LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 230 CHAPTER 229. OFFICIAL ACTS OF CERTAIN NOTARIES PUBLIC. H. F. 574. AN ACT to legalize the official acts of certain notaries public. Whereas, certain notaries public whose commissions expired July 4th, 1909, and who have continued to act as such notaries public after the expiration of such commissions and who have since qualified as such notaries public, and, Whereas, certain notaries public in the state of Iowa, under a misapprehension as to the date when their commissions were issued as notaries public, did, prior to the 17th day of March 1911, and before their commissions had actually been issued, take certain acknowledgments, and administer certain oaths, and, Whereas, it is the desire of all such notaries public to have their official acts as such notaries public legalized, now, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Official acts legalized-pending litigation. That all acknowledments of all written instruments, affidavits, deeds, mortgages, papers and documents, by notaries public as described in the preamble hereof, whether or not the same is required by law to be acknowledged, and all taking of affidavits made by notaries public, be, and the same are hereby, legalized and made valid the same as though they had been duly commissioned as notaries public at the time such acknowledgments were taken, provided this act shall not apply to title to real estate or other property rights which are now in litigation. SEC. 2. In effect. In effect. This act being deemed of immediate importance shall be in force and effect from and after its publication in the Register and Leader and Des Moines Capital, newspapers published at Des Moines, Iowa. Approved April 13, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 15, 1911, and in the Register and Leader April 17, 1911. W. C. HAYWARD, CHAPTER 230. THE ELECTION HELD IN SCOTT COUNTY NOVEMBER 8, 1910, FOR CONSTRUCTION AND MAINTENANCE OF A COUNTY HOSPITAL. S. F. 296. AN ACT to legalize an election of Scott county, Iowa, held November 8, 1910, for the construction and maintenance of a county hospital, the acts and resolutions of the board of supervisors, and authorizing the issuance of bonds therefor. Whereas, at a regular meeting of the board of supervisors of Scott county, Iowa, on October 4, 1910, a petition was presented by the board of health of the city of Davenport, Iowa, asking said board of supervisors to submit to the legal voters of said county at the election on November 8, 1910, the following measure: "Shall Scott county erect and maintain a hospital for tuberculosis, diphtheria, scarlet fever and other contagious diseases?" and, CH. 230] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY Whereas, the following resolution was unnimously adopted by said board of supervisors at said regular meeting on October 4, 1910. "Resolved: that the following measure be submitted to the voters at the general election to be held November 8, 1910, and that the county auditor be, and he is hereby instructed to prepare the necessary ballots for the submission of such proposition to the electors of the county: "Shall Scott county erect and maintain a hospital for, tuberculosis, diphtheria, scarlet fever and other contagious diseases at a cost not to exceed twenty thousand ($20,000.00) dollars for the hospital and land and pay for same in bonds of $100.00 or multiple thereof, bearing not to exceed six per cent interest and running from one to ten years?" and, Whereas, at the said general election held on November 8, 1910, the following proposition was placed on the special ballot: "Shall the following public measure be adopted? "Shall Scott county erect and maintain a hospital for tuberculosis, diphtheria, scarlet fever and other contagious diseases at a cost not to exceed twenty Yes thousand ($20,000.00) dollars for the hospital and land and pay for the same in bonds of $100.00 or multiple thereof, No hearing not to exceed six per cent interest and running from bearing not to exceed six Whereas, the said board of supervisors did on the 14th day of November 1910, canvass the returns of said election on said proposition, and that nine thousand five hundred thirty four (9534) votes were cast on said proposition of which six thousand four hundred thirty four (6434) voted "yes" and three thousand one hundred (3100) voted "no" and, Whereas, following the said canvass of the vote on said proposition, due notice as required by law that said proposition had been duly adopted and was in full force and effect, was published the required length of time in the Davenport Daily Times of Davenport, Iowa; and, Whereas, said petition presented to said board of supervisors was not signed by 200 resident free-holders of Scott county, Iowa, nor did it name a place in said county for its location; and, Whereas, the ninety day notice in a newspaper in said county, and the posting of said notice in each township of said county as required by sec. 1, chapter 26 of the laws of the 33d