(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The laws of Indiana Territory 1801-1809"

LAWS 



OF THE 

INDIANA TERRITORY; 

Comprising those Acts formerly in force, and as Revised by 

Messrs. John Rice Jones, and John 

Johnson, and passed (after amendments) by 

the Legislature; and the Original Acts 

Passed at the First Session of the 

Second General Assembly of 

the said Territory. 

Begun and held at the Borough of Vincennes, on the 

sixteenth day of August, Anno Domini 

eighteen hundred and seven. 



Printed by Authority, and under the inspection of 
the Committee. 






VINCENNES, 

Printed by STOUT & SMOOT, 

Printers to the Territory. 

1807. 



Digitized by the Internet Archive 

in 2011 with funding from 

CARL!: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofindianater21pt2phil 



JUSTICES OF THE PEACE, 1807 



223 



LAWS 



OF 



THE INDIANA TERRITORY. 



CHAPTER I. 

An act for the appointment of Justices of the Peace within the 
several counties of the Territory, and therein of their duties 
and powers. 

§ 1. THERE shall be a competent number of Justices 
in every county, nominated and commissioned by the Gover- 
nor, under the seal of the Territory, who shall have power and 
authority to take all manner of recognizances and obligations, 
as any Justices of the Peace in any of the U. States may, can 
or usually do, which said recognizances and obligations shall 
be made to the United States ; and all recognizances for the 
peace, behavior or for appearance, which shall be taken by 
any of the said Justices, shall be certified into the Court of 
Common Pleas, to be holden next after the taking thereof ; 
and any recognizances taken before any of them for suspicions 
of any manner of felony, or other crime not triable in the said 
court of Common Pleas, shall be certified before the Judges 
of the General court, or court of Oyer and Terminer, at their 
next succeeding court to be holden, after the taking thereof, 
without concealment of, or detaining, or embezzeling the same. 

§ 2. One or more Justices of the Peace shall and may 
hear and determine according 

(4) 

to the course of common law petit crimes and misdemeanors, May hear 

wherein the punishment shall be by fine only, and not exceeding Sf^lu^^t* 

three dollars, and to assess and tax costs. ment where- 

of shall be by 
fine only. 



Justices of 
the peace. 



To take re- 
cognizances, 
&c. 

To whom 
pajrable. 

To be certi- 
fied to court 
of common 
pleas. 

or 
General 
court or 
court of Oy- 
er & termi- 
ni'. 



224 



ILLINOIS HISTORICAL COLLECTIONS 



In cases of 
refusal to 
commit to 
prison. 

Crimes com- 
mitted in 
justices pre- 
sence. 



Fines to 
whom paya- 
ble 

warrants to 
be under 
hand & seal 
directed to 
an officer 
who shall o- 
bey the same 



Further pow- 
er and du- 
ty of magis- 
trates to 
cause offen- 
ders to be ar- 
rested and 
give recog- 
nizance for 
appearance 
at court, also 
for the peace 



and good be- 
haviour in 
cases of re- 
fusal to com- 
mit. 



To commit 
capital of- 
fenders, and 



And in case any person or persons, shall refuse to obey, 
fulfil and perform the sentence or sentences, given against him 
or them by the Justice or Justices herein, it shall and may be 
lawful for such Justice or Justices to commit the delinquent 
or delinquents to jail there to remain until sentence be per- 
formed; and it shall be lawful for such Justice or Justices, 
whenever the crime shall be committed in his or their pres- 
ence, or view, to sentence as aforesaid without further ex- 
amination, and which fines shall be by such Justice or Justices 
paid to the clerk of the county court of Common Pleas, and 
by him paid into the county treasury ; all warrants issued by 
a Justice or Justices of the Peace, either for apprehending, 
searching or committing to jail persons suspected, or con- 
victed of crimes shall be under the hand and seal of such 
Justice or Justices, and directed to an officer or officers, whose 
duty it shall be to execute criminal process, and such officer 
or officers shall obey the warrant or warrants, issued as afore- 
said. 

§ 3. It shall be within the power, and be the duty of 
every Justice of the Peace, within his county, to punish by 
such fine, as is by the statute law of the Territory provided; 
All assaults and batteries, that are not of a high and aggra- 
vated nature, and to cause to be stayed and arrested, all affray- 
ers, rioters and disturbers of the peace, and to bind them by 
recognizance, to appear at the next General court. Circuit 
court, or court of 

(5) 

Common Pleas, to be held within or for the same county, at the 
discretion of the Justice, and also to require such persons to find 
sureties for their keeping the peace, and being of good behavior 
until the sitting of the court they are to appear before, and to 
commit such person as shall refuse, or delay to recognize and 
find such surety or sureties ; and the Justices of the Peace shall 
examine into all homecides, murders, treasons and felonies done 
and committed in their respective counties, and commit to prison 
all persons guilty, or suspected to be guilty of manslaughter, mur- 



COURTS, 1807 



225 



der, treason, or other capital offence, and to hold to bail all persons 
guilty or suspected to be guilty of lesser offences, which are not 
cognizable by a Justice of the Peace ; And require sureties for 
the good behavior of idle, vagrant and disorderly characters, 
swindlers and gamblers, as well as of dangerous and disor- 
derly persons ; and shall take cognizance of, and examine into 
all other crimes, matters and offences, which by particular 
laws, are put within their jurisdiction. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(6) 

CHAPTER H. 

An act organizing courts of Common Pleas. 

§ 1. THERE shall be a court of record in each county 
in the Territory, to be styled and called the court of Common 
Pleas of county, to consist of three Judges, any 

two of whom shall form a quorum, to be appointed and com- 
missioned by the Governor, for and during good behavior; the 
said courts shall and may hear and determine and sentence 
according to the course of the common law, all crimes and 
misdemeanors, of whatever nature or kind, committed within 
their respective counties, the punishment whereof doth not 
extend to life, limb, imprisonment for more than one year, or 
forfeiture of goods and chattels, or lands and tenements, and 
they shall also hold pleas of Assize, Scirefacias, Replevins, and 
hear and determine all manner of pleas, suits, actions and causes, 
real personal and mixed, according to law. 

§ 2. The said court shall hold annually six sessions, at 
three of which no proceedings shall be had in suits, or process 
of a civil or criminal nature. 

§ 3. The terms of the said court, wherein suits of a civil 
and criminal nature may be transacted shall commence at the 



to bail for 
lesser offen- 
ces. 

To require 
securities of 
vagrants. 

Their fur- 
ther power. 



Courts of 
common 
pleas autho- 
rised in each 
county — to 
consist of 3 
judges — ^by 
whom to be 
appointed — 
their power 
and duties. 



To hold six 
sessions annu 
ally. 

Terms of the 
court for ci- 



226 



ILLINOIS HISTORICAL COLLECTIONS 



vil and crim- 
inal proceed- 
ings. Dear- 
bom, Clark, 
Knox Ran- 
dolph and St. 
Clair. 



Other terms 
of the court. 



In case not 
opened, sher- 
ifF to ad- 
journ. 



Judges, their 
pay. 



Judges to 
take recog- 
nizances &c. 
payable to 
the U. S. to 
whom to be 
certified — 
forfeited re- 
cognizances, 
how & to 
what court to 
be certified. 



following periods, to wit: For the county of Dearborn, on the 
first Mondays in the months of April, August, and December; 
For the county of Clark, on the first Mondays of January, and 
May, and the second Monday of September; For the county 
of Knox, on the last Mondays of July, and 

(7) 

November, and the third Monday of March ; For the county of 
Randolph, on the third Mondays in April, August, and December ; 
and for the county of St. Clair, on the last Mondays in April, 
August, and December, yearly and every year. 

§ 4. The three other annual sessions of the said court 
shall be holden for the county of Dearborn, on the first Tues- 
days in February, June, and October ; For the county of Clark, 
on the first Mondays of March, July, and November ; For the 
county of Knox, on the first Tuesdays of February, May, and 
September; For the county of Randolph, on the first Mon- 
days of March, July, and November ; and for the county of 
St. Clair, on the third Mondays in March, July and November. 

§ 5. If the said court shall not be opened at the period 
aforesaid, it shall be lawful for the Sheriff to adjourn the said 
court from day to day, for two days, and if the said court shall 
not then be opened, he shall, and is hereby authorised, to adjourn 
the said court 'till court in course. 

§ 6. The Judges of the said court shall respectively re- 
ceive two hundred and fifty cents for every day they shall sit, 
to be paid out of the county levy. 

§ 7. The said Judges, and every of them, shall have full 
power and authority, in, and out of court, to take all manner 
of recognizances, and obligations, which said recognizances 
and obligations, shall be made to the United States ; and all 
recognizances for the peace, behavior, or for appearance, which 
shall be taken by any of the said Judg- 

(8) 

es, out of court, shall be certified to the next court of Common 
Pleas, to be holden after the taking thereof, and every recogniz- 



COURTS, 1807 



227 



ance taken before any of them for suspicions of any manner of 
felony, or other crime, not triable in the said court, shall be certi- 
fied before the Judges of the General court, or court of Oyer and 
Terminer, at their next succeeding court, to be holden next after 
the taking thereof, without concealment of, or detaining or em- 
bezzelling the same; but in case any person or persons shall 
forfeit his or their recognizance of the peace, behavior, or 
appearance, for any cause whatsoever, then the recognizance 
so forfeited, with the record of the default, or cause of for- 
feiture, shall be sent and certified without delay by the Judges 
of the said court, into the General court, or court of Oyer and 
Terminer, as the case may require; that thence process may 
issue against the said parties according to law, all which for- 
feitures shall be levied by the proper officers, and go to the 
Territory. 

§ 8. All fines and amercements which shall be laid before 
the Judges of the said court of Common Pleas, shall be taxed, 
offered and set, duly and truly, according to the quality of 
the offence, without partiality or affection ; and shall be yearly 
estreated by the clerks of the said courts respectively into 
the General court, or court of Oyer and Terminer, to the in- 
tent that process may be awarded to the sheriff of every county, 
as the case may require, for levying such of their fines and 
amercements as shall 

(9) 

be unpaid, to the uses for which they are or shall be appropriated. 
§ 9. To the end that persons indicted, or out-lawed for 
felonies or other offences, in one county, who remove into, or 
dwell in another county, may be brought to justice; it is hereby 
directed that the Judges, or any of them, shall, and may direct 
their writs or precepts, to all, or any of the Sheriffs, or other 
officers of said counties (where need shall be) to take such 
persons indicted or out-lawed; and it shall and may be lawful 
to and for the said court to issue forth subpoenas and other 
warrants, (under the seal of the court, and signed by the 
Clerk) into any county or place of this Territory, for sum- 



Fines to be 
truly taxed, 
and how to 
be yearly es- 
treated, jud- 
es to issue 
their writs or 
precepts to 
arrest persons 
indicted in 
one county 
to another. 



Judges to is- 
sue their 
warrants or 
precepts to 
arrest persons 
indicted in 
one county 
& fleeing to 
another. 



To issue sub- 
poenas for 
witnesses to 
any county 



228 ILLINOIS HISTORICAL COLLECTIONS 

in the terri- moning or bringing any person or persons to give evidence in, 
°^* and upon any matter or cause whatsoever, now or hereafter, 

examinable, or in any ways triable by, or before them, or any 
of them, under such pains and penalties as subpoenas or war- 
rants of that kind usually are, or ought by law to be granted 
or awarded ; They shall have further power and authority 
when, and as often as necessity may require, to issue dedi- 
To issue de- muses for the examination of witnesses, living in, or moving 
dimuses, ^^ ^ different county, under the like rules and regulations as 

dedimuses issuing from the General court. 
Appeals how § 10. If any person or persons shall find him or them- 

"^*^^' selves aggrieved by the judgment of any of the said courts 

of Common Pleas, it shall and may be lawful to, and for the 
party or parties so aggrieved, to appeal from the said judg- 
ment, under the restrictions and regulations of the law to reg- 
ulate 

(10) 

the practice of the General court upon appeals and writs of error, 

or to have his or their writ or writs of error, which shall be 

granted of course, in manner as other writs are to be granted, 

and made returnable to the General court. 

Writs to run § H. All writs issuing out of the said courts, shall run 

S how test- ^^ ^^^ name and style of the United States, and bear teste in 

ed and dated the name of the Clerk, and be dated when they issue, and shall 

under ^^^ be sealed with the judicial seal of the said court, and made 

returnable according to law. 

What-writs § 12. The Judges of the said respective courts, shall and 

by the courts ^^^ hereby empowered to grant under the seal of the said 

court, replevins, zvrits of partition, zvrits of vieiv, and all other 

writs and process upon the said pleas and actions, cognizable 

in the said court, as occasion may require. 

Power of the § 13. The said courts of Common Pleas shall, and are 

sue subpcE " hereby empowered to issue forth subpoenas, under the seal of 

nas, &c the said court, and signed by the Clerk, into any county or 

place within this Territory, for summoning or bringing any 

person or persons to give evidence in, or upon the trial of any 



COURTS, 1807 



229 



matter or cause, whatsoever depending- before them, or any of 
them, under such pains and penalties as by the rules of the 
common law and course of the practice of the General court 
are usually appointed. 

§ 14. Upon any judgment obtained in any of the said 
courts of Common Pleas, and execution returned by the 
Sheriff or Coroner of the proper county, where such judgment 
was obtained, that the party was 

(11) 

not to be found, or hath no lands and tenements, goods or chattels 
in that county ; and thereupon it is testified that the party skulks or 
lies hid, or hath lands and tenements, goods and chattels in another 
county in this Territory, it shall and may be lawful to and for the 
court that issued out such execution, to grant, and they are 
hereby required to grant an alias Execution, with a Testatum, 
directed to the Sheriff or Coroner, of the county or place 
where such person lies hid, or where his lands or effects are, 
commanding him to execute the same according to the tenor 
of such writ or writs, and make return thereof to the court 
of Common Pleas, where such recovery is had, or judgment 
given, and if the Sheriff or Coroner, to whom such writ or 
writs shall be directed, shall refuse or neglect to execute and 
return the same accordingly, he shall be amerced in the county 
where he ought to return it, and be liable to the action of the 
party grieved, and the said amercement shall be truly and duly 
set according to the quality of the offence, and estreated by the 
Clerks of the respective courts of Common Pleas, into the 
next succeeding General court, or court of Oyer and Terminer 
in course, that thence process may issue against the offenders 
for levying such fines and amercements as shall be unpaid, to 
the use for which they are or shall be appropriated. 

§ 15. The Clerk of the said court shall be appointed and 
commissioned by the Governor for and during good behavior, 
who shall be entitled to and authorised to re- , 

B 



Under what 
penalties. 



Testatum 
writs of exe- 
cution to be 
issued & ex- 
ecuted. 



Sheriffs ne 
glecting to 
execute and 
return them 
subject to 
what penal- 
ties. 



And how to 
be estreated 
and recover- 
ed. 



Clerks of the 
court appoin- 
ted by the go- 
vernor dur- 
ing good be- 
havior. 



230 



ILLINOIS HISTORICAL COLLECTIONS 



General 
court to be 
hdd twice a 
year at Vin- 
cennes. 



Powers and 
duties of 
the 
judges. 



On removal 
of causes, is- 
sue to be tri- 
ed in proper 
county, 



Circuitcourts 
where, and 
when to be 
held. 



(12) 

ceive such fees as are now allowed, or hereafter may be by law. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER HI. 

An act regulating the General Courts. 

§ 1. THERE shall be holden and kept twice in every year, 
a Supreme court of Record, which shall be called and styled the 
General court, the sittings of which court shall be at Vincennes, 
in the county of Knox, in the first Tuesdays of April, and Sep- 
tember, yearly and every year ; and the Judges of the said court, 
and every of them, shall have power and authority, and as 
often as there may be occasion, to issue forth writs of Habeas 
Corpus, Certiorari, and writs of Error, and all remedial and other 
writs and process returnable to the said court, and grantable by 
the said Judges by virtue of their office. 

§ 2. Provided always. That upon any issue joined in the 
said General court, such issue shall be tried in the county whence 
the cause was removed, before the Judges aforesaid, or any one 
of them, as a Circuit 

(13) 

court, who are hereby required to hold a Circuit once a year, in 
each of the following counties : that for the county of Dearborn, 
on the third Monday in June, yearly ; for the county of Clark, on 
the first Monday of June, for the county of Randolph, on the 
first Monday of October; and for the county of St. Clair, on the 
third Monday of October, annually and every year, to try such 
issues in fact as shall be depending in the said general court, and 
removed out of either of the counties aforesaid, (when and where 
they may try all issues joined) or to be joined in the same Gen- 
eral court, and to do generally, all those things that shall be nee- 



COURTS, 1807 



231 



essary for the trial of any issue, as fully as Justices of nisi prius 
in any of the United States, may or could do; Provided always, 
That the Circuit court shall render a final judgment, and issue 
execution upon verdict found in the said Circuit court, in the 
same manner that the General court has power to do, unless a bill 
of exceptions shall be filed to the opinion of the said Judge, or 
some other good cause shewn, which in the opinion of the said 
Judge holding such Circuit court, may render it necessary that 
the determination of the General court should be taken thereon ; 
and the said Circuit court shall have power to grant and order 
new trials. 

§ 3. The said court shall hear and determine all causes, 
matters and things, cognizable in the said court, and also to hear 
and determine all, and all manner of pleas, plaints and causes, 
which shall be removed or brought there from the respective Com- 

(14) 

mon Pleas, or from any other court to be holden for the respective 
counties, and to examine and correct all, and all manner of errors 
of the Judges of the inferior courts in their judgments, process 
and proceedings in the said courts, as well in all pleas of the 
United States, as in all pleas real, personal and mixed, and there- 
upon to reverse or affirm the said judgments, as the law shall or 
doth direct, and also to examine, correct, and punish the con- 
tempts, omissions, and neglects, favors, corruptions and defaults, 
of all, or any of the Justices of the Peace, Sheriffs, Coroners, 
Clerks, and other officers within the said respective counties. 

§ 4. And also shall award process for levying, as well of 
such fines, forfeitures and amercements, as shall be estreated into 
the said General court, as of the fines, forfeitures and amerce- 
ments which shall be lost, taxed, and set there, and not paid to 
the uses to which they are or shall be appropriated, and generally 
shall minister ample justice to all persons, and amply exercise the 
jurisdictions and powers herein mentioned, concerning all and 
singular the premises according to law. 

§ 5. All the said writs shall run in the name and style of 
the United States of America, and bear teste in the name of the 
Clerk of the General court, on the days in which the said writs 



In certain ca 
ses circuit 
courts to ren 
der final judg 
ment and is- 
sue executi- 
on. 



May grant 
new trials. 

Further pow 
ers of the 
court. 



To examine 
and correct 
errorsi of in- 
ferior courts. 



To examine 
and punish 
contempts 
&c. of cer- 
tain officers. 

To award 
process for 
levjring fines 
&c 



Style teste & 
date of writs. 



232 



ILLINOIS HISTORICAL COLLECTIONS 



How return- 
able. 

To deliver 
jails and is- 
sue process 



In what ca- 
ses governor 
to issue a 
special com- 
mission. 



To whom di 
rected. 

Jurors sum- 
moned and 
not attend- 
ing to be fi- 
ned in the 
general and 
circuit courts 
any sum not 
exceeding 8 
dollars in 
the courts of 
-common 
pleas not ex- 
ceeding five 
dollars, un- 
less excused, 
& when and 
how. 



shall be issued, and shall be sealed with the judicial seal of the 
said court, and made returnable according to law. 

§ 6. The Judges of the said General court shall have power 
from time to time, to de- 

(15) 

liver the jails of all persons who now are, or hereafter shall be 
committed, for treasons, murders, or such other crimes as by the 
laws of the Territory now are, or hereafter shall be made capital, 
or felonies of death, as aforesaid, and for that end, from time to 
time, to issue forth such necessary precepts and process, and force 
obedience thereto, as Justices of Assize, Justices of Oyer and 
Terminer, and of jail delivery, may or can do within the United 
States ; Provided always, That it shall and may be lawful for the 
Governor of the Territory, and he is hereby authorised and 
empowered whenever he is officially informed that a capital 
offence has been committed in any county of this Territory, and 
the offender or offenders is or are confined, or likely to be con- 
lined for the same, to issue a commission for holding a special 
court of Oyer and Terminer in any county in this Territory, at 
such time or times as he may think proper or necessary, which 
commission shall be directed to the Judges of the General court, 
or any one of them, who shall hold the said court accordingly. 

§ 7. In order to compel the due attendance of jurymen in 
the said Circuit and Nisi Prins courts, and all other courts within 
this Territory; it is hereby declared, that if any person shall be 
duly summoned to attend any court of Judicature, to serve on a 
jury, or on any inquest required by law, and shall neglect or 
refuse to give his attendance on the day, and during the time his 
service is necessary, every such person, so offending, shall be fined 
for every such offence in the 

(16) 

General court and court of Oyer and Terminer, by the Judges 
thereof, any sum not exceeding eight dollars ; and for every such 
offence in the court of Common Pleas, for any county of the 
Territory, by the Judges thereof, any sum not exceeding five dol- 



SHERIFFS, 1807 



233 



lars, unless the delinquent shall at the same, or next succeeding 
court, render to the Judges or Justices thereof, a reasonable ex- 
cuse for such neglect or refusal, to be allowed by such of them as 
shall be present ; which said Judges or Justices are hereby required 
and empowered, on failure of such delinquent, to render such 
reasonable excuse, to issue a writ to the Sheriff of the county, to 
levy the said fines on the goods and chatties of every such delin- 
quent, to be paid to the Clerks of the several courts of Common 
Pleas and General court, and by the said Clerks to the Territorial 
Treasurer, for the use of the Territory. 

§ 8. All suits and causes before the General court, and 
courts of Common Pleas, that shall remain undetermined, shall be 
continued over to the next respective term, ensuing, under the 
authority of this act. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(17) 

CHAPTER IV. 

An act for the establishing of the Office of Sheriff, and for the 

appointment of Sheriffs, 

§ 1. THERE shall be appointed and commissioned by the 
Governor, under the seal of the Territory, a Sheriff, who shall 
give bond with two sufficient sureties, in the penal sum of four 
thousand dollars, for the faithful discharge of the duties of his 
office. 

The duties of each Sheriff shall be, to keep the peace, by 
causing all offenders against law, in his view, to enter into recog- 
nizances, with sureties, for keeping the peace, and appearing at 
the next court of Common Pleas in the same county, and to 
commit in case of refusal; and which recognizances, shall by the 
said Sheriff, be returned and certified to the said court of Com- 
mon Pleas. 



In default of 
rendering ex 
cuse, how 
the fines are 
to be Itevied 
and collected 
& to whom 
paid. 

Suits unde- 
termined to 
be continu- 
ed to the 
next suc- 
ceedingcourt 



Sheriffs, how 
to be appoin- 
ted, to give 
bond with 
sureties. 

His duty to 
keep the 
peace &c. 
take recog- 
nizances in 
certain cases 
to commit in 
case of refu- 
sal. 

Recognizan- 
ces, how ta- 
ken. 



234 



ILLINOIS HISTORICAL COLLECTIONS 



To quell af- 
frays, &c. 



To pursue, 
apprehend & 
commit fe- 
lons &c. ex- 
ecute writs & 
process. 

To attend 
upon courts 
have custody 
of the jail. 



Civil officers 
conunission- 
ed by the 
governor, to 
take oaths of 
office or af- 
firmation. 



It shall also be his duty to quell and suppress all affrays, 
routs, riots, and insurrections ; and for which end, he shall, and is 
hereby empowered, to call to his aid the power of the county. 

He shall pursue, apprehend, and commit to jail all felons and 
traitors ; he shall execute all warrants, writs, and other process, 
which by law shall appertain to the duties of his office, and which 
shall be directed to him by legal authority. 

He shall duly attend upon all courts of record, at their 
respective terms or sessions in his county, (and shall have the 
custody of the jail of the county) and shall do, and per- 

(18) 

form, such other duties, as are, or shall be enjoined on him by law. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER V. 

An act respecting Oaths of Office. 

§ 1. EVERY person appointed to any civil office in the 
Territory, and commissioned by the Governor shall previously to 
his entering upon the exercise of his office take the following oath, 
to wit : I, A B being appointed to the office of do solemnly 

swear, that I will well and truly execute the duties of my said 
office, according to the best of my skill and understanding, with- 
out fraud or partiaHty, so help me God. Any person appointed 
as aforesaid, conscientiously scrupulous of taking an oath, shall 
make the following affirmation previously to his entering upon 
the duties of his office, viz. I, A B being appointed to the office 
of do solemnly, sincerely, and truly declare, and affirm, that 

I will well and truly execute the duties of my said office, according 
to the best of my skill and understanding, 

[19] 

without fraud or partiality, and this I declare and affirm under 



CRIMES AND PUNISHMENTS, 1807 



235 



the pains and penalties of perjury; and that all oaths of office, or 
declarations and affirmations prescribed as aforesaid, shall be 
taken before the Governor, or such person or persons, as shall, by 
him be appointed and commissioned for that purpose, and cer- 
tif yed upon the commission of the person taking the same ; and in 
case of the absence of the Governor, the said oath, or declaration 
and affirmation may be taken before, and certifyed by either of the 
Judges of the Territory. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER VI. 

An act respecting Crimes and Punishments. 



Before 
whom taken 
and how cer- 
tified. 



TREASON. 



1. 



IF any person residing in, belonging to, or protected What offen- 

C6S Sihsll 1)6 

by the laws of this Territory, shall levy war against the United deemed trea- 
States, or against this Territory, or shall knowingly or wilfully sonable. 
aid or assist any enemies at war against the United States or this 

C 

[20] 

Territory, by joining the armies or fleets of such enemies, or by 

inlisting, persuading or procuring others to join said fleets or 

armies, or by furnishing such enemies with arms, ammunition, or 

provisions, or any other article for their aid or comfort, or by 

carrying on a treasonable or treacherous correspondence with 

them, or shall form, or be any way concerned in forming any 

combination, plot or conspiracy, for betraying the United States 

or this Territory into the hands or power of any foreign enemy, 

or shall give, or attempt to give or send any intelligence to any 

such enemy, for said purpose, the person or persons so offending, 

shall be deemed guilty of treason, and upon conviction thereof How punish- 

shall suffer the pains of death. 



236 



ILLINOIS HISTORICAL COLLECTIONS 



Murder and 
how punish- 
ed. 



Manslaught- 
er, how pun- 
ished. 



proviso. 



Burglary, 
what crimes 
deemed. 



How punish 
ed & fined. 



Forfeiture 
on breaking 
houses and 
stealingthere 
from. 



MURDER. 

§ 2. If any person or persons shall with malice afore- 
thought, kill or slay another person, he, she, or they, so offending 
shall be deemed guilty of murder, and upon conviction thereof^ 
shall suffer the pains of death. 

MAN-SLAUGHTER. 

§ 3. If any person or persons shall wilfully kill or slay an- 
other person, without malice aforethought, he, she, or they, so 
offending shall be deemed guilty of man-slaughter, and upon con- 
viction thereof shall be punished as the common law hath hereto- 
fore been used and accustomed ; Provided nevertheless, That if 
any person in the just and necessary defence of his own life, or 
the life of any other person, shall kill or 

(21) 

slay another person, attempting to rob or murder in the field or 
high way, or to break into a dwelling house, if he cannot with 
safety to himself otherwise take the felon, or assailant, or bring 
him to justice, he shall be holden guiltless. 

BURGLARY. 

§ 4. If any person or persons shall in the night season, 
break open and enter any dwelling house, shop, store, or vessel, in 
which any person or persons dwell or reside, with a view and 
intention of stealing and purloining therefrom, he, she, or they, so 
offending, shall be deemed guilty of Burglary, and upon conviction 
thereof, shall be whipped not exceeding thirty-nine stripes, and 
find sureties for good behavior, for a term not exceeding three 
years, and upon default of sureties shall be committed to jail for a 
term not exceeding three years, or until sentence be performed. 

If any person or persons, so breaking and entering any 
dwelling house, shop, store, or vessel, as aforesaid, shall actually 
steal and purloin therefrom, he, she, or they, so offending, upon 
conviction thereof, shall moreover be fined in treble the value of 
the articles stolen, one third of such fine to be to the Territory, 
and the other two thirds to the party injured. 



CRIMES AND PUNISHMENTS, 1807 



237 



If the person or persons so breaking and entering any If with per- 
dwelling house, shop, store, or vessel, as aforesaid, shall commit, how t>uni"h^ 
or attempt to commit any personal abuse, force or violence, or ed. 
shall be armed with any dangerous weapon or weapons, as clearly 
to indicate a 

(22) 

violent intention, he, she, or they, so oflfending, upon conviction 
thereof, shall moreover, forfeit all his, her, or their estate, real 
and personal, to this Territory, out of which the party injured 
shall be recompensed, as aforesaid, and the offender shall also be 
committed to any jail in the Territory for a term not exceeding 
forty years. 

And if the death of any innocent person should ensue, from In what ca- 
the breaking and entering any dwelling house, shop, store, or !^f f ^"^^? 
vessel, as aforesaid, in any of the instances as aforesaid, the der, 
person or persons so breaking and entering, shall be deemed guilty 
of wilful murder, and all persons aiding and assisting in breaking 
and entering any dwelling house, shop, store, or vessel, as afore- 
said, or in any of the crimes consequent thereupon, as before 
pointed out, shall be deemed principals. 



ROBBERY, 

§ 5. If any person or persons shall unlawfully and forcibly 
take from the person of another, in the field or highway, any 
money, goods or chattels, he, she, or they, so offeding, shall be 
deemed guilty of robbery, and upon conviction thereof shall suffer 
as in the first instance of burglary. 

Whoever shall commit such robbery with personal abuse or 
violence, or be armed at the time with any dangerous weapons so 
as clearly to indicate an intention of violence, he, she, or they, so 
offending, upon conviction thereof, shall moreover suffer as in the 
second instance of burglary. And in case any person or persons 
robbing, or attempting 

(23) 

to rob as aforesaid, shall kill or slay any person or persons, de- 
fending him her, or themselves, or others, or his, her or their 



What crimes 
deemed rob- 
bery & how 
punished. 



If with abuse 
or violence 
how punish- 
ed. 



238 ILLINOIS HISTORICAL COLLECTIONS 

property, against such robber or robbers, or person or persons 
attempting to rob, or in pursuing and endeavoring to apprehend 
and secure such person or persons so robbing or attempting to rob, 
he, she, or they, so offending shall be deemed guilty of wilful 
murder, and all aiders and abettors in any robbery as aforesaid, 
and in any of the crimes consequent thereupon, as before pointed 
out, shall be deemed principals. 

RIOTS and UNLAWFUL ASSEMBLIES. 

Fines on un- § 6. If three or more persons shall assemble together with 

lawful assem- intention to do any unlawful act with force and violence, against 
the person or property of another, or to do any other unlawful act 
against the peace and to the terror of the people, or being lawfully 
assembled, shall agree with each other to do any unlawful act as 
aforesaid, and shall make any movements and preperation there- 
for, the persons so offending, and upon conviction thereof, shall 
How fined. pay as a fine, each, to this Territory, the sum of sixteen dollars, 
and find surety for their good behavior, respectively, for the space 
of six months, and stand committed until sentence be performed. 
Duty of jud Whenever three or more persons shall be assembled as af ore- 

S^ ^'^^ said, and proceeding to commit any of the offences as aforesaid, it 
semblies. shall be the duty of all Judges, Justices of the Peace, and Sheriffs^ 

and all ministerial 

(24) 

officers immediately upon actual view, or as soon as may be, upon 
information, to make proclamation in the hearing of such offend- 
ers, if silence can be obtained, commanding them in the name of 
If rioters the United States immediately to disperse, and depart to their 

do not dispersegeyej-al homes, or lawful employments, and if upon such proclama- 
g^ tion, or when silence cannot be obtained, such persons so assem- 

bled, shall not disperse, and depart as aforesaid, it shall then be 
the duty of such Judges, Justices of the Peace Sheriffs and other 
ministerial officers respectively, to call upon all persons near, and 
of abilities, and throughout the county if necessary, to be aiding 
and assisting in dispersing and taking into custody all persons 
assembled as aforesaid, and all military officers, and others called 
upon as aforesaid, are hereby ordered and directed to render in- 



CRIMES AND PUNISHMENTS, 1807 



239 



stant and full obedience in this behalf, upon the penalty of ten 
dollars, each, for every neglect or refusal herein, and commitment 
in case of non-payment. 

If any of the persons so unlawfully assembled, shall be killed, Rioters &c, 
maimed, or otherwise injured, in consequence of resisting the g-uiftiess* ^" 
Judges, or others in dispersing and apprehending, or in attemp- 
ing to disperse and apprehend them, the said Judges, Justices of 
the Peace and Sheriffs, and other ministerial officers, and others, 
acting by their authority, or the authority of any of them, shall be 
holden guiltless. 

If any person or persons shall forcibly obstruct, any of the 
authority, aforesaid, or, if any three, or more persons shall con- 
tinue together, after proclamation, as aforesaid, 

[25] 



Fine on ob- 
structing au- 
thority &C, 



made, or attempted to be made, and prevented by such rioters, or 
in case of no proclamation, and three or more persons being 
assembled, as aforesaid, shall commit any unlawful act, as afore- 
said, every offender upon conviction thereof, shall be fined in a 
sum, not exceeding three hundred dollars, or to be whipped not How punish 
exceeding thirty-nine stripes, and find surety for good behavior, ^^ 
for a time not more than one year, at the discretion of the court, 
before whom the conviction may be had ; and upon a second con- 
viction, each, and every offender, shall be whipped and fined as 
aforesaid, and find surety for good behavior, and the peace, for 
a time not exceeding ten years ; and may be committed to any jail 
in the Territory, 'till sentence be fully performed. 

PERJURY. 

§ 7. If any person lawfully called upon to give evidence. Perjury, what 
before any court of record or other authority, in this Territory, Sf^^^ deemed 
qualified to administer oaths, and solemn declarations and affirma- jshed 
tions, shall wilfully depose, affirm or declare, any matter to be 
fact, knowing the same to be false, or shall in like manner deny 
any fact, knowing the same to be true, or shall refuse to depose to 
affirm, or declare fact knowing the same to be true ; the person so 
offending shall be deemed guilty of perjury, and upon conviction 



240 



ILLINOIS HISTORICAL COLLECTIONS 



thereof, shall be fined in a sum not exceeding sixty dollars, or be 
whipped not exceeding thirty nine stripes, and shall moreover be 
set in the pilory, for a space of time not exceeding two hours, and 
be ever after incapable of 

(26) 

giving testimony ; being a juror, and of sustaining any office, civil 
or military, in this Territory; and if any person or persons shall 
corruptly procure any other person to commit the crime of per- 
jury, as before defined, he, she or they, so offending, shall upon 
conviction thereof, suffer the same punishments and disabilities as 
in the case of actual perjury. 

LARCENY. 

§ 8. If any person or persons shall steal or purloin from 
another person or persons, any money, goods, wares or merchan- 
dize, or any other personal property, or thing whatever ; he, she, or 
they, so offending, shall be deemed guilty of larceny, and upon 
conviction thereof, shall for the first offence, restore to the owner 
the thing stolen, and pay to him the value thereof, or two-fold the 
value thereof, if the thing stolen be not restored, and shall be fined 
in a sum not exceeding two-fold the value of the thing or goods 
stolen, or shall be whipped not exceeding thirty one stripes, at the 
discretion of the court. Upon a second conviction, restitution, 
and payment shall be made to the owner as aforesaid, and a fine 
shall be set, and paid to the Territory, not exceding four-fold 
the value, as aforesaid; and the offender shall be whipped not 
exceeding thirty nine stripes, and in like manner upon every suc- 
ceeding conviction; and in case such convict shall not have prop- 
erty real or personal wherewith to discharge and satisfy the 
sentence of the court, it shall be lawful for the Sheriff by direction 
of the court, to 

(27) 

bind such person to labor, for any term not exceeding seven 
years, to any suitable person, who will discharge such sentence. 
Receiving If any person or persons shall receive any goods, or other 

stolen goods ^-j^jj^gg^ as aforesaid, knowing the same to be stolen, he, she, or 



Subornation 
of perjury, 
how punish 
ed. 



Larceny 
what deemed 



How punish 
ed. 



CRIMES AND PUNISHMENTS, 1807 



241 



ing felony, 
how fined. 



they, so offending, shall be deemed principly guilty, and upon &c., how pun 
conviction thereof, shall be punished accordingly. ished- 

And if any person or persons shall agree to compound, or Compound- 
take satisfaction for any stealing, or goods stolen, such person or 
persons upon conviction thereof, shall forfeit twice the value of 
the sums or things agreed for, or taken; but no person shall be 
debarred from taking his goods again, provided he prosecute the 
thief ; Provided also, That nothing herein shall be construed so as Proviso, 
to oblige a parent to prosecute a child, being an infant, or in a 
state of minority. 

FORGERY, 

§ 9. Whoever shall forge, deface, corrupt, or embezzle any Forgerywhat 
charters, gifts, grants, bonds, bills, conveyances, wills, testaments, cases deemed 
or written contracts of any nature or kind, or shall deface, or 
falsify any enrollment or registry, or record, or matter or instru- 
ment recorded, or shall counterfeit the seal or hand writing of 
another, with intent to defraud ; every person so offending shall 
upon conviction thereof, be fined in double the sum he shall 
thereby have defrauded or attempted to defraud another, one half How punish- 
thereof to the party injured, or intended to be injured, and shall ^ 
moreover forever after be 

D 

(28) 

rendered incabable of giving testimony, being a juror, or sustain- 
ing any ofhce of trust, and be set in the pillory not exceeding the 
space of three hours, and all persons wilfully aiding and assisting Persons aid- 
in the commission of these crimes, or who shall cause, or procure ^"^ r ^^^^t- 

' ' ^ ing, how pun 

the same, or any of them to be perpetrated, shall be deemed ished. 

principals. 



USURPATION. 



§ 10. No person shall take upon himself, or exercise or Usurpation, 
officiate in any office, or place of authority in this Territory, with- ^^* deem d 
out being lawfully authorised thereto : and if any person shall 
presume so to do, he shall, upon conviction thereof, be fined in a How fined, 
sum not exceeding one hundred dollars. 



242 



ILLINOIS HISTORICAL COLLECTIONS 



Assault and 
battery what 
deemed. 

How fined & 
punished. 



ASSAULT and BATTERY. 

§ 11. If any person shall unlawfully assault or threaten 
another, in any menacing manner, or shall strike or wound an- 
other, he shall, upon conviction thereof, be fined in a sum not 
exceeding one hundred dollars, and the court before whom such 
conviction shall be had, may in their discretion, cause the offender 
to enter into recognizance with surety, for the peace and good 
behavior, for a term not exceeding one year. 

FRAUDULENT DEEDS. 

Fiaudulent § 12. All bonds, bills, deeds of sale, gifts grants, or other 

sons makinff conveyances or obligations whatever, made with intent to deceive 

them how fi- and defraud others, or to defeat creditors of their just debts or 

" demands, shall be null and 

(29) 

void, and the person or persons so offending, shall, upon conviction 
thereof, be fined in a sum not exceeding three hundred dollars, 
and pay double damages to the party or parties injured. 



Power of jus- 
tice in cases 
ofdisobedient 
children &c. 



DISOBEDIENCE of CHILDREN and SERVANTS. 

§ 13. If any children or servants shall contrary to the 
obedience due to their parents or masters, resist, or refuse to obey 
their lawful commands, upon complaint thereof to any Justice of 
the Peace, it shall be lawful for such Justice, to send him or them 
so offending to the jail, or house of correction, there to remain 
until he or they shall humble themselves to the said parents or 
masters satisfaction, and if any child or servant, shall, contrary 
to his bounded duty, presume to assault or strike his parent or 
master, upon complaint and conviction thereof, before two or more 
Justices of the Peace, the offender shall be whipped not exceeding 
ten stripes. 

OBTAINING GOODS BY FRAUDULENT PRETENCES. 

Obtaining § 14. If any person or persons, shall knowingly and de- 

dulent preten signedly by any false pretence or pretences, obtain from any other 
tions. person or persons, any monies, goods or merchandize, or other 



How punish- 
ed. 



CRIMES AND PUNISHMENTS, 1807 243 

effects whatever, with intent to cheat or defraud such person or 
persons of the same, he, she, or they so 

(30) 

offending, shall, on conviction thereof, by verdict or confession, 

on judgment, suffer such punishment as in case of larceny is pro- Howpunish- 

vided to be inflicted. 

ARSON. 

§ 15. If any person or persons shall wilfully and maliciously Arson, what 
burn, or cause to be burned, or shall willingly or knowingly aid or deemed. 
assist in burning, or causing to be burned, any dwelling-house, 
store-house, barn, stable, or other building adjoining thereto, or if 
any person or persons shall wilfully attempt to burn, by setting 
fire to any dwelling-house, store-house, barn, stable, or other 
building adjoining thereto, every person or persons so offending, How punish- 
shall, on conviction thereof, suffer death. ^^* 

HORSE STEALING. 

§ 16. If any person or persons shall steal or purloin from Horse steal- 
any other person or persons, any horse, mare, gelding, mule, or ^"^j^ 
ass, he, she, or they, so offending, shall for the first offence pay 
to the owner of such horse, mare or gelding, mule or ass, the value 
thereof, and receive not less than fifty, nor more than two hun- 
dred stripes, and shall moreover be committed to the jail of the 
county, until such value be paid, with the costs of prosecution; 
Upon the second conviction, the offender shall suffer the pains How punish- 
of death. ®*^' 

HOG STEALING. 

§ 17. Any person or persons who shall steal any hog, shoat Hog stealing, 
or pig, or mark, or alter 

(31) 



what deem'd 



the mark of any hog, shoat or pig, with an intention of stealing 

the same, for every such offence, upon being thereof lawfully 

convicted, shall be fined in any sum not exceeding one hundred ^°^ punish- 

dollars, nor less than fifty dollars, and moreover receive on his or 

her bare back, any number of lashes not exceeding thirty nine, nor 



244 



ILLINOIS HISTORICAL COLLECTIONS 



Proviso. 



Altering & 
defacing &c. 
marksbrands 
&c. 

How punish- 
ed. 



How to be 
prosecuted. 



Further pun- 
ishment. 



Persons seing 
said crimes 
commited & 
not discover 
ing, how pu- 
nished. 



less than twenty five ; Provided nevertheless, That nothing herein 
contained shall be so construed as to prevent any person from 
marking or killing his own unmarked hogs, which may be running 
at large, with others in his own mark. 

§ 18. A law to prevent altering and defacing marks and 
brands, and mismarking, and misbranding, horses, cattle and 
hogs, unmarked and unbranded. 

If any person or persons, shall alter or deface the mark or 
brand, of any other person or persons, horse, neat cattle, or hog, 
such person being thereof lawfully convicteci by indictment or 
presentment, shall for every horse, mare, colt, neat cattle, or hog, 
whose mark or brand, he or she shall alter or deface, forfeit and 
pay the sum of five dollars, over and above the value of such 
horse, mare, colt, neat cattle, or hog, to the person whose mark 
or marks, brand or brands, shall be so altered or defaced : Pro- 
vided, He prosecute for the same within six months after dis- 
covery of the fact committed ; and the offender shall over and 
above the said fine receive forty lashes, on his or her bare back, 
well laid on ; and for the second ofifence, shall pay the fine afore- 
said, stand in the pillory two hours, and be branded in the left 
hand, with a red hot iron, with the letter T, and if any person or 
persons, shall 

{Z2) 

mismark, or misbrand, any unmarked or unbranded horse, mare 
or colt, neat cattle, or hog, not properly his or their own, he, or 
they, shall forfeit and pay the sum of five dollars over and above 
the value thereof, for every such horse, mare, colt, neat cattle or 
hog, so mismarked or misbranded, which fines shall be recovered 
by indictment or action of debt in any court of record within this 
Territory. 

And to prevent the concealing of such offences, if any person 
or persons, shall see any other person or persons committing any 
of the crimes aforesaid, and shall not discover the same, in ten 
days, to some magistrate, then, and in such case, such person or 
persons, for not discovering the said crimes, or any of them com- 
mitted, shall forfeit and pay the sum of ten dollars, to the use of 
the county ; to be recovered by any person or persons who will sue 



CRIMES AND PUNISHMENTS, 1807 



245 



for the same by action of debt, or by indictment or information 
in any court of record in this Territory. 

And because it is difficult to convict any person who has seen 
such crime committed, if he will deny the same, it shall be suffi- 
cient evidence to convict any person that he has seen such crime 
committed, if it be proven that he has told any other person that 
he did see the said crimes or any of them committed: And 
whereas, the common custom in this Territory, of killing of cattle 
and hogs in the woods, give great opportunities to stealing the 
cattle and hogs of other people: Be it therefore enacted, That if 
any person or persons, shall kill any one or more neat cattle, or 
hogs in the woods, he shall within three days shew the head 

and ears, of such hog or hogs, and the hide with the ears on, of 
such neat beast or cattle to the next magistrate, or two substantial 
freeholders, under the penalty of ten dollars, to be recovered by 
any person who will sue for the same, by action of debt, informa- 
tion, or indictment in any court of record in this Territory 

Every person in this Territory who hath horses, cattle or 
hogs, shall have an ear mark or brand, different from the ear mark 
or brand of all his neighbors, which ear mark and brand, he shall 
record with the clerk of the county, where his horses, cattle or 
hogs are ; for recording of which ear mark, and brand, the clerk 
shall be entitled to demand and receive the sum of twelve and 
half cents, and every person shall brand horses with the said brand 
from eighteen months old, and upwards, and ear mark all his hogs 
from six months old, and upwards, with the said ear mark, and 
ear mark or brand all his cattle from twelve months old and up- 
wards with said ear mark or brand ; and if any dispute should arise 
about any ear mark or brand, the same shall be decided by the 
book of the clerk of the county where such cattle horses or 
hogs are. 

Where any person shall buy any neat cattle from any other 
person, or come to the same by gift, will, or any other lawful 
means, then, and in such case, the person who has gained the same 
by any of the ways aforesaid, shall within eight months, brand the 
said neat cattle, with his own proper brand in the presence of two 



Evidence, 
what suffici- 
ent. 



Persons Idl- 
ing cattle & 
hogs in the 
woods, how 
to proced. 



On neglect 
how punish- 
ed. 

Owners to 
recordbrands 
with theclerk 



Clerks fee. 



At what age 
to brand and 
mark. 



Disputeshow 
settled. 



Purchasers 
how to pro- 
ceed. 



246 



ILLINOIS HISTORICAL COLLECTIONS 



Sdling hogs 
without ears. 
How punish- 
ed. 

Proviso. 



Maiming or 
disfiguring. 



How punish- 
ed. 



credible witnesses, a certificate of which shall be signed by the said 
witnesses. 

(34) 

If any person shall cause to be brought to his own house, or 
any other house, or on board any vessel, any hog, shoat or pig, 
without ears, he or she so offending, shall be adjuded a hog 
stealer : Povided nevertheless, That any person may bring or cause 
to be brought to his or her own, or any other house, or on board 
any boat or boats, or other vessel, his or her own swine, though 
without ears, he or she, proving the same to be his or her property. 

MAIMING or DISFIGURING. 

§ 19. Whoever on purpose, and malice aforethought, by 
lying in wait, shall unlawfully cut out or disable the tongue, put 
out an eye, slit or bite the nose, ear, or lip, or cut off or disable 
any limb, or member, with intention in so doing, to maim or dis- 
figure such person, or shall voluntarily, maliciously, and of pur- 
pose, pull or put out an eye, while fighting or otherwise, every 
such offender, his or her aiders, abettors and counsellors shall be 
sentenced to undergo a confinement in the jail of the county in 
which the offence was committed, for any time not less than one 
month, nor more than six months ; and shall also pay a fine, not 
less than fifty dollars and not exceeding one thousand dollars, one 
fourth of which, shall be to the use of the Territory, and 
three fourths thereof to the use of the party grieved, and for the 
want of the means of payment, the offender shall be sold to service 
by the court, before which he is convicted, for any time not ex- 
ceeding five years, the purchaser finding him food and raiment 
during the time. 

(35) 

-» 

ANNULLING DISTINCTION hetzveen PETIT TREASON 
and MURDER. 



§ 20. In all cases wherein hereintofore any person would 



Petit treason 

der & pun- have been deemed and taken to have committed the crime of petit 
treason, such person shall be deemed and taken to have committed 



CRIMES AND PUNISHMENTS, 1807 



247 



the crime of murder only, and be indicted, and prosecuted to final ishedaccor- 
judgment accordingly, and the same punishment only shall be in- ^^ ^~ 
flicted as in the case of murder, 

RAPE. 

§ 21. Any person or persons who shall have carnal knowl- Rape what 
edge of a woman forcibly and against her will, or who shall aid '^^^"^^'^ 
and abet, counsel, hire, or cause or procure any person or persons 
to commit the said offence, being of the age of fourteen years, 
shall unlawfully and carnally know and abuse any woman child, 
under the age of ten years, with, or without her consent, shall on 
conviction suffer death. 

§ 22. So much of the law regulating the evidence in case of 
a rape, as makes emission necessary, is hereby repealed : Provided 
nevertheless, That the court before whom any offender may be 
brought for trial, for said offence, shall have other satisfactory 
proof or evidence of violence on the person of the woman reported 
to have been ravished. 

E 

(36) 

SODOMY. 

§ 23. Any person committing sodomy, or 



How punish 
ed. 



Evidence in 
case of rape. 



the infamous 



How punish- 
ed. 



crime against nature, with mankind or beast, shall, on conviction Sodomywhat 
thereof, be fined not exceeding five hundred dollars, nor less than 
fifty dollars, be imprisoned for any term not less than one year, 
nor more than five years, and be whipped not less than one hun- 
dred nor more than five hundred stripes, well laid on, on his or 
her bare back, and shall moreover be rendered infamous, and in- 
capable of giving testimony, or holding any civil or military com- 
mission in this Territory. 

BIGAMY and FORCIBLE and STOLEN MARRIAGES. 

§ 24. If any person or persons within this Territory, being 
married, or who shall hereafter marry, do at any time marry any Bigamywhat 
person or persons, the former husband or wife, being alive, upon 
conviction thereof, shall be whipped on his or her bare back, not 



248 



ILLINOIS HISTORICAL COLLECTIONS 



How punish- 
ed. 



Where tried. 



Proviso, in 
case of ab- 
sence for sev 
en years. 

In case of di 
vorce. 



or withinage 
of consent. 



forcible and 

stolenmarria- 

ges. 



less than one hundred, nor more than three hundred stripes, well 
laid on, be fined in not less than one hundred, nor more than five 
hundred dollars, to, and for the use of the party injured, and 
imprisoned not less than six, nor more than twelve months, and 
thereafter be rendered infamous, be incapable of giving testimony, 
or holding any commission civil or military, in this Territory. And 
the party and parties so offending, shall receive such like proceed- 
ings, trial and execution within this Territory, as if the offence had 
been committed in the county 

{Z7) 

where such person shall be taken or apprehended : Provided, That 
nothing herein contained shall extend to any person or persons, 
whose husband or wife shall be continually remaining beyond the 
seas, for the space of seven years together, or whose husband or 
wife, shall absent him or herself, the one from the other, for the 
space of seven years together, in any part within the United 
States of America, or elsewhere, the one of them not knowing the 
other to be living within that time : Provided also, That nothing 
herein contained shall extend to any person or persons, that are, or 
shall be at the time of such marriage, divorced by lawful authority, 
or to any person or persons where the former marriage hath been, 
or hereafter shall be by lawful authority declared to be void, and 
of no effect, nor to any person or persons, for, or by reason of any 
marriage had or made, or hereafter to be had or made within the 
age of consent: And provided also, That no attainder for the 
offence made fellony, by this law, shall make, or work any corrup- 
tion of blood, or forfeiture of estate whatsoever. 

§ 25. And tvhereas, Women, as well maidens as wndows 
and wives, having substance, some in goods moveable, and some 
in land and tenements, and some being heirs apparent to their 
ancestors, for the lucre of such substances have been often times 
taken by misdoers, contrary to their will, and afterwards married 
to such misdoers, or to others by their consent, or defiled : Be it 
further enacted, That whatsoever person or persons shall take 
any woman so against her will unlawfully, that is to say, maid, 
widow, or 



CRIMES AND PUNISHMENTS, 1807 



249 



( 38 ) 

wife, such taking, and the procuring and abetting to the same, and 
also receiving willingly the same woman so taken, against her will, 
shall be fellony, and that such misdoers, takers and procurers to 
the same, and receivers, knowing the said offence in form afore- 
said, shall be reputed and judged as principal fellons : Provided 
always, That this law shall not extend to any person taking any 
woman, only claiming her as his ward, or bond woman. 

§ 26. If any person above the age of fourteen years, shall 
unlawfully take and carry away, or shall cause to be unlawfully 
taken and conveyed away, any maiden, or woman child, unmarried, 
being within the age of sixteen years, out of, or from the posses- 
sion, and against the will of such person or persons, as then shall 
happen to have, by any lawful ways or means, the order, keeping, 
education, or governance of any such maiden, or woman child, 
and being thereof duly convicted, shall suffer imprisonment, with- 
out bail or mainprize, for any time not exceeding two years, as 
shall be adjudged against him. 

§ 27. If any person or persons, shall so take away, or cause 
to be taken away, as is aforesaid, and deflower any such maid, or 
woman child, as is aforesaid, or shall against the will, or knowl- 
edge of the father of any such maiden, or woman child, if the 
father be in life, or against the will and knowledge of the mother 
of any such maiden, or woman child, having the custody and 
governance of such child, if the father be dead, by secret letters, 
messages or otherwise contract matrimony, with any such maiden, 
or wo- 

(39) 

man child, every person so offending, and being thereof lawfully 
convicted, shall suffer imprisonment of his body, for the space of 
five years, without bail or mainprize. 

§ 28. No person or persons shall be prosecuted, tried or 
punished, for treason or other offence, punishable with death, 
(murder excepted) unless the indictment for the same, shall be 
found by a Grand Jury, within three years, next, after the treason. 



How punish- 
ed, 



Proviso. 



Stealing wo- 
men under 14 
years of 
age. 



How punish- 
ed. 



Stealing and 

marrying 

them. 



How punish- 
ed. 



Limitationof 
prosecutions 
for crimes. 



250 



ILLINOIS HISTORICAL COLLECTIONS 



Death how 
punishment 
of inflicted. 

Persons con- 
victed of 
crimes to be 
sold for fines 
& costs how 
& for what 
time. 



Punishment 
in case of ab 
senting from 
service. 



Courtstogive 
this act in 
charge to 
grand juries. 



or other offence, punishable with death, shall be done or com- 
mitted, nor shall any person be prosecuted or punished for any 
offence not punishable with death, unless the indictment for the 
same shall be found within two years from the time of committing 
the offence, or incurring the fine or forfeiture aforesaid ; Prvided, 
That nothing herein contained, shall extend to any person or 
persons fleeing from justice, 

§ 29. The manner of inflicting the punishment of death, 
shall be by hanging the person convicted, by the neck, until dead. 

§ 30. When any person or persons shall on conviction of any 
crime or breach of any penal law, be sentenced to pay a fine or 
fines, with or without the costs of prosecution, it shall and may be 
lawful for the court before whom such conviction shall be had to 
order the Sheriff to sell or hire the person or persons so convicted, 
to service, to any person or persons who will pay the said fine and 
costs for such term of time, as the said court shall judge 
reasonable. 

And if such person or persons, so sentenced and hired or 
sold, shall abscond from the service of his or her master or mis- 
tress, be- 

( 40 ) 

fore the term of such servitude shall be expired, he or she so 
absconding, shall on conviction before a justice of the Peace, be 
whipped with thirty nine stripes, and shall moreover serve two 
days for every one so lost. 

§ 31. The Judges of the several courts of record in this 
Territory, shall give this act in charge to the Grand Jury, at each 
and every court, in which a Grand Jury shall be sworn. 

JESSE B. THOMAS. 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



MARRIAGES, 1807 



251 



CHAPTER VII. 

An act regulating Marriages. 



At what age 
persons may 
marry. 



§ 1. MALE persons of the age of seventeen years, and 
female persons of the age of fourteen years, and not prohibited 
by the laws of God, may be joined in marriage. 

It shall be lawful for any of the Judges of the General court, 
or the court of Common Pleas, or any of the Justices of the peace By whom 
in their respective counties, ministers of any religious society, or 
congregation, within the district in which they are settled, and the 
society of Christians, called Quakers, 

(41) 

in their public meetings, to join together as husband and wife, all 
persons of the above description, who may apply to them, agree- 
ably to the rules and usages of the respective societies, to which 
the parties belong. 

§ 2. Previously to persons being joined in marriage, as 
aforesaid, the intention of the parties shall be made known, by 
publishing the same for the space of fifteen days at least, either by 
the same being publicly and openly declared, three several Sun- 
days, Holydays, or other days of public worship, in the meeting 
in the towns where the parties respectively belong, or by publication 
in writing, under the hand and seal of one of the Judges before 
mentioned, or of the justices of the Peace within the county, to 
be affixed in some public place in the town wherein the parties 
respectively dwell, or a license shall be obtained from the Clerks 
of the courts of Common Pleas, of their respective counties, which 
said license shall authorise the marriage of the parties, without 
publication, as is herein required, for which license the Clerk shall 
be entitled to have and receive the sum of one dollar, and the said 
Clerk shall keep a record of such licenses by them issued. 

§ 3. Male persons, under the age of twenty one years, and 
females under the age of eighteen, shall not be joined in mar- 
riage, without first obtaining the consent of their fathers, respec- 
tively, or in case of the death or incapacity of their fathers, or 
their mothers, or guardians : Provided, Such parents or guardians 



In what man 
ner inten- 
tion of the 
parties to be 
pubHshed &c. 



Licence how 
obtained & 
from whom. 



Fee. 



under what 
age toobtain 
previous con- 
sent of pa- 
rents &c. 



252 



ILLINOIS HISTORICAL COLLECTIONS 



Certificates 
of marriage 
by whom gi- 
ven, &c. 



Exem.plifi ca- 
tion thereof 
to be deem- 
ed evidence. 



live within the Territory; where persons not resident within the 
Territory, apply to be joined in mar- 

(42) 

riage, the consent of fathers, mothers and guardians shall be 
obtained in like manner as if they were citizens of the Territory. 
§ 4. A certificate of every marriage solemnized as afore- 
said, signed by the judge or justice, or minister, solemnizing the 
same, or in case of Quakers, by the Clerk of the meeting, shall 
be by such Judge, Justice, Minister or Clerk, respectively trans- 
mitted to the Clerk of the court of Common Pleas, in their respec- 
tive counties, wherein the marriage has been solemnized, within 
three months thereafter, to be entered on record by the said Clerk, 
an exemplification of which shall be evidence of such marriage. 

GENl. W. JOHNSTON. 
Speaker pro tern, of the House of Repre- 
sentatives. 

B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER VHI. 

An act for the appointment of Coroners, their ditty and potver. 

Coroners to § 1. A Coroner shall be appointed in each county in this 

be appointed Territory. 

Their duty& § 2. Every Coroner within the county for which he is 

powers. appointed, shall serve all writs and precepts, when the Sheriff or 

any of his deputies shall be a party to the 

(43) 

same, and shall return jurors in all causes where the Sheriff shall 
be interested, or related to either party. The Coroners, or in case 
of their absence, any Justice of the Peace of the respective coun- 
ties, shall take inquests of violent deaths, and casual deaths hap- 
To take oath pening within their respective counties, and shall before they enter 
or affirmati- ^pon the duties of their respective offices, be severally sworn or 



CORONERS, 1807 



253 



affirmed, to the faithful discharge thereof and give security in the 
same manner as sheriffs are obliged to do. 

§ 3. Every Coroner shall, as soon as he shall be certified of 
the dead body of any person supposed to have come to his or her 
death by violence, or casuality, found or lying within his county, 
make out his warrant, directed to the constable of the Township, 
where the dead body is found, or lying, requiring him forthwith 
to summon a jury of good and lawful men, of the same Township, 
not less than eighteen in all (so that twelve may be present) to 
appear before such Coroner, at the time and place in his warrant 
expressed, and to enquire upon a view of the body of (name here 
the person deceased, if known) there lying dead, how, in what 
manner, and by whom, he or she, came by his or her death; and 
every constable, to whom such warrant, shall be directed and 
delivered, shall forthwith execute the same, and shall repair to 
the place where the dead body is, at the time mentioned, and make 
return of the warrant with the proceedings thereon, unto the 
Coroner who granted the same. 

Every Constable, failing unnecessarily, of 



on and g^ve 
security. 



To issue war 
rant for jury 
of inquest. 

To whom di 
rected. 

Number of 
jury. 

When Jury 
to appear. 



Duty of Con- 
stable. 



(44) 

executing such warrant, or of returning the same, as aforesaid, 
shall forfeit and pay the sum of eight dollars; and every person 
summoned as a Juror, as aforesaid, that shall fail of appearance, 
without having a reasonable excuse, shall forfeit five dollars: 
which fines shall be recovered by action of debt, before any juris- 
diction that can take cognizance of the same, and be applied to 
the use of the county. 

§ 4. The Coroner or Justice shall administer an oath, or 
affirmation, to twelve of the Jurors, that shall appear, to the fore- 
man first ; in the following manner : 

"You do solemnly swear, [or solemnly, sincerely, and truly 
declare and affirm as the case is] that you will diligently enquire, 
and true presentment make, how, in what manner, and by whom, 
A B, who here lies dead, came to his death, and you shall deliver 



Fine • on fai- 
lure by con- 
stable. 



How recov- 
erable. 



Jurors to be 
sworn &c. 



Foreman's 
oath. 



254 



ILLINOIS HISTORICAL COLLECTIONS 



Oath of o- 
ther jurors. 



Charge to ju 
rors. 



Proclamati- 
on for evi- 
dence when 
and how to 
be made. 

Coroner to 
issue warrant 
for witnesses. 



Form of oath 



to me the coroner of this county a true inquest thereof, according 
to such evidence as shall be laid before you, and according to your 
knowledge, so help you God." 

§ 5. The other jurors shall swear or afifirm, as the case may 
be, in the following form : 

"Such oath or, affirmation, as your foreman hath taken, you, 
and each and every of you, shall well and truly observe and keep 
so help you God." 

§ 6. The Jurors being sworn, the Coroner, or Justice shall 
give them a charge upon their oaths to declare of the death of the 
person ; whether he, or she died of felony, or mischance, or acci- 
dent ; and if of felony, who were principals, and who were accesa- 

(45) 

ries, with what instrument, he or she was struck or wounded ; and 
so of all prevailing circumstances which may come by presump- 
tion, and if by mischance or accident, whether by the act of man, 
and whether by hurt, fall, stroke, drowning or otherwise ; also, to 
enquire of the persons who (if any) were present, the finders of 
the body, his, or her relations and neighbors ; whether he or she 
was killed in the same place where the body was found ; and if 
elsewhere, by whom, and how the body was brought thence, and 
of all other circumstances relating to the said death : and if he or 
she died of his or her own felony, then to enquire of the manner, 
means or instrument, and of all circumstances concerning it. 

§ 7. The Jury being charged, shall stand together, and proc- 
lamation shall be made for any persons who can give evidence, to 
draw near, and they shall be heard. 

§ 8. Every Coroner or Justice, is further impowered to send 
out his warrant for witnesses, commanding them to come before 
him to be examined, and to declare their knowledge concerning 
the matter in question. He shall administer an oath, or affirma- 
tion, to them in the following form : 

"You do solemnly swear, or solemnly, sincerly, and truly 
declare and affirm, that the evidence you shall give to this in- 
quest concerning the death of A B, here lying dead, shall be the 
truth, the whole truth and nothing but the truth, so help you God." 



TOWNSHIPS, 1807 



255 



Evidence to 
be in writing 
and subscrib- 
ed by wit- 
nesses. 

Witnesses 
when to be 
bound in re- 
cognizance 
and when & 
where. 
To commit 
in case of re- 
fusal, 

Jurors ver- 
dict to be in 
writing und- 
er theirhands 
and seals. 



§ 9. The evidence of such witnesses shall be in writing, 
subscribed by them; and if it relate to the trial of any person 
concerned in the death, then shall the Coroner or Justice 

(46) 

bind such witness, by recognizance in a reasonable sum, for their 
personal appearance at the next General or Circuit court, to be 
holden within the same county, there to give evidence accordingly ; 
and commit to the common jail of the county, any witness or wit- 
nesses, refusing to enter into such recognizance ; and shall return 
to the same court, the inquisition, written evidence, and recogni- 
zance by him taken; and the jury having viewed the body, heard 
the evidence, and made all the enquiry within their power, shall 
draw up and deliver unto the Coroner, their verdict upon the death 
under consideration, in writing, under their hands and seals. 

§ 10. Upon an inquisition found before any Coroner, of the 
death of any person, by the felony or misfortune of another, he 
shall speedily inform one or more of the Justices of the same 
county thereof, to the intent, that the person killing, or being 
any way instrumental to the death, may be apprehended, exam- 
ined, and secured, in order for trial. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(47) 

CHAPTER IX. 

An act to authorise and require the Courts of Common Pleas to 
divide the counties into Towhships, and to alter the boun- 
daries of the same, when necessary. 

§ 1 The Judges of the court of Common Pleas in the sev- 
eral counties within this Territory, shall in their terms respectively, 
proceed to divide the said counties into Townships, assigning to townships 
such Townships respectively, such limits and bounds, natural or 



When and in 
what cases co 
roner to give 
information 
to Justices. 
To what in- 
tent. 



Courts of C. 
P. to divide 
counties into 



256 



ILLINOIS HISTORICAL COLLECTIONS 



divide them. 



Clerks their 
duty. 



imaginary, as shall appear to be most proper, having due regard 
to the extent of country and number of inhabitants residing 
Power to sub within the same; and the said Townships or any of them to sub- 
divide from time to time, whenever the interest and convenience 
of the inhabitants thereof may seem to require it; and the said 
court of Common Pleas, shall cause their Clerk to enter of record 
on the docket of the same court, the particular time when each 
Township is set off and the specific boundaries assigned thereto. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(48) 

CHAPTER X. 

An act for rendering authentic as Evidence in the courts of this 
Territory, the public acts, records and Judicial proceedings of 
Courts in the United States. 



Legislative 
acts how au- 
thenticated. 



Judicial acts 
how authen- 
ticated. 



When to be 
read in evi- 
dence. 



§ 1. Every act of the Legislature of any one of the United 
States, having the seal of such state affixed thereto, shall be deemed 
authentic, and receive full faith and credit when offered in evi- 
dence, in any court of justice within this Territory. 

§ 2. And the records and judicial proceedings of the sev- 
eral courts of, or within the United States, shall be proved and 
admitted in the courts of justice in this Territory, by the attesta- 
tion or certificate of the Clerk or Prothonotary, and the seal of 
the court annexed, together with the certificate of the Chief 
Justice, or one, or more of the Judges, or of the presiding Magis- 
trate of every such court, as the case may be, that the person who 
signed such attestation or certificate was, at the time of subscrib- 
ing it, the Clerk or Prothonotary of such court; and the said 
records, and judicial proceedings, authenticated as aforesaid, shall 
have full faith and credit given to them in every court within this 
Territory, as by law or usage they have in the courts of the United 



PRISONS, 1807 



257 



States, or of any one of the states, whence the said records are, or 
shall be taken; anything in 

(49) 

this, or any other act contained, to the contrary notwithstanding. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XI. 

An act regulating Prisons, and Prison hounds. 

§ 1. The several courts of Common Pleas within this Ter- 
ritory, shall lay off and assign by metes and bounds, around and 
adjoining each county jail, a certain and determinate space of 
land, to be termed prison bounds : Provided, That such prison 
bounds in no instance, extend in any direction from said jail more 
than two hundred yards, which prison bounds when fixed and 
assigned, shall be recorded amongst the public records of said 
courts, a copy of which shall be delivered to the jailor, to be by 
him fixed up in some conspicuous place in the debtors room, for 
the government of such of them, as shall be entitled to the benefit 
of such prison bounds. 

§ 2. Any person imprisoned for debt either upon mesne 
process or an execution, shall be permitted and allowed, the privi- 

(50) 

ledge and benefit of the prison bounds, but in no instance to pass 
over or without said limits: Provided, That such prisoner before 
he shall be entitled to such priviledge, shall give bond with suffi- 
cient surety or sureties, living within the county, to the creditor 
or creditors, in double the sum for which such prisoner stands 
committed, conditioned, that from the executing such bond he or 
she will continue a true prisoner, in the custody of the jailer, or 
person keeper, and within the limits of the said prison bounds, 



Courts to lay 
out prison 
bounds, and 
recorded co- 
pies in debt- 
ors room. 



debtors al- 
lowed bene- 
fit of bounds 



Giving bond 
& security in 
double the 
debt for kee^ 
ping within 
the bounds. 



258 



ILLINOIS HISTORICAL COLLECTIONS 



Two justices 
of the peace 
to approve of 
the surities. 



If bonds for- 
feited judg- 
ment to be 
for penalty 
withont re^ 
Hef. 

Sheriffs sued 
for allowing 
P B. may 
plead the g. 
issue. 



Persons con- 
veying tools 
&c. into any 
prison, where 
by prisoners 
might break 
out. 



To be fined 
or whipped. 



If prisoner ac 
tually escape 
the persons 
so conveying 
tools &c. to 
what punish- 
ment liable. 



until discharged by law, without committing any manner of 
escape ; and in order to prevent any oppression under pretence of 
the surety or sureties being insufficient, two disinterested Justices 
of the Peace for said county, shall be called to approve of the 
surety or sureties, and the same being approved of by them shall 
be deemed sufficient, and if the creditor or creditors, shall refuse 
to take and accept the bond, the same shall be lodged with the 
sheriff, to be by him kept, until the creditor, or creditors, shall 
demand the same ; and upon putting such bond in suit, when the 
condition shall be broken, judgment shall be entered up for the 
penalty, and no relief in chancery shall be allowed therein. 

§ 3. If any action or suit shall be brought or instituted, 
against any Sheriff or jailor, for any manner of escape committed 
by any prisoner, allowed the benefit and priviledge of prison 
bounds, having first given bond as by this law required, such 
Sheriff or jailor shall have the liberty of pleading the general 
issue, and giving this act in evidence. 

§ 4. If any person or persons shall direct- 

(51) 

ly or indirectly, by any way or means, howsoever, without the 
knowledge or privity of the keeper, convey any instrument, tool, 
or other thing whatsoever, to any prisoner, or into any prison, 
whereby any prisoner might break the prison, or work himself, or 
herself unlawfully out of the same, every person so offending, shall 
forfeit and pay, such fine, as by the direction of the court shall 
be imposed, not exceeding one hundred dollars, according to the 
nature of the cause of the prisoners committment, or suft'er such 
corporeal punishment, not exceeding forty stripes, as the court 
shall inflict, and if it shall so happen that the prisoner shall make 
his or her escape, by means of any instrument, tool, or other thing 
so conveyed, without the knowledge and privity of the keeper, the 
person so conveying the same, shall be liable to pay all such sums 
of money as the prisoner stood committed for, if on civil process, 
and shall also have inflicted on him or her, all such punishment, 
as the escaped prisoner would be liable unto if a criminal ; and had 
been convicted of the charsre for which he or she had been com- 



PRISONS, 1807 



259 



mitted, unless such prisoner would be liable to capital punishment, 
in which case, the person assisting in such escape, shall be pun- 
ished by fine, imprisonment, whipping, pillory, or setting on the 
gallows with a rope about his or her neck, or any one or more of 
said punishments, as the court having cognizance thereof shall 
think proper to inflict. 

§ 5. If any jailor or prison keeper, shall voluntarily suffer Jailor suffer- 

a prisoner committed un- "^S volunta- 

ry escape of 
p prisoners, pu- 



nishment of. 



(52) 

to him, to escape, he shall suffer and undergo the like pains, pun- 
ishments and penalties, as the prisoner so escaping, should, or 
ought by law to have suffered and undergone for the crime or 
crimes, wherewith he stood charged, if he had been convicted 
thereof, and if any jailor or prison keeper, shall through negli- 
gence, suffer any prisoner accused of any crime to escape, he shall 
pay such fine, as the Judges of the court before whom he is con- 
victed, shall in their discretion inflict, according to the nature of 
the offence, for which the escaped prisoner stood convicted. 

§ 6. Provided nevertheless, That if any person who may be 
committed for debt, shall violently escape from prison, without 
connivance of the Sheriff, or keeper, and the sheriff, jailor or 
prison keeper, shall within three months, next after such escape, 
recover the prisoner so escaped, and recommit him to prison 
again, then the Sheriff shall be liable to nothing further than the 
costs of such action or actions, as may have been commenced 
against him for such escape. 

§ 7. All warrants, mittimusses, writs and instruments of 
writing of any kind, or the attested copies of them, by which any 
prisoner may be committed, enlarged or liberated, shall be safely 
kept (regularly filed in their order of time) in a suitable box for 
the purpose, provided by the keeper o the jail, under the Sheriffs' 
direction, and upon the death, or removal of any Sheriff, the box, 
with the contents thereof, shall be delivered to his successor in 
office, under the penalty of one hundred and fifty 



Suffering ne- 
gligent es- 
cape, punish- 
ment of. 



On violent e- 
scape of pris- 
oner for debt 
if sheriff or 
jailor retake 
him in three 
months there 
after sheriff 
only liable to 
costs. 



Warrants 
&c. to be re- 
gularly filed 
in a box pro- 
vided by the 
jailbr, & de- 
livered over 
to succeding 
sheriff under 
penalty of 
150 dollars. 



260 



ILLINOIS HISTORICAL COLLECTIONS 



Judges of 
the court of 
common 
pleas at eve- 
ry term to 
enquire into 
the state of 
prisons &c. 



Seperate 
rooms for the 



Sheriff to 
"provide meat 
&c to certain 
criminals. 



Sheriff is to 
make out his 
account on 
oath before 
judges of 
commonpleas 
who shall 
make allow- 
ance out of 
county char- 
ges. 



Certain per- 
sons on civil 
process to be 
furnished by 
sheriff with 
bread & wa- 
ter. 



(53) 

dollars, to be paid by the Sheriff removed, or his executors or 
administrators, in case of the death of the Sheriff, to be recovered 
by any person who shall prosecute therefor to effect, in any court 
having jurisdiction to try the same. 

§ 8. It shall be the duty of the Judges at the begining of 
every court of Common Pleas, to enquire into the state of the 
prisons in their respective counties, with regard to the sufficiency 
of such prisons, the condition and accommodation of the prisoners, 
and shall, from time to time, take such legal measures, as may 
best tend to secure the prisoners from escape, sickness and infec- 
tion, and to have the jails cleansed from filth and vermin. 

§ 9. The Sheriffs shall keep seperate rooms for the sexes, 
except where they are lawfully married, and be responsible that 
his jailor at all times provide proper meat and drink, for all 
criminals committed to the prison of the county, if such prisoners 
have no other convenient way of supplying themselves with pro- 
visions, which shall always pass to them through the keepers 
hands, and in every case when the Sheriff or jailor shall be at the 
expense of furnishing meat, drink or fire-wood, to a prisoner in 
jail for a crime or at the suit of the United States, who is not of 
sufficient ability in point of property, to re-pay or indemnify such 
Sheriff or jailor, their reasonable expence and charges for supply- 
ing such prisoner; in every such case the Sheriff or jailor shall 
make out his account thereof, and on oath shall testify the truth of 
the same before the Judges of the court of Common Pleas, who 
shall tax the same as 

(54) 

they shall think just and reasonable, and lay the amount thereof 
in the yearly estimate of the county charges. 

§ 10. In every case, where any person is committed to 
prison in a civil action, either on mense process, or an execution 
for debt, trespass, slander, or other cause of action, at the suit 
of one citizen against another, or at the suit of an alien against a 
citizen, or at the suit of a citizen, against an alien ally, in every 



PRISONS, 1807 



261 



such case, it shall be the duty of the Sheriff to provide only the 
daily bread and water of such prisoner, and he is hereby directed 
to furnish the same regularly to every such prisoner, who is not 
of sufficient ability in point of property, to provide for his or her 
own support, while in prison, and the expence and charges occur- 
ring to the Sheriff or jailor, herein, shall be repaid to him by the 
prisoner, so soon as the prisoner shall be liberated from the jail; 
for the recovery of which the Sheriff or jailor shall have his action 
at law, against the prisoner, in any court where the same may be 
cognizable, and when any prisoner shall be committed to jail in a 
civil action as aforesaid, and shall provide for his or her own 
support, in a way wherein the Sheriff or jailor, shall have no 
concern, it shall be the duty of the jailor or prison keeper to admit 
to the wicket grate, or small window of the prison, in which such 
prisoner shall be confined, any person who may come to admin- 
ister to the wants of such prisoner, by furnishing him or her with 
meat and drink, which shall be conveyed through such small 
window or grate, that the security of the prison be not too fre- 

(55) 

quently exposed by opening the doors thereof. 

§ 11. All fines and penalties, arising upon the breach of this 
act, shall be for the use of the county, where the offence is com- 
mitted, or the duty neglected ; and the same remedy shall be had 
for the recovery thereof, as in other cases, where duties are 
enjoined by statute, and no particular mode of prosecution 
directed; in case of default, it shall be the duty of the attorney, 
prosecuting the pleas of the United States, to prosecute for the 
same, either by writ or indictment, and the fine when recovered, 
shall be paid to the Sheriff or Treasurer, for the use of the county. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



Sheriffs rem- 
edy for reco- 
very of costs 
and charges 
for keeping 
such prisoner 



Prisoners 
right to fur- 
nish them- 
selves with 
necessaries ad 
mitted thro' 
wicket grate 
or small win- 
dow of the 
prison. 



Fines to be 
for the use of 
the county. 



How recov- 
ered & paid 
to the sheriff 
or the coimty 
treasurer, 



262 



ILLINOIS HISTORICAL COLLECTIONS 



Real estate 
liable to be 
seized & sold 
upon judg- 
ment & exe- 
cution. 



CHAPTER XII. 

An act subjecting Real Estates to Execution for Debt. 

§ 1. TO the end, that no creditors may be defrauded of 
debts justly due to them, from persons who have sufficient real, if 
not personal estates to satisfy the same ; all lands, tenements and 
hereditaments, whatsoever, 



(56) 

where no sufficient personal estate can be found, shall be liable 
to be seized and sold, upon judgment and execution obtained. 

§ 2. In case the lands, tenements and hereditaments, seized 
and taken in execution, shall not on a sale thereof, produce the 
amount of the debt, damages and costs due thereon, it shall and 
may be lawful for the Sheriff, or other officer, by another writ, to 
seize and take, any other lands, tenements, and hereditaments, in 
execution, and thereupon, with all convenient speed, with, or with- 
out any writ of venditioni exponas, to make public sale thereof, for 
the most they will yield, and pay the price or value of the same, 
to the party towards satisfaction of his debt, damages and cost. 

But before any such sale be made, the Sheriff or other officer, 
shall cause so many writings to be made upon parchment, or good 
paper, as the debtor or defendant shall reasonably desire or re- 
quest, or so many without such request as may be sufficient to 
signify and give notice of such sales or vendues and of the day 
and hour when, and the place where the same will be, and what 
lands or tenements, are to be sold, and where they lie ; which notice 
shall be given to the defendant, and the parchments or papers, 
fixed by the Sheriff or other officer, in the most public places of 
the county, at least ten days before sale; and upon such sale the 
Sheriff, or other officer, shall make return thereof, endorsed or 
annexed to the said writ of execution, and give the buyer a deed 
duly executed, and acknowledged in court for what is sold ; but in 
case the said lands and hereditaments, so to be exposed 

(57) 

Proceedings cannot be sold, then the officer shall make return upon the writ, 
do not selL ^^'^^ ^^ exposed such lands or tenements to sale, and the same 



If lands seiz- 
ed do not sell 
for amount 
of execution, 
sheriff on an 
other writ to 
seize any o- 
ther lands &c 
in execntion, 
and sell by 
public sale. 



Sheriffs duty 
before sale to 
advertise the 
time & place 
of sale at 
least 10 days 



Sheriff to 
give the buy- 
er a deed 
therefor. 



EXECUTION ON REAL ESTATE, 1807 



263 



remained in his hands unsold for want of buyers, which return 
shall not make the officer liable to answer the debt or damages 
contained in such writ, but the writ of levari facias shall forthwith 
be awarded, and directed to the proper officer, commanding him 
to deliver to the party, such part or parts of those lands, tene- 
ments and hereditaments, as shall satisfy his debt, damages and 
interest, from the time of the judgment given, with costs of suit, 
according to the valuation of twelve men ; to hold to him, as his 
free tenement, in satisfaction of the debt, damages and costs, or 
so much thereof, as those lands by the valuation thereof, as afore- 
said, shall amount unto, and if it shall fall short, the party may 
afterwards have execution for the residue, against the defendant's 
body, lands or goods, as the laws of this Territory shall direct and 
appoint, from time to time, concerning other executions ; all which 
said lands, tenements, hereditaments and premises, so as aforesaid 
to be sold or delivered, by the Sheriff, or officer aforesaid, with all 
their appurtinances, shall or may be quietly or peaceably held, and 
enjoyed by the person or persons, or bodies politic, to whom the 
same shall be sold or delivered, and by his and their heirs, success- 
ors and assigns, as fully and amply, and for such estate or estates, 
and under such rents and services, as he or they, for whose debt 
or duty, the same shall be sold or de- 

(58) 

livered, might, could or ought to do, at or before the taking 
thereof in execution. 

§ 3. Provided ahvays, That the messuage, or lands or tene- 
ments, upon which the defendant is chiefly seated, shall be the last 
taken and sold on execution, before the expiration of one whole 
year after judgment is given, to the intent, that the defendant, or 
any other for him, may redeem the same. 

§ 4. Where default or defaults have been, or shall be made 
or suffered, by any mortgagor or mortgagors of land, tenements, 
or other hereditaments within this Territory, or by his, her or 
their heirs, executors, administrators and assigns, of, or in pay- 
ment of the mortgage money, or performance of the condition or 
conditions, which they, or any of them, should have paid or per- 
formed, or ought to pay or perform, in such manner and form. 



Levari facias 



Purchasers to 
hold for such 
estate &c. as 
debtors had 
at the time 
of taking in 
execution. 



Proviso as to 
defts. chief 
seat. 



Proceedings 
on mortga- 
ges. 



264 



ILLINOIS HISTORICAL COLLECTIONS 



Mortgagee 
in 12 months 
after default, 
of payment, 
may issue fi- 
rafacias from 
the court of 
common 
pleas of the 
proper coun. 
ty. 



Defdt. may 
appear and 
plead. 



On judgment 
against mort- 
gagor &c. the 
mortgaged 
premises to 
be sold on ex 
ecution, and 
conveyed to 
the buyer. 



and according to the purport, tenor and effect of the respective 
provisoes, conditions or covenants, comprised in their deeds of 
mortgage or defeasance, and at the days times and places in the 
same deeds respectively mentioned and contained, in every such 
case, it shall and may be lawful, to, and for the mortgagee or 
mortgagees, and him, her or them, that grant the said deed of 
defeasance, and his, her or their heirs, executors, administrators 
or assigns, any time after the expiration of twelve months, next 
ensuing, the last day whereon the said mortgage money ought to 
be paid, or other conditions performed as aforesaid ; to sue forth 
a writ or writs of scire facias, which the Clerk of the court of 
Common Pleas for the county where the said mortgaged lands or 
hereditaments lie, is hereby empowered 

(59) 

and required to make out and dispatch, directed to the proper 
officer ; requiring him by honest and lawful men of the neighbour- 
hood, to make known to the mortgagor or mortgagors, his, her 
or their heirs, executors or administrators, that he, or they, be 
and appear before the Judges or Justices of the said court or 
courts, to shew if any thing he or they have to say, wherefore the 
said mortgaged premises ought not to be seized and taken in exe- 
cution for payment of the said mortgage money with interest, or 
to satisfy the damages which such plaintiff in such scire facias 
shall upon the record suggest, for the breach, or non-performance 
of the said conditions. And if the defendant in such scire facias, 
appear, he or she may plead satisfaction or payment of part, or all 
the mortgage money, or any such other lawful plea, in avoidance 
of the deed or debt, as the case may require, but if the defendant 
in such scire facias, will not appear on the day whereon the writ 
shall be made returnable, then if the case be such, damages only, 
are to be recovered, an inquest shall be forthwith charged to 
enquire thereof ; and the definitive judgment therein, as well as 
all other judgments to be given upon such scire facias, shall be 
entered, that the plaintiff in the scire facias shall have execution 
by levari facias, directed to the proper officer ; by virtue whereof 
the said mortgaged premises shall be taken in execution, and ex- 
posed to sale in manner aforesaid, and, upon sale, conveyed to the 



EXECUTION ON REAL ESTATE, 1807 



265 



buyer or buyers thereof, and the money or price of the same ren- 
dered to the mortgagee or creditor, but 

H 



( 60 ) 

for want of buyers, to be delivered to the mortgagee, or creditor, 
in manner and form as is herein above directed, concerning other 
lands and hereditaments to be sold, and delivered upon execu- 
tions, for other debts or damages. And whtn the said lands and 
hereditaments shall be sold, or delivered as aforesaid, the person 
or persons, to whom they shall be sold or delivered, shall and may 
hold and enjoy the same, with their appurtenances, for such estate 
or estates as they were sold or delivered, clearly discharged and 
freed from all equity and benefit of redemption, and all other in- 
cumbrances made or suffered by the mortgagors, their heirs or 
assigns ; and such sales shall be available in law ; and the respective 
vendees, mortgagees, or creditors, their heirs and assigns, shall 
hold and enjoy the same, freed and discharged, as aforesaid. But 
before such sales be made, notice shall be given in writing, in 
manner and form as is herein above directed, concerning the sales 
of lands upon executions, any law or usage to the contrary 
notwithstanding. 

§ 5. Provided also, That when any of the said lands, tene- 
ments or hereditaments, which, by the direction and authority of 
this law, are to be sold for the payment of debts and damages, in 
manner aforesaid, shall be sold for more than will satisfy the same 
debts, or damages, and reasonable costs; then the sheriff or other 
officer who shall make the sale, must render the overplus to the 
debtor or defendant; and then, and not before, the said officer 
shall be discharged thereof, upon record, in the same 

(61) 

court where he shall make return of his proceedings concerning 
the said sales. 

§ 6. Provided also, That no sale or delivery which shall be 
made, by virtue of this law, shall be extended to create any fur- 
ther term or estate, to the vendees, mortgagees, or creditors, than 



Sheriffs duty 
before sale. 



Overplus of 
sales, if any, 
to be by she- 
riff rendered 
to the debtor 
and then, & 
not before 
the sheriff or 
officer shaU 
be discharg- 
ed therefrom 
upon record. 



266 



ILLINOIS HISTORICAL COLLECTIONS 



In case judg- 
ment revers- 
ed, the pre- 
mises sold 
shall not be 
restored, nor 
sale avoided, 
but restituti- 
on shall 
be made on- 
ly of the 
price for 
which sold. 



Real & per- 
sonal estateof 
non residents 
may be at- 
tached for 
debt or other 
.demand. 



Party apply- 
ing for writ 
of attachmt. 
to make oath 
&c. that de- 
fendantis not 



the lands or hereditaments, so sold, or delivered, shall appear to 
be mortgaged for, by the said respective mortgages, or defeazible 
deeds. 

§ 7. Provided also, That if any of the said judgments which 
do or shall warrant the awarding of the said writ of execution, 
whereupon any lands, tenements or hereditaments, have been, or 
shall be sold, shall, at any time hereafter be reversed for any error 
or errors; then, and in every such case, none of the said lands, 
tenements or hereditaments, so as aforesaid taken, or sold, or to 
be taken or sold upon executions, nor any part thereof shall be 
restored, nor the sheriff's sale or delivery thereof avoided; but 
restitution in such cases shall be made only of the money or price 
for which such lands were or shall be sold. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

( 62 ) 

CHAPTER Xni. 

An act allozving Foreign Attachments. 

§ 1. THE lands and tenements, goods, chattels and effects, 
rights and credits, of every person or persons, non-residents in 
this Territory, shall, and may be attached, for the payment of any 
just debt, or other demand, by a writ or writs, to be issued out of 
the General court, or any Circuit court, or court of Common Pleas, 
and, as early as may be, shall and may be proceeded against in the 
same manner as is directed against the lands, tenements, heredita- 
ments and estates of absconding debtors, except where otherwise 
herein directed. 

§ 2. Provided, That every person or persons, applying for 
such writ or writs of attachment, shall, before the issuing thereof, 
make oath or affirmation (and which shall be filed in the proper 
clerk's office,) that he, she or they, verily believe, that the person 



FOREIGN ATTACHMENTS, 1807 



267 



or persons, against whose estate or estates, the application is made, 
is, or are not, at that time resident within the Territory, and that 
such person or persons, is, or are, justly indebted unto the said 
plaintiff or plaintiffs, in a certain sum or sums of money, as nearly 
as may be, to the amount of the debt, or other demand, of such 
plaintiff or plaintiffs, as the case may admit, and as he, she or they 
can lawfully swear or affirm to. 

§ 3. Where two or more persons are jointly indebted, either 
as joint obligors, partners, or otherwise, then the writ or writs of 
attachment, shall and may be issued a- 

(63) 

gainst the seperate and joint estate of such joint debtors, or any 
of them, either by their proper names, or by, or in the name or 
style of the partnership, or by whatsoever other name or names 
such joint debtors shall be generally reputed, known, or distin- 
guished within this Territory, or against the heirs, or executors, 
or administrators of them, or either or any of them. And the 
lands, tenements, goods, chattels and effects, or any of them, shall 
be liable to be seized and taken, for the satisfaction of any just 
debt or other demand, and may be sold to satisfy the same. 

§ 4. No judgment shall be entered in any attachment, hereby 
directed to be issued, until the expiration of twelve months, during 
which term the party suing out the attachment, shall, and he hereby 
is required, to cause notice thereof to be advertised in one of the 
public news-papers of this Territory, at least three times, which 
advertisement shall set forth, that a foreign attachment or attach- 
ments, have been issued, at whose suit, and against whose estate 
or estates, the same so issued. And that unless the debtor or 
debtors, whose estate or estates are so seized, shall appear by him- 
self or attorney, to give special bail, to answer such suit, that then 
judgment will be entered against such debtor or debtors by de- 
fault, and the estate or estates attached, be sold for the satisfaction 
of the plaintiff; Provided always, That where any goods or 
chattels of a perishable nature shall be so seized, it shall and may 
be lawful for the court, from which such attachment issued, to 
order the said perishable property, so attached, to be 



to his belief 
a resident of 
the territory, 
and to amt. 
of demand as 
nearly as may 
be, 



Where joint 
obligors or 
partners &c. 
attachment 
may issue a- 
gainst joint 
and seperate 
estate of such 
joint debtors, 
and in what 
manner, or 
against heirs, 
executors or 
administra- 
tors. 



No judgt. to 
be entered in 
less than 12 
months, dur- 
ing which 
time, notice 
thereof to be 
advertised, 
how & in 
what manner 



Courts power 
to order sale 
of perishable 
property pro- 
ceeds of sale 
to remain in 



268 



ILLINOIS HISTORICAL COLLECTIONS 



sheriffs hands 
until judg- 
ment &c. 

Creditors not 
to receive a- 
ny share of 
estates sold, 
until they 
give bond 
with security 
to be approv- 
ed of by the 
court in dou- 
ble the sum 
conditioned 
to refund in 
12 months, 
such sums as 
on trial shall 
appear to 
have been re- 
ceived & not 
justly due to 
such creditor 
together 
with costs. 



If pltffs. aft- 
er issue join- 
ed delay the 
trial the crts. 
upon motion 
& notice giv- 
en in open 
court the pre 
ceeding term 
to give jdmt. 
of non-suit, 
unless upon 
cause shewn, 
further time 



(64) 

sold by the sheriff, by auction, who shall detain the proceeds of 
the sale thereof in his hands, subject to the order of the court, 
until final judgment and execution. 

§ 5. No creditor or creditors entitled to any share of estates, 
sold under this law, shall receive the same, until he, she or they, 
shall enter into bond, to the defendant or defendants, with good 
and sufficient security, to be approved of by the court, and also to 
be filed in the office aforesaid, in double the sum to be received, 
with condition thereunder written, that the party so receiving, 
shall appear to any suit or suits, that shall or may be brought, by 
such defendant or defendants, within the space of twelve months, 
then next ensuing, and shall pay unto such defendant or defend- 
ants, all such sums of money, which on trial to be had thereon, 
shall appear to have been received, and not justly due and owing 
to such creditor or creditors, together with costs of suit. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(65) 

CHAPTER XIV. 

An act to prevent unnecessary delays in causes after issue joined. 

§ 1. WHERE any issue is, or shall be joined, in any action 
or suit at law, in any of the courts of this Territory, and the 
plaintiff or plaintiffs in any such action or suit, hath, or have 
neglected, or shall neglect to bring such issue on, to be tried ac- 
cording to the course and practice of the said courts, respectively ; 
it shall and may be lawful for the Judges, or Justices, of the said 
courts, respectively, at any time after such neglect, upon motion 
made in open court, (due notice thereof having been given, in 
open court the preceeding term) to give the like judgment for the 
defendant or defendants, in every such action or suit, as in cases 



AFFIRMATIONS, 1807 



269 



of non-suit, unless the said Judges or Justices, shall upon just 
cause, and reasonable terms, allow any further time or times, for 
the trial of such issue, and if the plaintiff or plaintiffs shall neglect 
to try such issue, within the time or times so allowed, then, and in 
every such case, the said Judges or Justices, shall proceed to give 
judgment, as aforesaid. 

§ 2. Provided always, That all judgments given by virtue 
of this law, shall be of the like force and effect as judgment upon 
non-suits, and of no other force or effect. 

§ 3. Provided also. That the defendant or defendants, shall, 
upon such judgment, be awarded his, her or their costs, in any 
action or suit, where he, she or they would 

(66) 

upon non-suit, be entitled to the same, and in no other action or 
suit whatsoever. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XV. 

An act concerning persons Conscientiously scrupulous to take an 
Oath in the common form. 

§ 1. ALL and all manner of crimes, offences, matters, 
causes and things, to be enquired of, heard, tried and determined, 
or done, or performed by virtue of any law or otherwise, shall 
and may be enquired of, heard, tried and determined by Judges, 
Justices, witnesses and inquest. And all other persons, qualifying 
themselves according to their conscientious persuasions, respec- 
tively; those of the people commonly called Quakers, by taking 
the solemn affirmation, and those of the persuasions who swear 
with uplifted hand or hands, by taking an oath in the following 
words: *I, A B, do swear or affirm (as the case may be) that I 
will, (and so forth) and that as I shall answer to Gk)d at 

the great day.' — ^Which oath, so taken, by persons who conscienti- 



be allowed if 
after such fur 
ther time al- 
lowed pltffs. 
neglect to try 
such issues, 
the like judg- 
ment to be 
given. 

Judgmts. gi- 
ven to be 
judgmts. of 
non-suit only 
Upon such 
jdgmts. dfts. 
to recover 
costs &c. 



Persons scru- 
pulous to 
take an oatii 
may take an 
afiirmation 
&c. 



Form of an 
oath or affir- 
mation. 



270 



ILLINOIS HISTORICAL COLLECTIONS 



Affirmation 
to have the 
same effect in 
law as an 
oath. 

Punhishment 
for false affir- 
mation same 
as for perju- 
ry. 



No person en, 
abled to ex- 
ercise an of- 
fice before he 
takes oath, 
&c. to the 
government 
of the U. S. 
and oath &c. 
of office. 



(67) 

ously refuse to take an oath, in the common form, shall be deemed 
and taken, in law, to have the same effect v^ith an oath taken in 
the common form. 

§ 2. If any person shall be legally convicted of taking a 
false affirmation or of falsely swearing, under the form herein 
particularly prescribed, he or she, shall incur, and suffer the same 
pains, penalties, disabilities, and forfeitures, as persons convicted 
of wilful, and corrupt perjury, do incur and suffer by law. 

§ 3. Provided always, That nothing herein contained, shall 
be held, deemed, or construed, to enable any such person to re- 
ceive, take, or exercise, any offfce, judicial or ministerial, before he 
shall take the oath or oaths to the government, according to his 
conscience, and agreeably to the directions of an act of the United 
States, entituled "An act prescribing the time and manner of 
administering certain oaths," and also the oaths of office. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the CounciL 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

I 

( 68 ) 

CHAPTER XVI. 

An act authorising the granting of letters Testamentary, and letters 
of Administration, for the settlement of intestate's estates, 
and for other purposes. 

The duty of § 1. THE Clerks of the courts of Common Pleas, of each 

ting wills^^c ' county in this Territory, shall take proofs of last wills and testa- 
and power of ments, and grant letters of testamentary, and letters of adminis- 
tration : Provided hozvever, That the said letters testamentary, and 
letters of administration, granted by such Clerk in the vacation, 
may be repealed by sentence of the court of Common Pleas for 
the county at their term, next after the granting of such letters. 



court. 



PROBATE, 1807 



271 



and other letters may, by the same court, be granted to any person 
applying therefor, and having legal right thereto, in which cases, 
all acts and proceedings, done and made, by the former executor 
or administrator, shall be legal and valid, and such further pro- 
ceedings may be had and made, in the name or names of the suc- 
ceeding executor or administrator, as though the original suits, or 
proofs had been commenced in his, her or their name or names. 

§ 2. The said Clerks shall record last wills and testaments, 
and make entries of the granting of letters testamentary, and 
letters of administration, and shall receive, put on file, and care- 
fully preserve all bonds, inventories, accounts, and other documents 
necessary to be perpetuated in their office. 

§ 3. All bonds that under, or by authority of this law, are 
directed to be taken, 

(69) 

shall be made to the Judges of the respective courts of Common 
Pleas. 

§ 4. The courts of Common Pleas of each county of this 
Territory, shall have full power to award process, and cause to 
come before them, all, and every such person and persons, who, as 
guardians, trustees, tutors, executors, administrators, or otherwise, 
are, or shall be intrusted with, or in any wise accountable for any 
lands, tenements, goods, chattels or estates, belonging, or which 
shall belong, to any orphan, or person under age, and cause them 
to make and exhibit, within a reasonable time, true and perfect 
inventories and accounts of the said estates. 

§ 5. When any complaint is made to the said court, that an 
executrix, having minors of her own, or being concerned for 
others, is married, or likely to be espoused to another husband, 
without securing the minors portions, or estates, or that an execu- 
tor, or other person, having the care and trust of minors estates, 
is likely to prove insolvent, or shall refuse, or neglect to exhibit, 
true and perfect inventories, or give full and just accounts of the 
said estates, come to their hands or knowledge, then, and in every 
such case, the said court is hereby required to call all, and every 
such executors and trustees, and also such guardians or tutors of 
orphans or minors, as have been formerly appointed, or shall at 



Clerk to re- 
cord and put 
on file all pa- 
pers &c. 



To whom 
bonds to be 
made payable 

Courts power 
to award pro- 
cess & cause 
to come be- 
fore them all 
guardians &c 
and cause 
themto make 
inventories 
and accounts 
&c. 



How minors 
estates are to 
be secured on 
complaint of 
an executrix 
married or 
likely to mar- 
ry, where ex- 
ecutor is like- 
ly to become 
insolvent. 



272 



ILLINOIS HISTORICAL COLLECTIONS 



any time hereafter be appointed, to give security to the orphans 
or minors, by mortgage or bond, in such sums, and with such 
securities, as the said court shall think reasonable, conditioned for 
the performance of their respective 

(70) 

trusts, and for the true payment and delivery, to, and for the use 
and behoof of such orphans as they are concerned for, or such as 
shall legally represent them, the legacies, portions, shares and divi- 
dends of estates, real and personal, belonging to such orphans or 
minors, so far as they have assest; as also for their maintenance 
and education, as the said court shall think fit to order, for the 
benefit and best advantage of such orphans, as is usual in such 
cases. 

§ 6. Any of the said executors, administrators, guardians, 
or trustees, may, by the leave, and direction of the said court, put 
out their minors money to interest, upon such security as the court 
shall allow of ; and if such security to taken, bona fide, and without 
fraud, shall happen to prove insufficient, it shall be the minor's 
loss. But if no person who may be willing to take the said money 
at interest, with such security, as can be found by the person, so 
as aforesaid, concerned for the minors, nor by any others, then the 
said executors, administrators, guardians or trustees, shall in such 
cases be responsible for the principal money only, until it can be 
put out at interest, as aforesaid. 

§ 7. Provided ahvays. That the day of payment of the 
money, so to be put out to interest, at any one time, shall not 
exceed twelve months, from the date of the obligation, or other 
security taken for the same, and so toties quoties, when and so 
often as the said money shall be paid in, or come to the hands of 
the said executors, guardians or trustees. 

§ 8. Provided also, That no executors, 

[71] 

administrators or guardians, shall be liable to pay interest, for the 

Executors surplusage of the decedent's estate, remaining in their hands or 

ble to'lntw-est pow^'*' ^^^ belonging to the minors, when the accounts of their 



Executor &c 
by leave of 
court placing 
minors mon- 
ey at interest 
not to be ac- 
countable in 
case of lbss« 
but otherwise 
while in their 
own hands. 



Term of pay- 
ment of mi- 
nors money 
so lent not to 
exceed 12 
months. 



PROBATE, 1807 



273 



administration are, or ought to be settled, and adjusted before the 
said courts. 

§ 9. The said courts shall have full power and authority, to 
admit orphans or minors, when, and as often as there may be 
occasion, to make choice of guardians, or tutors, and to appoint 
guardians, next friends, or tutors, over such as the said court shall 
judge too young, or incapable, according to the rules of the com- 
mon law, to make choice themselves, and at the instance and re- 
quest of the said executors, administrators, guardians or tutors, to 
order and direct the binding, or putting out of minors, apprentices 
to trades, husbandry, or other employments, as shall be thought 
fit. And all guardians and prochein amies, who shall be appointed, 
by any of the said courts, shall be allowed and received, without 
further admittance, to prosecute and defend all actions and suits, 
relating to the orphans or minors, as the case may require, in any 
court or courts of this Territory. 

§ 10. If any person or persons, being duly summoned to 
appear in any of the said courts of Common Pleas, relating to any 
matter or thing, by this law made cognizable in the said court, ten 
days before the time appointed for their appearance, shall make 
default, the said courts may send their attachment, for contempts, 
and force obedience to their warrants, sentences and orders, con- 
cerning any matters or things, cog- 

(72) 

nizable in the same courts, by imprisonment of body, or seques- 
tration of lands or goods. 

§ 11. Provided always. That if any person or persons, shall 
be agrieved, by any definitive sentence, or judgment of the said 
court, it shall be lawful for them to appeal from the same, to the 
General, or Circuit courts, which appeal, upon security given, as 
is usual in such cases, shall be granted accordingly. 

§ 12. If any of the said executors, administrators, guardians, 
or trustees, did, or shall receive and give discharges, for any sums 
of money, debts, rents, or duties, belonging to any orphan or 
minor, for whom they are, or were interested, it is hereby de- 
clared, that all such discharges, or receipts, shall be binding, to, 
and upon the orphan or minor, when he, or she, attains to full age. 



Courts to ad- 
mit minors to 
make choice 
of guardians 
&c. and to 
appoint g^ar 
dians &c. to 
such as are 
too young to 
choose for 
themselves 
and order the 
binding of 
minors to 
trades &c. 
guardians so 
appointed to 
prosecute & 
defend their 
minors. 

Power of the 
court in case 
of contempts 
&c: 



Appeal tothe 
general and 
circuit courts 



Discharges 
or receipts 
given by ex- 
ecutor &shall 
bind minors 
or orphans. 



274 



ILLINOIS HISTORICAL COLLECTIONS 



Minors at- 
taining full, 
age how they 
shall act, on 
refusal how 
the court 
shall act. 



No minor or 
orphan to be 
put under the 
Control of 
those of dif- 
ferent relig- 
gion. 



The courts 
to have due 
regard to the 
direction of 
all last wills 



All Bonds 
givenrelating 
to minors or 
decendents 
estates, how 
to whom li- 
able. 



and shall be effectual in law, to discharge the person or persons 
that take the same. 

§ 13. When any of the said minors attain to the full age, 
and the person or persons, so, as aforesaid, intrusted or concerned 
for them, having rendered their accounts to the court of Common 
Pleas, according to law, and paid the minors their full due, then 
such minors shall acknowledge satisfaction in the said court; but 
in case any of them refuse so to do, then the said court shall 
certify how the said persons concerned have accounted and paid, 
which shall be a sufficient discharge to the guardians or tutors, 
and to the trustees, executors or administrators, who shall so 
account and pay, and thereupon all bonds entered into, for 

(73) 

payment of such orphans portions, shall be delivered up and 
cancelled. 

§ 14. Provided always, That none of the said courts of 
Common Pleas, shall have any power to order or commit the tui- 
tion or guardianship of any orphans or minors, or bind them 
apprentices, to any person or persons, whose religious persuasion 
shall be different from what the parents of such orphan or minor 
professed, at the time of their decease ; or against the minors own 
mind, or inclination, so far as he or she has discretion and capacity 
to express or signify the same; or to persons that are not of good 
repute, where others of good credit, and of the same persuasion 
may, or can be found. 

§ 15. Provided also, That the said courts of Common Pleas, 
and all others concerned in the execution of this law, shall have 
due regard to the direction of all last wills, and to the true intent 
and meaning of the testators, in all matters and things that shall be 
brought before them concerning the same. 

§ 16. All such bonds or obligations, as are by this, or any 
other law of the Territory, directed, or required to be given to the 
said courts, relating to minors, or decedents estates, and all such 
bonds as by any law are directed to be given by any Judge or other 
officers or persons in office, for the due execution of his or their 
respective offices or employments, are hereby declared to be to, and 
for the use of, and in trust for, the person or persons concerned; 



PROBATE, 1807 



275 



and the benefit thereof shall be extended, from time to time, for 
the relief and advantage of the party grieved, by the misfeazance, 
or non- 

(74) 

feazance of the officers that did, or shall give the same. 

§ 17. And when any of the said bonds shall be put in suit, 
and judgment thereupon obtained, the judgment shall remain in 
the same nature the bonds were ; and no execution shall issue 
thereupon, before the party grieved shall, by writ of scire facias, 
summon the person or persons against whom the said judgment is 
obtained, to appear and shew cause, why execution shall not issue 
upon the said judgment. And if the party grieved shall prove 
what damages he sustained, and thereupon a verdict be found for 
him, the court where such suit is, shall award execution for so 
much as the jury shall then find, with costs, and no more — and 
the former judgment is hereby declared still to remain cautionary, 
for the satisfaction of such others as shall legally prove themselves 
damnified, and recover their damages in manner aforesaid. 

§ 18. The Clerks of the said courts of Common Pleas, and all 
others, in whose hands the said bonds shall be deposited or lodged, 
are hereby required to give any person injured and requesting the 
same, a true copy of any of the said bonds, he paying thirty seven 
and a half cents, for the same, and to produce the original in 
court, upon any trial that shall be had for the breach of any of 
them, if required by the court. And if the person in whose hands 
the said bonds shall be lodged, or come to, shall refuse, or delay 
to give copies thereof, and produce the original in court, as afore- 
said, he or they, shall forfeit and pay to the party grieved, treble 
damages ; to be reco- 

(75) 

vered against the ofificer wlio gave such bonds and his sureties, by 
action of debt, hill, plaint, or information, in any court in the 
Territory, where no essoin, protection or wager of law, or any 
more than one imparlance shall be allowed. 

§ 19. The Clerks of the courts of Common Pleas, shall, 
upon granting letters of administration of the goods and chattels 



When such 
bonds are su- 
ed and judg- 
ment had, no 
extn. to issue 
before a scire 
facias sent 
out — dama- 
ges and costs 
how to be a- 
warded on 
verdict, for- 
mer judg- 
ment tostand 
cautionary. 



Clerks to 
give copies 
on demand of 
such bonds. 



Fee thereon, 

To produce 
the original 
in court if re- 
quired, 
Clerk refus- 
ing or delay- 
ing to give 
such copies, 



or produce 
the original 
in court, to 
pay treble da 

mages. 

Administra- 
tors to give 



276 



ILLINOIS HISTORICAL COLLECTIONS 



bond with 
two or more 
sureties &c. 



Condition 
thereof. 
Such bonds 
valid and 
pleadable in 
any court 



of persons dying intestate within this Territory, take sufficient 
bonds, with two or more able sureties, (respect being had to the 
value of the estate) in the name of the Judges of the said court, 
with the conditions in manner and form following, mutatis 
mutandis, viz. 

§ 20. The condition of this obligation is such, that if the 
within bounden A B, administrator of all and singular, the goods, 
chattels, and credits of C D, deceased, do make, or cause to be 
made, a true and perfect inventory, of all and singular, the goods, 
chattels and credits of the said deceased, which have, or shall 
come to the hands, possession, or knowledge of him the said A B, 
or into the hands and possession of any other person or persons 
for him, and the same so made, do exhibit, or cause to be exhib- 
ited in the court of Common Pleas of the county of at or 
before the day of next ensuing, and the same goods, 
chattels and credits, and all other the goods, chattels and credits, of 
the said deceased, at the time of his death, which at any time here- 
after, shall come to the hands, or possession of the said A B, or 

K 



(76) 

into the hands and possession of any other person or persons for 
him, do well and truly administer according to law, and further 
do make, or cause to be made, a true and just account of his said 
administration, at or before the day of and all the 

rest and residue of the said goods, chattels and credits, which shall 
be found remaining upon the said administrator's account (the 
same being first examined and allowed of by the court of Common 
Pleas, of the county where the said administration is granted) 
shall deliver and pay unto such person or persons, respectively, as 
the said court of Common Pleas (in the respective county) by 
their decree or sentence, pursuant to the true intent and meaning 
of law, shall limit and appoint. — And if it shall hereafter appear, 
that any last will and testament was made by the said deceased, 
and the executor or executors therein named, do exhibit the same, 
into the said court of Common Pleas, making request to have it 



PROBATE, 1807 



277 



allowed and approved accordingly, if the said A B, within bound, 
being thereunto required, do render and deliver the said letters 
of administration, approbation of such testament being first had 
and made, in the said court of Common Pleas, then this obligation 
to be void, and of none effect, or else to remain in full force and 
virtue.' 

§ 21. Which bonds are hereby declared, to be good to all 
intents and purposes, and pleadable in any court of Justice, and 
also the said courts of Common Pleas, in the respective counties, 
shall, and may, and are hereby enabled, to proceed and call such 

{77) 

administrators to account for, and touching the goods of any 
person dying intestate, and upon hearing, and due consideration 
thereof, to order and make just and equal distribution of what 
remaineth clear, after all debts, funeral, and just expences of every 
sort, first allowed and deducted, according to the ordinance of 
Congress for the government of the Territory, and to the rules 
and limitations hereafter set down, and the same distributions to 
declare and settle, and to compel such administrators to observe 
and pay the same, by the due course of the laws of this Territory, 
saving to every one supposing him, or themselves aggrieved, their 
right of appeal, to the General or Circuit courts. 

§ 22. Provided ahvays, That in case any child who shall 
have any estate by settlement, from the intestate, or shall be 
advanced by the said intestate in his life time, by portion, not 
equal to the share which will be due to the other children by such 
distribution as aforesaid, then, so much of the surplusage of the 
said estate of such intestate, to be distributed to such child, or 
children as shall have any land by settlement from the intestate, 
or were advanced in the life time of the intestate, as shall make 
the estate of all the said children to be equal, as nearly as can be 
estimated. And in case there be no children, or any legal repre- 
sentatives of them, then one moiety of the said estate, to be allotted 
to the wife of the intestate, and the residue of the said estate to 
be distributed, equally, to every of the next kindred of the in- 
testate, who are in 



Courts may 
oblige ad- 
ministrators 
to account. 
Further pow- 
er and duty 
of the court. 



Children of 
intestate to 
share the es- 
tate, equally. 



Where no 
representa- 
tives, wife to 
have one half 
the other to 
the next of 
kindred. 



278 



ILLINOIS HISTORICAL COLLECTIONS 



Concerning 
collateral 
branches. 
When no 
wife, children 
to take the 
whole, when 
no wife nor 
child how dis 
tribution to 
be made. 

Distribution 
of personal 
estate not to 
be made with 
in the year. 
Party sharing 
estate to give 
bond to re- 
fund & in the 
court of com 
mon pleas 



Administra- 
tion with the 
will annexed, 
how granta- 
ble. 



Letters ad- 
ministration 
granted with 
out justices, 
to be void. 

The officers 
so granting 
them, to be 
liable to the 
damages ar- 



[78] 

equal degree, and those who legally represent them: Provided, 
That there be no representatives admitted among collaterals, after 
brother's and sister's children ; and in case there be no wife, then 
all the said estate to be distributed equally to, and among the 
children : and in case there be no child, then to the next of kin, in 
equal degree, of, or unto the intestate, and their legal representa- 
tives, as aforesaid, and in no other manner whatsoever. 

§ 2.3. Provided also, and to the end. That a due regard be 
had to creditors, that no such distribution of the goods of any 
person dying intestate be made, till after one year be fully ex- 
pired, after the intestate's death ; and that such, and every one, to 
whom any distribution and share shall be allotted, shall give bond, 
with sufficient sureties, in the said court of Common Pleas, that 
if any debt or debts, truly owing by the intestate, shall be after- 
wards sued for, and recovered, or otherwise duly made to appear, 
that then, and in every such case, he or she, shall respectively 
refund and pay back to the administrator, his or her ratable part 
of that debt, or debts, and of the costs of suit, and charges of the 
administrator, by reason of such debts, out of the part and share, 
so, as aforesaid, allotted to him or her ; thereby to enable the said 
administrator to pay and satisfy the said debt or debts, so dis- 
covered, after the distribution made as aforesaid. 

