the appointment of special terms by the judge of special terms.,
said district are not repealed or impaired by the pro-
visions of this act.

Approved April 7, 1868.
22



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170 TWELFTH GENERAL ASSEMBLY. [Ch. 138. 1868.



CHAPTER 128.

PERMITS FOB THE SALE OF INTOXICATING LIQUORS.

AN ACT to Amend Sections 1575 and 1576 of the Revision of 1860 April 7.
in relation to Permits for the Sale of Intoxicating Liquors.



Section 1. Be it enacted by the General Assembly
of the State of lowa^ That the certificate provided for
in sections 1575 and 1576 of the Revision of 1860, shall Rev., §§ 1575
state the purpose for which it is obtained, and upon its ^}^\
presentation to the county judge, he shall fix a aay for J^ £££
the final hearing of the application, and give notice of purpose,
such application and time of final hearing by publica- c .°- J UQ ? e t( >
tion in at least one newspaper published in the county, faring; 1106 °
or by posting such notice in the township, town, or. ward
in which the business is to be conducted. Snch publi- Applicant to
cation or posting shall be at least ten days prior to the P* v expenses
time of final hearing, and the applicant shall pay the ^fee^for 1
expenses thereof in advance and a fee of two dollars hearing,
for final hearing.

Sec. 2. At such final hearing any resident of the A'ny resident
county may appear and show canse why such permit ™J£ e may
should not be granted, and the same shall be refused
unless the county judge shall be fully satisfied that the Action of co.
requirements of the law have in all respects been fully J u ^ge.
complied with, that the applicant is a person of good
moral character, and that taking into consideration the
wants of the locality, and the number of permits already
granted, such permits 'would be necessary and proper
tor the accommodation of the neighborhood.

Sec. 3. Nothing in this act shall be con3trued to Existing per-
interfere with any permits heretofore issued until the mi ? d not **"
time shall have expired for which such permits were
granted.

Seo. 4. This act shall take effect and be in force Taking effect
from and after its publication in the State Register and
Iowa Evening Statesman, newspapers published atDes
Moines, Iowa.

Approved April 7, 1868.

I hereby certify that the foregoing act was published in the Daily
State Register April 23, 1868, and in the Iowa Evening Statesman
April 23, 1868.

ED WRIGHT, Secretary of State.



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\



Cat. 129, 180. 186a] TWELFTH GENERAL ASSEMBLY. \ 71

CHAPTER 129.

LEGALIZING AOTS OF A JUSTICE OF THE PEACE IN
CLARKE COUNTY.

AN ACT to Legalize the Acta of Wilson Throckmorton, lately a April 7.
Justice of the Peace in Clarke County, Iowa.

Section 1. Be it enacted by the General Assembly
of the State of Iowa, That the official acts of Wilson Official acts
Throckmorton, a justice of the peace in Clark[e] coun- m^to^j^p"
ty, Iowa, during the year[s] 1865 and 1866, are hereby i n failing to
legalized and declared to be valid in law in all cases sign docket,
where the said Wilson Throckmorton has failed to le £ alize<1 -
Bign his official docket, as fully as if it had been so
signed.

Seo. 2. This act shall be in force from and after its Taking effect
publication in the Osceola Sentinel, a paper published
in Clark [e] county, Iowa, without expense to the State.

Approved April 7, 1868.

I hereby certify that the foregoing act was published in the
Clarke County Sentinel April 17, 1868.

ED WRIGHT, Secretary cf Stoto.



CHAPTER 130.

LEGALIZING THE LEVT OF A TOWN -TAX IN OOBYDON.

AN ACT to Legalize certain Acta of the Council of the Town of Apbtl 7. '
Corydon, Wayne County, Iowa, in the Levy of a Town-Tax
on the Property in said Town of Corydon.

Section 1. Be it enacted by the General Assembly
of the State of Iowa, That the act of the town council Acts of comn-
of the town of Corydon, Wayne county, Iowa, in <jil °. f Cory-
levying a town -tax on the property, both personal and in °g' \a X e ^j
real, for the year 1867, be and the same is hereby '67, legalized,
legalized and confirmed, any informality to the con-
trary notwithstanding.

Seo. 2. This act, being deemed of immediate im-
portance, to take effect from and after its publication Takingeffect
in the Daily State Register and the Corydon Monitor ;
provided, such publication be made without expense to Proviso :
the State.

