order may be addressed shall appear, there [then] in his or her presence, or if he or she shall fail to appear, then in the presence of some suitable person whom the said judge shall appoint as guardian ad litem, it shall and may be lawful for said judge to proceed to take voluntary examination of said boy or girl, and to hear the statements of the party appearing for him or her, and such testimony in relation to the case as may be produced, and if upon such examination and hearing Examination the said judge shall be satisfied that the boy or girl is and hearing. a fit subject for the State Reform School, he may com- Commitment. mit him or her to said school by warrant.

contain.

SEC. 15. The judge shall certify, in the warrant, What the the place in which the boy or girl resided at the time warrant must of his or her arrest, also his or her age as near as can be ascertained, and command the said officer to take the said boy or girl, and deliver him or her, without delay, to the Superintendent of said school, or other person in charge thereof, at the place where the same Judge's ceris established; and such certificate, for the purpose of tificate conthis act, shall be conclusive evidence of his or her resi- clusive as to dence or age. Accompanying this warrant the judge shall transmit to the superintendent, by the officer executing it, a statement of the nature of the com- Statement. plaint, together with such other particulars concerning the boy or girl as the judge is able to ascertain.

SEC. 16. If the judge is of the opinion that the boy

or girl is not a fit subject for the school, or if said boy

residence or

age.

or girl shall appeal from the decision of the court in Appeal. which the conviction was had, he shall remand him or Remanded. her to the custody of the officer who had him or her in charge, to be returned to the magistrate before whom the conviction was had, to be dealt with according to law.

parent or

to school.

SEC. 17. If any parent or guardian shall make Vagrant, &c., complaint to a county judge or judge of a court of youth, on record, that any boy or girl, the child or ward of such complaint of parent or guardian, is habitually vagrant or disorderly, guardian, or incorrigible, it shall and may be lawful for said may be sent judge to issue a warrant to the sheriff or constable to cause said boy or girl to be brought before him at such time and place as he may appoint, when and where said judge shall examine the parties, and if in his judgment the boy or girl is a fit subject for the Reform School he may issue an order with the consent of the said parent or guardian indorsed thereon, to be executed by a sheriff or constable, committing said boy or girl to the custody of the superintendent of said school

vided for.

for reformation and instruction till he or she shall Proviso: ex- attain the age of majority: Provided, That security for penses pro- the payment of the expenses of said complaint, commitment, and of carrying said boy or girl to the Reform School, and the expenses of board at such school, may, in the discretion of said judge, be required of said parent or guardian.

Commitment

jority.

SEC. 18. No boy or girl shall be committed to said not to extend Reform School for a longer term than until he or she beyond ma- attain the age of majority, but the said trustees, by their order, may at any time, after one year's service, Discharge for discharge a boy or girl from said school, as a reward of good conduct in the school, and upon satisfactory evidence of reformation.

good con

duct.

mates of

school.

SEC. 19. Any boy or girl committed to the State Care of in- Reform School shall be there kept, disciplined, instructed, employed, and governed, under the direction of the trustees, until he or she arrives at the age of majority, or is bound out, reformed, or legally discharged. The binding out or discharge of a boy or girl as reformed, or as having arrived at the age of majority, Release from shall be a complete release from all penalties incurred penalties. by conviction of the offense for which he or she was committed.

Trustees may remand incorrigible

youth to co.

SEC. 20. If any boy or girl, convicted of a felony, committed to the Reform School, shall prove unruly or incorrigible, or if his or her presence shall be manifestly and persistently dangerous to the welfare of the school, the trustees shall have power to order his or her removal to the county from which he or she came, and delivery to the jailor of the said county, and proceedings Proceedings against him or her shall be resumed, as if no warrant or order committing him or her to the Reform School had been made.

resumed.

Assisting to escape from school pun

ished.

SEC. 21. Every person who unlawfully aids or assists any boy or girl lawfully committed to the Reform School in escaping or attempting to escape therefrom, or knowingly conceals such boy or girl after his or her escape, shall be punished as provided by section 4293 of the Revision of 1860.

SEC. 22. For the purpose of immediately opening Trustees to said school, the trustees thereof shall accept the propolease White's sition of the trustees of White's Iowa Manual Labor Manual Labor Institute. Institute made to the General Assembly, and lease for such term as they shall agree, not more than ten years, the lands, buildings and appurtenances belonging to said Manual Labor Institute, and at once proceed to prepare for and open a Reform School thereon as soon as possi

school to be

ble, as a temporary establishment; and when so open, Advertisem 't the fact shall be published by said trustees in one news of opening of paper in each county in the State in which a newspa made in per is printed, whereupon those provisions of this act counties. authorizing the commitment of persons to said school shall take effect; and it shall be lawful for the trustees. of said Reform School and warden of the Penitentiary, in their discretion, upon the consent in writing Removal of of any convicts in said Penitentiary, of the proper age, convicts from to remove such convict to said Reform School; and penitentiary. when the permanent school shall be established and ready for opening, the said trustees shall remove and transfer those persons at the temporary establishment to the permanent school, and all subsequent commitments shall be made to said permanent school; and for Removal to the purpose contemplated by this section there is appro- permanent priated the sum of fifteen thousand dollars, or so much school. thereof as may be found necessary, to be expended in discharging the expenses incurred, and in repairs and improvements made on, and liquidating a small indebtedness, not exceeding the sum of twenty-five hundred Appropriadollars, of said Manual Labor Institute, incurred in tion: $15,000. building the school edifice on said lands: Provided, Proviso. That the making of the improvements and payment of the money contemplated by this act shall be under the exclusive control of the trustees of the Reform School.

