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Correct assessment.

Powers of marshal.

Taxes-a lien.

Tax sales.

Tax deed.

roads.

SEC. 36. During the thirty days, any person aggrieved by this assessment or taxation, may appear before the council, which may correct the same, if found erroneous.

SEC. 37. The marshal may distrain upon personal property liable to taxation, and sell the same for payment if not paid in reasonable time after demanded, as constables may sell personal property on execution.

SEC. 38. Taxes on real property shall be a lien thereon, and it may be sold therefor when the taxes remain unpaid for six months after publishing, or posting the notice of the

tax.

SEC. 39. Such sale must be at auction, and there must be thirty days notice prior to the sale, given as above provided for notifying the assessment and tax. In such sale he who bids to pay the amount due for the least quantity of land will be the highest bidder; and the manner of ascertaining the portion bid for shall be as in the State revenue law.

SEC. 40. The marshal shall execute and deliver to the purchaser a deed, running in the name of the State, which shall have the same force and effect as the deed of the treasurer of the county, in like circumstances, on sales for county and state taxes.

In relation to SEC. 41. The council have the control of the streets and alleys and public grounds of Glenwood City, and may cause sidewalks to be paved in the same, and to this end it may require the owners of lots to pave or repair the same contiguous to their respective lots, and in case of neglect after reasonable time named in the order, the same may be done by the city, and the expense of the same assessed on contiguous lots, which shall have the effect of a tax levied thereon, and the same may be sold therefor, as for a tax, subject to the same right of redemption. All road tax which may hereaf ter be paid upon any property in Glenwood City, in lieu of labor, shall be paid to the proper authorities of said city for the improvement of the streets thereof; any person being a resident of said city, subject by the laws of this State to do work on roads and highways, shall be required to do and perform, or cause the same to be done, under the direction of the proper authorities, upon the streets of said city or public roads and highways leading thereto, as said authorities may

direct. The city council shall supercede the road supervisors in all jurisdiction within the corporate limits, and perform all of their duties.

school funds.

SEC. 42. The city council is hereby invested with full Schools and control and authority over the common schools in said city, and shall receive and disburse all the school tax levied upon property within said city, or received from the school fund for distribution therein, within the limits of said city.

SEC. 43. The council are authorized to borrow money for Borrow money any object in its discretion, if at a regular notified meeting under notice stating distinctly the nature and object of the loan and the amount thereof as nearly as practicable, the voters of the city determine in favor of the loan by a majority vote of two-thirds of all the votes given at the election, and said loan can in no case be diverted from the specified object.

Approved Jan. 17, 1857.

CHAPTER 42.

CITY OF WINTERSETT.

AN ACT to incorporate the city of Wintersett, in Madison county, Iowa.

SECTION 1. Be it enacted by the General Assembly of the Boundaries. State of Iowa, That the south-east quarter and the south half of the north-east quarter of section 36 in township 76, north of range 28 west, and the south-west quarter and the south half of the north-west quarter of section 31, in township 76 north of range 27 west; also the north half of the north-west quarter of section 6, township 75, north of range 27; also the north half of the north-east quarter of section 1, in township 75 north of range 28 west, all in the county of Madison, and State of Iowa, be, and the same, together with the inhabitants thereof, is hereby constituted a city and body politic by the name of Wintersett, and by that name shall have power to sue and be sued, plead and be impleaded, contract and be contracted with, acquire, hold

Legislative.

Ward boundaries.

Qualification of electors.

Election.

Challenge vote

Eligible-office

Time of elect'n

and enjoy whatever real, person al or mixed property, may be necessary, proper and convenient to carry out the object of the corporation, sell and convey the same, and shall otherwise possess and enjoy all the powers and attributes, and be subject to all the liabilities of a municipal corporation.

SEC. 2. The legislative authority of the city is vested in a city council, consisting of a mayor and board of aldermen, composed of three from each ward of the city, and the mayor shall be the presiding officer thereof.

SEC. 3. The said city shall be divided into two wards, as follows, to wit: The first ward shall consist of all that part of said city lying south of Court-Avenue Street, the second ward shall consist of all that part of said city lying north of Court-Avenue Street: Provided, the said city council may unite, divide or change the said wards, or any of them, whenever they shall deem the interest of the city requires it.

