LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 21 SEC. 2. Two-thirds vote required. That section four hundred two (402) of the code be, and the same is hereby amended as follows: strike out the period at the end of said section, insert a semi-colon therefor, and add thereafter these words: “provided, however, that where a county seat has been located continuously in one place for forty years or more two-thirds of all the votes cast must be in favor of the proposition to remove said county seat before the board shall make a record thereof and declare the county seat removed; and in the absence of said two-thirds vote in favor of such proposition there shall be no removal, and provided further that the provisions hereof shall not be held to apply where the proposition is to relocate a county seat within the corporate limits of a city or town, where one is already located, and, provided further, that the provisions hereof shall not apply when the distance between the limits of the proposed county seat and the limits of the then existing county seat does not exceed one mile. SEC. 3. In effect. This act being deemed of immediate importance shall be in force and effect from and after its passage and its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved March 1, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital March 2, 1911. W. C. HAYWARD, CHAPTER 21. TRANSFER OF SURPLUS IN COUNTY BOND FUND. S. F. 117. AN ACT to amend the law as it appears in section four hundred seven (407) of the supplement to the code-1907, authorizing the board of supervisors of a county to transfer any surplus in the bond fund raised under section four hundred three (403) of the supplement to the code-1907, after payment of all bonds and interests, to the particular fund or funds on account of which the bonds were issued. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Transfer authorized. The law as it appears in section four hundred seven (407) of the supplement to the code, 1907, is hereby amended by adding to said section the following: "If after the payment of all bonds and interests provided for in section four hundred three (403) of the supplement to the code 1907, there remains any money in said bond fund, the board of supervisors may by resolution transfer said funds to the particular fund or funds on account of which the indebtedness arose for which said bonds were issued." 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 Register and Leader and Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved February 27, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital February 28, 1911, and in the Register and Leader March 1, 1911. W. C. HAYWARD, Secretary of State. CH. 24] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 22. SUPERVISOR DISTRICTS. H. F. 75. AN ACT to amend the law as it appears in section four hundred sixteen (416) of the code, relating to county supervisor districts. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. County divided into supervisor districts-when. Section four hundred sixteen (416) of the code is hereby amended by striking the word "June" from the second line thereof and inserting the word "January" in lieu thereof. Approved February 2, A. D. 1911. CHAPTER 23. POWERS OF BOARDS OF SUPERVISORS. H. F. 387. AN ACT amending the law as it appears in paragraph nine (9) of section four hundred and twenty-two (422) supplement to the code, 1907 relating to the powers of boards of supervisors. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Purchase of real estate for county building. That the law as it appears in paragraph nine (9) section four hundred and twenty-two (422) supplement to the code, 1907 be amended by inserting after the word "is" and before the word "located" in line five (5) in said paragraph the words "at the time of such proposed change". Approved April 1, A. D., 1911. CHAPTER 24. POWERS AND DUTIES OF SUPERVISORS AND TOWNSHIP TRUSTEES. S. F. 421. AN ACT to amend sections one thousand seventy-two (1072), four hundred twenty-two (422), one thousand three hundred three (1303), four hundred sixty-nine (469) of the supplement to the code, 1907, and section sixteen (16) chapter one hundred eighteen (118), section one (1) chapter ninety-seven (97) of the acts of the thirtythird general assembly and to repeal section five (5) of chapter ninety-six (96) of the acts of the thirty-third general assembly, and to repeal section fifteen hundred twenty-eight (1528) of the supplement to the code, 1907, and to enact a substitute therefor relating to the election of officers, to the powers of the board of supervisors, levying of taxes and powers and duties of the township trustees. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Provisions for election of county surveyor repealed. Amend section one thousand seventy-two (1072) of the supplement to the code, 1907, by striking from the seventh line of said section the words "a surveyor". LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 24 SEC. 2. Supervisors to employ engineer-duties. Amend section four hundred twenty-two (422) of the supplement to the code, 1907, by adding thereto paragraph twenty-four (24). "Paragraph 24. To employ a competent person who shall perform all of the duties now belonging to the office of county surveyor, and who may be employed by them for the purpose of making general specifications for the grading, repairing and building of roads, bridges and culverts, and to perform such other duties as the board of supervisors may determine." SEC. 3. Levy for county road building purposes. Amend section one thousand three hundred three (1303) of the supplement to the code, 1907, by adding thereto paragraph five (5). "Paragraph 5. For the grading and building of roads not more than two mills on a dollar, to be known as the county road building fund, but such tax shall not be levied upon any property assessable within the limits of any city or incorporated town and none of such road tax shall be used in the grading or building of any roads within the limits of such cities or incorporated towns.' SEC. 4. Compensation of supervisors for committee work. Amend section four hundred sixty-nine (469) of the supplement of the code, 1907, by striking out the word "three" in the fifth line of said section and inserting in lieu thereof the word "four". SEC. 5. Construction of levee or drain across highway. Amend section sixteen (16) of chapter one hundred eighteen (118), of the acts of the thirtythird general assembly by striking out all of said section following the comma (,) following the word "fund" in the twenty-first line and inserting in lieu thereof the following: "Or