LIBRA RY OF THL U N I VERSITY or 1 LLl NOIS 345.12 In2s 1809-1816 cop. 2 lUlNCi ly ' ^\^^ OUxsi^ INDIANA HISTORICAL COLLECTIONS Volume XX THE LAWS OF INDIANA TERRITORY 1809-1816 INDIANA HISTORICAL COLLECTIONS I-II. Constitution Making in Indiana (Volumes I and II), by Charles Kettlebo rough. (The Introduction, covering the period from 1816 to 1916, was reprinted separately.) in. Indiana as Seen by Early Travelers, by Harlow Lindley IV. The Play Party in Indiana, by Leah Jackson Wolford V. The Indiana Centennial — 1916 VI. Gold Star Honor Roll VII. Messages and Letters of William Henry Harrison (Volume I, Go\'ERNORS Messages and Letters), edited by Logan Esarey VIII. War Purse of Indiana, by Walter Greenough IX. Messages and Letters of William Henry Harrison (Volume II, Governors Messages and Letters), edited by Logan Esarey X. A Sergeiant's Diary, by Elmer F. Straub (Out of Print) XI. George W. Julian, by Grace Julian Clarke (Out of Print) XII. Messages and Letters of Jennings, Boon and Hen- dricks (Volume III, Governors Messages and Lehters), edited by Logan Esarey XIII. Swiss Settlement of Switzerland County, Indiana, by Perret Dufour XIV. William Henry Harrison, by Dorothy Burne Goebel XV. Fort Wayne, Gateway of the West, 1802-1813, edited by Bert J. Griswold XVI. A Bibliography ok the Laws of Indiana, 1788-1927, by John G. Rauch and Nellie C. Armstrong XVII. Constitution Making in Indiana (Volume III), by Charles Kottleborough XVIII. Indiana Book of Merit, compiled by Harry A. Rider XIX. Indiana Boundaries. Territory, State, and County, by George Pence and Nellie C. Armstrong STATE DEPARTMENT OF EDUCATION Floyd I. McMurray, Superintendent INDIANA LIBRARY AND HISTORICAL BOARD William P. Bearing, President William M. Taylor, Vice-President Mrs. William R. Davidson, Secretary Mrs. Frank J. Sheehan Charles N. Thompson HISTORICAL BUREAU Christopher B. Coleman, Director Nellie C. Armstrong, Editor THE LAWS OF INDIANA TERRITORY 1809-1816 Edited By LOUIS B. EWBANK and DOROTHY L. RIKER With a Foreword By GOVERNOR PAUL V. McNUTT Published by the INDIANA HISTORICAL BUREAU Indianapolis 1934 Copyright, 1934 BY THB Indiana Historical Bureau State Department of Education INDIANAPOLIS: WM. B. ■UmPOBD pmiNTING CO.. CONTRACTOR fOR STATE PRINTING AND BINDING FOREWORD C^ THIS volume completes the modem reprinting of the legislation enacted by the territorial governments under whose jurisdiction the area now comprising the state of Indiana belonged. The publication of the Laws of Indiana Territory, 1801-1809, with an introduc- tion by Professor Francis S. Philbrick, and of the Laws of the Northwest Territory, 1788-1800, with an introduc- tion by Theodore C. Pease, and permission for the Indiana Historical Bureau to reprint the former with supplemen- tary material, we owe to the Illinois State Historical Li- brary. The original issues of all these laws are exces- sively rare, and earlier partial reprints, also, are scarce. It is obviously desirable that this complete body of laws should be easily available to lawyers and historians, and it is significant that while these volumes are being pub- lished by the states, the federal government, through the Department of State, has been preparing a systematic col- lection of the papers of the territories, beginning with the Northwest Territory, and to include a volume on Indiana Territory. There will be assembled, shortly, therefore, a great mass of basic material for the under- standing of our pioneer era. I hope that in the course of their investigations our historians will throw light upon long-standing problems in connection with early legislation. How far were these territorial laws the expression of local public opinion? How far did they attempt to change established stand- ards of conduct and customs in process of formation? How was this legislation enforced, and how generally were the laws observed? What function did territorial legislation fulfill in the development of this new country? Answers to such questions will be of interest, not only to historians, but to the men in public life who deal with the vastly complicated problems of present-day legislation and administration. viii INDIANA HISTORICAL COLLECTIONS The territorial assemblies, in size, more nearly resem- bled our present committees than our Senate and House of Representatives with their fifty and one hundred mem- bers respectively. In the old territorial Legislative Hall at Vincennes, recently restored, the Council table with one long side for the presiding officer and three short sides for the other members of the Council, is eloquent of the intimacy of territorial legislation. The problems of legislators vary from period to period, from year to year. In the period covered by this volume the assemblies had to set up county governments and organize these and lesser local units of government; they had to establish and reorganize courts ; they had to extend a very limited governmental control and a very limited legal procedure over a sparse and widely scattered popu- lation suffering from great difficulty of communication. They were concerned with the elemental physical needs of a newly occupied region : attraction of immigration, roads, navigation of streams, ferries, gristmills, armed defense against Indians, extennination of predatory animals. Yet some advance may be noticed in these years as compared with the first ten years of territorial legislation. The assemblies were now looking forward to statehood; preparation for it, and efforts to hasten it, received much attention. The institution of a