Residence for

decreed for the following causes, to wit: 1. Impotency. 2. Adultery. And divorces a mensa et thoro shall be adjudged and decreed for the following causes, towit: 3. Extreme cruelty. 4. Wilful desertion of either party for one year: Provided, however, That divorce from the bonds of matrimony may be decreed for these latter causes at the discretion of the court.

SEC. 2. That no divorce shall be granted, except one year to be in cases of adultery, unless the petitioner for such proved by peti- divorce shall prove his or her residence in this Territory for one year next preceding his or her application.

tioner.

Collusion of the parties.

Adultery of the wife.

Adultery of the husband.

Where applications for di

vorce to be made.

SEC. 3. That no divorce shall be adjudged and decreed where the complaint is founded on collusion of the parties, or where the party complaining is guilty of the crime set forth in his or her petition.

SEC. 4. That when the divorce shall be decreed for the adultery of the wife, the husband shall have the personal estate for ever, and the real estate of the wife during his life, in case they have issue born. alive of her body during the coverture, otherwise during her natural life only, if he shall survive her: Provided, nevertheless, That the court may allow for her subsistence so much out of the personal or real estate as they shall judge necessary.

SEC. 5. That when the divorce shall be decreed for the adultery of the husband, the wife, if there be no issue living at the time of the decree, shall be restored to all her lands, tenements, and hereditaments, and be allowed, out of the personal and real estate, or both, of the husband, such alimony as the court shall think 'reasonable, not exceeding the use of one moiety of his real estate during the life of the wife, and the property of the one half of his personal estate, having regard to the personal property which came to the husband by the marriage, and his ability; but if there be issue living at the time of the decree, the court, with regard to ordering restitution or granting alimony as aforesaid, may do as they shall judge the circumstances of the case may require, and, upon the application of either party, may from time to time make such alteration therein as may be necessary.

SEC. 6. That all applications for divorce shall be made to the district court of the county where the parties, or either of them, may reside. The petition shall state the names and age of the parties, and the

cause (being one of the preceding causes enumerated) on which the prayer of the petition is founded.

SEC. 7. That the courts aforesaid shall be and they Witnesses may are hereby authorized to hear witnesses in open be heard in court, on the stand, or to receive depositions taken, open court, or with notice to the adverse party, under the order of the court, or a judge at his chambers.

depositions received.

layed for lack

SEC. 8. That no want of form shall delay or ob- Proceedings struct the proceedings. Notice of the petition, and not to be deof the time of hearing the same, shall be published of form. in a newspaper, printed within this Territory, eight Notice of the weeks at least before a decree shall be made, or petition, &c., to longer notice as the court may direct, and notice of be published. taking depositions shall be given in all cases.

by either party.

SEC 9. If either party shall claim a trial by jury Trial by jury of the facts set forth in the petition, the court shall may be claimed thereupon make up an issue, and empannel a jury for the trial thereof, and render judgment upon the finding of such jury: Provided, That if the petition Proviso. allege impotency as the cause of divorce, the courts shall hear and decide upon the same without the intervention of a jury.

APPROVED, December 29, 1838.

EDUCATION.

AN ACT providing for the establishment of Common Schools.

established in each county.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Common shall be established a common school, or schools, in schools to be each of the counties of this Territory, which shall be open and free for every class of white citizens between the ages of four and twenty-one years: Provided, That persons over the age of twenty-one years may be admitted into such schools on such terms as the trustees of such district may direct.

SEC. 2. The county board shall from time to time School districts form such districts in their respective counties, to be formed by whenever a petition may be presented for that pur- county board pose by a majority of the voters resident within such contemplated district.

on petition.

SEC. 3. The legal voters in each district, to be Election of offiestablished as aforesaid, may have a meeting at any cers. time thereafter, by giving ten days' previous notice, at four of the most public places within the township or district, of the time and place of the same,

Duties of the

trustees.

School district constituted a

at which meeting they may proceed, by ballot, to elect three trustees, one clerk, one treasurer, one assessor, and one collector, who shall severally take an oath of office faithfully to discharge their respective duties.

SEC. 4. It shall be the duty of the trustees to superintend the schools within their respective districts; to examine and employ teachers; to lease all land belonging to the district; to call meetings of the voters whenever they shall deem it expedient, or at any time, when requested so to do by ten legal voters residing within said district, by giving at least ten days' notice of the same, by putting up written or printed notices at three of the most public places in the district; to make an annual report to the county commissioner's court in the proper county, of the number of children living within the bounds of such district, between the ages of four and twentyone years, and what number of them are actually sent to school, with a certificate of the actual time a school is kept up in the district, with the probable expense of the same.

