Google
This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project
to make the world's books discoverable online.
It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.
Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.
+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liabili^ can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web
at |http: //books .google .com/I
/
I
LAWS
PASSED BY
/
THE LEGISLATIVE COVJ^CIL,
AND
HOUSE OF REPRESENTATIVES,.
OF
ILLINOIS TERRITORY,
AT
TREIE FIFTH SESSION,.
HELD AT
Kaskaskia—1816—'l 7.
"'-'-' ' ■ .' , X - '' "
* • • ^ ' - ^ .^ . . . .' -,,.?,•• , ^ ^ ^
KASKASKIA, I., T.
PRINTED BY CoOK & BlACKWELL,
Printers to the Territory,
1817.
Reprinted by Phillips Brqs., State Printers, 1898-
L 6990
JAN 4 1933
• • •-!
• • ••
•
• •
• ••
«•
••:
•
•
to to
• • <
» •
• •
• •
•
• «
# *
to to to
• • «
• •
• •
•••
• ••
• »
• *•
to *
to to
to to *
• • «
• •
• •
• • •
« • •
• • •
• •
• •
• •
» a
••I
• • ••
to to to
• • • 4
• • <
LAWS
OF
ILLINOIS TERRITORY,
ENACTED IN 1816— '17.
AN ACT to establish thi^ name of the Town now called
" Carthage,\ in the counf^i, of* Monroe, Illinois Terri-
tory. ; ^
BE it enacted by the Legislativj^jCSonncil and House
of Representatives of the Illinois torritgry, and it
is hereby enacted by the authority of the ^b^.e^ that the
town now called " Carthage," in the county cf Mojaroe
and Illinois territory, shall hereafter be known by, ttfe;
name of Harrison ville; and in all public writings anct-
documents, whenever the name of said town shall l;)e
necessary to be mentioned in said county of Monroe, the
name of Harrisonville shall be used.
This act to take effect from and after the passage
thereof.
GEO. FISHER,
Speaker of the House of Representatives,
PIERRE MENARD,
President of the Legislative Council.
Appkoved — December 21, 1816.
NINIAN EDWARDS.
( 4 )
AN A CT to amend an act entitled, " an act to encour-
age the killing of Wolves^'
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 so
much of the act entitled, " an act to encourage the kil-
ling of Wolves, '' as creates a difference in the compen-
sation allowed by said act to every person who shall kill
a wolf not exceeding six months old. and a wolf of six
months old and upwards, shall be, and the same is here-
by repealed.
Sec, 2. Be it further enacted'/ "^at there shall be al-
* • * " •
lowed to any person or perspnS .'JiYlao shall kill any wolf
or wolves conformably^ t6*.f^Je'.provision8 of the above re-
cited act, upon m£iking*ih€J proof required by said recited
act, the sum . off \yrp* ^Collars, for each and every such
wolf, suQ^^'^ertioii or persons shall kill.
SEcr.\^l**vBfe' it further enacted. That this act com-
• ••♦••
.m^ce'And be in force from and after the passage thereof.
SETH GARD,
Speaker of the House of Representatives, pro tempore.
PIERRE MENARD,
President of the Legislative Council
Approved— December 21, 1816.
NINIAN EDWARDS.
• • • •
AN ACT for the relief of the county courts of Edwards
and Oallatin.
WHEREAS, The county courts for the counties of
Edwards and Gallatin, in consequence of a mistake in the
revision and promulgation of the Laws defining their du-
ty in laying county levies in the year eighteen hundred
and fifteen, laid a tax on neat Cattle in said counties: —
For remedy whereof,
BE it enacted by the Legislative Council and HJouse
of Representatives of Illinois territory, and it is
hereby enacted by the authority of the same, that the said
( 5 )
county courts, shall be, and they are hereby exempt from
all accountability to the public, which they might have
incurred in consequence of such levy; and that each and
every individual who has^ paid a tax upon neat cattle in
the year eighteen hundred and fifteen, shall be, and they
are hereby allowed the amount of said tax, to be deduc-
ted from the amount of taxes, which they may be required
to pay for any subsequent year. This act to be in force
from and after its passage.
SETH GARD,
Speaker of the House of Representatives, pro tempore,
PIERRE MENARD,
President of the Legislative Council.
Approved — December 26, 1816.
NINIAN EDWARDS,
AN ACT providing for the alteration and establishment
of the county seat of Justice in Johnson county.
WHEREAS, By reason of the erection of the county
of Jackson out of a part of the county of Johnson, the
present seat of Justice in Johnson county is found incon-
venient to the settled inhabitants of the county, and likely
to be so, to the probable future settlements, which may
be made therein : For remedy whereof,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same. That John
Boman, John C. Smyth, William Smyth, John Weldon,
and William Piles, be and they are hereby appointed
commissioners, who or a majority of them, after being
duly sworn before some judge or justice of the peace in
this territory, to faithfully take into view the situation of
the settlements, the arable lands on which it is likely fu-
ture settlements will be made, the geography of the coun-
try, the convenience of the people, and the eligibility of
the place, shall meet on the first Monday in February
next, at the house of William Piles, esq. and proceed to
( 6 )
examine and determine on the place for the permanent
seat of justice for Johnson county, and designate the same:
Provided the proprietor or proprietors of the land shall
give by a deed of conveyance, to be made to the Judges of
the county court of Johnson and their successors in office,
for the purpose of erecting public buildings, a quantity of
land at the said place, not less than twenty acres, to be
laid out by direction of the county court, into lots and
sold for the benefit of the county, for the purpose of erec-
ting public buildings on such part of the said twenty acres
as the county court may deem proper to reserve for that
purpose. But should the said proprietor or proprietors
refuse or neglect to make the donation aforesaid, then
and in that case, the commissioners may fix on some
other eligible place, as near thereto, as they may deem
consistent with the restrictions aforesaid; which place,
when the commissioners shall have fixed and determined
on the same, they shall certify under their hands and
seals, and return the same to the county court of Johnson
county, who shall cause an entry to be made thereof on
their records.
Sec. 2. Be it further enacted by the authority aforesaid,
That in case the place fixed on by the commissioners
aforesaid, shall happen to be saleable ^ands of the United
States, the said commissioners shall certify the same to
the county court of Johnson county, who shall as soon as
practicable cause the same to be purchased, not exceed-
ing a quarter section of land, and may order the amount
of the instalments of the purchase money, to be paid out
of the county monies as they may deem expedient; which
said land so purchased, shall be laid out into lots, or such
part thereof as the court shall direct from time to time;
and be sold, and the nett proceeds applied to the erection
of public buildings; and refunding the amount of the in-
stalments of the purchase money aforesaid: Provided
however, that in case the tract of public land on which
the commissioners shall fix and designate, should be pur-
chased by any other person or persons before the county
court shall apply for the purchase, the commissioners may
( ^ )
designate, and fix on some other eligible place as above
mentioned.
Sec. 3. Be it further enacted by the authority afore-
said, that the commissioners aforesaid shall receive a com-
pensation of two dollars each, for every day that they may
necessarily be employed in fixing the aforesaid seat of
justice, to be paid out of the county levy, by an order of
the county court, and as soon as the county seat shall be
designated and established as aforesaid; the county court
of Johnson county shall cause the lots to be surveyed
and sold in such manner as they may direct, and when
the amountof purchase money shall be paid by any pur-
chaser or purchasers, the judges either in or out of court,
shall execute to them a deed or deeds of conveyance;
and the said county courts shall, as soon as may be, cause
suitable buildings to be provided for the accommodation
of the several courts, which may be directed to be hol-
deninsaid county, and when the same shall be provi-
ded, the courts for such county shall be holden thereat;
but until the same shall be provided, the courts shall be
held at the present county seat..
Sec. 4. Be it further enacted, That the commission-
ers aforesaid, may meet and adjourn from time to time,
until they shall have completed their bussiness, as herein
provided, after the day fixed on for their first meeting, by
the first section of this act, but unless a majority of them
shall concur and sign the return to the county court, the
same shall not be received and entered of record: Pro-
vided however, that the said commissioners shall not de-
lay making their report longer than six months after their
first meeting. This act to take effect from and after the
passage thereof.
SAMUEL OMELVANY,
Speaker of the House of Representatives, pro tempore,
PIERRE MENARD,
President of the Legislative Council.
Approved — December 26, 1816.
NINIAN EDWARDS.
( 8 )
AN ACT for the relief of Augustin Penceneau and
Adalaide his wife.
WHEREAS Jean F. Perry died possessed of a cer-
tain mill on the creek called Prairie du Pont, in the coun-
ty of St. Clair, and whereas the said mill has descended
by the death of the said Perry to his wife, and surviving
relict Adalaide, who has since intermarried with the afore-
said Augustin Penceneau, and whereas it is considered
doubtful whether said mill is established according to law,
and attempts are now'making to have the same demolish-
ed, and whereas this Legislature is satisfied of the injus-
tice of such attempts and of the anxiety of a large por-
tion of the inhabitants adjacent to the said mill for its re-
maining in full and undisturbed operation:
BE it therefore enacted by the Legislative Council
and House of Representatives of Illinois territory,
and it is hereby enacted by the authority of the same, that
the mill heretofore established and erected on the Prairie
du Pont creek, in the county of St. Clair, and which is
now in the possession of Augustin Pence^eau and Ada-
laide his wife, be, and the same is hereby declared to be
legally established, and shall require no order of any
court or other tribunal, and that this act shall be a bar to
any proceedings now depending, or which may hereafter
be commenced; the object of which shall be either a par-
tial or entire demolition of said mill.
Sec. 2. Be it further enacted. That the said mill
shall be under the same regulations and restrictions as oth-
er mills are, that are duly established by order of any
court having power to establish the same: Provided
however, that nothing in this act contained shall be so
construed as to authorise the said Penceneau to raise the
dam of said mill any higher than it now is, or has here-
( 9 ) .
tofore been. This act to take eflPect from and after the
passage thereof.
SETH GARD,
Speaker of the House of Representatives, pro tempore,
PIERRE MENARD,
President of the legislative Council.
Approved — December 26, 1816.
NINIAN EDWARDS,
AN ACT to prevent attornies at law residing in the state
of Indiana from practicing in the courts in this terri^
tory.
WHEREAS by a law now in force in the state of In-
diana, persons who do not reside therein (although quali-
fied according to the laws of their own state or territory)
are not permitted to practice in the courts of the said
state, and whereas that restriction is illiberal, unjust and
contrary to those principles of liberality and reciprocity
by which each and every state or territor;j^ should be gov-
erned: Therefore,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and i^
is hereby enacted by the authority of the same, that no
person residing in the state of Indiana, shall hereafter be
permitted to practice as counsellor or attorney at law in
any of the courts of this territory.