§ 24. Provided akvays. That in all cases where by law, ad- 
ministration with the will annexed, ought to be granted, the said 

(79) 

Clerk, or the court of Common Pleas, shall grant administration 
accordingly, as before directed. 

§ 25. Where any letters of administration shall be granted, 
and no bond with sureties given, as the law in that case requires, 
such letters of administration shall be, and are hereby declared to 
be void, and of none effect, and the Clerk, or Judges of the court 
that grant the same, shall be ipso facto, liable to pay all such 
damages as shall accrue to any person or persons, by occasion of 
granting such administration. And the party to whom the same 
shall be so granted, may be sued as executor in his own wrong. 



PROBATE, 1807 



279 



and shall be so taken and deemed, in any suit to be brought against 
him, for, or by reason of his said administration ; or if upon such 
•examination it appears that the said court have not taken sufficient 
sureties, where the administrators may not be of ability, to answer 
or make good the value of what the decedent's estate doth, or shall 
amount unto, then the said court of Common Pleas, are hereby 
required and empowered to cause all such administrators to give 
better security to the said court, by bonds, in manner and form as 
the law prescribes, and under such penalties, and with such sure- 
ties as the said court shall approve of, after they have heard the 
objections of creditors, or persons concerned, if any such be made, 
during the sitting of the court. — And if it appear that any of the 
said administrators have embezzled, wasted, or misapplied, or 
suffered so to be, any part of the decedent's estates, or shall neg- 
lect, or re- 

(80) 

fuse to give bonds, with sureties, as aforesaid, then, and in every 
such case, the said court shall forthwith, by their sentence, revoke, 
or repeal the letters of administration granted by them, and there- 
upon, where such occasion happens, they are hereby required to 
grant letters of administration to such person or persons, having 
right thereunto, as will give bonds in manner and form, aforesaid, 
who may have their actions of trover or detinue, for such goods 
or chattels, as came to the possession of the former administrators ; 
and shall be detained, wasted, embezzled, or misapplied, by any 
of them, and no satisfaction made for the same. 

§ 26. If any person or persons, shall die intestate, being 
owner of lands or tenements within this Territory, at the time of 
their death, and leave lawful issue to survive them, but not a 
sufficient personal estate to pay their just debts, and maintain 
their children, in such case it shall be lawful for the administrator 
or administrators of such deceased, to sell and convey such part 
or parts of their said lands or tenements for paying their just 
debts, maintenance of their children, and for putting them appren- 
tices, and teaching them to read and write, and for improvement 
of the residue of the estate, if any be, to their advantage, as the 



rising there- 
from, and the 
party under 
them deemed 
executor in 
his own 
wrong. 

Power of the 
court where 
insufficient 
security is 
taken, also in 
case of waste 
or embezzle- 
ment, when 
other letters 
shall be gran- 
ted and bond 
taken, form- 
er administra 
tor liable to 
suit. 



Where per- 
sonal estate 
is insuffici 
ent, the com 
mon pleas 
may order 
the real to be 
sold for the 
payment of 
debts, educa- 
tion & main- 
tenance of 
the children. 



280 



ILLINOIS HISTORICAL COLLECTIONS 



Except un- 
der marriage 
settlement. 



Inventory to 
be first exhi- 
ted and other 
proceedings 
had. 



Mansion 
house & most 
profitable 
part of the es- 
tate to be re- 
served to the 
last. 

Advertise- 
ments to be 
put up of 
time & place 
of sale, 



Administra- 
tor to report 
his proceed- 
ings therein 
to the next 
court, 



court of Common Pleas of the county, where such estate lies, shall 
think fit to allow, order and direct from time to time. 

§ 27. Provided always, That no lands or tenements, con- 
tained in any marriage settlement, shall, by virtue of this law, be 
sold or disposed of, contrary to the form and ef- 

[ 81 ] 

feet of such settlement, nor shall any court of Common Pleas, 
allow, or order any intestates lands or tenements to be sold, before 
the administrator requesting the same, doth exhibit a true and 
perfect inventory, and conscionable appraisement of all the in- 
testate's personal estate whatsoever, as also a just and true ac- 
count, upon his or her solemn oath or affirmation, of all the 
intestate's debts which shall be then come to his or her knowledge. 
And if thereupon it shall appear to the court that the intestate's 
personal estate will not be sufficient to pay the debts, and main- 
tain the children, until the oldest of them attains the age of 
twenty-one years, or to put them out to be apprentices, and teach 
them to read and write, then, and in every such case, and not 
otherwise, the court shall allow such administrator to make public 
sale of so much of the said lands belonging to any minor, as the 
court, upon the best computation they can make of the value 
thereof, shall judge necessary for the purposes aforesaid, reserv- 
ing the mansion house, and most profitable part of the estate till 
the last. But before any such sale be made, the court shall order 
so many writings to be made by the Clerk, upon parchment, or 
good paper, as the court shall think fit, to signify and give notice 
of such sales, and of the day and hour when, and the place where 
the same will be, and what lands are to be sold, and where they 
lie ; which notice shall be delivered to the Sheriff or Constables, in 
order to be fixed in the most public places of the county, or city 
or town, at least twenty days before sale : and the 

(82) 

Sheriffs or Constables are hereby required to make publication 
accordingly; and the administrator that makes such sale, shall 
bring his or her proceedings therein, to the next court of Common 



PROBATE, 1807 



281 



Pleas, after the sale made. And if it shall happen that any land§ 
be sold by virtue of this law, for more than the courts computa- 
tion of the value thereof, then the administrator shall be account- 
able for the same, as by this law is required for intestate's per- 
sonal estates. 

§ 28. Where any person has died, or hereafter shall die 
intestate, leaving his or her heirs, or any of them infants, or 
having made a will, shall not in said will have authorised his or 
her executors, or some fit persons to make deeds of conveyance, 
and having previous to his or her death, executed bonds or any 
other instrument of writing, binding him or her to convey any 
tract of land, or lot of ground, in such case, the administrator, or 
executor shall apply to the court of Common Pleas, where the 
land lies, to appoint three fit persons as commissioners, who shall 
have full power and authority to convey any tract of land, or lot 
of ground, to the person entitled to the same, which the decedent 
bound him or herself, and his or her heirs, by any instrument of 
writing to convey, agreeably to the tenor of such instrument ; and 
such conveyance so made, shall be as valid, and obligatory, upon 
the heris, as if made by the ancestor in his life time: Provided 
hozvever, That nothing in this act shall be so construed, as to pre- 
vent the infant representatives of such decedent, from instituting 
suits to 

(83) 

recover such land, or a compensation in damages from the person 
or persons, to whom it shall have been conveyed, if any fraud 
shall have been practised in obtaining the same : Provided always, 
That the bond or instrument on which said conveyance is prayed, 
shall be filed with the records of the said court. 

§ 29. Whenever it shall appear to the several courts of 
Common Pleas, of any county in this Territory, on petition of any 
guardian or guardians, of any minor or minors, being owner or 
owners, and proprietor or proprietors, of any houses and lots, in 
any town or village, in this Territory, that the yearly rents, issues 
and profits, beyond all reprisals of the same, are not sufficient to 
keep them in repair ; it shall and may be lawful for such court to 
authorise the said guardian or guardians to sell and dispose of the 



Where lands 
sell for more 
than the com 
puted valua- 
tion, admini- 
strator to ac- 
count for ex- 
cess. 

Where testa- 
tors or intes- 
tates leave 
infants, hav- 
ing given 
bonds &c to 
convey any 
real estate, 
the court on 
application 
of executor 
or adminis- 
trator to ap- 
point 3 com- 
missioners to 
convey the 
said estate, 
which shall 
bind the heirs 

In case of 
fraud practi- 
ced, infant 
representa- 
tives may re- 
cover the 
land or com- 
pensation in 
damages. 
Bond &c. to 
be filed a- 
mong the re- 
cords of the 
court. 
Where the 
rents of hou- 
ses & lots in 
town belong- 
ing to minors 
are not suffi- 
cient to keep 
them in re- 
pair, 

The court on 
petition of 



282 



ILLINOIS HISTORICAL COLLECTIONS 



guardianmay 
authorise him 
to sell the 
same by auc- 
tion, on giv- 
ing 30 days 
notice of sale 
and on such 
credit as the 
court shall 
direct. 

Guardians on 
such sale to 
take bond 
with sureties 
to be appro- 
ved of by the 
court, 
And there- 
upon convey 
to the pur- 
chasors. 



Guardians to 
account for 
the consider- 
ation money. 

Written wills 
duly proved, 
are declared 
good convey- 
ances of the 
estates devi- 
sed and be- 
queathed. 
How proof 
to be made of 
such wills, 



Probate of 
wHls declared 
matter af re 



said house and lot, or houses and lots, by public auction, to the 
highest bidder, on giving thirty days previous notice of the time 
and place of such sale, which shall be on such credit as the court 
shall direct, payable with lawful interest. 

§ 30. The said guardian or guardians, on the said sale's 
being made, shall take bond from such purchasor or purchasers, 
with sufficient security, to be approved of by the court, for the 
payment of such consideration money, who shall thereupon by 
proper deeds, convey to such purchasor or purchasers, his or her 
heirs, all the estate, right, title and interest, of such minor or 
minors, of, in, and to the said house and lot. 



(84) 

or houses and lots ; which conveyance so made, shall be as valid 
and effectual, as if the same had been made by such minor or 
minors, when of full age. 

§ 31. The said guardian or guardians, shall account for the 
consideration money received for such house and lot, or houses 
and lots, in the same manner as for the other estate of such minor 
or minors. 

§ 32. All wills in writing, wherein, or whereby, any lands, 
tenements or hereditaments, have been, are, or shall be devised 
(being proved by two or more credible witnesses, upon their sol- 
emn oath or affirmation, or by other legal proof, in this Territory, 
or being proved before such as have, or shall have power in any 
of the United States, or elsewhere, to take probates of wills, and 
grant letters of administration, and a copy of such will, with the 
probate thereof annexed, or endorsed, being transmitted hither 
under the public or common seal of the courts, or offices where 
the same have been, or shall be taken or granted, and recorded or 
entered in the office of the Clerk of the court of Common Pleas 
in this Territory) shall be good and available in law, for the 
granting, conveying and assuring of the lands or hereditaments, 
thereby given or devised, as well as of the goods and chattels 
thereby bequeathed ; and the copies of all wills and probates, under 
the public seals of the courts, or offices, where the same have been. 



PROBATE, 1807 



283 



or shall be taken or granted, respectively, other than copies, or cord and may 

probates of such wills as shall appear to be annulled, disapproved °®. 8^^®"' "* 

' r^r evidence, 

or revoked, shall be 

( 85 ) 

judged and deemed, and are hereby declared to be matter of 
record, and shall be good evidence to prove the gift or devise 
thereby made. And all such probates, as well as all letters of 
administration, granted out of this Territory, being produced 
here, under the seals of the courts, or offices, granting the same, 
shall be as sufficient tO' enable the executors or administrators, by 
themselves or attornies, to bring their actions in any court within 
this Territory, as if the same probates, or letters testamentary, or 
administrations were granted here, and produced under the seal of 
the court of Common Pleas, in any county of this Territory. 

§ 33. Provided always, That if any of the wills whereof 
copies or probates, shall be so as aforesaid, produced and given 
in evidence, shall, within seven years after the testators death, 
appear to be disproved, or annulled, before any Judge or officer 
having cognizance thereof, or shall appear to be revoked or altered, 
by the testator, either by a latter will, or codicil in writing, duly 
proved as aforesaid, then, and in every such case, it shall and may 
be lawful for the party aggrieved, or his or their heirs, executors 
or assigns, to have their action for what shall be taken, or de- 
tained from them, by occasion of such wills, or have their writ or 
writs of error, for reversing the judicial proceedings thereon, (as 
the case shall require) any thing herein contained, to the contrary 
notwithstanding. 

§ 34. No nuncupative will, shall be good, where the estate 
thereby bequeathed shall 

(86) 



Probates & 
letters of ad- 
ministration 
granted out 
of the Terri- 
tory, to have 
full force 
within it. 



Should a will 
be disproved 
within 7 years 
remedy given 
to the party 
aggrieved. 



exceed the value of eighty dollars, that is not proved by two or 
more witnesses, who were present at the making thereof, nor 
unless it be proved, that the testator at the time of pronouncing 
the same, did bid the persons present, or some of them, bear wit- 
ness that such was his will, or to that effect; nor unless such 
nuncupative will, be made in the time of the last sickness of the 



Nuncupative 
will bequea- 
thing more 
than 80 dol- 
lars value de- 
clared void, 
unless proved 
and how. 



284 



ILLINOIS HISTORICAL COLLECTIONS 



Further re- 
quisites to 
make such 
will valid. 



Limitation 
of proof as to 
such nuncu- 
pative wills. 



No brobate 
of wills nun- 
cupative to 
issue, till 14 
days after the 
death, nor till 
the widow or 
next of kin, 
be summoned 
to contest the 
same. 

This law not 
to effect mar- 
iners, persons 
at sea and sol 
diers in ac- 
tual service. 



deceased, and in the house of his or their habitation, or dwelling, 
or where he or they have, or hath been resident, for the space of 
ten days or more, next before the making of such will ; except 
where such person was surprised, or taken sick, being from his 
own house, and died before he returned to the place of his or her 
dwelling. 

§ 35. When six months have passed, after speaking of the 
pretended testamentary words, no testimony shall be received to 
prove any will nuncupative, except the said testimony, or the sub- 
stance thereof was committed to writing within six days after the 
making of the said will. 

§ 36. No letters testamentary, or probate of any nuncupa- 
tive will, shall pass the seal of the court of Common Pleas in the 
respective counties, till fourteen days at least after the death of the 
testator, be fully expired, nor shall any nuncupative will, be at 
any time received to be proved, unless process have first issued 
out, to call in the widow, or next of kindred to the deceased, to 
the end, that they may contest the same, if they please. 

§ 27. Notwithstanding this law, any mariner, or person be- 
ing at sea, or soldier, be- 

( 87 ) 

ing in actual military service, may dispose of his moveables, wages 
and personal estate, as he might have done before the making 
hereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS. 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XVH. 
An act to License and Regulate Taverns. 

FOR preventing disorders, and the mischiefs that may 

no 



§ 1- 



Publicans to 

by the"courts '^^PP^" ^y multiplicity of public houses of entertainment, 

of common person or persons shall in future have or keep any public inn or 

pleas. tavern, ale house or dram shop, or public house of entertainment, 



TAVERNS, 1807 



285 



in any county, town or place within this Territory, unless such 
person or persons, shall first obtain permission or license from 
the court of Common Pleas, which shall continue for one year 
and no longer, under the penalty of one dollar per day, for every 
day on which the party offending, shall keep such public inn, 
tavern, ale house, dram shop, or public house of entertainment, to 
be recovered with costs, before any Justice of the Peace, in an 
action qui tarn, two thirds whereof shall go to 

(88) 

the use of the poor of the county, where the offence may be 
committed, and the other third to the prosecutor suing for the 
same, to effect, 

§ 2. No person licensed as aforesaid, shall, knowingly suffer 
any disorder, as drunkenness, or unlawful games, whatever, in 
such his, her, or their houses, under the penalty of five dollars for 
the first offence, to be recovered as aforesaid, and for the second 
offence to be suppressed by the Judges of the several courts ; and 
no such inn-keeper, tavern-keeper, or other person as aforesaid, 
shall presume to continue such house of entertainment, of his own 
accord, after such suppression, or the expiration of his license, 
without new license, as aforesaid, under the penalty of one dollar 
per day as aforesaid, to be recovered in manner aforesaid, two 
third parts whereof shall go the use of the poor of the county, 
where the offence shall be committed, and the remaining third to 
the party prosecuting, 

§ 3, All tavern-keepers, and inn-keepers, as aforesaid, shall 
provide and furnish good entertainment and accommodations for 
man and horse, under penalty of five dollars, to be recovered in 
manner and for the use aforesaid. 

§ 4. The said court shall at the time of granting any license 
under this act, demand of, and from the person obtaining the 
same, any sum not exceeding twelve dollars, which they may deem 
reasonable, taking into consideration the stand, where such tavern 
is to be opened, which sum so receiv- 

(89) 

ed, shall, by the said court be paid to the county Treasurer, for 



Under what 
penalties. 



No disorder- 
ly conduct or 
unlawful 
Games, under 
pain of sup- 
pression and 
fine. 



Good enter- 
tainment to 
be provided 
under a pen- 
alty of 5 dol- 
lars. 

Fee on every 
license to 
the county 
and to the 
clerk. 



286 



ILLINOIS HISTORICAL COLLECTIONS 



No license to 
be given, un- 
lessbond with 
surety, if re- 
quired, exe- 
cuted to the 
governor un- 
dera penalty, 



No person 
unless quali- 
fied by this 
law to sell 
liquors under 
certain quan- 
tities. 



Penaltythere 
on. 

Retailers & 
publicans not 
to harbor or 
trust minors 
servants &c. 
on forfeiture 
&c. 



the use of the county, and the said court shall also demand of such 
applicant, one dollar, for the use of the Clerk. 

§ 5. No license shall be given, unless the person requiring 
the same, shall first become bound to the Governor of the Terri- 
tory, with security if required, in any sum not exceeding three 
hundred dollars, that he, she, or they, on obtaining such license, 
shall at all times, be of good behaviour, and observe all the laws 
and ordinances, which are, or shall be made, or be in force relating 
to inn-keepers, or tavern-keepers, within the Territory, and who- 
ever shall keep a tavern, inn, or public house of entertainment, 
before he or she has given bond as aforesaid, such person shall 
suffer the same penalty, as if the same had been done without 
license. 

§ 6. No person or persons, other than such as are, or shall 
be qualified so to do by this law, shall presume, under any colour 
or pretence, to sell, barter with, or deliver any Wine, Rum, Brandy, 
or other spirits, or strong water, Beer, Cider, or any mixed, or 
strong liquors, to be used, or within his, her, or their houses, yards, 
or sheds, or to be with his, her, or their knowledge, privity, or 
consent, used or drank, in any shelters, places or woods, near, or 
adjacent to them, by companies of servants, slaves, or others, nor 
to retail, or sell, to any person or persons, any Rum, Brandy, or 
other spirits, or strong water, by less quantity or measure, than 
one quart, nor any Wine by less 

(90) 

quantity or measure than one quart, nor any Beer, Ale or Cider, 
by any quantity less than two gallons, the same liquors being 
respectively delivered to one person, and at one time, without any 
collusion or fraud, contrary to the true intent and meaning of this 
law, every person offending herein, shall pay a fine of twelve 
dollars, on conviction, by indictment, to the use of the proper 
county. 

§ 7, If any inn-holder, or keeper of public house, or any 
retailer of liquors, shall receive, harbour, entertain or trust any 
minor under the age of twenty one years, or any servant, knowing 
them, or either of them to be such, or after having been cautioned 



TAVERNS, 1807 



287 



or warned to the contrary, by the present guardian, master or 
mistress, of such minor or servant, in the presence of one or more 
credible witnesses, such inn-holder, keeper of public house, or 
retailer of liquors, so offending, shall, for the first or second 
offence, being duly convicted thereof, forfeit and pay the sum of 
three dollars, for every such offence, over and above the loss and 
forfeiture of any debt such minor or servant, shall or may con- 
tract for liquors or entertainment, and upon conviction for the 
third offence, the license obtained by such offender, is hereby 
declared null and void; and the person so repeatedly offending, 
shall forfeit and pay the sum of twelve dollars, on conviction by 
indictment to the use of the county, and be forever after incapable 
of keeping a public house, or inn, within the Territory. 
§ 8. No person shall, by any means, pre- 

(91) 

sume to furnish, supply, or sell to any bond servant or slave, any 
rum, brandy, spirits, or any other strong liquors, or strong water, 
mixed, or unmixed, either within or without doors ; nor shall 
receive, harbor or entertain any slave or servant, in or about his, 
her, or their houses without special license had and obtained under 
the hand of such master or mistress, of such slave or bond ser- 
vant respectively, under the penalty for the first offence of three 
dollars, and for every succeeding offence four dollars, to be recov- 
ered before any one Justice of the Peace of the county where the 
offence is committed, on the proof of one or more credible wit- 
nesses, or upon the view of any Justice within the respective 
Counties where the fact shall be committed. 

§ 9. The several fines imposed by this law, shall on convic- 
tion be levied by execution on the offenders goods, or his, her, or 
their persons shall be committed to the County Jail until the same 
be paid, and all fines and forfeitures recovered by virtue hereof, 
which are not otherwise appropriated by law shall be applied in 
manner following that is to say ; one moiety thereof shall be paid 
to the father, mother, guardian, master or mistress of the minor 
or servant entertained as aforesaid, or to the servant himself as 
the Justice of the Peace may direct ; the other moiety shall be paid 



Not to sell 
&c. to bond 
servants or 
slaves, or 
harbor or en- 
tertain them 
withhoutcon- 
sent of mas- 
ter &c. on 
forfeiture. 
&c. 



Pines &c. 
how levied & 
disposed of. 



288 



ILLINOIS HISTORICAL COLLECTIONS 



Courttomake 
out a list of 
rates, 



Publicans to 
set up a copy 
thereof in the 
most public 
room of his 
house. 
Penalty on 
neglect or 
selling at 
higher rates 
and how re- 
coverable. 



Recorders of- 
fice establish- 
ed. 

Where to be 
kept. 



to the Sheriff as Treasurer, for the county where the oft'ence was 
committed. 

§ 10. The courts of Common Pleas respectively at the time 
of granting any license 

M 

(92) 

or permission, under this act, shall make out a list of rates for the 
government of the Tavern-Keepers appljing for the same, and it 
shall be the duty of the Clerk of the Common Pleas, at the time 
of granting such license or permission under the direction of the 
court aforesaid, to make out a copy of the rates and deliver the 
same to the person applying for permission or license to keep a 
tavern, who shall set the same up in the most public room in his, 
or her house, and any person who shall presume to sell at any 
higher rates than those made by the court or without having first 
set up his rates, as aforesaid, for every such offence shall forfeit 
and pay twenty dollars, for the use of the person suing for the 
same, before any Justice within this Territory. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS, 

President of the CoiincU. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XVni. 
A Law establishing the Recorders Office, and for other purposes. 

§ 1. THERE shall be an office of Record in each and every 
county ; which shall 

(93) 

be called and styled the Recorder's Office, and shall be kept in 
some convenient place, at the county seat of Justice, in the respec- 
tive counties; and the Recorder shall duly attend the service of 
the same, and at his own proper costs and charges, shall provide 
parchment, or good large books of royal, or other large paper, well 



RECORDERS, 1807 



289 



bound and covered, wherein he shall record, in a fair and legible 
hand, all deeds, and conveyances, which shall be brought to him 
for that purpose, according to the true intent and meaning of 
this law. 

§ 2. All deeds to be recorded in pursuance of this law, 
whereby any estate of inheritance in fee simple ; shall hereafter be 
limitted to the grantor and his heirs; the words, grant, bargain, 
sell, shall be adjudged an express covenant, to the grantee, his 
heirs and assigns, to wit : That the grantor was seized of an inde- 
feasible estate, in fee simple, freed from incumbrances, done, or 
suffered from the grantor, except the rents and services that may 
be reserved; as also for quiet enjoyment against the grantor, his 
heirs and assigns, unless limitted by express words contained in 
such deed, and that the grantee, his heirs, executors and adminis- 
trators and assigns, may in any action, assign breaches, as if such 
covenants were expressly inserted: Provided always, That this 
law shall not extend to leases at rack rent, or to leases not exceed- 
ing one and twenty years; where the actual possession goes with 
the lease. 

§ 3. If any person shall forge any entry of the acknowl- 
edgements, certificates, or 

(94) 

endorsements, whereby the freehold or inheritance of any man 
may be charged, he shall be liable to the penalties against forgers 
of false deeds ; and if any person shall perjure himself in any of 
the cases herein above mentioned, he shall incur the like penalties 
as if the oath or affirmation had been in any court of record. 

§ 4. Every mortgagee of any real or personal estate in this 
Territory, having received full satisfaction and payment of all 
such sum and sums of money as are really due to him by such 
mortgage, shall at the request of the mortgagor, enter satisfaction 
upon the margin of the record of such mortgage, recorded in said 
office, which shall forever thereafter discharge, defeat, and release 
the same, and shall likewise bar all actions brought, or to be 
brought thereupon. 

§ 5. And if such mortgagee, by himself or his attorney, 
shall not within three months after request, and tender made for 



Recorders 
duties. 



What words 
in deeds shall 
pass a fee & 
amount to 
certain cove- 
enants, on 
which gran- 
tee may in 
any action 
assign breach 
es. 



Proviso. 



Forging ac- 
knowledg- 
ments &c. 
How punish- 
ed. 



Punishment 
on perjury. 



Satisfaction 
on mortgage 
es how to be 
entered by 
mortgagees 



Penalty on 
mortgagees, 



290 



ILLINOIS HISTORICAL COLLECTIONS 



neglect toen- 
ter such sat- 
isfaction with 
in 3 months 
after request 
&c 



Every coun- 
ty to have a 
recorder, who 
shall give 
bond with se- 
curity to the 
governor in 
1500 dollars, 
and file the 
bond withthe 
secretary. 



Penalty on 
recorder offi- 
ciating oth- 
erwise. 



All deeds &c 
to be acknow 
ledged and re 
corded. 



his reasonable charges, repair to said office, and there make ac- 
knowledgment as aforesaid, he, she or they, neglecting so to do, 
shall for every such offence, forfeit and pay unto the party or 
parties aggrieved, any sum not exceeding the mortgage money — 
to be recovered in any court of record, by bill, plaint or infor- 
mation. 

§ 6. There shall be appointed a recorder in every county, 
now or hereafter to be erected. But before any of the recorders 
enter upon their respective offices, they shall become bound to the 
Governor and his successors in office, with one or more sufficient 
sureties, in a bond for fifteen hun- 

(95) 

dred dollars ; conditioned for the true and faithful execution of 
his office, and for delivering up the records, and other writings 
belonging to the said office, whole, safe and undefaced, to his suc- 
cessor in said office. Which said respective bonds, shall be filed in 
the Secretaries office, and there safely kept, in order to be made 
use of, for making- satisfaction to the parties, that shall be dam- 
nified, or aggrieved, as is or shall be in such case directed by law. 

§ 7. And no recorder whatsoever, now or hereafter ap- 
pointed, as aforesaid, shall enter upon, or officiate in his said 
office, before he hath given such security as aforesaid, upon pain 
of forfeiting the sum of three hundred dollars; one half to the 
Territory, and the other half to him or them, that shall sue for 
the same to be recovered as aforesaid. 

§ 8. All deeds and conveyances, which shall be made and 
executed within this Territory, of, or concerning any lands, tene- 
ments, or hereditaments, therein, or whereby the same may be in 
any way effected in law or equity, shall be acknowledged by one 
of the grantors or bargainors, or proved by one or more of the 
subscribing witnesses to such deed, before one of the Judges of 
the General court, or before one of the Judges of the court of 
Common Pleas, or before one of the Justices of the Peace of the 
county where the land conveyed do lie; and shall be recorded in 
the recorder's office of the county where such lands or heredita- 
ments are lying and being, within twelve months after the execu- 
tion of such 



RECORDERS, 1867 



291 



(96) 

deeds, or conveyances: and every such deed or conveyance, that 
shall at any time after the publication hereof be made and exe- 
cuted, and which shall not be proved and recorded as aforesaid, 
shall be adjudged fraudulent, and void against any subsequent 
purchaser, or mortgagee for valuable consideration; unless such 
deed or conveyance be recorded as aforesaid; before the proving 
and recording of the deed or conveyance under which such subse- 
quent purchaser or mortgagee, shall claim. 

§ 9. Where the grantors and witnesses of any deed or con- 
veyance are deceased or cannot be had, it shall and may be lawful 
to and for the Judges of the General court, or court of Common 
Pleas, or any Justice of the Peace, of the county where the lands 
lie, to take the examination of any witness, or witnesses, on oath, 
or affirmation to prove the hand writing of such deceased witness 
or witnesses; or where such proof cannot be had then to prove 
the hand writing of the grantor or grantors, which shall be cer- 
tified by the Judge or Justice before whom such proof shall be 
made; and such deed or conveyance, being so proved shall be 
recorded as is usual in other cases, directed above by this law. 

§ 10. Every recorder shall keep a fair book in which he 
shall immediately make an entry of every deed or writing brought 
into his office to be recorded; mentioning therein the date, the 
parties, and the place where the lands, tenements or hereditaments 
granted or conveyed by the said deed or writing, are situate; 
dating the 

(97) 

same entry, on the day in which such deed or writing was brought 
into his office; and shall record all such deeds and writings, in 
regular succession, according to their priority or time in being 
brought into said office; and shall also immediately give a receipt 
to the person bringing such deed or writing to be recorded, bear- 
ing date on the same day with the entry, and containing the 
abstract aforesaid; for which entry and receipt he shall take or 
receive no fee or reward whatever. And if any recorder shall 
record any deed or writing before another first brought into his 



if not re- 
corded within 
a year, may 
be avoided. 



How proved, 
where gfran- 
tors or wit- 
nesses are 
dead. 



Recorders 
duty, 



How recov- 
ered and by 
whom. 



292 



ILLINOIS HISTORICAL COLLECTIONS 



How hus- 
band & wife 
may convey 
real estates 



Duty of ma- 
gistrates ta- 
king acknow 
ledgment. 



office to be recorded; or in any other manner than is herein 
directed, or shall neglect or refuse to make such an entry, or give 
such a receipt as is herein before directed; or shall directly or 
indirectly take or receive any fee, or reward for such entry and 
receipt, or either of them, he shall forfeit and pay for every such 
offence a sum not exceeding three hundred nor less than one hun- 
dred dollars; one half to the use of the Territory, and the other 
half to him or them, that shall sue for the same, to be recovered 
in any court of record by action of debt, bill or plaint, wherein 
no essoin, protection or wager of law or more than one imparlance 
shall be granted. 

§ 11. Where any husband and wife shall hereafter incline 
to dispose of and convey the estate of the wife, or her right of, 
in or to any lands, tenements or hereditaments, whatsoever, it shall 
and may be lawful, to, and for the said husband and wife, the wife 
not being less than twenty one years of age, to make seal, deliver 
and execute, any grant 

(98) 

bargain and sale, lease, release, feoffment, deed, conveyance, or 
assurance in the law, whatsoever, for the lands, tenements, and 
hereditaments, intended to be by them passed and conveyed; and 
after such execution to appear before one of the Judges of the 
General court, or court of Common Pleas, or before a Justice of 
the Peace, of, and for the county, where such lands, tenements 
and hereditaments shall lie, and to acknowledge the said deed or 
conveyance, which Judge of the General court, or court of Com- 
mon Pleas, or Justice of the Peace, shall, and he is hereby author- 
ized and required to take such acknowledgement ; in doing whereof 
he shall examine the wife separate and apart from her husband, 
and shall read, or otherwise make known the full contents of such 
deed or conveyance to the said wife ; and if upon such separate 
examination, she shall declare that she did voluntarily, and of 
her own free will and accord, seal, and as her act and deed de- 
liver the said deed or conveyance, without any coercion, or com- 



RECORDERS, 1807 



293 



pulsion of her said husband every such deed or conveyance shall 
be, and the same is hereby declared to be good and valid in law, 
to all intents and purposes, as if the said wife had been sole, and 
not covert at the time of such sealing and delivery, any law, usage 
or custom to the contrary in any wise, notwithstanding; Provided, 
That the Judge or Justice, taking such acknowledgement, shall 
under his hand and seal, certify the same upon the back of such 
deed or conveyance. 

§ 12. It shall and may be lawful for any 

(99) 

Judge of the court of Common Pleas, or Justice of the Peace of 
any county in this Territory, within the limits of their respective 
counties, to take the acknowledgment or proof of the execution 
of any deeds or conveyances, or release of dower of any lands or 
tenements, lying and being in any other county in this Territory; 
which acknowledgments or proofs, or release so taken and made, 
the same being duly certified by the Clerk, under the county seal, 
shall be valid and effectual, and have the same force and effect, as 
if the same were taken before any Judge, or Justice of the Peace 
of the county, in which the said lands or tenements are situate. 

§ 13. All deeds and conveyances, made and executed by any 
persons not residing within this Territory, and brought hither to 
be recorded in the county where the lands lie, the acknowledgment 
thereof being taken and made in manner herein before directed, 
before any mayor or chief magistrate, or officer of the cities, 
towns or places, where such deeds or conveyances are, or shall 
be made, or executed, and certified under the common or public 
seal of such cities, towns or places shall be as valid and effectual 
in law, as if the same had been made and acknowledged in manner 
aforesaid, before any Judge of the General court of this Territory, 
or before any Judge of the court of Common Pleas, or Justice of 
-the Peace, for the county where the lands 



the said ac- 
knowledg- 
ment to be 
certified. 



Justices &c 
in one coun- 
ty may take 
acknowledg- 
ment orproof 
of the execu- 
tion of deeds 
of lands in 
another coun 
ty in the ter- 
ritory. 



Deeds for 
lands execu- 
ted out of the 
territory, 
How to be 
acknowledg- 
ed &certiiiied 



N 



294 



ILLINOIS HISTORICAL COLLECTIONS 



Trespassing 
animals may 
be detained 
till damages 
&c paid. 



Notice of 
Distress to be 
given and 
how. 



Proceedings 
after notice, 



( 100 ) 

lie; any thing herein contained to the contrary notwithstanding. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
' B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XIX. 

An act concerning Trespassing Animals. 

§ 1. IF any horse, mare, colt, cattle, sheep or hogs, shall 
trespass, by breaking into the lawful enclosure of any person or 
persons ; every such person being injured by such trespass, may 
seize and distrain such trespassing creature, and the same so 
seized, and distrained, may retain, until he, she or they, shall re- 
cover and receive the damages sustained by such trespass, together 
with the costs of advertising, and reasonable charges for keeping 
such distress, in manner hereinafter directed. 

§ 2. Every person or persons, making such distress, shall, 
within the space of forty eight hours after the same shall be made, 
give notice thereof to the owner or owners, of such horse, mare, 
colt, cattle, sheep, lamb, or hog, if he, she or they can be con- 
veniently found ; but if not, then such per- 

( 101 ) 

son or persons, seizing or distraining such creature, shall, within 
three days after the distress taken, as aforesaid, cause an adver- 
tisement of the marks, brands, stature and colour thereof, and of 
the place where the same may be found, to be affixed in a con- 
spicuous manner, at the most public place of his, her or their 
townships ; and if, upon such notice, or advertisement, such owner 
or owners shall appear, but neglect, or refuse to make, or tender 
a reasonable satisfaction to the party injured, for the damages 
sustained by such trespass, and in keeping the said creature ; or 
if the said person or persons, so making the distress, shall not 



TRESPASSING ANIMALS, 1807 295 

accept the said satisfaction, it shall and may be lawful for either 
of the parties aforesaid, to complain and apply to any Justice of 
the Peace, of the county, where such creature shall be seized and 
distrained, as aforesaid, who shall upon such complaint, and appli- 
cation, issue his warrant, directed to any two honest and reputable How satisfac- 
freeholders of the neighbourhood, commanding and enjoining "tion to be 
them forthwith, to view the said trespass, and to value, appraise, 
and ascertain the injury or damage done to, or within the enclosure 
aforesaid, having regard to the lawfulness of said fence, with the 
expense and cost of keeping the said creature, and to make report 
thereof to him the said Justice, with all convenient speed, which 
said valuation and appraisement, and return, they, the said free- 
holders, are hereby required, and enjoined, to make accordingly — 
and if the said valuation and appraisement, shall not amount to 
more than the sum of 

( 102 ) 

money tendered to the party injured, as a recompence for the 
damage done as aforesaid, before such complaint made, then the 
said Justice shall give judgment for the same only, to the party 
refusing such tender, and award reasonable costs and charges to 
the other party, for the unjust vexation; but if the said valuation 
shall amount to more than the sum tendered, or if no such tender 
be made, then, and in that case, the said Justice shall award and 
give judgment for the valuation aforesaid, to the party injured, 
with reasonable costs and charges, for keeping the said creature, 
so trespassing against the other party, and shall award execution 
upon every such judgment, with costs of suit accordingly. 

§ 3. Whoever shall hurt, kill or do damage, to any horse, Damages on 
mare, colt, cattle, sheep, lamb, or hog, by hunting or driving them ?Hf^^"^ °^ 
out of, or from the said enclosure, or by neglecting to provide joals &c or 
them with sufficient food and water, after they may have been not provi- 
distrained, shall be liable to make good all damages sustained ^^ suffici- 
thereby, to the owner of such creature or creatures. ent food af- 

§ 4. If no owner or owners appear and make out, his or made ^^^^ 
their property in the said creatures, within two weeks after such 
advertisements, shall be published in the township, as aforesaid, jn ^ggg ^o 



296 



ILLINOIS HISTORICAL COLLECTIONS 



owner ap- 
pears, 



Proviso 



Where own- 
er appears 
within one 
year. 



the person or persons making such distress, shall forthwith under 
the penalty of twelve dollars, cause the like advertisement to be 
published three times successively, in one or more news-papers or 
gazettes, printed and published within this Territory, provided, 
there is a gazette 

(103) 

or news-paper then printed and published within the county, 
wherein the trespass shall happen; But in case of no such public 
paper, then such advertisement shall be put up in a conspicuous 
manner at the court house door of the county ; and the party dis- 
training shall make application, at the expiration of two months 
after the publication of the same advertisements, to the said Jus- 
tice of the Peace, who is hereby authorised and required, to issue 
his warrant to two honest and respectable freeholders, and cause 
them upon their oath or affirmation, which he is hereby empow- 
ered and required to administer to them, to view, value, and 
appraise the creature or creatures so distrained, and to ascertain 
the damages so done, as aforesaid, with reasonable charges for 
keeping the said creature, and to make return thereof, to him as 
aforesaid, upon which valuation and return, the property of, and 
in the said creatures, so valued, shall become, and be held and 
taken to be, and is hereby vested in the person so making such 
distress ; but so nevertheless, that he shall be answerable and ac- 
countable to the owner or owners aforesaid, for the valuation 
money aforesaid, at any time afterwards within the space of one 
year, next after the publication of such advertisement, last afore- 
said, having first deducted thereout, the cost of such proceedings, 
advertisements, and charges of keeping the said creature with the 
damages so ascertained. But if the said owner or owners shall not 
appear and demand the same, within the time limited, last afore- 
said, then the said person or persons, so making the said 

( 104 )• 

distress, shall, upon demand made, pay all such overplus money 
to the sheriff of the county, for the use of the county, under the 
penalty of double the sum retained in his, her or their hands, con- 
trary to the direction of this law. 



ESTRAYS, 1807 



297 



If party dis- 
training ne- 
glects to give 
notice, own- 
er to have 
restitution 
without ex- 
pence. 



All fines to 
go to the ow- 
ner of cer- 
tain animals 
& the poor. 
How recover 
ed. 

Penalty on 
detaining an- 
imals within 
enclosures 
for 48 hours, 
without giv- 
ing notice 
&c. 



§ 5. If any such person or persons so distraining, shall neg- 
lect to give such notice, as herein before directed, or shall neglect 
to set up, and publish such advertisements in the most public place 
of his, her, or their Township, he, she, or they, shall forfeit and 
loose, all right or title or pretence of right, to a recovery of any 
sum or sums of money for such trespass, or any recompense for 
the same; but shall deliver up the said creature so distrained, to 
the owner or owners thereof, without any recompense or reward 
whatsoever; and that one half of all the fines imposed by virtue 
of this law, shall be to the use of the owner, or owners of such 
creature and the other half thereof to the use of the county, to be 
recovered by them or either of them, in a summary way, as debts 
not exceeding eighteen dollars, are by law directed to be recovered. 

§ 6. If any person or persons shall knowingly, and wit- 
tingly, keep and retain any horse, mare, colt, cattle, sheep, lamb or 
hog, within his, her or their enclosures, for the space of forty- 
eight hours, without giving the notice and publishing the adver- 
tisements aforesaid, every such person or persons, shall forfeit 
and pay the sum of twelve 

( 105 ) 

dollars for every such offence, to be recovered and applied in 
manner aforesaid. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the CounciL 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XX. 
An act to regulate the disposition of Water Crafts, of certain 
descriptions found, gone, or going adrift, and of estray 
animals. 

§ 1. IF any person shall take up any boat, flat, periague. Persons tak- 

canoe or other small vessel gone or going adrift, he or she, shall '?^ "^ Boats 

within five days cause the same to be viewed by some householder adrift, how 

of the county where the same shall be taken up, and shall forth- *° proceed, 



298 



ILLINOIS HISTORICAL COLLECTIONS 



Duty of jns- 
tice. 



Duty ofclerk 
of the com- 
mon pleas, 

Allowanceto 
justice and 
clerk, and 
how paid. 



Persons tak- 
ing up horses 
&c, as estray 
how to pro- 
ceed, 



with go with such householder, before a Justice of the Peace of 
the same county and make oath when and where the same was 
taken up, and that the marks thereof have not been altered or 
defaced by him, or by any other person to his knowledge since the 
taking up, and the Justice shall take from such householder, upon 
oath, an exact description of such boat, flat, periague, canoe, or 
other small vessel, and shall enter the 

( 106 ) 

same in his estray book, to be by him kept for that purpose, and 
shall transmit a certified copy thereof to the Clerk of the court 
of Common Pleas of the county to be by him recorded in his 
estray book to be kept for that purpose within fifteen days there- 
after if the said Justice does not reside at a greater distance that 
fifteen miles from the Clerk's office ; but if the said Justice resides 
at a greater distance than fifteen miles from the said office, he shall 
transmit the said certificate, within the space of thirty days, and 
the Clerk shall cause a copy of such certificate to be set up at his 
court house door, during the two succeeding terms to be held for 
said county, for which service, he shall be entitled to take and 
receive twenty-five cents, for every such boat, flat, periague, canoe, 
or other small vessel to be deposited by the taker up in the hands 
of said Justice and by him transmitted to the said Clerk with the 
certified copy of such description, and the Justice for administer- 
ing the oath, making the entry and granting the certificate as afore- 
said, shall be entitled to twenty-five cents for his services, which 
sum shall be paid by the taker up. 

§ 2. Every person who shall take up a stray horse, gelding, 
mare, colt, mule or ass, shall within five days advertise the same 
in three different places in the neighborhood or township, and 
shall also within ten days thereafter, unless it shall have been pre- 
viously claimed and proved by the proper owner and a tender 
made of the compensation herein after provided, take the same 
before some Justice of the Peace of the coun- 

(107) 

ty where such stray shall be taken up, and make oath before such 
Justice that the same was taken up at his or her plantation or place 



ESTRAYS, 1807 



299 



tice, 



of residence, in said county or otherwise, (as the case may be) 
and that the marks or brands have not been altered by him or any 
other person or persons, to his knowledge, before or since the 
taking up; the Justice shall then issue his warrant to three disin- Duty of jus- 
terested householders in the neighborhood, unless they can be 
otherwise had, causing them to come before him to appraise said 
stray, and after they, or any two of them, are sworn to appraise 
such stray, without partiality favor or affection, they shall forth- 
with proceed to appraise the same, and immediately make return 
thereof, in writing, together with the description of the marks, 
natural and accidental, brand, stature, color, and age of said 
horse, gelding, mare, colt, mule or ass, to said Justice, who shall 
enter the same in his estray book, and transmit a certified copy 
thereof, under his hand together with the original return of the 
appraisers, under their hands to the Clerk of the court of Com- 
mon Pleas of said county within the time as limited in the first 
section of this act, who shall enter the same in his estray book, and 
file the aforesaid transcript, and certificate of the appraisers in 
his office: and the taker up shall pay unto the said justice fifty Fees to jus- 
cents, and further deposit in the hands of the said Justice fifty ^j ho 
cents, to be paid unto the Clerk aforesaid, which sum of fifty cents paid, 
shall be transmitted at the same time with the aforesaid certificate 
of entry and 

o 



Duty 
clerk. 



of the 



( 108 ) 

appraisement, and the said Clerk shall cause a copy of such valua- 
tion and description to be publicly affixed at the court house door 
of his county during three succeeding terms. 

§ 3. Any person who shall take up any head of neat cattle. Persons tak- 
sheep hog or goat, shall within five days after, cause the same to cattle, sheep 
be advertised in three different places in the neighborhood or &c, 
township, and shall also within ten days thereafter, unless it shall 
have been previously claimed and proved, by the proper owner, 
and a tender made of the compensation herein after provided, 
cause the same to be viewed by some householder of the county, 
where the same shall be taken up, and immediately go with such 



300 



ILLINOIS HISTORICAL COLLECTIONS 



How to pro- 
ceed. 



Duty of jus- 
tice. 



Duty of the 
clerk, 



Fees to the 
justice and 
clerk & how 
paid. 



Proviso, 

Where two 
ormorestrays 
of same 
species taken 
up, 

Not to take 
up or post a- 
ny neat cat- 
tle &c. be- 
tween 1st 
Days of a- 
pril & novem- 
ber, unless 
&c. 

Reward for 
taking up &c. 

With charg- 
es for keep- 
ing &c. and 
how assessed 



householder before a Justice of said county, and make oath be- 
fore him, as is required in taking up a stray horse, gelding, mare, 
colt, mule or ass, and then such Justice, shall take from such 
householder, upon oath, a particular description of the marks, 
brands, colour and age of every such neat cattle, sheep, hog, or 
goat; and such Justice shall cause the said stray or strays to be 
appraised in like manner as is required to be done in case of stray 
horse, gelding, mare, colt, mule or ass, which description and 
valuation shall be entered by such Justice, in his estray book, and 
by such Justice transmitted to the Clerk of the court of Common 
Pleas of said county, and to be by him recorded in his estray 
book, and he shall cause a copy to be publicly affixed at the court 
house door of his county as before directed in taking up stray 
horse, gelding, 

(109) 

mare, colt, mule or ass, and the taker up shall pay, the Justice 
twenty-five cents for his services, and deposit with such Justice, 
twenty-five cents, to be transmitted at the same time with the 
certified copy to the Clerk as aforesaid, for his services : Provided, 
That if two or more strays of the same species, are taken up by 
the same person, at the same time, they shall be included in one 
entry and one advertisement, and in such case the said Justice 
and Clerk shall receive no more than for one such species : Pro- 
vided also, That no person shall be allowed hereafter, to take up 
and post any head of neat cattle, sheep, hog, or goat, between the 
first day of April and the first day of November, following, un- 
less the same may be found within the lawful enclosure of the 
■ taker up, having broken in the same. 

§ 4. As a reward for taking up, there shall be paid by the 
owner to the taker up, or such other person as may be authorised 
by this act to receive the same ; For every boat or flat, one dollar, 
for every periague, canoe, or other small vessel, fifty cents, every 
horse, gelding mare, colt, mule, or ass one dollar, for every head 
of neat cattle, fifty cents, for every sheep or goat, twenty-five 
cents, and for every hog above six months old ten cents, together 
with the fees paid by the taker up, to the Justice and Clerk afore- 
said, and reasonable charges for keeping said estray or estrays 



ESTRAYS, 1807 



301 



to be assessed by two disinterested householders appointed by 
some one Justice in the manner and form as other appraisers are 
to be appointed under this act, who shall in the same man- 

(110) 

ner, and under the same restrictions proceed to make appraisement, 
and return to the said Justice, as by this act in other cases is re- 
quired, and on failure of the claimant to satisfy such fees and 
charges, the estray or estrays, shall be by the Sheriff, after giving 
two days notice, sold to the highest bidder to satisfy such costs 
and charges for keeping, and the said Sheriff after paying such 
costs and charges, and deducting one dollar for his fees of sale, 
shall pay the remainder to the claimant. 

§ 5. If no owner shall appear to prove his or her property, 
within one year after such publication, and when the valuation 
does not exceed five dollars, the property shall be vested in the 
taker up, but when the valuation shall exceed five dollars, and no 
owner appears within the time aforesaid, the property shall be 
vested in the Sheriff of the county to be sold to the best bidder, 
and the money arising from the sale thereof, after paying the fees 
that have accrued, and reasonable expences for keeping the same, 
shall be put into the county Treasury, which expences shall be 
ascertained in manner and form as before directed by this act, 
saving nevertheless, The right in the taker up, at the expiration 
of one year, to pay into the county Treasury, the appraisement 
value of such estray, and in that case the property of said estray 
shall be vested in the taker up: Nevertheless, The former owner 
may and shall at any time thereafter, by proving his or her prop- 
erty in the court of Common Pleas of the county, where such 
estray was taken up, and obtaining a certifi- 

(111) 

cate from the Clerk, receive an order from the court of Common 
Pleas, to the Sheriff, for the nett proceeds, after paying costs and 
charges, and if any person shall trade, sell, or take away any such 
stray, or water craft, out of the Territory, before he is vested with 
the right of property, agreeable to this act, for any purpose what- 
soever, he or she, so offending, shall forfeit and pay double the 



In default of 
payment es- 
trays to be 
sold & how. 



When no ow 
ner appears 
in one year. 

How to pro- 
ceed in case 
valuation un- 
der 5 dollars, 



Penalties on 
persons sell- 
ing, trading 
or taking a- 
way estrays. 



302 



ILLINOIS HISTORICAL COLLECTIONS 



What per- 
sons to take 
up estrays. 



Horses &c. 
found runn- 
ing at large 
without the 
settlements, 
how to be 
dealt with. 



When taker 
up not quali- 
fied how to 
proceed, 



when no ow- 
ner appears 
in one year, 
how to pro- 
ceed, No 
Horse &c. to 
be taken up 
between the 
first days of 
april and no- 
vember, un- 
less found 
within taker 
up's lawful 
enclosure. 



value thereof, to be recovered by any person suing for the same, 
in any court of record within this Territory, having cognizance 
thereof, the one half to the informer, and the other half to the 
county; and it shall not be lawful for any person to take up any 
stray, except as shall hereafter be excepted, unless he shall have a 
freehold, be a tenant for three years, have bond for the land on 
which he resides, or be in possession of the tenement on which 
such estray was found trespassing. 

§ 6. Any person finding any stray horse, gelding, mare, colt, 
mule or ass, running at large, without the settlement of this Terri- 
tory, may take up the same, and shall immediately carry such stray 
or strays, before the nearest Justice of the Peace, and make oath, 
as before directed in this act, after which it may be lawful for 
him, if qualified as aforesaid, to post such stray, or strays, in the 
manner and form as herein before directed, as if the same had 
been taken up on his plantation or place of residence, and when 
the taker up shall not be qualified as aforesaid, he shall take the 
oath before required, and deliver up such stray to the said Justice, 
who shall cause the same to be dealt 

(112) 

with as before directed by this act, and if no owner appears to 
prove his or her property within one year, such Justice shall deliver 
such stray or strays, unto the Sheriff of the county, to be disposed 
of in manner before directed, and after paying the taker up all 
reasonable charges, and deducting the expences for keeping, which 
shall be ascertained as aforesaid, such Sheriff shall, within three 
months pay the ballance into the county treasury; Nevertheless, 
The former owner at any time after, by proving his, or her prop- 
erty before the court of Common Pleas, in the county where the 
said stray was taken up, shall receive a certificate from the Clerk 
of the said court to the Sheriff as Treasurer, who shall pay the 
ballance aforesaid : Provided ahvays, That nothing in this act 
contained, shall be construed to authorise any person or persons 
to take up any horse, gelding, mare, colt, mule or ass, running at 
large, between the first day of April and the first day of Novem- 
ber, so as to entitle him or them to receive the reward or compen- 



ESTRAYS, 1807 



303 



sation herein provided, unless the same be found within the lawful 
enclosure of the taker up, having broken the same. 

§ 7. If any stray or water craft taken up as aforesaid, shall 
die or get away before the owner shall claim his, or her right, the 
taker up shall not be answerable for the same, unless it be proven 
that such stray or water craft died or got away through the neg- 
lect or inattention of the taker up, and if any person shall take 
up any stray at any other place within the inhabitants, than his or 
her place of residence, or without being qualified as 

(113) 

required by this act, such person shall forfeit and pay ten dollars, 
with costs before any Justice in the county where the offence shall 
have been com.mitted, or not having property sufficient to pay such 
fine, he shall be liable to be confined one month in the Jail of the 
county where he may be found, by warrant under the hand and 
seal of any Justice of the peace, directed to the proper officer, who 
shall confine such ofifending persons accordingly, and the prison 
fees of such delinquent shall be paid by the county: Nevertheless, 
Such delinquent shall be liable to repay such fees to the county, 
should he thereafter have property sufficient; and any person 
taking up a stray out of the limits of the settlements of this Terri- 
tory and failing to comply with the requisitions of this act shall 
be subject to the same penalties. 

§ 8. When any water craft or animal taken up in persuance 
of this act, the appraised value whereof shall exceed the sum of 
five dollars, may be restored to the proper owner, or when the 
same may be lost, it shall be the duty of the taker up, within one 
month afterwards to certify in writing, under the signature of the 
taker up, to the Clerk of the court of Common Pleas of the proper 
county; such restoration where the same may be restored, with 
the name and place of residence of the person claiming the same, 
or such loss (where the same may be lost) together with the time 
when, and the manner whereof, and if the taker up of any such 
water craft, or animal taken up in persuance of this act, shall 
neglect to make the certificate aforesaid within the time limited by 



When strays 
die or water 
crafts get a- 
way, 

Taker up not 
accountable, 
unless for ne- 
glect &c. 
Penalty on 
persons not 
qualified 
takiug up es- 
trays 

except at his 
or her place 
of residence. 



and on per- 
sons taking 
up estrays 
without the 
limits of a 
settlement. 

When estrays 
&c. are resto- 
red or lost; 
certificate 
thereof to be 
by the taker 
up delivered 
to the clerk 
of the court 
within one 
month &c 



304 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty on 
neglect. 

How recov- 
erable & ap- 
plied. 



Court of C. 
P. to cause 
pounds to be 
erected, 
When & of 
what descrip- 
tions. 

What strays 
shall be put 
in the pound 
& how long 
kept. 



Persons liv- 
ing 20 miles 
from the 
pound taking 
up estray hor 
ses &c. 



Proviso. 



Courts of C. 
P. neglect- 



(114) 

this act, or shall make a false statement of facts, in any such cer- 
tificate, every person so offending, for every such offence, shall 
forfeit and pay the value of such water craft, or the appraised 
value of such stray animal respectively, to be recovered by action 
of debt, qui tarn or indictment, in any court where the same may 
be cognizable, one half thereof to the county respectively, and the 
other half to whoever will sue for the same. 

§ 9. The Judges of the court of Common Pleas within each 
county of this Territory, shall cause a pound to be made, at or 
near the several court houses ; and in all new counties that may 
be formed in this Territory, within three months after the place 
of erecting the public building is fixed upon, with a good sufficient 
fence, gate, lock and key, where all stray horses, geldings, mares, 
colts, mules or asses, above two years old, taken up within twenty 
miles of the court house, shall be kept on the first day of every 
court of Common Pleas in said county for three succeeding terms 
after the same is taken up, from twelve until four o'clock on each 
day, that the owner may have an opportunity of claiming his or 
her property; and any person taking up any stray horse, gelding, 
mare, colt, mule or ass, not exceeding two years old, shall not be 
compelled to exhibit, such stray or strays at the court house, but 
shall be dealt with in other respects, as is directed in this act, and 
when any person taking up any stray horse, gelding, mare, mule 
or ass, more than two years old resides twenty miles and upwards 
from the court 

(115) 

house, he shall not be compelled to exhibit such stray or strays 
more than once in the pound, which shall be on the first day of 
the second term after taking up : Provided always, That such taker 
up, cause a particular description of such stray or strays to be 
advertised at the door of the court house at and before the term, 
at which the same is put in the pound, by the clerk of the court 
of Common Pleas of said county, in manner and form as before 
directed by this act, and the Judges of the court of Common Pleas 



ESTRAYS, 1807 



305 



for the said county, failing to have such pound erected, shall for- 
feit and pay a sum of twenty dollars for every court thereafter, 
until the same be erected: and until such pound is erected, no 
person taking up any stray horse, gelding, mare, colt, mule, or 
ass, shall be liable for any penalty for not exhibiting the same ; 
and the Judges of the court of Common Pleas shall appoint some 
person to take care of the said pound, and keep the same in repair ; 
whose duty it shall be to attend at the said pound on the several 
court days during the time such strays are directed to continue 
therein, with the key of the same, and the said Judges shall make 
such reasonable allowances for the expence of erecting and keep- 
ing of the said pound, as to them shall seem proper, to be paid out 
of the treasury, in like manner and form, that other county 
charges are liquidated and paid, and any person being appointed, 
and undertaking to take care of said pound, and failing to dis- 
charge his duty agreeable to the directions of this act, shall 



ing to cause 
pounds to be 
erected for- 
feit &c. 



Court to ap- 
point pound 
keeper. 



His duty. 



Pound keep- 
er failing in 
duty forfeit- 



(116) 

forfeit and pay to the informer the sum of eight dollars for every 
such ofifence, with costs, recoverable before any Justice of the 
county, where such offence shall be committed. 

§ 10. If any person shall act contrary to the duties enjoined 
by this act, for which no penalty is herein before particularly 
pointed out, the person so offending shall on conviction thereof, 
forfeit and pay for every such offence, not more than one hundred 
dollars, nor less than five dollars, with costs, to the use of the 
proper county, to be prosecuted for, and recovered in like manner, 
as other fines and forfeitures are under this act, and moreover be 
liable to the action of the party injured, for such neglect. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



How recov- 
ered. 

Penalty on 
persons act- 
ing contrary 
to this act. 



306 



ILLINOIS HISTORICAL COLLECTIONS 



Terre tenant 
to set out 
dower in one 
month, oth- 
erwise the 
widow may 
sue for it. 



How suit to 
be brought 
and against 
whom. 

On judg- 
ment had a 
writ of sei- 
zin to issue 
to sheriff &c. 
who shall 
cause dower 
to be set 
forth, by 
whom and in 
what man- 
ner. 



When estate 
is entire, 
how widow 
to take her 
thirds. 



CHAPTER XXI. 
An act for the speedy assignment of Dower. 

§ 1. WHEN the heir, or other person having the next 
immediate estate of free- 

(117) 

hold or inheritance, shall not, within one month, next after 
demand made, assign and set over, to the widow of the de- 
ceased, her dower, or just third part of, and in all lands, tene- 
ments and hereditaments, whereof, by law, she is, or may be, 
dowable, to her satisfaction, according to the true intendment 
of law, then such widow may sue for, and recover the same, 
by writ of dower, to be brought against the tenant in posses- 
sion, or such persons as have or claim right or inheritance, in 
the same estate, in manner and form as the law prescribes. 

§ 2. Upon rendering judgment for any woman, to re- 
cover her dower in any lands tenements or hereditaments, 
reasonable damages shall also be awarded to her, from the time 
of the demand, and refusal to assign to her, her reasonable 
dower ; and a writ of seisin, shall be directed to the Sheriff of 
the county, or Coroner; and the Sheriff, or Coroner, to whom 
such writ is directed, shall cause her dower in such estate to 
be set forth unto her, by three disinterested freeholders of the 
same county, under oath or affirmation, to be administered b}'- 
any Justice of the Peace, to set forth the same, equally and 
impartially, without favour or affection, as conveniently as 
may be. 

§ 3. Where estates, of which a woman is dowable, are 
entire, and where no division can be made, by metes and 
bounds, dower thereof shall be assigned in a special manner, 
as of a third part of the rents, issues, and profits, to be com- 
puted and ascertained, in manner as aforesaid. And no 



EQUITY, 1807 



307 



Widow not 
to commit 
wiful waste 
&c. 



On what 
penalty. 
In case o£ 
negligent 
waste, dama- 
ges to be 
recovered a- 
gainst her & 
how. 

Tenants ia 
dower to 
keep and 
leave the 
premises in 
good repair. 



(118) 

woman that shall be endowed of any lands, tenements and her- 
editaments as aforesaid, shall, wantonly, or designedly, commit 
or suffer any waste thereon, on penalty of forfeiting that part of 
the estate whereupon such waste shall be made, to him, or 
them that have the immediate estate of freehold, or inherit- 
ance, in remainder or reversion, (and in case of negligent and 
inadvertant waste, by her done, or suffered, the damages that 
may be assessed for such waste) to be recovered by action of 
waste. And all tenants in dower, shall maintain the houses, 
and tenements, with the fences, and appurtenances whereof 
they may be endowed in as good repair as the same have been 
delivered to them, during the term ; and the same shall so 
leave, at the expiration thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXH. 

An act giving remedies in Equity, in certain cases. 
§ 1. IN all causes brought before the 

(119) 

General or Circuit courts, or before any court of Common When judg- 
Pleas, to recover the forfeiture annexed to any articles of cover ac- 
agreement covenant, or charter party, bond, obligation, or cording to e- 
other specialty ; or for forfeiture of real estate, upon condition, good co 
by deed of mortgage, or bargain and sale, with defeazance, science. 
(when the forfeiture, breach, or non-performance, shall be 
found by a jury, by the default, or the confession of the defend- 
ant, or upon demurrer) the court before whom the action is. 



308 



ILLINOIS HISTORICAL COLLECTIONS 



What exe- shall make up judgment therein, for the plaintiff to recover 
sue**tm*sudi ^° much as is due in equity, and good conscience; and shall 
judgment. award execution for the same, by writ of capias ad satisfaciendum, 
fieri facias, or other judicial writ, as the case may require. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXni. 

A Lazv for the relief of the Poor. 

Overseers of § 1. THE court of Common Pleas in the several counties 

& bywhom ^^ *^^^ territory, at every first session of said court, yearly and 
appointed. every 

(120) 

year, after the first day of January, shall nominate and appoint 
two substantial inhabitants of every township within their re- 
spective jurisdictions, to be overseer of the poor of such township. 

§ 2. And if any overseer shall die, remove or become in- 
solvent, before the expiration of his office: two Judges of the 
court of Common Pleas, on due proof being thereof made 
before them, shall appoint another in his stead. Every overseer 
so nominated and appointed, shall before he enters upon the 
execution of his office take an oath or affirmation, respectively, 
according to law ; which any Judge or Justice in the counties 
respectively, is hereby authorised and empowered to admin- 
ister, that he will discharge the office of overseer of the poor, 
truly, faithfully and impartially, to the best of his knowledge 
and ability. 

§ 3. It shall be the duty of the overseers of the poor in 
each and every township, yearly and every year, to cause all 
poor persons, who have, or shall become a public charge to 
be farmed out at public vendue, or out-cry, to wit; On the 
first Monday in May, yearly and every year, at some public 



In case of 
death &c. of 
overseer, va- 
cancy how 
supplied. 

Overseer to 
take oath &c. 



Overseers to 
farm out pau 
pars, when & 
how. 



POOR RELIEF, 1807 309 

place in each township in the several counties of this Terri- 
tory, respectively, to the person or persons, who shall appear 
to be the lowest bidder or bidders, having: given ten days pre- 
vious notice of such sale, in at least three of the most public 
places in their respective townships, which notices shall set 
forth the name and age, as near as may be, of each person to 
be farmed out as aforesaid. 

§ 4. The overseers of the poor, shall 

( 121 ) 

make a return into the Clerk's office of the court of Common When to 

Pleas of the county, of the sum or sums of money, for which P^Hf "^""^^ 

the poor of their respective townships were sold, within fif- of C. P. 

teen days after every such sale shall have been made; and it 

shall be the duty of such court, to levy and cause to be col- Duty of the 

lected in the same manner as other county rates are levied and ^°""- 

collected, a sum of money equal to the amount of the several 

sums for which the poor of the several townships shall have 

been sold. 

§ 5. The farmers of the poor shall be entitled to receive Farmers of 

from the county treasury half yearly on the order of the court ' *" Y' u 
-' •' -^ ■' manner to be 

aforesaid, on the certificate of the overseers of the poor, stat- paid &c, 
ing- the sum due, the compensation which shall have been stip- 
ulated as aforesaid, in full stisfaction for their trouble, and 
for all expences in keeping and supporting the poor, for the 
term of one year as aforesaid, and if any person or persons, 
shall become legally a town charge, after the poor of the 
township shall have been sold as aforesaid, it shall be the duty 
of the overseers to proceed in manner aforesaid to dispose 
of such poor person or persons for the remainder of the year, 
giving the same notice of such farming out. 

§ 6. And it shall be lawful for the farmers of the poor to Farnxers of 
keep all poor persons under their charge, at moderate labour, ^ggp them 
and every person who shall refuse to be lodged, kept, main- at moderate 
tained, and employed in the house or houses of such farmers Paupers re- 
of the poor, he or she, shall not be entitled to receive relief fusing to la- 
from the overseers during such refusal; and titled \o re- 



310 



ILLINOIS HISTORICAL COLLECTIONS 



lief during 
such refusal. 

When pau- 
pers are illy 
treated how 
to proceed. 



Poorchildren 
to be by o- 
verseers put 
out appren- 
tices. 



How and at 
what ages. 

No paupers 
to be reliev- 
ed unless by 
order of two 
justices of 
the peace. 



Overseers ac 
counts how 
to be kept & 
settled. 



Controlledby 
three free- 



(122) 

it shall be the duty of the overseers, on any complaint made to 
them, or on behalf of the poor, to examine into the ground of 
such complaint, and if in their opinion, the poor have not been 
sufficiently provided with the common necessaries of life, or 
have been in any respect illy treated, by the farmers afore- 
said, it shall be lawful for the overseers to with-hold any part 
of the compensation aforesaid, not exceeding one half thereof. 

§ 7. It shall and may be lawful for the overseers of the 
poor of the townships aforesaid, by the approbation and con- 
sent of two Justices of the Peace of the county to put out as 
apprentices, all such poor children, whose parents are dead, or 
shall be by the Justices found unable to maintain them, males 
till the age of twenty-one and females till the age of eighteen 
years. 

§ 8. No person or persons shall be admitted or entered 
in the poor book of any of the said townships, or receive relief, 
before such person or persons shall have procured an order 
from two Justices of the Peace, for the same. And in case 
the said overseers shall enter in their books, or relieve any such 
poor person or persons, without such order, they shall forfeit 
all such money or goods so paid, or distributed, unless such 
entry or relief shall be approved of as aforesaid. 

§ 9. The court of Common Pleas shall annually on the 
day on which overseers of the poor are appointed, choose three 
capable and discreet freeholders in each township to settle and 
adjust the accounts of the overseers of the poor of the respective 
town- 

( 123 ) 

ships for the preceeding year, and the person who shall have 
served the office, shall on the said day, or on any other day, which 
the said freeholders, so chosen, shall appoint, within fifteen days 
next after, deliver and render to the said freeholders, a just 
account in writing, entered in a book to be kept for that purpose, 
and signed by him, of all sums by him received ; and also of all 
materials that have come to his hands, during his office, and of all 



POOR RELIEF, 1807 



311 



holders ap- 
pointed by 
the court. 



The names 
of the poor 
to be enter- 
ed in the o- 
verseers 
books &c. 

Compensa- 
tion to over- 
seers, how 
made. 

Delinquent 
overseers, 
how punish- 
able. 



money paid by such overseers, and of all other things concerning 
his office, which accounts when settled, shall be signed by the said 
freeholders, or any two of them, who shall have full power to 
allow such parts thereof only, as to them shall appear just and 
reasonable. 

§ 10. The said overseers shall make fair entries, in a book, 
of the names of all the poor within their respective townships; 
with the time when each of them became chargeable, and of all 
certificates delivered to them, and by whom, with the times when 
the same were delivered, for which trouble the said freeholders 
or any two of them shall make such allowances as they shall judge 
reasonable ; and if any of the said overseers shall refuse or neglect 
to make and yield up such books and accounts, within the time as 
aforesaid, or if any such whose office shall expire, shall refuse, or 
neglect to pay over the money, and deliver up the books aforesaid, 
and every other thing in his hands, concerning his said office, to 
his successor, within thirty days after his going out of office; it 
shall be lawful to 

Q 

( 124 ) 

and for any Justice of the Peace of the said county, to commit 
such overseer to the common jail, there to remain without bail or 
mainbrize, till such overseers shall give such accounts and pay and 
deliver up such money, books and other things, as he ought in 
manner aforesaid. If any overseer shall think himself aggrieved 
by the settlement of his account by the said freeholders, he may 
(having first paid over to his successor the balance found in his Appeal 
hands, if any such there be) appeal to the next court of Common 
Pleas, who shall, on petition of the party, take such order therein, 
and give such relief as to them shall appear just and reasonable, 
and the same shall conclude all parties. 

§ 11. And if any person appointed as overseer of the poor 
of any township, shall refuse, or neglect to take upon him, the 
said office, he shall forfeit twelve dollars, to, and for the use of 
the county ;. which forfeiture shall be levied by warrant, from any 
two Justices of the county, or of the townships respectively, under 



Overseers ne- 
glecting to 
take office, 
forfeit 12 
dollars to 
county. 



312 



ILLINOIS HISTORICAL COLLECTIONS 



How recove- 
rable. 



Overseers 
removing 
&c. how en- 
joined, and 
how execu- 
tors &c. in 
case of death 



Propertymay 
be had for 
the poor & 
to what a- 
mount. 



Overseers in 
each town- 
ship a body 
corporate, 



their hands and seals, on the goods and chattels of such person 
or persons, so neglecting or refusing, and sold within three days 
next after distress made ; and if there happen any overplus upon 
sale thereof, the same shall be paid to the owner or owners, rea- 
sonable charges being first deducted, and if such person or persons, 
so neglecting, or refusing, as aforesaid, shall not have goods or 
chattels, wherewith he or they may be distrained as aforesaid, then 
the said Justices may commit the offender or offenders to prison, 
there to remain without 

(125) 

bail or main-prize, till the said forfeiture shall be fully satisfied 
and paid. 

§ 12. If any overseer shall remove, he shall before his re- 
moval, deliver over to some other overseer of the township or 
place, from which he removes, all his books, papers, and other 
things concerning his office ; and upon the death of any overseer, 
his executors, or administrators, shall, within forty days after his 
decease, deliver over, all things concerning his office, to some other 
overseer as aforesaid. 

§ 13. All gifts, grants, devises, and bequests, hereafter to 
be made of any houses, lands, tenements, rents, goods, chattels, 
sum or sums of money, not exceeding in the whole, the yearly 
value of twelve hundred dollars, to the poor of any township, or 
to any other person or persons, for their use, by deed, or by the 
last will and testament of any person or persons, or otherwise 
howsoever ; shall be good and available in law, and shall pass such 
houses and lands, tenements, rents, goods and chattels, to the over- 
seers of the poor of such township, for the use of their poor 
respectively. 

§ 14. The overseers of the poor for the several townships 
for the time being, respectively, shall forever hereafter, in name 
and in fact, be, and they are hereby declared to be bodies politic 
and corporate, in law, to all intents and purposes, and shall have 
perpetual succession ; and may, by the name of the overseers of 
the poor of the said townships, sue, and be sued, and plead, and 
be impleaded, in all courts of judicature, and 



POOR RELIEF, 1807 



313 



( 126 ) 

by that name, shall and may purchase take or receive any lands, 
tenements or hereditaments, goods, chattels, sum or sums of 
money, not exceeding in the whole, including all gifts, grants, 
devises and bequests, heretofore made, the aforesaid yearly value 
of twelve hundred dollars, to and for the use and benefit of the 
poor of the respective townships, of the gift, alienation or devise 
of any person or persons whomsoever; to hold to them, the said 
overseers, and their successors, in the said trust, for the use of 
the said poor forever. 

§ 15. If any person who shall come to inhabit in any county 
or place within this Territory, shall, for himself, and on his own 
account, execute any public office, being legally placed therein, in 
the said county or place, during one whole year ; or if any person 
shall be charged with and pay his or her share of the public tax 
or levy of such county, for two years successively, or if any person 
shall really and bona fide, take a lease of any lands, or tenements 
in said county, or place of the yearly value of twenty five dollars, 
and shall dwell in or on the same for one whole year, and pay the 
said rent, or shall become seized of any freehold estate, in any 
lands or tenements in such county or place, and shall dwell in, and 
upon the same, for one whole year, such person in any of these 
cases, shall be adjudged and deemed to gain a legal settlement in 
the same county or place where such person shall so execute an 
office, be charged with, and pay taxes, take such lease or own any 
such freehold estate, and dwel- 

( 127 ) 

ing thereon, as aforesaid, or being hired or bound, shall continue 
and inhabit in a place for one whole year as aforesaid, every 
indented servant legally brought into this territory, shall obtain a 
legal settlement in the county or place, in which such servant shall 
have first served, with his or her master or mistress the space of 
sixty days, and if afterwards such servant shall duly serve, in any 
other place for the space of six months, such servant shall obtain 
a legal settlement, in the county or place, where such service was 



Qualifica- 
tions for a 
legal settle- 
ment. 

Exercising 
public office 
Paying taxes 



Leasing 
lands. 



On being a 
freeholder. 



Hiring and 
service. 



Being ap- 
prentices. 



314 ILLINOIS HISTORICAL COLLECTIONS 

last performed, either with his or her first master or mistress, or 

on assignment. 

As to marri- § 16. Every married woman shall be deemed during cover- 

widowT^" ture, and after her husbands death, to be legally settled in the 

place where he was last legally settled, but if he shall have no legal 

settlement, then she shall be deemed ; whether he is living or dead 

to be legally settled in the place where she was legally settled 

before the marriage. 

Concerning § 17. If any person or persons shall come out of the United 

gangers co- States into any county or place within this Territory, or shall 

townships. come out of any county or place within this Territory, into any 

other county or place thereof, there to inhabit and reside, and shall 

at the same time procure, bring and deliver unto the overseers of 

the poor, of the township or place where he, she or they, shall 

Certificates come to inhabit, a certificate under the hands and seals of the 

and their re- overseers of the poor of the county, township or place from 

valid. whence he, she or they removed, to be allowed by two or more 

credible witnesses, thereby ac- 

(128) 

knowledging, the person or persons mentioned in said certificate, 
to be inhabitant or inhabitants legally settled in that county, town- 
ship or place ; every such certificate having been allowed of and 
subscribed by one or more Justices of the peace of the proper 
county, where such county or township, shall oblige the said 
county, township or place, to provide for the persons mentioned 
in said certificate, together with his or her family, as inhabitants 
of that place, wherever he she or they happen to become charge- 
able, to, or be obliged to ask relief of the county township or place, 
to which such certificate was given, and into which he, she or they 
were received by virtue of the said certificate, and then and not 
before, it shall and may be lawful for any such person, and his, 
her, or their children, though born in the county, township or 
place, and his or her servants or apprentices, not having otherwise 
acquired a legal settlement there, to be removed, conveyed and 
settled, in the county, township or place from whence such certifi- 
cate was brought, and the witnesses who attest the execution of the 



POOR RELIEF, 1807 



315 



certificate by the overseers, or one of the witnesses, shall make 
oath or affirmation according to law, before the Justices who are 
to allow the same, that such witness or witnesses did see the over- 
seers of the poor whose names and seals are thereunto subscribed 
and set, severally sign and seal the said certificate; and that the 
names of each witness attesting the said certificate are of their 
own proper handwriting ; which said Justice shall also certify, that 
such oath or affirmation was made 

(129) 

before them, and every such certificate so allowed, and oath or 
affirmation of the execution thereof so certified, by the Justices, 
shall be taken and received as evidence without other proof 
thereof, and no person so coming by certificate into any county 
or place, nor an apprentice or servant to such person shall be 
deemed or adjudged by any law whatsoever, to have gained a 
legal settlement therein, unless such person shall after the date of 
such certificate, execute some public annual office, being legally 
placed therein in such county or place. 

§ 18. No person whomsoever, coming into any county or 
place without such certificate, as aforesaid, shall gain a legal settle- 
ment therin, unless such person shall give security if required, at 
his or her coming into the same, for indemnifying and discharging 
such county or place to be allowed by any one of the Justices of the 
peace respectivel3^ 

§ 19. Upon any complaint made by the overseers of the 
poor of the proper county or place, to any one or more of the 
Justices of the said county, wherein such township or place is 
situate, it shall and may be lawful to and for any two Justices of 
the said county, respectively, where any person or persons is or 
are likely to become chargeable to said county or place, where he, 
she or they shall come to inhabit, by their warrant or order, 
directed to the said overseers, to remove and convey such person 
or persons, to the county, township, place or state, where he, she 
or they was, or were, last legally settled, unless such person or 
persons shall give sufficient security to discharge and indemnify 



No legal set- 
tlement gai- 
ned by stran- 
gers without 
a certificate, 
unless secu- 
rity given &c 

Persons like- 
ly to become 
chargeable, 
how to be re- 
moved. 



316 



ILLINOIS HISTORICAL COLLECTIONS 



(130) 



Appeal on 
removals. 



Proceedings 
thereon. 



Against vex- 
atious remo- 
vals & frivo- 
lous appeals. 



Costs on ap- 
peals: 



How recov- 
erable. 



the said county or place, to which he, she or they, is, or are likely 
to become chargeable as aforesaid. 

§ 20. If any person or persons shall thiiik himself or them- 
selves aggrieved by any order of removal made by any of the 
said Justices, such person or persons may appeal to the next court 
of Common Pleas, for the county from whence such poor person 
shall be removed, and not elsewhere, which said court shall deter- 
mine the same ; and if there be any defects of form in such order, 
the said court shall cause the same to be certified and amended, 
without any costs to the party; and after such amendment shall 
proceed to hear the truth and merits of the cause, but no such 
order of removal shall be proceeded upon unless reasonable notice 
be given by the overseers of the township or place, appealing unto 
the overseers of the township or place, from which the removal 
shall be, the reasonableness of which notice shall be determined 
by the court to which the appeal is made, and if it shall appear to 
said court that reasonable time of notice was not given, then the 
appeal shall be adjourned to the next court, and there determine 
the same. 

§ 21. For the more effectual prevention of vexatious re- 
movals and frivolous appeals the court in term, upon any appeal 
concerning the settlement of any poor person, or upon any proof 
before them then to be made of notice of any such appeal to have 
been given by the proper officer to the overseers of any township 
or place (though they did not afterwards prosecute such appeal) 
shall 

( 131 ) 

at the same term, order the party in whose behalf such appeals 
shall be determined, or to whom such notice did appear to have 
been given, such costs and charges, as the said court shall think 
just and reasonable, to be paid by the overseers, or any other 
person against whom such appeal shall be determined, or by the 
person that did give such notice. 

And if the person ordered to pay such costs and charges, shall 
live out of the jurisdiction of said court, any Justice where 



POOR RELIEF, 1807 



317 



such person shall inhabit, shall, on request to him made, and a 
true copy of the order for payment of such costs and charges, 
certified under the hand of the Clerk of the court, by his warrant, 
cause the same to be levied by distress ; and if no such distress 
can be had, shall commit such person to the common jail, there to 
remain without bail or mainprize, until he pays the said costs 
and charges. 

§ 22. But if the said court, on such appeal, shall determine 
in favour of the appellant, that such poor person was unduly 
removed, the court shall at the same term, order and award to 
such appellant, so much money, as shall appear to the said court 
to have been reasonably paid by the county, township or place, 
on whose behalf such appeal was made, towards the relief of such 
poor person, between the time of such undue removal, and the 
determination of such appeal, with the costs aforesaid, the said 
money so awarded, and the costs to be recov- 

R 



On judg- 
ment for ap- 
pellants. 



Costs &c. 
thereon. 



( 132 ) 

ered in the same manner as the costs and charges awarded against 
an appellant, are to be recovered by virtue of this law as aforesaid. 
§ 23. If any house keeper, or inhabitant of the Territory, 
shall take into, receive or entertain in his or her house or houses, 
any person or persons whatsoever, not being persons who have 
gained a legal settlement in some county, township, or place within 
this Territory, and shall not give notice thereof in wrting to the 
proper overseers of the poor, within ten days, next siter so re- 
ceiving or entertaining such person or persons, such inhabitant, or 
house keeper, being thereof legally convicted, by the testimony 
of one credible witness on oath or affirmation, before any one 
Justice of the Peace of the county where such person dwells, shall 
forfeit and pay the sum of three dollars, for every such offence ; 
the one moiety to the use of the county, and the other moiety to 
the informer, to be levied on the goods and chattels of the delin- 
quents, in the manner hereinafter directed, and for want of suffi- 
cient distress, the offender to be committed to the work house of 



How recov- 
erable. 

Penalty on 
persons re- 
ceiving oth- 
ers not be- 
ing legally 
settled, with- 
out giving 
notice there- 
of overseers. 



How recov- 
erable. 



318 



ILLINOIS HISTORICAL COLLECTIONS 



Further pen- 
alty in case 
of paupers 
death. 



the township, or the jail of the said county, there to remain, with- 
out bail or mainprize, for the space of ten days. 

§ 24. And moreover, in case the person or persons, so enter- 
tained, or concealed, shall become poor, and unable to maintain 
him, or herself, or themselves, and cannot be removed to the place 
of his, or her, or their last legal settlement in any other state, if a- 

(133) 

ny such, he, she or they, have, or shall happen to die, and not 
have wherewith to defray the charges of his, her or their funeral, 
then, and in such case, the house keeper, or person convicted of 
entertaining, or concealing such poor person, against the tenor of 
this law, shall be obliged to provide for, and maintain such poor 
and indigent person or persons ; and in case of such poor persons 
death, shall pay the overseers of the poor, so much money as shall 
be expended on the burying of such poor and indigent person or 
persons, and upon refusal so to do it shall be lawful for the over- 
seers of the poor of said township, or place respectively, and they 
are hereby required to assess a sum of money, on the person or 
persons so convicted, from time to time by a weekly assessment 
for maintaining such poor and indigent person or persons, or 
assess a sum of money for defraying the charges of such poor 
persons funeral as the case may be ; and in case the party con- 
victed shall refuse to pay the sum of money so assessed or charged 
to the overseers of the poor for the uses aforesaid, the same shall 
be levied on the goods and chattels of the offender in the manner 
hereafter directed. But if such persons so convicted have no goods 
or chattels, to satisfy the sum so assessed for him or them to pay ; 
then the said Justices shall commit the offender to prison, there to 
remain without bail or main-prize, until he or they, shall have 
paid the same; or until he or they shall be discharged by due 
course of law. 

( 134 ) 

Overseers § 25. If any person be removed by virtue of this law, 

all poor law- frorfi one county, township or place to another, by warrant or 

fully remo- order under the hands and seals, of two Justices of the peace 

as aforesaid, the overseers of the poor of the township or 



How recov- 
erable. 



POOR RELIEF, 1807 319 

place, to which the said person shall be so removed, are here- 
by required to receive said person ; and if any of the said over- 
seers shall neglect or refuse so to do, he or they so offending. Penalty on 
upon proof thereof by one or more credible witnesses, upon 
oath or affirmation, before one or more of the Justices of the 
peace of the county where the offender doth reside, shall forfeit 
for every such offence the sum of twelve dollars, to the Sheriff 
for the use of the county, to be levied by distress, and sale of 
the offenders goods, by warrant under the hand and seal of How recov- 
the said Justice of the Peace, which he is hereby required and 
empowered to make, directed to the constable of the township, 
or place, where such offender or offenders dwell, returning 
the overplus, if any there be, to the owner or owners ; and 
for want of sufficient distress, then the offender to be com- 
mitted to the Jail of the county where he dwells, there to re- 
main without bail or main-prize, for the space of forty days. 

§ 26. If any poor person shall come to any township or Proceedings 
place within this territory, and shall happen to fall sick or Z,or"ofone 
die, before he or she have gained a legal settlement in the place sicken 
county or place, to which he or she shall come, so that such °!h ^^ ^^" 
person cannot be removed, the overseers of the poor of the 
town- 

(135) 

ship or place into which such person is come, or one of them, 
shall, as soon as coveniently may be, give notice to the over- 
seers of the poor of the township or place, where such person 
had last gained a legal settlement, or to one of them, of the 
name, circumstances and condition of such poor person ; and 
if the overseers of the poor to whom such notice shall be 
given, shall neglect or refuse to pay the monies expended for 
the use of such poor person, and to take order for relieving 
and maintaining such poor, or in case of his or her death before 
notice can be given as aforesaid ; shall on request being made Penalty on 
neglect or refuse to pay the monies expended in maintaining °]^^^^^ ^*' 
and burying such poor person, then, and in every such case 
it shall be lawful for any two Justices of the peace of the 



320 



ILLINOIS HISTORICAL COLLECTIONS 



How recov- 
erable. 



Appeal. 



Duties en- 
joined on fa- 
thers, moth- 
ers and chil- 
dren. 



Penalty on 
neglect. 
How rocov- 
erable. 

Men desert- 
ing their 
wives, and 
women their 
children, how 



county where such poor person was last legally settled, and 
they are hereby authorised and required upon complaint made 
to them, to cause all such sums of money as were necessarily 
expended for the maintenance of such poor person, during- the 
whole time of his or her sickness, and in case he or she dies, 
for his or her burial, by warrant under their hands and seals, 
to be directed to some constable of the county respectively, 
to be levied by distress, and sale of the goods and chattels of 
the said overseer or overseers of the poor, so neglecting or 
refusing to be paid to the overseer or overseers of the township 
or place, where such poor person happened to be sick, or to 
die, as aforesaid, and the overplus of the monies arising by 
the sale of such goods, 

(136) 

remaining in the constables hands, after the sum of money 
ordered to be paid, together with the costs of distress are satis- 
fied, shall be restored to the owner or owners of said goods ; 
if any of the said overseers shall think him, or themselves 
aggrieved by any sentence of such Justices, or by their refusal 
to make any order, as is aforesaid, he or they may appeal to 
the next court for the county where such Justices reside, and 
not elsewhere, which court is hereby authorised and required 
to hear, and finally determine the same, 

§ 27. The father and grand father, and mother and grand 
mother, and the children of every poor, old, blind, lame, and 
impotent person ; or other poor person, not able to work, being 
of sufficient ability, shall at their own charge, relieve and 
maintain every such poor person, as the court at their terms, 
for the county where such persons resides, shall order and 
direct, on pain of forfeiting the sum of five dollars, for every 
month they shall fail therein. 

§ 28. Whereas it sometimes happen that men separate 
themselves without reasonable cause from their wives, and 
desert their children, and women also desert their children, 
leaving them a charge upon the said county or place, aforesaid, 



POOR RELIEF, 1807 321 

although such person may have estates which should con- to be dealt 
tribute to the maintenance of such wives or children; it shall ^"^ 
and may be lawful for the overseers of the poor of the said 
township, or place, having first obtained a warrant or 

( 137 ) 

order from two Justices of said county or place, where such 
wife or children shall be so left or neglected ; to take and seize 
so much of the goods and chattels and receive so much of the 
annual rents, and profits of the lands and tenements of such 
husband, father or mother; as such, two Justices shall order 
and direct, for providing for such wife, and for maintaining 
and bringing up of such child or children; which warrant or 
order being confirmed at the next court of common Pleas for 
the county; it shall and may be lawful for the said court to 
make an order, for the overseers to dispose of such goods and 
chattels, by sale or otherwise, or so much of them for the pur- 
poses aforesaid, as the court shall think fit, and to receive the 
rents and profits, or so much of them as shall be ordered by 
the said court; of his or her lands and tenements, for the pur- 
poses aforesaid, and if no estate real or personal of such hus- 
band, father or mother, can be found, wherewith provision 
ma}'- be made, as aforesaid, it shall and may be lawful to, and 
for the said court for the county to order the payment of such 
sums as they shall think reasonable, for the maintenance of 
any wife or children, so neglected, and commit such husband, 
father or mother, to the common jail, there to remain until he 
or she comply with the said order, give security for the per- 
formace thereof, or be otherwise discharged by the said court; 
and on complaint made to any Justice of the peace in any county 
of any wife or children being so ne- 

(138) 

glected, such Justice shall take security from the husband, 
father or mother neglecting as aforesaid, for his or her ap- 
pearance at the next court, there to abide the determination 



322 



ILLINOIS HISTORICAL COLLECTIONS 



Fines, how 
recoverable. 



Appea s 
from Justi- 
ces to the 
court of C. 
P. except &c. 
Whose deci- 
sion to be 
final. 



Overseers of 
the poor how 
they may 
plead. 

Judgmt. for 
them, to re- 
cover double 
costs. 



of the said court, and for want of security to commit such 
person to jail. 

§ 29. The several fines, forfeitures and penalties, sum 
and sums of money, imposed or directed to be paid by this 
law, and not herein otherwise directed to be recovered, the 
same, and every of them, shall be levied and recovered by 
distress and sale of the goods and chattels of the delinquent, or 
offender by warrant under the hand and seal of any one Justice 
of the county, where the delinquent or offender dwells, or is to 
be found, and after satisfaction made of the respective for- 
feitures, fines, penalties, and sums of money, directed to be 
levied by such warrant as aforesaid, together with such legal 
charges as shall become due on the recovery thereof, the over- 
plus, if any, to be returned to the owner or owners of such 
goods and chattels, his or her executors or administrators. 

§ 30. And if any person or persons shall find him or 
themselves aggrieved with any judgment of the Justices, in 
pursuance of this act, such person or persons may appeal to 
the next court of common Pleas for the county where sentence 
was given, except in cases of removal, and cases of poor per- 
sons becoming chargeable in one place, who are legally settled 
in another, as is otherwise, provided by this law, whose de- 
cision in all such cases shall be conclusive. 

(139) 

§ 31. If any action shall be brought against any overseer, 
or other person, who, in his aid, and by his command, shall do 
any thing concerning his office, he may plead the general issue, 
and give this law, and any special matter in evidence, and if the 
plaintiff shall fail in his action, discontinue the same, or become 
nonsuit, he shall pay double costs. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



DIVORCE, 1807 



323 



CHAPTER XXIV. 

An Act declaring what Laws shall he in force. 

THE Common Law of England, all statutes or acts of the 
British Parliament, made in aid of the Common Law, prior to the 
fourth year of the reign of King James the first, (excepting the 
second section of the sixth Chapter of forty-third Elizabeth, the 
8th Chapter, thirteenth, Elizabeth, and 9th Chapter, thirty-seventh, 
Henry eighth,) 

s 

(140) 

and which are of a general nature, not local to that kingdom ; and 
also the several laws in force in this Territory, shall be the rule of 
decision, and shall be considered, as of full force, until repealed 
by legislative authority. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
' B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXV. 

An Act respecting Divorce. 

§ 1. DIVORCES from the banns of Matrimony shall be 
decreed where either of the parties had a former wife or husband 
alive, at the time of solemnising the second Marriage, or for im- 
potency, or adultery in either of the parties. 

§ 2. Divorce from bed and board shall be granted for the 
cause of extreme cruelty in either of the parties. 

§ 3. Whenever a divorce shall be decreed, on cause of 
aggression from the husband, the woman, if no issue of the Mar- 
riage be living at the time of the divorce, 

(141) 

shall be restored to all her lands, tenements and hereditaments, and 
be allowed out of the man's personal estate, such alimony as the 



The com- 
mon law, 
British acts 
prior to 4th 
James, ex- 
cept &c. and 
laws of the 
territoryshall 
be the rules 
of decision. 



Causes for 
divorces 
from the 
banns of ma- 
trimony. 

From bed & 
board. 

Wifes ali- 
mony, when 
& how to be 
allowed in 
case divorce 
decreed on 
aggression of 
liie husband. 



324 



ILLINOIS HISTORICAL COLLECTIONS 



In case of 
aggression of 
the wife. 



Distribution 
of the chil- 
dren. 

What courts 
have cogni- 
zance herein 



Oath of hus- 
band if re- 
quired. 

Proceedings 
in case of di- 
vorce. 



court may think reasonable, having regard to the personal property 
that came to him by the Marriage, and his ability; but if there 
be issue living at the time of the divorce, then the court, in re- 
gard to ordering restoration, or granting alimony, may do as cir- 
cumstances may seem to require, and, on application from either 
party, may, from time to time, make, at their discretion, such 
alterations therein as may be necessary. 

§ 4. If the divorce arise from the cause of aggression, of 
the wife, whether there be living issue or not, of the Marriage, 
the court may order to her the restoration of the whole, or part, 
or no part, of her lands, tenements and hereditaments, and may 
assign such alimony, as shall be thought proper, and may also 
make such distribution between the parties of their children (if 
any) as the court shall think proper. 

§ 5. The General court, and the Circuit courts, shall have 
the sole cognizance of all divorces applied for, or made, and the 
Judges thereof may use such kind of process to carry their judg- 
ment into effect, as to them shall seem expedient. Whenever they 
may think it proper, they may compel the husband to disclose on 
oath, what personal estate he hath received in right of his wife, 
how the same hath been disposed of, and what proportion of it 
remained in his hands at the time of the divorce. 

§ 6. No cause of divorce, or alimony, shall be brought be- 
fore the same courts, un- 

(142) 

less the party suing, or complaining, shall file his or her libel in 
the proper Clerks office, specially setting forth therein, the cause 
of his or her complaint, and shall cause the other party, if in this 
Territory, to be served with an attested copy thereof, and with a 
summons commanding him or her to appear at the court where 
the cause is to be heard, fourteen days at the least before the 
sitting of the said court, otherwise in such manner as the court 
shall direct. And where the party libelled shall not be within the 
limits of this Territory, then such summons shall be published at 



HORSES, 1807 



325 



least once a week in some public newspaper in this Territory, 
nearest to the usual residence of the parties, for at least eight 
weeks. The said courts shall have all the powers necessary, to 
the conducting and finally determing such causes, according to the 
true intent of this law. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

( 143 ) 

CHAPTER XXVI. 

An act for improving the breed of Horses. 

§1. IT shall and may be lawful for any person or persons, 
to take up, and cut or geld, at the risk of the owner, any stone 
horse of the age of twelve months and upwards, that may be 
found running at large, out of the enclosed ground of the owner 
or keeper, and if the said horse should happen to die, he shall 
have no recourse against the person or persons who shall have so 
taken up or gelded the said horse ; and the owner of the said 
horse shall moreover pay to the person who has so taken up and 
cut or gelded the said horse or caused it to be done, the sum of 
three dollars, to be recovered before any Justice of the Peace of 
the county. 

§ 2. It shall not be lawful for any person to cut, or geld 
any horse above fourteen and one half hands high, that is known 
to be kept for covering mares ; but if any owner or keeper of a 
covering horse, shall wilfully or negligently suffer said horse to 
run at large, out of the enclosed lands of the owner or keeper, 
any person may take up said horse and carry him to his owner 
or keeper, for which he shall receive two dollars, recoverable 
before any Justice of the Peace of the county; for a second 
offence double the sum, and for a third offence the 



Further pow 
ers of the 
court. 



Stone horses 
above a year 
old, running 
at large to 
be taken up 
& cut or 
gelded. 
Horse dying 
loss of own- 
er. 

Who shall 
pay for cut- 
ting 3 dolls. 
How recov- 
erable. 

Provision in 
favor of stud 
horses above 
145^ hands 
high running 
at large, & 
proceedings 
in such ca- 



326 



ILLINOIS HISTORICAL COLLECTIONS 



Two justices 
may enquire 
by jury, and 
order restitu- 
tion of lands 
&c. unlaw- 
fully with- 
held. 



Justices on a 
written com- 
plaint of un- 
lawful detai- 
ner of lands, 
&c. how to 
proceed. 
Warrant to 
impannel a 
jury of free- 
holders. 



(144) 

said horse may be taken and cut or gelded, as is provided in the 
first section hereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council, 
Approved — Septemt^r 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXVII. 

An act against forcible entry and detainer. 

§ 1. TWO Justices of the peace shall have authority to 
enquire by jury, as is hereinafter directed, as well against those 
who make unlawful and forcible entry, into lands or tenements, 
and with a strong hand detain the same, as against those who 
having lawful and peaceable entry into lands or tenements, unlaw- 
fully and by force hold the same; and if it be found upon such 
enquiry that an unlawful and forcible entry hath been made, and 
that the same lands or tenements are held and detained with force 
and strong hands, or that the same after a lawful entry, are held 
unlawfully and with force and strong hand, then such Justices 
shall cause the party complaining to have restitution thereof. 

§ 2. When complaint shall be formally made in writing to 
any two Justices of the 

(145) 

Peace of any unlawful and forcible entry into any lands or 
tenements and detainer as aforesaid, or if any unlawful and 
forcible detainer of the same after a peaceable entry, they 
shall make out their warrant under their hands and seals, 
directed to the Sheriff (or as the case may be) the Coroner 
of the same county, commanding him to cause to come before 
them, twelve good and lawful men of the same county, each 
one of whom having freehold lands or tenements, and they 
shall be impannelled to enquire into the entry, or forcible 



FORCIBLE ENTRY AND DETAINER, 1807 327 

detainer complained of, which warrant shall be in the form Form of the 
following, mutatis mutandis. 

H. Sc. 

AB, and CD, esquires two of the Justices assigned to keep 
the peace within and for the said county, to the of H, 

greeting: whereas complaint is made to us by E F, of in 

the county aforesaid that G H, of yeoman upon 

the day of at aforesaid with force and arms, 

and with a strong hand, did unlawfully and forcibly enter 
into and upon a tract of land of him, the said E F, in 
aforesaid containing acres, bounded as follows, viz. 

[or into the messuage and tenement of him, the said E F, as 
the case may be] and him the said E F, with force and a strong 
hand, as aforesaid, did expel and unlawfully put out of the 
possession of the same [for if it is a forcicle detainer only, 
then the entry shall be described, and the detainer inserted as 
follows] and the said E F, does ulawfully, unjusty, and with 
a strong hand deforce 

(146) 

and still keep out of the possession of the same; you are 
therefore commanded on behalf of the United States, to cause 
to come before us upon the day of at the in 

the said county, twelve good and lawful men of your county, 
each one of whom being a freeholder, to be impannelled and 
sworn to enquire into the forcible entry, and detaier, [or for 
the detainer only] before described; given under our hands and 
seals the day of in the year 

A B, ) Justices of the 
C D. ) Peace. 

§ 3. And the said Justices shall make out their summons 
to the party complained against, in the form following: 

Sc. 

L. S.) 

L. S.) 

A B, and C D, two of the Justices assigned to keep the Form of the 
peace, within and for said county of to the of the^^ix^ ° 



328 ILLINOIS HISTORICAL COLLECTIONS 

complained greeting: Summons G H, of to appear before us 

° ' at in the said county at o'clock in the noon then 

and there to answer to and defend, against the complaint of 

E F, to us exhibited, wherein he complains that [here the complaint 
shall be recited] and you are to make to us a return of this 
summons with your proceedings therein, on or before the said 
day. Witness our hands and seals the day of in 

the year of 

C D.' ) J^'^^""'- 

( 147 ) 

Summonses Which summons shall be served upon the party com- 

how to be plained against, or a copy thereof left at his usual place of 
abode, seven days exclusively, before the day appointed by 
the Justices for the trial ; and if after the service of such sum- 
mons, the party do not appear to defend, the Justices shall 
proceed to the enquiry in the same manner as if he were pres- 
ent, and when the jury shall appear, the Justices shall lay 
before the jury the exhibited complaint, and shall administer 
the following oath to them, viz. 

FOREMAN'S OATH. 

Jurors oath ^^on as foreman of this jury do solemnly swear (or 

affirm) that you will well and truly try whether the com- 
plaint of E F, now laid before you is true, according to your 
evidence, so help you God, [if swearing.] 

THE OTHER lURORS 
OATH, viz. 

The same oath [or affirmation] that your foreman hath 

taken on his part, you, and every of you shall well and truly 

observe, and keep, so help you God. And if the jury shall find 

Form of the ^^^^ same true, then they shall return their verdict in form 

verdict. following. 

At a court of enquiry held before A B, and C D, esquires, 
two Justices assigned to keep the peace, within and for the 



FORCIBLE ENTRY AND DETAINER, 1807 329 

county of H at in the said county of H upon 

the day of in 



(148) 

the year the jury upon their oaths do find that the 

lands or tenements in aforesaid, bounded or described 

as follows [as in the complaint] upon the day 

of in the year were in the lawful and 

rightful possession of the said E F, and that the said G H, 
did upon the same day, unlawfully with force and arms, and 
with a strong hand, enter forcibly upon the same; or being 
lawfully upon the same, did unlawfully with force and strong 
hands, expel and drive out the said E F, and that he doth 
still continue wrongfully to detain the possession from him, 
the said E F, wherefore the jury find upon their oath or 
affirmation, as aforesaid, that the said E F, ought to have 
restitution thereof without delay. 

If by accident or challenge, there shall happen not to be a Where pan- 
full jury, the sheriff shall fill the pannel by tales, as in other pj^^g ^^^^ ^^, 
cases; and if the jury after a full hearing of the cause, shall be filled by a; 
find the complaint laid before them supported by evidence, AJMurors tc 
they shall all sign their verdict in form aforesaid, otherwise sign verdict 
the defendant shall be allowed his legal costs, and have his i{^nt°othe^'^^ 
execution thereof. wise costs to 

If the jury shall return their verdict signed by the whole On vCT^ct 
pannel, that the complaint is supported, the justices shall enter for complai- 
up judgment for the complainant to have restitution of the ^^"Vt* fa- 
premises ; and shall award their writ of restitution accordingly, entered up & 
and no appeal shall be allowed from the judgment of the t^^^ ^^^~ 
Justices. No appeal 



(149) 



from justices 
judgment. 



4. Provided nevertheless. That the proceeding may be re- Appeal by 



moved by Certiorari into General court or Circuit court, holden in 
such county, and be there quashed for irregularity, if any such 



Certiorari. 



330 



ILLINOIS HISTORICAL COLLECTIONS 



Form of 
writ of resti- 
tution. 



there may be, nor shall such judgment be a bar to any after 
action brought by either party; which writ of restitution shall 
be in form following; 

H Sc. 

L. S. ) 
L. S. ) 

A B and C D, two of the Justices assigned to keep the 
Peace in, and for the said county, to the of H 

greeting: 

Whereas at a court of enquiry, of forcible entry and de- 
tainer, held before us at in the said county 
of upon the day of 
in the year the jurors empannelled 
and sworn according to law did return their verdict in writing 
signed by each of them, that E F, was upon the 
day of in the rightful possession 
of a certain messuage or tract of land, [as in the verdict re- 
turned] and that &c. [as in the verdict] whereupon it was 
considered by us, that the said E F, should have restitution 
of the same : We therefore require you that taking with you 
the force of the county, if necessary; you cause the said G H, 
to be forthwith removed from the premises, and the said E F, 
to have the peaceable restitution of the same, and also that 
you levy of the goods, chattels, 

(150) 

or lands of the said G H, the sum of being costs 

taxed against him on the trial aforesaid, together with 
more for this writ, and your own fees, and for want of such 
goods, chattels or lands, of the said G H, by you found, you 
are commanded to take the body of the said G H, and him 
commit to the common jail of the said county, there to remain 
until he shall pay the sum aforesaid, together with all fees 
arising on the service of this writ, or until he be delivered by 
due course of law, and make return of this writ with your 
procedings : Witness our hands and seals at 



EJECTMENT, 1807 331 

aforesaid the day of 

in the year 

A B, ) ^ . 

C D, ) J^'^^'^'- 

Provided nevertheless, That this law shall not extend unto Priviso. 

any person who hath had the occupation, or been in the quiet 

possession of any lands or tenements by the space of three ^® *° three 
,, , ,- ,, ,. years quiet 

whole years together, next before, and whose estate therein possession. 

is not ended or determined. 

JESSE B. THOMAS, 

Speaker of the House of Representatives. 

B. CHAMBERS, 

President of the Council 

Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(151) 

CHAPTER XXVIH. 

An Act as to proceedings in Ejectment, Distress for Rent, and 
Tenants at will, holding over. 

§ WHERE any goods or chattels shall be distrained 

for any rent reserved and due, upon any demise, lease, or con- Distress for 

tract whatsoever, and the tenant, or owner of the goods so made. 

distrained, shall not (within five days, next after such distress 

taken, and notice thereof, with the cause of such taking, left Owner of _ 
. ^1 1 11- 1 ,1 , • 1 .1 goods distrai- 

at the dwelling house, or other most notorious place on the g<j^ when to 

premises, charged with the rent distrained for) replevy the replevy, 
same, with sufficient security, to be given to the Sheriff ac- 
cording to law, that then, and in such case, after such distress 
and notice, as aforesaid, and expiration of the said five days, 
the person distraining, or his agent duly authorised, shall, and 
may, with the Sheriff, under Sheriff, or any constable in the 
county, where such distress shall be taken (who are hereby 
required to be aiding and assisting therein) cause the goods 
and chattels so distrained, to be appraised by two reputable Otherwise 
freeholders, who shall have and receive for their trouble the ^^ appraised. 



332 



ILLINOIS HISTORICAL COLLECTIONS 



Appraisers 
fees. 

Oath. 



when distress 
may be sold. 



Penalty on 
rescues of 
goods distrai- 
ned. 



And how re- 
coverable. 



Distraining 
for rent, 
when none 
due, subjects 
distrainor to 
forfeit dou- 
ble value & 
costs. 



sum of fifty cents per diem each, and in the proportion for a 
longer, or shorter time, and shall first take the following oath 
or affirmation ; 

"I, A B, will well and truly, according to the best of my 
understanding, appraise the goods and chattels of C D, dis- 
trained on for rent, by E F," 

Which oath or affirmation, such Sheriff, 

(152) 

under Sheriff, or Constable, is hereby empowered and re- 
quired to administer; and after such appraisement, shall, and 
may, after six days public notice, lawfully sell the goods and 
chattels so distrained, for the best price that can be gotten 
for the same, for, and towards satisfaction of the rent for 
which the said goods and chattels shall be distrained, and of 
the charges of such distress, appraisement and sale, leaving 
the overplus, if any, in the hands of the said Sheriff, under 
Sheriff, or Constable, for the owners use, 

§ 2. Upon any pound breach, or rescous of goods or 
chattels distrained for rent, the person or persons grieved 
thereby, shall in a special action upon the case, for the wrong 
thereby sustained, recover his, her, or their, treble damages, 
and costs of suit, against the offender or offenders, in such 
rescous, or pound breach, any, or either of them, or against the 
owner or owners of the goods distrained, in case the same be 
afterwards found to have come to his or their use, or pos- 
session. 

§ 3. Provided, That in case any distress and sale shall be 
made by virtue of this act, for rent pretended to be in arrear, 
and due, when in truth no rent shall appear to be in arrear, 
or due, to the person or persons distraining, or to him, or them, 
or in whose name or names, or right, such distress shall be 
taken as aforesaid, then the owner of such goods and chattels, 
distrained and sold, as aforesaid, his executors or adminis- 
trators shall, and may, by action of trespass, or upon the case, 
to be brought against the person 



EJECTMENT, 1807 



333 



(153) 



or persons so distraining, any, or either of them, his, or their execu- 
tors, or administrators, recover double the value of the goods 
or chattels, so distrained and sold, together with full costs of 
suit. 

§ 4. The goods and chattels, lying or being in or upon 
any messuage, lands or tenements, which are, or shall be 
leased, for life, or lives, term of years, or otherwise, taken by 
virtue of any execution, shall be liable to the payment of all 
such sum or sums of money, as are, or shall be due for rent 
for the premises, at the time of taking such goods and chattels 
by virtue of such execution, and the said Sheriff shall, after 
sale of the said goods and chattels, pay to the landlord, or 
other person empowered to receive the same, such rent so due, 
if so much shall be in his hands, and if not, so much as shall 
be in his hands, and apply the overplus, thereof, if any, towards 
satisfying the debt and costs, in such execution mentioned : 
Provided always, That the said rent so to be paid to the landlord, 
shall not exceed one years rent. 

§ 5. In case any lessee, or tenant for life, or lives, term 
of years, at will, or otherwise, of any messuage, lands or tene- 
ments, upon the demise whereof any rents, are, or shall be re- 
served or made payable, shall fraudulently or clandestinely 
convey, or carry off from such demised premises, his goods or 
chattels, with intent to prevent the landlord or lessor from 
distraining the same, for arrears of such rent, so reserved as 
aforesaid, it shall and may be lawful to, and for such lessor, 
or landlord, or any other person or 

(154) 

persons, by him for that purpose, lawfully empowered, within 
the space of thirty days, next ensuing such conveying away, 
or carrying off such goods or chattels, as aforesaid, to take 
and seize such goods and chattels wherever the same may 
be found, as a distress for the said arrears of such rent, and 
the same to sell, or otherwise dispose of, in such manner as if 



In case of ex- 
ecution, rent 
due to be first 
paid out of 
goods distra- 
ined. 



Sheriff topay 
it over to 
landlord. 



But not ex- 
ceeding one 
years rent. 



Tenant clan- 
destinely re- 
moving his 
goods, land- 
lord may dis- 
train them, 
wherever 
found within 
30 days. 



334 



ILLINOIS HISTORICAL COLLECTIONS 



Provided 
such goods 
were not bo- 
na fide sold 
to another 
not privy to 
the fraud. 



Power to 
landlord or 
lessor to dis- 
train cattle, 
stock, com, 
&c. 



With liberty 
of ingross, e- 
gn*oss & re- 
gross to re- 
pair fences & 
perfect the 
crop &c. 



Tenant con 
cealing de- 



the said goods and chattels had actually been distrained by 
such lessor, or landlord, in, or upon such demised premises, 
for such arrears of rent, any law, custom, or usage, to the con- 
trary notwithstanding. 

§ 6, Provided nevertheless, That nothing herein contained, 
shall extend, or be deemed or construed to extend to empower 
such lessor, or landlord, to take or seize any such goods or 
chattels, as a distress for arrears of rent, which shall be 
bona fide, and for a valuable consideration, sold before such 
seizure made, to any person or persons not privy to such fraud 
as aforesaid, any thing herein to the contrary notwithstanding, 

§ 7. It shall and may be lawful, to, and for every lessor, 
or landlord, lessors, or landlords, or her, or their bailiffs, re- 
ceivers, or other person or persons empowered by him, her, 
or them, to take and seize, as a distress for arrears of rent, any 
cattle, or stock of their respective tenant, or tenants, feeding 
or pasturing upon all or any part of the premises, demised or 
holden, and also to take and seize all sorts of corn, and grass, 
hops, roots, fruits, pulse, or other product whatsoever, which 
shall be growing on any part of the estate, or estates, 

(155) 

so demised or holden, as a distress for arrears of rent ; and to 
appraise, sell, or otherwise dispose of the same, towards satis- 
faction of the rent for which such distress shall have been 
taken, and of the charges of such distress, appraisement and 
sale, in the same manner as other goods and chattels, may be 
seized, distrained and disposed of; and the purchaser of any 
such corn, grass, hops, roots, fruits, pulse or other product, 
shall have free ingress, egress, and regress, to, and from the 
same, where growing, to repair the fences from time to time, 
and when ripe, to cut, gather, make, cure, and lay up, and 
thrash, and after to carry the same away, in the same manner 
as the tenant might legally have done, had such distress never 
been made, 

§ 8. Whereas great inconveniencies may frequently hap- 
pen to landlords by their tenants secreting declarations in 



EJECTMENT, 1807 



335 



ejectments, which may be delivered to them, or by refusing to claration in 
appear to such ejectment, or to suffer their landlords to take forfdt^^two ° 
upon them the defence thereof, every tenant therefore to whom years rent. 
any declaration in ejectment shall be delivered for any lands, 
tenements, or hereditaments, within the Territory, shall forth- 
with give notice thereof to his or her landlord, or landlords, 
or his or their bailiffs, receivers, agent, or attorney, under 
penalty of forfeiting the value of two years rent, of the prem- 
ises so demised or holden in possession of such tenant, to the 
person of whom he or she holds, to be recovered by action of 
debt, to be brought in any court where the 

U 



(156) 

same may be cognizable, wherein no essoin, protection, or 
wager of law shall be allowed, nor any more than one im- 
parlance. 

§ 9. It shall and may be lawful for the court where such 
ejectment shall be brought to suffer the landlord or landlords 
to make him, her or themselves defendant, or defendants, by 
joining with the tenant or tenants, to whom such declaration 
in ejectment shall be delivered, in case he, or they shall ap- 
pear, but in case such tenant, or tenants, shall refuse or neglect 
to appear, judgment shall be signed against the casual ejector, 
for want of such appearance ; but if the landlord, or landlords 
of any part of the lands, tenements, or hereditaments, for 
which such ejectment was brought, shall desire to appear by 
himself, or themselves, and consent to enter into the like rule, 
that by the course of the court, the tenant in possession, in case 
he, or she, had appeared, ought to have done, then the court, 
where such ejectment shall be brought, shall and may permit 
such landlords so to do, and order a stay of execution upon 
such judgment against the casual ejector, until they shall make 
further order therein. 

§ 10. Whereas great difficulties often arise in making 
avowries or connuzance upon distress for rent, it shall and 



Court may 
suffer land- 
lord to be- 
come defen- 
dant in e- 
jectment. 

On non ap- 
pearance of 
tenant, judg- 
ment to go 
against the 
casual ejec- 
tor. 



But landlord 
may appeal 
by himself or 
attorney and 
enterter into 
rule, &c. 
Whereupon 
stay of exe- 
cution &c. 

Defendants 
in replevin 



336 



ILLINOIS HISTORICAL COLLECTIONS 



may vow & 
make con- 
veyance gen- 
erally. 



If plaintiff be 
nonsuit, dis- 
continues or 
loose the 
cause, he for- 
feits double 
costs. 

Sheriff &c. 
serving reple 
vins, to take 
pltffs. bond 
with security 
to prosecute 
with effect. 



