CH. 287]

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WHEREAS, in many cases decrees have been obtained in this state in cases in which the affidavit required by the above section has been made by the editor of the newspaper in which such original notice has been published; now, therefore,

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

SECTION 1. Affidavit by editor legalized. That in all cases where decrees of court have been obtained prior to January 1st, 1911, in which the proof of the publication of the original notice. has been made by the affidavit of the editor of the newspaper in which such original notice was published, are hereby legalized, and such decrees shall have the same force and effect as though the affidavit of the publisher, or his foreman, of the newspaper in which the original notice was published had been filed as provided by section three thousand five hundred thirty-six (3536) of the code, and that all decrees so obtained as aforesaid are hereby legalized and held to have the same force and effect as though the proof of the publication of the original notice. had been made by the affidavit of the publisher, or his foreman, of the newspaper in which such original notice was published.

SEC. 2. Pending litigation. Nothing in this act contained shall be construed as affecting pending litigation.

SEC. 3. 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 Des Moines Capital, newspapers published at Des Moines, Iowa. Approved April 16 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital April 19, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 287.

MANNER OF COMMENCING ACTIONS AGAINST UNKNOWN DEFENDANTS.

H. F. 558.

AN ACT to repeal section three thousand five hundred thirty-eight (3538) of the code, and to enact a substitute therefor, relative to the bringing of actions against unknown defendants.

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

SECTION 1. Repeal-petition verified-notice. That section three thousand five hundred thirty-eight (3538) of the code be and the same is hereby repealed and the following enacted in lieu thereof:

"Where it is necessary to make an unknown person defendant, the petition shall be sworn to and state the claim of plaintiff with reference to the property involved in the action, that the name and residence of such person is unknown to the plaintiff, and that he has sought diligently to learn the same. The notice thereof shall contain the name of the plaintiff, a description of the property, the claim of the plaintiff thereto, the relief demanded, the name of the court, and the term in which appearance must be made. Such notice must be entitled in the full name of the plaintiff against the unknown claimants of the property and shall be signed by the plaintiff or his attorney." Approved April 18 A. D. 1913.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 288..

NOTICE OF LIS PENDENS.

H. F. 346.

[CH. 289

AN ACT to repeal sections thirty-five hundred forty-three (3543) and to enact a substitute in lieu thereof relative to the filing of a lis pendens.

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

SECTION 1. Repeal-real estate-notice of pending action-indexed by clerk. That section 3543 of the code be and the same is hereby repealed and the following enacted in lieu thereof.

"When a petition affecting real estate is filed, the clerk of the district court where filed shall forthwith index same in an index book to be provided therefor, under the name of the parties plaintiff and defendant, entering a memorandum at each place where indexed, giving the description of the premises involved, the number of the case and the nature of the claim made.

If the petition be amended to include other parties or other lands, same shall be similarly indexed.

When the cause is finally determined the result shall be indicated in said book wherever indexed. When so indexed said action shall be considered pending so as to charge all third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's rights.

If the real property affected be situated in the county where the petition is filed it shall be unnecessary to show in said index lands not situated in said county, and if the description be lengthy the clerk may give same in full in one place and refer thereto at all other places in said index book." Approved April 18 A. D. 1913.

CHAPTER 289.

INSTRUCTIONS TO JURIES BY THE DISTRICT COURT.

H. F. 158.

AN ACT to repeal section three thousand seven hundred and five (3705) of the code, and to enact a substitute in lieu thereof relative to the instructions of the district court.

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

SECTION 1. Repeal. That section three thousand seven hundred and five (3705) of the code be and the same is hereby repealed and the following enacted in lieu thereof:

SEC. 2. Instructions to be in writing. Either party may request instructions to the jury on points of law which shall be given or refused by the court All instructions asked and the charge of the court shall be in writing. SEC. 3. Request for instructions-when and how made-exceptions-when taken-motion for new trial. All requests for instructions must be presented to the judge before the argument to the jury is commenced and before reading his charge to the jury. The judge, before reading his charge to the jury,

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LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

shall present all instructions to counsel on either side, each of whom shall have a reasonable time in which to examine the same. All objections or exceptions thereto must be made before the instructions are read to the jury and must point out the grounds thereof specifically and with reasonable exactness; but upon a showing in a motion for a new trial that an error in such instructions was not discovered by the party claiming the error at the time of trial, such objections or exceptions may be made in the same manner in such motion for a new trial and no other objection or exception to the instructions shall be considered by the supreme court on appeal, except those made as above provided. The objections or exceptions must point out specifically the exact grounds thereof, and no other objections or exceptions shall be considered by the trial court upon motion for a new trial or otherwise, or by the supreme court upon appeal.

SEC. 4. Not retroactive. This act shall not apply to any proceedings had or be given a retroactive effect, save as to actions pending which have not yet been submitted to a jury.

SEC. 5. Acts in conflict repealed. All acts or parts of acts in conflict with the provisions hereof are hereby repealed.

Approved April 17 A. D. 1913.

CHAPTER 290.

JUDGMENT LIENS OF THE DISTRICT OR CIRCUIT COURT OF THE UNITED STATES AND THE SUPREME COURT OF IOWA.

