that the person complained of is not guilty, the complaint in their opinion not being supported, the said justice shall tax the costs against the complainant, and issue execution accordingly.

SEC. 5. And if the jury, summoned and empaneled When jury may as aforesaid, cannot agree upon a verdict, the justice, be discharged. before whom the trial is pending, may discharge the same, if in his opinion they are not likely to agree upon a verdict, and issue a summons, returnable forthwith, for the purpose of empaneling a new jury.

SEC. 6. The sheriff or constable shall return to the Return of prosaid justice the summons and precept, as aforesaid, cess. on the day assigned for trial, and shall state on the back of said summons how the same was served, and on the back of said precept a list of the names of the

jurors. And if the defendant do not appear, the If defendant do justice shall proceed to try the said cause ex parte, not appear, trior may in his discretion postpone the trial for a time al ex parte. not exceeding ten days. And the said justice shall also issue subpoenas for witnesses, and proceed in the trial of said cause as in other cases of trial by jury.

SEC. 7. That the complainant of any forcible entry Treble damaor detainer as aforesaid, who shall recover against ges by action the person complained of as aforesaid, shall also be of trespass. entitled to recover treble damages, with costs of suit, by an action of trespass against the offender or offenders, to be brought before the court having jurisdiction thereof: Provided always, That nothing in To what case the foregoing part of this act shall be construed to foregoing proextend to any person or persons who have had the visions shall quiet, peaceable, and uninterrupted occupation of any lands, tenements, or other possessions, otherwise than by demise or lease, for the period of three whole years next before the entering of such complaint, anything in this act to the contrary notwithstanding.

not extend.

SEC. 8. That when any person shall wilfully and Proceedings with force hold over any lands, tenements, or other against persons possessions, after the termination of the time for holding over. which they are demised or let to him or her, or to the person under whom he or she claims, or contrary to the conditions or covenant of the lease or agreement under which he, she, or they hold or holds; or when any person wrongfully, or without force, by disseizing, shall obtain and continue in possession of any lands, tenements, or other possessions, and after demand made in writing for the delivery of the possession thereof, by the person having the legal right of such possession, his agent or attorney, shall refuse

Proviso.

Cases to which

section is not to extend.

or neglect to quit such possession, upon complaint thereof to a justice of the peace, said justice shall proceed to hear, try, and determine the same in like manner as in cases of forcible entry and detainer, and issue a writ of restitution accordingly: Provided always, That the justice shall have no power to assess a fine on the party complained of.

SEC. 9. That the preceding section shall not exthe preceding tend to any person who has or shall have continued in possession three years, after the termination of the time for which the premises were demised or let to him, or her, or those under whom he or she claims; or to any person who continues in possession three years, quietly and peaceably, by disseizure, anything therein contained to the contrary notwithstanding.

Action of trespass.

Party aggriev

to district

court.

Proviso.

SEC. 10. That the complainant shall be entitled to an action of trespass against the person complained of, and who shall be found guilty on the trial, and may recover treble damages from the time of notice given to quit the premises, and until that time damages only.

SEC. 11. If either party shall feel aggrieved by the ed may appeal verdict of the jury, or the decision of the question, on any trial had under this act, such party, within twenty days thereof, may have an appeal to the district court, to be obtained in the same manner, and tried in the same way, as appeals from justices of the peace in other cases: Provided, however, That in no case shall an appeal operate as a supersedeas to any writ of restitution that may be issued by said justice; and the district court, on giving judgment for the appellant, shall award a writ of restitution, and execution for costs, including the costs before the justice; and if judgment be for the defendant, he shall recover costs in like manner, and have execution for the same.

APPROVED, January 25, 1839.

Gambling

GAMING.

AN ACT to prevent and punish gambling,

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all debts collecta promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, or entered into,

ble.

or executed by any person or persons whomsoever, for the whole or any part, or shall be for any money, property, or any valuable thing won by gambling or playing at cards, dice, or other games of hazard whatsoever, or by betting on the side or hand or hands with any person or persons playing or gaming as aforesaid, or for the reimbursing or paying any money or other valuable thing lent or advanced at the time of such playing, knowing the intention of the borrower so to bet or hazard the same, shall be good and valid in all courts of law and equity in this Territory, and collectable as provided in the second section of this act.

covered for the

SEC. 2. If any person who shall at any time by Money, &c., playing or betting at cards, dice, or any other game paid or deliveror games of hazard whatsover, or by betting on the ed may be reside or hand of such as do bet or game, lose any use of the counmoney or other valuable thing, and shall pay or ty. deliver the same, it shall be lawful for any person or persons to sue for and recover, in the name of the board of county commissioners of the county in which such money or other valuable thing was lost, for the use of such county from the respective winner or winners with costs of suit in any court having competent jurisdiction, in which action it shall be sufficient for the plaintiff to declare generally as in actions of debt or assumpsit for money had and received by the defendant to the use of the plaintiff, or as in actions of detinue or trover upon a supposed finding and detaining or converting the money or property of the plaintiff to the use of the defendant, whereby an action hath accrued to the plaintiff according to the form of this act, without setting forth the special matter, and the testimony of the Testimony of person losing in the absence of other testimony, shall losing party to be received in any action brought as aforesaid.

be received.

