SEALS. AN ACT respecting Seals. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any Scrawl equivainstrument, to which the person making the same lent to a seal. shall affix any device, or scrawl, by way of seal, shall be adjudged and held to be of the same force and obligation as if it were actually sealed. SEC. 2. All instruments shall be considered, and Scrawl, or deadjudged, as sealed instruments whenever the afore- vice, without said scrawl or device, is attached by the mark thereof, the word although the word "seal" is not mentioned in the body of the instrument. APPROVED, January 24, 1839. "seal." SEAT OF GOVERNMENT. AN ACT to locate the Seat of Government of the Territory of Iowa, and for other purposes. held at Bur SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That until Sessions of lethe public buildings are completed, and ready for gislative asthe reception of the Legislative Assembly and other sembly to be officers of the Territory, at the permanent seat of lington for government, located as hereinafter directed, the ses- three years. sions of the Legislative Assembly shall be held at the town of Burlington, for three years, and until the aforesaid necessary buildings shall be declared, by the proclamation of the Governor, ready for the reception of the Legislative Assembly. SEC 2. Be it further enacted, That the commis- Meeting of sioners hereinafter mentioned, or a majority of them, commissioners. shall, on the first day of May, in the year eighteen hundred and thirty-nine, meet at the town of Napoleon, and proceed to locate the seat of government at the most eligible point within the present limits of Johnson county, in said Territory. SEC. 3. That three commissioners, to consist of one Comm'rs to be person from each judicial district in this Territory, appointed by shall be appointed by joint ballot of the Council and joint ballot. House of Representatives, to locate and establish the permanent seat of government of this Territory, as hereinbefore directed, in the said county of Johnson. Public buildings. surer. SEC. 4. Be it further enacted, That the said commissioners, or a majority of them, shall agree upon a plan of said buildings, and shall issue proposals, giving six months notice thereof, and contract for the Governor to of erection of said buildings without delay. The Govficiate as trea- ernor of the Territory shall officiate as treasurer, whose duty it shall be to draw from the treasurer of the United States such sum or sums of money as have been, or hereafter may be, appropriated by Congress towards the erection of public buildings for the use of said Territory, and shall pay the same, upon the order of a majority of said commissioners, to such Account to be persons as they may direct. The Governor shall annually render to the Legislative Assembly a true account of all moneys received and paid out by him. And the said commissioners shall agree upon one of their number to be acting commissioner, whose Duty of acting duty it shall be to superintend daily, in person, the commissioner. rearing and finishing said buildings; and the said rendered. acting commissioner shall have power at all times, when he may think proper, to call the board of commissioners together for the purpose of transacting business on this subject; and the said board shall, in all contracts, reserve the privilege of suspending any contract made by them, for the purpose or carrying into effect the object above named, until the matter in dispute shall be settled, if any there should Comm'rs com- be. The said commissioners shall receive such compensation as may hereafter be allowed them by law. SEC. 5. Be it further enacted, That the said comlaid out in lots, missioners shall employ one or more competent surveyors, and all other hands necessary, and shall have six hundred and forty acres of land laid out in lots, out lots, streets, squares, and alleys, at the place where the said seat of government is so located, if practicable. pensation. Land to be streets, &c. Copy of plat to Governor. SEC. 6. Be it further enacted, That it shall be the be sent to the duty of the commissioners to have the town platted, and to transmit a copy of the same to the Governor, which shall be filed in the office of the Secretary of the Territory. Oath to be taken by commissioners, SEC. 7. And be it further enacted, That the said commissioners, previous to their entering upon their duties, as provided in this act, shall take and subscribe the following oath before some person legally authorized to administer the same: "We (here insert the names of the commissioners) do solemnly swear, (or affirm, as the case may be), in the presence of Almighty God, that we will, to the best of our skill, abilities, and judgment, locate and establish the permanent seat of government for the Territory of Iowa, in the county of Johnson, in the Territory aforesaid; and that we will faithfully and honestly superintend the erection and completion of the public buildings, as is provided in the act entitled, 'An Act to locate the Seat of Government of the Territory of Iowa, and for other purposes,' and that in all things we will faithfully and truly discharge our duties under the same without partiality, favor, or interest:" which oath, subscribed as afore- And filed in said, shall be transmitted and filed in the office of the Secretary's the Secretary of the Territory. APPROVED, January 21, 1839. office. SEAT OF GOVERNMENT. AN ACT supplementary to "An Act to locate the Seat of Government of the City." SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That so soon Seat of Govas the place shall be selected, agreeably to the pro- ernment to be visions of the act to which this is a supplement, and called "Iowa report thereof made to the Governor, and the consent of the United States obtained, the commissioners shall proceed to lay out a town, to be called "Iowa City," on the piece of ground so