Corporation to

&c.

Proviso as to new roads.

Company authorized to

loan money.

any execution issued upon any judgment or decree, shall in anywise affect said lien.

SEC. 17. That said corporation shall be bound to erect bridges, erect bridges over said canal at all places where it shall cross any public highway which shall have been, or may hereafter be, regularly laid out and recorded, and where the location of the canal shall interfere with any road which shall be in use, and said corporation is hereby authorized to change the location of said road: Provided, That, before so doing, the said corporation shall cause the new road to be opened and put into good repair for the convenience of travel, as the road vacated was at the time of such vacation. SEC. 18. Inasmuch as the works herein contemplated would now yield little profit to the said corporation, and inasmuch as the Indian title to a part of the lands, over which said works would pass, has not yet been extinguished, said company are hereby authorized to receive deposits, and loan money on bonds, notes, bills of exchange, and other securities, to the amount that may have been subscribed, at any rate of interest not exceeding twelve per cent. per annum upon its actual loans. But nothing herein contained shall bank notes or be construed as authorizing said company to issue bank notes or bills; nor to continue its operations of receiving deposits, and loaning money, beyond the period of twenty years from the first day of May next; nor to loan any money, except gold and silver, or notes of specie paying banks: Provided, That said company shall not hold bonds, notes, or other securities, from any one person, company, or corporation, for any amount, at any one time, greater than five thousand dollars: Provided, also, That the notes of specie paying banks, loaned by said company, specie paying shall be such as are at par credit in Burlington, the city of St. Louis, or the city of New York.

Not to issue

bills.

Limitations.

Proviso as to the notes of

banks.

When the works to be constructed.

SEC. 19. The said corporation shall commence the construction of the works authorized by this act, whenever required by the legislature of the Territory or State of Iowa, at any time within not less than three years from the passage of this act, and shall complete the same, whenever required as aforesaid, at any time not less than twenty years from the passage of said act. And if said corporation shall fail commence or to commence or complete the said works at such complete the times as they shall be required as aforesaid, they shall forfeit to said Territory or State the right of constructing the works aforesaid, together with all

Failing to

same, right to be forfeited.

that said corporation may have done or expended thereon. In such case, for the purpose of enabling Subscription to the said State or Territory to construct said works, it stock by State shall have the right to subscribe to the stock of said or Territory. company an amount equal to that which shall have been already subscribed by the company, to be used in the same manner as the funds of the said company are by this act authorized to be used.

SEC. 20. In case of such subscription by the State, And appointor Territory, the legislature thereof may appoint a ment of directportion of the directors of said company, not exceed- ors. ing one half the number elected by said company.

" and hold the

SEC. 21. The future State of Iowa, at any time Terms on after its admission into the Union, shall have the which State right to purchase and hold, for the use of the State, may purchase the works herein authorized to be constructed, by works authoripaying to the said corporation the amount actually zed by this act. expended in the construction and repairs of the same, together with interest thereon at the rate of seven per centum per annum: Provided, however, That in case the Congress of the United States shall make any appropriation or donation, either in land or money, in aid of the construction of the work by this act authorized, the right to the same shall vest in said State whenever the said transfer of the canal, or road, shall be made; and the net proceeds of all sales of land, and the amount of all money so appropriated or donated, shall be deducted from the amount to be Deductions. paid to the said corporation for the transfer of said works to the State; and the said corporation are hereby authorized to apply to Congress for such an appropriation, in money or lands, to aid in the construction of the works authorized by this act, as Congress in its wisdom shall see proper to grant.

SEC. 22. If the State of Iowa shall purchase the Further deducsaid canal or road, after any portion of the same tions. shall have been put in operation, the tolls or income derived from the same (of which a full statement shall be preserved on the books of the company), together with interest thereon at the rate of seven per cent. per annum, from the time said income shall have been received, shall also be deducted from the amount to be paid to said corporation, as provided in the last preceding section. But no purchase of Provisional the said canal, or road, shall prevent the company stipulation from continuing their business of receiving deposits touching loans and loaning money as aforesaid, until the expiration of the twenty years as above provided.

and deposits.

Permission to be obtained from the competent anthorities.

Power to amend or re

SEC. 23. The improvements hereby authorized shall not be commenced until permission from the competent authority, to pass over and appropriate the necessary lands belonging to the United States, shall have been obtained; nor shall said improvements be continued through lands to which the Indian title shall not have been previously extinguished, without express authority from the Congress of the United States.

SEC. 24. The legislature of this Territory, or State (as the case may be) shall have the power to alter, peal this act, if amend, or repeal this act at any time, when they shall find that any of the provisions herein contained have been violated by said company, or any persons hereafter composing the same.

any of its provisions violated

APPROVED, January 24, 1839.

James Hall and

others consti

tuted a body corporate by the name or style of The Keosauqua Lyceum.

INCORPORATIONS.

