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of officers

legalized.

And the said proceedings to incorporate the territory within Incorporasaid boundaries and in the plat aforesaid are hereby legalized and tion and acts declared to be of the same force and effect as though the descrip. thereunder tion in said petition conformed to the plat aforesaid, and all the official acts of the acting officers of the town of Kellogg, and all the ordinances passed by the acting town council of said town, be, and the same are hereby legalized, and declared to be of the same force and effect as though the said error in the said proceedings had not occurred.

SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect and be in force on and after its publication in the Iowa State Register, and Leader, newspapers published in Des Moines, without expense to the state.

Approved, February 4th, 1878.

I hereby certify that the foregoing act was published in the Iowa State Leader, February 8, and Iowa State Register, February 9, 1878.

JOSIAH T. YOUNG, Secretary of State.

CHAPTER 3.

ANNEXATION OF CONTIGUOUS CITIES OR TOWNS.

AN ACT to Amend Section 432 and to Repeal Section 433 of Chapter S. F. 32
10, Title 4, of the Code, and to provide a Substitute therefor, in re-
lation to Cities and Towns.

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

amended.

SECTION 1. That section 432 of the Code of Iowa be amended Code, 432 by striking out the words, "at least one month" and inserting in lieu thereof the words, "and one publication had thereof at least ten days."

SEC. 2. That section 433 be and is hereby repealed and the Code 433 repealed. following enacted in lieu thereof:

porations is

Section 433. When certified copies of the proceedings for an- When annexnexation are filed as contemplated in the preceding section, the ation of corannexation shall be deemed complete, and the terms and condi- complete. tions mentioned in section 432 of the Code shall be part of the law for the government of the city or town to which annexation is made, and said city or town shall have the power and it shall be its duty to pass such ordinances, not inconsistent with law, as will carry into effect and maintain the terms of such annexation, and thereafter the city or town annexed shall be governed as part of the city or town to which the annexation of it is made; and any citizen of the annexed city or town may institute and maintain legal proceedings to compel the city or town, and the council or trustees thereof, to which annexation is made, to execute such terms and conditions; Provided, That such annexation shall not affect or impair any rights or liabilities then exist- shall not ing for or against either of such cities or towns, and that they liabilities.

Proviso: annexation

af

fect rights or

Proviso: reference to intervening

may be enforced the same as if no such annexation had taken place: And provided further, That a city or town separated from another city or town by an intervening city, town, or terricity or town. tory, may be annexed to such city or town in the manner herein. before provided, but such annexation shall not be consummated and completed until such intervening city, town, or territory is also annexed. Any proceedings which may have been commenced under said sections as amended under the provisions of this act and prior to the taking effect of this act for the annexation of a city or town, are hereby declared valid and legal, and such proceedings may be completed in accordance with said sections and the provisions of this act.

SEC. 3. This act, being deemed of immediate importance, shall Publication. take effect and be in force from and after the date of its publication in the Iowa State Register, and Iowa State Leader, papers published at Des Moines, Iowa, the provisions of section 33 of the Code, to the contrary notwithstanding.

Approved, February 11, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, and Iowa State Leader, February 12, 1878.

JOSIAH T. YOUNG, Secretary of State.

H. F. 71.

Preamble.

CHAPTER 4.

TOWN OF WILTON.

AN ACT to Legalize the Incorporation, Ordinances, and Acts of the
Officers of the Town of Wilton, in the county of Muscatine.

WHEREAS, The town of Wilton, in the county of Muscatine, was incorporated in the year 1857, under the provisions of the Code of 1851, a charter adopted in due form, which was immediately filed with the county judge of Muscatine county, who failed to make any record of the preliminary measures taken by the voters of said town, and neglected to record the charter as was provided by law; and

WHEREAS, The legal voters of said town have continuously since the adoption of said charter in 1857, elected officers as provided thereby, and have by said officers continuously conducted the municipal affairs of said town as though the town had been legally incorporated, and the officers of said town have been and now are acting under said charter, and such amendments as have from time to time been made, and under such ordinances as have been passed by the acting authorities of said town, among which acts said officers, in the year 1862, procured the original charter to be recorded by the then county judge on the proper records of municipal incorporations. And recently doubts having been raised as to the legality of said original in

corporation and subsequent recording of said charter and the ordinances passed thereunder; therefore,

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

tion and acts

SECTION 1. That the original incorporation of the town of Incorpora. Wilton, in Muscatine county, with all amendments and changes of officers made in the charter of said town, all ordinances and acts of said thereunder legalized, corporation, and the officers acting by virtue of authority conferred thereby, be and the same are hereby legalized, and to have the same force and effect as if said original incorporation had been in strict compliance with the law then in force.

SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect from and after its publication in the Iowa State Register and Wilton Review, provided such publication shall not be at the expense of the state.

Approved, February 12, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, February 16, and in the Wilton Review, February 21, 1878. JOSIAH T. YOUNG, Secretary of State.

CHAPTER 5.

