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Stud horses running at

large may be

taken up.

Gelded horses

dying.

Charge to be paid by owner.

Covering hors

ed to owners or keepers.

HORSES.

AN ACT for the improvement of the breed of Horses.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That it shall and may be lawful for any person to take up and geld, at the risk of the owner, any stud horse, of the age of two years and upwards, that may be found running at large, out of the enclosed grounds of the Owner or keeper; and if the said horse shall die, the owner shall have no recourse against the person or persons who shall have taken up and gelded, or caused to be gelded, the said horse, if the same has been done by a person professing his knowledge as a gelder, and the owner shall pay the price of so gelding.

SEC. 2. It shall not be lawful for any person or es may be taken persons to geld any horse above fourteen and a half up and convey hands high, that is known to be kept for covering mares; but if any owner or keeper of the covering horse shall wilfully and negligently suffer said horse to run at large, out of the enclosed grounds of the owner or keeper, any person may take up said horse and convey him to his owner or keeper, for which he shall receive two dollars, recoverable before any justice of the peace of the county; for a second. offence, double the sum; and for a third offence, said horse may be taken up and gelded, as provided in the preceding section of this act.

All reasonable

SEC. 3. It shall be the duty of any person, who care to be used. shall take up and geld any stud horse according to the provisions of the preceding sections, to take all reasonable care of said horse until his wounds shall Compensation be healed, and the taker up shall receive from the to the taker up. Owner a reasonable compensation for the care and trouble he may have about the said horse. Such allowance shall be settled by some justice of the peace, who shall take into consideration the trouble and expense of the taker up, if the parties cannot Lien upon the otherwise agree. And the party, so taking up and altering, shall have a lien, until paid, upon said horse for his necessary trouble and attention in altering and taking care of him.

horse.

APPROVED. January 17, 1839.

INCORPORATIONS.

AN ACT to provide for the incorporation of Agricultural Societies.

Societies may

be formed.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That here- Agricultural after, when any twenty or more citizens of any county shall see proper to meet, at their county seat, in conformity to this act, it shall be lawful for them to organize themselves and become an agricultural society, with corporate and politic powers, as hereinafter provided by this act.

SEC. 2. Public notice shall be given, by advertise- Notice of meetments signed by at least three citizens of the county, ing. and put up at three public places in said county, three weeks previous to said meeting, or published three weeks in a newspaper printed in the county, of the intended meetings, setting forth that the object thereof is the formation of an agricultural society under the provisions of this act.

SEC. 3. When twenty or more citizens of any county Vote on quesshall have so met, at the county seat, it shall be law- tion of incorful for them to choose a chairman and secretary for poration. said meeting, who shall be sworn or affirmed, faithfully to discharge their respective duties as chairman and secretary of such meeting, by any person legally authorized to administer oaths, and then to proceed to take a vote whether they will or will not incorporate themselves under the provisions of this act; and if there be twenty present who shall so agree, they shall forthwith hold an election, by ballot, for officers, at which election the chairman and secretary shall officiate as judges.

SEC. 4. The officers of each society shall be a pres- Officers of each ident, vice president, treasurer, secretary, and seven society. directors, and such subordinate officers as the presi

dent and directors shall from time to time appoint,

for the purpose of determining between competitors

for prizes and awarding the same. All prizes shall How prizes to be paid for by said society by the president's war- be paid. rant, drawn on the treasurer, and signed by the president, and countersigned by the secretary.

SEC. 5. The treasurer shall give bond, in such sum, Treasurer to with such security, as the president and directors give bond. may approve, conditioned for the payment of all moneys, entrusted to him, to such person or persons as may be by law entitled to the same, and for the

faithful discharge of his duty as treasurer; which Same to be rebond shall be recorded, in the recorder's office of the corded.

When tax on

ed.

county, and filed in the office of the clerk of the district court of said county.

SEC. 6. Before any election is held for officers at each member the first meeting, it shall be determined, by voice, to be determin- what shall be the tax for the first year on each member; and at every annual meeting the amount of the succeeding yearly tax shall be determined, by voice, which shall never exceed five dollars, or be less than one dollar, in any year, on each member.

Certificate of

recorded.

SEC. 7. So soon as a certificate, signed by the election to be chairman and secretary, that a meeting and election of a president, vice president, secretary, treasurer, and seven directors, has been had in conformity to this act, is recorded in the recorder's office (whose duty it shall be to record the same for a fee of twelve and a half cents), they and their successors shall be in law and in fact, a body corporate and politic, to have continuance forever, by the name and style of Corporate style "The Agricultural Society of County." And

Capacity.

Special powers of President and Directors.

Common seal.

by such corporate name and style shall be forever able and capable, in law and equity, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all manner of suits, actions, plaints, pleas, causes, matters, and demands, of whatever kind and nature they may be, in as full and effectual a manner as any person or persons, bodies corporate and politic, may or can do.