Sec. 2. And be it further enacted. That if any per-
son residing in the state of Indiana who has heretofore
obtained license, or has been admitted to practice law in
any of the courts of this territory, shall attempt hereafter
to practice in any of the said courts either by marking
his name to any suit on the docket of any such court, fil-
ing his warrant of attorney therein, or in any way attempt-
ing to avail himself of the privileges of attorney of any
such court, he shall be subject to a fine of two hundred
Dollars, to be recovered by any person on motion in the
B
( 10 )
court in which such an attempt to practice shall have
been made; and the said court shall have power on mo-
tion as aforesaid, to enter judgment for the said fine, one
half to the use of the territory and the other to the use of
the person sueing for the same: Provided hotvever, that
if any practicing attorney residing in the said state, has
been retained as council in any case now pending in any
of the courts of this territory, he shall be permitted to ap-
pear in any su3h case, and attend it to its final termina-
tion.
Sec. 3. And be in further enacted, That if any court
in this territory shall knowingly suff'er or permit any per-
son residing in the said state of Indiana, to practice as
counsellor or attorney at law, in any of the courts in this
territory, such court whether it be composed of one or
more judges, shall be liable to pay five hundred Dollars,
which may be recovered by action of debt, qui tarn , in any
court of this territory having competent jurisdiction.
This act shall take effect and be in force from and af-
ter the first day of March next, and shall continue in force
until the laws of the state of Indiana herein before refer-
red to shall be repealed, and no longer.
GEO. FISHER,
Speaker of the House of Representatives,
PIERRE MENARD.
President of the Legislative Council-
Approved, December 21, 1816.
NINIAN EDWARDS.
AN ACT to alter a part of the lines between the couxi-
ties of Gallatin and Pope.
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
line dividing the counties of Gallatin and Pope, as estab-
lished by the act passed at the last session of the general
assembly, entitled an act to erect a new county out of the
counties of Gallatin and Johnson, be, and the same is
( 11 )
hereby altered as follows, to wit: Beginning at the Rock
and Cave on the Ohio river; thence a straight line to the
corner of townships number ten and eleven south, and of
ranges number seven and eight, east of the third principal
meridian ; thence west along the line between townships
number ten and eleven south twenty-four miles; and
thence with the lines established by the said recited act,
to the Ohio river, and up the same to the beginning; and
that all the tract of country included in the lines of Pope
county by this act, shall be attached to and form a part
of Pope county.
This act to be in force from and after the passage there-
of.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved, December 26, 1816.
NINIAN EDWARDS.
AN ACT to incorporate the President, Directors and
Company of the Bank of Illinois.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That a
Bank shall be established at Shawnoetown, the capital stock
whereof shall not exceed three hundred thousand dollars,
to be divided into shares of one hundred dollars each, one
third thereof to remain open to be subscribed by the Le-
gislature of this territory, or state, when a state govern-
ment shall be formed, which territory or state shall be en-
titled to such part of the dividend of the said corpora-
tion in proportion to the amount actually subscribed
by such territory or state, which one third shall be divi-
ded into shares of one hundred dollars each, in the same
manner as the individual stock is divided, and that sub-
scriptions for constituting the said stock shall on the first
L
( 12 )
Monday in January next, be opened at Shawnoetown and
at such other places as may be thought proper under the
superintendance of such persons as shall hereafter be ap^-
pointed, which subscriptions shall continue open until the
whole capital stock shall have been subscribed for: Pro-
vided however^ that so soon as there shall be fifty thous-
and dollars subscribed for in the whole, and ten thousand
thereof actually paid in, the said corporation, may com*
mence business and issue their notes accordingly.
Sec. 2. Be it further enacted, That it shall be law-
ful for any person, or partnership, or body politic to sub-
scribe for such or so many shares as he, she or they may
think fit, nor shall there be more than ten shares subscrib-
ed for in one day by any person, or co-partnership or bo-
dy politic for the first ten days after opening the said
subscriptions. I^he payments of the said subscriptions
shall be made by the subscribers respectively, at the time
and manner following, that is to say, at the time of sub-
Bcribing there shall be paid into the hands of the person
appointed to receive the same, the sum of ten dollars in
gold or silver on each share subscribed for, and the resi-
due of the stock shall be paid at such times and in such
instalments, as the directors may order; Provided, that
no instalment shall exceed twenty-five per cent, on the
stock subscribed for, and that at least sixty days notice
be given in one or more public newspapers of the territory :
And Provided also, that if any subscriber shall fail to
make the second payment at the time appointed by the
Directors for such payment to be made, shall forfeit the
sum so by him, her or them first paid, to and for the
use of the corporation.
Sec. 3. Be it further enacted. That all those who
shall become subscribers to the said bank, their succes-
sors and assigns, shall be and they are hereby enacted
and made a corporation and body politic by the name
and style of " The President, Directors and Company
of the Bank of Illinois," and shall so continue until the
first day of January, one thousand eight hundred and thir-
ty-seven, and by that name shall be and are hereby made
( 13 )
able and capable in law to have, purchase, receive, pos-
sess, enjoy and retain, to them and their successors, lands^
rents, tenements, hereditaments, goods, chatties and ef-
fects of what kind, nature or quality soever to an amount
not exceeding in the whole five hundred thousand dol-
lars including the capital stock aforesaid, and the same
to grant, demise, alien, or dispose of, to sue and be sued,
plead and be impleaded, answer and be answered, defend
and be defended in courts of record or any other place
whatever; and also to make, have and use a common
seal, and the same to break, alter and renew at pleasure,
and also to ordain, establish and put in execution, such
bye laws, ordinances and regulations as they shall deem
necessary and convenient for the government of the
said corporation, not inconsistent with the laws of the
territory or constitution, and generally to do, perform
and execute all and singular acts, matters and things which
to them it shall or may appertain to do, subject however
to the rules, regulations, limitations and provisions here-
inafter prescribed and declared.
Sec. 4. Be it further enacted. That for the well or-
dering of the affairs of the said corporation there shall
be twelve Directors, the first election for whom shall be
by the stock holders, by plurality of votes actually given,
on such day, as the persons appointed to superintend the
subscriptions for stock shall appoint, by giving at least
thirty days previbus notice in all the public newspapers
of the territory, and those who shall be duly chosen at
any election, shall be capable of serving as directors by
virtue of such choice, until the full end and expiration
of the first Monday in January next ensuing the time
of such election, and i;io longer; and on the said first Mon-
day of January in each and every year thereafter, the
election for Directors shall be holden, and the said Direc-
tors at their first meeting after each election shall choose
one of their number as President.
Sec. 5. Be it further enacted. That in case it should
happen at any time that an election for Directors should
not be had upon any day, when pursuant to this act it
( 14 )
ought to have been holden, the corporation shall not for
that cause be considered as dissolved, but it shall be law-
ful to hold an election for Directors on any other day,
agreeably to such bye laws and regulations as may be
made for the government of said corporation, and in such
case the Directors for the time being shall continue to exe-
outeand discharge the severalduties of directors until such
election is duly had and made; any thing in the fourth
section to the contrary notwithstanding: And it is further
provided, that in case of death, resignation, or removal
of any Director or Directors, the vacancy shall be filled
by election for the balance of the year.'
Sec. 6. Be it further enacted. That a majority of the
Directors for the time being, shall have power to appoint
such oflScers, clerks and servants under them, as shall be
necessary for executing the business of the said corpora-
tion, and to allow them such compensation for their ser-
vices respectively as shall be reasonable, and shall be ca-
pable of exercising such other powers and authorities for
the well governing and ordering of the affairs of the said
corporation as shall be prescribed, fixed and determined
by the laws, regulations and ordinances of the same: Pro-
vided always, that a majority of the whole number of
Directors shall be requisite in the choice of a President
and Cashier.
Sec. 7. And be it further enacted, That the foUow-
ingrules, restrictions, limitation and provisions, shall form
and be the fundamental articles of the constitution of the
said corporation, to-wit: The number of votes to which
the stockholders shall be entitled in voting for Directors,
fihall be according to the number or shares he, she or they
respectively hold in the proportions following, that is to
say, for one share and not more than two shares one vote,
for every two shares above two, and not exceeding ten,
one vote, for every four shares above ten and not exceed-
ing thirty one vote, for every six shares above thirty and
not exceeding sixty one vote; for every eight shares a-
bove sixty and not exceeding one hundred, one vote,
for every ten shares above one hundred, one vote; and
( 15 )
after the first election, no share or shares shall confer a
right of voting, which shall not have been holden three
calendar months previous to the day of election.
2. The governor of the state or territory is hereby ap-
pointed agent for the legislature, to vote for President,
Directors and Cashier of said Bank, and is hereby entitled
to exercise the right of voting for the same proposition
to the number of shares actually subscribed for by the
Legislature, in the same ratio that individuals, or other
bodies politic or corporate are entitled to vote for; and
the said agent hereby appointed, shall exercise the pow-
er hereby vested in him until the legislature shall make
other regulations respecting the same, and no longer.
3. None but a bona fide stockholder, being a resident
citizen of the territory shall be a director; nor shall a
director be entitled to any other emolument than such as
shall be allowed by the stockholders at a general meeting,
but the directors may make such compensation" to the
president for his extraordinary attendance at the bank, as
shall appear to them reasonable and just.
4. Not less than four Directors shall constitute a board
for the transaction of business, of whom the President
shall always be one, except in case of sickness, or neces-
sary absence, in which case, his place may be supplied by
any other director, whom he, by writing under his hand
may depute for that purpose.
5. Any number of stockholders, not less than fifteen,
who shall be proprietors of not less than fifty shares, shall
have power to call a general meeting of the stockholders,
for purposes relative to the institution, by giving at least
thirty days notice in one or more of the public newspa-
pers of the territory, specifying in such notice the object
or objects of such meeting, and may moreover appoint
three of their members as a committee to examine into
the state, and condition of the bank; and the manner in
which its aflPairs have been conducted. Provided, that
no member of such committee shall be a director, pres-
ident or other officer of any other bank.
6. Every Cashiier before he enters upon the duties of
( 16 )
his office, shall be required to give bond with two or more
sureties to the satisfactien of the directors, in a sum not
less than ten thousand Dollars, conditioned for his good
behaviour, and the faithful performance of his duties to
the said corporarion, and the other officers and servants
shall also enter into bond and security in such sum as the
president and directors may prescribe.
7. The lands, tenements, and hereditaments which it
shall be lawful for the said corporation to hold, shall be
only such as shall be requisite for its immediate accom-
modation in relation to the convenient transaction of its
business, and such as shall have been bona fide mortgag-
ed to it by way of security, or conveyed to it in satisfac-
tion of debts previously contracted in the course of its
dealings, or purchased upon judgments which shall have
been obtained for such debts.
