tions.

in this act contained shall be so construed as to pre- general and vent any sheriff from appointing so many deputies special deputaas he may deem proper, and further, that no person deputed to do a particular act only, shall be required to take the oath, or affirmation, to be taken by the deputies of sheriffs.

and duties, &c.

SEC. 15. Whenever the office of any sheriff shall Expiration of have expired, it shall be lawful for the same person, sheriff's office, whether re-appointed or not, and his deputy, or dep- and his powers uties, to continue to perform all the duties of sheriff, until his successor shall be commissioned and qualified as hereinbefore directed, and whenever any sheriff shall go out of office, and his successor in office shall be qualified as atoresaid, the clerk of the district court shall issue a notice in writing stating New sheriff, that has been appointed sheriff, and is qual- notice hereof. ified according to law, which notice shall be served by the new sheriff, and the former sheriff shall, thereupon, transfer and deliver to the new sheriff all the Transfer of pawrits, process, and papers belonging to his office, ex- pers, prisoners, cept as hereinafter excepted, and also the possession jail, &c., and of the court house, and jail of his county, and shall take from the new sheriff, a receipt specifying the papers so delivered over, and the prisoners in custody, if any, which receipt shall be sufficient indemnity to the person taking the same.

receipt for the

same.

&c., when to

be retained.

SEC. 16. Every sheriff, going out of office, at the Executions, fee expiration of his term, and having any writ of fieri bills, tax lists, facias, or fee bill, which he may have levied, but not collected, or any tax list, uncollected, shall be and is hereby authorized to proceed on and collect such execution, fee bill, or tax list, in the same manner as if his office had not expired.

soners, &c.

SEC. 17. Sheriffs, and jailors, shall receive from Duty of sheriffs any constable, or other officer, without taking any- and jailors, in thing therefor, and safely keep in prison, all felons regard to priindicted, or taken in the fact. who shall be taken by any constable, or other officer, and shall not, of their own authority, let out of prison any person in their custody, by virtue of any process, for any felony, or upon any condemnation, or committed by special order, of any court, or justices, upon pain of being punished by fine and imprisonment, and to answer Penalties. the damages of the party aggrieved, if any be thereby aggrieved.

SEC. 18. It shall not be lawful for any sheriff, or Male and fejailor, to confine male and female prisoners, who are, male prisoners, or shall be imprisoned, except husband and wife, in to be kept in

separate rooms any jail in this Territory, in the same prison room, and in case any sheriff, or jailor, shall offend in the premises, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined at the discretion of the court, before whom such conviction shall be had.

Penalty.

What shall be

cape.

SEC. 19. All prisoners who shall be committed to deemed an es- any prison, shall be actually detained within such, until they shall be from thence discharged, by due course of law, and if at any time the keeper of any prison permit, or suffer any prisoner committed to his custody to go, or to be at large, out of his prison, except by virtue of some writ of habeas corpus, or otherwise, agreeably to law, every such going or being out of prison, shall be adjudged, and is hereby declared, an escape.

Penalties, on

escapes.

SEC. 20. If any sheriff, or any keeper of any prison, conviction for shall take any sum of money, reward, or gratuity whatsoever, or any security for the same, to procure, assist, connive at, or permit any escape of any person in his custody, and shall be thereof lawfully convicted, every such sheriff, or keeper, shall, for every such offence, forfeit the sum of two hundred and ninety dollars, and liable to all the pains and penalties of perjury, and be forever after incapable of executing the said office.

Duties of sher

for the security of prisoners.

SEC. 21. That whenever the commissioners of any iffs, as to jails, county in this Territory, shall neglect or refuse to and providing provide a sufficient jail for the confinement of prisoners, or where they shall fail to direct the necessary measures for the preservation of the prisoners, when confined in jail, then and in that case, it shall be the duty of the sheriff, and he is hereby authorized, with the approbation of the judge of the district court, to employ such means for the safe keeping of all prisoners committed to his custody, either by repairs to the jails, or by confinement in some secure place Health of pris- within his county, and also, in his discretion, to provide for the health of the prisoners, as aforesaid. APPROVED, January 21, 1839.

oners.

SHERIFFS,

AN ACT providing for the relief of the sheriffs of Lee and Scott counties.

SEC. 1. Be it enacted by the Council and House of Further time Representatives of the Territory of Iowa, That Fraxallowed for ton W. Gillock, sheriff of Lee county, and Frazer

Wilson, sheriff of Scott county, be and they are. hereby allowed further time until the April term of the board of the county commissioners' court, for the year eighteen hundred and thirty-nine, to make their delinquent returns and final settlement with the said court for the year 1838.

APPROVED, January 23, 1839.

final settlement with the court.

SHERIFFS.

AN ACT for the relief of the sheriff of Cedar county.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the Taxes for 1888, taxes now remaining due and unpaid on any per- to be collected sonal property, in the county of Cedar, for the before Oct. year A. D. 1838, shall be collected and returns thereof made on or before the first day of October, 1839.

next.

SEC. 2. It shall be the duty of the sheriff to pro- Duty of sheriff. Iceed to collect the same, and make returns thereof before the time specified in the foregoing section. APPROVED, January 23, 1839.

