CH. 161] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY land is situated, a notice with affidavit, setting forth affiants claim, together with the facts upon which such claim rests, and the residence of such claimants; and if such notice is not filed within two years from the taking effect of this act, such claim shall be barred forever. Any action contemplated in this section may include land situated in different counties, by giving notice thereof as provided by section three thousand five hundred forty-four (3544) of the code. Provided, that the repeal of said section shall not affect any act done, any right accruing or which has accrued or been established, nor any suit or proceeding had or commenced in any civil cause before the time when such repeal takes effect; but the proceedings in such cases shall be conformed to the provisions of said repealed section as far as consistent." Approved March 17, A. D. 1911. CHAPTER 160. RECOVERY OF INTEREST IN REAL ESTATE WHEN SPOUSE FAILED TO JOIN IN CONVEYANCE. H. F. 543. AN ACT to amend house file number six (6) of the thirty-fourth general assembly relating to the recovery of interest in real estate when spouse failed to join in convey ance. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Not restricted to recorded instruments. That section one (1) of house file number 6 of the thirty-fourth (34th) general assembly of Iowa, as the same appears in the record of enrolled bills be amended by striking out the words "which has been recorded" in the seventh (7th) line thereof. Approved May 2, A. D. 1911. CHAPTER 161. FORECLOSURE OF REAL ESTATE MORTGAGES. S. F. 258. AN ACT to repeal section three thousand four hundred forty-seven-c (3447-c) of the supplement to the code, 1907, and enacting a substitute therefor relating to the foreclosure of real estate mortgages and fixing the time within which certain actions for the foreclosure of mortgages may be brought. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal-limitation of action to foreclose or enforce real estate mortgage or contract. That section three thousand four hundred forty-seven-c (3447-c) of the supplement to the code, 1907, is hereby repealed and the following enacted in lieu thereof: "No action shall be maintained to foreclose or enforce any real estate mortgage, bond for deed, trust deed or contract for the sale or conveyance of real estate, after twenty (20) years from the date thereof, as shown by the record of such instrument, unless the record of such instrument shows that less than ten (10) years have elapsed since the date of maturity of the indebtedness or part thereof, secured thereby, or since the right of action LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 162 has accrued thereon, or unless the record shows an extension of the maturity of the instrument or of the debt or a part thereof, and that the time of such extension has not yet expired. The date of maturity, when different than as appears by the record of the instrument, and the date of maturity of any extension of said indebtedness or part thereof, may be shown at any time prior to the expiration of the above periods of limitation by the holder of the debt or the owner or assignee of the instrument filing an extension agreement, duly acknowledged as the original instrument was required to be acknowledged, in the office of the recorder where the instru ment is recorded, or by noting on the margin of the record of such instrument in the recorder's office an extension of the maturity of the instrument or of the debt secured, or any part thereof. Each notation to be witnessed by the recorder and entered upon the index of mortgages in the name of the mortgagor and mortgagee; provided that the holder or assignee of any such instrument, or the holder of any debt or part thereof, secured by any instrument, shall have until July 4, 1912 in which to file such extension agreement or to note the marginal extension as to any instrument executed prior to the taking effect of this act and coming within the provisions hereof. This act shall in no case revive the rights or claims barred by section three thousand four hundred forty-seven-c (3447-c) of the supplement to the code, 1907." Approved April 11, A. D. 1911. CHAPTER 162. APPEARANCE IN COURT. S. F. 160. AN ACT to repeal section three thousand five hundred and forty-one (3541) of the code and to enact a substitute therefor, relating to appearance in court. Be it enacted by the General Assembly of the State of Iowa: [SECTION 1.] Repeal-mode of appearance-when required. That section three thousand five hundred and forty one (3541) of the code be and the same is hereby repealed and the following enacted in lieu thereof: "SEC. 3541. The mode of appearance may be: 1. By delivering to the plaintiff or the clerk of the court, a memorandum in writing to the effect that the defendant appears, signed either by the defendant in person or his attorney, dated the day of its delivery and filed in the case; 2. By entering an appearance in the appearance docket or judges calendar or by announcing to the court an appearance which shall be entered of record; 3. By taking part either personally or by attorney in the trial of the case; 4. Any defendant may appear specially for the sole purpose of attacking the jurisdiction of the court. Such special appearance shall be announced at the time it is made and shall limit the party to jurisdictional matters only and shall give him no right to plead to the merits of the case. 5. No member of the general assembly shall be held to appear or answer in any civil or special action in any court while such general assembly is in CH. 164] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY session, nor shall any person be held to answer or appear in any court on any day now or hereafter made a legal holiday." Approved April 17, A. D. 1911. CHAPTER 163. RECOVERY BY A WOMAN OR HER ESTATE FOR INJURIES CAUSED BY NEGLIGENCE OF ANOTHER. S. F. 27. AN ACT providing for an award to a woman or her estate arising from an injury caused by the negligence or wrongful act of any person, firm or corporation, including a municipal corporation. [Additional to chapter three (3) of title eighteen (XVIII) of the code, relating to parties to an action.