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Ch. 38.]

CHAPTER XII.

[H. F. 6.

MECHANICS' LIEN.

AN ACT to Amend Chapter Seventy-nine of the Revision of 1860,

creating Mechanics' Lien, and to Secure to Mechanics and'
boring Men upon Internal Improvements their Wages.

contractor, &c., deemed to have

SECTION 1. Be it enacted by the General Assembly of Railroad owner. the State of Iowa, That every owner, company, contractor, and sub-contractor upon any railroad in this State notice, when. shall be deemed to have the notice provided for by section 1847 of the Revision of 1860 for a period of sixty Rev, : $ 1847.. days from the last day of the month in which such labor was done, or material furnished, during which period any person who has performed such labor or furnished such material may file a lien with the clerk of the district When lien may court, as provided in chapter seventy-nine of the Revis- be will ion of 1860 and the amendments to said chapter, which lien shall be binding upon the erection, excavation, em- Extent of lien. bankment, bridge, road-bed, or right of way, and upon all land upon which the same may be situated, to the full value of such labor or material, in the county in which the lien is filed : Provided, In case the lien is sought to be en- Limit of liability. forced against the owner, the liability shall not be greater than his liability would have been to the contractor at the time the labor was performed or material furnished ; and provided, further, that the liability of the owner, in case actual notice shall be given after the sixty days, shall be the same as now provided by law.

Sko. 2. This act, being deemed of immediate impor- Act in force when tance, shall take effect and be in force from and after its publication in the State Register and Iowa Homestead.

Approved, March 12th, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, March 14, 1872, and in The Iowa Homestead, March 22, 1872.

ED WRIGHT, Secretary of State.

Ch. 39 ]

CHAPTER XIII.

[H. F. 40.

IN RELATION TO CONSTRUCTION AND REPAIR OF ROADS.

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AN ACT to Authorize Incorporated Towns to aid in the Construc

tion and Repair of Roads leading thereto.

vote part of road tax to roada leading thereto.

dent tax-payers

question,

eof, reads leading thereconstruction or repair tha

SECTION 1. Be it enacted by the General Assembly Towns may de- of the State of Iowa, That it shall be lawful for any intax to roads lead- corporated town to aid in the construction and repair of

any road or roads leading thereto by appropriating therefor a portion of the road-tax belonging to said incorporated town, not exceeding fifty per cent. thereof annually, as hereinafter provided.

SEC. 2. Whenever a petition shall be presented to Upon petition of the council of any incorporated town signed by one-third one-third resic, of the resident tax-payers of said town, asking that the council to submit question of aiding in the construction or repair of any

road or roads leading thereto be submitted to the voters

thereof, it shall be the duty of the council of said town to Special election, immediately give notice of a special election by posting

five notices in five public places in said town at least tea days before said election, which notice shall specify the time and place of holding said election, the particular road or roads proposed to be aided, the proportion of the ! oad-tax then levied and not expended, or next thereafter to be levied, to be appropriated, at which election the question of “ Appropriation,” or “ No appropriation,” shall be submitted, and if a majority of votes polled be for

" Appropriation,” then the council of such incorporated Council author- town shall be authorized and empowered to aid in the

construction and repair of said road or roads to the extent of said appropriation, in the same manner as they other

wise would, were said road or roads within the corporate No expenditure limits of said town : Provided, That no part of said miles from town, road-tax shall be appropriated or expended outside of two

miles from said town.

Sec. 3. This act shall take effect and be in force from In force when. and after its publication in the Daily State Register and

Iowa State Leader, newspapers published at Des Moines,
Iowa.

Approved, March 12th, 1872.

ized to aid.

I hereby certify that the foregoing act was published in the Daily Iowa State Regi:ter, March 14, and in the Iowa Stute Leader, March 21, 1872.

ED WRIGHT, Secretary of State.

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be discharged in the neighborhood

ures;

ized.

SECTION 1. Be it enacted by the General Assembly Fire-arms not to of the State of Iowa, That it is hereby declared to be a big misdemeanor for any hunter, or other person, knowingly to of stock inclosdischarge fire-arms of any description, within or in the immediate vicinity of any inclosure where cattle, hogs, or sheep are being fed for the purpose of fattening the same, or for any such hunter or other person to enter such in- . closure with fire-arms, game, or dog, unless such hunter unless authoror other person shall be the owner of said stock, or shall have control of the same, or shall have permission from such owner, or the person having control thereof, or shall be in lawful possession of the premises where such firing is done.

