And when it embraces any part of another municipal corporation, that part so embraced two mile lim- within said other corporation shall not be held to be affected by another cor- this act, but shall remain as heretofore exclusively under the conporation. trol of the corporation within which it is situated. sell on elec SEC. 2. It is hereby made unlawful for any person by himself, Unlawful to his agent or employe, directly or indirectly to sell to any person, tion day with- and upon any pretext whatever ale, wine, beer or other malt or on two miles vinous liquors upon the day on which any election is held under the laws of this state, within two miles of the place where said election is held. of the polls. May sell on SEC. 3. The foregoing sections shall not be held to include the sale, by any person holding a permit therefor under the laws of prescription this state, of said malt or vinous liquors, when said sale is made upon the prescription therefor of a practicing physician. The provisions of this section shall be a matter of defense in any prosecution under this act. of physician. SEC. 4. The giving to any person of ale, wine, beer, or other Giving wine, malt or vinous liquor, in consideration of the purchase of any ale, or beer in other property shall be construed and held to be a sale thereof tion of pur- within the meaning of this act, and courts and jurors shall construe this act so as to prevent evasion. considera chase of other property. violating the this act. SEC. 5. Any person violating the provisions of this act shall Penalty for be deemed guilty of a misdemeanor, and shall pay, on his first provisions of conviction for said offense, a fine of twenty dollars, and costs of prosecution, and shall stand committed five days, unless the same be sooner paid; on the second conviction for said offense, he shall pay a fine of fifty dollars and the costs of prosecution, and shall stand committed fifteen days, unless the same be sooner paid; and on the third and every subsequent conviction for said offense, he shall be punished by a fine of one hundred dollars, and shall pay the costs of prosecution, and shall stand committed for thirty days, if the same be not sooner paid, or by imprisonment in the county jail for thirty days. Liability agent. Number of allegations in information. SEC. 6. Any employe or agent of whatsoever kind, engaged of or employed in selling, in violation of this act, shall be charged and convicted in the same manner as a principal may be, and shall be subject to the penalties and punishment in this act provided for such principal. SEC. 7. Informations for violations under this act may allege any number of violations of its provisions by the same party, but the various allegations must be contained in separate counts, and the person so charged may be convicted and punished for each of the violations so alleged as on separate informations; but a separate judgment must be entered on each count on which a verdict of guilty is rendered. The second and third convictions mentioned in this act shall be construed to mean convictions on separate informations. If the information does not otherwise indicate, it shall be held to be for a first offense. SEC. 8. A conviction for a violation of the provisions of this act, shall, at the option of the landlord or his agent, be held to be a forfeiture of any lease of the real estate in or upon which such sale in violation thereof is made, and such landlord or his agent may be held lease. shall have the right at any time within thirty days from such Conviction conviction to institute a suit of forcible entry and detainer for to be a forthe possession of said real estate, and shall recover possession of leiture of such leased premises upon proof of the conviction of the tenant, his agent, servant, clerk, or any one claiming under him, of a violation of the provisions of this act, committed in or upon said leased premises. of municipal SEC. 9. The power and jurisdiction of every municipal cor- Jurisdiction poration, whether acting under general or special charter, to reg- corporation. ulate, prohibit or license the sale of ale, wine and beer, and of the courts and officers thereof to enforce said regulations, is hereby extended two miles beyond the corporate limits of said corporation. Provided, That this section shall not be held to authorize said corporation to license any malt or vinous liquors, other than those malt or vinous liquors which said corporation, at this date, is authorized to license. Approved, March 25, 1878. CHAPTER 120. MASON FISH, J. P. AN ACT to Legalize the acts of Mason Fish, a Justice of the Peace in S. F. 80. WHEREAS, At a general election held in October, 1875, in Clay Preamble. township, Shelby county, Iowa, Mason Fish, Esq., a citizen of that township and county, was elected a justice of the peace, and supposed himself elected for the term of two years, and the electors of that township were of like opinion; and WHEREAS, The fact was that the said Mason Fish was elected for but one year; and WHEREAS, The said Mason Fish continued to act as a justice of the peace until the fourth day of April, 1877, without authority so to do; therefore, Be it enacted by the General Assembly of the State of Iowa: legalized. [SECTION 1.] That all official acts of the said Mason Fish, of Official acts Clay township, Shelby county, Iowa, done between January 1, 1877, and April 4th, 1877, as a justice of the peace, while he and his constituents supposed he held that office, be and the same are bereby legalized. Approved, March 25, 1878. S. F. 256. 2, title ten, amended. CHAPTER 121. CONSTRUCTION OF DRAINS THROUGH TWO OR MORE Counties. AN ACT to Provide for Opening Drains to be Constructed through Two or More Adjoining Counties, Amendatory of Chapter 2, Title 10, of the Code. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That chapter two, of title ten, of the Code, be Code, chapter amended as follows: In all cases when it becomes necessary to construct a drain through two or more contiguous counties or parts of counties, and a petition for such drain has been presented to the board of supervisors of the counties through which such shall appoint drain is to be constructed, it shall be the duty of the board of su commission pervisors of each of such counties to appoint a commissioner to act with the commissioner or commissioners of such other counties in locating such drain. Board of su pervisors er to locate. missioners. SEC. 2. It shall be the duty of the commissioners appointed Duty of com- under section one of this act, to meet within twenty days after the appointment of the last commissioner by such board of supervisors, and at once locate such drain through their respective counties. Approved, March 25, 1878. S. F. 309. Code, ¿ 914, amended. CHAPTER 122. PAYMENTS BY COUNTY TREASURERS TO STATE TREASURER. AN ACT to Amend Section 914 and Repeal Section 915 of Chapter 3, Be it enacted by the General Assembly of the State of SECTION 1. That section 914 of chapter 3, title 6 of the Code be amended as follows: by striking out the following words in Shall not pay the twelfth, thirteenth and fourteenth lines of said section, "or to any bank incorporated under the laws of this state, or any national bank in this state." State dues to bank. SEC. 2. That section 915, chapter 2, [3] title 6 of the Code is Code, 1915, re- hereby repealed. pealed. Code, 23793, sub-div. Substitute for. SEC. 3. That sub-division 5 of section 3793 of chapter 2, title 23, is hereby repealed, and the following enacted in lieu thereof: "For paying money into the state treasury when required by tion of county law, or the auditor of state, such compensation as the board of Compensasupervisors shall allow, not exceeding one fourth of one per cent. treasurer. on the amount so paid, which allowance shall be paid by the county." Approved, March 25, 1878. CHAPTER 123. PUBLICATION AND DISTRIBUTION OF LAWS. AN ACT amendatory to Chapter 132, Laws of the Sixteenth General S. F. 315. Assembly relating to the Publication and Distribution of the Laws. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 39, chapter 132, laws of the sixteenth chapter general assembly be, and the same is hereby repealed, and the 132, 16th G. A.: following enacted in lieu thereof : Substitute for. Section 39. The secretary of state shall distribute the laws To whom, aforesaid as follows: To the state library for distribution to other states and territories, and for exchange, two hundred copies. Two copies to each state institution, to each judge of a court of record, and to each state officer. One copy to each member of the general assembly. Ten copies to the library of the law department of the state university. One copy to the state historical society. Thirteen thousand copies of the laws bound in boards for distribution to county auditors upon their requisition. and number, distributed. SEC. 2. Section 40, chapter 132, laws of the sixteenth general 40, chapter assembly, is hereby repealed, and the following enacted in lieu 12, 16th G. A.: thereof: Substitute for. tor shall sup Section 40. Each county officer, justice of the peace, township County audiclerk and mayor of a city or incorporated town shall be supplied piy. with a copy of the laws for the use of his office, which shall be delivered to his successor in office. tor shall retary of Distribution shall be made upon the requisition of the county county audiauditor upon the secretary of state, which requisition shall state make requithe number of copies required for distribution under the provis. sition on seeions of this section, and also the number of copies requisite for State. sale in the county, and said requisition shall be made before the When. first day of March in each year, and thereupon the secretary of state shall forward the number so certified and file with the auditor of state a certificate thereof, which shall be charged to such county by the auditor of state. The auditor of state shall credit the county with the number of copies distributed under the provisions of the act upon the filing of the proper vouchers by the county auditors, and upon sale of credited with number of laws on County to be such laws by the county auditor at the rate of fifty cents per copy. The said county auditor shall pay said amounts to the county treasurer of his county, for the use of the state revenue, and the treasurer shall execute duplicate receipts therefor, one of which shall be filed with the auditor of state. voucher. The county auditors shall furnish the laws in their respective counties as herein before provided. SEC. 3. This act, being deemed of immediate importance, shall Publication. 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, March 25, 1878. I hereby certify that the foregoing act was published in the Iowa State S. F. 269. 16th G. A., amended. CHAPTER 124. BARBED WIRE FENCE. AN ACT to Amend Chapter 101, Laws of the Sixteenth General Assembly, in relation to Fences. Be it enacted by the General Assembly of the State of lowa: SECTION 1. That chapter 101 of the general laws of the sixChapter 101, teenth general assembly, be amended by inserting after the word "rod," in the seventh line of section one of said chapter, the words, "of two points each on each wire or twenty-six iron barbs of four points each on each wire." Approved, March 25, 1878. CHAPTER 125. MILITARY CODE OF IOWA. Sub. S. F. 51. AN ACT to provide for the Organization of the State Militia, and entitled the "Military Code of Iowa," and fixing the salary of certain officers. Repealing Title VIII of the Code. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all able-bodied male citizens of the state, beMilitia of the tween the ages of eighteen and forty-five years, who are not exempted from military duty according to the laws of the United States, shall constitute the military force of this state. State. SEC. 2. Assessors in each township are required to make and |