Google
This is a digital copy of a book lhal w;ls preserved for general ions on library shelves before il was carefully scanned by Google as pari of a project
to make the world's books discoverable online.
Il has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one thai was never subject
to copy right or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often dillicull lo discover.
Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher lo a library and linally lo you.
Usage guidelines
Google is proud lo partner with libraries lo digili/e public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order lo keep providing this resource, we have taken steps to
prevent abuse by commercial panics, including placing Icchnical restrictions on automated querying.
We also ask that you:
+ Make n on -commercial use of the files We designed Google Book Search for use by individuals, and we request thai you use these files for
personal, non -commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort lo Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google "watermark" you see on each lile is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use. remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is slill in copyright varies from country lo country, and we can'l offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liability can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through I lie lull lexl of 1 1 us book on I lie web
al |_-.:. :.-.-:: / / books . qooqle . com/|
-
>
'./
LAWS
PASSED
BY THE GENERAL ASSEMBLY
I
OP
ILLINOIS TERRITORY,
AT THEIR SIXTH SESSION,
HELD AT KASKASKIA— 1817— '18
KASKASKIA, I. T.
• # * *
> t ;•- y* \ »*,- -
• * ■* ■* J J J '
BERRY AND BLACKWELL— PRINTErV W Tfilf 'fERRiTORY.
-< ^
1818.
Reprinted by Phillips Bros., State Printers, 1898.
L 6?g1
JAN 4 1933
•••
• •
• •
• • •
•••
• •
• ••
••
• 4
*••
••• ••:
• ••
• • •
• • •
• • •
• • •
• •
• •
• • • • #
• • • •
• m
• ••
• • ••
• •
• •
• •
• •
• •
••• •
• • *
• • • •
• • •
LAWS.
AN ACT to repeal pq,rl>of an act entitled an act sup-
plementary to an act wititlvd, an act establishing Ferries.
BE it enacted by the Legislative Council and House
of Representatives of the* Illinois territory, and it
is hereby enacted by the authority ^f^the same, That the
last section of the above recited h&i,* which compels
owners or occupiers of ferries to pass preachers of the
Gospel free of ferriage, shall be, and the sasWi^ hereby
repealed. •
Sec. 2. And be it further enacted, That this 'acTsja&Jl
take effect from and after its passage. ' I '
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— December 17, 1817.
NINIAN EDWARDS.
AN ACT regulating and defining the duty of Justices
of the Peace in certain cases.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, That it
shall be the duty of each Justice of the Peace in the
territory, to pay over all monies which he may have col-
lected, immediately when called on, at his own house, by
( i )
the person or persons to whom such money is due, on
pain of forfeiting twenty dollars, to be sued for and re-
covered before any justice of the peace for the county,
for the use of the person or persons injured.
This act to take effect and be in force from and after
the first day of March next.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the? legislative Council.
Approved — December 17, 1«8»17;. :
.. V^tlNIAN EDWARDS.
• • • •
• • • • •
• • . •
• • - - \
AN ACT to incqrp&fate the Little Wabash Navigation
# \ \ ** Company.
WHip^S£&S, it is represented to this General Assem-
bly that, tjie opening of the navigation of the Little Wa-
bask.*S #ver will b e °f great public utility, and that there
* We many persons willing to subscribe considerable sums
of money to effect so laudible and beneficial a work, and
it being just and proper, that they, their heirs and as-
signs should be empowered to receive by way of toll,
satisfaction for the money advanced by them in carrying
the work into exection.
BE it therefore enacted by the Legislative Council and
House of Representatives of the Illinois territory,
and it is hereby enacted by the authority of the same,
That James RatliflP, James Gray, James S. Graham,
Daniel Hay, William M'Henry, Leonard White, Seth
Gard, Joseph Pomeroy and C. Slocumb, are hereby
authorized to open books and receive subscriptions
in such places, as they may deem proper; which sub-
scriptions shall be made personally, or by power of at-
torney The said books shall be opened on the first day
of March next, for receiving subscribers, and may con-
tinue open until two thousand shares are subscribed for;
but the aforesaid persons, or a majority of them, may at
.< 5 )
any time after four hundred shares are subscribed for,
call a general meeting of the share-holders, by publicly
advertising the same, at such time and place as they or
a majority of them shall fix on.
Sec. 2. And be it further enacted, That the said sub-
scribers and their heirs and assigns from the time of the
said first meeting, shall be and are hereby declared to be
incorporated into a company by the name and style of
the "Wabash Navigation Company," and may sue and
be sued as such : Such of the subscribers as may be
present at the said meeting, or a majority of them, are
hereby empowered to elect seven directors, who are
hereby authorized to elect from among themselves a
President; which said President and Directors, shall
have the conducting and managing the business of the
company, for twelve months, then next after such elec-
tion; and incase of the death, removal or resignation, or
incapacity of the president, or any of the directors, the
remaining ones, may call a general meeting of the share-
holders to fill such vacancy by elections as aforesaid.
Sec. 3. Be it further enacted, That from time to
time, upon the expiration of the said term for which said
president and directors were elected, the proprietors of
said company may at their next general meeting, which
shall be held annually, either continue the same directors,
who may continue the same president, or either of them
or elect new ones in their stead.
Sec. 4. After the first meeting as aforesaid, the at-
tendance of proprietors in person, or by proxy, having
one hundred shares at the least shall be necessary to con-
stitute a general meeting, but if a sufficient number of
share-holders to constitute a general meeting should not
attend, those who do meet may adjourn the meeting from
day to day, until a sufficient number can be had.
Sec. 5. Each of the shares aforesaid shall be five dol-
lars, payable in five equal instalments, one fifth at the time
of subscribing, and the balance from time to time, as
the president and directors may require, always giving
one months notice in some newspaper, printed in th
territory, that such instalment is due and called for, which
( 6 )
shall be paid in gold or silver, or the notes of the United
States' bank, treasury notes or the notes of banks who
do pay specie, and are current in this territory.
Sec. 6. Be it further enacted, that the said president
and directors by and with the advice and consent of a
majority of the share-holders shall have power to increase
the number of shares to any number not exceeding ten
thousand, when it shall be expedient to do so; and it
shall be the duty of the said president and directors
when they shall increase the number of shares as afore-
said, to give public notice thereof in some public news-
paper, printed in this territory.
Sec. 7. The shares in the said company shall be trans-
ferable, under such regulations as shall be provided, by
the bye-laws and ordinances of the said corporation.
Sec. 8. It shall and may be lawful for the president
and directors, or a majority of them, to agree with the
owners of any land through which any canal is intended
to pass, for the purchase thereof; and in case of disa-
greement, or in case the owner thereof shall be a feme
covert, under age, non compos, or out of the state, on ap-
plication to any two justices of the peace, in the county
in which such land shall lie, the said justices shall issue
their warrant under their hands to the sheriff of their
county, to summons a jury of twf nty four inhabitants of
his county, of probity and reputation, not related to the
parties, nor in anywise interested, to meet on the land to
be valued at a day to be expressed in the warrant, not less
than ten nor more than twenty thereafter; and the she-
riff upon receiving such warrant, shall forthwith summons
the said jury, and when met, shall administer an oath, or
affirmation, to every juryman that shall appear that he
will faithfully and impartially value the land, not exceed-
ing in any case one hundred feet in width, and all dam-
ages the owner thereof may sustain, by cutting the canal
through his, or her land, according to the best of his
skill and judgment, and that in such valuation, he will
not spare any person for favor or affection, nor any person
grieve, for hatred malice or ill-will, and the inquisition
thereupon taken shall be signed by the sheriff, and some
( 7 )
twelve or more of the jury, and returned by the sheriff
to the clerk of the county, to be by him recorded: in
every such valuation, the jury are hereby directed to
describe any ascertain the bounds of the land by them
valued and their valuation shall be conclusive on all per-
sons, and shall be paid by such president and directors to
the owner of the land or his legal representatives, and on
payment thereof, the said company be seized in fee of
such land, as if conveyed by the owner to them, and
their successors by legal conveyance: Provided neverthe-
less, that if any future damage shall arise to any proprie-
tor of land in consequence of opening said canal, or
erecting such works than had been before considered
and valued, it shall and may be lawful for such proprietor
as often as any such new damage shall happen, to apply to
the justice as before recited, and receive and recover the
same as aforesaid, but nothing herein contained shall be ta-
ken or construed to entitle the proprietor of any such land,
to recover compensation for any damage which may hap-
pen to any mills, forges, or other works of improvement,
as shall be begun by such proprietor after such first val-
uation, unless the same damage is wilfully and malicious-
ly done by the said president and directors, or some per-
son by their authority.
Sec. 9. And be it further enacted, That the president
and directors, or a majority of them, are hereby author-
ized to agree with the proprietor for the purchase of any
quantity of land, not exceeding one fourth of an acre, at
or near the place of receiving toll, for the purpose of
erecting buildings, and in case of disagreement, or any
of the causes before mentioned, then such land may be
valued, condemned and paid for as aforesaid, for the pur-
pose aforesaid; and the said company shall upon pay-
ment of the valuation of said land, be seized thereof in
fee simple, as aforesaid: And whereas, some of the places
through which it may be necessary to conduct some ca-
nal, or erect other works may be convenient, for erect-
ing mills, or other water works, and the persons possess-
ed of the same, may design to improve them, and it is
the intention of this act, not to interfere with private pro-
( 8 )
perty, but for the purpose of improving the navigation:
Be it therefore enacted, " That the water, or any part
thereof, conveyed through any canal, cut or made by the
said company, shall not be used for any purpose, but na-
vigation.
Sec. 10. And be it further enacted, That in conside-
ration of the expenses that said proprietors shall be at
in opening the said river, and improving and extending
the navigation thereof, and in keeping the works in repair,
and the said works and canals with all their profits, shall
be and the same are hereby vested in the said proprietors,
their heirs and assigns for the term of thirty years, as
tenants in common, in proportion to their respective
shares, and the same shall be real estate, and be forever
exempt from paying any tax, imposition, or assessment
whatever, and that it shall and may be lawful for the
said president and directors at all times hereafter, subject
to the future regulations of the Legislature as to the rate
of toll, to have, receive, and demand, at such place on
the said canal, as they shall hereafter judge most con-
venient, for all boats or vessels of any description, the
following rates, to-wit:
For each boat not more than 30 feet long and 14
feet wide, $ 2 50
For each boat not more than 45 feet long and 14
feet wide, 3 50
For each boat not more than 60 feet long and 14
feet wide, 5 00
For every foot over 60 feet long 01
For every skiff, perouge, or canoe, not more than
2 tons burthen, nor less than one ton 1 00
For each hundred pipe or hogshead staves, floated
or rafted 01
For each hundred feet of plank, floated or rafted 01
For each hundred cubic feet of otner timber
floated 10
Provided, however, That no boat, perogue, or canoe
loaded with coal, lime, iron or other ore, or household fur-
niture, shall pay more than one half of the aforesaid
( 9 )
prices, and that the said rates, under the limitations afore-
said, shall be collected at such places, and in such man-
ner as the president and directors, or a majority of them,
may from time to time determine; and that the said toll
be rated and paid in the same kind of money, which
subscribers are heretofore compelled to pay in.
Sec. 11. That in case the said company shall not be-
gin the said work in three years after the passage of this
act, that then the said company shall not be entitled to any
benefits arising therefrom, and in case tney shall not com-
plete said navigation as high up as the base line, in five
years for boats or vessels drawing two feet eight inches
water, then shall all exclusive interest of the said com-
pany cea se, as to the navigation and toll, at, to or through
any part of the little Wabash river: and whereas weirs,
may be erected on said canals when cut, and trees may
be fallen in and across the same, and other obstructions
therein to the great injury of the said navigation.
Sec. 12. Be it further enacted, That all weirs here-
after to be made on said canals, or any part thereof, or
trees fallen in, across, or put in so as to stop up the pas-
sage of any vessel, raft or timber, shall be declared
nuisances, and the same be removed or destroyed as
such by the president and directors, or any person for
them. Any person putting any such obstruction in the
aforesaid canals, or any part thereof, shall forfeit and pay
ten dollars for every such offence, to be recovered before
any justice of the peace, in the name, and on behalf of
the Wabash navigation company, and to their use and
benefit.
Sec. 13. The said canals and the works erected
thereupon in virtue of this act, when completed shall
forever thereafter be esteemed and taken as a public high-
way, free for the transportation of all goods, commodi-
ties, or produce whatever, upon payment of the toll im-
posed by this act: Provided, however, at the expiration
of thirty years it shall be the property of the state or ter-
ritory, and shall be subject to such rules and regulations
B
( io )
as the legislature thereof may make and enter into; and
all the right, title and interest of said company shall cease
and be at an end, and shall be fully vested in the state or
territory as aforesaid.
Sec. ]4. At every general meeting the president and
directors shall make report and render a strict and just
account of all their proceedings, and all such other in-
formation as they may think necessary; and such a divi-
dend of the profits shall be made, as the president and
directors may think advisable.
Sec. 15. When any thing is due to any person or
persons from said company, and the same shall remain
unpaid for thirty days, it shall be lawful for any court in
the county having jurisdiction of like sums, to give
judgment on motion for the amount of the sum due
against the president and directors of the said company,
with interest from the end of the said thirty days, to the
time of payment, and costs: Provided, always, that ten
days notice in writing that such motion would be made,
shall have been left at the office of said company, and the
like remedy shall be had against the president and direc-
tors, upon every undertaking they shall make, whether
by bond, bill obligatory, or note in writing, given by
said president and directors, on behalf of the said navi-
gation company, shall be assignable by endorsement
thereon, and such of the notes as are payable to bearer,
shall be negotiable and assignable by delivery only.
Sec. 16. And the same summary remedy is hereby
given against all persons who shall or may be bound by
bond, bill obligatory, or note in writing, or assignment of
the same to the president and directors of the Wabash na-
vigation dompany: Provided, always, that ten days no-
tice shall be given as above, if to be found, if not, a co-
py thereof shall be left with some person over the age of
twenty-one, at his or her place of abode.
Sec. 17. On all motions, judgment shall be given
at the first court, unless for good cause shown, the court
may continue it to the second term, beyond which it
shall on no account be continued; and when the defen-
( 11 )
dant requires it, a jury shall be summoned instanter, to
enquire into any question of fact which either party shall
state under the direction of the court, and which is not
agreed to, and upon the finding of such facts, or the the
agreement to them, the court shall give judgment accor-
ding to the right of the case, without regard to form, and
without pleading in writing.
Sec. 18. The said corporation shall not deal in any
goods, wares or merchandize, or any commodities what-
ever, except what real estate may be absolutely necessa-
ry to carry on their business; and such materials as may
be necessary for the promotion and furthering the navi-
gation of the little Wabash river, and building such
houses as they may find it necessary to have; and also r
the aforesaid kind of money before mentioned, and bills
of exchange.
Sec. 19. The president and directors shall have power
to pass bye laws, rules and regulations for the good
government of the affairs of said company, which
shall not be contrary to the laws of the United States y
nor of this territory.
WILLIS HAKGKAVE,
Speaker pro. tern, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved — December 24, 1817.
NINIAN EDWARDS.
AN ACT forming a separate County out of Callatin r
White and the detached part of Jackson county.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, That all
that tract of country within the following boundaries, to-
wit: Beginning at the corner of townships ten and ele-
ven on the line, between ranges four and five; thence
north with said line thirty -six miles; thence west twenty
( 12 )
four miles to the third principal meridian; thence south
with the same to the line dividing townships ten and ele-
ven; thence east to the beginning, shall constitute a se-
parate county, to be' called Franklin : And for the purpose
of fixing the permanent seat of justice for said county,
the following persons be appointed commissioners: Sam-
uel Hay, Samuel Omelveny and Richard Maulding,
which said commissioners, or a majority of them, being
duly sworn before some judge or justice of the peace
in this territory, to faithfully take into view the situation
of the settlements with an eye to future population,
the convenience and advantage of the people, and the
eligibility of the place, shall meet on the third Monday
of February next, at the house of Moses Garret, in
said county, and proceed to examine and determine on
the place for the permanent seat of justice and designate
the same: Provided, the proprietor or proprietors of the
land shall give to the county, for the purpose of erecting
public buildings a quantity of land at the said place, not
less than twenty acres, to be laid out in lots and sold for
the above purpose; but should the said proprietor or
proprietors refuse or neglect to make the donation afore-
said, then and in that case, it shall be the duty of the com-
missioners to fix on some other place for the seat of jus-
tice as convenient and advantageous as may be to the
inhabitants of said county; which place fixed and deter-
mined upon, the said commissioners shall certify under
their hands and seals, and return the same to the next coun-
ty court in the county aforesaid; which said court shall
cause an entry thereof to be made on their books of re-
cord; and until the public buildings may be erected, the
courts shall be holden at the house of Moses Garrett, in
the county aforesaid.
Sec. 2. Be it further enacted by the authority afore-
said, That the commissioners aforesaid, shall receive a
compensation of two dollars each for every day that they
may necessarily be employed in fixing the aforesaid seat
of justice; to be paid out of the county levy by an order
off the county court.
Sec. 3. Be it further enacted by the authority afore-
( 13 )
said, That whereas the counties of Gallatin, Edwards,
White, Crawford and Franklin compose one district, for
the purpose of electing a member of the Legislative
Council, the citizens of said county entitled to vote,
may at any election for a member of the legislative coun-
cil to represent said district, proceed to vote for such
member; and it shall moreover be the duty of the she-
riff of said county, within ten days after the close of
said election to attend at the court-house of the county
of Gallatin, with a statement of the votes given in said
county, to compare the polls of the respective counties,
and join with the sheriffs of Gallatin, Edwards, Craw-
ford and White counties, in making out and delivering
to the person duly elected ia certificate thereof; and for a
failure thereof, he shall forfeit and pay the same penal-
ties, and for the same purposes, that the sheriffs of Gal-
latin, Edwards, Crawford and White are subject.
Sec. 4. Be it further enacted by the authority afore-
said, That the citizens of the said Franklin county, are
hereby declared entitled in all respects to the same right
and privilege in the election of a delegate to congress,
that are allowed by law to the other counties in this ter-
ritory: And all elections are to be held at the same times
and conducted in the same manner as is provided for
other counties.
Sec. 5. And it is further enacted, That the counties
of Franklin and Jackson, shall vote for one representa-
tive to the house of representatives, at their respective
seats of justice, at the time prescribed for holding such
elections; and the sheriffs of said counties shall meet
at the court-house of Jackson county, within twenty
days after any such election, and make out a certificate,
signed by both of said sheriffs, to the person duly elected;
and if the said sheriffs shall fail to do the same, they shall
forfeit and pay the sum of one hundred dollars, for the
use of said counties, recoverable by indictment, in the
county in which such delinquent sheriff may reside.
( 14 )
This act to take effect and be in force from and after
the passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIRRE MENARD,
President of the Legislative Council.
Approved — January 2, 1818.
NINIAN EDWARDS.
AN ACT to amend an act entitled, an act regulating
Grist Mills and Millers.
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 miller, or
the owner or owners, or occupiers of every water grist
mill now erected, or which shall hereafter be built or
■erected within this territory, shall be entitled to have and
receive out of the grain which may be ground in his, her
•or their said mills: the following rate of toll in full
compensation therefor, to- wit: For grinding and bolt-
ing wheat or rye into flour, one eighth part thereof; for
grinding indian corn, oats, barley or buck-wheat, one
sixth part thereof; for grinding malt and chopping rye,
one eighth part thereof: any thing in the said law to which
this is an amendment, to the contrary notwithstanding.
