LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 70 north (11-n), twelve-north (12-n), thirteen-north (13-n), fourteen-north (14-n), fifteen-north (15-n), sixteen-north (16-n), seventeen-north (17-n), eighteen-north (18-n), nineteen-north (19-n), twenty-north (20-n), twentyone-north (21-n), twenty-two-north (22-n), twenty-three-north (23-n), twentyfour-north (24-n), twenty-five-north (25-n), twenty-six-north (26-n), twentyseven-north (27-n), twenty-eight-north (28-n), twenty-nine-north (29-n), thirty-north (30-n), thirty-one-north (31-n), thirty-two-north (32-n), thirtythree-north (33-n), thirty-four-north (34-n), thirty-five-north (35-n), thirtysix-north (36-n); the public road running along the south side of the township shall be numbered and designated as district thirty-six-south (36-s), thirtyfive-south (35-s), thirty-four-south (34-s), thirty-three-south (33-s), thirtytwo-south (32-s), thirty-one-south (31-s); beginning at the north-east corner of section one (1), the public roads running north and south through the township shall be numbered and designated as dragging districts one-east (1-e), twelveeast (12-e), thirteen-east (13-e), twenty-four-east (24-e), twenty-five-east (25-e), thirty-six-east (36-e), thirty-five-east (35-e), twenty-six-east (26-e), twentythree-east (23-e), fourteen-east (14-e), eleven-east (11-e), two-east (2-e), threeeast (3-e), ten-east (10-e), fifteen-east (15-e), twenty-two-east (22-e), twentyseven-east (27-e), thirty-four-east (34-e), thirty-three-east (33-e), twenty-eighteast (28-e), twenty-one-east (21-e), sixteen-east (16-e), nine-east (9-e), four-east (4-e), five-east (5-e), eight-east (8-e), seventeen-east (17-e), twenty-east (20-e), twenty-nine-east (29-e), thirty-two-east (32-e), thirty-one-east (31-e), thirtyeast (30-e), nineteen-east (19-e), eighteen-east (18-e), seven-east (7-e), sixeast (6-e); the public road running along the west side of the township shall be numbered and designated as dragging districts six-west (6-w), sevenwest (7-w), eighteen-west (18-w), nineteen-west (19-w), thirty-west (30-w). thirty-one-west (31-w); in townships having a meandered public highway, or highways, not laid out on section lines the district shall be numbered to correspond with the number of the government section through which they are laid out and such highway, or highways, shall constitute one district. "SEC. 2. Duties of township trustees-return cards-dragging recorddragging fund. The township trustees shall from time to time designate what districts shall be dragged, which must include all mail routes and all the main traveled roads within the township; they shall at their regular meeting in April or at a special meeting called for that purpose, appoint a superintendent of dragging, who shall be a resident of the township, or any city or town within said township, who shall serve for one year unless sooner removed by the board; they shall fix the amount of his compensation which shall not exceed $2.50 per day and actual expenses for each day of eight hours while engaged in necessary work for the township, and for giving notice to contractors who shall be required to drag he shall receive such additional compensation as the board may direct; they shall furnish suitable road drags for the township and pay for same out of the township road fund; they shall adopt a suitable form of notice to be given by the superintendent of dragging when ordering the roads dragged, stipulating the manner of serving same, and shall furnish each person contracted with to drag roads return cards which shall be substantially in the following form: "To..... township. superintendent of drags for....... I received your notice to drag district No.... day of...... 191. on the ...191....、 and did on the.... ..day of. comply with same and have charged said district. for said dragging. If not dragged, why not?.. Signed. CH. 70] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY They shall provide a suitable book, in which the superintendent of dragging shall record the names of all persons who are entitled to compensation for dragging roads, said book to be known as the dragging record of the township and shall be substantially in the following form: They shall allow all claims for dragging recorded therein, that are in accordance with the provisions of this act and have the approval of the superintendent of dragging. The township trustees shall at their regular meetings in November and April of each year, settle with the superintendent of dragging and pay all claims for dragging in each district that have the approval of the superintendent of dragging, and that are not inconsistent with this act, out of the dragging fund of the township, the amount to be paid for such dragging not to exceed the sum of fifty cents (50) per mile for each mile traveled back and forth while dragging the roads; they shall not allow any claim for dragging unless return card has been duly returned to the superintendent showing said work to have been done by his orders and within twenty-four (24) hours after receipt of notice to perform such service. The township trustees at the time of making the annual levy of the township for road purposes, as provided in section one thousand five hundred twentyeight (1528) of the supplement to the code, 1907, shall each year levy one mill on the dollar on the amount of the township assessment for that year, which shall be designated as the dragging fund and shall be expended only for the purpose of dragging the roads within the township. "SEC. 3. Superintendent of dragging-duties. It shall be the duty of the superintendent of dragging to keep the dragging records of the township, recording therein the names of all persons entitled to compensation for dragging, the date of such service, date of giving notice for such service, date of return card, the