Notice of ated. Notice of such petition shall be served upon the guardian in such manner and for such length of time as the Court or Judge may direct, requiring the guardian to answer such petition at or before a time to be fixed in said notice. If the denial filed. guardian shall file an answer denying the allegations of the petition, the court or Judge shall try the issue, unless the person under guardianship shall demand a Jury trial in which event the issue shall be tried in court by a jury as speedily as may be practicable. The costs of such proceeding shall be paid by the ward, unless the Court or Judge shall enter Judgment terminating the guardianship, and shall find that the guardian resisted the petition therefor without reasonable taxed to ward cause, in which event the court or Judge may tax the costs or or guardian. any part thereof against the guardian. Jury trial. Cost when When ter- If any petition for terminating the guardianship shall be denied, no other petition shall be filed to terminate the guardianship until at least four months shall have elapsed since the denial of the former petition. Approved May 1st, 1890. S. F. 60. Chap. 60 acts 16 G. A. re pealed. Persons hav calling or CHAPTER 43. ARREST TRIAL AND PUNISHMENT OF TRAMPS. AN ACT relating to tramps, their arrest, trial and punishment, and prescribing penalties for violation of this Act, and repealing. Chapter 69, Laws of the Sixteenth General Assembly. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That chapter 69, laws of the sixteenth general assembly, is hereby repealed. SEC. 2. Any male person sixteen years of age or over, ing no visible who is physically able to perform manual labor, and is a vagrant within the purview of section 4130 of the code, who is wandering about practicing common begging, or is wandering about having no visible calling or business to maintain himself and unable to show reasonable efforts and in good faith to secure employment shall be deemed a tramp. tramp. If convicted punished by ment. Intimidation. SEC. 3. Any person convicted of being a tramp shall be punished by imprisonment at hard labor in the county jail not exceeding ten days, or by imprisonment in such jail in solitary confinement not exceeding five days. SEC. 4. Any tramp who shall watonly or maliciously, by means of violence, threats, or otherwise, put in fear any inhabitant of this state, or who shall enter any public building, Entering house, barn or out-building belonging to any other person, another. property of with intent to commit some unlawful act, or who shall carry carrying fireany fire-arm or other dangerous weapon, or who shall inde- arms. cently expose his person, or who shall be found drunk and Exposure of disorderly, or shall commit any offense against the laws of person. this state for which no greater punishment is provided, shall, be guilty of a misdemeanor and on conviction thereof, shall be punished by imprisonment at hard labor in the county jail Penalty. not exceeding thirty days, or by imprison:nent in such jail in solitary confinement not exceeding ten days, nor less than three days. more than one SEC. 5. If two or more tramps shall assemble or congre- Fees where gate together within this state, they shall be tried jointly by are tried. the court before whom they shall be brought and the justice of the peace, mayor or police magistrate shall only be entitled to fees as in proceedings for the arrest and trial of one person. SEC. 6. The Board of Supervisors shall at their regular Fees fixed by meeting held in June of each year fix the compensation to be Boards of allowed to the officers under this act. To the trial magistrate not exceeding two dollars and to the peace officer for all service, except making arrest, not more than one dollar and mileage as now allowed by law and for making arrest the same fee as now allowed for similar service in other cases. Supervisors. SEC. 7. It shall be unlawful for any sheriff, or the keeper Duty of jail of any jail to permit any person convicted under this act to keeper. have or possess any tobacco, intoxicating liquors, sporting or illustrated newspaper, cards, or any other article of amusement or pastime, or to permit such person to be kept or fed otherwise than stated in the commitment, and any sheriff or keeper of any jail, or other person who shall in any manner Punished for knowingly violate this section, shall, upon conviction thereof, neglect of be punished by a fine not exceeding one hundred dollars, nor less than twenty-five dollars. duty. act. SEC. 8. Any officer or magistrate who shall conspire with Conspiracy to any other officer or person for the purpose of increasing the evade this emoluments of his office, or for any other unlawful purpose, to evade the provisions of this act, or who shall, with such intent, in any manner, or by any means, encourage such tramp to remain within his bailiwick or jurisdiction, or to come within the same, shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars, and for same. shall be committed until said fine and the costs in said trial are paid, but not to exceed thirty days. Punishment kept at hard SEC. 9. It shall be the duty of the sheriff or keeper of any Tramps to be jail, under the direction of the board of supervisors, as pro- labor. vided in chapter 153. of the laws of the twenty-first