Court martial to be detailed.

be charged with some offence, in that case the list and charges and specifications shall be forwarded to the major general. The major general, or brigadier general, on receiving the aforesaid list, shall detail a court martial to meet at some suitable and convenient place within twenty days thereafter. And such courts martial shall be constituted, and all their proceedings shall be conducted, as courts martial for the trial of officers of similar grade are by the rules and regulations of the army of the United States for the time being, except only that the members may Proceedings to sit without being dressed in uniform. The proceedbe sent to com. ings of the court shall be immediately transmitted to the commander-in-chief for his approval or rejection.

in chief.

Non-com. officers and privates absent

without leave, &c.

SEC. 21. That at each and every parade, either company, battalion, or regimental, the captain or commanding officer of each company shall keep a correct list of the non-commissioned officers, musicians, and privates, who are absent without special leave, and on the last parade day, in each and every Court martial. year, he shall detail a court martial for the trial of all who shall have been absent as aforesaid, or who shall have been guilty of any offence in the course of the current year. Said court martial shall consist of one commissioned officer, and four privates, the commissioned officer shall preside, and in case of a tie he shall decide. The president of a court martial shall have power and authority to swear and examine witnesses. If the commissioned officer be absent on the day of the court martial, the officer who detailed the court shall immediately supply the vacancy, by the appointment of another member of the company, whether officer or private. And a report of said absence shall be made to the commandant of the regiment, and the absentee shall be tried by a court martial, and fined in like manner as if he had been absent on the day of the regimental parade. And if any one of the privates be absent, the vacancy shall be immediately filled, and the absentee fined as though he had been absent on a parade day, without leave and without excuse, but he may appeal to the colonel of the regiment, who shall hear the cause and determine it equitably.

Fines, how col- SEC. 22. That it shall be the duty of the presilected and ap- dent of each and every court martial held under the authority of this act, immediately after court rises, to make out a return to the clerk of the county com

plied.

missioners' court of the name of each of the persons fined, and the amount of each fine. The said return shall be made to the clerk in the county in which the person fined resides, and the clerk shall include said fines in the list of taxes, and they shall be collected in the same manner, by the same collectors, with the same fees and costs, and be applied in the same manner, as other taxes for county purposes are for the time being collected and applied.

SEC. 23. That each drum major and fife major Per diem alshall be allowed and paid two dollars for each day lowance to muthat they are employed on field days and officers' sicians. drills, and each drummer, fifer, and bugler, shall be allowed and paid one dollar for each day that they are employed under the provisions of this act.

furnished.

SEC. 24 That the field officers of each regiment, Colors and mu. and the commissioned officers of each company, sical instrushall furnish their respective commands with a stand ments to be of colors, and the necessary instruments of music. Each captain shall appoint the most efficient of the non-commissioned officers color bearer, and the field officers, on the day of the regimental parade, shall select the most efficient color bearer on that day. The commandants of regiments and companies shall have power and authority to draw on the county treasurer, of the county in which they respectively reside, for the amount by them expended in the purchase of colors and instruments of music, and also for the per diem herein allowed for the pay of musicians. And the treasurer is hereby authorized and required to pay it out of any money in the treasury not otherwise appropriated: Provided, That a stand of colors for a regiment shall not cost more than thirty dollars, and a stand for a company not more than fifteen dollars.

thereof.

SEC. 25. That it shall be lawful for any commis- Militia may be sioned officer, whenever and as often as any invasion, called out in or imminent danger thereof, may come to his knowl-case of invaedge, to order out the militia, or any part thereof sion, or danger under his command, for the defence of the Territory. He shall immediately give notice thereof, detailing all the circumstances, to the commanderin-chief, and the commander-in-chief shall, on all occasions which to him may seem to require it, have full power and authority to call out any portion of the militia, either by draft, by the acceptance of volunteers, or EN MASSE.

Persons ex

militia duty.

SEC. 26. And be it further enacted, That the followempted from ing designated officers and persons be and they are hereby exempted from militia duty, viz: The members of the executive, legislative, and judiciary departments of the Government of the United States, and their respective officers, all custom house officers and their clerks, all postmasters and mail carriers actually employed in the care and conveyance of the mail of the United States, all ferrymen on post roads, the Secretary of the Territory, the members and officers of the Legislative Assembly during its session and fourteen days before and after each session, ministers of the gospel of every denomination, who prove to the commandant of the company, in whose beat or precinct they reside, that they have been regularly ordained or licensed, and are now in full communion with their respective churches, and no others.

Repealing clause.

