CH. 245] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

him a patent for the said south east quarter of the south west quarter of said section eleven (11);

AND WHEREAS, The plat book of the Des Moines river lands indicate that the tract which the said James Seby Parsons purchased and paid for was the south east quarter of the north west quarter of section eleven (11) in township seventy-five (75) north, and of range eighteen (18) west of the 5th P. M., instead of the south east quarter of the south west quarter of the north west quarter of said section eleven (11) has never been patented, and that the said James Seby Parsons claimed title thereto and has conveyed said tract at a later date than the date of the said patent No. 2769 issued to him, namely on September 24, 1853 by warranty deed to one Elwood Spencer which deed has been filed for record January 29, 1854 and has been recorded in Vol. "E" on page 346 of the records of Marion county, Iowa, and that his grantees and all parties claiming by, under or through him have had actual and peaceable possession of the said tract ever since;

AND WHEREAS, The above stated facts conclusively show that a mistake has been made upon the records of the state land office in having them show that the south east quarter of the south west quarter of section eleven (11) in township seventy-five (75) north, and of range eighteen (18) west of the 5th P. M., was sold to the said James Seby Parsons and that the said records should show that the south east quarter of the north west quarter of section eleven (11) in township seventy-five (75) north, and of range eighteen (18) west of the 5th P. M. was sold to the James Seby Parsons, and a patent therefor should have been issued to him instead of a patent for the south east quarter of the south west quarter of section eleven (11) in township seventyfive (75) north, and of range eighteen (18) west of the 5th P. M.;

AND WHEREAS, The said James Seby Parsons has long since departed his natural life at his residence in the county of Marion, state of Iowa, and the said south east quarter of the north west quarter of section eleven (11) in township seventy-five (75) north, and of range eighteen (18) west of the 5th P. M. in Marion county, is now occupied by and in the possession of Cornelis De Geest as grantee holding under the said James Seby Parsons.

AND WHEREAS, By reason of the mistake the title to said south east quarter of the north west quarter of section eleven (11) in township seventy-five (75) north, and of range eighteen (18) west of the 5th P. M. is still in the state of Iowa, therefore

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

SECTION 1. Conveyance of title. That the title to the south east quarter of the north west quarter of section eleven (11) in township seventy-five (75) north, and of range eighteen (18) west of the 5th P. M., in Marion county, Iowa, being a part of the Des Moines river land grant does hereby pass from the state of Iowa to the said Cornelis De Geest as grantee of the said James Seby Parsons, and that the same vests in him pursuant to the said purchase by the said James Seby Parsons.

SEC. 2. Patent. That the governor of the state of Iowa and the secretary of state are hereby authorized and directed to issue to said Cornelis De Geest patent for the tract described in section 1 of this act in the usual form, and deliver the same to the present owner of said tract to be recorded in said county of Marion.

Approved April 4, A. D. 1907.

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 246

CHAPTER 246.

CONVEYANCE OF CERTAIN REAL ESTATE TO MARY A. T. SANDERS.

H. F. 462.

AN ACT to release and convey to Mary A. T. Sanders all right, title and interest of the state of Iowa in or to the following described real estate, to-wit: A strip of land situated in west end of lot three (3), in section three (3), township seventy-nine (79) north, range six (6) west of the fifth P. M., in Johnson county, Iowa, and lying between the public highway known as the "Foster Road" and the bank of the Iowa river, and extending north 150 feet from the east end of the Terrill dam situated between lots three and six (3 and 6) in said section three (3), and south 150 feet from said dam.

WHEREAS, On the 20th day of August, 1903, Mary A. T. Sanders and her husband, Euclid Sanders, conveyed by warranty deed recorded in book 84, page 558, deed records of Johnson county, Iowa, to the state of Iowa for the use and benefit of the state university of Iowa, the property described below, a copy of the granting clause of said deed being as follows, to-wit:

"Know all men by these presents: That Mary A. T. Sanders and Euclid Sanders, her husband, of Johnson county, state of Iowa, in consideration of the sum of one dollar and other valuable considerations in hand paid by the state of Iowa, do hereby sell and convey unto the said state of Iowa, for the use and benefit of the state university of Iowa, the following described premises situated in the county of Johnson and state of Iowa, to-wit:

"All right, title and interest in and to the dam and waterpower on the Iowa river, known as the Terrill dam, situated between lots 3 and 6, section 3, township 79, range 6 west of the 5th principal meridian; also the cribbing and rock-work at the west end of said dam; also a strip of land situated in west end of lot 3 in said section 3 above mentioned, and lying between the public highway known as the Foster road and the bank of the Iowa river, and extending north 150 feet from the east end of said dam, and south 150 feet from said dam. The conditions of said conveyance are that said water-power shall be for the use and benefit of the state university of Iowa and for no other purpose, and that no steam plant or other than water or electric-power plant shall be erected or used on said premises without the written consent of grantors, their heirs or assigns, and in case of violation of these conditions, or abandonment, or non-use of said water-power for a period of three years or for the purposes above mentioned, then this conveyance is to be void and the property herein granted is to revert to the grantors, their heirs or assigns: Provided, however, if the said grantee construct a dam within a distance of two miles and below the present site, and of such height as to maintain the level of the water in the river at its present level above the dam herein conveyed, in that case the present site may be abandoned by said grantee and only the title to the strip of land herein conveyed shall revert to the grantors, their heirs or assigns, and the grantee shall have the right to remove within a reasonable time any buildings, fixtures or machinery located on said grounds"; and,

