himself not qualified thus to vote, shall, upon conviction, be fined not less than one hundred nor more than one thousand dollars, and be imprisoned in the county jail not less than one month, nor more than six months.

SEC. 4. Persons advising illegal voting to be punished. Any person who shall advise, assist, or induce another to vote twice at the same election, or to give his vote knowing him not entitled to do so, shall receive the same punishment as above provided for the principal offender.

SEC. 5. Person guilty of bribery or deception-how punished. Any person who by bribery shall attempt to influence any elector in giving his vote. or who shall use any threat, to compel such elector to vote contrary to his inclination, or to deter him from giving his vote, or who shall furnish an elector who cannot read, with a ticket informing him that it contains a name or names different from those which are written or printed thereon, with an intent to induce him to vote contrary to his inclination, or who shall fraudulently or deceitfully change the ballot of any elector by which he shall be caused to vote for a person different from the one intended by such elector, shall, on conviction thereof, be punished in the same manner as is above provided for persons who vote twice at the same election.

SEC. 6. Judges not to mark ballots. Any judge of election who shall mark the ballot of an elector for the purpose of ascertaining for whom the elector voted, or open and read the ballot of any elector after it has been given in, and before it shall have been deposited in the ballot box, shall, on conviction thereof, be fined not less than one hundred, nor more than one thousand dollars.

SEC. 7. Oath as to right to vote. Except in the cases hereinafter provided, if any person offering to vote is challenged as unqualified, one of the judges of the election shall tender to him the following oath or affirmation: "You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your qualifictions as an elector at this election.

SEC. 8. Such person may then be interrogated by either of the judges of the election or by any elector, touching his qualifications.

SEC. 9. Judges the right to interrogate. If, after such examination, the challenge be not withdrawn, [134] one of the judges of election shall tender to the elector the following oath: You do solemnly swear (or affirm) that you are a citizen of the United States, of the age of twenty-one years, that you have been an inhabitant of this state for six months next preceding this election, and that you have been for the last twenty days a resident of this county, that you are now an actual resident of this township, and that you have not voted at this election.

SEC. 10. Persons refusing the cath vote to be rejected. If any person shall refuse to take the oath or affirmation so tendered, his vote shall be rejected.

SEC. 11. Additional words to oath of persons suspected of infamous crime. If the vote be challenged on the ground that the person offering to vote has been convicted of an infamous crime, he may be sworn and examined as above provided for, and to the final oath above prescribed in section nine, the following words shall be added, "and that you have never been convicted of an infamous crime:" provided, that a conviction for political offences under the laws of foreign states shall not be deemed a conviction within the meaning of this act.

Whenever any per

SEC. 12. Clerk to note the names of persons sworn. son's vote shall be received after he shall have taken the oath above pre

scribed in section nine, the clerks of the election shall write on the poll books at the end of such person's name the word "sworn.

SEC. 13. Judges to advise persons relative to voting. If, after a person shall be sworn and examined as above provided, the judges of election shall believe him not qualified to vote, they shall so advise him, but if after such advice he shall still determine to vote, and will take the final oath as provided in this act, his vote shall be received.

SEC. 14. False swearing to be deemed perjury. Wilful and corrupt false swearing, in taking either of the oaths above prescribed shall be perjury.

SEC. 15. Persons fraudulently putting tickets in ballot box to be punished. Any person who, before or after the proclamation is made for opening the polls, shall fraudulently put a ticket or ballot into the box, shall be punished in the same manner as is above provided for voting twice at the same election. SEC. 16. Judges to decide for whom mis-spelled votes are given. That at all elections, when the names of the respective candidates are mis-spelled either by votes or otherwise, the judges of election shall have power, and it is hereby made their duty, to decide for whom the vote is given: provided. said names have the same sound.

SEC. 17. Judge wilful violating his duty to be fined. Any judge of election who shall wilfully and corruptly violate his duty as herein before prescribed, shall be fined not less than one hundred, nor more than one thousand dollars, and shall be imprisoned in the county jail, not less than one month nor more than six months.

SEC. 18. Prosecution to be by indictment. All prosecutions under this act shall be by indictment in the district court of the proper county.

[135] SEC. 17. [19] Repealing section. This act is only intended to repeal such provisions of former statutes as are inconsistent with those herein contained.

SEC. 20. Take effect. This act shall be in force from and after the first day of July next.

Approved, January 15, 1849.

CHAPTER 106.

PRACTICE.

AN ACT to amend an act, entitled "an act regulating practice in the district courts in the territory of Iowa," approved Feb. 10, 1843.

Pit enacted by the General Assembly of the State of Iowa:

SECTION 1. Judge of district court to instruct in writing. That hereafter no judge of the district court shall instruct the petit jury in any case, civil or criminal, unless such instructions are reduce to writing.

SEC. 2. Judge not to qualify or modify. And when instructions are asked by either party which the judge cannot give, he shall write on the margin thereof the word "refused;" and such as he approves, he shall write on the margin thereof the word "given;" and he shall in no case, before or after instructions are given, orally qualify, modify, or in any manner explain the same to the jury.

SEC. 3. And such instructions, so given, shall be taken by the jury in their retirement, and returned by them with their verdict into court.

SEC. 4. Instructions to be a bill of exceptions. The instructions so given, or refused, shall be taken as a bill of exceptions, upon which the plaintiff in error, or appellant, shall assign errors, under the rules that assignments of errors are made under the laws now in force on this subject.

