Right of entry

years.

SEC. 6. That no person, who now hath, or hereafter barred after 20 may have, any right of entry into any lands, tenements, or hereditaments, shall make an entry but within twenty years next after such right shall have accrued, and such person shall be barred from any entry afterwards.

Certain actions

within twenty years.

SEC. 7. That every real, possessory, ancestral, or to be brought mixed action, or writ of right, brought for the recovery of any lands, tenements, or hereditaments, shall be brought within twenty years next after the right or title thereto or cause of such action accrued, and not after: Provided, That in all the foregoing cases in this act mentioned, where the person or persons who shall have right of entry, title, or cause of action, is, are, or shall be at the time of such right of entry, title, or cause of action, under the age of twentyone years, insane, or beyond the limits of this Territory, or feme covert, such person or persons may make such entry, or institute such action, so that the same may be done within such time as is within the different sections of this act limited, after his or her becoming of full age, sane, feme sole, or coming within this Territory.

Absence not to

certain cases.

SEC. 8. That if any person or persons against whom be accounted in there is, or shall be, any cause of action, as is specified in the preceding sections of this act, except real or possessory actions, shall be out of this Territory at the time of the cause of such action accruing, or any time during which a suit might be sustained on such cause of action, then the person or persons, who shall be entitled to such action, shall be at liberty to bring the same against such person or persons after his, her, or their return to this Territory, and the time of such person's absence shall not be accounted or taken as a part of the time limited by this act.

Effect of rever

&c.

SEC. 9. That if in any of the said actions, specified sal of judgment in any of the preceding sections of this act, judgon writ of error, ment be given for the plaintiff, and the same be reversed by a writ of error, or upon appeal, unless a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or if the plaintiff be non-suited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors, or administrators, as the case shall require, may commence a

new action, within one year after such judgment is reversed, or given against the plaintiff, and not after. APPROVED, January 25, 1839.

MECHANICS.

AN ACT relative to Mechanics' liens, and for other purposes.

labor.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That in all Lien on buildcases hereafter, where any contract shall be made ing and lot for between the proprietor or proprietors of any tract of materials and land or town lot on the one part, and any person or persons on the other part, for the erecting or repairing any house, or other building, mill or machinery of any description whatever, or their appurtenances, or for furnishing labor or materials for the purposes aforesaid, and every other person who may have furnished materials which may have been used in the construction of such house, building or mill, by special agreement, the person or persons who shall, in pursuance of such contract, have furnished labor or materials for such purpose, or who shall have furnished such materials as aforesaid, shall respectively have a lien, to secure the payment of the same, upon such house, or other building, mill, or machinery, and on the lot or tract of land on which the same shall be erected.

SEC. 2. When any person or persons shall wish to when action to avail himself, herself, or themselves, of the benefit of be commenced. such lien, he, she, or they shall commence his, her, or their action in any court having jurisdiction of the same, within six months from the time payment should have been made, by virtue of any such contract by which such lien shall have been claimed.

And if such suit be commenced in the district court, Bill or petition it shall be by bill or petition, describing, with com- to be filed. mon certainty, the tract of land, town lot, building, mill, or machinery, upon which said lien is intended

to be made to operate, and also the nature of the

contract or indebtedness, with a bill of particulars of Particulars of his account; which bill or petition shall be filed in the account, the clerk's office of the proper county, and docketed by the clerk on the common law appearance docket. The courts, trying such causes, shall be governed by the same rules of evidence that are now observed in

Special execution to be

issued.

of the peace

under this act.

suits at law, and give judgment according to the justice and equity of the case.

SEC. 3. The clerk of the court, when judgment has been had under the provisions of this act, on application, shall issue a special execution, directed to the sheriff of the proper county, describing the property upon which said lien is made to operate, and out of which said judgment and costs are to be collected, or so much thereof as said property will bring; and no other property of the said defendant, in any suit as aforesaid, shall be bound for the payment of such judgment, unless the claimant shall hold collateral security for the payment of the same.

Proceedings SEC. 4. Any person or persons, wishing to avail before a justice himself, herself, or themselves, of the benefit of the lien under this act, by suit before a justice of the peace, shall, upon the commencement of such suit, file an account setting forth, with common certainty, the property upon which said lien is intended to be made to operate, and whether it is for work and labor done, or materials furnished; and upon the trial of said cause, the justice of the peace, trying the same, shall hear the proof, and if it shall appear that the defendant in such cause is indebted to the plaintiff, he shall give judgment for the amount so due, and, on application of the plaintiff, said justice of the peace shall give a transcript of the judgment, and certify the same to be for work and labor done, or materials furnished (as the case may be), and also a description of the property subject to such lien; which transcript and certificate shall be filed in the clerk's office of the proper county in which said judgment shall have been rendered, and, when filed, it shall have the same effect as a judgment of the district court, and execution shall issue in the same manner, and have the same effect, as an execution issued upon a judgment rendered in the district court under this act: Provided, That either of the parties, in such suit, shall have the same right to appeal that is, or hereafter may be, allowed from the judgment of justices of the peace in other cases.