more settled civilization became the object of consideration. In the laws and memorials we see the incorporation of churches, of the Vincennes Library, the Vevay Literaiy Society, semina- ries, provision for care of the insane, and for inspection of food such as beef, pork, and flour. I believe, also, that county records show a quicker and more general knowl- edge of legislation enacted than in the first decade, though there were still many in.stances of belated receipt of in- formation by county oflicers. Infinite changes have come in the hundred and more years since the laws reprinted in this volume were enacted. Our legal system covers a multitude of fields FOREWORD ix that lay far beyond the horizon of even the later terri- torial years. Geographical extension of government has given place to extension of powers and control necessi- tated by the impact of a mechanistic civilization. Sim- plification, unification, and consolidation are now domi- nant issues. In spite of differences, the relation of territorial legis- lation to lawmaking in subsequent times cannot be ig- nored. The territorial laws continued in force under statehood unless, or until, repealed by the state constitu- tion or later legislation. Even after practically all had been superseded their influence persisted, as Judge Ewbank has shown, in subsequent laws and administra- tion. Fundamentally, the wants of the citizen of 1809- 1816 were not unlike those of the citizen of 1934 — a chance for betterment by education, inmiediate justice in the courts, a reasonable care for his physical well-being, and economic opportunity. Paul V. McNutt Executive Department State of Indiana June 25, 1934 PREFACE IN this volume is reprinted the legislation of the General Assembly of Indiana Territory during the period from March 1, 1809, the date of the separation of the western part of the territory and its creation into Illinois Territory, to the first Monday of August (August 5), 1816, when members of the first General Assembly of the state of Indiana were elected as prescribed by the constitution adopted on June 29, 1816. The session laws are reprinted from original editions in the Indiana State Library, supplemented by the col- lection owned by John G. Ranch, and by the collection of the library of the Indiana Supreme Court. No attempt has been made to duplicate the exact fonts of type used, such typographical errors as inverted type, or termina- tion of lines. The printed session laws have been col- lated with the enrolled acts in the office of the Secretary of State and in the possession of the Indiana Historical Society ; except that enrolled copies of chapters 52 and 55 of the 1810 session, chapters 1-5, 7-9, 11, 13-14, 17-21, 23-30, 32-34, 36-40, and 42-43 of the 1811 session, and chapter 9 of the 1813 session have not been found. Private acts which were printed in the session laws by title only have been printed as Appendix I from the en- rolled acts in the office of the Secretary of State. The act incorporating the Roman Catholic Church in Vin- cennes, which was missing in the files of the Secretary of State, is printed from a photostatic copy of the en- rolled act which is now in a private collection. Memorials and joint resolutions of significance passed by the General Assembly have been collected from vari- ous sources and printed as Appendix II. In a few in- stances no copies of resolutions and memorials could be found ; these are printed by title only. The effort has been made in the reprinting of the laws and in the appendixes of private laws, memorials, and (xi) xii INDIANA HISTORICAL COLLECTIONS resolutions to give as complete a record as possible of the official acts of the territorial assemblies for the period March 1, 1809-August 5, 1816. The roster of territorial and county officials published in Laws of Indiana Territory, 1801-1809, edited by Francis S. Philbrick as a volume of the Illinois Historical Collections, and reprinted by the Historical Bureau with supplementary Indiana material, has been carried on to 1816 in this volume. For the sake of having in one place a complete roster for the territorial period, 1800-1816, parts of the list already printed have been included here, with some additions and revisions made possible by the discovery of new material. The Historical Bureau is indebted to Miss Esther U. McNitt, chief of the division of Indiana history and archives, Indiana State Library, to Dr. J. Franklin Jameson, chief of the division of manuscripts, Library of Congress, to J. Frank Mayr, secretary of state, and Miss Clara Schmok, his executive assistant, for making available the session laws and manuscript material repro- duced in this volume. To Dr. Charles Kettleborough, director of the Legislative Bureau, we are indebted both for suggestions and information on matters of legislative procedure. Dr. Clarence E. Carter, editor of the terri- torial papers in the Department of State, Washington, has put the Historical Bureau under great obligation: his familiarity with the period and subject of this volume, his untiring thoroughness in answering questions, and his generosity in giving use of his unpublished compilation have been of the greatest assistance. The county clerks to whom application was made have been uniformly help- ful and have spared no pains in making their records available. To Harlow Lindley, secretary and librarian of the Ohio State Archaeological and Historical Society we are indebted for references to a number of Ohio news- papers. Christopher B. Coleman, Director of th^ Historical Bureau