the whole fees to the sheriff, after the return of the writ, shall not exceed fifty cents. SEC. 13. Every citizen of this Territory shall have Citizens to free access to all public records, without being taxed have free acany fee therefor. cess to public records. ed. SEC. 14. The judges of probate and county clerks Who shall proshall procure good and well bound books, to be ap- cure record proved of by the judges of the supreme court, the books; by judges of probate, and the judges of district courts, whom approvrespectively, which books shall be the property of the Territory in the case of the books of the supreme ty they shall court, the expence of which to be paid out of the be and how territorial treasury; and of the county in the case of paid for. the books of the probate and district courts, the cords. expence of which to be paid out of the county treasury. County re fees out of the SEC. 15. No officer, witness, or other person shall Who shall rehereafter have any claim upon the territorial treasury ceive costs and for services rendered in any other court than the territorial treasupreme and district courts of the Territory of Iowa, sury. which officer and persons are designated in the succeeding section. preme court. SEC. 16. The sheriff shall be allowed two dollars Sheriff's per and fifty cents per diem for every day he shall actu- diem in sually attend upon the supreme court, and one deputy Deputy sheriff. sheriff, in the absence of the sheriff, shall be allowed where paid. two dollars per day, which compensation shall be paid from the territorial treasury. district courts. SEC. 17. The sheriffs in the several counties in this Sheriff's per Territory shall be allowed, for every day such sheriff diem in the shall attend the district court, one dollar and fifty cents per day; and in the absence of the sheriff, one deputy sheriff shall be allowed one dollar and Deputy Sheriff. fifty cents per day, for the days which such officers shall actually attend, to be paid out of the county Where paid. treasury of the proper county: Provided, always, Proviso. that, if the district court shall deem it expedient, such court may make an order to command any number of constables to attend said court, not ex- Constables, in ceeding three, to be entitled to a per diem allowance district courts. of one dollar and fifty cents per day each, for every day such constables shall actually attend, if the court shall think that number necessary, as shall appear by their records. SEC. 18. Hereafter the fees for recording any deed, Fees for remortgage, or other instrument required to be re- cording deeds, corded, shall be paid at the time of presentment for mortgages, &c. record, if required by the recorder. When paid. Discretion of ing costs, in certain cases. SEC. 19. When any prosecution, instituted in the judge, concern- name of the United States or of individuals, for breaking any laws of this Territory, shall fail, the judge shall determine from the circumstances of the case whether the prosecutor, the county, or the Territory, shall pay the costs. APPROVED, January 23, 1839. Boundaries. a vote of the citizens. COUNTIES AND COUNTY SEATS. AN ACT to establish the boundaries of Louisa county, and to locate the seat of Justice of the said county, and for other purposes. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the boundaries of Louisa county shall be as follows, to wit: beginning at the main channel of the Mississippi river on the line dividing township seventy-two and seventy three north, thence west on said township line to the line dividing Des Moines and Henry counties, thence north on said line to the line dividing township seventy-three and seventy-four north, thence west on said township line to the range line between five and six west, thence north with said line to the township line dividing townships seventysix and seventy-seven north, thence east with said line to the line of Muscatine county, thence south with said county line to the line dividing townships seventy-five and seventy-six north, thence east on said township line to the Mississippi river, thence down the main channel of said river to the place of beginning. Seat of justice SEC. 2. That for the purpose of permanently esto be perma- tablishing the seat of justice for said county of Louisa, nently fixed by a poll shall be opened at the usual places of election in said county, on the first Monday of March next, for the purpose of receiving ballots for such places as may be voted for as the seat of justice of said county, and said ballots shall be deposited in a separate box from the other ballots which may be received at said election, and separate poll books kept. Persons entitled to vote. SEC. 3. Any person shall be entitled to vote for the seat of justice of said county, at said election, who is a free white male citizen above the age of twenty one years, and who has resided in the county at least thirty days next preceding the election. to sheriff. SEC. 4. That returns of said election, with the bal- Returns of eleclots and poll lists, shall, within twenty days after tion to be made the election, be made to the sheriff of the county of Louisa, to be by him canvassed and examined in presence of two justices of the peace of said county, and if upon examination it shall be found that any Place having one of the places voted for has a majority of all the majority of all votes polled for a county seat, that place shall from the votes to be thenceforward be the seat of justice for Louisa tice. county; but if it should be found that no one of the If not decided, places voted for has such a majority, then in that new election to case a new election shall be held on the day of the next annual election thereafter, to be conducted in the same way, and by the same officers who may conduct said annual or general election