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The commissioner must be sworn, by some officer Commissioner

may swear his authorized to administer oaths, to faithfully and impar- assistants. tially discharge his duty as such commissioner, and, after being thus qualified, he shall, by virtue of said office, have power to swear the assistants employed in laying out the road described in his commission, to a faithful and impartial performance of their respective duties, except that, where the connty surveyor is employed, he need not be sworn.

Approved, April 6th, 1872.

Ch. 72.]

CHAPTER XXVIII.

[H. F. 78.

BRIDGE-TAX IN CITIES AND TOWNS.

AN ACT Relating to Taxes Levied for Bridge Purposes.

APRIL 6.

Cities and towns to be entitled to bridge tax when.

Duty of co treas. urer.

SECTION 1. Be it enacted by the General Assembly of Cities an the State of Iowa, That the incorporated cities and to be entitled to towns of this State, within the limits of which bridge are constructed over running streams, and maintained at the expense of such cities and towns, shall be entitled to all bridge-taxes levied by county authority, and collected on property within the limits of such cities or towns: Pro- Proviso. vided, That this act shall only apply where bridges exceeding seventy-five feet in extreme length have been, or shall be constructed and maintained by such municipal authority.

Seo. 2. The county treasurer shall pay to the proper Ort municipal officer all moneys in his hands, which come within the provisions of the foregoing section, at the same time and in the same manner as other funds collected for city and town purposes: Provided, That wherever the Proviso. taxes so levied and tolls collected and paid over to the proper municipal officer shall have amounted to the cost of constructing and maintaining such bridges, the bridge-ded by munici tax herein provided for shall thereafter remain in the refunded, balance county treasury for general bridge purposes, subject only to remain in co. to the cost of maintaining such municipal bridges in good condition and repair.

Sec. 3. This act, being deemed of immediate impor- In force when. tance, shall take effect and be in force from and after its

When amt, expen

pality has been

publication in the Daily State Register, and Iowa Review, newspapers published at Des Moines.

Approved, April 6th, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 9, and in The Ioroa Review, April 13, 1872.

ED WRIGHT, Secretary of State.

Ch. 73.]

CHAPTER XXIX.

[H. F. 101.

CLERKS OF COURTS CANNOT BE ATTORNEYS NOR JUSTICES.

APRIL 6.

AN ACT Prohibiting Clerks and Deputy Clerks of District and

Circuit Courts, practicing as Attorneys or Solicitors in said
Courts, and to Prohibit their holding the Office of Justice of the
Peace.

clerks of courts

be justices.

SECTION 1. Be it enacted by the General Assembly Clerks and dep’ty of the State of Iowa, That every person acting as clerk not to act as at- or deputy clerk of any district or circuit court in this State horneysnor to shall be and is hereby prohibited from practicing, directly

or indirectly, as an attorney or solicitor in such court; nor

shall any person acting as clerk or deputy clerk of said

esent courts hold the office of justice of the peace: Provided, clerks not affect- That this act shall not e[a]ffect any persons now holding

the office of clerk[s] or deputy clerk and justice of the peace, during their present terms of office.

Approved, April 6th, 1872.

Proviso: present

ed.

CH. 74.]

CHAPTER XXX*.

[H. F. 41.

MUTUAL BUILDING ASSOCIATIONS.

APRIL 6.

AN ACT to Enable Co-operative and Mutual Loan Associations to

raise Funds to be loanedamong their Members for building Homesteads, and for other Purposes, to become a Body corporate.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any number of persons, not

* See chapter ci.

mutual loan as

poration,

Proviso;

usury

Proviso: no per

than ten shares.

Provision for similar societies

ized.

less than five, may associate themselves together and Co-operative and become a corporation as provided in and by the general sociations may be incorporation laws of the State of Iowa, for the purpose of more persons.

formed of five or raising moneys to be loaned among the members of such corporation and to other persons, for use in buying lots or houses, or in building or repairing houses, or other purposes.

SEO. 2. Such corporation shall be authorized and em- Powers of corpowered to levy, assess, and collect from its members such sums of moneys, by rates of stated dues, fines, interest on loans advanced, and premiums bid by members for the right of precedence in taking loans, as the corporation, by its by-laws, shall adopt; also to acquire, hold, encumber, and convey all such real estate and personal property as may be legitimately pledged to it, on such loans, or may otherwise be transferred to it in due course of its business: p. Provided, That the dues, fines, and premiumis, so paid by law not to apply. members, in addition to the legal rate of interest on loans taken by them, shall not be construed to make the loans son to hold more so taken usurious: And provided also, That no person" shall hold more than ten shares in any such association.

