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CA. 163.]

CHAPTER LXXIX.

PTER LXXIX.

[H. F. 296.

WATER-POWER IMPROVEMENTS.

APRIL 20.

tions authorized to take and hold

provement of

purtenen corporation and repa

AN ACT to Promote Water-Power Improvements.

SECTION 1. Be it enacted by the General Assembly of Revision : ch. 52. the State of Iowa, That there is hereby granted to any corporation which shall organize after the passage hereof, in accordance with the provisions of chapter fifty-two of the Revision of 1860, laws of Iowa, for the purpose of Private corporautilizing and improving any water-power within this State, i or in the streams lying upon the borders thereof, the lands for the imright to take and hold, under the provisions of this act, so water-powers. much real estate as may be necessary for the location, construction, and convenient use of its canals, conduits, mains, and water-ways, or other means device or employed in the utilization of such water-power, for any of the purposes in this act mentioned, and for the construction of such buildings and their appurtenances as may be required for the purposes aforesaid. Such corporation may also take, remove, and use, for the construction and repair May, remove of its said canals, water - ways, buildings, and appurtenances, any earth, gravel, stone, timber, or other materials, on or from the land so taken. Com- Compensation for pensation shall be made for the lands and materials so same. taken and used by such corporation, to the owner or owners thereof, in compliance with and in the manner provided in sections one, two, three, four, five, six, and seven, of " An act granting the right of way to railroad com- 4th G. A. :ch. 31. "panies," passed and approved January 18, 1853. And all the provisions contained in the said mentioned sections of the said act, relating to railroad companies, shall be taken and construed to apply to the corporations taking and using lands and materials hereunder. Such use of the lands and materials as aforesaid is hereby declared to be a public use.

Sko. 2. Corporations, so organized as aforesaid, may May raise or lowuse, raise, or lower, any turnpike, plank road, or other highway, for the purpose of having their said canals, waterways, mains, and pipes pass over, along, or under the same; and in such case such corporation shall put such turnpike, plank road, or other highway, as soon as may be, in good repair and condition, for the safe and conven- May construct ient use of the public. And such corporations may con- cane struct and carry their canals, conduits, water-ways, mains, roads, canals, etc.

er highways.

n. canals, etc., over

Proviso: municipal control in

lands,

rations under this act:

or water-pipes across, over, or under any railroad, canal, stream, or water-course, when it shall be necessary for the construction or operation of the same, but shall do so in such manner as not unnecessarily to impede the travel, transportation, or navigation upon, or other

proper use of, such railroad, canal, or stream: Pro

in vided, That the powers conferred in this section must be cities and towns. exercised in cities and towns with the consent and under

the control of the city council[s] or trustees of said municipal corporations.

SEC. 3. Corporations so organized, as aforesaid, are Granted right of hereby authorized to pass (over, Occupy, and enjoy any of way over public the school, University, and saline, or other lands of this

State, whereof the fee, or any use, easement, or servitude therein, is in the public, without making compensation therefor: Provided, No more of such land shall be taken than is required for the necessary use and convenience of such corporation[s].

Sec. 4. Corporations in addition to those composed Powers of corpo- by virtue hereof, and by virtue of the provisions of the

general corporation laws aforesaid, shall have the follow

ing powers : To borrow money for the purpose of conto borrow money structing, renewing, or repairing their works, and to make,

execute, and deliver all such contracts, bonds, notes, bills, mortgages, deeds of trust, and other conveyances, charging or numbering their property, including all and singular their franchises, and the rights, powers, and privileges, which shall be acquired by virtue of the provisions hereof, or any part or parcel hereof; and the grantee of any such corporations, and the purchaser of the said property, franchises, rights, and privileges, and any part thereof, under and by virtue of any judicial sale thereof, shall take and hold' the same as fully and effectually, to all intents and

purposes, as the same were held and enjoyed by such corin poration; to erect, maintain, and operate canals, con

duits, mains, water-ways, mills, factories, and other buildings and machinery, including water-ways, sluices, and conduits, for the purpose of carrying waste water, off from

said premises, to the stream from which the same was to let or lease taken, or other convenient place; to let, lease, or sell and

convey any portion of their water-supply, and any of the buildings, mills, or factories, or machinery aforesaid, for such sums, prices, rents, tolls, and rates, as shall be agreed upon between the parties; to lay down, maintain, and operate such water-mains, conduits, leads, and servicepipes as shall be necessary to supply any building, vilTage, town, or city with water.

and execute mortgages;

to erect and maintain canals, mills etc.;

property ;

to maintain water-works.

utilize and im. prove water

and work com

Sec. 5. Each corporation, organized as aforesaid, shall Authorized to take, hold, and enjoy, the privilege of utilizing and im- p proving the water-power, and the rights, powers, and power. privileges hereby conferred, which shall be specifically mentioned and described in its articles of incorporation": Provided, It shall proceed in good faith to make the Proviso: good improvements and employ the powers in its said articles tait of incorporation mentioned, and shall within two years necesary capital from the date of its organization provide the necessary capital, complete the preliminary surveys, and actually menced, within commence the work of improving and utilizing the water

er; organization, power, and furnishing the supply of water, so mentioned in its articles of incorporation : Provided, also, That said Proviso: work to water-works and canals be completed within five years five from the time when said .corporation has been organized.

