personally, and the said , by the said his attorney, appeared, as the case may be) and acknowledged the above instrument, by them signed, to be their free act, before me justice of the

peace.

between the

SEC. 3. If any specific demand is submitted to the Submission of exclusion of others, the demand submitted shall be all demands set forth in the statement annexed to the agreement, parties, or of otherwise it shall not be necessary to annex any any specific destatement of a demand, and the words in the agree- mand. ment relating to such statement may be omitted, and the submission may then be of all demands between the parties, or of all demands which either of them has against the other; or the submission may be varied in this respect in any other manner, according to the agreement of the parties.

SEC. 4. No such agreement to submit all demands What demands shall include any demands but such as might be the shall be includsubject of a personal action at law, or of a suit in ed in the agreeequity.

ment to submit. Submission not

sent of the

SEC. 5. Neither party shall have power to revoke to be revoked a submission, made as herein provided, without the by either party, consent of the other; and if either of them shall without conneglect to appear before the arbitrators, after due other. notice, the arbitrators may nevertheless proceed to If either party hear and determine the cause, upon the evidence neglect to approduced by the other party, as provided in the pear, arbitraagreement of submission.

tors may proceed.

SEC. 6. The time within which the award shall be When the made and reported, may be varied, according to the award shall be agreement of the parties; and no award made after reported. that time shall have any legal effect or operation, unless made upon a recommitment of the award by the court to which it is reported.

of the award.

SEC. 7. The award shall be delivered by one of the Delivery or arbitrators to the court designated in the agreement, transmission or shall be enclosed and sealed by them and transmitted to the court, and shall remain sealed until opened by the clerk.

SEC. 8. The court to which the award is returned Court to have shall have cognizance thereof in like manner, and cognizance like proceedings shall be had thereon, as if it had thereof been made by referees appointed by a rule of the

same court.

SEC. 9. The award may be accepted or rejected by Court may acthe court for any legal and sufficient reason, or it cept or reject may be recommitted to the same arbitrators for a re-hearing by them; and when an award is accepted arbitrators.

award, or recommit to the

If confirmed, and confirmed by the court, judgment shall be renjudgment to be dered thereon in like manner as upon a like award made by referees appointed by a rule of the court, and execution shall issue accordingly.

rendered.

Award may be returned at any session

within the time limited. Par

SEC. 10. The award may be returned at any term or session of the court that shall be held within the time limited in the submission, and the parties shall attend at every such term or session without any ties to attend. express notice for that purpose, in like manner as if an action for the same cause were pending between them in the same court; but the court may require actual notice to be given to either party, when it shall appear to them necessary or proper, before they proceed to act upon the award.

Majority of al

SEC. 11. All the arbitrators shall meet and hear bitrators may the parties, but an award by a majority of them shall be valid, unless the concurrence of the whole be expressly required in the submission.

make award.

Award for

costs, including compensa

tion to arbitrators.

SEC. 12. If there is no provision in the submission concerning the costs of the proceedings, the arbitrators may make such award respecting the costs as they shall judge reasonable, including therein a compensation for their own services; but the court duce compen- may reduce the sum charged for the compensation of the arbitrators if it shall appear to them unreasonable.

Court may re

sation.

Appeal from

district court not allowed,

SEC. 13. No appeal shall be allowed from any order or judgment of the district court, upon any award made under this act, but any party aggrieved but the aggriev- by such judgment may bring a writ of error, for any error in law or fact, as in other cases, and the supreme court shall thereupon render such judgment as the district court ought to have rendered.

ed party may

bring writ of

error.

and in district court.

Fees to justice SEC. 14. The fees of the justice of the peace for of the peace, making out the agreement of submission, and certifying the acknowledgment thereof, shall be fifty cents; and the fees payable in the district court shall equal those for the like services with respect. to an award made under a rule of that court.

Court, on ap

permit liti

gants to refer

the cause to

SEC. 15. Be it further enacted, That whenever it plication, may shall appear in any cause pending in any district court, by the oath of either party, or otherwise, that the trial of the same will require the examination of three persons. a long account on either side, such court may, on application, and by and with the consent of both parties, permit them to enter into an agreement before the court to refer such cause to three persons, naming them in said agreement, which shall be

certified by the clerk, and filed in his office: Provided, Proviso, touchthat if the parties cannot agree on the third person, ing the third the court may name him.

person.

the course here

SEC. 16. The like course shall be had with the Awards of reaward of such referees, as herein directed for arbi- ferees to take trators awards, and both referees and arbitrators shall in directed for have power to adjourn, from time to time, on good those of arbicause shown, and any one of them may administer trators. the necessary oaths to witnesses. Subpoenas for wit- Adjournments. nesses before referees shall issue from the district Oaths. Subpœnas. Costs court as in other cases; before arbitrators from a of reference. justice of the peace. The costs of reference shall

be taxed as other costs of suit, and, if not otherwise provided for, may be determined by the district court. APPROVED, January 25, 1839.

ATTACHMENTS.

