S. F. 345. Elect in 1884. Term. Judges shall not sit together. Fix terms of court. CHAPTER 18. ADDITIONAL CIRCUIT JUDGE IN SECOND DISTRICT. AN ACT Increasing the Number of Circuit Judges in the Second Judicial District of the State. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the second judicial district of this state shall at the general election in the year 1884 and every four years thereafter elect one additional circuit judge. SEC. 2. The term of office of said additional judge shall commence on the first Monday in January 1885 and continue for four years, or until his successor is elected and qualified. SEC. 3. The judges of the circuit court in said circuit shall not sit together in the transaction of the same business, but may together hold the same term making an apportionment of the business of said term between them; and they may hold terms in different counties at the same time. SEC. 4. Immediately after the election and qualification of the additional judge provided for by this act, the circuit judges and the district judge for said district shall together designate and fix by an order under their hand, the times of holding the terms of said court in each county in said district for the years 1885 and 1886, and a similar order shall be by them made every two years thereafter. Approved, March 14, 1884. 8. F. 169. CHAPTER 19. SUBDIVIDING SIXTH JUDICIAL DISTRICT. AN ACT in Relation to the Sixth Judicial Circuit of the State; Subdividing the Same, Providing for the Appointment and Election of Judges of the Circuit Courts therein and Defining the Powers and Duties thereof. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the sixth judicial district of this state is Subdivisions. hereby divided into two circuits, which shall be known as the first and second circuits of said judicial district and shall be constituted as follows: The first circuit of the judicial district shall be composed of the counties of Poweshiek, Keokuk, Washington and Jefferson. The second circuit of the judicial district shall be composed of the counties of Jasper, Marion and Mahaska. SEC. 2. From and after the first day of June A. D. 1884 Jurisdiction the circuit judge at this date presiding over the circuit as now and powers of present judge. constituted in the sixth judicial district shall be and is hereby assigned to the first circuit of said district as hereinbefore created, and during the term to which said circuit judge has been elected, and is now acting, the said judge shall have and exercise jurisdiction within said first circuit to which he is by this act assigned, with the same authority, powers and jurisdiction as though the subdivision made by this act had been made and enforced at the date of his election, and any vacancy occur- Vacancy. ring in said first circuit, shall be filled for said first circuit in the same manner as is now provided by law for filling vacancies in judicial circuits. term. SEC. 3. Within thirty days from the taking effect of this Judge 2d ciract the governor shall appoint a circuit judge for the second cuit, appointcircuit by this act created, who shall within thirty days there- ment and after qualify as circuit judges are now required to qualify, and shall enter upon his duties as circuit judge of said second circuit on the first day of June in the year 1884. The term of office of said appointee shall expire on the first day of January in the year 1885. Provided, that any vacancy occurring in said second circuit previous to said first day of January, 1885 shall be filled by appointment by the governor in the manner now provided for filling vacancies in the office of circuit judge. Proviso. SEC. 4. The said judge who may be appointed under section Duties of judge three hereof, of said second circuit of said judicial district, of 2d circuit. shall for and during the period, after he enters upon his duties and up to the first day of January 1885, hold terms of his several courts, at the times heretofore designated and assigned, and now being the times for holding the terms of the circuit court in the counties now composing said second circuit, and he is hereby authorized to hold such special terms in any county for the trial of continued causes pending in said circuit court as may be ordered by the circuit judge now acting or that may be appointed for that county, provided said order for a special term is made and entered at a regular term of said circuit court; and provided further that said special term shall be for trial of only those causes for which the last preceding regular term was the trial term, or in which both parties consent. Proviso. judges. SEC. 5. At the general election to be held in the year 1884 Election and there shall be elected in the counties composing said first and terms of second circuits as by this act created, and every fourth year thereafter a judge of the circuit court of each of said first and second circuits, who shall hold his office for the term of four years and until his successor is elected and qualified. governor shall have the same authority to fill vacancies and Vacancies. the same provisions shall apply with the same force and effect The Powers of Judges. Records. Repealing clause. Publication. to any vacancies occurring in said first and second circuits by this act created, as now apply to vacancies in judicial circuits. SEC. 6. The judges of said first and second circuits by this act created shall have and exercise within the counties constituting their said circuits all the rights powers and jurisdiction which are possessed and exercised at this date by the circuit judge within said counties and all provisions of law now applicable to the circuit court or to the judge thereof shall apply, and are hereby made to apply with the same force and effect to said court within said first and second circuits and to the judges whose appointment and election are herein provided for, except so far as the same may be inconsistent with the provisions of this act. SEC. 7. The records and books heretofore kept for the business of the circuit court within and for said counties shall be continued and used within and for said respective counties for the same purposes and under the provisions of this act. SEC. 8. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 9. This act, being deemed of immediate importance I hereby certify that the foregoing act was published in the Iowa 8. F. 7. ing, etc. CHAPTER 20. IMPROVEMENT OF STREETS IN CERTAIN CITIES. AN ACT Granting Additional Powers to Certain Cities of the First Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That cities of the first class, that have been or may be so organized since January first, 1881, shall have power to open, widen, extend, grade, construct permanent side walks, curb, Grading, pav pave, gravel, macadamize and gutter, or cause the same to be done in any manner they may by ordinance deem proper, any street, highway, avenue, or alley within the limits of such city, and may open, extend, widen, grade, park, pave, or otherwise as aforesaid, improve part of any such street, highway, avenue or Proviso. alley, and levy a special tax as hereinafter provided, on the lots Tax abutting and lands fronting and abutting on such street, highway, avenue property. or alley, and where said improvements are proposed to be made, to pay the expenses of the same. But unless the owners, resident in such city of a majority of the front feet owned by them, of the property subject to assessment as hereinafter provided, for such improvements, shall petition the council of such city to make the same; such improvements shall not be made until three-fourths of all the members of such council shall by vote, assent to the making of the same; Provided, that the construction of permanent side-walks, curbing, paving, graveling or macadam- Proviso. izing of any such street, highway, avenue or alley, shall not be done until after the bed of the same shall have been brought so near to the grade as established by the ordinances of such city, as that said side-walks, curbs, paving or other improvements as aforesaid, when fully completed will bring said streets, highways, avenues or alleys fully up to said established grade. Contract. SEC. 2. It shall be the duty of the council of said city to require all of the work necessary to the making of any improvements authorized by section one hereof, to be done under contract thereof, to be entered into with the lowest responsible bidder, and bonds with good and sufficient surety for the faithful performance of such work, shall be required to be given by the contractors; provided, that all bids for such work, or any part thereof, may be rejected by such council, and new bids ordered. Proviso, SEC. 3. Any such city shall, for the purpose of effectuating the objects enumerated in section one hereof, have power, by ordinance, to create improvement districts, which shall be con- Improvement secutively numbered. The cost of opening, extending, widen- districts. ing, grading, constructing permanent side-walks, curbing, paving, graveling, macadamizing and guttering any street, highway, avenue or alley, within any improvement district, except spaces in front of city property, and any other property exempt from special taxes except the intersections of streets, highways or avenues and space opposite alleys, and except as to paving, graveling or macadamizing between and outside the rails of railways and street railways, shall be assessed upon the lots and lands abutting the same, in proportion to the front feet so abutting upon such street, highway, avenue or alley, where said improvements are proposed to be made, the assessment of the special taxes herein provided for shall be made as follows: The total cost of the improvement except spaces in front of city property, and any other property exempt from special taxation, and except as to intersections of streets, highways or avenues, and space opposite alleys, and except as aforesaid, as to the paving, graveling or macadamizing, between and outside the rails of any railway or street railway, shall be levied upon the property as aforesaid, and become delinquent as herein provided; one fifth shall become delinquent in ninety days after such levy, one fifth in two years, one fifth in four years, one fifth in six years, and one fifth in eight years, after the levy is Tax abutting property. Tax system. Tax interest. Bale of properquent taxes. Proviso. made. Such special taxes shall be payable by the owners of the property upon which they are levied as aforesaid, at or before the times they become delinquent, as herein before provided and in the installments herein mentioned; and shall also be a lien upon the lots and lands so assessed, and shall draw interest at the rate of six per cent per annum from the time of the levy aforesaid, until the same shall be paid or become delinquent, whichever shall first happen, said interest to be payable semiannually, or annually as the council of such city may deem best. The property so assessed may be sold for the payment of any installment of said tax or interest as aforesaid, which is payable and delinquent at the time in the same manner, at any regular or adjourned sale or special sale called therefor, with the same forty for delin- feitures, penalties and right of redemption, and certificates and deeds on such sales shall be made in the same manner and with like effect as in case of sales for non-payment of the ordinary taxes of such city, as now or hereafter provided by law in respect thereto: Provided however, that the sale of any property for the non-payment of any installment as aforesaid, either of tax or interest shall not be taken or construed as in any manner affecting the validity of the lien on the same for any installment thereof, with interest as aforesaid, which may subsequently become delinquent and payable, such city council may provide by ordinance for the mode of making and returning the assessment hereinbefore authorized; and payment of such assessment after they become delinquent, and if interest as aforesaid, may, if so directed by said council, be enforced by suit in court, in the manner and by the proceedings provided by sections 478 and 481 of the code. In case of omissions, errors, or mistakes in making such assessment or levy, in respect of the total cost of the improvement, or in case of deficiencies or otherwise, it shall be competent for the council to make a suppleSupplemental mental assessment and levy to support such deficiencies, omissions, errors or mistakes; said supplemental assessment and levy shall be a lien on the lots and lands as aforesaid, shall be payable in the same manner and in the same installments, shall draw interest at the same rate, and shall be capable of enforcement in the same manner as herein before provided, with respect to the original assessment and levy. Said taxes shall constitute Sinking fund. a sinking fund for the payment of the costs of the opening, extending, widening, grading, or any other improvements herein specified, of the street, highway, avenue or alley, on which the property abuts, upon which the same are levied, and shall be used and appropriated to no other purpose than the payment of the costs of said improvements, and any bonds which may be issued as hereinafter provided, until the whole cost of said improvement, and all of said bonds, with interest, shall be fully paid and satisfied. assessment. Tax lien. Same: how used. SEC. 4. For the purpose of paying the costs of the improvements mentioned and specified in section three, hereof, and which costs are to be assessed and levied as aforesaid, upon the |