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CHAPTER 44.

RAILROAD COMPANIES.

AN ACT authorizing Railroad Companies to issue preferred stock, and change the name of such Companies.

SECTION 1. Be it enacted by the General Assembly Issue prefer'd of the State of Iowa, That hereafter it shall be lawful for any Railroad Company incorporated within the State of Iowa, with the assent of the stockholders of such Company, to make and issue preferred stock in payment of debts due or to become due from such Company, and such preferred stock shall be entitled to dividends at such rate of interest as the Board of Directors of such Company may prescribe not exceeding eight per cent. per annum, if earned in any one year after payment of all interest on bonds before any dividend is made to the general stock, provided said preferred stock shall not operate against any stockholder not consenting to the issuing of said preferred stock.

Gener'l stock.

Ch'nge name.

Requir'm'nts.

SEC. 2. Such preferred stock and any income or mortgage bond issued or to be issued by any such Railroad Company, shall, at the option of the holders thereof, be convertible into general stock of the Company in such manner and upon such terms as the said Board of Directors with the assent of the holders of the general stock may prescribe, but in no case shall the aggregate amount of the general stock of the said Company, and the said preferred stock, exceed the total amount of stock which such Company may be by law authorized to issue.

SEC. 3. It shall be lawful for any Railroad Company, now or hereafter organized and incorporated under the Laws of this State with the assent of the stockholders, by a vote of two-thirds in amount thereof to change the corporate name of such Company.

SEC. 5. Whenever any such Company shall change its name under the provisions hereof, it shall be the duty of the President and Secretary of such Company to file with the Secretary of State a statement, under oath, showing the assent of the stockholders as required by the preceding Section to such change, and also a properly certified copy of the record of the change of name as the same appears in the record of the proceedings of such Company, and showing the new name of such Company, and from the time of filing such evidence,

such Company shall become a body corporate and politic under the new name, but such change of name shall in no wise affect any of rights, powers or privileges of such corporation nor any of its liabilities to third parties, but all rights, powers, privileges and franchises of the old corporation, shall be vested in the new corporation and shall be liable upon all contracts entered into by the old to the saine extent and in the same manner as the Company or corporation would have been under the original name.

SEC. 5. This Act being deemed of immediate importance, shall take effect upon its publication in the Iowa State Register and Iowa Homestead, newspapers published in Des Moines, Iowa, without expense to the State.

Approved March 12th, 1864.

I hereby certify that the foregoing Act was published in the Iowa State Register and lowa Homestead on the 23d day of March, A. D. 1864.

JAMES WRIGHT, Secretary of State.

Liabilities.

CHAPTER 45.

EIGHTH JUDICIAL DISTRICT.

AN ACT to amend an Act entitled an Act to change the times of holding Courts in the Eighth Judicial District of the State of Iowa, approved February 4th, 1862.

SECTION 1. Be it enacted by the General Assembly

of the State of Iowa, That the clause in said Act to Court of Benwhich this is amendatory, appointing the times for hold- ton county. ing Courts in Benton county, be so amended as to read

as follows: At Vinton, in Benton county, on the first

Mondays of March and fourth Mondays of September.

SEC. 2. That no business, process or paper issued Writs or pro from, returnable to or triable in said Court in Benton cesses not afcounty, at the March term, shall be in anywise invali- fected. dated by reason of this amendment, but the same shall

be held to be returnable and triable at the time appointed herein.

SEC. 3. That the Judge of said District, by an order Ord. of Court. made at the March term of the Court in Linn county

in each year or in vacation, may, in his discretion, di

rect that the attendance of the Grand and Petit Jurors, be dispensed with at the July term following.

SEC. 4. This Act shall take effect and be in force from and after its publication in the Iowa State Register and the Iowa Homestead, newspapers published at Des Moines.

Approved March 12th, 1864.

I hereby certify that the foregoing Act was published in the Iowa State Register on the 23d day of March, A. D. 1864, and in the Iowa Homestead on the 30th day of March, A. D. 1864.

JAMES WRIGHT, Secretary of State.

oners.

CHAPTER 46.

SHERIFF'S FEES.

AN ACT to amend Section 4145 and Section 4147 of the Revision of 1860.

SECTION 1. Be it enacted by the General Assembly Dieting pris- of the State of Iowa, That the last line of Section 4145 of the Revision of 1860, be and the same is hereby amended so as to read as follows, to-wit: For dieting a prisoner, per day, thirty-five cents.

ces.