&c., punished

SEC. 3. Every person who shall set up or keep any Keepers of gatable or gambling device commonly called faro bank, ming tables, E. O., roulette, equality or any kind of gambling by fine or im device adapted, devised and designed for the purpose prisonment. of playing any game of chance for money or property, and shall induce, entice or permit any person to bet or play at or upon any such gaming table or gambling device, or at or upon any game played at or by any means of such table or gambling device, or on the side or against the keeper thereof, shall on conviction be adjudged guilty of a misdemeanor and punished by fine not exceeding five hundred dollars and not

Fine to be im

sons who bet or

play.

less than twenty-five dollars, or by imprisonment not exceeding three months nor less than ten days, or by both such fine and imprisonment.

SEC. 4. Every person who shall bet any money or posed on per- property or play at or upon any gaming table, bank or device prohibited by the preceding section or who shall bet upon or play at any game played at or by means of any such gaming table or bank or other device or on the side or against the keeper thereof, shall on conviction thereof be adjudged guilty of a misdemeanor and punished by fine not exceeding five hundred dollars and not less than ten dollars.

Persons per

to be set up or

used, how punished.

SEC. 5. Every person who shall suffer or permit any mitting gam- gaming table, bank or device prohibited by the preing table, &c., ceding provisions to be set up or used for the purpose of gaming in any house, building, shed, lot, or out house, yard, garden, out lot, or other premises to him belonging or by him occupied or of which he hath at the time the possession or control, shall on conviction be adjudged guilty of a misdemeanor and punished by fine not exceeding five hundred dollars nor less than one hundred dollars for every such offence or by imprisonment not exceeding three months nor less than ten days, or by both such fine and imprisonment at the discretion of the court.

Keeping a gaming house. Fine.

Leasing any

SEC. 6. Every person who shall set up or keep a gaming house, shall on conviction, be adjudged guilty of a misdemeanor and be punished by a fine not exceeding five hundred dollars nor less than two Imprisonment. hundred dollars, or by imprisonment not exceeding ninety days nor less than ten days, or by both such fine and imprisonment at the discretion of the court. SEC. 7. Every person who shall knowingly lease or building for ga- let to another any house or other building for the purpose of setting up or keeping therein any of the gaming tables, banks or other devices prohibited by the preceding provisions or for the purpose of being used or kept as a gaming house, shall on conviction be adjudged guilty of a misdemeanor and punished by fine not exceeding two hundred and fifty dollars and not less than fifty dollars.

ming purposes.

Fine.

Who to be

deemed keepers of gaming ming houses.

tables and ga

SEC. 8. Every person appearing or acting as master or mistress or having the care, use or management for the time being of any prohibited gaming table, bank or device, shall be deemed a keeper thereof, and every person who shall appear or act as master or mistress or have the care, use or management of any house or building in which any gaming table,

bank or device is set up or kept, or of any house in which any gaming table, bank or device is in any way used, shall be deemed a keeper thereof.

SEC. 9. Whenever any lessee of any house or When lease to building shall be convicted of knowingly suffering be void. or permitting any prohibited gaming table, bank or device to be set up, kept or used therein for the purpose of gaming or common gaming house, the lease or agreement for letting such house or building shall become void and the lessor may enter upon the premises so let and shall have the same remedies for the recovery thereof as in the case of a tenant holding over his term.

es.

SEC. 10. No person shall be incapacitated or ex- Accomplices cused from testifying touching any offence commited not incapacitaby another against any of the foregoing provisions ted as witnessrelating to gaming by reason of his having bet or played at the prohibited games or gaming devices, but the testimony which may be given by any person in such case shall in no case be used against such witness.

SEC. 11. If any justice of the peace have knowl- Gaming tables, edge or shall be informed satisfactorily that there is &c., to be any prohibited gaming table or gambling device seized. kept or used within his county, it shall be his duty forthwith to issue his warrant directed to the sheriff or any constable of the county to seize and bring before said justice such gaming table or other device. SEC. 12. The officer who shall be charged with the Authority to execution of any warrant specified in the above sec- break open tion shall have power if necessary to break open doors for the purpose of executing the same and for that purpose may summon to his aid the power of the county.

doors.

SEC. 13. It shall be the duty of every justice of the Gaming tables peace before whom any such gaming table or other and other devidevice shall be brought, to cause the same to be ces to be depublicly destroyed.

stroyed.

SEC. 14. The presiding judge of each district at This act to be each and every court shall give this act in special given in charge charge to the grand jury.

to grand jury.

breaches of

SEC. 15. It shall be the duty of all sheriffs, deputy Duty of officers sheriffs, justices of the peace and constables in their touching any proper counties, and mayors, aldermen and marshals this act. of cities to complain and give information of any breaches of this act and if any of the above named officers shall fail, neglect or refuse to complain and give information of any and every breach of this act