Right of ap

peal.

Benefit of the

persons em

SEC. 5. And it is further provided by this act, act extended to that when any person is employed to work on mineral ground, where mineral is found, he shall have all the benefit of this act, and shall have a lien on a sufficient quantity of mineral, on the lot where he may be employed, to pay him for any just demand

ployed on mineral ground.

which he may have, in consequence of labor that he may have performed on the same.

SEC. 6. All acts, and parts of acts, coming within Repealing the purview of this act, are hereby repealed. This clause. act to take effect from and after its passage. APPROVED, December 17, 1838.

MILITIA.

AN ACT to organize, discipline, and govern the Militia of this Territory.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That imme-Militia how to diately after the passage of this act, the militia of be arranged. this territory shall be arranged into divisions, brigades, regiments, battalions, and companies. It shall consist of infantry or district companies, light infantry, riflemen, artillery men, and dragoons or mounted riflemen. There shall be three divisions, Divisions. as follows, viz: The counties of Lee, Van Buren, Jefferson, Henry, and Des Moines, shall form the first division. The counties of Louisa, Slaughter, Keokuck, Johnson, Linn, Cedar, Scott, and Muscatine, shall form the second division. And the counties of Clinton, Jones, Jackson, Du Buque, Clayton, Delaware, Fayette, Buchanan, and Benton, shall form the third division. A division shall consist of not less than two, nor more than three brigades; a brigade shall consist of not less than two, nor more than five regiments; a regiment shall consist of not less than five, nor more than ten companies, two of which shall be light infantry or riflemen; each company shall consist of not less than thirty, nor more than one hundred men, exclusive of commissioned officers.

talions.

SEC. 2. That whenever a county or district of Detached discountry is distant, or so detached that in the opinion tricts may form of the Governor it would be inconvenient for the separate batpersons residing therein to belong to an organized regiment, they shall be organized as a separate battalion, under the command of a major, and be subject to the same rules and regulations in all respects that regiments are subject to.

SEC. 3. That to a division there shall be one Officers. major-general; to a brigade one brigadier-general; to a regiment one colonel, one lieutenant-colonel,

Gov. & Coun

and one major; to a company of infantry, light infantry, and riflemen, there shall be one captain, one first lieutenant, and one second lieutenant; to a company of artillery men, and dragoon or mounted riflemen, there shall be one captain, one first lieutenant, one second lieutenant, and one third lieutenant. All commissioned officers (except those of the light infantry and rifle corps), and staff officers, shall be clothed, armed, and accoutred as the commander-in-chief may direct.

SEC. 4. That the Governor, with the advice and cil to appoint consent of the Legislative Council, shall appoint and commission all the officers provided for in the preceding section.

them.

Aids.

eral, &c.

SEC. 5. That the commander-in-chief may appoint, during his pleasure, four aids, with the rank of colonel; a major-general may appoint, during his pleasure, two aids, with the rank of major; a brigadier general may appoint, during his pleasure, one Adjutant Gen aid, with the rank of captain. The Governor shall appoint and commission one adjutant general, one commissary general, and one quarter-master general, each with the rank of brigadier general, and to each brigade a brigade inspector, with the rank of major. Appointments The commandant of each regiment, and separate in each regt. battalion, shall appoint, during his pleasure, one adjutant, one quarter-master, and one pay-master, each with the rank of lieutenant, also one surgeon, and one surgeon's mate, one drum major, one fife major, and one sergeant major. The captain or commanding officer of each company shall appoint, during his pleasure, four sergeants, one of whom shall be clerk of the company, four corporals, and two musicians.

Who shall be enrolled.

Divisions and

diminished.

SEC. 6. That the captain or commanding officer of each infantry or district company shall, by his clerk, enroll all free white male persons, between the ages of eighteen and forty-five years, residing, or from time to time coming to reside, within the bounds of his beat or company district, except such as are hereinafter excepted.

SEC. 7. That the commander-in-chief shall have brigades may power and authority to increase or diminish the be increased or number of divisions and brigades, and to alter and arrange the boundaries thereof, and to divide, annex, and consolidate them as he may from time to time deem necessary, having regard however to the provisions of the first section of this act. And in like