Amendment.

Road District.

CHAPTER 22.

LYONS..

AN ACT to amend an act to incorporate the city of Lyons approved January 24th, 1855.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the charter of Lyons city be and the same is hereby amended as follows: by substituting the word "six" in sections four and six instead of the word "three" so as to read "six months" instead of "three months" by striking out of the twenty-ninth section the words "one half of" by adding to the thirty-first section the words "upon taxes remaining unpaid for two months from the time of giving said notice interest shall be paid after the expiration of said two months at the rate of twenty five per cent per annum" and that section thirty seven be amended by striking out all of that part of said section after the word "time" and substituting the following: "That the lands so sold may be redeemed within the same time and upon the same conditions that lands may be redeemed when sold for County and State taxes, under the general revenue law of the State now or hereafter existing, by making payment to the collector of taxes or the purchaser, and the purchaser may proceed in the same manner to perfect his title to said land as is or may be provided by the general revenue law of the State, Provided, that the amendments hereby made shall in no way effect any tax heretofore levied under said act, and the same shall be collected in the manner authorized by said act.

SEC. 2. Be it further enacted that the territory embraced within the limits of said Lyons City, shall constitute one road district, and that the Street Commissioner now or hereafter appointed in said city shall act as the supervisor of said road district, and for that purpose is invested with all the powers of road supervisor, and that the Council of said city may at any time divide the same into two or more

1

road districts and' appoint a street commissioner in each of said districts who shall act as supervisor in their respective districts.

SEC. 3. This act shall take effect from and after its pub- Take effect. lication in the Lyons Mirror and Lyons City Advocate, the expense of said publication to be paid by said Lyons City. APPROVED, July 14th, 1856.

CHAPTER 23.

OTTUMWA CITY.

AN ACT to incorporate the City of Ottumwa, Wapello County, Iowa.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the town of Ottumwa, situated in Wapello county, Iowa, as recorded upon the records of said county, together with the various additions, which have been made thereto, and are now of record, are hereby declared to be a city, by the name of Ottumwa.

Ottumwa declared a city.

SEC. 2. The said city is made a body corporate, and is Corporation. invested with all the powers and attributes of a municipal corporation.

authority.

SEC. 3. The Legislative authority of the city is vested in Legislative a City Council, consisting of a Mayor and Board of Aldermen, composed of three from each, ward of the city.

SEC. 4. The said city shall be divided into wards by the Wards. Council thereof, from time to time, as they may deem proper.

SEC. 5. Every white male citizen of the United States, Citizens. of the age of twenty-one years, who shall have been a resi-. dent of the city six months, and of the ward in which he offers his vote, ten days, next preceding a city election, is declared a citizen of the said city, and is entitled to a vote at all the elections thereof.

SEC. 6. The elections of the city (for officers) shall be Conducting conducted in a manner as similar to that in which the elec

elections.

Challenge.

Who eligible.

Election.

Officers.

tions are conducted in the townships, as the nature of the case permits.

SEC. 7. A person offering to vote may be challenged as in other elections in the townships; and an oath may be administered to him in like manner, naming the qualifications herein prescribed.

SEC. 8. No person shall be eligible to any elective office mentioned in this act, unless he be a legal voter of the city, and has been resident thereof for over one year next preceding his election.

SEC. 9. That the qualified electors of said city shall, on the first Monday of September, 1856, and on the first Monday in March annually thereafter, elect a Mayor, and at the same time nine Aldermen, a Recorder, Assessor, Treasurer and Marshal; and the Mayor and Aldermen so elected, when assembled together, and duly organized, shall conCity Council. stitute the City Council, a majority of whom shall be necessary to constitute a quorum for the transaction of business. They shall be elected for the term of one year, and until their successors are elected and qualified. The Mayor, Recorder, Assessor, Treasurer and Marshal shall be elected by the legal voters of said city.

Term.

Aldermen.

Mayor's duty.

Judicial func

tion.

SEC. 10. Three Aldermen shall be elected in each ward by the legal voters thereof.

