of the guardian, by petition in writing, stating the facts, and having given notice to all persons concerned of such intended application, in some public newspaper printed in this Territory, or setting up written notices, in three of the most public places in the county, at least three weeks before the sitting of the court. Such order may enable the guardians to sell and convey the real estate, for the support and education of the ward, or to invest the proceeds in other real estate. The court in such order shall direct the time and place of sale, the notice thereof to be given, and may direct the sale to be made on reasonable credit, and require such security of the guardian and purchaser as the interest of the ward may require. It shall be the duty of the guardian making such sale, as soon as may be, to make return of such proceedings to the court granting the order, which, if approved by the court, shall be recorded, and shall vest in the purchaser or purchasers all the interest the ward had in the estate so sold. Application for the sale of such real estate shall be made in the county where the ward shall reside, although the estate may lie in a different county; but if the ward do not reside in the Territory, such application shall be made to the court of the county where the whole or any part of the estate shall be situated.

bate court.

SEC. 12. An account of all moneys received by Account of moany guardian for the sale of real estate of any minor, neys to be reas aforesaid, shall be returned, on oath, by said turned to proguardian to the court of probate of the county where letters of guardianship were obtained; and such moneys shall be accounted for, and shall be subject to the order of the court of probate, in like manner as other moneys belonging to such minor.

court.

SEC. 13. Appeals shall be allowed, in all cases, Appeals allowfrom the order or judgment of the court of probate, ed to district to the district court, in the same manner as is provided by an act relative to wills and testaments, executors and administrators, and the settlement of

estates.

SEC. 14. Guardians, on final settlement, shall be compensation allowed such fees and compensation for their services to guardians. as shall seem reasonable and just to the judge of probate, not exceeding what are or shall be allowed by law to administrators.

APPROVED, January 25, 1839.

Writs of ne

NE EXEAT AND INJUNCTIONS.

AN ACT regulating the issuing of writs of Ne Exeat and Injunctions.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That writs of exeat, in what ne exeat republica may hereafter be granted, as well cases granted. in cases where the debt or demand is not actually due, but exists fairly and bona fide in expectancy, at the time of making application, as in cases where the demand is due; and it shall not be necessary to authorize the granting of such writ of ne exeat that the application should shew that his debt or demand is purely of an equitable character, and only cognizable before a court of equity.

Obligors, joint and several, and their remedies against each other.

SEC. 2. In case of joint or joint and several obligors, or debtors, if one or more of them be about to remove without the jurisdictional limits of this Territory, taking their property with them, leaving one or more co-obligors or debtors bound with them for the payment of any sum of money, or for the delivery of any article of property, or for the conveyance of land at a certain time, which time shall not have arrived at the time of such intended removal, such Debt, delivery CO-obligor or debtor who remains shall be entitled, of property, or on application, to writ of ne exeat to compel the co-obligor or co-debtor, who is about to remove, to secure the payment of his part of the sum to be paid, or of the delivery of the property, or to convey or to join in the conveyance of the land. Also, in cases of security, the writ of ne exeat may issue on application of a security against the principal, or coprincipals, and security, when the obligation or debt shall not be yet co-securities. due, and the principal or co-security is about removing out of the Territory.

conveyance of lands.

Securities,

on writ.

Application for SEC. 3. No writ of ne exeat shall be granted but writ,how made on bill or petition filed, and affidavit to the truth of such allegations therein contained. Upon the granting of any such writ, the court, judge, or any person he may have appointed for that purpose, granting Endorsement the same, shall endorse, or caused to be endorsed, on the bill or petition in what penalty bond and security shall be required of the defendant, and shall also, before issuing the said writ, take bond of the complainant with good and sufficient security in such sum as the said court, judge, or person authorized shall deem proper, concitioned that the said complainant will prosecute his bill, or petition, with effect, and that he will reimburse to the defendant

Bond and security.

Condition.

such damages and costs as he shall wrongfully sustain by vacation of the said writ. If any defendant

to such writ of ne exeat shall think himself ag- Suit on bond grieved he may bring suit on such bond, and if on and damages. trial it shall appear that such writ of ne exeat was prayed for, without a just cause, the person injured shall recover damage, to be assessed as in other cases on penal bonds.

SEC. 4. All writs of ne exeat shall be returnable Return of writ. into the district court of the proper county, and

when granted by the judge, in vacation, may be is- Writ in vacasued under the hand of the judge, or the judge may tion, and redirect the clerk of said court to issue the said writ, quirements, in and to take bond of the complainant as above required.

such cases.

SEC. 5. The writ of ne exeat shall contain a sum- What writ shall mons for the defendant to appear in the district contain, and court, and answer to the said petition, or bill, and service thereof. upon the same being served upon him, he shall give bond with security in the sum endorsed on such Bond and sewrit, conditioned that he will not depart the Terri-curity. tory without leave of said court, and that he will render himself in execution to answer any judgment Condition. or decree which the said court may render against him; and in default of giving such security, he may be committed to jail as in other cases, for the want of bail; no temporary departure of the defendant from the Territory shall be considered as a breach

of the condition of the said bond, if he shall return Temporary abbefore personal appearance shall be necessary to sence, and reanswer or perform any judgment, order, or decree turn. of said court.

