SEC 9 The county surveyors, respectively, shall Compensation. be entitled to such compensation, from each person, to whom they have rendered their services, as surveyors, as may be, or now is, allowed by law. APPROVED, December 25, 1838.

TERRITORIAL TREASURER.

AN ACT to provide for the appointment of a Territorial Treasurer, and defining his duties.

whom appoint

condition.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Territorial shall be appointed, by the Governor of the Territory, treasurer, by by and with the advice and consent of the Council, ed and for how a Territorial Treasurer, who shall hold his office for long. the term of three years, and shall, previous to entering upon the duties of his office, give bond to the Bond and secuUnited States in the sum of five thousand dollars, rities, in what with three or more sufficient securities, to be ap- sum, by whom proved of by the Secretary of the Territory, condi- approved, and tioned for the faithful discharge of the duties of his office, and shall, also, take an oath in the following Treasurer's form, before one of the judges of the supreme court: oath. "I, A. B., do solemnly swear (or affirm,) that I will faithfully, and honestly, execute the duties appertaining to the office of Treasurer of the Territory of Iowa: I will not, on any occasion, or pretence, apply, otherwise than according to law, any moneys, securities, or effects, which shall come into my hands, belonging to the Territory, or to the United States of America."

SEC. 2. The Treasurer shall receive all monies, be- What moneys longing to the Territory, that may be raised by tax- he shall receive. ation, or otherwise, and shall procure suitable books, His books, acin which he shall enter an account of his receipts and and disbursedisbursements.

counts,receipts

ments.

SEC. 3 The Treasurer shall, in no case, pay money Prohibition. out of the treasury, but according to law, and shall annually report, to the Legislative Assembly, a true Annual report, account of his receipts and disbursements, with the and vouchers. necessary vouchers for the same, and shall deliver

to his successor in office, all books, moneys, accounts, Transfer of moor other property, belonging to the Territory, so ney, &c., to his soon as his successor shall become qualified.

successor.

SEC. 4. The Treasurer shall receive for his services, Compensation. such sum as may hereafter be allowed him by law. APPROVED, January 24, 1839.

By whom any town, or addi

tion thereto, may be laid out

By whom surveyed, and

TOWN PLATS.

AN ACT to provide for the recording of Town Plats.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That when any county commissioners, or other person or persons, wish to lay out a town in this Territory, or an addition, or subdivision of out-lots, said commissioners, or other person or persons, shall cause the same to be surveyed, and a plat, or map, thereof made, by the county surveyor, it any there be in the county in which said town, or addition, is situated, but if there be no county surveyor in the county, then, in that case, by the county surveyor, of an adwhat shall be jacent county, which plat, or map, shall particularly describe, and set forth, all the streets, alleys, commons, or public grounds, and all in and out-lots, or fractional lots, by him surveyed within, adjoining, or adjacent to said town, giving the width, courses, boundaries, and extent, of all such streets and alleys. SEC. 2. All the in-lots, intended for sale, shall be numbered, &c. numbered, in progressive numbers, or by the squares, in which they are situated, and their precise length, Out-lots, their and width, shall be stated, on said plat or map. Outsize, number,& lots shall not exceed ten acres, and shall, in like

set forth in the map, or plat

In-lots, how

boundaries.

Corners, marked, how and under whose direction; and to be designated on plat.

Town plats, to

knowledged, and recorded.

manner, be surveyed and numbered, and their precise length and breadth stated on the plat, or map, together with any streets, alleys, or roads, which shall divide, or border, on the same.

SEC. 3. The county commissioners, proprietor, or proprietors of the town, addition, or subdivision of out-lots, by themselves, or agents, shall, at the time. of surveying and laying the same, plant and fix, at a corner of the public ground, or at a corner of a public lot, if any there be, and if there be none, then at the corner of some one of the in-lots, in the town, and at the corner of each out-lot, a good and sufficient stone, of such size and dimensions, and in such manner, as the surveyors shall direct, for a corner from which to make future surveys, and the point, or points, where the same may be found, shall be designated on the plat, or map.

SEC. 4. The plat, or map, after having been combe certified, ac- pleted, shall be certified by the surveyor, and the county commissioners, and every other person, or persons, whose duty it shall be to comply with the foregoing requisitions, shall, at, or before, the time of offering such plat, or map, for record, acknowl

edge the same, before any person authorized to take the same, a certificate of such acknowledgment shall, by the officer taking the same, be endorsed on the plat, or map, which certificate of the survey and acknowledgment, shall also be recorded, and form a part of the record.

of towns, and

SEC. 5. When the plat, or map, shall have been Donations, or made out, and certified, acknowledged and recorded, grants,made on as required by this act, every donation, or grant, to plats, or maps, the public, or any individual, or individuals, religious the binding ef society, or societies, or to any corporation, or bodies fect thereof. politic, marked, or noted, as such, on said map, or plat, shall be deemed in law, and in equity, a sufficient conveyance, to vest the fee simple of all such parcel, or parcels of land, as are therein expressed, and shall be considered, to all intents and purposes, a general warranty against such donor, or donors, grantee or grantees, for his, her, or their use, for the uses and purposes therein named, expressed, and intended to be, for the streets, alleys, ways, commons, or other public uses, in any town, or city, or addition thereto, shall be held, in the corporate name thereof, in trust to, and for, the uses, and purposes, set forth, expressed or intended.

