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and costs due on such parcel, at the time of such sale, and all the provisions of the revenue laws of Iowa, not inconsistent with this act, shall apply to such sale, and to the redemption of any real estate sold by virtue of this act, and the amount so paid for any parcel of real estate, Apportionment. shall be apportioned, pro rata, among the different funds to which it belongs.

SEC. 3. The amount of taxes due on any real estate Unavailable tax. sold under the provisions of this act, in excess of the amount for which the same was sold, shall be credited as unavailable tax to the county treasurer by the county auditor, apportioning the amount among the different funds to which the same belongs. The amount of such excess due to funds belonging to the State, shall be reported by Auditor of State the county auditor to the Auditor of State as unavailable, who shall give the counties credit for the same.

to give credit.

Taking effect.

SEC. 4. This act being deemed of immediate importance shall take effect from and after its publication in the Des Moines Statesman and the State Register, newspapers published at Des Moines, Iowa.

NOTE.-This bill having remained with the Governor three days, (Sunday excepted,) the General Assembly being in session, has become a law this 26th day of March, A. D. 1870.

ED WRIGHT, Secretary of State.

I hereby certify that the foregoing act was published in the Des Moines Statesman, March 29, and in the Iowa State Register, March 29, 1870.

ED WRIGHT, Secretary of State.

MARCH 30.

CHAPTER 41.

ABOLISHING THE GENERAL TERM COURT.

AN ACT to Repeal Sections 16, 17, 18, 19, 20, 21, 22, and 24 of
Chapter 86 of the Acts of the Twelfth General Assembly, and
Providing for Appeals from the District and Circuit Courts to
the Supreme Court, and fixing Times of holding Courts.

SECTION 1. Be it enacted by the General Assembly of 1868 ch. 86. the State of Iowa, That sections 16, 17, 18, 19, 20, 21, Sections provid- 22, and 24 of chapter 86 of the acts of the Twelfth Gening for general eral Assembly be, and the same are hereby repealed.

term repealed.

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SEC. 2. All appeals from the circuit and district courts Appeals to shall be to the Supreme Court, and shall be taken in the preme Court. same manner, under the same rules, and with the same effects as appeals were taken from the district to the Supreme Court before the passage of chapter 86, laws of

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the Twelfth General Assembly: Provided, That appeals When to be taken from the circuit court and from the district court shall be taken within six months from the rendition and entry of the judgment or order appealed from, and not after, and

not revived.

the provisions of sections 2631 and 2632 of the Revision Rev., §§2681–82. of 1860, and all other provisions of the laws of this State, now in force, in any wise affecting or regulating appeals from the district court, shall apply in like manner and with like effect to appeals from the circuit to the Supreme Court, subject to the provisions of this act: Provided Right of appeal further, And when the time for appeal from the district or circuit courts to the general term, as provided by chapter 86 of the acts of the Twelfth General Assembly, has expired, before the taking effect of this act, and no appeal has been perfected, that the right of appeal is not revived by this act, and no appeal shall lie.

designate times of

SEC. 3. The district judge of each judicial district District judge to shall, on or before the first day of December, A. D. 1871, holding. Circuit and every alternate year thereafter, designate, by an Court. order made under his hand, the times for holding the terms of each circuit court in his district for the two years ensuing, which order shall be filed with the clerk of the circuit court in each county in each judicial district.

ferred.

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SEC. 4. All appeals pending or taken to the general Appeals term at and before the passage of this act, and which remain undisposed of, shall be deemed pending in the Supreme Court without further notice, and the clerk of [the] district court having charge of such records shall immediately certify the same to the Supreme Court, and the Clerk of the Supreme Court shall docket the same as though the appeal had been taken directly to the Supreme Court; and in all cases wherein the judges of either court have reserved their decisions, under section 22 of chapter 86, Cases where judges have reacts of the Twelfth General Assembly, and said general rerved decision term court has not yet acted thereon, the said causes shall returned to inbe returned to the court in which said causes have originated; but in such cases, where appeals have been taken to the Supreme Court after the general term court had where rendered a decision thereon, then the Supreme Court shall dered and appeals hear and determine the same with the same force and effect Court to hear. as provided in chapter 86 aforesaid.

ferior court;

deciaion

had been ren

taken, Supreme

Taking effect.

SEC. 5. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Daily State Register and The Daily Des Moines Statesman, newspapers published in the city of Des Moines, Iowa.

Approved, March 30, 1870.

I hereby certify that the foregoing act was published in The Daily Des Moines Statesman, March 31, and in the Daily Iowa State Register, April 1, 1870.

ED WRIGHT, Secretary of State.

CHAPTER 42.

MARCH 30.

counties may take

ARGUMENT TERM AT DUBUQUE.