Sheriff may 
assign bond, 
and how. 



may be lawful for all defendants, in replevin, to avow or make 
connuzance generally, that the plaintiff in replevin, or other 
tenant of the lands and tenements, whereon such distress was 
made, enjoyed the same under a grant or demise, at such a 
certain rent or service, during the time wherein the rent or 
service dis- 

(157) 

trained for incurred, which rent or service, was then, and still 
remains due, without further setting forth the grant, tenure, 
demise or title of such landlord or landlords, lessor or lessors, 
any law or usage to the contrary, notwithstanding, and if the 
plaintiff or plaintiffs, in such action shall become non-suit, 
discontinue his, her or their action, or have a judgment given 
against him, her or them, the defendant or defendants, in such 
replevin, shall recover double costs of suit. 

§ 11. And to prevent vexatious replevins, or distresses 
taken for rent, all Sheriffs, and other officers, having authority 
to serve replevins, may, and shall, in every replevin of a dis- 
tress, for rent take in their own names, from the plaintiff, and 
one reasonable person as surety, a bond in double the value 
of the goods distrained, such value to be ascertained by the 
oath or affirmation, of one or more credible person or persons, 
not interested in the goods or distress ; and which oath or 
affirmation, the person serving such replevin, is hereby author- 
ised and required to administer, and conditioned for prosecu- 
ting the suit with effect, and without delay, and for duly re- 
turning the goods and chattels distrained, in case a return 
shall be awarded, before any deliverance be made of the dis- 
tress, and such Sheriff, or other officer, as aforesaid, taking 
any such bond, shall, at the request and costs of the avowant, 
or person making connuzance, assign such bond to the avow- 
ant, or person aforesaid, by endorsing the same, and attesting 
it under his hand and seal, in the presence of two credible 
witnesses. And if the bond 



EJECTMENT, 1807 



337 



(158) 

so taken and assigned, be forfeited, the avowant or person 
making connuzance, may bring an action and recover there- 
upon in his own name, and the court where such action shall 
be brought, may by a rule of the same court give such relief 
to the parties upon such bond, as may be agreeable to justice 
and reason, and such rules shall have the nature and effect 
of a defeazance to such bond. 

§ 12. Where any person or persons, have leased or de- 
mised any lands or tenements, to any person ar persons, for a 
term of one, or more years, or at will, paying certain rents, 
he or they, or his or their assigns, shall be desirous, upon the 
determination of the lease, to have again, and repossess, his, 
or their estate, so demised, and for that purpose shall demand 
and require, his or their lessee, or tenant, to remove from, and 
leave the same, if the lessee or tenant, shall refuse to comply 
therewith, in three months after such request to him made, it 
shall and may be lawful to, and for such lessor, or lessors, his 
or their heirs and assigns, to complain thereof, to any two 
Justices of the Peace, in the county where the demised prem- 
ises are situate, and upon due proof made before the said 
Justices, that the said lessor or lessors, had been quietly and 
peaceably possessed of the lands or tenements, so demanded 
to be delivered up, that he or they demised the same under cer- 
tain rents, to the tenant in possession, or some person or per- 
sons under whom such tenant claims, or came in possession, 
and that the term for which the same was demised, is fully 
ended, then and in such case it shall and may be 



Avowant 
may thereup 
on sue & re- 
cover in his 
own name. 
At discretion 
court may by 
rule give re- 
lief to par- 
ties to the 
bond. 

Proceedings 
against ten- 
ants refusing 
to quit at the 
end of their 
term. 



Two justices 
of the peace 
to have cog- 
nizance in 
such cases & 
how. 



( 159 ) 

lawful for the said two Justices, to whom complaint shall be 

made as aforesaid, and they are hereby enjoined and required, 

forthwith to issue their warrant directed to the Sheriff of the 

county, thereby commanding the Sheriff to summons twelve 

freeholders to appear before the said Justices within four sheriff to sum 

mon 12 free 
holders. 



Their power 
& duty and 
warrant to 



338 



ILLINOIS HISTORICAL COLLECTIONS 



Also lessee 
or tenant &c 
to appear & 
shew cause. 



Further pro- 
ceedings be- 
fore the jus- 
tices & jury. 



Justices to 
make record. 



Jury to assess 
damages. 



Judgement 
thereupon 
for damages 
and costs. 



days, next after issuing such warrant, and also to summons 
the lessee or tenant, or other person claiming or coming- into 
possession under the said lessee or tenant, at the same time to 
appear before them the said Justices, and free holders to shew 
cause if any he has, why restitution of the possession of the 
demised premises should not be forthwith made, to such 
lessor or lessors, his or their heirs or assigns; and if upon 
hearing the parties, or in case the tenant or other person 
claiming, or coming into possession under the said lessee or 
tenant, neglect to appear, after being summoned as aforesaid, 
it shall appear to the said Justices and freeholders, that the 
lessor or lessors, had been possessed of the lands or tene- 
ments, in question, that he or they had demised the same for 
a term of years, or at will to the person in possession, or some 
other under whom he or she claims, or came into possession 
at a certain yearly, or other rent, and that the term is fully 
ended; that demand had been made of the lessee, or other 
person, in possession, as aforesaid, to leave the premises three 
months before such application to the said Justices, then, and 
in every such case, it shall and may be lawful, for the said two Jus- 
tices to make a record of such finding, by them the 

(160) 

said Justices and freeholders, and the said freeholders shall 
assess such damages as they think right, against the tenant or 
other person in possession as aforesaid, for the unjust de- 
tention of the demised premises, for which damages and 
reasonable costs, judgment shall be entered by the said Jus- 
tices, and shall be final and conclusive to the parties, and upon 
which the said Justices shall, and they are hereby enjoined 
and required to issue their warants under their hands and 
seals, directed to the Sheriff of the county, commanding him 
forthwith to deliver to the lessor or lessors, his or their heirs 
or assigns, full possession of the demised premises, aforesaid, 
and to levy the costs taxed by the Justices, and damages, so 
by the freeholders, aforesaid, assessed, of the goods and chat- 
tels of the lessee or tenant, or other persons in possession, as 



EJECTMENT, 1807 339 

aforesaid; any law, custom or usage to the contrar}-, notwith- 
standing-. 

5 13. Provided nevertheless, That if the tenant shall When title 
alledge, that the title to the lands and tenements in question, lessee or^ten- 
is disputed and claimed by some other person or persons, ant. 
whom he shall name in virtue of a right or title, accrued or 
happening since the commencement of the lease, so as afore- 
said made to him, by descent, deed, or from, or under the last 
will of the lessor, and if thereupon, the person so claiming, 
shall forthwith or upon summons, immediately to be issued by 
the said Justices, returnable before them in six days next fol- Proceedings 
lowing, appear, and on oath or affirmation, to be by the said 
Justices administered, declare that he 

(161) 

verily believes that he is entitled to the premises in dispute, 

and shall with one or more sufficient sureties, become bound Claimant to 

by recognizance, in the sum of two hundred dollars, to the ^^^® nte his 

lessor or lessors, his or their heirs or assigns, to prosecute his claim at the 

claim at the next court of Common Pleas, to be held for the ^f^ «>urt 
county where the said lands and tenements shall be, then, and 
in such case, and not otherwise, the said Justices shall for- 
bear to give the said judgment. 

§ 14. Provided also. That if the said claims shall not be But if the 

prosecuted according to the true intent and meaning of the said go^^^secuted 

recognizance, it shall be forfeited to the use of the lessor or bond to be 

landlord, and the Justices aforesaid shall proceed to give judg- j^stke to pro 

ment, and cause the lands and tenements aforesaid, to be de- ceed to judg 

livered to him, in the manner herein before enjoined and ^^gssio^oF 

directed. lands &c. to 

§ 15. It shall and may be lawful for any person or per- deivere . 

sons, having any rent in arrear, or due upon lease, for life, or Landlords 
1- r -li 1 i 1 "isy distram 

lives, or for one or more years, or at will, ended or deter- for rent in 

mined, to distrain for such arrears after the determination of an-ear after 
, . , . , . , ... lease ended, 

the said respective leases, in the same manner as they might Provided les- 

have done, if such lease or leases had not been ended or de- sors title 

termined: Provided, That such distress be made during the con- 



340 



ILLINOIS HISTORICAL COLLECTIONS 



( 162 ) 

tinuance of such lessor's title or interest. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



Attomies & 
counsellors 
how admit- 
ted 



Entitled to 
legal fees. 



Applicant to 
produce cer- 
tificate of 
good moral 
character. 

Clk. of the 
G. C. to keep 
a roll of all 
licensed at- 
tornies and 



CHAPTER XXIX. 

An Act regulating the admission, and practice of Attomies and 
Counsellors at Law. 

§ 1. NO person shall be permitted to practice as an Attor- 
ney or Counsellor at Law, or to commence, conduct, or defend 
any action, suit or plaint, in which he is not a party concerned, in 
any court of record within this Territory, either by using, or sub- 
scribing his own name, or the name of any other person, without 
having previously obtained a license for that purpose from any 
two of the Judges of the General Court, which license shall con- 
stitute the person receiving the same, an Attorney and Counsellor 
at Law, and shall authorise him to appear in all the courts of 
record within this Territory, and there to practice as an attorney 
and counsellor at law, according to the laws 

(163) 

and customs thereof, for, and during his good behavior in the said 
practice, and to demand and receive all such fees as are. or here- 
after may be established, for any service which he shall, or may 
do, as an attorney, and counsellor at law in the said Territory. 

§ 2. No person shall be entitled to receive a license as afore- 
said, until he hath obtained a certificate from the court of some 
county, of his good moral character. 

§ 3. It shall be the duty of the Clerk of the General court, 
to make and keep a roll or record, on parchment, stating at the 
head or commencement thereof, that the persons, whose names are 
thereon written, have been regularly licensed, and admitted to 
practice, as attornies and counsellors at law within this Territory, 



ATTORNEYS, 1807 



341 



and that they have duly taken the oath of allegeance to the United 
States, and also the oath of office, as prescribed by law ; which shall 
be certified and endorsed on the said license. 

§ 4. And no person whose name is not subscribed to, or 
written on, the said roll, with the day and year when the same was 
subscribed thereto, or written thereon, shall be suffered or ad- 
mitted to practice as an attorney, or counsellor at law, within the 
Territory, under the penalty hereinafter mentioned, any thing in 
this law contained, to the contrary notwithstanding; and the 
Judges of the General court, in open court, shall have power at 
their discretion, to strike the name of any attorney or counsellor 
at law, from the roll, for mal conduct in his office ; Provided always, 
That every 

W 

(164) 

attorney before his name is struck off the roll, shall recive a 
written notice from the Clerk of the General court, stating dis- 
tinctly the grounds of complaint, or the charges exhibited against 
him; and he shall after such notice, be heard in his defence, and 
be allowed reasonable time, to collect and prepare testimony for 
his justification. 

And every attorney whose name shall be at any time, struck 
off the roll, by order of the court, in manner aforesaid, shall be 
considered as though his name had never been written thereon, 
until such time as the said judges in open court, shall authorise 
him again to sign or subscribe the same. 

§ 5. The Judges of the General court, and the Judges of 
the several courts of Common Pleas, within the Territory, shall 
have power to punish in a summary way, according to the rules of 
law, and the usages of courts, any, and every attorney, or coun- 
sellor at law, who shall be guilty of any contempt in the execution 
of his office ; and every attorney and counsellor at law, receiving 
money for the use of his client, and refusing to pay the same 
when demanded, may be proceeded against in a summary way on 
motion. And all attornies, counsellors at law. Judges, Clerks, and 
Sheriffs, and all other officers of the several courts within the 



counsellorsat 
law. 



No persons 
suffered to 
practice 
whose name 
is not writ- 
ten on the 
rolL 

Judges in o- 
pen court 
may strike 
attorney or 
counsellor's 
name from 
the roll. 



Not after- 
wards to 
practice till 
restored. 



To be pun- 
ished for con 
tempt of 
court. 



How to be 
proceeded a- 
gainst for 
withholding 
money from 
clients. 



342 



ILLINOIS HISTORICAL COLLECTIONS 



What per- 
sons prohib- 
ited to prac- 
tice as attor- 
nies or coun- 
sellors. 



Officers of Territory, shall be liable to be arrested and held to bail, and shall 
to^arrest and ^^ subject to the same legal process, and may in all respects be 
held to bail, prosecuted, and proceeded against in the same courts, and in the 
same manner, as other persons are ; any law, usage, or 

(165) 

custom, or privilege to the contrary notwithstanding. 

§ 6. No person shall be permitted to practice as an attorney 
or counsellor at law, by instituting, conducting or defending, any 
action, suit, plea or plaint, in any court within the Territory, who 
is not a citizen thereof, or who holds a commission as a Judge, of 
any General or Supreme court, or court of Common Pleas, nor 
shall any person who holds a commission as a Justice of the Peace, 
Coroner or Sheriff, or who acts as a deputy Sheriff, jailor or 
Constable, within the Territory, be permitted to practice as an 
attorney or counsellor at law, in the county in which he is com- 
missioned or appointed, nor shall any Clerk of the General court, 
Circuit court or court of Common Pleas, be permitted to practice 
as an attorney or counsellor at law in the court of which he is 
Clerk ; Provided nevertheless, That nothing herein contained, shall 
prevent, any such attornies as may heretofore have obtained 
licenses to practice within this Territory, from continuing to prac- 
tice as such, notwithstanding they may not be residents thereof. 

And no person shall be permitted or suffered to enter his 
name on the roll or record to be kept, as aforesaid, by the Clerk 
of the General court, or do any official act appertaining to the 
office of an attorney or counsellor at law, until he hath taken an 
oath to support the constitution of the United States, and the 
person administering such oath, shall certify the same on the 
license, which certificate shall be a sufficient vou- 

(166) 

cher to the Clerk of the General court, to enter or insert, or permit 
to be entered or inserted on the roll of attornies and counsellors 
at law, the name of the person of whom such certificate is made. 
§ 7. The following oath of office shall be administered to 
every attorney and counsellor at law, before they subscribe the 
respective rolls ; to wit, "I swear (or affirm) that I will in all 



Proviso. 
In favor of 
attornies 
heretofore li- 
censed. 

Attornies &c 
to take the 
oath of alle- 
geance & of 
office. 



The same to 
be certified 
on the li- 
cense. 



Form of oath 
of offices 



ATTORNEYS, 1807 



343 



things faithfully execute the duties of an attorney at law (or 
counsellor at law, as the case may be) according to the best of 
my understanding and abilities." 

§ 8. Any person producing a license or other satisfactory 
voucher, proving that he hath been regularly admitted an attorney 
at law in any court of record within the United States, and that 
he is of a good moral character, may be admitted to an examina- 
tion, for the degree of an attorney and counsellor at law ; and any 
attorney or counsellor at law, residing in any of the United States, 
who is of a good moral character, may at any time, on application 
be admitted an examination for the degree of an attorney and 
counsellor at law within the Territory, 

§ 9. If any person or persons, not licensed as aforesaid, 
shall receive any money, or any species of property, as a fee, or 
compensation, for services rendered, or to be rendered by him, 
or them, as attorney, or attornies, counsellor, or counsellors at 
law, within the Territory, all money so received, shall be consid- 
ered as money received to the use of the person paying the same 

(167) 

and may be recovered back with costs of suit, by an action or 
actions for money had, and received; and all property delivered 
or conveyed for the purpose aforesaid, or the value thereof may 
be recovered back with costs of suit by the person conveying or 
delivering the same by action of Detinue or Trover and Conver- 
sion; and the person or persons receiving such money or property, 
shall forfeit threefold the amount or value thereof, to be recov- 
ered with costs of suit, before any magistrate, if within a magis- 
trates jurisdiction, but if not, in any court of record within the 
Territory, by action of debt or qui tam, the one half to the use 
of the person who shall sue for or recover the same, and the other 
half to the use of the county, in which such suit shall be brought. 
And if any person or persons shall sign, or cause to be signed, 
the name of an attorney, or either of the Judges of the General 
court, to any certificate or license, provided for by this law, with 
an intent to deceive, such person or persons, shall be deemed 
guilty of forgery, and shall be prosecuted and punished accord- 
ingly. 



Persons li- 
censed to 
practice law 
in any court 
of record 
in the U. S. 
may be ad- 
mited to 
practice in 
this territory 



Penalty on 
persons un- 
dertaking to 
practice law 
without a li- 
cense. 



Fraudulently 
signing the 
name of an 
attorney or 
judge to a 
license &c. 
deemed for- 
gery. 



344 



ILLINOIS HISTORICAL COLLECTIONS 



Parties may 
prosecute & 
desent in pro 
per person. 

Not to affect 
counsellors 
or attomies 
heretofore 
admitted. 



Fences of 
wood how to 
be made, & 
of what 
height to be 
sufficient in 
law. 



§ 10. Plaintiffs shall have the liberty of prosecuting, and 
defendants shall have the privilege of defending, in their proper 
persons, and nothing herein contained shall be construed to debar 
them therefrom, nor shall any thing herein contained, be construed 
to effect any person or persons heretofore admitted to the degree 
of an Attorney, or Counseller at Law, according to the rules of 
the General court, so as to subject them 

(168) 

to further examination, or make it necessary for them to renew 
their licenses. 

GENL. W. JOHNSTON. 
Speaker pro tempore, of the House of 
Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXX. 

An Act regulating Enclosures. 

§ 1. ALL fields and grounds kept for enclosures, shall be 
well inclosed with a fence composed of sufficient posts and rails, 
posts and palings, palisadoes, or rails alone, laid up in the manner 
which is commonly called a worm fence; which posts shall be 
deep set and strongly fastened in the earth ; and all fences com- 
posed of posts and rails, posts and palings, or palisadoes, shall 
be at least five feet in height; and all fences composed of rails, 
in manner which is commonly denominated a worm fence, shall 
be at least five feet six inches in height, the uppermost rail of each 
and every pannel thereof supported by strong stakes, strongly set 
and fastened in the earth, so as to compose what is commonly 
called staking and rider- 

(169) 

ing, otherwise the uppermost rail of every pannel of such worm 
fence, shall be braced with two strong rails, poles or stakes, lock- 
ing each corner or angle thereof ; and in all cases wherein any 



ENCLOSURES, 1807 



345 



fence is composed of any of the foregoing materials, the aper- 
tures between any of the rails, palings or palisadoes, within two 
feet of the surface of the earth, shall not be more than four 
inches ; and from the distance of two feet from the earth, until 
the height of three feet six inches from the surface thereof, the 
appurtures between such rails, palings or palisadoes, shall not be 
more than six inches ; and that in all worm fences, the worm of 
the same shall be at least one third of the length of the rails, which 
compose the respective pannels thereof. 

§ 2. If any horse, gelding, mare, colt, mule, or ass, sheep, 
lamb, goat, kid, or cattle, shall break into any person's en- 
closure, the fence being of the aforesaid height and strength, 
or if any hog, shoat or pig, shall break into any person's en- 
closure, the fence being of the aforesaid heighth and suffi- 
ciency, and by the view of two persons for that purpose, ap- 
pointed by the court of Common Pleas, found and approved 
to be such, then the owner of such creature or creatures, shall 
be liable to make good all damages, to the owner of the en- 
closure; for the first offence single damages only, ever after- 
wards double the damages sustained. 

§ 3. For the better ascertaining and regulating of parti- 
tion fences, it is hereby directed, that when any neighbours 
shall improve lands adjacent to each other, or when any 

(170) 



Apertures be 
tween the 
rails palings 
or palisadoes. 



Worm to be 
one third the 
length of the 
rails. 

Owners of a- 
nimals brea- 
king lawful 
enclosures li- 
able to pay 
damages. 



Partition fen 
ces by whom 
to be kept & 
maintained. 



person shall enclose any land adjoing to another's land al- 
ready fenced, so that any part of the first person's fence be- 
comes the partition fence between them, in both these cases, 
the charge of such division fence, (so far as enclosed on both 
sides) shall be equally borne and maintained by both parties, 
to which, and other ends in this law mentioned, each court 
of Common Pleas, yearly and every year, in the term next 
after the month of January, shall nominate, and is hereby re- C. P. to ap- 
quired to nominate and appoint three honest able men, for ^^ers^^c. 
each township respectively; who, being duly sworn to the 
faithful discharge of the duties of their appointment, shall pro- 
ceed at the request of any person or persons feeling him, or 



346 



ILLINOIS HISTORICAL COLLECTIONS 



Duty of 
fence view- 
ers. 

Judgesof the 
sufficiency of 
fences &c. 



Owners refu- 
sing to make 
or repair par. 
tition fences 
how to pro- 
ceed. 



Penalty on 
neglect or re 
fusal how to 
proceed. 



Proviso in fa 
vour of per- 
sons inclos- 
ing their 
ground with 
fences above 
named. 



themselves aggrieved, to view all such fence and fences, about 
which any difference may happen or arise ; and the aforesaid 
persons, or any two of them in each township, respectively, 
shall be the sole judges of the charge to be borne by the de- 
linquent, or by both, or either party, and of the sufficiency of 
all fences, whether partition fences, or others ; and when they 
shall judge any fence to be insufficient, they shall give notice 
thereof to the owners or possessors ; and if any one of the own- 
ers or possessors, upon request of the other, and due notice 
given, by the said viewers, shall refuse, or neglect, to make, 
or repair the said fence or fences, or to pay the moiety of the 
charges of any fence before made, being the division or com- 
mon fence, within twenty days after notice given, then, upon 
proof thereof, before two Justices of the Peace, of the respec- 
tive county, it shall 

(171) 

be lawful for the said Justices, to order the person aggrieved 
and suffering thereby, to make or repair the said fence or 
fences, who shall be reimbursed his costs and charges, from the 
person so refusing or neglecting to make or repair the parti- 
tion fence or fences aforesaid, or to order the delinquent to 
pay the moiety of the charge of the fence before made, being 
a division, or a common fence, as the case may be ; and if the 
delinquent shall neglect or refuse to pay to the party injured, 
the moiety of the charge of any fence before made, or to re- 
imburse the costs and charges of making or repairing the said 
fence or fences, under the order aforesaid, then the same shall 
be levied upon the delinquents goods and chattels, under war- 
rant from a Justice of the Peace, by distress and sale thereof, 
the overplus, if any be, to be returned to the said delinquent : 
Provided, That nothing herein contained, shall be intended to 
prevent, or debar any person or persons from enclosing his or 
their grounds, in any manner they please, with sufficient walls, 
or fences of timber, other than those heretofore mentioned, 
or by dykes, hedges and ditches; all such walls and fences to 
be in heighth at least five feet from the ground; and all dykes 



INTEREST, 1807 347 

to be at least three feet in heighth from the bottom of the ditch, 
and planted and set with thorn and other quickset, so that such 
enclosures shall fully answer and secure the several purposes 
meant to be answered and secured by this law : Provided also, 
That such walls, or fences of timber, other than those here- 



(172) 

tofore mentioned, and dykes, hedges, and ditches, shall be sub- 
ject to all provisions, inspections, and restrictions respectively, to Subjected to 
which by this law, any other enclosure or fence is made liable, ff^J^^^' 
according to the true intent and meaning hereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXXI. 
An Act for regulating the Interest of Money. 

§ 1. CREDITORS (excepting as herein after excepted) 
shall be allowed to receive interest at the rate of six per Legal inter- 
centum, per annum, for all monies after they become due, on *®*' ^^* **^ 
bond, bill, promissory note, or other instrument of writing, 
on any judgment recovered in any court of record, now, or 
hereafter to be established, within the Territory, from the day 
of signing judgment, until effects be sold, or satisfaction of 
such judgment be made; likewise on money lent; on money 
for the forbearance of the payment whereof an express prom- 
ise hath been made for the payment of inter- 

( 173 ) 

est ; on money due on the settlement of accounts, from the day 
of liquidating accounts between the parties, and ascertaining 
the balance; on money received to the use of another, and re- 



348 



ILLINOIS HISTORICAL COLLECTIONS 



No person to 
take more 
than six per 
cent per an- 
num interest. 



Penalty for 
taking more 
than six per 
cent. 



tained without the owners knowledge; and on money with- 
held by an unreasonable and vexatious delay of payment. 

§ 2. No person or persons, shall on any contract, which 
shall be made, directly or indirectly, take for the loan or use of 
money, or other commodity, above the value of six dollars, for 
the forbearance of one hundred dollars, or the value thereof, 
for one year, and so proportionably, for any greater or less 
sums, any law, custom or usage to the contrary notwith- 
standing. 

§ 3. If any person shall directly, or indirectly, receive 
any money, obligation, promise, or other commodity, by way 
of premium, or any other name by which the same may be 
called, or understood, to the end of obtaining any higher rate 
of interest than six per centum, per annum, for the loan or use 
of money, or any other commodity, on any contract which hath 
been made after the fifteenth November, one thousand seven 
hundred and ninety nine, or shall hereafter be made ; and shall 
institute an action in law for the recovery of the money due 
on, or by reason of the breach of such contract, so as afore- 
said made, it shall be lawful for the defendant in such action, 
in pleading, to set forth the special matter in bar of so much 
of the real sum of money, or price of the commodity, actually 
lent, advanced or sold, as shall be the amount of 

( 174 ) 

the aforesaid premium or sum, actually received; and if the 
plea of the defendant is confessed, or adjudged good, on de- 
murrer, or supported by the verdict of a jury, then and in every 
such case, the plaintiff shall recover no more than what re- 
mains of the aforesaid sum of money, or price of the com- 
modity, actually lent, advanced or sold after deducting the 
said premium, without even any interest on the principal ; and 
if a residue is still left, the plaintiff may enter judgment for 
the same, and have execution thereof with interest, and costs 
accruing from the signing of the judgment: Provided always, 
That if the premium or usurious interest, and costs, exceed 
the principal, or real sum of money, or the price of the com- 



ARBITRATIONS, 1807 



349 



modity actually lent, advanced or sold, the excess shall be 
deemed a debt of record, and on motion of the defendant made 
in open court, such defendant may enter judgment for the 
same, with costs, at the next, or any subsequent term, within 
one year, and have execution accordingly. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

( 175 ) 

CHAPTER XXXn. 

An Act authorising and regulating arbitrations. 

§ 1. ALL persons who have any controversy or contro- 
versies, for which there is no other remedy, but by personal 
action, or by suit in equity, and who are desirous of settling 
or terminating the same; may agree to submit the said con- 
troversy or controversies, to the umpirage or arbitration of 
any person or persons, to be by them, mutually chosen for that 
purpose, and that their submission, may be made a rule of any 
court of record within the Territory. 

§ 2. When any persons have agreed to submit, any matter 
or matters, in controversy between them, to umpirage or arbitra- 
tion, as aforesaid, and that the said submission, may be made a 
rule of court; they shall enter into arbitration bonds, under their 
hands and seals, duly executed and delivered, with conditions for 
the faithful performance of the award or umpirage, which con- 
dition shall set forth the name or names of the umpire or arbitra- 
tors, and the matter or matters submitted to his or their deter- 
mination ; and shall also expressly state, their agreement that the 
submission may be made a rule of any court, of record within the 
Territory, or that may be made a rule of such particular court, as 
they may name or point out in their submission ; and when the 
umpire or arbitrators, is, or are appointed, and the arbitration 
bonds are duly executed and delivered, as aforesaid, 



Persons hav- 
ing contro- 
vercies may 
submit the 
same to an 
umpire or ar- 
bitration. 
And that 
such submis- 
sion may be 
made a rule 
of court. 



parties to en- 
ter into arbi- 
tration bond 
conditioned 
&c. 



350 



ILLINOIS HISTORICAL COLLECTIONS 



Either party 
may appoint 
a time and 
place to meet 



Umpire or ar 
bitrators 
may adjourn 



Parties enti- 
tled to sub- 
poena to com 
pel the atten- 
dance of wit- 
nesses. 

Penalty on 
witness not 
attending. 



Witnesses to 
be sworn un- 
less &c. 



Theaward to 
be in writ- 
ing. 

Copies there- 
of to be deli- 
vered to the 
parties. 



( 176 ) 

either party may appoint a time and place for the umpire to attend, 
or the arbitrators to meet, of which he shall give written notice 
to the opposite party, and to the umpire or arbitrators at least ten 
days before the time appointed for such meeting; and when the 
umpire or arbitrators, shall be ready to proceed to the business 
for which he or they, shall have been appointed, the parties may 
proceed to exhibit their proofs, and the umpire or arbitrators, shall 
have power to adjourn from time to time, until he is prepared 
to make his umpirage, or they are prepared to make their awaed; 
Provided, The same be made up within the time stipulated in the 
submission. 

§ 3. The parties shall have the benefit of legal process to 
compel the attendance of witnesses ; which process shall be issued 
by the Clerk of the court of Common Pleas, or by the Clerk of 
the General court and shall be returnable before the umpire or 
arbitrators on a day certain ; and any person disobeying such 
process, shall be deemed guilty of contempt to the court from 
which such process issued, and shall be subject to the same pen- 
alties and forfeitures, as are provided, for disobeying writs of 
Subpoena in other cases ; and the costs of such witnesses, shall be 
taxed by the umpire or arbitrators, according to the provisions 
contained in the law, ascertaining the fees of witnesses, which 
costs together with the sum hereinafter allowed to the umpire or 
arbitrators, shall be stated in the award or umpirage, and shall be 
made a part of the rule of court, and all witnesses examined 

(177) 

by the umpire or arbitrators, shall be under oath, unless otherwise 
agreed to by the parties. 

§ 4. The award or final determination of the umpire or 
arbitrators shall be drawn up in writing, and shall be signed by 
him or them, or so many of them as agree thereto, and a true 
copy of the said award or umpirage, shall without delay be de- 
livered by the umpire or arbitrators, to each of the parties, and 
if either of the parties shall refuse or neglect to obey the said 
award or umpirage, the other party may return the same, together 



ARBITRATIONS, 1807 



351 



with the submission or arbitration bond to the court named in the 
submission, or if no court be named in the submission, then to the 
court of Common Pleas or to the General court, and the submis- 
sion and award or umpirage so returned shall be entered on 
record, and filed by the Clerk, and a rule of court thereupon 
made ; and after such rule is made, the party disobeying the same, 
shall be liable to be punished as for a contempt of the court ; and 
the court on motion shall issue process accordingly ; which process 
shall not be stayed or impeded, by order of any other court of 
law or equity, or by the court from whence it issued, until the 
parties shall in all things obey the award or umpirage, unless it 
shall be made to appear on oath that the umpire or arbitrators 
misbehaved, and that such award or umpirage, was obtained by 
fraud, corruption or other undue means ; and no testimony shall 
be received to impeach or invalidate the said award or umpirage, 
after the second day of the term, 

(178) 

next after the term in which the submission was made a rule of 
court : Provided always, That before any submission be made a 
rule of court, the party moving for such rule, shall produce to 
the court satisfactory proof of the due execution of the submis- 
sion or arbitration bond, and also that the party refusing or neg- 
lecting to obey the award or umpirage, hath been furnished with 
a true copy thereof. 

§ 5. The umpire or arbitrators shall be entitled to receive 
each the sum of one dollar per day, for each and every day, 
which they shall employ in performing the duties of their 
appointment. 

§ 6. In all cases where the plaintiff and defendant, having 
accounts to produce one against another, shall, by themselves, or 
attornies, or agents, consent to a rule of court for referring the 
adjustment thereof, to certain persons mutually chosen by them 
in open court, (the arward or report of such referrees, being 
made according to the submission of the parties, approved of by 
the court, and entered upon the record or roll) shall have the 
same effect, and be deemed and taken to be as available in law, 
as a verdict given by twelve men ; and the party to whom any 



Award how 
enforced. 



Award to be 
final. 



Unless for 
misbehavior 
of umpire &c 
or for fraud 
&c. 

No testimo- 
ny to invali- 
date award 
&c. after the 
2d day next 
after the 
term in 
which sub 
mission made 
rule of court, 
when award 
shall be made 
a rule of 
court. 



Fees to um- 
pire or arbi- 
trators. 



Where ac- 
counts be- 
tween two 
contending 
parties, pltff. 
& deft, they 
may consent 
to a rule of 
court refer- 
ring same to 
arbitrators, 
mutually dio 
sen in court. 



352 



ILLINOIS HISTORICAL COLLECTIONS 



Report of re- 
ferrees, ap- 
proved of by 
the court & 
entered on 
record shall 
have the like 
effect as a 
verdict. 
And court to 
enter judg- 
ment &c. 



Ferries to be 
established by 
the court of 
C. P. 



How to make 
application 
for a ferry- 



Courts to fix 
the rates of 



sum or sums of money are thereby awarded to be paid, shall have 
judgment, or a scire facias, for the recovery thereof, as the case 
may require, as is directed in the seventeenth section of the act 
entitled 'an act to regulate the practice in the General court, and 
court of Common Pleas 

(179) 

concerning sums found and settled by a jury. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXXI. 

An Act to establish and regulate Ferries. 

§ 1. WHENEVER it shall be found necessary to estabHsh 
a public ferry, over any river or creek within the Territory, the 
court of Common Pleas of the respective counties, on due appli- 
cation to them made by the proprietor of land, on either side, may 
establish and confirm the same by a special order for that pur- 
pose: Provided always, That no application shall avail the pro- 
prietor, unless his or her intentions relative thereto have been 
published in the public papers of the county, and if there be no 
public press in the county, then at least three of the most public 
places of the township, in which such ferry is proposed to be 
established, three months previous to the making of such appli- 
cation ; and shall more- 

Z 

(180) 

over have published his or her intention by advertisement, on the 
door of the court house of the proper county, for three days 
successively during the sitting of the court, within the time, above 
mentioned. 

§ 2. The court of Common Pleas, in every county, shall 
be, and they are hereby empowered, authorised, and required, to 



FERRIES, 1807 



353 



fix from time to time, the rates, which each ferry keeper shall 
hereafter demand, for the transportation of passengers, waggons 
or carriages, horses, cattle, &c. at any ferry, now or hereafter 
to be established in their respective counties within this Terri- 
tory, having due regard to the distance, which the ferry boats 
have to travel, the dangers or difficulties incident to the same, and 
the state and condition at the river or creek, over which such 
ferry is established, and the owner or owners of any such ferry 
or ferries ; shall within three months from the establishment of 
such ferry execute and deliver a bond, with one or more sufficient 
securities, to the said court, in the penalty of one hundred dol- 
lars, payable to the Sheriff, as treasurer of the county or his 
successor in office, with a condition that he or she will keep such 
ferry, or cause the same to be kept according to law ; and that 
he or she will give passage to all public messengers and expresses 
when required, from time to time without any fee or reward for 
the same; and if the condition of the said bond, shall at any 
time be broken, the penalty therein contained, shall be recoverable 
with costs of suit, for the use of the county ; and in case any such 
person shall neglect or refuse 

( 181 ) 

to give such bond, he or she shall forfeit and pay the sum of 
fifty dollars for every month's refusal or neglect, one half to the 
use of the person prosecuting for the same, the other half to the 
use of the county. All expresses sent on public service, by a 
commander in chief, colonel, Heutenant colonel, major or com- 
mandant of any military post, to the governor, or commanding 
officer of the militia, shall be accounted public messengers and 
expresses, and shall pass ferry free, within the condition and 
meaning of the bond aforesaid, in case the dispatch carried by 
such express, be endorsed on "Public Service," and signed by 
the person sending the same. 

§ 3. Every ferry keeper shall set and keep up, upon the 
margin of the river or creek, opposite to the ferry place of every 
public ferry, a post or board, on which shall be written the rates 
of ferriage, of such ferry by law allowed ; and if any ferry keeper 
shall demand from any person a greater sum for the ferriage. 



ferriage in 
their respec- 
tive counties 



Owner of a 
ferry to give 
bond. 



The condi- 
tion. 



Penalty on 
failure to 
give bond. 



Expresses &c 
to pass ferry 
free. 



Ferry keeper 
to set up rate 
of ferriage. 



Penalty for 
demanding 
higher rates. 



354 



ILLINOIS HISTORICAL COLLECTIONS 



How recov- 
erable. 

To keep 
good and suf- 
ficient boats 
&c. 



Ferries to be 
kept from 
day light till 
dark. 



When in the 
night. 



Perry men 
exempt from 
militia duty. 



Penalty on 
keeping fer- 
ries without 
license. 



than is or shall be allowed by the court of Common Pleas to such 
ferry keeper, such offender shall forfeit to the person so over- 
charged, the ferriage demanded and received, and also two dollars 
with costs of suit, for every such offence, recoverable before any 
Justice of the peace, within the township wherein the offence has 
been committed. 

§ 4. Each and every ferry keeper shall keep a good and 
sufficient boat, or boats, if more than one be necessary, with a 
sufficient number of good and skilful men to navigate the same, 
and to give due attendance 

(182) 

to the said ferry or ferries, and the transportation of all persons 
who shall apply for the same during the day time, that is to say, 
from day light in the morning until dark in the evening, that no 
unnecessary delay may happen to persons having occasion to use 
the same : Provided always, That all ferry keepers shall be obliged 
at any hour of the night, if required, except in case of evident 
danger, to give passage to all public expresses above recited, and 
to all other persons requiring the same on their tendering and 
paying double the rate of ferriage allowed to be taken during the 
day time. 

§ 5. And for encouraging ferry keepers, and in considera- 
tion of setting over public messengers and the persons exempted 
by this act. Be it enacted, That all men necessarily attending on 
ferries in this Territory, shall be free from militia duty, impress- 
ments, opening and repairing highways, so far as personal ser- 
vice is required, and from serving on juries, and if any person 
or persons other than ferry keepers, licensed as aforesaid, 
shall for reward set any person over any river or creek, where 
public ferries are appointed or established, at any place within 
five miles, of any such publiclic ferry, he she or they so offending, 
shall forfeit and pay a sum not exceeding twenty nor less than 
five dollars, for every such offence ; one moiety to the person 
prosecuting for the same, and the other moiety to the use of the 
county wherein the offence shall have been committed. 



(183) 



NEGOTIABLE INSTRUMENTS, 1807 355 

§ 6. If any ferry or ferries, which now are, or may here- Whencourts 

may discon- 
after be established, shall not be furnished with necessary boat or tinue ferries. 

boats, and ferrymen, within the space of six months after the 

establishment thereof, or shall at any time hereafter, be wholly 

disused or unfrequented for the space of one year, it shall and 

may be lawful for the court of common Pleas for the county in 

which such ferry or ferries shall be, on complaint to them made, 

to summon the proprietor or proprietors of the same, to shew 

cause, why it should not be discontinued, and to decide according 

to the testimony adduced, which decision shall be valid in law. 

§ 7. It shall and may be lawful for any ferry keeper, to take Ferries kept 
• , 1 • 1 1 , 1 under license 

into his or her boat, or boats, any passenger or passengers, car- fj-Qm t^g g^. 

riages, waggons, horses, or cattle, of any kind whatsoever, to vemor conti- 

convey them over, and to receive the ferriages for the same ""^" °^'^' 

agreeably to the rates established by the courts of Common Pleas : 

Provided nevertheless, That all ferries now kept by license from 

the Governor, shall be, and are hereby declared to be established 

ferries : Provided, The owner or owners of such ferries, have the 

license recorded in the recorders office in each county, wherein 

the ferry or ferries are, within three months after the taking 

effect of this act, subject to the same rules, 

( 184 ) 

regulations, and restrictions, as are herein contained. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXXIV. 

An Act making Promissory Notes, Bonds, and Inland Bills of 

Exchange, negotiable. 

§ 1 All notes in writing that shall hereafter be made and Notes in wri- 
signed by any person or persons, body politic, or corporate, where- ^^^°nt*of 
by such person or persons, body politic or corporate, promise to money. 



356 



ILLINOIS HISTORICAL COLLECTIONS 



Is made as- 
signable by 
indorsement 
assignee may 
sue in his 
own name. 



When assig- 
ned after day 
of paymt. 
when before 
day of pay- 
ment. 



Inland bills 
of exchange 
declared ne- 
gotiable. 



pay any sum of money, or acknowledge any sum of money to be 
due, to any other person or persons, or his, her, or their order, or 
unto bearer, shall be taken to be due and payable, and the sum of 
money therein mentioned shall by virtue thereof be due and pay- 
able to the person or persons, to whom the said note is made ; 
and every such note made payable to any person or persons, his, 
her, or their order, or unto bearer, shall be assignable by endorse- 
ment thereon, under the hand or 

(185) 

hands, of such person or persons, and of his, her, or their as- 
signee, or assignees, so as absolutely to transfer and vest the 
property thereof in each and every assignee or assignees, suc- 
cessively; and any assignee, or assignees, to whom such sum 
of money is, by such endorsement, or endorsements, made 
payable, may, in his, her, or their own name, or names, in- 
stitute or maintain an action for the recovery thereof, against 
the person or persons, who made and signed such note, or 
against him, her, or them, who endorsed the same, (having 
first used due diligence to obtain the money from the drawer 
or maker) and in every such action in which judgment is given 
for the plaintiff or plaintiffs, he, she, or they, shall recover 
his, her, or their damages and costs of suit. 

§ 2. If any such note shall be endorsed after the day on 
which the money therein contained becomes due and payable, 
and the endorser shall institute an action thereon, against the 
maker and signer of the same, the defendant being maker and 
signer, shall be allowed to set up the same defence that he 
might have done, had the said action been instituted in the 
name, and for the use of the person or persons to whom the 
said note was originally made due and payable. 

§ 3. If any such note shall be endorsed before the day 
the money therein contained becomes due and payable, and the 
endorsee shall institute an action thereon, the defendant may 
give in evidence at the trial, any 



(186) 



CUTTING TIMBER, 1807 357 

money actually paid on the said note, before the said note was 
endorsed or assigned, to the plaintiff, on proving that the 
plaintiff had sufficient notice of the said payment, before he, 
or she, accepted or received such endorsement. 

§ 4. And all inland bills of exchange shall be negotiable. Bonds &c. 
by endorsement thereon, in the same manner as is above pro- ^ ^^ ®* 
vided in case of promissory notes. 

§ 5. The assignment of bills, bonds, or other writings 

obligatory for the payment of money, or any specific article, Assigneemay 

shall be good and effectual in law, and an assignee of such, ^"^ ^" ^^^ 

. ° own name. 

may thereupon maintain an action in his own name, but shall 

allow all just set offs, discounts, and equitable defence, not 

only against himself, but against the assignor, before notice 

of such assignment shall have been given to the defendant. 

JESSE B. THOMAS, 

Speaker of the House of Representatives. 

B. CHAMBERS, 

Presid^ent of the Council. 

Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

( 187 ) 

CHAPTER XXXV. 

An Act to prevent Trespassing by Cutting of Timber. 

§ 1. Every person who shall cut, fell, box, bore or destroy Eight dol- 
any Black Walnut, Black, White, Yellow, or Red Oak, White Jars penalty 
Wood, Poplar, Wild Cherry, Blue Ash, Yellow, or Black boxing or 

Locust, Chesnut, Coffee, or Sugar tree, or sapling standing boring cer- 

tain trees &c. 
or growing upon land belonging to any other person or per- 
sons, without having first obtained permission so to do, from 
the owner or owners of such lands, shall forfeit and pay for 
such tree or sapling, so cut, felled, boxed, bored, or destroyed, 
the sum of eight dollars ; and every person who shall cut, fell. Three dol- 
box, bore, or destroy any tree, or sapling, not herein above f^Jfo^i^s 
named and enumerated, standing or growing upon land be- 



358 



ILLINOIS HISTORICAL COLLECTIONS 



Penalties 
how to be 
prosecuted 
for and reco- 
vered. 



If deft, sets 
up a title to 
the land, & 
give security 



longing to any other person or persons, vvrithout permission 
as aforesaid, shall forfeit and pay for every such tree or sap- 
ling, so cut, felled, boxed, bored, or destroyed the sum of three 
dollars. 

§ 2, The penalties herein above provided, shall be re- 
coverable with costs of suit, either by action of debt, in the 
name, and for the use of the owner or owners of the land, or 
by action qui tarn, in the name of any person who will first sue 
for, and recover the same, the one half for the use of the per- 
son so suing, and the other half for the use of the owner or 
owners of the land: Provided always, That if in any action that 
may be instituted by virtue of the pro- 

A2 



how to pro- 
ceed. 



(188) 

visions herein contained, before a Justice of the Peace, the de- 
fendant shall set up a title to the land on which the tree or 
trees, are alledged to have been cut, felled, boxed, bored, or 
destroyed, and shall forthwith give good and sufficient se- 
curity to prosecute his claim or title to the said land to effect, 
within one year; or to appear and defend an action to be in- 
stituted against him within one year, by virtue of the pro- 
visions herein contained, in any court of record within the 
Territory, having cognizance thereof; and in either case to 
abide by, and satisfy the judgment that may be given in such 
court, then the said Justice shall proceed no further in the said 
cause, but shall forthwith dismiss the parties, and it shall be 
the duty of the said Justice thereupon to tax the bill of costs, 
that may have accrued before him ; and so soon as the action 
shall be renewed, or instituted for the purpose aforesaid, to 
transmit the said bill, together with the recognizance to be 
taken as aforesaid, to the Clerk of the court, in which such 
action shall be instituted or renewed, which costs so taxed and 
transmitted, shall be made a part of the judgment, to be ren- 
dered as aforesaid. 



CUTTING TIMBER, 1807 359 

§ 3. If the said recognizance shall be forfeited for not Upon for 



feiture of re- 
cognizance, 



prosecuting as aforesaid, the Justice shall proceed to enter 
Judgment against the defendant, for the demand of the plain- how to pro- 
tifif, which shall be taken to be confessed, and execution shall *^^^ 
thereupon issue against the said defendant and his security 
or securities ; and if the said recognizance shall be forfeited for 
not ap- 

( 189 ) 

pearing and defending, or for not abiding by, and satisfying 
the judgment that shall be given in the court above, the party 
for whose benefit such recognizance was taken, may, by a 
writ, or writs of scire facias, proceed to judgment and execu- 
tion thereon. 

§ 4. If any person or persons, shall, after the passing Penalty for 
of this act, under pretence of any lease, or otherwise, cut, fell, <^"***^s ac. 
box, or bore, or destroy, any Black Walnut, Black, White, on lands se- 

Yellow, or Red Oak, White Wood, Poplar, Wild Cherry, Blue <^"T,^ ^^"^ 

' ' » f » J ) public uses.. 

Ash, Yellow or Black Locust, Chesnut, Coffee, or Sugar tree, 
or sapling, standing or growing upon any lands within the 
Territory, reserved, appropriated, or intended for the use and 
support of schools, or for the use and support of religion ; such 
person or persons shall forfeit and pay, for every such tree 
or sapling, so cut, felled, boxed, bored, or destroyed, the sum 
of eight dollars; and if any person or persons, shall cut, fell, 
box, or bore, or destroy, any other tree or sapling, not herein 
above named and enumerated, standing or growing upon 
any lands, within the Territory, reserved, appropriated, or in- 
tended for the use aforesaid, such person or persons, shall for- 
feit and pay for every such tree or sapling, so cut, felled, boxed, 
bored, or destroyed, the sum of three dollars. 

§ 5. The penalties provided in the preceding section of Penalties 

this act, shall and may be recovered with costs of suit, either ^T ""ecove- 
.,,.,, ,., , i^d and ap- 

by action of debt, brought by, and m the name, or names of propriated. 

the overseer, or overseers of 



360 



ILLINOIS HISTORICAL COLLECTIONS 



Overseers of 
the poor's du 
ty to prose- 
cute. 



To receive 
compensati- 
on. 



Proviso. 
Not to ex- 
tend to min- 
isters of the 
gospel 

Nor to per- 
sons holding 
lands in the 
colege town- 
ships under 
lease &c. 



Nor to pre- 
vent settlers 
thereon &c. 



(190) 

the poor, of the township in which such tree or sapling, shall 
have been cut, felled, boxed, bored, or destroyed, as aforesaid 
for the use of the poor of the county; or by action qui tarn, 
in the name of any other person who will first sue for and re- 
cover the same ; the one half for the person so suing and re- 
covering, and the other half for the use of the poor of the 
county in which such tree or sapling, shall have been cut, 
felled, boxed, or bored or destroyed ; and it shall be the duty 
of the overseers of the poor, on complaint made to him or 
them, against any person who may have cut, felled, boxed, 
bored or destroyed, any tree or sapling, standing or growing, 
upon any lands reserved for the uses aforesaid, within his or 
their township, or upon his or their view or knowledge of such 
trespass, forthwith to institute an action against the tres- 
passer for the purpose aforesaid, unless an action qui tarn shall 
have been previously instituted for the said trespass, in the 
name of some other person, according to the provisions herein 
contained ; and the said overseer or overseers, in the settle- 
ment of his or their accounts, shall be allowed a reasonable 
credit for the trouble and expense, of such prosecution; 
Provided always, That nothing herein contained shall be con- 
strued to prevent ministers of the gospel from settling and 
improving any lands reserved for the use of religion. 

§ 6. Nothing herein contained shall be so construed as to 
prevent persons now holding by lease, lands in the college 
town- 

(191) 

ship, or other lands appropriated for schools, and religious 
purposes, within this Territory, from cutting and using timber 
agreeably to the tenor of such lease, nor shall it prevent the 
present settlers thereon from cutting timber on such parts 
thereof, as they shall enclose and improve, until after such 
regulations as shall be made by the legislature, of the Terri- 
tory are brought into operation. 



MILLS AND MILLERS, 1807 361 

§ 7. No part of the said recited act, shall be so construed Not to ex- 

as to affect such inhabitans in the said Territory, who mav !t"^ J!?*Jf;^JI 

- sons settling 

have settled on lands by mistake, or the owner or owners of on lands by 

which are unknown to them, so far as the said act relates to mistake, or 

' where the 

the penalties herein specified. owners are 

JESSE B. THOMAS, unknown. 

Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

( 192 ) 

CHAPTER XXXVI. 

An Act regulating Grist Mills and Millers. 

§ 1. EACH and every miller, or the owner or owners, or Toll allowed 

occupiers of every water and wind srrist mill, now erected or for grinding 
^ . ^ .... grain &c. in 

which shall hereafter be built and erected, within this Tern- water & wind 

tory, shall be entitled to have and receive out of the grain ™ills. 
which be ground in his, her, or their said mills, the following 
rates of toll, in full compensation therefor, to wit: For grind- 
ing and bolting wheat or rye into flour, one tenth part there- 
of; For grinding Indian corn, oats, barley or Buckwheat, and 
the same bolting into flour when required to be bolted, one 
seventh part thereof; For grinding Indian corn, oats, bareley 
or buckwheat, when the same is not required to be bolted, 
one eighth part thereof; For grinding malt and chopping rye, 
one twelfth part thereof. 

§ 2. Each and every miller, or the owner or owners. For grinding 
or occupiers, of each and every horse mill, when the miller, ^"^ ^' ™^^s. 
owner or occupier thereof, shall find and provide horses for 
turning the same, shall be entitled to take and receive, out of 
wheat to be ground and bolted in his, her or their said mills, 
one fifth part thereof ; out of rye, Indian corn, oats, barley and 
buckwheat, one fourth part thereof ; out of malt and for chop- 
ping rye, one sixth part thereof; Provided always, That when 



362 



ILLINOIS HISTORICAL COLLECTIONS 



Proviso. 
Where own- 
er of the 
grain shall 
find horses. 



Penalty for 
taking more 
than I'awful 
toll. 



How recov- 
erable. 



Owners of 
mills to be 
accountable 
for grain &c. 



Provided the 
bags &c are 
marked. 



the owner of the grain to be ground, shall provide horses to 
grind the same, the miller or owner or 

(193) 

occupier of said horse mill shall be entitled to take and re- 
ceive the same rate, as is provided and allowed, to water and 
wind mills in the first section of this act, and no more. 

§ 3. If any miller or the owner or owners or occupiers, 
of any of the aforesaid described mills, within this Territory 
shall presume to demand, receive or take any greater toll, fee 
or reward, for grinding grain, or for grinding and bolting 
grain into flour than as aforesaid, or shall knowingly cause 
the same to be done, he, she, or they so offending, upon con- 
viction thereof, before any Justice of the Peace of the proper 
county, in which the mill shall be erected, shall forfeit and 
pay the sum of five dollars, with costs, for the use of the 
county in which the offence shall have been committed, to 
be levied on the offender's goods and chattels ; and for want 
of goods and chattels, the offender shall be committed to the 
jail of the county, until the same shall be paid, or the offender 
discharged by law; and moreover shall be liable to the action 
of the person injured, for damages. 

§ 4, Every miller the owner or owners or occupier of 
every grist mill of the aforesaid description, shall be account- 
able to the owners of grain received to grind, for the safe 
keeping of the same, whilst in his, her or their mills ; and if 
any grain, bag, or cask containing the same, shall be lost 
or destroyed whilst intrusted in the care of any miller for 
the purpose of being ground, the owner or occupier, as the 
case may be, shall make 

( 194 ) 

good the same to the owner thereof in damages : Provided 
always, That in order to entitle any owner of grain so depos- 
ited and lost or destroyed, to recover the value thereof against 
the miller, owner or occupier of any of the above described 
mills ; the owner of the grain shall cause the bag or bags, cask 



MILLS AND MILLERS, 1807 363 

or casks, containing his, her or their grain to be distinctly 
marked with initial letters, of his, her or their name or names. 

Provided also, That nothing in this section shall be so con- 
strued as to charge any miller, owner or occupier of any mill, Mfllers not 
with the loss of grain, bags or casks, that shall happen by ^^^c^se of^ 
robbery, fire, or any other unavoidable accident, without the robbery, fire 
fault or neglect of such miller, owner or occupier thereof. ^' 

§ 5. If any person owning lands on one side of a water In what ca- 
course, the bed thereof belonging to himself, and desiring to ^f^Q p*^m"y 
build a water grist mill on such lands, and erect a dam across issue a writ 
the same, shall not himself have the fee simple property in damnum^ 
the land, on the opposite side thereof, against which he would 
abut his said dam, he shall make application for a writ of 
ad quad damnum, to the court of Common Pleas of the county 
where such land may lie, and having given ten days previous Proceedings 
notice, to the proprietor thereof if he be to be found in the ^^eon. 
county, and if not, then to his agent, if any he hath in the 
county, or if no agent, to be advertised at the door of the court 
house of the proper county for two terms ; which court shall 
thereupon, order their Clerk to issue such writ, to be directed 
to the Sheriff, 

(195) 

commanding him to summons and empannel twelve fit persons Sheriff to 
to meet on the land so proposed for the abutment, on a certain j^— 
day, to be named by the court, and inserted in the said writ, 
of which notice shall be given by the Sheriff to the said pro- 
prietor, or his agent, if any he hath. 

§ 6. The jury so summoned and empannelled, shall be The jury 
charged by the Sheriff, impartially, and to the best of their when met 
skill and judgment, to view the land proposed for an abut- 
ment, and to locate and circumscribe, by metes and bounds, 
one acre thereof, having due regard therein, to the interest 
of both parties, and to appraise the same accordingly to its 
true value, to examine the land above and below, the prop- 
erty of others, which may probably overflow, and say what 
damage it will be to the several proprietors, and whether the 



364 



ILLINOIS HISTORICAL COLLECTIONS 



Inquest when 
made to be 
returned to 
the next 
court with 
the writ. 



Further pro- 
ceedings 
thereon. 



Persons who 
may have 
built mills 
may apply 
for a writ of 
ad quod dam 
num. 



And procee- 
dings there- 
on. 



mansion house of any such proprietor or proprietors, or the 
offices, curtilages, or gardens thereunto immediately belong- 
ing, will be overflowed, to enquire whether, and in what de- 
gree, fish of passage, or ordinary navigation will be ob- 
structed ; whether by any, and what means, such obstruction 
may be prevented; and whether in their opinion, the health 
of the neighbours will be annoyed by the stagnation of the 
waters. 

§ 7. The inquest so made and sealed by the said jurors, 
together with the writ, shall be returned by the Sheriff to the 
next succeeding court, who shall thereupon order summonses 
to be issued to the several persons, proprietors or tenants, of 
the land so 

B2 

(196) 

located, or found liable to damage, if they be to be found, with- 
in the county where the lands so to be condemned, or over- 
flowed, do lie ; and if not, then to their agent, if any they have, 
to shew cause, if any they have, why the party so applying, 
should not have leave to build his said mill dam. 

§ 8. Where any person may have built a mill, or other 
dam, whereby the water of any river, creek, run or spring, 
may be rendered thereby stagnant, it may be lawful for any 
person interested therein, or who may be damaged by the 
overflowing of said water, to obtain a writ of ad quod damnum, 
in the same manner as is directed in case of persons wishing 
to build a new mill; and the jury so summoned, &c. shall 
ascertain the damage which any individual may sustain in con- 
sequence of the continuance of the said mill dam, and whether 
the said mill is of public utility; and after the jury aforesaid, 
shall have made their return ; it shall be the duty of the owner 
or owners of the said mill, to pay to any, and every indi- 
vidual, the sum assessed by the jury aforesaid, and upon 
payment of said assessment the said owner or owners, shall 
be clear of all damages to the person interested, as aforesaid; 
any law, usage or custom to the contrary notwithstanding. 



MILLS AND MILLERS, 1807 365 

§ 9. In the like manner if the person proposing- to build Where the 
such mill and dam, have the fee simple property in the lands ^gj. Qf jan^s' 
on both sides of the stream ; yet application shall be made on both sides 
to the court of the county, where the mill house will stand, cee<Unes^ ^^°~ 
for a writ to examine as aforesaid ; what lands may be over- 
flow- 

( 197 ) 

ed, and to make the same examination and report, as in the 
case last mentioned; which writ shall be directed, executed 
and returned, as prescribed in the former case. 

§ 10. If on such inquest, or other evidence, it shall ap- In what ca- 
pear to the court that the mansion house of any proprietor, ^j^^^ ^^ ^j^^jj 
curtilage or garden thereunto immediately belonging, will not give 
be overflowed, or the health of the neighborhood annoyed, ^^^^ ^' 
they shall not gfive leave to build such mill and dam ; but if 
none of those injuries are likely to ensue, they are then to 
proceed to adjudge whether all circumstances weighed, it be 
reasonable that such leave should be given, or not given, 
accordingly. 

§ 11. And if the party applying- shall obtain leave to Where leave 
build the said mill and dam, he shall upon paying respectively ^g mm^^l^l 
to the several proprietors entitled, the value of the acre so be built and 
located, and the damage which the jurors find will be by over- ^* '" repair 
flowing, the lands above and below, become seized in fee sim- 
ple of the said acre of land ; but if he shall not within one year 
thereafter begin to build the said mill, and finish the same 
within three years, and afterwards continue it in good repair If mill des- 
for public use ; or in case the said mill and dam be destroyed ; *^?^m^ th^^ 
if he shall not begin to rebuild it within one year after such land to revert 
distruction, and finish it within three years thereafter ; the >^^^s &c. 
said acre of land shall revert to the former proprietor, and 
his heirs, unless at the time of such destruction, the owner 
thereof be a feme, covert infant, imprisoned, or of unsound 
mind. 

(198) 



366 



ILLINOIS HISTORICAL COLLECTIONS 



When acti- 
on may be 
brought. 



Millers to 
grind well 
in turn. 



Ponalty on 
neglect and 
how recov- 
erable. 



Millers to 
keep sealed 
measures in 
their mills. 
Penalty on 
neglect. 

Owners of 
dams over 
which a pub- 
lic road pass- 
es, to keep 
the dams in 
repair at least 
12 feet wide. 



Penalty on 
neglect &c. 



in which case the same time shall be allowed after such dis- 
ability removed. 

§ 12. The inquest of the said jurors nevertheless, or 
opinion of the court, shall not bar any prosecution or action, 
which any person would have had in law, had this act never 
been made, other than for such injuries as were actually fore- 
seen and estimated by the jury. 

§ 14. All millers whose mills shall be established under 
this law, shall well and sufficiently grind the grain brought 
to their mills, and in due time, as the same shall be brought, 
and may take for toll such rates as are herein before estab- 
lished; and every miller failing to grind as aforesaid, as the 
same shall come in turn, or shall take or exact more toll, shall 
for every such offence, forfeit and pay to the person injured, 
the sum of two dollars and fifty cents, recoverable before any 
magistrate within the county where the offence was com- 
mitted. 

§ 14. Every owner or occupier of a mill, shall keep 
therein a sealed half bushel, peck and toll dish, and measure all 
grain by striking measure, under the penalty as is mentioned 
for exacting more grain than is allowed by law, and if the 
miller be a servant his master shall pay the same. 

§ 15. The owner of every dam, over which a public road 
passes, shall constantly keep such dam in repair, at least 
twelve feet wide, under the penalty of one dollar for every twenty- 
four hours; but where a mill dam shall be carried away, or 
destroyed by tempest, the owner or occupier shall not be 

(199) 

liable to the said penalty, provided the same be repaired 
within six months. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 



VICE AND IMMORALITY, 1807 367 

CHAPTER XXXVII. 

An Act for the prevention of Vice and Immorality. 

§ 1. IF any person shall be found reveling, fighting or Sunday or 1st 
quarrelling, doing or performing any worldly employment, or ^^^ how to 
business whatsoever, on the first day of the week, commonly be kept and 
called Sunday (works of necessity or charity only excepted) jgr^^^^ !^I 
or shall use or practice any unlawful game, sport or diversion, nalties. 
whatsoever, or shall be found hunting or shooting, on the said 
day, and be convicted thereof; every such person, so offend- 
ing, shall for every such offence, forfeit and pay a sum not 
exceeding two dollars, nor less than fifty cents, to be levied by 
distress ; or in case such person being a male, shall refuse or 
neglect to pay the said sum ; or goods and chattels cannot be 
found whereof to levy the same by distress, 

( 200 ) 

he shall be committed to the charge of one of the supervisors 
of the highways, in the township wherein the offence was 
committed, to be kept at hard labor for the space of two days : 
Provided edways. That nothing herein contained shall be con- Proviso in fa- 
strued to hinder watermen from landing their passengers, or j^en. ' 

ferrymen from carrying over the water, travellers, or persons 
removing with their families, on the first day of the week, com- 
monly called Sunday. 

§ 2. If any person of the age of sixteen years and up- Profane swea 
wards, shall profanely curse, damn or swear, by the name of 
God, Christ Jesus, or the Holy Ghost ; every person so offend- 
ing, being thereof convicted, shall forfeit and pay for every 
such profane curse, damn or oath, a sum not exceeding two 
dollars, nor less than fifty cents, at the discretion of the Jus- 
tice, who may take cognizance thereof; and in case he shall 
refuse or neglect to pay the said forfeiture; or goods and 
chattels cannot be found, whereof to levy the same by distress, 
he shall be committed to the charge of one of the supervisors 
of the highways of the township where the offence was com- 



368 



ILLINOIS HISTORICAL COLLECTIONS 



And how pu- 
nished. 

Swearing & 
disorderly be 
haviour be- 
fore congre- 
gations &c 
what & how 
punished. 



Proviso in fa- 
vor of courts 
of justice. 



Drunkenness 
what, & how 
punished. 



mitted, to be kept at hard labor for the space of two days for 
every such offence, of which such person shall be convicted. 
§ 3. If any person shall presume to appear before any 
court of justice within this Territory, before any Judge or 
Justice of the Peace, when acting as such, or before any con- 
gregation, assembled for public worship and there make use of 
profane swearing, or other disorderly behavior, the 

(201) 

effect of which would have an evident tendency to disturb 
that good order, to be observed on those occasions ; if before 
a court of justice, he shall be fined in any sum not exceeding 
fifty nor less than five dollars ; if before a Judge or Justice of 
the Peace, he or she shall be fined in any sum not exceeding 
ten, nor less than three dollars ; if before any congregation 
assembled for divine worship, he, or she so offending, shall be 
fined in any sum not exceeding ten, nor less than three dollars ; 
and it shall be the duty of any Justice of the Peace within this 
Territory, the same coming within his knowledge, or upon 
information by one or more credible witnesses, to issue his 
warrant and have the offender brought forthwith before him, 
and shall immediately assess his fine ; and for want of suffi- 
cient goods and chattels, belonging to the defendant, to be by 
him shewn to satisfy the fine and costs, aforesaid, the said 
Justice shall commit the offender to the jail of the proper 
county where the offence was committed : Provided, That 
nothing herein contained, shall be so construed, as to pre- 
vent any court of justice from punishing the like offenders, in 
the manner herein before mentioned. 

§ 4. If any person of the age of sixteen years or upwards, 
shall be found in the public highway, or in any public house 
of entertainment, intoxicated by excessive drinking of spiritu- 



VICE AND IMMORALITY, 1807 369 

ous, vinous, or other strong liquors, and making or exciting 
any noise, contention or disturbance, it shall be lawful for any 
Justice of the Peace, on 

(202) 

complaint or view, to cause such person or persons to be com- 
mitted to the common jail of the county, there to remain for 
a term of time not exceeding forty eight hours; end every 
person so committed, shall pay the fees arising on such com- 
mitment; and if any person shall be found offending as afore- 
said, at any greater distance than five miles from the county 
jail ; it shall be lawful for any Justice of the peace, to commit 
such person or persons to the custody of any constable within 
the township, for the like term of time, to be by such constable 
confined in any proper and convenient place, for the like term 
of time; and the said constable shall be entitled to receive the 
same fees, as are allowed to the keeper of the jail in the like 
cases. 

§ 5. The Judges of the Supreme court, every Judge of Judges and 
the court of Common Pleas, and every Justice of the Peace, \^i^^ cogni- 
within the limits of their several jurisdictions, are hereby em- zance. 
powered, authorised and required, to proceed against, and to 
punish all persons offending against the preceeding sections of 
the law, and for that purpose each of the said Judges or Jus- 
tices, severally, may convict such offenders upon his own May_ convict 

. . ^ on view. 

view and hearing, or shall issue if need be, a warrant, sum- 
mons, or capias, according to the circumstance of the case, 
to bring the body of the person accused, as aforesaid, before 
him : and the same Judges or Justices, shall respectively, in a ^"- ^ summa- 
summary way, enquire into the truth of the accusation, and 
upon the testimony of one or more credible witnesses, or the 
confession of the party, shall convict 



370 



ILLINOIS HISTORICAL COLLECTIONS 



And pro- 
nounce judg- 
ment. 

Failing to sa- 
tisfy fine, to 
work on pub- 
lic highways 



Form of con- 
viction and 
execution. 



Limitation. 



Cock fight- 
ing. 



(203) 

the person who shall be guilty as aforesaid, and thereupon 
shall proceed to pronounce the forfeiture incurred by the per- 
son so convicted as herein before directed; and if the person 
so convicted, refuse, or neglect, to satisfy such forfeiture im- 
mediately, with costs, or to produce goods and chattels, where- 
upon to levy the said forfeiture, together with costs, then the 
said Judge, or Justice, shall commit the offender to one of 
the supervisors of the highways, as aforesaid, during such 
time as is herein before directed; and every such conviction 
may be in the following words, to wit : 

'Be it remembered, that on the 
day of in the year of A B, 

of the county labourer, (or otherwise, as his 

rank, occupation, or calling may be) is convicted before me, 
being one of the Judges, or Justices, &c. in the county of 
of swearing profane oath, or oaths, by 
the name of (or otherwise as the offence and 

case may be) and I do adjudge him to forfeit for the same, 
the sum of and for want of goods and chattels to be 

by the offender shewn, whereon to levy &c. you are to take his 
body into custody, and him forthwith convey to one of the super- 
visors of the highways, of the township &c. who is commanded 
hereby, to receive and keep him at hard labour, on the highway, 
for the space of two days. — Given under my hand and seal the day 
and year aforesaid.' 

Provided, That every such prosecution 

C2 

(204) 

be commenced within seventy-two hours after the offence 
shall be committed. 

§ 6. If any person or persons, shall cause to fight any 
cock or cocks, for money, or any other valuable thing, or shall 
promote or encourage any match, or matches of cock fighting. 



VICE AND IMMORALITY, 1807 371 

by betting thereon, or shall play at any match of bullets, in Bullet play- 
any place, for money, or other valuable thing", or on any high- 
way, or public road, with, or without a bet, or shall play at 
cards, dice, billiards, bowls, shovel board, or any game at Cards, dice 
hazard, or address, for money, or other valuable thing, every nirfied.^ 
such person so offending, shall, upon conviction thereof, be- 
fore any Justice or Magistrate as aforesaid, forfeit and pay 
three dollars, for every such offence ; and if any person or per- 
sons, shall run any horse, mare or gelding, in any street, or Running hor 
public highway; every person so offending, shall, on convic- roads, 
tion thereof before any Justice of the Peace, or on the view 

of such Justice, forfeit and pay the sum of five dollars, with How punish- 

. ed- 

costs. 

§ 7. No E O table, or other device, except as hereinafter Keeping E. 
excepted, shall be set up or maintained, in any dwelling house, tables, 
out house, or other place, by any person whatsoever ; on pain 
of forfeiting every such E O table, or other device, and of for- How punish- 
feiting moreover, the sum of fifty dollars ; and upon convic- 
tion thereof, before any court having competent jurisdiction, 
held for the county wherein the offence shall be committed: 
Provided always, That nothing 

(205) 
in this act contained, shall be construed so as to prohibit Proviso in fa- 
private families, from exercising their free will, within their amusements, 
own private houses for their amusement, in a peaceable man- 
ner : Provided also, That no person shall set up, or suffer to be 
set up, or kept in his or her house, barn, stable, or other out 
house, arbor, or bower, or yard, any table, or other thing re- 
puted as a gaming table, or other device, for the purpose of 
encouraging gaming. 

§ 8. If any person or persons shall loose any money, or Securities 
valuable thing, at, or upon any match of cock fighting, bullet tered into for 
playing, or horse racing, or at, or upon any game of address, gaming void- 
game of hazard, play, or game whatsoever, the person or per- 
sons who shall loose their money, or other valuable thing, 
shall not be compelled to pay, or make good the same. And any 



372 



ILLINOIS HISTORICAL COLLECTIONS 



Money &c. 
lost at gam- 
ing may be 
recevered 
back within 
30 days, 



Where to be 
prosecuted. 



Boxing &C. 
what. 



And how pu- 
nished. 



Limitation. 



Duels what 



contract, note, bill, bond, judgment, mortgage, or other secur- 
ity or conveyance whatsoever, given, granted, drawn or en- 
tered into for the security or satisfaction of the same, or any 
part thereof, shall be utterly void, and of no effect. 

§ 9. If any person or persons shall loose any money, 
or other thing of value, at, or upon any game of address, or 
of hazard, or other play, and shall pay, or deliver the same, 
or any part thereof; the person or persons, so loosing and pay- 
ing, or delivering the same, shall have a right within thirty 
days, then next thereafter, to sue for, and recover the money 
or goods, so lost and 

(206) 

paid or delivered, or any part thereof, from the respective win- 
ner or winners thereof, with costs of suit, by action of debt, 
or case, founded on this act, to be prosecuted in any court of 
record, or where the value is within the sum cognizable by a 
single Justice, the same may be recovered before any Justice 
of the Peace within this Territory, subject to an appeal as in 
other cases. 

§ 10. If any person or persons, shall challenge another, 
to fight or box at fisticuffs, or with the intent to bring on a 
match at boxing, shall in words or gesture, endeavour to pro- 
voke any other person or persons to commit an affray, whether 
an affray ensues or not, every person so offending, on con- 
viction thereof, shall forfeit and pay for every such offence, 
a sum not exceeding five dollars, nor less than one dollar ; 
and every Magistrate of the county, where the offence shall 
have been committed, shall have cognizance thereof : Provided 
however, That such prosecution be commenced within four 
days from the time the offence was committed. 

§ 11. If any person within this Territory shall challenge 
by word, or in writing, the person of another, to fight at sword, 
rapier, pistol, or other deadly weapon, the person so chal- 
lenging, shall forfeit and pay for every such offence, being 
thereof lawfully convicted, in any court of record within the 



VICE AND IMMORALITY, 1807 373 

county wherein the offence shall be committed, having com- Prosecutions 
, . . , , r where to be 

petent jurisdiction, by the testimony of one or more witnesses, brought. 

or by 

( 207 ) 

the confession of the party offending- a sum not exceeding two 
hundred and fifty dollars, nor less than fifty dollars; or shall 
suffer imprisonment, for a term not exceeding twelve months, 
nor less than three months, without bail or mainprize ; and the How punish- 
person who shall accept any such challenge, shall in like man- 
ner upon conviction, forfeit and pay a sum not exceeding one 
hundred dollars ; or shall suffer such imprisonment, for a term 
not exceeding six months, nor less than one month; and if 
any person, shall willingly and knowingly, carry and deliver 
any written challenge, or shall verbally deliver any message, 
purporting to be a challenge, or shall consent to be a second Carriers of 

chsllcTisrcs 
in any such intended duel, and shall be legally convicted ^^^ 

thereof, as aforesaid, the person so offending, shall for every 
such offence, forfeit and pay a sum not exceeding one hun- How punish- 
dred dollars, nor less than fifty dollars ; or shall suffer im- 
prisonment for a term not exceeding six months, nor less than 
one month, as aforesaid. 

§ 12. All prosecutions under this act shall be by action Nature of 
of debt, or trespass on the case, or by indictment, where the y^der this 
penalty exceeds a magistrates jurisdiction ; and all fines and act & where 
penalties set or imposed, and paid by virtue of the provisions <^°""'^^"" • 
herein contained, shall be paid into the treasury of the county, 
in which such fine or penalty shall be set or imposed, for the 
use of the said county : Provided always, That no person shall 
be prosecuted for any offence against this act, except such 
offences, as are enumerated in 

(208) 

the tenth section thereof, unless such prosecution be com- In what time 
menced, within thirty days after the offence has been com- „ie„ce(L 
mitted. 



374 



ILLINOIS HISTORICAL COLLECTIONS 



Persons com- 
mitted to su- 
pervisors re- 
fusing to la- 
bor to be im- 
prisoned. 

For the same 
term for 
which he 
was sentenc- 
ed to labor. 
Manner of 
committ- 
ment. 



Tearing 
down or de- 
facing publi- 
cations set 
up by autho- 
rity. 



How punish- 
ed. 



Tearing 
down or de- 
facing banns 
of matrimo- 
ny. 



§ 13. If any person or persons who shall be committed 
to the supervisor of the highways, by virtue of any of the pro- 
visions herein contained ; shall disobey the orders or direc- 
tions of the said supervisor; it shall be lawful for the said 
supervisor, to commit such person or persons to the jail of 
the county, there to remain until the expiration of the time, 
for which such person or persons, may have been sentenced to 
labor on the highway ; and the said supervisor shall endorse 
his order of commitment, on the magistrate's warrant, and 
transmit the same to the jailor, who is hereby directed on the 
receipt thereof, to receive such person or persons, and commit 
him or them accordingly. 

§ 14. If any person or person shall wilfully and mali- 
ciously deface, obliterate, tear down, or destroy, in part, or 
in the whole, any copy or transcript of, or extract from, any 
act or law, passed by the legislature of this Territory, or by 
the legislative authority of the United States, or proclamation 
of the President of the United States, or of the Governor and 
Commander in Chief of this Territory; the same being ofifi- 
cially fixed up in some conspicuous place by public authority, 
for general information ; every person so offending, shall on 
conviction before a magistrate, forfeit, and pay to the use 
of the Territory, for eve- 

(209) 

ry such offence, a sum not exceeding three dollars, besides 
costs, or be set in the stocks, at the discretion of such magis- 
trate, for a space not exceeding three hours ; or in case the of- 
fender shall be unable, or refuse to pay such fine [he being 
fined] then he shall be set in the stocks, for a space not ex- 
ceeding three hours, and be afterwards discharged on paying 
costs only. 

§ 15. If, as aforesaid, any person shall wilfully and 
maliciously deface, obliterate, tear down or destroy, in part, 
or in the whole, any publication of the banns of matrimony, 
or advertisement respecting estrays, or any other notification, 
set up in pursuance of any act or law, now, or which here- 



SMALL CAUSES, 1807 375 

after may be in force within this Territory ; such offender shall 

for every such offence, of which he may be convicted, as afore- How punish- 

said, be set in the stocks for three hours, and pay costs, or ^*^- 

stand committed to prison till the same are paid ; any thing in 

this, or any other act or law, to the contrary, notwithstanding-. 

§ 16. No person in order to raise money, or other prop- No lotteries 
erty for himself or another shall publicly or privately put up ^j^ 
a lottery of blanks and prizes, to be drawn or adventured for, 
or any prize or thing to be raffled or played for; whoever 
shall offend herein, shall forfeit to the use of the Territory, Under what 
the whole sum of money, or property proposed to be raised ^^ ^' 
or gained. 

§ 17. The presiding Judge or Justice in the several Courts to 
courts of law, shall at every fn^'hSgVto 

(210) 



Junes, 



court, give this act in charge to the Grand Jury, as soon as sworn. 

GENl. W. JOHNSTON. 
Speaker pro tempore, of the House of 
Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XXXVHI. 

An Act establishing Courts for the trial of Small Causes. 

§ 1. EVERY action of debt or other demand (except such Whatacti- 

actions as are herein after excepted) shall be, and the same is pns cogniza- 

Die before J. 
hereby made cognizable before any Justice of the Peace or magis- p. & where. 

trate in the township, either where the debt or cause of action 
was contracted, or arose, where the plaintiff resides, or where the 
defendant may be found ; and the said Justices are hereby author- 
ised to hold a court, to hear, try and determine the same, accord- 
ing to law ; and the jurisdiction of every Justice of the Peace 
under this act, shall be co-extensive with the limits of his county, 
and his writs, precepts, and process, authorised by this 



376 



ILLINOIS HISTORICAL COLLECTIONS 



Duty of con- 
stables. 



Teste of pro- 
cess 



Magistrates 
to dismiss 
vexatious 
suits. 



If disinteres- 
ted & not re- 
lated to ei- 
ther party. 



What shall 
be the first 
process. 



(211) 

act, shall run in, and through such county, and may be executed 
therein, but not elsewhere, and the Constables of the several town- 
ships, and they only, shall be ministerial officers of the said court, 
and the Constables of every township in the Territory, to whom 
any warrant shall be directed for service, by any Justice of the 
Peace of the proper county, shall have power and authority to 
execute the same in any township in the county; and it shall be 
their duty to execute and return all precepts, summons, warrants, 
and other process, issuing out of the said court, and to them, or 
any of them directed and delivered ; and to perform all acts 
appertaining to their offices aforesaid ; and all such precepts, sum- 
mons, and other process, shall be tested of the day on which they 
are respectively issued ; and shall be under the hand and seal of 
the Justice issuing the same. 

If the plaintiff brings his suit in any other township, than 
is above directed, for the purpose of harassing the defendant, 
which shall be determined by the Magistrate, before whom the 
suit is commenced ; and it appears to the said Magistrate, that the 
said suit was vexatiously commenced, then he shall dismiss the 
suit, with costs, to the defendant: Provided ahvays, That if there 
is not a Justice of the Peace residing in either of the townships, 
(as above mentioned) of if there is not a Justice of the Peace, 
residing in the said townships, who is disinterested in the event of 

D 2 

(212) 

the suit, or who is not of kin, to either of the parties, in, or within 
the second degree, it shall be lawful for the plaintiff to institute 
his suit before a Justice of the Peace, in any of the adjoining 
townships, in the same county ; and the said Justice is hereby 
authorised to take cognizance thereof, any thing herein contained 
to the contrary notwithstanding. 

§ 2. The first process which shall be issued against any 
defendant, by virtue of this act, shall be a summons or warrant, 
in nature of a capias ad respondendum, as the case may require ; 



SMALL CAUSES, 1807 



2>77 



and the summons shall be used in every case under this act, where 
the defendant is a freeholder within the county, and resides 
therein ; and the summons to be issued, as aforesaid, shall specify 
a certain time, not less than six, nor more than ten days, from the 
date of such process ; and also a certain place, at which the de- 
fendant is to appear ; and shall be served at least three days How to be 
before the time of appearance mentioned therein, by reading the ^^^^^ • 
same to the defendant, and serving him, or her with a copy 
thereof, if required, when the said defendant may be found ; but 
if he, or she, cannot be found, then by leaving a copy thereof at 
his or her house, or place of abode, in presence of some person 
of the family, of the age of ten years, or upwards, who shall be 
informed of the contents thereof ; and the Constable serving such 
summons, shall, on the oath of his office, endorse thereupon the 
time and manner of his executing the same, and shall subscribe 
his name thereto : Provided always, That in 

(213) 

every case in which a summons is made the proper process, by 
this act, if it shall be sufficiently proved on oath, to the satisfac- 
tion of the Justice, that the plaintiff will be in danger of loosing 
his or her demand, unless the defendant be arrested, it shall be 
the duty of the Justice to issue a warrant, in the nature of a 
capias, any thing herein contained to the contrary notwithstanding. 

§ 3. If the defendant does not appear at the time and place 
expressed in such summons, and it shall be found, by the return 
thereon endorsed, that the summons was duly served, and no 
sufficient reason be assigned to the Justice why the defendant 
does not appear ; then the said Justice may proceed to hear and 
determine such cause, in the absence of the said defendant. 

§ 4. The warrant in nature of a capias ad respondendum, 
shall be used in all cases under this act, in which the defendant is 
not a freeholder, within the county, and the Constable serving, or 
executing the same, shall, according to the command thereof, 
forthwith convey the defendant before the Justice who issued the 
same, and the said Justice shall thereupon, either cause the said 
defendant to give bail, for his, or her appearing, and abiding the 
event of the said suit; or on neglect or refusal to give such bail. 



Justices to 
issue war- 
rants in cer- 
tain cases. 



Justices to 
hear & deter- 
mine causes 
in the ab- 
sence of de- 
fendant. 



Against 
whom war- 
rants are to 
be issued, & 
the manner 
of acting 
thereon. 



378 



ILLINOIS HISTORICAL COLLECTIONS 



Justices to 
endorse sum- 
monse & vrar 
rants. 



I*riviledge of 
deft, in pay- 
ing amount 
endorsed. 



Liability of 
constables in 
with-holding 
money. 
After 7 days 

To pay dou- 
ble in action 
case. 



Form of re- 
cog^zance 
of bail. 



shall order the Constable to convey him, or her to the jail of the 
county, there to be kept in custody, until the time appointed for 
the trial of the cause, which shall not exceed three days, from the 
day of the return of the warrant, or the said Justice may 

(214) 

direct the Constable to hold the defendant in his custody, until 
the plaintiff shall have notice and time to attend, and proceed to 
trial ; and the Constable, who served such warrant, shall, on the 
oath of his office endorse thereon the execution thereof, and sign 
his name thereto. 

§ 5. The Justice shall endorse on the summons or warrant, 
before the same is delivered to the constable, the sum demanded 
by the plaintifiP, together with the costs that have accrued, and the 
defendant shall have the priviledge of paying the amount of the 
said demand, and costs so endorsed, without further proceedings 
in the cause ; and it shall be lawful for the constable to receive the 
same, and receipt therefor ; which receipt shall be a full and com- 
plete discharge to the defendant from the said demand and costs ; 
and if the constable shall not pay the money so received, to the 
Justice who issued the process, or if he shall not pay the amount 
of the costs into the hands of the Justice, or the debt or demand, 
into the hands of the plaintiff named in such process, within the 
space of seven days after he may have received the same; then 
the said constable shall be liable to pay to the said plaintiff, or his 
or her legal representatives, double the amount of the said debt 
or demand, to be recovered with costs of suit, by anaction of 
trespass on the case, in any court having cognizance thereof. 

§ 6. The recognizance of bail to be ta- 

(215) 

ken as is above provided, shall be in the following form, to wit : 

Township.) 

County. ) 

"Whereas A B, [naming the defendant] hath been arrested, 
and is in custody, at the suit of C D, [naming the plaintiff,] in 
an action of for the sum [or property to the value] of 



ss. 



SMALL CAUSES, 1807 



379 



now therefore, you O P, [naming the bail] do acknowledge your- 
self special bail in the said action in the sum of dollars, to 
be levied upon your goods and chattels, and for want thereof, 
upon your body, if default be made in the condition of your 
recognizance, which condition is, that the said A B, [naming the 
defendant] shall be and appear before (naming the Jus- 
tice) on the day of next, and if judgment be given 
against him or her, that he or she, shall pay the costs and con- 
demnation money, or surrender his or her body in execution. 
Acknowledged before me one of the Justices of the Peace 
in and for the said county of the day of in the 
year of our Lord one thousand ." 

And every Justice of the Peace is hereby empowered to take 
such recognizance which shall remain with such Justice, for the 
benefit of the plaintiff in the suit; and if the defendant does not 
appear, after such 

(216) 

recognizance entered into, at the time and place specified in the 
said recognizance, and no sufficient reason be assigned to the said 
Justice, why he or she does not appear ; then the said Justice may 
proceed to hear and determine the cause, in the absence of such 
defendant ; and when the parties to any suit, to he instituted by 
virtue of this act, shall appear at the time and place appointed 
for trial, the said Justice shall proceed to hear and examine their 
res]oective allegations and proofs, and shall thereupon give judg- 
ment, with costs of suit, according to the justice and equity of the 
case, unless he shall think it proper, on application of either party 
to adjourn the trial ; which adjournment shall not be made for a 
longer period than seven days, when moved for by the plaintiff, 
nor than for a longer period than fourteen days, when moved for 
by the defendant, except in peculiar cases, where a longer continu- 
ance may be necessary for either party to obtain depositions ; for 
which end the said Justices is hereby authorised, upon good cause 
shewn, to issue a Dedimus, returnable before himself at such time 
thereafter, as he may think reasonably necessary. 

§ 7. When parties agree to enter, without process, before 
a Justice of the Peace, any action herein made cognizable before 



The justices 
to proceed if 
the deft, does 
not appear af 
ter recogni- 
zance. 
Without 
good cause 
shewn to 
give judgt. 
When par- 
ties appear 
proceed to 
trial of cause 
upon equita- 
ble principles 
May grant 
continuance 
7 days for 
pltff. and 14 
for deft. 



May issue de 
dimuss. 

When an ac- 
tion is enter- 



380 



ILLINOIS HISTORICAL COLLECTIONS 



ed by agree- 
ment with- 
out process, 
to proceed to 
judgt. & ex- 
ecution. 



Costs to be 
given deft, in 
case of non 
suit or dis- 
mission. 

When a bal- 
lance appears 
in favour of 
deft. 



To give judg 
ment and a- 
ward exon. 

Parties may 
choose refer- 



Whose re- 
port the J. 
shall receive 
& enter 
judgt. there- 
upon. 

Exon. to be 
granted on 
such judgt. 



him, such Justice shall enter the same on his docket, and shall 
proceed to judgment and execution, in the same manner, as though 
a summons or warrant had been issued, served and returned ; and 
in all actions institu- 

(217) 

ted by virtue of the provisions herein contained, in w^hich the 
plaintiff shall be nonsuited, discontinue or withdraw his or her 
suit, without the consent of the defendant, the said Justice shall 
give judgment for the defendant, for the costs which have accrued. 

§ 8. If in any cause instituted as aforesaid, it shall appear 
at the trial that there is a ballance due to the defendant from the 
plaintiff, then the Justice shall enter up judgment against such 
plaintiff, in favor of the defendant, for the sum so appearing to 
be due, with costs of suit ; and such defendant shall be entitled 
to execution in the same manner, as though such plaintiff had 
been the defendant in the cause. 

§ 9. The parties in every case arising under this act, shall 
have the priviledge of referring the matter in controversy be- 
tween them to referrees, who shall be chosen and mutually agreed 
on between them, and who. after having heard the proofs and 
allegations of the parties, shall make their report in writing to 
the Justice, and the said Justice shall receive and file the same, 
and thereupon enter judgment accordingly. 

§ 10. Where judgment shall be given against the plaintiff 
or defendant under this act, the Justice who gave such judgiiient 
shall grant execution thereupon, returnable to such Justice within 
twenty days, thereafter, commanding the constable to make the 
debt or damasfes and costs, of the sfoods 



(218) 

To operate as and chattels of the party, and for want of sufficient goods and 

fi fa & ca sa 

Constable to 

commit to 

jail. 



Jailor to re- 
ceive & keep 



chattels whereon to levy and make the same, to take the body of 
such party, and to convey him or her to the common jail of the 
county; and the Sheriff or keeper of such jail is hereby required 
to receive the person or persons so taken in execution, and him, 
her or them safely to keep until the sum recovered, and the costs 
of suit be fully paid, and in default of such safe keeping, the said 



SMALL CAUSES, 1807 



381 



Sheriff shall be answerable to the party aggrieved, who shall have 
the same remedy against him as is provided by law in cases of 
escapes. But in case the constable cannot find goods and chattels 
belonging to the party, against whom such execution hath issued, 
sufficient to satisfy the judgment, it shall and may be lawful for 
the party in whose favor such judgment hath been rendered, to 
apply to the Justice for a transcript thereof, whose duty it shall 
be to grant the same, which being filed in the office of the Clerk 
of the court of Common Pleas, in the county in which the recovery 
hath been had ; execution may issue therefrom according to the 
rules and practice of the said court ; and the amount of the said 
judgment, together with the costs of such removal, may be levied 
on the lands and tenements of the party against whom the same 
hath been rendered : Provided ahvays, That no execution shall 
issue from the court of Common Pleas, in manner aforesaid, after 
the party hath been taken in execution, and committed to jail, 
until he or she shall be discharged from imprisonment under such 
execution : And provided 

(219) 

also, That when a judgment shall be obtained against executors 
or administrators, execution shall issue thereon in the same manner 
as it is issued against them in the courts of record within the 
Territory : And provided also, That when judgment shall be ren- 
dered as aforesaid, against a freeholder, no execution shall issue 
thereon until the expiration of thirty days, if the judgment be 
for the sum of six dollars and under, or until the expiration of 
sixty days if the judgment be for any sum over six and under 
twelve dollars ; nor until the expiration of ninety days, if the 
judgment shall be for the sum of twelve dollars and upwards 
from the time of the render of such judgment, unless the party 
in whose favor such judgment hath been rendered, shall make it 
appear on oath or affirmation, to the satisfaction of the Justice, 
that he or she, is in danger of loosing his or her debt, or dam- 
ages, if such delay of execution be allowed, in which case the 
said Justice shall issue execution forthwith, as is herein above 
provided, unless the party against whom execution is moved for 
shall immediately give good and sufficient securitv to the adverse 



On escape 
shff. liable. 

Remedy over 
Remeddy in 
cases where 
the C. return 
nulla bona. 

Transcript 
to be certifi- 
ed to C. P. 



And exon is- 
sued, & levi- 
ed on land. 

Must be first 
released from 
jail. 



Exons. agst. 
exrs. & adm. 
to be issued 
as in other 
cases. 

Exons. agst. 
freeholders 
not to issue 
until expira- 
tion of 30 
days for 6 
dollars. 
60 days for 
12 dollars. 
90 days for 
18 dollars. 
Unless par- 
ty will make 
oath or affir- 
mation of 
danger of loo 
sing debt 
when exon. 
shall issue im 
mediately. 



382 



ILLINOIS HISTORICAL COLLECTIONS 



Unless deft, 
gives securi- 
ty. 



Persons not 
freeholders 
to have stay 
of exon. 
On giving 
special bail. 



party, for the payment of the debt or damages and costs, within 
the space of thirty, sixty, or ninety days, as the case may be : 
And provided also, That if Judgment shall be given as aforesaid, 
against a person who is not a freeholder, such person shall have 
the execution against him or her respited for the like term of 
thirty, sixy or ninety days, 

E 2 

[220] 

as the case may be, on his or her entering into recognizance to 
the adverse party, with one sufficient security, in the nature of 
special bail, conditioned to deliver the body of the said party, to 
the Sheriff of the county, at, or before the expiration of the time 
so to be allowed, or to satisfy the amount of the judgment. 

§ 11. If any defendant who is not a freeholder shall appear 
at the return of the warrant, or shall appear by consent without 
process, and procure a good and sufficient freeholder, resident in 
the county, to join with him or her, in a confession of judgment 
to the adverse party, with costs, then such defendant shall be 
entitled to all the benefits and priviledges which any freeholder 
is entitled to by virtue of this act. 

§ 12. Every Justice before whom an action shall be com- 
menced according to, and by virtue of the provisions contained 
in this act, shall open and keep a book, to be styled his docket, in 
Avhich he shall make fair entries, of the names of the parties to 
every suit institued before him, distinguishing between the plain- 
tiff and defendant, and in which he shall note all the process that 
may issue in the cause, in the order in which it issues, and in 
which he shall state every motion made by either party, and over- 
ruled, or made, objected to, and allowed, and in which he shall 
also enter the judgment, stating the precise amount of the debt 

[221] 

or damages and costs, together with the day on which the said 

judgment was rendered. 
To make up § 13. It shall be the duty of the Justice to make up and 

of costs. tax a bill of costs, in every action instituted before him, according 



A deft, not 
a freeholder 
appearing at 
return of, or 
without war 
rant & obtai- 
ning security 
in confession 
of judgt. be 
entitled to 
stay. 

Justices to 
keeo docket. 
Enter parties 
pltff. & deft. 
Noting pro- 
cess as issued 
State moti- 
ons and rules 
& decisions. 
And enter 
the judgt. & 
date thereof 



SMALL CAUSES, 1807 



383 



to the provisions of the law, ascertaining the fees to be allowed 
in such cases, setting down in said bill, each item, separately and 
distinctly, a true copy of which bill, certified and signed by the 
said Justice, shall be delivered to the party against whom judg- 
ment hath been entered, or left at his or her usual place of abode, 
before such party shall be called upon to discharge or satisfy the 
said judgment, and every Justice who shall issue an execution on 
any judgment, or receive the amount thereof, without having pre- 
viously tendered to the party, against whom such judgment hath 
been rendered, a certified bill of the costs as above provided, or 
without having delivered the same to the constable, to be 
left at his or her usual place of abode, and every Justice who 
shall insert in the said bill of costs any charge for services not 
actually performed, than is allowed by law, shall forfeit and pay 
to the party against whom such bill hath been made and taxed, a 
sum of money equal to the amount of the cost taxed in the said 
suit ; which sum shall and may be recovered with costs, before 
any Justice of the Peace within the county, and the jurisdiction 
of every Justice, for the purpose of prosecuting for, and recover- 
ing such forfeiture, shall be co-extensive with the boundaries of 
the county, any thing herein contained to the contrary notwith- 

[222] 

standing : Provided always, That if the said forfeiture shall ex- 
ceed the sum of eighteen dollars, then the sum may be recoverable 
by action of debt in any court of record within the Territory, and 
not elsewhere. 

§ 14. If any person or persons, shall conceive him her or 
themselves aggrieved by any judgment rendered as aforesaid, it 
shall and may be lawful, for such person or persons, at any time 
within the space of twenty days, next, after the rendering of such 
judgment to appeal therefrom to the court of Common Pleas, next 
to be holden for the county in which such suit hath been tried, 
he, she, or they, first entering into recognizance, with at least one 
sufficient security, in a sum at least double the amount of the said 
judgment, and sufficient to answer all costs, to prosecute the said 
appeal with efifect, and to abide the order which the court of 



stating items 
Making co- 
py & certifi- 
ing same, to 
be delivered 
to the deft, 
or left at u- 
sual place of 
abode. 
J. issuing 
exon. before 
bUl delivered 
or charge for 
services not 
rendered to 
be fined in 
amt. thereof. 



To be recov- 
ered before 
any J. P. 



Penalty to be 
recovered in 
a court of re- 
cord if the 
same exceed 
18 dollars. 

Party aggrie 
ved may ap- 
peal to the 
next court of 
C. P. within 
20 days. 



Entering in- 
to recogni- 
zance with 1 
security. 



384 



ILLINOIS HISTORICAL COLLECTIONS 



J. to send 
transcripts to 
the C. C. C. 
P. by 1st 
days term. 



Proceedings 
to be stayed 
after appeal. 



Provided se- 
curity be gi- 
ven. 

Pltff. not al- 
lowed to ap- 
peal, whose 
original de- 
mand was 
not 2 dollars 

Appellant 
to enterwith 
the C. of C.P. 



PIff. in the 
court below 
to be plff. 
in court a- 
bove. 

Costs in J's 
court to be 
taxed in cost 
above. 



Common Pleas may make therein ; and upon any appeal demanded 
from any such judgment, the Justice who pronounced the same, 
shall send a transcript thereof to the Clerk of the court of Com- 
mon Pleas of the county in which such appeal is made, on or 
before the first day of the term next following, such appeal ; and 
all proceedings before the said Justice, or any process issued by 
him on the said judgment, shall be stayed from the time of de- 
manding such appeal, unless the party demanding the same shall 
refuse and neglect to give the security above required : Provided 
akvays, that no defendant shall be allowed an appeal from a judg- 
ment rendered against him or her, unless the same 

[ 223 ] 

shall amount to two dollars or upwards, without costs, nor shall 
any plaintiff be allowed an appeal, from a judgment rendered 
against him or her, unless his or her original demand against the 
defendant amount to two dollars or upwards, or from any judg- 
ment given for him, or her, unless the original sum demanded by 
him or her, from the defendant, shall exceed the sum recovered, 
by four dollars ; nor shall either party be entitled to an appeal in 
any case in which judgment hath been entered on the report of 
referrees appointed as aforesaid. 

§ 15. At the term to which such appeal shall be made, the 
person so appealing shall cause an entry of the suit to be made by 
the Clerk of such court, and the plaintiff in the court below, 
whether appellant or appellee, shall be plaintiff in the court above ; 
and after such entry hath been made, the suit shall be considered 
in the same light, and the parties shall proceed in all respects in 
the same manner, as though the suit had been originally instituted 
in the said court, and mesne process returned to the term in which 
such entry is made ; and referrence shall be had to the proceed- 
ings in the court below, no further than to include in the judg- 
ment to be rendered in the court above, the costs taxed in the 
court below : Provided, That the costs wich shall accrue for ser- 
vices in the court of Common Pleas, on such appeal, shall be two 
third parts only, of the costs allowed by law for the same ser- 



SMALL CAUSES, 1807^ 



385 



[224] 

vices, in suits originally instituted in the said court. 

§ 16. If the plaintiff after an appeal hath been made and 
entered, as is above provided, shall file a declaration in an action, 
not cognizable by a single Justice, by virtue of this act, the de- 
fendant may thereupon file his or her plea in abatement to the 
jurisdiction of the court; and if it shall appear to the said court, 
that the said Justice had not cognizance of such suit by virtue 
of this act, they shall proceed to enter judgment for the defend- 
ant with costs of suit : Provided, That such judgment shall not 
bar the plaintiff from a recovery in a subsequent action for the 
same cause, instituted in a court having cognizance thereof. 

§ 17, Whenever an appeal shall be demanded in manner 
aforesaid, or a writ of Certiorari shall be presented to a Justice, 
requiring him to certify the proceedings had before him, in any 
cause arising under this act ; it shall be the duty of such Justice 
to make a fair and accurate transcript from his docket of all the 
entries contained therein, relative to the said cause, and to trans- 
mit the same forthwith to the proper court ; and if it shall appear 
that the said Justice hath not made a just and true entry on his 
said docket, of all the proceedings had before him in the cause, 
he may be compelled by a writ of mandamus, to correct and com- 
plete the said entry, and forthwith to certify the same to the 
proper court : and if it shall appear that any Justice hath 

[225] 

altered or changed, or caused, or suffered to be altered or changed, 
the entries made on his docket, in matter of substance, with an 
intent to injure either of the parties, he shall be deemed guilty of 
a high misdemeanor, and on conviction thereof, by indictment, 
shall be fined in a sum. not more than one hundred dollars, nor 
less than fifty dollars, and shall moreover pay the costs of prose- 
cution, and shall stand committed until the fine and fees are paid. 
§ 18. No Justice of the Peace, by virtue of the provisions 
contained in this act, shall institute or sustain, two, or more ac- 
tions or suits between the same parties for demands which are of 



Plea in abt. 
where J. had 
not cogniza- 
nce. 



Proviso. 



Upon appeal 
or certiorari, 
J. to certify 
proceedings. 



And trans- 
mit to court. 



To issue 
writ of man- 
damus 



Penalty on 
J. altering 
docket. 



Where ac- 
tions by con- 
solidation 
may be brot. 
in C. P. 



386 



ILLINOIS HISTORICAL COLLECTIONS 



under what 
penalty. 



When con- 
stables shall 
give bond. 

Condition 
thereof. 



To be hold- 
en for the 
benefit of 
suitors. 



When con- 
ditionbroken 
how to pro- 
ceed. 



such a nature, as by the rules of law may be consolidated in one 
action, under the penalty of eighteen dollars, to be recovered for 
the use and in the name of any person who shall first sue for the 
same, in the same manner as is provided in the thirteenth section 
of this act ; and every judgment recovered against any defendant 
or defendants, by virtue of the provisions herein contained, may 
be pleaded in bar, and such plea may be received in any court 
within the territory, as a complete bar to any subsequent action 
or suit, instituted by the same plaintiff or plaintiffs, against the 
same defendant, or defendants, for any demand due, and owing 
from the same defendant or defendants to the same plaintiff or 
plaintiffs, at the time of instituting the action in which such judg- 
ment shall have been obtained, if the demand on which such 
subsequent action or 

[ 226 ] 

suit shall have been commenced, shall be of such a nature, as by 
the rules of law, might have been consolidated and joined in one 
action. 

§ 19. No constable who does not possess a freehold estate 
of the value of three hundred dollars or upwards, shall be per- 
mitted to serve or execute any process that shall or may be issued, 
under this act, until he hath executed and delivered a bond with 
one good and sufficient freeholder as his security, payable to the 
Sheriff as treasurer of the county in which he resides, in the penal 
sum of three hundred dollars, with a condition that he will faith- 
fully perform the duties of his office, as constable, and that he 
will justly and fairly account for, and pay over all monies, that 
may come to his hands, upon or by virtue of any process issuing 
under this act, according to the provisions thereof, and every bond 
executed and delivered as aforesaid, shall be held for the benefit 
and securit}^ of all suitors in the courts of Justices of the peace, 
of the respective townships or counties ;'and if the condition of 
such bond shall at any time be broken, it shall be the duty of the 
Sheriff on demand made for that purpose, to deliver the said bond 
to the party grieved, who is hereby authorised and empowered to 
institute an action thereon, having first indemnified the said Sheriff 
against all costs that may accrue on such prosecution, and after 



SMALL CAUSES, 1807 



387 



judgment obtained on any bond, executed as aforesaid, the court 
may proceed from time to time, to award 

(227) 

execution against the defendants for money withholden or embez- 
zeled by the said constable, or for penalties recovered against him 
by virtue of the provisions herein contained, until the amount of 
monies levied shall equal the amount of such judgment; Provided, 
That no execution shall issue as aforesaid, until the defendants 
be served with a copy of a rule to shew cause why such execution 
should not be awarded, and if any person or persons shall be 
injured by the illegal conduct of any constable under a colour of 
process issuing under this act, and shall thereupon obtain judg- 
ment against such constable, and goods and chattels cannot be 
found sufficient to satisfy the said judgment, such person or per- 
sons shall have the same remedy against the said constable and 
his security as is herein provided. 

§ 20. This act shall not be construed or understood to ex- 
tend to, or embrace, nor shall any thing herein contained extend 
to, or embrace any action of debt on bonds for the performance 
of covenants, actions for covenants, actions of replevin, or upon 
any real contract, actions of trespass on the case, for trover and 
conversion, or slander, or actions of trespass, viet armis, or actions 
wherein the title of lands shall in any wise come in question. 

§ 21. If any person or persons commence suit, or prosecute 
any suit or suits, for any debt or demand for personal property, 
by this act made cognizable before a Justice of 

F2 

(228) 

the peace in any other manner than is authorised and directed by 
this act, and shall obtain a verdict or judgment therein for debt 
or damages, which without costs of suit shall not amount to 
eighteen dollars, or more, not having caused an oath or afifirma- 
tion to be made before the suing out of the capias or summons, 
and filed in the office of the Clerk of the court from whence such 
process issued, that he, she or they so making oath or affirmation. 



From time to 
time to a- 
ward exon. 



Further rem- 
edy against C 
& security. 

Exceptions. 



Actions not 
cog^nizable 
before a jus- 
tice. 



When pltfif. 
shall not re- 
cover costs. 



388 



ILLINOIS HISTORICAL COLLECTIONS 



No judge of 
C. P. to try 
small causes. 



C. of C. P. 

to appoint 
constable. 



Term of ser- 
vice. 



Oath office. 



did truly believe the debt due, or damage sustained, amounted to 
the sum of eighteen dollars or more ; he, she, or they so prosecut- 
ing, shall not receive any costs in such suit ; any law, usage or 
custom, to the contrary notwithstanding. 

§ 22. No Judge of a court of Common Pleas, of any county 
within this Territory, shall act as a Justice of the Peace for the 
trial of small causes. 

GENl. W. JOHNSTON. 
Speaker pro tempore, of the House of 
Representatives. 
B. CHAMBERS, 

President of tJic Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

(229) 

CHAPTER XXXIX. 

An Act providing for the appointment of Constables. 

§ 1. IT shall be the duty of the court of Common Pleas at 
their term next after the first of March annually, in each and 
every county, to appoint one or more respectable confidential per- 
sons, in each and every township, within their respective counties, 
to serve as Constables ; and the Constables so appointed shall con- 
tinue in office by virtue of such appointment, for the term of one 
year, and so long thereafter as may be sufficient for their success- 
ors in office to have notice of their appointments, take the oath, 
and enter on the duties of their offices : Provided, That nothing 
herein contained shall oblige them to serve as Constables for a 
longer time than three months after the expiration of the term of 
one year as aforesaid. 

§ 2. Every Constable before he enters upon the duties of 
his office, shall take the following oath or affirmation : 

"I do swear, or affirm (as the case may be) that I will faith- 
fully discharge the duties of my office as Constable within the 
county of according to the best of my understanding and 

abilities." 



CONSTABLES, 1807 



389 



His powers 
& duties, 



Which oath or affirmation shall be taken before the court of 
Common Pleas, or before any Justice of the Peace of the said 

( 230 ) 

court ; and the Justice administering such oath, if out of court, 
shall make a certificate thereof and cause the same to be filed with 
the Clerk of said court, by which such Constable shall have been 
appointed ; and it shall be the duty of every Constable as far as 
in him lies, to apprehend, and bring to justice, all felons, and 
disturbers of the peace, to suppress all riots and unlawful assem- 
blies, and to keep the peace within the county to which he shall 
have been appointed, and also to serve and execute all warrants, 
writs, precepts, and other process to him lawfully directed, and 
generally to do and perform all things appertaining to the office 
of Constable within the Territory : Provided ahvays, That nothing 
herein contained shall be construed to require any Constable not 
qualified as is provided in the act entitled, "An act establishing 
courts for the trial of small causes," to serve or execute any 
process that may issue by virtue of the provisions in that act 
contained 

§ 3. Every person who shall be appointed to the office of 
Constable in manner aforesaid, and who shall not within eight 
days after notice of such appointment, take the oath herein pre- 
scribed, and every Constable who having taken the oath afore- 
said, shall neglect, or refuse to perform any of the duties apper- 
taining in the office shall forfeit and pay for every such neglect 
or refusal, the sum of twenty dollars, to be recovered with costs 
of suit, before any court of record within the county in which 
such Con- 

(231) 

stable resides, in the name of any person who will sug for the 

same, the one half to the use of the person so suing, and the other 

half to the use of the county ; Provided always, That no person Proviso. 

shall be liable to the penalty herein specified, for not accepting of 

the appointment of a Constable in the same county, more than 

once in the term of ten years. 



Failing to 
take oath or 
perform du- 
ties how*pu- 
nished & for 
what use. 



390 



ILLINOIS HISTORICAL COLLECTIONS 



Vacancy 
how supplied 



Certified to 
C. P. 



Magistrate 
may appoint 
special con- 
stable. 



Representa- 
tives when & 
where to be 
elected. 



What hour. 



How long o- 
pen each day 



§ 4. When any Constable in any township within this Ter- 
ritory, appointed as aforesaid, shall die, or remove out of the 
township, or shall be otherwise disqualified from holding such 
office, it shall be the duty of any Justice of the Peace in the town- 
ship in which such death, removal, or disqualification shall happen, 
to appoint a Constable to fill such vacancies, and return his name 
to the next court of Common Pleas held for the county ; who shall 
confirm the said appointment, or appoint another ; and the Con- 
stable so appointed shall take the same oath, and be subject to the 
same forfeitures, for neglect of duty, as those appointed by the 
court : Provided nevertheless, That nothing in this act shall be 
construed so as to prevent any Magistrate in the Territory from 
appointing any suitable person to act as Constable in a criminal 
case, or in case of attachments, where there is a probability that 
the criminal will escape, or where goods and chattels are about to 
be removed, if delay is made for the purpose 

(232) 

of applying to the Constable of the township. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XL. 

A Law to regulate Elections. 

§ 1. ALL general elections for Representatives to serve in 
the General Assembly, shall invariably be begun on the first 
Monday in April, bi-annually, and be held at the court house, or 
place of holding courts, in the several counties ; the poll of the 
election shall be opened between the hours of ten and eleven of 
the clock, in the forenoon, and shall be kept open without inter- 
ruption or adjournment, until five of the clock of the afternoon 
of the same first day of the election, when it shall be adjourned 
until ten of the clock of the next morning, when the poll shall 
again be opened, and carried on without adjournment, until five 



ELECTIONS, 1807 



391 



of the clock of the afternoon of the same second clay, when the May be clos- 
poU shall finally close, unless the Judges of the election deem it 

( 2?>Z ) 

advisable to continue the election, or some candidate requires 
them to continue the same; and if the election is to be contin- 
ued, it shall be adjourned until ten of the clock of the next 
morning, when the polls shall again be opened, and continue 
open without adjournment until three of the clock of the after- 
noon of the said third day, and no longer, when the election 
shall close, and the Judges of the said election, shall then 
proclaim the person or persons (if more than one are to be 
elected) highest in number of votes duly elected. 

Provided always, That when through any casualty, the 
governor's writ of election does not reach the Sheriff of any 
county, previous to the hour of opening the poll of the election, 
then the electors thereof shall have the right to elect the same 
number of representatives, which they were entitled to agree- 
ably to their last return trasmitted to the governor. 

§ 2. The Sheriffs of the several counties, shall and they 
are hereby authorised and required, each to take to his assistance 
two of the Judges of the court of common Pleas for their re- 
spective counties, ten days before the commencement of any 
general election, and two days before any occasional election, 
which two Judges together with the Sheriff, shall be Judges 
of all elections for representatives to serve for their respective 
counties in the general assembly; and if any Sheriff shall be 
absent by reason of sickness or other disability, when the 
poll is 

( 234 ) 

to be opened, his deputy by him specially appointed shall act 
in his stead ; and if the aforesaid Judges, or either of them 
are absent, whether wilfully, or by reason of sickness, or other 
disability, when the poll is to be opened, the sheriff shall sup- Absence of 
ply his or their place ; by chusing from among the freeholders gunliied °^ 
present, one or more, who shall supply the place of such ab- 



When final- 
ly closed. 

Judges to 
proclaim per- 
sons elected. 

When writ 
of election 
not in time. 



Who shff. to 
take as assist- 
ants. 



Judges of e- 
lection. 



In case of 
the absence 
of sheriff. 



392 



ILLINOIS HISTORICAL COLLECTIONS 



Neglect or 
refusal to 
serve to be 
fined and to 
what use. 



Judges to ap 
point 2 poll 
keepers. 
To take an 
oath. 



Form. 



Duty of poll 
keepers. 



sent Judge or Judges : and if any shall refuse or neglect to 
discharge the duties by this act of him required; whereby any 
county may be deprived of its full representation in the legis- 
lature of this Territory; for every such offence, he shall forfeit 
and pay the sum of five hundred dollars, to the use of the 
county, to be recovered by indictment, in any court to be held 
in such county, wherein the same may be cognizable. 

§ 3. The aforesaid Judges of the election, shall appoint 
two poll keepers, who, previous to any vote being received, 
shall severally take an oath or affirmation before any Justice 
of the peace of their respective county. 

The oath or affirmation of the poll keeper shall be: 
"I, A B, do solemnly swear, or affirm, that I will truly 
keep the poll of this election to commence here this, (here in- 
sert the day, month and year) for a member or members, as 
the case may be, to represent this county of 
(here insert the county) in the General Assembly of this 
Territo- 

( 235 ) 

ry, and that I will deliver fair and perfect entries thereof to 
the Judges of the same election, at the close thereof to the 
best of my abilities." 

It shall be the duty of the several poll keepers raspectively 
to attend in the election room during the time that votes are 
received, and to enter the names of all voters, in columns, under 
the names of the person or persons, for whom they respec- 
tively vote, and at the close of the election, to number the 
votes which every person voted for has received, and there 
and then deliver their respective books of entries, with their 
names respectively thereto subscribed, to the Judges of the 
election : And whereas doubts have arisen in that part of the 
ordinance for the government of this Territory which relates 
to the qualifications of electors of Representatives ; therefore 
for the purpose of obviating all doubts thereon, and to secure 
the right of suffrage to every person who according to the 



ELECTIONS, 1807 



393 



true intent, spirit, and meaning of the ordinance, aforesaid, is Dubts respec 
entitled thereto; It is therefore enacted, That every free male Q^aifficad-'^^" 
inhabitant of the age of twenty one years, resident in the on of electors 
Territory, and who hath been a citizen of any state in the 
union, or who hath been two years resident in this Territory, 
and holds a freehold in fifty acres of land within any county 
of the same, or any less quantity in the county in which he 
shall reside, which, with the improvements made there- 

G 2 

(236) 

on, shall be of the value of one hundred dollars, or who has 
paid for, and in virtue of a deed of conveyance for further 
assurances from a person vested with the fee, is in actual 
possession of fifty acres of land, subject to taxation in the 
county, in which he shall be resident, shall be, and are hereby 
declared to be duly qualified electors of representatives, for 
the counties in which they are respectively resident. 

