LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 169 so lost shall have the same force and effect under the duplicate execution as under the original. When the lost execution shall have expired by limitation and such affidavit is filed, an execution may issue as it might if such lost execution had been duly returned.' Approved April 13, A. D. 1907. CHAPTER 168. ACTIONS OF MANDAMUS. H. F. 72. AN ACT to amend section forty-three hundred and forty-one (4341) of the code relating to actions of mandamus. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Tried as equitable actions. That section forty-three hundred and forty-one (4341) of the code be, and the same is hereby amended by adding thereto the following: "All such actions shall be tried as equitable actions." Approved February 23, A. D. 1907. CHAPTER 169. JUSTICES OF THE PEACE AND CONSTABLES. H. F. 231. AN ACT to repeal section forty-six hundred (4600) of the code relative to the accounting for fees, and compensation of justices of the peace, and constables, and to enact in lieu thereof the following. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repealed. That section forty-six hundred (4600) of the code, relative to the accounting for fees and compensation of justices of the peace and constables be and the same is hereby repealed and the following enacted in lieu thereof: "SEC. 2. Accounting for fees-compensation. Justices of the peace and constables in townships having a population of twenty-eight thousand, shall pay into the county treasury all criminal fees collected in each year. Justices of the peace and constables in townships having a population of under twenty-eight thousand, shall pay into the county treasury all fees collected in each year in excess of the following sums: In townships having a population of ten thousand and under twenty-eight thousand, justices, one thousand dollars; constables, eight hundred dollars; those having a population of four thousand and under ten; justices, eight hundred dollars; constables, six hundred dollars; in all townships having a population of under four thousand, justices six hundred dollars; constables, five hundred dollars. In townships having a population of twenty-eight thousand or more, justices of the peace and constables shall receive in full compensation for their services performed in criminal cases during the year, the following sums which shall be paid quarterly out of the county treasury. In townships having a population of thirty-five thousand or more, justices, fifteen hundred dollars; constables, twelve hundred dollars; in townships having a population of twenty-eight thousand and under CH. 170] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. thirty-five, justices, twelve hundred dollars; constables, one thousand dollars. Justices and constables in all townships having a population of twenty-eight thousand (28,000) and over shall retain such civil fees as may be allowed by the board of supervisors, not to exceed five hundred ($500) dollars per annum, for expenses of their offices actually incurred, and shall pay into the county treasurer all the balance of the civil fees collected by them. "SEC. 3. Annual report to board of supervisors. All justices of the peace and constables shall under oath make an annual report to the board of supervisors, upon blanks furnished by the county auditor, of all criminal fees taxed and collected during the year, which report shall also show that all criminal fees and fines collectible by law have been received, such annual report to be made on the first Monday in January, and before the annual settlement shall be made, and accompanied with the receipts of the treasurer for all money paid in to him. "SEC. 4. Quarterly report, to county auditor. Justices of the peace shall make, under oath, quarterly reports, upon blanks furnished by the county auditor, and shall file same with the county auditor, which reports shall contain a true and correct transcript of all criminal proceedings which have been instituted or adjudicated in their courts, with the names of all attending witnesses and jurors and fees taxed in their favor." Approved April 13, A. D. 1907. CHAPTER 170. DESERTION. S. F. 5. AN ACT defining desertion, providing punishment therefor, and permitting a husband or wife to be a witness in such cases. [Additional to chapter two (2) of title twentyfour (XXIV) of the code relating to offenses against the lives and persons of individuals.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Desertion defined-penalty. Every person who shall, without good cause, willfully neglect or refuse to maintain or provide for his wife, she being in a destitute condition, or who shall, without good cause, abandon his or her legitimate or legally adopted child or children under the age of sixteen years, leaving such child or children in a destitute condition, or shall, without good cause, willfully neglect or refuse to provide for such child or children they being in a destitute condition, shall be deemed guilty of desertion and, upon conviction, shall be punished by imprisonment in the penitentiary for not more than one year, or by imprisonment in the county jail for not more than six months. SEC. 2. Husband or wife may be witness. In all prosecutions under this act, the husband or wife shall be a competent witness for the state and may testify to any relevant acts or communications between them, anything in previous statutes to the contrary notwithstanding, provided however that no husband or wife shall be called or compelled to testify against the other under this act except upon consent of such witness. SEC. 3. Bond given conditioned on support. If after arrest and before trial, or after conviction and before sentence, the party so arrested or convicted shall appear before the court in which the case is pending or the conviction had, and enter into a bond to the state of Iowa in a sum to be fixed by the court, which in no event shall exceed the sum of one thousand dollars, LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 171 with or without sureties as may be determined by the court, conditioned that such husband will furnish said wife with a necessary and proper home, food, care and clothing, or that such parent will furnish his or her child or children with a necessary and proper home, food, care and clothing, then said court may release the defendant. Said bond shall remain in force so long as the court deems the same necessary; and whenever it shall appear to said court by affidavit or otherwise that such husband or parent is in good faith furnishing his wife, child or children with the necessary and proper home, food, care and clothing, the court may annul the said bond. SEC. 4. Failure of undertaking-trial-commitment-release. Upon failure of said husband or parent to comply with his undertaking he or she may