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ACTS OF 



1815— '16. 



LAWS 

PASSED 

BY 

THE LEGISLATIVE COUNCIL 

AND 

HO USE OF REPRESENTA Tl VES, 

OF 

ILLINOIS TERRITORY, 

AT 

THEIR FOURTH SESSION, 

HELD 

AT KASKASKA, 

1815— '16. 



„••„**» • •• - »•- ,-, ... .. 

'-".'• : /-"fC A SEA. 'SKI A: - ;'• -'*« •"- '• 



PBINTED BY 

MA THE W D U JVC AN 

PBINTEB TO THE TERRITOBY: 

1816. 



Reprinted by Phillips Bros., Springfield, 111., 1898. 



L 6989 

JAN 4 1933 



LAWS 

OF 

ILLINOIS TERRITORY. 

Enacted in 1815 & '16. 



t -» 



*Att ACT 
For the Division of (jcillatin County. 

Sec. 1. Be it enacted* ^by, the Legislative 
Council and House of Representatives of the 
Illinois Territory, and it is hereby fenacted by 
the authority of the same, That blLihqt tract 
of Country within the following boundaries, 
(to wit,) beginning at the raouth of the* Iftjle 
Wabash running up the same to Jose,pp. 
Boon's mill, thence due West, to the third 
principal meredian, thence North to 
the South East corner of Edwards County, 
thence with Edwards County line East to 
the Big Wabash, thence down the same to the 
beginning; shall constitute a separate County 
to be called White; and for the purpose of 
fixing the permanent seat of Justice for the 
said county the following persons be appointed 
commissioners (to wit,) James Ratliff, Ben- 
jamin White, Samuel Hay, Thomas E. Craig 
and Stephen Hog, which said commissioners 
or a majority of them being duly sworn be- 
fore some Judge or Justice, of the Peace in this 



6 



Territory to faithfully take into view the situa- 
tion of the settlement, the geography of the 
• county; the convenience of the people and the 
eligibility of the place, shall meet on the first 
Monday in February next at the house of 
Lowny Hay on the little Wabash 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*fha # fiaid county for 
the purpose of erecting* /public buildings a 
quantity of land aithV^aid place not less than 
twenty acres tc;he #f la1d off into lots and sold 
for the abova*'pHrf)ose; But should the said 
proprietor pr proprietors refuse or neglect to 
make the donation aforesaid, then and in that 
case it shall be the duty of the commissioners 
to fix upon some other place for the seat of 
Justice as convenient as may be to the different 
^Settlements in said county, which place fixed 
and determined on the said commissioners shall 
certify under their hands and seals and return 
the same to the next county court in the coun- 
ty aforesaid, and as compensation for their ser- 
vices they shall each be allowed two dollars 
for every day they may be necessarily employ- 
ed in fixing the aforesaid seat of Justice to be 
paid out of the county levy, which said court 
shall cause an entry thereof to be made on their 
records; and until the public buildings may 
be fixed the courts shall be holden at the house 
of Lowny Hay on the little Wabash. 

Sec. 2. Be it further enacted, That it 
shall and may be lawful for the Governor of 



this territory immediately to constitute the 
militia within the county thus laid off into one 
regiment, the commanding officer of which shall . 
have the same power to order out the militia as 
is now possessed by the Lieutenant Colonel of 
the respective regiments. 

Sec. - 3. And be it further enacted, That 
the said county of White is hereby allowed 
one representative in the House of representa- 
tives of this territory, who shall be elected a- 
greeably to iaw and be entitled to all the im- 
munities powers and privileges prescribed by 
law to members of the House of Representa- 
tives. 

Sec. 4. Be it further enacted, That where- 
as the Counties of Gallatin Edwards and 
White compose one destrict for the purpose of 
electing a member of Legislative Council, the 
citizens of the said county entitled to vote may 
at any election for a member of the Legislative 
Council to represent said district proceed to 
vote for such member, and it shall moreover be 
the duty of the Sheriff of the said county of 
White within ten days after the close of said 
election to attend at the court house of the 
county of Grallatin with a statement of the vote 
given in said county of White to compare the 
polls of the respective counties and to join 
with the sheriff of Gallatin and Edwards coun- 
ties in making out and delivering to the person 
duly elected a certificate thereof, and for a 
failure thereof he shall forfeit and pay the same 
penalties and for the same purposes that the 
sheriffs of Gallatin and Edwards are subject. 



8 



Sec. 5. Be it further enacted, That the 
citizens of the said county of White are here- 
by declared to be entitled in all respects to the 
same right and privilege in the election of a 
Delegate to Congress as well as of a member 
to the House of Representatives of the Terri- 
tory that are allowed by law to the other coun- 
ties of this territory, and all elections are to be 
conducted at the same times and in the same 
manner as is provided for other counties. 

This act to be in force from and after the 
first day of Febrary next. _ 

RISDON MOORE 
Speaker of the house of representatives, 

PIERRE MENARD 
President of the Council. 
Approved this 9th Deer. 1815 

NINIAN EDWARDS. 



AN ACT 

>To authorized the County Court of Gallatin 
County to grant an additional Ferry at 
Shawnoetown. 

Whereas it appears to this Legislature, 
That doubts have arisen, whether the county 
court of Gallatin County are authorized, under 
the present existing laws, to grant Ferries at 
Shawnoetown, in consequence of the margin of 
the Ohio being according to the plan of said 
said Town, public ground and unappropriated 
to any individual. 

Bq it therefore enacted by the Legislative 
Council and House of Representatives; and it 
is hereby enacted by the authority of the same; 
That the county court of G-allatin be and they 
are hereby authorized to grant one more ferry 
at the above place, if they conceive the pub- 
lic good requires it, (the applicant complying 
with the law in all respects as are required by 
other applicants for Ferries in this territory.) 

RISDON MOORE 
Speaker of the House of Representatives, 

PIERRE MENARD 
President of the Council, 
Approved Deer. 18, 1815. 

NINIAN EDWARDS. 



10 



AN ACT 
For the relief of persons, that have violated 

the law respecting Dueling. 

Whereas the law entitled "An act to sup- 
press duelling was never published in this ter- 
ritory, untill the publication of the late revision 
of the laws of this tearitory, and may therefore- 
remaineded ignorant of the law, whereby sun- 
dry violations of it have taken place, and the 
violators deprived of their eligibility to hold 
any office in the territory according to the ope- 
ration thereof: For remedy whereof. 

Be it enacted by the Legislative Council & 
House of Representatives, and it is hereby en- 
acted by the authority of the same; That 
when any person shall hereafter receive any 
appointment to any office, either civil or mili- 
tary, in this territory. That the oath prescri- 
bed in the act entitled "An act to suppress 
dueling" shall apply to the. time of the passage 
of this act, and not to that, to which this is 
a supplement, and that no violation of said 
law which happened previous to the passage 
of this act shall work a disqualification. That 
this act to take effect and be in fofce from and 
after the passage thereof. 

RISDON MOORE 
Speaker of the House of Representatives, 

PIERE MENARD 
President of the CounciJ, 
Approved Deer. 18, 1815. 

NINIAN EDWARDS. 



11 



AN ACT 
Directing the mode of changing the venue. 
Sec. I. Be it enacted by the Legislative 
Council and House of Representatives of the 
Territory of Illinois and it is hereby enacted 
by the authority of the same: That all actions 
now depending or hereafter may be instituted 
in any court of "Records within this Territory, 
where either of the parties in the suit shall fear* 
that he, she or they, will not receive a far trial 
in the court, where it is pending, owing to the 
interest or prejudice of the Judge or Judges 
of the court, where the suit is pending, or that 
the sheriff or coroner is interested or prejudi- 
ced, or that the adversary of the person has 
undue influence over the minds of the citizens 
of the county, where the suit is pending, or 
that the person applying is so unfortunate, that 
he does not expect a fair trial, or that his de- 
fence is odious (tho' legal,) it shall be lawful 
for the said party to petition the Judge of the 
court aforesaid, where, the cause or action may 
be pending, for a change of venue for the said 
cause, distinctly setting forth the cause of bar, 
that he will not receive a fair trial, and support- 
ed by his or her affidavit, on which the Judge 
of the court shall, under his hand, award a 
change of the vene, and order the Clerk of 
the court, where the suit is depending, . to send 
forward the papers, in the suit, by some fit per- 
son, whom the Clerk shall employ, to such 
Court, having jurisdiction in similar cases, a& 
the Judge may direct; and the Clerk of such 
Court shall receive them, and give a receipt 



12 



for them, and docket the suit in order, and the 
Court shall have full power and jurisdiction to 
award suboenaes for witnesses, to inforce their 
attendance, to grant commissions for taking 
depositions, to hear and determine the said con- 
troversy, to award execution and to do every 
thing relative thereto which the Court* from 
whence the cause was removed, might or could 
have done. 

Sec. 2. Be it further enacted, That any per- 
son convicted of taking a false oath, when 
swearing to the truth of the allegation, shall be 
perjured and suffer accordingly: Provided, 
that no Judge, Sheriff or Coroner, charged as 
aforesaid, or adversary in the cause, shall be 
admitted as a witness against the petitioner. 
. Sec. 3. Be it further enacted, That the 
expense attending the record of such suit 
shall be paid by the petitioner, and taxed in 
the bilJ of costs at the determination of the 
suit, should he succeed, the person, who con- 
veys the papers shall have six cents for every 
mile that he shall necessarily travel in going to 
and returning from the Clerks Office, which 
shall be paid to the Clerk before the papers 
leave the Office. 

Sec. 4. Be it further enacted; That the 
Clerk shall be answerable for the fidelity of the 
person, he employes to transport the papers 
from his office, but not for unavoidable acci- 
dents. 

Sec. 5. And be it further enacted; That 
the venue in no case shall be changed unless 
the petitioner deposits the order of the Judge 



13 



together with the petition and affidavit afore- 
said, which shall be carefully preserved by the 
Clerk and the necessary expenses attending 
the removal, with the Clerk having custody of 
the papers at least thirty days before the court, 
to which the said suit shall be set for trial. 
This act to commence and be in force from 
and after the passage thereof. 

RISDON MOORE 
Speaker of the House of Representatives 

PIERRE MENARD 
President of the Council 
Approved, Dec. 21st 1815, 

Ninian Edwards. 



B 



14 



AN ACT 
To amend an act entitled " An act to regulate 
the disposition of water crafts found gone or 
going adrift and of estray animals*" 
Sec. 1. Be it exacted 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 the own- 
«r or owners of any stray Horse, Mare, Colt, 
Mule or Ass or any neat cattle taken up under 
the provisions of the aforesaid recited act shall 
not appear within two years after the publica- 
tion required in the said act, and prove his, 
her or their property then and in that case the 
property shall be vested in the taker up; pro- 
vided nevertheless, that nothing in this act 
shall be so construed as to prevent the lawful 
owneror owners of any estray or estrays as 
aforesaid from proving his, her or their proper- 
ty at any time after the expiration of the said 
two years but it shall be at the option of the 
taker up either to deliver the estray or pay the 
amount of the apprsisement after deducting the 
necessary expense of taking up and also reas- 
onable charges for keeping such estray or es- 
trays; But if such taker up shall make use of 
any estray horse or horses, mares or mules by 
working him or them, in such case he shall not 
be entitled to any pay for keeping any such es- 
tray. 

