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LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 10

CHAPTER 9.

ASSIGNMENT OF JUDGES OF DISTRICT COURT.

S. F. 185.

AN ACT to amend chapter eleven (11), laws of the thirty third general assembly, and additional to chapter five (5) of title three (III) of the code, relating to holding district courts and assignment of judges therefor.

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

Section 1. Expenses paid when assigned to another district. That section one (1) of chapter eleven (11) of the acts of the thirty-third general assembly be and the same is hereby amended by adding the following to said section, to-wit:

"Any judge who is required by such assignment to hold court outside of his judicial district, or who has heretofore held court outside of his judicial district by virtue of such assignment since chapter eleven, acts of the thirtythird general assembly went into effect, shall be allowed his necessary and actual expenses by reason thereof. made showing the amount of such be filed with the auditor of state, upon the treasurer of state for the Approved March 22, A. D. 1911.

An itemized sworn statement shall be expenses incurred, and the same shall who thereupon shall draw his warrant amount of such expenses so incurred."

CHAPTER 10.

PROBATION OFFICERS.

S. F. 311.

AN ACT amending section two hundred fifty-four-a-eighteen (254-a18) of the supplement to the code 1907, relating to probation officers.

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

Section 1. Number in certain counties. That section two hundred fiftyfour-a18, (254-a18) of the supplement to the code, 1907 be amended by striking out the word and figures "two (2)" in the seventh line thereof and inserting the word "four".

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

Approved April 5, 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.

CH. 12]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 11.

ENTICING AWAY OF CHILDREN.

S. F. 12.

AN ACT to amend the law as it appears in section sixteen (16) of chapter fourteen (14) of the acts of the thirty-third general assembly relating to the enticing away of children, and providing a penalty for the violation thereof.

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

Section 1. Enticing away child-penalty. The law as it appears in section sixteen (16) of chapter fourteen (14) of the acts of the thirty-third general assembly, is hereby amended so that the same shall read as follows: "If any person maliciously, forcibly, or fraudulently, take, decoy or entice away any child under the age of sixteen years with intent to detain, or conceal such child from its parents, guardian, or other person or institution having the lawful custody thereof, he shall be imprisoned in the penitentiary not more than ten (10) years, or be imprisoned in the county jail not more than one (1) year, or be fined not exceeding one thousand dollars ($1,000.00)."

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

Approved March 23, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 24, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 12.

COMPENSATION OF MARSHAL IN SUPERIOR COURT.

S. F. 359.

AN ACT to amend the law as it appears in section two hundred eighty (280) of the code, relating to the compensation of marshal in superior court.

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

Section 1. Fees in criminal cases. That section two hundred eighty (280) of the code is hereby amended by substituting a comma for the period at the end of said section, and adding the following:

"But in all criminal cases in said court the marshal shall receive the same fees for his services as are paid to the constable in justice court." Approved April 5. A. D. 1911.

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 13

CHAPTER 13.

SUPERIOR COURTS.

H. F. 409.

AN ACT amendatory to chapter six (6), title three (3), of the code, providing for trial by jury in superior courts in cities which are not county seats, and which have now or may hereafter have a population of twenty-five thousand (25,000) or more; providing for the number of jurors in such courts in such cities, and the manner of their selection; providing for the salary of the judge of the superior court in such cities; providing for the compensation of the shorthand reporter of such court in such cities; providing that this act shall apply to cities under the commission form of government.

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

Section 1. Trial by jury. In all cities which are not county seats, and which have now or may hereafter have a population of twenty-five thousand (25,000) or more, and in which superior courts are now or may hereafter be established, it shall be unnecessary in such superior court to make demand for trial by jury, and causes triable to a jury shall be tried by twelve (12) jurors without the additional expense to any of the parties, required by section two hundred seventy (270) of the code.

Sec. 2. Jurors-how drawn. In providing jurors for superior courts in all such cities the names of thirty persons shall be drawn by the officers at the times and in the manner provided by section two hundred sixty-nine (269) of the code, and such persons whose names are drawn shall be subject to jury duty, and shall constitute the regular panel of jurors in said superior courts, for the two calendar months commencing with the first day of the month succeeding the drawing. The judges of the superior courts may order such additional drawings to be made as may be necessary to provide jurors for such courts.

Sec. 3. Judge of superior court-compensation. In all such cities the salary of the judge of the superior court shall be three thousand dollars per annum, and paid quarterly; the first two quarters from the city treasury, and the last two from the county treasury of the county wherein such court is located.

Sec. 4. Shorthand reporter-compensation. In all such cities the compensation of the shorthand reporter in such superior court shall be eight dollars ($8.00) a day for the time actually employed.

Sec. 5. Deputy clerk-compensation. In all such cities there may be appointed by the city council, a deputy clerk of the court, who shall receive such compensation as the city council may allow.

