CHAPTER 26.

Clerk keep an appearance docket.

Entry in ap. pearance docket.

upon return

APPEARANCE DOCKET.

AN ACT to require Clerks of the District Court to keep an Appearance Docket.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the Clerks of the District Courts in this State are required to keep in addition to the books. specified in section three hundred and forty-six, chapter twenty-three, page 58 of the Revision of 1860, a book to be known as an Appearance Docket.

SEC. 2. The Clerk shall enter in said Appearance Docket each suit that shall be brought in the Court, numbering them consecutively in the order in which they shall have been commenced, which number shall not be changed during the farther progress of the suit. In entering the suits the Clerk shall set out the full name of all the parties, plaintiffs and defendants, as the same shall be contained in the petition of the plaintiff or plaintiffs, or as the same shall subsequently be made parties by any cross bill, or other proceeding or order, and shall give the date of the filing of the petition.

SEO. 3. When the original notice shall be returned. Clerk's entry to the office of the Clerk, he shall enter in said docket so much of the return thereon as to show who of the parties have been served therewith and the manner and time of service.

of original notice.

Date of filing.

Clerk shall

ing of the

Court.

SEO. 4. The Clerk shall immediately upon the filing thereof make a memorandum of the date of the filing of all pleas, demurrers, answers, motions, or paper of any other description in the cause and no pleading of any description shall be considered as filed in the cause, or be allowed to be taken from the Clerk's office, until the said memorandum is made.

SEC. 5. Immediately upon the sustaining or over-rulenter the ruling of any demurrer or motion; the striking out or amendment of any pleading; trial of the cause; rendition of the verdict; entry of judgment; issuing of execation or any other act or thing done in the progress of the cause, the like memorandum thereof shall be made in said docket, giving the date thereof and the number of the book and page of the record where the entry thereof shall have been made, it being intended that the Appearance Docket shall be an index from the commencement to the end of a suit.

SEC. 6. The Clerk shall provide an index for the Ap- Index. pearance Docket in which, as actions shall be entered in the same, they shall be indexed directly in the name of each plaintiff, and reversely in the name of each defendant in the action.

SEC. 7. This Act being deemed of immediate import- Take effect. ance shall be in force from and after its publication in the Daily State Register, and Jowa Homestead and Northwestern Farmer, and Des Moines Daily Times, newspapers published in the City of Des Moines, or any two of them.

Approved March 10th, 1862.

I hereby certify that the foregoing was published in the Daily State Register and Des Moines Daily Times, March 15th, 1862. ELIJAH SELLS, Secretary of State.

CHAPTER 27.

GUARDIAN OF MINOR CHILDREN.

AN ACT to amend Chapter 105, of the Revision of 1860, concerning guardians of the property of minors.

of Co. Court over lands &

ties.

SECTION 1. Be it enacted by the General Assembly of Jurisdiction the State of Iowa, That when a guardian for the property of any minor child or children has been or shall tenements in hereafter be appointed by the County Court in any other councounty of this State, the said County Court shall have the same power and authority over any lands and tenements of such minor child or children, situate in any other county in the State, that said County Court may by law exercise over the lands and tenements of such minor or minors, in the county where such guardian has been or shall be appointed.

SEC. 2. That where a guardian for the property of Sales in other any minor child or children has heretofore been appoin- counties by guardians unted by the county court in any county of this State, and der order of such guardian has heretofore made application to said Courts legal. county court for and obtained an order of sale of any ized. lands, tenements or hereditaments of such minor or minors, situate in any other county in this State, and a sale and conveyance of such lands, tenements or hereditaments has been made by said guardian in pursuance of such order, and approved by said County Judge, that

Transcript to be transmit

ted to the Co. Judges of oth

er counties

when lands

are sold.

Repealing all

the said acts and proceedings of said county court and such sale and conveyance are hereby declared as valid and binding, as though such lands were situate in the county where such guardian was appointed or as though the same had been made under the provisions of Section 1st of this Act.

SEC. 3. That the county court shall order a transcript of any proceedings heretofore or hereafter had in said court affecting the title to lands in any other county, ordered to be sold by said court, to be transmitted to the County Judge of the County in which said lands are situated.

SEC. 4. That all Acts and parts of Acts inconsistent acts inconsist- with the provisions of this Act, be and the same are hereby repealed.

ent.