8. The total amount of debts which the said corpora-
tion shall at any time owe, whether by bond, bill, note or
other contract, shall not exceed twice the amount of their
capital stock actually paid over, and above the monies then
actually deposited in the bank for safe keeping; and in
case of excess, the directors under whose administration
it shall happen, shall be liable for the same in their natu-
ral and private capacities, and an action of debt may be
brought against them, or any of them, their or any of
their heirs, executors or administrators in any court com-
petent to try the same, or either of them, by any creditor
or creditors of the said corporation; bat this provipion
shall not be construed to exempt the said corporation, or
the lands, tenements, goods or chattels of the same from
being liable for, and chargeable with the said excess; such
of the said directors who may have been absent, when
the said excess was contracted or created, or who may
have dissented from the resolution, or act whereby it was
contracted or created, may respectively exonerate them-
selves from being so liable, by forthwith giving notice of
the fact, and of their absence or dissent at a general meet-
ing of the stockholders which they shall have power to
call for that purpose.
( n )
9. The said corporation shall not directly or indirectly
deal or trade in any thing except bills of exchange, gold
or silver, or in the sale of goods, really and truly pledged
for money lent and not legally redeemed in due time, or
of goods which shall be the produce of its lands, neither
shall the said corporation take more than at the rate of six
per cent, per annum, for or upon its loans or discounts.
10. The shares of the capital stock of the said cor-
poration shall be assignable and transferable at any time^
according to such rules as shall be established in that be-
half, by the laws and ordinances of the same; but no
stock shall be transferred, the holder thereof being indebt-
ed to the Bank, until such debt be satisfied, except the
President and Directors shall otherwise order it.
11. The bills obligatory and of credit under the seal
of the said corporation, which shall be made payable to
any person or persons, shall be assignable by an endorse-
ment thereupon, shall possess the like qualities as to ne-
gotiability, and the holders thereof shall have and main-
tain the like actions thereon as if such bills obligatory
and of credit, had been made by or on behalf of a natu>
ral person, and all bills or notes which may be issued by
order of the said corporation, signed by the President
and cojantersigned by the principal Cashier or treasurer
thereof, promising the payment of money to any person
or persons, his, her or their order or to bearer, though
not under the seal of the said corporation, shall be bind-
ing and obligatory upon the same, in like manner and
with like force and effect, as upon any private person or
persons, if issued by him, her or them, in his, her or their
private or natural capacity or capacities, and shall be as-
signable and negotiable in the like manner as if they were
so issued by such private person or persons, that is to say,
those which shall be payable to any person or persons,
his, her or their order, shall be assignable by endorsement,
in like manner and with like effect, as bills of exchange-
now are; and those which are payable to bearer, shall be
assignable and negotiable bv delivery only.
C
—2
( 18 )
12. Half yearly dividends shall be made of so much
of the profits of the bank, as shall be deemed expedient
and proper, and once in every three years, the directors
shall lay before the stockholders at a general meeting, an
exact and particular statement of the debts which shall
have remained unpaid, after the expiration of the origin-
al credit, for a period of treble the time of that credit,
and the surplus of profit, if any, after deducting losses
and dividends. If there shall be a failure in the pay-
ment of any part of any sums subscribed to the capital
of said Bank, the party failing shall loose the dividend
which may have accrued prior to the time of making
such payment during the delay of the same.
Sec. 8. And be it further enacted, That the said cor-
peration shall not at any time suspend or refuse payment
in gold and silver of any of its notes, bills or obligations,
nor of any monies received upon deposit in said Bank,
or in its office of discount aud deposit; and if the said
corporation shall at any time refuse or neglect to pay on
demand, any bill, note or obligation issued by the cor-
poration according to the contract, promise or underta-
king therein expressed, or shall neglect or refuse to pay
on demand any monies received in said bank, or in its
office aforesaid on deposit, to the person or persons enti-
tled to receive the same, then and in every such case, the
holder of any such note, bill or obligation, or the person
or persons entitled to demand and receive the same, shall
recover interest on the said bills, notes, obligations or mo-
nies until the same shall be fully paid and satisfied,
at the rate of twelve per centum per annum, from the
time of such demand as aforesaid: Provided, that the
Legislature of this territory may at any time hereafter en-
act laws to enforce and regulate the recovery of the a-
mount of the notes, bills, obligations or other debts, of
which payment shall have been refused as aforesaid, with
the rate of interest above mentioned; vesting jurisdic-
tion for that purpose in any courts either in law or equi-
ty, within this territory.
Sec. 9. Be it further enacted. That John Marshall,
( 19 )
David Apperson, Samuel Hays, Leonard White and
Samuel R. Campbell, or any three of them, shall be com-
missioners for the purpose of receiving subscriptions, and
who shall have power to appoint a person to receive the
money required to be paid at the time of subscribing;
and the said receiver shall as soon as the directors are ap-
pointed, pay over the same into the hands of such person
as the directors may direct.
Sec. 10. Be it further enacted, That the aforesaid cor-
poration, shall not be dissolved previous to the expiration
of their charter, nor until their debts, contracts, notes,
bills of exchange nnd undertakings in their corporate ca-
pacity; shall be finally and faithfully settled: Provided
also, that after the expiration of their charter, they shall
not transact business according to the true intent and
meaning of this act, further than to settle and close their
contracts as above provided. This act to take effect from
and after its passage.
WILLIS HARGRAVE,
Speaker of the House of Representatives, pro tempore,
PIERRE MENARD,
President of the Legislative Council.
Approved— December 28, 1816.
NINIAN EDWARDS.
AN ACT supplemental to on act, entitled '^An act con-
■ cernivg Executions."
WHEREAS, It appears to this Legislature that gold
and silver coin are so scarce in this territorv, that it is ut-
terly impossible for the citizens thereof at present to pay
their debts in those metals; and that attempts to enforce
such payments by legal execution, besides the immense
sacrifices of property that would result therefrom, would
produce many other distressing consequences: For re-
medy whereof,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
( 20 )
is hereby enacted by the authority of the same. That up-
on all executions which now are, or hereafter may be is-
sued upon any judgment or judgments, replevy bond
or replevy bonds, which have heretofore been, or may
hereafter be recovered or given, the defendant or defen-
dants shall be permitted to replevy the same for twelve
months, upon executing bond in double the amount of
any such execution, with sufficient security or securities
to the sheriff of the county, conditioned for the payment
of the amount of such execution, with all legal interest
on the same, together with all costs that may accrue
thereupon, unless the plaintiff or plaintiffs shall previous
to the taking of any such replevy bond, as herein au-
thorised, give a written authority to the sheriff* to receive
in discharge of his execution bank notes of any of the
chartered banks of Cincinnati and Chillicothe, in the
state of Ohio, and of any of the banks of the states of
Tennessee and Kentucky, and of the banks of Vincennes,
of Missouri, of St. Louis, and of Illinois, in which case,
no other replevin shall be allowed than that which is now
prescribed by law. Provided however. That nothing
herein contained, shall deprive any defendant or defen-
dants who shall exercise that right, to replevy again un-
der this law.
Sec. 2. Be it further enacted. That the same proceed-
ings may be had upon the rejilevy bonds hereby author-
ised, that might or could be had upon replevy bonds here-
tofore allowed; and the sheriff* shall be entitled to the
same fees for his services as are allowed upon other re-
plevy bonds.
Sec. 3. This act to commence on the date hereof and
to continue in force for one year and no longer.
WILLIS HARGRAVE,
Speaker of the House of Representatives, pro tempore.
PIERRE MENARD,
President of the Legislative Council.
Approved, December 28, 1816.
NINIAN EEWARDS.
( 21 )
AN ACT for the division of Edwards County.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That all
that tract of country within the following boundaries, to-
wit: Beginning at the mouth of the Embarras, and run-
ning with said river to the intersection of the line divid-
ing townships number three and four, north of range ele-
ven, west of the second principal maridian; thence west
with said township line to the meridian, and due north
until it strikes the line of Upper Canada; thence to the
line that separates this territory from the state of Indiana,
and thence south with said .dividing line to the begin-
ning, shall constitute a separate county to be called Craw-
ford; and the seat of justice for said county, shall be at
house of Edward N. Cullom, until it shall be permanently
established in the following method, that is; three persons
shall be appointed, to wit: John Dunlap, Thomas Han-
dy and Thomas Kenedy, which said commissioners, or a
majority of them, being duly sworn before some judge
or justice of the peace of this territory, to faithfully take
into view the situation of the settlements, the geography
of the country, the convenience of the people, and the
eligibility of the place, shall meet on the second Monday
in March next, at the house of Edward N. Cullom, and
proceed to examine and determine on the place for the
permanent seat of justice, and designate the same: Pro-
vided, the proprietor or proprietors of the land shall give
to said county, for the purpose of erecting public build-
ings, a quantity of land at said place, not less than twen-
ty acres, to be laid out in lots and sold for the above pur-
pose. But should the said proprietor or proprietors re-
fuse or neglect to make the 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 justice as
convenient as may be to the diflPerent settlements in said
county; which place when fixed and determined on, the
said commissioners shall certify under their hands and
( 22 )
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 afore-
said 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.
Sec. 2. And be it further enacted, That the said coun-
ty of Crawford is hereby allowed one representative in
the house of representatives of this territory, who shall
be elected agreeably to law, and be entitled to all the im-
munities, powers and privileges prescribed by law to
members of the house of representatives. An election
is hereby directed to be held at the house of said E. N.
Cullom, in the said county, on the first monday in March
next, and continue open three days, and to be conduct-
ed in all other respects by the persons and in Ihe manner
prescribed by law: At which said election, the persons
entitled to vote may elect a representative to the house of
representatives, who shall continue in office until the tenth
day of October, eighteen hundred and eighteen, and shall
during his continuance in office, be bound to perform the
duties, and be entitled to the same .privileges and immu-
nities that are prescribed by law to a member of the
house of representatives.
Sec. 3. Be it further enacted. That the citizens of
said county entitled to vote, may at any election for a
member of the legislative council to represent said dis-
trict, proceed to vote for such member; and it shall
moreover be the duty of the sheriff of the said county
of Crawford, within ten days after the close of said elec-
tion, to attend at the court house of the county of White,
with a statement of the votes given in the said county of
Crawford, and to compare the polls of the respective
counties; and it shall be the duty of the sheriffs of Gal-
latin, White and Edwards counties to attend at such time
and place with a statement of the votes of Gallatin,
White and Edwards counties, and upon counting the
votes of the respective counties, it shall be the duty of
( 23 )
the said Bberiffs of Gallatiu, White, Edwards and Craw-
ford counties, to make out and deliver to the person duly
elected a certificate thereof. If the said sheriffs or either
of them, shall refuse or fail to perform the duty required
of them by this section, such delinquent shall forfeit and
pay the sum of two hundred dollars, to be recovered by
action of debt or indictment, one half to the territory, and
the other half to any person sueing for the same.
