as may, from time to time, be required of him by

law, then the above obligation to be void, otherwise To be signed, to remain in full force and virtue," which said bond sealed, attested shall be signed and sealed by the public adminis- and filed. trator, and his securities, and attested by the judge of probate, and filed in his office.

tion may be revoked.

SEC. 5. In all cases, when administration shall When letters have been granted to any public administrator, as of administraaforesaid, and it shall afterwards appear, that there is, or are, a widow, or next of kin, or creditor, or creditors, of the deceased, entitled to the preference of administrator, by this act, it shall be the duty of the court of probate to revoke the letters granted to such public administrator, and to grant the same to such widow, next of kin, creditor, or creditors, as shall be entitled thereto: Provided, Proviso and That application shall be made to the court of probate, of the proper county, by such person, or persons, within six months after letters shall have been granted to the public administrator as aforesaid, saving to such admistrators, in all cases, all such sum or sums of money as may be due to him from

limitation.

such estate on account of commission and expenses Commission due to and incurred by him in the management of and expenses. said estate.

public administrator.

SEC. 6. If any balance of any such intestate estate, Balances in as may at any time be committed to any public ad- the hands of ministrator, as aforesaid, shall remain in the hands of such administrator, after all just debts and charges against such estate shall have been fully paid, which shall have come to the knowledge of such public administrator, for two years after the administration of such estate shall have been committed to him, as aforesaid, such administrator shall cause the amount thereof, with the name of the intestate, the time and Notice thereof, place of his, or her, decease to be published in some how given. one of the newspapers printed in this Territory, for eight weeks successively, notifying all persons having claims or demands against such estate, to exhibit the same, together with the evidence in support thereof, before the court of probate of the proper county, within six months after the date of Limitation. such notice, or that the same will be forever barred, and if no such claim be presented for payment, or distribution, within the said time of six months, such balance shall be paid into the county treasury,

and the county shall be answerable for the same, County to anwithout interest, to such person or persons as shall swer for such

balances; how thereafter appear to be legally entitled to the same, any shall ever appear.

and to whom.

Protection of

before administration shall have been granted.

if

SEC. 7. Upon the death of any person, or intesproperty, &c., tate, not leaving a widow, or next of kin, or creditor, or creditors, within any county of this Territory, it shall and may be lawful for the public administrator of the county, wherein such person may have died, as aforesaid, or wherein the goods and chattels, rights and credits of such decedent shall be, in case such person shall have been a non-resident, to take such measures as he may deem proper for the protection and securing the property and effects of such intestate, from waste and embezzlement, until administration thereon shall be granted to the person entitled thereto, as aforesaid, the expenses whereof shall be paid to such public administrator upon the allowance of the court of probate, in preference to all other demands against such estate, funeral expenses excepted.

Allowance therefor.

APPROVED, January 19, 1839.

What contracts, &c.,

hereafter made shall be deemed valid.

Conveyances

to be binding and effectual.

PUBLIC LANDS.

AN ACT to provide for the collection of demands growing out of contracts for sales of improvements on public lands.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That all contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith and without fraud, collusion, or circumvention, for sale, purchase, or payment, of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts.

SEC. 2. That all deeds of quit claim, or other conveyance, of all improvements upon public lands, shall be as binding and effectual, in law and equity, between the parties, for conveying the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises conveyed. APPROVED, January 15, 1839.

PUBLIC LANDS.

AN ACT to prevent trespass and other injuries being done to the possession of settlers on the public domain, and to define the extent of the right of possession on the said lands.

SEC. 1. Be it enacted by the Council and House of

"claims."

Representatives of the Territory of Iowa, That here- Possession of after in actions of trespass, quare clausum fregit, tres- unenclosed pass, ejectment, forcible entry and detainer, as well public lands or as forcible detainer only, when any person may be settled on any of the public lands in this Territory, where the same have not been sold by the General Government, his, her, or their possession shall be considered on the trial as extending to the boundaries embraced by the "claim" of such person or persons, so as to enable him, her, or them, to have and maintain either of the aforesaid actions without being compelled to prove an actual enclosure: Pro- Proviso. vided, that such “claim” shall not exceed in number of acres the amount limited to any one person, according to the custom of the neighborhood in which said land is situated, and shall not in any case exceed in extent three hundred and twenty acres: And pro- Proviso. vided, That such "claim" may be located in two different parcels as will suit the convenience of the holder. But no such holder shall be entitled to hold a "claim" less than the smallest legal subdivision, agreeably to the laws of the United States relative to selling the public lands. And all such claim, or part of a claim, shall be marked out, so that the boundaries thereof can be readily traced, and the extent of said claim easily known: Provided, That no person Proviso. shall be entitled to sustain either of said actions for possession of, or injury done to, any "claim" (except mineral lots) unless he has actually made an improvement, as required by the custom of the neighborhood in which such claim or claims may be situated.