Sec. 2. And be it further enacted, That the second
section of the above recited act be, and the same is here-
by repealed.
This act to take effect and be in force from and after
its passage.
WILLIAM H. BRADSBY.
Speaker pro tempore, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved —December 17, 1817.
NINIAN EDWARDS.
16 )
AN ACT adding a part of Pope county to Johnson, and
forming a new county out of Johnson county.
BE it enacted by the Legislative Council and
House of Representatives of the Illinois territory,
and it is hereby enacted by the authority of the same,
That the boundary lines of Johnson county, shall hereaf-
ter be as follows, to-wit: Beginning on the range line,
between ranges four and five, east of the third principal
meridian, at the corner between townships ten and eleven,
south of the base line; thence south along the said range
line to the Ohio river; thence down along the Ohio riv-
er, to where the range line between ranges one and two
east intersects the said river; thence north along the said
range line to the corner of townships ten and eleven south ;
thence east along the township line, between townships
ten and eleven, sonth to the beginning. And that all
that part of Pope county, which is included within the
said boundary, shall hereafter be attached to and form a
part of Johnson county.
Sec. 2. And be it further enacted, That all that tract
of country lying within the following boundary, to-wit:
beginning on the range line between ranges one and two,
east at the corner of townships ten and eleven south ;
thence south along the said range line, eighteen miles, to
the corner of townships thirteen and fourteen south;
thence west along the township line, between townships
thirteen and fourteen south, to the Mississippi river; then
up the Mississippi river to the mouth of Big Muddy riv-
er; thence up Big Muddy river to where the township
line between townships ten and eleven south, crosses the
same; thence east along the said township line to the be-
ginning, shall constitute a separate county, to be called
"Union" County. Provided however, that all that tract
of country lying south of township thirteen south, to the
Ohio and Mississippi rivers, and west of the range line
between ranges one and two east, shall until the same be
formed into a separate county be attached to and be a
part of Union county.
( 16 )
Sec. 3. And be it further enacted, That the courts
directed to be holden in Johnson county, shall be held
at the present court-house until a permanent seat of jus-
tice shall be established, and a court-house be erected,
as hereafter directed: and that the courts directed to be
holden in Union county shall be held at the house of Jacob
Hunsaker jr. until a permanent seat of justice shall be
established, and a court-house erected thereat, as herein-
after directed.
Sec. 4. And be it further enacted. That for the pur-
pose of fixing the permanent seat of justice in Johnson
county, William M'Fatridge, James Bane and Isaac D.
Wilcox, are appointed commissioners to meet, or a ma-
jority of them, at the house of James Bane, for the pur-
pose of fixing the permanent seat of justice in Union
county: George Wolf, Jesse Echols and Thomas Cox,
are appointed commissioners to meet at the house of
John Grrammer, on the first Monday in February next,
or on such day as they may appoint within thirty days
thereafter, and after taking an oath before some judge or
justice of the peace, in this territory, to faithfully and im-
partially take into view the geography of the county,
the convenience of the people, and the eligibility of the
place, as near the centre of the county as may be, they
shall respectively proceed to examine and determine on
the place in each county for the permanent seat of justice
in the said counties, and respectively designate the same:
Provided, that the proprietor or proprietors of the land
shall give to the county, at least twenty acres of land, for
the purpose of being laid out into lots and sold, or so
much thereof as the county court may direct, to be ap-
plied to defray the expenses of public buildings thereon
for the use of the county. But in case the proprietor or
proprietors of the land, refuse or neglect in either coun-
ty, to make the donation of land as aforesaid it shall then
be the duty of the commissioners aforesaid for that coun-
ty, to fix on gome other place for the seat of justice, as
convenient and eligible to the centre of said county as
may be, where the proprietor or proprietors of the land
( 17 )
will make the donation of land as aforesaid, which place
when fixed and determined on, the said commissioners,
or a majority of them, in and for each county shall certi-
fy under their hands and seals and return the same with
a conveyance from the proprietor or proprietors of the
land, to the judges of the county court for the use of
the county, to the next county court of their county,
who shall cause an entry thereof to be made on their re-
cords; and the county court in each of the said counties,
shall allow to each of the said commissiouers two dol-
lars per day for each day's necessary attendance, in fixing
the place for the permanent seat of justice.
Sec. 5. And be it further enacted, That the citizens
of Union county are hereby declared to be entitled in all
respects to the same rights and privileges as are allowed
in general.^with other counties of this territory, and in
the election of a delegate to congress, and members of
the house of representatives, when, said county shall be
entitled to a member or members of the house of repre-
sentatives by law.
This act to take effect and be in force from and after
the passage thereof.
WILLIS HARGRAVE,
Speaker pro. tern, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council-
Approved— January 2, 1818.
NINIAN EDWARDS.
AN ACT for the permanent establishment of the seat of
Justice for Crawford County.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same-, That Seth
Gard, Peter Keace and John Waggoner, of Edwards
county, are hereby appointed commissioners for the pur-
C
-2
( 18 )
pose of permanently establishing the seat of justice for
the said county of Crawford; they or a majority of them,
shall meet at the house of Edward N. Cullum, in said
county, between the first and second Mondays in the
month of February next, and being duly sworn before
some judge or justice of the peace of this territory,
faithfully to take into view the situation of the settle-
ments, geography of the county, and the convenience
and eligibility of the place; and shall then and there pro-
ceed to establish a permanent seat of justice for the said
county of Crawford, and designate the same: Provided,
however i that the proprietor or proprietors owning such
land on which the seat of justice may be fixed, shall give
to the said county of Crawford, for the purpose of erect-
ing public buildings, a quantity of land on which the
said commissioners may fix upon for the seat of justice,
not less that twenty acres, to be laid out into lots and sold
for the use of the county; but should the proprietor or
proprietors refuse or neglect to make the donation afore-
said, then and in that case, it shall be the duty of the said
commissioners, to fix upon some other place for the seat
of justice, as convenient as may be to the different settle-
ments in the said county; which place when fixed on,
and determined by the said commissioners, they shall
certify under their hands and seals and return the same to
the next county court of the said county of Crawford.
And the said commissioners shall be allowed for their
services two dollars for every day they may be necessa-
rily employed in fixing upon the aforesaid seat of jus-*
tice, to be paid out of the county levy ; and the said county
court ,so soon as the said commissioners shall make their
return, shall cause an entry of their proceedings to be
spread on the records of the said court.
Sec. 2 Be it further enacted, That the county court,
shall at the term they receive the said commissioners re-
port, proceed to appoint an agent, whose duty it shall be
to lay out the land which may be designated, and given
to the said county into lots, and proceed to sell the same
by the first day of June next; and that the personso ap-
( 19 )
pointed as agent as aforesaid, shall within ten days after
the sale of said lots, return to the clerk of the said coun-
ty court, a correct statement of the sale of said lots, to-
gether with all monies he may have received from the sale
of said public ground; and the said county court at their
next term, oa receiving the return as aforesaid, shall
proceed to erect the necessary public buildings for said
county; and make such allowances to their agents as they
may think just.
Sec. 3. Be it is further enacted, That in order to re-
move all anxiety and quiet the public mind respecting
the future division of Crawford county, it is hereby enact-
ed that a line, beginning on the • Wabash river and run-
ning due west, between townships nine and ten, north of
range eleven west; shall be the line between the county
of Crawford, and a county which may be laid off north
of the same: Provided, however, that all that part of
Crawford lying north of the line last mentioned, shall re-
main attached to and be considered a part of Crawford
county, until a new county shall be laid out north of the
line as above stated.
Sec. 4. Be it further enacted, That all that part of
Crawford county, lying north of a west line between nine
and ten, shall compose an election district or precinct,
in which all elections for members of the legislature,
and delegate to congress, shall be held; and it shall be
the duty of the commissioners to fix on the seat of jus-
tice for Crawford county, as soon after they shall have
fixed upon a place for that purpose as may be, to proceed
to fix on the most convenient place for holding said
elections; and it shall be the duty of the county court,
at the term proceeding the several elections held in that
district, to appoint three fit persons, who shall be judges
of the election, and some fit person to keep the poll
thereof: and it shall be duty of the poll-keeper, to send
a copy thereof to the sheriff of Crawford county, within
three days after the election, who shall attach the same
to his poll for the county of Crawford, and after adding
the votes together, to proceed as in other cases,
( 20 )
Sec. 5. Be it further enacted, That it shall be
duty of the said judges of the election for said district,
to take an oath before some justice of the peace of said
county, faithfully and impartially to conduct the same.
This act to take effect and be in force from and after
the passage thereof.
WILLIS HARGRAVE,
Speaker pro tempore, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approv ed — December 24, 1817.
NINIAN EDWARDS,
AN ACT to repeal an act entitled, an act to amend an
act entitled, an act to amend an act entitled, an act for
levying and collecting a tax on land, . passed the 2£th
day of December, 1814.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and
it is hereby enacted by the authority of the same, That
the above recited act be, and the same is hereby repealed.
Sec. 2. And be it further enacted, That it shall be
the duty of the Auditor of public accounts, to contract
with the Registers of the Land Offices at Kaskaskia,
Shawnoetown, Edwardsville and Vincennes, for abstracts
of all lands within this territory, entered in their respec-
tive offices by non-residents, which have not heretofore
been obtained from Jjhem, and lay their respective ac-
counts defore the legislature at their next session.
This act to take effect from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approve d — December 27, 1817.
NINIAN EDWARDS.
( 21 )
AN ACT to incorporate Medical Societies for the pur-
pose of regulating the practice of Physics and Surgery
nn this territory.
WHEREAS, well regulated medical societies have
been found to contribute to the diffusion of true science,
and particularly the knowledge of the healing art; there-
fore,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, that this
Territory be, and is hereby divided into two medical dis-
tricts, and shall be calledthe eastern and western districts :
the eastern district shall be composed of that part of
the territory lying eastof the meridian line running due
north from the mouth of the Ohio; and the western
district of that part lying west of said line.
Sec. 2. Be it further enacted, That it shall and may
be lawful for the following persons: J. D. Woolverton,
J. E. Throgmorton, Thomas Shannon, Henry Oldham,
James Wilson, John Reid, Amos Chipp, Samuel R.
Campbell, Harden M. Wetherford, in the eastern dis-
trict; and Joseph Bowers, Doctor Todd of Edwards-
ville, Doctor Hancock of St. Clair, Caldwell Carnes,
George Fisher, William L. Reynolds, Doctor Heath of
St. Clair, George Cadwell and Doctor Paine, of Kas-
kaskia, to meet together on the first Monday of May, in
the year of our Lord eighteen hundred and eighteen, at
the towns of Carmi and Kaskaskia, in their respective
districts; and being so convened as aforesaid, or any of
them, being not less than five in number, shall proceed
to the choice of a president, vice president, secretary and
treasurer, who shall hold their offices for one year, and un-
til others shall be chosen in their places; and whenever
the said societies shall be organized as aforesaid, they
are hereby declared to be bodies politic and corporate, in
fact and in name, by the names of the "Medical Society
of the district," where such society shall be respectively
formed; and by that name shall in law be capable of su-
( 22 )
ing and be sued, pleading and being impleaded, and an-
swering and being answered unto, defending and being
defended, in all courts and places, and in all matters and
causes whatsoever, and shall and may have a common
seal, and may alter and renew the same at pleasure; and
the said medical societies shall and may agree upon the
times and places of their next meeting, which shall there-
after be the anniversary day of holding their respective
meetings.
Sec. 3. Be it further enacted, That the Medical So-
cieties established as aforesaid, are hereby respectively-
empowered to examine all students who shall or may
present themselves for that purpose, and give diplomas,,
under the hand of the president and seal of such society,
before whom such student shall be examined; which
diploma shall be sufficient to empower the person so ob-
taining the same, to practice physic or surgery, or both,
as shall be setforth in the said diploma, in any part of the
territory. And the person receiving such diploma, shall
upon the receipt of the same, pay to the president of said
society, the sum of ten dollars, for the use of said society.
Sec. 4. Be it further enacted, That it may be lawful
for the medical societies established as aforesaid, at their
annual meetings, to appoint not less than three nor more
than five censors to continue in office one year, and until
others are chosen; and it shall be the duty of each one
of them, carefully and impartially to examine all students
who shall present themselves for that purpose before each
of them, and report their opinions respectively in writing
to the president of said society; and upon such report
of any one of said censors, if favorable, the president is-
hereby authorized to license such student to practice
physic or surgery, or both, until the next annual meeting
of the medical society; and for such license, such stu-
dent shall pay one dollar to the president for the use of
the society.
Sec. 5. Be it further enacted, That from and after
the organization of the said medical societies in the re-
spective districts, no person shall commence the practice
( 23 )
of physic or surgery in either of the aforesaid districts,
until he shall have passed an examination and received a
diploma, or license as aforesaid ; and if any person shall so
practice without having obtained a diploma or license for
that purpose, he shall forever thereafter be disqualified
from collecting any debt or debts incurred by such prac-
tice, in any court, or before any magistrate in the territo-
ry.
Sec. 6. Be it further enacted, That it shall and may
be lawful for the medical societies which shall be estab-
lished by virtue of this act, to purchase and hold any es-
tate real and personal, for the use of the societies respect-
ively: Provided, such estate as well real as personal,
which the said societies are hereby respectively authoris-
ed to hold, shall not> exceed the sum of twenty thousand
dollars.
Sec. 7. Be it further enacted, That it shall be lawful
for the respective societies to be established by this act,
to make such bye-laws, rules and regulations, relative to
the affairs,concerns and property of said societies relative to
the admission and expulsion of members; relative to
such donations and contributions, as they, or a majority
of the members at their annual meetings shall think fit and
proper: Provided, the bye-laws, rules and regulations
be not contrary to, nor inconsistent with the ordinance,
and laws in force in this territory; nor the constitution and
laws of the United States.
Sec. 8. Be it further enacted, That the treasurer of each
society established as aforesaid, shall receive and be ac-
countable for all monies that shall come into his hands,
by virtue of any of the bye-laws of such society; and
also for all monies that shall come into the hands of the
president, for the admission of members or licensing stu-
dents; which monies the said president is hereby requir-
ed to pay over to the said treasurer, who shall account
therefor to the society at their annual meetings; and no
monies shall be drawn from the treasurer unless such
sums and for such purposes as shall be agreed upon by a
majority of the society at their annual meetings, and by
( 24 )
a warrant for that purpose, signed by the president.
Sec. 9. Be it further enacted, That it shall be the
duty of the secretary of each bi the medical societies to
be established by virtue of this act, to provide a book, in
which shall be made an entry of all the resolutions and
proceedings, which may be had from time to time; and also
the name of each and every member of said society, and
the time of his admission; and also the annual report rel-
ative to the state of the treasury, and all such other things
as a majority of the society shall think proper; to which
book any member of the society may at any time have
recourse; and the same together with all books, papers,
and records, which may be in the hands of the secretary,
and be the property of the society, shall be delivered to
his successor in office.
Sec. 10. Be it further enacted, That it shall be law-
ful for each of the medical societies to be established by
virtue of this act, to cause to be raised and collected from
each member of such society, a sum not exceeding ten
dollars, in any one year, for the purpose of procuring a
medical library and apparatus, and for the encouragement
of useful discoveries in chemistry, botany and such other
improvements as the majority of the society shall think
proper.
Sec. 11. Be it further enacted, That nothing in this
act contained, shall be construed to prevent any person
coming from any state, territory or country from practis-
ing physic or surgery in this territory; such person be-
ing duly authorized to practice by the laws of such state,
territory or country, and having a diploma from any such
medical society.
Sec. 12. Be it further enacted, That it shall be in
the power of the legislature of this territory, and of the
legislature of the state, to be formed out of this territory,
to alter, modify and repeal this act, whenever they shall
deem it necessary or expedient.
( 25 )
Sec. 13. Be it further enacted, That this act shall be,
and hereby is declared to be a public act, and to take ef-
fect from and after its passage.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD.
President of the Legislative Council.
Approved— December 31, 1817.
NINIAN EDWARDS.
AN ACT to authorise Samuel Rogers to erect a Mill-
Dam upon and across the Kaskaskia River.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same. That
Samuel Rogers be and he is hereby authorised to build
a Mill-Dam across the Kaskaskia river, at the place
known by the name of Henderson's ford, in the county
of Randolph.
Sec. 2. And be it further enacted, That the said Ro-
gers shall commence said Mill-Dam within three years
from the passage of this law.
Sec. 3. And be it further enacted, That the said Ro-
gers shall in nowise obstruct the navigation of said ri-
ver, by the erection of said dam ; and if such obstruc-
tion shall be produced by said dam, it shall and may be
lawful for any person whose passage is obstructed, or any
other person, upon application made to the county court
of Randolph county, and ten days previous notice there-
of given to said Rogers, or his assigns, or those claiming
under him, to obtain an order of said court, to demolish
said dam : Provided, however, that if the said dam shall
thereafter be erected or repaired, so as not to produce such
obstruction as aforesaid, it shall and may be lawful for
the owner or occupier thereof to re-establish said dam.
D
( 26 )
9
This act to be in force from and after the passage
thereof:
WILLIS HARGRAVE,
Speaker pro tempore, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council*
Approved —December 27, 1817.
NINIAN EDWARDS.
AN ACT to establish a Fishery on the Kaskaskia river.
WHEREAS, it is represented to this Legislature that
the establishment of a Fishery on the Kaskaskia river,
near to the village of Kaskaskia, would bea public benefit:
BE it therefore enacted by the Legislative Council and
House of Representatives of the Illinois territory,
and it is hereby enacted by the authority of the same,
That Ezra Owen, of the county of Randolph, be, and
he is hereby authorized to erect a Dam on the falls of
the said river, opposite the mouth of nine mile creek,
and opposite the land on which the said Owen now lives,
across the Kaskaskia river, not to exceed three feet high,
for the purpose of catching fish.
Sec. 2. Be it further enacted, That by the erection
of said dam, the said Owen, is in no way to obstruct the
passage of fish, or ordinary navigation; or in any way
damnify the public utility of said river: Provided, that
said fish-dam shall not injure any mill that is now, or
may hereafter be erected, either on the Kaskaskia ri-
ver, or any of its tributary waters.
This act to take effect from and after the passage
thereof.
WILLIS HARGRAVE,
Speaker pro tern, of the House of Representatives.
PIERRE MENARD,
President of the Legislative CounciL
Approved — December 29, 1817.
NINIAN EDWARDS.
( 27 )
AN ACT concerning the manner of working SalUPetre
Caves.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That if
any person shall occupy or work any Salt-petre cave or
caves, in this territory, without first securing the same,
with a good and sufficient fence, of the height required
in other cases by law, so that horses and neat cattle can-
not get to the same; every person or persons so offend-
ing shall forfeit and pay to the owner of any horse or
horses, or neat cattle that shall be killed by drinking the
tray lye, a sum double the value of any such horse or hor-
ses, or neat cattle, to be recovered before any court having
competent jurisdiction to try the same, by an action of
debt.
This act shall take effect from and after the first day
of June next.
WILLIS HARGRAVE,
Speaker pro tern, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved —December 29, 1817.
NINIAN EDWARDS.
