with the sub-contractor therefore, and the settlement in writing, file statement SEC. 2. That section 2133 of the code be amended by inserting §2133. after the word "Sub-contractor," in the first line thereof, the words, To make and "Or person furnishing material, machinery, or fixtures, or perform- and give "ing labor by virtue of a contract with a sub-contractor," and in- notice. sert[ing] after the word "Contractor," in the seventh line, the word "Sub-contractor," and after the word "Contractor," in the 11th line, add[ing] "Or sub-contractor, as the case may be." tor refusing to SEC. 3. That section 2134 be and the same is hereby amended §2134. by inserting after the word "Contractor," in the first line, "Or Sub-contrac"sub-contractor," and after the word "Sub-contractor," in the sign statesecond line, "Or person furnishing material, or performing labor," to file stateand after the word "Trustee," in the fourth line, "And contract- ment. "or. ment, laborer Extent of laborers. SEC. 4. That section 2135 be amended by inserting after the 2135. word "Sub-contractor," in the second line, the words, "Or person liability of "furnishing material, a [or] performing labor," and after the word owners to "Sub-contractor," [in the fourth line,] the following, "Or person "furnishing material, or performing labor," and after the word "Sub-contractor," in the fifth line, the words, "Or of the sub"contractor to the person furnishing material a [or] performing "labor." clause. SEC. 5. This act being deemed of immediate importance shall Publication take effect from and after its publication in The Iowa State Register, and Iowa State Leader, newspapers published in Des Moines, Iowa. Approved March 19th, 1874. I hereby certify that the foregoing act was published at Des Moines, in The Iowa Daily State Leader April 6, and in The Iowa Daily State Register April 7, 1874. JOSIAH T. YOUNG, Secretary of State. H. F. 222. State fish commission by governor. Vacancy. CHAPTER 50. CARE AND PROPAGATION OF FISH. AN ACT to Provide for the Appointment of a Board of Fish Commis sioners for the Construction of Fish-ways, for the Protection and Propagation of Fish, and to Repeal Sections 4052 and 4053, and to Amend Section 4054 [Code, Title XXIV., Chapter 2, relating to Of fenses against Public Policy]. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the governor of the state is hereby author ers appointed ized and required to appoint three competent persons who shall be known as the State Fish Commissioners, who shall hold their positions for the period of two years, and any vacancies occurring in said commission by death, resignation, or otherwise, shall, for the unexpired term be filled by the appointment and commission of the governor. The general duties of the said commissioners, in addition to other duties prescribed by this act, shall be to forward the restoration of fish to the rivers and waters of this state, and to stock the same with fish as they may be supplied with means for that purpose by the United States fish commissioners and by societies and individuals interested in the propagation of fish in the waters of the state. Duties. To examine methods of securing pass ways, SEC. 2. It shall also be the duty of the fish commissioners to make an examination of the various improved fish-ladders, fishand of the methods necessary to be used to secure the passage of fish up age of migratory fish up through or over the dams now condams, and to structed in the state, and to report to the next general assembly, report to general through the governor, the cost of construction of the various imassembly. proved methods with the applicability thereof to the streams of the state, with such other information as in their judgment may be proper, with the cause or causes of the decrease of fish in the streams of the state, and the means that must be used to secure fish in abundance therein; and to report also what arrangements it will be necessary to make with the owners of mill-dams now constructed to secure the construction of fish-ways in such dams without doing injustice to the owners of such dams and to report generally such facts in connection with the construction of fishways and the stocking of the streams of the state with fish as in their opinion may be needed for the information of the general assembly. Fish-ways Stocking streams. SEC. 3. Said fish commissioners shall receive in full compen Pay $200 each sation for their services, two hundred dollars each and per year, no more, which salary shall be paid out of the state treasury from any money therein not otherwise appropriated. per annum. To enforce this act. SEC. 4. It shall also be the duty of said fish commissioners to see that the provisions of this act are enforced, and for that purpose they shall have the right to call to their assistance any District-attor prosecuting attorney, to prosecute all violations of this act in the judicial district, where such violation occurs. ney. SEC. 5. It shall be the duty of any person or persons, or cor ter construct sioners. porations, hereafter erecting or constructing any dam in any of Dams hereaf the rivers within the state, or their tributaries accessible to migra- ed to have tory fishes, to put in or upon the same, fish-ways, under the direc- fish ways, to be approved tion and approval of said fish commissioners, without which every by commissuch dam shall be deemed a public nuisance, and liable to be Otherwise abated upon the information of any one complaining; and the nuisances. person or persons constructing a dam, in violation of this section, Fine or shall be liable to a fine of ten dollars for each day such dam violation. shall be continued without a fish-way, such as shall be required by the commissioners under this act. preventing ited. SEC. 6. No person shall place, erect, or cause to be placed or Obstructions erected across any of the rivers, creeks, ponds, or lakes, within free passage the state, any dam, seine, net, weir, fish-dam, or other obstruction of fish prohibin such manner as shall hinder or obstruct the free passage of fish up or down through such water or water-courses; and from and after the passage of this act it shall be unlawful for any person to use any seine or net for the purpose of catching fish, except min- Seine or net. nows, in any of the waters of the state, the meshes of which seine are less than two inches, and no person shall be permitted When prohibto seine any fish except during the months of July, August, and ited. September, except minnows. SEC. 7. Any person found guilty of the violation of the pro- Fine for violation of sec. 6. visions of section six of this act shall on conviction before a justice of the