H. F. 198. Preamble. Legalized. Publication. CHAPTER 6. LEGALIZING-INCORPORATION OF TOWN OF OXFORD JUNCTION. AN ACT to Legalize the Incorporation of the Town of Oxford Junction in the County of Jones, State of Iowa. WHEREAS, The town of Oxford Junction in the county of Jones, state of Iowa, was incorporated in the month of December, A. D. 1883 under the general laws for the incorporation of towns and cities of the state; and, WHEREAS, No affidavit of notice of incorporation was filed with the clerk of the court of such publication; and WHEREAS, The notice of election was for five trustees which according to the acts of the seventeenth general assembly should have been six; and, WHEREAS, The notice for the election of town officers designated the place for holding the election at the national hall in Oxford Junction and that said election was held at a place other than the place designated in such notice; and, WHEREAS, One of the commissioners of said election did not qualify as judge of said election as required by law; and, WHEREAS, Doubts have arisen as to the legality of said acts of incorporation, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the acts by and under which the town of Oxford Junction was incorporated are hereby confirmed, ratified, and legalized and that the same be held valid and binding to the same extent as if the laws in reference to incorporated towns had been fully complied with. SEC. 2. This act being deemed of immédiate importance shall be in force and effect from and after its publication in the Iowa State Register a newspaper published at Des Moines, Iowa, and the Oxford Mirror a newspaper published at Oxford Junction, Iowa, such publication to be without expense to the state. Approved, February 26, 1884. I hereby certify that the foregoing act was published in the Oxford CHAPTER 7. APPOINTMENT OF MARSHALS IN CITIES. AN ACT to Provide for the Appointment of Marshals in Cities of S. F. 68. the First Class. [Additional to Code, Chapter IV, Title 10.] Be it enacted by the General Assembly of the State of Iowa: marshal. SECTION 1. The mayors of cities of the first class organized under the general incorporation laws of the state and having a population of not less than twenty-two thousand and three hundred by the United States census of 1880 shall subject to the Mayor o approval of the city council, appoint a marshal who shall be appoint ex-officio chief of police, and shall hold his office at the pleasure of the mayor. The marshal so appointed shall have all the powers conferred by the statutes of the state and ordinances of the city on the chief of police and the marshal, except the appointment of deputy marshals, and shall perform the duties of Marshal's both offices. He may designate one or more members of the powers. regular police force of the city to act as deputy marshals, and May appoint such designated policemen shall have all powers now conferred on deputy marshals. deputies. SEC. 2. All acts or parts of acts in conflict herewith are Repealing hereby repealed. clause. SEC. 3. This act being deemed of immediate importance Publication. shall be of force from and after its publication in the Des Moines Daily Register and Des Moines Daily Leader, newspapers located at Des Moines, Iowa. Approved, February 27, 1884. I hereby certify that the foregoing act was published in the lowa State Register and Iowa State Leader February 28, 1884. J. A. T. HULL, Secretary of State. H. F. 14. Section 1555 repealed. Substituted section. Repealing olause. CHAPTER 8. STRIKING ALE, WINE AND BEER CLAUSE FROM SECTION 1555 or CODE. AN ACT to Repeal Section 1555, Chapter 6, Title XI, of the Code, and to Enact a Substitute Therefor, Relating to Intoxicating Liquors. Be it enacted by the General Assembly of the State of Iowa: SECTION 1555. Wherever the words intoxicating liquors occur in this chapter, the same shall be construed to mean alcohol, ale, wine, beer, spirituous, vinous and malt liquors, and all intoxicating liquors whatever: and no person shall manufacture for sale, or sell, or keep for sale, as a beverage, any intoxicating liquors whatever including ale, wine and And the same provisions and penalties of law in force relating to intoxicating liquors, shall in like manner be held and construed to apply to violations of this act, and to the manufacture, sale, or keeping for sale, or keeping with intent to sell, or keeping or establishing a place for the sale of ale, wine and beer, and all other intoxicating liquors whatever. SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed. Approved, March 4, 1884. H. F. 74. Spearing season. CHAPTER 9. PRESERVATION OF FISH IN PERMANENT LAKES. AN ACT to Protect and Preserve the Fish in the Permanent Lakes and Ponds within the State of Iowa. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That no person shall take by spearing with a gaff, spear or other device any fish from any of the permanent lakes or ponds, or outlets or inlets thereto within the state of Iowa, between the first day of November and the thirty-first day of May next following. SEC. 2. It shall be unlawful for any person, company, or corporation, knowingly to buy or sell, or offer for sale, or have Unlawful in his or their possession, any fish which shall have been taken vending. from any of the permanent lakes or ponds, or outlets or inlets thereto within this state by spearing with gaff, spear or other device between the first day of November and the thirty-first day of May next following. And any person who may draw from the water any game fish such as pike, bass, and the like when seining for minnows for bait, shall return the same without injury under the penalties of this act. SEC. 3. Any person found guilty of a violation of any of Penalty. the provisions of this act shall upon conviction before any magistrate be fined not less than five dollars nor more than twenty dollars for the first offense, and for the second or any subsequent offense not less than twenty dollars nor more than one hundred dollars, and shall stand committed until such fine be paid. action. SEC. 4. Prosecution for violations of this act may be brought Place of and maintained in any county in which offense was committed or in any county where the person, company, or corporation against whom complaint is made, has or has had or has bought or sold or offered for sale any fish which were taken by spearing in violation of this act. appointed. SEC. 5. In all prosecutions under this act the court before whom the same is brought, or in which it shall be prosecuted, shall appoint an attorney for the prosecution of the case, and Prosecutor such attorney and the person filing the information under this act shall each be entitled to a fee of five dollars for each and Fees of prosecutor and every conviction, which fees of such attorney and informant informer. shall be taxed as costs in the case against the person or persons so convicted, and any fish found in the possession of any person, company or corporation in violation of the provision of this act may be seized and sold for the purpose of paying the costs Fish seized in the case, but in no case under this act shall any county be and sold for liable for the fees of such attorney or informant. costs. on one's own SEC. 6. Nothing in this act shall prevent any person from Spearing taking fish of his own propagation or from waters wholly with- land. in his own land, to which there is no natural outlet through which the fish pass up or down. SEC. 7. This act being deemed of immediate importance, Publication. shall take effect and be in force from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers published in Des Moines, Iowa. Approved, March 6, 1884. I hereby certify that the foregoing act was published in the Iowa State Register and Iowa State Leader March 8, 1884. J. A. T. HULL, Secretary of State. S. F. 279. $159.85 for sun CHAPTER 10. APPROPRIATION-FUNERAL EXPENSES OF HONORABLE J. M. HOL- AN ACT to Pay Expenses Incurred in Escorting the Remains of the Late Hon. J. M. Holbrook to Manchester and for the Allowance of the Full Salary to his Widow. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That there is hereby appropriated out of any money in the state treasury not otherwise appropriated the following sums of money, to-wit: To John C. Mason, sergeant-at-arms, to pay the undertakers dry expenses. bill and other expenses incurred in escorting the remains of the late Hon. J. M. Holbrook to Manchester, the sum of one hundred and fifty-nine dollars and eighty-five cents. SEC. 2. To Mrs. Holbrook, widow of the said J. M. Holbrook, $550 for widow. the sum of five hundred and fifty dollars, being the full salary to which the late member would have been entitled, had he survived this session of the Legislature. Publication. SEC. 3. 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 Iowa State Leader newspapers published in Des Moines, Iowa. Approved, March 7, 1884. I hereby certify that the foregoing act was published in the Iowa State Register and Iowa State Leader March 11, 1884. J. A. T. HULL, Secretary of State. |