Penalty for prison, with out authority of law. proper county, for the use of such negro or mulatto, in such manner as shall be directed by the board of county commissioners aforesaid. SEC. 3. Any sheriff, or jailer, who shall hereafter committing to commit, or suffer to be committed, to prison, any negro or mulatto, without a lawful mittimus, or being otherwise authorized by law for that purpose, or under the provisions of this act, such person or persons, so offending, shall pay a fine of not less than fifty, nor more than one hundred dollars. Penalty for negro before giving bond. SEC. 4. Should any person or persons knowingly hiring, &c., any engage, or hire, or harbor, such negro or mulatto, hereafter coming, or being brought into this Territory, without such colored person first complying with the provisions of this act, such person or persons, so offending, shall pay a fine of not less than five, nor more than one hundred dollars, to be recovered by presentment or indictment. How recover ed. Servants of visitors ex SEC. 5. That the right of any person or persons to travellers and pass through this Territory with his, her, or their negroes or mulattoes, servant or servants, when emigrating or travelling to any other State, or Territory, or country, or on a visit, is hereby declared and secured. empt. To whom ap be made by persons claiming negroes or mulattoes. SEC. 6. That in case any person or persons, his or plication shall their agent or agents, claiming any black or mulatto person that now is or hereafter may be in this Territory, shall apply to any judge of the district court, or justice of the peace, and shall make satisfactory proof that such black or mulatto person or persons is or are the property of him or her who applies, or for whom application is made, the said judge or justice is hereby empowered and required, by his precept, to Arrest by sher- direct the sheriff or constable to arrest such black iff or constable. Or mulatto person or persons, and deliver the same to the claimant or claimants, his or their agent or agents, for which service the sheriff or constable shall receive Compensation such compensation as they are entitled to receive in other cases for similar services. to officer. District attor cute. SEC. 7. That it shall be the duty of the district neys to prose attorneys, of the respective counties, to prosecute all violations of this act, when thereunto required, and Compensation. they shall be entitled to the same compensation in, the manner provided for in other cases of offence against the laws of this Territory. APPROVED, January 21, 1839. BOATS AND VESSELS. AN ACT to provide for the collection of demands against Boats and SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of lowa, That every Cases in which boat or vessel used in navigating the waters of this boats or vessels Territory shall be liable, First, For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel, on account of work done or services rendered on board of such boat or vessel, or on account of labor done or materials furnished by mechanical tradesmen or others in and for building, repairing, fitting out, furnishing, or equipping such boat or vessel. Second, For all sums due for wharfage or anchorage of such boat or vessel within this Territory. Third, For all demands or damages accruing from the non-performance or mal-performance of any contract of affreightment, or any contract touching the transportation of persons or property entered into by the master, owner, agent, or consignee of the boat or vessel on which such contract is to be performed. And, Fourth, For all injuries done to persons or property by such boat or vessel. shall be liable. SEC. 2. Any person having a demand as aforesaid, Suit may be instead of proceeding for the recovery thereof against instituted the master, owner, agent, or consignee of a boat or against boat, vessel, may, at his option, institute suit against such &c., by name. boat or vessel by name. SEC. 3. Any plaintiff, wishing to institute suit Complaint to against a boat or vessel, shall file his complaint against be filed with such boat or vessel, by name, with the clerk of the clerk of district district court of the county in which such boat or vessel may lie. court. SEC. 4. The complaint shall set forth the plaintiff's And to set demand in all its particulars, and on whose account forth particuthe same accrued. It shall be verified by the affi- lars of demand. davit of the plaintiff, or some credible person or Affidavit. persons for him, and shall stand in lieu of a declaration. SEC. 5. Whenever any complaint, as aforesaid, Warrant to shall be filed in the office of the clerk of the district issue. court, it shall be his duty to issue a warrant, return able as a summons, directing and authorizing the sheriff to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, together with its tackle, apparel, and furniture, until discharged from such custody by due course of law. SEC. 6. Upon the return of any warrant issued by district court. virtue of the preceding section, proceedings shall be had in the district court against the boat or vessel sued, in the same manner as if suit had been instituted against the person on whose account the demand accrued. Proceedings in The master, owner, &c., may plead to the action. Time and manner of SEC. 7. The master, owner, agent, or consignee of the boat or vessel may appear on behalf of such boat or vessel, and plead to the action. SEC. 8. The district court may by rule prescribe the time and manner of pleading, of exhibiting or pleading, &c. filing papers, or taking any needful step in any suit to be commenced under this act, when the time and manner are not prescribed by this law. Bond being plaintiff, boat or vessel to be discharged. SEC. 9. If the master, owner, agent, or consignee executed to the shall, before final judgment in any suit instituted by virtue of this act, give bond to the plaintiff with sufficient security to be approved of by the court, or the judge or clerk thereof in vacation, conditioned to satisfy the amount which shall be judged to be owing and due to the plaintiff in the determination of the suit, together with all costs accruing, such boat or vessel with the tackle, apparel, and furniture belonging thereto shall be discharged from further detention