Approved April 7, 1868.

[For certificate of publication see " Addenda."]

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172 TWELFTH GENERAL ASSEMBLY. [Oh. 131, 133. 1808.

CHAPTER 181.

LMGALIZING ACTS OF A BBOOBDEB OF CLAYTON COUNTY.

AN ACT to Legalize certain Official Acts of Jonathan Oglesbee, April 7.
Recorder of Clayton County, Iowa.



Whereas, Jonathan Oglesbee, Recorder of Clayton Preamble,
connty, for the term of two years ending January, 1867,
did in many cases fail to comply with section 1, of
chapter 74, of the acts of the Tenth General Assembly,
providing for the recording of United States revenue
stamps attached to written instruments : therefore,

Section 1. Be it enacted by the General Assembly
of the State of Iowa, That in all such cases where in-
struments having stamps attached have been recorded certain rec-
by said Jonathan Oglesbee, and the said recorder has ords of clay-
noted upon the records the fact that a stamp was affixed t0 ?.^ 0, made
to the original, the same shall be deemed legal and v 1
sufficient in law, and the record or a duly authenticated
copy thereof shall be received in evidence, in all cases,
the same as if recorded strictly in accordance with the
law of this State.

Seo. 2. This act, being deemed of immediate im-
portance, shall take effect from and after its publication Takingeffect
in the Daily State Register and Clayton County Journal.

Approved April 7, 1868.

[For certificate of publication see "Addenda."]



CHAPTER 132.

LEGALIZING OFFICIAL ACTS OF A NOTABY PUBLIC IN CLAY-
TON COUNTY.

AN ACT to Legalize the Official Acts of Samuel R. Coons, a Apkil 7.
Notary Public in Clayton county. -



Whebeas, Samuel R. Coons, of Clayton county. Preamble.
Iowa, was on the 8th day of November, 1864, appoint-
ed a notary public, in and for said county by William
M. Stone, then Governor of Iowa, for the term of three
years, then next thereafter ; and,

Whebeas, The words engraved on the official seal
used by said Coons were not such as the law requires,

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Oh. 133, 133.1868] TWELFTH GENERAL ASSEMBLY. J73

being Notary Public instead of Notarial Seal, and bar-
ing used said seal in the performance of certain official
acts in which a large amount of property is involved,
the legality of said official acts being questionable :
therefore,

Section 1. Be it enacted hy the General Assembly
of the State of Iowa, That all the official acts of said Official acts
Samuel R. Coons, by him performed as a notary public ^ p ^SS
within and for said county of Clayton, be and the same improperseal
are hereby declared legal and binding in law and legalized,
equity as fully as though the eBgraving on said official
seal had been such as the law requires.

Sec. 2. This act shall take effect and be in force Taking effect
from and after its publication in The Iowa Homestead
and McGregor News, papers published in the State of
Iowa, without expense to the. State.

Approved April 7, 1868.

[For certificate of publication see " Addenda."]



CHAPTEE 133.

LEGALIZING ACTS OP A MINING COMPANY.
AN ACT to Legalize the Acts of the North - western Mining Com- Apkil 7.



pany.

Section 1. Be it enacted by the General Assembly of
the State of Iowa^ That all the elections and acts of t he
North-western Mining Company, a company organized Acts of ^ w -
under the laws of the State of Iowa, for the purpose of m^e valid,
mining for lead or galena in the counties of Jackson
and Jones, in the State of Iowa, be and the same are
hereby rendered as legal and valid, to all intents and
purposes, as the same would have been in case all the
requirements of the law relating to the publication of
notice thereof had been strictly fulfilled.

Sec. 2. This act, being deemed of immediate im-
portance, shall be in force from and after its publication Takingeffect
in the State Eegister, published at Des Moines, and the
Maquoketa Excelsior, published at Maquoketa, without
expense to the State.

Approved April 7, 1868.

«

[For certificate of publication see rt Addenda."]

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174 TWELFTH GENERAL ASSEMBLY. [Ch. 184, 185. 1868.

OH;APTEE 134.

Iff BBLATION TO THB CLERKS OF THE CIRCUIT COURTS.

AN ACT to Provide for the Compensation of Clerks of the District April 7.
and Circuit Courts, and to allow the Deputy Clerk to act as
Clerk of the Circuit Court.



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