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Full text of "Pope's digest, 1815"

COLLECTIONS 

OF THE 

ILLINOIS STATE HISTORICAL 
LIBRARY 



EDITED BY 

THEODORE CALVIN PEASE 

UNIVERSITY OF ILLINOIS 



VOLUME XXX 



ILLINOIS SI ATE LlBrlARY 



ILLINOIS 
STATE HISTORICAL LIBRARY 



BOARD OF TRUSTEES 

Oliver Rogers Barrett, President 
Lloyd Downs Lewis, Vice President 
Irving Dilliard, Secretary 



Paul McClelland Angle, Librarian 
Theodore Calvin Pease, Editor 



ADVISORY COMMISSION 

Evarts Boutell Greene 

William Edward Dodd 

James Alton James 

Andrew Cunningham McLaughlin 

Theodore Calvin Pease 



LAW SERIES 

VOLUME IV 



POPE'S DIGEST 

1815 

VOL. II 



COLLECTIONS OF THE ILLINOIS STATE HISTORICAL LIBRARY 
VOLUME XXX 



LAW SERIES, VOLUME IV 

POPE'S DIGEST 

1815 

VOL. II 



Edited by 

FRANCIS S. PHILBRICK 

Professor of Law, University of Pennsylvania 



3 1129 00244 3596 



Published by the Trustees of the 
ILLINOIS STATE HISTORICAL LIBRARY 

SPRINGFIELD, ILLINOIS 



Copyright, 1940 

BY 

The Illinois State Historical Library 



PREFACE 

This is the second and concluding volume of Pope's Digest, the 
first volume of which was published in 1938 as volume 28 of the 
Illinois Historical Collections. 

In the preface to the first volume of Pope's Digest I acknowledged 
my great indebtedness to Professor Theodore C. Pease and the 
members of his staff. In the preparation of this volume I have 
received the same generous and efficient assistance that I enjoyed 
while at work on its predecessor, and it is a pleasure to repeat here, 
with emphasis, my earlier expression of thanks. 

Incidentally to the preparation of these volumes of Pope's Digest, 
and the volume on the Statutes of Illinois Territory (1809-1818) 
which will follow them, the editor has examined almost all of 
the extant court records, down to 1830, in thirteen counties of 
the State — Bond, Crawford, Edwards, Gallatin, Johnson, Madison, 
Monroe, Pope, Randolph, St. Clair, Union, Washington, and White. 
The footnotes to the Introduction in volume I of this work reveal 
my indebtedness to the records of all these counties. Particular 
acknowledgments for kindnesses exceeding official courtesies were 
made in the preface to volume 21 of these Collections to the clerks 
of Randolph and St. Clair, to which counties long and repeated 
visits were made. In other counties the records were relatively 
scanty and my visits short. Special acknowledgments may perhaps 
properly be made to Mr. James S. Gregg, Clerk of the Circuit 
Court, and Mr. Victor Pearce, County Clerk, of Gallatin County; 
and to the son of the former, Mr. Harry Gregg. For the courtesies 
shown me by the custodians of the records in all other counties, 
however, I wish to offer my cordial and appreciative thanks. It is 
an interesting fact that the sole docket of a justice of the peace 
anywhere discovered by me (that of John Marshall, for 1818) 
was found in Shawneetown in private ownership. The late F. E. 
Robinson, who then owned the docket, was kind enough to give 
me permission to examine it. 

As in volume I, the general style of the original edition has been 
followed as nearly as possible. Original pages have been reproduced 



line for line, including running heads and page numbers. Typo- 
graphical errors in the copy have also been included. For numbering 
the text as a whole, the drop folio has been used. 

I have been asked to state that while this volume was in press, 
Mr. Paul M. Angle succeeded to the editorship of the Illinois 
Historical Collections. Final proofs were corrected, and the index 
prepared, under Mr. Angle's supervision; all other such work was 
performed by Dr. Theodore C. Pease and his staff. 

Francis S. Philbrick 



CONTENTS 

Pope's Digest i 

Index to Volume II 435 

Bibliography 48 1 

General Index 487 



LAWS 

OF THE 
ILLINOIS TERRITORY. 



VOLUME II 



LAWS 

OF THE 

TERRITORY 

OF 

ILLINOIS, 

REVISED AND DIGESTED. 
UNDER THE 

AUTHORITY 

OF THE 

LEGISLATURE, 

***************** **** 
BY NATHANIEL POPE. 

***************** **«* 

VOLUME 11. 



KASKASKIA: 

PRINTED BY 

MATTHEW DUNCAN 

PRINTER TO THE 

Territory. 

July, 4th, 1815. 



LIST OF THE ACTS 

PUBLISHED 

IN THE 2d, VOLUME. 



1807 — Sept. 17. — An act organising courts 

of common Pleas. 305 

1812 — Dec. 19. — An act regulating the courts 
of common pleas, and fixing the times of 
holding terms in the several counties. 311 

1813 — Dec. 10. — An act regulating the 

General court. 312 

1814 — Dec. 13. — An act establishing a su- 
preme court for Illinois territory. 333 

1814 — Dec. 22. — An act supplemental to an 
act entitled an act "to establish a supreme 
court for Illinois territory. 343 

" Dec. 19. — An act concerning county courts. 345 

" Dec. 24. — An act supplemental to an act 

entitled "an act concerning county courts. 348 

1807 — Sept. 17. — An act concerning clerks 

of courts. 349 

1810 — March 3. — ^A law concerning grand 

jurors, adopted from the Kentucky code. 351 



1812 — Dec. 25. — An act concerning grand 
jurors. 



353 



viii LIST OF ACTS. 

1807 — Sept. 17. — ^An act for the appointment 
of justices of the peace within the several 
counties of the territory and therein, of their 
duties and powers. 353 

" An act establishing courts for the trial of 

small causes. 337 

1808 — Oct. 25. — An act to amend an act 
entitled "an act establishing courts for the 
trial of small causes. 373 

1814 — Dec. 24. — An act concerning justices 

the peace. 377 

1807 — Sept. 17. — An act regulating Mar- 
riages. 393 

An act establishing and regulating the 
militia. 396 

1811 — June 17. — A law concerning the militia; 
adopted from the militia law of South Car- 
olina. 442 

1812 — Dec. 25. — An act supplemental to the 

several laws concerning the militia. 443 

1812 — Dec. 26. — An act to amend the mili- 
tia law of this territory. 444 

1813 — Dec. 1. — An act supplemental to an 
act entitled "an act to amend the militia 
law of this territory. 445 

1814 — Dec. 14. — An act concerning the 

militia. 447 



LIST OF ACTS. ix 

1807 — Sept. 17. — An act regulating grist 

mills and millers. 453 

1812 — Dec. 25. — An act to amend an act 
entitled "an act regulating grist mills and 
millers, and for other purposes." 462 

1807 — Sept. 17. — An act for regulating the 

interest of money. 464 

An act concerning the introduction of ne- 
groes and mulattoes into this territory. 467 

1814 — Dec. 22. — An act concerning negroes 

and mulattoes. 472 

1813 — Dec. 8. — An act to prevent the mi- 
gration of free negroes and Mulattoes into 
this territory and for other purposes. 474 

1807 — Sept. 17. — An act regulating notaries 

publick. 477 

" An act concerning persons conscientiously 
scrupulous to take an oath in the common 
form. 479 

" An act respecting oaths of oflScej 481 

1814 — Dec. 22. — An act empowering the 
clerks of the supreme court to administer 
oaths in certain cases and for other purpo- 
ses. 



482 



1811 — ^Jan. 24. — An act concerning occupy- 
ing claimants of land, adopted from the 
Kentucky code. 485 

B 2d, vol. II. 



X LIST OF ACTS. 

1811 — Jan. 23. — An act concerning the pow- 
ers of the governor of the territory of Illinois 
adopted from the constitution of the state of 
Pennsylvania. 493 

1807 — Sept. 17. — An act for the partition of 

land. 494 

1807— Sept. 17.— A law for the relief of the 

poor. 497 



An act giving remedies in equity in certain 
cases. 



521 



An act regulating the practice in the gene- 
ral court and court of common pleas and 
for other purposes. 522 

1813 — Dec. 9. — An act to regulate proceed- 
ings in civil cases and for other purposes. 538 

1814 — Dec. 24. — An act to amend an act en- 
titled "an act to regulate proceedings in civ- 
il cases and for other purposes. 543 

" Dec. 19. — An act concerning certioraries. 545 

1808 — Oct. 25. — An act in addition to an act, 
entitled "an act regulating the practice in ' 
the general court and courts of common 
pleas, and for other purposes. 546 

" Oct. 22. — An act supplemental to an act 
entitled "an act regulating the general court 
and courts of common pleas, and for 
other purposes. 547 



8 



LIST OF ACTS. xi 

1812 — Dec. 25. — An act supplemental to an 
act regulating the practice of the general 
court and common pleas, and for other pur- 
poses. 549 

An act concerning frauds. 550 

1807 — Sep. 17. — An act concerning debtors 
and their securities and to empower securi- 
ties to recover damages in a summary way. 552 

1807 — Sep. 17. — An act regulating prisons 

and prison bounds. 558 

1809 — July 22. An act to authorise the guar 
ding of county Jails adopted from the Ken- 
tucky code. 563 

1807 — Sep. 17. An act defining and regula- 
ting privilege in certain cases. 564 

A law establishing the recorders office, and 

for other purposes. 567 

1812 — Dec. 25. — An act for the removal and 
safe keeping of the ancient records and pa- 
pers in this territory. 575 

1807 — Sep. 17. — An act for the appointment 

of an auditor and territorial treasurer. 576 

1812 — Dec. 23. — An act for levying and col- 
lecting a tax on land. 581 

" Dec. 25. — An act authorising the appoint- 
ment of county commissioners and for othe 
purposes. 588 



xii LIST OF ACTS 

1813 — Dec. 11. — An act for levying and col- 
lecting an additional revenue and to amend 
the act for levying and collecting a tax on 
land. 593 

1814 — Dec. 14. — An act supplementary to an 
act entitled "an act for authorising the ap- 
pointment of county commissioners and for 
other purposes, passed the 25th day of 
December 1812. 594 

1814 — Dec. 1. — ^An act to repeal part of an 
act entitled "an act for levying and collect- 
ing a tax on land. 595 

Dec. 22. — An act for levying and collecting 

a tax on billiard tables. 596 

" Dec. 24. — An act to amend an act entitled 
"an act for levying and collecting a tax on 
land. 597 

An act appointing a county treasurer and de- 
fining the duties of collectors and treasurers. 600 



Dec. 8. — An act for the relief of those who 
forfeited lands by failing to give a list to the 
commissioners. 



605 



1807 — Sep. 17. — An act to authorise the 
courts of counties within this territory to draw 
on the county treasurer for the services and 
expenses therein mentioned. 606 

" A law to regulate county levies. 608 

An act laying a tax on law process. 625 

10 



LIST OF ACTS. xHi 

1809 — July. 20. — A law to repeal "an act to 
alter and to repeal certain parts of an act enti- 
tled a law to regulate county levies. Also to 
amend and alter the said law entitled a law to 
regulate county levies," and to enforce the 
collection of the county levies for the year 
1809. 626 

1807 — Sep. 17. — An act for opening and reg- 
ulating public roads and highways. 628 

1808 — Oct. 14. — An act to amend an act en- 
titled "an act for opening and regulating 
public roads and highways. 644 

1807 — Sep. 17. — An act concerning servants. 646 

1808 — Oct. 25. — An act to amend an act en- 
titled "an act concerning servants and for 
other purposes. 653 

1807 — Sep. 17. — An act for the establishing of 
the office of sheriff and for the appointment 
of sheriffs. 654 

" An act regulating the duties of sheriffs and for 

other purposes. 656 

1810 — Feb. 26. — An act prescribing the duty 
of sheriffs in a certain case, adopted from 
the Georgia code. 660 

1807 — Sep. 17. — An act for the appointment 
of surveyors and their deputies and for al- 
lowing them fees. 662 

" An act to license and regulate taverns. 667 

11 



xiv LIST OF ACTS. 

1807 — Sep. 17. — An act to authorise and re- 
quire the courts of common pleas to divide 
the counties into townships and to alter the 
boundaries of the same when necessary. 673 

181-^1 — Dec. 15. — An act concerning the town 

of Kaskaskia. 674 

" Dec. 19. — An act concerning the establish- 
ment of towns. 676 

Dec. 8. — An act concerning the town of 
Shawnoe town. 680 

1807. — Sep. 17. — An act concerning trespas- 

ing animals. 685 

" An act to prevent trespassing by cutting 

of timber. 690 

" Sept. 14. — An act concerning vagrants. 694 

1807 — Sept. 14. — An act for the prevention 

of vice and immorality. 698 

" An act regulating weights and measures. 709 



12 



PRINCIPAL MATTERS CONTAINED 
IN THIS VOLUME. 

Judiciary. 305 

Jurors 351 

Justices of the peace. 353 

Marriages 393 

Militia 396 

Mills and Millers 453 

Money 464 

Negroes and Mulattoes 467 

Notary Public. 477 

Oaths 479 

Occupancy. 485 

Pardon 493 

Partition of land 495 

Poor. 497 

Practice 521 

Prison and prison bounds. ..... 556 

Privilege. 564 

Recorder 567 

Revenue 576 

Roads. 628 

Servants 646 

Sheriffs 654 

Surveyors. 662 

Taverns. . 667 

Townships. . 673 

Towns, ........ 674 

Trespass. 685 

Vagrants 694 

Vice and immorality. 698 

Weights and Measures. 709 



14 



JUDICIARY. 



JUDICIARY. 



AN ACT 

Regulating and defining the duties of the Uni 
ted States' Judges for the territory of Illi 
nois. 

Passed March 3, 1815. 



Sec. 1, Be it enacted by the Senate and 
House of Representatives of the United States 
of America in Congress assembled, That the 
Illinois territory shall be divided into three 
circuits in the manner and for the purposes 
hereinafter mentioned. 



Ills tery 
divided into 
3 circuits 



Sec. 2. And be it further enacted, That 
the counties of Madison and St. Clair shall 
compose the first circuit, the counties of Ran- 
dolph and Johnson shall compose the second 
circuit, and the counties of Gallatin and Ed- 
vi^ards shall compose the third circuit. 



How divided 



Sec. 3. And be it further enacted, That the 
judges heretofore appointed, or v\^hich may 
hereafter be appointed for the Illinois territory 
under the authority of the government of the 
United States, shall previous to the time pre- 
scribed by this act for holding the first court, 
in the said territory, proceed to allot amongst 



judges shall 
annually al- 
lot amongst 
themselves 
for circuit, 
which allot- 
ment shall 
be recorded. 



C 3 vol. II. 



15 



xviii JUDICIARY. 

themselves the circuit in which they shall res- 
pectively preside, w^hich allotment shall con- 
tinue in force for and during the term of one 
year thereafter, and such allotment shall be an- 
nually renewed, and which allotment in writing 
signed by the said judges 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 have been made. 



Judges shall 
hold annual- 
ly two terms 
in each coun 
ty, at what 
times? the 
style of the 
courts, shall 
be circuit 
court. — 



Sec. 4. And be it further enacted, That it 
shall be the duty of the said judges respectively 
to hold two terms annually in each county in 
their respective circuits in conformity with the 
preceding sections of this act, which shall 
commence at the times hereinafter mentioned, 
that is to say, in the county of Madison on the 
last Mondays in May and September, in the 
county of St. Clair on the second Mondays in 
June and October, in the county of Randolph 
on the third Mondays in June and October, in 
the county of Johnson on the fourth Mondays 
in June and October, in the county of Gallatin 
on the first Mondays in July and November, 
and in the county of Edwards on the second 
Mondays in July and November, in each year, 
and the said courts shall be styled circuit courts 
for the counties in which such courts shall be 
held respectively. 



The courts 
shall be held 
at the court 
house. 



Jurisdiction 
of Cir. Court 



Sec. 5. And be it further enacted. That the 
said courts shall be holden at the respective 
court houses of said counties and the said 
judges respectively shall in their respective 
circuits, have jurisdiction over all causes mat- 
ters or things at common law or in Chancery, 
arising in each of said counties, except in cases 
where the debt or demand shall be under 



16 



JUDICIARY. 



twenty dollars, 
no jurisdiction. 



in which cases thev shall have 



Sec. 6. And be it further enacted, That the 
said judges shall be conservators of the peace, 
and the said 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 necessary to the execution of the power 
with which they are or may be vested. 



Power of the 
judges in 
term & va- 
cation. 



Sec. 7. And be it further enacted, That 
the said circuit courts respectively shall have 
power to hear and determine all treasons, 
felonies and other crimes, and misdemeanors 
that may be committed within the respective 
counties aforesaid, and that may be brought 
before them respectively, by any rules or regu- 
lations prescribed by law. 

Sec. 8. And be it further enacted. That 
all suits shall be tried in the counties in which 
they originate, unless in cases that are or may 
be specially provided for by law. 



Cir. courts 
power to de- 
termine up- 
on all crimes 



Suits to be 
tried in the 
counties 
where they 
originate. 



Sec. 9. And be it further enacted. That if 
the circuit 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. 



Absence of a 
judge at a 
term. 



Sec. 10. And be it further enacted, That When the 

if either a circuit court, or the court hereinafter court does 

mentioned shall not set in any term or shall not j^gj „ot 
continue to set the whole term, or before the 



17 



XX JUDICIARY. 

end of the term shall not have heard and deter- 
mined all matters and things depending in court, 
undetermined shall stand continued until the 
next succeeding term. 



When 
the court 
does not sit 
after being 
opened. 



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 
been opened, there shall be no discontinuance, 
but so soon as the cause is removed the court 
shall proceed to busines until the end of the 
term if the business depending before it be not 
sooner dispatched. 



Sec. 12 And be it further enacted, That 
the judicial term of the said circuit courts 
Jud cial term shall consist of six days in each county, during 
6 days. which time the court shall set unless the busi- 

ness before it shall be sooner determined. 



Cieric shall 
be appd. by 
court 



Sec. 13. And be it further enacted, That 
a clerk shall be appointed by the said circuit 
courts respectively in each county, whose duty 
it shall be to issue process in all causes origina- 
ting in his county, to keep and preserve the 
records of all the proceedings of the court 
therein, and to do and perform in the county 
all the duties which may be enjoined on him 
by law. 



Suits depen 
ding in com, 
pleas Dec 
31st. 1814 
contd. in 
cir. court 



Sec. 14. And be it further enacted, That 
in the cases that were on the thirty first day of 
December in the year eighteen hundred and 
fourteen, depending in the courts of Common 
Pleas in the respective counties, the parties or 
their attornies shall be permitted to take all 
such measures for bringing them to trial that 
might have been taken if no change had taken 
place, and the said circuit courts respectively 



18 



JUDICIARY. xxi 

shall as far as possible proceed to the trial 
thereof in the same manner that the said courts 
of Common pleas might legally have done, 
had no other change than a mere alteration of 
the terms taken place. 



Sec. 15. And be it further enacted, That 
the said judges appointed as aforesaid or a 
majority of them shall constitute a court to be 
styled, the court of Appeals for Illinois terri- 
tory, and shall hold two sessions annually at 
Kaskaskia, which shall commence on the first 
Mondays in March and August in every year, 
and continue in session until the business be- 
fore them shall be compleated, which court 
shall have appellate jurisdiction only, and to 
which appeals shall be allowed, and from which 
writs of error according to the principles of the 
common law, and conformably to the laws and 
usages of the said territory, may be prosecuted 
for the reversal of the judgments and decrees 
as well of the said circuit courts, as of any in- 
ferior courts which now are or hereafter may be 
established by the laws of the said territory. 



Court of Ap- 
peals and its 
jurisdiction 
shati hold 
two terms 
annually at 
Kaskaskia 



Sec. 16. And be it further enacted, That a 
clerk shall be appointed by the said court of 
Appeals, whose duty it shall be to issue pro- 
cess in all cases brought before the said court 
where process ought to issue, and to 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. 



Court of ap- 
peals to ap- 
point its 
clerk 



Sec. 17. And be it further enacted, That 
in all cases that were on the said thirty first day 
of December eighteen hundred and fourteen 
depending in the General court of said territory 



19 



JUDICIARY. 



Suits depend 
ing in geni 
court on 31st 
Dec. 1814 
contd in Ct 
of appeals 



Appeals and 
writs of er- 
ror on mat 
ters of law 
only allowed 



Ter. legisla 
ture may al 
ter the times 
of holding 
the court, 
but not mul 
tiply the 
terms. 



No ter. judge 
shall be asso 
ciated with 
the U States 
judges 



the parties or their Attornies shall be permitted 
to take all such measures, for bringing them 
to a final decision that might have been taken 
if no change had taken place, and the said court 
of Appeals shall as far as practicable proceed 
to the final determination thereof in the same 
manner that the said General court might legal- 
ly have done, had no other change than a mere 
alteration of the terms taken place. 

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 by law, to the 
said court of appeals and all writs of error shall 
be issued by the clerk of 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 decided without the con- 
currence of two judges at least. 

Sec, 19. And be it further enacted, That 
the Legislature of the said territory shall have 
power to change the times of holding any of 
the courts required to be holden by this act; 
Provided however. That the said Legislature 
shall not have authority to increase the num- 
ber of sessions to be held by the said courts 
respectively in conformity with the provisions 
of the preceding sections of this act. 

Sec. 20. And be it further enacted, That 
no judge or justice appointed under the au- 
thority of the government of the said territory, 
shall be associated with the aforesaid United 
States' judges when sitting as circuit judges 
as aforesaid. 



This act to commence & be in force from 
and after the first day of April next. 



20 



JUDICIARY. 



305 



AN ACT 

Organizing courts of Common Pleas, 

Passed Sept. 17, 1807. 

Sec. 1. There shall be a court of re- 
cord in each county in the Territory, to 
be styled and called the court of Com- 
mon Pleas of county, to consist of 
three Judges, any two of whom shall 
form a quorum, to be appointed and 
commissioned by the Governor, the said 
courts shall and may hear & determine 
and sentence according to the course 
of the common law, all crimes and mis- 
demeanors, of whatever nature or kind, 
committed within their respective coun- 
ties, the punishment whereof doth not 
extend to life, limb, imprisonment for 
more than one year, o forfeiture of 
goods and chattels, or lands and tene- 
ments, and they sh 11 also hold pleas of 
Assize ScirefaciaSj Replevins, and hear & 
determine all manner of pleas, suits, 
actions and causes, real personal and 
mixed, according to law. 

Section 2, 3 and 4 are not in force. 

Sec. 5. If the said court shall not be 
opened at the period aforesaid, it shall 

O o 



Courts of 
common 
pleas author 
i ed in each 
county — to 
consist of 3 
Judges — by 
whom to be 
appointed — 
their power 
and duties. 



23 



306 



JUDICIARY. 



In case not 
opened, shff. 
to adjourn. 



be lawful for the sheriff to adjourn the 
said court from day to day, for two 
days, & if the said court shall not then 
be opened, he shall, and is hereby au- 
thorized, to adjourn the said court 'till 
court in course. 



Section 6 is not in force. 



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



Sec. 7. The said Judges, and every 
of them, shall have full power and au- 
thority, in, and out of court, to take all 
manner of recognizances, and obligati- 
ons, which said recognizances and obli- 
gations, shall be made to the United 
States ; and all recognizances for the 
peace, behavior, or for appearance, 
which shall be taken by any of the said 
Judges, out of court, shall be certified 
to the next court of Common Pleas, to 
be holden after the taking thereof, and 
every recognizance taken before any of 
them for suspicions of any manner of 
felony, or other crime, not triable in the 
said court, shall be certified before the 
Judges of the General court, or court of 
Oyer and Terminer, at their next suc- 
ceeding court, to be holden next after 
the taking thereof, without concealment 
of, or detaining or embezzelling the 
same; but in case any person or persons 
shall forfeit his or their recognizance of 
the peace, behavior, or appearance, for 
any cause whatsoever, then the recog- 



24 



JU DI CI A RY. 



307 



nizance so forfeited, with the record of 
the default, or cause of forfeiture, shall 
be sent and certified without delay by 
the Judges of the said court, into the 
General court, or court of Oyer and 
Terminer, as the case may require ; 
that thence process may issue against 
the said parties according to law, all 
which forfeitures shall be levied by the 
proper officers, and go to the Territory. 



Sec. 8. All fines and amercements 
which shall be laid before the Judges of 
the said court of Common Pleas, shall be 
taxed, afiFered and set, duly and truly, 
according to the quality of the ofiFence, 
without partiality or affection; & shall 
be yearly estreated by the clerks of the 
said courts respectively into the General 
court, or court of Oyer and Terminer, 
to the intent that process may be a- 
warded to the sheriff of every county, 
as the case may require, for levjang 
such of their fines and amercements as 
shall be unpaid, to the uses for which 
they are or shall be appropriated. 



Fines to be 
truly taxed, 
and how to 
be yearly est 
reated, judges 
to issue their 
writs or pre- 
cepts to arrest 
persons in- 
dicted in one 
county to an- 
other. 



Sec. 9. To the end that persons in- 
dicted, or outlawed for felonies or o- 
ther offences, in one county, who re- 
move into, or dwell in another county, 
may be brought to justice; it is hereby 
directed that the Judges, or any of 
them, shall, and mav direct their writs 



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



25 



308 



JUDICIARY. 



To issue sub- 
poenas for 
witnesses to 
any county 
in the terri- 
tory. 



To issue de- 
dimuses. 



or precepts, to all, or any of the Sher- 
iffs, or other officers of said counties 
(where need shall be) to take such per- 
sons indicted or out-lawed ; and it shall 
and may be lawful to and for the said 
court to issue forth subpoenas and other 
warrants, (under the seal of the court, 
and signed by the Clerk) into any coun- 
ty or place of this Territory, for sum- 
moning or bringing any person or per- 
sons to give evidence in, and upon any 
matter or cause whatsoever, now or 
hereafter, examinable, or in any ways 
triable by, or before them, or any of 
them, under such pains and penalties as 
subpoenas or warrants of that kind usually 
are, or ought by law to be granted or 
awarded ; they shall have further pow- 
er and authority when, and as often as 
necessity may require, to issue dedimu- 
ses for the examination of witnesses, liv- 
ing in, or moving to a different county, 
under the like rules and regulations as 
dedimuses issuing from the General 
court. 



Appeals liow 
made. 



Sec. 10. If any person or persons 
shall find him or themselves aggrieved 
by the judgment of any of the said 
courts of Common Pleas, it shall and 
may be lawful to, and for the party or 
parties so aggrieved, to appeal from the 
said judgment, under the restrictions and 
regulations of the law to regulate the 



26 



JUDICIARY. 



309 



practice of the General court upon ap- 
peals and writs of error, or to have his 
or their writ or writs of error, which 
shall be granted of course, in manner as 
other writs are to be granted, and made 
returnable to the General court. 



Sec. 11. All writs issuing out of the 
said courts, shall run in the name and 
style of the United States, and bear teste 
in the name of the Clerk, and be dated 
when they issue, and shall be sealed 
with the judicial seal of the said court, & 
made returnable according to law. 



Writs to run 
in name U. 
S. how test- 
ed and dated 



Sec. 12. The judges of the said re- 
spective courts, shall and are hereby 
empowered to grant under the seal of 
the said court, replevins, writs of partition, 
writs of view, and all other writs and 
process upon the said pleas and actions, 
cognizable in the said courts, as occasion 
may require. 



Wliat writs 
to be issued 
by the courts 



Sec. 13. The said courts of Common 
Pleas shall, and are hereby empowered 
to issue forth subpoenas, under the seal 
of the said court, and signed by the 
Clerk into any county or place within 
this territory, for summoning or bringing 
any person or persons to give evidence 
in, or upon the trial of any matter or 
cause, whatsoever depending before 
them, or any of them, under such pains 



Power of 
the court to 
issue subpoe- 
nas, &c. 



Under what 
penalties. 



27 



310 



JUDICIARY. 



Testatum 
writs of ex- 
ecution to be 
issued and 
executed. 



Sheriffs neg- 
lecting to 
execute and 
return them 
subject to 
what penalties 



and penalties as by the rules of the 
common law and course of the practice 
of the General court are usually ap- 
pointed. 

Sec. 14. Upon any judgment obtain- 
ed in any of the said courts of Common 
Pleas, and execution returned by the 
Sheriff or coroner of the proper count , 
where such judgment was obtain- 
ed, that the party was not to 
be found, or hath no lands and 
tenements, goods or chattels in that 
county; and thereupon it is testified 
that the party skulks or lies hid, or hath 
lands and tenements, goods and chattels 
in another, county in this territory, it 
shall and may be lawful to and for the 
court that issued out such execution, to 
grant, and they are hereby required to 
grant an alias Execution, with a Testatum* 
directed to the Sheriff or Coroner, of 
the county or place where such person 
lies hid, or where his lands or effects 
are commanding him to execute the 
same according to the tenor of such writ 
or w^rits, and make return thereof to 
the court of common pleas, where such 
recove y is had, or judgment given, 
and if the sheriff or coroner, to whom 
such writ or writs shall be directed, shall 



*See act December 19th, 1814 entitled 
In act concerning Executions." 



28 



JUDICIARY. 



311 



refuse or neglect to execute and return 
the same accordingly, he shall be amer- 
ced in the county where he ought to 
return it, and be liable to the action of 
the party grieved, and the said amerce- 
ment shall be truly and duly set accor- 
ding to the quality of the offence, and 
estreated by the Clerks of the respective 
courts of Common Pleas, into the next 
succeeding General court, or court 
of Oyer and Terminer in course, that 
thence process may issue against the of- 
fenders for levying such fines and 
amercements as shall be unpaid, to the 
use for which they are or shall be ap- 
propriated. 



And how to 
be estreated 
& recovered 



Sec. 15. The Clerk of the said court 
shall be appointed and commissioned by 
the Governor for and during good be- 
havior, who shall be entitled to and au- 
thorised to receive such fees as are now 
allowed, or hereafter may be by law. 



Clerks of the 
court appoin 
ted by the 
governor 
during good 
behavior 



AN ACT 



Regulating the Courts of common pleas, and 
fixing the times of holding terms in the 
several counties. 

Passed December, 19, 1812. 

Sec. 1. Be it enacted by the Legis- 



29 



312 



JUDICIARY. 



Jurisdiction 
of the court 
of common 
pleas. 



lative Council and House of Represen- 
tatives, and it is hereby enacted by the 
authority of the same, That the courts 
of common pleas in the several counties 
in this Territory shall hereafter possess 
and exercise the same jurisdiction and 
powers in the respective counties that 
vi^ere possessed and exercised by the 
said courts, by virtue of the lavi^s of the 
Indiana Territory, on the first day of 
March, in the year one thousand eight 
hundred and nine, any laws or parts of 
laws to the contrary notwithstanding. 



The residue of this Law is repealed 
and superseded by posterior laws chang- 
ing the Judiciary System. 



GENERAL COURT 



AN ACT 

Regulating the General Court. 

Passed Dec. 10, 1813. 

Sec. 1. Be it enacted by the Legis- 
lative Council and House of Represen- 
tatives of the Illinois Territory, and it 



30 



JUDICIARY. 



313 



is hereby enacted by the authority of 
the same, That there shall be holden 
and kept, at the seat of Government of 
this territory, a Supreme Court of 
Record to be called and styled the 
"General Court," the sittings of which 
court shall be held at Kaskaskia, in the 
County of Randolph on the first mon- 
days in April and September, yearly 
and every year, and the Judges of the 
said court, and every of them, shall have 
power and authority, as often as there 
may be occasion, to issue forth writs of 
habeas corpus, certiorari, and writs of 
error and remedial and other writs and 
process returnable to the said court, and 
grantable by said judges, by virtue of 
their office. 



To hold two 
terms annu- 
ally at Kas- 
kaskia. 



To issue writs 
of habeas 
corpus &e. 



Sec. 2. Be it further enacted, that 
the said court shall hear and determine 
all causes, matters and things cognizable 
in the said court, and also to hear and 
determine all, and all manner of pleas, 
plaints, and causes, which shall be re- 
moved or brought there from the res- 
pective courts of common pleas, or from 
any other court to be holden for the 
respective counties, and to examine and 
correct all and all manner of errors of 
the Judges of the inferior courts in their 
Judgments, process, and proceedings in 



Its Jurisdic- 
tion. 



To correct 
errors of in- 
ferior courts. 



P P 



31 



314 



JUDICIARY. 



To punish 
the con. 
tempts &c. 
of all officers 
in the respec- 
tive counties. 



the said courts, as well all pleas of the 
United States, as in all pleas, real, per- 
sonal and mixed ; and thereupon to re- 
verse or affirm the same judgments as 
the law does or shall direct, and also to 
examine, correct and punish, the con- 
tempts, omissions and neglects, favors, 
corruptions and defaults, of all or any 
of the Justices of the Peace, sheriffs, 
coroners, clerks, and other officers 
within the respective counties. 



To award 
process to 
collect fines 
&c. 



Sec. 3. Be it further enacted. That 
the said General court shall have pow- 
er to award, process, as well for levy- 
ing such fines, forfeitures and amerce- 
ments as shall be estreated into the said 
General court as of the forfeitures and 
amercements which shall be taxed and 
set there, and not paid to the uses they 
are or shall be appropriated, and gene- 
rally shall minister ample justice to all 
persons, and amply exercise the juris- 
dictions and powers herein mentioned 
concerning all & singular the premises 
according to law. 



Writs issued 
shall run in 
the name of 
the U. States 



Bear teste in 
the name of 
the clerk. 



Sec. 4. Be it further enacted, That 
all writs issuing from the said court shall 
run in the name of the United States of 
America, and bear teste in the name of 
the clerk of the General court, on the 
days on which the said writs shall be 
issued, and shall be sealed with the Ju- 



32 



JUDICIARY. 



315 



dicial Seal of the said court, and made 
returnable according to law. 

Sec. 5. Be it further enacted, That 
the said court, shall have power from 
time to time to deliver the jails of all 
persons who now are or shall hereafter 
be committed for treasons, murders, or 
such other crimes, as, by the laws of 
the Territory, now are, or shall hereaf- 
ter, be made capital, or felonies, of 
death as aforesaid, and for that end 
from time to time to issue forth such 
necessary precepts and process and 
force obedience thereto as Justices of 
Oyer and Terminer, and of jail delive- 
ry may or can do within the United 
States. 



And be seal- 
ed with the 
seal of the 
court. 



To deliver 
the Jails. 



Sec 6 Be it further enacted. That 
so much of the sixth section of an act 
entitled "An act regulating the Gen 
eral court passed by the General Assem- 
bly of the Indiana territory on the sev- 
enteenth day of September, 1807, as 
authorises and empowers the governor 
of the territory to issue a commission 
for holding a special court of Oyer and 
Terminer, in any county, directed to 
the Judges of the General court or any 
one of them," shall be and the same is 
hereby repealed. 



Repeals part 
of 6th section 
of Act 1807. 



Sec. 7. Be it further enacted, That 



33 



316 



JUDICIARY. 



Special term 
of the genl. 
court to be 
held in any 
county for 
the trial of 
Criminals. 



Sheriff to 
summon 
Grand jury 
& petit jury. 



whenever any person shall be in the cus- 
tody of the sheriff of any county, charg- 
ed with any offence exclusively cogniz- 
able by the General court, it shall be 
the duty of such sheriff to give infor- 
mation thereof in writing to any of the 
Judges of the General court, who shall 
thereupon issue a precept under his hand 
and seal to the sheriff of such county, 
commanding him to summon twenty- 
three Grand Jurors and thirty six petit 
jurors to attend at the seat of justice of 
the said county on a day therein menti- 
oned, which shall not be less than thirty, 
nor more than sixty days from the date 
of such precept. 



Sheriff to 
give notice 
20 days. 



The Judge is- 
suing the 
precepts to 
notify the 
other Judges, 
the Clerk & 
Attorney 
Genl. 



Sec. 8. Be it further enacted, That 
it shall be the duty of such sheriff on 
receiving the precept aforesaid to give 
notice by advertisement set up at the 
seat of justice of the said county, at least 
twenty days before the return of such 
precept, of the time and place of hold- 
ing a special session of the General court, 
in pursuance of this act; and the Judge 
issuing his precept as aforesaid shall per- 
sonally or in writing notify the other 
Judges of the said court, the clerk of 
the said court and the attorney Gene- 
ral, of the time and place of holding a 
General court in pursuance of this act. 
But the want of such advertisement by 
the sheriff or of such notice by the Judge 



34 



JUDICIARY. 



317 



shall not be construed to invalidate the 
authority of the court, or to render its 
proceedings erronious: But in case of 
such omission, the precept aforesaid 
shall be considered legal notice of the 
time and place of holding a General 
court by virtue of this act: and the she- 
riff for omitting to advertise in manner 
aforesaid may be fined by the court in 
a sum not exceeding five hundred dol 
lars, and not less than one hundred dol- 
lars. 



The precept 
to be legal 
notice. 



Sheriff to be 
fined for 
failing to 
give notice 
how, 



Sec. 9. The said court when met in 
pursuance of this act, shall have authori- 
ty to adjourn to any day which may be 
adjudged reasonable and expedient for 
the fair and impartial trial of any per- 
son who may be indicted before the 
same court. 



Court may 
adiourn to 
any day 



Sec. 10. Be it further enacted. That 
in case the requisite number of Grand or 
Petit jurors should not attend, at the 
time and place mentioned in such pre- 
cept, or the number of Petit jurors be 
reduced by challenges below twelve, 
the court may order the sheriff to com- 
plete the panel of the Grand jury or 
pettit jury from the by-standers or a- 
ward a venire for a Grand or Petit 
jury as the case may require. 



Court may 
direct Tales 
men to com- 
plete the 
Jury or a- 
ward a ve 
nire. 



Sec. 11. Be it further enacted. That 



35 



318 



JUDICIARY. 



Jurors fail 
ing to attend 
how punish 



The courts 
required to 
award pro- 
cess to levy 
the fines. 



in order to compel the due attendance 
of jury men in the said General court, 
and all other courts in this territory, it 
is hereby enacted and declared that if 
any person shall be duly summoned to 
attend any court of judicature to serve 
on a jury, or any inquest required by 
law, and shall neglect or refuse to give 
his attendance on the day and during 
the time his service is necessary, every 
such person so offending shall be fined 
for every such offence in the General 
court by the said court in any sum, not 
exceeding eight dollars, and for every 
such offence in any court of Common 
Pleas of any county in the territory, by 
the said court any sum not exceeding five 
dollars, unless the delinquent shall, at 
the same or next succeeding term, ren- 
der to the said courts respectively, a rea- 
sonable excuse for such neglect or refusal 
it shall be the duty of the said General 
court and courts of Common Pleas, and 
they are hereby empowered and re- 
quired on failure of such delinquents to 
render such reasonable excuse, to issue 
a writ to the sheriff of the county to 
levy the said fines on the goods 
and chattels of every such delin- 
quent, to be paid to the clerk of 
the General court and clerks of the 
courts of common pleas. But where 
any delinquency in the attendance of 
jurors summoned to attend any special 



36 



JUDICIARY. 



319 



session of the general court may hap- 
pen and the delinquent fails to make 
his excuse at the term to which he may 
have been summoned it shall and may 
be lawful for him to make his excuse to 
the said court at their next stated term, 
in writing, which shall be sworn to and 
subscribed before some judge of the 
court of common pleas or justice of the 
peace in the territory; and in all cases 
where the excuse shall be deemed in- 
sufficient by the court they are hereby 
authorised to issue process directed to the 
sheriff of the county in which the de- 
linquency may have happened comman- 
ding him to levy the fine on the goods 
and chattels of every such delinquent. 



How delin 
quent Jurors 
may make 
excuse 



Sec. 12. Be it further enacted. That 
all fines amercements and forfeitures 
which shall be inflicted by the said Gen- 
eral court under any of the laws of this 
territory shall be paid to the clerk of 
said court and by him annually on or 
before the first day of October, paid into 
the Territorial Treasury for the use of 
the territory. That all amercements 
fines, and forfeitures inflicted by the said 
court at any special session held by the 
said court in any county shall be paid to 
the sheriff of the county where the same 
shall be inflicted, and by the said sherifF 
accounted for annually and by him paid 
into the county treasury for the use of 



Fines in the 
geni court to 
be paid to the 
Territorial 
Treasurer 



At any spe 
eiai session to 
be applied 
to the county 
levy 



37 



320 



JUDICIARY. 



Expences of 
a special 
session to be 
defrayed by 
the county 
where holden 



the county - - that the expenses of any 
prosecution or prosecutions before the 
said court, at any special session as 
aforesaid, where the defendant or defen- 
dants shall be acquitted or discharged, 
or unable to pay the fees, such fees 
shall be paid by the county in which 
such prosecution shall be instituted. 



Sheriff of 
Ran county 
to attend the 
geni court 



SherfFs of the 
ovher coun 
ties to attend 
special ses 
sions in their 
respective 
counties 



SherifF of 
Ran county 
to summon 
petit Jurors 
for the genI 
court 



No grand ju 
ry to be sum 
moned to the 
genI court ex 
cept in cer 
tain casses 



Sec. 13. Be it further enacted. That 
it shall be the duty of the sheriff of 
Randolph county to attend and execute 
the process and orders of the general 
court within his county; and it shall be 
the duty of each and every sheriff in this 
territory to attend and execute the or- 
ders and pr cess o the said cour , at any 
special session thereof, which shall and 
may be held in his county. And it 
shall be the duty of the sheriff of Ran- 
dolph county at least five days previous 
to the commencement of each stated 
term of the general court, to summon 
thirty six house keepers to attend the 
said court as Pettit Jurors. No grand 
jury shall be hereafter summ.oned to 
attend the general court at their stated 
term to be holden at Kaskaskia, unless 
the attorney of the United States for the 
territory shall convince the said court 
or some judge thereof in vacation that it 
is necessary to have a grand jury sum- 
moned to present offences that may have 
been committed against the laws of the 



38 



JUDICIARY. 



321 



United States, v/hich court or judge 
is hereby authorised to issue a precept 
directed to the Martial of the territory 
commanding him to summon twenty 
three house holders to appear at the said 
court, as a grand jury. From and 
after the passage of this act the grand 
juries sworn before the court of com- 
mon Pleas in the several counties shall 
be charged to enquire, as well of all of- 
fences cognizable by the General Court 
which may be committed in their res- 
pective counties, as of offences cogniza- 
ble and triable by the courts of common 
Pleas. And when any such grand jury 
shall make a presentment of any of- 
fence, or find an indictment only cog- 
nizable by the general court, the said 
courts of common pleas in their res- 
pective counties shall have power and 
hereby are required to issue process to 
apprehend the offender, and when the 
offender, shall be in custody, the sher- 
iff of the proper county shall forthwith 
give notice thereof to one of the judges 
of the general court. 



To be sum- 
moned by 
the martial 



Grand juries 
at the com. 
pleas to pre- 
sent offences 
triable by the 
genl. court. 



Court of com 
pleas to issue 
proces to ap- 
prehend the 
offenders & 
the sh ff to 
give notice to 
a Jud of 
the nl. 
court. 



Section 14 not in force. 
Section 15 not in force. 
Sec. 16. Be it further enacted, that 
Q Q 



39 



322 



JUDICIARY. 



Writs of er- 
ror, appeal & 
certiorari or 
matter of law 
only. 



Judgment on 
appeals from 
Justices of 
peace final in 
com. pleas. 



there shall not hereafter be any writ of 
certiorari appeal, or writ of error or 
any proceeding in the nature of either 
to the general court from any court in 
this territory upon any matter of fact ; 
but in future the general court shall 
take cognizance of errors in law only 
by writ of error or appeal neither of 
which shall issue in any case whatever 
until after final judgment in the court 
of common pleas. 



Chancery 
powers grant 
ed to genl. 
court. 



Sec. 17. Be it further enacted, That 
the judges of the general court shall be 
and they are hereby authorised to ex- 
ercise the power and authority usually 
exercised by a court of chancery. 



Rules of prac 
tice in Eng- 
land to be 
observed. 



Sec. 18. Be it further enacted. That 
in all suits in chancery in the said gener- 
al court the rules and methods which 
regulate the high court of chancery in 
England, shall as far as the said general 
court may deem the same applicable, 
be observed except as hereinafter men- 
tioned. 



Section 19, not in force. 



Ne exeat & 

injunction 

&c. 



Sec. 20. Be it further enacted that 
the said court in term or any Judge in 
vacation shall be authorised to grant 
writs of Ne Exeat injunction certiorari 



40 



JUDICIARY. 



323 



or other process usually granted by a 
court of equity. 



Sec. 21. Be it further enacted that 
if the complainant in chancery resides 
out of the Territory, he shall before is 
suing of process to appear, cause a 
bond to be executed by at least one suf- 
ficient person being a freeholder and re- 
sident of the territory to the defendant 
in the penal sum of two hundred dol- 
lars, conditioned to prosecute the suit 
with effect and to pay costs if the de- 
fendant should be entitled thereunto, 
and to have the same filed with the 
clerk; in default whereof the said com- 
plainant's bill shall be dismissed with 
costs. 



Non residents 
complainants 
to file securi- 
ty for costs. 



Sec. 22. Be it further enacted. That 
any complainant in chancery residing 
within the territory shall at the discre- 
tion of the court give security in the 
manner and form as is required in case 
of non residents. 



Resident com 
plainants 
may be com 
pelled to give 
security for 
costs. 



Sec. 23. Be it further enacted. That 
any subpoena, process of sequestration, 
writ of execution, or other writ or 
process in chancery, shall be issued by 
the clerk at the instance of the party 
applying for the same. 



Clerk to issue 
writs. 



Sec. 24. Be it further enacted, That 



41 



324 



JUDICIARY. 



Rules to plead 
&c. given in 
open court. 



in all cases in chancery, the rules to 
plead, answer, reply, rejoin, or other 
proceedings, when necessary, shall be 
given in open court and be entered in 
a book to be kept for that purpose for 
the information of all parties, attornies, 
or counsellors, therein concerned. 



No subpoena 
to issue until 
bill filed. 



How served. 



Sec. 25. Be it further enacted. That 
no subpoena in chancery shall issue un- 
til the bill be filed with the clerk, whose 
duty it shall be to copy the same, and 
to deliver a copy to the person apply- 
ing for the subpoena, which copy shall 
be delivered to the defendant, if within 
the territory, by the officer or person 
serving the subpoena, which service and 
delivery shall be endorsed on the back 
thereof, and if there be more than one 
defendant, the said copy shall be deli- 
vered to the one first named in the sub- 
poena, if he be resident within this ter- 
ritory, if not, the next one named in 
the subpoena that is a resident. 



Where per- 
sonal service 
cannot be 
made how to 
proceed. 



Advertise in 
a newspaper. 



Sec. 26. Be it further enacted. That 
if any defendant in chancery (if but 
one) or defendants (if more than one) 
reside out of the territory, or cannot be 
found to be serv d with process of sub- 
poena or abscond to avoid being served 
therewith public notice shall be given to 
the defendent or defendants, signed by 
the clerk, in any newspaper printed in this 



42 



JUDICIARY. 



325 



or any adjoining state or territory as the 
court shall direct, that unless he, she, or 
they appear & file his, her, or their answer 
by a day given him or them by the court, 
the bill shall be taken pro confesso. 
And when a bill is amended, a copy of 
the amendatary bill shall in like man- 
ner be delivered to the defendant or 
defendants. 



Sec. 27. Be it further enacted. That 
in suits in chancery the complainant 
may take depositions in one month af- 
ter filing his bill, provided he first ob- 
tain a dedimus for that purpose, before 
any Judge or J stice of the peace, and 
the defendant may do the like, as soon 
as he has filed his answer: Provided, 
that reasonable notice be given of the 
time and place of taking such deposition, 
which reasonable notice shall in all cases 
be ten days, and over and above the 
ten days, one day for every twenty 
miles, travel from the place of holding 
court to where the witness or witnesses 
are to be sworn and examined. 



Complainant 
make take 
depositions 
one month 
after bill ^1- 
ed. 



Defendant to 
do the like 
after answer 
filed. 



Notice of 
time & place 
be given to 
the opposite 
party. 



Sec. 28 Be it further enacted. That 
if the defendant in chancery does not 
file his answer in the time prescribed by 
the rules of the court, having also been 
served with process of subpoena, with a 
copy of the bill, or notice as required 
by this act, the complainant shall pro- 



If deft, does 
not answer 
how to pro- 
ceed 



43 



326 



JUDICIARY. 



Court may 
grant further 
time to an- 
swer 



ceed on to hearing, as if the answer had 
been filed, and the cause at issue: Provi- 
ded however, that the court for good 
caus shewn, may allow the answer to 
be filed, and grant a further day for such 
hearing. 



Before whom 
a y D fend- 
ant swear to 
his answer. 



Sec. 29. Be it further enacted, That 
any defendant in chancery may swear 
to his answer before any Judge of this 
court, or any Judge of a court of Com- 
mon Pleas, or Justice of the peace; & 
if the defendant resides out of the ter- 
ritory he may swear to his answer be- 
fore any Justice of the peace of a coun- 
ty, city, or town corporate (the com- 
mon seal of any court of record of such 
county, city, or town corporate, being 
thereto annexed.) 



Court may is- 
sue process 
to enforce Its 
decree 



Sec. 30. Be it further enacted. That 
the complainant in chancery having 
obtained a decree, and the defendant 
not having complied therewith by the 
time appointed, i shall be lawful for the 
said court to issue a writ of fieri facias 
against the goods and chattels, lands 
and tenements and hereditaments of the 
defendant, upon which sufficient proper- 
ty shall be taken and sold to satisfy the 
said demand with costs; or to issue a 
capias ad sa isfaciendum against the de- 
fendant. Upon writs of fie i facias and 
capias ad satisfaciendum there shall be 



44 



JUDICIARY. 



327 



the same proceedings as at law; or 
cause by injunct on the possi on of 
effects and estate demanded by the bill, 
and whereof the possession or sale is 
decreed to be delivered to the com- 
plainant, or otherwise according to such 
decree, and as the nature of the case 
may require. 



Sec. 31. Be it further enacted, That 
when a decree in chancery shall be 
made for a conveyance, release, or ac- 
quittance, and the party against whom 
the decree shall pass, shall no comply 
therewith by the time appointed, then 
such decree shall be taken and consider- 
ed, in all courts of law and equity, to 
have the same operation and effect and 
be as available, as if the conveyance 
release or acquittance had been execu- 
ted conformably to such order. 



A decree for 
conveyance, 
release & ac. 
quittance 
have full ef- 
fect. 



Sec. 32. Be it further enacted, That 
a decree in ch ncery shall from the 
time of its being signed, have the force, 
operation, and effect of a judgment at 
law from the time of the actual entry 
of such decree ; and a writ of fieri facias 
issued on any decree in chancery shall 
bind the goods of the person, against 
whom it is issued, from the time it was 
deliver to the sheriff or officer to be 
executed as at law. 



Decree have 
the same ef- 
fect as a judg 
ment at law 



Fieri Facias 
Binds per- 
sonal estate 
From its de- 
livery to the 
sheriff. 



45 



328 



JUDICIARY. 



Govr. to ap- 
point a clerk 
to said court 



Clerk to give 
Bond. 



Sec. 33. Be ft further enacted, That 
there shall be appointed and commissi- 
oned by the governor, a clerk to the 
said court who shall enter into bond to 
the governor, with security to be ap- 
proved by the governor, in the pen- 
alty of one thousand dollars, condition- 
ed for the performance of such duties 
as are, or may hereafter be required of 
him by law, which bond shall be filed 
in the office of the secretary of the ter- 
ritory. Which said clerk shall be enti- 
tled to the same fees and salary as by 
law are now, or which may be, here- 
after allowed him, and shall perform 
such duties as are by law required of 
him. 



Injunction 
how obtained 



Party to give 
not less tlian 
10 nor more 
than 15 days 



Sec. 34. Be it further enacted. That 
no injunction in chancery shall be gran- 
ted to stay proceedings at law, unless 
the party praying the injunction, have 
at least proved that the opposite party 
(if living in the territory, if not, his a- 
gent or attorney of record) had at least 
ten and not more than fifteen days no- 
tice of the time and place of apply ng 
for such injunction ; from the time of 
which notice given all proceeding shall 
be stayed, until the court or Judge's 
decision shall be made, whether an in- 
junction shall or shall not be granted, 
but if the complainant shall not make 
application for such injunction, on the 



46 



JUDICIARY. 



329 



day specified in such notice, then the 
plaintiff at law may proceed as if none 
had been given ; nor shall any injunction 
be granted to stay any judgment 
at law for a greater sum, than 
that the complainant shall shew 
himself equitably not bound to 
pay, and so much as shall be sufficient 
to cover the costs, and every injunction 
when granted shall operate as a release 
to all errors in the proceedings at law 
that are prayed to be enjoined ; nor 
shall any injunction be granted, un- 
less the complainant shall have previ- 
ously executed a bond to the defendant 
with sufficient security to be approved 
by the court or Judge granting the 
injunction in double the sum prayed to 
be enjoined conditioned for the pay- 
ment of all monies and costs due or to 
be due to the plaintiff in the action at 
law, and also all su h costs and dam- 
ages, as shall be awarded against him 
or her in case the injunction shall be 
dissolved. If the injunction shall be 
dissolved in whole or in part, the com- 
plainant shall pay six per cent exclusive 
of legal interest, besides costs; and the 
clerk shall issue an execution for the 
same when he issues an execution upon 
said judgment; on the dissolution of 
an injunction judgment shall be given by 



Injunction re 
releases er- 
rors at law. 



If injuuction 
be dezolved 
compl. to 
pay 6 pr. ct. 
damages. 



R R 



47 



330 



JUDICIARY. 



Judgt. to be 
given also a- 
gainst the se- 
curities. 



the court against the sureties as well as 
the complainant in the injunction 
bond. 



Affidavits to 
support or 
dissolve an 
injunction 
must be tak- 
en on notice. 



And may be 
read on the 
final hearing 



Sec. 35. Be it further enacted, that 
whenever affidavits are taken either to 
support or dissolve an injunction, the 
party taking the same shall give the ad- 
verse party reasonable notice of the 
time and place of taking the same, and 
the clerk shall issue to either of the par- 
ties subpoenas to procure the attendance 
of witnesses at the time and place ap- 
pointed ; and such affidavits taken as 
aforesaid may be read on the final 
hearing of the cause in which they 
may be taken under the same restrictions 
as depositions taken according to law. 



Iniunction 
in term time 
how obtain- 
ed. 



No notice 
where title 
of land comes 
in question. 



Sec. 36 Be it further enacted ; that no 
notice shall be necessary in any case 
where application is made for an injunc- 
tion in term time (where the judgment 
was rendered in the general court, but 
if the judgment be rendered in any 
other court, notice shall be required of 
an application in term time for an in- 
junction unless as is hereinafter provided) 
nor in vacation where the title or bonds 
for lands shall come in question, & that 
no injunction to stay proceedings at law 
shall be granted after sixty days next 
succeeding the end of the term, at 



48 



JUDICIARY. 



331 



which the judgment sought to be enjoin- 
ed was rendered. 



Sec. 37. Be it further enacted; that 
writs of Ne Exeat shall not be granted 
but upon Bill filed, and affidavit to the 
allegations, which being produced to 
the court in term time or the judge in 
vacation he or they may grant or 
refuse such writ as to him or them shall 
seem just; and if granted, he or they 
shall endorse thereon in what penalty 
bond and security shall be required of 
the defendant. And that no writ of 
Ne exeat shall issue until the complain- 
ant shall give bond and security in the 
clerk's office, to be approved by the 
Judge or court, and in such penalty as 
he or they shall adjudge necessary, to 
be endorsed on the bill. And in case 
any person stayed by such writ of Ne 
exeat shall think himself or themselves 
aggrieved, he or they may bring suit 
on such bond, and if on trial it shall ap- 
pear that the writ of Ne exeat was 
prayed without a just cause, the person 
injured shall recover damages. 



Ne Exeats 
how granted 



Sec. 38. Be it further enacted. That 
if the defendant or defendants in chan- 
cery shall go out of the territory, but 
shall return before a personal appear- 
ance be necessary to perform any or- 
der or decree of the court, such his or 



A tempora- 
ry absence 
not a breach 
of the bond. 



49 



332 



JUDICIARY. 



Security may 
arrest his 
principal or 
special bail. 



her temporary departure, shall not be 
considered as a breach of the condition 
of the bond. And whenever the de- 
fendant to a bill in chancery shall give 
security that he will not depart the ter- 
ritory, the security shall have leave at 
any time before the bond shall be for- 
feited, to secure his principal in the 
same manner that special bail may sur- 
render their principal and obtain the 
same discharge. 



Gen coort 
shall have 
cognizance 
in equity in 
all cases am- 
ounting to or 
exceeding 
100 Dolls. 



Sec. 39 Be it further enacted, That 
the said General Court shall have cog- 
nizance of all cases in equity amounting 
to or exceeding one hundred dollars. 
But if any bill in chancery shall be 
brought touching any matter or thing, 
real or personal, which shall not be of 
the value of one hundred dollars the 
same shall be dismissed with costs. 



Suits &c. 
continued & 
triable in 
this court. 



Sec. 40. Be it further enacted. That 
all suits process and proceedings what- 
soever now depending before the Gen- 
eral Court at Kask skia shall be returned 
to and proceeded on at the terms of 
the said General Court directed to be 
holden under this act, and shall be pro- 
secuted on to final judgement and exe- 
cution in all things as fully as the same 
might or could have been done had this 
act not have been passed. 



50 



JUDICIARY. 333 

Sec. 41. Be it further enacted, That Suits at 
all suits, process and proceedings whatso- |,ow disposed 
ever, now pending in the General Court of. 
at Cahokia shall be proceeded on and 
the court to be held at Cahokia aforesaid 
in the same manner as is now provided 
by law and as if this act had not passed, 
until the first day of November next; 
after which time, the papers, books, and 
proceedings then being at Cahokia in 
the General Court, shall be removed to 
Kaskaskia and be proceeded on as above 
provided for the business pending be- 
fore the said court at Kaskaskia, all laws 
and parts of laws coming within the 
purview of this act, shall be and the same 
are hereby repealed. 

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



SUPREME COURT. 



AN ACT 



Establishing a Supreme Court for Illinois 
Territory. 

Be it enacted by the Legislative 



51 



334 



JUDICIARY. 



Judges ap- 
po n ed by 
the U. States 
to held a su- 
preme court 
in Edwards 
county Gal- 
latin conty, 
Johnson cty. 
Randolph 
St. Clair & 
Madison. 



Council and House of Representatives, 
and it is hereby enacted by the author- 
i y of the same. Th t the Judges ap- 
pointed for this Territory under the 
authority of the government of the 
United States, shall constitute a Court 
to be styled the Supreme Court of Illi- 
nois Territory, vrhich shall be holden 
in the manner and at the times and 
places hereinafter mentioned; that is 
to say, in the county of Edwards on the 
second Monday in February and fourth 
Monday in July. In Gallatin the third 
Monday in February and first Monday 
in August. In Johnson, fourth Monday 
in February and second Monday in 
August. In Randolph, the first Mon- 
day in March and third Monday in 
August. In St. Clair, third Monday 
in March and first Monday in Septem- 
ber. In Madison the fourth Monday 
in March and second Monday in Septem- 
ber, yearly and in every year. 



Sec. 2. Be it enacted by the au- 
thority aforesaid, That the said courts 
Jurisdiction. shall be holden at the respective court 

houses of said Counties, and shall in 
each county have jurisdiction over all 
persons therein, and in all causes, mat- 
ters or things at common law, or in 
Chancery, arising in each of said coun- 
ties except in cases where the debt or 
demand shall be under twenty dollars, 



52 



JUDICIARY. 



335 



in which cases it shall have no jurisdic- 
tion, except where the same shall be 
brought before it by appeal or writ of 
error. 



When fhe 
debt dont 
exceed 20 
dolls. 



Sec. 3. The said judges shall be 
conservators of the peace, and the said 
court or any judge thereof shall have 
power to award injunctions, writs of 
Ne exeat, habeas Corpus and all other 
writs and processes that may be neces- 
sary to the execution of the power with 
which they are or may be vested. 



Judges con- 
servator of 
the peace &c. 



Sec. 4. The said court shall have 
power to hear and determine all Trea- 
sons felonies and other crimes, and 
misdemeanors that may be committed 
within the respective counties aforesaid 
that may be brought before it by any 
rules or regulations prescribed by 
law. 



Court to 
determine 
treason &c. 



Sec. 5, The said court shall have 
jurisdiction in all causes suits and mo 
tions against public debtors, sheriffs, 
clerks, and all collectors of public money 
of every denomination whatsoever, for 
and in behalf of the Territory or any 
county thereof, and in all cases where it 
may have been the duty of any sheriff, 
clerk, or collector of public money to 
have made collections and have set- 
tled with the proper authority, and 



The court to 
sustain noti- 
ces and suits 
against pub- 
lic debts shflFs. 
&e. 



53 



336 



JUDICIARY. 



To compel 
the debtor to 
administer 
oath. 



Reasonable 
notice of the 
time & place 
to be given. 



he or they shall have failed to 
have done so or shall hereafter 
fail so to do, and there shall appear 
any defect in the bond given by said 
officer or other proceeding, sufficient 
to exempt from liability the security or 
securities of said officer, or to defeat 
the ordinary proceedings against him- 
self, the court shall have powder to 
compel such person, vv^hether in or out 
of office, who either has collected pub- 
lic money, or ought to have done so, 
to exhibit upon oath a full and fair 
statement of all monies by him collect- 
ed, and a list of all persons as far as it 
may be practicable to obtain the same, 
or whom such person had a right to 
collect, and who had failed to pay him 
accordingly, and the said court shall up- 
on hearing the whole case without re- 
gard to form, have power to give judg- 
ment for such sums of money which 
such person or persons as aforesaid 
ought to be liable to pay according to 
the true spirit of the laws, & the prin- 
ciples of equity; Provided however, 
that such person or persons as aforesaid 
shall have reasonable notice of the time 
and place, when or where a motion to 
the court against him or them for the 
purposes aforesaid is intended to be 
made. 



Sec. 6. All the powers at present 



54 



JUDICIARY. 



337 



vested in the General court and all the 
common law jurisdiction, whether of a 
civil or criminal nature now vested in 
the several courts of Common Pleas, 
not inconsistent with the principles of 
this law, shall be and hereby are vested 
in the Supreme Court hereby establish- 
ed, and the rules and regulations pre- 
scribed by law for the exercise of those 
powers in all cases whenever the same 
may be applicable, shall govern said 
court and be pursued by parties litigant 
therein and in all cases not provided for 
by law the said court shall have power 
to adopt rules and regulations necessary 
for effectuating the powers hereby 
granted to it. 



Powers of the 
genl. court & 
com pleas 
vested in the 
supreme 
court. 



Rules of 
practice. 



Sec. 7. All suits shall be tried in the 
counties in which they originate, un- 
less in cases that are or may be other- 
wise specially provided for by law a d 
in all cases except those hereinafter men- 
tioned, one of the Judges shall be suffi- 
cient to constitute a court. 



Suits to be 
tried in the 
counties in 
which they 
originate. 



Sec. 8. In all criminal cases where 
the charge shall be of such a nature as 
in case of conviction to subject the of- 
fender to capital pun shment or bur- 
ning in the hand or elsewhere two 
Judges shall be necessary to proceed 



Two Judges 
necessary to 
try capital 
ofFe ces and 
burning 



S s 



55 



338 



JUDICIARY. 



When the 
Judges are 
divided {udgt 
rendered for 
defendant. 



upon the trial of the issue whether in 
law or fact, provided however that if 
only one Judge shall attend the court, 
and any prisoner shall notwithstanding 
petition to be brought to trial, one 
Judge shall constitute a court for such 
purpose. When two Judges shall at- 
tend all questions arising in criminal 
cases and submitted to the court, in case 
the court shall be divided shall be con- 
sidered as adjudged in favor of the crim- 
inal and if the court shall be divided in 
the final judgment or sentence, judg- 
ment shall be entered up in favor of 
the prisoner, and he forthwith dischar- 
ged. 



if Judge fali 
to attend 
what. 



Sec. 9. If no judge shall attend on 
the first day of any court, such court 
shall stand adjourned from day to d y 
until a court shall be made if that shall 
happen before four of the clock in the 
afternoon of the third day. 



If court does 
not sit suits 
to be contd. 



Sec. 10. If a court shall not sit in 
any term, or shall not continue to sit 
the whole term, or before the end of 
the term shall not have heard and de- 
termined all matters ready for their de- 
cision all such matters and things de- 
pending in court, and undetermined 
shall stand continued till the next suc- 
ceeding term. 



56 



JUDICIARY. 



339 



Sec. 11. If from any cause the court 
shall not set on any day in a term after 
it shall have been opened, there shall be 
no discontinuance, 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 dispatched. 



Suits contd. 
if tlie court 
fails to set 
after being 
opened. 



Sec. 12. The judicial term shall con- 
sist of six days in each county during 
which time the court shall set unless 
the business before it shall be sooner de- 
termined except in Randolph county 
Avhere it may set twelve days 



6 days judi- 
cial term 
except in 
Randolph 12 
days. 



Sec. 13. A clerk shall be appointed 
by the Governor of the territory in 
each county whose duty it shall be to 
issue process in all cases originating in 
his County to keep and preserve the 
records of all the proceedings of the 
court therein and to do and perform in 
his county all the duties now enjoined 
on the Clerk of the General Court, and 
the several Clerks of the courts of com- 
mon pleas except those which relate 
exclusively to county business of which 
the court hereby established has no ori- 
ginal jurisdiction. 



Clerks to be 
appointed by 
the governor 



Their duty 



Sec. 14. Whensoever the Governor 
shall appoint a clerk as aforesaid it shall 
be his duty if any court of common 



Clerks to 
demand the 
books & pa- 
pers of the 
clerks of 
com. pleas 



57 



340 



JUDICIARY. 



Penalty. 



pleas shall hav been established in the coun- 
ty to demand of the clerk of said court of 
common pleas therein all the books & pa- 
pers in his possession except those which 
relate to the coun y busine s of which 
the court hereby established has no ju- 
risdiction, and such clerk of the court 
of common pleas shall thereupon deliv- 
er the same under the penalty of one 
thousand dollars to be recovered by ac- 
tion of debt in behalf of the territory. 



Suits in 
com. pleas 
tried in Su- 
preme court. 



Sec. 15. In the cases now depending in 
the courts of common pleas in the res- 
pective counties, the parties or their 
attorneys shall be permitted to take all 
such measures for bringing to trial that 
might have been taken if no change 
had taken place, and the court hereby 
established as far as possible, proceed to 
the trial thereof in the same manner 
that the present courts of common 
pleas might legally have done, had no 
other change than a mere alteration of 
the term taken place it being distinctly 
the intention of this legislature to pro- 
duce no other change upon the causes 
now depending in those courts of com- 
mon pleas than merely to substitute the 
present for the former courts; If how- 
ever any causes requiring particular in- 
dulgence should present themselves, the 
court are hereby empowered to grant 
continuances for remedy thereof. 



Sec. 16. Appeals may be prayed & 



58 



JUDICIARY. 



341 



writs of error taken out upon matters 
of law only in all cases wherein they 
are now allowed by law, Appeals shall 
be taken to the court to be holden in 
Randolph county and all writs of error 
shall be issued by the clerk of Randolph 
county and be made returnable to the 
court in that county, but no question 
upon appeal or writ of error shall be 
decided without the concurrence of 
two judges, at least, and it being as im- 
portant that the exposition given by the 
j dges to a law should be made public as 
that the law itself should be — it is here- 
by declared to be the duty of each 
judge in all cases of appeals or writ of 
error to state the cases and give his 
re sons at large in writing for his opi- 
nion which shall be carefully preserved 
by the clerk and kept subject to the in- 
spection of all who may desire to read 
the same. 



Appeals and 
writs of er- 
error to Ran 
dolph court. 



2 Judges to 
concur on de- 
ciding in ap- 
peals & error 



Each Judge 
to give a 
written opin- 
ion on appeals 
and error. 



Sec. 17. Nothing in this law con- 
tained shall be construed into a repeal 
of the existing regulations for speedy 
trial of persons charged with Capital 
offences, but the judges of the Supreme 
court hereby established shall perform 
the same duties in that respect that 
were hitherto prescribed to them as 
judges of the general court. 



Speedy trial 
of capital of- 
fences. 



Sec. 18. The courts of common 



59 



342 



JUDICIARY. 



Jurisdiction 
taken from 
com. pleas. 



pleas for the several counties shall not 
hereafter possess or exercise any juris- 
diction given to the Supreme court of 
Illinois Territory. 



Duty of sher 
iffs. 



Sec. 19. The sheriffs of the respec- 
tive counties shall summon juries, and 
return in their respective counties all 
process to them directed, to the Su- 
preme court in the same manner that 
they have heretofore been required to 
do to the courts of common pleas, un- 
less in cases w^here the law^ shall speci- 
ally prescribe otherwise. 



2 professing 
attorneys to 
be appointed 



Sec. 20. There shall be appointed 
two attorneys to prosecute in all cases 
in behalf of the Territory, one of vrhich 
shall be appointed to a district 
to be composed of the counties of 
Madison, St. Clair & Randolph. And 
the other shall be appointed to a district 
to be composed of the counties of John- 
son, Gallatin and Edvv^ards; and each 
of said attorneys shall prosecute in all 
cases according to law, that may arise 
within his respective district, and each 
shall be allowed a salary of one hundred 
dollars per annum to be paid out of the 
public Treasury. 



SlierifFs & 
clerics to re- 
move their 
offices to the 
county seats 
of justice. 



Sec. 21. Be it further enacted. That 
all sheriffs and clerks of courts in the 
respective counties shall within six 



60 



JUDICIARY. 343 

months from the passage hereof re- 
move their respective offices and all the 
papers and records thereunto belong- 
ing to the seat of justice of their res- 
pective counties and they shall contin- 
ue to keep their respective offices and 
all the books and papers thereunto ap- 
pertaining at said respective seats of 
justice in their respective counties, un- 
der the penalty of five hundred dollars 
to be recovered by motion giving the 
party twenty days previous notice 
thereof in writing, in any court having 
jurisdiction of the same, one half to the 
informer, and the other half to the use 
of the said county; this act to com- 
mence and be in force from and after 
the first day of January next. 

APPROVED, December Uth, 1814. 



Take effect 



AN ACT 



Supplemental to an act entitled "an act to 
establish a Supreme Court for Illinois 
Territory." 

Passed December 22, 1814. 

Sec. 1. Be it enacted by the Legis- Rpealing the 

lative Council and House of Represen- •*y'® ®* "?®"' 

1 • • I . , f , eral court." 

tatives and it is hereby enacted by the 



61 



344 



JUDICIARY. 



authority of the same; That so much 
of any law whatever, as gives the style 
of the "General Court" to the court 
heretofore required to be held by the 
Supreme or Superior Judges of this 
territory who hold their appointments 
from the President and Senate of the 
United States, and also all laws or parts 
of laws inconsistent with the provisions 
of the act to which this is a supplement 
shall be and they are hereby repeal- 
ed. 



Provisions of 
tliis Act & 
the act to 
which it is a 
supplement 
takes prefer- 
ence to other 
laws. 



Sec. 2. That in all cases whatever 
the provisions of this act and that to 
which this is a supplement shall have 
preference to provisions in any former 
law wherever the same subject is em- 
braced. 



Powers of 
the Judges of 
com. pleas 
& geni court 
vested in the 
J dges of the 
supreme 
court 



Sec. 3. That all powers and duties 
which were previous to the passage of the 
act to which this is a supplement, vested 
in and enjoined on the judges of the 
courts of common pleas and judges of 
the general court, so far as the same 
are connected with the jurisdiction or 
duties of the Supreme court of Illinois 
Territory, shall be vested in and exer- 
cised by the judges of the Supreme 
court, which shall perform all the du- 
ties imposed on the former general 
court, not inconsistent with the provi- 



62 



JUDICIARY. 



345 



tions of this act and that to which it is 
supplement. 



Sec. 4. That all suits and other 
matters or things now depending in the 
general court shall be tried and finally 
disposed of by the supreme court re- 
quired to be held at Kaskaskia in the 
same manner as if th s law and that to 
which it is a supplement had not been 
enacted, And all process and other pro- 
ceedings which would have been neces- 
sary to bring said suits or other matters 
to a final termination shall and may be 
pursued as though no change had taken 
place; Provided however, that the style 
of the court now given in lieu of the 
former style shall be observed in all pro- 
ceedings requiring any style to be 
used. 



Suits &c de 
pending in 
the general 
court to be 
tried in the 
supreme 
court to be 
holden at 
Kaskaskia 



Styled "su- 
preme court' 
to be used 



AN ACT 



Concerning County Courts. 

Passed December 19, 1814. 

Sec. 1. Be it enacted by the Legis- 
lative Council and House of Represen- 
tatives and it is hereby enacted by the 

T T 



63 



346 



JUDICIARY. 



County 
court estab- 
lished 



3 Judges 



Its jurisdict- 
ion 



authority of the same. That there 
shall be a court of record in each county 
in this Territory, to be called and styled 
the county court, to consist of three 
Judges, who shall be conservators of 
the peace, any two of whom shall form 
a quorum, to be appointed and com- 
missioned by the Governor. And the 
said court shall have and possess and 
exercise, all and every of the the pow- 
ers, privileges and jurisdiction (as near 
as may be) and perform the same du- 
ties, that the courts of Common Pleas 
of the respective counties might lawful- 
ly have performed on the first day 
of November last, except so far as re- 
lates to the trial of causes civil and 
criminal over which the county court 
shall have no jurisdiction for the trial 
thereof. 



3 Terms an- 
nually 



In the coun- 
ty of Edwar- 
ds 
Gallatin 



Johnson 



Randolph 



Sec. 2. The said courts shall annual- 
ly hold three terms in their respective 
counties {viz) in the county of Ed- 
wards, on the fourth mondaj^s of the 
months of January, April and August, 
yearly and every year. In the county 
of Gallatin, on the first mondays of the 
months of February, May and Septem- 
ber, yearly and every year. In the 
county of Johnson, on the second Mon- 
days of the Months of February, May 
and September, yearly and every year. 
In the county of Randolph on the third 



64 



JUDICIARY. 



347 



Mondays of the Months of February, 
May and September, yearly and every 
year. In the county of St. Clair, on 
the fourth Mondays in the months of 
February May and September. In 
the county of Madison on the first Mon- 
days in the Months of March, June and 
September, yearly and every year. 
The Judges of said court shall respec- 
tively recieve two dollars for every day 
they shall sit to be paid out of the 
county levy. 



St. Clair 



Madison 



Judgee to re- 
ceive 2 dolis. 
per day. 



Sec. 3. Be it further enacted; that 
when the courts of common pleas were 
directed to do or perform any duty or 
act at any particular term thereof, it 
shall be the duty of the county courts, 
should their terms not be held at the 
times prescribed by law, for holding 
those terms of the common pleas, to 
perform the same acts or duties at their 
terms immediately preceding or suc- 
ceeding those sessions of the courts of 
common pleas. 



Its duty in 
certain cases 



Sec. 4. Be it further enacted, That 
the clerk of said court shall be appoin- 
ted in the same manner in all respects 
as the clerks of the courts of common 
pleas were appointed ; and they shall 
have the same power in court, and in 
the vacation thereof, and perform the 
same duties, that the clerks of com- 



Clerks how 
appointed. 



their powers 



65 



348 



JUDICIARY. 



And fees 



mon pleas could or might have done; 
and the clerk shall have the same fees 
that are or may be allowed by law. 



Judges to 
take recog- 
nizances &c. 



Sec. 5. Be it further enacted, That 
the said Judges shall have power to 
take all and every species of recogniz- 
ances and obligations in matters civil and 
criminal, and they are hereby ordered, 
on proper affivadit to order bail in civil 
cases, as the Judges of the courts of 
common pleas might have done. 



AN ACT 



Supplemental to an act entitled "An act 
concerning County Courts," 

Passed December 24th 1814. 

Whereas it is advisable to remove 
Preamble all doubts that may arise as to the pow- 

ers vested in the county courts, and the 
judges and clerks thereof. 



Powers of 
the county 
courts and 
the judges 
thereof 



Be it enacted by the Legislative 
Council and House of Representatives, 
and it is hereby enacted by the author- 
ity of the same. That the county courts 
established by the act, to which this is a 
supplement, and the Judges of said 



66 



JU DICI A RY. 



349 



courts, shall possess and exercise, all the 
jurisdiction and perform all the duties 
heretofore vested in or required of the 
courts of common pleas or the Judges 
thereof, except such as have been trans- 
ferred to the supreme court or the 
Judges thereof. 



Sec. 2. That the clerks to be appoin- 
ted for the said county courts, shall 
perform all the duties heretofore vested 
in or required of the clerks of the com- 
mon pleas so far as the same duties 
relate to the powers and jurisdiction of 
said county courts, and all other duties 
that have not been transferred either 
expressly or by necessary implication to 
the clerks of the supreme court: but in 
neither of the latter cases shall the said 
clerks of county courts, have any powd- 
er vrhatever. 



Duties of the 
clerks of the 
county court 



AN ACT 



Concerning Clerks of Courts. 

Passed September, n 1807. 

Sec. 1. It shall be the duty of the 
General court of this Territory, and Courts to 

the several courts of Common Pleas of ^"^^ ^*"'*'* 
the counties at their first session after 



67 



350 



JUDICIARY. 



To be lodg- 
ed in secy's 
office. 



the first day of January next, to receive 
of their respective clerks, bonds vi^ith 
approved security, in the penalty of 
one thousand dollars, payable to the 
governor of the Territory, for the time 
being, and his successors in office, cond - 
tioned for the faithful discharge of the 
duties of their respective offices, and all 
clerks hereafter to be appointed to 
said courts shall previous to their exer- 
cising the duties of their office, enter 
into bond in like manner, which bonds 
shall by said clerks be lodged in the of- 
fice of the Secretary of the Territory, 
within three months thereafter. 



Judges' to 
examine cllts 
boolis in o- 
pen court. 



assess, fines 
report &c. 



Clerks fail- 
ing &c, 



Sec. 2. It shall be the duty of the 
presiding judge of the several courts of 
Common Pleas in this Territory, and 
of the first judge of the General court 
to examine the respective clerk's books 
in open court, and see what fines are 
due thereon to the terri ory or to the 
county, and make out a fair list thereof, 
and report those due to the Territory 
to the auditor thereof, who shall report 
the same to the legislature at the same 
time he makes his annual report, and if 
the said clerk shall fail to pay the said 
fines to the treasurer of the territory, 
or the county as the case may be, on or 
before the first day of March annually, 
the auditor shall direct the attorney 
general to obtain judgment by motion 



68 



JURORS. 351 

against said clerks in their respective 
courts, upon giving ten days notice Aud. his 
thereof, and immediately collect the ^' 
same and pay it into the treasury of the 
territory, or the county as the case may 
be; and the said judges shall further 
report to the sheriffs as treasurers of 
their respective counties the amount of 
fines due to said counties, on or be- 
fore the first day of March, and the she- 
riffs as treasurers, if the said fines are 
not paid to them, on or before the first 
day of May by the said clerks then the 
said sheriffs as treasurers, shall proceed 
to collect the same in manner and form 
as is directed in the foregoing part of 
this section. 



JURORS. 



A L A W 



Concerning GrandJiirorsadoptedfrom the 
Kentucky Code, 

Passed March 3d, 1810. 

Be it enacted by the Governor and 



69 



ShfF. to sum 



352 JURORS. 

Judges of the Illinois Territory, and it 
is hereby enacted by the authority of 
the same. 

The Sheriff of each county where a 
superior court of criminal jurisdiction, 
mon 24 hous is appointed to be holden, shall before 

serve "on ° every meeting of such court, summon 

grund jury twenty-four of the most discreet house- 

keepers, residing within the limits of 
the jurisdiction of the said court, to ap- 
pear at the succeeding court, on the 
first day thereof and the said twenty- 
four house keepers, or any sixteen of 
16 sufficiet to them, shall be a grand jury who shall 
orm a |ury. j^^ sworn to enquire of and present all 

treasons, felonies, murders, and other 
misdemeanors whatsoever, which shall 
have been committed or done within the 
limits of the jurisdiction of the said 
court: and if a sufficient number of the 
said house-keepers shall not attend on 
the first day of the court, the sheriff 
shall summon from the bystanding 
house-keepers of the description afore- 
said a sufficient number together with 
those attending to make a jury. 

The foregoing is hereby declared to 
be a law of this territory, and to take 
effect from the date thereof. 



70 



Justices of the Peace. 
AN ACT. 



353 



Concerning Jurors, 

Passed December 25th. 1812. 

Be it enacted by the Legis- 
lative Council and House of Represen- 
tatives and it is hereby enacted by the 
authority of the same, That house keep- 
ers shall hereafter be deemed qualified 
(there being no other just exception to 
them) to serve on any Jury v^^hatever, 
any law to the contrary notvi^ithstanding. 
This act to be and remain in force from 
and after the passage thereof. 



house keeper 
deemed good 
juorors 



JUSTICES OF THE PEACE. 



AN ACT 



For the appointment of Justices of the 
Peace within the several counties of the 
Territory, and therein of their duties and 
Powers. 

Passed Sept. 17, 1807. 

Sec. 1. There shall be a competent 

U u 



71 



354 Justices of the Peace. 



Justices of 
the peace. 



To take re- 
cognizances, 
&c. 



To whom 
payable. 



