tion, removal from the city, or otherwise, it shall be the duty of the council, as soon as may be, to appoint some suitable person having the requisite qualifications, to fill such vacancy, and the person so appointed shall continue in office during the remainder of the term for which his predecessor was elected; and in case of sickness or temporary absence of the mayor, the du-[109]-ties of his office, during such sickness or temporary absence, shall be discharged by the president pro tem., who shall be obeyed and respected accordingly.

SEC. 12. Further powers and duties of council. That the said city council shall have power, and it is hereby made their duty, to make and publish from time to time, all such ordinances as shall be necessary to secure said city and the inhabitants thereof against injuries by fire, thieves, robbers, burglars and all other persons violating the public peace; for the suppression of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious behavior in the streets and other public places in said city; they shall have power from time to time to make and publish all such laws and ordinances as to them shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of said city and the inhabitants thereof; to impose fines, forfeitures and penalties on all persons offending against the laws and ordinances of said. city, and provide for the prosecution, recovery and collection thereof; and shall have power to regulate by ordinance the keeping and sale of gun-powder within. the city.

SEC. 13. Fire companies-wharfage, etc. That the city council shall have power to establish and organize all fire companies and provide them with proper engines, and such other instruments as shall be necessary to extinguish fire and preserve the property of the inhabitants of said city from conflagration, and they shall have power to establish and constitute landing places, wharves, docks and basins in said city, at or on any of the city property, and fix the rates of landing, wharfage and dockage of all steamboats, boats, rafts, and other water crafts, and of all goods, wares, merchandise, produce and other articles that may be moored at, landed on, or taken from any landing, wharf, dock, or basin belonging to said city.

SEC. 14. Security against fire. That, for the purposes of more effectually securing said city from the destructive ravages of fire, the said city council shall have power and authority on the application of three-fourths of the whole number of owners and proprietors of any square or fractional square in said city, to prohibit in the most effectual manner, the erection of any building or the addition to any building before erected more than ten feet high in any such square or fractional square, except the outer walls thereof shall be composed entirely of brick or stone and mortar, and to provide for the most prompt removal of any building or addition to any building which may be erected contrary to the true intent and meaning of this section.

SEC. 15. To regulate taverns, etc.-public shows-ferries-license to retail liquors exhibitions-auctions. That the city council shall have power, and it is hereby made their duty to regulate by good and wholesome laws and ordi[110]-nances all taverns, ale, beer, cider and porter shops, and places where spirituous liquors are sold in less quanties than one gallon, and all other houses of public entertainment in said city; all theatrical exhibitions and public shows, and all exhibitions of whatever name or nature to which admission is obtained on the payment of money or any other reward; to license and establish ferries across the Mississippi river from said city to the opposite shore, to fix the rates of the same, and to impose reasonable fines and penalties for the violation of any such laws and ordinances. And the city council shall have full and exclusive power to grant or refuse license to tavern keepers, inn holders, retailers of spirituous liquors by less quantities than one gallon, keepers of ale, porter,

cider, beer houses and shops, and all other houses of public entertainment, showmen, keepers, and managers of theatrical exhibitions, and other exhibitions for money or other reward, auctioneers for the sale of goods, wares and merchandise, horses and other animals at public auction, keepers of billiard tables, ball and ten pin alleys, and keepers of ferries from said city across the Mississippi river to the opposite shore; and in granting any such license it shall be lawful for said city council to exact, demand and receive such sum or sums of money as they shall think reasonable and expedient; to annex thereto such terms and conditions in regard to time and place and other circumstances under which such license shall be acted upon, as in their opinion the peace, quiet and good order of society and said city may require, and for the violation of said terms and conditions as aforesaid, the city council shall have power to revoke or suspend any such license whenever the good order and welfare of said city may require it, in such manner as shall be provided by ordinance.

SEC. 16. Nuisances—stagnant water-sale of lots-proviso. That the city council shall have power, and they are hereby authorized, to require and compel the abatement and removal of all nuisances within the limits of said city, under such regulations as shall be prescribed by ordinance; to cause all grounds therein where water shall at any time become stagnant, to be raised, filled up, or drained, and to cause all putrid substances of either animal or vegetable to be removed; and to effect these objects, the said city council may, from time to time, give order to the proprietor or proprietors, or to his, her, or their agent or agents, and to the non-resident proprietors who have no agents therein, notice by publication in one or more of the newspapers printed in said city, for the period of two weeks, of all or any ground subject at any time to be covered with stagnant water, to fill up, raise or drain such ground at their own expense, and the said city council shall designate how high such grounds shall be filled up and raised, or in what manner they shall be drained, and fix some reasonable time for [111] filling up, raising or draining the same, and if such proprietor or proprietors or agents shall neglect or refuse to fill up, raise or drain such grounds in such manner and within such time as the said city council shall have designated and fixed, they shall cause the same to be done at the expense of the city, and assess the amount of the expenses thereof on the lot or lots of ground so filled up, raised or drained as aforesaid, and place the assessment so made as aforesaid, in the hands of the city collector, who shall proceed to collect the same by the sale of such lot or lots, if not otherwise paid, in such manner and under such restrictions and regulations as may be prescribed by ordinance: provided, the proprietor or proprietors shall have the privilege and right to redeem such lot or lots within one year after such sale, by paying to the purchaser or purchasers the amount by them paid, together with ten per cent. interest thereon.

