one year, which shall authorize such person, or persons, to vend and peddle clocks within the county for the time specified in such license. The person, or Non-residents, persons, so applying, shall pay a sum not less than and residents. twenty-five, nor more than seventy-five dollars per quarter of a year for the use of the county, but any resident in this Territory may sell, or peddle, without license, any articles not prohibited by law, except Clocks exceptclocks, if such articles shall have been produced or ed. manufactured within this Territory, by the person selling, or peddling the same. cial license. SEC. 45. In all cases, when the said board of com- When clerk missioners shall not be in session when application may grant a is about to be made for a license as aforesaid, it shall permit, or spebe lawful for the clerk of such board to grant a written permission to such applicant, or applicants, to vend, sell and retail goods, wares and merchandise, as aforesaid, until the next meeting of said board of county commissioners, to be holden after the granting of such permit, and for one year from the date thereof, if the said board of commissioners, at their said next meeting, shall, upon examination and consideration, approve the same: Provided, Such appli- Proviso, as to cant, or applicants, shall first pay into the county payment. treasury, for the use aforesaid, such sum as the said clerk, in his discretion, shall direct, in conformity with the rate prescribed in the foregoing section, and as shall be usual in similar cases, for each of which permits, or licenses, when granted, the clerk shall receive one dollar to be paid by such applicant. SEC. 46. When a permission is granted, by the Duty of comclerk in vacation, as aforesaid, it shall be the duty of missioners, as the board of commissioners, at their next session to permits, granted by thereafter, to examine such permit, and to proceed, their clerk. forthwith, to assess the amount of the tax to be paid in such case, as in the case of an original application, and if the tax, thus assessed, correspond with the amount fixed by the clerk, as aforesaid, they shall cause a license to be issued to the applicant, or applicants, for the term of one year, commencing with the date of the permit: If a greater sum shall be assessed than that fixed by the clerk, the applicant, or applicants, shall forthwith be required to pay over the residue to the county treasurer, under the penalty of forfeiting the amount already paid, and of his Forfeiture. having his, her, or their permit revoked; but if a less sum shall be assessed, it shall be the duty of the board of commissioners, to order a warrant to be Overplus. Penalties for license; and how, by, and before whom, recoverable. drawn on the treasurer, in favor of such applicant, or applicants, for the overplus, payable out of any money in the county treasury, not otherwise appropriated. SEC. 47 If any store keeper, merchant, pedlar, selling without company, or corporation, keep a store, or shall sell or retail any goods, wares, or merchandise, (except as herein before excepted,) without being duly authorized by a license, or permit, as aforesaid, such person, or persons, company, or corporation, so offending, shall forfeit and pay any sum not exceeding one hundred dollars, nor less than ten dollars; to be recovered by action of debt, in the name of the board of commissioners of the proper county, for the use of the county, before any justice of the peace, or court of record, having jurisdiction of the same, in all of which cases it shall be the duty of the county commissioners, sheriffs, coroners, justices of the peace, and clerks of the several courts in this Territory, and lawful for any other person, or persons, in case of their neglect, to cause such offenders to be sued, and the suit, or suits, prosecuted to effect, and bail may be required, in such cases, without affidavit, if the court, or justice, in their discretion, shall deem the same necessary, to secure the county in the ultimate payment of any such penalty. Applications preliminary rec'pt from treasurer. SEC. 48. That no person, or persons, applying for for license, and a license, or permit, shall be entitled to the same, until he, she, or they file with the clerk of the board of commissions, a receipt from the county treasurer, for the amount ordered to be paid by such applicant, agreeable to the provisions of this act, and such receipt shall be charged in account against said treasurer, on the books of said board of commissioners. APPROVED, January 24, 1839. 5 per cent. of of taxes, in REVENUE. AN ACT to provide for a Territorial Revenue. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of lowa. That, for the the gross am't purpose of raising a Territorial revenue, to defray the expenses authorized by law to be paid out of the Territorial Treasury, it shall be the duty of the ted for Territo-County commissioners of each of the counties of this rial purposes. Territory, at the time of the filing of the assessment each county, to be appropria roll, to deduct from the gross amount of taxes there charged, five per cent. to be set apart, by the said county commissioners, as a debt due from said county to the Territory. as to duplicate. SEC. 2. The county commissioners shall furnish Duty of county the Treasurer of the Territory, immediately after commissioners, the same may be filed, with a copy of the duplicate for their respective counties, for the current year, together with the sum which will be due from said county to the Territory, for that year. paid over, on draft. Treasurer, SEC. 3. The first moneys which may be returned Money to be by the collector, collected from the duplicate of any retained, and year, to the amount due the Territory for that year, from the county, shall be retained by the Treasurer of each county for the use of the Territory, and the county treasurers shall pay over the same upon the drafts or warrant of the Treasurer of the Territory. SEC. 4. The duties, herein enjoined upon the Official bonds county treasurers, shall be so considered, that a de- of county parture therefrom shall be deemed a breach of the their duties, conditions of their official bonds, so that they, and their securities, shall be liable to the Territory for any loss which may accrue therefrom; and any Damages charcounty treasurer who shall dishonor, or refuse to pay, ged at 50 per the drafts of the Territorial Treasurer, for any money which may be in his hands, and due from said county, at the time, to the Territory, shall be amerced in damages of fifty per cent. APPROVED, January 25, 1839. &c. cent. RIGHT. AN ACT to allow and regulate the action of right. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That hereafter Action of right, the proper remedy for recovering any interest in for interest in lands, tenements, or hereditaments, shall be by an lands, &c. action of right. SEC. 2. No person shall recover in this action, un- What right is less, at the time of commencing it, he shall have had required therea valid subsisting interest in the property claimed, in. and the right to recover the immediate possession thereof. SEC. 3. The action shall be brought in the district Action where court of the county where the property claimed is bro't, and how. situated. It shall be commenced by summons, and Against whom. Notice to land &c. all the proceedings therein shall be assimilated, as nearly as practicable, to those in personal actions, except as herein otherwise provided. SEC. 4 The action may be brought against any person acting as owner, landlord or tenant of the property claimed. SEC. 5. If brought against the tenant, he shall forthlord, his agent, with give notice thereof to the landlord, his agent, or attorney, under the penalty of forfeiting to such landlord the value of two years' rent, to be recovered in the same manner as other rents. Penalty. Substitution of landlord; exception. The writ how served. Non-residents and their agents. Service abroad. Service, return and proof. Notice by ad vertisement how long. SEC. 6. In such cases, the landlord may, at any time appear, and, after having his name substituted in the proceedings, instead of that of the tenant, may become sole defendant in the action: Such substitution, however, shall not take place where the tenant sets up some other claim to the said property than that derived from such landlord. SEC. 7. The summons shall be served on the defendant personally, or, if he cannot be found, by leaving a copy thereof at his residence, with some person of proper age. SEC. 8. If the defendant be a non-resident of the county, and have a known agent (in relation to the property for which the action was brought) therein, such summons may be served upon said agent in the same manner as though he were the principal. SEC. 9. If being a non-resident, as aforesaid, he have no such agent, the summons may be served either in this Territory, or elsewhere, by any person whatever, in the manner prescribed in section seventh. SEC. 10. Where a person, other than the proper officer, shall, in any case, serve such summons, said service must be duly shown to the court by affidavit accompanying the return of the writ and filed therewith, which shall fully state the manner of service. SEC. 11. Where the defendant is not to be found in the county in which the action is brought, instead where given, & of the mode of service authorized above, the plaintiff may cause an advertisement to be published in some newspaper printed most conveniently to the court where the suit was brought, which publication shall be continued weekly for the term of twelve weeks, in succession. Contents and SEC. 12. Such advertisement shall contain the requirements names of the parties, and the description of the of such notice. property claimed, as stated in the summons, and shall require the defendant to appear and plead to SEC 13. The declaration in this action shall be The declarasufficient in substance if it set forth the names of the tion. parties, and the property, or right, claimed, with such certainty as to leave no grounds of mistake. SEC. 14. If an undivided share or interest is Undivided claimed, the same shall be set forth in the declara- shares. tion. SEC. 15. Several tracts of land, or other rights, Several tracts. may be claimed in the same declaration, either in one or several counts. SEC. 16. The declaration may, at any time before Narr. amended. trial, be amended, at the costs of the plaintiff. SEC. 17. The declaration may charge several de- Def'ts, joint, fendants jointly in one count, and separately in or separate. others. SEC. 18. The plea to the merits shall be sufficient, Plea to the if it clearly set forth which of the rights claimed by merits. the plaintiff, or what particular portion thereof, are meant to be defended by such plea. SEC. 19. The defendant may demur to the declara- Demurrer, or tion, or else he shall plead the general issue only. plea. SEC. 20 The action of right being intended to Evidence. supersede the action of ejectment, the writ of right and the writ of dower, whatever might be given in evidence, under the general issue in either of those actions, may also be done in this. SEC 21. If the jury find for the plaintiff, they Damages asshall also assess the damages sustained by him from sessed by jury. the withholding of his rights by the defendant. But no damages shall be recovered for the use, occupation, or intervening profits of the property recov ered, which shall have accrued more than six years Limitation. prior to the commencement of the action. SEC. 22. If judgment by default be obtained against Judg'ts by dethe defendant, in cases where the summons shall fault, and dahave been personally served, a jury of inquest shall mages. be forthwith empannelled, to assess the said dam ages of the plaintiff. and costs. SEC. 23. The judgment, in each case, shall be as Restoration of well for the restoration of the right, as for the right, damages, amount of the damages and costs: A writ of possession, and also a fieri facias, shall be ordered accordingly. |