When county or district divided before a vacancy. clerks of election, as a compensation for their services, one dollar per day, and the person carrying the polls, from the place of election to the clerk's office, the sum of five cents per mile for going and returning. SEC. 26. If a vacancy should occur in the Council or House of Representatives of this Territory, from election to fill any cause, and if the county or counties, composing the district in which the vacancy may have occurred, should have been divided after the election of the member whose seat is vacant, and before the election to supply the vacancy, such election shall be ordered in every county in which any part of the original county or district may be situated, but no person shall be permitted to vote at any such election who does. not, at the time, reside within the limits of the original county or district in which such vacancy may have occurred: Provided, That nothing herein contained shall be so construed to permit any person to vote, so residing within the said limits, who has not the other qualifications of a voter. When and to be made. SEC. 27. In cases of elections to fill vacancies, as where returns provided for in the preceding section, the returns shall be made by the clerks of the board of county commissioners of the different counties, within twelve days, to the office of the clerk of the board of county commissioners of the original county composing the district, and certificates of election shall be made out and signed by the clerks of the boards of county commissioners of the different counties in which such election may have been held. Elections by Assembly. SEC. 28. In all elections by the Council and House the legislative of Representatives of this Territory, or by either house, the members shall vote by ballot. Elections, by joint vote of the two houses, shall be made in the hall of the House of Representatives, at such time as shall have been previously appointed by joint resolution of the two houses, and at all such joint meetings the Speaker of the House of Representatives shall preside. The Speaker of the house shall appoint a member of each house to act as tellers. person shall be declared duly elected by the Council and House of Representatives, or either house thereof, until he shall have received a majority of all the votes given, blank votes included. APPROVED, January 25, 1839. No EXECUTIONS. AN ACT subjecting real and personal estate to execution. be taken in ex SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the per- What property sonal and real estate of every individual, company, or interest in body politic or corporate, including his, her, or their lands, &c., may goods, chattels, lands, tenements and hereditaments, ecution. and any title or equitable right to lands whether under a certificate from any land office, or a title bond from any person for a warranty deed, or any right whatever to the possession of lands be and the same are hereby made subject to execution to be taken and sold according to the provisions of this act, excepting that necessary wearing apparel shall Exception. not be considered as any part of the estate of any defendant, or defendants, in execution. SEC. 2. That when hereafter any writ of execution Duty of officer, may issue against the goods, chattels, lands, tene- in making a ments and hereditaments of any defendant, or de- levy. fendants, it shall be the duty of the sheriff, or other officer, to levy such execution upon such part of the estate of such defendant, or defendants as he, she, Residence of defendant re until after the sale of personal property. or they may direct, but if no such direction shall be Defendant may given, the messuage, lands or tenements on which direct. such defendant or defendants may be chiefly situated, shall not be levied upon unless a sufficiency of garded. other property, to satisfy the execution or executions, in the hands of the officers cannot be found; and in all cases the real estate of execution defendants shall Real estate exbe exempt from levy and sale until the personal empt from levy estate of such defendant shall be first levied upon and sold, unless such defendants voluntarily authorize the sale upon execution of their real estate: Provided, That nothing herein enacted shall be so con- Proviso, as to strued as to make it the duty of any sheriff, or other the direction of officer, to levy upon and sell on execution property doubts concernselected for that purpose by any execution defendant or defendants, if there exist any reasonable doubt whether such defendant or defendants is or are the bona fide owners of such property so selected. SEC. 3. That real and personal estate taken in The best price. execution shall sell for the best price the same will bring at public out-cry, and a deed in fee simple con- Deeds for real veying the real estate shall be made to the purchasers, estate, by executed by the officer selling the same: Provided, whom made. that the owner of any real estate sold under the pro- Redemption. visions of this act may redeem the same at any time within one defendant, and ing title. whom and to year. What articles and sale. within one year from such day of sale, by paying the purchase money, together with twenty-five per centum interest on the same. SEC. 4. That, hereafter, when any execution shall shall be exempt issue to any sheriff, or other officer, against the goods from execution and chattels, lands and tenements of any defendant, or defendants, if he, she, or they, have families, it shall be lawful for such defendant, or defendants, to claim, as exempt from execution, the following property, to wit: one bible, one cow and calf, one horse or yoke of cattle, five sheep, five head of hogs, household and kitchen furniture, not to exceed in value thirty dollars, one stove fixed up in the house, one bed, and the necessary bedding therefor for every two in family, farming utensils not exceeding in value fifty dollars, one month's provisions for the support of the family, and all mechanics' necessary tools, all private libraries: Provided, None of said libraries shall contain more than one hundred dollars worth of books, and it shall be the duty of the said officer not to execute any of the above exempt property. Notice of the tate. SEC. 5. That any sheriff, or other officer, levying sale of real es- an execution upon any real estate, shall, previous to offering the same for sale, give at least six weeks notice of the time and place of such sale, by posting up written advertisements thereof, in three of the most public places in the county in