Special bail of

or.

representatives aforesaid, good collateral security, to be approved by the court before whom such suit is depending.

SEC. 6. That when the special bail of any judgment judgment debt- debtor shall be indemnified by the payment of such judgment, or part thereof, it shall be lawful for such bail, his executor, administrator, or heir, to recover the amount of such payment, with interest and costs, upon motion in the same court where judgment was rendered against such bail, or his legal representatives of the said debtor, his heirs, executors, or administrators.

Notice to be given.

SEC. 7. That in all proceedings, by motion, under this act, ten days notice of such motion shall be given to the person against whom such judgment is to operate.

APPROVED, December 25, 1838.

ties may surrender their principal.

SECURITIES.

AN ACT for the relief of securities of persons charged with criminal offences.

SEC. 1. Be it enacted by the Council and House of When securi- Representatives of the Territory of Iowa, That in all cases of surety for the appearance of persons charged with criminal offences before any court, the security or securities of such person may, at any time before judgment is rendered upon the scire facias to show cause why execution should not issue, seize and surrender their principal to the sheriff of the county wherein the recognizance shall be taken; and it shall be the duty of such sheriff, on such surrender, and on the delivery to him of a certified copy of the recognizance by which such security or securities are bound, to take such person into custody, and by writing acknowledge the surrender aforesaid, and thereupon the said security or securities shall be acquitted and discharged of such recognizance. APPROVED, January 3, 1839.

SHERIFFS.

AN ACT for the appointment and duties of Sheriffs.

ed and com

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Sheriff in each shall be appointed, and commissioned by the Gov- county, by ernor, by and with the consent of the Legislative whom appointCouncil, in each of the organized counties of this missioned. Territory, a sheriff, who shall hold his office for the term of two years, unless sooner removed, who shall, previous to entering upon the duties of his office, take an oath or affirmation to support the constitu

tion of the United States, and, also, an oath, or Tenure, and affirmation, faithfully to execute the duties of his oaths of office. office.

whom approv

bonds.

SEC. 2. Every sheriff, appointed and commissioned When bonds, as aforesaid, on receiving notice of his commission, to be given, to shall, within thirty days thereafter, enter into bonds, whom, and by to the United States, with good and sufficient security, ed to be appointed by the judge of the district court of his county, at the term next after the dates of such bond, in the penal sum of five thousand dollars, con- Penal sum, ditional for the faithful discharge of all the duties $5,000. required, or to be required, of him by law, as sheriff, Condition of and shall also, at the time of giving such bond, take and subscribe, before the clerk of the district court, the several oaths required by law: Provided, That if Proviso, as to no district court be held within the proper county, approving bond within thirty days after notice of such commission as aforesaid, the clerk may approve the bond and security aforesaid, which bond, in that case, shall be good and valid, until the end of the next succeeding district court.

in vacation.

oaths and

SEC. 3. The oaths, so taken, and bond given as Filing, recordaforesaid, shall be filed and recorded by the clerk of ing and certithe district court, and the taking and subscribing of fying sheriff's the oaths, shall be certified by him on the back of bonds, by the commission, and a certified copy of such bond whom performunder the seal of the district court shall be evidence ed. in all courts in this Territory.

ed vacant.

SEC. 4. If any sheriff, appointed as aforesaid, shall When the of neglect, or refuse, to enter into bonds, and take the fice of sheriff oaths above subscribed, within the time above speci- shall be deemfied, or if any bond approved by the clerk, as aforesaid, shall be disapproved by the judge of the district court, and such sheriff shall not, during the term of the court, procure such security as the judge shall

Duties of sher

and return, of

process.

Contempt of

approve, in all such cases the office shall be deemed

vacant.

SEC. 5. It shall be the duty of every sheriff, when iff, as regards qualified as aforesaid, to execute, and return, all writs, the execution, warrants, process, orders and decrees, of every description, that shall, or may be legally directed and delivered to him, within the limits of his county, under pain of contempt of court, under which warrant, writ, process, or decree may have issued, and for the service of such process, and for keeping of the peace, such sheriff may call to his aid the power of the county, when necessary.

court. Peace, and

power of the county.

Sheriff to give

what cases.

SEC. 6. Every sheriff, to whom any writ shall be certificate, in delivered, in the county where it is to be executed, shall, if required by the person delivering the same, give to such person a certificate under his hand, without taking anything therefor, wherein the names of the parties and the day of delivering the writ shall be mentioned.

Neglect, or refusal to pay over money,

&c.

How redress

ed, in such ca

ses.

