EDUCATION. AN ACT confirming Grants of property made for the encouragement of poses. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all gifts Gifts and and grants heretofore made of land for the erection grants of land of a school house, a house for divine worship, and for certain purfor burying the dead, where such gift or grant of land shall not exceed ten acres for a church or burying ground, shall be held valid in law to the use of the person or persons, or religious society, therein named, for the purpose of education, for divine worship, or for the interment of the dead, and none other: Provided, That such gifts and grants shall be recorded To be recorded. in the county where such lands may lie, within twelve months from the passage of this act. missioners. SEC. 2. When any person shall hereafter deem it Conveyances proper to make a donation or grant of land for the to be executed purpose of erecting a house for divine worship, a to county comhouse for education, or for the interment of the dead, such deed, or gift, or grant, shall be made and executed to the county commissioners of the proper county, and their successors in office, in trust and for the use of the persons, society, or collection of people, therein named, which shall be held and used by such society, persons, or body of people, as therein directed, for the sole use of education, divine worship, and interment of the dead, and none other; which deed shall be recorded, in the recorder's office To be recorded. of the proper county, within twelve months after the execution of the same: Provided, That in no case Proviso. shall such grant for the erection of a house for divine worship exceed in quantity ten acres of land: Provided always, That no such gift or grant, as afore- Proviso. said, shall be considered good or valid when made to defraud creditors. SEC. 3. If any person or persons shall commit any Trespassers litrespass upon the premises so granted, such tres- able for damapasser shall be liable to pay all damages so commit-ges. ted, to be recovered in the name of any person who will sue for the same, and when recovered shall be paid over to those persons or societies interested in the premises, to be expended by them in repairing such damages, or making any improvement thereon that they may think fit. SEC. 4. When any gift or grant, as aforesaid, shall Grants perverbe perverted or used for any other purpose than ted or aban less otherwise doned, to vest contemplated by this act, or shall be abandoned by in county, un- the donees, such gift or grant shall become vested in directed by do- the county where such lands may lie, unless otherwise directed in such gift or grant by the donor, and shall be sold by the order of the county commissioners of such county, and the proceeds thereof applied for the use of education in such county. nor. APPROVED, January 15, 1839. Representa ty officers. ELECTIONS. AN ACT providing for and regulating General Elections in this Territory. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That an electives and coun- tion for members of the House of Representatives, and for county officers, shall take place on the first Monday in August next, and on the same day in every year thereafter. An election for delegate to Congress, for members of the Council, and County Recorder, shall take place on the first Monday in August, eighteen hundred and forty, and on the same day in every second year thereafter. And all general and special elections for delegate to Congress, members of Council and House of Representatives, and all county, town, and district officers shall be conducted in the manner hereinafter prescribed. Delegate to Congress, members of Council, county Recorder. County Com of election. SEC. 2. That the county commissioners shall remissioners to spectively, at their regular annual session in April, appoint judges preceding the general election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election at any election precinct, and for each of the polls of election as provided for in the act setting off and establishing towns or districts (as the case may be), and Notice of the the clerk of said board of commissioners shall make appointment to out and deliver to the sheriff of the county, immedibe served upon ately after the appointment of said judges, a notice each. thereof in writing, directed to the judge so appointed, and it shall be the duty of the said sheriff, within twenty days after the receipt of the said notice, to serve said notice upon each of the said judges of election. The said judges shall choose two persons, chosen by judg- having similar qualifications with themselves, to act as clerks of the election. The said judges of election shall be and continue judges of all elections of Clerks to be e3. civil officers, to be held at their respective precincts, until other judges shall be appointed as herein before directed, and the said clerks of elections may continue to act as such during the pleasure of the judges of election. And the county commissioners shall, Vacancies in from time to time, fill all vacancies which may take the office of place in the office of judge of election at any elec- judge. tion precinct within their respective counties. SEC. 3. That the clerks of the several boards of Three notices county commissioners shall, at least fifty days previ- for each preous to any special election, make out and deliver to cinct. the sheriff of his county three written notices thereof for each election precinct, said notices to be as nearly as circumstances will admit as follows, to wit: Notice is hereby given, that on the the day of -next in the town or district of Monday Form of notice. at the house of of this -day of A. D. (as the case may be) signed A. B. Clerk of the board of county commissioners. And it also Poll books, &c., shall be the duty of the clerks of the several boards to be furnished of county commissioners to furnish one of the judges by county comof every election precinct in the county, with two clerk. poll books, and a copy of the several duties to be performed by the judges and clerks. missioners' iff. SEC. 4. And the sheriff aforesaid, to whom such