Legislative Assembly a report of the progress and condition of the prison, together with suggestions as to the improvement that may to them appear neces- Improvements. sary. tions. SEC. 11. The directors of the Penitentiary shall By-laws, rules, from time to time establish by-laws, rules, and regu- and regulalations, for the discipline and government thereof, and the Warden, for himself and his assistants, shall be held responsible for the observance and enforcement of such by-laws, rules, and regulations: Provided, always, That such by-laws, rules and regulations shall Proviso, and not be contrary to law, and the directors shall an- report. nually submit such by-laws, rules, and regulations, to the legislature compensation. SEC. 12. That the directors may, at their discretion, Minister of the employ any minister of the Gospel to officiate as Gospel may be chaplain in the Penitentiary, and they are hereby employed, his authorized to pay such minister of the Gospel any sum not exceeding five dollars for each and every Sabbath he shall so officiate as chaplain in the said Peni tentiary. future. SEC. 13. The whole amount of twenty thousand Appropriadollars appropriated in the fifth section of this act, tions, past and may be expended in the first instance, if necessary, in the erection of the cells and inclosure of the Penitentiary, but if at any time hereafter the Congress of the United States shall make a sufficient specific appropriation for the establishment of a Penitentiary, within this Territory, the said twenty thousand dollars shall be refunded from such specific appropriation, and expended in the erection of other public buildings within the Territory of Iowa. APPROVED, January 25, 1839. PETITIONS. AN ACT to regulate the mode of petitioning the Legislature in certain cases. application to SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That previ- Public notice ously to any petition or memorial being received at to be given of any future session of the legislature, praying that an any intended act may be passed, whereby the particular rights or the legislature. privileges of any individual or individuals, bodies politic or corporate, may be affected or infringed, notice of such intended application by petition or memorial shall be given at least thirty days before How long petition or me the ensuing session of the Legislature, either by advertisement in a newspaper printed within the county where the parties interested reside, or if there be no such paper, then said notice shall be given by advertisement, to be fixed on the door of the court house, and at three other of the most public places in said county, for the said period of thirty days. SEC. 2. That no such petition or memorial shall be received by any future legislature, which petition or morial may be memorial has been in circulation more than six months, previous to the commencement of the session at which it shall be presented. circulated. Affidavit to ac tion or memorial. SEC. 3. That all such petitions and memorials shall company peti- be accompanied with the following affidavit, to be sworn to and subscribed by the person, or persons, who may have carried about or put the same in circulation: "Territory of Iowa, county of —ss. I, A. B., do solemnly swear that I have presented the above petition to the persons whose names are thereunto subscribed, and to the best of my knowledge they are all residents of this county, are of proper age, and have the qualifications of voters, and that the object of said petition, or memorial, has been explained, and that the signatures are all signed by the proper persons whose names appear thereto, or by some person duly requested so to do by such (Signed,) Č. D. Duty of President of Coun cil, and speak er of House of Rep. Repealing clause. this person. SEC. 5. That the act of Michigan, entitled "An act PRACTICE. AN ACT regulating Practice in the district courts of the Territory of Iowa. return of writs. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all writs Authority, test, issued by any court in this Territory shall run in the seal, date and name of the United States of America, and bear test in the name of the presiding judge and shall be sealed with the seal of said court, signed by the clerk thereof, and made returnable to the first day of the next term, after the date of such writs. by whom, to whom, and SEC. 2. It shall be the duty of the sheriff, or cor- Service and oner, to serve all process of summons, or capias, return of writs, when it shall be practicable, ten days before the return day thereof, and to make return of such process when, with to the clerk who issued the same, by or on the re- amount of fees. turn day, with an endorsement of his service, the time of serving it, and the amount of his fees: Pro vided, That when such process shall have been Proviso. tain reasons. SEC. 3. If it shall not be in the power of such Continuance sheriff or coroner to serve such summons or capias granted for certen days before the return day thereot, he may execute the same at any time before or on the return day, but in such case the defendant, or defendants, shall be entitled to a continuance and shall not be compelled to plead before the next succeeding term. term to term, SEC. 4. Whenever it shall appear by the return of Original prothe sheriff, or coroner, that the defendant or defend- cess may be ants are not found, the clerk shall, at the request of rendered from the plaintiff, issue another summons, or capias (as the case may be), and so on until service be had and the defendant or defendants be summoned or brought into court; and if such summons or capias be served And the trial on any one or more, but not on all of the defendants, may proceed and judg't be the plaintiff or plaintiffs shall be at liberty to pro- had, where all ceed to trial and judgment in the same manner as if the deft's have the defendants were in court, and any