peal. Question of dwelling-house, out-house, orchard, or garden of the overflow or proprietor of any real estate so taken will be thus overinjury, and amt of dam- flowed or otherwise injuriously affected, and such quesages, to be tion, as well as the amount of damages, shall be tried tried on ap in the district court on such appeal. Act applied SEC. 4. This act shall apply as well to dams of the to existing kind above mentioned already in existence, and to the hightening of the same, as to those hereafter to be Proviso: not erected: Provided, That the provisions of this act shall to discontinue suits for not operate to discontinue any suit brought for damages damages till on account of any dam until the railroad company, for comp'y make whose benefit the application is made, shall deposit deposit. dams. with the clerk sufficient money to pay all costs, including reasonable attorneys' fees incurred by the owner of the land in bringing such suit. SEC. 5. This act shall take effect and be in force Taking effect. from and after the time it is published in the Daily State Register and Iowa Homestead, newspapers published at Des Moines. Approved April 7, 1868. I hereby certify that the foregoing act was published in the Daily State Register April 21, 1868, and in The Iowa Homestead May 1868. ED WRIGHT, Secretary of State. APRIL 7. CHAPTER 118. IN RELATION TO FEES OF CLERKS OF THE DISTRICT COURT. AN ACT to Amend Section 430 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 430 of the Revision Sec. 430, Rev. of 1860 be and the same is hereby amended by insert1860, amend- ing, in the fifth line after the word Appeal, the word "and" instead of the word "or." ed. SEC. 2. This act, being deemed of immediate imTaking effect. portance, shall take effect and be in force from and after its publication in the Iowa State Register and National Platform, newspapers published in Des Moines, Iowa. Approved April 7, 1868. I hereby certify that the foregoing act was published in the Iowa State Register April 22, 1868, and in The National Platform May 1, 1868. ED WRIGHT, Secretary of State. CHAPTER 119. LEGALIZING ACTS OF NOTARY PUBLIC IN LEE COUNTY. AN ACT to Legalize the Official Acts of James Hagerman, No- APRIL 7. tary Public, Lee County, Iowa. SECTION 1. Be it enacted by the General Assembly Lee county, legalized. of the State of Iowa, That all the official acts of James Official acts Hagerman, a notary public in and for Lee county, Iowa, of J. Hagerdone and performed by him, and attested by a seal man, N. P., engraved with the words "Notary public," instead of "Notarial seal," as required by law, be and the same are hereby legalized and declared to be as valid and binding as if his said official seal had been in all respects in conformity to law. Approved April 7, 1868. CHAPTER 120. CLAIMS OF FIRST IOWA CAVALRY. AN ACT to Provide for the Adjustment of Claims of Members of the First Iowa Cavalry. APRIL 7. claims of 1st SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Adjutant-General shall Adjt. General examine into the claims of any members of the First to examine Iowa Cavalry for services and horses prior to July 31, Iowa Cav. for 1861, where said members have not been paid by the services, &c.; State or the United States, and whenever the AdjutantGeneral has had sufficient and satisfactory proof of any such claim, he shall cause to be made out regular officers' pay-rolls for the officers, and regular company pay-rolls for the privates and non-commissioned officers; to make out and, the same being receipted by the soldier, or, in case pay-rolls; of his death, by his administrator or executor, or his lawful heir or heirs, or, should any of the heirs be minors, then by their guardian, the Adjutant-General and to issue shall issue his certificate therefor, directed to the State certificates Auditor, and said Auditor, upon receipt thereof prop- Auditor, on erly indorsed by the owner of the certificate, shall draw receipts, to his warrant upon the State Treasurer for the amount so issue certified by the Adjutant-General. for amts. due. rants. war SEC. 2. In case any disbursing officer of the United U.S. Govern- States Government shall pay the amount due prior to ernment pro- July 31st, 1861, to officers and soldiers of the First Iowa viding for Cavalry, or in case payment shall be provided for the payment, no action to be same by an act of the Congress of the United States taken by A.G. previous to this act taking effect, then the AdjutantGeneral of this State shall take no action in relation to the payment of said officers and soldiers of said regiment as is provided for in this act. Take effect SEC. 3. This act shall take effect and be in force from and after its publication according to law. Approved April 7, 1868. CHAPTER 121. LEGALIZING ACTS OF A NOTARY PUBLIC IN CLAYTON COUNTY. APRIL 7. AN ACT Providing for the