the parties liable jointly with him, except their liability to contribute among themselves.

SEC. 5. Any person, company or corporation, en- Right of way. gaged, as aforesaid, in draining such mines and lead bearing mineral lands, whenever he or they shall deem it necessary for the prosecution of their work shall have the right of way upon, over or under the surface of such mineral lands, and the contiguous and neighboring lands, for the purpose of conveying the water from said mineral lands by troughs, pipes, ditches, water races or tunnels, and the right to construct and use shafts and air holes in and upon the same, doing as little injury as possible in making said improvements.

SEC. 6. If the said person, company or corporation Damages. engaged in draining as aforesaid, and the owner or owners of any land upon which said right of way may be deemed necessary cannot agree as to the amount of damages which will be sustained by the owner or owners by reason thereof, the parties may proceed to have the same assessed under the provisions of Article 3 of Chapter 55 of the Laws of Iowa known as the Revision of 1860.

owners.

SEC. 7. This Act shall not be construed to require Consent of the owners of the mineral interest in any of said lands to take the mineral therefrom or to authorize any other person to take the mineral from said land without the consent of the said owner or owners.

SEC. 8. This act being deemed of immediate importance, shall take effect and be in force from and after its publication in the State Register and the Iowa Homestead.

Approved March 3d, 1864.

I hereby certify that the foregoing Act was published in the Daily State Register on the 5th day of March, A. D. 1864, and in the Iowa Homestead on the 16th day of March, A. D. 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 38.

COMPENSATION OF DISTRICT ATTORNEYS.

AN ACT to amend Section 5 of Chapter 19 of the Acts of the Extra Session of the Ninth General Assembly, entitled "An Act fixing the salaries of certain officers."

SECTION 1. Be it enacted by the General Assembly

of the State of Iowa, That Section 5 of Chapter 19 of the Acts of the Extra Session of the Ninth General Assembly, be so amended as to read as follows, to-wit: That the salaries of the several District Attorneys shall be six hundred dollars per annum, and in addition the following fees, to be paid in the manner now provided by law. For each conviction, on plea of guilty, five dollars; for each jury trial, in cases of misdemeanor, five dollars; and in each jury trial, in cases of felony, ten dollars. For each judgment for costs only, five dollars; and for all fines and forfeitures actually collected by him, ten per cent. upon all sums of two hundred dollars and less, and one per cent. upon that part of any sum in excess of two hundred dollars to be audited and allowed like other claims against the county.

SEC. 2. In case of conviction as contemplated in the preceding Section, the same fees therein allowed to the District Attorneys, shall be taxed against the defendant which shall be collected by the Clerk and paid into the County Treasury.

Approved March 4th, 1864.

CHAPTER 39.

SOUTHERN BORDER.

AN ACT to repeal Chapter 17 of Acts of Extra Session of the Ninth General Assembly, 1862, entitled an Act to provide for the better protection of the Southern Border.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Chapter 17 of the Acts of the Extra Session of the Ninth General Assembly, 1862, entitled an Act to provide for the better protection of the southern border, be and the same is hereby repealed.

SEC. 2. This Act being deemed of immediate importance by the General Assembly, shall take effect and be in force from and after its publication in the Daily State Register and Iowa Homestead, newspapers pubished in the city of Des Moines.

Approved March 4th, 1864.

I hereby certify that the foregoing Act was published in the Daily State Register on the 10th day of March, A. D. 1864, and in the Iowa Homestead on the 16th day of March, A. D. 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 40.

LEGAL SETTLEMENT.

AN ACT to amend Chapter 57 of the Revision of 1860.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the word "white," in the first clause of Section 1376 of the Revision of 1860, be and the same is hereby stricken out. Approved March 10, 1864.

Ꮯ Ꮋ Ꭺ Ꮲ Ꭲ Ꭼ Ꭱ 41.

SEVENTH JUDICIAL DISTRICT.

AN ACT to amend an Act entitled "an Act to change and fix the time of holding Courts in the Seventh Judicial District.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the third paragraph of chapter 164 of the Acts of the Ninth General Assembly be so amended as to read as follows: In the county of Scott on the first Mondays of February, May and November in each year.

SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved March 10th, 1864.

Terms in

Scott County..

CHAPTER 42.

APPROPRIATION FOR STATE LIBRARY.

AN ACT appropriating money for the State Library.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the sum of three thousand $3,000.00 dollars be and the same is hereby appropriated out of the State Treasury for the purpose of increasing the law part of the State Library. Said sum shall be expended

Judges to expend.

Auditor.

under the supervision of the Judges of the Supreme
Court.

SEC. 2. And be it further enacted, That the said Account to Judges shall render an account of said expenditure to the Auditor of State, within thirty days after making the same, giving a complete list of the books purchased, the amount paid for each, and the expenses attending the same; and he shall have and is hereby given full power to audit and allow all such necessary expenses. Approved March 10th, 1864.

Auditing.

CHAPTER 43.

REVENUE.

AN ACT to provide for the payment of Taxes and the Interest
and Principal of the School Fund in Treasury Notes, issued as
Legal Tender by the authority of the Government of the United
States, Notes of National Banks, and Notes of the State Bank
of Iowa.

SECTION 1. Be it enacted by the General Assembly Bank bills & of the State of Iowa, That the County Treasurers of legal tender notes receiv'd the several counties in this State be, and they are, by Co. Treas- hereby authorized and required to receive in payment

urer.

Treasurer to

of all taxes by them collected, together with the inter-
est and principal of the School Fund, Treasury Notes
now issued or that may be hereafter issued as legal
tender by authority of the Government of the United
States, and the notes now or that may be hereafter
issued by the banks organized or that may hereafter be
organized under and in accordance with the conditions
of the Act of the Congress of the United States, enti-
tled "an Act to provide a National Currency secured
by a pledge of United States Stocks, and to provide for
the redemption thereof," approved February 25th, 1863,
and the notes now issued or to be hereafter issued by the
several branches of the State Bank of Iowa; provided,
that the Treasurers aforesaid shall not receive the
notes of the said branches of the State Bank, or any of
them at any time after any one of said branches shall
fail to redeem its issues.

SEC. 2. The Treasurers of the several counties shall keep account. each keep an account showing the amount of taxes received by him in specie, and the amount received in

H

Treasury Notes, and the amount received in notes of National Banks and the amount received in notes of the branches of the State Bank of Iowa, which shall be examined the same as other accounts of said Treas

urers.

Treasury.

SEC. 3. Nothing in this Act shall be so construed Specie canas in any way to allow the several County Treasurers not be exchanged. in this State, or the State Treasurer, to dispose of the specie now on hand or that may hereafter be collected by such Treasurers, for the Treasury Notes above mentioned; and the said County Treasurers are hereby required to pay to the Treasurer of State such specie Specie paid on hand heretofore, or that may be hereafter collected into State for State taxes, except what is necessary in making change, and any County Treasurer violating the provisions of this Act shall be liable for all damages sustained by the State in consequence of such exchange; and such Treasurer shall be deemed guilty of a misdemean- ble for violaor, and upon conviction thereof, shall be liable to a fine tion. of not less than five hundred dollars, and imprisonment in the county jail not less than six months.

Treasurer lia

pay out notes.

SEC. 4. The Treasurer of State is hereby required State Treasuto receive of the several County Treasurers the above rer receive & mentioned notes in payment of any claims the State may now or hereafter have against any county in this State for any part of the permanent School Fund, or for any taxes due the State; and the said State Treasurer shall pay out said notes in redemption of outstanding Auditor's warrants.

SEC. 5. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 6. This Act being deemed of immediate importance by the General Assembly, shall take effect from and after its publication in the Daily State Register and Iowa Homestead, papers published in Des Moines.

Approved March 10th, 1864.

I hereby certify that the foregoing Act was published in the Daily State Register on the 12th day of March, A. D. 1864, and in the Iowa Homestead on the -th day of March, A. D. 1864.

JAMES WRIGHT, Secretary of State.