out of a fund created for said purpose as provided in section one thousand five hundred twenty-eight (1528) of the supplement to the code, 1907." SEC. 6. County road and drainage funds. Amend section one (1) of chapter ninety-seven (97) of the acts of the thirty-third general assembly by striking out all of said section after the period (.) following the word "chapter'' in line thirty-seven of said section. SEC. 7. Repeal. That section five (5) of chapter ninety-six (96) of the acts of the thirty-third general assembly be and the same is hereby repealed. SEC. 8. Repeal-powers and duties of trustees. That section one thousand five hundred twenty-eight (1528) of the supplement to the code, 1907, is hereby repealed and the following enacted in lieu thereof: "The township trustees of each township shall meet on the first Monday in February and on the first Monday in April, or as soon thereafter as the assessment book is received by the township clerk and on the first Monday in November in each year. At the February meeting said trustees shall select a superintendent of dragging and employ a road superintendent. At the April meeting said trustees shall determine: "1. The rate of property tax to be levied for the succeeding year for the repair of the roads, culverts and bridges and for guide boards, plows, scrapers, road drags, tools and machinery adapted to the repair of the roads, culverts and bridges and for the destruction of noxious weeds in public highways and other public places and for the payment of any indebtedness previously incurred for road purposes, and levy the same, which shall not be more than four mills on a dollar on the amount of the township assessment for that year, which when collected, shall be expended under the direction and order. of the township trustees; and they may determine and certify to the board CH. 25] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY of supervisors, a tax on the assessed property in the township of not exceeding five mills on a dollar of such assessment, which shall be applied, or so much thereof as may be necessary, in paying drainage taxes heretofore levied and still unpaid or for the payment of any drainage assessments that may be hereafter levied against the township on account of benefits to highways under the provisions of section sixteen (16) of chapter one hundred eighteen (118) of the acts of the thirty-third general assembly of Iowa, and the balance of such levy or the whole thereof in case there be no such drainage taxes due from the township, may be applied in paying the expense of draining highways of the township or in co-operating with those owning land in the township in securing the drainage of such highways; but in the event that the amount to be expended in any one place, exceed the sum of fifty dollars ($50.00), the township shall not pay more than its just proportion of the benefits to be ascertained by a competent civil engineer and duly set forth in his report approving of such drainage, which report shall be filed with the township clerk before any money is paid out for such drainage. "2. The amount that will be allowed for a day's labor done by a man, and by a man and team, on the road. To certify to the board of supervisors the desire for an additional road tax, not to exceed one mill to be levied in whole or in part by the board of supervisors, as hereinafter provided. At the November meeting they shall settle with the township clerk and with all parties with whom contracts have been made for work in repairing or dragging of the roads." Approved April 10, A. D. 1911. CHAPTER 25. DEPENDENT SOLDIERS' AND SAILORS' TAX. S. F. 66. AN ACT to amend section four hundred and thirty (430) of the code, relative to the dependent soldiers' and sailors' tax. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Erection of monuments. That section four hundred and thirty (430) of the code be and the same is hereby amended by adding to said section the following: "or for the erection of a monument in any cemetery in the county, a portion of which has been set apart for the burial of Union soldiers, sailors and marines, in which there have been not less than fifty interments, said fund to be expended for the purpose aforesaid by the joint action and control of the board of supervisors and the relief commission provided for by section. four hundred thirty-one (431) of the code. Approved March 11, A. D. 1911. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 28 CHAPTER 26. BURIAL OF INDIGENT SOLDIERS AND SAILORS AND THEIR WIVES AND WIDOWS. S. F. 67. AN ACT to amend section one (1) of chapter thirty-one (31) of the acts of the thirtythird general assembly relating to the burial of indigent soldiers and sailors and their wives and widows. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Burial of wives and widows of indigent soldiers and sailors. That section one (1) of chapter thirty-one (31) of the acts of the thirty-third general assembly is hereby amended by adding thereto the following: "The provisions herein contained shall also apply to the deceased wife or widow of such indigent soldier, sailor or marine who, may hereafter die without leaving sufficient means to defray the expenses of her funeral." 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 Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved March 11, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital March 13, 1911, and in the Register and Leader March 14, 1911. W. C. HAYWARD, CHAPTER 27. OFFICIAL NEWSPAPERS. H. F. 445. AN ACT to amend the law as it appears in section four hundred forty-one (441) of the supplement to the code, 1907, relating to official newspapers and how selected. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. How selected in certain counties. That section four hundred forty-one (441) of the supplement of the code, 1907, be and the same is hereby amended by striking out of lines twenty-three (23) and twenty-four (24) the words, "having two county seats" and inserting in lieu therefor the words, "where the district court is held in two places". Approved April 1, A. D. 1911. CHAPTER 28. BRIDGES ACROSS THE BORDER STREAMS OF THE STATE. S. F. 415. AN ACT to empower border counties to erect and maintain bridges across the border streams of the state, and fixing the terms and conditions under which the funds for the same may be provided. [Additional to chapter two (2) of title four (IV) of the code, relating to the board of supervisors.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Construction and maintenance authorized. Counties bordering upon streams of water which form the boundary lines of this state may |