Donation of land, or preemption. $20,000 ap SEC. 4. Be it further enacted, That the Governor is hereby authorized to apply to Congress for a donation of, or a pre-emption to, four sections of land on which to locate the seat of government of the Territory of Iowa, and also to draw from the treasury of the United States the sum of twenty thousand dolpropriated by lars, appropriated by Congress to be expended in the erection of public buildings, and also such other sum or sums of money as may hereafter be appropriated for like purposes, and the said Governor is hereby required to pay the same to the acting commissioner, after he shall have given bond, as required in the second section of this act. Congress. Commission ers, In case of va cancy, Govern SEC. 5. Be it further enacted, That Chauncey Swan, John Ronalds, and Robert Ralston, be and they are hereby appointed a board of commissioners to locate the seat of government of the Territory of Iowa, and to superintend the erection of public buildings. SEC. 6. Be it further enacted. That if by death, resignation, or any other cause, there shall be a vacancy or to appoint. in said board of commissioners, it shall be the duty of the Governor to appoint some person, from the district where the vacancy occurred, to perform the duties of such disqualified commissioner: Provided, however, That such appointment shall not extend beyond the meeting of the next Legislative Assembly. Proviso. SEC. 7. Be it further enacted, That such parts of the law, to which this is amendatory, as are contrary to the provisions of this act, are hereby superseded. APPROVED, January 21, 1839. will become SECURITIES. AN ACT concerning debtors and their securities. SEC. 1. Be it enacted by the Council and House of When security Representatives of the Territory of Iowa, That when apprehensive any person bound as security by bond, bill, note, or that principal otherwise, for the payment of money, or performance insolvent, &c. of a contract, shall apprehend that the principal debtor for whom he is bound, is likely to become insolvent, or migrate from this Territory, without previously satisfying or discharging such debts due, demand, or obligation, so that it will become impossible, or difficult, for such security, after paying, satisfying, or discharging such debts due, or demand, to recover the value thereof from such principal, debtor it shall be lawful for such security, if action shall have accrued on any such contracts as aforesaid, to require by notice, in writing, his creditor forthwith to put the bond, bill, note, or other contracts by which he is bound as aforesaid, in suit, who shall, within twenty days, commence an action and proceed with due diligence to judgment and execution thereon, and if such creditor shall fail or neglect to proceed as aforesaid, the said surety shall be discharged from the performance of said contract. tend. SEC. 2. That the provisions of this act shall be ex- To whom protended to the heir, executor, or administrator of visions of this any deceased security against the creditor or his assignee, act shall exexecutor, or administrator, upon his compliance with the first section of this act; but nothing herein con- Proviso as to tained shall be construed to extend to the offi ial public officers, bonds of public officers, guardians, executors, ad- guardians, &c. ministrators, or bonds with collateral conditions. paid, with int. SEC. 3. That when any security, his heirs, execu-Security to tors, or administrators, pays or discharges the debt have judgment or contract of his principal, or part thereof, upon for the sum judgments rendered against him, he shall have judg- and costs. ment to recover the value or amount so paid or discharged, together with the interest and costs, upon motion, in the court where such judgment may have been rendered against such security, his heirs, executors, or administrators, of such principal debtor, his heirs, executors, or administrators. come insol vent. SEC. 4. That in case when there are two or more When princisecurities to any bond, bill, note, or contract, and pal obligors beone or more of such sureties are subjected, by judgment of any court, to the payment of the debt or damage by default of the principal obligor, and such obligor be insolvent so that the amount or value thereof cannot be recovered of him, the court, before whom such judgment may be rendered, shall, upon motion of such surety or sureties, grant judgment that they recover against all and every other co-sureties, their heirs, executors, and administrators, for their and each of their respective shares and proportions of the amount or value of such judgment with damages and costs. by default. SEC. 5. That no surety, his heir, executor, or ad- Sureties sufferministrator, shall be suffered to confess, or suffer ing judgment judgment by default so as to distress his principal, if such principal will enter himself defendant to such suit, and tender to such surety, or his legal Special bail of or. representatives aforesaid, good collateral security, to be approved by the court before whom such suit is depending. SEC. 6. That when the special bail of any judgment judgment debt- debtor shall be indemnified by the payment of such judgment, or part thereof, it shall be lawful for such bail, his executor, administrator, or heir, to recover the amount of such payment, with interest and costs, upon motion in the same court where judgment was rendered against such bail, or his legal representatives of the said debtor, his heirs, executors, or administrators. Notice to be given. SEC. 7. That in all proceedings, by motion, under this act, ten days notice of such motion shall be given to the person against whom such judgment is to operate. APPROVED, December 25, 1838. ties may surrender their principal. SECURITIES. AN ACT for the relief of securities of persons charged with criminal offences. SEC. 1. Be it enacted by the Council and House of When