CHAPTER 113. GAME LAW. AN ACT to Protect Game. APRIL 7. December 15 SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That it shall be unlawful for any Unlawful to person, except on his own premises and for his own kill or trap exclusive use, to kill, ensnare, or trap any wild deer, chick'ns from deer & prairie elk or fawn, prairie hen or chicken, between the first January 1 to day of January and the first day of August in each August 1; and every year; any wood-cock between the first day quail,&c.from of January and July in each year: any quail, ruffled to to Sept. 12; grouse, or pheasant, between the fifteenth day of De- turkey from cember and the twelfth day of September; or any wild February 1 to turkey between the first of February and the first of Proviso: proSeptember: Provided, That, except on his own prem- hibiting trap. ises, it shall be further unlawful for any person to net, ping game ensnare, or trap any of said game except in the month except in Dec. of December: And provided further, That except on quail not to his own premises it shall be unlawful for any person to be trapped before Dec., ensnare, net, or trap any quail at any time of the year 1979. prior to the first of December, 1872. September 1. Proviso: hibited times. SEC. 2. It shall be unlawful for any person to buy Unlawful to or sell any of the above mentioned animals or birds buy or sell which shall have been trapped, ensnared, or killed game in probetween the days above mentioned. The having in possession any of the above animals or birds recently killed by any person or persons between said dates, Possession of shall be deemed and taken as prima facie evidence same prima that the same was trapped, ensnared, or killed by the facie evidence of guilt. persons having the possession of the same in violation of this act. SEC. 3. That any railroad, express company, or other common carrier in this State, or any of their Common carriers having agents or servants, having any of the above birds or game in posanimals in their possession, for transportation or other sessi'n unlawpurpose, during the periods above limited and pro- fully, punishhibited, shall be punished by fine of not less than ed-fine $100 $100 or more than $300, or by imprisonment in the imprisonme't county jail 30 days, or by both such fine and impris- 30 days. onment. -300; SEC. 4. Any person violating any of the provisions Violation of of this act, shall forfeit or pay a fine of fifteen dollars act punished for each deer, fawn, or elk snared, entrapped, killed, fine, $15 for deer, $5 for bought, sold, or held in possession, and five dollars for bird. any bird of game above mentioned thus killed, trapped, cuted. Where prose- ensnared, bought, sold, or held in possession; and such person may be prosecuted either in the county in which the offense was committed or where said person has in his possession any of such animals or birds thus killed, ensnared, or trapped, bought, or sold in violation of law. Trespassers SEC. 5. Any person who shall go upon the premviolating this ises of any other person or corporation, whether act to be fined inclosed or not, and shall be found hunting, trapping, $3-$50. or ensnaring any of the above named birds or animals, in violation of the provisions of this act, shall be deemed guilty of trespass, and may be prosecuted by any person in possession of said premises before any justice of the peace of the county, or other court of competent jurisdiction, and fined in any sum not less than three dollars nor more than fifty dollars, to be paid to the school fund of the county for the use and benefit of the schools of said county: Provided, however, That a judgment against a person for a violation of this act under the first, second, and third sections of the same shall be a bar to any suit under the fourth-section of this act for the same offense. Proviso: suit barred. Who may bring prosecution; SEC. 6. A prosecution may be brought by any person in the name of the State of Iowa against any person or persons violating the first, second, and third sections of this act, before any justice of the peace of the county in which such violation of this act is alleged to have taken place, or before any court of competent jurisdiction thereof, and any sum or sums so recovered Fines paid to shall be paid to the school fund for the benefit of the school fund. common schools of said county. where. Repealing clause. SEC. 7. All acts and parts of acts contrary to the provisions of this act be and the same are hereby repealed. Approved April 7, 1868. APRIL 7. CHAPTER 114. LEGALIZING ACTS OF D. D. MIRACLE. AN ACT to Legalize the Acts of D. D. Miracle, a Notary Public in and for Hamilton County, Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the official acts of D. D. acle, of Ham Miracle, a notary public in and for the county of Ham- Official acts ilton and State of Iowa, done after the expiration of of D. D Mirhis notarial commission, being from the fifteenth day ilton county, of July, A. D. 1867, to the sixteenth day of February, from July 15, A. D. 1868, are hereby legalized and made as valid as 1867, to Feb. if the said acts had been done before the expiration 16, 1868, le of said commission. SEC. 2. This act shall take effect and be in force from and after its publication. Approved April 7, 1868. galized. CHAPTER 115. DEPUTIES TO SUPERINEENDENT OF PUBLIC INSTRUCTION AN ACT to Amend Section 642, of the Revision of 1860. APRIL 7. Rev., § 642. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 642, of the Revision Supt. P. I. & of 1860, be and the same is hereby amended by insert- Reg. S. L. O. ing after the word "Auditor," in the first line of said allowed depsection, the words, "Superintendent of Public Instruçtion, Register of the State Land Office." SEC. 8. This act, being deemed of immediate im uties. portance by the General Assembly, shall take effect Taking effect. and be in force from and after its publication in the Daily Iowa State Register, and the Daily Statesman, newspapers published at Des Moines. Approved April 7, 1868. I hereby certify that the foregoing act was published in The Iowa Evening Statesman April 8, 1868, and in the Daily State Register April 9, 1868. ED WRIGHT, Secretary of State. CHAPTER 116. LEGALIZING NOTARIAL ACTS OF JOSEPHUS EASTMAN. AN ACT to Legalize the Notarial Acts of Josephus Eastman, APRIL 7. Notary Public of Poweshiek County, Iowa. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the official acts of Josephus from March Notarial acts Eastman, a notary public of Poweshiek county, which of J. Eastman were done between March 20th, 1866, and October 9th, 20 to Oct. 9, 1866, after the expiration of his commission and before 1866, legal its renewal, are hereby legalized and made as valid as if they had been done while his commission was in full force. ized. Approved April 7, 1868. APRIL 7. take real es road. Proviso: Dwellinghouses, &c., CHAPTER 117. RAILROADS MAY TAKE REAL ESTATE FOR DAMS AND AN ACT to Enable Railroad Corporations to take and hold Real Estate for the Purpose of constructing and maintaining Dams and Reservoirs to hold and accumulate Water to supply Engines, and for the Purpose of laying down Pipes to supply Water for the use of Engines used in operating such Railroads. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any railroad corporation owning or operating, or that may hereafter own or R. R. corpor- operate, any railroad within this State, may, at such ations may points as may be deemed necessary by said corporation tate for dams for water-stations, take and hold additional real estate & reservoirs for the purpose of erecting and constructing dams and for use of thereby forming reservoirs to accumulate and hold water to supply the engines used in operating such railroad: Provided, That the dwelling-house, out-house, orchard, or garden of the proprietor of any real estate so taken shall not be overflowed or otherwise injuriously affected thereby. The commissioners who may assess the damage to the owner, as hereinafter provided, shall ers to make state in their report whether the dwelling-house, outstatement of house, orchard, or garden of the proprietor of any overflow or estate so taken will be overflowed, or otherwise injuri injury. ously affected, by the erection and maintaining of such Shape of land dam. The land so taken shall at the option of the owner be set apart by such commissioners in a square Owner to or rectangular shape if the owner requests it, including have access. all the overflowed land, but shall not deprive the owner of the land to [of] the access to and use in common with such company of the water in such stream on his own land. not to be overflowed or injured. Commission taken. real SEC. 2. That any such railroad corporation may lay Co. may lay down pipes through any land adjoining the track of pipes through lands adjointhe railroad, and not to a greater distance than three- ing railroads fourths of a mile from such track, (unless by consent of to running the owners of the land through which the pipes may streams. pass beyond that distance.) and maintain and repair such pipes, and thereby conduct water for the supply of the engines of such railroad from any running stream; and such corporation shall without unnecessary delay, after laying down or repairing such pipes, cover Pipes to be the same so as to restore the surface of the land through covered. which they may pass to its natural grade; and said corporation shall as soon as practicable replace any fence that it may be necessary to open in laying down or repairing such pipes; and the owner of the land Owner to through which the same may be laid shall have a right have right to to use the land through which such pipes pass, in any use land. manner not to interfere with such pipes: Provided, Proviso: also, That sa'd pipes shall not be laid to any spring, nor pipes not to be used so as to injuriously withdraw the water from go to spring, any farm. &c. SEC. 3. That in any case under this act, where the owner of any real estate shall refuse to grant the right to construct such dam and reservoir, or to lay down and maintain such pipes, as the case may be, the damage which such owner will sustain by reason of the erecting of said dam and reservoir, or by reason of the laying down and maintaining of such pipes, shall be assessed and paid in the manner provided for assessing Assessment damages in the act entitled "An act granting to rail- of damages. road companies the right of way," contained in Article 3 of Revision of 1860; and all the provisions of Rev., ch. 55, that act, in relation to the assessment and payment of art. 3. damages and to the mode of giving notice to non-residents, and in other cases, shall be applicable to proceedings under this act, and either party shall have a right to appeal from the assessment of damages herein Appeal. provided for in the manner provided in that act contained in said article 3, and with the same effect: Pro- Proviso: vided, That if the commissioners so assessing damages where dwellshall state in their report that the dwelling-house, out- is injured, ing-house,&c. house, orchard, or garden, of the proprietor of any real dam not to be estate so taken, will be overflowed or otherwise injuri- built till trial ously affected by the erection and maintaining of such in dist. court. dam, then said dam shall not be erected until it shall have been otherwise determined on the trial of the said appeal in the district court; and the appeal above provided for shall carry with it the question whether the |