of the said county commissioners as aforesaid, it shall then be the duty of said clerk to sue for the same, before any justice of the peace in said county, and he shall recover, for the use of said county, the sum of five dollars for each copy so detained, with costs of suit. No person, however, while he continues to hold any office which entitles its incumbent to a copy of the laws as aforesaid, shall be required to return his copy of the same as aforesaid.

SEC. 10. That the Secretary of the Territory be Naturalization and he is hereby required to furnish the public laws to be printer with a copy of all the acts of Congress, now printed. in force, relative to the naturalization of aliens, as soon as practicable, and that it shall be the duty of the printer aforesaid to publish the same, as an appendix, with the statutes of a public nature of the present Legislative Assembly.

SEC. 11. This act shall take effect and be in force from and after its passage.

APPROVED, January 21, 1839.

LEGISLATIVE ASSEMBLY.

AN ACT to district the Territory of Iowa into electoral districts. and to apportion the Representatives of each.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the First district. counties of Du Buque, Clayton, Fayette, Delaware, and Buchanan, shall form the first electoral district, and shall be entitled to three members of the House of Representatives; the county of Jackson shall form

the second electoral district, and shall be entitled to Second disone member of the House of Representatives; the trict. counties of Clinton and Scott shall form the third Third district. electoral district, and shall be entitled to two members of the House of Representatives; the counties of Muscatine, Johnson, and Keokuck, shall form the

fourth electoral district, and shall be entitled to two Fourth district. members of the House of Representatives; the counties of Cedar, Linn, Jones, and Benton, shall

form the fifth electoral district, and shall be entitled Fifth district. to one member of the House of Representatives; the

counties of Louisa and Slaughter shall form the sixth Sixth district. electoral district, and shall be entitled to two members of the House of Representatives; the counties

Seventh district.

of Henry and Jefferson shall form the seventh electoral district, and shall be entitled to three members of the House of Representatives; the county of Van Eighth district. Buren shall form the eighth electoral district, and

shall be entitled to three members of the House of Ninth district. Representatives; the county of Lee shall form the ninth electoral district, and shall be entitled to four members of the House of Representatives; the Tenth district. county of Des Moines shall form the tenth electoral district, and shall be entitled to five members of the House of Representatives.

APPROVED, January 21, 1839.

LEGISLATIVE ASSEMBLY.

AN ACT fixing the time for the annual meeting of the Legislative
Assembly.

SEC. 1. Be it enacted by the Council and House of

To meet on the Representatives of the Territory of Iowa, That the first Monday in Legislative Assembly shall commence its session, annually, on the first Monday in November, in each year.

November.

Next meeting

SEC. 2. That the next meeting of the Legislature at Burlington. shall be held in the city of Burlington, in Des Moines

Governor may call a special

session.

LEGISLATIVE ASSEMBLY.

AN ACT to authorize the Governor to call a Special Legislative Assembly.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the Governor of this Territory is hereby authorized and empowered to call a special session of the Legislative Assembly, at any time when he may deem the same expedient and proper.

SEC. 2. This act to be in force from and after its passage.

APPROVED, January 25, 1839.

LIMITATION OF ACTIONS.

AN ACT for the limitation of actions, and for avoiding vexatious law suits.

pass, detinue,

trover, &c.

SEC. 1. Be it enacted by the Council and Ilouse of Representatives of the Territory of Iowa, That all actions Limitation of of trespass, detinue, trover, and replevin, for taking actions of tresaway goods and chattels, all actions for the arrearages of rent, due on a parole demise, and all actions of account, and upon the case, except actions for slander, and malicious prosecutions, and such actions as concern the trade of merchandise between merchant and merchant, their factors or agents, shall be commenced within five years next after the cause of action shall have accrued, and not after.

SEC. 2. That all actions of trespass for assault and Assault, battebattery, wounding and imprisonment, or any of them, ry, &c. shall be commenced within two years next after the cause of such action shall have accrued, and not after.

licious prosecu

tion.

SEC. 3. That every action on the case for slanderous Slanderous words, shall be commenced within one year next words, and maafter the words spoken, and not after; and every action for malicious prosecution shall be commenced within two years next after the cause of action shall have accrued, and not after.

