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APRIL 14.

be consolidated

tax;

CHAPTER 138.

CONSOLIDATION OF TAXES.

AN ACT to Consolidate Taxes which are Uniform in Civil Townships and Independent School-Districts, and to Amend Section 746 of the Revision of 1860.

SECTION 1. Be it enacted by the General Assembly of Uuiform taxes to the State of Iowa, That all taxes which are uniform throughout any civil township or independent schooldistrict, in each and every county of this State, shall be formed into a single tax, entered upon the tax-list in a single column, and denominated a consolidated tax; and tax-receipt to that each tax-receipt shall show the per centum levied for each separate fund.

show per centum;

duty;

SEO. 2. That section 746 of the Revision of 1860 be, and the same is, hereby amended, so as to read as follows: "Section 746. At their regular meeting in September in each and every year, the board of supervisors shall levy the requisite tax for the current year in accordance with law, and shall record the same in the proper book, and it county auditor's shall be the duty of the county auditor, as soon as practicable, to complete the tax-list by carrying out in a column by itself the consolidated tax, road-tax, polls, irregular tax (if any be levied), and total tax, and after adding up apportionment of each column of said taxes, he shall apportion the consoliconsolidated tax dated tax among the respective funds to which it belongs, according to the number of mills levied for each of said funds, and shall carry forward the several amounts showing a summary of the total amount of each distinct tax. SEC. 3. The treasurer of each and every county shall, Apportionment of on or before the tenth day of each month, apportion the tax collected by consolidated tax of each civil township or independent county treasurer. school-district in his county, collected during the preced

among funds.

ing month, among the several funds to which it belongs, according to the number of mills levied for each fund contained in said consolidated tax, and having entered the amount of tax for each fund, including other taxes collected during the preceding month, upon his cash account, he shall report the amount of each distinct tax to the county, auditor, who shall charge him up with the same.

SEC. 4. That all acts, or parts of acts, inconsistent Repe'ling clause. With this act be, and the same are hereby repealed. Approved, April 14, 1870.

CHAPTER 139.

RAILROAD COMPANIES.

AN ACT to Repeal Section Two of Chapter 169 of the Laws of the APRIL 14.
Ninth General Assembly, and enact a Substitute therefor, in
Relation to the Duties of Railroad Companies.

§2, repealed.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section two of chapter 169, of the 1862: ch. 169, laws of the Ninth General Assembly be, and the same is, hereby repealed.

To fix maximum

rates of fare and

freight in June.

in July, and to

SEC. 2. In the month of June, in each and every year, every railroad company operating a railroad in this State, shall fix its maximum rates of fare for passengers and freight, for transportation of timber, wood, and coal, per ton, cord, or thousand feet, per mile, also its fare and freight per mile for transporting merchandise, and articles of the first, second, third, and fourth classes of freight; and on the first day of July following shall put up, at all the stations and depots on its road, a printed copy of such fare and freight, and cause a copy to remain Printed copy of posted during the year. For willfully neglecting so to rates to be posted do, or for willfully receiving higher rates of fare or freight remain. than those posted, the company shall forfeit and pay to the State of Iowa, for the use of the school-fund, not less Penalty. than one hundred dollars, nor more than two hundred dollars, to be recovered in any civil action in the name of the State; and it is hereby made the duty of the several district-attorneys, within their respective districts, to sue Duty of district for and recover all sums forfeited as aforesaid; and such attorneys. company shall also forfeit and pay to the person injured, double the amount of compensation or charge illegally taken, to be recovered by such person in a civil action. SEC. 3. 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 Daily State Register, and Des Moines Daily Bulletin, newspapers 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 in the Des Moines Daily Bulletin, April 26, 1870.

ED WRIGHT, Secretary of State.

Payment to person injured.

APRIL 14.

CHAPTER 140.

MECHANICS' LIENS.

AN ACT to Amend the Law in Respect to the Liens of Mechanics
and Others.

SECTION 1. Be it enacted by the General Assembly of Revision: §1847 the State of Iowa, That section 1847 of the Revision of 1860, is hereby amended by adding thereto the following:

amended.

may within isx

Provided, That any such sub-contractor may at any time Sub-contractor within six months after his work or labor is done, or his months after w'rk materials furnished, make a statement thereof in writing, statemet with the supported by affidavit that the same is just and true, and clerk of dist. ct. that the amount claimed is still justly due and owing to

is done, etc., file

Notice.

