any course of proceeding which would have been BURLINGTON. AN ACT to improve the Police of the City of Burlington. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the regu- Constables to larly elected or appointed constables, residing within be always vigithe corporate limits of the city of Burlington, shall lant. at all times be vigilant in maintaining or preserving Shall aid the the peace, order, and quiet of said city, and shall aid mayor in mainand assist the mayor of said city to maintain and taining peace. preserve the same, subject to punishment for omission of duty as for a misdemeanor. Omission of duty, a misdemeanor. SEC. 2. The mayor and aldermen shall allow such Compensation constables, for their services, such compensation out for services to of the funds of said city treasury as shall be suitable be suitable and and proper. proper. SEC. 3. It shall be lawful for the mayor and alder- Unpaid taxes, men, at any of their sessions, to direct the recorder of said city to make out a list of all the tax due and unpaid in any particular year, and add and transfer To be added the same to the tax roll for the succeeding year; and and transferred it is hereby made the duty of the marshal to collect from one year the same in the manner as other taxes are now col- Duty of city lected, agreeably to the act entitled "An act to in- marshal. corporate the city of Burlington," approved January nineteenth, one thousand eight hundred and thirtyeight. APPROVED, January 24, 1839. to another. CONSTABLES. AN ACT for the Election of Constables, and defining their duties. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Election of shall be elected, at each annual election in each or- constables to be annual. ganized county in this Territory, a number of con- Their number stables equal to the number of magistrates appointed in each counin each county in this Territory, who shall continue ty. in office one year and until their successors are Proviso. Oath to be taken by constable. elected and duly qualified: Provided, that if a vacancy shall happen. the county commissioners may fill such vacancy by appointment. SEC. 2. Every constable, before he enters upon the discharge of the duties of his said office, shall take the following oath or affirmation: "I do solemnly swear (or affirm as the case may be) that I will faithfully discharge the duties of constable within the county of according to the best of my abilities, and that I will well and truly pay over to the proper person all monies which may come into my hands as such constable," which oath or affirmation shall be Before whom taken before any clerk or judge of the district court, or before a justice of the peace of said county, and the person administering such oath shall make out a Certificate of certificate thereof and cause it to be filed in the oath to be filed. Office of the clerk of the board of county commissioners of the proper county. taken. Constable's bond. SEC. 3. It shall be the duty of every constable previous to taking the oath aforesaid to execute to the acceptance of the board of county commissioners Kind of securi- a bond with good and sufficient freehold security ty. Penal sum. Bond to be filed. For whose benefit. May be put in suit from time to time. Constable failing to give bond and qualify within twenty days, office to be va cated. How such vacancy to be filled. payable to the county treasurer, and his successors in office in the penal sum of five hundred dollars conditioned for the faithful performance and discharge of the duties of his office as constable, and for the safe keeping and paying over, according to law, to the proper person all sums of money that may come into his hands by virtue of his said office, which bond shall be filed by the clerk of the board of county commissioners as aforesaid, for the benefit of each and every person, or persons, bodies politic or corporate, who may sustain injury by reason of the official conduct of such constable, which bond shall not be void on the first vacancy, but may be put in suit from time to time, at the instance, and for the benefit of any party injured, as often as the condition thereof may be broken. SEC. 4. If any constable shall not within twenty days after receiving his certificate of election take the oath, and give bond as aforesaid, the said constable shall not be permitted after that time to be qualified or to take his said office, but the said office shall be considered as vacant, and shall be filled by the board of county commissioners as in this act provided. Duties of con- SEC. 5. It shall be the duty of every constable to apprehend and bring to justice all felons and dis stables. turbers of the peace; to suppress all riots and unlawful assemblies and in other respects to keep the peace in the county wherein he shall have been elected, and also to serve and execute all warrants, writs, precepts and other process to him lawfully directed and in all respects to do and perform all things appertaining to the office of constable within this Territory. APPROVED, January 24th, 1839. CONSTRUCTION OF STATUTES. AN ACT concerning the Construction of Statutes. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all laws Laws to be shall be promulgated by being printed and published printed and under the authority of the governor and legislative published by assembly in such manner as they shall direct. authority. SEC. 2. All acts of incorporation shall be deemed Acts of incorpublic acts and as such may be declared on, and poration. given in evidence, without specially pleading the Pleadings and same. evidence. Statutes to take same time, Territory, SEC. 3. Every statute shall take effect at the same effect at the time throughout the Territory. SEC. 4. Every statute, which does not expressly throughout the prescribe the time when it shall go into operation, And in 30 days shall take effect on the thirtieth day next after the after their apday on which it shall have been approved by the proval, unless governor, or otherwise passed and approved con- otherwise preformably to the provisions of the constitution. scribed. SEC. 5. In the construction of all statutes the fol Rules for the lowing rules shall be observed, unless such construc- construction of tion would be inconsistent with the manifest intent statutes. of the legislature, or repugnant to the context of the same statute; that is to say Intent of the First. All words and phrases shall be construed Approved and understood according to the connection and usage. approved usage of the language, but technical words Technical and phrases and such others as may have acquired a phrases. peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar Construction. and appropriate meaning. Second. Every word importing the singular number Number. only, may extend and be applied to several persons Persons. or things as well as to one person or thing, and every Things. Gender. Joint authori ty. Grantor, how construed. Grantee. Highway, how construed. Inhabitant, who is meant. Insane person, who may be included. Issue, who it includes. Lands, what is included. Month and year, construction of. Oath and affirmation. word importing the plural number only, may extend and be applied to one person or thing, as well as to several persons or things, and every word importing the masculine gender only, may extend and be applied to females as well as males. Third. All words purporting to give a joint authority to three or more public officers, or other persons, shall be construed as giving such authority to a majority of such officers, or other persons unless it shall be otherwise expressly declared in the law giving the authority. Fourth. The word "grantor" may be construed as including every person from or by whom, any freehold estate or interest passes in or by any deed, and the word grantee as including every person to whom any such estate, or interest, passes in like manner. Fifth. The word "highway" may be construed to include county bridges, and it shall be equivalent to the words "county way," "county road," "common road" and "territorial road." Sixth. The word "inhabitant" may be construed to mean a resident in any city or town. Seventh. The words "insane person" shall be construed to include every idiot, non-compos, lunatic and distracted person. Eighth. The word "issue," as applied to the descent of estates shall be construed to include all the lawful lineal descendants of the ancestor. Ninth. The words "land" or "lands," and the words "real estate," shall be construed to include lands, tenements and hereditaments, and all rights thereto, and interest therein. Tenth. The word "month" shall be construed to mean a calender month, unless otherwise expressed and the word "year" alone shall be equivalent to the expression "year of our Lord." Eleventh. The word "oath" shall be construed to include affirmations in all cases, where, by law, an affirmation may be substituted for an oath; and in Sworn and af- like cases the word "sworn" shall be construed to firm. include the word "affirm." Corporations Twelfth. The word "person" may extend and be and individu- applied to bodies politic and corporate as well as to als. Seal of court or office. individuals. Thirteenth. In all cases, in which the seal of any court, or public office, shall be required by law to be affixed to any paper issuing from such court, or office, Impression of the word "seal" shall be construed to include an seal. impression of such official seal made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. of Columbia, Fourteenth. The word "State" when applied to the State, United different parts of the United States shall be construed States, District to extend to, and include the District of Columbia, and territories. and the several Territories so called; and the words "United States" shall be construed to include the said District and Territories. Fifteenth. The word "town" may be construed to Towns, cities include all cities and districts unless such construc- and districts. Exception. tion would be repugnant to the provisions of any act specially relating to such cities or districts. Sixteenth. The term "will" shall be construed to Will to include include codicils as well as wills. codicil. Seventeenth. The words "written " and " in writing" Writing to inmay be construed to include printing, engraving, clude printing, lithography and any other mode of representing words engraving, &c. and letters. tures. Provided, however, That in all cases where the Proviso, with written signature of any person is required by law it regard to signashall be the proper hand writing of such person, or, in case he is unable to write, his proper mark. APPROVED, January 19, 1839. COSTS AND FEES. AN ACT to provide for the Compensation of Judges of Probate. ces as to clerks SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the sev- Same fees for eral judges of probate in this Territory, for all services certain servirequired to be performed by them by the existing of district court laws of this Territory, and not provided for in the in like cases. "act concerning costs and fees," be allowed the same fees that are allowed to the clerks of the district courts for similar services. APPROVED, January 21, 1839. COSTS AND FEES. AN ACT concerning Costs and Fees. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That in all Costs to follow civil cases at law, unless otherwise provided, the party judgment in all civil cases not |