so disposed of; said sale shall take place at the inclosure, tees. some one or more, as the case may require, to act in the Interested trusplace of the person or persons so interested; the owner of the stock, or the person entitled to the possession thereof, when known, shall also be notified of the time Notice to owner. and place of the meeting of said trustees to assess said damages. court. SEC. 6. The trustees shall make their assessment in Filing. writing and file the same with the township clerk, to be of record in his office, and they shall receive the sum of one dollar per day each, for each assessment. All Pay. persons aggrieved by the action of the trustees, under this act, may appeal to the Circuit Court of the proper Appeal to circuit county, in all cases, where the amount of assessment shall exceed forty dollars. filed with the clerk of the township in a penalty double the value of the property distrained, with good and sufficient securities, to be approved by the clerk; and from and after the filing of the appeal bond, the same shall operate as a supersedeas. The clerk, after an Township clerk appeal is taken, shall certify all the original papers to the clerk of the circuit court, within the time prescribed for the appeal, for which he shall receive the sum of Fee, one dollar and fifty cents fees. The appeal-bond shall be Appeal-bond. to certify. SEC. 7. If the owners of such distrained stock are Owners unknown not known it shall be treated as estrays. on this act; SEC. 8. At the regular meeting of the board of County may vote supervisors in June, of each year, a majority of the board shall determine whether the adoption of the provisions of this act shall be submitted to the legal voters of the county, at the ensuing general election; and if the supervisors so declare, there may be written or printed on each ballot either of the sentences, following, to-wit: "For the act restraining stock from running at large;" "Against the act restraining stock from run- and on its repeal ning at large;" and if a majority of all the votes cast, for or against said proposition at said election, be for said act, then, and not otherwise, shall the provisions of this act be in full force in such county: provided, a majority Proviso. of the board of supervisors may submit the question, whether the provisions of this act shall be repealed by a majority vote in any county in which it may have been adopted; and provided, further, that any board of supervisors in any county in this State may submit the Special election. question of adopting the provisions of this act, at a special election called for that purpose. SEC. 9 The provisions of this act shall take effect in Taking effect in ninety days after being adopted by any county in this the counties. State. SEO. 10. This act being deemed of immediate importance, shall be in force on and after its publication in the Daily State Register and Daily Des Moines Bulletin, papers published at Des Moines, Iowa. Approved, March 17, 1870. I hereby certify that the foregoing Act was published in the Des Moines Daily Bulletin, March 18, and in the Daily Iowa State Register, March 19, 1870. ED WRIGHT, Secretary of State. CHAPTER 27. MARCH 17. Preamble. CITY OF COUNCIL BLUFFS. AN ACT Legalizing certain Elections in the City of Council Bluffs, and also Legalizing the Acts of the Officers elected thereat. WHEREAS, On the second Monday in March, A. D. 1858, the City of Council Bluffs, in the county of Pottawattamie, and State of lowa, did hold its election for officers of said city, and did thereat elect certain officers, as prescribed in, and required by the amended charter of 6th G.A.: ch. 102 said city, passed by the General Assembly of this State, and approved January 23, 1857, entitled "An act to amend the charter of the city of Council Bluffs," which said officers duly qualified and entered upon the discharge of their respective duties; and wrong days. WHEREAS, Annually thereafter, for the period of eleven Elections on years, and up to the year A. D. 1869, on the said second Monday of March, [of each year,] the said city of Council Bluffs did hold an election for city officers as aforesaid, who duly qualified and entered upon the discharge of their respective duties; and WHEREAS, Said elections, by law, should have been on the first Monday in April of each year in lieu of the time at which they were held as aforesaid, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the said elections of officers of Elections for city the city of Council Bluffs as aforesaid, on the second officers legalized. Monday in March, A. D. 1858, and annually thereafter, on said day, up to the year A. D. 1869, and the vote of the electors thereat for the purpose aforesaid, be and the same are hereby legalized to all intents and purposes, as fully and as effectually as if said elections had been held at the time provided by law. SEC. 2. All warrants issued, all elections for the Acts of city and levying of special taxes, whether paid or to be paid by officers legalized. bond or otherwise, all obligations of indebtedness, all ordinances and resolutions passed, all sales of city property for taxes, all taxes levied for municipal and other purposes, all contracts made, and all the acts of said city of Council Bluffs and of its said officers, of what kind and character soever, between the years A. D. 1858 and 1869, be and the same are hereby legalized to all intents and purposes, as fully and effectually as if said elections had been held on the day provided by law. SEC. 3. This act being deemed of immediate