CONTENTS Review of Legislation Acts of Assembly of the Indiana Territory. Passed at the First Session of the Third General Assembly of the said Territory, Begun and held at the Bor- ough of Vincennes, on Monday the twelfth day of November, A.D. one thousand eight hundred and ten 89 Acts of Assembly of the Indiana Territory, Passed at the Second Session of the Third General Assembly of the said Territory, Begun and held at the Bor- ough of Vincennes, on Monday the eleventh day of November, A.D. one thousand eight hundred and eleven 209 Acts of Assembly of the Indiana Territory, Passed at the First Session of the Fourth General Assembly of the said Territory, Begun and held at the Bor- ough of Vincennes, on Monday the first day of February, A.D. one thousand eight hundred and thirteen 295 Acts of Assembly of the Indiana Territory, Passed at the Second Session of the Fourth General Assem- bly of said Territory, Begun and Held at the Town of Corydon, on Monday the Sixth Day of Decem- ber, A.D. One Thousand Eight Hundred and Thir- teen 371 Acts of Assembly of the Indiana Territory, Passed at the First Session of the Fifth General Assembly of said Territory, Begun and Held at the Town of Corydon, on Monday the Fifteenth Day of August, A.D. One Thousand Eight Hundred and Fourteen 515 (xiii) xiv CONTENTS Acts of Assembly of the Indiana Territory, Passed at the Second Session of the Fifth General Assembly of said Territory, Begun and Held at the Town of Corydon, on Monday the Fourth Day of December, A.D. One Thousand Eight Hundred and Fifteen. . 599 Appendix I. Private Acts passed by the Indiana Territorial Assemblies, 1810 and 1814 703 Appendix II. Memorials and Joint Resolutions passed by the Indiana Territorial Assemblies, 1809-1815 765 Appendix III. Roster of Territorial Oflficers, Dele- gates to Congress, Circuit Judges, Members of the General Assemblies, and County Officials, 1800- 1816 817 Index 865 REVIEW OF LEGISLATION 2—49011 REVIEW OF LEGISLATION Indiana Territory Before 1809 THE Northwest Territory had commenced its career with two vigorous young settlements at Marietta and Cincinnati, made up of persons, largely Revolution- ary soldiers, newly arrived from New England; Clark's Grant (the Illinois Grant) laid out for George Rogers Clark and the men who had served under him, around Clarksville opposite Louisville ; old French settlements on the Illinois side of the Mississippi River opposite and below St. Louis, principally at Cahokia, Prairie du Rocher, and Kaskaskia ; Vincennes on the Wabash, an old French village with recent additions of Virginians; De- troit and other posts on the Great Lakes, held by the Eng- lish for most of the first decade ; besides fur buyers living among the Indians at many other places. The rest of the territory was wilderness and prairie, uninhabited save for Indians, mostly hostile. In accordance with the Ordinance of 1787, the parts of the Northwest Territory in which the Indian titles had been extinguished were early laid out into counties; dis- regarding the provision regarding Indian titles, county boundaries were eventually defined so as to include the whole territory. The frontier villages were made seats of justice and county seats: Marietta, for Washington County, embracing most of eastern Ohio ; Cincinnati, for Hamilton County, between the Little Miami and the Great Miami (enlarged to include most of southwestern Ohio and Indiana east of the Greenville treaty line) ; Vin- cennes, for Knox County, which at first included all of Indiana, part of Ohio, most of Michigan, and most of eastern Illinois; Cahokia, Prairie du Rocher, and Kas- kaskia, for St. Clair County, in southwestern Illinois; Detroit, for Wayne County (1796), which at first took in northwestern Ohio, all of Michigan, and parts of Indi- es) 4 INDIANA HISTORICAL COLLECTIONS ana, Illinois, and Wisconsin. As settlements developed and settled areas increased the old counties were altered and new ones created. The size of the Northwest Territory and difficulties of communication led in 1800 to the detachment from it of Indiana Territoiy including the present states of Indi- ana, Illinois, Wisconsin, half of Michigan, and part of Minnesota. By 1810 Indiana Territory was reduced by detachments to an area less than the present size of the state by a ten-mile strip along the northern border : this area had a civilized population of 24,520, of whom 393 were free negroes and 237 were slaves. Michigan Ter- ritory had been cut off by an act of Congress of January 11, 1805, effective June 30, defining it as "all that part of the Indiana territory, which lies north of a line drawn east from the southerly bend or extreme of lake Michi- gan" (ten miles south of the present boundary) and "east of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States."^ Illinois Territory had been created by an act of February 3, 1809, cutting off the western portion of Indiana Territory.- The act had been passed in response to insistent appeals from the towns along the Mississippi. The western boundary line of Indiana Territory fixed by the act of 1809 followed the plan of division set out in Article V of the Ordinance of 1787 and consented to by the commonwealth of Virginia, which provided that the eastern boundary of the western state, Illinois, in the Northwest Territory, should be the Wabash River and "a direct line drawn from the Wabash and Post Vincennes due north," and that the middle state, Indiana, should be bounded by "the said direct line, the Wabash from Post Vincennes to the Ohio ; by the Ohio," etc.