Proceeds of sale, where paid.

the time and place of sale, and the money arising from the sale thereof, after deducting the costs and charges paid by the taker up, and reasonable expenses for keeping the same, together with all other costs and charges which may be incident thereto, Proviso, in fa- shall be paid into the county treasury: Provided, vor of the taker That the taker up, shall, in all cases, have the privup, or finder. ilege at the expiration of the year, as aforesaid, to pay into the county treasury the aforesaid value of such estray, after deducting the costs and charges aforesaid, and by so doing, shall acquire an absolute Proviso, as to right to the property in such estray: And provided, That the taker up and treasurer cannot agree on the charges for keeping, it shall be assessed, as aforesaid, by two disinterested freeholders, which decision shall be binding.

charges.

The proceeds of sale, when forfeited to the county, and for

SEC. 11. The net proceeds of all such sales as may, at any time be made by the sheriff, in pursuance of this act, and all such money, and bank what purpose. notes, as may be paid over to the county treasurer, as directed in the tenth section, shall remain in the hands of the county treasurer, in trust for the owner, if any such shall apply within one year from the time the same shall have been paid over, but if no owner shall appear, within the time aforesaid, the said money shall be considered as forfeited, and the claim of the owner thereto forever barred, in which event the money shall remain in the county treasury, to be applied to the use of common schools, whenever applied for by law.

Unavoidable

vided for.

SEC. 12. If the taker up of any stray animal, water accidents, pro- craft, or lost goods, bank notes, or other choses in action, shall be faithful in taking care of the same, and any unavoidable accident shall happen thereto, without the fault or neglect of the finder, or taker up, before the owner shall have an opportunity of reclaiming the same, such taker up, or finder, shall Notice of acci- not be accountable therefor: Provided, That in all dents by whom, cases of accident, as aforesaid, it shall be the duy of the taker up, or finder, within ten days thereafter to certify the same under his hand and seal, to the clerk of the board of county commissioners, who shall make an entry thereof in his estray book.

when, and to whom, certified.

Forfeiture for

SEC. 13. If any person shall trade, sell, or carry removing prop-out of the limits of this Territory, any such property erty out of the as may, at any time, be taken up, or found, as aforehas been found, said, except such animals as are suitable for the or taken up, harness, or saddle, as aforesaid, before he, or she,

Territory, that

what cases incurred,and how recoverable.

shall be vested with the right to the same agreeably when, and in to the provisions of this act, he, or she, so offending, shall forfeit and pay double the value thereof, to be recovered by any person who will sue for the same, in any court, or before any justice of the peace, having jurisdiction thereof, by action of debt, one half thereof shall go to the person suing, and the other half to the county, as aforesaid.

act, how recov

SEC. 14. If any person shall take up any boat, or Forfeiture for vessel, or any stray beast, or shall find any goods, failing to commoney, bank notes, or other choses in action, and ply with this shall fail to comply with the requisitions of this act, ered and apevery such person, so offending, shall forfeit and plied. pay the sum of twenty dollars, to be recovered before any justice of the peace, by any person who will sue for the same, the one-half whereof shall be for the use of the person suing, and the other half to be deposited in the county treasury for the use of com

mon schools: Provided. That nothing herein con- Proviso, as to tained shall prevent the owner from having and other damages. maintaining his action against such person for the recovery of any damages he or she may sustain.

SEC. 15. In all cases, where services shall be per- Fees to officers. formed by any officer, or other person, under this

act, the following fees or compensation shall be al

lowed, to wit: to the justice of the peace for admin- To justices of istering the oath to the taker up, or finder, making the peace. an entry thereof, with the report of the appraisers, and making and transmitting a certificate thereof to

the clerk of the board of county commissioners, fifty To the clerk of cents; to the clerk for taking proof of the owner- the board of ship of the property, and granting a certificate of commissioners. the same, twenty-five cents; for registering each certificate transmitted to him by the justice, as aforesaid, twelve and a half cents; for advertisements, including the newspaper Publication, fifty cents; to the To the sheriff. sheriff, on account of all sales made by him, in pur suance of this act, five per cent. on the amount; to

the constable, for each warrant served on appraisers, To the constatwenty-five cents; to each appraiser, twenty-five ble and appraicents; all which said costs and charges, with the ex-sers. ception of the justice's charge for granting a certificate of ownership, and the sheriff's commission, shall By, to whom, be paid by the taker up to the persons entitled and when, thereto, whenever the services shall be performed: paid. Provided, That in all cases, where it shall be neces- Proviso, as to sary to make publication in a newspaper, the taker the publication up, or finder, as the case may be, shall be required

of notice.

By, when, and to whom costs

and charges shall be reimbursed.

Reward.

Examination.

without fee or charge.

to deposit with the clerk of the board of county commissioners a sum of money sufficient to pay for the same, previous to the publication thereof; all which costs and charges shall be reimbursed to the taker up, or finder, in all cases where restitution of the property shall be made to the owner, or the same shall be delivered to the sheriff, to be sold, or where money, or bank notes, shall be paid into the county treasury, in addition to the reward to which such person may be entitled, for such taking up or finding as aforesaid.

