Forfeiture of office and fine for non-perfor mance of this duty. that shall come to their knowledge he shall be This act to take effect from and after its passage. the Half Breed Lands. HALF BREED TRACT. AN ACT to provide for the collection of Taxes off the Half Breed Lands, in SEC. 1. Be it enacted by the Council and House of County com. to Representatives of the Territory of Iowa, That it shall furnish assess be the duty of the board of county commissioners, ment book of, for the county of Lee, at their April term, to make, or cause to be made, a complete assessment book of the Half Breed Lands in said county, and furnish the assessor with the same, whose duty it shall be to assess and enter the same in his assessment book, by quarter sections, lots, or parcels, as the same may be claimed. Duties of the assessor. Clerk to make and deliver same to sheriff. SEC. 2. That it shall be the duty of the assessor to take down the names of all persons who are residing on, or claiming, any portion of said land, together with the numbers, and particular share, or shares, or parts of shares, as the claimants or owners may give in, and make an entry of the same in his assessment book, noting as near as may be the number of acres claimed, and the amount of tax required to be paid on the same, and make a return of his doings to the clerk of the board of county commissioners of said county. SEC. 3. That it shall be the duty of said clerk, list of lands, forthwith, on the receipt of the same, to make out a complete list of all the lands that have been given in, and also a list of all that have not been claimed or given in to the assessor, and give the said lists to the sheriff of said county, for the collection of the taxes on the same. Authority to sheriff to sell lands not claimed, &c. SEC. 4. That the said sheriff shall proceed to collect the taxes so assessed and unpaid; and if it shall appear that any of said lands have not been claimed and given in to the assessor, the said sheriff shall proceed to sell the same by quarter sections, or fractional quarter sections, agreeably to law in such cases made and provided, or so much thereof as may be necessary to satisfy the taxes, and costs of the same. APPROVED, January 24, 1839. HALF BREED TRACT. AN ACT to repeal an act of the Wisconsin Legislature, entitled "An Act for the partition of the Half Breed Lands, and for other purposes," and an act supplementary thereto, approved June 22, 1338. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That an act, Acts repealed. entitled "An Act for the partition of the Half Breed Lands, and for other purposes," and An Act supplementary thereto, approved June 22, 1838, be, and the same are hereby repealed. in dist. court. SEC. 2. That the several commissioners, appointed Suits may be by and under that act to sit and take testimony, may brought immediately, or as soon as convenient, commence against owners actions, before the district court of Lee county, for their several accounts against the owners of the said "Half Breed Lands," and give eight weeks notice, in Notice to be the Iowa Territorial Gazette, to said owners of such given. suits; and the judge of said district court, upon the trial of said suits before it, at its next term, shall, if said accounts are deemed correct, order judgment for the amounts, and costs, to be entered up against said owners, and said judgment shall be a lien on Judgment to said lands, and a right of redemption thereto. Said bear interest. judgment, when entered, shall draw interest at the rate of twelve per cent. per annum. SEC. 3. The words, "Owners of the Half Breed Designation of Lands, lying in Lee county," shall be a sufficient defendants. designation and specification of the defendants in said suits. SEC. 4 All the expenses, necessarily incurred by Expenses to be said commissioners in the discharge of their duties included in under the above named acts, shall be included in their accounts. the accounts. SEC. 5. The trial of said suit, or suits, shall be Trial before before the court, and not a jury; and this act shall the court. receive a liberal construction, such as will carry out the spirit and intention thereof. APPROVED, January 25, 1839. Act to be liberally construed. Stud horses running at large may be taken up. HORSES. AN ACT for the improvement of the breed of Horses. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That it shall and may be lawful for any person to take up and geld, at the risk of the owner, any stud horse, of the age of two years and upwards, that may be found. running at large, out of the enclosed grounds of the Gelded horses Owner or keeper; and if the said horse shall die, the owner shall have no recourse against the person or persons who shall have taken up and gelded, or caused to be gelded, the said horse, if the same has been done by a person professing his knowledge as a gelder, and the owner shall pay the price of so paid by owner. gelding. dying. Charge to be ed to owners or keepers. Covering horsSEC. 