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. by fine or im 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 &c., punished 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 mitting gaming table, &c., to be set up or used, how punished. Keeping a ga. ming house. Fine. Leasing any SEC. 5. Every person who shall suffer or permit any gaming table, bank or device prohibited by the preceding 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. 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 galet 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 tables and gaming houses. 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. doors. 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. 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. breaches of this act. to grand jury. 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 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 Forfeiture of office and fine for non-performance of this duty. that shall come to their knowledge he shall be This act to take effect from and after its passage. the Half Breed Lands. HALF BREED TRACT. AN ACT to provide for the collection of Taxes off the Half Breed Lands, in SEC. 1. Be it enacted by the Council and House of County com. to Representatives of the Territory of Iowa, That it shall furnish assess- be the duty of the board of county commissioners, ment book of for the county of Lee, at their April term, to make, or cause to be made, a complete assessment book of the Half Breed Lands in said county, and furnish the assessor with the same, whose duty it shall be to assess and enter the same in his assessment book, by quarter sections, lots, or parcels, as the same may be claimed. Duties of the assessor. Clerk to make list of lands, and deliver same to sheriff. Authority to sheriff to sell lands not claimed, &c. SEC. 2. That it shall be the duty of the assessor to take down the names of all persons who are residing on, or claiming, any portion of said land, together with the numbers, and particular share, or shares, or parts of shares, as the claimants or owners may give in, and make an entry of the same in his assessment book, noting as near as may be the number of acres claimed, and the amount of tax required to be paid on the same, and make a return of his doings to the clerk of the board of county commissioners of said county. SEC. 3. That it shall be the duty of said clerk, forthwith, on the receipt of the same, to make out a complete list of all the lands that have been given in, and also a list of all that have not been claimed or given in to the assessor, and give the said lists to the sheriff of said county, for the collection of the taxes on the same. SEC. 4. That the said sheriff shall proceed to collect the taxes so assessed and unpaid; and if it shall appear that any of said lands have not been claimed and given in to the assessor, the said sheriff shall proceed to sell the same by quarter sections, or fractional quarter sections, agreeably to law in such cases made and provided, or so much thereof as may be necessary to satisfy the taxes, and costs of the same. APPROVED, January 24, 1839. HALF BREED TRACT. AN ACT to repeal an act of the Wisconsin Legislature, entitled "An Act for the partition of the Half Breed Lands, and for other purposes," and an act supplementary thereto, approved June 22, 1938. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That an act, Acts repealed. entitled "An Act for the partition of the Half Breed Lands, and for other purposes," and An Act supplementary thereto, approved June 22, 1838, be, and the same are hereby repealed. in dist. court. SEC. 2. That the several commissioners, appointed Suits may be by and under that act to sit and take testimony, may brought immediately, or as soon as convenient, commence against owners actions, before the district court of Lee county, for their several accounts against the owners of the said "Half Breed Lands," and give eight weeks notice, in Notice to be the Iowa Territorial Gazette, to said owners of such given. suits; and the judge of said district court, upon the trial of said suits before it, at its next term, shall, if said accounts are deemed correct, order judgment. for the amounts, and costs, to be entered up against said owners, and said judgment shall be à lien on Judgment to said lands, and a right of redemption thereto. Said bear interest. judgment, when entered, shall draw interest at the rate of twelve per cent. per annum. SEC. 3. The words, "Owners of the Half Breed Designation of Lands, lying in Lee county," shall be a sufficient defendants. designation and specification of the defendants in said suits. SEC. 4 All the expenses, necessarily incurred by Expenses to be said commissioners in the discharge of their duties included in under the above named acts, shall be included in their accounts. the accounts. Act to be liberally construed. SEC. 5. The trial of said suit, or suits, shall be Trial before before the court, and not a jury; and this act shall the court. receive a liberal construction, such as will carry out the spirit and intention thereof. APPROVED, January 25, 1839. |