CHAPTER 116. amended. FORECLOSURE OF DEEDS OF TRUST. AN ACT to amend Section 3673 of the Revision, and to regulate the foreclosure of deeds of trust in certain cases. SECTION 1. Be it enacted by the General Assembly Former Sec. of the State of Iowa, That Section 3673 of the Revision of 1860, be, and the same is, hereby amended by adding at the end thereof the following: "Except deeds of trust or mortgages, with power of sale on real estate that may have been or shall hereafter be given for the purpose of securing the State, or any county, or person injured, against losses growing out of the defalcation, fraud, or malfeasance of any officer, deputy, secretary, or person claiming to act for such officer." Words inserted. Publication. SEC. 2. This Act being deemed of immediate importance, shall be in force from and after its publication in the Daily State Register and Iowa Statesman, published in Des Moines. Approved April 2d, 1866. I hereby certify that the foregoing Act was published in the Daily State Register April 18th, 1866, and in the Lowa Statesman, April -th, 1866. JAMES WRIGHT, Secretary of State. CHAPTER 117. RECOVERY OF SWAMP LAND INDEMNITY MONEY. AN ACT to authorize actions to be brought in the name of the State, for the recovery of Swamp Land Indemnity money against the parties liable therefor. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That to recover the amounts due the several counties from the Swamp Land Indemnity Fund, awarded by the United States to this State, for the benefit of said counties, and alleged to have been R. G. Orwig. misappropriated by R. G. Orwig, late Private Secretary to the Governor, the action or actions therefor may be brought in the name of "the State of Iowa," for the use of any or all the counties for whose benefit any portion of said funds may have been awarded, Action bro't in name of State. against any or all of the parties liable therefor, and Rights of that the State, as plaintiff in such action or actions, plaintiff. shall have all the rights and benefits in such proceedings throughout in all respects as belong to parties under existing rules of practice in civil cases. SEC. 2. This Act being deemed of immediate importance shall take effect from and after its publication in the Daily State Register, and Iowa Homestead newspapers published at Des Moines. Approved April 2d, 1866. I hereby certify that the foregoing act was published in the Daily State Register April 18th, 1866, and in the Iowa Homestead April 25th, 1866. JAMES WRIGHT, Secretary of State. Publication. CHAPTER 118. RELATING TO THE PUBLICATION OF THE LAWS. AN ACT to provide for the publication of general and certain local laws, and of the proceedings of the Boards of Supervisors in the several counties. lect two SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Boards of Supervisors Board Superof the several counties shall, at their meeting in the visors to semonth of June, 1866, and thereafter at each regular newspapers. meeting in the month of January, select two newspapers having the largest circulation, or one, if but one be published in the county, in which said paper or papers shall be published all general laws enacted by the present and future General Assemblies: Provided, That in counties having a population exceeding 18,000 inhabitants, in which a newspaper is printed in the German or other foreign language, the same shall be published in one of such papers in addition. Proviso. SEC. 2. It shall be the duty of the Secretary of State Sec. of State, to furnish to the Clerks of the several Boards of Super- duty of. visors, printed slips or copies of newspapers containing all general laws enacted, and special laws applicable within the county, and it shall be the duty of said Clerk, Clerk, duty on the receipt thereof, to deliver the same to the newspapers selected as aforesaid, for publication therein. SEC. 3. In the said papers, so selected, there shall also be published the proceedings of all meetings of the of. Proceedings Boards of Supervisors of the counties in which such Board Super papers are respectively published, copies of which said visors to be proceedings shall be furnished by the Clerks of said published. Boards for that purpose; Provided, That nothing in Proviso. this Act contained shall prevent any Board of Supervisors from procuring the publication of their proceedings at a less price than that prescribed in this Act. tion-how paid. SEC. 4. The compensation for the publication of the Compensa laws and proceedings, as aforesaid, shall be one-third the rates of legal advertisements, as allowed by law. All claims and compensation for the publication of the laws under this Act, shall be audited and paid by the State as like claims are now by law audited and paid; all other claims and compensation under the provisions of this Act, shall be paid by the several counties properly chargeable therewith. Publication. SEC. 5. 