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 0

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.