To be certi- 
fied to court 
of common 
pleas. 



or 
General 
court or 
court of Oy- 
er & termin- 
er. 



number of Justices in every county, 
nominated and commissioned by the 
Governor, under the seal of the Terri- 
tory, who shall have power and author- 
ity to take all manner of recognizances 
and obligations, as any Justices of the 
Peace in any of the U. States may, can 
or usually do, which said recognizances 
and obligations shall be made to the 
United States; and all recognizances for 
the peace, behavior or for appearance, 
which shall be taken by any of the said 
Justices, shall be certified into the Court 
of Common Pleas, to be holden next 
after the taking thereof; and any re- 
cognizances taken before any of them 
for suspicions of any manner of felony, 
or other crime not triable in the said 
court of Common Pleas, shall be cer- 
tified before the Judges of the General 
court, or court of Oyer and Terminer, 
at their next succeeding court to be 
holden, after the taking thereof, with- 
out concealment of, or detaining, or 
embezzeling the same. 



May hear pet 
it crimes the 
punishment 
whereof shall 
be by fine 
only. 



Sec. 2. One or more justices of the 
peace shall and may hear and deter- 
mine according to the course of com- 
mon law, petit crimes and misdemean- 
ors, wherein the punishment shall be 
by fine only, and not exceeding three 
dollars, and to assess and tax costs. 



72 



Justices of the Peace. 



355 



And in case any person or persons, 
shall refuse to obey, fulfil and perform 
the sentence or sentences, given against 
him or them by the justice or justices 
herein, it shall and may be lawful for 
such justice or justices to commit the 
delinquent or delinquents to jail there 
to remain until sentence be performed ; 
and it shall be lawful for such justice or 
justices, whenever the crime shall be 
committed in his or their presence, or 
view, to sentence as aforesaid without 
further examination, and which fines 
shall be by such justice or justices paid to 
the clerk of the county court of com 
mon pleas, and by him paid into the 
county treasury; all warrants issued by 
a justice or justices of the peace, either 
for apprehending, searching or commit- 
ting to jail persons suspected, or con- 
victed of crimes shall be under the hand 
and seal of such justice or justices, and 
directed to an officer or officers, whose 
duty it shall be to execute criminal pro- 
cess, and such officer or officers shall 
obey the warrant or warrants, issued 
as aforesaid. 



In cases of 
refusal to 
commit to 
prison. 



Crimes com- 
mitted in 
Justices pre- 
sence. 



Fines to 
whom paya- 
ble. 



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



Sec. 3 It shall be within the power, & 
be the duty of every justice of the peace 
within his county, to cause to be stayed 
and arrested, all affrayers, rioters, and 
disturbers of the peace, and to bind them 
by recognizance to appear at the next 



Further pow- 
er and duty 
of magistra- 
tes to cause 
offenders to 
be arrested 
and give re- 
cognizance 



73 



356 



Justices of the Peace. 



for appear- 
ance at court 
also for the 
peace and 
good behavi 
our in cases 
of refusal to 
commit. 



To commit 
capital offen 
ders, and to 
bail for lesser 
offences. 



To require 
securities of 
vagrants. 



Their fur 
ther power. 



General court, Circuit court, or court of 
Common Pleas, to be held within or 
for t e same county, at the discretion 
of the justice, and also to require such 
persons to find sureties for their keep- 
ing the peace, and being of good beha- 
vior until the sitting of the court they 
are to appear before, and to commit 
such persons as shall refuse, or delay to 
recognize & find such suretie or sureties ; 
& the justices of the Peace shall examine 
in o all homicides, murders, treasons 
and felonies done and committed in 
their respective counties, and commit to 
prison all persons guilty, or suspected to 
be guil y of man-slaughter, murder, 
treason, or other capital ofiFence, and to 
hold to bail all persons guilty or sus- 
pected to be guilty of lesser offences, 
which are not cognizable by a justice 
of the peace ; And require sureties for 
the good behavior of idle, vagrant and 
disorderly characters, swindlers & gam- 
blers, as well as of dangerous and dis- 
orderly persons; and shall take cog- 
nizance of, and examine into all other 
crimes, matters and offences, which by 
particular laws, are put within their ju- 
risdiction. 



74 



Justices of the Peace. 357 

AN ACT 

Establishing courts for the trial of small 
causes. 

Passed Sept. 17, 1807. 



Sec. 1. Every action of debt or oth- 
er demand (except such actions as are 
herein after excepted) shall be, and the 
same is hereby made cognizable before 
any Justice of the Peace or Magistrate 
in the township, either where the debt 
or cause of action was contracted, or 
arose,* where the plaintifif resides or 
where the defeddant may be found; 
and the said Justices are hereby author- 
ised to hold a court, to hear, try and 
determine the same, according to law; 
and the Jurisdiction of every justice of 
the peace under this act, shall be co-ex- 
tensive with the limits of his county, 
and his writs precepts and process, 
authorised by this act, shall run in, and 
through such county, and may be exe- 
cuted therein but not elsewhere, and the 
constables of the several townships, and 
they only, shall be ministerial officers 
of the said court and the Constables of 
every township in the territory, to 
whom any warrant shall be directed for 
service, by any justice of the Peace of the 



What actions 
cognizable 
before J. P. 
and where. 



Duty of con 
stables. 



'This is altered by act of ISOS see the act. 



75 



358 



Justices of the Peace. 



Tes* of pro 
cess. 



proper county, shall have power and 
authority to execute the same in any 
township in the county; and it shall be 
their duty to execute and return all 
precepts, summons, warrants, and other 
process, issuing out of the said court, 
and to them, or any of them directed 
and delivered ; and to perform all acts 
appertaining to their offices aforesaid; 
and all such precepts, summons, and 
other process, shall be tested of the day 
on which they are respectively issued ; 
and shall be under the hand and seal of 
the justice issuing the same. 



Magistrates 
to dismiss 
vexatious 
suits. 



if disinterested 
and not re!a 
ted to either 
party. 



If the plaintiff brings his suit in any 
other township, than is above directed, 
for the purpose of harassing the defen- 
dant, which shall be determined by the 
magistrate, before whom the suit is 
commenced ; and it appears to the said 
magistrate, that the said suit was vexa- 
tiously commenced, then he shall dismiss 
the suit, with costs, to the defendant: 
Provided always, That if there is not a 
justice of the peace residing in either of 
the townships, (as above mentioned) or 
if there is not a justice of the peace, re- 
siding in the said townships, who is 
disinterested in the event of the suit, or 
who is not of kin, to either of the par- 
ties, in, or within the second degree, it 
shall be lawful for the plaintiff to insti- 
tue his suit before a justice of the peace, 



76 



Justices of the Peace. 



359 



in any of the adjoining townships, in 
the same county; and the said justice 
is hereby authorised to take cognizance 
thereof, any thing herein contained to 
the contrary notwithstanding. 



Sec. 2. The first process which shall 
be issued against any defendant, by vir- 
tue of this act, shall be a summons or 
warrant, in nature of a capias ad respon- 
dendum, as the case may require; and 
the summons shall be used in every case 
under this act, where the defendant is a 
freeholder within the county, and re- 
sides therein; and the summons to be 
issued, as aforesaid, shall specify a cer- 
tain time, not less than six nor more 
than ten days, from the date of such 
process; and also a certain place, at 
which the defendant is to appear; and 
shall be served at least three days be- 
fore the time of appearance mentioned 
therein, by reading the same to the de- 
fendant, and serving him, or her with 
a copy thereof; if required, when the 
said defendant may be found ; but if 
he, or she, cannot be found, then by 
leaving a copy thereof at his or her 
house, or place of abode, in presence of 
some person of the family, of the age of 
ten years, or upwa ds, who shall be in- 
formed of the contents thereof; and 
the constable serving such summons, 
shall, on the oath of his office, endorse 



What shall 
be the first 
process. 



How to be 
served. 



77 



360 



Justices of the Peace. 



Justices to is 
sue warrants 
in certain 
cases. 



thereupon the time and manner of his 
executing the same, and shall subscribe 
his name thereto; Provided always. 
That in every case in which a summons 
is made the proper process, by this act, 
if it shall be sufficiently proved on oath, 
to the satisfaction of the Justice, that 
the plaintiff v\^ill be in danger of losing 
his or her demand, unless the defendant 
be arrested, it shall be the duty of the 
Justice to issue a warrant, in the nature 
of a capais, any thing herein contained 
to the contrary nothwithstanding. 



Justices to 
hear & deter 
mine causes 
in the ab> 
sence of de- 
fendant, 



Sec. 3. If the defendant does not 
appear at the time and place expressed 
in such summons, and it shall be found, 
by the return thereon endorsed, that the 
summons was duly served, and no suf- 
ficient reason be assigned to the Justice 
why the defendant does not appear; 
then the said Justice may proceed to 
hear and determine such cause, in the 
absence of the said defendant. 



Against 
whom war- 
rants are to 
be issued, & 
the manner 
of acting 
thereon. 



Sec. 4. The warrant in nature of a 
capias ad respondendum, shall be used in 
all cases under this act, in which the 
defendant is not a freeholder, within 
the county, and the Constable serving, 
or executing the same, shall, according 
to the command thereof, forthwith 
convey the defendant before the Justice 
who issued the same, and the said Jus- 



78 



Justices of the Peace. 



361 



tice shall thereupon, either cause the 
said defendant to give bail, for his, or 
her appearing, and abiding the event 
of the said suit ; or on neglect or refusal 
to give such bail, shall order the Consta- 
ble to convey him, or her to the jail of 
the county, there to be kept in custody, 
until the time appointed for the trial of 
the cause, w^hich shall not exceed three 
days, from the day of the return of the 
warrant, or the said justice may direct 
the Constable to hold the defendant 
in his custody, until the plaintiff shall 
have notice and time to attend, and pro- 
ceed to trial; and the constable, who 
served such warrant, shall, on the oath 
of his office endorse thereon the execu- 
tion thereof, and sign his name thereto. 



Sec. 5. The justice shall endorse on 
the summons or warrant, before the 
same is delivered to the constable, the 
sum demanded by the plaintiff, together 
with the costs that have accrued, and 
the defendant shall have the privilege 
of paying the amount of the said de- 
mand, and costs so endorsed without 
further proceedings in the cause; and it 
shall be lawful for the constable to re- 
ceive the same, and receipt therefor ; 
which receipt shall be a full and com- 
plete discharge to the defendant from 
the said demand and costs, and if the 



Justices to 
endorse sum- 
mons & war 
rants. 



Privilege of 
deft, in pay- 
ing amount 
endorsed. 



V V 



79 



362 Justices of the Peace. 



Liability of 
constables in 
with-holding 
money. 



After 7 days. 



To pay dou- 
ble in action 
case. 



constable shall not pay the money so re- 
ceived, to the justice who issued the pro- 
cess, or if he shall not pay the amount of 
the costs into the hands of the justice, 
or the debt or demand, into the hands 
of the plaintiiiE named in such process, 
within the space of seven days after he 
may have received the same; then the 
said constable shall be liable to pay to 
the said plaintiff, or his or her legal re- 
presentatives, double the amount of the 
said debt or demand, to be recovered 
with costs of suit, by an action of tres- 
pass on the case, in any court having 
cognizance thereof. 



Sec. 6. The recognizance of bail to 
be taken as is above provided, shall be 
in the following form, to wit : 



Township, ) 



Countv, 



Form of re- 
cognizance & 
of bail. 



"Whereas A B, (naming the defend- 
ant) hath been arrested, and is in cus- 
tody, at the suit of C D, (naming the 
plaintiff,) in an action of 

for the sum (or property, to the 
value) of now therefore, you 

O P, (naming the bail) do acknowledge 
yourself special bail in the said action in 
the sum of dollars to be 

levied upon your goods and chattels, 
and for want thereof, upon your body, 



80 



Justices of the Peace. 363 

if default be made in the condition of 
your recognizance, which condition 
is, that the said A B, (naming the de- 
fendant) shall be and appear before 
(naming the Justice) on the 
day of next, and if 

judgment be given against him or her, 
that he or she, shall pay the costs and 
condemnation money, or surrender his 
or her body in execution. Acknowl- 
edged before me one of 
the Justices of the Peace in and for the 
said county of the 
day of in the year of our 
Lord one thousand 



And every justice of the peace is here- 
by empowered to take such recogni- 
zance which shall remain with such jus- 
tice, for the benefit of the plaintiff in the 
suit; and if the defendant does not ap- 
pear, after such recognizance entered 
into, at the time and place specified in 
the said recognizance, and no sufficient 
reason be assigned to the said Justice, 
why he or she does not appear; then 
the said Justice may proceed to hear and 
determine the cause, in the absence of 
such defendant; and when the parties 
to any suit, to be instituted by virtue of 
this act, shall appear at the time and 
place appointed for trial, the said Jus 
tice shall proceed to hear and examine 
their respective allegations and proofs. 



The iustices 
to proceed if 
the deft, does 
not appear 
after recog- 
nizance. 



Without 
good cause 
shewn to 
give judgt. 
When par- 
ties appear 
proceed to 
trial of cause 
upon equita- 
ble princi- 
ples. 



81 



364 Justices of the Peace. 



May grant 
continuance 
7 days for 
pitff. and 14 
for deft. 



May issue de 
dimus. 



and shall thereupon give judgment, with 
costs of suit, according to the justice 
and equity of the case, unless he shall 
think it proper, on application of either 
par y to adjourn the trial; which ad- 
journment shall not be made for a longer 
period than seven days, when moved 
for by the plaintiff; nor for a 
longer period than fourteen days, 
when moved for by the defendant, ex- 
cept in peculiar cases, where a longer 
continuance may be necessary for either 
party to obtain depositions; for which 
end the said Justices is hereby authorised 
upon good cause shewn, to issue a De- 
dimus, returnable before himself at such 
time thereafter, as he may think reasona 
bly necessary. 



When an 
action is en- 
tered by a- 
greement 
without pro- 
cess, to pro- 
ceed, to judgt. 
& execution. 



Costs to be 
given deft, in 
case of non 
suit or dis- 
mission. 



Sec. 7. When parties agree to enter, 
without process, before a justice of the 
peace, any action herein made cogniza- 
ble before him, such justice shall enter 
the same on his docket, and shall pro- 
ceed to judgment and execution, in the 
same manner, as though a summons or 
warrant had been issued, served and 
returned ; and in all actions instituted 
by virtue of the provisions herein con- 
tained, in which the plaintiff shall be 
non suited, discontinue or withdraw his 
or her suit, without the consent of the 
defendant, the said justice shall give 



82 



Justices of the Peace. 365 

judgment for the defendant, for the 
costs which have accrued. 



Sec. 8. If in any cause instituted as 
aforesaid, it shall appear at the trial 
that there is a balance due to the de- 
fendant from the plaintiff, then the jus- 
tice shall enter up judgment against 
such plaintiff, in favor of the defendant, 
for the sum so appearing to be due, 
vrith costs of suit; and such defendant 
shall be entitled to execution in the same 
manner, as though such plaintiff had 
been the defendant in the cause. 



When a bal- 
lance appears 
in favour of 
deff. 



To give judg 
ment and a- 
ward exon. 



Sec. 9. The parties in every case a- 
rising under this act, shall have the pri- 
vilege of referring the matter in con- 
troversy betw^een them to referrees, 
who shall be chosen and mutually a- 
greed on between them, and who, after 
having heard the proofs and allegations 
of the parties, shall make their report 
in writing to the justice, and the said 
justice shall receive and file the same, 
and thereupon enter judgment accor- 
dingly. 



Parties may 
choose refer. 



Whose report 
the J. shall 
recieve and 
enter Judgt. 
thereupon. 



Sec. 10. Where judgment shall be 
given against the plaintiff or defendant 
under this act, the justice who gave such 
judgment shall grant execution thereup- 
on, returnable to such justice within 
twenty days, thereafter, commanding 



Exon. to be 
granted on 
such judgt. 



83 



366 



Justices of the Peace. 



To operate 
as fi fa & ca 
fa Constable 
to commit to 
jail. 



Jailor to re- 
ceive and 
keep. 



On escape 
shff. liable. 



Remedy over 
in cases vifhere 
the C. return 
nulla bona. 



Transcript to 
be certified 
to C. P. 



the constable to make the debt or dam- 
ages and costs, of the goods, and chat- 
tels of the party, and for want of suf- 
ficient goods and chattels whereon to 
levy and make the same, to take the 
body of such party, and to convey him 
or her to the common jail of the county; 
and the sheriff or keeper of such jail is 
hereby required to receive the person 
or persons so taken in execution, and 
him, her or them safely to keep until 
the sum recovered, and the costs of 
suit be fully paid, and in default of such 
safe keeping, the said sheriff shall be an- 
swerable to the party aggrieved, who 
shall have the same remedy against him 
as is provided by law in cases of escapes. 
But in case the constable cannot find 
goods and chattels belonging to the 
party, against whom such execution 
hath issued, sufficient to satisfy the judg- 
ment, it shall and may be lawful for 
the party in whose favor such judgment 
hath been rendered, to apply to the jus- 
tice for a transcript thereof, whose duty 
it shall be to grant the same, which be- 
ing filed in the office of the clerk of the 
court of C. pleas in the county in which 
the recovery hath been had ; execution 
may issue therefrom according to the 
rules and practice of the said court; 
and the amount of the said judgment, 
together with the costs of such removal, 
mav be levied on the lands and tene- 



84 



Justices of the Peace. 



367 



ments of the party against whom the 
same hath been rendered: Provided al- 
ways. That no execution shall issue from 
the court of common pleas, in man- 
ner aforesaid, after the party hath 
been taken in execution, and commit- 
ted to jail, until he or she shall be 
discharged from imprisonment under 
such execution : And provided also. That 
when a judgment shall be obtain- 
ed against executors or administrators, 
execution shall issue thereon in the same 
manner as it is issued against them in 
the courts of record within the territo- 
ry: And provided also. That when judg- 
ment shall be rendered as aforesaid, 
against a freeholder, no execution shall 
issue thereon un il the expiration of thir- 
ty days, if the judgment be for the sum 
of six dollars and under, or until the ex- 
piration of sixty days if the judgment be 
for any sum over six and under twelve 
dollars; nor until the expiration of 
ninety days, if the judgment shall be 
for the sum of twelve dollars and up- 
wards from the time of the render of 
such judgment, unless the party in 
whose favor such judgment hath been 
rendered, shall make it appear on oath 
or affirmation, to the satisfaction of the 
justice, that he or she, is in danger of 
losing his or her debt, or damages, if 
such delay of execution be allowed, in 
which case the said justice shall issue exe- 



And exon 
issued and 
levied on 
land. 



Must be first 
released from 
Jail. 



Exons. agst. 
exrs. & adm 
to be issued 
as in other 
cases. 



Exons. agst. 
freeholders 
not to issue 
until expira- 
tion of 30 
days for 6 
dollars 60 
days for 12 
dollars 90 
days for 18 
dollars. 



Unless par 
ty will make 
oath or af 
iirmation of 
danger of le 
sing debt 
when exon. 
shall issue 
immediately. 



85 



368 



Justices of the teace. 



Persons not 
freeholders 
to have stay 
of exon. 
On giving 
special bail. 



Unless deft, 
gives securi- 
ty. 



cutfon forthwith, as is herein above 
provided, unless the party against w^hom 
execution is moved for shall immediately 
give good and sufficient security to the 
adverse party, for the payment of the 
debt or damages and costs, within the 
space of thirty, sixty or ninety days, as 
the case may be: And provided also, That 
if judment shall be given as aforesaid, 
against a person who is not a freehol- 
der, such person shall have the execution 
against him or her respited for the like 
term of thirty, sixty or ninety days, 
as the case may be, on his or her enter- 
ing into recognizance to the adverse 
party with one sufficient security, in the na- 
ture of special bail, conditioned to deliver 
the body of the said party, to the sheriff of 
the county, at, or before the expiration 
of the time so to be allowed, or to satis- 
fy the amount of the judgment. 



A deft, not 
a freeholder 
appearing at 
return of or 
without war 
rant and ob 
taining seeuri 
ty in cofifsssi 
on of Judgt. 
be entitled 
to stay. 



Sec. 11. If any defendant who is not 
a freeholder shall appear at the return 
of the warrant, or shall appear by con- 
sent without process, & procure a good 
and sufficient freeholder, resident in the 
county, to join with him or her, in a 
confession of judgment to the adverse 
party, with costs, then such defendant 
shall be entitled to all the benefits and 
privileges which any freeholder is en- 
titled to by virtue of this act. 



Section 12 repealed. 



86 



Justices of the Peace. 



369 



Sec. 13. It shall be the duty of the 
justice to make up and tax a bill of 
costs, in every action instituted before 
him, according to the provisions of the 
\zw, ascertaining the fees to be allowed 
in such cases, setting down in said bill, 
each item, separa ely and distinctly, a 
true copy of which bill, certified and 
signed by the said justice, sh 11 be d liv- 
ered to the party against whom judg 
ment hath been entered, or left at his 
or her usual place of abode, before 
such party shall be called upon to dis- 
charge or satisfy the said judgment, and 
every justice who shall issue an execu- 
tion on any judgment, or receive the 
amount thereof, without having pre- 
viously tendered to the party, against 
whom such judgment hath been ren- 
dered, a certified bill of the costs as 
above provided, or without having de- 
livered the same to the constable, to be 
left at his or her usual place of abode, 
and every justice who shall insert in the 
said bill of costs any charge for services 
no actually performed, than is allowed 
by law, shall fo feit and pay to the par- 
ty against whom such bill hath been 
made and taxed, a sum of money equal 
to the amount of the cost taxed in the 
said suit; which sum shall and may be 
recovered with costs, before any justice 



To make up 
and tax a 
bill of costs. 



Stating items 
making copy 
and certify- 
ing same, to 
be delivered 
to the deft, 
or left at u- 
sual place of 
abo e. 



J issuing 

exon. before 
bill deliver- 
ed or charge 
for services 
not rendered 
to be fin- 
ed in amt. 
thereof. 



W W 



87 



370 



Justices of the Peace. 



To be re- 
covered be 
fore any J. 
P. 



of the peace within the county, and the 
jurisdiction of every j stice, for the 
purpose of prosecuting for, and recover- 
ing such forfeiture, shall be coextensive 
with the boundaries of the county, any 
thing herein contained to the contrary 
notwithstanding ; Provided always. That 
if the said forfeiture shall exceed the 
sum of eighteen dollars, then the sum 
may be recoverable by action of debt 
in any court of record within the Ter- 
ritory, and not elsewhere. 



Section 14, 15, 16 and 17 are not in 
force. 



Where act- 
ions by con- 
solidation 
may be brot. 
in C. P. 



Under wliat 
penalty. 



Sec. 18. No Justice of the Peace, by 
virtue of the provisions contained in 
this act, shall institute or sustain, two, or 
more actions or suits be ween the same 
parties for demands which are of such a 
nature, as by the rules of law may be 
consolidated in one action, under the 
penalty of eighteen dollars, to be recov- 
ered for the use and in the name of any 
person who shall first sue for the same, 
in the same manner as is provided in 
the thirteenth section of this act; and 
every judgment recovered against any 
defendant or defendants, by virtue of 
the provisions herein contained, may be 
pleaded in bar, and such plea may be 
received in any court within the ter- 
ritory, as a complete bar to any sub- 



88 



Justices of the Peace. 



371 



sequent action or suit, instituted by the 
same plaintiff or plaintiffs, against the 
same defendant, or defendants, for any 
demand due, and owing from the same 
defendant or defendants to the same 
plaintiff or plaintiffs, at the time of in- 
stituting the action in which such judg- 
ment shall have been obtained, if the 
demand on which such subsequent action 
or suit shall have been commenced, 
shall be of such a nature, as by the rules 
of law, might have been consolidated 
and joined in one action. 



Sec. 19. No constable who does not 
possess a freehold estate of the value of 
three hundred dollars or upwards, shall 
be permitted to serve or ex cute any 
process that shall or may be issued, un- 
der this act, until he hath executed and 
delivered a bond with one good and 
sufficient freeholder as his security, pay- 
able to the Sheriff as treasurer of the 
county in which he resides, in the penal 
sum of three hundred dollars, with a 
condition that he will faithfully perform 
the duties of his office, as constable, and 
that he will justly and fairly account 
for, and pay over all monies, that may 
come to his hands, upon or by virtue of 
any process issuing under this act, ac- 
cording to the provisions thereof, and 
every bond executed and delivered as 
aforesaid, shall be held for the benefit 



When Con- 
stables shall 
give bond. 



Condition 
thereof. 



89 



372 



Justices of the Peace. 



To be hold- 
en for the 
benefit of 
suitors. 



When condi- 
tion brolcen 
how to pro- 
ceed. 



From time 
time to a- 
ward exon. 



to 



Further rem- 
edy against 
C & security 



and security of all suitors in the courts 
of Justices of the peace of the respec- 
tive townships or counties; and if the 
condition of such bond shall at any time 
be broken, it sh 11 be the duty of the 
Sheriff on demand made for that pur- 
pose, to deliver the said bond to the 
party grieved, who is hereby au horised 
and empowered to institute an action 
thereon, having first indemnified the 
said Sheriff against all costs that may 
accrue on such prosecution, and after 
judgment obtained on any bond, ex- 
ecuted as aforesaid, the court may pro- 
ceed from time to time, to award 
execution against the defendants for 
money withholden or embezzeled by 
the said constable, or for penalties re- 
covered against him by virtue of the 
provisions herein contained, until the 
amount of monies levied shall equal the 
amount of such judgment; Provided, 
That no execution shall issue as afore- 
said, until the defendants be served with 
a copy of a rule to shew cause why 
such execution should not be awarded, 
and if any person or persons shall be in- 
jured by the illegal conduct of any con- 
stable under a colour of process issuing 
under this act, and sh 11 thereupon ob- 
tain j dgment agai st such constable, & 
goods and chattels c nnot be found suf- 
ficient to satisfy the said judgment, 
such person or persons shall have the 



90 



Justices of the Peace. 



373 



same remedy against the said constable 
and his security as is herein provided. 



Sec. 20. This act shall not be con- 
strued or understood to extend to, or 
embrace, nor shall any thing herein 
contained extend to, or embrace any 
action of debt on bonds for the perform- 
ance of covenants, actions of replevin, 
or upon any real contract, actions of 
trespass on the case, for trover and 
conversion, or slander, or actions of 
trespass, vi et armis, or actions vi^here- 
in the title of lands shall in any wise 
come in question. 



Exceptions. 



Actions not 
cognizable 
before a Jus- 
tice. 



Section 21, Not in force. 



Sec. 22. No Judge of a court of 
Common Pleas, of any county vrithin 
this Territory, shall act as a Justice of 
the Peace for the trial of small causes. 



No judge of 
C. P. to try 
small causes. 



AN ACT 



To amend an act, entitled "An act estab- 
lishing Courts for the Trial of Small 
Causes. 

Passed October 25th, 1808. 

Sec. 1. Whereas, abuses have arisen 
from the operation of that part of the 



91 



374 Justices of the Peace. 

law of the territory, to which this act 
is an amendment, which provides that 
actions of debt, or other demand 
should be made cognizable before any 
Justice of the Peace, or Magistrate in 
the township in which the plaintiff re- 
sides ; for remedy whereof - 

Be it enacted by the Legislative Council 
and House of Representatives, and it is 
hereby enacted by the authority of the same. 
Suits to be That every action of debt, or other 

debt cont''ac demand (except as in the said law is ex- 
ted or defen cepted) shall be, and the same is hereby 
an oun . made cognizable before any Justice of 

the Peace, or Magistrate, in the town- 
ship either where the debt or cause of 
action was contracted or arose, or where 
the defendant resides or may be found, 
and not elsewhere. 

Sec. 2. And whereas, doubts have a- 
risen whether Magistrates in one town- 
ship, have by law authority to compel 
the attendance of witnesses residing in 
any other township in the same county, 
for obviating of which doubts; 

Be it further enacted. That in all acti- 

Justice may ons and causes properly examinable in- 

nesses" f rom " ^^ before any Justice of the Peace in 

any town- any township in this territory, for the 

*** trial of small causes such Justice may 

issue his subpoena to compel the atten- 



92 



Justices of the Peace. 



375 



dance of witnesses on any trial before 
him, from any other township in the 
same county; and if any person being 
duly subpoenaed as a witness in any 
cause cognizable before a Magistrate 
for the trial of small causes, shall neglect, 
or refuse to attend at the day and time 
in such subpoena mentioned, he or she, 
so neglecting or refusing, shall be fined 
in any sum not exceeding the amount 
of the debt or demand sued for, to the 
use of the party on whose behalf such 
witness was so subpoenaed, for which 
fine with costs, the said Justice shall 
issue execution, against such witness, un- 
less such witness within thirty days af- 
ter the said fine shall be by such Justice 
so said, render on oath a reasonable ex- 
cuse to the satisfaction of such Magis- 
trate for such delay: Porvided, That 
no such witness shall be finable unless 
such subpoena shall have been served at 
least two days before the trial, where 
the witness resides within thirty miles 
of the place of residence of the Magis- 
trate, and one day more for every thir- 
ty miles, or less, above that distance: 
Provided also. That where any witness 
lives out of the county, the Magistrate 
may, and he is hereby au horis d to 
issue a dedimus to take the deposition 
of any such witness, as is usually done in 
the courts of record in this territory, 
and which shall be taken and read in 



failing to at- 
tend fined 
how much 
&c. 



Execution to 
issue unless 
excused. 



Prerequisite 
to fining 
witnesses. 



Witness liv- 
ing out of 
county just 
ice grant de 
dimus 



93 



376 Justices of the Peace. 

evidence, under the same rules and 
regulations that such depositions are usu- 
ally taken upon commissions issuing from 
the said court. 

Section 3, repealed 

Sec. 4. And be it further enact ed. That 
Stay of exe- upon any judgment which may here- 

cufion how after be rendered as aforesaid, no ex- 

fong and for , ,i • . -i i 

what sums. ecution shall issue thereon until the ex- 

piration of thirty days, if the judgment 
be for the sum of six dollars or under; 
or until the expiration of sixty days, if 
the judgment be for any sum above six 
or under twelve dollars; nor until the 
expiration of ninety days, if the judg- 
ment be for any sum of, or under eigh- 
teen, and above twelve dollars or up- 
wards; nor until the expiration of one 
hundred and twenty days, if the judg- 
ment be for any sum above eighteen 
dollars, and not exceeding thirty do - 
lars; nor until the expiration of one 
hundred and fifty days, where the judg- 
ment is thirty dollars and upwards, not 
exceeding forty dollars; any thing in 
the said act, to which this is an amend- 
ment to the contrary nothwithstanding. 



94 



Justices of the Feace, Vll 

AN ACT 

Concerning Justices of the Peace. 

Passed Dec. 24, 1814. 

Sec. 1. Be it enacted by the Legisla- 
tive council and House of Representa- 
tives, and it is hereby enacted by the 
au hority of the same, Th t the Justi- 
ces of the Peace who have been or sh 11 
be appointed and commissioned, in and 
for the several counties in this Terri- 
tory that novi^ exist and in such counties 
as may hereafter be erected, shall joint- 
ly or severally, have full power to keep, 
and cause to be kept all laws at present 
in force, or that may hereafter be made 
for the conservation of the Peace, and 
for the good government of the citizens 
and inhabitants of this Territory within 
the said counties respectively, according 
to the force form and effect of all such 
laws, of which they now have or here- 
after may have Jurisdiction; and to 
apprehend, imprison and punish all 
persons offending against those laws or 
any of them in the said respective coun- 
ties, in such manner as according to 
those laws, shall be right and proper, 
and to cause to come before them, 
or any of them, all persons who shall 

X X 



ustices of 
the peace to 
cause to be 
kept the 
peace in their 
respective 
counties. 



95 



378 



Justices of the Peace. 



To bind to 
good bebd' 
viour. 



To apprehend 

suspicious 

persoes. 



break the peace or have used or shall 
use threats against any citizen or inhab- 
itant or any person within this Terri- 
tory, and under the protection of its 
laws, concerning his or her bodies or 
the firing of his or her house, barn or 
other buildings, or the unlawful distruc- 
tion or injury of his or her property; 
and also such persons, who are not of 
good fame where they are found to 
enter into recognizance, with sufficient 
security for the peace or their good be- 
haviour towards the people and inhab- 
itants of this Territory and all those 
under the protection of its laws; and if 
the persons, against whom such proceed- 
ings are directed, shall fail to enter into 
such recognizance, it shall be the duty 
of the Justice of the peace to cause him 
or her to be safely kept in prison till 
he or she shall do the same. And fur- 
ther the said Justices shall have power 
to perform, and it shall be their duty to 
execute, all such matters, acts and 
things, as by law appertain to their 
office, and are or shall be enjoined on 
them and committed to their charge 
and execution. 



To recognize 
persons to 
appear at 
supreme 
court. 



Sec. 2. That every Justice of the 
Peace, who shall take any recognizance 
for the keeping of the peace or good 
behaviour, shall also make it a condi- 
tion in said recognizance that he, she 



96 



Justices of the Peace. 



379 



or they, therein bound, shall appear on 
the first day of the next succeeding ses- 
sion of the supreme court to be holden 
in the county, in which the case shall 
happen, and continue to abide there 
till discharged by said court. It shall 
also be the duty of said justice, to r cog- 
nize all the witnesses to appear at said 
court to testify against the offen er ; 
and it shall be the duty of such justice 
to return the recognizances thus re- 
quired to be taken by him to said court, 
which shall direct the parties bound to 
be called, and if they or any of them 
fail to appear, their default shall be en- 
tered & there recorded, and the recog- 
nizances shall be prosecuted to effect. 
If however, the party bound shall ap- 
pear, the said court shall hear the evi- 
dence and may discharge or continue 
the recognizance as shall appear to be 
most consistent with law. 



Also the 
witnesses. 



And return 
the recogni- 
zances to 
the court. 



Sec. 3. It shall be lawful for any jus- 
tice of the peace, upon oath being made 
before him, that any person hath com- 
mitted, or that there are just grounds 
to suspect that he or she hath committed 
any criminal offence within his county, 
to issue his warrant to arrest the per- 
son so charged and to enquire into said 
charge and commit the person so charg- 
ed to jail, or bail, or discharge him, ac- 
cording to the proof that may be addu- 



To issue war 
rant to ap- 
prehend 
offenders. 



97 



380 



Justices of the Peace. 



To admit to 
bail, dis 
charge or 
commit. 



Proviso. 



To recognize 
tiie witnesses 
to appear at 
court. 



ced and to the law arising thereupon; 
Provided however, That said Justices shall 
have no pow r to admit to bail, or 
mainprize any person or persons charg- 
ed with treason, murder, manslaughter, 
sodomy, rape, arson, burglary, robbery, 
forgery, or suspicion thereof, or with 
any crime punishable with death, or 
burning in the hand or elsewhere. And 
in all cases where the said Justices shall 
admit to bail or mainprize, they shall 
recognize the party bound, to appear on 
the first day of the next succeeding ses- 
sion of the supreme court in the county 
in which the transaction may happen, 
there to rem in till discharged by said 
court, & in all cases where the Justices of 
the peace shall either commit the person 
or persons charged to Jail, or admit him 
or her to bail or mainprize, the said 
justices shall recognize the witnesses to 
appear at the time aforesaid and at the 
court aforesaid to give testimony in the 
case whenever thereto required. 



When the 
offender goes 
into another 
county how 
proceeded a 
gainst 



Sec. 4. Be it enacted by the author- 
ity aforesaid. That in case any person, 
against whom a war ant shall be issued 
by any Justice or Justices of the peace 
of any County of this Territory for any 
offence therein committed or done, 
shall escape go into, reside or be in 
any other county out of the jurisdiction 
of the Justice or Justices granting such 



98 



Justices of the Peace. 381 

warrant as aforesaid, it shall and may 
be lawful for and it is hereby declared 
to be the duty of any Justice or Justices 
of the Peace of the county, where such 
person shall escape go into, reside or be, 
upon proof being made upon oath or 
affirmation of the hand writing of the 
justice or justices granting such warrant, 
to endorse his or their name or names 
on such warrant, which shall be a suf- 
ficient authority to the person or persons 
bringing such warrant and to all other 
persons, to whom such warrant was 
originally directed, to execute such 
warrant in such other county out of the 
Jurisdiction of the justice or justices 
granting such warrant as aforesaid and 
to apprehend and carry such offender 
before the justice or justices who en- 
dorsed such warrant or some other 
justice or justices of such other county 
where such warrant was endorsed, and 
in case the offence for which such offen- 
der shall be so apprehended as aforesaid To be carried 
shall be bailable in law by a justice of nte^cTf that 
the Peace, and such offender shall be coun y who 
ready and willing to give bail for his '"*'^ ** * 
or her appearance at the next succeed- 
ing session of the supreme court, to be 
holden for the County, in which the of- 
fence was committed, such Justice or Jus- 
tices of the Peace of such other County, 
before whom such offender shall be 
brought, shall and may take bail of such 



99 



382 



Justices of the Peace. 



Justices to 
give the pa- 
pers to the 
person who 
arrested the 
offender. 



He to deliv- 
er them to 
the elk. 



Penalty. 



offender for his or her appearance at the 
next succeeding session of the Supreme 
court to be held in and for the County 
where such offence was committed, in 
the same manner as the Justices of the 
Peace of the proper County might have 
done and the justice or Justices of such 
other County so taking bail as aforesaid, 
shall deliver the recognizance of bail, 
and all other proceedings relating to 
said offender and offence before him had 
to the constable or other person or per- 
sons so apprehending such offender as 
aforesaid who is and are hereby requi- 
red to receive the same and to deliver 
over as soon as practicable, such recog- 
nizance, and other proceedings to the 
clerk of the Supreme court in the coun- 
ty where the offender may be required 
to appear by virtue of such recogni- 
zance ; And such recognizance and 
other proceedings shall be as good and 
effectual in law to all intents & purpo- 
ses, and of the same force and validity 
as if the same had been entered into, 
taken or acknowledged, before a Justice 
or Justices of the Peace, in and for the 
proper County where the offence was 
committed. And the same proceedings 
shall be had thereon, and in case such 
Constable or other person, to whom 
such recognizance or other proceed- 
ings, shall be delivered as aforesaid, 
shall refuse or neglect to deliver over 



100 



Justices of the Peace. 



383 



the same to the clerk of such court as 
aforesaid where the offender is required 
to appear by virtue of such recognizance, 
such Constable or other person shall 
forfeit thirty dollars to be recovered 
against him with costs by action of debt, 
bill, plaint, or information, in any court 
of record having cognizance thereof, by 
any person or persons, who will prose- 
cute or sue for the same. And in case 
the offence for which such offender 
shall be apprehended in any other coun- 
ty as aforesaid, shall not be bailable in 
law by a justice of the peace or such 
offender shall not give bail for his or 
her appearance in the manner and ac- 
cording to the mode herein prescribed, 
to the satisfaction of the justice or jus- 
tices, before whom such offender shall 
be brought, in such other county, then 
the constable or other person, so app e- 
hending such offender, shall carry and 
convey such offender before one of the 
justices of the peace in the proper coun- 
ty, where such offence was committed 
there to be dealt with according to law. 



If the sffence 
be not baila- 
ble or the 
person does 
not give bail, 
he is to be to 
ken back to 
the county 
where the of- 
fence was 
committed. 



Sec. 5. Be it enacted by the authori- 
ty aforesaid. That no action of trespass 
or false imprisonment, or information, 
or indictment shall be brought, sued, 
commenced, exhibited, or prosecuted, 
by any person or persons whatsoever, a- 
gainst the Justice or Justices, who shall 



Justice not fi 
able for in- 
dorsing the 
warrant. 



101 



384 



Justices of the Peace, 



endorse such warrant for, or by reason 
of his endorsing the same, but the per- 
son aggrieved shall have all the redress 
he may be entitled to against the Justice 
or Justices who originally granted such 
warrant in the same manner as such 
person or persons might have had in case 
this clause in this act had not been made. 



Not to take 
cognizance 
of sums over 
twenty dolls. 



Discounts al- 
lowed on tri- 
al if notice 
be given. 



Exon not to 
issue agt. bo- 
dy of deft. 



Unless it ex- 
ceeds 4 dlls. 



Sec. 6. Be it further enacted by the 
authority aforesaid. That the Justices 
of the peace in each county in this ter- 
ritory, shall have cognizance in all 
cases, wherein the demand shall not ex- 
ceed twenty dollars, in which said causes 
they may give judgment, and there- 
upon award execution; and in all such 
cases discounts shall be allowed, and the 
Justices shall give judgment either for 
the plaintiff or defendant as the case 
may be; Provided, the plaintiff have 
reasonable notice that such discount is 
intended to be offered: Provided al- 
ways, that no execution shall be issued 
against the body of any defendant, un- 
less the judgment exceed the sum of 
four dollars, which execution shall be 
executed and returned by the sheriff 
or constable, to whom directed, in the 
same manner as other executions are 
to be executed and returned. 



Sec. 7. Be it further enacted by the 
authority aforesaid, That in all cases as 



102 



Justices of the Peace. 



385 



aforesaid brought before any Justice of 
the peace, the best evidence to establish 
the demand of either plaintiff or defen- 
dant shall be required; Provided howe- 
ver, that in all cases whe e either party 
may not have a witness or other legal 
evidence to establish a demand or dis- 
count or set off, the party, claiming such 
demand or discount, shall be permitted 
to prove the same by his ow^n oath, if 
the adverse party shall refuse to deny 
the same upon his oath M^hich the Jus- 
tice of the peace, before w^hom the case 
may be depending, shall be authorised to 
tender or administer to the party who 
may deny or refuse to admit such de- 
mand or discount, and no person shall 
be permitted by said Justices of the peace 
to deny his b nd, promisory note, or 
bill for money or other thing, unless 
such person shall first make affidavit to 
the truth of such denial. 



Party may 
swear to his 
acct. if the 
other will 
not deny it 
on oath. 



Sec. 8. And be it further enacted by 
the authority aforesaid ; That in case 
any person, after being summoned to 
answer any complaint for debt before 
any justice, shall before the day of trial 
remove out of the county, in which he 
was so summoned, such justice may ne- 
vertheless give Judgment against him 
in the same manner as if he had been 



If deft, re- 
moves be- 
fore judg- 
ment what. 



Y Y 



103 



386 



Justices of the Peace. 



jf deft, re- 
moves after 
Judgt. justice 
may send his 
execution to 
another coun 
ty after him. 



personally present. And if any person 
after Judgment of such justice shall re- 
move out of the county, before satisfac- 
tion made, such Justice may issue exe- 
cution against such person, which may 
be levied by any sheriff or constable of 
the county to Vi^hich such person may 
have removed, provided that in all 
such cases the Justices so issuing such 
execution to another county shall en- 
dorse on the back thereof that the par- 
ty had removed after Judgment. 



Constables 
duty. 



Failing how 
punished. 



Sec. 9. And Be it futher enacted by 
the authority aforesaid. That it shall 
be the duty of constables to levy all 
executions put into their hands, agree- 
ably to the tenor thereof; and to make 
due returns of the same, together vrith 
all summons or warrants to the magis- 
trate to whom they may be made re- 
turnable and if any constable shall fail 
to execute and make such returns or to 
pay to, or account with, any person 
for whom he may have received mon- 
ey on execution within ten days after 
the receipt thereof, the person so inju- 
red as aforesaid may upon application 
to any Justice within the county obtain 
a warrant against him; and such Jus- 
tice shall upon proof thereof, award 
Judgment and execution for the same 
and all costs against such constable and 
also fine him for such abuse in a sum 



104 



Justices of the Peace. 



387 



not exceeding ten per cent on the a- 
mount so withheld ; and in case of ne- 
glect or refusal to serve and return any 
warrant or summons as aforesaid, may 
fine the constable so offending in a sum 
not exceeding the amount of the de- 
mand against the defendant. 



Sec. 10. Be it further enacted by 
the authority aforesaid. That Justices 
of the Peace may issue summons for 
witnesses in any cause civil or criminal 
to be tried or enquired into by them, 
which being served three days before 
the trial, such witness shall be subject to 
a fine of three dollars for default and 
the Justice may issue execution for the 
amount, Provided said witness having 
notice to attend to answer such default 
shall not be able to shew a sufficient ex- 
cuse for not attending as required to do. 



Justice to 
issue sum- 
mons for 
witnesses 



Witnesses 
punisliable. 



Proviso. 



Sec. 11. And be it further enacted 
by the authority aforesaid. That if 
any Justice of the Peace shall be insul- 
ted or unlawfully disturbed in the ex- 
ecution of the duties of his office, said 
justice shall have power to fine any 
person so offending in any sum not ex- 
ceeding ten dollars or to imprison or 
confine such offender for the space of 
twenty four hours ; and all constables, 
sheriffs or other citizens shall be aiding 
and assisting said Justice in the execu- 



Justice to 
punish con- 
tempts. 



105 



388 



Justices of the Peace. 



tion of such imprisonment, or on their 
failure so to do, the said justice shall 
have power to fine any and each of 
them in any sum not exceeding ten 
dollars and to issue execution thereup- 
on. 



Fines to go 
in aid of the 
county levy. 
Justice shall 
not keep a 
docket. 



Sec. 12. All fines that may be in- 
flicted by justice of the peace shall be 
accounted for and go in aid of the 
county levy. No justice of the peace 
shall hereafter be obliged to keep any 
docket. 



County court 
to build and 
take care of 
courthouses 
and jails. 



Sec. 13. Be it &c. That the county 
courts in their respective counties, shall 
cause to be erected and kept in good 
repair or where the same shall be alrea- 
dy built, shall maintain and keep in 
good repair at the charge of the county 
one good convenient Court-house and 
one sufKcient jail and shall for that pur- 
pose be and hereby are empowered to 
levy a tax on the county at the time 
and in the manner provided by law. 



To enquire 
into the con- 
duct of jail- 
ors and state 
of jails. 



Sec. 14. Be it further enacted, That 
the said county courts shall have full 
power and authority at all times, to 
enquire into the conduct of jailors and 
the state of jails in their respective coun- 
ties, and on neglect of duty, to cause 
such jailors to be removed by an order 
to the sheriff for that purpose. 



106 



Justices of the Peace. 



389 



Sec. 15. Be it, &c That the said 
county courts shall, and they are here- 
by empowered and required to cause to 
be marked, bounded and recorded, the 
bounds and rules of their respective 
county prisons, not exceeding Ten a- 
cres, which marks and bounds may be 
renewed from time to time as occasion 
may require, but every alteration in 
those marks and bounds shall be recor- 
ded; And every prisoner not commit- 
ted for treason or felony, giving good 
security to the Sheriff to keep within 
the said rules shall have liberty to walk 
therein, out of the prison and keeping 
within said bounds shall be adjudged in 
law a true prisoner. 



To desig- 
nate prison 
bounds 



Who may 
take the ben- 
ifit of prison 
bounds. 



Sec. 16. Be it &c. That in all judg- 
ments given by a Justice of the peace 
when the amount thereof shall exceed 
four dollars the party, against whom 
such judgment shall be given, shall have 
a right to appeal from the same to the 
next County court to be held for the 
County wherein the judgement was ren- 
dered provided there be ten daj^s be- 
tween the granting the judgment on 
which the appeal is made & the setting 
of the court. Whereupon the Justice or 
justices who gave such judgment shall 
suspend all proceedings thereon and 
shall return the papers and the judg- 
ment he had given to the Clerk of said 



Appeal from 
justice of the 
peace to the 
county court 



107 



390 



Justices of the Peace. 



To be tried 
in a summary 
way 



Cannot be 
continued 
beyond the 
2d term 



Appeal how 
applied for 
ond obtained 



County; & the said court shall thereupon 
at their next session hear and determine 
the same in a summary way without 
pleading in writing, according to the 
justice of the case, unless the said court 
for good cause to them shewn, shall con- 
tinue the same to the next court, beyond 
which second court the said appeals shall 
not be continued, Provided however that 
the said court shall at all times admit of 
any amendment of the papers or pro- 
ceedings that may be necessary to a fair 
trial of the cause upon its own intrinsic 
merits — And execution may be taken 
out on a judgment given by the said court 
on such appeal in the same manner as if 
the cause had been originally instituted 
in said court. In all cases where a par- 
ty may desire to appeal from a judg- 
ment of a justice of the peace pursuant 
to this act, he shall receive from the 
justice a copy of such judgment, and 
produce the same to the clerk of the 
county court and shall enter into bond 
in the office of such clerk in a penalty 
double the sum of such judgment with 
security, who shall be approved of by 
the justice, from whose judgment the 
appeal is made; such bond shall be 
conditioned for the payment of the debt 
and costs in case the judgment shall be 
affirmed on the trial of the appeal. Up- 
on the execution of such bond, the clerk 
shall certify the same to the magistrate 



108 



Justices of the Peace. 



391 



and constable enjoining further proceed- 
ings and issue a summons to the appel- 
lee to appear at the court to which the 
appeal is returnable, noting the day 
the same shall be set for trial by the 
clerk, the constable shall summon the ap- 
pellee, his agent, or attorney if within 
the county which summons shall be exe- 
cuted ten days before the court where 
the same shall be tried. 



Sec. 17. Be it &c. That where the 
appellee shall reside in another county, 
the clerk of the court, tp which the ap- 
peal is made, shall have power and au- 
thority to issue a summons to cause such 
appellee to appear before the court, 
which summons shall be executed by the 
appellant or some other person for 
him on the appellee, and satisfactory 
proof of such service shall be made to 
the court to which the summons shall be 
returnable; and if the appellant shall 
neglect to execute or cause to be exe- 
cuted such summons upon the appellee 
before the second court after praying an 
appeal, the judgment of the justice shall 
stand confirmed. 



If the appelle 
resides out of 
of county 
how to be 
served with 
summons 



Sec. 18. Be it, &c. That it shall be 
the duty of the Justice who gave the Justice to 
judgment, to lodge with the clerk at petrJi'th ''** 
or before the next court any papers 
produced and read on the trial before 



109 



392 



Justices of the Peace. 



Crerk docket 
the cause 



Parties to 
have benefit 
of the legal 
testimony be 
fore the Justi 
ce 



him, and if no papers to certify the 
same to the clerk, noting thereon all the 
costs. The clerk shall docket the cause 
in order. The court shall proceed and 
determine the appeal in a summary 
way at their next court and give such 
judgment as to them shall seem just with 
respect to the costs as well as the debt, 
but may grant a continuance if they 
deem it right, to the next court but 
not longer; and in all appeals from 
the judgment of a Justice or Justices of 
the peace, the party shall have the ben- 
efit of all legal testimony that was be- 
fore the Justice of the peace, who ren- 
dered the judgment or that might have 
been lawfully admitted by said Justice 
in the trial before him. 



The county 
court to be 
obeyed n the 
same manner 
as the court 
of C. P. 



Sec 19 Be it, &c. That the said coun- 
ty court shall have power to issue all pro- 
cess of every descrip ion that may be 
necessary to the exection of the powers 
with which they are or may be invest- 
ed. All officers, who were bound to 
obey the judgments or orders or pro- 
ceedings of the courts of Common 
Pleas in those cases in which the juris- 
diction of those courts of Common 
Pleas is by this law transferred to the 
county courts shall be equally subject 
to the authority of the county courts & 
be bound to perform the same duties 
in regard to them, in like manner as if 



no 



MARRIAGES. 



393 



there had been no change in those courts 
except as to the name only. 

Sec. 20. Be it, &c. That the coun- 
ty courts when acting in their judicial 
capacity shall have the same power to 
punish contempts of their authority as 
the supreme court does or may possess, 
and all judgments given by said courts 
upon appeal shall be final. 

This law shall take effect from and 
after the passage thereof. 



County court 
has same 
power to 
punish con- 
tempt as su- 
preme court. 
Judgment on 
appeal final. 



MARRIAGES. 



AN ACT 



Regulating Marriages, 
Passed September \7th, 18 7. 
Sec. 1. Male persons of the age of 
Z z 



111 



394 



MARRIAGES. 



At what age 
persons may 
marry. 



By whom. 



seventeen years, and female persons of 
the age of fourteen years, and not pro- 
hibited by the laws of God, may be join- 
ed in marriage. 

It shall be lawful for any of the Judg- 
es of the General court, or the court 
of Common Pleas, or any of the justi- 
ces of the peace in their respective coun- 
ties ministers of any religious society, or 
congregation, within the district in which 
they are settled, and the society of 
Christians, called Quakers, in their pub- 
lic meetings, to join together as hus- 
band and wife, all persons of the above 
description, who may apply to them, 
agreeably to the rules and usages of the 
respective societies, to which the par- 
ties belong. 



In what man 
ner intention 
of the parties 
to be publish 
ed &e. 



Sec. 2. Previously to persons being 
joined in marriage, as aforesaid, the in- 
tention of the parties shall be made 
known, by publishing the same for the 
space of fifteen days at least, either by 
the same being publicly and openly de- 
clared, three several Sundays, Holy- 
days, or other days of public worship, in 
the meeting in the towns where the 
parties respectively belong, or by pub- 
lication in writing under the hand and 
seal of oneof the judges before mentioned, 
or of the justices of the peace within the 
county, to be affixed in some public 



12 



MARRIAGES. 



395 



place in the town wherein the parties 
respectively dwell, or a license shall be 
obtained from the Clerks of the courts 
of Common Pleas, of their respective 
counties, which said license shall au- 
thorise the marriage of the parties, 
without publication, as is herein requir- 
ed, for which lecense the Clerk shall be 
entitled to have and receive the sum of 
one dollar, and the said Clerk shall keep 
a record of such licenses by them issued. 



Licence how 
obtained and 
from whom. 



Fee. 



Sec. 3. Male persons under the age 
of twenty one years, and females under 
the age of eighteen, shall not be joined 
in marriage, without first obtaining the 
consent of their fathers, respectively, 
or in case of the death or incapacity of 
their fathers, or their mothers, or guar- 
dians: Provided, Such parents or guar- 
dians live within the territory; where 
persons not resident within the territory, 
apply to be joined In marriage, the con- 
sent of fathers, mothers and guardians 
shall be obtained In like manner as If 
they were citizens of the territory. 



Under what 
age to obtain 
previous con 
sent of poren 
ts &c. 



Sec. 4. A certificate of every mar- 
riage solemnized as aforesaid, signed by 
the judge or justice, or minister, solem- 
nizing the same, or In case of Quakers, 
by the Clerk of the meeting, shall be by 
such Judge, Justice, Minister or Clerk, 
respectively transmitted to the Clerk of 



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



113 



396 



MILITIA. 



Exemplifica- 
tion tliereof 
to be deem- 
ed evidence. 



the court of Common Pleas, in their 
respective counties, wherein the marri- 
age has been solemnized, within three 
months thereafter, to be entered on re- 
cord by the said clerk, an exemplification 
of which shall be evidence of such mar- 
riage. 



MILITIA. 



AN ACT 



Establishing and regulating the Militia. 



Passed Sep. 17, 1807. 



Persons lia- 
ble to militia 
duty. 



Sec. 1. Each and every free, able 
bodied white male citizen of the Ter- 
ritory who is, or shall be of the age of 
eighteen years, and under the age of 
forty-five years, except as is herein af- 
ter excepted, shall severally and respec- 
tively be enrolled in the militia by the 
captain or commanding officer of the 
company within whose bounds such cit- 
izen shall reside, within twenty days 



114 



MILITIA. 397 

next, after such residence; and it shall To be enrol- 
at all times hereafter, be the duty of manding of- 
such captain or commanding officer of fleers of co's 
a company to enrol every such citizen 
as aforesaid, and also those who may 
from time to time, arrive at the age of 
eighteen years, or being of the age of 
eighteen years, and under the age of 
forty-five years, except, as is herein af- 
ter excepted, shall come to reside w^ith- 
in his bounds, and shall without delay 
notify such citizen of the said enroll- 
ment, by a proper non-commissioned of- 
ficer of the company, by whom such 
notice may be proved ; and every citi- 
zen so enrolled and notified, shall with- H»w armed 
in six months thereafter, provide himself 
with a good musket, a sufficient bayo- 
net and belt, or a fusee, two spare flints, 
a knapsack and a pouch, with a box 
therein, to contain not less than twenty 
four catridges, suited to the bore of his 
musket or fusee, each catridge to con- 
tain a proper quantity of powder and 
ball, or a good rifle, knapsack, pouch 
and powder horn, with twenty balls 
suited to the bore of his rifle, and a 
quarter of a pound of powder; and 
every enrolled person shall so appear 
armed, accoutred and provided, when 
called out to muster or into service, ex- 
cept when called out on company days, 
to exercise only, he may appear without 
a knapsack ; The commissioned officers 



115 



398 



MILITIA. 



Commission- 
ed officers 
how armed. 



To appear 
in uniform. 



Colour, how 
determined. 



shall severally be armed with a sword or 
hanger, and espontoon; and it shall be 
the duty of each officer, noncommission- 
ed officer and each militia man, when 
ever they shall meet for the purpose of 
mustering to appear in some cheap uni- 
form, the colou and fo m of which shall 
be determined by a board composed of 
the commissioned officers of each regi- 
ment, who shall meet for that purpose, 
on or before the first day of March next, 
or at any time thereafter, when the 
colonel of each regiment shall direct; 
and the officers and men of the said re- 
giment shall within six months after the 
said meeting, provide themselves with 
the uniform, as directed by the said 
board. 



Arms, &c. 
exempted 
from all sei- 



Every citizen so enrolled, and provi- 
ding himself with arms, ammunition, uni- 
form and accoutrements, required as 
aforesaid, shall hold the same exempted 
from all suits, distresses, executions or 
sales for debt, damages, or the payment 
of taxes. 



What pers- 
ons exempt 
from militia 
duty. 



Sec. 2. The Judges of the supreme 
court, the attorney general, the Clerk 
of the supreme court of the Territory, 
all ministers of the gospel, licensed to 
preach according to the rules of their 
sect, all keepers of jails, and such other 
persons, as are exempted by the laws of 



116 



MILITIA. 399 

the United States, shall be and are here- 
by exempted from militia duty. 

Sec. 3. The militia of the Territory 

shall be divided into divisions, brigades. Militia how 
,. , divided. 

regiments, battalions and companies; 

each division, brigade and regiment shall 
be numbered and a record of such num- 
bers made in the adjutant general's 
office, and when in the field or in ser- 
vice in the Territory, each division, 
brigade or regiment, shall respectively 
take rank according to their numbers, 
reckoning the first or lowest number the 
highest in rank ; each division shall con- 
sist of two brigades ; each brigade of not 
less than two, nor more than four regim- 
ents; each regiment of two battalions; 
each battalion of four companies, and 
each company shall consist of sixty-four 
privates; Provided always. That if local 
circumstances should require it, a com- 
pany may be formed of forty, or exten- 
ded to eighty rank and file. 

Sec. 4. The militia of the territory, 
shall be officered as follows, to wit : To And officer d 
each division there shall be one major 
general, who shall be allowed two aid 
de camps, with the rank of major; To 
each brigade one brigadier general, with 
one brigade inspector, to serve as bri- 
gade major, with the rank of major, to 
be appointed by the brigadier general, 



117 



400 



MILITIA. 



from among the commissioned officers 
of his brigade; To each regiment one 
lieutenant colonel commandant; To 
each battalion one major, and to each 
company one captain, one lieutenant, 
one ensign, four sergeants, four corpo- 
rals, one drummer, and one fifer. The 
regimental staff shall consist of one ad- 
jutant, one quarter master, and one pay- 
master, to be chosen from among the 
subaltern officers, if fit persons can be 
found ; one surgeon, one surgeon's 
mate, one sergeant major, one quarter 
master sergeant, one drum major, and 
one fife major. 



One com'ny 
of artillery 
and one troop 
of horse to 
attached to 
each brigade. 



How armed 
& officered. 



Sec. 5. There shall be attached to 
each brigade, one company of artillery, 
and one troop of horse, when in the o- 
pinion of the brigadier general, the said 
companies, or either of them, can, with 
convenience, be raised and equipped 
within his brigade. - To every compa- 
ny of artillery, there shall be one cap- 
tain, two lieutenants, four sergeants, 
four corporals, six gunners, six bom- 
bardiers, one drummer, and one fifer, 
and not less than twenty, nor more than 
thirty matrosses ; the non commissioned 
officers, shall be armed with a sword 
or hanger, & each private, or matross, 
shall be furnished with a fusee, bayonet 
and belt, with a cartridge box, to con- 
tain twelve cartridges. - And to each 



118 



MILITIA. 



401 



troop of horse there shall be one cap- 
tain, two lieutenants, one cornet, four 
sergeants, four corporals, one saddler, 
one farrier, one trumpeter and not less 
than thirty, nor more than sixty pri- 
vates. 

The commissioned officers shall fur- 
nish themselves with good horses, sad- 
dles, and holsters, and be armed with a 
sword, and pair of pistols; and each 
dragoon, shall provide himself with a 
servicable horse, a good saddle, holsters, 
a bridle, a mail pillion, and valice, a 
breast plate and crupper, a pair of boots, 
and spurs, and be armed with a sabre, 
and pistol, or pair of pistols, and car- 
tridge box to contain twelve cartridges 
for pistols. Each company of artillery, 
and troop of horse, shall be formed of 
volunteers from the brigade, and be en- 
listed by the officers commanding them, 
and shall be uniformly cloathed in regi- 
mentals, furnished at their own ex- 
pense, the colour and fashion to be de- 
termined by a board to be composed of 
the officers of each of the said compa- 
nies. 

Sec. 6. And whereas it will be of 
great utility and advantage, in estab- 
lishing a well disciplined militia, to an- 

A A A 



To be form- 
ed by volun- 
teer enlist, 
tnents. 



Companies 
of light in- 
fantry gren- 
adiers and 
riflemen to 
be raised. 



119 



402 



MILITIA. 



By voluntary 
enlistment. 



At the age 
of 28 to be 
enrolled in 
the district 
companies. 



nex to each battalion a light company, 
to be formed of young men, from the 
age of eighteen to twenty-eight years, 
whose ability and domestic circumstan- 
ces will admit of a frequency of train- 
ing, and who will be in a state of read- 
iness in all cases of emergency, not 
practicable or convenient for the militia 
in general, and their returning to the 
main body, on their arrival at the latter 
period, will be giving thereto a military 
pride and experience from which the 
best of consequences must result ; There- 
fore it is enacted. That the Governor 
shall appoint and commission one captain, 
one lieutenant, and one ensign, to each 
battalion ; and the said company shall 
be distinguished by the denomination of 
grenadier, light infantry, or rifle men, 
at the discretion of the commanding 
officer of the brigade. Every person 
belonging to the said light companies, 
shall wear, while on duty, such caps and 
uniforms, as the field officers of the re- 
giment shall direct, to be purchased by 
such companies at their own expense. 
And the officers of such light compa- 
nies shall after qualifying In the manner 
hereafter directed, proceed to raise 
their companies, by voluntary enlist- 
ments, anv where within the bounds of 
the battalions, to which they may be at- 
tached, of young men, as before direct- 
ed ; and as the men of such light com- 



120 



MILITIA. 



403 



panics, shall, from time to time arrive 
at the age of twenty eight years, the 
captain shall make report thereof to the 
commanding officer of the battalion, 
who shall order them to be enrolled in 
the district company they may respect- 
ively live in, and the deficiency shall be 
supplied by a new enlistment. The 
companies shall, in all respects, be sub- 
ject to the same regulations and orders 
as the rest of the militia, except as is 
hereinafter excepted. 



Sec. 7. The commanding officers of 
regiments, battalions, and companies, 
in each county, shall, on the first day 
of May next, meet at their respective 
court houses, there to divide the coun- 
ties into districts, for the purpose of 
forming the regiments, battalions and 
companies, by this act established, 
which district so laid off, shall be de- 
signated by certain lines and bounds, 
to be by them established, and which 
shall be recorded by the Judge Advo- 
cate, as Clerk of each regiment: Pro- 
vided always, That if emigration, into 
any of the company districts, shall ren- 
der it necessary to form new districts, 
so as to affix to each district, its pro- 
per number of effective militia, it shall 
be the duty of the captain of each 
company, which shall have increased 
above the proper number, to notify the 



Counties in 
what manner 
divided into 
districts. 



Wiien new 
districts sliall 
be formed. 



121 



404 



MILITIA. 



Manner 
thereof. 



commandant of the battalion, to which 
such company belongs, thereof; who 
shall give the like information to the 
commandant of his regiment, whose du- 
ty it shall be to cause a meeting of the 
commanding officers of the companies 
of such battalion, or regiment (as the 
case may be) from which such new com- 
pany is to be taken, at the most conve- 
nient place in the battalion, or regi- 
ment, as soon as may be; and the of- 
ficers so met, shall proceed to divide 
such district, in case it contains a suffici- 
ent number of effective men, so as to 
form two companies, or otherwise to 
take from the several adjoining districts, 
such parts as they can spare, without 
reducing the original company, or 
companies, below their proper quota, 
and thereof form one new company. 



Requisites to 
a command. 



Sec. 8. No person shall be eligible 
to a command in the militia, who is not 
a citizen of the United States, and has 
not resided twelve months in this ter- 
ritory. 



Commission- 
ed officers 
to take oath. 



Sec. 9. Every officer commissioned 
by virtue of this act, shall, previous to 
his entering on the duties of his res- 
pective office, take the oath of allegi- 
ance to the United States, and the fol- 
lowing oath or affirmation, to wit: 



122 



MILITIA. 



405 



"I do solemnly swear (or 

affirm as the case may be) that I will 
faithfully and justly execute the duties 
of a in the militia of the territo- 

ry, according to the best of my abili- 
ties — so help me God. 



form thereof 



Which oath or affirmation, shall be 
endorsed on the back of the commission 
by the person administering the same. 



Sec. 10. All commissioned officers 
shall take according to the date of their 
commissions, and when two or more of 
the same grade be of equal date, then 
their rank to be determined by lot to be 
drawn by them before the commanding 
officer of the brigade, regiment, bat- 
talion, company, or detachment. 



Rank of of- 
ficers how 
determined. 



Sec. 11. Each battalion, & regiment, 
shall be provided with regimental stan- 
dards, with the number of the regiment 
inscribed on the same, by the field offi- 
cers; and each company with the re- 
gimental colours, with the number of 
the company in such regiment inscribed 
thereon; a drum and fife, by the com- 
missioned officers of the company, in 
such manner as shall hereinafter be di- 
rected. 



Standard 
colours and 
music, how 
provided. 



Sec. 12. There shall be an adjutant 
general appointed in the Territory, 



123 



406 MILITIA. 

whose duty it shall be to distribute all 
Ad. gen. his orders from the commander in chief of 

^"*V- the Territory, to the several corps; to 

attend all public reviews, when the 
commander in chief shall review the 
militia, or any part thereof; to obey 
all orders from him, relative to carry- 
ing into execution, and perfecting the 
system of military discipline, established 
by this act; to furnish blank forms of 
the different returns that may be re- 
quired, and to explain the principles on 
which they should be made; to receive 
from the several officers of the different 
corps throughout the Territory, returns 
of the militia, under their commands, 
reporting the actual situation of the 
arms, accoutrements and ammunition, 
their delinquencies, and every other 
thing which relates to the general ad- 
vancement of good order and discip- 
line ; all which the several officers of 
the divisions, brigades, regiments, and 
battalions, are hereby required to make 
in the usual manner, so that the said 
adjutant general may be duly furnished 
therewith ; from all which returns he 
shall make proper abstracts, and lay the 
same immediately before the comman- 
der in chief of the Territory; Provided 
always. That the adjutant general of 
the militia of this Territory, shall be, 
ex officio, inspector general of the 
same. 



124 



MILITIA. 407 

* Sec. 13. It shall be the duty of Brig, inspr. 
the brigade inspector to attend all " " ^* 
musters of officers, within his brigade, 
to exercise and examine them; to note 
delinquencies, and return the same, 
forthwith to the lieutenant colonel of 
the regiment to which they belong; to 
attend the regimental and battalion 
meetings of the militia composing their 
several brigades, during the time of 
their being under arms to inspect their 
arms, ammunition, cloathing and ac- 
coutrements; superintend their exer- 
cise, and manoeuvres, and introduce 
the system of military discipline, pointed 
out in the twenty fifth article for the 
government of the militia, described 
throughout the brigade agreeable to 
law and such orders as they shall from 
time to time, receive from the com- 
mander in chief of the territory, or the 
commander of the brigade, for the time 
being; to make returns to the adjutant 
general of the territory, twice in every 
year, the first on or before the first day 
of August, and the second on or before 
the first day of December, of all the 
militia of the brigade to which he be- 
longs, reporting therein the actual situ- 
ation of the arms, accoutrements. 



* By act December 26th, 1812, The 
duties of Brigade Major and Inspector are 
to be discharged by the Adjutant General. 



125 



408 



MILITIA. 



cloathing and ammunition of the several 
corps, and every other thing, vv^hich in 
his judgment may relate to their govern- 
ment, and the general advancement of 
good order and military discipline. 



Officers to 
meet and ex- 
ercise. 



Sec. 14. And whereas it will be pro- 
ductive of very considerable advanta- 
ges to the disciplining of the militia to 
have frequent meetings of the commis- 
sioned and non-commissioned officers of 
each regiment, or battalion, // is there- 
fore hereby enacted. That the commis- 
sioned and non commissioned officers of 
each regiment, or battalion, at the dis- 
cretion of the colonel of each regiment 
shall meet at some convenient place as 
near as may be, in the center of each 
battalion or regiment, to be pointed out 
by the colonel thereof, as often as he 
may think expedient, not exceeding 
six days in every year, for the purpose 
of being trained and instructed by the 
brigade inspector, for the space of five 
hours each day. 



Capts. to 
appoint ser- 
geants. 



Sec. 15. It shall be the duty of each 
captain after having enrolled his com- 
pany as directed by this law, to ap- 
point four persons to his company as 
sergeants, giving each his rank of first, 
second, third, and fourth sergeant, and 
also four persons as corporals, giving to 
each his rank of first, second, third and 



126 



MILITIA. 



409 



fourth corporal, giving his company 
notice thereof, and shall report the said 
appointments to the commandant of 
the regiment, who shall thereupon make 
out his warrants to such non-commis- 
sioned officers accordingly, and they are 
to be obeyed and respe ted as such; 
and if any person or persons, on receiv- 
ing due notice of any such appointment, 
shall refuse to perform the duties of 
the office to which he or they are ap- 
pointed, such person or persons shall be 
returned to the next court of enquiry, 
by his or their captain, to be fined as 
this law directs. 



Persons re- 
fusing to 
serve fined. 



Sec. 16. It shall be the duty of the 
commanding officers of each and every 
company so enrolled, forthwith to di- 
vide his company into divisions by bal- 
lot, from one to eight, for the purpose 
of a regular rotine of duty, when called 
into actual service, and shall return a 
roaster of such division, with the rota- 
tive number attached to each class with 
in fifteen days, to the comm nding of- 
ficer of his battalion, who shall forth- 
with transmit the same to the comman- 
dant of the regiment who shall order 



Captains to 
divide co's. 



Note Adjutant General is bound to attend 
only two days by act Dec. \st 1813. 

B B B 



127 



410 



MILITIA. 



the same to be recorded by the judge 
advocate as clerk thereof. 



Persons mo- 
ving from 1 
Co. to an- 
other, what 
necessary. 



Sec. 17. Every militia man removing 
out of the bounds of one company to 
another, shall apply to the command- 
ing officer of the company he is remov- 
ing from, w^ho shall give him a dis- 
charge, certifying the class to vs^hich he 
belongs vv^hich certificate the said militia 
man shall produce to the captain or com- 
manding officer of the company in the dis 
trict in which he shall next settle, vi^ithin 
ten days after his settlement; & the said 
captain or commanding officer is here- 
by required to enroll him in the class 
specified in said certificate; and on fail- 
ure of any militia man, obtaining a cer- 
tificate in manner aforesaid, & presenting 
the same as before directed, the captain 
or commanding officer of the company 
to which he shall remove, is hereby re- 
quired to enrol such delinquent the 
foremost in the first class for duty, no- 
tifying him thereof, and that he must 
hold himself in readiness to perform any 
duty by this act required. 



Co. musters, 
how often to 
be holden. 



Sec. 18. There shall be private 
musters of each company of cavalry, 
artillery, grenadiers, light infant- 
ry and riflemen, once in every two 
months, at such time and place 
as the commandant thereof shall ap- 



128 



MILITIA. 



411 



point, except in the months of Decem- 
ber, January, February and March, in 
every year; and every other company 
formed by virtue of this act, once in 
every two months except, as before ex- 
cepted, to be appointed by the com- 
manding officer thereof, at, or as near 
as may be, the centre of the company 
district ; there shall be a muster of each 
battalion in the month of April in every 
year, M^hich shall be appointed by the 
commanding officers of the respective 
regiments, who shall fix on the most 
suitable place, as near as may be to the 
centre of the battalion district, and shall 
superintend the exercise, and direct the 
evolutions that shall be performed ; and 
there shall be a muster of each regi- 
ment in the month of October, in every 
year, which shall be appointed by the 
brigadier general or commanding offi- 
cer of the brigade to which such regi- 
ment belongs, at, or as near as may be, 
to the centre of the regimental district, 
and shall be made under the superinten- 
dance and direction of the brigadier 
general or commander of the regiment ; 
which company, battalion and regimen- 
tal muster, shall continue one day each, 
and no longer. 



Battalion 
musters 



Regimental 
musters. 



Sec. 19. The brigadier generals, 



or Notice of 

- , „ musters when 

commandmg officers of brigades, shall & how given 

cause notice in writing of the times and 



129 



412 MILITIA. 

places of the said musters, to be given to 
the commanding officers of regiments, 
at least twenty-five days; the com- 
manding officers of regiments, shall give 
notice of the regimental and battalion 
musters, to the commanding officers of 
the battalions at least twenty days; the 
commanding officers of battalions shall 
give notice to the regimental and bat- 
talion musters to the commanding offi- 
cer of companies at least fifteen days; 
and the captains or commanding offi- 
cers of companies shall give notice of 
the regimental, battalion and private 
musters to the individuals of their res- 
pective companies, by themselves or 
sergeants, at least five days before such 
regimental, battalion or company mus- 
ter, (as the case may be) shall be holden; 
the notices to be given by the com- 
manding officers of brigades, regiments 
and battalions, shall be in writing, and 
delivered to the person or persons, or 
left at the usual place of his, or their 
abode, by such commanding officers, 
themselves, or such other officer, or of- 
ficers as they may think fit to order: 
and the commanding officers of compa- 
nies, shall have power to assign to each 
sergeant of their respective companies, 
his due proportion thereof, whose duty 
it shall be to give the notice before di- 
rected to that portion of the company to 
him assigned, which may be done by 



130 



MILITIA. 



413 



personal summons or by leaving notices 
in writing at the usual place of abode 
of the person so to be notified. 



Sec. 20. The militia of the Territory Divisions & 

shall be divided into divisions and brig- brigades how 

, , made and 

ades, at the discretion of the comman- efficer'd. 

der in chief of the militia. 



Sec. 21. Every officer & soldier shall 
appear, at his respective muster field, 
on the day appointed by eleven o'clock; 
and at every muster, each captain, or 
commanding officer of a company, shall 
direct the first sergeant of his company, 
in his presence to call the roll, at half 
past eleven o'clock precisely, examine 
every person belonging thereto, and 
note dovrn all delinquencies occurring 
therein, and make return thereof as 
well as of the strength of the company, 
number of rifles, muskets, bayonets, 
fusees &c. on parade, to the comman- 
ding officer of his battalion, within ten 
days after any such regimental, battal 
ion, or company muster; and every 
commanding officer of a battalion shall, 
at his regimental or battalion muster, 
(as the case may be) at the hour on 
which the battalion is to be formed, in 
like manner, proceed to call the names 
of the commissioned officers of his bat- 
talion, examine and note down all de- 
linquencies, and make return thereof 



Hour of mus- 
ter. 



Of roll calls 



Delinquents 
how noted & 
returned. 



Roll of com- 
missioned of- 
ficers when 
called. 



131 



414 



MILITIA. 



Certificates 
to csccompa- 
ny returns. 



together with those reported from com- 
manding officers of companies, to the 
commanding officers of the regi- 
ment, to which he belongs, within fif- 
teen days next succeeding such battal- 
ion or regimental muster, (as the case 
may be) who shall lay the whole be- 
fore the court hereafter appointed to 
take cognizance, and determine on 
them, and to each of the said returns 
shall be annexed the following certifi- 
cate, to wit: 

"I do certify, that the 

returns hereunto annexed, contain all 
the delinquences which have occurred 
in my company, (or battalion as the 
case may be) since my last return." 

And to the battalion returns shall be 
added. 



"And that the reports which ac- 
company them, are all which have 
been made by the commanding officers 
of companies within my battalion. 



Adjutants to 
make returns 
&c. 



Sec. 22. The commanding officers 
of each regiment, within twenty days 
next after a muster of his regiment, or 
of the battalions of the same, shall cause 
the adjutant of his regiment to make 
out a complete return of the same, 
(agreeably to such forms as shall be fur- 



132 



MILITIA. 



415 



nished by the adjutant general, noting 
particularly its strength, and number 
of arms) to the inspector of the bri- 



Sec. 23. The commissioned officers 
of the first battalion in each regiment, 
shall meet on the second Tuesday; and 
the commissioned officers of the second 
battalion of each regiment shall meet 
on the second Thursday, next after each 
regimental or battalion muster, as near 
as may be in the centre of the battal- 
ion, to be appointed by the lieutenant 
colonel, at the battalion or regimental 
muster; and public notice thereof 
given, to the battalion or battalions, 
whilst on parade; a majority of whom 
shall form a court of enquiry and as- 
sessment of fines; and it shall be the 
duty of the lieutenant colonel comman- 
dant, to preside at such board, and in 
case of his absence by sickness or other- 
wise, the next officer in rank shall pre- 
side. The said court shall take the fol- 
lowing oath, to be administered by the 
senior officer present, and afterwards by 
any other officer of the board to him, 
to wit; 



Courts of 
enquiry and 
assessment 
how formed. 



"I do solemnly swear Form of the 

or (affirm as the case may be) that I will *»*^''' 
truly and faithfully enquire into all del- 
inquencies which appear on the returns 



133 



416 



MILITIA. 



to be laid before me, and will assess the 
fines thereon, as shall seem just, with- 
out partiality, favour or affection, so 
help me God." 



Delinquen- 
cies by wliom 
laid before 



The lieutenant colonel commandant 
or commanding officer of the regiment 
shall then lay before the said court all 
delinquencies, as directed by this act, 
whereupon they shall proceed to hear 
and determine on them. 



Sec. 24. And for enforcing obedi- 
ence to this act, the following forfeit- 
ures and penalties shall be incurred for 
delinquencies, to wit: 

By a lieutenant colonel commandant, 
or commanding officer of a regiment, 
By a colonel. for failing to take any oath, to direct 

his adjutant to summons any court or 
board, to deliver any commission or 
commissions, to appoint a regimental or 
battalion muster, to give information of 
the places of holding courts of enquiries, 
to attend the same, to report delinquen- 
cies, to attend a battalion or regimen- 
tal muster, or a muster of officers, to 
appoint the staff officers to his regiment, 
not less than ten, nor more than one 
hundred dollars. 

By a major, or commanding officer 
of a battalion, for failing to take an 



134 



MILITIA. 



417 



oath, to attend any court or board, to 
give notice of any regimental or battal- 
ion muster, to examine and train his 
battalion, to report delinquencies, to 
make a return, or to attend a muster 
of officers, he shall forfeit and pay any 
sum not less than eight, nor more than 
eighty dollars. 



Mojer. 



By a captain or commanding officer 
of a company as the case may be, for 
failing to take an oath, to attend any 
court or board to enrol his company, 
to appoint private musters, to give no- 
tice of a regimental or battalion muster, 
to attend any muster armed, to exam- 
ine and exercise his company, as is by 
the twenty fifth article directed for the 
government of the militia, to call his 
roll, and report delinquencies, to make 
any return, or appoint non commission- 
ed officers as directed by this act, he shall 
forfeit and pay any sum not exceeding 
fifty nor less than five dollars: 



Captain. 



For every such offence by a subaltern 
officer, for failing to take an oath, to 
attend any court or board, to attend any 
muster armed, as is by this act directed, 
for every such offence or neglect, he 
shall forfeit and pay any sum not ex- 
ceeding forty, nor less than four dol- 
lars. 



Subaltern 



135 



418 



MILITIA. 



By a non-commissioned officer for 
failing or neglecting to attend any mus- 
ter of officers, to attend any muster 
of his company, to serve if appointed 
as a non-commissioned officer for the 
term of one year, to take charge of 
any part of his company, or march 
them as directed, for every such of- 
fence or neglect, he shall forfeit and 
pay any sum not exceeding twenty, 
nor less than two dollars. 

By a private man for failing or neg- 
Prlvate. lecting to attend a regimental or battal- 

ion muster, armed and equipped as di- 
rected by law, shall forfeit and pay any 
sum not exceeding six dollars, nor less 
than one dollar and fifty cents; to at- 
tend a muster of his company at the 
time and place appointed in manner 
aforesaid, during the whole time the 
same is on parade, any sum not exceed- 
ing three dollars, nor less than one 
dollar. 



Fines on per- 
sons under 
21 by whom 
paid. 



Sec. 25. The fathers shall be bound 
for the payment of fines, incurred by 
their sons under the age of twenty one; 
guardians for the payment of fines in- 
curred by their wards, and masters 
for the payment of fines incurred by 
their apprentices, and be charged there- 
with by the collectors of fines accor- 
dingly. 



136 



MILITIA. 



419 



Sec. 26. Any court of enquiry for 
good cause shewn, may remit fines as- 
sessed by the court preceding the same, 
and in such case, it shall be the duty 
of the judge advocate as clerk, to cer- 
tify the same to the collector of fines, 
who shall thereupon not collect such 
fine or fines, or refund the same if 
collected. 



How fines 
may be re- 
mitted. 



