Persons prosecuted. or to prevent the use of machines or generators constructed on the principle of the "Davy safety lamp." SEC. 9. It shall be the duty of the state inspector, and of offending to be any deputy inspector, who shall know of the violation of any of the provisions of this act, to prosecute before a court of competent jurisdiction any person so offending. And in case the state inspector, or any deputy inspector, having knowledge of the violation of any of the provisions of this act, shall neglect to prosecute as required herein, he shall be deemed guilty of a misdemeanor and punished accordingly, and, upon conviction, Penalty for failure to proscute. Oil which will Ignite at 300, prohibited as freight, etc. Penalty. shall be removed from office. SEC. 10. No oil, nor fluid, whether composed wholly or in part of petroleum or its products, or of other substances or material, which will ignite and burn at a temperature of three hundred degrees of the standard Fahrenheit thermometer, open test shall be carried as freight, nor shall the same be burned in any lamp, or vessel, or stationary fixture of any kind, in any passenger, baggage, mail or express car on any railroad, nor on any passenger boat moved by steam-power, nor in any street railway car, stage coach, omnibus or other public conveyance in which passengers are carried, within this state. A violation of any of the provisions of this section shall be deemed a misdemeanor, and the offender shall on conviction thereof be fined not less than one hundred dollars, nor more than one thousand dollars, and shall be liable for all damages resulting therefrom. SEC. 11. If any inspector or deputy shall falsely brand or false brand mark any barrel, cask or package, or be guilty of any fraud, deceit, misconduct or culpable negligence in the discharge of his official duties, or shall deal in, or have any pecuniary interest, directly or indirectly in any oils or fluids used or sold for illuminating purposes, while holding such office he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days, and be liable to the party injured for all damages resulting therefrom. Penalty for ing. Removal from office. Penalty for low test. SEC. 12. It shall be the duty of the governor to remove from office, and to appoint a competent person in the place of any inspector who is unfaithful in the duties of his office. SEC. 13. Any person who shall knowingly or negligently selling oil be- sell, or cause to be sold, any of the oils mentioned in this act, for illuminating purposes, except for the purposes herein authorized, which are below the standard and test required in this act, shall be liable to any one purchasing said oil, or to any person injured thereby, for all damages resulting from any explosion of said oil. State board of rules. SEC. 14. Within sixty days after the passage of this act, the health to make state board of health shall make and provide the necessary rules and regulations for the inspection of illuminating oil as contemplated in this act, and on application, shall furnish the inspector and his deputies with the same. SEC. 15. Chapter 172 of the acts of the seventeenth general Repeal. assembly and section 3901 of the code are hereby repealed. SEC. 16. 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 at Des Moines Iowa. Approved, April 14, 1884. 1 hereby certify that the foregoing act was published in the Iowa State Register April 17, and Iowa State Leader April 18, 1884. J. A. T. HULL, Secretary of State. CHAPTER 186. DRAINS, LEVEES AND CHANGES, IN WATER COURSES. AN ACT in Relation to Ditches, Drains, Levees, Embankments S. F. 280. Be it enacted by the General Assembly of the State of Iowa: Proviso. way, when. establish. What levees SECTION 1. Ditches or drains may be located and con- Ditches or structed within the limits of any public highway, and on either lic highway. drains in pubor both sides thereof, and levees or embankments upon and Levees and along the same; provided, they are so constructed as not to pre- embankments. vent public travel thereon. The engineer or commissioner ap- Engineer can pointed to locate ditches, drains, levees, or embankments, may recommend recommend the establishment of a public highway upon and public highalong the route of the same, and the board of supervisors may Board of suestablish the same on such recommendation in the same man- pervisors may ner as on the report of a highway commissioner. All levees built by taxation under the drainage laws shall be under the are under concontrol of the board of supervisors of the county in which they trol of board of are situated, and the board shall have the power to grant the right of way thereon to any railway company that will maintain the same while used for railway purposes: provided, the Proviso: steps for condemnation and payment therefor, contained in Chap. 4, Title 10, complied chapter 4, title 10, of the code, shall first be taken by said com- with. pany, provided further, that nothing in this section shall be con- Proviso: not strued so as to require such ditches or levees to be kept up at pense of the expense of the county. supervisors. kept at ex county. 100 voters pe flowed lands. SEC. 2. Whenever the petition of one hundred legal voters of the county, setting forth that any body or district of land tition on overin said county, described by metes and bounds, or otherwise, is subject to overflow, or too wet for cnltivation: and that in the opinion of petitioners the public health, convenience or wel. fare, will be promoted by draining or leveeing the same, and Bond filed with auditor he shall appoint an engineer. Duty of engi also a bond, conditioned as required by section 1208 of the code, shall be filed with the county auditor. He shall appoint a competent engineer or commissioner, who shall proceed to examine said district of lands, and if he deem it advisable to survey and locate such ditches, drains, levees, embankments and changes in the direction of water courses as may be necessary for the reclamation of such lands or any part thereof, and he shall Report of pro- make substantially the same report and the same proceedings ceedings. neer. Board of supervisors to determine levied each year. of interest. Where cost exceeds estimate. shall be had as now provided by law for the location and construction of ditches, drains and changes in water courses, and two or more counties may unite in such work of reclamation in the manner now provided by law. SEC. 3. If the board of supervisors shall be of opinion that the estimated cost of reclamation of such district of lands is amount to be greater than should be levied and collected in a single year from the lands benefited, they may determine what proportion of the same should be levied and collected