Certificate of amount in hands, required. SEC. 4. The treasurer or other officer of any state institutions authorized to draw any appropriation made by the General Assembly shall forward with the requisition for the same a certified statement of the amount of funds then in his hands and the sum or sums required for expenditure as provided by the act making such appropriation within thirty days from the time of making such requisition and such treasurer or other officer shall in the printed report made by the board or other body in charge of such institution to the Governor or General Statement to Assembly make a verified statement showing the dates and sums drawn by such requisitions and the total amount of such money actually paid out by him for each month of the biennial period. be embodied in report. Publication. SEC. 5. This act being deemed of immediate importance shall be in force and effect from and after its publication in the Iowa State Register and the Des Moines Leader, newspapers published at Des Moines, Iowa. Approved April 15, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 26 and Des Moines Leader April 30 1890. FRANK D. JACKSON, Secretary of State. S. F. 377. Sec. 312 amended. Rate of levy to pay debt in Twentyfive years. Bonds due at different periods. Repealing clause. CHAPTER 32. ISSUING BONDS BY COUNTIES. AN ACT to amend Section 312 of the code in relation to issuing bonds by counties in certain cases. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Section 312 of the code, be and is hereby amended by adding thereto after the word "years" in the fourth line therein the following: "Provided." That in Counties having a population of forty thousand or over and where it is proposed to expend One Hundred Thousand Dollars, or over, the rate of levy shall be such as to pay the debt in not exceeding Twenty five years. SEC. 2. In issuing Bonds for such indebtedness when voted, the Board of Supervisors may cause portions of said bonds to become due at different definite periods. But none of such bonds so issued shall be due and payable in less than Five or more than Twenty Five years from date. SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 4. This act being deemed of immediate importance Publication. shall take effect and be in force from and after its publication in the Iowa State Register and the Des Moines Leader and the Dubuque Herald; Newspaper of general circulation in this State. Approved April 24, 1890. I hereby certify that the foregoing act was published in the Iowa CHAPTER 33. INSURANCE. AN ACT to prevent discrimination in Life Insurance. H. F. 407. tion prohib Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That no life insurance company doing business Individual in Iowa shall make or permit any distinction or discrimina- discrimination in favor of individuals between insurants of the same ited. class and equal expectations of life in the amount or payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contract it makes; nor shall any such company or any agent thereof make any contract of insurance or agreement as to such contract, other than is plainly expressed in the policy issued thereon; nor shall any such company or agent pay or allow, or offer to pay or allow, as inducement to insurance any rebate of premium payable on the policy, or any special favor Advantages or advantage in the dividends or other benefit to accrue not named in policy prohibthereon, or any valuable consideration or inducement what- ted. ever not specified in the policy contract of insurance. SEC. 2. Every corporation or officer or agent thereof who Penalty for shall willfully violate any of the provisions of this act, shall be violation. fined in any sum not exceeding five hundred dollars ($500) to be recovered by action in the name of the State and on collection paid into the county Treasury for the benefit of the common school fund, and a revocation of the license for three years. SEC. 3. This act being deemed of immediate importance Publication. shall be in force from and after its publication in the Leader and Register, newspapers published in Des Moines, Iowa. Approved April 17, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 24; and the Des Moines Leader April 1890. FRANK D. JACKSON, Secretary of State. S. F. 51. Parts of Chap. 50 acts 15 G. A., Chap. 70 acts 16 G. A.. 17 G. A.. Chap. Chap. 80 acts 92 acts 18 G. A. Chap. 9 acts 20 G. A. repealed. Unlawful to take fish ex and line. Spearing. CHAPTER 34. PRESERVATION OF FISH. AN ACT for the Protection and Preservation of Fish and Repealing ing Sections 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11 of Chapter 50 Acts of the 15th General Assembly, Chapter 70 Acts of the 16th General Assembly, Sections 3, 5, 6, 7 and 8 of Chapter 80 Acts of the 17th General Assembly, Chapter 92 Acts of the 18th General Assembly and Chapter 9, Acts of the 20th General Assembly. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Sections 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11 of Chapter 50 of the Acts of the 15th General Assembly, Chapter 70, Acts of the 16th General Assembly, Sections 3, 5, 6, 7 and 8 of Chapter 80 Acts of the 17th General Assembly, Chapter 92 Acts of the 18th General Assembly, and Chapter 9 Acts of the 20th General Assembly, be and the same are hereby repealed and the following enacted in lieu thereof. SEC. 2. It shall be unlawful for any person to take from teht by any of the waters of the state any fish in any manner except by hook and line; except that it shall be lawful for any person to take minnows for bait with a seine that does not exceed five yards in length. Also that it shall be lawful to take buffalo and suckers by spearing between the First day of Nov and the First day of March following. The word minnows as used herein does not include or apply to young bass, pike, crappies, trout, salmon, or fry of any game fish, either native or foreign; and all such fish, either young or adult, so taken, shall be immediately returned to the waters from whence taken. It shall be lawful for the state fish commissioner to take from any of the public waters in any manner any fish for the purpose of