Lien,

liens may be be

years;

him, and may file the same with the clerk of the district
court, in manner as aforesaid, and thereafter give notice
thereof with a copy of such statement to the owner or
proprietor, his agent or trustee, and to the contractor;
and from and after the service of such notice his lien
therefor shall have the same force and effect and be
prosecuted in like manner as a lien by the contractor, but
shall be enforced against the property only to the extent
of the balance due to the contractor at the time of the
service of such notice upon the owner or proprietor, his
agent or trustee."

SEC. 2. All suits to enforce the several liens proRev.: Chap. 79. vided for in chapter 79 of the Revision of 1860, may be Suits to enforce commenced at any time within two years from the time of gun within two filing the statement or claim for the lien as therein provided; but upon written demand by the owner of the property or his agent, served on the claimant of the lien, such suit shall be commenced within thirty days from the menced within 30 service of such notice; and the provisions of this section shall apply to all liens heretofore filed and not foreclosed Application of by settlement or otherwise; and, if the claimant shall fail to bring his suit within the thirty days after such demand shall be served on him by the owner, his lien shall be forfeited.

but on demand shall be com

days, or lien to be forfeited.

section.

repealed.

SEC. 3. Section 1865 of the Revision of 1860 is Revision; $1865 hereby repealed: Provided, That nothing in this act contained shall be construed to affect or prejudice the rights of any bona fide purchaser, without notice, of property to which any lien may have attached prior to the passage of this act.

Proviso.

1

SEC. 4. This act shall take effect and be in force from Taking effect. and after its publication in the Daily Iowa State Register and the Daily Bulletin, newspapers published at Des Moines, Iowa.

Approved, April 14th, 1870.

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

ED WRIGHT, Secretary of State.

CHAPTER 141.

TOWN OF PRAIRIE CITY.

AN ACT to Legalize the Incorporation of the Town of Prairie APRIL 14. City, Jasper County, Iowa

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WHEREAS, The qualified electors of the town of Prairie Preamble. City in Jasper county, Iowa, did comply with the laws of the 12th General Assembly, in submitting to the electors the question of incorporation of said town; and

WHEREAS, Upon submitting said question to the quali fied voters thereof as required by the provisions of said laws, the same was duly adopted and ratified; and

WHEREAS, The judge of said county failed to file and have recorded in the office of the recorder of said county the petition together with the description and plat of said town, and further failed to deposit a copy of the same with the Secretary of State as provided in said act; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the incorporation of the said town of Prairie City be and the same is hereby legalized as fully and effectually as if the said county judge had filed in the office, and had recorded in the records of said county, and deposited with the Secretary of State, the petition together with the description and plat of said town, as required by the provisions of chapter 61 of the laws of the 12th General Assembly.

SEC. 2. That all ordinances and by-laws enacted or adopted by the council of said town, shall have the same force and effect as if the law had been fully complied

Incorporation of alized, as if pap'rs

Prairie City leg

had been properly filed.

Ordinances and

by-laws same.

Taking effect.

SEC. 3. This act to take effect from and after its publication in the Daily State Register and Des Moines Bulletin.

Approved, April 14, 1870.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 27, and in the Des Moines Daily Bulletin, April 27, 1870.

ED WRIGHT, Secretary of State.

APRIL 14.

Rev. 2833.

CHAPTER 142.

PUBLICATION OF ORIGINAL NOTICES.

AN ACT to Amend Section 2833, of the Revision [of 1860].

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 2833 of the Revision [of 1860] be so amended as to read as follows: "The publication must be made by publishing the notice required in section 2812, without addition, four consecutive weeks which last publication shall be at least ten days before the next term of court, in some newspaper published at least weekly, and printed in the county where the petition is filed, and if there be none printed in such county, then in such paper Plaintiff, or his printed at the next nearest county of this State, which paper to publish. paper shall in either case be determined by the plaintiff, or his attorney.

attorney, to sel'ct

Taking effect.

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 Iowa Statesman, newspapers published at the city of Des Moines, Iowa.

Approved, April 14, 1870.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 27, and in The Des Moines Daily Statesman, April 28, 1870.

ED WRIGHT, Secretary of State.

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