Regulations

and restrictions.

years, from the passage of this act: Provided, That said ferry, when so established, shall be subject to the same regulations, and under the same restrictions, as other ferries are, or may hereafter be, by the laws of this Territory, fixing the rates of toll, and prescribing the manner in which licensed ferries shall be kept Rights saved. and regulated: Provided also, That nothing in this act shall be so construed as to interfere with the right that any individual may have to the lands on either side of said river.

Horse or steam ferry boat to be procured.

No ferry to be kept within half a mile.

SEC. 2. And be it further enacted, That said Leonard, Crary, Brown, and Swan, their heirs and assigns, shall, within two years from the passage of this act, procure for said ferry a good and sufficient horse or steam ferry boat, which shall be kept at said ferry for the transportation of all persons and their property across the said river, without delay; and until said ferry boat shall be provided as aforesaid, the said Leonard, Crary, Brown, and Swan, shall keep at said ferry a good and sufficient number of flat boats, with a sufficient number of hands to work the same, for the transportation of all persons and their property across said river, when passable, without delay.

SEC. 3. And be it further enacted, That no person shall be permitted to establish a ferry within one half mile, either above or below the ferry hereby established.

SEC. 4 This act to take effect and be in force from and after its passage.

APPROVED, January 21, 1839.

ville granted for fifteen years.

FERRIES.

AN ACT to authorize Francis P. Blevings to establish and keep a ferry across the Mississippi river, at the town of Nashville.

SEC. 1. Be it enacted by the Council and House of Ferry at Nash- Representatives of the Territory of Iowa, That Francis P. Blevings and Company, their heirs and assigns, be and they are hereby authorized to establish and keep a ferry across the Mississippi river, at the town of Nashville, in the county of Lee, for the term of fifteen years, from the passage of this act: Provided, That said ferry, when so established, shall be subject to the same regulations, and under the same restrictions, as other ferries are, or may hereafter be, by the

laws of this Territory, fixing the rates of toll, and prescribing the manner in which licensed ferries shall

be kept and regulated: Provided also, That this act Rights saved. shall not be so construed as to interfere with the

rights that any individual may have to the lands on either side of said river.

tain limits.

SEC. 2. No court, or board of county commission- No ferry to be ers, shall authorize any person or persons to keep a kept within cerferry within the limits of the town of Nashville, one mile above and one mile below said town: Provided, That the said Francis P. Blevings and Company, Conditions of their heirs and assigns, shall keep at said ferry a the grant. good and sufficient number of flat boats, with a sufficient number of hands to work the same, for the transportation of all persons and their property across said river, when passable, without delay; and

that the said Francis P. Blevings shall, at the expi- Penalty for not ration of five years, procure a good and sufficient procuring steam or horse ferry boat; and if no such steam or horse boat shall be procured at the end of five years, this act to be null and void.

APPROVED, January 21, 1839.

steam or horse boat.

FERRIES.

AN ACT to authorize Aaron White to keep a ferry across the Mississippi river, at the town of Fort Madison.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Aaron Ferry at Fort White, his heirs and assigns, be and they are hereby Madison. authorized to establish and keep a ferry across the Mississippi river, at the town of Fort Madison, commencing at the west line of the street west of Broadway, and extending up the Mississippi river two

miles, and that said White, his heirs and assigns, have Exclusive prithe exclusive privilege of ferrying within said limits vilege for for the term of twelve years.

twelve years.

put in opera

SEC. 2. Provided, however, That said ferry, when Steam or horse so established, shall be subject to the same restric- ferry boat to be tions and regulations as other ferries are, or may tion. hereafter be, by law in this Territory, fixing the rates of tolls, and prescribing the manner in which ferries shall be kept and attended to: And provided further, That the said White shall put in full and complete operation, at said ferry, a good steam or horse ferry

Rights saved.

boat, within the term of twelve months, from and after the passage of this act.

SEC. 3. Provided also, That nothing in this act shall be so construed as to interfere with the right that any individual may have to the lands on either side of said river.

APPROVED, January 25, 1839.

Madison.

Limits.

FERRIES.

AN ACT to establish a ferry across the Mississippi river, at Fort Madison.

SEC. 1. Be it enacted by the Council and House of Ferry at Fort Representatives of the Territory of Iowa, That Joseph Webster, his heirs and assigns, be and they are hereby authorized to establish and keep a ferry across the Mississippi river, at the town of Fort Madison, within the following limits, viz: commencing on the west side of the street below Elm street, and with the course of said river two miles down the same; and that the said Webster, his heirs and assigns, have the exclusive privilege of ferrying within the above limits for the term of ten years, from and after the passage of this act: Provided, That said ferry shall be subject to the same regulations and restrictions as other ferries are, or may be hereafter, by law in this Territory, fixing the rates of tolls, and prescribing the manner in which licensed ferries shall be kept.

