party shall have recovered possession of the property sed for. SEC. 53. Where, by the provisions of this act, the Permanent im plaintiff in an action of right shall be entitled to provements. damages for withholding, or using, or injuring his property, the defendant shall be allowed to set off any permanent improvements he may have made thereon, at their fair value, to said plaintiff. SEC. 54. After issue shall have been joined on the Joining of ismerits, no exceptions shall be taken to the declara-sue. tion, in any manner whatever. SEC. 55. Where the action is brought to recover County lines. any particular piece of property, lying partly in one county and partly in another, it may be instituted in the district court of either of said counties. SEC. 56. Any widow who shall have established Assignment of her right to dower, in any property, by means of this dower. action, shall have her dower assigned her, in the following manner: 1. The court shall appoint three reputable and Commissiondisinterested commissioners, who, after having been ers, their oath duly sworn to the honest, faithful and impartial dis- and duties. charge of their duty, shall proceed to lay off the said dower designating the same by metes and bounds. 2. They shall make a written report of their pro- Report. ceedings in the premises to the next term of said court. 3. Said report may then be excepted to, and the Exceptions court shall have power, for good cause shown, to set thereto. the same aside, and direct a new commission, as be fore. 4. After the report of commissioners shall have Possession abeen confirmed, a writ of possession shall be awarded, warded. which shall be similar in its character to that provided for in other cases. FORMS OF PROCEEDINGS UNDER THIS ACT, The following, or other equivalent forms, shall be deemed sufficiently technical and correct, in cases to which they apply. Form of sum- The United States of America to the Sheriff of said mons, in actions of right. Advertisement. county. You are hereby commanded to summons D. F. to appear before the district court of the county aforesaid, on the first day of the next term thereof, to answer unto A. B. in an action of right, for certain land with the appurtenances (or whatever the property claimed may consist of) in said county, which the said A. B. claims to be his right in fee simple. (or according to the fact ), and of which he complains that the said D. F. wrongfully withholds the possession. Hereof fail not, and have you then there this writ, witness, &c. ADVERTISEMENT.-[ See Sections 11 and 12.] Whereas A. B. has brought his action of right in the district court of-- county, against D. F. for certain lands, with the appurtenances (or whatever the property claimed may consist of), lying in said county, and which the said A. B, claims to be his right in fee simple (or according to the fact): Now this is to require the said D. F. to appear, and plead, to said action, on or before the first day of the term of said court next succeeding the end of twelve weeks from the day of the date hereof, or that judgment, by default, will be rendered against him; dated this day of A. D. 18-[the day on which the advertisement was first published.] DECLARATION. Declaration. County, SS. District court for said county [to be dated the day on which the declaration was filed ]-A. B. claims against D. F. a tract of land, with the appurtenances [or whatever the property claimed may consist of ], lying in the county aforesaid, and described as follows: [state the description] and hereupon the said A. B. says, that he has right to the immediate possession of said property, and to the ownership thereof, in fee simple or as the case may be ] and also to damages for its detention, and offers to prove J. M., Atty. for pl'tff. that such is his right. PLEA TO THE MERITS. SS. County, District court for said county [to be dated the day Plea to the on which the plea is filed ]-D. F. denies the right merits. of A. B. to the tract of land, with the appurtenances, and damages for the detention thereof, as set forth in his declaration, or to any part thereof, and hereupon he prays a jury to determine the truth of this plea. G. W., Atty. for defendant. WRIT OF POSSESSION. SS. County, The United States of America to the Sheriff of said county. In pursuance of a judgment obtained by A. B. Writ of posagainst D. F. in the district court of said county, you session. are hereby commanded to deliver to the said A. D. without delay, the possession of the following premises, with the appurtenances, to wit [here describe the property recovered with like certainty as in a declaration]. And further, that of the goods and chattels, lands and tenements of the said D. F. being in your county, you cause to be made, and delivered to the said A. B. the sum of for his dam ages, costs and charges, as specified in said judgment; hereof fail not, and have you this writ with a return of your doings thereon before said court, on the first day of the next term thereof, witness, &c. or the damages, costs and charges aforesaid, may be collected by a separate writ of fieri facias, as in ordinary judgments.] APPROVED, December 29, 1838. Commissioners to locate the road. When and sioners to meet. Failing to do ROADS. AN ACT to locate and establish a Territorial Road from Keokuck, on the SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That James Sutton, Joseph Robb, and James McMurry, be and they are hereby appointed commissioners to locate and mark a Territorial Road, commencing at Keokuck, in Lee county, on the Mississippi river, thence to the horse tail reach, on the Des Moines river, thence up said river as near as practicable to Iowa city, on said river, passing through Farmington, New Lexington, Bentonsport, Columbus, and Philadelphia, in the county of Van Buren. SEC. 2. And be it further enacted, That the commiswhere commissioners aforesaid, or any two of them, shall meet at Keokuck, on the first day of June next, for the purpose of proceeding to the discharge of their duties as commissioners aforesaid, and that they be and are hereby authorized to adjourn from time to time, and from place to place, as they may agree and determine; and that in case said commissioners, from any cause, shall fail to meet at the time and place aforesaid, or any other time or place to which the said commissioners may have adjourned, that then the sheriff of Lee county be authorized, and he is hereby required, on the application of any of said commissioners, either written or verbal, to notify in writing said commissioners of some other day, to be by him appointed, and request their attendance on such day at the place aforesaid. so, sheriff of Lee county may appoint a day. APPROVED, December 14, 1838. Comm'rs. to ROADS. AN ACT to locate a Road from Fort Madison, in Lee county, to Trenton, in Henry county. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That William locate the road. Skinner, of the county of Lee, and Samuel Brazleton and Myriam Kilbourn of the county of Henry, be and they are hereby appointed commissioners to locate and mark a Territorial road, commencing at the town of Fort Madison, on the Mississippi river, running thence on the nearest and best route to Balti more, in Henry county, thence on the nearest and best route to Mount Pleasant, in said county, thence on the nearest and best route to Trenton, in said county. to meet. SEC. 2. That the said commissioners, or any two Where and of them, shall meet in the town of Fort Madison, on when comm'rs the first Monday in April next, for the purpose of proceeding to the discharge of their duties, and that they be and are hereby authorized to adjourn from time to time, as a majority of them may deem proper; and that in case the aforesaid commissioners, from any cause, shall fail to meet at the time and place aforesaid, or at any other time to which Failing to do the said commissioners may have adjourned, that so, sheriff of then the sheriff of Lee county be authorized, and he Lee county is hereby required, upon the application of any one day. of said commissioners, to notify said commissioners, in writing, of some other day, to be by him appointed, and the commissioners, when assembled, shall proceed to lay out and mark said road, according to the provisions of law in such case made and provided. APPROVED, December 19, 1838. may appoint a ROADS. AN ACT to provide for laying out and opening Territorial Roads. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Ionna. That all Ter- Territorial ritorial roads to be hereafter located and established roads to be laid within this Territory shall be viewed, surveyed, and out within one established, and returns made thereof agreeably to the provisions of this act, within one year from the passage of the act by which said road or roads may be granted or authorized to be laid out respectively. year. SEC. 2. The commissioners, appointed to locate Special proviand establish any Territorial road, shall cause the sions as to the same to be correctly surveyed and marked from the mode. beginning throughout the whole distance, by setting stakes in the prairie at three hundred yards distance, and blazing trees in the timber; they shall establish mile posts, which shall be marked with a marking iron, in regular progression, from the beginning to the termination of said road, and shall also establish a post at every angle in the said road, marking as |