Thousand Dollars, which, together with the Fifteen Thousand Dollars undrawn of the appropriation made by said Chapter fourteen, shall be under the control of Gensus Bo'rd the Census Board, to be disposed of as follows, viz: control. Report. Whenever the Fifteen Thousand dollars herein placed under the control of the Governor shall have been expended, the Census Board shall make such allowance out of the moneys in their control as they deem circumstances require, and the Governor shall report to the next regular session of the General Assembly a full statement of the disbursements of this appropriation, with proper vouchers therefor. SEC. 28. This Act being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register and Iowa Homestead, newspapers printed at Des Moines, Iowa. Approved February 29th, 1864. I hereby certify that the foregoing Act was published in the Iowa State Register and the Iowa Homestead on the 9th day of March, A. D. 1864. JAMES WRIGHT, Secretary of State. CHAPTER 33. SUPREME COURT REPORTER. AN ACT supplementary to an Act passed at the present session, entitled an Act to provide for reporting, publishing and distributing the Decisions of the Supreme Court of this State.' SECTION 1. Be it enacted by the General Assembly Explanatory of the State of Iowa, That section five of the Act passed at the present session of this General Assembly, entitled "an Act to provide for reporting, publishing and distributing the Decisions of the Supreme Court of this State," shall be construed as providing compensation to the Reporter therein mentioned, for the time he shall be in attendance during the terms of the Supreme Court at Davenport only, and not at the regular terms, anything in said section notwithstanding. Approved February 29th, 1864. CHAPTER 34. CONTESTED ELECTIONS. AN ACT to amend Chapter 37 of the Revision of 1860, in relation to contested Elections. SECTION 1. Be it enacted by the General Assembly Possession of of the State of Iowa, That in all cases coming before office. any court for the contesting of county elections under the provisions of Chapter 37 of the Revision of 1860, wherein either the contestant or incumbent shall be in possession of the office, by holding over or otherwise, Co. Judge's the County Judge shall, if the judgment be against the order. party so in possession of the office, and in favor of his antagonist, issue an order to carry into effect the judgment of the Court, which order shall be under the seal of the County Court, and shall command the Sheriff of the county to put the successful party into possession of the office without delay, and to deliver to him all books and papers belonging to the same, and the Sheriff shall execute such order as in cases of other writs. SEC. 2. The party against whom judgment is ren- Appeal. dered may appeal to the District Court, but if he be in possession of the office, such appeal shall not supersede the execution of the judgment of the Court, as provided in the preceding section, unless he give a bond with Bond. security, to be approved by the County Judge, in a sum to be fixed by the Judge, and which shall be at least double the probable compensation of such officer for six months, which bond shall be conditioned that he will prosecute his appeal without delay, and that if the judgment appealed from be affirmed, he will pay over to the successful party all fees, salary, compensation and perquisites, received by him while in possession of said office, and after the judgment appealed from was rendered. Judgment on SEC. 3. If upon appeal the judgment of the contesting Court be affirmed, the District Court may render bond. judgment upon the Bond, for the amount of damages against the contestant and his sureties on the Bond. SEC. 4. The successful party shall be sworn into Sworn in. office as soon as judgment is rendered in his favor by the contesting Court, in order to qualify him for taking possession in case an appeal is not perfected. SEC. 5. In all cases where judgments have hereto- Order shall fore been rendered, under said chapter 37 of the Revis- issue. der. ion of 1860, by any Court for contesting county elections, the County Judge shall, upon the application of the party in whose favor such judgment was rendered, issue his order for the enforcement of such judgment, as provided in section one, of this act, notwithstanding an appeal may have been taken, and the execution of such order shall be stayed only by giving bond as provided in the last section. Stay of exeSEC. 