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bend not appr'vd such justice which he had filed with the auditor of said county, had been approved, which was afterward found not to be the case; therefore.

Acts legalized.

Taking effect.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all the acts of the said Conrad, while so acting as justice of the peace, be and the same are hereby declared to be valid and legal the same as if said bond had been duly approved.

SEC. 2. This act shall take effect and be in force from and after the time it is published in the newspapers known as the Daily Iowa State Register and in the Lyons Weekly Mirror, which publication shall be without expense to the State.*

Approved, April 4, 1870.

APRIL 5.

Rev. §1125.

CHAPTER 59.

SINKING-FUND IN CITIES AND TOWNS.

AN ACT to Amend Section 1125 of Chapter 51 of the Revision of 1860.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Section 1125 of Chapter 51 of the Revision of 1860, be and the same is hereby amended, by Maximum tax for striking out the words "one mill," in the fifth line, and inserting, in place thereof, the words "two mills." Approved, April 5, 1870.

sinking-fund.

APRIL 5.

Preamble.

CHAPTER 60.

INDEXES IN LEE COUNTY.

AN ACT to Legalize New Indexes in the Recorder's Office of Lee
County, Iowa, at Keokuk.

WHEREAS, In the year 1863, certain new indexes of part of the records of Lee county, in the recorder's office at Keokuk, were made but not compared; and

WHEREAS, By authority of the board of supervisors

See Addenda.

of said Lee county, given at the January term, A. D. 1869, said indexes have been compared with the records and corrected; therefore,

New indexes le

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That said indexes be, and the same are galized. hereby, legalized and declared valid, and shall be considered and deemed by all courts of this State, legal and effectual provided, That nothing in this act shall be con- Proviso. strued to affect the rights of purchasers, or incumbrances, accrued prior to the passage hereof.

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SEC. 2. This act, being deemed of immediate impor- Taking effect. tance, shall take effect from and after its publication in the Daily State Register and The Keokuk Constitution. Approved, April 5, 1870.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 8, and in The Constitution on the

of .........

1870.*

.....

day

ED WRIGHT, Secretary of State.

CHAPTER 61.

APPROPRIATION FOR WORK ON STATE HOUSE.

AN ACT Relative to the Claim of S. A. Robertson, for Work done on State-House.

$1,400 appropri ated for work in

basement of

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the sum of fourteen hundred dollars be and the same is hereby appropriated out of any money State-House. in the State treasury, not otherwise appropriated, to pay S. A. Robertson, for building additional thickness to partition walls in basement of State-House, the same having been done under and by direction of the Census Board and that the Auditor of State be directed to draw a warrant on the Treasurer of State, in favor of said Robertson, for that amount.

SEC. 2. 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 Des Moines Daily Bulletin, newspapers published at Des Moines, Iowa. Approved, April 5, 1870.

I hereby certify that the foregoing act was published in the Daily State Register and Des Moines Daily Bulletin, April 8, 1870.

ED WRIGHT, Secretary of State.

Taking effect,

*See Addenda.

APRIL 5.

Meaning

of

CHAPTER 62.

RIGHT OF WAY-NON-RESIDENTS.

AN ACT Amending Article 3, of Chapter 55, of the Revision of 1860, granting Right of Way to Railroad Companies.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the words "non-resident" as used "non-resident." in article 3, of chapter 55 of the Revision of 1860, and in this act, shall be held to mean persons not residing in the county in which the lands [lie] over which the right of way is required.

Revision ch. 55, art. 3.

Publication

SEC. 2. When any railroad company desires to locate of its road over the lands of any non-resident, no demand of notice demand right of way shall be necessary, except the publication of the notice herein provided for.

unnecessary.