AN ACT to authorise the establishment of an additional
Ferry at Shawnoetown.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That
Adolphus F. Hubbard, be, and he is hereby authorised
to establish a Ferry on his land adjoining the town of
Shawnoetown, under the same resctrictions and conditions
as other ferries are laid under by law: Provided, howe-
ver, that no order of court, nor previous application shall
be necessary in order to establish said ferry; provided,
( 28 )
that the said Adolphus F. Hubbard shall have the ferry
in complete operation within three months from the pas-
sage hereof.
This act to be in force from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved, December 29, 1817.
NINIAN EDWARDS.
AN ACT to provide seals for the several Counties in this
Territory.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That the
several courts in each county are hereby authorized to
procure seals in all cases where seals are required by
law, and make appropriations out of the county levy, for
defraying the expense of the same.
This act to take effect from and after its passage.
WILLIS HARGRAVE,
Speaker pro tern, of the House of Representatives .
PIERRE MENARD.
President of the Legislative Council.
Approve d— December 29, 1817.
NINIAN EDWARDS.
AN ACT defining the duty of Sheriffs in certain cases,
and for other purposes.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That in
all cases where an indictment or presentment shall be
( 29 )
found by the grand jury of any county of this territory,
at any term of any court where a grand jury may be
impannelled, and a capias, or venire facias is awarded ta
arrest the defendant, it shall be lawful for the sheriff in
all cases, when the offence does not amount to felony, to
take bail for his appearance at the term to which the writ
is made returnable; which bail shall be bound in a re-
cognizance to the United States, and shall be liable in the
manner hereafter pointed out.
Sec. 2. And be it further enacted, That in all cases,
where the offence charged shall amount to felony, it shall
be the duty of the sheriff arresting the defendant to com-
mit him to the jail of the county where the offence was
committed: Provided, however, that the said defendant
may apply to any judge of the general court or circuit
court or any two judges of the county court, or court
of common pleas of the county in which he may be-
anested, who are hereby authorised to admit the said de-
fendant to bail, or commit him to jail, as he or they may
think justice requires, or the law of the land will justify.
Sec. 3. And be it further enacted, That all recogni-
zances taken as aforesaid by any sheriff, and all recogni-
zances entered into any court whereby any person or
persons are bound to appear in any court at any term
of said court, or on any day, or to abide the order of
said court, if the said defendant or defendants should make
default, whereby his or their recognizance is or are for-
feited to the United States; all such forfeitures may be
recovered by a scire facias issued against said defen-
dant or desendants, for the amount of said recognizance,,
and be proceeded on according to law.
This act to take effect and be in force from and after
the passage thereof.
WILLIS HARGRAVE,
Speaker pro tern, of the House of Representatives.
PIERRE MENARD.
President of the Legislative Council.
Approved— December 29, 1817.
NINIAN EDWARDS.
( 30 )
AN ACT directing the mode of perpetuating testimony
in this territory.
BE it edacted by the Legislative Council and House
of Representatives of the Illinois territory, and
it is hereby enacted by the authority of the same, That
on the petition of any person or persons to one of the
judges of the circuit court, or general court, or county
court now established, or hereafter to be established in
this territory, praying for a dedimus to take the deposi-
tion or depositions of any person or persons named
therein with this territory, the petition setting forth that
the testimony is to perpetuate the remembrance of any
fact, matter or thing which may relate to the boundaries
of. lands, improvements of lands, name or former name
of water courses, the name or former name of any por-
tion or district of country, or regarding the ancient cus-
toms, laws, or usages of the inhabitants of this country,
as far as the same may relate to the future settlements of
land claims, or touching the pedigree, titles to slaves, or
any other matter or thing, necessary to the security of
any estate real or personal, or any other personal right,
particularly specifying the fact or facts intended to be
proved, and supported by the affidavit, or affirmation of
the applicant, that the fact or facts stated in his petition
he believes to be true, the said judge shall award a dedi-
mus directed to any two justices of the peace, or to any
of the clerks of the circuit court, or court of appeals, in
the county where such testimony is to be taken, for the
purpose of taking such deposition or depositions prayed
for in the petition: Provided, however, that it shall be
the duty of the person or persons praying for a dedimus,
for the purpose before mentioned, before proceeding to
take the deposition or depositions, to give one month's pre-
vious notice, with a copy of the petition annexed, to each
and every person that may be known to be interested in
the matter, to be the subject of the deposition or deposi-
tions, or to his or her. or their attorney, or in case the per-
son be a married woman, the notice to be served on her
( 31 )
husband, or if a minor or minors to be served on his, her
or their guardian, or if the guardians should be interested,
then a guardian to be chosen by the court for that pur-
pose; and the said notice shall contain information of
the time and place when the said testimony is to be ta-
ken, or in lieu of a written notice, he, she or they shall
cause the notice in form as aforesaid, with a copy of the
petition addressed to whom it may concern, to be pub-
lished once a week for one month, which shall be at least
two months previous to the day of taking such deposi-
tion, in at least one of the public newspapers, printed in
this territory.
Sec. 2. And be it further enacted, That the said jus-
tices of the peace, or clerks as aforesaid, shall attend at
the time and place appointed, where each and every per-
son who may think himself or herself interested in the
deposition about to be taken, may attend by themselves
orattornies. and may examine and cross-examine, such
deponent or deponents; and all the questions and answers
shall be reduced to writing and enclosed in such deposi-
tion; and the said deposition, being reduced to writing in
the English, or in the language of the deponent, if the
deponent does not understand the English language; and
moreover as near as possible in the very words of the wit-
ness, and distinctly read over to said witness, and sub-
scribed by such witness; and the said justice of the
peace or clerk as aforesaid, shall administer an oath or af-
firmation to the truth of the deposition so taken, and
shall certify the same deposition, and within thirty days
thereafter transmit the same to the county court where
the land or property is situated or supposed to be situa-
ted, that may be affected by the deposition; and the said
clerk shall in his ex officio duty as recorder, record the
same, and shall certify on the back of the deposition, that
the same has been duly recorded, and return it to the per-
son or persons who first-prayed for the same; and the jus-
tice of the peace and the clerk of the court, shall receive
such fees as are allowed to them for similar services.
Sec. 3. And be it further enacted, That a deposition
( 32 )
or depositions, taken in manner and form, and certified
as in this act before mentioned, or a duly certified copy
of the record of any such deposition, may in case of the
death of any such deponent, or in case of inability to give
testimony, in consequence of his, her or their insanity, or
imbecility of mind, or rendered incompetent, by judg-
ment of law, or in case of his, her or their removal, so
that their testimony cannot be obtained in the ordinary
way, on trial may be used as evidence, in any cause to
which it may relate: Provided, that nothing in this act
contained shall be so construed as to prevent any and all
legal exceptions being made and allowed to the reading
such deposition or depositions, on any trial or trials at
law, or in equity, in which the same may be introduced
as evidence.
This act to take effect and be in force from and after
its passage thereof.
WILLIS HARGRAVE,
Speaker pro tern, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Covncil.
Approve d — December 29, 1817.
NINIAN EDWARDS.
AN ACT supplementary to an act entitled, an act sub-
jecting real estate to sale for debt, passed the seven-
teenth day of September, eighteen hundred and seven.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, That when-
ever a judgment shall be rendered against any defendant
or defendants, in any court of record in this territory,
and he or they do not produce sufficient personal estate
to satisfy such judgment, if such defendant or defen-
dants shall either in his or their own name or names, or
the name or name3 of any other person or persons, have
purchased any lands from the United States, entered in
( 33 )
any of the land offices in this territory, and shall not have
paid the whole of the purchase money for said land, it
shall and may be lawful for the party or parties obtain-
ing such judgment or judgments, to demand of the clerk
of the court in which such judgment or judgments may
have been rendered, an execution directed to the sheriff
or coroner, as the necessity of the case may require, of
the county in which the land lies, authorising such sher-
iff or coroner, as the case may be, to levy upon said
land, and expose the same to sale in the same manner
after giving the same notice that is required in case of the
sale of any other lands, by virtue of the act to which this-
is a supplement.
Sec. 2. And be it further enacted, That when any
such sale as aforesaid shall be made, it shall be the duty
of the sheriff to specify in his notice where the land lies,
designating the section or quarter section, the township
and range ; and also to state the number of instalments
that remain unpaid.
Sec. 3. And be it further enacted. That whenever
any sheriff shall levy upon any land or lands as the prop-
erty of any defendant or defendants, which have been en-
tered and purchased in the name or names of any other
person or persons, and the person or persons in whose
name or names the same have been entered, shall claim,
the same, it shall be the duty of said sheriff to return the
execution or executions thus levied, to the next circuit
court or court of common pleas, to be held in his coun-
ty, with a list or memorandum of the lands which have
been levied upon, stating the name or names of the party
or parties claiming the same; and it shall be the duty of
the clerk to issue a notice in writing, directed to the sher-
iff of the county in which the judgment was obtained,
requiring to notify the party or parties at whose instance
the execution or executions issued, that the land has
been claimed, and by whom; and that he must appear at
the next succeeding court to which the execution is made
returnable, to shew cause why the said lands should not
E
-3
( 34 )
be released from any further claim on the part of the said
party or parties, at whose instance the said execution or
•executions were issued; and it shall be the duty of such
sheriff to serve said notice on said party or parties, if he
or they may be found in his bailiwick; and if he or
they are not to be found, to be served on his or their
•agent or attorney; and it shall be the duty of said clerk
to whom such execution and claim are returned, to en-
ter the case on his docket at the head of the returns to
that term of said court.
Sec, 4. And be it further enacted, That it- shall be
the duty of the court to which they are returned, to or-
der a jury to be summoned as in jury trials, and deter-
mine in a summary way the right ef property, according
to the rules of equity; and if the jury shall decide that
the land in dispute is according to equity, the property of
the defendant or defendants; against whom such execution
or executions issued, the party at whose instance the ori-
ginal execution or executions issue, shall be entitled to
sue out a new execution; and after giving the same no-
tice that was at first required, the said land shall be ex-
posed to sale.
Sec. 5. And be it further enacted, That when any
such land as aforesaid, shall be sold at sheriff's sale for
the satisfaction of execution or executions, the sheriff sel-
ling the same, shall give a deed or deeds to the person or
persons purchasing the same, mentioning in said deed or
deeds, the interest which is thereby conveyed.
Sec. 6. And be it further enacted, That when the
sheriff as aforesaid shall levy on land as aforesaid, entered
in the name of any other person or persons than his, as
whose property it is taken, and such other person or per-
sons shall claim the same, it shall and may be lawful for
the party at whose instance the same has been levied up-
on, to file his written interrogatories to the party claiming
the same, requiring him to state on oath the nature of
his or their claim, and whether the land has been in fact
entered for their benefit, and to be paid for with their
money or not; and it shall be the duty of the party to
( 35 )
whom such interrogatories are addressed, to answer the
same on oath ; and a failure to answer in a reasonable
time, shall amount to a relinquishment of claim; and the
court shall proceed to enter a judgment in such case
against such claimant, for ten per cent, on the amount of
said execution, and an order for the sale of said lands,
which were originally levied upon.
Sec. 7. And be it further enacted, That the said par-
ties shall have the right of summoning and coercing the
attendance of witnesses as in other cases; and the trial
of the right of property as aforesaid, shall be conducted
as far as relates to continuances as an original action: —
Provided however, that such trial shall be had at the first
term to which the execution is returnable, if neither par-
ty shew good cause for a continuance.
This act to be in force from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved, January 2, 1818.
NINIAN EDWARDS.
AN ACT to divorce Elizabeth A. Sprigg from the banns
of matrimony.
WHEREAS, it has been represented to this legisla-
ture, that Elizabeth A. Sprigg has been shamefully aban-
doned by James Sprigg, her husband, and that the said
James Sprigg has and does still continue to live in the
most shameful incontinency: And whereas, it has been
represented to this legislature, that said Elizabeth A.
Sprigg must be considerably injured if she cannot ob-
tain a divorce sooner than in the ordinary way: Therefore,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That th»
( 36 )
banns of matrimony heretofore existing between the said
Elizabeth A Sprigg and James Sprigg her husband, be,
and the same are hereby dissolved; and that the said
Elizabeth be, and she is hereby divorced from her said
husband.
This act to be in force from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approve d— January 6, 1818.
NINIAN EDWARDS.
AN ACT to authorise William Morrison of Kaskaskia,
to build a Floating Bridge over the Kaskaski river, in
the county of Washington.
BE it enacted by the Legislative Council and House
of Representatiues of the Illinois territory, and it
is hereby enacted by the authority of the same, That
William Morrison be authorised and permitted at his own
individual expense, to build and establish for the term
of seven years, a Floating Bridge over the Kaskaskia ri-
ver, in the county of Washington, at any eligible point
that may be designated by the commissioners appointed
to fix and establish the permanent seat of justice for said
county: Provided, nevertheless, that the place so desig-
nated by the commissioners, or a majority of them, shall
be at some point, between the mouths of Shoal and
Crooked creeks; and it shall be the duty of the said
commissioners or a majority of them, within five days
after they have fixed and decided upon the permanent
seat of justice for said county, to proceed to examine
the ground on both sides of the river, between the points
before mentioned, and faithfully take into view the situ-
ation of the country and eligibility thereof, to obtain the
best possible ground for a road from thence to the road-
( 37 )
leading from Vincennes to St. Louis or Belleville; and
having fixed and determined upon the most eligible in
their opinion, to promote public convenience, they shall
report the same under their hands and seals, to the first
county court that may sit in the county, and the court
shall record the same: Provided also, that the said Wil-
liam Morrison, shall be bound to pay to the said com-
missioners the sum of two dollars per day each, for the
time in which they may necessarily be employed in fix-
ing on said place.
Sec. 2, Be it further enacted, as a compensation for
erecting and establishing a Floating Bridge as aforesaid,
that the said William Morrison, may charge and receive
as toll therefor, the same rates as are allowed by law, to
those that keep Ferries on the said river, for seven years,
from and after the completion of the said bridge; but
it is provided that the said bridge shall be so constructed
as not to injure the navigation of said river.
Sec. 3. Be it further enacted, That the said William
Morrison, shall not be interrupted, or be injured by any
other persons building a bridge or establishing a ferry,
within three miles of his bridge, for the space of seven
years.
Sec. 4. Be it further enacted, That if the said Wil-
liam Morrison fails or refuses to enter and purchase the
land from the United States, or the proprietor or propri-
etors, that may own the same, and erect, establish and
finish the building of the said bridge within two years,
then and in that case, he shall forfeit all claim to the ben-
efit of this act.
This act to take effect and be in force from and after
the rising of the legislature.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 6, 1818.
NINIAN EDWARDS.
( 38 )
AN ACT to establish the line between the counties of St
Clair and Madison.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the *same, That
a line beginning on the Mississippi river between town-
ships two and three, north of the base line; thence east
along the said township lines, to the eastern boundaries
of the said counties, shall be the division line between
the said counties of St. Clair and Madison.
This act to take effect from and after its passage.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 6, 1818.
NINIAN EDWARDS.
AN ACT declaring Big Muddy River a Navigable
Stream.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That Big
Muddy river from the mouth up to the shoal where the
road leading from Shawnoetown to Kaskaskia crosses
said river, be, and the same is hereby declared naviga-
ble: Provided, that the said stream may be used for the
carying on any mill, or other water works as heretofore,
provided the navigation thereof is not thereby obstructed.
This act to take effect and be in force from and after
the passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council
Approve d— January 6, 1818.
NINIAN EDWARDS.
( 39 )
AN ACT f waning a new County out of the County of
St. Clair.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, That all that
district of country within the following bounds and li-
mits, to-wit: Commencing at the north west corner of
township No. two, north of range No. five west; thence
east to the north east of township No. two north on the
third principal meridian line; thence south with the said
meridian line to the south east corner of township No.
three south; thence west to the south west corner of
township three south of range five west; thence north
between ranges five and six west to the beginning, shall
constitute a separate and distinct county, to be called
Washington: and the seat of justice for said county
shall be at the housa of James Bankson, until it shall be
permanently established, in the following manner, that is
to say, there shall be appointed five persons, to-wit:
Jacob Turman, Thomas Rattan, Leven Maddux, Reuben
Middleton and James Fisher, who, or a majority of them,
being duly sworn before some judge or justice of the
peace of this territory, faithfully and impartially to take
into view the situation of the settlement, the geography
of the county, the convenience of the citizens, and the
eligibility of the place, shall meet on the first Monday in
March next, and proceed to examine and determine on
the place for the permanent seat of justice, and designate
the same: Provided, that the proprietor or proprietors
of the land shall give to the county, for the purpose of
erecting public buildings, a quantity of land at said place
not less than twenty acres, to be laid off in lots and sold
for the above purpose. But should the proprietor or pro-
prietors neglect or refuse to make the said donation as
aforesaid, then and in that case, it shall be the duty of the
said commissioners to fix and decide upon some other
spot or place for the seat of justice, as convenient as may
be to the present and future settlements of said county;
or should the said commissioners ffx it upon lands belong-
( 40 )
ing to the United States, in that case the* judges of the
said county, or any two of them, may apply to the Re-
gister of the land office in which the land lies, and in be-
half of the said county, purchase one quarter section, for
the use of the county, and the seat of justice shall be
established thereon, and the county shall be bound for
the purchase money; which place when fixed upon and
determinsd, the said commissioners shall certify under
their hands and seals, and return their certificate of the
same to the next county court, or court of common
pleas, in the county aforesaid: and as a compensation for
their services, they shall be allowed two dollars for every
day they may be necessarily employed in fixing the afore-
said seat of justico, to be paid out of the county levy;
which said court shall cause an entry thereof to be made
upon their records.
Sec. 2. Be it further enacted, That the citizens of St.
Clair and Washington counties that are entitled to vote,
may at any election for a member of the legislative coun-
cil, and members to the house of representatives to repre-
sent said district, proceed to vote at their respective seats
of justice for such member; and it shall moreover be
the duty of the sheriff of the said county of Washing-
ton, within ten days after the close of said election, to at-
tend at the court-house of the county of St. Clair, with
a statement of the votes given in the said county of Wash-
ington, to compare the polls of the respective counties;
and it shall be the duty of the sheriffs of St. Clair and
Washington, to attend at such time and place, with a
statement of the votes of St. Clair and Washington coun-
ties; and upon counting the votes of the said counties,
it shall be the duty of the sheriffs of St. Clair and Wash-
ington to make out and deliver to the persons duly elect-
ed a certificate thereof. If the said sheriffs or either of
them, shall refuse or fail to perform the duty required of
them by this section, such delinquent shall forfeit and
pay the sum of two hundred dollars, to be recovered by
action of debt, or indictment in any court having juris-
diction, one half to the use of the territory, the other
half to the use of the person suing for the same.
( « )
Sec. 3- Be it further enacted, That the citizens of
Washington county are herby declared to be entitled in
all respects to the same rights and privileges in the elec-
tion of a delegate to congress of this territory, as are al-
lowed to other counties; and all elections are to be con-
ducted at the same time, and in the same manner as pro-
vided for other counties in this territory.
This act to take effect and be in force from and after
its passage thereof.
WILLIS HARGRAVE,
Speaker pro tern, of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved — January 2, 1818.
NINIAN EDWARDS.
