per diem allowed by law to the Clerk for attending said Per diem. term at Davenport. SEC. 6. As often as the report shall be sufficient to Volume. constitute a volume of six hundred pages, exclusive of index and table of cases, it shall be the duty of the reporter to arrange the same with a table of cases, and index, and publish the same in a manner and style as neat and substantial as that of the thirteenth volume of Iowa Reports; but the Supreme Court shall have power when they deem it compatible with the public interest to order the publication of a volume of five hundred and fifty pages, exclusive of index and table of cases, and to increase the size of the volume when the reports cannot be embraced in two volumes per year, more than which shall not in any case be published. papers. SEC. 7. It shall be the further duty of the reporter Publish sylwithin forty days after the close of each term of the labi in newsSupreme Court to publish in some newspaper printed at the Capital of the State, the syllabi of the opinions filed at such terms; provided, always, that such publication can be made without expense to the State. SEC. 8. For the purpose of securing the prompt Purchase by publication of the reports, it is hereby made the duty State. of the Secretary of State to subscribe for, and receive for the use of the State, five hundred copies of each volume as soon as published, upon presentation by the reporter of a certificate signed by a majority of the Judges of the Supreme Court, showing that the volume is prepared and published in compliance with the provisions of this Act. When the copies thus subscribed for, or any portion Receipt for. thereof, are delivered to the Secretary of State, he shall execute his receipt therefor, and upon presentation of the same to the Auditor of State, he shall draw his warrant upon the Treasurer, payable to the reporter, or Pay. such persons as he may order, in payment for the same at the rate of five dollars per volume. It shall not be lawful for the reporter to sell or dispose of any volume of reports before the same has been approved by a majority of the Judges of the Supreme Court in the Approval of manner prescribed by law. volume. Court. SEC. 9. The reporter shall be entitled to receive and Copyright. hold in his own right the copy-right of his reports; but the Supreme Court shall have power to order the pub- Power of lication of a new edition of any one volume, when in their opinion the public interest shall require the same, and to require a compliance with said order within six months from the date of its being entered of record, Forfeit. Dispositi'n of Officers de cessors. and if the reporter neglects or refuses to publish in accordance with said order, the Court shall have power to declare the copy-right forfeited to the State. SEC. 10. The copies of reports received by the State shall be disposed of by the Secretary of State as follows: Two copies each to the library of Congress and the library of the Supreme Court of the United States; one copy to the Governor of each State and Territory in the United States; one copy to the Governor, Lieutenant Governor, Secretary of State, Register of State Land Office, Auditor and Treasurer of State, and the Superintendent of Public Instruction; one copy to each Judge and officer of the Supreme Court; one copy to the library of the State University; one copy to the library of the State Historical Society, and thirty additional copies to said Society for exchange with similar Societies in other States, but to be appropriated to no other purpose; one copy to each of the District and County Judges in the State; fifty copies to the State Library, to be and remain therein as a part thereof, and the remainder shall be disposed of as shall from time to time be directed by law. SEC. 11. It is hereby made the express duty of liver to suc- every Executive and Judicial officer who shall receive any copies of reports from the State under the provisions of the preceding section, or who now has in his possession copies of reports received from the State, by virtue of his office, to deliver the same to his successor upon vacating the office of which he is or was. an incumbent at the time of receiving the same; and a failure to comply with the requirements of this section shall subject the delinquent to a penalty of ten dollars for each volume received and not thus accounted for, which may be recovered in an action for the use of and in the name of the State. Penalty. Stationery. Rate per vol ume. Repealed. SEC. 12. The Secretary of State shall deliver to the reporter such stationery as may be needed in reporting and preparing the manuscript for publication. SEC. 13. Such reports shall not be sold by the reporter or any other person at a rate higher than five dollars a volume; and if any person shall sell any volume of said reports in violation of the provisions of this Act, he shall, on conviction thereof, pay a fine of two hundred dollars. SEC. 14. Chapter 10 of the Revision of 1860 and all acts and parts of acts inconsistent with this Act are hereby repealed. SEC. 15. This act being deemed of immediate im portance, shall take effect from and after its publication in the Iowa State Register and Iowa Homestead, anything in the Revision of 1850 to the contrary notwithstanding. Approved February 18th, 1864. I hereby certify that the foregoing Act was published in the Daily State Register on the 25th day of February, A. D. 1864, and the Iowa Homestead dated March 2d, 1864, was published and filed in my office on the 27th day of February, 1864, and the Iowa State Register was published and filed in my office on the first day