having the same boundaries as said school-district number eight; and, legally organiz'd. WHEREAS, Doubts have arisen as to the legality of the organization of said independent school-district; therefore, SECTION 1. Be it enacted by the General Assembly of District declared the State of Iowa, That said independent school-district of Esgate, in the county of Jackson, Iowa, be and the same is hereby declared to be fully and legally organized and incorporated, with the boundaries as established by said trustees of Farmers' Creek township, the same as though all the provisions of the statute regulating the organization of independent school-districts had been fully complied with, and the said district is hereby declared to have the powers, rights, and privileges, that would have belonged to said district had the same been legally organized on the 28th day of February, 1868. SEC. 2. All the acts of the de facto officers of said officers' acts conindependent district of Esgate, are hereby confirmed, and firmed. are declared to have the same form and effect as though said organization had been fully and legally completed on the 28th of February, 1868. SEC. 3. This act being deemed of immediate impor- Taking effect. tance shall take effect from and after the date of its publication in the Des Moines State Register, and Jackson Sentinel, without expense to the State. Approved, April 28, 1870. I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 27, and in the Jackson Sentinel, April 28, 1870. ED WRIGHT, Secretary of State. CHAPTER 156. ADULTERATION OF MILK AND CHEESE, AN ACT to Prevent and Punish the Adulteration of Milk and APRIL 15. Cheese. SECTION. 1. Be it enacted by the General Assembly of luted or adulter the State of Iowa, That whoever shall knowingly sell to Selling milk diany person or persons, deliver or bring to be manu- ated, etc., factured to any cheese or butter manufactory in this State, any milk diluted with water, or in any way adulterated, strippings fraudulently, or milk from which any cream has been taken, or milk keeping back commonly known as "skimmed milk," or shall keep back any part of milk known as "strippings," with intent to defraud, or shall knowingly sell the milk, the product of a diseased animal or animals, or shall knowingly use any or using deleteri- poisonous or deleterious material in the manufacture of cheese or butter, cheese or butter, shall, upon conviction thereof, be fined in any sum not less than twenty-five dollars, nor more Hlable to fine and than one hundred dollars, and liable in double the amount damages. of damages to the person or persons, firm, association, or corporation, upon whom such fraud shall be committed. ous material in 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 Iowa State Register and Bulletin, newspapers published in Des Moines, Iowa. Approved, April 15, 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 18. and divisions of CHAPTER 157. SWAMP LAND FUND OF JACKSON COUNTY. AN ACT to Legalize the Action of the Board of Supervisors of SECTION 1. Be it enacted by the General Assembly of Appropriations the State of Iowa, That all the appropriations and divissw'mp-land funds ions heretofore made of the swamp-land funds of Jackson county to the several townships in said county, by the board of supervisors of said Jackson county, be, and the same are hereby, legalized. legalized. Taking effect. SEC. 2. This act to take effect from and after its pub- I hereby certify that the foregoing act was published in the Daily Ivroa State Register, April 27, 1870, and the Jackson County Sentinel,* ED WRIGHT, Secretary of State. See Addenda. CHAPTER 158. ESTATES OF DECEDENTS. AN ACT to Amend Chapter 100 of the Revision of 1860, in relation APRIL 15. to the Estates of Decedents. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That sections 2308, 2323, 2325, 2326, Rev.: ch, 100. 2329, 2334, 2335, 2339, 2348, 2349, 2351, 2352, 2360, 2376, 2386, 2387, 2389, 2391, 2393, 2395, and 2399 of the Revision of 1860, be, and the same are hereby, repealed, and there is enacted in lieu thereof, and as such sections, the following: filled. where SEC, 2. (Sec. 2308.) That all bonds relating to pro- Bonds in probate bate matters shall be filed in the office of the clerk of the matters, circuit court, and shall not be deemed sufficient until ex- Clerk's approval. amined by the clerk, and his approval indorsed thereon. SEC. 3. (Sec. 2323.) Any person, having the custody Reading of will; of a will, shall, at the first stated term of the court after being informed of the death of the testator, bring the same into open court, when it shall be publicly read; or such will may be filed with and opened by the clerk in in vacation. vacation. SEC. 4. (Sec. 2325.) After being thus produced and Probate. read, a day shall be fixed by the court, or clerk, for proving the same, which day shall be during a term of court, and which hearing may be postponed, from time to time, in the discretion of the court. SEC. 5. (Sec. 2326.) Notice of such hearing shall be Notice; given, which shall be signed by the clerk of the court and addressed to all whom it may concern, and be published in a weekly or daily newspaper, printed in the county where to be printe]. the will is filed, for three consecutive weeks, the last of which publications shall be at least ten days before the time fixed for such hearing, If, however, the court direct Other notice. other or different kind of notice, it shall be such as by it prescribed. sive, unless, etc. SEC. 6. (Sec. 2329.) Wills shall not be carried into Probate