1868.

duly recorded in the recorder's office of Polk county, on the day of the signature of the same by the Gov

ernor.

E.J.Ingersoll, SEO. 2. All the notarial acts of E. J. Ingersoll, a from Jan. 23 notary public of Polk county, done or certified by him to March 10, on or subsequent to the 23d day of January, A. D. 1868, and prior to the 10th day of March, A. D. 1868, shall be and the same are hereby legalized and made valid, with the same force and effect as if his notarial commission had continued in force until the date last mentioned.

W. S. Pritch

SEC. 3. All the notarial acts of W. S. Pritchard, a ard, from Jan. notary public of Polk county, done or certified by him 10, 1868, to on or subsequent to the 10th day of January, A. D. Mar. 10, 1868. 1868, and prior to the 10th day of March, A. D. 1868,

Taking effect.

shall be and the same are hereby legalized and made valid with the same force and effect as if his notarial commission had continued in force until the date last mentioned.

SEC. 4. This act shall take effect and be in force from and after its publication in the Iowa State Register and The Iowa Evening Statesman, newspapers published at Des Moines, Iowa; provided, that said publication shall be without expense to the State. Approved April 7, 1868.

[For certificate of publication, see "Addenda."]

CHAPTER 140.

APRIL 7.

TAX-RECEIPTS.

AN ACT Requiring County Treasurers to insert in Tax - Receipts the Valuation of each Piece of Real Estate.

SECTION 1. Be it enacted by the General Assembly Co. treasurers of the State of Iowa, That the treasurer and collector to insert in of each county in this State shall, in his receipt to tax-receipt valuation of every person who pays tax on any real estate, insert in said receipt, opposite to the description of each tract of land or town - lot, the amount of the assessed value of said tract of land or town - lot.

real estate.

Approved April 7, 1868.

CHAPTER 141.

JURORS AND WITNESSES' FEES.

AN ACT to Provide for the Payment of Witness Fees and Jurors'
Fees in State Cases.

APRIL 7.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the last clause of section 4152, chapter 162 of the Revision of 1860, be so Rev., 4152. amended as to read as follows: That in all criminal Fees of witcases prosecuted in the name of the State of Iowa, nesses for dewhere the prosecution fails, or where the defendant, in criminal fense & jurors being convicted, is insolvent, the fees of such witnesses trials in cerfor the defense as the court, after trying the case, shall tain cases to be paid by determine are material, together with jurors' fees (if a jury shall have been demanded), shall be paid by the county: Provided, That the county may afterwards Proviso: colcollect such fees from such defendant; And provided lection. Proviso: prifurther, That nothing in this act shall be construed as vate prosecupreventing courts from taxing costs against private tors. prosecutors under the provisions of section 4646 and Rev., §§ 4646 5086 of the Revision of 1860. Approved April 7, 1868.

county.

and 5086.

CHAPTER 142.

THE AGRICULTURAL COLLEGE AND FARM.

AN ACT to Provide certain Police Regulations for the Protection of the Iowa State Agricultural College and Farm and of the Students therein.

APRIL 7.

sold within 2

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That from and after the fourth day of July next, no person shall open, maintain, or Wine, beer, conduct any shop or other place for the sale of wine, &c., not to be beer, or spirituous liquors, or sell the same at any place miles of Agr. within a distance of two miles from the Agricultural College. College in Story county: Provided, That the same Proviso. may be sold for sacramental, mechanical, medical, or calinary purposes.

SEC. 2. Any person violating the provisions of this Penalty. act shall be punished, on conviction by any court of

competent jurisdiction, by a fine not exceeding fifty dollars for each offense, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment.

Approved April 7, 1868.

CHAPTER 143.

CANADA THISTLES.

APRIL 7. AN ACT to Destroy Canada Thistles.

ada thistles to

grow;

SECTION 1. Be it enacted by the General Assembly Penalty for of the State of Iowa, That if any resident owner of allowi'g Can any land in this State, after having been notified in writing of the presence of Canada thistles on his or her premises, shall permit them or any part thereof to $5 fine and blossom or mature, he or she shall be liable to a fine of five dollars and costs of collection for each offense. Approved April 7, 1868.

costs.

CHAPTER 144.

DISTRAINING STOCK.

APRIL 7. AN ACT to Protect Crops against the Invasions of Stock.

SECTION 1. Be it enacted by the General Assembly Stock doing of the State of Iowa, That any stock taken in the act damage may of doing damage, between the hours of sunset and sunbe distrained. rise, may be distrained by the person or persons whose

property is damaged, or by the person or persons having charge thereof, whether the fences surrounding such property are lawful or otherwise.