Sec. 6. Applicable to certain cities. This act shall apply to cities acting under the commission form of government, which are not county seats, and which may have, or may hereafter have, a population of twenty-five thousand. (25,000) or more.

Approved April 3, A. D. 1911.

CH. 15]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 14.

FEES COLLECTED BY CLERK OF DISTRICT COURT.

H. F. 10.

AN ACT to repeal paragraph twenty-nine (29) of section two hundred ninety-six (296) of the supplement to the code, 1907, and to enact a substitute therefor relating to the fees collected and paid to the county by the clerk of the district court.

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

Section 1. Fees in matter of settlement of certain estates. Paragraph twenty-nine (29) of section two hundred and ninety-six (296) of the supplement to the code, 1907, is hereby amended so that the same shall read as follows:

"For all services performed in the settlement of the estate of any decedent, minor, insane person, or other persons laboring under any legal disability, except where actions are brought by the administrator, guardian, trustee or person acting in a representative capacity or against him, or as may be otherwise provided herein, where the value of the property of the estate does not exceed three thousand dollars, three dollars; where such value is between three and five thousand dollars, five dollars; where such value is between five and seven thousand dollars, eight dollars; where such value is between seven and ten thousand dollars, ten dollars; where such value is between ten and twenty-five thousand dollars, fifteen dollars; for each additional twenty-five thousand dollars or major fraction thereof, there shall be taxed the further sum of ten dollars.

Approved February 23, A. D. 1911.

CHAPTER 15.

COMPENSATION OF CLERKS OF DISTRICT COURTS.

S. F. 89.

AN ACT to amend section two hundred ninety-seven (297) of the code, fixing the salaries of clerks of the district courts in certain counties.

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

Section 1. Compensation in certain counties. That section two hundred ninety-seven (297) of the code be amended by striking out all of said section after the period following the word "dollars" in the sixteenth line of said section and inserting in lieu thereof the following:

"In counties having a population of over forty thousand (40,000) and less than fifty thousand (50,000) the salary shall be twenty-five hundred ($2,500.00) dollars; in counties having a population of fifty thousand (50,000) and not over sixty thousand (60,000) the salary shall be two thousand seven hundred fifty ($2,750.00) dollars; in counties having a population of over sixty thousand (60,000) and less than sixty-five thousand (65,000) the salary shall be three thousand ($3,000.00) dollars, and in counties having a population of over sixty-five thousand (65,000) the salary shall be thirty-three hundred ($3,300.00) dollars. The board of supervisors may in addition to the salary fixed for clerks in counties having a population of forty thousand or under allow them out of the probate fees as additional compensation an amount not exceeding three hundred ($300.00) dollars; provided, that in counties.

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 17

where terms of the district court are held in two cities or towns there may be added to the salary of the clerk the further sum of four hundred ($400.00) dollars."

Approved April 15, A. D. 1911.

CHAPTER 16.

ASSISTANT COUNTY ATTORNEYS.

H. F. 44.

AN ACT to repeal section three hundred three-a (303-a) of the supplement to the code, 1907, relative to the compensation of assistant county attorneys, and to enact a substitute therefor.

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

Section 1. Repeal-appointment-compensation. That section three hundred and three-a (303-a) of the supplement to the code, 1907, be and the same is hereby repealed and the following enacted in lieu thereof:

"The county attorney may in writing, with the consent of the board of supervisors, appoint one or more practicing attorneys, who are residents of his county, as his assistants. The compensation of such assistants shall be fixed by the board of supervisors, and be paid out of the country treasury, and shall not exceed the following amounts: In counties having a population of thirty-six thousand and less than sixty thousand, one thousand dollars per annum; in counties having a population of sixty thousand and less than ninety-five thousand, fifteen hundred dollars per annum; in counties having a population of ninety-five thousand and over, two thousand dollars' per annum. In counties of less than thirty-six thousand, he may appoint assistants who shall act without any compensation from the county, to assist him in the discharge of his duties. In any county, with the approval of the judge of the district court, he may procure such assistants in the trial of a person charged with felony as he shall deem necessary and such assistants upon presenting to the board of supervisors a certificate of the district judge before whom said cause was tried, certifying to the services rendered, shall be allowed a reasonable compensation therefor, to be fixed by the board of supervisors, but nothing in this act shall prevent the board of supervisors from employing an attorney to assist the county attorney in any cause or proceeding in which the state or county is interested." Approved April 11, A. D. 1911.

CHAPTER 17.

JURY LISTS.

H. F. 141.

AN ACT to repeal section three hundred thirty-five (335) of the code, as amended by chapter twenty (20) of the acts of the thirty-third (33d) general assembly, and to enact a substitute therefor, relating to the selection of jury lists.

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

SECTION 1. Repeal. That section three hundred thirty-five (335) of the code, as amended by chapter twenty (20) of the acts of the thirty-third

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