Collectors to orders. Certain officers or receive county orders, &c., for less than the sum so given in exchange to (naming the person) for such original order, together with the number and amount of such original order, one of which orders shall be for the amount of his tax and shall appear on its face to have been intended for the payment thereof. SEC. 15. Every collector of county taxes is hereby receive county required to receive any regularly attested county order made by the board of commissioners, when the same may be tendered to him by any person in payment of such person's taxes due such county. SEC. 16. No collector or other person doing county not to purchase business shall, either directly or indirectly, purchase or receive in payment, exchange, or in any way whatever, any demand against his county, or any county order for a claim allowed by the board of therein expres- commissioners, at any time during the period for which he may be elected, for a less amount than that expressed on the face of such order or demand against the county; and every person elected or appointed to do county business, before entering upon the duties of his office, shall take an oath not to violate the provisions of this section. And any collector, or other person doing county business, offending against the provisions of this section, on conviction thereof, upon indictment or presentment, shall be fined for every such offence in any sum not exceeding five hundred dollars. sed. Oath. Penalty for infringing pro visions of this section. Compensation sheriff. SEC. 17. The boards of commissioners shall annuto the clerk and ally allow their clerk such compensation per day as they may deem reasonable, not to exceed three dollars, while in session, and likewise to the sheriff one dollar and fifty cents per day for his attendance upon the board, and further that the board of commissioners may allow the clerk and sheriff such amount as is actually then due for extra services at each regular meeting of the board, by said clerk or sheriff filing a bill of items which shall be regulated by the act concerning costs and fees. Persons ag grieved may district court. SEC. 18. From all decisions of the several boards of commissioners there shall be allowed an appeal to appeal to the the district court by any person or persons aggrieved, and the person or persons appealing shall take the same within thirty days after such decision by giving bond, with security to the acceptance of the clerk of said board, conditioned for the faithful prosecution of such appeal, and the payment of costs already accrued and which may thereafter accrue if the same shall be adjudged by the said court to be paid by such appellant, and the clerk shall record such appeal with the cases pending in the district court within twenty days after the taking of such appeal. SEC. 19. In any county where there is no court Board to prohouse provided, it shall be the duty of the board of vide rooms for commissioners to provide suitable rooms for the holding of the district court of said county. district court. SEC. 20. It shall be the duty of the board of com- Books and stamissioners to provide all books and stationary neces- tionery to be sary for the use of said board, all books and stationary necessary for the use of the register of deeds, and all books and stationary necessary for the use of the clerk of the district court, the probate court, and treasurer. sions. SEC. 21. The said board of commissioners are here- Authority to hold extra sesby authorized to hold extra sessions in case they may think the business of the county requires the same, and notice from any two of the said commissioners to the third shall be considered a sufficient call for said extra session, due notice thereof being given, and that no such extra session shall exceed three days. elections. SEC. 22. Nothing in this act contained shall be so This act not to construed as to vitiate or vacate the elections already vitiate the late held for commissioners, but they shall continue in office until the next general election to be holden in each of the organized counties. APPROVED, December 14th, 1838. COUNTY COMMISSIONERS. AN ACT to district the several Counties in this Territory for the Election of County Commissioners. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That the Des Moines counties of Des Moines and Lee shall be divided into and Lee three three districts each, for the purpose of electing districts each. county commissioners. SEC. 2. That part of the county of Des Moines Limits of the lying south of Flint creek shall form the first dis- severaldistricts trict; that portion of said county north of Flint creek in Des Moines. shall form the second; and the city of Burlington shall compose the third district. SEC. 3. At the next annual election there shall be Special provielected one county commissioner from each district; sions for the and at the next annual election thereafter there shall election of commissioners. Limits of the several districts in Lee. Special provisions for the election of comm'rs. Van Buren co. to be divided into 3 districts by county commissioners. be elected one county commissioner from the said first district, resident therein, by the qualified voters of the county; at the next annual election thereafter there shall be elected by the qualified voters of said county one commissioner, resident in the second district; and at the next annual election thereafter there shall be elected by the qualified voters of said county one county commissioner, resident in the third district; and so on, alternately, so long as this act shall remain in force. SEC. 4. That part of Lee county, lying east of the range line dividing ranges four and five, shall