§ 4. Every elector shall vote once, and no more, in any 
election for representatives; and the manner of voting shall 
be by the elector at any time while the poll of the election is 
open, to approach the bar in the election room, and addressing 
the Judges of such election in his proper person, in an audable By viva 
voice, to be heard by the Judges of the election, and poll keep- voice, 
ers thereof, to mention by name the person or persons, to the 
number of representatives to which such county may be en- 
titled; and the poll keepers, shall enter his vote accordingly; 
and then he shall withdraw, 

§ 5. At the time and place of holding elections, and before Shff. to adv, 
the poll begun, the Sheriff shall affix at the outer door of the P^^^^- 
house in which the election shall be held, a notice in writing, 
expressing the number of representatives to be elected at the 
ensuing election, and the names of the persons whom he hath 
selected as assistant Judges thereof ; and previous to any votes 
being received, the assistant Judges shall 



Each elector 
to vote one. 



394 



ILLINOIS HISTORICAL COLLECTIONS 



Assistant 
judges to 
take oath. 

Form. 



To preserve 
order and re- 
ceive votes. 



Administer 
oath. 

Inspect poll 
& proclaim. 

In occasion- 
al elections 
writ towhom 
directed. 



(237) 

severally take an oath (or affirmation) before some person quali- 
fied to administer oaths. The oath or affirmation of an assist- 
ant shall be, 

"I, A B, do solemnly swear (or affirm) that I will duly 
attend the ensuing election, throughout the continuance of 
the same, and that I will truly assist the other Judges thereof, 
to the best of my ability, according to law, and that I will 
endeavour to prevent all fraud, deceit, and abuse in carrying 
on the same." 

It shall be the duty of the Judges of the election to pre- 
serve order and regularity in conducting the said election, to 
receive the votes of all persons who to them may appear to 
be duly qualified electors, and where they entertain doubts, 
they may interrogate such person on oath, touching his quali- 
fications as an elector; and it shall be their further duty to 
observe that the poll is fairly kept, and at the close of the 
election to proclaim the person or persons (if more than one 
are to be elected) highest in votes, duly elected. 

§ 6. When any writ of any occasional election shall be 
issued by the Governor, in case of the death or removal from 
office, of any representative, the same writ shall be directed to 
the Sheriff of such county respectively, for which such repre- 
sentative, who is dead, or removed from office, shall have been 
elected ; and the Sheriff on re- 



Notice of e- 
lection. 



Shff. & judg- 
es to give 
certificate at 
tested by poll 
keepers. 



(238) 

ceiving the writ, shall forthwith give due and publick notice, 
throughout the county ten days before holding such election, 
and the same shall be holden within twenty days after the 
writ of election is received by the Sheriff, and conducted in 
like manner aforesaid. 

§ 7. The Sheriff and other Judges of the election, shall de- 
liver to every person proclaimed duly elected, a certificate of his 
election, signed with their names, and attested by the poll keepers ; 
and the Sheriff shall cause a fair copy of the poll certified by the 



ELECTIONS, 1807 



395 



poll keepers, and the writ, (when it has come to his hand in due 
time) certified by himself, otherwise a certificate of the proceed- 
ings for want of such writ, to be forthwith transmitted to the 
ofiice of the Secretary of the Territory; and shall, within twenty 
days from the close of the election, deliver dupHcates of the poll, 
and writ, or other certificate to the Clerk of the court of Common 
Pleas, of the proper county, who shall carefully preserve the same. 
§ 8. If any candidate, or elector of the proper county, who 
choose to contest the validity of any election, or the right of any 
person proclaimed duly elected in any county, to his seat in the 
Legislature ; such person shall give notice in writing to the person 
whose election he means to contest, or leave a written notice 
thereof, at the house where such person last resided, within ten 
days after such election, expressing the 

(239) 

points on which the same shall be contested, and shall within the 
same time give notice to the coroner of the county, who shall 
thereupon summons two Judges of the court of Common Pleas of 
the same county, other than those who were Judges of the elec- 
tion, who shall be severally obliged to attend under the penalty of 
fifty dollars. The said Coroner shall appoint a place and time for 
the said two Judges of the pleas as aforesaid, to meet within the 
said county, which shall be within twenty days after the election ; 
the said two Judges and every of them, shall have power to 
issue subpoenas, and compel the attendance of all persons required 
to give evidence, under the penalty of fifty dollars, to be levied 
on each and every delinquent, who hath been duly served with 
process ; and the said two judges so met, shall hear and certify 
under seal all testimony relative to the said contested election, to 
the house of representatives at their next session. 

No person shall contest any election unless he is an elector 
of that county in which the election is held, nor shall any testi- 
mony be received which does not relate to the point specified in 
the notice : Copies attested by the person who delivers or leaves 
said notices, shall be delivered to the said Judges of the pleas. 

§ 9. All persons elected, or appointed to serve in either 
branch of the Legislature, and 



Copy of polls 
& writ trans- 
mitted to se- 
cretary's of- 
fice. 

Duplicates 
&c to elk. of 
C. P. to be 
preserved. 

When elec- 
tions are 
contested no- 
tice to be 
given there- 
of Within 
10 days. 



To state 
points. 

2 J's C. P. 

to attend. 
To appoint a 
place and 
time for 
meeting. 
Penalty on 
neglect. 
Judges to 
compel the 
attendance 
of witnesses 

What pen- 
alty. 

To certify to 
H. R. 

Contestors 
must be elec- 
tors in the 
county. 
What testi- 
mony to be 
received. 
Members to 
attend upon 



396 



ILLINOIS HISTORICAL COLLECTIONS 



the call of 
gov. 

Penalty on 
neglect. 

Unless body 
to which he 
belongs re- 
mits. 

Members 
may be ex- 
pelled, for 
what, and 
how. 
Proviso. 



Treating or 
bribing how 
punished. 



Sham con- 
veyances to 
be forfeited. 



Penalty on 
persons recei 
ving sham 
conveyance. 



ShfF. judges 
& poll keep- 
ers to receive 
comption. 



(240) 

consenting thereto, shall be obliged to give due attendance, at such 
time and place as may be directed by the governor, having re- 
ceived previous and timely notice of their respective elections or 
appointments, under the penal sum of one hundred and fifty dol- 
lars, to the use of the territory : unless for good cause shewn, the 
house to which he is elected or appointed a member, shall remit 
the same or any part thereof. 

§ 10. Each house or branch of the legislature, shall have 
the right of expelling its own members, for disorderly behavior 
or transgressing the rules : Provided, That no member shall be 
expelled without the concurrence of two thirds of the members 
present ; and no member shall be questioned a second time for the 
same ofifence. 

§ 11. No candidate or other person for him shall attempt 
to obtain votes by bribery or treating, with meat or drink ; and 
any person so offending, shall be incapable of holding a seat in 
either branch of the legislature for the space of two years, next 
thereafter ; or if any person in order to obtain votes, either for 
himself or any favorite candidate, shall make any sham convey- 
ance of land, title or lease of land to any person with an intent 
of enabling him to vote ; every person so offending, by making 
such sham conveyance, title, bond or lease, shall on conviction 
thereof, forfeit for every such offence, the land so pretended to 
be conveyed, sold or leased, to the Territory; 

(241) 

and every person so offending, by receiving any such sham con- 
veyance, title, bond or lease, shall on conviction, forfeit the value 
of the land so pretended to be held, by such pretended conveyance, 
title, bond or lease to the use of the Territory. 

§ 12. For all services done in pursuance of this act. in con- 
ducting the elections and making return thereof the by clerk of 
the court of Common Pleas, Sheriff, assistant Judges of elections, 
and poll keepers respectively in any county, a reasonable com- 
pensation shall be allowed by the court of Common Pleas of such 
county respectively, who are hereby directed at any time to make 



ELECTIONS. 1807 



397 



such reasonable allowance, as the said court deem proper, to be 
paid out of the county funds. 

§ 13. No Sheriff, under Sheriff, Clerk of any court, or 
person holding a commission during pleasure, directly under the 
United States or this Territory, except Justices of the Peace, and 
militia officers, shall be eligible to a seat in either branches of the 
legislature. 

§ 14. There shall be four election districts established in 
the county of Dearborn, to wit: All that part of the said county 
lying north of the south line of the twelfth township, first and 
second ranges, shall be one district ; the second district shall com- 
mence at the south line of the twelfth township, and to extend 
down White Water to the centre of the ninth 

( 242 ) 

township, of the said first and second ranges ; the third district 
shall commence at south line of the second district, and to extend 
to the place where the meredian line between the state of Ohio, 
and this Teritory crosses White Water ; and all that part of the 
said county lying west of a line drawn a due north course from 
the mouth of Grants creek, shall make the fourth district. 

§ 15. For the purpose of carrying the above section into 
more complete operation and effect, the high sheriff of the county, 
shall appoint his deputies and assistants, to act in the said several 
districts, who shall severally have the same power, in opening 
and closing the election, in their said districts, as is given to the 
Sheriff of the county by the second section of this act, and the 
returns from the said deputies shall be severally made by them 
to the said high Sheriff within fifteen days after holding the said 
election. The two last sections of this act shall continue in force 
for one year and no longer. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS. 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



Persons not 
eligible as a 
legislator. 



election dis 
tricts in 
Dearborn. 



High S£f. to 
appoint de- 
puties. 

Their power 
and duty. 



continuation 



398 



ILLINOIS HISTORICAL COLLECTIONS 



Firing woods 
&c. fined & 
in what sum. 



How paid. 



To make 
good all da- 
mages. 



Servantshow 
punished. 



Proviso. 



What time 
to fire prai- 
ries. 



(243) 

CHAPTER XLI. 
An Act regulating the firing of Woods, Prairies and other Lands, 

§ 1. WHOSOEVER shall at any time, except as is herein 
after excepted, wilfully or negligently set on fire or cause to be 
set on fire, any woods, prairies or other grounds, whatsoever 
within this Territory, and being thereof legally convicted by the 
oath or affirmation of one or more credible witnesses, in any court 
having cognizance of the same, shall pay a fine not exceeding 
one hundred dollars, nor less than five dollars ; the one half of 
which to be paid to the person prosecuting for the same and the 
other half to the use of the county wherein the offence shall have 
been committed. 

§ 2. When any person or persons so offending, shall there- 
by occasion any loss, damage or injury to any othe person or 
persons, every person so offending, shall be, and is hereby de- 
clared liable to make good all damages to the person or persons 
injured, with costs of suit, in any court having cognizance of the 
same. 

When any servant or servants shall offend against the tenor 
of this law, and being duly convicted of the same, except his, her 
or their master or mistress shall pay the fine herein above pro- 
vided, with damages and 

H 2 

( 244 ) 

costs for said oft'ence, then such servant or servants, so oft'ending, 
shall be whipped not exceeding thirty-nine stripes, at the discre- 
tion of the court having cognizance thereof. 

§ 4. Nothing in in this act shall be so construed as to pre- 
vent any person or persons from setting on fire any rubbish, 
leaves or brush, on his, her or their farms or plantations as often 
as occasion may require, if the same be done without damage to 
the property of any other person or persons : Provided also, That 
nothing in this act shall be so construed, as to prevent any person 
or persons from setting on fire prairies or cleared land, between 



MILITIA, 1807 



399 



the first day of December and the tenth day of March, if the 
same be done without damage, as aforesaid. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(245) 

CHAPTER XLII. 

An Act establishing and regulating the Militia. 

§ 1. EACH and every free, able bodied white male citizen 
of the Territory who is, or shall be of the age of eighteen years, 
and under the age of forty-five years, except as is herein after 
excepted, shall severally and respectively be enrolled in the militia 
by the captain or commanding officer of the company within whose 
bounds such citizen shall reside, within twenty days next, after 
such residence ; and it shall at all times hereafter, be the duty of 
such captain or commanding officer of a company to enrol every 
such citizen as aforesaid, and also those who may from time to 
time, arrive at the age of eighteen years, or being of the age of 
eighteen years, and under the age of forty-five years, except, as 
is herein after excepted, shall come to reside within his bounds, 
and shall without delay notify such citizen of the said enrollment, 
by a proper non-commissioned officer of the company, by whom 
such notice may be proved ; and every citizen so enrolled and 
notified, shall within six months thereafter, provide himself with a 
good musket, a sufficient bayonet and belt, or a fusee, two spare 
flints, a knapsack and a pouch, -with a box therein, to contain not 
less than twenty four catridges, suited to the bore of his musket 
or fusee, each catridge to contain a proper quantity of powder 
and ball, or a good rifle, knap- 

(246) 

sack, pouch and powder horn, with twenty balls suited to the 
bore of his rifle, and a quarter of a pound of powder; and every 



Persons lia- 
ble to mili- 
tia duty. 



To be enrol- 
led by com- 
manding of- 
ficers of co's. 



How armed. 



400 



ILLINOIS HISTORICAL COLLECTIONS 



Commission- 
ed officers 
how armed. 



To appear in 
uniform. 

Color, how 
determined. 



Arms, &c. 
exempted 
from all sei- 
zures. 



What per- 
sons exempt 
from militia 
duty. 



Militia how 
divided. 



enrolled person shall so appear armed, accutred and provided, 
when called out to muster, or into service, except when called out 
on company days, to exercise only, he may appear without a knap- 
sack: The commissioned officers shall severally be armed with a 
sword or hanger, and espontoon ; and it shall be the duty of each 
officer, non-commissioned officer and each militia man, when ever 
they shall meet for the purpose of mustering to appear in some 
cheap uniform, the colour and form of which shall be determined 
by a board composed of the commissioned officers of each regi- 
ment, who shall meet for that purpose, on or before the first day 
of March, next, or at any time thereafter, when the colonel of 
each regiment shall direct ; and the officers and men of the said 
regiment shall within six months after the said meeting, provide 
themselves with the uniform, as directed by the said board. 

Every citizen so enrolled, and providing himself with arms, 
amunition, uniform and accoutrements, required as aforesaid, shall 
hold the same exempted from all suits, distresses, executions or 
sales for debt, damages, or the payment of taxes. 

§ 2. The Judges of the supreme court, the attorney gen- 
eral, the Clerk of the supreme court of the Territory, all ministers 
of the gospel, licensed to preach according to the rules of their 
sect, all keepers of jails, and 

( 247 ) 

such other persons, as are exempted by the laws of the United 
States, shall be and are hereby exempted from militia duty. 

§ 3. The militia of the Territory shall be divided into divi- 
sions, brigades, regiments, battalions and companies ; each division, 
brigade and regiment shall be numbered and a record of such 
numbers made in the adjutant-general's office, and when in the 
field or in service in the Territory, each division, brigade or regi- 
ment, shall res]:)ectively take rank according to their numbers, 
reckoning the first or lowest number the the highest in rank ; each 
division shall consist of two brigades ; each brigade of not less 
than two, nor more than four regiments ; each regiment of two 
battalions ; each battalion of four companies, and each company 
shall consist of sixty-four privates : Provided ahvays, That if local 



MILITIA, 1807 



401 



circumstances should require it, a company may be formed of 
forty, or extended to eighty rank and file. 

§ 4. The militia of the Territory, shall be officered as fol- Andofficer'd 
lows, to wit: To each division there shall be one major general, 
who shall be allowed two aid de camps, with the rank of major; 
To each brigade one brigadier general, with one brigade inspector, 
to serve as brigade major, with the rank of major, to be appointed 
by the brigadier general, from among the commissioned officers 
of his brigade ; to each regiment one lieutenant colonel command- 
ant; to 

(248) 

each battalion one major, and to each company one captain, one 
lieutenant, one ensign, four sergeants, four corporals, one drum- 
mer, and one fifer. The regimental staflf shall consist of one ad- 
jutant, one quarter master, and one paymaster, to be chosen from 
among the subaltern officers, if fit persons can be found; one sur- 
geon, one surgeon's mate, one sergeant major, one quarter mas- 
ter sergeant, one drum major, and one fife major. 

§ 5. There shall be attached to each brigade, one company of 
artillery, and one troop of horse, when in the opinion of the 
brigadier general, the said companies, or either of them, can, with 
convenience, be raised and equipped within his brigade. — To every 
company of artillery, there shall be one captain, two lieutenants, 
four sergeants, four corporals, six gunners, six bombardiers, one 
drummer, and one fifer, and not less than twenty, nor more than 
thirty matrosses ; the non commissioned officers, shall be armed 
with a sword or hanger, and each private, or matross, shall be 
furnished with a fusee, bayonet and belt, with a cartridge box, to 
contain twelve cartridges. — And to each troop of horse there shall 
be one captain, two lieutenants, one cornet, four sergeants, four 
corporals, one saddler, one farrier, one trumpeter and not less 
than thirty, nor more than sixty privates. 

The commissioned ofificers shall furnish themselves with good 
horses, saddles, and holsters, and be armed with a sword, and 

(249) 

pair of pistols ; and each dragoon, shall provide himself with a 



One com'ny 
of artillery & 
one troop of 
horse to be 
attached to 
each brigade 

How armed 
& officered. 



402 



ILLINOIS HISTORICAL COLLECTIONS 



To be form- 
ed by volun- 
teer enlist- 
ments. 



Companies 
of light in- 
fantry grena- 
diers and ri- 
flemen to be 
raised. 



By volunta- 
ry enlist- 
ments. 



At the age 
of 28 to be 
enrolled in 
the district 
companies. 



servicable horse, a good saddle, holsters, a bridle, a mail pillion, 
and valice, a breast plate and crupper, a pair of boots, and spurs, 
and be armed with a sabre, and pistol, or pair of pistols, and car- 
tridge box, to contain twelve cartridges for pistols. Each com- 
pany of artillery, and troop of horse, shall be formed of volun- 
teers from the brigade, and be enlisted by the officers commanding 
them, and shall be uniformly cloathed in regimentals, furnished 
at their own expense, the colour and fashion to be determined by 
a board to be composed of the officers of each of the said 
companies. 

§ 6. And whereas it will be of great utility and advantage, 
in establishing a well disciplined militia, to annex to each battalion 
a light company, to be formed of young men, from the age of 
eighteen to twenty-eight years, whose ability and domestic cir- 
cumstances, will admit of a frequency of training, and who will 
be in a state of readiness in all cases of emergency, not practicable 
or convenient for the militia in general, and their returning to the 
main body, on their arrival at the latter period, will be giving 
thereto a military pride, and experience from which the best of 
consequences must result ; Therefore it is enacted, That the Gov- 
ernor shall appoint and commission one captain, one lieutenant, 
and one ensign, to each battalion; and the said company shall be 
distinguished by the denomination 

( 250 ) 

of grenadier, light infantry, or rifle men, at the discretion of the 
commanding officer of the brigade. Every person belonging to 
the said light companies, shall wear, while on duty, such caps and 
uniforms, as the field officers of the regiment shall direct, to be 
purchased by such companies at their own expence. And the 
officers of such light companies shall after qualifying in the man- 
ner hereafter directed, proceed to raise their companies, by vol- 
untary enlistments, any where within the bounds of the battalions, 
to which they may be attached, of young men, as before directed ; 
and as the men of such light companies, shall, from time to time 
arrive at the age of twenty eight years, the captain shall make 
report thereof to the commanding officer of the battalion, who 



MILITIA, 1807 



403 



shall order them to be enrolled in the district company they may 
respectively live in, and the deficiency shall be supplied by a new 
enlistment. The companies shall, in all respects, be subject to the 
same regulations and orders as the rest of the militia, except as is 
hereinafter excepted. 

§ 7. The commanding officers of regiments, battalions, and 
companies, in each county, shall, on the first day of May next, 
meet at their respective court houses, there to divide the counties 
into districts, for the purpose of forming the regiments, battalions 
and companies, by this act established, which district so laid ofif, 
shall be designated by certain lines and bounds, to be by them 
established, and which shall be 

(251) 

recorded by the Judge Advocate, as Clerk of each regiment : Pro- 
vided always, That if emigration, into any of the company dis- 
tricts, shall render it necessary to form new districts, so as to affix 
to each district, its proper number of effective mulitia, it shall be 
the duty of the captain of each company, which shall have in- 
creased above the proper number, to notify the commandant of 
the battalion, to which such company belongs, thereof ; who shall 
give the like information to the commandant of his regiment, 
whose duty it shall be to cause a meeting of the commanding offi- 
cers of the companies of such battalion, or regiment (as the case 
may be) from which such new company is to be taken, at the most 
convenient place in the battalion, or regiment, as soon as may be ; 
and the officers so met, shall proceed to divide such district, in 
case it contains a sufficient number of effective men, so as to form 
two companies, or otherwise to take from the several adjoining 
districts, such parts as they can spare, without reducing the orig- 
inal company, or companies, below their proper quota, and thereof 
form one new company. 

§ 8. No person shall be eligible to a command in the militia, 
who is not a citizen of the United States, and has not resided 
twelve months in this Territory. 

§ 9. Every officer commissioned by virtue this act, shall, 
previous to his entering on the duties of his respective office, take 
the oath 



Counties in 
what man- 
ner divided 
into districts 



When new 
districts shall 
be formed. 



Maimer 
thereof. 



Requsites to 
a command. 



Commission- 
ed officers 
before they 



404 



ILLINOIS HISTORICAL COLLECTIONS 



act what ne- 
cessary. 



Rank of offi- 
cers how de- 
termined. 



Regimental 
standards to 
be provided. 



Ad. gen. his 
duty. 



I 2 

( 252 ) 

of allegiance to the United States, and the following oath or 
affirmation, to wit : 

''I do solemnly swear (or affirm as the case may be) 

that I will faithfully and justly execute the duties of a in 

the militia of the Territory, according to the best of my abilities — 
so help me God." 

Which oath or affirmation, shall be endorsed on the back of 
the commission by the person administering the same. 

§ 10. All commissioned officers shall take according to the 
date of their commissions, and when two or more of the same 
grade be of equal date, then their rank to be determined by lot 
to be drawn by them before the commanding officer of the brigade, 
regiment, battalion, company, or detachment. 

§ 11. Each battalion and regiment, shall be provided with 
regimental standards, with the number of the regiment inscribed 
on the same, by the field officers ; and each company with the regi- 
mental colours, with the number of the company in such regiment 
inscribed thereon ; a drum and fife, by the commissioned officers 
of the company, in such manner as shall hereinafter be directed. 

§ 12. There shall be an adjutant general appointed in the 
Territory, whose duty it shall be to distribute all orders from the 
commander in chief of the Territory, to 

(253) 

the several corps ; to attend all public reviews, when the com- 
mander in chief shall review the militia, or any part thereof ; to 
obey all orders from him, relative to carrying into execution, and 
perfecting the system of military discipline, established by this 
act ; to furnish blank forms of the different returns that may be 
required, and to explain the principles on which they should be 
made ; to receive from the several officers of the different corps 
throughout the Territory, returns of the militia, under their com- 
mands, reporting the actual sitution of the arms, accoutrements 
and ammunition, their delinquencies, and every other thing which 
relates to the general advancement of good order and discipline : 



MILITIA, 1807 



405 



all which the several officers of the divisions, brigades, regi- 
ments, and battalions, are hereby required to make in the usual 
manner, so that the said adjutant general may be duly furnished 
therewith ; from all which returns he shall made proper abstracts, 
and lay the same immediately before the commander in chief of 
the Territory: Provided always, That the adjutant general of the 
militia of this Territory, shall be, ex officio, inspector general of 
the same. 

§ 13. It shall be the duty of the brigade inspector to attend 
all musters of officers, within his brigade, to exercise and examine 
them : to note delinquencies, and return the same, forthwith to 
the lieutenant colonel of the regiment to which they belong; to 
attend the regimental and battalion meetings 

(254) 

of the militia composing their several brigades, during the time 
of their being under arms ; to inspect their arms, ammunition, 
cloathing and accoutrements ; superintend their exercise, and ma- 
noeuvres, and introduce the system of military discipline, pointed 
out in the twenty fifth article for the government of the militia, 
described throughout the brigade, agreeable to law, and such 
orders as they shall from time to time, receive from the com- 
mander in chief of the Terrritory, or the commander of the brigade, 
for the time being; to make returns to the adjutant general of 
the Territory, twice in every year, the first on or before the first 
day of August, and the second on or before the first day of 
December, of all the militia of the brigade to which he belongs, 
reporting therein the actual situation of the arms, accoutrements, 
cloathing and ammunition of the several corps, and every other 
thing, which in his judgment may relate to their government, and 
the general advancement of good order and military discipline. 

§ 14. And whereas it will be productive of very considerable 
advantages to the disciplining of the militia to have frequent 
meetings of the commissioned and non commissioned officers of 
each regiment, or battalion. It is therefore hereby enacted. That 
the commissioned and non commissioned officers of each regiment, 
or battalion, at the discretion of the colonel of each regiment, shall 
meet at some convenient place as near 



Brigd inspr. 
his duty. 



Officers to 
meet and ex 
ercise. 



406 



ILLINOIS HISTORICAL COLLECTIONS 



(255) 



Capts. to 
appoint ser- 
gents. 



Persons refu- 
sing to serve 
fined. 



Captains to 
divide co's. 



Persons mo- 
ving from 1 
Co. to ano- 
ther, what 
necessary. 



as may be, in the centre of each battalion or regiment, to be 
pointed out by the colonel thereof, as often as he may think ex- 
pedient, not exceeding six days in every year, for the purpose of 
being trained and instructed by the brigade inspector, for the 
space of five hours each day. 

§ 15. It shall be the duty of each captain after having 
enrolled his company as directed by this law, to appoint four per- 
sons to his company as sergeants, giving each his rank of first, 
second, third, and fourth sergeant, and also four persons as cor- 
porals, giving to each his rank of first, second, third and fourth 
corporal, giving his company notice thereof, and shall report the 
said appointments to the commandant of the regiment, who shall 
thereupon make out his warrants to such non-commissioned offi- 
cers accordingly, and they are to be obeyed and respected as such ; 
and if any person or persons, on receiving due notice of any such 
appointment, shall refuse to perform the duties of the office to 
which he or they are appointed, such person or persons shall be 
returned to the next court of enquiry, by his or their captain, to 
be fined as this law directs. 

§ 16. It shall be the duty of the commanding officers of 
each and every company so enrolled, forthwith to divide his com- 
pany into divisions by ballott, from one to eight, for the purpose 
of a regular rotine of duty, when called into actual service, and 
shall re- 

( 256 ) 

turn a roaster of such division, with the rotative number attached 
to each class within fifteen days, to the commanding officer of 
his battallion, who shall forthwith transmit the same to the com- 
mandant of the regiment, who shall order the same to be recorded 
by the judge advocate as clerk thereof. 

§ 17. Every militia man removing out of the bounds of one 
company to another, shall apply to the commanding officer of the 
company he is removing from, who shall give him a discharge, 
certifying the class to which he belongs, which certificate the said 
militia man shall produce to the captain or commanding officer of 



MILITIA, 1807 



407 



the company in the district in which he shall next settle, within 
ten days after his settlement ; and the said captain or commanding 
officer is hereby required to enroll him in the class specified in said 
certificate ; and on failure of any militia man, obtaining a certifi- 
cate in manner aforesaid, and presenting the same as before 
directed, the captain or commanding officer of the company to 
which he shall remove, is hereby required to enrol such delinquent 
the foremost in the first class for duty, notifying him thereof, and 
that he must hold himself in readiness to perform any duty by this 
act required. 

§ 18. There shall be private musters of each company of 
cavalry, artilery, grenadiers, light infantry and reflemen, once in 
every two months, at such time and place 

(257) 

as the commandant thereof shall appoint, except in the months of 
December, January, February and March in every year ; and every 
other company formed by virtue of this act, once in every two 
months except, as before excepted, to be appointed by the com- 
manding officer thereof, at, or as near as may be, the centre of 
the company district ; there shall be a muster of each battalion in 
the month of April in every year, which shall be appointed by the 
commanding officers of the respective regiments, who shall fix on 
the most suitable place, as near as may be to the centre of the 
battalion district, and shall superintend the exercise, and direct the 
evolutions that shall be performed ; and there shall be a muster 
of each regiment in the month of October, in every year, which 
shall be appointed by the brigadier general or commanding officer 
of the brigade to which such regiment belongs, at, or as near as may 
be, to the certre of the regimental district, and shall be made under 
the superintendance and direction of the brigadier general or 
commander of the regiment ; which company, battalion and regi- 
mental muster, shall continue one day each, and no longer. 

§ 19. The brigadier generals, or commanding officers of 
brigades, shall cause notice in writing of the times and places of 
the said musters, to be given to the commanding officers of regi- 
ments, at least twenty five days ; the commanding officers of regi- 
ments, shall give notice of the regi- 



Co. musters, 
how often to 
be holden. 



Batrallion 
musters. 



Regimental 
musters. 



Notice of 
musters when 
& how given 



408 



ILLINOIS HISTORICAL COLLECTIONS 



Divisions & 
brigades how 
made and of- 
ficer'd. 



Hour of 
muster. 



Of roll call. 



Delinquents 
how noted & 
returned. 



Roll of com- 
missioned of- 



( 258 ) 

mental and batalion musters, to the commanding officers of the 
battalions at least twenty days ; the commanding officers of bat- 
talions shall give notice to the rigimental and battalion musters to 
the commanding officer of companies at least fifteen days ; and the 
captains or commanding officers of companies shall give notice of 
the regimental, battalion and private musters to the individuals 
of their respective companies, by themselves or sergeants, at least 
five days before such regimental, battalion or company muster, (as 
the case may be) shall be holden; the notices to be given by the 
commanding officers of brigades, regiments and battalions, shall be 
in writing, and delivered to the person or persons, or left at the 
usual place of his, or their abode, by such commanding officers, 
themselves, or such other officer, or officers as they may think fit 
to order ; and the commanding officers of companies, shall have 
power to assign to each sergeant of their respective companies, his 
due proportion thereof, whose duty it shall be to give the notice 
before directed to that portion of the company to him assigned, 
which may be done by personal summons or by leaving notices in 
writing at the usual place of abode of the person so to be notified. 
§ 20. The militia of the Territory shall be divided into divi- 
sions and brigades, at 

(259) 

the discretion of the commander in chief of the militia. 

,§ 21. Every officer and soldier shall appear, at his respective 
muster field, on the day appointed by eleven o'clock ; and at every 
muster, each captain, or commanding officer of a company, shall 
direct the first sergeant of his company, in his presence to call 
the roll, at half past eleven o'clock precisely, examine every person 
belonging thereto, and note down all delinquencies occuring there- 
in, and make return thereof as well as of the strength of the 
company, numl^er of rifles, muskets, bayonets, fusees &c. on 
parade, to the commanding officer of his battalion, within ten days 
after any such regimental, battalion, or company muster ; and 
every commanding officer of a battalion, shall, at his regimental or 
battalion muster, (as the case may be) at the hour on which the bat- 



MILITIA, 1807 



409 



Certificates 
to accompa- 
ny returns. 



talion is to be formed, in like manner, proceed to call the names ficers when 
of the commissioned officers of his battalion, examine and note *^^^^"' 
■down all delinquencies, and make return thereof together with 
those reported from commanding officers of companies, to the 
commanding officers of the regiment, to which he belongs, within 
fifteen days next succeeding such battalion or regimental muster, 
(as the case may be) who shall lay the whole' before the court 
hereafter appointed to take cognizance, and determine on them, 
and to 

K 2 



(260) 

each of the said returns shall be annexed the following certificate, 
to wit : 

"I do certify, that the returns hereunto annexed, 

contain all the delinquencies which have occurred in my company, 
(or battalion as the case may be) since my last return." 

And to the battalion returns shall be added, 

"And that the reports which accompany them, are all which 
have been made by the commanding officers of companies within 
my battalion. 

§ 22. The commanding officers of each regiment, within 
twenty days next after a muster of his regiment, or of the bat- 
talions of the same, shall cause the adjutant of his regiment to 
make out a complete return of the same, (agreeably to such forms 
as shall be furnished by the adjutant general, noting particularly 
its strength, and number of arms) to the inspector of the brigade. 

§ 23. The commissioned officers of the first battalion in each 
rigiment, shall meet on the second Tuesday ; and the commis- 
sioned officers of the second battalion of each regiment shall meet 
on the second Thursday next after each regimental or battalion 
■muster, as near as may be in the centre of the battalion, to be 
appointed by the lieutenant colonel, at the battalion or regimental 
muster ; and public notice thereof gi- 



Adjutants to 
make returns 
&c. 



Court of en- 
quiry and as- 
sessment how 
formed. 



(261) 



ven, to the battahon or battalions, whilst on parade; a majority 



410 



ILLINOIS HISTORICAL COLLECTIONS 



Form of the 
oath. 



Delinquen- 
cies by 
whom laid 
before court 



By a colonel. 



Major. 



Captain. 



of whom shall form a court of enquiry and assessment of fines ; 
and it shall be the duty of the lieutenant colonel commandant, to 
preside at such board, and in case of his absence by sickness or 
otherwise, the next officer in rank shall preside. The said court 
shall take the following oath, to be administered by the senior 
officer present, and afterwards by any any other officer of the 
board to him, to wit : 

"I do solemnly swear or (affirm as the case may 

be) that I will truly and faithfully enquire into all delinquencies 
which appear on the returns to be laid before me, and will assess 
the fines thereon, as shall seem just, without partiality, favour or 
affection, so help me God." 

The lieutenant colonel commandant or commanding officer of 
the regiment shall then lay before the said court all delinquencies, 
as directed by this act, whereupon they shall proceed to hear and 
determine on them. 

§ 24. And for enforcing obedience to this act, the following 
forfeitures and penalties shall be incurred for delinquencies, 
to wit: 

By a lieutenant colonel commandant, or commanding officer 
of a regiment, for failing to take any oath, to direct his adjutant 
to summons any court or board, to deliver any commission or com- 
missions, to appoint 

(262) 

a regimental or battalion muster, to give information of the places 
of holding courts of enquiries, to attend the same, to report de- 
linquencies, to attend a battalion or regimental muster, or a muster 
of officers, to appoint the staff officers to his regiment, not less 
than ten, nor more than one hundred dollars. 

By a major, or commanding officer of a battalion, for failing 
to take an oath, to attend any court or board, to give notice of any 
regimental or battalion muster, to examine and train his battalion, 
to report delinquencies, to make a return, or to attend a muster of 
officers, he shall forfeit and pay any sum not less than eight, nor 
more than eighty dollars. 

By a captain or commanding officer of a company as the case 
may be, for failing to take an oath, to attend any court or board. 



MILITIA, 1807 



411 



to enrol his company, to appoint private musters, to give notice 
of a regimental or battalion muster, to attend any muster armed, 
to examine and exercise his company, as is by the twenty-fifth 
article directed for the government of the militia, to call his roll, 
and report delinquencies, to make any return, or appoint non com- 
missioned officers as directed by this, act he shall forfeit and pay 
any sum not exceeding fifty nor less than five dollars : 

For every such offence by a subaltern officer, for failing to Subaltern, 
take an oath, to attend 

(263) 

any court or board, to attend any muster armed, as is by this act 
directed, for every such offence or neglect, he shall forfeit and 
pay any sum not exceeding forty, nor less than four dollars : 

By a non-commissioned officer, for failing or neglecting to 
attend any muster of officers, to attend any muster of his com- 
pany, to serve if appointed as a non-commissioned officer, for the 
term of one year, to take charge of any part of his company, or 
march them as directed, for every such offence or neglect, he shall 
forfeit and pay any sum not exceeding twenty, nor less than two 
dollars : 

By a private man for failing or neglecting to attend a regi- Private, 
mental or battalion muster, armed and equipped as directed by 
law, shall forfeit and pay any sum not exceeding six dollars, nor 
less than one dollar and fifty cents ; to attend a muster of his 
company at the time and place appointed in manner aforesaid, 
during the whole time the same is on parade, any sum not exceed- 
ing three dollars, nor less than one dollar. 

§ 25. The fathers shall be bound for the payment of fines, 
incurred by their sons under the age of twenty one ; guardians for 
the payment of fines incurred by their wards, and masters for the 
payment of fines incurred by their apprentices, and be charged 
therewith by the collectors of fines accordingly. 



Fines on per- 
sons under 
21 by whom 
paid. 



(264) 

§ 26. Any court of enquiry for good cause shewn, may How fines 
remit fines assessed by the court preceding the same, and in such !JJ^Zgj^ ^^" 
case, it shall be the duty of the judge advocate as clerk, to certify 



412 



ILLINOIS HISTORICAL COLLECTIONS 



By whom & 
in what man 
ner collected 



How fines 
shall be ap- 
propriated. 



the same to the collector of fines, who shall thereupon not collect 
such fine or fines, or refund the same if collected. 

§ 27. All fines to be assessed by virtue of this act, shall be 
collected by the provost martial of each regiment, who shall exer- 
cise the duties of collector thereof ; and it shall be the duty of 
the president of the court martial, which hears and determines 
upon the fines and forfeitures which may accrue under this act, to 
deliver to the provost martial, as collector, as aforesaid, a certified 
list of all the delinquencies therein, on or before the first day of 
J anuary in every year, and take his receipt therefor ; which shall 
be lodged by the said provost martial in the office of the sheriff 
of the county, as treasurer thereof, within twenty days after he 
received the same, taking his receipt therefor ; and he shall de- 
liver within ten days after receiving the sheriff's receipt, a dupli- 
cate thereof to the lieutenant colonel of his regiment ; and the 
provost martial, as collector, as aforesaid, shall collect and account 
for all fines, placed in his hands as aforesaid, on or before the 
first day of November in the same year ; and on failure, the sheriff 
of the county, on giving him twenty days previous notice, shall 
obtain judgment and execution for the same 

( 265 ) 

with costs, and ten percentum interest on the amount, from the 
time the same became due ; and should any person so charged with 
fines, fail to make payment on or before the fifteenth day of June 
in any year, the provost martial collector, as aforesaid, is hereby 
authorised and required, by warrant of the president of the court 
martial, which he is hereby authorised to issue, to make distress 
and sale therefor, in the same manner as is directed in the collec- 
tion of taxes : Provided ahvays, That any provost martial, collec- 
tor, shall be credited by his list of delinquents, and insolvents to 
be first examined by the court or courts of enquiry within his 
county. 

§ 28. All monies paid into the sheriff's hands, as treasurer, 
in manner aforesaid, shall be appropriated, first, to the purpose of 
procuring the necessary number of drums, fifes and colors, and 
secondly, the remainder, if any, to pay the different officers, 



MILITIA, 1807 



413 



directed to be paid by this law, subject to the orders of the courts 
of enquiry, countersigned by the lieutenant colonel. 

§ 29. If any militia man shall make it appear to the satis- 
faction of the officers of the company to which he belongs, that 
he is unable to furnish or equip himself, as by this law is directed, 
and the said officers satisfying the succeeding court of enquiry 
thereof it shall be in the power of such court, to remit any fine 
that may have been imposed by 

( 266 ) 

virtue of this law, and to grant such militia man exemption from 
such fines, until he shall be enabled, in the opinion of the officers 
of his company, to furnish and equip himself agreeably to this law. 

§ 30. If any bystander at a regimental, battalion or com- 
pany muster, shall insult or otherwise molest, any officer or sol- 
dier whilst on parade, the commanding officer of the regiment, 
battalion, troop, or company, as the case may be, may order such 
person or persons to be put under guard, for any time not 
exceeding six hours, and to pay a fine not exceeding four dollars, 
which shall be collected as other militia fines are. 

§ 31. When ever it may be necessary to call into actual 
service, any part of the militia, on an actual or threatened inva- 
sion of this Territory, or of any of the neighboring states, it shall 
and may be lawful for the Governor to order into actual service 
such part of the militia, by classes, as the exigency may require : 
Provided, That the part so called doth not exceed four classes of 
the militia, of the brigade or brigades so called out : And provided 
also. That such brigade or brigades shall not be again called into 
actual service, until an equal number of classes of the militia of 
the other brigade or brigades, respectively, be first called ; unless 
the danger of an invasion from the Indians or others should make 
it necessary to 

(267) 

keep in reserve the militia of such brigade or brigades for their 
immediate defence. 

§ 32. All orders for the militia to be called forth as afore- 
said, shall be sent to the commanding officers of brigades, with a 



Persons una- 
ble to equip 
according to 
law &c. 



By standers 
on parade in- 
sulting an of 
ficer or soldi- 
er how to be 
proceeded 
with. 



Gov. empow 
ered to call 
forth the mi- 
litia. 



Not to ex- 
ceed 4 classes 
at one time. 



414 



ILLINOIS HISTORICAL COLLECTIONS 



Governor to 
forward his 
orders to the 
brigadier ge- 
nerals. 

Brig. gen. 
failing in his 
duty. 

Militia how 
to be classed. 



The order of 
classing com- 
missioned of- 
ficers. 



Field officers 
routine of 
command 
&c. 

Term of ser- 
vice & how 
relieved. 



notification of the place or places of rendezvous, who shall im- 
mediately take measures for detaching the same, with the neces- 
sary number and rank of officers, and if any brigadier general 
shall fail herein, or fail or neglect to comply with any of the duties 
of him required by virtue of this act, he shall forfeit and pay 
any sum not exceeding one thousand dollars, to be assessed by a 
general court martial. 

§ ZZ. Each battalion, or regiment of the Terrritory shall be 
divided into eight classes, (preserving to each man his original 
class) all troops of horse, and flank companies, whether grena- 
diers, light infantry, or rifle men, shall be called into service by 
companies, or detachments, and not by classes, and the first 
flank company shall make part of the first call, and the second 
flank company shall make part of the fifth call of the militia, and 
be commanded by their own proper officers. 

§ 34. To the end the militia, when called by classes, shall 
be properly officered, 

L 2 

(268) 

the following order is hereby directed and enjoined, that is to say: 
For the 1st draft, the 1st ct. 2d. It. & 4th en. 



2d 


do 


2d do. 


1st do. 


3d do. 


3d 


do 


3d do. 


4th do. 


2d do. 


4th 


do 


4th do. 


3d do. 


1st do. 


5th 


do 


5th do. 


6th do. 


8th do. 


6th 


do 


6th do. 


5th do. 


7th do. 


7th 


do 


7th do. 


8th do. 


6th do. 


8th 


do 


8th do. 


7th do. 


5th do. 



Non-commissioned officers to take tour of duty with the 
commissioned officers, and the routine of the field officers shall 
be according to the date of their respective commissions ; the first 
colonel of the brigade shall command the first detachment, if it 
amounts to a colonel's command, if it does not, the command shall 
devolve on the first major, liable to serve three months and no 
longer ; and to be relieved by the class next in numerical order, 
the relief to arrive at least two days before the expiration of the 



MILITIA, 1807 



415 



term of the class to be relieved ; but nothing herein contained shall 
prevent the Governor, or any commanding officer of a county, 
from employing, or calling out a part or the whole of any class, 
or any companies, regiment or regiments, without respect to this 
rule, whenever the exigency is too sudden to allow the assembling 
of the militia, which compose the particular classes, and the service 
of the persons so called out, shall be accounted as a part of their 
tour of duty. 

( 269 ) 

§ 35. When any detachment of the militia shall be called 
into service, the captain of each company shall take care that his 
proportion of men are assembled, and marched to the proper place 
of parade or rendezvous, under the care of a commissioned officer 
or sergeant, with a list of the men; which list shall be delivered 
to the adjutant of the regiment, whose duty it shall be to attend 
at the place appointed, to receive the detachment from the several 
companies of his regiment; and he shall make out a roll of the 
whole, mentioning the rank of the officers, and names of the non- 
commissioned officers and privates ; and when the detachment shall 
be completed, and placed under the proper officer, he shall attend 
them to the place appointed for the meeting of the detachment of 
the brigade, when the several adjutants shall deliver to the brigade 
major, or inspector, or officer appointed to command the whole 
detachment, a complete roll containing the names of the commis- 
sioned, and non-commissioned officers and privates, composing the 
detachment from each regiment, or battalion, noting such remarks 
as circumstances may require; and it shall be the duty of the 
officer appointed to the command of said detachment, to cause 
two complete rolls to be made out and certified under his hand, 
one of which rolls he shall forthwith transmit to the adjutant 
general, and the other to the brigade inspector. 

§ 36. It shall and may be lawful for any person called to 
do a tour of duty, to send a 

(270) 

sufficient substitute, such substitute being approved of by the 
captain, or commanding officer of the company, which he shall be 



When the 
militia may 
be called in- 
to service o- 
ther than by 
classes. 



Capts. their 
duty when 
the militia 
are called in- 
to service. 



Adjutant his 
duly. 



Officer com- 
manding a 
detachment 
his duty. 



When a per- 
son called 
ont may send 
substitute. 



416 



ILLINOIS HISTORICAL COLLECTIONS 



Condition 
thereof. 



When im- 
pressment of 
articles may 
be mde. 



When lost 
&c. indem- 
nification to 
be made to 
the owners. 



offered to serve in : Provided always, That persons serving by 
substitute as aforesaid, if said substitute be called in his own 
turn, into actual service, before the time expires which he was to 
serve for his employer, that then the person procuring such sub- 
stitute, shall march or find a person to march in his substitute's 
turn, (to be accepted as aforesaid,) or be liable to pay his fine for 
neglect, which fine is to be recovered in the same manner as is 
directed in the case of any militia man neglecting or refusing to 
do a tour of duty, and that sons who are not subject to the militia 
law, may be admitted as substitutes for their fathers, to be ac- 
cepted as aforesaid. 

§ Z7. The lieutenant colonel of each regiment, from which 
detachments are drawn shall, if not otherwise to be obtained, cause 
to be procured by impressment, for each company, a waggon, 
team, and driver, or a sufficient number of pack horses, six axes, 
and six camp kettles, or pots of convenient size ; all which shall 
be delivered to the commanding officer of the company, who shall 
be accountable for returning the same when his tour is over ; and 
the articles aforesaid, shall be returned to the owner, who shall 
be allowed for the use, damage and detention, of the same, what- 
ever shall be adjudged by a court of enquiry of the regiment ; and 
to the end, that if any arti- 

( 271 ) 

cles impressed be lost, the owner may be paid for the same ; the 
lieutenant colonel shall cause all property by him impressed, by 
virtue of this act, to be valued by three householders, or any two 
of them on oath, before the same shall be sent away ; shall give 
such owner a receipt for the same, stating the quantity, quality 
and value of the property impressed, together with a certificate 
of the appraisers : and upon proof being made of any article being 
lost, the valuation thereof shall be allowed, and the said allowance 
shall be certified to the auditor of public accounts ; the said court 
shall make enquiry into the cause of such loss, and if it shall 
appear that such loss was occasioned by the misconduct or inat- 
tention of any officer, the brigade inspector is hereby authorised 
and required, to prosecute a suit against such officer, to recover 
damages for the use of the Territory. 



MILITIA, 1807 



A\7 



§ 38. If any sudden invasion shall be made, or threatened 
to be made, into any county or district within this Territory, by 
Indians, or any other power, the commanding officer of the militia 
of such county or district, is hereby authorised and required, to 
order out the whole, or such part of the militia of his county or 
district, as he may think necessary, in such manner as he may 
think best for the repelling such invasion ; and shall call on the 
commanding officers of the adjacent counties or districts for such 
aid as he may conceive necessary, who shall forthwith in like 
manner, furnish the same, 

(272) 

and for assembling the militia required upon such occasions, or 
by order of the executive, the same measures shall be taken to 
summons them as is directed in the case of musters ; and it shall 
be the duty of every commanding officer of a county or district, 
on receiving information of the intended invasion of his, or any 
neighboring county or district, forthwith to convey information 
of the same by special messenger or otherwise, to the governor of 
the Territory for the time being, that he may make the necessary 
arrangements to repel the same. 

§ 39. If any suit or suits shall be brought or commenced 
against any person or persons for any thing done in pursuance 
of this act, the action shall be laid in the county where the cause 
of such action did arise, and not elsewhere; and the defendant or 
defendants, in such action or actions to be brought, may plead the 
general issue, and give this act and the special matter in evidence ; 
and in case the plaintiff or plaintififs, in any such action, shall fail 
in supporting the same, he, she or they, so failing, shall pay to 
the defendant or defendants, in every such action double costs. 



Command- 
ing officer of 
a county up- 
on actual or 
threatened 
invsiasion 
how to pro- 
ceed. 



Persons pro- 
secuted un- 
der this law 
how plead. 



Pltff. failing 
to pay dou- 
ble costs. 



§ 40. The following articles, rules and regulations shall Articles. 



govern the militia of this Territory, to wit: 

Art. 1. — If any field or other commissioned officer, at any 
regimental review, or on any other occasion, when the regiment, 

(273) 

battalion or company to which he may belong, or in which he may 
hold a command, is paraded in arms, shall misbehave or demean 



Commissi- 
oned officers 
for misbeha- 
vior hov/ pn- 
nished. 



418 



ILLINOIS HISTORICAL COLLECTIONS 



Non-com- 
missioned of- 
ficers & pri- 
vates misbe- 
having &c. 



Lieut, col. 
refusing to 
give orders 
&c. 



How punish- 
ed. 



Capt. refu- 
sing &C. 



How punish- 
ed. 

Non-com- 
missioned of- 
ficers &c. 

Penalty on 
capt. for ne- 
glect of duty 



himself in an unofficer like manner, he shall for such offence be 
cashiered, or punished by fine, at the discretion of a general court 
martial as the case may require, in any sum not exceeding sixty 
dollars : 

And if any non-commissioned officer or private, shall on any 
occasion of parading the company to which he belongs, be drunk 
or shall disobey orders, or shall use any reproachful or abusive 
language, to his officers, or any of them, or shall quarrel or pro- 
mote any quarrel among his fellow soldiers, he shall be disarmed 
and put under guard by the commanding officer, or officers present, 
until the company is dismissed, and shall be by a regimental court 
martial fined not more than twenty dollars, nor less than one 
dollar. 

Art. 2. — If the lieutenant colonel or commanding officer of 
any regiment or battalion, shall neglect or refuse to give orders 
for assembling his regiment or battalion, at the direction of the 
commander of the brigade to which he belongs, or in case of an 
invasion of the county or district to which such regiment or bat- 
talion belongs, he shall be cashiered and punished by fine not ex- 
ceeding six hundred dollars, at the discretion of of a general court 
martial : 

And if a commissioned officer of any com- 

(274) 

pany, shall on any occasion neglect or refuse to give orders for 
assembling the company to which he belongs, or any part thereof, 
at the direction of the lieutenant colonel or commanding officer 
of the regiment to which such com.pany belongs, he shall be cash- 
iered and punished by fine not exceeding two hundred dollars, at 
the discretion of a brigade or general court martial : 

And a non-commissioned officer offending in such case shall 
be fined at the discretion of a regimental court martial, in any 
sum not exceeding twenty dollars. 

Art. 3. — If any captain or commanding officer of a company, 
shall refuse or neglect to make out a list of the persons, noticed to 
perform any tour of duty, and send or convey the same to the 
lieutenant colonel, or commanding officer of the regiment, to which 



MILITIA, 1807 



419 



such company may belong, or if he shall fail to call forth such 
officers and men as shall from time to time be legally called from 
his company, upon any call from the governor on an invasion or 
insurrection in the county or district, or requisition from an adja- 
cent county or district, or failing on any such occasion to repair 
to the place of rendezvaus ; for such neglect or refusal he shall 
be cashiered, or fined at the discretion of a general court martial, 
in any sum not exceeding one hundred dollars, nor less than five 
dollars. 

(275) 

Art. 4. — If any militia man shall desert while he is on a tour 
of duty, he shall be fined not exceeding fifty dollars, and be 
obliged to march on the next tour of duty, under the same pen- 
alties as the first. 

If a non-commissioned officer shall so desert, he shall be de- 
graded and placed in the ranks, and shall pay a fine not exceeding 
seventy five dollars, and be obliged to serve another tour as a 
private. 

Art. 5. — Every general court martial, shall consist of thirteen 
members exclusive of a judge advocate, all of whom shall be com- 
missioned officers, not under the rank of captain, and the officer 
highest in rank shall preside. 

Art. 6. — Every regimental court martial, shall be composed 
of five members, all commissioned officers, one of their number a 
president, not under the rank of a captain. 

Art. 7. — All members of a court martial are to behave with 
decency and calmness, and in giving their votes are to begin with 
the youngest in commission. 

Art. 8. — No officer shall be tried but by a general court mar- 
tial, nor by officers of an inferior rank, if it can be avoided, nor 
shall any proceedings or trials be carried on except between the 
hours of eight o'clock in 

M 2 

(276) 

the morning and three o'clock in the afternoon, excepting in cases 



Desertion 
punished. 



Genl. court 
martial. 



Regmtl. 
court marti- 
al. 

members to 
vote &c. 



Officers how 
tried. 



420 



ILLINOIS HISTORICAL COLLECTIONS 



Judge adv. 
how ro pro- 
secute 



Persons und'- 
er guard. 



Of court 
martials &c. 



Members of 
a court mar- 
tial to take 
an oath. 



By whom ad 
ministered. 

Judge advt. 
to take an 
oath. 



which in the opinion of the officer appointing the court requires 
an immediate example. 

Art. 9. — The judge advocate shall prosecute in the name of 
the Territory, but shall so far consider himself as counsel for the 
prisoner, as to object to any leading question, to any witness, or 
any question to the prisoner, the answer to which might lead to 
criminate himself. 

Art. 10. — When a non-commissioned offficer, or private is 
confined under guard, his crime shall be lodged with the officer of 
the guard, within twelve hours after the prisoner's confinement, 
otherwise the prisoner shall be set at liberty. 

Art. 11. — In every court martial not less than two thirds of 
the members must agree in every sentence, for inflicting any pun- 
ishment, otherwise the person charged shall be acquitted. 

Art. 12. — The president of each and every court martial, 
whether general or regimental, shall require all witnesses in order 
to the trial of ofifenders, to declare on oath, or affirmation, that 
the evidence they shall give, is the truth, the whole truth, and 
nothing but the truth, and the members of all such courts, shall 
take an oath or affirmation as follows, to wit: 

(277) 

"I do solemnly swear, or affirm, as the case may 

be, that I will hear and determine according to evidence, to the 
best of my understanding, and the custom of war in like cases, 
between the Indiana Territory, and now to be tried, and 

that I will not disclose the opinion of this court, until approved 
or disapproved by the commanding officer, or commander in chief, 
as the case may be, and that I will not at any time discover or 
disclose the opinion of any particular member unless called upon 
to give evidence thereof by a court of justice, in due course 
of law." 

Which oath shall be administered by the judge advocate to 
the president and members. 

Art. 13. — The judge advocate shall be appointed by the com- 
mandant of each regiment, who shall hold his appointment during 
the pleasure of the said commandant, and shall take the following 



MILITIA, 1807 



421 



oath, or affirmation, which shall be administered by the court 
martial, to wit: 

"I do swear, or affirm, as the case may be, that I 

will faithfully execute the office of judge advocate to this court 
now met for the trial of to the best of my abilities and 

understanding, and the custom of war in like cases, and that I will 
not disclose nor discover the opinion of this court martial, until 
appro- 

(278) 

ved or disapproved of by the commanding officer, and that I will 
not at any time disclose or discover the vote or opinion of any 
member, unless called upon by a court of justice to give evidence 
thereof in due course of law." 

It shall be the duty of the judge advocate, to prosecute for 
the Territory, and to keep a record of the whole proceedings of 
the court, taking into view the depositions of witnesses that may 
be introduced ; and he shall also exercise the duties of Clerk to 
the regiment. 

Art. 14. — The commandant of each regiment shall appoint a 
provost martial for his regiment, who shall hold his appointment 
during the pleasure of said commandant ; It shall be his duty to 
summon all witnesses, having received process for that purpose 
from the president of courts martial ; to execute the orders of the 
court, and keep bystanders from interrupting the court, while sit- 
ting, and he shall exercise the duties of collector of fines and 
forfeitures. 

The judge advocate and provost martial, shall be allowed such 
compensation as the court martial may direct, to be paid out of 
the fines ; and it shall be their duty to attend any court of enquiry, 
or court martial, when thereto required, by the commandant of 
their regiment. 

(279) 

And all persons called as witnesses, in any case before a 
court martial, who shall refuse to attend and give evidence, shall 
be censured, or fined, at the discretion of the court, in any sum 
not exceeding fifty dollars. 



His duty. 



Provost mar- 
tial his duty. 



Witness re- 
fusing to at- 
tend how pu- 
nished. 



422 



ILLINOIS HISTORICAL COLLECTIONS 



Officers 
transgress- 
ing rules &c 



Col. injuring 
a non-com- 
missioned of- 
ficer or pri- 
vate what 
proceedings 
thereon &c. 



If by a capt. 
how to pro- 
ceed. 



The person 
tried, enti- 
tled to a co- 
py of sent. 



Court marti- 
al its power. 

Of pardon & 
mitigation 
of fines &c. 



Art. 15. — No officer or private, being charged with trans- 
gressing these rules, shall be suffered to do duty in a regiment, 
company or troop, to which he belongs, until he has had his trial 
by a court martial, and every person so charged, shall be tried as 
soon as a court martial can conveniently be assembled. 

Art. 16. — If any non-commissioned officer or private, shall 
think himself injured by his lieutenant colonel, or the commanding 
officer of the regiment, and shall upon due application made to 
him, be refused redress, he may complain to the brigadier, who shall 
direct the commissioned officers to enquire into the nature of the 
complaint ; and if they report that the person complaining in their 
opinion, has been injured, the brigadier general shall then direct 
the brigade inspector, at a certain time and place to summons a 
general court martial, for the purpose of doing justice to the 
person complaining ; and shall also direct the brigade inspector, to 
give the person complained of, at least eight days previous notice 
of the time and place of the meeting of any such court martial. 

Art. 17. — If any non-commissioned of- 

(280) 

ficer or private, shall think himself aggrieved by his captain, or 
other superior in the battalion, troop or company, to which he 
belongs, he may complain to the commanding officer of the regi- 
ment, who shall cause his adjutant to summons a regimental court 
martial, for doing justice according to the nature of the case. 

Art. 18. — The party tried by any generrl court martial, shall 
be entitled to a copy of the sentence, and proceedings of such 
court martial, after the decision on the sentence, upon demand 
thereof made by himself, or by any other person or persons in 
his behalf, whether such sentence be approved of, or not. 

Art. 19. — No penalty shall be inflicted at the discretion of a 
court martial, other than degrading, cashiering or fining. 

Art. 20. The commanding officer for the time being, shall 
have full power of pardoning, or mitigating any censures or pen- 
alties so ordered to be inflicted, on any private or non-commis- 
sioned officer, for the breach of any of these articles, by a general 
court martial ; and every offender convicted as aforesaid, by any 



MILITIA, 1807 



423 



regimental court martial, may be pardoned, or have the penalty- 
mitigated by the lieutenant colonel, or commanding officer of the 
regiment, excepting only where such censures or penalties are 
directed as satisfaction for injuries received by an officer, or pri- 
vate, from another; but 

( 281 ) 

in case of officers, such sentence to be approved of by the com- 
mander in chief of the militia, who is empowered to pardon or 
mitigate such sentence, or disapprove of the same. 

Art. 21. — If any commissioned officer, shall at any time or 
upon any occasion, behave in an unofficer like, ungentlemanly, or 
disgraceful manner, the commander in chief, if the person accused 
be a major general ; the general of division, if a brigadier gen- 
eral ; the brigadier, if a field officer ; or the lieutenant colonel, or 
commanding officer of a regiment, if an inferior officer as the 
case may be, upon the application of a commissioned officer, may 
appoint a board of three officers, to enquire into the matter of 
complaint, and if upon their report it shall appear to him deserv- 
ing of trial, then, and in such case, he shall direct a court martial, 
whose proceedings herein, shall have the same effect as if the 
offence had been committed when on actual duty. 

Art. 22. — The militia on the days of training, may be de- 
tained under arms, on duty in the field, any time, not exceed- 
ing six hours : Provided, They are not kept above three hours 
under arms at any one time, without being allowed to refresh 
themselves. 

Art. 23. — All fines that shall be incurred by any of these 
rules, shall be paid to the Sheriff as Treasurer of the county, 
in which the offender resides, (whose receipt 

( 282 ) 

shall be a discharge for the same) within sixty days after they 
become due, bnt in case of neglect or refusal to pay any of the 
said fines, they shall be levied and collected in manner herein 
before directed. 



Commission- 
ed officers 
misbehav- 
ing &c. how 
proceeded a- 
gainst &c. 



Hours of pa- 
rade. 



Fines to 
whom paid, 
militia when 
called into 
actual serv. 



424 



ILLINOIS HISTORICAL COLLECTIONS 



Rules of dis- 
cipline estab- 
lished by con 
gress to be 
observed &c. 



Baron Steu- 
ben's instruc 
tions &c. 



On a call for 
a tour of du- 
ty what no- 
tice &c. 



Art. 24. — The militia of this territory whilst in actual 
service, shall be subject to the same rules and regulations as 
the federal army; and shall receive the same pay and rations 
as is allowed by the United States, to the militia when in 
actual service : Provided, That upon any transgression or of- 
fence of a militia man whether officer or private, against the 
rules and regulations of the federal army, the cause shall be 
tried and determined by a court martial of the militia of this 
territory, if the same can be convened. 

Art. 25. — The rules of discipline approved and established 
by congress in their resolution of the twenty ninth of March 
one thousand seven hundred and seventy nine, shall be ob- 
served by the militia throughout this territory, except such 
deviations from said rules, as may be rendered necessary by 
the requisitions of the acts of congress, or some other unavoid- 
able circumstances : it shall be the duty of every commanding 
officer at every training whether by regiment, battalion or sin- 
gle company to cause the militia to be exercised and tained 
agreeably to the said rules, and the instructions laid down by 
the baron Steuben, and annexed to the said rules of discipline, 
pointing out 

(283) 

the respective duties of the officers, non-commissioned officers 
and privates, are recommended and enjoined upon the militia 
of this Territory, as particularly and fully as if the said in- 
structions were repeated and expressed in this act at length; 
and it shall be the duty of every captain to instruct his non- 
commissioned officers accordingly. 

Art. 26. — If any militia man, on receiving three days 
previous notice thereof, shall neglect or refuse to be in readi- 
ness to march on any tour of duty, armed, cloathed, and 
equipped, as required by this act, he shall forfeit and pay a 
sum not more than one hundred dollars, nor less than eight 
dollars, for every month he is required by law to serve on such 
tour, to be assessed (on proper proof thereof made) by a regi- 
mental court martial : Provided ahvays, That if any militia 



PRIVILEGES, 1807 



425 



man shall be sick, or make any other just or satisfactory ex- 
cuse to the court martial ; such fine shall not be assessed but 
such militia man shall be obliged to perform a tour of duty, on 
the next call of the militia. 

Art. 27. — The foregoing articles shall 

N 2 

(284) 

be read at all regimental and battalion musters by order of the Articles to 
commanding officer. ^^^ 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XLHI. 

An Act defining and regulating Privileges in certain cases. 



Members of 
the leg^isla- 
ture exempt 
from^ arrest. 



§ 1. THE members of the Legislative Council and House 
of Representatives, and the Secretaries, Clerks, Serjeant at Arms, 
Door Keeper, and messengers of either branch of the General 
Assembly, shall be privileged from arrest, during the sitting of 
the Legislature, or of the branch thereof to which they respec- 
tively belong, and also during the time necessarily employed in 
travelling to, and returning from the place of their meeting, allow- 
ing one day for every fifteen miles of the distance, by the road 
most usually travelled, and all proceedings in suits, pending in 
which either of the persons above mentioned is a party shall be 
stayed during the time aforesaid; and whoever shall arrest either Person arrest 

of the persons above men- ing liable to 

a fine. 
(285) 

tioned during the time they are entitled to privilege as above pro- 
vided, shall forfeit and pay for every such offence, the sum of 
one hundred dollars, to be recovered with costs of suit, by action 
of debt, for the use, and in the name of the person injured. — 



426 



ILLINOIS HISTORICAL COLLECTIONS 



Electors &c. 



Judges and 
clerk of the 
G. C. 



Judges of th' 
C. P. 



Justices of 
the Q. S. 



Attos. Clks. 
&c. 



Timesplaces 
&c that no 
arrest shall 
be made. 



And all persons legally entitled to vote for Representatives to the 
General Assembly, shall be privileged from arrest during the time 
of their attendance at elections, and while on the way in going 
to, and returning from such elections. 

§ 2. The Judges and Clerks of the General Court, and 
Attorney General, shall be privileged from arrest, while attending 
at the said court, and for, and during the space of fifteen days 
next before the commencement, and for and during the space of 
ten days next after the close of any term thereof, and also during 
the time necessarily employed in going to, holding, and returning 
from any General court. Circuit court, or court of Oyer and 
Terminer, or General Jail DeHvery, or court of Nisi Prius, in 
any county within this Territory. 

§ 3. The Judges of the several courts of Common Pleas 
within this Territory, during the sittings of their respective courts, 
and during the space of forty eight hours next before the com- 
mencement, and during the like space next after the close of any 
term thereof, and the Justices of the several courts of Common 
Pleas, of the Peace, during the sitting of the session, and 

(286) 

during the space of forty eight hours next before the opening, 
and next after the close of any session thereof ; and the Justices 
of the Peace, while engaged in hearing and determining any action 
suit or plaint instituted before them, or either of them, and all 
Attorneys, Counsellors at Law, Clerks, Sheriffs, Coroners, Con- 
stables and Cryers, and all suitors, witnesses and jurors, while 
attending court, and while going to, and returning from court, 
shall be privileged from arrest. 

§ 4. No person shall be arrested while doing militia duty 
under the order of his commanding officer, or while going to, or 
returning from the place of duty or parade; nor shall any person 
be arrested on the first day of the week, commonly called Sunday, 
or in any place of religious worship, during the performance of 
divine worship ; or in the chamber of the Legislative Council or 
House of Representatives, during their sitting ; or in any court of 
Justice during the sitting of the court ; or on the fourth day of 
the month July, the anniversary of American Lidependence. 



ROADS, 1807 



427 



No privilge. 
in case of 
sums &c. 



§ 5. Nothing herein contained shall be construed to extend 
to cases of treason, felony or breach of the peace. 

Provided always, That where either of the member or officers Proviso, 
of the general assembly, shall be arrested during the sitting of the 
legislature upon any charge of treason, 

( 287 ) 

felony or breach of the peace, it shall be the duty of the person 
issuing the process, on which the arrest is made, forthwith to give 
written notice thereof to the house in which the person arrested 
shall be a member or officer, addressed to to the president or 
speaker, as the case may be. 

§ 6. Nothing herein contained, shall be construed to privi- 
ledge any person herein named from being served at any time 
with a summons, or notice to appear ; and all arrests not contrary 
to the provisions herein contained, made in any place, or on any 
river or water course, within or bounding the Territory, shall be 
deemed lawful, and if any person shall be arrested contrary to the Illegal ar- 
provisions herein contained, such person may and shall be dis- ^^^^ 7^ *° 
charged by a writ of habeas corpus, or in a summary way by 
motion before the court from which the process shall have issued 
at the costs of the party suing out such process. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(288) 

CHAPTER XLIV. 

An Act for opening and regulating public Roads and Highways. 

§ 1. ALL public roads or highways established by lawful Pubc. roads 

authority, shall be opened, amended, and kept in repair, agreeable ^j. opened 
to the directions of this act, and the courts of Common Pleas in 

their respective counties, shall have authority, upon application, C. of Q. S. 
to make and enforce all orders necessary, all well for opening all ^^^ power. 



428 



ILLINOIS HISTORICAL COLLECTIONS 



When no- 
tice to be gi- 
ven & how. 



Application, 
how made, 



Costs how 
paid 



new roads, which may be useful and convenient, as to vacate any 
public road, or part of any public road, which upon enquiry shall 
be found useless and burthensome, within the limits of their 
respective counties. 

§ 2. That previous to any application being made to the 
court of Common Pleas, for an order to lay out any new road, 
every person through whose improved land such proposed road 
may be designed to run, who is known to be a resident in the same 
or adjoining county, shall have notice thereof, from some person 
about to apply for the same, or else a note in writing, expressing 
such intended application, under the signature of some one or 
more of the persons aabout to apply, shall be left at the house or 
last place of abode, or with the agent respectively of every such 
holder of improved lands, at least twenty days before the sesssion 
in which such application shall be 

( 289 ) 

made ; and further, such intended application shall be advertised 
in some public place in each township through which such pro- 
posed road may be designed to run, for thirty days prior to the 
session, as aforesaid, and similar advertisement shall be affixed 
and kept upon the court house door, for two days of the term 
in which application shall be made. 

§ 3. Every application for any public road, shall be by 
petition, specifying particularly where such road begins, the re- 
markable places by which such road shall pass, and where the 
same shall terminate, presented to the court of Common Pleas, of 
the proper county, signed by at least twelve householders resident 
in the same county, three of whom shall be freeholders of the 
neighborhood, who shall be liable for the costs accruing on such 
petition, survey and view, unless the road so petitioned, for shall 
appear to the court from the report of the viewers to be of public 
and general utility, to the citizens of the county at large, when 
the costs attending the same shall be paid out of the county 
treasury. 

§ 4. When any petition in form aforesaid is presented to 
any court of Common Pleas, within any county of this Territory, 
praying for an order to lay out a new road, through any part of 



ROADS, 1807 



429 



the said county, and the court be satisfied that the petitioners have 
given the necessary notice required by 

(290) 

this act, the court shall order such petition to be publicly read in 
open court, and thereupon shall appoint three disinterested free- 
holders of the county, which said freeholders, or any two of whom, 
shall proceed to view the ground, on which such proposed road is 
to run, and also to appoint a skilful surveyor to accompany the 
aforesaid viewers, and to survey the said road, agreeably to the 
view of the aforesaid freeholders. It shall be the duty of the said 
viewers and surveyors at some convenient time before the next 
session, to repair to the place where such proposed road begins, 
and the said viewers shall with diligence and attention, examine 
the ground and lay out such road as nearly to the prayer of the 
petitioners as a passible way can be obtained, at a moderate ex- 
pence, having special regard to continue the road in the same 
direction, as far as circumstances will admit ; and not to take the 
same through any persons enclosure of one years standing, with- 
out the owners consent, unless a preferable way cannot otherwise 
be had with convenience to the public ; and the aforesaid surveyor 
shall take to his assistance two persons of honest reputation, as 
chain carriers, and he shall according to the view of the aforesaid 
freeholders, survey such road, conspicuously marking the same 
throughout, and truly noting the several courses and distance 
thereof, and at every mile's end, shall erect a monument express- 
ing the number thereof, and shall 

( 291 ) 

protract a survey of the said road, which together with the pro- 
ceedings of the aforesaid viewers, shall be certified respectively, 
and returned to the court of Common Pleas, next to be held for 
such county, and the court on receiving such return, shall cause 
the same to be publicly read in open court, on two different days 
of the same term, at which such return shall have been made ; and 
if no objections are made to such proposed highway, on the second 
reading of the return aforesaid, it shall be the duty of the court, 
to order the said road to be opened a necessary width, not exceed- 



Court to ap- 
point viewrs. 
& surveyor. 
&c. 



Their duty 
&c. 



Surevyor to 
take assist- 
ants. 



Courts on re 
ceiving the 
returns, how 
to proceed. 



430 ILLINOIS HISTORICAL COLLECTIONS 

ing sixty six feet, and made in other respects convenient for the 
passage of travellers ; and cause a record thereof to be made, 
which shall thenceforth be deemed a public road. 

§ 5. If any person through whose land any proposed public 
Persons ag- road may run, feels aggrieved thereby, such person may at any 
^Mnedv ^^^ timt before such road is recorded, and not afterwards, set forth 
his or her grievances, by way of remonstrance, against such pro- 
posed road, or any part thereof, presented to the court of Com- 
mon Pleas of the proper county, and the court shall nominate five 
disinterested freeholders of the county, who shall not be related 
to any of the parties interested in opening or objecting against 
such proposed road, and shall assign a day for such freeholders 
to meet, where such proposed road begins ; it shall be the duty of 

O 2 
( 292 ) 

such five freeholders respectively, having had five days previous 
notice, from either of the parties, to meet on the day, and at the 
place assigned by the court, and then, or on any other day, prior 
to the next session, to which the majority may adjourn, (having 
Take oath. first taken an oath or affirmation before some person qualified to 
administer oaths, impartially to assess the damage or several 
damages, which any such objector or objectors may be likely to sus- 
tain by reason of such proposed road, in case the same should be 
opened, and continued through his her or their lands, to review 
such proposed road and take into their consideration, how much 
less valuable any tract of land, the property of such objector or 
objectors, will be rendered, by reason of such proposed road, 
should the same be opened, and continued through such tract re- 
Assess & re spectively ; and shall assess the dan^age or several damages accord- 
port damges. Jngly, and report the same to the court of Common Pleas, next to 
be holden for the proper county ; and if any three of them agree 
in assessing damage to the amount of the costs accruing on such 
remonstrance, the court may, if they consider it expedient, order 
the damage to be defrayed out of the county stock, or if that may 
be considered inexpedient, and the petitioners wall defray the 
same, then, in either case, such road shall be ordered to be opened. 



ROADS, 1807 



431 



Objection to 
road how & 
by whom 
made. 



and a record thereof made, and the costs and charges having 

accrued in virtue of such remonstrance, shall be defrayed out of Cost how pd. 

the county stock; but if three of such free- 

( 293 ) 

holders do not agree in assessing damages to the amount of the 
costs aforesaid, then such objector or objectors shall pay the costs 
and such proposed road shall be ordered to be opened and re- 
corded, in like manner as though no objections had been made. 

§ 6. That objections in time and manner aforesaid, to any 
proposed public road may be made by any twelve freeholders, or 
householders, of the neighborhood, through which the same runs, 
on account of the same being likely to be useless and burdensome 
to the township respectively; and when such objections are made, 
the court shall proceed in like manner, by review thereof as pre- 
scribed in the last preceding section of this act; and if the free- 
holders who review the same, or any three of them agree, that 
the said proposed road is likely to be useless and burdensome if it 
be opened and kept in repair by the public, then, unless the peti- 
tioners respectively will agree to open and keep in repair such 
proposed road, at their own private expence, all the proceedings 
shall be stayed, and the petitioners shall in either case pay the costs 
and charges which may have accrued ; but if three of the afore- 
said viewers do not report against such proposed road, as likely to 
be useless and burdensome, then the objectors shall pay the costs 
and charges, which shall have accrued on such review, and the 
said proposed road shall be ordered to be opened, and a record 
thereof made, and shall thenceforth be deemed a public road. 

(294) 

§ 7. If any person through whose land any public road shall 
run, shall be desirous of cultivating such part of his land, it shall 
be lawful for such person or persons, to petition the court of 
Common Pleas, to permit him, her or them, at his, her or their 
own expences, to turn such road through any part of his, her or 
their own land, on as good ground, and without increasing the 
distance to the injury of the public, and upon such petition the 
said court shall appoint three disinterested freeholders, who shall 



Roads Tun- 
ing through 
lands how 
changed. 



432 



ILLINOIS HISTORICAL COLLECTIONS 



Court to ap- 
point 3 free- 
holders. 



Who shall ex 
amine & re- 
port. 



Useless roads 
may be dis- 
continued & 
how. 



proceed to view the ground on which the said road is designed to 
be turned, and measure the respective distance of that part of the 
road already estabHshed, and of the proposed way, until it shall 
intersect the road established as aforesaid ; and at the next term 
of the said court, shall report the several distances, with their 
opinion respecting the ground on which such proposed road is to 
run ; and if it shall appear to the satisfaction of the court afore- 
said, that the ground on which such new part of the road is de- 
signed to run, is equally situated, and that the difference in the 
distance, will not materially injure the public; such court shall 
permit him, her or them, to turn such road, and on receiving satis- 
factory assurance that such petitioner or petitioners, have opened 
such proposed road, equally convenient for travellers, shall vacate 
so much of the former road as shall lie between the different points 
of intersection, and record such new report, which afterwards 
shall be public road or highway. 

( 295 ) 

§ 8. When any public road, or highway, shall be considered 
useless, and the repairing thereof be an unreasonable burthen to 
the Township, and any twelve freeholders or householders of such 
township, may make application in writing, signed by such persons, 
setting forth the situation and other circumstances of the road 
which they wish vacated, as aforesaid, in a clear and intelligible 
manner, which shall on the term in which it is presented be pub- 
licly read in open court on two different days of the court, and no 
further or other proceedings, shall be then had thereon, but the 
same shall be adjourned to the next court, when the same shall 
again be read in open court; when if objections are not made 
thereto in writing, signed by twelve freeholders, or householders, 
such court shall on any day in the same term, other than the first 
day of the same, proceed to vacate such public road, or parts of 
public road, as aforesaid, and the costs and charges, shall be 
defrayed by the county ; but if objections in manner aforesaid are 
made, the court shall proceed in like manner by viewers thereof. 
as they are authorised to do, in laying out of public roads and 
highways ; and the judgment of any court of Common Pleas, as 



ROADS, 1807 



433 



No streets to 
be vacated. 



aforesaid, shall be conclusive in the premises, if the same be not 
appealed from in nine months after giving any such judgment. 

§ 9. An appeal from the proceedings of any court of Com- Appeal al- 
mon Pleas, of any of the counties within this Territory, as 
aforesaid 

( 296 ) 

shall lie and be allowed to the General court of the Territory, 
which court shall, if the party or parties applying for the same, 
enter into sufficient securities for costs and charges thereof, order 
and appoint another view of such road, and proceed thereon in 
like manner, as the courts of Common Pleas, are enabled by this 
act to proceed, and the determination and judgment of such Gen- 
eral court shall be final : Provided alzvays, That nothing in this 
act shall be understood to give authority to any court of Common 
Pleas, to vacate an street or highway, in any city borough, town 
or village in this Territory, which hath been laid out by the late 
proprietors thereof, or by any other person or persons, and dedi- 
cated to public use nor to vacate any road laid out by order of 
court, which is not repairable at public charge, nor any road or 
passage claimed by private right, nor to rivers, or streams of 
water. 

§ 10. All male persons of the age of twenty one years and Persons lia- 
not exceeding fifty, who have resided thirty days in any Town- ® ° ^°^ ' 
ship, of any county within this Territory, and who are not a 
county charge, shall be liable yearly and every year, to do and 
perform any number of days work, not exceeding twelve, when- 
ever the supervisor of the district, in which he resides, shall deem 
it necessary: and it shall be the duty of every supervisor respec- 
tively, to call out every such resident aforesaid, when in his 
opinion it may be expedient to work on the 

(297) 

public road or highway, within the division respectively allotted to 

him ; and if any such resident, having had three days notice Supervisor to 

thereof from the supervisor shall neglect or refuse to attend by ^^^ ^° ^^' 

himself or substitute to the acceptance of the supervisor, on the 

day and at the place appointed for working on the public road. 



434 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty faU- 
ing to work. 



Court to ap- 
portion road. 

To appoint 
supervisors. 



Their duty. 



with such necessary and common articles of husbandry, as the said 
supervisor shall have directed him to bring, wherewith to labor, 
or having attended, shall refuse to obey the direction of the 
supervisor, or shall spend, or waste the day in idleness, or inat- 
tention, to the duty assigned him; every such delinquent shall 
forfeit for every such neglect or refusal, the sum of seventy-five 
cents, to be recovered at the suit of the supervisor respectively, 
before any Justice of the Peace of the Township, wherein the 
delinquent shall reside, to be appropriated towards repairing the 
public roads within the same Township; and it shall be the duty 
of the court of Common Pleas, at the same time that they appoint 
supervisors, to apportion to each one, his part of the roads, and 
hands to assist in opening and keeping the same in repair. 

§ 11. The court of Common Pleas of each and every county, 
at their first term to be held after the first day of January, yearly 
and every year shall appoint a necessary number of freeholders 
in each and every township, within their respective counties, to 
be supervisors of the highways; and the said 

(298) 

supervisors of the public roads and highways of the several Town- 
ships, shall and they are hereby required, and enjoined, as often 
as the said several roads and highways within their repective 
townships shall be out of repair, or as often as any new road 
shall be laid out, and directed to be opened by lawful authority, 
to hire and employ a sufficient number of labourers to work upon, 
open and amend, clear and repair the same, in the most effectual 
manner, and to purchase wood and all other materials necessary 
for that purpose, and to oversee the said laborers, keep them close 
to their business, and take care that the said roads and highways 
be efifectually opened, cleared and amended, and repaired, ac- 
cording to the true intent and meaning of this act. 

§ 12. And in order to enable the said supervisors the more 
eflfectually to discharge their duty, Be it further enacted. That it 
shall and may be lawful for the supervisors aforesaid, or any 
other person or persons, by his or their order and direction, to 
enter upon any lands adjoining to or lying near the public roads 



ROADS, 1807 



435 



and highways, within their respective Township, and to cut or 
open such drains or ditches through the same, as he or they shall Ditches 
judge necessary, completely to carry off and drain the water from 
such roads: Provided, The same be done with as little injury and 
damage as may be to the owner of such lands; which drain and 
ditches, so cut and opened, shall be kept open by the said super- 
visors, if necessary, and shall 

(299) 



not be stopped or filled up by the owner, or owners of such land, 
or any other person or persons, whatsoever, under the penalty of 
five dollars for every such offence, to be recovered before any 
Justice of the Peace in any county, and to be applied to the pur- 
pose of opening and repairing highways in the district wherein the 
offence shall have been committed. 

§ 13. The said Supervisors shall have full power and au- 
thority, on any improved ground or lands, adjoining the said 
public road or highway, within their respective townships, to dig, 
or cause to be dug, any gravel, sand or stone, or to gather any 
loose stones, lying on the said lands, or to cut down any wood, or 
trees, growing or adjoining to the said roads or highways, as he 
or they shall think necessary for the purpose aforesaid ; Provided, 
The same be done with as little damage as may be to the owner 
or owners of such land; and the same sand, gravel, stones or 
wood, so dug, gathered or cut, to be carried off, without the let, 
hindrance or control of the owner. 

§ 14. If any person or persons, working on the highwa3^s, 
or being with them, shall ask any money, or drink, or any other 
reward whatsoever, of any person passing or travelling upon the 
said public road or highway, he shall, for every such offence, pay 
the sum of one dollar, to be recovered by the Supervisor, or any 
other person suing for 

P 2 

(300) 

the same, before any Justice of the Peace, in the county, and 
applied for, and towards repairing the said highways, or public 



Penalty for 
filling drains 
&c. 



Supvr. to dig 
cut timber 
&c. 



Supvr. not to 
suffer, nor la- 
borers to ask 
money of tra 
vellorr under 
penalty. 



436 



ILLINOIS HISTORICAL COLLECTIONS 



C. P. may 
order bridges 
built. 



How paid for 



Private cart 
ways may be 
opened and 
how. 



Breadth. 



roads within the township wherein the offence shall have been 
committed ; and in case any Supervisor shall connive at any per- 
son's asking and demanding any reward from any traveller as 
aforesaid, or shall himself extort, or endeavor to extort any 
money, or other thing, from any traveller as aforesaid, every 
Supervisor, so offending, shall forfeit and pay for each offence, 
the sum of five dollars, to be recovered by any person whatsoever 
in manner aforesaid, one half to the use of the prosecutor, and 
the other half to, and for the service of the said road or highway. 

§ 15. The Judges of the court of Common Pleas, may 
cause any bridge or bridges to be built, over any creek or rivulet 
in the county, to which they belong, where they think such bridge 
of publick utility, and too expensive to be borne by the district in 
which it lies, for which purpose the said court shall agree with 
workmen for the building or repairing such bridge, or bridges, and 
the court shall make an allowance for the money becoming due, 
upon such agreement, and order the same to be paid out of the 
county Treasury. 

§ 16. If any person or persons, shall, for the convenience 
of themselves, or neighbours, wish to have a cart road laid out, 
from, or to the plantation, or dwelling place 

( 301 ) 

of any person or persons, or to any public highway, or from one 
highway to intersect another ; the person or persons applying for 
the same, shall advertise their intentions, as by this law is re- 
quired in case of highways, and shall petition the court of Com- 
mon Pleas of the proper county, who shall cause the same to be 
read in open court and shall order and direct a view of the place 
where such road is required to be laid out, and return thereof shall 
be made in the same manner as before directed by this act, and if 
no objections be made thereto, the said court shall further order 
and appoint what breadth the said road shall be, so as the same 
shall not exceed thirty three feet. 

§ 17. Every road or cartway, laid out in pursuance of this 
act, not exceeding thirty three feet in breadth, being first paid for 
by the petitioner or petitioners, for such road, shall be recorded. 



ROADS, 1807 



A2,7 



and from thence forward, shall be allowed and declared a common 
road, or cart way, as well for the use and convenience of the 
person or persons at whose request the same was laid out, as for 
the use and convenience of all such as have occasion to travel the 
same, and shall be opened and maintained by the persons petition- 
ing therefor: Provided nevertheless, That if the said road shall 
be laid out through any person or persons improved land, then 
the same shall be valued as in this act is directed in case of persons 
objecting to public roads or highways, and on the value thereof 
being paid to the owner 

(302) 

or owners of the land, by the person or persons at whose request 
the same was laid out, they shall have liberty to open said road, 
agreeable to the order of the court. 

§ 18. If any owner or owners of any land through which 
such cart road may pass, shall be desirous of improving his, her 
or their lands, they shall be permitted to turn the same : Provided, 
The ground on which they propose turning it, is equally as good 
for a road, and shall not increase the distance more than one twen- 
tieth part thereof, or shall be permitted to hang swinging gates 
upon such cart road or roads, but shall at all times keep the said 
gates in good order and repair, under the penalty of one dollar 
for every offence to be recovered before any Justice of the Peace, 
in any county wherein the offence shall have been committed, by 
any person prosecuting for the same, one moiety thereof to the 
prosecutor and the other moiety towards keeping of said roads 
in repair. 

§ 19. It shall be the duty of each and every supervisor, 
within their respective districts to erect, and keep a post at the 
forks of every public road or highway within their respective dis- 
tricts, containing an inscription in legible characters, directing the 
way, and mentioning the most remarkable places on each road 
respectively; and if any person shall demolish any such post, de- 
face or alter any inscription thereon made, with an intent to 
destroy the utility of such 

( 303 ) 
design, he, or she so offending, shall for every such offence, for- 



How to pro- 
ceed when 
going thro' 
improved 
lands. 



To be record 
ed & how. 



How to pro- 
ceed to im- 
prove cart 
way. 



Superv. to 
have posts e- 
rected. 



438 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty for 
defacing &c. 



adverts. 
Obstructing 
roads how 
punished. 



Compensati- 
on to superv. 
Persons ad- 
judged to 
work on road 
how to be 
dealt with. 



feit and pay to the supervisor of such road respectively, the sum 
of ten dollars, to be recovered before any Justice of the Peace of 
the county, wherein the offence shall have been committed, for 
the use of such district respectively. 

§ 20. If any person shall take dow^n, obliterate or destroy, 
any advertisement or v^ritten notice, necessary to be put up, under 
the directions of this act, he, she or they so offending, shall for 
every such offence forfeit and pay the sum of ten dollars, to be 
recovered by indictment, before any court having cognizance 
thereof, to be held in the county where the offence shall have been 
committed, to the use of the county respectively. 

§ 21. If any person shall obstruct any road laid out, or 
to be kept in repair under the authority of this act, and shall suffer 
such obstructions to remain to the hindrance of passengers ; every 
person so offending, shall for every such offence forfeit and pay 
a sum not exceeding one hundred dollars nor less than one dollar, 
to be recovered by action of debt, qui tam, or indictment, before 
any court having cognizance thereof, to be held in the county in 
which the offence shall have been committed ; one half to the 
county respectively, and the other half to whosoever will sue for 
the same. But when the prosecution shall first 

(304) 

be commenced in behalf of the county, the whole shall accrue to 
its use. 

§ 22. Every supervisor shall be entitled to receive the sum 
of one dollar for each and every twenty dollars he shall collect, 
and one dollar and twenty-five cents, for superintending the hands, 
not less than ten on each day, who shall commute their assess- 
ments by labor and such further compensation for his trouble, as 
shall appear reasonable to the court. 

§ 23. In all cases when persons shall be committed to the 
supervisor to labor, by the authority of the laws of this Territory, 
such supervisor may assign the proper portion of labor for such 
person to do and perform, or shall appoint a time and place for 
such person, so committed, to attend and perform the labor as 
aforesaid, and such service in either case being performed, such 
supervisor shall give such person his discharge accordingly. 



COMMON FIELDS, 1807 



439 



24. All and every supervisor or supervisors of the public Supervr. ne^ 



roads and highways of this Territory, who shall refuse or neglect 
to do and perform his or their duty, as directed by this act, shall 
on conviction by presentment or indictment before any court of 
record, be fined in any sum, not more than forty, nor less than 
five dollars, at the 

( 305 ) 

discretion of the court, and stand committed until payment 
thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XLV. 

Ail Act to regulate the enclosing and cultivating of Common 

Fields. 

§ 1. THOSE who are or shall be proprietors or owners of 
land, in any field that is now occupied, used and declared, or that 
shall hereafter be occupied, used and declared to be a common 
field, may meet together, by themselves or agents, annually, on the 
first Monday in March, or on such other days, as they shall 
appoint, at some convenient place, by them appointed, for the 
purpose of making such rules and regulations as to them shall 
seem meet, for the well ordering of the affairs of such field, with 
respect to fencing and cultivation, and all other things necessary 
for the well managing the same, for the common interest of such 
proprietors ; in which meeting, the proprietors of such field, shall 
have full 

(306) 

power by their major vote, to be computed by interest, to order 
all such affairs and make such regulations, as they shall deem 
proper and expedient, for the purposes aforesaid : Provided 
always, That any person, who is a proprietor in any common field, 



glecting or 
refusing to 
discharge du- 
ty to be fined 



Owners to 
meet & make 
rules. 



440 



ILLINOIS HISTORICAL COLLECTIONS 



To elect of- 
ficers. 



Elect a com- 
mittee. 



Appoint as- 
sessor & col- 
lector. 



may at any time hereafter, separate his her or their land, from 
such common field, by fencing the same, subject only to making 
and keeping in repair fences in like manner as persons having 
enclosures adjoining to the common fields, as by this law directed. 

§ 2. The better to enable them to carry on and manage the 
affairs of such fields, they are hereby authorised and empowered, 
to elect a chairman clerk and treasurer, who shall be sworn to the 
faithful discharge of their duties, respectively; and the clerk shall 
enter and record all the acts, votes and resolutions of the said 
proprietors relating to the management of the said common fields ; 
and shall continue in his office until another shall be chosen and 
qualified to serve in his room ; and that the election of chairman, 
clerk and treasurer, shall be annually, or otherwise as shall be 
determined by the said proprietors, or a majority of them in their 
lawful meetings assembled. 

§ 3. For the better management of their common fields, 
they shall chuse a committee of three persons, which shall be stiled 
"the field committee," who shall be sworn to a faithful discharge 
of their duties ; the 

(307) 

said committee may call a meeting of the proprietors of such 
field, when they shall judge it needful, by giving warning to such 
of them as live in the town or village, verbally, where such fields 
lie, and to the agents, (if any) of non-resident proprietors, ten 
days previous to the time of such meeting, or by warning such 
proprietors in such other manner as they shall, in their lawful 
meetings agree upon. 

§ 4. The proprietors of common fields, are hereby author- 
ised and empowered, at their lawful meetings, to grant and levy 
taxes, on themselves, when they shall judge it needful, according 
to their several interests in such fields, for the defraying the 
charges that may arise in setting out and designating the propor- 
tion of, or altering the fence of such fields, in making gates and 
bridges, or for any other public or common charge, relating to 
such fields, and to appoint assessors and collectors for the making, 
apportioning, and collecting such taxes, which collectors shall have 
the same power and authority in every respect, as the collectors 



COMMON FIELDS, 1807 ^ 441 

of county taxes ; which taxes, when collected, shall be paid into 
the hands of the Treasurer, and shall be appropriated, by a ma- 
jority of the proprietors for the common benefit. 

§ 5. The field committee shall point out and designate the Duty of com 
place where, and the proportion which, each proprietor shall 
erect of 

Q 2 

( 308 ) 

such common fence, and every proprietor in such common field 
shall duly erect and maintain, his, her or their proportion of such 
common fence, according to the directions of such committee: 
Provided such committee, shall not require any such fence to be 
erected at a greater expence, or of better materials, than is directed 
by a law of this Territory, entitled "An act establishing and 
regulating enclosures," and shall attend all orders, and comply 
with all regulations of the major part of the proprietors of such 
common field, for the im.provement thereof, for the comm>on 
benefit, under the penalties of such fines and forfeitures as shall 
be lawfully annexed to the breach or neglect of such orders or 
regulations. 

§ 6. Any person or persons, having his, her or their part Respecting 
or proprortion of common fence, designated by the said field com- ^^P^'^s *o 
mittee, shall have liberty, in order to make or repair the same, of 
passing over any person's lot or land whatsoever, whenever it shall 
be necessary, for the purpose aforesaid ; and when it shall so 
happen that the line of fence, ordered as aforesaid, for the enclos- 
ing, or securing any common field, shall run in upon, or intersect 
the fence of any person making a particular enclosure, adjoining 
the common field, the one half of the dividing fence between such 
particular enclosure, and the common field, as aforesaid, shall be 
made and maintained by the proprietors of such common field, 
and the 

( 309 ) 

other half by the owner of such particular enclosure ; and if any 
person, or persons, whose land shall adjoin any such common field, 



442 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty for 

opening 

fence. 



Acpts. for 
services how 
paid. 



Fines & for- 
feitures. 



shall neglect to keep in repair, and maintain his, her, or their part 
of such fence, after being requested thereto by the field commit- 
tee, in writing, under their hands, for the space of ten days, it 
shall be lawful for the said committee to repair the said fence, at 
the proper charges of the delinquent; which expence, after being 
estimated by two reputable freeholders of the town or village, 
wherein such fields are situated, may be recovered by action of 
debt, before any court having competent jurisdiction, together 
with costs. 

§ 7. If any person or persons, whose lands shall adjoin 
such common field, shall lay open the same, without giving two 
months notice thereof in writing, lodged with the Clerk of such 
common field ; such person or persons shall be liable to pay all 
damages that may accrue to the proprietors or to any of them, of 
such common fields, to be recovered in any action of damages, 
before any court having competent jurisdiction. 

§ 8. All accounts for any services rendered any person act- 
ing under the appointment of, or by the direction of the major 
part of the proprietors of common fields, shall be paid out of the 
common treasury of such proprietors, after being audited by the 
field committee ; except the accounts of such 

(310) 

field committee; which last mentioned accounts, shall be audited 
by a special committee ; and that all orders on the Treasurer, shall 
be signed by the chairman, and attested by the Clerk ; and the 
Collectors, shall, for all, or any monies by them paid, to the Treas- 
urer, demand duplicate receipts, one of which shall be held by the 
said Collectors, and the other lodged with the Clerk : the Treasurer 
shall also demand duplicate receipts for all monies paid by him, 
on orders, on the Treasurer, one of which receipts shall be holden 
by the Treasurer, and the other lodged with the Clerk. 

§ 9. The proprietors of common fields, shall have power, 
by their major votes, in lawful meetings assembled, to order all 
such fines and forfeitures, on either, or any of themselves, as to 
them shall seem reasonable, for carrying into effect, any of their 
rules and regulations, for the common benefit of the said proprie- 



COURTS. 1807 



443 



tors : Provided nevertheless, The penalty does not exceed the sum Proviso, 

of five dollars, and that the person or persons thinking himself or 

themselves to be unreasonably or oppressively fined, shall have 

the right to appeal from the judgment of said proprietors, to the 

next court of Common Pleas, holden for said county: Provided, 

That notice of such appeal, shall be given within ten days after 

the judgment be given by the said proprietors. 

§ 10. The said common field shall be enclosed with a good 
and sufficient fence, ac- 

(311) 

cording to law, on or before the first day of May in each and To be enclo- 
every year, or such other day as the said proprietors may appoint, tood'fence 
and no cattle, horses or other animals shall be suffered to be put 
into such fields, for the purpose of depasturing therein, between 
the first day of May, and the fifteenth day of November, in each 
and every year, or on such other day, and time, as the proprietors 
may agree upon, under the penalty of paying such fines, as shall 
be ordered by the said proprietors, in lawful meeting assembled. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XLVI. 

An Act regulating the Practice in the General Court, and Court 
of Common Pleas, and for other purposes. 

§ 1. Appearance bail shall be required in all actions of debt. Appearance 
or on the case, founded upon any writing, obligatory bill, or note . ^ ^" ^^' 
in writing, for the payment of money, and in all actions of cove- 
nant and detinue. And 



(312) 

appearance bail shall also be required in all actions, where an affi- 
davit shall be m.ade and fded by the plaintiff, or any person in his 



444 



ILLINOIS HISTORICAL COLLECTIONS 



When pltff . 
may endorse 
baU. 



Shff. to take 
acknowldgt. 
of attorney. 



Appearance 
bail. 

Return day. 



behalf, of an existing debt, then due from the defendant to the 
plaintiff; which affidavit shall be made before any judge or com- 
missioner, authorised to take special bail ; or any Justice of the 
Peace in this Territory, or if the plaintiff be out of the Territory, 
before any Judge of any court of Judicature, or notary public, of 
the state, kingdom or nation, in which he resides, or happens to 
be, and the sum specified in such affidavit, obligation, bill or note 
in writing shall be endorsed, on the writ or process, by the plaintiff 
or his attorney, for which sum, so endorsed, the Sheriff or other 
officer, to whom such writ or process shall be directed, shall take 
bail and for no more ; and if the party making such affidavit, swear 
to the best of his knowledge or belief, the same to be deemed suffi- 
cient; when no appearance bail is required the sheriff may take 
the engagement of an attorney, practicing in the General court and 
courts of Common Pleas, endorsed on the writ, that he will appear 
for the defendant, or defendants, and such appearance shall be 
entered with the clerk in the office, on the first Monday after the 
end of the court, to which such process is returnable, which is 
hereby declared to be the appearance day in all process, returnable 
to any day of the court, next preceeding : Provided always, never- 
theless, That it shall and may be lawful for the plaintiff, or plain- 
tiffs, in any ac- 

(313) 

tion or suit, to file his or their declaration, at and in the term, to 
which suit writ or writs are returnable, to which the defendant 
or defendants may, if he, she, or they think proper, appear at the 
said term, and such proceedings may be had therein at the same 
term to the final judgment, as the parties in the suit may mutually 
agree on : Provided however, That no defendant or defendants, 
shall by any thing herein contained be compelable, unless he, she, 
or they, may think proper to enter his or their appearance before 
the rule day established by law; and all writs issued during the 
term of any court may be executed and returned to any day of 
the same term, where no such engagement of an attorney shall be 
offered, as is above mentioned, in cases where appearance is not 
required, the Sheriff shall nevertheless be restrained from com- 
mitting the defendant to prison, or detaining him in his custody, 



COURTS, 1807 



445 



for want of appearance bail ; but the sheriff shall in such case, re- 
turn the writ executed, and if the defendant shall fail to appear 
thereto, there shall be the like proceedings against him, only as is 
herein after directed, against defendants and their appearance 
bail, where such is taken: Provided always, That any judge of 
the general court, or justice of the common pleas, in actions of 
trespass, assault and battery, trover and conversion, and in actions 
on the case, whereupon proper affidavit or affirmation, it shall 
appear to him proper that the defendant or defendants should give 
appearance bail, may, and he is hereby au- 

(314) 

thorised, to direct such bail to be taken, by endosement on the 
original writ, or subsequent process, and the sheriff shall govern 
himself accordingly. 

§ 2. The Sheriff shall return all writs to them directed, on 
the days of the return thereof, and in all cases where appearance 
bail is required, he shall return on the writ the bail by him taken, 
and a copy of the bail bond to the clerk's office ; and if the de- 
fendant shall fail to appear accordingly, or shall not give special 
bail being ruled thereto by the court, the bail for appearance may 
defend the suit, and shall be subject to the same judgment and 
recovery, as the defendant might, or would be subject to if he 
had appeared, and given special bail ; and in actions of detinue, 
the bail piece shall be so changed, as to subject the bail to the 
restitution of the thing, whether animate or inanimate, sued for, 
or the alternative value. 

§ 3. And if the Sheriff shall not return bail, and the copy 
of the bail bond, or the bail returned, shall be adjudged insuffi- 
cient, and the defendant shall fail to appear, and give special bail, 
if ruled thereto, in such case the Sheriff may have the like liberty 
of defence, and shall be subject to the same recovery as is pro- 
vided, in the case of appearance bail ; and if the Sheriff depart 
this life, before judgment be confirmed against him, in such case 
the judgment shall be confirmed against his executors or ad- 

(315) 

ministrators, or if there shall not be a certificate of probate or 



May have 
trial first 
term. 

Judge may 
order bail. 



How shff. to 
return. 



Deft, fails to 
appear &c. 

judgt. may 
be had agst. 
apprce. bail. 



No bail retd. 
or insufficiet. 



Proceedings 
vs. shff. es- 
tate. 



446 



ILLINOIS HISTORICAL COLLECTIONS 



Shffs, reme- 
dy over. 

Office judgt. 
may be set 
aside. 



Court to rec- 
tify mistakes 

Judges to 
take bail. 



Pltff. may 
except. 



Form, of re- 
cognizance. 



administration granted, then it may be confirmed against his 
estate and a writ of fieri facias, may in either case be issued. But 
the plaintiff shall object to the sufficiency of the bail, during the 
sitting of the court next succeeding, to which the writ is return- 
able, in the office, on the first, second or third rule day, and at no 
time thereafter ; and all questions concerning the sufficiency of bail, 
so objected to, in the office, shall be determined by the court, at 
their next succeeding term ; and in all cases, where the bail shall 
be adjudged insufficient, and judgment entered against the 
Sheriff, he shall have the same remedy against the estate of the 
bail, as against the estate of the defendant. 

§ 4. And every judgment in the office against a defendant, 
and bail, or against a defendant, and Sheriff, shall be set aside, if 
the defendant at the succeeding court, shall be allowed to appear 
without bail, put in good bail, being ruled so to do, or surrender 
himself in custody, and shall plead to issue immediately ; the court 
shall regulate all other proceedings in the office, during the preced- 
ing vacation, and rectify any mistakes, or errors, which may have 
happened therein. 

§ 5. Any Judge of the General court, or Justice of the 
court of Common Pleas, may take recognizance of special bail, in 

R 2 

(316) 

any action, in either of the said courts depending, which shall 
be transmitted, by the person taking the same, before the next 
succeeding court, to the Clerk of the said court, to be filed with 
the papers in such action ; and if the plaintiff or his attorney, shall 
except to the sufficiency of the bail, so taken, notice of such ex- 
ception, shall be given to the defendant, or his attorney, at least 
ten days, previous to the day on which such exception shall be 
taken, and if such bail shall be adjudged insufficient by the court, 
the recognizance thereof shall be discharged, and such proceedings 
shall be had, as if no such bail had been taken ; the form of which 
recognizance shall be in the following words, to wit: 

" county, to wit : memorandum that upon the 

day of in the year E F, of the county of 



COURTS, 1807 447 

personally appeared before me, (one of the Judges of the Gen- 
eral court, or Justices of the court of Common Pleas, of the 
county aforesaid, as the case may be) and undertook for C D, at 
the suit of A B, in an action of now depending in the 

(naming the court where the suit is depending) that in case the 
said C D, shall be cast in the said suit, he, the said C D, will pay 
and satisfy the condemnation of the said court ; or render his body 
to prison, in execution for the same, or that he the said E F, will 
do it for him." 

§ 6. The person taking such bail as a- 

(317) 

foresaid, shall, if required at the same time, deliver to the person 
or persons acknowledging the recognizance aforementioned, a bail 
piece, in the words and form following to wit : 

" county to wit : C D, of the county of aforesaid, 

is delivered to bail on a cepi corpus, unto E F, of the county afore-' 
said, at the suit of A B, the day of in the year " 

§ 7. No person shall be permitted to be special bail, in any BaUtobea 
action, unless he be a householder, and resident within this Terri- householder. 
tory, and of sufficient property; if the writ or process issue out 
of the General court, or if it issue out of any court of Common 
Pleas, unless he be a householder, of sufficient property, and resi- 
dent in the county in which such court is held ; and no counsellor 
or attorney at law, sheriff, under sheriff, bailiff, or other person No civil offi- 
concerned in the execution of process, shall be permitted to be certobebail 
special bail in any action. 

§ 8. Rules shall be held monthly in the Clerk's office of the Rules to be 
General court, and each court of Common Pleas, beginning the 
first Monday after the rising of such court; the plaintiff, shall 
file his declaration in the Clerk's office, at the next succeeding rule Steps when 
day, after the defendant shall have entered his appearance, (unless 
the parties shall otherwise agree, as mentioned in the second section 
of this law) or the defendant 

(318) 

may then enter a rule for the plaintiff to declare; which if he 



448 



ILLINOIS HISTORICAL COLLECTIONS 



Judgt. by de- 
fault may be 
taken. 



May be set 
aside. 



Pleas in a- 
batement to 
be sworn to. 



By others 
than parties 
upon belief. 



fails or neglects to do, at the succeeding rule day ; or shall at any 
time fail to prosecute his suit, he shall be non-suited, and pay to 
the defendant, or tenants, besides his costs, three dollars, where 
his place of abode is at the distance of twenty five miles or under, 
from the place of holding the said General court, or court of 
Common Pleas, and where it is more, ten cents for every mile 
above twenty. 

§ 9. One month after the plaintiff shall have filed his declara- 
tion, he may give a rule to plead, with the Clerk, and if the de- 
fendant shall not plead accordingly, at the expiration of such 
rule, the plaintiff may enter interlocutory judgment, for his debt 
or damages and costs, and the court at the succeeding term, shall 
thereupon proceed to assess such damages, as they shall find upon 
examination, the plaintiff shall have really sustained, and there- 
upon enter up final judgment: Provided nevertheless, That if the 
defendant shall come into court, at any time before signing of 
judgment, and shall pay down, to the adverse party, the costs he 
has been at thus far, or so much thereof, as the court shall judge 
reasonable, then the court may admit the defendant to have the 
same day in court, as if his default had never been recorded. 

§ 10. All rules to declare, plead, reply, rejoin, or for other 
proceedings shall be given regularly, from month to month; shall 
be entered in a book to be kept for that 

(319) 

purpose, and shall expire on the succeeding rule day. 

§ 11. No plea in abatement shall be admitted or received, 
unless the party offering the same, shall prove the truth thereof 
by oath or affirmation, as the case may require, and no plea of non 
est factum offered by the person charged as obliger, or grantor of 
a deed, shall be admitted or received unless the truth thereof shall 
in like manner be proved by oath or affirmation. 

§ 12 And where any person, other than the obligor shall be 
defendant, such defendant shall prove by oath or affirmation that 
he or she verily believes, that the deed on which the action is 
founded, is not the deed of the person charged, as the obligor or 
grantor thereof, in which last mentioned case, the plea of non est 



COURTS, 1807 



449 



factum, shall not be admitted or received without such oath or 
affirmation, and where a plea in abatement shall upon argument be 
found insufficient, the plaintiff shall recover full costs, to the time 
of oyer or ruling such plea, a lawyers fee excepted. 

§ 13. The plaintiff in replevin, and the defendant in all other 
actions may plead as many several matters, whether of law or fact, 
as he shall think necessary, for his defence. 

§ 14. The clerk shall proportion the causes upon the docket, 
from the first day 

( 320 ) 

of the court to the twentieth both inclusive, if in his opinion so 
many days will be expended in trying the causes ready for trial, 
and issue subpoenas for witnesses to attend the days, to which 
the causes stand for trial ; he shall docket the causes in order as 
they are put to issue, and no cause shall be removed from its 
place, on the docket, unless where the plaintiff at the calling of 
the same, shall be unprepared for trial, in which case, and in no 
other, shall the cause be put at the end of the docket. 

§ 15. All actions of trespass, quare clausum f regit, all actions 
of trespass, detinue, actions sur trover, and replevin for taking 
away goods and chattels, all actions of account, and upon the case, 
other than such accounts as concern the trade of merchandize, 
between merchant and merchant, their factors or servants ; all ac- 
tions of debt grounded upon any lending or contract, without 
specialty ; all actions of debt, for arrearages of rent ; all actions of 
assault, menace, battery, wounding and imprisonment, or any of 
them which shall be sued or brought, shall be commenced and 
sued within the time and limitation hereafter expressed, and not 
after ; that is to say ; the said actions upon the case, other than for 
slander, and the said actions for account, and the said actions for 
trespass, debt, detinue and replevin, for goods and chattels, and the 
said actions of trespass, quare clausum fregit, within five years 
next after the cause of such action or suit, and not after ; 

(321) 

and the said actions of trespass, of assault, battery, wounding. 



Pleas in a- 
batemt. over 
ruled pltff . to 
recover costs 



Clk. to ap- 
portion and 



docket cause 



Causes not 
ready where 
put. 

Limitation 
of actions. 



In case of 
debt. 



Trespass. 



450 



ILLINOIS HISTORICAL COLLECTIONS 



Slander. 



Pltff. assign 
breaches. 



Jury to in- 
quire & assess 
damages. 



Judgt. re- 
main as secu- 
rity. 

Sci. fa. to is- 
sued. 



How judgt. 
to be enter'd 



Money may 
be paid into 
court. 



imprisonment, or any of them, within three years next after the 
cause of such action or suits, and not after ; and the said action 
upon the case for words, within one year next after the words 
spoken, and not after. 

§ 16. In all actions upon any bond, or any penal sum for 
non performance of covenants or agreements, in any indenture, 
deed or writing contained, the plaintiff or plaintiffs, may assign 
as many breaches, as he or they may think fit; and the jury upon 
the trial of such action or actions, shall and may assess damages 
for such of the breaches as the plaintiff" shall prove to have been 
broken, and on such verdict, the like judgment shall be entered, as 
heretofore has usually been done; and where judgment on a 
demurrer, or by confession, or nihil dicit, shall be given for the 
plaintiff, he may assign as many breaches of the covenants or 
agreements, as he shall think fit ; upon which a jury shall be sum- 
moned to enquire of the truth of every one of those breaches, and 
to assess the damage the plaintiff shall have sustained thereby, and 
execution shall issue for so much, and the judgment shall re- 
main as a security to the plaintiff his executors and administrators, 
for any other breaches which may afterwards happen, and he or 
they may have a scire facias against the defendant, and assign any 
other breach and thereupon damages shall be assessed, and execu- 
tion issue as aforesaid ; and in all ac- 

( 322 ) 

tions which may be brought upon any bond or bonds for the pay- 
ment of money, wherein the plaintiff shall recover, judgment shall 
be entered for the penalty of such bond, to be discharged by the 
payment of the principle and interest due thereon and the costs of 
suit, and execution shall issue accordingly; or if before judgment, 
the defendant shall bring into court, the principal and interest 
due upon such bond, he shall be discharged, and in that case judg- 
ment shall be entered for the costs only. 

And in any action of debt on single bill, or in debt, or scire 
facias upon a judgment, or in debt, upon bond, if before action 
brought, the defendant hath paid the principal and interest due 
by the defeazance or condition, he may plead payment in bar. 



COURTS, 1807 



451 



§ 17. If two or more dealing together, be indebted to each 
other, upon bonds, bills, bargains, promises, accounts or the like; 
and one of them commence an action in any court, if the defend- 
ant cannot gainsay the deed, bargain or assumption upon which 
he is sued ; it shall be lawful for such defendant to plead payment 
of all, or part of the debt, or sum demanded, and give any bond, 
bill, receipt, account or bargain in evidence; and if it shall appear 
that the defendant hath fully paid or satisfied the debt, or sum Jury find for 
demanded, the jury shall find for the defendant, and judgment 
shall be entered, that the plaintiff shall take nothing by his writ, 
and shall pay the costs. And 

(323) 



Deft, may 
plead paymt. 



Special mat- 
ter in evid. 



deft. 



if it shall appear that any part of the sum demanded, be paid, 
then so much as is found to be paid, shall be defalked, and the 
plaintiff shall have judgment for the residue only, with costs of 
suit : but if it appear to the jury that the plaintiff is overpaid, 
then they shall give in their verdict for the defendant, and withal 
certify to the court how much they find the plaintiff be indebted, 
or in arrears to the defendant, more than will answer the debt or 
sum demanded ; and the sum or sums so certified, shall be re- 
corded with the verdict, and shall be deemed as a debt of record, 
and if the plaintiff refuses to pay the same, the defendant for the 
recovery thereof, shall have a scire facias against the plaintiff in 
the said action, and have execution for the same with the costs of 
that action. 

§ 18. Provided always, That in all cases where a tender shall 
be made, and full payment be offered, by discount or otherwise, in 
such specie as the party by contract or agreement ought to do ; and 
the party to whom such tender shall be made, doth refuse the 
same ; and yet afterwards will sue for the debt or goods so ten- 
dered ; the plaintiff shall not recover any costs in such suit. 

§ 19. Interpreters may be sworn truly to interpret when 
necessary. 

§ 20. Every person desirous of suffering 



For pltff . 
When over 
paid. 



Judgt, to be 
given thereon 
ScL fa. to is- 
sue. 

When pltff. 
shall not re- 
cover costs. 



Interpretors 
to be sworn 



S 2 



452 



ILLINOIS HISTORICAL COLLECTIONS 



(324) 

a non suit on trial, shall be barred therefrom unless he do so be- 
Non suit. fore the jury retire from the bar. 

New trials. § 21. Not more than two new trials shall be granted to the 

same party, in the same cause. 

§ 22. Any instrument to which, the person making the same, 
shall affix a scrawl by way of seal, shall be adjudged and holden 
to be of the same force and obligation, as if it were actually 
sealed. 

§ 23. Where there are several counts, one of which is 
faulty, and entire damages are given, the verdict shall be good, but 
the defendant may apply to the court to instruct the jury to dis- 
charge such faulty count. 

§ 24. No Negro, Mullatto or Indian shall be a witness ex- 
cept in pleas of the United States against Negroes, Mulattoes or 
Indians, or in civil pleas, where Negroes, Mulattoes or Indians 
alone shall be parties. 

