new term. and also in those counties attached to others, whenever in his judgment the business of the county requires it. Writs, &c., SEC. 6. All writs, processes, and proceedings pendreturnable at ing in any of said courts, and returnable at the times now fixed by law, shall be deemed pending and returnable at the terms as fixed by this act; and no suit, writ, notice, recognizance, indictment, or other proceeding No legal pro- shall be quashed or held invalid by reason of this act ceedings in- or by reason of the changes hereby made in the times. validated by for holding the courts in said district. change. Repealing clause. SEC. 7. All acts and parts of acts inconsistent with this act are hereby repealed. SEO. 8. This act, being deemed of immediate imTaking effect. portance by the General Assembly, shall take effect and be in force from and after its publication in the Daily State Register and The Iowa Evening Statesman. Approved April 3, 1868. I hereby certify that the foregoing act was published in the Daily State Register April 7, 1868, and in The Iowa Evening Statesman April 7, 1868. ED WRIGHT, Secretary of State. CHAPTER 74. FOR THE PROTECTION OF FRUIT. APRIL 3. AN ACT to Repeal Chapter 120 of the Laws of the Ninth General Assembly, approved April 7th, 1862, and to Enact, in1862, ch. 120. stead thereof, a Substitute having for its Object the better Protection of Fruit. SECTION 1. Be it enacted by the General Assembly Injuring or of the State of Iowa, That if any person or persons steali'g grow- maliciously or mischievously enter the inclosure of any ing fruit pun- person with the intent to knock off, pick, destroy, or ished; carry away; or, having lawfully entered, do afterwards 1st offense-$5 wrongfully knock off, pick, destroy, or carry away any to $100 fine apples, peaches, pears, plums, grapes, or other fruit or flower of any tree, shrub, bush, or vine, he shall be or imprisonment not over punished, for the first offense, by a fine not less than 30 days; five dollars, nor exceeding one hundred dollars, with 2d offense-the costs of conviction, or by imprisonment in the $10, costs, & county jail not exceeding thirty days; and should any imprisonm't. person be found guilty of a second violation of this act ⚫ and costs, fine not under the fine shall not be less than ten dollars and costs of conviction, or imprisonment as above provided. SEC. 2. If any person. maliciously or mischievously enter the inclosure of any person in the night-time, Same offense and knock off, pick, destroy, or carry away any apples, in night time, peaches, pears, plums, grapes, or other fruit or flower night, of any tree, shrub, bush, or vine; or, if any person or being having entered the inclosure of another, in the night- found in intime, with the intent to knock off, pick, destroy, or closure at carry away any fruit or flower as aforesaid, be actually found therein, he shall, on conviction thereof, be pun- punished: fine ished by a fine not less than twenty-five nor to exceed $25 to $100 & one hundred dollars and costs of conviction, or by imprisonm't. imprisonment in the county jail not exceeding thirty days. costs, or SEC. 3. Chapter 120 of the laws of the Ninth Gen- Ch. 120, 9th eral Assembly, approved April 7th, 1862, and all other G. A., &c., repealed. acts or parts of acts in conflict with this act are hereby repealed. SEC. 4. Be it further enacted, That if any person Taking, demaliciously or mischievously bruise, break, pull up, cut stroying, and injuring fruit down, carry away, destroy, or in anywise injure any trees, &c., fruit or ornamental tree, shrub, or vine, being, growing, or standing on the land of another, he shall be pun- punished: fine ished by a fine not less than ten nor exceeding one $10 to $100 & hundred dollars, and costs of conviction, or by impris- costs, or imprisonment. onment in the county jail not exceeding thirty days. SEC. 5. Nothing in this act shall be construed as Construction. repealing or conflicting with any part of chapter 170 Rev., ch. 170. of the Revision of 1860. Approved April 3, 1868. CHAPTER 75. REAL ESTATE SOLD FOR TAXES AND UNREDEEMED TO BE AN ACT Relating to Real Estate sold for Taxes, and unredeemed, and Providing that Property so sold and unredeemed shall be designated as such on the Tax - Lists. APRIL 3. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be the duty of the clerk of the board of supervisors in each county, when Clerk board making up the tax - book of the county, and before supervisors real estate to designate said book is placed in the hands of the county treasin tax- book urer for collection of the taxes therein, to designate sold for taxes each piece or parcel of real estate sold for the taxes, and not redeemed, by writing in a plain manner, opposite deemed. to each such piece of real estate so sold and unredeemed, the word "sold." and unre SEC. 2. It shall be the duty of each county treas Co. treasurer urer, when any person offers to pay taxes on any real to notify own- estate marked "sold," to notify such person that such ers of proptrty sold for property has been sold for taxes, and to inform him for what year or years' taxes said property (was sold), and at what time said sale was effected. taxes. Neglect