CHAPTER 6. RAILWAYS IN CITIES AND TOWNS. AN ACT to Amend Section 464 [Chapter 10, Title IV., "Of Cities S. F. 59. "and Incorporated Towns,”] of the Code of 1873. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 464, of the code of 1873, be amended Code: § 461. by striking out of said section the words, "Compensation of inju- § 470. "ries arising from regrade of streets, in section 470 of this Compensation for injury "chapter," and adding thereto, in lieu thereof, the following caused by words, "Taking private property for works of internal improve- cities and "ment, in chapter 4 of title 10 of the code of 1873." railways in towns. clause. SEC. 2. This act being, by the general assembly, deemed of Publication immediate importance shall take effect and be in force from and after its publication in The Daily Iowa State Register and Daily State Leader, newspapers published in Des Moines, Iowa, Approved March 2d, 1874. I hereby certify that the foregoing act was published in Des Moines in The Iowa Daily State Leader March 3, and in The Daily Iowa State Register March 4, 1874. JOSIAH T. YOUNG, Secretary of State. COMPENSATION CHAPTER 7. OF TRUSTEES OF AGRICULTURAL COLLEGE. AN ACT to Pay the Board of Trustees of the Iowa State Agricultural S. F. 87. audit pay of SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the auditor of state is hereby authorized Auditor to to audit and allow the claims of the board of trustees from and trustees of agafter the first day of September, 1873, in accordance with section ricultural college. 1608 of the code of 1873. clause. SEC. 2. 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 5th, 1874. I hereby certify that the foregoing act was published in Des Moines in The Iowa Daily State Leader March 6, and in The Daily Iowa State Register March 8, 1874. JOSIAH T. YOUNG, Secretary of State. CHAPTER 8. PERMANENT SURVEY OF LANDS. S. F. 98. agreement of jacent lands. Record. pleted sur veys. AN ACT to Provide for the Permanent Survey of Lands. SECTION 1. Be it enacted by the General Assembly of the Surveys upon State of Iowa, That, whenever the owner or owners of adjacent owners of ad- tracts of land shall desire to establish permanently the lines and corners thereof between them, he, she, or they may enter into a written agreement to employ and abide by the survey of some surveyor; and after said survey is completed, a plat thereof with a description of all corners and lines plainly marked and described thereon, together with the written agreement of the parties, shall be recorded in the recorder's office of the county where the lands are situated or after any survey of lands is completed and Plats of com- the parties interested therein as owners are satisfied with such survey, or when the owners of adjoining lands desire to perpetuate existing lines and corners heretofore made between them, it shall be lawful for them to cause a plat thereof to be made with a description of all such lines and corners made thereon, which plat shall be acknowledged before some officer authorized to take the acknowledgment of deeds, and signed by each of said Owners as an agreement between them so far as relates to such lines and corners; all of which shall be recorded in the recorder's office of the county in which the lands are situated; Lines and cor- and the lines and corners so made, and described and recorded, ners binding. shall be binding upon the parties entering into said agreement and signing said plats, their heirs, successors, and assigns, and shall never be changed. Perpetuation of existing lines and corners. Record. Mode of obtaining survey where agree to same. Notice; and how served. SEC. 2. Whenever one or more proprietors of land in this state, the corners and boundaries of whose lands are lost; destroyed, or are in dispute, or who are desirous of having said owners do not corners and boundaries permanently established, and who will not enter into agreement as provided by section first of this act, it shall be lawful for said proprietor or proprietors that they shall cause a notice in writing to be served on the owner or owners of adjacent tract or tracts, if known and residing in the county where said lands are situated, or if not known and not residing in such county, by publishing in a newspaper published in such county, and if no newspaper shall be published then by putting up in four different public places in said county, a written or printed notice to the effect that on a day named therein he, she, or they will make application to the district court of the county in which said lands are situated, at its next succeeding term, for the appointment of a commission of one or more surveyors to make survey of and permanently establish said corners and boundaries, which notice shall be posted up at least four weeks before the time appointed for said application; and one of said notices shall be in the precinct or township in which said corners and boundaries are situated. commission SEC. 3. Upon the filing of proper petition and proof of due District court notice aforesaid, the said court shall appoint a commission of one to appoint or more surveyors, entirely disinterested, to make said survey, to survey and who shall proceed to make said survey and report his or their report. proceedings to that or the next term of said court, accompanied by a plat and notes of said survey; and each of said surveyors shall be authorized to administer an oath to any of the Oath. assistants necessary in the execution of said survey, to faithfully and impartially perform their respective duties, and take the evidence under oath administered by the surveyor, and incor- Evidence. porate the same with his or their survey, of any person or persons, who may be able to identify any original government corner, or witness thereto, or government line, tree, or other noted object, or any other legally established corner, or