lic buildings at $20,000 appro- the governor and legislative assembly. And the sum priated for the of twenty thousand dollars, out of any money in the erection of pub- treasury, not otherwise appropriated, is hereby the seat of go- granted to the said Territory of Iowa, which shall be applied, by the governor and legislative assembly thereof, to defray the expenses of erecting public buildings at the seat of government vernment. of the U. S.how elected, &c. Delegate to the SEC. 14. And be it further enacted, That a delegate House of Reps. to the House of Representatives of the United States, to serve for the term of two years, may be elected by the voters qualified to elect members of the legislative assembly who shall be entitled to the same rights and privileges as have been granted to the delegates from the several territories of the United States to the said House of Representatives. The first election shall be held at such time and place or places, and be conducted in such manner as the governor shall appoint and direct. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given to the person so elected. Suits, &c. un 3d July next in the district courts of Wis SEC. 15. And be it further enacted, That all suits, determined on process, and proceedings, and all indictments and informations, which shall be undetermined on the third day of July next, in the district courts of Wisconsin Territory, west of the Mississippi river, shall be transferred to be heard, tried, prosecuted and determined in the district courts hereby established, which may include the said counties. consin, west of the Mississip pi shall be transferred to the district courts hereby established. Judicial officers, in office 3d July next, SEC. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and all other executive and judicial officers, who shall be in office on the third day of July next, in that portion of the shall act tem- present Territory of Wisconsin, which will then, by porarily until this act, become the Territory of Iowa, shall be, and their places are are hereby authorized and required to continue to exercise and perform the duties of their respective offices, as officers of the Territory of Iowa, temporarily, and until they or others shall be duly appointed to fill their places by the territorial government of Iowa, in the manner herein directed: Provided, That no officer shall hold or continue in office by virtue of this provision, over twelve months from the said third day of July next. filled by the government of Iowa. Proviso. Causes removed from the courts of Wis consin, west of the Mississip SEC. 17. And be it further enacted, That all causes which shall have been or may be removed from the courts held by the present Territory of Wisconsin, in the counties west of the Mississippi river, by appeal Wisconsin, or otherwise, into the supreme court for the Territory pi, into the suof Wisconsin, and which shall be undetermined preme court of therein on the third day of July next, shall be certi- undetermined fied by the clerk of the said supreme court, and trans- on 3d July next ferred to the supreme court of said Territory of Iowa, transferred to there to be proceeded in to final determination, in the supreme the same manner that they might have been in the court of Iowa. said supreme court of the Territory of Wisconsin. library to be kept at the seat SEC. 18. And be it further enacted, That the sum $5,000 approof five thousand dollars be, and the same is hereby, priated for the appropriated, out of any money in the Treasury not purchase of a otherwise appropriated, to be expended by, and under the direction of, the Governor of said Territory of of government, Iowa, in the purchase of a library, to be kept at the &c. seat of government, for the accommodation of the governor, legislative assembly, judges, secretary, marshal, and attorney of said Territory, and such other persons, as the governor and legislative assembly shall direct. House of Reps. zation to take SEC. 19. And be it further enacted, That from and Term of the after the day named in this act for the organization members of the of the Territory of Iowa, the term of the members Council and of the Council and House of Representatives of the of Wisconsin Territory of Wisconsin shall be deemed to have to expire on 3d expired, and an entirely new organization of the July next; and Council and House of Representatives of the Terri- a new organitory of Wisconsin, as constituted by this act, shall place. take place as follows: As soon as practicable, after the passage of this act, the governor of the Territory of Wisconsin shall apportion the thirteen members Apportionof the Council, and twenty-six members of the House ment of the of Representatives among the several counties or Council and districts comprised within said Territory, according House of Reps. to their population, as nearly as may be, (Indians members of the how conducted excepted.) The first election shall be held at such First election, time as the governor shall appoint and direct, and when held, shall be conducted, and returns thereof made in all &c. respects according to the provisions of the laws of said Territory, and the governor shall declare the person having the greatest number of votes to be elected, and shall order a new election when there is a tie between two or more persons voted for, to supply the vacancy made by such tie. The persons thus elected shall meet at Madison, the seat of govern- Time and ment, on such day as he shall appoint, but thereafter, place of meetthe apportioning of the representation in the several counties, to the Council and House of Representatives, according to population, the day of their elec ing. Govr. of Iowa dicial districts, assign the jud holding the tion, and the of day for the commencement the session of the legislative assembly shall be prescribed by law. SEC. 20. And be it further enacted, That tempomay