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Recovery authorized-maximum amount. When any woman receives an injury caused by the negligence or wrongful act of any person, firm or corporation, including a municipal corporation, she may recover for loss of time, medical attendance and other expenses incurred as a result thereof in addition to any elements of damages recoverable by common law; and if such injury result in causing death, her administrator may sue and recover for her estate, the value of her services as a wife or mother or both in such sum as the jury may deem proportionate to the injury resulting in her death, in addition to such damages as are recoverable by common law; also loss of services and expenses incurred, before death if not previously recovered, and in such case of injury arising from wilful, gross, or wanton negligence, punitive damages may be allowed by the jury in addition to other damages herein provided, but in no event shall the amount recovered exceed the sum of six thousand dollars ($6000.00). Approved April 3, A. D. 1911. CHAPTER 164. PLACE OF BRINGING ACTIONS. H. F. 80. AN ACT fixing the place of bringing suit against companies or corporations furnishing surety bonds in the state of Iowa. [Additional to chapter four (4) of title eighteen (XVIII) of the code, relating to place of bringing action.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Actions against surety companies. Suit may be brought against any company or corporation furnishing or pretending to furnish surety, fidelity, or other bonds in this state, in any county in which the principal place of business of such company or corporation is maintained in this state, or in any county wherein is maintained its general office for the transaction of its Iowa business, or in the county where the principal resides at the time of bringing suit, or in the county where the principal did reside at the time the bond or other undertaking was executed, and in the case of bonds furnished by any such company or corporation for any building or LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 166 improvement, either public or private, action may be brought in the county wherein said building or improvement, or any part thereof is located. SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its passage and approval, and its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved February 24, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital February 25, 1911. W. C. HAYWARD, CHAPTER 165. DISPOSITION OF PROCEEDS OF REAL ESTATE SOLD IN ACTIONS OF PARTITION. S. F. 418. AN ACT to amend section four thousand two hundred sixty-eight (4268) of the code, in relation to the disposition of the proceeds of real estate sold in actions of partition. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. When parties are married. That section four thousand two hundred sixty-eight (4268) of the code be and the same is hereby amended by adding thereto the following: "Provided that in case the amount of any share shall not exceed the sum of one thousand ($1000) dollars the court may in its discretion direct the same to be paid to the owner or two-thirds to the owner and one-third to the spouse; and provided further, that in all cases when it is shown to the satisfaction of the court that the owner has been abandoned by the husband or wife, the whole amount shall be paid to the owner and no agreement therefor shall be required." Approved April 6, A. D. 1911. CHAPTER 166. FORFEITURE OF CONTRACT. AN ACT to amend section four thousand two hundred ninety-nine (4299) of the code, relating to the declaration of forfeiture of contract and the service of notice relating thereto, and to amend section four thousand three hundred (4300) of the code relating to the recording of notice of forfeiture of contract. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Notice served personally or by publication. That section four thousand two hundred ninety-nine (4299) of the code be and the same is hereby amended by striking out all of the said section after the word "notice" in line (7) thereof, and inserting in lieu thereof the following: "shall contain a declaration of an intention to forfeit said contract and the reason therefor and may be served personally or by publication, on the same conditions, and in the same manner as is provided for the service of original notices. If such notice is served by publication no affidavit therefor shall be CH. 167] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY required and the forfeiture shall not take place until thirty (30) days after the last publication day. SEC. 2. Notice filed and recorded-fee. That section four thousand three hundred (4300) of the code be and the same is hereby amended by adding thereto the following: "If said payments are not made, or the conditions broken, are not performed within said period of thirty (30) days the vendor may file for record in the recorder's office the notice of forfeiture with the proof of service thereto attached, and if service was by publication also file his affidavit that personal service of the notice could not be had within this state; and when so filed and recorded the record thereof shall be constructive notice to all persons of the declaration of forfeiture and service of notice thereof. The recorder shall receive the same fee therefor as for recording other instruments.' Approved April 8, A. D. 1911. CHAPTER 167. SECURITY FOR COSTS IN JUSTICE COURTS. H. F. 162. AN ACT relating to security for costs in justice courts. [Additional to chapter one (1) of title twenty-two (XXII) of the code, relating to justices of the peace and their courts.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Security for costs. If a defendant in any cause of action in the justice court at any time within two days before the commencement of the trial of the cause, shall make and file an affidavit stating that he has a good defense in whole or in part, the plaintiff, if he is a nonresident of this state, or a private or foreign corporation, before any other proceedings in the action, must file with the justice of the peace before whom such action is pending, a bond with sureties to be approved by such justice in an amount to be fixed by the justice for the payment of all costs which may accrue in the action in the court in which it is brought, or in any other justice court to which it may be carried, either to the defendant or to the officers of the court. The application for such security shall be by motion, filed with the case, and the facts supporting it must be shown by affidavit annexed thereto, which may be responded to by counter affidavits on or before the hearing of the motion, and each party shall file all his affidavits at once and none thereafter. Approved March 25, A. D. 1911. |