SEC. 27. That all laws contrary to the provisions of this act are hereby repealed, and that this act take effect from and after its passage.

APPROVED, January 4, 1839.

Authority to erect a dam

and mills or other machinery.

MILL DAMS.

AN ACT to authorize Benjamin Nye to build a dam across Pine river.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Benjamin Nye, his heirs and assigns, are hereby authorized and empowered to build a dam across Pine river, at any point on the north-west quarter of section twenty-one, township seventy-seven, north, range one, east of the fifth principal meridian, and to erect mills or other machinery, as they may deem proper, or in any other manner to make use of the water power created thereby: Provided. Said dam, or mills, shall not interfere with the rights of any individual, or of the United States.

APPROVED, January 12, 1839.

MILL DAMS.

AN ACT to authorize William Meek and Sons to erect a dam across the
Des Moines river.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That William Authority to Meek and Sons be, and they are hereby authorized, construct a to construct a dam across the Des Moines river, in dam. Van Buren county, in said Territory, between sections eight and seventeen, in township sixty-eight, north, range eight, west of the fifth principal meridian; which said dam shall not exceed three feet in height, above common low water mark, and shall Lock for the contain a convenient lock, not less than one hundred passage of and thirty feet in length, and thirty-five feet in boats. width, for the passage of steam, keel, and flat boats, rafts, and other water craft, provided said water craft will bear two tons burthen.

and boats passed without

SEC. 2. It shall be the duty of the persons, author- Lock to be ized in the preceding section of this act to build kept in repair, said dam, at all times to keep the lock in the same in good repair, and they shall, at all reasonable delay. times, pass any water craft above mentioned through, free of toll, without any unnecessary delay. And any person who shall be unnecessarily detained, shall be entitled to recover of said owners double the amount of damages they shall prove to have sustained by reason of such detention

lock.

SEC. 3. Any person who shall destroy, or in any- Penalty for dewise injure, either said dam, or lock, shall be deemed stroying or into have committed a trespass and shall be liable juring dam or accordingly. And any person who shall wilfully or maliciously destroy, or injure, said lock or dam, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined treble the amount of damages the owners may have sustained, or be imprisoned, at the discretion of the court.

flow lands

SEC. . Nothing herein contained shall authorize Not to enter the individuals named in this act, their heirs or as- upon or oversigns, to enter upon and flow the lands of any per- without conson, without the consent of such person; and they sent of owner. shall remove all such nuisances as may be occasioned Nuisances to be by the erection of said dam, which may endanger removed. the health of the vicinity.

SEC. 5. The legislature of this Territory (or State) This act may may at any time alter or amend this act, so as to pro- be amended. vide for the navigation of the said river.

When dam

SEC. 6. The dam and lock, specified in the first and lock to be section of this act, shall be completed within three years, from the first day of May next.

completed.

Limitation of the act.

Authority to

construct a dam.

Lock for the passage of boats.

Lock to be

kept in repair, and boats pass

ed without delay.

SEC. 7. The right of constructing and continuing the aforesaid dam and lock, across the Des Moines river, shall be vested in the said Wm. Meek and Sons, for the term of fifty years, from the first day of May next.

SEC. 8. This act to take effect from and after its passage.

APPROVED, January 17, 1839.

MILL DAMS..

AN ACT to authorize Henry Eno and others to erect a dam across the
Des Moines river.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of lowa, That Henry Eno, George W. Howe, Seth Richards, and their associates, be and they are hereby authorized to construct a dam across the Des Moines river, in Van Buren county, in said Territory, at the point between the towns of North and South Bentonsport; which said dam shall not exceed three feet, above common low water mark, and shall contain a convenient lock, not less than one hundred and thirty feet in length, and thirty-five feet in width, for the passage of steam, keel, and flat boats, rafts, and other water craft, provided said water craft will bear two tons burthen.

SEC 2. It shall be the duty of the persons, authorized in the preceding section of this act to build said dam, at all times to keep the lock in the same in good repair, and they shall, at all times, pass any water craft above mentioned through, free of toll, without any unnecessary delay. And any person, who shall be unnecessarily detained, shall be entitled to recover of said owners double the amount of damages they shall prove to have sustained by reason of said detention. SEC. 3. Any person, who shall destroy, or in anystroying or in- wise injure, either said dam, or lock, shall be deemed juring dam or to have committed a trespass, and shall be liable accordingly. And any person who shall wilfully or maliciously destroy, or injure, said lock or dam, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined treble the amount of damages the owners may have sustained, or be imprisoned, at the discretion of the court.

Penalty for de

lock,