clerks, $6,400. SEC. 15. For the payment of the salary of the Adju- Adit.-Gen'l, and tant General, the sum of four thousand dollars; and for the payment of clerk in the Adjutant-General's office the sum of two thousand four hundred dollars, or so much as may be necessary. SEC. 16. For the payment of deficiency in contin- Fire at Penitengent fund, caused by extraordinary payments made for tiary, $4,000, [from] said fund on account of losses by fire at the State Penitentiary, the sum of four thousand dollars. defense bonds, SEC. 17. For the payment of four semi-annual install- Int. on war and ments of interest, express charges, and exchange, to $42,200. become due on the war-and defense bonds of the State, the sum of forty-two thousand two hundred dollars, or so much thereof as may be necessary, to be drawn only when necessary to pay said interest and expenses as they may become due. school fund loan, $87, SEC. 18. For the payment of two annual installments Int. on of interest on school fund-loan to become due, the sum of 519.65. thirty-seven thousand five hundred and nineteen dollars and sixty-five cents. SEC. 19. The following sums of money are hereby For clerical help; appropriated for the use of the several State officers herein designated, to enable them to procure necessary clerical help: Provided, that such officers shall furnish proper vouchers, approved by the Census Board, to the vouchers to be Auditor of State, before the same shall be audited, and ens the amount of which expenditure, what for, and to whom officers to report paid, shall be reported to the next General Assembly:SEC. 20. For the use of the Secretary of State, the Sec'y of State, sum of fifteen hundred dollars, or so much thereof as may be necessary. approved by the to G. A: $1,500; $2,250; Board; SEC. 21. For the use of the Auditor of State, the Auditor of State, sum of two thousand dollars, or so much thereof as may be necessary, and the further sum of two hundred and fifty dollars to defray the expense of settlement with county officials on account of school-fund. SEC 22. For the use of the Treasurer of State the Treas. of State, sum of fifteen hundred dollars, or so much thereof as may be necessary. $1,500. and firemen for how expended. SEC. 23. For the payment of a janitor and necessary Janitor, guards, number of night-guards and firemen for the capital build- capitol, $7,000; ing, for two years, the sum of seven thousand dollars or so much thereof as may be necessary to be expended under the direction of the Census Board. fund, $20,000; SEC. 24. For the payment of postage [for] State offi- Gen'l contingent cers, furniture for State-house, and such other necessary expenses as are not specifically provided for, for the term of two years, the sum of twenty thousand dollars, or so much thereof as may be necessary: Provided, That all bills bills to be certi- properly chargeable to said appropriation shall be made fied and approv'd. out by items and certified to be correct by the officer incurring the expense and approved by the Census Board. be paid. SEC. 25. All salaries of State, judicial, or other offiSalaries, when to cers payable out of the State treasury, shall be paid monthly at the end of each month if called for, and the State Auditor shall in no case issue warrants on the State treasury for the payment of any State or other officer in advance of services actually rendered. $10,000; SEC. 26. For the purpose of providing for contingenFor contingenc's cies growing out of fire or providential occurrences there fore, etc., is hereby appropriated the sum of ten thousand dollars, or so much thereof as may be necessary: Provided, That for any expenditures made of said contingent fund, before the Vouchers. how Vouchers therefor shall be audited, they shall be examined by, and receive the full and unanimous approval in writing Auditor to rep'rt. of the Census Board, and the Auditor shall make a full and complete record [report] of such expenditures to the next General Assembly. 5pproved; SEC. 27. For the payment of the rent of a house for House-ront for the Governor during his term of office, six hundred dollars Govern'r, $1,200. Taking effect. per annum. SEC. 28. This act being deemed of immediate importance shall take effect from and after its publication in the Iowa State Register and Des Moines Bulletin, newspapers published in Des Moines. Approved, April 14, 1870. I hereby certify that the foregoing act was published in the Daily APRIL 14. $282 additional CHAPTER 123. PAY OF EMPLOYEES OF SENATE. AN ACT to Supply a Deficiency in a Certain Appropriation for the Employees of the Thirteenth General Assembly. SETION 1. Be it enacted by the General Assembly of for janitor and the State of Iowa, That there is hereby appropriated, out paper-folders for of any money in the treasury not otherwise appropriated, Senate. 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 ACT 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, 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 parks shall be excluded from the provisions of this act: And provided further, that all sites shall be selected on and in district 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. not to be in to be on road tps. not within 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 superintendent of the county where such real estate is situated, in ers. conformity with the provisions of this act. or to be determined 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. 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 report to supt. amount of damage, description of land, and exact loca tion,) 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 constructing 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. SEO. 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 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 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 report of comof 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. re 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. |