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 Homestead, newspapers published in Des Moines. Approved April 2d, 1866. I hereby certify that the foregoing Act was published in the Iowa State Register, April 11th, 1866, and in the Iowa Homestead April 18th, 1866. JAMES WRIGHT, Secretary of State. CHAPTER 119. Former Sec. amended. Jury sworn by Sheriff. Duties of. MILL DAMS. AN ACT amendatory to an Act entitled an Act authorizing milldams, approved January 24th, 1855. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section 1267, Chapter 54, of the Revision of 1860, be amended so as to read as follows: The Jury so summoned shall be sworn by the Sheriff impartially, and to the best of their skill and judgment, to view the lands in said writ described, and the lands both above and below said proposed dam and ascertain and appraise the damages as by said writ directed, to each of the proprietors of said land proposed to be affected by said dam, and also to ascertain whether the dwelling-house, out-house, orchard, or garden of such proprietor shall be overflowed, or other wise injuriously affected, and they shall further inquire How taken. SEC. 2. And be it further enacted, in all cases arising May take tesunder the Act to which this is amendatory, the jury timony. may, in addition to examinations, take the testimony of witnesses. And testimony may be taken to be introduced on the final hearing before the Court in the same manner that the testimony is taken in equitable actions triable by the first method of trying equitable actions, Signed and which inquisition shall be signed by the jurors afore- returned. said, and returned with the writ aforesaid to the Court whence it issued. SEC. 3. All Acts and parts of Acts inconsistent with Repeal. this Act, are hereby repealed. SEC. 4. This Act being deemed of immediate im- Publication. portance, shall take effect and be in force from and after its publication in the Iowa State Register and Iowa Homestead, newspapers published at Des Moines, Iowa. Approved April 2, 1866. I hereby certify that the foregoing Act was published in the Iowa State Register April 18th, 1866, and in the Iowa Homestead April, 25th, 1866. JAMES WRIGHT, Secretary of State. CHAPTER 120. RECORDS OF COUNTY COURTS. AN ACT in relation to County Court Records. SECTION 1. Be it enacted by the General Assembly of Co. Judges the State of Iowa, That hereafter the County Judges of record bonds each county in this State shall keep a book known as "Records of Bonds," in which he shall record all bonds in Probate. Fee. given by administrators, executors, and guardians, and CHAPTER 121. RESUMPTION OF M. & M. R. R. LANDS. AN ACT to quiet the title to certain lands sold by the State to individuals as part of the Des Moines River Grant. WHEREAS, By act of Congress, approved August 8th, Preamble.. 1846, there was granted to the State of Iowa, certain lands for the improvement of the Des Moines River, and under said grant lands lying along said river and within five miles thereof above the Raccoon Forks, were certified to the State by the Department of the Interior, and were sold by the proper State authorities, to individuals, and patents issued therefor, and the proceeds of such sales applied to the improvement of the river; And Whereas, The Supreme Court of the United States has decided that the Des Moines River Grant of lands extended only to the "Raccoon Forks;"" And Whereas, Since said decision Congress has extended the Des Moines River Grants to the Northern boundary of the State, and relinquished to the State, all title which the United States retained in the tracts of land along the Des Moines River, heretofore certified by the Department of the Interior as part of the original Des Moines River Grant, and which is now held by bona fide purchasers of the State of Iowa; And whereas, A large portion of the lands sold by the State to individuals and since falling within the limits of the grant known as that of the Mississippi and Missouri Railroad, has become forfeited to the State, by the failure of said road to comply with the conditions of its grant, and recognizing it as the duty of the State at all times to protect individuals holding its patent for lands purchased in good faith, and for a valuable consideration, in the quiet possession of their farms and houses; therefore SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the lands and all rights to |