Sec. 2. Be it further enacted; That if any 
person or persons, who shall hereafter take up 
any estray hog, sheep or goat, and do therewith 
as the law requires, the property of such estray 



15 



shall be vested in the said taker up after the 
expiration of one year (if no owners shall ap- 
pear and prove their property within that time;) 
but in case the owners of such stray shall ap- 
pear and prove their property after the expira- 
tion of one year, it shall be optional with the ta- 
ker up to deliver to the said owners the said 
estray, or pay the amount of the appraisement 
thereof after paying the necessary expenses. 

Sec. 3. Be it further enacted, That any per- 
son taking up any estray Horse, mare, mule or 
colt shall within two months after the same is 
appraised, Provided, the owner shall not claim 
his property during the said term of two 
months, transmit to the public printer of this 
Territory a particular description of such es- 
tray or estrays, and the appraisment thereof, 
together with the name of the County and 
place of residence of said taker up, certified 
by the Clerk of the County or Justice before 
whom such estray was appraised, to be adver- 
tised three weeks in his paper, for which the 
said printer may demand thirty seven and one 
half cents for the first insertion, and eighteen 
and three fourth cents for every time after- 
wards, and when there shall be two or more 
estrays in the same advertisement, such printer 
shall not demand more than one half the sum 
for such additional estray or estrays or each of 
them as is allowed for one. 

Sec. 4. And be it further enacted; That all 
and every part of the aforesaid recited act com- 
ing within the perview of this act shall be and 
the same is hereby repealed. This act to take 



16 



effect from and after the fifteenth day of Feb- 
ruary next. 

RISDOiST MOORE, 
Speaker of the House of Representatives, 

PIERRE MEiVARD, 
President of the Council. 
Approved Deer. 30, 1815. 

-ZVinian Edwards. 






AN ACT 

Reforming certain rules of legal Constitution. 
Be it enacted by the Legislative Council and 
House of Representatives of the Illinois Terri- 
tory, and it is hereby enacted by the authority 
of the same; That whenever any law, which 
has repealed another, shall be itself repealed, 
the former law shall not be revived without ex- 
press words to that effect; This act to be in 
force from and after the passage hereof. 

RISDON MOORE, 
Speaker of the House of Representatives, 

PIERRE MENARD, 
President of the Council. 
Approved Deer. 30, 1815, 

NINIAN EDWARDS, 



17 



AN ACT 

To encourage the killing of Wolves : 
Whereas the raising of sheep ought to be 
encouraged by every possible means, and as 
the destruction of Wolves would greatly tend 
to so desirable an object. 

Sec. 1. Be it therefore enacted by the Le- 
gislative Council and House of Representa- 
tives of the Illinois Tenritory and it is hereby 
enacted by the authority of the same, That ev- 
ery person within this Territory of the age of 
ten years and upwards, who shall kill anywolf 
within six miles of any of the settlements in any 
County within this Territory, shall receive fif- 
ty cents for every wolf, he shall kill, not ex- 
ceeding six months old to be adjudged of 
by the Justice before whom the head or scalp 
thereof, shall be taken, and for every wolf of 
the age of six months and upwards, seventy 
five cents. 

Sec. 2. Be it further enacted, That every 
person,^ claiming such reward, shall produce 
the head or heads, scalp or scalps (if more than 
one) with the ears entire, to a Justice of the 
Peace of the county, where such wolf was kil- 
led, who shall administer to such person the 

following oath, viz. I do solemnly swear 

or affirm (as the case may be) that the head or 
heads scalp or scalps (as the case may be) now 
produced by me is the head or scalp of a wild 
wolf taken and killed by me in the County of 

within six miles of some one of the 

settlements within the same, to the best of 
my knowledge, and that I have not wittingly 



18 



or willingly spared the life of any bitch wolf, in 
my power to kill, with a design of encreasing 
the breed so help me God." — and every Jus- 
tice before he administers the foregoing oath, 
shall first read it to the person wishing to re- 
ceive the same, and also the fourth section of 
this law; and every Justice to whom such 
head or scalp shall be produced, is hereby 
empowered and required to administer the 
foregoing oath, and thereupon grant the killer 
a certificate, reciting his name, the number of 
heads or scalps, and whether they be under or 
over six months old, the time and place they 
were killed, which certificate being produced 
to the County Court, who are hereby author- 
ised and required to give such person an or- 
der on the County Treasurer for the amount, 
to wfiich he or they may be entitled, 

Sec. 3. Be it further enacted; That any 
Justice, having wolves heads or scalps brought 
before him shall have the ears cut off in his 
presence. 

Sec. 4. Be it further enacted; That if any 
person or persons shall receive any reward con- 
trary to the true intent and meaning of this act, 
the person or persons, so offending, shall for- 
feit and pay any sum not exceeding thirty dol- 
lars, to be recovered by action of debt, qui 
tarn or by indictment, for the use of the coun- 
ty, before any court having Jurisdiction there- 
of. 

Sec. 5. And be it further enacted, That 
all Justices of the peace are hereby required to 
administer the oath and grant the certificate 



19 



herein mentioned, as above required as neces- 
sary and incidental to his office, without fee. 
— This act shall commence and be in force 
from and after the passage thereof. 

RISDON MOORE, 
Speaker of the House of Representatives. 

PIERRE MENARD. 
President of the Council. 
Approved, Deer. 30th 1815. 

NINIAN EDWARDS. 






AN ACT 
To amend the law now in force directing the 
mode of summoning avd impannelling grand 
Juries. 

BE it enacted by the Legislative Coun- 
cil and house of Representatives of the Il- 
linois Territory and it is herby enacted by the 
authority of the same, That where the Grand 
Juries, which may be summoned to attend any 
of the Circuit Courts in this Territory, shall be 
discharged, and the said Court at any time 
thereafter, during the said term, shall think it 
necessary to have empannelled another Grand 
Jury, they shall have power and authority to do 
so, and for that purpose shall enter an order 
on Record, directing the Sheriff to summon a 



20 



sufficient number of qualified persons to con- 
stitute a Grand Jury, to meet and attend at 
such time as the Court shall direct, upon 
which said order the Sheriff shall proceed im- 
mediately to summon a Grand Jury to meet 
at the time directed by said order of Court, 
which said Grand Jury, so summoned, being 
duly empanneled shall have all the powers and 
be subject and governed by the same rules 
regulations and laws as, Grand Juries hereto- 
fore have been, and their proceedings shall be 
as effectual and binding to all intents and pur- 
poses as though done by a Grand Jury sum- 
moned under the law now in force. This act 
shall be in force from and after the passage 
thereof. 

RISDON MOORE, 
Speaker of the House of Representatives, 

PIERRE MENARD, 
President of the Council. 
Approved Deer, 30, 1815. 

Ninian Edwards. 



21 



AN ACT. 

Providing for the collection of the land tax in 
the counties of Gallatin and Edwards for 
the year 1815. 
Whereas it is represented to the General as- 
sembly that the county commisioners list of 
land subject to taxation in the counties of 
Gallatin and Edwards were not put into the 
hands of the present sheriffs of said coun- 
ties within the time prescribed by law, and 
that the same has not been collected, for 
remedy whereof: 

Sec. 1. Be it enacted by the Legislattve 
Council and House of Representatives of the 
Illinois Territory, and it is hereby enacted by 
the authority of the same. That the sheriffs 
of Gallatin and Edwards counties shall be, and 
they are hereby authorised and required to 
collect the taxes on land in the said counties 
for the year 1815, from the several persons 
charged therewith agreeably to their respective 
county commissioners lists, and it shall be 
their duty to settle with the Auditor and pay 
the proceeds in to the treasury on or before 
the first day of May next, and in case of fail- 
ure, they shall be subject to be proceeded 
against by the Auditor in the same manner as 
if the lists had been put into their hands within 
the time prescribed by law. 

Sec. 2. Be it further enacted, That it 
shall be the duty of the clerks of the county 
courts for the said counties of Gallatin and 
Edwards, to cause to be transmitted to the 
Auditors office on or before the first day of 



22 



March next a transcript of the county commis- 
sioners lists of land subject to taxation in their 
respective counties for the year 1815, and they 
shall be allowed the same compensation for 
their services, as if the same had been made 
within the time required by law, and in case 
of their failure ,to comply with the requisitions 
of this section, tbey shall incur the same pen- 
alties as are provided by law for failing to 
make out annual transcripts within the time 
prescribed by law. 

Sec. 8. Be it further enacted, That it 
shall be lawful for the sheriff of Gallatin coun- 
ty to collect the arrearages of taxes in the 
counties of White and Pope in the same man- 
ner as if the said White and Pope counties had 
not been established. This act to be in force 
from its passage. 

RISDON MOORE 
Speaker of the House of Representatives 

PIERRE MENARD 
President of the Council. 
Approved Jan. 4, 1816. 

Ninian Edwards. 



23 



AN ACT 
To provide a 'compensation for the Sheriff in 

the Court of Appeals. 

BE it enacted by the Legislative Council 
and House of Representatives of the Il- 
linois Territory, and it is hereby enacted by 
the authority of the same; That the sheriff at- 
tending the Court of Appeals shall receive, for 
his attendance, the sum of one dollar for each 
suit, that shall be decided in said court which 
shalL be taxed in the bill of costs, and paid by 
the unsuccessful party and recovered in the same 
manner, that the clerks fees are, and he shall 
receive the same fees for similar services, that 
the sheriffs receive for their services in the 
circuit courts. This act to take effect from 
and after the passage thereof. 

iJISDON MOO.KE. 
Speaker of the House of i?epresentatives. 

PIEiJiJE MENAflD 
President of the Council. 
Approved Jany. 4, 1816. 

Ninian Edwards. 



24 



AN ACT 
To amend the "Act concerning the Militia" 
passed the 14, day of December one thou- 
sand eight hundred and fourteen. 

Whereas by the militia law many persons 
may be fined by courts martial, who may 
be unable to attend and make their lawful 
excuse, and much injury may result to the 
good people of this Territory for remedy 
whereof. 

Sec. 1 Be it enacted by the Legislative Coun- 
cil and House of .Representatives of the Illi- 
nois Territory, and it is hereby enacted by the 
authority of the same, That hereafter when- 
soever any person or persons shall have been 
thus grievously fined it shall be lawful for those 
upon receiving notice from the sheriff of such 
fine having been assessed to notify the sheriff 
of his or their intention to appear at the next 
Battallion or iJegimental court Martial and 
the sheriff is hereby required to suspend the 
collection of said fine until after the next Bat- 
talion or regimental court Martial. 

Sec. 2. Be it further enacted, That it shall 
be the duty of any person appealing to any 
subsequent Court Martial for the remission 
of a fine to obtain a certificate of such remis- 
sion from the court Martial remitting the 
same, which said certificate shall be received 
by the sheriff in payment of the fine and the 
Auditor is hereby required to credit the she- 
riff with the same upon the delivery of the 
aforesaid certificate. This act to commence 



25 



and be in force from and after the passage 
thereof. RISDON MOORE 

Speaker of the House of Representatives, 

PIERRE MENARD 
President of the Council, 
Approved Jan. 4, 1816. 

jVinian Edwards. 



tAstA.iA.'tA.'tAy'tAsvlstAsvU • . . • 'A/tAstASfA iAjvUvUvUiAj 



AN ACT 
For forming a new county out of Randolph 

and St. Clair counties. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representative of the 
Illinois Territory and it is hereby enacted by 
the authority of the same; That all that part 
of the country within the following bounds, 
viz, Beginning on the Mississippi i?iver where 
the base line, which is about three fourths of a 
mile below Judge Biggs' present residence 
strikes the said River, thence with the base 
line untill it strikes the first township line there- 
from, thence S.E. to the S.E. corner of township 
two, south range, nine West, thence south to 
the south East corner of township four, south 
range nine West, thence south Westwardly to 

the Mississippi so as to include Alexander 

C 



26 



M'Nabb's farm, and thence up the Mississippi 
to the beginning, shall constitute a sepparatfr 
county to be called Monroe. 

