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determined by the Attorney General, and certified by his endorsement in writing thereon; then the said Commissioners shall assign, without recourse to the State in any event whatever, the several notes and mortgages Without regiven by the said parties for the said sums borrowed as aforesaid, to S. V. White, or such other person as the s. V. White. several parties may in writing request, for the use of the several parties interested therein: Provided, That

course.

the mortgage executed by W. A. Scott and Louisa Scott, W. A. & L. dated June 27th, 1856, to said James D. Eads, Super- Scott. intendent of Public Instruction, to secure the payment of eight thousand three hundred dollars, filed for record December 8th, 1856, and recorded in book "B," pages 205 and 206, together with the note of even date with said mortgage, and referred to therein, as made by W. A. Scott and James A. Williamson, for the said sum of eight thousand three hundred dollars; and the mort-liamson. gage executed by J. D. Cavenor, dated July 1st, 1856, to said Superintendent of Public Instruction, to secure J. D. Cav'nor the payment of four thousand one hundred and twentyfive dollars, filed for record and recorded June 16th, 1857, in book "G," page 460, together with the note of even date with said mortgage, and referred to therein

Scott & Wil

as made by J. D. Cavenor and J. M. Griffiths, for the J. M. Griffiths sum of four thousand one hundred and twenty-five dollars; and also the mortgage executed by Alexander Shaw, dated June 27th, 1856, to said James D. Eads, Superintendent of Public Instruction, to secure the payment of three thousand dollars, filed for record December 8th, 1856, and recorded in book "B," pages 195-6, together with the note of even date with said mortgage,

and referred to therein as made by Alexander Shaw A. Shaw-J. and John W. Stanton, for the said sum of three thou- W. Stanton. sand dollars, shall not be assigned by said Commissioners, but the same shall remain the property of the State; and said Commissioners shall cause each of said mortgages, respectively, to be foreclosed by suit in the name and for the use of the State.

Provided further, however, that the sale of block 4, Scott's Add. in W. A. Scott's Addition to Des Moines upon special execution issued upon judgment of foreclosure of the said mortgage and note executed by said W. A. Scott, shall operate as a release and satisfaction of the claims of the State to said note and mortgage or judgment rendered thereon, so far as the State is concerned; but such release by the State shall not in any manner be construed to operate as a satisfaction of the said note and mortgage or judgment rendered thereon, so as to

Lands.

Full release.

Comm'r to assign.

Foreclose mortgage.

prevent the collection and enforcement of the same by the person or persons to whom assigned by the Commissioners as hereinafter provided; and provided also, that the sale of the South-west quarter of Section No. 4, and the South-west quarter and south half of the North-west quarter of Section No. 15, and the West fractional half of Section No. 7, and the North fractional half of the North-west quarter of Section No. 18, and the West half of North-east quarter of Section No. 30, all in township No. 77, North of Range 25 West, in Warren County and State of Iowa, containing nine hundred and fifteen and 75-100 acres, upon special execution issued upon judgment of foreclosure of the said mortgage executed by the said J. D. Cavernor, shall operate as a full release and satisfaction of the claim of the State to said mortgage and note therein secured, or to any judgment rendered thereon; and provided also, that the sale of the North half of the South-west quarter of Section twenty-six, township 80, North of range 24, west, containing eighty acres, upon special execution issued upon judgment of foreclosure of said mortgage executed by the said Alexander Shaw, shall operate as a release and satisfaction of the claim of the State to said mortgage and note therein secured, or judgment rendered thereon, so far as the State is concerned; but such release by the State shall not in any manner be construed to operate as a satisfaction of the said note and mortgage or judgment rendered thereon, so as to prevent the collection and enforcement of the same by the person or persons to whom assigned by the said Commissioners as hereinafter provided; and after such foreclosure and sales the remaining interest of the State in said notes and mortgages respectively and to the judgments rendered thereon, shall be assigned by said Commissioners as hereinbefore provided, and such assignment shall fully convey to such person or persons to whom assigned the said notes, mortgages and judg ments rendered thereon, and the same shall be held by the party or parties to whom assigned as unsatisfied subsisting claims and liens and may by them and each of them be held and enforced as such.

SEC. 5. The Attorney General is hereby authorized and directed to bid in for and in the name of the State of Iowa, at the said foreclosure sales, the said mortgaged premises particularly described in section 4 of this Act, and make return of the numbers and description thereof, to the Register of the State Land office.