Sec. 4. Be it further enacted, That the citizens of the
county Crawford are hereby declared to be entitled in
all respects to the same rights and privileges in the elec-
tion of a delegate to congress, as well as a member to
the house of representatives of the territory, that are al-
lowed by law to the other counties of the territory; and
all elections are to be conducted at the same time, and in
the same manner, except as is excepted by this law, as
is provided for other counties. This act shall commence
and be in force from after the passage thereof.
SETH GARD,
Speaker of the House of Representatives ^ pro tempore.
PIERRE MENARD,
President of the Legislative Council.
Approved, December ^1, 1816.
NINIAN EDWARDS.
AN ACT supplemental to an act entitled ''An act for
the relief of persons imprisoned for Debt"
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that when-
ever any person is in actual confinement on final process
in any civil action where the cause of imprisonment is the
failure to pay the amount of any judgment rendered a-
gainst him, such person, shall have a right to give actual
notice*to all his creditors by writing, if they reside in the
territory, or by advertising in any newspaper printed in
the territory, if thoy or any of them reside out of the
( 24 )
territory, which last mentioned notice shall be alone suflS-
cient in all cases, that he will on some special day, not less
than twenty days after giving such notice, apply either to
the county court at its next term, or to some judge there-
of in vacation, to take the benefit of the "act concerning
insolvent debtors."
-^EC. 2. And be it further enacted, That such person
so confined as aforesaid, shall have the right of giving
notice to any judge of the county court to attend at the
court house on any day that such person may name to hear
what may be urged in behalf of his liberation, and it shall
be the duty of such judge to attend on such day named;
and it shall be the duty of such court or judge in vacation
to proceed to hear and determine on the case before them,
according to the directtons of the said recited act; and
it shall be the duty of the person applying, to proceed
previous to his liberation, in all respects as is prescribed
by the law to which this is a supplement, except so far as
is altered by this act; and any person thus liberated, shall
stand in the same situation as if he had been released by
legal sentence under the provisions of the said act to which
this is a supplement.
Sec. 3. And be it further enacted. That it shall be
the duty of the clerk of said court, to attend at the court
house on the day so appointed, and make a record of the
proceedings as though the same were a special session of
the said court, who shall be entitled to receive therefor,
one dollar and fifty cents; and the said, judge shall re-
ceive the sum of two dollars therefor out of the county
treasury of their county; and it shall be the duty of the
jailor upon receiving notice from said judge, to bring
such prisoner before him, and either recommit or discharge
him as the judge may direct. This act to take effect
from and after its passage. SETH GARD,
Speaker of the House of Representatives, joro tempore.
PIERRE MENARD.
President of the Legislative Council.
Approved, «Tanuary 1, 1817.
NINIAN EDWARDS.
( 25 )
AN ACT to establish Inspections Within the Territory.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it is
hereby enacted by the authority of the same, that public
ware houses may be kept at the several places which may
be pointed out by the judges of the county courts in eac^
county for an inspection of beef, pork, hemp, flour, and
tobacco. • . •'
Sec. 2. And be it fui'th©!* enacted, That there shall
be kept at the several waro'hoi^es that may be establish-
ed, a good and sufficient pair* of scales, sufficient" to weigh
eighteen hundred weight at leasi* 'and a set of small
weights, such as ought to be, according to the standard
weight of the county, and that the pj^bpwetors of each
ware house provide the same. • / ' '
Sec. 3. And be it further enacted, That ^all beef, to-
bacco, hemp and flour brought to any of the pubha"i<^are
houses, shall be viewed, inspected and examined, hy t^o
persons thereunto appointed by the different county courts
for each county, and it shall be the duty of the courts a-
foresaid to appoint such inspectors, when in their opinion
it may be thought necessary, and it shall be the duty of
the aforesaid county courts to nominate three fit persons
for inspectors at each of their several ware houses within
their respective counties, the two first in the nomination
shall be considered as the acting inspectors for the ensu-
ing year, and in case of sickness or death or inability in
either of the two first inspectors, the third shall act, and
on the disagreement of the said inspectors, the third shall
be called in to decide on such articles subject to inspec-
tion; and the said judges shall have power on complaint
in writing being lodged in the office of the clerk of the
county, at their first term after such notice to them given
to summon the inspector or inspectors before them, and
the court shall have power to continue or dismiss from
office him or them, as the case may be, and as \.he court
shall judge just; and such court shall till all vacancies
D
( 26 )
which may happen at any time during the remainder of
the year; and every such inspector so appointed by virtue
of this act before he enters into the execution of his
office, shall give bond with approved security in the pe-
nal sum two hundred dollars, payable to the governor or
his successors in office, conditioned for the true and faith-
ful performance of his duty according to the conditions
of this act, which said sum shall be recovered by action
of debt before the circuit court. for^iiiiy wilful or flagrant
breach of duty; which bond fha^J^l be given or entered
into before the county cgi^Jr^t/^Hd lodged in the clerk's of-
fice of the county.
Sec. 4. And b^•'j^J•f4irther enacted," That all inspec-
tors to be appQinle9.l)y this act, shall attend at the differ-
ent ware hQti6e^»|o which they are appointed, on the ap-
plicatioBP.of'Xiry person who wishes to have his beef, pork,
# # # '
flour^of *fofeacco to be inspected, Sunday excepted, and
Q>j!^y*^fn8pector neglecting to attend as aforesaid, shall
••{^rfelt and pay to the party aggrieved, five dollars to be
recovered before any justice of the peace in the proper
county. And the said inspectors shall inspect every ar-
ticle that comes within the perview of this act, in such
a manner that may be fully satisfied, that each article so
inspected shall completely answer in quality to the mark
or brand by them made, which shall be marked on the
barrel or hogshead, if flour, the letters S. F. for super-
fine, and the letter F. for fine, with the gross weight and
nett weight marked in figures on the said barrel, if tobac-
co or pork or beef, the weight in gross and nett marked
on the head of said hogshead or barrel.
Sec. 5. And be it further enacted. That the rates of
inspection and storage of the several articles so inspected
shall be fixed by the several county courts at their first or
second courts in every year.
Sec. 6. And be it furthf r enacted, That each hogs-
head of tobacco shall weigh not less than nine hundred-
and fifty weight, or exceed eighteen hundred nett, and
the barrel of flour shall weigh one hundred and ninety-
six pounds nett weight, and each barrel of pork and beef
( 27 )
shall weigh not less than two hundred pounds nett weight
each.
Sec. 7. And be it further enacted. That it shall be the
duty of the several inspectors under this act, to enter in a
book by them kept for that purpose, the mark, number
and weight of the several hogsheads and barrels by them
inspected, together with the name of the inspector and
ware house where such inspection was had.
Sec. 8. And be it further enacted, That each andev-
ery inspectors appointed by virtue of this act, before they
enter on the duties of their respective oflSces, shall be
sworn before the clerk of the county court by which they
were appointed, that they will faithfully discharge the du-
ties of their office without partiality, favor or affection.
Sec. 9. And be it further enacted, That it shall be
the duty of the several inspectors appointed by this act,
to furnish the owner or proprietor of any of the above
mentioned articles with a certificate of the mark, number
and weight of the several articles by them inspected, and
to attest such certificate.
Sec. 10. And be it further enacted, That this act
shall take effect and be in force from and after the pas-
sage thereof.
GEO. FISHER,
Speaker of the House of Representatives,
JOHN G. LOFTON,
President of the Legislative Council pro tempore.
AppROVED-^January 4, 1817.
NINIAN EDWARDS.
AN ACT to regulate the practice in certain cases.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that in a-
ny action commenced, or which may hereafter be com-
menced, in any court of law in this territory upon any
note, bond, bill or any other instrument of writing for
( 28 )
the payment of money or property, or for the perform-
anee of covenents or conditions, if such note, bond, bill,
or instrument of writing was made or entered into with-
out a good or valuable consideration, or if the considera-
tion upon which such note, bond, bill or instrument of
writing was made or entered into has wholly, or in part
failed, it shall be lawful for the defendant or defendants a-
gainst whom such action shall have been commenced, to
plead such want of consideration, or that the considera-
tion upon which such note, bond, bill or instrument of
writing was made or entered into, has wholly or in part fail-
ed; and if it shall appear that any such note, bond, bill or
instrument of writing:, was made or entered into without
a good or valuable consideration, or that the considera-
tion has wholly failed, the verdict shall be for the defen-
dant; and if it shall appear that the consideration has
failed in part, the plaintiflP shall recover according to the
equity of the ease.
This act to be in force from and after its passage.
GEO. FISHEE,
Speaker of the House of Representatives.
JOHN G. LOFTON,
President of the Legislative Cotmcil, pro tempore.
Approved — January 4, 1817.
NINIAN DDWARDS.
AN ACT forming a new county out of the county of
Madison.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that all
that tract of country within the following boundaries, to-
wit: Beginning at the south west corner of township
number three north of range four west, thence east to
the south east corner of township number three north, of
range number one east, to the third principal meridian
line; thence north to the boundary line of the territory;
( 29 )
thence west with said boundary line so far that a south
line will pass between ranges four and five west; thence
south with said line to the beginning, shall constitute a
separate county, to be called Bond\ and the seat of jus-
tice for said county shall be at Hiirs fort, until it shall be
permanently established in the following manner, that is
to say, there shall be five persons appointed, to-wit: —
William Roberts, John Powers, Robert Gillaspie, John
Whitley, senior, and John Los ton, who or a majority of
them, being duly sworn before some judge or justice of
the peace of this territory, to faithfully take into view the
situation of the settlements, the geography of the county,
the convenience of the people, and the eligibility of
the place, shall meet on the first Monday in March next
at Hill's fort on Shoal creek, and proceed to examine and
determine on the place for the permanent seat of justice,
and designate the same: Provided, that the proprietor
or proprietors of the land shall give to the said county
for the purpose of erecting public buildings, 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 the 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 present and future settlements of said county, or
should the said commissioners fix it upon lands belonging
to the United States, in that case, the judges of said
county or any two of them may apply to the Register of
the land office for their district, and in hehalf of the coun-
ty purchase one quarter section for the use of the county,
and the seat of justice shall be established thereon, and
the county shall be bound for the purchase money; which
place when fixed upon and determined, the said commis-
sioners shall certify under their hands and seals, and re-
turn their certificate of 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
( 30 )
aforesaid seat of justice, to be paid ont of the connty le-
vy, which said court shall cause an entry thereof to be
made on their records.
