Engineer. contract. Assessment of cost. and the Auditor in appointing an Engineer in charge of said ditches and the report of said engineer thereon, and the Appraisers. appointment of appraisers to assess the damages caused by the construction of said ditches and their report thereon, and the orders of the Board in locating and constructing said ditches, the letting and making of said contract therefor, the Deviation in irregularities and deviations from the surveys, plats and profiles in making said contract for the construction of said ditches, the service of the notices for the location of said ditches and the damages caused by the construction thereof, the notice of the time and manner of the letting of the said contract for the construction of said ditches, the deviations from surveys, plats and profiles in the construction of said ditches, the appointment of the commission to assess the cost of said ditches on the lands benefited thereby, as well as the appointment of the second commission to make additional and supplemental assessments of the costs of said ditches on the lands benefited thereby, the irregularities in the manner and time of the assessments of the costs of construction of said ditches on the lands benefited thereby, by said commissions, the iregularities in the assessments of the taxes on the lands benefited thereby, the irregularities in the issuing of bonds and warrants in payment for said work, and all other acts done or performed by said Board of Supervisors or the officers of said County in connection with the construction of said ditches, Be and the same are hereby legalized and shall be held and decreed valid and effectual to the same extent and effect in all respects as to said proceedings, as if the same had fully conformed to the law when the same were had and taken, and said ditches as now constructed or hereafter to be constructed in accordance with the contract now made, shall be held and deemed to be lawful ditches, to be maintained and repaired as provided by law, in respect to such public improvements, and all provisions of the law applicable to ditches duly constructed under chapter two, title ten of the Code of 1873 and the amendments thereto, shall apply to said ditches. Issuing bonds. Legalized. Publication. SEC. 2. This act being deemed of immediate importance shall take effect and be in force on and after its publication in the Calhoun Republican, a newspaper published in Rockwell City, Iowa, and the Iowa State Register, a newspaper published at Des Moines, Iowa, the provisions of section thirty three of the Code of 1873 to the contrary notwithstanding, such publication to be without expense to the State. Approved April 12th, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 19 and the Calhoun Republican April 18 1890. FRANK D. JACKSON, Secretary of State. CHAPTER 113. LEGALIZE CERTAIN DEED-DAVIS COUNTY. AN ACT legalizing and declaring valid a certain deed or conveyance S. F. 426. McPherson. cutors. WHEREAS, the last will and testament of the late William M. As to will of McPherson deceased, a resident of the city and county of St. Louis, Missouri, at the date of his death, was duly admitted to probate in the Probate court, and in for the county of St.. Louis, Missouri, on the 9th day of November A. D. 1872, and Charles Parsons, John R. Shepley and John F. Gibbons were appointed and designated by said will as executors and trustees of the estate of said McPherson deceased, granting to said trustees and executors and to the survivors, and survivor of them, the power and authority to sell and convey the real estate the late William M. McPherson, deceased, died seized, and whereas the said executors and trustees gave bond, which Bond of exewas by the court approved, and qualified as such and whereas said Shepley and Gibbons each died prior to the 15th day of October 1884, leaving said Parsons sole executor and trustee of said estate, and whereas the late William M. McPherson, deceased, was at the date of his death the owner of and died seized of the title to the following described real estate situated in Davis County, State of Iowa, to-wit: The north west quar- Real estate ter of the north west quarter of section thirteen, in township seventy north, of range fourteen west, and whereas on the 21st day of April 1885 there was filed in the office of the clerk of the circuit court of Davis county, Iowa a copy of the aforesaid will and of the original record of the probate thereof, together with a copy of the original record of the appointment, qualification and of the bond given of such executors and trustees, of said foreign court, all duly authenticated as required by the statutes of Iowa, in such cases made and provided, and whereas said will was duly admitted to probate by the circuit court aforesaid at the April term 1885 thereof, and on the fifth day of August 1885 said Parsons sole surviving executor and trustee of the aforesaid will and estate, sold and by Sale of propproper deed conveyed to J. D. Trebilcock of Davis county, Iowa, the real estate above described, which said deed was filed for record in the office of the recorder of deeds of Davis Record. county, Iowa, on March 11th, 1886 and recorded in "Book No. 31 of Deeds, on page 436" of said office, and whereas it description. erty. Acts legalized Proviso. Publication. has since been learned that the clerk of the aforesaid circuit court failed and neglected to record on the records of his office that portion of said transcript of the aforesaid records so filed in his office on April 21st, 1885, required by section 2352 of the Code of Iowa, as amended by chapter 162 of the Laws of the 18th General Assembly of the state of Iowa, Therefore Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the sale