second cir

second circuits by this act created, who shall, within thirty days Judges for thereafter, severally qualify as circuit judges are now required to cuits to be qualify, and shall enter upon their duties as circuit judges of said appointed. respective second circuits upon the first day of June, in the year Terms begin 1878. The terms of office of said appointees shall expire on the and end Janfirst day of January, in the year 1879.

June 1, 1878,

uary 1, 1879.

Vacancies.

Provided, That any vacancies occurring in said second circuit Proviso: previous to said first day of January, 1879, shall be filled by appointment by the governor in the manner now provided for filling vacancies in the office of circuit judge.

court in sec

heretofore

SEC. 6. The said judges who may be appointed under section Terms of five hereof, or elected under the provisions of this act of said ond circuits second circuits of said judicial districts, shall for and during the to be held as period after they enter upon their duties, and up to the first day fixed. of January, 1880, hold terms of their said several courts at the times heretofore designated and assigned, and now being the times for holding the terms of the circuit courts in the counties composing said respective second circuits, and they are hereby authorized to hold such special terms in any county for the trial Special terms of continued causes pending in said circuit courts as may be ordered by the circuit judge now acting, or that may be appointed for that county.

may be held.

Provided, Said order for a special term is made and entered at Proviso: a regular term of said circuit court; and,

when special term shall be

of ordered. special term

Proviso:

Provided further That said special term shall be for trial only those causes for which the last preceding regular term was the trial term, or in which both parties consent.

shall only try certain cases.

second cir

SEC. 7. At the general election to be held in the year 1878 Election in there shall be elected in the counties composing said second cir- cuits in year cuits, as by this act constituted, a circuit judge of the respective 1878. second circuits within which said counties are situated as aforesaid, and notice of the holding of said.election shall be included in the proclamation of the governor relating to such general election.

SEC. 8. The term of office of the several judges of the said Terms of office of judges second circuits of said judicial districts, as herein before created, in second cirwho shall be first elected under the provisions of this act, shall cuits. commence on the first day of January, in the year 1879, and shall expire on the first day of January, in the year 1881.

vacancies to

Provided, The governor shall have the same authority to fill Proviso: vacancies, and the same provisions of law shall apply, and with be filled by the same force and effect, to any vacancies occurring in any of appointment. said first or second circuits by this act created, as now apply to

vacancies in judicial circuits.

SEC. 9. At the general election to be held in the year 1880, Term of office and fourth year every thereafter, there shall be elected a judge first and secof judges in of the circuit court for each of the said first and second circuits ond circuits by this act created, who shall hold his office for the term of four after 1880. years, and until his successor is elected and qualified.

counties

SEC. 10. The judges of the several first and second circuits Rights, powby this act created, shall have and exercise within the constituting their said respective circuits, all the rights,

ers and jurisdiction.

powers

Records.

Repealing clause.

and jurisdiction which are at this date possessed and exercised by the several circuit judges within said counties, and all provisions of law now applicable to the circuit court or to the judge thereof shall apply, and are hereby made to apply, with same force and effect, to said courts within said first and second circuits, and to the judges whose appointment and election are herein provided for, except so far as the same may be inconsistent with ‍the provisions of this act.

SEC. 11. The records and books heretofore kept for the business of the circuit courts within and for said counties, shall be continued and used within said respective counties for the same purposes, under the provisions of this act.

SEC. 12. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

SEC. 13. This act, being deemed of immediate importance, Publication. shall 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, the provisions of section 33, of the Code, to the contrary notwithstanding. Approved, March 16, 1878.

I hereby certify that the foregoing act was published in the Iowa State Leader, March 18, and in the Iowa State Register, March 19, 1878. JOSIAH T. YOUNG, Secretary of State.

S. F. 245.

Code, 2990 amended.

Damages

CHAPTER 52.

ROAD SUPERVISORS.

AN ACT to Amend Section 990, Chapter 2, Title 7, of the Code of 1873.
Be it enacted by the General Assembly of the State of
Iowa:

SECTION 1. That section 990, chapter 2, title 7, of the Code of 1873, which is in words and figures, as follows:

"Section 990. When notified in writing that any bridge or any portion of the public highway is unsafe, the supervisor shall be licaused by un- able for all damages resulting from the unsafe or impassable condition of the highway or bridge; after allowing a reasonable time for repairing the same."

safe bridge or highway.

County bridge.

Be, and the same is hereby amended, by adding thereto the following:

"And if there is in his district any bridge erected or maintained by the county, then, in that event, he shall, on such notice of the unsafe condition of such county bridge, as soon as he reasonably can, obstruct passage on such bridge and use strict diligence in notifying at least one member of the board of supervisors of his Liability of county in writing of the unsafe condition of such bridge; and if he fails so to obstruct and notify, he shall be liable for all dam

supervisor.

ages growing out of the unsafe condition of such bridge, occurring between the time he is so notified and such time as he neglects in obstructing such passage; and any person who shall remove such obstruction shall be liable for all damages occurring to any person resulting from such removal.”