Sec. 2. Be it further enacted. That the citizens of
Madison and Bond counties, that are entitled to vote, may
at any election for a member of the legislative council
and house of representatives to represent said district,
proceed to vote at their respective seats of justice for
such members; and it shall moreover be the duty of the
sheriflF of the said county of Bond, within ten days after the
close of said election, to attend at the court-house of
the county of Madison with a statement of the votes gi-
ven in the said county of Bond, to compare the polls of
the respective counties; and it shall be the duty of the
sheriffs of Madison and Bond to attend at such time and
place with a statement of the votes of Madison and Bond
counties, and upon counting the votes of the said coun-
ties, it shall be the duty of the sheriffs of Madison and
Bond counties to make out and deliver to the persons
duly elected a certificate thereof. If the said sheriffs or
either of them shall refuse or fail to perform the duty re-
quired of them by this section, such delinquent shall for-
feit and pay the sum of two hundred dollars, to be reco-
vered by action of debt or indictment, one half to the
use of the territory, the other half to the person sueing
for the same.
Sec. 3. Be it further enacted, That the citizens of the
said county of Bond, are hereby declared to be entitled
in all respects to the same rights and privileges in the elec-
tion of a delegate to congress of this territory, that are
by law allowed to other counties of this territory; and
all elections are to be conducted at the same time and in
the same manner as is provided for other counties. This
( 31 )
act shall commence and be in force from and after its
passage.
GEO. FISHER,
Speaker of the House of Hepreseiitatives.
PIERRE MENARD.
President of ihe LetjisUttice Council,
Approved— January 4, 1817.
NINIAN EDWARDS.
AN ACT regulating and defining the duties of the U-
nited States' Judges for the Territory of Illinois.
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 Il-
linois territory shall be divided into three circuits, in the
mannefand for the purposes hereinafter mentioned.
Sec. 2. And be it further enacted, That the counties
of Bond^ Madison, St. Clair, and Monroe, shall com-
pose the first circuit; the counties of Randolph, Jackson,
Johnson and Pope, shall compose the second circuit;
the counties of Gallatin, White, Edwards and Crawford,
shall compose the third circuit: Provided however, that
when a new county shall at any time hereafter be estab-
lished, such new county shall be attached to the Judicial
circuit from which the largest portion thereof may be ta-
ken and it shall be the duty of the Judge,allotted as herein-
after directed, to hold courts in such new county at such
time and place as may be directed by law.
Sec. 3. And be it further enacted, That the judges
who are or shall be appointed for the Illinois territory,
under the authority of the United States, shall previous
to the time prescribed by this act, for holding the first
court proceed to allot amongst themselves the circuits in
which they shall respectively preside, which allotment
shall continue in force for and during the term of one
year thereafter, and such allotment shall be annually re-
newed, and which allotment in writing, signed by the said
( 32 )
udges or a majority of them, shall be entered of record,
in the said courts respectively, by the clerks thereof, at
the commencement of the term next after such allotment
shall be made: Provided however, that when any of the
said judges shall be unable to hold the courts within the
circuit to which he is allotted by reason of any disability,
it shall be the duty of the judge allotted to the circuit
nearest thereto, to hold the court in such circuit until the
disability of the judge allotted to the circuit shall be re-
moved, or (in case of death or resignation of a judge)
until a successor be appointed.
Sec. 4. And be it further enacted, That it shall be the
duty of said judges respectively, to hold three terms in
each county annually in their respective circuits in con-
formity with the preceding section of this act, which
shall commence at the times hereinafter mentioned, that
is to say, in the county of Bond, on the last Mondays of
February, June and October; in Madison county on
the first Mondays of March, July and November; in
St. Clair county, on the second Mondays of March, July
and November; in the county of Monroe on the third
Mondays of March, July and November; in Randolph
county on the fourth Mondays of March, July and No-
vember; in Jackson county on the first Mondays in A-
pril, August and December; in Johnson county on the
second Mondays of April, August and December; in
Pope county, on the third Mondays in April, August
and December; in Gallatin county on the fourth Mon-
days in April, August and December; in the county of
White on the first Mondays in May, September and Jan-
uary; in Edwards county on the second Mondays of
May, September and January; in Crawford county on
the third Mondays of May, September and January.
Sec. 5. And be it further enacted, That the said
courts shall be holden at the respective county seats of
justice of said counties, and the said judges respectively
shall in their respective circuits have jurisdiction over
all causes, matters or things, at common law or in chan-
cery, arising in each of said counties, except in cases
(33.)
where the debt or demand shall be under twenty dollars^
in which cases they shall have no jurisdiction.
Sec. 6. And be further enacted, That the circuit
courts in the respective counties, shall have power and ju-
risdiction in all cases of vagrants, attachments, divorces,
motions against public debtors, clerks, sheriffs, collectors
of public monies for the territory, or any county thereof,
and of all matters and things, civil or criminal which the
circuit courts in this territory had and possessed before
the passage of this act, unless in cases specially otherwise
provided for by law; and the said judges in their respec-
tive circuits, shall intermand in vacation possess the same
powers, and perform the same duties in matters cog-
nizable by the circuit courts, as they held and possessed
the same before the passage of this act, and that the said
judges shall be conservators of the peace; and the circuit
courts in term time or the judges thereof in vacation, shall
have power to award injunctions, writs of ne exeat, habeas
corpus, and all other writs and process that may be ne-
cessary to the execution of the powers with which they
are or may be vested.
Sec. 7. And be it further enacted, That the said cir-
cuit courts respectively, shall have power to hear and de-
termine all treasons, felonies, and other crimes and misde-
meanors that may be committed within the respective
counties, and that may be brought before them respec-
tively by any rules or regulations prescribed by law; and
when any person charged with felony, shall be committed
to prison in any county within the territory, and there
shall be forty days or more between the time of the com-
mitment and the next term of the circuit court, directed
to be holden in the county in which such person may be
committed, it shall be lawful for the governor of the ter-
ritory to issue his writ directed to the judge allotted to
the circuit, including the county where such accused
person may be committed, commanding him to hold a
court of oyer and terminer for the trial of the accused;
and it shall be the duty of the judge to whom said writ
E
-3
(• 34 )
is directed, to hold the court at the seat of justice of the
county at such time as may be specified in such writ, and
all process issued, or proceedings had before the writ
shall be issued, shall be returned to the said court of oyer
and terminer.
Sec. 8. And be it further enacted, That all suits
shall be tried in the counties in which they originate, un-
less in cases that are or may be specially provided for by
law. And executions and other process may be issued
on any judgment or decree of any circuit court, and be
returned according to law.
Sec. 9. And be it further enacted, That if the cir-
cuit judge shall not attend on the first day of any court, or
if a quorum of the court hereinafter mentioned, shall not
attend in like manner, such court shall stand adjourned
from day to day,* until a court shall be made, if that shall
happen before four o'clock, in the afternoon of the third
day.
Sec. 10. And be it further enacted^ That if either a
circuit court, or the court hereinafter mentioned, shall not
set in any term, or shall not continue to set the whole
term, or before the end of the term, shall not have heard
and determined all matters and things depending in court,
the business undetermined shall stand continued until the
next succeeding term.
Sec. 11. And be it further enacted. That if from any
cause, either of the said courts shall not set on any day
in a term after it shall have opened, there shall be no dis-
continuance, but so soon as the cause is removed, the
court shall proceed to business until the end of the term,
if the business depending before it be not sooner dis-
patched.
Sec. 12. And be it further enacted, That the judi-
cial term of the said circuit courts shall consist of six
days in each county, during which time the court shall set,
unless the business before it shall be sooner determined.
Sec. 13. And be it further enacted. That the judge
allotted as aforesaid, to any circuit within the said territo-
ry, shall have power to appoint a clerk to each court
/
( 35 )
within the circuit allotted to him, and to fill any vacancy
occasioned by death, removal from office, or resignation
of any clerk, and any clerk so appointed shall at the first
term to be holden in the county, enter into bond with one
or more securities, to be approved by the court, to the
governor of the territory, and his successors in office, in
the penalty of one thousand dollars, conditioned for the
faithful discharge of the duties of his office according to
law; and to deliver the books, papers, records and pro-
ceedings to his successors in office, whole, safe and unde-
faced, without sequestration or omission; which bond
shall be transmitted to and filed in the secretary's office.
It shall be the duty of the clerk to issue process in all
causes originating in his county, to keep and preseve the
records of all the proceedings of the court therein, and to
do and perform all the duties which may be enjoined on
him by law.
Sec. 14. And be it further enacted, That in the cases
depending in the respective circuit courts in this territo-
ry, before the passage of this act, the parties, or their at-
tornies, or counsellors, shall be permitted to take all such
measures Sot bringing them to trial that might have been
taken, if no change had taken place; and the said circuit
courts established by this act respectively, shall as far as
possible proceed to the trial thereof, in the manner that
the circuit courts before the passage of this act might
have legally done, had no other change than a mere alter-
ation of the terms taken place, and all writs, process and
proceedings whatsoever in any court in this territory shall
be considered as continued to and made returnable to the
first term of the circuit court to be holden in the county
under this act, and be proceeded on accordingly, recog-
nizances or other proceedings taken by justices of the
peace or other officers, made returnable heretofore to the
circuit courts, shall in like manner be returned to, and
be proceeded on as above directed.
Sec. 15. And be it further enacted, That the said
judges or a majority of them, shall constitute a court to
be styled, a court of Appeals for Illinois territory, and
( 36 )
shall hold two sessions annually ar Kaskaskia, which shall
commence on the second Mondays in June and October,
in every year, and continue in session until the business
before them shall be completed, which court shall have
appellate jurisdiction only, except cases arising under the
laws of the United States, and of which provision may
be made authorizing them to exercise such jurisdiction,
and to which appeals may be allowed, and from which
writs of error according to the principles of the common
law, and conformably to the laws and usages of this ter-
ritory, may be prosecuted for the reversal of the judg-
ments and decrees, as well of the said circuit courts, as of
any inferior courts, which now are, or which may here-
after be established by law.
Sec. 16. And be it further enacted. That a clerk
shall be appointed to the said court of appeals, by the said
judges or a majority of them, whose duty it shall be to
issue process in all cases brought before said court where
process ought to issue, and keep and preserve the records
of all the proceedings of the said court therein, and to do
and perform all such duties as may be enjoined on him
by law ; and the said clerk shall at the first term of the
said court after his appointment, give bond to the gover-
nor and his successors in oflSce, with one or more securi-
ties to be approved of by said court, in the penalty of one
thousand dollars, conditioned for the faithful discharge of
the duties of his oflSce, according to law, and to deliver
all books, papers, records and proceedings of his office,
to his successors in office, whole, safe and undefaced with-
out sequestration or omission; which bond shall be trans-
mitted to, and filed in the secretary's office.
