Duty of Gov. be the duty of the said Governor after affixing his official signature thereto, to file, or cause to be filed such map in the office of the Secretary of the Interior. But the location of such line or route, however, shall be considered final only so far as to fix the limit and boundary within which lands may be selected under, and by virtue of said Act of Congress. Considered final, how far. How constructed. SEC. 4. The said road shall be constructed upon the usual gague (gauge) of other first class roads in this State, and the iron used in the track shall be of approved quality and pattern; and the said road shall be constructed and finished in a style and of a quality Where inter- equal to the average of other first class western roads; sected. and when the said road shall be intersected by any other railroad hereafter constructed, it shall be the duty of the company receiving the benefit of this Act to furnish all proper and reasonable facilities, and to Duty of Co. join such other company in making all necessary crossings, turnouts, sidelings, and switches, and other conveniences for the transportation of all freight and pasRates of tariff sengers over their road, and the rates for transportation shall not in any case exceed the regular tariff of charges on said road. Acceptance, SEC. 5. The said company shall assent to and accept how signified the grant by this act conferred, by a written instrument under the seal of such corporation, and signed by its Where filed--President and Secretary, and shall file the same in the office of the Secretary of State of the State of Iowa within six months after the passage of this Act. when. Company may select terminus. Between what points. Company to be subject to laws. Accept under conditions imposed.. SEC. 6. The said company is hereby authorized and empowered to select and designate the point upon the south line of the State of Minnesota, to which the said road shall be built, between the "Big Sioux" and the "west fork" of the Des Moines Rivers, as designated in said Act of Congress. SEC. 7. The Company accepting the provisions of this Act, shall at all times be subject to such rules, regulations and restriction of rates for the transportation of passengers and freight as may be enacted and imposed by the General Assembly of the State of Iowa, not inconsistent with the provisions of this Act and the. act of Congress making the grant aforesaid. SEC. 8. The said Company accepting the grant of land under the provisions of this Act, shall take the same with the conditions imposed and the terms provided by this Act, and in no event shall said Company on the State. have any claim or recourse upon the State of Iowa by reason of the conditions imposed by this Act. Recourse up SEC. 9. All persons who, at the time said grant was Valid claims made, held valid claims by actual occupation and im- protected. provement upon any of the lands embraced in said grant, shall be protected in the same and entitled to purchase and enter the same upon the terms and con- Upon what ditions provided in Sections 1308 and 1309, Chapter 55, of the Revision of 1860. terms. SEC. 10. This Act being deemed of immediate im- Publication. portance, shall take effect and be in force from and after its publication in the Daily State Register, a newspaper published in Des Moines, and the Sioux City Journal, a newspaper published in Sioux City, said publication to be without expense to the State. Approved April 3d, 1866. I hereby certify that the foregoing Act was published in the Daily State Register April 22d, 1866, and in the Sioux City Journal April -th, 1866. JAMES WRIGHT, Secretary of State. CHAPTER 135. OWNERS OF THRESHING MACHINES. AN ACT to require owners of threshing machines to guard against accidents. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all persons hereafter owning Owners have or running any threshing machine in this State, shall tumbling cause the two lengths of tumbling rods next the thresh- rods secured. ing machine, together with the knuckles or joints and jacks of the tumbling rods to be safely boxed or secured while running. SEC. 2. Any person or persons owning or running Damages for any threshing machine in this State without complying fuling to with the requirements of Section 1 of this Act, shall be comply. held liable to the person damaged, for any damage which may be sustained by such person by reason of such neglect, and no action shall be maintained, nor shall any legal liability exist for services rendered by or with any threshing machine, when it shall be made to appear that the first section of this Act has not been complied with. SEC. 3. This Act shall take effect from and after its Publication. publication in the Iowa State Register and Iowa Homestead. Approved April 3d, 1866. I hereby certify that the foregoing Act was published in the Iowa Deaf and Dumb AsyJum located at Council Bluffs. Com'rs ap CHAPTER 136. LOCATING DEAF AND DUMB ASYLUM. AN ACT to permanently locate the Institution for the Deaf and SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That there shall be and is hereby permanently established at Council Bluffs, Iowa, an Institution for the support and education of the Deaf and Dumb. SEC. 2. That Thomas Officer, Caleb Baldwin, and pointed-for Dr. E. Honn, be and are hereby appointed Commiswhat purpose sioners to select a location for the grounds and erection of suitable buildings for the use of said Institution, and to secure the title to said grounds to the State, as well as plans for such buildings and grounds, and invite and receive building proposals for the erection of such buildings and improvements of the grounds; and in case of a vacancy in said