CHAPTER 169. PATRICK HAMIL. AN ACT for the Relief of Patrick Hamil. APRIL 16. WHEREAS, One Michael Cullen purchased from the Preamble. United States government lot number six hundred and seventy in the city and county of Dubuque, State of Iowa, on December 25th, 1840, and a patent issued to him therefor on June 19th, 1844; and, WHEREAS, Afterwards, to-wit, on August 5th, 1845, said Michael Cullen and Ann Cullen, his wife, conveyed said lot to James Cullen, for which conveyance there was a failure of consideration, and afterwards, to-wit, on October 2d, 1847, said James Cullen conveyed said lot to Bernard Lynch under the name of Robert Yore, there being no such person in fact as Robert Yore, and afterwards, to-wit, on May 5th, 1854, said Lynch, under the name of Robert Yore, conveyed said lot to Matthew B. Cullen, a son of said Michael and Ann Cullen, all of which conveyances were duly recorded, and without consideration, the said Michael and Ann Cullen having occupied said premises as and for their homestead from 1845 till the death of Michael and the sale of the same by Ann Cullen to Patrick Hamil in 1869, all of which conveyances, except that to said Hamil, have been set aside and decreed to be null and void by the district court of Dubuque county, Iowa, by decrees dated February 23d, 1856, and November, 1868, to all of which proceedings and decrees, all of the aforesaid persons were parties and duly served, excepting James Cullen, who died on or about the year 1853, leaving no wife, issue, or heir in this country; and, WHEREAS, By the death of said James Cullen, without legal heir, before said decrees were rendered, the said Cullen's rights, if any he acquired under the deed from Michael and Ann Cullen to him on August 5th, 1845, do not appear to be cut off by the decrees aforesaid, and independent of said decrees the title to said premises has the appearance, if it did not in fact escheat to the State of Iowa, in so far as to throw a cloud upon the title of said Hamil; therefore, SEOTION 1. Be it enacted by the General Assembly of State relinquish's the State of Iowa, That the State of Iowa hereby relin- right to lot 670 quishes all claims in and to said lot number six hundred in Dubuque. and seventy, in the city and county of Dubuque, State of Iowa, as an escheat, and that the title of Patrick Hamil to the same be held to be as perfect as against every claim by the State of Iowa, as if no conveyance had ever been made by the said Michael Cullen and Ann Cullen, his wife, to the said James Cullen. Approved, April 16, 1870. APRIL 16. Preamble. in Dubuque rc CHAPTER 170. FAMILY OF THE LATE JOSEPH B. DORR. AN ACT for the Relief of the Widow and Heirs of Joseph B. Dorr, late Colonel 8th Iowa Cavalry. WHEREAS, Col. Joseph B. Dorr, late of the 8th Iowa Cavalry, died in the service of the United States in the year 1864, in the State of Georgia, of wounds and disease contracted while Colonel of said regiment and in the line of his duty; and, WHEREAS, The said Joseph B. Dorr in his lifetime. executed a mortgage to James D. Eads, formerly Superintendent of Public Instruction of the State of Iowa, upon lots numbers 8 and 9 in Bradstreet's addition to the city of Dubuque, and a small farm in Jackson county, the homestead of Joseph Dorr, the father of said Joseph B. Dorr, to secure an indebtedness due the school-fund of the State; and, WHEREAS, Said mortgage has been foreclosed and judg ment and decree rendered thereon in the district court of Dubuque county for the amount due upon said mortgage; therefore, SECTION 1. Be it enacted by the General Assembly of Title acquired by the State of Iowa, That the State of Iowa hereby releases forecl'sure to lots and relinquishes to the widow and heirs of said Joseph B. linquished. Dorr, all the right, title, or lien in,to,or upon said lots eight and nine in Bradstreet's addition to the city of Dubuque, which accrued to the State under and by virtue of said Proviso: sureties. mortgage: Provided, however, That this act shall not take effect until the sureties upon the note given by said Joseph B. Dorr shall first enter in writing upon the records of said court, therein full consent to the release herein provided for. Approved, April 16, 1870. CHAPTER 171. NOTARIAL ACTS LEGALIZED. AN ACT to Legalize the Acts of certain Persons acting as Notaries APRIL 16. SECTION 1. Be it enacted by the General Assembly of with commission the State of Iowa, That the notarial acts of T. F. Rice, Acts of T. F. Rice done and certified in the county of Black Hawk, between for wrong co'nty; the 8th day of March, 1869, and the 4th day of June, 1869, be and are hereby legalized and made valid, with the same force and effect as if his commission had issued for Black Hawk county, instead of "Buchanan," which was by mistake written in said commission. ler, after expira SEC. 2. That the acts of George W. Miller, done and of Geo. W. Milcertified by him as notary public of Black Hawk county, tion of term; Iowa, between the 27th day of June, 1867, and the 16th of April, 1868, are hereby legalized and made valid, as if his commission had not expired on the former date. SEC. 3, That the acts of Renselear Russell, done and of Renselear Ruscertified as notary public of Black Hawk county, Iowa, sell, same; between the 31st of January, 1868, and the 31st of March, 1869, are hereby legalized and made valid, as if his commission had continued in force to the latter date. SEC. 4. That the acts of David B. Miller, heretofore of David B. Mildone and certified by him as notary public of Jefferson ive' seal;: county, Iowa, under a seal