AN ACT supplemental to an act entitled, an act supple-
mentary to the several laws for levying and collecting a
tax on Land.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and
it is hereby enacted by the authority of the same, That
it shall be the duty of the several sheriffs to pay over to
the territorial Treasurer, the amount of the tax on land
collected by them respectively, in current bank notes, or
gold and silver coin, or audited paper of the territory;
and if any such sheriff shall fail or neglect to pay over to
the said Treasurer the whole amount of taxes on land
which he may have collected, or which by law he
ought to have collected, on or before the tenth day of
December, yearly arid every year, every such sheriff for
such failure or neglect shall forfeit and pay one per cen-
tum on all such amount for each and every day thereafter,
until the same shall be paid; and it is hereby made the
duty of said Treasurer to charge every such sheriff with
the per centum aforesaid, and to exact the same upon set-
F
( 42 )
tlement: Provided, however, that nothing in this act
contained shall be so construed as to prevent the auditor
of public accounts from giving the several sheriffs afore-
said, credit for the delinquencies, or for lands he r or they
could not sell according to law.
This act to take effect and be in force from and after
the first day of June next.
GEORGE FISHER.
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approve d — January t>, 1818.
NINIAN EDWARDS.
AN ACT providing for taking the census of the inhabi-
tants of the Illinois territory, and for other purposes.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That
there shall be appointed by the Governor, some fit person
in each county within this territory, whose duty it shall
be to take a list of all citizens, of all ages, sexes and co-
lour, within their respective counties, particularly noting
whether white or black, and also noting particularly free
male inhabitants above the age of twenty-one years.
Sec. 2. Be it further enacted, That each commis-
sioner before he enters on the duties of his office, shall
take and subscribe, before some justice of of the peace, or
judge of the county court, the following oath, or affirma-
tion, viz: "I, A B, of the county of do solemn-
ly swear, or affirm as the case may be, that I will well
and truly make a just and perfect enumeration of all per-
sons residents within the county of to the best of
my ability, and return the same to the Secretary of the
territory according to law/'
Sec. 3. Be it further enacted, That the said commis-
sioners so appointed, shall commence on the first day of
( 43 )
April, and shall finish and make return to the secretary's
office on or before the first day of June next; and it shall
be the duty of said commissioners to make the said enu-
meration, by actual enquiry at the dwelling house, or of
the head of every family in their respective counties,
and not otherwise.
Sec. 4. Be it further enacted, That the said commis-
sioners shall each receive as a full compensation for the
above services, and for services hereinafter mentioned,
the following sums, to-wit: the commissioner for the
county of Bond, $40; St, Clair, $70; Madison, $70;
Washington, $ 45 ; Monroe, $ 45 ; Randolph, $ 60 ;
Jackson, $ 40 ; Johnson, $ 70 ; Union, $ 70 ; Gallatin,
$70; White, $70; Edwards, $70; Crawford, $80;
Franklin, $ 40 Pope, $ 40 ; to be paid out of their re-
spective county treasuries.
Sec. 5. Be it further enacted, That the said commis-
sioners shall observe the following form in taking the en-
umeration, viz.
Names of heads of families,
Free white males, twenty-one years and upwards,
All other white inhabitants,
Free people of colour,
Servants or slaves.
Sec. 6. Be it further enacted, That every person
whose usual place of abode shall be in any family on the
aforesaid first day of April, shall be returned as of such
family.
Sec. 7. Be it further enacted, That each and every
free person more than sixteen years of age, whether
heads of families or not, belonging to any family within
any of the counties in this territory, shall be and are here-
by required to render to the said commissions, if requir-
ed, a true account, to the best of his or her knowledge,
of all and every person belonging to said family respec-
tively, on pain of forfeiting twenty dollars, to be sued for
and recovered before any justice of the pace of the
county, one half for the person suing for the same, the
other half to the territory
( 44 )
Sec. 8. Be it further enacted, That if any commis-
sioner having been appointed and qualified as such shall
fail or refuse to perform the several duties required by
this act, he so offending shall forfeit and pay the sum of
two hundred dollars, one half to the use of the person
suing for the same, and the other half to the use of the
territory..
Sec. 9. Be. it further enacted, That the commissioners
to be appointed by virtue of this act, to take the census,
in the several counties in this territory, shall at the same
time take in a list of county and territorial taxes, from
each and every person subject to taxation; and do and
perform all the duties heretofore required of county com-
missioners, in taking in a list of taxable property, and
return a list of said taxable property so taken in, into
the clerk's office of their respective counties according
to law; any thing in any former law to the contrary not-
withstanding.
This act to take effect and be in force from and after
the passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIEERE MENARD,
President of the Legislative Council.
Approved — January 7, 1818,
NINIAN EDWARDS.
AN ACT supplemental to an act entitled, an act for ta-
king the census of the inhabitants of this territory.
WHEREAS, it is doubtful whether the prayer of this
general assembly to congress, requesting that the citizens
of this territory may be permitted to form a state gov-
ernment will be granted, before a census of the inhabi-
tants of this territory shall be taken, and exhibited to
that honorable body: And whereas, a great increase of
population may be expected between the first day of next
June and December following: Therefore,
( 45 )
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territoy, and it
is hereby enacted by the authority of the same, That the
commissioners to be appointed to take the census of the
inhabitants of their respective counties according to the
law to which this is a supplement, shall continue to take
the census of all persons who may remove into their re-
spective counties between the first day of June and the
first day of December next, succeeding; of which ad-
ditional returns shall be made to the secretary's office,
within the first week in December next, and for which ad-
ditional service, compensation shall be made at the next
session of the general assembly: Provided, however,
that no such additional service shall be performed if con-
gress should authorize the citizens of this territory to
form a state government without it; and notice thereof
be given by the governor of the territory, in the news-
paper printed at the seat of government, by the public
printers; which notice it shall be the duty of the gov-
ernor to give if the fact should exist.
This act to take effect from and after its passage.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 10, 1818.
NINIAN EDWARDS.
AN ACT to organize the Militia of Crawford County,
and for other purposes.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That it
shall and may be lawful for the governor of this territory,
to constitute and organise such part of the eighth regi-
ment as lies within Crawford county into a separate re-
giment; the commanding officer of which, shall have
< 46 )
the same powers and perform the same duties as other
lieutenant colonels.
Sec. 2. Be it further enacted, That it shall and may
be lawful for the governor of the territory, to appoint to
each brigade in this territory, a brigade inspector, who
shall exercise all the power, and perform all the duties re-
quired or performed by the adjutant-general, prior to the
twenty-sixth day of December, eighteen hundred and
twelve.
This act to take effect from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council
Approved — January 5, 1818.
NINIAN EDWARDS.
AN ACT to incorporate the Town of Kaskaskia.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, 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 Kaskaskia, to continue
in office until the first Monday in May next, and until
the election of their successors, as hereinafter provided,
to-wit: John M'Ferron, Shadrach Bond, Henry Bien-
venue, Antoine Ravel and Elias K. Kane.
Sec. 2. Be it further enacted, that the holders of lots
in said town, being residents thereof, or being in posses-
sion of any lot or lots, and holding a bond for convey-
ance, 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 Randolph county to
give twenty days previous notice in writing, at the door
of the court house of said county, that such an election
will be holden; and also to superintend and conduct the
( 47 )
same; and may employ a clerk to assist him in keeping
the poll; for which services, compensation shall be made
by the trustees.
Sec. 3. Be it further enacted, That the trustees shall
have power to appoint a clerk to their board, and to ap-
point a town constable; it shall be the duty of the clerk to
assess and value annually all the lots in said town, and make
a return thereof to the trustees, having previously taken
an oath before some justice of the peace, truly and im-
partially to perform the same; but in the valuation of the
said lots, the houses and other improvements erected
thereon, shall not be taken into consideration.
Sec. 4. And be it further enacted, That upon the re-
turn of such list of assessment and valuation by the clerk,
the trustees shall lew a tax on each owner of a lot or
lots, at a rate not exceeding two per centum per annum,
on the valuation of said lots, for paying such expenses
as have heretofore accrued for surveying the streets, and
for paying the expenses of their officers, clearing and
keeping in repair the streets and such other improvements
as may be deemed expedient and necessary, by the board
of trustees.
, Sec. 5. And be it further enacted, That it shall be
the duty of the clerk annually, after the trustees shall
have fixed the rate of taxation, to place the amount on
each lot in the list, and deliver the same to the town con-
stable, who shall collect the same from the several per-
sons charged therewith; but before he enters on the du-
ties of his office, he shall give bond and security to the
trustees and their successors in office, in double the sum
to be collected, conditioned for the faithful collection and
accounting for the same according to law; and shall
moreover take an oath before some judge or justice of
the peace of the county, that he will faithfully and im-
partially execute the duties of his office to the best of his
abilities according to law. The said constable shall by
sale of the lots or otherwise, collect and account with the
trustees for the amount of the taxes put into his hands
for collection, within three months from the time the list
( 48 )
shall be put into his hands for collection ; and for the
collecting of the sajd taxes, the trustees shall allow the
said constable a sum not exceeding ten per cent, on the
amount collected. The said constable shall make per-
sonal application to the person or persons charged with
the tax in the list, if they be residents of the said town,
before he shall expose to sale any lot or other property,
to make the amount of the tax due, and if the amount be
not paid to the constable within one month after such ap-
plication, it shall and may be lawful for the constable to
seize any personal property of any such delinquent, which
he may find in said town; and after having giving ten
days previous notice in writing at the door of the court
house of the county to make sale thereof, or so much as
will pay the tax and cost of keeping the property; and
in case the constable cannot find any personal property,
whereof he can make the taxes due from any person
charged with the taxes aforesaid, it shall and may be
lawful for the constable to sell the whole, or so much of
each lot at public sale, after having given three weeks
previous notice in some public newspaper, printed in
said town, as will pay the taxes due thereon, and the cost
of advertising; and shall give the purchaser or purchasers
a certificate thereof, which shall vest the title completely
in the purchaser, in whose name soever the same shall be
sold, unless the same shall be redeemed by the owner, by
paying to the purchaser within twelve months after such
sale, the amount of the purchase money with one hun-
dred per centum thereon; Provided however, that in
case there shall be no bidder for any lot or lots thus ex-
posed to sale, the same shall be struck off by the con-
stable in the name of the trustees, for the use of the said
town; and the constable shall certify the same according-
ly, and the title shall be vested in the trustees in the same
manner and under the same restrictions, as if the same
had been sold to any other purchaser or purchasers.
Sec. 6. Be it further enacted, That on the death, re-
signation or removal of any one or more of the trustees,
the vacancy shall be filled by the remaining trustees, who
( 49 )
shall appoint a successor or successors to continue in of-
fice until the next election; and in case there should not
be an election held for trustees at the time appointed by
this act, the last trustees in office shall continue in office
until the next annual election.
Sec. 7. And be it further enacted, That the trustees
of said town, or a majority of them, shall have power
and authority to make such bye-laws, rules and ordinan-
ces, for the good regulation of the said town and the
commons attached thereto, as shall to them seem meet, if
not inconsistent with the laws of this territory, or the or-
dinance, and cause the same to be published in the most
public place in said town, from time to time, for the in-
formation of all the citizens thereof. And it shall be the
duty of the said trustees to assign some piece of ground
on the commons, near to said town, for a public burying
ground. And the said trustees may whenever they shall
think proper, on the application of the owner or owners
of land adjoining said town, and wishing to lay off the
same into town lots, and have the same attached to, and
made a part of the said town, to cause a plan thereof, to
be connected to the existing plat of the said town, under
such conditions as the said trustees may deem necessary,
not inconsistent with law; and may require and take
such bonds or obligations with security, from suoh ap-
plicant as they may deem requisite.
Sec. 8. And be it further enacted, That it shall be
the duty of the said trustees to cause the streets of said
town to be cleaned and kept open, and cause the lines
thereof to be perpetuated by proper stakes or stones; and
cause all ponds and stagnant pools of water to be drain-
ed, which may be supposed detrimental to the health of
the inhabitants. The said trustees or a majority of them,
shall have power to direct all tresspassers and persons not
having a right, to be removed from the commons, at-
tached to the said town; and may for public use, permit
such public buildings to be erected on any unappropri-
ated lot or lots in said town, or the commons attached to«
E
( 50 )
the same, as they may deem proper for the benefit of the
said town to order and direct. And the board of trus-
tees for said town, shall have power for and in behalf of
said town, to sue and be sued, plead and be impleaded, in
any suit or suits, real, personal, or mixed in any courts
in this territory.
Sec. 9. And be it further enacted, That any three of
the trustees of said town, shall be sufficient to constitute
a board, and they may direct the town constable to exe-
cute and observe, such rules and orders, as they shall re-
quire to be executed and carried into effect.
This act to take effect and be in force from and after
the passage thereof.
GEORGE FISHEK,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council
Approved — January 6, 1818,
NINIAN EDWARDS.
AN ACT for the relief of Thomas C Brown, a mem-
ber of the Legislative Council.
WHEREAS, Thomas C. Brown, a member of the
legislative council was taken sick on his way to the seat
of government, to attend the legislature, and did not ar-
rive until part of the session had elapsed:
BE it therefore enacted by the Legislative Council
and House of Representatives of the Illinois ter-
ritory, and it is hereby enacted by the authority of the
same, That the said Thomas C. Brown, shall receive
his per diem compensation from the commencement of
the present session of the legislature.
GEORGE FISHER,
Speaker of the House of Representatives.
PIRRE MENARD,
President of the Legislative Council
Approve d — January 10, 1818,
NINIAN EDWARDS.
( 51 )
AN ACT providing for the collection of the tax of one
thousand eight hundred and seventeen, and for other
purposes.
WHEREAS, it bas been represented to this legisla-
ture, that in consequence of the change in the mode of
taking in taxable property, some counties have not as-
sessed at all, and others have assessed it after the time
prescribed by law, the consequence of which is, there
has been in several counties no tax collected: for re-
medy whereof,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, That it shall
be lawful for the county court in any county in this territo-
ry, where the property has been assessed prior to the pas-
sage of this act, to order the sheriff of said county to
proceed to collect the same, in the same manner as if it
had been assessed agreeable to law.
Sec. 2. And be it further enacted, That it shall be
the duty of the county court in any county in this terri-
tory, where there has been no assessment, or where the
court shall be of opinion that such assessment has only
been a partial one, to appoint commissioners in each
township, who shall be qualified in the same manner, and
perform the same duties, and receive the same emolu-
ments, as specified in the act entitled an act altering the
mode of taking in taxable property, passed the eleventh
day of January, eighteen hundred and seventeen.
Sec. 3. Be it further enacted, That the several she-
riffs shall proceed to collect the said county and territo-
rial tax, so assessed and put into his or their hands for
collection, in the same manner, and under the same rules,
regulations and penalties, as near as may be, that are
prescribed by the above recited act: Provided, however,
that all monies which have been collected as tax, by any
sheriff of any county, shall be and is declared legal, as if
the same had been assessed and collected according to
law.
( 52 >
Sec. 4. And be it further enacted, That the several
counties from which any portion of either of the coun-
ties of Union, Washington and Franklin and Johnson
have been taken, shall have the same power of collect-
ing the county levy, or territorial tax, which has been
assessed in said counties and remains unpaid, as though
those counties had not been erected.
Sec. 5. Be it further enacted, That the said counties
from which any portion of those new counties was ta-
ken, shall have the power to issue their process into so
much of those new counties as originally belonged to
them for the purpose of bringing to a final close, all bu-
siness now pending in said counties.
This act to be in force from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 9, 1818.
NINIAN EDWARDS.
AN ACT supplemental to an act entitled, an act for the
removal and safe keeping of the ancient records and
papers of this territory, passed the 25th day of De-
cember, 1812.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That
the secretary of the territory shall be entitled to the same
fees for each and every search of the ancient papers and
records of this territyry, that were allowed to the recor-
der of Randolph county, when said papers and records
were in his possession.
( 53 )
This act to be in force from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 8, 1818.
NINIAN EDWARDS.
AN ACT to amend an act entitled, an act establishing
courts for the trial of small causes, passed the seven-
teenth day of September, eighteen hundred and seven.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois t^rrtkQfY, and it
is hereby enacted by the authority of the sAnie^ That so
much of the above recited act as requires defenstan-tp on
stay of execution, when not a freeholder, to give secjflM-
ty in the nature of special bail, be, and the same is here-
by repealed.
Sec. 2. And be it further enacted, That where judg-
ment shall be given against a person who is not a free-
holder in the county where such judgment shall be gi-
ven or obtained, no stay of execution shall be had, un-
less such person shall give good and sufficient security to
the adverse party, for -the payment of the amount of the
judgement so obtained, within the times specified in the
above recited act.
This act to take effect and be in force from and after
the passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD.
President of the Legislative Council.
Approved— January 9, 1818.
N INIAN EDWARDS.
( 54 )
AN ACT supplemental to the acts establishing circuit
courts, and for the appointment of circuit attornies.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and ft
is hereby enacted by the authority of the same, That
the county of Washington shall hereafter be attached to,
and form a part of the first judicial circuit; and the coun-
ty of Union to the second circuit and the county of
Franklin to the third circuit: Bhii: the circuit attornies
shall prosecute all pleas on Jbeli&lf of the territory, origi-
nating in said counties. e * v v. \
Sec. 2. Be it f urtber* exacted, That the United States'
Judges who hold tWcjfcuit courts in this territory, shall
hold 'circuit courts* in the aforesaid counties of Wash-
L b <"
ing, Union ancl vW Pranklin, according to the provision
of the firsfc^ection of this act.
Sec. ^. vBe it further enacted, That the circuit courts
in^h^GOunties aforesaid shall be holden at the following
tita&gr to-wit : In the county of Washington, on the third
* Mondays of February, June and October; in the coun-
ty of Union, on the fourth Mondays of August, April
and December; in the county of Franklin, on the fourth
Mondays of January, May and September.
Sec. 4. Be it further enacted, That said circuit attor-
nies shall each receive an annual salary [oi one hundred
dollars, to be paid quarterly out of the public or territo-
rial treasury, and shall receive the following fees, viz.
for all indictments which are sustained for treason, mur-
der, or felony, the sum of fifteen dollars, and for indict-
ments or presentments, which are sustained by the courts
for any offense which is not felony, the sum of five dol-
lars.
Sec. 5. In all cases where the party shall be convict-
ed, the fees aforesaid shall be paid by such convicted par-
ty, to be taxed in the bill of costs against such defendent
and collected accordingly: Provided, however, that where
the party convicted shall not be able to pay the fees afore-
said to the said attornies, it shall be paid out of the coun-
ty treasury.
( 55 )
Sec. 6. And be it further enacted, That all cases
where an indictment shall be sustained and the traverse
jury shall find the defendant not guilty, the prosecuting
attorney shall be entitled to the same fees as are allowed
for similar prosecutions, and to be paid by the prosecutor.
This act to take effect from and after the passage
thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved —January 9, 1818. f
NINIAN EDWARDS.
AX ACT to authorize Joseph Smith to build toll bridges
across the Big and Little Beaucoup creeks.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That Jo-
seph Smith, be, and he is hereby authorized to erect toll
bridges across the Big and Little Beaucoup creeks, on
the road leading from Kaskaskia to Shawncetown, and
shall enjoy the profits therf of, for twelve years from the
passage of this act: Provided, the bridges are erected
within one year from the passage hereof; and the said
Smith shall receive such toll as the county courts may,
from time to time allow: provided also, that no toll bridge
shall be erected within three miles either above or be-
low the said bridges, within the aforesaid twelve years.
This act to be in force from the passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 10, 1818.
NINIAN EDWARDS.
( 56 )
AN ACT to regulate the representation in certain Coun-
ties in the General Assembly.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and
it is hereby enacted by the authority of the same, That
the counties of Johnson and Union shall be entitled to
one member in the house of representatives; and the
qualified voters in said counties may at any election for
a member of the legislative council and house of repre-
sentatives to represent said counties, and the district of
which they compose a part, proceed to vote at their res-
pective seats of justice for such members.