^ A glance at the map of Knox, Sullivan, and Vigo counties will dis- close that "a direct line drawn from the Wabash and Post 'Post, 101. *Po8t, 102-3. *Po8t, 96-97. REVIEW OF LEGISLATION 5 Vincennes due north," runs east of a large tract of land embraced within the western bend of the river, more than seven miles wide at its greatest width, and embracing nearly a hundred square miles. This fact caused some dispute as to jurisdiction, and the description was changed in the act of Congress authorizing the admission of Indiana as a state ;^ this act and the constitutions of 1816 (Article 11, section 17) and 1851 (Article 14, sec- tion 1), all define the western boundary of Indiana as a line drawn along the middle of the Wabash River from its mouth to a point where a due north line, drawn from the town of Vincennes, would last touch the northwest- ern shore of the Wabash River, The boundary line as given in the Enabling Act has now been firmly estab- lished for more than a hundred years.- When the territory of Indiana was originally formed out of the western portion of the Northwest Territory by an act of Congress, approved May 7, 1800, it was made to embrace only "that part . . . north-west of the Ohio river, which lies to the westward of a line beginning at the Ohio, opposite to the mouth of Kentucky river, and running thence to fort Recovery, and thence north," etc.^ This excluded from Indiana Territory a strip of land now in the southeast corner of the state, approximately 20 miles wide at the south end and tapering to a point some 115 miles farther north, lying east of the old Indian boundary line fixed by Wayne's treaty at Greenville, Ohio, in 1795, after the Battle of Fallen Timbers. This strip embraced nearly a thousand square miles of what is now part of Indiana, including all of two present counties, the greater part of two more, and portions of four others, with the present sites of Union City, Richmond, Liberty, Brookville, Lawrenceburg, Aurora, Rising Sun, and Ve- ^ Annals of Congress, 14 Congress, 1 session, 1841-44. ' See Indiana Boundaries. Territory, State, and County, by George Pence and Nellie C. Armstrong, 8-13 (Indiana Historical Collections, vol. 19, Indianapolis, 1933), for a more detailed dis- cussion of the Illinois-Indiana boundary. 'Post, 99. 6 INDIANA HISTORICAL COLLECTIONS vay. On the other hand, by this act Indiana Territory- included a strip adjoining the present state line on the east, more than a mile wide (for Fort Recovery was more than a mile east of the line) and some 95 miles long, which now forms a part of the state of Ohio. The act of Congress providing for the admission of Ohio as a state, approved April 30, 1802, enacted (as the Ordinance of 1787 provided) that Ohio and Indiana Territory should be divided by a direct line drawm due north from the mouth of the Great Miami, and that "all that part . . . heretofore included in the eastern division of said territory, and not included within the boundary herein prescribed for the said state [of Ohio], is hereby attached to, and made a part of the Indiana territory, from and after the foiTnation of the said state."^ On March 7, 1803, the district thus ceded was erected into the county of Dearborn. The Lawmaking Body William Henry Harrison was appointed the first gov- ernor of Indiana Territory on May 13, 1800, and was reappointed in 1803, 1806, and 1809. The first laws of the territory were those enacted by the governor and judges. In 1804 the people voted to enter the second grade of government and the following year the first General Assembly convened. It was composed of a House of Representatives elected by the free white male inhabi- tants over twenty-one who could show possession of a freehold in fifty acres of land and citizenship in one of the states for one year and residence in the district for one year, or residence in the district for two years, and of a Legislative Council of five members appointed by the president with the advice and consent of the Senate after nomination by the territorial House of Representatives. A member of the Council was required to be a resident of the district and possess a freehold of five hundred acres 'Post, 100-1. REVIEW OF LEGISLATION 7 of land, while a representative must have been a citizen of one of the states for three years and a resident of the district, or a resident of the district for three years, in addition to having a freehold of two hundred acres of land. The right to vote for representatives was slightly ex- tended in 1808 to include those who might become pur- chasers of fifty acres of land from the United States gov- ernment and those who owned town lots worth $100. The following year the right to vote for legislative coun- cilors was given to those citizens entitled to vote for rep- resentatives.^ The census of 1810 showed 5,725 free white male in- habitants of the age of sixteen and over but did not dis- close how many, even of those old enough, had the other qualifications necessary to vote.^ An act of the territorial legislature passed in 1807 had provided for the election of representatives on the first Monday of April biannually, and had further provided that "the manner of voting shall be by the elector . . . to approach the bar in the election room, and addressing the Judges ... in an audable voice ... to mention by name the person or persons, to the number of representa- tives to which such county may be entitled; and the poll keepers, shall enter his vote accordingly; and then he shall withdraw."