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LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 257

SEC. 3. Collection of tax-limitation. Boards of school directors in such districts shall fix and certify to the board of supervisors on or before the first Monday of September the amount of money required for the next fiscal year for the support of the aforementioned activities, in the same manner as the amount of necessary taxes for other school purposes is certified and said board of supervisors shall levy and collect a tax upon all the property subject to taxation in said school district at the same time and in the same manner as other taxes are levied and collected by law which shall be equal to the amount of money so required for such purposes by the said board of school directors as provided in this act; provided that the tax so levied upon each dollar of the assessed valuation of all property, real and personal in said district, subject to taxation, shall not in any one year exceed two (2) mills for the purpose of the activities herein before mentioned in this act; the said tax shall not be used or appropriated directly or indirectly for any other purpose than proIvided in this act.

SEC. 4. Money-how expended. All monies [moneys] received by, or raised in such city for the aforementioned purpose shall be paid over to the treasurer of the school district, to be disbursed by him on orders of such board of school directors in such district in the same manner as other funds of said school district are disbursed by him, but the tax provided for in this act shall not be levied or collected nor shall the board of school directors, as provided in this act, have authority to certify the amount of taxes necessary for this purpose until after the question of the levy of such tax shall have been authorized by a majority vote at a regular or special election.

SEC. 5. Discontinuance of levy. After the question of the levy of such special tax has been submitted to and approved by the voters as provided in this act, the authority shall remain, and such tax shall be levied and collected annually until such time as the voters of the school district of such city shall by majority vote order the discontinuance of the levy and collection of such tax.

SEC. 6. Discontinuing levy-question submitted. The board of school directors in any district governed by this act, may, and on petition to that ef fect signed by legally qualified voters aggregating not less than twenty five (25) per cent of the number voting at the last preceding school election, shall submit to the electors of such school district the question of discontinuing the levying of such tax as may have been previously authorized under the provisions of this act, and if a majority of the votes cast upon such proposition be in favor thereof, then the levying of such tax shall be discontinued and shall not be resumed unless again authorized under the provisions of section two (2) of this act.

SEC. 7. Appropriation by city council. The board of school directors in any district governed by this act. is also empowered to receive and expend for the purpose of this act, any sums of money appropriated and turned over to them by the city council or commissioners of such city for such purposes; and the city council or commissioners of such city. shall have authority to appropriate and turn over to the board of school directors of the school district containing or contained in such city, any reasonable sums of money which the said council or commissioners may desire to appropriate out of the general funds of such city and turn over to the said board of school directors for the purposes herein set forth.

Approved April 2 A. D. 1913.

CH. 260]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 258.

SCHOOL FUNDS.

H. F. 6.

AN ACT to amend section twenty-eight hundred forty-nine (2849) of the supplement to the code, 1907, relative to school loans.

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

SECTION 1. Loans. That section twenty-eight hundred forty-nine (2849) of the supplement to the code, 1907, be and the same is hereby amended by striking out the word "three" in the third line thereof and inserting in lieu thereof the word "five".

Approved March 17th, 1913.

CHAPTER 259.

LIBRARY COMMISSION.

Sub. for S. F. 393.

AN ACT to amend section two (2) of chapter one hundred and ninety (190), laws of the thirty-third (33rd) general assembly relative to the library commission and traveling library.

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

SECTION 1. Expenses-appropriation. That section 2 of chapter 190, acts of the 33 G. A., be, and the same is hereby amended by striking therefrom the words and figures "six thousand dollars ($6,000.00)", and that the words and figures "seven thousand six hundred dollars ($7.600.00)" be, and the same is hereby inserted in lieu thereof.

Approved April 11 A. D. 1913.

CHAPTER 260.

LEASING OF STATE LANDS.

S. F. 547.

AN ACT amending the law as it appears in section twenty-nine hundred-a twenty-three (2900-a23) of the supplement to the code, 1907, authorizing the executive council to lease lands belonging to the state of Iowa.

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

SECTION 1. Executive council-power to sell-convey-lease-state lands. That the law as it appears in section twenty-nine hundred-a twenty-three (2900-a23) of the supplement to the code, 1907, is amended by adding to the end of said section the following words:

Any land owned by the state of Iowa within the high water lines of any non-navigable stream or lake and also any lands within the bed of any lake bed authorized to be drained under the provisions of this chapter may be leased by the executive council in its discretion, until otherwise disposed of, the rental to be paid into the general funds of the state.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 261

SEC. 2. In effect. This act being considered of immediate importance shall take effect and be in full force from and after its publication in the Register and Leader and Des Moines Capital, papers published at Des Moines, Iowa.

Approved April 18 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital April 25, 1913.

CHAPTER 261.

CONVEYANCE OF REAL ESTATE.

S. F. 240.

W. S. ALLEN, Secretary of State.

AN ACT to legalize deeds and instruments of conveyance, tax deeds, sheriff's deeds, deeds of administrators, executors, and guardians, and all other conveyances made and recorded prior to the first day of January A. D. 1890, additional to chapter six (6), title fourteen (14) of the code, relating to the conveyance of real estate.

