Demurrers. party demur ring. record," or that there was no right venue, so as the cause was tried by a jury of the proper county or place where the action is laid; nor shall any judgment after any verdict be reversed for want of entering that the person against whom such judgment is given, "be in mercy," or "be taken," or by reason that the words "be taken" are entered for "be in mercy," or that the words "be in mercy" for "be taken," nor for that in the judgment "it is granted," or "it is adjudged," are entered for "it is considered," nor for that the increase of costs after the verdict are not entered at the request of the party for whom judgment is given, nor by reason that the costs on any judgment are not entered to be by consent of the plaintiff; but all such omission, variance, defects, and other matters of like nature, not being against the right of the matters of the suit, nor whereby the issue or the trial is altered, shall be amended by the courts where such judgments are or shall be given, or whereunto the record is or shall be removed by appeal or writ of error. SEC. 10. Where any demurrer shall be joined and entered in any action or suit in any court of record, the judges shall proceed and give judgment, according as the very right of the matter in law shall appear unto them, without regarding any imperfection, omission, or defect, for want of form in any writ, return, plaint, declaration, or other pleading, process, or Court to decide course of proceeding whatsoever, except those only only the causes which the party demurring shall specially and parset forth by the ticularly set down and express, together with his demurrer, as cause of the same, notwithstanding such omission, cause, or defect, might heretofore have been taken as matter of substance, so as sufficient matter appears on the said pleadings on which the court may give judgment according to the very right of the cause; and and therefore no advantage or exception shall be taken of or for an immaterial traverse, of or for default of entering pledge upon any petition or declaration, for the default of alleging the bringing into court any bond, bill, indenture, or writing, mentioned in the declaration or other pleadings, or of or for the default of alleging the bringing into court letters testamentary or of administration, or of or for the omission of the words "with force and arms," and "against the peace," or either of them, or of or for the want of the averment or words, "and this he is ready to verify," or "and this he is ready to Certain omissions and defects not causes of demurrer, verify by the record," or of or for not alleging "as appears by the record," but the court shall give judgment to the very right of the cause as aforesaid, without regarding any such omission, imperfection or defects, or other matter of like nature, except the same be specially and particularly set down and Except specishown for cause of demurrer: And no judgment ally set forth. shall be reversed for any such imperfection, omission, or defect, or want of form, except such only as are before excepted. And after demurrer joined, Other omisthe court, before whom the same shall be pending, sions and demay, from time to time, amend all and every such imperfection, omission, and defect, and want of form, demurrer joinas before mentioned, other than those only which the ed. party demurring shall specially and particularly set down, together with his demurrer, as aforesaid. fects may be amended after not to be re SEC. 11. Every thing hereinbefore contained shall Judgments on extend to all judgments which shall be entered upon confession &c. confession, nihil dicit, or non sum informatus, in any versed for decourt of record, and no such judgment shall be re- fects which versed, nor any judgment upon any writ of inquiry would have of damages executed thereon shall be stayed or re- been cured by versed for or by reason of any imperfection, omission, defect, matter or thing, which would have been aided and cured by this act in case a verdict had been given in such action or suit, so there be an original writ duly issued according to law. verdict. SEC. 12. This act shall extend to all writs of manda- Act to embrace mus, and informations of the nature of quo warranto, writs of manand proceedings thereon. damas and quo warranto. Courts may SEC. 13. All writs of error, wherein there shall be any variance from the original record, or any other amend writs of defect, may and shall be amended and made agree- error. able to such record by the respective courts where such writs of error are or shall be made returnable. SEC. 14. No part of this act shall extend to any This act not to indictment or presentment for any criminal matter extend to or process upon the same; nor to any writ, action, or information upon any penal statute; nor to any outlaw or process thereupon in order thereunto. APPROVED, January 24, 1839. criminal mat ters or qui tam cases. Persons ap rent or guard ian, to serve fied term. APPRENTICES, &c. AN ACT concerning Apprentices and Servants. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of lowa, That any prenticed, with person bound by indenture of his or her own free consent of pa- will, and with the consent of his or her father (or, he being dead, of the mother or guardian) to be for the speci- expressed in such indenture, and signified by such parent or guardian sealing and signing the same indenture, and not otherwise, or by any two justices. of the peace of the county as hereinafter directed, to serve as a clerk, apprentice, or servant, in any profession, trade, or employment, until the age of twenty-one years, or for any shorter time, although such clerk, apprentice, or servant, shall be within the age of twenty-one years at the making of any such indenture, shall be bounden to serve for the term in the indenture specified as fully as if the same clerk, apprentice, or servant, was of full age at the making of the same: Provided, always, that it shall be lawful ing no parent for any male infant under the age of twenty-one years, or any female infant under the age of eighteen years, and who shall have no parent living, nor any guardian, by and with the approbation of two justices of the peace of the county in which