Sec. 17. And be it further enacted. That in all cases
depending in the court of appeals for Illinois territory,
before the passage of this act. the parties or their attor-
nies, or counsellors, shall be permitted to take all such
measures to bring them to a final decision, that might
have been taken if no change had taken place; and the
said court of appeals established by this act, shall as far
as practicable proceed to the final determination thereof,
( 37 )
in the same manner that the court of appeals heretofore
might have legally done, had no other change than a mere
alteration of the terms taken place, and executions and
other process may be issued on any judgments or decrees
of the said court of appeals, and be made returnable ac-
cording to law.
Sec. 18. And be it further enacted, That appeals may
be prayed, and writs of error taken out upon matters of
law only, in all cases wherein they are now allowed or
may hereafter be allowed by law to the said court of ap-
peals, and made returnable to the said court at Kaskaskia;
but no question upon appeal or writ of error shall be de-
cided without the concurrence of two judges, at least.
Sec. 19. And be it further enacted, That the rules
of practice in civil and in criminal proceedings at law,
and the laws and rules respecting proceedings in chance-
ry, which were exercised by the circuit courts and court
of appeals before the passage of this act, and not incon-
sistent with this law, shall be, and are hereby vested in the
circuit courts and court of appeals established by this
act, and shall govern the same, and shall be pursued by
parties litigant therein, and in all cases not provided for
by law, the said courts respectively shall have power to
adopt rules and regulations necessary for eflPectuating
the practice in them respectively, and the said courts in
term, and the judges thereof in vacation shall have full
power and authoiity to punish contempts which may be
offered to them in the exercise of their oflScial functions,
in the same manner as they might or could do before the
passage of this act according to law.
Sec. 20. And be it further enacted, That the clerks
of the circuit courts and court of appeals established be-
fore the passage of this act, shall deliver to the clerks
who may be appointed under the provisions of this law,
all the books, papers, records and proceedings of the re-
spective circuit courts which shall appertain to their offi-
ces, and in case of neglect or refusal to do so in a reason-
able time after demand is made, the courts respectively,
where such negleet or refusal shall happen, may on mo-
( 38 )
tion or application, or without it, award such coercise
process as may be deemed expedient to enforce the de-
livery, according to law.
Sec. 21. And be it further enacted, That the said
circuit courts respectively, shall cause to be procured
and used a judicial seal in each county in the respective
circuits, which shall be kept by the respective clerks, and
all writs and process from said court shall be in the name
of the United States, and be sealed with the judicial seal;
bear teste in the name of the clerk; be dated on the
days which they issue, and made returnable to the said
courts according to law.
Sec. 22. And be it further enacted. That it shall be
the duty of the court of appeals in all cases of appeals
and writs of error, to state' the cases and the reasons of
their opinion at large in writing, which shall be carefully
preserved by the clerk and kept subject to the inspection
of all who may desire to read the same.
Sec. 23. And be it further enacted. That executions
may be issued by the clerks to be appointed under this
act, on all judgments and decrees heretofore rendered by
the respective circuit courts and court of appeals, and be
made returnable according to law in the same manner, as
if this law had not been passed.
Sec. 24. And be it further enacted, That the clerks
of the respective circuit courts, and the clerk of the
court of appeals to be appointed under this law, shall be
entitled to the same fees and emoluments, and entitled to
the same mode of recoverv and collection, which the
clerks of the circuit courts, and courts of common pleas,
and clerks of the court of appeals and general court were
allowed to have in similar cases, and shall make complete
records in all cases determined in their respective courts
where the title to land shall come in question, and they
shall keep their office at the places directed by law for
holding their respective courts.
Sec. 25. And be it further enacted. That it shall be
the duty of the sheriff in each county respectively, to at-
tend and execute the process and orders of the courts,
( 39 )
directed by this law to be held in his county, and it shall
be his duty to summon grand and petit jurors to attend
the circuit courts and courts of oyer and terminer, to be
holden in his county, in the same manner as the respect-
ive sheriffs were required to do by law before the passage
of this act; and all persons summoned by the sheriffs to
attend as jurors and failing to give their attendance, shall
be subject to the same penalties and be proceeded against
in the same manner as jurors whre for like failures before
the passage of- this act: Provided neverthehss, that the
clerks that are now in office in the diflPerent circuit courts
and the court of appeals in this territory, shall continue in
oflSce, and perform all the duties required by law until
there are new clerks appointed agreeably to the provisions
of this act. This act to take effect and be in force from
and after the rising of the legislature.
GEO. FISHER,
Speaker of the House of Representatives,
JOHN G. LOFTON,
President of the Legislative Council pro tempore.
Approved— January 6, 1817.
NINIAN EDWARDS.
AN ACT supplemental to an act entitled, " An act reg-
ulating and defining the duties of the United States^
Judges for the territory of Illinois.''
BE it enacted by the Legislative Council and House
of Represenatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that the
United States' Judges appointed for this territory, res-
pectively, are hereby empowered to hold circuit courts at
the times prescribed by the act to which this is a supple-
ment, in the several counties now included within the
circuits to which they have hitherto been allotted, until
the court of appeals at their first session shall otherwise
allot, and after which allotment, the said judges shall be
governed by the law to which this is a supplement. —
( 40 )
Frovided however, that when any judge shall be unable
to attend the courts in his circuit, it shall be the duty of
the judge who is to preside in the courts next to be hol-
den after the completion of the circuit, in which such
absent judge should attend to hold the courts in such cir-
cuit, during such disability; and in case of death, or re-
signation, to hold the courts until a successor shall be ap-
pointed, any thing in any law to the contrary notwith-
standing.
Sec. 2. Be it further enacted, That in those counties
wherein no clerk of the circuit court has been appointed
the clerks of the county courts in such counties, are here-
by authorised and empowered to do and perform all the
duties required of the several clerks of the circuit courts
by the act to which this is a supplement; and the said
clerks of the county courts shall continue to perform such
duties until a clerk for the circuit court shall be appoin-
ted according to the provisions of the act to which this
is a supplement; and such clerk shall receive the same
fees as clerks of the circuit courts are entitled to for sim-
ilar services.
Sec. 3. Be it further enacted, That the clerks of the said
circuit courts shall be authorised to use their private seal
in all cases where they are required to use their judicial
seal, until such judicial seals can be procured.
Sec. 4. Be it further enacted, That the clerks of the
circuit courts respectively, when appointed, shall hold
their offices during good behaviour, and be subject to be
removed only by impeachment, in the usual way of try-
ing impeachments. This act to be in force from and
after the passage thereof.
SETH GAKD,
Speaker of the House of Representatives , pro tempore.
PIERRE MENARD,
President of the Legislative Council,
Approved— January 10, 1817.
NINIAN EDWARDS.
( 41 )
AN ACT regulating the time of holding the County
Courts,
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 for the counties of Bond, Randolph and
Oallatin, shall be holden on the first Mondays of Febru-
ary, June and October: In the counties of Madison,
Jackson and White, on the second Mondays of Februa-
ry, June and October: In the counties of St. Clair,
Johnson and Edwards, on the third Mondays of Februa-
ry, June and October: In the counties of Monroe, Pope
and Crawford, on the fourth Mondays in February, June
and October, in each and every year.
Sec. 2. And be it further enacted. That all process
heretofore made returnable to the county courts, shall be
continued and made returnable to the county courts, in
the same manner as though no alteration had taken place
in the terms; Provided, that this act shall not be so con-
strued as to e£Fect the powers already vested in the cir-
cuit courts now established in this territory.
Sec. 3. Be it further enacted, That so much of the
act past last session relative to county courts, as prescribes
the times of holding courts be, and the same is hereby
repealed. This act to take effect from and after its passage.
SETH GARD,
Speaker of the House of Representatives, pro tempore,
PIERRE MENARD,
President of the Legislative Council.
Approved— January 11, 1817.
NINIAN EDWARDS.
( 42 )
AN ACT to authorize the Governor to organize the
Militia of Edwards and Crawford counties.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that it
shall and may be lawful for the governor of this territo-
ry, immediately to constitute the militia of Crawford
county into one battalion, and that the counties of Ed-
wards and Crawford, shall form a regiment; the com-
manding officer of which, shall have the same powers
and perform the same duties that other lieutenant colo-
nels of their respective regiments perform. This act to
take effect and be in force from and after its passage.
SETH GARD,
Speaker of the House of Representatives , pro tempore.
PIERRE MENARD,
President of the Legislative Council,
Approved — January 11, 1817.
NINIAN PDWARDS,
AN ACT to amend an act entitled^ ''an act to amend
an act entitled an act for levying and collecting a tax
on land,'' passed the 24/A of December, 1814.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that so
much of the first section of the said recited act, as makes
\t the duty of the territorial auditor, to apply for or pro-
cure from the several Registers of the land offices in this
territory, abstracts of all lands by them sold to individ-
uals, the same is hereby repealed. This act to take ef-
fect from and after its passage.
- GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
AppROVED-^January 11, 1817.
NINIAN EDWARDS.
( 43 )
AN ACT to provide for the collection of the county levy
and territorial tax, in the county of Gallatin, for the
year 1816.
BE it enacted by the Legislative Council and House
of Representatives of Illinois territory, and it is
hereby enacted by the authority of the same, that the
lists of taxable property and land tax, made by the coun-
ty treasurer of the county of Gallatin, for the year 1816,
be, and the same is hereby declared to be legal, and he
shall be entitled to the same compensation therefor, as if
the same had been done within the time prescribed by
law.
Sec. 2. Be it further enacted. That the sheriff of
said county is hereby authorised and empowered to col-
lect the taxes of said county for the year one thousand
eight hundred and sixteen, in the same manner as if the
lists had been delivered to him agreeably to law; and it
shall be his duty to settle for the same on or • before the
first day of July next. This act to be in force from and
after its passage.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved — January 11, 1817.
NINIAN EDWARDS.
AN ACT for the appointment of Circuit Attornies.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that there
shall be appointed to each judicial circuit of this territo-
ry, a prosecuting attornew, who shall be styled and called
"Circuit Attorney;" and it shall be the duty of the said at-
tornies to prosecute all in cases according to law.
Sec. 2. Be it further enacted. That it shall be the du-
ty of the said circuit attornies in their respective circuits
( 44 )
to keep a journal or memorandam of all cases arising
within their respective circuits; in the prosecution of
which, there shall appear to be any defect in the criminal
laws of the territory, and make a report of all such appar-
rent defects to the legislature annually, for the purpose of
•enabling them to make such amendments as will tend to
perfect our criminal code.
Sec. 3. Be it further enacted, That it shall be the
duty of the said circuit attornies, to do and perform all
the duties now enjoined on the prosecuting attornies of
this territory, and as a compensation for their servi-
<5es, they shall receive eighty dollars, quarter yearly out
of the public treasury, and they shall also receive the sum
of ten dollars in all prosecutions for felony, when the par-
ty prosecuted shall be convicted, for each and every per-
son prosecuted, and for every indictment or presentment,
where the oflFence shall not amount to felony, where the
party prosecuted shall be convicted, for every person so
prosecuted, the sum of five dollars.
