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CH. 184.]

CHAPTER XCII.

[H. F. 111.

THE STATE LIBRARY.

APRIL 28.

Library.

AN ACT in Relation to the State Library, and the Duties of the
State Librarian.

SECTION 1. Be it enacted by the General Assembly of Trustees of State the State of Iowa, That the Governor, Judges of the Supreme Court, Secretary of State, and Superintendent of Public Instruction shall, by virtue of their office, constitute a Board of Trustees of the State Library, of which the Governor shall be president.

Powers.

Who entitled to take books.

Limitation as to time.

Prohibition.

Attorneys.

Library to be open when.

SEC. 2. The said Trustees shall have full power to make and carry into effect such rules and regulations for the superintendence and care of the books, maps, charts, papers, and furniture contained in the State Library, and for the arrangement and safe keeping of the same, as they may deem proper.

SEC. 3. It shall be the duty of said Trustees to provide in their rules and regulations that any member of the General Assembly, any member or attorney of the Supreme Court, during the session of the same, the judges and attorneys of the courts of the United States, and the heads of departments of State, shall be permitted, under proper restrictions, penalties, and forfeitures, to take from the library any books, excepting such as the Trustees shall determine ought not to be removed therefrom; but none of such persons shall be allowed to take such books or property from the Library without executing a receipt therefor, nor to retain the same more than ten days at a time.

SEC. 4. No books or other property shall be removed from the seat of government, and no person shall be entitled to take from the Library more than two books at the same time: Provided, That during the terms of the Supreme Court of the State, or the federal courts, the judges and attorneys of said courts may be permitted to take and use any number of books needed on the trial of causes, but such books shall not be taken from the seat of government, and shall be returned according to law.

SEC. 5. The State Library shall be kept open every day during the sessions of the General Assembly and of the Supreme Court, and during such other days as the Trustees shall direct, and during such hours as shall be determined by the Trustees.

SEC. 6. The State Library shall be in the custody of State Librarian. the State Librarian, who shall be appointed by the Governor, and who shall hold the office for the term of two years, commencing on the first day of May, and until his successor shall be appointed and qualified. Before entering upon the duties of his office, he shall give a bond, Bond. with good and sufficient surety, in the penal sum of five thousand dollars, in such form as the Governor shall approve, conditioned for the performance of all the duties. required of him by law, and for the observance of all the rules prescribed by the Trustees of the Library.

duties.

SEC. 7. The Librarian shall give his or her personal Attendance and attendance upon the Library during the hours it shall be directed to be kept open, and shall perform such duties as shall be imposed on him by law or shall be prescribed by the rules and regulations of the Trustees.

pay for assistant.

SEO. 8. The salary of the Librarian shall be twelve Salary-no extra hundred dollars per annum, nor shall any extra amount be paid for any assistant librarian.

Catalogue.

SEC. 9. It shall be the duty of the Librarian to prepare a complete.alphabetical catalogue of the Library, to number the books therein, and report the same to the Publication of Governor, who shall cause the same to be published for same. the use of the Library.

labeled.

SEC. 10. It shall be the duty of the Librarian to cause Books to be each book in the Library to be labeled with a printed label, to be pasted on the inside of the cover, with the words, Iowa State Library, with the number of the volume in the catalogue of said Library inscribed on said label, also to write the same words at the bottom of the thirtieth page of each volume. All books that may here- Entry on 80th after be added to the Library shall be labeled in the same manner, and entered on the catalogue immediately on their receipt and before they can be taken therefrom.

page.

taken by mem

SEC. 11. The Librarian shall make report to the Gov- Report of books ernor, five days before the adjournment of any session of bers of General the General Assembly, of the number of books that have Assembly. been taken out of the Library by the members, giving the names of all members that have any books at the date of such report, with the name and number of such book.

pen lies, and

SEC. 12. All fines, penalties, and forfeitures, imposed Recovery of fines, by the rules and regulations of the Library for any vio- forfeitures. lation of such rules and regulations, may be recovered in any proper action or proceeding in the name of the State, before any court of competent jurisdiction; and Disposition of all such fines, penalties, forfeitures, and recoveries shall be applied to the use of the Library, under the direction of the Trustees.

same.

Penalty for inbooks.

SEC. 13. Any person, injuring, defacing, destroying, or losing a book, shall pay to the Librarian twice the value juring or losing of the book, and, if it shall be one of a set, he shall be liable to pay the full amount of the value of the set, and it shall be the duty of the Librarian to prosecute such person on such liability: Provided, That, if such person shall within a reasonable time replace the book so injured or lost, he shall not be liable under this section.

Replacing of books.

Report to the
Governor.

Report to the

General
Assembly.

Librarian to

furnish acade

with certain publications.