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SEC. 2. Section 4147 of the Revision of 1860, is Serving noti- hereby repealed, and the following enacted in lieu thereof: Section 4147. The Sheriff is also entitled for delivering notices, including mileage, and for other services for which no other compensation is allowed by law, to receive such annual salary, not less than twenty Bo'rd fix pay. nor more than one hundred and twenty dollars, as may be fixed by the County Board of Supervisors."

SEC. 3. This Act being deemed of immediate importance by the General Assembly, shall take effect upon its publication in the Daily State Register and Iowa Homestead.

Approved March 18th, 1864.

I hereby certify that the foregoing Act was published in the Daily State Register on the 19th day of March, A. D. 1864, and in the Iowa Homestead on the 30th day of March, A. D. 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 47.

FOURTH JUDICIAL DISTRICT.

AN ACT fixing the times of holding Court in the Fourth Judicial District, and attaching certain counties in said District to others for Judicial purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the terms of the District Courts in the Fourth Judicial District for each year, shall be as follows:

In Plymouth county on the second Monday in April. Plymouth Co. In Woodbury county on the third Monday in April Woodbury and the first Monday in November. County.

In Monona county on the second Monday after the Monona Co. third Monday in April, and on the third Monday in

November.

In Harrison county on the third Monday after the Harrison Co. third Monday in April and on the fourth Monday in

November.

In Shelby county on the fourth Monday after the Shelby Co. third Monday in April.

In Crawford county on the first Thursday after the Crawford Co. Monday fixed for holding Court in Shelby.

In Sac county on the fifth Monday after the third Sac County. Monday in April.

In Calhoun county on the first Thursday after the Calhoun Co. Monday fixed for holding Court in Sac county.

In Humboldt county on the sixth Monday after the Humboldt third Monday in April.

County.

In Pocahontas county on the seventh Monday after Pocahontas the third Monday in April.

County.

In Palo Alto county on the first Thursday after the Palo Alto Co. Monday fixed for holding Court in Pocahontas county.

In Kossuth county on the eighth Monday after the Kossuth Co. third Monday in April.

In Emmett county on the first Thursday after the Emmett Co. Monday fixed for holding Court in Kossuth county.

In Dickinson county on the ninth Monday after the Dickinson Co. third Monday in April.

In Clay county on the first Thursday after the Mon- Clay Co. day fixed for holding Court in Dickinson county.

SEC. 2. The counties of Buena Vista, Cherokee Attached.

and O'Brien are hereby attached to the county of Clay; and the county of Ida to the county of Sac; and the county of Sioux to the county of Woodbury, for judicial purposes.

Suits in coun

Clerk's duty.

SEC. 3. All suits now pending in any of the counties attached. ties attached to another county for judicial purposes by this Act, shall be deemed pending in the county to which said counties are attached, and it is hereby made the duty of the Clerks of the District Courts of the several counties attached to another as aforesaid to deliver to the Clerk of the District Court of the county to which said counties are attached, all papers filed in any cause now pending in said counties, together with a transcript of all record entries made in said causes, the costs of making said transcript to be paid by the counties in which the said suits are now pending.

Judgment liens.

Service of writ.

Expense apportioned.

Additional terms.

SEC. 4. No judgment rendered in any county to which another is attached by this Act, shall be a lien upon the real estate in the county so attached until a transcript of the judgment shall have been filed in the office of the Clerk of the District Court of said county, as now provided by law.

SEC. 5. Any process or writ issued in any cause pending, or upon any judgment rendered in any county to which another county is attached for Judicial purposes by this Act, shall be served and returned by the proper officers of the county so attached as now rovided by law for serving and returning writs and processes issued in a cause pending or upon a judgment rendered in another county than the one in which they are to be served.

SEC. 6. Where counties are attached to another by this Act for Judicial purposes, the Judge of the District Court may at each session thereof held in the county to which said counties are attached, make such order apportioning the expense of holding the Court among the .several counties as he may deem just and equitable.

SEC. 7. The District Judge of said Judicial District may appoint other terms of Court in those counties in which but one term in each year is herein provided for, whenever in his judgment, the business of the county requires it.

Suits pending SEC. 8. All writs, processes and proceedings pendnot affected. ing in any of said courts and returnable at the times now fixed by law shall be deemed pending and returnable at the terms as fixed by this Act, and no suit, writ, notice, recognisance, indictment or other proceeding shall be quashed or held invalid, by reason of this Act, or by reason of the change hereby made in the times for holding the Courts in said District.

SEC. 9. All Acts and parts of Acts inconsistent with this Act are hereby repealed. This Act being deemed

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