Taking effect. SEC. 24. This act, being deemed by the General Assembly of immediate importance, shall take effect from and after its publication in the Iowa State Register and Des Moines Statesman, newspapers published in Des Moines, Iowa. Approved, April 15, 1870. I hereby certify that the foregoing act was published in The Des Moines Daily Statesman, April 25th, and in the Daily Iowa State Register, April 28, 1870. ED WRIGHT, Secretary of State. APRIL 15. ers desire to drain ditches through ty. CHAPTER 159. DRAINAGE ACT. AN ACT to Provide for the Draining of Land. in SECTION 1. Be it enacted by the General Assembly Mode of proced- of the State of lowa, That any person owning or possessure where own- ing any swamp, marsh, or wet land, who shall desire to lands by opening drain the same, and when he shall deem it necessary, adjoining proper order thereto, that a ditch or ditches should be opened through lands belonging to other persons, in case the owners of any such land shall refuse to permit the opening of such ditch, or ditches, through the same, or if the parties cannot agree upon the terms thereof, he may make Application to application, in writing, to the township trustees of the township where such marsh or swamp lands shall be situated, to inquire and determine whether such marsh, swamp, or wet lands are a source of disease to the inhabQuestions rela- itants, and whether the public health would be promoted health and culti by draining the same, and to inquire and determine vation of lands to whether such ditch or drain is necessary for the proper cultivation of the same, and whether the permanent assessed value of said lands will be increased by such drain. Said application shall be filed with the township clerk. tp. trustees. tive to public be inquired into. shall state. SEC. 2. Such application shall state through whose What application premises, if known, it is necessary for said ditch or ditches to pass, and shall also describe said lands. Ten days' notice shall be served upon the owners of said lands, in like manner as notices are required to be served in com served. to be posted. be notice of meeting of trustes. mencement of actions before justices of the peace, and Notice to said notice shall state at what time said application will be filed, and in case the owner of any [of] said land shall be unknown to the applicant, or a non-resident of the State On non-residents or county, then three written notices shall be posted for ten days, in three public places in the neighborhood of the said land, and in the township in which it is situated. SEC. 3. Upon the filing of said application, the trustees Trustees to give shall agree upon a time when they will hear and determine upon said application, and also shall agree upon the place of their meeting. They shall give five days' notice of such time and place of meeting to all persons interested, by posting up three written notices thereof, in three public places in said township. And, upon the day set for hear- Hearing: powers ing said application, said trustees shall, (or if any of the said township trustees should not be present, the trustee or trustees present shall) have power to hear and determine the matters contained in said application, or such trustee or trustees may adjourn the hearing thereof not more than ten days. And, upon the final hearing, said Determination. trustee or trustees, shall determine whether it is necessary to pass through any of said land; and, if they find it necessary, they shall also determine the direcion in which said drain shall run, and the depth and width thereof, as near as may be and said trustees may employ the county surveyor to assist them if Co. surveyor. necessary, the fees of the surveyor being paid in the same manner as the other costs of this proceeding. SEC. 4. The person or persons making the applica- ment of damages tion for the drain, may, under the order of the trustees, enter upon the premises through which said drain is located and construct the same in accordance with said specifications, upon the payment of the damages as hereinafter provided. Construction of drain, on pay Assessments of damages. SEC. 5. If the trustees shall be of the opinion that the drain will be of damage to the land through which it is to pass, then they shall assess the amount of damage to be paid to the owner thereof, and after payment of the amount so assessed, the person or persons making the application may enter upon said land and construct the Applicant may same, and, if no damages be assessed, then the applicant where, shall have full power to enter upon the land through which said drain passes, with the necessary implements to accomplish said work. SEC. 6. The trustees, after having decided in favor of, or against said application, shall reduce their decision to writing, and file the same with the township clerk. construct drain ; Decision to be filed. Appeal to circuit court. the SEC. 7. Either party, feeling aggrieved by the decision of the trustees in the assessment of damages, may appeal to the circuit court of the county in which the land is situated, and the said court may hear and determine in all matters relating to said assessment; but so much of Trustee's decisi'n the decision of said trustees as relates to the location, width, and depth of said drain, shall be final. An appealAppeal: bond. bond shall be required as in cases of appeal from justices of the peace, and the same shall be filed with the township clerk, who shall approve it, and immediately thereafter shall certify all the original papers to the clerk of the circuit court. as to drain flual Trustees to keep SEC. 8. After said drain is completed, it shall be kept drain in repair. in repair under the direction of the township trustees, and, when applied to in writing by any