Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

comply with act

organized under the provisions of chapter fifty-two of the publish required

notice legalized. Revision as amended by chapter one hundred and seventy-two of the acts of the Thirteenth General Assembly, which have failed to publish the notice required by section eleven hundred and fifty-five of said chapter fifty-two, within three months from filing the articles of incorporation in the recorder's office as required by section eleven hundred and fifty-six of the said Revision, be, and the same are hereby, made as legal and binding as if such notice had been given: Provided, Said notice has [been] or shall be proviso. published within twelve months from the filing of the articles of incorporation in the recorder's office.

SEC. 2. That all such corporations organized since the Failing to taking effect of said chapter one hundred and seventy-two, ofte, recalized which have failed to have its (their) articles of incorporation filed in the office of the Secretary of State, within three months from the time such articles were filed in the office of the recorder of deeds, is hereby legalized: Provided, Proviso. Said articles are or shall be filed in the office of the Secretary of State within twelve months from such filing in the recorder's office.

Sec. 3. That nothing in this act shall be construed so Contracts and as to relieve such corporation from the fulfillment of all affected, contracts made prior to the taking effect of this act, or to relieve individual members thereof from liability to the amount of the unpaid installments ou stock owned by them or transferred by them for the purpose of defrauding creditors.

Sec. 4. This act, being deemed of immediate impor- In force when tance, shall take effect from and after its publication in the Daily State Register, and Iowa State Leader, newspapers published in Des Moines, Iowa, without expense to the State.

Approved, April 10th, 1872.

Contracts and liability not

[ocr errors]

I hereby certify that the foregoing act was published in the Daily State Leader, April 13, and in the Daily Iowa State Register, April 14, 1872.

ED WRIGHT, Secretary of State.

Ch. 89.]

CHAPTER XXXVII.

[S. F. 43.

TERM OF SUPREME COURT AT COUNCIL BLUFF8.

.

APRIL 10.

AN ACT to Provide for an Argument Term of the Supreme Court

at Council Bluffs.

cos, to go there.

go to Des Moines

SECTION 1. Be it enacted by the General Assembly of Two terms a year the State of Iowa, That the Supreme Court shall hold at Council Bluffs.

argument terms at the city of Council Bluffs twice a year, viz.: commencing on the third Mondays in March and September in each year.

Seo. 2. The same rules of practice which obtain in the other argument terms shall apply in this one.

Seo. 3. Causes must be taken to said argument term Causes from 18 from the following counties: Fremont, Page, Taylor, Ring

gold, Union, Adams, Montgomery, Mills, Pottawattamie,

Cass, Shelby, Harrison, Monona, Crawford, Woodbury, By consent, may Ida, Sac, and Plymouth. But with the consent of the

appellee, expressed in writing on the notice of appeal, the appellant may take such appeal to the proper term of the Supreme Court at the capital. :

Seo. 4. Appeals from other counties of the State shall Same from other go to the argument term herein provided for, provided the

consent thereto of the parties be expressed in writing on the notice of appeal.

SEC. 5. Each Judge of the Supreme Court shall have Judge's milence, the same mileage as is now allowed for attending the

argument term at Dubuque, to be reckoned in the same Clerk's compen- manner; and the Clerk of said Court shall have the same

compensation as is now allowed him for attendance on the other argument terms.

Sec. 6. This act shall apply to all appeals from the Applicatlon of counties aforesaid which have not been argued prior to the

taking effect hereof.

Approved, April 10th, 1872.

counties to Coun. cil Bluffs.

sation.

act.

Ch. 91.]

CHAPTER XXXVIII.

[H. F. 19.

DEPUTY COUNTY AUDITORS AUTHORIZED.

AN ACT Authorizing the Appointment of Deputy County Au

ditors.

appoint deputy.

SECTION 1. Be it enacted by the General Assembly Co. auditor may of the State of Iowa, That the county auditor of any county in the State may, if he deems it necessary, appoint a deputy auditor, for whose acts he shall be responsible, and whose appointment must be approved and compensation fixed by the board of supervisors of the county.

Sto. 2. Said deputy shall have power to perform any Powers of of the official duties of his principal, the same as deputies deputy. of other civil officers now fixed by law.

SEC. 3. This act, being deemed of immediate impor- In force when. tance, shall be in force from and after its publication in the Daily State Register, and Daily State Leader.

Approved, April 10th, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, and Daily State Leader, April 12, 1872.

ED WRIGHT, Secretary of State.

CH. 92.]

CHAPTER XXXIX.

TH. F. 26.

CONTRACTS BETWEEN CONNECTING RAILROAD COMPANIES.

AN ACT to Amend Chapter Eighty-six, of the Acts of the Tenth APRIL 10.