Legalization of certain Official Acts of William Tiede, Notary Public of Clayton County. Preamble. WHEREAS, William Tiede has heretofore acted as notary public for the county of Clayton; and WHEREAS, The said William Tiede during his term of office made use of a seal by which an ink impression was inade upon the paper, and on which the words "Notarial Seal" were not engraved, as required by law: therefore, SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in all cases where the said Acts of Wm. William Tiede, during his term of office, officially Tiede, N. P., attached such defective seal to written instruments, Clayton co., with defec- the same shall be deemed legal and sufficient in law, tive seal, le- and the record of such instruments, or authenticated galized. copies thereof, shall be received in evidence in all cases the same as if the law had been strictly complied with. Approved April 7, 1868. CHAPTER 122. AMENDATORY OF THE SCHOOL LAW. AN ACT to Amend Section Number Fifty-eight of Chapter One Hundred and Seventy-two of the Laws of the Ninth General Assembly. APRIL 7. Co. treasurer dents of amts. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section number fifty-eight of chapter one hundred and seventy-two of the laws 1862, ch. 172. of the Ninth General Assembly is hereby amended by quarterly to the addition of the following: On the first day of notify school each quarter, the county treasurer shall, as required of board presithe clerk, in section fifty-six of said chapter, give collected; notice to the president of the school board of each township in his county, of the amount collected for each fund; and it shall be the duty of the president of president to each board to draw his warrant, countersigned by the secretary, upon the county treasurer for such amount, who shall pay the amount of such taxes to the treasurers of the several school boards only on such warrant. Approved April 7, 1868. draw war rant. CHAPTER 123. CIRCUIT COURTS IN LEE COUNTY. AN ACT Supplemental to an Act entitled An Act for establishing Circuit and General Term Courts, and to define the Power and Jurisdiction thereof. SECTION 1. Be it enacted by the General Assembly of APRIL 7. courts both the State of Iowa, That in all counties having two Counti's with county seats, or where sessions of the district court are 2 co. seats to held at different places in said county, the circuit court have circuit shall also hold regular terms at said different county- places. seats, or places where terms of the district court are held, for the trial of all actions under this act, except Exception. probate matters requiring notice by law, which matters shall be heard and disposed of at the regular county seats only; and said terms shall alternate between said Terms to aldifferent county - seats or places of holding court, and ternate. such counties shall for such purposes be geographically Proviso: Division of divided in the same manner as they are now divided counties. for judicial purposes of the district court: Provided, judge may That in such counties the circuit judge may appoint, in appoint four addition to the other terms of court to be held in his terms for pro- county, not to exceed four special terms of court at the regular county-seat for the hearing and disposing of probate matters only, if in his judgment [the] same shall be needed and required for the disposal of said business. bate matters. Taking effect. SEC. 2. This act shall take effect on the first Monday of January, A. D. 1869, except so much thereof as provides for fixing the terms for holding the circuit courts, which shall take effect as provided by section 25, of the Revision of 1860. Approved April 7, 1868. APRIL 7. and J. F. & S. CHAPTER 124. THE DUBUQUE AND SIOUX CITY LAND GRANT. AN ACT to Legalize, Confirm, and Carry out a Contract between SECTION 1. Be it enacted by the General Assembly Contract be- of the State of Iowa, That a contract entered into tween D. & S. between the Dubuque and Sioux City Railroad Company C. R. R. Co. of the first part, and the Iowa Falls and Sioux City C. R. R. Co., Railroad Company of the second part, transferring so transferring much of the Dubuque and Sioux City Railroad as rights, land- remains to be constructed, together with the franchises, grant, &c., confirmed. right of way, depot grounds, and other appurtenances of said road to be completed, also transferring all right and title of the said Dubuque and Sioux City Railroad Company to so much of the lands granted by Congress to aid in the construction of said road as shall appertain to, or be legally applicable to the construction of the uncompleted part of the Dubuque and Sioux City RailException: road as aforesaid, except as to the lands hereinafter D., B. & S. R. granted to the Dubuque, Bellevue and Sabula Railroad R. Co. Company, be and is hereby legalized and confirmed. |