inhabitants of the district, the said trustees shall, together with the other officers, settle all accounts which shall have accrued during the year for which they were elected.

SEC. 7. That it shall be the duty of the clerk of Clerk to keep each district to keep a book, in which he shall make a record of protrue entries of the votes and proceedings of each ceedings. meeting of the voters of the district, and of the trustees, which shall be held according to law, and to give attested copies thereof, which shall be legal evidence in all courts of this Territory.

SEC. 8. That it shall be the duty of the treasurer Duty of the of each school district to receive all moneys belong-treasurer. ing to the same, and pay them over, for the use of the school, to the order of a majority of all the legal voters, by vote in general meeting, or the order of the trustees, requiring at all times a written voucher for such payment, stating the purpose for which it is made.

SEC 9. That it shall be the duty of the collector of the collecof each school district to collect all the moneys be-tor. longing to, or due to the same, when directed so to do, and to collect such taxes as, by the vote of the district, shall be levied, and to pay over all moneys, when collected, to the treasurer of said district, within twenty days after such collection, except five per cent. which he shall retain for his services, taking his receipt for the same.

SEC. 10. That it shall be the duty of the assessor of the assessor. of each school district to assess all such property, lying within and belonging to the inhabitants of said district, as he may be directed to assess by a majority of the voters in such district, and to make return of the same, within thirty days after such assessment, to the trustees of said district.

duties.

SEC. 11. That when any legal voter, living within Fines for nonany school district, shall be duly selected or ap- performance of pointed, according to the second section of this act, trustee, clerk, treasurer, collector, assessor, or to serve a notice, and shall refuse or neglect to discharge the duties of the same, he shall, if a trustee, be fined in the sum of ten dollars, if a clerk, in the sum of eight dollars, if a treasurer, in the sum of five dollars, if an assessor, in the sum of five dollars, and if a person appointed to serve a notice of any meeting, the sum of five dollars; and for a neglect to settle all of their respective accounts at the end of the year for which they were elected, the trustees, clerk,

Powers of vo

ly assembled.

and treasurer shall be fined in the sum of twenty dollars, which, together with all other fines imposed in this act, shall be collected by suit before any justice of the peace within the proper county, and when collected shall be paid over to the treasurer of the district for the use of the school, or schools, within the same.

SEC. 12. That the legal voters within any school ters when legal district, lawfully assembled, shall have the powers, to wit: To appoint a time and a place for annual meeting, to select a place within the district, to build a school house, to levy a tax, in conformity with the provision of the tenth section of this act, either in cash, or good merchantable produce at cash price, upon the inhabitants of their respective districts, not exceeding one half per centum, nor amounting to more than ten dollars per annum on any one person, to do all and every thing necessary to the establishment and support of schools within the same.

One of the

side at meet

ings.

SEC. 13. That one of the trustees shall preside at trustees to pre- all meetings of the voters, who shall put all questions upon which a vote is to be taken, and when the vote is taken upon levying a tax upon the district, each of the voters present may propose a sum to be levied, and the vote shall be taken on the highest sum proposed, and in case of a disagreement, upon the next highest, and so on down, until a majority of all the legal voters within the district, so taxed, shall agree. SEC. 14. That it shall be the duty of the trustees, or a majority of them, to furnish the collector with. a sufficient warrant to collect such taxes as may be so levied, which warrant shall be his authority for collecting the same.

Trustees to furnish collector with a warrant.

Treasurer and

SEC. 15. That the treasurer of each district shall, collector to give before he enters on his duties, give bond, with good bond and secu- and sufficient security, to the trustees of said district, in any sum agreed upon by said trustees, for the true and faithful performance of his duties. And the collector shall give bond in like manner.

rity.

APPROVED, January 1, 1839.

EDUCATION.

AN ACT confirming Grants of property made for the encouragement of
Education, and for other purposes.

for certain pur

poses.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all gifts Gifts and and grants heretofore made of land for the erection grants of land of a school house, a house for divine worship, and for burying the dead, where such gift or grant of land shall not exceed ten acres for a church or burying ground, shall be held valid in law to the use of the person or persons, or religious society, therein named, for the purpose of education, for divine worship, or for the interment of the dead, and none other: Provided, That such gifts and grants shall be recorded To be recorded. in the county where such lands may lie, within twelve months from the passage of this act.

to county commissioners.

