SEC. 5. Punishment for obstructing, etc. That any person or persons, obstructing, injuring or defacing the said road, gates, or toll houses, or any of the property belonging to the same, in any manner, or shall aid or abet the same, shall be prosecuted in any court of competent jurisdiction within the proper county, and upon conviction shall be liable for such damages or injury, and shall be subject to a fine and imprisonment at the discretion of the court.

SEC. 6. Whenever a connected one third of the line of said road is completed, a gate, or gates, may be erected thereon, and the toll collected prorata: provided, that toll shall not be exacted in any case, except, such as is expressed in this act.

SEC. 7. Take effect. This act shall take effect and be in force from and after its publication.

Approved, January 15. 1849.

CHAPTER 97.

STATE ROAD.

AN ACT to lay out and establish a state road from Dubuque City, in Dubuque county, to Bunker's landing, in Clayton county.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Commissioners. That Isaac N. Higbee and John Wharton, of Dubuque county, and Robert Bunker, of Clayton county, be, and they are hereby, appointed commissioners to lay out and establish a State road from Dubuque city, in Dubuque county, to Bunker's landing, in Clayton county. SEC. 2. When to meet. Said commissioners, or a majority of them, shall meet at Dubuque city on the first Monday of May next, or within three months thereafter, and proceed to lay out and establish said road according to law. Approved, January 15, 1849.

[128] CHAPTER 98.

STATE ROAD.

AN ACT to locate and establish a road therein named.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Commissioners. That Robert Stuart and Asa Gregg, of Muscatine county, and Elisha Henry, of Cedar county, be and they are hereby appointed commissioners to locate and establish a state road, commencing where the north state road from Iowa City to Bloomington intersects the corners of sections one, (1) and two, (2) in township seventy-eight, (78) north of range four, (4) west of the fifth, (5) principal meridian on the north line of Muscatine county; thence east on said county line to some point near the east fork of Wapsenonoc creek; thence on the nearest and best

route to the main road leading from Iowa City to Bloomington, in Muscatine county, west of the town of Hudson.

SEC. 2. To meet. Said commissioners or a majority of them, shall meet at the house of Nehemiah Chase, in Muscatine county, on the first Monday of April next, or within sixty days thereafter, and, taking to their assistance the necessary hands, together with a surveyor, proceed to locate and establish said road according to law.

SEC. 3. Take effect. This act to take effect and be in force from and after its passage.

Approved, Jan. 15, 1849.

CHAPTER 99.

ROADS.

AN ACT to change the location of certain roads therein named.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Certain roads changed. That the location of the military road together with the location of a state road and county road which passes diagonally through section 16, in township 79 N.. R. 6 west, be and the same is hereby so changed as to leave the present location where the same strike: the said 16th sec- [129] tion at or near its north-east corner, passing thence south along the east side of said section, until it intersects a sixty foot road laid out and established upon said section, thence with said road until the same intersects the present location of said roads.

SEC. 2. Repealing section. All acts or parts of acts contravening the provisions of this act be and the same are hereby repealed.

SEC. 3. Take effect. This act shall take effect and be in force from and after its passage.

Approved, Jan. 15, 1849.

CHAPTER 100.

STATE ROAD.

AN ACT to lay out and establish a state road from Grandview, in Louisa county, tc Bloomington, Muscatine county.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Commissioners. Commissioners. That Alexander Ross and Elias Thornton, of Louisa county, and Henry Q. Jenison, of Muscatine county, be and they are hereby appointed commissioners to lay out and establish a state road from Grandview, in Louisa county, to Bloomington, in Muscatine county, on the nearest and best route.

SEC. 2. To meet. Said commissioners or a majority of them, shall meet at such time and place as they may agree upon, within three months after the passage of this act, and taking to their assistance the necessary hands

shall proceed to perform the duties required of them by this act, being governed in all respects by the general laws in relation to the establishment of state roads.

SEC. 3. Compensation. The commissioners, surveyor and other hands employed in laying out said road, shall receive such reasonable compensation for their services as the board of commissioners of the respective counties of Louisa and Muscatine shall determine, to be paid out of the treasury of said counties in proportion to the length of said road in each county.

SEC. 4. Take effect. This act shall take effect and be in force from and after its passage.

Approved, January 15, 1849.

[130] CHAPTER 101.

STATE ROADS.

AN ACT to amend an act entitled "an act for laying out and establishing certain roads therein named," approved Feb. 18th, 1849.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Time for establishing certain roads extended. That an act for laying out and establishing certain roads therein named approved Feb. 18th. 1847, be so amended as to give the commissioner appointed by the third section of said act, until the first day of September, 1849, to complete the laying. out and establishing road in said section.