SEO. 6. This act, being deemed of immediate impor. In force when. tance, shall take effect from the date of its publication in the Daily State Register, and State Leader, newspapers published in Des Moines, Iowa.

Approved, April 20th, 1872.

two years after

be completed in

I hereby certify that the foregoing act was published in the Daily Iowa State Register, and Daily State Leader, April 25, 1872.

ED WRIGHT, Secretary of State.

Ch. 165.]

CHAPTER LXXX.

[S. F. 28.

CHANGES IN SCHOOL-BOOKS.

AN ACT to Prevent frequent Changes in School-Books.

APRIL 22.

change in school

once in three

vote of electors.

SECTION 1. Be it enacted by the General Assembly Board of directors of the State of Iowa, That hereafter the board of direct- not to make ors of any district-township or independent district shall hooks more than not order, or direct, or make any change in the school- years, except by books, or series of text-books, used in any school under vote their superintendence, direction, or control, more than once in every period of three years, except by a vote of the electors of the district-township or independent district, and any laws or parts of laws, inconsistent herewith, be, and the same are hereby, repealed.

Approved, April 22d, 1872.

the electors ofaws or parts o; repealed.

Ch. 166.7

CHAPTER LXXXI.

[H. F. 107.

TRANSFER OF RAILROAD TOWNSHIP TAX.

APRIL 22.

AN ACT to Enable Townships, Incorporated Towns, and Cities,

which have heretofore, or may hereafter, vote a Tax in aid of the Construction of a Railroad, under the Provisions of Chapter One Hundred and Two, of the Laws of the Thirteenth General Assembly of the State of Iowa, to transfer and use such Tax in aid of the Construction of such other Railroads within such Township, City, or Town, for which the same was voted, as the Inhabitants of the Township, City, or Town voting the same may desire.

Townships,

railroads, may divert same.

delinquent till when.

SECTION 1. Be it enacted by the General Assembly

of the State of Iowa, That any township, incorporated town, and cities, town, or city within this State, that has heretofore, or may in constructing hereafter, vote a tax in aid of the construction of any rail

road under the provisions of chapter one hundred and

two, of the laws of the Thirteenth General Assembly of 1870: ch. 102. the State of Iowa, may transfer and use such tax in aid

of the construction of such other railroads within the

township, city, or town, as the voters thereof may desire, Proviso: to be in the manner hereinafter provided: Provided, That the done before 1878. transfer herein authorized shall be completed before the

first day of January, A. D. 1873: Provided, further, · Proviso: tax not That no tax so voted and transferred under the provisions

of this act shall become delinquent until the road which is to receive it has been finished, and is running to the township yoting the tax.

Seo. 2. The provisions of this act shall only apply to

such townships, incorporated towns, and cities, as shall have where companies voted a tax in aid of the construction of a railroad, and the relinqnished railroad company for which such tax was raised shall have

id forfeited its right to such tax, or shall have failed to accept

the tax so raised, before a petition is presented, asking for transfer under the provisions of this act, or, having accepted the same, may relinquish its right thereto in favor of the road or company to which it is proposed to transfer the same, or shall have failed in good faith to begin the construction of said road within one year from the time of voting such tax.

SEC. 3. Whenever a petition shall be presented to the Petition by 4 council or trustees of any incorporated town or city, or the

trustees of any township, signed by one-third of the resident tax-payers therein, asking that the question of transferring any tax previously voted in such township, town, or city, in aid of the construction of a railroad, to some

Act to apply only

have forfeited or

rights, or failed to accept or begin work.

resident tax-payers,

be public placerefore su

other railroad being constructed therein, it shall be the duty of such council, trustees, or board of trustees, as the case may be, to immediately give notice of a special elec- Notice of election tion, by publication in some newspaper published in such county if any be published therein, and also by posting said notice in five public places in such township, city, or town at least twenty days before such election, which notice shall specify the time and place of holding said election, the name of the road or company to which such tax was previously voted, the time the election therefor was held, and the rate per centum of such tax, and the fact of said company having forfeited its right thereto, or having relinquished the same, or having failed to accept such tax, (as the case may be,) and shall also specify the name of the road or company to which it is proposed to transfer such tax; at which election the question of question. « transfer” or “no transfer” shall be submitted to the legal electors therein, and, if a majority of the votes cast at such election shall be in favor of such transfer of such Upon affirmative tax, then, and in that case, the township clerk, or clerk of result, clerk to such election, shall forthwith make out, and file with the auditor and treasauditor of the county wherein said election was held, a certificate setting forth the result of such election, and shall also file in the office of the county treasurer a similar certificate, which certificates so made and filed shall contain the names of the road or company from which and to which such tax was so transferred.

SEC. 4. It shall be the duty of the treasurer of any Duty of county county, wherein a transfer of any tax has been made treasurer. under the provisions of this act, to pay such tax, when collected, over to the road or company to which the same has been transferred, as shown by the certificate of township clerk, or clerk of such election.

Sko. 5. This act, being deemed of immediate impor- In force when. tance, shall be in force and take effect from and after its publication in the Daily State Register, and the Daily Iowa State Leader, newspapers published in Des Moines,

tax, then tion shall be in a majoritye submitted

certify same to

urer.

Iowa.

Approved, April 22d, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, and Daily State Leador, April 27, 1872.

ED WRIGHT, Secretary of State.

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