§ 25. Every person other than a Negro, of whose grand 
fathers or grand mothers, any one is, or shall have been a Negro, 
although all his other progenitors, except that descending from a 
Negro, shall have been White persons, shall be deemed a Mulatto, 
and so every person who shall have one fourth part or more of 
Negro 

( 325 ) 

blood, shall in like manner be deemed a Mulatto. 

§ 26. No suit shall hereafter be commenced in any court 
within the territory by a non-resident, until he shall file in the 
clerk's office, a bond with approved security, who shall be a resi- 
dent of this territory, conditioned for the payment of all costs 
that may accrue in consequence thereof, either to the opposite 
party, or to any of the officers of such court, and the same may 
be put in suit by any of the persons aforesaid, for the non-pay- 
ment of the sums that may respectively become due to them. 
Amendment § 27. No judgment after a verdict of twelve men, shall be 

and jeofail. stayed or reversed for any defect, or default in the writ, original 



In faulty 
counts deft, 
may appeal 
to court. 



Mo negro to 
be witness &c 
except &c. 



When deem- 
ed mulatto. 



Non-residts 
to give secu- 
rity for costs. 



COURTS, 1807 453 

or judicial, or for a variance in the writ from the declaration, or 
other proceedings, or for any mispleadings, insufficient pleadings, 
discontinuance, misjoining of the issue, or back of a warrant of 
attorney, or for the appearance of either party, being under the 
age of twenty-one years, by attorney, if the verdict be for him, 
and not to his prejudice, or for not alledging any deed, letters 
testamentary, or commission of administration to be brought into 
court, or for omission of the words, 'with force and arms,' or 
'against the peace,' or for mistake of the christian name, or sir- 
name of either party, sum of money, quantity of Merchandize, day 
month or year, in the declaration or pleading, [the 

( 326 ) 

name, sum, quantity or time, being right in any part of the record 
or proceeding] or for omission of the averment, 'this he is ready 
to verify,' or 'this he is ready to verify by the record,' for not 
alledging 'as appeareth by the record,' or for omitting the aver- 
ment of any matter, without proving which, the jury ought not to 
have given such verdict, or for not alledging that the suit or 
action, is within the jurisdiction of the court, or for any infor- 
mant}^ in entering up the judgment by the clerk; neither shall any 
judgment entered upon confession or by nil dicit, or non sum 
informatus, be reversed, nor a judgment after enquiry of damages, 
be stayed or reversed; for any omission or fault, which would 
not have been a good cause to stay or reverse the judgment, if 
there had been a verdict. 

§ 28 When a demurrer shall be joined in any action, the Demurrer, 
court shall not regard any other defect or imperfection in the writ, 
return, declaration or pleading, than what shall be specially 
alledged in the demurrer as causes thereof, unless something so 
essential to the action or defence as that judgment according to 
law and the very right of the cause cannot be given, shall be 
omitted, and for prevention of delay by arresting judgment and 
vexatious appeals, the several acts of parliament, commonly called 
the statute of Jeofails, which were in force and use in England, 
on the seventh day of February one thousand seven hundred and 7 Feb. 1752. 
fifty two, shall be, and are hereby declared 



454 



ILLINOIS HISTORICAL COLLECTIONS 



Jury take pa- 
pers. 

After issue 
joined no ex- 
ception. 

Part omitted 
barred. 



Judgt. con- 
fess, release 
errors. 

Battery and 
slander, no 
costs in cer- 
tain cases. 



Trespass vi 
et armis re- 
cocover only 
2/3 costs. 



No suit in 
G. C. under 
50 dollars. 



Judge to in- 
spect record. 



No disconti- 
nuance if ct. 
dont* sit. 



(327) 

to be, for so much thereof as relates to mispleading, jeofail and 
amendment, in full force in this territory. 

§ 29. Papers read in evidence, though not under seal, may- 
be carried from the bar by the jury. 

§ 30. After an issue joined in an ejectment, on the title 
only, no exception of form or substance, shall be taken to the 
declaration, in any court whatsoever. 

§ 31. If in detinue, the verdict shall omit price or value, the 
court may at any time award a writ of enquiry, to ascertain the 
same. If on an issue concerning several things, in one count, in 
detinue, no verdict be found for part of them, it shall not be error, 
but the plaintiff shall be barred of his title to the things omitted. 

§ 32. A judgment on confession shall be equal to a release 
of errors. 

§ 2)?). In all actions of assault and battery, and slander, com- 
menced and prosecuted in the General court, if the jury find under 
twenty dollars ; and in the like actions commenced and prosecuted 
in any county court, if the jury find under six dollars and sixty- 
six cents, the plaintiff in either case shall not recover any costs ; 
and in actions of trespass vi et armis, instituted in any court of 
record within the Territory, if the plain- shall recover a sum 
less than five dollars, he 

(328) 

shall be allowed to recover two thirds of the costs given by law 
in such suit, and no more. 

§ 34. No suit shall be commenced in the General court, or 
removed into the said court, from any of the inferior courts, by 
appeal or otherwise, except by writ of error, unless the matter of 
controversy, between the parties shall exceed the sum of fifty 
dollars. 

§ 35. The General court shall annually appoint one of the 
judges thereof to inspect the clerk's office of said court, and to 
report to the next session of the said court, the condition in which 
he shall find the papers and records which report shall be recorded. 

§ 36. There shall be no discontinuance of any suit, process 
matter or thing returned to, or depending in the General court, 



COURTS, 1807 



455 



although a quorum of the judges shall fail to attend at the com- 
mencement, or any other day of any session; but if a majority of 
them shall fail to attend at the commencement of any session, any 
judge of the said court, or the Sheriff, attending, the same may Shff. may ad- 
adjourn the said court from day to day for three days success- 
ively; and if a quorum shall not attend on the fourth; or having 
attended one day, shall fail to attend on a subsequent day of a 
session, the court shall stand adjourned till court in course. 

(329) 

§ 37. Execution shall be issued from the General court 
according to law. 

§ 38. The General court shall have power to direct the 
writs, summonses, process, forms and modes of proceedings to be 
issued, observed and pursued by the said General court. 

§ 39. In appeals and writs of error, the following rules shall 
be observed : 

No appeal shall be granted from the judgment, or decree of 
an inferior court, to the General court, unless such judgment or 
decree be final ; and amount, exclusive of costs, to fifty dollars, or 
relate to a franchise or freehold. 

Every appeal shall be prayed at the time of rendering the 
judgment, sentence or decree. 

The person appealing shall, by himself or a responsible 
person on his behalf, in the ofifice of the clerk of the court from 
whence the appeal is prayed, give bond and sufficient security to 
be approved by the court, and within a time to be fixed by the 
court, to the appellee, for the due prosecution of the appeal ; the 
penalty of the said bond shall be in a reasonable sum, in the dis- 
cretion of the court. 

It shall be the duty of the appellant to lodge an authenticated 
copy of the record in the clerks office of the General court before 
the expiration of the next succeeding 



G. C. to di- 
rect froms. 



When no ap- 
peal from in- 
ferior to su- 
perior court. 



Appeal when 
prayed for. 

Appellant to 
give bond. 



(330) 

term thereof : Provided, There be thirty days between the time 
of making such appeal, and the commencement of said term ; and 
if there be not thirty days between the making of the appeal, and 



To lodge re- 
cord in office 
in 30 days of 
1st or 2d 
term or 
appeal dis- 
missed. 



456 



ILLINOIS HISTORICAL COLLECTIONS 



On affirm, 
judgt. 10 per 
cent. 



judgt. rever- 
sed appellent 
pay costs. 

Reversed & 
affirmed in 
part ct. to ap 
portion costs. 



Ct. may issue 
exon. or re- 
mand cause. 



Writ of er- 
ror not a su- 
persedeas un 
less J. en- 
dorse & bond 
given. 



Plaintiff to 
file record 



the sitting of the first term of the General court, then the record 
shall be lodged as aforesaid, at or before the commencement of 
the second term of said court, or else it shall stand dismissed, 
unless further time shall be granted by the court, before the end 
of the term, to which the same shall have been returned. 

If the judgment or decree be affirmed in the whole, the appel- 
lant shall pay to the appellee, a sum not exceeding ten per centum 
at the discretion of the court, on the sum due thereby, besides the 
costs upon the original suit and appeal. 

If the judgment, or decree, shall be reversed in the whole, the 
appellee shall pay to the appellant, such costs as the court, in their 
discretion may award. 

Where the judgment, or decree, shall be reversed in part, and 
affirmed in part, the costs of the original suit and appeal, shall be 
apportioned between the appellant and appellee, in the discretion 
of the court. 

The General court, shall, in case of a partial reversal, give 
such judgment or decree, as the inferior court ought to have given. 

On appeals or writs of error, it shall be lawful for the Gen- 
eral court, to issue exe- 

( 331 ) 

cution, or remit the cause to the inferior court, in order that an 
execution may be there issued, or that other proceedings may be 
had thereupon. 

No writ of error shall be a supersedeas, unless the General 
court, or some Judge thereof, in vacation (as the case may be) 
after inspecting a copy of the record, shall order the same to be 
made a supersedeas, in which case, the clerk issuing the said writ, 
shall endorse on the said writ of error, "that it shall be a super- 
sedeas, and it shall be obeyed as such accordingly;" and it shall 
also be necessary before a writ of error shall operate as a super- 
sedeas, that bond, to be approved by the clerk of the court issuing 
the said writ, shall be given in the same manner, and under the 
like penalty as in cases of appeals. 

And the plaintiff in error, shall lodge an authenticated copy 
of the record, under the same regulations, and the parties in error 



COURTS, 1807 



457 



shall be subject to the same judgment and mode of execution as is 
already directed in the case of appeals. 

A writ of error shall not be brought after the expiration of 
five years from the passing of the judgment complained of ; but 
where a person thinking himself aggrieved by any decree or judg- 
ment which may be reversed in the General court, shall be an 
infant, femme covert, non compis mentis, or imprisoned when the 
same was passed, the time of such disability, shall be excluded 
from the computation of the said five years. 

T 2 

( 332 ) 

Whenever the said General court shall be divided in opinion, 
on hearing any appeal or writ of error, the judgment or decree 
appealed from shall be affirmed. 

§ 40. The Clerk of the General court shall carefully pre- 
serve the transcript of records, certified to his court, with the 
bonds for prosecution, and all papers relating to them, & other 
suits depending therein, docketing them in the order he receives 
them, that they may be heard in the same course ; unless the court 
for good cause to them shewn direct any to be heard out of its 
time ; the proceedings of every day during the term, shall be drawn 
at full length by the Clerk, against the next sitting of the court, 
and such corrections as are necessary, being made therein, they 
shall be signed by the presiding Judge ; when any cause shall be 
finally determined, the Clerk shall make a complete record thereof ; 
and all writs, processes and summonses, issuing from the General 
court, shall be signed by the Clerk of the same, shall bear teste in 
his name, and be dated on the days, on which they issue. 

§ 41. For good cause the General court and courts of Com- 
mon Pleas, or any judge thereof may grant commissions for the 
examination of witnesses ; and the Clerks of the said courts, when 
any witness is about to depart from the said Territory, or shall 
by age, sickness or otherwise, be unable to attend the court, or 
where the claim or de- 



No writ of 
error after 5 
years unless 
in cases of 
disability. 



On division 
of ct. jndgt. 
affirmed. 

Clk. to pre- 
serve records 



Draw up pro" 
ceedings to 
be signed by 
judge. 

Make com- 
plete record. 
Process in 
name of elk. 



Crts. of C. P. 
to grant de- 
dimus's. 



458 



ILLINOIS HISTORICAL COLLECTIONS 



Party to give 
notice. 

One or more 
defts. in the 
same process 
& officer can 
not find part 
he shall take 
those he can 
find & make 
a special re- 
turn thereof. 



{ZZZ) 

fence of any party, or a material part thereof, shall depend on a 
single witness, may upon affidavit thereof, issue a commission for 
taking the deposition of such witness, "de bene esse," to be read 
as evidence at the trial, in case the witness be then unable to 
attend ; but the party obtaining such commission shall give reason- 
able notice to the other party, of the time and place of taking the 
deposition. 

§ 42. If any plaintiff or plaintiffs, shall sue out any writ 
of capias ad respondendum or summons against two or more de- 
fendants, directed to the Sheriff or Coroner of the proper county, 
or to elisors, as the case may require ; and the said Sheriff, Coro- 
ner or elisors, cannot find each of the defendants named in the said 
writ of capias ad respondendum, or summons, within his or their 
bailiwick, it shall be the duty of the said Sheriff, Coroner, or 
elisors, to serve the said capias or summons, on as many of the 
said defendants as may be found in his or their bailiwick, either by 
taking their bodies or by delivering to them copies of such process, 
as the case may require ; and the said Sheriff, Coroner, or elisors, 
shall make return of such process, by endorsing thereon "cepi 
corpus," as to the defendant, or "cepi corpora," as to the defend- 
ants, on whom the same hath been served, in manner aforesaid, 
and by also endorsing thereon, "non est inventus," as to the de- 
fendant, or "non sunt inventi," as to the defendants, who are not 
to be found in his or their bailiwick. 



Pltff. may de 
clare special- 
ly & obtain 
judgt. 



After which 
may issue a 
sci. fa. & ob- 



(334) 

§ 43 After the capias or summons hath been served and 
returned as aforesaid, the plaintiff or plaintiffs may file a declara- 
tion against the defendant or defendants, on whom such service 
hath been made, [suggesting therein the return endorsed on the 
said process, as to the said defendant or defendants, on whom the 
same hath not been served,] and may proceed to judgment against 
the said defendants according to the custom and practice of the 
courts ; and after such judgment hath been obtained, the plaintiff 
or plaintiffs, may by a writ or writs of scire facias cause the de- 
fendant or defendants, on whom such process hath not been 



SURVEYORS, 1807 



459 



served, to be made parties to the said judgment; unless such de- 
fendant or defendants, shew good and sufficient cause, why such 
judgment should not be entered against liim, her or them, and the 
defendant or defendants, made parties to the judgment as afore- 
said, shall be subject to the same final process, as though he, she 
or they had been duly served with mesne process, and had there- 
upon appeared and received a declaration and made defence, or 
suffered a default. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

(335) 

CHAPTER XLVH. 

An Act for the appointment of Surveyors and their Deputies, and 
for allowing them Fees. 

§ 1. A SURVEYOR shall be appointed in every county, 
and commissioned by the Governor, with reservation in such com- 
mission, for one sixth part of the legal fees, for the use of the 
Territory, for the yearly payment of which, he shall give bond 
with sufficient security to the governor, shall reside within his 
county, and before he shall be capable of entering upon the execu- 
tion of his office, shall before the court of Common Pleas of said 
county, take an oath and give bond, with two sufficient securities, 
to the governor and his successors in such sum as he shall direct, 
for the faithful execution of his office. 

§ 2. All deputy surveyors shall be nominated by their prin- 
cipals, who shall be answerable for them, and if of good character 
commissioned by the governor, and shall thereupon be entitled to 
one half of all fees received for services performed by them re- 
spectively, after deducting the proportion thereof due to the 
Territory. 

§ 3. If any principal surveyor shall fail to nominate a suf- 
ficient number of deputies to perform the services of his office, in 



tain judgt. 
vs. other par 
ties. 



Gov. to ap- 
point survrs. 



Take oath. 

Give bond & 
security. 

Nominate de 
puties. 



When C. P. 
to nominate. 



460 



ILLINOIS HISTORICAL COLLECTIONS 



Deputy how 
incapacitatd' 



Chain carri- 
ers how paid 



Take oath. 



Survey, platt 
fees for. 



due time, the court of Common pleas of the 

(336) 

county shall direct what number he shall nominate, and in case of 
failure shall nominate for him: and if any deputy surveyor, or 
any other on his behalf, and with his privity, shall pay or agree to 
pay any greater part of the profits of his office, sum of money in 
gross, or other valuable consideration to his principal for his 
recommendation, or interest in procuring the duputation, such 
principal and his deputy shall be thereby rendered incapable of 
serving in such office. 

§ 4. No survey shall be made without chain carriers, to be 
paid by the person demanding the same, and sworn to measure 
justly and exactly to the best of their knowledge, and to deliver a 
true account thereof to the surveyor, which oath every surveyor 
is hereby empowered and required to administer. 
§ 5. For every survey by him plainly bounded, as the law D. C. 
directs, and for a platt of such survey after the delivery 
of such platt, where the survey shall not exceed four hun- 
dred acres of land 5 25 
For every hundred acres contained in one survey, above 

four hundred 25 

For surveying a lot in town 1 

And where a surveyor shall be stopped or hindred from fin- 
ishing a survey by him begun, to be paid by the party 
who required the same to be surveyed 2 62 



( 337 ) 

For running a dividing line 

For surveying an acre of land for a mill 

For every survey of land formally patented, and which shall 
be required to be surveyed, and for a platt thereof, deliv- 
ered as aforesaid, the same fee as for land not before 
surveyed ; and where a survey shall be made of any lands 
which are to be added to other lands in an inclusive 
patent, the surveyor shall not be paid a second fee for 
the land first surveyed, but shall only receive what the 
survey of the additional land shall amount to. 



2 10 
1 5 



SURVEYORS, 1807 



461 



And where any surveys have been actually made of several 
parcels of land adjoining, and several platts delivered, if 
the party shall desire one inclusive platt thereof, the sur- 
veyor shall make out such for 1 5 
For running a dividing line between any county or town- 
ship, to be paid by such county, or township, in propor- 
tion to the number of taxable inhabitants, if ten miles 
or under 10 50 
And for every mile above ten 30 
For receiving a warrant of survey and giving a receipt 

therefor 17 

For a copy of a plat of land or a certificate of survey 25 

Provided always, That where any person shall employ a sur- 
veyor, and shall have re- 

(338) 

ceived a platt of land surveyed, and afterwards shall assign the 
platt of land to any other, either before, or after obtaining a patent 
for the same, if such person for whom the land was first sur- 
veyed, shall not have paid for the said survey, it shall and may be 
lawful for the Sheriff or other officer of the county or corpora- 
tion where such assignee shall reside ; at the instance of such 
surveyor, to make distress upon the slaves, goods and chatties of 
such assignee in like manner as is herein after provided for sur- 
veyors fees refused or delayed to be paid. 

The surveyor of every county shall annually before the twen- 
tieth day of January deliver or cause to be delivered to the sheriff 
of every county his account of fees due from any person or 
persons, residing therein, which shall be signed by the said 
surveyor. 

And the said sheriffs are hereby required and empowered to 
receive such accounts, and to collect levy and receive the several 
sums of money therein charged, of the persons chargeable there- 
with, and if such person or persons after the said fees shall be 
demanded, shall refuse or delay to pay the same till after the 
tenth day of April in every year, the sheriff of every county 
wherein such person resides, or of the county in which such fees 



Surveys and 
platts made 
& delivered, 
& afterwards 
assigned, the 
shff. or other 
officer at the 
instance of 
survr. may 
distress as for 
fees delayed 
to be paid. 



Fees due an- 
nually deliv- 
ered to shff. 
to collect. 



When shff. 
to make dis- 
tress & sale. 



462 



ILLINOIS HISTORICAL COLLECTIONS 



Time when 
shff to acpt. 



Refusing to 
acpt. & pay 
how proceed- 
ed against. 



Judgt. to be 
granted & 
exon. issued. 
Also vs. exrs. 
or adm of 
sheriffs. 
Recpts. good 
unless denied 
on oath. 



became due, shall have full power, and he is hereby required, to 
make distress of the slaves, or 

(339) 

goods and chatties of the party so refusing or delaying payment, 
either in that county where such person resides or where the same 
fees became due. 

Every sheriff of every county shall on or before the last day 
of May in every year, account with the respective surveyors for 
all fees put into his hands pursuant to this act, and pay the same 
abating six per centum for collecting; and if any sheriff shall 
refuse to account or pay the whole amount of fees put into his 
hands, after the deductions aforesaid made, together with an 
allowance of what is charged to persons not dwelling or having 
any visible estate in his county, it shall and may be lawful for the 
surveyors, their executors or administrators, upon a motion made 
in the next succeeding General or Circuit court, or in the court 
of Common Pleas of the county to demand judgment against such 
sheriff, for all fees, wherewith he shall be chargeable by virtue of 
this act, and such court is hereby authorized and required to give 
judgment accordingly, and to award execution thereupon, Pro- 
vided The sheriff have ten days previous notice of such motion. 
The executors or administrators of any such sheriff' or under 
sheriff, shall be liable to judgment as aforesaid, for the fees re- 
ceived to be collected by their testator intestate, and not accounted 
for ; every receipt for fees produced in evidence on any such 
motion, shall be deemed to be the act 

V 2 

(340) 

of the person subscribing it, unless he shall deny the same upon 
oath, 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS. 

President of the CouneiL 
Approved — September. 1807. 

WILLIAM HENRY HARRISON. 



SLAVES AND SERVANTS, 1807 



463 



CHAPTER XLVIII. 

An Act concerning Servants. 

§ 1. ALL negroes and mulattoes, (and other persons not 
being citizens of the United States of America) who shall come 
into this Territory, under contract to serve another, in any trade 
or occupation, shall be compelled to perform such contract specifi- 
cally during the time thereof. 

§ 2. The said servants shall be provided by the master with 
wholesome and sufficient food, cloathing and lodging, and at the 
end of their service, if they shall not have contracted for any re- 
ward, food, cloathing, and lodging, shall receive from him, one 
new and complete suit of cloathing, suited to the season of the 
year, to wit: a coat, waistcoat, pair of breeches, and shoes, two 

(341) 

pair of stockings, two shirts, a hat and blanket. 

§ 3. The benefit of the said contract of service, shall be 
assignable by the master to any person being a citizen of this 
Territory to whom the servant shall in the presence of a Justice 
of the Peace freely consent, that it shall be assigned ; the said 
Justice attesting such free consent in writing, and shall also pass 
to the executors, administrators, and legatees of the master. 

§ 4. Any such servant being lazy, disorderly, guilty of mis- 
behaviour to his master, or master's family, shall be corrected by 
stripes, on order from a Justice of. the county wherein he resides; 
or refusing to work, shall be compelled thereto in like manner, 
and moreover shall serve two days for every one he shall have so 
refused to serve, or shall otherwise have lost, without sufficient 
justification, all necessary expences incurred by any master for 
apprehending and bringing home any absconding servant, shall 
be repaid by further service, after such rates as the court of 
Common Pleas, of the county shall direct, unless such servant shall 
give security, to be approved of by the court for the payment in 
money within six months, after he shall be free from service, and 
shall accordingly pay the same. 

§ 5. If any master shall fail in the duties prescribed by this 
act, or shall be guilty of injurious demeanor towards his servant it 



NegfToes in- 
dented &c 



Master to 
find servt. 
food &c. 



Master may 
transfer in- 
denture. 



Servts. lazy 
or disorderly 
to be whip- 
ped &c. 



Master ill 
treating ser- 



464 



ILLINOIS HISTORICAL COLLECTIONS 



vant how re- 
dressed. 



Contract be- 
tween master 
& servt. void 

C. P. to hear 
complaint of 
servants. 



Servts. may 
acquire & 
hold goods. 



Masters put- 
ting off ser- 
vants how 
punished. 



(342) 

shall be redressed on motion, by the court of Common Pleas, of 
the county wherein the servant resides, who may hear and deter- 
mine such cases in a summary way, making such orders thereupon 
as in their judgment will relieve the party injured in future. 

§ 6. All contracts between masters and servants, during the 
time of service shall be void. 

§ 7. The court of Common Pleas of every county shall at 
all times receive the complaints of servants, being citizens of any 
of the United States of America, who reside within the jurisdic- 
tion of such court, against their masters or mistresses, alledging 
undeserved or immoderate correction, insufficient allowances of" 
food, raiment, or lodging, and may hear and determine such case 
in a summary way, making such orders thereupon as in their judg- 
ment will relieve the party injured in future, and may also in the 
same manner hear and determine complaints of masters and mis- 
tresses against their servants, for disertion without good cause, 
and may oblige the latter for loss thereby occasioned, to make 
restitution for further services, after the expiration of the time, 
for which they had been bound. 

§ 8. If any servant shall at any time bring in goods or 
money, during the time of their service, shall by gift, or other 
lawful means, acquire goods or money, they shall have the prop- 
erty, and benefit thereof, to their own 

(343) 

use ; and if any servant shall be sick or lame and so become useless 
or chargeable, his or her master or owner shall maintain such 
servant, until his or her whole time of service shall be expired; 
and if any master or owner shall put away any lame or sick ser- 
vant, under pretence of freedom, and such servant becomes 
chargeable to the county, such master or owner shall forfeit and 
pay thirty dollars, to the overseers of the poor of the county 
wherein such offence shall be committed, to the use of the poor of 
the county, recoverable with costs, by action of debt in any court 
of Common Pleas of this Territory, and moreover shall be liable 
to the action of the said overseers of the poor at the common law 
for damages. 



SLAVES AND SERVANTS, 1807 



465 



Servts. of co- 
lor not to 
purchase 
whte servts. 



Not trade 
with servts. 



§ 9. No negro, Mulatto or Indian shall at any time purchase 
an}' servant, other than of their own complexion, and if any of 
the persons aforesaid shall nevertheless presume to purchase a 
white servant, such servant shall immediately become free, and 
shall be so held deemed and taken. 

§ 10. No person whatsoever shall buy, sell or receive of, to 
or from any servant any coin or commodity whatsoever, without 
the leave or consent of the master or owner of such servant ; and 
if any person shall presume to deal with any servant without such 
leave or consent, he or she so offending, shall forfeit and pay to Penalty, 
the master or owner of such servant, four times the value of the 
thing so bought, sold or recei- 

(344) 

ved, to be recovered with costs by an action upon the case, in any 
court of Common pleas of this territory; & shall also forfeit & 
pay the further sum of twenty dollars to any person who will sue 
for the same, or receive on his or her bare back, thirty-nine lashes 
well laid on, at the public whipping post, but shall nevertheless 
be liable to pay the costs of such suit. 

§ 11. In all cases of penal laws where free persons are 
punishable by fine, servants shall be punished by whipping, after 
the rate of twenty lashes for every eight dollars, so that no ser- 
vant shall receive more than forty lashes at any one time, unless 
such offender can procure some person to pay the fine. 

§ 12. Every servant upon the expiration of his or her time, 
and proof thereof made before the court of Common Pleas of the 
county, where he or she last served, shall have his or her freedom 
recorded and a certificate thereof, under the hand of the Clerk, 
which shall be sufficient to indemnify any person for entertaining 
or hiring such servant; and if such certificate should happen to 
be torn or lost, the Clerk upon request, shall issue another, reciting 
therein the loss of the former ; and if any person shall harbor or 
entertain a servant not having and producing such certificate, he 
or she shall pay to the master or owner of such servant one dollar 
for every natural day he or she shall so harbor or entertain 
such run- 



Persons fined 
servts. whpd. 
unless &c. 



Servts. ser- 
ving time 
how to pro- 
ceed. 



Unless &c. 



How punish- 
ed. 



466 



ILLINOIS HISTORICAL COLLECTIONS 



(345) 



Person forg- 
ing how pu- 
nished. 



Servtsi trav- 
eling without 
pass how pu- 
nished. 



Servts. being 
on others 
plantation to 
be punished. 



away, recoverable with costs, by action of debt, in any court of 
Common Pleas of this Territory; and if any runaway shall make 
use of a forged certificate, or after delivery of a true certificate 
to the person hiring him or her, shall steal the same and thereby 
procure other entertainment, the person entertaining or hiring shall 
not be liable to the said penalty, but such runaway, besides making 
reparation for loss of time and charges of recovery, shall stand 
two hours in the pillory on a court day for making use of such 
forged or stolen certificate, and the person forging the same 
shall forfeit and pay thirty dollars, one moiety to the 
Territory and the other moiety to the owner of such run- 
away, or the informer, recoverable with costs, in any court of 
Common Pleas of this Territory; and on failure of present pay- 
ment, or security for the same within six months, such offender 
shall receive thirty-nine lashes on his or her bare back well laid 
on, at the common whipping post; and where a runaway shall 
happen to be hired upon a forged certificate and afterwards denies 
the delivery thereof, the onus prohandi shall lie upon the party 
hiring such runaway. 

§ 13. If any slave or servant shall be found at the distance 
of ten miles from the tenement of his or her master, or the person 
with whom he or she lives, without a pass or some letter or token, 
whereby it may appear that he or she is proceeding by authority 
from his or her master, employer 

( 346 ) 

or overseer, it shall and may be lawful for any person to appre- 
hend and carry him or her before a Justice of the Peace, to be by 
his order punished with stripes, not exceeding thirty five, at his 
discretion. 

§ 14. If any slave or servant shall presume to come and be 
upon the plantation or at the dwelling house of any person what- 
soever, without leave from his or her owner, not being sent upon 
lawful business it shall be lawful for the owner of such plantation, 
or dwelling house to give, or order such slave or servant ten lashes 
on his or her bare back. 



FEES, 1807 



467 



Harboring 
servt. finable 



Assisting ser- 
vants to ab- 
scond finable 



§ 15. Riots, routs, unlawful assemblies, trespass and sedi- Riots how 
tious speeches, by any slave or slaves, servant or servants, shall be P"'"^ 
punished with stripes, at the discretion of a Justice of the Peace, 
not exceeding thirty-nine, and he who will may apprehend and 
carry him, her or them before such Justice. 

§ 16. If any person shall harbor any servant or slave of 
color, who is bound to ser\'ice, without the consent of his or her 
master first obtained, he or she so oflfending, shall be fined in any 
sum not exceeding one hundred dollars, at the discretion of the 
court, to be recovered by indictment or information ; and if any 
person shall aid and assist any servant, or slave to abscond from 
his or her master, upon conviction thereof, he or she so offending, 
shall be lined 

( 347 ) 

in any sum not exceeding five hundred dollars, at the discretion 
of the court, for the use of the party aggrieved, to be recovered 
as aforesaid, 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XLIX. 
An Act regulating the Fees of the several Officers and Persons 

therein named. 
§ 1. NO officer shall at any time exact or demand for ser- Fees^to be 
vices hereafter to be performed any larger or other fee, to be 
taxed in a bill of costs, than is hereinafter provided. 

CLERKS FEES IN THE COMMON PLEAS. 

D. C. M. 

Every writ of capias and seal, 50 
Entering action, -------- 6 

Filing writ, --------- g 

A bond given by the plaintiiT when he is not a freeholder 

and resident of the Territory 37 5 



taxed. 



Clerk C. P. 



468 ILLINOIS HISTORICAL COLLECTIONS 

W 2 

(348) 

D. C. M. 
Filing declaration 6 
Copy of declaration or other pleading per sheet if re- 
quired each sheet containing seventy two words 12 5 
Discontinuance or retraxit ditto 
Altering a declaration in ejectment, and admitting de- 
fendant 25 
Entering every motion and rule thereon 12 5 
Copy of every rule when required ditto 
Bringing a particular record into court 25 
Entering satisfaction of record 12 5 
Receiving and entering verdict ditto 
Entering judgment 15 
Reading and allowing every writ of habeas corpus, writ 

of error or certiorari and the return 25 

An execution 50 
Transcript of the record in error, and returning it with 

the writ every sheet of seventy two words 12 5 

Entering defendants appearance 6 

Drawing and filing special bail in or out of court 18 

Every writ of enquiry per sheet 12 5 

Entering on docket ditto 

Filing every plea, replication or joinder or other pleadings 6 

Receiving and entering the panel and swearing the jury 18 

A habeas corpora juratorum 50 

Subpoena for four witnesses or under do 

Swearing each witness 6 

Swearing constable 6 

( 349 ) 

D. C. M. 
Making up and entering a complete record after judg- 
ment per sheet of seventy two words 18 
Copy of a record, of a judgment, when required per 

sheet of seventy two words 12 5 

Searching the record within one vear ditto 



FEES, 1807 469 

Every year back 6 

Copy of a record per sheet of seventy two words 12 5 
Entering report of referrees per sheet of seventy two 

words ditto 
On confession of judgment, default, joinder or demurrer 25 
Entering rule of court on appointing referrees 15 
Continuing each cause 20 
On surrendering the principal in court by sureties 15 
On entering every principal motion 10 
Every issue joined 25 
On every trial do 
On drawing special list of jury, attending and striking 
and making copies of jury list, for plaintiff and de- 
fendant 50 
Issuing commission to take depositions do 
For recording certificate of marriage 12 5 

CLERKS FEES IN CRIMINAL PROCEEDINGS. 

Taking a recognizance and drawing it up in form, to be 

paid to the clerk 

(350) 

D. C. M. 

or other person who does the service 37 5 Clk. C. P. in 
For engrossing every indictment and filing and reading ggg^ 

the same 56 

Supoena for four witnesses or under 50 

A venire or other writ. do 
Entering defendants appearance 6 

An execution 50 

Making up record per sheet of seventy two words 18 

Copy of same if required 12 5 

Every order or rule of court 9 

Entering nolo prosequi, or ceffat processus 18 
A venire for jurors to inquire of riots forcible entries 

and detainers &c. 50 
Drawing and engrossing inquisition and returning the 

same 6 



470 ILLINOIS HISTORICAL COLLECTIONS 

Filing record 12 5 

Entering the panel and swearing the jury 25 

Swearing each witness or constable 6 

Reading each evidence or petition in court 6 

Taking and entering verdict 12 5 

Entering judgment and the fine 15 

Entering defendants confession do 

Copies of indictment and pleadings if required per sheet 

of seventy two words 12 5 

Discharging a recognizance 10 

For examining every account in court do 

On entering appeal, allowing habeas corpus and writ of 

certiorari, when 

(351) 

D. C. M. 
presented from the Judges of the General court 12 5 

Every trial 25 

Continuing cause 20 

Entering a nolo prosequi 12 5 

Certificate and seal 75 

Receiving, reading and filing every order brought to be 

allowed at the court of Common Pleas, and entering 

the confirmation and recording the same as in other 

cases per sheet of seventy two words 12 5 

Making cost bill 37 5 

Copy thereof 25 

To the Clerk in lieu of fees hearafter chargeable to the 

county the annual sum of 30 

To the Clerk of the General court the same sum to be 

paid by the Territory 

PROBATE FEES. 

For all copies each folio of seventy two words 12 5 

Probate. For administering an oath 6 

For filing 18 

For a citation 50 

For a letter of administration 2 50 



FEES, 1807 471 

Taking and filing a renunciation and taking proof of a 
renunciation, and which proof the Clerks of the court 
of Common Pleas are hereby authorised and required 
to take SO 

(352) 

D. C. M. 
For proving a will, endorsing a certificate thereon, re- 
cording the same and filing it 2 50 
For qualifying administrator taking bond, and writing 

certificate 1 50 

For filing caveat 18 

For proving codicil, if proved seperately, endorsing 

certificate, recording the same and filing it 1 50 

For examining and proving an inventory or account 1 

For granting the administration with the will annexed 2 50 

For settlement of accounts of executor or administrator 50 

Every copy of said account not exceeding one hundred 

items, with certificate and seal of office. 1 50 

Reading and filing petition, to sell land, and swearing 
administrator to the truth of the statement made and 
entering the necessary order thereon 67 

Giving notice by order of court for sale of land, for 

every advertisement not exceeding three 25 

JUSTICES FEES IN THE COURT OF COMMON PLEAS 
FOR THE USE OF THE COUNTY. 

For each action in court 

Signing every judgment . . 

Taking bail .... 

(353) 

Acknowledging satisfaction on record 
Taxing and signing bill of costs 
Proof or acknowledgment of a deed 
For every issue joined 
Eor every trial 



37 5 
12 5 


Judges of C. 
P. use of 


25 


county. 


D. C. M. 




9 




25 




37 5 




50 




1 





472 



ILLINOIS HISTORICAL COLLECTIONS 



Allowing writ of error, habeas corpus or certiorari, when 

presented form the judges of the General court 
Granting reference 
Approving the report of referees 
On surrender of principal in court 
Hearing petition and making order thereon 

SHEIFF's FEES. 

Sheriff's. For serving a writ and taking into custody 

For every mile fixed by law 

Every bail bond and copy of same 

Returning writ 

Summoning jury 

Attending a view per day 

Going and returning 

Serving and returning a scire facias 

Serving a writ of possession with the aid of the posse 
commitatus 

Every mile from the place of holding Court 

Serving such writ without the aid of the posse com- 
mitatus 

For calling a jury on each cause 

Every person committed to the common jail 

( 354 ) 

Calling every witness 

Discharging every person out of the common jail 

Calling every action 

Executing a writ of enquiry, drawing inquisition and 
returning the same 

Discharging every person by proclation 

Serving a summons 

For attending a prisoner before a judge when surren- 
dered by his bail and receiving the prisoner into 
custody 

In criminal cases the like fees in the respective courts. 
as for the like services in civil cases 



50 


25 


30 


20 


25 


50 


6 


50 


9 


75 


1 


1 


Z7 5 


2 50 


6 


1 25 


12 5 


d>7 5 


J. C. M. 


6 


?>7 5 


9 


1 50 


9 


Z7 5 



50 



FEES, 1807 



473 



For dieting a prisoner per day 

For proceeding to sell on any execution, if the property 
to be actually sold, the commission to the sheriff shall 
be five per centum on the first three hundred dollars, 
and two per centum on all sums above that; and one 
half of such commissions when the money is paid to 
the sheriff without seizure, or when the lands or goods 
seized or taken shall not be sold, and no other fee or 
reward shall be allowed upon any execution, except 
for the expence of receiving and keeping the property 

For making a deed on sale of real estate on execution 

(355) 



25 



D. C. M. 



To the sheriff in lieu of all fees that may hereafter be 
chargeable to the county, the annual sum of 50 

JURORS FEES IN THE COMMON PLEAS AND 
GENERAL COURT. 
Every juror sworn in each action 25 Jurors. 

Every juror attending a view 50 

WITNESSES FEES IN THE COURT OF COMMON 
PLEAS AND GENERAL COURT. 
Every witness attending in his own county on trial per day 37 5 Witnesses. 
Attending from a foreign county and coming and re- 
turning per day 56 
Each witness subpoenaed in the county & detained from 

a foreign county per day 56 

To a witness on a duces tecum coming from a foreign 

county attending and returning per day 56 

Except a clerk of a court, attending from a foreign 

county with wills, records, and other evidences, on 

subpoena per day 1 65 



THE ATTORNEY PROSECUTING THE 
PLEAS OF THE UNITED STATES. 

For every indictment or information for the whole 
prosecution 



Atto. pros, 
pleas. 



474 



ILLINOIS HISTORICAL COLLECTIONS 



Coroners. 



Recorders. 



Secretary's. 



Y 2 . 
(356) 

CORONERS FEES. 

For the view of each body 3 

Each juryman that sits on the body 

For witnesses the same allowance as in the court of 

Common Pleas 
Serving writs in all cases, the same as is before allowed 

to the sheriff for like services ; the fees of the coroners 

inquest shall be certified by the coroner, and paid by 

the treasurer of the county 

RECORDERS FEES. 

For recording mortgages per sheet of one hundred words 
And the like fees for recording all other deeds and in- 
struments 
For copies of records and deeds per sheet 

SECRET ARYS FEES. 

For copies or exemplification of records per sheet of 

seventy-two words 
And seal and certificate thereto when required 
For affixing the seal to any patent 
For recording an extract of every patent for land when 

the same is not recorded at full length 
For recording at full length any such patent, on the 

application of the 

( 357 ) 

patentee requesting the same, but not otherwise, for 
every seventy-two words 

SURVEYORS FEES. 



D. C. M. 



12 5 



16 



12 5 



12 5 

75 
75 

25 



D. C. M. 



12 5 



Surveyors. 



For going to and returning from a view per day, and 

thirty miles per day 1 25 



FEES, 1807 



475 



His actual service per day, on the view per day 1 50 

For going to, attending the court per trial and returning 
per day 1 25 



JUSTICES OF THE PEACE THEIR FEES. 

For every warrant in a criminal case 

On every trial for forcible entry and detainer 

Every precept for forcible entry and detainer 

Every bond or recognizance 

Administering an oath 

For a summons in debt, or a capias in debt or case 

For every subpoena 

For every name inserted after 

Entering every judgment for debt or damages when trial 

Every judgment by confession of defendant 

Every execution 

Certified copies of all proceedings on appeal or certiorari 

Writing signing and sealing every attachment 

Entering rule of reference on docket 



(358) 

Entering recognizance of bail, in civil cases 

Issuing special bail piece 

Swearing a witness 

Administering an oath or deposition 

Acknowledging a deed or power of attorney by every 

Justice of the Peace 
Order for removing a pauper 
Order for relieving a pauper 
Issuing scire facias against special bail 
Issuing a scire facias after a year and a day 
Or to appraise damages in trespass 
Publishing the banns of matrimony 



18 

2 50 
Z7 5 
25 
12 5 
10 
10 
3 
20 
10 
20 
2,2, 
13 
10 

D. C. M. 

10 

13 

6 

10 

25 
50 
25 
20 
20 
20 
67 



WITNESSES FEES BEFORE A MAGISTRATE 
IN THE TRIAL OF SMALL CAUSES. 

Each witness for attending per day 



Justces. peace 



25 



Witnesses be 
fore J. P. 



476 



ILLINOIS HISTORICAL COLLECTIONS 



CONSTABLES FEES. 

For serving a summons or warrant on each person there- 
in named 
Constables. For travelhng and going to serve the aforesaid process, 
four cents per mile. 

When two or more are named in such process, milage 
shall be allowed to the place of actual service, the most 
remote to the place where such process is returnable 

For a copy of the summons left at the place of abode 



In criminal 
cases. 



25 



10 

D. C. M. 

10 

5 
26 
25 
25 

4 

25 
10 



(359) 

Serving a subpoena for each person named therein, and 

milage as above 
Making return of each summons or warrant 
Bail bond 

Serving execution on body or goods 
Commitment to prison 

And per mile from the place of abode to the jail 
Sale of goods in either case when the amount does not 

exceed six dollars 
On all sums above six dollars five per centum. 
Returning the same 

CONSTABLES FEES IN CRIMINAL CASES 

Serving a capias, on each one named, with milage as in 
civil cases 50 

Serving a subpoena, on each one named therein with 
milage as above 20 

Attending an examination of a person or persons charged 

with a crime 20 

If more than one, each 5 

Commitment of each person 25 

Milage from the place of examination to the county jail 

per mile 5 

Constable ta- If any constable shall ask, demand or receive any more or 

ter fees fined greater fees than is above mentioned, he or they so offending, shall 



FEES, 1807 



A77 



forfeit and pay any sum, not exceeding eighteen dollars, for every 
such offence, to be recovered before any court having 

(360) 

jurisdiction, the one half to the person suing for the same, the 
other half to the use of the proper county. 

And to the end, all persons chargeable with any of the fees 
aforesaid, due to the several above officers (except constables) 
may certainly know^ for what the same are charged, none of the 
fees herein before mentioned, shall be payable to any person what- 
soever, until there shall be presented unto the person owing or 
chargeable with the same, a bill or amount in writing, containing 
the particulars of such fees, signed by the Clerk, or officer to 
whom such fees shall be due, or by whom the same shall be 
chargeable respectively; on which said bill or account shall be 
expressed in words at full length, and in the same manner as the 
fees aforesaid are allowed by this law, every fee for which any 
money is or shall be demanded. 

The Clerks of the General and Circuit courts, and Clerks 
of the courts of Common Pleas, in this Territory, shall cause to 
be set up in some public place in their offices, and there constantly 
kept, a fair table of their fees herein before mentioned, on pain 
of forfeiting forty dollars for every court day the same shall be 
missing, through their neglect, which penalty shall be to the use 
of the person or persons who shall inform or sue for the same, 
and shall and may be recovered in any court of record within 

( 361 ) 

this territory, by action of debt or information. 

§ 27. If any officer hereafter shall claim, charge, demand, 
exact or take any more or greater fees for any writing, or other 
business by him done within the purview of this act, than herein 
before set down and ascertained, or if any officer whatsoever shall 
charge or demand and take any of the fees herein before 
mentioned, where the business for which such fees are chargeable 
shall not have been actually done and peformed (to be proved by 
the fee book of such officer on his corporeal oath) such officer 



Officers to 
mak and sign. 
bUls. 



Clk. to set up 
table of fees. 



Officer tak- 
ing other or 
greater fee. 



478 



ILLINOIS HISTORICAL COLLECTIONS 



How punish- 
ed. 



Limitation. 



Clk. to deliv- 
er fee bill to 
sheriff. 



Shff. to col- 
lect. 



If paymt. de 
layed. 



Shff. to dis- 
train. 



As also for 
own & other 
sheriffs. 



No wart, for 
for fees ex- 
cept no pro- 
perty. 



for every such offence, shall forfeit and pay to the party injured, 
besides such fee or fees six dollars for every particular article or 
fee so unjustly charged or demanded or taken, to be recovered 
with costs in any court of record in this Territory, by action of 
debt or information, provided the same be sued for within twelve 
months after the offence shall be committed. 

§ 28. And for the better collection of the said fees, the 
Clerks of every court respectively, shall annually before the first 
day of March deliver or cause to be delivered to the Sheriff of 
every county in this Territory, their account of fees due from any 
person or persons residing therein, which shall be signed by the 
clerks respectively. 

§ 29. The said sheriffs are hereby required and empow- 
ered to receive such accounts 

(362) 

and to collect levy and receive the several sums of money therein 
charged of the persons chargeable therewith ; and if such person 
or persons, after the said fees shall be demanded, shall refuse or 
delay to pay the same, till after the tenth day of April in every 
year, the sheriff of that county wherein such person resides, or 
of the county in which such fees became due, shall have full 
power and are hereby required, to make distress of the slaves, or 
goods and chatties of the party so refusing or delaying payment, 
either in that county where such person inhabits, or where the 
same fees became due ; and the sheriff of any county for all fees 
which shall remain due and unpaid after the said tenth day of 
April in any year, either to themselves or the sheriffs of another 
county, which shall be put into his hands to collect, as aforesaid. 
is hereby authorized and empowered to make distress and sale of 
the goods and chatties of the party refusing or delaying payment 
in the same manner as for other fees due to any of the officers 
therein before mentioned, but no action, suit or warrant from a 
Justice, shall be had or maintained, for Clerk's fees, unless the 
Sheriff shall return that the person owing or chargeable with such 
fees, hath not sufficient within his bailiwick, whereon to make 
distress, except when the clerk as aforesaid shall have lost his 



FEES, 1807 



479 



fee book by fire or other misfortune, so that he be hindered from 
putting his fees into the sheriffs hands to collect ; and in that case, 
any suit or warrant may be had and maintained for the recovery 

(363) 

thereof. And if any Sheriff shall be sued, for any thing by him 
done in pursuance of this law, he may plead the general issue, and 
give this law in evidence. 

§ 30. Every Sheriff of every county shall on or before the 
last day of May in every year, account with the Clerks respec- 
tively, for all fees put into his hands, pursuant to this law, and 
pay the same, abating ten per centum for collecting. And if any 
Sheriff shall refuse to account or pay the whole amount of fees, 
put into his hands, after the deductions aforesaid made, together 
with an allowance of what is charged to persons not dwelling, or 
having no visible estate in his county, it shall and may be lawful 
for the Clerks, their executors or administrators, upon a motion 
made in the next succeeding General court, Circuit court or court 
of Common Pleas, of the county of such Sheriff, to demand 
judgment against such Sheriff, for all fees wherewith he shall be 
chargeable by virtue of this law; and such court is hereby au- 
thorised and required to give judgment accordingly, and to award 
execution thereupon ; Provided, The Sheriff have ten days previous 
notice of such motion. 

§ 31. The executors or administrators of any such Sher- 
iff, or under Sheriff, shall be liable to a judgment as aforesaid, 
for fees received to be collected by their testator or intestate, 
and not accounted for. Every 

Z 2 

(364) 

receipt for fees produced in evidence, on any such motion, 
shall be deemed to be the act of the person subscribing it, 
unless he shall deny the same upon oath. 

§ 32. Sheriff's poundage, and all other legal fees in a suit, 
from final judgment to execution, shall, by the Sheriff, be 



Or fee book 
lost. 



shff. pid. gi. 

issue. 



Shff. to ac- 
count &c. 



Deduction. 



Clk. may 
motion agst. 
Shff. 



To give no- 
tice 



Exrs. & ad- 
mrs. liable. 



Recpt. evi- 
dence unless 
denied on 
oath, 



480 



ILLINOIS HISTORICAL COLLECTIONS 



Preamble. 



Governor to 
appoint pilot 



Taking bond 
&c. 



Pilot's fee. 



Persons not 
licensed pi- 
lotting to be 
fined &c. 



Officer col- 
lecting to pay 
treasurer. 

Same fees as 
in other cases 



levied out of the estate and effects of the persons against 
whom such execution shall be issued. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807, 

WILLIAM HENRY HARRISON. 

CHAPTER LXX. 

An Act authorising the appointment of a Pilot. 

WHEREAS great inconveniences have been experienced, 
and many boats lost in attempting to pass the rapids of the 
Ohio for want of a Pilot, and from persons offering their serv- 
ice to strangers, to act as pilots by no means qualified for the 
business ; for remedy whereof, the Governor of this Territory 
is hereby authorised and directed 

(365) 

to appoint such person or persons for pilots, as to him shall 
seem best qualified for that purpose, taking bond and 
security, of the person so appointed, payable to the Governor 
and his successors, in the sum of eight hundred dollars, for 
the due and faithful performance of his office ; and the pilot so 
appointed, shall receive for each boat he pilots through the 
rapids two dollars ; and any other person acting as pilot, with- 
out being duly authorised as by this law directed, shall, for 
every such offence forfeit and pay ten dollars, to the use of 
the Territory, to be recovered before any Justice of the Peace 
of the county of Clark, at the suit of pilot (whose duty it is 
hereby made to prosecute for the same) and collected by the 
Sheriff or Constable of the said county, in the same manner 
that other fines are by law directed to be collected; and the 
Sheriff or Constable shall pay the money so collected to the 
Treasurer of the Territory, taking his receipt for the same; 
and the Sheriff or Constable shall have the same fees for 



TAXATION, 1807 481 

their services, as they are entitled to by law, for collecting 
fines and forfeitures in other cases; but nothing herein con- Owners may 
tained is meant to compel any owner or shipper of a boat to boats ^'^'^ 
employ said pilot or pilots, but 

they shall be at liberty to pilot their own boats, through the 
said rapids. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LI. 
A Law to regulate county Levies. 



§ 1. ALL houses in town, town lots, out lots, and man- What proper 
sion houses in the country, which shall be valued at two hun- ^ntv 1 ^*^** s*° 
dred dollars and upwards, and all able bodied single men, who 
shall not have taxable property to the amount of two hun- 
dred dollars, all water and wind mills, and ferries, all stud 
horses, and other horses, mares, mules and asses, three years 
old and upwards, all neat cattle, three years old and upwards, 
all bound servants and slaves, except such as the court of Com- 
mon Pleas shall exempt for infirmities, between sixteen and 
forty years of age, within this Territory, are hereby declared 
to be chargeable for defraying the county expences, in which 
they may respectively be found, to be taxed and 

(367) 

collected in such manner and proportion as hereinafter di- 
rected. 

§ 2. The Sheriffs in the several counties within this Ter- Sheriffs to re 
ritory shall and are hereby empowered and required as herein jjg^g under 
after mentioned, to receive from each and every person or oath, &c. 



482 



ILLINOIS HISTORICAL COLLECTIONS 



oath 



Shff. to adv. 
his attend- 
ance to take 
lists &c. 



persons chargeable with taxes under this law, a written list 
under oath, containing a just and true account of all and every 
species of property in his or her possession or care, subject 
to taxation under this law, and the said Sherififs respectively, 
are hereby empowered and directed to administer the follow- 
ing oath or affirmation to such persons : 
Form of the I, A B, do solemnly swear or affirm, as the case may be, 

that this list signed by me, contains a just and true account of 
all persons and of every species of property in my possession 
or care, within this county, and that no contract, change, or 
removal has been made or entered into, or any other method 
devised, practised or used by me, in order to evade the pay- 
ment of taxes. 

§ 3. The said Sheriff shall advertise at the county town, 
and also in each and every township in their counties, that he 
will attend at a convenient place, as near as may be to the 
centre of population, therein to be mentioned, not within five 
days of such advertisement in each township, to receive of 
each person, a list of all the taxable property which they pos- 
sess as above mentioned, and 

(368) 

the said persons are hereby required to attend at such time 
and place in their respective townships therefor, accordingly; 
but it shall be the duty of the Sheriffs of the respective counties 
in the Territory, previous to the time of advertising for taking 
the list of taxable property, to apply personally or by deputy, 
to every person subject to taxation within his county, for a list 
of their taxable property, as is above required by this act, and 
every Sheriff failing so to do, without good cause shown, shall 
be fined in any sum not exceeding five hundred nor less than 
twenty-five dollars, at the discretion of the court of Common 
Pleas of the county, to and for the use of the county. 

§ 4. If any person or persons shall give or deliver to a 
sheriff a false or fraudulent list of persons or property subject 



Duty of shff. 
previous to 
advertising. 
To apply per 
sonally or by 
deputy for 
list &c. 



Penalty for 
neglect. 



Persons lia- 
ble to fine for 
fraudulent 
list &c. 



TAXATION, 1807 



483 



to taxation, or shall refuse to give a list on oath or affirmation 
to the sheriff, the person or persons so refusing shall be liable 
to a fine of fifteen dollars, and the sheriff shall proceed to list 
such person or persons property agreeable to the best informa- 
tion he can procure ; and all such property so ascertained shall 
moreover be subject to a triple tax, to be collected and dis- 
trained for by the sheriff of the county, as in other cases ; and 
in case of an imperfect, false or fraudulent list, the person or 
persons giving the same, shall be subject to pay a fine of fifteen 
dollars, and the property subject to a triple tax; which fines 
and triple tax shall be recovered in the county court of Com- 
mon Pleas by 

(369) 

the following mode of proceeding, and applied as herein after 
directed. 

§ 5. The sheriff shall give information thereof personally, 
or if unable to attend, in writing, under his hand to the next 
court, of Common Pleas, held for his county ; which court 
shall forthwith direct the clerk to issue a summons, requiring 
the party to appear at the next court to be held for the county 
to shew cause if any he can, why he should not be fined, and 
triply taxed for giving an imperfect or fraudulent list of his 
or her taxable property: and the person or persons upon being 
served therewith by the coroner, and appearing, shall imme- 
diately plead to issue ; and the matter thereof shall be enquired 
into by a jury or the court at the defendants option; and on 
conviction, or the person not appearing, being summoned, the 
fine and triple tax shall be established by the judgment of the 
court; who, unless good cause shewn to the next succeeding 
court for such failure, shall award execution for the fine and 
costs, and certify the amount of the tax to the sheriff for col- 
lection; the amount of which fine after deducting thereout, 
such allowances as the court may think reasonable to make 
to the coroner for his extraordinary trouble on the occasion. 



Duty of shff. 
in such cases 



Fines when 
recoverable. 



How such 
fines are re- 
coverable. 



484 



ILLINOIS HISTORICAL COLLECTIONS 



Persons hav- 
ing know- 
ledge of such 
false or frau- 
dulent list to 
give informa- 
tion &c. 



Informer to 
receive half 
the fine. 

Persons tax- 
able not giv- 
ing in lists. 



May deliver 
same to she- 
riff &c. 



Shff. to make 
out two lists. 



shall be applied towards lessening the county levy, and the 
triple tax shall be charged to the sheriff, and accounted for in 
like manner, as other taxes, 

(370) 

§ 6. Every person or persons having knowledge of any 
incorrect, false or fraudulent list being given a sheriff, shall 
give information thereof, either to a sheriff or the county 
court of Common Pleas in like manner as the sheriff is di- 
rected, and thereupon the same mode of proceeding shall be 
had as if the sheriff gave information ; and the person inform- 
ing shall be entitled to receive one half of the fine imposed on 
the offender or offenders to his own use, and the other half 
to be applied towards lessening the county levy. 

§ 7. In case any person taxable should not give in a 
list of his taxable property, and it should appear to the sheriff 
that such absence was not intentional or done with a view of 
avoiding the delivery of such list, it shall be lawful for the 
sheriff to receive his or her list at any time at the dwelling 
house of the sheriff; Provided, such person tenders his or her 
list to the sheriff and makes oath to the justness of it, on or 
before the twentieth of March annually, an in case of failure 
the sheriff shall proceed in like manner, as is before directed 
in cases for refusal to give in lists and the court shall deter- 
mine upon the circumstances of the case, whether to inflict 
or remit the fine and triple taxes. 

§ 8. The sheriff's in the several counties throughout this 
territory, shall, and they are hereby required to make two fair 
and complete lists of the persons and property 

(371) 

so taken in, and arranged in alphabetical order, in manner fol- 
lowing to wit: 



TAXATION, 1807 



485 



Names of persons. 



Number of bond servants and, 
slaves. 



Number of horses &c, above three 
years old. 



Number of neat cattle above three 
years old. 



Number of stud horses. 



Rate the season. 



Their form. 



One of which he shall keep, and the other, together with One he shall 
the vouchers, taken by him as aforesaid, shall deliver to the th|r ^^j^r 
Clerk of the court of Common Pleas, on or before the last day to elk. C. P. 
of March, yearly; which lists and vouchers the Clerk shall file 
in his office, and the Clerk of the said court shall make thereof Duty of elk. 
a true transcript, which he shall lay before the court, at the 
same term at which they audit the public accounts, for their 
examination and allowance ; the bill 

A a 



(372) 

of tax being allowed by the said court, they shall annex thereto 
their warrnet, under the hand and seal of the presiding Justice; 
& the Clerk of the said court shall ten days thereafter, deliver 
the same to the Sheriff for collection; for which, and for all 
other services rendered under this law, the said Clerk shall 
receive from the county ten dollars. Every Sheriff so charged 
shall collect all sums for which he is accountable within four 
months after he is charged with the collection of the same, and 



When bill of 
tax allowed 
ert. to annex 
their wamt. 



When elk. to 
deliver it to 
sheriff. 



486 



ILLINOIS HISTORICAL COLLECTIONS 



Sheriffs, ac- 
countable 
within &c. 



Form &c. 



Sheriffs may 
appoint de- 
puties &c. 



ShfFs. reme- 
dy vs. depty. 



Rate of tax- 
ation &c. 



shall be allowed in full compensation for his trouble in taking 
in the property, and collecting the levy ten per centum, on all 
sums by him collected; and the said Sheriff shall previously 
to his entering on those duties, take and subscribe, before any 
Justice of the Peace the following oath or affirmation. 

"I do solemnly swear, or affirm 

(as the case may be) that I will faithfully and impartially 
execute the office of collector, of county, according 

to the best of my abilities." 

Which oath shall be filed by the said Justice with the 
Clerk of the court of Common Pleas, and the said Sheriff shall 
enter into a bond, in the penalty of two thousand dollars, pay- 
able to the Governor of the Territory, and his successors in 
office, with two or more responsible sureties, and bound for 
the faithful collection, accounting for, and paying the sums 
wherewith he shall be chargeable, as collector of the county, in 

(373) 

manner directed by law; and every Sheriff so charged to col- 
lect the county taxes and levies, may appoint one or more 
deputies to assist him, as well in taking in the property, as 
in the collection of the levy, for whose conduct he shall be 
answerable ; which deputies shall have the same power as the 
Sheriff himself, and such Sheriff shall have the same remedy 
and mode of recovery against his deputies or either of them, 
and there sureties respectively for any sums of money which 
by virtue of this law such Sheriff may be subject to the pay- 
ment of, on account of the transactions of any of his deputies, 
as he himself is subject to by law; and all monies collected 
by the Sheriff as aforesaid, shall remain in his hands, subject 
to the orders of the court of Common Pleas of each county 
respectively, for the payment of the debts of the county. 

§ 9. The following rate of taxation shall be observed 
by the court of Common Pleas in levying the county tax, viz. 

On each horse, mare, mule or ass a sum not exceeding 
fifty cents. 



TAXATION, 1807 



487 



On all neat cattle as aforesaid, a sum not exceeding ten 
cents. 

On every stud horse a sum not exceeding the rate for 
which he stands at the season. 

Every bond servant or slave as aforesaid, a sum not ex- 
ceeding one hundred cents. 

( 374 ) 

And every able bodied single man of the age of twenty 
one years and upwards, who shall not have taxable property 
to the amount of two hundred dollars, a sum not exceeding 
one dollar, nor less than fifty cents. 

§ 10. It shall be the duty of the court of Common Pleas 
throughout this Territory, at the firm term next after the last 
day of March annually, and at such other special sessions as 
they shall appoint, to proceed to audit and adjust all claims 
and demands against their counties, allowing all just claims 
and demands which now are, or hereafter shall be chargeable 
upon the said counties respectively. 

§ 11. The several courts of Common Pleas throughout 
this territory at their court preceding the thirty-first day of 
March, annually, shall appoint two discreet freeholders in each 
township who shall proceed to appraise and value each house 
in town, town lot, town out lot & mansion house, in the coun- 
ty of the value aforesaid and also shall appraise and value all 
water and wind mills situate on such tract of the county as 
may be assigned to them respectively, by the court of Common 
Pleas, taking into view the situation and value of the same ; 
and the said freeholders, after having fixed such valuation, 
shall proceed and make out two fair alphabetical lists thereof 
stating the proprietors or occupiers of such lots and mills, with 
the valuation of 

( 375 ) 

each annexed to the same in form following, viz. 



C. P. to audit 
& adjust all 
claims &c. 



C. P. to ap- 
point valuers 
&c. 



Water and 

wind mills. 



Freeholders 
to make two 
alphabetical 
lists. 



488 



ILLINOIS HISTORICAL COLLECTIONS 



Their form. 



How dispo- 
sed of. 



Duty of crt. 
in levying 
tax &c. 



When court 
.^hall ascer- 
tain expen- 
ces &c. 



Proprietors, owners, or occupiers 
names. 



Town lots and out lots. 



Wind and water mills 



Houses &c. 



Valuation in dollars. 



one of which lists of valuation the said freeholders shall keep, 
and deliver, the other to the court of Common Pleas at the 
next term to be held for said county, which lists shall be filed 
by the Clerks in their respective offices ; and the said court 
of Common Pleas, shall at the same time when they lay the 
county tax, levy a sum not exceeding thirty cents on each 
hundred dollars of such appraised value. 

§ 12. It shall be the duty of the court of Common Pleas 
throughout the territory, at the same term at which they audit 
the public accounts of the sheriff, for monies collected and 
paid by him as aforesaid, and 

( ^76 ) 

having collected all such claims and demands against the 
county as are just and reasonable, to proceed to ascertain the 
probable expences of the county, the aggregate amount of 
claims allowed, and also such sum or sums of money as will 
be necessary to carry into effect any contract that shall have 
been made, for building or repairing any county jail, court 
house or bridges, adding thereto the expence of collection, and 
such other sum or sums of money as the said court of common 
Pleas shall conceive needful, to make good deficiencies in 
collections, insolvencies, delinquencies, and other contingen- 



TAXATION, 1807 489 

cies ; and the said court shall take into view the money (if any 
there be) in the treasury, and probable amount that will be 
received from licences to vend and retail merchandize, tavern 
licences and taxes on ferries, and other sources of county rev- 
enue, such as fines forfeitures, &c. After which the said court When said 
shall proceed to levy a tax upon the owners, proprietors or 1^°^^^ ^c 
occupiers of all and singular the objects of taxation pointed 
out by this or any other law; having due reference to the re- 
turns of the sheriffs and freeholders aforesaid, and the rule of 
taxation; truly apportioning such tax upon all objects tax- Court to ap- 
able by this law, so as to raise a sum of money sufficient to 
answer and satisfy all demands then existing against the said 
county, or which shall afterwards become due by virtue of 
any contract or contracts by the said court of Common pleas, 
in behalf of the county as aforesaid, pre- 

(377) 

viously made and entered into and to answer such other con- 
tingent county expences as the necessities of the said counties 
may require. 

§ 13. Every person within this Territory being owner, Shff to grant 
occupier or possessor of merchandize, other than the produce certif^te 
or manufacture of this Territory, shall previously to offering goods, 
the same for sale by himself or agent within the Territory, or 
on any of the waters within or bounding the same, pay to the 
sheriff" for the use of the county in which he or she resides, or 
offers such merchandize for sale, the sum of fifteen dollars for 
each store, or stand in which he or she may vend any such 
merchandize, and the sheriff on receipt thereof, shall give 
such person paying as aforesaid, a certificate in the words fol- 
lowing, viz. 

"Indiana Territory county, the day 

of this certifies that A B, is authorised to vend mer- Form of cer- 

chandize within this Territory, for one year from the date ^^^^^' 
hereof, the said A B, having this day paid to me C D, Sheriff 
of the said county of the sum of fifteen dollars, it 



490 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty for 
selling with- 
out certifi- 
cate. 



Shff . to pro- 
secute for 
same. 



Shff. to keep 
account of 
monies recei- 
ved &c. 



When court 
shall lay tax 
on ferries. 



being the annual tax imposed on the retailers of merchandize 
by a law of this Territory 

C D, sheriff of the county of " 

Any person obtaining a certificate as a- 

( 378 ) 

foresaid, shall be authorised to vend and sell merchandize by 
retail in this Territory for one w^hole year from the date of 
the same, & no longer. And if any person or persons shall pre- 
sume by himself or his. agent to vend or sell any kind of mer- 
chandize within this Territory, or on any of the waters afore- 
said, not the growth or manufacture of said Territory, not 
having firsi obtained a certificate as aforesaid, he, she or they 
so offending, shall, for every such offence forfeit and pay a sum 
not exceeding eighteen dollars, to and for the use of the coun- 
ty, in which the offence was committed, to be recovered at the 
suit of the Sheriff, whose duty it is hereby made to prosecute 
therefor, before any court proper to try the same ; and the 
Sheriff is hereby required to keep a fair account of all monies 
received as aforesaid, and also a regular account of the dates 
of all the certificates by him given to retailers or venders of 
merchandize, under this law; and it shall be the further duty 
of the Sheriffs respectively, to lay the same before the county 
courts of Common Pleas, at the same time at which they audit 
the public accounts annually. 

§ 14. It shall be the duty of the court of Common Pleas, 
in each and every county, at their term next after the thirty 
first day of March, annually, to fix & establish a reasonable 
tax or duty upon each ferry within their respective counties; 
the said court in fixing said tax, to take into consideration the 

(379) 

value and income of said ferries : Provided, That no one ferry 
shall be taxed in one year more than ten dollars ; and it shall 
be the duty of the courts of Common Pleas, when they lay the 
county levy, to tax the owners or proprietors of such ferries 
accordingly. 



TAXATION, 1807 



491 



§ 15. If any Sheriff shall take, demand or receive of any 
person from whom taxes are due, more than his, her or their 
proper taxes, or shall in any sale of property taken for taxes 
act contrary to the true intent and meaning of this act, or shall 
neglect or refuse to render a just and true account of all such 
sales to the county courts of Common Pleas, he shall forfeit 
and pay any sum not exceeding one hundred dollars, to be re- 
covered by action of debt qui tarn, or by indictment, before any 
court having jurisdiction ; the one half to the person suing for 
the same, the other half to the use of the county; and more- 
over be subject to the suit of the party injured for damages. 

§ 16. All Sheriffs shall settle and close their accounts 
annually with the county courts of Common Pleas at the sec- 
ond term after the period at which they are obliged by this law 
to finish the collection of the taxes, and shall in their settle- 
ments be credited for all the orders of the said court by them 
produced, and by such deficiencies arising from delinquencies, 
and insolvencies as the said court shall allow ; together with 
the commission on, and paying the monies 

B b 

(380) 

by them received ; but should any such Sheriff fail or neglect 
to settle his accounts in manner aforesaid, it shall be the duty 
of attorney prosecuting the pleas in the respective counties, 
on giving such delinquent Sheriff and his security their exe- 
cutors or admistrators, ten days notice thereof in writing, 
delivered personally, or left at the usual place of abode, on 
motion to obtain a judgment against them before any court 
having competent jurisdiction for the amount due such coun- 
ty, with an interest of twelve per cent thereon from the time 
the same became due: Provided always, That if any such 
delinquent Sheriff, shall produce his account, authenticated as 
aforesaid, to the court to which he is noticed, judgment shall 
not be taken for more than the ballance due the county with 
interest as aforesaid. 



Penalty on 
shff. for de- 
manding 
more tax 
than by law 
allowed &c. 



Shff. to set- 
tle account 
annually. 



And shall be 
credited &c. 



Shff. failing 
to settle. 



Ten days no- 
tice g^ven by 
atmy. &c. 



492 



ILLINOIS HISTORICAL COLLECTIONS 



Power of cts. 
of C. P. to 
contract &c. 



Proviso. 



Penalty for 
neglecting or 
refusing to 
perform duty 



§ 17. The several courts of Common Pleas shall have 
power, and they are hereby authorised to make and enter into 
contracts in the name and behalf of their said counties for 
building anew, or repairing county jails, court houses, pillories, 
stocks and whipping posts, and county bridges, where and so 
often as the courts of Common Pleas may conceive the in- 
terest or convenience of said counties may require ; and the 
better to carry such contracts into operation, the said courts 
respectively may appoint one or more persons, to superintend 
such buildings or repairs, and to see that the same is done 
agreeably to the conditions of such contract; and to make 
reasonable allowances 

(381) 

to such person or persons, for his or their services therein. 
The original contracts so by the said courts to be made, for the 
purposes aforesaid, shall be filed in the office of the Clerk 
of the said court, and the said courts are hereby authorised 
and required to pass, audit and allow the accounts and de- 
mands arising under such contracts made by said court, the 
same being certified by three Justices of said court, and to 
draw orders in favor of such creditors, in like manner as they 
draw other orders on the treasury : Provided always, That no 
such contracts by the said courts to be made shall be of any 
force or authority to warrant the said court to allow or pass 
any accounts or demands arising thereon, unless the person 
contracting with the said court, shall enter into bond with 
one or more sufficient surety or sureties, to be approved of by 
the said court, in double the sum of said contract, payable 
to the Justices of said courts for said county, or their success- 
ors in office, conditioned for the faithful performance of such 
contract, which bond, when executed, shall be lodged with the 
Clerk of said court, in trust for said county. 

§ 18. If any Justice of the Peace, Sheriff as collector, 
Coroner, Clerk of the court, lister or freeholder, shall neglect 
or refuse to do or perform any of the duties required of them, 
or either of them, by this law, he, she or they so offending,. 



TAXATION, 1807 



493 



shall forfeit and pay any sum not exceeding one hundred dol- 
lars, to be recovered before a- 

(382) 

ny court having jurisdiction, by action of debt, qui tarn, or in- 
dictment, one moiety to the person suing for the same, the 
other to the use of the county. 

§ 19. If any person charged with county taxes or levies 
by virtue of this act, shall neglect or refuse to pay the same 
to the collector, or his deputy, within three months next after the 
court of common pleas at which the county tax or levy is, or 
shall be approved, the collector or his deputy, shall have power 
to take the property of such delinquent, he first having de- 
manded the same, and furnished such person with the sum 
of his or her tax, ten days before such distress made, or having 
left a copy of such tax, ten days as aforesaid, at the usual place 
of abode of such delinquent, and may proceed to sell the same 
to the highest bidder : Provided always, That ten days previous 
notice of such sale be given by advertising the same in the 
most public place in the township where such delinquent re- 
sides : And provided also, That the delinquent may at any time 
before the property distrained be sold, ask for, demand, & re- 
ceive the same, on tendering his or her taxes then due, and the 
expences of keeping the property distrained. And in case the 
property taken sells for more than the taxes that are due, the 
collector shall pay the overplus, after deducting reasonable 
expence for keeping and taking care of such property, to the 
person from whom the same was taken, and the said collector 
shall keep a fair and regular account of all such sales, 

( 383 ) 

stating particularly what he detained for his trouble in keep- 
ing the property &c. and lay the same before the court of Com- 
mon Pleas who shall examine the same, and if they find the 
collector has acted in any wise improper, they shall forthwith, 
see justice done to the party injured. 



Where and 
how to be re- 
covered. 



Persons refu- 
sing or ne- 
glecting to 
pay tax. 

Collector or 
deputy to 
take proper 
ty. 



Notice gfiv- 
en before 
sale. 



Delinquents 
may redeem, 
property 

If property 
overpays o- 
verplus re 
turned. 



Keep ac- 
count of sale. 



494 



ILLINOIS HISTORICAL COLLECTIONS 



Persons ag- 
grieved may 
appeal. 



When ap- 
peal to be 
made. 

Household- 
ers to give in 
young men. 



ShfF. to be 
treasurer &c. 



§ 20. And if any person shall think himself aggrieved by 
the valuation of his or her house, by the freeholders to be ap- 
pointed for that purpose, he or she may appeal to the court of 
Common Pleas of the county, who shall in a summary way, 
hear and determine upon the case, and shall confirm or alter 
the assessment of the said freeholders as to them shall appear 
just and reasonable: Provided always, That the appeal shall be 
made before the bill of taxation shall be put into the hands of 
the Sheriff for collection. 

§ 21. It shall be the duty of all the householders in their 
respective townships to give in to the Sheriff at the same time 
that they deliver in a list of their taxable property, and under 
the like penalties, the names of all single men above the age of 
twenty one years, and who have not taxable property to the 
amount of two hundred dollars, who lodge or dwell in their 
respective houses, and if any such single man &c. as above 
mentioned, shall neglect, or refuse, on application being made 
to him, for the purpose, by the Sheriff or his deputy, to pay 
his tax, it shall be lawful for such Sheriff or deputy, to commit 
such delinquent to the 

( 384 ) 

county jail, where he shall remain, until the said taxes shall 
be paid, unless some responsible person in the opinion of the 
Sheriff shall be forthcoming therefor. 

§ 22. All the duties of county treasurer in each of the 
counties respectively shall be performed by the sheriffs, who 
shall be allowed two per cent on all the monies by them paid, 
upon the orders of the courts of Common Pleas, or otherwise 
conformable to law. 

§ 23. All taxes laid under the authority of the following 
mentioned laws, which have all been repealed, excepting as to 
the provisions contained in this section, to wit. A law of the 
Territory published 19th June 1795, entitled "A law for raising 
county rates and levies." 

A law of the Territory published the first day of May 
1798, entitled "A law for the purpose of including all unsettled 



TAXATION, 1807 



495 



and unimproved tracts or parcels of land, and subjecting them 
to taxation. 

And another law of the Territory, entitled "An act to 
regulate county rates and levies," passed the 19th December 
1799, which are now due and unpaid, and all penalties and for- 
feitures that have been incurred, may be recovered, and prose- 
cution and suits, that may have been commenced, may be pros- 
ecuted to final judgment, under the said laws or acts, or either 
of them, as if 

( 385 ) 

the said laws or acts were continued and in full force. 

§ 24. All sheriffs within the territory, as treasurers of 
the counties respectively, at the same term at which by law 
they are directed to settle their accounts, shall make out a 
fair copy of the accounts aforesaid, and set it up at the court 
house door; which account shall state the monies received, as 
also the monies paid out of the Treasury that year and shall 
shew the amount that said county may be in arrears, or the 
amount remaining in the treasury, for which they shall sev- 
erally be allowed the sum of six dollars out of the county 
funds ; and any sheriff, as treasurer aforesaid, who shall fail 
to comply with the requisite of this section of this act, shall 
be fined in the sum of one hundred dollars, to be recovered at 
the suit of the attorney general, by action of debt, whose duty 
it shall be to institute said suit, when he receives information 
of the non-compliance with this section of this act, in any court 
having competent jurisdiction, for the use of the county. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



Shff. as trea- 
surer set up 
accounts at 
court house 
door. 



Shffs. as trea 
surers for ne- 
glect fined. 



496 



ILLINOIS HISTORICAL COLLECTIONS 



Tax for use 
of couuty. 



Rates. 



No decon. re 
ceived, &c, 
til tax paid. 



No seal until 
tax paid. 

Clk to keep 
acpts. 



When setle 
& pay trea- 
surer. 



Under pen- 
alty &c. 



(386) 

CHAPTER LII. 

An Act laying a Tax on Law Process. 

§ 1. The following tax on law process, shall be paid for 
the use of the counties respectively. 

D. C. 
On each appeal from any court of Common Pleas to 

the General Court .... 1 

On each writ or declaration in ejectment, instituting 

a suit in any court of Common Pleas 50 

On each certificate under the seal of any court of 

Common Pleas. 50 

Which taxes shall be by the respective clerks taxed in the 
bill of costs. 

No writ or declaration in ejectment, shall be issued or filed, 
by any clerk of the court of Common Pleas, unless the tax 
hereby imposed be paid down, and in all appeals, no transcript 
of the record shall be delivered to the appellant by the clerk of 
the court, or forwarded by him to the General Court, before 
the tax thereon be paid; nor shall any certificate under the 
seal of the court of Common Pleas be granted, until the tax 
thereon be first paid to the clerk keeping such seal. 

The clerks of the several courts of Common Pleas shall 
keep regular accounts of all monies, which they may or ought 
to have 

( 387 ) 

received, in pursuance of this law ; and shall on every the first 
Tuesday of March and September, account with, on oath, and 
duly pay to the Sheriff as Treasurer of their respective coun- 
ties, for the use thereof, the said several sums of money by 
them so received, under the penalty of paying to the use of 
the county, for every default or neglect the sum of one hundred 
dollars, to be recovered with costs of suit, on motion of the 



INDIANS, 1807 



A97 



Sheriff as Treasurer of the county; in the General court, on 
giving ten days previous notice of such motion. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — 17th September, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER Lin. 

An Act prohibiting the sale of Ardent Spirits, and other Intoxicat- 
ing Liquors to Indians. 

§ 1. IT shall and may be lawful for the Governor of this Governor to 
Territory, and he is hereby authorised and empowered, during clamation ^^°' 
the sitting of any council, or holding any public 

C c 

(388) 

treaty or conference, with any Indian nation or tribe, to pro- 
hibit, by proclamation, the sale or other disposition of any 
ardent spirits, or other intoxicating liquors, to any Indian or 
Indians, by any person or persons, for any purpose, or under 
any pretence whatsoever, within thirty miles of the place of 
holding such council, treaty, or conference. 

§ 2. If any person shall not strictly observe whatever 
restrictions may be imposed under the authority aforesaid, he, 
she or they so offending, shall, on conviction, by indictment 
or prosecution, be fined in a sum not exceeding five hundred 
dollars, nor less than fifty dollars, and in case of inability to 
pay the fine with costs, shall be imprisoned not more than six 
months, nor less than three months. 

§ 3. If any trader or other person whosoever, residing 
in, coming into, or passing through the said Territory, or any 
part thereof shall presume to furnish, vend, sell or give, or 



Offenders to 
be fined &c. 



Mediately or 
immediately 



498 



ILLINOIS HISTORICAL COLLECTIONS 



selling or gi- 
ving to Indi- 
ans be fined. 



Not to im- 
pair or weak- 
en authority 
vested in ag^t. 
of Indian af- 
fairs. 



When 3rd 
sec. to be in 
force. 



Continue in 
force same 
time. 

Govr. to 
transmit 3rd 
sect. &c. 



shall procure to be furnished, vended, sold or given, upon any 
account v^hatever to any Indian or Indians, or nation or tribe 
of Indians, being within the Territory, or waters adjoining to, 
or bounding the same, any Rum, Brandy, Whiskey, or other 
intoxicating liquor, or drink, he, she or they so offending, 
shall, on conviction, by presentment or indictment, forfeit and 
pay, for every such offence, any sum not exceeding one hun- 
dred nor less than 

(389) 

five dollars, to the use of the territory : Provided, That nothing 
herein contained shall be taken or construed to impair or 
weaken the powers and authority that now are, or at any time 
hereafter may be vested in the Governor, or other person as 
Superintendant, or Agent of Indian affairs, or commissioner 
plenipotentiary for treating with Indians. 

The third section of this act shall commence and be in 
force, when, and as soon as the Governor of this territory shall 
be officially notified, that the states of Kentucky and Ohio, 
and the territories of Louisiana, and Michigan, have passed, or 
shall pass laws prohibiting the sale or gifts of intoxicating 
liquors to Indians, within their respective states and terri- 
tories : and it shall continue in force so long as the said acts 
made or to be made in the said states or territories, shall con- 
tinue in force therein. 

The Governor of the territory is requested to transmit 
copies of the third section of this law to the Governors of the 
several above mentioned states and territories. 

GENl. W. JOHNSTON, 
Speaker pro tempore, of the House of 
Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



NOTARY PUBLIC, 1807 



499 



(390) 

CHAPTER LIV. 

An Act regulating Notaries Public. 

§ 1. THE Governor shall commission so many Notaries N. P. com- 

Public in this territory as to him shall seem necessary, who governor, 
shall hold their offices during good behaviour. 

§ 2, They shall make all attestations, protestations and Makb attes- 



other things which are by law directed relative to their offices, 
and it shall and may be lawful for every Notary Public, to de- 
mand and receive the following fees to wit: 

For every attestation, protestation, and other instrument 
of publication, under his proper seal relative to foreign bills 
of exchange, one dollar. 

And for recording the same in a book to be kept for that 
purpose, if thereunto required by the holder of such bill or 
note seventy-five cents. 

And for every attestation, protestation, and other instru- 
ment of publication, under his proper seal, relative to inland 
bills of exchange or promissary notes fifty cents. 

And for recording the same in a book kept for that pur- 
pose, if thereunto required by the holder of such bill, or note, 
twenty-five cents. 

§ 3. It shall be the duty of the Governor to take bond 
with sufficient security from 

(391) 

each Notary Public, before he enters on the duties of his office 
in the sum of five hundred dollars, conditioned for the due per- 
formance of the duties of his office, which bond, if forfeited, 
shall be sued for in the name of the territory and for its use. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved— September 17th, 1807. 

WILLIAM HENRY HARRISON. 



tations &c. 



Fees. 



Give bond. 



500 



ILLINOIS HISTORICAL COLLECTIONS 



CHAPTER LV. 

An Act to authorise Aliens to Purchase and hold real estates within 

this Territory. 

Denken FROM and after the passag-e of this act, it shall and may 

fnends may ^irir . • r ■ 

purchase and t»^ lawtul tor any foreigner, or foreigners, alien or aliens, not 

hold real pro being the legal subject or subjects of any foreign state or 
power, which is, or shall be at the time or times of such pur- 
chase at war with the United States of America, to purchase 
lands tenements and hereditaments within this territory, and 
to have and hold the same, to them, their heirs and assigns for- 
ever, as ful- 

(392) 



As citizens. 



Apprentices 
when bonnd 
by father or 
g:uardian. 



Males 21 
Females 18 



ly, to all intents and purposes, as any natural born citizen or 
citizens may or could do, 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTAR LVI. 

An Act respecting Apprentices. 

§ 1. If any white person within the age of twenty-one 
years, who now is, or shall hereafter be bound by an indenture 
of his or her own free will and accord, and by and with the 
consent of his or her father, or in case of the death of his 
father, with the consent of his or her mother or guardian, to 
be expressed on such indenture, and signified by such parent 
or guardian sealing and signing the said indenture, and not 
otherwise, to serve as apprentices in any art, craft mystery, 
service, trade employment, manual occupation or labor, until 
he or she arrives, males till the age of twenty-one, and females 
till the age of eighteen years (as the case may be) or for any 
shorter time, then the said apprentice so bound as aforesaid, 
shall serve accordingly. 



APPRENTICES, 1807 



501 



(393) 

§ 2, If any master or mistress shall be guilty of any mis- 
usage, refusal of necessary provision or clothes, unreasonable 
correction, cruelty or other ill treatment, so that his or her 
said apprentice, shall have any just cause to complain; or if 
the said apprentice shall absent himself or herself from the 
service of his or her master or mistress, or be guilty of any 
misdemeanor, miscarriage or ill behaviour then the said mas- 
ter or mistress or apprentice being aggrieved and having just 
cause of complaint, shall repair to some Justice of the Peace, 
unconnected with either of the parties, within the county 
where the said master or mistress dwells, who having heard 
the matters in difference, shall have authority to discharge, if 
he thinks proper, by writing under his hand and seal the said 
apprentice, of and from his or her apprenticeship; and such 
writing as aforesaid, shall be a sufficient discharge for the said 
apprentice, against his or her master or mistress, and his or 
her executors, or administrators, the said indenture, or any law 
to the contrary notwithstanding. And if default shall be found 
to be in the said apprentice, then the said Justice shall cause 
such due correction to be administered unto him or her as he 
shall deem to be just and reasonable, and if any person shall 
think himself or herself aggrieved by such adjudication of the 
said Justice, he or she may appeal to the next court of Com- 
mon Pleas in, and for the county where such adjudication 
shall have been made, such person giving ten days notice of 
his or her intention of 



Master ill u- 
sing apprent. 



Apprent. ne- 
glect service. 



May com- 
plain to jus- 
tice not kin. 

Justice to 
hear complt. 
& discharge 
apprent. 



Or order pu- 
nishment. 



If aggrieved 
may appeal 
to C. P. 
Giving no- 
tice of inten- 
tion &c. 



(394) 

bringing such appeal, and of the cause and matter thereof, to 
the adverse party, and entering into a recognizance, within 
five days after such notice, before some Justice of the Peace 
of the county, with sufficient surety, conditioned to try such 
appeal, at and abide the order or judgment of, and pay such 
costs as shall be awarded by the said court, which said court 
at their said term, upon due proof upon oath or affirmation, 



Enter into re 
cognizance 
within &c. 



Court upon 
proof notice 
& recog. to 



502 



ILLINOIS HISTORICAL COLLECTIONS 



hear & de- 
cide, &c. 



No certiora- 
ri to issue 
from G. C. 
procdgs. un- 
der this act, 



of such notice having been given, and of entering into such 
recognizance as aforesaid, shall be and are hereby empowered 
and directed to proceed in, and hear and determine the cause 
and matter of such appeal, and give and award such judgment 
therein with costs, to either party, appellant or respondent, as 
they in their discretion shall judge proper and reasonable 

§ 3. No writ of certiorari or other process shall issue, or 
be issuable to remove into the General Court any proceeding 
had in pursuance of this act, before any Justice of the Peace, 
or before any court of Common Pleas. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

[395] 
CHAPTAR LVn. 

An act for the relief of persons imprisoned for Debt. 



Prisers. may 
g^ive up pro- 
perty. 



§ 1. ANY person who now is or hereafter may be in 
actual confinement in any of the jails of this Territory and is 
Avilling to deliver up to his or her creditors all his or her estate 
both real and personal, towards the payment of his or her 
creditor or creditors, shall have leave to present a petition to 
Petition C P the court of Common pleas, in and for the county wherein he 
or she is so imprisoned, setting forth the cause or causes of 
his or her imprisonment, together also, with a list of all his 
or her creditors, with the money due and arising to each of 
them, to the best of his or her knowledge. 

§ 2. The court to whom such application is made, are re- 
quired to name the time and place, at which they will attend 
to hear what can be alledged for or against the liberation of 
such debtor ; of which time and place so appointed by the 
court, the debtor shall cause notice thereof in writing at least 
thirty days previous thereto to be served, or left at the usual 



Court to set 
time. 



Give notice 
or adv. &c. 



IMPRISONMENT FOR DEBT, 1807 503 

place of residence of each of his or her creditor or creditors, 
if residing within this territory, and have the same inserted in 
one of the newspapers of this Territory the most contigous to 
the place of his or her confinement, if any such creditor or 
creditors should not reside in the Territory. 

D d 

( 396 ) 

§ 3. At such time and place as aforesaid the debtor so To make & 
applying to the court as aforesaid, shall subscribe and deliver ^^ property 
a schedule of his or her whole estate, and make oath, and swear & take oath. 
to the effect following, that is to say : 

"I, A B. in the presence of Almighty God do solemnly 
swear or affirm (as the case may be) that the schedule now Form. 
delivered, and by me subscribed doth contain to the best of 
my knowledge and remembrance a full, true, just and perfect 
account, and discovery of all the estate, goods and effects unto 
me in any wise belonging, and such debts as are to me owing, 
or to any person in trust for me, and of all securities and con- 
tracts whereby any money may become payable, or any benefit 
or advantage accruing to me, or to my use, or to any other 
person or persons in trust for me, have not land money, stock, 
or any other estate real or personal in possession, reversion or 
remainder of the value of the debt or debts by me due, and that 
I have not since the commencement of the suits for which I 
am now imprisoned, or at any day or time, directly or in- 
directly, sold lessened or otherwise disposed of in trust, or 
concealed all, or any part of any lands, money, goods, stock, 
debts, securities, contracts, or estate, whereby to secure the 
same, or receive or expect any profit or advantage therefrom 
or to defraud any creditor or creditors, to whom I am in- 
debted in any wise howsoever. 

Which schedule being subscribed in o- 

(397) 
pen court, shall be returned to the clerk of the court, there 



504 



ILLINOIS HISTORICAL COLLECTIONS 



Schedule to 
remain with 
clerk. 



Prisoner to 
be dischargd. 



Creditor may 
issue exon. & 
take propty. 



Not again 
comtd. &c. 



Estate vested 
in assigfnees 
appointed by 
C. P. 



Their duty 
& power. 



to remain for the benefit of the creditors, and after delivering- 
in such schedule, and taking such oath, such prisoner shall be 
discharged by warrant from such court; which warrant shall 
be sufficient to indemnify such sheriff or officer against any- 
escape or escapes, action or actions whatsoever, which shall 
or may be brought or prosecuted against him or them by rea- 
son thereof : and if any such action should be commenced for 
performing his duty in pursuance of this act, he may plead the 
general issue and give this act in evidence : Provided always. 
That notwithstanding such discharge, it shall be lawful for 
any creditor or creditors, by judgment at any time after wards, 
to sue out a writ of scire facias to have execution against the 
lands or tenements, goods or chatties, which such insolvent 
persons shall hereafter acquire, or be possessed of, but no per- 
son delivering in such schedule, and having taken the oath and 
been liberated from prison, by the provisions of this act, shall 
be subject to imprisonment on final process, for any debts con- 
tracted or for damages accrued for the breach of any contract 
entered into prior to such liberation, unless such liberation be 
fraudulently obtained. 

§ 4. All the estate which shall be contained in such 
schedule, and any other estate which may be discovered, shall 
be vested in such person as the court of Common Pleas of the 
county, where such prisoner 

( 398 ) 

was discharged, shall appoint as assignee : and such assignee 
is hereby authorized and impowered and required wathin sixty 
days after the taking the said oath, ten days previous notice 
of the time and place of sale being given to sell and convey 
the same to any person whomsoever for the best price that 
can be got for the same, and the money arising by such sale 
shall by such assignee within thirty days thereafter be paid to 
the creditor or creditors of such insolvent debtor pro rati,. 
according to their respective debts, saving however to every 
such prisoner, his or her necessary apparel, and utencils of 



WEIGHTS AND MEASURES, 1807 



505 



Recover 
debts. 



Retain for 
trouble &c. 



Prisoner for 
false swear- 
ing punished 
for perjury. 



trade, and when any debts by such schedule, said to be due 
to such insolvent debtor, the said assignee shall sue for and 
recover the same in his own name as assignee of such debtor, 
in any court proper to try the same ; and such assignee shall 
be allowed to retain out of the effects of such insolvent debtor 
before the distribution thereof, all reasonable expences in re- 
covering such money, and disposing of such estate as shall be 
adjudged reasonable by the court. 

§ 5. If any such prisoner as aforesaid shall be convicted 
of having sold leased or otherwise conveyed, concealed or 
otherwise disposed of, or intrusted his or her estate or any part 
thereof, directly or indirectly contrary to his or her foregoing 
oath or affirmation, he or she shall not only be liable to the 
pains and penalties of wilful perjury, but shall receive no 
benefit from the said 

(399) 

oath or affirmation, and in case such prisoner at the time of 
such intended caption, shall not take the said oath or affirma- 
tion, or shall not be admitted thereto by the said court, he or 
she shall be remanded back to prison and shall not be entitled Prisoner re- 
to the benefit of this act, unless a new notification be made again give 
out and served in manner aforesaid. notice. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LVHI. 

A^n Act regulating weights and measures. 

§ 1. The several courts of Common Pleas within this ^* P* to.Pro- 
Territory, be, and they are hereby authorised whenever they & measures. 
may think it necessary, to procure for their respective coun- 
ties, and at the expence of the same, a set of the following 
measures and weights, for the use of their county, that is : — 



506 



ILLINOIS HISTORICAL COLLECTIONS 



To be kept 
by clerk. 



When procu 
red notice to 
be given. 

Persons sel- 
ling by other 
weights and 
measures fi- 
nable. 



Clk. to seaL 



One measure of one foot, or twelve inches, English meas- 
ure, so called; also one 

(400) 

measure of three feet or thirty-six inches, English measure 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 Avordupois weight, and 
seal with the name or initial letters of the county inscribed 
on it. 

Which weights and measures shall be kept by the clerk 
of each court, for the purpose of trying and sealing the weights 
and measures used in their counties. 

§ 2. As soon as the court shall have furnished the weights 
and measures as aforesaid, they shall cause notice thereof to be 
given at the court house door for one month and any person 
who will knowingly buy or sell any commodity whatsoever, 
by measures or weights that shall not correspond with the 
county weights and measures, shall for every such offence 
being legally convicted thereof, forfeit and pay the sum of 
twenty dollars, for the use of the county, where such offence 
shall have been committed, and also the costs to be recovered 
before any Justice of the Peace for said county. Every per- 
son desirous of having their weights and measures tried by 
the county standard, shall apply to the clerk of the county, and 
if he finds it correspond with 

(401) 



the county standard, shall seal them with the seal provided for 



COURT OF CHANCERY, 1807 



507 



that purpose. This act shall continue in force, until congress Continue in 
shall pass a law on the subject thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LIX. 

An Act for organizing a Court of Chancery. 



Crt. establish 
ed. 



§ 1, THERE shall be a court established in this terri- 
tory under the name and style of the court of Chancery, which 
shall be vested with and is hereby empowered and authorized 
to exercise all the powers and authority usually exercised by 
courts of Equity. 

§ 2. The said court shall consist of one Judge to be ap- Holden by 
pointed and commissioned by the Governor of the territory, °"^ ^" ^^* 
for and during good behaviour, and the said Judge shall re- Appointed 
ceive such compensation, as shall be allowed by law, ^ govnr. 

§ 3. The said Judge shall hold annually. 



( 402 ) 

at Vincennes, two stated terms, commencing the last Monday 
in March, and the last Monday in August, and such special 
terms, at the same place, as the said court shall from time to 
time appoint. 

§ 4. In all suits in the said court, the rules and methods 
which regulate the practice of the high court of Chancery in 
England, as far as shall be deemed by the Chancellor applic- 
able to this court, shall be observed, except, as is hereinafter 
excepted. 

§ 5. If the said court shall not sit, or be opened at any 
of the said terms, whether stated, or special, the writs and 



Hold two 
terms annu- 
ally. 

And special 
terms, 

Rules to be 
observed &c. 



Suits contd. 
when &c. 



508 



ILLINOIS HISTORICAL COLLECTIONS 



Always open 
for granting 
injucts. &c. 

Non residts. 
to g^ive bond 



To prosecute 
with effect 
&c. 



In default at 
tomy. liable 
for cost. 

Crt. may 
compel resi- 
dents to give 
bond. 



Writs &c is- 
sued by elk. 



Rules taken 
at elk. office 
When bill 
filed. 



Clk. to make 
out copy &c. 



process then returnable, and the bills, suits, pleadings and pro- 
ceedings before the said court, shall be continued of course, 
until the next term, and from term to term, until the court shall 
sit. 

§ 6. The said court shall always be considered as open, 
so as to grant writs of ne exeat, injunction, certiorari, and other 
process, usually granted by a court of Equity in vacation. 

§ 7. If the complainant resides out of the Territory, he 
shall, before the issuing of process to appear, cause a bond to 
be executed, by at least one sufficient person, being a free- 
holder, and resident within the Territory, to the defendant in 
the penal sum of dollars, con- 

ditioned to prosecute the suit with effect, and to pay 

(403) 

costs, if he should be entitled thereunto, and to have the same 
filed with the Clerk, or in default thereof, that the complain- 
ants counsellor or attorney, who shall file the said bill, and issue 
the process thereon, shall be responsible to pay the defendant, 
such costs as he may be entitled unto, by order of the court. 

§ 8. Any complainant residing within the Territory, 
shall, at the discretion of the court, give security in the man- 
ner and form as is required in the case of non-residents. 

§ 9. Every subpoena, process of sequestration, writ of 
execution, or other writ or process, shall be issued by the 
Clerk, at the instance of the party, and the service or execution 
thereof, shall be signed and sealed by the Clerk. 

§ 10. Rules to plead, answer, reply, rejoin, or other pro- 
ceedings, when necessary, shall be given on the first Saturday 
of the months of January, April, July and October, with the 
Clerk in his office, and shall be entered in a rule book, for the 
information of all parties, attornies, or counsellors therein 
concerned. 

§ 11. No subpoena in Chancery shall issue until the bill 
is filed with the Clerk, whose duty it shall be, to copy the 
same, and deliver the copy to the person applying for the 
subpoena, Avhich copy shall be delivered to 



COURT OF CHANCERY, 1807 509 

E e 

( 404 ) 

the defendant, if in the territory, by the officer or person 
serving the subpoena, which shall be endorsed on the back 
thereof; and if there be more than one defendant, the said 
copy shall be delivered to the one first named in the subpoena, 
if he be resident within this Territory if not the next one 
named in the subpcena, that is a resident. 

§ 12. When any defendant, if but one, or defendants, if Non residnt. 
more than one, reside out of the Territory, or cannot be found, 
to be served with process of subpoena, or abscond to avoid 
being served therewith, public notice shall be given by the 
Clerk to the defendant or defendants, in any news-paper 
printed in the Territory, as the court shall direct, that unless 
he or they, appear, and file his or their answer, by a day given 
him or them, by the court, the bill shall be taken pro confesso; And unless 
and where a bill is amended, a copy of the amendatory bill, biU^taken^C 
shall in like manner be delivered to the defendant or de- 
fendants. 

§ 13. In suits in Chancery, the complainant may take Depons. may 

be lisken &c 
depositions in one month after he shall have filed his bill, and 

the defendant may do the like, as soon as he has filed his 
answer, which may be done without a dedimus, unless the wit- 
ness live without the territory: Provided, That reasonable 
notice be given of the time and place of taking such deposi- 
tion. 

§ 14. If the defendant does not file his 

(405) 

answer in the time prescribed by the rules of the court, having Deft, not fi- 

also been served with process of subpoena, with a copy of the ^"^ answer, 

bill, or notice given as required by this act, the complainant 

shall proceed on to hearing, as if the answer had been filed, Pltff. to pro- 

and the cause was it issue: Provided however. That the court ^^al. 

for good cause shewn, may allow the answer to be filed, and Unless crt. 

grant a further day for such hearing. |^y^ 



510 



ILLINOIS HISTORICAL COLLECTIONS 



Deft, swear 
to answer be 
fore judge or 
justice. 



Defts. out of 
terty. may 
swear &c. 

Complt. may 
issue a fifa. 



Or Casa. 



Same procee- 
dings as at 
law. 



How posessi- 
on may be 
had 



Decree not 
compld with 



Same effect 
as a complie. 



Decree to 
have force & 
effect of 
judgt, at law 



§ 15. Every defendant may swear to his answer before 
any Judge of this, or the General court, or any Justice of the 
Peace; and if the defendant resides out of the territory, he may 
swear to his answer before any Justice of the Peace of a coun- 
ty, city, or town corporate; the common seal of any court of 
record of such county, city, or town corporate being there- 
unto annexed. 

§ 16. The complainant having obtained a decree, and the 
defendant not having complied therewith, by the time ap- 
pointed, it shall be lawful for the said court to issue a writ of 
fieri facias, against the goods and chattels, lands, tenements, and 
hereditaments and real estate of the defendant, upon which suffi- 
cient property shall be taken and sold, to satisfy said demand, with 
costs, or to issue a capias ad satisfaciendum, against the defend- 
ant : upon writs of fieri facias, and capias ad satisfaciendum, 
there shall be the same proceedings as at law, or to cause by 
injunction, the possession of effects and estate demanded by 
the bill, and whereof the 

(406) 

possession, or sale, is decreed to be delivered to the complain- 
ant, or otherwise, according to such decree, and as the nature 
of the case may require. 

§ 17. When a decree of a court of Chancery, shall be 
made for a conveyance, release or acquittance, and the party 
against whom the decree shall pass, shall not comply there- 
with by the time appointed, then such decree shall be taken 
and considered in all courts of law and equity, to have the 
same operation and effect, and be as available as if the con- 
veyance, release, or acquitance had been executed conform- 
ably to such decree. 

§ 18. A decree of the court of Chancery, shall, from the 
time of its being signed, have the force, operation and effect 
of a judgment at law in the General court of this territory, 
from the time of the actual entry of such judgment. 



COURT OF CHANCERY, 1807 



511 



§ 19. A writ of fieri facias, shall bind the goods of the per- Sci fa to bind 

son against whom it is issued, from the time it was delivered ^°° 
to the Sheriff, or officer to be executed, as at law : 

§ 20. The said court, or the Judge thereof, shall have Crt. to ap- 

TiOltTt 3 elk 

power to appoint a Clerk, who shall hold his office during good 
behaviour, and be entitled to such fees, as shall be authorised His fees, 
by law. 

§ 21, No injunction shall be granted to 



( 407 ) 

stay any proceedings at law, unless the party praying the in- 
junction, have by the affidavit of at least one witness, proved 
that the opposite party had at least ten and not more than 
fifteen days notice of the time and place of applying for such 
injunction, from the time of which notice given, all proceed- 
ings at law shall be stayed, until the Chancellor's decision shall 
be made, whether an injunction shall, or shall not be granted; 
but if the complainant shall not make application to the Chan- 
cellor for such injunction, on the day specified in such notice, 
then the plaintiff at law may proceed as if none had been 
given; nor shall any injunction be granted to stay any judg- 
ment at law for a greater sum than that the plaintiff shall shew 
himself equitably not bound to pay, and so much as shall be 
sufficient to cover the costs, and every injunction when 
granted, shall operate as a release to all errors in the proceed- 
ings at law that are prayed to be injoined. 

Nor shall any injunction be granted unless the complain- 
ant shall have previously executed a bond to the defendant, 
with sufficient surety, to be approved of by the Cancellor, in 
double the sum prayed to be enjoined, conditioned for the 
payment of all money and costs due, or to be due, to the plain- 
tiff in the action at law, and also all such costs and damages 
as shall be awarded against him or her in case the injunc- 
tion shall be dissolved. If the injunction be dissolved in the 
whole, or in part, 



Party pray- 
ing injuncti- 
on to prove 
service of no 
tice. 



Notice to 
stay procee- 
dings &c. 

Application 
not being 
pltff . may 
proceed. 

Injunction 
how far 
granted &c. 

Act as relse. 



Nor unless 
deft give 
bond to pltff. 
conditioned 
&c. 



Injunc. dislv 
complt. to 



512 



ILLINOIS HISTORICAL COLLECTIONS 



pay interest. 
Clk. to issue 
exoti. 

Judgt- vs- 
sureties as 
we4 as prin. 
cipal. 

Taking af- 
fidavits no- 
tic to be giv- 
en. 

Clk. to issue 
supoenas. 

Affidavits to 
be read. 



When no- 
tice not ne- 
cessary. 

Ne exeat not 
to be granted 
unless &c. 



Judge to en- 
dorse &c. 

Complt. to 
give bond &c 
before writ 



Persons a- 
greived may 
bring suit on 
bond. 



(408) 

the complainant shall pay six per cent exclusive of legal in- 
terest, besides costs, and the Clerk shall issue an execution for 
the same, when he issues an execution upon said judgment; 
on the dissolution of an injunction, judgment shall be given 
by the court against the securities as well as the plaintiff in 
the injunction bond. 

§ 22. Whenever affidavits are taken either to support or 
dissolve an injunction, the party taking the same, shall give 
the adverse party reasonable notice of the time and place of 
taking the same, and the clerk shall issue to either of the 
parties, subpoenas to procure the attendance of witnesses, at 
the time and place appointed, and such affidavits taken as 
aforesaid, shall be read on the final hearing of the cause, in 
which they may be taken, under the same restrictions as de- 
positions taken according to law. 

§ 23. No notice shall be necessary in any case where 
application is made for an injunction in term time, nor in vaca- 
tions, where the title or bonds for land shall come in question. 

§ 24. Writs of ne exeat shall not be granted, but upon 
bill filed, and affidavit to the allegations, which being produced 
to the Chancellor, in term time, or in vacation, may grant, 
or refuse such writ, as to him shall seem just, and if granted, 
he shall 

(409) 

endorse thereon in what penalty, bond and security be re- 
quired of the defendant. 

§ 25. No writ of ne exeat shall issue until the complain- 
ant shall give bond and security in the clerk's office, to be ap- 
proved of by the chancellor, and in such penalty as he shall 
adjudge necessary, to be endorsed on the bill, and in case any 
person stayed by such bill of ne exeat shall think himself or 
themselves aggrieved, he or she may bring suit on such bond, 
and if on the trial it shall appear that the writ of ne exeat was 
prayed without a just cause, the person injured shall recover 
damages. 



INCORPORATION, 1807 



513 



Persons go- 
ing out of 
terry, but re- 
turning &c 



Security may 
surrender 
principal &c. 



§ 26. If the defendant or defendants to the bill, shall go 
out of the territory, but shall return before a personal appear- 
ance shall be necessary to perform any order or decree of the 
court, such, his or her temporary departure, shall not be con- 
sidered as a breach of the condition of the bond. 

§ 27. Whenever the defendant to the bill shall give se- 
curity, that he will not depart the territory, the security shall 
have leave at any time before the bond shall be forfeited, to 
secure his principal in the same manner, that special bail may 
surren- 

[410] 

der their principal, and obtain the same discharge. 

GENl. W. JOHNSTON, 
Speaker pro tempore, of the House of 
Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LX. 

An Act to Incorporate the Borough of Vincennes. 

§ 1. SUCH parts of the town of Vincennes, as are con- 
tained within the following limits and boundaries, that is to 
say: — by the plantation of William Henry Harrison, on the 
north east, the Church lands on the south west, the river Boundaries 
Wabash, on the north west, and the lines of the commons as °^ borough, 
laid out for the inhabitants of Vincennes, in pursuance of an 
act of Congress, on all the other parts and sides thereof, shall 
be, and the same is hereby erected into a Borough, which 
shall henceforth, be distinguished, known and called by the 
name of the Borough of Vincennes. 

§ 2. There shall be nine trustees in the 

(411) 
said Borough, a majority of whom shall form a quorum, which 



514 



ILLINOIS HISTORICAL COLLECTIONS 



To be nine 
trustees. 



Remain in of 
fice 3 years. 



Divided into 
classes. 



said trustees shall be a body corporate, in deed, fact and in 
name, by the name and style of the trustees of the borough of 
Vincennes, by the same name shall have perpetual succession, 
and they and their successors at all times hereafter, by the 
name of the Trustees of the Borough of Vincennes, shall be 
persons able and capable in law, to sue, and be sued, plead 
and be impleaded, in any court of justice whatever, and to 
make & use one common seal, and the same to alter and change 
at pleasure; and Robert Buntin, Joshua Bond, William Bullitt, 
Henry Hurst, Charles Smith, Jacob KuykendoU, Hyacinthe 
Lasselle, Touissaint Dubois, and Peter Jones, be, and they are 
hereby appointed the first Trustees of the said Borough, who 
shall hold their offices from the first day of January, one thou- 
sand eight hundred and seven, for three years : Provided 
always, That the said officers before they proceed to exercise 
their respective offices, shall take an oath or affirmation that 
they will faithfully discharge & execute such office, according 
to the best of their knowledge and understanding. 

§ 3. The said Trustees, at their first sitting after their 
appointment, shall be divided into three classes, the seats of 
those of the first class, shall be vacated at the end of the first 
year, those of the second class, at the end of the second year, 
and those of the third class, at the end of the third year, so that 
one third 

Ff 



(412) 

may be chosen on every year; the said Trustees or a majority 
of them shall annually between the first day of February, and 
the first day of March, choose and elect three members in the 
room of those whose seats shall be vacated at the expiration 
of every year, as before mentioned, and in case such election 
shall not be made between the said days, then the court of 
Common Pleas of the county, shall at the next court, name 
three Trustees in room of those whose seats shall be so 
vacated. 



INCORPORATION, 1807 515 

§ 4. The said Trustees, or a majority of them shall have Their power. 
full power from time to time, and at all times hereafter, to 
hold a common council within the said Borough, as the chair- 
man shall appoint, and to make such by-laws, ordinances and 
regulations, in writing not inconsistent with the laws of this 
territory, or of the United States, as to them shall appear neces- 
sary for the good government of the said Borough, and the in- 
habitants thereof; and the same to put in execution, revoke, 
alter and make anew, as to them shall appear necessary for 
the police of the said Borough, and for carrying this law into 
effect ; and by ordinance to require such sureties from the sev- 
eral officers and to annex such fees to the several officers of 
the corporation, and to impose such fines for neglect of duty, 
or misconduct in office, as to them shall appear necessary, and 
to make, limit, impose, and tax reasonable fines, against all. To impose 
and upon all persons who shall offend against the laws, or- 
dinances and regu- 

( 413 ) 

lations of the corporation, made as aforesaid, and all and every 
such fines, to take, demand, require, and levy, of the goods 
and chattels of such offenders, to be appropriated to the use 
and benefit of the inhabitants thereof. 

§ 5. It shall and may be lawful for the said Trustees to To commit 
commit every person or persons, offender or offenders, who, by i^^^^ ° 
law they are or shall be authorised to commit to jail, or im- 
prison, to and in the jail of the county of Knox, and the 
keeper of the said jail is hereby authorised to receive such 
person so committed, and him, her or them to keep in close 
and safe custody, until thence discharged by due course of 
law. 

§ 6. The said Trustees shall elect their own chairman. Trustees to 

and also elect their own clerk either out of their own body or ^^^ ^ ^jj^ 

otherwise, and the said Trustees shall have further power and 

authority, to purchase ground, and erect a market house in 

said Borough, and make by-laws for the government and regu- Purchase 

ground & e- 



516 



ILLINOIS HISTORICAL COLLECTIONS 



rect market 
house. 



Trustees to 
give publici- 
ty to bye 
laws &c. 



lation thereof, and they shall also have power and authority 
to make such by-laws as they may think necessary, for widen- 
ing, extending, repairing, and cleansing the streets of the said 
Borough, and shall have further power and authority to cause 
a survey to be made of the said streets, and to ordain as well 
what width or breadth they shall hereafter be of, not exceeding 
sixty feet, as to prevent any person or persons from erecting 
any kind of buildings within the limits of 

(414) 

the said streets, as so ordered to be widened or extended, and 
from enclosing any part or parts thereof: Provided, That no 
buildings now actually erected, shall during the existance of 
such building be demolished or pulled down, without the con- 
sent of the owner, or paying an adequate compensation there- 
for, to be estimated in such manner as by the said by-laws 
shall be declared. 

§ 7. It shall be the duty of the Trustees to give publicity 
to their by-laws, and all persons inhabitants of said Borough 
shall have free access to the said by-laws, and shall have full 
liberty to peruse the same, and take copies, or such extracts 
therefrom, as they may think proper. 

§ 8. The by-laws so to be made, and the proceedings of 
the said Trustees, together with an account of the receipt and 
expenditures in detail, shall whenever thereto required, be 
laid before either branch of the Legislature of the territory 
requiring the same. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



DEBTORS AND SECURITIES, 1807 



517 



Securities ap 
prehensive of 
insolvency or 
absconding 
of principal. 



(415) 

CHAPTER LXI. 

An Act concerning Debtors and their Securities, and to empower 

Securities to recover damages in a sumary way. 

§ 1. When any person or persons shall hereafter become 
bound as security or securities, by bond, bill or note, for the 
payment of money or other property, shall apprehend that his 
or their principal debtor or debtors, is or are likely to become 
insolvent, or to migrate from this Territory without previously 
discharging- such bond, bill or note, so that it will be impossible 
or extremely difficult for such security or securities, after 
being compelled to pay the money or other property, due by 
such bond, bill or note, to recover the same back from such 
principal, debtor, or debtors, it shall and may be lawful for 
such security or securities in every such case, provided an 
action shall have accrued on such bond, bill or note, to require 
by notice in writing, of his, her or their creditor or creditors, 
or his or their assignee, forthwith to put the bond, bill or note, 
by which he, she or they may be bound as security or securi- 
ties as aforesaid in suit; and unless such creditor or creditors, 
or assignee so required to put such bond, bill or note in suit, 
shall in a reasonable time commence an action on such bond, 
bill or note, and proceed with due diligence in the ordinary 
course of law to recover a judgment for, and by execution 
to make the amount due by such bond, 

(416) 

bill or note. The creditor or creditors, or assignee, so failing 

to comply with the requisitions of such security or securities, Failing to 

shall thereby forfeit the right which he or they otherwise have 

to demand and receive of such security or securities, the 

amount which may be due by such bond, bill or note. 

§ 2. Any security or securities, or in case of his, her 
or their death, then his or their heirs executors or adminis- 
trators may in like manner, and for the same cause make such 



If debt due 
notify credi- 
tor. 



No recourse 
on security. 



Securities or 
reprtvs. may 



518 



ILLINOIS HISTORICAL COLLECTIONS 



proceed in re 
gard to the 
representa- 
tives of cre- 
ditor. 



The rights & 
remedies of 
principal not 
effected by 
this act. 



Securities ha 
ving paid mo 
ney &c. 