Sec. 27. All fines to be assessed by 
virtue of this act, shall be collected by 
the provost martial of each regiment, 
who shall exercise the duties of collect- 
or thereof; and it shall be the duty of 
the president of the court martial, which 
hears and determines upon the fines 
and forfeitures which may accrue un- 
der this act, to deliver to the provost 
martial, as collector as aforesaid, a 
certified list of all the delinquencies 
therein, on or before the first day of 
January in every year, and take his re- 
ceipt therefor ; which shall be lodged 
by the said provost martial in the 
office of the sherifif of the county, as 
treasurer thereof, within twenty days 
after he received the same, taking his 
receipt therefor ; and he shall deliver 
within ten days after receiving the 
sheriff's receipt, a duplicate thereof to 
the lieutenant colonel of his regiment; 
and the provost martial, as collector as 
aforesaid, shall collect and account for 



By whom & 
in what man 
ner collected. 



137 



420 MILITIA. 

all fines, placed in his hands as afore- 
said, on or before the first day of No- 
vember in the same year; and on fail- 
ure, the sherilif of the county, on giving 
him twenty days previous notice, shall 
obtain judgment and execution for the 
same with costs, and ten percentum in- 
terest on the amount, from the time the 
same became due ; and should any per- 
son so charged with fines, fail to make 
payment on or before the fifteenth day 
of June in any year, the provost martial 
collector as aforesaid, is hereby au- 
thorised and required, by warrant of 
the president of the court martial, which 
he is hereby authorised to issue, to 
make distress and sale therefor, in the 
same manner as is directed in the col- 
lection of taxes: Provided always. That 
any provost martial, collector, shall be 
credited by his list of delinquents, and 
insolvents to be first examined by the 
court or courts of enquiry within his 
county. 

Sec. 28. All monies paid into the 
How fines she ifif's hands, as treasurer, in manner 

DroDrialed*' aforesaid, shall be appropriated, first, 

to the purpose of procuring the necessa- 
ry number of drums, fifes and colours, 
and secondly, the remainder, if any, to 
pay the different officers, directed to be 
paid by this law, subject to the orders 



138 



MILITIA. 



421 



of the courts of enquiry, countersigned 
by the lieutenant colonel. 



Sec. 29. If any militia man shall make 
it appear to the satisfaction of the of- 
ficers of the company to which he be- 
longs, that he is unable to furnish or 
equip himself, as by this law is direc- 
ted, and the said officers satisfying the 
succeeding court of enquiry thereof it 
shall be in the power of such court, to 
remit any fine that may have been im- 
posed by virtue of this law, and to 
grant such militia man exemption from 
such fines, until he shall be enabled, in 
the opinion of the officers of his com- 
pany, to furnish and equip himself 
agreeably to this law. 



persons una- 
ble to equip 
according to 
law &c. 



Sec. 30. If any bystander at a regi- 
mental, battalion or company muster, 
shall insult or otherwise molest, any 
officer or soldier whilst on parade, the 
commanding officer of the regiment, 
battalion, troop, or company, as the 
case may be, may order such person or 
persons to be put under guard, for any 
time not exceeding six hours, and to 
pay a fine not exceeding four dollars, 
which shall be collected as other militia 
fines are. 



Bystanders 
on parade 
insuting an 
officer or 
soldier how 
to be proceed 
ed with. 



Sec. 31. Whenever it may be neces- 
sary to call into actual service, any part 



139 



422 



MILITIA. 



Gov. empew 
ered to call 
forth the mi- 
litia. 



Not to ex. 

eeed 4 classes 
at one time. 



of the militia, on an actual or threaten- 
ed invasion of this Territory, or of any 
of the neighboring states, it shall and 
may be lawful for the Governor to or- 
der into actual service such part of the 
militia, by classes, as the exigency may 
require: Provided, That the part so 
called doth not exceed four classes of 
the militia of the brigade or brigades 
so called out: And provided also. That 
such brigade or brigades shall not be 
again called into actual service, until an 
equal number of classes of the militia of 
the other brigade or brigades, respec- 
tively, be first called ; unless the danger 
of an invasion from the Indians or 
others should make it necessary to keep 
in reserve the militia of such brigade or 
brigades for their immediate de- 
fence. 



Gov. to for- 
ward his or 
ders to the 
brigadier ge- 
neral. 



Brig. gen. 
fa Ing in his 



Sec. 32. All orders for the militia 
to be called forth as aforesaid, shall be 
sent to the commanding officers of bri- 
gades, with a notification of the place 
or places of rendezvous, who shall im- 
mediately take measures for detaching 
the same, with the necessary number 
and rank of officers, and if any briga- 
dier general shall fail herein, or fail or 
neglect to comply with any of the du- 
ties of him required by virtue of this 
act, he shall forfeit and pay any sum not 



140 



MILITIA. 



423 



exceeding one thousand dollars, to be 
assessed by a general court martial. 



Sec. 33. Each battalion, or regi- 
ment of the territorj^ shall be divided 
into eight classes, (preserving to each 
man his original class) all troops of horse, 
and flank companies, w^hether grena- 
diers, light infantry, or rifle men, shall 
be called into service by companies, or 
detachments, and not by classes, and 
the first flank company shall make part 
of the first call, and the second flank 
company shall make part of the fifth 
call of the militia, and be commanded 
by their own proper officers. 



Militia how 
to be classed. 



Sec. 34. To the end the militia, 
when called by classes, shall be properly 
ofllicered, the following order is hereby 
directed and enjoined, that is to say: 



For the 1st draft, the 1st ct 2d It & 2th en. 



2d do 
3d do 
4th do 
5th do 
6th do 
7th do 
8th do 



2d do 
3d do 
4th do 
5th do 
6th do 
7th do 
8th do 



1st do 
4th do 
3d do 
6th do 
5th do 
8hdo 
7th do 



3d do 
2d do 
1st do 
8th do 
7th do 
6th do 
5th do 



The order of 
staffing com- 
missioned ol- 
ficers. 



Non-commissioned officers to take 
tour of duty with the commissioned of- 
ficers, and the routine of the field ofH- 



141 



424 



MILITIA. 



Field officers 
routine of 
command 
&c. 



Term of ser- 
vice and flow 
relieved. 



Wiien file 
militia may 
be called in 
to service o- 
ther than by 
classes. 



cers shall be according to the date of 
their respective commissions; the first 
colonel of the brigade shall command 
the first detachment, if it amounts to 
a colonel's command, if it does not, the 
command shall devolve on the first 
major, liable to serve three months & 
no longer; and to be relieved by the 
class next in numerical order, the relief 
to arrive at least tvi^o days before the 
expiration of the term of the class to be 
relieved; but nothing herein contained 
shall prevent the Governor, or any 
commanding officer of a coun y, from 
employing, or calling out a part or the 
w^hole of any class, or any companies, 
regiment or regiments, vv^ithout respect 
to this rule, vv^henever the exigency is 
too sudden to allow the assembling of 
the militia, which compose the particu- 
lar classes, and the service of the per- 
sons so called out, shall be accounted as 
a part of their tour of duty. 



Capts. tlieir 
duty wiien 
tlie militia 
are called in 
to service. 



Sec. 35. When any detachment of 
the militia shall be called into service, 
the captain of each company shall take 
care that his propo tion of men are as- 
sembled, and marched to the proper 
place of parade or rendezvous, under 
the care of a commissioned officer or 
sergeant, with a list of the men; which 
list shall be delivered to the adjutant of 
the regiment, whose duty it shall be to 



142 



MILITIA. 



425 



attend at the place appointed, to receive 
the detachment from the several com- 
panies of his regiment; and he shall 
make out a roll of the M^hole, mention- 
ing the rank of the officers, and names 
of the non-commissioned officers and 
privates; and vi^hen the detachment 
shall be completed, and placed under the 
proper officer, he shall attend them to 
the place appointed for the meeting of 
the detachment of the brigade, vv^hen 
the several adjutants shall deliver to 
the brigade major, or inspector, or of- 
ficer appointed to command the w^hole 
detachment, a complete rol containing 
the names of the commissioned, and 
non-commissioned officers and privates, 
composing the detachment from each 
regiment, or battalion, noting such re- 
marks as circumstances may require; 
and it shall be the duty of the officer ap- 
pointed to the command of said detach- 
ment, to cause tveo complete rolls to be 
made out and certified under his hand, 
one of which rolls he shall forthvrith 
transmit to the adjutant general and the 
other to the brigade inspector. 



Adjutant hit 



Officer com- 
manding a 
detacliment 
liis duty. 



Sec. 36. It shall and may be lawful Wiien a per 

e n J ^ J t son called 

tor any person called to do a tour of g„^. „ay send 

duty, to send a sufficient substitute, such substitute. 

substitute being approved of by the cap- 



D DD 



143 



426 



MILITIA. 



Condition 
thereof. 



tain or commanding officer of the com- 
pany, which he shall be offered to serve 
in : Provided always. That persons serv- 
ing by substitute as aforesaid, if substi- 
tute be called in his own turn, into ac- 
tual service, before the time expires 
which he was to serve for his employer, 
that then the person procuring such 
substitute, shall march or find a person 
to march in his substitute's turn, (to be 
accepted as aforesaid,) or be liable to 
pay his fine for neglect, which fine is to 
be recovered in the same manner as is 
directed in the case of any militia man 
neglecting or refusing to do a tour of 
duty, and that sons, who are not subject 
to the militia law, may be admitted as 
substitutes for their fathers, to be accep- 
ted as aforesaid. 



When im. 
pressment of 
articles may 
be made. 



Sec. 37. The lieutenant colonel of 
each regiment, from which detachments 
are drawn shall, if not otherwise to be 
obtained, cause to be procured by im- 
pressment, for each company, a wagon, 
team, and driver, or a sufficient number 
of pack horses, six axes, and six camp 
kettless, or pots of convenient size ; all 
which shall be delivered to the comman- 
ding officer of the company, who shall 
be accountable for returning the same 
when his tour is over; and the articles 
aforesaid, shall be returned to the own- 
er, who shall be allowed for the use, 



144 



MILITIA. 



427 



damage and detention, of the same, 
whatever shall be adjudged by a 
court of enquiry of the regiment ; 
and to the end, that if any arti- 
cles impressed be lost, the owner may 
be paid for the same ; the lieutenant col- 
onel shall cause all property by him 
impressed, by virtue of this act, to be 
valued by three householders, or any 
two of them on oath, before the same shall 
be sent away; shall give such owner a 
receipt for the same, stating the quan- 
tity, quality and value of the property 
impressed, together with a certificate of 
the appraisers; and upon proof being 
made of any article being lost, the valu- 
ation thereof shall be allowed, and the 
said allowance shall be certified to the 
auditor of public accounts: the said 
court shall make enquiry into the cause 
of such loss, and if it shall appear that 
such loss was occasioned by the miscon- 
duct or inattention of any officer, the 
brigade inspector is hereby authorised, 
and required, to prosecute a suit against 
such officer, to recover damages for the 
use of the Territory. 



When lost 
&e. indem- 
nification to 
be made to 
the owners. 



Sec. 38. If any sudden invasion shall 
be made, or threatened to be made, into 
any county or district within this Terri- 
tory, by Indians, or any other poM^er, 
the commanding officer of the militia of 
such county or district, is hereby author- 



Commanding 
officer of a 
county upon 
actual or thre 
atened inva- 
sion how to 
proceed. 



145 



428 MILITIA. 

ised and required, to order out the 
whole, or such part of the militia of his 
county or district, as he may think ne- 
cessary, in such manner as he may think 
best for the repelling such invasion ; and 
shall call on the commanding officers of 
the adjacent counties or districts for 
such aid as he may conceive necessary, 
who shall forthwith in like manner, fur- 
nish the same, and for assembling the 
militia required upon such occasions, or 
by order of the executive, the same 
measures shall be taken to summons 
them as is directed in the case of musters 
and it shall be the duty of every com- 
manding officer of a county or district, 
on receiving information of the inten- 
ded invasion of his, or any neighbour- 
ing county or district, forthwith to con- 
vey information of the same by special 
messenger or otherwise, to the gover- 
nor of the territory for the time being, 
that he may make the necessary arrange- 
ments to repel the same. 

Sec. 39. If any suit or suits shall be 

Persons pro- brought or commenced against any per- 

der"thi$ law ^°" ^^ persons for any thing done in 

how plead. pursuance of this act, the actions shall be 

laid in the county where the cause of 

such action did arise, and not elsewhere; 

and the defendant or defendants, in 

such action or actions to be brought, 

may plead the general issue, and give 



146 



MILITIA. 



429 



this act and the special matter in evi- 
dence; and in case the plaintiff or 
plaintiffs, in any such action, shall fail in 
supporting the same, he, she or they, so 
failing, shall pay to the defendant or 
defendants, in every such action double 
costs. 



PItff. failing 
to pay dou- 
ble costs. 



Sec. 40. The following articles, 
rules and regulations shall govern the 
militia of this territory, to M^it: 



Articles. 



Art, 1. — If any field, or other com- 
missioned officer, at any regimental 
review, or on any other occasion, when 
the regiment, battalion or company to 
which he may belong, or in which he 
may hold a command, is paraded in 
arms, shall misbehave or demean himself 
in an unofficer like manner, he shall for 
such offence be cashiered, or punished 
by fine, at the discretion of a general 
court martial as the case may require, 
in any sum not exceeding sixty doll- 
ars: 



Commission- 
ed officers 
for misbeha- 
vior how pu- 
nished. 



And if any non-commissioned officer 
or private, shall on any occasion of 
parading the company to which he be- 
longs, be drunk or shall disobey orders, 
or shall use any reproachful or abusive 
language to his officers, or any of them, 
or shall quarrel or promote any quar- 
rel among his fellow soldiers, he shall 



Non-com- 
missioned of- 
ficers and 
privates 
misbehaving 
&c. 



147 



430 



MILITIA. 



be disarmed and put under guard by the 
commanding officer, or officers present, 
until the company is dismissed, and shall 
be by a regimental court martial fined 
not more than twenty dollars, nor less 
than one dollar. 



ieuf. col. 
refusing to 
give orders 
&e. 



How punish, 
ed. 



Art. 2. — If the lieutenant colonel or 
commanding officer of any regiment or 
battalion, shall neglect or refuse to give 
orders for assembling his regiment or 
battalion, at the direction of the com- 
mander of the brigade to which he be- 
longs, or in case of an invasion of the 
county or district to which such regi- 
ment or battalion belongs, he shall be 
cashiered and punished by fine not ex- 
ceeding six hundred dollars, at the dis- 
cretion of a general court martial: 



Copt, refu- 
sing &c. 



How punisfi- 
ed. 



And if a commissioned officer of any 
company, shall on any occasion neglect 
or refuse to give orders for assembling 
the company to which he belongs, or 
any part thereof, at the direction of the 
lieutenant colonel or commanding offi- 
cer of the regiment to which such com- 
pany belongs, he shall be cashiered and 
punished by fine not exceeding two hun- 
dred dollars, at the discretion of a bri- 
gade or general court martial: 



Non-com- 
missioned 
officers &c, 



And a non-commissioned officer of- 
fending in such case shall be fined at the 



148 



MILITIA. 



431 



discretion of a regimental court marti- 
al, in any sum not exceeding twenty 
dollars. 



Art. 3. — If any captain or com- 
manding officer of a company, shall re- 
fuse or neglect to make out a list of the 
persons, noticed to perform any tour 
of duty, and send or convey the same 
to the lieutenant colonel, or command- 
ing officer of the regiment, to which 
such company may belong, or if he shall 
fail to call forth such officers and men as 
shall from time to time be legally called 
from his company, upon any call from 
the governor on an invasion or insur- 
rection in the county or district, or re- 
quisition from an adjacent county or 
district, or failing on any such occasi- 
on to repair to the place of rendezvous; 
for such neglect or refusal he shall be 
cashiered, or fined at the discretion of 
a general court martial, in any sum not 
exceeding one hundred dollars nor less 
than five dollars. 



Penalty 
capt. for I 
iecting of 

♦y 



Art. 4. — If any militia man shall de- 
sert while he is on a tour of duty, he 
shall be fined not exceeding fifty dollars, 
and be obliged to march on the next 
tour of dut>', under the same penalties 
as the first. 



Desertion 
punished. 



If a non-commissioned officer shall so 
desert, he shall be degraded and placed 



149 



432 



MILITIA. 



in the ranks, and shall pay a fine not 
exceeding seventy-five dollars, and be 
obliged to serve another tour as a pri- 
vate. 



Genl. court 
martial. 



Art. 5. — Every general court mar- 
tial, shall consist of thirteen members 
exclusive of a judge advocate, all of 
whom shall be commissioned officers, not 
under the rank of captain, and the of- 
ficer highest in rank shall preside. 



Regmtl. 
court mar- 
tial. 



Art. 6. — Every regimental court 
martial, shall be composed of five mem- 
bers, all commissioned officers, one of 
their number a president, not under the 
rank of a captain. 



Members to 
vote &e. 



Art. 7. — All members of a court 
martial are to behave vrith decency and 
calmness, and in giving their votes are 
to begin with the youngest in commis- 



Officers how 
tried. 



Art. 8. — No officer shall be tried 
but by a general court martial, nor by 
officers of an inferior rank, if it can be 
avoided, nor shall any proceedings or 
trials be carried on except between the 
hours of eight o'clock in the morning 
and three o'clock in the afternoon, ex- 
cepting in cases which in the opinion of 
the officer appointing the court requires 
an immediate example. 



150 



MILITIA. 



433 



Art. 9. — The judge advocate shall 
prosecute in the name of the Territory, 
but shall so far consider himself as coun- 
sel for the prisoner, as to object to any 
leading question, to any witness, or any 
question to the prisoner, the answer to 
which might lead to criminate him- 
self. 



Judge adv 
how to pro- 
secute. 



Art. 10. — When a non-commission- 
ed officer, or private is confined under 
guard, his crime shall be lodged with 
the officer of the guard, within twelve 
hours after the prisoner's confinement, 
otherwise the prisoner shall be set at 
liberty. 



Persons an- 
der guard. 



Art. 11. — In every court martial 
not less than two thi ds of the mem- 
bers must agree in every sentence, for 
inflicting any punishment, otherwise the 
person charged shall be acquitted. 



Of court 
matials &c. 



Art. 12. — The president of each and 
every court martial, whether general 
or regimental, shall require all witness- 
es in order to the trial of offenders, to 
declare on oath, or affirmation, that 
the evidence they shall give, is the 
truth, the whole truth, and nothing but 
the truth, and the members of all such 



Members of 
a court mar- 
tial to take 
an oath. 



E E E 



151 



434 MILITIA. 

courts, shall take an oath or affirmation 
as follows, to wit: 

"I do solemnly swear, 

or affirm, as the case may be, that I 
will hear and determine according to 
evidence, to the best of my understan- 
ding, and the custom of war in like 
cases, between the Indiana Territory, 
and now to be tried, and 

that I will not disclose the opinion of 
this court, until approved or disapprov- 
ed by the commanding officer, or com- 
mander in chief, as the case may be, 
and that I will not at any time discov- 
er or disclose the opinion of any particu- 
lar member unless called upon to give 
evidence thereof by a court of justice, 
in due course of law." 

Which oath shall be administered by 

By whom ad the judge advocate to the president and 

ministertd. , 

members. 

Art. 13. — The judge advocate shall 
Judge adv. be appointed by the commandant of 
oqH,. each regiment, who shall hold his ai>- 

pointment during the pleasure of the 
said commandant, and shall take the fol- 
lowing oath, or affirmation, which shall 
be administered by the court martial, 
to wit: 

"I do swear, or affirm, 

as the case may be, that I will faithful- 



152 



MILITIA. 435 

ly execute the office of judge advo ate 
to this court now met for the rial of 
to the best of my abilities and 
understanding, and the custom of war 
in like cases, and that I will not disclose 
nor discover the opinion of this court 
martial, until approval or disapproved 
of by the commanding officer, and that 
I will not at any time disclose or dis- 
cover the vote or opinion of any mem- 
ber, unless called upon by a court of jus- 
tice to give evidence thereof in due course 
of law." 

It shall be the duty of the judge ad- 
vocate, to prosecute for the territory, Hl$ duty, 
and to keep a record of the whole pro- 
ceedings of the court, taking into view 
the depositions of witnesses that may be 
introduced; and he shall also exercise 
the duties of Clerk to the regiment. 

Art. 14. — The commandant of each 
regiment shall appoint a provost mar- 
tial for his regiment, who shall hold his Provost mar- 
appointment during the pleasure of '*" * "^* 
said commandant; It shall be his duty 
to summon all witnesses, having receiv- 
ed process for that purpose from the pre- 
sident of courts martial; to execute 
the orders of the court, and keep by- 
standers from interrupting the court, 
while sitting, and he shall exercise the 



153 



436 



MILITIA. 



duties of collector of fines and forfei- 
tures. 

The judge advocate and provost 
martial, shall be allowed such compen- 
sation as the court martial may direct, 
to be paid out of the fines; and it shall 
be their duty to attend any court of 
enquiry, or court martial, v^^hen thereto 
required, by the commandant of their 
regiment. 



Witness re- 
fusing to at- 
tend how 
punished. 



And all persons called as v^^itnesses, in 
any case before a court martial, w^ho 
shall refuse to attend and give evidence, 
shall be censured, or fined, at the dis- 
cretion of the court, in any sum not 
exceeding fifty dollars. 



Officers 
transgressing 
rules &e. 



Art. 15. — No officer or private, be- 
ing charged with transgressing these 
rules, shall be suffered to do duty in 
a regiment, company or troop, to which 
he belongs, until he has had his trial by 
a court martial, and every person so 
charged, shall be tried as soon as a court 
martial can conveniently be assembled. 



Col. injuring 
a non-com- 
missioned of- 
ficer or pri- 
vate what 
proceedings 
thereon &c. 



Art. 16. — If any non-commissioned 
officer or private, shall think himself in- 
jured by his lieutenant colonel, or the 
commanding officer of the regiment, 
and shall upon due application made to 
him, be refused redress, he may com- 



154 



MILITIA. 437 

plain to the brigadier, who shall direct 
the commissioned officers to enquire in- 
to the nature of the complaint; and if 
they report that the person complaining 
in their opinion, has been injured, the 
brigadier general shall then direct the 
brigade inspector, at a certain time and 
place to summons a general court mar- 
tial, for the purpose of doing justice to 
the person complaining; and shall also 
direct the brigade inspector, to give the 
person complained of, at least eight days 
previous notice of the time and place 
of the meeting of any such court mar- 
tial. 

Art. 17. — If any non-commissioned 
officer or private, shall think himself '* by a eapt. 
aggrieved by his captain, or other su- ceed. 
perior in the battalion, troop or compa- 
ny, to which he belongs, he may com- 
plain to the commanding officer of the 
regiment, who shall cause his adjutant to 
summons a regimental court martial, 
for doing justice according to the nature 
of the case. 

Art. 18. — The party tried by any 
general court martial, shall be entitled The person 
to a copy of the sentence, and proceed- Jo ^o" /opy of 
ings of such court martial, after the de- sent. 
cision on the sentence, upon demand 
thereof made by himself, or by any o- 
ther person or persons in his behalf, whe- 



155 



438 



MILITIA. 



ther such sentence be approved of, or 
not. 



Art. 19. — No penalty shall be in- 
flicted at the discretion of a court mar- 
Court martial tial, other than degrading, cashiering 
or fining. 



Its power 



Of pardon & 
mitigation of 
fines &e. 



Art. 20. — The commanding officer 
for the time being, shall have full pow^- 
er of pardoning, or mitigating any cen- 
sures or penalties so ordered to be in- 
flicted, on any private or non-commis- 
sioned officer, for the breach of any of 
these articles, by a general court mar- 
tial; and every offender convicted as 
aforesaid, by any regimental court mar- 
tial, may be pardoned, or have the pen- 
alty mitigated by the lieutenant colonel, 
or commanding officer of the regiment, 
excepting only w^here such censures or 
penalties are directed as satisfaction for 
injuries received by an officer, or pri- 
vate, from another; but in case of offi- 
cers, such sentence to be approved of 
by the commander in chief of the mili- 
tia, who is empovrered to pardon or mi- 
tigate such sentence, or disapprove of 
the same. 



Commission- 
ed officers 
misbehaving 
&e. how pro- 
ceeded a> 
gainst &c. 



Art. 21. — If any commissioned of- 
ficer, shall at any time or upon any oc- 
casion, behave in an unofficer-like, un- 
gentlemanly, or disgraceful manner, 



156 



M I L I TI A. 439 

the commander in chief, if the person 
accused be a major general; the gen- 
eral of division, if a brigadier general; 
the brigadier, if a field officer; or the 
lieutenant colonel, or commanding of- 
ficer of a regiment, if an inferior of- 
ficer as the case may be, upon the ap- 
plication of a commissioned officer, may 
appoint a board of three officers, to 
enquire into the matter of complaint, 
and if upon their report it shall appear 
to him deserving of trial, then and in 
such case, he shall direct a court mar- 
tial, whose proceedings herein, shall 
have the same effect as if the offence 
had been committed when on actual 
duty. 

Art. 22. — The militia on the days Hours of 
of training, may be detained under ''*' *' 
arms, on duty in the field, any time, 
not exceeding six hours: Provided, 
They are not kept above three hours 
under arms at any one time, without 
being allowed to refresh themselves. 

Art. 23. — All fines that shall be in- Fines to 



curred by any of these rules, shall be 
paid to the SherifiE as Treasurer of the 
county, in which the offender resides, 
(whose receipt shall be a discharge for 
the same) within sixty days after they 
become due, but in case of neglect or 
refusal to pay any of the said fines, they 



157 



whom paid 



440 



MILITIA. 



shall be levied and collected in manner 
herein before directed. 



Militia when 
called into 
actual terv. 



Art. 24. — The militia of this terri- 
tory whilst in actual service, shall be sub- 
ject to the same rules and regulations as 
the federal army; and shall receive the 
same pay and rations as is allovred by 
the United States, to the militia vi^hen 
in actual service: Provided, That upon 
any transgression or offence of a militia 
man whether officer or private, against 
the rules and regulations of the federal 
army, the cause shall be tried and de- 
termined by a court martial of the mil- 
itia of this territory, if the same can be 
convened. 



Rules of dis- 
cipline estab- 
lished by eon 
gress to be 
observed &c. 



Art. 25. — The rules of discipline 
approved and established by congress in 
their resolution of the twenty-ninth of 
March one thousand seven hundred and 
seventy-nine, shall be observed by the 
militia throughout this territory, except 
such deviations from said rules, as may 
be rendered necessary by the requisitions 
of the acts of congress, or some other 
unavoidable circumstances: it shall be 
the duty of every commanding officer 
at every training whether by regiment, 
battalion or single company to cause the 
militia to be exercised and trained agree- 
ably to the said rules, and the instruc- 
tions laid down by the baron Steu- 



158 



MILITIA. 



441 



ben, and annexed to the said rules of 
discipline, pointing out the respective 
duties of the officers, non-commissioned 
officers and privates, are recommended 
and enjoined upon the militia of this ter- 
ritory, as particularly and fully as if the 
said instructions were repeated and ex- 
pressed in this act at length ; and it shall 
be the duty of every captain to instruct 
his non-commissioned officers accor- 
dingly. 



Baron Steu- 
ben's instruc- 
tions, &c. 



Art. 26 — If any militia man, on 
receiving three days previous notice 
thereof, shall neglect or refuse to be in 
readiness to march on any tour of duty, 
armed, cloathed, and equipped, as re- 
quired by this act, he shall forfeit and 
pay a sum not more than one hundred 
dollars, nor less than eight dollars, for 
every month he is required by law to 
serve on such tour, to be assessed (on 
proper proof thereof made) by a regi- 
mental court martial: Provided always, 
That if any militia man shall be sick, or 
make any other just or satisfactory ex- 
cuse to the court martial; such fine 
shall not be assessed but such militia man 
shall be obliged to perform a tour of 
duty, on the next call of the militia. 



On a call for 
a tour of du 
ty what no- 
tice &c. 



Art. 27. — The foregoing articles Articles to 
shall be read at all regimental and bat- ''**' 

F F F 



159 



442 



MILITIA. 



talion musters by order of the comman- 
ding officer. 



A LAW 



Concerning the Militia adopted from the 
militia law of South Carolina. 

Passed the 17 of June 1811. 



Officers to re 
side within 
their com- 
mands. 



Brigadiers ap- 
point their 
aids & bri- 
gade inspec- 
tors. 



Be it enacted by the Governor and 
Judges of the Illinois Territory and it is 
hereby enacted by the authority of the 
same. That all officers shall reside 
within their respective commands and 
on their removal therefrom their com- 
mission shall be vacated, That all Brig- 
adiers shall have the right to appoint 
their respective aids de-camp who shall 
have the rank of captain, and that they 
shall also have the right to appoint their 
respective brigade inspectors. 



Regimental 
staff how ap- 
pointed. 



That the regimental staff shall be ap- 
pointed by the Colonels respectively and 
be approved of by the brigadier and 
that all officers so to be nominated and 
appointed as aforesaid shall be commis- 
sioned by the governor. 



That all fines shall be inflicted on non 
commissioned officers and privates by the 



160 



MILITIA. 



443 



judgment of the majority of the com 
missioned officers of the company in 
which the offenders are enroled; all 
other laws within the purvieu of this 
law are hereby repealed. 



Non-cemmit 
sioned offi- 
cers & pri- 
vates punish- 
ed by the of- 
ficers of the 
company. 



The foregoing is hereby declared to 
be a law of this territory and to take talce effect. 
effect from the date thereof. 



AN ACT 



Supplemental to the several Laws con- 
cerning the Militia. 

Passed December 25, 1812. 



Sec. 1. Be it enacted, by the legis- 
lative council and house of representa 
tives, and it is hereby enacted by the 
authority of the same, That the fines 
which may hereafter be assessed by the 
company oflScers of any militia compa- 
ny in this territory according to law, 
shall be collected by the constables of 
the townships in which said militia com- 
pany may be or where the persons reside 
on which such fine shall be assessed, and 
it shall be the duty of the commanding 
officer of each company within three 
months after any fine shall be inflicted 
by the officers of the company to certi- 



Fines assessed 
by Company 
officers to be 
collected by 
constable. 



161 



444 



MILITIA. 



Duty of of- 
ficers to 
certify fine. 



Constables to 
account com 
manding of- 
ficer of com- 
pany in forty 
days. 



How fines 
are to be ap- 
propriated. 



iy the same and deliver to the constable 
a certificate thereof which said constable 
shall collect the amount thereof from 
the person on whom the said fines shall 
be inflicted in the same manner as if the 
same was an execution from a justice of 
the peace and shall pay the amount 
thereof to the commanding ofHcer of 
the company within forty days after 
the same shall come to his hands and 
shall be allowed by such commanding 
officer ten per cent on the amount col- 
lected which said fines shall be appro- 
priated towards furnishing colours and 
music for his company and other cur- 
rent expenses thereof. 



AN ACT 



ToamendtheMilitialaw of this Territory. 

Passed Dec. 26 1812. 

Be it enacted by the Legislative 
Council and House of Representatives & 
it is hereby enacted by the authority 
of the same, That the Brigade Major 
and Inspector shall not hereafter be re- 
quired to attend any Battalion Muster, 
and that whenever a resignation of, 
or removal from the office of Adjutant 
General and Brigade Major and Inspec- 
tor shall take place, the Governor of the 



162 



MILITIA. 445 

Territory shall have a right to appoint 
an Adjutant General who shall execute 
the duties of Brigade Inspector and 
Major as well as the duties of Adjutant 
General. 



AN ACT 



Supplemental to an act entitled "an act to 
amend the Militia law of this Territory'. 

Passed Dec. 1 1813. 

Whereas it is incumbent on the Ad- 
jutant General hereafter to discharge 
the duties of the offices of Adjutant 
General and Brigade Major and 
Inspector and Whereas the attention to 
the discpline of the Militia in a republic 
is at all times highly important, but 
more especially in this Territory so 
vulnerable to sudden and unexpected 
invasions by a savage enemy living on 
its borders; and whereas in the dis- 
charge of the duties of those offices the 
Adjutant General will necessarily incur 
considerable expense and loss of time in 
recording and distributing the orders of 
the commander in chief and attending 
and inspecting the different Regiments 
in the territory therefore; 



163 



Preamble. 



446 



MILITIA. 



Compensa- 
tion of adiu- 
tant general. 



To be drawn 
upon certifi- 
cate of govr. 



The adjutant 
to prove that 
he has per- 
formed the 
duties how. 



In case of 
partial fail- 
ure what. 



Sec. 1. Be it enacted by the Legis- 
lative council and House of Representa- 
tives of the Illinois Territory, and it is 
hereby enacted by the authority of the 
same; that the Adjutant General shall 
receive an annual compensation of one 
hundred dollars out of the public Trea- 
sury for the services required of him by 
law; Provided however that the auditor 
of public accounts shall not draw any 
warrant in favor of the Adjutant Gen- 
eral until he shall receive a certificate 
from the Governor that the said Adju- 
tant General has faithfully discharged 
all the duties required of him by law; 
that said Adjutant General shall produce 
to the Governor a certificate from the 
commandant of each Regiment that he 
has performed all the duties required of 
him by law in his regiment and if it 
shall appear to the Governor from the 
returns made by the Adjutant General 
that he has failed in any part of his duty 
then and in that case the Governor 
shall only certify to the auditor for 
what part of the salary he may think 
him entitled to by the provisions of this 
act. 



To attend 
two drill mus 
ters annually 
in each regi- 
ment. 



Sec. 2. Be it further enacted, That 
the Adjutant General as Brigade Major 
and inspector shall not hereafter be 
required to attend more than two days 
in any year in each Regiment, for the 



164 



MILITIA. 



447 



purpose of superintending Regimental 
Drill Musters, any laws or parts of laws 
to the contrary notwithstanding. This 
act shall commence and be in force 
from and after the first day of January 



AN ACT 
Concerning the Militia. 

Passed Dec. 14, 1814. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives 
and it is hereby enacted by the author- 
ity of the same, That whensoever any 
draft of the militia shall be ordered 
within any regiment, the governor of 
the territory is hereby empowered to 
direct that a court martial shall meet 
at the place which may be appointed, 
in said regiment for the rendezvous 
two days before the time appointed for 
such rendezvous, which said court shall 
set until the expiration of the day of 
rendezvous and shall have power to 
hear and determine upon all excuses, 
that may be made by any individual, 
within the two first days of its session 
for exemption from service; and in 
no instance shall any militiaman be ex- 



When a draft 
is ordered the 
govr. to di- 
rect a court 
martial. 



To hear ex- 
cuses. 



165 



448 



MILITIA. 



empted from service who shall not have 
made his application within the time 
before mentioned. 



No excuse to 
be allowed 
unless a sub 
stantial one. 



Sec. 2. Whereas many persons, with 
small hurts or injuries frequently avail 
themselves thereof to procure exemp- 
tion from performing their tours of 
duty, though they be able to pursue 
their own private business, very expert 
with fire-arms in hunting and other 
amusements, and more able than many 
others to employ substitutes, it is here- 
by directed to be the duty of the afore- 
said court martial to enquire diligently 
into those circumstances, and to refuse 
certificates of exemption to any person 
or persons, that said court may believe 
are able to do militia duty, notwithstan- 
ding such person or persons may labour 
under some partial disadvantages. 



Persons fail 
ing or refu 
sing to per 
form tour of 
duty court 
martial to 
give judgt. 
for any sum 
not exceed 
ing 60 dolls, 
per month. 



Sec. 3. Whenever any person shall 
fail or refuse to perform his tour of 
duty, without reasonable excuse, made 
within the time aforesaid, unless he 
shall be able to shew that he had a suf- 
ficient excuse, and that it was not in 
his power to attend within the time and 
at the place hereby required to make 
the same it shall be the duty of said 
court martial to give judgment against 
such delinquent in any sum not more 
than sixty dollars per month for the 



166 



MILITIA. 



449 



time he may be required to serve, nor 
less than thirty dollars for each month: 
and it shall be the duty of the judge 
advocate to transmit a certified copy of 
all fines, thus assessed by any court 
martial, to the Sheriff of the county 
together with the warrant of said court 
and also a certified copy of said fine to 
the Auditor of public accounts, who 
shall charge the said sheriffs therewith, 
as in the case of territorial taxes, which 
said certificate shall be transmitted by 
the judge advocate to the Sheriff and 
Auditor within twenty days from the 
assessment of said fine and the sheriff 
shall collect the same within sixty days 
from the time he received the warrant 
of said court martial and pay the same 
into the public treasury giving ten days 
notice of the sale of the delinquents 
property; any judge advocate or sher- 
iff failing to perform the duties herein 
required, shall forfeit and pay double 
the amount of the fine imposed by this 
law. 



Judge advo- 
cate to furn- 
ish list of 
fines to the 
sheriff & send 
one to the 
Auditor who 
shall charge 
the sheriff 
with the amt. 



Sheriff to 
collect them 
in 60 days. 



Penalty on 
Judge advo- 
cate & sher- 
iff. 



Sec. 4. All and every officer who 
shall be appointed to compose any court 
martial and failing to do so shall pay 
the sum of (to wit) a captain (or any 
officer of higher grade) not more 
than fifty dollars nor less than ten dollars 



Penalty on 
officers who 
fail to attend 
the court 
martial. 



G G 



167 



450 



MILITIA. 



— All officers under the rank of captain 
failing as aforesaid shall for every such 
offence pay a sura not more than thirty 
dollars nor less than six dollars, to be 
recovered in the same manner as is 
hereinbefore directed. 



Adfutants 
compensa- 
tion for sum 
moning & at 
tending court 
martial. 



Sheriffs al- 
lowance for 
collecting 
fines. 



Sec, 5. The adjutants shall for sum- 
moning & for attending any court mar- 
tial as a compensation for his service 
herein, receive the sum of two dollars 
per day for each and every day's ser- 
vice, for vrhich he shall obtain a certi- 
ficate from the court martial to the au- 
ditor of public accounts, vrho shall give 
him a w^arrant to the territorial trea- 
surer for the amount thereof; and all 
sheriffs for levying and collecting all 
and every fine imposed by this act shall 
be allowed the same compensation as 
for collecting the territorial tax. 



Compensation 
to the judge 
advocate. 



Sec. 6. The judge advocate for his 
services rendered at any court martial 
as aforesaid, shall receive the sum of 
three dollars for each day he may serve 
therein, who shall for his services afore- 
said obtain from said court martial a 
certificate thereof to the auditor of 
public accounts, who is hereby required 
to give him a warrant to the territorial 
treasurer, for the same. 



Sec. 7. The said court martial may 



168 



MILITIA. 



451 



be adjourned from day to day until ev- 
ery case of delinquency shall have been 
decided, or may be convened at any time, 
by the Governor, for the purpose of 
deciding upon those cases of delinquen- 
cy though no adjournment may have 
been entered on their proceedings. 



court martial 
may adjourn 
& convene 



Sec. 8. If the Governor of the Ter- 
ritory should be unable or should fail to 
require the attendance of a court martial 
as aforesaid, for the purposes aforesaid, 
the powers hereby given to him in that 
particular shall be exercised by the 
lieutenant colonel of the regiment, or 
the commanding officer of the detach- 
ment, in which a draft may be order- 
ed. 



Governor 
failing to 
convene a 
court mar* 
tial the lieut. 
colonel to do 
it. 



Sec. 9. If any person drafted to 
perform a tour of duty shall be able 
vv^ithin the time specified for that pur- 
pose to exhibit to the aforesaid court 
a reasonable ground for exempting such 
person from the performance of such 
tour, the court shall give to such person 
a certificate thereof, which shall be 
sufficient to exempt him from the tour 
for the time being. 



Court mar 
tial to give 
certificate of 
excuse. 



Sec. 10. If any person shall be le- Drafted per- 

gaily drafted and notified to march and ^o march con 

shall fail or refuse to do so (not having «ldered deser 
obtained a certificate of exemption from 



169 



452 



MILITIA. 



The duty of 
militia offi- 
cers to appre 
liend them. 



the court aforesaid) such person shall 
be considered as a deserter, and it shall 
be lawful for any one, and shall be the 
particular duty of all militia officers to 
apprehend such person, and deliver him 
to any officer commanding in the de- 
tachment to which such deserter may 
belong. 



Governor au 
thorlsed to 
raise compa- 
nies of moun 
ted riflemen. 



Officers not 
to lose their 
ranic in the 
militia. 



To continue 
in service 3 
months. 



May tender 
their services 
for a longer 
period & 
shall serve 
the time if 
required. 



Sec. 11, The Governor of the Ter- 
ritory shall be and hereby is empowered 
to raise and organize as many compa- 
nies of mounted riflemen in this territo- 
ry as he may deem requisite for any 
service that is likely to be wanting. 
Any officer appointed to command in 
any one of those companies (they being 
intended only for temporary purposes) 
shall not lose thereby any appointment 
he may hold in the militia; such com- 
panies when raised and organised shall 
be subject to be called into service at 
any moment and shall continue in ser- 
vice three months after they shall 
reach the rendezvous, that shall be 
appointed for them ; but if they or 
any one of them shall make a specific 
tender of their services for six months 
or any longer period, they or any one 
of them so tendering their services shall 
be liable when called upon to perform 
the tour of duty so stipulated ; and any 
person enrolled in any one of said com- 
panies, who shall fail or refuse to per- 



170 



MILLS & MILLERS. 453 



form the tour of duty required shall be 
subjected to the same punishment and 
subject to the same coercion in every 
respect whatsoever as is provided in this 
law againsts persons drafted and failing 
or refusing to perform their tour of 
duty. 



Penalty for 
failing to 
perform tiie 
tour. 



MILLS AND MILLERS. 



AN ACT 
Regulating Grist Mills and Millers 
Passed Sept. 17, 1807. 



Sec. 1. Each and every miller or 
the owner or owners, or occupiers of 
every water and wind grist mill, now 
erected or which shall hereafter be built 
and erected, within this Territory, 
shall be entitled to have and receive 
out of the grain which may be ground in 



Toll allowed 
for grinding 
grain &c. in 
water & wind 
mills. 



171 



454 MILLS & MILLERS. 

his, her, or their said mills, the following 
rates of toll, in full compensation there- 
for, to wit; For grinding and bolting 
wheat or rye into flour, one tenth part 
thereof; For grinding Indian corn, 
oats, barley or Buckwheat, and the 
same bolting into flour when required 
to be bolted, one seventh part thereof; 
For grinding Indian corn, oats, barley 
or buckwheat, when the same is not 
required to be bolted, one eighth part 
thereof; For grinding malt and chop- 
ping rye, one twelfth part thereof. 



For grindin 
in H. mill 



Proviso. 
Where own- 
er of the 
grain shall 
find horses. 



Sec. 2. Each and every miller, or 
the owner or owners, or occupiers, of 
each and every horse mill, when the 
miller, owner or occupier thereof, shall 
find and provide horses for turning the 
same, shall be entitled to take and re- 
ceive, out of wheat to be ground and 
bolted in his, her or their said mills, 
one fifth part thereof; out of rye, 
Indian corn, oats, barley and buck- 
wheat, one fourth part thereof ; out 
of malt and for chopping rye, one 
sixth part thereof; Provided always. 
That when the owner of the grain to 
be ground, shall provide horses to grind 
the same, the miller or owner or occu- 
pier of said horse mill shall be entitled 
to take and receive the same rate, as is 
provided and allowed to water and 



172 



MILLS & MILLERS. 455 

wind mills in the first section of this 
act, and no more. 



Sec. 3. If any miller or the owner 
or owners or occupiers, of any of the 
aforesaid described mills, within this 
Territory shall presume to demand, 
receive or take any greater toll, fee or 
reward, for grinding grain, or for grind- 
ing and bolting grain into flour than as 
aforesaid, or shall knowingly cause the 
same to be done, he, she, or they so 
offending, upon conviction thereof, be- 
fore any justice of the peace of the prop- 
per county, in which the mill shall be 
erected, shall forfeit and pay the sum of 
five dollars, with costs, for the use of 
the county in which the offence shall 
have been committed, to be levied on 
the offender's goods and chattels; and 
for want of goods and chattels, the 
offender shall be committed to the jail 
of the county, until the same shall be 
paid, or the offender discharged by law; 
and moreover shall be liable to the ac- 
tion of the person injured, for dama- 
ges. 



Penalty for 
taking more 
than lawful 
toll 



How recov- 
erable 



Sec. 4. Every miller the owner or 
owners or occupier of every grist mill 
of the aforesaid description, shall be ac- 
countable to the owners of grain re- 
ceived to grind, for the safe keeping of 
the same, whilst in his, her or their 



Owners of 
mills to be 
accountable 
for grain &c 



173 



456 MILLS & MILLERS. 



Provided the 
bags etc are 
marked 



mills; and if any grain, bag, or cask 
containing the same, shall be lost or 
destroyed whilst intrusted in the care of 
any miller for the purpose of being 
ground, the owner or occupier, as the 
case may be, shall make good the same 
to the owner thereof in damages: Pro- 
vided always. That in order to entitle 
any owner of grain so deposited and 
lost or destroyed, to recover the value 
thereof against the miller, owner or oc- 
cupier of any of the above described 
mills ; the owner of the grain shall cause 
the bag or bags, cask or casks, contain- 
ing his, her or their grain to be distinct- 
ly marked with initial letters of his, 
her or their name or names. 



Millers not 
accountable 
in ease of 
robbery, fire 
etc 



Provided also, That nothing in this sec- 
tion shall be so construed as to charge 
any miller, owner or occupier of any 
mill, with the loss of grain, bags or 
casks, that shall happen by robbery, 
fire, or any other unavoidable accident, 
without the fault or neglect of such 
miller, owner or occupier thereof. 



In what ca- 
ses the courts 
of C. P may 
issue a writ 
of ad quod 



Sec. 5. If any person owning lands 
on one side of a water course, the bed 
thereof belonging to himself, and de- 
siring to build a water grist mill on such 
lands, and erect a dam across the same, 
shall not himself have the fee simple 
property in the land, on the opposite 



174 



MILLS & MILLERS. 457 



side thereof, against which he would a- 
but his said dam, he shall make appli- 
cation for a writ of ad quod damnum, to 
the court of Common Pleas of the coun- 
ty where such land may lie, and having 
given ten days previous notice, to the 
proprietor thereof if he be to be found 
in the county, and if not, then to his 
agent, if any he hath in the county, or 
if no agent, to be advertised at the 
door of the court house of the proper 
county for two terms; which court 
shall thereupon, order their Clerk to 
issue such writ, to be directed to the 
Sheriff, commanding him to summon 
and empannel twelve fit persons to 
meet on the land so proposed for the 
abutment, on a certain day, to be na- 
med by the court, and inserted in the 
said writ, of which notice shall be given 
by the Sheriff to the said proprietor, or 
his agent, if any he hath. 



Proceedings 
thereon. 



SherifF to 
summon a 
jury. 



Sec. 6. The jury so summoned and 
empannelled, shall be charged by the 
Sheriff, impartially, and to the best of 
their skill and judgment, to view the 
land proposed for an abutment, and to 
locate and circumscribe, by metes and 
bounds, one acre thereof, having due 
regard therein, to the interest of both 
parties, and to appraise the same accor- 



The fury 
when met 
their duty. 



H H H 



175 



458 MILLS & MILLERS. 

dingly to its true value, to examine the 
land above and below, the property of 
others, which may probably overflow, 
and say what damage it will be to the 
several proprietors, and whether the 
mansion house of any such proprietor or 
proprietors or the offices, curtilages, or 
gardens thereunto immediately belong- 
ing, will be overflowed, to enquire 
whether, and in what degree, fish of 
passage, or ordinary navigation will be 
obstructed; whether by any, and what 
means, such obstruction may be preven- 
ted ; and whether in their opinion, the 
health of the neighbours will be annoy- 
ed by the stagnation of the waters. 



Inquest when 
made to be 
returned to 
the next 
court with 
the writ. 



Further pro- 
ceedings 
thereon. 



Sec. 7, The inquest so made and 
sealed by the said jurors, together 
with the writ, shall be returned by the 
Sheriff to the next succeeding court, 
who shall thereupon order summonses 
to be issued to the several persons, pro- 
prietors or tenants, of the land so loca- 
ted, or found liable to damage, if they 
be to be found, within the county 
where the lands so to be condemned, 
or overflowed, do lie; and if not, then 
to their agent, if any they have, to 
shew cause, if any they have, why the 
party so applying, should not have leave 
to build his said mill dam. 



Sec. 8. Where any person may have 



176 



MILLS & MILLERS. 



459 



built a mill, or other dam, whereby the 
water of any river, creek, run or spring 
may be rendered thereby stagnant, it 
may be lawful for any person interested 
therein, or who may be damaged by 
the overflowing of said water, to obtain 
a writ of ad quod damnum, in the same 
manner as is directed in case of persons 
wishing to build a new mill; and the 
jury so summoned, &c. shall ascertain 
the damage which any individual may 
sustain in consequence of the continu- 
ance of the said mill dam, and whether 
the said mill is of public utility; and 
after the jury aforesaid, shall have made 
their return; it shall be the duty of 
the owner or owners of the said mill, 
to pay to any, and every individual, the 
sum assessed by the jury aforesaid, and 
upon payment of said assessment the 
said owner or owners, shall be clear of 
all damages to the person interested, as 
aforesaid; any law, usage or custom to 
the contrary notwithstanding. 



Persons who 
may have 
built mills 
may apply 
for a writ of 
ad quod dam 



And procee- 
dings there- 
on. 



Sec. 9. In the like manner if the 
person proposing to build such mill and 
dam, have the fee simple property in the 
lands on both sides of the stream; yet 
application shall be made to the court 
of the county, where the mill house will 
stand, for a writ to examine as afore- 
said; what lands may be overflowed, 
and to make the same examination and 



Where the 
person is ow- 
ner of lands 
on both sides 
the same pro- 
ceedings. 



177 



460 MILLS & MILLERS. 

report, as in the case last mentioned; 
which writ shall be directed, executed 
and returned, as prescribed in the for- 
mer case. 



In what eases 
the court 
shall, or shall 
not give 
leave &c. 



Sec. 10. If on such inquest, or other 
evidence, it shall appear to the court 
that the mansion house of any proprie- 
tor, curtilage or garden thereunto im- 
mediately belonging, will be overflow- 
ed, or the health of the neighborhood 
annoyed, they shall not give leave to 
build such mill and dam ; but if none of 
those injuries are likely to ensue, they 
are then to proceed to adjudge wheth- 
er all circumstances weighed, it be 
reasonable that such leave should be 
given, or not given, accordingly. 



Where leave 
is obtained, 
the mill shall 
be built and 
kept in repair 



If mill des- 
troyed & not 
rebuilt, the 
land to revert 
unless &c. 



Sec. 11. And if the party applying 
shall obtain leave to build the said mill 
and dam, he shall upon paying respec- 
tively to the several proprietors entitled, 
the value of the acre so located, and 
the damage which the jurors find will be 
by overflowing, the lands above and 
below, become seized in fee simple of 
the said acre of land ; but if he shall not 
within one year thereafter begin to 
build the said mill, and finish the same 
within three years, and afterwards 
continue it in good repair for public 
use ; or in case the said mill and dam be 
destroyed; if he shall not begin to re- 



178 



MILLS & MILLERS. 461 

build it within one year after such dis- 
truction, and finish it within three years 
thereafter; the said acre of land shall 
revert to the former proprietor, and his 
heirs, unless at the time of such destruc- 
tion, the owner thereof be a feme, 
covert infant, imprisoned, or of unsound 
mind in which case the same time shall 
be allowed after such disability remo- 
ved. 



Sec. 12. The inquest of the said ju- 
rors nevertheless, or opinion of the 
court, shall not bar any prosecution or 
action, which any person would have 
had in law, had this act never been 
made, other than for such injuries as 
were actually foreseen and estimated by 
the jury. 



When action 
may be 
brought. 



Sec. 13. All millers whose mills shall 
be established under this law, shall well 
and sufficiently grind the grain brought 
to their mills, and in due time, as the 
same shall be brought, and may take 
for toll such rates as are herein before 
established; and every miller failing to 
grind as aforesaid, as the same shall 
come in turn, or shall take or exact 
more toll, shall for every such offence, 
forfeit and pay to the person injured 
the sum of two dollars and fifty cents, 
recoverable before any magistrate 



Millers to 
grind well & 
in turn. 



Penalty en 
neglect and 
how recov- 
erable. 



179 



462 



MILLS & MILLERS. 



Millers to 
keep sealed 
measures in 
their mills. 
Penalty on 
neglect. 



Owners of 
dams over 
which a pub- 
lic read pass- 
es, to keep 
the dams in 
repair at least 
12 feet wide 



within the county where the offence 
was committed. 

Sec. 14. Every owner or occupier 
of a mill, shall keep therein a sealed 
half bushel, peck and toll dish, and 
measure all grain by striking measure, 
under the penalty as is mentioned for 
exacting more grain than is allowed by 
law, and if the miller be a servant his 
master shall pay the same. 

Sec. 15. The owner of every dam, 
over which a public road passes shall 
constantly keep such dam in repair, at 
least twelve feet wide, under the pen- 
alty of one dollar for every twenty 
four hours; but where a mill dam shall 
be carried away, or destroyed by tem- 
pest, the owner or occupier shall not 
be liable to the said penalty, provided 
the same be repaired within six months. 



AN ACT 



To amend an act, entitled "An Act, re- 
gulating Grist Mills and Millers, and for 
other purposes." 

Passed Deer. 25, 1812. 

Be it enacted by the legislative 



180 



MILLS & MILLERS. 463 



Council and House of Representatives 
of the Illinois territory, and it is hereby 
enacted by the authority of the same, 
That, any person or persons who shall 
hereafter build any mill or dam on any 
river, creek, run or spring vrithin this 
territory (without first complying with 
the ninth section of the act to which 
this is an amendment) & thereby work 
an injury to any other person or persons 
shall be subject to the fine of two hun- 
dred dollars for every such offence, to 
be recovered before any court of re- 
cord in this territory by any person 
who shall or may be injured, and will 
sue for the same, and all mills so built 
without complying with the act afore- 
said, shall be deemed to be nuisances and 
delt with as such. 



Persons to 
comply with 
same act. 



Penalty. 



This act to commence and be in 
force from and after the passage there- 
of. 



181 



464 



MONEY. 



MONEY. 

AN ACT 



6 pereemtum 
per annum 
legal interest 



For regulating the interest of Money, 

Passed September 17, 1817. 

Sec. 1. Creditors ( excepting as here- 
inafter excepted) shall be allowed to 
receive interest at the rate of six per 
centum per annum for all monies after 
they become due, on bond, bill, prom- 
isary note or other instrument of wri- 
ting, on any judgment recovered in any 
court of record now, or hereafter to 
be established, within the territory, 
from the day of signing judgment, un- 
til effects be sold or satisfaction of such 
judgment be made; likewise on money 
lent; on money for the forbearance of 
the payment whereof an express pro- 
mise hath been made for the payment of 
interest; on money due on the settle- 
ment of accounts, from the day of li- 
quidating accounts between the parties, 
and ascertaining the balance ; on money 
received to the use of another, and re- 
tained without the owners knowledge; 
and on money withheld by an unrea- 
sonable and vexatious delay of payment. 



182 



MONEY. 



465 



Sec. 2. No person or persons, shall 
on any contract, which shall be made, 
directly or indirectly, take for the loan 
or use of money, or other commodity, 
above the value of six dollars, for the 
forbearance of one hundred dollars, or 
the value thereof, for one year, and so 
proportionably, for any greater or less 
sums, any law, custom or usage to the 
contrary notwithstanding. 



No person to 
take more 
than six per 
cent per an- 
num interest 



Sec. 3. If any person shall directly, 
or indirectly, receive any money, obli- 
gation, promise, or other commodity, 
by way of premium, or any other name 
by which the same may be called, or 
understood, to the end of obtaining any 
higher rate of interest than six per cen- 
tum, per annum, for the loan or use of 
money, or any other commodity, on 
any contract which hath been made af- 
ter the fifteenth November, one thou- 
sand seven hundred and ninety-nine, or 
shall hereafter be made; and shall in- 
stitute an action in law for the recove- 
ry of the money due on, or by reason 
of the breach of such contract, so as a- 
foresaid made, it shall be lawful for the 
defendant in such action, in pleading, to 
set forth the special matter In bar of so 
much of the real sum of money, or price 
of the commodity, actually lent, ad- 



Penalty for 
talcing more 
than six per 
cent. 



Ill 



183 



466 MONEY. 

vanced or sold, as shall be the amount 
of the aforesaid premium or sum, ac- 
tually received; and if the plea of the 
defendant is confessed, or adjudged good, 
on demurrer, supported by the verdict 
of a jury, then and in every such case, 
the plaintiff shall recover no more than 
w^hat remains of the aforesaid sum of 
money, or price of the commodity, ac- 
tually lent, advanced or sold after de- 
ducting the said premium, without e- 
ven any interest on the principal, and if 
a residue is still left, the plaintif? may 
enter judgment for the same, and have 
execution thereof with interest, & costs 
accruing from the signing of the judg- 
ment : Provided always. That if the pre- 
mium or usurious interest, and costs, 
exceed the principal, or real sum of 
money, or the price of the commodity 
actually lent, advanced or sold, the ex- 
cess shall be deemed a debt of record, 
and on motion of the defendant made 
in open court, such defendant may en- 
ter judgment for the same, with costs, 
at the next, or any subsequent term, 
within one year, and have execution 
accordingly. 



184 



Negroes and Mulattoes. 467 



NEGROES & MULATTOES. 



AN ACT 

Concerning the introduction of Negroes and 
Mulattoes into this Territory. 

Passed Sept. 17, 1807. 



Sec. 1. It shall and may be lawful for 
any person being the owner or possessor 
of any negroes or mulattoes of and above 
the age of fifteen years, and owing 
service and labor as slaves in any of the 
states or territories of the United States, 
or for any citizen of the said states or 
territories purchasing the same, to 
bring the said negroes or mulattoes in- 
to this territory. 



Slaves may 
be bro't to 
territory. 



Sec. 2. The owner or possessor of 
any negroes or mulattoes, as aforesaid, 
and bringing the same into this Terri- 
tory, shall within thirty days after such 
removal, go with the same before the 
clerk of the court of Common Pleas 
of the proper county, and in the pre- 
sence of the said clerk, the said owner 
or possessor shall determine and agree 
to and with his or her negro or mu- 



Agree with 
slave for ser- 
vice before 
Clk. C. P. 



185 



468 Negroes and Mulattoes. 



Clk to mk. 
reed, thereof 



latto, upon the term of years, which 
the said negro or mulatto will and shall 
serve his or her said owner or possessor, 
and the said clerk is hereby authorised 
and required to make a record thereof 
in a book which he shall keep for that 
purpose. 



Slaves may 
be removed, 
&e 



Sec. 3. If any negro or nulatto re- 
moved into this Territory as aforesaid, 
shall refuse to serve his or her owner 
as aforesaid, it shall and may be lawful 
for such person, within sixty days there- 
after to remove the said negro or mu- 
latto to any place, which by the laws of 
the United States, or territory, from 
whence such owner or possessor may 
or shall be authorised to remove the 



Section 4, repealed. 



Slave under 
15 to be held 
to service &c 



Sec. 5. Any person removing into 
this territory, and being the owner or 
possesser of any negro or mulatto, as a- 
foresaid under the age of fifteen years, 
or if any person shall hereafter acquire 
a property in any negro or mulatto un- 
der the age aforesaid, and who shall 
bring them into this territory; it shall 
and may be lawful for such person, own- 
er or possesser to hold the said negro or 
mulatto to serve or labor, the male un- 
til they arrive at the age of thirty-five, 



186 



Negroes and Mulattoes 469 

and females until they arrive at the age 
of thirty-two years. 



Sec. 6. Any person removing any 
negro or mulatto into this territory, 
under the authority of the preceding 
sections, it shall be incumbent on such 
person within thirty days thereafter, 
to register the name and age of such ne- 
gro or mulatto, with the clerk of the 
court of Common Pleas, for the pro- 
per county. 



To register 
them with 
C. P. 



Sec. 7, If any person shall remove 
any negro or mulatto from any one 
county to another county within this 
territory, who may or shall be brought 
into the same under the authority of 
either the first or fifth sections hereof 
it shall be incumbent on such person to 
register the same, and also the name and 
age of the said negro or mulatto, with 
the said Clerk of the county, from 
whence, and to which such negro or 
mulatto may be removed, within thirty 
days after such removal. 



Removing 
&c. how to 
proceed. 



Sec. 8. If any person shall neglect, 
or refuse to perform the duty required 
by the two preceeding sections hereof, 
such person for such offence, shall be fi- 
ned in the sum of fifty dollars, to be 
recovered by indictment or information, 
and for the use of the proper county. 



Penalty. 



187 



bond, &e. 



470 Negroes and Mulattoes. 

Sec. 9. If any person shall neglect or 
refuse to perform the duty and service 
herein required, he shall for every such 
nelect or refusal, be fined in the sum of 
fifty dollars, to be recovered by infor- 
mation or indictment, and for the use 
of the county. 

Sec. 10. It shall be the duty of the 
clerk of the court of Common Pleas 
Clerk to take aforesaid, whtn any person shall apply 
to him to register any negro or mulat- 
to, agreeably to the preceding section, 
to demand and receive the said appli- 
cants bond, v^^ith sufficient security in 
the penalty of five hundred dollars, 
payable to the governor or his succes- 
sor in office, conditioned that the negro 
or mulatto, negroes or mulattoes, as the 
case may be, shall not after the expira- 
tion of his or her time of service, become 
a county charge, vv^hich bond shall be 
lodged with the county treasurers res- 
eectively, for the use of the said coun- 
ties : Provided always. That no such bond 
shall be required or requirable, in case 
the time of service of such negro or 
mulatto, shall expire before he or she 
arrives at the age of forty years; if 
such negro or mulatto, be at that time 
capable to support him or herself, by 
his or her own labor. 

Sec. 11. Any person who shall forci- 



188 



Negroes and Mulottoes. 471 



bly take or carry out of this territory, 
or who shall be aiding or assisting there- 
in any person or persons owing or hav- 
ing owed service or labour, without the 
consent of such person or persons, pre- 
viously obtained, before any Judge of 
the court of common Pleas of the coun- 
ty, where such person owing, or having 
owed such service or labour resides, 
which consent shall be certified by said 
Judge of the common pleas, to the 
clerk of the court of common pleas, 
where he resides, at or before the next 
court, any person so offending, upon 
conviction thereof, shall forfeit and pay 
one thousand dollars; one third to the 
use of the county, and two thirds to the 
use of the person so taken or carried 
away, to be recovered by action of debt, 
or on the case; Provided, That there 
shall be nothing in this section so con 
strued as to prevent any master or mis- 
tress from removing any person owing 
service or labour, from this territory, 
as described in the third section of this 
act. 



Servts. not 
to be remo- 
ed from ter- 
ritory with- 
out consent 
&e. 



Except as 
provided in 
3rd section. 



Sec. 12. The said Clerk for every re- 
gister made in manner aforesaid, shall 
receive seventy-five cents from the ap- 
plicant therefor. 



Clerics fees 



Sec. 13. The children born in this ter- 
ritory of a parent of colour, owing ser- 



189 



Servts. chil- 
dren to serve 



472 Negroes and Mulattoes. 

vice or labour by indenture, accordiag 
to law, shall serve the master or mis- 
tress of such parent, the male until the 
age of thirty, and the female until the 
age of tvv^enty eight years. 



Sec. 14. The provisions contained 
in a law of this territory, respecting ap- 
prentices, entitled "An act respect- 
ing apprentices," shall be in force, as to 
such children, in case of the misbehaviour 
of the master or mistress or for cruel- 
ty or ill usage. 



AN ACT 



Concerning Negroes and Mulattoes. 

Passed December 22, 1814. 

Whereas the erection of mills and 
Preamble. other valuable improvements are great- 

ly retarded in this territory, from the 
want of labourers, and whereas, also, 
experience has proved, that the manu- 
facture of salt in particular, at the Uni- 
ted States' Saline, cannot be successful- 
ly carried on by white laborers and it 
being the interests of every discription 
of inhabitants to afford every facility to 
the most extensive manufacture of that 
article, so necessary to them all, as the 



190 



Negroes and Mulattoes. 473 

most natural means of obtaining a cer- 
tainty of the necessary supplies thereof, 
at the lowest price. 



Sec 1. Be it enacted by the legislative 
Council and House of Representatives 
of the Illinois territory, and it is hereby 
enacted by the authority of the same, 
That, if any slave v^^hatsoever, shall vol- 
untarily hire himself or herself within 
the territory by the consent of his or 
her master, for any term not exceed- 
ing twelve months, his or her continu- 
ance in the territory according to such 
hiring shall not operate in any way 
whatever to injure the right of pro- 
perty in the master In and to the ser- 
vices of such slave or slaves. Provided 
however. That in all such cases such slave 
or slaves shall be examined privately, 
separately & apart from his or her own- 
er by a justice of the peace, or any 
clerk of the court, as to his or her vol- 
untary consent and a certificate of such 
justice or clerk shall be conclusive evi 
dence of such voluntary consent, and 
may be admitted to record and Provi- 
ded, That said slave or slaves shall for 
the time being, be considered and treat- 
ed as indentured servants. 



Slaves may 
voluntarily 
hire them- 
selves for one 
year with 
masters con- 
sent. 



it shall not 
liberate them 



Proviso. 



Justice of the 
peace or Clic. 
to certify 
consent of 
slave. 



Proviso. 



This act shall commence and be in 
force from and after the passage there- 
of. 

Kkk 



191 



474 Negroes and Mulattoes. 

AN ACT 

To prevent the Migration of freeNegres 
and Mulattoes into this Territory, and 
for other purposes. 

Passed December 8, 1813. 



No free negro 
to come into 
the territory 



To be order- 
ed to depart 
by a justice 
of tlie peace. 



How punish- 
ed if he does 
not depart. 



Sec. 1. Be it enacted by the Legisla- 
tive Council and House of Representa- 
tives of the Illinois Territory, That it 
shall not be lavv^ful for any free Negro 
or Mulatto to migrate in this territory, 
and every free negro or mulatto, w^ho 
shall come into this territory contrary 
to this act, shall and may be apprehen- 
ded and carried by any citizen before 
some justice of the peace of the county 
vi^here he shall be taken, M^hich justice is 
hereby authorised to examine, and or- 
der to leave the territory, every such 
free negro or mulatto, which said free 
negro or mulatto shall be allowed from 
the time of his examination before the 
justice of the peace, fifteen days to de- 
part from the territory, and if after the 
expiration of the said fifteen days he or 
she shall be found in the territory he or 
she shall be carried before a justice of 
the peace, who shall order him or her 
to be whipped on his or her bare back, 
not exceeding thirty nine stripes nor 
less than twenty-five stripes, and if he or 



192 



Negroes and Mulottoes. 475 

she shall thereafter remain in the terri- 
tory fifteen days he or she may be pun- 
ished in the same manner as aforesaid 
and so on as long as he or she shall re- 
fuse or fail to depart from the territory. 



Sec. 2. Be it further enacted that all 
free negroes and mulattoes now resi- 
ding in the territory shall within six 
months after the passage of this act ap- 
ply to the clerk of the court of Com- 
mon Pleas of the county in which such 
negro or mulatto may reside to be re- 
gistered and numbered by the clerk, 
which register shall specify the name, 
age, colour and stature of said free ne- 
gro or mulatto, a copy of which regis- 
ter signed by the clerk shall be delivered 
to the said free negro or mulatto, for 
which the clerk shall demand of him or 
her the sum of fifty cents — Provided 
however, that no negro or mulatto as 
aforesaid shall claim the benefit of this 
section until he, she, or they produce 
to such clerk satisfactory evidence that 
he, she, or they is or are entitled to 
freedom. Provided also, that no negro or 
mulatto, who is claimed as a servant 
or slave by any person or persons shall 
be entitled to the benefit of this sec- 



Slaves now 
living in the 
territory to 
register 
themselves. 



Proviso. 



Proviso. 



Sec. 3. Be it further enacted, that if 
any such free negro or mulatto being 



193 



476 Negroes and Mulattoes. 



Failing to do 
may be or- 
dered out of 
tlie teritory 
by a justice 
of peace 



of the age of twenty one years shall 
neglect to procure such certificate it 
shall be the duty of any Justice of the 
peace of the county, wherein he or she 
may be found to order him or her to 
leave the territory as in the first section 
of this act, and the said free negro or 
mulatto shall be subject to the same 
penalties for refusing to leave the terri- 
tory as is provided in the first section of 
this act. 



How punish- 
ed for steal- 
ing or har- 
boring run- 
away negroes 



Sec, 4. Be it further enacted, that if 
any such free negro or mulatto shall 
hereafter be convicted before any Jus- 
tice of the peace of the county where 
the offence was committed of stealing 
or harbouring runaway negroes or mu- 
lattoes or slaves belonging to persons 
either in this territory or elsewhere the 
said justice of the peace, whose duty it 
shall be to take cognizance of such of- 
fences, shall order him or her to receive 
on his or her bare back not less than 
thirty nine nor more than fifty lashes 
and the justice shall order him or her to 
depart from the territory, in thirty days 
and If such free negro or mulatto shall 
neglect to depart accordingly, he or she 
shall be dealt with in the same manner 
as is provided in the first section of this 
act. 



Sec. 5. Be it further enacted, that any 



194 



NOTARY PUBLIC. 



477 



such free negro or mulatto who is re- 
quired by this act to register himself to 
the clerk as aforesaid, shall at the same 
time register with the said clerk in the 
same manner all such free negroes or 
mulattoes residing with him or her as 
may be under the age of twenty one 
years and in failure thereof such free 
negroes and mulattoes being under the 
age of twenty one years may by any 
citizen be carried before the court of 
Common Pleas of the county whose du- 
ty it shall be to bind them out until they 
attain the age of twenty five years, This 
act to commence and be in force from 
and after the passage thereof. 



Free negro 
registering 
tliemselves 
to enter chil- 
dren also. 



Failing to do 
so cliildren 
may be bound 
out. 



NOTARY PUBLIC. 



AN ACT 

Regulating Notaries Public. 

Passed September 17, 1807. 

Sec. 1 The governor shall commis- 
sion so many Notaries Public in this 



195 



478 



NOTARY PUBLIC. 



N. P. com- 
missioned by 
the governor 



territory, as to him shall seem necessa- 
ry, who shall hold their offices during 
good behaviour. 



Make attesta- 
tion &c. 



Sec. 2. They shall make all attesta- 
tions, protestations and other things, 
which are by law directed relative to 
their offices, and it shall and may be 
lawful for every Notary Public to de- 
mand and receive the following fees 
to wit: 



Fees. 



For every attestation, protestation 
and other instrument of publication, 
under his proper seal relative to foreign 
bills of exchange, one dollar. 



And for recording the same in a 
book to be kept for that purpose, if 
thereunto required by the holder of 
such bill or note, seventy five cents. 

And for every attestation, protesta- 
tion, and other instrument of publica- 
tion, under his proper seal, relative to 
inland bills of exchange or promissory 
notes, fifty cents. 

And for recording the same in a 
book kept for that purpose, if there- 
unto required by the holder of such 
bill, or note, twenty five cents. 



196 



OATHS. 



479 



Sec. 3. It shall be the duty of the ©'v* *"»"<'• 
governor to take bond with sufficient 
security from each Notary Public, 
before he enters on the duties of his 
office in the sum of five hundred dollars 
conditioned for the due performance of 
the duties of his office, which bond, if 
forfeited, shall be sued for in the name 
of the territory and for its use. 



OATHS. 



AN ACT 



Concerning persons Conscientiously scrupu- 
lous to take an Oath in the common 
form. 

Passed September, 17, 1807. 



Sec. 1. All and all manner of 
crimes, offences, matters, causes and 
things, to be enquired of, heard, tried 
and determined, or done, or perform- 
ed by virtue of any law or otherwise, 
shall and may be enquired of, heard, 



Persons seru 
pulous to 
take an oath 
may take an 
affirmation 
&e. 



197 



480 



OATHS. 



Form of an 
oath or affir- 
mation. 



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



tried and determined by Judges, Jus- 
tices witnesses and inquest. And all 
other persons, qualifying themselves 
according to their conscientious per- 
suasions, respectively; those of the 
people commonly called Quakers, by 
taking the solemn affirmation, and those 
of the persuasions w^ho swear with up- 
lifted hand or hands, by taking an 
oath in the following words: 'I, A B, 
do swear or affirm (as the case may be) 
that I will, (and so forth) 
and that as I shall answer to God at the 
great day,' — Which oath, so taken, by 
persons who conscientiously refuse to 
take an oath, in the common form, 
shall be deemed and taken, in law, to 
have the same effect with an oath taken 
in the common form. 



Punishment 
for false af- 
firmation 
same as for 
perjury. 



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



No person 
enabled to 
exercise an 
office before 
he takes oath 
&c. to the 



Sec. 3. Provided always, T\\?lX. nothing 
herein contained, shall be held, deemed, 
or construed, to enable any such person 
to receive, take, or exercise, any office, 



198 



OATHS. 



481 



judicial or ministerial, before he shall 
take the oath or oaths to the govern 
ment, according to his conscience, and 
agreeably to the directions of an act of 
the United States, entitled "An act 
prescribing the time and manner of ad- 
ministering certain oaths," and also the 
oaths of office. 



government 
of the U. S. 
and oath &c. 
of office. 



AN ACT 



Respecting Oaths of Offic 



Passed Sept. 17, 1807. 



Sec. 1. Every person appointed to 
any civil ofHce in this territory, and 
commissioned by the Governor shall 
previously to his entering upon the ex- 
ercise of his office take the following 
oath, to wit: I, A B being appointed 
to the office of do solemnly swear, 

that I will well and truly execute the 
duties of my said office, according to 
the best of my skill and understanding, 
without fraud or partiality, so help me 
God. And person appointed as afore- 
said, conscientiously scrupulous of tak- 
ing an oath, shall make the following 
affirmation previously to his entering 



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



L L 



199 



482 



OATHS: 



Before 
whom taken 
and how 
certified 



upon the duties of his office, viz. I, A B 
being appointed to the office of 
do solemnly, sincerely, & truly declare, 
and affirm, that I will well and truly 
execute the duties of my said office, 
according to the best of my skill and 
understanding, without fraud or parti- 
ality, and this I declare and affirm un- 
der the pains and penalties of perjury; 
and that all oaths of office, or declara- 
tions & affirmations prescribed as afore- 
said, shall be taken before the Govern- 
or, or such person or persons, as shall 
by him be appointed and commissioned 
for that purpose, and certifyed upon 
the commission of the person taking the 
same; and in case of the absence of the 
Governor, the said oath, or declaration 
and affirmation may be taken before, 
and certifyed by either of the judges 
of the territory. 



AN ACT 



Empowering the clerks of the Supreme 
Court to administer oaths in certain cases 
and for other purposes. 

Passed Deer. 22, 1814. 

Whereas the existing law requiring 
that the Governor of the Territory 



200 



OATHS. 



483 



shall administer the oaths prescribed 
by law to all officers appointed under 
the authority of this government or that 
he shall issue a dedimus potestatem in 
such cases to some other person for 
that purpose is found to be productive 
of inconvenience, and subject to disap- 
pointments and delays in consequence 
of the extent of the territory and various 
casualties that attend the sending spe- 
cial powers, for remedy whereof. 



Preamble. 



Sec. 1. Be it enacted by the Legisla- 
tive Council and House of Representa- 
tives of the Illinois Territory, and it is 
hereby enacted by the authority of the 
same, that the clerks of the Supreme 
court in the respective counties in which 
they are clerks shall be authorised, and 
are hereby required to administer the 
oaths prescribed by law to all persons, 
who may be appointed to offices within 
their respective counties whenever 
thereto required by any person produ- 
cing a commission from the Governor 
appointing him to an office as aforesaid. 
And it shall moreover be the duty of 
each clerk as aforesaid to make and 
preserve a record of all such cases and 
transmit once in every three months a 
list of those persons to whom he may 
have administered such oaths together 
with the several dates thereof to the 
Secretary of the territory. 



To swear 
into office 
persons com 
missioned by 
the governor 



To keep a 
list and send 
a copy of it 
quarterly to 
the secretary 



201 



484 



OATHS. 



To receieve 
redemption 
money for 
lands of re- 
sidents for 
taxes. 



Sec. 2 Be it further enacted, that 
in all cases whatever in which it has 
heretofore been the duty of the respec- 
tive clerks of the courts of Common 
Pleas to receive redemption money, for 
lands sold for the taxes that duty shall 
hereafter be performed by the respec- 
tive clerks of the Supreme court, in 
their respective counties, and they shall 
in all respects whatever be subject to 
the same laws which now govern the 
said clerks of Common Pleas in such 
cases. 



To take af- 
fidavits to be 
used in court 
and all oaths 
appertaining 
to their of- 
fices. 



Sec. 3. Be it further enacted, that 
all clerks of courts shall be and hereby 
are authorised and empowered to ad- 
minister all oaths upon any affidavit to 
be presented to the courts, of which 
they are or may be the clerks, and all 
other oaths whatever appertaining to 
the business of their respective offices. 



202 



OCCUPANCY. 485 



OCCUPANCY. 



AN ACT 



Concerning Occupying Claimants of Land 
Adopted from the Kentucky Code. 

Passed January 24, 1811. 

Be it enacted by the Govern- Preamble, 
or and Judges of the Illinois Terri- 
tory, and it is hereby enacted by the 
authority of the same, That whereas 
from the frequency of interfering claims 
to land and the unsettled state of the 
country, it often happens that titles 
lay a long time dormant, and many 
persons deducing a fair title from the 
record, settle themselves on land suppo- 
sing it to be their own, from which they 
may afterwards be evicted by a title par- 
amount thereto; and it is just that the 
proprietor of the better title shall pay 
the occupying claimant of the land for 
all valuable improvements made there- 
on, and also, that the occupying claim- 
ant shall satisfy the real owner of the 
same for all damages that may have 



203 



486 



OCCUPANCY. 



been done to the land by the commission 
of waste or otherwise, during the occu- 
pancy, therefore — 



Persons e- 
victed by 
better title 
in what case 
not liable for 
rents &c. 



Sec. 1. Be it enacted by the authori- 
ty aforesaid, That all and every person 
who may hereafter be evicted from any 
land for which he can shew a plain and 
connected title in law or equity dedu- 
ced from the record of some public of- 
fice without actual notice of an adverse 
title in like manner derived from re- 
cord, shall be exempt and free from all 
and every species of action, writ or pro- 
secution for, or on account of any rents 
or profits or damages, which shall have 
been done, accrued or incurred at any 
time prior to receipt of actual notice of 
the adverse claim, by which the evic- 
tion may be effected, provided such 
person obtained peaceable possession of 
the land. 



Court to ap- 
point per- 
sons to value 
improve- 
ments. 



Sec. 2. And be it further enacted. 
That the court, who shall pronounce 
and give the judgment of eviction either 
in law or equity, shall at the time nom- 
inate seven fit persons, any five of 
whom shall have power and it shall be 
their duty to go on the premises and af- 
ter viewing the same on oath or affir- 
mation to assess the value of all such 
lasting and valuable improvements which 
shall have been made thereon prior to 



204 



OCCUPANCY. 



487 



the receipt of such notice as aforesaid 
and also to assess all damages the land 
may have sustained by the commission 
of any kind of waste or by the deduc- 
tion of soil by cultivation or otherwise 
during the occupancy of the person 
evicted and then substract the same 
from the estimated value of the said im- 
provemen s, which assessment signed & 
sealed by the persons making the same 
shall be by them lodged with the clerk 
of the court wherein they were nomin- 
ated, before the next ensuing term or 
as soon thereafter as may be convenient, 
and at the next court after such assess- 
ment, it shall be entered up as a judg- 
ment in favour of the person evicted 
and against the successful claimant of the 
land, by the clerk, upon which judg- 
ment execution shall immediately be 
issued by the clerk if directed by the 
person evicted, unless the successful 
claimant, shall give bond and security 
to be judged of by the court to the per- 
son evicted, and to be taken at the time 
of entering up such judgment, conditi- 
oned to pay the same within twelve 
months from the date thereof, with 
five percent interest thereon ; Provi- 
ded the balance shall ultimately be in fa- 
vour of such occupying claimant accor- 
ding to the directions and provisions of 
this act, which bond shall have the force 
of a judgment and at the expiration of 



They shall 
make report 
judgt. ren- 
dered there> 
upon. 



Proviso. 



205 



488 



OCCUPANCY. 



twelve months aforesaid an execution 
shall be issued upon the same by the clerk 
of the court in which it was taken, at the 
request of the party entitled thereto on 
oath being made that the same is yet due 
should the balance be in favour of the 
successful claimant, judgment in like 
manner shall be entered up in his favour 
against the other party for the amount 
of the same, upon which execution may 
be issued as aforesaid, unless bond and 
security shall be given to such claimant, 
which may be acted upon in the man- 
ner before directed, and to declare 
what shall be the law between adverse 
claimants under distinct titles of the 
kinds aforesaid after notice. 



Discrimina- 
tion in im- 
provements 
mode before 
or after no- 
tice of Ad 
verse claim. 



Sec. 3. Be it further enacted by the 
authority aforesaid, That the persons 
nominated by the court as aforesaid, 
when making an assessment, shall care- 
fully distinguish between such improve- 
ments as were made on the land prior 
to notice, and those which were made 
after notice, and when making an as- 
sessment they shall also take into consi- 
deration all such necessary and lasting 
improvements as shall have been made 
on the lands after the receipt of such 
notice as aforesaid ; and shall ascertain 
the amount of the value thereof, and 
they shall also take into consideration, 
and ascertain the amount of the value 



206 



OCCUPANCY. 



489 



of the rent and profits arising from the whole 
of the improvements on the land from the 
time that notice of such adverse claim was 
received by the occupying claimant and then 
after taking the amount of the one from the 
other the balance shall be added to or sub- 
stracted from the amount of the value of the 
improvements which shall have been made be- 
fore the receipt of the notice aforesaid, as the 
nature of the case shall require. 



