or bank bills, authority of law required.

Penalty.

To issue notes. Son, unauthorized by law, in expressed words, shall subscribe to, or become a member of, any association, institution, or company, for the purpose of issuing notes or bank bills, which incorporated banks may or do by virtue of their respective acts of incorporation. And if any person, unauthorized by law as aforesaid, shall hereafter subscribe to, or become a member as aforesaid, he shall forfeit and pay, for every such offence, the sum of one thousand dollars, Who may sue. to be recovered, by any person who shall sue for the Form of action. Same, in an action of debt, one half thereof to his own use, and the other half to the use of the county in which such suit may be prosecuted. APPROVED, January 24, 1839.

Foreign bills

of exchange

protested, how to be paid.

Inland bills of

exchange protested, how to

be paid.

BILLS OF EXCHANGE.

AN ACT concerning Bills of Exchange.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That when any foreign bill of exchange, which may be drawn for any sum of money, and expressed that the value has been received, shall be duly presented for acceptance or payment, and protested for non-acceptance or non-payment, the drawer or endorser thereof, due notice being given of such non-acceptance or nonpayment, shall pay said bill, with legal interest, from the time such bill ought to have been paid, until paid, together with the costs and charges of protest.

SEC. 2. If any bill of exchange drawn upon any person, or body politic or corporate, out of this Territory, but within the United States or their Territories, for the payment of money, and expressed to be for value received, shall be duly presented for acceptance or payment, and protested for non-acceptance or non-payment, the drawer or endorser thereof, due notice being given of such non-acceptance or non-payment, shall pay said bill, with legal interest, from the time such bill ought to have been paid, until paid, and five per cent. damages in addition, together with cost and charges of protest.

APPROVED, January 24, 1839.

BLACKS AND MULATTOES.

AN ACT to regulate Blacks and Mulattoes.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That, from Certificate of and after the first day of April next, no black or freedom requirmulatto person shall be permitted to settle or reside ed under seal. in this Territory, unless he or she shall produce a fair certificate, from some court within the United States, of his or her actual freedom, which certificate shall be attested by the clerk of said court, and the seal thereof annexed thereto by the said court, and give bond, with good and sufficient security, to be Bond and seapproved of by the board of county commissioners curity requirof the proper county in which such person of color ed, and by may reside, payable to the United States, in the ed. penal sum of five hundred dollars, conditioned that In what sum. such person shall not at any time become a charge to Condition. the said county in which the said bond shall be given, nor to any other county in this Territory, as also for such person's good behaviour, which bond shall be filed in the clerk's office of the county where the same may be taken. And a conviction of such Forfeiture. negro or mulatto, of any crime or misdemeanor. against the penal laws of this Territory, shall amount to a forfeiture of the condition of such bond.

whom approv

instituted.

SEC. 2. If any negro or mulatto, coming into this on failure to Territory as aforesaid, shall fail to comply with the comply with provisions of the first section of this act, it shall be this act, proand is hereby made the duty of the county commis-ceedings to be sioners, in any county where such negro or mulatto may be found, to summon him, her, or them, to appear before some justice of the peace to show cause why he, she, or they shall not comply with the provisions of this act; which summons shall be issued by a justice of the peace, on the application of any county commissioner in this Territory, and shall be executed by the proper constable. And if Failing to give such negro or mulatto shall still fail to give the bond, negro or bond and security required by the first section of mulatto to be this act, after being brought before such justice as aforesaid, it shall be the duty of the county commissioners of such county to hire out such negro or mulatto, for six months, for the best price in cash that can be had. The proceeds arising from such Proceeds of hiring shall be paid into the county treasury of the hiring, how

bired out.

disposed of.

Penalty for

prison, with

out authority

of law.

proper county, for the use of such negro or mulatto, in such manner as shall be directed by the board of county commissioners aforesaid.

SEC. 3. Any sheriff, or jailer, who shall hereafter committing to commit, or suffer to be committed, to prison, any negro or mulatto, without a lawful mittimus, or being otherwise authorized by law for that purpose, or under the provisions of this act, such person or persons, so offending, shall pay a fine of not less than fifty, nor more than one hundred dollars.

Penalty for

negro before

giving bond.

SEC. 4. Should any person or persons knowingly hiring, &c., any engage, or hire, or harbor, such negro or mulatto, hereafter coming, or being brought into this Territory, without such colored person first complying with the provisions of this act, such person or persons, so offending, shall pay a fine of not less than five, nor more than one hundred dollars, to be recovered by presentment or indictment.

How recover

ed.

Servants of

visitors ex

SEC. 5. That the right of any person or persons to travellers and pass through this Territory with his, her, or their negroes or mulattoes, servant or servants, when emigrating or travelling to any other State, or Territory, or country, or on a visit, is hereby declared and secured.

empt.