May obtain 
judgt. by 
motion. 



requisitions of the executors, or administrators or assignee of 
the creditor or creditors of such security or securities as it is 
herein before enacted may be made by a security or securities 
of his or their creditor or creditors, and in case of failure of 
the executors or administrators so to proceed, such requisition 
as aforesaid, being duly made, the security or securities, his 
or their executors or administrators making the same, shall 
have the same relief, that is herein before provided for a se- 
curity or securities, v^hen his or their creditors shall be guilty 
of a similar failure. 

§ 3. Provided always, That nothing in this act contained, 
shall be so construed as to effect bond with collateral condi- 
tions, or the bonds w^hich may be entered into by guardians, 
executors, administrators or public officers. 

§ 4. And provided also, That the rights 

(417) 

and remedies of any creditor or creditors against any prin- 
cipal debtor or debtors shall be in no wise effected by this act, 
any thing herein to the contrary, or seeming to the contrary 
notwithstanding. 

§ 5. In all cases where Judgment hath been or shall here- 
after be entered up in any of the courts of record within this 
territory, against any person or persons as security or securi- 
ties, their heirs executors or administrators, upon any note, 
bill, bond or obligation, and the amount of such judgment or 
any part thereof hath been paid or discharged by such secur- 
ity or securities, his her or their heirs, executors or adminis- 
trators, it shall & may be lawful for such security, or securi- 
ties, his, her or their heirs executors or administrators, to 
obtain judgment by motion, against such principal, obligor or 
obligors, his, her, or their heirs, executors or administrators 
for the full amount of what shall have been paid with interest, 
by the security or securities, his, her or their heirs, executors 
or administrators, in any court where such judgment may 
have been entered up against such security, or securities, his, 
her or their heirs, executors or administrators. 



DEBTORS AND SECURITIES, 1807 



519 



§ 6. Where the principal obligor or obligors, have or Joint securi- 
shall hereafter become insolvent, and there have been, or shall ^f insolvency 
be two or more securities, jointly bound with the said principal of principal, 
obligor or obligors, in any bond, bill, note, or other obligation, 
for the 

( 418 ) 

payment of money, or other things, and judgment hath been 
or hereafter shall be obtained, against one or more of such 
securities; it shall and may be lawful for the court, before 
whom such judgment was, or shall be obtained upon the mo- 
tion of the party or parties, against whom judgment hath been 
entered up as securities as aforesaid, to grant judgment and 
award execution against all and every of the obligors and their 
legal representatives, for their and each of their respective 
shares and proportions of the said debt, with the damages and 
costs of the former suit. 

§ 7. No security or securities, his, her or their heirs ex- 
ecutors or administrators shall be suffered to confess judg- 
ment, or suffer judgment to go by default, so as to distress his, 
her or their principal or principals, if such principal or prin- 
cipals, will enter him her or themselves a defendant or de- 
fendants to the suit, and tender to the said security or securi- 
ties, his, her or their heirs executors or administrators, other 
good and sufficient collateral security to be approved of by 
the court, before whom the suit shall be depending. 

§ 8. In all cases where judgment hath been or hereafter 
shall be entered up in any of the courts of record in this terri- 
tory, against any person as appearance or special bail for the 
appearance of another, to defend any suit depending in such 
court, and 

(419) 

the amount of such judgment, or any part thereof, hath been Approved of 
paid or discharged by such bail, his, her or their heirs, ex- ^ court, 

ecutors or administrators; it shall and may be lawful for such Bail having 

bail, his, her, or their heirs executors or administrators, to P^'*^ money 



By direction 
of court. 



Shall pay e- 
qually. 



Securities 
shall not con 
fess or suffer 
judgt, by de- 
fault if prin- 
cipal will en- 
ter deft. &c. 



Give seccri- 
ties other 
surety. 



520 



ILLINOIS HISTORICAL COLLECTIONS 



may obtain 
judgt. for 
same. 

Against the 
principal &c. 



In proper ct. 



Party to 
have notice 
in all case. 



H. R. to pro 
cure impeach 
jments &c. 



1,. C. to try 
impeachs. be 
on oath. 



Judgt. to ex 
tend to remo 
val &c. 



obtain judgment by motion, against the person or persons, for 
whose appearance they were bound, his, her or their heirs, 
executors or admistrators, for the full amount of what may 
have been paid by the said bail, his, her or their heirs, ex- 
ecutors, or administrators, together with interest and costs, 
in any court where judgment may have been entered up 
against such appearance or special bail. 

§ 9. Provided always, That no judgment shall be obtained 
by motion in any of the cases aforesaid, unless the party or 
parties against whom the same is prayed, shall have ten days 
previous notice thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807, 

WILLIAM HENRY HARRISON. 

( 420 ) 

CHAPTAR LXn. 

An Act directing the manner of proceeding in cases of 
Impeachment. 

§ 1. ALL civil officers holding any commission under 
the authority of this territory shall be impeachable by the 
House of Representatives, either for mal administration or cor- 
ruption in his office, such impeachment shall be prosecuted by 
the Attorney General, or such other person or persons as the 
house may appoint. 

§ 2. The Legislative Council shall have the sole power 
to try all impeachments, when sitting for that purpose, they 
shall be on oath or affirmation, and no person shall be con- 
victed without the concurrence of two thirds of the members 
present. 

§ 3. Judgment in case of impeachment, shall not extend 
further than to removal from office, and to disqualification to 



PARTITION OF LAND, 1807 



521 



hold and enjoy any office of honor, trust or profit under this 
territory, but the party convicted, shall nevertheless be liable 
and subject to indictment, trial, judgment and punishment 
according to law. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807, 

WILLIAM HENRY HARRISON. 

(421) 

CHAPTER LXHI. 

An Act for the Partition of Land. 

§ 1. WHERE any one or more persons, proprietors of 
any tract or tracts, lot or lots of land within this territory, and 
are desirous of having the same divided, it shall and may be 
lawful for the court of Common Pleas, of the county where 
such land or lots may lie, on the application of either party, 
notice of such application having been previously given by the 
party so applying, for at least four weeks, in some one of the 
public news-papers in this territory, if one is published therein, 
if not, at the court house door of the county where the land's 
lie, to appoint three reputable freeholders, residents of said 
county, not related to either of the parties as commissioners 
for dividing the said tract or lot of land, and having previous- 
ly taken an oath, before any Judge of the General court, or of 
the court of Common Pleas, of said county, honestly and im- 
partially to execute the trust reposed in them as commission- 
ers aforesaid, shall proceed to make division of the said land, 
lots, tenements and hereditaments as directed by the court, 
among the owners and proprietors thereof, according to their 
respective rights, which partition being made by the said com- 
missioners, or any two of them, and return thereof being made 
in writing under their hands and seals, to the said court, par- 
ticularly describing the lots or portions allowed to each re- 
spective owner or proprietors, mentioning which of the 



How real es- 
tate may be 
divided. 



Notice be- 
ing given. 



Crt. to ap- 
point comrs. 



To take oath 



Make divisi- 
on according 
to rights. 

Make return 
under seal to 
court. 



522 



ILLINOIS HISTORICAL COLLECTIONS 



Describing 
partners &c. 
Ackgd. be- 
fore judge 
C. P. 

Accepted by 
crt. to be re- 
corded and 
serve as par- 
tition. 

In case divi 
sion cant' be 
made comrs. 
to report. 



Crt. 
sale. 



to order 



Comrs. to 
make deeds. 

Bar vs. clai- 
mants. 

Pay amount 
of sales to 
proprietors. 

Comrs. to 
receive from 
applicant 1^^ 
dollars per 
diem. 



Guardians to 
act for minor 



(422) 

owner or owners, proprietor or proprietors, are minors, if any 
such there shall be; which return being acknowledged by the 
commissioners making the same, before any one of the Judges 
of the court of Common Pleas, for the said county, and ac- 
cepted by the court, and entered and recorded in the Clerks 
office, shall be a partition of such lands, lots and tenements 
therein mentioned 

§ 2. Where any houses and lots, are so circumstanced, 
that a division thereof cannot be had, without great prejudice 
to the proprietors of the same ; and the commissioners ap- 
pointed to divide the same, shall so report to the court, the 
court shall thereupon give orders to the said commissioners to 
sell such house and lot or houses and lots, at public vendue, 
and shall make and execute good and sufficient conveyance 
or conveyances to the purchaser or purchasers thereof, which 
shall operate as an effectual bar both in law and equity, 
against such owners or proprietors, and all persons claiming 
under them ; and the monies arising therefrom to pay to the 
owners or proprietors of such houses and lots, their guardians 
or legal representatives, as shall be directed in the said order. 

§ 3. The said commissioners so appointed shall be en- 
titled to receive from the person making the application, the 
sum of one dollar and fifty cents for every day they shall be 
employed in effecting such division. 

( 423 ) 

§ 4. And the guardians of all minors shall be and hereby 
are respectively authorised and empowered on behalf of the 
respective minors, whose guardians they are, to do and per- 
form any matter or thing respecting the division of any lands, 
tenements hereditaments as is herein directed, which shall be 
binding on such minor, and be deemed as valid to every pur- 
pose, as if the same had been done by such minor after he had 
arrived at full age. 



INDENTURE, 1807 



523 



§ 5. Provided always, That no division or sale shall be No division 



made by order of the said court as above directed contrary to 
the intention of any testator, as expressed in his last will and 
testament. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXIV. 

An Act concerning the introduction of Negroes and 
Midlattoes into this Territory. 

§ 1. IT shall and may be lawful for any 

(424) 

person being- the owner or possessor of any negroes or mulat- 
toes of and above the age of fifteen years, and owing service 
and labor as slaves in any of the states or territories of the 
United States, or for any citizen of the said states or terri- 
tories purchasing the same, to bring the said neg^roes or mulat- 
toes into this territory. 

§ 2. The owner or possessor of any negroes or mulattoes, 
as aforesaid, and bringing the same into this Territory, shall 
within thirty days after such removal, go with the same before 
the clerk of the court of Common Pleas of the proper county, 
and in the presence of the said clerk, the said owner or pos- 
sessor shall determine and agree to and with his or her negro 
or mulatto, upon the term of years, which the said negro or 
mulatto will and shall serve his or her said owner or possessor, 
and the said clerk is hereby authorised and required to make 
a record thereof in a book which he shall keep for that purpose. 

§ 4. If any negro or mulatto removed into this Territory 
as aforesaid, shall refuse to serve his or her owner as afore- 
said, it shall and may be lawful for such person, within sixty 



or sale con- 
trary to will. 



Slaves may 
be brot' to 
territory. 



Agree with 
slave for ser- 
vice before 
Clk C. P. 



Clerk to mk. 
reed, thereof 

Slaves may 
be removed, 
&c 



524 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty &c. 



Slave nnder 
15 to be held 
to service &c. 



To register 
them with 
C. P. 



Removing, 
&c. how to 
proceed. 



days thereafter to remove the said negro or mulatto to any 
place, which by the laws of the United States, or territory, 
from whence such owner or possessor may or shall be author- 
ised to remove the same. 

( 425 ) 

§ 4. If any person or persons shall neglect or refuse to 
perform the duty required in the second, or to take advantage 
of the benefit of the preceding section hereof within the time 
therein respectively prescribed such person or persons shall 
forfeit all claim and right whatever, to the service and labor 
of such negroes or mulattoes. 

§ 5. Any person removing into this territory, and being 
the owner or possessor of any negro or mulatto, as aforesaid 
under the age of fifteen years, or if any person shall hereafter 
acquire a property in any negro or mulatto under the age 
aforesaid, and who shall bring them into this territory; it shall 
and may be lawful for such person, owner or possessor to 
hold the said negro or mulatto to service or labor, the male 
until they arrive at the age of thirty-five, and the females until 
they arrive at the age of thirty two years. 

§ 6. Any person removing any negro or mulatto into 
this territory, under the authority of the preceding sections, 
it shall be incumbent on such person within thirty days there- 
after, to register the name and age of such negro or mulatto, 
with the clerk of the court of Common pleas, for the proper 
county. 

§ 7. If any person shall remove any negro or mulatto 
from any one county to another county within this Territory, 
who may or shall be brought into the 

(426) 

same under the authority of either the first or fifth sections 
hereof it shall be incumbent on such person to register the 
same, and also the name and age of the said negro or mulatto, 
with the said Clerk of the county, from whence, and to which 



INDENTURE, 1807 525 

such negro or mulatto may be removed, within thirty days 
after such removal. 

§ 8. If any person shall neglect, or refuse to perform 
the duty required by the two preceding sections hereof, such Penalty. 
person for such offence, shall be fined in the sum of fifty dol- 
lars, to be recovered by indictment or information, and for the 
use of the proper county. 

§ 9. If any person shall neglect or refuse to perform the 
duty and service herein required, he shall for every such neg- 
lect or refusal, be fined in the sum of fifty dollars, to be recov- 
ered by information or indictment, and for the use of the 
county. 

§ 10. It shall be the duty of the clerk of the court of 

Common Pleas aforesaid, when any person shall apply to him p^^'^j^ to ta e 

^ , , , ,. bond &c 

to register any negro or mulatto, agreeably to the precedmg 

section, to demand and receive the said applicants bond, with 
sufficient security in the penalty of five hundred dollars, pay- 
able to the governor or his successor in office, conditioned that 
the negro or mulatto, negroes or mulattoes, as the case may be, 
shall not after the expiration of his or her time of service, 
become a county charge, 

(427) 

which bond shall be lodged with the county treasurers respec- 
tively, for the use of the said counties : Provided always, That 
no such bond shall be required or requirable, in case the time 
of service of such negro or mulatto, shall expire before he or 
she arrives at the age of forty years ; if such negro or mulatto, 
be at that time capable to support him or herself, by his or her 
own labor. 

§ 11. Any person who shall forcibly take or carry out of ^®^®' °°* 
this territory, or who shall be aiding or assisting therein any ed from terri- 
person or persons owing or having owed service or labour, ^^^ "withont 
without the consent of such person or persons, previously ob- 
tained, before any Judge of the court of Common Pleas of the 
county, where such person owing, or having owed such service 



526 



ILLINOIS HISTORICAL COLLECTIONS 



Except as 
provided in 
3rd section. 



Clerk fees. 



Servts. chil- 
dren to serve 



or labour resides, which consent shall be certified by said 
Judge of the Common Pleas, to the Clerk of the court of Com- 
mon Pleas, where he resides, at or before the next court, any 
person so offending-, upon conviction thereof, shall forfeit and 
pay one thousand dollars ; one third to the use of the county, 
and two thirds to the use of the person so taken or carried 
away, to be recovered by action of debt, or on the case : 
Provided, That there shall be nothing in this section so con- 
strued as to prevent any master or mistress from removing 
any person owing service or labour, from this territory, as de- 
scribed in the third section of this act, 

H h 

(428) 

§ 12. The said Clerk for every register made in manner 
aforesaid, shall receive seventy-five cents from the applicant 
therefor. 

§ 13. The children born in this territory of a parent of 
colour, owing service or labour by indenture, according to 
law, shall serve the master or mistress of such parent, the male 
until the age of thirty, and the female until the age of twenty- 
eight years. 

§ 14. The provisions contained in a law of this territory, 
respecting apprentices, entitled "An act respecting appren- 
tices," shall be in force, as to such children, in case of the mis- 
behaviour of the master or mistress, or for cruelty or ill usage. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of tJie Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



TREASURERS, 1807 



527 



CHAPTER LXV. 

An Act to authorise the Courts of the Counties within this Terri- 
tory, to draw on the county Trer surer, for the services and 
expences therein mentioned. 

§ 1. THE Sheriffs as Treasurers of the 

(429) 

several counties in this territory, shall pay to the Sheriffs, 
Clerks, and Judges of the polls, in taking the census of the 
good people of this Territory, whether they would wish to 
enter into the second grade of government, such sum as the 
court of Common Pleas, of the said respective counties shall 
think reasonable, which order the said several courts are here- 
by required to make, 

§ 2. The said several courts are empowered, and are 
hereby required to order the Sheriffs as Treasurers of their 
respective counties, to pay to all and every person or persons 
having any claims or demands, as well for attending the sev- 
eral courts of record in the said counties, as Constables or 
otherwise, for fire wood, and court house rent, and the fees 
due to witnesses, and the several officers of the courts in the 
public prosecution of those persons who were either acquitted 
of the charges brought against them, or discharged or unable 
to pay the fees, all of which shall be certified by the said court, 
in which such prosecutions were had, attendance given, or 
^expences accrued ; which orders shall be by said Sheriffs, as 
Treasurers, paid accordingly, out of any county monies in his 
hands. 

§ 3. All costs, fees and charges to which the officers of 
the counties are now or may hereafter be intitled, for, or on 
account of any public prosecution, in either the superi- 

(430) 

or inferior courts, shall be paid out of the county funds re- 
spectively, on an order attested by the Clerks of either court, 
as the case may be; and it is further provided. That the sai- 



Shff. to pay 
money on or- 
der of C, P. 



C. P. to ord- 
er paymt. de- 
mands vs. 
county for 
fees wood &c 



Territorial 
expences. 



How certifi- 
ed. 



528 



ILLINOIS HISTORICAL COLLECTIONS 



Name of pro 
secutor en- 
dorsed. 



In case of ac- 
quittal prose- 
cutor to pay 
costs. 



Unless the 
court certify 
diere were 
probable 
grounds. 



aries that are now, or which may hereafetr be due, to any 
county Sheriff, or to the Clerk of the General court, shall be 
paid out of the county funds, on an order of the court of Com- 
mon Pleas, attested by the Clerks thereof, of the counties re- 
spectively. 

§ 4. On all presentments or indictments hereafter to be 
found in this territory, the name or names of a prosecutor or 
prosecutors, shall be endorsed on every indictment or pre- 
sentment, in default whereof, the said indictment or present- 
ment, shall be immediately quashed by the court. 

§ 5. In case the defendant or defendants in any in- 
dictment hereafter to be found against him or them, shall be 
acquitted of the charges brought against him, her or them, 
or shall otherwise be lawfully discharged, the person or per- 
sons, whose name or names are endorsed on the said indict- 
ment, or presentment, as prosecutor, or prosecutors, shall be 
obliged to pay all the costs of the prosecution of such indict- 
ment or presentment, unless the court in their opinion shall 
think there were probable grounds for prefering the same; for 
which costs execution may 

(431) 



Exn. to issue issue, against the said prosecutor or prosecutors, his, her or 
their bodies or estates. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXVI. 

An Act for the appointment of an Auditor and 
Territorial Treasurer. 



Govr. to ap- 
appoint audi- 



§ 1. The Governor shall appoint an Auditor who shall 
continue in ofifice during pleasure, whose duty it shall be to 



AUDITOR AND TREASURER, 1807 



529 



keep the accounts of this Territory with any state or Terri- 
tory, and with the United States, or any individual; to audit 
all accounts of the civil officers of this Territory, who are paid 
out of the treasury of the members of both branches of the 
legislature, and of all other persons authorised to draw money 
out of the treasury; but nothing herein contained shall be so 
construed as to authorise the auditor under any pretext what- 
ever, to audit any account, or give any certificate which would 
enable any person or persons, to receive any sum or sums 
of money, unless in cases particularly authorised by law. 

(432) 

§ 2. It shall be the duty of the said auditor, as soon as 
he shall have ascertained the balance due any individual, to 
give such person or persons a certificate, certifying that there 
is a ballance, mentioning the sum due to the person applying 
for the same. 

§ 3. The said auditor before he enters on the duties of his 
office, shall give bond with approved security, to the governor of 
this territory or his successor in office; in the penal sum of eight 
thousand dollars, conditioned as follows : 

"That he shall justly and honestly audit and fairly keep 
the accounts between this Territory and any state or territory, 
the United States, or any individual, as the case may be, and 
that he will deliver to his successor in office, all books, and 
other vouchers, which shall be by him kept by virtue of this 
law;" and moreover take the following oath or affirmation. 
"I, A B, do solemnly swear or affirm as the case may be, 
that I will justly and honestly perform the duties of auditor 
of this Territory, to the best of my skill and judgment so help 
me God." 

§ 4. The said auditor shall make a fair list of all accounts 
by him audited, in a book to be kept by him for that purpose, 
as also an account of all taxes & other monies which may be 
due to any person from this territory; & it shall be the duty 
of such auditor to make out and present to the Legislature a 



tor during 
pleasure. 

Keep territo- 
rial acpts. 



Audit all de- 
mands autho 
rised by law. 
Give certifi- 
cate of amot. 



Give bond in 
penalty. 



Take oath 



Form. 



Duty of au- 
ditor. 



530 



ILLINOIS HISTORICAL COLLECTIONS 



To number 
certificates. 



Make ab- 
stracts &c. 



Proceed by 
motion on gi 
ving notice. 



Aud. to give 
acquitances. 



Govr. to ap- 
point treasu- 
rer. 

Give bond 



Govr. require 
additional se- 
curity. 



transcript of said accounts, shewing the amount of all certifi- 
cates by him given, as also the 

(433) 

amount of all taxes which have been received, or are still due 
the said territory, on the first week of their session, or as often 
as the legislature may require. 

§ 5. The said auditor shall keep a fair record of all war- 
rants and certificates by him drawn, numbering the same in a 
book by him to be kept for that purpose. 

§ 6. When the said auditor, shall have made out abstracts 
of all sums due in the respective counties, and sent them to 
the dififerent collectors ; he shall make out in a book for said 
purpose a fair account against each collector, a copy of which 
shall be sufficient for the attorney general, to proceed by 
motion in a summary way against all delinquent collectors 
before the general court or court of Common Pleas: Pro- 
vided, The said collector shall have ten days previous notice of 
such motion, and the said auditor shall upon receiving the treas- 
urers receipt, give to the said collector a quietus, which shall after 
receiving the same prevent the auditor or attorney general from 
motioning against him for the sum mentioned in the said receipt. 

§ 7. The governor shall appoint a treasurer, who shall 
continue in office during pleasure, who shall prior to the en- 
tering upon the duties of his office, give and execute a bond 
with sufficient security in the sum of eight thousand dollars, 
to be approved of by the governor, conditioned for the due and 

(434) 

faithful performance of the duties of his office; the said bond 
shall be given to the governor payable to him or his suc- 
cessors in office, for the use of the Territory. 

§ 8. The governor may when he suspects the obligors in 
said bond, to be insufficient, require the treasurer to give other 
bond with sufficient security, to be approved of as aforesaid, 
which said bond shall be deposited in the office of the secre- 
tary of this territory. 



AUDITOR AND TREASURER, 1807 



531 



§ 9. If said treasurer die, resign, or be displaced, or cease 
to hold his office, then such treasurer, or if he be dead, his 
heirs, executors, or administrators, shall fairly and regularly 
state the amount, and deliver the monies, together with all 
instruments of writing, books and papers of the territory, in 
his her or their possession, to the succeeding treasurer, who 
shall make report thereon to the Legislature, and the said 
report, if confirmed by the Legislature, shall be a discharge 
of the said bond, which in such case shall be delivered to 
the said treasurer, his heirs, executors or administrators. 

§ 10. It shall be the duty of the treasurer to receive 
the proceeds of all taxes, and other public monies of this ter- 
ritory. 

§ 11. He shall not pay any money, but on a warrant or 
certificate from the auditor, except the auditor's salary. 

§ 12. He shall keep a regular account of 

( 435 ) 

all monies he receives, and pays agreeable to law, stating there- 
in on what account each particular sum was paid, or received ; 
and the time when, and lay a fair statement of said accounts, 
before the Legislature, on the first week in every session, or 
as often as the Legislature may require. 

§ 13. It shall be the duty of the treasurer to deliver 
monthly to the auditor, an account of his payments, and of 
the warrants on which they were made ; and the auditor shall 
copy it in a book kept for that purpose. 

§ 14. The treasurer, on receiving any sum of money, shall 
receipt for it to the person paying the same. 

§ 15. The present treasurer, shall deliver to the auditor, 
all paper, books, and other things appertaining to his office, 
in a convenient time, after said auditor shall have been ap- 
pointed. 

§ 16. The present treasurer, shall deliver all public 
monies in his possession, to the succeeding treasurer, in a 
convenient time, after said treasurer shall have been ap- 
pointed. 



Treasurer 
going out of 
office, report 
to successor. 



And him to 
legislature. 
If approved 
discharge 
bond. 

Duty of trea- 
surer. 



Not pay mo- 
ney &c. 



Keep acpts. 
and lay same 
before legisla 
ture. 



Make month 
\y returns to 
auditor, who 
shall take CO- 
PY- 

Give recpts. 



Present trea- 
surer to deli- 
ver books &c 



Also all mo- 
nies. 



532 



ILLINOIS HISTORICAL COLLECTIONS 



Aud. to di- 
rect A. G 

to motion for attorney general, to motion against all delinquents for the 

monies due. 



17. It shall be the duty of the auditor to direct the 
e: 
payment of 



Preamble. 



I i 

( 436 ) 

public monies, which have heretofore accrued to the territory. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXVn. 
An Act to Incorporate an University in the Indiana Territory. 

WHEREAS the independence, happiness, and energy of 
every republic depends (under the influence of the destinies 
of Heaven) upon the wisdom, virtue, talents and energy of its 
citizens and rulers, and whereas, science, literature, and the 
liberal arts contribute in an eminent degree, to improve those 
qualities and acquirements ; And whereas, Learning hath ever been 
found the ablest advocate of gunuine liberty, the best sup- 
porter of rational religion, and the source of the only solid and 
imperishable glory, which nations can acquire. 

And forasmuch, as literature and philosophy, furnish the most 
useful and pleasing occupations, improving and varying the en- 

[437] 

joyments of prosperity, affording relief under the pressure of 
misfortune, and hope and consolation in the hour of death, and 
considering that in a commonwealth where the humblest citi- 
zen may be elected to the highest public offices, and where the 
Heaven born prerogative of the right to elect, and reject, is re- 
tained, and secured to the citizens; the knowledge which is 
requisite for a magistrate and elector, should be widely dif- 
fused. 



trustees. 



INCORPORATION, 1807 533 

§ 1. Be it therefore enacted by the Legislative Council, and Incorporati- 
House of Representatives, that an University be, & is hereby in- ^j^ ^ ^^_ 
stituted & incorporated within this territory, to be called and pointment of 
known by the name or style of "the Vincennes University," 
that William Henry Harrison, John Gibson, Thomas T, Davis, 
Henry Vander Burgh, Waller Taylor, Benjamin Parke, Peter 
Jones, James Johnson, John Baddollet, John Rice Jones, 
George Wallace, William Bullitt, EHas M'Namee, Henry 
Hurst, Genl. W. Johnston, Francis Vigo, Jacob Kuykendoll, 
Samuel M'Kee, Nathaniel Ewing, George Leach, Luke Decker, 
Samuel Gwathmey, and John Johnson, are hereby declared 
to be Trustees of the said University, that the said Trustees 
and their successors, be, and they are hereby created a body 
corporate and politic, by the name of "the board of Trustees 
for the Vincennes University," and are hereby ordained, con- 
stituted and declared to be forever hereafter, a body politic 
and corporate, in fact and in name, and by 

(438) 

that name they and their successors, shall, and may have con- 
tinual succession, and shall be persons in law capable of suing 
and being sued, pleading and being impleaded, answering and 
being answered unto, defending, and being defended, in all 
courts and places whatsoever, in all manner of actions, suits, 
complaints, matters and causes whatsoever, and that they and 
their successors, may have a common seal, and make and alter 
the same at their pleasure ; also that they and their successors, 
by the same name and style, shall be in law capable of purchas- 
ing holding, leasing & conveying any estate, real or personal, 
for the use of the said corporation, except as hereinafter men- 
tioned, so that the said Trustees, shall not at any one time, 
hold or possess, more than one hundred thousand acres of 
land. 

§ 2. And whereas, Congress has appropriated a township of 
land, of twenty three thousand and forty acres, for the use 
and support of the University, or a public school in the district 



534 



ILLINOIS HISTORICAL COLLECTIONS 



May sell not 
exceeding 
4000 acres of 
land. 



Vacancies 
how supplied 



Extraordina 
ry meetings 
when & how 
holden. 



To make by- 
laws. 



of Vincennes : And zvhereas. The township is now located, and 
the boundaries designated ; Be it therefore enacted, That the trus- 
tees, in their corporate capacity, or a majority of them, be, 
and they are hereby authorised to sell, transfer, convey and dis- 
pose of any quantity, not exceeding four thousand acres of the 
said land, for the purpose of putting into immediate operation, 
the said institution, or University, and to lease or rent the 
remaining part of the said 

( 439 ) 

township, to the best advantage, for the use of the said public 
school, or University. 

§ 3. Be it enacted, That the places of any of the said trus- 
tees, who shall resign, remove from the territory, die, or wil- 
fully absent himself, or themselves from three stated meetings, 
shall, from time to time be supplied by the board of trustees, 
at their stated meetings, which shall be held on the first Mon- 
day of April, and October, yearly and every year, and at such 
other times as the said board of trustees shall direct, by elect- 
ing one, for every two, of whose seats may be so vacated, so 
that the whole number shall not be less than fifteen, after 
which time one trustee shall be elected at the stated meeting, 
as above mentioned, to supply every vacancy that may so 
happen. Extraordinary meetings of the said board may be had 
by the president, or any three of the trustees, giving at least 
ten days notice thereof, either in writing, or in some public 
news-paper, most convenient to the said University. 

§ 4. Be it further enacted, That the trustees or a majority 
of them, shall have full power, from time to time, to make such 
by-laws, ordinances and regulations in writing, not incon- 
sistent with this charter, with the laws of this Territory, or of 
the United States, as to them shall appear necessary for the 
good government of the said University, and the Students 
thereof, and the same to be put in execution, revoke, 

(440) 



alter and make anew as to them shall appear necessary; and 



INCORPORATION, 1807 535 

to appoint such subordinate officers, as they may think con- 
venient for the pohce of said University, and for carrying this 
law into effect, and by ordinance to require such sureties from 
the several officers and to annex such fees to the several of- 
ficers of the corporation, and to impose such fines for a neglect 
of duty or misconduct in office as to them shall appear proper. 

§ 5. Be it further enacted, That the trustees at their first Elect a presi- 
Stated meeting, shall elect a president out of their own body; 
and in case of his absence at any future stated or extraordinary 
meeting, the said trustees shall elect a president pro-tem. 

§ 6. And he it furtJier enacted, That the said trustees shall Establish uni 
as speedily as may be establish and erect an University within nointofficers 
the limits of the Borough of Vincennes, and shall appoint to 
preside over, and govern the said University, a president and 
not exceeding four professors, for the instruction of youth, in 
the Latin, Greek, French and English languages, Mathemat- 
ics, Natural Philosophy, Ancient and Modern History, Moral 
Philosophy, Logic, Rhetoric, and the law of Nature and Na- Their duty. 
tions ; that it shall be the duty of the said president and pro- 
fessors to instruct and give lectures to the students of the said 
University, according to such plan of education as the said 
trustees may approve, and direct, in the branches 

(414) 

of learning above mentioned ; that the said president and pro- 
fessors, or a majority of them, shall be styled and called the 
"Faculty of the University ;" which faculty shall have the 
power of enforcing the rules and regulations adopted by the 
said trustees for the government and discipline of the said 
University, and for granting and confirming by, and with the 
consent of the said trustees such degrees in the liberal arts 
and sciences to such students of the said University, who by 
their proficiency in learning the said professors shall think 
entitled to them, as are usually granted and conferred in other 
Universities in the United States ; and to grant to such gradu- 
ates diplomas, under the common seal of the said University, 



tees 



536 ILLINOIS HISTORICAL COLLECTIONS 

to authenticate, and perpetuate the memory of such gradua- 
tions : and that the said president and professors, shall hold 
their offices during the pleasure of the trustees, and that the 
president of the University, ex-officio for the time being, shall 
be considered as one of the trustees of said University. 
Duty of trus- § 7. Be it further enacted^ That it shall be the duty of the 

said trustees, and they are hereby authorised and required as 
soon as may be, to erect, purchase or hire, as they may deem 
most expedient, for carrying the said institution into effect, 
suitable buildings for the said University, to make ordinances 
for the government and discipline thereof; to establish plans 
of education, which plans shall embrace each and every of the 
languages, sciences and branch- 

[442] 

es of learning herein mentioned or directed to be taught in 
the said University; to regulate the admission of students and 
pupils into the same; to elect and appoint persons of suitable 
learning and talents to be president and professors of the said 
University: to agree with them for their salaries and emolu- 
ments, to visit and inspect the said University, and examine 
into the state of education and discipline therein, and make 
a yearly report thereof to the legislature ; and generally to do 
all lawful matters and things whatsoever, necessary for the 
maintaining and supporting the institution aforesaid, and for 
the more extensive communication of useful knowledge. 
Establish li- § 8. Be it further enacted, That as soon as may be, after the 

establishment of the said University, the said trustees shall 
establish a Library, in and for the use of the students, profes- 
sors and other members of the said institution, to consist of 
such books and experimental apparatus as they may deem 
proper for the said institution, to be provided in such manner 
and by such ways and means as they or a majoity of them 
shall by ordinance direct, and by ordinance to regulate the 
terms upon which books, &c. may be taken out of the said 
Library and returned to the same. 



brary. 



INCORPORATION, 1807 537 

§ 9. Be it enacted, That the said trustees shall from time to Appoint o- 
time elect and appoint a professor of Divinity, of Law and of ^ 

Physic, whenever they may deem it necessary for 

[443] 

the good of the institution, or when the progressed state of 
education in the said University may require it: to agree with 
them for their salaries, to point out the duties of said profes- 
sors ; the said professors shall be considered as members of the 
faculty of said University; to hold their appointments during 
the pleasure of the board of trustees. 

§ 10. Be it further enacted, That no particular tenets of No p^ticu- 
religion shall be taught in said University, by the president taught, 
and professors mentioned in the sixth section of this act. 

§ 11. And whereas, The establishment of an institution of 
this kind in the neighborhood of the aborigines of the country 
may tend to the gradual civilization of the rising generation. Civilization 
and if properly conducted be of essential service to themselves, 
and contribute greatly to the cause of humanity and brotherly 
love, which all men ought to bear to each other of whatever 
colour, and tend also to preserve that friendship and harmony 
which ought to exist between the government and the Indians : 
Be it further enacted. And it is hereby further enjoined on the Supported & 
said trustees to use their utmost endeavours to induce the said ^"^ ^^ * 
aborigines to send their children to the said University, for educa- 
tion, who when sent, shall be maintained, cloathed, and educated, 
at the expence of the said institution : And he if further enacted. 
That the students whenever the 

K k 

(444) 

funds of the institution shall, in the opinion of the trustees per- 
mit it, be educated gratis at the said University, in all or any 
of the branches of education which they may require. 

§ 12. And he it further enacted. That the professors during Professor &c 
their professorship, and the students, while at the College, ^jj^ (j^^ 
shall be exempt from militia duty. 



538 



ILLINOIS HISTORICAL COLLECTIONS 



Education of 
females. 



Establish a 

gTammer 

school. 



Raise money 
by lottery 
for certain 
purposes. 



§ 13. Be it further enacted, That the said trustees as soon 
as in their opinion, the funds of the said institution will admit, 
are hereby required to establish an institution for the educa- 
tion of females, and to make such by-laws and ordinances for 
the said institution, and the government thereof, as they may 
think proper. 

§ 14. Be it further enacted, That the said trustees shall have 
the power to establish a grammer school, connected with, and 
dependant upon the said. University, for the purpose of teach- 
ing the rudiments of the languages, and that they may employ 
a master and ushers specially for this purpose, or emply the 
professor of languages to superintend the same, as the one 
or the other may be found most convenient and CEConomical. 

§ 15. And he it further enacted. That for the support of 
the aforesaid institution, and for the purpose of procuring a 
library, and the necessary philosophical and experimental ap- 
paratus, agreeably to the eight sec- 

( 445 ) 

tion of this law, there shall be raised a sum not exceeding 
twenty thousand dollars by a lottery, to be carried into opera- 
tion as speedily as may be, after the passage of this act, and 
that the trustees of the said University, shall appoint five dis- 
creet persons, either of their body, or other persons, to be man- 
agers of the said lottery, each of whom shall give security to 
be approved of by said trustees, in such sum as they shall 
direct, conditioned for the faithful discharge of the duty re- 
quired of said managers ; and the said managers shall have 
power to adopt such schemes as they may deem proper, to sell 
the said tickets, and to superintend the drawing of the same, 
and the payment of the prizes ; and that as often as the said 
managers shall receive one thousand dollars, they shall de- 
posit the same in the hands of the treasurer of the said board 
of trustees; and the said managers and trustees, shall render 
an account of their proceedings therein at the next session 
of the Legislature, after the drawing of said lottery. 



APPROPRIATIONS, 1807 539 

And be it further enacted, That this act shall take effect from Take effect 
and after the passage of the same, and that a special meeting ^°^ passage 
of the trustees of the said University, shall be held on the first 
Saturday in December next, for the election of officers, and to 
commence their operations, to carry the 

( 446 ) 

said law into effect, any thing in the said law to the contrary When meet, 
notwithstanding. 

JESSE B. THOMAS, 

Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXVIII. 

An Act for the relief of the Territorial Treasurer and for 
other purposes. 



propria tion. 



§ 1. BE it enacted. That the sum of two hundred dollars, be 
appropriated out of any money in the treasury, except the con- Specific ap- 
tingent fund, for the purpose of purchasing stationary and a 
chest, the better to secure the funds of the territory from fire 
and robbery, and that Jacob Kuykendall, and 

(447) 

James Johnson, Esquires, be appointed to purchase said ar- 
ticles. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



540 



ILLINOIS HISTORICAL COLLECTIONS 



Fifa levied 
on property. 



Deft, may 
replevy. 



Officer to re- 
store proper- 
ty. 



Officer to 
sell. 



Bd. to have 
validity. 



Shff. to re- 
turn bond. 



CHAPTER LXIX. 

An Act concerning Executions. 

§ 1. WHEN any writ of fieri facias issuing out of the 
General court, or any court of Common Pleas within this ter- 
ritory, shall be levied on any real or personal estate of the 
defendant or defendants, it shall and may be lawful for such 
defendant or defendants, to release the same by tendering to the 
Sheriff or other officer, a bond with sufficient security to pay 
the amount of such execution, including all costs, with lawful 
interest thereon, from the date of said bond, within five 
months, and on such bond being given, the said Sheriff or 
other officer, shall restore to the defendant or defendants, such 
personal or real estate ; and where no bond shall be tendered 
by such defendant or defendants, or any person for him or 
them, 

(448) 

the Sheriff or other officer shall proceed to sell the said estate 
for whatever it will bring in cash, ten days previous notice 
having been given of such sale. 

§ 2. Any defendant or defendants, on any writ of capias 
ad satisfaciendum, may in like manner, release his, her or their 
body or bodies, from execution, by tendering bond and secur- 
ity, as required in the foregoing section. 

§ 2. All and every bond so taken in pursuance of this 
act, shall have the force of judgments, and such sheriff or other 
officer taking such bonds shall return the same to the office 
from which the execution issued, within twenty days there- 
after. 

§ 4. If the amount of the said bond shall not be paid 
agreeably to the condition thereof, it shall and may be lawful, 
for the creditor or creditors, his, her, or their executors or 
administrators, at any time thereafter, to sue out of the clerks 
office of said court, his execution against the real & personal 
estate of the said defendant or obligors in said bond, their 
executors or administrators ; and the clerk issuing such execu- 



EXECUTIONS, 1807 



541 



Exons. to 
be returned. 

Time of ser- 
vants may 
be sold. 



tion, shall endorse on the back thereof that no security of any 
kind is to be taken. 

§ 5. If any replevy bond be quashed, or the security ad- Bond insuffi- 
judged insufficient at the time of receiving the bond, the ^^At. 
sheriff taking the same, and his securities shall at all 

( 449 ) 

times be liable to the party injured, or his representatives. 

§ 6. All executions issuing out of any of the courts of 
this Territory, shall be returnable to the clerks office on the 
second rule day next after the teste of the writ. 

§ 7. And zvhereas, doubts have arisen whether the time 
of service of negroes and mulattoes bound to service in this Terri- 
tory, may be sold under execution ; Be it threfore enacted, That 
the time of service of such negroes or mulattoes, may be sold 
on execution against the master in the same manner as per- 
sonal estate, immediately from which sale, the said negroes or 
mulattoes, shall serve the purchaser or purchasers for the 
residue of their time of service ; and the said purchasers, and 
negroes and mulattoes shall have the same remedies against 
each other, as by the laws of the territory are mutually given 
them in the several cases therein mentioned, and the pur- 
chasers shall be obliged to fulfil to the said servants, the con- 
tracts they made with the master as expressed in the indenture 
or agreement of servitude, and shall for want of such contract 
be obliged to give him or them their freedom dues at the end 
of the time of service, as expressed in the second section of a 

(450) 

law of the Territory entitled, "A Law concerning Servants. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. chaivi:bers, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



To serve 
purchaser. 

Remedy. 



Give free- 
dom dues. 



542 



ILLINOIS HISTORICAL COLLECTIONS 



Writs by 
whom serv- 
ed. 



Penalty, 



Liable to ac- 
tion. 



For false re- 
turn liable 
&c. 



Persons in 
exon. dying 
how to pro- 
ceed. 



In case pro- 
perty not sell 



Vend, expo- 
nas to issue 
by clerk. 



CHAPTER LXX. 

An Act regulating the duties of Sheriff's, and for other 
purposes. 

§ 1. EVERY Sherifif or Corroner, himself or his lawful 
officer or deputies, shall from time to time, execute all writs 
and process to him legally issued, and directed within his 
connty, or upon any river or creek adjoining thereto, and 
shall make due returns under the penalty of forfeiting one 
hundred dollars for every failure, one moiety to the use of the 
Territory, and the contingent expences thereof, and the other 
moiety to the party grieved, to be recovered with costs by 
action of debt, or information in any court of record in this 
Territory out of which such process may have issued, and 
such sheriff or coroner shall be further liable to the action of 
the party grieved at common law, for his or her da- 

(451) 

mages, and for every false return, the sheriff or coroner shall 
forfeit and pay one hundred dollars, to be recovered, divided 
and applied in the manner last mentioned, and shall also be 
liable in like manner to the party grieved for damages. 

§ 2, If any person being a prisoner charged in execution 
shall happen to die in execution, the party or parties at whose 
suit or to whom such person shall stand charged, in execution 
for any debt or damages recovered, his or their executors, or 
administrators, may, after the death of the person so dying in 
execution, lawfully sue forth, and have new execution against 
the lands and tenements, goods and chattels of the person so 
deceased. 

§ 3. If the lands, tenements or hereditaments, or goods 
and chattels taken by any Sheriff or any other officer, or any 
part thereof shall remain in his hands unsold, he shall make 
return accordingly, and thereupon the Clerk of the court from 
whence such execution issued, shall and may, and is hereby 
required to issue a venditioni exponas, to such Sheriff or other 
officer directed, whereupon the like proceedings shall be had, as 



SHERIFFS, 1807 



543 



might, and ought to have been had on the first execution, which 
writ of venditioni exponas shall be in the form following: 
"The United States, &c. Greeting: 
We command you, that you expose to sale 

LI 

(452) 

the lands or goods and chattels, as the case may be, of A B, 
to the value of which according to our 

command you have taken, and which remain in your hands 
unsold, as you have certified to our Judges (or Justices) of 
our court, to satisfy C D, the sum of 

whereof in our said court he 
hath recovered execution, against the said A B, by virtue of a 
judgment in the said court, and that you have &c." 

§ 4. If any Sheriff shall levy an execution on property, 
and a doubt shall arise, whether the right of such property 
shall be in the debtor or not, such Sheriff may, and it is hereby 
declared to be his duty, to empannel twelve freeholders, each 
of whom shall be disinterested in the event, to try the right 
of property aforesaid, and after hearing the evidence, the said 
jury shall determine whether the property belongs to the de- 
fendant or the person claiming it; and the verdict of the said 
jury shall be a sufficient justification for said Sheriff to sell 
the said property or deliver it to the person claiming the same, 
as the case may be, and in case of any action being brought 
against any Sheriff for his conduct herein, he may plead the 
general issue, and give this act in evidence. 

§ 5. If any Sheriff or other officer, shall make return upon 
any writ of fieri facias, or venditioni exponas, that he hath levied 
the debt damages or costs, as in such writ is 

(453) 



Form thereof 



Right of pro 
perty contes- 
ted how sh£f. 
to proceed. 



Verdict jus- 
tification to 
sheriff. 



ShfF. withhol 
ding money. 



required, or any part thereof, and shall not immediately pay 

the same to the party to whom the same is payable, or his at- Making im- 

torney, or shall return upon any writ of capias ad satisfaciendum, P^^P^*^ return 



544 



ILLINOIS HISTORICAL COLLECTIONS 



Or suffering 
escape. 



May be mo- 
tioned agst. 



or attachment for not performing a decree in chancery, for the 
payment of any sum of money, that he hath taken the body or 
bodies of the defendant or defendants, and hath the same ready 
to satisfy the sum in such writ mentioned, and shall have ac- 
tually received such money of the defendant or defendants, or 
have suffered him or them to escape, with the consent or negli- 
gence of such Sheriff or other officer, and shall not immediately 
pay such money to the party to whom the same is payable, or 
his attorney, then and in either of the said cases, it shall and 
m.ay be lawful for the creditor at whose suit such writ of fieri 
facias, venditioni exponas, capias ad satisfaciendum, or attach- 
ment shall issue upon a motion made in the next suc- 
ceeding General court, or other court from whence such pro- 
cess issued, to demand judgment against such Sheriff or other 
officer, and the securities of such Sheriff or other officer, for 
the money mentioned in such writ, or so much as shall be re- 
turned levied on such writs of fieri facias, or venditioni exponas, 
with interest thereon at the rate of fifteen per centum per an- 
num, from the return day of the execution, until the judgment 
shall be discharged, and such court is hereby authorised and 
required to give judgment accordingly, and to award execution 
thereon ; Provided, Such Sheriff or 

( 454 ) 

Notice given other officer, have ten days previous notice of such motion. 
§ 6. And whereas, doubts have arrisen in what manner judg- 
ment should be rendered against any sheriff or coroner who shall 
fail to return an execution to the office from whence it issued on 
or before the return day thereof : Be it enacted. That where any 
writ of execution or attachment for not performing a decree in 
chancery, shall come into the possession of any sheriff' or cor- 
oner and he shall wilfully or negligently fail to return the 
same to the office from whence it issued, on or before the re- 
turn day thereof, it shall be lawful for the court, ten days pre- 
vious notice being given, upon motion of the party injured 
to fine such sheriff or coroner at their discretion in any sum 



And judgt. 
had vs. him- 
self & sure- 
ties, 
with interest 



Failing to re 
turn exon. 



Having no- 
tice. 



CLERKS OF COURTS, 1807 545 

not exceeding five dollars nor less than two dollars, per month, May be fin- 
for every hundred dollars contained in such judgment or de- ^ ' 
cree, on which the execution or attachment so by him detained 
was founded, and so on in proportion for any greater or lesser 
sum, counting the aforesaid month, from the return day of the 
execution or attachment to the day of rendering the judgment 
for the said fine, which fine shall be for the benefit of the party 
grieved. 

§ 7. When any writ of capias ad satisfaciendum is issued Time given 
against any person or persons out of any court of record within bar oAer^- 
this territory, and he or they are taken by virtue of the same, ecution. 
and if the party at whose suit 

( 455 ) 

the said writ was issued after issuing of the same, shall by 
request of the prisoner, release said prisoner, for the purpose 
of giving him or them further time to make the money there- 
on, it shall and may be lawful for the party at whose suit the 
execution was issued, at any time thereafter, to issue forth his 
or her writ of capias ad satisfaciendum or fieri facias, on the 
said judgment notwithstanding the release of the said prisoner 
or prisoners. 

GENNl. W. JOHNSTON, 
Speaker pro tempore, of the House of 
Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved— September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXI. 

An Act concerning Clerks of Courts. 

§ 1. IT shall be the duty of the General court of this Courts to 
Territory, and the several courts of Common Pleas of the ^^® bonds 
counties at their first session after the first day of January 
next, to receive of their respective clerks, bonds with approved 



546 



ILLINOIS HISTORICAL COLLECTIONS 



security, in the penalty of one thousand dollars, payable to 
the governor of the Territory, for the time be- 



To be lodg- 
ed in secy's 
office. 

Judges to 
examine elks 
books in o- 
pen court. 

Assess fines. 



Report &c 

Clerk fail- 
ing &c. 



Aud. his du 
ty. 



(456) 



1\ 



ing, and his successors in office, conditioned for the faithful 
discharge of the duties of their respective offices, and all clerks 
hereafter to be appointed to said courts shall previous to their 
exercising the duties of their office, enter into bond in like 
manner, which bonds shall by said clerks be lodged in the 
office of the Secretary of the Territory, within three months 
thereafter. 

§ 2. It shall be the duty of the presiding judge of the 
several courts of Common Pleas in this Territory, and of the 
first judge of the General court to examine the respective 
clerk's books in open court, & see what fines are due thereon 
to the territory or to the county, and make out a fair list there- 
of, and report those due to the Territory to the auditor there- 
of, who shall report the same to the legislature at the same 
time he makes his annual report, and if the said clerk shall fail 
to pay the said fines to the treasurer of the territory, or the 
county as the case may be, on or before the first day of March 
annually, the auditor shall direct the attorney general to ob- 
tain judgment by motion against said clerks in their respec- 
tive courts, upon giving ten days notice thereof, and imme- 
diately collect the same and pay it into the treasury of the 
territory, or the county as the case may be; and the said 
judges shall further report to the sheriffs as treasurers of their 
respective counties the amount of fines due to said counties, 
on or before the first day of March, and the sheriffs as treas- 
urers, if the said fines are 

(457) 

not paid to them, on or before the first day of May by the said 
clerks then the said sheriffs as treasurers, shall proceed to 



INCORPORATION, 1807 547 

collect the same in manner and form as is directed in the fore- 
going part of this section, 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXn. 

An Act to Incorporate the Vincennes Library Company. 

WHEREAS it has been represented to the General As- Preamble, 
sembly, that sundry citizens of Vincennes and its neighbour- 
hood, have associated themselves together for the purpose 
of establishing a Circulating Library, and in order to estab- 
lish said institution more permanently, they pray that a suit- 
able charter may be granted, organizing said institution. 

§ 1, For the better ruling and governing the said institu- appoint Prdt 
tion and the share holders in the said Library, there shall be "^irctrs. 
appointed 

(458) 

a president and seven directors, said president and seven direc- 
tors, shall be a body coporate in deed fact and name, by the 
name and style of "The president and directors of the Vin- 
cennes Library," and by the same name shall have perpetual 
succession, and they and their successors, at all times here- 
after by the name of the president and directors of the Vin- 
cennes Library shall be persons able and capable in law to 
sue, and be sued, plead, and be impleaded, answer and be an- 
swered unto, in any court of justice whatsoever, and to make 
and use one common seal, and the same to alter and change at Have seal, 
pleasure. 

§ 2. The president and seven directors shall be appointed President & 
annually at the meeting of the shareholders in said Library. pointed'ai^ 

nually. 



548 ILLINOIS HISTORICAL COLLECTIONS 

Have bye- § 3, The president and seven directors, or a majority 

laws. q£ them, shall have powder from time to time, and at all times 

hereafter, to meet and make such by-laws, ordinances and 
regulation, in v^^riting not inconsistent with the laws of the 
United States or of this territory, as may be necessary for the 
government of the said institution ; which by-laws shall be in 
force, until the next annual meeting, and afterwards unless 
disagreed to at such meeting; for which purpose all the by- 
laws made by such president and directors shall be laid before 
the succeeding meeting, for their approbation or rejection. 

( 459 ) 

§ 4. There shall be a general meeting of the shareholders 
Meet annu- on the first Monday in February, yearly, when they shall take 
^^y* into consideration the general interest of the said institution, 

and elect a president and seven directors, and all other necesr 
sary officers, and exact such security from the said officers as 
How to pro- they may deem proper ; and in case a general meeting shall not 
ceed. be had, on the stated day, the officers then acting shall con- 

tinue their functions until the next general meeting. 

§ 5. No determinate number of shareholders shall be 
necessary to form a quorum to do business. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 



ACTS 

ORIGINATED 
AT THE FIRST SESSION 

OF THE 

SECOND GENERAL ASSEMBLY 

OF THE 

INDIANA TERRITORY, 

Begun August 16th, 1807. 



COURTS, 1807 551 

ACTS, &c. 

CHAPTER LXXIII. 

AN ACT to alter the next September Term of the Court of Common Pleas 

of the County of Clark. 

BE it enacted by the Legislative Council and House of Rep- 
reseniatives, and it is hereby enacted by the authority of the 
same. That the term of the court of Common Pleas of the county Term alter- 
of Clark, which by law is ordered to be holden on the second ^^ 
Monday in the month of September next, be, and the same is 
hereby ordered to be holden on the second Monday in the 
month of October next, that all writs and other process re- 
turnable to the second Monday in September, stand returnable 
to the second Monday in October, and that thereafter, the term 
of said court be on the second Monday in September, an- 
nually. 

This act shall commence, and be in force from and after 
the twenty-fifth instant. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved— August 21st, 1807. 

WILLIAM HENRY HARRISON. 

(464) , . . • 

CHAPTER LXXIV. 
AN ACT for adjourning the next General Court of the Indiana Territory, 
and for amending an act passed at this Session, entitled "An act to 
alter the next September Term of the Court of Common Pleas of the 
County of Clark." 

§ 1. BE it enacted by the Legislative Council and House of 

Representatives, and it is hereby enacted by the authority of the 

same. That the next term of the General court of the Territory, Term alter- 
ed &c 



552 



ILLINOIS HISTORICAL COLLECTIONS 



Process con- 
tinued. 



Preamble. 



which by law is appointed to be held on the first Tuesday in 
September next, shall be, and the same is hereby adjourned to 
the third Tuesday in November next, when the said court shall 
be opened and held accordingly. 

§ 2. All suits and process which were, or shall be com- 
menced for the said court, and all suits and process which are 
depending in the said court, shall be, and the same are hereby 
continued to the said third Tuesday in November next. 

§ 3. All suits and process which are depending in the 
court of Common Pleas of Clark county) shall be, and the same 
are hereby continued to the court which by the act entitled 
"An act to alter the next September term of the court of Com- 
mon Pleas of Clark county" is ordered to be held and opened, 
on the second Monday in October, instead of the second Mon- 
day in September next. 

(465) 

This act shall be in force from the passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved— August 23th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXV. 
AN ACT Authorising the Collection of the Territorial Tax on Land in the 

Counties of St. Clair and Knox. 

I 

WHEREAS, the assessor of the county of St. Clair, having 
refused to make an assessment and return as required by law, 
of the lands lying in said county, and subject to territorial tax: 
And whereas the collector for the county of Knox having also 
failed to proceed in the collection of the tax on lands in the 
said county, in consequence whereof, the tax will not under 
the existing circumstances, be collected the present year. 

BE it therefore enacted by the Legislative Council and House 
of Representatives, and it is hereby enacted by the authority of the 



TAXATION, 1807 



553 



same, That the sheriff of the said county of St. Clair, as assessor Shff. to as- 
for said county, being furnished with an abstract of the lands ^^^^• 
in said county, by the auditor of the territory, which he is 
hereby required to do, on 

(466) 



or before the twentieth day of September, next, and having 
taken such oath as is required by law of an assessor, shall im- 
mediately proceed and make the assessment, as required by 
the act entitled "An act supplemental to the act entitled an 
act, for levying and collecting a tax on land, and for other 
purposes," and the act to which the said act is a supplement, 
and return the same to the auditor by the fifteenth of Novem- 
ber next, ensuing, the same having been examined and cor- 
rected by the court of Common Pleas of the said county of 
St. Clair; for which purpose, and for hearing complaints of 
improper assessments, the said court is hereby authorised and 
required, to hold a session at the court house of said county 
on the last Monday in October next ; upon the receipt of which 
list, the auditor shall immediately make out and transmit to 
the said sheriff, the abstract as required by law, to enable him 
to proceed with the said collection, who shall thereupon pro- 
ceed to collect the same by personal application or notice in 
writing, or by sale of the lands so taxed, by giving thirty days 
previous notice, by advertising at the court house door of the 
proper county, and by the first day of February ensuing, shall 
and do pay the same to the territorial treasurer agreeably to 
law. 

§ 2. Be it further enacted, That the sheriff of the said county 
of Knox, shall in like manner, upon being furnished with the 
abstract by the auditor, which he is hereby directed imme- 
diately to furnish him with, to proceed to the collection of the 
tax in the said county in the same manner, and 

( 467 ) 

pay the same over to the treasurer by the said first day of 
February. 



Take oath. 



Court to 
hear com- 
plaint. 



Auditor his^ 
duty. 



Collector, 
how to pro- 
ceed. 



Sff. of Knx. 
his duty. 



554 



ILLINOIS HISTORICAL COLLECTIONS 



Penalty on 
neglect. 



How recov- 
erable. 



Fees. 



How redee- 
med. 



Repealing 
clause. 



§ 3. Be it further enacted, That if the said Sheriff's or 
either of them shall refuse or neglect to discharge the duties 
hereby enjoined on them respectively, or shall neglect to pay 
over, or account for the amount of the taxes with which they 
may be so charged with the collection of, they shall be sev- 
erally and respectively, personally liable for the amount there- 
of, which may and shall be recovered by the attorney general, 
by motion in the General court, giving ten days previous 
notice; and execution thereupon issued, no replevin shall be 
allowed : the Sheriff's of the said counties of St. Clair and Knox, 
shall respectively be allowed for their services the same compensa- 
tion as assessors and collectors are entitled to. 

§ 4. Be it further enacted, That when any lands may be sold 
for the payment of taxes, whether belonging to residents or 
non residents, the same may be redeemed in the manner, and 
under the same regulations as is provided in the first section 
of an act entitled "An act supplemental to an act entitled an 
act for levying and collecting a tax on land and for other 
purposes. 

§ 5. And be it further enacted, That all laws and parts of 
laws coming within the purview of this act, be, and the same 
are hereby repealed. 

N n 

(468) 

This act shall commence and be in force from and after 
the passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 3rd, 1807, 

WILLIAM HENRY HARRISON. 



DEBTORS, 1807 555 

CHAPTER LXXVI. 

AN ACT to alter the times of holding the Circuit Courts for the Counties 
of St. Clair and Randolph. 

WHEREAS the time of holding the Circuit courts for the 
counties St. Clair, and Randolph, as now established by law inter- Preamble, 
fere with the General court of the Louisiana Territory, to the 
great detriment of several suiters in the said courts. 

BE it therefore enacted by the Legislative Council and House 
of Representatives, and it is hereby enacted by the authority of the 
same, that the circuit courts for the said counties of St. Clair & Courts when 
Randolph, shall hereafter commence and be holden on the fol- 
lowing days, viz. For the county of St. Clair on the last Mon- 
day of October; and for the county of Randolph on the first 
Monday of November, yearly and every year. 

§ 2. And be it further enacted. That all suits and process. Suits &c con 
returnable to, or depending in the said several Circuit courts, 
shall 

( 469 ) 

be continued over to the said several days and times above 
mentioned. 

This act shall take effect from the passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 8th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXVII. 
AN ACT prescribing the mode of proceeding against absconding Debtors. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same. That any Judge of the court of Common Pleas, or Justice 



556 



ILLINOIS HISTORICAL COLLECTIONS 



Judge C P 
or justice of 
the peace 
may issue 
atchmt. 



Where retur 
nable. 

To whom di 
rected. 



Summon gar 
nishee. 
To answer 
on oath. 



Judges or jus 
tices to take 
bond &c. 



Deft, may 
bring suit. 

Atcht. void 

without 

bond. 



of the Peace, on complaint upon oath, stating the amount, or 
as near as may be, of the debt or demand, and that a debtor 
is privately removing out of the county, or absconds, so that 
process cannot be served on him, may grant an attachment 
against such debtors estate, or to the value of the creditors 
debt and costs, returnable if the demand is above eighteen dol- 
lars, to the next court of Common Pleas having competent 
jurisdiction, to be directed personally to the Sheriff, under 
Sheriff or Constable, and where the Sheriff is in- 

(470) 

terested, to the Coroner of the county, to be served on the 
goods and chattels, lands and tenements, of the debtor, or in 
the hands of any person indebted to, or having any effects 
of such debtor in his hands, and shall summon such garnishee 
to appear at such next court of Common Pleas, to answer on 
oath what he or they are indebted to, and what effects of such 
debtor, they have, or had in their hands, at the time of serving 
such attachment, which being returned executed, the court 
may compel such garnishee to appear and answer. 

§ 2. Such Judge or Justice, before granting such attach- 
ment, shall take bond and security of the party praying the 
same, in double the sum to be attached, payable to the defend- 
ant, for paying all costs to be awarded him, if the plaintiff be 
cast in the suit, and also all damages to be recovered against 
such plaintiff for his suing out such attachment; which bond 
such Judge or Justice shall return to the said court, on which 
the defendant may bring suit, and recover agreably to the tenor 
thereof ; and any attachment issued without such bond taken and 
returned, shall be dismissed, and held illegal and void. 

§ 3. All attachments shall be replevied by giving appear- 
ance bail, as in case of a capias ad respondendum, and if such bail 
shall be insufficient, the same remedy shall be had against the 
Sheriff as if taken on a capias ad respondendum. 



DEBTORS, 1807 



557 



§ 4. If the plaintiffs demand shall not exceed the sum of Where retur- 
eighteen dollars, the Judge or Justice, granting such attach- 
ment, shall make it retrnable before himself, directed to 



(471) 

the Sheriff of the county, or any Constable within his town- 
ship, and shall require bond and security in like manner as if 
above eighteen dollrrs. 

§ 5. If any attachment returnable to the court of Common 
Pleas, or before any judge or justice of the Peace, be returned 
executed, and the effects be not replevied by giving appearance 
bail, if the demand exceed eighteen dollars, or giving such se- 
curity if under that sum, as would be demandable by a Justice 
on a capias against the defendant, the plaintiff shall be entitled 
to a judgment for his debt, and may take execution thereon, 
and the effects attached shall be sold, towards satisfying the 
plaintiff's judgment, as goods taken in execution on a fieri 
facias. But if the estate taken under an attachment be re- 
plevied as aforesaid, the like proceedings shall be taken there- 
on to obtain judgment, as if the suit had been instituted by 
capias ad respondendum. 

§ 6. And where any attachment is returned served in the 
hands of any garnishee, on his appearance and examination 
as aforesaid, judgment may be given and execution awarded 
against him for all money due from him, or property of the 
defendant in his possession or custody, or a sufficiency thereof 
to satisfy the plaintiff's debt and costs, 

§ 7. The sheriff or other officer who shall make sale of 
any property taken by attachment shall be allowed all reason- 
able charges for keeping the same by the court or justice be- 
fore whom the same is tried. 

All law and parts of laws coming within 

[472] 



To whom di 
rected. 
Bond &c. as 
before- 



Attacht. exd 
& no bail or 
security be- 
fore justice. 



Pltff. to have 
judgt, & is- 
sue fi. fa. 



Bail entered 
how suit con 
ducted. 

Garnishee ap 
pearing &c. 
judgt, & ex- 
ecution may 
issue vs. him. 



Officers al- 
lowed reason 
able charges 
for keeping 



the purview of this law, be and the same are hereby repealed. Repealing 

clause. 



558 



ILLINOIS HISTORICAL COLLECTIONS 



Preamble. 



Assessment 
made & tax- 
es now col- 
lected valid. 



This act shall commence, and be in force from and after 
the first day of January next. 

JESSE B. THOMAS, 
Speaker of the House of Representatives, 
B. CHAMBERS, 

President of the Council. 
Approved — September 8th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXVIII. 

AN ACT concerning the Territorial Tax, and authoirsing the collection 
thereof in the County of Randolph. 

WHEREAS the auditor of the Territory did not in con- 
formity to the second section of the act entitled "An act for 
levying and collecting a tax on land and for other purposes," 
transmit to the assessor of the said county, an abstract of the 
entries & locations of land in the said county, as obtained by 
him from the proper land office until after the day of appeal 
as fixed by law; in consequence whereof the assessment of 
lands made by the said assessor, were illegal and void: And 
whereas the collector of the said county proceeded to collect 
some of the taxes on land in said county on the assessment so 
illegally made, and in some in- 

( 473 ) 

stances sold the lands of delinquents for non payment thereof: 
And whereas complaints have been made of such irregularities and 
especially for want of the benefit of a court of appeals. 

§ 1. BE it enacted therefore by the Legislative Council and 
House of Represeniatives, and it is hereby enacted by the authority 
of the same, That the assessment as made by the assessor of the 
said county of Randolph, and the taxes as far as collected by 
the collector, shall be, and the same are hereby declared to 
be lesral and valid. 



TAXATION, 1807 



559 



Provided nevertheless, that the person or persons whose 
lands may be so assessed or taxed paid, shall have a right to ap- 
peal for any improper assessment, to the court of Appeals hereafter 
immediately mentioned. 

§ 2. Be it further enacted, That the Judges or any two of 
them of the court of Common Pleas of the said county of 
Randolph shall assemble at the court house or place where the 
court of the said county is usually holden on the fifteenth day of 
October next, ensuing, and the collector is hereby required to 
lay before them the abstract of assessment as made by the 
auditor, with which he is now furnished, which said court is 
hereby empowered and authorised to hear any complaint of an 
improper or partial assessment, which may have been so made 
by the assessor ; to make such alterations therein, as they may 
think just, and the same being so made by the said court, 
they shall certify by their clerk to the said collector, who shall 
thereupon refund to the person or persons entitled in ca- 

(474) 

ses of collection already made and discount in cases where the 
collection have not yet been made, which certificate of the clerk, 
accompanied by a receipt of the person or persons receiving, 
or with whom the discount may be so made in favor of the said 
collector, shall be a sufficient voucher to entitle him to a credit in 
the settlement with the auditor, for the amount thereof. 

Provided always. Nevertheless, and it is hereby enacted, that 
all sales of land heretofore made by the collector of the said 
county for non payment of taxes, shall and the same are here- 
by declared to be null and void. 

§ 3. And he it further enacted, That the collector shall im- 
mediately proceed to collect the taxes in arrear, in the same 
manner, and pay the same over to the treasurer as is provided 
and designated in an act passed at the present session en- 



When judg- 
es to meet & 
collector lay 
before them 
abstract of as 
sessment. 



Crt. to hear 
complts. & 
miake altera- 
tions & certi 
fy to col. 



Rect. suffici 
ent in settle- 
ment with 
aud. 



Sales hereto- 
fore null. 



Collector to 
proceed &c. 
as in cap. 75 



560 



ILLINOIS HISTORICAL COLLECTIONS 



Clks of G C 
same fees as 
elks, of C P 



Except &c. 



Clk. to make 
up record at 
full length. 



titled, "An act authorising the collection of the territorial tax 
on land in the counties of St. Clair and Knox. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 14th, 1807. 

WILLIAM HENRY HARRISON. 

(475) 

CHAPTER LXXIX. 

AN ACT regulating the Fees in the General Court, and for other purposes. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same. That from and after the passage hereof, the Clerk of the 
General court, and Circuit courts of this Territory, shall not 
have, take, ask or demand any other, or greater fee or reward 
for services hereafter rendered in suits or proceedings, now 
depending, or hereafter to be brought in the General or Circuit 
courts, than is, or shall by law be allowed to the respective 
Clerks of the courts of Common Pleas, of any county in this 
territory, except as now excepted, that they shall respectively 
have and receive fifty cents, for any manner, or kind of writ, 
except special writs, for which he shall be allowed such addi- 
tional fee, as the court in their discretion shall think reason- 
able, reguard being had to the length thereof, which may be sev- 
erally issued by them ; and the Clerk of the General court especially 
shall be allowed, ask, demand, and take for taking bond, on issuing 
writ of error, or supersedeas, seventy-five cents. 

The better to preserve the records and proceedings of the 
several courts within this territory, it shall be the duty of the 
Clerk of the General court, and the Clerks of the respective 
courts of Common Pleas, on the final determination of any suit 
to enter on record, in a book which they shall keep for 



Oo 



FEES, 1807 



561 



coroners fees 
the same in 
all courts. 



(476) 

that purpose all the proceedings and papers filed therein, pro- 
ceeding had, and also the judgment therein at full length, for 
which services the Clerk of the General court shall receive the 
same fee as is allowed to the Clerks of the courts of Common 
Pleas. 

§ 2. Be it further enacted, That the respective Sheriffs and 
Coroners of the several counties in this territory, shall not in 
like manner, receive or take, ask, or demand, any other, or 
greater fee for services rendered by them respectively, in the 
General or circuit, court than is, or may be allowed by law for 
similar services in the courts of Common Pleas. 

§ 3. Be it further enacted, That no attorney or counsellor Counsellors 
at law, shall exact or demand any further or greater fees for °^ attos. fees 
services rendered either in the General court or court of Com- 
mon Pleas, than the following, viz. 

D C 

In all civil actions where the title of land do not come 

in question 2 50 

In all civil actions where the title of lands do come 

in question 5 

For every verbal advice where suit is not depending, 1 25 
For every written advice where suit is not depending, 2 50 

§ 4. Be it further enacted. That the Clerk of the General 
court, if otherwise duly qualified and admitted according to 
law, shall be allowed and permitted to practice as attorney 
at law in the several courts of Common Pleas of this terri- 
tory. 

§ 5. Be it further enacted. That the attorney general, or at- 
torney prosecuting the 

(477) 

pleas in the different counties shall not in like manner tax up, 
or charge any other or greater fee than hereafter immediately 



Clk. of G C 
practice in in 
ferior crt. 



Atto, gen. or 
atto. prosecu 
ting pleas. 



562 



ILLINOIS HISTORICAL COLLECTIONS 



Fees taxed 
on deft, if 
convicted. 

Clks. of C. P 
act as elk. of 
Cir. crt. 



Repealing 
clause. 



stated, to wit : Drawing up and attending to an indictment or 
presentment, five dollars; which fee may be received by the 
said attorney general, or attorney prosecuting the pleas of the 
United States, in no other cases than where the defendant 
shall be lawfully convicted, when it shall be taxed in the bill 
of costs. 

§ 6. Be it further enacted, That the Clerks of the several 
courts of Common Pleas in their respective counties shall here- 
after act as Clerks of the Circuit courts, which may be holden 
therein, who shall receive such fees for their services as may, or 
shall be allowed by law. 

§ 7. And he it further enacted, That all laws and parts of 
laws coming within the purview of this act, be, and the same 
are hereby repealed. 

JESSE B.. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 14th, 1807. 

WILLIAM HENRY HARRISON. 



Preamble. 



(478) 

CHAPTER LXXX. 
AN ACT To encourage the killing of Wolves. 



WHEREAS the raising of sheep ought to be encouraged 
by every possible means, and as the distruction of wolves would 
greatly tend to so desirable an object, 

BE it therefore enacted by the Legislative Council and House 
of Representatives, and it is hereby enacted by the authority of the 
Persons a- same, That every person within this Territory of the age of ten 
kuTing ^w6li 7^^^^ ^"^ upwards, who shall kill any wolf within six miles 
of any of the settlements in any county within this territory, 
shall receive fifty cents for every wolf he shall kill not exceed- 
ing six months old, to be adjudged of by the Justice before 
whom the head shall be taken, and for every wolf of the age 
of six months and upwards, seventy five cents. 



What sum 
allowed. 



WOLVES, 1807 



563 



§ 2. And he it further enacted, That every person claiming 
such reward, shall produce the head or heads, if more than 
one, with the ears entire, to a Justice of the peace of the coun- 
ty where such wolf was killed, who shall administer to such 
person the following oath, viz. 

I do solemnly swear or affirm, 

as the case may be, that the head or heads, as the case may 
be, now produced by me, is the head of a wild wolf, taken and 
killed by me in the county of within six 

miles of some one of the settlements within the same, to the 
best of my knowledge, and that I have not wittingly or wil- 
lingly spared the life of any bitch wolf in my pow- 

(479) 

er to kill with a design of encreasing the breed, so help me 
God. 

And every Justice before he administers the foregoing 
oath shall first read it aloud to the person wishing to receive 
the same, and also the fourth section of this law: and every 
Justice before whom such head shall be produced, is hereby 
empowered and required to administer the foregoing oath, and 
thereupon grant to the killer, a certificate, reciting his name, 
the number of heads, and whether they be under or over six 
months old, the time and place they were killed ; which certi- 
ficate being produced to the court of Common Pleas, who are 
hereby authorised and required to give such person an order 
on the county treasurer for the amount to which he or they 
may be entitled. 

§ 3. And he it further enacted, That any Justice having 
wolves heads brought before him, shall have the ears cut off 
in his presence. 

§ 4. And he it further enacted, That if any person or per- 
sons, shall receive any reward contrary to the true intent and 
meaning of this act, the person or persons so ofTending shall 
forfeit and pay any sum not exceeding fifty dollars, to be re- 
covered by action of debt, qui tarn or by indictment, for the 
use of the county, before any court having jurisdiction. 



Produce the 
head & ears 
& take oath. 



Form thereof 



Justice to 
read oath & 
4th section. 



Grant cert. 



C P to grant 
order. 



J. Have ears 
cut off. 



Pesons fina- 
ble. 



564 



ILLINOIS HISTORICAL COLLECTIONS 



(480) 

This act shall commence and be in force from and after the 
passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 14th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXXI. 

AN ACT Concerning the Town of Jeffersonville. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That the following persons be, and they are hereby ap- 
pointed trustees of the town of JefTersonville, to continue in 
office until the first Monday in May next viz. Thomas T. Davis, 
James Lemon, Davis Floyd, Marston G. Clark, and Samuel 
Gwathmey. 

§ 4. Be it fvtrther enacted, That the holders of lots in 
the said town, being residents thereof, shall be and they are 
hereby authorised to elect five trustees annually on the said 
first Monday in May. That it shall be the duty of the sherifif of 
the county of Clark, to advertise twenty days previous thereto, 
at the door of the court house, that such an election will be 
held, and also to superintend and conduct the same, for 

(481) 

By who com- which services, compensation shall be made him by the trus- 



Trustees ap- 
pointed, &c. 



Who elect 
trustees. 



Shff . to adv. 
election. 



pensated. 



tees. 



Trus. appoint § 3. Be it further enacted. That the trustees shall have power 

elk. & assessr ^q appoint a clerk to their board, and annually to appoint an 
assessor, whose duty it shall be to value and assess all the 
Assessors du- lots in the said town, and make return thereof to the trustees 
^' having previously taken an oath before some Justice of the 



TOWN OF JEFFERSONVILLE, 1807 



565 



Peace, truly and impartially to perform the same, but in the 
valuation of said lots, the houses and other improvements 
erected thereon shall not be taken into consideration. 

§ 4. That on the return of each list of taxable property 
by the assessor, the trustees shall levy a tax thereon, at a rate 
not exceeding two per centum on the valuation of such, lots, 
for opening the commons and clearing and keeping in repair 
the streets, and such other improvements thereon as may be 
thought necessary by the trustees. 

§ 5. That the trustees shall annually at the time they 
appoint an assessor, appoint a collector, who shall, before he 
enters on the duties of his ofifice, give bond and security, to the 
trustees, or a majority of them, in double the sum to be col- 
lected, conditioned for the faithful collection and accounting 
for the same according to law. 

That the said collector shall, by sale of such lots or other- 
wise collect and account with the trustees of said town for the 
amount of the taxes with which he shall be charged within four 
months from the time of his appointment; for the collection 
of which the 

( 482 ) 

trustees shall allow him seven per cent on the whole amount. 
Before the said collector shall expose to sale any property for 
the taxes due thereon, he shall advertise the time and place of 
sale, for two weeks at the court house door of Clark county, 
and in one of the public news-papers either at Louisville or 
within the territory. 

§ 6. On the death, resignation, or removal of any one of 
the trustees, the same shall be filled by the remaining trustees 
who shall appoint a successor, to continue in office until the 
next election. 

§ 7. That the trustees of the said town shall have the 
original plan recorded in the recorders office of Clark county 
and may, by affixing posts, or stones, at the corner of each square, 
perpetuate the same. 



Houses not 
to be valued, 

Trus, lay tax 
For benefit 
of town. 



Trus. appt. 
a collector. 

CoUec. give 
bond. 



Collect tax 



Per cent al- 
lowed. 

To adv. sale. 



Vacancies 
how supplied 



Trus. have 
orig. plan re- 
corded. 
Perpetuate 
comers. 



566 



ILLINOIS HISTORICAL COLLECTIONS 



3 form a 
board. 



Vagfrants 

gamesters 

stranglers. 



& 



Dissolute life 
& deserting 
family. 



Justice to is- 
sue wart. 



On exam, if 
a vagrant to 
be commited 
or give bond 
to govr. &c. 



§ 8. That any three of the trustees shall be sufficient to 
form a board. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 14th, 1807. 

WILLIAM HENRY HARRISON. 

( 483 ) 

CHAPTER LXXXn. 

AN ACT concerning Vagrants. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That every person who shall be suspected to get his liveli- 
hood by gaming, and every able bodied person who is found 
loitering & wandering about, not having wherewithal to main- 
tain himself by some visible property, & who doth not betake 
himself to labour, or some honest calling to procure a liveli- 
hood; & all persons who may be found being, and who quit 
their habitations, and leave their wives and children without 
suitable means of subsistence, whereby they suffer, or may be- 
come chargeable to the county; and all other idle, vagrant and 
dissolute persons, rambling about without any visible means 
of subsistence, shall be deemed and considered as vagrants. 

§ 2. When any such person is found in any county, any 
Justice of the Peace, shall, from information, or from his own 
knowledge, issue his warrant, to the Sheriff or Constable, to 
bring such person before him ; and if upon such examination 
it shall appear to such Justice, that he comes within the de- 
scription of vagrants, agreeably to this act, he shall commit 
him to the jail of the county, until the next court of Common 
Pleas, unless he enter into bond to the Governor in the sum 
of fifty dollars, with sufficient security, to be adjudged of by 
the Justice, for his appearance before the said court, and there 
to abide the determination 



VAGRANTS, 1807 



S67 



(484) 

thereof. If upon examination it appears to the said court, 
that such person is within the description of vagrants, and is 
a minor, they shall direct the Sheriff to bind him to some per- 
son of useful trade, or occupation, until he shall arrive at the 
age of twenty-one years, and if such apprentice desert their 
masters, they shall be dealt with as other apprentices who 
leave their masters before the expiration of their appren- 
ticeship. But if such vagrant be above the age of twenty-one 
years, the said court shall direct the Sheriff to hire him out for 
any term not exceeding nine months : Provided however, That 
if such person have a wife, or family, within the county, he 
shall be set at liberty on his entering into bond with approved 
security, by the court, payable to the Justices thereof, to re- 
turn to his wife and family, and follow some useful employ- 
ment, for their maintenance and support. 

§ 3. When no person will hire a vagrant when deemed 
such by the court, or will not take him, only by furnishing him 
with such diet and clothes as may be necessary for him during 
his servitude, the court shall order such vagrant to receive any 
number of lashes not exceeding thirty-nine, on his bare back, 
and the Sheriff shall see the same executed accordingly. 

§ 4. The money arising from the hire of any vagrant 
shall be applied by the court towards the payment of his debts ; 
but if he shall not be indebted, or owe to the amount of his 
liire, the same, or the balance thereof shall be paid to such 
vagrant at the time his service expire; unless he has a wife, 
or children, in which case it shall be applied to 

(485) 

their use. When any vagrant shall have entered into bond 
with security as last mentioned, to the Justices, and the pen- 
alty thereof shall become forfeited, the court shall direct an 
execution to issue thereupon against the goods, chattels, lands 



If minor va- 
grant how to 
proceed. 
If desert how 
dealt with. 



Adult vag. 
hired out. 

If married 
may be libe- 
rated giving 
bond &c. 



If no person 
will take vag 
abond crt. to 
order stripes. 



Shff. have 
sentence ex- 
ecuted. 

Hire of vag- 
abond how 
amilied. 



Vags. bond 
forfeited how 
crt. to procd- 



568 



ILLINOIS HISTORICAL COLLECTIONS 



Collected by 
shff. &c. 

Jus see act 
executed. 
Shff. & Con- 
stable give in 
formation of 
vagrants. 



Grand jury 
present vag. 

Crt. direct J. 
to issue wart. 

If vag. pro- 
ceeded with 
as before sta- 
ted. 



Trustees ap- 
pointed, &c. 



and tenements of such security, and the Sheriff shall make dis- 
tress, and collect the amount as on other executions, and the 
money arising therefrom shall be applied towards lessening 
the county levy. 

§ 5. All the Justices of their respective counties shall see 
this act executed, and all Sheriffs and Constables within the 
several counties shall give information to such Justices of all 
vagrants that may be within their knowledge, in their respec- 
tive counties; and grand jurors impannelled for any county 
shall make presentment of all such persons within the county, 
as they may suspect to be vagrants agreeably to this act, and 
upon such presentment the court shall direct some Justice of 
the Peace to issue his warrant to bring such suspected person 
before him, and if upon examination it appears that they come 
within the description of vagrants, the same steps shall be taken 
against them, as are heretofore directed to be taken against 
vagrants. 

( 486 ) 

This act shall commence, and be in force from and after 
the first day of January next. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 14th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXXni. 

AN ACT Concerning the Town of Kaskaskia. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and if is hereby enacted by the authority of the 
same. That the following persons be, and they are hereby ap- 
pointed trustees of the town of Kaskaskia, to continue in office 
until the first Monday in May next viz. Michael Jones, Robert 
Robertson, George Fisher, John Edgar, and William Morrison, 



TOWN OF KASKASKIA, 1807 



569 



§ 2. Be it further enacted, That the holders of lots in the Who elect 
said town, being residents thereof, shall be and they are hereby *"*^*®^^' 
authorised to elect five trustees annually on the first Monday 
in May. That it shall be the duty of the sheriff of the county 
of Randolph, to advertise twenty days previous thereto, at the 
door of the court house, that such an election will be holden, 
and also to superintend and conduct the same, for 



Shff. to adv. 
election. 



( 487 ) 

which services, compensation shall be made by the trustees. 

§ 3. Be it further enacted, That the trustees shall have power 
to appoint a clerk to their board, and annually to ap- 
point an assessor, whose duty it shall be to value and 
assess all the lots in the said town, and make return thereof 
to the trustees having previously taken an oath before some 
Justice of the Peace, truly and impartially to perform the same, 
but in the valuation of said lots, the houses and other improve- 
ments erected thereon shall not be taken into consideration. 

§ 4. Be it further enacted, That upon the return of such list 
of taxable property by the assessor, the trustees shall levy a 
tax thereon, at a rate not exceeding two per centum on the 
valuation of said lots, for surveying the town, paying the ex- 
pence of their officers, and clearing, and keeping in repair the 
streets, and such other improvements thereon as may be 
thought necessary by the trustees. 

§ 5. Be it further enacted, That the trustees, shall annually, 
at the time they appoint an assessor, appoint a collector, who 
shall, before he enters on the duties of his office, give bond 
and security, to the trustees, or a majority of them, in double 
the sum to be collected, conditioned for the faithful collection 
and accounting for the same according to law. 

That the said collector shall, by sale of said lots or other- 
wise collect and account with the trustees of the said town for 
amount of the taxes, within four months from the 

(488) 

time of his appointment; for the collection of which the trus- 



By who com- 
pensated. 



Trus. appoint 
elk & assessr 



Assessors du- 
ty. 



Houses not 
to be valued. 

Trus. lay tax 
For benefit 
of town. 



Trus. appt. 
a collector. 

Collec. give 
bond. 



Collect tax 



570 



ILLINOIS HISTORICAL COLLECTIONS 



Per cent 
allowed 



To adv. sale. 
Vacancies 
how supplied 



Trus. have 
plan recorded 



Perpetuate 
comers. 

3 form a 
board. 



Election dis- 
tricts desigfna 
ted by C. P. 



tees shall allow him seven per cent on the whole amount. Be- 
fore the said collector shall expose to sale any property for the 
taxes due thereon, he shall advertise the time and place of sale, 
for two weeks at the court house door of Randolph county. 
§ 6. Be it futher enacted, That on the death, resignation, 
or removal of any one or more of the trustees, the same shall 
be filled by the remaining trustees who shall appoint a suc- 
cessor or successors, to continue in office until the next elec- 
tion. 

§ 7. Be it further enacted, That the trustees of the said town 
shall have the same surveyed, and the plan thereof recorded 
in the recorder's office of Randolph county, and may, by affix- 
ing posts, or stones, at the corner of each square, perpetuate 
the same. 

§ 8. And he it further enacted, That any three of the trus- 
tees shall be sufficient to form a board. 

JESSE B. THOMAS, 
Speaker of the House of Representatives^ 
B. CHAMBERS, 

President of the CounciL 
Approved — September 16th, 1807. 

WILLIAM HENRY HARRISON. 

(489) 

CHAPTER LXXXIV. 

AN ACT To alter and amend an act to regulate elections, and an act to- 

establish election districts, in the several counties in this Territory. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same. That there shall be an election district established and held 
in each and every Township, in the several counties of this 
Territory, at such place or places therein, as near the centre of 
population, as may be, as the several courts of Common 
Pleas of the respective counties, shall by their order designate 
and appoint, and which they are hereby authorized to do. 



ELECTIONS, 1807 



571 



§ 2. For the purpose of carrying this act into effect, the 
high sheriffs of their respective counties shall appoint a deputy 
in each of the townships, other than the one in which he re- 
sides, who shall take to their assistance a Justice of the 
Peace in the respective counties, at least ten days before the 
commencement of any election ; in case of the non attendance of 
such Justice, the said sheriff shall take a freeholder of the said 
towonship as such assistant, which said sheriff and Justice 
or freeholder, shall be judges of elections in the said town- 
ship and they shall appoint two poll keepers, who shall take 
the same oath, perform the same duties and receive the same 
compensation, as is, or shall be by law allowed; and no judge 
of elections shall be entitled to demand or receive any pay or 
compen- 

(490) 

sation for his services ; the said deputy sheriff and Justice of 
the Peace or freeholder, as the case may be, shall before they 
commence the election take an oath, before some Judge or Jus- 
tice of the Peace, faithfully and impartially to perform their 
duties. 

§ 3. The said deputy and Judge of elections in the several 
townships, other than the one in which the sheriff resides, shall 
within ten days after the close of such elections, transmit to 
the high sheriff', the original poll, certified and attested by 
them, and the poll keepers in the respective townships ; who 
shall thereupon immediately cast up the number of votes given 
in the whole of the respective townships, for the several can- 
didates, and shall thereupon declare the person or persons hav- 
ing the greatest number of votes, duly elected, and deliver him 
or them, a certificate thereof, signed with his name ; and the 
said sheriff shall cause copies of the polls so taken to be deliv- 
ered to the office of the secretary of the territory and clerk 
of the court of Common Pleas as by law directed. 

§ 4. The sheriff shall with one Justice of the Peace, take 
the polls in the townships in which they respectively reside. 



Shff. to appt. 
deputies. 



Take assits. 



Assits. fail- 
ing to attend 
others taken. 



Appt. poll 
keepers. 

Duties and 
compensatn. 



Judges re- 
ceive no com 
pensation 
Take oath. 



Certify polls 



Shff. declare 
who is electd 



Give certifi- 
cate thereof. 

copies of poll 
to sec. & elk. 
C. P. 
Shff. take 
polls with 1 
J. P. 



572 



ILLINOIS HISTORICAL COLLECTIONS 



Elec. same 
day in every 
township. 



Repealing 
clause. 



Preamble. 



Trus. conti- 
nue in office. 
3 years. 



§ 5. The poll shall be open but one day in each town- 
ship, and the elections shall invariably be held in every town- 
ship in the county on the same day, and no voter shall vote in 
any other township than the one in which he resides. 

§ 6. So much of the law of the territory as requires two 
Judges of the courts of Common Pleas of the respective coun- 



ties to 



(491) 



act as Judges of elections, and all laws and parts of laws 
coming within the purview of this law, shall be and the same 
are hereby repealed. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 16th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXXV. 

AN ACT to Incorporate the Wabash Baptist Church. 

WHEREAS it has been represented to the General As- 
sembly, that sundry citizens of Palmyra Township, in the 
county of Knox, and its neighbourhood have associated them- 
selves together for the purpose of building a Church and 
thereby propagating the gospel of our blessed Saviour Jesus 
Christ and in order to establish the said institution upon a 
more permanent foundation, a charter of incorporation has 
been prayed for. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That for the better ordering, ruling and governing the 
said institution, and the members thereof, there shall be three 
trustees appointed, who shall continue in office for the term of 
three years, next succeed- 



INCORPORATION, 1807 



573 



Their names 



Incorporated 



Prosecute & 
defend. 



Qq 

(492) 

ing; and that Robert Elliot, John Alton, and William Bruce, 
be, and they are hereby appointed the first trustees of the said 
institution, who shall hold their offices for and during three 
years from the passing hereof; the said trustees and their suc- 
cessors in office, shall be a body corporate, in deed, fact and 
name, by name and style, of the "Trustees of the Wabash 
Baptist Church" and by the same name shall have perpetual 
succession, and they, and their successors, at all times here- 
after, by the name of the trustees of the Wabash Baptist 
Church, shall be persons able and capable in law to sue, and 
be sued, implead, and be impleaded, answer, and being an- 
swered unto, in any court of Justice whatsoever, as also to 
purchase or receive in gift, for, and in the name, and to and for 
the use of the said institution, any real estate, for the purpose 
of erecting the said Church: Provided, The same shall not at 
any time exceed four hundred acres of land. 

§ 2. Be it further enacted, That the office of the said trustees 
shall be supplied by election, to be holden at the said Church, 
by the members of the said institution, triennially, on the first 
day of October, counting from the first day of October, now 
ensuing. 

§ 3. And he it further enacted, That the said trustees, or a 
majority of them, shall have power from time to time, and at 
all times hereafter, to meet and make such by-laws, ordinances 
and regulations in writing, not inconsistent with the laws of 
the United States, or of this territory, as may be necessary 
for the government of the said 

( 493 ) 

institution ; which by-laws, shall be in force until the next How long in 
triennial meeting, and afterwards, unless disagreed to at such 
meeting; by a majority of the members of the said Church, for 
which purpose all the by-laws made by such trustees, shall be 



Purchase or 
receive real 
estate. 

Vacancies 
how supplid. 



Make bylaws 



574 



ILLINOIS HISTORICAL COLLECTIONS 



Laid before laid before the succeeding meeting, for their approbation or 
meeting. rejection. 

This act shall take effect, and be in force from and after the 
passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 16th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXXVI. 

AN ACT authorising the Territorial Collector of Taxes on Lands in the 
County of Knox, for the year eighteen hundred and six, to collect the 
arrearages thereof. 



Preamble. 



Assessmt. of 
1806 valid. 



CoUec. pro- 
ceed to col- 
lect arreargs. 



WHEREAS the Assessor and Collector for the county of 
Knox, did fail to comply w^ith the act of the General Assembly, 
entitled "An act for the collection of a tax on land, and for 
other purposes, for the year eighteen hundred and six," in 
consequence of which failure, there is still due by the said 
county of Knox, to the territory a considerable sum of money ; 
And whereas, the 

(494) 

assessment as made in the aforesaid year of one thousand eight 
hundred and six, vv^as considered illegal, in consequence of 
which the said Collector has failed to collect the said sum ; for 
remedy whereof, 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That the said assessment, as made by the assessor, for the 
year eighteen hundred and six, be, and the same is hereby 
allowed legal and valid to all intents and purposes. 

§ 2. Be it further enacted. That the said collector for the 
year one thousand eight hundred and six, shall, and he is here- 
by authorised and empowered to proceed immediately to col- 



PRIVATE ACTS, 1807 575 

lect the said arrearages of taxes for the year of one thousand As shff. of 
eight hundred and six, in the same manner that the Sheriff is i|o7\ 
directed to proceed in the county of Knox, for the collection chap. 75. 
of the taxes due in the year eighteen hundred and seven, by 
an act entitled "An act concerning the territorial tax on land, 
and authorising the collection thereof in the counties of St. 
Clair and Knox." 

§ 3. Be it further enacted, That the said assessor shall be Receive com 
allowed the same fee or reward for assessing and collecting Pensation. 
the said arrearages of taxes as is allowed to the Sheriff of Knox 
county, for collecting the taxes due for the year eighteen hun- 
dred and seven. 

§ 4. Be it further enacted. That the said collector shall pay Aud pay o- 
over the said arrearages of taxes, on or before the first day of nakv^ "^ ^^' 
February next ensuing, under the same re- 

[495] 
gulations and penalties that the said Sheriff is bound to do 
by the said act. 

This act shall take effect from and after the passing 
thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 16th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXXVH 
AN ACT Authorising William Henry Harrison to to sell a tract of Land 
for the purposes therein mentioned. 

WHEREAS, it hath been represented to the general as- 
sembly that William Henry Harrison, hath been appointed Preamble. 
guardian of Julian and Harriet Hamtramck, the infant daught- 
ers of John Francis Hamtramck now deceased, by his first 
wife, Mary the widow of Nicholas Perrot and that he hath no 
funds from the proceeds of the estate of the said John Francis 



576 



ILLINOIS HISTORICAL COLLECTIONS 



Guardian to 
sell land. 

By pub. sale 
gfiving notice 



Snpport of 
children. 
Execute 
transfer. 

May credit. 

Take bond. 



Hamtramck deceased to maintain and educate the said Julian 
and Harriet, and further that the said Julian and Harriet are 
entitled to a tract of land of four hundred acres, lying and being 
situate in the county of Knox in this Territory in right of their 
mother, which has been granted by the government, to the 
said Ma- 

( 496 ) 

ry or the first husband Nicholas Perrot of the said Mary as the 
head of a family, at Vincennes, in the year seventeen hun- 
dred and eighty three. 

§ 1. Therefore he it enacted by the Legislative Council and 
House of Representatives, and it is hereby enacted by tJie authority 
of the same. That the said William Henry Harrison, be, and he 
is hereby authorised and empowered to sell and dispose of by 
public sale, for the best price that can be got, giving twenty 
days notice of such sale, of the said tract of four hundred 
acres of land, for the maintenance and education of the said 
Julian and Harriet, and to make and execute all necessary 
deeds of conveyance, for securing to the purchaser or pur- 
chasers of the said tract of land, the absolute fee simple in the 
same ; Provided ahvays, That no such sale shall be made at a 
shorter credit than six month's payments, to be made by bond 
and sufficient security and a mortgage on the prmises. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 

B. CHAMBERS. 

President of the Council. 
Approved — September 15th, 1807. 

WILLIAM HENRY HARRISON 

(497) 

CHAPTER LXXXVHI. 
AN ACT Authorising the Administrators of the estate of John Francis 
Hamtramck, deceased to sell certain lands for the benefit of his Cred- 
itors, Heirs and Representatives. 

WHEREAS, it hath been represented to the general as- 
sembly of this Territory, that a certain John Francis Ham- 



PRIVATE ACTS, 1807 S77 

tramck, and Rebecca his wife, by a special deed of trust, bear- 
ing date the eleventh day of March eighteen hundred and one, 
amongst other things conveyed, certain lands, tenements and Preamble. 
hereditaments, lying and being situate in the county of Knox, 
in the said territory, to Edward D. Turner and Oliver Ormsby, 
for the purpose of levying and raising a sum of money to pay 
and discharge certain debts in a schedule annexed to the said 
deed particularly set forth : And zvhereas, it hath been further 
represented as aforesaid that the said Edward D. Turner and 
Oliver Ormsby have refused and neglected to do, perform and 
discharge the trust reposed in them as aforesaid, and further 
that the said John Francis Hamtramck is now deceased. 
Therefore 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That the administrators of the estate rights and credits of Adm. to sell 
the said John Francis Hamtramck, deceased, be, and they are ^jce. 
hereby authorised and empowered, to sell by public sale, for 
the best price that can be got, on giving fifteen days public 
notice of the time and place of such sale, and dispose of all the 
lands, tenements, and heredita- 

( 498 ) 

ments, belonging, or in any wise appertaining to the estate of 
the said John Francis Hamtramck deceased, and lying and 
being situate in the said territory, to and for the purposes in 
the said deed of trust specified and that the said administrators Execute 
make and execute all necessary deeds of conveyance to the ^^ 
purchaser or purchasers for securing to him, her or them the 
absolute fee simple in the lands, tenements and hereditaments, 
that may, or shall be sold and purchased, in manner aforesaid, 
that the said administrators be, and they are hereby author- 
ised, after the payment of the debts annexed to the said deed 
of trust, to apply the balance of the proceeds of the sale of After paymt. 
said lands, and also the amount of the sales of such other balance ap*^ 
lands, belonging to said estate within this territory to the plied. 



578 



ILLINOIS HISTORICAL COLLECTIONS 



Credit allow- 
ed on giving 
bond &c. 



C P of Knox 
to settle ac- 
counts of ad- 
ministrators. 



Committee 
contract for 
printing &c. 



payment of the said decedent's other debts, and to and for the 
use of his heirs and legal representatives : Provided however, 
that such sale shall be made on a credit of not less than six 
nor more than twelve months, payable with interest, secured 
by bond and sufficient security, and also by a mortgage on the 
premises sold; the proceeds of such sales shall be accounted 
for by said administrators in a due course of administration. 
§ 2. And he it further enacted, That the court of Common 
Pleas, in and for the county of Knox, be and they are hereby 
authorised and empowered to settle and adjust with the said 
administrators, all accounts debts, dues and demands incurred 
by them and which belong, or in any wise appertain to the 
estate of the said John Francis Hamtramck, deceased. 

(499) 

This act shall commence, and be in force from and after 
the passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 15th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER LXXXIX. 

A RESOLUTION for Printing the Laws of the Territory, and the Journals 
of both Houses of the Legislature. 

RESOLVED by the Legislative Council and House of Rep- 
resentatives, That Messrs. Genl. W. Johnston, and John Rice 
Jones, be, and they are hereby appointed a committee, to con- 
tract with Messrs. Stout and Smoot, for the printing on the 
terms proposed by them five hundred copies of the Revised 
Code, and the Acts passed at the present session of the Legis- 
lature ; and of two hundred copies of the Journals of both 
Houses of the Legislature at their present session ; that upon 
making the contract the said committee take from the con- 



PRINTING OF LAWS, 1807 



579 



tractors, bond with solvent security, in the sum of one thou- 
sand dollars, for the performance of said work, which bond 
they shall deposit in the Territorial Secretary's office; and that 
they be, and they are hereby authorised to take 

Rr 

[500] 

from the Clerk of the Legislative Council, and that of the House of 
Representatives, the Journals of their respective houses, and from 
the office of the Secretary of the Territory, the original Laws or 
Acts on file in his office, for the purpose of attending to the Print- 
ing, collating, and Binding thereof, which when they have done, 
they shall return the original and cause the copies to be distributed 
in the following manner: 

To the county of Dearborne, forty-five copies. 

To the county of Clark, forty-five copies. 

To the county of Knox, forty-five copies. 

To the county of St. Clair, forty-five copies. 

To the county of Randolph, forty-five copies. 

Which the said committee shall cause to be conveyed to 
the Clerks of the courts of Common Pleas of the said respec- 
tive counties, to be by them distributed; one to each of the 
Judges of the court of Common Pleas, one to himself, one to 
the attorney prosecuting the pleas, one to each member of 
the House of Representatives, and Legislative Council, from 
his county, one to the Sheriff, one to each Justice of the Peace 
of his county, one to each Recorder, when not a Clerk, one 
to each Colonel Commandant, one to each Major, one to each 
Captain of a company, one to each Adjutant of a regiment 
and battalion, and one to the Coroner, except the Journals, 
which shall be distributed by the committee equally to the 
several counties, being forty to each county, to 

(501) 

the respective Clerks as aforesaid, to be distributed as afore- 
said, the expences whereof shall be paid out of the territorial 



Take bond 
&c. 



Take from 
elks, jour- 
nals, from 
secy, origfin- 
al acts. 

Attend to 
printing, &c. 
& distribut- 
ing laws. 



Comtee. for- 
ward laws 
to elks. C P 
Clks. to dis- 
tribute them 



Forward jour 
nals. 



Clks. distri- 
bute them. 



580 



ILLINOIS HISTORICAL COLLECTIONS 



Expenee pd. 



Certify in fa- 
vor of print. 



Govr. give 
out copies. 



treasury, upon the order of the Auditor, under the certificate 
of the said committee, and the balance of the whole number 
thereof, to be by the said committee, deposited in the office 
of the Secretary of the territory, there to be kept, at the dis- 
posal of the Governor, And they are hereby further authorised 
and empowered to certify to the Auditor the amount to which 
the said Printers may be entitled for doing said work, after the 
same shall be performed, which shall be a sufficient voucher 
for the Auditor to audit the same, and for the claimants to 
receive the amount when in the treasury : Resolved further, That 
the Governor, out of the copies put into the Secretary's ofifice, 
and at his disposal, deliver one to the Attorney General, one 
to the secretary, one to each of the Judges of the General 
court, one to the Clerk thereof, keep one himself, one to the 
Territorial Treasurer, and one to the Auditor. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

( 502 ) 

CHAPTER XC. 

AN ACT to authorise the Proprietors of Lands in the Lower Prairie, in the 
County of Knox, to inclose the same, and for other purposes. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
Lower prai- same. That all the lands situate in the prairie below Vincennes, in 
the county of Knox, and comprised within a boundary line, 
which shall begin at a point one hundred feet from the high 
water mark of the river Wabash, on the line dividing the town 
lots of Vincennes, from the Church lands, and running there- 
with back from the said river, to the end of the Church lands, 
thence at right angles with the said line, to a point on the line 



rie fenced by 
certain lines 



PRIVATE ACTS, 1807 581 

dividing the lands of Langedoe, from the land of Bray, at the 
end of their concessions; thence with the said dividing line, 
towards the river Wabash, until it strikes a point on the same 
line, one hundred feet from the said river high water mark: 
and thence at right angles with the said line, parallel with the 
Wabash, and always at the distance of one hundred feet there- . ^y what 
from, until it strikes and terminates at the said point of be- 
ginning, shall on or before the last day of March, one thousand 
eight hundred and eight, be enclosed and fenced as in this law 
is prescribed. 

§ 2. Be it further enacted, That the said fence shall be made Of what 
of good and sufficient rails of ten feet in length, laid horizon- 
tally in pannels, in what is commonly called a worm fence, 
and shall be at least five feet 

( 503 ) 

in height exclusive of the rider, above the common level of 
the earth. 

§ 3. That the rails composing the first two feet of the Manner of 
said fence from the ground, shall not be placed more than four "^^'^"S- 
inches a part, and the second two feet from the earth, not more 
than six inches from each other, nor at a greater distance from 
the earth to the lowermost or bottom rail, than three inches : 
and at every corner or angle of said fence, such angle shall be 
secured by stakes strongly planted in the earth, and sur- 
mounted with a rail or rider. 

§ 4. That each and every proprietor of land, within the By whom 
said boundary line, shall on or before the last day of March 
next, make, and ever after maintain, in good and sufficient re- 
pair, a fence as herein prescribed, at both ends of his, her or And kept in 
their lands, and also his, her or their part of the whole extent ^^P^"^* 
of the fence aforesaid at both sides of the said boundary, which 
part shall be ascertained by the Syndic of the field, by appor- 
tioning to each and every of them, his or her part thereof, in 
proportion to the length of his, her or their concession, within 
the said boundary line. 



582 



ILLINOIS HISTORICAL COLLECTIONS 



Persons refu- 
sing how 
their fence to 
be made. 



& remedy. 



Persons pul- 
ling down 
fence finable 
&c 



Causing to 
be burnt any 
part of fence 
liable to fine 
&c. 



§ 5. That if any proprietor or proprietors, shall refuse 
or neglect to make on or before the last day of March next, his, 
her, or their proportionate part of the said fence, as is herein 
provided, it shall be lawful for the said Syndic, forthwith to 
make, or cause to be made, the part aforesaid, of him, her or 
them, so failing-, at the proper expence and charge of such 
delinquent; which expence with costs of suit, may be recov- 
ered of such delinquent, by the said Syndic, in 

(504) 

an action of debt, before any court or magistrate in the said 
county. 

§ 6. That any proprietor or proprietors, or other person 
who shall pull down, or lay open any part of the said fence, 
except in the act of repairing the same, he, she or they so of- 
fending, shall be trespassers, and shall pay to any proprietor 
or other person who will sue for the same, not less than one 
dollar, for each pannel of the said fence such trespasser shall 
so lay open, and moreover be liable to make good all injury 
or damages occasioned thereby, to any proprietor or pro- 
prietors or other person injured, with costs, to be recovered 
as aforesaid. 

§ 7. That any proprietor or proprietors, or other person 
or persons, who shall wilfully or negligently set on fire or 
cause to be set on fire, any woods, woodland, prairie, grass, 
leaves or herbage, within or without the said boundary line, 
and shall not extinguish the same, before any part of the said 
fence, shall thereby be hurt, or otherwise damaged or injured, 
or any corn, wheat, or other grain, grass, hay, wood, copse, or 
underwood, growing or being within the said fence, shall 
thereby be destroyed or injured, he, she or they, so offending 
shall be, and are hereby declared liable to pay to the Syndic, 
five dollars for every such ofifence, and moreover make good 
all injury, damage or loss as aforesaid, which any proprietor 
or proprietors, or other person or persons shall thereby suffer, 
with costs of suit, in any court, or before any magistrate in 
the said county, as the case may be. 



PRIVATE ACTS, 1807 



583 



§ 8. That if any proprietor or proprie- 

( 505 ) 

tors person or persons, who shall at any time or season of the 
year, liberate or put to pasture, any horse or horses, cattle 
sheep or hog-s, within the said boundary line, he, she or they 
so offending- shall be deemed trespassers, and shall be and they 
are hereby declared liable to pay to the syndic, one dollar for 
each and every head or creature so liberated or depasturing; 
and moreover make good all injury and damages thereby oc- 
casioned, to any proprietor or proprietors, other person or per- 
sons within the said boundary to be recovered as aforesaid. 

§ 9. That any proprietor or proprietors, or other person 
or persons, who shall wilfully or negligently liberate or suffer 
to escape, or stray or depasture, over the land of another pro- 
prietor or proprietors within the said boundary line, any horse 
or horses, ox or oxen, with which he, she or they may have 
been performing any labor within the said boundary, without 
the consent of such other proprietor or other person first had; 
every person or proprietor so offending shall be deemed tres- 
passers, and shall be, and they are hereby declared liable to pay 
to the syndic, one dollar for each and every head or creature 
so liberated and depasturing, and moreover make good all in- 
jury and damages thereby occasioned to any proprietor or pro- 
prietors, or other person or persons within the said boundary, 
to be recovered as aforesaid. 

§ 10. That if any horse, mare, colt, cattle, sheep, lambs 
or hogs, after this law shall be in force, shall trespass by 
breaking into the said fence, the same being made as is hereby 
prescribed, each proprietor or proprie- 

(506) 

tors, or other person or persons, being injured thereby, may 
seize and distrain such trespassing animal or animals, as in 
the second section of a law of the territory, entitled, "An act 
concerning trespassing animals." 



Pasturing cat 
tie &c fina- 
ble &c. 



Suffering 
creatures to 
trespass fina- 
ble &c. 



Trespassing 
animals in 
breaking 
fence how 
dealt with. 



584 



ILLINOIS HISTORICAL COLLECTIONS 



Lands of non 
cultivtg. pro 
prietors let 
out. 



May be re- 
leased from 
lessee after 
crop off & 
compensati- 
on made. 



Riding or 
driving cart 
&c over o- 

ther's land 
prohibited. 



§ 11. That if any proprietors, resident or non resident, 
shall not cultivate his, her or their lands within the said 
boundary line or any part thereof, and no representative for 
him her or them, shall appear, who will undertake to, and with 
the Syndic, for such non cultivating proprietor or proprietors, 
that he will conform to the provisions and requisitions of 
this law, it shall be lawful for the syndic to lease the land of 
every such non cultivating proprietor or such part thereof for 
the shortest time he can, to any person or persons who may 
apply to him therefor, and who will undertake to conform 
thereto. 

§ 12. That such non resident or non cultivating pro- 
prietor or proprjetors may enter upon his, her, or their land, 
at any time during the said term or lease, after the crop then 
prepared to be sown or planted, or growing on such land shall 
have been reaped or gathered by such lessee : Provided, that 
such non cultivating proprietor shall make compensation to 
such lessee for the time not expired of such lease, and that 
until such compensation shall be made, it shall be lawful for 
such lessee to occupy and cultivate the land for the term so 
leased, without the let, hindrance or molestation of such non 
cultivating proprietor or proprietors. 

§ 13. That it shall not be lawful for any proprietor or 
proprietors, or other person 

( 507 ) 

or persons within the said boundary line, to ride on horse 
back, or ride or drive any ox or oxen or other cattle, or to 
drive any carriage, cart plough or harrow, over the land of 
any other proprietor or proprietors, coming to or going from 
his her or their land or otherwise, without the consent of such 
other proprietor or proprietors first obtained, and if any proprietor 
or proprietors or other person or persons, shall so ride or drive 
any or all of the horse or horses, ox or oxen, or other cattle, car- 
riages, cart, plow or harrow, he, she or they so offending, shall be 
deemed trespassers, and shall be, and are hereby declared liable 



PRIVATE ACTS, 1807 



585 



for all the loss, injury or damage, which thereby may be occasioned Penalty, 
to all, and every person or persons, cultivating or possessing land 
within the said boundary line, who may recover the same with 
costs of suit as aforesaid. 

§ 14. The said proprietors, or a majority of them, shall meet To elect syn- 
at the house of Madame Page, in Vincennes, on the first Monday 
in November next, and on the first Monday of Movember, 
annually thereafter, at such house, or place in Vincennes, as the 
Syndic shall appoint, and elect one of the said proprietors, to be 
Syndic of the field, for one year, from the day of the said respec- 
tive elections. The president of said meeting shall within one day To be noti- 
thereafter, notify the same to the person so elected, which notifi- 
cation, either verbally, or in writing, shall be deemed sufficient 
notice of his appointment. And if the person so notified shall Penalty on 
refuse or neglect to accept of the appointment of Syndic, it shall 
be lawful for the 

Ss 

( 508 ) 

said president, at any time after such refusal or neglect, to de- 
mand and receive from such person the sum of ten dollars, with 
costs of suit, in any court, or before any magistrate in the said 
county, which sum so recovered, shall be disposed of by the said 
proprietors in charitable or other uses. And the payment of such 
sum, with costs, shall be deemed equivalent to the occupation and 
service of such appointment, and exonerate the person paying 
the same from serving as Syndic, until by rotation it shall again 
become his duty to serve in the said capacity. And the president 
upon satisfactory evidence of the refusal of acceptance, absence 
or death, of the person so appointed, shall give notice thereof, as 
the case may be to the said proprietors, that they may as afore- 
said, proceed on such a day as he shall appoint, to elect a successor. 
so that a vacancy may not continue longer than three days, after 
failure in any of the said cases. 

§ 15. The Syndic shall at each and every season he exer- Take oath 
cises any of the duties enjoined, take an oath before any magis- 



How appro- 
priated. 



In case 
refusal. 



of 



586 



ILLINOIS HISTORICAL COLLECTIONS 



Apportion 
fence. 



Give notice. 



To erect 
gates &c. 



Penalty on 
leaving 
gates open. 



Dike when 
where and 
how made. 



trate in the said county, faithfully and impartially to discharge 
the duties enjoined him by this law. 

§ 16. The Syndic shall ascertain as in this law is prescribed, 
the proportion of the said fence, which each and every proprietor, 
resident or non resident, shall make and maintain, designate the 
place where it shall be erected, the materials of which it is to be 
made, and the height thereof according to this law, and notify 
the same to each and every of the proprietors, resident, and to 
the representatives, if any there be, of all 

(509) 

non resident proprietor or proprietors, within three days after 
his appointment, as aforesaid. 

§ 17. That until the proprietors, or two thirds of them shall 
consent, and make a line of fence on each side of the road, re- 
cently laid out through their said lands, by authority of the United 
States, two gates shall be made and erected, by subscription, under 
the direction of the first Syndic, one on the line of the said fence, 
where the said road enters the said enclosure, near the town of 
Vincennes, and the other, where the said road crosses the line of 
the said fence, on the southwestward boundary thereof. 

§ 18. That any proprietor, or other person, who shall leave 
both, or either of the said gates open, shall be deemed a trespasser, 
and shall pay one dollar, with costs of suit, to any person who 
will sue for the same, before any magistrate in the county, and 
moreover shall be, and is hereby declared to be liable to each and 
every proprietor, or person cultivating or possessing land within 
the said fence, for any damage or injury, he she or they may 
suffer thereby, with costs, in any court, or before any magistrate 
in the said county, as the case may be. 

§ 19. That it shall be lawful for the proprietors, or a major- 
ity of them, on or before the last day of October, one thousand 
eight hundred and eight, to make, and ever after maintain a dike, 
or embankment, eight feet wide, at the base, two feet high on a 
level, and six feet wide on the top, as near the brink, of the high 
bank of the river Wabash, as may in the opinion of the supervisors 
thereof be most convenient, to 



PRIVATE ACTS, 1807 587 

( 510 ) 

extant, of the said dimentions, from the boundary of the town lot 
of the heirs of Chapard, along the meanders or sinuosities of the 
bank of the said river, to the aforesaid boundary line of Bray's 
land ; and thence over the most advantageous ground, to the nearest 
highland, so as to bank out the water of the said Wabash, to the 
southerly bend of the grand Caulee. 

§ 20. That the said proprietors, or a majority of them, shall Elect superv 
meet as aforesaid on the first Monday of October, one thousand 
eight hundred and eight, and on the first Monday of October, 
annually thereafter, and elect one or more proprietor or proprie- 
tors, to be supervisors of the dyke or embankment, for one year 
from the day of the said elections respectively, in the same manner, 
and subject to the same penalties, as are herein before prescribed, 
in the case of Syndics of the field. 