selected, upon such place as may be agreed upon by a majority of said commissioners; and after a plat of the same shall have been recorded, the Governor shall, by proclamation, direct a sale of lots in said town, to Sale of lots. be under the direction of the commissioners above named, the proceeds of which shall go into the Territorial Treasury, to be expended as may hereafter be directed by law. SEC. 2. Be it further enacted, That the acting com- Acting commissioner shall give bond to the United States in the missioner to penal sum of forty thousand dollars, to be approved execute a bond. of by the Governor, for the faithful performance of his duty, and said bond shall be filed in the office of the Secretary of the Territory. SEC. 3. Be it further enacted, That the acting com- Account to be missioner shall annually render, to the Legislative rendered anAssembly, a true account of all monies received and nually. paid out by him. Donation of land, or preemption. $20,000 ap SEC. 4. Be it further enacted, That the Governor is hereby authorized to apply to Congress for a donation of, or a pre-emption to, four sections of land on which to locate the seat of government of the Territory of Iowa, and also to draw from the treasury of the United States the sum of twenty thousand dolpropriated by lars, appropriated by Congress to be expended in the erection of public buildings, and also such other sum or sums of money as may hereafter be appropriated for like purposes, and the said Governor is hereby required to pay the same to the acting commissioner, after he shall have given bond, as required in the second section of this act. Congress. Commission ers. In case of va cancy, Govern SEC. 5. Be it further enacted, That Chauncey Swan, John Ronalds, and Robert Ralston, be and they are hereby appointed a board of commissioners to locate the seat of government of the Territory of Iowa, and to superintend the erection of public buildings. SEC. 6. Be it further enacted, That if by death, resignation, or any other cause, there shall be a vacancy or to appoint. in said board of commissioners, it shall be the duty of the Governor to appoint some person, from the district where the vacancy occurred, to perform the duties of such disqualified commissioner: Provided, however, That such appointment shall not extend beyond the meeting of the next Legislative Assembly. Proviso. SEC. 7. Be it further enacted, That such parts of the law, to which this is amendatory, as are contrary to the provisions of this act, are hereby superseded. APPROVED, January 21, 1839. will become insolvent, &c. SECURITIES. AN ACT concerning debtors and their securities. SEC. 1. Be it enacted by the Council and House of When security Representatives of the Territory of Iowa, That when apprehensive any person bound as security by bond, bill, note, or that principal otherwise, for the payment of money, or performance of a contract, shall apprehend that the principal debtor for whom he is bound, is likely to become insolvent, or migrate from this Territory, without previously satisfying or discharging such debts due, demand, or obligation, so that it will become impossible, or difficult, for such security, after paying, satisfying, or discharging such debts due, or demand, to recover the value thereof from such principal, debtor it shall be lawful for such security, if action shall have accrued on any such contracts as aforesaid, to require by notice, in writing, his creditor forthwith to put the bond, bill, note, or other contracts by which he is bound as aforesaid, in suit, who shall, within twenty days, commence an action and proceed with due diligence to judgment and execution thereon, and if such creditor shall fail or neglect to proceed as aforesaid, the said surety shall be discharged from the performance of said contract. tend. SEC. 2. That the provisions of this act shall be ex- To whom protended to the heir, executor, or administrator of any visions of this deceased security against the creditor or his assignee, act shall exexecutor, or administrator, upon his compliance with the first section of this act; but nothing herein con- Proviso as to tained shall be construed to extend to the offi ial public officers, bonds of public officers, guardians, executors, ad- guardians, &c. ministrators, or bonds with collateral conditions. for the sum paid, with int. SEC. 3. That when any security, his heirs, execu- Security to tors, or administrators, pays or discharges the debt have judgment or contract of his principal, or part thereof, upon judgments rendered against him, he shall have judg- and costs. ment to recover the value or amount so paid or discharged, together with the interest and costs, upon motion, in the court where such judgment may have been rendered against such security, his heirs, executors, or administrators, of such principal debtor, his heirs, executors, or administrators. come insol vent. SEC. 4. That in case when there are two or more When princisecurities to any bond, bill, note, or contract, and pal obligors beone or more of such sureties are subjected, by judgment of any court, to the payment of the debt or damage by default of the principal obligor, and such obligor be insolvent so that the amount or value thereof cannot be recovered of him, the court, before whom such judgment may be rendered, shall, upon motion of such surety or sureties, grant judgment that they recover against all and every other co-sureties, their heirs, executors, and administrators, for their and each of their respective shares and proportions of the amount or value of such judgment with damages and costs. by default. SEC. 5. That no surety, his heir, executor, or ad- Sureties sufferministrator, shall be suffered to confess, or suffer ing judgment judgment by default so as to distress his principal, if such principal will enter himself defendant to such suit, and tender to such surety, or his legal |