be arrested by the sheriff or other officer upon a warrant issued from the court in which the case is pending or the conviction was had and the court may thereupon order a forfeiture of the undertaking and that the defendant to be tried or committed in execution of the sentence, or for good cause shown may release the defendant upon a new undertaking. SEC. 5. Prima facie evidence of willful desertion or neglect. Proof of the desertion of wife, child or children in destitute or necessitous circumstances or of neglect to furnish such wife, child or children necessary and proper food, clothing or shelter, shall be prima facie evidence that such desertion or neglect was willful. SEC. 6. Acts in conflict repealed. All acts or parts of acts in conflict herewith are hereby repealed or amended, as the case may be, so as to make this act effective. SEC. 7. In effect. This act, being deemed of immediate importance, shall take effect and be in full force from and after its passage, and publication in the Register and Leader, and the Des Moines Capital, daily newspapers published in the city of Des Moines, Iowa. Approved March 26, A. D. 1907. I hereby certify that the foregoing act was published in the Des Moines Capital, March 27, 1907, and the Register and Leader, March 28, 1907. W. C. HAYWARD, Secretary of State. CHAPTER 171. BURGLARY. H. F. 356. AN ACT to punish burglary where explosives have been used. [Additional to chapter three (3) of title twenty-four (XXIV) of the code, relating to offenses against property.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Burglary with explosives-penalty. If any person shall break and enter any building and commit any public offense therein by the use, or with the aid, of nitroglycerin, dynamite, giant powder, gunpowder, or any other explosive material, he shall be imprisoned in the penitentiary not less than 15 years. Approved April 4, A. D. 1907. CH. 173] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 172. THE WILLFUL TAKING OF STEAM OR STEAM HEAT FROM THE PIPES OF STEAM HEATING COMPANIES. S. F. 240. AN ACT to amend chapter one hundred thirty-two (132) of the laws of the Thirtieth General Assembly of Iowa entitled "An act prohibiting the willful taking of any electric current, gas or water from the wires, meters, pipes or any apparatus of any electric light, electric motor, gas or water plant with intent to defraud (additional to chapter five (5), title twenty-four (XXIV) of the code)" by making it applicable to steam heating plants and the taking of steam or steam heat. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Larceny of steam or steam heat. Chapter one hundred thirtytwo (132) of the laws of the Thirtieth General Assembly of Iowa be and the same is hereby amended by inserting after the word "water" in the third line thereof the words "steam heating," and by inserting after the word "water" in the fourth line thereof the words "steam, steam heat." Approved March 28, A. D. 1907. CHAPTER 173. LEWD, IMMORAL AND LASCIVIOUS ACTS. H. F. 111. AN ACT to define and punish lewd, immoral and lascivious acts and to provide penalty for the same. [Additional to chapter nine (9) of title twenty-four (XXIV) of the code, relative to offenses against chastity, morality and decency.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Lewd, immoral and lascivious acts with children-penalty Any person over eighteen years of age who shall willfully com mit any lewd, immoral or lascivious act upon or with the body or any part or member thereof, of a child of the age of thirteen years, or under, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, or of such child, shall be punished by imprisonment in the penitentiary not more than three (3) years, or by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars ($500.00). SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved March 12, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 14, 1907. W. C. HAYWARD, LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 174. CRUELTY TO ANIMALS. S. F. 123. [CH. 175 AN ACT to amend section forty-nine hundred and sixty-nine (4969) of the code, providing for the punishment of cruelty to animals. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Cruelty to animals. That section forty-nine hundred and sixty-nine (4969) of the code, be and the same is hereby amended so as to read as follows: "If any person torture, torment, deprive of necessary sustenance, mutilate, overdrive, overload, drive when overloaded, cruelly beat or cruelly kill any animal, or unnecessarily fail to provide the same with proper food, drink, shelter or protection from the weather, or drive or work the same when unfit for labor, or cruelly abandon the same, or carry the same or cause the same to be cruelly carried on any vehicle or otherwise or shall commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals whether the acts or omissions herein contemplated be committed either maliciously, willfully or negligently and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done he shall be imprisoned in the county jail not exceeding thirty (30) days, or be fined not exceeding one hundred (100) dollars." Approved April 4, A. D. 1907. CHAPTER 175. BUCKET SHOP AND BUCKET SHOPPING. H. F. 396. AN ACT defining bucket shop and bucket shopping, making it a crime to maintain and operate the same and providing penalties for so doing. [Additional to chapter nine (9) of title twenty-four (XXIV) of the code, relating to offenses against chastity, morality and decency.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Bucket shop and bucket shopping defined. That a bucket shop, within the meaning of this act, is defined to be an office, store or other place wherein the proprietor or keeper thereof, or other person or agent, either in his or its own behalf, or as the agent or correspondent of any other person, corporation, association or co-partnership within or without the state, conducts the business of making, or offering to make, contracts, agreements, trades or transactions respecting the purchase or sale, or purchase and sale, of any stocks, grain, provisions, or other commodity, or personal property, wherein both parties thereto, or said proprietor or keeper, contemplate or intend that such contracts, agreements, trades or transactions shall be, or may be closed, adjusted or settled according to, or upon the basis of, the public market quotations of prices made on any board of trade or exchange, upon which the commodities or securities referred to in such contracts, agreements, trades or transactions are dealt in, and without a bona fide transaction on such board of trade or exchange; or wherein both parties, or such keeper or proprietor shall contemplate or intend that such contracts, agreements, trades or transactions shall be, or may be, deemed closed or terminated when the public |