Appeal to circuit court. the as to drain flual SEC. 7. Either party, feeling aggrieved by the decision of the trustees in the assessment of damages, may appeal to the circuit court of the county in which the land is situated, and the said court may hear and determine in all matters relating to said assessment; but so much of Trustee's decisi'n the decision of said trustees as relates to the location, width, and depth of said drain, shall be final. An appealAppeal: bond. bond shall be required as in cases of appeal from justices of the peace, and the same shall be filed with the township clerk, who shall approve it, and immediately thereafter shall certify all the original papers to the clerk of the circuit court. Trustees to keep SEC. 8. After said drain is completed, it shall be kept drain in repair. in repair under the direction of the township trustees, and, when applied to in writing by any person owning land through which such drain shall run, said trustees shall examine the same and may make such orders in regard to the repair thereof and cleansing the same, as they may deem just and equitable, but they shall not be empowered to order any person to repair or cleanse the same, except the owners of land through which the drain runs. Pay of officers. SEC. 9. The township trustees shall receive for their duties under this act, the sum of one dollar and fifty cents per day, and the township elerk shall receive for filing each application the sum of fifty cents. The surveyor shall receive the fees prescribed by law for like duties performed Payment of costs. by him. The trustees shall make such orders in regard to the payment of costs as they may think just, and they may require their costs to be paid in advance, in the first instance, by the person making the application. Bridging of high ways Persons obstruct ditch liable for SEO. 10. If said drain shall cross a highway, it shall be bridged at the expense of the applicant or applicants. SEC. 11. Any person who shall dam up, obstruct, or inbring in any way injure any ditch or ditches so opened, shall be double damages; liable to pay to the person owning or possessing the swamp, marsh, or other low land for the draining of which such ditch or ditches shall have been opened, double the damages that shall be assessed by the jury for such injury ; and, in case of a second or other subsequent offense by the same person, treble such damages. for second offense treble 1862: eh. 70 repealed. Taking effect. SEC. 12. Chapter 70 of the acts of the Ninth General Assembly is hereby repealed. SEC. 13. This act shall take effect from and after its publication in the Iowa State Register and Des Moines Bulletin, daily papers published in the city of Des Moines, Approved, April 15, 1870. I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 28, and in the Des Moines Daily Bulletin, April 29, 1870. ED WRIGHT, Secretary of State. CHAPTER 160. CONVEYANCES MADE IN OTHER STATES. AN ACT Relating to the Acknowledgment and Recording of Deeds APRIL 15. property in Iowa according to their ord. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all deeds and conveyances of Conveyances of lands, tenements, and hereditaments, lying and being heretofore made within this State, heretofore executed, and which said in other States, deeds and conveyances have been acknowledged, or proved, laws made valid. according to and in compliance with the laws and usages of the State, territory, or country in which such deeds and conveyances were acknowledged and proven, are hereby declared effectual and valid in law, to all intents and purposes, as though the same acknowledgments had been taken or proof of execution made within this State, and in pursuance to the acts and laws thereof; and such deeds, Admitted to recso acknowledged or proved as aforesaid, may be admitted to be recorded in the respective counties in which such lands, tenements, or hereditaments do, or may be [lie], anything in the acts and laws of this State to the contrary thereof notwithstanding: Provided, That all deeds and Proviso: record conveyances of lands, tenements, and hereditaments situated within this State, which have been acknowledged or proved in any other State, territory, or country, according to and in compliance with the laws and usages of such State, territory, or country, and which deeds or conveyances have been recorded within this State, be [and] the same are hereby confirmed and declared effectual and valid in law, to all intents and purposes, as though the said deeds or conveyances so acknowledged or proved and confirmed. veyances, herǝto legalizee. recorded, had prior to being recorded been acknowledged or proved within this State. SEC. 2. That the acknowledgments of all deeds, mortAcknowledge-gages, and other instruments in writing, taken and certiments of all con- fied previous to the passage of this act, and which have fore recorded, been duly recorded in the proper counties of this State, be and the same are hereby declared to be legal and valid in all courts of law or equity in this State, or elsewhere, anything in the several different acts or laws of the territory or State of Iowa, in regard to acknowledgments, to the contrary notwithstanding. ment without seal valid. SEC. 3. That all