the State of Ionra, That an act entitled "an act to amend Old law repeal'd the law in relation to Divorce and Alimony," approved January 24th, 1855, be and the same is hereby repealed. A portion of the SEC. 2. That so much of Chapter eighty-six of the Code of Iowa, as was by said act repealed, be and the Code revised. same is hereby revived, saving and excepting the eigth paragraph of Section 1482 of said Code, in said Chapter eighty-six, which is not hereby revived. tion cause of divorce. SEC. 3. That the fourth paragraph of said Section Two years deser- 1482 be amendended so as to read as follows, to wit :— "When he wilfully deserts his wife and absents himself without a reasonable cause for the space of two years." Approved March 15th, 1858. CHAPTER 65. ALIENS AND THEIR REAL ESTATE. AN ACT respecting Aliens. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all Aliens residing in the United Aliens may ac- States who shall have made a declaration of their intenquire and dispose of property tions to become citizens of the United States, by taking the as citizens. quire property izens. oath required by law, and all Aliens residents of this State shall be capable of acquiring real estate in this State by descent or purchase, and of holding and alienating the same, and shall incur the like duties and liabilities in relation thereto as if they were citizens of the United States. SEC. 2. It shall be lawful for every Alien who except Aliens may ac for his alienage would be cable of acquiring real estate by devise as cit- by devise descent from any person hereafter dying, capable at the time of the death, of holding real estate in this State, to acquire real estate in this State by devise or descent, from any person as aforesaid, hereafter dying, and of holding and alienating the same, and shall incur the like duties and liabilities in relation thereto, as if they were cities of the United States. SEC. 3. It shall be lawful for every Alien who were quire real estate it not for his alienage would be capable of acquiring Aliens may acreal estate by purchase in this State, to purchase by purchase. real estate in this State from any person capable at the time of holding an absolute title to real estate in this State, Provided, that such alien shall in good faith, Must sell it withsell and convey the same within ten years from the date in ten years. of his said purchase, or taking effect of this act, to some person capable at the time of acquiring and holding an absolute title to real estate under the laws of this State, other than by virtue of this section. Provided, further that all such aliens who may have previous to the taking ses affected, effect of this act, acquired any real estate by gift, devise, descent or purchase may hold the same according to the provisions of this act. Previous purcha An alien wife en SEC. 4. Every married woman whose husband hereafter dies, capable at the time of the death of acquiring titled to divorce and holding an absolute title, to real estate in this State, though she be an alien shall be entitled to the same rights of dower in her husband's lands as if she were a resident of this State. SEC. 5. All Aliens who, except for their alienage, would be capable of acquiring personal property as a distributive share of an intestate estate in this State shall be capable of taking the same, and incur the like duties and liabilities in relation thereto as if they were citizens of the United States. SEC. 6. If any person being a citizen of this State at the time of his decease shall have made a will bequeathing his property to a person who at the time of making such bequeath was an alien non-resident, but who subsequently to the making of such bequest, became a resident, such Alien shall be capable in law of becoming a devisee of such property, as well as if he was a resident of this State at the time of making such devise. Alien's may ac quire personal property as cit ens. An alien non resident may ac quire property by devise by be coming a citiz'n SEC. 7. This act shall take effect and be in force. from and after its publication in the Iowa Citizen and Iowa State Journal, Staats Zeitung and National Dem- Take effect. okrat printed at Dubuque Iowa, Der Demokrat at Davenport, Free Press and National Adler Eagle, at Bur lingtion, and the German paper printed at Keokuk Iowa. Approved March 15th, 1858. I hereby certify that the foregoing Act was published in the Iowa Citizen on the 24th old county voted $200,000. CHAPTER 66. LOANS TO A RAILROAD. AN ACT to confirm the division of the rights and liabilities of the County of Webster since its division. SECTION 1. Whereas, The county of Webster did before the late division of said county, vote to subscribe for $200,000 of the capital stock of the Dubuque and Pacific Railroad Company, and issue bonds of said county in payment therefor, and Whereas, the Commissioners appointed by law to divide the property and liabili ties of the counties formed out of said Webster county Com's appor. in its division have apportioned the amount of said stock tion'd loan after and the liability to be incurred therefor, so that Webster county shall be entitled to receive $90,000 of said stock, Hamilton county $90,000 of said stock, and Humboldt county $20,000 of said stock, and each of said counties. to be liable to pay for said stock in proportion to the amount of the same taken by each of said counties.