SEC. 6. The surety, in any bond for the defendant Security may as aforesaid, may at any time before the said bond surrender the shall be forfeited, surrender the said defendant in principal, and exoneration of himself, in the same manner that bail may surrender their principal and obtain the same discharge.

be discharged.

SEC. 7. On the return of the writ of ne exeat, if Return of writ, the same shall have been duly served, the court shall and proceedproceed therein as in other cases in chancery, if the ings in court. matters alleged in said bill be purely of an equitable character, and the time of performance of the duty

or obligation of the defendant has expired, if not, May be stayed, then the proceedings shall be stayed until it has ex-quashed, or set pired; but the court may, nevertheless, proceed to aside. determine whether the said writ ought not to be

quashed, or set aside.

Writs of ne

SEC. 8. The supreme and district courts, in term exeat, by whom time, and any judge thereof in vacation, shall have

and when

granted.

Writs of injunction. Limitation.

Return of writs.

Injunction, to

ings at law.

power to grant writ or writs of ne exeat and injunction. No writ of injunction shall be granted to stay proceedings under a judgment obtained before a justice of the peace, for a sum not exceeding twenty dollars besides the costs.

SEC. 9. When an injunction shall be granted by the supreme court, or a judge thereof, it shall be made returnable into the district court of the proper county.

SEC. 10. Where an injunction shall be granted to stay proceed stay a suit or judgment at law, the proceedings shall be had in the county where the judgment was obtained, or the suit is pending, and the writ of subpœna may be sent, in the first instance, into any county within this Territory where the defendant resides.

Subpoena.

Restriction.

Release of er

rors.

Bond necessary to procure

injunction.

Condition,

SEC. 11. No injunction shall be granted to stay any judgment at law for a greater sum than the complainant shall shew himself equitably not bound to pay, and so much as shall be sufficient to cover costs. Every injunction, when granted, shall operate as a release of all errors in the proceedings at law that are prayed to be enjoined. No injunction shall be issued unless the complainant shall have previously executed a bond with sufficient surety to the defendant, approved by the court or judge granting such injunction, and filed with the clerk in double the sum directed to be enjoined; conditioned for the costs and dam- payment of all money and costs due, or to be due, to the plaintiff in the action at law, and also all such costs and damages as shall be awarded against the complainant, in case the injunction shall be dissolved, Clerk may take or such bond may be entered into before the clerk of the district court of the county where the writ is required to be issued; the court or judge granting the injunction, having first approved the security. If the costs, interests, injunction be dissolved in the whole or in part, the damages, and complainant shall pay, exclusive of legal interest and costs, such damages as the court shall award on such part as may be released from the injunction, and the clerk shall issue execution for the same, when he issues execution upon such judgment.

ages.

the bond.

Dissolution,

execution.

Disobedience

SEC. 12. If any person, against whom a writ of into, or breach of, junction shall be issued, shall, after the service thereof, injunction. be guilty of disobedience to, and breach of said injunction, it shall be lawful for the judge granting the

same, or if the same were granted in open court, then for any judge of that court, in vacation, to issue an attachment against the said person for a contempt, Attachment for upon his being brought before the said judge, unless contempt. he shall disprove, or purge the said contempt, the said judge may, in his discretion, commit him to jail Judge's discreuntil the sitting of the court in which the said injunc- tion, as to comtion is pending, or take bail for his appearance in the said court at the next term thereof, to answer for the said contempt, and to abide the order of the court thereon.

mitment, or

bail.

tion.

SEC. 13. Upon the filing of an answer, it shall be Motion to disin order at any time, in term, to move for the dis- solve injuncsolution of the injunction, and upon such motion it shall be lawful for the parties to introduce testimony to support the bill and answer, the court shall decide such motion upon the weight of testimony, without Testimony. being bound to take the answer as absolutely true. If after such dissolution is moved for the plaintiff in the bill will satisfy the court by his own affidavit, or the affidavit of any disinterested person, that the answer, Continuance, or any material part thereof (to be specified in such how procured. affidavit), is untrue, and that he has witnesses whose testimony he believes he can procure by the next term of the court who will disprove the said answer, or such material part thereof as shall be specified as aforesaid, and that he has had no opportunity to procure such testimony since the coming in of the Duty of court. answer, it shall be lawful for the court to grant a continuance of the said motion until the next term. The testimony to be heard on such motions, aside from

the bill and answer, shall be by deposition in writing, Testimony, detaken as in other cases in chancery proceedings, ex- positions in cept the affidavits which may have been filed with writing. the bill or answer, which may be read on such motion

as heretofore, and the depositions taken to dissolve Reading the an injunction may be read on the final hearing of the same. cause in which they have been taken.

APPROVED, January 25, 1839.

PARTITION.

AN ACT to provide for the partition of real property.

SEC. 1. Be it enacted by the Council and House of Suit may be Representatives of the Territory of Iowa, That any one commenced for or more joint tenants or tenants in common of partition.

any