SEC. 2. Clerks shall be entitled to receive for each Fees. certificate under the seal of the District Court, when attached to any such application or other paper, ten cents only. SEC. 3. This Act being deemed by the General Assembly of immediate importance, shall take effect and be in force from and after its publication in the State Register and Iowa Homestead, newspapers published in Des Moines, Iowa. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Daily JAMES WRIGHT, Secretary of State. Take effect. CHAPTER 89. RELIEF OF SOLDIERS' FAMILIES. AN ACT for the relief of the families of Soldiers and Marines in SECTION 1. Be it enacted by the General Assembly of 2 mills on the SEO. 2. It shall be the duty of the Assessors in the Assesors to several wards and townships in this State, before the take list. first Monday of June, 1864, and when they are making the assessment of 1865, to take an enumeration, by name, of all the soldiers and marines having families, who are in the service of the United States, and of the families of those who have been in such service and are dead or disabled, in their several wards and townships of this State, naming their company, regiment, battery, battalion or organization, and make accurate returns to the Board of Supervisors of their respective counties, designating the name, sex and age of the several mem Compensat 'n bers of such families, and naming such as are, in his opinion, entitled to aid, and for which he shall receive the same compensation as for other services. It shall B'd to revise, be the duty of such Board of Supervisors to revise the same, inserting such names as may have been omitted. SEC. 3. It shall be the duty of the Clerk of the nish blanks. Board of Supervisors to furnish to the Assessors of their respective counties such blanks as may be necessary for taking the aforesaid enumeration. Board to fur Board to have control. SEC. 4. The Board of Supervisors of the several counties respectively, shall have control of said funds for the purposes named in this Act, when paid into the county treasuries, and shall distribute the same as they may deem proper for the relief of the families Only $150 in herein provided for: Provided, That not more than one hundred and fifty dollars shall be paid to any one family in one year. No money raised under the provisions of this Act shall be used by said Board of Supervisors for any other purpose than for the relief of such families. one year. Distributed SEC. 5. The relief provided for in this Act shall, in June, 1864. by the several County Boards of Supervisors, be distributed from and after the meeting of said Board of Supervisors in June, 1864, and all special funds heretofore raised in any county in this State, for the relief of soldiers' families, shall, from and after that time, be a part of the funds herein provided for. Treasurer to borrow. Relief Fund. Family defined. SEC. 6. To anticipate the receipts which may come into the county treasuries by virtue of the tax levied under and by the authority of this Act, the county treasurers are hereby authorized and required to borrow from time to time, as may be necessary, such sums of money as shall not exceed, in the aggregate, threefourths of the tax levied in any such county by virtue of this Act, and may to that extent, temporarily transfer money from any other fund or funds, (except the school funds.) The money so borrowed shall be repaid out of the funds herein provided for, when paid into the county treasury. SEC. 7. The funds raised under the provision of this Act shall be known as "The Relief Fund," and the warrants drawn thereon shall be the same in all respects, as ordinary county warrants, and governed by the same rules, except that they shall name the fund on which they are drawn. SEC. 8. The word family, as used in this Act, shall be construed to mean only a wife, dependent children under the age of twelve years, brothers and sisters under the age of twelve years, and aged and infirm dependent SEC. 9. 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 Homestead and Iowa State Register, newspapers pub lished at Des Moines, Iowa. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Iowa JAMES WRIGHT, Secretary of State. CHAPTER 90. HOLDING COURT-THIRD DISTRICT. Former Acts AN ACT to amend and explain an Act passed by the Tenth Gen- At Sidney, in Fremont county, on the third Monday Sidney. year. At Glenwood, in Mills county, on the third Monday Glenwood. in April and October in each year. At Council Bluffs, in Pottawattamie county, on the Council B'lffs first Monday in May and November in each year. SEC. 2. All suits, pleadings, processes and proceed- Pleadings, ings pending in any of said Courts, and returnable at processes, &c. the terms now fixed by law, shall be deemed pending not affected. and returnable at the terms as fixed by this Act; and no suit, notice, recognizance, indictments or other pro- SEC. 3. All acts and parts of Acts inconsistent with Repeal. Take effect. SEC. 4. This Act being deemed by the General Assembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa Homestead and Iowa Statesman, newpapers published at Des Moines. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Iowa Homestead A. D. 1864, and in the Iowa Statesman April 15th, A. D. 1864. JAMES WRIGHT, Secretary of State. way. CHAPTER 91. COAL MINES. AN ACT granting a right of way to open and drain Coal Mines. SECTION 1. Be it enacted by the General Assembly Application of the State of Iowa, That any person owning or posfor right of sessing any land underlaid with Coal Mines in any County within this State, who is desirous of mining the said coal, and who shall deem it necessary thereto to have a coal yard and wagon road upon, and entry and drain through and under the surface of any land belonging to any other person, may apply to any Justice of the Peace residing in the Township where the lands are located, or if there be no Justice in said Township, to any Justice in an adjoining Township, for such summons as is herein specified. Summons. Service of SEC. 2. The Justice to whom such application shall be made, shall thereupon issue a summons directed to any Constable of the said Township, requiring the owner of said land to appear before him at the time named therein, which shall be in not less than six nor more than fifteen days, to answer said application. Said summons shall designate the land upon which said coal yard and wagon road are desired to be laid out, and through and under the surface of which the said entry and drain are proposed to be made, and shall be served by the Constable in the same manner that civil process, issued by a Justice, is now served; and should it be made to appear to said Justice that the owner of said land is non-resident, then said owner shall be served by publication in the same manner as parties defendant in Justices' Courts, that are non-residents, are now served. SEC. 3. On the appearance day a jury of six disin- Selection of terested persons, possessing the necessary qualifications Jurors. of jurors of the District Court, shall be selected as follows, viz: two by each of the parties, and two by the Justice, Provided, That in case the owner of the lands, his Agent or Attorney, shall neglect or refuse to appear or the owner of said lands shall appear to be a non-resident, then the applicant shall select three jurors, and the Justice three; and the Justice shall thereupon issue his precept to some Constable of the Township, directing Justice's prehim to summon the Jurors selected as aforesaid, to appear forthwith before him. The said Justice shall administer to said Jurors, an oath or affirmation, to well Oath. and truly examine into the necessity for the coal yard, and wagon road, and entry and drain applied for; and that if they shall deem the same necessary, that they shall proceed to lay out the same and certify the damages resulting therefrom. cept. Laying out. SEC. 4. The jury thus qualified and sworn shall per- Examination sonally examine the premises, and after hearing any of premises. reasons which may be offered by the parties in regard to the opening of said entry and drain, and making said coal yard and wagon road, if they shall thereupon be satisfied that the opening of the entry and drain, and the making of said coal yard and wagon road are necessary and proper in order to mine said coal, they shall proceed to lay out the same by proper metes and bounds; and if they shall deem it necessary they may call to their aid a competent Surveyor. Provided, That in no case shall the entry and drain be more than twenty-five feet in breadth. Report of SEC. 5. The jury shall make a written report which The jury shall also certify the amount of damages, Certificate of in writing, signed by at least four of the jurors, which damages. shall also be filed with the Justice. SEC. 6. Either party may appeal from the decision Appeal. |