The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-06-11
LAWS or IOWA.
Published by Authority.
CHAPTER. III.


CHAPTER III.
AN ACT to Enable Railroad corpor-
ations to take and hold Real Els
tate for the purpose of construct
ing and maintaining dams and
reservoirs to hold and accumulate
water to supply engines, and for
the purpose oflaying dow pipes to
supply Water for the use of1Agines
used in operating such railroads.
Section l. Bo it enacted by the
General Assembly of the State of
Iowa, That any railroad corporation
owning or operating, or that may
hereafter own or operate, any rail
road within 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 railroad: Provided,
That the dwelling-house, out house,
orchard or garden Of the proprietor
Of any real estate SO taken shall not
be overf1owed or otherwise injuri-
ously affected thereby. The COM
missioners who may assess the DANA
ges to the owner, as hereinafter pro.
vided, shall state in their report
whether tho dwelling-house, out
house, orchard, or garden of the pro-
prietor Of any real estate so taken
will be overfowed, or otherwise inju-
riously affected by the erection and
maintaining Of such dam. The land
SO taken shall at the option of the
owner be set apart by such commits
sioners in a square or rectangular
shape, if the owner requests it, inclu-
ding all the overfowcd land, but shall
not deprive tho owner Of the land
the [of] access to and use, in common
with such company, Of the water in
such stream on his own land.
Sec. 2. That any such railroad cor
poration may lay down pipes through
any land adjoining the track of the
railroad, and not to a greater dis
lance three fourths of mile from
such track, (unless by consent of the
owner of the land through which the
pipes may pass beyond that distance)
and maintain and repair such pipes,
and thereby conduct water tor the
supply Of the engines of such railroad
from any running stream and such
corporation shall without unnecessa-
~ delay, after laying down or re-
pairing such pipes, cover the same
SO as to restore the surface of the
land through which they may pass
to its natural grade, and said corpor-
alton shall as soon as practicable re-
place any fence that it may be nec--
essary to open in laying down or rc-
pairing such pipes, and the owner of
the land through which the same
may be laid shall have right to use
the land, through which such pipes
pass in any manner not to interfere
with such pipes Provided, also,
that said pipes shall not be laid to any
spring, nor be used so as to injurious
" withdraw the water from any
farm.
Sec. 3. That in any case under
this act where the owner Of any real
estate shall refuse to grant the right
to construct such dam and reservoir,
or to lay down and maintain such
pipes, as the case may be, the dam
age which such owner will sustain
by reason of the erecting ofsaid dam
and reservoir, or by reason of the
laying down and maintaining of such
pipes, shall be assessed and paid in
the manner providing for assessing
damages in the Act entitled can Act
granting to railroad companies the
right Of way" contained in article 3
Of Revision of 1860, and all the pro-
visions of that act, in relation to the
assessment and payment of damages
and the mode Of giving notice to non
residents, and in other cases, shall
be applicable to proceedings under
this act, and either party shall have
the right to appeal from the assess
mcnt Of damages herein provided for
in the manner provided in that act
contained in said article 3, and the
same effect: Provided, That if the
commissioners so assessing damages
shall state in their report that the
Westinghouse, clubhouse, orchard
or garden of the proprietor of any
real estate SO taken will be overflow
ed or otherwise injuriously affected
by the erection and maintaining of
such dam, then said dam shall not
be erected until it shall have been
otherwise determined on the trial of
said appeal in the district court and
the appeal above provided for shall
carry with it the question whether
dwclling-housc, clubhouse, orchard
OF garden Of the proprietor of any
real estate SO taken will be thus over
flowed, or otherwise injuriously aft
ectcd, and such question, as we'll as
the amount of damages, shall be
tried in the district court on such APP
peal.
Sec. 4. This act shall apply as
well to dams Of the kind above men,
toned already in existence, and to
the frightening of the same, as to
those hereafter to be erected; Pro-
vided, That the provisions of this act
shall not operate to discontinue any
suit brought tor damages on account
of any dam until the railroad compa-
ny for whose benefit the application
is made shall deposit with the clerk
sufficient money to pay all costs in
Guiding reasonable attorneys fees in
Cured by the owner Of the land in
bringing such suit.
Sec. 6. This act shall take effect
and be in force from and after its pub
LEGATION in the IoUa State Register and
Io,ca Homestead newspaper publish
ed in the city of Des Moines, Iowa.
Approved April 9Th, 1868.
CHAPTER 141.
AN ACT to provide for the Payment
of Witness Fees and Jurors Fees
in State Cases.
Section |. Be it enacted by the
Gonnvo1 81