SEC. 19. Where such justification shall not take If not in open place in open court, it shall be made by affidavit, court, justifiwhich shall be filed with the clerk of the court cation to be made by affiaforesaid. davit.

and security

may defend.

SEC. 20. If the defendant do not appear as afore- Def't failing to said, the cause notwithstanding may progress in the appear, sheriff ordinary manner, the sheriff and the security in the bail bond (if one shall have been taken) may be admitted to defend the action; and if judgment Judgment. therein be rendered for the plaintiff, it shall be jointly against the defendant, the sheriff, and the security aforesaid, or merely against the defendant. and sheriff, if no bail bond shall have been taken.

SEC. 21. In such case the sheriff, on motion, may Remedy to have judgment for the same amount against the sheriff defendant, or (if a bail bond shall have been given) against the defendant and the security therein jointly. In the latter event, such security may also,

on motion, have judgment for the like amount To security. against the said defendant.

SEC. 22. The judgments aforesaid, in favor of the For what am't sheriff and security on the bail bond, being merely execution shall intended for their indemnification, execution shall issue. only be issued thereon for the amount collected of such parties respectively on the antecedent judgment as aforesaid; which amount shall appear from the return of the officer in whose hands the execution on such antecedent judgment shall have been placed.

SEC. 23. Where judgment shall have been rendered to be levied jointly against the defendant, the sheriff, and the on defendant's security, the officer, to whom the fieri facias thereon property, if shall have been directed, shall levy in the first instance on the property of the defendant, if any such be found.

any.

sheriff and se

SEC. 24. If such property be sufficient to satisfy Arrest or surthe said judgment and costs, or if, before a levy render of def't upon the property of the said sheriff or security, the to discharge said defendant be arrested by, or surrendered to, curity. said sheriff, both the sheriff and the security aforesaid shall be released from all liability by reason of said judgment.

sheriff.

SEC. 25. The defendant in such case shall be con- To remain in sidered as having been arrested by execution against custody of his body (where indeed such was not the fact) and shall remain in the custody of the sheriff until the payment of the judgment, or until he be discharged by due course of law.

Bail may sur

pal, or def't

SEC. 26. The bail of any defendant (whether bound render princi- by bail bond, or by recognizance as aforesaid) may surrender their principal, or such defendant may surrender himself in exoneration of his bail; which surrender must be to the sheriff, either in open court, or in vacation.

may surrender himself.

Surrender to be

certified, and bail discharg

ed.

Surrender

made before

bail.

SEC. 27. Where such surrender shall be made to the sheriff in vacation, he shall thereupon certify the fact, in writing, that the defendant is in his custody. Upon such certificate being filed with the clerk of the court, he shall enter on the record of the court an order of course that the bail be discharged, and shall also, on demand, deliver up the bail bond, or the written recognizance (if such shall have been filed with him as aforesaid) to be cancelled. SEC. 28. Where such surrender shall have been made previous to the time for filing special bail as filing special aforesaid, the sheriff shall again release the defendant upon the same terms and conditions as after the original arrest; and if such surrender shall be made after the filing of special bail as aforesaid, the defendant may give such bail anew in the same manner and with like effect as hereinbefore provided. SEC. 29. In all cases where a recognizance and charge of def't affidavit of justification, as aforesaid, shall be filed on filing recog. with the clerk, he shall enter on the records of the court an order of course that the defendant be discharged from custody, and shall, on demand, furnish the agent or attorney of the defendant an exemplified copy thereof.

After.

Order for dis

and affidavit.

Copy of order

sheriff.

Bail may arrest defendant.

SEC. 30. The sheriff, upon being served with said to be served on copy, shall forthwith discharge the said defendant. SEC. 31. Any one of the bail aforesaid, upon application to the said clerk of the court, may obtain a capias to him, directing and authorizing him to arrest the defendant wherever he may be found in this Territory, and bring him forthwith to be surrendered to the sheriff of the proper county.

Copy of bail bond must ac

company capias, to render it

valid in other

counties.

Defendant

ed by bail in

SEC. 32. Such capias, to be valid in any other county than that in which it shall have been issued, must be accompanied by a copy of the bail bond or recognizance aforesaid, certified by the clerk under

the seal of the court.

SEC. 33. Subject to the qualification contained in may be arrest the last preceding section, said bail, by virtue of the capias aforesaid, shall in any county in this Territory possess all the powers of the sheriff of such county to arrest the defendant, and may use all needful

any part of the Territory.

means to secure said defendant for a reasonable time until he can be surrendered to the sheriff of the proper county.

SEC. 34. All costs and expenses incident to the Costs on sursurrendering of the defendant, and giving new bail render and as aforesaid, shall be paid eventually by the defend- new bail.

ant.

SEC. 35. The plaintiff in the action shall not be When plaintiff entitled to bring any suit on the recognizance of entitled to bail until,

1st, An execution against the property of the defendant shall have been issued to the sheriff of the proper county, and the same returned unsatisfied. in whole or in part. And,

2d, An execution against the body of the defendant, at least fifteen days between the test and the return day thereof, shall have been issued to said sheriff, and by him returned that the defendant could not be found in his county.

bring suit on recog. of bail.

such action.

SEC. 36. In such action against bail, they may plead What the bail that the plaintiff has not pursued the above direc- may plead in tions, or that any collusive or fraudulent means were used to prevent the service of either of said writs; and if any such defense be established, it shall entitle the said bail to a verdict.

ment against

SEC. 37. Where the defendant in a suit shall die Death or surbefore the rendering of judgment against his bail, render of def't or where, being alive, he shall have been surrendered before judg previous to such judgment, such bail shall be released bail, to release from further liability upon paying the costs of the them from liaproceedings against them, if any shall have been bility. had.

SEC. 38. Where judgment shall be obtained against

defendant.

the special bail in an action, such bail may, on motion, Special bail have judgment for like amount against the said may have judgdefendant, but execution thereon shall only issue ment against for such amount as by the sheriff's return shall appear to have been collected from such bail on the original judgment.

APPROVED, January 25, 1839.

BANKING ASSOCIATIONS.

AN ACT to restrain unincorporated Banking Associations.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That no per

Penalty.

To issue notes, son, unauthorized by law, in expressed words, shall or bank bills, subscribe to, or become a member of, any associaauthority of tion, institution, or company, for the purpose of law required. 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 requir mulatto 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

ceedings to be 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 commissioners, 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

hired out.

disposed of.