containing the words "notary public" instead of the words, "notarial seal," are hereby legalized and made valid to the same effect as though said seal had been in accordance with law. ler, with defect before recording SEC. 5. That the acts of A. T. Reeve, done and certi- of A. T. Reeve, fied as a notary public of Franklin county, State of Iowa, of his commisi'n, done after the issuing of his commission and prior to the time of recording the same, are hereby legalized and made of the same effect as though they had been done after the recording of said commission. Approved, April 16, 1870. APRIL 16. CHAPTER 172. CORPORATIONS. AN ACT to Amend Chapters 52 and 53 of the Revision of 1860, in relation to Corporations. SECTION 1. Be it enacted by the General Assembly of Revison: chs, 52 the State of Iowa, That sections 1152, 1153, 1156, 1161, 1172, 1188, 1193, 1194, and 1197 of the Revision of 1860, be amended as hereinafter provided. and 53. Articles of incor SEC. 2. Amend section 1152 by adding at the end of porati'n for profit said section the words, "and in the office of the Secretary to be recorded by of State, in a book kept for that Sec. of State. of corporations. purpose.' SEC. 3. Amend section 1153, by striking out of said Commencement section the words, "corporations for the construction of any work of internal improvement, must in addition also file a copy of such articles in the office of the Secretary of State, and have the same recorded by him in a book kept for that purpose." SEC. 4. Amend section 1156, by striking out of the fourth line of said section the words, "when such filing is necessary." SEC. 5. Amend section 1161, by adding to said secCopy of by-laws tion the words, "and a copy thereof must be filed in the to be filed in See- office of the Secretary of State." retary's office. Articles cannot exempt stock dividual liability. SEC, 6. Amend section 1172, by inserting after the word "exempts," in the first line, the words "neither can holders from in- provisions in the articles of incorporation exempt." SEO. 7. Amend section 1188, by inserting after the word "recorded," in the first line, the words, "by the recorder of deeds of the county where the principal place of business is kept only." sionary societies, tificate. of State hereto SEC. 8. Amend section 1193, by striking out of the Benevolent,char-seventh line of said section, the words, "file in the office Itable, and mis, of Secretary of State and also," and inserting the words where to file cer- "have recorded:" Provided, That a failure of any corProviso: failure poration organized prior to the taking effect of this act, to file with Sec. for benevolent, charitable, scientific, religious, or missionfore not to inval- ary purposes, or any other lawful purpose unconnected, with motives of pecuniary profit, to file a copy of their articles or certificate of incorporation with the Secretary of State shall not in any manner affect the legality of the acts of any such corporation, but all the acts of the offi cers of such corporation shall be considered as legal and binding as they would have been, had their articles or idate, and societies legalized. what corded in record certificate of incorporation been filed in the office of the Secretary of State, at the time of organization: And pro- Proviso: vided further, That articles of incorporation of charitable articles to be rereligious, or scientific institutions, dating prior to this date or's office. and not recorded in the office of the Secretary of State, shall be recorded in the office of the recorder in the county in which such institutions are situate." SEC. 9. Amend section 1194, by striking out of the Commencement first line of said section after the word "filing" the word "a" of corporate powand inserting the words "for record the." ers. in the county. SEC. 10. Amend section 1197, by striking out of the Name not to be third line of said section the words "Secretary of State same as any oth'r or with the," and the words " this State," at the end of said section, and in place of "this State" insert the words "the county." improvement not plying, required retary's office. SEC. 11. Any corporation organized for the purposes Corporations for of pecuniary profit, pursuant to the provisions of chapter works of internal 52, of the Revision of 1860, or amendments thereto, which bereto fore comshall fail to have its articles of incorporation recorded in to have articles the office of Secretary of State, within three months after recorded in Secthe taking effect of this act, shall be prohibited from doing business as a corporation: Provided, That nothing in this Proviso: no resection shall be construed so as to relieve such corporation it. from the fulfillment of all contracts made prior to the taking effect of this act, or to relieve individual members thereof from liability to the amount of the unpaid installments on the stock owned by them, or transferred by them for the purpose of defrauding creditors. Approved, April 16, 1870. lease from liabil CHAPTER 173. SCHOOL-LANDS IN STORY COUNTY. AN ACT to Legalize the Sale of certain School Lands in Story APRIL 16. WHEREAS, At a public sale of school-lands held at Ne- Preamble, vada, Story county, on the 20th day of July, A. D. 1868, under an order of the board of supervisors of said county, the west half of the northwest quarter of section number thirty, in township eighty-two north, range twenty-one, west of the fifth principal meridan, the same containing seventy-nine and one-half acres lying and being in the county of Story aforesaid, was offered and sold to Joseph |