Execution. General rule. Duty of justice judgment of the District Court shall include the costs of both courts, and be against the prosecutor and his securities. SEC. 22. If the judgment of the District Court be not satisfied in thirty days after the rendition thereof, execution may issue against the party against whom judgment has been rendered, and his securities, which shall be made out of the property of the said party, if sufficient thereof be found; if not, then out of the property of said securities. SEC. 2. In all cases not specially provided for by this article, the process and proceedings before the justice shall be governed by the laws regulating proceedings in justices courts in civil cases. SEC. 24. It shall be the duty of the justice, before as to fines, &c. whom any conviction may be had under this article, if there be no appeal, to make out and certify and within fifteen days after the date of the judgment. deliver to the treasurer of the county a statement of the case, the amount of the fine, and the name of the constable charged with the collection thereof; and the county treasurer shall charge the constable with the amount of such fine, and unless the same be paid into the county treasury within sixty days after the date of the judgment, the said justice shall render Constable's li- judgment against such officer for the amount due and twenty per centum thereon, making, however, proper deductions for insolvencies, on which judgment execution shall be issued as other executions are, and the proceeds paid into the county treasury. abilities. Penalty. Fine and penalties. Verbal notice to witnesses. SEC. 25. Any justice of the peace, sheriff, coroner, constable or other officer, who shall wilfully neglect or refuse to perform any duty enjoined on him by this article, shall be deemed guilty of a misdemeanor in office, and shall moreover pay the sum of fifty dollars. And any person who shall, when summoned to aid in arresting or securing an offender, refuse to give such assistance, shall pay five dollars. SEC. 26. Fines and penalties incurred under the provisions of this article in cases not otherwise provided, may be recovered before any justice by action of debt. SEC. 27. When a trial, under the provisions of this article, shall be continued by the justice, it shall not be necessary for the justice to summon any witness who may be present at the continuance, but such justice shall verbally notify such witnesses, as either party may require, to attend before him to testify in the cause on the day set for trial, which verbal notice shall be as valid as a summons. SEC. 28. Previous to the commencement of any Change of ventrial before a justice of the peace, the defendant or ue. his agent may make oath that it is the belief of such deponent, that the defendant cannot have an impartial trial before such justice; whereupon, it shall be the duty of the justice immediately to transmit all the papers and documents belonging to the suit, to the nearest justice of the peace, who shall proceed as if the said suit had been instituted before him: Provided, There shall be but one change of venue. ARTICLE XIII. Of the forms of writs of process. SEC. 1. The following, or other equivalent forms, shall be used by the justice of the peace, in proceedings to be had under this act, to wit: To any constable in said county. In the name of the United States of America, you are hereby commanded to summon if shall be found within your county, to be and appear before the undersigned, one of the justices of the peace in and for said county, on day of the clock, in the noon, at county, to answer the complaint of under my hand this day of 18 18 at of in the said A. B., Justice. Form of sum mons. Warrant. To any constable in said county. if In the name of the United States of America, you are hereby commanded to take the body of he be found within your county, and bring forthwith before the undersigned, or some other justice of the peace, in and for said county, at county to answer the complaint of in said and you are also commanded to give due notice thereof to the said plaintiff. Given under my hand this Subpœna. In the name of the United States of America, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, at the clock in the on the - day of at - of noon of said day, to give evidence in a certain cause then and there to be tried between Venire for a jury. Execution. plaintiff, and defendant, on county, ss. To any constable of said county. In the name of the United States of America, you are hereby commanded to summon good and lawful men to be and appear before the undersigned, one of the justices of the peace in and for said county, on the - day of of the clock in the the town of present (or next) at noon of said day in to make a jury, for the trial of an action of between plaintiff and defendant. Given under my hand this States, was recovered the These are therefore in the name of the United States of America, to command you to levy distress, on the goods and chattels of the said - (excepting such as the law exempts) and to make sale thereof according to law in such cases made and provided, to the amount of said sums, together with thirty-seven and a half cents for this execution, and the same return to me within thirty days. Given under my hand this day of 18-. J. K., Justice. Where security has been given for stay of execution Against securion the judgment against the principal and security:— ty. TERRITORY OF IOWA, county, ss. To any constable in said county. Whereas, judgment against for the sum of and - costs, lawful money of the United on the day of day of 18 And in the States, was recovered the These are therefore in the name, &c. mon form.) months from have failed. (as in com A WRIT OF ATTACHMENT. TERRITORY OF IOWA, county, ss. To any constable of said county. In the name of the United States of America, you Writ of attachare commanded to attach C. D. by all and singular ment. his goods, chattels, moneys, effects, and credits, or so much thereof as shall be sufficient to satisfy the sum of (the sum sworn to) with interests and costs of suit, in whosesoever hands or possession the same may be found in your county, and so provide, that the goods and chattels so attached, may be subject to further proceedings thereon, as the law requires; and also to summons the said C. D. if to be found, to be and appear before me at my office, in the town of on the day of - 18- to answer unto plaintiff; and also that you summon as garnishees all such persons found in your county, as may be directed by the plaintiff or his agent to appear before the said justice at the time and place aforesaid, to answer such interrogatories as the justice may propound, and have you then and there this writ. lication. be printed. LAWS AND JOURNALS. AN ACT regulating the publication and distribution of the laws and journals of the Legislative Assembly of the Territory of Iowa. SEC. 1. Be it enacted by the Council and House of Laws to be pre- Representatives of the Territory of Iowa, That it shall pared for pub- be the duty of the Secretary of the Territory to make an index and marginal notes to the acts and joint resolutions passed at the present session of the Legislative Assembly as soon as possible, and as early as convenient to furnish the Territorial printer with true copies of the said acts and joint resolutions, together with the index and marginal notes thereto, who shall thereupon proceed, without delay, 2,000 copies to agreeably to his contract, to print two thousand copies of the laws, to which shall be added joint resolutions, also the local acts passed by the Legislative Assembly as hereinafter mentioned, and when so printed, they shall by him be put up in half binding, and called "The Statute Laws of the Territory What shall be of Iowa." And there shall be prefixed to the volprefixed to the ume of the acts a complete table of contents, the declaration of independence, articles of confederation and perpetual union, constitution of the United States, with the amendments thereto, the ordinance of congress, July 13, 1787, and the organic law, entitled, "An act to divide the Territory of Wisconsin, and to establish the Territorial Government of Iowa," approved, June 12, 1838. acts. Certificate to livery of the copies. SEC. 2. So soon as the said printing shall be comprinter on de- pleted, and the copies delivered to the Secretary of the Territory, he shall give to said printer a certifi cate containing a detailed account of all the printing done by the said printer, together with the total amount due for the same, which shall be a sufficient voucher for said Secretary to audit and pay the same out of any money in the treasury not otherwise appropriated. To be sent into the several counties. SEC. 3. The Secretary of the Territory is hereby required to contract with some suitable person, or persons, immediately after the printing in this act authorised to be done is completed, to convey and deliver the several volumes of the aforesaid acts, joint resolutions, and journals, to the clerk of the board of county commissioners, and take a receipt of the several clerks of the boards of county commissioners, who are authorised to receive the acts and journals aforesaid, setting forth that the proper |