The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1872-05-23
CHAPTER 1913.
AN ACT to promote water power improy

AN ACT to promote water power improy-
| ments.
SECTION L. Be it enacted by the Gener-
al Assembly of the State OF Iowa, That
| there Is hereby granted to any corporation
which shall organize after the passage OF
this act, in accordance with the provisions
OF chapter 90, of the revision Of 1860, laws
OF Iowa, for the purpose of utilizing and
improving any water power within this
state, or In the streams lying upon the
borders thereof, the right 10 take and hold,
under the provisions of this act, so much
real estate as may be necessary for the lo-
cation, construction and convenient use of
lis canals, cOnduits, mains, and water ways
ur other means of device employed in the
utilization of such water power, for any
OF the purposes in this &C. mentioned and
The construction of such buildings and for
their appurtcn trees as may be required
lof The purpose aforesaid. Such corpora
| lton may also take, remove and use for the
construction and repair of its said canals,
waterways, buildings, and appurtenances,
any earth, gravel, stone, timber, or other
materials, on or from the land so taken. -
Compensation shall be made for the
lands and materials so taken and used by
such corporation, to the owner or own ers
thereof, in compliance with and in the
manner provided in sections one, two,
three, four, five, six and seven, of "An act
granting the right OF way to railroad COM
| panies,' passed and approved January IS,
| 1853. And all the provisions contained in
the said mentioned sections of the said act
relating to railroad companies, shall be Ia
den and construed to apply to the corpor-
| atoms taking and using lands and materi-
| ais hereunder. Such use of the lands and
materials as aforesaid is hereby declared
! to be public use.
| Sec. 2. Corporations so organized as
| aforesaid may use, raise, or lower any
| turnpike, plank road, or other highway,
| for the purpose Of having their said canals
water ways, mains and pipes, pass over,
along or under the same and in such
Case such corporation shall put such turn
pike, plank road, or other highway, as
soon as may be, in good repair and condi-
| ton, Tor the safe and convenient use of the
| public. And such corporations may con-
struct and carry their canals, conduits,
water ways mains or. water pipe, across,
over, OF unQe abroad, canal, stream,
or water couFI r shall be necessary
/ for the cOnstruc ~ liberation of the
necessarily to impede the travel, transpor-
| tdbitfII3 VI 00t TX 04tt1 u lOk,<0t oNhCi pup
! er use OF such railroad, canal or stream
Provided, That the powers conferred in
/ this section must be exercised in cities and
| towns with the consent and under the con-
| troll OF the city council or trustees of said
municipal corporations,
| Sec 3. Corporations SO organized as
aforesaid, are hereby authorized to pass
over. occupy, and enjoy any of the school,
/ uniVersity and saline. or other lands ofthis
| State, whereof the fee, or any use, easment
or servittidc. Herein is in the public, with
| out making c0mpensatiOn therefor, Pro-
yided, no more Of such land shall be taken
than is required for the necessary use and
convenience of such corporations.
Sec 4. Corporation in addition to those
composed by virtue hereof, and by virtue
OF the provisions of the general corpora
ton laws aforesaid, shall have the follow
ing powers To borrow money for the
purpose of constructing, renewing, or re-
pairing their works, and to make, execute,
and deliver all such contracts, bonds, bills,
notes, mortgages, deeds of trust, and other
conveyances, charging or numbering their
property, including all and singular their
franchises, and the rights, powers and
privileges, which shall be acquired by vir.
tue of the provisions hereof, or any part
or parcel hereof; and the grantee of any
any such corporations, and the purchaser
of the said property, franchises, rights,
and privileges, or any part thereof under
and by virtue OF any judicial sale thereof
shall take and hold the same as fully and
effectually to ell intents and purposes, a.
the same were held and enjoyed by sucf
corporation to erect, maintain and oper
ate, canals conduits, mains, wafer ways
| anR nthar hnillinTa arH
machinery, including water ways, slulces
and conduits, for the purpose of carrying
waste water off from said premises tn The
stream from which the same was taken, OF
ther convenient place; to let, lease, o.
not one t., portion of their Wat@r sHHagew8Gys, f
Ways from oGidingty feet Gents d Psr foot
m teen cents per root ~ "'0 ooiiar ana