also to damages for its detention, and offers to prove J. M., Atty. for pl'tff. that such is his right. PLEA TO THE MERITS. SS. County, District court for said county [ to be dated the day Plea to the on which the plea is filed ]-D. F. denies the right merits. of A. B. to the tract of land, with the appurtenances, and damages for the detention thereof, as set forth in his declaration, or to any part thereof, and hereupon he prays a jury to determine the truth of this plea. G. W., Atty. for defendant. WRIT OF POSSESSION. SS. County, The United States of America to the Sheriff of said county. session. In pursuance of a judgment obtained by A. B. Writ of posagainst D. F. in the district court of said county, you are hereby commanded to deliver to the said A. D. without delay, the possession of the following premises, with the appurtenances, to wit [here describe the property recovered with like certainty as in a declaration ]. And further, that of the goods and chattels, lands and tenements of the said D. F. being in your county, you cause to be made, and delivered to the said A. B. the sum of for his dam ages, costs and charges, as specified in said judgment; hereof fail not, and have you this writ with a return of your doings thereon before said court, on the first day of the next term thereof, witness, &c. [or the damages, costs and charges aforesaid, may be collected by a separate writ of fieri facias, as in ordinary judgments.] APPROVED, December 29, 1838. ers to locate the road. ROADS. AN ACT to locate and establish a Territorial Road from Keokuck, on the Mississippi river, to Iowa City, on the Des Moines river. SEC. 1. Be it enacted by the Council and House of Commission Representatives of the Territory of Iowa, That James Sutton, Joseph Robb, and James McMurry, be and they are hereby appointed commissioners to locate and mark a Territorial Road, commencing at Keokuck, in Lee county, on the Mississippi river, thence to the horse tail reach, on the Des Moines river, thence up said river as near as practicable to Iowa city, on said river, passing through Farmington, New Lexington, Bentonsport, Columbus, and Philadelphia, in the county of Van Buren. When and sioners to meet. SEC. 2. And be it further enacted, That the commiswhere commissioners aforesaid, or any two of them, shall meet at Keokuck, on the first day of June next, for the purpose of proceeding to the discharge of their duties as commissioners aforesaid, and that they be and are hereby authorized to adjourn from time to time, and from place to place, as they may agree and determine; and that in case said commissioners, from any cause, shall fail to meet at the time and place aforesaid, or any other time or place to which the said commissioners may have adjourned, that then the sheriff of Lee county be authorized, and he is hereby required, on the application of any of said commissioners, either written or verbal, to notify in writing said commissioners of some other day, to be by him appointed, and request their attendance on such day at the place aforesaid. Failing to do so, sheriff of Lee county may appoint a day. APPROVED, December 14, 1838. Comm'rs. to ROADS. AN ACT to locate a Road from Fort Madison, in Lee county, to Trenton, in Henry county. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That William locate the road. Skinner, of the county of Lee, and Samuel Brazleton and Myriam Kilbourn of the county of Henry, be and they are hereby appointed commissioners to locate and mark a Territorial road, commencing at the town of Fort Madison, on the Mississippi river, running thence on the nearest and best route to Balti more, in Henry county, thence on the nearest and best route to Mount Pleasant, in said county, thence on the nearest and best route to Trenton, in said county. SEC. 2. That the said commissioners, or any two Where and of them, shall meet in the town of Fort Madison, on when comm'rs the first Monday in April next, for the purpose of to meet. proceeding to the discharge of their duties, and that they be and are hereby authorized to adjourn from time to time, as a majority of them may deem proper; and that in case the aforesaid commissioners, from any cause, shall fail to meet at the time and place aforesaid, or at any other time to which Failing to do the said commissioners may have adjourned, that so, sheriff of then the sheriff of Lee county be authorized, and he Lee county is hereby required, upon the application of any one day. of said commissioners, to notify said commissioners, in writing, of some other day, to be by him appointed, and the commissioners, when assembled, shall proceed to lay out and mark said road, according to the provisions of law in such case made and provided. APPROVED, December 19, 1838. may appoint a ROADS. AN ACT to provide for laying out and opening Territorial Roads. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all Ter- Territorial ritorial roads to be hereafter located and established roads to be laid within this Territory shall be viewed, surveyed, and out within one established, and returns made thereof agreeably to the provisions of this act, within one year from the passage of the act by which said road or roads may be granted or authorized to be laid out respectively. year. SEC. 2. The commissioners, appointed to locate Special proviand establish any Territorial road, shall cause the sions as to the same to be correctly surveyed and marked from the mode. beginning throughout the whole distance, by setting. stakes in the prairie at three hundred yards distance, and blazing trees in the timber; they shall establish mile posts, which shall be marked with a marking iron, în regular progression, from the beginning to the termination of said road, and shall also establish a post at every angle in the said road, marking as Certified return of survey and plat. Where to be recorded. Expense to be paid by the counties. Established aforesaid upon the same, and upon a tree in its vicinity, if any there be, the bearing from the true meridian of the course, beginning at said angle post, set as herein directed, and note the bearing and distance of two trees in opposite direction, if there be any in the vicinity, from each angle and mile post. SEC. 3. The commissioners and surveyor of each road shall make a certified return of the survey and plat of the whole length of said road, specifying in said return the width, depth, and course of all streams, the position of all swamps and marshes, and the face of the country generally, noting when timber and when prairie, and the distance said road shall have been located in each county. SEC. 4. Said return and plat shall be signed by a majority of the commissioners, and the surveyor of said road, and forwarded to the Secretary of the Territory, within sixty days after the view and survey of the same, to be by him recorded and preserved; they shall also, within sixty days as aforesaid, deposit in the office of the clerk of the board of commissioners of each county through which said road shall be laid, a return and plat, as aforesaid, of so much of said road as shall be laid out and established in said county, to be there recorded as aforesaid. SEC. 5. The said commissioners shall, after the completion of the survey of any road as aforesaid, make out a certified account of all services rendered, as well by the surveyor and other hands as by themselves, charging to each county, through which said road may have been laid, a proportion of the expense, agreeably to the number of days employed thereon, and the board of commissioners of said county shall audit and settle the same. SEC. 6. All Territorial roads, authorized to be laid width of roads. Out by any law of this Territory, and not yet commenced, shall be laid out in the manner prescribed in this act, and the commissioners shall comply with all the regulations herein contained; and further, the established width of all Territorial roads shall be seventy feet. No part of expense to be paid by Territory. SEC. 7. When any road shall have been located and established agreeably to the provisions of this act, the same shall be and forever remain a public highway, and shall be opened and worked by the counties through which it shall be laid as county roads are; and no part of the expense of laying out and establishing any Territorial road, or of the damages sustained by any person or persons in consequence of laying out any Territorial road, shall be paid out of the Territorial Treasury. APPROVED, December 29, 1838. ROADS. AN ACT to locate and establish a Territorial Road, from Black Hawk, in Louisa county, via Wapello and Mount Pleasant, to the southern boundary line of the county of Van Buren, in a direction to Jefferson City, in the State of Missouri. the road. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That S. S. CommissionGourly, of Louisa county, Robert Caulk, of Henry ers to locate county, and Silas Stone, of Van Buren county, be and the same are hereby appointed commissioners to locate and establish a Territorial Road, commencing at the town of Black Hawk, in Louisa county, thence the nearest and best route to Wapello, in said county, thence the nearest and best route to Mount Pleasant, thence the nearest and best route to Washington, in Henry county, thence the nearest and best route to Bentonsport, in Van Buren county, thence to the southern line of said county, in a direction to Jefferson City, in the State of Missouri. SEC. 2. That said commissioners, or a majority of Where and them, shall meet in the town of Wapello, on the when comm'rs second Monday in May next, and shall proceed to to meet. locate said road, according to the provisions of an act to locate and establish Territorial Roads; and if said commissioners, or a majority, shall fail to meet Failing to do at such time and place as is herein specified, it shall so, sheriff of be the duty of the sheriff of the county of Louisa to notify said commissioners, of a day to be by him appointed, of the time and place of a second meeting of said commissioners, who shall then proceed to locate said road as above directed. SEC. 3. This act to take effect and be in force from and after its passage. APPROVED, December 31, 1838. Louisa to appoint a day. |