Persons ap rent or guard ian, to serve fied term. APPRENTICES, &c. AN ACT concerning Apprentices and Servants. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any prenticed, with person bound by indenture of his or her own free consent of pa- will, and with the consent of his or her father (or, he being dead, of the mother or guardian) to be for the speci- expressed in such indenture, and signified by such parent or guardian sealing and signing the same indenture, and not otherwise, or by any two justices of the peace of the county as hereinafter directed, to serve as a clerk, apprentice, or servant, in any profession, trade, or employment, until the age of twenty-one years, or for any shorter time, although such clerk, apprentice, or servant, shall be within the age of twenty-one years at the making of any such indenture, shall be bounden to serve for the term in the indenture specified as fully as if the same clerk, apprentice, or servant, was of full age at the making of the same: Provided, always, that it shall be lawful ing no parent for any male infant under the age of twenty-one years, or any female infant under the age of eighteen years, and who shall have no parent living, nor any guardian, by and with the approbation of two justices of the peace of the county in which he or she may reside, to bind himself or herself apprentice as aforesaid, until such infant or male shall arrive at the age of twenty-one years, and if a female to the age of eighteen years, which approbation shall be endorsed on the indenture, and every such indenture shall be valid and binding. Infants, hav or guardian, may bind themselves with the approbation of justices. If the father be SEC. 2. That when the father of any child is not in incapacitated, legal capacity to give the consent aforesaid, the mother of such child shall have the same power to give such consent as if the father was dead. the mother may give consent. Complaint to be made to a justice of the peace by mas SEC. 3. That if any person who shall be bound as aforesaid, shall refuse to serve as an apprentice or servant, according to the terms of indenture made as ter or mistress, aforesaid, then upon the complaint of the master or mistress, to whom such servant or apprentice shall be bound, to any justice of the peace of the county wherein the said refusal shall be made, said justice of the peace shall have power and authority by this act, by warrant under his hand, or otherwise, to send for the person so refusing, and if the said person re fuse to serve as an apprentice or servant, to commit Apprentice him or her to the jail of the proper county, there to may be committed to jail. remain until he or she be contented and will serve as an apprentice or servant according to the intent and meaning of this act. And to the end that the time Age to be inof the continuance of the service of such apprentice serted in the or servant may the more plainly and certainly ap. indenture. pear, the age of every such infant so to be bound apprentice or servant shall be inserted in his or her indenture, and the age of such infant, so inserted in the said indenture (in relation to the continuance of his or her services) shall be taken to be prima facie evidence of his or her true age. justices by ap SEC. 4. That it shall and may be lawful for any two Complaint to or more justices of the peace in any county, upon be made to two any complaint or application by any apprentice or prentice. servant touching or concerning any misusage, refusal of any necessary provisions or clothing, cruelty, or other ill-treatment of or towards such apprentice or servant, by his or her master or mistress, by precept before them. under their hands, to summon such master or mis- Master or mistress to appear before such justices, at a reasonable tress to appear time and place to be named in such summons, and such justices shall and may examine into the matter of such complaint, and upon proof thereof made If the facts upon oath to their satisfaction (whether the master stated in the or mistress be present or not, if service of the sum- proved, apmons be also upon oath proved) the said justices prentice may may discharge such apprentice or servant by warrant be discharged. or certificate under their hands, for which warrant or certificate no fees shall be paid. complaint be court. SEC. 5. That if any person shall think himself Party aggrievaggrieved by such determination, order, or warrant ed may appeal of such justices as aforesaid, (except an order of to the district commitment) such person may appeal to the next district court, to be holden in and for the county where such determination or order shall be made, such person giving six days notice of his intention of bringing such appeal, and of the cause and matter thereof, to such justices of the peace and the parties. concerned, and entering into recognizance within three days after such notice before some justice of the peace of such county, with sufficient surety, conditioned to try such appeal at, and abide the order and judgment of, and pay such costs as shall be awarded by the judge of, said district court; which said court, upon due proof, upon oath, of such notice. Notice and the matter, and award costs. being given, and of entering into such recognizance recognizance. as aforesaid, shall and are hereby directed to proCourt to hear ceed in, and hear, and finally determine the causes and determine and matters of all such appeals, and give and award such costs to any of the respective parties as they in their discretion shall judge proper and reasonable, not exceeding twelve dollars; the same to be levied by distress and sale of the goods and chattels of such person against whom such determination shall be Its judgment to made, and that their judgments therein shall be final and conclusive to all parties concerned; and if the servant or apprentice shall be found to be delinquent, he or she shall be sentenced by the said court to the term of ser- serve, at its discretion, so much longer time as the court shall deem proper. be final. be delinquent, vice. Controversies ted to arbitra tion. Parties to sign APPROVED, January 18, 1839. ARBITRATORS AND REFEREES. AN ACT concerning reference to Arbitration, by agreement before a may SEC. 1. All controversies which might be the submay be submit-ject of a personal action at law, or of a suit