of real property, or in case where no one is in possession, Action to quiet an action may be brought, by any one claiming title, to title may be bro't quiet such title. Such claimant must file his petition ing title. under oath, setting forth the nature and extent of his Petition. estate, and describing the premises as accurately as may be, and averring that he is credibly informed and believes that the defendant makes some claim adverse to the estate of the petitioner, and praying for the establishment of the plaintiff's estate against such adverse claims, and that the defendant be barred and forever estopped from having or claiming any right or title to the premises, adverse to the plaintiff. The notice in such action shall accurately de- Requisites and scribe the property and in general terms the nature and Default. extent of plaintiff's claim, and shall be personally served on the defendant if he is a resident of the State; otherwise such notice may be served by publication as in ordi service of notice. nary actions. If defendant make default the court shall Trial and judgrender judgment in accordance with the prayer of the ment. petition. But defendant may plead to such action as in actions commenced in ordinary proceedings, and the court shall proceed to try and determine the same and render judgment accordingly. SEO. 33. (Sec. 3603.) If the defendant shall appear and disclaim all right and title adverse to the plaintiff, he Disclaimer. shall recover his costs. Notice to take depositions. SEC. 34. (Sec. 4066.) Reasonable notice of the name of a witness, and the time and place when and where the same will be taken, must be given to the opposite party; but if notices are given in the same case by the same party, and of the taking of depositions at different places upon the same day, they shall be invalid; and no party required on elecshall be required to take depositions on the day of general fourth." election, or on the fourth day of July. When invalid. tion day, or July vision repealed; SEC. 35. Sections 2742, 2773, and 2775 are hereby Sectious of Rerepealed; Provided, that the repeal of section 2742 shall not affect the rights of parties in actions pending at the affected. time of the passage of this act. what rights not SEC. 36. This act, being deemed by the General As- Taking effect. sembly 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 16, 1870. I hereby certify that the foregoing act was published in The Des Moines Daily Statesman, April 28, 1870, and in the Daily Iowa State Register, April 29, 1870. ED WRIGHT, Secretary of State. APRIL 16. ple. CHAPTER 168. CONSTITUTIONAL CONVENTION. AN ACT to Provide for the Submission of the Question of calling a SECTION 1. Be it enacted by the General Assembly of Question to be the State of Iowa, That at the general election to be submitted to peo- held in the year one thousand eight hundred and seventy, there shall be, and hereby is, submitted to the electors of this State, qualified to vote for members of the General Assembly, the question, "Shall there be a convention to revise the constitution and amend the same?" and it shall be the duty of the Governor to set forth the question and submission thereof in his proclamation of such election. Ballot. SEC. 2. Those electors voting in favor of the question, shall have written or printed on their ballots the words, "For a convention to revise the constitution and amend the same;" those electors voting against the question submitted, shall have written or printed on their ballots the words, "Against a convention to revise the constitution and amend the same." SEC. 3. The votes cast for and against the question of Canvass of votes. the calling of the convention, in the manner aforesaid, shall be canvassed and returned in all respects as the vote for the office of Secretary of State is canvassed and returned, except that the result shall be certified in duplicate by the Board of State Canvassers, one certificate being deposited in the office of the Secretary of State and the others in the office of the Governor. Duplicate certificate. ble, duty of Gov SEC. 4. In case a majority of the electors qualified as If vote is favora- aforesaid voting at such election for and against such proposition, shall decide in favor of a convention for the purposes herein provided, it shall be the duty of the Governor to report such result to the General Assembly ernor. at its next session. Approved, April 16, 1870. 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, SECTION 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 judgment 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. Acts of T. F. Rice SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the notarial acts of T. F. Rice, with commission 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 |