SEC. 17. As to streets and highways-hogs, etc., running at large-carts and drays. That said city council shall have the exclusive power of appointing supervisors and other officers of the streets and highways within the said city, and if collected in money or labor, any sum not exceeding one dollar annually, as a road tax, from each and every person liable by law to pay such tax or labor on the highways; they shall have the power whenever the public convenience or safety shall require it, to prohibit hogs, cattle, horses and all other animals from running at large in the streets, lanes, alleys, commons and other public places in said city; they shall have power to license and regulate all carts, wagons and drays, and every description of two and four wheeled carriages which may be kept in said city for hire, and all livery stables, brokers and loan offices.

SEC. 18. Public schools. That said city council shall have power, whenever they deem it expedient, to provide for the establishment and support of public schools within said city, and to pass all ordinances necessary and proper for the good government of the same.

SEC. 19. Moneys, where paid-how drawn-duty of council as to claims, etc.-to pass laws. That all moneys raised, recovered, received or collected by means of any tax, license, penalty, fine, forfeiture, or otherwise, under the authority of this act, or which may belong to said city, shall be paid into the city treasury, and shall not be drawn therefrom except by order or under the authority of the city council; and it shall be the duty of the city council to liquidate and settle all claims and demands against said city, and to require all officers, agents or other persons intrusted with the disbursement or expenditure of the public money, to account to them therefor, at such time and in such manner as they may direct; and they shall annually publish, for the information of the citizens, a particular statement of the receipts and expenditures of all public moneys belonging to said city, and also, of all debts due and owing [112] to and from the same. And the city council shall have power to pass all such laws and ordinances as may be necessary and proper to carry into effect the powers herein and by this act granted.

SEC. 20. To be published. That every law or ordinance of said city, before it shall be of any force or validity, or in any manner binding on the inhabitants thereof, or others, shall be signed by the mayor and published in one or more newspapers in said city at least six days.

SEC. 21. Term owner. That, for the purpose of opening or improving any street, lane, alley, market space, public landing or common, or other purposes, the term owner or owners, used in this act, is hereby declared to mean any person or persons who may own any lease upon lands for any term not less than ninety-nine years, renewable forever, on any freehold estate, either for life or otherwise, upon any ground to be affected by partition; and tax levied shall be a lien upon the real estate upon which it may be assessed, from the time. of filing such petition until it shall be fully paid and satisfied.

SEC. 22. Powers of council as to wharfs, etc. The city council shall have exclusive power to establish and regulate the grade of wharfs, streets and banks along the Mississippi river, within the corporate limits of said city.

SEC. 23. Powers and duties of justices-offenders liable for costs when paid by the corporation-style of process-how executed-commitment to jail-duty of jailer-expenses, how paid-fees. Any justice of the peace within said city shall have full power and authority, and it is hereby made their respective duties, at such times as complaint and application shall be duly made before either of them, to issue all needful process for the apprehension of offenders against any of the by-laws, ordinances or regulations of said city, and to hold a court for the trial of all offenses within the said city, and the same to fine, imprison or discharge, as the by-laws, ordinances and regulations of said city and the facts of the case may require; and for that purpose, they and each of them are authorized and required to cause to come before them, when necessary, a jury of six citizens of said city, who shall be qualified voters of said city. And all such offenders, on conviction, shall be liable for the costs of prosecution, and judgment shall go accordingly; and in cases of acquittal, the same shall be paid by the corporation, having first been allowed by the city council; and all process in behalf of said city shall run in the name of the state of Iowa, for the use and benefit of said city, and shall otherwise conform to the requisitions and provisions that may be made by the city council, and shall be executed and returned by the marshal or any constable within said city; and until other provisions shall be made by the city authorities, it shall be lawful to commit all offenders against said by-laws, ordinances and regulations, on conviction, to the jail of Dubuque

county. And in case where a portion or all of the punishment shall be imprisonment, the keeper of said jail is hereby required to receive [113] such person or persons, on the proper warrant of the justice of the peace, into his custody, in the same manner as in ordinary cases; and all expenses of such imprisonment, in cases where the same cannot be collected from the person or persons convicted and imprisoned, shall be paid out of the city treasury. The fees of the justices of the peace, marshal, constables, or jurors, in such cases, shall be the same as are allowed by the statute in similar cases for the state of Iowa.