securi- Representatives of the Territory of Iowa, That in all cases of surety for the appearance of persons charged with criminal offences before any court, the security or securities of such person may, at any time before judgment is rendered upon the scire facias to show cause why execution should not issue, seize and surrender their principal to the sheriff of the county wherein the recognizance shall be taken; and it shall be the duty of such sheriff, on such surrender, and on the delivery to him of a certified copy of the recognizance by which such security or securities are bound, to take such person into custody, and by writing acknowledge the surrender aforesaid, and thereupon the said security or securities shall be acquitted and discharged of such recognizance. APPROVED, January 3, 1839. SHERIFFS. AN ACT for the appointment and duties of Sheriffs. whom appoint SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Sheriff in each shall be appointed, and commissioned by the Gov-county, by ernor, by and with the consent of the Legislative ed and comCouncil, in each of the organized counties of this missioned. Territory, a sheriff, who shall hold his office for the term of two years, unless sooner removed, who shall, previous to entering upon the duties of his office, take an oath or affirmation to support the constitu tion of the United States, and, also, an oath, or Tenure, and affirmation, faithfully to execute the duties of his oaths of office. office. whom approv bonds. SEC. 2. Every sheriff, appointed and commissioned When bonds, as aforesaid, on receiving notice of his commission, to be given, to shall, within thirty days thereafter, enter into bonds, whom, and by to the United States, with good and sufficient security, ed. to be appointed by the judge of the district court of his county, at the term next after the dates of such bond, in the penal sum of five thousand dollars, con- Penal sum, ditional for the faithful discharge of all the duties $5,000. required, or to be required, of him by law, as sheriff, Condition of and shall also, at the time of giving such bond, take and subscribe, before the clerk of the district court, the several oaths required by law: Provided, That if Proviso, as to no district court be held within the proper county, approving bond within thirty days after notice of such commission as aforesaid, the clerk may approve the bond and security aforesaid, which bond, in that case, shall be good and valid, until the end of the next succeeding district court. in vacation. oaths and SEC. 3. The oaths, so taken, and bond given as Filing, recordaforesaid, shall be filed and recorded by the clerk of ing and certithe district court, and the taking and subscribing of tying sheriff's the oaths, shall be certified by him on the back of bonds, by the commission, and a certified copy of such bond whom performunder the seal of the district court shall be evidence ed. in all courts in this Territory. ed vacant. SEC. 4. If any sheriff, appointed as aforesaid, shall When the of neglect, or refuse, to enter into bonds, and take the fice of sheriff oaths above subscribed, within the time above speci- shall be deemfied, or if any bond approved by the clerk, as aforesaid, shall be disapproved by the judge of the district court, and such sheriff shall not, during the term of the court, procure such security as the judge shall Duties of sher iff, as regards and return, of Sheriff to give what cases. approve, in all such cases the office shall be deemed vacant. SEC. 5. It shall be the duty of every sheriff, when qualified as aforesaid, to execute, and return, all writs, warrants, process, orders and decrees, of every description, that shall, or may be legally directed and delivered to him, within the limits of his county, under pain of contempt of court, under which warrant, writ, process, or decree may have issued, and for the service of such process, and for keeping of the peace, such sheriff may call to his aid the power of the county, when necessary. SEC. 6. Every sheriff, to whom any writ shall be certificate, in delivered, in the county where it is to be executed, shall, if required by the person delivering the same, give to such person a certificate under his hand, without taking anything therefor, wherein the names of the parties and the day of delivering the writ shall be mentioned. Neglect, or refusal to pay over money, &c. How redress ses. SEC. 7. If any sheriff shall neglect, or refuse to pay over any money collected by virtue of any execution, or process, to any person entitled to receive the same, or shall wilfully neglect his duties, to the prejudice, or injury, of any person, such person may, in the court where the bond of such sheriff is filed, and recorded, prosecute the bond of such sheriff, and the may be obtain- same proceedings shall be had thereon, as in other ed, in such ca- cases of bonds for the performance of covenants, and after judgment had, any person injured and who would be entitled to sue on said bond, may obtain a writ of inquiry of damages, on such judgment, and in every case where damages shall be assessed, execution shall be issued for the amount of such damages, and costs, and collected, for the use of the injured party, or upon the failure of any sheriff, after demand made to pay over any money by him collected, by virtue of any execution, or process whatever, to any person entitled to receive the same, such Damages and person may proceed against the sheriff in a summary way, before the district court, by motion, upon giving to such officer three days' notice of the application, and recover the amount so neglected to be paid, with twenty per cent. damages thereof, for such detention, and shall have execution therefor: Provided, That in all such cases, if the sheriff shall pay, or satisfy, the amount claimed by the party prosecuting, with costs, under the direction of the court before final judgment, or in any subsequent prosecution costs. Proviso. |