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judge may enjoin

contract.

uire opere of anyon of any pro aforesaid,

pal corporations.

clusive.

Sec. 6. Any court or judge, in this State, to whom Any court or application shall be made, shall at the suit of any municviolation of act or ipal corporation, as aforesaid, restrain, by injunction, the

violation of any provisions of this act, or of the provisions Bonds not re- of any contract as aforesaid; and in such proceeding, it quired of munici- shall not be necessary for such municipal corporation

to give a bond.

Seo. 7. The remedies provided for in this act shall not Remedies not ex. be construed to be exclusive.

Seo. 8. Any order, decree, or judgment, made by any

of court, in pursuance of any of the provisions of this act, order of court. shall be enforced in the usual manner.

Sec. 9. The words “railroad company, or companies," Construction of in this act, shall be construed to mean, also, the officers,

agents, or employees of such company, or companies.

SEO. 10. This act, being deemed by the General AsIn force when. sembly of immediate importance, shall take effect and be

in force from and after its publication in the State Register, a newspaper published at Des Moines, Iowa, and in the Council Bluffs Nonpareil, a newspaper published at Council Bluffs, Iowa.

Approved, February 26th, 1872.

Enforcement of

tems,

I hereby certify that the foregoing act was published in the Daily Iowa State Register, February 27, and in The Daily Nonpareil, of Council Bluffs, February 29, 1872.

ED WRIGHT, Secretary of State.

Ch. 24.)

CHAPTER. VII.

[H F. 74.

CITY AND TOWN MARSHALS AND POLICE.

FEBRUARY 28. AN ACT to Amend Section 1103 of the Revision of 1860.

amended,

SECTION 1. Be it enacted by the General Assembly Revision : $ 1108 of the State of Iowa, That section 1103, of the Revision

of 1860, is hereby amended by striking out of the second

line of said section the following words: “A City MarMarshals and “shal, who shall hold his office for one year," and by adding

Co to said section the following words, to-wit: “In all such towns and second “ cities, and in all incorporated towns having a population

sof one thousand inhabitants and upwards, the marshal, “ deputy marshal, and police shall be elected by the town

police to be elected by councils of

class cities.

6 or city council, or trustees," and said officers so elected shall hold their office during the pleasure of said council or town trustees.

SEO. 2. This act, being deemed of immediate impor- In force when. tance, shall take effect from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers printed and published in Des Moines, Iowa.

Approved, February 28th, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, February 29, and in the Iowa State Leader, March 1, 1872.

ED WRIGHT, Secretary of State.

Ch. 26.]

CHAPTER VIII.

[S. F.131.

REGULATING APPEALS TO THE SUPREME COURT.

AN ACT to Regulate Appeals to the Supreme Court of Iowa.

Marca 7.

When Sup. Court

omotion, wall contathe appead the stanno

SEOTION 1. Be it enacted by the General Assembly of the State of Iowa, That in cases wherein the appellant op

s Wпегеп пе арреаrt оr Judgе mау fix has perfected his appeal to the Supreme Court, and the condition, &c,

of appeal-bonds. clerk of the district or circuit court has unjustly refused to approve the appeal-bond offered, or makes the penalty therein too large, or the conditions thereof unjust, the appellant may move the Supreme Court, if in session, or in its vacation, on such written notice to the appellee as the Judge may prescribe, may move any Judge thereof, to determine the conditions, fix the penalty, and approve the appeal-bond. The motion, verified by the affidavit of the Statement of appellant or his attorney, shall contain a brief statement appellant. of the nature of the action in which the appeal was taken, of the judgment or order appealed from, of the steps taken by the appellant with reference to his appeal, and of his giving, or offering to give, an appeal-bond, of the action of the clerk of the court below with reference to such bond, and wherein he has acted wrongfully; and if the Supreme Court, or any Judge thereof, consider that the clerk has made unjust conditions in the bond, or the pen- Action of court or alty thereof too high, or has wrongfully refused to approve the same, such Court or Judge shall issue an order prescribing the conditions of the appeal-bond, fixing the

bond, ourt, or anet conditiopongfully, Jl. issue annor the

judge.

order stay.

penalty thereof, and either approve it or direct the Clerk of the Supreme Court so to do, which bond shall be filed

with the officer last named. The Supreme Court, or Judge Same may order thereof, may order that all or any part of the papers and production of records in the cause appealed, or certified copies thereof, papers, and may

be produced on the hearing of such motion, and pending the disposition thereof may make an order staying the

enforcement of the judgment or order appealed from, and Efect of order. on such terms as are just. The order, if made by a Judge,

shall be in writing and signed by him, and upon the service thereof, or of a certified copy when made in Court, upon the clerk of the court below, all proceedings in the court appealed from shall be stayed, and all orders, processes, execution, or other papers issued therefrom, shall be recalled, and the appellant be placed in the same condition that he was in when the judgment or order appealed from was made or rendered.

