and damages awarded against him therein, or if the appeal be dismissed, that he will pay all sums for which he would have been liable if no appeal had been Proceedings taken. The proceedings in the District Court in the in District Court. Transcript Clerk. appeal, shall be the same as on an appeal in a civil action from a Justice of the Peace, as near as practicable, and costs shall be awarded for or against either party, upon the same rules and conditions as in such appeal of a civil action. SEC. 7. Upon the expiration of ten days, if no apreturned to peal has been taken as herein provided, the Justice shall return a certified transcript of the report of the Jury to the Clerk of the Board of Supervisors, who shall record the same in the book of records of roads and highways of the county. Record. Applicant to open. SEC. 8. Upon the payment of the damages assessed may proceed by the jury, and of the costs of the proceedings allowed to the justice, constable, jurors, surveyor and Clerk of the Board of Surveyors, allowing the same fees as nearly as may be, as are allowed in other civil cases, it shall be lawful for the person applying for such summons to enter upon the lands examined by the jurors, and upon which they have assessed said damages, with all necessary implements to open said entry and drain, and make said coal yard and wagon road; provided, that if the owner of said lands be a non-resi dent, the applicant aforesaid shall be permitted to enter upon said premises as aforesaid, upon his depositing the amount of damages assessed, with the Clerk of the District Court, subject to the order of said nonresident owner. Condition. Lxclusive use SEC. 9. After such entry and drain are opened, and said coal yard and wagon road are made, it shall be lawful for the applicant to use them for his exclusive benefit, and any person obstructing or in any way inDamages for juring said entry and drain, wagon road or coal yard, obstructing. shall be liable to treble damages in an action brought by the applicant. SEC. 10. All Acts or parts of Acts conflicting with this Act are hereby repealed. Approved March 28th, 1864. CHAPTER 92. COMPENSATION OF JURORS INCREASED. AN ACT to amend Section 2 of Chapter 15 of the Acts of the regular session of the Ninth General Assembly, increasing the compensation of Jurors. SECTION 1. Be it enacted by the General Assembly Raised from of the State of Iowa, That Section 2 of Chapter 15 $1.50 to $2.00 of the Acts of the regular session of the Ninth General Assembly be amended by striking out in the 3d and 4th lines, the words "one dollar and fifty cents," and inserting therefor the words "two dollars." SEC. 2. This act shall take effect and be in force Take effect. from and after its publication in the State Register, Iowa Homestead and Iowa Statesman. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Daily State Register on the 13th day of April, A. D. 1864, and in the Iowa Homestead April 20th, 1864, and in the Daily Iowa Statesman April 15th, 1864. JAMES WRIGHT, Secretary of State. CHAPTER 93. TREASURER'S CERTIFICATES OF PURCHASE OF LAND AT TAX AN ACT to amend Section 1 of Chapter 154 of the Acts of the 2134 and 2137 SECTION 1. Be it enacted by the General Assembly, of the State of Iowa, That Section 1 of Chapter 154 of out. the Acts of the Ninth General Assembly be amended 3716 and 3719 as follows, to-wit: Strike out 2134 and 2137, and in- inserted. sert instead thereof, 3716 and 3719. SEC. 2. This Act being deemed of immediate im- Take effect. portance by the General Assembly, shall take effect and be in force from and after its publication in the Iowa State Register and Iowa Homestead, newspapers published at Des Moines, Iowa. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Iowa State Register April 20th, A. Ď. 1864, and in the Iowa Homestead 20th April, A. D. 1864. JAMES WRIGHT, Secretary of State. ers. CHAPTER 94. TO COLLECT MONEY DUE SCHOOL FUND, AND PURCHASE THE AN ACT to provide for the collection of money due to the Permanent School Fund of the State of Iowa; for the purchase of the Capitol Building, and for the release of certain School Fund Securities, SECTION 1. Be it enacted by the General Assembly Commission of the State of Iowa, That the Census Board, together with the Attorney General of the State, be, and they are hereby constituted a Board of Commissioners for the purpose of carrying out the provisions of this Act, as hereinafter set forth. Evidence of debt. 6 per cent. SEC. 2. It is hereby made the duty of said Commissioners to proceed, as soon as practicable, to the collection of all notes and other evidences of debt now in the office of the Auditor of State, and known as the notes received by James D. Eads for money loaned out of the Permanent School Fund by the said Eads, during the time he was Superintendent of Public Instruction of the State of Iowa. SEC. 3. Said Commissioners shall have the authorPrincipal and ity to release any or all the obligors to the notes referred to in the second Section of this Act, by their paying the principal and six per cent. interest from the date of said notes. Said payments must be made on or before the first day of March, 1865, to entitle them to the benefits of this Section. Debtors. SEC. 4. Said Commissioners shall be, and they are hereby authorized to arrange with the parties interested for the purchase of the Capitol Building, and the release of all claims against such parties, upon the following terms, viz; When the said parties, to-wit: J. A. Wil liamson, W. A. Scott, J. D. Cavenor, J. M. and H. H. Griffiths, Alexander Shaw and T. K. Brooks, who, on or about the 26th and 27th days of June, 1856, borrowed of the School Fund of Iowa, through James