cerned in the collection thereof, and it shall be the

duty of all officers to give information to the grand Information to jury of the proper county of all frauds and offences grand jury. against this act.

for violations

SEC. 40. If any officer shall neglect, or refuse to Forfeitures perform any of the duties imposed upon him by this and penalties, act, he, and his securities shall forfeit and pay to the of duty. county not less than fifty, nor more than one hundred dollars, for each offence, besides all damages which may be sustained by the county, or any individual, in consequence of such violation of his duty, the said penalties to be adjudged, within the limitations aforesaid, by the court before whom the adjudication shall be had, and to be recovered, with costs of suit, in an action to be brought upon the official bond of such officer, and this provision shall be construed to extend to all cases of violations of official duties, not provided for by this act.

and style of suits thereon.

SEC. 41. All bonds, directed to be taken by this Bonds, to act, shall be made payable to the board of county whom payable, commissioners of the proper county, and all suits brought thereon shall be prosecuted in the corporate name of the board of county commissioners, and if brought for the use or benefit or by the direction of any person, or persons, such suit shall be brought in the corporate name of the board of county commissioners, on the relation of such person, or persons, and several rights may be prosecuted in the same Several rights, suit on such bond, and one judgment, entered thereon, and one judg’t. shall be no bar to other rights; but the board of

county commissioners, or any other person, having right thereto, may have the defendants to such judg

ment, again summoned by scire facias to show cause Scire facias. why execution should not be had on such judgment, for the debt, or damages, supposed to be due, owing, or belonging to the party complaining, as often as

such right may accrue.

officer.

SEC. 42. Any officer, withholding the payment of Penalties for any monies belonging to the county, after the same withholding shall be demanded, or become due, shall be liable to money, by any pay five per centum, in damages, and twenty per centum interest per annum, from the date of such defalcation, to be recovered of such officer, and his securities, or either of them, by action as in other cases; and the accounts, in favor of the county, in all cases of the trial against all and every person, or persons, charged on the books of the board of county commissioners, and certified to be true by the clerk

Collector's

and bond.

Condition.

of said board of commissioners, as above provided, in case of collectors, and authenticated by their seal, shall be evidence, in all cases of debtors, of the charges therein stated, to put the defendant upon his defence, to the demand.

SEC. 4. The sheriff, before he enters upon the oath, securities, duties of his office as collector, shall take an oath or affirmation before some person authorized to administer the same, that he will well and truly perform the duties of his office, as collector, and shall enter into bond, to be filed with the clerk, with security, to be approved of by the board of county commissioners, in the penalty of fifteen thousand dollars; conditioned for the faithful performance of the duties of his office, as prescribed by law, and such collector may appoint as many deputies as he may think necessary, or proper, who shall be sworn, and possess the same power and authority as his principal; such colTheir duties, lector being at all times responsible for the acts of deputies, and should any deputy fail to pay over any monies collected by him, as such, for county revenue, such principal is hereby authorized to proceed against him in the same summary manner as is provided for proceeding against collectors in like cases.

May appoint deputies.

&c.

License, to

for what purposes,

SEC. 44. That no merchant, store keeper, pedlar, whom granted, company, or corporation, shall hereafter be permitted to vend, sell, or retail, at private sale, any goods, wares, or merchandise, without first having obtained a license for that purpose from the board of county commisssioners of, the proper county, in which such goods, wares, or merchandise may be offered for sale; for which he, or they, at the granting thereof, shall pay into the county treasury, for the use of such county, such sum as shall be assessed by the said board, not less than ten, nor more than fifty dollars, which license, when thus procured, shall authorize the applicant, or applicants, to whom the same may be granted, to vend, sell, and retail goods, wares and merchandise, in such county, for the term of one year, from the time of granting the same; but no such license, as aforesaid, shall authorize any person, or persons, to vend, or peddle clocks, in this Territory, but, in order to authorize any person to Special license, vend or peddle clocks, he shall procure a special license for that purpose, in the manner herein prescribed, and the board of county commissioners may grant license to venders and pedlars of clocks for any term not less than three months, nor more than

And for how long.

for vending

clocks.

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.

granted by

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, 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 hereinbefore 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 for license, and preliminary rec'pt from treasurer.

SEC. 48. That no person, or persons, applying for 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 the

gross am't 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 Iowa. That, for the purpose of raising a Territorial revenue, to defray the expenses authorized by law to be paid out of the each county, to Territorial Treasury, it shall be the duty of the be appropriated for Territo-county commissioners of each of the counties of this rial purposes. Territory, at the time of the filing of the assessment

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.

SEC. 2. The county commissioners shall furnish Duty of county the Treasurer of the Territory, immediately after commissioners, as to duplicate. 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.

draft.

SEC. 3. The first moneys which may be returned Money to be by the collector, collected from the duplicate of any retained, and paid over, on 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.

Treasurer,

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 &c. 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 cent.

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.

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