flow lands without consent of owner. SEC. 4. Nothing herein contained shall authorize Not to enter the individuals named in this act, their heirs and upon or overassigns, to enter upon or overflow the lands of any person, without the consent of such person; and they shall remove all such nuisances as may be occasioned Nuisances to by the erection of said dam, which may endanger the be removed. 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. SEC. 6. The foregoing act shall cease and determine Limitation of at the expiration of fifty years, from its date, unless a the act. future legislature, having the control of the same, shall otherwise determine: And provided further, When dam That said dam and lock shall be completed in five and lock to be years, from the passage of this act. completed. in one year. SEC. 7. And be it further enacted, That the said Meeting may Henry Eno, George W. Howe, Seth Richards, and be called withtheir associates, may at any time, within one year from the passage of this act, call a meeting of said company, by giving at least six weeks notice, in some newspaper printed within the Territory, or by posting up written or printed notices in three of the most public places in said county. and regula tions. SEC. 8. And said company, when so convened, By-laws, rules, may call one of their number to preside, and may proceed to enact such by-laws, and rules and regulations, for the government of said company, as a majority of them may deem right and proper: Provided, Said by-laws do not conflict with the laws of the United States, or this Territory. SEC. 9. All subsequent meetings shall be in such Subsequent manner, and at such time and place, as a majority of meetings. said company shall direct APPROVED, January 17, 1839. MILL DAMS. AN ACT to authorize Robert Willson, his heirs or assigns, to erect a dam across Skunk river. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Robert Authority to Willson, his heirs or assigns, are hereby authorized construct a to construct a dam across Skunk river, in Henry county, in said Territory, in section twenty-four, in township seventy-one, north, in range seven, west, dam. Not to enter upon or overflow lands without con at the seat now occupied by said Robert Willson; said dam shall contain a convenient lock, not less than seventy-five feet in length, and fitteen feet in width, for passage of steam, keel, and flat boats, and rafts, and other water crafts, SEC. 2. It shall be the duty of the person, 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 he shall, at all reasonable times, pass any water craft above mentioned through, free of toll, without any unnecessary delay. Any person, who shall be unnecessarily detained, shall be entitled to recover of said owner, or owners, double the amount of damages they shall prove to have sustained by reason of such detention. SEC. 3. Any person, who shall destroy, or in anywise injure, either said dam or lock, shall be deemed 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 owner, or owners, may have sustained, or be imprisoned, at the discretion of the court: Provided, Such imprisonment does not exceed three months. SEC. 4. Nothing herein contained shall authorize the individual named in this act, his heirs or assigns, to enter upon and flow the lands of any person, withsent of owners. Out the consent of such person; and he shall remove Nuisances to all such nuisances as may be occasioned by the erection of said dam, which may endanger the health of the vicinity. be removed. This act may be amended. SEC. 5. The legislature of the Territory (or State) may at any time alter or amend this act, so as to provide for the navigation of the said river. APPROVED, January 19, 1839. Authority to erect a dam. MILL DAMS. AN ACT to authorize John Carter to erect a dam across Big Cedar, in SEC. 1. Be it enacted by the Council and House of point on the north-east quarter of section thirtythree, in township No. seventy-one, north, range nine, west, which dam shall not exceed eight feet above low water mark. SEC. 2. Any person, who shall destroy, or in any- Penalty for dewise injure said dam, shall be deemed to have com- stroying or inmitted a trespass, and shall be liable accordingly; juring the dam. and any person, who shall wilfully or maliciously destroy or injure said dam, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined treble the amount of damages the owner may have sustained, or be imprisoned, at the discretion of the court. flow lands without consent of owner. SEC. 3. Nothing herein contained shall authorize Not to enter the individual named in this act, his heirs or assigns, upon and overto enter upon and flow the lands of any person, without the consent of such person; and they shall remove all such nuisances as may be occasioned by the Nuisances to erection of said dam, which may endanger the health be removed. of the vicinity. APPROVED, January 22, 1839. MILL DAMS. AN ACT to authorize Hiram C. Smith and Cordell to erect a dam across Skunk river. dam. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Hiram Authority to C. Smith and Cordell be, and they are hereby onst ruct a authorized to construct a dam across Skunk river, in Henry county, in said Territory, at a point in section 28, township No. 70, north, range 5, west; which dam shall not exceed four feet above common low water mark, and shall contain a convenient lock, not less Lock for the than one hundred and thirty feet in length, and passage of thirty-five feet in width, for the passage of steam, keel, and flat boats, rafts, and other water crafts; Provided, Said water craft will bear two tons burthen: And provided further, That said dam and lock shall Proviso. be completed within the term of four years from the passage of this act. boats. and boats pass SEC. 2. It shall be the duty of the persons, author- Lock to be ized in the preceding section of this act to build said kept in repair, dam, at all times to keep the lock in good repair, ed without deand they shall, at all reasonable times, pass any lay. water craft above mentioned through, free of toll, Penalty for de juring dam or lock. without any unnecessary delay; and any person, who shall be unnecessarily detained, shall be entitled to recover of the 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 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 owner may have sustained, or be imprisoned, at the discretion of the court. Not to enter flow lands without con SEC. 4. Nothing herein contained shall authorize upon and over the individuals named in this act, their heirs and assigns, to enter upon and flow the lands of any persent of owner. Son, without the consent of such person; and they shall remove all such nuisances as may be occasioned by the erection of said dam, which may endanger the health of the vicinity. Nuisances to be removed. This act may amended. SEC. 5. The legislature of this Territory (or State) may at any time alter or amend this act, so as to provide for the navigation of said river. APPROVED, January 23, 1839. on one side of a stream, how to acquire a ti tle on the other side. MILLS AND MILLERS. AN ACT regulating Mills and Millers, and for other purposes. SEC. 1. Be it enacted by the Council and House of Owners of land Representatives of the Territory of Iowa, That when any person, owning lands on one side of any stream or water course, the bed of which wholly, or in part, belonging to himself, or herself, and may be desirous of building a water grist mill, or saw mill, on such lands, or to erect any dam across such water course for that purpose, and shall not own the lands on the opposite side of such stream or water course, such Application to person on application to the district court of the district court. county where the opposite lands may be, may obtain a writ of ad quod damnum, to be issued, directed, and proceeded on as is hereinafter directed: Provided, That notice, in writing, of such application be given four weeks before said application by personal service on the owner or owners of such lands, his, her, or their agents, if to be found in the county, and if not, by Proviso, as to notice. affixing such notice on the court house door of the county. SEC. 2. The said writ shall be directed to the writ, to whom sheriff of the county in which the lands to be affected directed, on whom served, thereby may lie, commanding him to summon twelve and notice to good and lawful men of the county, to meet upon owners, &c. the lands in such named, on a day therein to be specified, and ten days' notice of the execution of such writ shall be given by the sheriff to the proprietor of such lands as before directed in the case of notices, unless the party, his, or her, or their agents were present in court when such writ was obtained. view and as age. SEC. 3. The jury so summoned, when met, shall Jury to be be sworn and charged by the sheriff impartially, and sworn and to the best of their skill and judgment to view the charged to lands in the said writ described, and the lands above certain damand below the proposed dam, and ascertain the damage as by said writ directed; and shall locate and set apart, by metes and bounds, so much land as Metes and they shall think necessary for the purpose of erect- bounds ing such dam, not exceeding three acres, having due Limitation. regard, in such location, to the interest of both parties, and shall appraise the same at its true value; also to examine the lands of other persons which may probably be overflown by the erection of such dam, and say what damage each owner will sustain thereby, and whether the dwelling house, out-house, Dwelling housorchard, or garden, of any such owner will be over- es, orchards, flowed, and whether, in their opinion, the health of gardens, the neighborhood will be injuriously affected by Duty of jury, such overflowing; which inquisition shall be made as to inquisiand signed by all the jurors, and returned by the tion. sheriff with the writ to the next term of the court Return by whence it issued. health, &c. sheriff. in court, and SEC. 4. When the inquest aforesaid shall be taken, Notice to ownthe party obtaining the same shall notify the owner ers, to appear or owners of lands mentioned in such inquisition, show cause, &c. whose lands are to be affected by the same, to appear at the district court of the next term therof, and show cause why leave should not be granted to build such mill and dam, which notice shall be served as before directed. SEC. 5. Any person wishing to build such mill and Where the to dam any water course, who may own the land on land, on both both sides of such stream, shall make application sides, is owned by the same as aforesaid to the court of the county where such person. mill is proposed to be erected, for a writ to examine |