Sec. 4. Be it further enacted, that the said 
commissioners shall also estimate the value of 
the lands in dispute exclusive of any improve- 
ments that shall have been made thereon, and 
make report of the amount of such valuation to 
the court, and if the value of the improvements 
shall exceed such estimated value of the land 
in dispute in that case, it shall and may be 
lawful for the proprietor of the better title to 
transfer or convey as the nature of the case 
may require his better title to the occupying 
claimant and thereupon a judgment shall be 
entered up in his favour against the occupying 
claimant for such estimated value upon which 
an execution may issue unless the occupying 
claimant shall give bond and security to be 
approved of by the court to pay the amount 
of such judgment within one year after the 



Land to be 
valued as if 
unimproved. 



Where suc- 
cessful! claim 
ant may con 
vey the land 
to the occu' 
pant & take 
judgment for 
the valuation 



M M M 



207 



490 



OCCUPANCY. 



person transferring or conveying as aforesaid, 
with interest from the date which bond shall 
have the force of a judgment and if not paid at 
the expiration of the year an execution may 
issue in the manner before directed by this act, 
Provided however, that the proprietor of the 
better title shall in every such case at the time 
of entering up judgment in his favour give bond 
and security to be approved of by the court 
to the occupying claimant to refund the amount 
of such judgment in case the land so transfer- 
red or conveyed shall ever thereafter be taken 
from him by any other prior or better claim. 



The eommIs> 
sioners to 
take an oath 
to summon 
and swear 
witnesses. 



Sec. 5. Be it further enacted, that the per- 
sons nominated by the court in virtue of this 
act shall be called commissioners and shall res- 
pectively take an oath or affirmation to do 
equal right to the parties in controversy and 
shall also have power and authority to call wit- 
nesses and administer the necessary oaths and 
to examine them for the ascertainment of any 
fact material in the enquiry and assessment by 
this act directed. 



Report of the 
commission- 
ers and al- 
iowance. 



Sec. 6. And be it further enacted, that the 
said commissioners in making every estimate 
of value by virtue of this act shall state sepa- 
rately the result of each and the court shall have 
power to make such allowance to the said com- 
missioners in any case as shall seem just which 



308 



OCCUPANCY. 



491 



allowance shall be taxed and collected as costs, 
Provided, that this act shall not be extended to 
affect or impair the obligation of contracts or to 
authorise the occupying claimant to be twice 
paid for his improvements and in all cases 
where the occupying claimant is paid for his 
improvements by any other person than the 
proprietor of the better title, such person shall 
have the same redress as is allowed to the oc- 
cupying claimant. 



Previse. 



Sec. 7. And be it further enacted. That the 
court shall have the same power to proceed by 
appointing commissioners to assess the value 
of the improvements and the damages by the 
commission of any kind of waste, by reducti- 
on of soil by cultivation or otherwise during 
the occupancy of the person evicted in case of 
arbitration or by consent of the parties on mo- 
tion without suit. 



waste and re- 
duetien ef 
seii to be 
eencidered. 



Sec. 8. And be it further enacted, That no- 
tice of any adverse claim or title to the land 
within the meaning of this act, shall have been 
given by bringing a suit either in law or equi- 
ty for the same by the one or the other of 
the parties, and may hereafter be given by 
bringing a suit as aforesaid, or by delivering 
an attested copy of the entry, survey or patent 
from which he derives his title or claim, or 
leaving any such copy with the party, his 



Legal notice 
of adverse 
claim, what 



209 



492 



OCCUPANCY. 



Proviso. 



wife or other free person above the age of 
sixteen years, on the plantation ; Provided 
however. That the notice given by the deli- 
very of an attested copy as aforesaid, shall be 
void, unless suit is brought w^ithin one year 
thereafter ; Provided, That in no case shall the 
proprietor of the better title be obliged to pay 
to the occupying claimant for improvements 
made after notice, more than what is equal to 
the rents and profits aforesaid. 



Notice to 
whom it ex- 
tends. 



Sec. 9. And be it further enacted. That 
notice to any occupying claimant shall bind 
all those claiming from, by, or through such 
occupying claimant to the extent of such 
claim. 



Sec. 10. And be it further enacted. That 
nothing in this act shall be construed so as to 
prevent any court from issuing a precept to 
stay waste, and ruling the party to give bond 
and security in such manner as such court 
may think right. 

This act shall be in force from the passage 
thereof. 

The foregoing is hereby declared to be a 
law of this Territory. 



210 



PARDON. 493 



PARDON. 



AN ACT 



Concerning the powers of the Governor of the 
Territory of Illinois. 

Adopted from the constitution of the State of 
Pennsylvania. 

Passed January 23, 1811. 

Be it enacted by the Governor and Judges 
of Illinois Territory and it is hereby enacted by 
the authority of same that the governor of the 
territory aforesaid shall have power to remit 
fines, and forfeitures and grant reprieves and 
pardons, except in cases of Impeachment. 

The foregoing is declared to be a law of the 
territory and to have effect as such. 



2i: 



494 PARTITION OF LAND. 



PARTITION OF LAND. 



AN ACT 

For the Partition of Land. 

Passed September 17, 1807. 

Sec. 1. Where any one or more persons, 
How real e$- proprietors of any tract or tracts, lot or lots 

J? fj j*"^ * *^^ ^^^^ Avithin this territory, are desirous of 

having the same divided, it shall and may be 
lawful for the court of Common Pleas, of the 
county where such land or lots may lie, on the 
Noiiee be- application of either party, notice of such ap- 

ing given. plication having been previously given by the 

party so applying, for at least four weeks, in 
some one of the public news-papers in this 
territory, if one is published therein, if not, at 
the court house door of the county where the 
Crt. to ap- lands He, to appoint three reputable freeholders, 

point comrs. residents of said county, not related to either of 

the parties as commissioners for dividing the 
said tract or lot of land, and having previously 
To take oath taken an oath, before any Judge of the General 

court, or of the court of Common Pleas of said 
county, honestly and impartially to execute 



212 



PARTITION OF LAND 



495 



the trust reposed in them as commissioners 
aforesaid, shall proceed to make division of the 
said land, lots, tenements and hereditaments as 
directed by the court, among the owners and 
proprietors thereof, according to their respec- 
tive rights, vv'hich partition being made by the 
said commissioners, or any tvv^o of them, and 
return thereof being made in writing under 
their hands and seals, to the said court, partic- 
ularly describing the lots or portions allowed 
to each respective owner or proprietor, men- 
tioning which of the owner or owners, proprie- 
tor or proprietors, are minors, if any such there 
shall be; which return being acknowledged 
by the commissioners making the same, before 
any one of the Judges of the court of Common 
Pleas, for the said county, and accepted by the 
court, and entered and recorded in the Clerks 
office, shall be a partition of such lands, lots 
and tenements therein mentioned. 



Make divi- 
sion accord- 
ing to rights. 



Maiie return 
under seal to 
court. 



Describing 
minors &c. 

Ackd be- 
fore Judge 
C. P. 

Accepted by 
crt. to be re- 
corded and 
serve as par- 
tition. 



Sec. 2. Where any houses and lots, are so 
circumstanced, that a division thereof cannot 
be had, Avithout great prejudice to the proprie- 
tors of the same; and the commissioners ap- 
pointed to divide the same, shall so report to 
the court, the court shall thereupon give orders 
to the said commissioners to sell such house 
and lot or houses and lots, at public vendue. 



In case divi- 
sion cant' be 
made comrs. 
to report. 



213 



496 PARTITION OF LAND. 



Crt. to order 
sale. 



Comrs. to 
make deeds. 
Bar vs. clai- 
mants. 



Pay amount 
of sales to 
proprietors. 



Comrs to 
receive from 
applicant 1 
1-2 dollars 
per diem 



and shall make and execute good and sufBcient 
conveyance or conveyances to the purchaser 
or purchasers thereof, which shall operate as 
an effectual bar both in lavr and equity, against 
such owners or proprietors, and all persons 
claiming under them; and the monies arising 
therefrom to pay to the owners or proprietors 
of such houses and lots, their guardians or 
legal representatives, as shall be directed in the 
said order. 

Sec. 3. The said commissioners so appoint- 
ed shall be entitled to receive from the person 
making the application, the sum of one dollar 
and fifty cents for every day they shall be em- 
ployed in effecting such division. 



Guardian to 
act for min- 



Sec. 4. And the guardians of all minors shall 
be and hereby are respectively authorised and 
empowered on behalf of the respective minors, 
whose guardians they are to do and perform 
any matter or thing respecting the division of 
any lands tenements, hereditaments as is herein 
directed, which shall be binding on such 
minor, and be deemed as valid to every pur- 
pose as if the same had been done by such 
minor after he had arrived at full age. 



No division 
or sale con- 
trary to will 



Sec. 5. Provided always. That no division 
or sale shall be made by order of the said 
court as above directed contrary to the intention 



214 



POOR. 



497 



of any testator, as expressed in his last will and 
testament. 



POOR. 



A LAW 



For the relief of the Poor 



Passed Sept. 17, 1807. 



Sec. 1. The court of Common Pleas in 
the several counties in this territory, at every 
first session of said court, yearly and every 
year, after the first day of January, shall nomi- 
nate and appoint two substantial inhabitants of 
every township within their respective juris- 
dictions, to be overseers of the poor of such 
township. 



Overseers of 
the poor how 
& by whom 
appointed. 



Sec. 2. And if any overseer shall die, re- 
move or become insolvent, before the expira- 
tion of his ofBce, two Judges of the court of 
Common Pleas, on due proof being thereof 
made before them, shall appoint another in his 
stead. Every overseer so nominated and ap- 
pointed, shall before he enters upon the ex- 



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



Overseer to 
talce oath &e 



N N N 



215 



498 POO R. 

ecution of his office take an oath or affirmation, 
respectively, according to law; which any 
Judge or Justice in the counties respectively, 
is hereby authorised and empowered to admin- 
ister, that he will discharge the office of over- 
seer of the poor, truly, faithfully and imparti- 
ally, to the best of his knowledge and ability. 

Overseers to Sec. 3. It shall be the duty of the overseers 

perT, w'heS*"* °^ ^^^ P°°^ '" ^^^^ ^^^ every township, yearly 
& how. and every year, to cause all poor persons, who 

have, or shall become a public charge to be 
farmed out at public vendue, or out cry, to wit : 
On the first Monday in May, yearly and every 
year, at some public place in each township in 
the several counties in this territory, respective- 
ly to the person or persons, who shall appear to 
be the lowest bidder or bidders, having given 
ten days previous notice of such sale, in at 
least three of the most public places in their 
respective townships, which notices shall set 
forth the name and age, as near as may be, of 
each person to be farmed out as aforesaid. 

Sec. 4. The overseers of the poor, shall 

make a return into the Clerk's office of the 

When fo court of Common Pleas of the county, of the 

make return sum or sums of money, for which the poor of 

to the court , . , . , , . , . 

of c P. their respective townships were sold, within 

fifteen days after every such sale shall have 
been made; and it shall be the duty of such 



216 



POOR. 



499 



court, to levy and cause to be collected in the 
same manner as other county rates are levied 
and collected, a sum of money equal to the 
amount of the several sums for which the poor 
of the several townships shall have been sold. 



Duty of the 
court. 



Sec. 5. The farmers of the poor shall be 
entitled to receive from the county treasury 
half yearly on the order of the court aforesaid, 
on the certificate of the overseers of the poor, 
stating the sum due, the compensation which 
shall have been stipulated as aforesaid, in full 
satisfaction for their trouble, and for all expen- 
ces in keeping and supporting the poor, for the 
term of one year as aforesaid, and if any person 
or persons, shall become legally a town charge, 
after the poor of the township shall have been 
sold as aforesaid, it shall be the duty of the over- 
seers to proceed in manner aforesaid to dispose 
of such poor person or persons for the remain- 
der of the year, giving the same notice of such 
farming out. 



Farmers of 
the poor how 
paid, &c. 



Sec. 6. And it shall be lawful for the farm- 
ers of the poor to keep all poor persons under 
their charge, at moderate labour, and every per- 
son who shall refuse to be lodged, kept, main- 
tained, and employed in the house or houses of 
such farmers of the poor, he or she, shall not 
be entitled to receive relief from the overseers 
during such refusal; and it shall be the duty 



Farmers of 
the poor may 
keep them at 
moderate 
labour &c. 
Paupers re- 
fusing to la- 
bor, no enti- 
tled to re! ef 
during such 
refusal. 



217 



500 



POOR. 



When pau 
pers are illy 
treated how 
to proceed. 



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



Poor child 
ren to be by 
overseers 
put out ap 
prentices. 



How and at 
what ages. 



Sec. 7. It shall and may be lawful for the 
overseers of the poor of the townships aforesaid, 
by the approbation and consent of two Justices 
of the Peace of the county to put out as ap- 
prentices, all such poor children, whose par- 
ents are dead, or shall be by the Justices found 
unable to maintain them, males till the the age 
of twenty-one, and females till the age of eigh- 
teen years. 



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



Sec. 8. No person or persons shall be ad- 
mitted or entered in the poor book of any of 
the said townships, or receive relief, before 
such person or persons shall have procured an 
order from two Justices of the Peace, for the 
same. And in case the said overseers shall en- 
ter in their books, or relieve any such person 
or persons, without such order, they shall for- 
feit all such money or goods so paid, or distri- 



218 



1* O O R. 



501 



buted, unless such entry or relief shall be ap- 
proved of as aforesaid. 



Sec. 9. The court of Common Pleas shall 
annually on the day on which overseers of 
the poor are appointed, choose three capa- 
ble and discreet freeholders in each tovi^n- 
ship to settle and adjust the accounts of the 
overseers of the poor of the respective town- 
ships for the preceding year, and the persons 
who shall have served in the office, shall on the 
said day, or on any other day, which the said 
freeholders, so chosen, shall appoint, within 
fifteen days next after, deliver and render to 
the said freeholders, a just account in writing, 
entered in a book to be kept for that purpose, 
and signed by him, of all sums by him receiv- 
ed; and also of all materials that have come 
to his hands, during his office, and of all 
money paid by such overseers, and of all other 
things concerning his office, which accounts 
when settled, shall be signed by the said free- 
holders, or any two of them, who shall have 
full power to allow such parts thereof only, as 
to them shall appear just and reasonable. 



Overseers ae 
counts how 
to be kept & 
settled. 



Controlled 
by three free 
holders ap- 
pointed by 
the court. 



Sec. 10. The said overseers shall make fair 
entries in a book, of the names of all the poor 
within their respective townships; with the 
time when each of them became chargeable, 
and of all certificates delivered to them, and by 



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



219 



502 



POOR. 



Compensati- 
on to over- 
seers, how 
made. 



Delinquent 
overseers, 
how punish- 
able. 



Appeal. 



whom, with the times when the same were de- 
livered for which trouble the said freeholders, 
or any two of them shall make such allowan- 
ces as they shall judge reasonable; and if any 
of the said overseers shall refuse or neglect to 
make and yield up such books and accounts, 
within the time as aforesaid, or if any such 
whose office shall expire, shall refuse, or neg- 
lect to pay over the money, and deliver up the 
books aforesaid, and every other thing in his 
hands, concerning his said office, to his succes- 
sor, within thirty days after his going out of 
office ; it shall be lawful to and for any Justice 
of the Peace of the said county, to commit 
such overseer to the common jail, there to re- 
main without bail or mainprize, till such over- 
seers shall give such accounts and pay and de- 
liver up such money, books and other things, 
as he ought in manner aforesaid. If any over- 
seer shall think himself aggrieved by the settle- 
ment of his account by the said freeholders, he 
may (having first paid over to his successor 
the ballance found in his hands, if any such 
there be) appeal to the next court of Common 
Pleas, who shall, on petition of the party, take 
such order therein, and give such relief as to 
them shall appear just and reasonable, and the 
same shall conclude all parties. 



Sec. 11. And if any person appointed as 



220 



POOR. 



503 



overseer of the poor of any township, shall re- 
fuse, or neglect to take upon him, the said of- 
fice, he shall forfeit twelve dollars, to, and for 
the use of the county; which forfeiture shall 
be levied by warrant, from any two 
Justices of the county, or of the townships 
respectively, under their hands and seals, on 
the goods and chattels of such person or per- 
sons, so neglecting or refusing, and sold with- 
in three days next after distress made ; and if 
there happen any overplus upon sale thereof, 
the same shall be paid to the owner or owners, 
reasonable charges being first deducted, and 
if such person or persons, so neglecting, or re- 
fusing, as aforesaid, shall not have goods or 
chattels, wherewith he or they may be distrained 
as aforesaid, then the said Justices may commit 
the offender or offenders to prison, there to re- 
main without bail or main-prize, till the said 
forfeiture shall be fully satisfied and paid. 



Overseers n 
glecting to 
take office 
forfeit 12 
dollars to 
county. 



How recov 
erable. 



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



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



221 



504 



POOR. 



Property 
may be had 
for the poor 
and to what 
amount. 



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



Overseers in 
each town 
ship a body 
corporate. 



Sec. 14. The overseers of the poor for the 
several townships for the time being, respect- 
ively, shall forever hereafter, in name and in 
fact, be and they are hereby declared to be 
dodies politic and corporate, in law, to all in- 
tents and purposes, and shall have perpetual 
succession; and may by the name of the over- 
seers of the poor of the said township, sue, and 
be sued, and plead, and be impleaded, in all 
courts of judicature, and by that name, shall 
and may purchase take or receive any lands, 
tenements or hereditaments, goods, chattels, 
sum or sums of money, not exceeding in the 
whole, including all gifts, grants, devises and 
bequests, heretofore made, the aforesaid yearly 



222 



POOR. 



505 



value of twelve hundred dollars, to and for the 
use and benefit of the poor of the respective 
townships, of the gift, alienation or devise of 
any person or persons whomever; to hold to 
them, the said overseers, and their successors, 
in the said trust, for the use of the said poor 
forever. 



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



Qualification 
for a legal 
settlement. 



Exercising 
public office. 



Paying taxes 
Leasing lands 



On being a 
freeholder. 



Ooo 



223 



506 



POOR. 



Hiring a 
lerviee. 



Being appren 
tiees. 



lease or own any such freehold estate, and dwel- 
ling thereon, as aforesaid, or being hired or 
bound, shall continue and inhabit in a place 
for one whole year as aforesaid, every inden- 
tured servant legally brought into this territory, 
shall obtain a legal settlement in the county or 
place, in which such servant shall have first 
served, with his or her master or mistress the 
space of sixty days, and if afterwards such ser- 
vant shall duly serve, in any other place for 
the space of six months, such servant shall ob- 
tain a legal settlement, in the county or place, 
where such service was last performed, either 
with his or her first master or mistress, or on 
assignment. 



As to marrN 
ed women 
and widowi. 



Sec. 16. Every married woman shall be 
deemed during converture, and after her hus- 
bands death, to be legally settled in the place 
where he was last legally settled, but if he shall 
have no legal settlement, then she shall be 
demed, whether he is living or dead to be 
legally settled in the place where she was le- 
gally settled before the marriage. 



Concerning 
strangers com 
ing into 
townships. 



Sec. 17. If any person or persons shall 
come out of the United States into any county 
or place within this territory, or shall come 
out of any county or place within this ter- 
ritory, into any other county or place thereof, 
there to inhabit and reside, and shall at the 



224 



POOR. 507 

same time procure, bring and deliver unto the 
overseers of the poor, of the township or place 
where he, she or they, shall come to inhabit, 
a certificate under the hands and seals of the Certificate 
overseers of the poor of the county, township *'[lfsiJ5$'to'"be 
or place from whence he, she or they removed, valid. 
to be allowed by two or more credible wit- 
nesses, thereby acknowledging, the person or 
persons mentioned in said certificate, to be in- 
habitant or inhabitants legally settled in that 
county, township or place; every sush certi- 
ficate having been allowed of and subscribed 
by one or more Justices of the peace of the 
proper county, where such county or town- 
ship, shall oblige the said county, township or 
place, to provide for the persons mentioned 
in the said certificate, together with his or 
her family, as inhabitants of that place, where- 
ever he she or they happen to become charge- 
able, to, or be obliged to ask relief of the county 
township or place, to which such certificate 
was given, and into which he, she or they 
were received by virtue of the said certificate 
and then and not before, it shall and may be 
lawful for any such person, and his, her or 
their children, though born in the county, town- 
ship or place, and his or her servants 
or apprentices, not having otherwise acquired 
a legal settlement there, to be removed, con- 



225 



508 POO R. 

veyed and settled, in the county, township or 
place from whence such certificate was brought, 
and the witnesses who attest the execution of 
the certificate by the overseers, or one of the 
witnesses, shall make oath or affirmation ac- 
cording to law, before the Justices who are to 
allow the same, that such witness or witnesses 
did see the overseers of the poor whose names 
and seals are thereunto subscribed and set, 
severally sign & seal the said certificate; & 
that the names of each viatness attesting the said 
certificate are of their own proper hand writing; 
which said Justice shall also certify, that 
such oath or affirmation was made before 
them, and every such certificate 
so allowed, and oath or affirmation of the ex- 
ecution thereof so certified, by the Justices, 
shall be taken and received as evidence with- 
out other proof thereof, and no person so com- 
ing by certificate into any county or place, nor 
an apprentice or servant to such person shall be 
deemed or adjudged by any law whatsoever, 
to have gained a legal settlement therein, un- 
less such person shall after the date of such 
certificate, execute some public annual office, 
being legally placed therein in such county or 
place. 

Sec. 18. No person whomsoever, coming 



226 



POOR. 



509 



into any county or place without such certifi- 
cate, as aforsaid, shall gain a legal settlement 
therein, unless such person shall give security 
if required, at his or her coming into the same, 
for indemnifying and discharging such county 
or place to be allowed by any one of the Jus- 
tices of the peace respectively. 



No legal set 
tiement gain 
ed by strange 
rs without a 
certificate, 
unless securi 
ty given. 



Sec. 19. Upon any complaint made by the 
ovsrseers of the poor of the proper county or 
place, to any one or more of the Justices of the 
said county, wherein such township or place 
is situate, it shall and may be lawful to and 
for any two Justices of the said county, respec- 
tively, where any person or persons is or are 
likely to become chargeable to said county or 
place, where he, she or they shall come to in- 
habit, by their warrant or order, directed to the 
said overseers, to remove and convey such 
person or persons, to the county, township, 
place or state, where he she or they was, or 
were, last legally settled, unless such person or 
persons shall give sufficient security to dis- 
charge and indemnify the said county or place, 
to which he, she or they, is, or are likely to 
become chargeable as aforesaid. 



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



Sec. 20, If any person or persons shall 
think himself or themselves aggrieved by any Appeal on 

order of removal made by any of the said Jus- •"©"•ova'** 



227 



510 



POOR. 



Proeeedingt 
thereon. 



tices, such person or persons may appeal to the 
next court of Common Pleas, for the county 
from whence such poor person shall be remo- 
ved, and not elsewhere, which said court shall 
determine the same; and if there be any de- 
fects of form in such order, the said court shall 
cause the same to be certified and amended, 
without any costs to the party; and after such 
amendment shall proceed to hear the truth and 
merits of the cause, but no such order of remo- 
val shall be proceeded upon unless reasonable 
notice be given by the overseers of the town- 
ship or place, appealing unto the overseers of the 
township or place from which the removal shall 
be, the reasonabless of which notice shall be deter- 
mined by the court to which the appeal is 
made, and if it shall appear to said court that 
reasonable time of notice was not given, then 
the appeal shall be adjourned to the next court, 
and there determine the same. 



Against vex 
atious remo 
vals rivolous 
appeals. 



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



228 



POOR. 



511 



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



Costs on ap 
peals. 



And if the person ordered to pay such costs 
and charges, shall live out of the jurisdiction of 
said court, any Justice where such person 
shall inhabit, shall, on request to him made, 
and a true copy of the order for payment of 
such costs and charges, certified under the 
hand of the Clerk of the court, by his warrant, 
cause the same to be levied by distress; and 
if no such distress can be had, shall commit 
such person to the common jail, there to re- 
main without bail or main-prize, until he pays 
the said costs and charges. 



How recove 
rable. 



Sec. 22. But if the said court on such ap- 
peal, shall determine in favour of the appel- 
lant, that such poor person was unduly remov- 
ed, the court shall at the same term, order and 
award to such appellant, so much money, as 
shall appear to the said court to have been 
reasonably paid by the county, township or 
place, on whose behalf such appeal was made, 
towards the relief of such poor person, between 



On JHclgt. 
for appallan 



229 



512 



POOR. 



Costs thereon 



How recove 
rable. 



the time of such undue removal, and the de- 
termination of such appeal, with the costs a- 
foresaid, the said money so awarded, and the 
costs to be recovered in the same maner as the 
costs and charges awarded against an appel- 
lant, are to be recovered by virtue of this law 
as aforesaid. 



Penalty on 
persons recei 
ving others 
not being le 
golly settled, 
without giv- 
ing notice 
thereof ov 



How recov 
eroble. 



Sec. 23 If any house keeper, or inhabitant 
of the territory, shall take into, receive or en- 
tertain in his or her house or houses, any per- 
son or persons Vv'hatsoever, not being persons 
who have gained a legal settlement in some 
county, township, or place within this territory, 
and shall not give notice thereof in writing to 
the proper overseers of the poor, within ten 
days, next after so receiving or entertaining such 
person or persons, such inhabitant, or house 
keeper, being thereof legally convicted, by the 
testimony of one credible witness on oath or 
affirmation, before any one Justice of the Peace 
of the county where such person dwells, shall 
forfeit and pay the sum of three dollars, for ev- 
ery such offence ; the one moiety to the use of 
the county, and the other moiety to the inform- 
er, to be levied on the goods and chattels of the 
delinquents, in the manner hereinafter directed, 
and for want of sufficient distress, the offender 
to be committed to the work house of the 



230 



POOR. 



513 



township, or the jail of the said county, there 
to remain, without bail or mainprize, for the 
space of ten days. 



Sec. 24. And moveover, in case the person 
or persons, so entertained, or concealed, shall 
become poor, and unable to maintain himself, or 
herself, or themselves, and cannot be removed 
to the place of his, or her, or their last legal 
settlement in any other state, if any such, he 
she, or they, have, or shall happen to die, and 
not have wherewith to defray the charges of 
his, her or their funeral, then, and in such 
case, the house keeper, or person convicted of 
entertaining, or concealing such poor person, 
against the tenor of this law, shall be obliged 
to provide for, and maintain such poor and in- 
digent person or persons ; and in case of such 
poor persons death, shall pay the overseers of 
the poor, so much money as shall be expen- 
ded on the burying of such poor and indigent 
person or persons, and upon refusal so to do 
it shall be lawful for the overseers of the poor 
of said township, or place respectively, and 
they are hereby required to assess a sum of 
money on the person or persons so convicted, 
from time to time by a weekly assessment 
for maintaining such poor and indigent person 
or persons, or assess a sum of money for de- 



Further pen- 
alty in case 
of paupers 
death. 



P P P 



231 



514 



POOR. 



How reeov 
erable. 



fraying the charges of such poor person's fune- 
ral as the case may be; and in case the party 
convicted shall refuse to pay the sum of mo- 
ney so assessed or charged to the overseers of 
the poor for the uses aforesaid, the same shall 
be levied on the goods and chattels of the of- 
fender in the manner hereafter directed. But 
if such persons so convicted have no goods 
or chattels, to satisfy the sum so assessed for 
him or them to pay; then the said Justices 
shall commit the offender to prison, there to 
remain vi^ithout bail or main-prize, until he or 
they shall have paid the same; or until he or 
they shall be discharged by due course of law. 



Overseers 
shall receive 
all poor law' 
fully remo- 
ved. 



Penalty on 
neglect. 



Sec. 25. If any person be removed by vir- 
tue of this law, from one county, township or 
place to another, by warrant or order unde 
the hands and seals, of two Justices of the peace 
as aforesaid, the overseers of the poor of the 
township or place, to which the said person 
shall be removed, are hereby required to re- 
ceive said person ; and if any of the said over- 
seers shall neglect or refuse so to do, he or 
they so offending, upon proof thereof by one 
or more credible witnesses, upon oath or af- 
firmation, before one or more of the Justices 
of the peace of the county where the offender 
doth reside, shall forfeit for every such offence 
the sum of twelve dollars, to the Sheriff for 



232 



POOR. 



515 



the use of the county, to be levied by distress 
and sale of the offenders goods, by warrant un- 
der the hand and seal of the said Justice of the 
Peace, which he is hereby required and em- 
powered to make, directed to the constable 
of the township, or place, where such offender 
or offenders dwell, returning the overplus, if 
any there be, to the owner or owners; and 
for want of sufficient distress, then the offender 
to be committed to the jail of the county where 
he dwells, there to remain without bail or 
main-prize, for the space of forty days. 



How recove 
rable. 



Sec. 26. If any poor person shall come to 
any township or place within this territory, 
and shall happen to fall sick or die, before 
he or she have gained a legal settlement in 
the county or place, to which he or she shall 
come, so that such person cannot be remo- 
ved, the overseers of the poor of the town 
ship or place into which such person is come, 
or one of them, shall, as soon as conveniently 
may be, give notice to the overseers of the 
poor of the township or place, where such 
person had last gained a legal settlement, or to 
one of them, of the name, circumstances & con- 
dition of such poor person; and if the over- 
seers of the poor to whom such notice shall be 
given, shall neglect or refuse to pay the mo- 
nies expended for the use of such poor person. 



Proceedings 
when the 
poor of one 
place sicken 
or die in an 
other. 



Penalty on 
overseers ne- 
glecting. 



233 



516 POO R. 

and to take order for relieving and maintain- 
ing such poor, or in case of his or her death before 
notice can be given as aforesaid; shall on re- 
quest being made neglect or refuse to pay the 
monies expended in maintaining and burying 
such poor person, then and in every such case 
it shall be lawful for any two Justices of the 
Peace of the county where such poor person 
was last legally settled, and they are hereby 
authorised and required upon complaint made 
to them, to cause all such sums of money as 
were necessarily expended for the maintain- 
ance of such poor person, during the whole 
time of his or her sickness, and in case he or 
she dies, for his or her burial, by warrant un- 
der their hands and seals, to be directed to 
some constable of the county respectively, to 
"°bl''***^' ^^ levied by distress, and sale of the goods and 

chattels of the said overseer or overseers of the 
poor, so neglecting or refusing to be paid to 
the overseer or overseers of the township or 
place, where such poor person happened to be 
sick, or to die, as aforesaid, and the overplus 
of the monies arising by the sale of such goods, 
remaining in the constables hands, after the 
sum of money ordered to be paid, together 
with the costs of distress are satisfied, shall be 
restored to the owner or owners of said goods; 



234 



POOR. 



517 



if any of the said overseers shall think him, or 
themselves aggrieved by any sentence of such 
Justices, or by their refusal to make any order, 
as is aforesaid, he or they may appeal to the 
next court for the county where such Justices 
reside, and not elsevi'here, which court is 
hereby authorised and required to hear, and 
finally determine the same. 



Appeal. 



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



Duties en- 
joined on fa- 
thers motli- 
ers and cliil. 
dren. 



Penalty on 
neglect. 
How recov- 
erable. 



Sec. 28. Whereas it sometimes happens that 
men separate themselves without reasonable 
cause from their wives, and desert their child- 
ren, and women also desert their children, leav- 
ing them a charge upon the said county or 
place, aforesaid, although such person may 
have estates which should contribute to the 
maintenance of such wives or children; 
it shall and may be lawful for the over- 
seers of the poor of the said township, or 
place, having first obtained a warrant or 



Men deser- 
ting their 
wives. And 
women their 
children how 
to be dealt 
with. 



235 



518 POO R. 

order from two Justices of said county o 
place, where such wife or children shall be so 
left or neglected; to take and seize so much of 
the goods and chattels and receive so much of 
the annual rents, and profits of the lands and 
tenements of such husband, father or mother; 
as such two Justices shall order and direct, 
for providing for such wife, and for maintain- 
ing and bringing up of such child or children; 
which warrant or order being confirmed at the 
next court of Common Pleas for the county; 
it shall and may be lawful for the said court to 
make an order, for the overseers to dispose of 
such goods and chattels, by sale or otherwise, 
or so much of them for the purposes afore- 
said, as the court shall think fit, and to re- 
ceive the rents and profits, or so much of them 
as shall be ordered by the said court; of his 
or her lands and tenements, for the purposes 
aforesaid, and if no estate real or personal of 
such husband, father or mother, can be found, 
wherewith provision may be made, as afore- 
said, it shall and may be lawful to, and for the 
said court for the county to order the payment 
of such sums as they shall think reasonable, for 
the maintenance of any wife or children, so ne- 
glected, and commit such husband, father or 
mother, to the common jail, there to remain 
until he or she comply with the said order, give 



236 



POOR. 519 

security for the performance thereof, or be other- 
wise discharged by the said court; and on 
complaint made to any Justice of the peace in 
any county of any wife or children being so 
neglected, such Justice shall take security from 
the husband, father or mother neglecting as a- 
foresaid, for his or her appearance at the next 
court, there to abide the determination of the 
said court, and for want of security to commit 
such person to jail. 

Sec. 29. The several fines, forfeitures and Fines how 
1^- J r . J recoverabls. 

penalties, sum and sums or money, imposed or 

directed to be paid by this law, and not herein 
otherwise directed to be recovered, the same, 
and every of them, shall be levied and recover- 
ed by distress and sale of the goods and chattels 
of the delinquent, or offender by warrant un- 
der the hand and seal of any one Justice of the 
county, where the delinquent or offender 
dwells, or is to be found, and after satisfacti- 
on made of the respective forfeitures, fines, 
penalties, and sums of money, directed to be 
levied by such warrant as aforesaid, together 
with such legal charges as shall become due 
on the recovery thereof, the overplus, if any, 
to be returned to the owner or owners of such 
goods and chattels, his or her executors or ad- 
ministrators. 



237 



520 



POOR. 



Appeals 
from Justi- 
ces to the 
court of C. 
P. except &c. 



Whose deci- 
sion to be 
final. 



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



Overseers of 
the poo how 
they may 
plead. 



Judgmt. for 
them to re- 
cover double 
costs. 



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



238 



PRACTICE. 



521 



PRACTICE. 



AN ACT 

Giving Remedies in Equity in certain cases. 
Passed September 17, 1807. 



Sec. 1. In all causes brought before the 
General or Circuit courts, or before any court 
of Common Pleas, to recover the forfeiture 
annexed to any articles of agreement, covenant, 
or charter party, bond, obligation, or other 
specialty, or for forfeiture of real estate, upon 
condition, by deed of mortgage, or bargain 
and sale vv^ith defeazance, (when the forfeiture, 
breach, or non performance, shall be found by 
a jury, by the default, or the confession of 
the defendant, or upon demurrer) the court, 
before whom the action is, shall make up judg- 
ment therein for the plaintiff to recover so 
much as is due in equity and good consci- 
ence; and shall award execution for the same, 
by writ of Capias ad satisfaciendum. Fieri fa- 
cias, or other judicial writ, as the case may re- 
quire. 



Judgt. fee 
what is due 
in equity & 
good consci- 
ence. 



Execution to 
issue tliereoa. 



Q Q Q 



239 



522 



PRACTICE. 



AN ACT 

Regulating the Practice in the General Court, 
and Court of Common Pleas, and for other 



purposes. 



Passed Sept. 17, 1807. 



Appearance 
bail when re- 
quired. 



When pitff. 
may endorse 
bail. 



Sec. 1. Appearance bail shall be required in 
all actions of debt, or on the case, founded up- 
on any writing obligatory, bill, or note in wri- 
ting, for the payment of money, and in all ac- 
tions of covenant and detinue. And appear- 
ance bail shall also be required in all actions, 
where an affidavit shall be made and filed by 
the plaintiff, or any person in his behalf, of an 
existing debt, then due from the defendant to 
the plaintiff; which affidavit shall be made be- 
fore any judge or commissioner, authorised to 
take special bail; or any Justice of the Peace 
in this Territory, or if the plaintiff be out of 
the Territory, before any Judge of any court 
of Judicature, or notary public, of the state, 
kingdom or nation, in which he resides, or 
happens to be, and the sum specified in such 
affidavit, obligation, bill or note in writing shall 
be endorsed, on the writ or process by the 
plaintiff or his attorney, for which sum, so en- 
dorsed, the Sheriff or other officer, to whom 
such writ or process shall be directed, 
shall take bail and for no more; and if the par- 
ty making such affidavit, swear to the best of 
his knowledge or belief, the same to be deemed 
sufficient; Provided always. That any Judge 



240 



PRACTICE. 523 

of the general court, or justice of the common 
pleas, in actions of trespass, assault and batte- 
ry, trover and conversion, and in actions on 
the case, whereupon proper affidavit or affirma- 
tion, it shall appear to him proper that the de- 
fendant or defendants should give appearance 
bail, may, and he is hereby authorised, to di- 
rect such bail to be taken, by endorsement on 
the original v^^rit, or subsequent process, and 
the sheriff shall govern himself accordingly. 

Sections 2, 3, 4 and 5, are re 



*Sec. 6. The person taking such bail as a- 
foresaid, shall, if required at the same time, de- 
liver to the person or persons acknowledging 
the recognizance aforementioned, a bail piece, 
in the words and form following to wit: 

" county to wit: C D, of the county of 

aforesaid, is delivered to bail on a cepi 

corpus, unto E F, of the county aforesaid, at 

the suit of A B, the day of in 

the year " 

Sec. 7. No person shall be permitted to be 
special bail, in any action, unless he be a house- 
holder, and resident within this Territory and Bair to be a 
of sufficint property; if the writ or process is- 
sue out of the General court, or if it issue out 
of any court of Common Pleas, unless he be a 
householder of sufficient property and resi- 



househlder. 



* See. 5th section of the Act of 1813 to re 
gulate proceedings in civil cases ^c. 



241 



524 



PRACTICE. 



No civil offi- 
cer to be bail 



dent in the county in which such court is held ; 
and no counsellor or attorney at law, sheriff, 
under sheriff, bailiff, or other person concern- 
ed in the execution of process, shall be permit- 
ted to be special bail in any action. 
Sections 8, 9 ^ 10, are repealed. 



Pleas in a- 
batement to 
be sworn to. 



An non es 

lactam. 



Sec. 11. No plea in abatement shall be ad- 
mitted or received, unless the party offering 
the same, shall prove the truth thereof by oath 
or affirmation, as the case may require, and no 
plea of non est factum offered by the person 
charged as obligor, or grantor of a deed, shall 
be admitted or received unless the truth there- 
of shall in like manner be proved by oath or 
affirmation. 



By others 
than parties 
upon belief. 



Pleas in a- 
batement, o- 
ver ruled 
pItfF to reco 
ver costs. 



Sec. 12. And where any person, other than 
the obligor shall be defendant, such defendant 
shall prove by oath or affirmation that he or 
she verily believes, that the deed on which the 
action is founded, is not the deed of the per- 
son charged, as the obligor or grantor thereof, 
in which last mentioned case, the plea of non 
est factum, shall not be admitted or received, 
without such oath or affirmation, and where 
a plea in abatement shall upon argument be 
found insufficient, the plaintiff shall recover full 
costs, to the time of over ruling such plea, 
a lawyers fee excepted. 



Sec. 13. The plaintiff, in replevin, and the 
defendant in all other actions may plead as ma- 
ny several matters, whether of law or fact, as he 
shall think necessary for his defence. 



242 



PRACTICE. 



525 



Sec. 14. The clerk shall proportion the 
causes upon the docket, from the first day of 
the court to the *twentieth both inclusive, if 
in his opinion so many days will be expended 
in trying the causes ready for trial, and issue 
subpoenas for witnesses to attend the days, to 
which the causes stand for trial; he shall dock- 
et the causes in order as they are put to issue, 
and no cause shall be removed from its place, 
on the docket, unless where the plaintiff at the 
calling of the same, shall be unprepared for 
trial, in which case, and in no other, shall the 
cause be put at the end of the docket. 

Sec. 15. All actions of trespass quare clau- 
sum fregit, all actions of trespass, detinue, ac- 
tions sur trover, and replevin for taking away 
goods and chattels, all actions of account, and 
upon the case, other than such accounts as con- 
cern the trade of merchandize, between mer- 
chant and merchant, their factors or servants; 
all actions of debt grounded upon any lending 
or contract, without specialty; all actions of 
debt for arrearages of rent; all actions of 
assault, menace, battery, wounding and im- 
prisonment, or any of them which shall be su- 
ed or brought, shall be commenced and sued 
within the time and limitation hereafter ex- 
pressed, and not after; that is to say; the said 
actions upon the case, other than for slander, 
and the said actions for account, and the said 
actions for trespass, debt, detinue and re- 
plevin, for goods and chattels, and the said ac- 
tions of trespass quare clausum fregit, within 
five years next after the cause of such action or 
suit, and not after; and the said actions of 



Clk. to ap. 
portion and 
docket cause 



Causes not 
ready, where 
put. 



Limitation 
of actions. 



In case of 
debt. 



Trespass. 



* This is altered by act of 1814. 



243 



526 



PRACTICE. 



trespass, of assault, battery, wounding, impri- 
Slander. sonment, or any of them, within three years 

next after the cause of such action or suits, and 
not after; and the said action upon the case 
for words, within one year next after the words 
spoken, and not after. 



PItff. assign 
breaches. 



Jury to in- 
quire & assess 
damages. 



Judgt. rem- 
ain as seeuri- 

♦y. 



Set. fa. to 
Issue. 



Sec. 16. In all actions upon any bond, or 
any penal sum for non performance of coven- 
ants or agreements, in any indenture, deed or 
writing contained, the plaintiff or plaintiffs, 
may assign as many breaches, as he or they 
may think fit; and the jury upon the trial of 
such action or actions, shall and may assess 
damages for such of the breaches as the plaintiff 
shall prove to have been broken, and on such 
verdict, the like judgment shall be entered, as 
heretofore has usually been done; and where 
judgment on a demurrer, or by confession, or 
nihil dicit, shall be given for the plaintiff, he 
may assign as many breaches of the covenants 
or agreements, as he shall think fit; upon 
which a jury shall be summoned to enquire of 
the truth of every one of those breaches, and to 
assess the damage the plaintiff shall have sus- 
tained thereby, and execution shall issue for so 
much, and the judgment shall remain as a 
security to the plaintiff his executors and ad- 
ministrators, for any other breaches which may 
afterwards happen, and he or they may have a 
scire facias against the defendant, and assign 
any other breach and thereupon damages shall 
be assessed, and execution issue as aforesaid ; 
and in all actions which may be brought upon 
any bond or bonds for the payment of money, 
wherein the plaintiff shall recover, judgment 



244 



PRACTICE. 



527 



shall be entered for the penalty of such bond, 
to be discharged by the payment of the prin- 
cipal and interest due thereon and the costs of 
suit, and execution shall issue accordingly; or 
if before judgment, the defendant shall bring 
into court, the principal and interest due upon 
such bond, he shall be discharged, and in that 
case judgment shall be entered for the costs 
only. 



How iudgt. 
to be enter'd 



Money may 
be paid info 
court. 



And in any action of debt on single bill, or 
in debt, or scire facias upon a judgment, or in 
debt upon bond, if before action brought, the 
defendant hath paid the principal and interest 
due by the defeazance or condition, he may 
plead payment in bar. 



Deft, may 
plead paymt 



Sec. 17. If two or more dealing together, 
be indebted to each other, upon bonds, bills, 
bargains, promises, accounts or the like; and 
one of them commence an action in any court, 
if the defendant cannot gainsay the deed, bargain 
or assumption upon which he is sued; it shall 
be lawful for such defendant to plead payment 
of all, or part of the debt, or sum demanded, 
and give any bond, bill, receipt, account or 
bargain in evidence; and if it shall appear that 
the defendent hath fully paid or satisfied the 
debt, or sum demanded, the jury shall find for 
the defendant, and judgment shall be entered, 
that the plaintiff shall take nothing by his writ, 
and shall pay the costs. And if it shall appear 
that any part of the sum demanded, be paid, 
then so much as is found to be paid, shall be 
defalked, and the plaintiff shall have judgment 
for the residue only, with costs of suit; but if 



Special mat- 
fer in evid. 



Jury find for 
deft. 



For pItfF. 
when paid 



245 



528 



PRACTICE. 



Judgt. to be 
given thereon 
Sci. fa. to 
issue. 



it appear to the jury that the plaintiff is overpaid 
then they shall give in their verdict for the 
defendant, and withal certify to the court how 
much they find the plaintiff be indebted, or in 
arrears to the defendant, more than will answer 
the debt or sum demanded; and the sum or 
sums so certified, shall be recorded with the 
verdict, and shall be deemed as a debt of re- 
cord, and if the plaintiff refuses to pay the 
same, the defendant for the recovery thereof, 
shall have a scire facias against the plaintiff in 
the said action, and have execution for the 
same with the costs of that action. 



Wlien pitff. 
shall not re- 
cover costs. 



Sec. 18. Provided always. That in all cases 
where a tender shall be made, and full payment 
be offered, by discount or otherwise, in such 
specie as the party by contract or agreement 
ought to do; and the party to whom such 
tender shall be made, doth refuse the same; 
and yet afterward will sue for the debt or 
goods so tendered; the plaintiff shall not re- 
cover any costs in such suit. 



Interpretors 
o be sworn. 



Sec. 19. Interpreters may be sworn truly to 
interpret when necessary. 



Non suit. 



Sec. 20. Every person desirous of suffering 
a non suit on trial, shall be barred therefrom 
unless he do so before the jury retire from the 
bar. 



Sec. 21. Not more than two new trials shall 
New trials. be granted to the same party, in the same 

cause. 



246 



PRACTICE. 



529 



Sec. 22. Any instrument to which, the per- 
son making the same, shall affix a scrawl by 
way of seal, shall be adjudged and holden to 
be of the same force and obligation, as if it 
were actually sealed. 



Sec. 23. Where there are several counts, 
one of which is faulty, and entire damages are 
given, the verdict shall be good, but the de- 
fendant may apply to the court to instruct the 
jury to discharge such faulty count. 



In faulty 
counts, deft, 
may appeal 
to court. 



Sec. 24. No Negro, Mulatto or Indian shall 
be a witness except in pleas of the United 
States against Negroes, Mulattoes or Indians, 
or in civil pleas, where Negroes, Mulattoes or 
Indians alone shall be parties. 



No negro to 
be witness 
except &e. 



Sec. 25. Every person other than a Negro, 
of whose grand fathers or grand mothers, any 
one is, or shall have been a Negro, although 
all his other progenitors, except that descen- 
ding from a Negro, shall have been White 
persons, shall be deemed a Mulatto, and so ev- 
ery person who shall have one fourth part or 
more of Negro blood, shall in like manner be 
deemed a Mulatto. 



When deem- 
ed mulotto. 



Section 26, has been altered, it is not in 
force. 



Sec. 27. No judgment after a verdict of 
twelve men, shall be stayed or reversed for 
any defect, or default in the writ, original or 
judicial, or for a variance in the writ from the 



Amendment 
& {eofail. 



R R R 



247 



530 PRACTICE. 

declaration, or other proceedings, or for any 
mispleadings, insufficient pleadings, discontin- 
uance, misjoining of the issue, or lack of a 
warrant of attorney, or for the appearance of 
either party, being under the age of twenty- 
one years, by attorney, if the verdict be for 
him, and not to his prejudice, or for not alledg- 
ing any deed, letters testamentary, or commis- 
sion of administration to be brought into 
court, or for omission of the words, 'with 
force and arms,' or 'against the peace,' or for 
mistake of the christian name, or sirname of 
either party, sum of money, quantity of mer- 
chandize, day, month or year, in the declara- 
tion or pleading, (the name, sum, quantity or 
time, being right in any part of the record or 
proceeding) or for omission of the averment, 
'this he is ready to verify,' or 'this he is rea- 
day to verify by the record,' for not alledging 
'as appeareth by the record,* or for omitting 
the averment of any matter, without proving 
which, the jury ought not to have given such 
verdict, or for not alledging that the suit or 
action, is within the jurisdiction of the court, 
or for any informality in the entering up the 
judgment by the clerk; neither shall any 
judgment entered upon confession or by nil 
dicit, or non sum informatus, be reversed, nor 
a judgment after enquiry of damages, be stay- 
ed or reversed ; for any omission or fault, 
which would not have been a good cause to 
stay or reverse the judgment, if there had 
been a verdict. 

Sec. 28. When a demurrer shall be joined 
in any action, the court shall not regard any 
other defect or imperfection in the writ, re- 

248 



PRACTICE. 



531 



turn, declaration or pleading, than what shall 
be specially alledged in the demurrer as caus- 
es thereof, unless something so essential to 
the action or defence as that judgment accor- 
ding to law and the very right of the cause 
cannot be given, shall be omitted, and for pre- 
vention of delay by arresting judgment and 
vexatious appeals, the several acts of parliament, 
commonly called the statute of Jeofails, which 
were in force and use in England, on the se- 
venth day of February one thousand seven 
hundred and fifty two, shall be, and are hereby 
declared to be, for so much thereof as relates to 
mispleading, jeofail and amendment, in full 
force in this territory. 



7 Feb. 1752. 



Sec. 29. Papers read in evidence, though Jury take 
not under seal, may be carried from the bar by P*"?®"* 
the jury. 

Sec. 30. After an issue joined in an eject- After Issue 
... • f f loined no ex 

ment on the title only, no exception of form ceptlon. 

or substance, shall be taken to the declaration, 

in any court whatsoever. 



Sec. 31. If in detinue, the verdict shall o- 
mit price or value, the court may at any time 
award a writ of enquiry, to ascertain the same. 
If on an issue concerning several things, in 
one count, in detinue, no verdict be found for 
part of them, it shall not be error, but the plain- 
tiff shall be barred of his title to the things o- 
mitted. 



Part omitted 
barred. 



Sec. 32. A judgment on confession shall be 
equal to a release of errors. 



Judgt consd' 
release err's 



249 



532 



PRACTICE. 



Battery and 
slander, no 
costs in cer 
tain cases. 



Trespass vi 
et armis. 



Sec. 33. In all actions of assault and battery, 
and slander, commenced and prosecuted in 
the General court, if the jury find under twenty 
dollars; and in the like actions commenced 
and prosecuted in any county court, if the jury 
find under six dollars and sixty-six cents, the 
plaintiff in either case shall not recover any 
costs; and in actions of trespass vi et armis, 
instituted in any court of record within the 
territory, if the plaintiff shall recover a sum 
less than five dollars, he shall be allowed to re- 
cover two thirds of the costs given by law in 
such suit, and no more. 



Section 34, is not in force. 



Judge to in- 
spect record. 



Sec. 35. The General court shall annually 
appoint one of the judges thereof to inspect the 
clerk's office of said court, and to report to the 
next session of the said court, the condition in 
which he shall find the papers and records 
which report shall be recorded. 



Section 36, is not in force. 

Sec. 37. Execution shall be issued from 
the General court according to law. 



C. g. c. to di 
rect forms. 



Sec. 38. The General court shall have pow- 
er to direct the writs, summonses, process, 
forms and modes of proceedings to be issued, 
observed and pursued by the said General 
court. 



Sec. 39. In appeals and writs of error, the 
following rules shall be observed: 



250 



PRACTICE. 



533 



No appeal shall be granted from the judg- 
ment, or decree of an inferior court, to the 
General court, unless such judgment or decree 
be final; and amount, exclusive of costs, to 
fifty dollars, or relate to a franchise or freehold. 



When no ap 
peal fr m in- 
iferior to su- 
perior court. 



Every appeal shall be prayed at the time of Appeal when 



rendering the judgment, sentence or decree. 



prayed for. 



The person appealing shall, by himself or 
a responsible person on his behalf, in the office 
of the clerk of the court from whence the ap- 
peal is prayed, give bond and sufficient securi- 
ty to be approved by the court, and within a 
time to be fixed by the court, to the appellee 
for the due prosecution of the appeal ; the pen- 
alty of the said bond shall be in a reasonable 
sum, in the discretion of the court. 



Appellant to 
give bond. 



It shall be the duty of the appellant to lodge 
an authenticated copy of the record in the clerks 
office of the General court before the expiration 
of the next succeeding term thereof: Provided, 
There be thirty days between the time of ma- 
king such appeal, and the commencement of 
said term: and if there be not thirty days be- 
tween the making of the appeal, and the sitting 
of the first term of the General court, then the 
record shall be lodged as aforesaid, at or before 
the commencement of the second term of said 
court, or else it shall stand dismissed, unless 
further time shall be granted by the court, be 
fore the end of the term, to which the same shall 
have been returned. 



When record 
to be lodged 
in office. 



If the judgment or decree be affirmed in ^L'**''m*'»** 
the whole, the appellant shall pay to the appel- 



251 



534 



PRACTICE. 



lee, a sum not exceeding ten per centum at 
the discretion of the court, on the sum due 
thereby, besides the costs upon the original 
suit and appeal. 



Judgt. rever- 
sed appellant 
pay costs 



If the judgment, or decree, shall be reversed 
in the whole, the appellee shall pay to the ap- 
pellant, such costs as the court, in their discre- 
tion may award. 



Reversed & 
affirmed in 
part c. to ap 
portion costs 



Ct may issue 
exon. or re- 
mand cause. 



Writ of er- 
ror not a su- 
persedeas un 
less &c. 



Where the judgment or decree, shall be re- 
versed in part, and affirmed in part the costs of 
the original suit and appeal, shall be apportion- 
ed between the appellant and appellee, in the 
discretion of the court. 

The General court, shall, in case of a par- 
tial reversal, give such judgment or decree, as 
the inferior court ought to have given. 

On appeals or writs of error, it shall be law- 
ful for the General court, to issue execution, 
or remit the cause to the inferior court, in order 
that an execution may be there issued, or that 
other proceedings may be had thereupon. 

No writ of error shall be a supersedeas, 
unless the General court, or some Judge thereof 
in vacation (as the case may be) after inspec- 
ting a copy of the record, shall order the same 
to be made a supersedeas, in which case, the 
clerk issuing the said writ, shall endorse on the 
said writ of error, "that it shall be a superse- 
deas, and it shall be obeyed as such according- 
ly;" and it shall also be necessary before a 
writ of error shall operate as a supersedeas, 
that bond, to be approved by the clerk of the 



252 



PRACTICE. 



535 



court issuing the said writ, shall be given in the 
same manner, and under the like penalty as in 
cases of appeals. 



And the plaintiff in error, shall lodge an 
authenticated copy of the record, under the 
same regulations, and the parties in error shall 
be subject to the same judgment and mode of 
execution as is already directed in the case of 
appeals. 



Plaintiff to 
fife record. 



A writ of error shall not be brought after the 
expiration of five years from the passing of the 
judgment complained of; but where a person 
thinking himself aggrieved by any decree or 
judgment which may be reversed in the Gen- 
eral court, shall be an infant, femme covert, non 
compos mentis or imprisoned when the same 
was passed, the time of such disability, shall 
be excluded from the computation of the said 
five years. 



No writ of 
error after 5 
years unless 
&c. 



Whenever the said General court shall be 
divided in opinion, on hearing any appeal or 
writ of error, the judgment or decree appealed 
from shall be affirmed. 



On division 
of court. 



Sec. 40. The Clerk of the General court 
shall carefully preserve the transcript of records 
certified to his court, with the bonds for prose- 
cution, and all papers relating to them, and 
other suits depending therein, docketing them 
in the order he receives them, that they may be 
heard in the same course; unless the court for 
good cause to them shewn direct any to be 
heard in the same course; unless the court for 
every day during the term, shall be drawn at 



Clk. to pre- 
serve records 



253 



536 



PRACTICE. 



Draw up pro 
ceedings o 
be signed by 
fudge. 



Make com 
plete record 



Process in 
name of die. 



Crts. of C. P. 
to grant de. 
dimus's 



Party to give 
notice. 



full length by the clerk, against the next sitting 
of the court, and such corrections as are neces- 
sary, being made therein, they shall be signed 
by the presiding Judge; when any cause shall 
be finally determined, the clerk shall make a 
complete record thereof; and all writs, pro- 
cesses and summonses, issuing from the 
general court, shall be signed by the clerk of 
the same, shall bear teste in his name, and be 
dated on the days, on which they issue. 

Sec. 41. For good cause the general court 
and courts of Common Pleas, or any judge 
thereof may grant commissions for the examin- 
ation of witnesses ; and the Clerks of the said 
courts, when any witness is about to depart 
from the said territory, or shall by age sickness 
or otherwise, be unable to attend the court, or 
where the claim or defence of any party, or a 
material part thereof, shall depend on a single 
witness, may upon affidavit thereof, issue a 
commission for taking the deposition of such 
witness, "de bene esse" to be read as evidence 
at the trial in case the witness be then unable 
to attend; but the party obtaining such com- 
mission shall give reasonable notice to the 
other party, of the time and place of taking the 
deposition. 



One or more 
deftf. in tlie 
same process 
& officer can 
not find part 
he shall take 
those he can 
find & make 
a special re 
turn thereof. 



Sec. 42. If any plaintiff or plaintiffs, shall 
sue out any writ of capias ad respondendum or 
summons against two or more defendants, direc- 
ted to the Sheriff or Coroner of the proper 
county, or to elisors, as the case may require; 
and the said Sheriff, Coronor or elisors, cannot 
find each of the defendants named in the said 
writ of capias ad respondendum, or summons 



254 



PRACTICE. 



537 



within his or their bailiwick, it shall be the 
duty of the said Sheriff, Coroner, or elisors, to 
serve the said capias or summons, on as many 
of the said defendants as may be found in his 
or their bailiwick, either by taking their bodies 
or by delivering to them copies of such pro- 
cess, as the case may require; and the said 
sheriff, coroner, or elisors, shall make return 
of such process, by endorsing thereon "cepi 
corpus," as to the defendant or "cepi corpora" 
as to the defendants, on whom the same hath 
been served, in manner aforesaid, and by also 
endorsing thereon, "non est inventus," as to the 
defendant, or "non sunt inventi," as to the de- 
fendants, who are not to be found in his or their 
bailiwick. 

Sec. 43. After the capias or summons hath 
been served and returned as aforesaid, the 
plaintiff or plaintiffs may file a declaration 
against the defendant or defendants, on whom 
such service hath been made, (suggesting 
therein the return endorsed on the said process, 
as to the said defendant or defendants on 
whom the same hath not been served,) and may 
proceed to judgment against the said defen- 
dants according to the custom and practice of 
the courts; and after such judgment hath been 
obtained, the plaintiff or plaintiffs, may by a 
writ or writs of scire facias cause the defendant 
or defendants, on whom such process hath not 
been served, to be made parties to the said 
judgment; unless such defendant or defendants 
shew good and sufficient cause, why such 
judgment should not be entered against him, 
her or them, and the defendant or defendants, 
made parties to the judgment as aforesaid 
S s s 



PIff. may de- 
clare special- 
ly and obtain 
i dgment. 



255 



538 



PRACTICE. 



shall be subject to the same final process, as 
though he, she or they had been duly served 
with mesne process, and had thereupon ap- 
peared and received a declaration and made 
defence, or suffered a default. 



AN ACT 



To Regulate Proceedings in civil cases and for 
other purposes. 

Passed December 9th 1813. 



PItfF. to file 
declaration 
before writ 
issues. 



Copy to be 
attached to 
declaration 



Cik. to en- 
dorse on de- 
claration the 
writ. 



Sec. 1, Be it enacted by the Legislative 
Council and House of Representatives of the 
Illinois Territory, That it shall be the duty 
of every person suing out a writ to file by him- 
self or agent with the clerk of the proper court 
a declaration or petition to the court or other 
statement in writing, containing the true na- 
ture of his, her, or their demand or complaint, 
and if upon any instrument of writing or ac- 
count such declaration, petition, or statement, 
shall be accompanied with a copy of such writing 
or account, whereupon the clerk of the court 
shall endorse on such declaration, petition or 
statement or attach thereto an order to the 
sheriff in the nature of a summons if bail be 



256 



PRACTICE. 



539 



not required or a capias if bail be required, 
which said summons or capias shall be return- 
able to the next succeeding court if there be 
fifteen days between the date thereof and the 
court, otherwise the said clerk shall make the 
said summons or capias returnable to the se- 
cond court after the date thereof. 



when return- 
able. 



Sec. 2. It shall be the duty of the sheriff 
to execute each writ on the defendant fifteen 
days before the term to which it is made return- 
able, by reading the declaration and summons 
to the defendant if the defendant does not re- 
fuse to hear, but if the defendant refuse to hear 
him read them it shall be the duty of the she- 
riff to inform him of the contents of the sum- 
mons — If upon a capias the sheriff shall take 
the defendant into custody, and read to him 
the declaration and capias. In all cases upon 
summons and capiases it shall be the duty of 
the sheriff if required to deliver to the defendant 
a copy of the declaration and sommons, or ca- 
pias, upon the defendant's paying him for co- 
pying the same, at the rate of fifteen cents for 
each hundred words. 



when execu- 
ted. 



Summons, 
how exeeut'd 



Capias, how 
executed. 



Sec. 3. It shall be the duty of the sheriff, to 
whom such writ of capias ad respondendum 
may be directed, to take the body of the de- 
fendant, or defendants & commit him or them to the 
common jail of the county or to take a bond to 
himself from the defendant with sufficient surety 
or sureties conditioned that the defendant or defen- 
dants (as the case may be) if judgment be given 
against him or them, shall pay and satisfy the 
costs and condemnation of the court or sur- 
ender his, her, or their body or bodies in ex- 



ShfF. take spe 
cial bail. 



257 



540 



PRACTICE. 



Return bail 
bond. 



Insufficient 
bail. 



Wlien excep 
tion to bail 
must be 
made. 



No person 
held to bail 
out of his CO. 
except &c. 



How dischd. 



Suit not dis- 
m ssed Ifiere* 
by. 



ecution for the same or that the surety or sure- 
ties will do it for him or them, which bond the 
sheriff shall return together with the writ on 
the first day of the term to which the writ is 
returnable: And if the sheriff does not return 
a bail bond, or the bail returned be adjudged 
insufficient by the court, and the defendant or 
defendants shall fail to perfect, his, her, or their 
bail instanter, if ruled to perfect bail, the she- 
riff shall be made a Co-defendant and 
be entitled to the same rights, and liable to the 
same judgment that he would have been if he 
had been made defendant by the writ: Pro- 
vided, That all questions concerning the suffi- 
ciency of bail shall be made and determined at 
the court to which the writ is returnable: And 
provided also. That in civil cases no person 
shall be held to bail in a county in which he 
does not reside if he be a resident of the terri- 
tory — And if any such person shall be arres- 
ted and imprisoned or held to bail in a civil 
cause, he, she, or they may be discharged from 
his, her, or their arrest or imprisonment or bail, 
upon habeas corpus issued by a Judge of the 
General court, or court of Common Pleas un- 
less the plaintiff can show to the Judge that 
the debt was contracted to be paid in the coun- 
ty where the arrest is made, or that the defen- 
dant or defendants are removing from the ter- 
ritory; in case he, she, or they, be discharg- 
ed by the Judge as aforesaid, the suit shall pro- 
gress in the same manner as if bail was not 
required. 



Sheriffs re 
medy against 
bail. 



Sec. 4. In all cases where the bail shall be 
adjudged insufficient and judgment shall be 
obtained against the sheriff, he shall have the 



258 



PRACTICE. 541 

same remedy against the estate of the bail as 
against the estate of the defendant. 

Sec. 5. Persons who may hereafter become Bail may sur 
bound in a bail bond as aforesaid may surren- g^pof, 
der the defendant or defendants in the same 
manner as by law the special bail heretofore 
had a right to do. If the bail wishes to sur- 
render the defendant before the return of the 
writ, he may apply to the sheriff for a bail Of whom to 
piece who is hereby authorised and required to piece. 
grant the same upon the application of the bail 
or his agent, and after the return of the writ 
it shall be the duty of the clerk of the court 
into which the writ is return'd to grant a bail 
piece upon the application of the bail or his 
agent whenever applied for, which bail piece Force of bail 
so as aforesaid granted whether by the sheriff P'*^®- 
or clerk shall be a sufficient authority to the 
bail to arrest the defendant and surrender him 
in custody in discharge of his recognizance. 

Sec. 6. It shall be the duty of the defen- 
dant or defendants to file his or their plea on When plea 
or before the end of the third day of the term 
to which the writ is returnable and if any part 
of the pleadings are adjudged bad, immaterial 
or insufficient the party shall be required to 
plead to the merits instanter — If the defendant 

fails to file his plea as aforesaid the plaintiff If deft, does 

, ^, 1 ] L not file his 

may on the fourth or any subsequent day ot p,gQ |„ ^j^e 

the term or any other term sign judgment on what. 

the records of the court for want of a plea and 

take out a writ of enquiry to the * next suc- 



* Que. Is not this repealed by act of 1814 
which directs the cause to be tried at the term 
to which the writ is returnable? 



259 



542 



PRACTICE. 



Court may 
calculate, 
interest & 
render judg 
ment. 



ceeding term in all cases where the damages 
claimed are unliquidated — but in all cases 
where the demand is liquidated and reduced to 
writing for the payment of money the court 
shall at the first term upon a judgment by de- 
fault calculate the interest and confirm the 
judgment for the principal and interest really 
due and execution may issue thereon as on 
other judgments. 



Section 7. Repealed. 



Notes of 
hand &c. to 
be denied on 
oatli. 



Oyer de- 
mandable. 



Sec. 8. Whenever any suit shall be brought 
in any court of this territory founded on any 
writing signed by the defendant or having his 
name thereunto signed whether the same be 
under seal or not the defendant shall not be 
permitted to deny the execution thereof unless 
he does it on oath accompanying his plea — 
And if the defendant fails to deny it on oath in 
manner aforesaid, the said instrument of writing 
shall be received by the court and given in 
evidence & be competent to prove the debt or 
duty for which it may appear to have been 
given — And the defendant shall be entitled to 
have oyer of all instruments of writing wheth- 
er under seal or not upon which the plaintiff 
declares in his declaration. 



Arrest of 
judgment. 



Sec. 9. Where a judgment is arrested the 
plaintiff shall not be obliged to bring a new 
suit, Provided the first declaration and writ be 
sufficient, but the court may order new plea- 
dings, to commence where the error causing 
the arrest began — and when a judgment is ar- 
rested the party committing the error shall pa} 
the costs occasioned thereby. 



260 



PRACTICE. 



543 



Sec. 10. No court of common pleas shall 
have original jurisdiction of any suit cogniza- 
ble by a justice of the peace in this territory. 



Jurisdiction 
of com. pleas 



Sec. 11. No plaintiff shall suffer a nonsuit 
after the jury have retired from the bar to make Nonsuit. 
up their verdict. 



AN ACT 

To amend an act entitled "An act to regulate 
proceedings in civil cases and for other pur- 
poses. 



Passed December 24th 1814. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives and it is 
hereby enacted by the authority of the same. 
That so much of the act, "entitled an act to 
regulate proceedings in civil case and for other 
purposes" as permits either party to continue 
the suit at the first court, without showing 
cause, shall be and the same is hereby repealed 
and all causes shall be tried at the first court, un- 
less good cause shall be showed for a contin- 
uance. 



Suits to be 
tried at the 
first term. 



Sec. 2. The clerks in making out the court 
dockets shall arrange and apportion the suits at 



261 



544 



PRACTICE. 



Clerk to ap 
portion the 
suits putting 
the chancery 
causes cost. 



law as heretofore, but shall put all the chance- 
ry causes at the end of the common law issues, 
in the order they were set for hearing; and the 
courts shall proceed to take up the business in 
order, as it stands upon the docket, and go 
throgh the same. Provided always that any 
chancery cause may be taken up by consent 
of parties, when the court may have leisure to 
hear the same, any law, custom or usage to the 
contrary notwithstanding. 



Motion for 
continuance. 



Proviso. 



Sec. 3. That in every motion for the con- 
tinuance of a cause founded upon the absence 
of a witness or witnesses the party making the 
same shall exhibit and file a written affidavit, 
in which he or she shall distinctly set forth 
what he or she expects to prove by said absent 
witness or witnesses, and if the court should 
not think the facts so set forth in such affidavit 
material or relevant to the point in issue or 
if the adverse party will admit the same, the 
cause shall not be continued upon the grounds 
or for the causes set forth in said affidavit, Pro- 
vided always that nothing herein shall be con- 
strued to dispense with the duty of any party 
to have used due dilinqence in procuring his 
or her testimonv. 



262 



PRACTICE. 



545 



AN ACT 

Concerning certioraries. 

Passed Dec. 19, 1814. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives and it is 
hereby enacted by the authority of the same; 
That no writ of certiorari shall hereafter be 
to remove the proceedings had in any civil 
cause before any single Justice of the Peace in 
this Territory. And all such causes novs^ pen- 
ding on any v^^rit of certiorari in any Court of 
this Territory should the proceedings, and 
judgment of said justice therein be reversed, 
for errors therein, then the party in whose fa- 
vour the judgment before the Justice of the 
Peace was given, shall pay the costs of the re- 
moval, and also, of the reversal of said judg- 
ment, ; and the said Court that shall or may 
reverse said judgment shall at the same term 
of the reversal, order an issue on the merits of 
said cause to be made up instanter, and the 
case shall then proceed as other cases to final 
judgment an execution. 

Sec. 2. Be it further enactedj That on all 
judgments that have been or may be rendered 
by Justices of the Peace, the party, against 
whom such judgment shall be rendered, may 
appeal therefrom at any time within thirty days 
after the rendition of such judgment, any law 
to the contrary notwithstanding. 

T T T 



No certiora 
ri to remove 
the judgt. of 
a Justice of 
the Peace. 



Appeal a\ 
lowed 



263 



546 



PRACTICE. 



In addition to an act, entitled "An act regula- 
ting the Practice in the General Court, and 
Courts of Common Pleas, and for other 
purposes." 

Passed October 25th 1808. 



Suits not to 
be removed 
from inferior 
to superior 
court after 
issue joined. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives, and it is 
hereby enacted by the authority of the same, 
That no suit, action, or plaint now depending, 
or which may hereafter be brought in any in- 
ferior court of record in this territory, shall be 
removed by an habeas corpus, or certiorari, to 
the Genaeral court, or other superior court, 
after issue joined, in the court in which the 
said cause was commenced ; any law, usage or 
custom to the contrary thereof in any wise not- 
withstanding. 



Sections 2, 3, & 4. are not in force. 



No declare* 
Hon necessa- 
ry on sci fa. 
to revive or 
foreclose 



Sec. 5. Be it further enacted, That 
no declaration shall hereafter be considered 
deemed or taken as necessary to be filed in 
any scire facias, to revive a judgment, or 
foreclose a mortgage, in any court of record in 
this territory, any law, usage or custom to the 
contrary in any wise notwithstanding. 



264 



PRACTICE. 547 

AN ACT 

Supplemental to an act, entitled "An Act reg- 
ulating the Practice in the General Court, 
and Courts of Common Pleas and for other 
purposes. 

Passed Oct. 22, 1808. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives, and it is Non reside 
hereby enacted by the authority of the same, jgJJ'^egp*! 
That no suit shall hereafter be commenced in for costs. 
any court in this territory, by any person who 
is non-resident, or who is not a freeholder in 
said territory, until he shall file in the Clerk's 
office, a bond with security, who shall be a free- 
holder, and resident in the territory, condi- 
itoned for the payment of all costs that may 
accrue in consequence thereof, either to the 
opposite party, or to any of the officers of such 
courts; which bond shall be in the form or to 
the purport following. 

" County,) Form of 

T t ysct. bend. 

In the court/ 

A.B. 

vs 
CD. 



Note, the first section of this law is in effect 
repealed by act of 1812, that act refers to and 
recognises the form of the bond. 



265 



548 



PRACTICE. 



I do hereby enter myself security for costs 
in the above cause, agreeably to the laws of 
the territory, the day of ." 



Clerk may 
issue fee bills 
and sherifF 
shall collect. 



Sec. 2. And be it further enacted. That in 
all cases where security for costs hereafter shall 
be entered, it shall be lawful for the Clerk to 
issue fee bills against such security for costs, 
in the same manner and at the same time, as 
fee bills are by the laws of the territory direc- 
ted to be issued: and it shall be the duty of 
the Sheriff to levy, collect, and receive, and pay 
over the amount of such fee bills at the seve- 
ral times, and in the manner in the said laws 
mentioned, under the pains and penalties in 
the same laws also mentioned. 



This act to be in force from the passage 
thereof. 



266 



PRACTICE. 



549 



AN ACT 

Supplemental to an act regulating the 
practice of the General Court and common 
Pleas and for other purposes. 

Passed Dec. 25, 1812. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives and it 
is hereby enacted by the authority of the same. 
That no suit shall hereafter be commenced in 
this territory by any person who is a non-resi- 
dent or not a free holder therein until he shall 
file in the clerks ofHce a bond -whh sufficient 
security, who shall be a house holder and 
resident of the territory or free holder therein 
conditioned for the payment of all costs that 
may accrue in consequence thereof either to 
the opposite party or to the officers of such 
courts vrhich bond shall be in the form or to 
the purport as are set fourth in the lavv^s of the 
territory now in force. 



Non resi- 
dents to give 
surity for 
costs 



Sections 2 & Z, are not in force, 
took effect January ZXst, 1813. 



This act 



267 



550 



PRACTICE. 

AN ACT 



Concerning Frauds. 

Passed Dec. 25, 1812. 



An action on 
the case may 
be brought 
for fraud 



PIff may file 
interroga- 
tive. 



Defendant 
may file in 
terrogatories 
in case of 
fraud 



Sec. 1. Be it enacted by the Legislative Coun- 
cil, & House of Representatives, & it is hereby 
enacted by the authority aforesaid, That an 
action on the case may be brought for any 
fraud whatsoever, that the plaintiff in any such 
suit at the time of filing his or her declaration 
may file written interrogatories which it shall 
be the duty of the defendant to answer in 
writing which shall be filed at the time he or 
she files his or her plea. 

Sec. 2. Be it further enacted by the author- 
ity aforesaid. That the defendant in all cases 
wherein he may suggest fraud in the demand 
of the plaintiff, shall have a right to file writ- 
ten interrogatories which the plaintiff shall an- 
swer in writing, and file at the time he may be 
required to file his replication or one month 
after issue joined, if no replication shall be 
necessary. 



Failing to or 
answering 
evasively a 
contempt 



Sec. 3. Be it further enacted, That every 
answer shall be full and specific to all and eve- 
ry interrogatory that may be exhibited ; failing 
to answer, or answering evasively shall be 
considered as an acknowledgment of the fact 
required to be answered, and also a contempt 
to the court; every person answering interroga- 
tories exhibited shall swear that his her or 



268 



PRACTICE. 



551 



their answer contains the truth, and nothing 
but the truth to the best of their knowledge, 
and if he she or they shall swear falsely there- 
in, he she or they so offending shall be deemed 
guilty of perjury. 



Swearing 
falsly deemed 
perjury 



Sec. 4. Be it further enacted by the author- 
ity aforesaid, That all interrogatories and an- 
swers required to be filed by this act shall be 
laid before the jury at the trial, who shall be 
judges of the truth of the allegations they con- 
tain, or the facts they suggest, and if they 
find from the answer of the plaintiff in any 
case that fraud has taken place they may make 
such deductions from his demand as they may 
think right and in all cases when it shall appear 
that fraud has been practised on the plaintiff, 
they shall allow him such damages as they may 
think just and right. 



Answers & 
interrogato 
ries to be 
laid before 
jury who 
may malce 
deductions 
for defendant 
& allowing 
plaintifF dam 
ages 



Sec. 5. Be it enacted by the authority afore- 
said. That this act shall be considered a reme- 
dial one to all intents and purposes whatever, 
and that it shall be and continue to be in force 
from and after the passage thereof. 



This law a 
remidial one 



269 



552 



PRACTICE. 

AN ACT 



Concerning Debtors and their Securities, and 
to empower Securities to recover damages 
in a summary way. 

Passed Sept. 17, 1807. 



Securities ap 
prehensive of 
insolvency or 
absconding 
of principal 



If debt due 
notify credit 



Sec. 1. When any person or persons shall 
hereafter become bound as security or securi- 
ties, by bond, bill or note, for the payment of 
money or other property, shall apprehend that 
his or their principal debtor or debtors, is or 
are likely to become insolvent, or to migrate 
from this Territory without previously dis- 
charging such bond, bill or note, so that it will 
be impossible or extremely difKcult for such 
security or securities, after being compelled 
to pay the money or other property, due by 
such bond, bill or note, to recover the same 
back from such principal debtor or debtors 
it shall and may be lawful for such security 
or securities in every such case, provided an 
action shall have accrued on such bond, bill or 
note, to require by notice in writing, of his, 
her or their creditor or creditors, or his or 
their assignee, forthwith to put the bond, bill 
or note by which he, she or they may be bound 
as security or securities as aforesaid in suit; 
and unless such creditor or creditors, or as- 
signee so required to put such bond, bill or 
note in suit, shall in a reasonable time com- 
mence an action on such bond, bill or note, 
and proceed with due diligence in the ordina- 
ry course of law to recover a judgment for. 



270 



PRACTICE. 



553 



and by execution to make the amount due by 
such bond, bill or note. The creditor or cred- 
itors, or assignee, so failing to comply with 
the requisitions of such security or securities, 
shall thereby forfeit the right which he or they 
otherwise have to demand and receive of such 
security or securities, the amount which may 
be due by such bond, bill or note. 

Sec. 2. Any security or securities, or in 
case of his, her or their death, then his or their 
heirs executors or administrators may in like 
manner, and for the same cause make such re- 
quisitions of the executors, or administrators 
or assignee of the creditor or creditors of such 
security or securities as it is herein before en- 
acted may be made by a security or securi- 
ties of his or their creditor or creditors, and 
in case of failure of the executors or adminis- 
trators so to proceed, such requisition as afore- 
said, being duly made, the security or securi- 
ties, his, or their executors or administrators 
making the same, shall have the same relief, 
that is herein before provided for a security 
or securities, when his or their creditors shall 
be guilty of a similar failure. 

Sec. 3. Provided always. That nothing in 
this act contained, shall be so construed as to 
affect bonds with collateral conditions, or the 
bonds which may be entered into by guardi- 
ans, executors, administrators or public of- 
ficers. 

Sec. 4. And provided also. That the rights 
and remedies of any creditor or creditors 

U u u 



Failing to 
prosecute &e. 



No recourse 
on security. 



Securities or 
reprtvs. may 
proceed in 
regard to tlie 
representa 
tives of cre- 
ditor. 



The rigltts & 
re of 

principal not 
off d by 
this act. 



271 



554 



PRACTICE. 



against any principal debtor or debtors shall be 
in no wise affected by this act, any thing here- 
in to the contrary, or seeming to the contrary 
notwithstanding. 



Securities ha 
ving paid 
money &c. 



May obtain 
judgt. by 
motion. 



Sec, 5. In all cases where Judgment hath 
been, or shall hereafter be entered up in any of 
the courts of record within this territory, against 
any person or persons as security or securities, 
their heirs executors or administrators, upon 
any note, bill, bond or obligation, and the 
amount of such judgment or any part thereof 
hath been paid or discharged by such security 
or securities, his her or their heirs, executors 
or administrators, it shall and may be lawful 
for such security, or securities, his, her or 
their heirs executors or administrators to obtain 
judgment by motion, against such principal, 
obligor or obligors, his, her, or their heirs, ex- 
exutors or administrators for the full amount of 
what shall have been paid with interest, by the 
security or securities, his, her or their heirs, 
executors or administrators, in any court 
where such judgment may have been entered 
up against such security, or securities, his, her 
or their heirs, executors or administrators. 



Joint securi- 
ties in cases 
of insolvency 
of principal. 



Sec. 6. Where the principal obligor or obli- 
gors, have or shall hereafter become insolvent, 
and there have been, or shall be two or more 
securities, jointly bound with the said principal 
obligor or obligors, in any bond, bill, note, or 
other obligation, for the payment of money, or 
other things, and judgment hath been or here- 
after shall be obtained, against one or more of 
such securities; it shall and may be lawful for 



272 



PRACTICE. 



555 



the court, before whom such judgment was, or 
shall be obtained upon the motion of the party 
or parties, against whom judgment hath been 
entered up as securities as aforesaid, to grant 
judgment and award execution against all and 
every of the obligors and their legal representa- 
tives, for their and each of their respective 
shares and proportions of the said debt, with 
the damages and costs of the former suit. 

Sec. 7. No security or securities, his, her 
or their heirs executors or administrators shall 
be suffered to confess judgment, or suffer 
judgment to go by default, so as to distress 
his, her or their principal or principals, if such 
principal or principals, will enter him her or 
themselves a defendant or defendants to the 
suit,- and tender to the said security or securi- 
ties, his, her or their heirs executors or ad- 
ministrators, other good and sufficient collate- 
ral security to be approved of by the court, be- 
fore whom the suit shall be depending. 

Sec. 8. In all cases where judgment hath 
been or hereafter shall be entered up in any of 
the courts of record in this territory, against 
any person as appearance or special bail for the 
appearance of another, to defend any suit de- 
pending in such court, and the amount of such 
judgment, or any part thereof, hath been paid 
or discharged by such bail, his, her, or their 
heirs, executors or administrators; it shall and 
may be lawful for such bail, his, her, or their 
heirs, executors or administrators, to obtain 
judgment by motion against the person or 
persons, for whose appearance they were bound, 
his, her, or their heirs, executors or adminis- 



By direction 
of court. 



Shall pay 
qually. 



Securities 
shall not con- 
fess or suffer 
judgt. by de- 
f u t if prin- 
cipal will en- 
ter deft. &e. 



Bail having 
paid mone ° 
may have 
judgt. there 
for. 



Against p 
cipal &c. 



273 



556 Prison t^ Prison Bounds. 

trators, for the full amount of what may have 
been paid by the said bail, his, her, or their 
In the pro- heirs, executors or administrators, together 

with interest and costs, in any court where 
judgment may have been entered up against 
such appearance or special bail. 

Sec. 9. Provided always. That no judg- 

Party to be ment shall be obtained by motion in any of 

the applica- *^^ cases aforesaid, unless the party or parties, 

♦5on« against whom the same is prayed, shall have 

ten days previous notice thereof. 



