Penalties in

act.

VENDERS OF PROVISIONS, &c.

AN ACT to punish the venders of unwholesome liquors and provisions.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of lowa, That if any curred by a vi- butcher or other person shall sell, offer, or expose to olation of this sale, the flesh of any animal, dying otherwise than by slaughter, or slaughtered when diseased, or any contageous, or unwholesome flesh; or if a baker, brewer, distiller, or other person, shall sell, offer or expose to sale, any unwholesome bread, beer, or liquor whatsoever, he shall be adjudged to be guilty of a misdemeanor, and on conviction, shall be punished by fine Form of action, for every such offence, in any sum not exceeding five hundred dollars, nor less than thirty dollars, recoverable by action of debt, with costs of suit, in the name of the United States of America, or by indictment, or information, in any court having competent jurisdiction to try the same, or by imprisonment not exceeding six months, or by both.

and costs.

Fines, to whom paid.

Proceedings,

acts.

SEC. 2. All fines, collected under the provisions of this act, shall be paid over by the officer collecting the same, to the treasurer of the county for the use of such county.

SEC. 3. This act to take effect, and be in full force, under former from and after its passage, but shall not vitiate, or render void, any prosecution under any previous act, but such prosecution shall be prosecuted, under the acts now in force, as though this act had not passed. APPROVED, December 29, 1838.

A change of

cases, in district court, when and for what causes allowed.

VENUE.

AN ACT to provide for changing the venue, in civil, and criminal cases.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That in any venue, in civil civil cause, in law or equity, pending in any district court, either party may have a change of venue, when he fears he shall not receive a fair trial, for reason that the judge is interested, or prejudiced, or is related to, or shall have been counsel for, either party, or that the adverse party has an undue influence over the minds of the inhabitants of the county, wherein the action is pending, or that the inhabitants of such county are prejudiced against him.

whom, and

SEC. 2. That the party desiring a change of venue, Application, for any of the foregoing reasons, may apply to the when, to court, in term time, or the judge thereof in vacation, and by petition, setting forth the cause of the application, and praying a change of venue, accompanied by an affidavit verifying the facts in the petition stated, and Petition, how such court, or judge, reasonable notice of the appli- verified; cation having been given to the other party, or his change, to attorney, shall award a change of venue to the nearest awarded. county where the causes complained of do not exist: Provided, That neither party shall have more than Proviso. one change of venue.

what county

SEC. 3. That in all such cases, where the judge is The court may interested, or is related to, or shall have been counsel award a for, either party, the court may, in their discretion, change, within term time, without application from either party, award a change of venue, as aforesaid.

out application.

minal cases.

SEC. 4. That, if any defendant, in any indictment, Change of or information, in any district court, shall fear an un- venue, in crifair and partial trial, for reason that the judge is' prejudiced, or that the minds of the inhabitants of the county are prejudiced against him, he, by applying as prescribed in section second of this act, reasonable previous notice being given to the attorney general, or district attorney, may have a change of venue awarded to the nearest county, as in the aforesaid section.

for removal of prisoner, war

SEC. 5. That, when such applicant is in custody, or When the apconfined in jail, the court, or judge, shall make an plication is in order to the sheriff to remove the body of said ap- custody; order plicant, to the common jail of the county to which the venue is changed, there to deliver him to the keeper rant, &c. of said jail, together with the warrant, by virtue of which he is confined, or in custody, not more than three days next before the first day of the term of said court, the sheriff shall obey such order accordingly, and shall endorse, on such warrant of commitment, Endorsement the reason of change of custody, and shall deliver on warrant, resuch warrant, with the body of the prisoner, to said ceipt for the keeper, who shall receive the same, and give to the duty of jailor. sheriff a receipt therefor, and shall take charge of, and keep, the prisoner in the same manner as if he had originally been committed to his custody: Provided, Proviso. That there shall be but one change of venue, in any criminal case.

prisoner, and

SEC. 6. That, when any judge shall award a change Change, when of venue in vacation, in any cause, he shall im- allowed in vamediately transmit to the clerk of the county, wherein cation, duty of

clerk.

recognizances,

the judge and the cause is pending, the petition and affidavit, together with an order in writing, directing the change of venue, and such clerk shall file the same in his office, make out a copy thereof, and a full transcript of the record and proceedings, in such cause, Transmission and shall certify, and transmit the same to the proper of the record, court, together with all papers filed in the cause, and indictment, &c. appertaining, or forming part of the record, including, in criminal cases, the indictment and recognizance of the party, and all witnesses, and the clerks Duty of the of the court to which such cause is certified, shall clerk and court file the same, and the cause shall be docketed by to whom the re- such clerk, and shall be proceeded in, and determined by the court, in all things, as well before and after judgment, as if it had originated therein.

cord is trans

mitted.

Change of venue, in term time.

Expenses, by

civil cases.

dy provided for the clerk in collecting costs.

SEC. 7. That, when any change of venue shall be granted, in term time, the like proceeding shall be had, and duties performed by the clerks, and sheriffs, respectively, as in the preceding section.