General Assembly of Iowa, approved March 28, 1864, and Le-
galizing Contracts made within the Limits of this Act.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section two of chapter eightysix of the acts of the Tenth General Assembly of Iowa 1864.: ch.86. be and the same is hereby amended so as to read “not to “exceed twenty per cent. of the gross earnings” in place R. R. cos, may of “fifteen” and all bona fide contracts, heretofore made allow drawbacks within the limit herein provided, are hereby ratified and connecting roads. confirmed, and such contracts shall be held to be as legal, and binding upon the parties thereto, as if they had been Contracts made within the limit provided by the act to which this lege act is amendatory.

Approved, April 10th, 1872.

f 20 per cent, to

egalized,

Ch. 93.]

CHAPTER XL.

[H. F. 327.

property caused by change of

when.

Assessment of damages.

Appraisers.

APRIL 11. __ AN ACT Requiring Cities to pay Damages in certain Cases.

SECTION 1. Be it enacted by the General Assembly Cities and towns of the State of Iowa, [That] whenever any city or town in ciation of deprom this State, authorized by law to establish and regulate the

urged grades of the streets and alleys of such city or town, shall grade of streets, have established the grade of any street or alley, and any

person shall have built or made any improvements on such street or alley according to the established grade thereof, and the city authorities shall alter said established grade in such a manner as to injure or diminish the value of said property, said city shall pay, to the owner or owners of said property so injured, the amount of such damage or injury.

Seo. 2. Said damage or injury shall be assessed by three persons, one of whom shall be appointed by the mayor of such city or town, one by the owner of the property, and one by these two so appointed, or, in case of their disagreement, by the mayor and owner, or, in case of their disagreement, by the city council or town trustees : Provided, That if the owner of such property shall fail to appoint one such appraiser in ten days from the time of receiving notice so to do, then the city council, or

town trustees, shall appoint all such appraisers; and no until damages such alteration of grade shall be made until said damages dered.

so assessed shall have been paid or tendered to the owner or owners of the property so injured or damaged.

SEC. 3. The appraisers shall be sworn faithfully to Qualification of execute their duties according to the best of their ability.

Before entering upon their duties they shall give notice by publication for three weeks in one or more newspapers printed in such city, to the persons interested, of the time and place of their meeting for the purpose of viewing the premises and making their assessment, at least ten days before the time of such meeting. They shall view the premises, and, in their discretion, receive any legal evievidence, and may adjourn from day to day. When the appraisement shall he completed, the appraisers shall sign and return the same to the city council or town trustees, within thirty days of their appointment. The city council, or town trustees, shall have power, in their discretion, to confirm or annul the appraisement, and, if annulled all

No alteration

are paid or ten

appraisers. Notice.

View and hearing.

Return of appraisement,

Council may coufirm or annul,

confirmation to

the proceedings shall be void, but if confirmed an order Effect. of confirmation shall be entered.

SEC. 4. Any person interested may appeal from the Appeal from order of confirmation to the district court of the district district court. in which such city or town is situated, by notice in writing to the mayor, at any time before the expiration of twenty days after the entering of the order of confirmation. Upon trial of the appeal, all questions involved in Trial of same; the proceedings, including the amount of damages, shall be open to investigation, and the burden of proof shall in burden of proof. all cases be upon the city or town to show that the proceedings are in conformity with this act.

Sec. 5. The cost of any proceeding under this act, Costs. incurred prior to the order of such city council or trustees confirming or annulling the appraisement, shall, in all cases, be paid by such city or town.

Approved, April 11th, 1872.

Ch. 94.]

CHAPTER XLI.

[S. F. 136.

SUBDIVISIONS OF LANDS AND LOTS TO BE PLATTED.

AN ACT to Provide for surveying Lands or Lots in certain Cases. APRIL 11.

Subdivisions of
town lots, and
40 a cre tracts, to

J platted and

SECTION 1. Be it enacted by the General Assembly Subdivisions of of the State of Iowa, That in all cases where any person 10 or persons, company or corporation, has [divided], or may be surveyed, hereafter divide, any town-lot or parcel of ground within numbered. any incorporated town or city, or any tract of land containing forty acres or less, in such a manner that the subdivisions cannot be accurately described without noting the metes and bounds, with a view to sell such lots or lands in parcels, it shall be the duty of such person or persons, company or corporation, to cause such lots or lands to be surveyed, and a plat thereof made by the surveyor of the county where such lots or lands are situated, which plat shall particularly describe and set forth the lots or parcels of land surveyed, as aforesaid; the lots or subdivisions thus made shall be numbered in progressive numbers, and the plat shall show the number and location of each lot or subdivision, and the description of the lot or tract of land of which such land is a part, and also the quantity of land in each lot. Said plat shall be certified Record. to by the surveyor, and recorded in like manner as the

« ΠροηγούμενηΣυνέχεια »