Notices to be notice shall be delivered as aforesaid, shall post up, posted by sherin three of the most public places in each town or district, the notices referring to such town, at least thirty days before the time of holding any general election, and at least eight days before the holding of any special election, and in cases where towns or districts may not be set off by law as election precincts, said notices shall be posted up by the sheriff as follows, one at the house where the election is authorized to be held, and the two others at two of the most public and suitable places in that vicinity or settlement. SEC. 5. If any persons appointed to act as judges Judge refusing of the election as aforesaid, shall neglect or refuse to act, justice to be sworn or affirmed to act in such capacity, the place of such person shall be filled by any justice of the peace residing within the county, town, or district, of the peace or other person to be nominated. to be nominated by the other judge or judges of the election, and if there be no justice present to act as judge, the other judge or judges of election shall nominate one or more capable and discreet electors, residing within the county, town, or district, to fill such vacancy or vacancies, and if there be no judge of the election present to fill such vacancy or vacancies by nomination, then such vacancy or Or voters may vacancies shall be filled by the votes of such qualified electors residing within the county, town, or district, as may then be present at the place of election, and the justice or justices, person or persons, so elected or nominated to fill such vacancy or vacancies, shall be and are hereby vested with the same power as if appointed by the board of county commissioners. elect. Oath to be ta and clerks. SEC. 6. Previous to votes being taken, the judges ken by judges and clerks of the election shall severally take an oath or affirmation in the following form, towit: I, A. B., do solemnly swear or affirm (as the case may be), that I will perform the duties of judge (or clerk) of the election according to law, and the best of my ability, that I will studiously endeavor to prevent fraud, deceit, and abuse, in conducting the same. By whom it istered. SEC. 7. In case there shall be no judge or justice may be admin- of the peace present at the opening of the election, or in case such judge or justice shall be appointed a judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered, to administer the oaths or affirmations to each other, and to the clerks of the election, and the person administering such oaths or affirmations shall Entry thereof. cause an entry thereof to be made and subscribed by him, and prefixed to the poll books. When polls to closed. Proviso. SEC. 8. At all elections to be held under this act, be opened and the polls shall be opened at the hour of nine o'clock in the morning, and continue open until six o'clock in the afternoon of the same day, at which time the poll shall be closed: Provided, however, That if no judge shall attend at the hour of nine o'clock in the morning, and it shall be necessary for the electors present to appoint judges to conduct the election as hereinbefore prescribed, the election may in that case commence at any hour before the time for closing the poll shall arrive, as the case may require: And provided, also, That the judges of the election may, if they shall deem it necessary for the purpose of receiving the votes of all the electors wishing to vote, Proviso. postpone the closing of the polls until nine o'clock at night. Upon opening the poll, one of the clerks, under the direction of the judges, shall make procla- Proclamation mation of the same, and thirty minutes before the to be made. closing of the poll, proclamation shall be made in like manner that the poll will be closed in half an hour. SEC. 9. The clerks of the election shall furnish the Poll books, &c. necessary poll books and stationery in conducting the same. SEC. 10. The manner of voting shall be by the Manner of voelectors approaching the bar in the election room, at ting. any time when the poll is opened, and by presenting a ticket, folded in such a manner that no names on said ticket are visible to the judges, who shall deposit the same immediately into a general ballot box prepared for that purpose, and the clerks shall take down the names of all such voters. Delegate to SEC. 11. It shall be lawful for any elector to vote Where electors for delegate to Congress at any place of holding an may vote for election within this Territory; for members of the Congress. Council and House of Representatives at any place For members of holding an election in the county or district in of Legislature, which he may reside; for coroner, county commis- Coroner, county commissionsioner, or county officers, at any place of holding an er, &c. election in the county in which he resides; but for Constables and constables and other town officers he shall not vote other town offi out of the town or district in which he resides. if any elector shall vote more than once, at any election held under the authority of this act, he shall be fined in the sum of one hundred dollars, to be recovered by indictment, before any court of competent jurisdiction, and the whole of such fine shall be appropriated to the use of the county in which the offence may have been committed. And cers. Fine for voting more than once at any election. SEC. 12. No person shall be entitled to vote at Qualifications any election in this Territory who has not attained of electors. the age of twenty-one years, who is not a free white male citizen, or foreigner duly naturalized according to the acts of Congress on that subject, and who has not resided in this Territory for at least six months immediately previous to his application to vote. And when any person shall present himself to give his vote, and either of the judges shall suspect that such person does not possess the requisite qualifications of an elector, or if his vote shall be challenged by Vote may be any elector who has previously given his vote at such challenged. election, the judges of such election shall tender to |