SEC. 7. If any sheriff shall neglect, or refuse to pay over any money collected by virtue of any execution, or process, to any person entitled to receive the same, or shall wilfully neglect his duties, to the prejudice, or injury, of any person, such person may, in the court where the bond of such sheriff is filed, and recorded, prosecute the bond of such sheriff, and the may be obtain same proceedings shall be had thereon, as in other cases of bonds for the performance of covenants, and after judgment had, any person injured and who would be entitled to sue on said bond, may obtain a writ of inquiry of damages, on such judgment, and in every case where damages shall be assessed, execution shall be issued for the amount of such damages, and costs, and collected, for the use of the injured party, or upon the failure of any sheriff, after demand made to pay over any money by him collected, by virtue of any execution, or process whatever, to any person entitled to receive the same, such Damages and person may proceed against the sheriff in a summary way, before the district court, by motion, upon giving to such officer three days' notice of the application, and recover the amount so neglected to be paid, with twenty per cent. damages thereof, for such detention, and shall have execution therefor: Provided, That in all such cases, if the sheriff shall pay, or satisfy, the amount claimed by the party prosecuting, with costs, under the direction of the court before final judgment, or in any subsequent prosecution

costs.

Proviso.

before inquest found, all further proceedings on such bond or judgment shall be stayed by the court.

missioners.

SEC. 8. If any sheriff shall fail to settle with, and Sheriff's settlepay over, to the board of county commissioners, ac- ment with cording to law, any money which he may have col-county comlected, or received, belonging to such county, it shall be lawful for the board of county commissioners of such county, to proceed against such sheriff in a summary way before the district court, by motion, upon giving such sheriff three days' notice of such application, and recover the amount due such county, Summary prowith twenty per cent. damages thereon, for such ceedings, in neglect, and shall have execution therefor, or may proceed against such sheriff, and his securities, for medies. such delinquency, upon his bond of office.

such cases; and election of re

SEC. 9. It shall be the duty of each and every Annual settlesheriff, in this Territory, to make a settlement with ment in April, the board of county commissioners of his county, for for taxes, &c. the taxes, and moneys by him, collected, or due the county, at the April term of such board, annually, and as often thereafter as he shall be required by the board of commissioners.

and their pow

SEC. 10. The several sheriffs shall be conservators Duties of sherof the peace, in their respective counties, and to iffs, in preservkeep the same, by causing all offenders against the ing the peace, law, in their views, or within their knowledge, to en-ers herein. ter into recognizance, with sufficient sureties for keeping the peace, and appearing at the next term of the district court of the proper county, and to commit, in case of refusal, and return said recognizance, certified to the said court; and it shall also be the duty of all sheriffs to suppress all riots, routs, affrays, fightings, and all crimes and breaches of the peace, and to do and perform all such other duties as are, or may be, required of them by law.

SEC. 11. It shall be the duty of the sheriff of each Sheriffs to atcounty to attend all district courts, probate courts, tend courts, and boards of county commissioners, in his county, and have at the terms and sessions of such courts, or boards, charge of court and he shall have the care and custody of the court house, and jail, and shall appoint a keeper of the jail, for whom he shall answer.

house, and jail.

SEC. 12. No sheriff, or other officers, by color of Penalties for their office shall directly, or indirectly, ask, demand, taking unlawor receive, for any services, or acts to be by them ful fees. performed, in pursuance of any duty of their office, any greater, or more fees, than are allowed by law, on pain of forfeiting, for such offence, to the party

how, and by

erable.

aggrieved, his treble damages, together with costs of suit; and also the sum of two hundred and fifty dolwhom, recov- lars, the one moiety to the county wherein the sheriff, or officers, shall reside, and the other moiety to the party who shall sue for the same, to be recovered with costs of suit, in any court of record, having cognizance thereof, by action of debt

Sheriffs not to purchase at

SEC. 13. No sheriff shall become the purchaser, nor procure any person to become the purchaser, for their own sales. him, of any property, real or personal, by him exposed to sale, by virtue of any execution, or other process, and all such purchases made by any sheriff, or by any other person, in his behalf, shall be absolutely null and void.

Sheriffs may

ties, in what manner, &c. Vacancies.

Where record

ed.

Death of sher iff, and duties

of deputies.

SEC. 14. The sheriff of each county in this Terriappoint depu- tory may, as soon as may be, after he has taken upon himself the office, by writing under his hand. and seal, make some proper person deputy sheriff of the same county, who shall also be his deputy during the pleasure of the said sheriff, and as often as such deputy sheriff shall die, or be removed from his office, or move out of the county, or become incapable of executing the duties of his office, another shall be appointed in his place, in manner aforesaid, and every such deputation, or appointment, shall be recorded in the office of the clerk of the district Court of the proper county; and in case of the death of the sheriff of any county, the deputy sheriff of the county shall, in all things, execute the office of sheriff of the same county, in the name of the deceased sheriff, until another shall be appointed and commissioned, and shall take upon himself the said office, and the faults and misfeasances, in office, of such deputy sheriff in the mean time, as well as before, shall be adjudged a breach of the condition of the bond and security given by the sheriff who appointed him; and in case there shall be no such deputy sheriff of any county, at the time of the death When coroners of the sheriff of such county, or if such deputy sherto act as sheriff shall die, or remove out of the county, or become iffs, and their incapable of executing the office before another powers and duties. sheriff of the same county shall be appointed, and commissioned, and have taken upon himself the said office, then, and in every such case, the coroner of such county shall, in all things, execute the office of sheriff of the same county, until a sheriff thereof shall be appointed and commissioned, and shall take upon himself the said office: Provided, That nothing

Proviso, as to