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 Monona County Gazette, without expense to the State.

Approved, March 21, 1878.

CHAPTER 65.

FEES OF AGENT FOR RETURN OF FUGITIVES FROM JUSTICE.

AN ACT to Amend Section 4171 of the Code, Relating to Fugitives from S. F. 268. Justice.

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

SECTION 1. That section 4171 of the Code, be, and the same is Code, 4171, hereby amended by adding thereto the following:

amended.

be allowed.

to

"The expenses to be allowed agents for returning fugitives Expenses from justice, shall be the fees paid the officers of the state upon whose governor the requisition is made; and the agent shall receive not exceeding ten cents per mile, each way, for all neces- Ten cents per mile mileage. sary travel of himself and for each fugitive, five cents per mile additional for the number of miles which such fugitive shall have been conveyed.

for expenses.

Bills for such expenses shall be made out in such manner as to Form of bills show the actual route traveled, and the number of miles, and be verified by affidavit, and be accompanied by proof that the fugitive for whom requisition was made has been returned and delivered into the custody of the proper authority; Provided, That Proviso: the State shall, in no case, pay the costs of returning the fugitive must have where he has not been tried, unless it shall be shown to the satis. been tried. faction of the governor that the want of trial has not been owing to any fault or neglect on the part of the person or persons interested in the prosecution.

Fugitive

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 at Des Moines, Iowa.

Approved, March, 21, 1878.

I hereby certify that the foregoing act was published in the Iowa State Leader, March 22, and in the Iowa State Register, March 23, 1878.

JOSIAH T. YOUNG, Secretary of State.

S. F. 307.

Preamble.

Incorporation legalized.

CHAPTER 66.

ALGONA COLLEGE.

AN ACT to legalize the Incorporation of the Trustees of the Algona
College.

WHEREAS, The trustees of the Algona college, an institution of learning located at Algona, in the county of Kossuth, state of Iowa, adopted articles of incorporation on the 31st of May, 1873, and have since that time been in the full exercise of all the pow ers and duties imposed by said articles; and,

WHEREAS, The incorporators and officers failed and neglected, without fault, to acknowledge the said articles of incorporation; and,

WHEREAS, Doubts exist as to the validity and legality of said organization by reason of said failure; therefore,

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

SECTION 1. That all and every act of said incorporation, known as the trustees of the Algona college, and any and all contracts made by or with it are hereby declared legal and binding in all respects, so far as the same may be affected by said failure to properly acknowledge said articles, and the said incorporation shall notwithstanding such failure have and possess any and all the powers conferred by said articles of incorporation. SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect from and after its publication in the Algona Republican, and Upper Des Moines, newspapers published in Algona, Iowa, without expense to the state.

Approved, March 21, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, March 26, in the Upper Des Moines, March 28, and in tue Algona Republican, April 3, 1878.

JOSIAH T. YOUNG, Secretary of State.

S. F. 299.

RELATING TO THE

CHAPTER 67.

GOVERNMENT OF STATE INSTITUTIONS.

AN ACT making it unlawful for Officers of State Institutions to contract Indebtedness in excess of the Appropriations or divert Funds from purposes for which the same were appropriated and providing a punishment therefor. Additional to Code, Title II., Chapter 9.

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

SECTION 1. It shall be unlawful for any trustee, superintend

beyond ap

Indebtedness

ent, warden, or other officer, of any of the educational, penal, or Unlawful to charitable institutions of this state to contract any indebtedness Contract debt against said institutions, or the state, in excess of the appropria propriation. tion made for said institution: Provided, That nothing herein Proviso: contained shall prevent the incurring of an indebtedness on ac on account of count of support funds for state institutions upon the prior writ- support fund. ten direction of the executive council specifying the items and amount of such indebtedness to be increased and the necessity therefor.

SEC. 2. It shall be unlawful for any superintendent, warden, Money not to trustee, or other officer of any of the institutions mentioned in be diverted from specific section 1 of this act to divert any money that has been or may purpose of apbe appropriated for the use of said institutions to any other purpose than the specific purpose named therefor in the act appropriating the same.

propriation.

2.

SEC. 3. Any person violating any of the provisions of sections Penalty for 1 and 2 of this act shall be deemed guilty of a misdemeanor, and violating 1 upon conviction thereof shall be punished by a fine not exceed ing five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.

SEC. 4. This act, being deemed of immediate importance, shall Publication. be in force from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers published in Des Moines, Iowa.