general assembly, or as otherwise provided by law, to keep all persons sentenced to imprisonment at hard labor in such jail under Tramps may be worked on streets. Refusal to work punished. Food. No compensa lowed hereafter for this act, at work according to law, doing such work as the SEC. 10. Any tramp who has been duly sentenced to hard SEC. 11. Hereafter no sheriff or jailor shall receive, and tion to be al- no board of supervisors shall allow, any compensation for keeping or boarding any tramp in the jail or any other place tramps board. of any county in this state, unless such tramp shall have been duly arrested or committed under the provisions of this act; provided, that the board of supervisors of each county shall have power to furnish one night's lodging only for apparently deserving persons and provided farther that all such persons who are sick or disabled, may be cared for as the necessities of the case demand. And all county officers shall comply cers to com- with the requirements of the board of supervisors in relation to the persons mentioned in this section. Approved May 3rd, 1890. County offiply. S. F. 410. Annual meet tion of offi cers. CHAPTER 44. ENCOURAGEMENT OF HORTICULTURE AND FORESTRY. AN ACT to amend Chapter 25 of the laws of the Fourteenth Gen- Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Chapter Twenty-five of the laws of the ings for elec- Fourteenth General Assembly be amended by striking out Article thrée and inserting in lieu thereof the following: "Said society shall hold its annual meeting each year for the transaction of its business at such time as may be fixed by said society, at which meeting officers shall be elected as follows: A president, vice-president, secretary, treasurer and librarian, board of who shall serve one year. The society shall also elect one- Election of half of a board of directors, the full board not to exceed directors. twelve in number, who shall serve two years, except vacancies on the board may be filled for the unexpired term.' Approved May 3d, 1890. CHAPTER 45. ESTABLISHING LABOR DAY AS A HOLIDAY. AN ACT to amend Section 2094 of the Code of 1873, establishing S. F. 5. "Labor Day" as a legal holiday. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 2094 of the Code of Iowa is Labor Day hereby amended by inserting therein, after the words "4th established. day of July," the following:-"the first Monday in September, to be known as "Labor Day"; Approved April 5th 1890. CHAPTER 46. ESCAPE SHAFTS IN COAL MINES. AN ACT to amend section 9, Chapter 21, Acts of the 20th General S. F. 185. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Section 9, Chapter 21, of the Acts of the Twentieth General Assembly, as amended by Section 2, Chapter 56, Acts of the Twenty-second General Assembly, be so amended as to read as follows: Section 9. In all mines there shall be allowed one year to make outlets as provided in Section 8, when such mine is under two hundred feet in depth, and two years when such mine is over two hundred feet in depth; but not more than twenty men shall be employed in such mine at any one time until the pro Chap. 21, acts 20 G. A., Chap. 56, acts 22 G. A. amended. Time allowed to make outlets. Number of men em ployed. Abandoned mines. Ten men may at all times. visions of section eight are complied with; [provided that in the case of mines over two hundred feet in depth, there shall be allowed three years on the condition that during the third year not more than ten men shall be employed in such mine at any one time and provided further, that in cases where the two years shall already have expired, a third year shall be allowed after the taking effect of this Act;] and after the expiration of the period above mentioned should said mines not have the outlets aforesaid, they shall not be operated until made to conform to the provisions of section eight. And provided further, that this act shall not apply to mines where the escape way is lost or destroyed by reason of the drawing of pillars preparatory to the abandonment of the mine; provided that not more than twenty persons shall be employed in said mine at any one time. SEC. 2. And provided further, that ten men or less may be employed be lawfully employed in any coal mine without reference to the provisions of this or any other act. Approved April 17, 1890. ᏟᎻᎪᏢᎢᎬᎡ 47. S. F. 372. Labor performed in PROTECTION OF LABORERS. AN ACT to protect laborers and miners for labor performed in developing and working in Coal mines, additional to Chapter 100 Acts of the 16th General Assembly and Chapter 179, Acts of the 20th General Assembly. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Every laborer or miner who shall perform labor in opening and developing any coal mine, including sinking shafts, constructing slopes, or drifts, mining coal and the like, mines a lien shall have a lien upon all the property of the person, firm or opening and developing upon the property. corporation, owning, constructing or operating such mine, used in the construction or operation thereof, including real estate, buildings, engines, cars, mules, scales and all other personal property, for the value of such labor for the full amount thereof, upon the same terms with the same rights and to be secured and enforced as mechanics' liens are secured and enforced. |