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CH. 224.]

CHAPTER CXXIV.

[H. F. 44.

TAX DEEDS.

APRIL 24.

Rev.: 781 amended.

out when.

AN ACT to Amend Section Seven Hundred and Eighty-one of the
Revision of 1860.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section seven hundred and eighty-one of the Revision of 1860, be, and the same hereby, is amended so as to read as follows:

SEC. 781. Immediately after the expiration of ninety Deed to be made days from the date of completed service of written notice, as hereinafter provided, which shall in no case be less than two years and nine months from the date of sale of the land therein set forth, for taxes under the provisions of this act, the treasurer then in office shall make out a deed for each lot or parcel of land so sold and remaining unredeemed, and deliver the same to the purchaser upon Notice that deed the return of the certficate of purchase. The notice

be made to be

given,

and upon whom served.

Service upon non-residents.

shall state the date of sale, the description of the land or town-lot sold, the name of the purchaser, and that the right of redemption will expire, and a deed for said land be made, unless redemption from such sale be made within ninety days from the completed service thereof. By whom signed It shall be signed by the lawful holder of the certificate of purchase, his agent, or attorney, and shall be served upon the person or persons in possession of such land or town-lot, and also upon the person or persons in whose name the same is taxed, if such person resides in the county where the land is situate, in the same manner as is provided by law for the service of original notices in the district court. Service of such notice may be made upon non-residents of the county or State, by publishing the same three times in some newspaper printed in said county, and if no newspaper is printed in said county, then in the nearest newspaper that is published in this State. But any such non-resident may file with the treasurer of the county a written appointment of some resident of the county where his lands or lots are situate, as agent. upon whom service of such notice shall be made, and in such case personal service of said notice shall be made upon said agent in the same manner as upon the resident owner. Service of notice shall be deemed completed when an affidavit of the service of said notice, and of the particular mode and manner thereof, duly signed and verified by the holder of the said certificate of purchase, his

Agent of nonresidents.

Comp'e ed service.

agent or attorney, shall have been filed with the treasurer authorized to execute the tax-deed. Such affidavit shall Affidavits filed; be filed by said treasurer, and carefully preserved and entered upon the records of his office, and said record or

affidavit shall be prima facie evidence of the completed evidence of what. service of notice herein required, and until such com

tion.

pleted service of said notice, the right of redemption from Right of redemp-. such sale shall not expire. Any person, swearing falsely False swearing. to any fact or statement contained in said affidavit, shall be deemed guilty of perjury, and, punished accordingly. The cost of serving the said notice, whether by publica- Costs. tion or otherwise, together with the cost of preparing the affidavit and the jurat thereto, shall be added to and deemed part of the redemption money necessary to make redemption after the service of such notice. But this Application. amendment shall not apply to sales made prior to the taking effect thereof.

Approved, April 24th, 1872.

CH. 225.]

CHAPTER CXXV.

[H. F. 208.

THE TERRITORY OF DISTRICT TOWNSHIPS.

AN ACT Providing for restoring Territory for School Purposes to
Township Districts to which it geographically belongs.

APRIL 24.

SECTION 1. Be it enacted by the General Assembly Reservation of of the State of Iowa, That in all cases where territory has tached from disbeen or may be set into an adjoining county or township trict-townships. for school purposes, under the provisions of chapter ninety-four, laws of the Thirteenth General Assembly, or

11 G. A.: ch. 148.

of section twenty-nine (sec. 37, S. L. 1868), chapter one 1870: ch. 94. hundred and seventy-two, laws of the Ninth General As- 1862: ch. 172. sembly, as amended April 3d, 1866, such territory may be restored by the concurrence of the respective boards of directors; but on the written application of two-thirds of the electors residing upon the territory within the township in which the school-house is not situated, the said board shall restore the territory to the township district in which it geographically belongs.

SEC. 2. In case an independent district embraces a

tricts.

Independent dis- part or the whole of a civil township which has no separate district township organization, upon the written application of two-thirds of the electors, residing upon the territory of such independent district and within such civil township, to the board of directors, they shall set off such territory, whether provided with school-houses or not, to be organized as a district-township in the manner provided for such organization when a new civil township is formed.

SEC. 3. Chapter ninety-four, laws of the Thirteenth 1870 ch. 94 re- General Assembly, is hereby repealed.

pealed.

In force when.

SEC. 4. This act, being deemed of immediate importance by the General Assembly, shall take effect and be in force from and after its publication in the Daily Iowa State Register, and Daily Iowa State Leader.

Approved, April 24th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader, May 1, and in the Daily Iowa State Register, May 2, 1872.

ED WRIGHT, Secretary of State.

APRIL 24.

amended.

