Take effect. SEC. 4. This Act being deemed by the General Assembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa Homestead and Iowa Statesman, newpapers published at Des Moines. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Iowa Homestead A. D. 1864, and in the Iowa Statesman April 15th, A. D. 1864. JAMES WRIGHT, Secretary of State. way. CHAPTER 91. COAL MINES. AN ACT granting a right of way to open and drain Coal Mines. SECTION 1. Be it enacted by the General Assembly Application of the State of Iowa, That any person owning or posfor right of sessing any land underlaid with Coal Mines in any County within this State, who is desirous of mining the said coal, and who shall deem it necessary thereto to have a coal yard and wagon road upon, and entry and drain through and under the surface of any land belonging to any other person, may apply to any Justice of the Peace residing in the Township where the lands are located, or if there be no Justice in said Township, to any Justice in an adjoining Township, for such summons as is herein specified. Summons. Service of SEC. 2. The Justice to whom such application shall be made, shall thereupon issue a summons directed to any Constable of the said Township, requiring the owner of said land to appear before him at the time named therein, which shall be in not less than six nor more than fifteen days, to answer said application. Said summons shall designate the land upon which said coal yard and wagon road are desired to be laid out, and through and under the surface of which the said entry and drain are proposed to be made, and shall be served by the Constable in the same manner that civil process, issued by a Justice, is now served; and should it be made to appear to said Justice that the owner of said land is non-resident, then said owner shall be served by publication in the same manner as parties defendant in Justices' Courts, that are non-residents, are now served. SEC. 3. On the appearance day a jury of six disin- Selection of terested persons, possessing the necessary qualifications Jurors. of jurors of the District Court, shall be selected as follows, viz: two by each of the parties, and two by the Justice, Provided, That in case the owner of the lands, his Agent or Attorney, shall neglect or refuse to appear or the owner of said lands shall appear to be a non-resident, then the applicant shall select three jurors, and the Justice three; and the Justice shall thereupon issue his precept to some Constable of the Township, directing him to summon the Jurors selected as aforesaid, to appear forthwith before him. The said Justice shall administer to said Jurors, an oath or affirmation, to well Oath. and truly examine into the necessity for the coal yard, and wagon road, and entry and drain applied for; and that if they shall deem the same necessary, that they shall proceed to lay out the same and certify the damages resulting therefrom. Justice's pre cept. Laying out. SEC. 4. The jury thus qualified and sworn shall per- Examination sonally examine the premises, and after hearing any of premises. reasons which may be offered by the parties in regard to the opening of said entry and drain, and making said coal yard and wagon road, if they shall thereupon be satisfied that the opening of the entry and drain, and the making of said coal yard and wagon road are necessary and proper in order to mine said coal, they shall proceed to lay out the same by proper metes and bounds; and if they shall deem it necessary they may call to their aid a competent Surveyor. Provided, That in no case shall the entry and drain be more than twenty-five feet in breadth. SEC. 5. The jury shall make a written report which Report of shall be signed by at least four of the jurors, precisely Jury. defining the boundaries of said entry and drain, and coal yard and wagon road, acccompanied by a plat of the same, and file the same with the Justice. The jury shall also certify the amount of damages, Certificate of in writing, signed by at least four of the jurors, which damages. shall also be filed with the Justice. SEC. 6. Either party may appeal from the decision Appeal. of the jury to the District Court in the county in which the premises are situated, by filing with the Justice within ten days after the jury shall file their report, a bond with two or more sufficient sureties, to be approved by the Justice, in a sum double the amount assessed by the jury, conditioned that the appellant will abide the judgment of the Court, and pay all costs and damages awarded against him therein, or if the appeal be dismissed, that he will pay all sums for which he would have been liable if no appeal had been Proceedings taken. The proceedings in the District Court in the in District Court. Transcript Clerk. appeal, shall be the same as on an appeal in a civil action from a Justice of the Peace, as near as practicable, and costs shall be awarded for or against either party, upon the same rules and conditions as in such appeal of a civil action. SEC. 7. Upon the expiration of ten days, if no apreturned to peal has been taken as herein provided, the Justice shall return a certified transcript of the report of the Jury to the Clerk of the Board of Supervisors, who shall record the same in the book of records of roads and highways of the county. Record. Applicant to open. SEC. 