G. A. was not given, but, Whereas, the voters of Scott county were fully informed on said proposition as it had been thoroughly discussed by all the newspapers in such county and the necessity of such a hospital had been publicly urged at numerous times long prior to said election; and, Whereas, doubts have arisen as to the sufficiency and legality of said petition, and of the sufficiency and legality of the notice of said election: therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Petition, acts, proceedings, election and bonds legalized. That the said petition to said board of supervisors of Scott county, Iowa, the omission to give the ninety days notice in a newspaper and the omission to post a notice in each township of said county, and all the acts and proceedings of said board of supervisors of Scott county, Iowa, concerning the said petition, notice and proposition voted on, and all acts and proceedings of said board of supervisors prior to said election whether herein particularly specified or not had and done with reference to said proposition of the erection and maintenance of said hospital, and the issuance of bonds therefor, are all and each LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 231 of them legalized and validated as fully and completely as though the law had in all things been technically and fully complied with in every respect, and all resolutions passed, and said bonds when issued shall be the valid and binding obligations of said Scott county, Iowa. SEC. 2. Pending litigation. Nothing in this act shall affect pending litigation. . SEC. 3. In effect. This act being deemed of immediate importance shall take effect from and after its publication in the Davenport Democrat and Leader, a newspaper published in Davenport, Iowa, and the Register and Leader, a newspaper published at Des Moines, Iowa, without expense to the state. Approved April 15, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader April 20, 1911, and in the Davenport Democrat and Leader April 21, 1911. W. C. HAYWARD, CHAPTER 231. THE ELECTION HELD IN SCOTT COUNTY NOVEMBER 8, 1910, FOR ERECTION AND MAINTENANCE OF DETENTION HOME. S. F. 257. AN ACT to legame an election of Scott county, Iowa, held November 8,1910, for the erection and maintenance of a detention home for dependent, neglected and delinquent children, the acts and resolutions of the board of supervisors, and authorizing the issuance of bonds therefor. Whereas, at a regular meeting of the board of supervisors of Scott county, Iowa, on October 4, 1910, said board of supervisors adopted the following resolution, all members being present and voting therefor: Resolved: that the following public measure be submitted to the voters at the general election to be held Nov. 8, 1910, and that the county auditor be, and he is hereby instructed to prepare the necessary ballots for the submission of such proposition to the electors of the county: "Shall Scott county erect and maintain a detention home for dependent, neglected and delinquent children at a cost not to exceed fifteen thousand ($15,000.00) dollars, for home and land, and pay for same in bonds of one hundred ($100.00) dollars, or multiple thereof, bearing not to exceed six per cent interest and running from one to ten years?" and, Whereas, at the said general election held on November 8, 1910, the following proposition was placed on the special ballot: Shall the following public measure be adopted? "Shall Scott county erect and maintain a detention home for dependent, neglected and delinquent children at a cost not to exceed fifteen thousand ($15000.00) dollars, for home and land, and pay for same in bonds of one hundred ($100.00) dollars, or multiple thereof, bearing not to exceed six per cent interest and running from one to ten years?" and, Yes No Whereas, the said board of supervisors did on the 14th day of November 1910, canvass the returns of said election on said proposition, and that nine CH. 232] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY thousand three hundred twenty seven (9327) votes were cast on said proposition of which six thousand one hundred eighty five (6185) voted "yes" and three thousand one hundred forty two (3142) voted "no"; and, Whereas, following the said canvass of the vote on said proposition, due notice as required by law that said proposition had been duly adopted and was in full force and effect, was published the required length of time in the Davenport Daily Times, of Davenport, Iowa, and, Whereas, the thirty day notice in a newspaper published in said county, as required by section four hundred twenty three (423) title four (4) chapter two (2) of the supplement to the code, 1907 was not given, but, Whereas, the voters of Scott county were fully informed on said proposition as it had been thoroughly discussed by all the newspapers in such county, and the necessity of such a home had been publicly urged at numerous times long prior to said election; and, Whereas, doubts have arisen as to the legality of said election