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Ch. 103.]

CHAPTER XLIV.

[H. F. 9.

INSPECTION OF COAL MINES.

AN ACT for the Protection of the Life and Health of Miners.

APRIL 12.

Bd, of supervi

having mines to

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the board of supervisors in each and every county in this State, where coal or other sors, in counties minerals are being mined, shall appoint a competent in- appoint an inspector at their first regular session after this act shall spector. take effect, and at their regular session in April of each subsequent year, who shall, before entering upon the duties of his appointment, take an oath for the faithful and impartial discharge of the duties of his office, whose duty it shall be, on the application in writing of the owners, operators, or employees of such mines, to exam- Duty: to examine ine and apply such scientific tests as may be necessary to mines, ascertain the condition of the atmosphere in such mines, as affecting the life and health of employees and miners ; and when he shall be satisfied of the prevalence of chokedamps, (carbonic acid gas,) or fire-damps, (light carbureted hydrogen gas,) in sufficient quantities to jeopardize the health or life of such employees or miners, he shall determine the number and capacity of additional en- and provide trances or shafts, or other means necessary for the proper against accidents. ventilation of such mines, and to afford ingress and egress to such mines in case of explosions, or the falling-in of the entrance or shaft to such mines.

SEO. 2. Said inspector shall receive four dollars per Compensation. · day for the time necessarily employed in the discharge of his duties, to be paid by the owner or owners, operator or By whom paid. operators, of such mines: Provided, That where the miner or miners employed in any mine in this State applies for the inspection provided for in this act, and the inspector decides that the inspection applied for was unnecessary, then, and in that case, the fees to the inspector shall be paid by the person or persons applying for the same: Provided, further, That the claim for services of such inspector shall be subject to the approval of the approve claim. board of supervisors.

SEO. 3. The owner or owners, operator or operators, of such mines, who shall neglect or refuse to make such entrances, or provide such other means, as the said inspect- Liability for or shall in writing notify the owner or operator to be damages. necessary to protect the life or health of such employees

se of ext to afford iary for thonal enpector.cl mines. Ns, or the sand eg

or miners, shall be liable in full damages to said employees or miners, or their families, for any injury resulting from such neglect to such miners or employees.

Seo. 4. The damages contemplated in the foregoing section may be recovered by an action in any court in this State having competent jurisdiction.

Approved, April 12th, 1872.

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Ch. 111.)

CHAPTER XLV.

[H. F. 22.

REGULATING THE IMPROVEMENT OF STREETS AND ALLEYS.

APRIL 12.

AN ACT to Authorize and Regulate the Improvement of Streets

and Alleys, and Repealing certain Laws relating thereto.

and towns em

grading and re

etc.

cill.

SECTION 1. Be it enacted by the General Assembly Councils of cities of the State of Iowa, That the city council or trustees of powered to pro- any incorporated city or town, whether organized under vide for the special charter or under the provisions of chapter fiftypairs of streets, one of the Revision of 1860, and the acts amendatory

thereto, are hereby empowered and authorized to provide, Rev.: ch.51.

by ordinance, for the grading and repairs of any street, avenue, or alley, and construction of sewers, of such incorporated city or town, and shall defray the expense of the same out of the general funds of such city or town;

but no street shall be graded except the same be ordered % vote of coun- to be done by the affirmative vote of two-thirds of such

city council or trustees.

Seo. 2. That the city council or trustees of any such incorporated city or town are hereby empowered and

authorized to provide by ordinance for the constructing of

le- the sidewalks, for the curbing, paving, graveling, or walks and ma- macadamizing of any street, avenue, or alley, or any part streets; of either of the same, and for the constructing of gutters. and may levy And that such city council or trustees shall have full

power and authority to provide by ordinance for the levy of special tax upon the lots or parcels of ground, or any part of either of the same, fronting upon or lying along the street, avenue, or alley, which is to be

improved, or is improved, under the powers conferred by :petition this section, for the purpose of defraying the cost thereof:

Provided, That no permanent sidewalk shall be laid, no before ordering paving, curbing, graveling, or macadamizing of any

street, avenue, alley, or construction of gutters shall be

Councils may provide for construction of side

cadamizing

special tax therefor.

of property owni rs requisite

permanent sidewalks.

of a three

the whole coun

Council to let

Repair of side

ordered to be made, until such city council or trustees shall have presented to them a written petition signed by a number of the owners of property abutting or lying. along the contemplated improvement equal to a majority of the resident owners of such property so abutting or of lying along the contemplated improvement, and subject fourths vote of to assessment for the cost thereof, except when the same til. shall have been ordered to be done by not less than three-fourths of the whole number of members composing such city council or trustees of any such incorporated city or town.

Seo. 3. It shall be the duty of such city council or trustees to order the improvements to be made in conformity with sections one and two of this act, by letting com contracts for doing the work to the lowest responsible countracts. bidder, and bonds for the faithful performance of such work shall be required: Provided, That all bids for such work may be rejected by such council or board of trustees if by them thought to be exorbitant, and new bids ordered.

