Rights saved. boat, within the term of twelve months, from and after the passage of this act. SEC. 3. Provided also, That nothing in this act shall be so construed as to interfere with the right that any individual may have to the lands on either side of said river. APPROVED, January 25, 1839. Madison. Limits. FERRIES. AN ACT to establish a ferry across the Mississippi river, at Fort Madison. SEC. 1. Be it enacted by the Council and House of Ferry at Fort Representatives of the Territory of Iowa, That Joseph Webster, his heirs and assigns, be and they are hereby authorized to establish and keep a ferry across the Mississippi river, at the town of Fort Madison, within the following limits, viz: commencing on the west side of the street below Elm street, and with the course of said river two miles down the same; and that the said Webster, his heirs and assigns, have the exclusive privilege of ferrying within the above limits for the term of ten years, from and after the passage of this act: Provided, That said ferry shall be subject to the same regulations and restrictions as other ferries are, or may be hereafter, by law in this Territory, fixing the rates of tolls, and prescribing the manner in which licensed ferries shall be kept. Exclusive privilege for ten years. Horse or steam kept. SEC. 2. And be it further enacted, That the said ferry boat to be Joseph Webster, his heirs or assigns, shall keep, or cause to be kept, within the term of one year, at the place aforesaid, a good and sufficient boat or boats, to be propelled by horse or steam power, for the safe conveyance of persons and their property across said river, without delay; and until said steam or horse ferry boat shall be provided as aforesaid, there shall be kept at said ferry a good and sufficient flat .boat or boats, with a sufficient number of hands to work the same, for the conveyance of all persons and their property across said river as aforesaid. For any viola SEC. 3. And be it further enacted, That should the tion of the act law regulating ferries in any way be violated, and proof be made to the satisfaction of any court of competent jurisdiction, then the above charter, so violated, shall be declared void, and said ferry shall to regulate ferries, charter to be void. thereafter be disposed of as other ferries are under the laws regulating ferries: Provided, That nothing in Rights saved. this act shall be so construed as to interfere with the right that any individual may have on either side of said river. APPROVED, January 25, 1839. FORCIBLE ENTRY AND DETAINER. AN ACT to prevent forcible entry and detainer. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That no per- Fine for forcison or persons shall hereafter make any entry into ble entry. lands, tenements, or other possessions, but in cases where entry is given by law; and in such cases not with strong hand, nor with multitude of people, but only in a peaceable and easy manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine. within the. meaning of SEC. 2. If any person shall enter upon or into any Forcible entry land, tenements, or other possessions, and detain and detainer and hold the same with force or strong hand, or with weapons, or breaking open the doors or windows, or this act. other part of a house, whether any person be in or not, or by threatening to kill, maim, or beat the party in possession, or by such words or actions as have a natural tendency to excite fear, or apprehension of danger, or by putting out of door, or conveying away the goods of the party in possession, or by entering peaceably and then turning out by force, or frightening by threats or other circumstances of terror, or in any other way that would be a forcible entry or detainer at common law, the party out of possession, in such case every person so offending shall be deemed guilty of a forcible entry and detainer within the meaning of this act. SEC. 3. That a justice of the peace shall have Authority to authority to enquire by jury, as hereafter directed, enquire byjury. as well against those who make unlawful and forcible entry into lands, tenements, or other possessions, and with strong hand detain the same, as against those who, having lawful and peaceable entry into lands, tenements, and other possessions, unlawfully and by force detain the same, and if it be found Restitution. Mode of pro ceeding in ca ses of forcible entry and de tainer. upon such enquiry that an unlawful and forcible entry hath been made, and that the same lands, tenements, and other possessions are held and detained by force and strong hand, or that the same, after a lawful entry, are held unlawfully and with force and with strong hand, then such justice shall cause the party complaining to have restitution thereof. SEC. 4. That when any complaint shall be formally made, in writing, to any justice of the peace of the proper county, signed by the party aggrieved, his agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and detained, by whom and when done, it shall be the duty of the said justice to issue his summons, directed to the sheriff or any constable of his county, commanding him to summon the person or persons, against whom the complaint is made, to appear before such justice, at a time and place to be stated in such summons, not more than twelve, nor less than six days from the time of issuing such summons, and which shall be served at least five days before the return day thereof, by reading the same to the defendant, or leaving a copy at his place of abode, and the said justice. shall also issue a precept to the sheriff, or any constable, commanding him to cause to come before him, the said justice, twelve discreet men of lawful age, and who shall be qualified to serve as jurors on trials in the district courts of the vicinity, at the same time and place appointed for