SEC. 16. For the more speedy recovery of estrays, of estray book and other lost property, it shall and may be lawful, at all times for any person interested, to search and examine the estray book of the clerk for any information he or she may want, in relation to any property which may at any time have strayed away, or been lost, by any such person as aforesaid, for which said clerk shall be entitled to no compensation. SEC. 17. This act to take effect, from and after the first day of May next.

When this act shall be in force.

APPROVED, January 22, 1839.

at the expense,

ive counties.

Description of

measures.

WEIGHTS AND MEASURES.

AN ACT regulating weights and measures.

SEC. 1. Be it enacted by the Council and House of Commissioners Representatives of the Territory of Iowa. That the required to pro- several boards of county commissioners, within this Territory, be, and they are hereby authorized, and and measures, required, to procure, for their respective counties, and for the use and at the expense of the same, a set of the folof their respect-lowing weights and measures, for the use of their county, that is: one measure of one foot, or twelve inches, English measure, so called; also, one measure of three feet, or thirty-six inches, as aforesaid; also, one half bushel measure, for dry measure, which shall contain one thousand seventy-five and one-fifth solid inches; also, one gallon measure, which shall contain two hundred and thirty-one solid inches, which measures are to be of wood, or any metal the court may think proper; also, one set of weights, commonly called avoirdupois weight, and sealed with the name, or initial letters of the county inBy whom kept, scribed thereon; which weights and measures shall be kept by the clerk of the said court, of each and

Of weights.

and for what

purpose.

every county in this Territory, for the purpose of trying and sealing the weights and measures, used in their counties.

and for what

SEC. 2. As soon as the several courts of county Notice, when, commissioners shall have finished the weights and where, and by measures as aforesaid, they shall cause notice thereof whom given, to be given at the court house door, for one month, length of time. and any person who shall thereafter buy, or sell, any commodity whatsoever, by measure, or weights, that shall not correspond with county weights, and measures, shall, for every such offence, being legally Penalty, how, convicted thereof, forfeit and pay the sum of and by whom twenty dollars, for the use of the county where such Jurisdiction offence shall have been committed, and also the and costs. costs, to be recovered before any justice of the peace for said county.

incurred.

the county

SEC. 3. Every person desirous of having their Comparison of weights and measures tried, by the county standard, weights and shall apply to the clerk of the county commission- measures, with ers, and, if he find it corresponds with the county standards. standard, shall seal the same, with the seal provided Seal, and fees. for that purpose, and said clerk shall be allowed to demand and receive such fees, as now, or hereafter may be, allowed by law.

to take effect.

SEC. 4. This act to take effect and be in force, When this act from and after its passage. APPROVED, January 4, 1839.

WILLS AND ADMINISTRATIONS.

AN ACT relative to Wills and Testaments, Executors and Administrators,

ecuted.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa. That any Property may person having an estate in any lands, tenements, or be devised by hereditaments, or any annuity or rent charged upon will legally exor issuing out of the same, or any goods, or chattels, rights, credits, and choses in action, or in possession, and property of every description, whatever, may give or devise the same to any person by last will and testament by him or her lawfully executed.

SEC. 2. That every such last will and testament In what manshall be reduced to writing, and signed by the testa- ner will to be tor or testatrix, or by some person in his or her attested. presence, and by his or her direction, and attested

in the presence of the testator or testatrix by two or more credible witnesses, two of whom declaring on oath or affirmation, before the court of probate for the proper county, that they were present and saw the testator or testatrix sign said will, testament, or codicil, in their presence, or acknowledged the same to be his or her act and deed, and that they believe the testator or testatrix to be of sound mind and memory at the time of signing or acknowledging the same, shall be sufficient proof of the execution of said will, testament, or codicil, to admit the same to record: Provided, That no proof of fraud, compulsion, or other improper conduct be exhibited, which in the opinion of the court of probate shall be deemed sufficient to invalidate or destroy the same; and every will, testament, or codicil, when thus proven to the satisfaction of the court of To be recorded probate, shall be recorded by the judge thereof in a in probate of book to be provided by him for that purpose, and shall be good and available in law for the granting, conveying, and assuring the lands, tenements, and hereditaments, annuities, rents, goods, and chattels Will by infant, therein, and thereby given, granted and bequeathed. SEC. 3. That no last will and testament made by any infant, idiot, or person of insane memory, shall be valid in law.

fice.

&c., not valid.

Witnesses to

SEC. 4. It shall be the duty of each and every witappear and tes- ness to any will, testament, or codicil, made and extify. ecuted in this Territory as aforesaid, to be and appear before the court of probate, on the regular day for the probate of such will, testament, or codicil, to testify of and concerning the execution and validity. of the same; and the said court of probate shall have power and authority to attach and punish by fine and imprisonment, or either, any witness who Failing to do shall, without a reasonable excuse, fail to appear when duly summoned for the purpose aforesaid: Provided, The said punishment, by imprisonment, shall in no case exceed the space of twenty days, nor shall a greater fine be assessed for any such default than the sum of fifty dollars.

so, may be fined, &c.

In what case

issue.

SEC. 5. When any will, testament, or codicil, shall dedimus may be produced to the court of probate for probate of the same, and any witness attesting such will, testament, or codicil, shall reside without the limits of this Territory, it shall be lawful for the judge of probate to issue a dedimus potestatem, or commission annexed to such will, testament, or codicil, di