SEC. 6. Whenever it becomes necessary for the

School Fund.

said commissioners to foreclose a mortgage or mort- Com'r to purgages, they are hereby authorized to purchase the prop- chase when erty held by said mortgages in the name of the State to interest of for the use of the School fund. If they deem it best for the interest of the State and the School Fund, any lands or town property so purchased, shall be subject to sale by the county officers of the county in which it is located, under the provisions of chapter 148, sections eleven and twelve, of the Acts of 1862, approved April 8th, 1862, and said commissioners are hereby authorized to use so much of the money belonging to the School Fund as they may deem necessary for the purpose of paying off prior liens and mortgages, whenever they shall deem it necessary for the interest of the State and of the School Fund.

SEC. 7. It is hereby made the duty of the District Dist. Att'y. Attorneys of the different Judicial Districts of this State to aid and assist in carrying out the provisions of this Act, when required to do so by the aforesaid commissioners.

SEC. 8. All moneys which shall come into the hands Money to be of the Commissioners by virtue of this Act shall be by paid School them paid over to the Treasurer of State, and by him Fund. placed to the credit of the permanent School Fund.

SEC. 9. This Act being deemed of immediate im- Take effect. portance, shall take effect and be in force from and after its publication in the Daily State Register and Iowa Statesman, papers published at Des Moines. Approved March 28th, 1864.

I hereby certify that the foregoing Act was published in the Daily State Register April 14th, 1864, and in the Daily Iowa Statesman April 16th, 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 95.

CHANGE NAME OF COUNTY.

AN ACT authorizing Counties to change their names.

SECTION 1. Be it enacted by the General Assembly One-fifth of of the State of Iowa, That whenever the Board of Su- voters. pervisors of any county shall at any regular session be presented with a petition signed by one-fifth of the

legal voters of their county, praying for a change in Board shall the name of said county, the Supervisors shall submit the question to the people of their county at the next general election.

submit.

To be decid'd by vote.

Take effect.

SEC. 2. The Supervisors shall select the name to be voted upon as a substitute for the original name of their county, and the manner and effect of such submission to the people shall be as provided for in Chapter 22 of the Revision of 1860, for the submission of other questions.

SEC. 3. This Act being deemed of immediate importance, shall take effect from and after its publication in the State Register and Iowa Homestead, papers published at Des Moines, Iowa.

Approved March 28th, 1864.

I hereby certify that the foregoing Act was published in the Daily State Register April 14th, 1864, and in the Iowa Homestead April 20th, 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 96.

DEPOSITIONS IN COUNTY COURTS.

AN ACT to provide for taking depositions to be used in County
Courts.

SECTION 1. Be it enacted by the General Assembly Same rules as of the State of Iowa, That depositions of witnesses may Dist. Court. be taken and read in evidence, in all actions and proceedings in County Courts in which the testimony of witnesses is required, subject to the same rules that govern their admissibility in the District Court.

Commission.

In cases of appeal.

SEC. 2. The commission for taking such deposition shall be issued by the County Judge under the seal of the County Court, to whom the deposition shall be returned, and be by him opened and filed in his office; and the provisions of law for taking depositions in the District Court, except as herein provided, and so far as practicable, shall govern in the taking of depositions in the County Court.

SEC. 3. Depositions taken to be read in evidence in the County Court, shall in case of appeal, be transmitted to the District Court and may be used in that Court,

subject however, to such objections as may have been raised in the County Court.

SEC. 4. This Act being deemed of immediate importance, shall take effect and be in force from and after Take effect. its publication in the Iowa State Register and the Iowa Homestead.

Approved March 28th, 1864.

I hereby certify that the foregoing Act was published in the Iowa State Register April 20th, A. D. 1864, and in the Iowa Homestead April 20th, A. D. 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 97.

ADJUTANT GENERAL'S REPORT for 1866.

AN ACT relating to the Report of the Adjutant General for 1866.

SECTION 1. Be it enacted by the General Assembly 5,000 copies. of the State of Iowa, That the State Printer be directed to print, and the State Binder to bind, in boards, five

thousand copies of the Adjutant General's Report for Gen. AssemJanuary first, 1866, to be disposed of as the General bly 1866 to Assembly of 1866 may order. dispose of.

Approved March 28th, 1864.

CHAPTER 98.

JUDICIAL DISTRICTS.

AN ACT providing for the formation of the Twelfth Judicial District, and fixing the times for holding Courts in the Tenth and Eleventh Judicial Districts, and providing for the election of a District Judge and District Attorney in the Twelfth Judicial District.

SECTION 1. Be it enacted by the General Assembly Division. of the State of Iowa, The State is hereby divided into

twelve Districts for Judicial purposes.

SEC. 2. District No. 1.-The counties of Lee, Henry, 1st District. Des Moines and Louisa shall constitute the First Dis

trict.

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