Provided, That nothing herein contained shall be construed to Proviso. relieve the county from liability for the defects of said bridge. Approved, March 16, 1878.

CHAPTER 53.

SALE OF SCHOOL LANDS IN ALLAMAKEE COUNTY.

AN ACT to Legalize the Sale of certain School Lands in Allamakee s. F. 158. county.

WHEREAS, The board of supervisors of Allamakee county, Preamble. made sale by contract, of certain school lands in said county to different parties, which land is described as follows, to-wit: The n. half, s. e. section 16, town 96, range 4. The s. half, n. e. 1 section 34, town 97, range 6. The n. e. n. e. section 8, town 96, range 6. The n. w. n. w. section 9, town 96, range 6. n. w. n. w section 34, town 97, range 5, west of the fifth P. M., the appraisement of which fails to appear of record; and,

The

WHEREAS, The said board made sale of a certain other parcel of school land, by contract, to-wit: The n. half s. e. section 16, 99, 6, west of the 5th P. M., the same having been sold for a sum less than the appraised value; therefore,

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

SECTION 1. That the sales of said land are hereby legalized Sales legaland made valid to the same extent as if the said appraisement ized. appeared of record; and that the sale of the said n. s. e. section 16, 99, 6, be also legalized and made valid to the same extent as if it had been sold for a sum equal to or about its appraised value; and that upon the transmission of a certificate to the state land office, by the county auditor of said county, certi

issued.

fying that the several purchasers of said parcels of land have Patents to be paid the contract price for the same, the said parties thus purchasing shall each be entitled to a patent for said land. Approved, March 16, 1878.

S. F. 44.

CHAPTER 54.

NORMAL INSTITUTES.

AN ACT to Amend Section 1, Chapter 57, of Public Laws of the Fifteenth General Assembly, in Relation to holding Normal Institutes.

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

SECTION 1. That section one, of chapter 57, of public laws of 1, chapter 57, the fifteenth general assembly, be, and the same are [is] hereby amended to read as follows:

15th G. A.,

amended

intendent

shall hold

normal institute annually.

The county superintendent shall hold, annually, a normal instiCounty super- tute for the instruction of teachers and those who may desire to teach, and with the concurrence of the superintendent of public instruction, procure such assistance as may be necessary to conduct the same, at such time as the schools in the county are gen May procure erally closed. To defray the expenses of said institute, he shall require the payment of a registration fee of one dollar from each met person attending the normal institutes, and shall also require the payment, in all cases, of one dollar from every applicant for a certificate.

assistance.

May require

payment of

fees expenses.

Approved, March 16, 1878.

S. F. 15.

Code, 23889:

substitute for.

Penalty for

setting out

fire by which

property of another is injured.

CHAPTER 55.

IN RELATION TO SETTING OUT FIRES.

AN ACT to repeal Section 3889 of Chapter 3, Title 24 of the Code, in relation to Setting out Fires, and to enact a Substitute therefor.

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

SECTION 1. That section 3889, of chapter 3, title 24, of the Code of 1873 be, and the same is hereby repealed, and the following enacted in lieu thereof:

Section 3889. If any person wilfully, or without using proper caution, set fire to and burn, or cause to be burned, any prairie or timbered land, or any enclosed or cultivated field, or any highway, by which the property of another is injured or destroyed, he shall be fined not exceeding five hundred dollars, or impris oned in the county jail not more than one year, or by both fine and imprisonment, in the discretion of the court.

Approved, March 16, 1878.;

CHAPTER 56.

COMPENSATION OF CERTAIN OFFICERS IN CITIES.

AN ACT requiring that Officers in certain Cities may receive a fixed H. F. 308. Compensation, and that all Fees now allowed such Officers shall

be paid into the Treasuries of such Cities.

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

instead of

SECTION 1. That all cities of the 1st class, organized under officers to rethe general incorporation law, and all cities organized under ceive salary special charter, may provide by ordinance that all judges of po- fees. lice courts or other city courts, city marshals, chiefs of police, police officers, and all other officers elected or appointed, shall receive, in lieu of all fees now allowed by law or ordinance, such fixed salary, in monthly or quarterly installments as may be provided by ordinance, when not provided by law, which salary, when it shall have been fixed, shall not be increased or diminished during their terms of office.

other com

than salary.

SEC. 2. No such officer of any such city shall receive, for his No officer own use, any fees or other compensation for his services of such shall receive city, than that which shall be provided as contemplated in sec- pensation tion one (1) of this act; but all such fees as are now or may hereafter be allowed by law for such services, shall, by such officer, when collected, be paid into the city treasury, at such time and in such manner as may be prescribed by ordinance.

clause.

SEC. 3. All acts and parts of acts in conflict herewith are Repealing hereby repealed; Provided, That the intent of this act is not Proviso: to abolish any fees now allowed by law, but to require the same all fees reto be paid into the city treasury.

ceived to be paid into

Publication.

SEC. 4. This act, being deemed of immediate importance, shall treasury. 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 18, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, and Iowa State Leader, March 19, 1878.

JOSIAH T. YOUNG, Secretary of State,