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LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY.

CHAPTER 14.

TO EXTEND THE BENEFITS OF FREE PUBLIC LIBRARIES.

8. F. 159.

[CH. 14

AN ACT to amend the law as it appears in section seven hundred and twenty-nine (729) of the supplement to the code, and four hundred and twenty-two (422) of the code, relating to the powers of trustees of public libraries and to provide for the use of same by residents outside the corporate limits of the town or city in which the library is located. Also additional to title four (4) chapter ten (10) of the code, relating to the powers of township trustees. [Also additional to chapter four (4) of title five (V) of the code relating to general powers of cities and towns.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Powers of library trustees. The law as it appears in section seven hundred and twenty-nine (729), of the supplement to the code, be and is hereby amended by inserting, after the word "law", in line twentytwo (22), the words, "and of the expenditure of all moneys available by gift or otherwise, for the erection of library buildings", and also further amended by adding thereto an additional paragraph as sub-division seven hundred and twenty-nine [-d] (729-d), as follows:

"Said board of library trustees shall have power to contract with the trustees of the township or the board of supervisors of the county in which the library is situated, or of adjacent townships or counties, or with the trustees or governing bodies of any neighboring towns or cities not having library facilities for the public, to loan the books of ssid library, either singly or in groups, upon such terms as may be agreed upon in such contract."

SEC. 2. Board of supervisors-power to contract for use of public libraries. Section four hundred and twenty-two (422) of the code be and hereby is amended by changing the present clause or sub-division, which is numbered twenty-two (22) to twenty-three (23) and insert a new sub-division, which shall be numbered twenty-two (22) as follows:

"To contract with the trustees of any free public library for the use of said library by the people residing outside the corporate limits of the town or city in which such free library is located, upon the same terms and conditions as those granted to residents in said town or city, and to pay such library such an amount as may be agreed upon therefor, and to levy a tax not exceeding one mill on the dollar of the taxable valuation of the county outside the corporate limits of the cities and towns located therein.'

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SEC. 3. Township trustees-power to contract for use of public libraries. The township trustees shall have power to contract with the trustees of any free public library for the use of said library by the people residing outside the corporate limits of the town or city in which such free public library is located, upon the same terms and conditions as those granted to residents in said town or city, and to pay such library such an amount, as may be agreed upon therefor; and may, at the April meeting, on petition of a majority of the resident freeholders of the territory upon which such tax is to be levied, levy a tax not exceeding one mill on each dollar of taxable property of the township outside the city or town in which such library is located, the fund derived therefrom constituting a special fund to be known as a library fund which shall be used for no purpose other than is contemplated in this section, this being additional to chapter ten (10) of title four (4) of the code. SEC. 4. City or town councils-power to contract for use of public libraries. They shall have the power to contract with the trustees of any free public library for the use of said library by the people of the city or town not having the use of a free library, upon the same terms and conditions as those granted to residents in the city or town where the library is located, and to pay such library such an amount as may be agreed upon

CH 16]

LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY.

therefor, and to levy a tax not exceeding one mill on each dollar of taxable valuation of the city or town for payment therefor. This shall be additional to chapter four (4), title five (5) of the code.

SEC. 5. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Des Moines Register and Leader, and the Daily Iowa Capital, newspapers published in Des Moines, Iowa.

Approved April 5, A. D. 1906.

I hereby certify that the foregoing act was published in the Des Moines Register and Leader and the Daily Iowa Capital, April 11, 1906.

W. B. MARTIN,
Secretary of State.

CHAPTER 15.

OFFICIAL NEWSPAPERS.

S. F. 16.

AN ACT to amend the law as it appears in section four hundred and forty-one (441) of the supplement to the code in relation to official newspapers.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. In certain counties. The law as it appears in section four hundred and forty-one (441) in the supplement to the code, is hereby amended by striking out the word "seventeen" in the twentieth line of said section and inserting in lieu thereof the word "fifteen". Approved April 10, A. D. 1906.

CHAPTER 16.

COUNTY RECORDER TO KEEP A FEE BOOK.

