advance fees not allowed. ing closed, the building erection or place, as in said section required he shall receive such reasonable fees, as the Court may allow. All such fees and costs to be paid out of the proceeds of the property, sold so far as the same may be available. SEC. 2. In any action brought by a citizen of the county as Demand for provided by section 1, chapter 66, of the Acts of the 21" General Assembly, no Officer, or witness shall be entitled to demand his fees, for services or attendance in advance. And the costs, in case of failure of the prosecution, or inability to collect the same from the defendant, shall be paid in the same manner as provided by law for the payment of fees in the case of criminal prosecutions. But nothing herein shall prevent the court trying such action from taxing the costs to the party bringing the same, in case it appears that the action was brought maliciously and without probable cause. SEC. 3. In any action to restrain a nuisance brought under chapter 143, of the Acts of the 20" General Assembly, or Chapter 66 of the Acts of the 21" General Assembly, the party entitled under section 2, of said chapter 66, of the Acts of the 21, General Assembly, to demand a temporary injunction, shall be entitled, on such application for a temporary injunction, to Temporary inprove the existence of such nuisance, by affidavits, depositions, junction. or testimony of witnesses examined orally in court, at his elec tion, unless the court has by previous order otherwise fixed the form and manner of evidence to be adduced, provided however that the plaintiff shall serve the defendant or his counsel with notice of such application, at least three days before such hearing. SEC. 4. In any action to enjoin a nuisance as authorized by section 12, of chapter 143, of the Acts of the 20" General As sembly and chapter 66, of the Acts of the 21" General Assembly, the injunction granted shall be binding on the party or parties enjoined throughout the Judicial District in which the Action is brought. And any person enjoined in such Action, who Injunction shall while such injunction remains in force, again engage in, binding or be in any manner concerned in the selling, or keeping for district. sale, contrary to law, of any intoxicating liquor, any where within the Jurisdiction of the court, he shall be deemed guilty of Contempt of Court and punished accordingly. throughout SEC. 5. In all cases of proceedings against persons charged with contempt for violating any injunctions, either temporary Violation of or permanent, issued or decreed, under said chapter 143, Acts injunction. of the 20, General Assembly or Chapter 66, Acts of the 21" General Assembly, or under this Act, the Court shall order that the Attorney prosecuting or constructing such proceedings against the person so charged, shall be allowed ten per cent. of the amount of the fine assessed against such person, if a fine be as. sessed against him. And the clerk of the court, when such fine is paid, shall pay over to such Attorney the amount thus allowed him. Chapter 66 acts 21 G. A. amended. Shipping pack. age must be correctly labelled. Publication. SEC. 6. That section 1553, of the Code as substituted and enacted in section 10 of chapter 66, of the Acts of the 21" General Assembly, be amended by striking out the words, "knowingly bring within this State for any other person or persons or Corporation or shall knowingly," where they occur in said section, and insert in lieu of the words so stricken out, the word "shall," and that said section 1553 be and same is further amended by adding at the end thereof the following: Provided however that the defendant may show as a defense hereunder by preponderance of evidence that the character and circumstances of the shipment and its contents were unknown to him. SEC. 7. It shall be unlawful for any common carrier or other person, to transport or convey by any means, from point to point or from one place to another within this State, any intoxicating liquor, unless the vessel, or other package containing such liquors, shall be plainly and correctly labelled or marked, showing the quantity and kind of liquor contained therein, as well as the name of the party to whom it is to be delivered. And no person shall be authorized to receive or keep such liquors unless the same be marked or labelled as herein required. The violation of any provision of this section, by any common carrier or any agent, or employe of such carrier or by any other person, shall be punished the same as provided in Sec. 1553, as substituted and enacted in Sec. 10, Chapter 66 Acts of 21" General Assembly, for the violation of the provisions of that section. And liquors conveyed or transported, or delivered without being marked or labelled as herein required, whether in the hands of the carrier or some one to whom it shall have been delivered shall be subject to seizure and condemnation as liquor kept for illegal sale. SEC. 8. 