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SEC. 6. This act, being deemed of immediate impor- In force, when. tance, shall take effect from and after its publication in the Iowa State Register, and State Leader, newspapers published in Des Moines, Iowa.

Approved, March 29th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader April 2, and in The Daily Iowa State Register, April 3, 1872.

ED WRIGHT, Secretary of State.

CH. 61.]

CHAPTER XXI.*

[H. F. 178.

TEACHERS' AND CONTINGENT FUNDS.

AN ACT to Limit Taxation for Teachers' and Contingent Funds MARCH 29. in School-Districts.

to $5 per scholar.

Teachers do. to

SECTION 1. Be it enacted by the General Assembly 1862; ch. 172, of the State of Iowa, That the amount of tax levied under Bec. 31. section 31, chapter 172, acts of the Ninth General Assembly, shall hereafter be limited as follows: The amount Tax for continto be raised for "contingent fund" shall not exceed five gent fund limited dollars per scholar, and the amount raised for "teachers' "fund," including the amount received from the semiannual apportionment, shall not exceed fifteen dollars per scholar, for each scholar residing in the district- $15. township or independent district for which the tax is levied. The number of persons between the ages of five and twenty-one years, as shown by the last report of the Basis of compucounty superintendent, shall, for the purposes of this act, be deemed the number of scholars in each school-district. SEC. 2. The board of supervisors shall, at the time of levying the taxes for contingent and teachers' fund, certi- Board of superfied under said section 31, ascertain whether the amount so certified exceeds the limitation in this act contained, and, in case of any excess, they shall reduce the per centum of tax levied, until the amount shall come within said limitation.

tation.

visors to reduce tax in case of excessive levy.

SEC. 3. All acts and parts of acts, inconsistent with Repealing clause. this act, are hereby repealed.

SEO. 4. This act, being deemed of immediate impor- In force, when tance, shall be in force from and after its publication in

* See Chapter CXXXII.

the Iowa State Register and State Leader, papers published in Des Moines, Iowa.

Approved, March 29th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader, April 2, and the Daily Iowa State Register, April 5, 1872.

ED WRIGHT, Secretary of State.

CH. 62.]

CHAPTER XXII.*

[H. F. 150.

CIRCUIT COURTS.

MARCH 29.

1868; ch. 86.

A circuit judge

AN ACT to Amend Chapter Eighty-six of the Laws of the Twelfth General Assembly, and to Define the Powers and Jurisdiction of the Circuit Court.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the qualified electors of each judicial district of this State shall, at the next general election, and at the general election every fourth year thereto be elected in after, elect a Circuit Judge for each judicial district of this State, the votes for whom shall be on the same ballots with the State officers, shall be canvassed, returned, and certified in the same manner, and certificates of election issued in the same manner and by the same board of officers as is now required by law for district judges.

each judicial district.

Term of office.

In case of vacancy, Governor, to

SEC. 2. Said judges shall hold office for the term of four years, and until their successors are elected and qualified; and shall qualify in like manner as is now provided by law for district judges; and in case of a vacancy occurappoint tempora- ring in any district in the office of circuit judge, the Governor shall appoint a judge to fill such vacancy, who shall hold his office until the next general election, and until his successor is elected and qualified.

rily.

and

with that of dis

SEO. 3. The circuit court shall have and exercise conJurisdiction of current jurisdiction with the district court in all civil judge concurrent actions and special proceedings, but shall not have crimtrict court and inal jurisdiction. And each of said judges, when elected judge, except in and qualified, shall have and exercise the same power and jurisdiction in all civil matters as is now or may hereafter be exercised by any district judge in this State, and shall receive the same salary. The jurisdiction in probate bus

criminal cases.

Salary.

Probate business. iness shall not be e[a]ffected by this act.

*See chapter CXIII

cuit judges to

for holding

SEO. 4. The district judge of each judicial district, District and cirtogether with the circuit judge of his district, shall, on or designate times before the first Monday of December, 1872, and on or courts. before the first Monday of December of each alternate year thereafter, designate, by order made under their hands, the times of holding the terms of the district and circuit courts in each county of their districts, for the two years next ensuing the first day of January thereafter, which order shall be filed forthwith with the clerk of the district court of each county in such district, and which order or notice thereof shall be published in each county One term of each of said district; and at least one term of each court shall court in every be held in each organized county in the State.

county.

when.

SEC. 5. That part of this act relating to jurisdiction Act to take effect shall not take effect until the first Monday of January, 1873, but all the remaining provisions thereof shall take effect as provided by section twenty-five of the Revision of 1860.

circuits after

SEO. 6. From and after the first Monday of January, Boundaries of 1873, the boundaries of the circuits of this State shall be Jan. 1, 1878. the same as the boundaries of the districts, and shall be numbered the same as the districts.

SEO. 7. All acts or parts of acts, conflicting with this Repealing clause. act, are hereby repealed.

