of their own organization, they must adopt articles of incorpora- Articles to be tion, which must be signed and acknowledged by the incorpo- recorded. adopted and rators, and recorded in the office of the recorder of deeds of the county where the principal place of business is to be, in a book kept therefor; the recorder must record such articles as aforesaid, within five days after the same are filed in his office, and certify thereon the time when the same was filed in his office, and the book and page where the record thereof will be found. The said articles and certificate of recorder shall be then recorded in the office of secretary of state, in a book kept for that purpose. ness. Section 1064. The corporation may commence business as soon when it may as the articles of incorporation are filed in the office of the recorder begin busiof deeds, and their doings shall be valid if the publication in a newspaper is made, and articles recorded in the office of the secretary of state within three months from such filing in the recorder's office. Approved, February 27, 1878. CHAPTER 24. CHESTER DAIRY ASSOCIATION. AN ACT to Legalize the Incorporation of the Chester Dairy Associa- s. F. 192. tion, in Poweshiek county. WHEREAS, Wilson Sherman, Winchester Stockwell and others Preamble. did, on the 15th day of December, 1875, adopt articles of incorporation for the Chester Dairy Association, which articles were recorded in the office of the recorder of Poweshiek county, on the 22d day of December, 1875, and in the office of the secretary of state, on the 25th day of February, 1876; and WHEREAS, Said articles by oversight failed to state the highest amount of indebtedness or liability to which said corporation might be at any one time subject; and WHEREAS, By like oversight the notice required by law was not published; and WHEREAS, Doubts have arisen as to the powers of said corporation and the rights and liabilities of members; therefore, Be it enacted by the General Assembly of the State of Iowa: ized. SECTION 1. The incorporation of the Chester Dairy Associa- Incorporation is hereby legalized as fully and completely as if the law re- tion legallating to the incorporation had been fully complied with; and the rights and liabilities of members, excepting liabilities already incurred, shall not be other or greater than if the law had been fully complied with. Approved, February 28, 1878. S. F. 14. Preamble. ized under chapter 143, 16th G. A. legalized. CHAPTER 22. LEGALIZING SUPERIOR COURTS IN CITIES. AN ACT to Legalize and Establish Certain Courts Organized under WHEREAS, Courts have been organized in this state under the provisions of chapter 143, of the laws of the sixteenth general assembly: WHEREAS, Doubts have arisen as to the constitutionality of said courts on account of the provision in said act, submitting the same to the people: Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all courts heretofore organized in this State Courts organ- under the provisions of said chapter 143, and approved March 17, 1876, are hereby declared to be legal and valid, and the establishment and organization thereof in pursuance of said act, and all doings, processes, judgments and proceedings in said courts, and the elections and commissions of the judges thereof are hereby legalized and declared to be lawful and valid to all intents and purposes as fully in all respects as if said act had been fully enacted and declared to be a law, without any submission to a vote of the people as provided in the second section of said act. SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect and be in force from and after its publication in the Daily State Register, and Daily Iowa State Leader, newspapers published at Des Moines, Iowa. Approved, February 27, 1878. I hereby certify that the foregoing act was published in the Iowa State Register, and Iowa State Leader, February 28, 1878. JOSIAH T. YOUNG, Secretary of State. S. F. 37. Code, 1060 and 1064, substitutes for CHAPTER 23. CORPORATIONS FOR PECUNIARY PROFIT. AN ACT to Repeal Sections 1060 and 1064, Chapter 1, Title IX., of the Code, relating to Corporations for Pecuniary Profit, and enact Substitutes in lieu thereof. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That sections 1060 and 1064 of the Code of 1873, be and they are hereby repealed, and the following enacted in lieu thereof: Section 1060. Previous to commencing any business, except that of their own organization, they must adopt articles of incorpora- Articles to be tion, which must be signed and acknowledged by the incorpo- recorded. adopted and rators, and recorded in the office of the recorder of deeds of the county where the principal place of business is to be, in a book kept therefor; the recorder must record such articles as aforesaid, within five days after the same are filed in his office, and certify thereon the time when the same was filed in his office, and the book and page where the record thereof will be found. The said articles and certificate of recorder shall be then recorded in the office of secretary of state, in a book kept for that purpose. ness. Section 1064. The corporation may commence business as soon When it may as the articles of incorporation are filed in the office of the recorder begin busiof deeds, and their doings shall be valid if the publication in a newspaper is made, and articles recorded in the office of the secretary of state within three months from such filing in the recorder's office. Approved, February 27, 1878. CHAPTER 24. CHESTER DAIRY ASSOCIATION. AN ACT to Legalize the Incorporation of the Chester Dairy Associa- S. F. 192, tion, in Poweshiek county. WHEREAS, Wilson Sherman, Winchester Stockwell and others Preamble. did, on