Service of summons.

Plaintiff, &c., dying before

her, or their part performed, or stand ready to perform, the condition of such bond, covenant, or contract made with the deceased, the said court may (after due notice to all concerned shall have been given, by personal service of summons, if such persons concerned reside in the county wherein such representation is made, and if such persons concerned shall not reside in such county, then by an advertisement, printed in the nearest newspaper of general circulation, for six weeks successively) grant license to, and empower the executors or administrators of such deceased obligor, covenantor, or contractor, to make and execute such conveyance or conveyances, to such person or persons contracted with as aforesaid, as it shall appear the said obligor, covenantor, or contractor, would by his bond, covenant, or contract, be obliged to make and execute, in case he, she, or they were living at the time of the performance of the conditions of the bond, warrant, or contract, by the contractors on their part making reasonable allowance for any alterations, improvements, or injuries, that may be made or done in the same estate since such contract was made, as the said court may award; which conveyance or conveyances, when duly acknowledged, and recorded in the registry of deeds for the county where such estate shall lie, shall be good and valid, and the moneys or consideration paid for such estate, if not paid to the deceased contractor during his lifetime, shall be assets in the hands of the said executors or administrators, and be apportioned among the representatives of the deceased: Provided, That the summons, in this section mentioned, shall be served upon the persons concerned at least thirty days before the term of the court at which such license or power is granted as aforesaid.

SEC. 133. In all actions now or hereafter pending in the supreme court or any of the district courts in judgment, exe- this Territory, by appeal, continuance, or otherwise, cutor or admin- if the plaintiff or defendant, appellant or appellee, a party to the complainant or respondent, shall die before final

istrator may be

suit.

judgment, the executor or administrator of such deceased person (in case the cause of action doth in law survive), may, upon motion, and suggesting the death of the deceased, become a party to such suit, and shall have full power to prosecute or defend such suit to final judgment; and if the executor or administrator of such deceased party, after taking upon himself the trust, shall neglect or refuse to become

a party to the suit, the court, before whom such cause
shall be pending, may enter up judgment against the
goods and estate of the deceased party, in the same
way and manner as judgment might have been, in
case the executor or administrator had voluntarily,
after such death, made himself a party to the suit:
Provided, always, That such executor or administra- Notice.
tor be duly served with a notification from the clerk
of the court, where such suit is pending, fourteen
days beforehand.

when this act

SEC. 134. In all cases where executors and admin- Administraistrators have been heretofore appointed, and who tions, &c., not shall not have completed their respective administra-completed tions or executorships before this act shall take shall take efeffect, such executors or administrators shall be fect. deemed to be within the provisions of this act, in relation to the revocation of their powers, giving of new or additional bonds, bonds to save securities harmless, and in relation to the payment of debts to creditors, and the remainder of the estate to distributees, and in relation to performance of their duties generally, wherever the provisions of this act shall be deemed applicable: and the courts of probate, in such cases, shall cause the settlements to be made, and the administration completed, according to the rules and regulations herein prescribed, without delay: Provided, That no executor or adminis- Proviso. trator shall be liable for any act done or performed by him, as such, in conformity with the existing laws, or such laws as may be in force at the time this act takes effect.

SEC. 135. That after the taking effect of this act, Repealing all acts, and parts of acts, coming within the purview, clause. or conflicting with this act, are hereby repealed.

SEC. 136. This act to take effect from and after the first day of May next.

APPROVED, January 25, 1839.

WORSHIPING CONGREGATIONS.

AN ACT to preserve good order in all worshiping congregations in this
Territory.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any How the misperson who shall, by menace, profane swearing, demeanor,

herein men- vulgar language, or any disorderly, or immoral contioned, may be duct, interrupt and disturb any congregation, or colcommitted. lection of citizens assembled together for the pur

within what

distance; ex

ception, as to

pose of worshiping Almighty God, or who shall sell, Selling liquors, or attempt to sell, or otherwise dispose of, ardent spirits, or liquors, or any article which will tend to disturb any worshiping congregation, or collectavern keepers. tion of people, within two miles of such place, unless the person, so selling, or disposing of said spirituous liquors, or articles, shall be regularly licensed to keep a tavern, or grocery, and shall sell the same at his said tavern, or grocery, to travelers, any person so offending shall be deemed guilty of a high misdemeanor, and upon conviction, shall be fined in any sum not exceeding fifty dollars.

Penalty.

Jurisdiction, and duty of

SEC. 2. Justices of the peace respectively, in their several counties, shall have jurisdiction of the aforejustices of the said offence, and may, on view, or upon information, on oath, cause every such person, having offended as aforesaid, to be apprehended and brought before him, to answer such charge.

peace.

