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the sum of two hundred and eighty-two dollars to be paid to the janitor and paper-folders of the Senate under the resolution of the Senate adopted on the 11th day of April, 1870.

Approved, April 14, 1870.

CHAPTER 124.

SCHOOL-HOUSE SITES.

AN AC to Empower School-Boards to procure School-House Sites. APRIL 14.

school-houses;

SECTION 1. Be it enacted by the General Assembly of school-boards the State of Iowa, That it shall be lawful for any school- may take sites for board in this State, whether of district-township or independent district, heretofore organized, or that may hereafter be organized under the laws of this State, to take and hold, under the provisions contained in this act,

so much real estate as may be necessary for the location not to exceed one and construction of a school-house, and convenient use acre; of the school: Provided, That the real estate so taken, not to be in otherwise than by the consent of the owner or owners, orchards,g'rdens, shall not exceed one acre: And provided further, That or public parks; grounds appropriated to orchards, gardens, and public

to be on road;

parks shall be excluded from the provisions of this act: and in district And provided further, that all sites shall be selected on tps. not within some public road, and not within twenty rods of any 20 rods of resiresidence, without the consent of the owner, except in case consent. of independent districts.

dence, without

agreed upon;

SEC. 2. Such school-board may take and hold real Price may be estate for school-house purposes, for a price to be agreed upon with the owners thereof, or the damages to be paid by such school-board for any real estate taken as aforesaid, when not agreed upon, shall be ascertained and determined by appraisers to be appointed by the county superintend- or to be deterent of the county where such real estate is situated, in ers. conformity with the provisions of this act.

mined by ap'rais

to grant, or can

supt. to appoint

SEC. 3. If the owner of any real estate, on which said If owner refuses school-board may desire to locate a school-house, refuses not be found, co. or neglects to grant the site on his or her premises, or, if appraisers. such owner cannot be found, the county superintendent of the county in which said real estate may be situated, shall, upon application of either party, appoint three disinter

ested persons of said county, unless a smaller number is Duty of apprais- agreed upon by the parties, whose duty it shall be, after

ers.

tify owner.

report to supt.

taking an oath or affirmation, to faithfully and impartially discharge the duties imposed on them by this act, to inspect said real estate, and assess the damages which said owners will sustain by the appropriation of his or her Co. supt. to no- land for the use of said house and school, (said county superintendent giving to the owner of such real estate the same notice as is required for the commencement of a suit at law in the district court of Iowa, of the time of such assessment of damages,) and make a report in writing to Appraisers to the county superintendent of said county, (giving the amount of damage, description of land, and exact location,) who shall file and preserve the same in his office. If said school board shall, at any time before they enter upon said land for the purpose of building or constru ting said house, deposit with the county treasurer, for the use School-board au- of said owner, the sum so assessed as aforesaid, they shall be thereby authorized to build or construct said house, and maintain their right to said premises: Provided, That Appeal to circuit either party may have the right to appeal from such assessment of damages, to the circuit court of the county where such real estate is situated, within twenty days after receiving notice that such assessment is made, which not to delay appeal shall be final; but such appeal shall not delay the prosecution of work upon said house if said school-board shall first pay, or deposit with the county treasurer, the Board not liable amount so assessed by such appraisers, and in no case to costs on ap- shall said school-board be liable for costs on appeal, unless the owner of said real estate shall be adjudged a greater amount of damages than was awarded by said appraisers. Board to pay The school-board shall in all cases pay costs of the first

thorized to build,

when.

court; same final;

work, if, etc.

peal, etc.

costs of first as

assessment.

purposes only;

assessment.

SEC. 4. The title acquired by said school-districts in Title for school and to said real property, shall be for school-purposes only, and, in case the same should cease to be used for said purpose for the space of two years, then the title acquired to revert, when. in said land under this act shall revert to the owner of the fee-simple title of the same upon the repayment by him of the principal amount paid for said land by said districts without interest, together with the value of any improvements thereon erected by said district.

Taking effect.

SEC. 5. This act, being deemed by the General Assembly of immediate importance, shall take effect from and after its publication in the Daily Iowa State Register, and

the Des Moines Daily Bulletin, papers published in Des Moines, Iowa.

Approved, April 14, 1870.

I hereby certify that the foregoing act was published in the Daily Iowa State Register and the Des Moines Daily Bulletin, April 26, 1870.

ED WRIGHT, Secretary of State.

CHAPTER 125.

RIGHT OF WAY.

AN ACT to Amend Chapter 55 of the Revision of 1860.