each year, and they Bonds and rate may issue drainage bonds of the county bearing not more than eight per cent annual interest, and payable in the proportion and at the times when such taxes so apportioned will have been collected and may devote the same at par to the payment of such work as it progresses, or may sell the same at not less than par, and devote the proceeds to such payment; and should the cost of such work exceed the estimate, a new apportionment of taxes may be made, and other bonds issued and used in like manner; but, in no case shall any such bonds run longer than fifteen years, and at least ten per cent in amount of those issued on the first estimate shall be payable annually. The board of supervisors may divide the land to be benefited into drainage districts which shall be accurately described and numbered, and Denomination such drainage bonds shall be in sums of not less than fifty dollars each, and shall be numbered consecutively and issued as other county bonds are, and shall specify that that they are drainage bonds, and designate by its number the drainage district on account of which they are issued. And in no case shall the amount of bonds issued exceed fifty per cent of the value of the lands in such drainage districts as shown by the last assessment for taxation. No bond to run longer than 15 years. Land may be divided. of bonds. Not to exceed 50 per cent of value of land. Tax to pay in provided, levied each year. How collected. SEC. 4. It shall be the duty of the board of supervisors to bonds as here- levy each year on the lands benefited a tax sufficient to pay the interest on such bonds and so much of the principal as falls due in the succeeding year, and such tax shall be collected in the same manner as other county taxes, and shall be carried to the credit of the drainage district on account of which the bonds are issued, and shall be used to pay the principal and interest of said bonds as the same falls due: provided, that any surplus may be devoted to payment of works of reclamation in said district or repairs thereof. Proviso: Publication. SEC. 5. This act being deemed of immediate importance shall be in force from and after its publication in the Iowa State Register and State Leader, newspapers published at Des Moines, Approved, April 14, 1884. I hereby certify that the foregoing act was published in the Iowa State Register April 19, and Iowa Stute Leader April 18, 1884. J. A. T. HULL, Secretary of State. CHAPTER 187. CHANGING NAME OF ADDITIONAL PENITENTIARY. AN ACT to Change the Name of the Additional Penitentiary at H. F. 415. Be it enacted by the General Assembly of the State of Iowa: thorized to ap SECTION 1. That the name of the additional penitentiary at Name Anamosa be and is hereby charged to penitentiary at Anamosa. changed. SEC. 2. That the warden is hereby authorized to appoint and Warden auremove at his discretion a matron for the women's department point a matat a salary of seventy-five dollars per month. Said matron ron: salary. shall have exclusive charge of the women's department under the general direction of the warden. She shall keep a regular Power and time table of the female convict labor and record the same in a duty of matbook to be kept for that purpose, and shall moreover keep a record of all the business under her control, and return an account thereof, together with an account, of the female convict labor to the clerk at the close of each day. ron. deputy. SEC. 3. There is hereby allowed the sum of ten dollars per $10 per month month as house rent for the deputy warden until the residence house rent for for the warden is completed in accordance with plans and spec ifications adopted for the penitentiary when he shall occupy the present residence of the warden. SEC. 4. The warden is hereby authorized to purchase, with Warden to the approval of the executive council, a strip of land south of purchase land. the penitentiary and lying between the penitentiary wall and the track of the C. N. W. R. W'y for the use and benefit of said penitentiary at a sum not to exceed $3,000.00. SEC. 5. The warden is hereby authorized to sell with the warden auapproval of the executive council the land known as the Old thorized to sell State Quarry, and the proceeds of said sale shall go into the general construction fund of said penitentiary. old quarry. SEC. 6. The same to take effect and be in force from and Publication. after its publication in the Iowa State Register and Iowa State Leader. Approved, April 14, 1884. I hereby certify that the foregoing act was published in the Iowa CHAPTER 188. IN RELATION TO DRAINAGE. Sub for H. Fs. AN ACT to Regulate and Provide for the Construction of Tile and 16 and 105. Other Underground Drains Through the Lands of Another. [Amendatory of ch. 2, Title X, of the Code.] Application for drain to be filed with Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That whenever any person shall desire to construct any tile or other underground drain through the land of antownship clerk other, and shall be unable to agree with the owner or owners of such land as to the same, he may file with the clerk of the township where said land is situated an application therefor, giving a description of the land or lands through which he may Duty of clerk. desire to construct same, and the township clerk shall forthwith notify the township trustees of said township of said application, who shall fix a time and place for the hearing of same, which time shall not be more than twenty days distant, and they shall cause said clerk to notify the applicant and land owner of the time and place of said hearing at least five days before the time fixed for the hearing of same, which notice shall be in writing, signed by said clerk, and shall be served on said applicant and land owner, if within the county, and if not, then upon his agent for said land, if within the county, in the same manner as is now provided by law for the service of original notices, and in case that neither said party nor his agent are residents within said county, then the same shall be served by posting written notices in three public places in said township, one of which shall be upon said land, at least ten days before said hearing. How served. How tried. Trustees may fix entrance SEC. 2. That upon the day fixed for hearing, if said trustees are satisfied that the provisions of the prior section have been complied with, they may proceed to hear and determine the same, and shall have power to adjourn from time to time until same is completed; provided, that no adjournment shall be for more than fifteen days. SEC. 3. The said trustees may fix the point or points of enand outlet of trance and exit or outlet of said tile or other underground drain drian, etc. |