Sec. 2. Be it further enacted, That Wil- 
liam Alexander, James Lemon senr. James 
B. Moore, John Prim, and James M'Roberts, 
be, and they are hereby appointed commis- 
sioners to fix upon the proper place for the 
seat of Justice for said county of Monroe, who 
shall meet for that purpose, on the third Mon- 
day of July next at the town of Harrison and 
they, or a majority of them, when so assembled ' 
togeter, shall take an oath to fix the said seat 
of justice at such place as they shall think 
best calculated to promote the convenience, 
and interest of said county without favour or 
affection to any individual or individuals, 
provided the owner or owners of the land will 
give to the county for the purpose of erecting 
public buildings, a parcell of land at the said 
place, not less than twenty acres, and laid off 
into lotts and sold for the above purpose, but 
should said owner or owners refuse to make 
said donation aforesaid, then and in that case 
it shall be the duty of the commissioners to 
fix upon some other place for the seat of Jus- 
tice as convenient as may be the different set- 
tlements in said county, and when fixed upon 
by said commissioners they shall certify un- 
der their hands and seals, and return the same 
to the next county court in the county, which 
said court shall cause an entry thereof to be 
made on their records of the said court. 
Provided however, that if the said Commission- 



27 



ers or a majority of them, shall not be able to 
meet on the said third Monday in July next 
they shall meet as soon thereafter as it may be 
convenient, and either at the first or any sub- 
sequent meeting they may continue from day 
to day so long as they may think it necessary to 
form a correct decision; and said commission- 
ers shall be entitled to two dollars each per 
day that they are nessarily employed in 
fixing the county seat, to be paid out of their 
county levy; and provided also, that the 
town of Harrison shall be the seat of Justice 
for said county until some other place shall be 
chosen as aforesaid and public buildings 
be erected thereon. 

Sec. 3. Be it further enacted, That the 
said county of Monroe shall be, and hereby 
is allowed one representative in the House of 
Representatives of this territory, who shall be 
elected in the some manner that iJepresetatives 
are now authorised by law to be elected in 
other counties, and he shall be authorised to> 
exercise all the powers, possess all the privi- 
leges, and be entitled to all the emoluments 
that any other Representative can exercise- 
possess or receive according to law. 

Sec. 4. Be it further enacted, That where- 
as the said county of Monroe was taken off 
of two districts for the election of Members of 
Council, all qualified voters who shall reside 
within those bounds which previous to the 
passage hereof was a part of St. Clair county* 
shall have a right to vote for a member of the 
Legislative Council to represent them and the 



28 



qualified voters of St. Clair county as one dis- 
trict; and all those qualified voters who shall 
reside within those bounds, which previous 
to the passage hereof, was a part of Randolph 
county shall have a right to vote for a member 
of the Legislative council to represent them, 
and the qualified votors of Randolph county as 
one district, and it shall be the duty of the 
Sheriffs of the counties of Monroe and St. 
Clair within eight days after the election to 
attend at Bellville and compare the polls and 
make out and deliver to the person duly elec- 
ted for that district their joint certificate there- 
of; And it shall be the duty of the said 
sheriffs of Randolph and Monroe to attend at 
Kaskaskia within ten days after the election, to 
compare the polls and make out and deliver 
to the person duly elected for that district their 
joint certificate thereof, provided however, 
that any part of the said duty may be perfor- 
med by a legally authorised deputy sheriff, the 
principal sheriff being responsible for the faith- 
ful discharge thereof, and if the said sheriff, or 
any of them shall refuse or fail to perform the 
duties hereby required, such delinquent, or de- 
linquents, shall severally forfeit and pay the ' 
sum of two hundaed dollars to be recovered by 
action of debt or indictment one half to the use 
of the territory and the other half to the person 
sueing or prosecuting for the same. 

Seb. 5. Be it further enacted, That the 
qualified voters in said county of Monroe shall 
be entitled in all respects to the same rights and 
privileges in the election of a deligate to Con- 



29 



gress, that are allowed by law to the qualified 
voters of any other county; and all elections 
hereby authorised, shall be held at the seat of 
Justice for the said county of Monroe, and shall 
in all respects be held and conducted as elec- 
tions are authorised and required to be held 
and conducted in other counties. This law 
to commence and be in force from and after 
the first day of June next. 

RISDON MOORE, 
Speaker of the House of Representatives. 

PIERRE MENARD. 
President of the Council 
Approved, Jan. 6th 1816. 

NINIAN EDWARDS. 



60 



AN ACT 

For the relief of Hezekiah West Treasurer of 

the County of Johnson. 

Whereas it has been representated to this Le- 
gislature, that the said Hezekiah West trea- 
surer of the said County of Johnson com- 
menced and finished listing the taxable pro- 
perty in said County in the year 1815 before 
the law "authorised him to do the same, in 
consequence of which the County Court of 
said County refuse to receive the said lists of 
taxable property, for remedy whereof. 

BE it enacted by the Legislative Council 
and House of Representatives of the Il- 
linois Territory, and it is hereby enacted by 
the authority of the same; That the lists so 
taken shall be as valid in all respects as if they 
had been taken in agreeably to the existing 
laws, and that the county court of Johnson 
County shall be compelled to receive the said 
list, at the first court hereafter to be held for 
said county under the same rules and regula- 
tions, as if they had been taken in, in proper 
time, any law to the contrary notwithstanding; 
And the sheriff of Johnson County is hereby 
authorised and required to proceed to collect 
the taxes in said County, and that further time 
untill May next be given him to make his set- 
tlements for said taxes, and the said sheriff is 



31 



beredy authorised to collect all taxes now due 
from the inhabitants included in the present 
bounds of Johnson County, This law to take 
. effect from and after the passage hereof. 

RISDON MOORE. 
Speaker of the House of .Representatives, 

PIERRE MENARD 
President of the Council. 
Approved Jany, 6, 1816. 

N inian Edwards. 



32 



AN ACT 
Increasing the jurisdiction of the County 

Courts. 

Sec. 1. 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 county 
courts of this territory shall hold four sessions 
annually, and shall have original jurisdiction 
of all demands for direct payment of money 
where the same shall be over twenty dollars and 
not exceeding one hundred dollars. 

Sec. 2. Be it further enacted, That when- 
ever hereafter any person or persons, shall hold 
any bill, bond promisory note, or instrument 
of writing in his her or their own right or as- 
signee of any other person or persons or shall 
have an account or verbal contract for the di- 
rect payment of money, within the above spe- 
cified amount, he, she or they may at any time 
after the same becomes due file the said bill, 
bond, pramisory note, instrument of writing 
or account in the Clerk's office of the county 
court of that county in which the debtor or deb- 
tors or either of them may reside together with 
a pepetition in substance as follows. 

County, to wit, A. B- plaintiff states 
that he holds a bond (or other instrument of 
writing as the case may be) or has an 
account on or against C. D. defendant 
(or defendants) in substance and to the effect 



33 



following (here insert a copy of the note, other 
instrument of writing,or accounts as the case may 
by)& if there are any assignment or assignments 
on any such bond, note or other instrument of 
writing; they shall be set fourth as follows, 
to wit, on which note (bond or other instru- 
ment of writing as the case may be (there is 
the following assignment (or assignments,) to 
wit, (here set fourth the assignment or as- 
signments) yet the said debt or account as the 
case may be, remains unpaid, wherefore the 
plaintiff (or plaintiffs) prays judgment tor 
his debt and damages, together with his costs 
&c." 

Signed "A. B." plaintiff. 
Sec. 3. Be it further enacted, That the 
clerks of the said court on the filing of said 
petition, shall issue a summons with the copy 
of said petition annexed thereto, commanding 
said defendant or defendants to appear on the 
first day of the succeeding term of said court 
and answer the said petition, or otherwise final 
judgment will be entered up against him by 
default, which said petition and summons shall 
be served on the defendant by delivering a co- 
py thereof by the sheriff of said county to each 
of the defendants named therein, attested as a 
true copy of said petition and summons by the 
said sheriff, and the sheriff shall return the ori- 
ginal petition and summon to the clerks office 
from which it issued with an endorsement 
thereon of the execution thereof to the follow- 
ing effect (to wit) "Executed by delivering a 

true copy of the within petition and summons 
—3 



1 

I 



34 



to the said C. D. on the day of 

and if the defendant or defendants or any of 
them will not receive the said copy of the she- 
riff, in that case the sheriff shall read said peti- 
tion and summons to the defendant or defen- 
dants in an audible voice, and throw down the 
copy thereof in the presence of the defendant 
or defendants, or if the defendant or defend- 
ants when informed by the sheriff that he has 
such petition and summons against him her 
or them, shall fly from the sheriff before he 
can have an opportunity of reading the same 
to him, her or them, in that case the sheriff 
shall leave said copy at the place where the de- 
fendant or defendants departed from, and re- 
turn the truth of the case, endorsed on the pe- 
tition and summons and in either of the last 
mentioned cases the petition and summons 
shall be considered as legally executed. 

Sec. 4. Be it further enacted, That the 
clerk shall set the said petition on his docket 
.for trial on the first day of the first term suc- 
ceeding the filing thereof, and if it shall ap- 
pear by the sheriffs return on the petition and 
summons that the same has been executed on 
the defendant or defendants or either of them 
at least ten days previous to the return thereof, 
the same shall stand for trial, in the order in 
which it is docketed, but if it has not been ex- 
ecuted ten days pefore the return thereof, it 
shall be continued until the next term, unless 
both parties shall consent to the trial thereof at 
the term to which it is returned. 

Sec. 5. Be it further enacted, That if 



35 



on the calling of the cause any defendant or 
defendants on whom the petition and sum- 
mons has been executed ten days before the 
return thereof, shall not appear, the court shall 
proceed to give judgment for debt, dam- 
ages and costs against said defendant or defen- 
dants agreeably to the bill, bond, or other in- 
strument of writing, or in the case of an ac- 
count, for the amount thereof, it being first 
proven by legal testimony, unless the plaintiff 
or plaintiffs shall require a writ of enquiry 
which if so required shall be executed immedi- 
ately by jurors to be taken from the bye-stan- 
ders. But if the defendant or defendants shall 
appear, he, she or they shall be at liberty to 
plead any plea which by law he or they could 
now do in any action of debt or assumpset 
that goes to the real merit of the case, on which 
plea or pleas an issue shall be considered as 
joined; and that justice may not be entan- 
gled in a net of tecknical nicety, it is hereby 
explicitly declared that any testimony which 
goes to the real merits of the case may be admit- 
ted on such issue, & the jury thereupon shall be 
at liberty to give their verdicts for whatever may 
appear to them to be justly due to the plaintiff 
or plaintiffs. Provided however that nothing 
herein contained shall prevent the court from 
continuing said suit on good cause shewn. 