APRIL 14.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be lawful for any railroad Revision: ch 55. company, for the use of which any land shall have been condemned, for right of way, under chapter 55 of

report of

com

re

the Revision of 1860, to have recorded in the record of RR. co. may have deeds of the county where such land is situated, the report missioners of the commissioners assessing damages, where the same corded, when. shall not have been appealed from, and the amount of the assessment and costs shall have been paid to the sheriff,

of title.

and such record shall have the effect of and be prima facie Record evidence evidence of title in the railroad company to the right of way so taken, and shall constitute constructive notice of the rights of such company and [in] said real estate.

SEC. 2. This act shall be retroactive in its effect and Act retroactive. shall apply to reports already recorded, as herein pro

vided; but shall only be retroactive as far as it relates to

the recording of the report of the commissioner[s].

SEC. 3. This act, being deemed of immediate im- Taking effect. portance, shall take effect from and after its publication in the Des Moines Daily Register and The Daily lowa Statesman.

Approved, April 14, 1870.

I hereby certify that the foregoing act was published in the The Des Moines Daily Statesman, April 21, and in the Daily Iowa State Register, April 26, 1870.

ED WRIGHT, Secretary of State.

APRIL 14.

Rev. ch. 101.

band and wife.

CHAPTER 126.

HUSBAND AND WIFE.

AN ACT to Amend Chapter 101 of the Revision of 1860, pertaining to Husband and Wife, and regulating their Rights and Liabilities.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That sections 2505 and 2506 of the Revision of 1860 be hereby repealed, and there be enacted in lieu thereof the following as sections 2505 and 2506, to-wit:

(Section 2505.) "Neither husband nor wife is liable Liabilities of hus- for the debts or liabilities of the other incurred before marriage, and except as herein otherwise declared they are not liable for the separate debts of the other; nor are the wages, earnings, or property of either, nor is the rent or income of such property, liable for the separate debts of the other."

(Section 2506.) "Contracts may be made by a wife, Contracts made and liabilities incurred, and the same enforced by or curred by wife, against her to the same extent and in the same manner as if she were unmarried."

and liabilitios in

how enforced.

Taking effect.

SEC. 2. This act, being deemed by the General Assembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Statesman, newspapers published at Des Moines, Iowa.

Approved, April 14, 1870.

I hereby certify that the foregoing act was published in The Des Moines Daily Statesman, April 21, and in the Daily Iowa State Register, April 26, 1870.

ED WRIGHT, Secretary of State.

APRIL 14.

Rev.: $2582.

CHAPTER 127.

DIVORCE AND ALIMONY.

AN ACT to Amend Section 2532 of the Revision of 1860, in Relation to Divorce and Alimony.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 2532 of the Revision of 1860, be amended so as to read as follows:

(Section 2532.) "The district court, in the county Jurisdiction giv'n where the plaintiff or defendant resides, has jurisdiction county where of all cases of divorce and alimony, and of guardianship either party lives connected therewith."

to dist. court in

SEC. 2. This act, being deemed by the General Taking effect. Assembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Statesman, newspapers published at Des Moines, Iowa. Approved, April 14, 1870.

I hereby certify that the foregoing act was published in The Des Moines Daily Statesman, April 16, and in the The Daily Iowa State Register, April 26, 1870.

ED WRIGHT, Secretary of State.

CHAPTER 128.

DAM ACROSS CEDAR RIVER.

AN ACT to Authorize the Vinton Water-Power Company to Con- APRIL 14. struct a Dam across Cedar River, in Taylor or Cedar Township, Benton County.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Vinton Water-Power Com pany, their heirs and assigns, are hereby authorized and empowered to construct a dam across the Cedar river, in Taylor or Cedar township, in Benton county.

SEC. 2. That said Water-l'ower Company as aforesaid, and their heirs and assigns, shall have the full and exclusive right to all the use of the water-power created by the erection of such dam; Provided, That nothing in this act shall be construed to relieve or exempt the said waterpower company from any restriction or regulation now or hereafter imposed by law on such company.

SEC. 3. All the rights and privileges of this act shall continue for the term of fifty years from and after the date of the passage of this act.

SEO. 4. This act being deemed of immediate import- Taking effect. ance shall take effect from and after its publication in The Vinton Eagle and People's Journal, newspapers published in Vinton, Iowa: Provided, the same is without expense to the State.

Approved, April 14, 1870.

I hereby certify that the foregoing act was published in The Vinton Eagle April, 20, 1870, and in the People's Journal, April 21, 1870.

ED WRIGHT, Secretary of State.

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