in said Louisa county, at which said election the votes shall the seat of jus be held. be confined to one or the other of the two points Places to which which may have received the highest number of the votes shall votes at the first election. be confined. SEC. 5. It shall be the duty of the sheriff to give Sheriff to give at least ten days notice of said second election by notice. written or printed hand bills, put up at each precinct, specifying the two points to be voted for, and the day of holding such election. SEC. 6. Returns of the second election shall be Returns of elecmade as is provided for in regard to the returns of tion. the first election, and the place having the highest number of votes at said second election shall be the county seat of Louisa county: Provided, that the Spring term of spring term of the district court of said county, for district court at the year eighteen hundred and thirty-nine, shall be Lower Wapelheld at Lower Wapello. lo. SEC. 7. And be it further enacted, That on the said County com. first Monday of March next there shall be three to be elected. county commissioners elected in said county of Louisa, whose term of service and whose proceedings shall be governed by the law of this Territory organizing a board of county commissioners, &c: Provided, however, that the time from this special election until the time of the next general election shall be considered one year. APPROVED, January 12, 1839. County organized from 1st June next. To be part of 3d judicial district. Commissioners justice. COUNTIES, &c. AN ACT to organize the county of Linn, and establish the seat of Justice thereof. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the county of Linn be and the same is hereby organized from and after the first day of June next, and the inhabitants of said county be entitled to all the rights and privileges to which by law the inhabitants of other organized counties of this Territory are entitled, and the said county shall be a part of the third judicial district, and the district court shall be held at the seat of justice of said county, or such other place as may be provided until the seat of justice is established. SEC. 2. That Richard Knott, Lyman Dillon, and to locate seat of Benjamin Nye, be and they are hereby appointed commissioners to locate the seat of justice in said county, and shall meet at the house of William Abby, on the first Monday of March next, in said county, and shall proceed forthwith to examine and locate a suitable place for the seat of justice of said county, having particular reference to the convenience of the county and healthfulness of the location. Commission to the governor. SEC. 3. The commissioners, or a majority of them, ers, within ten shall, within ten days after their meeting at the days, to certify aforesaid place, make out and certify to the governor of this Territory, under their hands and seals, a certificate containing a particular description of the situation of the location selected for the aforesaid county seat, and on the receipt of such certificate the governor shall issue his proclamation affirming and deissue his pro- claring the said location to be the seat of justice of said county of Linn. Governor to clamation. Oath to be taken by com missioners. SEC. 4. The commissioners aforesaid shall, before they enter upon their duties, severally take and subscribe an oath before some person legally authorized to administer the same, viz: I do solemnly swear (or affirm) that I am not, either directly or indirectly, interested in the location of the seat of justice of Linn county, nor do I own any property in lands, or any claims, within the said county of Linn. So help me God. Signed, A. B. commissioners SEC. 5. If at any time within one year thereafter Under what it shall be shown that the said commissioners, or circumstances any of them, received any present, gratuity, fee, or made liable to reward, in any form other than that allowed by law, indictment. or before the expiration of six months after the governor's proclamation declaring the said seat of justice permanent, become interested in said town, or any lands in its immediate vicinity, the commissioner or commissioners shall, upon conviction thereof, by indictment in the district court of the county in which he or they may reside, be guilty of a high misdemeanor, and be forever after disqualified to vote at any election, or to hold any office of trust or profit within this Territory. ers for their SEC. 6. The commissioners aforesaid shall receive, Compensation upon making out their certificate of the location of to commissionthe seat of justice of said county, each two dollars services. per day, and also three dollars for every twenty miles, going and returning from their respective homes. APPROVED, January 15, 1839. COUNTIES, &c. AN ACT to divide the County of Henry, and establish the County of be called Jef SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of lowa, That all that Boundaries of tract of country lying west and attached to the county the county to of Henry, viz: beginning at the south-east corner of ferson. township number seventy-one north, range eight west, thence north with said line to the line dividing townships seventy-three and seventy-four, thence west with said line to the Indian boundary line, thence south with said line to the line dividing townships seventy and seventy-one, thence east with said line to the place of beginning, be and the same is hereby constituted a separate county to be called Jefferson. transact county business. SEC. 2. That the said county of Jefferson shall, to Invested with all intents and purposes, be and remain an organized authority to county, and invested with full power and authority to do and transact all county business which any regularly organized county may of right do. |