SEC. 2. This act, being deemed of immediate imporIn force when. tance, shall take effect and be in force from and after its

publication in the State Register and Daily State Leader, newspapers published in Des Moines, Iowa, anything in the statutes of Iowa to the contrary notwithstanding.

Approved, March 7th, 1872.

Stay.

I hereby certify that the foregoing act was published in the Daily Iowa State Register and Daily State Leader, March 8, 1872.

ED WRIGHT, Secretary of State,

CH. 27.]

CHAPTER IX.

[H. F.123.

COURT EXPENSES IN CASES OF CHANGE OF VENUE.

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AN ACT Providing the Manner in which the Fees of Jurymen an :

County Expenses shall be paid, in cases of Changes of Venue.

In change of venne in civil

in trial.

SECTION 1. Be it enacted by the General Assembly

of the State of Iowa, That in all civil cases, which are cases, judge to taken by change of venue for trial to any county other than certify number of days occupied that in which they are properly commenced, where the

trial thereof takes place at a regular term, and occupies more than one calendar day, the judge trying said case shall certify the number of days so occupied, and the county in which the case tried was originally commenced shall be liable to the county where the same is tried for

am't of expenses,

the sum of two dollars per day for each juryman engaged Am't of liability. in the trial thereof.

SEC. 2. Where a special term of any court is held for Court to certify the trial of any civil cause or causes pending therein by at special term. change of venue, the court trying the same shall make out and certify the amount of county expenses incurred in the trial of each case, and the same shall be a legal and valid claim against the county in which the case was originally properly commenced.

SEO. 3. This act, being deemed of immediate impor- In force when. tance, 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 7th, 1872.

the lid elaroperty his act et au

I hereby certify that the foregoing act was published in the Daily Iowa State Register and Daily State Leader, March 9, 1872.

ED WRIGHT, Secretary of State.

Ch. 29.]

CHAPTER X.

[S. F. 113.

· LOCAL TAXES TO BUILD RAILROADS.

AN ACT to Amend Section Five, Chapter Eleven, Laws of the MARCH 7.
Fourteenth General Assembly of the State of Iowa.

1.

5 amended,

delinquency of

SECTION 1. Be it enacted by the General Assembly of the 1872: ch. if, sec: State of Iowa, That section five of chapter eleven [ch.ii.] of the laws of the Fourteenth General Assembly be amended by adding thereto the following proviso: Provided, how- 1870 : ch. 102. ever, That where any railroad company had, prior to the passage of said act, filed the proof and evidence required 60 days, notice of in sections two and three of chapter one hundred and two, R, K, tas not to laws of the Thirteenth General Assembly, the county be given when. treasurer and township collectors shall not give the sixty days' notice required in section five of said act.

SEO. 2. This act, being deemed of immediate impor- In force when. tance, 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 7th, 1872.

I hereby certify that the foregoing act was published in the Daily Torou State Register and Daily State Leader, March 9, 1872.

ED WRIGHT, Secretary of State.

Ch. 37.]

CHAPTER XI.

[H. F. 13.

DEFINING THE TERM “ NEWSPAPER."

MARCH 12.

AN ACT Defining the Meaning of the Term “Newspaper," as used

in Chapter One Hundred and Eighteen of the Acts of the Eleventh General Assembly.

publishing laws

where,

Proviso.

Must have a

county where published,

SECTION 1. Be it enacted by the General Assembly of “ Newspapersthe State of Iowa, That the term “newspaper," as used must be printed in chapter 118, of the acts of the Eleventh General

Assembly, shall be held to apply only to such newspapers 1866 : ch. 118.

as are actually printed and issued in the counties by whose boards of supervisors they are selected to publish the proceedings of the several sessions of the supervisors, and the acts of the General Assembly. Provided, That this act shall not apply to such papers as have one side printed on the co-operation plan: Provided, That one side of such sheets be actually set up, imposed, and the

presswork thereon done in the county where the same are printing-office in dated and issued, in a printing-office actually provided and

equipped with the usual type, chases, presses, and material necessary to print a paper of the size and grade claimed by papers which apply to boards of supervisors for designation under chapter 118, of the acts of the Eleventh General Assembly.

SEO. 2. It shall be the duty of the board of superof visors to seek evidence, under oath, of compliance with

the terms of this act in the case of each paper which applies for designation under chapter 118, of the acts of the Eleventh General Assembly; and it shall be unlawful for any board of supervisors to so select any newspaper that has not complied with the provisions hereof.

Sec. 3. This act to apply to the publication of the acts Application of of the Fourteenth General Assembly as well as of subse

quent General Assemblies, and to be in force from and

after its publication in the Iowa State Register and State In force when. Leader, newspapers published in the city of Des Moines,

Iowa.

Approved, March 12th, 1872.

Duty of board of supervisors.

act.

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

ED WRIGHT, Secretary of State.

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