impor- Taking effect. tance, shall take effect from and after its publication in the Iowa State Register and the Council Bluffs Nonpareil, anything in the statutes of this state to the contrary notwithstanding; provided, that said publication be Proviso. without expense to the State. Approved, March 17, 1870. I hereby certify that the foregoing act was published in the Towa State Register, March 22, and the Council Bluffs Nonpareil, * -1870. ED WRIGHT, Secretary of State. CHAPTER 28. LE CLAIRE, SCOTT COUNTY. * AN ACT to Legalize the Election of Corporation Officers in the MARCH 17. Town of Le Claire, County of Scott, and State of Iowa, on the 1st Monday. of March, A. D. 1869. WHEREAS, At the charter election held on the first Monday of March, A. D. 1869, for the election of May- Preamble. or, Recorder, Trustees, and other corporate officers, the clerk of said corporation failed to make a registry of the *See Addenda. 1868; ch. 171. votes of said corporate town of Le Claire, as provided in Chapter 171, of the laws of the Twelfth General Assembly; therefore, SECTION 1. Be it enacted by the General Assembly of Town election, the State of Iowa, That said election, held on the first without registry, legalized. Monday of March, A. D. 1869, for corporate officers of said town of Le Claire, is hereby legalized, the same as though a registry had been made as provided in said Chapter 171 of the Laws of the Twelfth General Assembly. Taking effect. SEC. 2. This Act to take effect after its publication according to law. Approved, March 17, 1870. CHAPTER 29. MARCH 21. 1862: ch. 118. SALE OF SCHOOL LANDS. AN ACT to Amend Section 3 of Chapter 118 of the Laws of the SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 3 of chapter 118 of the laws of the Tenth General Assembly be and the same is hereby repealed, and that in lieu thereof the following is hereby enacted: "Sec. 3. Hereafter no part of the sixteenth section, nor land selected in lieu thereof, nor any part of the five hundred thousand acre grant, nor any other school lands whatsoever, shall be sold for a Minimum price. less sum than the minimum price of six dollars per acre, $6 per acre. except as by law hereinafter provided, and in no case for less than the amount at which it has been appraised; provided, however, that the sale of section number sixteen, township ninety-two, range thirty-one, and lots numbers two, three, four, five, six and seven in section sixteen, township ninety-three, range thirty-four in Sale in Pocahon: Pocahontas county, sold by the board of supervisors of said county prior to the receipt of the resolution of this General Assembly withdrawing school lands from sale by the auditor of said county shall not be affected by the passage of said resolution. tas county not affected. SEC. 2. No school lands of any kind shall be sold Pre-requisites to until there shall be at least twenty-five legal voters resi- sale. dent in the congressional township in which said school land is situated, and in a fractional township of less than thirty-six sections the number of voters residing therein, must have at least the same ratio to twenty-five as the 25 voters number of sections, or parts of sections, in said towpship has to thirty-six, which fact in all cases must be shown to the satisfaction of the board of supervisors. offered without bidders. supervisors. Of Auditor; Of Reg. S. L.O SEC. 3. Where the board of supervisors of any county Rev.: §§1970 and shall have once, at least, offered for sale any school lands 1971. in compliance with the requirements of section 1970 and 1971, of the Revision of 1860 and of this act, and are unable to sell the same for as large an amount as the minimum price of six dollars per acre; and if in the when land has opinion of said board of supervisors said land can not be been sold for that price, and it is for the best interests of the school fund that the same be sold for a less price, then, Action of board and in that case said board of supervisors may instruct the auditor of said county to transmit by mail, or otherwise, to the Register of the State Land Office, a certified copy of the proceedings of said board of snpervisors in relation to the order of sale of said land, and subsequent proceedings in relation thereto, including the action of the township trustees, and the price per acre at which said land shall have been appraised, which transcript the Register of the State Land Office shall submit to the State Census Board; and if a majority of said Census Board, including the Register of the State Land Office, shall approve of the sale of said land for less than the minimum price of six dollars per acre, then the Register of the State Land Office shall certify such approval to of Reg. S. L.O the auditor of the county from whence said transcript came, which certificate shall be transcribed in the minutebook of the board of supervisors of said county, and thereupon said land may again be offered and sold to the Lands may be highest bidder, as provided in section 1971 of Revis- sold. ion of 1860, without being again appraised; but in no case under the provisions of this section shall any school Of Census Bd. land be sold for a less sum than one dollar and twenty- Minimum $1.25. five cents per acre. SEC. 4. Section 11 of chapter 148 of the Laws of the Repeal. Ninth General Assembly, is hereby repealed. execution. SEC. 5. When any lands have been bid in by the Lands bid in on State in behalf of the school-fund on execution founded on a judgment in favor of said fund, such land shall be sold in the same manner as other school lands. |