The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-15
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P.hIisAsa BY A.sAsrasz.

~ - ~ 81
CHAPTER III.
AN ACT to, Enable .RAirssd Compositions to taxi
and hold Rest Estafe fof the purpose of con-
stracting and maintaining Dams and Reservoir
a shola spd accumuht6 Watsr, " sRA3ys En-
gipes,for tie Purpose ofisytns down Pipes to
suppJ Wassr for tho sse u 1nsfnss tssd q op.
Grating such Railroads.
sKcpos I R<t eaaeted 1y sks,Gsserai A'.em-
bly, sf Ne ,snse9 lnkA, Thse say rdil road cor
porntion owning or operating, or that may here
sSr own or.opsrate. any n1r6nAs Mitain ibis
State, may. At snch points Il may be deemed nee
essary by said corporation for water stations take
and hold additional real estate for the purpose Of
ersetinE apd copatrncting dans, and sh1rebI
forming reserv4jse 70 Aeesmasate and hold wAtef
to supply the engines used in operating such rail-
road: prortded. That the dwelling house, ost--
house. orchard, or garden of the proprietor OF On
real estate so taken shall not be overhowrd or 9TH
erwise injuriously affected thereby The commits
oners who may assess the damages to the owner,
as hersinaftsr provided, shall state In their re-
port whether the Dwelling house, out house, or
chard, ofgafden Of the proprietor of any real es-
tate 20 taken;xh be oserasved,.o or otherwise in.
jnriously affected by the erection and mantainisg
Of such dam Theland 50 taken shall 1t fhs OPP
ton Of the wner be set apart by such commits
sioners in square or rectangular shape, il the
owner requests it, including all the overdowed
land, but shah not deprive the oHnef Of the land
company, of the VI alter in such stream on his own
land
SEC. 2. That any such railroad corporation may
lay down pipes through any land adjoining the
track of the railroad and not to greater distance
than the three fourths Of mile from such track,
unless by consent of the owner of ths land
through which the pipes may pass beyond that
dstsnce,l and maintain and rspair such pipes,
and thereby conduct water for the supply of the
engines Of such railroad from an running stream;
and such corporation shall without unnecessary
delay, after laying down repairing such pipes,
cover the same so to restore the surface of the
land through which they may pass to its natural
grade, and said corporation shall as soon as prac
tcable replace any fence that IL may be necessary
to open in laying down repairing such pipes,
and the owner Of the land through which the same
may be laid shall have right to the land,
through which such pipes pass, in any manner
not to interfere with such pipes !; Preceded, also
that said pipes shall not hs laid 10 any spring.
nor be used SO as to injurioasly withdraw the
water from any farm. M
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, IS the case
may be, the damage which such owner will sus
tam, by reason Of the erecting of said dam and
reservoir, or By reason Of the laying down and
maintaining OF such pipes, shall be assessed and
paid in the manner proyidedfor assessing damages
in the act entitled IAN act granting TO railroad
companies the right Of way" contained in article
Of Revision Of 1850, and all the provisions Of
that act, in relation to the assessment and pay
ment of damages and the mode Of giring notice to
non residents, and in other cases, shall be appli
cable to proceedings under this act, and either
party shall have the right to appeal from tho as
sessment of damages herein provided for in the
manner provided in that act contained 10 said ar
tele g. and with the same effect Irorfded That
if the commissioners 50 assessing damages shall
atatc In their report That the dwelling hoIse ont
house, orchard or garden of the proprietor of any
real estate so taken will be overfowed other
wise injariousiy affected by the erection and main
tanning CT sgel dam, thea said dam shall not be
erected until it shall have been otherwise deter
mined the trial Of said appeal in the district
court. and the appeal above provided for shall
carry with Il The gcegtioa whether the dwelling,
house, out house, orchard or garden Of the pro-
pretor Of any real estate so taken will he thus
oyerfowed, or otherwise injuriously affected, and
such question. as well es the amour, OF damages
shall be tried in the district coart on sneh ap-
peal .kE
SIC. a.. This act shall apply as well 10 dams Of
the Kind above mentioned already in existence,
and to the Tightening of tho same as to those
hereafter to be erected; Prorided. That the pro-
visions Of this act shall not operate 10 discontinue
any suit brought for damages on account OF any
dam until the railroad company for whose benefit
ina lion i. made shall deposit with the
clerk sufficient money to pay all costs, including
reasonable attorneys fees incurred by the owner
Of tho land in bringing such suit.
sEp. 5. This act shall take effect and be IN force
from and aitef its puhliestion in the lXote Regis
ter and Io,ea Homestead, newspapers published in
the city of Des Moines, Iowa.
Approved April7, 1858.