criminal practice, were embraced and published in one volume, which was denominated, and has been known as, the Revision of 1860. It took effect on September 1st of that year and remained in force until the next general revision, which was made pursuant to an act of the thirteenth general assembly, chapter 75, session of 1870, appointing Wm. H. Seevers, of Mahaska county, W. J. Knight, of Dubuque county, and John C. Polley, of Clinton county, a commission to revise and codify the laws. John C. Polley having resigned as one of the commission, Wm. G. Hammond was appointed to fill the vacancy. This commission reported the result of its labors to the legislature, and after some amendments, it became the law, taking effect on September 1, 1873. Like the Revision of 1860, which it superseded, it embraced a code of civil and criminal procedure or practice. It also embraced the general laws of the State. It is known as the Code of 1873. The portions thereof, and of the Revision of 1860, prescribing the practice in civil and criminal cases, are similar to those which have been adopted as codes of practice in New York, Kentucky and several other States.

THE COURTS.

THE SUPREME COURT.

The territorial supreme court was organized in 1839; that of the State, under the constitution of 1846. The territorial supreme court consisted of three judges; that of the State of a like number, until the tenth general assembly, laws of 1864, when another judge was added, making the number four. This has continued to be the number down to the present time. They are elected by the people. Their term of office is six years, but so arranged that the term of only one judge expires at the same time.

THE DISTRICT COURT.

The district courts of the State were provided for by the constitution of 1846, and by that of 1857. The State is divided into judicial districts, each district embracing several counties. Two terms in each year are held at the county seats of the several counties embraced in the district. The jurisdiction of the district courts is general, and extends to criminal cases, cases at law and in chancery. It consists of one judge, elected by the people, and who holds his term of office for the period of four years. Appeals lie from the district to the supreme court.

THE CIRCUIT COURT.

The circuit court was first organized by act of the twelfth general assembly, session of 1868. Each judicial district in the State was divided into two circuits. In each of them there was elected a judge to hold his term of office for four years. The circuit court as thus organized possessed original jurisdiction concurrent with the district court, except in chancery and criminal cases, and exclusive jurisdiction in all appeals from justices of the peace.

By act of the fourteenth general assembly, session of 1872, and by the Code of 1873, the law dividing each judicial district into two circuits, was changed, and thereby each judicial district is made a circuit, with a judge holding his term of office four years, as before; and the circuit court as thus organized is invested with original jurisdiction, concurrent with the district court in chancery as well as at law, but not in criminal cases; the jurisdiction of the district court therein being exclusive. The circuit courts have also jurisdiction in all probate matters, and those relating to the settlement of estates, and in all matters of guardianship; in ad quod damnum proceedings, and proceedings for the assessment of damages, and in all appeals from justices of the peace. An appeal lies from its decisions directly to the supreme court.

THE COUNTY COURT.

Before the passage of the act creating the board of supervisors, chapter 46, laws of 1860, the county court was not only possessed of jurisdiction in probate matters, but the judge thereof was the agent or representative of the county. Upon the organization of the board of supervisors, this latter power and all powers in respect to the affairs of the county, heretofore exercised by the county judge, were transferred to that body. And upon the organization of the circuit court, and the investing it with the probate jurisdiction, the county court was abolished altogether.

JUSTICE'S COURTS.

Justices of the peace are elected in the several townships of the county, and have jurisdiction concurrent with the district and circuit courts in civil cases at law where the amount involved does not exceed one hundred dollars; and exclusive original jurisdiction in all misdemeanors where the punishment does not exceed a fine of one hundred dollars, or imprisonment in the county jail for a period not exceeding thirty days. They have no jurisdiction in chancery cases, nor for the trial of equitable issues; nor in cases involving the title to real estate. Appeals lie to the circuit court only.

THE CONSTITUTION OF 1846.

WE, THE PEOPLE OF THE TERRITORY OF IOWA, grateful to the supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the STATE OF IOWA, the boundaries whereof shall be as follows:

Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri — as established by the constitution of that State, adopted June 12th, 1820-crosses the said middle of the main channel of the said Des Moines river; thence westwardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river to the place of beginning.

ARTICLE 1.- BILL OF RIGHTS.

1. All men are, by nature, free and independent, and have certain inalienable rights among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.

3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes or other rates for building or repairing places of worship, or the maintenance of any minister or ministry.

4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.

5. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the constitution and laws of this State.

6. All laws of a general nature shall have a uniform operation.

7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.

8. The rights of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers and things to be seized.

9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts. 10. In all criminal prosecutions, the accused shall have a right to a speedy trial by an impartial jury; to be informed of the accusation against him; to be confronted with the witnesses against him; to have compulsory process for his own witnesses, and to have the assistance of counsel.

11. No person shall be held to answer for a criminal offense, unless on presentment or indictment by a grand jury, except in cases cognizable before a justice of the peace, or arising in the army or navy, or in the militia, when in actual service, in time of war or public danger.

12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great.

13. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it.

14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years.

15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.

16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be

convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.

17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.

18. Private property shall not be taken for public use without just compen

sation.

19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace.

20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances.

21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.

22. Foreigners who are or who may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and descent of property, as native born citizens.

23. Neither slavery or involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

24. This enumeration of rights shall not be construed to impair or deny others retained by the people.

ARTICLE 2. RIGHT OF SUffrage.

1. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his vote twenty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.

2. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest on the day of election, during their attendance at such election, going to and returning therefrom.

3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.

4. No person in the military, naval or marine service of the United States, shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State.

5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.

6. All elections by the people shall be by ballot.

ARTICLE 3.-OF THE DISTRIBUTION OF POWERS.

1. The powers of the government of Iowa shall be divided into three separate departments the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.