PRISON y PRISON BOUNDS. 



AN ACT 



Regulating Prisons, and Prison bounds. 

Passed September 17, 1807. 

Sec. 1. The several courts of Common 
Pleas within this Territory, shall lay off and 



274 



Prison ^ Prison Bounds. 



557 



assign by metes and bounds, around and ad- 
joining each county jail, a certain and determi- 
nate space of land, to be termed prison bounds: 
Provided, That such prison bounds in no in- 
stance, extend in any direction from said jail 
more than two hundred yards, which prison 
bounds when fixed and assigned, shall be 
recorded amongst the public records of said 
courts, a copy of which shall be delivered to the 
jailor, to be by him fixed up in some conspic- 
uous place in the debtors room, for the gov- 
ernment of such of them, as shall be entitled 
to the benefit of such prison bounds. 

Sec. 2. Any person imprisoned for debt 
either upon mesne process or an execution, 
shall be permitted and allowed, e priviledge 
and benefit of the prison bounds, but in no 
instance to pass over or without said limits: 
Provided, That such prisoner before he shall 
be entitled to such privilege, shall give bond 
with sufficient surety or sureties, living within 
the county, to the creditor or creditors, in dou- 
ble the sum for which such prisoner stands 
committed, conditioned, that from the execu- 
ting such bond he or she will continue a true 
prisoner, in the custody of the jailer, or prison 
keeper, and within the limits of the said prison 
bounds, until discharged by law, without 
committing any manner of escape; and in 
order to prevent any oppression under pretence 
of the surety or sureties being insufficient, two 
disinterested Justices of the Peace for said 
county, shall be called to approve of the sure- 
ty or surities, and the same being approved of 
by them shall be deemed sufficient, and if the 
creditor or creditors, shall refuse to take and 



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



Debtors al- 
lowed bene- 
fit of bounds 



Giving bond 
and security 
in double the 
debt for 
keeping with 
in the bounds 



Two justices 
of the peace 
to approve 
of the surit 
ie. 



275 



558 



Prison ^ Prison Bounds. 



If bonds for 
feited judg 
ment to be 
for penalty 
without re 
lief. 



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



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



To be fined 
or whipped 



If prisoners 
actually es 
cape the per 
sons so con 
veying tools 
&c. to what 
punishment 
liable 



accept the bond, the same shall be lodged with 
the sheriff, to be by him kept, until the credi- 
tor, or creditors, shall demand the same; and 
upon putting such bond in suit, when the 
condition shall be broken, judgment shall be 
entered up for the penalty, and no relief in 
chancery shall be allowed therein. 

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

Sec. 4. If any person or persons shall di- 
rectly or indirectly, by any way or means 
howsoever, without the knowledge or privity 
of the keeper, convey any instrument, tool, or 
other thing whatsoever, to any prisoner, or in- 
to any prison, whereby any prisoner might 
break the prison, or work himself, or herself 
unlawfully out of the same, every person so 
offending, shall forfeit and pay, such fine, as by 
the direction of the court shall be imposed, not 
exceeding one hundred dollars, according to 
the nature of the cause of the prisoners com- 
mitment, or suffer such corporeal punishment, 
not exceeding forty stripes, as the court shall 
inflict, and if it shall so happen that the prisoner 
shall make his or her escape, by means of any 
instrument, tool, or other thing so conveyed, 
without the knowledge and privity of the keep- 
er, the person so conveying the same, shall be 
liable to pay all such sums of money as the 



276 



Prison & Prison Bounds. 



559 



prisoner stood committed for, if on civil pro- 
cess, and shall also have inflicted on him or her, 
all such punishment, as the escaped prisoner 
would be liable unto if a criminal and had 
been convicted of the charge for which he or 
she had been committed, unless such prisoner 
would be liable to capital punishment, in which 
case, the person assisting in such escape, shall 
be punished by fine, imprisonment, whipping, 
pillory, or setting on the gallows with a rope 
about his or her neck, or any one or more of said 
punishments, as the court having cognizance 
thereof shall think proper to inflict. 

Sec. 5. If any jailor or prison keeper, shall 
voluntarily suffer a prisoner committed unto 
him, to escape, he shall suffer and undergo the 
like pains, punishments and penalties, as the 
prisoner so escaping, should, or ought by law 
to have suffered and undergone for the crime 
or crimes, wherewith he stood charged, if he 
had been convicted thereof, and if any jailor or 
prison keeper, shall through negligence, suf- 
fer any prisoner accused of any crime to escape, 
he shall pay such fine, as the Judges of the 
court before whom he is convicted, shall in their 
discretion inflict, according to the nature of the 
offence, for which the escaped prisoner stood 
convicted. 

Sec. 6. Provided nevertheless. That if any 
person who may be committed for debt, shall 
violently escape from prison, without conni- 
vance of the Sheriff, or keeper, and the sheriff, 
jailor or prison keeper, shall within three 
months, next after such escape, recover the 
prisoner so escaped, and re-commit him to 



Jailor suflFer 
ing voluntary 
escape of pri 
(oners pun 
ishment of 



Suffering ne 
gligent escape 
punishment 
of 



On violent e 
scape of pris 
oner for debt 



277 



560 



Prison & Prison Bounds. 



prison again, then the sheriff shall be liable to 

nothing further than the costs of such action 

or actions, as may have been commenced 
against him for such escape. 



Warrants &c. 
to be regu 
larly filed in 
a box provi 
ded by the 
iailor 



Sec. 7. AH warrants, mittimusses, writs 
and instruments of writing of any kind, or the 
attested copies of them, by which any 
prisoner may be committed, enlarged or lib- 
erated, shall be safely kept (regularly filed in 
their order of time) in a suitable box for the 
purpose, provided by the keeper of the jail, 
under the sheriff's direction, and upon the death, 
or removal of any sheriff, the box, with the 
contents thereof, shall be delivered to his suc- 
cessor in office, under the penalty of one hun- 
dred and fifty dollars, to be paid by the Sheriff 
removed, or his executors or administrators, 
in case of the death of the Sheriff, to be recov- 
ered by any person who shall prosecute there- 
for to effect, in any court having jurisdiction 
to try the same. 



Judges of 
C P to en 
quire into the 
state of pris 
ons etc. 



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



Seperate 
rooms for 
the sexes. 



Sec. 9 The Sheriffs shall keep separate rooms 
for the sexes, except w^here they are lawfully 
married, and be responsible that his jailor at all 



278 



Prison ^ Prison Bounds. 



561 



times provide proper meat and drink, for all 
criminals committed to the prison of the coun- 
ty, if such prisoners have no other convenient 
w^ay of supplying themselves with provisions, 
which shall always pass to them through the 
keepers hands, and in every case when the 
Sheriff or jailor shall be at the expense of furn- 
ishing meat, drink or fire-wood, to a prisoner 
in jail for a crime or at the suit of the United 
States, who is not of sufficient ability in point 
of property, to re-pay or indemnify such Sher- 
iff or jailer, their reasonable expense and char- 
ges for supplying such prisoner; in every 
such case the sheriff or jailer shall make out 
his account thereof, and on oath shall testify 
the truth of the same before the judges of the 
court of Common Pleas, who shall tax the 
same as they shall think just and reasonable, 
and lay the amount thereof in the yearly es- 
timate of the county charges. 

Sec. 10. In every case, where any person is 
committed to prison in a civil action, either 
on mense process, or an execution for debt, 
trespass, slander, or other cause of action, at 
the suit of one citizen against another, or at 
the suit of an alien against a citizen, or at the 
suit of a citizen against an alien ally, in every 
such case, it shall be the duty of the sheriff to 
provide only the daily bread and water of such 
prisoner, and he is hereby directed to furnish 
the same regularly to every such prisoner, who 
is not of sufficient ability in point of property, 
to provide for his or her own support, while 
in prison, and the expense and charges occur- 

V V V 



Sheriff to 
provide meat 
&c. to cer- 
tain crimin- 
als. 



Sheriff is to 
make out his 
account on 
oath. 



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



279 



562 



Prison ^ Prison Bounds. 



herifFs reme 
dy for recov 
ery of costs 
and charges 
for keeping 
such prisoner 



Prisoners 
right to furn 
ish themselves 
with neces 
saries. 



ring to the sheriff or jailor, herein, shall be re- 
paid to him by the prisoner, so soon as the pri- 
soner shall be liberated from the jail; for the 
recovery of which the sheriff or jailer shall have 
his action at Xzw, against the prisoner, in any 
court where the same may be cognizable, and 
when any prisoner shall be committed to jail 
in a civil action as aforesaid, and shall provide 
for his or her own support, in a way wherein 
the sheriff or jailor, shall have no concern, it 
shall be the duty of the jailor or prison keeper 
to admit to the wicket grate, or small window 
of the prison, in which such prisoner shall be 
confined, any person who may come to ad- 
minister to the wants of such prisoner, by fur- 
nishing him or her with meat and drink, which 
shall be conveyed through such small window 
or grate, that the security of the prison be not 
too frequently exposed by opening the doors 
thereof. 



Fines to the 
use of the 
county. 



How recov 



To whom 
paid. 



Sec. 11. All fines and penalties, arising up- 
on the breach of this act, shall be for the use 
of the county, where the offence is committed 
or the duty neglected ; and the same remedy 
shall be had for the recovery thereof as in other 
cases where duties are enjoined by statute and 
no particular mode of prosecution directed, in 
case of default, it shall be the duty of the attor- 
ney prosecuting the pleas of the United States 
to prosecute for the same either by writ or in- 
dictment and the fine when recovered shall be 
paid to the sheriff or treasurer for the use of the 
county. 



280 



Prison ^ Prison Bounds. 



563 



AN ACT 

To authorise the guarding of county Jails. 
Adopted from the Kentucky Code. 

Passed July 22 1809. 



Be it enacted by the Governor and Judges 
of the Illinois Territory and it is hereby enac- 
ted by the authority of the same. That if for 
want of a sufficient Jail in any county in which 
a general court is held, it shall be necessary to 
impress or hire guards for the safe keeping of 
any prisoner in the said Jail. The general 
court or a Judge thereof in vacation shall have 
full power and authority to order the Jailor 
to impress or hire such guards and the said 
court shall certify to the county court the 
amount of the allowance to the said guard, 
which it shall be the duty of the Justices of 
the said county court to order to be paid out 
of the county levy. 



Genl. court 
or judge to 
order jailor 
to procure 
guard 



Sec. 2. To prevent doubts concerning 
what shall be taken to be a sufficient Jail — 

Be it further enacted by the authority afore- 
said. That when the Judges of the general 
court shall receive a county Jail for the county, 
and cause the same to be entered on their re- 
cords, the county thereafter shall be no 
longer chargeable for the expence of guards. 

The foregoing is hereby declared to be a 
law of the territory to take effect and be in force 
from the date thereof. 



Sufficie 
Jail what 



281 



564 



PRIVILEGE. 



PRIVILEGE. 



AN ACT 



Defining and regulating Privileges in certain 
cases. 

Passed September 17, 1807. 



Members of 
the Legisia 
ture exempt 
from arrest 



Sec, 1. The members of the Legislative 
Council and House of Representatives, and the 
Secretaries, Clerks, Sergeant at arms, Door- 
keeper and messengers of either branch of the 
General assembly, shall be privileged from 
arrest, during the sitting of the Legislature, or 
of the branch thereof to which they respective- 
ly belong and also during the time necessarily 
employed in travelling to, and returning from 
the place of their meeting, allowing one day 
for every fifteen miles of the distance by the 
road most usually travelled, and all proceedings 
in suits pending, in which either of the persons 
above mentioned is a party shall be stayed du- 
ring the time aforesaid ; and whoever shall ar- 
rest either of the persons above mentioned 
during the time they are entitled to privilege 
as above provided, shall forfeit and pay for 
every such offence, the sum of one hundred 
dollars, to be recovered with costs of suit, by 



282 



PRIVILEGE. 



565 



action of debt, for the use, and in the name of 
the person injured. - And all persons legally 
entitled to vote for Representatives to the Gen- 
eral Assembly, shall be privileged from arrest 
during the time of their attendance at elections, 
and while on the way in going to, and return- 
ing from such elections. 

Sec. 2. The Judges and Clerks of the Gen- 
eral Court, and Attorney General, shall be 
privileged from arrest, while attending at 
the said court, and for, and during the space 
of fifteen days next before the commencement, 
and for and during the space of ten days next 
after the close of any term thereof, and also du- 
ring the time necessarily employed in going to, 
holding, and returning from any general court, 
circuit court, or court of Oyer and Terminer, 
or general Jail Delivery, or court of Nisi Prius, 
in any county with this Territory. 

Sec. 3. The Judges of the severeal courts 
of Common Pleas within this terriotry, during 
the sittings of their respective courts, and du- 
ring the space of forty eight hours next before 
the commencement, and during the like space 
next after the close of any term thereof, and 
the Justices of the serveral courts of Common 
Pleas, of the Peace, during the sitting of the 
session, and during the space of forty eight 
hours next before the opening, and next after 
the close of any session thereof; & the Justices 
of the Peace, while engaged in hearing and 
determining any action suit or plaint instituted 
before them, or either of them, and all Attor- 
neys, Counsellors at law, Clerks, Sheriffs, 
Coronors, Constables and Cryers, and all 



Persons ar 
resting liable 
to a fine 



Electors etc. 



Judges and 
clerk of the 
G C 



Judges of the 
C P 



Justices of the 
9 S 



Attos Clks 
etc. 



283 



566 



PRIVILEGE. 



suitors, witnesses and jurors, while attending 
court, and while going to, and returning from 
court, shall be privileged from arrest. 



Times places 
etc. that no 
arrest shall be 
made 



Sec. 4. No person shall be arrested while 
doing militia duty under the order of his com- 
manding officer, or while going to, or return- 
ing from the place of duty or parade; nor 
shall any person be arrested on the first day of 
the week, commonly called Sunday, or in any 
place of religious worship, during the perform- 
ance of divine worship ; or in the chamber of 
the Legislative Council or House of Represen- 
tatives, during their sitting; or in any court 
of Justice during the sitting of the court ; or 
on the fourth day of the month July, the an- 
niversary of American Independence. 



Sec. 5. Nothing herein contained shall be 
construed to extend to cases of treason, felony 
or breach of the peace. 

Provided always, That where either of the 
Proviso members or officers of the general assembly, 

shall be arrested during the sitting of the legis- 
lature upon any charge of treason, felony or 
breach of the peace, it shall be the duty of the 
person issuing the process on which the arrest 
is made, forthwith to give written notice thereof 
to the house in which the person arrested shall 
be a member or officer, addressed to the Pre- 
sident or Speaker, as the case may be. 



No privilege 
in ease of 
summons 



Sec. 6. Nothing herein contained, shall be 
construed to privilege any person herein nam- 
ed from being served at any time with a sum- 



284 



RECORDER. 



567 



mons, or notice to appear; and all arrests not 
contrary to the provisions herein contained, 
made in any place, or on any river or w^ater 
course, vv^ithin or bounding the territory shall 
be deemed lawful, and if any person shall be 
arrested contrary to the provisions herein con- 
tained, such person may and shall be dischar- 
ged by a writ of habeas corpus, or in a sum- 
mary way by motion before the court from 
which the process shall have issued at the costs 
of the party suing out such process. 



How ditehar 
ged from ar 
rest 



RECORDER. 



A LAW 



Establishing the Recorder s office, and for 
other purposes. 

Passed Sept. 17, 1807. 



Sec. 1. There shall be an office of Record 
in each and every county; which shall be cal- 
led and styled the Recorder's Office, and shall 
be kept in some convenient place, at the coun- 
ty seat of Justice, in the respective counties; 



Recorders of 
fice establish 
ed. 



285 



568 



RECORDER. 



Recorders 
duties 



and the Recorder shall duly attend the service 
of the same, and at his own proper costs and 
charges, shall provide parchment, or good 
large books of royal, or other large paper, well 
bound and covered, wherein he shall record, 
in a fair and legible hand, all deeds, and con- 
veyances, which shall be brought to him for 
that purpose, according to the true intent and 
meaning of this law. 



What words 
in deed shall 
pass a fee & 
amount to 
certain cov- 
enants, on 
which gran- 
tee may in a- 
ny action as 
sign breaches 



Proviso 



Sec. 2. All deeds to be recorded in pur- 
suance of this law, whereby any estate of in- 
heritance in fee simple shall hereafter be lim- 
ited to the grantor and his heirs; the words, 
grant, bargain, sell, shall be adjudged an ex- 
press covenant, to the grantee, his heirs and 
assigns, to wit: That the grantor was seized 
of an indefeasible estate, in fee simple, freed 
from incumbrances, done, or suffered from the 
grantor, except the rents and services that may 
be reserved ; as also for quiet enjoyment against 
the grantor, his heirs and assigns, unless lim- 
ited by express words contained in such 
deed, and that the grantee, his heirs executors 
and administrators and assigns, may in any 
action, assign breaches, as if such covenants 
were expressly inserted: Provided always. 
That this law shall not extend to leases at rack 
rent, or to leases not exceeding one and twen- 
ty years; where the actual possession goes 
with the lease. 



Forging ac 
Icnowledg 
ments etc 



Sec. 3. If any person shall forge any entry 
of the acknowledgements, certificates, or en- 
dorsements, whereby the freehold or inheritance 
of any man may be charged, he shall be liable 
to the penalties against forgers of false deeds; 



286 



RECORDER. 



569 



and if any person shall perjure himself in any Punishment 
of the cases herein above mentioned, he shall '" P«n""'y 
incur the like penalties as if the oath or affir- 
mation had been in any court of record. 



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



Satisfaction 
on mortgages 

how to be 
entered by 
mortgagees. 



Sec. 5. And if such mortgagee, by himself 
or his attorney, shall not within three months 
after request, and tender made for his reasona- 
ble charges, repair to said office, and there 
make acknowledgement as aforesaid, he, she, 
or they, neglecting so to do, shall for every 
such offence, forfeit and pay unto the party 
or parties aggrieved, any sum not exceeding 
the mortgage money - to be recovered in any 
court of record, by bill, plaint or information. 



Penalty on 
mortgagees, 
neglect to en 
ter such sat- 
isfaction. 



Sec. 6. There shall be appointed a recorder 
in every county, now or hereafter to be erect- 
ed. But before any of the recorders enter up- 
on their respective offices, they shall become 
bound to the Governor and his successors in 
office, with one or more sufficient sureties, in a 
for bond fifteen hundred dollars ; conditioned for 



Every coun- 
ty to have a 
recorder, 
who shall 
give bond. 



Www 



287 



570 



RECORDER. 



the true & faithful execution of his office, and 
for delivering up the records, and other wri- 
tings belonging to the said office, whole, safe 
and undefaced, to his successor in said office. 
Which said respective bonds, shall be filed in 
the Secretaries office, and there safely kept, in 
order to be made use of, for making satisfaction 
to the parties, that shall be damnified, or ag- 
grieved, as is or shall be in such case directed 
by law. 



Penalty en 
recorder Offi- 
ciating oth- 
erwise. 



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



Ail deeds &c 
to be acknew 
ledged and 
recorded. 



Sec. 8. All deeds and conveyances, which 
shall be made and executed within this Terri- 
tory, of, or concerning any lands, tenements, or 
hereditaments therein, or whereby the same may 
be in any way affected in law or equity shall be ac- 
kwoledged by one of the grantors, or proved by 
one or more of the subscribing witnesses to 
such deed, before one of the Judges of the 
General court, or before one of the Judges of 
the court of Common Pleas, or before one of 
the Justices of the Peace of the county where 
the land conveyed do lie ; and shall be record- 
ed in the recorder's office of the county where 
such lands or hereditaments are lying and be- 
ing, within twelve months after the execution 
of such deeds, or conveyances: and every 
such deed or or conveyance, that shall at any 



288 



RECORDER. 



571 



time after the publication hereof be made and 
executed, and which shall not be proved and 
recorded as aforesaid, shall be adjudged frau- 
dulent, and void against any subsequent pur- 
chaser, or mortgagee for valuable considera- 
tion; unless such deed or conveyance be re- 
corded as aforesaid before the proving and 
recording of the deed or conveyance under 
w^hich such subsequent purchaser or motga- 
gee, shall claim. 



If not recor- 
ded within 
a year may 
be avoided. 



Sec. 9. Where the grantors and witnes- 
ses of any deed or conveyance are deceased 
or cannot be had, it shall and may be lawful to 
and for the Judges of the General court, or 
court of common Pleas, or any Justice of the 
Peace, of the county where the lands lie, to 
take the examination of any witness, or wit- 
nesses, on oath, or affirmation to prove the hand 
writing of such deceased witness or witnesses; 
or where such proof cannot be had then to 
prove the hand writing of the grantor or gran- 
tors, which shall be certified by the Judge or 
Justice before whom such proof shall be made; 
and such deed or conveyance, being so proved 
shall be recorded as is usual in other cases, di- 
rected above by this law. 



How proved 
where 
grantors or 
witnesses are 
deeds. 



Sec. 10. Every recorder shall keep a fair 
book in which he shall immediately make an 
entry of every deed or writing brought into his 
office to be recorded; mentioning therein the 
date, the parties, and the place where the lands, 
tenements or hereditaments granted or convey- 
ed by the said deed or writing, are situate; da- 
ting the same entry, on the day in which such 
deed or writing was brought into his office ; and 



Recorder's 
duty. 



289 



572 



RECORDER. 



How recov* 
ered and by 
whom. 



shall record all such deeds and writings, in regu- 
lar succession, according to their priority of time 
in being brought into said office; and shall 
also immediatel}^ give a receipt to the person 
bringing such deed or writing to be recorded, 
bearing date on the same day with the entry, 
and containing the abstract aforesaid; for 
which entry and receipt he shall take or re- 
ceive no fee or reward whatever. And if any 
recorder shall record any deed or writing be- 
fore another first brought into his office to be 
recorded ; or in any other manner than is 
herein directed, or shall neglect or refuse to 
make such an entry, or give such a receipt as 
is herein before directed ; or shall directly or 
indirectly take or receive any fee, or reward 
for such entry and receipt, or either of them, 
he shall forfeit and pay for every such offence 
a sum not exceeding three hundred nor less 
than one hundred dollars ; one half to the use 
of the territory, and the other half to him or 
them, that shall sue for the same, to be re- 
covered in any court of record by action of 
debt, bill or plaint, wherein no essoin, protec- 
tion or wager of law or more than one impar- 
lance shall be granted. 



How husba d 
and wife 
may convey 
real estates 



Sec. 11. Where any husband and wife shall 
hereafter incline to dispose of and convey the 
estate of the wife, or her right of, in or to any 
lands, tenements or heriditaments, whatsoever, 
it shall and may be lawful, to and for the said 
husband and wife, the wife not being less than 
twenty one years of age, to make seal, deliver 
and execute, any grant bargain and sale, lease, 
release, feoffment, deed, conveyance, or assur- 
ance in the law, whatsoever, for the lands ten- 



290 



RECORDER. 



573 



ements, and hereditaments, intended to be by 
them passed and conveyed ; and after such ex- 
ecution to appear before one of the Judges of 
the General court, or court of Common Pleas, 
or before a justice of the Peace, of, and for 
the county, where such lands, tenements and 
hereditaments shall lie, and to acknowledge the 
said deed or conveyance, which Judge of the 
General court, or court of Common Pleas, or 
Justice of the Peace, shall, and he is hereby 
authorized and required to take such acknowl- 
edgement; in doing whereof he shall examine 
the wife separate and apart from her husband, 
and shall read, or otherwise make known the 
full contents of such deed or coveyance to the 
said wife; and if upon such separate examina- 
tion, she shall declare that she did voluntarily, 
and of her own free will and accord, seal, and 
as her act and deed deliver the said deed or 
conveyance, without any coercion, or compul- 
sion of her said husband every such deed or 
conveyance shall be and the same is hereby 
declared to be good and valid in law, to all in- 
tents and purposes, as if the said wife had been 
sole, and not covert at the time of such sealing 
and delivery, any law, usage or custom to the 
contrary in any wise notwithstanding; Provided, 
That the Judge or Justice, taking such acknowl- 
edgement shall under his hand & seal, certify the 
same upon the back of such deed or conveyance. 

Sec. 12. It shall and may be lawful for any 
Judge of the court of Common Pleas, or Jus- 
tice of the Peace of any county in this Territo- 
ry, within the limits of their respective coun- 
ties, to take the acknowledgment or proof of 
the execution of any deeds or conveyances, or 



Duty of ma- 
gistrates ta- 
king acknow 
ledgment. 



Tlie said ac 

knowledge 
ment to be 
certified. 



Justices &c. 
in one coun- 
ty may take 
acknowledg- 
ment or 
proof of the 
execution of 
deeds of land. 



291 



574 



RECORDER. 



In another 
county in the 
territory. 



release of dower of any lands or tenements, 
lying and being in any other county in this 
Territory; which acknowledgments or proofs, 
or release so taken and made, the same being 
duly certified by the Clerk, under the county 
seal, shall be valid and effectual, and have the 
same force and effect, as if the same were ta- 
ken before any Judge, or Justice of the Peace 
of the county, in which the said lands or ten- 
ements are situate. 



Deeds for 
lands execu- 
ted out of 
the territory 



How to be 
acknowledg 
ed & certified 



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



292 



RECORDER. 



575 



AN ACT 

For the removal and safe keeping of the an- 
cient records and papers in this Territory. 

Passed Dec. 25, 1812. 



Whereas it has been suggested to this 
Legislature, that certain interpolations and 
forgeries have lately taken place in one of the 
ancient record books, upon which the title of 
ancient grants depend; and whereas the Legis- 
lature thereupon sent for one of those record 
books, and inspected the same and are satis- 
fied in their own minds, that an interpolation 
has been made therein, Therefore. 



Preamble. 



Be it enacted by the Legislative Council, 
and House of Representatives, and it is here- 
by enacted by the authority of the same. That 
it shall be the duty of the recorder of Ran- 
dolph county to deliver to the Secretary of 
this Territory, on or before the fifteenth day of 
January next all the ancient books, records and 
papers which are filed in his office which bear 
date previous to the thirteenth day of July in 
the j^ear one thousand seven hundred and 
eighty seven, and shall take the said Secretary's 
receipt therefor, which said secretary is hereby 
authorised to file the same in his office and be 
safely kept by him as other public archieves 
and records of his office. 



Recorder of 
Randolph fo 
de iver rec 
ord to secre 
tary. 



Take Secre- 
tary's recept 



Sec. 2. Be it further enacted. That all JjTfV* 

11 i_ J L attested by 

copies or transcripts which may be made by secretary to 

the said secretary from the said papers or be authen Ic 



293 



576 



REVENUE. 



And not to be 
inspected by 
any person 
unless in pre 
sence of secry 



records and attested by him shall be as authen- 
tic in any court of record in this territory as if 
given by the recorder of any county. And 
tlie said secretary shall never suffer or permit 
the said records or papers to be inspected by 
any person unless in his presence or in the pres- 
ence of his express agent. This act to be in 
force from and after the passage thereof. 



REVENUE. 



AN ACT 

For the appointment of an Auditor and 
Territorial Treasurer. 

Passed Sept. 17, 1807. 



Govr. to ap- 
point audit 
or during 
pleasure. 



Keep territo 
rial acpts. 



Sec. 1. The Governor shall appoint an Au- 
ditor who shall continue in office during plea- 
sure, whose duty it shall be to keep the ac- 
counts of this territory with any state or terri- 
tory, and with the United States, or any in- 
dividual ; to audit all accounts of the civil of- 
ficers of this territory, who are paid out of the 
treasury, of the members of both branches of 
the legislature, and of all other persons author- 
ized to draw money out of the treasury; but 



294 



REVENUE. 



577 



nothing herein contained shall be so construed 
as to authorize the auditor under any pretext 
whatever to audit any account, or give any cer- 
tificate which would enable any person or 
persons, to receive any sum or sums of money, 
unless in cases particularly authorized by law. 



Sec. 2 It shall be the duty of the said au- 
ditor, as soon as he shall have ascertained the 
balance due any individual, to give such per- 
son or persons a certificate, certifying that 
there is a balance, mentioning the sum due to 
the person applying for the same- 
Sec. 3. The said auditor before he enters 
on the duties of his office, shall give bond 
with approved security, to the governor of this 
territory or his successor in office in the penal 
sum of eight thousand dollars, conditioned as 
follows : 



Audit all de- 
mands autho 
rised by law. 

Give certifi 
cate of amet. 



Give bond 
in penalty. 



"That he shall justly and honestly audit 
and fairly keep the accounts between this ter- 
ritory and any state or territory, the United 
States, or any individual, as the case may be, 
and that he will deliver to his successor in of- 
fice, all books, and other vouchers, which shall 
be by him kept by virtue of this law;" and 
moreover take the following oath or affirma- 
tion. 

"I, A B, do solemnly swear or affirm as the 
case may be, that I will justly and honestly 
perform the duties of auditor of this territory, 
to the best of my skill and judgment so help 
me God." 



Take oath. 



Form. 



X X X 



295 



578 



REVENUE. 



Duty of au 
ditor. 



Sec. 4. The said suditor shall make a fair 
list of all accounts by him audited, in a book 
to be kept by him for that purpose, as also an 
account of all taxes and other monies which 
may be due to any person from this territory; 
and it shall be the duty of such auditor to make 
out and present to the Legislature a transcript 
of said accounts, shewing the amount of all 
certificates by him given, as also the amount 
of all taxes which have been received, or are 
still due the said territory, on the first week of 
their session, or as often as the legislature may 
require. 



To number 
eerfificates. 



Sec. 5, The said auditor shall keep a fair re- 
cord of all warrants and certificates by him 
drawn numbering the same in a book by him 
to be kept for that purpose. 



Make abstract 
&e. 



Proceed by 
motion on 
giving notice 



Aud. to give 
acquittances. 



Sec. 6. When the said auditor, shall have 
made out abstracts of all sums due in the res- 
pective counties, and sent them to the differ- 
ent collectors; he shall make out in a book 
for said purpose a fair account against each col- 
lector, a copy of which shall be sufficient for 
the attorney general, to proceed by motion in 
a summary way against all delinquent collec- 
tors before the general court or court of Com- 
mon Pleas; Provided, The said collector shall 
have ten days previous notice of such motion, 
and the said auditor shall upon receiving the 
treasurers receipt, give to the said collectors a 
quietus, which shall after receiving the same 
prevent the auditor or attorney general from 
motioning against him for the sum mentioned 
in the said receipt. 



296 



REVENUE. 



579 



Sec. 7. The governor shall appoint a treasu- 
rer, who shall continue in office during plea- 
sure, who shall prior to the entering upon the 
duties of his office, give and execute a bond 
with sufficient security in the sum of eight 
thousand dollars, to be approved of by the 
governor, conditioned for the due and faithful 
performance of the duties of his office; the 
said bond shall be given to the governor pay- 
able to him or his successors in office, for the 
the use of the Territory. 



Govr. to ap 
point treasu 
rer. 



Give bond 



Sec. 8. The governor may when he sus- 
pects the obligors in said bond, to be insuffi- 
cient, require the treasurer to give other bond 
with sufficient security, to be approved of as 
aforesaid, which said bond shall be deposited 
in the office of the secretary of this territory. 



Govr. require 

additional 

security. 



Sec. 9. If said treasurer die, resign, or be 
displaced, or cease to hold his office, then such 
treasurer, or if he be dead, his heirs, executors 
or administrators, shall fairly and regularly state 
the amount, and deliver the monies, together 
with all instruments of writing, books and pa- 
pers of the territory, in his her or their pos- 
session, to the succeeding treasurer, who shall 
make report thereon to the Legislature, and 
the said report, if confirmed by the Legislature, 
shall be a discharge of the said bond, which in 
such case shall be delivered to the said treasu- 
rer, his heirs, executors or administrators. 



Treasurer 
going out of 
office, report 
to successor. 



And him to 
legislature. 



If approved 

discharge 

bond. 



Sec. 10. It shall be the duty of the treasurer Duty 
to receive the proceeds of all taxes, and other surer 
public monies of this territory. 



297 



580 



REVENUE. 



Not pay mo 
ney &c. 



Sec. 11. He shall not pa}' any money, but on 
a warrant or certificate from the auditor, except 
the auditor's salary. 



Keep acpts. 
and lay same 
before legisla 
ture. 



Sec. 12. He shall keep a regular account of 
all monies he receives, and pays agreeable to 
law, stating therein on what account each par- 
ticular sum was paid, or received ; and the 
time when, and lay a fair statement of said ac- 
counts, before the Legislature, on the first week 
in every session, or as often as the Legislature 
may require. 



Make month 
ly returns to 
auditor, who 
shall take co 

py. 



Sec. 13. It shall be the duty of the treasu- 
rer to deliver monthly to the auditor, an ac- 
count of his payments, and of the warrants on 
which they were made ; and the auditor shall 
copy it in a book kept for that purpose. 



Sec. 14. The treasurer, on receiving any 
Give recpts. sum of money, shall receipt for it to the person 

paying the same. 

Sections 15 l^ 16, are not in force. 



Aud. to di- 
rect A. G. 
to irotion 
for monies 
due. 



Sec. 17. It shall be the duty of the auditor 
to direct the attorney general, to motion against 
all delinquents for the payment of public mo- 
nies, which have heretofore accrued to the ter- 
ritory. 



298 



REVENUE. 



581 



AN ACT 
For levying and collecting a tax on Land. 

Passed Dec. 23, 1812. 



Sec. 1, Be it enacted by the Legislative 
Council and House of Representatives, and it 
is hereby enacted by the authority of the same. 
That for the purpose of raising a tax upon 
land it shall be divided into three classes; 
The Mississippi & Ohio Bottoms shall be con- 
sidered first rate, all other located lands second 
rate, and all claims to land that have been con- 
firmed by proper authority, shall until they are 
located, be considered as third rate, but as soon 
as they may be located, they shall be consid- 
ered, as belonging to the second class, unless 
they be located in the bottoms aforesaid, but if 
located in said bottoms they shall be consider- 
ed first rate. 



Rates of 
lands. 



Sec. 2. Be it further enacted by the authori- 
ty aforesaid, That each and every person 
claiming land by deed, entry, bond for convey- 
ance, and confirmed by the proper authority 
whether residents or non-residents, shall, enter 
the same for taxation in the manner herein af- 
ter provided and within the time specified ; and 
if any person or persons shall fail to do so, he, 
she or they shall forfeit five dollars for every 
hundred acres of land, one half of which shall 
go to any person sueing for the same, and the 
other half for the use of the Territory. 

Sec. 3. Be it enacted by the authority afore- 
said. That the territory shall have a lien upon 



Owners of 
land to en- 
ter It for 
taxation. 



299 



582 



REVENUE. 



Territory to 
have a lien 
on lands for 
taxes. 



all and every tract of land or claim thereto, for 
the taxes hereafter imposed which lien shall 
not be affected by any transfer whatever, and 
all sales & other proceedings hereinafter direc- 
ted, shall be deemed good and valid in whose 
name soever the said land or claim thereto shall 
be entered or sold, unless he, she or they con- 
testing the validity thereof shall shew that the 
tax had actually been paid thereon, which in all 
cases shall be the first thing required of any one 
attempting to set aside any sale under this act. 



Section 4 is not in force. 



Land to be 
described. 



Sec. 5. Be it enacted by the authority afore- 
said. That those persons hereinafter required 
to list their lands for taxation, shall specify as 
far as he, she or they can, each separate tract, 
the class it belongs to, the name of the original 
claimant, to whom confirmed, to whom paten- 
ted, in what county and on what water course 
it lies. 



Non-resi- 
dents to en- 
ter their land 
with aud. 



Sec. 6. Be it enacted by the authority afore- 
said. That all non-residents shall enter their 
lands with the auditor of public accounts at his 
office in the town of Kaskaskia, on or before 
the first day of August next, and if any such 
non-resident or non-residents shall fail to pay 
the taxes imposed by this law on or before the 
first day of October, the auditor shall transmit 
a list of such delinquents and a list of the lands 
entered by them or their agents to the sheriff of 
Randolph county as soon as may be, where- 
upon the said sheriff shall advertise the said 
lands as listed for sale in some newspaper most 
convenient to Kaskaskia, as many as five suc- 



300 



REVENUE. 



583 



cessive weeks, giving notice of the day of sale, 
and shall accordingly sell the whole or so much 
of each tract as will pay the tax, his fee and the 
costs of advertising which sale shall be at the 
door of the house in which court may be usual- 
ly held for the county of Randolph. 



If they fail 
to pay the 
land to be 
sold. 



Sec. 7. Be it enacted by the authority afore- 
said. That it shall be the duty of the commis- 
sioner, of each county in this Territory to ad- 
vertise in their respective counties, at the usu- 
al places of holding courts for the same, and in 
each township if there be any, that he will on a 
certain day, not less than * twenty days there- 
after attend at some place in each township if 
any there be, otherwise at some place that he 
may suppose convenient for the purpose of re- 
ceiving from the inhabitants of his county, their 
list of lands according to this law, and such per- 
sons are hereby required to attend at such pla- 
ces as said commissioners may appoint as 
aforesaid; Provided however. That any person 
who does not attend shall have a right at any 
time within ten days thereafter, to tender his, 
her or their lists, according to law to said com- 
missioners. In failure of any person to list his, 
her or their lands, the commissioner shall pro- 
ceed to list such person or persons lands agree- 
ably to the best information he can get. Any 
person or persons giving in a list of their lands 
aforesaid, shall swear that said list contains a 
true and correct account of his, her or their 
lands to the best of his her or their knowledge. 



Commission, 
er to adver- 
tise in town- 
ships 



Persons fail 
ing to attend 
may after 
wards give in 
a list 



* This is altered by 6, section Act 24th 
December 1814. 



301 



584 



REVENUE. 



Penalty for 

fraudulent 

list 



And if any fraud shall be practised in said list 
or lists, the person or persons guilty thereof 
shall forfeit to the Territory the whole interest 
in the land about which such fraud may be 
practised. 



Section 8, is not in force. 



Auditor to 
charge sheriff 
with lists of 
taxes 



Sheriff to 
collect the 
taxes 



May sell the 
land 



Sec. 9. Be it further enacted, That the au- 
ditor shall charge each sheriff with the taxes 
due, according to their respective lists. 

Sec. 10. Be it further enacted. That each 
sheriff shall have power, and it shall be 
his duty to demand of every inhabitant of his 
county, the amout of the tax due by him, her 
or them, for their lands either personally or by 
leaving a notice at their usual or last place of 
residence, on or before the first day of * June 
next, yearly and every year, and on failure of 
any person to pay the same, the sheriff shall 
proceed to sell the land, or so much thereof as 
will pay the tax and the costs due on it at the 
door of the house in which court may usually 
be held in his county, having given at least 
forty days notice thereof, by advertising at the 
door of the house aforesaid, and three times 
successively in some newspaper most conveni- 
ent to the place of sale: Provided however, 
That it shall be the duty of the sheriff to receive 
any arrearages of taxes with the costs that 
have accrued thereon for advertising, if the 
person tendering the same will pay him also 



* By act 24th Deer. 1814 3d, section it is 
October. 



302 



REVENUE. 



585 



five cents on each tract for his own use. 
And Provided also. That if the owner of any 
tract or tracts of land for which the said tax 
shall be in arrear, or anj' person for him, shall 
on the daj' on which the said land shall be ad- 
vertised for sale as above mentioned, tender 
and deliver to the sheriff, to be sold on that day 
by him, at the place of sale as above mention- 
ed, goods and chatties sufficient to make the 
said tax and costs so in arrear, then the sheriff 
shall not sell the land or any part thereof, but 
shall make and levy the said tax in arrear by a 
public sale of such goods and chatties, render- 
ing the overplus if any, to the owner of such 
land or such person for him. 



Sec. 11. Be it enacted by the authority 
aforesaid. That if any tract of land of either 
residents or non-residents will not when expo- 
sed the sale as aforesaid, sell for the taxes, and 
costs due thereon, it shall be struck off to the 
Territory which shall be considered as the pur- 
chaser thereof. 



When land 
shall be 
struck off to 
the territory. 



Sec. 12. Be it further enacted. That in all 
sales of non-residents lands, the sheriff who 
sells the same shall return a list of the sales, 
specifying the quantity of each tract that has 
been sold, the price it sold for, and the purcha- 
ser's name to whom it was sold. In all sales 
of the lands of residents the sheriff of each 
county respectively shall return a similar list 
to the clerk of the court of common pleas in 
his county, both of which lists shall be carefully 
oreserved, and it shall moreover be the duty of 



Sheriff to re 
turn list of 
sales of I'nd 



Y YY 



303 



586 



REVENUE. 



the said sheriff to give to each purchaser a cer- 
tificate of the sale to him which shall vest the 
title in him completely and perfectly, unless 
the land should be redeemed in the manner 
hereinafter pointed out. 



If too much 
tax be charg 
ed not to va- 
cate sale. 



Sec. 13. Be it further enacted. That if 
any sheriff in selling said land should happen 
to charge too much tax and cost thereon, it 
shall not vacate the sale thereof, but the pur- 
chaser shall relinquish so much of the lands as 
will bear a propo tion to the sum overcharged, 
rating the value of the whole land purchased 
by the price it sold for. 



Sheriff to pay 
the taxes. 



Sec. 14, Be it further enacted. That the 
sheriff of each county respectivly, shall on or 
before the fist day * November in each year, 
pay to the public treasurer the whole amount 
of the taxes collected by them on land which 
shall go to defray all Territorial expences, and 
the said sheriffs shall settle with the auditor 
for all delinquences and for all land which 
could not sell, who is authorised to give them 
credit for the same. 



Fine on shff. 
for over char 
ging ees 



Allowance to 
commissioner 
and sheriff. 



Sec. 15. Be it further enacted. That if 
any sheriff shall charge more than his legal fees 
for the collection of the tax aforesaid, he shall 
be subject to a fine not exceeding three hun- 
dred dollars. That for taking in a list of lands 
as aforesaid, each commissioner shall be allow- 
ed by the court of common-pleas, two dollars 
per day for the time necessarily spent therein, 



* By 5th Section of Act 24 Deer. 1814 it is 
December. 



304 



REVENUE. 



587 



and the sheriff for collecting the taxes afore- 
said, seven and a half per cent which shall be 
allowed by the auditor. 



Sec. 16. Be it further enacted, That all 
residents shall be allowed two years to redeem 
their land, residents by paying the price it sold 
for with one hundred per cent, thereon to the 
clerk of the court of common pleas in the re- 
spective counties. The non-residents by pay- 
ing at the same rate to the auditor, which mo- 
ney the said clerks and auditor shall pay to 
the respective purchasers, their agents or attor- 
ney's, whenever thereto required, and of the 
receipts of which they shall keep a record in 
their respective offices, which at all times shall 
be evidence sufficient to vacate the sales as 
aforesaid. 



Land sold 
may be re- 
deemed and 
how. 



Sec. 17. Be it further enacted. That each 
clerk shall be allowed for the duties enjoined 
on him by this act, the sum of ten dollars. 

Sec. 18. Be it further enacted. That the 
auditor shall cause to be published in some 
news-paper for three weeks successively, such 
parts of this act as relates to listing lands and 
the tax imposed thereon and the time such 
tax will become due. 



Pay of the 
clerk. 



Auditor's 
duty. 



Sec. 19. Be it further enacted. That each 
sheriff shall enter into bond to the governor of 
the Territory, with sureties to be approved of 
by the court of common pleas, in their respec- 
tive counties, in the sum of two thousand dol- 
lars, conditioned for the faithful discharge of 
the duties enjoined on him by this act. 



Sheriff to 
give bond. 



305 



858 



REVENUE. 



Auditor and 
tresurer to be 
appointed. 



Sec. 20. Be it further enacted^ That an 
auditor and treasurer shall be appointed whose 
duty shall be the same as those required by the 
laws of the Indianna Territory as they stood on 
the first day of March 1809, and who shall 
keep their respective offices at the seat of gov- 
ernment. 



AN ACT 



Authorising the appointment of County Com- 
missioners and for other purposes. 

Passed December 25, 1812. 

Section 1 provides for the appointment of the 
County Commissioner. His office is abol- 
ished and the county treasurer discharges 
its duties, by Act. Deer. 2^th 1814. 

Sec. 2, Be it further enacted. That the 
commissioner's list for taking in lands subject 
to taxation shall be in the form following to 
wit: 



306 



REVENUE. 



589 






ft" (^ 



'3;v^ fsi 



'3fVJ p^ 



•3fVJ pu£ 






'S311 

puvj tfjjtn 

ut S3t}UnOQ 





'S31J puvj ii3ti(cn 
uo sasunoj ub^vj^ 




fuvtuwju 

JVUtffUQ 




p3lUUlfU03 
31UDU 3S01{(n UJ 



'p3;u3iv4 

31UVU 3S0J{(n UJ 

Sec. 3. Be it further enacted. That it shall 
307 



590 



REVENUE. 



Auditor to 
procure ab- 
stracts of 
entries. 



Auditor to 
transmit ab- 
stracts. 



Clerk to de- 
liver abstract 
to com. 



Former laws 
repealed. 



Comsr. to 
take in list of 
taxable pro- 
perty. 



Comr. to 
have same 
pov/er as 
sheriff here- 
tofore. 



be the duty of the Auditor and he is herebj' 
authorized & empowered to apply for & procure 
from the proper officers an abstract of all entries 
locations & all confirmed lands by legal author- 
ity, held by individuals and purchased from 
the United States of all lands in the several 
counties in this territory noting where and on 
what creeks, water courses &c. such entries, 
locations, confirmations and purchases have 
been made with the names of the persons for 
whom entered, located and confirmed, and by 
whom purchased from the U. States, & it shall 
be the duty of the auditor to transmit the said 
abstracts of entries locations & confirmations of 
land to the clerks of the respective counties by 
the first day of May next yearly and every 
year which Clerks shall deliver the said ab- 
stracts to the respective commissioners as soon 
as appointed which commissioners shall again 
return such abstracts to the clerks respecively 
after said commissioners shall have finihsed the 
the business enjoined by this law. 

Sec. 4. Be it further enacted. That so much 
of the several laws as makes it the duty of the 
sheriffs in the respective counties to take in a 
list of taxable property in each county annual- 
ly shall be and the same are hereby repealed. 

Sec. 5. And be it further enacted. That 
the commissioners authorised to be appointed 
by this act to take in lists of lands in their res- 
pective counties, shall also take in a list of the 
taxable property in their counties in the same 
manner, and at the same time, and shall exer- 
cise the same powers as heretofore directed 
and vested in the sheriffs of the several coun- 



308 



REVENUE. 



591 



ties by law, that said commissoners shall be 
allowed two dollars per day to be paid out of 
the county levy for the servic'es last mentioned, 
but they shall in no instance charge the territo- 
ry and the county for the same days service. 



That the public auditor shall on failure of 
non-residents to list their lands, list them from 
the best information he can get which list shall 
be proceeded on as if it had been made by 
non-residents themselves. 



Aud. to list 
non residents 
land. 



That whenever lands are listed in one county 
which lie in another they shall be sold and all 
such proceedings be had therein as if they lay 
w^ithin said county in which they may be lis- 
ted. 



Where lands 
are to be sold 



That in no instance shall this law or that to 
which it is a supplement be so construed as 
to oblige one person holding a bond for con- 
veyance and another holding the legal title to 
pay the tax for the same tract of land but pay- 
ment by one shall be sufficient and the person 
holding such bond for conveyance shall pay 
said tax. 



Person hold- 
ing title bond 
to pay tax. 



That in all cases the Treasurer shall pay off 
county claims according to seniority, to as- 
certain which it shall be the duty of the clerks 
to furnish him with a list of the claims and 
the times when allowed which shall be a rule 
to all treasurers. 



Claims paid 
by seignor'y 



That for any failure to execute any duty 
enjoined by this act on all and every commis- 
sioner he or they so offending shall be sub- 



309 



592 



REVENUE. 



Fine on 
commissioner 



commissioner 
io give bond 



ject to a fine of three hundred dollars and no 
commissioner shall without incurring such 
penalty resign his' office till after he has per- 
formed the services required of him for the 
jear in which he shall be appointed. Each 
commissoner shall previous to his entering on 
the duties of his office give bond with security 
to be approved by the court of Common Pleas 
in the penalty of one thousand dollars to the 
governor of the territory conditioned for the 
faithful discharge of his duty which bond shall 
be filed in the clerks office of said courts. 



310 



REVENUE. 



593 



AN ACT 

For levying and collecting an additional Rev- 
enue and to amend the Act for levying and 
collecting a tux on land. 

Passed Dec. 11, 1813. 



Sections from 1 to 
force. 



(inclusive) are not in 



Sec. 9. Be it further enacted. That where 
any tract of land shall be hereafter sold for 
the taxes and costs, the purchaser or purcha- 
sers shall be charged with the taxes which may 
be thereafter due on any such tract or tracts of 
land notwithstanding the time of redemption 
shall not have expired and in case any such 
tract of land shall be redeemed by the former 
owners, as provided by law, after there shall 
have been a subsequent tax due thereon, the 
former owner or owners shall at the time of 
paying to the auditor or clerk the redemption 
money, also pay the amount of such subse- 
quent tax or taxes before he or they shall be 
entitled to a certificate of redemption as provi- 
ded in said act. This act shall commence 
and be in force from and after the passage 
thereof. 



Persons re- 
deeming land 
sold for taxes 
must pay the 
taxes due or 
paid after the 
sale. 



Z Z Z 



311 



594 



R E V E N U E. 



AN ACT 

Supplementary to an act entitled "an act for 
authorising the appointment of county com- 
missioners and for other purposes" passed 
the 25th day of December 1812. 

Passed Dec. 14, 1814. 



Auditor to 
contract with 
the Register 
of the land 
office of Vin 
cennes Shaw 
noetown Kas 
kaskaslcia for 
transcipt. 



Be it enacted by the Legislative Council and 
House of Representatives and it is hereby enac- 
ted by the authority of the same. That the 
auditor be authorised to contract with the Re- 
gisters of the land offices of Vincennes, Shaw- 
anoe Town and Kaskaskia for transcripts 
therein required, for which and the other du- 
ties of him required by the aforesaid act, he 
shall receive a competant compensation yearly 
and every year to be provided by law, Provi- 
ded ahvays, that no transcript so obtained shall 
be included in any subsequent one. 



312 



REVENUE. 595 

AN ACT 

To repeal part of an act entitled "An Act for 
levying and collecting a tax on land. 

Passed Dec. 1, 1814. 

Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives of Illi- 
nois Territory, That so much of the seventh no forfeiture 

, 1 1 r x^ • r for fraudulent 

section of an act passed at the hrst session ot ,.j^,^ 

the Illinois Legislature, on the 23rd day of De- 
cember 1812, entitled "An Act for levying 
and collecting a tax on land" as relates to the 
forfeiture of lands fraudulently given into the 
commissioners shall be, and the same is hereby 
repealed. 

Sec. 2. Be it further enacted, that in all cases 
where persons either residents or non-residents 
shall fail to give in a list of their lands according To pay trip- 
to \^w, such persons shall be subject to pay tripple P'® **"*' 
the tax imposed on said land by Izyv, any laws 
or parts of laws to the contrary notwithstanding. 
This act to commence and be in force from 
and after the passage thereof. 



313 



596 



REVENUE. 



AN ACT 

For levying and collecting a tax on Billiard 
Tables. 

Passed December 22, 1814. 



billiard tables 
taxed. 



Owners to 
enter it with 
the assessor. 



Sher ff to col- 
lect it. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representative and it is 
hereby enacted by the autharity of the same. That 
all and every person or persons who shall erect 
or keep a billiard table within this territory,shall 
anually on the first Monday of January or with- 
in one week after erecting such billiard table, 
enter the same with the assessor of the county 
in which such billiard table shall be erected, 
and it shall be the duty of the sheriff at 
the same time and in the same manner as poin- 
ted out by law to collect the tax on land, to 
receive and collect from each person having 
entered such billiard table the anual sum of 
forty dollars to be paid and accounted for by 
said sheriff in the same manner as the other re- 
venue taxes are accounted for. 



The owner 
fined for fail 
ling to enter 
it with the 
assessor. 



Sec. 2. If any person or persons, who shall 
so keep or erect any such billiard table, shall 
refuse or neglect to enter the same as aforesaid, 
he or she so offending shall on conviction 
thereof by presentment or indictment be fined 
in any sum not less than forty dollars nor 
more than eighty dollars with costs. 



Sec. 3. In case of non-payment of the tax 



314 



REVENUE. 



597 



on the days whereon the same ought to be paid, 
the sheriff shall levy the same by distress and 
sale of the delinquents goods and chattels, ha- 
ving previously given ten days notice of the 
time and place of such sale, and the territory 
shall have a lien on the said billiard tables for 
the said taxes. 



Sheriff to 
distrain for 
the tax. 
Territory to 
have a lien 
on the bill- 
iard table. 



Sec. 4. All audited accounts against the ter- 
ritory shall be received by the sheriffs as col- 
lectors in payment of said tax. 



Audited ac- 
counts reed. 



AN ACT 

To amend an act entitled "An act for levying 
and collecting a tax on land." 



Passed December 24, 1814. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representative, and it 
is hereby enacted by the authority of the same, 
That it shall be the duty of the territorial Au- 
ditor, and he is hereby authorised and empow- 
ered to apply for and procure from the proper 
offices, an abstract of all the entries and loca- 
tions and purchases made by individuals from 
the United States of lands in the several coun- 
ties in this territory, noting where and on what 
creeks or water courses, in what range, town- 



Auditor to 
procure ab- 
stracts of 
land. 



315 



598 



REVENUE. 



To transmit 
them. 



ship, section and quarter section, such entries 
and locations and purchases have been made, 
with the names of the persons, for whom enter- 
ed and located, and by whom purchased from 
the United States, and it shall be the duty of 
the auditor to transmit the said abstracts, as is 
directed by the act, to which this is a supple- 
ment. 



Place of tax- 
ation. 



Duty of the 
commission- 
er. 



Duty of 
clerks of 
county courts 



Sec. 2. Be it further enacted. That all the 
aforesaid lands, shall be taxed as follows, (viz.) 

If located, entered or purchased in the Mis- 
sissippi, Ohio or Wabash bottoms, the same 
shall pay at the rate of one dollar per hundred 
acres — all other located, entered or purchased 
as aforesaid, in any other place, except the Mis- 
sissippi, Ohio or Wabash bottoms, shall pay 
at the rate of seventy-five cents per hundred 
acres, and all unlocated confirmed claims shall 
pay at the rate of thirty seven and a half cents 
per hundred acres. 

Sec. 3. Be it further enacted. That the 
commissioner to be appointed for the respec- 
tive counties, shall not enter on the duties of 
his office before the first day of the month of 
July, yearly and every year; and it shall be 
their duty to finish taking in the lists aforesaid 
by the first day of the month of August, yearly 
and every 3'ear, and within six days thereafter, 
shall make return of the same to the clerk of 
the county court of his county, who shall make 
out two fair copies of the same, one of which 
he shall deliver to the sheriff and the other he 
shall transmit to the auditor of public accounts, 
within ten days thereafter, retaining the origi- 
nal in his office, which original or copies there- 



316 



REVENUE. 



599 



of shall be admitted as testimony in any court 
of record within this territory. 



Sec. 4. Be it further enacted, That each 
sheriff shall have power and it shall be his duty 
to demand of every inhabitant of his county 
the amount of tax due by him, her or them for 
their lands, either personally or by leaving a 
notice at his or their usual or last place of resi- 
dence on or before the first day of the month of 
October yearly and every year. 



Sheriff to 
collect taxes 



Sec. 5. Be it further enacted, That the sheriffs 
of each county respectively, on or before the 
first day of the month of December, yearly and 
every year, pay to the territorial treasurer the 
whole amount of the taxes collected by them 
on land, which shall go to defray the territorial 
expenses, and the said sheriffs shall settle with 
the auditor for all delinquences, and for all 
lands which could not sell, who is authorised 
to give them credit for the same. 



Auditor to 
pay them to 
the territori 
al treasurer 



and settle 
with the 
auditor for 
delinquencies 



Sec. 6. Be it further enacted. That the com- 
missioners to be appointed under the act to 
v/hich this is an amendment may advertise in 
the respective townships of their counties if 
there be any, that he will on a certain day, not 
less than ten days thereafter attend at some place 
in each town-ship, if there be any, otherwise at 
some place that he may suppose convenient to 
the inhabitants, for the purpose of receiving 
from the inhabitants of his county, their lists of 
lands according to law, and such persons are 
hereby required to attend at such places as 
said commisioners may appoint as aforesaid. 



Duty of the 
commission 



317 



600 



REVENUE. 



How claim- 
ants may 
describe tlieir 
land in cer- 
tain eases. 



Sec. 7. That in all cases where ever any 
person may have any doubts as to the original 
claimant of the land which he is required to 
list for taxation, such person .shall in lieu there- 
of be authorised to state the number of the sur- 
vey under which such person claims. 



AN ACT 

Appointing a county Treasurer and defining 
the duties of Collectors and Treasurers. 



Passed December 24th 1814. 



Law mailing 
sheriff treasu 
rer repealed. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives of the 
Illinois Territory and it is hereby enacted by 
the authority of the same, That so much of the 
law of this Territory as makes the sherififs of 
the respective counties, Treasurers thereof, be 
and the same is hereby repealed. 



Gov. to ap- 
point county 
treasurer. 



Sec. 2. Be it enacted by the authority 
aforesaid, That there shall be appointed by 
the Governor one fit person in each county to 
be Treasurer thereof, who shall give bond and 
sufficient security to be approved of by the 
county court of his county as the law directs 
in the penal sum of two thousand dollars for 
the faithful performance of his duty and shall 



318 



REVENUE. 



601 



be under the same rules and regulations and 
exposed to the same fines and forfeitures as 
the sheriffs as treasurers were for any failure of 
duty of his said office. And that he shall per- 
form all the duties required by the different 
laws of this territory of county treasurer. And 
the said treasurer shall receive as a compensation 
for his services five per cent for all monies that 
he may as treasurer receive and pay out; and 
it shall be his duty to pay all sums of money 
as the law directs on proper vouchers being 
exhited to him due by his county. 



his duty. 



his compen- 
sation. 



And it shall be the duty of the Governor to 
appoint a treasurer in each county as soon as 
may be after the date hereof. 



Sec. 3. And be it further enacted, That it 
shall be the duty of said treasurer to settle with 
the county court of his county at each session 
thereof annually for all monies he shall before 
said court at any time have received, and paid 
out with his vouchers for the same. And it 
shall be the duty of the district or territorial 
attorney to be present at said settlement with 
the treasurer once in each year, & he shall aid 
the court in deciding on the validity of the 
vouchers presented by him in the said settle- 
ment and all payments shall at all times be ac- 
companied with a list of the persons names to 
whom payment is made, the amount and what 
for, and the attorney so attending shall receive 
out of each county treasury he attends the sum 
of ten dollars therefor annuallv. 



Tresurer to 
settle with 
county court 
at every term 



Prosecuting 
attorney to 
assist court In 
settlement. 



His compen- 
sation. 



a4 



319 



602 



REVENUE. 



ShfF. to set- 
tle w h trea 
surer — when 



Penalty for 
failing to do 



Treasurer to 
inform prose 
cuting att r 
ney of balan 
ces due by 
shfTs. 



Shff to exhi 
bit a list of 
delinquents. 



Shff. to pub> 
lish delin- 
quents nam's 



Sec, 4. And be it further enacted, That it 
shall be the duty of each sheriff of the respect- 
ive counties to settle with and pay into the 
treasury of their respective counties at each 
and every county court, yearly and every year 
from the date hereof all arrearages of his county 
levy and all other monies belonging to the 
county treasury under the penalty of one 
thousand dollars for refusing or failing to com- 
ply w^ith the provisions of this section to be 
recovered for the use of the county in any 
court of record having jurisdiction thereof. 
It shall be the duty of the treasurer vi^here he 
finds on the Books of the court of his county 
that the sheriff has not paid the full amount of 
the tax for any preceding year, he shall in- 
form the prosecuting attorney thereof, whose 
duty it shall be to institute an action against 
any of said sheriffs for the recovery of the 
sum apparently due to the county treasury. 
But he shall be allowed a deduction out of the 
amount of the county levy for the real delin- 
quencies and insolvencies and for no more. In 
all payments to the treasurer, the sheriff shall 
be obliged to exhibit a list of the persons 
names from whom he received the same with 
the respective amounts to each name annexed. 

Sec. 5. Be it further enacted. That it shall 
be the duty of the sheriffs of the respective 
counties, to put upon the most public places of 
the court house of his county on the first day 
of the court next after or at which he makes 
the last settlement for any year as directed by 
this law, a list of all the names of the delinquents 
and insolvents for which he claims a deduction 
on his said settlement with the county treasurer, 



320 



REVENUE. 



603 



and should said sheriff return untruly any 
name or names for any person or persons as 
delinquents or insolvents for every such name 
so returned shall forfeit and pay to the use of 
the county of which he is sheriff the sum of 
twenty five dollars in any court having juris- 
diction thereof. 



If he returns 
untruly. 



Sec. 6. Be it further enacted, That it shall be 
the duty of each Treasurer to put upon the 
door of the court house of his county a list of 
the names and of the amount given him in pay- 
ment by the sheriff of his county for the years 
county revenue and levy, to the and, that each 
one may see if the sheriff has accounted with 
the Treasurer for the exact sum he has receiv- 
ed from each individual and the said Treasu- 
rer shall copy the same in a fair legible hand in 
alphabetical order and receive therefor out of 
the county Treasury the sum of ten dollars. 



Treasurer to 
publish nam's 
sums &e. 



his compen- 
sation 



Sec. 7. Be it further enacted, That it shall 
be the duty of the clerk of the county court 
for each county immediately after the assess 
ment made of the county levy and revenue to 
put up at the court house door of the county 
the assessment of the rates of all property made 
by the court to the end that the public may 
know the sum that they are bound to pay to 
the collector of the county. And the respec- 
tive clerks shall receive for their copies of said 
list the sum of two dollars out of the county 
Treasury. 



Clks to pub 
lish rate of 
assessment. 



his compen- 
s ion. 



Sec. 8. Be it further enacted, That it shall 
be the duty of the Territorial attorney to pro- 



321 



604 



REVENUE. 



Prosecuting 
attornie to 
prosecu e for 
ifsiiures. 



his fee. 



secute for each county for all failures of duty 
arising under this act and for every prosecu- 
tion had under this act against any sheriff or 
Treasurer there shall for his fee be taxed in a 
bill of costs the same sum that is or may be al- 
lowed on indictments or presentments. 



Treasurer to 
deliver to 
sheriff blanic 
certificates. 



Sec. 9. Be it further enacted, That the res- 
pective Treasurers of the counties shall at the 
first county court in each county make out 
and deliver to each sheriff a number of blank 
certificates of every description belonging to 
the county revenue of the same nature that the 
sherifiFs were by law authorized to grant, and 
take receipts for the same, from the sheriffs, 
who shall be entitled to a discount in his set- 
tlement with the treasurer on all he may return 
of such blanks. 



Treasurers 
allowance 
or stationary 



Sec. 10. Be it further enacted, That the 
treasurers to be appointed under and by vir- 
tue of this act shall be entitled to the sum of 
ten dollars annually as a compensation for 
books and stationary necessary to the said of- 
fice. 



Treasurer to 
perform he 
duties of 
county com 
missioner. 



Sec. 11. Be it further enacted, That the 
said treasurers shall in their respective counties 
hereafter perform all the duties required by 
law of commissioners for taking in a list of tax- 
able property and that in future no commis- 
sioners shall be appointed for that purpose, 
but such treasurer shall have the same com- 
pensation therefor as county commissioners 
have hitherto had. 



322 



REVENUE. 



605 



AN ACT 

For the relief of those who forfeited lands by 
failing to give a list to the Com?nissioners. 

Passed Deer. 8, 1814. 



Whereas it has been represented to the 
General Assembly of the Illinois Territory 
that the owners and possessors of land in some 
instances have failed to list all their lands sub- 
ject to taxation as the law directs, and the land 
in consequence thereof is forfeited to the use 
of the Territory for remedy thereof. 



Preamble 



Be it enacted by the Legislative council and 
House of Representatives of the Illinois Ter- 
ritory and it is hereby enacted by the authori- 
ty of the same, That in all cases, where the 
owner or owners of land in said Territory have 
omitted or neglected to list all their lands sub- 
ject to taxation as the lav/ requires, that the 
land so omitted or neglected to be listed may 
be redeemed by the payment of tripple tax on 
the same, Provided^ the owner or owners there- 
of pay into the ofHce of the auditor, the same, 
on or before the first day of March next, and 
the auditor is hereby authorised and em.power- 
ed to receive the same and to give a receipt 
for the same. 



To pay trip 
pie tax to the 
auditor be 
fore 1st of 
March 1815. 



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



323 



b06 REVENUE. 

AN ACT 

To authorise the courts of counties within this 
Teritory, to draw on the county Treasurer^ 
for the services and expences therein men- 
tioned. 

Passed September 11 th, 1807. 



C. P. to or 
der paymt. 
demands vs. 
county for 
fees wood &c 



Sec. 1. Is not in force. 

Sec. 2. The said several courts are empow- 
ered, and are hereby required to order the 
Sheriffs as Treasurers of their respective coun- 
ties, to pay to all and every person or persons 
having any claims or demands, as well for 
attending the several courts of record in the 
said counties, as Constables or otherwise, for 
fire wood, and court house rent, and the fees 
due to witnesses, and the several officers of the 
courts in the public prosecution of those per- 
sons who were either acquitted of the charges 
brought against them, or discharged or una- 
ble to pay the fees, all of which shall be certi- 
fied by the said court, in which such prosecu- 
tions were had, attendance given, or expences 
accrued ; which orders shall be by said Sher- 
iffs, as Treasurers, paid accordingly, out of 
any county monies in his hands. 

Sec. 3. All costs, fees and charges to which 
the officers of the counties are now or may 
hereafter be entitled, for, or on account of any 
public prosecution, in either the superior or infe- 



324 



REVENUE. 



607 



rior courts, shall be paid out of the county 
funds respectively, on an order attested by the 
Clerks of either court, as the case may be; 
and it is further provided. That the salaries 
that are now or vi^hich may hereafter be due, 
to any county Sheriff, or to the Clerk of the 
General court, shall be paid out of the county 
funds, on an order of the court of Common 
Pleas, attested by the Clerks thereof, of the 
counties respectivly. 

*Sec. 4. On all presentments or indictments 
hereafter to be found in this territory, the name 
or names of a prosecutor or prosecutors, shall 
be endorsed on every indictment or present- 
ment, in default vi^hereof, the said indictment 
or presentment, shall be immediately quashed 
by the court, 

Sec. 5. In case the defendant or defendants 
in any indictment hereafter to be found 
against him or them, shall be acquitted of the 
charges brought against him, her or them, 
or shall otherwise be lawfully discharged, the 
person or persons, whose name or names are 
endorsed on the said indictment, or presentment, 
as prosecutor, or prosecutors, shall be obliged 
to pay all the costs of the prosecution of such 
indictment or presentment, unless the court in 
their opinion shall think there were probable 
grounds for prefering the same; for which 
costs execution may issue against the said pro- 
secutor or prosecutors, his, her or their bodies 
or estates. 



Name of pro 
secutor endor 
sed 



In case of ac 
q itfal prose 
cutor to pay 
costs. 



Unless the 
court certify 
ther were 
probable 
grounds 



* Sec. 4. Is altered by the "Act concern- 
ing indictments and presentments." — Passed 
December 22, 1814. 



325 



608 



REVENUE. 



A L A W 



To regulate County Levies. 



Passed Sept. 17, 1807. 



What proper 
ty subject to 
cnty, levie* 



Sec. 1. All houses in town, town lots, out 
lots, and mansion houses in the country, which 
shall he valued at two hundred dollars and 
upwards, all water and wind mills, 
and ferries, all stud horses, and other 
horses, mares, mules and asses, three years 
old and upwards, all bound servants and slaves, 
except such as the court of Common Pleas 
shall exempt for infirmities, between sixteen 
and forty years of age, within this territory, 
are hereby declared to be chargeable for de- 
fraying the county expences, in which they 
may respectively be found, to be taxed and 
collected in such manner and proportion as 
hereinafter directed. 



Shf?s. to re 
ceive written 
list* under 
oatli. &e. 



* Sec. 2. The sheriffs in the several coun- 
ties within this territory shall and are hereby 
empowered and required as hereinafter menti- 
oned, to receive from each and every person or 
persons chargeable with taxes under this law, 
a written list under oath, containing a just and 



* This duty is noiu perforined by the county 
treasurer — See the act of December 24-th 1814. 



326 



REVENUE. 609 

true account of all and every species of pro- 
perty in his or her possession or care, subject 
to taxation under this law, and the said sheriffs 
respectively, are hereby empowered and di- 
rected to administer the following oath or af- 
firmation to such persons: 

I, A B, do solemnly swear or affirm, as the Form of the 
case may be, that this list signed by me, con- ** * 
tains a just and true account of all persons and 
of every species of property in my possession 
or care, within this county, and that no con- 
tract, change, or removal has been made or 
entered into, or any other method devised, 
practised or used by me, in order to evade the 
payment of taxes. 

Section 3 is not in force. 

Sec. 4. If any person or persons shall give 
or deliver to a sheriff a false or fraudulent list pe tons liabl* 
of persons or property subject to taxation, or fraudulent 
shall refuse to give a list on oath or affirmation list &e. 
to the sheriff, the person or persons so refus- 
ing shall be liab e to a fine of fifteen dollars, 
and the sheriff shall proceed to list such person 
or persons porperty agreeable to the best infor- 
mation he can procure; and all such property Duty of shlF 
so ascertained shall moreover be subject to a 
tripple tax, to be collected and distrained for by 
the sheriff of the county, as in other cases; and 
in case of an imperfect, false or fraudulent list, 
the person or persons giving the same, shall be 
subject to pay a fine of fifteen dollars, and the 

b4 

327 



in sueli cose 



610 



REVENUE. 



Fines when 
recoverable 



property subject to a tripple tax; which fines 
and triple tax shall be recovered in the county 
court of Common Pleas by the following mode 
of proceeding, and applied as hereinafter di- 
rected. 



How such 
fines are re- 
coverable. 



Sec. 5. The sheriff shall give information 
thereof personally, or if unable to attend, in 
writing, under his hand to the next court, of 
Common Pleas, held for his county; which 
court shall forthwith direct the clerk to 
issue a summons, requiring the party to ap- 
pear at the next court to be held for the county 
to shew cause if any he can, why he should 
not be fined, and triply taxed for giving an 
imperfect or fraudulent list of his or her tax- 
able property: and the person or persons up- 
on being served therewith by the coroner and 
appearing, shall immediately plead to issue; 
and the matter thereof shall be enquired into 
by a jury or the court at the defendants opti- 
on; and on conviction, or the person not ap- 
pearing, being summoned, the fine and tripple 
tax shall be established by the judgment of the 
court; who, unless good cause shewn to the 
next succeeding court for such failure, shall 
award execution for the fine and costs, and 
certify the amount of the tax to the sheriff for 
collection; the amount of which fine after de- 
ducting thereout, such allowances as the court 
may think reasonable to make to the coroner 
for his extraordinary trouble on the occasion, 
shall be applied towards lessening the county 
levy, & the tripple tax shall be charged to the 
sheriff, and accounted for in like manner, as 
other taxes. 



328 



REVENUE. 



611 



Sec. 6. Every person or persons having 
knowledge of any incorrect, false or fraudulent 
list being given a sheriff, shall give information 
thereof, either to a sheriff or the county court 
of Common Pleas in like manner as the sheriff 
is directed, and thereupon the same mode of 
proceeding shall be had as if the sheriff gave 
information; and the person informing shall be 
entitled to receive one half of the fine imposed 
on the offender or offenders to his ovi^n use, and 
the other half to be applied tow^ards lessening 
the county levy. 



Persons ha- 
ving knowl- 
edge of such 
false or frau. 
dulent list fo 
give informa- 
tion &c. 



Informer to 
eceive half 
'^he fine. 



Sec. 7. In case any person taxable should 
not give in a list of his taxable property, and 
it should appear to the sheriff that such absence 
was not intentional or done with a view of 
avoiding the delivery of such list, it shall be 
lawful for the sheriff to receive his or her list 
at any time at the dwelling house of the sheriff; 
Provided^ such person tenders his or her list to 
the sheriff and makes oath to the justness of it, 
on or before the twentieth of March annually, 
and in case of failure the sheriff shall proceed 
in like manner, as is before directed in cases 
for refusal to give in lists and the courts shall 
determine upon the circumstances of the case, 
whether to inflict or remit the fine and tripple 
taxes 



Persons taxa- 
ble not giv- 
ing in lists. 



May deliver 
same to she- 
riflF &c. 



Sec. 8. The sheriffs in the several counties 
throughout this territory, shall, and they are 
hereby required to make two fair and com- 
plete lists of the persons and property so taken 
in, and arranged in alphabetical order, in man- 
ner following to wit: 



Shff to make 
out two lists 



329 



612 



REVENUE 



Their form 



Names of persons. 



Number of bond servants and 
slaves. 

Number of horses &c. above three 
years old. 

Number of neat cattle above three 
years old. 

Number of stud horses. 
Rate the season. 



One he shall 
keep the o 
ther deliver 
to elk. C P 



Duty of elk 



One of w^hich he shall keep, and the other, 
together vv^ith the vouchers, taken by him as 
aforesaid, shall deliver to the Clerk of the court 
of Common Pleas, on or before the last day of 
March, yearly; which lists and vouchers the 
Clerk shall file in his office, and the Clerk of 
the said court shall make thereof a true tran- 
scrpt, which he shall lay before the court, at 
the same term at which they audit the public 
accounts, for their examination and allowance ; 
the bill of tax being allowed by the said court, 



330 



REVENUE. 



613 



they shall annex thereto their warrant, under 
the hand and seal of the presiding Justice; and 
the Clerk of the said court shall ten days there- 
after, deliver the same to the Sherifif for collec- 
tion; for which, and for all other services ren- 
dered under this law, the said Clerk shall re- 
ceive from the county ten dollars. Every 
Sherifif so charged shall collect all sums for 
which he is accountable within four months af- 
ter he is charged with the collection of the 
same, and shall be allowed in full compensation 
for his trouble in taking in the property, and 
collecting the levy ten per centum, on all sums 
by him collected; and the said Sheriff shall pre- 
viously to his entering on those duties, take 
and subscribe, before any Justice of the Peace 
the following oath or affirmation. 

"I do solemnly swear or af- 

firm (as the case may be) that I will faithfully 
and impartially execute the office of collector 
of county, according to the best 

of my abilities." 

Which oath shall be filed by the said Jus- 
tice with the Clerk of the court of Common 
Pleas, and the said Sheriff shall enter into a 
bond, in the penalty of two thounsand dollars, 
payable to the Governor of the territory, and 
his successors in office, with two or more res- 
ponsible sureties, and bound for the faithful 
collection, accounting for, and paying the 
sums wherewith he shall be chargeable, as 
collector of the county, in manner directed by 
law; and every sheriff so charged to collect 
the county taxes and levies, may appoint one 
or more deputies to assist him, as well in tak- 



When bill of 

tax allowed 

t to annex 

their wrnt. 



When elk to 
deliver it to 
sheriff 



Sheriffs ac- 
countable 
within &c. 



Form &c 



331 



614 



REVENUE. 



Sheril?s may 
appoint de 
puties &c 



Shffs remedy 
vs depty 



ing in the property, as in the collection of the 
levy, for whose conduct he shall be answera- 
ble; which deputies shall have the same pow- 
er as the sheriff himself, and such sheriff shall 
have the same remedy and mode of recovery 
against his deputies or either of them, and 
their sureties respectively for any sums of mo- 
ney which by virtue of this law such sheriff 
may be subject to the payment of, on account 
of the transactions of any of his deputies, as he 
himself is subject to by law; and all monies 
collected by the sheriff as aforesaid, shall re- 
main in his hands, subject to the orders of the 
court of Common Pleas of each county res- 
pectively, for the payment of the debts of the 
county. 



Rate of tax- 
ation etc 



Sec. 9. The following rate of taxation shall 
be observed by the court of Common Pleas 
in levying the county tax, viz. 



On each horse, mare, mule or ass a sum not 
exceeding fifty cents. 

On all neat cattle as aforesaid, a sum not ex- 
ceeding ten cents. 

On every stud horse a sum not exceeding 
the rate for which he stands at the season. 

Every bond servant or slave as aforesaid, a 
sum not exceeding one hundred cents. 

And every able bodied single man of the 
age of twenty one years and upwards, who shall 
not have taxable property to the amount of 



332 



REVENUE. 



615 



two hundred dollars, a sum not exceeding one 
dollar, nor less than fifty cents. 



Sec. 10. It shall be the duty of the court of 
Common Pleas throughout this territory, at 
the first term next after the last day of March 
annually, and at such other special session as 
they shall appoint, to proceed to audit and ad- 
just all claims and demands against their coun- 
ties, allowing all just claims and demands which 
now are, or hereafter shall be chargeable upon 
the said counties respectively. 



C P to audit 
and a just all 
claims etc 



*Sec. 11. The several courts of Common 
Pleas throughout this territory at their court 
preceding the thirty-first day of March, annu- 
ally, shall appoint two discreet freeholders in 
each township who shall proceed to appraise 
and value each house in town, town lot, town 
out lot and mansion house in the county of the 
value aforesaid and also shall appraise and value 
all water and wind mills situate on such tract of 
the county as may be assigned to them respect- 
ively, by the court of Common Pleas, taking 
into view the situation and value of the same; 
and the said freeholders, .after having fixed such 
valuation, shall proceed and make out two 
fair alphabetical lists thereof, stating the pro- 
prietors or occupiers of such lots and mills, 



C P to ap 
point valu 
ers etc 



Wafer and 
wind mills 



Freeholders 
to make two 
a habetical 
lists 



*This is altered by Act 20th, of July 1809. 



333 



616 



REVENUE. 



with the valuation of each annexed to the same 
in form foUowi g, viz. 



Their form 



How dispos 
ed of 



Proprietors, owners, or occuniers 
names, 

Town lots and out lots. 

Wind and water mills 

Houses &c. 

Valuation in doUlars. 



one of which lists of valuation the said free- 
holders shall keep, and deliver, the other to the 
court of Common Pleas at the next term to be 
held for said county, which lists shall be filed 
by the Clerks in their respective offices; and 
the said court of Common Pleas, shall at the 
same time when they lay the county tax, levy 
a sum not exceeding thirty cents on each hun- 
dred dollars of such apprised value. 



Duty of crt 
in levying 
tax etc 



Sec. 12. It shall be the duty of the court of 
Common Pleas throughout the territory, at the 
same term at which they audit the public ac- 



334 



REVENUE. 



617 



counts of the sheriff, for monies collected and 
paid by him as aforesaid, and having collected 
all such claims and demands against the county 
as are just and reasonable, to proceed to ascer- 
tain the probable expences of the county, the 
aggregate amount of claims allowed, and also 
such sum or sums of money as will be neces- 
sary to carry into effect any contract that shall 
have been made, for building or repairing any 
county jail, court house or bridges, adding 
thereto the expence of collection, and such 
other sum or sums of money as the said court 
of common pleas shall conceive needful, to 
make good deficiencies in collections, insol- 
vencies, delinquencies, and other contingen- 
cies; and the said court shall take into view the 
money (if any there be) in the treasury, and 
probable amount that will be received from 
licences to vend and retail merchandize, tavern 
licences and taxes on ferries, and other sources 
of county revenue, such as fines forfeitures, 
&c. After which the said court shall proceed 
to levy a tax upon the owners, proprietors or 
occupiers of all and singular the objects of tax- 
ation pointed out by this or any other law; hav- 
ing due reference to the returns of the sheriffs 
and freeholders aforesaid, and the rule of taxa- 
tion; truly apportioning such tax upon all ob- 
jects taxable by this law, so as to raise a sum 
of money sufficient to answer and satisfy all 
demands then existing against the said county, 
or which shall afterwards become due by vir- 
tue of any contract or contracts by the said 
court of Common Pleas, in behalf of the coun- 
ty as aforesaid, previously made and entered 

c4 



When court 
shall ascer- 
tain expen- 
ces. &c. 



When said 
cou shall 
levy tax &c. 



Court to ap 
portion tax. 



335 



618 



REVENUE. 



into and to answer such other contingent 
county expences as the necessities of the said 
counties may require. 



Shff to grant 
certificate 
for sale of 
goods. 



*Sec. 13. Every person within this terri- 
tory being owner, occupier or possessor of 
merchandize, other than the produce or man- 
ufacture of this territory, shall previously to 
offering the same for sale by himself or agent 
within the territory, or on any of the waters 
within or bounding the same, pay to the she- 
riff for the use of the county in which he or she 
resides, or offers such merchandize for sale, 
the sum of fifteen dollars for each store, or 
stand in which he or she may vend any such 
merchandize, and the sheriff on receipt thereof, 
shall give such person paying as aforesaid, a 
certificate in the words following, viz. 



Form of cer- 
tificate. 



"Indianna Territory county, 

the day of 
this certifies that A B, is authorised to vend 
merchandize within this Territory, for one year 
from the date hereof, the said A B, having 
this day paid to me C D, Sheriff of the said 
county of the 

sum of fifteen dollars, it being the annual tax 
imposed on the retailers of merchandize by a 
law of this Territory 

C D, sheriff 
of the county of 



Any person obtaining a certificate as afore- 
said, shall be authorised to vend and sell mer- 



*This is altered by act 20th, July 1809 
336 



REVENUE. 