Sec. 3. That when mutual loan societies, or other associations, heretofore organized under the laws of this State, heretofore organwith objects similar to those contemplated in the preceding sections, and permitting not more than ten shares of their stock to be owned by any one member, have loaned, or shall hereafter loan, their capital, or funds, or any part thereof, to their members, and have taken or shall take notes or obligations therefor, secured by mortgages or otherwise, in accordance with the terms of their articles of incorporation and by-laws, such notes, obligations, and securities shall not be construed or held to be usurious by reason of any dues, fines, or premiums, for the right of preference in taking such loans, paid in addition to the legal rate of interest, but the same shall be valid and binding in all respects; the payment of such dues, fines, or premiums, in addition to a rate of interest not exceeding ten per centum per annum, payable annually or at any less period, notwithstanding.

SEC. 4. That so much of the earnings of such corpo- Amt, may be set rations as may be necessary, not exceeding ten per cent. a per annum, may be set apart to defray the current necessary real expenses of said association, and for the purchase of such real estate as may be necessary for the convenient transaction of its business; and the residue of said earnings shall be transferred to the credit of the shareholders, and, when said shares are fully paid, then to be paid rata- Fine bly to the shareholders.

apart for current expenses and

e tate.

Final dividend.

Seo. 5:. Thike effect and be in topister, and Daily

SEO. 5. This act, being deemed of immediate imporIn force when. tance, shall take effect and be in force from and after its

publication in the Daily State Register, and Daily State Leader.

Approved, April 6th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader, April 9, and in the Daily Iowa State Register, April 10, 1872.

ED WRIGHT, Secretary of State.

Ch. 75.]

CHAPTER XXXI.

[S. F. 32.

POLL-TAXES IN CITIES AND TOWNS.

APRIL 6.

_ AN ACT Authorizing Municipal Corporations to Levy Poll-Taxes.

rations having

may require male

to work on game

SECTION 1. Be it enacted by the General Assembly Municipal corpo- of the State of Iowa, That municipal corporations, control of streets whether organized under special charters, or under the resinedis beware provisions of chapter fifty-one, Revision of 1860, and tween 21 and 50 where by the terms of the charter the same are invested

with the care and control of streets and highways within Rev : ch. 51. their respective limits, are hereby empowered to provide

by ordinance that all able-bodied male residents of the incorporation, between the ages of twenty-one and fifty years, shall between the first day of April and the first day of September in each year, either by themselves or satisfactory substitutes, perform two days' labor upon the streets, alleys, or highways within such incorporation, at such times and places as the proper officer may direct, and upon three days' notice in writing given.

SEO. 2. That said municipal incorporations may furForfeiture for ther provide, by ordinance, that for each day's failure to non-compliance ; attend and perform the labor as required, at the time and

place specified, the delinquent shall forfeit and pay to the

incorporation the sum of any sum not exceeding two to be collected as dollars for each day's delinquency, and that all such sums

remaining unpaid on the first day of September in each year, may be treated and collected as taxes on property, and the same shall be a lien on all the property of the delinquent that may be listed for taxation and assessed and owned by him on the first day of November of the same year.

Forfeiture for

other taxes.

Seo. 3. This act, being deemed of immediate impor- In force when. tance, shall take effect and be in force from and after its publication in the Des Moines Daily Register, and Ottumwa Daily Courier.

Approved, April 6th, 1872.

I hereby certify that the foregoing act was published in the Ottumwa Daily Courier, April 9, and in the Daily Iowa State Register, April 10, 1872.

ED WRIGHT, Secretary of State.

Ch. 76.]

CHAPTER XXXII.

[S. F. 184.

AOKNOWLEDGMENTS IN FOREIGN COUNTRIES.

AN ACT Concerning Acknowledgments of Deeds and other Instru- APRIL 6.

ments in Writing, executed in Foreign countries.

superseded.

SECTION 1. Be it enacted by the General Assembly 1966: chapter 46 of the State of Iowa, That chapter forty-six of the laws ** of the Eleventh General Assembly be, and the same is hereby, repealed, and that in lieu thereof the following provisions are enacted:

Sec. 2. All instruments in writing, deeds,, mortgages, Instruments in or other conveyances of lands within this State, or powers in foreign counof attorney, or any other written documents which are tries how proved. executed without the United States, may be acknowledged or proven before any embassador, minister, secretary of legation, consul, charge d'affaires, consular agent, or any other officer of the United States, in a foreign country, who is authorized to issue certificates under the seal of the United States. Said instruments in writing may also be acknowledged or proven before any officer of a foreign country, who is authorized by the laws thereof to certify to the acknowledgments of written documents; but the Certificate of forcertificate of acknowledgment by a foreign officer must authenticated. be authenticated by one of the above named officers of the United States, whose official written statement, that full faith and credit is due to the certificate of such foreign Credit due such officer, shall be deemed sufficient evidence of the qualification of said officer to take acknowledgments and to certify thereto, and of the genuineness of his signature or Instruments seal if he have any. All instruments in writing already here executed or which may be hereafter executed in accordance clared valid.

Instruments in > writing executed

eign officer, how

heretofore executed, when de

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