S. F. 124.

AN ACT to amend section three thousand, eight hundred two (3802) of the code relative to the lien of judgments.

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

[SECTION 1.]

Lien of judgments-when attached. That section three thousand, eight hundred two (3802) of the code be, and the same is hereby amended y adding thereto the following:

"The lien of judgments of the district or circuit courts of the United States, and the supreme court of Iowa, shall not attach to any real estate until an attested copy of the judgment is filed in the office of the clerk of the district court of the county in which the land lies."

Approved March 25, A. D. 1913,

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 291.

RESTORATION OF LOST OR DESTROYED RECORDS.

[CH. 291

H. F. 575.

AN ACT to provide for the restoration of lost or destroyed public records.

[Additional

to chapter four (4) of title twenty-one (XXI) of the code relating to quieting title to real estate.]

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

SECTION 1. Action in rem. Whenever the public records in the office of any county official in this state have been or shall hereafter be lost or destroyed in any material part, the said county on relation of said public officer or the owner of any real estate affected thereby, may bring an action in rem in equity in the district court of the state in and for the county in which said real estate is situated against all known and unknown persons, firms or corporations that might have any interest in said real estate affected by said record, to have said lost or destroyed records restored in whole or in part. Any number of parcels of land may be included in the same suit; and whenever said action is brought by the owner, the public official in whose office said lost or destroyed public records are required by law to be kept shall be made a defendant therein.

SEC. 2.

Petition-notice-decree-form. The petition, notice and decree in said action to restore any lost or destroyed records, and all proceedings in said suit, so far as the same relate to unknown defendants, shall conform to the statutes of this state applicable to actions against unknown defendants and unknown claimants; and all known defendants shall be served with notice in the time and manner now provided by law; and whenever said action is brought by the owner of said real estate, all clouds upon said title and defects therein and all adverse claims thereto may be adjudicated in the same suit and title quieted therein. The provisions of section three thousand seven hundred ninety-six (3796) of the code shall be applicable to defendants served with original notice in such action by publication.

SEC. 3. Proof required. No judgment or decree restoring any lost or destroyed record in such action shall be entered by default, but the court must require proof of the facts alleged in reference thereto and the court shall make such finding of facts and decree as may be sustained by the evidence and may order such lost or destroyed record to be prepared by said public official as completely as the circumstances and proof will permit, and said record when so prepared shall be approved by the court and its approval endorsed thereon by the clerk.

SEC. 4. Restored records-how filed. All public records restored as provided by this act shall be filed, bound and indexed the same as original records are required to be, and shall have the same force and effect as the orig inal records before their loss or destruction.

Approved April 2 A. D. 1913.

CH. 292]

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CHAPTER 292.

BOARD OF ARBITRATION FOR SETTLEMENT OF DISPUTES BETWEEN EMPLOYERS AND EMPLOYES.

H. F. 611.

AN ACT authorizing the appointment of a board of arbitration and conciliation for the settlement of disputes betwen employers and employees, providing the powers, duties and compensation of such board and setting forth the manner in which the investigation of disputes shall be made and the publication and recording of the decision and finding of said board and making appropriation therefor. [Additional to chapter fourteen (14) of title twenty-one (XXI) of the code, relating to arbitration.]

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

SECTION 1. Board of arbitration-petition filed with governor. Whenever any dispute arises between any person, firm, corporation, or association of employers and their employees or association of employees, of this state, except employers or employees having trade relations directly or indirectly based upon inter-state trade relations operating through or by state or international boards of conciliation, which has or is likely to cause a strike or lockout, involving ten (10) or more wage earners and the parties thereto are unable to adjust the same, and which does or is likely to interfere with the due and ordinary course of business, or which menaces the public peace, or which jeopardizes the welfare of the community, either or both parties to the dispute, or the mayor of the city, or the chairman of the board of supervisors of the county in which said employment is carried on, or on petition of any twentyfive (25) citizens thereof, over the age of twenty-one (21) years, or the commissioner of the bureau of labor, after investigation, may make written application to the governor for the appointment of a board of arbitration and conciliation, to which board such dispute may be referred under the provisions of this act. Provided, however, the manager of the business of any person, firm, corporation or association of such employers, or any organization representing such employees, or if such employees are not members of any organi zation, then a majority of such employees affected may make the application as provided in this act, but in no case shall more than twenty (20) employees be required to join in such application.

SEC. 2. Arbitrators-how appointed. The governor shall at once upon application made to him as herein provided and upon his being satisfied that the dispute comes within the provisions of section one (1) of this act, notify the parties to the dispute of the application for the appointment of a board of arbitration and conciliation and make request upon each party to the dispute that each of them recommend within three (3) days from the date of notice, the names of five (5) persons who have no direct interest in such dispute and are willing and ready to act as members of the board, and the governor shall appoint from each list submitted one (1) of such persons recommended. Should either of the parties fail or neglect to make any recommendation within the said period, the governor shall, as soon thereafter as possible, appoint a fit person who shall be deemed to be arpointed on the recommendation of either of the said parties. The members of the board so annointed shall within five (5) days of their appointment recommend to the governor the name of one (1) person who is ready and willing to act as a third member of the board, and upon failure or neglect upon their part to make such recommendation