Sec. 2. Be it further enacted, That it shall be the
duty of the sheriffs of Johnson and Union, ten days after
the close of the election, to attend at the seat of justice
for Johnson county with a statement of the votes given
in their respective counties, to compare the polls, and
upon counting the same, to give to the person duly elect-
ed as a member of the house of representatives, a certi-
ficate thereof. It shall also be the duty of the said she-
riffs, and the sheriff of Pope county to attend at the same
time and place, with a statement of the votes given in
their respective counties for a member of the legislative
council; and on comparing and counting said votes, to
give the person duly elected a certificate thereof.
Sec. 3. Be it further enacted, That the counties of
Bond and Washington, shall be entitled to one member
in the house of representatives; and that the qualified
voters of said counties may vote for the same at their re-
spective seats of justice at the time prescribed by law
for such elections in other counties; and it shall be the
duty of the sheriffs, or their lawful deputies of said
counties, within eight .days after the elections, to
meet at the place called Hill's ferry, on the Kaskaskia ri-
ver, with a statement of the polls of their respective
counties ; and on comparing and counting the same, to
give to the person duly elected a certificate thereof:
Provided, that nothing herein contained shall be construed
( 67 )
so as to change the right now secured to the citizens of
said counties, of voting for a member of the legislative
council, for the respective districts; but the elections for
that purpose, shall be as heretofore prescribed.
Sec. 4. Be it further enacted, That the county of St.
Clair shall not hereafter be allowed to elect more than one
member of the house of representatives.
Sec. 5. Be it further enacted, That the qualified vo-
ters of said counties, shall be allowed all the rights and
privileges that are secured to the qualified voters of other
counties in the election of a delegate to congress.
Sec. 6. All laws repugnant hereto shall be, and the
same are hereby repealed.
This act to take effect and be in force from and after
its passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 9, 1818.
NINIAN EDWARDS.
AX ACT to incorporate the Stock holders of the Illinois
Navigation Company.
WHEREAS, Henry Bechtle, and his associates, citi-
zens of the United States of America, and proprietors
of the town of America, in the county of Johnson, and
territory of Illinois, purpose to improve the navigation of
the waters near the mouth of the Ohio river, in said ter-
ritory, by cutting Canals, erecting Locks, and other
works as to them shall seem necessary: and whereas, it is
proper and advisable to encourage so laudable an under-
taking: Therefore,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That
H
( 58 )
Henry Bechtle, and his associates, for the purpose of
cutting canals, erecting locks, arid other works as afore-
said, shall be, and hereby are made a corporation, in fact
and in deed, by the name of the President and Directors
of the Illinois Navigation Company, and by that name
they and their successors shall have succession, and shall
be persons in law, capable of suing and being sued,
pleading and being impleaded, answering and being an-
swered unto, defending and being defended, in all courts
and places whatsoever, and they and their successors shall
be in law capable of purchasing, holding and conveying
any estate, real or personal, for the public use of said cor-
poration, and may have and use a common seal, and the
same may break, alter and renew at pleasure; and the
president and directors for the time being, or a major part
of them, shall have power to make and prescribe such
rules and regulations, as to them shall appear useful and
proper, touching the management and disposition of the
stock, property and estate of the said corporation; and
touching the duties and conduct of the officers and
agents employed therein; and touching all such matters
as appertain to the said corporation, with power to ap-
point such and so many officers, clerks, agents, servants
and workmen, to be employed in and about the business
and concerns of the said corporation as they may deem
necessary.
Sec. 2. Be it further enacted, That the capital stock
of the said corporation shall be divided into ten thousand
shares, and each share shall be one hundred dollars; and
that each stock-holder shall be entitled to a number of
votes for the directors, proportioned to the number of
shares which, he, or she shall have or hold in his or her
name, each share being entitled to one vote; the shares
subscribed shall be paid in current money of the United
States, and in such instalments as the president and di-
rectors may order.
Sec. 3. Be it further enacted, That so soon as two
thousand shares shall have been subscribed, under the
direction of the person heretofore named, there -shall be
( 59 )
held at the town of Shawnoetown, in said territory, an
election for five directors, by the stock-holders entitled
to vote as aforesaid, reserving the right to any stock-hol-
der to vote by his authorized agent or attorney; and in
case of the death of any such stock-holder the right to
vote, shall be exercised by his executor or administrator;,
and a majority of votes actually given, shall determine
such election of directors, who shall choose from among
themselves a president, and shall continue in office one
year from the time of such election, and until others are
chosen; and annually thereafter there shall be an election
for directors and president, as aforesaid, at such place in
said town of America, as the president and directors shall
designate, by public notice being given two months pre-
vious to such election, in some public newspaper in said
territory; and in case it should happen at any time that
an election for directors should not be held upon a day
when pursuant to this act it ought to have been holden,. the
said corporation shall not on that account be dissolved,.
but it shall be lawful to appoint another day in sue h man-
ner as shall have been prescribed by the rules and ordinan-
ces of the said corporation; and in case of the death, re-
signation or removal from office, of any president or di-
rector, his place may be filled up by a new election for
the remainder of the year, in such manner as may be di-
rected by the rules and ordinances of said corporation.
Sec. 4. Be it further enacted, That if any share-hol-
der shall fail to pay any instalment in one month after the
same becomes due, two months notice having been given
as aforesaid, such share or shares shall be publickiy sold
under such rules and regulations, as the said president and
directors shall provide; and the money arising from such
sale, shall first be appropriated to the payment of the sum
due the said corporation, and the excess, if any, shall be
paid to the delinquent; and in case such share or shares
shall sell for less than the amount due the corporation,,
the deficiency shall be recovered from such delinquent
share-holder by suit.
Sec. 5. Be it further enacted, That the president and
( 60 )
directors shall have full power and authority to cut any
canal from the Mississippi to or near the said town of A-
merica, on the river Ohio, and erect such locks, and oth-
erwise improve, as to them shall seem advisable and ne-
cessary, to complete the objects of the said corporation;
and the said president and directors may carry on the said
canal from place to place, and from time to time as they
may think proper and may build such wharves as they
may deem expedient; and the president and directors for
the time being, shall have power and authority to estab-
lish the rate of tolls, which shall not exceed twenty-five
cents per ton, for each and every ton which the boat or
vessel passing through the canal shall measure; and for
every boat or vessel, not exceeding six tons, one hundred
and fifty cents; for every forty cubic feet of timber,
plank or lumber of any description, there may be charg-
ed a toll of twenty-five cents; the rate of wharfage, shall
not exceed five cents per ton, for each ton which the boat
or vessel liable to wharfage shall measure, for any time
not exceeding five days; and the said president and direc-
tors for the time being, are hereby authorised to declare
an equal dividend semi-annually arising from the nett pro-
ceeds of the profits accruing to the said corporation, after
deducting the expenses of repairs and contingent char-
ges, to which the said corporation have been subject.
Sec. 6. Be it further enacted, That the directors or
a major part of them, whenever they may deem it proper
may call a meeting of the stock holders to consult or de-
cide upon measures of importance, touching the con-
cerns of said corporation, and such matter or measure
shall be decided upon by a plurality of votes.
Sec. 7. Be it further enacted, That no transfer of
stock shall be valid or effectual, until such transfer shall
be entered or registered, in a book or books to be kept
for that purpose by the directors.
Sec. 8. Be it further enacted, That the bills obliga-
tory and of credit, under the seal of said corporation,
which shall be made to any person whatever, shall be as-
signable by endorsement thereupon, under the hand of
( 61 )
such person or his assignee, so as absolutely to transfer
and vest the property thereof in such assignee; and to en-
able such assignee to bring and maintain an action there-
upon in his own name; and all bills or notes which may
be issued by order of said corporation, for the payment
of money to any person whatever, or his order or to bear-
er, though not under the seal of the said corporation, shall
be binding and obligatory upon the said corporation, in
like manner and with like force and effect, as upon any
private person, if made by him, and shall be assignable
and negotiable in like manner, as if made by such private
person.
Sec. 9. Be it further enacted, That if the said cor-
poration should not have the fee simple property in the
land through which the aforesaid canal shall be cut* the
president and directors aforesaid, shall and may make ap-
plication to any court of record in the county where such
land may lie, for a writ of ad quad damnum, having first giv-
en ten days previous notice to the proprietor or proprietors
of such land, if he or they are to be found in the county,
if not, then to his agent, if any he hath in the county;
or if no agent is to be found in the county, then it shall
be the duty of said president and directors, to give pub-
lic notice at the door of the court house of the proper
county, for two terms successively, that such application
will be made, and when notice shall be given as afore-
said, the court shall thereupon order the clerk to issue
such writ, directed to the sheriff of the county, comman-
ding him to summon twelve good and lawful men, to
meet on the land proposed to be occupied by the said cor-
poration, for the purpose of cutting a canal and erecting
locks as aforesaid, on a day certain to be named in the
writ, of which due notice shall be given by the said she-
riff to said proprietor or proprietors, or his or their agent
or attorney, if to be found within the county; and if the
jury so summoned shall be charged and sworn by the
sheriff, who is hereby empowered to administer such
oath, impartially and to the best of their judgment to
view the land, proposed to be cut for said canal, having
due regard therein to the interest of both parties, and to
( 62 )
appraise the same according to its true value; and the in-
quest so found, made and sealed by the said jurors, to-
gether with the writ shall be returned by the said sheriff
to the next succeeding term of the court, from whence
«uch writ was issued; and the said court shall thereupon
order a summons to be issued to such proprietor or pro-
prietors, his or their agent, if to be found within the
county, to shew cause if any there be, why said appli-
cants should not be permitted to cut said canal through
his, or their land, and if good and sufficient cause shall
not be shewn to the contrary, the said court are hereby
empowered to permit the said president and directors to
cut said canal through the land of such proprietor or pro-
prietors, upon their paying to him, her or them, the full
aml^nt of damages found by said jury; but if any da-
mage should accrue to any person or persons in conse-
quence of cutting said canals, or erecting such locks
which was not foreseen and estimated by such jury, the
person so injured shall not be debarred his right of action
for the same.
Sec. 10. Be it further enacted, That the said canal shall
be so far completed on or before the first day of January
one thousand eight hundred and thirty, as to admit of
the passage of boats or vessels of twenty tons burthen.
Sec. 11. Be it further enacted, That it shall and may
be lawful at any and at all times, for the legislature of
this territory, or the legislature of the state, whenever a
state government shall be formed, to appoint a commit-
tee to examine into the state and condition of the con-
cerns, property and management of the said corporation;
and such legislature may alter at any time, the rates of
toll and wharfage, and after the year one thousand eight
hundred and fifty, the whole of the profits arising from
the tolls and wharfage, shall be given to the territory or
state, when a state government shall be formed, to be by
snch state or territory, appropriated to its own use, be-
yond which time, the corporation shall not continue,
without the consent of the legislature.
Sec. 12. Be it further enacted, That after the first
( 63 )
elections of the president and directors, as aforesaid, all
the business of the said corporation shall be transacted
at the town of America, and not elsewhere.
Sec. 13. Be it further enacted, That if the aforesaid
canal or canals, shall not be so far completed as to admit
of the passage of boats or vessels of twenty tons burthen,
from the Ohio to the Mississippi, on or before the year
one thousand eight hundred and thirty, it shall bo lawful
for the legislature of the territory, or the state to be form-
ed out of the same, to dissolve the incorporation hereby
granted.
Sec. 14. The total amount of debts which the said
corporation shall at any time owe, whether by bill, bond,
note or other contract, shall not exceed twice the amount
of their capital stock, actually paid for, together with the
monies actually deposited with said corporation, for safe
keeping; and in case of excess, the directors under
whose administration it shall happen, shalj be liable for
the same in their natural and private capacities, and an ac-
tion of debt may be brought against them or any of them,
or any of their heirs, executors or administrators, in any
court competant to try the same, or either of them, by
any creditor or creditors of said corporation. But this
provision shall not be construed to exempt the said cor-
poration, or the lands, tenements, goods and chatties of
the same from being liable for, and chargeable with the
said excess. Such of the said directors as may have been
absent when the said excess was contracted or created, who
may have dissented from the resolution or act whereby it
was contracted or created, may respectively exonerate
themselves from being so liable by forthwith giving notice
of the fact, and of their absence, or dissent, at a general
meeting of the stockholders, which they shall have pow-
er to call for that purpose.
Sec. 15. Be it further enacted, That the said corpo-
ration shall not at any time suspend or refuse payment in
gold and silver of any of its notes, bills or obligations,
nor of any monies received upon deposit by said corpo-
ration; and if the said corporation shall at any time neg-
> 4
( 64 )
lect or refuse to pay on demand any bill, note or obliga-
tion, according to the contract, promise or undertaking
therein expressed, or shall neglect or refuse to pay on de-
mand, any monies received on deposit, to the person or
persons entitled to receive the same, then, and in every
such case, the holders of. such note, bill or obligation,
or the person or persons entitled to demand and receive
the same, shall recover interest on the said bills, notes,
obligations or monies, until the same shall be fully paid
and satisfied, at the rate of twelve per cent, per annum,
from the time of such demand, as aforesaid : Provided
also that the legislature of the territory, or of the state to
be formed out of the same, may at any time hereafter,
enact laws to enforce and regulate the recovery of the
amount of the notes, bills, obligations or other debts, of
which payment shall have been refused, as aforesaid, with
the rate of interest above mentioned, vesting jurisdiction
for this purpose in any courts, either of law or equity,
within this territory.
Sec. 16. Be it further enacted, That it shall and may
be lawful for the legislature, at any future period, to in-
crease the stock of said corporation, and to take for the
benefit of the territory or state to be formed out of the
same, any quantity of said increased stock, not exceed-
ing five thousand shares, with all the rights and privileges
belonging to other stock-holders, and to be exercised in
such manner as the legislature may direct.
Sec. 17. Be it further enacted, That this act be- and
it is hereby declared to be a public act, and that the same
be construed in all courts and places, benignly and favor-
ably for all beneficial purposes therein mentioned.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council
Approved — January 9, 1818.
NINIAN EDWARDS.
( 65 )
AN ACT to incorporate the Bank of Edwardsville.
WHEREAS, Benjamin Stephenson, John M'Kee,
and others, by their petition to the legislature, have pray-
ed to be incorporated for banking purposes: Therefore,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That a
Bank shall be established at Edwardsville, the capital
stock whereof, shall not exceed three hundred thousand
dollars, to bo divided into shares of fifty dollars each;
one third thereof may be subscribed for by the legisla-
ture of this territory, or state, when a state government
shall be formed, which state or territory shall be entitled
to such part of the dividend of the said corporation in
proportion to the amount actually subscribed by such
territory or state, which interest shall be divided into
shares of fifty dollars each, in the same manner as individ-
ual stock is divided ; and that subscriptions for constitu-
ting the said stock, shall be opened at Edwardsville, and
at such other places as may be thought proper, under the
superintendance of such persons as shall hereafter be ap-
pointed; which subscription shall continue open from
time to. time, as shall be thought best by the persons
hereinafter mentioned: Provided however, that so soon
as there shall be fifty thousand dollars subscribed for in
the whole, and ten thousand thereof actually paid in, the
said corporation may commence business, and issue their
notes accordingly.
Sec. 2. Be it further enacted, That it shall be lawful
for any person or partnership or body politic, to subscribe
for such or so many shares as he, she or they may think
fit. The payment of the subscriptions shall be made by
the subscribers respectively, at the time of subscribing
there shall be paid five dollars on each share, in gold or
silver, or bank bills that will command the same; and
the residue of the stock shall be paid at such times and
in such instalments as the directors may order: provided,
I
-5
( 66 )
that no instalment shall exceed twenty-five per cent, on
the stock subscribed for, and that at least sixty days no-
tice shall be given in one or more newspapers of the ter-
ritory: and provided also, that if any subscriber shall
fail to make the second payment, at the time appointed
by the directors for such payment to be made, shall for-
feit the sum so by him, her or them, first paid to and for
the use of the corporation.
Sec. 3. Be it further enacted, That all those who
shall become subscribers to the said bank, their succes-
sors and assigns shall be, and they are hereby enacted and
made a corporation and body politic, by the name and
style of "The President, Directors and Company of
the Bank of Edwardsville," and shall so continue until
the first day of January one thousand eight hundred and
thirty-eight; and by that name shall be and are hereby
made able and capable in law, to have, purchase, receive,
possess, enjoy and retain to them and their successors,
lands, rents, tenements, hereditaments, goods, chattels
and effects of what kind, nature, or quality soever, to an
amount not exceeding in the whole, five hundred thous-
and dollars, including the capital stock aforesaid. And
the same to grant, demise, alien or dispose of, to sue and
be sued, to plead and be impleaded, answer and be an-
swered, defend and be defended, in courts of record, or
any other place whatever; and also to make, have and
use a common seal, and the same to break, alter and re-
new at pleasure; and also to ordain, establish and put in
execution such bye-laws, ordinances and regulations, as
they shall deem necessary and convenient for the govern-
ment of the said corporation, not inconsistent with the
laws of the territory, or constitution ; and generally to do,
perform all and singular acts, matters and things, which
to them it shall or may appertain to do; subject however,
to the rules, regulations, limitations and provisions, here-
inafter prescribed and declared.
Sec. 4. Be it further enacted, That for the well or-
dering of the affairs of the said corporation, there shall
be nine directors, the first election for whom, shall be by
( 67 )
the stock-holders by plurality of votes actually given on
such day, as the persons appointed to superintend the sub-
scriptions for stock, shall appoint by giving at least' thir-
ty days notice in one or more of the public newspapers
of the territory; and those who shall be duly chosen at
any election, shall be capable of serving as directors, by
virtue of such choice, until the full end and expiration of the
first Monday of January next, ensuing the time of such
election, and no longer; and on the first Monday of Jan-
uary of each and every year thereafter, the election for
directors shall be holden, and the nine directors after
their first meeting after each election, shall choose one of
their number as president.
Sec. 5. Be it further enacted, That in case it should
happen at any time, that an election for directors should
not be had upon any day when pursuant to this act it
ought to have been holden, the corporation shall not for
that cause, be considered as dissolved, but it shall be
lawful to hold an election for directors at any other day,
agreeably to such bye-laws and regulations, as may be
made for the government of said corporation; and in
such case the directors for the time being, shall continue
to execute and discharge the several duties of directors
until such an election is duly had and made, any thing
in the fourth section to the contrary notwithstanding;
and it is further provided, that in case of death, resigna-
tion or removal from the territory of any director or di-
rectors, the vacancy shall be filled by an election to be
held by the directors for the balance of the year.
Sec. 6. Be it further enacted, That a majority of the
directors for the time being, shall have the power to ap-
point such officers, clerks and servants under them, as
shall be necessary for executing the business of the cor-
poration; and to allow them such compensation for their
services respectively as shall be reasonable; and shall be
capable of exercising such other powers and authorities
for the well governing and ordering of the affairs of the
said corporation, as shall be prescribed, fixed and deter-
mined by the laws, regulations and ordinances of the
( 68 )
same: Provided always, that a majority of the whole
number of directors shall be requisite in the choice of a
president and cashier.
Sec. 7. Be it further enacted, That the following
rules, restrictions, limitations and provisions, shall form
and be the fundamental articles of the constitution of the
said corporation, to- wit: The number of votes to which
the stock-holders shall be entitled in voting for directors,
shall be according to the number of shares, he, she, or
they may respectively hold.
