&c., another day may be fixed,

Persons entitled to vote.

Before delive

ry of the policy,

not be held at the proper time, the directors may fix upon another day for the said election, not more than two months subsequent to that previously fixed, and the secretary shall accordingly give notice thereof as above directed.

SEC. 13. Any person, who shall have an existing insurance in such company to the amount of one hundred dollars, or upwards, shall be entitled to vote at such election, the mode of conducting which shall be prescribed by the directors.

SEC. 14. Every person, who shall wish to effect insurance in said company, shall, before he receives note to be de- his policy, deposit his promissory note with the treasurer for such sum of money as shall be determined by the directors.

posited.

What part thereof to be immediately paid.

When such

note may be

SEC. 15. A part, not exceeding five per cent. of the amount of such note, shall be immediately paid, and the remainder of said deposit note shall be payable in part, or in whole, at any time when the directors shall deem the same requisite for the payment of losses, or other expenses.

SEC. 16. At the expiration of the term of insurance, the said note, or such part of the same as shall relinquished. remain unpaid, after deducting all losses and expenses occurring during said term, shall be relinquished and given up to the signer thereof, or his representatives.

Liability of members.

Lien on prop

SEC. 17. Every member of said company, as aforesaid, shall be bound to pay his proportion of all losses happening, or expenses accruing in said company, to the amount of his premium note.

SEC. 18. All buildings insured in said company, toeity insured. gether with the right, title, and interest of the assured to the lands on which they stand, to the extent of one building lot if in town, or of one acre if in the country, shall be pledged to said company by the fact of such insurance; and the said company shall have a lien thereon, for the proportion of losses and expenses that may accrue against the assured, during the continuance of his policy.

Notice of any

by fire.

SEC. 19. In case of any loss or damage by fire haploss or damage pening to any member, upon property insured in said company, notice thereof shall be given, in writing, to the directors, or some one of them, or to the secretary of the company, within thirty days from the time such loss or damage may have happened, in order to entitle the assured to compensation for his loss.

SEC. 20. The directors shall provide the manner of Amount of loss. ascertaining and determining the amount of such loss or damage, which shall be paid accordingly. If the party suffering is not satisfied with the determination of the directors, the question may be submitted

to referees, or the said party may bring his action at Reference, or law against the company.

action at law.

SEC. 21. Such action may be brought either in the Where such county where the secretary of the company shall action may be hold his office, or in the county where the property brought. insured was situated, and the summons may be served upon the secretary, or either of the directors of the company.

SEC. 22. If, upon such trial, a greater sum shall be Judgment and recovered than the amount determined upon by the costs. directors as aforesaid, the plaintiff shall have judgment therefor, with interest and costs of suit; but if no more be recovered than the amount aforesaid, costs shall be awarded against the plaintiff.

thereof to

SEC. 23. After the amount to be paid to the assured Sum to be paid shall have been finally fixed, the directors may at the assured, any time settle and determine the proportions to be and notice paid by the several members of the company, and members. publish the same in such manner as they shall see fit, or as the by-laws shall have prescribed.

directors may sue and recov

er.

SEC. 24. If any member shall, for the space of Failing to pay, thirty days after the publication of said notice, neglect or refuse to pay the sum assessed upon him as aforesaid, the directors may sue for and recover the whole amount of his deposit note, with costs of suit. SEC. 25. The money thus collected shall remain in Money thus the treasury of said company, subject to the payment collected, how of such losses and expenses as have or may thereafter accrue; and the balance, if any remain, shall be returned to the party from whom it was collected, on demand, after thirty days from the expiration of the term for which insurance was made.

disposed of.

SEC. 26. Any policy of insurance, signed by the Validity of the president, and countersigned by the secretary, shall policy. be deemed valid and binding on said company in all cases where the assured had a title in fee simple, unincumbered, to the buildings insured, and to the lands on which they stand; but if the assured have a less estate therein, or if the premises be incumbered, the policy shall be void, unless the true title of the assured, and the incumbrances of the premises, be expressed in the application therefor.

In what case to

be void.

Further terms

SEC. 27. The preceding section shall not be conmay be fixed. strued to prevent the directors from fixing further terms and conditions, which must be complied with by the person applying for insurance, in order to secure the validity of his policy.

Losses to be paid within

three months.

If any house,

policy to be surrendered.

SEC. 28. The directors shall settle and pay all losses within three months after they shall have been notified as aforesaid, or suit may be commenced therefor, as above provided.

