The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-02-13
LAWS OF 10 " A.
1BY AUTHORITY.l


peace, &C., approved January 81,
1880"
Sec. |. Be it enacted by the Council
and House Of Representatives of the
Territory Of Iowa, that hereafter in every
township organized by law in my county
in this Territory, there shall be elected
two justices ofthe peace at the. first town
ship election in like manner as township
officers.
Sec. 2. The one having the highest
number of votes shall hold his office two
years, and the one having the next high
est number shall hold his Office one
year. If the two highest have an equal
number of votes, the elder one shall have
the priority.
Sec. 3. At every annual township
election after said first election, there shall
be elected in each of said townships one
Justice of the peace, who shall hold his
Office two years, and until his successor
is elected and qualified.
Sec. 4. That hereafter in every coun-
ty which is not divided into organized
townships, there shall be elected in each
election precinct at the next general cleo
ton, two justices of the peace. to be vot-
ed for only by the qualified voters resid-
ing in the precinct, one to hold his Office
two years, the other one year, the priori-
ty to be determined as in section second:
ProUided, That four may be elected in
the Burlington precinct, and in Du Buque
precinct, and three in the Pennington pre-
cinct, and four in the Fort Madison pre-
cinct, and three in the West Point pre-
cinct, and three in the Keosauqua precinct
and three in the Bloomington precinct,
and three in the Iowa city precinct.
Sec. S. At every annual general cleo
ton after the election mentioned in sec
ton four, one justice of the peace shall be
elected in each election precinct, who
shall hold his Office two years, and until
his successor is elected and qualified.
Sec. 6. That returns of election of
such justices in such election precincts,
shall be made to the clerk of the board of
county commissioners, and certificates of
election issued as in other cases.
Sec. Z. That in such counties as are
mentioned in section four, where the
boundaries of the election precincts are
not already established or known, the
board of county commissioners are here
by required Tin order to carry out the pur-
poses of this act to establish and make
known such boundaries in such manner
as they shall deem proper, at regular or
special session of their board prior TO the
next general election.
Sec. s. That when any one of the
last mentioned counties is divided into or
gained townships, and justices elected as
provided in section first, the justices there
In, who may have been previously elected
under section four, shall hold their Offices
only till the expiration of the two years for
which they were elected.
Sec. 9. That at the end of thirty DAYS
next succeeding the day of election of JUS
tees of the peace in any township or pre-
cinct in any county under the provisions
Of this act, the offices of justices of the
peace in such township or precinct held
by virtue of commission from the gov
ernor, shall be deemed expired and at an
end.
Sec. 10. That every justice of the
peace who shall lawfully receive the rec
ord and documents, of neighboring JUS
tice by reason of the death, resignation or
removal of such justice, shall proceed to
close up any unfinished business so plac-
ed in his hands in like mannera as the per-
son from whom such papers and records
were received, was required by law to do.
Sec.ll. In case Of the death Of any
justice OF the peace, his legal representa-
tives within twenty days after the issuing
OF letters testamentary or Of administra-
ton, shall hand over the records and all
papers relating thereto OF his testator or
intestate to some neighboring justice of
the peace of the township or precinct
where the deceased lived and executed
his Office.
Sec. IL. Every person whose duty
it is to comply with the requisition of the
next preceding section or the twelfth sec
ton of the first article of the act to which
this act is amendatory, shall forfeit and
pay to the county treasurer, for every
three months neglect to comply, fifteen
dollars to be recovered with costs of
suit.
Sec. IL. That the party, or any one
of party, aggrieved in any case Of trial
or judgment before justice of the peace
either by jury or otherwise, may take the
same 70 the district court of the proper
county by writ of certiorari, to be issued
from said court by the clerk thereof upon
the applicant giving bond with sureties
approved by said clerk, within thirty DAYS
after such trial or judgment, conditioned
to prosecute the same to judgment with
out delay, and that the party obtaining
said writ will pay the debt and costs Of
both courts, if the judgment of the Justice
be affirmed orjudgment be against him on
trial de novo, and in all such cases the
court shall examine, hear, try, and de-
termine the same anew without regarding
any error, defect or other imperfection in
the proceedings Of the justice. And
whenever the Judgment shall be affirmed
or shall be rendered on trial de novo a. |
INST t1- s<SSs