8. Upon the payment of the damages assessed may proceed by the jury, and of the costs of the proceedings allowed to the justice, constable, jurors, surveyor and Clerk of the Board of Surveyors, allowing the same fees as nearly as may be, as are allowed in other civil cases, it shall be lawful for the person applying for such summons to enter upon the lands examined by the jurors, and upon which they have assessed said damages, with all necessary implements to open said entry and drain, and make said coal yard and wagon road; provided, that if the owner of said lands be a non-resident, the applicant aforesaid shall be permitted to enter upon said premises as aforesaid, upon his depositing the amount of damages assessed, with the Clerk of the District Court, subject to the order of said nonresident owner. Condition. Lxclusive use SEC. 9. After such entry and drain are opened, and said coal yard and wagon road are made, it shall be lawful for the applicant to use them for his exclusive benefit, and any person obstructing or in any way inDamages for juring said entry and drain, wagon road or coal yard, obstructing. shall be liable to treble damages in an action brought by the applicant. SEC. 10. All Acts or parts of Acts conflicting with this Act are hereby repealed. Approved March 28th, 1864. CHAPTER 92. COMPENSATION OF JURORS INCREASED. AN ACT to amend Section 2 of Chapter 15 of the Acts of the regular session of the Ninth General Assembly, increasing the compensation of Jurors. SECTION 1. Be it enacted by the General Assembly Raised from of the State of Iowa, That Section 2 of Chapter 15 $1.50 to $2.00 of the Acts of the regular session of the Ninth General Assembly be amended by striking out in the 3d and 4th lines, the words "one dollar and fifty cents," and inserting therefor the words "two dollars." SEC. 2. This act shall take effect and be in force Take effect. from and after its publication in the State Register, Iowa Homestead and Iowa Statesman. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Daily State Register on the 13th day of April, A. D. 1864, and in the Iowa Homestead April 20th, 1864, and in the Daily Iowa Statesman April 15th, 1864. JAMES WRIGHT, Secretary of State. CHAPTER 93. TREASURER'S CERTIFICATES OF PURCHASE OF LAND AT TAX AN ACT to amend Section 1 of Chapter 154 of the Acts of the SECTION 1. Be it enacted by the General Assembly 2134 and 2137 of the State of Iowa, That Section 1 of Chapter 154 of out. the Acts of the Ninth General Assembly be amended 3716 and 3719 as follows, to-wit: Strike out 2134 and 2137, and in- inserted. sert instead thereof, 3716 and 3719. SEC. 2. This Act being deemed of immediate im- Take effect. portance by the General Assembly, shall take effect and be in force from and after its publication in the Iowa State Register and Iowa Homestead, newspapers published at Des Moines, Iowa. Approved March 28th, 1864. I hereby certify that the foregoing Act was published in the Iowa State Register April 20th, A. Ď. 1864, and in the Iowa Homestead 20th April, A. D. 1864. JAMES WRIGHT, Secretary of State. ers. CHAPTER 94. TO COLLECT MONEY DUE SCHOOL FUND, AND PURCHASE THE AN ACT to provide for the collection of money due to the Permanent School Fund of the State of Iowa; for the purchase of the Capitol Building, and for the release of certain School Fund Securities. SECTION 1. Be it enacted by the General Assembly Commission of the State of Iowa, That the Census Board, together with the Attorney General of the State, be, and they are hereby constituted a Board of Commissioners for the purpose of carrying out the provisions of this Act, as hereinafter set forth. Evidence of debt. 6 per cent. SEC. 2. It is hereby made the duty of said Commissioners to proceed, as soon as practicable, to the collection of all notes and other evidences of debt now in the office of the Auditor of State, and known as the notes received by James D. Eads for money loaned out of the Permanent School Fund by the said Eads, during the time he was Superintendent of Public Instruction of the State of Iowa. SEC. 3. Said Commissioners shall have the authorPrincipal and ity to release any or all the obligors to the notes referred to in the second Section of this Act, by their paying the principal and six per cent. interest from the date of said notes. Said payments must be made on or before the first day of March, 1865, to entitle them to the benefits of this Section. Debtors. SEC. 4. Said Commissioners shall be, and they are hereby authorized to arrange with the parties interested for the purchase of the Capitol Building, and the release of all claims against such parties, upon the following terms, viz: When the said parties, to-wit: J. A. Williamson, W. A. Scott, J. D. Cavenor, J. M. and H. H. Griffiths, Alexander Shaw and T. K. Brooks, who, on or about the 26th and 27th days of June, 1856, borrowed of the School Fund of Iowa, through James D. Eads, Superintendent of Public Instruction, certain sums of money, shall cause a good and sufficient conveyance of the title, in fee simple, unencumbered, to lots eleven and twelve, in block six of Scott's Addition to Des Moines, together with the buildings thereon, and appurtenances-it being the building now used by the State for a Capitol, and the lots on which the same is situated -the sufficiency of which conveyance and title shall be |