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intoxicating liquor otherwise than authorized by this act, or False returns make any false return to the county auditor, or use any tor. request for liquors for more than one sale, in any of such cases he shall be deemed guilty of a misdemeanor, and upon conviction punished accordingly.

SEC. 19. Nothing in this act shall be construed to abate Proceedings any action or proceeding now pending in any court in this gun nox State for a violation of the provisions of the sections hereby abated. repealed, or to operate to bar any prosecutions hereafter brought for any such violations committed prior to the passage and taking effect of this act.

Sec. 20. The Superior Courts of this State and the Judges Superior and Clerks thereof shall have and exercise the same powers jurisdiction.

Courts have and duties as are in this act specified for district Courts their Judges and Clerks as to granting and revoking permits.

SEC. 21. 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 the Des Moines Leader, newspapers published in Des Moines, Iowa.

Approved April 18, 1890.

I hereby certify that the foregoing act was published in the Iowa State Register April 23, and Des Moines Leader April 22, 1890.

FRANK D. JACKSON, Secretary of State.

CHAPTER 36.

PHARMACISTS REGISTERED WITHOUT EXAMINATION.

AN ACT to amend section one of chapter one hundred and thirty S. F. 313. : seven (137) Acts of the nineteenth (19th) general assembly relat

ing to pharmacists registered without examination.

Be it enacted by the General Assembly of the State of Iowa:

SECTION ONE (1). That section one (1) of chapter one hun- Certain phardred and thirty seven (137) Acts of the 19th General Assembly macists.do be amended by inserting after the word "examination” in the registration fifth (5th) line the words “shall not” and by striking out the with business. words “who has thus forfeited his registration" in the ninth (9th) line and by striking out the word "is” in the tenth (10th) line and inserting in lieu thereof “will not be.”

Approved April 15, 1890.

when parting

CHAPTER 37.

ELECTION OF COUNTY AUDITOR.

S. F. 7.

AN ACT to amend Sec. 589 of the Code in reference to the election of

County Auditor.

Be it enacted by the General Assembly of the State of Iowa: Election same SECTION 1. That Sec. 589 of the Code, be amended as folcorder of lows by inserting after the word deeds in 3rd line of said sec

the words “And County Auditor” and by striking out of same in said section—after the word year—the words “An Audi

year as Re

Deeds.

to SEC. 2: Alice until the are duly elec

Auditors
elected in
1889 hold until
Jan. 1893.

SEC. 2. All county auditors elected in the year 1889 shall hold their office until the first Monday in January A. D. 1893 or until their successors are duly elected and qualified, such successors shall be elected in the year 1892 and each even

numbered year thereafter. New bond to SEC. 3. It shall be the duty of the County Auditor of each be filed in 1892 County to present at the regular January meeting in 1892 of for one year.

the Board of Supervisors of his County, a good and sufficient bond, in such penal sum and with such conditions as are now prescribed by law for the official bond of such Auditor, which said bond shall be the official bond of said Auditor for the year 1892 and shall be subject to approval as now provided by law for the approval of bonds of County Auditors.

And in case any County Auditor shall fail to furnish such bond creates bond as in this Section required to be presented and approved,

such failure shall create a vacancy in the office of such County Auditor in his County for the year 1892, and such vacancy shall thereupon be filled as now provided by law for filling vacancies in said office.

Approved April 5, 1890.

Failure to

a vacancy.

CHAPTER 38.

CONVEYANCE OF REAL PROPERTY UNDER FOREIGN WILLS.

AN ACT to legalize conveyances of real property by executors or H. F. 348.

trustees under foreign wills.

cumstances

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. All conveyances of real property which have Conveyances heretofore been executed by executors or trustees under for- under foreign eign wills and which were thus executed prior to the expiration certain cirof three months after the recording of a duly authenticated legaliza copy of the will, original record of appointment, qualification and bond, as required by Chapter 162 Acts of the Eighteenth General Assembly, are hereby legalized and declared as valid and effectual in law as though the provisions of said chapter had been strictly followed provided that the proper proof of Proof of authority shall have actually been a matter of record in the auth county where the real property is situated at the time the conveyance was executed or shall have been made a matter of record prior to the passage of this act.

Approved, April 15th, 1890.

authority.

CHAPTER 39.

ASSESSMENT OF CAPITAL STOCK OF BANKING ASSOCIATIONS.

AN ACT to provide for assessment for taxation of the shares of capi- S. F. 38.

tal stock of Banking Associations organized under the general incorporation laws of this State.

bank.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. All shares of the capital stock of banking asso- Shares to be ciations organized under the general incorporation laws of assessed to this state known as state or commercial banks, shall be assessed to such banks in the city or town wherein located, and not to the individual shareholders.

Approved April 10th, 1890.

CHAPTER 40.

LEGAL RATE OF INTEREST.

S. F. 88.

AN ACT to amend Section 2077, Code of Iowa, relating to Interest.

Be it enacted by the General Assembly of the State of Iowa: al rate SECTION 1. That sub-division 7 of section 2077, Code of changed from Iowa, be and the same is hereby amended by striking out the

words “ten cents” in line four of said sub-division, and inserting in lieu thereof the words “eight cents.”

Approved March 21st 1890.

cent.

CHAPTER 41.

BOARDING PRISONERS, -SHERIFF'S FEES.

S. F. 105.

AN ACT to amend section seventeen, chapter ninety-four, laws of

the Nineteenth General Assembly.

Not more than 50 cts. fixed.

· Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That Sec. 17, Chap. 94, Laws of the 19th General Assembly be amended by striking out of the second line the word “less” and inserting the word “more."

Approved March 28th 1890.

CHAPTER 42.

GUARDIANS FOR HABITUAL DRUNKARDS.

AN ACT to amend Section 2272 of the Code of 1873, and to provide H. F. 78.

for appointing guardians of the person of habitual drunkards, and for the custody, restraint, and confinement of habitual drunkards, and their reformation, under orders of the district court, or the judge thereof; and for terminating such guardianship.

Be it enacted by the General Assembly of the State of Iowa:

ourt. Theimne, entian of in him inthe Cou

SECTION 1. That Section 2272 of the Code of 1873 be, and Guardian of the same hereby is amended by adding thereto the following: be guardian Such court may also appoint the guardian of the property of of per an habitual drunkard as the guardian of his person. If the person adjudged to be an habitual drunkard has no property, the court may appoint a guardian of his person. SEC. 2. The District Court, or any Judge thereof, may, Order for re

straint may from time to tiine, enter such orders as may be necessary, be issued. authorizing the guardian of the person of such habitual drunkard to confine and restrain him in such manner and in such place within this State as may, by the Court or Judge, be considered best for the purpose of preventing such drunkard from using intoxicating liquors, and as may tend to his reformation. Such orders may be modified, changed or vacated by such court, or any Judge thereof until the guardianship shall be terminated as hereinafter provided. Such person shall, at all reasonable times, have the right to confer with his attorney; and he may, at any time, apply to the District Court, or any Judge thereof, for the modification or vaca- for modification of any existing order as to his confinement and restraint. Any application for the entry or modification or vacation of any order relative to such confinement or restraint, made by the guardian or his ward, shall be heard upon such notice to the other party as the said court or Judge may direct.

SEC. 3. At any time not less than six months after the Application appointment of such guardian, the person adjudged to be an i habitual drunkard may apply to the District Court, or any dianship. Judge thereof, by petition in the Guardianship proceedings, alleging that he has reformed, and is no longer an habitual drunkard, and asking that the guardianship may be termin

tion of order.

for termination of guar

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