Bystanders.

Their qualifi

cations, and

Grand and pet

if on any account the whole panel in either case shall fail to attend, the court may order the sheriff, or other officer, to summon from the bystanders, being qualified persons as aforesaid, a sufficient number to supply such deficiency who shall continue to serve for the remainder of the term, unless term of service. they shall be sooner discharged by the court. SEC. 11. Every person who shall fail to appear when lawfully summoned as a grand or petit juror, as aforesaid, without having a reasonable excuse, shall be considered as being guilty of a contempt, and shall be fined by the court in any sum not exceeding twenty dollars, for the use of the proper county, unless good cause be shown for such default at or before the next term of said court, and it shall be the Duty of clerk. duty of the clerk to issue a summons against such

it jurors.

Fine for nonattendance.

Proviso.

Death or sick

delinquent, when such person shall not come in without process, to show cause at the next succeeding term of said court why he or they should not be fined for such contempt: Provided, That the oath or affirmation of any such delinquent shall, at all times, be received as competent evidence in his favor.

SEC. 12. In case of the death, sickness, or nonness of jurors attendance of any grand or petit juror, after he shall provided for. have been sworn upon the jury, or where any such juror, being sworn as aforesaid, shall, for any reasonable cause, be dismissed, or discharged, it shall be lawful for the court to cause others, if necessary, to be summoned and sworn in his or their stead.

Duty of clerk. Certificate of service, to contain number of days and amount.

SEC. 13. It shall be the duty of the clerk of the district court, at the end of each term of said court, or within ten days thereafter, to make out a certificate to each juror, certifying the number of days and amount of compensation due to each juror, which To whom pre- certificate shall be presented to the board of county sented, and by commissioners, and allowed as other demands against said county: Provided, That no juror shall be paid out of the county treasury for any days attendance as a juror, in the district court of the Territory, for which he may have received, or may be entitled to receive, pay as a juror of the district court of the United States.

whom allowed.

Proviso.

Jurors privileg

SEC. 14. All grand and petit jurors shall be priviled from arrest. eged from arrest, in all cases, except for breach of Exceptions. the peace, treason, felony, and other criminal offences, during their attendance at said court, going

to, and returning from, the same, and all arrests in Arrest of jursuch cases shall be deemed as illegal and void.

ors void.

SEC. 15. It shall be the duty of the board of county Duty of county commissioners to arrange and select the grand and commissioners. petit jurors, as aforesaid, in such manner as to make the qualified persons of the county perform duties as

jurors, as nearly as may be, in rotation, and so that Rotation in the the same may not be unnecessarily burdensome to selection of juany of the citizens of the county according to the rors. best information that the said commissioners can

obtain.

APPROVED, January 4, 1839.

JUSTICES OF THE PEACE.

AN ACT to make valid and good in law the acts of Robert G. Roberts, done and performed by him as a justice of the peace, in and for the original county of Du Buque, in the Territory of Wisconsin, now the Territory of lowa.

in November,

1836

WHEREAS, Robert G. Roberts, a citizen of the R. G. Roberts county of Du Buque, late Wisconsin, now Iowa Ter- commissioned ritory, was in the month of November, in the year of our Lord one thousand eight hundred and thirty-six, duly commissioned, and, in the month of February of the same year, sworn and qualified to act as a justice of the peace, according to the requirements of the law in such case made and provided, except that the bond of the said Robert G. Roberts was not, agreeably to law, filed in the proper office, by the neglect of which requirement doubts have been made Neglected to as to the validity and virtue of all the official acts done file his bond. and performed by the said Robert G. Roberts, in pursuance of his commission aforesaid, in and for the county aforesaid: And whereas, it is highly important that his said acts should be declared and rendered legal and valid: Therefore,

valid.

Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all and every Official acts of the official acts and doings of the said Robert G. said R. G. RobRoberts, done and performed by him, by virtue of erts declared his commission of justice of the peace, in and for the county of Du Buque aforesaid, during the time. he held the same, and performed the duties thereof, be and the same are hereby declared to be as good and valid, in law, as if the said bond had been properly filed according to the requirements of the law in

Rights of ap

affected.

such cases made and provided: Provided, nevertheless, That nothing in this act contained shall be so peal, &c., not construed as to affect the rights of appeal, or such other rights and privileges as are by the laws of this Territory, regulating proceedings had before justices of the peace, extended to the parties interested therein.

APPROVED, December 14, 1838.

in the States to

the courts of

Iowa.

JUSTICES OF THE PEACE.

AN ACT to prescribe the mode of proving, in courts of this Territory, judgments rendered by justices of the peace in the several States.