SEC. 4. Every white male citizen of the United States, over the age of twenty-one years, and who shall have been a resident of the State six months, and of the city twenty days prior to the day of the city election at which he offers to vote, shall be entitled to vote at all the elections thereof.

SEC. 5. City elections for all purposes, shall be conducted in a similar manner to that of township elections, except that three aldermen shall act as judges of city elections, and the city recorder shall act as clerk of said elections.

SEC. 6. Any person offering to vote may be challenged as in other elections in the township, and an oath may be administered to him in like manner, naming the qualification herein prescribed.

SEC. 7. No person shall be eligible to any elective office mentioned in this act unless he be a legal voter of the city, at the time of his election.

SEC. 8. That the qualified electors of said city shall, on the second Monday of April, A. D., 1857, and annually on the same day thereafter, elect a mayor, three aldermen from erch ward, an assessor, a recorder, a treasurer and marshal; who shall hold their offices respectively for one year, and until their successors are elected and qualified: and

the mayor and aldermen so elected, when assembled together and duly organized, shall constitute the city council, a majority of whom shall be necessary to constitute a quorum for the transaction of business. The mayor, recorder, assessor, and marshal shall be elected by the legal voters of the said city. Three aldermen in each ward shall be elected by the legal voters of said ward respectively.

SEC. 9. The said election on the second Monday of Election. April, A. D., 1857, shall be conducted in the same manner as township elections.

SEC. 10. It shall be the duty of the mayor to see that Mayor's duties the laws and ordinances of the city are executed, and their violation punished, to superintend and direct the official conduct of the subordinate officers, to sign and seal all commissions, licenses and permits granted by the city council, and to perform such duties and exercise such powers as pertain to the office of a mayor of a city, and such as may be granted or imposed by the ordinances of the city council, consistent with law.

SEC. 11. He shall be a conservator of the peace within the city, and ex-officio a justice of the peace, and is invested with exclusive original jurisdiction for the violation of the ordinances of the city, and with criminal jurisdiction of offences against the laws of the State, committed within the city, and with civil jurisdiction limited to the city, co-extensive with the jurisdiction of justices of the peace in civil cases. He shall not be disqualified from acting in such judial capacity, by any proceeding being in the name of, or on behalf of the city: Provided, that in case of the inability of the mayor of said city to act as a justice or conservative of the peace, or to perform the judicial duties of his office, whether such inability arises from sickness, absence from home, or from any other cause whatever, any justice of the peace of Center township, Madison county, Iowa, may take cognizance and jurisdiction of cases arising under any of the laws or ordinances of said city, such inability being entered of record by the justice acting in such cases.

Jurisdiction.

SEC. 12. Appeals to the district court in the same county, Appeals. shall be allowed from the judgments and decisions of the

Judge of election, etc.

Marshal's du

mayor, in all cases, time and manner, as may at any time be allowed by law, from those of other justices, and they shall be tried in the same manner as other appeals. He will be entitled to demand and receive the same fees as are at the time allowed by law to justices of the peace.

SEC. 13. The council shall be the judge of the qualifications and election of its own members, it may determine the rules of its own proceedings, and shall keep a record thereof, which shall be open to the inspection of every citizen, and may compel the attendance of its members, in such manner, and by such penalties as it may adopt.

SEC. 14. The marshal shall be a conservator of the peace, ties & powers. and is executive officer of the mayor's court, and shall execute and return all process directed to him by the mayor; and in cases for the violation of the city ordinances may execute the same in any part of the county; and he shall have the same authority within the city to quell riots and disturbances, to prevent crimes and to arrest offenders, that the sheriff has within his county, and may in similar cases and under the same penalties, require the aid of the citi zens, and perform all duties imposed by the council. He may, with the approval of the council, appoint one or more deputies, and discharge them, and he shall be responsible for their doings when acting officially. For the servi ces of legal process, he shall be entitled to the same fees as constables are for similar services, and for services rendered by direction of the council, such compensation as it may allow.

Bond.

Manner of elect ing.

SEC. 15. The treasurer, recorder, assessor and marshal, shall give such bond, perform such duties, and exercise such powers as may be required of them by ordinances not inconsistent with law.

SEC. 16. In all city elections for city officers, except the first election, the mayor shall issue a proclamation to the voters of the city, or of the several wards, as the case may be, naming the time for election, and the officers to be chos en, and cause a copy to be posted up in each ward at least ten days previous to the day of election. The polls shall be opened between the hours of eight and ten o'clock in the

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