To whom ap

plication shall

be made by persons claim

ing negroes or

mulattoes.

SEC. 6. That in case any person or persons, his or their agent or agents, claiming any black or mulatto person that now is or hereafter may be in this Territory, shall apply to any judge of the district court, or justice of the peace, and shall make satisfactory proof that such black or mulatto person or persons is or are the property of him or her who applies, or for whom application is made, the said judge or justice is hereby empowered and required, by his precept, to Arrest by sher- direct the sheriff or constable to arrest such black iff or constable. Or mulatto person or persons, and deliver the same to the claimant or claimants, his or their agent or agents, for which service the sheriff or constable shall receive Compensation such compensation as they are entitled to receive in other cases for similar services.

to officer. District attor

cute.

SEC. 7. That it shall be the duty of the district neys to prose attorneys, of the respective counties, to prosecute all violations of this act, when thereunto required, and Compensation. they shall be entitled to the same compensation in the manner provided for in other cases of offence against the laws of this Territory. APPROVED, January 21, 1839.

BOATS AND VESSELS.

AN ACT to provide for the collection of demands against Boats and
Vessels.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That every Cases in which boat or vessel used in navigating the waters of this boats or vessels Territory shall be liable,

First, For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel, on account of work done or services rendered on board of such boat or vessel, or on account of labor done or materials furnished by mechanical tradesmen or others in and for building, repairing, fitting out, furnishing, or equipping such boat or vessel.

Second, For all sums due for wharfage or anchorage of such boat or vessel within this Territory.

Third, For all demands or damages accruing from the non-performance or mal-performance of any contract of affreightment, or any contract touching the transportation of persons or property entered into by the master, owner, agent, or consignee of the boat or vessel on which such contract is to be performed. And,

Fourth, For all injuries done to persons or property by such boat or vessel.

shall be liable.

SEC. 2. Any person having a demand as aforesaid, Suit may be instead of proceeding for the recovery thereof against instituted the master, owner, agent, or consignee of a boat or against boat, vessel, may, at his option, institute suit against such &c., by name, boat or vessel by name.

SEC. 3. Any plaintiff, wishing to institute suit Complaint to against a boat or vessel, shall file his complaint against be filed with such boat or vessel, by name, with the clerk of the clerk of district district court of the county in which such boat or ves

sel may lie.

court.

SEC. 4. The complaint shall set forth the plaintiff's And to set demand in all its particulars, and on whose account forth particuthe same accrued. It shall be verified by the affi- lars of demand. davit of the plaintiff, or some credible person or Affidavit. persons for him, and shall stand in lieu of a declaration.

SEC. 5. Whenever any complaint, as aforesaid, Warrant to shall be filed in the office of the clerk of the district issue. court, it shall be his duty to issue a warrant, return

able as a summons, directing and authorizing the sheriff to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, together with its tackle, apparel, and furniture, until discharged from such custody by due course of law. SEC. 6. Upon the return of any warrant issued by district court. virtue of the preceding section, proceedings shall be had in the district court against the boat or vessel sued, in the same manner as if suit had been instituted against the person on whose account the demand accrued.

Proceedings in

The master, owner, &c.,

SEC. 7. The master, owner, agent, or consignee of the boat or vessel may appear on behalf of such may plead to boat or vessel, and plead to the action.

the action.

Time and

manner of

SEC. 8. The district court may by rule prescribe the time and manner of pleading, of exhibiting or pleading, &c. filing papers, or taking any needful step in any suit to be commenced under this act, when the time and manner are not prescribed by this law.

Bond being

vessel to be discharged.

SEC. 9. If the master, owner, agent, or consignee executed to the shall, before final judgment in any suit instituted by plaintiff, boat or virtue of this act, give bond to the plaintiff with sufficient security to be approved of by the court, or the judge or clerk thereof in vacation, conditioned to satisfy the amount which shall be judged to be owing and due to the plaintiff in the determination of the suit, together with all costs accruing, such boat or vessel with the tackle, apparel, and furniture belonging thereto shall be discharged from further detention by the sheriff.

Boat or vessel

to be sold to satisfy judg

ment and costs.

If bond given, execution to issue against principal and security.

Cases in which

SEC. 10. If judgment shall be rendered against any boat or vessel in favor of the plaintiff, the court shall make an order directed to the sheriff commanding him to sell such boat or vessel, together with its tackle, apparel, and furniture, to satisfy the judgment and all costs that may have accrued in the cause, which order shall be executed and returned in the same manner as executions.

SEC. 11. If bond and security shall have been entered into according to the provisions of the ninth section of this act, and judgment shall have been rendered in favor of the plaintiff, execution shall be issued for the amount of judgment and costs in favor of the plaintiff against the principal and security in such bond.

SEC. 12. Justices of the peace within their respecjustices of the tive counties shall have cognizance of all cases arising under this act, wherein the demand claimed

peace may