SEC. 24. Trials-fines, etc., over $20. That all trials for the violation of the by-laws, ordinances and regulations, shall be in a summary manner, and that no person shall for any offense be deprived of his or her liberty, or be fined in any sum greater than twenty dollars, unless convicted by a jury of six citizens of said city, qualified to vote as aforesaid.

SEC. 25. As to property of the city-proviso as to selling. That the said city council shall have the custody, care and management of all real, personal and mixed estate, and other corporate property of said city, and all the real, personal and mixed estate, money, funds and resources which, from time to time, may be owned by, or of right belonging to said city, with full power to purchase, hold, possess, use and occupy, and to sell and convey the same for the use and benefit of the said city and the inhabitants thereof: provided, that the city council shall not have power to sell any real estate belonging to the said city of Dubuque, unless the qualified voters thereof, in pursuance of ten days' previous notice given by order of the city council and published in one or more of the newspapers printed in said city, setting forth the time, place and purpose of voting, and there shall be a majority of written or printed ballots given expressing their assent thereto.

SEC. 26. Taxes proviso as to amount-tax on dogs, etc.-improvement of streets, etc. That, to defray the current expenses of said city, the city council shall have power to levy and collect taxes on the real and personal property therein: provided, that the amount of taxes shall not in any one year exceed the sum of twenty-five cents on each one hundred dollars worth of property taxed. They shall also have power, whenever in their opinion the interests of said city shall require it, to levy and collect a tax on dogs or other domestic Animals not included in the list of taxable property for territorial [state] and county purposes, which said taxes shall be collected by the city collector and paid into the treasury in such a manner and under such restrictions and regulations as may be prescribed by ordinance; the city council shall have power to cause to be opened, paved or re-paved, or improved, any street, lane, alley, market space or public landing on petition of not less than two-thirds of the number of owners of any square or parts of square of said city, boundary or abutting on such street, lane, alley, market space or public landing so to be opened, paved, re-paved or improved; and to levy and collect a special tax for defraying the costs and expenses of the [114] same, by an equal assessment on the first front boundary and abutting as aforesaid.

SEC. 27. As to borrowing money. That whenever, in the opinion of the city council, it is expedient to borrow money for any public purpose, the question shall be submitted to the citizens of Dubuque, the nature and object of the loan shall be stated, and a day fixed for the electors of said city to express their wishes; the like notice shall be given as in cases of election, and the loan shall not be made unless two-thirds of all the votes polled at such election shall be given in the affirmative.

SEC. 28. This act to be evidence. That this act shall be taken and received in all courts, and by all judges, magistrates and other public officers, as a public act, and all printed copies of the same which shall be printed by or under the authority of the senate and house of representatives, shall be admitted as good authority thereof without any other proof whatsoever.

SEC. 29. Repealing section. That all acts and parts of acts heretofore passed relative to the incorporation of said city of Dubuque, and coming within the purview of this act, be, and the same are hereby repealed.

Approved, February 24th, 1847.

CHAPTER 83.

COUNTY BOUNDARIES.

AN ACT to establish the boundaries of certain counties therein named.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Ringgold county. That the following shall be the boundaries of a new county to be called Ringgold, to-wit: Beginning at the northwest corner of Decatur county; thence west, to the northwest corner of township seventy north, of range thirty-one west; thence south to the north boundary of the state of Missouri; thence east to the southwest corner of Decatur county; and thence north to the place of beginning.

SEC. 2. Taylor county. That the following shall be the boundaries of a new county to be called Taylor, to wit: Beginning at the northwest corner of Ringgold county; thence west, to the northwest corner of township seventy north, of range thirty-five west; thence south to the north boundary of the state of Missouri; thence east to the southwest corner of Ringgold county; and thence north to the place of beginning.

SEC. 3. Page county. That the following shall be the boundaries of a new county to be called Page, to wit: Beginning at the northwest corner of Taylor county; thence west to the northwest corner of township seventy north, of range thirty-nine west; thence south to the north boundary of the [115] state of Missouri; thence east to the southwest corner of Taylor county; thence north to the place of beginning.

SEC. 4. Fremont county. That the following shall be the boundaries of a new county which shall be called Fremont, to wit: Beginning at the northwest corner of Page county; thence west to the western boundary of the state of Iowa; thence south, along said boundary line, to the north boundary of the state of Missouri; thence east to the southwest corner of Page county; and thence north to the place of beginning.

Approved, February 24th, 1847.

CHAPTER 84.

NEW COUNTIES.

AN ACT for the organization of Pottawatamie and other counties.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Pottawatamie county may be organized. That the country embraced within the limits of what is called the Pottawatamie purchase, on the waters of the Missouri river, in this state, be, and the same may be, temporarily organized into a county, by the name of Pottawatamie, at any time when, in the opinion of the judge of the fourth judicial district, the public good may require such organization.

SEC. 2. Special election. That there shall be a special election held in said county, at such time as may be appointed by the judge of the fourth judicial