WHEREAS, The said dam and water-power have been destroyed and a new dam has been constructed across the Iowa river within a distance of two miles below the site of said old dam, and by the terms of said deed the strip of land above described reverts to the grantors, their heirs or assigns; therefore

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

SECTION 1. Conveyance of title. The state of Iowa hereby relinquishes and conveys to Mary A. T. Sanders all of its right, title and interest in the

CH. 246] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

following described real estate, to-wit: A strip of land situated in the west end of lot three (3) in section three (3), township seventy-nine (79) north, range six (6) west of the fifth P. M., in Johnson county, Iowa, lying between the public highway, known as the "Foster road", and the bank of the Iowa river, and extending north one hundred and fifty (150) feet from the east end of the dam and water-power on the Iowa river, known as the "Terrill dam", situated between lots three and six (3 and 6), in said section three (3), and extending south one hundred and fifty (150) feet from said dam.

SEC. 2. Patent. The governor of the state of Iowa is hereby authorized and directed to execute and deliver to the said Mary A. T. Sanders a deed conveying to her all of the right, title and interest of the state of Iowa in or to said land.

Approved April 13, A. D. 1907.

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

LEGALIZING ACTS.

[CH. 247

CHAPTER 247.

THE MAKING OF CERTAIN PLATS BY COUNTY AUDITORS AND THE RECORDING OF SAME BY COUNTY RECORDERS.

H. F. 211.

AN ACT to legalize the making of certain plats made by the county auditors of Iowa or by the county surveyor for the owner, and the recording of the same by the county recorders of Iowa and to legalize the descriptions of land in all instruments, conveyances and incumbrances referring thereto.

WHEREAS, Doubts have arisen as to the legality of certain plats made by the county auditors of Iowa and placed on record by the county recorders of Iowa and the description of land in all instruments, conveyances and incumbrances referring thereto because of the failure of the county auditors to sign and acknowledge the said plats and because of recording of the said plats by the county recorders of Iowa without authority of law; therefore,

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

SECTION 1. Acts of county auditors and recorders legalized. The acts of the county auditors of Iowa, in making and recording plats as authorized under sections nine hundred twenty-two (922), nine hundred twenty-three (923) and nine hundred twenty-four (924) of the code without first having properly signed or acknowledged the same and the acts of the county recorders of Iowa in recording such plats are hereby legalized and the same declared valid and binding the same as though they had in such respects been made and recorded in strict compliance with law.

SEC. 2. Descriptions of land legalized. The description of land in all instruments, conveyances and incumbrances describing lots in or referring to plats made by the county auditors of Iowa, or by the county surveyor for the owner, and placed of record by the county recorders of Iowa, are hereby legalized and the same declared valid and binding the same as though the said plats had been signed and acknowledged and filed and recorded in strict compliance with law.

Pending litigation or decrees of court already rendered. This act shall not affect any rights now in litigation or which have been settled or adjudicated by the judgment or decree of any court.

SEC. 4. In effect.

In effect. This act, being deemed of immediate importance, shall be in force and effect from and after its publication in the Register and Leader and Des Moines Capital, newspapers published at Des Moines, Iowa. Approved February 28, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 2, 1907.

W. C. HAYWARD,
Secretary of State.

CH. 249] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

CHAPTER 248.

CONVEYANCES OF REAL ESTATE BY EXECUTORS, ADMINISTRATORS AND GUARDIANS.

H. F. 145.

AN ACT to legalize conveyances of real estate by executors, administrators, and guardians in this or foreign states.

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

SECTION 1. Certain conveyances of real estate legalized. In all cases where, prior to the year eighteen hundred seventy (1870), an executor, administrator, or guardian, duly appointed, qualified and acting as such in another state without being appointed and qualified in the state of Iowa, conveyed in such trust capacity, real estate lying in this state, and such conveyance has been of record since prior to the first day of January, eighteen hundred seventy-one (1871) in the county where the real estate so conveyed is located, such conveyance shall not be held void or insufficient by reason of the fact that it does not appear in such conveyance, or of record otherwise in the state of Iowa, that said executor, administrator or guardian was duly appointed and qualified as such in the state of Iowa, or that due and legal notice of all proceedings with reference thereto was served upon all interested or necessary parties, or that such executor, administrator or guardian was duly authorized by any order of court in Iowa, or in the state in which such administrator, executor, or guardian was acting, to make and execute such conveyance, or that no bond therefor was given, or no report thereof made, or the sale of such real estate approved by the proper court, and all such conveyances, deficient or irregular in any of the particulars above enumerated, are hereby declared valid and legal.

Approved April 3, A. D. 1907.

CHAPTER 249.

CERTAIN ACKNOWLEDGMENTS AND ADMINISTRATIONS OF OATHS.

H. F. 114.

AN ACT to legalize certain ancknowledgments and administrations of oaths.

WHEREAS, Certain mayors, under section six hundred ninety-one (691) of the code of 1897, have taken the acknowledgments of written instruments and administered oaths in proceedings not connected with the administration of their offices, and

WHEREAS, Certain notaries public, whose commissions expired July 4th, 1906, and who continued to act as such notaries public and who have since qualified as notaries public, desire to have their acts as such notaries public legalized. Now, therefore,

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

SECTION 1. Legalized. All acknowledgments and taking of affidavits made by the mayors and notaries public, as described in the preamble hereof, be and the same are hereby legalized and made of full effect, the same as though said mayors and notaries public had been originally empowered to take said acknowledgments and administer said oaths.