person owning land through which such drain shall run, said trustees shall examine the same and may make such orders in regard to the repair thereof and cleansing the same, as they may deem just and equitable, but they shall not be empowered to order any person to repair or cleanse the same, except the owners of land through which the drain runs. Pay of officers. SEC. 9. The township trustees shall receive for their duties under this act, the sum of one dollar and fifty cents per day, and the township elerk shall receive for filing each application the sum of fifty cents. The surveyor shall receive the fees prescribed by law for like duties performed Payment of costs. by him. The trustees shall make such orders in regard to the payment of costs as they may think just, and they may require their costs to be paid in advance, in the first instance, by the person making the application. Bridging of highways Persons obstruct ditch for SEO. 10. If said drain shall cross a highway, it shall be bridged at the expense of the applicant or applicants. SEC. 11. Any person who shall dam up, obstruct, or chable in any way injure any ditch or ditches so opened, shall be double damages; liable to pay to the person owning or possessing the swamp, marsh, or other low land for the draining of which such ditch or ditches shall have been opened, double the damages that shall be assessed by the jury for such injury; and, in case of a second or other subsequent offense by the same person, treble such damages. for second offense treble 1862: eh. 70 repealed. Taking effect. SEO. 12. Chapter 70 of the acts of the Ninth General Assembly is hereby repealed. SEC. 13. This act shall take effect from and after its publication in the Iowa State Register and Des Moines Bulletin, daily papers published in the city of Des Moines, Approved, April 15, 1870. I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 28, and in the Des Moines Daily Bulletin, April 29, 1870. ED WRIGHT, Secretary of State. CHAPTER 160. CONVEYANCES MADE IN OTHER STATES. AN ACT Relating to the Acknowledgment and Recording of Deeds April 15. of property in Iowa according to their ord. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all deeds and conveyances of Conveyances lands, tenements, and hereditaments, lying and being heretofore_made within this State, heretofore executed, and which said in other States, deeds and conveyances have been acknowledged, or proved, laws made valid. according to and in compliance with the laws and usages of the State, territory, or country in which such deeds and conveyances were acknowledged and proven, are hereby declared effectual and valid in law, to all intents and purposes, as though the same acknowledgments had been taken or proof of execution made within this State, and in pursuance to the acts and laws thereof; and such deeds, Admitted to recso acknowledged or proved as aforesaid, may be admitted to be recorded in the respective counties in which such lands, tenements, or hereditaments do, or may be [lie], anything in the acts and laws of this State to the contrary thereof notwithstanding: Provided, That all deeds and Proviso: record conveyances of lands, tenements, and hereditaments situated within this State, which have been acknowledged or proved in any other State, territory, or country, according to and in compliance with the laws and usages of such State, territory, or country, and which deeds or conveyances have been recorded within this State, be [and] the same are hereby confirmed and declared effectual and valid in law, to all intents and purposes, as though the said deeds or conveyances so acknowledged or proved and confirmed. recorded, had prior to being recorded been acknowledged or proved within this State. SEC. 2. That the acknowledgments of all deeds, mortAcknowledge-gages, and other instruments in writing, taken and certiments of all con- fied previous to the passage of this act, and which have fore recorded, been duly recorded in the proper counties of this State, veyances, herǝto legalizee. valid, be and the same are hereby declared to be legal and valid in all courts of law or equity in this State, or elsewhere, anything in the several different acts or laws of the territory or State of Iowa, in regard to acknowledgments, to the contrary notwithstanding. SEC. 3. That all deeds, mortgages, or other instruAcknowledgments in writing, for the conveyance of lands, which have ment without seal heretofore been made and executed, and the officer taking the acknowledgment has not affixed his seal to the acknowledgment, such acknowledgment shall nevertheless be good and valid in law and equity, anything in law heretofore passed to the contrary notwithstanding. Taking effect. SEC. 4. This act, being deemed of immediate importance, shall be in force from and after its publication in the Iowa State Register and Des Moines Bulletin, newspapers pub. lished in Des Moines, Iowa. Approved, April 15, 1870. I hereby certify that the foregoing act was published in the Daily Iowa State Register, and the Des Moines Daily Bulletin, April 28, 1870. ED WRIGHT, Secretary of State. APRIL 15. CHAPTER 161. ATTACHMENT AND GARNISHMENT. AN ACT to Amend Chapter 124 of the Revision of 1860, relative to Attachment and Garnishment. SECTION 1. Be it enacted by the General Assembly of Rev.: $8174 re- the State of Iowa, That section 3174 of the Revision of 1860 be, and the same is hereby, repealed; and there is hereby enacted, in lieu thereof, the following, to-wit: pealed. must state. The petition which asks an attachment must in all cases What p etition be sworn to. It must state: 1st, that the defendant is a foreign corporation, or acting as such; or, 2d, that he is a non-resident of the State; or, 3d, that he is about to remove his property out of the State without leaving |