Approved, March 29th, 1872.

CH. 64.]

CHAPTER XXIII.

[S. F. 201.

THE BOARD OF IMMIGRATION.

AN ACT to Encourage and Promote Immigration to the State of APRIL 9.
Iowa.

of Immigration.

SECTION 1. Be it enacted by the General Assembly $10,000 approof the State of Iowa, That the sum of ten thousand priated to Board dollars, or so much thereof as may be necessary, which amount shall include the salary of the secretary, is hereby appropriated out of any money in the treasury not otherwise appropriated, to be audited and paid as claims may occur under the provisions of this act, orders to be drawn by the president and countersigned by the secretary of the Board: Provided, That no money ap- Proviso: no propriated by the provisions of this act, shall be paid as salary to agent.

1, amended,

a salary to any agent who may receive a commission as agent from the Board of Immigration.

SEC. 2. That section one of chapter thirty-four of the 1870: ch. 34, sec. laws of the Thirteenth General Assembly be hereby so amended as to read: "The Board of Immigration shall "be composed of five members, including the Governor "of the State, who shall be ex-officio president of the Governor presi- " Board, and shall appoint four members of said commisand to appoint 4 "sion, who shall hold for two years, and until their successors are elected and qualified."

dent of board,

members.

SEC. 3. This act, being deemed of immediate imporIn force, when. tance, shall take effect and be in force from and after its publication in the Iowa State Register and Daily Leader, newspapers published at Des Moines, Iowa. Approved, April 6th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader, April 6, and in the Daily Iowa State Register, April 7, 1872.

ED WRIGHT, Secretary of State.

APRIL 6.

article 2.

Сн. 65.]

CHAPTER XXIV. [H. F. 103.

PERMITS FOR THE SALE OF INTOXICATING LIQUORS.

AN ACT to Amend Article Two of Chapter Sixty four, Revision of 1860.

SECTION 1. Be it enacted by the General Assembly of Revision: ch. 64, the State of Iowa, That from and after the taking effect of this act, no person shall obtain a permit to buy and sell intoxicating liquors under the provisions of article two of chapter sixty-four of the Revision of 1860, and the acts amendatory thereto, unless said person shall first present to the court to which application for such permit Permits for sale is made, a certificate signed by a majority of the legal liquors must be voters of the township, city, or ward in which he desires accompanied by to sell said liquors, that he is a citizen of the county and majority of State, that he is of good moral character, and that they believe him to be a proper person to buy and sell intoxicating liquors for the purposes named in section 1575, of the Revision of 1860.

of intoxicating

certificate from

voters.

Revision: sec. 1575.

SEC. 2. Any person making application under article two, chapter sixty-four, of the Revision of 1860, and the

be filed, and to

court.

Condition of

same.

88% per centum.

acts amendatory thereto, for a permit to buy and sell in- Bond in $3,000 to toxicating liquors for the purposes therein named, shall be approved by first make and file a bond to be approved by the clerk of clerk district the district court in the county where application is made, in the sum of three thousand dollars, with two or more sureties who shall justify in double the amount of said bond, conditioned that he will carry out the provisions of all laws now or hereafter in force relating to the sale of intoxicating liquors, and which said bond shall run in the name of the county for the benefit of the school-fund. SEC. 3. No person having a permit to sell intoxicat- Profit limited to ing liquors under article two, chapter sixty four, of the Revision of 1860 and the acts amendatory thereto, shall sell the same at a greater profit than thirty-three per cent. on the cost of the same, including freights, and every person having such permit shall make, on the last Saturday Monthly return of every month, a return in writing to the auditor of the tor; county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same also to show what. the kind and quantity of liquors sold by him since the date of his last report, to whom sold, for what purpose, and at what price; also the kind and quantity of liquors remaining on hand, which report shall be sworn to by the person having the said permit, and shall be kept by the auditor, subject at all times to the inspection of the public.

by seller to audi

lation;

may be collected

SEC. 4. Any persons having the permit named here- Penalty or vioin, who shall sell intoxicating liquors at a greater profit than is herein allowed, or who shall fail to make monthly returns to the auditor as berein required, or shall make a false return, shall forfeit and pay to the school-fund of the county the sum of one hundred dollars for each and by any citizen. every violation of the provisions of this act, to be collected by civil action upon his bond by any citizen of the county, before any court having jurisdiction of the amount claimed, and for the second conviction under the Forfeiture of provisions of this act the person convicted shall forfeit his permit. permit to sell.

ized, and to

SEC. 5. It shall be unlawful for any persons holding sales to minors, a permit named herein, to knowingly sell, by agent or unless authorotherwise, any spirituous or other intoxicating liquors to drunken men, any minor for any purpose whatever, unless upon the unlawful. written order of his parent, guardian, or family physician, or to sell the same to any intoxicated person, or to any person who is in the habit of becoming intoxicated. And Penalty for vioany person violating the provision of this section, shall

io n.

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