shall not exceed the jurisdiction of a justice of the have cognipeace. zance. SEC. 13. In all their proceedings justices of the Proceedings peace shall conform to the provisions of the law before justice governing justices courts, and as near as may be to of the peace. the provisions of this act as apply in the district court. SEC. 14. Each warrant issued by a justice of the On return of peace under this act shall be returnable forthwith, warrant, jusand upon the return of such warrant it shall be the tice to hear duty of the justice of the peace to hear and deter- complaint. mine the complaint of the plaintiff in a summary manner. and determine SEC. 15. All warrants issued by this act shall be Warrants to served and returned as writs of attachment are served be served, &c., and returned. as writs of attachment. Such part or SEC. 16. Whenever an order of sale shall be made for the sale of a boat or vessel, with its tackle, interest in boat apparel, and furniture, the sheriff or constable shall &c., to be sold have power to sell such part thereof, or such interest therein, as shall be necessary to satisfy the amount of the judgment rendered in favor of the plaintiff, and all the costs that may have accrued. as will satisfy judgment and costs. court may SEC. 17. Upon good and sufficient cause shown by On good cause the master, owner, agent, or consignee of any boat shown by masor vessel sued under this act, the court, or justice of ter, owner, &c., the peace, may grant continuance of the cause, but no such continuance shall operate as a discharge of ance. such boat or vessel from the custody of the sheriff Not to operate or constable. SEC. 18. No continuance of a cause under this act shall be granted to the plaintiff. grant continu as a discharge. No continu ance to be granted to SEC. 19. Sheriffs, constables, and other officers, plaintiff shall receive the same fees and compensation fo Officers' fees. their services under this act as are allowed them in cases of suits of attachment. out writ of error. SEC. 20. In all cases arising under this act, if judg- Master, owner, ment shall have been rendered in favor of the plain. &c., may aptiff, the master, owner, agent, or consignee of the peal, or sue boat or vessel, or other person interested, may appeal from the judgment by giving bond and security in double the amount sued for, or sue out a writ of error as if they or either of them had been sued. SEC. 21. All actions against a boat or vessel, under Limitation of the provisions of this act, shall be commenced and actions. sued within one year after the cause of such action shall have accrued. To take effect and be in force from and after its passage. APPROVED, December 20, 1838. What instruments shall be deemed valid and binding. Security may be by bond, unless otherwise directed. BONDS, &c. AN ACT in relation to Bonds and other securities. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any instrument under seal, fully and freely executed and delivered, shall be deemed valid and binding, according to the fair intent and meaning thereof, in all cases not otherwise declared by express statute, unless the execution or delivery of such instrument shall have been obtained by fraud or for an unlawful purpose. SEC. 2. Where a statute requires security to be given for any purpose whatever, such security, unless otherwise directed, may be by bond, with sufficient sureties, made payable to the clerk of the district court of the county where the same shall be executed, for the use of the persons intended to be thereby secured, and shall be filed in the office of said clerk. SEC. 3. Where not otherwise provided, any person, for whose benefit or security a bond or other instrubreach of cove- ment shall have been executed, may, upon a breach of any of the covenants or conditions thereof, maintain an action at law to recover the damages he may have sustained in the premises. Action for damages on nant, &c. County com maintain ac SEC. 4. If such instrument shall have been intended missioner may for the security of the public in its corporate or political capacity, the county commissioners of the county where the same shall have been filed as aforesaid may maintain said action for the use of their county. tion. In what name SEC. 5. In any of the above mentioned cases, the action may be action may be prosecuted in the name of the person to whom the said bond shall have been made payable, and for the use of the actual party in interest. prosecuted. Clerk to fur nish certified copy of bond. Provisions of SEC. 6. The said clerk of the district court shall furnish a certified copy of said bond to any person applying therefor, upon his paying for such copy at the rate of twenty cents for every folio of one hundred words therein contained. SEC. 7. Although cases may present themselves this act to be wherein some particulars herein contained may be pursued as far contravened by statutory enactments, still in other respects, even under such circumstances, the above directions may as far as practicable be pursued. as practicable. Rights saved. SEC. 8. Nothing herein contained shall be construed to render invalid any instrument which would otherwise have been of binding efficacy, nor to prohibit any course of proceeding which would have been BURLINGTON. AN ACT to improve the Police of the City of Burlington. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the regu- Constables to larly elected or appointed constables, residing within be always vigithe corporate limits of the city of Burlington, shall lant. at all times be vigilant in maintaining or preserving Shall aid the the peace, order, and quiet of said city, and shall aid mayor in mainand assist the mayor of said city to maintain and taining peace. preserve the same, subject to punishment for omission duty, a misof duty as for a misdemeanor. Omission of demeanor. SEC. 2. The mayor and aldermen shall allow such Compensation constables, for their services, such compensation out for services to of the funds of said city treasury as shall be suitable be suitable and and proper. proper. SEC. 3. It shall be lawful for the mayor and alder- Unpaid taxes, men, at any of their sessions, to direct the recorder to another. of said city to make out a list of all the tax due and unpaid in any particular year, and add and transfer To be added the same to the tax roll for the succeeding year; and and transferred it is hereby made the duty of the marshal to collect from one year the same in the manner as other taxes are now col- Duty of city lected, agreeably to the act entitled "An act to in- marshal. corporate the city of Burlington," approved January nineteenth, one thousand eight hundred and thirtyeight. APPROVED, January 24, 1839. CONSTABLES. AN ACT for the Election of Constables, and defining their duties. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Election of shall be elected, at each annual election in each or- constables to be annual. ganized county in this Territory, a number of con- Their number stables equal to the number of magistrates appointed in each counin each county in this Territory, who shall continue ty. in office one year and until their successors are Proviso. Oath to be stable. elected and duly qualified: Provided, that if a vacancy shall happen. the county commissioners may fill such vacancy by appointment. SEC. 2. Every constable, before he enters upon the taken by con- discharge of the duties of his said office, shall take the following oath or affirmation: "I do solemnly swear (or affirm as the case may be) that I will faithfully discharge the duties of constable within the county of according to the best of my abilities, and that I will well and truly pay over to the proper person all monies which may come into my hands as such constable," which oath or affirmation shall be Before whom taken before any clerk or judge of the district court, or before a justice of the peace of said county, and the person administering such oath shall make out a Certificate of certificate thereof and cause it to be filed in the oath to be filed. Office of the clerk of the board of county commissioners of the proper county. taken. Constable's bond. ty. Penal sum. SEC. 3. It shall be the duty of every constable previous to taking the oath aforesaid to execute to the acceptance of the board of county commissioners Kind of securi- a bond with good and sufficient freehold security payable to the county treasurer, and his successors in office in the penal sum of five hundred dollars conditioned for the faithful performance and discharge of the duties of his office as constable, and for the safe keeping and paying over, according to law, to the proper person all sums of money that may come into his hands by virtue of his said office, which bond shall be filed by the clerk of the board of county commissioners as aforesaid, for the benefit of each and every person, or persons, bodies politic or corporate, who may sustain injury by reason of the official conduct of such constable, which bond shall not be void on the first vacancy, but may be put in suit from time to time, at the instance, and for the benefit of any party injured, as often as the condition thereof may be broken. Bond to be filed. For whose benefit. May be put in suit from time to time. Constable failing to give bond and qualify within twenty days, office to be va cated. How such va cancy to be filled. Duties of constables. SEC. 4. If any constable shall not within twenty days after receiving his certificate of election take the oath, and give bond as aforesaid, the said constable shall not be permitted after that time to be qualified or to take his said office, but the said office shall be considered as vacant, and shall be filled by the board of county commissioners as in this act provided. SEC. 5. It shall be the duty of every constable to apprehend and bring to justice all felons and dis turbers of the peace; to suppress all riots and unlawful assemblies and in other respects to keep the peace in the county wherein he shall have been elected, and also to serve and execute all warrants, writs, precepts and other process to him lawfully directed and in all respects to do and perform all things appertaining to the office of constable within this Territory. APPROVED, January 24th, 1839. CONSTRUCTION OF STATUTES. AN ACT concerning the Construction of Statutes. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all laws Laws to be shall be promulgated by being printed and published printed and under the authority of the governor and legislative published by assembly in such manner as they shall direct. authority. SEC. 2. All acts of incorporation shall be deemed Acts of incorpublic acts and as such may be declared on, and poration. given in evidence, without specially pleading the Pleadings and same. evidence. Statutes to take SEC. 3. Every statute shall take effect at the same effect at the time throughout the Territory. same time, Territory, SEC. 4. Every statute, which does not expressly throughout the prescribe the time when it shall go into operation, And in 30 days shall take effect on the thirtieth day next after the after their apday on which it shall have been approved by the proval, unless governor, or otherwise passed and approved con- otherwise preformably to the provisions of the constitution. scribed. SEC. 5. In the construction of all statutes the fol- Rules for the lowing rules shall be observed, unless such construc- construction of tion would be inconsistent with the manifest intent statutes. of the legislature, or repugnant to the context of the same statute; that is to say Intent of the First. All words and phrases shall be construed Approved and understood according to the connection and usage. approved usage of the language, but technical words Technical and phrases and such others as may have acquired a phrases. peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar Construction. and appropriate meaning. Second. Every word importing the singular number Number. only, may extend and be applied to several persons Persons. or things as well as to one person or thing, and every |