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CHAPTER 40.

TRIMMING OSAGE ORANGE HEDGES.

AN ACT requiring owners of Osage Orange hedge and fences to keep H. F. 111. the same trimmed along the public highways and railroads.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. From and after the 4th day of July 1892, the Five feet the limit of growth owners of Osage Orange hedge fences shall keep the same trimmed along the public highways and railroads, and not allow them to grow more than five feet high for more than one year at any one time.

visor to notify.

Duty of supervisor to report

and assess ne

glect.

SEC. 2. And it shall be the duty of the road supervisor, Duty of superwhen notified to serve written notice on such owners of Osage Orange hedge fences who have refused or neglected to trim their fences, then if such owners refuse or neglect to trim said fences for a period of two months, then it shall be the duty of the road supervisor at his next annual settlement with the township trustees to return a sum not less than six nor more than twenty cents against the owners of such fence for each rod of such fence lying along the public highway or railroad. SEC. 3. It shall be the duty of the road supervisor when notified to serve written notice on the owners of Osage Orange hedge fences, to remove the trimmings from the public highways, and if such owners neglect or refuse to remove the same, then it shall be the duty of the road supervisor to use any force at his command and remove or destroy the same, Neglect reand return the cost of such removal or destruction against the ported. owners of such fence as provided for in Sec. 2 of this act. Approved April 8, 1892.

Trimmings

must be re

moved.

CHAPTER 41.

REPORTS OF CLERKS OF COURTS.

AN ACT to amend Section 203 of the Code as amended by Chapter 82, H. F. 8.
laws of the Twenty-second General Assembly, relative to reports
of the clerks of court.

Sec. 203, code, "August" in

amended.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 203 of the Code, as amended by chapter 82, laws of the Twenty-second General Assembly, be amended by striking out the word "August" and inserting the serted. word "November" in lieu thereof.

Approved March 25, 1892.

S. F. 68.

Sec. 1967, code, amended.

CHAPTER 42.

DEFECTIVE DEEDS, MORTGAGES AND INSTRUMENTS OF WRITING. AN ACT to amend Section 1967 of the Code of 1873, relative to defective acknowledgments of deeds, mortgages and other instruments in writing.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 1967 of the Code of 1873 be amended by striking from the third line thereof the words, "thirteenth day of April 1872," and inserting in lieu thereof the words, "first day of February 1892" provided that this act in certain cases shall not apply to cases where vested rights have accrued nor to cases now in litigation.

Not applicable

Approved March 24, 1892.

H. F. 270.

Chapter 105, twentieth general assembly amended.

Certain public

places enumer

ated and added

The section as amended.

CHAPTER 43.

RELATING TO CIVIL RIGHTS.

AN ACT to amend Section 1 of Chapter 105, Acts of the Twentieth
General Assembly of Iowa, relating to civil rights.

Be it enacted by the General Assembly of the State of Iowa:
SECTION 1. Section one of chapter 105 of the acts of
the Twentieth General Assembly of Iowa, be and the same
is hereby amended by inserting after the word "inn" in the
third line thereof the words "restaurants, chop houses,
eating houses, lunch counters and all other places where
refreshments are served; and by inserting after the words,
"barber shops" in the third line thereof, the words "bath
houses" so that said section shall read as follows:

All persons within this state shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, restaurants, chop houses, eating houses, lunch counters and all other places where refreshments are served; public conveyances, barber shops, bath houses, theaters and all other places of amusement; subject only to the conditions and limitations established by law and applicable alike to every person.

Approved March 26, 1892.

CHAPTER 44.

WAREHOUSE RECEIPTS.

AN ACT authorizing corporations and persons engaged in the slaught S. F. 332.
ering and packing business to issue certificates and warehouse
receipts on their own products, while in their custody and control.

Corporations erty where proowning propducts are

stored may is

sue warehouse

certificates.

certificate, and

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Any corporation or person engaged in the business of slaughtering cattle, sheep or hogs and who own or control the building or buildings wherein such business is conducted and the manufactured products therein stored, may execute and issue certificates, or warehouse receipts, for any such manufactured product that may actually be in said building or buildings, or for any part or quantity thereof, and may thereby sell, convey, assign, transfer, pledge or encumber said product, or any part or quantity thereof. But such Contents of certificate, or warehouse receipt, shall contain the name and signature. address of the party issuing it, and to whom issued, the location and description of the premises, warehouse, or building, or other place where the product is stored, the date of issuance, and the quantity of product and its kind, and the brands or distinguishing marks upon such property, and shall be signed by the person issuing it and if issued by a corporation, by its secretary and manager; and certificates and receipts issued in the manner and form aforesaid, shall operate and have the effect to transfer the title to the product described in them, and vest the same in the holder thereof, in accordance with the terins therein expressed, and the holders thereof may sell, assign, transfer, or otherwise dispose of the same in like manner, without the purchaser, pledgee, assignee or holder being Need not be rerequired to have the same recorded, or give notice to protect himself against existing or subsequent encumbrancers or purchasers, as required in other cases where property is left in the possession of the vendor or pledgeor.

