writ. Its ob ject, service Application for as aforesaid what lands may be thereby overflowed and what damage will be sustained by the owner or owners of such lands, and whether the health of the neighborhood will be affected by such overflowing; which writ shall be issued, directed, and returned, as before prescribed. and return. Inquest and evidence. SEC. 6. If on such inquest, or other evidence, it shall appear to the court that the dwelling house of any proprietor, or any out-house, garden, or orchard, will be overflowed or the health of the neighborhood impaired, they shall not give leave to erect such Discretion of dam; otherwise if the said court shall judge it reasonable, and for the public benefit, they may give leave, and lay the party applying under such regulations and restrictions in respect to the navigation of such stream as they shall judge proper. the court. Regulations and restrictions Acquisition of title. Limitations. SEC. 7. If the party applying obtain leave to build and character the said dam, he shall, on paying the proprietors of the lands located, and the damages assessed by the jury as aforesaid, become seized in fee of the lands so located, to him, his heirs, and assigns. But if he shall not, within one year thereafter, begin to build. the said mill and finish it in three years, and afterwards keep it in good repair, for the accommodation of the public, or in case the said mill or dam_be destroyed, shall not begin to rebuild in one year after its destruction, and finish it in three years, the said land shall revert to the former owner and his heirs, unless at the time of such destruction, the owner of such mill be an infant, or otherwise disabled in law, in which case the same time shall be allowed after such disability is removed. When title to revert. Exception. Operation of damages. SEC. 8. The inquest of the jury aforesaid, or the this act, as to opinion of the court, shall not bar any prosecution or action which would otherwise be maintained in law had this act never been passed, other than for such injuries as were foreseen and estimated by the jury. Non-compliance and Forfeiture. What consti SEC. 9. Any person having obtained leave to erect any dam and mill as aforesaid, who shall neglect to finish the same within the time aforesaid, or having erected such mill shall fail to keep it in repair and running for the accommodation of the public, for the space aforesaid, at any one time, shall forfeit all rights acquired by virtue of this act, or any act of this Territory. SEC. 10. All mills now in operation, or which may tutes a public hereafter be put in operation, in this Territory, for mill. grinding wheat, rye, corn, or other grain, and which shall grind for toll, shall be deemed public mills. ter mills. SEC. 11. The owner or occupier of every public Regulations of mill, within this Territory, shall grind the grain steam and wabrought to his mill as well as the nature and condition of his mill will permit, and in due turn as the same shall be brought, and may take for the toll, if Rates of toll. a water mill, or steam mill, for grinding and bolting wheat, or rye, one-eighth part; for grinding Indian corn, oats, barley, and buckwheat, not required to be bolted, one-seventh part; for grinding malt and chopping all kinds of grain, one eighth part: For an ox Ox, or horse or a horse mill, for all kinds of grain, one-fourth part: mills, rates of Provided, If the owner of any such grain, ground at an ox or horse mill, shall furnish team to grind the same, with the consent of the owner or occupier of such mill, the same toll shall be taken as is allowed for a water or steam mill, and no more. toll. SEC. 12. It shall be the duty of each and every Duty of millers. owner and occupier of every public mill, to give due and punctual attention when his mill shall not be out of repair, and to aid and assist in loading and unloading all grain which shall be brought to him Measure and to be ground. And he shall keep, in his mill, an toll dishes. accurate half-bushel measure, and an accurate set of toll dishes, and for a failure to perform any of the duties required by this act, every owner or occupier of a public mill shall forfeit and pay the sum of five Forfeiture. dollars, to the use of any person who will sue for the same, as an action of debt in any court having cognizance thereof. SEC. 13. Every owner or occupier of a public mill Safe keeping as aforesaid, shall be accountable for the safe keep- of grain, &c. ing of all grain received in his mill, for the purpose grain or flour. Bags, &c., of being ground, with the bags or casks containing Bags and casks the same, and shall, when required, deliver the same, Delivery of or the flour or meal thereof, to the owner, or his or her agent or servant, with the bags or casks in which marked. the same was received: Provided, That such miller shall not be accountable for any bags or casks unless the same be distinctly marked with the initial letters of the owner's name, nor for the loss of grain bags Accidents. or casks, which happen by unavoidable accidents. SEC. 14. If any miller, or the occupier of any mill, Taking unlawshall take a greater proportionate quantity of toll ful toll, &c. than is allowed by this act, or shall not sufficiently grind, or grind and bolt, as the case may be, agreeably to the capacity of his mill, and in due turn, as Forfeiture. This act, when the same may have been brought; any miller so offending, shall forfeit and pay the sum of five dollars as before directed. SEC. 15. This act to be in force from and after the to take effect. first day of May next. APPROVED, January 25, 1839. MINORS, ORPHANS, AND GUARDIANS. AN ACT concerning Minors, Orphans, and Guardians. SEC. 1. Be it enacted by the Council and House of Orphan minors Representatives of the Territory of Iowa, That the may choose guardians. Neglecting to court to appoint. courts of probate, in their respective counties, shall admit orphans, minors above the age of fourteen years, the father being dead, to make choice of guardians, and appoint guardians for such as are under the age of fourteen years, in all cases where such minor shall be possessed of, or entitled to, real or personal estate. SEC. 2. Whenever it shall be represented to said do so, probate court that any