the 15th day of December, 1875, adopt articles of incorporation for the Chester Dairy Association, which articles were recorded in the office of the recorder of Poweshiek county, on the 22d day of December, 1875, and in the office of the secretary of state, on the 25th day of February, 1876; and WHEREAS, Said articles by oversight failed to state the highest amount of indebtedness or liability to which said corporation might be at any one time subject; and WHEREAS, By like oversight the notice required by law was not published; and WHEREAS, Doubts have arisen as to the powers of said corporation and the rights and liabilities of members; therefore, Be it enacted by the General Assembly of the State of Iowa: ized. SECTION 1. The incorporation of the Chester Dairy Associa- Incorporation is hereby legalized as fully and completely as if the law re- tion legallating to the incorporation had been fully complied with; and the rights and liabilities of members, excepting liabilities already incurred, shall not be other or greater than if the law had been fully complied with. Approved, February 28, 1878. H. F. 259. dogs from running at large. CHAPTER 25. CONFERRING ADDITIONAL POWERS ON CITIES UNDER SPECIAL AN ACT to Amend the Charters of all Municipal Corporations existing and acting under Special Charters not now having the powers herein granted, and Conferring Additional Powers upon such cities. Additional to Code, Chapter 10, Title IV.: "Of Cities and Incorporated Towns." Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all cities existing and acting under special May prohibit charters, which do not now have the powers herein enumerated, shall have power to regulate, restrain, license or prevent the running at large of dogs within said cities, and to require dogs to be kept upon the premises of the owners thereof, unless licensed to run upon streets, alleys, and other places other than the premises of the owner, and to provide for the destruction of the same when found in said cities contrary to and in violation of the provisions of any ordinance or by-laws passed pursuant to the powers herein granted. Approved, February 28, 1878. CHAPTER 26. H. F. 85. Code, 3751: substitute for. Notice of filing. DEPOSITIONS. AN ACT to Repeal Section 3751, Chapter 1, Title 22, of the Code, Relating to Depositions, and to enact a Substitute therefor. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 3751 of the Code is hereby repealed, and the following is enacted in lieu thereof: upon Section 3751. That the clerk shall, forthwith, after filing depositions in his office, issue a notice of the filing of such depositions, reciting therein the title of the cause, names of witnesses, and the date of filing such depositions, and serve the same the attorneys of the parties in the action therein recited. Said notice shall be deemed duly served, when the clerk shall have deposited copies of the same in the post-office at the place where such cause is pending for trial, duly directed to the post-office address of the respective attorneys, for the parties in such action, which notice shall be so mailed by the clerk on the day he files such deposition; and if the post-office address of any of the attorneys of the parties is unknown to the clerk, he shall then deposit said notice, addressed to such attorney or attorneys, at the postoffice where such cause is then pending for trial. No exceptions Exceptions. to depositions other than for incompetency or irrelevancy shall be regarded, unless made by motion filed by the morning of the second day of the first term held after the depositions have been filed by the clerk; Provided, Such depositions have been filed three Proviso: days prior thereto. If the depositions are afterwards received during such term, such motion shall be filed by the morning of the third day after such depositions are filed. All motions to suppress depositions must be filed before the Time of filing cause is reached for trial. notion to suppress. Approved, February 28, 1878. CHAPTER 27. CITY OF KNOXVILLE. AN ACT to Amend Section 9 of Chapter 71 of the Laws of the Fifth H. F. 495. Be it enacted by the General Assembly of the State of Iowa: 5th G. A.: SECTION 1. That section 9 of chapter 71 of the laws of the 19, chapter 71, fifth general assembly of the state of Iowa be repealed, and the substitute for. following enacted in lieu thereof: Section 9. That the qualified electors of the city of Knox- Election. ville shall, on the first Monday of April, A. D. 1878, elect one alderman from each ward of said city for the term of one year, and one alderman from each ward of said city for the term of two years, and annually on the same day thereafter elect one alderman from each ward of said city for the term of two years, who shall serve until their successors are elected and qualified. The qualified electors of said city of Knoxville shall also elect on the first Monday of April, A. D., 1878, and annually thereafter, and at the same time a mayor, a recorder, assessor, and a treasurer. And the mayor and alderman so elected, together with the alder man whose term of office has not yet expired, when assembled City council. together and duly organized shall constitute the city council, a majority of whom shall be necessary to constitute a quorum for the transaction of business, which council shall, at its first regu lar meeting after each annual election, elect a city marshal by ballot, whose term of office shall be for the period of one year, and shall be subject to removal by said council. The mayor, recorder, assessor and treasurer shall be elected by the legal voters of said city for the term of one year, and shall serve until their successors are elected and qualified. |