CHAPTER 36. TRUSTEES OF BLIND ASYLUM. AN ACT to amend Chapter 161 of the laws of the 9th General creased. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Hon. Norman W. Isbell, of Trustees inLinn county, Hon. Rush Clark, of Johnson county, Hon. James McQuinn, of Benton county, be and are hereby constituted additional members of the Board of Trustees of the Asylum for the Blind, whose term of service shall expire February 1st, 1866, and their Term. successors shall be chosen by the Legislature, for the term of four years. SEC. 2. The term of service of the existing Trus- Term. tees shall expire February 1st, 1868, and their successors shall be chosen by the Legislature for the term of four years. SEC. 3. Members of the Board of Trustees, re- Mileage. siding more than ten miles from the Institution, shall be allowed ten cents per mile to and from their place of meeting, which shall be paid out of the funds of the Institution, for attendance at the quarterly and annual meetings of the Board of Trustees. Approved February 27th, 1864. CHAPTER 37. LEAD MINES. AN ACT to encourage Lead Mining in the State of Iowa. for draining. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That any person, company, or Compensat 'n corporation, who shall by machinery, such as engines or pumps, or by making drains or adit levels or in any other way rid any lead bearing mineral lands or lead mines of water, thereby enabling the miners and the owners of the mineral interest in said lands to make them productive and available for mining purposes, shall be entitled to receive one-tenth of all the lead mineral taken from said lands as compensation for said drainage. Miners give one-tenth, SEC. 2. It shall be the duty of the owner or owners of the mineral interest in said lands, and of the person or persons mining upon and taking lead mineral from said lands jointly and severally to set apart and deliver from time to time when demanded the said one-tenth part of said lead mineral taken from said lands to the person, company or corporation entitled thereto as compensation Rights of parfor drainage. And it shall also be the duty of the ties draining. Owner or owners of the mineral interest in said lands and of the person or persons mining cr taking lead mineral from said lands, to allow the party entitled to such drainage compensation, and the agents of said party at any and all times, to descend into and examine said mines and to enter any building occupied for mining purposes upon any of said lands and to examine and weigh the mineral taken therefrom. the SEC. 3. Upon the failure or refusal of any owner or owners of the mineral interest in said lands or of any person or persons taking the mineral therefrom to comply with provisions of the second Section of this Act, person, company or corporation entitled to said compensation for drainage may sue for, and recover the value of said mineral in any court of competent jurisdiction. And upon the hearing of any such case if it shall appear that the defendant or defendants, obstructed the plaintiff in the exercise of the right to examine the said mines, and to weigh said mineral, or concealed or secretly carried away any mineral taken from said. lands the Court shall render judgment for double the amount proved to be due from such defendant or defendants. SEC. 4. The person, company or corporation entitled to said drainage compensation, may at any time, leave with any smelter or smelters of lead mineral in this State, a written notice stating that said person, company or corporation claim of the person or persons named in said notice the amount to which said person, company or corporation may be entitled under the provisions of this Act, which notice shall have the effect of notices in cases of attachment by garnishment, and also authorize the said smelter or smelters to retain, for the use of the parties entitled thereto, the one-tenth part of the mineral taken from said land and received from the person or persons named in said notice; Provided, That the payment or delivery of the one-tenth part of the mineral taken from any of said lands by any one of the persons or parties whose duty it is made by this Act to pay or deliver the same, shall discharge the parties liable jointly with him, except their liability to contribute among themselves. SEC. 5. Any person, company or corporation, en- Right of way. gaged, as aforesaid, in draining such mines and lead bearing mineral lands, whenever he or they shall deem it necessary for the prosecution of their work shall have the right of way upon, over or under the surface of such mineral lands, and the contiguous and neighboring lands, for the purpose of conveying the water from said mineral