of co. SEO. 3. Any county treasurer, or clerk of the officers sub- board of supervisors, who shall willfully neglect or jects to for- refuse to perform the duties required by this act, shall feiture $50- be liable to forfeit not less than fifty nor more than five $500; how recover- hundred dollars, to be recovered in an action brought ed; in a court of record, by the board of supervisors, or by the party injured thereby, and the judgment entered shall be against him and his bondsmen, and the prohalf to school ceeds of such forfeiture shall go, one part to the school fund, and one part to the party injured. Approved April 3, 1868. fund. APRIL 3. CHAPTER 76. NON-RESIDENT ROAD - TAX. AN ACT to Repeal Section 898, of the Revision of 1860, and to SECTION 1. Be it enacted by the General Assembly Rev., § 898. of the State of Iowa, That section 898 of the Revision of 1860 is hereby repealed, and the following is enacted Tp. clerk to in lieu thereof: SECTION 898. That the township make out list clerks shall, on or before the second Monday of October of non-resid't in each lands, &c., deyear, make out a correct list of all non-resident linquent for land and town-lots, on which the road-tax has not road-tax, and been paid, and the amount of tax charged on each piece am't of tax. of land and town-lot, designating the district in which said land or town - lot is situated, and transmit a certiClerk board fied copy of the same to the clerk of the board of supervisors to supervisors of the proper county, who shall enter the amount of tax on each piece of land and town - lot, on enter same on the tax-list, opposite such piece of land and town-lot tax-list. respectively, in the column ruled for that purpose, the same as other taxes, and deliver the same to the county treasurer, charging him with the same, which shall be collected by such treasurer in the same manner that Co. treasurer county taxes are collected; and in case the township to collect, clerk shall fail or neglect to make such return, he shall Neglect of forfeit and pay to the use of the township, for road pur- tp. clerk punposes, a sum equal to the amount of tax on said land, which may be collected by suit on his official bond, commenced in the name of the township by the trustees thereof, before any court having coinpetent jurisdiction. Approved April 3, 1868. ished. СНАРТER 77. UNITED STATES MAY PURCHASE PROPERTY IN DES MOINES. AN ACT Giving the Consent of the Legislature of the State of APRIL 3. Iowa to the Purchase by the United States of certain Real Estate. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the consent of this General Assembly be and the same is hereby given to the pur- Cons'nt given chase, by the United States, of those certain parcels of to U.S. to purland known and described as lot number five, and lot chase lots 5 & 6, block 21, number six, in block number twenty-one, in the original original town town of Fort Des Moines, now included within the cor- of Fort Des porate limits of the city of Des Moines, in said State. Moines. Approved April 3, 1868. AN ACT in Relation to the School - Fund and the School - Lands. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be the duty of APRIL 3. Daty of clerk the clerks of the boards of supervisors of the several board of su- counties of the State, in which lands have been bid off pervisors. on foreclosure of mortgages and contracts and conveyed to the State for the use of the school - fund, previous to the taking effect of this act, to make an abstract of Lands con- such lands, giving their description in full, and the date veyed to State of the conveyance of the land to the State, and having for school- certified to the correctness of said abstract, immediately to forward the same to the Register of the State Landof Office, and any such lands conveyed to the State after the taking effect of this act shall in like manner be immediately certified to the Register of the State Land-Office. fund to certified Register State L. O. for school be SEC. 2. Whenever any such lands shall have been Conveyances conveyed to the counties in which the same are situated, to counties for the use of the school - fund instead of to the State, fund to be as required by law, such conveyance shall be considered binding. valid and binding, and on the proper certificates being Patents to made, as herein before provided, patents shall be issued issue. to the purchasers of said lands in like manner as in cases where the conveyances were made to the State for the use of the school - fund. SEC. 3. This act, being deemed of immediate Taking effect. importance, shall take effect and be in force from and after its publication in the daily Iowa State Register and daily Iowa Evening Statesman, newspapers published at Des Moines, Iowa. Approved April 3, 1868. I hereby certify that the foregoing act was published in The Iowa Evening Statesman April 6, 1868, and in the Daily State Register April 10, 1868. ED WRIGHT, Secretary of State. APRIL 3. 1862, ch. 159. AN ACT to amend Chapter 169 of the Acts of the Ninth General SECTION 1. Be it enacted by the General Assembly of the State of Iowa, All companies, lessees or corporations, hereafter running or operating any railroad |