AN ACT allowing and regulating writs of attachment.

filed contain

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That when writ of attachany action founded on contract shall have been com- ment to issue menced, or shall be about to be commenced, in the upon affidavit district court in any county in this Territory, either ing certain reby summons or capias, a writ of attachment shall be quisites. issued by the clerk of said court upon an affidavit being filed in his office containing the following requisites.

ist. It must state that something is due from the defendant to the plaintiff, and as nearly as practicable the exact amount.

2nd. It must state that (as deponent verily believes) the said debtor is a non-resident of the Territory, or that he is in some manner about to dispose of or remove his property with intent to defraud his creditors, or that he has absconded so that the ordinary process cannot be served upon him.

SEC. 2. The said writ may also be issued in actions Other cases in ex delicto in cases where bail has been ordered and a which the writ capias issued thereon, provided an affidavit shall be may issue. filed in the manner above directed stating the truth

of one of the three requisites specified under the

second head of the preceding section.

SEC. 3. In such cases the amount in which the Amount of bail defendant is to be held to bail shall be substituted to be substitutin every instance for the amount sworn to be due, as required in section first. In other respects the pro

ed for the sum due.

Bond to be filed before writ shall issue in any case.

To be quashed

at costs of

ceedings shall be the same as in actions founded on

contract.

SEC. 4. Such writs of attachment however shall not issue in any case until there shall also be filed in the office of said clerk a bond, with sufficient sureties, to be by him approved, conditioned that the plaintiff shall pay any damages and costs which may be awarded to the defendant in any suit which said defendant may bring on said bond for damages sustained by a wrongful suing out of such writ of attach

ment.

SEC. 5. If any clerk shall issue a writ of attachment without such affidavit and bond filed as aforeclerk if issued said, such writ shall be quashed at the costs of said clerk.

without affi

davit and bond. Service of the writ.

Property attached.

Inventory and

SEC. 6. The officer to whom the writ of attachment is directed shall, by virtue thereof, in presence of two citizens of the Territory possessing the qualifications of jurors, attach any of the lands, tenements, goods, chattels, rights, credits, moneys, or effects of the said debtor which may be found in his county, in whose hands soever the same may be, or so much thereof as shall be sufficient to pay the debt sworn to as aforesaid, together with the interest and costs of suit.

SEC. 7. The said officer, together with the two citappraisement. izens aforesaid, (who shall be under oath or affirmation to be by him administered) shall make a true inventory and appraisement of all the property so by him attached, which inventory and appraisement shall be signed by the officer and citizens aforesaid, and shall be annexed to and returned with said writ. The property attached shall be bound from the time of serving the writ as aforesaid.

Right of any

tested by a

jury.

SEC. 8. Where the property attached shall be claimant to be claimed by some person other than the defendant, the right of such claimant shall be tested by a jury, summoned by a justice of the peace in the same manner as is prescribed in like cases where property taken in execution is claimed by some stranger to the suit.

Officer may re

SEC. 9. The officer may relinquish or retain said lease or retain property according as the jury find for or against the title of said claimant thereto. Such verdict however shall not be conclusive against either of the parties interested, but the same proceedings may be instituted to obtain the property, or a compensation

according to verdict. Verdict not conclusive against the parties.

therefor, as though the trial above provided for had not taken place.

SEC. 10. The property attached shall remain in Property may the hands or care of the officer who served the writ be replevied. to abide the judgment of the court, unless the defendant, or some other person, wishing to replevy the same, shall give bond in double the appraised value of said property, with two sufficient sureties, residents of said county, made payable to the plaintiff in the suit, and conditioned that said property or its appraised value shall be forthcoming to answer the judgment of the court in said suit.

SEC. 11. Such bond shall be filed in the office of Bond to be the clerk who issued the said writ of attachment, and filed. upon a breach of the condition thereof the plaintiff may bring his action of debt thereon for his own benefit.

ty lost by acci

dent, &c.

SEC. 12. Should the property attached, or any por- No infraction tion thereof, be lost or destroyed by unavoidable of the condiaccident, or without negligence, the condition of tion, if propersaid bond shall not be deemed to have been broken. SEC. 13. If the sheriff release the property with- Sheriff liable, out taking a sufficient bond, he shall be liable to the if he fail to plaintiff (in case judgment be rendered against the take sufficient defendant) for the appraised value of the property attached, or so much thereof as will satisfy said judgment.

bond.

perishable na

SEC. 14. Whenever goods are attached which, in When the prothe opinion of the officer having possession thereof, perty attached are in danger of immediate waste or decay, such shall be of a officer shall summon three inhabitants of the county, ture, having the qualifications of jurors, to examine the same. If these persons shall certify that in their opinion such goods are of a perishable nature, they shall specify a certain day beyond which they would not deem it prudent for such goods to remain in the custody of said officer. And thereupon immediately Authority to such officer shall post up notices at the court house sell. and two other public places in his county, stating that, at the time so fixed and at a place to be named in

said notices, he will sell said goods at public auction, which sale shall take place accordingly.

SEC. 15. The money arising from such sale shall Sheriff acremain in the hands of the sheriff, there to abide the countable for the proceeds event of the suit, for which money he shall be accountable.

SEC. 16.

Upon affidavit filed in the office of the Garnishee to clerk who issued the writ of attachment aforesaid, at be summoned.