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CHAPTER 41.

LEGALIZING-INDEPENDENT SCHOOL DISTRICT OF NEVINVILLE.

AN ACT to Legalize the Formation of the Independent School Dis- H. F. 262. trict of Nevinville Adams County Iowa and to Legalize the Acts of the Board of Directors and Other Officers Thereof.

WHEREAS, At an election held in the village of Nevin Adams county Iowa on April 22d 1882 it was decided to organize the village of Nevin and certain contiguous territory into an independent school district to be known as the Independent District of Nevin, and composed of sections one, two, eleven and twelve in Colony township in said county of Adams; a board of three directors subsequently elected: and acts performed which by law devolved upon the electors and directors of independent school districts down to the present time, including the proper division of the school property, assets and liabilities of the original district township of Colony, all of which was and still is acquiesced in by the now remaining disdistrict township of Colony; and

WHEREAS, Doubts have arisen as to the legality of said independent organization, and other proceedings in the matter because of the belief that the proposed independent school district did not then contain a population of two hundred inhabitants; therefore,

Preamble.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the organization of the independent school Legalizing district of Nevin Adams county Iowa; the election of directors clause. and the official acts of said directors be and the same are hereby legalized and made valid, the same as though said independent school district was organized in strict conformity with all the requirements of law.

SEC. 2. This act being deemed of immediate importance shall be in force from and after its publication in Iowa State Leader and Adams County Free Press, papers published in Des Moines Iowa and Corning Adams county Iowa respectively, without expense to the State.

Approved, March 20, 1884.

I hereby certify that the foregoing act was published in the Iowa State Leader April 17, and in the Adams County Free Press March 28, 1884.

J. A. T. HULL, Secretary of State.

Publication.

H. F. 3.

Preamble.

Legalizing clause.

Publication.

CHAPTER 42.

LEGALIZING JAMES E. BENNETT, J. P.

AN ACT to Legalize the Acts of James E. Bennett, a Justice of the
Peace in and for Jamestown Township, Howard County, Iowa.

WHEREAS, James E. Bennett, was duly elected on the 9th day of October, 1883, to the office of justice of the peace, in and for Jamestown township, Howard county, Iowa; and

WHEREAS, Said James E. Bennett executed a bond, and qualified according to law; and filed said bond with the county auditor on Nov. 26th 1883; and

WHEREAS, Said bond was not approved and recorded as the law requires, until the annual meeting of the county board in January 1884; and,

WHEREAS, The said James E. Bennett, performed certain official acts prior to the approval of said bond, the legality of which acts are questioned; therefore,

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the official acts of said James E. Bennett, justice of the peace aforesaid, performed and done prior to the approval of said bond, are hereby legalized and made valid as if performed subsequent to the approval of said bond.

SEC. 2. This act shall take effect and be in force, from and
after its publication in the Iowa State Register and Howard
County Times without expense to the State.
Approved, March 20, 1884.

I hereby certify that the foregoing act was published in the Howard
County Times April 3, 1884.
J. A. T. HULL, Secretary of State.

CHAPTER 43.

LEGALIZING-BOARD OF SUPERVISORS APPANOOSE COUNTY.

AN ACT to Legalize Certain Errors and Omissions of the Board of S. F. 367. Supervisors of Appanoose County, Iowa.

WHEREAS, The board of supervisors of Appanoose county Preamble. did make an error in fixing the legal amount of levy for county revenue purposes, whereby the general fund levy and poor levy when consolidated are in excess allowed by law of 2 2-10 of one mill and not discovered until about two thirds of said taxes had been collected and disbursed by the county treasurer, said levy having been made at the regular time of tax levy in September, 1883, therefore,

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

SECTION 1. That the levy made by the board of supervisors Legalizing of Appanoose county, Iowa, at the meeting thereof September clause. 1883, whereby certain general and special levies when consolidated are in excess of the amount allowed by law, that said error and irregularity and excess aforesaid be and the same is hereby legalized and that the said levy shall have the same force and effect as if no error, irregularity nor excess had occurred therein.