other corners that have been recognized as such by the adjoining proprietors for over ten years. report. court. SEC. 4. Upon the filing of said report, any person whose Objections to interests may be affected by said survey shall be at liberty to enter his objections to said report, and the court shall hear and Order of determine said objections, and enter an order or judgment either approving or rejecting said report, or modifying and amending the same according to the rights and interests of the parties, or may refer the same back to said commission to correct their report and survey in conformity with the judgment of the court; or the court may for good reason set aside said commis- Report set sion and appoint a new one, who shall proceed anew, and determine the boundaries and corners of the lands in question. Survey final, The corners and boundaries established in said survey, as approved in the final judgment of the court, if not appealed from within thirty days, shall be held and considered as permanently and unalterably established according to said survey. The ex- Costs to be penses and costs of the surveys and suit shall be apportioned apportioned. among all the parties according to their respective interests. Approved March 5th, 1874. aside. when. CHAPTER 9. COUNTY INDEBTEDNESS. AN ACT to Amend Section 289 and Section 290 of the Code of 1873 H. F. 81. [Title IV., Chapter 1: “Of Counties."] may fund 1874. Be it enacted by the General Assembly of the State of Any county Iowa, That section 289 of the code of 1873 be amended as follows: debt existing Strike out, in the first and second lines of said section, the words, January 1, "Having a population exceeding seven thousand inhabitants strike out of the third line of said section, the figures "1872" and insert the figures "1874"; -strike out of section 290, eighth line, the figures 1872 " and insert the figures "1874." Approved March 5th, 1874. 66 H. F. 123. Code: § 2626. Members of general assembly not required to answer civil proceeding during ses sion. CHAPTER 10. APPEARANCE IN CIVIL PROCEEDINGS. AN ACT to Amend Section 2626 of the Code of Iowa [Title XVII., Be it enacted by the General Assembly of the State of Iowa, That section 2626 of the code of Iowa be and the same is hereby amended by adding thereto, as subdivision 4 of said section, the following: "4. No member of the general assembly shall be held to appear or answer any civil action or special proceeding, in any court of record, or inferior court, while such general assembly is in session, nor shall any person be so held to answer or appear, in any such court, on the 1st day of January, the 4th day of July, the 25th day of December, or on any day of thanksNor any per giving appointed by the president of the United States or by the governor of this state." son on holi days. Approved March 5th, 1874. S. F. 31. § ? 3903 and 3904. Penalty for larceny: in night time. CHAPTER 11. PENALTY FOR LARCENY. AN ACT to Repeal Sections 3903 and 3904 of the Code of 1873, [Title SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That sections 3903 and 3904 of the code of Iowa of 1873 be and the same are hereby repealed and the following is enacted in lieu thereof: "Sec. 3903. If any person in the night-time commit larceny in any dwelling-house, store, or any public or private building, or in any boat, vessel, or water-craft when the value of the property stolen exceeds the sum of twenty dollars, he shall be imprisoned in the penitentiary not exceeding ten years; and, when the value of the property stolen does not exceed twenty dollars, by fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year. "Sec. 3904. If any person in the day-time commit larceny as In day time. specified in the preceding section, and the value of the property stolen exceeds twenty dollars, he shall be punished by imprisonment in the penitentiary not more than five years; and, when the value of the property stolen does not exceed twenty dollars, by fine not exceeding two hundred dollars and imprisonment in the county jail not exceeding one year." Approved March 5th, 1874. CHAPTER 12. TERMS OF COURT. AN ACT to Amend Section No. 165 of the Code. [Title III., Chapter H. F. 65. 5: "Of the District and Circuit Courts and Judges thereof."] county. Be it enacted by the General Assembly of the State of Iowa: Two terms of SECTION 1. That section No. one hundred and sixty-five court in each (165) of the code be amended by striking out in the first line thereof the words "one term " and inserting therein in lieu thereof the words "two terms." SEC. 2. That the district and circuit judges of each judicial Mode of applying the act district, wherein any county is situated for which a less number to 1875. of terms of court has been appointed for the year A. D. 1875 than is provided by section No. 165 of the code as herein amended, shall on or before the first Monday in December A. D. 1874 redesignate and fix, in the manner by law provided, the times of holding said courts in the several counties thereof, for the year A. D. 1875, in accordance with said section of the code, as by act amended. Approved March 7th, 1874. CHAPTER 13. BURGLAR TOOLS OR IMPLEMENTS. AN ACT for the Punishment of Persons having in their Possession H. F. 220. or imple demeanor. SECTION 1. Be it enacted by the General Assembly of the Possession of State of Iowa, That if any person shall be found, having in his burglar tools possession at any time any burglar tools or implements, with intent ments a misto commit the crime of burglary, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by Penalty. a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, and it shall be the duty Court to reof the court before whom such conviction is had to retain possession of such burglar tools or implements, to be used in evidence in any court in which said person is tried. Approved March 10th, 1874. tain same. |