Sec. 6. Be it further enacted, That if the 
petition and summons shall be returned not 
found an alias summons with a copy of the pe- 
tition annexed may issue returnable to the first 
day of the next term without an order of th9 





36 



Court. Provided nothing herein shall prevent 
any plaintiff or plaintiffs from proceeding on to 
the final judgment against any defendant or 
defendants on whom the said petition and sum- 
mons have been returned executed as afore- 
said. 

Sec. 7. Be it' further enacted, That the 
clerk shall be entitled to fifty cents for issuing 
the summons, but no tax fee shall be charged 
thereon, and for all other services he may per- 
form under this law, hie fees shall be the same 
as are now allowed by law to any other clerks 
for similar services, and the sheriff shall receive 
fifty cents for executing said petition and sum- 
mons on each and every defendant therein na- 
med, and twelve and a half cents for returning 
the same and for all other services he shall be 
entitled to the same fees as the law allows for 
similar services. 

Sec. 8. Be it further enacted, That nothing 
in this act contained shall prevent any plaintiff 
or plaintiffs, from commencing his, her, or their 
action or actions on any bill, bond, note in- 
strument of writing or account in the same 
manner that he, she or they might have done 
if this law had nevtr been passed. 

Sec. 9. Be it further enacted, That whenever 
one or more defendants shall reside in another 
cty, it shall be lawful for the plaintiff when he 
files his petition aecording to this law, to take 
out a summons with a copy of the petition as 
aforesaid directed to the sheriff of such other 
county to summons such other defendant or 
efendants to answer the said petition, or if 



37 



it shall appear on the return of the first petition 
and summons that one or more of the defend- 
ants are found, the plaintiff may go on to judg- 
ment against the defendant or defendants on 
whom the petition and summons have be$n 
executed and discontinue his suit to the other 
defendants or he may go on to trial against the 
x defendant or defendants on whom the process 
has been executed and taken out an alias peti- 
tion and summons against such defendants as 
have not been found directed to the sheriff of 
the county where such defendant or defendants 
or either of them may be or reside; and where 
such process shall have been returned executed, 
the plaintiff may proceed to judgment agreeably 
to the regulations aforesaid in the same man- 
ner as if no judgment had been given against 
the defendant or defendants on whom such 
process was first executed. But if the execu- 
tion on the first judgment shall be returned 
satisfied, no execution except for costs shall 
issue on the second judgments, but if the first 
judgment, shall not be so satisfied or be but 
partly satisfied, execution may issue for the 
whole or such unsatisfied part on the said sec- 
ond judgment, and so may execution issue in 
the same manner on either of the said judg- 
ments until the whole amount of the debt dama- 
ges and costs justly due has been collected and 
no more. Provided however, that but one exe- 
cution on either of said judgments shall issue 
at once nor shall any new execution issue un- 
til the proceeding one has been returned, or un- 

D 



38 



til after the return day thereof, or the plaintiff 
or plaintiffs may continue the s'd cause until the 
process has been executed on all the defend- 
ants. 

Sec. 10. Be it further enacted, That the 
clerk shall hnve six cents for filing the petition 
and the same fees for copying as are allowed 
by law for the sajne service. 

Sec. 11. Be it further enacted, That execu- 
tions may in all other respects issue and be ex- 
ecuted and is provided in cases of judgments 
given by any other courts of common law in 
this territory. 

Sec. 12. Be it further enacted That all 
powers necessary to the due execution of the 
duties hereby enjoined on the said county 
courts shall be and hereby are conferred on 
them respectively. 

Sec. 13. Be it further enacted, That it shall 
and may be lawful for the governor of the 
territory to appoint all the judges of the res- 
pective county courts and all the clerks there- 
of during good behaviour for the term of three 
years from the date of their respective appoint- 
ments. 

This act to be in force from and after the 
passage thereof. 

RISDON MOORE, 
Speaker of the House of Representatives, 

PIERRE MENARD, 
President of the Council. 
Approved Jan. 6, 1816. 

Ninian Edwards. 



39 
AN ACT 

For relief of Julian Bart. 

« 

Whereas it appears to this Legislature that Ju- 
lian Bart was drafted to serve a tour of duty 
as a militia man under a legal requisition of 
the Government of the United States, du- 
ring the past summer and that the said Bart 
while in service, and obeying the orders of 
his officer was most shockingly waunded, 
having one arm shot off the other broken in 
different places, his body lacerated, and his 
eyesight greatly injured, and now lies in a 
most distressed situation, in the Town of 
St. Louis dependent on the bounty of a poor 
family who are totally unable to provide the 
necessary comforts and accommodation for 
him, and whereas it would be cruel and un- 
just to permit him to linger out a misera- 
ble existence rendered so in the service of 
his Country without the support which it is 
able to afford him, therefore: 

BE it enacted by the Legislative Coun- 
cil and hovse of Representatives of the Il- 
linois Territory and it is hereby enacted by the 
authority of the same, that the gov. of this terri- 
tory be, and is hereby authorised to apply to 
the auditor of this Territory for a warrant or 
warrants for such sum or sums as may from 
time to time become necessary for the sup- 
port of the said Julian Bart and to provide for 
his removal from St. Louis to Kaskaskia, his 



40 



place of residence. This act to commence 
and be in force from and after the passage 
thereof and to be in force untill the next ses- 
sion of the Legislature. 

RISDON MOORE 
Speaker of the House of Representatives. 

PIERRE MENARD 
President of the Council. 
Approved Jan. 9, 1816. 

NlNI AN E D WARDS. 



41 
AN ACT 

Explaining the Jurisdiction of the Circuit 
Courts and for other purposes. 

Sec. 1. Q^E it enacted by the Legislative 
I 1 Council and House of Repre- 
sentatives of the Illinois Territory, and it is 
hereby enacted by the authority of the same, 
That the Jurisdiction of the several Circuit 
Courts, shall remain, and extend to all parts of 
the Territory in which they had Jurisdiction 
on the first day of December 1815. 

Sec. 2. Be it further enacted, That nothing 
contained in any law passed at this session of 
the Legislature erecting and establishing any 
new County or Counties shall be construed so 
as to impair or infringe upon the power of the 
sheriffs of the Counties of Gallatin, Johnson, 
Randolph or St. Clair, from executing any 
process legally issuing from the respective 
Circuit Courts in any part of their respective 
Counties as they existed on the first day of 
December 1815. 

Sec. 3. Be it further enacted, That all re- 
cognizances taken by a conservator of the 
Peace, for any offence of which the Circuit 
Courts have recognizance, shall be returned to 
the Circuit Court which had Jurisdiction on 
the first day of December 1815 over the place 
where the offence shall have been committed, 
and the said offender shall be committed to the 
Jail of the County in which the said Circuit 
Court shall hereafter be holden, if the offence 



42 



be not bailable or if he refuse to give bail, and 
the said offender shall be tried in said county. 

Sec. 4. Be it further enacted, That this 
act shall take effect from the passage hereof and 
remain in force until a Circuit Court shall be 
organized in the new Counties or clerks of such 
Circuit Courts shall be appointed therein law- 
fully qualified to issue the necessary process 
and no longer. 

RISDON MOORE, 
Speaker of the House of Representatives 

PIERRE MENARD, 
President of the Council. 
Approved Jan. 9, 1815. 

Ninian Edwards 



43 



AN ACT 

To amend an act entitled "An Act for levying 

and collecting a tax ou Billiard Tables. 
Sec. 1. (3-^ ^ enac ted by the Legislative 
£3 Council and House of Repre- 
sentatives of the Illinois Territory and it is 
hereby enacted by the authority of the same, 
That the annual tax on Billiard Tables shall 
hereafter be one hundred and fifty dollars, one 
hundred dollars to the use of the Territory and 
fifty dollars to the use of the county to be re- 
covered in the same way as is directed by the 
act that was passed on the twenty second day 
of December eighteen hundred and fourteen 
for levying-and collecting a tax on Billiard Ta- 
bles, and subject to the same rules and 
regulations as are in the said recited acst. 

Sec. 2. Be it further enacted, That all laws 
coming within the perview of this act shall be, 
and the same are hereby repealed, This act 
to take effect from and after the passage here- 
of: 

RISDON MOORE 
Speaker of the House of Representatives, 

PIERRE MENARD 
President of the Council 
Approved, Jan. 9, 1816. 

Ninian Edwards. 



44 



AN ACT 

Supplementary to an act entitled "An Act es- 
tablishing Ferries. 
Sec. 1. QE it enacted by the Legislative 
D Council and House of Represen- 
tatives of the Illinois Territory, and it is here- 
by enacted by the authority of the same, 
That any owner, or occupier of a Ferry that is 
or mayhereafter be established within this terri- 
tory, shall be and they are hereby obliged to . 
keep the banks of the River or water course at 
the place where such ferry is kept in such re- 
pair that waggons and teams may safely and 
conveniently pass; any person or persons own- 
ing or keeping a ferry legally established with- 
in this territory and neglecting or refusing to 
perform the duties required by this act, shall 
for every such offence, be subject to the same 
penalty as supervisors of public highways, are 
for neglect or omission of their duty, to be re- 
covered in the same way as is pointed out in 
the law to recover fines from supervisors for 
neglect of their duty. 

Seer 2. Be it further enacted, That all 
Preachers of the Grospe), when going to and 
from preachingshall pass ferry free. This act 
to take effect from and after the first day of 
April next. 

RISDON MOORE. 
Speaker of the House of Representatives, 

PIERRE MENARD 
President of the Council. 
Approved Jany. 9, 1816. 

Ninian Edwards. 



AN ACT 

Authorising the Clerks of the several County 
Courts to administer oaths to officers com- 
missioned by the Governor. 

Whereas the existing law requiring that the 
Governor of the Territory shall administer 
oaths prescribed by law to all officers ap- 
pointed under the authority of this govern- 
ment, or that he shall issue a Dedimus po- 
testatum, in such cases to some other per- 
son for that purpose is found productive of 
inconvenience and subject to disappoint- 
ment and delays in consequence of the ex- 
tent of the Territory snd various casualties 
that attend the sending special powers for 
remedy whereof. 
Sec 1. HE it enacted by the Legislative 
LD Council, and House of Repre- 
sentatives of the Illinois Territory, and it is 
hereby enacted by the authority of the same, 
That the clerks of the county courts, in the re- 
respective counties in which they are clerks, 
shall be authorised and are hereby required to 
administer the oaths prescribed by law, to all 
persons who may be appointed to offices with- 
in their respective counties whenever thereto 
required, by any person producing a commis- 



46 



sion from the Governor appointing him to any 
office as aforesaid, and it shall moreover be the 
duty of each clerk as aforesaid to make and 
preserve a record of all such cases and trans- 
mit once in every three months a list of those 
persons to whom he may have administered 
such oaths together with the several dates 
thereof to the Secretary of the Territory. 

RISDON MOORE, 
Speaker of the House of Representatives. 

PIERRE MENARD. 
President of the Council. 
Approved, Jan. 9th 1816. 

NINIAN EDWARDS 



47 



AN ACT 

To -amend the act entitled "an act establishing 
Courts for the trial of small causes. 

Sec. 1. j^^ E it enacted by the Legislative 
1j Council, and House of Repre- 
sentatives of the Illinois Territory, and it is 
hereby enacted by the authority of the same, 
That so muck as is contained in the nineteenth 
section of the act entitled "An Act establish- 
ing courts for the trial of small causes" pas- 
sed the seventeenth day of September eigh- 
teen hundred and seven, as requires Consta- 
bles who do not possess a freehold estate of the 
value of three hundred dollars to give bond 
with one good freeholder as security shall be 
and the same is hereby repealed and that here- 
after any house holder resident in the County 
who may be approved by the County treasu- 
rer shall be deemed and taken as sufficient se- 
curity in any such bond required by law to be 
given by any constable as required in the 
above recited section of the act aforesaid. 