II. None but a bona fide stock-holder, being a citi-
zen of the territory, shall be a director; nor shall a di-
rector be entitled to any other emoluments than such as
shall be allowed by the stock-holders at a general meet-
ing; but the directors may make such a compensation
to the president for his extraordinary attendance at the
bank, as shall appear to them reasonable and just.
III. Not less than four directors shall constitute a
board for the transaction of business, of whom the pres-
ident shall always be one, except in case of sickness, or
necessary absence; in which case, his place may be sup-
plied by any other director, whom he by writing under
his hand, may depute for that purpose.
IV. Any number of stock-holders not less than fif-
teen, who shall be proprietors of not less than fifty shares
each, shall have power to call a general meeting of the
stock-holders, for purposes relative to the institution, by
giving at least thirty days notice in one or more public
newspapers of the territory, specifying in such notice
the object or objects of such meeting; and may moreover
appoint three of their number as a committee to examine
into the state and condition of the bank, and the manner
in which its affairs have been conducted: Provided, That
no member of such committee shall be a director, presi-
dent or other officer of any other bank.
V. Every cashier before he enters upon the duties of
his office, shall be required to give bond with two or
more securities, to the satisfaction of the directors in the
sum of not less than ten thousand dollars, conditioned
( 69 )
for his good behaviour and the faithful performance of
his duty, to the said corporation; and the other officers
and servants shall also enter into bond and security, in
such sum as the president and directors may prescribe.
The lands, tenements and hereditaments, which shall be
lawful for the said corporation to hold, shall be only
such as shall be requisite for its immediate accommoda-
tion, in relation to the convenient transaction of its bu-
siness, and such as shall have been bona fide mortgaged
to it by way of security, or conveyed to it by way of sat-
isfaction, for debts previously contracted in the course
of its dealings, or purchased upon judgments, which
shall have been obtained for such debts.
VI. The total amount of debts which the said corpo-
ration shall at any time owe, whether by bond, bill, note
or other contract, shall not exceed twice the amount of
their capital stock actually paid over, and above the mo-
nies then actually deposited in the bank for safe keeping;
and in case of excess, the directors under whose admin-
istration it shall happen, shall be liable for the same, in
their natural and private capacities; and an action of debt
may be brought against them, or any of them, their or
any of their heirs, executors or administrators, in any
court competent to try the same, or either of them by
any creditor or creditors of the said corporation. But
this provision shall not be construed to exempt said cor-
poration, or the lands, tenements, goods or chattels of
the same, from being liable for, and chargeable with the
said excess; such of the said directors who may have
been absent wh6n the said excess was contracted or crea-
ted, or who may have dissented from the resolution or
act whereby it was contracted or created, may respective-
ly exonerate themselves from being so liable by entering
their protest against the same.
VII. The said corporation shall not directly or indi-
rectly deal or trade, except in bills of exchange, gold
and silver, or in the sale of goods really and truly pledg-
ed for money lent, and not legally redeemed in due time,
or of goods which shall be the proceeds of its lands;
( 70 )
neither shall the said corporation take more than at the
rate of legal interest allowed by the territory, or state
formed out of the same, for or upon its loans or dis-
counts.
VIII. The shares of the capital stock of said corpo-
ration, shall be assignable and transferable at any time,
according to such rules as shall be established in that be-
half, by the laws and ordinances of the same; but no
stock shall be transferred, the holder thereof being in-
debted to the bank, until such debt be satisfied, except
the president and directors shall otherwise order it.
IX. The bills obligatory and of credit, under the seal
of the said corporation, which shall be made payable to
any person or persons, shall be assignable by an endorse-
ment thereupon, shall possess the like qualities as to ne-
gotiability; and the holders thereof, shall have and main-
tain the like actions thereon, as if such bills obligatory
and of credit had been made by, or on behalf of a natu-
ral person; and all bills or notes which may be issued
by order of the said corporation, signed by the president
and countersigned by the principal cashier or treasurer
thereof, promising the payment of money to any person
or persons, his, her or their order or to bearer, though
not under the seal of the said corporation, shall be bind-
ing and obligatory upon the same in like manner, and
with like force and effect, as upon any person or persons
if issued by him, her or them, in his, her or their private
or natural capacity or capacities; and shall be assigna-
ble or negotiable in the like manner, as if they were so is-
sued by such private person or persons, that is to say,
those which shall be payable to any person or persons,
his, her, or their order, shall be assignable by endorse-
ment in like manner, and with like effect, as bills of ex-
change now are; and those which are payable to bearer,
shall be assignable and negotiable by delivery only.
X. Half yearly dividends shall be made of so much
of the profits of the bank, as shall be deemed expedient
and proper; and once in every three years the direc-
tors shall lay before the stock-holders at a general meet-
( 71 )
ing, an exact and particular statement of the debts which
shall have remained unpaid after the expiration of the ori-
ginal credit, for a period of treble the time cf that cred-
it, and the surplus of profit, if any, after deducting los-
ses and dividends; if there shall be a failure in the pay-
ment of any part of any sums subscribed to the capital
of said bank, the party failing shall loose the dividend
which may have accrued prior to the time of making
t such payments during the delay of the same.
! Sec. 8. And be it further enacted, That the said cor-
poration shall not at any time suspend or refuse payment
in gold or silver, of any of its notes, bills or obligations,
nor of any monies received on deposit in said bank: and
if the said corporation shall at any time refuse or neglect
i to pay on demand, any bill, note or obligation, issued by
the corporation according to the contract, promise or un-
dertaking therein expressed; or shall neglect or refuse to
pay on demand any monies received in said bank, or in
its office aforesaid on deposit, to the person or persons en-
titled to receive the same; then and in every such a case,
tie holder of any such note, bill or obligation, or the
person or peasons entitled to demand and receive the
same, shall receive interest on the said bills, notes, obli-
gations or monies, until the same shall be fully paid
and satisfied, at the rate of twelve per cent, per annum,
from the time of such demand as aforesaid: Provided*
that the legislature of this territory may at any time here-
after, enact laws to enforce and regulate the recovery of
the amount of the notes, bills, obligation or other debts,
of which payment shall have been refused as aforesaid,
with the rate of intereSt above mentioned, vesting juris-
diction for that purpose in any court, either in law or equi-
ty, within this territory.
Sec. 9. Be it further enacted, That Benjamin Ste-
phenson, James Mason, John M'Kee, Joseph Conway
and Abraham Prickett, or any three of them, shall be
commissioners for the purpose of receiving subscriptions,
who shall have power to appoint a person to receive the
money required to be paid at the time of subscribing; and
( 72 ) x
the said receiver shall as soon as the directors are appoin-
ted, pay over the same into the hands of such person or
persons, as the directors may direct.
Sec. 10. Be it further enacted, That the aforesaid
corporation shall not be dissolved previous to the expi-
ration of their charter, nor until their debts, contracts,
notes, bills of exchange or undertaking in their corpo-
rate capacity, shall be finally and faithfully settled: Pro-
vided also, that after the expiration of their charter, they
shall not transact business according to the true intent and
meaning of this act, further than to settle and close their
contracts as above provided.
This act to take effect and be in force from and after
its passage thereof.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD, (
President of the Legislative Council
Approve d — January 9, 1818.
NINIAN EDWARDS.
AX ACT to incorporate the City and Bank of Cairo.
WHEREAS, John G. Comyges, Thomas H. Harris,
Thomas F. Herbert, Charles Slade, Shadrach Bond,
Michael Jones, Warren Brown, Edward Humphreys
and Charles W. Hunter, have become proprietors by
purchase from the United States, of all that certain tract
of land, situate between the Ohio* and Mississippi rivers,
and near the junction of the same; and which said tract
of land is particularly known and distinguished upon a
map or chart of that district of the territory of Illinois,
in which the same is comprised as follows, viz. : South
fractional half of section number fourteen, south frac-
tional half of section number fifteen, fractional section
number twenty-two, twenty-three and twenty-four, north
fractional half of section number twenty-five, north half
of section number twenty-six, and the north east fraction-
( 73 )
al quarter of section number twenty-seven, in township
number seventeen, south of range one west, and con-
taining in the whole eighteen hundred acres, or there
abouts. And Whereas, the said proprietors, represent
that there is in their opinion, no position in the whole ex-
;' tent of these western states better calculated as it respects
;i- commercial advantages and local supply, for a great and
% important city, than that afforded by the junction of those
J two great highways the Mississippi and Ohio rivers, But
; that nature having denied to the extreme point formed by
their union, a sufficient degree of elevation to protect the
improvements made thereon from the ordinary inunda-
tions of the adjacent waters, such elevation is to be found
only upon the tract above mentioned and described, so
that improvements and property made and located there-
on, may be deemed perfectly and absolutely secure from
all such ordinary inundations, and liable to injury only
from the concurrence of unusually high and simultaneous
inundations in both of said rivers, an event which is al-
ledged but rarely to happen, and the injurious conse-
quences of which it is considered practicable by pro-
per embankments, wholly and effectually and perma-
nently to obviate. And whereas, there is no doubt but
that a city erected at or as near as is practicable to the
junction of the Ohio and Mississippi rivers, provided it
be thus secured by sufficient embankments, or in such
other way as experience may prove most efficacious for
that purpose, from every such extraordinary inundation,
must necessarily become a place of vast consequence to
the prosperity of this growing territory, and in fact to
that of the greater part of the inhabitants of these wes-
tern states. And whereas, the above named proprietors
are desirous of erecting Such city, under the sanction
and patronage of the legislature of this territory; and also
of providing by law for the security and prosperity of the
«ame; and to that end propose to appropriate the one
third part of all monies arising from the sale and disposition
of the lots into which the same may be surveyed, as a
K
( 74 )
fund for the construction and preservation of such dykes,
levees, and other embankments as may be necessary to
render the slam e perfectly secure; and also if such fund
shall be deemed sufficient thereto, for the erection of pub-
lic edifices, and such other improvements in the said ci-
ty, as may be from time to time considered expedient and
practicable, and to appropriate the other two third parts
of the said purchase monies to the operation of banking.
And whereas, it is considered that an act to incorporate
the said proprietors and their associates, to-wit: All Such
persons as shall by purchase or otherwise hereafter be-
come proprietors of the tract above mentioned and descri-
bed, as a body corporate and politic, while it guaran-
tees to all those who may become free-holders or resi-
dents within the said city, the fullest security as to their
habitations and property, will at the same time concen-
trate the views and facilitate the operations of the said
proprietors and their said associates, in rendering the said
city secure from all such inundations as aforesaid, and in
promoting the internal prosperity of the same: Therefore,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That
the said John G. Comyges, Thomas H. Harris. Tho-
mas P. Herbert, Charles Slade, Shadrach Bond, Michael
Jones, Warren Brown, Edward Humphreys and Charles
W. Hunter, proprietors as aforesaid of the said tract of land
above mentioned, and all such persons as may hereafter
become proprietors by purchase or otherwise, of any por-
tion of the same, being at the same time stock holders
in the bank, hereinafter to be provided for; and also, all
such persons as may become stock holders in said bank,
without being proprietors of any of said lots, be and they
are hereby ordained, constituted and appointed a body
corporate and politic, in fact and in name, of the "Presi-
dent, Directors and Company of the Bank of Cairo;"
and by that name they and their associates, proprietors
and stock-holders as aforesaid, may for thirty years here-
after have succession, and shall be persons in law capa-
( 75 )
ble of suing and being sued, pleading and being implea-
ded, answering and being answered unto, and defending
and being defended in all courts and places whatsoever,
in all manner of actions, complaints and causes whatsoever,
and that they and their successors, proprietors as afore-
said, may have a common seal, and may alter and change
the same at their pleasure.
Sec. 2. And be it further enacted, That the said
John G. Comyges and his said associates, and his and
their heirs and assigns, proprietors as aforesaid, shall with-
in the space of nine months from the passing of this act,
proceed to lay off at the expense of said proprietors, up-
on such site in said tract as may be deemed most eligible
therefor, a city to be known and distinguished by the name
of Cairo; which city shall consist of not less than two thou-
sand lots, each lot being not less than sixty-six feet wide,
and one hundred and twenty feet deep, and the streets of
said city to be not less than eighty feet wide, and to run
as near as may be, at right angles to each other.
Sec. 3. And be it further enacted, That the price of
the said lots, into which the said site shall be so laid off as
aforesaid, shall be fixed and limited at one hundred and
fifty dollars each, and the monies arising from the sale and
disposition thereof, shall be appropriated as follows, to-
wit: two third parts thereof, that is to say, the sum of
one hundred dollars on each and every lot shall constitute
the capital stock of said bank, which capital stock shall
be divided into twice as many shares as there are lots, the
one half of which shares shall belong to the purchasers
of said lots, in the proportion of one share to each lot,
and the remaining half of the said shares shall be the
property of the said John G. Comyges, and his associ-
ates aforesaid, their heirs and assigns, proprietors as
aforesaid, in proportion to the interest which they may re-
spectively hold in the same; the remaining one third part
of the purchase money of said lots to constitute a fund
to be exclusively appropriated to the security and im-
provement of said city, in manner as is hereinafter more
particularly directed.
( 76 )
Sec. 4. And be it further enacted, That it shall be
lawful for the said John Gr. Comyges, and his said asso-
ciates, his and their heirs and assigns, proprietors as
aforesaid, to nominate and appoint by themselves or by
their attornies thereto lawfully authorised, so many com-
missioners as they may deem necessary, for the purpose
of receiving subscriptions for the purchase of the said
lots upon the terms herein above stated; and it shall be
the duty of such commissioners to advertise for sale so
many of said lots as they shall be respectively authorised
to sell, and to receive subscriptions for the same.
Sec. 5. And be it further enacted, That it shall be
the duty of the said commissioners, upon any person ap-
plying to make such subscription to direct the person so
applying to make a deposite to the credit of the bank of
Cairo aforesaid, in the bank of the United States, or such
branch thereof as there may be in the place where such
•commissioner shall reside; and in case there should be
no such bank in said place, then in such chartered bank
as may be most convenient, of one third of the purchase
money of the lot or lots so applied for; and said appli-
cant, upon producing to said commissioner the proper
certificate of such deposite, shall thereupon and not oth-
erwise, be deemed a subscriber for the same; and it shall
be the duty of such subscriber to make the further de-
posite in the same bank and to the same credit, of the sum
•of one other third part of the said purchase money at the
expiration of three months; and of the remaining one third
part at the expiration of six months, from the time of
such subscription, said deposites to be punctually made,
under the penalty of forfeiting the deposite, or deposites
thereto previously made.
Sec. 6. And be it further enacted, That no subscrip-
tion shall be received from any person for more than ten
of said lots.
Sec. 7. And be it further enacted, That as soon as
five hundred lots shall have been subscribed for, a meet-
ing to be held at Kaskaskia, shall be called by public
notice to that effect, and which notice shall be given in
( 77 )
not less than five of the newspapers printed in the United
States, at least two months previous to the day of holding
such meeting of all such subscribers for the purpose of
electing thirteen directors, all of whom shall be subscribers
as aforesaid, and stock-holders in said bank, and citizens
of this territory, and who shall hold their offices for one
year, from the time of such election, or until a new elec-
tion shall be had; and the said election shall be held and
made by such of the stock -holders of said bank, as shall
attend for that purpose, either in person or by proxy,
which proxies shall always be stock-holders, and all elec-
tions shall be by ballot, each share entitling its owner to
a vote; and the thirteen persons who shall have the grea-
test number of votes shall be directors^ and the said
directors as. soon as may be thereafter, shall proceed in
like manner by ballot to elect one of their number to be
their president; and whenever any vacancy shall happen
among the directors, by death, resignation or removal,
such vacancy shall be filled for the remainder of the year,
in which it shall happen by such person or persons, as
the rest of the directors or a majority of them may ap-
point.
Sec. 8. And be it further enacted, That a new election
shall be had annually thereafter, at such time and place
as a majority of the directors for the time being, (which
majority shall always constitute a board for the transac-
tion of business) shall appoint.
Sec. 9. And be it further enacted, That the directors
for the time being, or the major part of thein shall have
power to make and prescribe such bye-laws, rules and
regulations as to them shall appear needful and proper,
touching the management and disposition of the stock,
property, estate and effects of the said corporation; the
duties and conduct of the officers, clerks and servants
employed therein; the election of directors, and of all
such other matters as appertain to the business of a bank;
and shall have power to appoint so many officers, clerks-
and servants for carrying on the said business, and with
such salaries and allowances as to them shall seem meetr
( 78 )
Provided, that such byd-laws, rules and regulations be
not repugnant to the constitution and laws of the United
States, nor of this territory.
Sec 10. And be it further enacted, That the said
bank shall be established and kept, and the business there-
of at all times after the organization of the same, shall
be transacted at such place within the town of Kaskas-
kia, as the president and directors may deem proper.
Sec. 11. And be it further enacted, That it shall be
the duty of such president and directors as soon after
their election as may be to proceed to distribute among
the said subscribers so many lots as shall have been sub-
scribed for, which distribution shall be by lottery.
Sec. 12. And be it further enacted, That as soon as
such distribution shall have been made, it shall be the du-
ty of the said president and directors, upon the receipt by
them of the certificates for the deposite of the whole of
the purchase money as above mentioned, to make and
execute in the name of the president, directors and com-
pany of the said bank of Cairo, to each and every such
subscriber a good and sufficient deed of conveyance, with
the usual covenants for such lot or lots as in said distri-
bution may have fallen to the share of such subscriber,
which deed shall be an absolute conveyance in fee sim-
ple to the said subscriber of all the right, title and inter-
est of the present proprietors, their heirs and assigns in
the same.
Sec. 13. And be it further enacted, That it shall be
the duty of the said president and directors, to demand
and receive of and from the cashiers of every bank, in
which the deposites above mentioned shall have been
made, the whole amount of monies so deposited, and
thereupon and not before to commence their operations
as a banking company.
Sec, 14. And be it further enacted, That the total
, amount of debts which the said corporation shall at any
time owe whether by bond, bill, notq or other contract,
over and above the specie then actually deposited in the
said bank, shall not exceed twice the amount of the ca-
( TO )
pital stock actually paid into said bank. And in case of
excess, in this respect the directors under whose adminis-
tration such excess shall happen, shall be liable for the
same in their separate and private capacities; but this
shall not be construed to exempt the said corporation, or
any estate real or personal which they may hold as a body
corporate, from being also liable for and chargeable with
such excess; but such of the directors who may have been
absent when the said excess was contracted, or who
may have dissented from the resolution, or act whereby
the same was so contracted, shall not be so liable.
Sec. 15. And be it further enacted, That the lands,
tenements and hereditaments, which it shall be lawful for
the said corporation to hold, shall be such only as shall
be requisite for its immediate accommodation in relation
to the convenient transaction of its business, or such as
shall have been bona fide mortgaged to it by way of se-
curity, or conveyed to it in satisfaction of debts previ-
ously contracted in the course of its dealings, or purchas-
er! at sales upon judgments which shall have been ob-
tained upon such debts.
