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For neglect or refusal to re

due, or permit

it to be paid.

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[This act is repealed by 20 G. A., ch. 159: See that act in supplement to page 369.J

18 G. A., Ch. 192.

373.

[This act is repealed by 20 G. A., ch. 159: See that act in supplement to page 369.]

CANCELLATION OF RAILROAD AID TAXES.

[Nineteenth General Assembly, Chapter 102.]

SECTION 1. In all cases where taxes have been or may hereafter be voted and levied upon the property of any township, city, or town in any county in this State, for the purpose of aiding in the ceive tax when construction of any railroad, under and by virtue of the laws authorizing and permitting the voting and levying of such tax, and when the railroad company to whom such taxes have been or may hereafter be voted has complied with the terms and conditions upon which such aid or tax was or may hereafter be voted, and when such railroad company, by reason of the compliance with the terms and conditions on which such tax was voted, is entitled to receive the same and have such tax collected and paid, neglects or refuses to receive such taxes, or to permit the same to be paid and collected and certificates issued, as provided by law, for the period of six months after such tax is due and payable, such railroad company shall forfeit all their right to such aid or tax; and the board of supervisors of the county in which such aid or

tax was or may hereafter be voted and levied shall cause such tax
to be abated and canceled on the tax-books of such county: Pro-
vided, that in all cases where taxes have been heretofore voted in
aid of the construction of any railway it shall be the duty of the Notice.
board of supervisors, before causing the cancellation and abate-
ment of such tax, to give the railroad company to whom the tax
was voted at least thirty days' notice in writing of their intention
to abate and cancel such tax, such notice to be served like orig-
inal notices.

[This act is repealed by 20 G. A., ch. 159: See that act in supplement to page 369.]

UNION RAILWAY DEPOTS.

[Twentieth General Assembly, Chapter 139.]

railway cor

the purpose of

SECTION 1. In order to facilitate the public convenience and Persons and safety in the transmission of freight and passengers from one porations may railway to another and to prevent unnecessary expense and incon- organize for venience attending the accumulation of a number of stations in establishing one place, authority is hereby given to any number of persons union depots. or any number of railway corporations or both persons and railway corporations to form themselves into a body corporate under the general incorporation laws of this state relating to corporations for pecuniary profit for the purpose of acquiring, establishing, constructing and maintaining at any place in this state union. station houses or depots for freight or passengers, or for both, with necessary offices for express, baggage and postal rooms in the same or separate buildings, railroad tracts [tracks] and other appurtenances of such depots. And for that purpose may make and file for record articles of association in the manner provided May file artifor such corporations in this state, and any railroad company operating a road in this state or interested in the operation of a road in this state, whether organized under the laws of this state or elsewhere, may become stockholder in such corporation in the same manner an individual might. Such articles may provide for the business of the corporation being conducted under by be conducted laws to be adopted by the stock-holders, in which case a copy of under by-laws. such by-laws shall be posted in the passenger or waiting rooms of the depot and in the office of the company.

cles.

Business may

der act.

SEC. 2. Every corporation formed under the provisions of Power of corthis act shall have power to take and hold for the purposes Portions unmentioned in section 1, such real estate as may be deemed necessary by the railroad commissioners for the location, erection and construction of their depot and its approaches, which they may acquire by purchase or by condemnation as provided by chapter 4, title 10, code of Iowa, 1873, and when condemned and paid for as thereby provided, such real estate shall belong to the corporation.

of city council may make

SEC. 3. Such corporation, with consent of the city council of With consent any city or town in this state in which said depot is located, shall have the right to lay its tracks to make necessary connec- necessary contion with all railways desiring to use such depot upon the streets or alleys of said city, and by and with the consent of such city

nections.

Railroads not

liability for damages.

council may erect such depot upon or across any such street or alley, but no railroad track can thus be located, nor can such depot be so erected until after due injury to property abutting upon the streets or alleys upon which such railway track is proposed to be located or such depot is proposed to be erected, has been ascertained and compensation made in the manner provided for taking private property for works of internal improvement in chapter four of title ten of the code, subject to the provisions of section 464 of the code.

SEC. 4. Nothing in this act contained, or in the articles of released from incorporation or by-laws, of the corporation herein provided for, shall in any manner release the railroad companies using such union depots, tracks or appurtenances from the same liability for all damages by injuries to persons, stock, baggage or freight, or for the loss of baggage or freight, in or about said union depot grounds as if said depot, tracks and appurtenances wholly belonged to and were operated by said railroad companies using

Erection.

Care.

the same.

374.

STATION HOUSES AT INTERSECTIONS.

[Twentieth General Assembly, Chapter 24.]

