same to be done, under direction of proper authority, upon the streets and public highways of said city. The council shall supercede the road supervisors in all jurisdiction within the corporate limits of the city, and shall perform all their duties, and shall be required to perform labor upon, and keep in repair the public highways, streets and alleys in said city.

SEC. 43. This act to take effect from and after its publication in the Iowa City Republican and the Iowa Pilot, the expense of publication to be paid by the said city. Approved Jan. 16, 1857.

I certify that the foregoing was published in the Iowa City Republican, March 9th, 1857.

ELIJAH SELLS,

Secretary of State.

Safe.

Expense.

CHAPTER 43.

SAFE.

AN ACT authorizing the school fund commissioner of of Clayton county to procure a safe for his office.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the school fund commissioner of Clayton county is hereby authorized to procure a safe for the use of his office.

SEC. 2. The expense of procuring said safe shall be paid out of the treasury of said county.

SEC. 3. This act shall be in force from and after its publication in the Elkader Tribune and Clayton County Herald, without expense to the State.

Approved January 16, 1857.

CHAPTER 44.

SIOUX CITY.

AN ACT to incorporate Sioux City.

SECTION 1. Be it enacted by the General Assembly of the Boundaries State of Iowa, That the town of Sioux City, in the county of Woodbury, in this State, which town is situated on the following described land, to wit: the south half of section twenty, south half of section twenty-one, fractional sections twenty-eight, twenty-nine and thirty-three, township eighty-nine, range forty-seven, is hereby declared to be a city by the name of Sioux City.

SEC. 2. The said city is made a body corporate, and is Powers. invested with all the powers and attributes of a municipal

corporation.

thority.

SEC. 3. The legislative authority of the city is vested Legislative auin a city council, consisting of a mayor and a board of aldermen composed of three from each ward in the city.

SEC. 4. The said city shall be divided into three wards, Wards. as follows, viz: That portion lying west of Perry creek, shall canstitute the first ward; that portion lying east of Perry creek and in west half of section twenty-eight and south-west quarter of section twenty-one, shall constitute the second ward; that portion lying in east half of section twenty-eight, south-east of section twenty-one, and section thirty-three, shall constitute the third ward: Provided, that the said city council may change, unite or divide the said wards, or any of them, whenever they shall think it for the interest of the city.

SEC. 5. Every white male citizen of the United States, Citizenship. of the age of twenty-one years, who shall have been a resident of the city one month, and of the ward in which he offers his vote, ten days next preceding a city election, is declared a citizen of said city, and is entitled to vote at all elections thereof.

SEC. 6. The elections of the city officers shall be conConducting educted in a manner as similar to that in which the elections lections. are conducted in the townships, as the nature of the case permits.

Challenge.

Eligibility.

Election.

Aldermen.

SEC. 7. A person offering to vote may be challenged as in other elections in the townships, and an oath may be administered to him in like manner, naming the qualifications herein prescribed.

SEC. 8. No person shall be eligible to any elective of fice mentioned in this act, unless he be a legal voter of the city.

SEC. 9. That the qualified electors of said city shall, on the first Monday in August, A. D. 185, and annually on the first Monday in April thereafter, elect a mayor and at the same time nine aldermen, a recorder, assessor, treasurer, and marshal; and the mayor and aldermen so elected, when assembled together and duly organized, shall constitute the the city council, a majority of whom shall be necessary to constitute a quorum for the transaction of business; they shall be elected for the term of one year, and until their successors are elected and qualified; the mayor, recorder, assessor, treasurer and marshal shall be elected by the legal voters of said city.

SEC. 10. Three aldermen shall be elected in each ward Mayor's duty. by the legal voters thereof.

SEC. 11. It shall be the duty of the mayor to see that 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 mayor of a city, and such as may be granted or imposed by the ordinances of the city, consistent Judicial pow- with law.

ers.

Appeals.

SEC. 12. 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 city ordinances, and with criminal jurisdiction of offences against the laws of the State, committed within the city, and with civil jurisdiction limited to the city, in the same manner as that of justices as may be limited to those townships; he shall not be disqualified from acting in such judicial capacity, by any proceedings being in the name or in behalf of the city.

SEC. 13. Appeals to the district court in the same county shall be allowed, from the judgments and decisions of the

mayor, in the same cases, time and manner as may at any time be allowed by law from those of other justices, and they shall be tried as in other cases. He will be entitled to demand and receive the same fees as are at the time allowed to justices of the peace. He shall be the presiding officer of the city council, when present, and shall give the casting vote when there is a tie, and in his absence the council may appoint a president for the time being, from their own body.

SEC. 14. The council shall be the judge of the qualifi- City council. cations and election of its own members; it may determine the rule of its own procedings, 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. 15. The marshal shall be a conservator of the Marshal. peace, and is the 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 and of the criminal laws of the State, may execute the same in any part of the county, and he shall have the same anthority within the city to quell riots and disturbances, to prevent crimes and arrest offenders, that the sheriff has within his county, and may in the same cases and under the same penalties, require the aid of the citizens 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 doingswhen acting officially. For the service of legal process he shall be entitled to the same fees as a constable, and for services required by the council such compensation as it may allow.

SEC. 16. The treasurer, recorder, assessor and marshal Bond,-duties. shall file such bond, perform such duties, and exercise such powers as may be required of them by ordinance not inconsistent with law.

SEC. 17. In all elections for, city officers, the mayor shall issue a proclamation to the voters of the city or of the several wards, as the case may require, naming the time and place for such election, and the officers to be chosen, and

City elections.

Returns.

Ineligible.

Ordinances.

Record.

Qualification.

Fees,

cause a copy to be posted up in each ward at least ten days previous to the day of election; the polls shall be open between the hours of eight and ten o'cleck in the forenoon, and continue open until four o'clock in the afternoon. Within two days after the election, the judges of the election shall make their returns to the president of the city council, who shall examine them at their next meeting, and cause an abstract of the votes to be recorded in a book to be kept for that purpose.

SEC. 18. No member of the city council shall be eligible to any office within the gift of the council during the term for which he was elected, nor shall he be interested directly or indirectly, in the profits of any contract or job of work, or services to be performed for the city.

SEC. 19. Ordinances passed by the city council shall be signed by the mayor and attested by the recorder, and before they take effect, be published in one or more newspapers printed in the city, at least ten days, and if there be no such newspaper, they shall be posted up in each ward the same length of time; they shall also be recorded in a book to be kept for that purpose, and signed by the mayor and attested by the recorder.

Snc. 20. It is the duty of the recorder to keep a true record of all the official proceedings of the city council, and such records shall at all times be open to the inspection of any citizen.

SEC. 21. The mayor, aldermen, marshal, treasurer, recorder and assessor, shall take an oath to support the constitution of the United States and of the State of Iowa, and faithfully and impartially to perform their duty to the best of their knowledge and ability. Other officers shall qualify in such manner as may be prescribed by the council. The oath of office may be administered by the mayor or recorder, when he is qualified, and in the transaction of the business of the corporation, those officers and the president for the time being, may administer oaths which shall have the same effect as if administered by other officers authorized thereto.

SEC. 22. The recorder, marshal and assessor, shall receive such fees as the city council shall deem right, not exceed