Sec. 16. And be it further enacted, That the bills
obligatory and of credit, under the seal of the said corpo-
ration, which shall be made to any person or persons, shall
be assignable by endorsement thereupon, under the hand
or hands of such person or persons, his, her or their as-
signee or assignees, and so as absolutely to transfer and
vest the property thereof, in each or every assignee or as-
signees respectively, and to enable such assignee or as-
signees to bring or maintain an action thereupon, in his,
her or their own name or names; and bills or notes, which
may be issued by order of the said corporation, promis-
ing the payment of money to any person or persons, his,
her or their order, or to bearer, though not under the seal
of the said corporation, shall be binding and obligatory
upon the same in like manner and with the like force and
effect, as upon any private person or persons if issued
by him, her or them, in his, her or their private or natu-
ral capacity or capacities, and shall be assignable and ne-
( 80 )
gotiabie in like manner, as if they were so issued by such
private person or persons.
Sec. 17. And be it further enacted, That it shall be
the duty of the directors to make half yearly dividends
of so much of the profits of the said bank, as to thorn or
a majority of them shall seem advisable. And that every
cashier and clerk, before he enters upon the duties of his
office, shall give bond with two or more securities, to be
approved by the directors for the time being, or a major-
ity of them, in a sum not less than ten thousand dollars
for such cashier, and two thousand dollars for such clerk,
conditioned for the faithful discharge of their several du-
ties.
Sec. 18. And be it further enacted, That the said
corporation shall not demand or receive any greater inter-
est, on any loan or discount, than at the rate of six per
cent, per annum.
Sec 19. And be it further enacted, That it shall be
the duty of the said directors, immediately after their
said election, to appoint out of their own body, a com-
mittee consisting of three of their members, who shall
have the charge and management of that portion of the
said purchase monies above set apart, and appropriated
as a fund for the security and improvement of said city;
and which fund or such portion thereof, as the said com-
mittee shall deem proper and advisable, shall be invested
in stock of the said bank; the said directors being here-
by authorised and required to add to their capital stock
so many shares as shall be sufficient to take in the same,
at the par value of said stock.
Sec. 20. And be it further enacted, That it shall. al-
so be the duty of the said directors immediately after
their said election, to nominate and appoint three persons,
not of their own body, but who shall be removable at
the pleasure of the said directors, and who shall always
be citizens of this territory, and residents, if competent
and judiccious persons, in the opinion of the said bank di-
rectors, can there be had, of the said city of Cairo, and
who shall be styled "The board of security and improve-
.( 81 )
ment of the city of Cairo ;" which board or a majority
thereof, shall under the .sanction of the directors of the
said bank thereto first had and obtained, direct and su-
perintend the construction and preservation of such dikes,
levees and embankments, as may be necessary for the
security of the said city of Cairo, and every part there-
of, from all and every inundation which can possibly af-
fect or injure the same; and the erection from time to
time of such public works and improvements as the
state of such fund will justify. And for the payment
of such expenses as may be necessarily incurred therein,
the said board is hereby authorised to draw upon the
said committee; and who are hereby also directed and
required to pay and disburse the same; which drafts
and payments shall always be made in such form and
manner as the said bank directors, or a majority of them,,
may prescribe.
Sec. 21. And be it further enacted, That the said di-
rectors may increase the amount of their capital stock,.
aBin their discretion they may see fit, by subscriptions
to be had and obtained in the usual manner of obtaining v
such subscriptions, at the rate of fifty dollars per share:
Provided hoivever, that the capital stock of said bank,
shall never exceed the sum of five hundred thousand
dollars.
Sec. 22. The legislature of the said territory or state-
which may be erected out of the territory, may at any
time compel the said proprietors of the town of Cairo,,
and those interested therein, to do all the business relative
to the bank, at the said town of Cairo, and not elsewhere.
Sec. 23. Be it further enacted, That the said corpo-
ration shall not at any time suspend or refuse payment in
gold and silver, of any of its notes, bills or obligations, nor
of any monies received upon deposite in said bank, or in,
its office of discount and deposite; and if the said corpo-
ration shall at any time refuse or neglect to pay on demands
any bill, note or obligation, issued by the corporation,
according to the contract, promising or undertaking:
L
-6
( 82 )
therein expressed; or shall neglect or refuse to pay on
demand any monies received in said bank, or in its of-
fice aforesaid, deposite to the person or persons entitled to
receive the same: then and in every such case, the hol-
der of any such note, bill or obligation, or the person
or persons entitled to demand and receive the same, shall
recover interest on the said bills, notes, obligations or
monies, until the same shall be fully paid and satisfied,
at the rate of twelve per centum per annum, from the
time of such demand as aforesaid.
Sec. 24. And be it further enacted, That this act be,
and is declared to be a public act, and that the same be
construed in all courts and places benignly and favora-
bly, for every beneficial purpose therein mentioned.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council
Approved — January 9, 1818.
NINIAN EDWARDS.
AN ACT to incorporate the President, Directors and
Company of the Bank of Kaskaskia.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That a
bank shall be established at Kaskaskia, the capital stock
whereof, shall not exceed three hundred thousand dol-
lars, to be divided into shares of one hundred dollars
each. And that subscriptions for constituting the said
stock, shall on the first day of February next, be opened
at Kaskaskia, Edwardsville, Belleville, Carmi, Palmyra,
Shawnoetown and Elvira, under the superintendance of
such persons, as shall be hereafter mentioned; which
subscriptions shall be continued open until the whole
capital stock shall have been subscribed for: Provided
however, that so soon as there shall be fifty thousand dol-
( 83 )
lars subscribed for in the whole, and ten thousand dol-
lars actually paid in, the said corporotion may commence
business, and issue their notes accordingly.
Sec. 2. Be it further enacted, That it shall be lawful
for any person, or copartnership, body politic, to sub-
scribe for such or so many shares, as he, she or they niay
think fit- Provided however, that not more than twen-
ty shares shall be subscribed for in any one day, by any
one person, body politic, or copartnership, for the first
ten days after opening said subscriptions. The payments
of the said subscriptions shall be made by the subscri-
bers respectively, at the times and in the manner follow-
ing, that is to say, at the time of subscribing there shall
be paid into the hands of the persons appointed to receive
the same, the sum of ten dollars, in gold or silver, on
each share subscribed for; and the residue of the stock
shall be paid at such times, and in such instalments as the
directors may order; Provided*, that no instalment shall
exceed twenty-five per cent on the stock subscribed for,
and that at least sixty days notice be given in one or
more public newspapers, printed in this Territory: And
provided also, that if any subscriber shall fail to make the
second payment at the time appointed by the directors
for such payment to be made, he, she or they shall forfeit
the sum so by him, her or them first paid, to and for the
use of the corporation.
Sec. 3. Be it further enacted, That all those who shall
become subscribers to the said bank, their successors and
assigns, shall be, and they are hereby enacted and made a
corporation and body politic, by the name and style of the
"President, Directors and Company of the Bank of Kas-
kaskia," and shall continue until the first day of January,
one thousand eight hundred and thirty eight; and by that
name shall be, and hereby are made, able and capable in
law, to have, purchase, receive, possess, enjoy and retain
to them, and their successors, lands, rents, tenements, he-
reditaments, goods, chattels and effects of what kind, na-
ture or quality soever, to an amount not exceeding in the
whole, eight hundred thousand dollars, including the cap-
( u )
ital stock aforesaid; and the same to grant, demise, alien
or dispose of, to sue and be sued, plead and be implead-
ed, answer and be answered, defend and be defendod, in
courts of record, or any other place whatsoever; and also
to make, have and use a common seal, and the same to
break, alter and renew at pleasure; and also to ordain,
establish and put in execution, such bye laws, ordinances
and regulations, as they shall deem necessary and conve-
nient for the government of the said corporation, not in-
consistent with the laws of the Territory, or constitution;
and generally to do and perform, and execute all and sin-
gular matters and things, which to them it shall or may
appertain to do, subject however, to the rules, regulations,
limitations and provisions, hereinafter prescribed and de-
clared.
Sec. 4. Be it further enacted, That for the well order-
ing of the affairs of the said corporation, there shall be
twelve Directors, the first election for whom, shall be by
the stock holders, by a plurality of votes actually given on
such day, as the persons appointed to superintend the
subscriptions for stock shall appoint, by giving at least
thirty days previous notice in all the public newspapers
printed in this Territory; and those who shall be duly
chosen at any election, shall be capable of serving as Di-
rectors by virtue of such choice, until the full end and
expiration of one year, after the expiration of one year af-
ter the first Monday in January next, ensuing the time
of such election, and no longer. And on the said Mon-
day in January, in each and every year thereafter, the e-
lection for Directors shall be holden, and the said Direc-
tors, at the first meeting after each election, shall choose
one of their number as president.
Sec. 5. Be it further enacted, That in case it should
happen at any time, that an election for directors should
not be holden upon any day, when pursuant to this act, it
ought to have been holden, the corporation for that cause,
shall not be considered as dissolved, but it shall be law-
ful to hold an election for directors on any other day,
agreeable to such bye- laws and regulations as may be
(. 85 )
made for the government of the said corporation; and in
such case the directors for the time being, shall continue
to exercise and discharge the several duties of directors,
until such election is duly had and made, any thing in
the fourth section to the contrary notwithstanding: And
it is further provided, that in case of death., resignation or
removal from office of any director or directors, the va-
cancy shall be filled by election for the balance of the
year.
Sec. 6. Be it further enacted, That a majority of the
directors for the time being, shall have power to appoint
such officers, clerks and servants under them, as shall be
necessary for executing the business of said corporation,
and to allow them such compensation for their services
respectively as shall be reasonable; and shall be capable
of exercising sush other powers and authorities for the
well governing and ordering of the affairs of the said
corporation as shall be prescribed, fixed and determined
by the laws, ordinances and regulations of the same.
Sec. 7. Be it further enacted, That the following
rules, restrictions, limitations and provisions, shall form
and be the fundamental articles of the constitution of the
said corporation, to-wit: The number of votes to which
the stock-holders shall be entitled in voting for direc-
tors, shall be according to the number of shares he, she
or they, respectively hold, in the proportions following,
that is to say, for one share and not more than two shares,
one vote; for every two shares above two, and not ex-
ceeding ten, one vote; for every four shares above ten,
and not exceeding thirty, one vote; for every six shares
above thirty, and not exceeding sixty, one vote; for every
eight shares above sixty, and not exceediug one hundred,
one vote; for every ten shares above one hundred, one
vote; and after the first election, no share or shares shall
confer a right of voting which shall not have been holden
three calendar months, previous to the day of election.
II. None but a bona fide stock-holder, being a resi-
dent citizen of the territory, shall be a director; nor
shall a director be entitled to any other emolument than
( 86 )
such as shall be allowed by the stock-holders at a gene-
ral meeting; but the directors may make such compen-
sation to the president for his extraordinary attendance at
the bank, as shall appear to them reasonable and just.
III. Not less than four directors shall constitute a
board for the transaction of business, of whom the pres-
dent shall always be one, except in cases of sickness or
necessary absence; in which case his place may be sup-
plied by any other director, whom he, by writing, under
his hand, may depute for that purpose.
IV- Any number of stock-holders, not less than fif-
teen, who shall be proprietors of not less than fifty shares,
shall have power to call a general meeting of the stock-
holders, for purposes relative to the institution, by giving
at least thirty days notice in one or more of the public
newspapers of the territory, specifying in such notice th©
object or objects of meeting; and may moreover appoint
three of their members as a committee, to examine into
the state and condition of the bank, and the manner in
which its affairs have been conducted: Provided, that
no member of such committee, shall be director, presi-
dent or other officer of any other bank.
V. Every Cashier before he enters upon the duties of
his office, shall be required to give bond with sureties, to
the satisfaction of the directors, in a sum not less than ten
thousand dollars, conditioned for his good behaviour, and
the faithful performance of his duties to the said corpo-
ration; and the other officers and servants shall also enter
into bond and security in such sum as the president and
directors may prescribe,
VI, The lands, tenements and hereditaments, which it
shall be lawful for the said corporation to hold, shall be
only such as shall be requisite for its immediate accom-
modation, in relation to the convenient transaction of its
business; and such as shall have been bona fide mortga-
ged to it by way of security, or conveyed to it in satis-
faction of debts, previously contracted in the course of
its dealings, ^or purchased upon judgments, which shall
have been obtained for such debts.
( 87 )
VII. The total amount of debts, which the said cor-
poration shall at any time owe by bond, bill, note or oth-
er contract, shall not exceed twice the amount of their
capital stock actually paid over and above the monies then
actually deposited in the bank for safe keeping; and in
case of excess, the directors under whose administration
it shall happen, shall be liable for the same, in their natu-
ral and private capacities; and an action of debt may be
brought against them, or any of them, their or any of
their heirs, executors or administrators, in any court com-
petent to try the same, or either of them, by any creditor
or creditors, pf the said corporation; but this provision
shall not be construed to exempt the said corporation, or
the lands, tenements, goods or chattels of the same, from
being liable for, and chargeable with the said excess. —
Such of the said directors who may have been absent
when the said excess was contracted or created, or who
may have dissented from the resolution, or act whereby
it was contracted or created, may respectively exonerate
themselves from being so liable by forthwith giving no-
tice of the fact, or of their absence or dissent, at a gen-
eral meeting of the stock-holders, which they shall have
power to call for that purpose.
VIII. The said corporation shall not directly or indi-
rectly, deal or trade in any thing, except bills of ex-
change, gold or silver, or in the sale of goods, really and
truly pledged for money lent and not legally redeemed in
due time; or of goods, which shall be the produce of
its lands; neither shall the said corporation take more
than at the rate of six per cent, per annum, for or upon
its loans or discounts.
IX. The shares of the capital stock of said corpora-
tion, shall be assignable and transferable, at any time ac-
cording to such rules and regulations as shall be estab-
lished in that behalf, by the laws and ordinances of the
same; but no stock shall be transferred, the holder
thereof, being indebted to the bank, until such debts are
satisfied, except the president and directors shall other-
wise order it.
( 88 )
« *
X. The bills obligatory and of credit, under the seal
of the said corporation, which shall be made payable to
any person or persons, shall be assignable by an endorse-
ment thereupon; shall possess the like qualities as to ne-
gotiability; and the holders thereof shall have and main-
tain the like actions thereon, as if such bills obligatory,
and of credit had been made by or on behalf of a natu-
ral person; and all bills or notes which may be issued
by order of the said corporation, signed by the president
and countersigned by the principal cashier or treasurer
thereof, promising the payment of money to any person
or persons, his, her or their order, or to bearer, though
not under the seal of the said corporation, shall be binding
and obligatory upon the same, in like manner and with
like force and effect as upon any private person or per-
sons, if issued by him, her or them, in his, her or their
private capacity or capacities; and shall be assignable and
negotiable in the like manner, as if they were so issued,
by such private person or persons, that is to say, those
which shall be payable to any person or persons, his, her
or their order, shall be assignable by endorsement in like
manner and with like effect as bills of exchange now are;
and those which are payable to bearer, shall be assignable
and negotiable by delivery only.
XI. Half yearly dividends, shall be made of so much
of the profits of the bank, as shall be deemed expedient
and proper; and once in three years the directors shall lay
before the stock-holders, at a general meeting, an exact
and particular statement of the debts which shall have
remained unpaid, after the expiration of the original cred-
it, for a period of treble the time of that credit, and the
surplus of profit, if any, after deducting losses and divi-
dends. If there shall be a failure, in the payment of any
part of any sums subscribed to the capital of said bank,
the party failing shall loose the dividend which may have
accrued, prior to the time of making such payment, du-
ring the delay of the same.
Sec. 8. Be it further enacted, That the said corpora-
tion shall not at any time suspend or refuse payment in
( 89 )
gold and silver, of any of its notes, bills or obligations, nor
of any monies received upon deposite in said bank, or in
its office of discount and deposite; and if the said cor-
poration shall at any time refuse or neglect to pay on de-
mand, any bill, note or obligation, issued by the corpora-
tion according to the contract, promise or undertaking
therein expressed, or shall neglect or refuse to pay on de-
mand any monies received in said bank, or in its office
aforesaid on deposite to the person or persons entitled to
receive the same; then and in every such case the holder
of any such note, bill or obligation, or the person or per-
sons entitled to receive the same, shall recover interest on
the said bills, obligations, or monies, until the same
shall be fully paid and satisfied, at the rate of twelve
per centum per annum, from the time of such demand
as aforesaid.
Sec. 9. Be it further enacted, That the following per-
sons, to- wit: Pierre Menard, William Morrison, senr.
Shadrach Bond, William C. Greenup and Hugh H.
Maxwell, at Kaskaskia; Benjamin Stephenson, James
ifason, Abraham Prickett, John M'Kee and Joseph
Conway, at Edwardsville; R. K. M'Laughlin, William
Mears, William Kinney, John Messenger, and Doctor
Heath, at Belleville; Daniel Hay, James Graham, James
Ratliffe, James Gray, and John Kraw, at Carmi; Tho-
mas Sloo, Joseph M. Street, M. S. Davenport, James
Wilson, and John Caldwell, at Shawnoetown; Doctor
Woolverton, G. W. Smith, Samuel Marshall, Jesse B.
Brown, and Seth Gard, at Palmyra; James Finny, Er-
win Morris, Owen Evans, George Evans, and Jacob
Tjittleton, at Elvira; or any three of them at each place,
shall be commissioners for the purpose of receiving sub-
scriptions, and who shall have power to appoint a person
son to receive the money, required to be paid at the time of
subscribing; and the said receiver, shall as soon as the
directors are appointed, pay over the same into the hands
of such person as the directors may direct.
Sec. 10. Be it further enacted, That the said corpo-
M
( 90 )
ration shall not be dissolved, until their debts, contracts,
notes, bills of exchange and undertakings, in their cor-
porate capacity shall be finally and faithfully settled:
Provided also, that after the expiration of their charter,
they shall not transact business, according to the true in-
tent and meaning of this act, further than to settle and
close their contracts, as above provided; and that the
territory or state which may be formed out of the same,
shall have the right of subscribing for one third of the
capital stock of the said bank of Kaskaskia; and the
said third part shall be subject to such regulation- as the
stock of individuals is subject to; and to such other re-
gulations as the legislature may from time to time make
and ordain, touching the same.
This act to take effect from and after the passage there-
of.
GEORGE FISHER,
Speaker of the House of Representatives,
PIERRE MENARD,
President of the Legislative Council.
Approve d— January 9, 1818.
NINIAN EDWARDS.
AN ACT establishing Circuit Courts and Justices 7
Courts, and for other purposes,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That
there shall be, and there is hereby established in each
and every county now established, or which may hereaf-
ter be established in this territory, a Court to be styled
"the Justices' Court, " which shall be composed of the
justices of the peace of the respective counties, any three
of whom shall constitute a court, or quorum to do busi-
ness.
Sec. 2. Be it further enacted, That the said courts
shall respectively hold three terms annually, at the place
( 91 )
appointed for holding courts in their respective counties,
as follows, to- wit: In the counties of Crawford and Ma-
dison, on the first Mondays of April. August and De-
cember; in the counties of St. Clair and Franklin, on
the second Mondays of April, August and December;
in the counties of Monroe and Pope, on the third Mon-
days of April, August and December; in the counties
of Randolph and Union, on the first Mondays of March,
July and November; in the counties of Jackson and
Washington; on the second Monday of March, July and
November; in the counties of Johnson and Bond, on
the third Mondays of March, July and November; in
the counties of Gallatin, White and Edwards, on the
fourth Mondays of March, July and November.
