at large. elector thereof. And in each of the same years the qualified electors of cities of this class shall also elect two members at large of such city council, each of whom shall be a resident and Councilmen qualified elector of the city in which he shall be so elected. The members of said council shall hold their offices for two years and until their successors are elected and qualified. As soon as the members of the city council of cities of the first-class, elected at the first election after the passage of this act, shall have been qualified, the term of office of all members whose terms would not otherwise expire until the first Monday in March, 1879, shall at once cease and determine. cities contain SEC. 2. Provided, That when any city of the first class num- Proviso: bers within its corporate limits the whole or parts of two or more ing more different townships, that only one of the aldermen-at-large herein than one provided for shall be elected from any one of such township[s] or part of townships. township. SEC. 3. This, act being deemed of immediate importance, shall Publication. take effect and be in force from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers published at Des Moines, Iowa, section 33 [of the Code] to the contrary notwithstanding. Approved, February 23, 1878. I hereby certify that the foregoing act was published in the Iowa State Leader, February 23, and in the Iowa State Register, February 24, 1878. JOSIAH T. YOUNG, Secretary of State. CHAPTER 15. TOWN OF OSSIAN. AN ACT to Legalize the Incorporation of the Town of Ossian, in H. F. 185. Winneshiek county, Iowa, its Ordinances, and the Acts of its Officers thereunder. WHEREAS, Under and by virtue of chapter 10, title 4, of the Preamble. Code of Iowa of 1873, proceedings were had for the incorporation of the town of Ossian; and WHEREAS, Doubts have arisen as to the legality of said incorporation, and it is pretended full compliance with the statute providing for the incorporation of towns was not had, and especially claiming that the application to the circuit court was not made as required by law; that the election for the incorporation was not properly noticed and held; that the commissioners did not make returns, and that no publication was made, and the certified copies so required by section 423 of said chapter 10 were not filed and recorded as required by law; and WHEREAS, The council of the said town of Ossian did make and adopt laws, rules, and ordinances for the government of said Incorpora tion legalized. Ordinances ized. town, and have performed such other duties devolving upon them, including the levy of taxes, as authorized by law; therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the incorporation of the said town of Ossian, be, and the same is hereby legalized as fully and completely as if all the requirements of the Code of Iowa, 1873, relating to the incorporation of towns had been strictly complied with. SEC. 2. That all ordinances passed and the rules and regulations adopted by the council of said town, and all taxes levied, and acts legal- and all the official acts of said council and officers thereunder within the legal limits of the powers of incorporated towns, be, and the same are hereby legalized as fully and completely as if no such defects in the incorporation of said town existed. Publication. SEC. 3. This act, being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register, a paper published at Des Moines, and in the Decorah Republican, a paper published at Decorah, Iowa, without expense to the state. Approved, February 23, 1878. I hereby certify that the foregoing act was published in the Iowa State Register, February 26, and in the Decorah Republican, March 1, 1878. JOSIAH T. YOUNG, Secretary of State. H. F. 170. Preamble. CHAPTER 16. INDEPENDENT DISTRICT NO. 7, CHICKASAW COUNTY. AN ACT to Legalize Independent District Number Seven, of Dayton WHEREAS, Independent district number seven, of Dayton township, Chickasaw county, Iowa, composed of sections twentyseven, twenty-eight, thirty-three and thirty four, of township ninety-five north, of range thirteen west of the 5th P. M., was duly formed from the territory aforesaid. Said territory having been set off from adjacent independent districts for the purpose of being formed into said district number seven, all the laws of the State in relation to the forming of such independent district having been fully complied with; and WHEREAS, On the tenth of April, 1877, the electors of said independent district held their first election upon notice duly given, at which election officers for said district were elected in accordance with requirements of law; and WHEREAS, Said officers have been duly qualified and performed all the duties of their respective offices; and WHEREAS, Said independent district is exercising all the functions and powers of independent districts in the State; but WHEREAS, Doubts have arisen as to the legality of the forma- district and SECTION 1. That the formation and organization of indepen- Formation of dent district number seven, of Dayton township, Chickasaw acts of officers county, Iowa, be legalized and the official acts of its officers be legalized. made legal and binding, as when done in compliance with the law governing independent districts in the State. SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect from and after its