7000 people, with

of $5,000,

CH. 227.J

CHAPTER

CXXVI.

[S. F. 76.

COUNTY INDEBTEDNESS.

AN ACT to Amend Sections One and Two, of Chapter Fifty-four, of the Acts of the Thirteenth General Assembly.

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SECTION 1. Be it enacted by the General Assembly of 1870: chapter 54 the State of Iowa, That section one of chapter fifty-four of the acts of the Thirteenth General Assembly, be, and the same is hereby, amended by striking out the figures 3000," in the third line of said section, and inserting in Counties of over lieu thereof the words "Seven thousand ;" and by strikdebt, Jan. 1,1872, ing out the figures "1870," in the fourth line of said section, and inserting in lieu thereof the figures "1872;" and that section two of said chapter be, and the same is hereby, amended, by striking out the figures "1870,” in the ninth line of said section two, and inserting in lieu thereof the figures "1872;" and by inserting after the word "exchange," in the eleventh line of said section two, the words," But such bonds shall not be exchanged for bonds for out any indebtedness of the county, except by the approval of "the board of supervisors of said county."

may fund amt. due May 1.

Exchange of

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SEC. 2. This act, being deemed of immediate impor- In force when. tance, shall take effect from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers published at Des Moines, Iowa.

Approved, April 24th, 1872.

I hereby certify that the foregoing act was published in the Daily
Iowa State Register, and in the Daily State Leader, May 1, 1872.

ED WRIGHT, Secretary of State.

CH. 228.]

CHAPTER CXXVII.

[S. F. 22.

CHANGE OF VENUE IN JUSTICE'S COURT.

AN ACT to Repeal Section 3875 of the Revision of 1860, and to APRIL 24.
Enact a Substitute therefor.

perseded.

SECTION 1. Be it enacted by the General Assembly Rev.: $3875 suof the State of Iowa, That section 3,875 of the Revision of 1860 be, and the same is hereby, repealed, and there is enacted in lieu thereof the following, to-wit:

have change of

affi- venue; but only a tice is related or witness, or has

one, unless jus

is

for

a

been attorney.

"Section 3875. Either party, before the trial is com- Either party may menced, may have a change of venue upon filing an davit that the justice is prejudiced against him, or near relation to the other party, or is a material witness the affiant, or that the affiant cannot obtain justice before him; but no more than one change of venue shall be allowed to each party, unless the justice to whom the case shall be transmitted is related to either party by consanguinity or affinity within the fourth degree, or is a witness, or [has] been an attorney employed in the action, in either of which events, a second change of venue may be allowed to the same party.

Approved, April 24th, 1872.

CH. 229.]

CHAPTER CXXVIII.

[H. F. 367.

APRIL 24.

Act

stock not to af

cerning fences;

FENCES, AND RESTRAINING STOCK.

AN ACT Supplementary to Chapter 26, Laws of the Thirteenth General Assembly, being An Act to restrain Stock from running at large; and also Supplemental to Section Six, Chapter One hundred and sixty-nine, Laws of the Ninth General Assembly, in Relation to Railroad Fences.

SECTION 1. Be it enacted by the General Assembly restraining of the State of Iowa, That nothing contained in chapter fect statute con- twenty-six, laws of the Thirteenth General Assembly, nor that requir. shall ea]ffect the provisions of chapter sixty-one, of the ing railroads to Revision of 1860, in relation to partition fences. Nor shall the same e[a]ffect the provisions of section six, chapter one hundred and sixty-nine, of the laws of the Ninth General Assembly, in relation to railroad fences, and the duties of railroad companies to fence their roads within this State.

be fenced.

1870 ch. 26. Rev. ch. 61. 1862 ch. 169.

Approved, April 24th, 1872.

CH. 230.]

CHAPTER CXXIX.

[H. F. 441.

APRIL 24.

kerp

standard

scales monthly.

KEEPERS OF PUBLIC SCALES.

AN ACT Supplementary to Chapter Fifty-six, Laws of Tenth
General Assembly, relating to Weighmasters of Public Scales.

SECTION 1. Be it enacted by the General Assembly Weighmasters to of the State of Iowa, That it shall be the duty of any weight, and test weighmaster or keeper of public scales, kept for the purpose of weighing stock or grain, to provide and keep a standard weight of not less than fifty pounds avoirdupois, for the purpose of testing such scales, and he shall, at least once a month, and oftener if requested, make a satisfactory test of the correctness of such scales.

lect.

SEC. 2. Any keeper of public scales, failing to comPenalty for neg- ply with the provisions of this act, shall be liable to the same penalty as is provided by section three, chapter fiftysix, of the laws of the Tenth General Assembly. Approved, April 24th, 1872.

1864 ch. 56.

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