Exclusive privilege for ten

years.

Horse or steam

kept.

SEC. 2. And be it further enacted, That the said ferry boat to be Joseph Webster, his heirs or assigns, shall keep, or cause to be kept, within the term of one year, at the place aforesaid, a good and sufficient boat or boats, to be propelled by horse or steam power, for the safe conveyance of persons and their property across said river, without delay; and until said steam or horse ferry boat shall be provided as aforesaid, there shall be kept at said ferry a good and sufficient flat boat or boats, with a sufficient number of hands to work the same, for the conveyance of all persons and their property across said river as aforesaid.

For any viola

SEC. 3. And be it further enacted, That should the tion of the act law regulating ferries in any way be violated, and to regulate fer- proof be made to the satisfaction of any court of competent jurisdiction, then the above charter, so violated, shall be declared void, and said ferry shall

ries, charter to be void.

thereafter be disposed of as other ferries are under the laws regulating ferries: Provided, That nothing in Rights saved. this act shall be so construed as to interfere with the right that any individual may have on either side of said river.

APPROVED, January 25, 1839.

FORCIBLE ENTRY AND DETAINER.

AN ACT to prevent forcible entry and detainer.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That no per- Fine for forcison or persons shall hereafter make any entry into ble entry. lands, tenements, or other possessions, but in cases where entry is given by law; and in such cases not with strong hand, nor with multitude of people, but only in a peaceable and easy manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine.

within the.

meaning of

SEC. 2. If any person shall enter upon or into any Forcible entry land, tenements, or other possessions, and detain and detainer and hold the same with force or strong hand, or with weapons, or breaking open the doors or windows, or this act. other part of a house, whether any person be in or not, or by threatening to kill, maim, or beat the party in possession, or by such words or actions ast have a natural tendency to excite fear, or apprehension of danger, or by putting out of door, or conveying away the goods of the party in possession, or by entering peaceably and then turning out by force, or frightening by threats or other circumstances of terror, or in any other way that would be a forcible entry or detainer at common law, the party out of possession, in such case every person so offending shall be deemed guilty of a forcible entry and detainer within the meaning of this act.

SEC. 3. That a justice of the peace shall have Authority to authority to enquire by jury, as hereafter directed, enquire byjury. as well against those who make unlawful and forcible entry into lands, tenements, or other possessions, and with strong hand detain the same, as against those who, having lawful and peaceable entry into lands, tenements, and other possessions, unlawfully and by force detain the same, and if it be found

Restitution.

Mode of pro

ceeding in ca

ses of forcible

entry and de

tainer.

upon such enquiry that an unlawful and forcible entry hath been made, and that the same lands, tenements, and other possessions are held and detained by force and strong hand, or that the same, after a lawful entry, are held unlawfully and with force and with strong hand, then such justice shall cause the party complaining to have restitution thereof.

SEC. 4. That when any complaint shall be formally made, in writing, to any justice of the peace of the proper county, signed by the party aggrieved, his agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and detained, by whom and when done, it shall be the duty of the said justice to issue his summons, directed to the sheriff or any constable of his county, commanding him to summon the person or persons, against whom the complaint is made, to appear before such justice, at a time and place to be stated in such summons, not more than twelve, nor less than six days from the time of issuing such summons, and which shall be served at least five days before the return day thereof, by reading the same to the defendant, or leaving a copy at his place of abode, and the said justice. shall also issue a precept to the sheriff, or any constable, commanding him to cause to come before him, the said justice, twelve discreet men of lawful age, and who shall be qualified to serve as jurors on trials in the district courts of the vicinity, at the same time and place appointed for the trial or hearing of the said complaint, and if a sufficient number of persons summoned do not appear, the said justice may order the sheriff or constable to complete the number by returning others forthwith, and the jury empaneled shall be sworn well and truly to try the forcible entry or detainer complained of, and to return a true verdict thereof. And if the jury, after a full hearing, find the person, against whom the complaint is made, guilty of the forcible entry or detainer complained of, they shall all sign their verdict, and deliver the same to the said justice, who shall thereupon enter judgment for the complainant to have restitution of the premises, and shall impose such fine, not exceeding fifty dollars, considering all the circumstances, as he may deem just, and shall tax the costs for the complainant, and may commit the person, against whom judgment is so entered, until the fine and costs be paid, and the said justice shall award a writ of restitution. But if the jury find