Execution for

costs.

Appointment of trustees:

their bond, securities, duties and powers.

Trustees to demand books, papers, &c..

may sue for

whose name.

Their liabilities.

SEC. 17. If judgment be rendered, upon any such information, against any corporation, or against any person claiming to be a corporation, the court may cause the costs thereon to be collected by execution against the directors, or other officers of such corporation, or against the person claiming to be a corporation.

SEC. 18. Upon the dissolution of any corporation, under the fifteenth section of this act, the court pronouncing the judgment of ouster and dissolution, shall appoint three persons who shall not be directors of, or stockholders in, such corporation at the time of its dissolution, as trustees of the creditors and stockholders of the corporation dissolved, and who, after entering into bond to the Territory of Iowa, in such sum and with such securities as the said court shall designate and approve, conditioned for the faithful discharge of the trust and payment over and proper application of all money that may come into their hands, shall have full power to settle the affairs of the corporation, collect and pay the outstanding debts, and divide among the stockholders the moneys and other property that shall remain after the payment of debts, and other necessary expenses.

SEC. 19. The persons, so constituted trustees, shall forthwith demand of the officers of said corporation all moneys, property, books, deeds, notes, bills, oblidebts, and in gations, and papers, of every description, whether in their custody or within the power and control of any one of them, belonging to said corporation, or in anywise necessary for the settlement of its affairs, or the faithful discharge of its debts and liabilities, and they shall have authority to sue for and recover the debts and property of the dissolved corporation, by the name of the trustees of such corporation, describing it by its usual corporate name, and shall be jointly and severally responsible to the creditors and stockholders of such corporation to the extent of its property and effects that shall come into their hands.

Refusal to de

SEC. 20. If the officers of such corporation, or any liver books, pa- one or more of them, shall refuse or neglect to depers, &c, a con- liver over any such moneys, property, books, deeds, how punished. notes, bills, obligations, or papers, pursuant to such

tempt, and

demand, he or they so refusing or neglecting, shall be deemed guilty of a contempt of court, and shall be severally fined in any sum not exceeding five

thousand dollars, and be imprisoned in the cell or dungeon of the jail of the proper county, until he or they shall comply with the order of the court, or be otherwise discharged by due course of law, and shall

be liable moreover to the said trustees in an action Action for on the case for all damages that may have been sus- damages. tained by the stockholders and creditors of the corporation, or any one of them, in consequence of such neglect or refusal.

SEC 21. When the information against any cor- Misconduct, poration shall be filed, as aforesaid, on any alleged forfeiture, and misconduct of the officers or directors thereof, and damages. judgment of forfeiture and ouster shall be rendered. thereon, it shall be lawful for any person who has been injured thereby, at any time within one year Limitation. from the date of said judgment, to institute any suit which may be proper in the premises against any such officer or directors, and recover the damages he may have sustained by reason of such misconduct.

required of

neys, under

SEC. 22. Whenever the office of district attorney Who may pershall happen to be vacant, or said attorney shall be form the duties absent, or interested in the subject matter of con- district attortestation, or disabled from performing the duties prescribed by this act from any cause whatever, the this act. district court in term time, or judge thereof, in vacation, may direct or permit any member of the bar to do and perform the duties herein directed to be done and performed by the district attornies of the several counties of this Territory.

Court of chan

SEC. 23. Nothing in this act contained shall be in- Trusts, and tended to restrain any court of chancery in this Ter- their performritory from enforcing the performance of trusts for ance. charitable purposes, at the relation of the district attorney of the proper county, or from enforcing trusts or restraining abuses in other corporations at the suit of the person injured.

cery.

SEC. 24. That all fines collected under the provi- Fines, where sions of this act, shall be paid over into the treasury paid, and for of the proper county, for the use of schools within said county.

what use.

SEC. 25. Nothing in this act contained shall author- Limitation of ize any proceeding against any corporation for forfeit- suits. ure of charter, unless the same shall be commenced within five years from the time of the exercise of the power or the act of omission alleged as the cause of forfeiture, and no proceeding under this act shall be sustained against any corporation on account of the exercise of any power or franchise under its charter,

ed.

which shall have been used and exercised for the term of twenty years prior to the commencement of such proceeding, nor shall any proceeding be comActions, when menced under this act against any officer to oust him to be commenc- or her from office, unless such proceeding shall be commenced within three years next after the cause of such ouster, or right to hold such office, shall have arisen: Provided, That such proceedings under this act may be had, and the same shall not be barred in any of the above cases, if commenced within two years from the passage of this act.

Proviso.

Appeals, when and to whom allowed.

