Van Buren.

Louisa.

Jackson.

Cedar.

Clayton.

Johnson.

To Henry Heffleman, sheriff of Van Buren county, fifty dollars.

To Martin Harless, sheriff of Louisa county, fifty dollars.

To William A. Warren, sheriff of Jackson county, fifty dollars.

To J. W. Tallman, sheriff of Cedar county, fifty dollars.

To. J. B. Griffith, sheriff of Clayton county, fifty dollars.

To Samuel C. Trowbridge, sheriff of Johnson county, twenty-five dollars.

APPROVED, January 25, 1839.

Duties of mas

STEAM BOATS.

AN ACT to prevent disasters on steam boats, navigating the waters within the jurisdiction of the Territory of Iowa.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That it shall ters, as regards be the duty of the owners, of steam boats, navigating officers, crew, on the rivers and lakes within the jurisdiction of this boilers, engine, Territory, to have a competent master, officers, and

tackle, &c.

Boats, ascending and de

crew on board, and to have a substantial and sufficient engine, boiler, or boilers, and to have the same, at all times, in good and safe order and condition, and have the vessel supplied with all necessary boats, tackle and furniture, and in every respect sea worthy. SEC. 2. In ascending and descending navigation, the said boats shall conform to the following reguscending, how lations: The descending boat shall keep the shore, or bar, she may be on, until the ascending boat passes, and, when both boats are running, the descending boat shall keep the middle of the channel, or in the deepest water, and, in all cases, when it is practicable, leave room for the ascending boat to pass on either side.

regulated, in passing each other.

Boats passing SEC. 3. When two boats meet in a contracted part in narrow chan- of the river, or in any narrow, or intricate channel, nels, and in the both boats shall stop their engines, or work them very slow, until they pass each other, and in the night time the descending boat shall not take any of the small chutes, but shall keep the main channel, in order to avoid the ascending boats.

night, how managed.

Duty of passengers, in the

SEC. 4. It shall be the duty of the masters, and officers of all steam boats, to keep their vessels, at

rules.

all times, well and steady trimmed, and particularly observance of in coming to and departing from shore, and for that purpose the passengers and all others on board the boat shall strictly obey the directions of the master, or officers on watch, and keep the place, or position, they may be directed, and under such pecuniary fine, or penalties, as the rules and regulations of the boat, in that behalf, shall impose, which rules and regula- Rules kept up. tions shall be constantly kept up, in at least five conspicuous and different parts of the boat.

SEC. 5. The master, and owners, shall be severally Responsibiliand jointly responsible for all damages which any ties of masters person may sustain by the neglect, or refusal to com- and owners. ply with the requisitions of the foregoing section.

SEC. 6. If any loss of life shall ensue, from any Loss of life neglect, or refusal on part of the officers, the officers from neglion watch and conducting the boat at the time, shall gence, &c. be deemed guilty of the crime of manslaughter, and upon conviction thereof, shall be punished accord- Penalty. ingly.

countability

SEC. 7. It shall not be lawful for steam boats to run Racing prohibraces, for the trial of speed, or for any other purpose, ited, and acand the owner and officers, severally and jointly, thus incurred. shall be liable and responsible for all damages which any one may sustain, from any accident, or casualty, which may happen during said race.

penalties here

SEC. 8. And, moreover, in case of loss of life, or Loss of life, oclives in consequence of said racing, the master of the casioned by boat, or person, or persons, having command thereof racing, and for the time being, shall be deemed guilty of a high by incurred. crime and misdemeanor, and, on conviction thereof, shall be fined in a sum not exceeding five thousand dollars, nor less than five hundred dollars, or imprisoned for any time not exceeding ten years.

masters herein.

SEC. 9. That, in landing passengers from steam Landing of boats, the master shall cause the vessel to be brought passengers, to shore, whenever practicable and convenient, and duties of and especially when females, or children, are to be steam boat landed; and whenever impracticable, or decidedly inconvenient so to do, may land the passengers in good, sufficient, and comfortable boats, to be at all times kept for that purpose, and managed by a sufficient number of civil, competent and careful men, and during the time of disembarking from the steam boat, into the small boat, and of leaving the vessel, the engine shall be stopped, and the speed of the vessel checked.

Penalties for

a violation of the preceding

section.

Gunpowder as freight, how and where to be stored; and

SEC. 10. Any neglect or refusal to comply with any of the requirements of the preceding section, shall subject the owners and masters of the boat to the payment of all damages that may result to any person, or persons, from such neglect, or refusal; and, in the event of loss of life thereby, the master or officer, in command of the boat for the time being, shall be deemed guilty of a high misdemeanor, and be punished as is provided for in the eighth section of this act.

SEC. 11. It shall be the duty of the master, and officers, of any steam boat carrying gunpowder, as freight, to store the same in the safest part of the vessel, and separate and apart from articles liable to spontaneous combustion, and where, in discharging the cargo, it will not be necessary to carry any lighted lamp, torch, or candle, and the master and officers failing to comply with the provisions of this penalties for section, shall forfeit one hundred dollars each, for neglect, or fail- every time the same shall be so neglected, which may ure to comply be recovered by action of debt, the one-half to the person who shall sue for the same, and the other half to the use of the county, and shall, moreover, be liable for all damages which may happen to any person by reason of such neglect or failure.

herewith.