H. F. 203.

AN ACT to amend section four hundred and ninety-eight (498) of the code, requiring county recorders to keep a fee book and make a permanent record of all fees charged. Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Fee book. That section four hundred and ninety-eight (498) of the code be and the same is hereby amended, by adding thereto, following the second paragraph thereof the following:

"3. He shall keep a fee book which shall be ruled in appropriate columns in which he shall enter each and every instrument filed for record, each instrument shall be numbered in numerals from one consecutively through the year, and shall commence with number '1' on and immediately after the date of settlement with the board of supervisors each year. He shall enter on said fee book from left to right in appropriately ruled columns as follows: the number of the instrument, grantor, grantee and character of instrument, carrying out in separate columns the fee charged in dollars and cents in each case and said fee book shall be a part of the records of the office of the county recorder and shall be kept and maintained therein as the other books and records thereof. He shall also enter or cause to be entered at the top of the page where the permanent record of the instrument begins, these words. "Recording fee-" and place on blank line the exact amount charged in dollars and cents for each instrument recorded." Approved April 10, A. D. 1906.

LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY.

CHAPTER 17.

GIFTS, DEVISES OR BEQUESTS TO TOWNSHIPS.

H. F. 32.

[CH. 19

AN ACT to amend section five hundred eighty-five (585) of the code relating to townships and township officers.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Gifts, devises or bequests. Section five hundred eightyfive (085) of the code is hereby amended by adding thereto the following: "Civil townships are hereby authorized and empowered to receive by gift, devise, or bequest, money or property for the purpose of establishing and maintaining libraries, township halls, cemeteries, or for any other public purpose. All such gifts, devises, or bequests, shall be effectual only when accepted by resolution of the board of trustees of such township." Approved February 26, A. D. 1906.

CHAPTER 18.

TRANSFER OF TOWNSHIP HALL FUNDS.

H. F. 366.

AN ACT relative to the transfer of funds raised by townships for the purpose of building public halls, additional to chapter ten (10) title four (4) of the code, [relating to townships and township officers.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Township hall funds-transfer authorized-how made. That whenever there is now, funds in the hands of any township clerk, when same was raised under the provisions of sections five hundred and sixty-seven (567) and five hundred and sixty-eight (568) of the code, when same is not desired for the purposes set forth in above mentioned sections, then said fund may be transferred to road fund of any township wherein same was raised, when a petition is presented to the trustees, signed by a majority of the electors of said township, that voted at the last regular election, prior to the signing of said petition, as shown by the poll books of said township. Said transfer of funds to be made by the township clerk, upon the filing of said petition with said clerk, upon order of the trustees. Approved April 10, A. D. 1906.

CHAPTER 19.

SEVERANCE OF TERRITORY FROM CITIES AND TOWNS.

S. F. 62.

AN ACT amending section six hundred and twenty-two (622) of the code in relation to the severance of territory from towns and cities.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Majority petition. That section six hundred and twentytwo (622) of the code, be and the same is, hereby amended by adding thereto the following:

"Where the property sought to be severed has not been subdivided into lots or blocks and there are no owners residing upon any portion of the same, the petition may be signed and the proceedings maintained in like manner by a majority of the owners of the property sought to be severed."

CH. 21]

LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY.

SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Daily Capital and the Register & Leader newspapers published in Des Moines, Iowa.

Approved February 17, A. D. 1906.

I hereby certify that the foregoing act was published in the Daily Capital, February 19, 1906 and the Register and Leader, February 20, 1906.

W. B. MARTIN,
Secretary of State.

CHAPTER 20.

CONDEMNATION OF PROPERTY BY CITIES AND TOWNS FOR PURPOSE OF CONSTRUCTING DAMS.

H. F. 275.

AN ACT to amend section seven hundred and twenty-two (722) of the code, relative to the condemnation of property by cities and towns, for the purpose of constructing and maintaining dams across the waters and water courses of the state, in forming reservoirs and sources of water to supply water works or plants.

Be it enacted by the General Assembly of the State of Iowa:

Section 1. Construction of dams included. That section seven hundred and twenty-two (722) of the code be amended by inserting after the word "plants" in the third line of said section the words and characters as follows: "and for the purpose of constructing and maintaining dams across the nonnavigable waters and water courses of the state in forming reservoirs and sources of water to supply such water works and plants".

