LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 181 gold, or alloy of gold, in such article is of a greater degree of fineness than the actual fineness or quality of such gold or alloy, unless the actual fineness of such gold or alloy, in the case of flat ware and watch cases, be not less by more than three one-thousandths parts, and in the case of all other articles be not less by more than one-half karat than the fineness indicated by the marks stamped, branded, engraved or imprinted upon any part of such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover or wrapper in which such article is encased or enclosed according to the standards and subject to the qualifications hereinafter set forth, is guilty of a misdemeanor; provided that, in any test for the ascertainment of the fineness of the gold or its alloy in any such article, according to the foregoing standards, the part of the gold or of its alloy taken for the test, analysis or assay shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior fineness used for brazing or uniting the parts of said articles; provided further, and in addition to the foregoing tests and standards, that the actual fineness of the entire quantity of gold and of its alloys contained in any article mentioned in this section (except watch cases and flat ware) including all solder or alloy of inferior metal used for brazing or uniting the parts of the article (all such gold, alloys and solder being assayed as one piece) shall not be less, than the fineness indicated by the mark stamped, branded. engraved or imprinted upon such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed. SEC. 2. Marking articles made in whole or in part of silver or alloy of silver. (a) Marking certain articles sterling or sterling silver. Any person, firm. corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of silver or of any alloy of silver and having marked, stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto or upon any box, package, cover or wrapper in which said article is encased or enclosed, the words "sterling silver" or "sterling" or any colorable imitation thereof, unless 925-1,000ths of the component parts of the metal appearing or purporting to be silver, of which such article is manufactured are pure silver, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor, provided that in the case of all such articles there shall be allowed a divergence in fineness of 4-1,000ths parts from the foregoing standard. (b) Marking certain articles coin or coin silver. Any person, firm, corporation or association who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of silver or of any alloy of silver and having marked, stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which such article is encased or enclosed, the words "coin" or "coin silver", or any colorable imitation thereof, unless 900-1,000ths of the component parts of the metal appearing or purporting to be silver, of which such article is manufactured are pure silver, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor; provided that in the case of all such articles there shall be allowed a divergence in fineness of 4-1,000ths parts from the foregoing standards. (c) Marking certain articles falsely as to fineness of silver. Any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of silver or of any alloy of silver, and having stamped, branded, engraved or imprinted CH. 181] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY thereon, or upon any tag, card, or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, any mark or word (other than the word "sterling" or the word "coin") indicating, or designed or intended to indicate, that the silver or alloy of silver in said article, is of a greater degree of fineness than the actual fineness or quality of such silver or alloy, unless the actual finenes of the silver or alloy of silver of which said article is composed be not less by more than 4-1,000ths parts than the actual fineness indicated by the said mark or word (other than the word "sterling" or "coin") stamped, branded, engraved or imprinted upon any part of said article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor. (d) Tests for ascertaining fineness. Provided that, in any test for the ascertainment of the fineness of any such article mentioned in this section, according to the foregoing standards, the part of the article taken for the test, analysis or assay, shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior metal used for brazing or uniting the parts of such article, and provided further and in addition to the foregoing test and standards, that the actual fineness of the entire quantity of metal purporting to be silver contained in any article mentioned in this section, including all solder or alloy of inferior fineness used for brazing or uniting the parts of any such article (all such silver, alloy or solder being assayed as one piece) shall not be less by more than 10-1,000ths parts than the fineness indicated according to the foregoing standards, by the mark stamped, branded, engraved or imprinted upon such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed. SEC. 3. Marking certain articles "gold plate", "gold filled", etc. Any person, firm, corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has'in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of inferior metal having deposited or plated thereon or brazed or otherwise affixed thereto a plate, plating, covering or sheet of gold or of any alloy of gold and which article is known in the market as "rolled gold plate" "gold plate" "gold filled" or "gold electroplate", or by any similar designation, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, any word or mark usually employed to indicate the fineness of gold, unless said word be accompanied by other words. plainly indicating that such article or some part thereof is made of rolled gold plate, or gold plate, or gold electroplate, or is gold filled, as the case may be, is guilty of a misdemeanor. SEC. 4. Marking certain articles "silver plate" or "silver electroplate." Any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose, any article of merchandise made in whole or in part of inferior metal having deposited or plated thereon or brazed or otherwise affixed thereto, a plate, plating, covering or sheet of silver or of any alloy of silver, and which article is known in the market as "silver plate" or "silver electroplate" or by any similar designation, and having stamped branded, engraved or imprinted thereon, or upon any tag, card, or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed the word "sterling" or the word "coin" either alone or in conjunction with any other words or marks, is guilty of a misdemeanor. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 188 SEC. 5. Penalty. Every person, firm, corporation or association guilty of a violation of any one of the preceding sections of this act, and every officer, manager, director or managing agent of any such person, firm, corporation or association directly participating in such violation or consenting thereto, shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than three months or both, at the discretion of the court; provided that if the person charged with violation of this act shall prove that the article concerning which the charge is made was manufactured prior to the 13th day of June, 1907, then the charge shall be dismissed. SEC. 6. When effective. This bill [act] shall not take effect and be in force until January 1st 1912. Approved April 15, A. D. 1911. CHAPTER 182. NUISANCES. H. F. 569. AN ACT to amend the law as it appears in section five thousand eighty-one (5081) of the code, relating to the penalty for nuisances. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Penalty. That the law as it appears in section five thousand eighty-one (5081) of the code, be and the same is hereby amended by adding after the comma (,) following the word "dollars" in the fifth (5th) line of said section the following; "or be imprisoned in the county jail not exceeding one year". Approved April 15, A. D. 1911. CHAPTER 183. VAGRANTS. H. F. 29. AN ACT to repeal section five thousand one hundred nineteen (5119) of the code, relating to vagrants, and enacting a substitute therefor. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Who deemed vagrants. That section five thousand one hundred nineteen (5119) of the code be and the same is hereby repealed and the following enacted in lieu thereof: "The following persons are vagrants: All common prostitutes and keepers of bawdy houses or houses for the resort of common prostitutes; all habitual drunkards, gamesters or other disorderly persons; all persons wandering about and lodging in barns, outbuildings, tents, wagons or other vehicles, and having no visible calling or business to maintain themselves; all persons begging in public places, or from house to house, or inducing children or others to do so; all persons representing themselves as collectors of alms for charitable institutions under any false or fraudulent pretenses; all persons playing or betting in any street or public or open place at any game, or pretended game, of chance, or at or with any table or other instrument of gaming." Approved March 22, A. D. 1911. CH. 185] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 184. SUSPENSION OF EXECUTION OF SENTENCE OF CERTAIN CONVICTS. S. F. 200. AN ACT to provide for suspending of the execution of sentence of certain convicts on first conviction by the district court in which such conviction is had, or any judge thereof. [Additional to chapter thirty-one (31) of the title twenty-five (XXV) of the code, relating to execution.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Trial judge may suspend execution of sentence-when-guardian -monthly reports. That whenever any person over the age of sixteen (16) years, and under the age of twenty-five (25) years, shall be convicted of any crime against the laws of this state, excepting treason, murder, rape, robbery and arson, if such conviction shall be the first conviction of the defendant for a felony, the trial judge before whom such conviction is had, and by whom the judgment of the court is pronounced, shall have the power to suspend the execution of the sentence of such person so convicted and place such person in custody and under the care and guardianship of any suitable person a resident and citizen of the state of Iowa, during good behavior of such person so convicted, and the judge so exercising this power of suspension of the execution of sentence shall enter same upon the calendar and cause the same to be journalized and made of record in the court in which such conviction is had, and the person having such custody, care and guardianship of the person, the execution of whose sentence has been suspended, shall make a full and complete report every thirty days, in writing, to the district court wherein such conviction was had, showing the whereabouts and conduct of the person thus placed in his care, custody and guardianship. SEC. 2. Suspension order may be revoked. That after any such suspension of the execution of sentence shall have been granted the same may be revoked by the district court wherein such conviction was had or any judge thereof without notice, and the defendant committed in obedience to such judgment. SEC. 3. In effect. This act shall be in force and effect on and after its passage and publication in the Des Moines Register and Leader and the Des Moines. Capital, newspapers published at Des Moines, Iowa. Approved April 17, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 20, 1911, and in the Register and Leader April 21, 1911. W. C. HAYWARD, CHAPTER 185. FORFEITURE OF BAIL. S. F. 53. AN ACT to amend section five thousand five hundred and eighteen (5518) of the code, relating to forfeiture of bail. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Action to recover-amount recovered paid to what county. Section five thousand five hundred and eighteen (5518) of the code is hereby amended by striking out all that part preceding the semi-colon in the third line LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 187 and inserting in lieu thereof the following: "The action on the undertaking must be in the court in which the defendant was or would have been required to appear by the undertaking, and if suit is brought, any recovery thereon shall be paid to the county in which the defendant was indicted, less the costs of suit;". Approved February 27, A. D. 1911. CHAPTER 186. PARDONS. S. F. 139. AN ACT to amend section fifty-six hundred and twenty-six (5626) of the supplement to the code, 1907, referring to the matter of pardons and remission of fines and forfeitures, and the powers of the board of parole. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Board of parole to recommend pardons. Section fifty-six hundred and twenty-six (5626) of the supplement to the code 1907, is hereby amended by striking out of lines five (5) and seven (7) the words "general assembly" and inserting in lieu thereof the words "board of parole"; and by striking out of lines twelve (12) and thirteen (13) in said section the words 'commencement of the session of the general assembly," and inserting in lieu thereof the words "session of the board of parole". 66 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 15, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital February 17, 1911. W. C. HAYWARD, CHAPTER 187. COMMITMENT OF FEMALES TO CERTAIN BENEVOLENT OR CHARITABLE INSTITUTIONS. H. F. 156. AN ACT to provide for the commitment of females to certain benevolent or charitable institutions, in certain cases, for the violation of laws, ordinances or police regulations and to require work from such persons so committed, and to provide for the supervision of such institutions by the board of control. [Additional to title twentyfive (XXV) of the code, relating to criminal procedure.] Be it enacted by the General. Assembly of the State of Iowa: SECTION 1. Commitments authorized-conditions. In all cases in which any court, for the violation of any law, ordinance or police regulation has power to commit the accused to a county, city or town jail, such court in lieu of ordering the accused committed to such jail, shall have power to order the accused. if a female, committed to any institution as herein provided, which is situated within the judicial dstrict, within any part of which such court has juris |