Sec. 2. Be it further enacted, That all 
bonds required by the above recited act to be 
given by constables shall be given to the coun- 
ty treasurers in the respective counties; and 
such bonds so given shall be conditioned in 



4ft 



like manner and for the same purposes as con- 
tained in the above recited act. 

RISDON MOORE 
Speaker of the House of Representatives,. 

PIERRE MENARD 
President of the Council, 
Approved, Jan. 9. 1816. 

N inian Edwards. 






AN ACT 

Coneerning the court of Appeals for Illinois 
Territory and the several circuit courts and 
for other purposes. 

~ 1 r*^ E it enacted by the Legisla- 
I 1 tive Council and House of 
Representatives of the Illinois territory and it 
is hereby enacted by the authority of the same, 
That the circuit courts of this territory within 
the respective counties composing each circuit 
shall have jurisdiction over all cases, matters 
and things at common law and in chancery of 
the value of twenty dollars and upwards and 
also of cases and vagrancy attachments, divor- 
ces, motions against puclic debtors, clerks, 
sheriffs, collectors of public monies for the 
territory or any county thereof and of all other 
matters and things civil or criminal, of which 
the general court or court of common pleas, 



49 

had jurisdiction on the thirty first day of De- 
cember in tjie year of our lord one thousand 
eight hundred and fourteen (except in .those 
cases in which the county courts now have 
jurisdiction) and the United States Judges ap- 
pointed for the Illinois Territory in their re- 
spective circuits shall in term and in vacation, 
possess the same powers and perform the 
same duties in matters cognizable by the cir- 
cuit courts which were vested in and required 
of the Judges of the General court and courts 
of common pleas on the 81st day of December 
1814 except those which are now vested in 
and exercised by the Judges of the county 
courts, and the rules and regulations prescri- 
bed by law for the exercise of the powers and 
duties hereby granted in all cases applicable 
shall govern the said circuit courts and the 
Judges thereof, and be pursued by all officers 
and litigants in said courts respectively — And 
in all cases not provided for by law the said 
circuit courts shall have power to adopt such 
rules and regulations as may be necessary to 
effectuate the powers hereby granted. 

Sec. 2. And be it further enacted, That 
all process, recognizances and other proceed- 
ings which were on the 31st day of December 
1814 required to be made returnable to either 
the General court or courts of common pleas 
(except those that are returnable to the county 
courts) shall hereafter be made returnable to 
the circuit courts, respectively. 

Sec. 3. Be it further enacted, That all 

E 
—4 



50 



clerks, sheriffs and other officers in the respec- 
tive circuit courts shall possess the same pow- 
ers perform the same duties and receive the 
same fees and have the same mode of collect- 
ing them and enjoy all the rights which the 
like officers possessed and might have exercis- 
ed in the courts of common pleas and the 
General court on the 31st day of December 
1814, Provided however that nothing herein 
contained shall be construed to confer any 
power or require any duty repugnant to a law 
of Congress entitled "An act regulating and 
denning the duties of the United States Judges 
for the territory of Illinois," passed March 3d 
1815 it being the intention of this Legislature 
to confer on the aforesaid circuit courts and the 
Judges thereof such powers and to require of 
them such duties as the United States Judges 
for this territory have heretofore from time to 
time exercised and performed in those cases 
only in which such powers and duties shall 
not be repugnant to the before recited act of 
Congress. 

Sec. 4. Be it further enacted, That the 
court of Appeals for Illinois Territory shall 
have full power and jurisdiction over all the 
books, papers, records and proceedings of the 
late General Court formerly held at Kaskaskia 
and it shall be the duty of the Clerk of the 
court of Appeals for Illinois territory to de- 
mand of the late Clerk of the said 
General Court, all the said books, papers, 
and proceedings of said court at Kaskas- 
kia which said books, papers records, and 



51 



proceedings shall be deposited in the office of 
the said court of Appeals and be by him kept 
as papers of his office and all copies thereof 
shall be certified by him. 

Sec. 5. Be it further enacted, That all the 
books, papers, records and proceedings of the 
late General Couri held at Oahokia shall be de- 
livered by the late Qlerk of the General Court 
or his deputy at that place to the clerk of the 
circuit court for St. OfcaSr .tjpunty and be by 
him kept as papers of his office and all copies 
thereof shall be certified by him/ . v * c 

Sec. 6. Be it further enacted, .That it shall 
be lawful for the clerk of the court of Appeals 
for Illinois territory to issue execution tfpou 
any judgment rendered by the General Court- 
at Kaskaskia or replevin Bond, upon which the; 
party was entitled to execution on the 31st 
day of December 1814 or upon any replevin 
bond taken according to law upon any execu- 
tion from the said General Court holden at 
Kaskaskia which shall have been taken by 
any Sheriff, before or after that day — 
and becomes due since that day and the 
Clerk of the circuit court of St. Clair county 
may in like manner issue execution upon 
judgments rendered by the said General Court 
at Cahokia and upon replevin bonds, which 
said executions shall be executed and returned 
in the respective Clerks offices as other execu- 
tions are now directed by lriw to be executed 
and returned, and the several Clerks of the 
circuit courts shall have authority to issue ex- 
ecution in like manner upon judgments ren- 



- *• • • 

• • • 
• • • 



52 



dered by courts of Common Pleas in the res- 
pective counties, and on replevin bonds, which 
executions shall be executed and returned to 
the respective clerks offices from whence they 
issued. 

Sec. 7. Be it further enacted, That all ex- 
ecutions which may be i^ued out of the 
court of Appeals for Illinois territory and cir- 
cuit courts shall be •■ executed and be made 
returnable according 'to law, and the clerk of 
the said court o? A ppeals shall keep his office in 
the town o£ Kfeskkskia, and the clerks of the 
circuit courts "shall hold their offices at the 
cour^hpuses of the respective counties. 

•S£c**;«& Be it further enacted, That the 
•.SH^riffs of the several Counties shall execute 
'ftncl return to the several circuit courts and to 
the court of Appeals aforesaid all process what- 
soever in the same manner as was directed by 
law on the 31st day of December 1814 to the 
courts of Common Pleas and General Court, 
and they shall receive the same fees for their 
services as was then allowed by law in the last 
mentioned courts and they shall generally per- 
form the same duties so far as the same can 
be consistently applied, that by law was then 
required and directed in the courts of Com- 
mon Pleas and General Court and subuject to 
the same penalties for failure: 

Sec. 9. Be it further enacted. That the 
court of Appeals and circuit couts aforesaid 
shall have power to punish all contempts to 
them offered, and inflict the same punishment 
and fines as in similar cases, the courts of com- 



53 



mon pleas were authorised to do by law on the 
31st day of December 1814. 

Sec. 10. Be it further enacted, Th^t all 
fines, amercements and forfeitures which shall 
hereafter be assessed by any circuit court shall 
be for the use of the county in which such 
fine amercement or forfeiture shall be assessed, 
and shall be when collected paid into the coun- 
ty Treasury — And all fines, forfeitures and 
amercements which shall be assessed in the 
courts of Appeals for Illinois Territory, shall 
be paid into the Territorial Ttreasury. And 
it shall be the duty of the Territorial Auditor 
to superintend the collection of the fines, for- 
feitures and amercements payable to the Ter- 
ritory; and for that purpose shall examine the 
clerks office of the couts of Appeals annually 
to see what fines, amercements and forfeitures 
have been assessed therein and cause them to 
be accounted for. — And the respective county 
Treasurers shall perform the same duties in 
their respective counties as are required of the 
Territorial Auditor all of which said fines, 
forfeitures and amercements shall be paid and 
accounted for on the first day of Dec. annually. 

Sec. 11. Be it further enacted, That in all 
cases where it may have been the duty of 
any sheriff, clerk or collector of any public mo- 
ney to have made collections and have settled 
with proper authority and he or they shall have 
failed to have done so, or shall hereafter fail so 
to do, and there shall appear to be any defect 
in the bond given by said officer or other pro- 
ceeding sufficient to exempt from liability the 



54 



security of said officer or to defeat the ordinary 
proceedings against himself, the circuit court 
shall have power to compel such person 
whether in or out of office, who has collected 
or ought to have done so, to exhibit upon 
oath a full and fair statement of all monies by 
him collected and a list of all persons as far as 
it may be practicable to obtain the same of 
whom such person had a right to collect and 
who had failed to pay him accordingly, and 
the court upon hearing the whole case without 
regard to form, shall have power to give Judg- 
ment for such sums of money which such 
person or persons as aforesaid ought to be lia- 
ble to pay according to the true spirit of the 
laws and the principles of equity. Provided 
however that in all motions against public 
debtors the defendants shall have ten days no- 
tice of the time and place when and where the 
motion to the court will be made against them 
This act to be in force from the passage thereof 

RISDON MOORE 
Speaker of the House of Representatives, 

PIERRE MENARD 
President of the Council. 
Approved Jan. 9, 1816. 

Ninian Edwards. 



00 



AN ACT 

Amendatory to the Law concerning Dunkards 

and Quakers. 
Whereas an act passed December 1st 1813 
for the relief of Dunkards and Quakers ex- 
empting them from militia duty by their 
paying a sum annually .to the Sheriff of the 
County where they reside, and whereas by 
the aforesaid recited act it is to be appro- 
priated to the use of the county. 
BE it enacted by the Legislative council 
and House of Representatives and it is 
hereby enacted by the authority of the same, 
That so much of the above recited act as make 
the said sum paid by Dunkards and Quakers 
for their exemption from militia duty a county 
tax shall be and the same is hereby repealed 
and hereafter it shall be a territorial tax, sub- 
ject to the same rules and regulations that all 
other Territorial taxes are. This act tobe in 
force from and after its passage. 

RISDON MOORE. 
Speaker of the House of .Representatives, 

PIERRE MENARD, 
President of the Council. 
Approved Jany. 9, 1816. 

Ninian Edwards. 



56 



AN ACT 
To compel the citizens of this territory to af- 
ford legal assistance to certain officers in 
the due execution of their offices. 

BE it enacted by the Legislative Council 
and House of Representatives and it is 
hereby enacted by the authority of the same, 
That whenever any Judge, Justice of the peace 
Sheriff Coroner or Constable, shall lawfully call 
upon any person to aid and assist in the law- 
ful execution of their duties of any such of- 
fice as aforesaid ; and if any suchperson so cal- 
ed upon, shall fail or refuse to assist accord- 
ingly he shall be liable to a fine of $ 15 tb be 
recovered before a Justice, of the peace & to 
be paid by the officer collecting the same, into 
the hands of the county treasurer, who shall 
apply it in the aid of the county levy and 
account for the same, as he is required to ac- 
count for any other sum of money that may 
come into his hands. 

RISDON MOORE 
Speaker of the House of Representatives, 

PIERRE MENARD 
President of the Council, 
Approved Jan. 9, 1816. 

jVinian Edwards. 