6. This Act being deemed by the General Ascution of or- sembly of immediate importance, 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. Approved March 2d, 1864. I hereby certify that the foregoing Act was published in the Iowa State Register and the Iowa Homestead on the 9th day of March, A. D. 1864. JAMES WRIGHT, Secretary of State. Bounties for enlistments, etc. CHAPTER 35. TAXES LEGALIZED. AN ACT to legalize certain taxes, heretofore levied by County SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all taxes heretofore levied by the County Board of Supervisors of any county in this State, to meet appropriations voted by such Board for the payment of Bounties for enlistments, and for the support of the families of persons in the military service of the United States, be and are hereby legalized. SEC. 2. This Act being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register and the Iowa Homestead, newspapers published at Des Moines. Approved March 2d, 1864. I hereby certify that the foregoing Act was published in the Iowa State Register on the 16th day of March, and in the Iowa Homestead on the 16th day of March, A. D. 1864. JAMES WRIGHT, Secretary of State. CHAPTER 36. TRUSTEES OF BLIND ASYLUM. AN ACT to amend Chapter 161 of the laws of the 9th General creased. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Hon. Norman W. Isbell, of Trustees inLinn county, Hon. Rush Clark, of Johnson county, Hon. James McQuinn, of Benton county, be and are hereby constituted additional members of the Board of Trustees of the Asylum for the Blind, whose term of service shall expire February 1st, 1866, and their Term. successors shall be chosen by the Legislature, for the term of four years. SEC. 2. The term of service of the existing Trus- Term. tees shall expire February 1st, 1868, and their successors shall be chosen by the Legislature for the term of four years. SEC. 3. Members of the Board of Trustees, re- Mileage. siding more than ten miles from the Institution, shall be allowed ten cents per mile to and from their place of meeting, which shall be paid out of the funds of the Institution, for attendance at the quarterly and annual meetings of the Board of Trustees. Approved February 27th, 1864. CHAPTER 37. LEAD MINES. AN ACT to encourage Lead Mining in the State of Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any person, company, or corporation, who shall by machinery, such as engines or pumps, or by making drains or adit levels or in any other way rid any lead bearing mineral lands or lead mines of water, thereby enabling the miners and the owners of the mineral interest in said lands to make them productive and available for mining purposes, shall be entitled to receive one-tenth of all the lead mineral taken from said lands as compensation for said drainage. Compensat 'n for draining. Miners give one-tenth. SEC. 2. It shall be the duty of the owner or owners of the mineral interest in said lands, and of the person or persons mining upon and taking lead mineral from said lands jointly and severally to set apart and deliver from time to time when demanded the said one-tenth part of said lead mineral taken from said lands to the person, company or corporation entitled thereto as compensation for drainage. And it shall also be the duty of the Rights of parties draining. Owner or owners of the mineral interest in said lands and of the person or persons mining cr taking lead mineral from said lands, to allow the party entitled to such drainage compensation, and the agents of said party at any and all times, to descend into and examine said mines and to enter any building occupied for mining purposes upon any of said lands and to examine and weigh the mineral taken therefrom. May sue and recover. Judgment may be for double am't due. Notice to smelters. tice. SEC. 3. Upon the failure or refusal of any owner or owners of the mineral interest in said lands or of any person or persons taking the mineral therefrom to comply with provisions of the second Section of this Act, the person, company or corporation entitled to said compensation for drainage may sue for, and recover the value of said mineral in any court of competent jurisdiction. And upon the hearing of any such case if it shall appear that the defendant or defendants, obstructed the plaintiff in the exercise of the right to examine the said mines, and to weigh said mineral, or concealed or secretly carried away any mineral taken from said lands the Court shall render judgment for double the amount proved to be due from such defendant or defendants. SEC. 4. The person, company or corporation entitled to said drainage compensation, may at any time, leave with any smelter or smelters of lead mineral in this State, a written notice stating that said person, company or corporation claim of the person or persons named in said notice the amount to which said person, company or corporation may be entitled under the proEffect of no- visions of this Act, which notice shall have the effect of notices in cases of attachment by garnishment, and also authorize the said smelter or smelters to retain, for the use of the parties entitled thereto, the one-tenth part of the mineral taken from said land and received from the person or persons named in said notice; Provided, That the payment or delivery of the one-tenth part of the mineral taken from any of said lands by any one of the persons or parties whose duty it is made by this Act to pay or deliver the same, shall discharge Proviso. |