^ ^ Post, 102; Annals, 10 Congress, 2 session, 1821-22, reprinted in Charles KettlehoTongh, Constitution Making in Indiana . . ., 1:56-57 (Indiana Historical Collections, vol. 1, Indianapolis, 1916). *At the election held for territorial delegate on May 22, 1809, 215 votes were cast in Dearborn County, 235 in Clark, 105 in Har- rison, and 356 in Knox, making a total of 911 votes in the terri- tory; however, at an election for territorial representatives held six weeks earlier, 639 votes were cast in Knox County alone. Vin- cennes Western Sun, April 15, and July 8, 1809. ' Revised Laws of Indiana Territory, 1807, pp. 232, 236, in Phil- brick, Francis S. (ed.). The Laws of Indiana Territory, 1801-1809, pp. 390, 393 {Illinois Historical Collections, vol. 21, Springfield, 1930), reprinted with supplementary Indiana material by the Indi- ana Historical Bureau in 1931. 8 INDIANA HISTORICAL COLLECTIONS Rump Session of 1809 The separation of Illinois from Indiana Territory dis- rupted the machinery of the territorial legislature for more than a year. The regular election for members of the House of Representatives was held in the Indiana counties on April 3, 1809, although only four representa- tives could be elected, two from Knox County, and one each from the counties of Clark and Dearboni. On the day following the election, Governor Harrison issued a proclamation reapportioning the representatives, giving Knox County three, Clark two. Dearborn two, and the newly created county of Harrison one, and directing that an election be held for the additional representatives on May 22. The federal law making the councilors and the delegate to Congress elective had not reached the gov- ernor when he issued this proclamation, but after receiv- ing it he issued a second proclamation providing for an election of those officers also on May 22.^ He apparently ignored the last provision of the law, which stipulated that the General Assembly should have the power to appor- tion the representatives, whose number should consist of not less than nine nor more than twelve. Inasmuch as there was no General Assembly in existence and could not be one until a reapportionment was made, Governor Harrison let the apportionment stand as made on April 4, although it provided for only eight representatives. On October 16 the governor called the new Assembly into session. A portion of the members of the House of Representatives took the position that they were not a legally constituted body and hence had no power to enact legislation. The legislature apportioned an addi- tional member to Dearborn County to make up tiie num- ber nine, and then memorialized Congress to legalize this apportionment or pass a law authorizing the governor to organize tiie legislature "upon any plan which to them ' Esarey, Logan (ed.), Governors Messages and Letters. Mes- sages and Letters of William Henry Harrison, 1:335-36, 339 (Indi- ana Historical Collections, vol. 7, Indianapolis, 1922). REVIEW OF LEGISLATION 9 may seem proper."^ After meeting for six days the leg- islature was prorogued by the governor at its own re- quest. In answer to its plea, Congress passed an act authorizing the governor to make a new apportionment bringing the number of representatives to the required nine.2 Harrison, acting under this law, gave Knox County three representatives, Dearborn three, Clark two, and Harrison one, and called for a new election to be held on the first Monday of April, 1810, for both coun- cilors and representatives.^ Session of 1810 — Debtor Legislation — Slavery — Removal of Capital — Elections Pursuant to this election the Third General Assembly convened in the autumn of 1810. The organized terri- tory of Indiana for which this Assembly was called on to legislate had 24,520 inhabitants. Treaties had recently been made with the Indians by which they ceded their rights to a strip some twelve miles wide and seventy miles long adjoining the western boundary of the cession previously made, extending from what is now the south- ern line of Franklin County northward toward the present site of Portland; this area with the strip ceded in 1795 embraced nearly the whole watershed of the Whitewater River. The Indians had also ceded a strip across the south end of the state, extending back from the Ohio River to a northern boundary line in an irregular course beyond the present sites of North Vernon, Seymour, Bloomington, Spencer, Brazil, and Terre Haute (none of which then existed) . In this territory there was a fringe of settlements, extending from Salisbury (near where Richmond now is) and Brookville, in the Whitewater Val- ley, down along the Ohio River and up the Wabash, in which were the beginnings of the future cities of Vin- 'Ibid., 1:357-58, 378-83, 384-85; post, 767, and 768-70. 'Annals, 11 Congress, 1 and 2 sessions, 2511, reprinted in Ket- tleborough, Constitution Making, 1:57. *Esarey (ed.), Messages and Letters, 1:399-400. 10 INDIANA HISTORICAL COLLECTIONS cennes, Lawrenceburg, Charlestown, and Corydon, and in which the counties of Knox, Clark, Dearborn, and Har- rison had been formed. Settlers were rapidly pouring in, which led to the creation, by the Assembly of 1810, of the three additional counties of Jefferson, Franklin, and \\^ayne, carved out of the older counties. The popu- lation increased so rapidly that an estimate five years later showed 63,897 inhabitants.