SEO. 2. Whenever any stock shall be so distrained, Owners to be the person or persons sustaining the damage, or having notified of re- charge of the property damaged, shall, within twentyfour hours after such distraint, notify the owner or owners, or person or persons claiming a right to such stock, (if he, she, or they can be found with reasonable

straint.

diligence,) that it is distrained, and that he, she, or they may forthwith appear where the damage has been done, and view, compromise, and pay the same, or, failing so to do, the stock will be dealt with according to law.

SEC. 3. The owner or owners, person or persons Compromise. having charge of such stock, may, within twenty-four hours after receiving such notice, appear and view, compromise, and pay damages, and if the parties can- If parties do not agree upon the amount of damages to be paid, or not agree on upon the manner by which such damages shall be damages, determined, the party sustaining the damage shall immediately notify the township trustees to be and trustees to be appear at the time and place designated in said notice, notified. (which shall not be more than twenty-four hours after the service thereof,) to view and assess the damages.

ages, &c.

SEC. 4. When two or more of said trustees have assembled, they shall proceed to view and assess the Trustees to amount of damage done by the stock distrained, and assess damthe amount for which the owner of each head distrained is liable, and also the amount to be paid by the owner or owners, or persons claiming such distrained stock, and the amount to be paid per diem for the keeping of each head of such stock, and for the purpose of arriving at any of the facts connected with their official duties, as specified by this act, they, or either of them, may place under oath any person from whom they choose to elicit the information desired. And the said trustees Fees of trusshall, at the time of making the appraisement, each tees. receive from the complaning party one dollar for every six hours occupied by them in making the appraise

ment.

SEO. 5. The trustees shall at the time of making the appraisement make a correct record of their doings, Record. which they shall preserve for future reference, and

shall also, at the same time, make and deliver one copy Copy of do. thereof to the complainant.

SEC. 6. At any time within thirty days from the time of distraining such stock, the owner, owners, or

claimants of such stock or any part thereof may reclaim Claimants them, or part thereof, by paying to the complainant his, may reclaim her, or their proportion of the damages assessed and in 30 days. charges made, as determined by the trustees, according to the number they or either of them may have distrained, and if at the end of thirty days after distraining said stock any part thereof shall remain in dis

traint, and the owner or claimants are known and have Sale of disbeen notified as provided by section two of this act, the trained stock.

chairman of the board of trustees shall sell the same at the inclosure, for cash to the highest bidder, between the hours of one and three o'clock, P. M., of said day, after posting up notices of the time and place of said sale in at least three public places in the township where said damage was done at least ten days previous If owners are to the time of said sale; but if at the end of thirty unkowe days after such distraint, the owner or owners, or claimants are not known and can not with reasonable diligence be found, then so much of the stock as belongs to them, or either of them, shall be treated as estrays according to the laws of this State now in force.

considered as estrays.

ducted from

SEC. 7. Within twenty-four hours after such sale, the chairman of the board of trustees shall deduct from Damages and the proceeds thereof the amount of damages unpaid, costs to be de- with costs of keeping said stock, and one dollar for proceeds. every six hours expended by either of the trustees, in the discharge of their duties as contemplated by the provisions of this act, which amount shall be paid over to the person or persons entitled to receive it.

Balances,

of.

SEO. 8. Within three days after such deductions have been made, the chairman of the board of trustees, on demand being made, shall pay over all balances how disposed remaining in his hands to the person or persons entitled to receive them, and in such proportions as shall correspond with the number of stock distrained, and in accordance with the determination of the trustees, Unclaimed and if the owners or claimants refuse or fail to receive amts. to go to or demand the amount to which they or either of them co. treasury. are entitled, the balance shall be paid over to the county treasurer, and become a part of the county school-fund.

SEC. 9. If, after the complainant has distrained any Releasing or stock, any person without his consent shall release, or attempt to release dis- attempt to release, such stock, or any part thereof, from trained stock confinement, he shall, on conviction, be deemed guilty without con- of a misdemeanor, and shall be punished by a fine of sent punish'd not less than ten nor more than one hundred dollars for -fine $10 to $100, or im- each offense, or by imprisonment not exceeding thirty prisonment. days.

SEO. 10. At their regular session in June in each Board super- year a majority of the board of supervisors in each or pervisors at ganized county in this State shall determine whether June meeting to decide on the adoption of the provisions of this act shall be subsubmitting to mitted to the legal votes of the county at the ensuing the people general election, and if the supervisors so declare, there Form of bal- may be written or printed on each ballot cast either of the sentences following, to-wit: "For the stock act,"

this act.

lot.