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borrowed, which sale, if any is made, shall be for the payment of indebtedness and the construction of said improvement; and the proceeds of said bonds, if any shall be issued in conformity to the above provisions, shall be applied to the prosecution of said improvement, or to the payment of just claims against the same, and any diversion therefrom of said lands or the monies raised by the pledge of the same shall be illegal.

missioners.

SEC. 3. That the commissioners be, and they are hereby Duty of comempowered to enter into contract with any company for the sale of all the lands and the tolls and water rents for a terin of years, who will give satisfactory evidence and security for the entire completion of the improvement.

SEC. 4. That any and all bonds, if there should be any Bonds. issued in pursuance of the provisions of this law, shall be signed by the governor and countersigned by the commiş. sioners and duly registered in the office of the auditor of State, and shall contain a condition that the unsold lands of the Desmoines river grant, and the improvements are alone bound as security for the same, and that the State is in no way responsible other than to faithfully appropriate such lands or the income of the improvement to the liquidation of the same. In case a contract is made with any person or persons, the provisions of the contract shall be such as that the lands donated by Congress for said improvement, and yet remaining unsold, shall be faithfully applied to said work at their actual value, either by being sold in the manner hereinafter provided, or by being taken by the contracting party at a fair valuation: Provided, that any disposition of said lands shall be in strict compliance with the terms and conditions of the act of Congress donating the same.

SEC. 5. That if any lands are sold as above provided for Advertise by said commissioners, it shall be their duty to advertise the same by publication in at least three newspapers in or nearest to the county, wherein said lands are situated, and one newspaper published at Fort Desmoines, at least thirty days before the sale, and said sale shall not be valid unless made at public auction at the county seat of the county in which the same are situated. In case it is necessary, in order to carry out the provisions of this act, to value any of

Salary.

Transfer 'pa

pers.

Register abolished.

Old accounts.

Com, report.

the said lands, the same shall be valued by three persons, who shall be citizens of this State, and who shall be chosen as follows: one by the governor of the State, one by the attorney general, and the third to be the commissioner of said improvement, who shall appraise the required amounts of said lands at their actual cash value, at the time of such valuation, and the said appraisors shall first subscribe an oath. that they will faithfully and impartially perform the said duty.

That the salary of the commissioners shall hereafter be twelve hundred dollars per annum, and the salary of the commissioner herein provided for, shall be the same as the commissioner for the time he shall be actually employed in the business connected with said Improvement.

SEC. 6. That it shall be the duty of the register of the Les Moines River Improvement, as early as practicable, to transfer and deliver over to the register of the State Land Office any and all vouchers, plats, books, and other things belonging to and connected with said register's office.

SEC. 7. That the office of register and the office of assistant commissioners be and the same are hereby abolished, and the register of the State land office be, and hereby is required to do and perform all the duties, heretofore performed by the register of the Des Moines River Improve

ment.

SEC. 8. That said commissioners be and are hereby authorized to settle all accounts of former commissioners and agents of the Des Moines River improvement, and demand and receive from any and all of them all vonchers, books and other things belonging to and connected with said improvement, and the same shall be transferred and kept at the office of the commissioners of said improvement.

SEC. 9. It shall be the duty of the commissioner or commissioners to report semi annually to the Governor a full and true statement of his or their doings, and the progress of the improvement, and all matters of importance connected therewith, and these reports, or a summary of them, shall be by the Governor reported to the Legislature.

SEC. 10. This act shall take effect and be in force from and after its publication in the Iowa City Republican and Capital Reporter.

Approved January 29, 1857.

I certify that the foregoing Act was published in the Iowa City Republican, Feb. 23, 1857, and in the Iowa Capital Reporter.

ELIJAH SELLS,

Sec'y of State.

CHAPTER 223.

STATE OFFICERS.

AN ACT relating to the reports of State officers and printing the same.

SECTION 1. Be it enacted by the General Assembly of the When preState of Iowa, That it shall be the duty of the several pared. State officers to have their reports prepared and placed in the hands of the State printer at least two months before

the assembling [of] the Legislature.

SEC. 2. It shall be the duty of the State printer to have Printer's duty.

one thousand of each the aforesaid reports printed and

laid upon the desks of the members of the General Assem

bly on the first day of the session.

SEC. 3 This act to take eflect from and after its publication according to law.

Approved January 29, 1857.

CHAPTER 224.

STAY ON EXECUTION.

AN ACT to amend chapter 112 of the laws of the fourth session of the General
Assembly.

SECTION 1. Be it enacted by the General Assembly of the Amend. State of Iowa, That section one of chapter 112, of the laws of the 4th General Assembly, be, and the same is hereby so

File in 10 days

amended as to require stays on execution to be taken within ten days from the rendition of judgment.

SEC. 2. No person shall hereafter be entitled to any stay on execution or judgment, who shall fail to comply with the provisions of the act to which this is amendatory, within ten days from the rendition of final judgment, on which stay of execution is proposed to be taken.

Approved Jan. 28, 1857.

Issue bonds.

Recorded.

Sale of bonds.

CHAPTER 225.

RAILROAD BONDS.

AN ACT to authorize the Iowa Southern Railroad Company to issue bonds.

SECTION 1. Be it enacted by the General Assembly of ine State of Iowa, That the Iowa Southern Railroad Company is hereby authorized to issue construction bonds to such an amount as may be necessary to construct and equip fully the same, and provide depots, station houses, water tanks and other necessary buildings; and as security for said bonds, said company are authorized to mortgage or execute a deed of trust upon any and all property, real, personal or mixed, belonging to the company so issuing said bonds and said mortgage or deed of trust, shall be a lien upon any and all property mentioned and described in the same.

SEC. 2. That said mortgage or deed of trust shall be recorded in the office or offices of the county recorder or recorders wherein the property described in said mortgage or deed of trust may be situated, and from the date of filing of the same in the recorder's office shall be notice to all persons of the right of parties under the same.

SEC. 3. That the officers or duly authorized agent or agents of the company issuing any of said bonds as provided in this act, are hereby fully authorized and empowered to sell and dispose of said bonds at such price as they may agree upon, and it shall not be lawful for said company at any time thereafter to plead that said bonds are usurious.

SEO. 4. This act shall be in force from and after its publication in the Fort Madison Plaindealer and Fort Madison Argus newspapers, without cost to the State.

Approved January 29, 1857.

CHAPTER 226.

SALARY OF COUNTY OFFICERS.

AN ACT to amend Sec 211 of Chapter 22 of the Code of Iowa.

SECTION 1. Be it enacted by the General Assembly of the Amendment to State of Iowa, That all of section two hundred and eleven code of chapter twenty-second of the Code of Iowa, after the words "five hundred and fifty dollars," be, and the same is hereby repealed, and that the following shall be substituted for the part of said section thus repealed: when the population amounts to six thousand, the salary shall be increased fifty dollars for each additional thousand inhabitants, until the salary reaches the sum of twelve hundred dollars, which shall be the highest salary paid to any of the officers named in said section.

SEC. 2. That all parts of said chapter 22 conflicting Repeal. herewith, be, and the same is hereby repealed.

SEC. 3. This act to be in force from and after its publi cation in the Iowa City Republican and Capital Reporter. Approved January 29, 1857.

I certify that the foregoing act was published in the Iowa City Republican Feb. 4, 1857,

ELIJAH SELLS,
Secretary of State

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