^ The north two-thirds of the state, however, was wholly unsettled by white men except for a trading post here and there, at which the Indians sold their furs, and the military post at Fort Wayne. Although the Indian war which commenced with the Battle of Tippecanoe, in November, 1811, was only a year in the future, nothing in the legislation at the ses- sion of 1810 indicates pressing fear of trouble with the Indians. It is true that much the longest act passed was "supplemental to an act entitled 'An act establishing and regulating the Militia,' " and expressly enacted that "stu- dents" should not be exempt from performing militia duty ;- but for many years before and after this time laws relating to the militia were passed at almost every session. A private act was passed incorporating Daniel Tomp- kins, De Witt Clinton, Robert R. Livingston, Robert Ful- ton, Nicholas J. Roosevelt, "and their present and future associates, their successors and assigns," under the name of the Ohio Steamboat Navigation Company.' The act recited that Tompkins, Livingston, Clinton, and sundry other citizens of New York had associated themselves to raise a fund to navigate the Ohio River by means of steamboats, and had actually subscribed a considerable sum of money on condition that one of the states or ter- ritories bordering on the Ohio should incorporate the • Annals, 14 Congress, 1 session, 460, reprinted in Kettleborough, Cojisfitution Making, 1:68-69. 'Post, 176 ff. 'Post, 713-15. Articles of subscription of the company were published in Cincinnati Liberty Hall, January 29, 1812. REVIEW OF LEGISLATION 11 company. The act did not grant to that company or recognize in it any monopoly of steamboat navigation such as had been sought in the states and territories bordering on the Ohio and Mississippi rivers. There is in existence in the Indiana State Library a printed bill "for granting and securing to Robert R. Livingston and Robert Fulton, the sole right and advantage of making and employing for a limited time the Steam Boat or Boats by them invented," with corrections interlined by pen, and bearing the annotation: "Orig^^. Nov. 27*^ 1810 in the H. of Rep^ Ja«. Noble Clk." Similar bills for granting a monopoly were introduced in the Ohio and Kentucky legislatures but failed of pas- sage. Petitions were also sent to the territories of Or- leans, Mississippi, Upper Louisiana, and to the state of Tennessee seeking a monopoly of steamboat navigation on the Mississippi. Here the petitioners were more suc- cessful, the territory of Orleans granting them a monop- oly on that part of the Mississippi within the jurisdiction of that territory. Such action met with little favor in the other states and territories affected and it proved to be a restraint upon the development of steamboat navi- gation on the western waters. This monopoly was finally overthrown in 1824 by the United States Supreme Court in the case of Gibbons v. Ogden.^ Most of the money in circulation in 1810 consisted of Spanish coins brought up the Mississippi River by flat- boat men who sold their cargoes and the timbers from their boats for the West India trade. And as the Span- ish dollar was divided into halves, quarters, eighths, and sixteenths, coins of 121/^ cents (called "bits") and of 6i/4 cents (called "fips") were numerous, and prices were often quoted in multiples of these coins. One of the first public acts of the reorganized territory created Jefferson County out of portions of Clark and Dearborn ; four days later Franklin and Wayne were cre- ^ Stacker, H, Dora, "Constructing a Navigation System in the West," in Ohio Archaeological and Historical Quarterly, 22:17-27. 12 INDIANA HISTORICAL COLLECTIONS ated out of Dearborn, a part of the Indian purchase of 1809, and a portion of the new Jefferson County.^ In 1806 the salary- of members of the territorial leg- islature had been fixed at $2.00 per day plus $2.00 for every twenty miles traveled to and from the seat of gov- ernment. In the appropriations of 1810 for the six-day session held the previous autumn, the travel expenses al- lowed ranged from $13 paid to each of the two represen- tatives from Harrison County, to $36 paid to the two members from Dearborn (one coming from Lawrence- burg, the other from Brookville) . The appropriation act further allowed $9.00 to Samuel Hayes for acting "as Door-Keeper to both Houses at the said session," and $15 to James Noble (aftenvard United States senator) for services "as Clerk to the Legislative Council at the same session. "- The salaries of the territorial treasurer and the attor- ney-general were each fixed at $100 per year, and that of the territorial auditor and chancellor at $150.^ The primitive mode of life of the settlers is reflected in an act providing that a debtor might hold as exempt from execution to enforce collection of a debt, in addi- tion to "the necessary books of a man's profession" or "the tools of his trade," the following articles : "one milch cow and calf, a breeding sow, one bed, bed-stead and bed- clothing, one pot, one kettle, one dutch oven, one frying pan, and one axe."* No distinction seems to have been made at that time between single persons and debtors with families. According to the Constitution of 1816, all laws and parts of laws in force in the territory were to be continued in force when the state was organized until they should expire or be repealed. It would seem from the "Act for the relief of Insolvent Debtors," passed ' Po.ft, 104-r), 108-11. * Post, 112-l.S. In 1811 the salary of legislators was raised to $3.00 per day; at the first session in 1813 it was reduced to $2.50. Post, 249, and 334. 