CHAPTER 54.

AVON.

AN ACT to change the name of Frink's Grove to Avon.

ed.

SECTION 1. Be it enacted by the General Assembly of the Name chang State of Iowa, That the name of Frink's Grove, in Buchanan county, be, and the same is hereby changed, to Avon.

SEC. 2. This act to take effect on and after its publication.

Approved Jan. 21, 1857.

CHAPTER 55.

LYONS.

AN ACT to amend the Charter of Lyons City.

taxes.

SECTION 1. Be it enacted by the General Assembly of the Road and poll State of Iowa, That from and after the passage of this act, it shall not be lawful for the county authorities of Clinton county to levy a road tax on any property, or a road poll tax on residents in Lyons City, and the city council of said city is hereby authorized to levy and collect annually a road tax not exceeding three mills on the dollar on all property, liable to road tax in said city, and a road poll tax not exceeding three dollars for each resident under the age of fifty years and over the age of twenty-one years, the collection and payment of said taxes to be made or enforced in the same manner as other taxes in said city.

SEC. 2. When a vacancy or vacancies occur in any of Vacancies. the elective offices of said city, the city council shall order a special election for the purpose of filling such vacancy; said election to be conducted as nearly as practicable in the same manner as now provided by law.

SEC. 3. All provisions in the original charter of said Repeal. city coming in conflict with the provisions of this act is hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its publication in the Lyons Mirror and Lyons City Advocate without expense to the State.

Approved Jan. 21, 1857.

I hereby certify that the foregoing act was published in the Lyons Mirror Feb. 12, 1857. ELIJAH SELLS,

Sec'y of State.

Time of holding courts.

Worth county.

Cases transferred.

CHAPTER 56.

TENTH JUDICIAL DISTRICT.

AN ACT amending an act fixing the boundaries of the tenth judicial district of the
State of Iowa, and the times of holding courts therein, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section four of chapter one hundred and eleven of the acts of the Fifth General Assembly, is hereby amended so as to read as follows: Section 4, the time of holding said courts shall be as follows: in the county of Clayton on the third Monday of January, May and September, in the county of Fayette on the first Monday after the third Monday in May and September, in the county of Chickasaw on the second Monday after the third Monday in May and September, in the county of Floyd on the third Monday after the third Monday in May and September, in the county of Cerro Gordo on the fourth Monday after the third Monday in May and September, and in Mitchell county on the fifth Monday after the third Monday in May and September, in the county of Howard on the sixth Monday after the third Monday in May and September, in the county of Winneshiek on the seventh Monday after the third Monday in May and September, and in the county of Allemakee on the eighth Monday after the third Monday in May and September.

SEC. 2. Section five of said act is hereby repealed, and the county of Worth shall be attached to Mitchell county for judicial purposes.

SEC. 3. All actions, suits, writs and processes already commenced in the district court of Floyd county, originating from counties attached to said county of Floyd for judicial purposes, shall be transferred to the district court of

the respective counties from which they originated, and it shall be the duty of the clerk of the district court of Floyd county to transfer all the pleadings and papers pertaining to all such suits to the clerk of the district court of the proper county, by the first day of April next.

SEC. 4. This act to be in force from and after its publication in the Iowa City Republican and Elkader Tribune. Approved Jan. 21st, 1857.

I certify that the foregoing act was published in the Iowa City Republican, Feb. 10, 1857.

ELIJAH SELLS,

Secretary of State.

CHAPTER 57.

ADDITIONAL JUSTICE OF THE PEACE.

AN ACT to authorize an additional Justice of the Peace in the township of New
Vienna, in Dubuque county.

SECTION 1. Be it enacted by the General Assembly of the Election.
State of Iowa, That the qualified electors of the township
of New Vienna, in the county of Dubuque, be and they are
hereby authorized to elect an additional justice of the peace
in said township, at the next spring election, and thereafter
to have three instead of two justices in said township.

SEC. 2. This act to be in force from and after its publication in the North West and Tribune newspapers, published in the city of Dubuque, provided said publication shall not be at the expense of the State.

Approved Jan. 21, 1857.

I hereby certify that the foregoing act was published in the Dubuque Tribune Feb. 10, 1857.

ELIJAH SELLS,

Sec'y of State.

CHAPTER 58.

BLOOMFIELD.

AN ACT vacating certain alleys in the town of Bloomfield, Iowa.

SECTION 1. Be it enacted by the General Assembly of the Alleys vacat'd. State of Iowa, That all alleys in block No. six (6) in the

town of Bloomfield, Davis county, Iowa, are hereby vacated.

SEC. 2. This act to be in force from after its publication according to law.

Approved Jan. 21st, 1857.

Depositions.

Affidavit.

Notice-affida

vit.

Copy.

Proviso.

Duty of clerk.

CHAPTER 59.

DEPOSITIONS.

AN ACT to provide for taking of depositions in cases of non-resident defendants.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in all cases pending in any of the district courts of this State, wherein service has been made upon defendants by publication according to the provisions of law, the plaintiff may take depositions of witnesses residing out of the county in which said case is pending, in the following manner.

SEC. 2. Having filed affidavit that he has made dilligent enquiries respecting the residence of the said defendants, and cannot ascertain the same, he shall serve upon the clerk of the district court wherein such suit is pending, a notice notifying him that on a day named (which day shall not be less than ten days from the day upon which such notice is served,) he will proceed to sue out of his office a commission to take the depositions of the witnesses, naming them and their place of residence, and the officers before whom taken.

SEC. 3. A copy of the interrogatories to be propounded to said witness, shall accompany said notice: Provided, that when the plaintiff desires to take the deposition of any witness residing in the State of Iowa, he may do so without sucing out any commission, or filing with the clerk any written interrogatories, but shall be required to give a notice to the clerk, as is herein before provided.

SEC. 4. On the day named, the clerk shall proceed to issue the commission, and the provisions and rules with refer

ence to the taking of depositions now in force, so far as the same are applicable, shall govern in the taking of depositions such as are contemplated in this chapter.

SEC. 5. This act to be in force from and after its publication according to law. Approved Jan. 21st, 1857.

9

CHAPTER 60.

SCHOOL DISTRICT.

AN ACT for the division of the property of School District No. 3, of Bloomfield township, Davis county, Iowa.

ers.

SECTION 1. Be it enacted by the General Assembly of the CommissionState of Iowa, That Stephen Greenleaf, R. T. Peak, S. W. McAtee, and William Rhodes, be appointed commissioners for the purpose of disposing of the property of the school district, formerly known as school district No. 3, of Bloomfield township, Davis county, Iowa, either by sale or distribution, to the parties entitled to the same, to wit: the new district formed out of said district No. 3, in such manner as to them may seem just and equitable.

SEC. 2. And be it further enacted, That said R. T. Peak Conveyances. be authorized to make out conveyances, and to receive any money arising from sale of said property, should said commissioners order the same to be sold, said commissioners shall file a report of their doings in the recorder's office of Davis county, which shall be recorded, and said R. T. Peak is authorized to do any and all acts necessary to be performed in order to carry out the interest of such report when so filed.

SEC. 3. This act to take effect from and after its publication in the Iowa Flag and Keosauqua Republican without expense to the State.

Approved Jan. 21, 1857.