deeds, mortgages, or other instruAcknowledgments in writing, for the conveyance of lands, which have heretofore been made and executed, and the officer taking the acknowledgment has not affixed his seal to the acknowledgment, such acknowledgment shall nevertheless be good and valid in law and equity, anything in law heretofore passed to the contrary notwithstanding. Taking effect. SEC. 4. This act, being deemed of immediate importance, shall be in force from and after its publication in the Iowa State Register and Des Moines Bulletin, newspapers pub. lished in Des Moines, Iowa. Approved, April 15, 1870. I hereby certify that the foregoing act was published in the Daily Iowa State Register, and the Des Moines Daily Bulletin, April 28, 1870. ED WRIGHT, Secretary of State. APRIL 15. CHAPTER 161. ATTACHMENT AND GARNISHMENT. AN ACT to Amend Chapter 124 of the Revision of 1860, relative to Attachment and Garnishment. SECTION 1. Be it enacted by the General Assembly of Rev.: $8174 re- the State of Iowa, That section 3174 of the Revision of 1860 be, and the same is hereby, repealed; and there is hereby enacted, in lieu thereof, the following, to-wit: pealed. must state. The petition which asks an attachment must in all cases What petition be sworn to. It must state: 1st, that the defendant is a foreign corporation, or acting as such; or, 2d, that he is a non-resident of the State; or, 3d, that he is about to remove his property out of the State without leaving with fraudulent sufficient remaining for the payment of his debts; or, 4th, that he has disposed of his property (in whole or part) with intent to defraud his creditors; or, 5th, that Contemplated dis the defendant is about to dispose of his property with peal of property intent to defraud his creditors; or, 6th, that he has intent. absconded, so that the ordinary process cannot be served upon him; or, 7th, that he is about to remove permanently out of the county, and has property therein not exempt from execution, with which he refuses to pay or secure the debt due the plaintiff; or, 8th, that he is about to remove permanently out of the State, and refuses to pay or secure the debt due the plaintiff. SEC. 2. That the word "county" in the third line of Rev.: 53177. section 3177 of said chapter be repealed, and the word given jurisdiction "circuit" be enacted and inserted in lieu thereof, and Circuit court that there be added, to the end of said section 3177, the words following, to-wit: "and circuit court." SEC. 3. This act shall take effect and be in force from Taking effect. and after its publication in the Iowa State Register and the Iowa evening Statesman, papers published in Des Moines, Iowa. Approved, April 15, 1870. I hereby certify that the foregoing act was published in The Des Moines Daily Statesman, April 26, and the Daily Iowa State Register, April 28, 1870. ED WRIGHT, Secretary of State. CHAPTER 162. INDEPENDENT DISTRICT OF KIRKVILLE. AN ACT to Legalize the Acts of the Independent District of Kirk- APRIL 15. ville, Wapello County, Iowa. SECTION 1. Be it enacted by the General Asembly of the State of Iowa, That all tax-levies for school-house Tax-levies and fund and the election of directors and officers of the election legalized school-board of the independent district of Kirkville, Wapello county, Iowa, for the year 1870, is [are] hereby legalized and made valid, the same as if the proceedings had all been conducted according to law. SEC. 2. That this act take effect and be in force from Taking effect. and after its publication in the Iowa State Register and A the Ottumwa Courier, the publication to be made without expense to the State. Approved, April 15, 1870. I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 28, and the Ottumwa Courier* ED WRIGHT, Secretary of State. APRIL 15. Preamble. CHAPTER 163. AN INDEPENDENT DISTRICT IN PAGE AND TAYLOR COUNTIES. AN ACT to Legalize the Organization of an Independent School- WHEREAS, On the 8th day of April, A. D. 1867, an independent school-district was organized out of subdistrict number one, in Nebraska township, Page county, Iowa, and from contiguous territory, to-wit: the west of section 18, west of section 19, and west of south of section 7, situated in Dallas township, in Taylor county; and, WHEREAS, The county officers of the said counties of Page and Taylor have recognized the legality of said organization by the levy of and partial collection of taxes for school purposes upon and from the citizens thereof; and WHEREAS, The said citizens have, during the time that has elapsed since the organization of said independent district, enjoyed the benefit and privilege thereof; [therefore,] SECTION 1. Be it enacted by the General Assembly of Organization le- the State of Iowa, That the organization of said independent school-district, as herein set forth, is hereby legalized and made binding. galized. Taking effect. SEC. 2. This act to take effect and be in force from and after its publication in the Page County Herald and Page County Democrat, papers published at Clarinda, Iowa, without expense to the State. Approved, April 15, 1870. I hereby certify that the foregoing act was published in The Page County Herald April 28, and in The Page County Democrat * ED WRIGHT, Secretary of State. *See Addenda. |