§ 21. That it shall be the duty of every supervisor, to appor- To appom. 
tion the labour to be performed in making and maintaining the ®" 
said dike, or embankment, among the said proprietors, in pro- 
portion to the number of acres, or parts of an acre of land, in 
front which each may claim within the said fence, and to notify 
the same ; the place where, the carriages, implements, and tools, 
wherewith the said labor is to be performed, and the dimensions 
of the said embankment, or dike, to each and every of the said 
proprietors, at such time and times, and on such day or days, 
after the said last Monday in October, one thousand eight hundred 
and eight, as in the opinion 

(511) 

of the said supervisor, such labour shall become expedient. 

§ 22. That if any proprietor or proprietors, who shall refuse 
or neglect to perform his her or their proportion of labor in Penalty on 
making the said dike embankment, for one day subsequent to the 
notification of the supervisor, it shall be lawful for the said surper- 
visor, forthwith to perform or cause to be performed, the part 
of the labor making and maintaining the said dike or embankment, 
which such proprietor or proprietors, neglect or refuse to perform, 



588 



ILLINOIS HISTORICAL COLLECTIONS 



Supers, their 
power &c. 



Road opend. 
and how. 



Penalty on 
neglect. 



Repealing 
clause. 



Pld. genl. 
issue. 



at the proper charge and expence of such delinquent or delin- 
quents, which expences with costs of suit the said supervisor is 
hereby authorised and empowered to recover of every such de- 
linquent in any court or before any magistrate in the county 
aforesaid, as the case may be. 

§ 23. That the said proprietors and supervisors shall have 
full power and authority on any unimproved grounds adjacent 
to the said dike or embankment, to dig any earth, gravel, clay, or 
stones, to cut down any trees, woods or copses, or bush, which 
may be found growing in the direction of, or near the dike or 
embankment, as he, she or they may find necessary for the purpose 
aforesaid. Provided, the same be done with as little damage to the 
owner or owners of such land as may be. 

§ 24. That on or before the first day of January one 
thousand eight hundred and eight, each and every proprietor of 
land within the said field, shall open and clear a road twenty feet 
wide, across his, her or their land, in front between the fence 

(512) 

and the embankment aforesaid ; and until the said first day of 
January one thousand eight hundred & eight, the road leading 
from the town to the lower end of the said prairie now used and 
traveled, called the lower road, shall be and remain common, any 
thing in this law to the contrary notwithstanding, and if any 
proprietor or proprietors as aforesaid shall refuse or neglect to 
open and clear, his, her or their part of the road before mentioned, 
it shall be lawful for the Syndic, to open and clear, or cause to 
be opened and cleared, the part of every such delinquent, at the 
expence of, and to recover the value thereof from each and every 
such delinquent as is herein in other cases mentioned. 

§ 25. That all acts and parts of acts, heretofore made, and 
in force in the territory, which may countervene or impair 
this law or any section, provision or clause thereof, be, and the 
same is hereby declared to be repealed. 

§ 26. That if any action or suit shall be brought or instituted 
against any proprietor or other person for any act or thing done 
or committed, by him, her or them, in pursuance of this law, such 



PRIVATE ACTS, 1807 



589 



Syndc to vi- 
sit and repair 
fence. 



proprietor or other person shall and may plead the general issue, 
and give this act, and the special matter in evidence. 

§ 27. That the lands within the said boundary line of absent Dike to be 
or resident non cultivating proprietor or proprietors who shall ^^^ ^ 
not by him, her or themselves or some person or persons for them, 
perform his her or their part of the labor in making and main- 

(513) 

taining the said dike as herein directed, may be leased by the 
supervisor on the same terms, manner and conditions as are herein 
before directed and prescribed in the case of the fence. 

§ 28. That it shall be the further duty of the Syndic, at least 
once in every week, and oftener if circumstance should make it 
necessary, during his continuance in office, carefully to examine 
the state of the fence, and if he should find or learn that in any 
part thereof repairs ought to be made, he shall forthwith give 
notice to each and every proprietor, whose part of the said fence 
may in his opinion be out of repair, and each and every proprietor 
or proprietors, lessee or lesees, who shall fail after such notice, 
forthwith to repair his, her or their part, agreeably to this law, 
shall pay to the said Syndic, the charge of repairing the same, 
with costs of suit, which the Syndic is hereby authorised and re- 
quired to perform or cause to be performed without delay ; and if 
the Syndic for the time being refuse or neglect to perform his Penalty, 
duty, he shall and hereby is declared to be liable to each and every 
proprietor or lessee for all loss, damage or injury, which he, she 
or they may suffer by reason of such neglect or refusal, to be 
recovered as in other cases is hereby provided. 

It shall be lawful for all or any of the said proprietors to 
erect a gate in the line of the said fence at the end of his or their 
land or where the United States road crosses the same for his, 
her or their convenience. If any horse or horses cattle or other 
creature shall enter into the said field by any of the 

(514) 

said gates, and damage or injury shall thereby accrue to any pro- 
prietor or other person, the owner of the gate through which 



Propri. may 
erect gate, 
but liabie &c 



590 



ILLINOIS HISTORICAL COLLECTIONS 



Have re- 
course. 



Fines how 
disposed of. 



Take oath 



Preamble. 



such creature or creatures shall have entered shall be, and hereby 
is declared liable to pay therefor, to the person or persons injured, 
in the same manner as is herein provided in other cases of trespass. 
But such proprietor shall have his or her remedy, over against 
any person or persons, other than his, her or their own family 
who shall or may occasion such damage by opening the said private 
gates, and thereby permitting the said creature or creatures to 
enter into the said field. 

§ 29. That all and every fine or sum of money which shall 
be levied and paid to the Syndic or supervisor by virtue of this 
law, not otherwise appropriated shall be accounted for by them 
respectively to the proprietors at the meeting first succeeding the 
reception thereof, and shall be disposed of as they or a majority 
of them who may attend shall direct. 

§ 30. That each and every supervisor appointed as afore- 
said, before he enters upon the duties of his appointment; shall 
take an oath before any magistrate in the county, 

(515) 

faithfully and impartially to discharge the duties by this law en- 
joined. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XCI. 

AN ACT to prevent the disposing of Arms, and other Warlike Implements, 
and Ammunition to Indians and others. 

WHEREAS it has been represented to the General Assembly, 
that there is reason to expect hostilities from some of the neigh- 
bouring tribes of Indians, whilst others, more contiguous, seem 
disposed to preserve the friendship of the United States : And 
whereas, The laws of the United States, do not prevent the sale 



INDIANS, 1807 



591 



of arms and ammunition to the peaceful tribes or others within 
the settled parts of the country, through which, those that may 
prove hostile, may procure the same. 

§ 1. BE it therefore enacted by the Legislative Council and 
House of Representatives, and it is hereby enacted by the author- 
ity of the same. That the Executive of the Territory for the time 
being, be, and he is 

Tt: 

(516) 

hereby authorised and empowered by proclamation to prohibit the 
furnishing by sale, gift, or otherwise, all, & every species of war- 
like weapons, and impliments ; ammunition or warlike stores, to 
any Indian or Indians, dwelling within, or without the limits or 
lines of the several counties in this Territory, when in his opin- 
ion the publick welfare and safety may require such prohibi- 
tion. 

§ 2. And be it further enacted, That any person or persons, 
who shall directly or indirectly, by gift, present, donation, loan, 
sale or otherwise furnish and provide, or have furnished and 
provided any Indian or Indians, with any article of ammunition, 
such as flints, powder, lead or balls, or with any warlike impliments 
or deadly weapons, such as knives, spears, battle axes, tomehawks, 
pistols, fusils, rifles, smooth bores, or muskets, contrary to 
the proclamation of the Executive, as aforesaid, every person or 
persons, so offending, shall, upon conviction by indictment or 
presentment, in any court of record in this Territory, be fined in 
any sum not exceeding one thousand dollars, be whipped publickly, 
any number of stripes, not exceeding one hundred well laid on, 
and be imprisoned for a term not exceeding five years, at the 
discretion of the court before whom the same may be tried, and 
moreover, shall stand committed, after having received the stripes, 
until the fine and costs be paid. 

This act shall take effect from and after the passing thereof, 
and shall continue in 



Executive 
prohibit fur- 
nishing arms 
to Indians. 



Persons vio- 
lating how 
punished. 



How long in 
force. 



592 ILLINOIS HISTORICAL COLLECTIONS 

(517) 

force until the end of the next session of the General Assembly. 

JESSE B. THOMAS, 
Speaker of the House of Representatives, 
B. CHAMBERS, 

President of the Council. 
Approved — September 17th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XCn. 

AN ACT for Levying and Collecting a Tax on Land and for other purposes. 

Crt. C. P. to § 1- BE it enacted etc. That the courts of Common Pleas 

appt. an as- Qf ^|^g several counties in this Territory, shall within fifteen days 
sessor. 

after the first day of January next, and within fifteen days after 

the first day of January quadrennially thereafter, or at any special 
court by them to be appointed for that purpose, which they are 
hereby authorised at any time to hold, shall appoint an Assessor 
for the purposes hereafter mentioned, each of whom shall, before 
they begin the duties of their respective office take and subscribe 
Assessor to the following oath or affirmation, before any Judge or Justice 
of the said county, viz. 

'T do swear or affirm, as the case may be, that as 

Form. Assessor for I will to the best of my skill and judg- 

ment, deligently and faithfully execute the duties 

(518) 

of the office without favor, affection or paniality, and that I will 
do equal right and justice, to the best of my knowledge and under- 
standing, in every case in which I shall act as Assessor, — So help 
me God." 
Keep copy & A certificate of which oath or affirmation shall be delivered 

to clk"^ c"p *° ^^^ Assessors, respectively, and a copy thereof transmitted 
without delay to the Clerk of the court of Common Pleas of the 
county, to be by him filed in his office ; in the case of the death, 
Death &c of refusal to act, resignation, or removal from the countv of the said 

3.SS6SSOr suo* 

plied by C P Assessor, the said court of Common Pleas, shall, as soon as may 



TAXATION, 1807 



593 



be thereafter, at any special court to be held for that purpose, 
appoint a person to supply such vacancy, who shall take and sub- 
scribe the same oath or affirmation as the case may be, as by this 
act is directed to be taken and subscribed by each Assessor : Pro- 
vided always, That no Sheriff, or deputy Sheriff of any county, 
shall be eligible to exercise the duty of Assessor under this act. 

§ 2. It shall be the duty of the Auditor, and he is hereby 
authorised and empowered to apply for, and procure from the 
proper offices, an abstract of all the entries and locations, and 
purchases made by individuals from the United States of lands 
in the several counties in this Territory, noting where, and on 
what creeks, water courses, &c. such entries and locations, and 
purchases have been made, with the name of the persons for whom 
entered and located, and by whom purchased from the United 
States ; and it shall be the duty of the Auditor to transmit the said 
abstracts of entries and lo- 

(519) 

cations of lands to the Clerks of the respective counties, by the 
first day of January next, and the first day of January, quadren- 
nially thereafter ; which Clerks shall deliver the said abstracts to 
the respective Assessors, as soon as appointed. 

§ v3. The said Assessors in the several counties shall, and they 
are hereby empowered and required as hereinafter mentioned, to 
receive from each and every person and persons, residing in the 
several counties, and owning lands in the same counties, a list 
under oath, v>'hich the Assessor is hereby empowered to administer, 
of his, her, or their name or names, and of the lands which he, she 
or they claim in the said county, either by patent, entry, deed of 
conveyance, bond for conveyance, or other evidence of claim or 
purchase from the United States, which the Assessor shall set down 
in writing, and thereupon the said Assessor shall make a valuation 
of each tract of land per hundred acres, according to the quality of 
the soil, and its relative situation, which he at the same time shall 
signify to the land holders, but in making such assessment and val- 
uation houses, barns, and other improvements shall be excluded. 



Successor to 
take oath. 



Shff . cannot 
be assessor. 

Auditor pro- 
cure abstract 
of entries &c 



Deliver same 
tg elks. C P 

To be deld. 
to assessors. 



Assess, to re- 
ceive list un- 
der oath, of 
lands. 



Assessor set 
down in wri- 
ting to make 
valuation in- 
forming ow- 
ner thereof. 



594 



ILLINOIS HISTORICAL COLLECTIONS 



Assessor to 
adv. for mee- 
ting take list. 



Persons to at 
tend. 



Assessor may 
receive list af 
ten 



Owner fail- 
ing, asser. to 
list. 

For frandu 
lent list or 
failing to list 
fined. 



Non-residt. 
lands to be 
listed. 



Case neglect 
assesr. to list. 



§ 4. The said Assessor shall advertise at the county town, 
and also in the most publick place in each and every township in 
their counties, that he will attend at a convenient place therein to 
be mentioned, and as near as may be, to the centre of population 
in such township, not within twenty days of such advertisement, 
in order to receive of each person resident in said township, a 
list of all the lands which such per- 

( 520 ) 

son owns, by any, or either of the ways before mentioned, in the 
said county, and the said persons are hereby required to attend 
at such time and place in their respective townships therefor ac- 
cordingly. 

§ 5. In case any such inhabitant shall not attend at the time 
and place notified by the assessor, to give in a list of his or her 
taxable lands in the said county as above mentioned, it shall and 
may be lawful for the assessor to receive his or her list at any time, 
provided such person tenders such, his or her list and makes oath 
to the justness of it within ten days thereafter, and in case of 
failure, the said assessor shall proceed to list such person or per- 
sons lands in the said county, agreeably to the best information he 
may possess. 

§ 6. If any inhabitant shall neglect or refuse to render such 
account, or shall render a false or fraudulent account, he shall 
be fined to the use of the territory in any sum not exceeding fifty 
dollars, with costs, to be recovered in any court having competent 
jurisdiction by action of debt in the name of the assessor. 

§ 7. If any non resident claiming lands in this territory, 
either by entry, patent, deed for conveyance, bond for conveyance, 
or other evidence of claim, his or her agent or attorney, shall neg- 
lect or refuse to list his or her lands with the assessor of the county 
where such lands may have been entered and located, before the 
tenth day of March next, and the tenth day of March, quadrennially 
thereafter agreeably to the requisitions of this act, then the asses- 
sor shall immediately proceed to list 



TAXATION, 1807 



595 



(521) 

and make a valuation of the lands of such non residents, that may 
be in his county in the manner required by the third section in 
this act. 

§ 8. The said assessors respectively shall on or before the Assesr. make 
first day of April next and the first day of April quadrennially 
thereafter make a fair list of all the lands in their respective coun- 
ties in the form following. 



Persons names in alphabetical order. 



Date of receiving. 



Quantity. 



Water course. 



By what title. 



Valuation per hundred acres. 



Amount of tax 



H 
o 



Form. 



Which list they shall deliver to the Clerks of the respective Deliver to 
courts of Common Pleas, on or before the last day of April, and *^^^* ^ ^ 
the last day of April, quadrennially thereafter. 



596 



ILLINOIS HISTORICAL COLLECTIONS 



Crt. C P to 
meet. 



Clks. lay be- 
fore them list 



Crt. to hear 
complts. &c. 



Abstracts be- 
ing corrected 
elks, make 2 
copies. 

How dispos- 
ed of. 



Orig. cert, 
by crt. kept 
in office. 



Penalty on 
assesr. for ne 
gleet 

Penalty on 
elk. for ne- 
glect. 



Use of tery. 



Compensati- 
on to elk. 



§ 9. The Judges of the court of Com- 

(522) 

mon Pleas, or any two of them shall assemble at the court house 
of their proper county on the first Tuesday of the month of May 
next, and the first Tuesday of the same month quadrennially 
thereafter, and the Clerks shall lay before them the said abstracts 
of assessment and valuation of lands so made by the said Asses- 
sors, in manner and form aforesaid ; and the said Judges shall, 
and they are hereby empowered and authorised to hear any com- 
plaints of improper or partial assessment or valuation of lands, 
which may have been made by the said Assessors, and to make 
such alterations therein as they, or a majority of them, shall think 
reasonable and just. 

§ 10. When the abstract of assessment for the respective 
counties, shall be thus revised and corrected, the Clerks of the 
said courts, shall make out two fair and correct transcripts thereof, 
one of which they shall deliver to the Sherififs of the respective 
counties as Collectors therein by the ISth day of May next, and 
the fifteenth day of May, quadrennially thereafter, and the 
other they shall regularly transmit to the Auditor of the Ter- 
ritory, within two months thereafter, and the original abstract 
with such alterations and corrections as may have been made by 
the said Judges, certified by the said Clerks, shall by them be 
filed in their respective offices. 

§ 11. If any Assessor shall neglect or refuse to perform the 
service and duty required by this act, he shall for every such 
neglect or refusal, be fined in any sum not exceeding three hundred 
dollars ; and if any Clerk, shall neglect or refuse to perform the 

( 523 ) 

service and duty by this act required, he shall for every such neg- 
lect or refusal, be fined in the sum of one hundred dollars, which 
fines shall be recovered with costs, by information or indictment, 
to, and for the use of the territory. 

§ 12. The said Clerks shall receive for the performance of 
the duties required herein, the sum of twelve dollars, to be paid 
out of the territorial treasury. 



TAXATION, 1807 



597 



Compensati- 
on to assesr. 



Quadrenl. as 
sessmts. and 
valuation. 



Auditor pro- 
cure list 



Forward 'em 
to shff. 

Shffs. make 
ann. adtons. 



§ 13. The Assessors respectively shall for each tract they 
may list or assess, receive five cents, to be paid out of the terri- 
toral treasury. 

§ 14. The said rate or assessment so made on the lands in 
this territory shall continue to be the valuation thereof for four 
years thereafter without any other or further assessment or val- 
uation, when a new valuation shall be made in manner before 
mentioned. 

§ 15. The Auditor shall annually, and every 3'ear, by the 
first day of January procure from the proper officers an abstract 
of the lands bought by individuals from the United States, noting 
therein the range, township, section or quarter sections thereof 
which abstract he shall without delay forward to the Sheriffs of 
the several counties who shall annually add such lands to their 
assessments of the former year, and rate the same at two dollars 
per acre, and the Auditor shall in his books charge the said Sheriffs 
respectively, with the additional amount of taxes due on such 
lands at the rate aforesaid. 

§ 16. All the lands in this territory, shall 

Vv 

( 524 ) 

be assessed at the rate of twenty cents for every hundred dollars 
of the value thereof, estimated in the several manners before 
mentioned. 

§ 17. The Sherififs of each county shall, by the fifteenth day 
of July, annually, demand payment of the taxes, or sum assessed 
on each inhabitant in his county, in person, or by notice in writing, 
left at his or her usual place of residence. 

§ 18. In case of non payment of taxes by the time appointed, 
it shall be the duty of the Sheriff to levy and collect the tax so 
in arrears, by a sale at the court house door of his county, of the 
tract of land for which the said tax shall be in arrear, or so much How laid off 
thereof as will bring the tax due thereon, to be laid off in form of 
a square or parallelogram, in some corner of the tract designated 
by the Sheriff at the time of sale : Provided always, That if the 



Demand 
paymt. &c. 



Sell land af- 
ter adv. 



598 



ILLINOIS HISTORICAL COLLECTIONS 



How land re 
deemed. 



Shff. notify 
judge C P of 
sale. 



Compensati- 
on to judge. 



Shff. after 
sale make re- 
turn to elk. 
C P &c. 



Penalty for 
fraud or ne- 
glect. 



Shff. adv. be 
fore sale. 



owner of any tract, or tracts of land, for which the said tax shall 
be in arrear, or any person for him, shall on the day on which the 
said land shall be advertised for sale, as hereafter mentioned, 
tender and deliver to the Sheriff at the place of sale, as hereafter 
mentioned, goods and chattels sufficient to make the said tax, so 
in arrear, then the said Sheriff" shall not sell the said land, or any 
part thereof, but shall make, and levy the said tax in arrear by a 
publick sale of such goods and chatties, rendering the overplus, 
if any, to the owner of such land, or such person for him. 

§ 19. It shall be the duty of the Sheriff to give notice of the 
time and place of the 

( 525 ) 

sales of the land for the non payment of taxes, to one of the 
Judges of the court of Common Pleas of the county in which the 
land lies, at least ten days before said sales, and it shall be the 
duty of the said Judge to superintend the said sales, and prevent 
any fraud or collusion in the same; the said Judge shall receive 
for each days attendance two hundred cents, to be laid on the land 
sold by the Sheriff and collected by him, and paid to the said 
Judge. 

§ 20. Every collector making such sale as aforesaid, shall, 
within twenty days thereafter, make return thereof to the Clerk 
of the court of Common Pleas of the county, where the said lands 
may lie, in which return he shall particularly state every circum- 
stance and expence attending the same, and if any Sheriff shall 
fail to make said return, or shall charge other, or greater fees, 
either for himself or the Judge, than allowed by law, he shall be 
liable to be fined the sum of thirty dollars, to be recovered by 
motion, in said court, by the party grieved. 

§ 21. Prior to any sales being made of the lands either of 
residents or non resident delinquents, the Sheriff shall give at 
least forty days notice, by advertising at the county seat, and in 
some publick news-paper, either in the Territory, or in the states 
of Kentucky, and Ohio, on the most reasonable terms he can for 
three several times, of the time and place of such sale. 



TAXATION, 1807 



599 



§ 22. It shall be the duty of the Sheriff to receive any arrear- May receive 
ages of taxes, at any time before the sale commences : Provided ^^ saie 
such delinquent pays him the additional sum of five cents per 
tract for his own use. 



( 526 ) 

§ 23, Where any tract of land is not sold as aforesaid, for 
the want of buyers, it shall be the duty of the Sheriff to advertise 
as aforesaid, and expose the same to sale at each successive court 
of Common Pleas, until the land shall be sold, or the tax thereon 
with costs be paid. 

§ 24. When any lands are sold as aforesaid, it shall be the 
duty of the Sheriff to give the purchaser or purchasers, a certificate 
of the tracts or parts of a tract of land sold, and for what sum, 
which certificate shall vest all right, title and interest of the pro- 
prietor, in the purchaser and his heirs, (subject to the proviso of 
redemption hereafter mentioned) but it shall not be lawful for the 
Sheriff, or his deputy, directly or indirectly, to purchase any land 
or lands, sold under the authority of this act. 

§ 25. Provided always, And it is hereby declared and enacted, 
that when any lands have been or in future may be sold for the 
non payment of taxes, whether belonging to a resident or non 
resident, it shall and may be lawful for any of the said persons 
within the period of two years from the time of the sale, of such 
land to redeem the same by paying the purchase money, with one 
hundred per cent per annum thereon, and upon tender of the said 
purchase money with interest, within the aforesaid period to the 
said purchaser or his agent, if either of them live within the county 
in which the land lies, but if not, then he or she shall by adver- 
tisement in some public newspaper in this Territory, if one is 
published therein, if not, in some newspaper nearest to the place 
where the land lies, at least for the 

( 527 ) 

space of three weeks, appoint a time, when he, she or they will 
attend at the clerks office of the county in which the said land 
lies, where the said purchase money and interest will be tendered 



Land unsold 
again adv. 



Give pxircha. 
ser certiiicte. 



No shff to 
purchase. 

Land sold, 
when & how 
redeemable. 



If purchaser 
not found 



owner to adv 
Appoint time 
to attend. 



600 



ILLINOIS HISTORICAL COLLECTIONS 



Title become 
void. 

lodge money 
in. elks, hand 



Lien from 
time of assess 
ment. 

Transfers en 
tered with 
clerk. 



Clk. keep 
trans, book 
&c. 



Shff. pay o- 
ver tax. 



Trea. recpt. 



Shff. receive 
per cent. 



Aud. publish 
extracts, &c. 



and paid if the purchaser or his agent will attend to receive it, 
the said advertisement to be published at least six months before 
the expiration of the said two years, and if neither the purchaser 
nor his agent will attend at the time and place mentioned in the 
aforesaid advertisement, then his title shall be vacated and become 
void. 

Provided, That if the said purchaser shall fail to attend to 
receive the same, it shall and may be lawful for the said owner 
or proprietor, his agent or attorney to deposit the same in the 
hands of the Clerk of the Common Pleas of the said county for 
the use of the said purchaser, taking a receipt from the said Clerk 
therefor. 

§ 26. From the time of assessment the territory shall have 
a lien on any tract of land for the taxes due thereon, which shall 
remain until the taxes are paid. 

§ 27. When any non resident may have transfered, or 
may hereafter transfer his or her claim to land in this Territory, 
it shall be lawful for his or her sub-claimant, agent or attorney, 
to enter the same within the time prescribed, for listing lands by 
this act with the Clerk of the court where the lands lie, who shall 
keep a book for that purpose, and such person shall be chargeable 
with the' taxes on such lands thereafter ; each person having such 
transfer made shall pay the clerk six cents for his own use. 

§ 28. It shall be the duty of the sheriff to pay 

( 528 ) 

the tax money which he shall have received, to the treasurer of 
the territory, by the thirteenth day of November every year, and 
for the monies so paid the treasurer shall give a receipt, which 
shall be a sufficient voucher, and exonerate and discharge the said 
sheriff for the amount therein contained. 

§ 29. The sheriff shall have seven per cent upon all monies 
which he shall collect under the authority of this act, to be dis- 
counted with him by the treasurer of the territory. 

§ 30. It shall be the duty of the auditor to publish such 
extracts from this law as relates to the time and manner of listing 
lands in this territory, belonging to, or claimed by non-residents. 



TAXATION, 1807 



601 



Certified and 
recorded. 



and also the times and manner of paying and collecting the taxes 
in one newspaper within this territory for three weeks to com- 
mence on the first week of Mkrch next, and the expences thereon, 
shall be defrayed out of the treasury of the territory, provided 
the same does not exceed one dollar per square. 

§ 31. The several assessors of each county, shall give bond Assessor give 
to the court of Common Pleas, with one or more sureties to be 
approved of by the said court in the sum of five hundred dollars 
for the use of the territory, conditioned for the faithful perform- 
ance of the service and duty of the assessors, as required by this 
act, which bond, the due execution thereof being proved before 
and certified by a Judge of the county wherein it may be executed, 
shall be recorded in the office of the secretary of the territory, and 
copies thereof legally exempli- 

( 529 ) 

fied by the said secretary, shall be legal evidence in any court of 
law, in any suit against such assessor and his securities. 

§ 32. Each sheriff shall give bond in the sum of three 
thousand dollars with similar sureties for the same purpose and in 
like manner, as is provided for in case of assessors in the preceding 
section, and the said bond shall be authenticated in the same man- 
ner and for similar purposes as is before provided for in case of 
assessors. 

§ 33. If any or either of the days before mentioned as afore- 
said shall fall on Sunday, the duties required to be performed as 
aforesaid, on any or either of the said days, shall commence on 
the day following. 

§ 34. All and every person or persons in this territory, who 
shall erect or keep a billiard table within the same, shall annually 
on the first day of January or within one week after erecting 
such billiard table, enter the same with the sheriff of the respective 
counties, and it shall be the duty of such collector, at the same 
time and in the same manner as is pointed out by this law to col- 
lect the tax on land to receive & collect from each person having 
entered such billiard table, the annual sum of fifty dollars to be 



Shff. give 
bond. 



Duty fallg. 
on Sunday be 
performed 
next day. 



Billd. tables 
to be enterd. 
Taxed, 



602 



ILLINOIS HISTORICAL COLLECTIONS 



Neglect to 
enter fined. 



Shff. make 
sale of goods 
&c. giving 
notice. 



Lien on table 

Audited ac- 
counts reed, 
by sheriff. 



Repealing 
clause. 



Preamble. 



paid and accounted for by the said collector in the same manner 
as the other revenue taxes are accounted for. 

§ 35. If any person or persons who shall so keep or erect 
any such biliard table shall neglect or refuse to enter the same with 
the said sheriff in the time before mentioned, he or she so offend- 
ing, shall on conviction by by presentment or indictment, be fined in 

(530) 

any sum not less than fifty dollars nor more than one hundred 
with costs. 

§ Z6. In case of non payment of the said tax, on the day 
whereon the same ought to be paid, the Sheriff shall levy the same 
by distress and sale of the delinquents goods and chatties, having 
previously given ten days notice of the time and place of such 
sale, and the territory shall have a lien on the said Billiard table, 
for the said taxes ; all audited accounts against the territory, shall 
be received by the Sheriffs as Collectors in payment of taxes. 

§ Z7. All laws and parts of laws, coming within the purview 
of this act, shall be, and the same are hereby repealed. 

JESSE B. THOMAS, 
Speaker of the House of Representatives, 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XCIII. 

A RESOLUTION concerning the Collection of certain Land Tax in the 
County of Dearborn. 

WHEREAS the Assessor of land for the county of Dear- 
born, has assessed the lands of several persons in the said county, 
for the tax due and payable for the year one thou- 

(531) 

sand eight hundred and six, who at the time of such assessment 
made, had not purchased the same from the United States : and 



APPROPRIATIONS, 1807 



603 



some of the said persons have paid the tax assessed on them, to 
the Collector. 

RESOLVED therefore by the Legislative Council and House 
of Representatives, That the Collector of the land tax, for the 
said county of Dearborn, reimburse all those persons, who, (ac- 
cording to the abstract furnished by the Auditor to the Assessor 
of the said county, purchased their lands from the United States, 
after the twelfth day of February, one thousand eight hundred and 
six) have paid the taxes on such lands so improperly assessed, 
for the year one thousand eight hundred and six, the whole amount 
thereof by him received; and that the said Collector do desist 
from further proceeding in the collection of the tax from those 
persons who were not owners of their said lands prior to the said 
twelfth day of February of that year. 

Resolved also, That the Treasurer of the Territory, in set- 
tling the accounts of the said Collector, do give him credit for 
the said amount, reimbursed, or defalked, in 

Ww 

( 532 ) 

conformity to the provisions of this resolution. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 



Collector to 
repay taxes, 
to certain 
persons. 



And desist 
from collect! 
on of other 
similar taxes 



Treasnrer to 
give credit. 



CHAPTER XCIV. 
AN ACT allowing Compensation to the Members of the Legislative Council 
and House of Representatives of the Indiana Territory, and to the 
Officers of both Houses for the present Session. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That each and every member of the Legislative Council, Compensat- 
and House of Representatives, shall be entitled to, and receive out |,°^^*° ™^"^" 



604 



ILLINOIS HISTORICAL COLLECTIONS 



Specific ap- 
propriations. 



Compensation 
on L C cer- 
tified by Pre 
sident 



To H R by 
speaker. 



Andited by 
anditor. 



of the Territorial Treasury, upon the certificate of the Auditor, 
for each and every days attendance on the Legislature at the 
present session, the sum of two dollars, and shall moreover be 
allowed the sum of two dollars for every twenty miles travel, to, 
and from the seat of Government, to their places of residence by 
the most usual road. 

§ 2. Be it further enacted, That the 

( 533 ) 

Clerk of the Legislative Council, and that of the House of Rep- 
resentatives, shall in like manner receive for their respective ser- 
vices at the present session, the sum of three dollars and fifty cents 
each per day. 

§ 3. Be it further enacted, That the door keeper of both 
houses at the present session shall in like manner receive the sum 
of one dollar and fifty cents per day, for each and every days 
attendance on the two houses as such door keeper. 

§ 4. And he it further enacted. That the compensation which 
shall and may be due to the Members and Officers of the Legisla- 
tive Council, shall be certified by the President thereof ; and that 
which shall and may be due to the Members and Officers of the 
House of Representatives, as also the Door Keeper, shall be cer- 
tified by the Speaker thereof, which certificate shall be to the 
Auditor sufficient evidence of claim, and he shall thereupon issue 
certificates to the several Members and Officers, aforesaid, pay- 
able at the treasury of the territory, as in other cases. 

JESSE. B. THOMAS, 
Speaker of the House of Representatives, 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 



Specific ap- 
propriation. 



(534) 
CHAPTER XCV. 



RESOLVED by the Legislative Council and House of Rep- 
resentatives, That John Rice Jones and John Johnson, be allowed 



APPROPRIATIONS, 1807 



605 



mittee. 



twelve dollars each, for superintending the printing of the Laws 
passed at the last Assembly, and distributing the same to the dif- 
ferent counties. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XCVI. 

A Joint RESOLUTION of both Houses. 

RESOLVED, That John Rice Jones and Genl. W. Johnston Duty of com 
be a Committee to make an Index to the Revised Code and the 

( 535 ) 

Laws passed at this Session of the Legislature, and also Marginal 
Notes. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 

CHAPTER XCVIL 

AN ACT Making appropriations for the ensuing year. 

§ 1. BE it enacted by the Legislative Council and House 
of Representatives, and it is hereby enacted by the authority of 
the same. That the sum of one thousand dollars shall be and the 
same is hereby appropriated for contingent expences, and that all 
the monies which shall be received into the territorial treasury, 
except as above appropriated for contingent expences, shall be a 
general fund for all monies allowed by law, which shall not be 
directed to be paid out of the contingent expences. 

§ 2. Be it further enacted. That there shall be allowed and 
paid to the printers for the Territory for printing five hundred 



Contingent 
fund. 



General fund. 



Appropria- 
tion to prin- 
terSi &c. 



606 



ILLINOIS HISTORICAL COLLECTIONS 



Residue snb- 
ject to order 
of govr. & 
committee. 



Make state- 
ment to next 
session. 

Specific ap- 
propriations. 



copies of the revised code, and the acts passed at the present 
session, and two hundred copies of the journals of both houses 
of the legislature of the present session, a sum not 

(536) 

exceeding five hundred and fifty dollars, to be paid out of monies 
allowed for contingent expences ; the residue or so much thereof 
as may be necessary of monies allowed for contingent expences, 
shall be subject to payment of monies on the order of the gover- 
nor for expresses and other incidents which may be necessary and 
cannot be foreseen by the legislature, and to the order of the joint 
committee of both houses for the distribution of the journals and 
laws, of the Territory, a statement whereof shall be severally by 
the said governor and the said committee, laid before the legisla- 
ture at their next session. 

§ 3. And he it further enacted, That there shall be allowed 
and paid out of the general fund, to the following persons the 
following sums of money, to wit : 

To the territorial auditor one hundred and fifty dollars : 
To the said auditor for stationary seven dollars and ninety 
one cents, as a full compensation for his services, and for a case 
which he is hereby directed to procure, to contain the territorial 
papers and books and for the necessary stationary for the use 
of his office: 

To the territorial treasurer one hundred dollars : 
To each of the clerks employed by the territorial auditor to 
assist him in making out the abstracts of land for the counties 
of St. Clair and Randolph for the present year, twenty dollars : 

To Charles Kilgore, register of the land office at Cincinnati, 
state of Ohio, for making out the list of lands from his office for 

( 537 ) 

Specific ap- ^^^^ present year, seventeen dollars and fifty cents : 
propriations To Michael Jones register of the land office for the district 

of Kaskaskia for making out the abstracts, lists, and returns of 



APPROPRIATIONS, 1807 607 

lands in the counties of St. Clair and Randolph, for the present 
year, one hundred and four dollars and eighty cents : 

To the county of Knox for house rent to the end of the 
present session of the legislature, fifty dollars ; 

To messrs. Bullitt and Smith for stationery furnished at the 
present session, twenty one dollars and ninety six cents. 

To messrs. John Rice Jones and John Johnson, for revising 
the laws of the territory agreeable to a resolution of the last session 
of the legislature, two hundred and fifty dollars. 

To John Rice Jones for making out the lists and abstracts of 
land in the county of Knox for the year eighteen hundred and five 
and six, seventy five dollars. 

To Johnathan Jennings, as an assistant to the clerk of the 
house of representatives at this session for copying several parts 
of the revised code as amended, six days, fifteen dollars. 

To John D. Hay, as an additional assistant clerk, for copying 
as above, four days ten dollars. 

To Thomas M'Giffin, as an assistant clerk to the clerk of the 
legislative council, at this session for copying as above, six days 
fifteen dollars. 

To George Wallace, jr. as an additional assistant clerk, for 
copying as above two 

( 538 ) 

days and one half six dollars and twenty five cents. 

To Peter Tones, Reuben Anderson, and William Tones, as Specific ap- 
additional assistant clerks, tor copying as above, six days, fifteen P-P™«o„s 
dollars. 

To Joshua Bond, for making a table and bench for the use 
of the Legislative Council at this session, seven dollars. 

To John D. Hay, for a bench for the use of the House of 
Representatives, two dollars. 

To Samuel M'Connell, as an assistant clerk to the clerk of 
the Legislative Council, for copying as above, two days, five 
dollars. 



608 ILLINOIS HISTORICAL COLLECTIONS 

To Samuel Hays, as an assistant clerk to the clerk of the 
House of Representatives, for copying as above, one day, two 
dollars and fifty cents. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 

( 539 ) 

CHAPTER XCVIH. 

AN ACT declaring that the Laws of the Territory as Revised and Reported 
to the Legislature, shall, with the several additions, amendments, and 
alterations made to the Original Laws have force in the Territor3^ 

WHEREAS The whole body of the Laws of this territory, to 
Preamble. the beginning of this session, have in pursuance of a resolution 
passed at the last session of the Legislature entitled "A resolution 
for revising the Laws of this territory, and for other purposes," 
been carefully compiled and revised, and the said re\'isal laid be- 
fore both houses of this Legislature, and approved of, 

And luhereas, Both houses of the Legislature having taken 
the original Laws, from which the said revisal was made, into 
consideration, have made several alterations, additions and amend- 
ments thereto, 

§ 1. BE it therefore enacted by the Legislative Council and 
House of Representatives, and it is hereby enacted by the author- 
Laws tepeal- ity of the same, That all the Laws and parts of Laws in force in 
®°* this territory, at the beginning of this session of the Legislature, 

shall be, and the same are hereby repealed, and that the revisal 
laws in force of the said Laws as made by John Johnson and John Rice Jones, 
shall, with the several additions, alterations and amendments made 
by the present Legislature, have full force and efifect in the terri- 
tory; and that those laws so revised altered and amended shall, 
with the Laws passed at this Session of the Legislature, be 



LAIVS IN FORCE, 1807 



609 



Yy 

(540) 

the only statute Laws in force in this territory. 

Provided ahvays, That all the officers now in commission in 
the territory, shall hold and exercise the duties of their several 
offices, under the Laws heretofore in force, in the territory, in 
the same manner as if this Law had not been made : And provided 
also, That all suits and prosecutions heretofore instited, under, or 
by authority of any of the said Laws, may be prosecuted to judg- laws, 
ment and execution thereupon. 

JESSE B. THOMAS, 
Speaker of the House of Representatives 
B. CHAMBERS, 

President of the Council. 
Approved — September 19th, 1807. 

WILLIAM HENRY HARRISON. 



Officers re- 
main in of- 
fice. 

Suits &c. pro 
secuted un- 
der former 



HAVING carefully Collated the foregoing Printed Laws, 
with the Original Laws and Acts in Manuscript, taken from, 
and now returned to the Territorial Secretary's Office, — we do 
certify that they are truly Printed. 

GENl. W. JOHNSTON, } '§ 

JOHN RICE JONES, 
Vincennes, May, 1808. 



INDEX 613 



INDEX. 



page 

Absenting from service, punishment in case of 40 
Acknowledgment of deeds, &c. to be certified 98 
Actions cognizable before Justices of the Peace 210 
Acts of Parliament prior to the 4 Jac. I adopted 130 
Adjutant General, his duty 252 
Administration with the will annexed, how grantable 78 
Letters of where void 79 
Administrators to give bond with two or more sureties 75 
To account for excess value where lands sell for more than the com- 
puted valuation 82 
Afifirmation, form of 66 
Made by persons scrupulous of taking an oath ibid 
False, punishment for the same as for perjury 67 
To have the same effect in law as an oath ibid 
Or oaths of office to be taken by civil officers 18 
Before whom taken and how certified 19 
Alimony, when and how to be allowed 130 
Animals trespassing may be detained till damages are paid 100 
Proceedings in case no owner appears 102 
Where owner appears within one year 103 
Certain fines to go to the owner of, and to the poor 104 
Penalty for detaining within enclosures for 48 hours without 

giving notice &c. ibid 
Damages for hurting or killing &c. or not providing with 
sufficient food after distress made 102 
Animals, owners of, breaking lawful enclosures liable to pay dam- 
ages 169 
Appeals, how made from courts of Common Pleas 9 
To the General and Circuit courts in testamentary cases 72 
Appearance bail 313 
Appraisers of goods distrained, fees and oath of 151 
Arbitration, causes may be submitted to 175 
Arbitrators, law regulating their proceedings 178 
Arrests, who shall be exempted from 285 
Times, places, &c. that none shall be made 286 
Illegal, how to proceed in case of 287 
Arson, what deemed such, and how punished 30 
Artillery, one company of, to be attached to each brigade 248 



614 ILLINOIS HISTORICAL COLLECTIONS 

Assemblies unlawful, fines on and how dispersed 23 

Assault and battery, what deemed, such and how punished 28 
Attachment, writ of, party applying for to make oath &c. that 
the defendant is not to his belief a resident of the territory 

and to amount of demand as nearly as may be 62 

INDEX 

ii 

page 
May issue against joint and sepparate estate of joint debt- 
ors, &c. or against heirs, exrs. or admrs. 63 
No judgment to be entered in less than 12 months, during 

which rime notice thereof to be advertised, &c. * ibid 

Attornies and counsellors, how admitted 162 

Entitled to legal fees 163 

Names of, may be stricken from the roll in open court ibid 

Punishable for contempt 164 

How to proceed against for withholding money from clients ibid 

What persons prohibited from practising as such 165 

To take the oath of allegeance and of office ibid 

Avowant, sheriff may assign bond to and how 157 

Abatement, pleas in, to be sworn to 319 

pleas of, overruled, plaintiff to recover costs ibid 

Actions, limitation of 120 & 321 

Plaintif? in, may assign number of breaches 321 

Amendments and jeofail, what statutes declared such 325 

Appeal, to be prayed for at time rendering judgment 329 

Being prayed for, bond and security to be given ibid 

Appellant, to lodge copy of record with clerk general court ibid & 330 

To pay discretionary per cent, if judgment affirmed 330 

Recover costs, if judgment reversed ibid 

Attorney, prosecuting the pleas, his fees 355 

Accounts, of tax on law process, to be kept by clerk 386 

Ardent spirits, see Indians. 

Aliens, authorised to purchase and hold real estates 391 

Apprentices, how bound, and when bound to serve 392 
111 used by master, complain to justice, he may discharge 393 
Failing in duty, master may complain, &c. ibid 
Either conceiving themselves aggrieved, may appeal to Com- 
mon Pleas, giving ten days notice &c. ibid 
Court upon proof, notice &c give judgment 394 
Proceedings, concerning, not to be removed into genl. court ibid 

Auditor Territorial, to be appointed by Governor, pleasure 431 

To audit all accounts and claims authorised by law ibid 

Give certificate of sum due claimant 432 

Give bond, (form of condition) and take oath (form) ibid 
To keep book and enter taxes &c. and lay transcript before 

Legislature ibid 



INDEX 615 

Keep account of, and number certificates 433 

Make out and forward abstracts to collectors ibid 
Give copy to attorney general, when collector delinquent to 

be proceeded against by motion having ten days notice ibid 

May give quietus, which shall stop proceedings ibid 

Copy monthly returns of treasurer in book 435 

Direct attorney general to motion for delinquencies ibid 

INDEX 

iii 

page 

Appropriation, to treasurer, aud for purchasing chest 446 
Auditor, receiving report of general court, be given by him to 

attorney general, if &c. and reported by him to legislature 456 
To furnish collector St. Clair with abstract for 1807 465 & 466 

Also collector, Knox with abstract for 1807 466 
Absconding debtors, judge or justice may issue attachment a- 
gainst, returnable before himself if under eighteen dollars, 
if above to court Common Pleas, directed to Sheriff or 
Constable, &c. 469 & 470 

Officer to attach goods and summon garnishee 470 

Garnishee to appear and answer on oath ibid 
Party give bond before issuing attachment, to whom and for 

what use, which may be sued upon by defendant ibid 
Attachment void without bond, and m_ay be set aside by en- 
tering bail, as in case capias. ibid 
Being executed and no bail, and plaintiff have judgment first 

term, issue execution, and sell property attached 471 

Bail being entered, suit conducted as by original ibid 

Garnishee appearing, judgment and execution against him ibid 

Officer allowed for keeping property ibid 

Attornies and counsellors, their fees, and what 476 

Prosecuting, what fees they shall have on convictions 477 
Arms and ammunition, see Indians. 

Accounts audited, received by collector, paymt. taxes territory 430 

Appropriations specific, to whom and what 534 

For contingent and general funds 535 

To printers for what, and how much ibid 
Specific, to what persons, and for what services 536 to 538 

Auditor, his salary, and to purchase case and how paid 536 

Clerks employed by, what allowed. ibid 

B 

Bail appearance, when required 311 

Appearance, when judgment may be had against 314 
When none required sheriff may take acknowledgment of 

an attorney &c. 312 

Bail, when plaintiff may endorse ibid 



616 ILLINOIS HISTORICAL COLLECTIONS 

Recognizance of in certain cases 215 

Battery, what 28 

Bigamy, what deemed such, and how punished Z6 

Where tried ^7 

Proviso, in case of absence for seven years ibid 

In case of divorce, &c. ibid 

Bill of exchange inland, declared negociable 185 

Boats, &c. persons taking up adrift how to proceed 105 

Bonds &c. relating to minors or decedent's estates 7Z 

Administration valid and pleadable in any court 75 

INDEX 
iv 

page 

Made assignable 186 
Bound of prison how to be laid out, recorded copies of, to be 

fixed up in debtors apartment 49 
Boxing &c. what and how punished 205 
Brands and marks, altering and defacing of &c. 31 
Owners to record with the Clerk ZZ 
Brigade, one company of artillery, and troop of horse to be at- 
tached to each 248 
Inspector, his duty 253 
Bribing or treating how punished 240 
Bullet playing 204 
Burglary, what deemed such, and how punished 21 
Bail, to be objected to during sitting of court or &c. 315 
Office judgments against may be set aside ibid 
Recognizances of, may be taken by any judge or justice ibid 
Be transmitted to clerk 316 
Exceptions to, when and how made ibid 
Recognizance of, form thereof, ' ibid 
Piece, when to be given 317 
Form thereof ibid 
To be resident house holder &c. ibid 
Breaches, may be new assigned under sci. fa. 321 
Bond, Judgment on, how to be entered 322 
Bar, payment may be pleaded in ibid 
Omision in detinue barred 327 
Bail, may obtain judgment against principal 419 
Baptist church, incorporated, trustees continue in office 3 years 491 
Who first trustees of, purchase value 400 acres of land 492 
Supply vacancies, make by-laws their effect &c. ibid 
Billiard table, see territorial tax 529 
Bullitt and Smith, allowance to and for what 537 
Bond Joshua, . . same 538 



INDEX 617 



Captains, militia to divide their companies 255 

Cards, dice, &c. how punished. 204 

Cart ways, private, may be opened, and how 300 

Causes, small courts for the trial of 210 

Cattle & hogs, persons killing them in the woods how to proceed 32 

Purchasers of, how to proceed ibid 
Cattle neat, see neat cattle. 

Certificate of marriage, exemplification of to be deemed evid. 42 

Chief seat of debtors, to be last taken in execution 58 

Children, poor, to be by overseers put out apprentices 122 

Of intestates to share the estate equally T7 

Z z 
INDEX 

V 

page 

When no wife to take the whole estate 78 

Challenges, carriers of how punished 207 

Clerks, his duty respecting wills &c. 68 

Cock fighting 204 

College township, persons holding lands in may cut timper &c. 191 

Common law of England adopted 139 
Common field, see field. 

Committee of common fence, duty of 307 

Constables, how and by whom appointed . 229 

Their power and duties 230 

Vacancy of, how supplied 231 

Special, may be appointed by magistrates ibid 

Liability of, in withholding money 214 

Conveyances to electors, sham ones to be forfeited 240 

Counsellors, see attorney. 

Counties, in what manner divided into militia districts 250 

Court General, to be held twice a year at Vincennes 12 

Judges of, their powers and duties ibid 

To deliver jails and issue process 14 

Courts circuit, where and when to be held 13 

In certain cases to render final judgment and issue execution ibid 

May grant new trials ibid 

To examine and punish contempts, &c. of certain officers 14 

To award process for levying fines, &c. ibid 

Courts of Common Pleas, their power and duties 6 

To hold six sessions annually ibid 

Power of to order sale of perishable property 64 

Power of, where insufficient securiry is taken &c. ibid 

Power of, to issue subpoenas &c. 10 



618 ILLINOIS HISTORICAL COLLECTIONS 

To make out a list of rates for tavern keepers 92 
To appoint fence viewers 170 
To appoint pound keepers, and cause pounds to be erected 115 
On application of exr. or admr. to appoint three commission- 
ers to convey to infants, which shall bind the heir 82 
Judges of, at every term to enquire into the state of prisons &c 59 
Clerks of, appointed by governor during good behaviour 11 
Officers of, subject to be arrested and held to bail 164 
Where actions of consolidation may be brought in 225 
Courts martial, general and regimental 275 
Coroners, their appointment duty and powers 42 
Craft water, persons taking up adrift how to proceed 105 
Crimes, persons convicted of to be sold for fines and costs 39 
Crimes and punishments, acts respecting to be given in charge to 

grand juries by the courts of record 40 
Creditors not to receive any share of estates sold, unless they 

give bond &c. to refund the surplus within 12 months 64 

INDEX 

vi 

page 

Court to judge of sufficiency of bail 315 

To rectify proceedings in the office ibid 

Costs, to be apportioned by court in certain cases 318 

Causes to be apportioned by clerk 320 

Not ready for trial, place at foot of docket ibid 

May be heard out of due course 332 

Costs shall not be recovered in case of tender and refusal Z2i 

Security to be given by non residents 325 

None to be given in slander or battery, if jury find under 20 

dolls, in G. court and 6 2/3 dolls, in C. P. and two thirds 

costs in trespass viet armis, if recover less 5 dolls. 327 

To be apportioned in certain cases between appelt. & applee. 330 

Clerk of genl. court, preserve and make up records &c. 332 

Chain carriers^ be apportioned by surveyor and take oath 336 

Common Pleas, clerk of, his fees in civil proceedings 347 

In criminal proceedings 349 

In probate 351 

Justices of, their fees 352 

Coroner, his fees 256 

Constable, his fees in civil cases 358 

In criminal proceedings 359 

Taking greater fees, finable ibid 

Clerk, to set up table of fees in offices 360 

To deliver fee bills to shff. by 1st. March 361 

Not to institute suit for fees, imless no property or fee book 

lost 362 

May motion agst. shff. for fees giving 10 days notice 363 



INDEX 619 

Claims, court of C. P. to audit and adjust, and at what time 374 
Contracts, court of C. P. to make and how 381 
Collector of county taxes, his duty 382 
Chancery court of, established and to exercise equity powers 401 
To be holden by one judge appointed by governor ibid 
Hold two annual sessions, and other special ones 402 
What rules to be observed in ibid 
In case it does not sit, suits &c. continued of course ibid 
Always open to granting injunction &c. ibid 
Non resident give bond and security for costs ibid 
If no bond attorney liable 403 
May compel resident complts. to give bond ibid 
Writs in, to be issued by clerk ibid 
Rules to be taken in office, in Jan. Apl. and Oct. ibid 
Subpoena not to issue till bill filed, when clerk make out co- 
py to be delivered to deft. ibid 
Where two defts served, on first named if &c. 404 
Deft being non resident, or absconds complt. to advertise ibid 
Amendatory bills, copy to be delivered to deft. ibid 

INDEX 
vii 

page 

Depositions may be taken after &c. upon giving notice 404 
Deft, failing to answer &c. being served with copy, complt. 

to proceed on to hearing, unless farther time given 405 

Deft, may swear to answer before judge or justice ibid 

Execution, as at law, to issue on judgment ibid 

Decree not complied, binding on deft. 406 

Same lien under decree as judgment at law ibid 

Sci. fa. binds goods from delivery ibid 

Chancellor to appoint clerk, and his fees ' ibid 

Time and manner of obtaining injunction 407 
After notice proceedings at law stayed, but if application not 

made plff. may proceed ibid 

For what sum injunction to be granted and its effect ibid 

Bond and security to be given under injunction ibid 

Injunction dissolved, what interest and how exon. issued 408 
Notice to be given in taking affidavits intended to be read 

except under injunctions in term, and clerks to issue spa's. ibid 

May issue writ ne exeat when and how ibid 

persons requiring writ, give bond to what &c. 409 

Going out but returning to territory no breach of bond ibid 

Principal in bond may be surrendered by security ibid 

Chest to secure public money, to be purchased by whom &c. 446 

Coroner, to serve writs &c. under what penalty &c. 450 

making false return, to what liable 451 

Failing to return execution, finable and how 454 



620 ILLINOIS HISTORICAL COLLECTIONS 

Clerks of courts, to give bonds to governor in 1000 dolls. 455' 

Lodge bonds in secretary's office 456 

Books be examined by judges in open court ibid 
And fine appearing thereon certified from genl. court to aud- 
itor and C. P. to shff. as county treasurer to be collected 

and how ibid 
Failing to pay over by certain time to be motioned against by 

auditor and shff. thro' atto. genl. how ibid 

Clark county, court for Sept. term altered &c. 463 & 464- 

Common Pleas, clerk of, to make out records how and when 475 

Act as clerk of circuit court 477 

Coroner, receive same fees in all courts 476 

Counsellors and attornies their fees, what shall be ibid 

Church, see Baptist. 

Common Field, see prairie lower. 

Compensation to members of both houses what 532' 

To clerks of, same and what 533 

To door keeper, same and same ibid' 

How certified, audited and received ibid 

Committee, for printing laws, make index 534 
Draw money from contingent fund, how and for what and 

INDEX 

viii 
page- 
make report to legislature 506^ 
Clerks, what allowance, and for what ibid 

D 

Dams over which a public road passes how to be kept in repair 198 

Deeds, to be acknowledged and recorded 95 

What words in shall amount to covenants &c. 93 

Of lands, justices &c. in one county may take acknowledg- 
ment or proof of the execution of in another county 99 

To be given by the sheriff to thebuyers of lands sold at pub- 
lic sale 56 

Fraudulent 28 

Death, how punishment of inflicted 39 

Dearborn, election districts in 241 

Debtors, allowed benefit of bounds 50 

Delays in causes after issue joined 65 

Desertion, how punished 275 

Discipline military, rules of established by congress to be observed 282 
Discharges or receipts given by executors &c. shall bind minors 

or orphans 72 

Disfiguring or maiming, how punished Z^ 

Disobedience of children and servants how punished 29 

Distress damage feasant, notice of to be given, and how lOO 



INDEX 621 

Distress for rent, how made 151 

Penalty for taking where none is due &c. 152 

Distribution of estates, how made 77 

Divorce, causes of 140 

What courts have cognizance of . ' 141 

Proceedings in case of 142 

Dower, terre tenant to set out in one month 117 

Tenants in to keep and leave the premises in good repair 118 

Drunkenness, what and how punished 201 

Duels, what and how punished 206 

Damages, when to be assessed by court 318 

Defence as many pleas as necessary may be pleaded 319 

Day, to be set by clerk 320 

Debt, action for, limited to five years ibid 

Declaration, plaintiff may assign many breaches in 321 

Defendant, jury to find for in certain cases 322 

May have judgment and scieri facias therefor 323 

Demurrer, in what view to be taken by court 326 

Dedimus, courts of Common Pleas authorised to grant 332 

Notice to be given under 333 
Declaration, where two ot more named, and one taken to be spe- 
cial, and what to suggest 334 

In ejectment not to be received until tax paid 386 
Debt, imprisonment for, see insolvent debtors. 



INDEX 



page 



Debtors and securities, see securities. 

See absconding debtors. 
Dearborn, collector of, for 1806, to repay, and also desist from 
collecting certain taxes in, for which he shall credit with 

auditor 531 

E 

Ejectment, declaration in 155 

Court may suffer landlord to become defendant in 156 

Ejector casual, judgement to go against on non appearance of 

tenants ibid 

Elections, how to be proceeded in 232 

Judges of 233 

Occasional, to whom the writ is directed in 237 

When contested notice to be given thereof within ten days 238 

Electors, qualifications of 235 

Enclosures 168 

E. Q. and other tables, prohibited 204 

Equity, when judgment shall be made according to &c. 119 

Error, writs of to be issued by the judges of the general court 14 

Escapes, voluntary, negligent and violent 52 



622 ILLINOIS HISTORICAL COLLECTIONS 

Estates, real liable to be seized and sold upon judgt. and exon. 55 
Personal, distribution of not to be made within the year 78 
Estrays, where two or more of same species taken up how to procd. 109 
Reward for taking up, with charges for keeping &c. ibid 
How to proceed in case valued under five dollars 110 
Penalties on persons selling, trading or taking away 111 
What persons to take up ibid 
Not to be taken up between the first days of April and No- 
vember, unless found within takers up lawful enclosure 112 
Penalty on persons who take without being qualified &c. 113 
Evidence, exemplification of marriage certificates be deemed such 42 
Of emission not necessary in rape 35 
Exchange, inland bills of, made negotiable 185 
Executors and administrators, in summary proceedings against, 

execution to be issued as in other cases 219 

How liable for, of decedents estate 71 

Executor in his own wrong, who deemed such 79 

Expresses &c. to pass ferry free 181 

Exceptions to bail when and how made 316 

Evidence, special may be given in 322 

Who are exempted from giving 324 

Papers adduced in, may be taken by jury 327 

Error, confession of judgment, release of ibid 

Executions to issue from genl. court, in certain cases 329 

Error writ of, not to be superse deas unless endorsed so by judge 331 

Being obtained party to give bond in office ibid 

INDEX 

X 

page 

Party to file transcript record under 331 

Will not lie after five years unless some disability ibid 

Division of court on, judgment affirmed ZZ2 

Estates real, aliens authorised to purchase and hold 391 

Expences, in taking census to be paid by county treasurer 428 

Attending courts, fees, wood, &c. order of proper court 429 

Fees and salaries to be paid in same manner ibid 

Name of prosecutor to be endorsed on indictment 430 

Prosecutor to pay costs, unless court certify, &c. ibid 

Executions levied on property may be replevied giving bond &c. 447 

Officer to restore property on receiving bond ibid 

No bond tendered, officer after notice to sell 448 

Levied on person, may be released in same manner ibid 

Sheriff to return bond within twenty days ibid 

Upon expiration execution to issue, endorsed no security ibid 

Bond quashed for insufficient security shff. liable ibid 

To be returned to office on 2d rule day after issued 449 
Time of, negroes may be sold under, vest right in purchaser 



INDEX 623 

negro to serve and purchaser comply with contract ibid 

persons dying in, new execution to issue 451 
To be returned when property will not sell, and vend expo. 

to issue and form thereof ibid 

Right of property contested under, how shfif. proceed 452 

Time given to prisoner under no discharge of debt 454 

Elections, districts for, to be designated by C. P. 489 

Shff. appoint deputies, take assistants, appoint poll keepers, & 

their several duties and compensations ibid 

Certify polls &c. shff. declare and give cert, to representative 490 

Copies of polls to be delivered to secretary and elk. C. P. ibid 

Held same day in every township, repealing clause &c. ibid 



Felony, compounding, how fined 27 

Fence common, respecting repairs to 308 

Penalty for opening of ibid 

Fences subject to inspectors 172 

Partition, by whom to be kept and maintained 169 

Of wood, how to be made &c. 168 

Fence viewers, their duty 170 

Ferries, to be established by court of Common Pleas 179 

Rates of, how fixed 180 

Expresses &c. to pass free 181 

To be kept from day light, till dark 182 

Those under licence from the Governor continued &c. 183 

When courts may discontinue ibid 

Ferry keepers, to keep good and sufficient boats &c. 181 

Exempt from militia duty 182 

INDEX 
xi 

page 

Penalty on, for keeping ferries without licence 182 

Fields Common, owners of, to meet and make rules 305 

To elect officers and a committee 306 

To appoint an assessor and collector 307 

To be enclosed with a good fence 311 

Forcible entry and detainer 144 

Forfeiture on breaking houses and stealing therefrom 21 

Foreman, his oath in certain cases 44 147 

Forgery, what cases deemed such, and how punished 27 167 

Persons aiding and assisting in, how punished 28 

Fieri facias may be issued against administrators &c. 315 

Fees to surveyors 336 & 337 

Forgery, by persons servants certificate how punished 345 

Fees to the several officers specified 347 

Fee bills to be made by several officers and how 360 



624 ILLINOIS HISTORICAL COLLECTIONS 

Collected by sh£f. after 10 April by distress 362 

No suit to be brought for, unless no property or book lost ibid 

To be accounted and paid by shfif. by last of May 360 
Fraudulent list see levies county. 

Ferries, when court shall tax and how much 378 

Fees, to several officers, equal in both courts, except, &c. 475 

Fund contingent, what and how much &c. 535 

General what and how disposed ibid 

Committee and governor may draw from and who 536 



Gaming, securities, made or entered into for, void 205 

Money lost at, how to be recovered ibid 
General courts, see courts. 

General issue, in what cases may be plead by sheriffs or jailors 50 
Goods stolen, receiving of, how punished 27 
Obtaining of, by fraudulent pretences 29 
Distrained, when to be replevied 151 
Penalty on rescuers of 152 
Rent due to be first paid out of in case of execution 153 
Governor, in what cases he may issue special commission of Oy- 
er and terminer 15 
Grenadiers, company of, to be formed 249 
Guardians, to prosecute for and defend their wards 71 
What steps to pursue on sale of houses and lots in town be- 
longing to infants 83 
To account for the consideration money of such sale. 84 
General court, has no original or appellate jurisdiction except in 

error, under fifty dollars 328 

Appoint judge to inspect clerk's office ibid 

Suits in not to discontinue ibid 

Sheriff may adjourn ibid 

INDEX 

xii 
page 

To direct forms 329 

In certain cases, give judgment inferior court ought 330 

May issue execution, or order inferior court ibid 

Being divided, judgment of inferior court affirmed 332 

Clerk of, to preserve records &c. ibid 

Correct errors &c. of preceding term ibid 

Governor, transmit certain law to other governors 389 
When notified of certain approbations, the third section of 

act to prohibit sale of liquors to Indians in force ibid 
General court, to examine clerks books and report to auditor 
fines due thereon, not paid by first March, motioned a- 

gainst by attorney general 456 



INDEX 625 

September term of, for 1807, altered &c. 464 

Clerk of, same fees as clerk Common Pleas, except &c 475 

To make up records, how and when ibid 

Practise in inferior courts, if &c. 476 

Governor, draw money from contingent fund, how, and for 

what, and make report to legislature 536 

H 

Habeas corpus, writs of to be issued by the judges of the G. C. 12 

Hog stealing, what deemed such and how punished 31 

Hogs, selling without ears, how punished 34 

And cattle, persons killing them in the woods how to proceed 33 

Horse stealing, what deemed such and how punished 30 

Horse, troop of, to be attached to each brigade 248 

Horses, running of in public roads how punished 204 

Horses, persons taking up as estray 106 
Found running at large without the settlements how to be 

dealt with 111 

When taker up not qualified how to proceed ibid 

Stone, above a year old to be taken up and cut or gelded 143 

Provision in favor of &c. in certain cases ibid 

House mansion, when to be sold last 58 & 81 

Houses, breaking and stealing therefrom forfeiture for 21 

Husband and wife, how they may convey real estate 97 

Husbands deserting their wives, how to be dealt with . 136 

Harrison W. H. authorised to sell certain tract land 495 

For support &c. of certain children 496 

By public sale, giving twenty days notice ibid 

Give credit six months, taking bond and mortgage ibid 

Execute transfer therefor ibid 

Hamtramck J. F. his administrators to sell lands in territory 497 

Giving fifteen days notice thereof ibid 

On credit of six months, under bond and mortgage 498 

Execute deeds &c. therefor ibid 

A a 2 

INDEX 
xiii 

page 

For paying certain debts in schedule, &c. 468 

To settle accounts with Common Pleas Knox ibid 

Hay J. D. allowance to and for what 537 & 538 

Hays Samual, same 538 



Infantry, light company of to be raised 249 

Inland bills of exchange made negociable 185 



626 ILLINOIS HISTORICAL COLLECTIONS 

Inquest, Jury of 43 

Inspecter brigade his duty 253 
Interest, money at, where an executor is not accountable for in 

cases of loss 70 
Legal what 172 
Penalty for taking more than 173 
Intestates, children of to share estate equally 77 
Advmts. to be put up of the time and place of sale of their 
estates 81 
Issue joined, delays in causes after 65 
Inventory to be exhibited by administrators 81 
Jailor, punishment of, for suffering escape of prisoners 52 
Judges, to issue their warrants or precepts to arrest persons in- 
dicted in one county and fleeing to another &c. 9 
To issue subpoenas and dedimus's ibid 
Of general courts to deliver jails and issue process 15 
Judgments, what to be given agst. plff's delaying after issue 

joined 65 
Justices of the peace, how they must proceed in case of written 

complaint of detainer of lands 145 

May hear petty crimes ibid 

Crimes committed in presence of 4 

To commit capital offenders &c. 5 

Jury of inquest, number of, when to appear &c. 43 

Jurors, summoned and not attending how fined 16 

Oath of in certain cases 44 & 147 

Judge or Justice, may take recognizance of bail 315 

Transmit recognizance to clerk 316 

If required, give bail piece 317 

Judgment, inter locutory when to be entered by plaintiff 318 

How and in what manner may be set aside ibid 

To remain as security for new breaches 321 

Interpreters, may be sworn when necessary 323 

Issue, after joined, no exceptions allowed 327 

Judgment, (where two or more are taken) against one, may be 

put in force against others by scieri facias ZZZ & 334 
Jurors, their fees in Common Pleas and General court 355 
Informer, of persons giving fraudulent list of property, to re- 
ceive one half of fine 370 

INDEX 

xiv 
page 

Inn-mates, to be given in by house holders 383 

Refusing to pay tax, be committed to jail ibid 

Indians, governor by proclamation prohibit sale of liquors to 387 

Persons infringing proclamation, be fined or imprisoned 388 

Traders with, giving or selling liquors to, fined ibid 



INDEX 627 

Act concerning, not to impair powers of agent 389 
Insolvent debtors, persons imprisoned for debt, may petition 

court of Common Pleas, stating debts, &c. 395 

Court to set a time for hearing of objections ibid 

Prisoner give thirty days notice, or advertise ibid 

Make and subscribe schedule, and take oath 396 

Schedule to remain with clerk for creditors 397 

To be discharged by warrant from court ibid 

Acquiring property afterwards, may be taken ibid 

Not to be again committed to jail, for prior debts ibid 

Estates of, vested in assignees to be appointed by court ibid 

Assignees to sell property and recover debts 398 

Pay debts pro rati, save to prisoner his cloaths and 

tools & pay themselves for trouble &c. ibid 

Swearing falsely, perjury, and again remanded ibid & 399 

Incorporation, see Vincennes, Borough of. 

Impeachment, to be tried by Legislative Council on charges by 

House of representatives, and extend to removal &c. 420 

Prosecuted by Attorney General, Council take oath ibid 

Indictment, name of prosecutor to be endorsed on 430 
Indiana Territory, see University. 

Jeffersonville, town of, trustees of, who, and how elected 480 

Sherif¥ to advertise election, how compensated ibid 

Trustees appoint clerk and assessor, and his duty 481 

Lay tax, and appoint collector ibid 

Collector give bond, collect and pay over tax ibid 

Allowance to, to advertise sale and how 482 

Trustees vacancies in, how supplied ibid 

Have plan recorded, and three form a board ibid 

Journals, see Printing. 

Indians, govr by proclamation prohibit furnishing arms &c. to 515 

Violating proclamation how punished 516 

Act expires end of next session of assembly ibid 
Jones and Johnson, see appropriations specific 534 

Jones and Jonston, see committee • ibid 

Jones Michael, allowance to, and for what 537 

Jones John Rice same ibid 

Jennings Jonathan same ibid 

Jones Peter, &c. same 531 

K 

Killing in the just defence of ones self or of any other person, 

INDEX 



page 
20 

Kin next of, when entitled to one half of intestates estate 77 



no crime 



628 ILLINOIS HISTORICAL COLLECTIONS 

Knox, shff. of collect tax for 1807, when and how, & pay over 466 
Refusing &c. fined and how recovered 467 
Their fees what ibid 
Lands sold for taxes of, how and when redeemable ibid 
Kaskaskia town of, trustees who, and how others elected 486 
Sheriff advertise election and how compensated ibid 
Trustees appoint clerk and assessor, and his duty 487 
Lay tax and appoint collector ibid 
Collector give bond, collect and pay over tax ibid 
Allowance to, to advertise sale and how 488 
Vacancies in how supplied ibid 
have plan recorded &c. 3 to form board ibid 
Knox collector of, for 1806, collect arrearages, (assessment de- 
clared void) as shff. for 1807 & pay over under same penalty 494 
His compensation therefor ibid 
County, allowance to and for what 537 
Kilgore Chrales, same 536 

L 

Lands, proceedings in case they do not sell 56 

Taken in execution, how to be held by purchasers 57 

Unlawfully witheld how restored 144 

Landlords, may distrain, cattle, corn, stock, &c. 154 

When may distrain for rent arrear &c. 161 

Larceny, what deemed such and how punished 26 

Legislature, members of to attend upon the call of the governor 239 

Members of, may be expelled, for what and how 240 

Persons not eligible to 241 

Members of, exempt from arrest 284 

Law, penalty on persons undertaking to practice without license 166 

Law common, of England adopted 139 

Levari facias _ 57 

License, tavern how granted 89 

To marry how obtained, and from whom 41 

Limitation of prosecutions for crimes 39 

Liqors not to be sold but by persons quald. under certain qntys. 89 

Lotteries prohibited 209 

Limitation of actions 320 & 321 

Of writ error after five years 331 

Of prosecutions against officers taking illegal fees 361 

Levies county, what species of property subject to 366 

Sheriff to receive list under oath Z67 

Sheriff to advertise for taking lists, when and where ibid 

Sheriff previous to advertising make personal application 368 

Persons giving fraudulent lists how punished ibid 



INDEX 629 

INDEX 

xvi 
page 

Sheriff to list such property by information 368 
Party giving such fraudulent list subject to tripple tax and 

fine of SO dollars ibid 
Sheriff to give information to court of C. P. whereon sum- 
mons to issue and proceedings thereon 369 
Persons having knowledge of fraud, give information 370 
Persons failing to attend, may give in list to shff. by 20th 

March, otherwise fined and tripple taxed ibid 

Sheriff to make out two lists in alphabl. order ibid 
Keep one and deliver one with vouchers to the elk. of C. P. 

before last of March 371 
Clerk make transcript thereof & lay same before court at the 

time of auditing accompts ibid 
Court to allow list by signae. of presiding judge 372 
Clerk in ten days deliver it to shff. his compensation ibid 
Sheriff to collect in four months 372 
Allowed ten per cen for listing and collecting ibid 
Take oath and give bond ibid 
May appoint deputies to list and collect 373 
Deputy responsible same manner as principal ibid 
To retain tax in his hands subject to order of court ibid 
Rate of taxation to be observed ibid 
Court to audit and adjust claims 374 
To appoint valuers of houses &c. in each township ibid 
Valuers to make out alphabetl. lists. ibid 
Deliver one to clerk and keep the other 375 
Clerk to lay the same before the court ibid 
Court to audit and adjust shffs. accompt ibid 
Ascertain expences, exigences, &c. and apportion and lay 
the tax 376 
Sheriff to grant license for sale goods, tax upon and form 
thereof 377 
To prosecute for fine for selling without license, receive 
and account for the same 378 
Court to tax ferries, when and how much ibid 
Sheriff demanding more taxes than due &c. penalty for &c. 379 
To account and settle with court allowances &c. ibid 
Failing to settle, may be motioned against by attorney 
prosecuting the pleas giving ten days notice 380 
Court to contract for buildings, and how ibid 
Officers refusing to discharge duty, fined, how recovered &c. 381 
Collector to demand tax, if not paid in 3 months, make dis- 
tress and sale, giving 10 days notice 382 
If tax paid before sale, return property &c. ibid 



630 ILLINOIS HISTORICAL COLLECTIONS 

Return account of sale to court to be examined &;c. ibid 

Valuation of houses &c. may be appealed from 383 

INDEX 

xvii 

page 

House holders to give in young men, how taxed and collected 383 

Taxes laid under former laws, they shall be persued 384 

Law process taxed, for discharge of 386 

Liquors intoxocating, see Indians 

Lands, see partition 

Library company incorporated and have seal 457 

Appoint president and directors annually 458 

Make by-laws their force and continuation ibid 

Meet annually, when and for what, if, &c. 459 

No determinate number required to do business ibid 

Laws, see printing. 

Land tax see Territorial tax 

Legislature, see compensation 

Laws, what to be such for territory 539 

Suits &c. be prosecuted under former laws, &c 540 

M 

Man-slaughter, what and how punished 20 

Maiming or disfiguring how punished 34 

Marks and brands, regulations concerning 31 

Marriage, at what age persons may be joined in, and by whom 40 

Licence, how obtained, and from whom 41 

Certificates of, by whom given &c. 42 

Martial court, general and regimental 275 

Men deserting their wives, how to be dealt with 136 

Militia duty, persons liable to 245 

What persons exempt from 246 

Militia, how divided and ofificered 247 

Requisites to a command in 251 

Governor, empowered to call forth 266 

How to be classed 267 

Officers, rank of, how determined 252 

To meet and exercise 254 

Company, musters of, how often to be holden 256 

Battalion musters of 257 

Regimental musters of ibid 

Minors or orphans, not to be put under controul of those of a 

different religion 72) 

Estates of, how to be secured in certain cases 69 

When they may choose their guardians, &c 71 

Mills 192 

Millers, not accountable in case of robbery, fire, &c. 194 



INDEX 631 

To grind well, and in turn, &c. 198 

Ministers of the gospel, may cut timber &c. 190 

Mortgages, proceeding on 58 

Satisfaction on, how to made by mortgagees 94 

Murder, what, and how punished 20 

INDEX 

xviii 
page 
Musters, notice of, when and how given 257 
Money, how it may be paid into court, and what advantage ac- 
crues to the defendant therefrom 322 
Mulatto, who deemed such 324 
Master and servant, master to furnish servant with food &c. 340 
May assign indentures before magistrate 341 
Expenses in apprehending servt. and time lost to be reimbursed ibid 
111 treating servant may be complained of to Common Pleas 342 
And servant, contract between void ibid 
Complaints against servants to be heard by Common Picas ibid 
Putting off servant who becomes county charge, finable 343 
Remedy against person hiring servant without certificate 344 
Merchandize, sale of, sheriff grant license for 377 
Selling of, without license, penalty for, and how recovered 378 
Measures, see weights and measures. 
Mulattoes, see negroes. 

M'Cift'in, Thomas, allowance to, and for what 537 

M'Connell Samuel, same 538 

N 

Neat cattle, &c. persons taking up how to proceed 108 

Not to be posted up between the first days of April & Nov. 109 

Non-residents, real and personal estate of to be atchd. for debt &c. 62 

Notes in writing for the payment of money, nogotiable 184 

Made assignable by indorsement 185 

Notice, of exception to Bail, and how to be given 316 

Non est factum, pleas of, to be sworn to 319 

Non suit, must be suffered before jury retire 324 

TSTon residents, give bond &c. for costs . 325 

Notaries Public, to be appointed by Governor 390 

Make attestations &c. and their fees ibid 

To give bond and security 321 

Ne Exeat, writs of see Chancery, court of. 

Negroes and mulattoes, above 15 may be brought into Terry. 423 
Owner to agree with, before clerk of Common Pleas, in thir- 
ty days, who shall make record thereof 424 
May be removed in sixty days, if refuse to agree ibid 
Be liberated in case of neglect of owner 425 
Under fifteen to serve owner until thirty two and thirty five ibid 



632 ILLINOIS HISTORICAL COLLECTIONS 

Under fifteen brought into terry, to be recorded in thirty days ibid 

Removing of, from one county to another, how to proceed ibid 

Neglecting to register &c. fined, and for what use 426 

Registering of, give bond not become county charge ibid 
Not to be removed out of Territory, without consent before 
Judge of Common Pleas, to be certified to clerk, except 

as in third section 427 

Registering of, Clerks fees 428 



INDEX 



XIX 

page 



Children of, born in territory, to serve till twenty eight and 

thirty, and law respecting apprentices, applicable to 428- 



Oaths of o£fice, or affirmation to be taken by civil officers &c. 18 
Oaths &c. before whom taken and how certified 19 
Oath of allegiance to United States to be taken by a person be- 
fore he can exercise an office 67 
Persons scrupulous to take, may make affirmation &c 66 
Offences, what shall be deemed treasonable 19 
Officers, not liable for killing rioters, &c. whilst resisting the 

proper authority 24 

Overseers of the Poor, regulations concerning them 120' 

Accounts of, how to be kept and settled 122 

Controlled by three freeholders appointed by the court 123 

Forfeiture of, for neglecting to serve 124 

In each Township, a body corporate 125 

Shall receive all paupers lawfully removed 134 

How they may plead, &c. 139 

Duty to prosecute for cutting trees, &c. 190 

Officers, of court, cannot be bail 317 

Office, Rules and steps to be taken in, and when 317 & 318- 

Officers, to make and deliver bills of costs 360 

Taking illegal fees, finable, and how recovered 361 

Oath, form of, in giving in list of property 367 

Officers, commissioned under former laws, continued in office 540' 



Panel where incomplete to be filled by tales 148 

Parade hours of 281 

Parliament, acts of prior to 4 Jac. I. adopted 199 
Paupers, how to proceed when those of one place sicken and die 

at another 134 

How to be removed when likely to become chargeable 129 

General regulations concerning 122' 



INDEX 633 

Parents, not bound to prosecute their children being infants 27 

Consent of, previous to marriage under what age necessary 41 

Penalties of shff's for neglecting to return writs of execution U 
Perjury, what cases deemed such and how punished 25 & 94 

Subornation of, how punished 26 

Petty treason, deemed murder, and punished as such 35 

Poor, overseer of, how and by whom appointed 119 

Not to be relieved unless by order of two justices of the peace 122 

Pound, what strays shall be kept in and how long 114 

Keeper, his duty 115 

Poll keeper duty of 243 

Prairies, firing of how punished 243 

What time may be set fire to 244 

INDEX 

XX 

page 

Practice in the courts, an act regulating 311 

Privileges, defined and regulated 284 

Prisoners, how to be furnished with necessaries 55 

Persons aiding to escape, how punished 51 

Prisons, state of, to be enquired into at every term 53 

Seperate rooms in, for the sexes ibid 

Prison bounds, regulations concerning 49 

Prochein amy's may prosecute for minors 71 

Probates, and letters of administration, granted out of the Ter- 

rity, to have full force within it 85 
Probate of wills, declared matter of record and may be given in 

evidence 84 
Property perishable, courts may order sale of &c. 63 
Prosecutions for crimes, limitation of 39 
Publicans, how licensed 87 
And retailers, not to harbor or trust minors, servants, &c. 90 
Publications, tearing down or defacing those set up by authori- 
ty, how punished 208 
Plaintiff, failing to declare, may be non suit & pay certain costs 318 
Pleas, in abatement, to be sworn to 319 
Overruled, plaintiff to recover costs ibid 
As many as necessary, may be pleaded ibid 
Payment, may be plead in all cases of contracts 322 
Process, to be name of clerk, and tested on day of issuing 332 
Poundage, of sherifif to be levied on execution 364 
Pilot, to be appointed by the governor, taking bond ibid 
His fees for pilotting over the rapids 365 
Not authorised to act as such, how fined and amount ibid 
When fined, to be paid into territorial Treasury ibid 
Owners may pilot their own boats ibid 
Process, law taxed, how much, and for what purpose 386 



634 ILLINOIS HISTORICAL COLLECTIONS 

Clerk to pay tax to county treasurer, when & under what fine 387 
Partition, to be made to court of Common Pleas, after notice 

given, court to appoint commissioners 421 
Commissioners to take oath, make divison and return &c. ibid 
Return acknowledged, to be recorded 422 
Commissioners report, if no division, court to order sale ibid 
Make deeds (bar) and pay over proceeds to claimants ibid 
Compensation to commissioners ibid 
Guardians to act for minors 423 
Not to be made contrary to will ibid 
Prosecutor, to pay costs in case of acquittal, unless court &c. 430 
Printing, committee appointed to superintend 499 
Committee take bond &c. from printers, be filed in secreta- 
ry's ofifice ibid 

B b2 

INDEX 
xxi 

page 

Take journals and acts and return them 500 
Forward laws &c. to several clerks of Common Pleas to 

be by them distributed and to whom ibid 

Deposited balance in secretary's office, and for what end 501 
To certify to auditor for expences in printing &c. and 

he to audit ibid 
Prairie lower, to be enclosed by certain line fence, and by what 

time 502 

Of what fence shall be made ibid 

Manner of making and by whom made and repaired 503 

Persons refusing, how fence to be made and remedy ibid 

Pulling down, or burning, to what liable &c. 504 

Pasturing, or suffering creatures to trespass, fine &c. 505 

Annimals breaking, how dealt with, &c. ibid 
Non cultivating proprietors lands may be let out, and how, 

but may be released and how 506 
Riding, driving, &c. over lands, what remedy for 507 
Proprietors to elect syndic, who shall be notified, and refu- 
sing fined, and how disposed of ibid 
Syndic refusing, elect another, and how 508 
Take oath, and apportion fence &c. ibid 
Have gates erected and how and penalty for leaving open 509 
Dike to be made, when, where and how ibid 
Supervisor to be elected and make apportionment 510 
Penalty on neglect, and power of supervisor 511 
Road where, when, and how, &c. ibid 
Laws repealed, and general issue to be plead 512 
Non resident's, part of dike how made ibid 
Syndic, visit, and have fence repaired, when and how &c. 513 



INDEX 635 

Proprietors may erect private gates, but liable &c. ibid 

Fines how disposed of — oath to be taken 514 

Printers, what compensation, and how received 535 

R 

Rape, what deemed such and how punished 35 
Real estates, when liable to be seized 55 
Refferrees, report of to have the same effect as a verdict in cer- 
tain cases 178 
Recorder, every county to have one 95 
Penalty on for neglect of duty 97 
Recorders office where and how to be kept 91 
Recognizance of bail, form of in certain cases 215 
Recognizances to be taken by justices of the peace 3 
By Judges of C. P. 7 
How and to whom to be certified 8 
Ralations collateral, law concerning 78 
Rent, see distress and goods distrained 

INDEX 

xxii 
page 

Rplevin, defts in may avow and make cognizance generally 150 

Shall recover double costs if plff. be non suit &c. 157 

Representatives when and where to be elected 232 

Retailers & publicans, not to harbour or trust minors, servts. &c. 90 

Return day 313 

Riflemen, company of to be formed 249 

Rioters how punished if they do not disperse 24 

Roads public, to be opened, &c. 288 

Court to appoint viewers and surveyors of, &c. 290 

Useless may be discontinued &c. and how 295 

Persons liable to work on 296 

Obstructing, how punished 303 

Robbery, what deemed such and how punished 23 

Recognizance of bail, form thereof 316 

Rules to be taken in office monthly 317 

In what manner taken, and how set aside 318 

To enter in a book ibid 

Replevin, plff. in may plead several matters 319 

Riots, &c. in servants punished by order from J. P. 346 

Recorder, his fees 356 

Replevy see executions. 

Assessment made and taxes collected for 1807 valid 473 

Persons having already paid may appeal ibid 

Judges of C. P. to meet and hear complaints correct abstract 

and certify to collector ibid 
Collector to defaulk and pay back, and recpt. on cert, of court 



636 ILLINOIS HISTORICAL COLLECTIONS 

sufficient in settlement with auditor 474 

Lands heretofore sold, sales void ibid 

Collector to collect and pay over how and when ibid 

Revised code, declared laws of the territory 539 



Sales, overplus of to be by shff. rendered to the debtor 60 

Servants, disobedience of, how punished 29 

Service absenting from, punishment in case 40 

Sheriff how to be appointed 17 

To hold elections 233 

Penalty on for neglecting to return writs of execution 11 

Only liable to costs on violent escape of certain prisoners 52 

To provide meat &c. for certain criminals 53 

To advertise the time and place of sale of certain lands at 

least ten days before 56 

His duty before sale of mortgaged premises 60 

Sheep, persons taking up how to proceed 108 

Settlement qualifications necessary for a legal one 126 

Certificate of their requisites 127 

Sodomy, what deemed such and how punished Z6 

INDEX 

xxiii 

page 
Standards regimental to be provided 252 
Steuben's Baron, his instructions on military discipline to be ob- 
served 282 
Subpoenas by whom issued 10 
Suits, undetermined, to be continued to the next succeeding 

court 16 

Parties to, may prosecute and defend in proper person 167 

Suits vexatious, to be dismissed by magistrates 211 

Sunday how to be observed 199 

Supervisors of roads, their duty 298 

Swearing profane, prhibited 200 

Sheriff, remedy over agst bail as agst deft. 315 

Office judgment agst. may be set aside ibid 

Subpoenas to be issued agreeable to apportionment 320 

Slander limited to one year 321 

Sciere facias, may issue and new breaches assigned ibid 

Seal, instrument having scrawl equal to seal 324 

Surveyor to be appointed by gov. take oath and give bond 335 

To nominate deputies to be appointed by gov. ibid 

Pay one sixth of fees to territory ibid 

Failing to nom. C. P. to nom. 336 

Depy. incapacitated by agreeing to extra compensation ibid 

To appoint chain carries, who shall take oath ibid 



INDEX 637 

Their fees for specified services ibid 

For platt may authorise distress on goods &c. 338 

To make out fee bills and put in shffs. hands bj^ 20 Jan. ibid 

Their fees to be collected by 10th Apl. by distress &c, ibid 

Sheriff to receive fee bills surveyors, collect and account by last 

of May 339 
Failing to account and pay over, after deducting 6 per cent 

may be motioned agst and judgt had giving ten days notice ibid 

Motions agst. by surveyors what shall be evidence ibid 

Servants domestic and foreign perform their contracts specly. 340 

To be furnished by master with food and cloathing ibid 

Consenting may be transfered and how 341 

Disobedient or lazy may be punished ibid 

111 treated or abused may complain 342 

May acquire and hold property ibid 

Of color shall not purchase white servants 343 
Trading with without consent, be fined or whipped ibid & 344 

To be whipped where white persons are fined 344 

Serving out time, to apply to C. P. and obtain certificate ibid 

Forging or stealing certificate how punished 345 

Traveling without pass, may be and how punished ibid 

Being upon the plantation of another person punished 346 

For riots &c. punished by J. P. ibid 

INDEX 

xxiv 
page 

Harbouring of, finable 100 dolls. 346 

Assisting of to abscond finable 500 dolls. ibid 

Sherifif his fees in several courts 353 

Secretary his fees 356 

Surveyor his fees 357 

Sheriffs to collect clerks and other shfifs. fees 362 

Sued, plead genl. issue and give act in evidence 363 

Pay fees over by last of May deducting ten per cent ibid 

His executors &c. liable and what evidence agst. ibid 

Poundage &c. to be levied on executions 364 

To be county treasurer and his duty 384 

Seal, tax thereon what 386 

Securities, apprehensive of insolvency &c. may notify obligee 415 

Obligee failing to proceed, loose remedy agst security 416 

Like relief to executor and admrs. of either ibid 

Not to effect bond with collateral conditions &c. ibid 

Nor to effect the principals ibid 

Paying money obtain judgment by motion 417 

Pay several parts in case of insolvency of prin. ibid 

By motion and judgt. of court 418 

Not to confess judgt. &c if other security tendered ibid 



638 ILLINOIS HISTORICAL COLLECTIONS 

Bail having paid money may obtain judgt. ibid 

Ten days notice before judgt. 419 

Services, see expences 
Sheriffs duty of, serve and return writs &c. under what penalty 

and liable to action of party grieved 450 

Making false return, to what liable 451 

In case of contested property, to summon jury and try right 

verdict be his justification 452 

Withholding money, making improper return, or suffering 
escape having ten days notice may be motioned agst. for 
amount reed., with certain interest, and judgt. had 454 

Failing to return exon. having notice, may be fined how much 

and for whose benefit 454 

Having report of fines due county 1st March and not paid 
him by 1st May cause atto. genl. to motion vs. them & how 456 

St. Clair, shff. of as assessor assess and return assmt. to auditor 

having been corrected by the court 466 

Collector of, to collect and pay over when and how ibid 

Sheriff of, refusing &c. fined and and how recovered 467 

Their fees what ibid 

Lands sold in when and how redeemable ibid 

Circuit courts of, altered and to what period 468 

Suits and prosecutions, corned, under former laws how conducted 540 



Taverns, to be licenced by the court of common pleas 87 

INDEX 

XXV 

page 
Penalty for games or disorderly conduct in 88 
Tavern-keeper, to set up a list of lawful rates in the most pub- 
lic room of his tavern 92 
Tenants, proceedings against such as refuse to quit at the end 

of their term 158 

Testaments 68 

Timber &c. penalty for cutting &c. 187 

Treating or bribing, how punished 240 

Treason, what deemed such, and how punished 19 

Trees, penalty for cutting &c. on lands secured for public uses 189 

Trespass, how satisfaction to be made for 101 

In replevin &c. limited to five years 320 

In assault &c. limited to three years 321 

Trial new, not more than two to same party, same cause 324 

Tax county, what property and persons exempt from paymt. of 366 

Treasurer, sheriff of county be, and his allowance 384 

Set up accounts at court house door, shewing &c. and 

refusing, be fined, how recovered and disposed of 385 



INDEX 639 

Tax on law process, see process. 

Treasurer Territorial, to be appointed by governor, pleasure 433 

Give bond to governor ibid 

Governor may require additional security from 434 
Going out of office deliver papers to successor, who shall 

report to legislature, if confirmed, bond discharged ibid 
To receive taxes and public monies ibid 
Not to pay money without certificate of auditor, ex- 
cept &c. ibid 
Keep account of monies received and paid, and lay same 

before legislature 435 
Make monthly return to auditor ibid 
Present, to deliver books and monies to successor ibid 
Specific approprirtion for relief of, and to purchase chest 466 
Territorial Tax, court common pleas, when to appoint an asses- 
sor, to take oath &c. 517 
Assessor return oath, how and where 518 
Assessor dying &c. court to appoint successor, take oath &c. ibid 
Auditor procure abstracts, &c, deliver to elks, for assessers ibid 
Assessor receive list under oath, set down in writing, and in- 
form holder of amount of valuation 519 
Advertise for taking list, when and where ibid 
May receive list after, or list them himself 520 
Fraudulent list, or failing to list what remedy for ibid 
Non residents to be listed, or assessor to list ibid 
Form of list, when to be made, and how disposed by assessor 521 
To be laid before court, and when court to hear complaints 
and make corrections 522 

INDEX 

xxvi 

page 

Clerk make out two copies and how disposed of 522 

Or assessor neglecting fined, how and for what use ibid 

And compensation to 523 

Assessments and valuation to be made quadrennially ibid 

Abstracts &c. be procured by auditor annually, and sent to 

assessors ibid 

Rate of assessment and when payment to be demanded 524 

Land advertised, laid off and sold, how may be redeemed &c. ibid 

Judge of common Pleas to be notified, and his compensation 525 

Sheriff adv. and make return, and how, guilty of fraud &c. ibid 

Land unsold, again advertised, and how 526 

Sheriff give purchaser cert, not to purchase for himself &c. ibid 

Land sold, redeemable when any how, and its effect &c. ibid 

Lien from what time, and its effect 527 

Transfers to be entered with clerk in book, when and how ibid 

Sheriff pay over tax, and when, and his compensation 528 



640 ILLINOIS HISTORICAL COLLECTIONS 

Auditor publish extracts, how, when and where ibid 

Assessor give bond, and how disposed of ibid 

Sheriff give bond, and how disposed of 529 

Sunday, duty faUing on, be performed next day ibid 

Billiard tables, to be entered how and when ibid 

Neglecting to enter, fined, how and what sum ibid 

Sheriff make sale goods, lien on table 530 

Audited accounts, be received by sheriff in payment of taxes ibid 
See Dearborn. 

Treasurer Territorial, allowance, and for what 536 

U 

Umpire, law regulating his proceedings 176 

Unlawful assemblies fines and how dispersed 23 

Usurpation, what deemed such and how fined 28 

University, incorporated, style and trustees thereof 437 

Trustees of, not possess at 1 time more than 100,000 acs. land 438 

May sell part of siminary township ibid 

May supply vacancies when and how 439 

May hold extra meetings when and how ibid 
Make by-laws annual &c. appoint officers &c. ibid & 440 

Eelect a president standing and pro tem 440 

Establish an university and appoint officers ibid 

Powers and duties of officers, teachers &c. 441 

Trustees to make buildings and establish rules, &c. ibid 

Establish library, procure books make rules &c. 442 

Appoint a professor agree for salary &c. ibid 

No particular religion to be taught in 443 

To assist in civilization of savages, taught gratis ibid 

Students in may be taught gratis, when &c. 444 

Professors in exempt from militia duty ibid 

INDEX 
xxvii 

page 

Females may be educated in, when &c. 444 

Trustees of establish grammar school employ master &c. ibid 
To raise money for certain purposes, by lottery and how and 

make report to legislature 445 

Time of first meeting of trustees ibid 



Verdict, form of in certain cases 147 

Report of referrees, to have the same effect as a verdict in 

certain cases 178 

Upon faulty counts may be discharged 324 

Omit price &c. court award writ of inquiry 327 



INDEX 641 

Valuation, of houses &c. may be appealed from to court of com- 
mon pleas, and when 383 

Vincennes Borough of, incorporated and its boundaries 410 

Nine trustees of, their title and oath 411 

Remain three years, to be classed, how and for what ibid 

Power and authority of trustees thereof 412 

May order committments to jail ibid 

Elect chairman and clerk 413 

Purchase ground, erect market house, and widen streets &c. ibid 

Give publicity to by-laws 414 

Lay detailed proceedings before legislature when required ibid 
Library company, see library. 

Vagrants, who deemed such 483 

To be taken up by warrant and how dealt with ibid 

Difference between vagrant minors and adults 484 

To be hired out or whipped ibid 

Hire how applied ibid 

Bond forfeited, court award execution 485 

Officers and grand jury, present vagabond and how dealt with ibid 

W 

Warrant for a jury of inquest, to whom directed 43 

To impannel a jury of freeholders, form of 145 

Warrants, duty of jailor's as it respects them 52 

Widow, how to take her two thirds, when estate is entire 117 

Not commit wilful waste 118 

Wife of intestates, to have one half of the estate, where there 

are no representatives 77 

Wills last, the courts to have due regard to the directions of 72) 

Wills written, good conveyances of the estate devised &c. 84 

Wills noncupative, bequeathing more than to a certain amount 

declared void 86 

Wills, limitation of proof, as it respects them ibid 

Law concerning, not to effect mariners, &c. 87 
Probate of, declared matter of record, and may be given in 

evidence 84 

INDEX 

xxviii 

page 

Women, stealing and marrying them, how punished 38 

Deserting their children, how to be dealt with 136 

Woods, firing of, how punished 143 

Writs, regulations concerning 10 

How returnable 14 

Writs of ad quod damnum, and proceedings thereon 194 

Of attachment against whom it may issue &c. 63 

Of Habeas Corpus &c. by whom issued 12, 13 



642 ILLINOIS HISTORICAL COLLECTIONS 

Witness, negro, &c. cannot be evidence except in causes be- 
tween themselves 324 
Writ agst. Wio or more may be served on one and how returned ZZZ 
Witnesses, their fees in the several courts of record 355 
Before a magistrate 358 
Weights and measures, to be procured by court of C. P. 399 
Of what materials and size 400 
To be kept by elk. for trying, &c. ibid 
When procured notice to be given ibid 
Selling by other fined and for what use ibid 
Clerk to try others by these of county ibid 
Remain till congress pass act 401 
Wolves, what persons killing of shall be paid what and how 478 
Head and ears be produced before justice, and oath taken ibid 
Justice read fourth section grant certificate, upon which court 

grant order to treasurer, justice have ears cut off 479 

Persons finable and how for receiving reward, not being entitled ibid 

Wallace George jr. allowance to, and for what 537 



ACTS 



OF 

ASSEMBLY 
PASSED AT THE SECOND SESSION 

OF THE 

SECOND GENERAL ASSEMBLY 

OF THE 

INDIANA TERRITORY. 

Begun and held at the Town of Vincennes, on 

Monday the twenty sixth day of September, 

A. D. one thousand eight hundred and eight. 



^ -i* H* ^ 



Printed by Authority, and under the Inspection of 
the Committee. 



; 5i= * * * : 

VINCENNES, 

Printed by ELIHU STOUT, 

Printer to the Territory. 

1808. 



COUNTIES, 1808 



645 



ACTS 



OF 



THE INDIANA TERRITORY. 



County esta- 
blished. 



CHAPTER I. 

AN ACT to form a new County out of the Counties of Knox and Clark. 

§ 1. BE it enacted by the Legislative Council and House 
of Representatives, and it is hereby enacted by the authority of 
the same. That from and after the first day of December next, 
all that part of the counties of Knox and Clark, which is included 
in the following boundaries, shall form and constitute a new 
county, that is to say; beginning at the point on the river Ohio, Boundaries. 
where the meredian line from which the ranges take number, 
strikes the same, thence due north to the present Indian boundary 
line, thence with the said boundary line, to the intersection of the 
same by the line which divides the fourth and fifth ranges east, 
thence with the latter to the above mentioned boundary line, be- 
tween the Jeffersonville, and Vincennes districts, and with the 
same to the intersection of the line dividing the fifth and sixth 
ranges, thence with the said range line until it strikes the Ohio 
River, and thence down the same, with the meanders thereof, to 
the place of beginning. 

§ 2. Be it further enacted, That the said county shall, from 
and after the said first day 

(4) 

of December next, be known and designated by the name and Name and 

style of the county of Harrison, and it shall enjoy all the rights, ^™e of ope- 
privileges and jurisdictions, which to a seperate county do or 

may properly appertain and belong: Provided always. That all j^q^. ^q effect 

suits, pleas, plaints, actions and proceedings which may, before suits now de- 
the said first day of December, have been commenced, instituted 



646 



ILLINOIS HISTORICAL COLLECTIONS 



Nor taxes 
due. 



Terms of 
circuit & o- 
ther courts 
therein. 



Seat of Jus- 
tice. 



and depending within the now counties of Knox and Clark, shall 
be prosecuted to final judgment and effect, in the same manner as 
if this act had never been passed: And provided also, That the 
Territorial and county levies or taxes which are now due within 
the bounds of the said new county, shall be collected and paid 
in the same manner, and by the same officers as they would have 
been, if the erection of said new county had not taken place. 

§ 3. Be it further enacted, That the Judges of the General 
court, or some one or more of them, shall hold a Circuit court 
in the said county, on the last Monday of May, annually; and 
that the terms of the court of Common Pleas of the said county 
wherein business of a civil and criminal nature is transacted, shall 
be at the following annual periods to wit : on the second Wednes- 
days of January and May, and the third Wednesday of September ; 
and the three other annual sessions thereof, which are intended 
by law for county purposes, at the following periods, to wit: on 
the second Wednesdays of March, July and November. 

(5) 

§ 4. And be it further enacted. That in compliance with the 
wishes of the good people within the bounds of the said new 
county, the seat of Justice thereof shall be, and is hereby fixed at 
the town of Corydon. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 
President of the Legislative Council. 
Approved— 11th October, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER n. 

AN ACT to amend an act, entitled "An Act for opening and regulating 
Public Roads and Highways. 

§ 1. WHEREAS, the expence of laying out public roads in 
the different counties, is found, not only burdensome, and a 
great means of draining the the county treasuries of their 
funds, but is altogether useless and unnecessary. 



ROADS, 1808 



647 



BE it thefore enacted by the Legislative Council and 
House of Representatives, and it is hereby enacted by the author- 
ity of the same. That so much of the fourth section of the act to 
which this act is an amendment, as makes it necessary, 

( 6 ) 

and authorises the court to which appHcation is made, to appoint 
a surveyor for any road about to be established, or which may 
hereafter be established; and so much of the said act as provides 
for, and allows a compensation to the supervisor, shall be, and the 
same are hereby repealed. 

§ 2. Whereas, by the act to which this is an amendment, it is, by 
the tenth section thereof, provided that all male persons of 
the age of twenty-one years, and not exceeding fifty, who have 
resided thirty days in any township in any county within this 
territory, and who are not a county charge, shall be liable, as in 
the said law is directed, to work on the public roads and high- 
ways : A7td whereas, Young men of the age of eighteen years, 
are equally able to work on the said roads and highways, as 
those above that age; 

Be it therefore enacted, That all male persons between the 
ages of eighteen and fifty, years, shall be liable to work and 
labour on the public roads and highways, in the same manner, 
and for the same number of days, as persons above the age of 
twenty one years, are, by the said act bound to work, on pain of 
paying the fine in the said law mentioned, which shall be recover- 
able in the manner therein mentioned, notwithstanding the non- 
age of the said person by 

(7) 

this law made liable to work on the said roads and highways. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 
President of the Legislative Council. 
Approved— October 14, 1808. 

WILLIAM HENRY HARRISON. 



Expence of 
survejdng & 
compensa- 
tion to super- 
visors done 
away. 



Persons be- 
tween 18 & 
50 to work 
on roads. 



648 



ILLINOIS HISTORICAL COLLECTIONS 



Divorce de- 
clared and 
marriage le- 
galized. 



Birth of the 
child legita- 
mised. 



CHAPTER III. 

AN ACT for the relief of Catherine Moore. 

§ 1. WHEREAS, it has been reiDresented to the Legislature, that 
Catherine Moore, of Clark county in this territory, was for- 
merly married to one John Prince, who not only run through 
her property, and ill treated her, but likewise deserted her : 
And whereas, It has likewise been represented, that the said 
Catherine Moore, then Catherine Prince, feeling herself de- 
serted by her said husband, and being in a forlorn and dis- 
tressed situation, and being informed of the said John Prince, 
having contracted a second marriage, she was induced to con- 
tract on her part a marriage with one Robert K. Moore, of 
the said county of Clark, but now deceased, by whom she had 
one child, which is now living: And as some 

(8) 

doubts have arisen with respect to the legality of her marriage 
with the said Robert K. Moore, and as to the legitimacy of the 
birth of her said child ; for quieting whereof, 
BE it enacted by the Legislative Council and House of Represen- 
tatives, and it is hereby enacted by the authority of the same, 
That the said Catherine, and the said John, shall be, and they 
are hereby divorced from the banns of matrimony contracted 
between them ; and the marriage which was contracted by the 
said Catherine, with the said Robert K. Moore, is hereby legal- 
ized to all intents and purposes, and shall be so taken and esteemed, 
as well within, as without, all courts of judicature, and tribunals 
whatsoever, any law, usage or custom to the contrary hereof in 
any wise notwithstanding. 

§ 2. And be it further enacted. That the birth of the said 
child of the said Catherine, by the said Robert K. Moore (by the 
name of Sarah Lloyd Moore) shall be, and the same is hereby 
legitamised, to all intents and purposes, and shall be henceforth 
taken, deemed, held, and considered, in all transactions whatsoever, 
either civil or criminal, as the legitimate offspring of the said 
Robert K. Moore, and Catherine his wife. 



FEES, 1808 



649 



(9) 

This act shall take effect and be in force from and after the 
passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 
President of the Legislative Council. 
Approved— October 17, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER IV. 

AN ACT to amend an act, entitled "An Act regulating the Fees of the 
several Officers and persons therein named. " 

§ 1. WHEREAS, numerous, and in some cases, just complaints 
do still exist among our citizens with respect to the exorbitancy 
of the Clerks fees of the courts of record in this territory; 
and likewise that they are compellable by execution, to pay 
large sums of money for fees, without knowing for what ser- 
vices they do pay : for remedy whereof ; 

BE it enacted hy the Legislative Council and House of Rep- 
resentatives, and it is hereby enacted hy the authority of the same, 
That in all cases, or judgments upon which execution may, or shall 
hereafter be 

B 

(10) 

issued from any court of record in this territory, the Clerk of 
the court from whence the same may so issue, shall, at the time 
of issuing thereof, make out under his signature, and deliver to 
the Sheriff or Coroner, as the case may be, with the execution, a 
detailed bill of the costs in the said suit from its commencement 
to its termination, in order that the party paying the same, may 
certainly know, with, and for what, he is chargeable; which said 
bill, the said officer, to whose hands the execution may so come, 
shall deliver to the party against whom the execution may be, so 
soon, and upon his replevying for, or paying the same, together 



Clerk to 
make fee bill 



with execu- 
tion. 



Officer to re- 
ceipt for. 



650 



ILLINOIS HISTORICAL COLLECTIONS 



Clerk or offi- 
cer failing fi- 
ned and to 
whose use. 



Non resi- 
dents to give 
resident se- 
curity for 
costs. 



with his certificate thereon, that the same was so replevied for, 
or paid by the said person. 

§ 2. And be it further enacted, That should any officer con- 
cerned in the issuing or executing any execution hereafter to be 
issued as aforesaid, fail in the duty enjoined upon them, in the 
preceding section hereof, they shall severally, and respectively, 
forfeit and pay to the party, or person injured the sum of fifty 
dollars, with costs, to be recovered in any court of record in this 
territory, by indictment or information ; and no imparlance or 
delay shall be allowed therein, any law, usage or custom to the 
contrary thereof, in any wise notwithstanding. 

This act shall take effect, and be in force 

(11) 

from and after the first day of November next. 

LUKE DECKER, 
Speaker pro tern. House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 22, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER V. 

AN ACT sapplemental to an act, entitled "An Act regulating the Practice 
in the General Court, and Courts of Common Pleas and for other 
purposes. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That no suit shall hereafter be commenced in any court in 
this territory, by any person who is non-resident, or who is not a 
freeholder in said territory, until he shall file in the Clerk's office, 
a bond with security, who shall be a freeholder, and resident in 
the territory, conditioned for the payment of all costs that may 
accrue in consequence thereof, either to the opposite party, or to 
any of the officers of such courts; which bond shall be in the 
form, or to the purport following: 



PRIVATE ACTS, 1808 
(12) 



In the 



County, I 
court i 



set. 



A. B. 

vs. 
C D. 



651 



Form of 
bond. 



I do hereby enter myself security for costs in the above cause, 
agreeably to the laws of the territory, the day of ." 

§ 2. And he it further enacted, That in all cases where se- Clerk may 
curity for costs hereafter shall be entered, it shall be lawful for ^and sheriff 
the Clerk to issue fee bills against such security for costs, in the shall collect. 
same manner, and at the same time, as fee bills are by the laws 
of the territory directed to be issued : and it shall be the duty of 
the Sheriff to levy, collect, and receive, and pay over the amount 
of such fee bills at the several times, and in the manner in the 
said laws mentioned, under the pains and penalties in the same 
laws also mentioned. 

This act to be in force from the passage thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 22, 1808. 

WILLIAM HENRY HARRISON. 

(13 ) 

CHAPTER VI. 
AN ACT for the relief of Nicholas J arret. 

§ 1. WHEREAS, Nicholas Jarrot, esquire, acted as one of the 
Judges of the election holden in the county of St. Clair, for 
a member to represent the said county in the General Assem- 
bly of this territory, in the year one thousand eight hundred 
and five, which election it appears, was interrupted, and broken 



652 



ILLINOIS HISTORICAL COLLECTIONS 



up, by a combination of disorderly citizens ; upon which the 
said Nicholas Jarrot, by advice of his colleague, William 
Biggs, esquire, forwarded an express to the Executive of the 
territory, at the expence of twenty-four dollars : And whereas, 
It is thought unjust that the said expence should become a 
private burden, but that the same being a necessary expence, 
accruing out of the said election, that therefore the same 
should be remunerated the said Jarrot, by the county in which 
the election was holden : 

BE it therefore enacted by the Legislative Council and House 

of Representatives, and it is hereby enacted by the authority of 

An allowa- the same, That the county treasurer, of the county of St. Clair, 

v^ence to"^ ^^' ^"^ ^^ ^^ hereby authorised and directed to pay to the said 

be received. Nicholas Jarrot, the said sum of twenty-four dollars, out of any 

monies in his hands not otherwise disposed of. 

(14) 

This act shall take effect, and be in force from and after the 
passing thereof. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 22, 1808. 

WILLIAM HENRY HARRISON. 



Exors. or ad- 
mors. unless 
prevented by 
will or order 
of court to 
sell property 
on credit. 



CHAPTER VII. 

AN ACT to amend an act, entitled "An Act authorising the granting of 
Letters Testamentary, and Letters of Administration, for the settle- 
ment of Intestates estates, and for other purposes. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That all the moveable property of any person or persons, 
dying testate or intestate, in the territory, shall, unless otherwise 
directed by the will of such testator, or by a rule or order of the 
court of Common Pleas of the county, be sold by his, her, or 
their executors or administrators, by public vendue, to the highest 



PROBATE, 1808 



653 



bidder, on a credit of at least three months, the purchaser or pur- 
chasers giving bond with security, to be approved of by the execu- 
tor or administrator, for the payment of their purchase mo- 

(15) 

ney at the time mentioned in the conditions of sale, either with, 
or without interest, as expressed in such conditions : Provided 
however, That the executor or administrator shall give at least 
ten days previous notice of such sale, by public advertisements 
set up in the neighbourhood of the deceased's late place of resi- 
dence : Provided also. That executors or administrators may make 
it a part of the conditions of such sale, that purchases under three 
dollars, shall be paid down. 

§ 2. Be it further enacted, That administrators in settling 
the accounts of their administrations, shall be charged with, and 
accountable for the nett proceeds of such sales, notwithstanding 
the same may amount to more, or less, than the appraised value. 

§ 3. Be it further enacted, That no action, or suit, shall 
hereafter be maintainable against any executor, or executors, ad- 
ministrator, or administrators, for debts due by the testator, in- 
testate, at the time of his death, before the expiration of twelve 
months after the granting of the first letters of administration, 
or letters testamentary; and if any such action, or suit, shall be 
brought, contrary to the provisions of this act, the same shall be 
dismissed by the court with full costs. 

This act shall take effect, and be in 

(16) 

force from and after the first day of January next. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 24, 1808. 

WILLIAM HENRY HARRISON. 



First adverti- 
sing. 



Certain sums 
to be paid 
down. 

Accounta- 
ble for the a- 
mount of 
sale. 



No suit shall 
be sustained 
against them 
untU expira- 
tion of 12 
months. 



654 



ILLINOIS HISTORICAL COLLECTIONS 



CHAPTER VIII. 

AN ACT supplementary to an act, entitled "An Act to authorise the Pro- 
prietors of Land in the Lower Prairie, in the County of Knox, to in- 
close the same, and for other purposes. 

§ 1. THAT WHEREAS, the rule prescribed in the twenty-first 
section of the act to which this is a supplement, to apportion 
the labour to be performed in making and maintaining the 
dike, or embankment, among the said proprietors, is found to 
be unequal and oppressive, for remedy whereof ; 
BE it enacted by the Legislative Council and House of Rep- 
resentatives, and it is hereby enacted by the authority of the same, 
Supervisor of That the supervisor of the dike, or embankment, shall apportion 
Dort"o° l^bor ^^^ ^^^^ labour among the said proprietors, in proportion to the 
number of acres of land which 

(17) 

each of them claims within the said enclosure. 

§ 2. Be it further enacted, That the election of Supervisors 
of the dike, made by the proprietors who attended on the first 
Monday in October, of the present year, be, and the same is hereby- 
declared to be as valid, in every respect, as if the same had been 
made by the said proprietors, or a majority of them; and that the 
several elections of Syndic, and Supervisor, at the times provided 
for by the act aforesaid, may, and shall be held and determined 
by a majority of the proprietors who shall attend and vote thereat ; 
any clause, or thing, in this, or the said act, to the contrary not- 
withstanding. 

§ 3. Be it further enacted, That it shall be lawful for the 
said proprietors from and after the last day of October, one 
thousand eight hundred and eight, to carry into efifect the nine- 
teenth section of the act to which this is a supplement, anything 
in the said act to the contrary notwithstanding. 

§ 4. Be it further enacted. That the owner of any horse, mare, 
colt, cattle, sheep, lambs, hogs, or pigs, which shall be found tres- 
passing or straying within the said enclosure, shall be, and hereby 
are declared liable to make good all the injury or damage occa- 



Election of 
supervisors 
valid. 



Majority of 
proprietors 
who attend 
shall elect 
officers. 



Proprietors 
to carry into 
effect part of 
former act. 



Owners of a- 
nimals liable 
for trespasses 



ENCLOSURES, 1808 



655 



sioned by such animals, to any proprietor, or cultivator of lands 

therein, who may sue for, and recover his, her, or their damages Their reme- 

therefor, with costs, before any court or magistrate in the 



dy. 



If no owner 
to be found 
how to pro- 
ceed. 



Grass and 
weeds to be 
burnt from 
fence. 



(18) 

county; saving to every such owner, his remedy over therefor, 
against any proprietor or lessee, over, or through whose fence by 
reason of its insufficiency, such animal may have come into the 
said enclosure. 

§ 5. Be it further enacted, That when any of the said animals 
shall be found as aforesaid, and the owner, or owners cannot be 
known, or found, any person may seize and distrain such animals, 
and thereupon proceed as is provided in an act entitled, "An act 
concerning trespassing animals.' 