SEC. 2. Repealing section. All acts and parts of acts coming in conflict with this act be and the same are hereby repealed.

SEC. 3. Take effect. This act to take effect and be in force from and after its publication in the weekly newspapers of Iowa City.

Approved Jan. 15th, 1849.

Published in Reporter, April 4th, 1849, and Republican, April

CHAPTER 102.

STATE ROAD.

AN ACT requiring the secretary of state to record state roads.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Secretary to record state roads. That the secretary of state shall procure at the expense of the state, suitable books in which he shall record all the territorial and state roads that may be now on file, or shall hereafter be filed in his office.

SEC. 2. Compensation. For the services aforesaid the secretary of state shall receive twelve and a half cents per hundred words, and such reasonable compensation for the plats and diagrams as the auditor of state shall

allow: provided, that roads that have been vacated by law shall not be recorded.

SEC. 3. Auditor to allow accounts. The auditor shall audit and allow the accounts of the secretary of state for such services from time to time as the same shall be performed.

Approved Jan. 15, 1849.

[131] CHAPTER 103.

COUNTY OF DUBUQUE.

A SPECIAL ACT for the benefit of the county of Dubuque.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. County commissioners to cause a map of mineral lands to be made out. That for the purpose of assessing the mineral lands in the county of Dubuque, the county commissioners of said county are hereby authorized, and required, to cause a map, or plat, of the mineral lands owned in said county of Dubuque, in less quantities than any legal subdivision, to be made out, and to have designated thereon the name or names of the owners thereof, and the number of acres, or fractions of acres, owned by each, or by two or more owners jointly or severally, and shall number each tract or parcel of said land, beginning with lot No. one, and continuing such enumeration on said plat or map until all the lots are numbered; such plat or map. or a certified copy thereof, shall be filed in the office of the clerk of the board of county commissioners for the use of the board, and for reference, by any person who may be interested therein.

SEC. 2. Clerk to furnish assessor with number of lots. By the first Monday in March in each year, the clerk of the board of county commissioners shall furnish the assessor with the numbers of the lots so plated, together with blank forms for the assessment of the same.

SEC. 3. Assessor to assess according to the value. Said assessor shall assess such lots according to the true value thereof, and shall in all respects comply with the provisions of an act entitled "an act to provide for levying and collecting revenue for state and county purposes," approved, Feb. 25, 1847.

SEC. 4. Repealing section. All acts and parts of acts, that come in conflict with the provisions of this act, be, and the same are hereby repealed.

SEC. 5. Take effect. This act to take effect and be in force from and after its publication in the Miner's Express.

Approved, January 15th, 1849.

Published in Express March 6th, 1849.

[132] CHAPTER 104.

ELECTION OF STATE OFFICERS.

AN ACT in relation to the election of state officers.

Le it enacted by the General Assembly of the State of iowa:

SECTION 1. Time of notice in contested elections extended. That if any candidate for the office of governor, secretary, auditor or treasurer of state, of any member of the board of public works, superintendent of public instruction. or any other state office, shall desire to contest the validity of any election, such candidate shall proceed in the matter of giving notice and taking testimony in the manner prescribed in the 20th section of an act entitled "an act providing for and regulating general elections," approved, Feb. 16th 1843, except that the time for giving notice to the person whose election it is intended to contest is hereby exended to ninety days.

SEC. 2. Depositions, etc. forwarded to supreme judge-supreme judges to hear and determine cases of contested elections. Depositions and all other documents or evidence concerning contested elections for state offices, shall be transmitted to one of the judges of the supreme court who shall notify his fellow judges and the parties of the time and place of hearing, and the said supreme judges or any two of them shall hear and determine the matter upon the principles of equity and justice, and the decision of the said judges of the supreme court whether the same be in favor of one of the parties, or to refer the matter back to the people shall be final and conclusive: provided, that any other legal evidence than that in this section mentioned which either party may offer on the hearing of the case shall be received.

Approved, Jan. 15, 1849.

CHAPTER 105.

ELECTIONS.

AN ACT to preserve the purity of elections.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Qualifications of electors. That no person shall be entitled to vote at any general or township election who is insane or an idiot, or has been convicted of an infa-[133] mous crime, nor unless he is a white male citizen of the United States, of the age of twenty-one years or upwards, and shall have been a resident of the state for six months, and of the county in which he claims his vote, for twenty days next preceding such election SEC. 2. Persons employed on board of boats. Persons employed on board of steamboats or other water crafts, are subject to the same rules, and can only vote in the township which respectively contain their fixed and per manent home.

SEC. 2. [3] Punishment of illegal votes. Any person who shall vote more than once at the same election, or who shall vote at any election, knowing