-Now, therefore, division. Be it enacted by the General Assembly of the State of Iowa, That the qualified electors of each of said counties, shall at the ensuing April election, to be held on the first Monday of April, A. D. 1858, have the right to vote at the several places of holding elections in each of mitted to the said counties upon the question of rescinding the vote taken by Webster county before its division, to subscribe for $200,000 of said stock. The division sub people. SEC. 2. The form of the vote shall be "for rescinding" and "against rescinding," and the vote shall be canvassed in each of said counties as all other votes are Form of vote and canvassed at said election. SEC. 3. If a majority of the legal votes cast in any one of said counties be "for rescinding," then said coun canvass. from loan. ty so voting shall be released from any liability to take Counties releas'd the amount so apportioned by said Commissioners, and from all liabilities to issue bonds in payment therefor. Loan must be so vote. SEC. 4. If a majority of the legal votes cast in any one of said counties be "against rescinding," then the county so voting shall be required to take the stock, as apportioned, viz: the counties of Webster and Hamilton made if people each $90,000 of said stock, and the county of Humboldt $20,000 of said stock, according to the terms and conditions of the original proclamation upon which the original vote was taken by the county of Webster before its division, and said apportionment shall be in every respect legal and the bonds issued by any one of said counties so voting shall be legal and valid against said county, according to the true intent and meaning of the Code authorizing the vote taken by Webster county before its division. Special election not published. SEC. 5. In case this Act should fail to be published in the papers hereinafter mentioned ten days before said "ordered if law is April election, then the County Judges of each of said counties shall have authority to order a special election, by giving the notice required by law, and in case no special election shall be held, then said vote shall be taken at the next October election after the passage of this act. SEC. 6. This act to take effect from and after its publication in the Hamilton Freeman and Fort Dodge Sentinel, the counties of Webster and Hamilton to pay expense of said publication. Approved March 15th, 1858. I hereby certify that the foregoing Act was published in the Hamilton Freeman April 1st, 1958, and in the Fort Dodge Sentinel 1558. ELIJAH SELLS, Take effect. CHAPER 67. adopt child. THE ADOPTION OF CHILDREN. AN ACT to authorize and regulate the adoption of children. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, Any person competent to make a will Any person may is authorized in manner hereinafter set forth, to adopt as his own, the minor child of another, conferring thereby upon such child all the rights, privileges and responsibilities which would pertain to the child, if born to the person adopting in lawful wedlock. the parent, or SEC. 2. In order thereto, the consent of both parents, The consent of if living and not divorced or separated, and if divorced or the Mayor, or separated, or if unmarried, then the consent of the parent must be obtain- lawfully having the care, and providing for the wants ed in writing. doption ac recorded in the same manner as deeds. of the child, or if either parent is dead, then the consent of the survivor; or if both parents be dead, or the child shall have been and remains abandoned by them, then the consent of the mayor of the city where the child is living, or if not in a city, then of the county judge of the county where the child is living, shall be given to such adoption, by an instrument in writing, signed by the parties or party consenting, and stating the names of the parents, if known, the name of the child if known, the name of the person adopting such child, and the residence of all if known, and declaring the name by which such child is hereafter to be called and known, and stating also that such child is given to the person adopting for the purpose of adoption as his own child. SEC. 3. Such instrument in writing shall be also Instrument of a- signed by the person adopting, and shall be acknowlknowledg'd and edged by all the parties thereto in the same manner as deeds affecting real estate are required to be acknowl edged, provided that when both parents of the child execute the same, the mother shall be examined apart from her husband, by the officer taking the same, and he shall certify whether or not she executed the same freely and without compulsion or undue influence of her husband, and if not the instrument shall not be valid; |