D. Eads, Superintendent of Public Instruction, certain sums of money, shall cause a good and sufficient conveyance of the title, in fee simple, unencumbered, to lots eleven and twelve, in block six of Scott's Addition to Des Moines, together with the buildings thereon, and appurtenances-it being the building now used by the State for a Capitol, and the lots on which the same is situated -the sufficiency of which conveyance and title shall be determined by the Attorney General, and certified by his endorsement in writing thereon; then the said Commissioners shall assign, without recourse to the State in any event whatever, the several notes and mortgages Without regiven by the said parties for the said sums borrowed as aforesaid, to S. V. White, or such other person as the s. V. White. several parties may in writing request, for the use of the several parties interested therein: Provided, That course. the mortgage executed by W. A. Scott and Louisa Scott, W. A. & L. dated June 27th, 1856, to said James D. Eads, Super- Scott. intendent of Public Instruction, to secure the payment of eight thousand three hundred dollars, filed for record December 8th, 1856, and recorded in book "B," pages 205 and 206, together with the note of even date with said mortgage, and referred to therein, as made by W. A. Scott and James A. Williamson, for the said sum of Scott & Wileight thousand three hundred dollars; and the mort-liamson. gage executed by J. D. Cavenor, dated July 1st, 1856, to said Superintendent of Public Instruction, to secure J. D. Cav'nor the payment of four thousand one hundred and twentyfive dollars, filed for record and recorded June 16th, 1857, in book "G," page 460, together with the note of even date with said mortgage, and referred to therein as made by J. D. Cavenor and J. M. Griffiths, for the J. M. Griffiths sum of four thousand one hundred and twenty-five dollars; and also the mortgage executed by Ålexander Shaw, dated June 27th, 1856, to said James D. Eads, Superintendent of Public Instruction, to secure the payment of three thousand dollars, filed for record December 8th, 1856, and recorded in book "B," pages 195-6, together with the note of even date with said mortgage, and referred to therein as made by Alexander Shaw A. Shaw-J. and John W. Stanton, for the said sum of three thou- W. Stanton. sand dollars, shall not be assigned by said Commissioners, but the same shall remain the property of the State; and said Commissioners shall cause each of said mortgages, respectively, to be foreclosed by suit in the name and for the use of the State. Provided further, however, that the sale of block 4, Scott's Add. in W. A. Scott's Addition to Des Moines upon special execution issued upon judgment of foreclosure of the said mortgage and note executed by said W. A. Scott, shall operate as a release and satisfaction of the claims of the State to said note and mortgage or judgment rendered thereon, so far as the State is concerned; but such release by the State shall not in any manner be construed to operate as a satisfaction of the said note and mortgage or judgment rendered thereon, so as to Lands. prevent the collection and enforcement of the same by the person or persons to whom assigned by the Commissioners as hereinafter provided; and provided also, that the sale of the South-west quarter of Section No. 4, and the South-west quarter and south half of the North-west quarter of Section No. 15, and the West fractional half of Section No. 7, and the North fractional half of the North-west quarter of Section No. 18, and the West half of North-east quarter of Section No. 30, all in township No. 77, North of Range 25 West, in Warren County and State of Iowa, containing nine hundred and fifteen and 75-100 acres, upon special execution issued upon judgment of foreclosure of the said mortgage executed by the said J. D. Cavernor, shall operate as a full release and satisfaction of the claim of the State to said mortgage and note therein secured, or to any judgment rendered thereon; and provided also, that the sale of the North half of the Full release. South-west quarter of Section twenty-six, township 80, North of range 24, west, containing eighty acres, upon special execution issued upon judgment of foreclosure of said mortgage executed by the said Alexander Shaw, shall operate as a release and satisfaction of the claim of the State to said mortgage and note therein secured, or judgment rendered thereon, so far as the State is concerned; but such release by the State shall not in any manner be construed to operate as a satisfaction of the said note and mortgage or judgment rendered thereon, so as to prevent the collection and enforcement of the same by the person or persons to whom assigned by the said Commissioners as hereinafter provided; and after such foreclosure and sales the remaining interest of the State in said notes and mortgages respectively and to the judgments rendered thereon, shall be assigned by said Commissioners as hereinbefore provided, and such assignment shall fully convey to such person or persons to whom assigned the said notes, mortgages and judgments rendered thereon, and the same shall be held by the party or parties to whom assigned as unsatisfied subsisting claims and liens and may by them and each of them be held and enforced as such. Comm'r to assign. Foreclose mortgage. SEC. 5. The Attorney General is hereby authorized and directed to bid in for and in the name of the State of Iowa, at the said foreclosure sales, the said mortgaged premises particularly described in section 4 of this Act, and make return of the numbers and description thereof, to the Register of the State Land office. SEC. 6. Whenever it becomes necessary for the |