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 amended. 1860, is hereby amended by adding there to the following:

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, but on demand 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.

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repealed.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 Section 1865 of the Revision of 1860 is Revision; $1865 hereby repealed: Provided, That nothing in this act contained shall be construed to affect or prejudice the rights of any bona fide purchaser, without notice, of property to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

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

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 qualified 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.

SEO. 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

with.

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.

CHAPTER 143.

RELIEF OF CAPTAIN JOSEPH W. CALDWELL.

AN ACT for the Relief of Joseph W. Caldwell.

APRIL 14.

to Cersus Board.

SECTION 1. Be it enacted by the General Assembly of Claim of J. W. the State of Iowa, That the claim of Joseph W. Cald- Caldwell referred well, late of "Company I," 1st Iowa cavalry, for services as captain of said company, be referred to the Census Board for their determination, and if sufficient evidence is presented to said Board to satisfy the members thereof, that said claim is just, said Board are hereby authorized Board to give to give their certificate to said Caldwell for the amount allowed; said certificate to be directed to the Auditor of State, who, on the receipt thereof, shall issue his warrant Auditor's war – on the State Treasurer for amount so allowed, to be paid out of any moneys in the State treasury not otherwise appropriated.

certificate, when.

rant.

SEC. 2. This act being deemed of immediate import- Taking effect. ance, shall be in full force on its publication in the Iowa State Register and Iowa Statesman, newspapers published at Des Moines.

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.

CHAPTER 144.

AGRICULTURAL COLLEGE AND FARM.

AN ACT to Change the Time of the Meeting of the Board of Trustees APRIL 14. of the Iowa State Agricultural College and Farm, and for other

Purposes.

SECTION 1. Be it enacted by the General Assembly of

the State of Iowa, That the annual meeting of the Board Meeting of Board of Trustees of the Iowa State Agricultural College and to be in DecemFarm shall be held at the Agricultural College on the first Wednesday of December in each year.

College year.

be filed with Governor, when.

SEC. 2. The College year shall commence on the first day of December of each year, and terminate on the thirtieth of November of the following year; the biennial Biennial report to report of the Board of Trustees shall be filed in the office of the Governor not later than the fifteenth day of December preceding the regular meeting of the legisla ture. The Governor shall cause four thousand copies of the report to be printed and bound in paper and distribuReports, how dis- ted as follows: two thousand copies of which shall be furnished to the Agricultural College, and the balance to be distributed as provided by chapter 114 of the laws of the Tenth General Assembly.

tributed.

SEC. 3. The president, secretary, treasurer, and cashier Oath of officers shall take and subscribe the oath provided in section 2180 of the Revision of 1860.

of Board.

SEC. 4. That the fees arising from the releasing of the Fees from releas- lands be paid into the treasury of the Iowa State Agriculpaid into treas'ry tural College and Farm for the use thereof.

ing of lands to be

of College.

Taking effect.

SEC. 5. This act, being deemed by the General Assembly 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 in 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 The Des Moines Daily Statesman, April 28, 1870.

ED WRIGHT, Secretary of State.

APRIL 14.

to be Commis

AN ACT Making the Judges of the Supreme Court Library Commissioners.

SECTION 1. Be it enacted by the General Assembly of Supreme Judges the State of Iowa, That the Judges of the Supreme sioners. Court are hereby created Commissioners of the State Library, and as such are to have the management and control thereof in the selection and exchange of books therefor, for which they are to receive no compensation.

Taking effect.

SEC. 2. This act being deemed of immediate importance shall take effect and be in force from and after its