§ 6. Be it further enacted. That each and every proprietor 
or cultivator of land within the said enclosure, shall, on the last 
Monday of October, if fair, if not, on the next fair day, yearly, 
and every year, move and burn, or cause to be moved and burnt, 
all the grass and weeds growing, adjoining his, her or their fence, 
not exceeding fifteen feet from each side thereof, under the direc- 
tion of the Syndic, whose duty it shall be, to attend and give notice 
thereof to every proprietor or cultivator, one day previous to the 
said last day of October, yearly ; and if any of the said proprietors, 
or cultivators, shall refuse or neglect to move and burn the said 
grass and weeds, as aforesaid, the Syndic shall forthwith cause 
the same to be done, at the cost and charges of every such de- 
faulter, and shall recover the expences thereof, with costs, as 
aforesaid. 

§ 7. And he it further enacted. That 

(19) 

it shall be lawful for the said proprietors, or cultivators, between Cultivators 
the first and fifteenth day of March, yearly, to burn all the grass, g^^^^ig ^c. 
weeds, and stubbles, on his, her, or their lands, within the said 
enclosure: Provided always, That any proprietor, or other per- 



656 



ILLINOIS HISTORICAL COLLECTIONS 



Allowance 
to Stout & 
Smoot what, 
and how to 
be paid. 



Allowance 
to the com- 
mittee of 
printing 
what 



son, who shall thereby occasion any injury, or damage, to any 
other person, other than in his, her, or their grass, weeds, or stub- 
bles, shall be, and is hereby declared liable therefor, to any pro- 
prietor, or cultivater of lands within the said enclosure, to be re- 
covered as aforesaid. 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 24, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER IX. 

AN ACT for the relief of tlie Printers of tJie Revised Code, and for other 
purposes. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same, That there shall be allowed and paid out of the contingent 
fund appropriated at the last session for this purpose, and out 
of any other monies in the treasury, ei- 

(20) 

ther of the contingent, or general fund, to Elihu Stout, and George 
C. Smoot, the contractors for printing five hundred copies of the 
Revised Code, and Acts passed at the last session of the Legis- 
lature, together with the Index, and for binding the same, the sum 
of six hundred and ninety-five dollars ; and the Auditor of public 
accounts, is hereby authorised and directed to audit and give one 
or more warrants for the same accordingly. 

§ 2. Be it further enacted. That there shall be paid out of any 
monies in the treasury not otherwise appropriated, to the follow- 
ing persons, for the following services, the following sums of 
money, to wit: to General Washington Johnston, one of the com- 
mittee appointed by the Legislature at the last session, for attend- 
ing to the printing, collating, making marginal notes, and Index, 



SLAVES AND SERVANTS, 1808 657 

binding and distributing the Revised Code, and Acts of last ses- 
sion, the sum of fifty dollars ; to John Rice Jones, the other mem- 
ber of the same committee, for the services performed by him in 
the business aforesaid, thirty dollars. . 

§ 3. And he it further enacted, That the said printers, and securities re- 
their securities, shall be, and they are hereby severally, and re- leased from 
spectively released, exonerated and discharged from the bond 
given by them for the performance of the agreement entered into 
by the said Stout and Smoot, for the printing of the said Laws, 
and which is now depo- 

(21) 

sited in the Secretary's office of this territory. 

This act shall take effect and be in force from and after the 
passing thereof, 

JESSE B. THOMAS, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 24, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER X. 

AN ACT to amend an act, entitled "An Act concerning Servants, and for 
other purposes." 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the Persons suf- 
same. That if any person, or persons, shall permit, or suffer, any ^^""S serv- 
slave, or slaves, servant, or servants of colour, to the number of semble on 
three, or more, to assemble in his, her, or their house, out house, premises for 
yard, or shed, for the purpose of dancing, or revelling, either by ned how 
night, or by day, the person, or persons so offending shall forfeit much & for 
and pay the sum of twenty dollars, with costs, to any person, or 
persons, who shall sue for, and recover the same, by action of 
debt, in- 



658 



ILLINOIS HISTORICAL COLLECTIONS 



Peace offi- 
cers to send 
such revel- 
lers to jail. 



And have 
them several- 
ly whipped. 

By whom- 



Exceptions 
when by 
leave & be- 
having well. 



(22) 

formation, or indictment, in any court of record proper to try the 
same. 

§ 2. Be it further enacted, That it shall be the duty of all 
Coroners, Sheriffs, Judges, and Justices of the Peace, who shall 
see or know of, or be informed of any such assemblage of slaves 
or servants, immediately to commit such slaves or servants, to the 
jail of the said county; and on view or proof thereof, to order each 
and every such slave or servant, to be whipped, not exceeding 
thirty nine stripes, on his or her bare back, on the day next suc- 
ceeding such assemblage, unless it shall happen on a Sunday, then 
on the Monday following; which said stripes shall be inflicted by 
any Constable of the township, if there should be one therein, or 
otherwise by any person or persons whom the said Justices shall 
appoint, and who shall be willing so to inflict the same : Provided 
however, That the provisions hereof shall not apply to any per- 
sons of colour, who may assemble for the purpose of amusement, 
by permission of their masters first had in writing, on condition 
that no disorderly conduct is made use of by them in such as- 
semblage. 

This act shall take effect, and be in force 

(23) 

from and after the first day of January next. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 25, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XI. 

AN ACT to amend an act, entitled "An Act establishing Courts for the 
Trial of Small Causes. 

§ 1. WHEREAS, abuses have arisen from the operation of that 
pait of the law of the territory, to which this act is an amend- 



SMALL CAUSES, 1808 659 

ment, which provides that actions of debt, or other demand 
should be made cognizable before any Justice of the Peace, or 
Magistrate in the township in which the plaintiff resides : for 
remedy whereof ; 

BE it enacted by the Legislative Council and House of Rep- 
resentatives, and it is hereby enacted by the authority of the same, 
That every action of debt, or other demand (except as in the said Suits to be 
law is excepted) shall be, and the same is hereby made cognizable ^^^ conttac- 
before any Justice of the Peace, or Magistrate, in the township ted or defen- 
either where ^^^* f°"^^- 

(24) 

the debt or cause of action was contracted or arose, or where the 

defendant resides or may be found, and not elsewhere. 

§ 2, And whereas, doubts have arisen whether Magistrates in one 

township, have by law authority to compel the attendance of 

witnesses residing in any other township in the same county, 

for obviating of which doubts ; 

Be it further enacted. That in all actions and causes properly Justice may 

examinable into before any Justice of the Peace in any township subpoena wit 

■^ •> . nesses from 

in this territory, for the trial of small causes, such Justice may any town- 
issue his subpoena to compel the attendance of witnesses on any ^^^P* 
trial before him, from any other township in the same county ; 
and if any person being duly subpoenaed as a witness in any cause Failing to at 
cognizable before a Magistrate for the trial of small causes, shall -^^^ nufch 
neglect, or refuse to attend at the day and time in such subpoena &c. 
mention, he or she, so neglecting or refusing, shall be fined in 
any sum not exceeding the amount of the debt or demand sued 
for, to the use of the party on whose behalf such witness was so 
subpoenaed, for which fine with costs, the said Justice shall issue Execution to 
execution, against such witness, unless such witness within thirty ^®"® unless 
days after the said fine shall be by such Justice so laid, render 
on oath a reasonable excuse to the satisfaction of such Magistrate 
for such delay: Provided, That no such witness shall be finable prerequisites 
unless such subpoena shall have been served at least two days ^^^^^ 
before 



660 



ILLINOIS HISTORICAL COLLECTIONS 



Witness liv- 
ing out of 
county jus- 
tice grant de- 
dimus. 



Jurisdiction 
of justices of 
peace special 
and general 
how much. 



From what 
sums appeals 
may be had. 



Clerk to re- 
ceive full 
costs. 



Stay of exe- 
cution how 
long and for 
what sums. 



(25) 

the trial, where the witness resides within thirty miles of the place 
of residence of the Magistrate, and one day more for every thirty 
miles, or less, above that distance : Provided also. That where any 
witness lives out of the county, the Magistrate may, and he is 
hereby authorised to issue a dedimus to take the deposition of 
any such witness, as is usually done in the courts of record in this 
territory, and which shall be taken and read in evidence, under 
the same rules and regulations that such depositions are usually 
taken upon commissions issuing from the said court. 

§ 3. Be it further enacted, That the jurisdiction of the Jus- 
tices of the Peace in the township of Prairie du Chein, in the 
county of St. Clair, shall be, and the same is hereby extended to 
one hundred dollars : and that of the several Justices of the Peace 
throughout the other parts of this territory, shall be, and the same 
is hereby extended to forty dollars : Provided however. That the 
party or parties against whom any judgment may hereafter be ren- 
dered by such Justice of the Peace, shall be entitled to an appeal 
therefrom, as is provided in the law to which this act is an amend- 
ment, in all cases where the judgment, exclusive of costs, shall 
exceed the sum of three dollars ; And provided also, That upon 
such appeal, the Clerk of the court to which such appeal may be 
made, shall be entitled to, and receive full costs ; any law, usage or 
custom 

D 

( 26 ) 

to the contrary hereof in any wise notwithstanding. 

§ 4. And he it further enacted. That upon any judgment 
which may hereafter be rendered as aforesaid, no execution shall 
issue thereon until the expiration of thirty days, if the judgment 
be for the sum of six dollars or under ; or until the expiration of 
sixty days, if the judgment be for any sum above six, or under 
twelve dollars ; nor until the expiration of ninety days, if the judg- 
ment be for any sum of, or under eighteen, and above twelve dol- 
lars or upwards ; nor until the expiration of one hundred and 



COURTS, 1808 661 

twenty days, if the judgment be for any sum above eighteen dol- 
lars, and not exceeding thirty dollars ; nor until the expiration of 
one hundred and fifty days, where the judgment is thirty dollars 
and upwards, not exceeding forty dollars ; any thing in the said 
act, to which this is an amendment to the contrary contained not- 
withstanding. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 25, 1808. 

WILLIAM HENRY HARRISON. 

(27) 

CHAPTER Xn. 

AN ACT to alter and amend an act, entitled "An Act organising Courts of 
Common Pleas, and for other purposes. 

§ 1. WHEREAS, complaints have been made that the allowance 
given by law to Judges of the said courts is too high and ex- 
pensive for the counties to bear, 

BE it therefore enacted by the Legislative Council and House 
of Representatives, and it is hereby enacted by the authority of the 
same. That from and after the first day of January next, the Compensati- 
Judges of the said courts shall receive two dollars per day when sit- °V- *° Judges 
ting as Judgs of the court of Common Pleas. 

§ 2. Be it further enacted, That the following fees shall be al- Fees to judg- 
lowed, collected and paid, by the proper officer into the county g Common 
treasury. 

D.C. 
Every writ of capias and seal, 1 

For each action in court, - 75 

Signing every judgment, - - 25 

Taking bail, _ _ _ 50 

Acknowledging satisfaction on record, 25 

Taxing and signing bill of costs, 50 

Proof or acknowledgment of deeds, 75 



662 



ILLINOIS HISTORICAL COLLECTIONS 



Judges of C. 
P. not to be 
admrs. 



For every issued joined, 
For every trial, 
Granting referees. 
Approving- report of referees. 



Suits not to 
be removed 
from inferior 
to superior 
court after 
issue joined. 



1 

1 20 
50 
70 



(28) 



D. 



C. 

50 

50 



On surrender of principal in court. 
Hearing petition, and making order thereon, 
Allowing writ of error, habeas corpus, or certiorari, 
when presented from the Judges of the General 
Court, _____ 1 

§ 3. Be it further enacted, That no Judge of any court of 
Common Pleas within this territory, shall be appointed adminis- 
trator to the estate of any deceased person, unless such Judge shall 
by law be entitled thereto, as next of kin, to such deceased person. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 25, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER Xni. 

AN ACT in addition to an act, entitled "An Act regulating the Practice 
in the General Court, and Courts of Common Pleas, and for other 
purposes." 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and 

(29) 

it is hereby enacted by the authority of the same. That no suit, 
action, or plaint now depending, or which may hereafter be brought 
in any inferior court of record in this territory, shall be removed 
by an habeas corpus, or certiorari, to the General court, or other 
superior court, after issue joined in the court in which the said 
cause was commenced ; any law, usage or custom to the contrary 
thereof in any wise notwithstanding. 



COURTS, 1808 



663 



§ 2. Be it further enacted, That hereafter the General court 
of this territory may and shall continue in session for twenty days 
at each term (provided the business depending in the said court 
cannot be gone through in a shorter period) but no longer, when 
it shall adjourn 'till court in course; and the several courts of 
Common Pleas in this territory, at their sessions as described by 
law for county purposes, a time not exceeding three natural days ; 
and at each term as designated by law for the decision of suits 
and determination of disputes, a time not exceeding eight days, 
when they shall severally adjourn until court in course. 

§ 3. Be it further enacted, That the first, or presiding Judge 
of the General court, District court, or court of Errors and Ap- 
peals of this territory, shall collect, and he is hereby enjoined to 
collect, make up and deliver the opinion of the court, seriatim, 
in writing, with the reasons thereof, upon all questions and points 
of law, which may be decided by them ; which opinion 

(30) 

shall be by the said Judge, delivered to the Clerk, and by him 
recorded at full length, upon the records of the said court; and 
should either of the said Judges differ in opinion, the dissenting 
Judge shall have the reasons of his dissent entered of record in 
said suit. 

§ 4. Be it further enacted. That if the said Clerk shall fail 
or neglect to record the opinion of the court delivered as afore- 
said, he shall be fined the sum of fifty dollars, to be recovered 
by indictment or information, in any court of record within this 
territory, the one half for the use of the informer, and the other 
half to and for the use of the territory; and it shall be, and it is 
hereby made the duty of the Attorney General of this territory, 
to collect the said fines, and pay the same into the proper treasury. 

§ 5. Be it further enacted. That no declaration shall here- 
after be considered deemed or taken as necessary to be filed in 
any scieri facias, to revive a judgment, or foreclose a mortgage, 
in any court of record in this territory, any law, usage or custom 
to the contrary in any wise notwithstanding. 



GenrL court 
may sit 20 
days. 



County court 
3 days. 



Common P. 
8 days. 

Presiding 
judge of su- 
perior court 
to deliver o- 
pinion in 
writing. 



To be recor- 
ded by clerk. 

Dissenting 
judge how to 
act. 

Clerk failing 
to record, fi- 
ned how 
much, how 
recovered & 
to what use. 



No declara- 
tion necessa- 
ry on sci- fa. 
to revive or 
foreclose. 



664 



ILLINOIS HISTORICAL COLLECTIONS 



Tax on cat- 
tle & single 
men done 
away. 

C. P. lay tax 
on land, 
when, how 
much & how 
collected. 



For what 
purpose. 



Sheriffs com- 
mission what 



(31) 

This act shall take effect and be in force from and after the 
passing thereof. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 25, 1808. 

WILLIAM HENRY HARRISON. . . 

CHAPTER XIV. 

AN ACT to alter and repeat certain parts of an act, entitled "A Law to 
regidate County Levies." 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same. That so much of the said act as provides for laying, assess- 
ing, and collecting a tax on neat cattle, and able bodied single men 
who shall not have taxable property to the amount of two hundred 
dollars, shall be, and the same are hereby repealed. 

§ 2. Be it further enacted. That in lieu of the tax heretofore 
collected on neat cattle, and single men, the courts of Common 
Pleas, in each county respectively, shall, at the same time at which 
they levy the tax upon other objects of taxation, levy a tax on 
located lands, not exceeding ten cents in 

(32) 

each hundred dollars, which said tax of ten cents, shall be 
collected by the Sheriff's respectively at the same time and under 
the same regulations, conditions and provisions which are, or may 
be provided by law for the collection of the territorial taxes : 
Provided, that the whole of the tax collected under the authority 
of this section, shall be paid into the county treasuiy, and applied 
exclusively to county buildings. 

§ 3. And be it further enacted, That the Sheriff for the as- 
sessment and collection of county levies, shall be entitled to have 
and receive eight per cent only, on the amount of tax by him 



EXECUTIONS, 1808 665 

received and paid to the county treasurer, and no more ; any thing 
in the said law to the contrary notwithstanding. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XV. 

AN ACT to amend an act, entitled "An Act concerning Executions." 

§ 1. BE it enacted by the Legislative 

(33) 

Council and House of Representatives, of the Indiana Territory, 

and it is hereby enacted by the authority of the same. That where Optional 

any writ of execution shall hereafter issue out of any court of T^. ^ha^^s- 

record within this territory, against the estate of any defendant tate to deli- 

or defendants, the Sheriff or officer shall take in execution, all, ^^^ ^^ exon. 

or such part or parts of the real or personal estate or estates of 

such defendant or defendants as such defendant or defendants, 

designate or shew to such Sheriff, or other officer, and as will, in 

the opinion of such Sheriff or other officer, be sufficient to satisfy 

the amount of the said execution & costs ; and in case the said real If not suffi- 

and personal estate, or estates, so disignated or shewn, will not, cient sheriff 

in the opinion of such Sheriff or other officer, be sufficient to estate. 

satisfy the said execution and costs, then such Sheriff or other 

officer shall in such case only, levy on, and seize so much only of 

the defendant or defendants other real or personal estate, as will, 

in the opinion of such Sheriff or other officer, be sufficient to 

satisfy the remainder of the said execution and costs ; but in case 

such defendant or defendants, shall not shew or designate to such 

Sheriff or other officer, real or personal property to him belonging 

as will be sufficient to satisfy the said execution and costs, then If defendant 

ftnils to shew 
such Sheriff or other officer, shall seize and levy on the whole or property she- 

any part of the real or personal estate of such defendant or de- riff to take a- 



666 



ILLINOIS HISTORICAL COLLECTIONS 



ny he can 
find. 



Sheff. in sel- 
ling property 
dispose of 
parts requir- 
ed by deft. 



Shff. failing 
in duty how- 
fined and to 
what use. 



Property of 
principal to 
be first sold 
before sure- 
ties touched 
upon. 



Unless his 
choice. 



fendants, as he can find in his bailiwick, and as will be sufficient 
to satisfy such execution and costs. 

E 

( 34 ) 

§ 2. Be it further enacted, That when any Sheriff or other 
officer shall proceed to sell or dispose of any real or personal 
estate, by virtue of any writ of execution, he shall be obliged to 
sell and dispose (at the choice of the defendant or defendants,) 
either of the real or personal estate of such defendant or defend- 
ants, or such part or parts thereof, as he or they shall direct him 
so to dispose of, until the amount of the said execution and costs 
shall be made ; and if any Sheriff or other officer, shall either take, 
or sell and dispose of the real or personal estate of any defendant, 
or defendants, in any other manner than is directed by this law, 
such Sheriff or other officer, shall forfeit and pay to the defend- 
ant or defendants, whose property shall be so taken and sold, the 
full value of such real or personal estate, so taken and sold, to be 
recovered by bill, plaint, or information, in any court of record 
proper to try the same. 

§ 3. Be it further enacted, That when it appears on the face 
of an}^ writ of Fiere Facias, that any one or more of the 
defendant or defendants, against whom such writ is issued, are 
only security or securities, for any one or more of the other de- 
fendant or defendants in such writ named, the Sheriff or other 
officer, shall in such case, sell and dispose of all, or so much of 
the real or personal estate, of such principal defendant or defend- 
ants, as such Sheriff or other officer, shall be able to find in his 
bailiwick, as will satisfy the said execution and costs, before he 
shall set up or dispose of any part of the 

[35] 

real or personal estate of such surety, or sureties, unless the said 
Sheriff or other officer, shall be otherwise directed by such surety 
or sureties. 



SCHOOL LANDS, 1808 667 

§ 4. This act shall commence and be in force from and after 
the first day of January next. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XVI. 
AN ACT to amend an act, entitled "An Act respecting Crimes and Punish- 
ments." 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same. That if any person or persons, shall steal or purloin from Horse steal- 
any other person or persons, any horse, mare, gelding, mule, or i"S death. 
ass, he, she, or they, so offending, shall upon conviction thereof, 
suffer the pains of death: and if any person or persons shall re- Same pun- 

ceive any such horse, mare, gelding, mule or ass, knowing the ^shment to 

, , , , , , ,, , , receivers. 

same to be stolen, he, she, or they, shall be deemed prmcipally 

(36) 

guilty, and upon conviction thereof, shall also suffer the pains of 
death. 

This act shall take effect from its passage. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. . 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XVII. 

AN ACT providing for Leasing the Sections of Land reserved for the use 

of Schools. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 



668 



ILLINOIS HISTORICAL COLLECTIONS 



to lease lands 
upon what 
terms. 



What lessee 
shall do. 



Common P. same, That the several courts of Common Pleas, within this ter- 
ritory, shall be, and they are hereby invested with full power to 
lease the sections within their respective counties, which have 
been reserved for the use of schools, upon such terms and condi- 
tions, as shall appear to them best calculated to improve the same : 
Provided ahvays, That the lessees shall bind themselves to clear 
at least ten acres for every quarter section they may lease ; and 
that no lease shall be made for a longer term than five years, 
when the demised premises with the 

fences thereon, shall be delivered up in good repair. 

This act shall commence and be in force for the term of one 
year, and from thence to the end of the next sessions of the 
Legislature, and no longer. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives, 
JOHN RICE JONES, 

President of tJie Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XVni. 

AN ACT making appropriations for the ensuing year. 

§ 1. BE it enacted by the Legislative Council and House of 

Representatives, and it is hereby enacted by the authority of the 

Contingent same. That the sum of one hundred dollars, be and the same is 

fun^^what & '"'^''^^y appropriated for contingent expences; and that all monies 

how disposed received, or which shall be received into the territorial treasury, 

° ' shall be a general fund, for all monies allowed by law ; which 

contingent fund shall be subject to the order of the Governor, 

for expresses, and other incidents which cannot be foreseen, by 

the two houses, a statement where- 

(38) 

of shall be by him, laid before them at their next session. 



TAXATION, 1808 669 

§ 2. Be it further enacted, That there shall be allowed and Appropria- 

paid, for printing four hundred copies of the laws of the present ^?°" h^t^A^ 

session, a sum not exceeding three hundred dollars, to be paid how dispos- 

on the order of the joint committee of both houses for the dis- ^ °^* 
tribution of the laws. 

To the territorial Auditor, one hundred and fifty dollars. Specific ap- 

To the territorial Treasurer, one hundred dollars. propriations 

' what. 

To Peter Jones & Co. for stationery furnished at the present 

session of the Legislature, fourteen dollars and fifty cents. 

To the Attorney General, one hundred dollars, for the ensuing 
year. 

To Samuel Hayes, for fire wood, furnished at the present 
session of the Legislature, four dollars and fifty cents. 

To the county of Knox, for house rent, to the end of the 
present session, fifty dollars. 

To Elihu Stout, for printing in his weekly papers, the Jour- 
nals of both houses of the Legislature, for the present 
session of the same, fifty dollars ; to be paid 

( 39 ) 

him when the printing of the said Journals shall have 
been completed. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XIX. 

AN ACT concerning the collection of the Territorial Tax on Land, 
in the Counties of St. Clair and Randolph. 

§ 1. WHEREAS, the assessors of the territorial tax on land in 
the said counties of St. Clair and Randolph, have failed to 
make and return, as the law directs, a list and assessment 
in their respective counties for the present year, eighteen 



670 



ILLINOIS HISTORICAL COLLECTIONS 



Assessors to 

make out list 



How dispo- 
sed of. 



Sheriffs to 
collect. 

Proceedings 
heretofore 
had valid. 



hundred and eight, in consequence of which, no taxes can 

legally be collected in the said counties, either for the present, 

or ensuing year, for remedy whereof ; 

BE it enacted by the Legislative Council and House of Rep- 
resentatives, and it is hereby enacted by the authority aforesaid, 
That the respective Assessors of the said counties of St. Clair 
and Randolph, 

(40) 

heretofore appointed by the courts of Common Pleas thereof, 
are hereby directed immediately to proceed, and make out fair 
lists and valuation of all the located lands claimed in their re- 
spective counties, which lists, they shall dispose of as is re- 
quired in the law of the territory, entitled "An Act for levying 
and collecting a tax on land, and for other purposes :" And the 
respective Sheriff's as Collectors, in the said counties, being fur- 
nished with a duplicate thereof, corrected by the court of Common 
Pleas, shall proceed in the collection of the taxes thereon due, as 
well for the present year, as for the succeeding: And all pro- 
ceedings, in any there are, heretofore had in either of the afore- 
said counties, under the said law, so far as the same respects located 
lands, shall be, and the same are hereby esteemed legal, and shall 
be taken and deemed valid and binding; anything in the said law 
contained to the contrary notwithstanding. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives, 

JOHN RICE JONES, 

President of the Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 



APPROPRIATIONS, 1808 671 

(41) 

CHAPTER XX. 

AN ACT aJloming Compensation to the Members of the Legislative Council 
and House of Representatives of the Indiana Territory, and to the 
Officers of both Houses for the present Session. 

§ 1. BE it enacted by the Legislative Council and House of 
Representatives, and it is hereby enacted by the authority of the 
same. That each and every Member of the Legislative Council Compensati- 
and House of Representatives, shall be entitled to, and receive out hers° "^^"^" 
of the territorial treasury, upon the certificate of the Auditor, for 
each and every days attendance on the Legislature at the present 
session, the sum of two dollars, and shall moreover be allowed 
the sum of two dollars for every twenty miles travel, to, and from 
the seat of government, to their places of residence by the most 
usual road. 

§ 2. Be it further enacted. That the secretary of the Legis- 
lative Council, and the Clerk of the House of Representatives, Secretary & 
shall in like manner, receive for their respective services at the clerk, 
present session, the sum of three dollars and fifty cents, each, per 
day. 

§ 3. Be it further enacted. That Jonathan Jennings, the Assistant cBc 
assistant Clerk to the two houses at the present session, shall in 
like manner, receive the sum of two dollars and fifty cents per 
day, for his services during the present session. 



(42) 

§ 4. Be it further enacted, That the Door- Keeper of both Door keeper. 
houses at the present session, shall, in like manner, receive the 
sum of one dollar and fifty cents per day, for each and every 
days attendance on the two houses as such Door-Keeper. 

§ 5. And be it further enacted, That the compensation which How to be 
shall and may be due to the members and officers of the Legisla- ^^j ^" 
tive Council, shall be certified by the President thereof ; and that 
those which shall and may be due to the members and officers 



672 



ILLINOIS HISTORICAL COLLECTIONS 



Auditor to 
settle with 
A. G. how & 
for what. 



Laws to be 
printed and 
how. 



of the House of Representatives, as also to the door-keeper, shall 
be certified by the Speaker thereof ; which certificate, shall be to 
the Auditor, sufficient evidence of Claim, and he shall thereupon 
issue certificates to the several members and officers aforesaid, 
payable at the treasury of the territory, as in other cases. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved — October 26, 1808. 

WILLIAM HENRY HARRISON. 

(43) 

CHx\PTER XXI. 

A RESOLUTION allowing Compensation to the Attorney General. 

RESOLVED by the Legislative Council and House of Rep- 
resentatives, That the Auditor be, and he is hereby authorised to 
settle the account of the Attorney General of the territory, for 
his services as such, from the date of his commission to the end 
of the present session of the Legislature, at the rate of one hun- 
dred dollars per annum and that the treasurer pay the same out 
of any monies in the treasury not otherwise appropriated. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved — October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XXII. 
A RESOLUTION for Printing the Acts of the Present Session. 

RESOLVED by the Legislative Council and House of Rep- 
resentatives, That Messrs. John Rice Jones, and General W. John- 
ston, be, and they are hereby appointed a committee to contract 
with such per- 



TAXATION, 1808 



673 



By what 
time. 



And how dis- 
posed of. 



(44) 

son or persons, as they may think proper, for printing, either 
here, or in Louisiana, or Kentucky, four hundred copies of the 
laws of the present session of the Legislature, on the most mod- 
erate terms they can ; and that they make out copies of the said 
laws, to be delivered or forwarded, to such printer as may have 
contracted for the printing thereof. 

Resolved also, That in making such contract, they shall pro- 
vide, that the said laws shall be printed and ready for delivery 
to the committee, on or before the first day of January next ; and 
that they distribute forty five copies of the said laws to each of 
the counties in this territory, and deliver the overplus, to the 
office of the secretary of the territory. 

GENl. W. JOHNSTON, 
Speaker" of the House of Representatives. 
JOHN RICE JONES, 

President of the Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 

CHAPTER XXHL 
A RESOLUTION for Collecting the arrearages of Taxes. 

RESOLVED by the Legislative Coun- 

(45) 

cil and House of Representatives, That the proper officers be, Arrearage 
and they are hereby required, to take speedy and effectual measures 
to compel payment by the collectors of the arrears by them respec- 
tively due. 

GENl. W. JOHNSTON, 
Speaker of the House of Representatives, 
JOHN RICE JONES, 

President of the Council. 
Approved— October 26, 1808. 

WILLIAM HENRY HARRISON. 



taxes to' be 
collected and 
how. 



674 ILLINOIS HISTORICAL COLLECTIONS 

ERRATA in the Revised Code. 

Page 424 in place of § 4, — read § 3. 

- - - 426 § 10, line 5, in place of 'section,' read 'sections.' 

- - - 414 here the last 4, is misplaced, read 441, 

In the certificate of collation, in place of 'Territo-ritorial,' 

read 'Territorial.' 

In the Index, under the head of 'Coroner his fees.' in place 

of page '256,' read, '356.' 

Immediately after 'Replevy see Executions,' in the Index, read 

'Randolph Circuit court of, altered and to what period 468.' 



GENl. W. JOHNSTON,! 

JOHN RICE JONES,J ''''''•'• 



INDIANA TERRITORY, set. 

WE do hereby Certify, that we have Collated the 
foregoing Printed, with the Manuscript and Original 
Acts of file in the Secretary,s Office of the Territory, 
and find them truly Printed. 

GENl. W. JOHNSTON,! 

JOHN RICE J0NES,| ^ • 
November, 1808. 



INDEX 677 



INDEX 
To THE ACTS OF 1808 



Page; 



Administrators, how to dispose of deceased's property, unless 

&c. 14 15 

Accountable for amount of sales, 15 

Not to be sued, until what time, ibid 

Appropriations of contingent and general fund, and specific, 

what and how much, Z7 38 

Auditor, his salary what, 38 

Attorney General, his salary what, ibid 
43, See compensation. 



Clerk, to make out and send with execution, the bill of costs, 9 10 

Failing, fined how much, and to whose use, 10 

Common Pleas, 11, 29, see practice. 

Judges of, their compensation what, 27 

Fees to, what, how received and paid, ibid 

Not to be administrators unless next of kin, 28 

Committee, 20, see revised code. 
Courts, 23, see small causes. 
Crimes and Punishments, 35, see horse stealing. 
Compensation to members, clerks, and door-keepers, what and 

how certified and paid. 41 42 

to the attorney general, for what services, and 

how certified and paid, 43 



Declaration, 30, see practice. 
Door keeper, 42, see compensation. 

E 

Executors and administrators, 14, see administrators. 

INDEX. 
ii 

Page 
Executions, optional with defendant what property shall be ta- 
ken under, and how proceeded on by officer, ^Z 
Property given, not being sufficient, officer to 
take other, ibid 



678 ILLINOIS HISTORICAL COLLECTIONS 

Defendant failing to shew property, officer to 

take any he can find ibid 

Property so taken such parts as defendant re- 
quests to be first sold, 34 

Officer failing in duty, fined, how much, how re- 
covered, and to what use, ibid 

Officer shall sell all the principal's property be- 
fore he executes on that of security, unless by 
request of security. 34 35 



Fund, contingent how much and how to be disposed of, 27 38 

General what and for what uses, 38 



General court 11, 29, see practice. 



H 



Harrison, county of established its boundary and time of going 

into operation, 3 4 
Suits &c. depending in Clark and Knox not to be 

effected by division, 4 
Taxes due in to be collected and paid as though no 

division had been made, ibid 

Terms of courts therein, when ibid 

Seat of justice thereof, where, 5 

Horse stealing, persons guilty of to suffer death. 35 

Receivers, suffer like punishment, 35 36 

Hayes Samuel, allowance to and for what, 38 

House rent, 38, see Knox county. 



Jarrot Nicholas, allowance and from whence received, 13 

Johnston Genl. W. allowance what, and how paid, 20 

Jones John Rice, allowance what, and how paid, ibid 
Judges 27, see Common Pleas. 

INDEX. 

iii 
Page 
Jones Peter & Co. allowance what, and how paid, 38 

Journals 38, see Printing. 
Jennings Jonathan, 41 see compensation. 
Jones and Johnston, 43, see Printing. 

K 
Knox county, allowance to, and for what, 38 



INDEX 679 



Levies county, tax on neat cattle, and single men abrogated, 31 

Common Pleas to lay tax on land, how much 

and how collected and applied, 31 32 

Sheriff's commission on, how much, 32 

Land sections of, 2)6, see schools- 32 
Laws, 38, 44, see printing. 

M 

Moore Catherine, her first marriage divorced and the second 

legalized, 8 

Birth of child legitamised, ibid 

Magistrates, their jurisdiction what, 25 

Members, 41, see compensation. 



N 



Non-residents, 11, see practice. 



Practice, non-residents how and when to give security for costs, 11 

Form of their bond, 12 

Clerk to issue fee bills against security & how collected, ibid 
Suits not to be removed from inferior to superior court 

after issue joined, 29 

General court, how long to sit at each term, ibid 

Common Pleas, how long to sit at each term, ibid 
Presiding judge of General court, and its branches, to 

deliver opinion and how, 29 30 
Opinion to be rocorded by the clerk, failing therein fi- 
ned, and to whose use, 30 
Dissenting judge may enter dissent and how, ibid 

INDEX, 
iv 

Page 

No declaration necessary on sci. fa's. 30 

Prairie lower, supervisor of dike of, to apportion labour, 16 

Election of supervisor valid, 17 

Majority of proprietors attending elect officers, ibid 

Part of former act to be carried into effect, ibid 
Trespassing animals, owners of liable for what & 

how, and their remedy over, 17 18 

If no owner how to proceed, 18 
Grass &c. about fence to be burnt, what distance 

when and how, ibid 

Stubbles may be hurt how and when, 19 



680 ILLINOIS HISTORICAL COLLECTIONS 

Prairie du Chein, jurisdiction of magistrates in, 25 

Printing, allowance for and how drawn, 38 

Journals, how much allowed, and when and how paid, ibid 

To be contracted for by committee & how, upon what 

terms & by what time, and how laws disposed of, 43 44 

R 

Roads & highways, expences of surveying thereof abrogated, 5 

Compensation to supervisors thereof abrogated, 6 

What persons to work on, ibid 

Revised code, printers of their allowance what & how received, 19 20 

Allowance to committee what, and how paid, 20 

Printers of, and securities exonerated from bond, ibid 

Randolph county, 39, see Tax territorial. 



Sheriff to deliver and receipt for clerk's fee bills, 10 

Failing, penalty therefor, and to whose use, ibid 
Stout and Smoot, 19, see Revised code. 
Servants, persons suffering assemblage of in their houses, fined 

and to whose use 21 

Revelling, to be sent to jail, by whom, 22 

to be whipped how much & by whom, ibid 
Except when assembled by permission in writing and 

for amusement, ibid 

Small causes, where tried, 23 

Justice may subpcena witnesses from whence and how, 24 
Witnesses failing to attend, to be proceeded against and 

how, unless excused and how, ibid 

Justice may issue dedimus, in what cases & how regulated, 25 

Justices their jurisdiction what, ibid 



INDEX. 



V 

Page 



Appeals from judgment of justices for what sum they may 

be had, • 25 

On appeal. Clerk receives full costs, 25 

Execution stayed and how long, 26 

Suits, 29, see practice. 
Sciri Facias, 30, see Practice. 
Schools, sections of land reserved for the use of, to be leased by 

court of Common Pleas, for what time & conditions, Z6 

St. Clair, county of 39, see tax territorial. 



INDEX 681 



Tax county, 31, see levies county. 

Treasurer territorial, his salary what, 38 

Tax territorial, in St. Clair and Randolph, assessors of, to make 

out lists, when and how, 39 40 

Lists to be corrected and how disposed of 40 

Sheriff's to collect and manner thereof, ibid 

Proceedings heretofore had valid, ibid 

Arrearages of to be collected by whom & how, 45 



BIBLIOGRAPHY 



BIBLIOGRAPHY 

1801 

Laws adopted by the governor and judges of the Indiana Terri- 
tory, at their first sessions held at Saint Vincennes, January 
12th, 1801 — published by authority. Frankfort, Kentucky, 
Hunter, pr., 1802. 32 p. 

Also in Message from the president transmitting the laws of Indiana 
Territory passed from January, ISOl to February, 1802 [Washington, Duane, 
pr., 1803?]. 32 p. (7 Congress, 2 session, Executive documents, no. 32, 
February 14, 1803.) Reprinted in Laws of the Indiana Territory, 1801-1806, 
inclusive (Paoli, Throop & Clark, 1886). 

1802 

Laws for the government of Indiana Territory [adopted at their 
second session]. Laws adopted by the governor and judges 
of Indiana Territory, at their second and third sessions begun 
and held at Saint Vincennes, 30th Jamiary, 1802 & February, 
16th, 1803 — published by authority, 1-9 (Vincennes, Stout, 
pr., 1804. 89 p.) 

Also in Message from the president transmitting the laws of Indiana 
Territory . . . 1801 . . . 1802. Reprinted in Lazvs of the Indiana 
Territory. 

1803 

Laws for the government of the Indiana Territory, adopted at 
their third session. Lazvs adopted by the governor and judges 
. . . 1802 . . . 1803, pp. 9-12. 

Also in Message from the president transmitting the laws of Indiana 
Territory [Washington, Duane, pr., 1803?]. 7 p. (8 Congress, 1 session. 
Executive documents, December 7, 1803.) Reprinted in Laws of the In- 
diana Territory. 

1803-04 

Laws for the government of the Indiana Territory, adopted at 
their fourth session. Lazvs adopted by the governor and 
judges . . . 1802 . . . 1803, pp. 12-89. 

Reprinted in Laws of the Indiana Territory. 

1805 

Laws passed at the first session of the general assembly of the 
Indiana Territory, begun and held at the borough of Vin- 
cennes, on Monday the twenty-ninth of July, in the year 1805 
— by authority. Vincennes, Stout, pr., n.d. 38 p. 

Reprinted in Laws of the Indiana Territory. 



686 ILLINOIS HISTORICAL COLLECTIONS 

1806 

Laws passed at the second session of the first general assembly 
of the Indiana Territory, begun and held at the borough of 
Vincennes, on Monday the third day of November in the year 
eighteen hundred & six — by authority. Vincennes, Stout, pr., 
n.d. 30 p. 

Reprinted in Laws of the Indiana Territory. 

1807 

Laws of the Indiana Territory comprising those acts formerly in 
force, and as revised by Messrs. John Rice Jones, and John 
Johnson, and passed (after amendments) by the legislature, 
and the original acts passed at the first session of the second 
general assembly of the said territory, begun and held at the 
borough of Vincennes, on the sixteenth day of August, Anno 
Domini eighteen hundred and seven — printed by authority, 
and under the inspection of the committee. Vincennes, Stout 
& Smoot, pr., 1807. 540, xxviii p. 

This is known as the Revision of 1807. 

1808 

Acts of assembly passed at the second session of the second gen- 
eral assembly of the Indiana Territory, begun and held at the 
town of Vincennes, on Monday the twenty six day of Septem- 
ber, A. D. one thousand eight hundred and eight — printed by 
authority, and under the inspection of the committee. Vin- 
cennes, Stout, pr., 1808. 45, v p. 



INDEX 



INDEX 



Abatement, plea in : Zl \ admitted 
when, 448; to jurisdiction of jus- 
tice of peace, 385. 

Account, action of, limitation on, 449. 

Accounting, may be made on action, 
451. 

Acknowledgment of deeds, 142. 

Action, right of reserved, 366. 

Actions, limitations on, 38 ; what not 
cognizable before a justice, 387. 

Ad quod damnum, writ in erecting 
of mills, 133-135, 363-365. 

Adams, George, clxxvi, n. 4. 

Adams, John, Ixxi, cclxiii, cclxv. 

Adams, Mary, clxxvii, n. 2. 

Adams, Mathew, clxv. 

Adams County, clx, n. 4. 

Adjutant General, duty of : 404-405 ; 
office of, to record militia organ- 
ization, 400-401. 

Administration, letters of : how 
granted, 270-271 ; void without 
bond, 278. 

Administrators, apply to Common 
Pleas to appoint commissioners to 
convey land, 94; 

bond : discharged, how, 274 ; to 
be given by, 275-277; to take of 
beneficiary, 278; 

for debts of deceased, no suits 
against, in a year, 653 ; duty re- 
garding conveyances deceased has 
agreed to make, 281 ; how to ac- 
count, 277 ; how to sell deceased's 
moveables, 653 ; letters to, when 
revoked, 279; 
sales : advertised, how, 280 ; of 



Administrators (cont.) 

real estate, to exhibit inventory 
before, 280; report of, 280-281; 
securities and, 121, 517-518. 

Advertisement, of foreign attach- 
ments, 267 ; of trespassing ani- 
mals, 294-295, 296. 

Affidavits in chancery, how taken, 
194-195; notice of, 512. 

Affirmations, 269-270; for those 
scrupulous of oath, 234; may not 
replace oaths of office, 270. 

Agent of Indian affairs, powers re- 
served, 498. 

Alexander, William, ccxxxii. 

Aliens, may hold real estate, cxxviii, 
94-95, 500. 

Alimony, 323-324. 

Allen, William C, cxcvi. 

Altering docket, penalty for, 385. 

Amendment and jeofail, repeal of 
law, 65; statute of, adopted, 7. 

Amercements, how laid : by Common 
Pleas, 14; by Quarter Sessions, 9. 

American Bottom, xii, Ixviii-ix, n. 1. 

Americans, Ixxv, n. 2, cxxiv, 
clxxxiv, ccxiii, ccxiv, ccxix, ccxx, 
ccxxi, ccxxii. 

Anderson, David, ccxxxii. 

Anderson, Reuben, appropriation to, 
607. 

Appeals, by administrators, to Gen- 
eral and Circuit Courts, 277; 

from: Circuit Court, 231; Com- 
mon Pleas in road matters, 433 ; 
justices on removal of paupers, 
316; Quarter Sessions, 10; 



689 



690 



ILLINOIS HISTORICAL COLLECTIONS 



Appeals (cont.) 

how limited, 662; in probate, 
273 ; rules in, 455-457 ; 

to : circuit courts, 1 1 ; Common 
Pleas, how, 322; Common Pleas, 
in small causes, 383-384; General 
Court, 3-5, 228; General Court, 
not less than $50, 215 ; Supreme 
Court, demand for, clix-x. 

Appearance bail, 33-35 ; action in, 
446-447; to replevy attachment, 
556; right of securities against 
principals, 123, 519-520; when re- 
quired, 103-105, 443-445. 

Appellant, to General Court, 455-457. 

Appraisers, in distress for rent, 331- 
332. 

Apprentices, cxxxiv, cxxxv, cxxxvi, 
cxxxvii, cxlviii, 95-96, 500-502. 

Apprenticeship, of minors, 273. 

Appropriations, 143-144, 186, 206-208, 
539, 604-605, 605-608, 656-657, 668- 
669, 672; for General Assembly, 
208-210, 603-604, 671-672. 

Arbitrations, clxxxv, 349-352. 

Archambeau, Joseph, cxx, clxxx, 
n. 1. 

Arenousse, Francois, cxxix, n. 6. 

Arms and ammunition, sale to In- 
dians, when prohibited, 590-592. 

Arnouse, Marianna, clxxvii, n. 2. 

Arrest, General Assembly members, 
exempt from, 425. 

Arson, clxxii, clxxiii, n. 2, clxxiv, 
243. 

Articles of War, 417-425; read at 
muster, 425. 

Artillery, how raised, 402; table of 
organization, 401. 

Arundel, William, ccxlv ; land record 
of, Ixxxiii, Ixxxvii, rL 1 ; signs 
petitions, xxi, n. 1, xxxviii, n. 2. 

Assault and battery, cxxxiv, clxxvi, 
clxxvii, n. 2, 242; limitation on 



Assault and battery (cont.) 
actions of, 449 ; when costs barred, 
454. 

Assessment of 1806, legalized, 172- 
173. 

Assessors, cxv-vii, clii ; bond of, 601 ; 
compensated, how, 151, 152, 597; 
of damage by trespassing animals, 
345; 

duties: 148, 149, 592-593, 593- 
594; regarding common fields, 440- 
441 ; regarding damages by new 
roads, 430-431 ; regarding damages 
by trespassing animals, 345 ; to 
list lands, 595 ; 
failing to act, how punished, 596. 

Assumpsit, action of, clxxxviii. 

Assumption of penalty, for assisting 
prison escapes, 258. 

Atcheson, William, Ixxix, n. 3 ; 
signs petitions, xxxviii, n. 2, xlvi, 
n. 2. 

Atchison, George, lix, Ixxiv, Ixxviii, 
n. 4, Ixxix, n. 3, cxxii, n. 4, cxxix, 
n. 6, cxlviii, n. 4, cciv, n. 1, ccxlviii, 
cclxi ; biographical note, cclvii ; 
judge, Ivii, ccxxix; land record of, 
Ixxxiii, Ixxxvii, n. 1 ; signs peti- 
tions, xxi, n. 1, xxxviii, n. 2, liii, 
n. 4, liv, n. 1. 

Attachment, how sued out, 266-267; 
issued against : absconding 
debtor's estate, 556 ; partners, 267 ; 
proceedings on, 557. 

Attorney-General, xvi, clx, ccix, n. 3, 

ccxxvii ; appropriation for, 669, 

672 ; duties, 147, 174, 200, 532, 546 ; 

exempt from : arrest, when, 426 ; 

militia duty, 400 ; 

fees, 46-47, 561-562 ; law regard- 
ing, repealed, 15. 

Attorneys, cxci-iii, cxciv-v, cc-vi ; 
admission of : act for, 340-344 ; 
provisions for, repealed, 2, 86, 141- 



INDEX 



691 



Attorneys (cont.) 
142; 

exempt from arrest, when, 426; 
fees, 47, 59, 561; may not be spe- 
cial bail, 104, 447; unlicensed 
practicing, how punished, 343 ; who 
may not be, 342. 

Auditor, xlvii, cxv; appropriation 
to, 669; 

duties: 144-145, 152, 199-200, 
528-530, 532, 546; to assess land 
tax, 150; to furnish abstracts of 
land entries to assessors, 148; to 
procure abstracts, 593, 597; to 
publish tax law extracts, 600-601 ; 
in tax sales, 172-174. 

Auditor of Public Accounts, law re- 
garding, repealed, 15. 

Authentication, of public acts, 256- 
257. 

Avowries, in distress for rent, 335- 
336. 

Awards, in arbitrations : how ren- 
dered, 350-351 ; to have effect of 
verdict, 351-352. 

Backus, Elijah, xciv, xcv, xcix-c, n. 
3, cxxv, n. 1, ccxli, ccxlii ; bio- 
graphical note, ccxliv; land com- 
missioner, Ixxx, ccxxviii. 

Badgley, Aaron, cxxii, n. 4. 

Badgley, David, biographical note, 
cclx; judge, Ivii, ccxxix, ccxxx; 
land record of, Ixxxvii, n. 1 ; signs 
petitions, xxxii, n. 1, xlvi, n. 2, 
liii, n. 4. 

Badollet, Albert, ccxxxviii. 

Badollet [Baddollet, Badolett], John, 
xliii, n. 1 ; biographical sketches, 
xvi-vii, ccxxxvii-viii ; chancellor, 
ccxxvii ; incorporator Vincennes 
University, 178, 533. 

Bail, in small causes, by non-free- 
holders, 2)77-2)7^ ; special, non-free- 



Bail (cont.) 
holders to give in small causes, 
382; who may be, 104, 447. 

Bail piece, form of, 447. 

Bailiff, may not be bail, 447. 

Baltimore, Ixxiv. 

Bankson, James, Ixxxvii, n. 1 ; bio- 
graphical note, cclx; judge, Ivii, 
ccxxix, ccxxx; signs petitions, 
xxxii, n. 1, xlvi, n. 3, liii, n. 4, 
liv, n. 1. 

Banns, how published, 251. 

Barbau, Andrew, cxxviii, n. 2. 

Barbau [Barbeau?], Jean Baptiste, 
Ixxix, n. 3, xc, n. 4, cxlvii, n. 3, 
clxii, n. 3, cci, cciii, n. 3, cciv, n. 
2, ccxix, n. 2, ccl, cclix ; biograph- 
ical note, cclxix-xx ; judge, ccxxx; 
land record of, Ixxxiii, Ixxxvii, n. 
1, Ixxxix ; signs petitions, xxi, n. 1, 
xlvi, n. 1, liv, n. 1, Iv. 

Barbau, Jean Baptiste [Jr. or Sr. ?], 
ccxxxi, cclxxii. 

Barbeau, see Barbau. 

Barns, Joseph, clxxviii, n. 4. 

Barron, Joseph, clxxx, n. 2. 

Barton, Joshua, cclxxv. 

Barton, History of a Suit in Equity, 
copy in territory, cxcv. 

Bates, Frederick, xciii, n. 2, ccxiii, 
n. 2, ccxvii, cclxxviii. 

Battalion, Court of Inquiry, how 
formed, 409-410. 

Battery, see Assault and battery. 

Baudre, Miss, cxxxvi, n. 1. 

Bauvais family, ccli, cclix, cclxv. 

Baynton, Wharton and Morgan, 
Ixxi-ii, n. 2, Ixxix, n. 1. 

Beaird, John, xix, n. 2, cxviii, n. 5, 
cxxxi, n. 2, cxli, clxii, clxxix, n. 1, 
clxxxv-vi, n. 4, cci, cciii, n. 2, 
cclxix ; biographical note, cclxviii ; 
judge, Ivii, ccxxx ; land record of. 



692 



ILLINOIS HISTORICAL COLLECTIONS 



Beaird, John (cont.) 

Ixxxiii, Ixxxvii, n. 1 ; signs peti- 
tions, xlvi, n. 1, liii, n. 4, liv, n. 1. 

Beatt, Cole, clxxvi, n. 4. 

Beccaria, On Crimes and Punish- 
ments, copy in territory, clxxiv, 
n. 1, cxcv. 

Beer, not to be sold retail save by 
tavern-keepers, 286. 

Bellecoure, Auguste, clxxviii, n. 2. 

Belsha, George, cxviii, n. 5, cxli, 
n. 3. 

Benoke, Joseph, clxxx, n. 2. 

Benton, Thomas Hart, cclxxvi. 

Berry, slave, cxli. 

Bigamy, cxxviii, cxxix, cxxxiv, 
clxxii, clxxiii, n. 2, clxxiv; how 
punished, 66-67, 247-248. 

Biggs, George, xxxviii, n. 2. 

Biggs, William, Ixxix, n. 3, cclxi, 
652 ; biographical note, ccxlix-ccl ; 
judge, Ivii, ccxxix; land record of, 
Ixxxiii, xcvi, n. 4; representative, 
xxxi, xxxiv, n. 1, ccxxviii ; signs 
petitions, xxxviii, n. 2, xlvi, n. 3, 
liii, n. 4, liv, n. 1. 

Billiard tables, tax on, 119-120, 601- 
602. 

Billiards, gambling at, 371. 

Bills, cxxi ; how assignable, 98. 

Bissel, Daniel, clxxvii, n. 2. 

Black locust, penalty for cutting, 
357, 359. 

Black oak, penalty for cutting, 357, 
359. 

Black walnut, penalty for cutting, 
357, 359. 

Blackstone, Commentaries, copy in 
territory, cxcvi. 

Blair, George, biographical note, 
cclxxiv ; sheriflf, ccxxxii, ccl ; signs 
petition, xxxii, n. 1. 

Blue ash, penalty for cutting, 357, 
359. 



Board, to inquire into misbehavior 
of commissioned militia officers, 
423. 

Bole, Nicholas, ccxxxi. 

Bona fide purchaser, rights reserved, 
334. 

Bond, Joshua, appropriation to, 607; 
trustee of Vincennes, 197, 514. 

Bond, Shadrach, Sr., Iv, Ixxix, n. 3, 
cciv, n. 1, ccvii, ccxlviii, ccli, cclvi, 
cclviii, cclx, cclxi, cclxvii, cclxxvi ; 
biographical note, ccxlvi-vii ; com- 
ments of Harrison on, xxvi, n. 3 ; 
delegate to slavery convention, 
xxxvii ; judge, Ivii, Iviii, cxlv, n. 3, 
cxlix, n. 1, ccxxix, ccxxx; land 
record of, Ixxxiii, Ixxxvii, n. 1 ; 
legislative councillor, xxxi, 
ccxxviii ; representative, xxxiv, n. 
1 ; resignation of, from Council, 1 ; 
signs petitions, xxi, n. 1, xxxviii, 
n. 2, liii, n. 4, liv, n. 1. 

Bond, Shadrach, Jr., xxxiii, liii-iv, 
n. 4, Iviii, Ixxix, n. 3, cxl, cciv-v, n. 
4, ccxlvi, ccl, ccliv, cclvii, cclx, 
cclxii ; biographical note, ccxlvii- 
ix; judge, ccxxix; land record of, 
Ixxxiii, Ixxxvii, n. 1 ; legislative 
councillor, xxxi, 1, ccxxviii; rep- 
resentative, xxxiv, n. 1, ccxxviii; 
signs petition, xxxii, n. 1. 

Bond, Shadrach [Jr. or Sr. ?], clxxvi, 
n. 2. 

Bond, actions on, 450 ; administra- 
tor's, 275-277, 278-279 ; appellant's, 
455 ; for arbitrations, 349-350 ; as- 
sessor's, 152, 601 ; assignable, how, 
98 ; attachment creditor's, 268 ; 
auditor's, 144-145, 529 ; of benefici- 
aries, to administrator before final 
settlement, 278 ; collector's, 152 ; of 
complainant in chancery, 109-110; 
constable's, 386-387; of debtor, to 
enjoy prison bounds, 257; of ex- 



INDEX 



693 



Bond (cont.) 
ecutor, for security of orphan's 
estate, 272 ; ferry owner's, 353 ; for 
injunction, how proceeded on, 511- 
512; negotiable, how, 355-357; for 
negroes, that they will not be pub- 
lic charge, 138, 525; 

of nonresident : bringing suit, 
651; for costs, 452; 

of notaries public, 93, 499 ; of 
party praying attachment, 556; of 
plaintiff in replevin, 2>Z6 ; 

in probate : for whose benefit, 
274-275 ; how taken, 271 ; 

of purchaser of minor's real es- 
tate, 282; recorder's, 290; sher- 
iff's, 72-73, 233, 486, 601; sur- 
veyor's, 459 ; tavern-keeper's, 286 ; 
of tenant at will claiming title, 
339; treasurer's, 16, 145-146, 530; 
of vagrant : 566-567 ; how for- 
feited, 567-568; 
for writ of ne exeat, 512. 

Bond servants, cxviii, n. 3, cxxvii ; 
how taxed, 72,, 487. 

Boon, John, ccxxxi. 

Boon V. Juliet, cxxxvi, n. 1. 

Bowls, gambling at, 371. 

Boyle, James, cxciii-iv, n. 4. 

Branding, clxxv, n. 2, clxxviii ; pen- 
alty for altering marks and brands, 
cxxxiv, clxxiii, n. 2, 210, 244. See 
also Marks and brands. 

Bray, 581, 587. 

Breach of peace, exemptions from 
arrest not extended to, 427. 

Breaches, how many may be assigned 
in actions, 450. 

Bread and water, furnished prisoners 
in civil suits, 260-261. 

Breckenridge, Miscellanies, use of, in 
territory, cxcvi, n. 1. 

Breckinridge, Henry, cxcv. 



Bribery, in elections, how punished, 
396. 

Brigade inspector, duty of, 405-406. 

Briscoe, William, 208. 

British, the, ccxiv; court in Illinois 
country, ccxv, ccxvii, n. 2, ccxx ; 
land : claims, Ixxiii ; grants un- 
confirmed by, Ixxix, n. 1 ; grants 
under, Ixv, Ixvi, Ixvii and n. 1, 
Ixxxix, n. 1, xcvii. 

Bronson v. Kinzie, clxxi, n. 4. 

Brown, James, ccxxxvii. 

Brown, John, director of Indiana 
Canal Company, 155-156. 

Bryan, Guy, cxcvii, n. 4, cclxvi. 
cclxxix. 

Bryant, see Bryan. 

Buchanan, Joseph, clxxviii. 

Bullet playing, gambling at, 371. 

Bullitt, George, cxciii, n. 4, ccxxxiv, 
ccxxxviii, cclxxvii, cclxxix ; bio- 
graphical note, cclxxv. 

Bullitt, William, appropriation for, 
208; incorporator Vincennes Uni- 
versity, 178, 533 ; trustee of Vin- 
cennes, 197, 514. 

Bullitt, , appropriation to, 

607. 

Buntin, Robert, trustee of Vin- 
cennes, 197, 514. 

Burglary, clxxii, clxxiii, n. 2, clxxvii, 
236-237. 

Burnet, Jacob, xiv, n. 4, Ixxxix, n. 1, 
cii, cxi, clxv, clxx, n. 2, ccxxxvi, 
cclxiii. 

Burns, Laiv Dictionary, copy in ter- 
ritory, cxcv. 

Burr, Aaron, xlvi, n. 1, cclxxvii, 
cclxxviii ; director of Indiana 
Canal Company, 155-156. 

Buttel, Wilson, clxxix, n. 1. 

Cahokia [Kahokia, Kahokias], xii, 
n. 3, xiii, xiv, Ixvii, n. 3, Ixviii-ix, 



694 



ILLINOIS HISTORICAL COLLECTIONS 



Cahokia (cont.) 
n. 1, Ixx, Ixxi-ii, n. 2, cxxxi, n. 2, 
cxlvi, n. 1, cxlvii, n. 3, cli, clviii, 
n. 1, clxxv, ccx, ccxviii, n. 3, ccxx. 

Caines, Principles of Equity, copy 
in territory, cxcvi. 

Cairns, Caldwell, biographical note, 
cclxxii; justice of peace, ccxxxi. 

Caldwell, John, ccxlii ; biographical 
note, ccxliv-v: land commissioner, 
Ixxx, ccxxvii'. 

Camden, Lord, Ixvii, n. 1. 

Campbell, Anthony, clxxvi, n. 5. 

Campbell, John, ccxxxi. 

Canada, Ixvii, ccxiii, n. 2, ccxv, n. 3, 
ccxviii, n. 2. 

Cape Girardeau, clxxviii, n. 3. 

Capias ad respondendum, v/rit of, 
clxix; process in small debts, 376- 
Z77 ; return on, 458 ; small causes, 
when to issue in, Z77. See also 
Executions. 

Capias ad satisfaciendum, writ of, 
clxvi, clxx, 308 ; issued on chan- 
cery decree. 510. 

Carbonneaux, Francois, Ixxv, n. 3. 

Carpenter, Ephraim, cxx. 

Carr, William C, clxxxix, n. 3, 
c X c i i i, n. 4, c c x x x i v, ccxl, 
cclxxviii ; bio graphic al note, 
cclxxv-vi. 

Carrico, Josias, clxxvi, n. 5. 

Carrying challenge, penalty for, Z72>. 

Cart roads, how opened, 436-437 ; 
may be turned by landowners, 437. 

Case, action on, bail required in, 
443; limitation on, 449. 

Cashiering, penalty inflicted by court 
martial, 418, 419, 422. 

Cass, Lewis, cclii. 

Cathrenette, bounds of borough of 
Vincennes, 197. 

Catt, Philip, clxxvii, clxxviii. 



Cattle, when killed in woods, ovmer 
to show ears, 211. 

Cavalry, how raised, 402; table oi 
organization, 401. 

Census, xiii, n. 2, xlviii, n. 3, 
cxxxvii ; sheriffs of counties, to 
take, 177. 

Certificate, of attorney, of good 
moral character, 340; of clerk or 
prothonotary, to authenticate proc- 
ess, 256; of election, 394-395; of 
freedom, to servants, 45, 465-466; 
of laws, 21, 611, 676; from over- 
seers of poor, when necessary to 
residence, 314-315. 

Certiorari, actions on, in small 
causes, 385 ; chancellor to grant, in 
vacation, 109, 508; in forcible en- 
try, 329-330 ; issue of, by General 
Court, cxliii ; not to move action 
to higher court after issue joined, 
662. 

Chaffin, William, clxxvii, n. 2. 

Chain carrier, to take oath, 460. 

Chairman, of common fields, how 
chosen, duties, 440, 442. 

Challenge to duel, how punished, 
Z72-Z7?,. 

Chambers, B., signs : laws, 102, 103, 
105, 112, 114, 115, 118, 120, 123, 
124, 126, 133, 136, 139, 141, 142, 
144, 147, 153, 163, 230, 233, 234, 
235, 250, 252, 255, 256, 257, 261, 
266, 268, 269, 270, 284, 288, 294, 
297, 305, 307, 308, 322, 323, 325, 
326, 331, 340, 344, 347, 349, 352, 
355, 357, 361, 366, 375, 388, 390, 
397, 399, 425, 427, 439, 443, 459, 
462. 467, 480, 481, 495, 498, 499, 
502, 505, 507, 513, 516, 520, 523, 
526. 528, 532, 539, 541, 545, 547, 
548. 551, 552, 554, 555, 558, 560, 
562. 564. 566, 568, 570, 572, 574, 
575. 576, 578, 590, 592, 602, 604, 



INDEX 



695 



Chambers, B. (cont.) 
608, 609 ; resolutions, 154, 580, 603, 
605. 

Champs, Antoine, ccxxxi. 

Chancellors, xvi, clxvi, ccxxvii ; 
duty, 511, 512. 

Chancery, cxxix, clxiv; decree of, 
effect of, 111-112, 510; procedure 
in, 193-196. See also Courts. 

Chapard, , 587. 

Charleville v. Chouteau, Ixv, n. 2. 

Chase, Salmon P., xxvii, ci, cii, cxi. 

Chestnut, penalty for cutting, 357, 
359. 

Chitty, On Bills of Exchange, copy 
in territory, cxcvi. 

Choctaws, clxxxv, n. 1. 

Choisser v. Hargrave, cxxxvi, n. 1. 

Choteau, August, ccxliii. 

Chribbs, Elizabeth, clxv, clxxvii, 
n. 2. 

Chribbs, Mary, clxv. 

Chribbs, William, clxv, clxvi, 
clxxvii, n. 2. 

Church, no arrests in, 426. 

Church lands, boundary of Vin- 
cennes, 513, 580. 

Cider, not to be sold retail save by 
tavern-keepers, 286. 

Cincinnati, xi, xliii, clxxxv, n. 1, 
cxcviii ; land office in, 606. 

Circuit Court, see Courts. 

Clark, George Rogers, xii, n. 4, 
XXXV, Ivi, Ixvi, Ixxi-ii, n. 2, Ixxxi, 
clxii, n. 2, ccxiv, ccxvi, n. 4, 
ccxxxv, ccxxxviii, ccxxxix, ccxlvi, 
ccxlix, cclix, cclxi, cclxiv ; director 
of Indiana Canal Company, 155- 
156. 

Clark, James, cxciii, n. 4. 

Clark, Marston G., director of In- 
diana Canal Company, 156. 

Clark, William, cclxxvi. 



Clark Count}^, xix, n. 2, xxxvii, xli, 
xliii, n. 1, xlv, n. 2, xlviii, cxvi, 
cxlv, n. 3, cxlix, n. 1, clxiii, n. 1,- 
clxxviii, n. 3, clxxxv, n. 2, 579; 
and Knox County, Harrison 
County formed from, 645-646 ; 
Circuit Court in, 215, 230 ; 

Common Pleas Court : suits 
continued, 552; terms altered, 200, 
551; terms in, 116, 226; 

sheriff of, to take census, 177; 
special provision for tax assess- 
ment, 172. 
Clarke, William, ccxxxvii ; adopts 
laws, 1, 3 ; biographical note, 
ccxxxv; judge, xv, xvi, cxlv, n. 3, 
ccxxvii ; signs laws, 2, 6, 7, 17, 18, 
19, 20, 26, 29. 
Clerks, 231 ; 

of Chancery Court : appointed 
by judge, 112, 511; duties, 110, 
193, 512; 

of common fields : how chosen, 
duties, 440, 442; 

of Common Pleas : act as circuit 
clerks, 562; appointed, how, 229- 
230 ; arbitration awards, recorded 
by, 351; bond given by, 199; com- 
pensated, how, 596-597; duties, 201, 
227, 485, 592, 593, 595-596; duty 
in estrays, 298-300, 301, 302, 303, 
304 ; election returns filed by, 571 ; 
failing to act, how punished, 596 : 
fee tables, posted by, 477; fees, 117, 
467-469 ; fees in criminal cases, 
469-470; land transfers, recorded 
by, fee for, 600 ; laws sent to, 217- 
218 ; marriage licenses, issued by, 
205, 251 ; marriages, recorded by, 
252; measures, etc., sealed by, 103, 
506-507; negroes to be indented 
with, 137, 138, 523, 524; probate 
fees, 470-471 ; probate functions, 
270-271, 275-276; process to wit- 



696 



ILLINOIS HISTORICAL COLLECTIONS 



Clerks (cont.) 

nesses in arbitrations, to issue, 
350; to receive fines from justices 
of peace, 224; return of overseers 
of poor to, 309 ; scire facias, to 
issue, 264; tavern license fee to, 
115, 286; tax abstract, to make out, 
149-150; tax on law process, to 
collect, 496; tax sales reported to, 
172; township boundaries, to re- 
cord, 256 ; 

of county : to record marks and 
brands, 211-212, 245; to seal meas- 
ures, 103, 506-507 ; 

of General Assembly, compen- 
sation of, 604; 

of General Court : arbitration 
awards recorded by, 351; bond 
given by, 199 ; and disbarment of 
attorneys, 341 ; duties, 5-6, 457 ; 
exempt from arrest, when, 426 ; 
exempt from militia duty, 400 ; 
fees of, 19, 47-49 ; keep roll of at- 
■ torneys, 340-341, 342; may practice 
in Common Pleas, 561 ; records of, 
inspected, 3, 454; 

of General Quarter Sessions of 
the Peace : 9 ; duty in taxation, 72 ; 
fees, 55-56 ; 

of legislature, compensation of, 
20 ; of Orphans' Court, fees, 59-60 ; 
of Supreme Court, see General 
Court ; 

of territorial courts : 545-546 
causes, how to docket, 37-38, 449 
exempt from arrest, when, 426 
fee bills, against security for costs, 
to issue, 651 ; fee bills, to make out 
with execution, 649-650 ; fee tables, 
to post, 60, 477 ; fined for neglect 
of duty, 663 ; ineligible to legisla- 
ture, 175; may not practice as at- 
torney in own court, 342; process, 
to authenticate by certificate, 256 ; 



Clerks (cont.) 

tax, to collect on law process, 82- 

83. 
Clinton, DeWitt, cclxxvii. 
Cochran, Samuel, Ixxxvii, n. 1, cciii, 

cclxxi ; biographical note, cclxx ; 

judge, ccxxxi; signs petition, xlvi, 

n. 1, lili-iv, n. 4, lix, n. 2. 
Cock fighting, how punished, 370- 

371. 
Coffee tree, penalty for cutting, 357, 

359. 
Coles, Edward, xcv, n. 4. 
Collectors, cxv-vii, clii ; account with 

auditor, 145, 530; bond of, 152; of 

common fields, duty, 440-441 ; duty 

of, in tax sales, 150-151, 171-172, 

172-174; fees, 151: to list billiard 

tables, 119-120. 
College township, reservation in 

favor of lessees, 360. 
Commissioners, conveyances agreed 

to by deceased, to execute, 281 ; 

county levies, law of 1801, and, 1; 

for partiton, 124-126, 521-522; real 

estate, to value, 131-132. 
Commitment papers, filed by sheriff, 

259. 
Common fields, cxxiii, 439-443. 
Common law, c, ci, cii ; declared in 

force, 323. 
Common law penalty, prescribed for 

manslaughter, 236. 
Common Pleas, see Courts. 
Commons, boundary of Vincennes, 

513. 
Commonwealth 7-. Aves, xxxvi, n. 1. 
Commonwealth t'. Roxbury, Ixvii, 

n. 1. 
Compounding felony, how punished, 

241. 
Compte, Pierre, ccxxxi. 
Compton, Practice, copy in territory, 

cxcvi. 



INDEX 



697 



Comyns, Digest of the Laws of Eng- 
land, copy in territory, cxcvi. 

Confession of judgment, release of 
errors, 454. 

■Congregation, penalty for disturb- 
ing, 368. 

Congress, x-xi and notes, xvi, xix, 
n. 4, XX, xxi, xxiii, xxiv, xxv, 
xxvii, XXX, xxxi, n. 3, xxxii, 
xxxiii, XXXV, xxxvi, xxxvii, 
xxxviii, xxxix-xli, xlii, li, Hi, Ivi, 
Iviii, Ixvii, Ixviii, Ixxi-ii, n. 2, Ixxv, 
Ixxvii, n. 4, Ixxx, Ixxxi, n. 3, 
Ixxxii, n. 1, xciii, n. 2, xcv, xcvii, 
xcviii, xcix, ci, civ, cvi-vii, cviii, 
cix, cxi, cxiv, n. 2, cxvii, cxxxvii, 
clvii, n. 2, clxiv, clxvi, clxvii, 
clxviii, clxxxiii, cxcix, ccvi, n, 2, 
ccxii, n. 5, ccxv, n. 3, ccxvii, ccxxi, 
ccxxii, n. 1, ccxxviii ; asked for 
authority to tax Indian traders, 
84. See also Senate, House of 
Representatives. 

Connecticut, cxcvi. 

Conner, Henry, cciv-v, n. 4. 

Connor, Ephraim, clxxvi, n. 4. 

Constables, liii, n. 1, cxxxi, 320, 388- 
390 ; administrator's sale, to give 
notice of, 280; bond, when to give, 
386-387; coroner's jury, to sum- 
mon, 253 ; county levies, law of 
1801 and, 1 ; distress for rent, 
duty in, 331-332; duty, 92, 378, 
556, 557, 566, 568; exempt from 
arrest, when, 426 ; 

fees : in criminal cases, 476 ; 
penalty for excessive, 476-477; 

may not be attorneys, 342 ; re- 
turn on process, 377. 

Contempts, punishable by courts, 341. 

Contested elections, procedure, 395. 

Continental Congress, cxcix, n. 5. 

Contracts, of servants with master, 
void, 43, 464. 



Conversion, suit against unqualified 
attorneys, 343. 

Cook, Daniel P., ccxlix. 

Coroners, ccxxxiii, 231, 252-255; 
duties: 189-193, 458, 542-545, 
658 ; in case of fraudulent tax lists, 
70-71, 483-484; in contested elec- 
tions, 395; jury, to summon, 326; 
exempt from arrest, when, 426; 
fees, 58, 474, 561; 

writs : failure to return, 14, 229 ; 
of seizin, 306. 

Corporation, overseers of poor, for 
certain purposes, 312-313. 

Corruption of blood, not induced by 
felony, 67, 248. 

Corydon, county seat of Harrison 
County, 646. 

Costs, on appeals to General Court, 
how awarded, 4, 456; of arbitra- 
tions, how taxed, 350 ; assault and 
slander, when barred in, 454; in 
small causes, how collected, 382- 
383; 

when not recovered: in General 
or County Court, 41 ; by plaintiff, 
387-388; 

when to be paid by prosecutor, 
141, 528. 

Counsellors at law, cxci-iii, 340-344; 
exempt from arrest, when, 426. 

Counties, bridges built by, 436 ; crea- 
tion of, xii, xix, 645-646; fines for 
benefit of, 261, 373; to pay for 
food of prisoners, when, 260; to 
receive revenue from estrays sold, 
301 ; sheriffs of, to take census, 
177 ; tax on law process, to receive, 
201, 496. 

Counts, faulty, how discharged, 452. 

County commissioners, cxlix-cl, cli-ii. 

County courts, see Courts. 

County of Illinois, xix, ccxv, n. 3, 
ccxvi. 



698 



ILLINOIS HISTORICAL COLLECTIONS 



County taxation, cxiv-v, cxviii, cxix ; 
act amended, 186, 664-665 ; 

laws: 1801, 1-2; 1803, 68-81; 
1806, 196; 1807, 481-495; 1808, 664- 
665; 

penalty for false tax list, 70-71 ; 

sheriff : to list property, 71-72, 
484-485; to take lists of property, 
69-70, 481-483. 

See also Taxation. 
County treasurer, see Treasurer, 

county. 
Court martial, 213 ; how constituted, 
419 ; oath of, 420 ; penalties in- 
flicted by, 422 ; procedure, 419-420. 
Courthouses, Iv, n. 2, clxxxi-ii, n. 4, 

ccx. 
Courts, bill to reform, x, n. 3 ; dis- 
orderly conduct before, 368-369 ; 

laws: 1801, 3-6, 8-15; 1803, iZ- 
42; 1805, 91-92, 93-94, 108-112, 
115-118, 140-141; 1806, 184-185, 
193-196, 200-201, 215-216; 1807, 
225-230, 230-233, 375-388, 443-459, 
507-513; 1808, 658-661, 661-662, 
662-664 ; 

practice in, 268-269. See also 
special courts ; 

of Chancery, xlviii, clxvi-iii, 
cxcvii, n. 1, 108-112, 507-513. See 
also Chancery; 

Circuit, cxxix, cxliv-vi, cxlvii, 
n. 1, cxlviii, civ-vi, clvii-ix, clxxvi, 
n. 5, clxxix, n. 1, clxxxvi, n. 2, 
clxxxix, n. 5, cxci, cxcv, cc, n. 6, 
ccvii, ccviii, ccix, n. 3, ccx, n. 3, 
12, 215, 230-231 ; 

appeals to : by administrators, 
277 ; in probate, 273 ; 

clerks : Common Pleas clerks to 
act as, 562 ; fees of, 49 ; to post 
fee tables, 477; 

divorce jurisdiction of, 324 ; 
duties, 11, 462; to issue process, 



Courts (cont.) 
231; recognizances to, 224, 255; 
to regard equity, 307-308; 

terms of : 86 ; altered in St. Clair 
and Randolph, 555 ; 

writs : of attachment, 266 ; cer- 
tiorari to, in forcible entry, 2)29; 

Common Pleas, xix, n. 2, xxvi, 
xxxiv, XXXV, liii, n. 1, Ivii, Iviii, 
n. 1, cxv, cxviii, n. 5, cxx, cxxii, 
cxxxi, n. 2, cxxxvi, cxxxvii, cxli, 
cxlvii, cxlviii, cli, clii-iii, cliv, n. 1, 
clvii, n. 1, clxi, clxii, clxiv, clxxix, 
n. 1, clxxxi, clxxxviii, n. 3, cxci, 
n. 5, cc, cci, ccii, cciv, ccviii, ccix, 
n. 3, ccxi, n. 1, ccxii, ccxxix, 
ccxxx-xxxi, 115-118, 225-230; 

appeals to : from assessments, 
494 ; in small causes, 383-384 ; 

appoint : assessors, 147, 174, 592- 
593 ; assessors of damage by new 
roads, 430-431; commissioners, 93- 
94, 131-132: constables, 388; fence 
viewers, 345-346 ; overseers of 
poor, 308; supervisors, 434; 

bail for action in, 447 ; bond, of 
clerks, to take, 545-546 ; 

county : buildings, to contract 
for, 492; claims, to audit, 487; to 
estimate expenses of, and levy tax, 
488-489 ; 

debtors, duty regarding release 
of, 99-101, 502-504; duty, 310, 321, 
396-397, 460, 462, 652; equity, to 
regard, 307-308 ; false tax lists, 
duty in case of, 70-71, 483-484; 
fees, how altered, 661-662; 

ferries : may discontinue, 355 ; to 
establish, 352-353 ; to tax, 490 : 

indenture proceedings in, 137, 
138; jurisdiction, 13, 116; pay- 
ments, to order, 140-141, 527-528 
polling places, to designate, 570 
practice in, 2,6, 443-454, 457-459 



INDEX 



699 



Courts (cont.) 
prison bounds, to lay off, 257; 

probate: court merged in, 117; 
duties, 271-273, 274-283, 284; 

real estate, minor's, to authorize 
sale of, 106; recognizances to, 223, 
224, 233 ; return of partitions to, 
125, 521; 

roads : altering, at landholder's 
petition, duty on, 431-432; appli- 
cation for new, duty on, 428-430; 
duty regarding, 427-428; jurisdic- 
tion on, how limited, 433 ; vacat- 
ing, duty on, 432-433; 

school lands, to lease, 668 ; small 
causes in, 384-385 ; standard 
weights and measures, may pro- 
vide, 102-103, 505-506; subpoenas, 
may issue, 229 ; suits continued, 
552; 

taverns: to license, 114-115, 285; 
to make rates, 288; 

tax levy, duty on, 487-489; tax 
on law process in, 496; 

terms: 14, 116; altered, 200-201, 
551, 663; 

vagrants, duty regarding, 566- 
568; 

writs : ad quod damnum, to is- 
sue, 133, 363-365 ; of attachment, 
266; 

County, Iviii, lix, Ix, cvi, cxv, 
cxxvii, clii, clvi, clix, clx-xi, clxv, 
clxxvi, clxxvii, n. 1, cci, ccix, ccx, 
ccxi, n. 1 ; when costs not recov- 
ered, 41 ; 

of Errors and Appeals, 663 ; 

General (Indiana Territory), 
XV, xvi, xxvi, cxlii, cxliii-iv, cxlv, 
cxlvi, cxlvii, clii, cliv-v, clvi, clix, 
cix, n. 1, clxv, clxvi, clxvii, clxix, 
clxxiv, clxxv, clxxvii, clxxviii, n. 
1, clxxix, n. 1, clxxx, n. 2, clxxxvi, 
n. 2, clxxxix, n. 5, cxci, cxcvi, 



Courts (cont.) 
cxcviii, cc, ccviii, n. 6, ccix, ccxi, 
ccxii, ccxxvii, 215-216, 229, 230- 
233; 

appeals to: by administrators, 
277; from Common Pleas on 
roads, 433 ; how limited, 662 ; in 
probate, 273 ; 

attorneys : licensed by, 340 ; may 
disbar, 341 ; 

bail for action in, 447; certiorari 
to, in forcible entry, 329 ; 

clerks : bond, to give, 199, 545- 
546 ; duty, 663 ; exempt from ar- 
rest, when, 426; fees of, 560-561; 
issue process to witnesses in arbi- 
trations, 350 ; office of, inspected, 
454 ; to post fee tables, 477 ; 

decision arrived at, how, 663 ; di- 
vorce jurisdiction, 324; duty, 462; 
equity, to regard, 307-308; jail de- 
livery, power of, 12; no suit under 
fifty dollars, 454; practice in, 3-6, 
33-42, 443-459; practice in, how 
altered, 104-105; recognizances to, 
9, 223, 224, 227, 255 ; sessions, 10, 
663; terms adjourned, 551-552; 
writs of attachment, 266 ; 

General (Northwest Territory), 
X, n. 1, cxxix, cxlviii, clvii-iii, n. 
2, clxiii, cxcii, cxciv, n. 1 ; 

General Quarter Sessions of the 
Peace, xix, xxvi, n. 3, Ivii, Ixxiv, 
cxviii, cxix, cxxxi, cxlvi-vii, cxlix, 
cl, clii, cliv, n. 1, clvii, n. 1, clxi-iii, 
clxxiv, n. 3, clxxix, n. 1, clxxxi-ii, 
n. 4, cc, cci, ccii, ccv, n. 1, ccxxix, 
ccxxx, 9 ; 

appeals : from, 10 ; to, from as- 
sessment, 80 ; 

county : claims audited by, 7Z ; 
expenses, estimated by, 75 ; 

ferries, taxed by, 77; powers of, 
vested in Common Pleas, 116; 



700 



ILLINOIS HISTORICAL COLLECTIONS 



Courts (cont.) 

public buildings, contracted for, by, 
78-79; tavern licenses, duties re- 
specting transferred to Common 
Pleas, 114; tax levy, duty respect- 
ing, 73-75 ; terms, 8 ; 

of Inquiry, battalion, how held, 
409-410; may remit fines, 411-412, 
413; 

of Jail Delivery, xv, cxlv, civ, 
215; 

Nisi Prius, 12; 

Orphans', cvi, cxxx, cxxxi, 
cxxxv, n. 1, cxlvii-viii, cxlix, n. 1, 
cl, clii, clxiv, n. 4, ccii, ccxxix-x ; 
powers vested in Common Pleas, 
116; 

of Oyer and Terminer, cxliv, 
n. 3, cxlv, civ, clxxiv, n. 3, clxxxi, 
215, 229; recognizances certified 
to, 9, 223, 227; 

Probate, cvi, cxlviii-ix, clvii, n. 
1, ccxxx, ccxxxi ; powers vested in 
Common Pleas, 117; 

of Record, sheriff to attend, 234. 
vS"^^ also Judges, Justices, Clerks. 

Covenant, actions in : cliii ; bail re- 
quired in, 443. 

Crimes and punishments, cxxxiv, 
clxxi-xxxiv, 118-120, 235-250, 667. 
See also Penalties and specific 
crimes. 

Crittenden, Thomas F., cxcvi. 

Crittenden, Thomas T., cclxxix. 

Croghan, William, director of In- 
diana Canal Company, 155-156. 

Cryers, exempt from arrest when, 
426. 

Custom of Paris, Ixv, cxi-ii, n. 4, 
ccxv, n. 3, ccxviii, n. 3. 

Damages, assessed in actions, how, 
38-39, 450; against tenant at will. 



Damages (cont.) 
338; by trespassing animals, how 
assessed, 294-295, 345. 

Darneille, Isaac, xxxiv, n. 1, Ivii, 
n. 2, cxii, n. 1, clxxxix, n. 5, cxc, 
cxciii, n. 4, cxcvii, n. 4, ccxxxiv, 
cclxxviii, cclxxx ; biographical 
note, cclxxvi-vii ; charges against 
Harrison by, Iviii, n. 2, Ixxix, n. 3, 
ccxlviii, cclxii ; Letters of Decius, 
by, Ivi, n. 1, ccxli. 

Darneille v. Haggin, cclxxviii. 

Davis, Thomas Terry, xviii, cxi, n. 
1, clx, n. 1, cxcviii ; biographical 
note, ccxxxvii ; incorporator Vin- 
cennes University, 178, 533; judge, 
xvi, cxliii, cxcix, n. 3, ccxxvii, 
ccxxxvi; signs laws, 42, 63, 66, 
68, 81, 83, 84, 85, 87. 

Dayton, Jonathan [Johnathan], Ixxi- 
ii, n. 2; director of Indiana Canal 
Company, 155-156. 

Dearborn County, xxvii, cxv, cxvi, 
cxxxiv, n. 4, cxlix, n. 1, clx, n. 4, 
clxi, n. 2, ccxi, 579 ; 

Common Pleas : sessions 
changed, 200 ; sessions legalized, 
201; terms, 116, 226; 

election districts, 176, 397; land 
tax reimbursed, 602-603 ; sheriff 
of, to take census, 177; terms of 
Circuit Court in, 215, 230. 

Death penalty, for bigamy, 66; for 
horse stealing, 118, 243, 667; for 
murder, 236 ; for rape, 247 ; for 
treason, 235 ; inflicted by hanging, 
250. 

Debt, action of : clxxxviii-ix, 359- 
360, 438, 563 ; appearance bail in, 
34, 443 ; how settled, 450 ; form of 
prosecution, Z73. 

Debtors, cxxxi-iii, clxxi, clxxxvii ; 
absconding, how dealt with, 555- 
558; oath of, 100, 503; remedy 



INDEX 



701 



Debtors (cont.) 
for usury of, 348-349; and secur- 
ities, 120-123, 517-520. 

Decker, Luke, incorporator Vin- 
cennes University, 178, 533. 

Declaration, exceptions to, when 
barred, 454; not necessary to re- 
vive judgment or foreclose mort- 
gage, 663. 

Dedimuses, issued by judge of Com- 
mon Pleas, 228. 

Deeds, by sheriff to execution pur- 
chaser, 262; 

how acknowledged : 142 ; in for- 
eign courts, 293 ; and proved and 
recorded, 290-291; 
testimony to, 291. 

Defects of form, what are imma- 
terial, 453. 

Defendant, in chancery, how to 
swear to his answer, 510; un- 
served, judgment against how, 
clxix, 458-459. 

Defrance, Abraham, appropriation 
to, 143. 

Delinquent tax, how distrained, 79, 
493. 

Demurrer, limitation of, 453-454. 

Depositions, how to be taken, 6 ; 
when to be taken in chancery, 509. 

Deputy sheriff, see Sheriff. 

Deputy surveyor, see Surveyor. 

Desertion, husbands and wives, how 
dealt with, 320-321 ; punished how, 
419. 

Detinue, actions of : cxc, 279, 454 ; 
bail required in, 443 ; limitation on, 
449; suit against unqualified attor- 
neys, 343 ; sum, how found, clxix, 
41. 

Detroit, xxxiv, n. 1, xliv, cxxi, n. 4, 
cxcviii. 

Dickson, Robert, ccxxxi. 

Discharges, to bind minors, 273-274. 



Disobedient children and servants, 
242. 

Disqualification, penalty for : bigamy, 
248 ; bribery in elections, 396 ; 
forgery, 241 ; perjury or suborna- 
tion of perjury, 239-240; sodomy, 
247. 

Distress, for cost of common fence, 
346; for rent, 2,2>1-?>2Z, 335-336. 

District Court, how decision arrived 
at, 663. See also Courts. 

Disturbing congregation, penalty, 
119. 

Dividing suits, cHii ; penalty for, 385- 
386. 

Division, of Indiana Territory, prob- 
lem of, ix, XX, XXV, xxix, xlii, 
xliii, xliv-1, li, Hi, liii, liv, Iv, n. 1, 
Iviii, lix, Ixiv, cxvii, ccix, n. 3 ; of 
Northwest Territory, x, xi, clvii. 

Divorce, cxxix, 323-325 ; cases, ju- 
risdiction over, cxliv; 

law : altered, 107 ; continued, 65- 
66; repealed, 15; 
special act of, 648. 

Docket, of justice of peace: 382; 
penalty for altering, 385. 

Dodge, John, Ixxv, n. 3, ccxvi, n. 3, 
ccxxxix, cclxiv. 

Doolittle, Ephraim, clxxx, n. 2. 

Doorkeepers, of General Assembly, 
compensation, 604. 

Dower, assignment of, 306-307 ; writ 
of, 306. 

Downing, James, cxl. 

Doyle, Benjamin, ccxxxiv, ccxxxviii; 
biographical note, cclxxvii. 

Drains, opened through private lands 
by road supervisors, 435. 

Drinnen, Thomas, clxxviii, n. 4. 

Drunkenness, how punished, 368-369. 

Dubois, Toussaint [Toulssaint], ap- 
propriation to, 143 ; trustee of Vin- 
cennes, 197, 514. 



702 



ILLINOIS HISTORICAL COLLECTIONS 



Duel, challenging to, how punished, 
2>72-Z7Z. 

Dumoulin, John [Js?], Ixxiv, Ixxvi, 
cxxiv, n. 3, cxlv, n. 3, clxxxviii, 
n. 1, cciii, n. 3, cciv, n. 1, ccvi, 
ccxi, cclx, cclxiii, cclxv; biograph- 
ical note, cclvi-vii ; charges against, 
ccvii, ccxlvi; judge, Ivii, cxlvii, n. 
3, ccxxix, cclxi ; land record of. 
Ixxxiii, xcvi, n. 4; signs petitions, 
XX, xxi, n. 1, xxxviii, n. 2, liii, 
n. 4. liv, n. 1. 

Dumoulin, Js, see John Dumoulin. 

Dunlap, James, xciv, n. 2, ccliv, 
cclxxi. 

Dunn, James, Ixxix, n. 3, clxxxi-ii, 
n. 4, cciii, n. 3 ; land record of, 
Ixxxiii, Ixxxvii, n. 1 ; signs peti- 
tion, xxi, n. 1. 

Dunn, Mary, clxxvii, n. 2. 

E O table, penal tj^ for keeping, 371. 

Easton, Rufus, clxxxviii, n. 2, 
clxxxix, n. 3, cxciii, n. 4, cxcvi, 
cxcvii, n. 4, ccxvii, n. 2, ccxxxiv, 
ccxl, cclxxxii ; biographical note, 
cclxxvii-viii. 

Edgar, James, xxxviii, n. 2, lix, 
Ixxxvii, n. 1, cli, n. 1, clxxiv, n. 3, 
ccxi, ccxxxii, ccliii ; appropriation 
for, 208 ; biographical note, cclxxiv. 

Edgar, John, xli, Iv, Ixv, n. 2, Ixxiv, 
Ixxv, n. 1, Ixxvi, Ixxix, xciv, n. 1, 
cxviii, n. 5, cxxiv, n. 3, cxxxix, n. 
2, cxlv, n. 3, cli, n. 1, clxx, n. 2, 
clxxvi, n. 2, clxxxv-vi, n. 4, 
clxxxix, n. 3, cxci, n. 2, cxcvi, n. 3, 
cci-ii, n. 2, cciv, n. 2, ccxi, ccxvi, 
ccxx, n. 3, ccxxi, n. 1, ccxliii, 
ccxliv, cciii, ccliv, cclvii, cclxvi, 
cclxvii, cclxix, cclxxiv, 568 ; bio- 
graphical note, cclxiii-cclxv ; de- 
linquent taxpayer, cxx; indenture 
to. cxli, n. 1 ; judge, Ivii, cxlvii, n. 



Edgar, John (cont.) 

3, cxiix, n. 1, cci, ccxix, n. 2, 
ccxxx, ccxxxi, ccli, cclx; land rec- 
ord of, Ixxviii, Ixxxiii, Ixxxvi, 
Ixxxviii, Ixxxix-xc, xci, xcii, xcvi, 
n. 4, xcvii ; political ambitions of, 
XXV, n. 1 ; political fate of, lix, n. 
3, Ix, cciii ; representative govern- 
ment, attitude toward, xxi, xxvi, 
xxviii ; signs petitions, xx, xxi, n. 
1, xlvi, n. 1, liii, n. 4, liv, n. 1, 
xxxviii, n. 2; treasurer, ccxxxiii; 
views on slavery, xxxvi. 

Edgar group, xxx, n. 2, xcv, xcix, 
n. 3. 

Edgar-Morrison party, xxv, n. 1, 
xxix, Iv, xciii, xciv, ccxii, ccxlii, 
ccxliii, ccxliv, ccxlviii, ccliv, cclxvi, 
cclxvii, cclxix, cclxxiii, cclxxix, 
cclxxx, cclxxxi. 

Edwards, Ninian, xcix, ccxliv, 
ccxlviii, ccl, cclxii, cclxxiv. 

Edwardsville, xcv, n. 4. 

Ejectment, action of, cxc-i, ccxi, 
331 ; exception to, barred, clxix, 
41 ; tenants concealing process, 
334-335. 

Elections, xxvi, xxvii, xxviii, xxix, 
n. 1, xxxiii, xxxiv, xxxv, xxxvii, 
xlii, cli, 390-397, 570-572; districts 
in Dearborn County, 176, 397; 

electors : exempt from arrest at, 
426 ; how qualified, 392-393 ; 

expenses, how paid, 396-397; of 
representatives, 175; returns, 395; 
special, how conducted, 394. 

Elliot, Robert, ccxxxi. 

Elliot, ex. d. F. Vigo v. Buntin, cxci, 
n. 2. 

Enclosures, cxxiii, 344-347; 

special act : 580 ; amended, 654- 
656. 

Engel, Philip, ccxix, n. 2. cclx. 

Entry book, of recorder, 291. 



INDEX 



703 



Eppes, John W., xxxiv, n. 1, xlviii, 
n. 3. 

Equity, clxiv-vi, clxvii ; remedies in, 
307-308. 

Errata, 674. 

Error, writ of, cxliii. 

Errors, technical, what barred, 40-41. 

Espinasse, Nisi Prins, copy in terri- 
tory, cxcvi. 

Estray book, of clerk of Common 
Pleas, 298-299. 

Estrays, how taken up, 298-305. 

Evermaull, Joseph, ccxxxii. 

Evidence, defined in case of : failure 
to inform of altered brands, 211, 
245; hog stealing, 212, 246; 
of validity of deeds, 291. 

Ewing, Nathaniel, incorporator Vin- 
cennes University, 178, 533. 

Ewing V. Hurst, cxcvi, n. 3. 

Examination, of attorney, 343. 

Exceptions to declaration, when 
barred, 454. 

Executions, 13, 14, 187-189, 455, 540- 
541 ; act amended, 665-667 ; 

against : constables' sureties, 387 ; 
real estate, 262-266 ; 

in Common Pleas, against real 
estate of debtor, 381 ; creditor, 
when to take lands, 263 ; distress 
for rent, first paid out of, 333 ; 
form of, 370; how levied by sher- 
iffs, 190-191, 542-543; how long 
stayed, 185 ; for sale of real estate, 
clxx-xxi, 126-133 ; 

in small causes : 380-381, 381- 
382; when stayed, 92; 

issued by : Common Pleas, 229 ; 
General Court, 3, 5 ; 

on probate bond, 275; satisfied 
by tender of sufficient lands, 126, 
128. 

Executive of territory, may prohibit 
sale of arms to Indians, 591. 



Ex post facto, effect disclaimed, 131. 
Extradition, of Robert Slaughter, 
expense appropriated, 83-84. 

False list of taxable property, pro- 
ceedings against, 70-71, 482-484. 
False pretenses, 242-243 ; punished 

same as larceny, 243. 
Fee simple estate, implied by grant, 

bargain and sell, 289. 
Fees, liii, n. 1, cxix, cxx, n. 5, 
clxxxvi, cxciv-v, ccxii, n. 5, 46- 
63, 467-480, 560-562; act amend- 
ing, 649-650; attorney-general, 46- 
47 ; attorneys, 47, 59 ; 

clerk of : Circuit Court, 49 ; 
county, for recording brands, 211- 
212, 245; General Court, 19, 47- 
49; Orphans' Court, 59-60; Quar- 
ter Sessions, 55-56 ; 

collected, how, 61, 478, 546-547; 

Common Pleas: 117; altered, 
how, 661-662; judges, altered, 661; 
justices, 52; 

Common Pleas clerk : 205 ; on 
estrays, 298, 299, 300; for land 
transfer, 600 ; for marriage license, 
251; 

coroners, 58; extortion in, how 
punished, 60; jurors, 50, 58; 

justices of peace : 52-53 ; on es- 
trays, 298, 299, 300; 

lands, for appraisal of, 132; 

licenses : for sale of foreign 
merchandise, 75-76, 489 ; tavern, 
how applied for, 285-286 ; 

notaries public, 92-93, 499 ; pro- 
bate, 58 ; prothonotary, 53-55 ; re- 
corders, 59 ; repeal of law on, 65 ; 

sheriff: 32, 50, 51-52, 56-57; to 
account for, 62-63 ; for collecting 
tax, 72, 486, 600; for collection, 
changed, 664-665 ; as treasurer of 
county, 495 ; 



704 



ILLINOIS HISTORICAL COLLECTIONS 



Fees (cont.) 

surveyors: 25, 26-27, 52, 460- 
461 ; how collected, 28-29, 461-462 ; 
tables of, clerks to keep in of- 
fices, 477; witnesses, 51. 

Felony, bigamy deemed, 66; forcible 
marriages deemed, 67, 249 ; privi- 
leges not extended to, 427. 

Female Seminary, to be established 
by Vincennes University, 183, 538. 

Feme covert, extension of limitation 
for, 5, 457. 

Fence, of common field : 443 ; how 
made and kept, 441-442; 
what sufficient, 344-345, 346-347. 

Fence viewers, duty of, 345-346. 

Ferguson, Hamlet, ccxxxii ; bio- 
graphical note, cclxxiii. 

Ferguson, Thomas, ccxxxii. 

Ferries, cxviii, cxxiii, cl, cH, n. 1, 
352-355 ; discontinued, when, 355 ; 
penalty, for keeping without li- 
cense, 354 ; rates, how established, 
352-353 ; resolution regarding, 18 ; 
tax on, 17, 490. 

Ferryman, proviso in favor of, 367. 

Field committee, of common fields, 
how chosen, duties, 440, 441-442. 

Fieri facias, writ of : clxvi, 308 ; 
binding, when, 112, 511; issued on 
chancery decree. 111, 510; against 
sherifif, 35, 446. 

Fines, cxxxiv, clxxiii, n. 2, 353, 357; 
on collector, 172; in Common 
Pleas, how collected, 227 ; com- 
muted to whipping in case of ser- 
vants, 44-45, 465; on juryman, how 
collected, 12; levied by justice of 
peace, 224; 

militia: appropriation of, 412- 
413 ; brigadier general, for failing 
duty, 414; captain, for neglect of 
duty, 410-411, 418-419: collection 
of, 412, 423; desertion, penalty for, 



Fines (cont.) 
419 ; liability of fathers for sons, 
411; lieutenant-colonel, for neglect 
of duty, 410, 418 ; major, for neg- 
lect of duty, 410; militiaman for 
neglect of tour of duty, 416, 424- 
425 ; noncommissioned officers, re- 
fusal to serve, 406 ; officers, sol- 
diers, misbehavior of, 417-418 ; of 
person insulting, 413 ; private, 
subaltern, for neglect of duty, 411 ; 
remitted, how, 411-412; of witness 
at court martial, 421 ; 

punishment for : altering marks 
and brands, 210, 244-245; assault 
and battery, 242; assessor, failing 
to act, 596 ; bigamy, 248 ; billiard 
table, failure to enter, 602; breach 
of fee act, 650; burglary, 236; 
challenging or carrying challenge 
to duel, 373 ; clerk, for neglect of 
duty, 150, 496, 596, 663; con- 
stables, for failure of duty, 253, 
389; contempt of court, 119; de- 
facing publications, 374-375, 438 : 
disorderly conduct, 370; disturbing 
congregation, 119, 368; escapes, 
aiding in, 258-259 ; excessive fees. 
477-478 ; failure to register ne- 
groes, 138, 524-525 ; false claiming 
of wolf bounty, 563 ; false list of 
taxable property, 70-71, 148-149, 
482-483, 594; firing woods and 
prairies, 398; forgery, 241; fraud- 
ulent deeds, 242 ; gambling, 371 ; 
harboring servants, 204; house- 
holder, failing to report guests, 
317-318; judges of Common Pleas, 
failure to act, 174. 305; jurors, for 
failure of duty, 232-233, 253 ; jus- 
tice, for altering docket, 385; jus- 
tice, for dividing suit, 385-386 ; 
keeping trespassing animals without 
notice, 297; kidnapping negroes, 



INDEX 



705 



Fines (cont) 

139, 525-526; larceny, 240; maim- 
ing, 246; millers, over-charging, 
362, 366; obstructing authority, 
239; obstructing roads, 438; over- 
seers, failure to act as, 311-312; 
perjury or subornation of perjury, 
239-240; provoking M^ords, 372; 
recorder, acting unbonded, 290 ; re- 
cording deed out of turn, 291-292 ; 
representatives, failing to attend, 
395-396 ; riots, 238 ; roads, failure 
to vi^ork on, 433-434 ; robbery, 237 ; 
sabbath breaking, 367; sale of 
arms to Indians, 591 ; sale of 
liquor without license, 285, 286; 
sheriff, for neglect of duty, 192, 
196, 544-545, 666; sodomy, 247; 
soliciting from traveller, by road 
labor, 435-436; spirits, furnishing 
Indians with, 91, 497-498; suffer- 
ing slaves to assemble, 657-658 ; 
supervisors of roads, failing to act, 
108, 439; swearing, 119; usurpa- 
tion, 241 ; witness, failing to ap- 
pear, 659-660; 

by Quarter Sessions, how set 
and paid, 9 ; recoverable, how, 322 ; 
remitted, how, 413 ; satisfied by 
sale of services, 250 ; 

tavern-keepers : harboring ser- 
vants and minors, 286-287; how 
divided, 287-288 ; sale of spirits to 
servants, 287. 

Finney, James, xciv, n. 2, cxci, n. 4, 
ccxl, ccliii ; biographical note, 
cclxxi; coroner, ccxxxiii; judge, 
Ixxxvii, n. 1, cci, n. 2, cciii, ccxxxi ; 
signs petitions, xlvi, n. 1, liii-liv, 
n. 4, lix, n. 2. 

Firing woods and prairies, penalty 
for, 398. 

Fisher, George, xxxiii, Iv, Ixxix, n. 
3, cH, n. 1, cciv, n. 1, ccx, n. 2, 



Fisher, George (cont.) 
ccxxiv, ccli, cclxxi, 568 ; biograph- 
ical note, ccliii ; delinquent tax- 
payer, cxx; judge, ccii, cciii, 
ccxxx, ccxxxi, ccxliii ; land record 
of, Ixxxiii, Ixxxvii, n. 1 ; legislative 
councillor, xxxi, 1, ccxxviii ; sher- 
iff, ccxxxii ; signs petitions, xxi, 
n. 1, xlvi, n. 1, liv, n. 1, lix, n. 2. 

Fisher, Henry, clxiii, n. 1, ccxxxi. 

Fisher, John, cciv, n. 1. 

Fleehart, Joshua, clxxx, n. 3. 

Floyd, Davis, xlix; director of In- 
diana Canal Company, 155-156. 

Forcible entry and detainer, 326-331. 

Ford, James, ccxxxii. 

Foreign attachments, 266-268. 

Forfeiture, clxxiii, n. 2; 

penalty for : burglary in certain 
cases, 237; compounding felony, 
241 ; ferry keeper, failing to give 
bond, 353 ; lottery, 375 ; sham con- 
veyance, 396. 

Forgery, 241 ; of acknowledgment, 
how punished, 289 ; of attorney's 
license, 343. 

Fort Chartres, Ixvii-iii, n. 3. 

Fort Massac, xlviii, n. 3. 

Fort Washington, clxxxi, n. 4. 

Fouk, William, ccxxxii. 

Fouke, Philip, ccx, n. 2. 

Fourth of July, no arrests on, 426. 

Fowler, John, xcviii, xcix. 

France, xxiii, cxi-ii, n. 4. 

Franklin, Benjamin, Ixxi. 

Franklin, William, Ixxi, n. 2. 

Fraudulent deeds, 242. 

Freeholder, process against in small 
causes, 377. 

French, xii, xiii, xvii, xxi-ii, xxxiv, 
n. 1, xxxv, xliii, xlvi, n. 1, Ixii, 
Ixv, Ixvi, Ixvii, Ixx, Ixxiii, Ixxv, 
Ixxxii, n. 1, xcv, n. 2, cv, n. 1, cxiii, 
cxx, cxxiii, cxxiv, cxxv, cxxxi, 



706 



ILLINOIS HISTORICAL COLLECTIONS 



French (cont.) 
n. 1, cxlix-cl, n. 5, clxii, n. 2, 
clxxvi, clxxxi, n. 4, clxxxiv, 
clxxxv, n. 4, clxxxvii, cxc, cxci, 
cxcvii-viii, n. 4, ccv; in Indiana 
Territory, discussion of, ccxii-xxii. 

Gage, Thomas, Ixvi, n. 2, Ixxix, n. 1. 

Gallatin, Albert, xliii, n. 1, xlix, n. 1, 
Ixvi, n. 1, Ixxi-ii, n. 2, Ixxvi, n. 1, 
xciv, n. 1, xcvi, xcvii, n. 1, 
ccxxxvii, cclxxviii. 

Gallows, sitting on, penalty for as- 
sisting escape, 259. 

Gambling, how punished, 370-371. 

Gambling debt, may be recovered, 
372; void, Z71-Z72. 

Gamelin, Pierre, clxxvi, n. 5, 
ccxxxix. 

Gaming table, prohibited, 371. 

Garnett, James M., xl, n. 1, xlv, n. 3. 

General Assembly, Illinois, Ixi, n. 1, 
Ixxvii, n. 4. 

General Assembly, Indiana, xvi, xxx, 
xxxii, xxxiii, xxxiv, xxxv, 
xxxviii, xli, xliv, xlvii, n. 1, Ixxvi, 
cii, ciii, civ, cviii, cxii, cxiv, cxvi, 
cxxiv, n. 4, cxxix, cxxx, n. 1, 
cxxxiii, cxxxvii, cliii, civ, clvi, n. 
1, clix, n. 1, clxi, clxvi. clxvii, 
clxxviii, n. 3, clxxxv, n. 1, ccviii, 
n. 6, ccix, ccxxviii ; chambers of, 
no arrests in, 426 ; 

members : arrest of, notice given 
of, 427 ; compensation, 603-604 ; 
privileges, 396, 425 ; who ineligible 
as, 397. 

See also Legislative Council, 
House of Representatives. 

General Assembly, Northwest Terri- 
tory, ix-x, c, cxxxii. 

General Court, see Courts. 



General issue, who may plead : de- 
fendants under militia law, 417; 
overseers of poor, 322; sherifif, 479. 

General Quarter Sessions, see Courts. 

Gibault, Pierre, Ixx, n. 3, Ixxi-ii, n. 
2, cxxv, n. 1, ccxx, n. 3. 

Gibson, John, xiii, n. 2, xviii, xlviii, 
n. 3, li, n. 1, Ivii, cvi, cxlix, n. 1, 
clxii, ccxxvii, ccxxxv, ccxxxix, 
cclii ; biographical sketch, xiv-xv ; 
certifies copy of laws, 21 ; incor- 
porator Vincennes University, 178, 
533. 

Gilbert, Laiv of Evidence, copy in 
territory, cxcvi. 

Gilbrath, see Gilbreath. 

Gilbreath [Gilbrath?], James, Iviii, 
n. 1, xciv, n. 2, cxx, cxxix, n. 6, 
clxxvii, n. 1, clxxix, n. 3, clxxx, 
n. 2, clxxxi, n. 1, cciii, n. 3, ccxii ; 
biographical note, cclxxii-iii ; cor- 
oner, ccxxxiii ; justice of peace, 
ccxxxii ; land record of, Ixxxiv, 
Ixxxvi ; signs petitions, xxxii, n. 1, 
xxxviii, n. 2, xlvi, notes 1 and 2, 
lix, n. 2. 

Gilham, Isaak, cxl. 

Gilmore, Rodominck, cxciii, n. 4. 

Girardin, Antoine, cclx, cclxv ; signs 
petitions, xxxviii, n. 2, xlvi, n. 2. 

Glass, John, clxxvi, n. 5. 

Goings, William, cli, n. 1, clxxvi, n. 
4, ccx, n. 3. 

Golconda, xiii, n. 3. 

Goshen, xlvii, n. 1, cxl. 

Government, second grade : argu- 
ments against, xxii-iii ; arguments 
for, xxi-ii. 

Governor, xiv, xviii, xix, xxi, xxvii, 
xxix, xxxi, n. 3, xxxiii, xxxvii, 
xxxviii, Ixiv, n. 2, xcix, cv, n. 1, 
cvi, cix, cxiii, cxiv, cxxiii, n. 5, 
cxxiv. n. 4, cxxx. n. 1, cxiv, cliii, 
clxviii, clxxiii, clxxx, cxciii-iv, n. 



INDEX 



707 



Governor (cent.) 
4, cci, n. 1, ccix; 

appoints : auditor, 144, 528 ; 
chancery judge, 109, 507; clerk of 
Common Pleas, 229; judges oi 
Common Pleas, 13, 116, 225; jus- 
tices of peace, 223 ; militia officers, 
402; pilots, 63, 480; sheriff, 233; 
surveyor, 25, 459 ; treasurer, 16, 
145, 530; 

bond, of notaries, to take, 93, 
499; 

calls : special elections, 394 ; 
special terms of court, 215, 232; 
contingent fund to, 668 ; 
Indians : may prohibit sale of 
spirits to, 91, 497; powers on ne- 
gotiating with, preserved, 97, 216- 
217, 498; traders with, to ask au- 
thority to tax, 84 ; 

justices of Quarter Sessions, to 
nominate, 8 ; laws, to contract for 
copying of, 85 ; militia, powers re- 
specting, 413-414, 415; notaries 
public, to commission, 92, 499 ; 
payments on order of, 207 ; treas- 
ury, to draw sum from, 83. 

Graeter, Franz, cclxxiii. 

Graeter, Frederick, ccxxxii ; bio- 
graphical note, cclxxiii. 

Grand Caulee, 587. 

Grand jury, charged with : act for 
marks and brands, 212; vice act, 
375. 

Grand Prairie, Ixix. 

Grand Ruisseau, clxii, n. 2. 

Granger, Gideon, cclxxvii. 

Grant, bargain, sell, imply fee simple 
estate, 289. 

Gratiot V. John Rice Jones, cci-ii, n. 
2, ccxxxix, cclxv. 

Graydon, Digest of Acts of Con- 
gress, copy in territory, cxcv. 

Grenadiers, how raised, 402-403. 



Grififin, Cyrus, ccxxxvi. 

Griffin, John, biographical sketches, 
xvi, ccxxxvi; judge, xv, cxlv, n. 3, 
cxcix, n. 3, ccxxvii ; laws adopted 
by, 1,3; signs laws, 2, 6, 7, 19, 26, 
29, 30, 31, 32, 87. 

Gross, William L., cxc-cxci, n. 2, 
cxciii, n. 1. 

Grosvenor, John, Iviii, n. 3, lix-lx, 
n. 3, cxxxi, n. 2, clxxix, n. 1, 
clxxx, n. 1, clxxxi, n. 1, clxxxv- 
vi, n. 4, cxci, n. 4, cci, ccviii, ccx, 
n. 2 ; biographical note, cclxix ; de- 
linquent taxpayer, cxx ; judge, Ivii, 
ccii, cciii, n. 2, cciv, n. 2, ccxxx ; 
land record of, Ixxxiv, Ixxxvii, n. 
1, Ixxxviii-ix, xcii; signs petitions, 
xxxviii, n. 2, liii, n. 4, liv, n. 1. 

Grosvenor, Parker, xxxviii, n. 2, 
Iviii, n. 3. 

Guardians, cxxii, cxxx, cxxxv, 
cxlviii ; bonds, how discharged, 
274 ; chosen, how, 273 ; consent to 
marriage, when, 251-252; 

minors : to apprentice, 95, 500 ; 
may bind in partitions, 125-126, 
522; to sell real estate of, 106-107, 
281-282. 

Gwathmey, John, director of Indiana 
Canal Company, 155-156. 

Gwathmey, Samuel, incorporator 
Vincennes University, 178, 533. 

Habeas corpus, issue of, by General 
Court, cxliii ; not to move action 
to higher court after issue joined, 
662; remedy for erroneous arrests, 
427. 

Hagerman, Benjamin, cxxxiii, n. 1. 

Haggin, James, cxciii, n. 4, cxcvi, 
cxcvii, n. 4, ccviii, n. 6, ccxxxiv; 
biographical note, cclxxviii-ix. 

Hamilton, Alexander, Ixxi-ii, n. 2. 



708 



ILLINOIS HISTORICAL COLLECTIONS 



Hamilton, Robert, cxii, n. 1, cxciii, 
n. 4, ccxxxiv, ccxxxviii ; biograph- 
ical note, cclxxix. 

Hamilton, William, cxciii-iv, n. 4, 
ccxxxiv ; biographical note, 
cclxxix. 

Hamilton County, clx, n. 4. 

Hamtramck, Harriet, guardian of, 
575. 

Hamtramck, John Francis, xxxvi, n. 
1, Ixxv, n. 2, cxxii, n. 1, clxx, n. 2, 
ccxx, n. 3, ccxxi, n. 1, ccxxii, n. 1, 
cclxiv; lands of, sale of allowed, 
575-576, 576-578. 

Hamtramck, Julian, guardian of, 575. 

Hanging, method of death penalty, 
250. 

Hannah v. Benj. Beckes, cxxxv, n. 3. 

Harbin, John, appropriation for, 208. 

Hard labor, penalty for larceny, 240. 

Hargrave, William, xviii, n. 2. 

Harmar, Josiah, xxi, n. 3, Ixx, n. 5, 
Ixxv, n. 2, ccxvi, ccxxi, n. 1. 

Harrison, John, director of Indiana 
Canal Company, 156. 

Harrison, William Henry, xi, xvi, 
XXX, xxxiii, xxxvii, xl, n. 2, xliv, 
n. 1, li, liv, n. 1, Ivi, lix, Ixvi, n. 1, 
Ixxxi, xcvi, ciii, n. 4, cv, n. 1, ex, 
cxviii, cxxii, cxxix, cxxx, n. 1, 
cxli, cxliii, clx, clxxiv, clxxvi, 
clxxviii, n. 3, clxxxiii, clxxxv, 
cxciii, cxcv, cxcix, n. 3, cc, n. 6, cci, 
ccii, ccviii, n. 7, ccxxvii, ccxxxviii, 
ccxli, ccxlv, ccxlvi, ccxlvii, ccl, 
ccli, ccliii, ccliv, cclv, cclvi, cclvii, 
cclviii, cclix, cclxv, cclxvi, cclxvii, 
cclxx, cclxxi, cclxxix, 197 ; ap- 
pointment policy of, xix ; 

attitude on : Chancery Court, 
clxvi-vii ; Northwest statutes, cxi ; 
roads, cxxiv, n. 4, cli, n. 1 ; slavery, 
XXV ; taxation, cxix; 

biographical note, x, n. 1 ; char- 



Harrison, William Henry (cont.) 
acterized, Ivii, n. 2; charges 
against, xlv, n. 2, xlvii-ix, Iviii, n. 
2, cxvii, cxxxiv-v, n. 4, ccxlviii ; 
criticism of courts by, clxi ; gov- 
ernor, appointment as, xiv, xxxviii, 
n. 1, xliii, n. 1 ; incorporator Vin- 
cennes University, 178