form the first district; the Half-Breed Tract shall form the second district; and the balance of the county shall form the third district. SEC. 5. At the next annual election there shall be elected one county commissioner from each district; and at the next annual election thereafter there shall be elected one county commissioner from the said first district, resident therein, by the qualified voters in said county; at the next annual election thereafter there shall be elected one county commissioner, resident in the second district; and at the next annual election thereafter there shall be elected one county commissioner resident in the third district; and so on alternately, so long as this act shall remain in force. SEC. 6. Be it further enacted, that the county commissioners of Van Buren county shall, at least three months previous to the next annual election, divide the said county into three districts, dividing the population as near as the nature of the case will Numbers and admit, and shall number the said districts and pubboundaries to lish the same, together with the boundaries of each be published. district, in some newspaper printed within the Territory, or by posting up printed or written notices at three of the most public places in each of the several districts, at least one month previous to the next annual election. and term of service. Special proSEC. 7. And there shall be elected by the qualified visions touch- voters of each district one commissioner, who shall ing the election be a resident therein, and who shall hold their office as follows, to wit: the one elected in the first district, three years; the one elected in the second, two years; and the one elected in the third district, one year; and thereafter to be elected in their several districts as their terms of office shall expire. APPROVED, January 25, 1839. COUNTY COMMISSIONERS. AN ACT to legalize the acts of County Commissioners. heretofore per SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all the Acts of county acts of the respective boards of county commis- commissioners sioners within this territory, heretofore done or performed to be formed, shall be deemed legal and valid in law, so valid far as the same were not done in violation of some Proviso. prohibitory law of this Territory, or of the Congress of the United States. cords to be evidence in the courts. SEC. 2. That a transcript from the records or books Transcripts of said board of county commissioners, signed by from their rethe clerk of their board, with the seal of the said board of commissioners to the same annexed, shall be legal evidence of the action of the respective boards. of commissioners in any court of record or before any judicial tribunal in this Territory. APPROVED, January 25, 1839. COURTS. AN ACT to fix the time for the first session of the Supreme Court of the SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That the First session of first session of the supreme court of the Territory the supreme shall be held at the city of Burlington, on the twentyeighth day of November one thousand eight hun dred and thirty-eight. SEC. 2. Be it enacted by the authority aforesaid, court. practice in su preme court. that all and every such attorneys and counsellors at Attorneys of law as are or may be duly and regularly admitted district courts to practice law in the several district courts within authorized to this Territory, shall be and are hereby authorized to do and perform all and every such act or acts as are or may be necessary in law, to commence and carry on any proceeding within the jurisdiction of the supreme court of the Territory of Iowa: Provided, Proviso. nevertheless, that every such attorney shall, before he shall be allowed to appear in person to do and perform the office of an attorney or counsellor at aw in open court, during the sessions of the same, upon motion, be qualified and admitted, if such attorney shall be otherwise entitled to admission. APPROVED, November 28, 1838. An act of Wis COURTS. AN ACT to repeal an act of the Legislative Assembly of the Territory of SEC. 1. Be it enacted by the Council and House of Supreme and Representatives of the Territory of Iowa, That "An district courts. act to amend an act, entitled an act concerning the supreme and district courts, and defining their jurisdiction and powers," approved January 19th, 1838, same repealed. concerning the commencement of actions in the district courts, be and the same is hereby repealed. APPROVED, December 14th, 1838. consin con cerning the COURTS. AN ACT regulating Criminal Proceedings. SEC. 1. Be it enacted by the Council and House of Code of crimi- Representatives of the Territory of Iowa. That, from and nal procedure after the first day of January next, the following code of criminal procedure shall be the established law of the Territory. established. CHAPTER I. Chap. I. containing a des cription of proceedings to prevent the commission of offences. Affidavit. Proceedings to prevent the Commission of Offences. SEC. 1. Whenever, by affidavit, it shall be rendered probable to any justice of the peace, of the proper county, that any person has threatened to commit any considerable offence against the person or property of another, such justice shall issue his warrant to bring such accused person forthwith before him. SEC. 2. Witnesses may be subpænæd and examExamination ined as in other cases. The examination of the acof the accused. cused may also be taken, but not under oath. Warrant. Witnesses. To enter into SEC. 3. If the justice becomes satisfied, by such recognizance investigation, that there is sufficient reason to apprehend the commission of the offence stated in the complaint, he shall require him to enter into a recog |