Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1851-01-08

each morning shall be 8 O'Clock, until
otherwise ordered. s
Mr.. Shields from the CON. to which a
petition upon tho subject was referred,
reported, sias
Senate file No. "a, bill 10 amend IN
act entitled an act to incorpnpase and es-
Eteflfz IA city = Qqbpau1 snptsxsd
tlessss assd dsssrsd y elI
Tomorrow.
Mr.. Howell from committee on Ami.
culture to which was referred petitions
upon The subject from Scott county, re-
ported, hsi ilttiss
Senate file No. %, billsto. restrain
swine andssbeep from running at large
read frat and second times, and,
ON motion Of Mr.. Baker, laid upon The
table. }f
! The report Of tile committee Of the
whole npon the code being in order, was
taken up and coucnrred in by the Senate.
THE CoDE.- Taking pyivafe property bu
companies or iadiridaais.
On motion Of Mr.. Hepner, the Senate
amended chap. 2 title IL, by striking out
all after the sixth clause Of sec. 2,Iwhich
reads % follows: "a prayer that por-
tion.. of land, not exceeding one acre be-
longing to such other person, including
the point where the dam will abut. may
be decreed to him [upon petition to COURT
and may be set apart by ,netes and
bounds, = and inserted the following:
"a prayer may be filed in court that
quantity Of land sufficient for the mill
and dam he set apart by notes and bounds
and appraised. Notice ,of the fling of
such petition must be served.on the oaher
owners Of the land soughieto be 50 Sc I
apart in the manner proyidedfor these
ing original notices In civil actions. !,
Also, the Senate struck out, upot, mo-
tion of Mr. Hepner, sll .arter Me 9TH
clause in the 7fh section. which reads as
follows: sand the jury shall set apart
by metes and bounds quantity Of land
convenient for the dam snd mill moi ex-
ceeding one acre on the side OF the stream
not owned by the pe.ilioner''] and insert
ed the following:
"And the jury shall set apart by metes
and bounds quantity Of land convenient
for the dam and mill not exceeding one
acre on either sii76 q me stream, and
shall appraise separately the value Of the
lands SO set apart, taking into considera-
ton its enhanced value in consequence OF
the water power connected Herewith -
The water power and The lands so sci
apart shall be known as mill privilege. y
On motion Of MIR. Hepner, all Of said
chapter after section 8, was stricken ou.
and the following sections inserted:
SEC. 10. Ii no sufficient objections
are made TO the proceedings under The suit
and it it appears to the court that neither
the dwelling house, out-houses, yard, gar
den or orchard Of any owner will be over.
flowed, and that the health of the neigh
borhood will not be injuredin consequence
Of the erection Of the proposed dam, the
court shall enter a decree authorizing it.
construction and granting the use Of the
lands set apart as aforesaid for that pur.
pose.
SEC. IL. Unless the proprietors Of
the land SO set apart appesr and object
such decree may also give 10 the petition.
er the privilege Of building the dam anc
establishing the mill and to take possession
OF the lands set apart for that pur pose up.
on paying the respective proprietors there.
of the value OF such lands as ascertained
by the jury, and to hold the same for tn,
use of such mill and dam, but for no Other
| purpose. lit
SEC. IL. But if any other proprietor.
of the land so set apart appear and desire
to become the proprietors of such mill
! privilege, the court shall direct the sher.
| iff at some convenient time and place Il
sell such privilege TO the highest bidde,
among the proprietors Of the land set a.
part as aforesaid, due notice having beer
given to all such proprieiors Of the time
and place Of the SALE
SEC. l3 The court may direct such
sale to be made on a credit of not more
than nine months, the purchaser giving
sufficient security for the payment Of ths
purchase money. The highest bidder a.
nong those authorized to bid at such sale
becomes the proprietor Of such mil: priv.
ihge, and the decree of the court shall bs
rendered accordingly.
SEC. IA. The purchase money for such
mill privilege shall be distributed among
all the proprietors of the lands set apart
and constituting such privilege in pro.
portion to their respective intereste, a.
ascertained by the jury making the ap.
praisement, the purchaser retaining hi.
own share thereof.
SEC. Is. Ii the dam and mill be moi
commenced within one year aud finished
within two years from the date Of the de-
cree aforesaid, or if the dam or mill be
destroyed or impaired 80 a. to suspend
its operations, and Be not rebuilt Or re-
paired within two years thereafter, the
mill privilege, as created BY the proceed
ings herein authorized ceases, and the
land will rent to its original proprietors
respectively, or to their heirs or assigns
upon their repaying to the person to whom
the min privilege was decreed his heirs
or assigns. the amount Of the purchase
money received from Lin, without inter-
est.
SEC. l6. Dams not bnilt in accordance
with the.direction prescribed BY the.court
shall be deemed p1blic nuisancts. and may
be dealt with ~ such, and any person in