619 



chandize by retail in this Territory for one 
year from the date of the same, and no longer. 
And if any person or persons shall presume by 
himself or his agent to vend or sell any kind 
of merchandize within this Territory, or on 
any of the waters aforesaid, not the growth or 
manufacture of said Territory, not having first 
obtained a certificate as aforesaid, he, she or 
they so offending, shall for every such offence 
forfeit and pay a sum not exceeding eighteen 
dollars, to and for the use of the county, in 
which the offence was committed, to be recov- 
ered at the suit of the Sheriff, whose duty it is 
hereby made to prosecute therefor, before any 
court proper to try the same ; and the Sheriff 
is hereby required to keep a fair account of all 
monies received as aforesaid, and also a regular 
account of the dates of all the certificates by 
him given to retailers or venders of merchan- 
dize, under this law; and it shall be the fur- 
ther duty of Sheriffs respectively, to lay the 
same before the county courts of Common 
Pleas at the same time at which they audit the 
public accounts annually. 



Penalty for 
selling with, 
out certifi- 
cate. 



Shff. to pro- 
secute for 



Shtf. to keep 
account of 
monies re- 
ceived &c. 



Sec. 14. It shall be the duty of the court 
of Common Pleas, in each and every county, 
at their term next after the thirty first day of 
March, annually, to fix and establish a reason- 
able tax or duty upon each ferry within their 
respective counties; the said court in fixing 
said tax, to take into consideration the value 
and income of said ferries; Provided, That 
no one ferry shall be taxed in one year more 
than ten dollars; and it shall be the duty of 
the courts of Common Pleas, when they lay 



When court 
shall lay tax 
on ferries. 



337 



620 



REVENUE. 



the county levy, to tax the owners or proprie- 
tors of such ferries accordingly. 



Penalty on 
shfF for de- 
manding 
more tax 
than by law 
allowed &c. 



Sec. 15. If any Sheriff shall take, demand 
or receive of any person from v\7hom taxes are 
due, more than his, her or their proper taxes, 
or shall in any sale of property taken for taxes, 
act contrary to the true intent and meaning of 
this act, or shall neglect or refuse to render a 
just and true account of all such sales to the 
county courts of Common Pleas, he shall for- 
feit and pay any sum not exceeding one hun- 
dred dollars, to be recovered by action of debt 
qui tarn, or by indictment, before any court 
having jurisdiction; the one half to the person 
suing for the same, the other half to the 
use of the county; and moreover be sub- 
ject to the suit of the party injured for dama- 
ges. 



Shffs to set 
the accoun 
annually. 



And shall be 
credited &c. 



*Sec. 16. All Sheriffs shall settle and close 
their accounts annually with the county courts 
of Common Pleas at the second term after the 
period at which they are obliged by this law 
to finish the collection of the taxes, and shall 
in their settlements be credited for all the or- 
ders of the said court by them produced, and 
by such deficiencies arising from delinquen- 
ces, and insolvencies as the said court shall al- 
low; together with the commission on, and 
paying the monies by them received; but 



*See the Act of December 24th 1814 /. 
the appointment of county Treasurer. 



'or 



338 



REVENUE. 



621 



should any such Sheriff fail or neglect to settle 
his accounts in manner aforesaid, it shall be 
the duty of attorney prosecuting the pleas in 
the respective counties, on giving such delin- 
quent Sheriff and his security their executors 
or administrators, ten days notice thereof in 
writing, delivered personally, or left at the 
usual place of abode, on motion to obtain a 
judgment against them before any court hav- 
ing competent jurisdiction for the amount due 
such county, with an interest of twelve per cent 
thereon from the time the same became due: 
Provided always. That if any such delinquent 
Sheriff, shall produce his account, authentica- 
ted as aforesaid, to the court to which he is 
noticed, judgment shall not be taken for more 
than the ballance due the county with inter- 
est as aforesaid. 

Sec. 17. The several courts of Common 
Pleas shall have power, and they are hereby 
authorised to make and enter into contracts in 
the name and behalf of their said counties for 
building anew, or repairing county jails, court 
houses, pillories, stocks and whipping posts, 
and county bridges, where and so often as the 
courts of Common Pleas may conceive the 
interest or convenience of said counties may 
require; and the better to carry such contracts 
into operation, the said courts respectively may 
appoint one or more persons, to superintend 
such buidings or repairs, and to see that the 
same is done agreeably to the conditions of 
such contract; and to make reasonable allow- 
ances to such person or persons, for his or 
their services therein. The original contracts 
so by the said courts to be made, for the pur- 



Shff failing 
to settle. 



Ten days no 
tice given by 
attorny. 



Power of cts 
of C. P. to 
contract &e. 



339 



622 



REVENUE. 



Proviso. 



Penalty for 
neglecting or 
refusing to 
perform duty 



Where and 
how to be 
recovered. 



poses aforesaid, shall be filed in the office of 
the clerk of the said court, and the said courts 
are hereby authorised and required to pass, 
audit and allow the accounts and demands ar- 
ising under such contracts made by said court, 
the same being certified by three Justices of 
said court, and to draw orders in favor of such 
creditors, in like manner as they draw other 
orders on the treasury: Provided always. 
That no such contracts by the said courts to 
be made shall be of any force or authority to 
warrant the said court to allow or pass any ac- 
counts or demands arising thereon, unless the 
person contracting with the said court, shall 
enter into bond with one or more sufficient surety 
or sureties, to be approved of by the said court, 
in double the sum of said contract, payable to 
to the justices of said courts for said county, 
or their successors in office, conditioned for 
the faithful performance of such contract, 
which .bond, when executed, shall be lodged 
with the clerk of said court, in trust for said 
county. 

Sec. 18. If any Justice of the Peace, She- 
riff as collector, Coroner, Clerk of the court, 
lister or freeholder, shall neglect or refuse to 
do or perform any of the duties required of 
them, by this law, he, she or they so offending, 
shall forfeit and pay any sum not exceeding 
one hundred dollars, to be recovered before 
any court having jurisdiction, by action of 
debt, qui tarn, or indictment, one moiety to 
the person suing for the same, the other to the 
use of the county. 

Sec. 19. If any person charged with coun- 



340 



REVENUE. 



623 



ty taxes or levies by virtue of this act, shall 
neglect or refuse to pay the same to the collec- 
tor, or his deputy, within three months next 
after the court of common pleas at which the 
county tax or levy is, or shall be approved, the 
collector or his deputy, shall have power to 
take the property of such delinquent, he first 
having demanded the same, and furnished such 
person with the sum of his or her tax, ten 
days before such distress made, or having left 
a copy of such tax, ten days as aforesaid, at 
the usual place of abode of such delinquent, & may 
proceed to sell the same to the highest bidder : 
Provided always. That ten days previous 
notice of such sale be given by advertising 
the same in the most public place in the town- 
ship where such delinquent resides: And pro- 
vided alsoj That the delinquent may at any 
time before the property distrained be sold, 
ask for, demand, and receive the same, on 
tendering his or her taxes then due, and the 
expences of keeping the property distrained. 
And in case the property taken sells for more 
than the taxes that are due, the collector shall 
pay the overplus, after deducting reasonable 
expense for keeping and taking care of such 
property, to the person from whom the same 
was taken, and the said collector shall keep a 
fair and regular account of all such sales, 
stating particularly what he detained for his 
trouble in keeping the property &c. and lay 
the same before the court of Common Pleas 
who shall examine the same, and if they find 
the collector has acted in any wise improper, 
they shall forthwith, see justice done to the 
party injured. 



Persons refu 
sing or neg- 
lecting to 
pay tax. 



Collector or 
deputy to 
take proper- 
ty 



Notice giv 
en before 
sale. 



Delinquents 
may redeem 
property. 



If property 
overpays 
overplus re- 
turned 



Keep account 
of sale 



341 



624 



REVENUE. 



Persons ag- 
grieved may 
appeal. 



When appeal 
to be made 



Sec. 20. And if any person shall think 
himself aggrieved by the valuation of his or 
her house, by the freeholders to be appointed 
for that purpose, he or she may appeal to the 
court of Common Pleas of the county, who 
shall in a summary vi^ay, hear and determine 
upon the case, and shall confirm or alter the 
assessment of the said freeholders as to them 
shall appear just and reasonable: Provided al- 
ways. That the appeal shall be made before 
the bill of taxation shall be put into the hands 
of the sheriff for collection. 



Household- 
ers to give 
in young 



Sec. 21. It shall be the duty of all the 
householders in their respective townships to 
give in to the sheriff at the same time that they 
deliver in a list of their taxable property, and 
under the like penalties, the names of all single 
men above the age of twenty-one years, and 
who have not taxable property to the amount 
of two hundred dollars, who lodge or dwell in 
their respective houses, and if any such single 
man &c. as above mentioned, shall neglect, 
or refuse, on application being made to him, 
for the purpose, by the sheriff or his deputy, 
to pay his tax, it shall be lawful for such sheriff 
or deputy, to commit such delinquent to the 
county jail, where he shall remain, until the 
said taxes shall be paid, unless some respon- 
sible person person in the opinion of the sher- 
iff shall be forthcoming therefor. 



342 



REVENUE. 



625 



AN ACT 

Laying a Tax on Law Process. 

Passed Septr. 17, 1807. 

Sec. 1. The following tax on law process, 
shall be paid for the use of the counties res- 
pectively. 

D. C. 

On each appeal from any court of 
Common Pleas to the General 
Court. 1 



Tax for use 
of county. 



Rateiw 



On each writ or declaration in 
ejectment, instituting a suit in 
any court of Common Pleas 

On each certificate under the seal 
of any court of Common Pleas 

Which taxes shall be by 
clerks taxed in the bill of costs. 



50 



50 



the respective 



No writ or declaration in ejectment, shall be 
issued or filed, by any clerk of the court of 
Common Pleas, unless the tax hereby imposed 
be paid down, and in all app)eals, no trans- 
cript of the record shall be delivered to the 
appellant by the clerk of the court, or forward- 
ed by him to the General Court, before the 
tax thereon be paid; nor shall any certificate 
under the seal of the court of Common Pleas 
be granted, until the tax thereon be first paid to 
the clerk keeping such seal. 



d4 



No dec'n 
received, &c 
til tax paid. 



343 



626 



REVENUE. 



Clk. to keep 
acpts. 



When settle 
and pay 
treasurer. 



Under penal, 
ty &c. 



The clerks of the several courts of Common 
Pleas shall keep regular accounts of all monies, 
which they may or ought to have received, in 
pursuance of this law; and shall on every the 
first Tuesday of March and September, ac- 
count with, on oath, and duly pay to the sheriff 
as tressurer of their respective counties, for the 
use thereof, the said several sums of money by 
them received, under the penalty of paying to 
the use of the county, for every default or ne- 
glect the sum of one hundred dollars, to be re- 
covered with costs of suit, on motion of the 
sheriff as treasurer of the county; in the Gene- 
ral court on giving ten days previous notice of 
such motion. 



A LAW 

To repeal "An act, to alter and repeal certain 
parts of an act, entitled a law to regulate 
county levies. Also to amend and alter the 
said law entitled a law to regulate county 
levies" and to enforce the collection of the 
county levies for the year 1809. 

Passed July 20th, 1809. 

Sec. \ Sc 2, Is not in force. 



ShfF. to val- 
ue certain 
property. 



Sec. 3. Be it further enacted, That so 
much of the eleventh section of the said law as 
requires the courts of Common Pleas to ap 



344 



REVENUE. 



627 



point two freeholders in each township to value 
and apprise each house in town, town lot. 
Town out lot, and mansion house in the countj' 
and all water and wind mills shall be and the 
same is hereby repealed — and that the sheriff 
of the respctive counties shall proceed to ap- 
praise and value the same in the same manner 
as the said freeholders were by the said law 
required to do. And the said county courts 
at the time when they are by this law required 
to lay the county tax, shall levy a sum not 
exceeding thirty cents on each hundred dollars 
of such appraised valuation. 

Sec. 4. Be it further enacted that so much 
of the thirteenth section of the said law as 
authorises sheriffs of the several counties to is- 
sue certificates to sell merchandize shall be and 
same is hereby repealed. And that from 
henceforth, every possessor of merchadize 
shall previously to offering the same for sale by 
himself or agent, pay to the sheriff as treasurer 
the sum of fifteen dollars for the use of the 
county and take his receipt therefor, which he 
shall take to the clerk of the county court who 
shall thereupon file the same and deliver to the 
person producing the same a certificate in the 
form prescibed by the said law altering it 
howsoever so far as to mention that the tax for 
such certificate had been paid to the sheriff as 
it appeared by his receipt delivered to the said 
clerk and the said sheriffs and clerks shall keep 
seperate accounts of the monies received and 
certificates issued, noting therein the dates 
when paid and issued, and to whom, which ac- 
counts they shall deliver and produce to the 
county courts when required. 



Retailers of 
mechandize 
to obtain 
license. 



345 



628 



ROADS. 



Sec. 5 bf 6, Is not in force. 



ShflFs. com- 
pensation. 



Sec. 7. The sheriffs shall be allowed in full 
compensation for their various duties under this 
law and the said law to regulate county levies 
ten per cent on all sums by them collected and 
paid. — 



ROADS. 



AN ACT 



For opening and regulating Public Roads and 
Highways. 

Passed September 17, 1807. 



Pube. roads 
to be opened 
&e. 



C. of Q. S. 
their power. 



Sec. 1. All public roads or highways estab- 
lished by lawful authority, shall be opened, 
amended, and kept in repair, agreeable to the 
directions of this act, and the courts of com- 
mon pleas in their respective counties, shall 
have authority, upon application, to make and 
enforce all orders necessary, as well for open- 
ing all new roads, which may be useful and 



346 



ROADS. 



629 



convenient, as to vacate any public road, or 
part of any public road, which upon enquiry 
shall be found useless and burthensome, with- 
in the limits of their respective counties. 

Sec. 2. That previous to any application 
being made to the court of Common Pleas, 
for an order to lay out any new road, every 
person through whose improved land such pro- 
posed road may be designed to run, who is 
known to be a resident in the same or adjoin- 
ing county, shall have notice thereof, from 
some person about to apply for the same, or 
else a note in writing, expressing such intend- 
ed application, under the signature of some 
one or more of the persons about to apply, 
shall be left at the house or last place of abode, 
or with the agent respectively of every such 
holder of improved lands; at least twenty days 
before the session in which such application 
shall be made; and further, such intended ap- 
plication shall be advertised in some public 
place in each township through which such 
proposed road may be designed to run, for 
thirty days prior to the session, as aforesaid, 
and similar advertisement shall be affixed and 
kept upon the court house door, for two days 
of the term in which application shall be 
made. 

Sec. 3. Every application for any public 
road, shall be by petition, specifying particu- 
larly where such road begins, the remarkable 
places by which such road shall pass, and 
where the same shall terminate, presented to 
the court of Common Pleas, of the proper 
county, signed by at least twelve householders 



When notice 
to be given 
& iiew. 



Application, 
how 



347 



630 



ROADS. 



Costs how 
paid. 



Court to ap- 
point viewrs 
& surveyor. 
&e. 



Their duty 
&e. 



resident in the same county, three of whom 
shall be freeholders of the neighborhood, who 
shall be liable for the costs accruing on such 
petition, survey and view, unless the road so 
petitioned for, shall appear to the court from 
the report of the viewers to be of public and 
general utility, to the citizens of the county at 
large, when the costs attending the same shall 
be paid out of the county treasury. 

Sec. 4. When any petition in form afore- 
said is presented to any court of Common 
Pleas, within any county of this territory, pray- 
ing for an order to lay out a new road, through 
any part of the said county, and the court be 
satisfied that the petitioners have given the ne- 
cessary notice required by this act, the court 
shall order such petition to be publicly read 
in open court, and thereupon shall appoint 
three disinterested freeholders of the county, 
which said freeholders, or any two of whom, 
shall proceed to view the ground, on which 
such proposed road is to run, and also to ap- 
point a skilful surveyor to accompany the 
aforesaid viewers, and to survey the said road, 
agreeably to the view of the aforesaid freehol- 
ders. It shall be the duty of the said viewers 
and surveyors at some convenient time before 
the next session, to repair to the place where 
such proposed road begins, and the said view- 
ers shall with diligence and attention, examine 
the ground and lay out such road as nearly to 
the prayer of the petitioners as a passible way 
can be obtained, at a moderate expense, hav- 
ing special regard to continue the road in the 
same direction, as far as circumstances will ad- 
mit; and not to take the same through any 



348 



ROADS 



631 



person's enclosure of one years standing, with- 
out the owner's consent, unless a preferable 
way cannot otherwise be had with convenience 
to the public; and the aforesaid surveyor shall 
take to his assistance two persons of honest re- 
putation, as chain carriers, and he shall accor- 
ding to the view of the aforesaid freeholders, 
survey such road, conspicuously marking the 
same throughout, and truly noting the several 
courses and distance thereof, and at every mile's 
end, shall erect a monument expressing the 
number thereof, and shall protract a survey of 
the said road, which together with the pro- 
ceedings of the aforesaid viewers, shall be cer- 
tified respectively, and returned to the court of 
Common Pleas, next to be held for such coun- 
ty, and the court on receiving such return shall 
cause the same to be publicly read in open 
court on two different days of the same term, 
at which such return shall have been made; 
and if no objections are made to such propos- 
ed highway, on the second reading of the re- 
turn aforesaid, it shall be the duty of the court, 
to order the said road to be opened a necessary 
width, not exceeding sixty-six feet, and made 
in other respects convenient for the passage of 
travellers; and cause a record thereof to be 
made, which shall thenceforth be deemed a 
public road. 

Sec. 5. If any person through whose land 
any proposed public road may run, feels ag- 
grieved thereby, such person may at any time 
before such road is recorded, and not after- 
wards, set forth his or her grievances, by way 
of remonstrance, against such proposed road, 
or any part theof, presented to the court of 



Surveyors to 
take assistants 



courts on re- 
ceiving the 
returns, how 
to proceed. 



Persons ag- 
grieved their 
remedy. 



349 



632 ROADS. 

Common Pleas of the proper county, and the 
court shall nominate five disinterested freehol- 
ders of the county, who shall not be related to 
any of the parties interested in opening or 
objecting against such proposed road, and shall 
assign a day for such freeholders to meet, 
where such proposed road begins; it shall be 
the duty of such five freeholders respectively, 
having had five days previous notice, from 
either of the parties, to meet on the day, and at 
the place assigned by the court, and then, or 
on any other day, prior to the next session, to 
which the majority may adjourn, (having first 
Take oath taken an oath or affirmation before some per- 

son qualified to administer oaths, impartially 
to assess the damage or several damages, 
which any such objector or objectors may be 
likely to sustain by reason of such proposed 
road, in case the same should be opened, and 
continued through his her or their lands, to 
review such proposed road and take into their 
consideration, how much less valuable any 
tract of land, the property of such objector or 
objectors, will be rendered, by reason of such 
proposed road, should the same be opened, 
and continued through such tract respectively; 
and shall assess the damage or several damages 
Assess and re accordingly, and report the same to the court 
port damages ^f Common Pleas, next to be holden for the 
proper county; and if any three of them agree 
in assessing damage to the amount of the costs 
accruing on such remonstrance, the court may, 
if they consider it expedient, order the dam- 
age to be defrayed out of the county stock, 
or if that may be considered inexpedient, and 
the petitioners will defray the same, then, in 



350 



ROADS. 633 

either case, such road shall be ordered to be 
opened, and a record thereof made, and the 
costs and charges having accrued in virtue of 
such remonstrance, shall be defrayed out of the 
county stock; but if three of such freeholders 
do not agree in assessing damages to the cost how py 
amount of the cost aforesaid, then such objec- 
tor or objectors shall pay the costs and such 
proposed road shall be ordered to be opened 
and recorded, in like manner as though no ob- 
jections had been made. 

Sec. 6. That objections in time and manner 
aforesaid, to any proposed public road may be Obiection to 
made by any tw^elve freeholders, or househol- by*'whonr 
ders, of the neighborhood, through vrhich the made. 
same runs, on account of the same being 
likely to be useless and burdensome to the 
tovv^ship respectively; and vrhen such objec- 
tions are made, the court shall proceed in like 
manner, by revievi^ thereof as prescribed in the 
last preceeding section of this act, and if the 
freeholders M^ho review the same, or any three 
of them agree, that the said proposed road is 
likely to be useless and burdensome if it be 
opened and kept in repair by the public, then, 
unless the petitioners respectively M^ill agree to 
open and keep in repair such proposed road, 
at their own private expence, all the procee- 
dings shall be stayed, and the petitioners shall 
in either case pay the costs and charges which 
may have accrued; but if three of the afore- 
said viewers do not report against such pro- 
posed road, as likely to be useless and bur- 
densome, then the objectors shall pay the costs 



351 



634 



ROADS. 



Roads Tun- 
ing through 
lands how 
changed. 



Court to ap- 
point 3 free- 
holders. 



Who shall ex 
amine and re 
port. 



and charges, which shall have accrued on such 
review, and the said proposed road shall be 
ordered to be opened, and a record thereof 
made, and shall thenceforth be deemed the pub- 
lic road. 

Sec. 7. If any person through whose land 
any public road shall run, shall be desirous of 
cultivating such part of his land, it shall be law- 
ful for such person or persons, to petition the 
court of Common Pleas, to permit him, her 
or them, at his, her or their own expences, to 
turn such road through any part of his, her or 
their own land, on as good ground, and with- 
out increasing the distance to the injury of the 
public, and upon such petition the said court 
shall appoint three disinterested freeholders, 
who shall proceed to view the ground on which 
the said road is designed to be turned, and 
measure the respective distance of that part of 
the road already established, and of the propo- 
sed way, until it shall intersect the road estab- 
lished as aforesaid; and at the next term of 
the said court, shall report the several dis- 
tances, with their opinion respecting the ground 
on which such proposed road is to run ; and if 
it shall appear to the satisfaction of the court 
aforesaid, that the ground on which such new 
part of the road is designed to run, is equally 
situated, and that the difiference in the distance, 
will not materially injure the public; such 
court shall permit him, her or them, to turn 
such road, and on receiving satisfactory assu- 
rance that such petitioner or petitioners, have 
opened such proposed road, equally convenient 
for travellers, shall vacate so much of the for- 
mer road as shall lie between the differen- 



352 



ROADS. 



635 



points of intersection, and record such new 
report, which afterwards shall be public road 
or highway. 

Sec. 8. When any public road, or highway, 
shall be considered useless, and the repairing 
thereof be an unreasonable burthen to the 
Township, and any twelve freeholders or 
householders of such township, may make 
application in writing, signed by such persons, 
setting forth the situation and other circum- 
stances of the road which they wish vacated, as 
aforesaid, in a clear and intelligible manner, 
which shall on the term in which it is presen- 
ted be publicly read in open court on two dif- 
ferent days of the court, and no further or 
other proceedings, shall be then had thereon, 
but the same shall be adjourned to the next 
court, when the same shall again be read in 
open court; when if objections are not made 
thereto in writing, signed by twelve freehol- 
ders, or householders, such court shall on any 
day in the same term, other than the first day 
of the same proceed to vacate such public road, 
or parts of public road, as aforesaid, and the 
costs and charges, shall be defrayed by the 
county; but if objections in manner aforesaid 
are made, the court shall proceed in like man- 
ner by viewers thereof, as they are authorised 
to do, in laying out of public roads and high- 
ways; and the judgment of any court of 
Common Pleas, as aforesaid, shall be conclu- 
sive in the premises, if the same be not appeal- 
ed from in nine months after giving any such 
judgment. 

Sec. 9. An appeal from the proceedings of 



Useless roads 
may be dis- 
continued & 
flow. 



353 



636 



ROADS. 



Appeal al 
lowed. 



No streets to 
be vacated. 



Persons lia. 
ble to work. 



any court of Common Pleas, of any of the 
counties within this Territory, as aforesaid 
shall lie and be allowed to the general court of 
the Territory, which court shall, if the party 
or parties applying for the same enter into 
sufficient securities for costs and charges 
thereof, order and appoint another view of 
such road, and proceed thereon in like man- 
ner, as the courts of Common Pleas, are ena- 
bled by this act to proceed, and the determin- 
ation and judgment of such general court shall 
be final: Provided always, That nothing in 
this act shall be understood to give authority 
to any court of Common Pleas, to vacate a 
street or highway, in any city borough, town 
or village in this Territory, which hath been 
laid out by the late proprietors thereof, or by 
any other person or persons, and dedicated to 
public use nor to vacate any road laid out by 
order of court, which is not repairable at pub- 
lic charge, nor any road or passage claimed by 
private right, nor to rivers, or streams of wa- 
ter. 

Sec. 10. All male persons of the age of 
twenty one years and not exceeding fifty, who 
have resided thirty days in any Township of 
any county within this Territory, and who are 
not a county charge, shall be liable yearly and 
every year, to do and perform any number of 
days work, not exceeding twelve, whenever 
the supervisor of the district, in which he re- 
sides, shall deem it necessary: and it shall be 
the duty of every supervisor respectively, to 
call out every such resident aforesaid, when in 
his opinion it may be expedient to work on the 
public road or highway, within the division 



354 



ROADS. 



637 



respectively allotted to him; and if any such 
resident, having had three days notice thereof 
from the supervisor shall neglect or refuse to 
attend by himself or substitute to the accept- 
ance of the supervisor, on the day and at the 
place appointed for working on the public 
road, w^ith such necessary and common articles 
of husbandry, as the said supervisor shall have 
directed him to bring, wherewith to labor, or 
having attended, shall refuse to obey the di- 
rection of the supervisor, or shall spend, or 
waste the day in idleness, or inattention, to the 
duty assigned him; every such delinquent 
shall forfeit for every such neglect or refusal, 
the sum of seventy-five cents, to be recovered 
at the suit of the supervisor respectively, 
before any Justice of the Peace of the township, 
wherein the delinquent shall reside, to be ap- 
propriated towards repairing the public roads 
within the same township; and it shall be the 
duty of the court of common pleas, at the same 
time that they appoint supervisors, to appor- 
tion to each one, his part of the roads, and 
hands to assist in opening and keeping the same 
in repair. 



Supervisor 
to give notice 



Penalty on 
failing to 
work. 



Court to ap- 
portion read. 



Sec. 11. The court of common pleas of 
each and every county, at their first term to 
be held after the first day of January, yearly 
and every year shall appoint a necessary num- 
ber of freeholders in each and every township, 
within their respective counties, to be supervi- 
sors of the highways; and the said supervisors 
of the public roads and highways of the several 
townships, shall and they are hereby required, 
and enjoined, as often as the said several roads 



To appoint 
supervisors 



their 



355 



638 



ROADS. 



ditche drains 
&c. 



Penalty for 
filling drains 
&e. 



and highways within their respective townships 
shall be out of repair, or as often as any new 
road shall be laid out, and directed to be open- 
ed by lawful authority, to hire and employ a 
sufficient number of labourers to work upon, 
open and amend, clear and repair the same, 
in the most effectual manner, and to purchase 
wood and all other materials necessary for that 
purpose, and to oversee the said laborers, keep 
them close to their business, and take care that 
the said roads and highways be effectually 
opened, cleared and amended, and repaired, 
according to the true intent and meaning of 
this act. 

Sec. 12. And in order to enable the said 
supervisors the more effectually to discharge 
their duty, Be it further enacted. That it 
shall and may be lawful for the supervisors 
aforesaid, or any other person or persons, by 
his or their order and direction, to enter upon 
any lands adjoining to or lying near the public 
roads and highways, within their respective 
township, and to cut or open such drains or 
ditches through the same, as he or they shall 
judge necessary, completely to carry off and 
drain the water from such roads: Provided, 
The same be done with as little injury and 
damage as may be to the owner of such lands ; 
which drain and ditches, so cut and opened, 
shall be kept open by the said supervisors, if 
necessary, and shall not be stopped or filled 
up by the owner, or owners of such land, or 
any other person or persons, whatsoever, under 
the penalty of five dollars for every such of- 
fence, to be recovered before any justice of the 
peace in any county, and to be applied to the 



356 



ROADS. 



639 



purpose of opening and repairing highways in 
the district wherein the offence shall have been 
committed. 



Sec. 13. The said Supervisors shall have 
full power and authority, on any improved 
ground or lands, adjoining the said public 
road or highway, within their respective town- 
ships, to dig, or cause to be dug, any gravel, 
sand or stone, or to gather any loose stones, 
lying on the said lands, or to cut down any 
wood, or trees, growing or adjoining to the 
said roads or highways, as he or they shall 
think necessary for the purpose aforesaid, Pro- 
vided, The same be done with as little dam- 
age as may be to the owner or owners of such 
land; and the same sand, gravel, stones or 
wood, so dug, gathered or cut, to be carried 
off, without the let, hindrance or control of 
the owner. 



Supr. to dig 
gravel cut 
timber &c. 



Sec. 14. If any person or persons, work- 
ing on the highways, or being with them, shall 
ask any money, or drink, or any other reward 
whatsoever, of any person passing or travel- 
ling upon the said public road or highway, he 
shall, for every such offence, pay the sum of 
one dollar, to be recovered by the Supervisor, 
or any other person suing for the same, before 
any justice of the peace, in the county, and 
applied to, and towards repairing the said 
highways, or public roads within the township 
wherein the offence shall have been committed ; 
and in case any Supervisor shall connive at any 
person's asking and demanding any reward 
from any traveller as aforesaid, or shall him- 



Supvr. net to 
suffer, nor la 
borers to aslc 
money of tra- 
vellers un- 
der penalty. 



357 



640 



ROADS. 



C. p. may 
order bridges 
built. 



How paid for 



private cart 
ways may be 
opened and 
hew. 



self extort, or endeavor to extort any money, 
or other thing, from any traveller as aforesaid, 
every Supervisor, so offending, shall forfeit and 
pay for each offence, the sum of five dollars, 
to be recovered by any person w^hatsoever in 
manner aforesaid, one half of the use of the 
prosecutor, and the other half to, and for the 
service of the said road or highway. 

Sec. 15. The judges of the court of Com- 
mon Pleas, may cause any bridge or bridges 
to be built, over any creek or rivulet in the 
county, to which they belong, where they 
think such bridge of publick utility, and too 
expensive to be borne by the district in which 
it lies, for which purpose the said court shall 
agree with workmen for the building or repair- 
ing such bridge, or bridges, and the court shall 
make an allowance for the money becoming 
due, upon such agreement, and order the same 
to be paid out of the county treasury. 

Sec. 16. If any person or persons, shall, for 
the convenience of themselves, or neighbours, 
wish to have a cart road laid out, from, or to 
the plantation, or dwelling place of any person 
or persons, or to any public highway, or from 
one highway to intersect another; the person 
or persons applying for the same, shall adver- 
tise their intentions, as by this law is required 
in case of highways, and shall petition the 
court of Common Pleas of the proper county, 
who shall cause the same to be read in open 
court and shall order and direct a view of the 
place where such road is required to be laid 
out, and return thereof shall be made in the 
same manner as before directed by this act, 



358 



ROADS. 



641 



and if no objections be made thereto, the said 
court shall further order and appoint what 
breadth the said road shall be, so as the same 
shall not exceed thirty three feet. 



Breadth. 



Sec. 17. Every road or cart way, laid out in 
pursuance of this act, not exceeding thirty 
three feet in breadth, being first paid for by 
the petitioner or petitioners, for such road, shall 
be recorded, and from thence forward, shall 
be allowed and declared a common road, or 
cart way, as well for the use and convenience 
of the person or persons at whose request the 
same was laid out, as for the use and conve- 
nience of all such as have occasion to travel 
the same, and shall be opened and maintained 
by the persons petitioning therefor; Provided 
nevertheless, That if the said road shall be laid 
out through any person or persons improved 
land, then the same shall be valued as in this 
act is directed in case of persons objecting to 
public roads or highways, and on the value 
thereof being paid to the owner or owners of 
the land, by the person or persons at whose re- 
quest the same was laid out, they shall have 
liberty to open said road agreeable to the order 
of the court. 



To be recor. 
ded and how 



How to pro- 
ceed when 
going into 
improved 
lands. 



Sec. 18. If any owner or ownersof any land, 
through which such cart road may pass, shall 
be desirous of improving his, her or their lands, 
they shall be permitted to turn the same : Pro- 
vided, The ground on which they propose 
turning it, is equally as good for a road, and 
shall not increase the distance more than one 
f4 



How to tHrn 
cart way. 



359 



642 



ROADS. 



Supvr. to 
have posts 
erected. 



Penalty for 
defacing &c. 



pulling down 
advertise- 
ments. 



twentieth part thereof, or shall be permitted to 
hang swinging gates upon such cart road or 
roads, but shall at all times keep the said 
gates in good order and repair, under the pen- 
alty of one dollar for every offence to be reco- 
vered before any justice of the peace, in any 
county wherein the offence shall have been 
committed, by any person prosecuting for the 
same, one moiety thereof to the prosecutor and 
the other moiety towards keeping of said roads 
in repair. 

Sec. 19. It shall be the duty of each and 
every supervisor, within their respective dis- 
tricts to erect, and keep a post at the forks of 
every public road or highway within their res- 
pective districts, containing an inscription in 
legible characters, directing the way, and men- 
tioning the most remarkable places on each 
road respectfully; and if any person shall de- 
molish any such post, deface or alter any in- 
scription thereon made, with an intent to des- 
troy the utility of such design, he, or she so 
offending, shall for every such offence, forfeit 
and pay to the supervisor of such road respect- 
ively, the sum of ten dollars, to be recovered 
before any justice of the peace of the county, 
wherein the offence shall have been committed, 
for the use of such district respectively. 

Sec. 20. If any person shall take down, ob- 
literate or destroy, any advertisement or writ- 
ten notice, necessary to be put up, under the 
directions of this act, he, she or they so offen- 
ding, shall for every such offence forfeit and 
pay the sum of ten dollars, to be recovered by 
indictment, before any court having cogni- 



360 



ROADS. 



643 



zance thereof, to be held in the county where 
the offence shall have been committed, to the 
use of the county respectively. 



Sec. 21. If any person shall obstruct any 
road laid out, or to be kept in repair under 
the authority of this act, and shall suffer 
such obstructions to remain to the hin- 
drance of passengers; every person so offen- 
ding, shall for every such offence forfeit and 
pay a sum not exceeding one hundred dollars 
nor less than one dollar, to be recovered by 
action of debt, qui tam, or indictment, before 
any court having cognizance thereof, to be 
held in the county in which the offence shall 
have been committed ; one half to the county 
respectively, and the other half to whosoever 
will sue for the same. But when the prosecu- 
tion shall first be commenced in behalf of the 
county, the whole shall accrue to its use. 



Obstructing 
roads how 
punished. 



■ Sec. 22. Every supervisor shall be entitled 
to receive the sum of one dollar for each and 
every twenty dollars he shall collect, and one 
dollar and twenty-five cents for superintend- 
ing the hands, not less than ten on each day, 
who shall commute their assessments by labor 
and such further compensation for his trouble, 
as shall appear reasonable to the court. 

Sec. 23. In all cases when persons shall be 
committed to the supervisor to labor, by the 
authority of the laws of this territory, such su- 
pervisor may assign the proper portion of labor 
for such person to do and perform, or shall ap- 
point a time and place for such person, so com- 
mitted, to attend and perform the labor as 



Compensati- 
on to superv. 



Persons ad- 
judged to 
woric on road 
how to be 
dealt with. 



361 



644 



ROADS. 



aforesaid, and such service in either case being 
performed, such supervisor shall give such 
person his discharge accordingly. 



Supevr. ne- 
glecting or 
refusing to 
discharge du 
ty to be fined 



Sec. 24. All and every supervisor or super 
visors of the public roads and highways of 
this Territory who shall refuse or neglect to 
do and perform his or their duty, as directed 
by this act, shall on conviction by presentment 
or indictment before any court of record, be 
fined in any sum, not more than forty, nor less 
than five dollars, at the discretion of the court, 
and stand committed until payment thereof. 



AN ACT 

To amend an act, entitled "An Act for open- 
ing and regulating public roads and High- 
ways. 

Passed October Uth, 1808. 

Sec. 1. WHEREAS, the expence of laying 
out public roads in the different counties, is 
found, not only burdensome, and a great 
means of draining the county treasuries of 
their funds, but is altogether useless and 
unnecessary. 



362 



ROADS. 



645 



BE it therefore enacted by the Legisla- 
tive Council and House of Representatives, 
and it is hereby enacted by the authority of 
the same, That so much of the fourth section 
of the act to vt^hich this act is an amendment, 
as makes it necessary, and authorises the court 
to which application is made, to appoint a sur- 
veyor for any road about to be established, or 
which may hereafter be established; and so 
much of the said act as provides for, and allows 
a compensation to the supervisor, shall be, and 
the same are hereby repealed, 



Expenee of 
surveying & 
compensati- 
on to supvr. 
done away. 



Sec. 2. Whereas, by the act to which this 
is an amendment, it is, by the tenth sec- 
tion thereof, provided that all male per- 
sons of the age of twenty-one years, and 
not exceeding fifty, who have resided 
thirty days in any township in any county 
within this territory, and who are not a 
county charge, shall be liable, as in the 
said law is directed, to work on the pub- 
lic roads and highways: And whereas. 
Young men of the age of eighteen years, 
are equally able to work on the said roads 
and highways, as those above that age; 



Be it therefore enacted. That all male per- 
sons between the ages of eighteen and fifty, 
years, shall be liable to work and labour on the 
public roads and highways, in the same man- 
ner, and for the same number of days as per- 
sons above the age of twenty one years, are, 
by the said act bound to work, on pain of 
paying the fine in the said law mentioned, 
which shall be recoverable in the manner 



Persons be- 
tween 18 & 
50 to woric 
on roads. 



363 



646 



SERVANTS. 



therein mentioned, notwithstanding the non-age 
of the said person by this law made liable to 
work on the said roads and highways. 



SERVANTS. 



AN ACT 
Concerning Servants. 

Passed Sept. 17, 1807. 



Negroes in- 
dented. 



Sec. 1. All negroes and mulattoes, (and 
other persons not being citizens of the United 
States of America) w^ho shall come into this 
Territory, under contract to serve another, in 
any trade or occupation, shall be compelled to 
perform such contract specifically during the 
time thereof. 



Master to find Sec. 2. The said servants shall be provided 

servant in . , i i , m • 

food &c. by the master with wholesome and sufficient 

food, clothing and lodging and at the end of 



364 



SERVANTS. 



647 



their service if they shall not have contracted 
for any rev^^ard, food, clothing and lodging, 
shall receive from him one new and complete 
suit of clothing suited to the season of the year, 
to vi^it: a coat, vi^aist coat, pair of breeches, 
and shoes, two pair of stockings, two shirts, a 
hat and blanket. 



Sec. 3. The benefit of the said contract of 
service shall be assignable by the master to 
any person being a citizen of this Territory to 
whom the servant shall in the presence of a 
Justice of the Peace freely consent, that it 
shall be assigned; the said Justice attesting 
such free consent in writing, and shall also 
pass to the executors, administrators and leg- 
atees of the master. 

Sec. 4. Any such servant being lazy, dis- 
orderly, guilty of misbehaviour to his master, 
or master's family, shall be corrected by 
stripes, on order from a justice of the county 
wherein he resides; or refusing to work, shall 
be compelled thereto in like manner, and 
moreover shall serve two days for every one 
he shall have so refused to serve, or shall 
otherwise have lost, without sufficient justifi- 
cation, all necessary expences incurred by any 
master for apprehending and bringing home 
any absconding servant, shall be repaid by fur- 
ther service, after such rates as the court of 
Common Pleas, of the county shall direct, un- 
less such servant shall give security, to be ap- 
proved of by the court for the payment in 
money within six months, after he shall be 
free from service, and shall accordingly pay 
the same. 



Master may 
transfer in- 
denture. 



Servts. lazy 
or disorderly 
to be whip, 
ped &c. 



365 



648 



SERVANTS. 



Master ifl 
treating ser- 
vant how re 
dressed. 



Sec. 5. If any master shall fail in the duties 
prescribed by this act, or shall be guilty of 
injurious demeanor towards his servant it shall 
be redressed on motion, by the court of 
Common Pleas, of the county wherein the ser- 
vant resides, who may hear and determine 
such cases in a summary way, making such 
orders thereupon as in their judgment will re- 
lieve the party injured in future. 



Contract be' 
tween mast 
er and serv 
void. 



Sec. 6. All contracts between masters and 
servants, during the time of service shall be 
void. 



C. P. to hear 
complaint of 
servts. 



Servts. may 
acquire and 
hold goods 



Sec. 7. The court of Common Pleas of 
every county shall at all times receive the 
complaints of servants, being citizens of any 
of the United States of America, who reside 
within the jurisdiction of such court, against 
their masters or mistresses, alledging undeser- 
ved or immoderate correction, insufficient al- 
lowances of food, raiment, or lodging, & may 
hear & determine such case in a summary way, 
making such orders thereupon as in their judg- 
ment will relieve the party injured in future, 
& may also in the same manner hear and deter- 
mine complaints of masters and mistresses 
against their servants, for disertion without 
good cause, and may oblige the latter for loss 
thereby occasioned, tomake restitutionby further 
services after the expiration of the time, for 
which they had been bound. 

Sec. 8. If any servants shall at any time bring 
in goods or money, during the time of their 
service, shall by gift, or other lawful means, 



366 



SERVANTS. 



649 



acquire goods or money, they shall have the 
property, and benefit thereof, to their own 
use; and if any servant shall be sick or lame 
and so become useless or chargeable, his or 
her master or ow^ner shall maintain such ser- 
vant, until his or her whole time of service 
shall be expired; and if any master or ov/ner 
shall put away any lame or sick servant, under 
pretence of freedom, and such servant becomes 
chargeable to the county, such master or own- 
er shall forfeit and pay thirty dollars, to the 
overseers of the poor of the county wherein 
such offence shall be committed, to the use of 
the poor of the county, recoverable with costs, 
by action of debt in any court of Common 
Pleas of this Territory, and moreover shall be 
liable to the action of the said overseers of the 
poor at the common law for damages. 



Masters put 
ting ofF serv. 
hew punish 
ed 



Sec. 9. No negro. Mulatto or Indian shall 
at any time purchase any servant, other than of 
their own complexion, and if any of the per- 
sons aforesaid shall nevertheles presume to 
purchase a white servant, such servant shall 
immediately become free, and shall be so held 
deemed and taken. 



Servts. of co 
lor not to 
purchase 
white servts. 



Sec. 10. No person whatsoever shall buy, 
sell or receive of, to or from any servant any 
coin or commodity whatsoever, without the 
leave or consent of the master or owner of such 
servant; and if any person shall presume to 
deal with any servant without such leave or 
consent, he or she so offending, shall forfeit and 
pay to the master or owner of such servant, 



No to trade 
with servant 



Penalty. 



367 



650 



SERVANTS. 



four times the value of the thing so bought, 
sold or received, to be recovered v^^ith costs by 
an action upon the case, in any court of Com- 
mon Pleas of this territory; and shall also 
forfeit and pay the further sum of twenty 
dollars to any person who w^ill sue for the same, 
or receive on his or her bare back, thirty-nine 
lashes well laid on, at the public whipping 
post, but shall nevertheless be liable to pay the 
costs of such suit. 



Persons fined 
servts. whpd. 
unless &c. 



Sec. 11. In all cases of penal laws where 
free persons are punishable by fine, servants 
shall be punished by whipping, after the rate 
of twenty lashes for every eight dollars, so 
that no servant shall receive more than forty 
lashes at any one time, unless such offender 
can procure some person to pay the fine. 



Servts. serving 
time how to 
proceed. 



Unless &e. 



How punish- 
ed. 



Sec. 12. Every servant upon the expira- 
tion of his or her time, and proof thereof made 
before the court of Common pleas of the 
county, where he or she last served, shall have 
his or her freedom recorded and a certificate 
thereof, under the had of the Clerk, which 
shall be sufficient to indemnify any person for 
entertaining or hiring such servant; and if 
such certificate should happen to be torn or 
lost, the Clerk upon request, shall issue anoth- 
er, reciting therein the loss of the former ; and 
if any person shall harbor or entertain a servant 
not having and producing such certificate, he 
or she shall pay to the master or owner of such 
servant one dollar for every natural day he 
or she shall so harbor or entertain such run- 
away, recoverable with costs, by action of debt. 



368 



SERVANTS. 



651 



in any court of Common Pleas of this territo- 
ry; and if any runaway shall make use of a 
forged certificate, or after delivery of a true 
certificate to the person hiring him or her, 
shall steal the same and thereby procure other 
entertainment, the person entertaining or hiring 
shall not be liable to the said penalty, but such 
runaway, besides making reparation for loss of 
time and charges of recovery, shall stand two 
hours in the pillory on a court day for making 
use of such forged or stolen certificate, and the 
person forging the same shall forfeit and pay 
thirty dollars, one moiety to the territory and 
the other moiety to the owner of such runaway, 
or the informer, recoverable with costs, in any 
court of Common Pleas in this territory; and 
on failure of present payment, or security for 
the same within six months, such offender 
shall receive thirty-nine lashes on his or her baer 
back well laid on, at the common whipping post ; 
and where a runaway shall happen to be hired 
upon a forged certificate and afterwards de- 
nies the delivery thereof, the onus probandi 
shall lie upon the party hiring such runa- 
way. 



Person forg- 
ing how pun 
ished 



Sec. 13. If any slave or servant shall be 
found at the distance of ten miles from the 
tenement of his or her master, or the person 
with whom he or she lives without a pass or 
some letter or token, whereby it may appear 
that he or she is proceeding by authority from 
his or her master, employer or overseer, it 
shall and may be lawful for any person to ap- 
prehend and carry him or her before a justice 
of the peace, to be by his order punished with 



Servts. trav- 
eling wi hout 
pass how 
punished 



369 



652 



SERVANTS. 



stripes, not exceeding thirty-five, at his dis- 
cretion. 



Servt being 
on others 
plantation to 
be punished 



Sec. 14. If any slave or servant shall pre- 
sume to come and be upon the plantation or at 
the dwelling house of any person whatsoever, 
without leave from his or her owner, not being 
sent upon lawful business it shall be lawful 
for the owner of such plantation, or dwelling 
house to give, or order such slave or servant 
ten lashes on his or her bear back. 



Riots how 
punished 



Sec. 14. Riots, routs unlawful assemblies, 
trespasses and seditious speeches, by any slave 
or slaves, servant or servants, shall be punished 
with stripes, at the discretion of a justice of 
the peace, not exceeding thirty-nine, and he 
who will may apprehend and carry him, her or 
them before such justice. 



Harboring 
servt finable 



Assisting se v 
ants to ab 
scond finable 



Sec. 16. If any person shall harbor any 
servant or slave of color, who is bound to ser- 
vice, without the consent of his or her master 
first obtained, he or she so offending, shall be 
fined in any sum not exceeding one hundrd 
dollars, at the discretion of the court to be re- 
covered by indictment or information; and if 
any person shall aid and assist any servant, or 
slave to abscond from his or her master, upon 
conviction thereof, he or she so offending, shall 
be fined in any sum not exceeding five hun- 
dred dollars, at the discretion of the court, for 
the use of the party aggrieved, to be recovered 
as aforesaid. 



370 



SERVANTS. 



653 



AN ACT 

To amend an act entitled "An act concerning 
Servants, and for other purposes. 

Passed October 25th, 1808. 



Sec. 1. Be it enacted by the Legislative 
Council and House of Representatives, and it 
is hereby enacted by the authority of the same, 
That if any person, or persons, shall permit, or 
suffer, any slave, or slaves, or servant servants of 
colour, to the number of three, or more, to as- 
semble in his, her, or their house, out house, 
yard, or shed, for the purpose of dancing, or 
revelling, either by night, or by day, the per- 
son, or persons so offending shall forfeit and 
pay the sum of twenty dollars, with costs, to 
any person, or persons, who shall sue for, and 
recover the same, by action of debt, informa- 
tion, or indictment, in any court of record 
proper to try the same. 



Persons suff 
ering servant 
to assemble 
on premises 
for revelling 
fined how 
much and for 
what use 



Sec. 2. Be it further enacted, That it shall 
be the duty of all Coroners, Sheriffs, Judges, 
and justices of the peace, who shall see or 
know of, or be informed of any such assem- 
blage of slaves or servants, immediately to com- 
mit such slaves or servants, to the jail of the 
said county; and on view or proof thereof, to 
order each and every such slave or servant, to 
be whipped, not exceeding thirty nine stripes, 
on his or her bare back, on the day next suc- 
ceeding such assemblage, unless it shall hap- 
pen on a Sunday, then on the Monday follow- 
ing; which said strips shall be inflicted by 



Peace officers 
to send such 
revellers to 
jail 



And have 
them several 
ly whipped 



By whom 



371 



654 



SHERIFFS. 



Exceptions 
when by 
leave and 
beahaving well 



any Constable of the township, if there should 
be one therein, or otherwise by any person or 
persons whom the said justices shall appoint, 
and who shall be willing so to inflict the same: 
Provided however. That the provisions hereof 
shall not apply to any persons of colour, who 
may assemble for the purpose of amusement, 
by permission of their masters first had in 
writing, on condition that no disorderly con- 
duct is made use of by them in such assem- 
blage. 

This act shall take effect, and be in force 
from and after the first day of January next. 



SHERIFFS. 



AN ACT 



For the establishing of the Office of Sheriff, 
and for the appointment of Sheriffs. 

Passed Sept. 17, 1807. 



Shff to be 
appt'd 



Sec. 1. There shall be appointed and com- 
missioned by the governor, under the seal of 



372 



SHERIFFS 



655 



the territory, a Sheriff, who shall give bond 
with two sufficient sureties, in the penal sum To give bend 
of four thousand dollars, for the faithful dis- 
charge of the duties of his office. 



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



To keep the 
peace 



Recognixe 
Commit 



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



To suppress 
affrays &c. 



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



To execute 
writs and 
process 



To attend 
upon courts 



He shall duly attend upon all courts of re- 
cord, at their respective terms or sessions in 
his county: and shall have the custody of the 
jail of the county, and shall do and perform 
such other duties, as are or shall be enjoined 
on him by law. 



Have custody 
of jails 



373 



656 



SHERIFFS. 



AN ACT 

Regulating the duties of Sheriffs, and for 
other purposes. 

Passed Sept. 17, 1807. 



Writs by 
whom served 



Penalty 



Liable to ac 
tion 



For false re 
turn liable 



Sec. 1. Every Sheriff or Corroner, himself 
or his lawful officer or deputies, shall from 
time to time, execute all writs and process to 
him legally issued, and directed within his 
county, or upon any river or creek adjoining 
thereto, and shall make due returns under the 
penalty of forfeiting one hundred dollars for 
every failure, one moiety to the use of the Ter- 
ritory, and the contingent expences thereof, 
and the other moiety to the party grieved, to 
be recovered with costs by action of debt, or 
information in any court of record in this terri- 
tory out of which such process may have is- 
sued, and such sheriff or coroner shall be fur- 
ther liable to the action of the party grieved, 
at common law, for his or her damages, and 
for every false return, the sheriff or coroner shall 
forfeit and pay one hundred dollars, to be reco- 
vered, divided and applied in the manner last 
mentioned, and shall also be liable in like man- 
mer to the party grieved for damages. 



Persons in 
exon dying 
how to pro- 
ceed 



Sec. 2. If any person being a prisoner char- 
ged in execution shall happen to die in execu- 
tion, the party or parties at whose suit or to 
whom such person shall stand charged, in ex- 
ecution for any debt or damages recovered, his 
or their executors, or administrators, may, after 
the death of the person so dying in execution 



374 



SHERIFFS 



657 



lawfully sue forth, and have new execution 
against the lands and tenements, goods and 
chattels of the person so deceased. 



Sec. 3. If the lands, tenements or heredita- 
ments, or goods and chattels taken by any she- 
riff or any other officer, or any part thereof shall 
remain in his hands unsold, he shall make re- 
turn accordingly, and thereupon the clerk of 
the court from whence such execution issued, 
shall and may, and is hereby required to issue 
a venditioni exponas, to such sheriff or other 
officer directed, whereupon the like proceedings 
shall be had, as might, and ought to have been 
had on the first excution, which writ of vendi- 
tioni exponas shall be in the form following: 



In case pro 
perty not sell 



Ye d expo 
as to issue 
clerk 



"The United States, &c. Greeting 
We command you, that you expose to sale the 
lands or goods and chattels, as the case may 
be, of A B, to the value of which 

according to our command you have taken, 
and which remain in your hands unsold, as you 
have certified to our judges (or justices of our 
court, to satisfy C D, the sum of 
whereof in our said court he hath reco- 
vered execution, against the said A B, by virtue 
of a judgment in the said court, and that you 
have &c." 



Form thereof 



Section 4, superseded by act 26th Feb. 1810. 



Sec. 5. If any sheriff or other officer, shall 
make return upon any writ of fieri facias 
or venditioni exponas, that he hath levied 



Shff. with 
holding m( 
ney 



h4 



375 



658 



SHERIFFS. 



Making im 
proper re 
turn 



Or sufFerIng 
escape. 



May be mo 
tioned agst. 



And judgt. 
had him 
self and sure 
ties with in 
terest 



Notice given 



the debt damages or costs, as in such writ is 
required, or any part thereof and shall not im- 
mediately pay the same to the party to whom 
the same is payable, or his attorney, or shall 
return upon any writ of capias ad satisfacien- 
dum, or attachment for not performing a de- 
cree in chancery, for the payment of any sum 
of money, that he hath taken the body or bod- 
ies of the defendant or defendants, and hath the 
same ready to satisfy the sum in such writ 
mentioned, and shall have actually received 
such money of the defendant or defendants, or 
have suffered him or them to escape, with the 
consent or negligence of such Sheriff or other 
officer, and shall not immediately pay such 
money to the party to whom the same is pay- 
able, or his attorney, then and in either of the 
said cases, it shall and may be lawful for the 
creditor at whose suit such writ of fieri facias, 
venditioni exponas, capias ad satisfaciendum, 
or attachment shall issue upon a motion made 
in the next succeeding General court, or other 
court from whence such process issued, to de- 
mand judgment against such Sheriff or other 
officer, and the securities of such Sheriff or 
other officer, for the money mentioned in such 
writ, or so much as shall be returned levied on 
such writs of fieri facias or venditioni exponas, 
with interest thereon at the rate of fifteen per 
centum per annum, from the return day of the 
execution, until the judgment shall be dis- 
charged, and such court is hereby authorised 
and required to give judgment accordingly, 
and to award execution thereon ; Paovided, 
Such Sheriff or other officer, have ten days 
previous notice of such motion. 



376 



SHERIFFS. 



659 



Sec. 6. And whereas, doubts have arrisen 
in what manner judgment should be rendered a- 
gainst any sheriff or coroner who shall fail to re- 
turn an execution to the office from whence it 
issued on or before the return day thereof: Be 
it enacted. That where any writ of execution 
or attachment for not performing a decree in 
chancery, shall come into the possession of any 
sheriff or coroner and he shall wilfully or ne- 
gligently fail to return the same to the office 
from whence it issued, on or before the re- 
turn day thereof, it shall be lawful for the court, 
ten days previous notice being given, upon 
motion of the party injured to fine such sher- 
iff or coroner at their discretion in any sum 
not exceeding five dollars nor less than two 
dollars per month, for every hundred dollars 
contained in such judgment or decree, on 
which the execution or attachment so by him 
detained was founded, and so on in proportion 
for any greater or lesser sum, counting the 
aforesaid month, from the return day of the 
execution or attachment to the day of render- 
ing the judgment for the said fine, which fine 
shall be for the benefit of the party grieved. 

Sec. 7. When any writ of capias ad satis- 
faciendum is issued against any person or 
persons out of any court of record within this 
territory, and he or they are taken by virtue 
of the same, and if the party at whose suit the 
said writ was issued after issuing of the same, 
shall by request of the prisoner, release said 
prisoners for the purpose of giving him or 
them further time to make the money thereon, 
it shall and may be lawful for the party at 
whose suit the execution was issued, at any 



Failling to re 
turn exon. 



Having no 
tiee 



May be fined 



Time given 
prisoner not 
bar otiier ex 
ecution. 



377 



660 



SHERIFFS. 



time thereafter, to issue forth his or her writ 
of capias ad satisfaciendum or fieri facias, on th** 
said judgment notwithstanding the release of 
the said prisoner or prisoners. 



AN ACT 

Prescribing the duty of Sheriffs in a certain 
case. 

Adopted from the Georgia Code. 



Passed February 26, 1810. 



Property ta 
ken n exon 
to be loimed 
on th shfF 
to p st pone 
sale 



Be it enacted by the Governor and judges 
of the Illinois Territory, and it is hereby en- 
acted by the authority of the same. That 
where any sherilif shall levy an execution on 
property claimed by any person not a party to 
such execution, such person shall make oath 
to such property, and it shall be the duty of 
the sheriff to postpone the sale or future execu- 
tion of the judgment until the next term of the 
court, from whence the execution issued: 
and such court shall cause the right of property 
to be decided on by a jury at the same term, 
unless special cause be shewn to induce the 
court to continue the same for one term, and 



378 



SHERIFFS. 



661 



no longer: Provided the person, claiming such 
property or his attorney, shall give bond to 
the sheriff with security in a sum equal to the 
amount of the execution, conditioned to pay 
to the plaintiff all damages which the Jury on 
the trial of the right of property may assess 
against him in case it should appear that such 
claim was made for the purpose of delay, and 
every juror on the trial of such claim shall be 
sworn in addition to the oath usually adminis- 
tred to give such damages, not less than ten 
per cent, as may seem reasonable and just; to 
the plaintiff against the claimant, in case it shall 
be sufficiently shewn that such claim was in- 
tended for delay only, & it shall be lawful for 
such jury to give a verdict in manner aforesaid. 
By virtue whereof judgment may entered up 
and execution issued against such claimant. 
And Provided also. The burthen of the proof 
shall lay on the plaintiff in executin. 



The claiman 
to give bond 
and security 
to prosecute 
his claim. 



Jury may as 
sess damages 
if the claim 
be for delay 



The foregoing is hereby declared to be a 
law of this Territory and to take effect from 
the first eay of May next. 



379 



662 



SURVEYORS. 



SURFEYORS. 



AN ACT 

For the appointment of Surveyors and their 
DeputieSj and for allowing them Fees. 

Passed Sept. 17, 1807. 



Gov. to ap- 
point survrs. 



Take oath. 



Sec. 1. A Surveyor shall be appointed in 
every county, and commissioned by the Gov- 
ernor, with reservation in such commission, 
for one sixth part of the legal fees, for the 
territory, for the yearly payment of which, he 
shall give bond with sufficient security to the 
governor, shall reside within his county, and 
before he shall be capable of entering upon the 
execution of his office, shall before the court 
of Common pleas of said county, take an 
oath and give bond, with two sufficient secu- 
rities, to the governor and his successors in 
such sum as he shall direct, for the faithful 
execution of his office. 



Give bond & 
security 



Sec. 2. All deputy surveyors shall be 
nominated by their principals, who shall be 
answerable for them, and if of good character 



380 



SURVEYORS 



663 



commissioned by the governor, and shall 
thereupon be entitled to one half of all fees re- 
ceived for services performed by them respec- 
tively, after deducting the proportion thereof 
due to the territory. 



Sec. 3. If any principal surveypr shall fail 
to nominate a sufficient number of deputies to 
perform the services of his office, in due time, 
the court of Common pleas of the county shall 
direct Vi^hat number he shall nominate, and in 
case of failure shall nominate for him: and if 
any deputy surveyor, or any other on his be- 
half, and with his privity, shall pay or agree to 
pay any greater part of the profits of his office, 
sum of money in gross, or other valuable con- 
sideration to his principal for his recommen- 
dation, or interest in procuring the deputation, 
such principal and his deputy shall be thereby 
rendered incapable of serving in such office. 



When C. P. 
to nominate 



Deputy how 
incapacitated 



Sec. 4. No survey shall be made w^ithout 
chain carriers, to be paid by the person deman- 
ding the same, and svi^orn to measure justly 
and exactly to the best of their knowledge, and 
to deliver a true account thereof to the survey- 
or, which oath every surveyor is hereby em- 
powered and required to administer. 



Chain carri 
ers how paid 



Take oath 



Sec 5. For every survey by him plain- D. C. 
ly bounded, as the law directs, 
and for a plat of such survey 
after the delivery of such plat, 
where the survey shall not ex- 
ceed four hundred acres of land 5 25 



Survey plat 
fees for 



381 



664 SURVEYORS. 

For every hundred acres contain- 
ed in one survey, above four 
hundred 25 

For surveying a lot in town 1 

And vi^here a surveyor shall 
be stopped or hindred from 
finishing a survey by him 
begun, to be paid by the 
party who required the 
same to be surveyed 2 62 

For running a dividing line 2 10 

For surveying an acre of land for 

a mill 1 5 

For every survey of land formally 
patented, and which shall be re- 
quired to be surveyed, and for 
a plat thereof, delivered as afore 
said, the same fee as for land not 
before surveyed ; and where a 
survey shall be made of any 
lands which are to be added to 
other lands in an inclusive pat- 
ent, the surveyor shall not be 
paid a second fee for the land 
first surveyed, but shall only re- 
ceive what the survey of the 
additional land shall amount to. 

And where any surveys have been 
actually made of several parcels 
of land adjoining, & several plats 
delivered, if the party shall desire 
one inclusive plat thereof, the 
surveyor shall make out such 
for 15 

For running a dividing line be- 
tween any county or township, 
to be paid by such county, or 

382 



SURVEYORS 



665 



township, in proportion to the 

number of taxable inhabitants, 

if ten miles or under 
And for every mile above ten 
For receiving a warrant of survey 

and giving a receipt therefor 
For a copy of a plat of land or a 

certificate of survey 



10 



Provided always. That where any person 
shall employ a surveyor, and shall have re- 
ceived a plat of land surveyed, and afterwards 
shall assign the plat of land to any other, either 
before, or after obtaining a patent for the same, 
if such person for whom the land was first 
surveyed, shall not have paid for the said sur- 
vey, it shall and may be lawful for the sheriff 
or other officer of the county or corporation 
where such assignee shall reside; at the in- 
stance of such surveyor, to make distress upon 
the slaves, goods and chattels of such assignee 
in like manner as is herein after provided for 
surveyors, fees refused or delayed to be paid. 



Surv ys and 
p ts made 
an de i ered 
& fterwards 
assigned, the 
shff. or other 
officer a the 
in anee of 
su V may 
distr as for 
fe s delayed 
to be paid 



The surveyor of every county shall annual- 
ly before the twentieth day of January deliver 
or cause to be delivered to the sheriff of every 
county his account of fees due from any person 
or persons, residing therein, which shall be 
signed by the said surveyor. 



Fees due an- 
nual de iv- 
e ed to shfF. 
to collect 



And the said sheriffs are hereby required and 
empowered to receive such accounts, and to 
collect levy and receive the several sums of mo- 
ney therein charged, of the persons chargea- 



When shff. 
t f 

t ess & 



i4 



383 



666 



SURVEYORS. 



Time when 
shff. to acpt 



Refusing to 
acpt. & pay 
how proceed 
ed against 



Judgt. to be 
granted and 
exon. issued 
Also vs exrs. 
or adm. of 
sheriffs. 
Reepts. go d 
unless denied 
en oath 



ble therewith, and if such person or persons 
after the said fees shall be demanded, shall re- 
fuse or delay to pay the same till after the tenth 
day of April in every year, the sheriff of every 
county wherein such person resides, or of the 
county in which such fees became due, shall 
have full power, and he is hereby required, to 
make distress of the slaves, or goods and chat- 
tels of the party so refusing or delaying pay- 
ment, either in that county where such person 
resides or where the same fees became due. 

Every sheriff of every county shall on or 
before the last day of May in every year, ac- 
count with the respective surveyors for all fees 
put into his hands pursuant to this act, and pay 
the same abating six per eentum for collecting 
and if any sheriff shall refuse to account or pay 
the whole amount of fees put into his hands, 
after the deductions aforesaid made, together 
with an allowance of what is charged to per- 
sons not dwelling or having any visible estate 
in his county, it shall and may be lawful for the 
surveyors, their executors or administrators, 
upon a motion made in the next succeeding 
General or Circuit court, or in the court of 
Common pleas of the county to demand judg- 
ment against such sheriff, for all fees, where- 
with he shall be chargeable by virtue of this 
act, and such court is hereby authorised and 
required to give judgment accordingly, and to 
award execution thereupon. Provided, The 
sheriff have ten days previous notice of such 
motion. The executors or administrators of 
any such sheriff or under sheriff, shall be liable 
to judgment as aforesaid, for the fees received 
to be collected by their testator intestate, and 



384 



TAVERNS. 



667 



not accounted for; every receipt for fees pro' 
duced in evidence on any such motion, shall 
be deemed to be the act of the person sub- 
scribing it, unless he shall deny the same upon 
oath. 



TAVERNS. 



AN ACT 



To License and Regulate Taverns. 



Passed Sept. 17, 1807. 



Sec. 1. For preventing disorders, and the 
mischiefs that may happen by multiplicity of 
public houses of entertainment, no person or 
persons shall in future have or keep any pub- 
lic inn or tavern, ale house or dram shop, or 
public house of entertainment, in any county, 
town or place within this territory, unless such 
person or persons, shall first obtain permission 
or license from the court of Common pleas, 
which shall continue for one year and no lon- 
ger, under the penalty of one dollar per day, 
for every day on which the party offending, 
shall keep such public inn, tavern, ale house, 



Publicans to 
be licensed 
by the courts 
of common 
pleas 



under wh 
penalties. 



385 



668 



TAVERNS. 



dram shop, or public house of entertainment, 
to be recovered with cost, before any justice 
of the peace, in an action qui tarn, two thirds 
whereof shall go to the use of the poor of the 
county, where the offence may be committed, 
and the other third to the prosecutor suing for 
the same, to effect. 



No disorder* 
ly conduct i 
unla ful 
games und r 
pain of sup- 
pression and 
fine. 



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



Good enter- 
tainmen to 
be provided 
under a pen- 
alty of 5 dol 
iars 



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



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



Sec. 4. The said court shall at the time of 
granting any license under this act, demand 
of, and from the person obtaining the same, 



386 



TAVERNS. 



669 



any sum not exceeding twelve dollars, which 
they may deem reasonable, taking into con- 
sideration the stand, where such tavern is to 
be opened, which sum so received, shall, by 
the said court be paid to the county Treasurer, 
for the use of the county, and the said court 
shall also demand of such applicant, one dol- 
lar, for the use of the Clerk. 

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



No lie nse to 
be given un- 
less bond 
with surety, 
if required, 
executed to 
tlie governor 
under a pen- 
alty. 



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



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



387 



670 



TAVERNS. 



Penalty there 
on 



Re ailers and 
publicans not 
to harbor or 
trust minors 
servants &c. 
on forfeiture 
&c. 



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

Sec, 7. If any inn-holder, or keeper of pub- 
lic house, or any retailer of liquors, shall re- 
ceive, harbour, entertain or trust any minor 
under the age of twenty one years, or any ser- 
vant, knowing them, or either of them to be 
such, or after having been cautioned or warn- 
ed to the contrary, by the present guardian, 
master or mistress, of such minor of servant, in 
the presence of one or more credible witnes- 
ses, such inn-holder, keeper of public house, 
or retailer of liquors, so offending, shall, for 
the first or second offence, being duly convic- 
ted thereof, forfeit and pay the sum of three 
dollars, for every such offence, over and above 
the loss and forfeiture of any debt such minor 
or servant, shall or may contract for liquors or 
entertainment, and upon conviction for the 
third offence, the license obtained by such of- 
fender, is hereby declared null and void ; and 
the person so repeatedly offending, shall for- 
feit and pay the sum of twelve dollars, on con- 
viction by indictment to the use of the county, 
and be forever after incapable of keeping a 
public house, or inn, within the territory. 



388 



TAVERNS. 



671 



Sec, 8. No person shall, by any means, pre- 
sume to furnish, supply, or sell to any bond 
servant or slave, any rum, brandy, spirits, or 
any other strong liquors, or strong vi^ater, mix- 
ed, or unmixed, either within or v^^ithout doors ; 
nor shall receive, harbor or entertain any slave 
or servant, in or about his, her, or their houses 
without special license had and obtained under 
the hand of such master or mistress, of such 
slave or bond servant respectively, under the 
penalty for the the first offence of three dollars, 
and for every succeeding offence four dollars, 
to be recovered before any one justice of the 
peace of the county where the olifence is com- 
mitted, on the proof of one or more credible 
witnesses, or upon the view of any justice 
within the respective Counties where the fact 
shall be committed. 



Not to sell 
&c. to bond 
servonts or 
slaves, or har 
bor or enter 
tian them 
without con 
sent of master 
etc on for- 
feiture etc. 



Sec. 9. The several fines imposed by this 
law shall on conviction be levied by execution 
on the offenders goods, or his, her, or their 
persons shall be committed to the county jail 
until the same be paid, and all fines and forfei- 
tures recovered by virtue hereof, which are not 
otherwise appropriated by law shall be applied 
in manner following that is to say; one moiety 
thereof shall be paid to the father mother guar- 
dian, master or mistress of the minor or ser- 
vant entertained as aforesaid, or to the servant 
himself as the justice of the peace may direct; 
the other moiety shall be paid to the Sheriff as 
treasurer, for the county where the offence was 
committed. 



Fines etc. 
how levied 
and disposed 
of 



Sec. 10. The courts of Common pleas res- 
pectively at the time of granting any license 



389 



672 



TAVERNS 



Court to 
make out a 
list of rates 



Publicans to 
set up a copy 
thereof in the 
m st p b ic 
room of h s 
house 



P nalty on 
neglect o sel 
ling a high 
er rates and 
how recove 
rable. 



or permission, under this act, shall make out a 
list of rates for the government of the Tavern- 
Keepers applying for the same, and it shall be 
the duty of the clerk of the Common pleas, 
at the time of granting such license or permis- 
sion under the direction of the court aforesaid, 
to make out a copy of the rates and deliver the 
same to the person applying for permission or 
license to keep a tavern, vi^ho shall set the same 
up in the most public room in his, or her house, 
and any person who shall presume to sell at 
any higher rates than those made by the court or 
Vi^ithout having first set up his rates, as afore- 
said, for every such offence shall forfeit and 
pay twenty dollars, for the use of the person 
suing for the same, before any justice within 
this territory. 



390 



TOWNSHIPS. 



673 



TOWNSHIPS. 



AN ACT 

To authorize and require the Courts of Com- 
mon Pleas to divide the counties into Town- 
ships, and to alter the boundaries of the same, 
when necessary. 

Passed Sept. 17, 1807. 



Sec. 1. The Judges of the court of Com- 
mon Pleas in the several counties within this 
territory, shall in their terms respectively, pro- 
ceed to divide the said counties into townships, 
assigning to such townships respectively, such 
limits and bounds, natural or imaginary, as 
shall appear to be most proper, having due re- 
gard to the extend of country and number 
of inhabitants residing within the same; and 
the said townships or any of them to subdivide 
from time to time, whenever the interest and 
convenience of the inhabitants thereof may 
seem to require it; and the said court of 
Common Pleas shall cause their clerk to en- 
ter of record on the docket of the same court, 
the particular time when each township is set 
off and the specific boundaries assigned there- 
to. 



C. C. Pleas 
to divide 
counties in< 
to townsliips 



May subdi- 
vide tliem. 



Cll( to malte 
record tliere 
of 



k4 



391 



674 



TOWNS. 



TOWNS. 



AN ACT 



Concerning the Town of Kaskaskia. 

Passed December 15, 1814. 



Election for 
trustees fi st 
of ma ch 
1815. 



Owners of 
lots above 21 
years and re 
sidents to 
vote 



Justice of the 
peace to su 
perintend 
elections and 
report it to 
next court of 
com. pleas 



Sec. 1. Be it enacted by the Legislative 
Council and house of Representatives, and it is 
hereby enacted by the authority of the same, 
That an election shall be held at the court 
house in the town of Kaskaskia on the first 
day of March next for three commissioners, 
for which every free w^hite male inhabitant of 
the said town above the age of twenty-one 
years and owning a lot or lots in said town, 
shall be allowed a vote. The said election 
shall be superintended by a justice of the peace, 
who shall return to the next succeeding court 
of Common Pleas or county court for the 
county of Randolph the aggregate amount of 
votes for three successful commissioners, which 
shall be admitted to record, whereupon the 
said commissioners shall be authorised to lay 
out the streets for the town of Kaskaskia: 
Provided hoivever. That no building or other 



392 



TOWNS 



675 



improvements shall be affected thereby without 
the consent of the owner or occupier thereof. 
And provided they shall be governed as near 
as may be (with the above exception) by the 
existing plan of the town, after which they 
shall make a plat of said streets and exhibit 
thereon the relative situation of the residents 
of said town which shall be presented as soon 
as may be to the court of Common Pleas or 
county court, who shall thereupon confirm 
and establish said town and have the plat 
thereof recorded. 

Sec. 2. Be it further enacted, That each 
and every individual having a claim or title to 
any lot or lots or claiming and occupying 
any lot or lots in said town shall upon ap- 
plication to the court of Common Pleas or 
county court having given thirty days previ- 
ous notice at the court house door of his inten- 
ded application and have his or their said lot 
or lots condemned by said court as a part of 
the town aforesaid upon his or her or their 
giving bond with security to be approved by 
said court to pay to any person or persons 
who may hereafter exhibit a better claim to 
said lot or lots at the time of its or their con- 
demnation, considering the same as unimprov- 
ed: Provided however. That nothing herein 
shall be construed to affect the right of per- 
sons, who have both made improvements on 
the same lot or lots, or who have adverse 
claims to the same improvements, arising sub- 
sequent to the making of said improvements; 
but in all cases where the improvements have 
been made by any individual or other person 
under whom he or she claims, such individuals 



To lay out 
the streets 



To make a 
plat of the 
town 



Persons clai 
ming and 
occupying 
lots may ap 
ply to the 
court of com 
pleas to have 
them con 
demned as 
part of the 
town 



Give 30 days 
notice 

To give bond 
to pay their 
present value 
to a better 
claimant 



Not to fFect 
them who 
have made 
improve 
ments on th 
same lot. 



393 



676 



TOWNS. 



having their lots condemned shall be liable to 
pay to an adverse claimant with a better title 
the value of the lots in their unimproved state 
at the time of the condemnation thereof. 



To tax the 
inhabitants 
therefor 



Sec. 3. Be it further enacted, That the 
court of Common pleas or county court for 
the county aforesaid, shall allovr the said com- 
missioners a reasonable compensation for their 
services which said sum shall be collected of 
the inhabitants of said town by an apportionment 
to be made amongst them by the said court, 
which apportionment the said court is hereby 
authorised and empowered to make. 



AN ACT 
Concernbig the establishment of Towns. 

Passed Deer. 19, 1814. 



County court 
may establish 
town upon 
application 



Sec. 1. Be it enacted by the Legislative 
Council an House of Representatives of Illinois 
Territory, and it is hereby enacted by the au- 
thority of the same; That the county courts 
in this territory, shall be and the same are here- 
by vested with full power and authority in 
all cases within the bounds of their counties, 
where they may seem necessary and advanta- 
geous for the same and the people at large, by 



394 



TOWNS. 



677 



an order of court to establish a town and vest 
any particular tract or parcel of land in trustees 
for that purpose, on application of the proprie- 
tor of the land, and the court shall on such or- 
der ascertain by metes & bounds the quantities of 
land that they may deem necessary for such 
town, appoint the trustees, and fix the name by 
which it may be called, which order of court 
shall as effectually vest the land so allotted for 
a town in such trustees, as if done by an act 
of the legislature; Provided however. That no 
application shall be made to any court for an 
order as aforesaid, unless notice of such appli- 
cation shall have been given to the public by 
advertisement at the door of the court house of 
the county in which the land shall lie, for at 
least two months and twice a month for three 
months successively in the "Illinois Herald" 
or any other public paper in this territory pre- 
vious thereto: And provided also. That no 
town shall be established on any land under 
this act, or any land laid off in addition to any 
town already established, to which any person 
or persons sets up a claim either in law or 
equity, without the consent of the adverse 
claimant or claimants. The land vested in trus- 
tees as aforesaid, shall be by them or a majority 
of them, laid off into convenient streets and lots, 
and shall be disposed of by them at public 
auction, for the best prices that can be had 
either in money or property, as the proprietors 
of said town may direct, having previously ad- 
vertised such sale at the door of the court 
house two months. The said trustees shall 
take bond, with security or securities to be 
approved of by the proprietor for the payment 
of the purchase money to the proprietor, and 



Vest the land 
in trustees. 



Fix tlie name 
of tlie town 



Notice to be 
given of tlie 
application 



Trustees to 
lay off the 
town 



sell the lots 



395 



678 



TOWNS. 



And convey 
them 



And make 
regulation 
for the gov 
ernment of 
the town 



May fill va 
cancies in 
their board 



deliver such bond to him. The said trustees 
shall convey the lots in fee simple to the pur- 
chasers and shall moreover have full power and 
authority to make such rules and regulations 
for the government of said town as shall ap- 
pear necessary; Provided they are not contrary 
to the ordinance and laws of this territory; 
and shall settle and determine the bounds of all 
lots in said town, and fiU any vacancy that may 
happen, by death, resignation, refusal to act, 
or removed out of the county, of any of the 
trustees so appointed or elected as hereafter 
directed. 



Trustees to 
have the 
streets clean 
ed and re 
paired 



Holders of 
lots to elect 
trustees when 
they amount 
to 15. 



Sec. 2. And the trustees of any town esta- 
blished by this act are hereby empowered to 
cause the streets of the said town to be cleaned 
and repaired by the inhabitants thereof, and 
if they or any of them, shall refuse to clean, or 
repair the part of said streets assigned them, it 
shall be lawful for the said trustees or a major- 
ity of them to hire the cleaning and repairing 
of said streets and levy the price thereof on the 
person or persons so failing and refusing, and 
in case they do not make payment immediately 
the said trustees are hereby authorised and em- 
powered to recover the same before any justice 
of the peace of the county with costs, and each 
justice shall grant execution accordingly. 

Sec. 3. When the holders of lots in any 
town established agreeably to this act, and ac- 
tually therein shall amount to fifteen, they shall 
elect trustees of the said town on the first court 
day of the first court in every second year, and 
the trustees so appointed shall have the same 
powers as those appointed by the court. 



396 



TOWNS. 



679 



Sec. 4. When any person shall apply to the 
court of any county to have a town established 
under this act it shall be the duty of such court, 
and they are hereby directed to take bond with 
security in the penalty of one thousand dollars 
payable to the justices of said court or their 
successors from the person applying, condi- 
tioned that if any person shall hereafter establish 
a better title either in law or equity to the land 
or any part thereof, on which said town is 
erected, that he shall pay & account to such per- 
sons establishing the better title, for all sums 
of money, for which the lots or the part of 
them included within the bounds of such better 
title were sold by the trustees, which bond 
may be put in suit by & at the expense of any per- 
son establishing a better title to the whole or 
any part of such land, from time to time until 
the whole of the money for which any lots 
included in the bounds of any such better title 
have been sold shall be recovered. 

Sec. 5. Where any town has been establish- 
ed in this territory and the proprietor of the 
land adjoining the same, shall wish to add to 
or enlarge said town and having advertised the 
same agreeably to the direction of this act, the 
court of the county, in which the same is es- 
tablished or situate on this application are hereby 
authorised if they deem it necessary to add 
any particular tract or parcel of land to such 
town, or by order of court vest in the trustees, 
the same. Taking bond with approved security 
from the proprietor as in other cases, and the 
said trustees shall proceed to lay off the land 
into streets and lots and dispose of the same 
agreeably to the direction of this act. And where 



The court to 
take bond 
from the ap- 
p icont to re 
fund if a 
b tter itie 
be established 



Bond to be 
sued by the 
person hav- 
ing the better 
title 



Adjoining 
lands added 
to the town 
upon applica 
tion 



397 



680 TOWNS. 

any town has been heretofore established and 
not vested in trustees, or where the same has 
been vested, and the same trustees or a majority 
of them are dead or removed, it shall be the 
duty of the county court in which such town 
may be, on application of the proprietor or 
without, if it shall to them appear necessary, to 
appoint trustees for such town or towns and the 
lands appropriated by law shall be vested in the 
Trustees so appointed and such trustees shall 
have full power and authority to convey lots in 
like manner and possess the same powers as 
Their pow- are given to other trustees by this act and where 

ep and duty j^^-g j^^^g j^^^j^ g^j^j ^j^j ^^^ conveyed, the said 

trustees are hereby authorised and empowered 
to convey the same. 

Sec. 6. The clerks of courts shall be en- 
Fees of elk . titled to the same fees to be paid and collected 
in like manner for the duties injoined on them 
by this act as for services of a similar nature. 



AN ACT 

Concerning the Town of Shawanoe Town. 

Passed Dec. 8, 1814. 

Sec. 1. Be it enacted by the Legislative 

Trustees Council and House of Representatives of the 

appointed Illinois territory and it is hereby enacted by the 

authority of the same. That the following per- 



398 



TOWNS 



681 



sons be and they are hereby appointed Trustees 
of the town of Shawanoetown to continue in 
office until the first Monday in November 
next, and until the Election of the successors 
as hereinafter provided (viz.) Henry Oldham, 
Thomas E. Craig, John Marshall, George 
W. Frazer & Joseph M. Street. 



Election of 
successors. 



Sec. 2. Be it further enacted that the hol- 
ders of lots in said tovi^n being residents thereof 
or being in possession of any lot or lots, and 
holding a bond for conveyance, shall be and 
they are hereby authorised to elect five trus- 
tees annually on the first Monday of Novem- 
ber. That it shall be the duty of the sheriff 
of Gallatin county to give twenty days previ- 
ous notice in writing at the door of the court 
house of said county, that such an election will 
be holden, and also to superintend and conduct 
the same, and may employ a clerk to assist 
him in keeping the poll, for which services 
compensation shall be made by the trustees. 



Resident liol 
ders of lots 
to elect 5 
trustees 



Sheriffs to 
hold elections 
and employ 
a clerk. 