'Post, 174-75. *Post., 133. REVIEW OF LEGISLATION 13 at the second session of the state legislature, that a debtor was required to surrender all his property of every kind to avoid being imprisoned in case his debt was not paid, though "such property as shall have been exempted from execution by the laws of this state" was excepted from what the sheriff was directed to sell of property sched- uled by an insolvent debtor.^ By the third session popular opinion as to what was necessary for a debtor's family to live in comfort had undergone a change, influenced by increasing prosperity. It was then enacted that in each family one spinning wheel and reel, one Bible, one bed and the necessary bed- ding for it, six chairs, one dinner pot, one bake oven, one frying pan, one kitchen table with the necessary articles of table and cupboard furniture of not more than $10 in value, one cow and calf, one sow and pigs, six sheep with the wool growing thereon or the yarn or cloth made thereof, flax from half an acre of ground in one year or the yarn or cloth into which it was made, three months' supply for the family of breadstuff, meat, and salt, the wearing apparel of the family, one chopping axe, and one weeding hoe, or so much of the foregoing articles as should not exceed $100 in value, to be selected by the debtor, were made exempt from execution, and were not required to be "given an account of, by an insolvent debtor previously to his enlargement from prison. "^ Debtors without families were granted no exemption at all by this statute. After another four years, while the total value of the articles which might be claimed as exempt from execu- tion by a debtor with a family was still limited to $100, he was permitted to select as part of such exempted prop- erty, his tools, if a mechanic, or his books, if a profes- sional man, of a value not exceeding $50. And if the debtor should not own $100 worth of the articles named as exempt, he was authorized "to select any other arti- ^ Laws of Indiana, 1817-18 (general), p. 325. * Ibid., 1818-19, pp. 87-88. 14 INDIANA HISTORICAL COLLECTIONS cles he may own, not to exceed the value of the articles ... of which . . . [he] may be destitute."' The following year a debtor's right of exemption was reduced to specified articles, of which the whole amount should not exceed $50 in value, as follows: "One bible, one cow and calf, one bed and the necessary bedding therefor, household and kitchen furniture not exceeding in value ten dollars, one chopping axe, one weeding hoe, one spinning wheel, one reel, and the necessary provisions to supply the family two months."- Any tables and chairs exempted must be a part of the furniture allowed, not exceeding $10 in value. Apparently not only the tools and books, w^earing ap- parel of the debtor and members of his family, sows, pigs, sheep, wool, flax, cloth, provisions for the third month, but everything else that the debtor, his wife, and children might have, was now made subject to sale on execution, however little the value, unless he had the specified items worth not more than $50, to which his right of exemption was limited. That this act making drastic reductions in the character, number, and value of the articles which might be claimed as exempt remained in force seven years was probably due, in part, to acute economic conditions then prevailing. But leaving a debtor's family clothed in leaves, or maybe barrels, was found unsatisfactory, and in 1831 an act was passed providing that "necessary wearing apparel shall not be considered as any part of the estate of any defendant or defendants in execution" whether with or without a family. The other exemptions of articles that were subject to sale unless the debtor had a family were continued as before. ' Three years later "six sheep and the wool thereof, and one additional bed and bedding" (regardless of value) were added to what a debtor with a family might claim as exempt. And it was again provided that if such an ' Laws of Indiana, 1822-23, pp. 83-84. • Rei'iscd Laws of hidiayta, 1823-24, p. 189. 'Ibid., 1830-31, pp. 234-35, §§ 1 and 4. REVIEW OF LEGISLATION 16 "execution debtor may be destitute of any or all the specific articles exempted ... it shall be lawful for such debtor to claim, as exempt from execution, any other article or articles, of which he or she may be possessed, to be selected by such debtor ... so that the value thereof in the whole shall not exceed fifty dollars."^ After another five years the total value of all the articles which a debtor might claim as exempt, including articles in addition to those specified, "if it shall so hap- pen that the execution debtor shall be destitute of any or all the specific articles exempt," was increased to not more than $100, provided he had a family.^ Two years later it was enacted that no real estate and no household goods and furniture, kitchen utensils, im- plements of husbandry, or mechanics' tools should be sold on execution for less than one-half of the cash value, to be fixed by three disinterested freeholders.^ The next year sales on execution of property of any description, real or personal, for less than two-thirds of its fair net value, after deducting all encumbrances, was forbidden.* As the aftermath of the "panic of 1837" began to be felt more acutely, it was finally enacted, in 1843, that no such property "shall be sold on execution . . . for a less sum than its fair value . . . after deducting all incum- brances," as such value should be fixed by "disinterested" householders of the neighborhood.