SEC. 29. When any house, or other building, shall &c., alienated, be alienated by sale, or otherwise, the policy shall thereupon be void, and be surrendered to the directors of said company to be cancelled; and upon such surrender, the assured shall be entitled to receive his deposite notes, upon the payment of his proportion of all losses and expenses that shall have accrued Or it may be prior to such surrender. But if the grantee or alienee shall have the policy assigned to him, he may have the same ratified and confirmed to him, for his own use and benefit, upon application to the directors, and with their consent, within thirty days next after such alienation; and the lien of the company upon the premises, as provided for in section eighteen, shall be continued in the same manner as though the premises had not been granted or conveyed.

assigned to alienee.

Privileges and liabilities of alienee.

In what case

mium to be paid.

SEC. 30. By the ratification and confirmation mentioned in the last preceding section, the said grantee or alienee shall be entitled to all the privileges, and subject to all the liabilities, to which the original party insured was entitled and subjected under this

act.

SEC. 31. If any alteration should be made in any additional pre- house or building by the proprietor thereof, after insurance has been made thereon with said company, whereby it may be exposed to greater risk or hazard from fire than it was at the time it was insured, then the insurance aforesaid shall be void, unless an additional premium and deposit, after such alteration, be settled with, and paid to, the directors; but no alterations or repairs in buildings, not increasing such risk or hazard, shall in anywise effect insurance previously made thereon.

Double insurance.

SEC. 32. If insurance on any property shall be and subsist in said company and in any other office, or from or by any other person, at the same time, the insurance made in and by said company shall be void, unless such double insurance subsists with the consent of the directors, signified by endorsement

on the back of the policy, signed by the president

and secretary.

SEC. 33. Where personal property is to be insured, Insurance on the directors may require such security, on the pre- personal propmium note aforesaid, as they shall by their regula-erty.

tions determine.

SEC. 34. Conveyances of real estate, when made Conveyances by the company, must, in order to be valid, be signed by the comby the president, with the seal of the company affixed,pany. and countersigned by the secretary. An order for such sale must also have been entered on the records of the company by the authority of the directors. The acknowledgment of the president alone shall be sufficient to entitle such conveyance to be recorded.

SEC. 35. No policy shall be issued by the com- No policy to pany, until applications for insurance shall have been issue till made to the amount of at least thirty thousand dol- scribed. lars.

$30,000 sub

SEC. 36. The first meeting of the board of direct- First meeting ors may be called by any one of their number, by of directors. advertisement in the Burlington Gazette, or by sending personal notice to each of the other directors. Such advertisement or notice must be made at least ten days previous to the day of meeting, and must specify the time and place where such meeting shall be held

SEC. 37. Any future legislature of this Territory, or This act may State, may alter or repeal this act whenever they be altered or consider the public good requires it.

APPROVED, January 25, 1839.

repealed.

INDIANS.

AN ACT to prevent the selling of spirituous liquors to Indians.

liquors to Indi

ans,

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That if any Persons selltavern keeper, grocery keeper, or other person, or ing, bartering, persons, shall sell, or barter, or in any manner dis- &c., spirituous pose of, any spirituous liquor, or any other liquor of intoxicating quality, to any Indian or Indians, within To be fined, this Territory, such person, or persons, shall forfeit And forfeit the and pay, for the use of the county, a fine not exceed-articles receiving one hundred dollars, nor less than twenty-five ed in exchange. dollars, to be recovered, with costs of suit, by action

of debt, in the name of the United States of America,

or by indictment, or information, in any court having competent jurisdiction to try the same; and the person or persons, so offending, shall moreover forfeit the article, of whatever nature or kind, he, she, or they have received in exchange, which shall be restored to the proper owner, upon the necessary proof Officers requir- of ownership being made, before any justice of the peace within the Territory; and all justices of the peace, constables, and all other proper officers, are hereby authorized and required, under the penalty of forfeiture of their respective offices, to make complaint of such violations of this law as come within their knowledge.

ed to give notice of violations of this act.

SEC. 2. This act to take effect, and be in full force, after the first day of March next. APPROVED, January 3, 1839.

Bargain, sale,

INSANE PERSONS.

AN ACT concerning Insane Persons.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any &c., by insane bargain, sale, conveyance, or act, of any person, or persons, in a state of insanity, shall be void and of no effect in law.

persons void.

Duty of district

persons.

Jury.

SEC. 2. When any district court in this Territory shall receive satisfactory information that any person tion to insane in their respective counties, having property, is or has become insane, it shall be the duty of the said court to direct the sheriff of the county to summon twelve intelligent and disinterested men of the county, impartially to inquire into the fact, and to appoint the time and place where such jury shall meet and inspect such insane person, and also to cause to come before them such persons as they may think proper to give testimony as to the insanity of such person; and if the jury, so summoned and sworn, shall decide, from such inspection and testimony, that such person is insane, and not able to take care of his or her property, the court shall proceed to appoint three suitable persons as guardians of the person and estate of such insane person, whose duty it shall be to take such care of the person and property of such insane person as may be necessary for the safety and preservation of the same.

Appointment

and duty of guardians.