SEC. 1. Be it enacted by the Council and House of Official certifi- Representatives of the Territory of Iowa, That the ofcates of justices ficial certificate of any justice of the peace, living in be evidence in any State in the United States, certifying any judgment by such justice rendered, with a certificate thereon, sealed by the clerk of the county, with the county seal, where such justice shall reside, certifying that he, whose signature appears on such exemplifications, was, at the date of such judgment, a justice of the peace, and qualified to act as such, shall be good and legal evidence, in any court in this Territory, to prove the facts contained in such exemplifications, and nothing more.

APPROVED, January 15, 1839.

Number of justices and

term of service.

Who disqualified.

Oath of office.

JUSTICES OF THE PEACE.

AN ACT to provide for the appointing of Justices of the Peace, to prescribe their powers and duties, and to regulate their proceedings.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, as follows: There shall be appointed in each of the organized counties of this Territory as many justices of the peace as, in the opinion of the Governor, the public good and the wants of the people may require, and whose term of service shall continue three years, unless sooner removed by the Governor.

SEC. 2. No clerk of the District Court shall hold or exercise the office of justice of the peace.

SEC. 3. Every justice of the peace shall, within twenty days after the receipt of his commission, take

and subscribe an oath to support the Constitution of the United States and the laws of this Territory, and to administer equal justice to the poor and the rich, and to faithfully demean himself in office; which oath shall be endorsed on the back of his commission, shall be recorded in the office of the Clerk of the District Court, and in case of his failing so to do, it shall be deemed a refusal of such appointment. And To enter into. each and every justice of the peace of this Territory bond. shall, at the time of filing his oath of office with the clerk of the District Court, enter into bond with good security to the county commissioners, in the county where he resides, in the sum of five hundred dollars, conditioned that he will faithfully pay over all moneys that may come into his hands on judgments, notes, bills or accounts, and on failure so to do, the party aggrieved may by motion before the District Court where such bond is filed, have judgment for principal with costs and ten per centum interest until paid.

SEC. 4. Any person who shall act as a justice in Penalty for violation of the preceding section shall, on conviction violating 3d thereof by indictment, be fined in a sum not exceed-section. ing five hundred dollars, and his acts shall be null and

void.

SEC. 5. No person shall be appointed to the office Who incapaof justice of the peace who is not a citizen of the ble. United States, and who shall not have been an inhabitant of this Territory twelve months, and of the county for which he is appointed six months before his appointment.

SEC. 6. When a county shall be divided, any justice Division of of the peace of the original county, who shall fall counties. into the new county, shall continue to discharge the duties of justice of the peace in such new county, until his commission expire, as if the county had not been divided,

SEC. 7. Justices of the peace shall have power and Jurisdiction jurisdiction throughout their respective counties as and powers of follows:

First Jointly and severally to cause to be kept all laws made for the preservation of the peace.

justices.

Second-To cause to come before them or any Breach of the of them, persons who shall break the peace, and peace commit them to jail; or bail them as the case may require.

Third-To arrest and cause to come before them Arrest and sepersons who attempt to break the peace or who are curity.

Commitment.

Recog. certified to district court.

Contempt.

Subpoenas.

Resignation or

removal of jus tice; docket,

&c., to whom delivered.

Jurisdiction and holding

courts.

Actions.

Limitation, $50

Trespass.

not of good fame, and compel them to give security for their good behavior to keep the peace, or both.

SEC. 8. If such persons refuse or neglect to give security, they shall be committed, until they find the

same.

SEC. 9. Every recognizance so taken for the keeping of the peace, or for good behavior, or for both, shall be certified to the next District Court of the county.

SEC. 10. In the following cases, and no others, a justice of the peace may punish for contempt persons guilty of the following acts:

First Disorderly, contemptuous, insolent behavior towards such justice, while engaged in the trial of a cause, or in rendering judgment, or in any judicial proceedings, which shall tend to interrupt such proceeding or to impair the respect due to his authority.

SEC. 11. Justices of the peace are empowered to grant subpoenas for witnesses, in all matters submitted to referees and arbitrators, and in all cases where it may be necessary for taking depositions.

SEC 12. Whenever a justice of the peace shall resign, move out of the county, or be otherwise disqualified, he shall immediately thereafter deliver to the next nearest justice of the peace in the same county, all dockets, records, books, papers and documents, appertaining to his office, or relating to any suit, matter or controversy committed to him in his official capacity, he taking a receipt therefor.

ARTICLE II.

Of the jurisdiction of Justices of the Peace and authorizing them to hold a Court.

SEC. 1. Every justice of the peace is authorized to hold a court, for the trial of all actions, in the following section enumerated, and to hear, try and determine the same, according to law and equity.

SEC. 2. First-Of all actions of debt, covenant and assumpsit, and all other actions founded on contract, where the debt or balance due or damages claimed, exclusive of interest, shall not exceed fifty dollars.

Second-Actions of trespass and trespass on the case, for injuries to persons or to real or personal property, wherein the damage claimed shall not exceed fifty dollars.