SEC. 14. The Librarian shall report to the Governor, whenever required, a list of books and other property missing from the Library, an account of fines and forfeitures imposed and collected, and the amount uncollected, a list of accessions to the Library since the last report, and all other information required by the Governor. He shall also make a full and specific report to the General Assembly on the first day of its regular sessions.

SEC. 15. The Librarian is hereby authorized to deliver to each college, incorporated academy, public library, and mical institutions literary institution of this State, having a number of books not less than three hundred volumes, one copy of the compiled or revised statutes, one copy of the session laws of each General Assembly, one copy of the journals of the Senate and House of Representatives of each sessien, one copy of all documents printed by order of the General Assembly of this State, and the reports of the decisions of the Supreme Court of this State: Pro25 copies to be vided, That twenty-five copies of each of said documents and books be retained in the State Library.

retained in State

Library.

for increase of Library.

SEC. 16. There is hereby appropriated, out of any $1000 annually money in the State treasury not otherwise appropriated, the sum of one thousand dollars annually, to be expended by the Board of Trustees in the purchase of books for the Library.

SEC. 17. Chapters forty-four of the Revision of 1860, Rev.: chap. 44, and one hundred and forty-five of the laws of the Thirand 1870, chap. teenth General Assembly, are hereby repealed.

145, repealed.

SEC. 18. This act, being deemed of immediate imIn force when. portance, shall take effect and be in force from and after its publication in the State Register and the State Leader, newspapers published in Des Moines, Iowa. Approved, April 23, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, and the Daily State Leader, April 26, 1872.

ED WRIGHT, Secretary of State.

CH. 191.]

CHAPTER XCIII.

[H. F. 396.

LEGALIZING CONVEYANCES BY EXECUTORS IN OTHER

STATES.

AN ACT to Legalize Deeds and Conveyances made by Executors. APR 28

land in this

executors quali

of other States,

SECTION 1. Be it enacted by the General Assembly Conveyances of the State of Iowa, That all deeds and conveyances State, now of of lands situated in this State, and now of record in any record, by of the counties of this State, the grantees whereof were filed under laws acting in the discharge of their duties as executors, legalized. duly qualified and authorized by the laws or the or ders of any court of any other State to make deeds and conveyances in accordance with any last will and testament duly allowed and established in any other State, be, and the same are hereby, declared to be legal and valid, the same as if the laws of this State in the matter of the settlement of estates had been fully complied with. Approved, April 23d, 1872.

CH. 192.]

CHAPTER XCIV.

[H. F. 429.

LEGALIZING ROADS ESTABLISHED BY COUNTY JUDGES AND

AUDITORS.

AN ACT Legalizing the Establishment of Roads by County Judges APRIL 23. and Auditors.

established by

established.

SECTION 1. Be it enacted by the General Assembly County roads of the State of Iowa, That all county roads heretofore county judges established by county judges acting as auditors, or by and auditors, to county auditors, by virtue of any supposed or delegated roads properly authority, shall be held and treated as roads, the same as though they had been established by the respective boards of supervisors of the counties in which said roads are located: Provided, That this act shall not affect any litiga- Proviso. tion now pending.

SEC. 2. This act, being deemed by the General As- In force when. sembly of immediate importance, shall take effect and be

in force from and after its publication in the Iowa State Register, and. Iowa State Leader, newspapers published at Des Moines.

Approved, April 23d, 1872.

thereby certify that the foregoing ac' was published in the Daily Tot State Register, April 28, and in the Iowa State Leader, May 2, 1872,

ED WRIGHT, Secretary of State.

CH. 194.]

CHAPTER XCV.

[H. F. 77.

APRIL 28.

Suits against railroad, stage, express, car, telegraph, and

VENUE IN SUITS AGAINST PRIVATE CORPORATIONS.

AN ACT Providing the Place of bringing Suits in certain Cases.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That suits may be instituted against railroad companies, the owners of mail-stages, or other canal companies, line of coaches or cars, including express companies, where brought. Pullman or other car companies, telegraph and canal companies, and the lessees, companies, or persons operating the same, in any county of this State through which the line or road thereof passes, or is operated.

roads, tele

graphs, canals,

etc

may be sued where.

SEC. 2. Companies and persons engaged in the conBuilders of rail- struction and erection of railroads, telegraphs, canals, or other similar works, in this State, may be suedu pon any contract relating thereto, or to any part thereof, or for damages in any manner growing out of the work thereon, in any county where such contract was made, or performed in whole or in part, or where the work was done out of which arose the damages claimed.

SEC. 3. Insurance companies may be sued in any Insurance cos. County, in which is kept their principal place of business, in which was made the contract of insurance, or in which the loss insured against occurred.

where.

SEC. 4. In all of the cases mentioned in the preceding Service of notice. sections, service of notice may be made upon any general agent of such company, person, or lessee, wherever found, or upon any station, ticket, or other agent, of such company, person, or lessee, transacting the business thereof in the county where suit is brought; if there is no such agent in said county, then service may be had upon an

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