SEC. 11. It shall be the duty of the Mayor to see that the laws and ordinances of the city are executed, and their violation punished; to superintend and direct the official conduct of the subordinate officers; to sign and seal all commissions, licences and permits, granted by the City Council, and to perform such duties and exercise such powers, as pertain to the office of the Mayor of a city, and such as may be granted or imposed by the ordinances of the city, consistent with law.

SEC. 12. He shall be a conservator of the peace within the city, and ex-officio a Justice of the Peace, and is invested with exclusive original jurisdiction for the violation of the ordinances of the city, and with criminal jurisdiction of offences against the laws of the State, committed within the city, and with civil jurisdiction, limited to the city, in the

same manner as that of Justices is or may be limited to their townships; he shall not be disqualified from acting in such judicial capacity, by any proceeding being in the name of or behalf of the city.

SEC. 13. Appeals to the District Court in the same Appeals. county shall be allowed from the judgments and decisions of the Mayor, in the same cases, time and manner as may at any time be allowed by law from those of other Justices, and they shall be tried as in other cases. He will be enti-Fees. tled to demand and receive the same fees as are at the time allowed by law to Justices of the Peace.

He shall be the Preside.

presiding officer of the City Council when present, and shall give the casting vote when there is a tie, and in his absence the Council may appoint a president for the time being Pres. P. T. from their own body.

of election and

SEC. 14. The Council shall be the judge of the qualifi-Council Judge cations and election of its own members; it may determine qualification the rules of its own proceedings, and shall keep a record members. thereof, which shall be open to the inspection of every citizen, and may compel the attendance of its members in such manner, and by such penalties as it may adopt.

SEC. 15. The Marshal shall be a conservator of the peace Marshal's duand is the executive officer of the Mayor's Court, and shall ty. execute and return all process directed to him by the Mayor; and in cases for the violation of the city ordinances, and of the criminal laws of the State, may execute the same in

any part of the county; and he shall have the same Keep Peace. authority within the city to quell riots and disturbances, to prevent crimes, and to arrest offenders, that the Sheriff has within his county; and may, in the same cases and under the same penalties, require the aid of the citizens, and perform all duties imposed by the Council. He may with the approval of the Council appoint one or more deputies, and Deputies. discharge them, and he shall be responsible for their doings when acting officially, for the service of legal process he shall be entitled to the same fees as a Constable, and for Fees. services required by the Council, such compensation as it may allow.

SEC. 16. The Treasurer, Recorder, Assessor, and Mar-Bonds.

Proclamation.

Election,

Polls.

Returns.

Recorded.

Ineligible.

Ordinances.

shal shall give such bond, perform such duties, and exercise such powers as may be required of them by ordinances, not inconsistent with law.

SEC. 17. In all elections for city officers, the Mayor shall issue a proclamation to the voters of the city, or of the several wards, as the case may require, naming the time and place or places for election, and the officers to be chosen, and cause a copy to be posted up in each ward, at least ten days previous to the day of holding election. The polls shall be opened between the hours of eight and ten o'clock in the forenoon, and continue open till four o'clock in the afternoon. Within two days after the election, the judges of the election shall make their returns to the president of the City Council, who shall examine them at their next meeting, and cause an abstract of the votes to be recorded in a book to be kept for that purpose.

SEC. 18. No member of the City Council shall be eligible to any office within the gift of the City Council, during the time for which he is elected; nor shall he be interested directly or indirectly in the profits of any contract, or job of work, or services to be performed for the city.

SEC. 19. Ordinances passed by the City Council, shall be signed by the Mayor, attested by the Recorder, and be Publication. fore they take effect, be published in one or more newspapers, published in the city, at least ten days; and if there be no such newspaper, they shall be posted up in each ward the same length of time. They shall also be recorded in a book to be kept for that purpose, and signed by the Mayor, and attested by the Recorder.

Recorded.

Recorder's duty.

Oath.

SEC. 20. It is the duty of the City Recorder to keep a true record of all the official proceedings of the City Council, and such record shall at all times be open to the inspection of any citizen.

SEC. 21. The Mayor, Aldermen, Marshal, Treasurer, Recorder and Assessor, shall take an oath to support the Constitution of the United States, and of the State of Iowa, and faithfully and impartially to perform their duty to the best of their knowledge and ability. Other officers shall qualify in such manner as may be prescribed by the Coun