Sec. 3. Be it further enacted, That there shall be
appointed and commissioned by the governor, spme
competent person in each county, who shall be clerk of
the justices' court of the county in which he shall be
appointed, who shall hold his office at the place where
such county court may be held; and the said clerk shall
give bond with one or more sureties to be approved of
by the court of which he is clerk, to the governor for the
time being and his successors in office, in the sum of
five hundred dollars, and take an oath faithfully to dis-
charge the duties of his office, and seasonable to record
the decrees, judgments and orders of the court of which
he is clerk; and to do and perform all other duties re-
quired, or which shall be required of him by law; and de-
liver all the records and other writings belonging to his said
office, whole, safe and undefaced, to his successor in of-
fice, which oath shall be endorsed on the back of said
bond, and filed in the office of the Secretary of the ter-
ritory; provided, that no person holding the office of jus-
tice of the peace shall be appointed clerk of any justices'
court.
Sec. 4. Be it further enacted, That the said justices'
courts shall have the same powers, and possess the same
jurisdiction, which the county courts now possess and
exercise in all cases relating to public roads and highways,
( 92 )
in cases relating to the county taxes, in all cases relating
-to elections, and all other cases relating to the concerns of
the county.
Sec. 5. And be it further enacted, That this territo-
ry shall be divided into two circuits, for each of which
there shall be appointed and commissioned by the gov-
ernor, one person learned in the law, who shall have re-
sided in the territory at least one year previous to his ap-
pointment as circuit judge, with a salary of one thou-
sand dollars, to be paid quarter yearly out of the territo-
rial treasury ; who previous to entering on the duties of
his office, shall take an oath to support the constitution of
the United States, and an oath of office according to law.
The said circuit judge shall hold three terms annually
of the said circuit court, in each and every county within
his district, and shall have jurisdiction over all causes,
matters and things, arising at common law or in chance-
ry, in the respective counties, except in cases where the
debt or demand shall be under twenty dollars, in which
case he shall have no original jurisdiction ; and the said
circuit judges, in their circuits respectively, shall have
and exercise all and every of the powers, authority and
jurisdiction which were or might have been had and ex-
ercised by the United States' judges, appointed for this
territory in their circuits respectively, previous to the
passage of this law; and the circuit courts established
by this act, shall have and exercise all the powers and
jurisdiction, which previous to the passage of this act,
were or might have been exercised by the circuit courts
heretofore existing; and the circuit courts in the respec-
tive counties, shall do and perform all the duties, and ex-
ercise all the jurisdiction heretofore done, performed and
exercised by the county courts, except in such cases,
the jurisdiction whereof is by this law given to the jus-
tices' courts.
Sec. 6. Be it further enacted, That the circuits es-
tablished by this act, shall be called the Eastern and Wes-
- tern Circuits, and shall be formed as follows, to-wit:
the counties of Crawford, Edwards, White, Gallatin,
Pope, Johnson and Franklin, shall compose the eastern
( 93 )
circuit: The counties of Bond, Madison, St. Clair r
Washington, Monroe, Randolph, Jackson and Union,
shall compose the western circuit; and the said courts
hereby established shall be holden at the following times-
and places, to-wit: in the counties of Bond and Craw-
ford, on the first Mondays of March, July and Novem-
ber; in the counties of Washington and Edwards, on
the second Mondays of March, July and November;,
in the counties of Madison and White, on the third Mon-
days of March, July and November; in the counties of
St. Clair and Gallatin, on the fourth Mondays of March r
July and November; in the counties of Monroe and
Pope, on the first Mondays of April, August and Decem-
ber; in the counties of Randolph and Franklin, on the
second Mondays of April, August and December; in
the county of Jackson, on the first Mondays of May r
September and January; in the county of Union, on the
second Mondays of May, September and January; in
the county of Johnson, on the third Mondays of May,
September and January.
Sec. 7. Be it further enacted, That in case either of
the said circuit judges shall by death or other unavoida-
ble absence be unable to attend his circuit courts, or -
any term thereof, it shall be the duty of the other cir-
cuit judge to attend in his place, and hold such court
or courts, and exercise the jurisdiction which the absent
judge might have legally done until the vacancy shall be
filled by the governor, where the same shall have hap-
pened by death. It shall be the duty of the said circuit
judges to reside in the circuits for which they shall be
appointed: Provided, that no person appointed under
this law a circuit judge, shall be at liberty to practice-
law in this territory: Provided further, that it shall be
the duty of the circuit judges appointed by virtue of
this act, to go jointly into their respective circuits. In
case any person appointed under this law a circuit judge
shall have been a practising attorney in any circuit to
which he has been appointed a judge, until the causes in.
which such judge shall have been concerned shall be de~
( 94 )
termined, and in case any judge shall be interested in
any cause in his circuit, it shall be his duty to make out
a list of such case or cases and file the same in the clerk's
' office of the court where the cause may be pending; and
it shall be the duty of the cle*k of the circuit court where
such judge is interested, a reasonable time before the
term the cause is set for trial, to give to the other cir-
cuit judge notice thereof; and it shall be the duty of
the other circuit judge, to attend such circuit for the trial
of said cause; and if both judges shall happen to be,
or to have been interested or concerned in any cause or
causes, they shall order and direct the same to be certifi-
ed to the general court hereinafter mentioned to be deci-
ded on; and it is hereby made the duty of the general
court to try said cause in the same manner that the cir-
cuit court could legally have done.
S#c. 8. Be it further enacted, That the judges of
the circuit courts hereby established, shall hold their offi-
ces during good behaviour, and during the continuance
of the territorial government.
Sec. 9. Be it further enacted, That there shall be ap-
pointed and commissioned by the governor in each coun-
ty a competent person as clerk of the said circuit court,
who shall give bond and security in the same manner
that the clerks of the circuit courts heretofore existing
were required to do.
Sec. 10. Be it further enacted, That it shall be the
duty of the several clerks of the circuit courts and coun-
ty courts heretofore existing, on the application of the
clerks of the circuit courts and justices 1 courts, hereby
established for the respective counties to deliver up to
them respectively, the whole of the records, papers and
writings, which may appertain to their respective offices,
according to the jurisdiction of the courts of which
they are clerks; and according to the true intent and mean-
ing of this act, whole and undefaced, under the penalty of
forfeiting and paying to the use of the county, in which
such person shall have been clerk, the sum of one thou-
sand dollars, to be recovered by action of debt, for the use
( 95 )
of the county; and the clerks of the circuit courts and
the justices' courts, appointed by virtue of this act, shall
respectively receive the same fees and compensation here-
tofore allowed the clerks of the circuit courts and coun-
ty courts heretofore existing for the performance of like
services.
Sec. 11. Be it further enacted, That all suits, pro-
cess, motions and causes whatsoever they may be, either
civil or criminal, which are now commenced or pending
in the several circuit courts and county courts heretofore
existing, shall be returnable to have day, and be disposed
of and be decided upon by the circuit courts hereby estab-
lished in the counties where such suits, process, motions
and causes may have been commenced, and are pending
at the taking effect of this act, and in all cases where
judgment or decrees may have been given by the circuit
courts or county courts heretofore existing, which re-
main unsatisfied or unperformed, it shall be the duty of
the clerks of the circuit courts hereby established res-
pectively to issue executions on all such judgments, or
decrees, and also upon replevy bonds, returnable in the
same manner as though no change of courts had taken
place, other than a mere change of terms, and all cases
which are at issue or standing for trial in the circuit courts
or county courts heretofore existing, shall stand and come
on for trial at the first term of the courts hereby estab-
Isshed, in the same manner that they would have done in
the respective courts in which they were pending, had this
law not been passed.
Sec. 12. Be it further enacted, That the judges ap-
pointed by the authority of the United States, for tkis
territory, shall constitute a general court of Illinois terri-
tory, and the said judges of the general court shall hold
four terms of said court annually; two to be held in
Shawnoetown, on the fourth Mondays of June and Octo-
ber, in each and every year; and two to be held in Kas-
kaskia, on the second Mondays of June and October, in
each and every year. And the said general court shall
have appellate jurisdiction.
( 96 )
Sec. 13. Be it further enacted, That appeals shall be
allowed to the said general courts, and writs of error
shall be allowed according to the principles of the com-
mon law, and conformably to the laws and usages of this
territory, from the said general court; and the said writs
of error may be prosecuted for the reversal of the judg-
ments and decrees of the said circuit courts, as well in
criminal as other cases: Provided however, that all ap-
peals from the judgments or decrees of the circuit courts
for the eastern district, shall be prosecuted and determin-
ed in the general court to be held as aforesaid at Shaw-
ncetown; and all appeals from the judgments or decrees
of the circuit courts for the western district, shall be pros-
ecuted and determined in the general court to be held as
aforesaid at Kaskaskia.
Sec. 14. Be it further enacted, That there shall be
two competent persons appointed by the said general court
or a majority of the judges thereof, as clerks of the said
general courts, one to reside at Shawncetown and the other
at Kaskaskia, who shall respectively give bond with two
sureties at least, to be approved of by the judges of the
general court, or a majority of them, to the governor of
the territory and his successor in office for the time being,
in the sum of two thousand dollars, conditioned to sea-
sonably record all decrees, judgments and orders of the
courts of which they are clerks, and to do and perform
all other duties required, or which shall be required of
them by law, and to deliver up the records and other
writings belonging to their said offices respectively, whole,
safe and undefaced, to his successors in office; and said
clerks shall moreover take the same oath that the. clerks
of the circuit courts are by this law required to take;
and such oath shall be endorsed upon the back of the
bond, and returned to the office of the secretary of the
territory.
Sec. 15. Be it further enacted, That it shall be the
duty of the clerk of the court of appeals for Illinois ter-
ritory, on the application of the clerk of the general court
at Kaskaskia, to deliver up to him the whole of the re-
( 97 )
cords, papers and writings which may appertain to his
office according to the true intent and meaning of this act,
whole and undefaced, under the penalty of forfeiting and
paying to the use of the territory the sum of fifteen hun-
dred dollars, to be recovered by action of debt, in the
name of the governor, for the use of the territory, before
the circuit court for the county of Randolph.
Sec. 16. Be it further enacted, That in all suits and
causes, which now are, or which at the taking effect of
this act, may be pending in the court of appeals for the
Illinois territory, the parties or their attorney, shall be
permitted to take all such messures for bringing them to
a final termination and decision in the general court, to be
held at Kaskaskia, that might have been taken in the said
court of appeals, had no change taken place; and the
said general court to be held as aforesaid at Kaskaskia,
shall as far as practicable, proceed to a final determination
of such causes, in the same manner that the said court of
appeals might legally have done, had no other change than
a mere alteration of the terms taken place; and it shall
be the duty of the clerk of the general court to issue exe-
cutions on all judgments and decrees, and replevy bonds,
which remain in said court of appeals unsatisfied, return-
able according to law.
Sec. 17. Be it further enacted, That appeals may be
prayed and writs of error taken out upon matters of law
only, in all cases wherein they are now allowed by law;
and all writs of error shall be issued by the clerk of the
general court, and be made returnable to the ensuing
term of the general court at Shawnee town, provided the
proceedings or judgment complained of, were had or de-
termined in the eastern circuit; but in case the proceed-
ings or judgment were had or determined in the western
circuit, the clerk shall make it returnable to the next term
of the general court to be held at Kaskaskia, provided
that no appeal or writ of error shall be decided without
the concurrence of two judges at least.
Sec. 18. Be it further enacted, That the judicial term
of the circuit courts in each county shall consist of six
N
-7
( 98 )
days, during which time the said courts shall sit, unless
the business before them shall be sooner disposed of:—
Provided however, that the general court at each term
shall sit until all* the business shall be disposed of.
Sec. 19. Be it further enacted, That the county courts,
circuit courts and courts of appeals, heretofore existing,
shall be and the same are hereby abolished.
This act to take effect and be in force from and after
its passage.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved— January 12, 1818.
NINIAN EDWARDS.
AN ACT making appropriations for the year eighteen
hundred and eighteen, and for other purposes.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, That there
shall be paid out of the Territorial treasury, on the war-
rant of the Auditor of Public Accounts, to each mem-
ber of the Legislative Council and House of Represen-
tatives, the sum of three dollars per day, for each day's
attendance at the present session of the legislature, and at
the rate of three dollars for every twenty miles travel to
and from the seat of government to their residence, by
the most usual road. To the secretary of the Legisla-
tive Council, and clerk of the House of Representatives,
for their services at the present session, the sum of four
dollars per day, for every day's attendance at the present
session; and the ongrossing and enrolling clerk, the sum
of four dollars per day; and to the door-keeper of both
houses, three dollars per day, for each day's attendance
at the present session.
Sec. 2. Be it further enacted, That the compensa-
( 99 )
tion which may be due to the members and officers of the
legislative council, shall be certified by the secretary there-
of, and the secretary's by the president thereof. And that
which may be due to the members of the house of repre-
sentatives, including the enrolling clerk and doorkeeper,
by the clerk thereof, and the clerk's by the speaker thereof;
which certificate shall be sufficient evidence to the Audi-
tor of the claim, and he shall issue a warrant or warrants
to the person or persons so entitled on the Territorial
treasury, for the amount of his certificate; which warrant
as well as all other warrants, shall draw interest until paid
at the treasury.
Sec. 3. Be it further enacted, That the following shall
continue for one year, commencing on the first day of
January one thousand eight hundred and eighteen, to be
the salaries of certain officers, as follows, to- wit: To the
Auditor of Public Accounts, the sum of three hundred
dollars; to the Territorial treasurer, the sum of two
hundred and fifty dollars.
Sec. 4. And be it further enacted, That there shall be
paid out of the Territorial treasury to the following per-
sons, to- wit: To E. K. Kane, for his services for fur-
nishing the printers with a copy of the laws of the last
session of the legislature, and superintending the printing
of the same, the sum of sixty-five dollars; to John W.
Grillis, the sum of two dollars per day, for each day the le-
gislature set in hie house at this session; to Thos. Vance
and Jacob Fisher, for wood at the present session, thirty-
six dollars; to Edward Cowles, for stationary and pitch-
ers, fifteen dollars and eighty-eight cents; to Ber-
ry & Blackwell, for printing a memorial to congress pray-
ing for a state government, five dollars; to E. C. Berry,
Auditor of Public Accounts, for books, stationary and
took case for his office, fifty-one dollars and fifty cents;
to John Thomas, for sundries furnished the engrossing
and enrolling clerk, seven dollars and twenty-five cents;
to Edward N. Cullom, for two day's attendance before
he could be qualified to take his seat as a member, six
( ioo )
dollars; to George Fisher and William H. Bradsby,
three dollars each, for their attendance on the first day of
the session; the house having adjourned at an early hour,
before their arrival.
GEORGE FISHER,
Speaker of the House of Representatives
PIERRE MENARD,
President of the Legislative Council.
Approve d — January 9, 1818.
NINIAN EDWARDS.
gU*0luttmt«u
RESOLVED by the Legislative Council and House
of Representatives, That John Thomas be appointed to
furnish a copy of the laws of the present session, to the
printers, for which, he shall upon the completion thereof
receive the sum of three dollars per day for each day ne-
cessarily employed in doing the same; for which he shall
make out and render an account to the Auditor, where-
upon he shall issue his warrant for the amount.
RESOLVED, That so soon as the Public Printers
Messrs. Berry and Blackwell, shall procure a certificate
from the Secretary of the territory, of the completion of
the printing of the laws and journals of the present session
of the legislature, it shall be the duty of the Auditor of
public accounts, to issue a warrant to said Berry & Black-
well, for the amount to which they shall be entitled ac-
cording to their several contracts for printing the same;
and it shall be the duty of the Public Printers, to ascer-
tain from the Secretary of the territory, the number of
journals to which each county may be entitled according
to the population of the said counties, as may to him
appear just from the last returns in his office, and for-
ward the same to the clerks of the county courts respec-
tively, to be by them distributed in the best manner for
public information; for which service compensation shall
be made at the next session of the legislature.
RESOLVED, That the public printers be required to
print and deliver to the secretary of the territory, six hun-
dred copies of the laws of the present session of the le-
( 102 )
gislatnre; and the secretary of the territory is hereby au-
thorised to distribute the laws to the several counties, and
to employ such person as may be necessary to convey
them to the clerks of the several county courts; for which,
compensation shall be made at the next session of the
legislature.
GEORGE FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council
Approve d — January 9, 1818.
NINtAN EDWARDS.
CONTENTS.
PAGE.
AN ACT to repeal part of an act entitled, an act sup-
plementary to an act entitled an act establishing fer-
ries, 3
Regulating and defining the duty of justices of the
peace in certain cases, ib
To incorporate the Little Wabash Navigation Company, 4
Forming a separate county out of Gallatin, White and
the detached part of Jackson county, 11
To amend an act entitled, an act regulating Grist-mills
and millers, 14
Adding a part of Pope county to Johnson, and form-
ing a new county out of Johnson county, 15
For the permanent establishment of the seat of justice
for Crawford county, 17
To repeal an act entitled, an act to amend an act enti-
tled, an act to amend an act entitled, an act for levy-
ing and collecting a tax on land, passed the 24th day
of December, 1814, 20
To incorporate Medical Societies for the purpose of
regulating the practice of Physic and Surgery in this
territory, 21
To authorise Samuel Rogers to erect a mill-dam upon
and across the the Kaskaskia river, 25
To establish a Fishery on the Kaskaskia river, 26
Concerning the manner of working salt-petre caves, 27
To authorise the establishment of an additional ferry at
Shawnoetown, ib
To provide seals for the several counties in this terri-
tory, 28
Defining the duty of sheriffs in certain cases, and for
other purposes, ib
Directing the mode of perpetuating testimony in this
territory, 30
Supplementary to an act entitled, an act subjecting real
estate to sale for debt, passed the seventeenth day of
September, eighteen hundred and seven, 32
To divorce Elizabeth A. Sprigg from the banns of mat-
rimony, 35
( 104 )
To authorise William Morrison of Kaskaskia, to build
a Floating Bridge over the Kaskaskia river, in the
county of Washington, 36
To establish the line between the counties of St. Clair
and Madison. " 38
Declaring Big Muddy river a navigable stream, ib
Forming a new county out of the county of St. Clair, 39
Supplemental to an act entitled, an act supplementary
to the several laws for levying and collecting a tax
on Land, 41
Providing for taking the census of the inhabitants of the
Illinois territory, and for other purposes, 42
Supplemental to an act entitled, an act for taking the
census of the inhabitants of this territory, 44
To organize the militia of Crawford county, and for
other purposes, 45
To incorporate the town of Kaskaskia, 46
For the relief of Thomas C. Brown, a member of the
legislative council, 50
Providing for the collection of the tax of one thousand
eight hundred and seventeen, and for other purposes, 51
Supplemental to an act entitled, an act for the removal
and safe keeping of the ancient records and papers
of this territory, passed the 25th day of Dec. 1812,
To amend an act entitled, an act establishing courts for
the trial of small causes, passed the seventeenth day
of September, eighteen hundred and seven, 53
Supplemental to the acts establishing circuit courts,
and for the appointment of circuit attornies, 54
To authorise Joseph Smith to build toll bridges across
the Big and Little Beauconp creeks, 55
To regulate the representation in certain counties in
the General Assembly, 56
To incorporate the stock-holders of the Illinois Navi-
gation Company, 57
To incorporate the bank of Edwardsville, 65
To incorporate the City and Bank of Cairo, ;, 72
To incorporate the president, directors and company
of the bank of Kaskaskia, 82
Establishing circuit courts and justices' courts, and for
other purposes, 90
Making appropriations for the year eighteen hundred
and eighteen, and for other purposes, 98
Resolutions, 101
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11