of the north west quarter of the north west quarter of section number thirteen (13) in township number seventy (70) north, of range number fourteen (14) west in Davis county, Iowa by Charles Parsons executor and trustee of the last will of William M. McPherson, deceased, late of St. Louis, Missouri, to J. D. Trebilcock, and the deed of conveyance of said real estate by said executor and ⚫ trustee to said Trebilcock, dated August 5th, 1885 and recorded in Book No. 31, at page 436, of records of deeds in Davis county, Iowa, be and the same are hereby declared valid, legal and of full legal force and effect, in law and equity from the date of said deed, as fully as if all the requirements of the statutes of this State, in relation to such sales and conveyances, had been in every respect complied with, for more than three months immediately prior to the date of said deed, regardless of any provision of the statutes of this State to the contrary: Provided, that the provisions of this Act shall in no manner affect adverse rights vested at the date of said deed. 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 Iowa State Leader, newspapers published at Des Moines, Iowa, without expense to the State. Approved April 17th, 1890. I hereby certify that the foregoing act was published in the Des Moines Leader April 24, 1890. FRANK D. JACKSON, Secretary of State. CHAPTER 114. LEGALIZE ACTS N. S. PAULL. AN ACT to legalize the official acts of N. S. Paull as acting Deputy S. F. 399. WHEREAS, On the first day of March 1890 Ellen Scott was Appointment the duly elected and qualified Recorder of Worth County Iowa not approved. and on that day she in writing appointed Mrs. N. S. Paull Deputy Recorder of said county and whereas said appointment was not approved by the Board of Supervisors of said County until their April session 1890 WHEREAS On the 3d day of March 1890 said Ellen Scott Resignation. filed with the County Auditor of said County her written resignation of the office of Recorder of said county to take effect. when her successor was appointed and qualified. WHEREAS, On the 7th day of March 1890 said Ellen Scott Vacancy. removed permanently from said Worth County Iowa thereby creating a vacancy in said office of Recorder. Board pre WHEREAS, On account of the serious illness of two members Action of of the Board of Supervisors it was not practicable to hold a vented. special session of said Board to fill the vacancy in the office of said Recorder of Worth County. Deputy. WHEREAS The said N. S. Paull continued to act as Deputy Action of Recorder of Worth County after the vacancy occurred and until the office of Recorder was filled by appointment at the April 1890 session of the Board of Supervisors of said County. WHEREAS Vast private interests are involved which may result in great loss to divers and sundry persons unless said acts are legalized Therefore, Interests involved. ized. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the official acts of the said N. S. Paull as Acts legalacting Deputy Recorder of Worth County Iowa from and including March 1st A. D. 1890 to the present time are hereby legalized and made valid as if her appointment had been duly approved and no vacancy had occurred in said office of Recorder of Worth County Iowa. SEC. 2. This act being deemed of immediate importance Publication shall take effect and be in force from and after its publication in the Iowa State Register and Worth County Index without expense to the State. Approved April 15th, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 18 and Worth County Index April 24 1890. FRANK D. JACKSON, Secretary of State. H. F. 39. Defective. records. Doubts. Acts legalized. Publication. CHAPTER 115. LEGALIZE ACTS CLERK OF COURTS-PLYMOUTH COUNTY. AN ACT to legalize the acts of the clerks of the district and circuit courts of Plymouth County, in entering judgments on confession in said court. WHEREAS it has been the practice of the Clerks of the District and Circuit Courts in and for the County of Plymouth since the year 1880 in entering Judgments on confession in said Courts, to record in the record books of said courts the statement for confession of Judgment only, and enter the same on the Judgment dockets and the index books of said courts without making any Judgment Entry in the record books, as required by law, and WHEREAS doubts have arisen as to the legality of said Judgments and the title to numerous pieces of real-estate in said County by reason of process having been issued and sales made under Judgments so entered, Therefore Be it enacted by the General Assembly of the State of Iowa: That all Judgments by Confession entered by the Clerks of the District and Circuit Courts of said County of Plymouth in the manner recited by the preamble to this act are hereby legalized and made as valid and effectual in law, as though the same had been in all respects entered upon the record books of said courts as required by law, and all process which has been issued upon Judgments so entered and all acts and proceedings had thereunder together with all sales made on such process, and the title to all property real or personal resting upon such sales are hereby declared as legal and binding as the same would have been, had such Judgments been properly and legally entered of record, at the time of the filing of such statements for confession. SEC. 2. This act being deemed of immediate importance, shall take effect from and after the date of its publication in the Des Moines Leader and The Le Mars Globe, newspapers published at Des Moines, and Le Mars, Iowa. Approved April 15th, 1890. I hereby certify that the foregoing act was published in the Des Moines Leader and Le Mars Globe April 18, 1890. FRANK D. JACKSON, Secretary of State. |