peace of the township in which he resides, or where the offense be committed if arrested therein, be fined not less than ten nor more than fifty dollars for the first offense, and for the second or any subsequent offense not less than twenty dollars, and shall stand committed till such fine be paid. &c., with SEC. 8. No person shall place in any of the waters of the Lime, drugs, state any lime, ashes, drug, or medicated bait, with intent thereby intent, &c., to injure, poison, or catch fish. Any person violating the pro- prohibited. visions of this section shall be punished as provided in section seven of this act. mile of with hook and SEC. 9. It shall not be lawful to fish with nets or any other Fishing method of entrapping fish, except with hook and line, or spear, in with halfthe ordinary manner of fishing, within half a mile of any dam in way, except which there is or may be constructed a fish-way, for the purpose line or spear of the passage of fish up and down any stream in the state. Any unlawful. person found guilty of the violation of the provisions of this section shall, on conviction, be fined as provided in section seven of this act. SEC. 10. Sections 4052, 4053, and all after the word "dollars" Code: 224052, in the eighth line of section 4054, are hereby repealed. 4053, and part of 4054 repeal SEC. 11. This act being deemed of immediate importance shall ed. take effect and be in force from and after its publication, accord- Publication ing to law, in The Daily State Register, and The Daily Iowa clause. State Leader, newspapers published at Des Moines, Iowa. Approved March 19th, 1874. I hereby certify that the foregoing act was published at Des Moines in The Iowa Daily State Leader March 27, and in The Iowa Daily State Register March 31, 1874. JOSIAH T. YOUNG, Secretary of State. CHAPTER 51. RELATING TO THE IMPROVEMENT OF ALLEYS. S. F. 129. councils may provide for grading alleys. AN ACT to Authorize Cities and Towns to provide for the Improvement of Alleys. SECTION 1. Be it enacted by the General Assembly of the City and town State of Iowa, That the city council or trustees of any incorporated city or town, organized under special charter or under the provisions of the general incorporation laws of the state, are hereby authorized and empowered to provide by ordinance for the improvement of alleys (in said city or town) by grading the same, Assessment of and for the assessment of the expenses thereof, upon the owners of lots or parcel of land abutting on said alley, pro rata according to the front feet of said lots or parcel of land: Provided, That such ordinance shall not be adopted except after the presentation to said council of a written petition for the improvement of such alley, signed by a number of the owners of property so to be assessed therefor equal to a majority of the owners of such property. expenses. Proviso: peti tion. by contract. SEC. 2. It shall be the duty of such city council or trustees to Work to be let require the work of grading such alley to be done under contract therefor, to be entered into with the lowest responsible bidder: Provided, That all bids for such work may be rejected by such council or trustees, if by them deemed to be exorbitant, and new bids ordered. a lien. SEC. 3. All assessments for the grading of alleys under this Assessments act shall be a lien upon the lots and lands assessed, and shall bear the same rate of interest, and the said property assessed may be sold for payment thereof in the same manner, at any regular or adjourned sale, with the same forfeiture, penalties, and rights of redemption, and certificates and deeds on such sales shall be made in the same manner and with like effect, as in cases of sales for nonpayment of the annual taxes of such cities or towns respectively, as now or hereafter provided by law in respect thereto. Sale. Mode of assessment. Code: ¿$ 478, 479, and 481. 8 465 Costs not to SEC. 4. Such city council or trustees may provide by ordinance for the particular mode of making and returning the assessment hereinbefore authorized, and payment of such assessments may, if so directed by said council or trustees, be enforced in the manner and by the proceedings provided for by sections 478, 479, and 481 of the code. SEC. 5. That so much of section 465, chapter 10, title IV., as requires the expense of the grading of alleys to be paid out of the be paid out of general funds of any incorporated city or town, be and the same are hereby repealed. general funds of corpora tion. SEC. 6. This act being deemed of immediate importance shall take effect from and after its publication in the Des Moines Reg ister and State Leader, newspapers published in Des Moines, Publication Iowa. Approved March 19th, 1874. I hereby certify that the foregoing act was published, in Des Moines, in The Iowa Daily State Leader March 27, and in The Iowa Daily State Register March 28, 1874. JOSIAH T. YOUNG, Secretary of State. clause. CHAPTER 52. CENSUS OF CITIES AND TOWNS. AN ACT to Amend Section 509 of the Code of 1873 [Title IV., S. F. 125. classification SECTION 1. Be it enacted by the General Assembly of the Code: 509, State of Iowa, That section 509 of the code be amended as fol- Census for lows: Add after the word "census," at the end of the 2d line, of cities and the following: "Taken by authority of the state, on [or] any towns. "town or city council." clause. SEC. 2. This act being deemed of immediate importance shall Publication take effect after being published in The State Journal, a newspaper published in Des Moines, and the Chariton Leader, a newspaper published in Chariton, without expense to the state. Approved March 19th, 1874. I hereby certify that the foregoing act was published in The Daily State Journal, at Des Moines, March 30, 1874.* JOSIAH T. YOUNG, Secretary of State. CHAPTER 53. IN RELATION TO THE HOSPITAL FOR THE INSANE. AN ACT to Amend sections 1386, 1392, 1436, and 1438, of Chapter Two, S. F. 230. ent to nomin SECTION 1. Be it enacted by the General Assembly of the Code: § 1386. State of Iowa, That section 1386, of chapter two, of title eleven, of Superintend the code, be amended by inserting in the seventh line, after the ate assistants, steward, and word "superintendent," the words "And upon the nomination of matron. "the superintendent shall appoint." Also amend section 1392, of § 1392. same chapter and title, by inserting after the word " trustees," in ence of the first line, the words, "And superintendent." SEC. 2. That section 1436 be amended by striking out the fourth, fifth, sixth, seventh, and the word "addressed" in the eighth line of said section, and the following words be inserted in *See Appendix. Superintend purchases. |