AN ACT Allowing the Counties of Hamilton, Franklin, and Wright to have their Causes heard at the Argument Term of the Supreme Court held at Dubuque.

SECTION 1. Be it enacted by the General Assembly of Hamilton, Frank- the State of Iowa, That the counties of Hamilton, Franklin, and Wright lin, and Wright are hereby authorized and allowed to take appeals to Du- all their cases to the argument term of the Supreme Court Supreme Court. to be held at the city of Dubuque in the months of April and October in each year, as now provided by chapter 27, of the acts of the Twelfth General Assembly.

buque term of

1868; ch. 27.

Taking effect.

SEC. 2. This act shall take effect and be in force from and after its publication in the Iowa State Register and The Hamilton Freeman.

Approved, March 30, 1870.

I hereby certify that the foregoing Act was published in the Iowa State Register, April 1, and in The Hamilton Freeman, April 6, 1870.

ED WRIGHT, Secretary of State.

CHAPTER 43.

COLLECTION OF JUDGMENTS AGAINST CIVIL CORPORATIONS.

AN ACT to Amend Section 3275 of the Revision of 1860, as to the MARCH 30 Duties of certain Treasurers.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That to section 3275, of the Revision Rev., §3275. of 1860, there be added the following words: "And when a tax has been so levied, and the same, or any part there

of

may

eys on judgments

of, has been collected, the treasurer shall on demand, Treasurers without a warrant from the clerk of the board of super- pay certain monvisors, pay the the same to the creditor, or his attorney, without warrant taking a receipt therefor, and if not demanded, may pay the same to the clerk of the court where the judgment was rendered, taking his receipt therefor."

SEC. 2. All acts, or parts of acts, inconsistent with Repeal. this, are hereby repealed.

SEC. 3. This act, being deemed of immediate import- Taking effect. ance, shall take effect and be in force from and after the date of its publication in the Des Moines Daily Bulletin and Daily Statesman, newspapers published at Des Moines, Iowa.

Approved, March 30, 1870.

I hereby certify that the foregoing Act was published in the Des Moines Daily Bulletin, March 31, and in Daily Des Moines Statesman, March 31, 1870.

ED WRIGHT, Secretary of State.

CHAPTER 44.

COMMISSIONERS IN OTHER STATES, AND IN THIS STATE.

AN ACT Providing for the Appointment of Commissioners in other MARCH 30. States, and to Regulate the Powers of Commissioners of other

States in this State.

appoint.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Governor may appoint and Governor commission, in each of the United States and Territories, one or more Commissioners, to continue in office for the term of three years from the date of commission, unless

may

missioners,

such appointment shall be sooner revoked by the GovernPowers of com- or; such commissioners, when qualified as hereinafter provided, shall be empowered to administer oaths, take depositions and affidavits to be used in the courts of this State, and to take acknowledgments or proof of deeds and other instruments to be recorded and used in this State. SEC. 2. Oaths administered by any such commissioner, Effect of official affidavits and depositions taken by him, and acknowledgments as aforesaid certified by him over his official signature and seal, are made as effectual in law to all intents and purposes, as if done and certified by a clerk of the district court or justice of the peace of this State.

acts.

Qualification;

before whom.

SEC. 3. Before such commissioner can perform any of the duties of his office, he is required to take and subscribe an oath, that he will support the constitution of the United States, and the constitution of the State of Iowa, and that he will faithfully perform the duties of such office, which oath shall be taken and subscribed before some judge or clerk of a court of record in the State in which the commissioner is to exercise his appointment, and certified under the hand of the person taking it, and the seal of his court or by a duly authorized commissioner for Oath, with signa- Iowa, resident in said State, which certificate shall be filed and seal, in the office of Secretary of State of this State, and on which shall be the official signature and a clear impression of the official seal of such commissioner.

ture

where filed.

Description seal.

ture and seal.

SEC. 4. Each commissioner, exercising the authority of conferred upon him by this act, shall have an official seal, on which shall be engraved the words "COMMISSIONER FOR IOWA," with his surname at length, and at least the initials of his christian name; also the name of the State in which he has been commissioned to act, which seal must be so engraved as to make a clear impression on wax or wafer.

SEC. 5. A signature and impression of such seal of Effect of signa- any commissioner, qualified as herein provided, and corresponding with that on file in the office of the Secretary of State, shall be entitled to the same credit as evidence, in the courts and public offices of this State, as the signature and seal of a clerk of the district court or notary public of this State.

Fees.

SEC. 6. Such commissioner is authorized to demand for his services the same fees as may be allowed for similar services, by the laws of the State in which he is to exercise his office.

SEC. 7. All persons who have heretofore been appointed and commissioned as commissioners in other States and territories, pursuant to the provisions of any previous laws

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