SEC. 2. When any person shall hereafter deem it Conveyances proper to make a donation or grant of land for the to be executed purpose of erecting a house for divine worship, a house for education, or for the interment of the dead, such deed, or gift, or grant, shall be made and executed to the county commissioners of the proper county, and their successors in office, in trust and for the use of the persons, society, or collection of people, therein named, which shall be held and used by such society, persons, or body of people, as therein directed, for the sole use of education, divine worship, and interment of the dead, and none other; which deed shall be recorded, in the recorder's office To be recorded. of the proper county, within twelve months after the execution of the same: Provided, That in no case Proviso. shall such grant for the erection of a house for divine worship exceed in quantity ten acres of land: Provided always, That no such gift or grant, as afore- Proviso. said, shall be considered good or valid when made to defraud creditors.

SEC. 3. If any person or persons shall commit any Trespassers litrespass upon the premises so granted, such tres- able for damapasser shall be liable to pay all damages so commit-ges. ted, to be recovered in the name of any person who will sue for the same, and when recovered shall be paid over to those persons or societies interested in the premises, to be expended by them in repairing such damages, or making any improvement thereon that they may think fit.

SEC. 4. When any gift or grant, as aforesaid, shall Grants perverbe perverted or used for any other purpose than ted or aban

less otherwise

doned, to vest contemplated by this act, or shall be abandoned by in county, un- the donees, such gift or grant shall become vested in directed by do- the county where such lands may lie, unless otherwise directed in such gift or grant by the donor, and shall be sold by the order of the county commissioners of such county, and the proceeds thereof applied for the use of education in such county.

nor.

APPROVED, January 15, 1839.

Representa

ty officers.

ELECTIONS.

AN ACT providing for and regulating General Elections in this Territory.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That an electives and coun- tion for members of the House of Representatives, and for county officers, shall take place on the first Monday in August next, and on the same day in every year thereafter. An election for delegate to Congress, for members of the Council, and County Recorder, shall take place on the first Monday in August, eighteen hundred and forty, and on the same day in every second year thereafter. And all general and special elections for delegate to Congress, members of Council and House of Representatives, and all county, town, and district officers shall be conducted in the manner hereinafter prescribed.

Delegate to Congress, members of Council, county Recorder.

County Com

of election.

SEC. 2. That the county commissioners shall remissioners to spectively, at their regular annual session in April, appoint judges preceding the general election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election at any election precinct, and for each of the polls of election as provided for in the act setting off and establishing towns or districts (as the case may be), and Notice of the the clerk of said board of commissioners shall make appointment to out and deliver to the sheriff of the county, immedibe served upon ately after the appointment of said judges, a notice

each.

thereof in writing, directed to the judge so appointed, and it shall be the duty of the said sheriff, within twenty days after the receipt of the said notice, to serve said notice upon each of the said judges of election. The said judges shall choose two persons, chosen by judg- having similar qualifications with themselves, to act as clerks of the election. The said judges of election shall be and continue judges of all elections of

Clerks to be

es.

civil officers, to be held at their respective precincts, until other judges shall be appointed as herein before directed, and the said clerks of elections may continue to act as such during the pleasure of the judges of election. And the county commissioners shall, Vacancies in from time to time, fill all vacancies which may take the office of place in the office of judge of election at any elec- judge. tion precinct within their respective counties.

cinct.

SEC. 3. That the clerks of the several boards of Three notices county commissioners shall, at least fifty days previ- for each preous to any special election, make out and deliver to the sheriff of his county three written notices thereof for each election precinct, said notices to be as nearly as circumstances will admit as follows, to wit: Notice is hereby given, that on the day of

the

next

in the town or district of

Monday Form of notice.

at the house of
-in the county

of
an election will be held for Territorial,
county, and town or district officers (naming the
offices to be filled as the case may be), which election
will be opened at nine o'clock in the morning, and
continue open until six o'clock in the afternoon of
the same day. Dated at — this day of

A. D. (as the case may be) signed A. B. Clerk of the board of county commissioners. And it also Poll books, &c., shall be the duty of the clerks of the several boards to be furnished of county commissioners to furnish one of the judges by county comof every election precinct in the county, with two clerk. poll books, and a copy of the several duties to be performed by the judges and clerks.

missioners'

iff.

SEC. 4. And the sheriff aforesaid, to whom such Notices to be notice shall be delivered as aforesaid, shall post up, posted by sherin three of the most public places in each town or district, the notices referring to such town, at least thirty days before the time of holding any general election, and at least eight days before the holding of any special election, and in cases where towns or districts may not be set off by law as election precincts, said notices shall be posted up by the sheriff as follows, one at the house where the election is authorized to be held, and the two others at two of the most public and suitable places in that vicinity or settlement.

SEC. 5. If any persons appointed to act as judges of the election as aforesaid, shall neglect or refuse to be sworn or affirmed to act in such capacity, the place of such person shall be filled by any justice of the peace residing within the county, town, or district,

Judge refusing act, justice

to

of the peace or other person to be nominated.