by the Board of Public Works and approved by the mayor and council, but if there be no board of public works, then they shall be such as may be required by the council. SEC. 4. When two or more railroad companies own or Where two or operate separate lines of track to be crossed by any such viaduct, more compa the proportion thereof, and of the approaches thereto, to be con- terest. structed by each, or of the cost to be borne by each shall be determined by the council. After the completion of any such viaduct, any revenue derived therefrom by the crossing thereon Revenue. of street railway lines, or otherwise, shall constitute a special fund, and shall be applied in making repairs to such viaduct. One half of all ordinary repairs to such viaduct, or to the approaches thereto, shall be paid out of such fund, or shall be borne by the city, and the remaining half shall be borne by the railroad company or companies and if the track of more than one company is so crossed the said one half of such repairs shall be borne by such companies in the same proportion as the original construction of such viaduct. bond. SEC. 5. Every city to which this act applies is authorized Indemnity and empowered to receive a bond of indemnity from persons interested in the construction of any such viaduct conditioned for the payment of all the damages which may be assessed in favor of abutting property owners together with costs. SEC. 6. If any railroad company neglects or refuses for more Refusal to than thirty days after such notice as may be prescribed by ordi- comply. nance, to comply with the requirements of any ordinance passed under the provisions hereof, the city may construct or repair the viaduct or approach or portion of viaduct or approach which such ordinance may require such railroad company to construct or maintain, and recover the cost of such construction or maintenance from such railroad company in any court of competent jurisdiction. SEC. 7. 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 the Des Moines Leader, newspapers published in Des Moines, Iowa. Approved April 7, 1888. I hereby certify that the foregoing was published in the Iowa State Register and Des Moines Leader April 17, 1888 FRANK D. JACKSON, Secretary of State. COURTS. H. F. 187. Sec. 159 of code amended. CHAPTER 33. DISTRIBUTION OF REPORTS OF SUPREME COURTS. AN ACT Amending Section One Hundred and Fifty nine (159) of the Code of 1973, in Regard to the Disposition of the Reports of the Supreme Court of the State. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 159 of the Code be amended by striking out the word "circuit" in the sixth line thereof and inserting the word "superior" in lieu thereof, and after the word "state" in the eighth line insert the following: "And two copies to each county where the district court is held in more than one place, one copy to be given to each place where court is held and one copy to the Supreme Court reporter." Approved April 3, 1888. 8. F. 213. Date of holding terms. Chapter 59, 21 ble. . CHAPTER 34. SUPREME COURT TERMS. AN ACT Relating to the Supreme Court and to the Terms Thereof. SECTION 1. The Supreme Court shall hold three terms each year, one of which shall commence on the third Tuesday in January, one on the second Tuesday in May, and one on the first Tuesday in October. SEC. 2. All the provisions of chapter 59 of the laws of G. A. applica- the Twenty first General Assembly, except as to times of hold. ing terms of said court, are hereby made to apply to this act. SEC. 3. All cases heretofore appealed or which may be appealed and which under said chapter 59 would have been triable at the term of said court, by said chapter 59 ordered to convene in March, 1888, are hereby made triable at the May, 1888, term, by this act provided for. Cases triable SEC. 4. That part of section one of said chapter 59, and Conflicting acts repealed. all other acts and parts of acts in conflict herewith, are hereby repealed. SEC. 5. 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 Des Moines Leader, newspapers published at Des Moines, Iowa. Approved February 16, 1888. I hereby certify that the foregoing act was published in the Lowa State Register and Des Moines Leader, February 18, 1888. FRANK D. JACKSON, Secretary of State. CHAPTER 35. FILING OF TRANSCRIPT IN APPEALS TO SUPREME COURT. AN ACT to Amend Section 3179 of the Code. H. F. 455. of record to be furnished. J Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 3179 of the Code be and the same is hereby amended by adding the following: But no transcript No transcript of the record need be forwarded to the Supreme Court until a denial of appellants abstract of the record has been served and if no denial shall be made no transcript of the record shall be required. If such denial shall be entered without good and sufficient cause therefor the costs for such transcript of the record shall be taxed to the party making the denial. Approved April 6, 1888. CHAPTER 36. EMPLOYMENT OF DEPUTIES. AN ACT to Amend Sections 766 and 3784 of the Code and Section H. F. 21. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 766 of the Code of Iowa be and the same is hereby amended by striking out the words, "Each clerk of the district and circuit courts" in the third line thereof and of district Deputy clerk inserting after the word "deputy" in the fifth line thereof the words "and each clerk of the district court may appoint one deputy or in counties having a population in excess of 30,000 inhabitants more than one if so ordered by the court." court. When more than one. Board of su employ depu ties. Compensation. SEC. 2. That section one of chapter 184, laws of the eighteenth general assembly be and the same is hereby amended by inserting after the word "employed" in the 24th line of said section, the following: provided, however, that in all counties having a population of 25,000 and not over 36,000 as shown by the last State census, where the board of supervispervisors may ors find it necessary to have a deputy clerk, deputy treasurer and deputy auditor, there shall be allowed as compensation to such deputy clerk, deputy treasurer, and deputy auditor, for their service, a sum equal to not more than two-thirds (3) the salary or compensation of the county clerk, county treasurer and county auditor of such county, respectively, as the board of supervisors may direct: "Provided, that in counties having a population in excess of forty thousand, the Court, upon application of the clerk, may authorize said clerk to appoint, subject Three deputies to the approval of the board of supervisors, not more than three deputies and one or more clerks, and determine in its order the number of such deputies and clerks;" also by striking out the word "deputy" in the 27th line thereof, and substituting the word "deputies" therefor; also by striking out the words "but that the total compensation shall not exceed thirtyfive hundred dollars," in the thirty third and thirty fourth lines, and substituting therefor the following: "but the total compensation shall not exceed the fees received by such clerk, or the sum of five thousand dollars, if such fees be less than said sum." 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 "Des Moines Leader" newspapers published in Des Moines, Iowa. may be ap pointed. Compensation. Publication. Approved March 3, 1888. I hereby certify that the foregoing act was published in the lowa State Register and Des Moines Leader, March 6, 1888. FRANK D. JACKSON, Secretary of State. CHAPTER 37. JURISDICTION OF THE DISTRICT COURT HELD AT OTHER PLACES AN ACT to Amend Section Five (5) of Chapter One Hundred and H. F. 580. Thirty four (134) of the Acts of the Twenty first General Assem bly and to Define the Jurisdiction of the District Court Held at Places Other than County Seats. Be it enacted by the General Assembly of the State of Iowa: 21 G. A., SECTION 1. That section five (5) of chapter one hundred Chap. 134, acts and thirty-four (134) of the acts of the Twenty-first Gen- amended. eral Assembly be amended as follows: By striking out the whole of the fourth (4th) line, and the words "at County Seats" in the fifth (5th) line of said section five, and inserting in place thereof, the words, "and grand jurors and petit jurors shall be drawn and summoned for the terms at all such places, according to law from the territory from which petit jurors have hereto. fore been chosen." SEC. 2. By striking out the whole of line eight (8) and nine Dist. Court's (9) and the words "the Circuit Court" in the 10th line of said jurisdiction. Section five (5), and inserting in place thereof, "and the district court shall hear and determine all causes, including civil, probate and criminal within the territory over which the Circuit Court has heretofore had jurisdiction," and by inserting the words, "grand and petit" between the words "and" and "jurors" in the tenth line of said section. SEC. 3. By striking out of the 23rd line of said section five (5) the words, "Provided, that this section shall not affect❞ and the whole of line twenty-four (24) and the words "ten years" from the 25th line of said section five (5) aforesaid. Approved April 6, 1888. CHAPTER 38. RELATING TO GRAND JURIES. AN ACT to Amend Section Four Thousand, Two Hundred and H. F. 122. Seventy five (4275) of the Code Relating to Grand Jurors. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 4275 of the code be and the same is Sec. 4275 of Code hereby amended by adding to said section at the end thereof, amended. |