conclueffect unless thus allowed, and such allowance is conclusive as to the due execution of the will, unless set aside by an original or appellate proceeding. SEC. 7. (Sec. 2334.) They may in each case consist of one or more, and, if not designated by will, they may be appointed by the court in term, or in vacation by the clerk subject to the approval of the court. Executors, to give bond, Refusal to accept SEO. 8. (Sec. 2335.) If a person appointed executor trust; or neglect refuse to accept the trust, or, if when duly notified of his makes necessiry; appointment, he neglects to appear within thirty days and give bond as hereinafter prescribed, or when an executor removes from the State, a vacancy will be deemed to have occurred. of vacancy. SEC. 9. (Sec. 2339.) In case of vacancy the court Provision in case may appoint a substitute, or it may allow another executor (if there is another) to proceed by himself in administering the estate. When such vacancy leaves the estate without an executor, the clerk may, in vacation, appoint such substitute subject to the approval of the court. bond. SEO. 10. (Sec. 2348.) Every executor, except as Executor to give herein otherwise declared, before entering on the discharge of his duty, must give bond in such penalty as the clerk approves, conditioned for the faithful discharge of the duties imposed on him by law, according to the best of his abilities. Oath, Commission. cutors. SEC. 11. (Sec. 2349.) He must also take and subscribe an oath, the same in substance as the condition of the bond aforesaid, which oath and bond must be filed with the clerk. SEC. 12. (Sec. 2351.) After the filing of the bond aforesaid, the clerk shall issue a commission under the seal of the court, giving the executor the powers authorized by law. SEC. 13. (Sec. 2352.) When for any cause there is a Temporary exe- necessary delay in granting such commission, the court in term, or the clerk in vacation, may, in their discretion, appoint one or more executors to collect and preserve the property of the deceased, who shall qualify as above required. sonal effects. SEC. 14. (Sec. 2360.) Within thirty days after their Inventory of per- appointment, unless for good cause an extension of that time is specially given by the court, or if in vacation by the clerk, the executors shall make and return to the clerk an inventory of all the personal effects of the deceased, of every description, which have come within their knowledge, embracing all book-accounts which appear by the books or papers of the deceased to be unsettled. SEC. 15. (Sec. 2376.) Before any order to that effect Notice of sale of can be made, all persons interested in such real estate, shall be served with notice in the same manner as prescribed for the commencement of civil actions. real estate. Conveyances. SEC. 16. (Sec. 2386.) Where real estate is sold, conveyances thereof executed by the executors pass to the pur of record. chaser all the interest of the decedent therein; but such conveyance shall not be valid until approved by the court. SEC. 17. (Sec. 2387.) Such approval shall be entered Presumption. A certificate thereof must be indorsed upon the deed, with the signature of the clerk and the seal of the court affixed thereto, and the deed so indorsed shall be presumptive evidence of the validity of the sale, and of the regularity of all the proceedings connected therewith. how published. SEC. 18. (Sec. 2389.) (Sec. 2389.) The executors shall, within Executors' notice thirty days after the receipt of their commission, publish notice of their appointment, either by posting, or by publication in a newspaper, in such manner as the court, or if in vacation, the clerk may direct; which direction shall be indorsed on the commission when issued. SEC. 19. (Sec. 2391.) Claims against the estate must claims. be clearly stated, sworn to and filed, if the claim be less than one hundred dollars, ten days' notice of the hearing indorsed on a copy of the claim must be served upon one of the executors in the manner required for commencing actions in the district court. The executor may with the Executor approbation of the court, admit claims with the correctness of which he is satisfied, but not until the claimant has sworn to their correctness, and the like rule shall be observed in relation to payments or set-offs to any demands due the estate. allow. may claims filed are SEC. 20. (Sec. 2393.) Where claims are filed, and Remedy where not allowed as provided in the preceding section, the not allewed. claimant's remedy thereon shall be by action in the circuit court, if the claim exceeds one hundred dollars. cour ferees, when: SEC. 21. (Sec. 2395.) In matters of accounts of Circuit executors and guardians, the circuit court shall have may appoint reauthority to appoint one or more referees, who shall have and their duties. all the powers, and perform all the duties, as now provided in relation to referees appointed by the district court under Rev.: ch., 123, chapter 123 of the Revision of 1860. ments. SEC. 22. (Sec. 2399.) Unsatisfied judgments rendered Unsatisfied judgprior to the death of the decedent, sworn to as provided in section 2391, shall be entered in the catalogue of claims, but possess no preference over other claims, except the lien allowed by law. And should the executor wish to make defense to said judgment, or establish a set-off Set-off, etc. thereto, or cross demand against the owner thereof, he may do so by action in the circuit court. repealed. SEC. 23. Sections 2392 and 2394 of Revision of 1860 Rev.: $2392 & 94 are hereby repealed. |