publication, without expense to the state, in the Iowa State Register, and the New Hampton Courier, newspapers published in Polk and Chickasaw counties, Iowa. Approved, February 23, 1878. I hereby certify that the foregoing act was published in the New CHAPTER 17. RELIEF OF JOSEPH BONE. AN ACT for the Relief of Joseph Bone. S. F. 5. WHEREAS, The State of Iowa selected the south east quarter of Preamble. section number seven (7) in township number eighty-seven (87) north, of range number twenty-six (26) west of the 5th P. M., Iowa, as school land, under the 500,000 acre tract, and sold the same to Joseph Bone, October 2nd, A. D., 1865, for the sum of three hundred and ninety-five ($395.00) dollars, then paid by him and issued him a patent therefor; and, WHEREAS, It has been adjudged by the court that the said land enured to the Des Moines Navigation Company under the settlement of the state made with said company in 1858, and that the said Bone acquired no title by said purchase from the state; and, WHEREAS, There is now due the said Joseph Bone from the State of Iowa, the said purchase money with six per cent. interest, amounting to six hundred and eighty-seven and 30-100 ($687.30) dollars; therefore, Be it enacted by the General Assembly of the State of Iowa: priated. SECTION 1. That there is hereby appropriated to Joseph Bone $687.30 approthe sum of six hundred and eighty-seven dollars and thirty cents ($687.30) out of any money in the state treasury not otherwise appropriated, and the Auditor of State is authorized to give him a warrant therefor. SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect and be in force from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers published in Des Moines, Iowa, anything in section 33 of the Code, to the contrary notwithstanding. Approved, February 23, 1878. I hereby certify that the foregoing act was published in the Iowa State Leader, February 27, and in the Iowa State Register, March 2, 1878. JOSIAH T. YOUNG, Secretary of State. H. F. 82. Preamble. Incorpora tion, and acts of officers thereunder legalized. CHAPTER 18. TOWN OF COLFAX. AN ACT to Legalize the Incorporation of the Town of Colfax, Jasper County, Iowa, the Election of its Officers, and all Acts done and Ordinances passed by the Council of said Town. WHEREAS, Doubts have arisen as to the legality of the incorporation of the town of Colfax, in Jasper county, Iowa, the election of its officers and the ordinances passed by the council of said town; therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the incorporation of said town of Colfax, Jasper county, Iowa, the election of its officers, and all the official acts done and ordinances passed by the council of said town, not in contravention with the laws of the state, are hereby legalized and the same are hereby declared to be valid and binding, the same as though the law had in all respects been strictly complied with. SEC. 2. This act, being deemed of immediate importance, shall Publication, be in force and take effect from and after its publication in the Iowa State Register, and the Newton Journal, newspapers pub. lished at Des Moines, and Newton, Iowa, without expense to the State. Approved, February 23, 1878. I hereby certify that the foregoing act was published in the Iowa State Register, February 27, and in the Newton Journal, March 7, 1878. JOSIAH T. YOUNG, Secretary of State. CHAPTER 19. TRIAL OF AN ISSUE OF FACT IN AN INDICTMENT. AN ACT to Repeal Section 4420, of Chapter 27, Title 25, of the Code, Re- H. F. 56. lating to the Trial of an Issue of Fact in an Indictment, and enact ing a Substitute in lieu Thereof. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 4420, chapter 27, title 25, of the Code Code, 2 4420: be, and the same is hereby repealed and the following enacted substitute for. in lieu thereof: Section 4420. The jury having been empanelled and sworn, Order of trial. the court must proceed in the following order: 1. The clerk or district attorney must read the indictment and state the defendant's plea to the jury, and the district-attorney may briefly state the evidence by which he expects to sustain the indictment. 2. The attorney for the defendants may then briefly state his defense, and the evidence by which he expects to sustain it. 3. The state may then offer the evidence in support of the indict ment. 4. The defendant or his counsel may then offer his evidence in support of his defense. 5. The parties may then respectively offer rebutting evidence only unless the court, for good reasons in furtherance of justice, permit them to offer evidence upon their original case. 6. When the evidence is concluded, unless the case is submitted to the jury on both sides without argument, the district-attorney must commence, the defendant follow by one or two counsel at his option, unless the court shall permit him to be heard by a larger number, and the district-attorney conclude, confining himself to a response to the arguments of the defendant's counsel; Provided, That where two or more defendants are on trial for the same offense, they may be heard by one counsel each; and, Provided further, That the court, when the affirmative of the issue is with the defendant, may, in its discretion, award to the defendant the last argument. 7. The court shall then charge the jury in writing, without oral explanation or qualification. Approved, February 23, 1878. |