orphan minor, above the age of fourteen years, has not a guardian, it shall be the duty of said court to issue a notification to such minor to appear before the said court, at a time therein specified, and choose a guardian; and if such minor shall neglect or refuse to appear, or, on appearing, shall neglect to choose a guardian, the court shall appoint one for such minor, as if said minor were under the age of fourteen years. In what case be appointed guardian. SEC. 3. Where a minor, having a father living, the father may shall be entitled to, or possessed of any estate, real or personal, not derived from his or her father, the said court of probate shall notify the father to appear and show cause why a guardian for such minor should not be appointed; if sufficient reason be not shown, may appoint the father, if he be a proper person, if not, then such other person as the minor, if of the age of fourteen years, may choose; if such minor neglect or refuse, or be not of sufficient age to choose a guardian, the court shall appoint some fit person to be guardian for such minor. And when any person is appointed guardian, other than the father, he shall have the charge and management of the estate, but no control over the person of the minor. SEC. 4. If the father of a minor be insane, or be Insanity or inincapable from want of understanding to take care of capacity of the and provide for such minor, the court of probate shall father. appoint a guardian as though such father were dead, such insanity or incapacity to be ascertained by inquest, in the district court, as in other cases. SEC. 5. Guardians, by virtue of their office as such, Guardians to shall be allowed, in all cases, to prosecute and de- prosecute, &c., fend for their wards. for their wards. dian. SEC. 6. The court of probate shall take, of each Bond to be exguardian appointed under this act, bond with good ecuted by guarsecurity, in a sum double the amount of the minor's estate, real and personal, conditioned as follows: "The condition of this obligation is such, that if the Condition. above bound A. B. who has been appointed guardian for C. D. shall faithfully discharge the office and trust of such guardian according to law, and shall render a fair and just account of his said guardianship to the court of probate for the county of from time to time, as he shall thereto be required by said court, and comply with all orders of said court, lawfully made, relative to the goods, chattels, and moneys of such minor, and render and pay to such minor all moneys, goods, and chattels, title papers, and effects, which may come to the hands or possession of such guardian, belonging to such minor, when such minor shall thereto be entitled, or to any subsequent guardian, should such court so direct, this obligation shall be void, or otherwise to remain in full force and virtue:" which bond shall be taken to the people of the Territory of Iowa, for the use of such minor, and shall not become void upon the first recovery, but may be put in suit from time to time against all, or any one or more of the obligors, in the name, and to the use and benefit, of any person entitled by a breach thereof, until the whole penalty shall be recovered thereon. give additional SEC. 7. Courts of probate shall have power in their Guardians to respective counties, with or without previous com-render their plaint, by an order duly made and served, to oblige accounts, and all guardians of minors, from time to time, to render security, when their respective accounts, upon oath, touching their required. guardianships, to said courts for adjustment; and shall have power to compel such guardian to give supplementary security, whenever it shall judge proper, and in default thereof to remove such guardian. Probate court may remove guardians. Powers of guar dians. Education of ward. District court SEC. 8. The court of probate, in all cases, shall have power to remove guardians for good and sufficient reasons, which shall be entered on record, and to appoint others in their place, or in the place of those who may die, who shall give bond and security for the faithful discharge of their duties as heretofore prescribed in this act; and when any guardian shall be removed, or die, and a successor be appointed, the court shall have power to compel such guardian to deliver up to such successor all goods, chattels, moneys, title papers, or other effects, belonging to such minor, which may be in the possession of such guardian so removed, or of the executors or administrators of a deceased guardian, or of any other person or persons who may have the same, and upon failure, to commit the party offending to prison, until he, she, or they comply with the order of the court. SEC. 9. Guardians shall have power to demand, sue for, and receive all moneys belonging to their wards, from executors and administrators, as soon as the same may be collected, or of any other person or persons in whose hands or possession the same may be: and it shall moreover be their duty to put to interest the moneys of their wards, upon mortgage security, to be approved of by the court; which letting shall always be for one year, and at the end of each year the interest shall be added to, and made part of the principal. And said guardians shall also have power to lease the real estate of the ward, upon such terms, and for such length of time, as the court of probate may direct: Provided, That such leasing shall never be for a longer time than during the minority of the ward; and the minority of females shall cease at the age of eighteen years. SEC. 10. The guardian shall have power, under the direction of the court of probate, to superintend the education and nurture of the ward; and, for that purpose, may pay out such portions of the ward's money as the court of probate shall from time to time, by order, direct: Provided. That the rents and profits arising from his real estate, and next the interest on the ward's money, shall always be first resorted to for the education and nurture of the ward. SEC. 11. The district court may, for just and reamay order sale sonable cause, being satisfied that the guardian has of real estate. faithfully applied all the personal estate, order the sale of the real estate of the ward, on the application |