SEC. 5. Each and every school district, when established and organized as a free school shall be body corporate and they are constituted a body corporate and politic, so far as to commence and maintain an action on any agreement made with any person or persons for the non-performance thereof, or for any damage done their school house, or any other property that may belong to, or be in the possession of, such school, and be liable to an action brought and maintained against them for the non-performance of any contract by them made.

Trustees to

prosecute and defend suits,

&c.

To give orders on the treasu

rer.

SEC. 6. It shall be the duty of the trustees to prosecute and defend all such suits, in the name of the trustees for the benefit of the school district, giving it its proper name, and that it shall be lawful for the said trustees, in the name and for said district, to purchase, or receive as a donation, and hold in fee simple, any property, real or personal, for the use of the said school district; and they may prosecute, or defend, any suit or suits relative to the same; and it shall be the duty of the trustees to give orders on the treasurer of the said district for all sums appropriated in paying teachers, and all other expenditures necessarily incurred in establishing, carrying on, and supporting all schools within their respective districts; and at the regular annual meeting of the

inhabitants of the district, the said trustees shall, together with the other officers, settle all accounts which shall have accrued during the year for which they were elected.

SEC. 7. That it shall be the duty of the clerk of Clerk to keep each district to keep a book, in which he shall make a record of protrue entries of the votes and proceedings of each ceedings. meeting of the voters of the district, and of the trustees, which shall be held according to law, and to give attested copies thereof, which shall be legal evidence in all courts of this Territory.

SEC. 8. That it shall be the duty of the treasurer Duty of the of each school district to receive all moneys belong-treasurer. ing to the same, and pay them over, for the use of the school, to the order of a majority of all the legal voters, by vote in general meeting, or the order of the trustees, requiring at all times a written voucher for such payment, stating the purpose for which it is made.

SEC. 9. That it shall be the duty of the collector of the collecof each school district to collect all the moneys be- tor. longing to, or due to the same, when directed so to do, and to collect such taxes as, by the vote of the district, shall be levied, and to pay over all moneys, when collected, to the treasurer of said district, within twenty days after such collection, except five per cent. which he shall retain for his services, taking his receipt for the same.

SEC. 10. That it shall be the duty of the assessor of the assessor. of each school district to assess all such property, lying within and belonging to the inhabitants of said district, as he may be directed to assess by a majority of the voters in such district, and to make return of the same, within thirty days after such assessment, to the trustees of said district.

duties.

SEC. 11. That when any legal voter, living within Fines for nonany school district, shall be duly selected or ap- performance of pointed, according to the second section of this act, trustee, clerk, treasurer, collector, assessor, or to serve a notice, and shall refuse or neglect to discharge the duties of the same, he shall, if a trustee, be fined in the sum of ten dollars, if a clerk, in the sum of eight dollars, if a treasurer, in the sum of five dollars, if an assessor, in the sum of five dollars, and if a person appointed to serve a notice of any meeting, the sum of five dollars; and for a neglect to settle all of their respective accounts at the end of the year for which they were elected, the trustees, clerk,

Powers of vo

ly assembled.

and treasurer shall be fined in the sum of twenty dollars, which, together with all other fines imposed in this act, shall be collected by suit before any justice of the peace within the proper county, and when collected shall be paid over to the treasurer of the district for the use of the school, or schools, within the same.

SEC. 12. That the legal voters within any school ters when legal district, lawfully assembled, shall have the powers, to wit: To appoint a time and a place for annual meeting, to select a place within the district, to build a school house, to levy a tax, in conformity with the provision of the tenth section of this act, either in cash, or good merchantable produce at cash price, upon the inhabitants of their respective districts, not exceeding one half per centum, nor amounting to more than ten dollars per annum on any one person, to do all and every thing necessary to the establishment and support of schools within the same.

One of the

side at meet

ings.

SEC. 13. That one of the trustees shall preside at trustees to pre- all meetings of the voters, who shall put all questions upon which a vote is to be taken, and when the vote is taken upon levying a tax upon the district, each of the voters present may propose a sum to be levied, and the vote shall be taken on the highest sum proposed, and in case of a disagreement, upon the next highest, and so on down, until a majority of all the legal voters within the district, so taxed, shall agree. SEC. 14. That it shall be the duty of the trustees, or a majority of them, to furnish the collector with a sufficient warrant to collect such taxes as may be so levied, which warrant shall be his authority for collecting the same.

Trustees to furnish collector with a warrant.

Treasurer and

rity.

SEC. 15. That the treasurer of each district shall, collector to give before he enters on his duties, give bond, with good bond and secu- and sufficient security, to the trustees of said district, in any sum agreed upon by said trustees, for the true and faithful performance of his duties. And the collector shall give bond in like manner. APPROVED, January 1, 1839.