57 



AN ACT 
Supplementary to the several laws for levying 

and collecting a tax on land 
Sec. 1. T^E it enacted by the Legislative 
D Council and House of Represen- 
tatives of the Illinois Territory and it is here- 
by enacted by the authority of the same, That 
all non-resident Land claimants shall enter 
their lands for taxation with the Auditor of 
public accounts at his office on or before the 
first day of August next agreeably to the form 
herein after directed and expressed; and it 
shall moreover be the duty of all non-resident 
land claimants when any transfer or other alter- 
ation shall be made by them at any time after 
the said first day of August next in any of their 
lands or any purchase, gift, or grant thereof 
to or from any non-resident claimant to notify 
any such alteration, Gift or Grant to the Au- 
ditor of public accounts and it shall be the du- 
ty of the Auditor to note the same in his 
Book of non-residents lands and to make the 
required alteration in the next annual list. 

Sec. 2 Be it it further enacted, That in 
case any non-resident shall fail or refuse to 
make an entry or entries as provided in the 
foregoing section or shall fail or refuse to per- 
form any of the provisions therein contained it 
shall and may be lawful for the Auditor to list 
such non-reridents land from the best informa- 
tion he can get and such list made by the 
audi tot and all sales made of such lands so lis- 
ted shall be effectuate and valid and be provi- 
ded or in the same way as if the same had 



58 



been made by any such non-resident land 
claimant. 

Sec. 3. Be it further enacted, That the 
form of the lists, of non-residents land claim- 
ants shall be in the following manner and the 
lists of all county commissioners hereafter to 
be made of land subject to taxation shall be in 
the following manner or as nearly so as the 
circumstance will permit, (viz.) 



59 



53 fc ST 
s o 



^ a> 

P - ET o 

5 ° B 

QD 



o 
o 




o 



P 

P 



p P - O 



o d 



QD p - i-i. 
© P 



p 3 2 
& p- ^ 

— £. 2 

£' P^ O 

CD ^ r- 

™ £ s 



60 



(d *■* r 






s 

p 



p 
B 

a> 



B o 

r *t # 



P 
o 



I— <• 

CD H— • 



P> P M 

2 p p 

§ B * 

CD <D <i 

Q- ZI p- 

P CD 



B 



- P^ p p 

et- CD -« 

P 

QQ O C 
W hi 

I 



o 

QQ 
CD 



P 
O 

i— <• 

o 
p 



O ,Q D- fc* 



o 
p 



° © r* 

e-h- /^ DO 

5* & 

p 5' 



p ° 

QD O 
P - f-b 



>d 



oSlIBI JO O^J 




'siop 



•sp 



61 



Sec. 4. And be it further enacted, That 
it shall be the duty of the Auditor to 
cause to be published eight weeks in some 
news-paper printed in this territory, and in 
some public news-paper published at the seat 
of the general government, requiring all non-res- 
ident land claiments to enter their lands for 
taxation according to the provisions contained 
in this act, and the several laws to which this 
is a supplement; and he shall draw a warrant 
or warrants on the treasury for the expense of 
the same. 

RISDON MOORE, 
Speaker of the House of Representatives. 

PIERRE MENARD. 
President of the Council . 
Approved, Jan. 9th 1816. 

NINIAN EDWARDS. 
F 



62 



AN ACT to erect a neiv county out of the 
counties of Randolph and Johnson. 

Sec. 2. Be it enacted by the legislative 
Council and House of Representatives of the 
Illinois Territoay, and It is hereby enacted by 
the authority of the same, That all thaj: part of 
the counties of Randolph and Johnson includ- 
ed within the following bounds to wit: Be- 
ginning at the mouth of Big Muddy river and 
running up the same to the township line be- 
tween ten and eleven ; thence east with said line 
to the principal meridian line running from the 
mouth of the Ohio river; thence north with the 
meridian line thirty miles; thence west twenty 
four miles to the corner of range between four 
and five west of the principal meridian line; 

i 

thence south six miles to the township corner 
between six and seven; thence to the head wa- 
ters of the creek called Gagnic, and down it to 
the Mississippi; thence down the Mississippi 
to the beginning, shall be a separate and dis- 
tinct county and called and known by the 
name of Jackson. And for the purpose of fix- 
ing the permanent seat of justice for the said 
county, the following persons are appointed 
commissioners, Robert Cox, William Booii, 
Zephna Brooks, Jesse Grriggs and James Gill, 
which said commissioners, or a majority of 
them after having been duly sworn before some 
judge or justice of the peace in this territory 
to faithfully take into consideration the situa- 
tion of the settlements, the interest of the peo- 



63 



pie and the eligibility of the place, shall meet 
on the first Monday of April next at the house 
of Nathan Davis, on Big ilfuddy, and proceed 
to examine and determine on the place for the 
seat of justice and designate the same; Pro- 
vided, the owner or owners of the land will 
give to the county for the purpose of erecting 
public buildings, a parcel of land at the said 
place not less than twenty acres, and laid off 
in lots and sold for the above purpose; but 
should said owner or owners refuse to make 
said donation aforesaid, then and in that case 
it shall be the duty of the commissioners to 
fix upon some other place for the seat of jus- 
tice, as convenient as may be to the different 
settlements in said county, which place when 
so fixed upon by the said commissioners, they 
shall certify under their hands and seals and re- 
turn the same to the next county court in the 
county; and as a compensation for said servi- 
ces, they shall each be allowed two dollars for 
every day they may be necessarily employed 
in fixing the aforesaid seat of justice to be paid 
out of the county levy, which said court shall 
cause an entry thereof to be made on their re- 
cords; and until the public buildings shall be 
fixed the court shall be holden at the house of 
Nathan Davis, on Big ilfuddy river. 

Sec. 2. Be it further enacted, That the said 
county of Jackson is allowed one representa- 
tive in the House of Representatives in this 
territory, who shall be elected agreeably to 
law, and shall be entitled to all the powers, li- 



64 



berties, privileges and immunities allowed by 
law to other members of the House of Repre- 
sentatives. 

Sec. 3. Be it further enacted, That hereaf- 
ter the counties of Randolph and Jackson, and 
that part of ifcfonroe county which lies within 
those bounds which previous to the erection of 
said .Monroe county made a part of Randolph, 
shall compose one district for the purpose of 
electing a member to the Legislative council, 
and the citizens of said county shall be entitled 
at any election for a member to the Legislative 
council to represent said district, to proceed to 
vote for such member; and it shall further be 
the duty of the Sheriff of Jackson within ten 
days after the close of the said election to at- 
tend at the court house of Randolph county, 
with a statement of the votes, and the sheriff 
of Randolph county shall attend at the same 
time and place with the votes of his county to 
compare the poles of the respective counties, 
and join with the sheriffs of Jackson and Jibn- 
roe counties in making out and delivering to 
the person elected a certificate of his election; 
and for a failure thereof they shall forfeit and 
pay the sum of one hundred dollars each, to 
the use of the territory to be recovered by 
motion of the prosecuting attorney before any 
court having competent jurisdiction thereof. 

Sec. 4. And be it further enacted, That the 
citizens of the said county of Jackson shall be 
entitled in all respects to the same previleges 
in the election of a delegate to congress, that 



65 



are allowed to the citizens of .any other county; 
and all elections are to be conducted at the 
same time and in the same manner as are pre- 
scribed by law. This act to commence and 
be in force from and after the first day of April 
next. 

RISDON MOORE, 
Speaker of the House of Representatives. 
PIERRE MENARD, 

President of the Council. 
Approved, January 10, 1816. 

NINIAN ED WARDS. 



AN ACT respecting the recording of proceed- 
ings in law suits. 

Be it enacted by the Legislative Council and 
House of Representatives of the Illinois Ter- 
ritory, That any law now in force requiring the 
clerk or clerks of any court in this territory, 
to make out a complete record of the proceed- 
ings and papers filed in any suit except when 
the title of land may come in question, be, 
and the same is hereby repealed; and if any 
clerk shall hereafter make out a complete re- 
cord at the request of one of the parties liti- 
gant, he shall be entitled to the same compen- 
sation from the party requesting the same, as 
was allowed by law heretofore. This act to 
—5 



66 



commence and be in force from and after the. 
passage thereof. 

RISDON MOORE, 
Speaker of the House of Representatives. 
PIRRE MENARD, 

President of the Council, 
Approved, January 10, 1816. 

N INI AN EDWARDS. 



AN ACT to erect a new county out of the 
counties of Gallatin and Johnson. 

Sec. 1. 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 situate and lying within the following 
bounds, to-wit: Beginning on the Ohio river 
where the meridian line leaves it that divide 
ranges number three and four, east of the third 
principal meridian; thence north to the town- 
ship line, dividing township ten and eleven 
south; thence east eighteen miles; thence to 
that point on the Ohio where the line dividing 
range eight and nine leaves it; thence down 
the same to the beginning, shall constitute a 
separate county, to be called and known by the 
name of Pope: and for the purpose of fixing 
the permanent seat of justice for the said coun- 
ty, the following persons shall be and hereby 
are appointed commissioners, viz: Samuel 



67 



Omelvany, Benom Lee, John Reed, James N. 
Fox and Jstmes Titsworth, which said commis- 
sioners or a majority of them being first duly 
sworn before some judge or justice of the 
peace in this territory, to faithfully take into 
view the situation of the settlements, the geo- 
graphy of the countty, the convenience of the 
people, and the eligibility of the place, shall 
meet on the first Monday in April next, at the 
house of Thomas Ferguson, on the Ohio river, 
and proceed to examine and determine on the 
place for the permanent seat of justice and de- 
signate the same: Provided, the proprietor or 
proprietors of the land shall give to the said 
county for the purpose of ereeting public build- 
ings, a quantity of land at the said place, not 
less than twenty acres, to be laid off in lots 
and sold for the above purpose. But should 
said proprietor or proprietors refuse or neglect 
to make the donation aforesaid, then and in that 
case, it shall be the duty of the commissioners 
to fix upon some other place for the seat of 
justice as convenient as may be to the different 
settlements in said county; which place so fix- 
ed and determined on, the said commissioners 
shall certify under their hands and seals, and 
return the same to the next. county court in the 
county aforesaid; and as a compensation for 
their services they shall each be allowed two 
dollars for every day they may be necessarily 
employed in fixing the aforesaid seat of justice, 
to be paid out of the county levy, which said 
court shall cause an entry thereof to be made 



68 



on their records; and until the public build- 
ings shall be fixed, the court shall be holdon 
at the house of Thomas Ferguson, on the Ohio 
river. 

Sec. 2. Be it further enacted, That it shall 
any may be lawful for the governor of this ter- 
ritory immediately to constitute the militia 
within the county thus laid off into one regi- 
ment; the commanding officer shall have the 
same power to order out the militia as is now 
possessed by the lieutenant colonels of the re- 
spective jregiments. 

Sec. 3. Be it further enacted, That the said 
county of Pope is hereby allowed one repre- 
sentative in the house of representatives of 
this territory, who shall be elected agreeably to 
law, and be entitled to all the immunities, pow- 
ers and privileges prescribed by law to the 
members of the house of representatives. 

Sec. 4. Be it further enacted, That the 
counties of Johnson and Pope shall compose 
one district for the purpose of electing a mem- 
ber to the legislative council, and the citizens 
of said county entitled to vote, may at any 
election for 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 sheriff of the said county of Pope, 
within ten days after the close of said election, 
to attend at the court house of the county of 
Johnson with a statement of the votes, and the 
sheriff of Johnson county shall attend at the 
same time and place with the votes of his 



69 



county to compare the polls of the respective 
counties, and to join with the sheriff of Pope 
in making out and delivering to the person 
duly elected, a certificate thereof; and for a 
failure thereof they shall forfeit and pay the 
sum of one hundred dollars each, to the use of 
the territory, to be recovered by motion of the 
prosecuting attorney before any court having 
competent jurisdiction thereof. 