judgment so not been servobtained, shall be valid against the defendant or de-ed. fendants on whom the process had been served, and the plaintiff or plaintiffs may at any time afterwards How said deft's have a summons in the nature of a scire facias against may be made a the defendant or defendants not served with the first party in such judgt's. process as aforesaid, to cause him, her, or them to appear in the said court and show cause why he, she, or they should not be made a party to such judgment, and the court shall thereon proceed to hear and determine the matter in the same manner as if such defendant or defendants had been originally sumCredits, and moned or brought into court; and such defendant or form and effect defendants shall also be allowed the benefit of any of such judgt's. payment which may have been made on the judgment before recovered, and the judgment of the court against the defendant or defendants in such case shall be, that the plaintiff or plaintiffs recover against such defendant or defendants, together with the defendant in the former judgment, the amount of his debt, or damages, as the case may be. Rule on the process. SEC. 5. If any sheriff, or coroner, to whom any sheriff to return summons or capias shall be delivered, shall neglect or refuse to make return of the same before or on the return day of such process, the plaintiff may enter a rule requiring said sheriff or coroner to make return of such process, on a day to be fixed by the court, or to show cause, on that day, why he should not be attached for a contempt of the court; and the plaintiff shall thereupon cause a written notice of such rule to be served on such sheriff or coroner, and Contempt and if good and sufficient cause be not shown to excuse such officer, the court shall adjudge him guilty of a contempt, and shall proceed to punish such officer as in other cases of contempt. Service of notice. punishment. Declaration, account, or to be filed, and when. SEC. 6. If the plaintiff shall not file his declaration, together with a copy of the instrument of writing, or other writing, account on which the action is brought, in case the same be brought on a written instrument or account, ten days before the court at which the summons or capias is made returnable, the court on motion of the defendant shall continue the cause, at the costs of Continuance, the plaintiff, unless it shall appear that the suit was the first term. commenced within ten days of the sitting of the court, in which case the cause shall be continued without costs, unless the parties shall agree to have judg't for def't, a trial, and if no declaration shall be filed ten days if declaration, before the second term of the court, the defendant shall be entitled to a judgment as in case of nonsuit. Second term, &c., be not filed. Clerk shall en names of attor SEC. 7. The clerks of the district courts in this ter parties, Territory shall keep a docket of all the causes pendcause of action, ing in their respective courts, in which shall be entered the names of the parties, the cause of action, and the names of the plaintiff's attorney, and he shall furnish the judge and the bar at each term with a neys, &c., on a docket. copy of the same, in which all indictments and causes to which the United States may be a party, shall be first set down, after which shall be set down all cases Classification in law, in order, according to the date of their com- of causes. mencement, and lastly, the suits in chancery; and the clerk shall also set and apportion the causes for as Apportionmany days of the term as he may think necessary, ment of causes, or be directed by the judge, and all subpoenas for witnesses shall be made returnable on the day on which the cause in which the witnesses are to be called, is set for trial. and attendance of witnesses. SEC. 8. The clerk shall from time to time issue Duty of clerk subpoenas for such witnesses as may be required by as to witnesses. either party, returnable on the day for which the cause in which they are required to attend is set for trial, and every clerk who shall refuse so to do, shall be fined at the discretion of the court in any sum not Penalty. exceeding one hundred dollars. SEC. 9. In all cases pending in any district court When the of this Territory, if both the parties shall agree, both court may dematters of law and fact may be tried by the court. cide the law and the facts. red. SEC. 10. The several district courts shall have Books, writings power in any action pending before them, upon mo- and accounts tion, and good and sufficient cause shown, and reason- may be requiable notice thereof given, to require the parties, or either of them, to produce books or writing in their Particular possession or power, which contain evidence perti- items to be nent to the issue, and it shall be the duty of the de- filed with deft's fendant or defendants, in all cases where he, she, or they intend to prove on trial any accounts or demands against the plaintiff or plaintiffs, to file with his plea a bill of the particular items of such accounts or demands, and no other accounts or demands shall be suffered to be proved to the jury, or court, on that trial. plea. default. SEC. 11. On the appearance of the defendant or Time to plead. defendants, the court may allow such time to plead as may be deemed reasonable and necessary, and for want of appearance, may give judgment by default Judgment by on calling the cause, except in cases where the process has not been served or declaration filed ten days before the term of the court, but all the causes shall be tried, or otherwise disposed of, in the order they are placed on the docket, unless the court, for good Exception. and sufficient cause, shall otherwise direct. And whenever either party shall apply for the continu ance of a cause on account of the absence of testi mony, the motion shall be grounded on the affidavit Continuance. |