CHAPTER 87. Commission'rs Meeting of the com'rs. Compensation. Proviso. Expense. STATE ROAD. AN ACT to locate a State road from Clayton City, in Clayton county, to the Des SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Isaac Templeton and Charles Hoyt, of Fayette county, and O. W. Clary, of Clayton county, be, and they are hereby appointed Commissioners to locate and establish a State road from Clayton City, in Clayton county, via Garnavillo and Elkader, in said county, to Lima, in Fayette county; thence via Fayette, Westfield and Wilson's Grove, to some point near the centre of Bremer county; thence to Clarksville, in Butler county; thence to Thorp's Grove, near the residence of J. D. Leland, in Franklin county; thence to Franklin Grove, in Wright county; thence west to a point near the residence of Dr. Williams, in Kossuth county, on the Des Moines river. SEC. 2. That the Commissioners herein appointed to locate and establish said road, or a majority of them, shall meet on the third Tuesday in May, 1857, or within four months thereafter, at the first point named on said road or at some other point if agreed upon, and taking to their assistance a competent surveyor, the necessary chainmen and markers, and after having been qualified, shall proceed to the discharge of their duties according to law. SEC. 3. Said commissioners shall have two dollars per day, and the surveyor that may be employed by said commissioners to survey and plat the said road provided for in the foregoing bill, shall be allowed three dollars per day, and all other necessary assistance one dollar and fifty cents per day: Provided, that in case any of said commissioners shall act as surveyor in laying out said road, he shall be entitled to receive for hisservices three dollars per day, and nothing more. SEC. 4. And be it further enacted, That the expense of locating and establishing said road shall be paid by the ser eral counties in which said road shall be located, in proportion to the time required in each, for said location. SEC. 5. This act shall be in force from and after its publication according to law. Approved January 23d, 1857. CHAPTER 88. STATE ROAD. AN ACT to authorize the re-survey of a certain road in Keokuk county, Iowa. SECTION 1. Be it enacted by the General Assembly of the Re-survey. State of Iowa, That the county judge of Keokuk county, be, and is hereby authorized to procure the re-survey of all that part of the State road leading from Iowa City to Oskaloosa, via Sigourney, within the limits of said Keokuk county. SEC. 2. That the county judge of said county of Keokuk Surveyor. is hereby empowered to employ a competent surveyor, with the necessary assistants, to survey and plat the said roal upon the same route as now open, and that said survey be made a part of the road record of Keokuk county. SEC. 3. This act to be in force and take effect from and after its passage: Provided, said re-survey and the publication of the bill shall be no expense to the State. Approved January 23, 1857. Legalizing. Duty of county judge. CHAPTER 89. STATE ROAD. AN ACT legalizing a certain state road therein named. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the establishment of the state road running from Bloomfield, Davis county, Iowa, via Albia, in Monroe county, Knoxville, in Marion county, Indianola, in Warren county, to Wintersett, in Madison county, Iowa, is hereby declared legal and valid. SEC. 2. That it is hereby made the duty of the count y judge of Davis county, Iowa, to notify within thirty days from the day this law goes into effect, the various supervisors having jurisdiction along the route of said road, within the limits of the county of Davis, to open said road. SEC. 3. This act to be in force from and after its publica. tion in the Democratic Standard, Marion county, Iowa, and Iowa Flag, Bloomfield, Davis county, Iowa, and Albia Independent Press, without expense to the State. Approved January 23d, 1857. I certify the foregoing act was published in the Democratic Standard, Feb. 18, 1857. ELIJAH SELLS, Sec'y of State. Boundaries. CHAPTER 90. CITY OF DAVENPORT. AN ACT to amend an act entitled an act to incorporate the city of Davenport, and amend the several acts amendatory thereto. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all that district of country embraced within the following boundaries be, and the same is hereby declared to be within the limits of the said city of Davenport, to wit: Beginning in the middle of the main channel of the Mississippi river, due south of the central or half section line of section number thirty, in township seventyeight, north of range four east, thence north along said central line to the line between sections nineteen and thirty, thence west along said section line and the southern boundary line of section twenty-four in township seventy-eight, north of range three east, to a point due north of the northeast corner of the tract of land reserved by the govern. ment of the United States, and donated to Antoine Le Claire, and known as Le Claire's reserve, in said township seventy-eight, north range three east, thence north to the east and west central or half section line of section twenty-four in said last mentioned township, thence west on said central or half section line to the north-west corner of the south west quarter of section twenty-three, thence south to a point half way between said corner and the south-east corner of section twenty-two, thence west to the western boundary line of said south east quarter of section twenty-two, thence south to the county road known as the telegraph road, thence westerly along the north side of said road to the section line between sections twenty-seven and twenty-eight, thence south to the south-west corner of the north west quarter of section thirty-four, thence east to the south-cast corner of said quarter section, thence south to the middle of the main 4channel of the Mississippi river, and thence up and along the middle of the main channel thereof to the place of beginning. SEC. 2. The city council shall have power by ordi-Special tax nance to levy and collect a special tax on the owners of lots, on any street, lane, avenue, alley or block, or the side of a block fronting or lying on any alley, or part of any street, lane, avenue or alley, according to their respective fronts owned by them, for the purpose of paving or grading the side walks, grading, paving or macadamizing such streets, lanes, avenues and alleys, or parts thereof, and for lighting the same, on being petitioned so to do by the owners of more than half the property so to be taxed. SEC. 3. In case of the sickness of the mayor or of his absence from the city for a less period than two months, said city council may elect one of the aldermen mayor pro Mayor pro tem. Road tax. Appeals. Powers of council. Notice. tem, who shall possess all the authority and perform all the duties of the oflice of mayor during such such sickness or temporary absence of the mayor. SEC. 4. From and after the passage of this act, it shall not be lawful for the county authorities of Scott county to levy a road tax on any property or a road poll tax on residents in said city; and the said city council is hereby authorized to levy and collect the road tax, if not more than three mills on the dollar, on all property liable to road tax within said city, the collection and payment thereof into the city treasury to be regulated by ordinance of the said city council. SEC. 5. The said city of Davenport shall have the right of appeal to the district court of Scott county from decisions in all cases arising under the provisions of the charter of said city and the amendments thereto or of any ordinance. passed in pursuance thereof. SEC. 6. The city council shall have power to lay out public squares or grounds, streets, alleys, lanes or highways, and to make wharves in the river, and alter, widen, contract, straighten, and discontinue the same. They shall cause all streets, alleys, lanes, highways, or public squares, or grounds laid out by them, to be surveyed, described, and recorded in a book to be kept by the clerk, showing particularly the proposed improvements and the real estate required to be taken therefor, and the same when opened and made shall be public highways. SEC. 7. Whenever any street, alley, lane, highway, or public square, or ground, is laid out, altered, widened, or straightened, by virtue hereof, the city council shall give notice of their intention to appropriate and take the land necessary for the same, to the owner or owners thereof, by publishing said notice for ten days, in some newspaper published in said city, at the expiration of which time, they shall choose by ballot three disinterested freeholders residing in said city as commissioners, to ascertain and assess the damages and recompense the owners of such lands respectively, and at the same time to determine what persons will be benefitted, and assess the damages and expenses thereof on the real estate of persons benefitted, in proportion as nearly as |