Approved, March 21, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, and Iowa State Leader, March 26, 1878.

JOSIAH T. YOUNG, Secretary of State.

CHAPTER 68.

SUPERVISOR DISTRICTS.

AN ACT to Amend Chapter 39 of the Public Acts of the Fifteenth s. F. 41. General Assembly, in Relation to Dividing Counties into Supervisor Districts.

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

SECTION 1. That section one (1) of chapter thirty-nine (39) ; 1, chapter 39, of the public acts of the fifteenth general assembly, be, and the 15th G. A. same is hereby amended by inserting after the figures "1874," Board of suin the second line thereof, the words, "or at their regular June pervisors meeting in any even numbered year thereafter," also add to or abolish dissection one (1) of said chapter thirty-nine (39) the words, "or at such regular meeting they may abolish supervisor's districts and provide for electing supervisors for the county at large."

may establish

tricts.

SEC. 2. This act, being deemed of immediate importance, shall Publication

take effect and be in force from and after its publication in the Daily State Register, and Daily State Leader, newspapers published at Des Moines, Iowa.

Approved, March 21, 1878.

I hereby certify that the foregoing act was published in the Iowa State Leader, March 22, and in the Iowa State Register, March 23, 1878. JOSIAH T. YOUNG, Secretary of State.

H. F, 525.

Preamble.

CHAPTER 69.

IN RELATION TO A PATENT ISSUED TO JESSE GOODRICH.

AN ACT to authorize the Register of State Land Office to change the spelling in [a] certain Patent issued by the State.

WHEREAS, On the 20th day of August, 1853, Jesse Goodrich purchased from John Tolman, the then school fund commissioner, the e. n. e. of section 11, township 87, range 27, and w.of n. w. of section 12, township 87, range 27, but in return of certificate of purchase to register of state land office, an error was made in the spelling of the name as in said certificate it was spelled "Jesse Goodwick," and patent issued to Jesse Goodwick; therefore,

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

SECTION 1. That the register of state land office be authorized to change the name in said patent so as to read Jesse Goodrich, name in pat- as in fact it should be.

Spelling

ent to be changed.

Approved, March 21, 1878.

H. F. 539.

Preamble.

CHAPTER 70.

TOWN OF DAYTON.

AN ACT to change the name of the Town of "Dayton," in the county of Washington, and State of Iowa, to "Daytonville."

WHEREAS, The citizens of the town of Dayton, in the county of Washington, and state of Iowa, have applied by petition to have the name of said town changed to "Daytonville;"

WHEREAS, The name of the post-office in said town is "Daytonville," and it is desirable that the name of the town and postoffice should be the same;

WHEREAS, There are other towns in the state of Iowa by the name of Dayton; therefore,

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

ed to Dayton

SECTION 1. That the name of the town Dayton, in the county Name changof Washington, and state of Iowa, be, and the same is hereby ville. changed to Daytonville.

Approved, March 21, 1878.

CHAPTER 71.

ELECTION OF ROAD SUPERVISOR AND TOWNSHIP ASSESSOR.

AN ACT to Amend Chapter 3, Title 5, of the Code, Regulating the H. F. 30. Election of Supervisors of Highways, and of Township Assessors,

in certain cases.

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

amended.

SECTION 1. That no person shall vote for supervisor of high- Code, title 5, ways of any highway district other than that in which he resides chapter 3 at the time of election, nor shall any person living in a city or who may incorporated town, which constitutes a part of a township, and vote for. which has a corporate assessor, vote for a township assessor.

election of road supervi

SEC. 2. The township trustees of each township or election Manner of precinct, shall cause to be prepared a separate ballot-box to receive the votes for supervisors of highways, with as many differ- sors. ent compartments as there are highway districts in the township, or election precincts, and numbered accordingly, and each person voting shall at the time he gives in his vote for supervisor of highways, which shall be on a separate ballot, state to the judges of election the number of the highway district in which he resides, and his vote shall be placed in the corresponding compartment of said ballot-box.

township as

sessor.

Separate bal

SEC. 3. Where any township or election precinct embraces Election of the whole or any part of any city or incorporated town having a corporate assessor, a separate ballot box for township assessor shall be prepared by the township trustees, and the vote for township assessor shall be in such township on a separate ballot, and every person voting for such officer, shall, at the time, if required, lot box shall prove to the judges of election that he resides outside of the limits of such city or incorporated town, and his vote for such officer shall be placed in the ballot-box made for that purpose. Approved, March 21, 1878.

be used for.