amount allowed for such service, but no person's name shall be recorded therein as being entitled to compensation for dragging unless his return card has been filed with the superintendent of dragging showing said service as having been performed by order of the superintendent of dragging, and within the time limit required for such service. It shall be the duty of the superintendent of dragging to cause all roads to be dragged that the township trustees may from time to time direct at such times as in his judgment is most beneficial. He shall cause the work to be done by giving the parties contracted with for the performance of such service such notice as the township trustees may deem sufficient; he shall on or before the fifteenth day of April in each year contract with as many suitable persons as he deems necessary to drag the roads in the township for that year, but shall not apportion the dragging of more than six miles of road to any one person. The superintendent may at any time cancel such contract, or contracts, for dragging the roads when the stipulations therein contained have not been properly complied with, or when the work is not done in a satisfactory manner. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 71 "SEC. 4. Roads within corporate limits. It shall be the duty of the city or town council of cities and towns to cause the main traveled roads within the corporation limits leading into the city or town to be dragged, and so far as practicable and possible the provisions of this act shall apply. "SEC. 5. Penalties. Any violation of any of the provisions of this act, by the superintendent of dragging, or any person, or persons, who may be required under contract to drag district roads, or neglect on the part of any township clerk to set aside the funds required by this act shall, on conviction thereof, be fined not less than ten dollars ($10.00) or more than twenty-five dollars ($25.00) for the first offense, and for each subsequent offense shall be fined. not less than twenty-five dollars ($25.00) nor more than fifty-dollars ($50.00)." SEC. 6. 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 Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved April 7, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 8, 1911. W. C. HAYWARD, Secretary of State. CHAPTER 71. OBSTRUCTIONS IN THE PUBLIC HIGHWAYS. H. F. 406. AN ACT making it unlawful to obstruct public highways and defining such obstructions and providing for the removal thereof. [Additional to chapter two (2) of title eight (VIII) of the code, relating to working roads.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Open ditches and water breaks. It shall be unlawful for any person, firm, corporation, road superintendent, township trustee, or board. of supervisors, to construct open ditches, water breaks, or other obstructions of like character, on the travelled portion of any public highways, and such obstruction is hereby declared a nuisance and removable as such. SEC. 2. Obstructions to be removed. It shall be the duty of the township trustees, board of supervisors or other officer responsible for the care of public highways in each township or county in this state to remove all open ditches, water breaks, and such like obstructions mentioned in section one (1) hereof, from the travelled portion of public highways within their several townships or counties, and to employ labor for this purpose in the same manner as for the repair of highways, and for neglect or failure to perform this work they shall be subjected to the penalties of this act. SEC. 3. Penalty. Any person, firm, or corporation violating any of the provisions of this act, or any township trustee, road superintendent, inspector, member of the board of supervisors, or other officer, who neglects or fails to perform the duties incumbent upon him under the provisions of this act, or violates the provisions hereof, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding ten ($10.00) dollars. SEC. 4. Authority of justice of the peace. In case of prosecution for any violation of the provisions of this act, any justice of the peace, within the county in which the violation is alleged to have been committed, shall have CH. 72] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY authority to decide whether or not the obstructions, of which complaint is made, are of a nature to unreasonably interfere with the passing of vehicles, or can be removed without too much expense, and with a reasonable consideration of the topography of the locality. SEC. 5. Not applicable to roads or streets in cities or towns. The provisions of this act shall not apply to roads or streets in incorporated cities or towns. Approved April 15, A. D. 1911. CHAPTER 72. REGISTRATION OF MOTOR VEHICLES. H. F. 27. AN ACT to repeal chapter two-A (2-A), title eight (8), being sections fifteen hundred seventy-one-a (1571-a) to fifteen hundred seventy-one-l (1571-1), both inclusive, of the supplement to the code, 1907, and to enact a substitute therefor, relating to registration of motor vehicles, regulating their use upon streets and highways, fixing penalties for violation thereof, and providing for expenditure of registration fees. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal. Chapter two-A (2-A), title eight (8), being sections fifteen hundred seventy-one-a (1571-a) to fifteen hundred seventy-one-l (1571-1), both inclusive, of the supplement to the code, 1907, as amended, is hereby repealed and the following enacted as a substitute therefor: SEC. 2. Terms defined. The term "motor vehicle" as used in this act, except where otherwise expressly provided, shall include all vehicles propelled by any power other than muscular power, except motor trucks, motor drays, motor delivery wagons, traction engines, road rollers, fire wagons and engines, police patrol wagons, ambulances, and such vehicles as run only upon rails or tracks. The term "local authorities" shall include all officers of counties, cities or towns, as well as all boards, committees and other public officials of such counties, cities or towns. The term "chauffeur" shall mean any person operating or driving a motor vehicle as an employe or for hire. The term "owner" shall also include any person, firm, association or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days. The term "public highways" shall include any highway, county road, state road, public street, avenue, alley, park, parkway or public place in any county, city, town or village, except any speedway which may have been or may be expressly set apart by law for the exclusive use of horses and light carriages. SEC. 3. Application-what to contain. Every owner of a motor vehicle which shall be operated or driven upon the public highways of this state shall, except as herein otherwise expressly provided, cause to be filed in the office of the secretary of state, a verified application for registration on a blank to be furnished by the secretary of state for that purpose, containing :-(a) a brief description of the motor vehicle to be registered, including the name of the manufacturer and factory number of such vehicle, the character and, if the motive power be derived from the products of petroleum, the amount of the motive power stated in figures of horse power in accordance with the rating established by the Association of Licensed Automobile Manufacturers, and the number of cylinders, bore and stroke of each; (b) the name and postoffice address with street number if in a city, including county and business address of the owner of such motor vehicle. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 72 SEC. 4. Operator must be 15 years of age. No person shall operate or drive a motor vehicle who is under fifteen years of age, unless such person is accompanied by the owner of the motor vehicle being operated. SEC. 5. Application filed and indexed. Upon receipt of an application for registration of a motor vehicle, as provided in this act, the secretary of state shall file such application in his office and register such motor vehicle with the name, postoffice address and business address of the owner, manufacturer or dealer, as the case may be together with the facts stated in such application, in a book or index to be kept for the purpose, under the distinctive number assigned to such motor vehicles by the secretary of state, which book or index shall be open to public inspection during reasonable business hours. SEC. 6. Registration number-two number plates-duplicate copies-fee. Upon the filing of such application and the payment of the fee hereinafter provided, the secretary of state shall assign to such motor vehicle a distinctive number and, without expense to the applicant, issue and deliver or forward by mail or express to the owner a certificate of registration, in such form as the secretary of state shall prescribe, and two number plates. In the event of the loss, mutilation, or destruction of any certificate of registration or number plate, the owner of a registered motor vehicle or manufacturer or dealer, as the case may be, may obtain from the secretary of state a duplicate thereof upon filing in the office of the secretary of state an affidavit showing such facts and the payment of a fee of one dollar. SEC. 7. One-half fee for 1911-registration renewed annually. Registration applied for on or before July 4th; nineteen hundred eleven, shall take effect on that date and certificates issued on such application or under any application made prior to December thirty-first, nineteen hundred eleven, shall expire on the latter date. The fees for such registration shall be one-half of the annual fee provided herein. Registration thereafter shall be renewed annually in the same manner and upon payment of the same annual fee as provided in section eight (8) for registration, to take effect on the first day of January, in each year, beginning with that date in the year nineteen hundred twelve. All certificates of registration issued under the provisions of this act shall expire on the last day of the calendar year in which they were issued. SEC. 8. Annual registration fees. The following fee shall be paid to the secretary of state upon the registration or re-registration of a motor vehicle in accordance with the provisions of this act; eight dollars upon the registration of a motor vehicle having a rating of twenty horse power and less; and for each such vehicle which shall exceed twenty horse power, the owner shall pay at the rate of forty cents per horse power; provided, that if a motor vehicle shall have been licensed for four separate years hereunder, and for which there shall have been paid the annual registration fee herein provided during said period, or any motor vehicle which shall have been in use for a period of not less than four years including the time before and after the taking effect of this act, the annual registration fee thereafter shall be one-half that amount; and further provided, that the annual fee for the registration or re-registration of any electric motor vehicle or any steam motor vehicle in accordance with the provisions of this act shall be fifteen dollars ($15.00); and provided further that the annual fee for the registration or re-registration of a motor bicycle or motor cycle in accordance with the provisions of this act shall be three dollars ($3.00). SEC. 9. Fees in lieu of taxes-tax assessments for 1911 cancelled. The registration fees imposed by this act upon motor vehicles, other than those of manufacturers and dealers, shall be in lieu of all taxes, general or local, to which motor vehicles may be subject. It shall be the duty of the county auditor |