SEC. 6. If the county, in which said town, or addi- Towns, in untion, is situated, shall not be organized, then, and in organized that case, the plat, or map, shall be recorded in the to be recorded. recorder's office of that county to which the county,

in which said town is situated, shall, at the time, be attached for judicial purposes.

counties, where

SEC. 7. If any county commissioners, or other per- Forfeiture for son or persons, whose duty it is to comply with the violating this requisitions of this act, shall neglect, or refuse, so to act. do, he, or they, shall forfeit and pay the sum of one hundred dollars, for each and every month, he, she, or they, shall delay a compliance,

the premature sale of lots.

SEC. 8. If any county commissioner, or other per- Additional forson, or persons, shall dispose of, offer for sale, or feitures, as to lease, for any time, any out, or in-lots, in any town, or addition to any town, or city, or any part thereof, which shall, hereafter be laid out, until all the foregoing requisitions of this act shall have been complied with, every person so offending, shall torfeit and pay twenty-five dollars, for each and every lot, or part of a lot, sold or disposed of, leased, or offered for sale.

SEC. 9. The county surveyor, who shall survey, lay Compensation out, and plat, any town, or addition, shall receive of county sur

veyors.

Suits for for

feitures, &c., how brought;

and receipts from treasurer,

ed.

such compensation as is prescribed by an act defining the duties and compensation of county sur

veyors.

SEC. 10. All forfeitures, and liabilities, which may be incurred, or arise, under this act, shall be prosecuted for, and recovered in, the name of the county treasurer, and any officer or officers, paying over any with whom fil- money to the said treasurer, under any of the provisions of this act, shall take his receipt therefor, and forthwith file the said receipt, with the clerk of the board of county commissioners, and the said clerk shall charge the amount of said receipt, in account against said treasurer, on the books of the county commissioners.

APPROVED, January 25, 1839.

deemed and considered as vagrants.

VAGRANTS.

AN ACT concerning Vagrants.

SEC. 1. Be it enacted by the Council and House of Who may be Representatives of the Territory of Iowa. That every person, who does, or is suspected to, get his livelihood by gaming, and every able bodied person, who is found loitering, and wandering about, and not having wherewithall to maintain himself, by some visible property, and who doth not betake himself to labor, or some honest calling, to procure a livelihood, and all persons who may become chargeable to the county, and all other idle, vagrants, dissolute persons, rambling about, without any visible means of subsistence, shall be deemed, and considered, as vagrants.

Proceedings against vagrants, before justices of the peace.

SEC. 2. When any such person is found, in any county, any justice of the peace shall, from information, or from his own knowledge, issue his warrant to the sheriff, or constable, to bring such person before him, and if, upon examination, it shall appear to such justice, that he comes within the description of vagrants, agreeably to this act, he shall commit him to the jail of the county, until the next district court, unless he enters into bond, payable to the county treasurer, in the sum of fifty dollars, with sufficient security, or securities, to be adjudged of by the justice, for his appearance before the said In the district court, and to abide the determination thereof; if, court, where the upon examination, it appears to the said court, that such person is within the description, and is a minor,

vagrant is a

minor.

they shall direct the sheriff to bind him to some per- May be bound, son of useful trade, or occupation, until he shall or hired out. arrive at the age of twenty-one years, the said court shall direct the sheriff to hire him out for any term not exceeding nine months: Provided, however, That if such person have a wife, or family, within the Ter- Married varitory, he shall be set at liberty, upon his entering grants, and into bond, with approved security, payable to the county treasurer, to return to his wife and family, &c. and follow some useful employment for their maintainance and support.

their bond to

return home,

SEC. 3. The money, arising from the hire of any Vagrant's hire, vagrant, shall be applied, by the court, towards the how disposed payment of his debts; but if he shall not be indebted, of. or owe to the amount of his hire, the same, or the balance thereof, shall be paid to such vagrant, at the time his or their service expires, unless he shall have a wife, or children, in which event it shall be applied to their use; when any vagrant shall have entered into a bond and security, as last mentioned to the county treasurer, and the penalty thereof shall become forfeited, the court shall direct an execution Forfeiture of to issue thereupon, having first given ten days' notice vagrant's bond, to the party, or parties, by scire facias that such exe-ings against his cution will issue against the goods and chattels, lands securities. and tenements of such security, the sheriff shall make distress and collect the amount as on other executions, and the money arising therefrom, shall be Money how apapplied toward lessening the county tax. plied.

and proceed

constables and

cy.

SEC. . All the justices of the peace, within their Duties of all respective districts, shall see that this act is executed, justices of the and all the sheriffs, and constables, within the sev-peace, sheriffs, eral counties, shall give information, to such justices, grand jurors, as of all vagrants that may be, within their knowledge, to vagrants, or in their respective districts, and grand jurors, em- persons suspecployed for any county, shall make presentment of ted of vagranall such persons, within the county, as they may suspect to be vagrants, agreeably to this act, and, upon such presentment, the court shall direct some justice of the peace to issue his warrant, to bring such suspected persons before him, and, if upon examination, it appears, that they come within the description of vagrants, the same steps shall be taken against them, as heretofore directed to be taken against vagrants. APPROVED, January 24, 1839.