Commission, by death or otherwise, the same shall be filled by appointment by the Governor. Vacancyhow filled. To select a location character of. SEC. 3. That said Commission shall select the most eligible and desirable location, of not less than thirty nor more than eighty acres, and it must not in any To be free of event be more than one mile from said city of Council charge to the Bluffs; which said lands so selected shall be free of State. charge to the State, and it shall be the duty of said Com'rs to se- Commission, after procuring a deed in fee simple for cure deed said lands, to have the same recorded in the record book of the county of Pottawattamie as required by law. to be recorded where. To procure proper SEC. 4. Said Commission shall also procure plans, plan, &c., of drawings, and specifications for the buildings necessary building. and proper for said Institution, and shall invite and receive proposals for the construction of such buildings according to such plans and specifications, said build-To receive ings to be fully completed and ready for occupancy on proposals. or before the first day of October, 1870; and they When building to be comshall also procure from the persons making such pro- pleted. posals or bids their binding written proposals, accom- Take bonds panied by bonds, with good and sufficient sureties, to for further be approved by said Commissioners, in the penalty of performance. at least one-half their bids, conditioned for the faithful Penalty. performance of their proposals or bids. In case the same Proposal to is accepted as hereinafter provided for, said propo- be binding in sals or bid shall have binding force and effect in law. Com'rs report SEC. 5. It shall be the duty of said Commissioners to Governor to make a full report of all their doings and proceed--when. ings under this Act, together with the proposals, bonds, Gov. to lay plans, drawings, and specifications, to the Governor, on next General or before the first day of October, 1867, and the Gov- Assembly. ernor shall lay the same before the next General As- Contract void sembly, and all contracts for the erection of said build- proved by ing shall be null and void unless the same shall be Gen. Assemapproved by said General Assembly; and provided bly. further, that said Commissioners shall receive no com- receive any pensation for their services, but shall be entitled to compensareceive their actual expenses while actually engaged in tion-entitled the performance of their duties under this act, provided, to actual exthe same is first established by oath. same before unless ap Com'rs not to penses. Proviso. SEC. 6. Nothing in this Act shall be construed to This act, how interfere with the present provision in relation to the construed. Deaf and Dumb, it being the purpose and intent of this Act to permanently locate the Institution, and to ascertain the plan and costs of the buildings necessary for the same, leaving it with the next General Assembly to determine finally upon the plan and erection of said buildings. SEC. 7. There is hereby appropriated out of any $1,000 apmoney in the Treasury not otherwise appropriated the propriated. sum of one thousand dollars, or so much thereof as For what may be necessary to carry the provisions of this Act purpose. into effect. Approved April 3d, 1866. CHAPTER 137. MANNER OF FILLING VACANCIES IN CERTAIN TOWNSHIP OFFICES. Clerk Board AN ACT to prescribe the mode of filling vacancies in the office of SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That whenever a vacancy occurs or Vacancies- exists in the office of Justice of the Peace, Constable, Supervisors or member of the Board of Supervisors, in any of the notify Town-townships of any of the counties of this State, by resship Clerk. ignation or otherwise, it shall be the duty of the Clerk of same. of the Board of Supervisors, immediately after receiving information of such vacancy in any of the townships of his county, whenever such vacancy occurs more than thirty days prior to any general election, to notify the Township Clerk of the township in which such vacancy exists, by mail or otherwise. SEC. 2. And it shall be the duty of the Township Township Clerk to noti- Clerk, within five days after receiving such notice, to fy Trustees notify each of the Trustees of his township in writing of such vacancy, specifying the office or offices that has become vacant in his township, fixing the time and Fix time and place that they shall meet for the purpose of filling place of mect- such vacancy by appointment, which place of meeting ing. shall be the usual place of holding township meetings. Notice, how Such notice may be served by any Constable of the served. township, and shall be served at least five days prior to such meeting. Duty of Trustees. office. How qualify. SEC. 3. And it shall be the duty of the Trustees to meet in accordance with the provisions of such notice, Persons ap- and proceed to fill such vacancy or vacancies by ap pointed, how pointment in writing of a competent person, who shall long hold hold his office to which he has been appointed until the next general election, and until his successor is elected and qualified; and the person so appointed Liable same shall qualify in the same manner, and be liable to the as if elected. same penalties as persons who are duly elected to fill such offices, and all the provisions of law in relation to qualification for office, shall apply to persons so appointed. Township SEC. 4. Within five days after an appointment has Clerk, duties been made under the provisions of this Act, it shall be the duty of the Township Clerk to record such appointment in the township record book, and to cause a notice of. |