Sec. 4. Be it further enacted, That when the said
circuit attornies, respectively shall be unable to attend to
discharge their official duties, they shall have the right,
and are hereby empowered to appoint, under their hands
and seals, a deputy to act in his stead, who shall be enti-
tled to the same fees, and the rights and privileges in
court, that the said circuit attornies themselves would
have.
Sec. 5. Be it further enacted. That it shall be the du-
ty of the said circuit attornies, to take the usual oaths of
office prescribed by law to be taken by all officers in this
territory.
This act to take eflFect from and after the passage.
SETH GARD,
Speaker of the House of Representatives, pro tempore.
PIERRE MENARD,
President of the Legislative Coujicil.
Approved — January 11, 1817.
NINIAN EDWARDS.
( 45 )
AN ACT altering the mode of taking in lists of takable
property,
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 lists
of taxable property in this territory shall hereafter be ta-
ken in and ascertained in the form and manner following,
viz:
That the county courts of every county, shall at their
first court after the first day of January yearly and every
year appoint some fit person in each township within the
county, to receive and take in all lists of taxable proper-
ty, subject to county and territorial tax within the same;
and each person so appointed by virtue of this act, for the
purpose of taking in lists of taxable property, shall before
he begins to exercise the duties of his office, take and
subscribe to the following oath or affirmation, before some
justice of the peace: "I, A. B. do solemnly swear or
affirm, as the case may be, that I will to the best of my
knowledge, diligently and faithfully execute the duties of
a commissioner to which I am appointed agreeably to law,
without favor or affection or partality, so help me God."
A certificate of which oath so taken and subscribed,
shall be transmitted by the justice administering the
same to the clerk of the county court, whose duty it shall
be to file and preserve the same; and the person so ap-
pointed in each township, shall advertise in the respective
townships of their counties, that he will attend on a certain
day, not less than ten days thereafter, at some place that he
may suppose most convenient to the inhabitants within
the same for the purpose of receiving and taking in their
several lists of property subject to taxation. And each
and every person possessing or having the care of pro-
perty subject to taxation within the township, are hereby
reguired to attend at such place or places as said com-
missioner may appoint in manner aforesaid.
Sec. 2. Be it further enacted, That it shall be the du-
ty of the commissioner so appointed by the court afore-
( 46 )
said, to attend at the time and place by him advertised as
aforesaid, and take in and receive lists of taxable proper-
ty, from each and every person who shall attend to give
in the same. And the said commissioner is hereby au-
thorized and required to administer to each person giving
in his or her list of taxable property, the following oath
or affirmation, to wit: "I, A B, do solemnly swearer
affirm as the case may be, that this list contains a true and
perfect account of all persons, and every species of pro-
perty belonging to or in my possession, or care, subject
to taxation, and that no contract, change or removal
whatever of property has been made or entered into, or
any other mode advised or used to evade the payment of
taxes."
Sec. 3. Be it further enacted. That every person sub-
ject to taxation who shall fail or refuse to attend at the
time and pla6e so advertised as aforesaid, for the purpose
of giving in his or her list of taxable property, shall have
ten days given him or her thereafter to attend at the house
of the said commissioner to give in the same, which
shall be received by him in the same manner and form
as if he or she had attended at the time and place appoin-
ed as aforesaid, or to transmit his or her list of taxable
property to the said commissioner accompanied with like
affidavit as is required by this act.
Sec. 4. Be it further enacted, That if any person shall
give, transmit or deliver to the person authorized as afore-
said to receive lists of taxable property, a fraudulent list
of property subject to taxation, or shall fail or refuse to
attend and give in his list on oath or affirmation, or to
transmit the same, or giving or transmitting a fraudulent
list shall be liable to pay a fine of five dollars, and the
person so appointed by the court to receive such list,
shall proceed to list his or her property agreeably to the
best information he can procure, and all such property so
enlisted shall be subject to treble tax, to be collected and
distrained for by the sheriff as in other cases; which fine
and treble tax, shall be recovered in the county court by
( 47 )
by the following mode of procedure, and shall be ap-
plied as hereinafter directed.
Sec. 5. Be it further enacted, That the person so ap^
pointed by the court as aforesaid, shall give information
to the county court in person, if he is able to attend, if
not, in writing, any time before the first day of August
yearly end every year, of all such persons as shall have
80 failed, or given in a false or fraudulent list of their taxa-
ble property, and the said court shall forthwith direct their
clerk to issue a summons requiring the party to attend at
the next term of their said county court, to shew cause,
if any, why he or she shall not be fined and treble taxed
for failing to deliver his or her list, or giving in a false or
fraudulent list as the case may be. And any person or
persons being served therewith by the sheriflFs, may ap-
pear and defend the same, and the court shall proceed to
enquire into and decide the same in a summary way ac-
cording to the justice of the case. And if the defendant
be found guilty by the court, they shall give judgment
and award execution thereon for the fine and treble tax
together with costs; but for good cause shewn, the court
may continue the same until the next term. And on
judgmenj; being given against any delinquent as aforesaid,
the court shall certify the amount to the auditor and she-
riff, who shall collect and account for the same as other
taxes are.
Sec. 6. Be it further enacted. That each person so ap-
pointed to receive lists of taxable property as aforesaid,
after having collected the same in his district in manner as
before described, shall deliver the same to the clerk of the
county court for the said county in which the person gi-
ving in such list of taxable property resides on or before
the first day of June. And the said clerk shall proceed
to make out* therefrom lists in alphabetical order of all
persons and property subject to taxation in the present
usual form, and shall examine said lists, and certify them
to be correct to the different officers entitled to them by
law, and the clerk shall be entitled to the same compensa-
tion, as is already provided for such services.
( 48 )
Sec. 7. Be it further enacted, That the person so ap-
pointed to take in lists of taxable property as aforesaid,
shall be exempt from doing militia duty, working on the
highways or serving as jurors, for one year from and af-
ter the time of his appointmentas aforesaid.
Sec. 8. Be it further enacted, That the persons so
appointed by the county court for the purpose of taking
in lists of taxable property, or the clerk of any such
county court failing to perform any one of the duties im-
posed upon them by this act shall be subject to a fine of
not exceeding one hundred dollars to be recovered in the
same way' that is directed by law.
Sec. 9. Be it further enacted. That all laws or parts
of laws, which come within the perview of this act, and
so much of all laws or parts of laws, as creates a county
treasurer, in the several counties in this territory and so
much of any law which allows the prosecuting attorney
the sum of ten dollars for aiding and assisting the sever-
al county courts to settle with the treasurer heretofore ap-
pointed, be, and the same are hereby repealed.
Sec. 10. Be it further enacted. That the sheriffs of
the respective counties, are hereby required to collect and
pay over all monies to the orders of the county courts, in
the same manner that the county treasurers were requir-
ed to do, and shall in all respects perform the same du-
ties that the respective county treasurers were required to
perform so far as is not inconsistent with the preceding
provisions of this act. And the said county treasurers
are hereby required to give up all the books and papers as
well as monies appertaining to their offices respectively to
the sheriflfs of their respective counties in a reasonable
time after the passage of this act. And the said sheriffs
shall receive as a full compensation for their services, as
collectors and county treasurers, out of the county funds
( 49 )
of their counties respectively, ten per cent, on all mon-
ies 80 collected and paid out. This act to be in force
from and after the passage thereof.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approve d— January 11, 1817. ' i
NINIAN EDWARDS.
AN ACT supplemental to act concerning Justices of the
Peace.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, That the
several justices of the peace within this territory, shall
have cognizance in all cases wherein the demand or debt
shall not exceed the sum of forty dollars, in which cases
ttey may give judgment and award execution, knd in all
respects be governed by the laws now in force in this ter-
ritory regulating the jurisdiction of justices of the j)eacey
except so much of the tenth section of the law passed
the twenty-fourth day of December, one thousand eight
hundred and fourteen, which gives the said justices ju-
risdiction of twenty dollars only; which section or so
much of it as comes within the perview of this act, be
and the same is hereby repealed.
Sec. 2. Be it further enacted. That in all cases where
the debt or demand shall exceed twenty dollars, it shall
be the duty of said justice of the peace to hold his court
monthly, and either plaintiff or defendant shall be enti-
tled to a trial by jury, by giving notice either personally
or in writing to the said justice of the peace five days
previous to the day of trial; and it shall be the duty of
the said justice on receiving such notice, to issue his ve-
nire directing the constable to summon twelve good and
lawful men to attend to try the suit or suits before him de-
pending, noting the day on which the same is to be tried;.
G
-4
( 50 )
and the party at whose request the jury may have been
summoned, shall pay to each juror who shall attend to try
the cause, the sum of fifty oents; but should the plain-
tiff and defendant both request a jury and give notice as
is required by this act, then and in that case, the jury
fees shall abide the event of the suit, and be taxed in a
\ bill with other costs; and the justice of the peace shall
be entitled to fifty cents for summoning and swearing the
jury; and the constable shall be entitled to twelve and an
half cents for serving on eaqh juror, and milage to the
most distant place of service on one precept.
Sec. 3 Be it further enacted, That appeals taken
frsm the judgment of a justice of the peace in this ter-
ritory, shall be tried in the county courts, and shall in all
cases be proceeded on as is now directed by law. This
act to be in force from and after its passage.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD.
President of the Legislative Council.
Approve d — January 11, 1817.
NINIAN EDWARDS.
AN ACT concerning the courts of Jackson county.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that the
respective courts for the county of Jackson, shall hereaf-
ter be holden at the town of Brownville, and not at the
house of Nathan Davis, as was heretofore required by
law. This act to be in force from and ufter its passage.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Covncil.
Approve d — January 1] , 1817.
NINIAN EDWARDS.
( 51 )
AN ACT to authorize the collection of monies due from
the citizens of Bond and Crawford counties to the
counties of Madison and Edwards, and for other pur-
poses,
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
monies or arrearages of taxes due, which it would have
been the duty of the sheriffs of Madison and Edwards
counties to have collected in the new counties of Bond
and Crawford, had those counties not have been establish-
ed, shall be collected in the same manner by the said
sheriffs of Madison and Edwards, as though said coun-
ties had not been stricken off ; and it shall be the duty of the
clerks to issue executions on all judgments now render-
ed, or which may hereafter be rendered in the said coun-
ties of Madison and Edwards, against the citizens of the
said counties- of Bond and Crawford.
Sec. 2. And be it further enacted. That it shall be
the duty of the clerks of the circuit and county courts in
said counties to issue process in suits that have been
instituted in the said courts, to compel the attendance of
witnesses at the trial of said causes, in the same manner
that they would have done, if those counties had not been
erected; and it shall be the duty of the sheriffs of the
said counties of Madison and Edwards, to execute the
same.