SEC. 23. This act shall take effect and be in force Taking effect. from and after its publication in the Daily State Register and Iowa Evening Statesman.

Approved March 31, 1868.

I hereby certify that the foregoing act was published in the Daily State Register April 4, 1868, and in The Iowa Evening Statesman April 4, 1868.

ED WRIGHT, Secretary of State.

CHAPTER 60.

NOTARIES PUBLIC.

AN ACT Relating to the Qualification of Notaries Public.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the certificate of the clerk of the district court to the Secretary of State, showing

APRIL 1.

Certificate of the qualification of a notary public, shall have thereon qualification of N. P. must an impression of the seal of such notary, and the Sec have impres- retary of State shall acknowledge the receipt of such sion of seal. certificate, and in such acknowledgment shall state Secretary to whether such seal conforms to the law; and the clerk, notify Clerk D. C. of im. on receiving such acknowledgment, with a statement proper seal. that such seal does not conform to the law, shall notify Clerk to no- such notary of that fact, and it shall be the duty of such tify N. P. N. P. not to notary to procure a seal in accordance with the law; and until he procure such seal he shall not act as a notary public.

act.

Approved April 1, 1868.

CHAPTER 61.

INCORPORATION OF TOWNS AND CITIES.

APRIL 1. AN ACT to Provide for the Incorporation of Towns or [and] Cities.

SECTION 1. Be it enacted by the General Assembly Incorporati'n of the State of Iowa, That no town or city shall hereof towns and after be incorporated in the State of Iowa in any other cities. manner than as herein provided. None of the provisExisting cit- ions of this act shall apply to cities or towns already ies & towns. incorporated.

Petition.

SEO. 2. When the inhabitants of any part of any county, not embraced within the limits of any city or incorporated town, shall desire to be organized into a city or incorporated town, they may apply by petition in writing, signed by not less than thirty of the qualified voters of the territory to be embraced in the proposed city or incorporated town, to the county court of the Description proper county, which petition shall describe the territory of territory. proposed to be embraced in such city or incorporated Мар. town, and shall have annexed thereto an accurate map or Name. plat thereof, and state the name proposed for such city or incorporated town, and shall be accompanied with Population. satisfactory proofs of the number of inhabitants within. the territory embraced in said limits.

SEC. 3. When such petition shall be presented, the Court to ap- court shall forthwith appoint five commissioners, who point com- shall at once call an election of all the qualified electors residing within the territory embraced within said limits, as described and platted, to be held at some con

missioners.

Election.

lished.

venient place within said limits, the notice for which Notice pubshall be given by publication in some newspaper published within said limits (if any there be), and by posting notices in five public places within said limits, not less than three successive weeks preceding such election. Such notices shall specify the place and time of What notice such election, and a description of the limits of said must specify. proposed town or city, and that a description and plat thereof are on file in the office of the county judge. Conduct of Said commissioners shall act as judges and clerks of election. election, and shall qualify as required by law for judges and clerks of township elections, and shall report the result of the ballot to the county judge aforesaid. The ballot used at such election shall be, "For incorporation," "Against incorporation.'

no

tice of favor

SEC. 4. If at said election a majority of said ballots Co. judge to shall be cast for incorporation, the county judge shall publish immediately give notice of the result in a newspaper, able result. (or if there be none, by posting) as aforesaid, and shall state in such notice to which of the classes, as named in Rev. § 1078. section 1078 of the Revision of 1860, said incorporated Class. town or city belongs; and said county judge shall Notice inindorse on said petition the substance of the last-men- petition. tioned notice; and said petition so indorsed, together Filed in rewith the description and plat, shall be filed and corder's of recorded in the recorder's office of the proper county, Filed in Secand also a copy of the same shall be deposited with the retary's office Secretary of State.

dorsed

fice.

on

SEC. 5. So soon as said record shall be made, and said copy deposited as required in section four, and the election and qualification of officers hereinafter provided shall have taken place, the inhabitants within the Commencelimits described in said petition shall be deemed an incorporated town or city, as the case may be, and notice of its existence as such shall be taken in all judicial proceedings in the State.

ment of incorporation.

officers.

SEC. 6. When the record mentioned in section four hereof shall have been made, said commissioners shall Notice of immediately give public notice by publication two con- election of secutive weeks in some newspaper (if any there be) published within the limits of such town or city, and also by posting up notices in five public places in said town or city, of the time and place of holding the first

election for officers thereof. Said commissioners shall Conduct of preside at said election in the same manner as judges and election. clerks of township elections, and said olection shall be conducted and the officers elected and qualified in the