the trial or hearing of the said complaint, and if a sufficient number of persons summoned do not appear, the said justice may order the sheriff or constable to complete the number by returning others forthwith, and the jury empaneled shall be sworn well and truly to try the forcible entry or detainer complained of, and to return a true verdict thereof. And if the jury, after a full hearing, find the person, against whom the complaint is made, guilty of the forcible entry or detainer complained of, they shall all sign their verdict, and deliver the same to the said justice, who shall thereupon enter judgment for the complainant to have restitution of the premises, and shall impose such fine, not exceeding fifty dollars, considering all the circumstances, as he may deem just, and shall tax the costs for the complainant, and may commit the person, against whom judgment is so entered, until the fine and costs be paid, and the said justice shall award a writ of restitution. But if the jury find that the person complained of is not guilty, the complaint in their opinion not being supported, the said justice shall tax the costs against the complainant, and issue execution accordingly. SEC. 5. And if the jury, summoned and empaneled When jury may as aforesaid, cannot agree upon a verdict, the justice, be discharged. before whom the trial is pending, may discharge the same, if in his opinion they are not likely to agree upon a verdict, and issue a summons, returnable forthwith, for the purpose of empaneling a new jury. SEC. 6. The sheriff or constable shall return to the Return of prosaid justice the summons and precept, as aforesaid, cess. on the day assigned for trial, and shall state on the back of said summons how the same was served, and on the back of said precept a list of the names of the jurors. And if the defendant do not appear, the If defendant do justice shall proceed to try the said cause ex parte, not appear, trior may in his discretion postpone the trial for a time al ex parte. not exceeding ten days. And the said justice shall also issue subpoenas for witnesses, and proceed in the trial of said cause as in other cases of trial by jury. SEC. 7. That the complainant of any forcible entry Treble damaor detainer as aforesaid, who shall recover against ges by action the person complained of as aforesaid, shall also be of trespass. entitled to recover treble damages, with costs of suit, by an action of trespass against the offender or offenders, to be brought before the court having jurisdiction thereof: Provided always, That nothing in To what case the foregoing part of this act shall be construed to foregoing proextend to any person or persons who have had the visions shall quiet, peaceable, and uninterrupted occupation of any lands, tenements, or other possessions, otherwise than by demise or lease, for the period of three whole years next before the entering of such complaint, anything in this act to the contrary notwithstanding. not extend. SEC. 8. That when any person shall wilfully and Proceedings with force hold over any lands, tenements, or other against persons possessions, after the termination of the time for holding over. which they are demised or let to him or her, or to the person under whom he or she claims, or contrary to the conditions or covenant of the lease or agreement under which he, she, or they hold or holds; or when any person wrongfully, or without force, by disseizing, shall obtain and continue in possession of any lands, tenements, or other possessions, and after demand made in writing for the delivery of the possession thereof, by the person having the legal right of such possession, his agent or attorney, shall refuse Proviso. Cases to which the preceding section is not to extend. Action of tres pass. Party aggriev to district court. Proviso. or neglect to quit such possession, upon complaint thereof to a justice of the peace, said justice shall proceed to hear, try, and determine the same in like manner as in cases of forcible entry and detainer, and issue a writ of restitution accordingly: Provided always, That the justice shall have no power to assess a fine on the party complained of. SEC. 9. That the preceding section shall not extend to any person who has or shall have continued in possession three years, after the termination of the time for which the premises were demised or let to him, or her, or those under whom he or she claims; or to any person who continues in possession three years, quietly and peaceably, by disseizure, anything therein contained to the contrary notwithstanding. SEC. 10. That the complainant shall be entitled to an action of trespass against the person complained of, and who shall be found guilty on the trial, and may recover treble damages from the time of notice given to quit the premises, and until that time damages only. SEC. 11. If either party shall feel aggrieved by the ed may appeal verdict of the jury, or the decision of the question, on any trial had under this act, such party, within twenty days thereof, may have an appeal to the district court, to be obtained in the same manner, and tried in the same way, as appeals from justices of the peace in other cases: Provided, however, That in no case shall an appeal operate as a supersedeas to any writ of restitution that may be issued by said justice; and the district court, on giving judgment for the appellant, shall award a writ of restitution, and execution for costs, including the costs before the justice; and if judgment be for the defendant, he shall recover costs in like manner, and have execution for the same. APPROVED, January 25, 1839. Gambling GAMING. AN ACT to prevent and punish gambling. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all debts collecta- promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, or entered into, ble. |