on account of the failure to give the notice as aforesaid: therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Acts, proceedings, election and bonds legalized. That the failure to give the thirty days notice in a newspaper published in said county, as required by section four hundred twenty three (423) title four (4) chapter two (2), of the supplement to the code, 1907 be declared to be immaterial, · and all the acts and proceedings of said board of supervisors of Scott county, Iowa, concerning said notice and election, and all acts and proceedings of said board of supervisors prior or subsequent to said election whether herein particularly specified or not had and done with reference to said proposition of the erection and maintenance of said detention home, for dependent, neglected and delinquent children, and the issuance of bonds therefor, are all and each of them legalized and validated as fully and completely as though the law had in all things been technically and fully complied with in every respect, and all resolutions passed and said bonds when issued shall be the valid and binding obligations of said Scott county, Iowa. SEC. 2. In effect. This act being deemed of immediate importance shall take effect from and after its publication in the Davenport Daily Times, a newspaper published in Davenport, Iowa, and the Register & Leader, a newspaper published in Des Moines, Iowa, without expense to the state. Approved April 11, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Davenport Daily Times April 13, 1911. W. C. HAYWARD. CHAPTER 232. CERTAIN DEED EXECUTED BY FREMONT COUNTY. S. F. 250. AN ACT to legalize a certain deed executed by Fremont county, and its board of supervisors on the 11th day of November, 1895, conveying to Mary E. McDonald, the west half of the north east quarter and the north west quarter of section two, township 70 north range 43, west of the fifth p. m. in Fremont county, Iowa, and Whereas, a part of Buckingham lake was located on a portion of the west half of the north east quarter and the north west quarter of section two LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 233 township 70, north range 43, west of the fifth p. m. in Fremont county, Iowa, and Whereas, Frank M. Kephart, and his grantors have been in possession of all of said government sub-division for more than thirty (30) years, and have by drains, ditches and embankments reclaimed said lands at great expense and have regularly paid state and county taxes on said lands and have paid large sums for the drainage of the same, and, Whereas, the county of Fremont on the 11th day of November, 1895, conveyed said premises by deed, to Mary E. McDonald, through its board of supervisors, therefore: Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Deed legalized. The certain deed executed by Fremont county, Iowa, and its board of supervisors on the 11th day of November, 1895, and recorded on the 11th day of November 1895, in book 12, at page 275, of the deed records of Fremont county, Iowa, conveying the west half of the north east quarter and the north west quarter of section 2, township 70, north range 43, west of the fifth p. m. in Fremont county, Iowa, to Mary E. McDonald, is hereby declared valid and to pass to the said Mary E. McDonald, her heirs, executors or assigns, all the rights and title and interest of the state of Iowa, in and to said lands as well as the interest of Fremont county, Iowa. SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa, such publication to be without expense to the state. Approved March 17, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital March 20, 1911, and in the Register and Leader March 21, 1911. W. C. HAYWARD, CHAPTER 233. CERTAIN DEED EXECUTED BY IOWA COUNTY. S. F. 485. AN ACT to legalize deed of Iowa county, Iowa, to Ithamar Cheney for lot one as shown by plat recorded at book 21, page 335, land deed records of the office of the recorder of Iowa county, Iowa, the same being the north fifteen acres of the north west quarter of the south west quarter of section twenty-one, township seventy-eight north, range eleven west of the fifth p. m. in Iowa county, Iowa. Whereas, R. B. Foster gave to Martin Ballard as school fund commissioner for Iowa county, Iowa, a certain mortgage dated February 7th, 1854, to secure payment of the principal sum of three hundred thirty and no-100 dollars, with accruing interest thereon, said mortgage conveying the west half of the southwest quarter of section twenty-one, township seventy-eight, north, range eleven west of the fifth p. m. situated in Iowa county, Iowa, which said mortgage was foreclosed and bid in by Iowa county, Iowa, and said land was conveyed to Iowa county, Iowa, by sheriff's deed dated November 21st, 1868, instead of the state of Iowa, as required by law, and Whereas, said county sold a portion of said land to Ithamar Cheney, and conveyed to Ithamar Cheney the land so sold him by warranty deed dated January 4th, 1862, the land so sold and conveyed to said Ithamar Cheney |