Defendant may have a

of six, or

twelve men.

fine, on conviction, or plea of guilty.

SEC. 3. Any person who shall be accused as aforesaid, if he choose it, shall have the cause tried by a trial, by jury, jury, of six lawful jurors, and, if he shall insist, by a full jury of twelve, who shall be summoned to try the cause, and if the jury shall find the accused Discretion of guilty, they shall assess and state the amount of the jury, as to the fine, not more than is stated in the first section of this act, upon which the justice, before whom the trial shall be had, or in case the person shall plead guilty, shall give judgment for fine, and costs, and proceed to collect the same, without delay, and when said fine shall be required), to pay it over, without delay, to the treasurer of the proper county, taking his receipt therefor, and which receipt shall which it shall be filed with the clerk of the board of county be appropria- commissioners, after which the said fine, or fines, which may be thus deposited, shall be subject to the control of said court, and appropriated to the education of any poor orphan child, or children, of the proper county.

Collection of the fine; with whom deposit

ed, and the purpose to

ted.

Appeal to the

allowed.

SEC. 4. Any person, who may consider himself, or district court, herself aggrieved by the judgment of the justice, may appeal to the district court of the county, and may remove the same, as in cases of assault and battery. APPROVED, January 24, 1839.

RESOLUTIONS.

RESOLUTION-No. 1.

compensation,

Resolved, That Messrs. Clarke and McKenney, pub- Provisions for lishers of the Territorial Gazette in this city, be em- the employployed to publish the journal of the proceedings of ment, and the House of Representatives in pamphlet form, and of Territorial that they be paid the same prices as are paid to the printers, for printers of Congress for such work. And that Rus- the session of sell and Reeves, of Du Buque, be employed to print 1838-'39. the Laws passed at the present session on the same terms, and that the said Russell and Reeves be required to enter into bonds, with good and sufficient Bond and sesecurity, to the Secretary of the Territory, in the curity. sum of five thousand dollars, to have the same ready for delivery on the first day of May, A. D. 1839. APPROVED, November 27, 1838.

No. 2.

affairs of the

tee.

Resolved, by the Council and House of Representa- Committee to tives of the Territory of Iowa, That a committee of examine the one member of the Council, and two members of the Miners' Bank House of Representatives, shall be appointed, to of Du Buque, repair, forthwith, to the Miners' Bank of Du Buque, and the powers in this Territory, and then, and there, proceed to and duties of examine all the books, papers, accounts, certificates, said commitand the amount of silver, gold, and bankable paper, and other money in the vaults of said Bank; also, the amount of money on deposit, and every other act, or acts, of said bank, which relates, or may relate, in any manner, to the fiscal management of the same: And the said committee, who shall be appointed under this resolution, are hereby empowered and authorized to examine, under oath, to be administered by the chairman of said committee, the President, Cashier, or any other officer of said bank, upon any matter which may relate, in any way, to the management of the same; and if the said President, Cashier, or other officer, to whom an oath shall be administered, as aforesaid, shall swear, or affirm

Report.

falsely, in answer to any interrogatories propounded by said committee, or to any affidavit required by said committee, such President, Cashier, or other officer, shall be deemed to have committed the crime of perjury, and shall be punished as the laws of this Territory require: And the said committee shall have power to send for persons and papers, and examine such person, or persons, under oath, administered as aforesaid, and after such committee have examined the condition, and affairs of said Bank, as herein directed, they shall, as soon as possible, report the same to the Council and House of Representatives of this Territory.

APPROVED, November 29, 1838.

Territorial seal.

No. 3.

Resolved, by the Council and House of Representatives of the Territory of Iowa, That the seal, submitted to the Legislative Assembly, by the Secretary of the Territory, be adopted as the great seal of the Territory of Iowa.

APPROVED, January 4, 1839.

Enacting clause.

No. 4.

Resolved, (the Council concurring herein,) That the enacting clause of all laws passed, by the Legislative Assembly of Iowa, shall be as follows: "Be it enacted by the Council and House of Representatives of the Territory of Iowa."

APPROVED, January 4, 1839.

Seals for the

courts of coun

No. 5.

Resolved, by the Council and House of Representatives of the Territory of lowa, That the Secretary supreme court. of the Territory is hereby empowered and authordistrict courts, ized, to employ Mr. Wm. Wagner, forthwith, to ty commission-engrave an appropriate seal for the supreme court ers, and courts of this Territory, also a seal for the United States district court, in each county, where said court has been, or may be organized, during the present session of the Legislature, also, a seal for the county

of probate.