lands by troughs, pipes, ditches, water races or tunnels, and the right to construct and use shafts and air holes in and upon the same, doing as little injury as possible in making said improvements. SEC. 6. If the said person, company or corporation Damages. engaged in draining as aforesaid, and the owner or owners of any land upon which said right of way may be deemed necessary cannot agree as to the amount of damages which will be sustained by the owner or owners by reason thereof, the parties may proceed to have the same assessed under the provisions of Article 3 of Chapter 55 of the Laws of Iowa known as the Revision of 1860. owners. SEC. 7. This Act shall not be construed to require Consent of the owners of the mineral interest in any of said lands to take the mineral therefrom or to authorize any other person to take the mineral from said land without the consent of the said owner or owners. SEC. 8. This act being deemed of immediate importance, shall take effect and be in force from and after its publication in the State Register and the Iowa Homestead. Approved March 3d, 1864. I hereby certify that the foregoing Act was published in the Daily State Register on the 5th day of March, A. D. 1864, and in the Iowa Homestead on the 16th day of March, A. D. 1864. JAMES WRIGHT, Secretary of State. CHAPTER 38. COMPENSATION OF DISTRICT ATTORNEYS. AN ACT to amend Section 5 of Chapter 19 of the Acts of the Extra Session of the Ninth General Assembly, entitled "An Act fixing the salaries of certain officers." SECTION 1. Be it enacted by the General Assembly Salary. Fees. Defendant to pay fees. of the State of Iowa, That Section 5 of Chapter 19 of the Acts of the Extra Session of the Ninth General Assembly, be so amended as to read as follows, to-wit: That the salaries of the several District Attorneys shall be six hundred dollars per annum, and in addition the following fees, to be paid in the manner now provided by law. For each conviction, on plea of guilty, five dollars; for each jury trial, in cases of misdemeanor, five dollars; and in each jury trial, in cases of felony, ten dollars. For each judgment for costs only, five dollars; and for all fines and forfeitures actually col lected by him, ten per cent. upon all sums of two hundred dollars and less, and one per cent. upon that part of any sum in excess of two hundred dollars to be audited and allowed like other claims against the county. SEC. 2. In case of conviction as contemplated in the preceding Section, the same fees therein allowed to the District Attorneys, shall be taxed against the defendant which shall be collected by the Clerk and paid into the County Treasury. Approved March 4th, 1864. CHAPTER 39. SOUTHERN BORDER. AN ACT to repeal Chapter 17 of Acts of Extra Session of the Ninth General Assembly, 1862, entitled an Act to provide for the better protection of the Southern Border. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Chapter 17 of the Acts of the Extra Session of the Ninth General Assembly, 1862, entitled an Act to provide for the better protection of the southern border, be and the same is hereby repealed. SEC. 2. This Act being deemed of immediate importance by the General Assembly, shall take effect and be in force from and after its publication in the Daily State Register and Iowa Homestead, newspapers pubished in the city of Des Moines. Approved March 4th, 1864. I hereby certify that the foregoing Act was published in the Daily State Register on the 10th day of March, A. D. 1864, and in the Iowa Homestead on the 16th day of March, A. D. 1864. JAMES WRIGHT, Secretary of State. CHAPTER 40. : LEGAL SETTLEMENT. AN ACT to amend Chapter 57 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the word "white," in the first clause of Section 1376 of the Revision of 1860, be and the same is hereby stricken out. Approved March 10, 1864. CHAPTER 41. SEVENTH JUDICIAL DISTRICT. AN ACT to amend an Act entitled “an Act to change and fix the time of holding Courts in the Seventh Judicial District. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the third paragraph of chapter 164 of the Acts of the Ninth General Assembly be so amended as to read as follows: In the county of Scott on the first Mondays of February, May and November in each year. SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved March 10th, 1864. Terms in Scott County. CHAPTER 42. APPROPRIATION FOR STATE LIBRARY. AN ACT appropriating money for the State Library. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the sum of three thousand $3,000.00 dollars be and the same is hereby appropriated out of the State Treasury for the purpose of increasing the law part of the State Library. Said sum shall be expended |