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LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 267

WHEREAS, said council provided for and caused the publication of said ordinances in book form, known and designated as "revised ordinances of the town of Williamsburg, Iowa, A. D. 1910," and also caused to be published in book form and incorporated and bound in the same volume as the said revised ordinances of said town certain ordinances designated as "old ordinances" and numbered ordinance No. 36, ordinance No. 37, ordinance No. 38, ordinance No. 43 and ordinance No. 18 of the original ordinances of the town of Williamsburg, Iowa, and

WHEREAS, said ordinances were published in manner and form provided by law, but some doubt has risen as to whether the publication thereof was made within the time fixed by law, therefore

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Ordinances legalized-pending litigation. That the said town ordinances of the town of Williamsburg, Iowa, designated as chapters one to seventy-seven, both inclusive, duly adopted and approved September 29th, 1910, and published in book form and designated and known as "revised ordinances of the town of Williamsburg, Iowa, A. D. 1910", including certain other ordinances of said town of Williamsburg, Iowa, incorporated in said book of revised ordinances designated as "old ordinances" and numbered 36, 37, 38, 43 and 18, be, and hereby are, each and all fully legalized and declared valid and of the same force and effect as if they had in all respects been adopted, approved and published in the manner, form and time provided by law, and as if the law in all respects had been fully complied with; provided, however, that this act shall not affect pending litigation.

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 Williamsburg Journal-Tribune, newspapers published at Des Moines, Iowa, and Williamsburg, Iowa, respectively; said publication to be without expense to the state.

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I hereby certify that the foregoing act was published in the Register and Leader and the Williamsburg Journal-Tribune, April 20, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 267.

THE TOWN OF WYOMING.

S. F. 469.

AN ACT to legalize the action of the town council of the town of Wyoming, Iowa, in the issuance of bonds and refunding bonds for the building of a town hall, and all ordinances pertaining thereto.

WHEREAS, the electors of the town of Wyoming, Iowa, at a regular election held on March 3, 1890, by a vote of one hundred and twenty-two (122) in favor, to seventeen (17) against, authorized the town council to issue bonds in the sum of three thousand dollars ($3,000) for the purpose of building a town hall; and,

WHEREAS, the town council of the said town of Wyoming, at a special meeting held on August 28, 1890, passed an ordinance being ordinance No. forty-four (44) entitled "an ordinance appropriating three thousand dollars ($3,000) to

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ward the building of a town hall and providing for the issuing of bonds in said amount"; and,

WHEREAS, in pursuance of the authority granted by a vote of the people, and in pursuance of the provisions of the said ordinance No. forty-four (44) the town council of the said town of Wyoming did issue bonds in the sum of three thousand dollars ($3,000); and,

WHEREAS, the said town of Wyoming, with the money so raised, did build a town hall and use the same for a town hall and,

WHEREAS, at the expiration of ten years when said bonds became due, the same were refunded and new bonds were issued, and the same are now due, and were purchased and are now held and owned by bona fide purchasers; and, WHEREAS, the town council and the people of Wyoming, Iowa, have at all times acted in good faith in said matter and with the full belief that said bonds were in all respects legal and a valid obligation; and,

WHEREAS, doubts have arisen as to the legality of said bonds and of the legal authority of the people and the council of the town of Wyoming to issue bonds for the purpose of building a town hall; and,

WHEREAS, doubts have arisen as to the validity of said ordinance No. fortyfour (44) for the reason that said ordinance was passed at a special meeting and that an insufficient number of votes were cast in favor of the suspension of the rules and the adoption of the ordinance; now, therefore,

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Bonds and ordinance legalized. That the said bonds issued by the town of Wyoming, Iowa, for the purpose of building a town hall, and the refunding bonds thereof, and the said ordinance No. forty-four (44) of said. town, are hereby legalized and made valid, and the same shall be of the same force and effect as though there had been legal authority for the issue of the bonds for the purpose contemplated, and as though the said ordinance No. forty-four (44) had been passed by the required number of votes by the council thereof. This act shall not affect pending litigation.

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 Wyoming Journal, a newspaper published in the town of Wyoming, Iowa, and the Des Moines Capital, newspaper published in Des Moines, Iowa, both publications to be without expense to the state.

Approved April 10, A. D. 1911.

I hereby certify that the foregoing act was published in the Des Moines Capital April 12, 1911, and in the Wyoming Journal April 20, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 268.

ACTS OF THE BOONE COUNTY AGRICULTURAL SOCIETY.

H. F. 375.

AN ACT legalizing the acts of the stockholders and officers of the Boone county agricultural society, of Boone county, Iowa, relating to the transaction of business under its former articles of incorporation and amendments thereto and its reincorporation.

