Repealing clause. SEC. 6. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. AFTER SEC. 4043. 1019.. SALE OF FIRE-ARMS TO MINORS. Unlawful to [Twentieth General Assembly, Chapter 78.] SECTION 1. It shall be unlawful for any person to knowingly sell or give to sell, present or give any pistol, revolver or toy pistol to any minors fire arms or toy pistols. Fine or imprisonment. utled to same civil rights. minor. SEC. 2. Any violation of this act shall be punishable by a fine of not less than twenty-five nor more than one hundred dollars, or by imprisonment in the county jail of not less than ten nor more than thirty days. 15 G. A., Ch. 59. Under this act it is the duty of saloon keepers not only not to permit, but to prevent minors remaining in their saloons, and the same duty is imposed on their employes. If the keeper or employe fails to take prop er measures to prevent, he is to be deemed to permit it, and the liability will not depend upon the knowledge of the keeper or his employe of the fact that the person is a minor: State v. Probasco, 17 N. W. Rep., 607. 1020. DENIAL OF CIVIL RIGHTS. [Twentieth General Assembly, Chapter 105.] SECTION 1. All persons within this state shall be entitled to All citizens en- the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, public conveyances, barber shops, theaters and other places of amusement; subject only to the conditions and limitations established by law, and applicable alike to every person. Violation of Sec. 1, a misdemeanor. Unlawful to destroy quail SEC. 2. Any person who shall violate the foregoing section by denying to any person, except for reasons by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities or privileges enumerated in said section, or by aiding or inciting such denial, shall, for each offense, be deemed guilty of a misdemeanor. 17 G. A., Ch. 156, § 2. 1021. [This section, as amended by 18 G. A., ch. 193, is further amended by 20 G. A., ch. 67, by striking out of the third line of said section the words fifteenth day of August," and inserting in lieu thereof the words "first day of September."] PRESERVATION OF QUAIL [Twentieth General Assembly, Chapter 164.] SECTION 1. It shall be unlawful for any person or persons for two years within this state, to shoot or kill, to catch or attempt to catch, in from October 1st, 1881. any snare, trap or net, any quail from and after the first day of October, 1884, for and during the period of two years from said. date, except for the preservation of the same during the winter months. SEC. 2. The same penalty, as it now exists, in section 7, chap- Penalty. : ter 156, of the laws of 1878 [17 G. A.] shall be held to apply to any violation of this act. AFTER SEC. 4054. 1023. PRESERVATION OF FISH IN PERMANENT LAKES. [Twentieth General Assembly, Chapter 9.] season. SECTION 1. No person shall take by spearing with a gaff, spear Spearing 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. cor- Unlawful SEC. 2. It shall be unlawful for any person, company, or poration, knowingly to buy or sell, or offer for sale, or have in his vending. or their possession, any fish which shall have been taken 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, shail return the same without injury under the penalties of this act. SEC. 3. Any person found guilty of a violation of any of 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. Penalty. SEC. 4. Prosecution for violations of this act may be brought Place of action. 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. cutor and in 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 apsuch attorney and the person filing the information under this act pointed. shall each be entitled to a fee of five dollars for each and every con- Fees of proseviction, which fees of such attorney and informant shall be taxed former. 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 in the case, but in no Fish se zed case under this act shall any county be liable for the fees of such and sold for attorney or informant. SEC. 6. Nothing in this act shall prevent any person from tak Costa. Spearing on one's own land. ing fish of his own propagation or from waters wholly within his own land, to which there is no natural outlet through which the fish pass up or down. AFTER SEC. 4064. 1025. [By 20 G. A., ch. 104, it is required that a bell and a steam whistle shall be placed on each locomotive engine operated on any railway in the state, and signals are required to be given therewith at highway crossings; any officer or employe violating such provisions being subject to punishment by fine: See that act in supplement to page 357. By 20 G. A., ch. 163, trains on any railway are required to be brought to a full stop at the crossing or intersection of its track with any other railway track, and for a violation of this provision a penalty is imposed upon the engineer and the corporation: See that act in supplement to page 357.] SEC. 4072. 1027. day was actually executed on Sunday, may recover thereon. The defense to the note is not an equity which may be set up against one who purchases after maturity: Leightman v. Kadetska, 58-676. The mere operation of a railway train in violation of the provisions of this statute, does not render the railway company liable for damages accidentally occurring without fault or negligence on its part other than the mere operation of the train in violation of statute: Tingle v. C., B. & Q. R. Co., 60-333. 1028. An indictment charging the obtaining by false pretenses of certain notes, designating them as property, and in a second count charging the obtaining in the same manner of the same notes, but designating them as written instruments, the false making of which would be forgery, does not charge two offenses. Such charges might be contained in the same count without rendering the indictment bad for duplicity: The State v. House, 55-466. That the false representations were made in another county will not prevent the offense being punishable in SEC. 4089. the county where the property was obtained. The latter county is the one where the offense was committed: Ibid. False promises, coupled with false statements of fact, may amount to false pretenses: The State v. Montgomery, 56-195. The question is for the jury whether the false representations actually misled the person claimed to have been defrauded, and in determining that question, they should take into account his age, experience, state of health, etc.: Ibid. 1033. Shade trees at the side of the high- | 61-71. way, which would not interfere with As to power of municipal corpora the traveled track if confined to the | tion to abate nuisances, see section center of the highway, should be per 471. mitted to stand: Quinton v. Burton, [The proviso at the end of this section seems to be meaningless, as there is no provision for authentication of a warrant of arrest on preliminary information. See § 4190.] A defendant in a prosecution for took place at such time that the prosembezzlement is not estopped by sub-ecution therefor is barred: State v. sequent fraudulent statements from Hutchinson, 60-478. showing that the defalcation actually |