Sec. 3. Be it further enacted. That the 
trustees shall have power to appoint a clerk to 
their board, and annually to appoint an assessor, 
whose duty it shall be to value and assess all 
the lots in said town and make a return thereof 
to the trustees, having previously taken an 
oath before some justice of the peace truly and 
impartially to perform the same; but in valua- 
tion of said lots the houses and other improve- 
ments erected thereon shall not be taken into 
consideration. 



Trustees may 
appoint a 
clerk to the 
board and 
an assessor his 



14 



399 



682 



TOWNS. 



Trustees to 
levy a tax 



Repairing 
streets 



Trustees to 
appoint a 
collector 



His duty 



His allowance 



Sec. 4. Be it further enacted, That upon 
the return of such list of taxable property by 
the assessor the trustees shalllevyatax thereon,ata 
rate not exceeding two per centum per annum 
on the valuation of said lots, for surveying the 
tow^n ; paying the expense of their officers, and 
clearing and keeping in repair the streets and 
such other improvements as may be deemed 
expedient and necessary by the board of trus- 
tees. 

Sec. 5. Be it further enacted. That it shall 
be the duty of the board of trustees annually, 
after the assessment shall have been made as 
aforesaid, to appoint a collector, vrho shall 
before he enters on the duties of his office, 
give bond and security to the trustees or a ma- 
jority of them in double the sum to be collec- 
ted, conditioned for the faithful collection and 
accounting for the same according to law. 
The said collector shall by sale of the lots or 
otherwise collect and account with the trustees 
for the amount of the taxes put into his hands 
for collection within three months from the 
time of the list of assessment being put into 
his hands for collection, for the collecting of the 
said taxes the trustees shall allow the said col- 
lector six per cent on the amount collected. 
The said collector shall make personal appli- 
cation to the person or persons charged with 
the tax in the list of assessment, if they be re- 
sidents of said town, before he shall expose to 
sale any lot or other property to make the 
amount of the tax due from such inhabitant & 
if the amount be not paid to the collector with- 
in one month after such application, it shall 
and may be lawful for the collector to seize 



400 



TOWNS. 



683 



any personal property of any such delinquent, 
which he may find in said town; and after hav- 
ing given ten days previous notice in writing 
at some public place in said town, to make sale 
thereof or so much as will pay the tax and costs 
of keeping the property, and in case the col- 
lector cannot find any property whereof he 
can make the taxes due from any person char- 
ged with the taxes aforesaid, it shall and may 
be lawful for the collector to sell the whole or 
so much of each lot at public sale, after having 
given twenty days previous notice in writing 
in three of the most public places in said town, 
as will pay the tax due thereon, and shall give 
the purchaser or purchasers a certificate there- 
of which shall vest the title completely in whose 
name soever the same may be sold, unless the 
same may be redeemed by the owner by pay- 
ing to the purchaser within twelve months af- 
ter such sale the amount of the purchase mo- 
ney with twenty-five per cent thereon. 



Seize and sel 
personal pro 
perty 



Sell lots 



Sec. 6. Be it further enacted, That on the 
death, resignation or removal of any one or 
more of the trustees, the vacancy shall be fill- 
ed by the remaining trustees, who shall appoint 
a successor or successors to continue in office 
until the next election and in case there should 
not be an election held for trustees at the time 
appointed by this act the last trustees in office 
shall continue in office until the next annual 
election. 



Vacancy filled 
by remain 
ing trustees 



Sec. 7. Be it further enacted, That the 
trustees of the said town or a majority of them 
shall have power and authority to make such 
bye laws, rules and ordinances for the good 



Trustees t 
make by 
laws &c. 



401 



684 



TOWNS. 



Procure a 
burying 
ground 



regulation of the said town as shall to them 
seem meet (if not inconsistent with the laws of 
this territory or the ordinance) and cause the 
same to be published in the most public pla- 
ces in said town from time to time for the in- 
formation of the citizens thereof, and it shall be 
the duty of the said trustees to procure some 
convenient piece of ground and cause the same 
to be enclosed for a public burying ground. 
And it shall moreover be the duty of said trus- 
tees to cause the said town to be surveyed and 
a plan thereof recorded in the recorder's office 
of Gallatin county, and may provide for affix- 
ing posts or stones at the corner of each square 
or lot to perpetuate the same; and may ap- 
point one or more of the trustees to superintend 
the surveying the same. 



3 trustees con 
stitute a 
boqrd 



Sec. 8. Be it further enacted. That any 
three of the trustees may and shall be suffici- 
ent to constitute a board. 



This act to be in force from the passage 
thereof. 



402 



TRESPASS. 



685 



TRESPASS. 



AN ACT 

Concerning trespassing Animals. 

Passed Sept. 17, 1807. 



Sec. 1. If any horse, mare, colt, cattle, 
sheep or hogs, shall trespass, by breaking into 
the lawful enclosure of any person or persons, 
every such person being injured by such tres- 
pass, may seize and distrain such trespassing 
creature, and the same so seized, and distrain- 
ed, may retain until he, she or they, shall re- 
cover and receive the damages sustained by 
such trespass, together vt^ith the costs of ad- 
vertising, and reasonable charges for keeping 
such distress, in manner herein after directed. 



Trespaislng 
animals may 
be distrained 



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



Notice of 
distress to be 
given to ow 
ner 



403 



686 



TRESPASS. 



proceedings 
after notice 



How satisfac 
tion to be 
made 



three days after the distress taken, as aforesaid, 
cause an advertisement of the marks, brands, 
stature and colour thereof, and of the place 
where the same may be found, to be affixed 
in a conspicuous manner, at the most public 
place of his, her or their township ; and if, up- 
on such notice, or advertisement, such owner 
or owners shall appear, but neglect, or refuse 
to make, or tender a reasonable satisfaction to 
the party injured, for the damages sustained 
by such trespass, and in keeping the said crea- 
ture; or if the said person or persons, so mak- 
ing the distress, shall not accept the said sa- 
tisfaction, it shall and may be lawful for either 
of the parties aforesaid, to complain and apply 
to any justice of the peace, of the county, 
where such creature shall be seized and dis- 
trained, as aforesaid, who shall upon such 
complaint, and application, issue his warrant, 
directed to any two honest and reputable free- 
holders of the neighborhood, commanding 
and enjoining them forthwith, to view the said 
trespass, and to value, appraise, and ascertain 
the injury or damage done to, or within the 
enclosure aforesaid, having regard to the law- 
fulness of said fence, with the expense and 
costs of keeping the said creature, and to 
make report thereof to him the said justice, 
with all convenient speed, which said valuation 
and appraisement, and return, they, the said 
freeholders, are hereby required, and enjoined, 
to make accordingly — and if the said valuation 
and appraisement, shall not amount to more 
than the sum of money tendered to the party 
injured, as a recompence for the damage done 
as aforesaid, before such complaint made, then 
the said justice shall give judgment for the 



404 



TRESPASS. 



687 



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

Sec, 3. Whoever shall hurt, kill or do dam- 
age, to any horse, mare, colt, cattle, sheep, 
lamb, or hog, by hunting or driving them out 
of, or from the said enclosure, or by neglecting 
to provide them sufficient food and water, after 
they may have been distrained, shall be liable 
to make good all damages sustained thereby, 
to the owner of such creature or creatures. 



Damages on 
hurting or 
killing anim 
als &c or not 
providing 
them with 
sufficient 
food after 
distress made 



Sec. 4. If no owner or owners appear and 
make out, his or their property in the said 
creatures, within two weeks after such adver- 
tisements shall be published in the township, 
as aforesaid, the person or persons making such 
distress, shall forthwith under the penalty of 
twelve dollars, cause the like advertisement to 
be published three times successively, in one or 
more news-papers or gazettes printed & published 
within this territory provided there is a gazette 
or news-paper then printed and published 
within the county, wherein the trespass shall 
happen ; But in case of no such public paper, 
then such advertisement shall be put up in a 
conspicuous manner at the court house door of 



Proceedings 
in case no 
owner ap- 
pears 



405 



688 



TRESPASS. 



Proviso 



Where own- 
er appears 
within one 
year. 



the county; and the party distraining shall 
make application, at the expiration of two 
months after the publication of the same ad- 
vertisements, to the said justice of the peace, 
who is hereby authorised and required, to 
issue his warrant to two honest and respectable 
freeholders, and cause them upon their oath or 
affirmation, which he is hereby empowered and 
required to administer to them, to view, value, 
and appraise the creature or creatures so dis- 
trained, and to ascertain the damages so done, 
as aforesaid, with reasonable charges for keep- 
ing the said creature, and to make return there- 
of, to him as aforesaid, upon which valuation 
and return, the property of, and in the said 
creatures, so valued, shall become, and be held 
and taken to be, and is hereby vested in the 
person so making such distress; but so ne- 
vertheless that he shall be answerable and 
accountable to the owner or owners aforesaid, 
for the valuation money aforesaid, at any time 
afterwards within the space of one year, next 
after the publication of shch advertisement, last 
aforesaid, having first deducted thereout, the 
cost of such proceedings, advertisements, and 
charges of keeping the said creature with the 
damages so ascertained. But if the said owner 
or owners shall not appear and demand the same 
within the time limited, last aforesaid, then the 
said person or persons so making the said 
distress, shall, upon demand made, pay all 
such overplus money to the sheriff of the coun- 
ty for the use of the county, under the penalty 
of double the sum retained in his her or their 
hands, contrary to the direction of this law. 

Sec. 5. If any such person or persons so 



406 



TRESPASS. 



689 



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



if party dis- 
training ne- 
glects to give 
notice, ow- 
ner to have 
restitution 
without ex- 
pence. 



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



Sec. 6. If any person or persons shall know- 
ingly, and wittingly, keep and retain any horse, 
mare, colt, cattle, sheep, lamb or hog, within 
his, her or their enclosures, for the space of 
forty-eight hours, without giving the notice and 
publishing the advertisements aforesaid, every 
such person or persons, shall forfeit and pay 
the sum of twelve dollars for every such of- 
fence to be recorded and applied in manner 
aforesaid. 



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



m4 



407 



690 



TRESPASS. 



AN ACT 



To prevent Trespassing by Cutting of 
Timber. 



Passed Sept. 17, 1807. 



Eight dol- 
lars penalty 
for cutting, 
certain timber 



Three dollars 
penalty for 
all others 



Sec. 1. Every person who shall cut, fell, 
box, bore or destroy any Black Walnut, Black, 
White, Yellow, or Red Oak, White Wood, 
Poplar, Wild Cherry, Blue Ash, Yellow, or 
Black Locust, Chesnut, Coffee, or Sugar tree, 
or sapling standing or growing upon land be- 
longing to any other person or persons, with- 
out having first obtained permission so to do, 
from the owner or owners of such lands, shall 
forfeit and pay for such tree or sapling, so cut, 
felled, boxed, bored, or destroyed, the sum 
of eight dollars ; and every person who shall 
cut, fell, box, bore or destroy any tree or sap- 
ling not herein above named and enumerated, 
standing or growing upon land belonging to 
any other person or persons, without permissi- 
on as aforesaid, shall forfeit and pay for every 
such tree or sapling, so cut, felled, boxed, 
bored, or destroyed the sum of three dollars. 



Penalties how 
recovered 



Sec. 2. The penalties herein above provi- 
ded, shall be recoverable with costs of suit, 
either by action of debt, in the name, and for 
the use of the owner or owners of the land, or 
by action qui tarn, in the name of any person 



408 



TRESPASS. 691 

who will first sue for, and recover the same, 

the one half for the use of the person so suing, I* deft, sets 

and the other half for the use of the owner or tj,e land, and 

owners of the land: Provided always. That give security 

... , 1 • • J I • how to pro- 

if in any action that may be instituted by vir- gggj 

tue of the provisions herein contained, before 
a justice of the Peace, the defendant shall set 
up a title to the land on which the tree or trees, are 
alledged to have been cut, felled, boxed, bored 
or destroyed, and shall forthwith give good 
and sufficient security to prosecute his claim 
or title to the said land to effect, within one 
year; or to appear and defend an action to be 
instituted against him within one year, by vir- 
tue of the provisions herein contained, in any 
court of record within the territory, having 
cognizance thereof; and in either case to abide 
by, and satisfy the judgment that may be giv- 
en in such court, then the said justice shall 
proceed no further in the said cause, but shall 
forthwith dismiss the parties, and it shall be 
the duty of the said justice thereupon to tax 
the bill of costs, that may have accrued before 
him; and so soon as the action shall be re- 
newed, or instituted for the purpose aforesaid, 
to transmit the said bill, together with the re- 
cognizance to be taken as aforesaid, to the 
clerk of the court, in which such action shall 
be instituted or renewed, which costs so taxed 
and transmitted, shall be made a part of the 
judgment, to be rendered as aforesaid. 

Sec. 3. If the said recognizance shall be Upon forfe 

forfeited for not prosecuting as aforesaid, the "f® *"*if-!l? 

nizance, now 

justice shall proceed to enter judgment against to proceed 
the defendant, for the demand of the plaintiff. 



409 



692 



TRESPASS. 



Penalty for 
cutting &c 
certain trees 
on lands se 
cured for 
public uses 



Penalties how 
recovered & 
appropriated 



which shall be taken to be confessed, and ex- 
ecution shall thereupon issue against the said 
defendant and his security or securities; and 
if the said recognizance shall be forfeited for 
not appearing and defending, or for not abiding 
by, and satisfying the judgment that shall be 
given in the court above, the party for whose 
benefit such recognizance was taken, may, by 
a writ, or writs of scire facias, proceed to 
judgment and execution thereon. 

Sec. 4. If any person or persons, shall, after 
the passing of this act, under pretence of any 
lease, or otherwise, cut, fell, box, bore, or 
destroy, any Black Walnut, Black, White, 
Yellow, or Red Oak, White Wood, Poplar, 
Wild Cherry, Blue Ash, Yellow or Black 
Locust, Chesnut, Colifee, or Sugar tree, or sap- 
ling, standing or growing upon any lands 
within the territory, reserved, appropriated, or 
intended for the use and support of schools, 
or for the use and support of religion; such 
person or persons shall forfeit and pay, for 
every such tree or sapling, so cut, felled, box- 
ed, bored, or destroyed, the sum of eight dol- 
lars; and if any person or persons, shall cut, 
fell, box, or bore, or destroy, any other tree 
or sapling, not herein above named and enu- 
merated, standing or growing upon any lands, 
within the territory, reserved, appropriated, or 
intended for the use aforesaid, such person or 
persons, shall forfeit and pay for every such 
tree or sapling, so cut, felled, boxed, bored, 
or destroyed, the sum of three dollars. 

Sec. 5. The penalties provided in the pre- 
ceding section of this act, shall and may be re- 



410 



TRESPASS. 



693 



covered with costs of suit, either by action of 
debt, brought by, and in the name, or names 
of the overseer, or overseers of the poor, of 
the township in which such tree or sapling, 
shall have been cut, felled, boxed, bored, or 
destroyed, as aforesaid for the use of the poor 
of the county; or by action qui tarn, in the 
name of any other person who will first sue 
for and recover the same; the one half for the 
person so suing and recovering, and the other 
half for the use of the poor of the county in 
which such tree or sapling, shall have been 
cut, felled, boxed, or bored or destroyed; and 
it shall be the duty of the overseers of the 
poor, on complaint made to him or them, a- 
gainst any person who may have cut, felled, 
boxed, bored or destroyed, any tree or sapling, 
standing or growing upon any lands reserved 
for the uses aforesaid, within his or their town- 
ship, or upon his or their view or knowledge 
of such trespass, forthwith to institute an ac- 
tion against the trespasser for the purpose afore- 
said, unless an action qui tarn shall have been 
previously instituted for the said trespass, in 
the name of some other person, according to 
the provisions herein contained ; and the said 
overseer or overseers, in the settlement of his 
or their accounts, shall be allowed a reasonable 
credit for the trouble and expense of such 
prosecution ; Provided always. That nothing 
herein contained shall be construed to prevent 
ministers of the gospel from settling and im- 
proving any lands reserved for the use of re- 
ligion. 

Sec. 6. Nothing herein contained shall be 
so construed as to prevent persons now holding 



Overseers of 
the poor's 
duty to pro- 
secute 



To receive 
compensation 



Not to ex 
tend to min 
isters of the 
gospel 



411 



6Q4 



VAGRANTS. 



Nor to pre 
vent ettles 
thereon &c. 



Not to oper 
ate on settlers 
Ignorant of 
the land 
being owned 
by others 



by lease, lands in the college township, or other 
lands appropriated for schools, and religious 
purposes, within this territory from cutting 
and using timber agreeably to the tenor of 
such lease, nor shall it prevent the present settlers 
thereon from cutting timber on such parts 
thereof, as they shall inclose and improve, un- 
til after such regulations as shall be made by 
the legislature of the territory are brought into 
operation. 

Sec. 7. No part of the said recited act, 
shall be so construed as to effect such inhabi- 
tants in the said territory, who may have set- 
tled on lands by mistake or the owner or own- 
ers of which are unknown to them, so far as 
the said act relates to the penalties herein spe- 
cified. 



VAGRANTS. 

AN ACT 
Concerning Vagrants. 

Passed Sept. 14, 1807. 
Sec. 1. Be it enacted by the Legislative 



412 



VAGRANTS. 



695 



Council and House of Representatives, and 
it is hereby enacted by the authority of the 
same, That every person w^ho shall be suspec- 
ted to get his livelihood by gaming, and every 
able bodied person who is found loitering and 
wandering about, not having wherewithal to 
maintain himself by some visible property, and 
who doth not betake himself to labour, or 
some honest calling to procure a livelihood ; 
and all persons who may be found being, and 
who quit their habitations, and leave their 
wives and children without suitable means of 
subsistence, whereby they suffer, or may be- 
come chargeable to the county; and all other 
idle, vagrant and dissolute persons, rambling 
about without any visible means of subsistence, 
shall be deemed and considered as vag- 
rants. 

Sec. 2. When any such person is found in 
any county, any justice of the peace, shall, 
from information, or from his own knowledge, 
issue his warrant, to the Sheriff or constable, to 
bring such person before him; and if upon 
such examination it shall appear to such justice, 
that he comes within the description of vag- 
rants, agreeably to this act, he shall commit 
him to the jail of the county, until the next 
court of Common pleas, unless he enter into 
bond to the Governor in the sum of fifty dol- 
lars, with sufficient security, to be adjudged of 
by the justice, for his appearance before the 
said court, and there to abide the determination 
thereof. If upon examination it appears to 
the said court, that such person is within the 
description of vagrants, and is a minor, they 
shall direct the Sheriff to bind him to some 



Vagrants 
gamesters 
and straglers 



Dissolute life 
and deserting 
family. 



Justice to is 
sue wart. 



On exam, if 
a vagrant to 
be committed 
or give bond 
to govr. et 



413 



686 



VAGRANT. 



If minor va 
grant how to 
proceed 



If marled be 
liberated giv 
ing bond etc. 



ShfF. have 
sentence ex 
ecuted 



Hire of vag 
rant how 
applied 



Vagts. bond 
forfeited 
how crt to 
procd. 



person of useful trade, or occupation, until he 
shall arrive at the age of twenty-one years, and 
if such apprentices desert their masters, they 
shall be dealt with as other apprentices who 
leave their masters before the expiration of their 
apprenticeship. But if such vagrant be above 
the age of twenty-one years, the said court 
shall direct the sheriff to hire him out for any 
term not exceeding nine months: Provided 
however. That if such person have a wife, or 
family, within the county, he shall be set at 
liberty on his entering into bond with approved 
security, by the court, payable to the justices 
thereof, to return to his wife and family, and 
follow some useful employment, for their main- 
tenance and support. 

Sec. 3. When no person will hire a vag- 
rant when deemed such by the court, or will 
not take him, only by furnishing him with such 
diet and clothes as may be necessary for him 
during his servitude, the court shall order such 
vagrant to receive any number of lashes not 
exceeding thirty-nine, on his bare back, and 
the sheriff shall see the same executed accor- 
dingly. 

Sec. 4. The money arising from the hire of 
any vagrant shall be applied by the court to- 
wards the payment of his debts; but if he 
shall not be indebted, or owe to the amount of 
his hire, the same, or the balance thereof shall 
be paid to such vagrant at the time his service 
expire; unless he has a wife, or children, in 
which case it shall be applied to their use. 
When any vagrant shall have entered into 
bond with security as last mentioned, to the 



414 



VAGRANTS. 



697 



justices, and the penalty thereof shall become 
forfeited, the court shall direct an execution to 
issue thereupon against the goods, chattels, 
lands and tenements of such security, and the 
sheriff shall make distress, and collect the 
amount as on other executions, and the money 
arising therefrom shall be applied towards 
lessening the county levy. 



Collected by 
shfF. &e. 



Sec. 5. All the justices of their respective 
counties shall see this act executed, and all 
sheriffs and constables within the several coun- 
ties shall give information to such justices of 
all vagrants that may be within their knowledge 
in their respective counties; and grand jurors 
impannelled for any county shall make present- 
ment of all such persons within the county, as 
they may suspect to be vagrants agreeably to 
this act, and upon such presentment the court 
shall direct some justice of the peace to issue 
his warrant to bring such suspected person be- 
fore him, and if upon examination it appears 
that they come within the description of va- 
grants, the same steps shall be taken against 
them, as are heretofore directed to be taken 
against vagrants. 



Jus. see act 
executed 



Shff. & con 
stable give in 
formation of 
vagrants 



Grand jury 
present vag. 
Crt. direct J. 
to issue wart. 



if vag. pro 
ceeded with 
as before 
stated 



This act shall commence and be in force 
from and after the first day of January next. 



n4 



415 



698 



VICE & IMMORALITY. 



VICE ^ IMMORALITY. 



AN ACT 



For the prevention of Vice and Immorality. 

Passed Sept. 17, 1807. 



Sunday or 1st 
day of the 
week how to 
be kept and 
observed un 
der what pen 
cities. 



Sec. 1. If any person shall be found revel- 
ling fighting or quarrelling, doing or perform- 
ing any worldly employment, or business what- 
soever, on the first day of the week, common- 
ly called Sunday (works of necessity or char- 
ity only excepted) or shall use or practise any 
unlawful game, sport or diversion, whatsoever, 
or shall be found hunting or shooting, on the 
said day, and be convicted thereof; every 
such person, so offending, shall for every such 
offence, forfeit and pay a sum not exceeding 
two dollars, nor less than fifty cents, to be le- 
vied by distress; or in case such person being 
a male, shall refuse or neglect to pay the said 
sum; or goods and chattels cannot be found 
whereof to levy the same by distress, he shall 
be committed to the charge of one of the su- 
pervisors of the highways, in the township 
wherein the offence was committed, to be kept 
at hard labor for the space of two days: Pro- 



416 



VICE & IMMORALITY. 



699 



rofone 
P rsons swea 
ring what 



vided always. That nothing herein contained Proviso in 

shall be construed to hinder watermen from J'Xf'" * ^"^ 

men. 

landing their passengers, or ferrymen from 
carrying over the water, travellers, or persons 
removing with their families, on the first day 
of the week, commonly called Sunday. 

Sec. If any person of the age of sixteen 
years and upwards, shall profanely curse, damn 
or swear, by the name of God, Christ Jesus, 
or the Holy Ghost; every person so offending, 
being thereof convicted, shall forfeit and pay 
for every such profane curse, damn, or oath, a 
sum not exceeding two dollars, nor less than 
fifty cents, at the discretion of the Justice, who 
may take cognizance thereof; and in case he 
shall refuse or neglect to pay the said forfeiture; 
or goods and chattels cannot be found, where- 
of to levy the same by distress, he shall be 
committed to the charge of one of the supervi- 
sors of the highways of the township where the 
offence was committed, to be kept at hard la- 
bor for the space of two days for every such And how 
offence, of which such person shall be convict- punished 
ed. 



Sec. 3. If any person shall presume to ap- 
pear before any court of justice within this 
territory, before any judge or justice of 
the peace, when acting as such, or before 
any congregation, assembled for public 
worship, and there make use of profane 
swearing, or other disorderly behavior, the 
effect of which would have an evident tenden- 
cy to disturb that good order, to be observed 
on those occasions; if before a court of justice, 
he shall be fined in any sum not exceeding 



Swearing & 
disorderly be 
havior before 
congrega 
tions &c. 
what and 
how punished 



417 



700 



VICE & IMMORALITY. 



Proviso in 
favor of courts 
of justice 



Drunlcenness 
who and 
how punished 



fifty nor less than five dollars; if before a 
Judge or Justice of the Peace, he or she shall 
be fined in any sum not exceeding ten, nor 
less than three dollars; if before any congrega- 
tion assembled for divine w^orship, he, or she so 
oiifending, shall be fined in any sum not exceed- 
ing ten, nor less than three dollars; and it shall 
be the duty of any Justice of the Peace 
within this Territory, the same coming within 
his knowledge, or upon information by one or 
more credible witnesses, to issue his warrant 
and have the offender brought forthwith be- 
fore him, and shall immediately assess his fine 
and for want of sufficient goods and chattels, 
belonging to the defendant, to be by him shewn 
to satisfy the fine and costs, aforesaid, the said 
Justice shall commit the offender to the jail of 
the proper county where the offence was com- 
mitted: Provided, That nothing herein con- 
tained, shall be so construed, as to prevent 
any court of justice from punishing the like 
offenders, in the manner herein before men- 
tioned. 

Sec. 4. If any person of the age of sixteen 
years or upwards, shall be found in the 
public highway or in any public house 
of entertainment, intoxicated by exces- 
sive drinking of spiritous, vinous, or other 
strong liquors, and making or exciting any 
noise, contention or disturbance, it shall be 
lawful for any Justice of the Peace, on com- 
plaint or view, to cause such person or persons 
to be committed to the common jail of the 
county, there to remain for a term of time 
not exceeding forty eight hours; and every 
person so committed, shall pay the fees arising 
on such commitment ; and if any person shall 



4.18 



VICE & IMMORALITY 



701 



be found offending as aforesaid, at any greater 
distance than five miles from the county jail ; 
it shall be lawful for any justice of the peace, 
to commit such person or persons to the cus- 
tody of any constable within the township, for 
the like term of time, to be by such constable 
confined in any proper and convenient place, 
for the like term of time; and the said consta- 
ble shall be entitled to receive the same fees, 
as are allowed to the keeper of the jail in the 
like cases. 



Sec. 5. Every Judge of the court of Com- 
mon pleas, and every justice of the peace, 
within the limits of their several jurisdictions, 
are hereby empowered, authorised & required, 
to proceed against, and to punish all persons 
offending against the preceeding sections of 
the law, and for that purpose each of the said 
judges or justices, severally, may convict 
such oliendeis upon his own view and 
hearing, or shall issue if need be, a warrant, 
summons or capias, according to the cir- 
cumstance of the case, to bring the body of 
the person accused, as aforesaid, before him; 
and the same judges or justices, shall res- 
pectively, in a summary way, enquire into the 
truth of the accusation, and upon the tes- 
timony of oiie or more credible witnesses, 
or the confession of the party, shall convict 
the person who shall be guilty as aforesaid, 
and thereupon shall proceed to pronounce the 
forfeiture incurred by the person so convicted 
as herein before directed; and if the person so 
convicted, refuse, or neglect, to satisfy such 
forfeiture immediately, with costs, or to pro- 
duce goods and chattels, whereupon to levy 



Judges and 
justices to 
take cogni 
zance 



May convict 
on view 



In a summary 
way 



And pro- 
nounce jddg 
ment 



Pa:!ing to so 
tisfy fine, to 
work on pub 
lie highways 



419 



702 



VICE & IMMORALITY. 



the said forfeiture, together with costs, then 
the said judge, or justice shall commit 
the offender to one of the supervisors of 
the highways, as aforesaid during such time as 
is herein before directed ; and every such con- 
viction may be in the following words, to wit: 



Form of con 
viction and 
execution 



'Be it remembered, that on the 
day of in the year of A B, 

of the county labourer, (or other- 

wise, as his rank, occupation, or calling may 
be) is convicted before me, being one of the 
judges, or justices, &c. in the county of 
of swearing profane oath or oaths, by the name 
of (or otherwise as the offence and 

case may be) and I do adjudge him to forfeit 
for the same, the sum of and for want 

of goods and chattels to be by the offender 
shewn, whereon to levy &c. you are to take 
his body into custody, and him forthwith con- 
vey to one of the supervisors of the highways 
of the township &c. who is commanded here- 
by, to receive and keep him at hard labour, on 
the highway, for the space of two days. — Giv- 
en under my hand and seal the day and year 
aforesaid.' 



Provided, That every such prosecution be 
Limitation. commenced within seventy-two hours after 

the offence shall be committed. 



Cocic fighting 



Bullet play- 
ing 



Sec. 6. If any person or persons, shall 
cause to fight any cock or cocks, for money, or 
any other valuable thing, or shall promote or en- 
courage any match, or matches of cock fight- 
ing, by betting thereon, or shall play at any 



420 



VICE & IMMORALITY. 



703 



match of bullets, in any place, for money, or 
other valuable thing, or on any highway, or 
public road, with, or without a bet, or shall 
play at cards, dice, billiards, bowls, shovel 
board, or any game at hazard, or address, for 
money, or other valuable thing, every such 
person so offending, shall, upon conviction 
thereof, before any justice or magistrate as 
aforesaid, forfeit and pay three dollars for eve- 
ry such offence; and if any person or persons, 
shall run any horse mare or gelding, in any street, 
or public highway; every person so offending, 
shall, on conviction thereof before any justice 
of the peace, or on the view of such justice, 
forfeit and pay the sum of five dollars, with 
costs. 



Cards, dice 
&c. how pu 
nished 



Runing hor 
ses in public 
roads 



How punisli- 
ed 



Sec. 7. No E Q table, or other device, ex- 
cept as hereinafter excepted, shall be set up 
or maintained, in any dwelling house, out 
house, or other place, by any person whatsoe- 
ver; on pain of forfeiting every such E O ta- 
ble, or other device, and of forfeiting moreo- 
ver, the sum of fifty dollars; and upon convic- 
tion thereof, before any court having compe- 
tent jurisdiction, held for the county wherein 
the offence shall be committed: Provided al- 
ways. That nothing in this act contained, shall 
be construed so as to prohibit private families, 
from exercising their free will, within their 
own private houses for their amusement, in 
a peaceable manner: Provided also. That no 
person shall set up, or suffer to be set up, or 
kept in his or her house, barn, stable, or other 
out house, arbor, or bower, or yard, any table 
or other thing reputed as a gaming table, or 



Keeping E. 
Q. and other 
tables 



How punish* 
ed 



Proviso in 
favor of pri 
vote amuse- 
ments. 



421 



704 



VICE & IMMORALITY. 



other device, for the purpose of encouraging 
gaming. 



Securities 
made or en 
tered into for 
gaming void. 



Money &c. 
lost at gam- 
ing may be 
recovered 
back within 
30 days 



Where to be 
prosecuted 



Sec. 8. If any person or persons shall loose 
any money, or valuable thing, at, or upon any 
match of cock fighting, bullet playing, or horse 
racing, or at, or upon any game of address, 
game of hazard, play, or game whatsoever, the 
person or persons v/ho shall loose their money, 
or other valuable thing, shall not be compelled 
to pay, or make good the same. And any con- 
tract, note, bill, bond, judgment, mortgage, or 
other security or conveyance v^^hatsoever, giv- 
en, granted, drawn or entered into for the se- 
curity or satisfaction of the same, or any part 
thereof, shall be utterly void, and of no effect. 

Sec. 9. If any person or persons shall loose 
any money, or other thing of value, at, or upon 
any game of address, or of hazard, or other 
play, and shall pay, or deliver the same, or any 
part thereof; the person or persons, so loosing 
and paying, or delivering the same, shall have 
a right within thirty days, then next thereafter, 
to sue for, and recover the money or goods, so 
lost and paid or delivered, or any part thereof, 
from the respective winner or winners thereof, 
with costs of suit, by action of debt, or case, 
founded on this act, to be prosecuted in any 
court of record, or where the value is within the 
sum cognizable by a single justice, the same 
may be recovered before any justice of the 
peace within this territory, subject to an ap- 
peal as in other cases. 



Boxing etc. 
v.'hat 



Sec. 10. If any pereon or persons, shall 
:hallenge another to fight or box at fisticuffs, or 



422 



VICE & IMMORALITY. 



705 



with the intent to bring on a match at boxing, 
shall in words or gesture, endeavour to provoke 
any other person or persons to commit an af- 
fray, whether an affray ensues or not, every 
person so offending, on conviction thereof, shall 
forfeit and pay for every such offence, a sum 
not e?^ceeding five dollars, nor less than one 
dollar; and every magistrate of the county, 
where the offence shall have been committed, 
shall have cognizance thereof ; Provided howe- 
ver. That such prosecution be commenced 
within four days from the time the offence was 
committed. 



And how pu- 
nished. 



Limitation. 



Sec. 11. If any person within this territory, 
shall challenge by word, or in writing, the per- 
son of another, to fight at sword, rapier, pistol, 
or other deadly weapon, the person so chal- 
lenging, shall forfeit and pay for every such of- 
fence, being thereof lawfully convicted, in any 
court of record within the county wherein the 
offence shall be committed, having competent 
jurisdiction, by the testimony of one or more 
witnesses, or by the confession of the party of- 
fending a sum not exceeding two hundred and 
fifty dollars, nor less than fifty dollars; or shall 
suffer imprisonment for a term not exceeding 
twelve months, nor less than three months, 
without bail or mainprize; and the person who 
shall accept any such challenge, shall in like 
manner upon conviction, forfeit and pay a sum 
not exceeding one hundred dollars; or shall 
suffer such imprisonment, for a term not ex- 
ceeding six months ; nor less than one month ; 
and if any person, shall willingly and knowing- 

04 



Duels what. 



Prosecutions 
where to be 
brought. 



423 



706 



VICE & IMMORALITY. 



Carriers of 
challenges 
&e. 



How punish 
ed. 



ly, carry and deliver any written challenge, or 
or shall verbally deliver any message, purpor- 
ting to be a challenge, or shall consent to be a se- 
cond in any such intended duel, and shall be 
legally convicted thereof, as aforesaid, the 
person so offending, shall for every such of- 
fence, forfeit and pay a sum not exceeding 
one hundred dollars, nor less than fifty dollars; 
or shall suffer imp isonment for a term not ex- 
ceeding six months, or less than one month, 
as aforesaid. 



of 

prosecutions 
under this 
act & whe e 
commenced. 



In what time 
to be com- 
menced. 



Persons com 
mitted to su 
pervi ors re- 
fusing to la- 
bor to be im 
prisoned. 



Sec. 12. All prosecutions under this act 
shall be by action of debt, or trespass on the 
case, or by indictment, where the penalty ex- 
ceeds a magistrate's jurisdiction; and all fines 
and penalties set or imposed, and paid by vir- 
tue of the provisions herein contained, shall be 
paid into the treasury of the county, in which 
such fine or penalty shall be set or imposed, 
for the use of the said county: Provided always. 
That no person shall be prosecuted for any 
offence against this act, except such offences 
as are enumerated in the tenth section thereof, 
unless such prosecution be commenced, with- 
in thirty days after the offence has been com- 
mitted. 

Sec. 13. If any person or persons who shall 
be committed to the supervisor of the high- 
ways, by virtue of any of the provisions herein 
contained; shall disobey the orders or directi- 
ons of the said supervisor; it shall be lawful 
for the said supervisor, to commit such person 
or persons to the jail of the county, there to re- 
main until the expiration of the time, for which 
such person or persons may have been sen- 



424 



VICE & IMMORALITY 



707 



tenced to labor on the highway; and the said 
supervisor shall endorse his order of commit- 
ment, on the magistrate's warrant, and trans- 
mit the same to the jailor, who is hereby di- 
rected on the receipt thereof, to receive such 
person or persons, and commit him or them 
accordingly. 

Sec. 14. If any person or persons shall wil- 
fully and maliciously deface, obliterate, tear 
down, or destroy, in part, or in the whole, any 
copy or transcript of, or extract from, any act 
or law, passed by the legislature of this territo- 
ry, or by the legislative authority of the United 
States, or proclamation of the President of the 
United States, or of the Governor and Com- 
mander in Chief of this territory; the same be- 
ing officially fixed up in some conspicuous 
place by public authority, for general informa- 
tion; every person so ofifending, shall on con- 
viction before a magistrate, forfeit and pay to 
the use of the territory, for every such offence, 
a sum not exceeding three dollars, besides 
costs, or be set in the stocks, at the discretion 
of such magistrate, for a space not exceeding 
three hours; or in case the offender shall be 
unable, or refuse to pay such fine (he being 
fined) then he shall be set in the stocks, for a 
space not exceeding three hours, and be after- 
wards discharged on paying costs only. 

Sec. 15. If, as aforesaid, any person shall 
wilfully and maliciously deface, obliterate, tear 
down or destroy, in part, or in the whole, any 
publication of the banns of matrimony, or ad- 
vertisement respecting estrays, or any other 
notification, set up in pursuance of any act or 



For ^he same 
term for 
which he 
was senten- 
ced to labor. 
M nner of 
commitment 



Tearing 
down or de« 
facing publi 
cation set up 
by authority. 



How punish- 
ed. 



Tearing 
down or def 
acing bann 
of matrimo 
ny. 



425 



708 



VICE & IMMORALITY. 



How 
ed. 



law, now, or which hereafter may be in force 
lish- within this Territory; such offender shall for 

every such offense, of which he may be con- 
victed, as aforesaid, be set in the stocks for 
three hours, and pay costs or stand committed 
to prison till the same are paid; any thing in 
this, or any other act or law, to the contrary, 
notwithstanding. 



No lotteries 
to be carried 
on. 



under wliat 
penalty. 



Sec. 16. No person in order to raise money 
or other property for himself or another shall 
publickly or privately put up a lottery of blanks 
and prizes, to be drawn or adventured for, or 
any prize or thing to be raffled or played for; 
whoever shall offend herein, shall forfeit to the 
use of the territory, the whole sum of money, 
or property proposed to be raised or gained. 



Courts to 
give this act 
in charge to 
juries. 



Sec. 17. The presiding Judge or Justice in 
the several courts of law, shall at every court, 
give this act in charge to the Grand Jury, as 
soon as sworn. 



426 



WEIGHTS & MEASURES. 709 



M^ EIGHTS 'd MEASURES. 



AN ACT 

Regulating lueights and measures. 

Passed Sept. 17, 1807. 

Sec. 1. The several courts of Common c. P. to pro 
pleas within this territory, be, and they are I"*"® weigh** 
hereby authorised whenever they m.ay think it 
necessary, to procure for their respective 
counties, and at the expence of the same, a 
set of the following measures and weighs, for 
the use of their county, that is: — 

One measure of one foot, or twelve inches, 
English measure, so called ; also one measure 
of three feet or thirty-six inches, English 
measure as aforesaid: also one half bushel 
measure for dry measure, which shall contain 
one thousand, seventy five and one fifth solid 
inches; also one gallon measure which shall 
contain two hundred and thirty-one solid 
inches, which measures are to be of wood, or 
any metal, the court may think proper; also 
one set of weights commonly called Avordu- 
pois weight, and seal with the name or initial 
letters of the county inscribed on it. 



427 



710 WEIGHTS & MEASURES. 



To be kept 
by clerk. 



Which weights and measures shall be kept 
by the clerk of each court, for the purpose of 
trying and sealing the weights and measures 
used in their counties. 



When precu 
red notice to 
be given 



Persons sel- 
ling by other 
weights and 
measures fi- 
nable 



CSk. to seal. 



continue in 
force till &c. 



Sec. 2. As soon as the court shall have fur- 
nished the weights and measures as aforesaid, 
they shall cause notice thereof to be given at 
the court house door for one month and any 
person who will knowingly buy or sell any 
commodity whatsoever, by measures or 
weights that shall not correspond with the 
county weights and measures, shall for every 
such offence being legally convicted thereof, 
forfeit and pay the sum of twenty dollars, for 
the use of the county, where such offence shall 
have been committed, and also the costs to be 
recovered before any justice of the peace for 
said county. Every person desirous of having 
their weights and measures tried by the county 
standard, shall apply to the clerk of the county, 
and if he finds it correspond with the county 
standard, shall seal them with the seal provided 
for that purpose. This act shall continue in 
force, until congress shall pass a law on the 
subject thereof. 



42S 



PRINCIPAL HEADS OF THE INDEX. 





A 


Actions. 




Acts repealed. 




Adjutant general, see militia. 


Ad quod damnum, 


writ of. 


Affidavit. 




Appeals. 




Arrest. 




Assessor, see county 


commissioner. 


Attorney general. 




Auditor territorial. 






B 


Bail. 




Billiard tables. 




Bridges. 





Capias ad-respondendum. 

Certiorari. 

Clerks. 

Commissioners, see county treasurer. 

Constable. 

Contempts. 

Contracts. 

Costs. 

Counties. 

County levies, see revenue. 

County treasurer. 

Court, see judiciary. 

Court martial, see militia. 

Crimes, see penal law. 

D 

Debts. 

Declaration. 

Decrees, see judiciary. 

C3 vol. II. 

431 



PRINCIPAL HEADS. 



Dedimus. 
Deeds. 
Deposition. 
Distress. 

District attorney. 

Drunkeness. 

Duelling. 

E 
Error writ of. 
Escape. 
Evidence. 
Execution. 

F 
Fees. 
Ferries. 
Fines. 

Forgery, see penal law. 
Fraud. 



Gaming. 
Governor. 
Grand jury. 
Guardians. 

Habeas corpus. 



H 



Indians. 

Indictment. 

Infants. 

Inn-keepers, 

Interest. 

Interpreter. 



see taverns. 



Jailors. 

Judges. 

Judiciary. 

Jury. 

Justices of the peace. 



432 



PRINCIPAL HEADS. 

K 

Kaskaskia (town of.) 

L 
Lands. 
Legislature. 
Limitation. 
Lotteries. 

M 
Marriages. 
Master. 
Merchants. 
Militia. 
Millers. 
Mills. 
Mortgage. 
Mulattoes, see negroes & mulattoes. 

N 
Negroes & mulattoes. 
Non residents. 
Non suit. 
Notary public. 

O 
Oaths. 
Occupancy. 
Officers. 

P 
Pardon & reprieves. 
Partition of land. 
Penal law. 
Pleas, see practice. 
Poor. 
Practice. 
Prison. 
Privilege. 
Promisory notes. 

R 
Raffling. 
Recognizance. 
Recorder. 

433 



PRINCIPAL HEADS. 



Revenue. 
Roads. 



Scire facias, see practice, declaration. 

Seal. 

Securities. 

Servants. 

Shawney town. 

Sheriff. 

Slaves. 

Sunday. 

Supercedias. 

Supervisors, see roads. 

Surveyors. 

Swearing. 



Taverns. 

Tax, see revenue. 

Towns. 

Townships. 

Treasurer territorial. 

Trespass. 



Vagrants. 

Venditioni exponas. 
Vice & immorality. 



W 



Warrants. 

Weights & measures. 

Witnesses. 

Words. 

Writ. 



434 



INDEX. 



ACTIONS. 



In the supreme court where to be tried. 337 

Must be consolidated. 370 
When before a justice of the peace where 

brought. 374 

When barred by statute of limitations. 525 

ACTS REPEALED. 

See pages. 315, 590, 645 

Adjutant general — see militia. 

Ad quod damnum — writ of. 

In what cases and how granted. 457-9 

AFFIDAVIT. 

May be made before clerk of superior court. 384 
For continuance of a suit how made. 544 



435 



XXX INDEX. 

APPEALS. 

From Com. pleas to General court. 308 
On matters of law only. 322 
From jus. peace to county court over 4 dol- 
lars. 389 
How applied for and obtained. 390 
How tried by the county court. ibid. 
Judgment thereon final. 393 
May be had on removal of a pauper. 509 
Will lie in certain cases to com. pleas under 

the poor law. 520 
In what cases an appeal will lie to the General 

court. 532 
Must be prayed when the judgment is ren- 
dered. 533 
Appellant must give bond &c. ibid. 
He must lodge a copy of the record in the 

court above. ibid. 
How judgt. is to be rendered on an appeal. 533-4 
How execution shall issue thereon. 534 
When appeal will lie to the county court. 389-545 
Lies to the county court from assessor's as- 
sessment. 624 
Appeals & error on matters of law only allowed 

to ct. of appeals. xxii 

ARREST. 

Who are exempt from arrest in civil cases. 564-5-6 
Persons shall not be arrested out of their 
county in civil suits (except in particular 
cases. 540 

Arrest of judgment. 542 

Assessor — see county commissioner. 
436 



INDEX. xxxi 

ATTORNEY GENERAL. 

His duty to prosecute in certain cases. 562 
To motion against delinquent collectors. 578 
To assist the county court once a year in set- 
tlement with the county treasurer. 601 
To prosecute sheriff on request of county trea- 
surer. 602 
To prosecute on behalf of the county. 603 

See district Attorney. 

AUDITOR TERRITORIAL. 

How appointed. 576 

To give bond and take oath of office. 577 
To keep territorial accts. & give certificates. 576-7 

His duties in general. 578 

To give quietus upon treasurer's recpt. ibid. 

Copy treasurer's monthly report in his books. 580 

Direct atto. genl. to motion vs. public debtors. ibid. 

Charge sheriffs with tax list. 584 
How to settle with sheriffs for taxes. 586-7-599 

Keep his office at the seat of govt. 588 
Procure abstracts of lands for taxation. 590-7 
Transmit the abstracts to the clerks of cty. ct. 590-8 

List non residents land. 591 

Report list of fines imposed by judges. 350 
Direct atto. genl. to motion vs. delinquent 

clerks. ibid. 
Charge sheriff with list of fines imposed by 

ct. martial. 449 
Draw warrant in favour of adjutant for attending 

ct. martial. 450 



437 



xxxii INDEX. 

BAIL. 

May be ordered by any Judge of county 

court. 348 

Appearance bail when required. 522 

What persons shall not be special bail. 523 

Bail piece form of. 523 

Special bail, when and how taken by sheriff. 539 

Bail bond where & when returnable. 540 

Exceptions to bail when taken & tried. ibid. 

Persons living out of the county shall not be 

held to bail (except in certain cases. ibid. 

Bail may surrender principal. 541 

Paying money may have judgment therefor. 555 

Bail in criminal cases may be taken by jus. of 

Peace. 356-380 

BILLIARD TABLES. 

Owner to pay tax & enter it with county 

assessor. 596 

BRIDGES. 

How built and paid for. 640 

CAPIAS AD RESPONDENDUM. 

When issued by a justice of the peace. 359-60 

CERTIORARI. 

Will not He to remove judgment of justice of 

the peace. 545 

CLERKS. 

When appointed must give bond to the court. 349 

438 . 



INDEX. xxxiii 

Shall pay fines to the territorial treasurer. 350 

Their fees for receiving redemption money. 587 

Take affidavits &c. 484 
Of supreme court to sw^ear into office public 

officers. 483 

See judiciary. 

Commissioner — see county treasurer. 
CONSTABLES. 

Their duties relative to process from jus. of 

the peace. 357-386 

How to execute & return warrants. 359-385 

Their duty when they take defendant's body. 361 
May receive the debt from deft. & give receipt 

therefor. ibid. 

May be proceeded against for detaining money. 365-386 
Shall levy executions issued by a jus. of the 

peace. 365-386 

May put the deft, in the county jail. 366 

Constable must be a freeholder. 371 

Shall give security. ibid. 

May be proceeded against for a failure to do 

his duty. 372 

How to proceed with a prisoner fleeing from 

another county. 382-3 

Penalty for failing in said duty. 383 

To collect militia fines imposed by company 

ct. Martial. 443 

CONTEMPTS. 

May be punished by the Genl. court. 314 

By jus. of the peace. 387 

D 3 vol. n 

439 



xxxiv INDEX. 

CONTRACTS. 

If made for more than legal interest how con- 
sidered. 465 
Between master and servant void. 648 

COSTS. 

On a nonsuit before a jus. of the peace how 

taxed. 364-5 

On an appeal from order to remove a pauper. 510 
In a suit vs. overseers of the poor plfF. if cast 

shall pay double costs, 520 

When plea in abatement is overruled. 524 
Judgment for costs vs. plff. when he is cast in 

his suit. 528 

Where tender is proved. 528 

How allowed in actions of battery, slander &c. 532 

How settled on appeals to the genl. court. 534 

By whom paid when judgment is arrested. 542 
Security for, to be given by non-resident 

suitors. 547 
How collected of security. 548 
Must be given if plff. be not a freeholder. 549 
On indictment when prosecutor may be ex- 
empted. 607 

COUNTIES. 

In what manner divided into militia districts. 403 
How divided into townships. 673 

County levies — see revenue. 

COUNTY TREASURER. 

Shall advertise to receive list of taxable proper- 
ty. 583-599 



440 



XXXV INDEX. 

Form of list for taking in lands. 588-9 
Shall take lists of land and other objects of 

taxation. 590 

Shall pay county claims according to seniority. 591 

Penalty for failing to discharge his duties. ibid. 

Shall give bond. 592 
Shall commence 1st of July annually to take 

lists of property. 598 

When to make his return and to whom. 598 

How appointed. 600 

His duty. 601 
Shall settle with the county court at every 

term. 601 
To inform atto. of balances due by sheriff. 602 
His allowance for stationary. 604 
To delivery blank certificates to sheriff. ibid. 
Shall perform all the duties of county com- 
missioner, ibid. 

Court — see judiciary. 

Court Mrrtial — see militia. 

Crime — see penal law. 

DEBTS. 

Of what description bear interest 464 

DECLARATION. 

Must be filed before writ issues. 538 

Not necess ry on a scire facias. 546 

In ejectment not to be filed before tax paid. 625 

Decrees — see judiciary. 

441 



xxxvi INDEX. 

DEDIMUS. 

May be granted by judge of common pleas. 303 

DEEDS. 

Containing the words "grant, bargain & sell" 

how construed. 568 

To be acknowledged & recorded. 570 

If not recorded within a year may be defeated. 571 
How proved where grantor or witnesses are 

dead. ibid. 

Made by husband & wife to be executed. 572 
Executed out of the county where the land lies 

how proved. 573 

Executed out of the territory how proved. 574 

DEPOSITIONS. 

How taken. 116-536 

May be read in evidence. ibid. 



DISTRESS. 

Animals damage feasant may be distrained. 685 

Notice thereof must be given to the owner. ibid. 

Proceedings after notice. 686 
Property not claimed in a certain time how 

disposed of. 687 



DISTRICT ATTORNEY. 

How appointed and his salary. 342 

442 



INDEX. xxxvii 

See attorney general. 

DRUNKENESS. 

What deemed and how punished. 70 

DUELLING. 

What deemed and penalty for challenging to 

fight. 705 

Carriers of challenge how punished, 706 

ERROR WRIT OF. 

In what cases will lie to the genl. court. 322 

Shall not issue until final judgt. in court be- 
low, ibid. 
Lies to Supreme court in Ran. county. 341 
How obtained and proceedings thereon. 534-5 
On matters of law only allowed to ct. of appeals xxi 

ESCAPE. 



When jailer shall be liable for escape of prison- 

366 
Assisting prisoner to escape how punishable. 558 

EVIDENCE. 

What shall be good evidence, before jus. of 

the peace. ^°^ 

Copy of record of marriage good evidence. 396 

EXECUTION. 

By justice how granted. 365-6-7 

Shall operate as a fe. fa. & ca. sa. 366 

443 



xxxviii INDEX. 

Where the constable returns nulla bona. ibid. 

How to issue vs. exors. & admrs. by jus. of 

peace. 367 

hat delay upon judgt. of jus of peace. ibid, 

ceptions thereto. 368 

Where for less than 4 dolls, defts. body not to 

be taken. 384 

How to issue after appeal to genl. court. 534 

Not barred by releasing prisoner. 659 

FEES. 

Of clerk for marriage license. 395 

Of Surveyors. 663 

FERRIES. 

How taxed. 619 

FINES. 

How collected. 314 

On absent jurors. 318 

In the genl. court paid into the T. treasury. 319 
At any special session applied to the use of the 

county. ibid. 

Imposed by justices how applied. 355-388 

In the militia how regulated, 416-7-8 

Imposed on infants by whom paid. 418 

How they may be remitted. 419-438 

In what manner collected. 419-444-9 

In the militia how appropriated. 420-444-9 
Forgery — see penal law. 

FRAUD. 

Will support an action on the case. 550 
444 



INDEX. xxxix 

GAMING. 

What deemed and how punished. 702-3 

Contracts for gaming void. 704 

Money lost may be recovered back. ibid. 

GOVERNOR. 

May call out the militia. 422 
May order a court martial vfhtn he orders a 

draft. 447 

May convene court martial at any time. 451 

May raise vol com. of mounted men. 452 

May grant pardons, repreives and remit fines. 490 

GRAND JURY. 

In v^^hat cases a grand jury is to be summon- 
ed. 320 
Summoned by Martial in the genl. court. 321 
In Com. pleas to present offences cogniza- 
ble in the genl. court. ibid. 
How to be summoned. 352 
Its duty to present vagrants. 697 
With what law to be charged. 708 

GUARDIANS. 
May make partition of their wards lands. 496 

HABEAS CORPUS. 

Lies to discharge a person improperly held to 

bail. 510 

Lies to discharge one illegally arrested. 567 

INDIANS. 
In what cases they may testify. 529 

445 



xl INDEX. 

INDICTMENT. 

Must be indorsed by prosecutor. 607 

INFANTS. 

Shall abide partition of their lands made by 

Guardians. 496 

Shall be bound by partition made by com- 
missioners. 

Innkeepers — see taverns. 



495 



INTEREST. 

6 per centum per annum legal interest. 464 

Penalty for taking more than legal interest. 465 
In what cases is interest allowed. 464 

INTERPRETERS. 
May be sworn when necessary. 528 

JAILORS. 

May be punished for escape of prisoners. 559 

To keep a file of warrants &c. 560 

To be paid for keeping prisoners. ibid. 

JUDGES. 

Shall examine clerk's books annually and re- 
port to auditor. 350 

Judge presiding shall give the act to prevent 
vice and immorality in charge to the grand 
jury. 

446 



708 



INDEX. xli 



JUDICIARY. 

COURT OF COM. PLEAS how organised. 305 
Its duty and jurisdiction. 305-312 
May be adjourned from day to day by the 

sheriff. 306 

Judges may take recognizances in vaction. ibid. 

Where to certify recognizances. ibid. 
Shall annually estreat fines into the genl. court. 

307 
Issue precepts to arrest persons indicted & flee- 
ing, ibid. 
Issue subpoenas to any county. 308-9 
Issue dedimus for examination of witness. 308 
What writs may be issued by co. pleas. 309 
May issue testa, execution. 310 
Clerk of CO. pleas, how appd. 311 
May award process gainst person triable by 

general court. 321 
Clerk of to give up his books to elk. of Su. 

court. 339 

Penalty for refusing. 340 
Suits depending in Com. pleas to be tried in 

Su. court. ibid. 

Judges shall not act as justices of the peace. 373 
Shall annually examine the books of the 

clerk &c. 350 

Clerk shall give bond. ibid. 

Clerk shall pay over the fines. ibid. 
Court may order co. treasurer to pay county 

claims. 606 

Duty of court in levying taxes. 616-7 

May contract for building, jails &c. 621 

Clerk shall keep accts. of the county. 626 

E 3 vol. II 
447 



xHi INDEX. 

Keep register of servant's indentures. 468 

Take bonds from masters. 470 

His compensation therefor. 471 

Court shall tax ferries. 619 
Shall not take cognizance of suits (except by 

appeal cognizable before a jus. of the 

peace. 543 

COUNTY COURT established. 345 

To consist of three judges. 346 

Its jurisdiction. 346-348 

Shall hold annually 3 terms. 346 

Compensation of judges. 347 

Its duty in special cases. ibid. 

Its clerk how appointed. ibid. 

His power & duty. 347-8-9 

Judges of may take bail & recognizances. 348 

Shall build C. Houses & Jails & take care of 

them. 388 

Enquire into the conduct of jailors. ibid. 

Shall designate prison bounds. 389 

Try appeals from jus. of peace. 390 

Proceedings thereon. 390-1-2 
Shall have the same power in certain cases that 

Com. pleas had. 392 

May punish contemps. 393 

Clerks duty upon return of comr. list. 598 

Shall publish rates of county levy. 603 
GENERAL COURT when and where to sit 

and its power to issue writs. 313 

Its jurisdiction. ibid. 

Correct errors of inferior courts. ibid. 

Punish contempts of officers. 314 

Award process to collect fines. 314-8 

Deliver jails. 315 

Special terms for trial of criminals. 316 

At special term may adjourn to a distant day. 317 

May summon talesmen. ibid. 

May fine delinquent jurors. 318 



448 



INDEX. xliii 

Jurors may make excuse. 319 

One judge annually to inspect clerk's books. 532 

Court to exercise chancery powers. 322 

Observe English rules of practice. ibid. 

Power to grant injunctions &c. ibid. 

Non-resident compts. to file security for costs. 323 
Resident compts. may be compelled to give 

security. ibid. 

Clerk to issue process. ibid. 

Rules to plead given in open court. 324 

No subpoena to issue before bill filed. ibid. 

How executed. ibid. 

Compt. may take depositions, when. 325 

When deft, may do same. ibid. 
Notice of time & place of taking depositions 

required. ibid. 

When the deft, fails to answer, what. ibid. 

Court may extend the rule for answer. 326 

Before whom deft, may swear to answer. ibid. 

Court may issue process to enforce decree. ibid. 
Decree for conveyance, release &c. to have 

effect. 327 

Decree same effect of judgt. at law. ibid. 
Goods bound from delivery of fi. fa. to 

Sheriff. ibid. 
Clerk to be appointed by gov. and give secu- 
rity. 328 
Injunctions how applied for. 328-9 
Injunction shall release errors at law. 329 
If dissolved compt. to pay 6 per. cent dama- 

ages. ibid. 
Judgt. shall be entered agt. compt. and 

security. 330 

Writ of ne exeat, how granted. 331 

Temporary absence not a breach of the bond. ibid. 



449 



xliv INDEX. 

Security may surrender principal. 382 
Court has jurisdiction of one hundred dollars 

and upwards. ibid. 
General court may issue executions according 

to law. 532 
May prescribe forms & modes of proceedings 

in it. ibid. 
SUPREME COURT shall hold two terms 

annually in each county. 334 
Its jurisdiction. 334 to 337 
Judges conservators of the peace. 335 
Court to determine treasons felonies &c. 335-341 
To hear motions vs. public debtors &c, 335 
Tvvo judges to try capital cases &c. 337 
Suits not discontinued by failure of term. 338 
Judicial term how long. 339 
Gov. to appoint clerk. ibid. 
Appeals how made & decided. 341 
Clerks to keep their offices at the seats of jus- 
tice. 342-3 
Style of process. 344 
Clerks to swear public officers into office. 483 
To receive money for redemption of land sold 

for taxes. 484 
To take affidavits to be used in court and ad- 
minister all oaths appertaining to his office. ibid. 
COURT OF APPEALS to be holden twice 

a year by the U. States judges. xxi 
Times & place of holding the court of ap- 
peals, xxi 
Jurisdiction of the ct. of appeals. xxi 
It may appoint its own clerk. xxi 
Suits depending in the genl. court to be tried 

in the court of appeals. xxii 
Appeals & error on matters of law only allow- 
ed, xxii 



450 



INDEX. xlv 

Territorial Legislature maj' alter the terms 

but not increase them. xxii 
When a quorum of the ct. of appeals is not 

made or is lost, the consequence thereof. xix-xx 
CIRCUIT COURTS to be held twice a year 

in each county by the judges appd. by the 

United States. xviii 

Times & places of holding cir. cts. xviii 

Territory divided into circuits & how. xvii 

Judges shall annually make allottments. xvii 

Jurisdiction of circuit courts. xviii 

May award injunctions & ne exeat. xix 

May determine on all criminal cases. xix 
Suits must be tried in the counties where they 

originate. xix 

Where judge fails to attend what. xix 

where the court does not finish the business. xix-xx 

Judicial term of cir. ct. six days. xx 

Court may appoint its own clerk. xx 
Suits depending in co. pleas contd. in circuit 

court. XX 
Appeals & error may be taken to court of 

appeals. xxii 
Legislature may alter the terms but not encrease 

them. xxii 
No territorial judge to be associated with the 

U. States judges. xxii 

JURY. 

How summoned to try criminals. 316 

Penalty for failing to attend. 318 

How to make excuse. 319 

Who shall be a good juror. 353 

When summoned to condemn mill seat. 457 



451 



xlvi INDEX. 

JUSTICES OF THE PEACE. 
How appointed. 354 

Shall take recognizances of the peace &c. 

354-378-9-380 
Certify them to court. 354-379 

May punish certain petit offences. 354-705 

May commit to jail to enforce judgment 355 

Their duty where offence is committed in their 

presence. ibid. 

Shall pay over the fines by them inflicted and 

collected to the clerk of county court. ibid. 

May issue warrants to apprehend suspected 

persons. 555 

Their power & duty relative to disturbers of the 

peace. 555-378 

Relative to capital offenders. 356 

May take bail in certain cases. 356-380 

Their duty relative to vagrants. 356 

Their jurisdiction in criminal cases. ibid. 

In civil cases. 357-384 

How to issue warrants &c. 357-8 

To dismiss vexatious suits. 358 

What process to issue in civil cases. 359-360 

When to proceed in absence of deft. 360-385 

To indorse on warrants the debt & costs. 361 

How to proceed after bail is taken. 363 

Actions may be entered by consent without 

process. 364 

Where defendants claim exceeds the claim of 

the plaintiff must give judgt. for deft. 365 

Parties may submit the case to arbitration. 365 

Judgment & execution upon the award. ibid. 

Issue execution, which operates as fi. fa. and 

ca. S. 366 

Constables duty to levy same. ibid. 

When lands may be sold on justices judg- 
ment, ibid. 



452 



INDEX. xlvii 

In what cases & for what time execution may 

be stayed after judgment. 367-8-376 

A bill of costs shall be delivered to the party. 369 

Penalty for overcharging. ibid. 

May summon witnesses. 374-387 

Shall not sustain two actions upon demands 

which may be consolidated. 370 

Where plaintiff has judgt. it may be plead in 
bar to a subsequent action by plff. vs. deft, 
for a debt existing before the first suit 
brought if the demands might have been 
cosolidated. 370-1 

Of what actions jus. of peace has not cogni- 
zance. 373 
How for the jurisdiction of jus. of peace extends 

in civil cases. 374 

When he may issue execution vs. delinquent 

witnesses. 375-387 

Are conservators of the peace. 377 

Their power & duty. 377-8-9 

How to proceed with offenders fleeing to 

another county. 380-1-2 

Justice not liable for endorsing warrant. 383-4 

To allow discounts on trial if notice be given. 384 

How to proceed when deft, removes out of 

the county after having been summoned. 385-6 

Have power to punish contempts. 387 

Not bound to keep a docket. 388 

Their duty when appeals are applied for 

389-390-1 



KASKASKIA, {TOWN OF.) 

May elect Trustees. 674 

Duties & power of the Trustees. 674-5-6 



453 



INDEX. 



LANDS. 



How divided for taxation. 581-598 

To be entered for taxation. 581 

Belonging to non-residents how entered. 582 

List of to be given to the county comr. 583 

May be sold for taxes. 584 

When to be struck off to the territory. 585 

How redeemed when sold for taxes. 587-593 

Penalty for not giving list of land. 595 

Forfeited how redeemed. 605 

Form of list of land for taxation. 589 

When land is listed in another county it may 

be sold there. 591 

Rate of taxation. 598 
Where several persons claim the same land it 

may be divided. 494-5-6 

Where it is not susceptible of division it may 

be sold. 595-6 

LEGISLATURE. 

May alter the terms of the circuit courts and 

ct. of appeals, but not increse them. xxii 

Shall not associate any territorial judge with 

th U. States judges. xxii 

LIMITATION. 

On civil actions. 525 

Of prosecutions for drunkenness, swearing &c. 702 

For recovering back money lost at gaiming 704 

For challenging to box or fight at fiste cuffs. 704-5 

For challenging to fight a duel. 706 

LOTTERIES. 

Penally for making lotteries. 708 

454 



INDEX. xlix 

MARRIAGE. 

At what age persons may marry. 394 

Who may solemnise a marriage. ibid. 

Parties must give notice or take license. 394-5 

When consent of parents &c. is necessary. 395 

Certificate of marriage must be recorded. ibid. 

A copy of the record good evidence. 396 

MASTER. 

May agree with servants brought to the territo- 
ry for a term of service. 467 
Moving servants from one county to another 



how to act. 




469 


To enter into bond when they bind 


servants 




and how. 




470 


Shall not take servants out of the tery. 


without 




their consent. 




471 


Living without the territory may let their 




slaves hire themselves within it from year to 




year without impairing their title. 




473 


Shall find their servants in food &c. 




647 


See negroes and mulattoes — servants. 






MERCHANTS. 






Must procure certificate to sell goods. 


( 


S18-627 


Penalty for failing to do so. 




619 


MILITIA. 






Persons liable to do militia duty. 




396 


To be enrolled by comdy. officer. 




397 


How to be armed. 




ibid. 


Commd. officers how equipped. 




398 


Arms exempt from seizure. 




ibid. 



F 3 vol. II. 
455 



1 INDEX. 

Who are exempt from duty. ibid. 

How divided and officered. 399 

A compy. of artillery & troop of horse to each 

brigade. 400 
These companies how to be armed, officered 

and raised. 400-1 

Companies of Light Infantry Grenadiers and 

Riflemen. 401-2 
Persons over 28 yrs. not to be in said com- 
panies. 402 
Counties how divided into districts. 403-4 
Requisites of a command. 404 
Comd. officers to take oath. 404-5 
Rank of officers how determined. 405 
Standard, music and colours how provided. ibid. 
Adjutant genls. duty & salary. 406-444-5-6 
Duty of brigade inspector. 407-444 
Officers to meet & exercise. 408 
Captains to appt. sergeants. ibid. 
Sergeants refusing may be fined. 409 
Capts. to class their companies. 409-410 
Persons moving from one compy, to another. 410 
Compy musters how often to be holden. 410 
Regimental & battalion musters when & where 

holden. 411 

Notice of musters when & how given. 411-2 

Divisions & brigades how made. 413 

Hour of muster & calling roll. ibid. 

Delinquents how noted & returned. 413-4 

Roll of comnd. officers when called. ibid. 

Form of certificate of return. 414 

Adjutants make return to brig, inspector. 414-5 

Courts of assessement & enquiry how formed. 415 

Delinquencies and forfeitures by officers and 

men. 416-7 

Fines on infants by whom payable. 418 

How fines may be remitted. 419 

456 



INDEX. H 

How appropriated. 420-444 
Persons unable to equip themselves. 421 
Bystanders may be put under guard for in- 
sult, ibid. 
Militia may be called out by the gov. 422-4 
His orders to be sent to brig. gen. 422 
Penalty on brig. genl. for neglect. ibid. 
How to be classed. 423 
Field officers, routine of command. 424 
Term of service & how relieved. ibid. 
Duty of capts. when militia is called into 

service. ibid. 

Of adjutant at same time. 424-5 

Of officer commanding detachment. 425 

Substitutes may be employed. ibid. 

When property may be pressed. 426 

The owners thereof indemnified. 427 

Officers how to act in case of invasion &c. ibid. 
Persons prosecuted for acts done by authority 

of militia law how to plead. 428 

Articles for govt, of the militia. 429 
Comd. & non comd. officers punished for 

misbehaviour. ibid. 

Lt. col. capt. & non comd. officers for not 

giving order punished. 430 
Penalty on capt for failing to do his duty in 

case of a requisition for men. 431 

Desertion how punished. ibid. 

Genl. ct. martial how composed. 432 

Regtl. ct. martial how composed. ibid. 

Member of ct. martial how to vote. ibid. 

Officers how to be tried. ibid. 

Judge advocate to prosecute. 433 

With persons under guard how to proceed. ibid. 

Judgt. of ct. martial how to be given. ibid. 

Members of ct. martial to take oath. 4 -4 

Witnesses sworn by the president. 434 

Judge advocate how appointed. ibid. 

457 



lii INDEX. 

His duty & pay. 435-6-450 
Officers charged with breach of rules suspen- 
ded. 436 
Provost martial, his duty and pay. 435-6 
Officer or private when injured by col. how 

redressed. 436 
When by capt. how redressed. 437 
Persons tried are entitled to a copy of pro- 
ceedings, ibid. 
Power of ct. martial in inflicting punishment. 438 
Punishments by whom mitigated. ibid. 
Com. officers for misbehaviour how treated. 438-9 
Hours of parade. 439 
Fines to whom paid. 439-444 
Militia when in service how governed and 

paid. 440 
Rules of discipline established by U. States to 

be observed. ibid. 
On a call for a tour of duty what notice is 

necessary. 441 
Articles for governing militia to be read at 

musters. ibid. 
Officers to reside within their commands. 442 
Brig. genl. to appoint aid. ibid. 
Regimental staff, how appointed. ibid. 
Company fines how imposed. ibid. 
Fines assessed by company officers how col- 
lected. 443 
Officers to certify fines to constable. 444 
When a draft is ordered, the govr. may order 

a court martial to hear excuses. 447 

When excuses must be made. ibid. 

Substantial reasons only will excuse. 448 
Persons refusing to perform tour of duty how 

to be treated. 448-453 



458 



INDEX. liii 

Judge advocate must transmit a copy of fines 
to the sheriff of the county, & to territorial 
auditor, '^^^ 

Penalty for failing in the above duty. ibid. 

Officers appointed on the court martial how to 

be treated for failing to attend. ibid. 

Adjutant's pay for summoning & attending the 

ct. martial. 450 

Judge advocat's pay for attending the ct. mar- 
tial, ibid. 

The ct. martial may adjourn from day to day 

or may be again convened by the gov. 450-1 

If the gov. fails to order the ct. martial when 

a draft is ordered, the It. col. must do it. 451 

Certificates of excuse how granted. ibid. 

Drafted persons failing to march considered 

deserters. 451 

Comps. of mounted riflemen may be raised. 452 

Their term of service. ibid 

An officer in such company shall not lose his 

rank in the militia. ibid. 

MILLERS. 

What toll allowed for grinding. 453 

What toll for grinding on horse mill. 454 

Penalty for taking more than lawful toll. 455 

Accountable for grain & bags. ibid. 

What shall excuse them from that responsibil- 
ity. 456 
In what cases subject to an action for injury 

done by mill. 461 

Shall grind well and in turn. 
Penalty for neglect how recoverable. 
Shall keep sealed measure in their mills. 462 

How to keep dam in repair where a public road 
passes over it. 

459 



ibid, 
ibid. 



ibid. 



Hv INDEX. 

MILLS. 

Persons who wish to build mills how to pro- 
ceed. 456-7-9 

After built may be viewed at the instance of 

any person injured by it. 459 

In what cases leave will be refused to build a 

mill. 460 

When to be built and how kept in repair. ibid. 

Built without leave how considered. 463 

MORTGAGE. 

How satisfaction is to be entered on a mort- 
gage. 569 
Penalty for refusing to enter such satisfaction. 

ibid. 

MuLATTOES — See negroes ^ mulattoes. 

NEGROES ^ MULATTOES 

If free not to migrate to this Territory. 474 

How removed. ibid. 

How punished for failing to depart. ibid. 

Those in the territory must register themselves. 475 

For failing to do so how to be treated. 476 

Convicted of stealing or harbouring runaway 

negroes. ibid. 

Free negroes registering themselves must regis- 
ter their children also. 477 

Children not registered may be bound out. ibid. 

In what cases negroes and mulattoes are good 

witnesses. 529 

Who are deemed negroes or mulattoes. ibid. 



460 



INDEX. iv 

NON RESIDENTS. 

Must enter their land for taxation with the au- 
ditor. 582 
If they fail to pay tax their land will be sold. 583 
How the same may be redeemed. 587 
Shall give security for costs of suit where they 

institute suits in this Tery. 547-8-9 

NONSUIT. 

Not allowed after jury retires from the bar to 

make up their verdict. 528-543 

NOTJRY PUBLIC. 

How appointed. 477 

His duty and fees. 478 

Shall give bond to the govr. 479 

OATHS. 

Must be taken by persons giving in list of tax- 
able property. 609 
By militia officers. 405 
By members of court martial. 433 
Form of oath or affirmation. 480 
Affirmation to have same effect as oath. ibid. 
Must be administered before the officer acts. ibid. 
Must be taken by civil officers appd. by govr. 481 
Before whom taken and how certified. 482-3 

OCCUPANCY. 

In what cases the holder of the better title shall 
be bound to pay for improvements made on 
his land by another. 486 



461 



Ivi INDEX. 

How the improvements shall be estimated. ibid. 

In what cases the occupying claimant shall not 

be liable for rent &c. ibid. 

Improvements made after notice of adverse 

claim. 488 

Shall only be deducted from the rent. 492 

The land shall also be valued. 487-9 

If the value of the improvement exceed the 

value of the land the proprietor may elect to 

give up the land & receive its value. 489-490-1 

How the occupying claimant shall receive pay 

for his improvements. 487 

What shall be good & legal notice of adverse 

claim. 491 

OFFICERS. 

For contempts &c. &c. how punished. 314 

How proceeded against for money detained. 335 
Shall not act before they have taken the oath of 

office. 480 

Civil officers what oaths to take. 481 

By whom to be sworn into office. 482-3 

PARDONS & REPRIEVES. 
May be granted by the govr. 490 

PARTITION OF LAND. 

Land may be divided among different persons 
having an undivided interest in it claiming 
by same title. 494-5 

Land not susceptible of division may be sold 

for the benefit of the proprietors. 495-6 

The division shall not violate the last will of 

the testator. 496 



462 



INDEX. Ivii 

PENAL LAW. 

Mode of trying capital offences. 337 
False affirmation deemed perjury. 480 
Assisting prisoner to escape, how punished. 558 
Forging acknowledgement of deeds, how pun- 
ished. 568 
Penalty for trading with servants. 649 
Forging certificate of freedom. 651 
Harbouring & assisting servants to escape. 652 
Sufferring servants to assemble on premises. 653 
Detaining cattle &c. 48 hours without giving 

notice. 689 

Tearing down public advertisements. 707 

For making lottery & raffling. 708 

Pleas — See practice. 

POOR. 

Overseers of how appointed. 497 

Vacancies how filled. ibid. 

To take oath of office. ibid. 

Overseers to farm out poor & make return 

thereof. 498 

Money to support poor how raised. 499 

May be kept at moderate labour. ibid. 

For refusing to work may be punished. ibid. 

Their remedy for ill treatment. ibid. 

Poor children may be bound out. 500 

How admitted on poor book. ibid. 

Overseer's accts. how kept & settled. 501 

Their names to be entered in overseer's books. ibid. 

Overseers how paid for their trouble. 502 

G 3 vol. n. 

463 



Iviii INDEX. 

Delinquent overseers how punished. ibid. 

Overseers aggrieved may appeal to next court. ibid. 

Removing or dieing how replaced. 503 

Property may be conveyed to the poor. 504 

Qualifications of a legal settlement. 505-6 
Strangers coming into a township how treated. 

506-7-8 
May gain a legal settlement; when? 508-9 
Persons likely to become chargeable how remo- 
ved. 509 
Appeals may be had on removal of the poor. 509-510 
Penalty for entertaining poor not legally settled. 

512 

In case a pauper dies. 513 

Overseers to receive poor legally removed. 514 

Penalty for neglect. ibid. 
Where the poor of one township sickens & dies 

in another. 515 
Overseers may appeal from justice's decision 
charging them with poor moving into their 
township. 516 
When poor shall be supported by their rela- 
tives. 517 
Fines how recovered. 519 
Overseers shall prosecute for trespasses on land 

reserved for schools & religion. 693 

PRACTICE. 

In court of chancery — see judiciary. 
In genl. court — see judiciary. 
In supreme court — see judiciary. 
In circuit court — see judiciary. 
In court of appeals — see judiciary. 
In common pleas — see judiciary. 
In county court — see judiciary. 



464 



INDEX. Ivix 

Court of com. law may give judgt. in certain 

cases for the sum due in equity and good 

conscience. 521 

Appearance bail when required. 522 

In what cases bail-piece shall be given to the 

bail. 523-541 

Who may be bail. 523 

Form of bail piece. ibid. 

Pleas in abatement & non est factum must be 

supported by oath. 524-542 

Plff. shall have cost when plea in abatement is 

overruled. 524 

Parties may plead as many pleas as they please. 

ibid. 
Clerk to apportion docket. 525-545 

Causes not ready for trial how disposed of. 525 

Plaintiff may assign as many breaches of covt. 

as he pleases. 526 

Damages thereupon how to be assessed. ibid. 

Judgment how entered on a penal bond. ibid. 

In what cases payment may be pleaded. 527 

When deft, may have set off. ibid. 

Non-suit not permitted after jury retires. 528-543 

Not more than two new trials shall be granted. 528 

When one count is bad & entire damages 

given — The effect thereof. 529 

Where Indians & negroes may be witnesses. ibid. 

What defects are cured by verdict. ibid. 

Demurrer to form must state the causes of 

demurrer. 530 

Acts of jeofail & amendment adopted. 531 

What papers the jury may take with it. ibid. 

After issue joined in ejectment no exception 

to form allowed. 531 

Verdict in when defective. ibid. 



465 



Ix INDEX. 

Confession of judgt. releases errors. ibid. 

When writ of error shall be supersedeas, 534 

When writ of error may be brought. 535 

WTien the plfiF. in slander &c. shall recover 

only two thirds of the costs. 532 

Execution shall issue from genl. court accor- 
ding to law. ibid. 

Genl. court may prescribe forms & modes of 

proceedings in it. ibid. 

Rules in appeals and writs of error. 532 to 536 

Dedimus may be granted to take depositions. 536 

Sheriffs duty to execute & return writs and 

how. 536-7 

How pllf. shall declare if some of the defts. are 

not found. 537 

He may have scire facias against them. ibid. 

When declaration shall be filed. 538 

Copy of note &c. to be given with declaration. ibid. 

Writ shall be indorsed on or accompany 

declaration. ibid. 

When the writ shall be a summons & when a 

capias. 538-9 

When and how executed. 539 

Sheriff shall give copy of decon. & writ if 

required. ibid. 

Shall take special bail upon capias. ibid. 

Persons shall not be arrested out of their coun- 
ty (except in certain cases.) 540 

How they may be discharged from such 

arrest. ibid. 

Sheriff's remedy vs. the bail that may be ad- 
judged insufficient. ibid. 

Bail may surrender deft, and how. 541 

Pleas when to be filed. ibid. 

Oyer when to be required. 542 



466 



INDEX. Ixi 

Deft, shall not deny any instrument of writing 
having his name signed to it unless on 

oath. ibid. 

Arrest of judgment. ibid. 

Suits shall be tried at the return term. 543 

Continuances how obtained. 544 
Non residents shall give security for costs. 

547-8-9 

Proceedings in action for fraud. 550 
No certiorari shall be allowed to remove pro- 
ceedings in a civil cause before a single jus- 

tiee of the peace. 545-6 
How jailer may plead when sued for escape 

from prison bounds. 558 

PRISON. 

How built & kept in repair. 388 

Its bounds by whom designated. 389-557 

Who may take benefit of prison bounds. ibid. 

Must give bond and seeurity, 557 

Bond how approved. ibid. 
Prison shall be examined by ct. of com. pleas 

at each term. 560 
Shall have separate rooms for the sexes. ibid. 
How to be guarded. 563 
What deemed sufficient. ibid. 
Prisoners of different sexes shall be kept sepa- 
rate. 560 
How provided with victuals &c. 561 
When to pay for their keeping. ibid. 
May be sued for prison fees. 562 
Dying in exon. does not discharge debt. 656 

PRIVILEGE, 

Who shall be privileged from arrest. 564-5-6 

PROMISORY NOTES. 

Shall not be denied by deft, unless on oath. 542 



467 



Ixii INDEX. 

RAFFLING. 

How punished. 708 

RECOGNIZANCE. 

By whom taken. 306 

To be made to the U. States. ibid. 

When forfeited how prosecuted. ibid. 

How & to whom certified. ibid. 

May be taken by Jus. of peace. 354 
If for felony &c. to be certified to the genl. 

court. ibid. 

Recognizance of bail on justices warrant. 362 

For keeping the peace how conditioned. 378 

RECORDER. 

Shall keep his office at the seat of justice of his 

county. 567 
His duties. 568-571 

One to be appointed in each county. 569 

Shall give bond to the govr. ibid. 

His bond shall be filed in Secys. office. 570 

Penalty for acting before giving bond. ibid. 

Penalty for breach or neglect of duty. 571 
Ancient records to be delivered to the Secy. & 

be kept in his office. 575 

REVENUE. 

Lands how divided for taxation. 581-598 

To be entered by owners for taxation. 581 
Territory shall have a lien on the land for the 

taxes. 581-2 
How to be described when given in for taxa- 
tion. 582-600 
Sheriffs to collect taxes. 584-599 

May sell land for taxes. 584 



468 



INDEX. Ixiii 

Shall pay taxes to auditor. 586 

When land shall be struck off to the territory, 585 
If too much tax is charged does not vitiate sale 

of land for taxes. 586 
Persons holding title — bond to pay the 

tax. 591 

Triple tax on land not listed. 595 

Tax on Billiard tables. 596 

On law process. 625 

County levies vrhat property subject to. 608 

Penalty for giving fraudulent list of property. 609 

The duty of sherff in such cases. 609-610 

The duty of clerks relative to tax list. 612 

County levies how collected. 613-623 

Rate of county taxes. 614 

Single men to pay poll tax. 608-624 

ROADS. 

How opened & kept in repair. 628 

When to run through an improvement. 629 

Application for, how made. ibid. 