in equity, be submitted to the decision of one or more arbitrators in the manner provided in this act. SEC. 2. The parties shall appear in person, or by an agreement their lawful agents or attornies, before any justice of before a justice the peace, and shall there sign and acknowledge an agreement, in substance as follows: Know all men, that of — and — have agreed to submit the demand, a statement whereof is hereto annexed, [and all other demands between them, as the case may be,] to the determination of of the peace. Form of the agreement. Justices certificate. of and, the award of whom, or the greater part of whom, being made and reported within one year from this day to the district court for the county of —, the judgment thereon shall be final; and if either of the parties shall neglect to appear before the arbitrators, after due notice given them of the time and place appointed for hearing the parties, the arbitrators may proceed in his absence. Dated this- day of in the year And the justice shall subjoin to the said agreement his certificate, in substance as follows: and SS Then the above named personally appeared (or the above named between the parties, or of SEC. 3. If any specific demand is submitted to the Submission of exclusion of others, the demand submitted shall be all demands set forth in the statement annexed to the agreement, otherwise it shall not be necessary to annex any any specific destatement of a demand, and the words in the agree- mand. ment relating to such statement may be omitted, and the submission may then be of all demands between the parties, or of all demands which either of them has against the other; or the submission may be varied in this respect in any other manner, according to the agreement of the parties. SEC. 4. No such agreement to submit all demands What demands shall include any demands but such as might be the shall be includsubject of a personal action at law, or of a suit in ed in the agreeequity. ment to submit. Submission not sent of the other. SEC. 5. Neither party shall have power to revoke to be revoked a submission, made as herein provided, without the by either party, consent of the other; and if either of them shall without conneglect to appear before the arbitrators, after due notice, the arbitrators may nevertheless proceed to If either party hear and determine the cause, upon the evidence neglect to approduced by the other party, as provided in the pear, arbitraagreement of submission. tors may proceed. SEC. 6. The time within which the award shall be When the made and reported, may be varied, according to the award shall be agreement of the parties; and no award made after reported. that time shall have any legal effect or operation, unless made upon a recommitment of the award by the court to which it is reported. of the award. SEC. 7. The award shall be delivered by one of the Delivery or arbitrators to the court designated in the agreement, transmission or shall be enclosed and sealed by them and transmitted to the court, and shall remain sealed until opened by the clerk. SEC. 8. The court to which the award is returned Court to have shall have cognizance thereof in like manner, and cognizance like proceedings shall be had thereon, as if it had thereof been made by referees appointed by a rule of the same court. SEC. 9. The award may be accepted or rejected by Court may acthe court for any legal and sufficient reason, or it cept or reject may be recommitted to the same arbitrators for a re-hearing by them; and when an award is accepted arbitrators. award, or recommit to the If confirmed, and confirmed by the court, judgment shall be renjudgment to be dered thereon in like manner as upon a like award made by referees appointed by a rule of the court, and execution shall issue accordingly. rendered. Award may be returned at any session within the time limited. Par ties to attend. Majority of a SEC. 10. The award may be returned at any term or session of the court that shall be held within the time limited in the submission, and the parties shall attend at every such term or session without any express notice for that purpose, in like manner as if an action for the same cause were pending between them in the same court; but the court may require actual notice to be given to either party, when it shall appear to them necessary or proper, before they proceed to act upon the award. SEC. 11. All the arbitrators shall meet and hear bitrators may the parties, but an award by a majority of them shall be valid, unless the concurrence of the whole be expressly required in the submission. make award. Award for costs, including compensa tion to arbitrators. Court may reduce compen sation. Appeal from district court not allowed, but the aggrieved party may bring writ of error. Fees to justice of the peace, and in district court. Court, on ap permit liti gants to refer the cause to SEC. 12. If there is no provision in the submission concerning the costs of the proceedings, the arbitrators may make such award respecting the costs as they shall judge reasonable, including therein a compensation for their own services; but the court may reduce the sum charged for the compensation of the arbitrators if it shall appear to them unreasonable. SEC. 13. No appeal shall be allowed from any order or judgment of the district court, upon any award made under this act, but any party aggrieved by such judgment may bring a writ of error, for any error in law or fact, as in other cases, and the supreme court shall thereupon render such judgment as the district court ought to have rendered. SEC. 14. The fees of the justice of the peace for making out the agreement of submission, and certifying the acknowledgment thereof, shall be fifty cents; and the fees payable in the district court shall equal those for the like services with respect to an award made under a rule of that court. SEC. 15. Be it further enacted, That whenever it plication, may shall appear in any cause pending in any district court, by the oath of either party, or otherwise, that the trial of the same will require the examination of three persons. a long account on either side, such court may, on application, and by and with the consent of both parties, permit them to enter into an agreement before the court to refer such cause to three persons, naming them in said agreement, which shall be |