Sec. 5. Be it further enacted, That the ci- 
tizens of the said county of Pope, are hereby 
entitled in all respects, to the same rights and 
privileges in the election of a delegate to con- 
gress, as well as for a member of the house of 
representatives of the territory that are allowed 
by law to other counties of this territory, and 
ail elections are to be conducted at the same 
times and in the same manner as are prescri- 
bed bv law for other counties. And whereas 
the county of Gallatin at present is allowed to 
two members in the house of representatives, 
in future, it shall only be entitled to one. This 
act to take effect from and after the first day of 
April next. 

RISDON MOORE, 
Speaker of the House of Representatives. 
PIRRE MENARD, 

President of the Council. 
Approved, January 10, 1816. 

NINIAN EDWARDS. 



70 



AN ACT concerning the title papers to land 
deposited with the receiver of public monies 
for the district of Kaskaskia. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives of the 
Illinois Territory, and it is hereby enacted by 
he authority of the same, That all copies of 
deeds or other conveyances of land, which 
have been deposited in the office of, and which 
shall be certified by the receiver of public 
monies for the district of Kaskaskia, where the 
originals have not heretofore been recorded, 
may be recorded in any recorders office of this 
territory and such record shall be as valid in 
law as if the original deed or conveyance had 
been adduced to the recorder to be recorded. 

Sec. 2. Be it further enacted, That all co- 
pies of deeds or other conveyances aforesaid 
shall be recorded within two years from the 
date of the passage of this act, and the receiv- 
er shall be entitled for transcribing any such 
deed or conveyance the like fees as are allowed 
to the recorders of the several counties in this 
territory, and for endorsing his certificate to 
any such copy twenty-five cents, to be paid 
by the applicant at the time of delivering the 



71 



copy. This act to take effect from and after 
the passage thereof. 

RISDON MOORE, 
Speaker of the House of Representatives. 
PIERRE MENARD, 

President of the Council 
Approved, January 10, 1816. 

N INI AN EDWARDS. 



AN ACT to authorise the Governor to issue 
commissions to all officers civil and military 
in the new counties, erected at the present 
session of the Legislature. 

Be it enacted by the Legislative Council and 
House of Representatives of the Illinois Ter- 
ritory, That the Governor be, and is hereby 
authorised and empowered to issue all com- 
missions for officers both civil and military, 
in the new counties erected at the present ses- 
sion of the Legislature, and the officers so ap- 
pointed shall, so soon as the laws erecting said 
counties respectively shall be in force, exer- 
cise all the powers and perform all the duties 
in said counties, as other officers of the same 
description now exercise in this territory, but 
until the said laws shall be in force, the said 
officers shall exercise no powers, nor be re- 
quired to perform any duties under the com- 
missions issued by virtue of this act; and 



72 



the judges commissions of the county courts 
in said new counties shall take effeet, and hold 
good for the term of three years, commencing 
with the operation of the laws establishing said 
new counties respectively, under the same re- 
restrictions as are specified in the act increasing 
the jurisdiction of the county courts. 

RISDON JfOORE, 
Speaker of the House of Representatives. 
PIERRE MENARD, 

President of the Council. 
Approved, January 10, 1816. 

NINIAN EDWARDS. 



AN ACT concerning the duties and fees of the 
clerk of the court of appeals for Illinois Ter- 
ritory. 

Be it enacted by the Legislative Council 
and House of Representatives of the Illinois 
Territory, and it is hereby enacted by the au- 
thority of the same, That the clerk of the court 
of appeals for Illinois terrritory shall perform 
the same duties in similar cases and be enti- 
tled to the same fees as the clerk of the gen- 
eral court was required to perform and allowed 
to receive by law on the thirty first day of 
December eighteen hundred and fourteen, and 
he shall have the same mode of recovering his 



J 



71 



fees as the said clerk of the general court had 
on the day aforesaid. 

RISDON MOORE, 
Speaker of the House of .Representatives, 

PIERRE ilfENARD, 
President of the Council. 
Approved, January 11, 1816. 

NINIAN EDWARDS. 



AN ACT concerning District Attorneys. 

Be it enacted by the Legislative Council 
and House of Representatives of the Illinois 
Territory, and it is hereby enacted by the au- 
thority of the same, That the new counties of 
Pope and White, so soon as the laws erecting 
those counties shall take effect shall be added 
to and make a part of the district heretofore 
composed of the counties of Johnson, Gallatin 

• 

and Edwards; and that the new counties of 
Monroe and Jackson, so soon as the laws erect- 
ing those new counties shall take effect, shall 
be added to and make a part of the district 
heretofore composed of the counties of Madi- 
son, St. -Clair and Randolph; and it shall be the 
duty of the district attornies appointed to pro- 
secute in the districts aforesaid, to prosecute in 
all cases according to law that may arise with 

G 



72 



in any new county hereby attached to their 
districts respectively. 

RISDON MOORE, 
Speaker of the House of Representatives. 
PIERRE MENARD, 

President of the Council 
Approved, January 11, 1816. 

NINIAN EDWARDS. 



AN ACT to amend an act entitled, "an act 
supplemental to an act entitled, "an act to 
amend the militia law of this Territory." 

Be it enacted by the Legislative Council 
and House of Representatives of the Illinois 
Territory, and it is hereby enacted by the au- 
thority of the same, That the provisions con- 
tained in the first section of an act entitled, 
"An act supplemental to an act entitled, an 
act to amend the militia law of this territory, 
shall be and the same is hereby repealed. 

RISDON MOORE, 
Speaker of the House of Representatives, 

PIERRE itfENARD, 

President of the Council. 
Approved, January 11, 1816. 

NINIAN EDWARDS, 



73 



AN ACT making appropriation for the year 
1816, and for other purposes. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives of the 
Illinois Territory, and it is hereby enacted by 
the authority os the Same, That the sum of one 
hundred dollars is hereby appropriatud to de- 
fray contingent expenses for the year one thou- 
sand eight hundred and sixteen, and that all 
monies which may be received into the terri- 
torial treasury during the present year, except 
as above appropriated for contingent expen- 
ses, shall be a general fund for all monies al- 
lowed by law. The said sum of hundred 
dollars allowed for contingent expenses shall 
be subject to the orders of the Governor on 
the Auditor for the payment of expenses and 
allowances which may be necessary, and un- 
forseen and unprovided for by the legislature 
and for distributing the laws ; a statement of 
which shall be laid by the governor and auditor 
before the legislature at its next session. 

Sec. 2. Be it further enacted, That there 
shall be paid out of the territorial treasury on 
the warrant of the auditor to each member of 
the Legislative Council and house of Repre- 
sentatives, the sum of three dollars per day 
for each days attendance at the present session 
of the legislature, and at the rate of three dol- 
lars for every twenty miles travel to and 
from the seat of government to their places of 



74 



residence by the most usual road. To the 
secretary of the legislative council for his ser- 
vices at the present session, the sum of three 
dollars and fifty cents per day ; and to the 
clerk of the House of Representatives for his 
services at the present session, the sum of three 
dollars and fifty cents per day; and to the en- 
grossing and enrolling clerk; the sum of three 
dollars and fifty cents per day; and to the door 
keeper of both houses the sum of two dollars 
per day for every days attendance at the pre- 
sent session. 

Sep. 3. Be it further enacted, That the 
compensation which may be due to the mem- 
bers and officers of the legislative council shall 
be certified by the secretary thereof, and the 
secretary's by the president thereof; and those 
that may be due to the members and officers 
of the House of Representatives including the 
engrossing and enrolling clerk and door-keep- 
er shall be certified by the clerk, and the 
clerk's by the speaker, which certificate shall 
be sufficient evidence to the auditor of the 
claim, and he shall thereupon issue to such 
person so entitled a warrant or warrants on 
the territorial treasury for the amount of his 
certificate, which warrant as well as all other 
warrants shall draw interest from the date there- 
of until paid at the treasury. 

Sec. 4. Be it further enacted, That the folow- 
ing shall continue for one year commencing 
on the first day of January, one thousand eight 



75 



hundred and sixteen, to be the salaries of 
certain officer as follows, viz. For the two 
prosecuting attornie's, one hundred and fifty 
dollars each. To the auditor of public ac- 
counts, the sum of three hundred dollars ; for 
the territorial treasurer, the sum of two 
hundred dollars. To the adjutant general one 
hundred dollars. 

Sec. 5. Be it further enacted, That there 
shall be allowed and paid out of the general 
fund to the following persons the following 
sums of money, viz. To William Bennett, 
for house room and fire- wood during the pre- 
sent session, two dollars per day. To William 
Arrundel, for stationary furnished at the pre- 
sent session nine dollars and twenty-five cents. 
To Matthew Duncan, for printing the judiciary 
memorial three dollars. To Hugh H. .Max- 
well, auditor of public accounts for furnishing 
a copy of certain abstracts to the several coun- 
ty treasuries of the territory and other services, 
the sum of twenty-nine dollars and seventy- 
five cents. To Thomas Sloo, for a transcript 
of sales of land in the Shawneetown district 
furnished the auditor of public accounts, the 
sum of thirty dollars. To Michael Jones, for 
the like services to that of Mr. Sloo, one hun- 
dred dollars. To William C. Greenup, clerk 
to the court of appeals for a book of records 
for his office, seventeen dollars. To Robert 
Morrison, for books furnisned his office while 
clerk to the late general court, the sum of 



76 



thirty three dollars. To Pierre Menard, for 
paper furnished the legislature, the sum of 
four dollars To William B. Whitesides, for 
five days service as adjutant pro-tem. at two 
dollars per day by order of colonel Judy, ten 
dollars. 

RISDON MOORE, 
Speaker of the House of Representatives, 

PIERRE MENARD. 
President of the Council. 
Approved, Jan. 11, 1816. 

NINIAN EDWARDS. 



AN ACT declaring to whom the redemption 
money for lands sold for taxes shall be paid. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives of the 
Illinois Territory, That the clerks of the se- 
veral county courts respectively, shall hereafter 
receive the redemption money for lands sold 
for the taxes, in like manner and subject to 
the like rules and regulations as were prescrib- 
ed to the clerks of the courts of common pleas, 
by the laws in force on the twenty-first day of 
December, 1814: Provided, however, That 
no such clerk shall either directly or indirect- 
ly bid for or be concerned in any bid for, or 
in the purchase of any tract of land sold for 
taxes, till after the period of redemption shall 



77 



have elapsed. And any clerk being either di- 
rectly or indirectly concerned in any purchase 
contrary to this act, shall be deemed guilty of a 
high misdemeanor; and all such purchases 
made contrary to the intention of this act, 
shall be absolutely null and void to all intents 
and purposes whatever. 

Sec. 2. Be it further enacted, That no she- 
riff of any county, shall be at liberty to be- 
come a bidder for any land sold for taxes in 
the county in which he resides, under the same 
circumstances, and under the same penalties 
as are prescribed in the first section of this 
act. This act to take effect from and after the 
passage thereof. 

RISDOM MOORE, 
Speaker of the House of Representatives. 

PIRRE MENARD, 

President of the Council. 
Approved, January 11, 1816. 

NINIAN EDWARDS. 



AN ACT to suppress the counterfeiting of 

bank notes. 