Viewers & surveyors how appd. & duty of. 630-645 
Persons aggrieved by road. 631-2-641 

Objection to road when & how made. 633 

How changed. 634-641 

Useless, how discontinued. 635 

Who shall work on roads. 636-645 

Supervisors to give notice. 636-7 

Penalty for failing or refusing to work. 637 

Work on road, how apportioned. ibid. 
Supervisors how appointed and their duty, 

637-8-9-642 

Private roads how allowed, 640 

To be recorded & how. 641 



469 



Ixiv INDEX. 

Penalty on pulling down advertisements for 

road. 642 

Obstructing roads how punished. 643 

Compensation of supervisors. 643-5 

Supervisor how punished for failure of duty. 644 

Persons adjudged to work how dealt with. 643 
Where one is assigned to supervisor to labour, 

how to be treated if he refuses to work. 706 

Scire facias — See practice — declaration. 

SEAL. 

A scrawl shall be considered a seal. 529 

SECURITIES. 

May request creditor to bring suit & if the cre- 
ditor fail to do so he shall lose his remedy 
agt. security. 552-3 

His executor or admr. may do the same. 553 

Security having paid the money may recover by 

motion vs. principal. 554 

Where two securities they shall pay equally 554-5 

In what case security shall not confess a judgt. 

or suffer judgt. by default. 555 

Bail may recover judgt. by motion. ibid. 

SERVANTS. 

May be brought to this territory. 467 

May agree with master for term of service. ibid, 

If they refuse may be removed. 468 

If under 15 years of age how long to serve. ibid. 



470 



INDEX. Ixv 

Must be registered in 30 days. 469 
If taken from one county to another how to be 

done. ibid. 

Failing to perform service how punished. 470 
Shall not be taken out of the territory without 

consent. 471 

Their consent how certified. ibid. 
Their children born in this terry, how long to 

serve. 472 
Brought here to serve under indenture. 646 
Shall be supported by master. ibid. 
May be transfered. 647 
How to be corrected. ibid. 
Aggrieved how redressed. 648 
Contracts with their masters void. ibid. 
May hold property. ibid. 
Disabled, how supported. 649 
Of colour shall not hold white servants. idib. 
Convicted of offences, how punished. 650 
Becoming free, how to act. ibid. 
Being forged certificates of freedom how pun- 
ished, ibid- 
Travelling without pass, how punished. 651 
Using on others plantation, how punished. 652 
Found rioting, how punished. 652-3 

SHAWNEY TOWN. 

Trustees of how elected. 680 

May elect clerk. 681 

Their power and duties. 681-2-3 

May fill vacancies. 683 

SHERIFFS. 

Shall levy execution from another county. 310 

Penalty for refusing. 311 

H 3 vol. II. 
471 



Ixvi INDEX. 

His duty when he has a criminal in custody 

triable in the genl. court. 316 

Penalty for neglecting such duty. 317 

Of Ran. county shall attend genl. court. 320 
Of every county shall attend special sessions of 

Genl. ct. ibid 

Shall execute process in supreme ct. 342 

Shall keep their offices at seat of justice. 342 
How to proceed on judge's report of fines due 

to county. 351 
In what cases to summon gr, jury. 352 
Answerable for escape. 366 
Shall collect fines assd. by Ct. martial 449 
Allowance therefor. 450 
His duty in writ of ad quod damnum. 457-8 
Liable if bail be insufficient. 540 
His remedy agt. the bail. ibid. 
How paid for keeping prisoners. 561-2 
How to proceed with non resident's land. 582 
To collect taxes. 584-599 
Shall return list of lands sold for taxes. 585 
Shall give certificate of sale. ibid. 
Shall settle with auditor. 587-599 
How punished for overcharging fees for col- 
lection. 586 
What those fees are. ibid. 
Shall give bond for collection. 587 
Shall collect tax on billiard tables. 597 
Shall receive audited accts. in pay for taxes. 596 
When to settle with territorial treasurer, 599 
Shall settle with co. treasurer at every ct. 602 
Penalty for failing, ibid. 
To take list of taxable property, 608 
His duty where fraudulent list is given, 609-610 
Make out copies of list, 611 
Collect county levies, 613 
Give bond & security therefor, 614 
His compensation therefor. 614-628 

472 



INDEX. Ixvii 

Grant certificate to sell merchandize, 618-627 

Penalty for taking more tax than is due, 620 

How to be appointed, 654 

His general duties, 655 
Penalty for failing to execute process or 

making false return, 656-8-9 
How to proceed when property cannot sell on 

exon. 657 

How proceeded against for witholding money, 658 
How to proceed where property levied on is 

claimed by another person, 660 

Shall collect surveyor's fees & how, 665-6 

SLAVES. 

May hire themselves from year to year with 

masters consent. 473 

Master's consent, how obtained &c. ibid. 



SUNDAY. 
How to be kept. 698 

SUPERSEDIAS. 



How obtained. 


534 


SURVEYORS. 




How appointed & qualified. 


662 


Their deputies how made. 


662-3 


Swear chain carriers. 


663 


Their fees. 


663-4 


Their fees by whom paid. 


663-5 


To deliver their fee bills to Sheriffs. 


665 



SuPf RVISORS — See roads. 

473 



Ixviii INDEX. 

SWEARING. 

Profane what deemed & how punished. 689 

Before congregation, courts &c. how punished. 699 

TAVERNS. 

Keepers of to get license. 667 

Penalty for keeping disorderly house. 668 

Give good entertainment. ibid. 

Fee for license. ibid. 

Shall give bond & security if required. 669 

Penalty for selling liquors without license. ibid. 

Shall not harbour minors, servants &c. 670 

Taverns for what reasons suppressed. 669-670-1 

Fines imposed on taverners how collected and 

applied. 671 

Shall set up rates of fare in public room. 672 

Tax — See revenue. 

TOWNS. 

May be established by county court. 676-7 

Lands shall be vested in trustees. 677 

Notice of application shall be required. ibid. 

Trustees to lay off the town & sell the lots. ibid. 

To make laws to govern the town. 678 

May fill vacancies. ibid. 

May have streets cleaned. ibid. 

Holders of lots when they amt. to fifteen may 

elect trustees. ibid. 

Court shall take bond & security from propri- 
etor to refund if a better title to the land be 

established. 679 

Adjoining lands may be added to it & how. ibid. 



474 



INDEX. Ixiv 

Towns already established & having not trus- 
tees, what. 680 
Clerk's fees. ibid. 

See shawney town — Kaskaskia. 

TOWNSHIPS. 

Counties may be divided into townships by 

court of com. pleas. 673 

TREASURER TERRITORIAL. 

Appointed & give bond & security. 579 

Going out of office to report to successor. ibid. 

Successor to report to Legislature. ibid. 

His bond how discharged. ibid. 

To receive public monies. ibid. 

How to pay out money. 580 

To keep accts. & lay them before Legislature. ibid 

To make monthly report to auditor. ibid 

To give receipts for money reed. ibid. 

TRESPASS. 

Of annimals how punished. 685-6 
Injuries done to tres. animals, how punished. 687 
By cutting timber on another's land how pun- 
ished. 690 
Penalty how recovered. 690-1 
Where deft, claims the land, how to proceed. 691 
On lands reserved for public use, how pun- 
ished. 692 
Persons exempt from such punishment. 693-4 



475 



Ixx INDEX. 

VAGRANTS. 

Shall give security for good behaviour. 356 

Who are deemed such. 695 

How apprehended, tried & treated. 695-6-7 

Their securities when liable to pay penalty of 

bond. ^ 696 

In what cases may be whipped. ibid. 
By what officers to be particularly taken notice 

of. 697 

VENDITIONI EXPONAS. 

Form of and when granted. 657 

VICE ^ IMMORALITY. 
Its definition & punishment. 698 to 708 

WARRANTS. 

May be issued by jus. of peace vs. suspected 

persons, their form &c. 355 

— In civil cases, how tested 357 

— To be served three days before trial. 359 

— When & how to be executed. ibid. 

— In return of capias ad respondendum when 
issuable & how executed. 360-1 

WEIGHTS bf MEASURES. 

By whom procured. 709 

What deemed lawful. ibid. 

Penalty for selling by unlawful. 710 

WITNESSES. 

Punished for not attending when sum. by 

justice. 374-5-387 



476 



INDEX. Ixxi 

When & how to make their excuse. 375-387 

May be recognised by jus. to appear in crim. 

cases. 379-380 

How sworn before court martial. 433 

How fined for non attendance. 436 

WORDS. 

Grant, bargain ^ sell" in a deed how con- 
strued. 568 

WRITS. 

Issuing out of court their style &c. 309 

— Out of the genl. ct. how to run. 314 

— How to be returned. 315 

— Remedial, by whom granted. 322 

— Of ne exeat & injunction how to be granted. 331 

ERRATTA. 

* In page 608 4th line of first section after 
the word "upwards" read as follows: 

" And all able bodied single men, who shall 

not have taxable property to the amount of two 
hundred dollars." 



477 



BIBLIOGRAPHY 



BIBLIOGRAPHY 

1809-1811 

Laws of the territory of Illinois, 1809-1811; edited by Clarence 
Walworth Alvord . . . Springfield, Illinois State Journal Com- 
pany, pr., 1906. xiv, 34 pp. (Illinois State Historical Library, 
Bulletin,!, no. 2.) 

1812 

Laws passed by the legislative council & house of representatives of 
the Illinois Territory at their first session held at Kaskaskia, in 
1812 — printed by authority from the governor. Russellville, 
Kentucky, Duncan, pr., 1813. 59 pp. 

1813-1814 
Laws of the territory of Illinois revised and digested under the 
authority of the legislature by Nathaniel Pope. Kaskaskia, Dun- 
can, pr., 1815. 2 vols. 
Cited as Pope's Digest. 

1815-1816 
Laws passed by the legislative council and house of representatives 
of Illinois Territory, at their fourth session, held at Kaskaskia, 
1815-'16. Kaskaskia, Duncan, pr., 1816. 84, iii pp. 
Reprinted, Springfield, Phillips, pr., 1898. 84, iii pp. 

1816-1817 
Laws passed by the legislative council and house of representatives 
of Illinois Territory at their fifth session, held at Kaskaskia — 
1816-'17. Kaskaskia, Cook & Blackwell, pr., 1817. 60 pp. 

481 



Another ed., ibid. SI, ii pp. Reprinted, Springfield, Phillips, pr., 1898. 
60 pp. 

1817-1818 

Laws passed by the general assembly of Illinois Territory, at their 
sixth session, held at Kaskaskia; 18 17-' 18. Kaskaskia, Berry & 
Blackwell, pr., 1818. 104 pp. 

Reprinted, Springfield, Phillips, pr., 1898. 104 pp. 

1819 
Laws passed by the first General Assembly of the state of Illinois 
at their second session held at Kaskaskia, 1819 — published by 
authority. Kaskaskia, Blackwell & Berry, pr., 1819. 387, 58, 2, 
22 pp. 

The volume is cited as Laius of 1819. 

1820-1821 
Laws passed by the second General Assembly of the state of Illinois, 
at their first session; commenced at Vandalia, December 4th, 1820 
and ended February 15th, 1821 — published by authority. Van- 
dalia, Brown & Berry, 1821. 188, 19 pp. 
Cited as Laivs of 1821. 

1822-1823 
Laws passed by the third General Assembly of the state of Illinois, 
at their first session, commenced, at Vandalia, December 2, 1822 
and ended February 18, 1823, to which are prefixed the Declara- 
tion of Independence, the Articles of Confederation, the Constitu- 
tion of the United States, the deed of session from Virginia, the 
ordinance for the government of the Territory N. W. of the Ohio, 
the act of Congress for the admission of Illinois into the Union, 

482 



and the act of Congress for taking up fugitives from justice and 
runaway slaves — published by authority. Vandalia, Blackwell 
& Berry, pr., 1823. 232, 19 pp. 
Cited as Laivs of 1823. 

1824-1825 
Laws passed by the fourth General Assembly of the state of Illinois, 
at their first session, commenced at Vandalia, November 15, 1824, 
and ended January 18, 1825 — published by authority. Vandalia, 
Blackwell, pr., 1825. 199 pp. 
Cited as Laius of 1825. 

1826 

Laws passed by the fourth General Assembly of the state of Illinois, 
at their second session, commenced at Vandalia, January 2, 1826, 
and ended January 28, 1826— published by authority. Vandalia, 
Blackwell, pr., 1826. 109 pp. 
Cited as Laius of 1826. 

1826-1827 
The revised code of laws, of Illinois, enacted by the fifth General 
Assembly at their session held at Vandalia, commencing on the 
fourth day of December, 1826, and ending the nineteenth of 
February, 1827. Published in pursuance of law. Vandalia, Black- 
well, pr., 1827. iv, 406 pp. 
Cited as Laius or Revised code of 1827. 

1826-1827 

Laws of a private nature, passed by the fifth General Assembly of 
the state of Illinois, at their session held at Vandalia, commencing 
on the fourth day of December, 1826, and ending the 19th of 

483 



February, 1827 — published by authority. Vandalia, Blackwell, 
pr., 1827. 43 pp. 

Facsimile reprint, Boston, Boston Book Company, 1910. 
Cited as Private laivs of 1827. 

1828-1829 

The revised code of laws, of Illinois, containing those of a general 
and permanent nature passed by the sixth General Assembly, at 
their session held at Vandalia, commencing on the first Monday 
of December, 1828; and those enacted previous thereto, and or- 
dered by the said general assembly to be re-published. Published 
in pursuance of law. Shawneetown, Grant, 1829. 278 pp. 
Cited as Laivs or Revised code of 1829. 

1830-1831 

Laws of Illinois passed at seventh General Assembly, at their session 
held at Vandalia, commencing on the first Monday in December, 

1830. Published in pursuance of law. Vandalia, Blackwell, pr., 

1831. 217 pp. 

Cited as Laws of 1831. 

1832-1833 

The revised laws of Illinois, containing all laws of a general and 
public nature passed by the eighth General Assembly, at their 
session held at Vandalia, commencing on the third day of De- 
cember, 1832, and ending the second day of March, 1833, to- 
gether with all Laws required to be re-published by the said 
General Assembly. Published in pursuance of law. Vandalia, 
Greiner & Sherman, pr., 1833. v, 677, [40] pp. 
Cited as Lavjs or Revised statutes of 1833. 

484 



1845 

Revised statutes of the state of Illinois, adopted by the general as- 
sembly of said state, at its regular session, held in the years, A. D., 
1844-'5. Together with an appendix, containing acts passed at 
the same and previous sessions, not incorporated in the revised 
statutes, but which remain in force. Revised and prepared for 
publication, with notes, index, &c. by M. Brayman. Published 
by authority of the general assembly. Springfield, William 
Walters, pr., 1845. xvi, 749 pp. 
Cited as Brayman's Statutes. 

1874 

The revised statutes of the state of Illinois. A. D. 1874. Com- 
prising the revised acts of 1871-2 and 1873-4, together with all 
other general statutes of the state, in force on the first day of 
July, 1874. Compiled and edited by Harvey B. Hurd, commis- 
sioner of revision. By authority of the general assembly. Spring- 
field, Illinois Journal Company, 1874. viii, 1235 pp. 
Cited as Hurd's Statutes or simply as Revised statutes with the date. 



485 



487 



GENERAL INDEX 



Abatement of suits, I: 51-53. 
Accounts, in arbitrations, I: 61. 
Actions, consolidation of, II: 88; in 
Justice of Peace Court, 92; statute 
of limitations on, 243 ; Supreme 
Court, 55, 
Acts repealed, I: 76, 101, 106, 108, 
114, 129, 268, 275, 283; II: 33, 
308, 363. 
Ad quod damnum, writ of, II: 175- 

77. 
Adams, John, I: 31, 37. 
Adjutant General. See Militia. 
Administrators and executors, 
bonded, I: 216, 218-20, 223-24; 
clerks' fees for settling accounts 
of, 247; Common Pleas courts 
supervise, 209-10, 237; debts, rules 
for settlement, 238; dismissal of, 
224; distribution of estate, 222; 
fees of, 240; judgments of, against 
sheriffs, 261 ; notification to credi- 
tors by, 239; probate of wills en- 
ables action by, 230-31; sale of 
land by, 225-27; sale of movable 
goods by, 234-35; security required 
of, 223; suits against, 51-53, 295- 
96. 
Adultery, I: 127-28, 131. 
Affidavits, continuance of suit by, 

II: 262; debt cases, 103. 
Alexander, Samuel, I: Hi. 
Alexander, William, I: xlii, n. 
"Alien vote" case, I: xlv, n. 
Aliens, I: 53. 
Alimony, I: 131-32. 
Appeal, bonds for, II: 251; 

from: Common Pleas, I: 214, 
221; II: 26; Justice of the Peace, 
107: 



to: Circuit Court, I: 214, 221; 
County Court, II: 107, 263, 342; 
Court of Appeals, 20; General 
Court, I: 214, 221; II: 26, 107, 
250-51; 

judgments final, HI, 251-52; 
on law, 20, 40; liability for, 251- 
52; of poor law cases, 227, 238; 
procedure, 108; record filed, 251. 
See also Courts. 
Apprentices, I: 54-56, 213; II: 190, 
218. See also Negroes and Mulat- 
toes. Servants, indentured, and 
Slaves. 
Arbitrations, I: 57-61. 
Archer, William B., I: 1. 
Arrests, civil, II: 258, 282-84. 
Arson, I: 113-14. 
"Articles of Compact" (Ordinance of 

1787), I: 23-29. 
Assault and battery, I: 111-12; II: 

250. 
Assembly. See General Assembly. 
Assessment. See Taxation. 
Assignments, I: 62-64. 
Attachment, foreign, I: 65-68; pro- 
cedure against debtors, 68-72; spe- 
cial constable for, 92. 
Attorney General, 

duty: in adultery cases, I: 128; 
toward delinquent collectors, II: 
296; in impeachment cases, I: 
300; to recover fines, II: 280; to 
settle with county treasurer, 319- 
22; to suppress duels, I: 140; 
fees, 265. 
Attorneys, disbarment, I: 74; fees, 
264; licenses, 72-73; oaths, 76-77; 
punishment for illegal practice, 
75, 78-79; 



488 



GENERAL INDEX 



prosecuting: eligible to legisla- 
ture, 172-73; fees, II: 60, 319, 321- 
22. 

Auditors, appointment, II: 294; bond 
required, 295; compensation, 312; 
duties, 295-96, 302, 305-306, 316; 
list taxable lands, 308-309, 312, 
315. 

Authentication of records, I: 80-81. 

Backus, Elijah, I: x, xi. 
Backus, Lucretia, I: x. 
Bail, actions, II: 240; bond for, 2SS- 
59; form required, 241; judgment 
against principal for, 273; per- 
sons acceptable for, 241-42. See 
also Courts. 
Bankruptcy, II: 270-72. 
Beaird, Joseph A., I: xxiv, n. 
Beaird, William A., I: Ix, n. 

Beaubien, , I: xlv, n. 

Bennett, William, I: xlvii, n. 

Bigamy, I: 121-22. 

Billiard tables, II: 314-15. 

Bills of exchange, inland, I: 62-64. 

Black locust, oak, and walnut trees, 

trespass by cutting, II: 408-412. 
Blackwell, David, I: 1, Hi, Iviii, n. 
Blue ash trees, trespass by cutting, 

11:408-412. 
"Blue laws," II: 416. 
Boats. See Estrays. 
Bond, Shadrach, I: xxix, n. 
Bonds, appeal, II: 251-53; for cer- 
tain suits, 265-67; for county con- 
tracts, 340; exempt from debt 
actions, 271; negotiable, assign- 
ment of, I: 62-64; sheriffs' sale 
postponement, 379; surveyors', II: 
380; tavern-keepers', 387. See also 
Bail and specific officers. 
Branding, I: 115. 
Brands and marks, I: 114-18. 



Brayman, Mason, I: Ixiv, Ixviii, n., 
Ixix, Ixxi; biographical sketch, 
Ixvii, n. 

Breese, Sidney, I: xiii, xxvi, xlv, n., 
Ixix. 

Bribery, I: 165. 

Bridges. See Roads. 

Browne, Jesse B., I: xxii. 

Browne, Thomas C, anecdote about, 
I: XXV, n. ; characterized, xxiii, n. ; 
judge, xxvi, xxvii, n., xxx, xliii, 
xlv, n., xlviii, n., xlix, n., liii, Ixi, 
n. ; proslavery leader, xliv, n. 

Cahokia, 1:98; II: 51. 

Cairns, Abraham, I: xlii, n. 

Capias ad respondendum, writs of. 

See Writs. 
Capias ad satisfaciendum, writs of. 
See Writs. 

Capital punishment, authority of 
General Court, 11: 33; manner of 
inflicting, I: 125; number of judges 
necessary, II: 55-56; 

penalty for: arson, I: 114; horse 
stealing, 126-27; killing in duel, 
137; rape, 120; treason, 105. 

Casey, Zadoc, I: xlii, n. 

Cattle, branding of, I: 117; brands 
altered, 114-15; killing of, penalty 
for, 116-17; seized in distress for 
rent, 148-49; taxes on, II: 326, 
330, 332; trespassing, 403-407. See 
also Estrays. 

Cemetery (Shawneetown), II: 402. 

Certiorari, writs of. See Writs. 

Chancery Court. See Courts: 
Chancery. 

Charity, II: 222. 

Chestnut trees, trespass by cutting, 
II: 408-412. 

Chicago, 111., I: xii, n. 

Children, disobedient, I: 112-13. 

Chillicothe [Chilicofhe], I: 37. 



GENERAL INDEX 



489 



Churchill, George, I: Hi. 

Claims. See Land. 

Clay, Henry, 1:45. 

Clerks, of common fields, I: 83, 86- 
87. See also County Clerks and 
Courts. 

Cock fighting, II: 420. 

Coffee trees, trespass by cutting, II: 
408-412. 

Coffin, William, I: li, n. 

Coles, Edward, frees slaves, I: xlv, 
n. ; messages of, xli, xlviii; regis- 
ter of land office, xiii; secretary to 
Madison, xxv, n. 

Commissioners. See County commis- 
sioners. 

Common fields, fences for, I: 84-86, 
88; liability of proprietors, 87; 
officers for, 83-84; rules for man- 
agement, 81-82. 

Congress, 

delegate from Illinois Territory 
to, I: xii-xiii, 103, 167-71; 

legislation of, on: Illinois Ter- 
ritory, ix, 38-45; Indiana Terri- 
tory, xi, 34-42; Northwest Terri- 
tory, 15-37. 

Conscientious objectors, II: 197-99. 

Constables, bond required of, II: 
89-91; clerks' fees for swearing, 
1 : 243-45 ; 

duty: at administrators' sales, 
227; to apprehend prisoners flee- 
ing from county, II: 100-101; with 
attachments, I: 69-70; to collect 
militia fines, II: 161; on coroners' 
juries, I: 93-94; in distress cases 
for rent, 144-45 ; to enforce Indian 
trade law, 312; with executions, 
II: 84, 87, 104; to serve process 
from justices of peace, 75-76; to 
serve warrants, 77-80 ; to whip 
servants, 372; 
fees, I: 254-55, 256-57, 272; II: 



162. See also Courts: Justice of 
the Peace. 

Contempts, II: 32, 105. 

Contracts, illegal interest prohibited, 
II: 183; verbal, I: 296; void with 
indentured servants, II: 366. 

Conveyance, of married women's 
property, II: 291. See also Deeds. 

Convicts, indentured, I: 119, 125-26. 

Cook, Daniel P., I: xii, xv, xxvii, 
xxxii, n., Iviii, n. 

Coroners, 

duty in case of: attachments, I: 
69; contested elections, 163; 

deaths, accidental and violent, 93- 
97; executions, 268-69; II: 374, 
377; forcible entry and detainer, 
I: 288; widows' dowers, 134; 

fees, 251, 264, 272-74; law prac- 
tice restricted, 76; punishment for 
contempt, II: 32. 

Costs, of appeal to General Court, 
II: 252; for arrest of judgment, 
260; in case of acquittal, 325; in 
case of practice without license, 
I: 78; non-residents' security for, 
II: 265-67; in nonsuit, 82-83; of 
plea in abatement, 242; to remove 
pauper, 228; in suit against poor 
overseers, 238; in trespass, I: 313; 
when not recovered, II: 246, 250. 
See also Courts. 

Counsellor at law. See Attorneys. 

County, boundaries of Randolph and 
St. Clair, I: 18; fines credited to, 
284; Gallatin divided, 99-103; 
militia districts in, II: 121; town- 
ships in, 391. 

County clerks, duties, I: 117-18; II: 
308-309, 316; liability for con- 
tempt, 32. 

County commissioners, bond, II: 310; 
duties, 301, 306, 308, 316-17, 322; 
fees, 309; liability, 309. 



490 



GENERAL INDEX 



County recorder, bonds, II: 287-88; 
duties, 286, 289-90; fees, I: 256; 
liability, II: 290; of Randolph, to 
deliver books to territorial Secre- 
tary, 293-94. 
County surveyors. See Surveyors, 

county. 
County treasurers, appointment, II: 
319; bond, 318; compensation, 319- 
22; duties, 319, 322; tax list re- 
ceived by, 326, n. 
Court martial. See Militia. 
Courthouses, II: 106. 
Courts, 

clerks: duties, I: 80-81; II: 68- 
69, 243, 256, 259, 261, 266, 375; 
fees, I: 268-69; II: 398; freedom 
from arrest, 283; not eligible to 
legislature, I: 166; see also speci- 
fic courts; 

interpreters, II: 246; 

judges: authenticate records, I: 
81; duty in riots, 106-108; 

Northwest Territory: judges of, 
17-18, 22, 32, 33; judicial pro- 
ceedings in, 24; 

recognizances: II: 24; for felony, 
72; by Justice of Peace, 72, 80; 
to keep peace, 96; 

sessions changed by legislature, 
20; see also specific courts; 

of Appeal, clerks, appointment, 
19; fines, disposition of, 25; Gen- 
eral Court suits to be tried in, 20; 
jurisdiction, 19; quorum, 17-18; 
sessions, 19-20; 

Chancery, 

clerks: appointment, 46; duties, 
41; fees, I: 266-67; 

decrees, II: 44-45; liability of 
officers, 377; practice and rules, 
40, 42-43; subpoena services, 42; 

suits: answers, 43-44; bond re- 
quired, 41, 50; injunctions against, 
46-48; ne exeat, 49; 



Circuit, appeals to, I: 214, 221, 
293; II: 20; 

clerks: appointment, 18; fees, I: 
76, 257-63; 

Common Pleas suits tried In, II: 
17; composition of, 15, 18; 

judges: allotted, 15; liabilities, 
17; not to sit with United States 
judges, 20; 

jurisdiction, I: 65, 132-33; II: 
16-17, 239, 384; sessions, 16-18, 20; 
sheriffs' liability to, 384; suits, 
continuance in, 17-18; territory di- 
vided for, 15; venue, 17-18; 

writs: of injunction, 17; ne 
exeat, 17; 

Common Pleas, 

appeals: apprentice cases, I: 
55-56; common fields cases, 88; 
poor cases, II: 220, 228-29; road 
cases, 354; 

appoints: administrators, I: 218- 
27, 230-40; assessors, II: 333; 
clerks, 29; constables, I: 89, 92; 
fence viewers, 175-76; guardians, 
210-11, 215, 228-29; poor over- 
seers, II: 215; road supervisors, 
355; road surveyors, 348, 381; 

arbitrations validated by, I: 58- 
61; arrests by, II: 25, 39; audits 
certain accounts, 219, 333, 338; 
ball cases in, 241; bond required 
to begin suit, 265; 

clerks: appointment, 29; bonds, 
67; books of, 57, 68; commissions 
issued by, 254; county accounts 
kept by, 344; election duties, I: 
162, 165, 169-70, 189; emancipa- 
tion bonds kept by, II: 188; estray 
cases, I: 179, 181-82, 185, 188-89; 
fees, 242-47, 257-63; II: 189, 305, 
331; fees billed against security, 
266; fines remitted, 68; law prac- 
tice barred, I: 76; marriage li- 
censes issued by, II: 113; penalty 



GENERAL INDEX 



491 



for negligence, 68; poll lists kept 
by, I: 162, 169-70; returns of poor 
sales, II: 216; servants' certificates 
of freedom issued by, 368; tax in- 
ventories, 330; taxes received by, 
344; warrants issued, 39; 

constables' oath before, I: 90; 
deeds acknowledged before, II: 
289, 291; depositions in, 254; elec- 
tions supervised by, I: 159-64, 166; 
fines, disposition of, 284; II: 25; 
in foreclosure suits, I: 196; II: 
264; 

judges: fees, I: 248; prohibi- 
tions, 75-76; II: 91; subject to ar- 
rest, I: 75; 

jurisdiction, II: 23-24, 29-30, 62, 
67, 261, 38+; Justice of Peace 
judgments in, 84; land title cases, 
I: 156; II: 288-89; minors appren- 
ticed by, 195; poor cases, 215, 220, 
228-29; 

powers: to build bridges, 358; 
in contempt cases, I: 214; over 
county treasurer, II: 324; in 
debtor cases, I: 314-18; to enter 
contracts, II: 339; in equity cases, 
239; to erect estray pounds, I: 
189-91; to establish townships, II: 
391; to fix county seats, I: 100; to 
issue subpoenas, II: 26-27; to pro- 
bate wills, I: 209, 216-17, 232-33; 
to regulate ferries, 275-81, 283; II: 
337; to regulate prisons, 274, 278- 
79; to regulate taverns, 385, 390; 
to select dam sites, 175-76; to sup- 
ply weights and measures, 427-28; 

records: free negroes, 193, 195; 
indentured servants, 189; mar- 
riages, 113; 

roads: administered by, 348; 
cases appealed to General Court, 
354; opened by, 346, 352, 358; 

servants, indentured: bonds regis- 
tered in, 185, 187; fugitives tried 



by, 365; jurisdiction over, 189, 
195, 366, 368; 

sheriffs' liability to, 24, 384; 
subpoenas from, 26-27; Supreme 
Court tries suits pending in, 58; 

taxation: cases tried by, 328, 
342; exemptions allowed, 326; of 
ferries, 337; levy fixed by, 334-35; 
records and money kept by, 330-31, 
344; 

warrants from Justice of Peace 
courts to, 236; witnesses' fees, I: 
250-51; 

writs: of attachment, 65, 68-71; 
dedimus, II: 26; of execution, I: 
206-207; II: 28; of fieri facias, I: 
200; form of, II: 27; of testatum, 
28; 

County, appeal judgments final, 
111; appeals to, from Justice of 
Peace court, 107-109; appoint 
clerks, 65 ; assault and battery 
cases in, 250; audit treasurers' ac- 
counts, 319; bail cases in, 66; 

certify: county expenses, 324; re- 
wards for killing Indians, I: 308; 

clerks, II: 65-67, 316, 321; com- 
position of, 63-64; contempts in, 
111; 

judges: compensation, 65; eligible 
to legislature, I: 172-73; 

jurisdiction: II: 64-67; of Com- 
mon Pleas assumed, 65-66, 110; 
over jailers, 106; 

officers paid by county funds, 
325; 

powers: to build courthouses and 
jails, 106; to establish ferries, I: 
283; to establish towns, II: 394- 
98; over prisons, 106; 

sessions of, 64; tax rate fixed by, 
321; 

of Enquiry, see Militia : Court of 
Enquiry; 

of Equity, 40; 



492 



GENERAL INDEX 



General, 

appeals: 1: 214, 221; II: 251-52; 
decisions divided in, 253; limita- 
tions on, 40; tax on, 343; 

arbitrations validated, I: 58-61; 
assault and battery cases, II: 250; 
bail cases, 49, 241 ; chancery pow- 
ers, 40; 

clerks: appointment, 46; barred 
from law practice, I: 76; bonds, 
II: 67; duties, I: 73-74, 206-207; 
II: 41, 253-54; fees, I: 246, 257-63, 
272; office inspected by, II: 250; 
penalties for negligence, 68; 

decrees, 45 ; deeds acknowledged 
before, 289, 291; depositions in, 
43-44, 254; English rules on prac- 
tice, 40 ; fines, collection and dis- 
position of, 32-37; injunctions, 
46-48; see also Writs; jails, see 
Prisons; 

judges: barred from law prac- 
tice, I: 75; inspect clerks' books, 
II: 250; subject to arrest, I: 75; 

judiciary act not to interrupt 
suits, II: 50; juries' excuses, 36-37; 
juries instructed on dueling, I: 
138; 

jurisdiction: 100, 132-33; II: 24, 
31-32, 384; assumed by Supreme 
Court, 62; in equity cases, 50; in 
forcible entry cases, I: 293; in 
land title cases, II: 288-89; 

non-resident suits, 41 ; officers' 
salaries, 325; 

powers: over attorneys, I: 72-74; 
of capital punishment, II: 33; to 
enforce decrees, 44-45 ; in equity 
cases, 239; 

practice and rules, 42, 250; 
prisoners' guard hired by, 281; 
prisons delivered by, 33 ; 

sessions of: 31, 34-35; cost, 38; 
for criminals, 34; 

sheriffs' liability to, 384; sub- 



poenas, 42; talesmen summoned, 
35; taxation of appeals, 343; 
transfer of cases to, 264; wit- 
nesses' fees, I: 250-51; 

writs: of attachment, 65; of er- 
ror, II: 30; of execution, 250; 
fieri facias, I: 200; II: 45; form 
of, 32; habeas corpus, 258; of in- 
junction, 40; ne exeat, 49; 

Justice of the Peace, 

actions: by consent, 82; con- 
solidation of, 88-89; 

administrators directed by, I: 
220-21; adultery cases, 128; 

appeals, II: 107-110, 238, 263; 
appointment, 72; apprentice cases, 
I: 55-56, 218; arbitrators selected 
by, II: 83; arrests by, 74, 96-100, 
236; bail cases, 74, 79-81, 86; 

bonds: debtors' prison, approved 
by, 275; to keep peace, 96; 

cases: bound to Common Pleas, 
72; bound to Supreme Court, 96, 
98; civil, 75-103; discounts in, 102; 
not removable, 263 ; 

constables: bonds, 89-91; duties, 
75, 84, 104; liabilities, 80, 104; 
oaths, I: 90; 

costs, bill of, II: 87; courthouses 
maintained by, 106; criminal cases, 
74; debt cases, 79; deeds acknowl- 
edged before, 289, 291; depositions 
from non-residents, 93 ; docket, 
388; ejectment cases before, I: 
153-56; extradition cases, II: 98- 
101; 

fines: dispostion of, 73, 106; for 
poor violators, 237; for stallions 
in the woods, I: 299-300; 

forcible entry and detainer 
cases, 287-94; Indian trade viola- 
tion cases, 309-312; jail sentences, 
II: 73; jails supervised by, 106- 
107; 



GENERAL INDEX 



493 



judgments: 73, 83-85; for de- 
fendant, 83 ; against non-freehold- 
ers, 86; against non-residents, 103; 
in subsequent actions, 88-89; 

jurisdiction: 72-74, 95-97; ani- 
mals, estray, I: 180-83, 188-89; II: 
404-406; boats adrift, I: 179-80; in 
civil cases, II: 92; contempt cases, 
105; over criminals, 97-98; debt 
actions, 92; fence maintenance, I: 
176-77; ferry regulation, 278; free 
negroes, II: 192; inquests, I: 93, 
97; petit crimes, II: 72-74; riots, 
I: 106-108; timber cutting, II: 
409; 

jurors' oaths, I: 94-95; 

justices: eligible for legislature, 
166, 172-73; fees, 253-54; II: 87; 
immunities, 102; prohibitions, I: 
76; II: 88, 91; 

liability for: contempt, 32; en- 
dorsing warrant, 101-102; unau- 
thorized charges, 87; 

non-resident suits, 267; non- 
suits in, 79, 82-83 ; oaths adminis- 
tered by, I: 134; peace conserva- 
tors, II: 95 ; petit offenses punished 
by, 72, 423 ; 

poor: apprenticed by, 218; ex- 
pelled by, 227, 232; overseers' ob- 
ligations to, 220-21, 234; 

practice and rules, 77-78, 82, 
103; relief granted by, 218; 

servants, indentured : fugitives 
tried, I: 126; jurisdiction over, 
112-13; II: 191, 365, 369-70; 

stallions' owners fined by, I: 
299-300; stay of execution, II: 85- 
86, 94; subpoenas, I: 96; II: 92- 
93, 105 ; vagrants committed by, 
413, 415; venue changed, 76; 
vexatious suits dismissed, 76; 

warrants: for debts, 79; how is- 
sued, 75-76; for suspects, 413, 415; 

witnesses summoned, 92-105; 



writs: of attachment, I: 68-71; 
dedimus, II: 82; of execution, 84, 
92-105 ; may be stayed, 85 ; see 
also Constables; 

of Oyer and Terminer, 24, 33; 

Supreme, appeals to, 59; ap- 
points district attorney, 60; arson 
cases, 55; capital punishment, 55, 
59; 

clerks: afiidavits before, 202; 
appointment, 57; duties, 57, 200- 
202; fees, I: 272; oaths before, 
II: 201; office location, 60-61; tax- 
sale redemption, 202; 

composition, 52, 55; continuation 
of cases in, 56-57; criminal cases, 
divided decisions, 56; debt cases, 
53 ; district attorneys' appointment, 
60; illegal Indian trade, I: 311; 

judges: barred from law prac- 
tice, 75 ; conservators of peace, II : 
S3; 

jurisdiction, 52-55, 62; practice 
and rules, 55; process, style of, 62; 
Randolph County Court hears ap- 
peals, 59; sessions, 52, 55-57; 
transfer of cases to, 58, 63; 
treason determined, 53-59. 
Craig, Thomas E., II: 399. 
Crawford, William H., I: 45. 
Crimes and punishments. See Courts 

and specific crimes. 
Cursing, 11:417. 

Damages, for cutting timber, II: 
408-412; for firing woods and 
prairies, I: 285-86; for rent, 145; 
from trespassing animals, 175; II: 
403-407; verdict for, 247. 

Davenport, Marmaduke S., I: xlii, n. 

Davis, David, I: Ixviii. 

Death penalty. See Capital punish- 
ment. 

Debt, 

actions: II: 245; appearance bail 



494 



GENERAL INDEX 



in, 240; in estray cases, I: 189; in 
trespass cases, II: 408, 411; 

attachments for payment of, I: 
65-71; gambling invalid, II: 422; 
interest on, 182; limitations, statute 
of, 243; militia accoutrements ex- 
empt from, 116; 

sheriff: liability in cases of, 84, 
374-75; sells land for, I: 192-95, 
198-99, 200-201, 203-207. See also 
Courts: Chancery and Courts: Jus- 
tice of the Peace. 

Debtors, 

prison: II: 84, 102, 232, 342; 
bounds allowed, 275; fare in, 279- 
80; jailor's liability for escapes, 
276; release from, to raise money, 
377; 

relief for, I: 314-18; writ of at- 
tachment against, 66. 

Declaration, in ejectment, I: 149; II: 
343; filed before writ, 256; unnec- 
essary in scire facias, 264. 

Decoigne, Lewis, I: 305. 

Dedimus, II: 82. 

Deeds, fee simple, II: 286; fees for 
recording, I: 256; fraudulent, 112; 
invalid if not recorded, II: 288-90; 
meaning of "Grant, bargain & 
sell," 286; non-resident, 292; 
transfer of wife's property by, 291. 

Defacing public announcements, II: 
425. 

Demurrer, judgments on, II: 244; 
limitation of, 248. 

Depositions, I: 130; II: 249, 254. 

Deputy sheriffs. See SheriflFs. 

Descent of estates, I: 221-22. 

Desertion, by militiamen, II: 149-50, 
169-70; of wives and children, 
235-36. 

Distress, 

rent: distraining goods and chat- 
tels, I: 143-48, 156-57; seizing 



crops and stock, 148-49 ; sheriffs 

take bond, 151-52; 

trespassing animals, II: 403-407. 
District attorney. See Attorneys. 
Disturbing peace, II: 417. 
Divorce, I: 131-33. 
Docket, preparation of, II: 243. 
Dower, I: 133-35; II: 292. 
Draft See Militia. 
Drummond, Thomas, I: xv, n. 
Drunkenness, II: 386, 418. 
Dueling, I: 136-41; II: 423. 
Duncan, Joseph, I: 1. 
Dunkards and Quakers, I: 141-43; 

II: 197-99. 

E O tables, prohibited, II: 421. 

Edgar, John, I: x, xi, xii. 

Education, I: xii-xiii, 25. 

Edwards, Ninian, I: xiv, xxix, n. ; 
governor, xii, xxiii, n., Ixi, n. ; 
pistol drawn on, xliv, n. ; son of, 
xxxvi, n. 

Edwards, Ninian Wirt, I: xxxv, 
xxxvi, n., xliv, n. 

Edwards County, 111., Circuit Court 
sessions in, II: 16; created, I: 100; 
elections in, 101-103; Supreme 
Court sessions in, II: 52; in third 
circuit, 15. 

Edwardsville, 111., I: xiii. 

Ejectment, for disputed title to land, 
I: 155-56; exceptions to, barred, 
II: 249; for rent, 143-57; sheriffs' 
bonds for, I: 151-52; tax on writ 
of, II: 343; tenants acknowledge 
declaration for, I: 149-50; tenants 
refusing to quit, 153-55. See also 
Occupancy and Rent. 

Elections, 

to General Assembly: bribery in, 
punished, I: 165; contested, 163- 
64; judges of, 159-62; persons eli- 
gible, 166, 172-73; poll keepers' 



GENERAL INDEX 



495 



compensation, 165-66; time of 
holding, 101-102, 157-58, 166-67; 
voting viva voce, 168-70. 

Eminent domain, in Kaskaskia, II: 
393. 

Enclosures, I: 173-78. See also 
Fences. 

England, common law of, I: 48. 

Enquiry, writ of, I: 249. 

Error, writ of. See Writs. 

Escape of prisoners, II: 84, 276-78. 

Estates, 

administrators: bonded, I: 216, 
218-20, 223-24; embezzling by, 
237; responsible to courts, 220-21; 
settlement of, 221-22; sold for 
debt, 225-27. See also Dower and 
Wills. 

Estrays, animals, I: 180-91; boats, 
178-80, 183-85, 187-88; penalty for 
destroying notice, II: 425; penalty 
for violating law, I: 191-92. See 
also Trespass. 

Eviction. See Occupancy. 

Evidence, of altering marks and 
brands, I: 116; authentication of 
records for, 80-81; at coroner's in- 
quest, 97; in Justice of Peace 
court, II: 103; of marriage certifi- 
cates, 113-14; written, to jury, 249. 
See also Depositions and Practice. 

Executions, clerk's fees for, 1 : 242, 
244, 253; from General Court, II: 
252; from Justice of Peace, 83-87, 
102; officer failing to return, 377; 
real estate subject to, for debt, I: 
192-200; sheriffs' fees for, 272-73. 

Executors. See Administrators and 
executors. 

Extradition. See Courts. 

Fees, attorney-general, 1 : 265 ; at- 
torneys', 264; 

clerks: Chancery Court, 266-67; 
Circuit Court, 257-63; Common 



Pleas, 242-47, 257-63; II: 113; in 
executions, I: 268-69; General 
Court, 257-63; 

constables', 254-55, 272; cor- 
oners', 251, 272-74; judges' of 
Common Pleas, 248; jurors', 250, 
272; Justices' of the Peace, 253-54; 
recorders', 256; secretaries', 251- 
52; sheriffs', 248-50, 264, 271-74; 
surveyors', 252; II: 380; wit- 
nesses', I: 250-51, 272. 

Felony, act for limiting prosecution 
repealed, I: 129; Circuit Court 
jurisdiction, II: 17; convicts de- 
nied freedom of prison, 107; in 
coroners' cases, I: 95-97; defined, 
122-23 ; penalty for compromising 
cases of, 110; prosecutor not re- 
quired for, 313. 

Fences, partition, I: 175-78; tenants 
in dower to maintain, 135; view- 
ers' duties, 176; worm, how made, 
173-74. 

Ferries, established by Common 
Pleas Court, I: 275-76; of In- 
diana continued in Illinois Ter- 
ritory, 274-75 ; licensing of, 279- 
80; owners give bond, 276-77; 
rates for, 276, 277-78; taxes levied 
on, II: 326, 337-38. 

Field, Alexander P., I: xiii, n., xlii, 
n., 1, Iviii, n., Ixvi. 

Fields, enclosing of, I: 173-78. 

Fieri facias, writs of. See Writs. 

Fighting, penalty, II: 422. 

Fines, collection of, II: 32, 137, 162, 
167; for county use, I: 284; in 
Court of Appeals, II: 25; in Gen- 
eral Court, 32, 37; for Indian 
trade law violation, I: 312; 
jurors' liability, II: 36; by Justice 
of Peace, 73, 106; militia, 134-36, 
138, 162, 167; minors', 136; in 
Northwest Territory, I: 24; recov- 



496 



GENERAL INDEX 



erable as debt action, 115-16; re- 
mitted, II: 137, 156. See also 
Courts, Militia, specific crimes, etc. 

Firing of woods and prairies, I: 
285-86. 

Forcible entry and detainer, I: 287- 
95. 

Ford, Thomas, I: xxvi, n., xlv, n., 
Ixvii; on revised statutes, xix, 
liii, Iv-lviii, Ixi. 

Forgery, defined, I: 110-11; of land 
grants, II: 293; limitation on 
prosecution repealed, I: 129; re- 
corded deeds, II: 286; of signa- 
tures of attorneys or judges, I: 79. 

Fornication, I: 127-28. 

Forquer, George, I: xlii, n., Ixvi, n. 

Foster, William P., I: xxii, xliii, 
xlvi, n. 

Frauds, I: 295-98; II: 268-69. 

Fraudulent deeds, I: 112. 

Fraudulent pretences, obtaining 
goods by, I: 113. 

Frazer, George W., II: 399. 

"Galena alien case," I: xlv, n. 

Gallatin County, I: 281; boundary, 
98-99; court sessions, II: 16, 52, 
64; divided, I: 99-103; in third 
judicial circuit, 15. 

Gambling, II: 420-22. 

General Assembly (Illinois Terri- 
tory), I: 141; dueling opposed by, 
136; organization, 19-22; persons 
eligible to, 166, 172-73. See also 
Elections, House of Representatives 
and Legislature. 

Georgia Code adopted for: adultery, 
I: 127, 130; sheriffs, II: 378. 

Goats, estray. See Estrays. 

Governor (Illinois Territory), court 
martial ordered by, II: 165, 169; 
duelists apprehended by, I: 139- 
40; elections called by, 158-59, 



167; ferries licensed by, 280; In- 
dian affairs, power in, 301-305, 
309-312; legislature convened by, 
150; militia called by, II: 140, 170; 
militia of Edwards County or- 
ganized by, I: 101; pardons 
granted by, II: 493. 

Governor (Northwest Territory), 
appointment of, I: 17; member of 
legislature, 21; oath of office, 22; 
powers of, 18-19, 32; secretary 
may replace, 31. 

Grand Jury. See Jurors and Juries. 

Grayson, William, I: 29. 

Guardians, chosen by minors, I: 213; 
Common Pleas courts supervise, 
210-11; discharged when minors 
become of age, 215; land of 
minors administered by, 228-29; 
II: 214; money of minors loaned 
by, I: 212-13; religion of, 216; 
security to minors and orphans, 
211. 

Habeas corpus, writs of. See Writs. 

Hanging, I: 125. See also Capital 
punishment 

Hardin, Jephthah, I: xxiv, n. 

Harrison, William Henry, I: xlvii, 
n., 281. 

Highways. See Roads. 

Hogs, age to be branded, I: 117-18; 
altering of brands on, 114-15; 
penalty for killing, 116-17; tres- 
passing, II: 403-407. See also 
Estrays. 

Horses, act to improve breed, I: 
299-300; age to be branded, 117; 
altering of brands on, 114-15; 
penalty for stealing, 126-27; rac- 
ing prohibited, II: 421; taxed, 
326, 330, 332; trespassing, 403-407. 
See also Estrays. 

House of Representatives (Illinois 
Territory), Edwards County al- 



GENERAL INDEX 



497 



lowed member in, I: 101-102; 

elections to: contested, 163-64; 
special, 167-68; time of, 157-58; 

term of members, 170-71. See 
also General Assembly. 

Illinois Territory, acts of Congress 
establishing, I: 38-45; boundaries 
extended, ix, xii; capital of, 41- 
42; created, xi, 38; delegate to 
Congress, 43-44; English common 
law in, 48; 

government: form of, 38-39; 
general assembly, 44-45 ; legis- 
lative council, 43 ; 

Indiana Territory laws in, xv- 
xvii, XX, 47-48 ; laws revised, 49- 
50; Northwest Territory laws in, 
39-40; officers, 39; Pope secretary 
of, ix; road appropriation, xiii; 
suffrage, 42-43. 

Impeachment, I: 300-301. 

Indenture, legal actions on, II: 244. 
See also Practice and Servants, 
indentured. 

Indiana Territory, act on limita- 
tions repealed, I: 129; capital of, 
37; divided, 38-42; established, 
34-37; ferries continued in Illi- 
nois Territory, II: xx, 275; gen- 
eral assembly, I: 35-36; Illinois 
Territory adopts laws of, xvi-xviii, 
47-48, 168; laws codified, xvii; 
Northwest Territory laws in, xv; 
officers of, 35; suits in, after divi- 
sion, 40-41. 

Indians, rewards for killing, I: 306- 
308; sale of liquor to prohibited, 
301-303 ; trade with prohibited, 
304-305; witnesses barred, II: 247. 
See also Kaskaskia Indians and 
Militia. 

Indictments, I: 189, 313; II: 325. 

Infants. See Minors. 

Insolvency, I: 314-L8. 



Insults, action for, I: 140-41. 
Interest, II: 182-84. 
Interpreters, II: 246. 

Jails, II: 106. See also Prisons. 

Jailors, II: 276-77. 

Jefferson, Thomas, I: xli, 37, 42. 

Jeofails, statute of, II: 249. 

Johnson, John, I: xvii, 50. 

Johnson County, court sessions, II: 
16, 52, 64; in second circuit, IS. 

Jones, John Rice, I: x, xii, xvii, 50. 

Jones, Michael, I: x, xi. 

Judge Advocate. See Militia: courts 
martial. 

Judges, arrest immunity, II: 283; 
audit clerks' books, 68; Circuit, 
assigned by lot, 15-16; General 
Court, given chancery powers, 40; 
instruct juries on vice act, 426; 
territorial, not to be associated 
with United States judges, 20. 
See also Courts. 

Judgments, arrested, II: 260; bail 
and bond, 244, 272-73; on con- 
fession, 249; final, 248; non-serv- 
ice, 255; revival of, 264. See also 
Practice. 

Judiciary. See Courts. 

Jurors and Juries, compensation, I: 
250, 272; exemptions, 279; II: 37; 
in forcible entry cases, I: 292; 

grand: bystanders may be 
paneled, II: 35; duties, I: 125; 
II: 39, 415; instructed on crimes 
and punishment act, I: 126; for 
special terms of General Court, 
II: 34; summons, 38-39; vice and 
immorality law in charge of, 426; 
instructed on dueling act, I: 138; 
insults determined by, 141 ; mill- 
seats condemned by, II: 176; 
oaths in special cases, I: 291-92; 
II: 379; 

paneling: clerks' fees, I: 243-45; 



498 



GENERAL INDEX 



sheriffs' fees, 248-49; for special 
terms, II: 34-35; 

penalties, 36; qualifications, 71; 
summons, 34, 70; verdicts, defec- 
tive, 249; verdicts, staying of, 
247-49. 
Justices of the Peace. See Courts: 
Justice of the Peace. 

Kane, Charles D., I: xxxi, n. 

Kane, Elias Kent, I: xxix, xxx; 

biographical sketch, xxxi, n. 
Kane, Elizabeth K., I: xxxi, n. 
Kane, John R., I: xxxi, n. 
Kane, Louis McClane, I: xxxi, n. 
Kaskaskia, court, II: 19, 31, 50, 63. 
Kaskaskia Indians, chief, I: 304- 

305; trading prohibited, 304-305, 

309-312. 
Kent, James, I: Ix, n. 
Kentucky, laws of, I: 295-98, 303; 

II: 281. 
Kinney, William, I: xlii, n. 
Kitchell, Joseph, I: xxix. 
Kitchell, Wickliffe, I: Hi, Iviii, n. 

Land, aliens may own, I: 53; claims, 
see Occupancy; 

commissioners: for disputes, II: 
208-209; to partition, 212, 214; 

debtors' liability, see Real estate; 
inheritance of, 213-14; for reli- 
gious use, 411-12; trespass by 
cutting timber on, 408-412. See 
also Revenue and Taxation. 

Larceny, I: 108-110. 

Law suits, taxed, II: 343. 

Laws, English common, I: 48; In- 
diana Territory, xv-xviii, xx, 40, 
47-48, 129, 168, 275; Northwest 
Territory, xv-xviii, 32. 

Lee, Richard Henry, I: 33. 

Legal actions, statutory limitations, 
II: 243. 

Legal interest, II: 182-84. 



Legal settlement, II: 223-24. 

Legislature (Illinois Territory), as- 
sembled by governor, I: 164; 

council: Edwards and Gallatin 
counties represented, 102; elections, 
167-68; terms of office, 170-71; 
tries impeachments, 301 ; 

powers to change court terms, 
11: 20. See also General Assembly 
and House of Representatives. 

Levari facias, writs of, I: 194, 197, 
208. 

Limitation, 

part of act on, repealed, I: 129; 
on prosecutions for: altering 
brands, 115; challenge to boxing 
match, II: 423; challenge to duel, 
424; civil actions, 243; cock fight- 
ing, 420; overcharging by officers, 
I: 258-59; recovering gambling 
losses, 422; treason, 125. 

Linder, Usher F., I: xxv, n., xliv, 
n., xlvii, n. 

Liquor, 

sales: fines for, II: 389; licenses 
for, 387; to minors, 388; to slaves, 
387. See also Taverns. 

Lockwood, Samuel D., I: xxix, n. 
li, n., Ivi, Ixi, n., Ixiv, Ixxiii, n. 
biographical sketch, xlvii, n. ; char 
acferized, xliv-xlvi; judge, xxii 
xxvi, xliii, xlix, n. ; revises sta 
futes, lii-liv, Ixiii, Ixxi; writes 
court opinion, xxiii, n. 

Logan, Stephen T., I: Ixviii, Ixix. 

Lottery, penalty, II: 426. 

Louisiana Territory, I: 303. 

Lyon, Matthew, I: xi. 

McConnel, Murray, I: Ixvi, n. 
McDonough, Polly, I: xliii, n. 
McLaughlin, Robert K., I: Iviii, n. 
McLean, John, I: xv, Iviii, n. 
McRoberts, Samuel, I: 1-liii, Iviii, n. 
Madison, James, I: xxv, n., xli, 45. 



GENERAL INDEX 



499 



Madison County, I: 98-99; II: 15-16, 
65. 

Maiming or disfiguring, I: 118-19. 

Manslaughter, I: 105-106. 

Marks and brands, I: 114-18. 

Marriages, banns, II: 112-13, 425; 
certificates, 113-14; forcible, I: 
123-24. 

Married women, legal settlement, II: 
224. 

Marshall, John, II: 399. 

Masters. See Servants, indentured. 

Matheny, Charles R., I: xxii, xxxii, 
n. 

May, William L., I: Hi. 

Mayhem, I: 118-19. 

Mears, William, I: xxxii, n., Iviii, n. 

Measures, weights and, II: 427-28. 

Merchants, II: 336-37, 345. 

Michigan Territory, I: xvi, 303. 

Military service. See Militia. 

Militia, accoutrements, II: 115-16, 
118-19, 123, 138, 144, 162; 

Adjutant General: appointment, 
162; compensation, 164; duties, 
124, 125, n., 127, n., 132, 143, 162- 
64, 168; 

arrest immunity, 284; articles 
governing, 147, 159; brigade gen- 
erals, 160; brigade inspectors, 125, 
143, 162; brigade inspectors and 
majors excused from certain mus- 
ters, 162; 

captains' duties: 115, 126, 142; 
to class company, 127-28 ; to requi- 
sition men, 150; 

classed for draft, 142; county 
commanders, 145 ; Courts of En- 
quiry, 133, 137, 145; 

courts martial: arrested men dis- 
barred from duty, 154; certificate 
of exemption granted, 169; de- 
fendants' rights, 155; governor 
may convene, 168; judges advo- 
cate, 137, 151, 153, 168; jurisdic- 



tion, 150, 154, 156, 165-66; or- 
ganization, 150; procedure, 150-53, 
169; service mandatory, 154, 167- 
68; 

desertion, 149, 169; districts, 
121-22; draft, 165; draft evaders, 
166-71; Edwards County organ- 
ization, I: 101; field ofiicers, II: 
143; 

fines: 137-38, 157-62; company, 
160-62; from minors, 136; 

governed by army rules, 158; 
governor may call, 140, 142; im- 
pressment of property, 145-46; im- 
prisonment without trial, 151; 
malingerers, 166-71; musters, 128- 
32; 

ofiicers: accoutrements, 116, 119; 
appointment, 160; designated, 117; 
eligible for legislature, I: 172; 
enroll men, II: 115; impose fines, 
161; in invasions, 146; liable for 
unbecoming conduct, 156; oath, 
122; pardoning power, 156; quali- 
fications, 122; rank by priority, 
123; residence requirements, 160; 
staffed for draft classes, 141; terms 
of service, 142; training require- 
ments, 126; 

organization of, 117-18, 131, 141; 
parade hours, 157; 

penalty for: delinquents, 131-32, 
134-35, 159, 166; insults by by- 
standers, 139; refusal to become 
warrant officer, 127; 

provost martial duties in cer- 
tain cases, 137, 153; punishment 
for officers, 147-50; regimental 
staff appointments, 160; returns 
132; riflemen authorized, 119-20, 
170; rules of discipline, 158; ser- 
geants' appointments, 126-27; 

service: call for, 159; exemp 
fions from, I: 279; II: 116, 139, 



500 



GENERAL INDEX 



142-43, 169; liability for, 114; 
minors' liability, 136; when resi- 
dence is changed, 128 ; 

South Carolina act adopted, 160; 
substitutes, 143 ; suits for damages 
caused by act, 146; volunteer com- 
panies, 119-20. 

Millar, Robert W., I: Ixxiii. 

Milledge, John, I: 42. 

Mills, Benjamin, I: Ixvi, n. 

Mills, charges, II: 171-73, 179; 
liability for stored grain, 173-74; 
sites: application for, 174, 177; 
damages from, 177, 179; eminent 
domain for, 175 ; grantees' liabil- 
ity, 178, 180; illegal construction, 
181; 

weights and measures, 180. 

Ministers of gospel, land rights, II: 
411. 

Minors, 

guardians: appointment of, I: 
213; courts supervise, II: 210-11; 
discharged, I: 215; in land par- 
titions, II: 214; land sales by, I 
228-29; money loaned by, 212-13 
religion, 216; security from, 211 
liquor sales to, II: 338; of ser 
vants, indentured, 189-90, 195 
vagrant, 413. 

Minshall, William A., I: Ixvi, n. 

Money, interest on, II: 182-84. 

Moore, Risdon, I: xxix. 

Morrison, Robert, I: xi. 

Morrison, William, I: x-xii, xxxii, n. 

Mortgages, foreclosure, I: 195-99, 
208; II: 264; recording fees, I: 
256; release of, II: 287. 

Muhlenberg, Frederick A., I: 31. 

Mulatt'oes. See Negroes and Mulat- 
toes. 

Murder, indictments, I: 313; penalty, 
105; petit treason punished as, 
119-20. 



Ne exeat, writs of, II: 17, 49. 

Negroes and mulattoes, defined, II: 
247; 

free: excluded from territory, 
192; liabilities, 94; must register, 
93, 95; 

indentures authorized, 190-91, 
195; migration prohibited, 185-90, 
192-95; runaways harbored by, 
94; sale of service, I: 202-203; 
as witnesses, II: 247. See also 
Apprentices and Servants, inden- 
tured. 

Non-residents, bond to begin suit, 
II: 265, 267. 

Non-support, of wife or family, II: 
235-36. 

Northwest Territory, capital, I: 37; 
divided, 15, 34-37; education in, 
25; estates of intestates in, 15-17; 
general assembly, 19-22; governor 
of, 17-19, 21-22, 30, 32; to be in- 
alienable, 25-26; judges, 17-18, 22, 
32-33; judicial proceedings in, 24; 
laws of: in Illinois Territory, 
39-40; in Indiana Territory, xv, 
xvii-xviii ; to be printed, 32; 

religious liberty in, 23-24; secre- 
tary of, 17, 22, 31, 33; slavery pro- 
hibited, 28 ; states to be formed 
from, 27-28. 

Notary public, bond required, II: 
197; commissioned by governor, 
195-96. 

Notes, denied on oath, II: 260; 
promissory, made negotiable, I: 
62-64. 

Oaths, appraisers', I: 144-45; II: 
350; attorneys', I: 73, 76-77; au- 
ditors', II: 295; cases in which 
required, 198, 242; constables', I: 
89-92; debtors', 315-16; deputy at- 
torney generals', 140; election 



GENERAL INDEX 



501 



judges', 161 ; fee for administering, 
246, 254; interpreters', II: 246; 
jurors', I: 94-95; II: 379; mem- 
bers' of court martial, 151-53; 
militia officers', 123 ; Northwest 
Territory officers', I: 22; office 
holders', II: 198-99; poor over- 
seers', 216; to suppress dueling, 
I: 138; Supreme Court clerk ad- 
ministers, in certain cases, II: 200- 
202; surveyors', 380; tax collec- 
tors', 331-32; taxable property 
owners', 327; witnesses', I: 96. 

Occupancy, act adopted from Ken- 
tucky Code, II: 203-210; bond for 
improvements, 205-208; commis- 
sioners' duties, 208 ; evicted per- 
sons not liable, 204; improvements 
appraised, 204, 206-207; precept 
in case of suit, 210; proof of title, 
209. 

Officers, civil, oath against dueling, 
I: 137-38; oath of office, II: 199- 
200; 

penalty for: detaining money, 
53-54; overcharging, I: 258-59. See 
also specific officers. 

Ohio, I: 303. 

Ohio River, 1:282. 

Oldham, Henry, II: 399. 

Ordinance of 1787, I: xvi, 15-29. 

OrendorflF, Alfred, I: xiv, n., xv, n. 

Orphans, 

guardians: courts supervise, I: 
210; religion, 216; security to, 
211. See also Minors. 

Palmyra, I: 100. 

Pardon, power of governor, II: 211. 
Parents' rights, I: 110, 112-13. 
Pell, Gilbert T., I: Hi. 
Penal law. See Crimes and punish- 
ments and specific crimes. 
Perjuries, frauds and, I: 295-98; II: 



198, 269; limitation on, repealed, 
I: 129. 

Petit treason, treated as murder, I: 
119-20. See also Treason. 

Philips, Joseph, I : xxiv, n., xxix, n. ; 
biographical sketch, xxviii, n. ; 
chief justice, xxvi, xliii; pro- 
slavery leader, xliv, n. 

Pillory, 

penalty for: altering brands, I: 
115; assisting in prison escapes, 
II: 277; forgery, I: 111; forgery 
of certificate by indentured ser- 
vants, II: 369. 

Pleas, abatement, II: 242; debt, 245; 
non est factum, 242; procedure, 
259. See also Practice. 

Poor, certificate for removal of, II: 
225; farmers of, 217-18; harboring 
non-resident, 230-31; judgments 
for undue removal, 229; 

overseers: accounts required, 
219; appointment, 215; bequests 
to, 222; compensation, 220; duties, 
216-18, 221, 235-36; fines received 
by, 367, 386, 411; immigrants re- 
turned by, 227; incorporated, 222; 
liabilities, 220-21, 232-33, 238; may 
appeal to courts, 220, 235; qualifi- 
cations, 215 ; 

relatives' liability, 235; settle- 
ment requirements, 224-27. 

Pope, John (Major General), I: ix. 

Pope, John (Senator), I: ix, xii. 

Pope, Nathaniel, I: xvii, xxvi-xxvii, 
xxxiv; authorized to revise laws, 
xviii, xix, xx-xxi, xxxiii-xxxiv, 
Ixx, Ixxii; biographical sketch, ix- 
XV ; in Congress, xii. 

Poplar trees, trespass by cutting, 
11:408-412. 

Pound, for estrays, I: 189-91. 

Practice, acts regulating, II: 240-56, 
265-67; in civil cases, 256-62; 



502 



GENERAL INDEX 



concerning certiorari, 263 ; in 
debtor actions, 270-74; in equity 
cases, 239; evidence, rules for, 
260; in fraud cases, 268-69; non- 
suits, 246; pleas, 242. See also 
Pleas. 

Prairies, firing of, I: 285-86. 

Prickett, Abraham, I: xxix. 

Prisoners, for debt, II: 374; jailors' 
liability for escapes, 277. See also 
Debt. 

Prisons, bounds, II: 280; county 
courts supervise, 106-107; Ken- 
tucky Code adopted for, 281; 
penalty for aiding escape from, 
276. 

Privilege from arrest, II: 282-85. 

Promissory notes. See Notes. 

Prothonotaries, I: 80-81. 

Provost Martial. See Militia: courts 
martial. 

Public notices, penalty for destroy- 
ing, II: 425. 

Pugh, , I : Hi. 



Quakers and Dunkards, exempted 
from militia, I: 141-43; oaths not 
required of, II: 197-99. 

Qui tarn, 

actions for: estrays, I: 189; tres- 
pass, II: 408-411. 

Raffling, penalty for, II: 426. 

Randolph County (Illinois), boun- 
daries, I: 98; 

courts: xii; Circuit, II: 16; 
County, 64; General, 31; Supreme, 
52-59; terms, 57; 

created, I: x; ferry established, 
282; recorder, II: 293; in second 
judicial circuit, 15; sheriff's duties, 
38. 

Randolph County (Indiana Terri- 
tory), I: ix, X, 



Rangers. See Militia. 

Rape, I: 120. 

Real estate, 

sales: for debt, sheriffs' duty, I: 
193-95, 198-201, 203-207; by mort- 
gagors, 195-99, 208. 

Recognizance. See Bail and Courts. 

Recorders. See County recorder. 

Records, authentication of, I: 80-81; 
of courts, kept by clerks, 263 ; of 
wills, declared good conveyances. 
229-30. 

Red oak trees, trespass by cutting, 
11:408-412. 

Rent, distraining goods and chattels 
for, I: 143-48, 156-57; ejectments 
for, 149-57; tenants' liability in 
ejectment, 149-50; tenants refusing 
to quit, 153-55. 

Replevin, actions, II: 242; bonds, I: 
151-52, 200-202. 

Representatives. See House of Rep- 
resentatives. 

Residence, II: 223-24. 

Restitution, writs of, I: 292-94. 

Revenue, billiard tables taxed for, 
II: 314; County courts' authority 
over, 324-25; county levies for. 
326-44, 344-46; land tax for, 299- 
311; legal actions subject to taxa- 
tion for, 343-44; merchandising li- 
censes, 336; 

officers: county treasurers and 
collectors created, 318-22; liabil- 
ities, 340; state auditor and treas- 
urer created, 294-98; 

relief for delinquents, 296, 323; 
repeals of act for, 312-13, 315-18. 
See also Taxation. 

Reynolds, John, I: xxix, n., xxxii, n., 
Iviii, n., Ix, n. ; chairman House of 
Representatives, Hi; characterized, 
xxiii, xxiv, n., xxv-xxviii; digests 
laws, xxx-xxxi, xl, I; governor, 
Ixv-lxvi; judge, xHH; moves law 



GENERAL INDEX 



503 



revision, li; opinion of dlt^ost, 
xxxiii; proposes penitentiary, xli; 
proslavery leader, xliv, n. 

Reynolds, Thomas, I: xxxii, n., xlvi, 
n., Iviii, n. ; biographical sketch, 
xliii, n. ; chief justice, xxvi; pro- 
slavery leader, xliv, n. ; revises 
laws, 1, Hi. 

Reynolds, William L., I: xliii, n. 

Riflemen, mounted. See Militia. 

Riots, I: 106-108. 

Riparian rights for millsites. See 
Mills. 

Roads, act for, amended, II: 362-64; 
bridges, 358; for carts, 358; 
changed, 352, 359; compulsory 
work on, 354-55, 363; damage, re- 
course for, 349; discontinued, 353; 
eminent domain for, 359; 

establishment: liability of ob- 
jectors, 351; process, 347-48; 

gates, 359; legal width, 349, 359; 
maintenance, 354-55, 359, 363; ob- 
structions on, 359, 361; opening 
and regulating, 346-62; 

penalty for: defacing signposts, 
360; stopping drain, 356; 

supervisors: appointment, 355; 
authority over convicts, 424-25 ; 
compensation, 361; duties, 354-55, 
360-61; liability for negligence, 
362; right to cut timber on private 
land, 357; Sabbath violation and 
cursers, 416, 419-20; 

workers' begging prohibited, 357. 

Roberts, Thomas, I: xxix. 

Sabbath violators, II: 416. 
St. Clair County (Illinois Territory), 
boundaries, I: 98; 

courts: Circuit, II: 16; County, 
65; Supreme, 52; 

established, I: x; in first judi- 
cial circuit, II: 15. 



St. Clair County (Indiana Terri- 
tory), I: X. 

Saint Vincennes, I: 37; II: 312. 

Ste. Genevieve, I: ix. 

Salt mines, II: 190. 

Sawyer, John York, I: 1, liii. 

Scire facias, writs of. See Writs. 

Seal, fees for affixing, I: 252; legal, 
II: 247. 

Secretary, Illinois Territory, I: 162, 
251-52; Northwest Territory, 17, 
22, 31, 33. 

Securities, debtors and, II: 270-74. 

Sedgwick, Theodore, I: 37. 

Seizin, writs of, I: 134. 

Servants, indentured, assembly pro- 
hibited, II: 370-72; certificates of 
freedom, 368; children of, 189-90; 
contracts with, void, 366; liens on, 
I: 202-203; liquor sales by, to In- 
dians, 310-312; liquor sales to, II: 
387; masters' obligations, 364-67; 
negroes and mulattoes as, 185-90; 
owned by negroes, mulattoes, and 
Indians, 367; passes for, 369; 
property of, 366; punishment, I: 
112-13, 286; II: 365, 368; redress 
of, 366; registration of, 187; resi- 
dence requirements, 224; runaway, 
368-70; sale of, 365; salt mine 
work, 190-91; taxation, 326, 330, 
332; trade with, prohibited, 367. 

Service, convicted persons sold to, 
I: 125-26; penalty for mayhem, 
119. 5"^^ a/jo Servants, indentured. 

Shawneetown [Shawanoe Town], 
cemetery, II: 402; collector, 400; 
established, 398; ferry, I: 281-82; 
land office, II: 312; trustees, 399, 
401-402. 

Sheep, trespassing, II: 403-407. See 
also Estrays. 

Sheriffs, account's audited, II: 338; 
administrators' sales, I: 227; ar- 
rest immunity, 75; II: 283; bail, 



504 



GENERAL INDEX 



384; 



109, 
198- 



258-59; barred from law practice, 
I: 76; 

bonds required: II: 373; for 
capias ad satisfaciendum, I: 201- 
202; in tax sales, II: 305; 

collect: court fees, I: 259-61, 267; 
fee bills, II: 266; militia exemption 
fees, I: 142; survey accounts, 383; 

compensation of: 248-50, 264, 
272-74; II: 346; for court martial, 
168; from poundage fees, I: 261- 
62; for survey accounts, II; 
for tax collections, 331; 

convicts indentured by, I 
125-26; debt actions, 193-95 
99, 203-207, 316, 375-77; deputies 
appointed by, II: 332; 

duties: 257, 320, 373, 378-79; 
ad quod damnum, 175-76; attach- 
ment, I: 67, 69-71; ejectment, 153- 
55; estrays, 184-86; forcible entry 
and detainer, 288, 292; juries sum- 
moned, II: 34, 70, 175; rent dis- 
traints, 144-47, 151-52; special 
court sessions, 34-35, 38; as treas- 
urer, 69, 318, 324; in trespass, 406; 
widows' dowers, I: 134; 

elections conducted by, 102-103, 
159-62, 166, 169; executions re- 
ceived, 268-69; II: 374; ferry 
owners' bonds to, I: 276-77; 
Georgia Code adopted for, II: 
378-79; Indian trade law enforced 
by, I: 312; 

liability: in bail cases, II: 258; 
as collector, 167, 304, 338-39, 384; 
for contempt, 32; in debt and 
chancery cases, 375-77; for neglect 
of duty, 35; for writ services, 
28-29, 374; 

offices: established, 372-73; lo- 
cated at sear of justice, 60-61; 

prison: escapes, liability for, 
84; rations, 279-80; records, 278; 

riots quelled by, I: 106-108; 



sales postponed, II: 378; tax sales, 
302-304; taxable property listed 
by, 300-301, 308, 316, 326-32, 345; 
taxes collected by, 314-15, 317; 
vagrants whipped by, 414; writs 
against, I: 93. 

Signposts. See Roads. 

Slander, cases without costs, II: 
250; fare for prisoners, 279; 
statute of limitations, 243. 

Slaves, emancipation bond, II: 188; 
fugitive, punishment for harbor- 
ing, 194; indentured, as servants, 
186, 189, 191; liquor sold to, 387, 
389; penalty for trading with In- 
dians, I: 310-12; prohibited in 
Northwest Territory, 28; taxation, 
II: 326, 330, 332. 

SIoo, Thomas, Jr., I: xlii, n. 

Smith, Theophilus W., biographical 
sketch, I: xliv, n. ; characterized, 
xxvii, n., xxix, n., xlv, n., xlvii, 
n., Ixiii ; election, xliii, xlviii, n. ; 
personal views, xlix, n., Ix, n., Ixi, 
n. ; as politician, xxvi ; revises 
statutes, xlii, n., lii-liii; writes 
court opinion, xxiii, n. 

Snyder, Adam W., I: Ixvi, n. 

Sodomy, I: 121. 

Solicitor General, I: 128. 

Squatter rights. See Occupancy. 

Starr, Henry, I: liv-lv. 

Stealing women, I: 123-24. 

Steuben, Baron von, II: 158. 

Stevenson, Benjamin, I: xlvii, n. 

Stewart, Alphonso, I: xlvii, n. 

Stocks, used to punish certain of- 
fences, II: 426. 

Street, Joseph M., II: 399. 

Streets, vacating forbidden, II: 354. 

Strode, James M., I: Ixvi, n. 

Stuart, John T., I: Ixvi, n. 

Subpoenas, from Chancery Courts, 
II: 42; Common Pleas Courts, 26- 
27, 243; General Courts, 243. 



GENERAL INDEX 



505 



Suffrage, I: 42-45. See also Elections. 

Sugar trees, trespass by cutting, II: 
408-412. 

Sunday observance, II: 416. 

Supersedeas, II : 252. 

Supervisors. See Roads. 

Supreme Court. See Courts: Supreme. 

Survey plat, compensation for, II: 
383. 

Surveyors, county, accounts collected 
by sheriff, II: 383; appoint depu- 
ties, 380-81; chain-carriers, 381; 
compensation of, I: 252; II: 380- 
83; eligible to legislature, I: 172- 
73; liability for taking bribe, II: 
381; roads established by, 349, 363. 

Swearing, penalty for, II: 417. 

Swindling, penalty for, I: 113. See 
also Frauds. 

Taverns, good accommodations re- 
quired in, II: 386; liquor sales in, 
restricted, 387-89; penalty for un- 
licensed operation, 385-87; rates, 
390. 
Taxation, amounts paid to be posted, 
II: 321; assessment by sheriff, 345; 

assessors: appointed by Court of 
Common Pleas, 334; appointment 
act repealed, 345; duties, 334; 

auditors' duties, 312; "blank cer- 
tificates," 322; county commis- 
sioners' duties, 308, 317; county 
levies, 345 ; double, prohibited, 
309; fraud prosecutions, 300, 313, 
327-29; 

land: act published, 305; con- 
veyance bond liable, 309; for- 
feited for, 323; liens, 300; lists 
filed, 300-301, 318; 

penalties for delinquents, 299-300, 
302, 313, 320, 341; poll tax, 332, 
342; property lists required, 329; 
property subject to, 326; proprie- 
tors of common fields, I: 84; rates, 



II: 316, 321, 332; sales for, to 
territory, 303 ; sheriffs' duties, 303- 
304, 317, 326; territorial accounts 
receivable for, 315. See also Au- 
ditors: duties. 

Tax-sales, of land outside county, 
II: 309; procedure, 341; pur- 
chasers' liability for taxes, 311; 
redemption, 305, 311; sheriffs' 
duty in, 303-304. 

Tenants, crops and stock seized for 
rent, I: 148-49; declaration in 
ejectment acknowledged by, 149- 
50; disputing title to land, 155-56; 
in dower, 135; goods sold for rent, 
144-48; refusing to quit, 153-55. 

Thomas, Jesse B., I: xxv, n., xxxii, 
n., xlv, n. 

Thompson, Charles, I: 29. 

Timber, trespass by cutting, II: 408- 
412. 

Towns, bond required for establish- 
ment of, II: 397; Shawneetown 
established, 398-402; trustees, 395- 
96. See also names of specific 
towns. 

Townships, establishment of, II: 391. 

Traitors, II: 107. 

Treason, arrest privilege not al- 
lowed, II: 284; Circuit Court 
jurisdiction, 17; defined, I: 104- 
105; petit, treated as murder, 119- 
20; prosecutor unnecessary, 313. 

Treasurers, common fields, I: 84, 87. 

Treasurers, county. See County 
Treasurers. 

Treasurers, territorial, appointment, 
II: 297; county claims paid by, 
309; duties, 297-98, 306. 

Treat, Samuel Hubbel, I: Ixix. 

Trees, II: 408-412. 

Trespass, action of, to recover goods 
distrained for rent, I: 146; by ani- 
mals, II: 403-407; by cutting of 
timber, 408-412; form of indict- 



506 



GENERAL INDEX 



ment, I: 313; statute of limitations, 

II: 243; vi ct armis, 250. See also 

Estrays. 
Trumbull, Jonathan, I: 33. 
Tunkers. See Dunkards and 

Quakers. 
Turney, John, I: Hi. 

UndersheriflFs. See Sheriffs. 
Unlawful assemblies, I: 106-108. 
Usurpation of office, I: 111. 
Usury, II: 183. 

Vagrants, duty of Justice of Peace 
toward, II: 415; minors appren- 
ticed, 413; security for good be- 
havior, 74, 413-14; wages, 414. 

Varnum, J. B., I: 42. 

Venditioni exponas, writ of, I: 193; 
II: 375. 

Verdicts, coroner's jury, I: 97; 
forcible entry and detainer, 291- 
92. See also Courts and Jurors 
and Juries. 

Vice and immorality, defined, II : 
416-24; prosecution of, 424-26. 

Vincennes, capital Indiana Territory, 
I: 37; land office, II: 312. 

Warrants, issued by Justice of Peace, 

II: 73, 75-76; service procedure, 

77-79. 
Washington, George, I: 31, 33. 
Weights and measures, II: 427-28. 

See also Mills. 
Whipping, 

indentured servants: for absence, 

I: 126; for assembling, II: 371-72; 

for misbehavior, I: 112-13; II: 

365, 368; for traveling without 

pass, 369-70; 

negro immigrants subject to, 

192, 194; 
penalty for: altering marks and 



brands, I: 115; firing woods and 
prairies, 286; helping in prison 
breaks, II: 276-77; larceny, I: 109; 
rioting, 108; slaves trading with 
Indians, 310-12; sodomy, 121; 
trading with indentured servants, 
II: 368; vagrancy, 414. 

White oak and white wood trees, 
trespass by cutting, II: 408-412. 

Wild cherry trees, trespass by cut- 
ting, II: 408-412. 

Wills, in court of Common Pleas, 
I: 209-210, 216-17; fees for prov- 
ing, 247; nuncupative, 232-33; 
redress when disproved, 231; 
written, good conveyances, 229-31. 

Wilson, Alexander, I: 281, 282. 

Wilson, William, I: xxii, xxix, n., 
xlix, n. ; biographical sketch, xlvi, 
n. ; characterized, xliv-xlvii; chief 
justice, xxiii, liii; judge, xxvii, n., 
xliii, Ixi, n. 

Witnesses, court martial, II: 151; 
depositions, I: 130; fees, 250-51, 
272; negro, mulatto and Indian 
barred, 11:247; 

non-attendance in Justice of 
Peace court: excuses, 93-94; fines, 
105; 

summons: by Court of Common 
Pleas, I: 249; by Justice of Peace 
in criminal cases, II: 97-98; pun- 
ishment for ignoring, 93-94, 105. 

Women, stealing of, I: 123-24. 

Woods, firing of, I: 285-86. 

Words of insult, I: 140-41. 

Writs, ad quod damnum, II: 175-77; 
capias ad respondendum, I: 70-71; 
II: 77-78, 254, 257; capias ad 
satisfaciendum, I: 201; II: 239, 
377; certiorari, I: 56, 242, 245, 
248, 293; II: 40, 263; ejectment, 
343; enquiry, I: 249; error, 242, 
248; II: xxi, 40, 59, 250-53; see 



GENERAL INDEX 



507 



also Appeal; execution, see Execu- 
tions; fieri facias, I: 71, 200, 205, 
208; II: 239, 378; habeas corpus, 
I: 24, 242-43, 245, 248; II: 17, 
258, 285; levari facias, I: 194, 
197, 208; ne exeat, II: 17, 49; 
remedial, 40; restitution, I: 292- 
94; scire facias, 61, 196-97, 217, 



249, 253, 316; II: 255, 410; seizin, 
I: 134; style of, II: 27, 32; 
■venditioni exponas, I: 193; II: 375. 

Yellow locust and oak trees, tres- 
pass by cutting, II: 408-412. 

Young, Richard M., I: xlv, n., 1, 
liii-hx.