propagation or restocking other waters. Returned to waters. Salmon, trout, bass, den. SEC. 3. It shall be unlawful for any person to catch or pike, croppies take from any of the waters of the state any salmon or trout time forbid between the first day of November and the first day of April following, or any bass, pike crappies or any other game fish between the first day of Nov. and the 15th day of May following in each year, in any manner whatsoever. Unlawful to buy, sell or SEC. 4. It shall be unlawful for any person, company or offer for sale. corporation to buy, sell or offer for sale or have in his or their possession for sale or transportation any fish which shall have been taken in violation of sections 2 and 3 of this act. Violation fined $10 to $50. SEC. 5. Any person found guilty of a violation of the preceding sections of this act shall upon conviction before any justice of the peace, mayor of any incorporated town or city traps or unlawful. or any court of record within the county in which such offense is committed, be fined not less than ten nor more than fifty Dollars and stand committed until such fine and costs are paid. SEC. 6. No person shall place, erect or cause to be placed Trot lines, or erected, in or across any of the rivers, creeks, lakes, or obstructions ponds or any outlets or inlets thereto any trot line, seine, net, weir, trap, dam or other obstruction in such manner as to hinder or obstruct the free passage of fish up down or through such water course for the purpose of taking or catching fish unless the same be done under the supervision of the fish commissioner, except minnows as provided in Section 2 of this Act. explosives, SEC. 7. No person shall place in any of the waters of the Use of drugs, state any lime, ashes, drug, or medicated bait or shoot any etc., unlawgun or use any dynamite, gun cotton, giant powder or other ful." explosive or any electrical machine or device with the intent thereby to kill, injure, poison, stupify or catch fish. fined $5 to $100. SEC. 8. Any person found guilty of a violation of Sections Violation six or seven of this act shall, upon conviction before any justice of the peace, Mayor of any incorporated town or city, or any court of record in the county in which such offense is committed, be fined not less than twenty-five dollars nor more than one hundred dollars, and stand committed until such fine is paid. And any seine, net, trap or other device used in vio- Device used lation of Section Six or Seven of this act may be seized and seized and dedestroyed by order of the court before whom such action may be brought. stroyed. formant un der sections SEC. 9. In all prosecutions under Sections 2, 3, 4, 5 and Fee to in13 of this act the person filing the information shall be en- der sections titled to a fee of five dollars which shall be taxed as costs 2, 3, 4, 5, 15. against the person, company or corporation so convicted, and in all prosecutions under Sections 6, 7, and 8 of this act the Fee to inpersons filing the information shall be entitled to a fee of ten formant undollars, which shall be taxed as costs, as above provided, but 6, 7, 8. in no case shall the fee of the informant be paid out of the county treasury. Any fish found in the possession of any person, company or corporation taken in violation of the preceding sections shall be seized and sold for the purpose of paying the costs in the case. er's premises. SEC. 10. Persons raising or propagating fish on their own Fish on own premises or owning premises on which there are waters having no natural outlet or inlet through which such waters may become stocked or replenished with fish from public waters, shall absolutely own such fish as they may contain, and any person taking or attempting to take any fish therefrom without the consent of the owner or his agent shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be Penalty for fined not less than five dollars nor more than twenty-five dollars, or imprisoned in the county jail not more than thirty trespass. Certain riv days and shall be liable to the owner of the fish in damages, in double the amount of damages sustained, the same to be recovered in civil action before any court having jurisdiction over the same. SEC. 11. Nothing herein contained shall be held to apply ers excluded. to fishing in the Mississippi the Missouri or the Big Sioux rivers nor so much of the Des Moines river as forms the boundary between the states of Missouri and Iowa. Enforcement by Commissioner. Opinion of SEC. 12. It shall be the duty of the fish commissioner to see that the provisions of this act are enforced and for that purpose he shall have the right to call to his assistance any proecuting attorney to prosecute all violations of this act in the county where such violations occur. When requested by the Fish Commissioner, the Attorney Atty. Gen'l. General shall give his opinion in writing upon all questions of law pertaining to his office. Nothing in this act shall be construed as prohibiting any citizen from instituting legal proceedings for the enforcement of any provision hereof. Unlawful to stream. SEC. 13. It shall be unlawful for any person to fish for or fish in stocked catch in any manner any fish in any stream in this State which has been stocked with breeding trout-one or two years old-by this State or the United States Fish Commission for Notice posted. One year from date of said stocking, provided notice of said stocking is posted by authority of the State Fish Commissioner whenever a public highway crosses such stream. Penalty. Repealing clause. Publication. Any violation of this section shall be subject to the penalties prescribed in section 5 of this act. SEC. 14. All Acts or parts of acts, inconsistent or in conflict herewith are hereby repealed. SEC. 15. This act being deemed of immediate importance shall be in force and take effect from and after its publication in the "Iowa State Register" and "Des Moines Leader" newspapers published in Des Moines, Iowa. Approved April 1st, 1890. I hereby certify that the foregoing act was published in the Iowa State Register and Des Moines Leader April 4, 1890. FRANK D. JACKSON, Secretary of State. |