SECTION 1. All railroad corporations shall at all points of connection, crossing, or intersection with the roads of other corporations, unite with such corporations in establishing and maintaining suitable platforms and station houses for the convenience of passengers desiring to transfer from one road to the other, and for the transfer of passengers, baggage or freight, whenever the same shall be ordered by the railroad commission; and such corporation shall, when so ordered by the railroad commission, keep such depot or passenger house warmed, lighted and opened to the ingress and egress of all passengers a reasonable time before the arrival and until after the departure of all trains carrying passengers on said railroad or railroads; and said railroad companies so connecting, crossing or intersecting, shall stop all trains at said. depots at said connections, crossings or intersections, for the transfer of passengers, baggage and freight, when so ordered by the railroad commission, and the expense of constructing and maintaining such station house and platform shall be paid by such corporations in such proportions as may be fixed by the order of the railroad commission. Such corporations, connecting or intersecting as aforesaid, shall also, whenever ordered by the railroad Connection of commission, so unite and connect the tracks of said several corporations as to permit the transter from the track of one corporation to the other of loaded or unloaded cars designed for transportation upon both roads.

All trains

must stop.

Expense apportioned.

tracks.

Penalty.

SEC. 2. Any railroad corporation or company which, after having received 90 days' notice by the railroad commissioners, shall neglect or refuse to comply with the provisions of section 1 of this act, shall, for every day such corporations or company fails, neg. lects or refuses to comply therewith, forfeit and pay the sum of

twenty-five dollars, which may be recovered in the name of the State of Iowa, for the use of the school fund of the county where

in such crossing or intersection is situated, and it shall be the District attorduty of the prosecuting attorney of the proper judicial district ney to proseto prosecute for and recover the same.

SEC. 1324.

[19 G. A., ch. 104, amends this section by inserting after the word "telegraph," in the second line, the words "or telephone."]

cute.

SEC. 1328.

375.

Woods v.

This does not excuse an operator | between them as to the transaction from producing the telegrams which to which they relate: have passed between parties, when Miller, 55-168. subpoenaed as a witness in an action

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The county cannot maintain action | aid furnished: Bremer Co. v. Curtis, against the pauper or his estate for

SEC. 1352.

Facts considered, as showing the residence of a pauper and defendant's liability for her support: County of Cerro Gordo v. County of Hancock, 58-114.

A prima facie case of settlement is made by proving residence, unless it be proven or conceded that the party is a married woman, in which

SEC. 1353.

51-72.

case it might be necessary to prove
either that her husband resides in
the same county, or that she is de-
serted by him: Scott Co. v. Polk Co.,
61-616.

This section is applicable to the
case of an insane person who be-
comes a county charge: Ibid.

380.

An insane and crippled pauper removed from one county to another, and, supported there by the former county for more than a year, does not

SEC. 1357.

thereby obtain a settlement in the
county to which he is removed: Fay-
ette Co. v. Bremer Co., 56–516.

It does not follow that because a er circumstances. The county furperson is obliged to apply to the coun- nishing relief should have a right of ty for relief where he has no settle-action upon the county of the settlement, he should be removed at once ment for relief so furnished, without to the county of his settlement, re-obligating the supervisors of the latgardless of distance, expense, or oth- ter county to make an order of re

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Where the board of supervisors, as a matter of precaution and in the interest of economy, employ a convenient and competent physician, in advance, to furnish to all poor persons of the county all medicines and medical aid that they may require, the trustees cannot disregard such employment and render the county liable for services rendered by a physician employed by them: Mansfield v. Sac Co., 59-694; Gowley v. Jones Co., 60-159.

settlement. An averment that plaintiff is informed that the pauper has a settlement in defendant county, is not sufficient: Winneshiek Co. v. Allamakee Co., 17 N. W. Rep., 753.

notice that such pauper has become a county charge. In the latter case, the county notified is not under obligation to give notice of its intention to contest the removal; and in case of an action against it by the county furnishing relief, to recover for the relief so furnished, the circuit court has exclusive jurisdiction: Winneshiek Co. v. Allamakee Co., 17 N. W. Rep., 753.

clusive of that of the trustees of the township in which such city is located: Hoyt v. Black Hawk Co., 59 184.

382.

and the trustees, in such case of failure to report, will be held liable to the county for damages arising from continuance of aid to persons not properly entitled to it: Mansfield v. Sac Co., 60-11.

Recovery cannot be had for aid furnished before application is made to the trustees, and the furnishing of such aid is authorized by them: Ibid.

Written orders of the township trustees made under this section and When the trustees authorize aid to upon which the board of supervisors be furnished to a poor person, it may act, are valid although not made of be continued, if done in good faith, record under the provisions of sections until the board of supervisors other-392 and 395: Bremer Co. v. Buwise order, even though the trustees channon Co., 61-624. fail to report the case to the board;

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