Sec. 3. And be it further enacted. That it shall be
the duty of the clerks of the circuit courts, in those coun-
ties in which the circuit courts have been heretofoi'e ex-
tended, and to which any portion of any county in which
the said circuit courts were not established was attached,
to issue process in all cases in those counties or pirts of
counties, to procure the attendance of witnesses to attend
the trial of any causes now depending in said circuit
courts, and to issue all process necessary to the final and
ultimate determination of all suits that remain in any wise
undetermined in the said counties; and it shall be the
( 52 )
duty of the sheri£Fs of those counties from which such pro-
cess issued, to execute and return the same as heretofore.
This act to take eflFect from and after its passage.
GEO. FISHEK,
Speaker of the House of Bepreseniatives.
PIEKRE MENARD.
President of the Legislative Council
Approved — January 11, 1817.
NINIAN EDWARDS.
AN ACT making appropriations for the year 1817, and
for other purposes.
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that the
same contingent fund shall be allowed, and subject to be
appropriated in the same manner that was allowed for the
year 1816.
Sec. 2. Be it further enacted, That there shall be paid
out of the territorial treasury, on the warrant of the audi-
tor of public accounts, to each member of the legisla-
tive council and house of representatives, the sum of three
dollars per day for each day's attendance at the present
session of the legislature, and at the rate of three dollars
for every twenty miles travel to and from the seat of go-
vernment to their places of residence by the most usual
road.
To the secretary of the legislative council and clerk of
the house of representatives for their services at the pre-
sent session, the sum of four dollars per day for every
day's attendance at the present sessiork : And to the en-
grossing and enrolling clerk, the sum of four dollars per
day: And to the door keeper of both houses, three dol-
lars per day for each day's attendonce at the present ses-
sion.
Sec. 3. Be it further enacted. That the compensation
which may be due to the members and officers of the le-
gislative council, shall be certified by the secretary there-
( 53 )
of; and the secretary's by the president thereof. And
that which may be due to the members of the house of
representatives, including the enrolling clerk and door-
keeper, by the clerk thereof; and the clerks by the spea-
ker thereof; which certificate shall be sufficient evidence
to the auditor of the claim, and he shall thereupon issue
a warrant or warrants to the person so entitled on the ter-
ritorial treasury for the amount of his certificate, which
warrants as well as all other warrants, shall draw interest
until paid at the treasury.
Sec. 4. Be it further enacted. That the following shall
continue for one year, commencing on the first day of
January, eighteen hundred and seventeen, to be the sala-
ries of certain officers, as follows to wit: To the auditor of
public accounts, the sum of three hundred dollars; to the
territorial treasurer, the sum of two hundred dollars.
Sec. 5. There shall be paid out of the general fund
to the following persons, the following sums to wit:
To William Morrison, for house rent furnished the pre-
sent session, the sum of one dollar and fifty cents per day :
To Hugh H. Maxwell, the sum of fifteen dollars twenty
five cents for stationary &c. for the use of the legislature:
- to Michael Beavienue for wood furnished the legislature,
twenty-one dollars twenty-five cents; to William C.
Greenup, for a seal furnished the court of appeals, twen-
ty-five dollars, which, if paid by the United States, shall
be refunded to the territory: to William Bennet for
house rent and fire wood, for two days during the pre-
sent session, the sum of two dollars per day: to Isaac
Basey for his services as door-keeper, for the two first
days of the present session, the sum of three dollars per
day: to Samuel Omelvany for taking a list of persons
subject to a poll tax in the county of Gallatin for the
year 1813, $34: to Daniel P.Cook, auditor of public ac-
counts for postage on public papers transmitted to his
office, the sum of seven dollars and fifty cents: to Wil-
( 54 )
liam Morrison for stationary, six dollars; to Hugh H
Maxwell, for acting as auditor for twelve days during the
last session, forty dollars.
This act to take effect from and after its passage.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved — January 13, 1817.
NINIAN EDWARDS.
AX ACT defining the duties of clerks in granting let-
ters of administration and for other purposes,
WHEREAS it has been represented to this legisla-
ture, that sundry persons under the present existing-laws
of the territory have taken out letters of administration
on the estate of other persons, who were actually living;
and whereas much inconvenience may arise to the good
people of this territory in consequence of such a mode
of proceeding: for remedy whereof,
BE it enacted by the Legislative Council and House
of Representatives of Illinois territory, and it is
hereby enacted by the authority of the same, that it shall
be the duty of the several clerks of the county courts in
this territory, who are or shall hereafter be authorised to
grant letters testamentary or letters of administration, to
require the persons applying for such letters testamentary
or letters of administration, to make proof that the person
on whose estate he, she or they are about to administer,
is actually dead, which proof may be made either by the
oath or affimation of some creditable witness or witnes-
ses, or by the oath or affirmation of such applicant.
Sec. 2. And be it further enacted, That if any clerk
shall grant letters testamentary or letters of administration
without first taking such proof of the death of any de-
cedent, the said clerk so offending, shall forfeit and pay
the sum of five hundred dollars, one half for the use of
( 55 )
the territory, and the other to the person sueing for the
same, and be liable to a suit for damages to double the
amount of the estate so administered on, to be recovered
in any court having competent jurisdiction thereof.
Sec. 3. Be it further enacted, That if any person or
persons, shall fraudulently obtain any letters testamentary
or letters of administration, by making a false statement,
er by causing any person to make such false statement
for them, every such person shall be deemed guilty of
perjury, and be punished accordingly; and all such let-
ters testamentary and letters of administration, that shall
be so fraudulently obtained, shall be considered null and
void.
This act to commence and be in force from and after
its passage.
GEO. FISHER,
Speaker of the House of Representatives.
PIERRE MENARD,
President of the Legislative Council.
Approved — January 14, 1817.
NINIAN EDWARDS.
^^Y ACT to explain the law regulating sheriffs fees in
certain cases.
WHEREAS doubts have arisen as to the construction
of the laws allowing commission to sheriffs and fees for
levying executions: for remedy whereof,
BE it enacted by the Legislative Council and House
of Representatives of the Illinois territory, and it
is hereby enacted by the authority of the same, that for
levying every execution the sheriff levying the same shall
be allowed fifty cents, for proceeding to sell, if the pro-
perty be actually sold, the commission to the sheriff shall
be five per centum on the first three hundred dollars, and
two per centum on all sums above that, and one half of
such commission when the money is paid to the sheriff
( 56 )
without seizure, or where the lands and goods seized or
taken shall not be sold. This act to be in force from and
after its passage.
GEO. FISHER,
Speaker of the House of Representative's.
PIERRE MENARD.
President of the Legislative Council,
Approved, January 14, 1817.
NINIAN EDWARDS.
^tmolntionm
Resolution respecting the distribution of the Laws and
Journals of this session.
Resolved, By the Legislative Council and House
of Representatives of the Illinois territory, That it shall
be the duty of the Secretary of the territory, to ascer-
tain the number of oflScers entitled to the laws of the
territory in each county, and forward the same number
[ of the laws of this territory, passed at the present ses-
\ sion, to each clerk of the county courts respectively,
with instructions to such clerks to distribute them a-
mongst said officers. And it shall be his duty also to
: send to each county such number of the journals as
they may be respectively entitled to in proportion to the
number of voters in each county as appeay s by the last
election returns filed in his office, which shall be forward-
ed so soon as they are deposited in his office. And it
shall be the duty of the clerks respectively to distribute
the same amongst the inhabitants of each township of
their respective counties.
GEO. FISHER,
Speaker of the House of Representatives,
PIERRE MENARD,
President of the Legislative Council,
Approved, January 14, 1817.
NINIAN EDWARDS.
H
( 58 )
Resolved, By the Legislative Council and House of
Representatives of the Illinois territory, that Elias K.
Kane, esq. be and he is hereby appointed to superintend
the printing of the laws of this session of the Legisla-
ture, and to furnish a copy thereof for the printer; and
it shall be his further duty to place an index to the same.
And it shall be the duty of Messrs. Cook & Black well,
to procure a certificate from the secretary of the territo-
ry of their having printed and delivered in his office the
number of copies, both of the journals and laws which
they have contracted to print, and it shall be the duty of
the secretary to estimate what they shall be entitled to,
and certify the same to the auditor, who shall issue his
warrant for that amount, on the territorial treasury.
GEO. FISHEE,
Speaker of the House of Representatives,
PIERRE MENARD,
President of the Legislative Council
Approved, January 14, 1817.
NINIAN EDWARDS.
TABLE OF CONTENTS.
PAGE.
AN ACT to establish the name of the town now called
'*Carthage," in the county of Monroe Illinois terri-
i tory, - - - - - - - 3
> To amend an act entitled, "an act to encourage the kil-
ling of Wolves," 4
For the relief of the county courts of Edwards and Gal-
latin, - lb
Providing for the alteration and establishment of the
county seat of Justice in Johnson county, - 5
For the relief of Augustin Penceneau and Adalaide,
his wife, - 8
To prevent attornies at law residing in the state of Indi-
ana from practicing in the courts in this territory, 9
To alter a part of the lines between the counties of Gal-
latin and Pope, - - - . - - 10
To incorporate the president, directors and company of
the Bank of Illinois, 11
Supplemental to an act, entitled, "an act concerning
executions, ----.---19
For the division of Edwards county, - - - 21
Supplemental to an act entitled, "an act for the relief of
persons imprisoned for debt," - - 23
To establish Inspections within this territory, - 25
To regulate the practice in certain cases, - - 27
Forming a new county out of the county of Madison, 28
Regulating and defining the duties of the United States'
Judges, for the territory of Illinois,* - - - 31
Supplemental to an act entitled, "an act regulating and
defining the duties of the United States' Judges, for
the territory of Illinois," _ . . 39
Regulating the time of holding the county courts, 41
To authorize the governor to organize the militia of
Edwards and Crawford counties, - - 42
To amend an act entitled, "an act to amend an act enti-
tled an act for levying and collecting a tax on land,"
passed the 24th December, 1814. - - ib
To provide for the collection of the county levy and
( 60 )
territorial tax, in the county of Gallatin, for the year
1816, - -43
For the appointment of circuit attornies, - - ib
Altering the mode of taking in lists of taxable property, 45
Supplemental to an act concerning Justices of the
peace, ---------49
Concerning the courts of Jackson countyj - 50
To authorize the collection of monies due from the citi-
zens of Bond and Crawford counties, to the counties
of Madison and Edwards, and for other purposes, 51
Making appropriations for the year 1817, and for other
purposes, - - - - - 52
Defining the duties of clerks in granting letters of ad-
ministration and for other purposes, - - 54
To explain the law regulating sheriflPs fees in certain
cases, - -55
Resolutions, ------- -57
J
i
/
L.
(
I
i!
/
'
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11