SEC. 2. Every corporation or person making and issuing certificates or receipts for meat products as herein contemplated, shall keep a regular, well bound book, wherein shall be kept and entered, at the date of the issuance thereof, a full account of each and every certificate or receipt, with the date of issuance, number, name of person to whom issued, the quantity and kind of meat product and the brands or distinguishing marks denoting such property covered by such certificates or receipt; and, when such product shall have been delivered under the certificate or receipt, or the said paper is otherwise cancelled or becomes void, the date of such cessation of liability shall be entered in connection therewith; and

A corporation may sign by its

officers.

corded.

Book must be

tificates issued

kept of all cer

Date must be

bility ceases.

kept when lia

to inspection.

Penalty for destroying books

or records.

Books subject such books and the building where such product is stored shall be subject to the inspection and examination of each and every person holding any such certificate or receipt, his agent or attorney. Any person wrongfully altering, changing, or willfully destroying any such book, shall, upon conviction, be fined not exceeding ten thousand dollars, or imprisonment in the county jail not exceeding one year, and any person issuing any receipt or certificate, without entering and preserving in such book the required memorandum, shall be fined, upon conviction, not to exceed one thousand dollars for each certificate or receipt so issued, and be liable for all damages sustained in consequence of such omission.

Certificates issued when meat is not in stock.

cate issued.

SEC. 3. Any person who shall knowingly issue any such certificate or receipt for meat product, when the product described therein is not actually in the building or buildings or other place mentioned therein, or shall knowingly, with Second certifi- intent to defraud, issue a second certificate for meat product, for which, or any part of which, any former certificate or certificates, receipt or receipts are outstanding, uncancelled, valid and subsisting, shall, besides being liable for all damages caused by such second issue, be guilty of felony, and for each offense be fined not to exceed ten thousand dollars, and imprisonment in the penitentiary not exceeding five years.

Penalty.

Certificates presumptive evidence of title.

Meat must not be removed without consent of certificate holder.

SEC. 4. All certificates and receipts, issued under the provisions of this act, shall be, in the hands of the holder thereof, presumptive evidence of title to said property both in law and equity.

SEC. 5. No corporation or person issuing such certificates or receipts, shall sell or encumber, ship, transfer, or in any manner remove beyond its or his immediate control in the building where stored, any of such meat product for which such certificate or receipt has been given as aforesaid, without the written consent of the person holding the same, while such certificate or receipt remains in force, and any corporation or person violating any provision of this section shall be guilty Penalty for vio- of a felony, and for each offense be fined not to exceed ten thousand dollars, and imprisoned in the penitentiary not exceeding five years.

lation of law.

Recourse of person aggrieved.

Damages.

Publication clause.

SEC. 6. Every person aggrieved by the violation of the provisions of this act, may have and maintain an action at law against the person violating the same before any court of competent jurisdiction, and shall not only recover actual damages, but exemplary damages, whether such person shall have been convicted under a criminal charge for the same act or not.

SEC. 7. This act being deemed of immediate importance shall take effect and be in force from and after its publication

in the Iowa State Register and the Des Moines Leader, newspapers published at Des Moines, Iowa.

Approved April 8, 1892.

I hereby certify that the foregoing act was published in the Iowa
State Register, April 16, and the Des Moines Leader, April 13, 1892.
W. M. MCFARLAND, Secretary of State.

CHAPTER 45.

EXTERMINATION OF THISTLES.

AN ACT to amend sections 995 and 4062 of the Code of 1873 relative S. F. 139. to the extermination of thistles.

Be it enacted by the General Assembly of the State of Iowa:

code, amended

SECTION 1. That section 995 of the Code of 1873, be and Section 995, the same is hereby amended by inserting after the word "cincus lan"thistles" and before the word "are" in the second line ceolatus" thereof, the words or (Cnicuis Lanceolatus).

SEC. 2. That section 4062 of the Code of 1873 be and the same is hereby amended by inserting after the word "thistles" and before the word "on" in the second line thereof the words or "Cnicus Lanceolatus" and by striking out the word "Canada" in the fourth line and insert the words " such" in lieu thereof.

Approved April 7, 1892.

any

added.

Section 4062, code, amended "Canada"

as above.

struck out.

CHAPTER 46.

MAINTENANCE OF FISH DAMS.

AN ACT to amend Section one (1) of Chapter sixty-three (63) of S. F. 200. the Acts of the Twenty-first General Assembly, as amended by Chapter one hundred and eight (108), of the Acts of the Twentysecond General Assembly, relative to the maintainance [maintenance] of fish dams across the outlets of meandered lakes.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section one of chapter 63 of the acts of the Twenty-first General Assembly as amended by chapter one hundred and eight of the Twenty-second General Assembly be amended by inserting after the word "state" in the second

Chapter 21,

twenty-first

general assem bly amended.

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