Approved March 10th, 1862.

unless denied under oath.

CHAPTER 28.

PROOF OF WRITTEN INSTRUMENTS.

AN ACT relating to the proof of written instruments in actions and repealing section 2967 of the Revision of 1860.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 2967 of the Revision of 1860 is hereby repealed and the following is substituted therefor:

The signature SEC. 2967. When any action, defense, set-off, counter to a written claim or cross demand is founded on a written instruinstrument filed with the ment, which is referred to in any pleading, and the origpleadings inal or a copy thereof is annexed thereto (or copied thereshall be deem in) the signature thereto or to any indorsement thereon ed genuine shall be deemed genuine and admitted, unless the party whose signature it purports to be, shall deny the same under oath, in his pleading, or in a writing to be filed at the same time, with or before his pleading, if there be one, and if not, then in the time allowed for a pleading, and when any other writing, purporting to have been signed by one of the parties is referred to in a pleading, and the original or copy thereof is filed with the pleading, the signature thereto shall be taken to be genuine, and the instrument may be read in evidence against such party, unless he denies the same in writing under

oath before the trial is commenced, provided that the person whose signature it purports to be, before filing his affidavit shall, on demand, be entitled to examine the original instrument.

SEC. 2. This Act shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Times.

Approved March 10th, 1862.

I hereby certify that the foregoing Act was published in the Iowa State Register March 26th, 1862, and Des Moines Daily Times March 13th, 1962.

ELIJAH SELLS, Secretary of State.

CHAPTER 29.

REPORTS OF CLERKS AND JUSTICES.

AN ACT in relation to the duties of Clerks and Justices.

forfeitures im

SECTION 1. Be it enacted by the General Assembly of Clerks and the State of Iowa, That it shall be the duty of the Clerks Justices to of the several Courts of this State, (except of the Su- make report preme Court) and all Justices of the Peace, on the first to the Board of SuperviMonday of January of each year, to make a report in sors, 1st Jan. writing, to the Board of Supervisors of their respective of all fines, counties, of all forfeited recognizances in their several penalties and offices; of all fines, penalties and forfeitures imposed in posed in their their respective Courts, in what cause or proceedings, respective when, for what purpose, against whom, and for what Courts, etc. amount rendered; whether said fines, penalties, forfeitures and recognizances have been paid, remitted, canceled or otherwise satisfied; if so, when, how, and in what manner; if not paid, remitted, canceled or otherwise satisfied, what steps have been taken to enforce the collection thereof, and the prospect of such collection. Such report must be verified under oath, to the effect that the same is full, true and complete of the matters therein contained, and of all things required by this Act; and any officer failing to comply with any of the provisions this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined in any sum not less than one hundred dollars.

Approved March 14th, 1862.

Lands adjoin.

may be plat

ted and recorded as a

CHAPTER 30.

UNINCORPORATED TOWns.

AN ACT regulating additions to unincorporated towns.

SECTION 1. Be it enacted by the General Assembly of ing unincor- of the State of Iowa, That any land lying in any county porat'd towns of this State adjoining or contiguous to any unincorporated town, may be platted by the owner thereof and recorded as an extension of, or an addition to such town, and for all legal and equitable purposes shall be deemed, taken and considered as a part of such town, by the township and county officers of the township and county in which such town is located in all matters pertaining to township or county organization, as fully as though it had been a part of the original plat thereof.

part of said

town.

SEO. 2. All extensions of, or additions to any unincorporated town heretofore platted and recorded, shall be deemed and considered as a part of such town for all purposes as provided in Section one of this Act. Approved March 14th, 1862.

Exempting

lands leased

CHAPTER. 31.

AGRICULTURAL SOCIETIES.

AN ACT to amend Chapter forty-five of the Revison of 1860, so as to exempt grounds leased by Agricultural Societies from taxation during the term of such lease.

SECTION 1. Be it enacted by the General Assembly of from taxation the State of Iowa, That so much of Section 711, Chapto Agricul ter forty-five of the Revision of 1860, as exempts from tural Societies taxation all grounds and buildings of benevolent, agricultural and religious institutions and societies, devoted solely to the appropriate objects of these institutions be and the same is hereby amended, so as to include all property leased to agricultural societies during the term of such lease, Provided the same is devoted solely to the appropriate objects of said societies.

Approved March 14th, 1862.