Sec. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after the date of its publication in the Register and Leader and the Des Moines Daily News, newspapers published in the city of Des Moines, Iowa.

Approved March 30, A. D. 1906.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Daily News, April 2, 1906.

W. B. MARTIN.
Secretary of State.

CHAPTER 21.

LEVY OF TAXES FOR LIBRARY PURPOSES.

S. F. 61.

AN ACT to repeal the law as it appears in section seven hundred and thirty-two (732) of the supplement to the code, and to repeal chapter thirty-eight (38) of the laws of the Thirtieth General Assembly, and to enact substitutes therefor, relative to the levy of taxes for library purposes.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed-library tax. That the law as it appears in section seven hundred and thirty-two (732) of the supplement to the code be and the same is hereby repealed and the following enacted in lieu thereof:

"Sec. 732. The board of trustees shall, before the first day of August in each year, determine and fix the amount or rate, not exceeding three mills on the dollar in all cities and incorporated towns having a population of not more than six thousand (6000), and not exceeding two mills on the dollar in all other cities, of the taxable valuation of such city or town, to be levied, collected and appropriated for the ensuing year for the maintenance of such library; and in cities and towns also the amount or rate, not exceeding three mills on the dollar of the taxable valuation of such city, to be levied, collected

LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY.

[CH. 22 and appropriated for the purchase of real estate and the erection of a building or buildings thereon for a public library, or for the payment of interest on any indebtedness incurred for that purpose, and for the creation of a sinking fund for the extinguishment of such indebtedness; and shall cause the same to be certified to the city council, which shall levy such tax or so much thereof as it may deem necessary to promote library interests for each of said purposes so determined and fixed, and certify the percentum thereof to the county auditor, with the other taxes for said year."

SEC. 2. Repealed-library tax. That chapter thirty-eight (38) of the laws of the Thirtieth General Assembly be and the same is hereby repealed and the following enacted in lieu thereof:

"4. In cities and towns which have established, or may hereafter establish, a free public library when the trustees of such library have made the certificate provided for in section one hereof, a tax in the amount so certified, but not exceeding in any one year three mills on the dollar in all cities and incorporated towns having a population of not more than six thousand (6000), and not exceeding in any one year two mills on the dollar in all other cities, to be used for the maintenance of such library; and in such cities and towns an additional tax not exceeding in any one year three mills on the dollar, for the purchase of real estate and the erection of a building or buildings thereon for a public library, or for the payment of interest on any indebtedness incurred for that purpose, and for the creation of a sinking fund for the extinguishment of such indebtedness."

Approved March 30, A. D. 1906.

CHAPTER 22.

CONSTRUCTION AND MAINTENANCE OF HOSPITALS IN CERTAIN CITIES.

H. F. 381.

AN ACT providing for the creation of a hospital board in cities having a population over twelve thousand five hundred, and providing for the construction and maintaining of a hospital therein, and authorizing the creation of an indebtedness therefor and the levy of a tax upon the property in such cities for the payment of said indebtedness, and providing certain conditions under which an indebtedness for this purpose may in cities of the second class exceed one and one-fourth per centum of the actual valuation of property in such cities. (Additional to chapter four (4) of title five (V) of the code, relating to general powers of cities and towns.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Hospital trustees. Cities having a population of over twelve thousand five hundred may by ordinance provide for the election at a general or special election of three hospital trustees, whose terms of office shall be six years, one to be elected each even numbered year, but at the first election three shall be elected and hold their office, respectively, for two, four and six years, and who shall by lot determine their respective terms.

SEC. 2. Hospital board-organization-officers-duties. The said trustees shall within ten days after their election, qualify by taking the oath of office and organize as a hospital board, by the election of one of their number as chairman and one as secretary, but no bond shall be required of them. They shall also elect a treasurer not one of their number who shall give bonds in the sum of twenty-five thousand dollars, the penalty of which may be increased by the board. The treasurer shall receive and pay out all the moneys under the control of the said board as ordered by it, but shall receive no compensation for his services. No commissioner shall receive any compensation for his services performed, but he may receive reimbursement for any cash expenses actually made for personal expenses incurred as such trustee, but an itemized statement of all such expenses

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