SEC. 2. This act being deemed of immediate importance the Publication. same shall be in force and full effect from and after its publication in the Iowa State Register, and the Centerville Citizen, newspapers published in Des Moines and at Centerville, Iowa, without expense to the State.

Approved, March 20, 1884.

I hereby certify that the foregoing act was published in the Centerville Citizen April 2, 1884. J. A. T. HULL, Secretary of State.

H. F. 243.

Preamble.

Legalizing clause.

CHAPTER 44.

LEGALIZING-D. B. HARMON, NOTARY PUBLIC.

AN ACT to Legalize the Official Acts of D. B. Harmon a Notary
Public in and for Clay County, Iowa.

WHEREAS, The commission of D. B. Harmon a notary public in and for Clay county, Iowa, expired on the 4th day of July 1882 and the renewal of said commission is dated August 31st 1882 during which time he performed certain official acts as notary public; therefore,

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

SECTION 1. That all the official acts of said D. B. Harmon, by him performed as a notary public after July 4th, 1882 and before the date of his qualification as such notary public, under his commission dated August 31st 1882 be and the same are hereby legalized, and made valid to the same extent as though he had been legally qualified.

Approved, March 20, 1884.

S. F. 30.

Levy of attachment.

Notice that property belongs to another.

Protection of officer.

Notice to plaintiff.

CHAPTER 45.

SHERIFFS' INDEMNITY.

AN ACT to Indemnify Sheriffs in the Service of Writs of Attachment. Amendatory of Code, Chapter 1, Title XVIII.

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

SECTION 1. An officer is bound to levy an attachment on any personal property in the possession of, or that he has reason to believe belongs to, the defendant, or on which the plaintiff directs him to levy. But if after such levy he shall receive notice in writing under oath from some other person, his agent or attorney, that such property belongs to him, and stating the nature of his interest and the facts showing how he acquired such interest and for what consideration, such officer may release the property unless a bond is given as provided in the next section. But such officer shall be protected from all liability by reason of such levy until he receives such written notice.

SEC. 2. When the officer receives such notice, he may forth

with give the plaintiff, his agent or attorney, notice that an indemnifying bond is required. Bond may thereupon be given Indemnifying by or for the plaintiff, with one or more sureties, to be approved bond. by the officer to the effect that the obligors will protect and indemnify him against the damages which he may sustain in consequence of the seizure and sale, and warrant to any purchaser of the property such estate or interest therein as is sold, and thereupon the officer shall proceed to subject the property Proceedings to the attachment, and shall return the bond aforesaid to the where bond is district or circuit court of the county in which the levy is made. given. SEC. 3. If such bond is not given, the officer holding the Proceedings attachment may, within a reasonable time after demand being where bond is made by said officer, restore the property to the person from not given. whose possession it was taken, and the levy shall stand discharged.

tachments is

SEC. 4. The provisions of the foregoing sections shall apply Applies to atto attachments issued by justices of the peace, and such bonds sued by J. P.'s. shall be returned to the justice issuing said writ.

SEC. 5. All acts and parts of acts in conflict with this act Repealing are hereby repealed.

Approved, March 22, 1884.

clause.

CHAPTER 46.

LEGALIZING--WM. ORSBORN, J. P.

AN ACT to Legalize the Official Acts of William Orsborn as a Justice H. F. 448. of the Peace in Union Township Adair County Iowa.

WHEREAS, William Orsborn was, in the year A. D. 1881 duly Preamble. appointed a justice of the peace in Union township, in Adair county Iowa, and entered upon the discharge of the duties of such office, and,

WHEREAS, there was no special election held to fill said office and no justice of the peace elected for said office at the next general election following the appointment of the said William Örsborn, and,

WHEREAS, the said William Orsborn continued to act as such justice of the peace after said general election and until in September A. D. 1882, therefore,

clause.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all the official acts of the said William Legalizing Orsborn, by him performed after his appointment as such justice of the peace, be and the same is hereby legalized and made valid to the same extent and for all purposes as though the

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