AN ACT to incorporate the Keosauqua Lyceum.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That James Hall, John Fairman, S. W. Summers, J. N. Lewis, Elisha Puell, John Carnes, Richard Billups, Simon Drouillard, Jacot Lane, John Goodwin, John Purdon, Sewel Kinney, C. Stevenson, John Stevenson, M. Sigler, John Sigler, Cyrus H. Óber, Wilson Stanly, Russell King, Thomas Wilkinson, Alfred Vesters, and such other persons as from time to time shall become members of said corporation, shall be, and are hereby ordained, constituted, and declared to be one body corporate and politic, in deed, fact, and name, by the name and style of "The Keosauqua Their powers. Lyceum;" and by that name they and their successors shall have succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, and complaints, matters and cases whatsoever; and that they and their successors shall have a common seal, and change and alter the same at their pleasure; and that they and their successors, by the same name, shall be persons in law capable to purchase, take, receive, hold, and enjoy, to them and their successors, any real estate, in fee simple, or for term of life or lives, or

sonal estate.

otherwise, and any goods, chattels, or any personal estate, for the purpose of enabling them the better to carry into execution, encourage, and promote such measures as may tend to the advancement of science and literature, and also to whatever else that may tend to the promotion of education, the advancement of knowledge, and the development of truth, in the sciences: Provided, The clear yearly Limitation of value of such real and personal estate shall not exceed real and perthe sum of five thousand dollars. And that they and their successors shall have full power and authority to give, grant, sell, lease, demise, and dispose of the said real and personal estate, or any part thereof, at their will and pleasure; and that they and their suc- By-laws, ordicessors shall have power from time to time to make, nances, &c. constitute, ordain, and establish such by-laws, ordinances, and regulations as they shall judge proper, for the election of their officers, for the election or admission of new members of said corporation, and the terms and manner of such admission, for the better government of their officers and members, or fixing the time and place of the meetings of said corporation, and for regulating all the affairs of said corporation: Provided, Such by-laws and regulations Proviso. shall not be repugnant to the constitution or laws of the United States, or of this Territory.

SEC. 2. And for the better carrying on the affairs Officers of the of said corporation, there shall be a President, Vice corporation. President, Treasurer, and Secretary, of the corporation, who shall hold their offices from the time of their appointment or election, until the first Monday of March then next, or until others shall have been

chosen in their places. And that the said J. N. First appointLewis is hereby appointed President, the said Wilson ments. Stanly treasurer, and the said John Carnes secretary, until the first Monday of March next; and that said officers shall, on the first Monday of March next, and always thereafter, be chosen by the members of the said corporation in such manner, and afterwards at such time and places, as shall be directed by the by-laws of said corporation to be made for that purpose; and that the President, or Vice President, and Quorum. any seven members of said corporation shall be sufficient to constitute a legal meeting for the transaction of business.

SEC. 3. This act shall be subject to amendment by any future legislature.

APPROVED, January 24, 1839.

clause.

INCORPORATIONS.

AN ACT to incorporate the town of Davenport.

SEC. 1. Be it enacted by the Council and House of Incorporating Representatives of the Territory of Iowa, That so much of township seventy-eight, north, of range three east of the fifth principal meridian, in the county of Scott, as is comprised within the limits of the original town plat of the town of Davenport, and the additions made thereto by Antoine Le Clair, together with all additions that may hereafter be recorded thereto, by consent of two-thirds of the qualified voters of said town, be and the same is hereby created a town corporate, and shall hereafter be known by the name of the "Town of Davenport:" Provided, That said town shall not exceed two miles square.

When Mayor.

elected.

SEC. 2. That the qualified voters for members of Recorder, and the Legislative Assembly, residing within the limits Trustees to be of said corporation, shall meet at some convenient place within the same, on the first Saturday of April next, and on the first Saturday of April annually thereafter, at such place in said town as the town council shall direct, and then and there proceed to elect, by ballot, a Mayor, Recorder, and five Trustees, who shall have the qualifications of electors, and reside within the limits of the corporation; and the mayor, recorder, and trustees, so elected, shall hold their offices one year, and until their successors are elected and qualified: Provided, That a failure to elect on said day shall not forfeit the charter, but an election may be had on any succeeding day, by giving due notice.

Proviso.

At first election judges and clerk to by chosen.

How future

conducted.

SEC. 3. That at the first election to be held under this act, two judges and a clerk shall be chosen, viva voce, by the electors present, and at all subsequent elections the mayor, or any two of the trustees, shall sit as judges, and the recorder, or in his absence, some elections to be one of the council, pro tempore, shall sit as clerk, and at all such elections the polls shall be opened between the hours of one and two in the afternoon, and close by the hour of four the same afternoon, and at the close of the polls the votes shall be counted, and a statement thereof proclaimed at the door of the house in which the election shall be held; and the persons elected shall, within ten days after Oath to be ta their election, take an oath to support the constituken by the per- tion and laws of the United States, and of this Territory, and an oath of office, a certificate of which

sons elected.