SEC. 8. That the expenses attending a change of whom paid, in venue, in a civil case, shall be taxed by the clerk of the court from which the cause is certified, according to the rates established by law, for like services, and shall be paid by petitioner, and not taken as Neglect, or re- part of the costs in the suit, and if the petitioner fusal, and reme-shall neglect, or refuse, to pay the same, to such clerk, within twenty days after the change of venue is awarded, such clerk may make out a fee bill against such petitioner, and his security (if any), for costs, and deliver the same to any sheriff of any county in this Territory, who shall levy and collect the amount of such fee bill, and twenty per cent. thereon for the use and benefit of such clerk, in the same manner as on executions, and such sheriff shall be entitled to like fees as on executions: ProProviso, as to vided, That where the venue is changed, without application from either party, the costs of such change shall abide the event of the suit.

costs.

Notice of a change of venue, in criminal cases, and forfeiture of re

SEC. 9. That, when the venue shall be changed, in any criminal case, the parties, witnesses and all others, who may have entered into recognizances to attend the trial of such cause, having notice of the cognizance, as change of venue, shall be and are hereby required to to witnesses, &c attend at the time and place the trial is to be had, according to such change, and a failure to do so shall work a forfeiture of the recognizance.

Duty of district attorney.

SEC. 10. That when the venue is changed, in term time, in a criminal case, the attorney general, or dis

trict attorney, shall have all witnesses, on the part of the prosecution, recognized to appear at the court on the first day thereof, when the trial is to be had.

SEC. 11. That, in all cases when a change of venue Where def't is shall be ordered, in a criminal case, if the defendant to be imprisonshall be convicted, and imprisonment be a part of ed. the judgment, the sheriff of the county where such conviction shall be had, shall immediately take such prisoner and convey him to the county where the defendent shall have been committed, and deliver him to the sheriff thereof, and take his receipt therefor, who shall retain him in custody according to

the judgment of said court, and all costs and charges Costs, in removincurred in removing any prisoner, as aforesaid, ing, by whom shall be allowed and paid out of the county treasury, paid. where the crime shall have been committed, if the defendant be unable to pay the same. APPROVED, January 18, 1839.

WASTE.

AN ACT to allow and regulate the action of waste.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any By, and against person having the possession, or control, of lands, or whom, this actenements, and holding the same by any other than tion may be a fee simple title, in severalty, who shall commit any waste thereof, or any thing thereunto appertaining, shall be subject to an action of waste, at the suit of any party thereby injured.

brought.

SEC. 2. Any such person, who shall not have used Prevention of due care and exertions to prevent waste, shall be waste. deemed to have committed it.

SEC. 3. Any one seized of an estate in remainder, Estates, in reor reversion, may maintain this action for injuries version, or redone to the inheritance, notwithstanding any inter- mainder. vening estate for life, or years.

SEC. 4. An heir, whether he be within or of full Heirs and anage, may maintain his action for waste in the time cestors. of his ancestor, as well as in his own time.

SEC. 5. No action, however, shall be brought for Limitation, six waste committed more than.six years prior to the years. time of commencing such action.

SEC. 6. The first process, in an action of waste, Original proshall be a summons, which may be substantially in cess. the following form:

Form of summons.

county, ss.

The United States of America, to the sheriff of said county, you are hereby commanded to summon C. D. if he be found in your county, to appear before the district court of said county, on the first day of the next term thereof, to answer A. B. in an action of waste, to his damage dollars, and have you, then and there, this writ: Witness," &c. SEC. 7. Every such summons shall be served personally, or by publication, in like manner as is provided in actions for the partition of real property. SEC. 8. The declaration must describe the premises and description wasted, and the interests of the parties therein, with of the premi- the same precision as is required in an action of partition aforesaid.

Writ, how served.

Declaration,

ses, &c.

Proceedings,

SEC. 9. Except as herein otherwise provided, the and analogies proceedings, authorized by this act, shall be assimilated, as far as practicable, to those adopted in personal actions.

herein.

Judgment and damages.

Specifications in the verdict.

When the pre

SEC. 10. If, upon the default of the defendant, or upon issue joined, the jury find that waste has been committed by such defendant, as stated in the declaration, the judgment thereupon shall be, that said plaintiff recover three times the amount of the damages found by the jury.

SEC. 11. The jury, in such cases, shall also declare, in their verdict, whether such waste has been wilfully committed, or if it has been the result of gross negligence,

SEC. 12. Should either of such circumstances be mises wasted found true, then, if the action were brought by any shall be recove other than a joint tenant, or a tenant in common, the judgment of the court, in addition to the treble damages, aforesaid, shall be that the plaintiff recover the place, thus wasted.

red.

When purcha

tain this ac

SEC. 13. Whenever lands, or tenements, shall be sers may main sold, by virtue of an execution issued upon any judgment, or decree, the purchaser of such property, at said sale, may maintain an action of waste against the person in possession thereof, after such sale, for any waste, thereafter, by him committed.

tion.

Right of pos

SEC. 14. But the person entitled to the possession session, and in- of lands, so sold, may, until such right of possession cidents thereto. shall have expired, use and enjoy such premises, in like manner, and for like purposes, as they were used and enjoyed, prior to such sale, doing no permanent injury to the freehold.