SEC. 2. A neglect of a claim by the owner, and Abandonment. those under whom he claims, for a period of six months, or more, shall be considered such an abandonment as to preclude said owner from sustaining either of the aforesaid actions.

tions may be

SEC. 3. Nothing in this act contained shall be con- Particular case strued to prevent any person from sustaining either in which acof the aforesaid actions, when there shall be an sustained. actual enclosure, for an injury done within the same, although the "claim" of such person, enclosed and

whom, by

whose instance,

of a quo war

ranto, may

filed.

be

unenclosed, may exceed in the whole three hundred and twenty acres.

APPROVED, January 25, 1839.

QUO WARRANTO.

AN ACT relating to information in the nature of quo warranto and regu lating the mode of proceeding thereon.

SEC. 1. Be it enacted by the Council and House of When, against Representatives of the Territory of Iowa, That when any person or persons shall usurp, intrude into, or whom, and at unlawfully hold or exercise any public civil office, or an information, any franchise within this Territoty or any office in any n the nature corporation created by the authority of this Territory, or when any public civil officer shall have done, or suffered any act, which, by the provisions of law shall work a forfeiture of his office, or when any association of persons shall act as a corporation within this Territory without being lawfully incorporated, the District Attorney of the proper county shall, when directed by the Governor, the District Court of the proper county, or the Legislative Assembly, or he may, upon his own relation, or the relation of any private individual, upon leave granted by said. court in term time, or the judge thereof, in vacation, file an information in the nature of a quo warranto in the said court.

Summons, service, return &

appearance.

What right determined by

SEC. 2. Whenever any such information shall be filed a summons shall be issued thereon which shall be served and returned forthwith, and whenever the same shall be returned served, the clerk of the court shall enter the defendant's appearance.

SEC. 3. Whenever any such information shall be filed against any person for usurping any office, as in the judgment. the first section provided, the District Attorney in addition to the other matters required to be set forth in the information, may also set forth therein the name of the persons, if any there should be, who may claim to be rightfully entitled to such office, with an averment of his right thereto, and in every such case judgment shall be rendered upon the right of the defendant, and also upon the right of the party so averred to be entitled, or only upon the right of the defendant, as justice shall require.

Oath of office,

bond and de

SEC. 4. If judgment be rendered upon the right of the person so averred to be entitled, and the same be

in favor of such person, he shall be entitled after mand for books, taking the oath of office and executing any official papers, &c. bond which may be required by law, to take upon him the execution of the office, and it shall be his duty immediately thereafter, to demand of the defendant in such information all the books and papers in his custody, or within his power, appertaining to the office from which he shall have been ousted.

SEC. 5. If any such defendant shall refuse or neg-Refusal, a conlect to deliver over any such books or papers, pur- tempt; fine and suant to any such demand, he shall be deemed guilty therefor. punishment of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and be imprisoned in the cell or dungeon of the jail of the county until he shall comply with the order of the court, or be otherwise discharged by due course of law.

Limitation,

one year.

SEC. 6 If judgment be rendered upon the right of Suit for damathe person so averred to be entitled, in favor of such ges. person, he may, at any time within one year from the date of said judgment institute any suit which may be proper in the premises against the defendant, previously ousted, and recover the damages which he may have sustained by reason of the usurpation of said defendant.

SEC. 7. Where several persons claim to be entitled Plurality of to the same office, or franchise, an information may claimants. be filed against all such persons, in order to try their respective rights to such office or franchise.

rations; by

SEC. 8. An information in the nature of a quo war- quo warranto ranto may also be filed by any district attorney upon against corpohis own relation, or on the relation of any other per- whom filed, at son, on leave granted, and shall be so filed where the whose instance, same shall be directed by the Governor, the Legisla- and in what tive Assembly, or the district court of the proper cases. county, against any corporate body, when such corporation shall have: 1. Offended against any of the provisions of the act or acts creating, altering, amending, or renewing such corporation: 2. Whenever it shall have forfeited its privileges and franchises by non-user: 3. Whenever it shall have done or omitted any acts which amount to a surrender of its corporate rights, privileges, and franchises: 4. Whenever it shall have misued any franchise or privilege conferred, or exercised any franchise or privilege not conferred on it by law, and it shall be the duty of the district attorney to apply for leave to file such information in every case provided for in this