The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-08-18
L A w = OF OW A
BY AUTHORITY.
CHAPTER 1877.

AN ACT for the Incorporation Of Cities and Towns
SECTION !. Be 1t enacted By the General Assembly Of
the state Of I0ea, That town city shall herenaf
tor be incorporated the Of Iowa. any other
manner than herein provided. None of the provts
ions this act shall apply to cities or towns already
corporated in this state otherwise than as herein pro-
vided save and except section xtyone Of this act.
81, When the inhabitants Of part Of any county
not embraced within the limits of any city incorpo-
rated town. shall desire to be organized into an incor
signed BY not less than thirty of the qualed votts
residents of the territory to be embraced in the pro-
posed incorporated town to the county court OF the
proper county, which petition shall describe the
rtory proposed to be embraced in such incorporated
town and have annexed thereto an accurate map or
Plat thsrsof shall state the proposed for such
corporated town, and shall also name the persons
thorizcd to act in behalf OF the petitioners in prosecu
ting said petition.
the county court the shall be filed in the office
county judge, to be there kept subject to the
specsion OF any or persons Interested, until tho
time appointed for the hearing thereof the said judge
shall before the time Of such filing, fix and COM
muucate to such petitioners their agents. time and
place for the hearing OF such pesion which tme shall
and thereupon the petitioners or Their agents, shall
cause a notice be published in some newspaper of
general circ uaton in the county, (f one is published
in the county, not less than four consecutive weeks
and COPY of said notice to be po ted at some public
places within the limits of the aid proposed ncorpora-
ted town not than four weeks previous to the time
of such hearing, which notice shall contain the sub
of d petition, and state the time and place for
hearing thereof
A. Every such hearing shall be public, and may be
adjourned time to time, and person interested
may appear and contest the granting OF said petition,
and upon demand shall have the right to jury of six
men to hear aud decide the case and aidays other
testimony in support OF against said petition which
may be prepared aud submitted, shall be examined and
heard by said court or jury and the court may permit
the agent or agents named in the original petition, to
change or amend the same, but no amendment shall be
permitted whereby territory not before embraced shall
added the character extent OF said proposed in
corporated town materially chapged without appoint
ing another time hearing, aud urng notice
| to be given as above provided.
5. 1.-THE court or jury alter hearing su"h petition,
shall be satisfied that at least fifty qualified voters ac
tually reside within the limits described in the petition
and that said petition has been signed by majority OF
within said limits that said limits have been
accurately described and accurate plat map there
made and fled that the nans proposed for said town
il proper aud sufficient to distinguish from others III
the state and it shall be deemed right and
proper in Judgment of the court or jury that said
petition should be granted, the court shall make and
endorse said petition, order, to the effect that the
Incorporated town as named and described in the Pc
ron, may be organized, which order the court shall
sign and deliver together with the plat or map, to the
recorder OF the county whose duty shall be to record
the same practicable, i'll the proper book OF
records aud to file aud preserve in his office the orgi
nal papers having certified thereon that the same have
been properly recorded and shall also be the duty OF
recorder make out and certify two transcripts OF
said record OF which he shall forward to the secre-
tary the other he shall deliver to the agent
agents of said petitioners with certificate thereon
that similar transcript has been forwarded TO the sec-
retary of state rs above provided
6. So said record shall be made and said
TRANSCRIPTS certified and forwarded and Delivered the
inhabitants within the limits described in the petition,
shall be deemed Incorporated town. 70 De organized
and governed under the provisions of this act in like
manner specifically named therein, ana as soon as
said incorporated town shall be actually organized by
election Of its officers hereinafter provided notice
ofits existence as such shan DC TAKEN III AL Juuicia
proceedings in the state.
| T. Two months shall elapse from the time such
transcripts forwarded and delivered before notice
hall npia uf
and any person interested may at any time withh sau
two months, make complaint in writing, IN the nature
application for injunction to the district court
the county the judge thereofin vacation having
given at least five days notice thereof ana iarnisheu
copy Of the complaint to the agent or agents OF the pc
toners, for the purpose OF having the OF
such proposed town prevented 1t shall be the duty
such judge to hear such compainti IN sum
mary manner, receiving such answers amNaVits, ana
proofs may be deemed pertinent, and II 1t shall ap-
pear that the proposed town does not contain the requ
number of inhabitants that majority OF them
have not signed the petition, or that the limits OF sad
town are unreasonaby large or small or are not prop
erly and sufficiently described, then the said courc or
Judge shall order that the record OF said town shall
be annuled, and it shall be the duty Of the county
recorder to endorse on the record the order made
and to certify and transmit to the secretary OF state
copy thereof but such proceeding shall in no manner
bar subsequent petition to the county court
as. Unless the agent agents ofthe petitioners shall
within two months after the transcript shall be deliver
ed rs above provided be notified ofa complaint having
been made to the district court judge thereon tnen
the end OF said two months, after the dismssion
Of said complaint, the said agent agents shall give
public notice by posting the same at three or more OF
the most public places within the limits of' said town,
the time and place Of holding the first election for
officers of said town, which election shall be conducted
and the officers elected and qualified in the manner
prescribed by law in like cases. the clerk ana other
officers Of the township in which said proposed town.
ship in which said proposed town situated, pres
at said election in the same manner As at township
elections, aud making the returns, Provided the
officers elected shall continue office only until the
time OF the regular election OF said officers, and until
| their successors elected aud qualified.
3. When the inhabitants OF part OF any county
contiguous and adjoining to any city or town, shall de-
sire to be annexed to such city town, they may ap-
ply by petition in writing to the county court oil the
proper county, signed by the Inhabitants SO applying.
to be in number not less than majority OF the electors
which petition shall describe the terroryProposed to be
! annexed and be accompanied by an accurate map or
plat thereof and shall the person or persons III
| prosecuting said petition.
To- When any such petition shall be presented to
the county court, the same shall be fled ana IKE pro-
ceedngs shall be had for hearing thereon as pre-
scribed by the third fourth and fifth sections OF tnis
and should the said petion be granted the judge
shall endorse said petition an order to the euect
that the territory described in the petition may De an
nexed to and become part of the city or town named
said petition and the petition together with the map
plat shall BIO delivered to the clerk or recorder OF
such city or town.
IL. No further action shall be taken on such order
for the space of two mouths, and within that time any
person interested may in like manner as provided in
the seventh section ofths act institute proceeding to
have the proposed annexation prevented, ana Snail
appear to the court or judge hearing such proceeding
that majority Of the electors Aforesaid actually resid
ing within the limits described in such petition have
not sgced the same that the territory proposed to
be annexed large that said territory
is properly described he shall make an order to re-
strain further action under the order OF the county