he or she may reside, to bind himself or herself apprentice as aforesaid, until such infant or male shall arrive at the age of twenty-one years, and if a female to the age of eighteen years, which approbation shall be endorsed on the indenture, and every such indenture shall be valid and binding. Infants, hav or guardian, may bind themselves with the approbation of justices. If the father be SEC. 2. That when the father of any child is not in incapacitated, legal capacity to give the consent aforesaid, the mother of such child shall have the same power to give such consent as if the father was dead. the mother may give consent. Complaint to be made to a justice of the peace by mas SEC. 3. That if any person who shall be bound as aforesaid, shall refuse to serve as an apprentice or servant, according to the terms of indenture made as ter or mistress. aforesaid, then upon the complaint of the master or mistress, to whom such servant or apprentice shall be bound, to any justice of the peace of the county wherein the said refusal shall be made, said justice of the peace shall have power and authority by this act, by warrant under his hand, or otherwise, to send for the person so refusing, and if the said person refuse to serve as an apprentice or servant, to commit Apprentice him or her to the jail of the proper county, there to may be comremain until he or she be contented and will serve as mitted to jail. an apprentice or servant according to the intent and meaning of this act. And to the end that the time Age to be inof the continuance of the service of such apprentice serted in the or servant may the more plainly and certainly appear, the age of every such infant so to be bound apprentice or servant shall be inserted in his or her indenture, and the age of such infant, so inserted in the said indenture (in relation to the continuance of his or her services) shall be taken to be prima facie evidence of his or her true age. indenture. be made to two prentice. SEC. 4. That it shall and may be lawful for any two Complaint to or more justices of the peace in any county, upon any complaint or application by any apprentice or justices by apservant touching or concerning any misusage, refusal of any necessary provisions or clothing, cruelty, or other ill-treatment of or towards such apprentice or servant, by his or her master or mistress, by precept under their hands, to summon such master or mis- Master or mistress to appear before such justices, at a reasonable tress to appear time and place to be named in such summons, and such justices shall and may examine into the matter of such complaint, and upon proof thereof made If the facts upon oath to their satisfaction (whether the master stated in the or mistress be present or not, if service of the sum- proved, apmons be also upon oath proved) the said justices prentice may may discharge such apprentice or servant by warrant be discharged. or certificate under their hands, for which warrant or certificate no fees shall be paid. before them. complaint be court. SEC. 5. That if any person shall think himself Party aggrievaggrieved by such determination, order, or warrant ed may appeal of such justices as aforesaid, (except an order of to the district commitment) such person may appeal to the next district court, to be holden in and for the county where such determination or order shall be made, such person giving six days notice of his intention of bringing such appeal, and of the cause and matter thereof, to such justices of the peace and the parties. concerned, and entering into recognizance within three days after such notice before some justice of the peace of such county, with sufficient surety, conditioned to try such appeal at, and abide the order and judgment of, and pay such costs as shall be awarded by the judge of, said district court; which said. court, upon due proof, upon oath, of such notice Notice and being given, and of entering into such recognizance recognizance. as aforesaid, shall and are hereby directed to proCourt to hear ceed in, and hear, and finally determine the causes and determine and matters of all such appeals, and give and award the matter, and such costs to any of the respective parties as they award costs. in their discretion shall judge proper and reasonable, not exceeding twelve dollars; the same to be levied. by distress and sale of the goods and chattels of such person against whom such determination shall be Its judgment to made, and that their judgments therein shall be final and conclusive to all parties concerned; and if the servant or apprentice shall be found to be delinquent, be delinquent, he or she shall be sentenced by the said court to the term of ser- serve, at its discretion, so much longer time as the court shall deem proper. be final. If apprentice court to extend vice. Controversies ted to arbitration. Parties to sign APPROVED, January 18, 1839. ARBITRATORS AND REFEREES. AN ACT concerning reference to Arbitration, by agreement before a may SEC. 1. All controversies which might be the submay be submit- ject of a personal action at law, or of a suit in equity, be submitted to the decision of one or more arbitrators in the manner provided in this act. SEC. 2. The parties shall appear in person, or by an agreement their lawful agents or attornies, before any justice of before a justice the peace, and shall there sign and acknowledge an agreement, in substance as follows: Know all men, that of ——— and —of- — have agreed to submit the demand, a statement whereof is hereto annexed, [and all other demands between them, as the case may be,] to the determination of of the peace. Form of the agreement. Justices certificate. and, the award of whom, or the greater part of whom, being made and reported within one year from this day to the district court for the county of the judgment thereon shall be final; and if either of the parties shall neglect to appear before the arbitrators, after due notice given them of the time and place appointed for hearing the parties, the arbitrators may proceed in his absence. Dated this day of in the year. And the justice shall subjoin to the said agreement his certificate, in substance as follows: and SS Then the above named personally appeared (or the above named |