WHEREAS, the Boone county agricultural society, of Boone county, Iowa, organized for agricultural and horticultural purposes, adopted original articles

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

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of incorporation on the 8th day of June, 1878, which provided for the corporate term of twenty-five years; which said articles were amended, and amendments thereto adopted March 10, 1888, without any change as to the length of corporate existence, and,

WHEREAS, by provisions of section 1644 of the code of Iowa of 1897, such corporations were given duration without limit. And,

WHEREAS, said association has conducted the business for which it was organized, and elected its officers under the original articles of incorporaton and said amendments thereto, in all things as though said term of twentyfive years had not expired. And,

WHEREAS, said association has proceeded to and has now reincorporated itself under the provisions of section 1650 of the code of Iowa of 1897, by action of its stockholders at a special meeting called for the purpose, and held on the 11th day of February, 1911, and the acting president and secretary of said society authorized to execute its articles of reincorporation on behalf of said society, with all the property and rights of the original incorporation, and of the stockholders therein vested in said corporation as reincorporated, and,

WHEREAS, doubts have arisen as to the right of said corporation to do business as aforesaid, and to re-incorporate itself as it has done, by reason of the lapse of twenty-five years from the date of the original incorporation, and the uncertainty of the provisions of said section 1644 of the code of Iowa of 1897, giving to them further extension of corporate existence, and,

WHEREAS, all the acts of said corporation, including reincorporation thereof, have been in good faith, therefore,

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Acts and reincorporation legalized-pending litigation. That all acts done by the said Boone county agricultural society under its original articles.of incorporation and the amendments thereto, and that the re-incorporation thereof are hereby legalized and declared valid and binding. This act shall not in any way affect pending litigation.

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 Des Moines Capital, a newspaper published at Des Moines, Iowa, and in the Ogden Reporter, a newspaper published at Ogden, Iowa, said publication to be without expense to the state.

Approved March 16, A. D. 1911.

I hereby certify that the foregoing act was published in the Des Moines Capital March 18, 1911, and in the Ogden Reporter March 23, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 269.

ACTS OF THE TREASURER OF MONROE COUNTY.

S. F. 382.

AN ACT to legalize the acts of the treasurer of Monroe county, Iowa, relating to the transferring of funds from the district school fund to the county fund.

WHEREAS, heretofore and prior to the first day of January, 1909, there was in the hands of the treasurer of Monroe county, Iowa, the sum of three

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thousand eight hundred and fifty-nine dollars and ninety-seven cents ($3,859.97). moneys held by the treasurer as district school funds which accumulated from time to time in small amounts collected by the treasurer of Monroe county, Iowa, prior to the first day of January, 1909. That said amount had been collected in small amounts at various times ranging over a period of twenty (20) years or more and that it was impossible for the treasurer of Monroe county, Iowa, to determine the particular district or districts to which said fund belonged, or the persons from whom the same was collected, except upon the theory that it was small payments of interest and penalties at different times ranging over a period of twenty (20) years; and,

WHEREAS, the treasurer of Monroe county, Iowa, in the year 1911, transferred said school fund consisting of three thousand eight hundred fifty-nine dollars and ninety-seven cents ($3859.97), to the county fund, the treasurer of Monroe county, Iowa, being unable to determine what particular district or districts, if any, were entitled thereto; therefore,

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Acts legalized. That the acts of the treasurer of Monroe county, Iowa, be and the same are hereby legalized relating to the acts of the said treasurer in transferring said amount, to-wit: three thousand eight hundred fifty-nine dollars and ninety-seven cents ($3859.97), from the school fund collected as aforesaid, to the county fund.

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.

Approved April 10, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 12, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 270.

CERTAIN CONVEYANCE MADE BY HEZEKIAH BEECHER.

S. F. 73.

AN ACT legalizing a certain conveyance which was made by Hezekiah Beecher, commissioner, to Robert M. Henderson, trustee, dated June 30th, 1867, filed for record in the office of the recorder of Pocahontas county, Iowa, on September 13th, 1867 and recorded in land deed record "C" beginning at page No. 3 thereof, together with the acts of the said Hezekiah Beecher as such commissioner in making said conveyance. WHEREAS:-on the 3d day of June A. D. 1867, a decree was entered in an action then pending in the district court of Iowa in and for Pocahontas county, entitled Carlisle Deposit Bank vs. Joseph A. Stewart et al, which decree is recorded in book "A" of the records of said court beginning at page 31 thereof, and

WHEREAS:-in said decree Hezekiah Beecher was appointed a commissioner for the purpose of carrying out said decree, and conveying the lands therein described to Robert M. Henderson to hold as trustee for the said Carlisle Deposit Bank, and

WHEREAS:-the said Hezekiah Beecher, as such commissioner made his deed for the purpose of conveying the said lands to the said Robert M.

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Henderson as trustee aforesaid, which deed was dated June 30th, 1867, was filed for record in the office of the recorder of Pocahontas county, Iowa, on the 13th day of September, 1867, and was recorded in book "C" of the land. deed records of said county beginning at page No. 3, and

WHEREAS:-the said commissioner failed to have said conveyance approved by the said court and its approval endorsed thereon and recorded therewith, and

WHEREAS:-doubts have arisen as to the force, validity, and effect of the said conveyance.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Conveyance and acts legalized. That the said conveyance made by the said Hezekiah Beecher as such commissioner for the purpose of conveying the said lands therein described to the said Robert M. Henderson as such trustee, which conveyance was dated June 30th, 1867, was filed for record in the office of the recorder of Pocahontas county, Iowa, on September 13th, 1867, and was recorded in book "C" of the land deed records of said county, beginning at page No. 3; and all acts of the said Hezekiah Beecher, as such commissioner relating to the making, delivery, and recording of such conveyance, be and they are hereby legalized, cured, validated, and established and the said conveyance shall be held to have conveyed the title to ŝaid real estate therein described to the said Robert M. Henderson as trustee with the same force and effect as if the said conveyance had been approved by the said district court of Iowa in and for Pocahontas county, and its approval endorsed thereon and recorded therewith.

Approved March 23, A. D. 1911.

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