SEC. 4. That every action of debt, or covenant for Debt or coverent, or arrearages of rent, founded upon any lease, nant for rent, under lease, or every action of debt, on account &c. founded upon any single or penal bill, promissory note, or writing obligatory, for the direct payment of money, or the delivery of property, or the performance of covenants, or upon any award, under the hands and seals of arbitrators, for the payment of money only, shall be commenced within six years after the cause of such action shall have accrued, and not after; but if any payment shall have been made on any such lease, single bond, or penal bill, promissory note, writing obligatory, or award, within or after the said period of six years, then an action instituted on such lease, single or penal bill, promissory note, writing obligatory, or award, within six years after such payment, shall be good and effectual in law, and not after.

SEC. 5 That judgment in any court of record in Judgments rethis Territory may be revived by scire facias, or an vived. action of debt may be brought thereon within twenty years next after the date of such judgment, and not after.

Right of entry barred after 20 years.

Certain actions

within twenty years.

SEC. 6. That no person, who now hath, or hereafter may have, any right of entry into any lands, tenements, or hereditaments, shall make an entry but within twenty years next after such right shall have accrued, and such person shall be barred from any entry afterwards.

SEC. 7. That every real, possessory, ancestral, or to be brought mixed action, or writ of right, brought for the recovery of any lands, tenements, or hereditaments, shall be brought within twenty years next after the right or title thereto or cause of such action accrued, and not after: Provided, That in all the foregoing cases in this act mentioned, where the person or persons who shall have right of entry, title, or cause of action, is, are, or shall be at the time of such right of entry, title, or cause of action, under the age of twentyone years, insane, or beyond the limits of this Territory, or feme covert, such person or persons may make such entry, or institute such action, so that the same may be done within such time as is within the different sections of this act limited, after his or her becoming of full age, sane, feme sole, or coming within this Territory.

Absence not to

SEC. 8. That if any person or persons against whom be accounted in there is, or shall be, any cause of action, as is specicertain cases. fied in the preceding sections of this act, except real

Effect of rever

&c.

or possessory actions, shall be out of this Territory at the time of the cause of such action accruing, or any time during which a suit might be sustained on such cause of action, then the person or persons, who shall be entitled to such action, shall be at liberty to bring the same against such person or persons after his, her, or their return to this Territory, and the time of such person's absence shall not be accounted or taken as a part of the time limited by this act.

SEC. 9. That if in any of the said actions, specified sal of judgment in any of the preceding sections of this act, judgon writ of error, ment be given for the plaintiff, and the same be reversed by a writ of error, or upon appeal, unless a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or if the plaintiff be non-suited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors, or administrators, as the case shall require, may commence a

new action, within one year after such judgment is reversed, or given against the plaintiff, and not after. APPROVED, January 25, 1839.

MECHANICS.

AN ACT relative to Mechanics' liens, and for other purposes.

labor.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That in all Lien on buildcases hereafter, where any contract shall be made ing and lot for between the proprietor or proprietors of any tract of materials and land or town lot on the one part, and any person or persons on the other part, for the erecting or repairing any house, or other building, mill or machinery of any description whatever, or their appurtenances, or for furnishing labor or materials for the purposes aforesaid, and every other person who may have furnished materials which may have been used in the construction of such house, building or mill, by special agreement, the person or persons who shall, in pursuance of such contract, have furnished labor or materials for such purpose, or who shall have furnished such materials as aforesaid, shall respectively have a lien, to secure the payment of the same, upon such house, or other building, mill, or machinery, and on the lot or tract of land on which the same shall be erected.

SEC. 2. When any person or persons shall wish to When action to avail himself, herself, or themselves, of the benefit of be commenced. such lien, he, she, or they shall commence his, her, or their action in any court having jurisdiction of the same, within six months from the time payment should have been made, by virtue of any such contract by which such lien shall have been claimed.

And if such suit be commenced in the district court, Bill or petition it shall be by bill or petition, describing, with com- to be filed. mon certainty, the tract of land, town lot, building, mill, or machinery, upon which said lien is intended

to be made to operate, and also the nature of the

contract or indebtedness, with a bill of particulars of Particulars of his account; which bill or petition shall be filed in the account, the clerk's office of the proper county, and docketed by the clerk on the common law appearance docket. The courts, trying such causes, shall be governed by the same rules of evidence that are now observed in