CHAPTER 41. FORCIBLE ENTRY OR DETENTION OF REAL PROPERTY. AN ACT to Amend Chapter One (1) Title Twenty-one of the Code of S. F. 22. amended. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That chapter (1) title twenty-one of the code of Code: title 1873, of justices of the peace and their courts, be amended by XXI., ch. 1 adding the following section as section 36234 of said code, viz.: "An appeal or writ of error, taken in the usual way, if the Effect of proper security is given, suspends the execution for costs, and may, with the consent of the plaintiff, prevent the warrant of removal from being executed, but not otherwise." of error. clause. SEC. 2. This act being deemed of immediate importance shall Publication take effect from and after its publication in the daily Des Moines Register and State Leader, papers published at Des Moines, Iowa. Approved March 18th, 1874. I hereby certify that the foregoing act was published at Des Moines, in The Iowa Daily State Leader March 30, and in The Iowa Daily State Register April 2, 1874. JOSIAH T. YOUNG, Secretary of State. CHAPTER 42. EXEMPTION FROM EXECUTION. AN ACT to Amend Section 3072 of the Code of Iowa [Title XVIII., H. F. 294. · Chapter 2: "Of Executions"]. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 3072 of the code of Iowa be and Code: ¿ 3072. the same is hereby amended by striking out the word "Thereon" Wool from in the 12th line of said section, and by inserting in lieu thereof sheep owned by debtor, and the words "Therefrom, and the materials manufactured from such manufactures "wool." Approved March 18th, 1874. theref:om exempt. CHAPTER 43. APPOINTMENT OF GUARDIANS. An ACT to Amend Section 2315, Chapter 1 of Title 16 of the Code of S. F. 36. 1873 [relating to Probate Jurisdiction]. tion may SECTION 1. Be it enacted by the General Assembly of the Code: § 2315. State of Iowa, That section 2315, chapter (1) one, of title 16, Clerk in vacaof the code of 1873 be and the same is hereby amended by appoint inserting the word "Guardians," after the word "Administrators," guardians. in the second line of said section. clause. SEC. 2. This act being deemed of immediate importance, the Publication same shall take effect twenty days after its publication as provided by law. Approved March 18th, 1874. I hereby certify that the foregoing act was published at the seat of government, in The Homestead and Western Farm Journal April 3, and in The Iowa Daily State Register April 9 1874 JOSIAH T. YOUNG, Secretary of State. CHAPTER 44. RELATING TO MECHANICS' LIENS. AN ACT to Amend Section 2142 of Chapter Eight of Title Fourteen of S. F. 263. the Code allowing Assignmen:s of Mechanics' Liens. 66 of mechanics' SECTION 1. Be it enacted by the General Assembly of the Enforcement State of Iowa, That section 2142 of chapter eight, of title four- liens. teen, of the code, be and is hereby amended to read as follows: Any person having a lien by virtue of this chapter may bring Lien transsuit to enforce the same in the district or circuit court of the county wherein the property is situated, and the lien herein given execution. shall be transferable and assignable, but when for labor alone shall be exempt from execution." ferable when exempt from clause. SEC. 2. This act being considered of importance shall take Publication effect and be in force from and after its publication in The Daily State Register and The Daily State Leader. Approved March 18th, 1874. I hereby certify that the foregoing act was published in The Iowa Daily State Leader March 30, and in The Iowa Daily State Register April 2, 1874. JOSIAH T. YOUNG, Secretary of State. H. F. 221. Code: 2799. Board of supervisors may make forest, shade, and fruit trees, and hedges. Proportionate exemption. Board may tions as to CHAPTER 45. EXEMPTION FOR HEDGES, SHADE-TREES, ETC. AN ACT to Amend Section 799, Chapter 1, Title 6 of the Code [relating to the Assessment of Taxes]. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 799, of chapter 1, of title 6, of the code of Iowa be amended as follows: Strike out all of said section, and insert in lieu thereof the following: "Sec. 799. The board of supervisors may exempt from taxation for any one year, except for state purposes, an amount not exceeding five hundred dollars for each acre of forest-trees, less exemption for than three years old, planted and suitably cultivated for timber, or for each mile of hedge, or for each mile of shade-trees, along the public highway, or for each acre of fruit-trees not more than three years old; and also a proportionate exemption for each onefourth mile of hedge or one-fourth mile of shade-trees along the public highway. Such board, before granting any of the exemptions contemplated in this section, shall establish rules as to the adopt regula method of planting and cultivating such hedges and trees, and the number of the same to the mile or acre, and persons claiming such exemption shall bring satisfactory proof that such rules have been complied with. But no person shall have any personal property nor more than one half his real estate exempted under this and the foregoing section, nor shall there be any exemption on account of nursery trees grown for sale. Any person claiming such exemption, may appear before the board of supervisors at any regular meeting, and, upon showing to the satisfaction of satisfy board. said board that he has complied with the requirements, shall receive from the county auditor a certificate, stating