temporari- rarily, and until otherwise provided by law of the ly define the ju- legislative assembly, the governor of the Territory of Iowa may define the judicial districts of said Terges, and appoint ritory, and assign the judges who may be appointed the times of for said Territory, to the several districts, and also appoint the time for holding courts in the several counties in each district, by proclamation to be issued sembly may al- by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times of holding the courts, or any of them. APPROVED June 12, 1838. courts; but the legislative as ter the same. LAWS OF IOWA TERRITORY. ABATEMENT. AN ACT relative to pleas in abatement, and the abatement of suits by the death of parties. the party file an SEC. 1. Be it enacted by the Council and House of Pleas in abateRepresentatives of the Territory of Iowa, That no ment not to be plea in abatement, other than a plea to the jurisdic- received unless tion of the court, or where the truth of such plea affidavit. appears of record, shall be admitted or received, unless the party offering the same file an affidavit of the truth thereof. And where a plea in abatement If plea be inshall upon argument be determined insufficient, the sufficient, plaintiff shall receive full costs to the time of over- plaintiff to ruling such plea. have costs. SEC. 2. When one or more of the parties of a com- Companies or pany or association of individuals shall be sued, and associations. the person or persons so sued shall plead in abatement that all the parties were not joined in the suit, such suit for that cause shall not abate, if the plaintiff Case in which or plaintiffs sue out a summons against the other suit shall not partners named in the plea of abatement, and on the abate. return of the summons may insert in the declaration the names of the other partners named in such plea, and proceed in all respects thereafter as though such Plaintiff how other partners named in said plea had been included to proceed. in the original suit. And if such partners named in Further prosaid plea cannot be found, the plaintiff or plaintiffs, ceedings by upon the return of the said summons, may suggest plaintiff, if parin his declaration the names of those not found, and proceed as in other cases where service is only made be found. on part of the defendants. And no other plea in abatement for non-joinder shall be allowed in the case. ties named in the plea cannot No other plea for non-joinder allowed. count of mar SEC. 3. No action commenced by a single woman, Suit by a single who intermarries during the pendency thereof, shall woman not to abate on account of such marriage: Provided, the abate on achusband shall appear in court, and cause such mar- riage. riage to be suggested on the record, and the suit may Proviso. then proceed in the same manner as if it had been commenced after such marriage. SEC. 4. When any action shall be pending in any of Suit not to the courts of this Territory, and the plaintiff, before abate by death final judgment, shall die, the same shall not abate, if of plaintiff. how to proceed. Suit not to of defendant. Defendant's ed. Executor, &c. it might originally have been prosecuted by his executor or administrator; and in such cases the executor or administrator may suggest such death on the record, and enter his, her, or their names on the suit, abate by death and prosecute the same. And if the defendant, while the action shall be pending in court, and before final judgment, shall die, the same shall not abate if it might originally have been prosecuted against the executor or administrator. And his executor or executor, &c. administrator may suggest such death on the record, to be summon- and have a summons against the executor or administrator of such deceased defendant requiring them Whether such to appear and defend the action. If the said executor or administrator of such deceased defendant shall appear and make him, her, or themselves defendants, or if they shall not appear and make themselves defendants (such summons being served on either the executor or administrator ten days before the sitting of the court) the action shall in either case In a suit against proceed to final judgment according to law. And an administra- when a suit shall be commenced against an admintor, if his let- istrator, and before final judgment his letters of executor &c. appear or not, action to proceed to final judgment. ters of adminis tration be re administration shall be revoked, and letters of adminvoked, plaintiff istration be granted to another person, the suit shall how to proceed. not abate, but the plaintiff shall suggest such fact upon record, and after summons shall be served upon the last administrator, the suit shall proceed to final judgment as in other cases under this act. If one or more or defendants die, and the SEC. 5. In any action pending before any court, if of the plaintiffs there be two or more plaintiffs or defendants, and one or more of them die before final judgment, if the cause of action survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or remaining par- defendants, the writ or action shall not abate, but ties may prose such death being suggested on the record, the action shall proceed. cause of action survive, cute or defend. 3d, 4th, & 5th SEC. 6. The third, fourth, and fifth sections of this sections appli- act shall be applicable to all appeals and writs of cable to appeals &c. Abbreviations not to preju error. SEC. 7. No writ or process whatsoever shall abate or be in anywise prejudiced by the use of abbreviadice or abate tions commonly used in the English language, or by the use of figures for numbers as they have been heretofore and are now used. any writ or process. Repealing clause. SEC. 8. The act entitled "An act to prevent the abatement of actions in certain cases," approved October 12, 1829, is hereby repealed. APPROVED December 5, 1838. |