Duty of passengers, and others, as to

gunpowder on steamboats.

Penalty and damages.

SEC. 12. It shall not be lawful for any person, or persons, to put, or keep any gun powder on any steam boat, without first giving the master, or officers, notice thereof, and any person or persons, so offending, shall be liable to pay the sum of one hundred dollars, to and for the use of any person who may sue for the same, in an action of debt, before any court having jurisdiction thereof, and, moreover, the person or persons so offending, shall be liable for all damages, which may happen to any person thereby SEC. 13. Copies of this act shall be printed, and put up in frames, and kept publicly placed in the put up in steam cabin, and steerage of each steam boat, navigating the rivers or lakes within the jurisdiction of this Territory, Penalty for ne- and a failure to comply with these provisions, shall subject the master and owners to a penalty of one requirement. hundred dollars for each day the same shall be omitted, to be recovered in an action of debt, before any tribunal having jurisdiction thereof, one-half to the use of the county in which the suit shall be brought; and the other to the use of the person, who may sue for the same.

This act to be printed and

boats.

glecting this

SEC. 14. Any complaint, suit, or indictment, under Where suit this act, may be commenced, found and maintained may be brought in any county along, or through which said steam

boat, on her trip, usually passes.

under this act.

SEC. 15. This act to take effect from and after its When to take

passage.

APPROVED, January 4, 1839.

effect.

COUNTY SURVEYORS.

AN ACT defining the duties of county surveyors.

missioned, and

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there County Surshall be elected, in each county in this Territory, at veyors to be the first general election, one county surveyor, and it elected, comshall be the duty of the Governor to commission such continue in ofperson, so elected, who shall continue in office two fice two years. years from the time of his election: Provided, That Absence from an absence from the county six months, at any one the county. time, shall be considered sufficient cause to declare the office vacant, unless the surveyor's family continue to reside in the county.

ed.

SEC. 2. Each and every surveyor shall, previous to Oath, and by entering on the duties of his office, take an oath, that whom it may he will faithfully and impartially discharge the duties be administerof his office, to the best of his skill and judgment, without favor or affection, which oath may be administered by any judge or justice of the peace, in the county, and shall be endorsed on his commission,

SEC. 3. Each and every county surveyor may ap- Appointment point one or more deputies, who shall take an oath, of deputies. similar to the one taken by the surveyor himself, and the surveyor shall be responsible for the official acts

of his deputy.

SEC. 4. It shall be the duty of the said county sur-Duty of Surveyor to make all surveys, within the bounds of his veyor. county, that he may be called on to make, either by himself, or deputy, properly authorized by him, and competent to perform the same, within a reasonable time after application is made to him.

SEC. 5. All chain men necessary shall be employed Chainmen to by the person wanting surveying done:-They shall be sworn, be good and disinterested persons, to be approved of by the surveyor, and they shall be sworn by the surveyor to measure justly and exactly to the best of their knowledge.

Surveys to be

made accord ing to the original survey.

tions.

SEC. 6. It shall be the duty of county surveyors, previous to making any survey under the authority of this act, to furnish themselves with the field notes of the original survey, of the lands that they may be called on to survey, and all surveys, made by a county surveyor, shall be made according to the original Special direc- survey. For the purpose of perpetuating every survey, the surveyor shall be required to establish his corners, by taking bearing trees, and noting particularly their course and distance, and where there are no trees within a reasonable distance, the surveyor shall perpetuate his corners by erecting mounds: Provided. In all cases, where it shall be practicable, the surveyor shall require the person having the survey made, to furnish suitable stone, which stone shall be permanently placed at each corner in the ground. The surveyor shall furnish the proprietor of every tract of land with a copy of the original field notes of every tract of land he may survey. It shall also be the duty of the county surveyor to furnish himself with a well bound book, in which he Record, & what shall carefully and legibly record and note down. it shall contain. every survey made by him, giving the name of the person the survey of whose land is so recorded, and describing, as near as practicable, the metes and bounds of the lands, and noting the date on which the survey was made, and such record shall be subject to the inspection of every person who may be interested in the same, and a certified copy thereof, under the hand of the surveyor, shall be admitted as to be prima fa- prima facie evidence in any court of record in this Territory.

Copy of original field notes for proprietor.

Subject to in

spection.

Certified copy

cie evidence.

Official record

to successor.

SEC. 7. It shall be the duty of every county surto be given up veyor, or other person having the official record of such surveyor in his possession, to deliver it up to his successor when demanded; and every person having possession aforesaid, refusing the same, when Penalty for re- demanded, shall forfeit and pay one dollar for every fusing to do so. day he may detain it after demand, to be recovered by any person who may sue for the same before any justice of the peace of the proper county, one-half to the person suing, and the other half to the use of the county.

Record not conclusive. May be reviewed.

SEC. 8. No act or record, by any surveyor, or his deputy, as aforesaid, shall be conclusive, but may be reviewed by any competent tribunal, in any case where the correctness thereof may be disputed.