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

SECTION 1. Conveyances prior to January, 1890, legalized. That any deed of conveyance, or other instrument purporting to convey real estate within the state of Iowa, where such deed or instrument has been recorded in the office of the recorder of any county, wherein such real estate is situated, and which said deed or instrument was executed by a county treasurer under a tax sale, a sheriff under execution sale, or by a resident or foreign executor, administrator, referee, receiver, trustee, guardian, commissioner, individual, co-partnership association or corporation, and was executed and recorded prior to the first day of January A. D. 1890, and where the grantee or grantees, named in such deed, or conveyance, or other instrument, his, her, their or its grantees, heirs or devisees, by direct line of title or conveyance have been in the actual, open adverse possession of such premises since said date, be and the same is hereby legalized, declared valid, legal, and binding, and of full force and effect, notwithstanding any defects in the execution of said. deed or instrument.

SEC. 2. Pending litigation. This act shall not affect the rights of the parties in any action or suit now pending in any court of this state, or instituted or commenced on or before the 1st day of September, 1913, nor be applied to or affect any conveyance that has heretofore been passed upon by any court of this state and determined insufficient or invalid.

In effect. This act being deemed of immediate importance shall take effect and be in full force and effect from and after its publication in the Register and Leader, and Des Moines Capital, newspapers published in the city of Des Moines, Iowa.

Approved April 8 A. D. 1913

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital April 14, 1913.

W. S. ALLEN, Secretary of State.

CH. 263]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 262.

TRANSCRIPTS FROM RECORDER'S OFFICE AFFECTING REAL ESTATE.

H. F. 179.

AN ACT authorizing the recording of transcripts from recorder's office of instruments affecting real estate. [Additional to chapter 6, title 14 of the code relating to conveyances of real estate.]

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

SECTION 1. Transcripts same effect as original instrument. Any person interested therein may procure from any recorder in this state a transcript of any instrument affecting real estate which is of record in his office. Such transcript shall be certified by the recorder, and the clerk of the district court shall certify under the seal of his office to the signature of such recorder and that he is such officer. A transcript of the record of any instrument affecting real estate, certified as herein provided, shall be entitled to record in the office of the recorder of any other county in this state in which is situated any of the real estate affected by such instrument. The effect of the recording of such transcript shall be the same as the recording of the original instrument.

Approved February 6th, 1913.

CHAPTER 263.

PLATTING AND TRANSFERRING OF REAL ESTATE.

Sub. for S. F. 325.

AN ACT to repeal section two thousand nine hundred thirty (2930), supplement to the code, 1907, relating to the platting and transferring of real estate.

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

SECTION 1. Entries of transfers-transcripts. That section two thousand nine hundred thirty (2930), supplement to the code, 1907, be and the same is hereby repealed and that the following is enacted in lieu thereof:

Whenever a deed of unconditional conveyance of real estate or transcript as provided in section four thousand two hundred fifty-nine (4259) of the supplement to the code, 1907 is presented, the auditor shall enter in the index book, in alphabetical order, the name of the grantee, and opposite thereto the number of the page of the transfer book on which such transfer is made; and upon the transfer book he shall enter in the proper columns the name of the grantee, the grantor, date and character of the instrument, the description of the real estate, and the number or letter of the plat on which the same is marked; provided, however, no conveyances or plats of additions to any city or town or subdivisions of any part or parcels of lands lying within or adjacent to any city or town in which streets and alleys and other public grounds are sought to be dedicated to public use or other conveyances in which streets and alleys are sought to be conveyed to such city or town shall be so entered, unless such conveyances, plats or other instruments have endorsed thereon the approval of the council of such city or town. The certificate of such approval to be made by the city clerk.

Approved April 18 A. D. 1913.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 265

CHAPTER 264.

LEGALIZING RELEASE AND SATISFACTION OF MORTGAGES.

Sub. for S. F. 81.

AN ACT to legalize releases and satisfactions of mortgages and trust deeds. [Additional to chapter six (6) of title fourteen (XIV) of the code relating to conveyance of real estate.]

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

SECTION 1. Releases filed prior to January 1, 1902-legalized. That any release or satisfaction of any mortgage or trust deed or of any instrument in writing creating a lien upon real estate where such release or satisfaction has been recorded in the recorder's office of the county in this state, or upon the margin of the record where such original instrument was recorded and which release or satisfaction was made by any individual, association, co-partnership, assignee, corporation or by a resident or foreign executor, administrator, referee, receiver, trustee, guardian or commissioner and which release or satisfaction was executed, filed and recorded prior to January first, 1902, be and the same is hereby legalized, declared valid, legal and binding and of full force and effect, any defects in the execution, acknowledgement, [acknowledgment] recording, filing or otherwise of such releases or satisfactions to the contrary notwithstanding.

SEC. 2. Pending litigation. This act shall not affect the rights of parties in any action or suit now pending in any court in this state, nor be applied to or affect any release or satisfaction that has heretofore been passed upon by any court of this state and determined unauthorized, insufficient or invalid. SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in full force and effect from and after its publication in the Register and Leader and Des Moines Capital, newspapers published in the city of Des Moines, Iowa.

Approved February 19th A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader February 24, 1913 and in the Des Moines Capital February 22, 1913.

W. S. ALLEN. Secretary of State.

CHAPTER 265.

LEGALIZING CERTAIN CONVEYANCES AFFECTING REAL ESTATE.

H. F. 408.

AN ACT to legalize certain conveyances and other instruments of writing affecting real estate. [Additional to chapter six (6) of title fourteen (XIV) of the code relating to conveyance of real estate.]

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

SECTION 1. Instruments affecting title pricr to January 1, 1890-legalized. That all instruments in writing affecting the title to real estate located within the state of Iowa which have been on record since prior to the first day of January, A. D. eighteen hundred ninety (1890) in the county where the real estate is located, and the possession of said real estate since said date has rested in the grantee thereunder, or parties claiming by, through or under

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