tions authorized

provement of

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, to take and hold 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 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. 81. "panies," passed and approved anuary 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.

same.

er highways.

SEC. 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- canals, etc., over struct and carry their canals, conduits, water-ways, mains, roads, canals, etc.

or under rail

Proviso munici

pal control in

cities and towns.

lands.

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: Provided, That the powers conferred in this section must be 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].

rations under this act:

and execute

mortgages;

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 following 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 corto erect and main-poration; to erect, maintain, and operate canals, conduits, 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

tain canals,

etc.;

property;

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, village, town, or city with water.

utilize

prove water

faith required;

necesary capital

SEC. 5. Each corporation, organized as aforesaid, shall Authorized to take, hold, and enjoy, the privilege of utilizing and im- prize and Improving 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 of incorporation mentioned, and shall within two years to be supplied, from the date of its organization provide the necessary and work comcapital, complete the preliminary surveys, and actually menced, within commence the work of improving and utilizing the water- 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 years. 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.

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

two years after

be completed in

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

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 books 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 of electors. 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.

CH. 166.]

CHAPTER LXXXI.

[H. F. 107.

APRIL 22.

Townships,

town, and cities, in constructing

railroads, may divert same.

1870: ch. 102.

TRANSFER OF RAILROAD TOWNSHIP TAX.

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.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any township, incorporated town, or city within this State, that has heretofore, or may hereafter, vote a tax in aid of the construction of any railroad under the provisions of chapter one hundred and two, of the laws of the Thirteenth General Assembly of 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, 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 voting the tax.

Proviso: to be

delinquent till when.

have forfeited or

to accept or begin work,

SEC. 2. The provisions of this act shall only apply to Act to apply only such townships, incorporated towns, and cities, as shall have where companies voted a tax in aid of the construction of a railroad, and the relinquished railroad company for which such tax was raised shall have rights, or failed 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.

ers.

SEO. 3. Whenever a petition shall be presented to the Petition by council or trustees of any incorporated town or city, or the resident tax-pay- 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

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.

certify same to

urer.

treasurer.

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 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.

SEC. 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, Iowa.

Approved, April 22d, 1872.

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

ED WRIGHT, Secretary of State.