jury ap the following: Provided, that in counties having a population, as shown by the last preceding census, of twenty thousand or Clerk of grand over, the Court, in the exercise of a sound discretion may appoint a competent person, not a member of the grand jury, pointed. clerk, thereof, who shall receive a compensation of $3.00 per Compensation. day. He shall take no part in the proceedings aside from his clerical duties, and he shall strictly abstain from expressing an opinion upon any question before the grand jury either to the Duties strictly jury or to any member thereof, and shall not be present when any vote is being taken upon the finding of an indictment. And provided, further, that the following oath must be administered to such clerk: "You as clerk of the grand jury shall faithfully and impartially perform the duties of clerk and you will not reveal to any one the proceedings of the grand jury. You will strictly abstain from expressing any opinion upon any question before the jury, either to the jury or any member thereof, so help you God.' clerical. Oath. Publication. SEC. 2. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader, newspapers pub. lished at Des Moines, Iowa. Approved April 3, 1888. I hereby certify that the foregoing act was published in the Iowa State Register and Des Moines Leader, April 4, 1888. FRANK D. JACKSON, Secretary of State. S. F. 56. State and defendant entitled to ten challenges. CHAPTER 39. PEREMPTORY CHALLENGES OF JURORS. AN ACT, to Amend Sections 4413 and 4414 of the Code of Iowa, Relating to Peremptory Challenges of Jurors, in Criminal Cases. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That sections 4413 and 4414 of the Code of Iowa, be, and the same are hereby amended to read as follows: Sec. 4413. If the offense charged in the indictment is or may be punishable with death, or imprisonment for life; the State and defendant are each entitled to ten peremptory challenges; if any other felony to six each; and if a misdemeanor to three each; Sec. 4414. The State shall be entitled to the first challenge, and shall challenge one juror, the defendant shall be entitled to the second challenge and shall chal lenge one juror, the State shall be entitled to the third challenge, and shall challenge one juror, the defendant shall be entitled to the fourth challenge and shall challenge one juror; and so on alternately until all the challenges are exhausted. Approved April 12, 1888. CHAPTER 40. PROCEEDINGS IN SUPERIOR COURTS. AN ACT to Amend Chapter 143 of the Acts of the Sixteenth Gen- s. F. 30. amended. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That chapter 143 of the acts of the Sixteenth Chap. 24, acts General Assembly, and chapter 24 of the acts of the Nineteenth 19 G. A. General Assembly be and the same are hereby amended as follows, to-wit: That section six (6) of the acts of the Sixteenth General Assembly be and the same is hereby repealed, and the following is enacted in lieu thereof: Sec. 6. Said court shall have jurisdiction in all civil matters concurrent with the district court as now and as may hereafter be provided by law, except in probate matters and actions for divorce, alimony and separate maintenance. It shall have exclusive original jurisdiction to try and determine all actions, civil and crim. inal, for the violation of city ordinances, and all jurisdiction conferred on police courts as now or as may hereafter be provided by law; and concurrent jurisdic tion with justices of the peace, and writs of error and appeals may be taken from justices' courts in the township in which the court is held, and by consent of parties from any other township in the county. For the trial of criminal actions on information and complaint the court shall be open at such times under such rules as the court shall prescribe. In actions by attachment, where real property is levied on by writs of attachment, the officer levying the writ shall make entry thereof in the encumbrance book in the office of the clerk of the district court, in like manner and with like effect as of levies made in the district court. May have con- May have con- G. A., as י SEC. 2. That section seven (7) of the acts of the Sixteenth Sec. 7, acts 16 General Assembly, as amended by section four (4) of the acts of amended by 19 the Nineteenth General Assembly be repealed and the following G. A. reis enacted in lieu thereof: pealed. Change of venue. Number of terms each year. Jury in civil cases. Sec. 7. Changes of venue may be had from said court in all civil actions to the district court of the county, in the same manner, for like causes and with the same effect as the venue is changed from the district court as now or hereafter may be provided by law. All criminal actions, including those for the violation of the city ordinances shall be tried summarily and without a jury, saving to the defendant right of appeal to the district court, which appeals shall be taken in the same time and manner as appeals are taken from justices' courts in criminal actions. SEC. 3. That section sixteen of chapter 143 of the acts of the Sixteenth General Assembly, as amended by section six (6) of chapter twenty-four of the acts of the Nineteenth General As sembly be amended by striking out the word "one," in the thirteenth line, and inserting in lieu thereof the word "two." SEC. 4. Said court shall hold at least eight, and not to exceed eleven terms each year, the times thereof being arranged by the judge of the court in such manner as shall least conflict with the terms of the district court of the county where said superior court is held, the terms to be fixed by the general order made of record at least ten days before the first term of that year, but no term need be held in the month of August. SEC. 5. In all civil cases where the jury shall consist of six jurors the challenges allowed to either party shall be limited to three each, but where the jury shall consist of twelve jurors the same number of challenges shall be allowed to either party as is now or may hereafter be allowed in the district court. Approved March 23, 1888. S. F. 207. CHAPTER 41. SETTLEMENT OF ESTATES. AN ACT to Facilitate Settlement of Estates, and to Enable Administrators, Guardians, Trustees and Referees to Deposit Funds and Securities Subject to Approval of Court, and Making the Clerk and Treasurer Liable Therefor in Certain Cases. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Whenever any administrator, guardian, trustee Final report of or referee shall desire to make his final report as such and who administrator. shall then have in his possession or under his control in his fidu ciary capacity, any funds, moneys, or securities due, or to become due to any heir, legatee, devisee, or other person, the payment of which might then be made to such heir, legatee, devisee or other person if living or present within the county or securities of district where such appointment as administrator, guardian, trustee or referee was made, such funds, moneys or securities may be de- Funds, moneys posited with the clerk of the district court of the county may be deposwherein such appointment was made, and if he shall otherwise ited with clerk discharge all the duties imposed upon him by such appointment court. he may take the receipt of the clerk of the district court for such funds, moneys or securities so deposited, which receipt shall specifically set forth from whom said funds, moneys or se curities were derived, the amount thereof, and the name of the person to whom due or to become due, if known. Thereupon said administrator, guardian, trustee or referee may file such receipt with his final report, and if it shall be made to appear to the satisfaction of the court, that he has in all other respects complied with the law governing his appointment and duties, the court may approve snch final report and enter his discharge. Discharge. Provided, that notice of such contemplated deposit, and if final report shall be given for the same time and in the same manner as now required in case of final report by administrators. trict court of deposit. SEC. 2. The clerk of the district court with whom any de- Clerk of disposit of funds, moneys or securities shall be made as provided shall keep a in the preceding section, shall enter in a book to be provided book account and kept for the purposes hereof, the amount of such deposit, the character thereof, the date of its deposit, from whom received, from what source derived, to whom due or to become due, if known. He shall be liable upon his bond for all funds, moneys, or securities which may be deposited with him, under the provisions hereof. If the funds, moneys or securities so deposited with the clerk shall not be paid to the person to whom the same is due, or to become due, within one year from the date of its deposit the clerk shall then deposit such funds, moneys Clerk may deor securities with the county treasurer for the use of the county county treaswherein such appointment was made, taking the treasurers re- urer. ceipt therefor, countersigned by the county auditor, who shall thereupon charge upon the books of his office and against the treasurer the amount named in such receipts. SEC. 3. Whenever any funds, moneys or securities shall posit with account of de be deposited with the county treasurer, as provided in this act, Treasurer to he shall enter in a book provided and kept for that purpose, the keep a book date of such deposit, the amount thereof, from whom received, posit, the source from which derived, and the name of the person to whom the same is due or to become due if known. Whenever the claimant therefor, upon proper application made to the district court, shall satisfactorily show to such court that he is the rightful owner of said funds, moneys or securities and en. titled thereto, the court by order entered of record shall direct the county auditor to issue a warrant on the county treasurer Warrants isfor said money, funds or securities, and upon such order the said sued for the treasurer shall pay to the person named in such order the funds, moneys or securities to which the claimant shall have shown himself entitled. deposit. Approved April 3, 1888. S. F. 130. Chapter 70 acts 20 G. A. amended. CHAPTER 42. FILING CLAIMS FOR DOMESTIC ANIMALS KILLED. AN ACT to Amend Section Five of Chapter Seventy of the Laws of Be it enacted by the General Assembly of the State of Iowa: H, F. 45, Section 796 CHAPTER 43. COUNTY TAX LEVY. AN ACT to Repeal Sub-division 2 of Section 796 of the Code of 1873, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That sub-division two of section seven hundred code chapter and ninety six of the Code of eighteen hundred and seventy. chapter 13 acts three, chapter twenty eight, of the acts of the Fifteenth Gen18 G. A., chap- eral Assembly, chapter thirteen of the acts of the of the G. A. repealed. Eighteenth General Assembly, and chapter one hundred and 28 acts 15 G. A., ter 182 acts 20 The substitute. eighty two of the acts of the Twentieth General Assembly be and the same are hereby repealed and the following enacted in lieu of said sub-division two of section seven hundred and ninety six of the Code of eighteen hundred and seventy three: SUB-DIVISION 2. For ordinary county revenue, includ ing support of the poor, not more than four mills on a dollar and a poll tax of fifty cents; provided however that in counties having a population of twenty thousand and less, excepting counties having an area |