OLE HULVERSON, N. P.

AN ACT to Legalize the Official Acts as Notary Public of Ole Hulver- S. F. 130. son, of Clayton courty.

WHEREAS, Ole Hulverson, born in Norway, believing himself Preamble. to have been a citizen of the United States by virtue of the naturalization of his father, held and exercised the office of notary public in and for Clayton county, Iowa, under commissions from the governor of said State, during the period between October 16th, 1857, and September 20th, 1863; and

WHEREAS, The evidence of said naturalization has been lost and doubts exist as to the validity of the official acts of said Hulverson; therefore,

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

SECTION 1. That all official acts of the said Ole Hulverson as Official acts legalized. notary public in and for Clayton county, during the period between October 16, 1857, and September 20, 1863, be and the same are hereby legalized and declared valid and binding in all respects, as fully to all intents and purposes as if he had been during the period aforesaid a lawful citizen of the United States and of the State of Iowa, and eligible to the said office.

Approved, February 12, 1878.

H. F. 40.

district and

CHAPTER 6.

INDEPENDENT SCHOOL DISTRICT OF MARTELLE.

AN ACT to Legalize the Acts of, and to Establish the Independent
School District of Martelle.

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

SECTION 1. That the formation of the independent school disFormation of trict of Martelle, in Jones county, and the acts of its officers under acts of officers the same, as well as the acts of the board of directors of district township of Linn, Linn county, in attaching a part of sub district number 7, to the independent school district of Martelle, are hereby legalized.

thereunder

legalized.

SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect and be in force from and after its publication in the State Register, a newspaper published in the city of Des Moines, and the Anamosa Eureka, a paper published in Jones county, provided such publication be made without expense to the State. Approved, February 15, 1878.

I hereby certify that the foregoing act was published in the Iowa
State Register, February 26, 1878.
JOSIAH T. YOUNG, Secretary of State.

S. F. 59.

Preamble.

CHAPTER 7.

SALE OF SCHOOL LANDS IN CHEROKEE COUNTY.

AN ACT to Legalize the Sale of certain School Lands in Cherokee county, Iowa.

WHEREAS, The board of supervisors of Cherokee county, Iowa, did, at their regular session, in September, A. D. 1871, authorize the auditor of said county to exchange the contract made January 1st, A. D. 1870, between said county and John A. Sanborn, for the sale of the south half of section No. (16) sixteen, in township No. (92) ninety-two, of range No. (39) thirty-nine, west of the 5th P. M., in Cherokee county, Iowa, for the price of two dollars and fifty-three and 44-100 cents per acre, for two other contracts, entered into between said county and John A. Sanborn and James C. Richardson, respectively; and

WHEREAS, Said auditor, by virtue of said authority did, on the fifth day of September, 1871, make a contract with said James C. Richardson for the sale of the east half of the southeast quarter of said section sixteen, for the price of two dollars and fifty-three and 44-100 cents per acre, which was approved on the same day by said board of supervisors; and

WHEREAS, Doubts have arisen as to the validity of said contract; therefore,

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

SECTION 1. That the sale of said land to said Richardson is Sale of land hereby legalized and made valid, and the proper authorities are and patent to legalized, hereby authorized and empowered to issue a patent of said real be issued estate to said James C. Richardson, or his assigns, upon payment of the contract price therefor.

SEC. 2. This act, being deemed of importance, shall be in Publication force and effect from and after its publication in the Iowa State Register, a newspaper published at Des Moines, Iowa, and the Cherokee Times, a newspaper published at Cherokee, Iowa, without expense to the state.

Approved, February 19, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, February 26, and in the Cherokee Times, February 28, 1878. JOSIAH T. YOUNG, Secretary of State.

CHAPTER 8.

TOWN OF SHELDON.

AN ACT to Legalize the incorporation of the Town of Sheldon and H. F. 206. its Ordinances and the acts of its Officers thereunder.

WHEREAS, The inhabitants of the town of Sheldon, in O'Brien Preamble county, Iowa, did on the 25th day of March, 1876, by a large majority vote in favor of incorporating said town; and

WHEREAS, All the requirements of law in regard to said incorporation have been complied with except that the original petition which was signed by more than thirty of the electors of said town, was presented to the clerk of the circuit court of O'Brien county instead of the circuit judge, which said clerk appointed the five commissioners and acted in place of the circuit judge in regard to said incorporation, although the proceedings of said incorporation of the town of Sheldon were read in open court in the April term of the said O'Brien county circuit court and ap proved by the judge thereof; and

WHEREAS, The council of said town of Sheldon did make and adopt laws, rules and ordinances for the government of the said town of Sheldon; and

WHEREAS, A certain number of ordinances of said town of Sheldon were passed by the council of said town by the suspension of the rules, and when three-fourths of the entire council were not present, although a majority of said council were present and voted upon the passage of said ordinances; and

WHEREAS, Doubts exist as to the legality of such incorporation, and the official acts of said council and officers of said town

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