SHERIFFS.

AN ACT to provide for the compensation of sheriffs of the different counties of this Territory, for ordering elections and posting up notices.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That there Sums to be shall be paid out of any monies that have been, or paid to the may hereafter be appropriated by Congress, for sheriffs of the defraying the expenses of the present Legislative ties. Assembly:

several coun

To James Cameron, sheriff of Des Moines county, Des Moines. one hundred dollars.

To James Davis, sheriff of Muscatine county, fifty Muscatine. dollars.

To George W. Cummmins, sheriff of Du Buque Du Buque. county, fifty dollars.

To Frazer Wilson, sheriff of Scott county, fifty Scott. dollars.

To Joshua Owens, sheriff of Lee county, fifty dol- Lee. lars.

To Andrew Kennedy, sheriff of Henry county, Henry. fifty dollars.

Van Buren.

Louisa.

Jackson.

Cedar.

Clayton.

Johnson.

To Henry Heffleman, sheriff of Van Buren county, fifty dollars.

To Martin Harless, sheriff of Louisa county, fifty dollars.

To William A. Warren, sheriff of Jackson county, fifty dollars.

To J. W. Tallman, sheriff of Cedar county, fifty dollars.

To. J. B. Griffith, sheriff of Clayton county, fifty dollars.

To Samuel C. Trowbridge, sheriff of Johnson county, twenty-five dollars.

APPROVED, January 25, 1839.

Duties of mas

STEAM BOATS.

AN ACT to prevent disasters on steam boats, navigating the waters within the jurisdiction of the Territory of Iowa.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That it shall ters, as regards be the duty of the owners, of steam boats, navigating officers, crew, on the rivers and lakes within the jurisdiction of this boilers, engine, Territory, to have a competent master, officers, and

tackle, &c.

Boats, ascending and de

crew on board, and to have a substantial and sufficient engine, boiler, or boilers, and to have the same, at all times, in good and safe order and condition, and have the vessel supplied with all necessary boats, tackle and furniture, and in every respect sea worthy. SEC. 2. In ascending and descending navigation, the said boats shall conform to the following regu scending, how lations: The descending boat shall keep the shore, or bar, she may be on, until the ascending boat passes, and, when both boats are running, the descending boat shall keep the middle of the channel, or in the deepest water, and, in all cases, when it is practicable, leave room for the ascending boat to pass on either side.

regulated, in passing each other.

night, how managed.

Boats passing SEC. 3. When two boats meet in a contracted part in narrow chan- of the river, or in any narrow, or intricate channel, nels, and in the both boats shall stop their engines, or work them very slow, until they pass each other, and in the night time the descending boat shall not take any of the small chutes, but shall keep the main channel, in order to avoid the ascending boats.

Duty of passengers, in the

SEC. 4. It shall be the duty of the masters, and officers of all steam boats, to keep their vessels, at

all times, well and steady trimmed, and particularly observance of in coming to and departing from shore, and for that rules. purpose the passengers and all others on board the boat shall strictly obey the directions of the master, or officers on watch, and keep the place, or position, they may be directed, and under such pecuniary fine, or penalties, as the rules and regulations of the boat,

in that behalf, shall impose, which rules and regula- Rules kept up. tions shall be constantly kept up, in at least five conspicuous and different parts of the boat.

SEC. 5. The master, and owners, shall be severally Responsibiliand jointly responsible for all damages which any ties of masters person may sustain by the neglect, or refusal to com- and owners. ply with the requisitions of the foregoing section.

SEC. 6. If any loss of life shall ensue, from any Loss of life neglect, or refusal on part of the officers, the officers from neglion watch and conducting the boat at the time, shall gence, &c. be deemed guilty of the crime of manslaughter, and upon conviction thereof, shall be punished accord- Penalty. ingly.

ited, and accountability

SEC. 7. It shall not be lawful for steam boats to run Racing prohibraces, for the trial of speed, or for any other purpose, and the owner and officers, severally and jointly, 'thus incurred. shall be liable and responsible for all damages which any one may sustain, from any accident, or casualty, which may happen during said race.

penalties here

SEC. 8. And, moreover, in case of loss of life, or Loss of life, oclives in consequence of said racing, the master of the casioned by boat, or person, or persons, having command thereof racing, and for the time being, shall be deemed guilty of a high by incurred. crime and misdemeanor, and, on conviction thereof, shall be fined in a sum not exceeding five thousand dollars, nor less than five hundred dollars, or imprisoned for any time not exceeding ten years.

steam boat masters herein.

SEC. 9. That, in landing passengers from steam Landing of boats, the master shall cause the vessel to be brought passengers, to shore, whenever practicable and convenient, and duties of and especially when females, or children, are to be landed; and whenever impracticable, or decidedly inconvenient so to do, may land the passengers in good, sufficient, and comfortable boats, to be at all times kept for that purpose, and managed by a sufficient number of civil, competent and careful men, and during the time of disembarking from the steam boat, into the small boat, and of leaving the vessel, the engine shall be stopped, and the speed of the vessel checked.