of March, 1864, both of which papers contained a copy of said Act. JAMES WRIGHT, Secretary of State. CHAPTER 23. JUDGES OF SUPREME COURT. AN ACT to increase the number of Judges of the Supreme Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That hereafter the Supreme Court Number inshall consist of four Judges, three of whom shall con- creased. stitute a quorum to hold Court. SEC. 2. That the vacancy in the office of Judge of Vacancy. the Supreme Court, created by this Act, shall be filled by appointment by the Governor until the first day of January, 1865, and until his successor is duly elected and qualified. SEC. 3. The regular term of the additional Judge Term. of the Supreme Court, provided for by this Act, shall commence on the first day of January, 1865, and he shall be chosen at the general election in 1864, and every six years thereafter. SEC. 4. That Section of 2627 of the Revision of 1860 Quorum. be, and the same is hereby repealed, and there is hereby enacted instead thereof, as follows, to-wit: Section 2627, "The presence of three Judges is necessary for the transaction of business, but one alone may adjourn from day to day, or to any particular day, or until the next term." SEC. 5. That Section 2628 of the Revision of 1860 Decision in be, and the same is hereby repealed, and there is here- cases of tie. by enacted instead thereof as follows, to-wit: Section 2628, "When the Court is equally divided in opinion, the judgment of the District Court shall stand affirmed, but the decision is of no further force or authority." SEC. 6. This Act being deemed of immediate importance by the General Assembly, shall be in force from and after its publication in the Daily State Register and Iowa Homestead, anything contained in Section 24 of the Revision of 1860, to the contrary, notwithstanding. Approved February 23d, 1864. I hereby certify that the foregoing Act was published in the Daily State Register on the 24th day of February, A. D. 1864, and a copy of the Iowa Homestead dated the 2d day of March, A. D. 1864, was filed in the Office of Secretary of State on the 27th day of February, 1864, in which the foregoing Act was published, as provided for by law. JAMES WRIGHT, Secretary of State. CHAPTER 24. AUDUBON COUNTY. AN ACT changing the time of holding the Regular Session of the SECTION 1. Be it enacted by the General Assembly Trm of Court of the State of Iowa, That the time of holding the changed. regular session of the District Court of Audubon Čounty, Fifth Judicial District, for the year A. D. 1864, shall commence on the Thursday next succeeding the third Monday in April, provided that nothing herein contained shall be so construed as to prevent the holding of the regular sessions of said Court, in said county, thereafter, as provided for in Chapter 2 of the Acts of the regular session of the Ninth General Assembly. SEC. 2 This Act being deemed of immediate importance, shall take effect from and after its publication in the State Register and Iowa Homestead, papers published in Des Moines. Approved February 25th, 1864. I hereby certify that the foregoing Act was published in the State Register on the 27th day of February, A. D. 1864, and in the Iowa Homestead on the 2d day of March, A. D. 1864. JAMES WRIGHT, Secretary of State. CHAPTER 25. IN RELATION TO INCORPORATION OF CITIES AND TOWNS. AN ACT to amend Chapter fifty-one of Revision of 1860, in relation to the incorporation of cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section ten hundred and Election of Mayor. ninety-one (1091) of the Revision of 1860 be, and the same is hereby amended, by striking out of the second and third lines thereof, the following words, viz: the first Monday of April," which words are hereby repealed. "on SEC. 2. That Section eleven hundred and two (1102) Jurisdiction of said Revision be, and the same is hereby amended of Mayor. by striking out of the seventh line thereof, the word "exclusive," which is hereby repealed: Clerk. SEC. 3. That Section eleven hundred and twenty-three Levy of tax (1123) of said Revision be and the same is hereby re- certified to pealed, and there be enacted in lieu thereof the following: The Council or Board of Trustees, as the case may be, of each municipal corporation, is required to cause to be certified to the Clerk of the Board of Supervisors on Co'nty Treas urer collect. or before the first Monday of September of each year, Clerk to place the per centage or number of mills on the dollar of tax on tax book. levied for all city or town purposes by them, on the taxable property within said corporation, for the year then ensuing, as shown by the assessment roll of said city, for said year, and the said Clerk is required to place the same on the tax bocks of the County, in the same manner as county taxes are placed thereon, which tax for municipal purposes shall be collected and paid over to the proper officer, by the County Treasurer with the same restrictions, powers and liabilities, and under the same regulations as to power, mode and manner of proceeding in every respect as in relation to county taxes, and in all things relating to the sale of real or personal property, he is authorized and required to proceed according to the provisions of the statutes regulating the sale of property for delinquent State and County taxes, and in all sales for such, or any delinquent taxes for municipal purposes, if there be other delinquent taxes due from the same person, or a lien on the same property, the sale shall be for all the delinquent taxes, and such sales, and all sales made under or by virtue of Validity of this Act, or the Act to which this Act is amendatory, sale. |