SEC. 26. Appeals may be taken from the decision of the district court only in cases wherein a corporation is a party to any proceedings under this act, upon such terms as the said district court shall prescribe, but in all cases writs of error may be prosecuted whenever the supreme court or any of the judges thereof, in vacation, upon being presented with a copy of the record, shall certify that there is reasonable cause for the bringing such writ. The said supreme court or judge, in vacation, may impose such terms and conditions upon the party wishing to prosecute such writ of error as to the said Writs of error, court or judge shall seem reasonable and just. The how they shall allowance of a writ of error shall operate, after notice thereof, as a stay of proceedings in the district court until the determination, but writs of error, without supersedeas shall issue as writs of right as in other

operate.

This act in

cases.

SEC. 27. This act to take effect, and be in force force, May 1st, from and after the first day of May next. APPROVED, December 20, 1838.

1839.

ty.

RECORDERS.

AN ACT relating to the office of Recorder of Deeds, &c.

SEC. 1. Be it enacted by the Council and House of Recorder's of Representatives of the Territory of Iowa, That there fice in each or shall be an office of recorder of deeds, in each and ganized coun- every organized county in this Territory, which shall be called and styled the recorder's office; and said office shall be kept at the county seat of each organized county, and the recorder shall duly attend to the duties of the same, shall provide good, large, well bound books, of royal or other large paper, which shall be paid for out of the county treasury, wherein

he shall record, in a fair and legible hand, all deeds and conveyances which shall be brought to him for that purpose, according to law.

SEC. 2. That every two years there shall be a poll Recorder to be opened, at the annual election, for recorder of deeds elected bienfor each organized county in this Territory, and the nially. election shall be conducted as other elections for county officers, and the person having the highest number of legal votes, shall receive a certificate of election from the county commissioners' clerk. And after receiving his certificate of election shall, within ten days thereafter, give bond, with two good and Bond. sufficient securities, in the penal sum of five hundred dollars, to the county commissioners of the county for which he is elected, and to their successors in office, conditioned for the true and faithful perform-Condition. ance of the duties of his office, and to deliver up the records, papers, and effects, to his said office belonging, safe and undefaced to his successor in office; which said respective bonds shall be filed in the office of the clerk of the county commissioners' court for the county for which said recorder is elected, and there safely kept in order to be made use of, for making satisfaction to the parties that shall be aggrieved, as is or shall be directed by law.

security be

given.

SEC. 3. And no recorder of deeds, hereafter to be Penalty for of elected as aforesaid, shall enter upon or officiate in ficiating before his said office before he hath given such security as aforesaid, upon pain of forfeiting the sum of one hundred and fifty dollars, one half to the use of the county, the other for the use of the party complaining, but no record made by such recorder of deeds shall be vacated, or so avoided as to operate against the parties to the instrument recorded, by reason of such recorder not giving such bond.

SEC. 4. Every recorder of deeds shall keep a fair Entry book. book in which he shall immediately make an entry of every deed or writing brought into his office to be recorded, mentioning therein the date, the parties, the place where the lands, tenements, hereditaments, granted or conveyed by the said deed or writing, are situated, dating the entry on the day on which such deed or writing was filed in his office, and shall record all such deeds and writings in regular suc- Deeds to be cession according to the priority of time of their being recorded in brought into his said office, and shall also make and succession. keep a complete alphabetical index to each record book, showing the page on which each instrument is Index.

Receipt.

Fees.

Recorders now

in office.

recorded, with the names of the parties thereto; he shall give a receipt to the person bringing such deed or writing to be recorded, bearing date on the same day as the entry, and containing the abstract aforesaid: Provided. That it shall be the duty of all recorders under this act to file immediately all deeds and papers which may be presented to them for record, and they shall note, on the back of the same, the hour and the day when the same were filed.

SEC. 5. And as a compensation for the duties to be performed by said recorder of deeds, that the following be his lawful fees, which he may demand and collect for recording all deeds, mortgages, and other instruments of writing; for every one hundred words, twelve cents; for copies of the same, when requested, for every one hundred words, twelve cents; for every official certificate, with seal, when requested, twentyfive cents.

SEC. 6. But nothing herein contained shall be so construed as to affect or remove from office any recorder of deeds now elected in this Territory, until an election take place in each organized county, either general or special, and the newly elected recorder is sworn into office. That all acts, or parts of acts, now in force in this Territory, relating to the recorder of deeds, be and the same are hereby repealed from the taking effect of this act.

SEC. 7. This act to take effect and be in force from and after the first day of March next. APPROVED, January 19, 1839.

Action of replevin, when,

by whom, and for what pur

REPLEVIN.

AN ACT regulating the action of Replevin.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That where any goods and chattels are wrongfully detained, an action of replevin may be brought for the recovery pose instituted. Of such property, by the person entitled to the immediate possession thereof, or, in his name, by any person duly authorized, by him, for that purpose.

Affidavit, when

filed, and what

SEC. 2. The writ, in this action, shall not issue and with whom without an affidavit of the plaintiff, his agent or attorney, shall have been filed in the office of the clerk forth therein. by whom such writ is to be issued, stating that such goods and chattels are wrongfully detained by the

shall be set