the amount of exemption, which shall be received by the county treasurer in satisfaction of the taxes exempted." same. Limit of exemption. Claimant to Approved March 18th, 1874. S. F. 71. Code: title vi,, chỉ 2. CHAPTER 46. TAX-SALES IN LEE COUNTY. AN ACT to Amend Chapter 2, Title 6, of the Code in Relation to Tax- SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in counties divided into two districts Sales to be at for the collection of taxes, and where there are two county-seats, the sales of lands and property for delinquent taxes, in each collection district, shall be sold at the county-seat, or place where pace where taxes are collectable. attend sale the taxes for each district are collected, and the deputy treasurer Recorder or and the recorder or his deputy, at such county-seat or place, shall deputy sal be authorized, and are hereby declared authorized and empowered, with deputy to do and perform all the duties required of the treasurer and auditor of such county. treasurer. SEC. 2. The records of such sales, and all matters and things Record, where pertaining to the same, shall be kept by, and in the office of, the kept. deputy treasurer and the recorder, or his deputy, as is required to be kept by the treasurer and auditor. ed of the re deputy. Powers of dep uty treasurer and the recorder. SEC. 3. All property sold under the provisions of this act shall Property sold be redeemed of the recorder or his deputy, and the certificate of cabe redeemredemption so issued shall be countersigned by the deputy treas- corder or his urer, and the deputy treasurer and recorder or his deputy shall be authorized and empowered to do and perform all the duties in relation to such redemption as is [are] required of the treasurer and auditor of the county. SEC. 4. At the expiration of the time for redemption, as re- Deputy treasquired by sections 890, 891, 892, 893, 894, 895, chapter 2, title VI., urer to exeof the code, the deputy treasurer is hereby authorized to make, execute, acknowledge, and deliver good and sufficient deeds to the purchaser or holder of the sale-certificate, and to do and perform all other acts and duties required by law of the treasurer of the county in regard to the same. cute deeds. clause. SEC. 5. This act shall be in force and take effect from and after Publication its publication as prescribed by law. Approved March 18th, 1874. I hereby certify that the foregoing act was published at the seat of government, in The Iowa Daily State Register March 28, and in The Homestead and Western Farm Journal April 10, 1874. JOSIAH T. YOUNG, Secretary of State. CHAPTER 47. RAILWAYS CROSSING HIGHWAYS. AN ACT to Amend Chapter Four (4) of Title X. of the Code, on "taking S. F. 41. "Private Property for works of Internal Improvement." SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 1262, of chapter 4, of the code be amended so as to read as follows: duty of rail Any such corporation may raise or lower any turnpike, plank- Right and road, or other highway, for the purpose of having its railway way corporacross over or under the same; and in such cases said corporation tions. shall put such highway, as soon as may be, in as good repair and condition as before such alteration at such place of crossing." SEC. 2. This bill being of immediate importance shall take Publication clause. effect and be in force thirty days after its publication in the Iowa State Register and the Des Moines Leader, according to law. Approved March 18th, 1874. I hereby certify that the foregoing act was published in The Iowa Daily State Leader March 27, and in The Iowa Daily State Register March 28, 1874. JOSIAH T. YOUNG, Secretary of State. S. F. 78. Code: 4779. May be furnished beyond the state. Publication clause. CHAPTER 48. TRANSPORTATION FOR DISCHARGED CONVICTS. AN ACT to amend Section 4779, chapter 2, title 26, of the code [“Of the "Penitentiary of the State and the Government and Discipline "thereof"]. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 4779 of chapter 2 of title 26 of the code be amended by inserting after the words "Friends," in the 4th line, the following, "Or may furnish such transportation to "any point of a like distance without the state." SEC. 2. This act being deemed of immediate importance shall take effect from and after its publication in The Iowa Daily State Register and Daily State Leader. I hereby certify that the foregoing act was published in Des Moines in The Iowa Daily State Leader March 30, and in The Iowa Daily State Register April 2, 1874. JOSIAH T. YOUNG, Secretary of State. S. F. 224. Code: 2131. tracting with CHAPTER 49. RELATING TO MECHANICS' LIENS. AN ACT to Amend Sections 2131, 2133, 2134, and 213 5 Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 2131 of the code be and the same is hereby amended by adding at the end thereof the following: "And every person or laborer furnishing material or performPersons con- ing labor by virtue of a contract with any sub-contractor, subcontractor wishing to avail himself of the benefit of this chapter, to be entitled shall give notice to the owner and contractor or their respective agents or trustees, before or at the time he furnishes any of the things aforesaid or performs any labor, of his intention to furnish or perform the same, and the probable value thereof; and if afterwards the things are furnished a [or] labor done, the person so furnishing material or performing labor shall settle to lien. Mode of procedure. |