SEC. 2. Any person violating the provisions of the Violation a foregoing section, may be arrested by any person having personal knowledge of such violation, and taken before any justice of the peace, or other competent officer, in the county in which the offense was committed; and an information shall then be filed as in other cases of misdemeanor, and, upon conviction thereof, such person shall be fined in a sum not less than ten nor more than one hundred dollars Penalty. and costs of suit, or may be imprisoned in the county jail not exceeding thirty days.

Sec. 3. This act shall be in force from and after its In force when. publication in the Iowa State Register and the Des Moines Leader, newspapers published in Des Moines, Iowa.

Approved, March 12th, 1872.

misdemeanor,

ved, papers published Register and tm and after it

I hereby certify that the foregoing act was published in the Daily Iowa State Register, March 14, and the Daily State Leader, March 14, 1872.

ED WRIGHT, Secretary of State.

Ch. 42.]

CHAPTER XV.

[H. F. 141.

WAR-CLAIMS COMMISSION TERMINATED.

MARCH 13.

AN ACT to Repeal Certain Laws relating to the Prosecution of the

Claims of this State against the Federal Government.

1869 : ch. 103, repealed,

report.

SECTION 1. Be it enacted by the General Assembly of 1866: ch. 95, and the State of Iowa, That chapter ninety-five of the acts of

the Eleventh General Assembly, entitled “An act to “provide for the settlement of certain claims against the “General Government,” and chapter one hundred and three of the acts of the Twelfth General Assembly, entitled "An act to amend chapter ninety-five of the acts 6 of the Eleventh General Assembly, entitled “ An act to

666 provide for the settlement of certain claims against the Proviso : final 6 General Government,”” are hereby repealed: Ž'rovided,

That the commissioner therein named shall, on or before the first day of April, 1872, render a full and final account of his doings under said laws, to the Auditor of State,

together with a list of vouchers and of claims remaining Proviso : per-; unsettled; And provided, further, That the Auditor may centage on future allow to said commissioner two per cent. on all war-claims

which shall be adjusted by him and paid to the State after the passage of this act.

Sec. 2. Nothing in this act contained shall be conCommissioner strued to cancel or discharge any liability of said comfrom liability missioner to the State incurred under the acts hereby

repealed.

Sec. 3. This act shall be in force and have effect In force when. from and after its publication in the Daily Register and in

The Review, newspapers published at Des Moines.

Approved, March 13th, 1872.

Noise of thied by", per ceshat the

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not discharged

heretofore incurred.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, March 15, and The Iowa Review, March 16, 1872.

ED WRIGHT, Secretary of State.

Ch. 43]

CHAPTER XVI.

[H. F. 280.

APPROVAL OF BONDS OF COUNTY OFFICERS.

AN ACT to Authorize Circuit Judgee to Approve the Bonds of March 16.

County Officers in certain Cases.

bond may be ap

SECTION 1. Be it enacted by the General Assembly County officers's of the State of Iowa, That whenever the board of super-bena

.0 super proved by circuit visors of any county in this State have refused, or shall judge, when. hereafter refuse or neglect, to accept, the bond of any county officer elect, such officer may present such bond to the judge of the circuit court, in whose circuit such county is situated, for approval; and upon such presentation it shall be the duty of such judge to fix a day for hearing as to the sufficiency of such bond.

Sec. 2. It shall be the duty of the officer aggrieved to Notice to board. serve notice of the time of such hearing upon the chairman of the board of supervisors, or, in case of his absence from the county, upon some other member of such board whose action is complained of, and such notice being returned to the judge before whom the hearing is to be had, with proof of service indorsed thereon, such judge shall at the time fixed, unless good Hearing. cause for postponement be shown, proceed to hear and determine the sufficiency of such bond, and, if satisfied that the same is sufficient, he shall approve the same, and such approval shall have the same force and effect in Efect of approevery respect as though the same had been approved by val. the board of supervisors at the time of its presentation to such board for approval.

Sec. 3. This act, being by the General Assembly In force, when. deemed of immediate importance, shall take effect and be in force from and after its publication in the Daily State Register and Daily State Leader, newspapers published at Des Moines, Iowa.

Approved, March 15th, 1872.

thereo for pphe sult suffici ha

I hereby certify that the foregoing act was published in the Daily Iowa State Register, March 16, and in the Daily State Leader, March 18, 1872.

ED WRIGHT, Secretary of State.

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