SEC. 3. Notice for condemning right of way for railroad purposes, over the lands of non-residents, may be substantially in the following form, to-wit:

66 RIGHT-OF-WAY NOTICE."

To (here name each person who is known to be a nonForm of notice. resident owner of any lands in the county over which the right-of-way is desired), and all other persons having any interest in, or owning any of, the following described real estate, to-wit: (here describe by numbers, in tracts not exceeding one-sixteenth of a section each, thus: northeast quarter of north-west quarter, and north-west quarter of north-west quarter, of section 5, north-east quarter of north-east quarter, north-west quarter of north-east quarter, of section 6, all in township 96, range 22, etc.,) you are hereby notified that the railroad company has located a line of railroad over the above described real estate, and desire the right-of-way over the same, towit: a strip or belt of land....... .......feet in width, through the center of which strip or belt of land the center line of said railroad will run, leaving............feet on each side of said center line, together with such widths. as may be necessary for bermes, waste banks, and burrowing-pits, and wood and water stations; and unless you proceed to have the damages to the same appraised according to law, on or before the.........day of.......... A. D., 18.., (a date at least four weeks after the first publication of the notice,) said company will proceed to have the

same appraised on the............day of............, (a date at least eight weeks after the first publication of the notice,) at which time you will be at liberty to appear before the appraisers on the subject of the assessment of damages to your land.

By.

Right-of-Way Agent.

.Railroad Company.

...Attorney or....

Which notice shall be published in some newspaper in the How published. county, if there be one, and if there be no newspaper in the county, then in the nearest county, through which the proposed railroad runs, in which there is a newspaper, for at least eight successive weeks prior to the day fixed for appraisement, at the instance of the railroad company, and shall be sufficient demand of, and notice to, all persons having any interest in any of the lands described in the notice.

how made and

SEC. 4. The appraisement may be made and returned Appraisement, in tracts larger than forty acres, and all the lands appear- returned, ing of record to belong to one person, and lying in one tract, may be included in one appraisement and return, unless the agent or attorney of the company, or the appraisers, shall have actual knowledge that the tract so appearing of record does not belong wholly to the person in whose name it appears of record; and in case of such knowledge, the appraisement shall be made of the different parcels, as they are known to be owned.

SEC. 5. All acts and parts of acts inconsistent with Repealing clause, this act are hereby repealed.

SEC. 6. This act, being deemed by the General Assembly Taking effect. of immediate importance, shall take effect and be in force

from and after its publication in the Weekly State Register and Daily Bulletin, newspapers published in Des Moines, Iowa.

Approved, April 5, 1870.

I hereby certify that the foregoing act was published in the Des Moines Daily Bulletin, April 8, and in the Weekly Iowa State Register, April 13, 1870.

ED WRIGHT, Secretary of State.

APRIL 6.

Preamble.

notwithstanding

CHAPTER 63.

LEGALIZING A SUB-DISTRICT IN MARION COUNTY.

AN ACT to Legalize the Erection of Sub-district Number 3, Perry
Township, Marion County, Iowa.

WHEREAS, The county superintendent of Marion county, Iowa, did, on the 9th of December, 1868, in accordance with law, attach the west three-fourths of section six, of township 77, range 20, in Red Rock township, in said county, to sections one and two, and parts of eleven and twelve, in township 77, range 21, Perry township, for school purposes, forming out of said sections, and parts of sections, sub-district number 3, in the district township of Perry, of said county; and,

WHEREAS, The said superintendent, from neglect or oversight, failed to sign the order establishing said subdistrict as aforesaid; therefore,

SECTION 1. Be it enacted by the General Assembly of Election of sub. the State of Iowa, That the erection and the establishment district legalized, of said sub-district number 3, as stated in the preamble failure of county hereof, be and is [are] hereby legalized and made as complete and valid as though said order had been signed by the county superintendent aforesaid.

supt. to sign order

Taking effect.

SEC. 2. This act, being deemed of immediate importance, shall take effect upon its publication in the Daily State Register, and Des Moines Statesman, newspapers published at Des Moines, Iowa.

Approved, April 6th, 1870.

I hereby certify that the foregoing act was published in the Daily
Iowa State Register, April 8, and in The Des Moines Daily Statesman,
on the 11th day of April, 1870.
ED WRIGHT, Secretary of State.

APRIL 6.

Preamble.

CHAPTER 64.

INDEPENDENT SCHOOL-DISTRICT IN CLAYTON COUNTY.

AN ACT to Legalize the Acts of the Independent School-District of
Monona, Iowa.

WHEREAS, The directors of the independent schooldistrict of Monona, Iowa, did, between the 16th day of March, A. D., 1868, and the 1st day of June, A. D.,

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