2. It shall not be lawful for any person or es may be taken persons to geld any horse above fourteen and a half up and convey hands high, that is known to be kept for covering mares; but if any owner or keeper of the covering horse shall wilfully and negligently suffer said horse to run at large, out of the enclosed grounds of the owner or keeper, any person may take up said horse and convey him to his owner or keeper, for which he shall receive two dollars, recoverable before any justice of the peace of the county; for a second offence, double the sum; and for a third offence, said horse may be taken up and gelded, as provided in the preceding section of this act. All reasonable SEC. 3. It shall be the duty of any person, who care to be used. shall take up and geld any stud horse according to the provisions of the preceding sections, to take all reasonable care of said horse until his wounds shall Compensation be healed, and the taker up shall receive from the to the taker up. Owner a reasonable compensation for the care and trouble he may have about the said horse. Such allowance shall be settled by some justice of the peace, who shall take into consideration the trouble and expense of the taker up, if the parties cannot Lien upon the otherwise agree. And the party, so taking up and altering, shall have a lien, until paid, upon said horse for his necessary trouble and attention in altering and taking care of him. horse. APPROVED. January 17, 1839. INCORPORATIONS. AN ACT to provide for the incorporation of Agricultural Societies. be formed. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That here- Agricultural after, when any twenty or more citizens of any county Societies may shall see proper to meet, at their county seat, in conformity to this act, it shall be lawful for them to organize themselves and become an agricultural society, with corporate and politic powers, as hereinafter provided by this act. SEC. 2. Public notice shall be given, by advertise- Notice of meetments signed by at least three citizens of the county, ing. and put up at three public places in said county, three weeks previous to said meeting, or published three weeks in a newspaper printed in the county, of the intended meetings, setting forth that the object thereof is the formation of an agricultural society under the provisions of this act. SEC. 3. When twenty or more citizens of any county Vote on quesshall have so met, at the county seat, it shall be law- tion of incorful for them to choose a chairman and secretary for poration. said meeting, who shall be sworn or affirmed, faithfully to discharge their respective duties as chairman. and secretary of such meeting, by any person legally authorized to administer oaths, and then to proceed to take a vote whether they will or will not incorporate themselves under the provisions of this act; and if there be twenty present who shall so agree, they shall forthwith hold an election, by ballot, for officers, at which election the chairman and secretary shall officiate as judges. SEC. 4. The officers of each society shall be a pres- Officers of each ident, vice president, treasurer, secretary, and seven society. directors, and such subordinate officers as the presi dent and directors shall from time to time appoint, for the purpose of determining between competitors for prizes and awarding the same. All prizes shall How prizes to be paid for by said society by the president's war- be paid. rant, drawn on the treasurer, and signed by the president, and countersigned by the secretary. SEC. 5. The treasurer shall give bond, in such sum, Treasurer to with such security, as the president and directors give bond. may approve, conditioned for the payment of all moneys, entrusted to him, to such person or persons as may be by law entitled to the same, and for the faithful discharge of his duty as treasurer; which Same to be rebond shall be recorded, in the recorder's office of the corded. When tax on ed. county, and filed in the office of the clerk of the district court of said county. SEC. 6. Before any election is held for officers at each member the first meeting, it shall be determined, by voice, to be determin- what shall be the tax for the first year on each member; and at every annual meeting the amount of the succeeding yearly tax shall be determined, by voice, which shall never exceed five dollars, or be less than one dollar, in any year, on each member. Certificate of recorded. SEC. 7. So soon as a certificate, signed by the election to be chairman and secretary, that a meeting and election of a president, vice president, secretary, treasurer, and seven directors, has been had in conformity to this act, is recorded in the recorder's office (whose duty it shall be to record the same for a fee of twelve and a half cents), they and their successors shall be in law and in fact, a body corporate and politic, to have continuance forever, by the name and style of Corporate style "The Agricultural Society of County." And Capacity. Special powers of President and Directors. Common seal. by such corporate name and style shall be forever able and capable, in law and equity, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all manner of suits, actions, plaints, pleas, causes, matters, and demands, of whatever kind and nature they may be, in as full and effectual a manner as any person or persons, bodies corporate and politic, may or can do. SEC. 8. Said president and directors shall have power to make and alter by-laws (a majority being necessary to form a quorum); to determine on what articles, animals, mode of husbandry, or other improvements of any kind connected with agriculture or domestic mechanism, they will confer prizes, and the amount thereof; to fix the days of exhibition; to fill vacancies in their own body, or in any office pertaining to the society, between the times of holding annual elections; to provide for the admission of other members; and to direct, by a by-law, the mode of holding future elections, of the time and place of which election there shall be at least ten days' notice, by advertisement in three public places in the county: Provided, No by-law shall be contrary to this act, or to the laws of this Territory. SEC. 9. Said president and directors shall have a common seal, with which they shall seal all their official acts; which seal they may alter and revoke at pleasure, and institute another in lieu thereof. |