Sec. 1. 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 
within this territory shall falsely make, alter, 
forge or counterfeit, or cause or procure to be 



I \ 



78 



falsely made, altered, forged or counterfeited 
any bill or note for the payment of money 
which shall on the face thereof purport to be 
the note of any bank within any one of the 
United States, or any one of their territories, 
whether such bank be or be not in existence 
at the time that such note shall be so falsely 
made, altered, forged or counterfeited, every 
such person, whether he shall pass or attempt 
to pass such false, altered, forged or counter- 
feit note, so purporting as aforesaid or not, 
shall be deemed and adjudged guilty of felony; 
and being thereof convicted according to the 
due course of law, shall suffer death by hang- 
ing, without benefit of clergy. 

Sec. 2. Be it further enacted, That if any 
person within this territory shall manufacture or 
cause or procure to be manufactured, or shall 
bring into the territory, or dispose of any pa- 
per resembling that on which bank notes are 
usually issued, with intent that the same shall 
be used for the purpose of making any false, 
forged or counterfeit note, every such person 
shall be deemed and adjudged guilty pf felony; 
and being thereof legally convicted, shall suf- 
fer death, without the benefit of clergy, 

Sec. 3. Be it further enacted, That if any 
person within this territory shall make, or 
cause or procure to be made, or shall aid or 
assist in making any plate, or shall make or 
cause or procure to be made, or shall aid or 
assist in making of any engraving, or shall 



79 



bring into the territory, or dispose of any plate 
or engraving, with ioteiit that the same shall 
be used for the purpose of making any false, 
forged or counterfeit note, every such person 
shall be deemed and adjudged guilty of felo- 
ny; and being thereof legally convicted, shall 
suffer death, without benefit of clergy. 

Sec. 4. Be it further enacted, That if any 
person within this territory shall utter, or pub- 
lish as true, or shall pass or attempt to pass as 
good and genuine, any false, altered, forged, 
counterfeit bill or note, for the payment of mo- 
nies, purporting to be the bill or note of any 
bank within one of the United States, or any 
one of their territories, whether such bank be 
or be not in existence at the time, with intent 
to defraud, and knowing the same to be false, 
altered, forged or counterfeited, every such 
person shall be deemed and adjudged guilty 
of felony; and baing thereof legally convicted, 
shall be sentenced to pay a fine of four fold the 
amount of such note or bill as aforesaid, and 
to receive not less than thirty-nine lashes well 
laid on, on his bare back; and shall moreover 
be deemed infamous, and be held incapable of 
holding any office, or of giving testimony in 
any case whatever. 

tfec. 5. Be it further enacted, That if any 
person within this territory shall aid or assist 
any other person, in uttering or publishing as 
true, or in passing or attempting to pass as 
good and genuine,. or shall conspire with one 

—6 



80 



or more persons, to pass any false, altered, for- 
ged or counterfeited note or bill as aforesaid, 
with intent to defraud, knowing the same to be 
false, altered, forged or counterfeited, every 
such person shall be deemed and adjudged 
guilty of felony; and being thereof legally con- 
victed, shall be sentenced to pay a fine of fore- 
fold the amount of such note or notes, bill or 
bills as aforesaid, and shall receive thirty-nine 
lashes well laid on, or his bare back; and shall 
moreover be deemed infamous, and be held 
incapable of holding any office, or giving tes- 
timony in any case whatever. 

Sec. 6. Be it further enacted, That if any 
person within this territory shall attempt to se- 
duce any other person into or engage him in 
any unlawful attempt or attempts, conspiracy 
or conspiracies to utter and publish as true, or 
to pass as good and genuine any such false, 
altered, forged or counterfeit note or bill as a- 
foresaid, every such person so offending, and 
being thereof legally convicted, shall be sen- 
tenced to pay a fine of five hundred dollars, 
and to receive thirty nine lashes well laid on, 
on his bare back. 

Sec. 7. Be it further enacted, That if any 
person within this territory, shall actually se- 
crete, with intent to conceal any money- 
moulds, any plate or engraving suitable for 
making such false, altered, forged or counter- 
feit notes or bills as aforesaid, or shall keep in 
his possession for the space of one month 



81 



without giving notice thereof to some judge 
or justice of the peace, any moulds suitable 
for making counterfeit money, or any such 
plates or engravings as aforesaid; every such 
person being thereof legally convicted, shall 
be sentenced to pay a fine of five hundred dol- 
lars, and to receive thirty nine lashes well laid 
on, on his bare back. 

Sec. 8. Be it further enacted, That if any 
person who shall be sentenced to pay any fine . 
imposed by this act, shall be unable or fail or 
refuse to pay the same, every such person shall 
be committed to jail, there to be safely kept in 
the apartment provided for criminals till the 
next term succeeding that at which he was 
convicted, unless the fine shall be sooner paid; 
in which case he shall be immediately dischar- 
ged; but if the fine shall not be paid on the first 
day of the term succeeding his conviction, he 
shall still remain in safe keeping as aforesaid, 
and it shall be the duty of the court to enter up 
an order on their records directing the sheriff 
of the county to sell the said offender for the 
term of seven years, first having given three 
weeks previous notice of the time and place 
when and where said offender shall be offered 
for sale; and it shall be the duty of such sheriff 
to sell the said offender accordingly for rea- 
dy money to the highest bidder, and the pro- 
ceeds of such sale shall be applied to the pay- 
ment of the prison dues or fees, which may 
have been created by the detention and con- 



82 



finement of the said offender, and the ballance 
shall be accounted for by said sheriff as he is 
now bound by law to account for other fines 
collected by him of a like nature. 

Sec. 9. Be it f urthe enacted, That if any 
person shall be sold for the cause and in the 
manner prescribed by the last section, and 
such person shall run away or absent himself 
from the service of his master or owner with- 
out the consent of said master or owner, it 
shall be lawful for any county court or other 
court of common law, upon motion to them 
made for that purpose to hear the complaint of 
said master or owner; and if upon the hearing 
thereof the said court shall be satisfied by le- 
gal testimony, that the person so sold as afore- 
said did runaway or absent himself from the 
service of his master without leave, it shall be 
the duty, of such court to enter up a judgment 
that such person for running away or absent- 
ing himself as aforesaid shall serve his said 
master an additional term consisting of dou- 
ble the length of time that such person was 
runaway or had absented himself from the 
service of his said master or owner. 

RISDON MOORE, 
Speaker of the House of Representatives. 
PIERRE MENARD, 

President of the Council 
Approved, January 11, 1816. 

N INI AN EDWARDS. 



RESOLUTIONS. 



WHEREAS, This legislature is informed 
that the register and receiver of the land of- 
fice, for the district of Kaskaskia, are required 
to designate a township of land allotted to this 
Territory, by an act of congress for the bene- 
fit of a seminary of learning, and as the duties of 
those officers will not admit of their absence 
from their offices a sufficient length of time to 
enable them to make the most advantageous 
and beneficial selection ; Therefore be it 

RESOLVED by the Legislative Council 
and House of Representatives of the Illinois 
Territory, That the said register and receiver 
aforesaid be requested to employ one or more 
fit persons acquainted with the situation and 
quality of the unlocated lands in the district, 
to examine and recommend to them one entire 
township, which to them may appear best cal- 
culated to answer the above intention, and such 
person so employed by them on producing 
their certificate to the auditor, shall obtain a 
warrant for the amount they may allow. 

RISDON MOORE, 
Speaker of the House of Representatives 

PIERRE AfENARD, 
President of the Council. 
Approved, Januarv 4, 1816. 

NINIAN EDWARDS 
H 



84 



RESOLVED by the Legislative Council 
and House of Representatives of the Illinois 
Territory, That Nathaniel Pope, and Daniel 
P. Cook, be appointed a committee to super- 
intend the printing of the laws and journals of 
the present session of the legislature, whose 
certificate to the printing of the completion of 
the said printing, shall entitle him to a warrant 
from the auditor for the amount to which he 
may be entitled according to the contract 
made for the said printing; and that the said 
committee of superin tendance shall be entitled 
to the sum of twenty five dollars for furnishing 
a copy of the laws and superintending the 
printing aforesaid, for which they shall receive 
a warrant from the auditor on the completion 
thereof, on the territorial treasury. 

B1SDON MOORE, 
Speaker of the House of Representatives. 

PIERRE MENARD, 

President of the Council. 

Approved, January 11, 1816. 

NINIAX EDWARDS. 



TABLE OF CONTENTS. 



Page. 

AN ACT for the division of Gallatin county 5 

To authorise the county court of Gallatin 
county to grant an additional ferry 
at Shawnoetown, 9 

For the relief of persons who have violated 

the law respecting dueling, 10 

Directing the mode of changing venue, 11 

To amend an act entitled "An act to reg- 
ulate the disposition of water crafts, 
found, gone or going adrift, and of 
estray animals'', 14 

Reforming certain rules of legal constitu- 
tion, 16 

To encourage the killing of wolves, 17 

To amend the law now in ferce, directing 
the mode of summonsing and em- 
panneling grand juries, 19 

Providing for the collection of land tax in 
the counties of Gallatin and Edwards 
for the year 1815, 21 

To provide a compensation for the sheriff 

in the court of appeals, 23 

To amend the act concerning the mili- 
tia, passed the 14th day of Decem- 
ber, 1814, 24 

For forming a new county out of Ran- 
dolph and St. Clair Counties, 25 
For the relief of Hezekiah West treasurer 

of the county of Johnson, 30 



ii TABLE OF CONTENTS. 

Page* 

Increasing the jurisdiction of the county 

court, 32 

For the relief of Julian Bart, 39 

Explaining the jurisdiction of the circuit 

courts and for other purposes, 41 

To amend an act entitled "An Act for 
levying and collecting a tax on Bil- 
liard tables," . 43 

Supplementary to an act entitled " An 

act establishing ferries," 44 

Authorizing the clerks of the several coun- 
ty courts to administer oaths to offi- 
cers commissioned by the govern- 
or, 45 

To amend an act entitled "an act estab- 
lishing courts for the trial of small 
causes," 47 

Concerning the court of appeals for Illi- 
nois Territory and the several cir- 
cuit courts and for other purposes, 48- 

Amendatory to the law concerning Dun- 
cards and Quakers, 55 

To compel the citizens of this territory 
to afford legal assistance to certain 
officers of this territory in the due 
execution of thir offices, 56- 

Supplementary to the several laws for le- 
vying and collecting a tax on land, 57 

To erect a new county out o^ the coun- 
ties of Randolph and Johnson, 62 

Concerning the recording of proceedings 

in law suits, 65 



TABLE OF CONTENTS. iii 

Page. 

To erect a new county out of the counties 
of Gallatin and Johnson, 66 

Concerning the title papers to land depos- 
ited with the receiver of public mo- 
nies for the district of Kaskaskia, 70 

To authorise the Governor to issue com- 
missions to all officers civil and mili- 
tary in the new counties, erected at 
the present session of the Legis- 
lature, 71 

Concerning the dutied and fees of the clerk 
of the court of appeals for Illinois 
Territory, 72 

Concerning district attorneys, on page 
marked 71, so by mistake, 71 

To amend an act entitled " an act to a- 
mend the militia law of this territory 
marked 72, so by mistake, 72 

Making appropriations for the year 1816, 
and for other purposes, 73 

Declaring to whom the redemption mo- 
ney for lands sold for taxes shall be 
paid, 76 

To suppress the counterfeiting of bank 
notes, 77 

Resolutions, A 83-84 



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