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 at Des Moines Iowa. Approved April 12, 1888. I hereby certify that the foregoing act was published in the Iowa State Register April 19, and the Des Moines Leader April 20, 1888. FRANK D. JACKSON, Secretary of State. STATE INSTITUTIONS. CHAPTER 74. TRUSTEES OF SOLDIERS ORPHANS HOME. AN ACT to Repeal Section 1623 of the Code and Enact a Substitute s. F. No. 320. Be it enacted by the General Assembly of the State of Iowa: SEC. 1623. The board of Trustees of the Iowa Soldiers Orphans Home and home for destitute children shall consist of three persons, one of whom shall be a woman, one of whom shall be a resident of Scott county and no two of whom shall be residents of the same congressional district, The twenty-third general Assembly shall appoint one of said trustees to serve for two years, one for four years and one for six years, and each general Assembly thereafter shall appoint one trustee for said home to serve for a period of six years. Approved April 9, 1888. Who shall constitute board of trustees. CHAPTER 75. HOSPITAL FOR INSANE AT CLARINDA, COMMISSIONERS AND TRUS TEES. AN ACT Relating to the Hospital for the Insane at Clarinda; to the s. F. 45. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the hospital for the insane, located at Clar. Name. inda, in Page County, shall be known by the name of the Iowa Hospital for the Insane at Clarinda. Trustees. Trustees, SEC. 2. That said hospital shall be under the charge and control of five trustees, one of whom may be a woman, one of whom shall be a resident of Page county, three of whom shall constitute a quorum for the transaction of business; but three affirmative votes shall be necessary to carry any measure, and no member of the General Assembly shall be eligible to that office. SEC. 3. That said trustees shall be elected by the Twentyterms of office. Second General Assembly, two of whom shall be elected for two years, two of whom shall be elected for four years, and one of whom shall be elected for six years, their term of office to commence on the second Wednesday of March, 1888. Duties and powers of Trustees. Trustees, qualification. SEC. 4. The duties and powers of said trustees shall be as the duties and powers of the trustees of the hospitals for the insane located at Mount Pleasant and Independence, Provided in chapter 2, of title 11, of the code, and all amendments made thereto. SEC. 5. That said trustees shall qualify in manner as the trustees for the hospitals at Mt. Pleasant and Independence, and shall convene at Clarinda, Iowa, on the second Wednesday Time of organ- of March 1888, and perfect their organization, take possession of the property of the State and enter upon the discharge of their duties. ization. Office of Commissioners vacated. Commissioners final report. Publication. SEC. 6. That when said trustees have qualified and entered upon the discharge of their duties, the Board of Commissioners, who now have charge of said hospital, shall cease to act and their offices shall therefrom be vacated and thereafter the powers and duties of said Board of Commissioners, as provided in chapter 201, of the Acts, of the Twentieth General Assembly, shall devolve upon, and be exercised by the trustees aforesaid. SEC. 7. That said Board of Commissioners, shall on or before the first Wednesday of May, 1888, make their final report to the Governor in manner as by law required. SEC. 8. This act being deemed of immediate importance shall take effect from and after its passage and publication in the Iowa State Register, and the Des Moines Leader, newspapers published at Des Moines, Iowa. Approved Feb. 16, 1888. I hereby certify that the foregoing act was published in the Iowa State Register and Des Moines Leader February 18, 1888. FRANK D. JACKSON, Secretary of State. CHAPTER 76. ADMISSION OF PATIENTS TO HOSPITALS FOR INSANE. AN ACT To Amend Section 1432 of the Code of Iowa in Regard to s. F. 384. the Admission of Patients into the Insane Hospital. Be it enacted by the General Assembly of the State of Iowa: Code SECTION 1. That Section 1432 of the Code be and the same Sec. 1432 of is hereby amended by striking out the word "two" in the first amended. line of said section and by striking out the words "Each or either" in the 6th line of said section and inserting in lieu thereof the word "any." SEC. 2. This act being deemed of immediate importance shall Publication. be in force from and after its publication in the Iowa State Register and Des Moines Leader-Newspapers published at Des Moines Iowa. Approved March 30, 1888. I hereby certify that the foregoing act was published in the lowa State Register and Des Moines Leader April 3, 1888. FRANK D. JACKSON, Secretary of State. CHAPTER 77. EXPENSES OF CERTAIN TRUSTEES, VISITORS AND REGENTS. AN ACT To Amend Chapter 92, Laws of the 17th General Assem- s. F. 389. Be it enacted by the General Assembly of the State of Iowa: Visiting Com. SEC. 2. That the Trustees of State Institutions, members of Expenses Visiting Committees to the Hospitals for the Insane and Re- Trustees and gents of the State University shall receive as their compensation Four (84) Dollars per day for each and every day actually employed in the discharge of their duties, and the actual and necessary expenses incurred while so engaged; but in no case shall the amount allowed for expenses exceed Five (5) cents per mile by the nearest traveled route necessarily traveled in such business. Approved April 11, 1888. |