Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1868-06-12

ages Of twenty-One and nifty to per-
form two days labor upon the public
highway. between, the first day ol
April and the first day Of August ol
each year. q
Approved Aprii 7, 1888. a2iF
STATE OF IOWA, s..
OFFICE OF SEcRErARy OF STATE,
Des Moines, May !, l666, J
hereby certify that the foregoing
to IL . true copy OF the original roll
new on file In this office.
la7.a ED WRIGHT,
Sec'y Of State.
" CHAPTER III. - sa8
AN ACT to Enable Railroad Corpo.
rations to take and hold Real
Estate for the purpose of construct.
ing aud maintaining Dams and
Reservoirs to hold and accumulate
Water to euppy Engines, and foi
the Purpose Of laying down Pipes
to supply Water for the use OF Eu-
gines used In operating such Rail.
roads.
SECTION I. BE q enacted by tht
General assembly of the State of Iond.
That any rail road corporation ow n.
ing or operating, or that may hereaf.
ter own or operate, any railroad with.
In this State, may, at such points as
may be- deemed necessary. by. said
corporation for water stations. take
and hold additional real estate for
the purpose OF erecting and con.
structing dams, and thereby forming
reservoirs TO accumulate and hold
water to supply the engines used In
operating such railroads: Provided,
That the dweiling-house, out house,
orchard, or garden Of tho pro.
prietor OF any real estate 50 Tn.
ken shall not be overflowed or 9th.
erviee, injurlously effected thereby.
The commissioners who may assess
the damages to the owners, as here.
after provided, shall state to their re.
port whether the dwelling house, out
house, orchard, or garden OF the pro.
prietOr OF any real estate 90 taken
will be overfiowed, or otherwise in.
juriously effected by the erection and
maintaining Of such dam. The land
50 taken shall at she option of the
owner be set apart by -sueiI com rnis
sioners In q square or rectangular
shape, II the owner requests il, In.
Guiding all the overfiowed land, but
shall not deprive tile owner of tn.
land to the fof1 access and use, In
common with such company. or the
water In such streams ON his own
land. '9~ snFsa ~
Sec. 2 That any such rnilroad cor.
poratiOn may lay down pipes
through any land adjoining the track
of the railroad, and not to be a great
er distance than three-fourths Of a
mile track, (unlcss by consent OF the
owner of the land through which
the pipes may pass beyond TINT dis.
tance, and maintain and repair such
pipes. and thereby conduct waite!
for the supply Of the engines or such
railroad from any running stream
and such corporation shall without
unnecessary delay, after laying down
or repairing such pipes, cover the
sameso as to restore the surface of the
land through which they may pas.
to Its natural grade, and said corpora
tiOn shall ~ soon as practicable re-
place any fence that IL may be neces.
sary to open In laying down or re.
pairing such pipes, and the owner oI
the land through which the same
may be laid shall have n right 10 uss
the land, through which such pipes
may pass, In any manner not to In
terfere with such pipes; Provided
also, that said pipes shall not be laiC
To any spring, nor be used 80 as te
injuriously withdraw the water from
any farm.
Sec. 8. That In any case under thi.
act where the owner Of any real estate
shall refuse to grant the right to con
struct such dam and reservoir, or To
lay down and maintain such pipes
as the case may be, the damag,
which such owner will sustain, 8,
reason OF the erecting OF said dam
and reservoir, or by reason of the
laying down and maintaining o
such pipes, shall be assessed and paid
I'm the manner provided for assessing
damages I'm the Act lsentitled "Ar
Act granting TO railroad companies
the right of way" contained In ar
ticle Of Revision OF 1860, all ths
provisions of that act, In relation to
the assessment aud payment of dam.
ages and the mode Of giving notict
to non-residents, and In other cases
shall he applicable to proceeding.
under this act, and either party shall
have the right to appeal from the
assessment of damages herein pro
vlded for In the manner provided X
that act contained In said article 3
and with the same effect: Provided
That u the commissioners 80 assess
Ing darcages, shall state In their
rcsr,urt that the dwelling house, out
house, orchard, or garden OF the pro
prietOr Of any real estate so taken
will be Overdowed or otherwise In.
jufotisly effected by the erection and
maintaining Of such dam, then saiC
dam shall not be erected until IL shal
have, been otherwise determined or
the triai OF said appeal In the distrisI
court and the appeal above provided
for shall carry With the question
whether the dwelIing.house, out.
house, orchard, Of the proprietor of
any real estate 80 taken will be thus
overfiowed, or otherwise injuriously
edecIed. and such question, as well Al
the amount Of damages, shall b<
tried In the district court on such ap
peal.
Sec. 4. This act shall apply o.
well to dams OF the kind above men.
toned already In existence, and Il
the Tightening Of the same, ~ tc
those hereafter to be erected; Pro.
vided, That the provisions or this aci
shall not operate To discontinue any
suit brought for damages on account
Of any dam until the railroad COM
pAny for whose benefit the applica-
tion ID made shall deposit with the
clerk sufficient money TO pay all
costs Including reasonable attorneys
fees incurred by the owner of the
land In bringing such suit.
Sec. 5. This act Ahnll take effect