SEC. 5. In all chancery cases tried in any of the district courts of this state, where any question of fact is submitted to a jury, the same manner of instructing the jury shall be followed as is above provided for, and an appeal shall be taken as is now provided for, taking the written instructions so given as a bill of exceptions.

SEC. 6. This act to take effect from and after its publication in the Capital Reporter and Iowa Republican.

Approved January 15, 1849.

Published in Republican Jan. 24th, and Reporter Jan. 31st.

[136] CHAPTER 107.

SCOTT COUNTY.

AN ACT to repeal the township organization in Scott county.

SECTION 1. Former acts repealed so far as relates to Scott county-proviso. That the several laws now in force authorizing the board of commissioners of the counties in this state to organize counties into townships be and the same are hereby, repealed, so far as the same are applicable to the county of Scott: provided, that at the next April election the legal voters of said county of Scott shall determine, by a vote of the county, whether they will repeal the organization of their townships or not.

SEC. 2. Poll to be opened-return of election to be made to clerk-township organization to become void--offices become vacant. At the said April election a poll shall be opened, at which those in favor of doing away with said organization shall vote no organization, and those in favor of the present organization shall vote organization. The returns of said election shall be made to the clerk of the board of commissioners of said county, who shall take to his assistance a justice of the peace, and canvass said votes; and if it shall appear that there is a majority of the votes cast in the several election districts in said county in favor of repealing the township organization, then and in that said case the said organization shall, from and after the canvassing of said votes and recording the results on the records of said board of commissioners, become void, and the offices created by said organization become vacant: provided, that the boundaries of said township shall remain as the boundaries of election precincts, which are hereby established: and provided further, that any office created, or hereafter to be created, pertaining to the organization of common schools in the counties of this state, the organization of precincts hereby contemplated shall be considered to take the place of townships.

SEC. 3. Commissioners to become vacant. The commissioners of said county of Scott shall, at their first session after the people of said county shall decide to do away with said township organization, appoint three suit

able persons in each precinct in said county, to act as judges of elections in said precincts, and the judges so appointed shall appoint their several clerks.

SEC. 4. Take effect. This act to take effect after its publication in the Davenport Gazette and Democratic Banner, newspapers printed in Davenport, at the expense of Scott county.

Approved, January 15, 1849.

[137] CHAPTER 108.

FORT MADISON.

AN ACT to amend an act concerning the incorporation of the town of Fort Madison, approved January 25, 1848.

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

SECTION 1. Mayor to issue summon. That the mayor of the town of Fort Madison is authorized to issue a summons if he may think proper, in any case of a breach of the town ordinance, and to issue subpoenas for witnesses: he shall also have the same power in all matters of contempt as justices of the peace have, the mayor, marshal, and prosecuting attorney, shall be allowed the same fees as justices of the peace, constables, and prosecuting attorneys for the counties are allowed for similar services, to be taxed in no case when the mayor and aldermen are plaintiffs against the corporation. Approved, January 15, 1849.

CHAPTER 109.

APPANOOSE COUNTY.

AN ACT for the relief of Appanoose county.

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

SECTION 1. Duty of board of commissioners of Appanoose county. That the board of county commissioners of Appanoose county are hereby authorized to make out and certify the amount of costs and expenses in the case wherein the State of Iowa was plaintiff and John Gheen defendant, in an indictment for murder, determined at Centreville, Appanoose county, at the spring term of district court in and for said county, A. D. 1848.

SEC. 2. Treasurer of state. That the treasurer of this state shall, upon the presentation of a regular certified copy of said amount of costs, by the board of commissioners or their attorney, pay the same out of any money not otherwise appropriated to said commissioners or their attorney.

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

Approved, Jan. 15. 1849.

[138] CHAPTER 110.

EXECUTIONS.

AN ACT requiring all notices of sales by order of courts of record to be advertised in some newspaper.

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

SECTION 1. Real estate sold by order of court to be advertised in newspapers. That all sales of real estate made in pursuance of any judgment, decree, or decision of a court of record, shall be advertised by the sheriff or other officer authorized by law to offer the same for sale, in some newspaper published in the county where the said real estate is situated, if there be one, if not, the same shall be advertised in the manner now required by law.

SEC. 2. To be advertised not less than three times. Such advertisement shall be made at least three times in a weekly, and not less than three times in a semi-weekly newspaper, if one is published in the county: provided, that the last publication shall in all cases be made two weeks previous to the time of sale.

SEC. 3. Advertisement to describe property. The advertisement shall briefly set forth a description of the property intended to be sold, the authority by which the said property is offered for sale, and such other matters as the court ordering sale may deem proper to direct.

SEC. 4. To post up written notices. And be it further enacted, that three written or printed notices be posted up in the town or township in which the estate to be sold is situated, at least three weeks previous to the time of sale.

SEC. 5. Fees how paid. The fees for advertising shall be paid out of the proceeds of the sale of the property advertised: provided, that the officers or individuals offering the said property for sale, shall be allowed such fees only as they are now allowed by law.

SEC. 6. Take effect. This act shall take effect and be in force from and after its publication in the Iowa City newspapers, and the secretary of state is hereby authorized and required to have this act published immediately after its passage.

Approved, Jan. 15, 1848.

Published in the Republican, Jan. 24th, and Reporter, Jan. 31st, 1849.

[139] CHAPTER 111.

ALLEMAKEE.

AN ACT to organize the county of Allemakee.

Best epacted by the General Assembly of the State of Iowa:

SECTION 1. Allemakee organized. That the county of Allemakee be, and it is hereby organized, from and after the first day of March next, and the