SEC. 8. Said president and directors shall have power to make and alter by-laws (a majority being necessary to form a quorum); to determine on what articles, animals, mode of husbandry, or other improvements of any kind connected with agriculture or domestic mechanism, they will confer prizes, and the amount thereof; to fix the days of exhibition; to fill vacancies in their own body, or in any office pertaining to the society, between the times of holding annual elections; to provide for the admission of other members; and to direct, by a by-law, the mode of holding future elections, of the time and place of which election there shall be at least ten days' notice, by advertisement in three public places in the county: Provided, No by-law shall be contrary to this act, or to the laws of this Territory.

SEC. 9. Said president and directors shall have a common seal, with which they shall seal all their official acts; which seal they may alter and revoke at pleasure, and institute another in lieu thereof.

SEC. 10. Such corporation may receive donations Limitation of of land, or other property, for the use of said soci- real estate. ety: Provided, That no such corporation shall hold

any greater amount of real estate than the value of one thousand dollars, for any greater length of time than six months.

SEC. 11. The president, or in his absence the vice When a Presipresident, shall preside at the meeting of the direct- dent pro tem. ors, and have a casting vote on all questions; and in may be chosen. case of absence of both those officers, the directors,

at any meeting, may choose a president, pro tem. from

their own body.

be appropria

SEC. 12. No money shall be appropriated for any For what purother purpose than the payment of prizes that relate poses money to to agriculture and domestic manufactures, and for publications on the same subjects, and the necessary contingent expenses of the society.

ted.

SEC. 13. Nothing in this act shall be so construed Members may as to prevent any member of any agricultural society withdraw on from withdrawing therefrom, on his giving notice giving notice, thereof to the treasurer, and paying up all dues.

SEC. 14. This act to take effect and be in force

from and after its passage.

APPROVED, December 19, 1838.

&c.

INCORPORATIONS.

AN ACT to establish a Seminary of Learning at Wapello, in Louisa county.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That there The Wapello shall be established at the town of Wapello, in Louisa Seminary escounty, a seminary of learning, for the instruction of tablished. young persons of both sexes in science and literature,

corporate.

to be called "The Wapello Seminary;" and that John Certain persons Gilleland, Samuel Kirkpatrick, Hiram Smith, Wil- declared a boliam Milligan, S. S. Gourley, Daniel Brewer, James dy politic and M. Clark, John Eagen, Thomas England, Thomas Stoddard, Robert Williams, Wilson Isett, Joel Bronson, Veasey Bunnel, Mason Wilson, William H. R. Thomas, R. S. Searls, John Ronalds, W. L. Toole, and their associates and successors, are hereby declared a body politic and corporate in law, by the name and style of "The Wapello Seminary."

SEC. 2. And the corporation before named shall Powers of the have perpetual succession, and power to acquire, corporation.

Stock of the

al property

and transfer

able.

possess, and retain and enjoy property, real, personal and mixed, and the same to sell, grant, convey, rent, or otherwise dispose of at pleasure; and they shall have power to contract and be contracted with, sue and be sued, plead and be impleaded, in all courts of justice; and they shall have and use a common seal, with power to alter it at pleasure.

SEC. 3. That the stock of said seminary shall conSeminary to be sist of shares of ten dollars each, which shall be deemed person- deemed personal property, and shall be transferable on the books of said corporation in such manner as may be prescribed by the board of trustees: Provided, That the annual income of the said corporation (not including tuition however) shall not exceed the sum of two thousand dollars, and that its funds, privileges, and immunities, shall be used for no other purpose than that of education.

Proviso.

Board of trus

SEC. 4. The corporate concerns of said seminary tees to manage shall be managed by a board of trustees, consisting the corporate of seven members, four of whom shall constitute To be elected a quorum for the transaction of business. They shall

concerns.

annually.

President of the board.

Powers of the trustees.

be elected by the stockholders on the first Monday in April annually, and shall hold their offices for the term of one year, and until their successors are duly elected. The election of trustees shall be by ballot, and each stockholder shall be entitled to one vote for every share by him owned to the amount of ten shares, and then to one vote for every five shares over and above that amount. Any stockholder may vote in person, or by proxy. Said trustees shall elect one of their number to be president of their board, and they shall have power to fill vacancies in their own body. If any election shall not be made on the day designated by this act, such election may be held on any other day, provided a notice of the time and place of holding such election, signed by three of the stockholders, be affixed to the door of the court house in said county at least twenty days before said. election.

SEC. 5. The board of trustees shall have power to appoint subordinate officers and agents, to make, ordain, and establish such ordinances, rules, and regulations as they may deem necessary for the good government of said seminary, its officers, teachers, and pupils, and for the management of the property and affairs of the said corporation to the best advantage: Provided, That they shall not contravene the laws of the United States, or of this Territory.

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