by the sheriff. Boat or vessel to be sold to satisfy judg ment and costs. If bond given, execution to issue against principal and security. Cases in which SEC. 10. If judgment shall be rendered against any boat or vessel in favor of the plaintiff, the court shall make an order directed to the sheriff commanding him to sell such boat or vessel, together with its tackle, apparel, and furniture, to satisfy the judgment and all costs that may have accrued in the cause, which order shall be executed and returned in the same manner as executions. SEC. 11. If bond and security shall have been entered into according to the provisions of the ninth section of this act, and judgment shall have been rendered in favor of the plaintiff, execution shall be issued for the amount of judgment and costs in favor of the plaintiff against the principal and security in such bond. SEC. 12. Justices of the peace within their respecjustices of the tive counties shall have cognizance of all cases arising under this act, wherein the demand claimed peace may shall not exceed the jurisdiction of a justice of the have cognipeace. zance. SEC. 13. In all their proceedings justices of the Proceedings peace shall conform to the provisions of the law before justice governing justices courts, and as near as may be to the provisions of this act as apply in the district court. of the peace. SEC. 14. Each warrant issued by a justice of the On return of peace under this act shall be returnable forthwith, warrant, jusand upon the return of such warrant it shall be the tice to hear duty of the justice of the peace to hear and deter- complaint. mine the complaint of the plaintiff in a summary manner. and determine SEC. 15. All warrants issued by this act shall be warrants to served and returned as writs of attachment are served be served, &c., and returned. as writs of attachment. Such part or SEC. 16. Whenever an order of sale shall be made for the sale of a boat or vessel, with its tackle, interest in boat apparel, and furniture, the sheriff or constable shall &c., to be sold have power to sell such part thereof, or such interest as will satisfy therein, as shall be necessary to satisfy the amount costs. of the judgment rendered in favor of the plaintiff, and all the costs that may have accrued. judgment and court may SEC. 17. Upon good and sufficient cause shown by on good cause the master, owner, agent, or consignee of any boat shown by masor vessel sued under this act, the court, or justice of ter, owner, &c., the peace, may grant continuance of the cause, but no such continuance shall operate as a discharge of ance. such boat or vessel from the custody of the sheriff Not to operate or constable. SEC. 18. No continuance of a cause under this act shall be granted to the plaintiff. grant continu as a discharge. No continuance to be granted to SEC. 19. Sheriffs, constables, and other officers, plaintiff shall receive the same fees and compensation fo Officers' fees. their services under this act as are allowed them in cases of suits of attachment. out writ of error. SEC. 20. In all cases arising under this act, if judg- Master, owner, ment shall have been rendered in favor of the plain- &c., may aptiff, the master, owner, agent, or consignee of the peal, or sue boat or vessel, or other person interested, may appeal from the judgment by giving bond and security in double the amount sued for, or sue out a writ of error as if they or either of them had been sued. SEC. 21. All actions against a boat or vessel, under Limitation of the provisions of this act, shall be commenced and actions. sued within one year after the cause of such action shall have accrued. To take effect and be in force from and after its passage. APPROVED, December 20, 1838. BONDS, &c. AN ACT in relation to Bonds and other securities. SEC. 1. Be it enacted by the Council and House of What instru- Representatives of the Territory of Iowa, That any ments shall be instrument under seal, fully and freely executed and deemed valid delivered, shall be deemed valid and binding, according to the fair intent and meaning thereof, in all cases not otherwise declared by express statute, unless the execution or delivery of such instrument shall have been obtained by fraud or for an unlawful purpose. and binding. Security may be by bond, unless other wise directed. SEC. 2. Where a statute requires security to be given for any purpose whatever, such security, unless otherwise directed, may be by bond, with sufficient sureties, made payable to the clerk of the district court of the county where the same shall be executed, for the use of the persons intended to be thereby secured, and shall be filed in the office of said clerk. SEC. 3. Where not otherwise provided, any person, for whose benefit or security a bond or other instrubreach of cove- ment shall have been executed, may, upon a breach of any of the covenants or conditions thereof, maintain an action at law to recover the damages he may have sustained in the premises. Action for damages on nant, &c. County com maintain ac SEC. 4. If such instrument shall have been intended missioner may for the security of the public in its corporate or political capacity, the county commissioners of the county where the same shall have been filed as aforesaid may maintain said action for the use of their county. tion. In what name action may be prosecuted. Clerk to fur nish certified copy of bond. Provisions of this act to be SEC. 5. In any of the above mentioned cases, the action may be prosecuted in the name of the person to whom the said bond shall have been made payable, and for the use of the actual party in interest. SEC. 6. The said clerk of the district court shall furnish a certified copy of said bond to any person applying therefor, upon his paying for such copy at the rate of twenty cents for every folio of one hundred words therein contained. SEC. 7. Although cases may present themselves wherein some particulars herein contained may be pursued as far contravened by statutory enactments, still in other respects, even under such circumstances, the above directions may as far as practicable be pursued. as practicable. Rights saved. SEC. 8. Nothing herein contained shall be construed to render invalid any instrument which would otherwise have been of binding efficacy, nor to prohibit |