Seo. 4. Nothing in this act shall be construed to prevent such city council or trustees from requiring, when we needed, the repair of permanent sidewalks, and for assessing the cost of such repairs against the property in front of which such sidewalk is constructed.

Sec. 5. Nothing in this act shall be construed to prevent such city council or trustees from ordering the Temporary sidelaying of temporary plank sidewalks, and requiring the walks; same to be kept in repair ; such temporary sidewalks to be laid upon the natural surface as near as practicable, without regard to grade, until the streets wherein they are laid shall have been permanently improved, and the cost of the same shall not exceed the sum of forty cents per lineal foot; and the cost of the said temporary plank cost; a sidewalk shall be assessed against the property in front of which the same shall be laid.

Suo. 6. All taxes levied or assessed in conformity with the provisions of this act, shall be a lien upon the T real estate, shall bear the same rate of interest, the said real estate may be sold in the same manner at any regular or adjourned sale, with the same forfeitures, penalties, and right of redemption, and deeds shall be made in the same manner and with like effect, as it is now or may hereafter be provided in case of general taxes under the laws of this Štate. Sec. 7. Chapter sixty-five of the Thirteenth General

1870: ch, 65, etc., Assembly,and all other provisions of law, whether general or re special, whereby city or town is authorized to levy special

st; assessed.

Taxes a lien,

repealed.

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taxes for the improvement of streets, are hereby repealed : Provided, That this appeal shall not be held to prevent the completion of any public improvement now ordered or in progress, shall not invalidate any contract, lien or tax now made or levied, or to be levied, in pursuance of such contract, nor to prevent the collection thereof.

Seo. 8. This act, being deemed by the General Assembly of immediate importance, shall take effect and be in force on and after its publication in the Daily Iowa State Register, and Leader, newspapers published in Des Moines, Iowa.

Approved, April 12th, 1872.

In force when.

I hereby certify that the foregoing act was published in the Daily State Leader, April 16, and in the Daily Iowa State Register, April 17, 1872.

ED WRIGHT, Secretary of State.

Ch. 113.]

CHAPTER XLVI.

[H. F. 347.

INDEPENDENT SCHOOL-DISTRIOTS.

APRIL 12.

AN ACT Requiring the Publication of the Receipts and Disburse

ments of the Funds of Independent School Districts, and Estimates for the Future Maintenance of the same.

Boards of direct

statements of finances of districts;

SECTION 1. Be it enacted by the General Assembly of

ct- the State of Iowa, That the boards of directors of the sevcrs to publish eral independent school-districts of this State be, and are

hereby, required to publish, two weeks before the annual school election in such district, by publication in one or more newspapers, if any are published in such district, or by posting up in writing, in not less than three conspicuous places in such independent district, a detailed and specific statement of the receipts and disbursements of all funds expended for school and building purposes for the year preceding such annual election. And the said boards of directors shall also, at the same time, publish in detail an estimate of the several amounts which, in the judgment of such board, are necessary to maintain the schools in such district for the next succeeding school year.

Approved, April 12th, 1872.

also estimates.

Ch. 114.]

CHAPTER XLVII.

[S. F. 27.

DANGEROUS OILS PROHIBITED.

AN ACT to Regulate the Manufacturing, Keeping, and Sale of APRIL 12.

certain Oils.

sale of petroleum

less than 110° F., forbidden.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That no person shall mix for sale Manufacture and naptha and illuminating oils, or shall keep or offer for sale, oil inflammable at or sell, such mixture, or shall keep, or offer for sale, or sell, oil made from petroleum for illuminating purposes, inflammable at a less temperature or fire-test than one hundred and ten degrees, Fahrenheit.

SEC. 2. That any person violating the preceding section of this act, shall be punished for the first offense by Penalty; fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days; and for the second and every succeeding offense by fine not less second offense. than one hundred, and not more than one thousand dollars, or by imprisonment in the county jail not less than thirty days, nor more than twelve months, or by both such fine and imprisonment.

SEO. 3. That any person, or members of any copartnership, or corporation, or clerk, or employee thereof, who Liability for violates section one hereof, and another is injured thereby, a shall be liable to the person so injured for damages occasioned by such violation.

Approved, April 12th, 1872.

damages.

Ch. 115.]

CHAPTER XLVIII.

[S. F. 88.

ACADEMICAL INSTITUTIONS UNDER ECCLESIASTICAL CONTROL.

AN ACT to Amend Chapter Fifty-three of the Revision of 1860, so APRIL 12.

as to permit Corporations in this State of an Academical Charac-
ter, the Membership of which shall consist of the Lay Members
and Pastors of Churches, Delegates to any Synod, Conference, or
Council, holding its annual Meetings alternately in this and one
or more adjoining States, to hold Meetings of the Corporation
for the Election of Officers and the Transaction of Business in
any adjoining State.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any corporation in this State, Corporations of of an academical character, the memberships of which shall an accademical

character may

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