which such real estate may be situated, and also by advertising the same for three weeks successively in the newspaper printed nearest such real estate: And, previous to selling any personal estate on execution, the sheriff or other officer levying thereon shall give at least fifteen days notice of the time and place of such sale, by posting up written notices of the same at three of the most public places in the township, in which such sale may be made. Of personal estate. When the es the execution. Return, and SEC. 6. That if the estate of any execution defendtate sold does ant or defendants taken and sold on execution, by not fully satisfy virtue of the provisions of this act, should fail to sell for a sum sufficient to satisfy the debt, damages and costs due and accruing upon such execution, the officer returning such execution shall make return of new execution, his doings thereon accordingly, and another writ of execution shall issue to be credited by endorsement made by the clerk, or justice, with the sum or sums previously paid or made on any previous execution, upon which writ of execution the proper officer shall and credits thereon. proceed to levy and sell in the manner herein before prescribed, making return of his doings thereon as Return. in other cases. ficer. SEC. 7. That when any sheriff or other officer, who Death, or remay have sold any real estate under the provisions moval of sherof this act shall previous to making a deed therefor it, or other of to the purchaser go out of office by death, resignation, removal, or otherwise, it shall be the duty of Duties of his the successor in office of such officers to make the successor, as to necessary deeds to such purchaser: Provided, The purchase money has been duly paid. deeds. Proviso. SEC. 8. That, if it shall appear upon the face of Duty of sheriff, any writ of execution, or by endorsement thereon, as regards the principal de made by the officer issuing the same, that any one of property of the persons against whom the same may be issued is fendants, and or are only security, for any one or more of the per- their securities. sons against whom such execution may have been issued, the officer executing the same shall first sell so much of the estate of the principal defendant or defendants named in such execution, as he may be able to find, before he shall sell any of the estate of such security or securities, unless such officer may be Exception. otherwise directed by such security or securities. is claimed by SEC. 9. When any person or persons, other than Proceedings the defendant or defendants, by himself, herself, or when property themselves, his, her, or their agent or attorney, shall levied upon file a claim, in writing, with the officer holding such a person, or execution, setting forth that such person or persons persons, not is or are the owner, or owners, of and have just claim named in the to any personal property levied upon by such officer, execution. by virtue of such execution, specifying the article, or articles, item, or items, of property so alledged to be owned and claimed, it shall be the duty of such officer, having levied on such property as aforesaid, forthwith to summon six disinterested householders to determine the question raised by such claim, and the trial of the right of such property shall be held How, and bebefore some justice of the peace of the proper county, fore whom, the in which such property may be found, which justice right of propershall attend upon the summons of the officer executing such execution and shall preside at such trial swearing the said householders summoned to try the right to the property aforesaid and witnesses introduced by the parties, and if any person or persons parties to such proceeding should consider himself, herself, or themselves aggrieved by the determina ty to be determined. tion of such trial before such justice, it shall be the Appeal to the duty of such justice, upon the application of such district court. curity. Condition. person or persons to certify to the district court a true transcript of the proceedings had before him in the premises under such limitations and restrictions as are prescribed in regard to other cases of appeals from judgments of justices of the peace; and furthermore to take from the person or persons retaining Bond and se- the possession of the property in controversy a bond with sufficient security conditioned for the delivery of the same to whomsoever it may be determined to belong by the judgment of the court on said appeal, and if the claimant should fail to establish his or her right to such property on the trial of such appeal in the district court, it shall be the duty of such court trying the appeal to assess in favor of such execution plaintiff six per centum on the amount of such execution if the amount of such execution shall be less than the value of the property claimed, or in case the sum due on such execution shall be more than the property claimed, then six per centum on the value of the said property claimed, in case the court trying the case shall be of the opinion that the appeal was taken for delay, or vexation, and in all cases where a trial of the right of property has been had the decision thereon shall be conclusive between the parties to such trial, so long as the same remains unreversed: Provided, That no officer shall be liable to any prosecution for taking any goods in execution in the possession of the defendant or defendants, unless notified or informed of the ownership therein, previous to his sale of such goods under execution. Proviso. When, by whom, to whom this Territory. SEC. 10. That the clerks of the district court may upon request issue executions directed to the proper officer of any county within this Territory, whose duty it shall be to obey and execute the same and make due return thereof to the officer who issued the same, according to the provisions of this act, and any county of whenever an execution shall be issued, in any county in this Territory, or from the supreme court directed to the sheriff or coroner of any other county, it shall be lawful for such sheriff or coroner, having received such execution and discharged all the duties required therein by law to enclose such execution and forward the same by mail to the clerk of the court who issued the same and on proof being made by such May be return- sheriff or coroner that such execution was mailed a ed by mail. reasonable and sufficient time to reach the office from whence it issued, within the time prescribed by law, such sheriff shall not be liable to any amercement |