^ Of course, the purpose of this legislation, and for a time its effect, was to stop all execution sales from being made much as has been done by less peaceful means within the past year or two (1930-1933). To the property specifically exempted from execution the stat- utes, as revised in 1843, added the schoolbooks used by or in the family, one plough and one loom, and the "arms * Laws of Indiana, 1833-34, p. 81. *Ibid., 1838-39 (general), pp. 35-36. *Ibid., 1840-41 (general), pp. 131-32. *Ibid., 1841-42 (general), p. 64. 'Ibid., 1842-43 (general), pp. 15-16. 16 INDIANA HISTORICAL COLLECTIONS and accoutrements" required by law to be kept by the debtor for use as a member of a military company; the maximum value of the household and kitchen furniture exempted was raised to $15, and the whole amount of property to the value of $100, this to be in addition to wearing apparel, Bible, schoolbooks, arms and accoutre- ments, and the two months' provisions. Also, the privilege of such exemption was extended to any owner of prop- erty seized on execution, "being a householder" as well as to one "having a family."^ It was now made clear, for the first time, that not just any Bible but only the family Bible was exempt. Two years later the principle of exempting specific articles was definitely abandoned, and any "householder" of the state was authorized to hold as exempt from execu- tion personal property of any kind to the value of $125. But it was provided that this and all other such laws should "not extend to any persons, only heads of fami- lies," all laws or parts of laws "coming within the pur- view of this act" being repealed. - Five years later it was enacted that the value of any property claimed as exempt from execution should be determined by two householders selected as appraisers, one by the execution defendant and one by the execution plaintiff, who should choose a third householder as arbi- ter if they failed to agree as to values.'' The Constitution of 1851 provided not only that all laws not inconsistent therewith should remain in force until they should expire or be repealed, but also that the "priv- ilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale, for the payment of any debt or liability hereafter con- tracted."* At the first session of the legislature under ' Rcvufcd Stafutcs of hidiava, 1842-4.?, p. 743. ^ Lmvs of Indiana, 1844-4r) (general), p. 39. * Ibid., 1849-50 (general), p. 78. * Art. 1, § 22. REVIEW OF LEGISLATION 17 the new constitution a law was enacted giving to any- resident householder the right, upon filing a schedule of all real and personal property owned by him, of selecting items up to the value of $300, as determined by ap- praisers, to be held as exempt.^ The value of exempted articles was changed to $600 in 1879 and to $1,000 in 1933, and a special exemption of the separate property of any married woman from sale on execution against her was granted in 1879 to the extent of her wearing apparel and articles of personal adornment purchased by her, not exceeding $200 in value, and all such jewelry, ornaments, books, works of art and virtu, and other effects for per- sonal or household use as may have been given to her as presents, gifts, and keepsakes.- This was changed two years later to provide that a married woman who is a resident of this state, whether a householder or not, shall be entitled to the same exemption of articles of like value as householders, to be claimed and selected in the same manner.^ The difficulties of communication and travel a hundred and twenty-four years ago, and the insecurity of papers and documents lodged with a court — of which the judge traveled on horseback through unbroken forests to hold sessions at intervals of many months and the clerk de- voted his time between sessions to earning a living by farming, trapping, and trading — are reflected in "An Act to perpetuate testimony," which provided that if a depo- sition be taken, "for the greater security of said petition and deposition, it shall be the duty of the Clerk to record the same in a book kept for that purpose."* Although it was not yet ten years since Clark County had been organized (on February 1, 1801) and Jefferson- ville had been designated as the "seat of justice" (on June 9, 1802) by proclamation of Governor Harrison, the legis- • Revised Statutes of Indiana, 1851-52, vol. 2:336-38. ^Laws of Indiana, 1879, p. 127, § 1, p. 161, § 9; 1933, p. 1014. 'Revised Statutes of Indiana, 1881, p. 1107, § 5124. 'Post, 127-28. 3 — 19011 18 INDIANA HISTORICAL COLLECTIONS lature of 1810 passed an act providing that from and after February 10, 1811, the seat of justice of the county of Clark should be fixed and established in the town of Charlestown. There were certain conditions to be ful- filled : a jail "as good in all respects" was to be completed by that time or as soon after as possible at the expense of the petitioners (the act did not mention any specific jail for comparison) ; from the sale of donated lots and by subscription, money was to be raised and public build- ings erected, including a courthouse "as convenient and of equal value with the court house in Jeffersonville."^ The next term of the court of common pleas of Clark County began on February 11, 1811, at Jeffersonville. On February 12 the commissioners appointed to examine the jail in Charlestown made their report. = The court then ordered that since satisfactory evidence had been pro- duced that the new jail was in all respects equal to the one at Jeffersonville and since the other requisitions of the act for removing the seat of justice had been complied with, the court should meet in Charlestown the follow- ing day at twelve o'clock. Willis W. Goodwin, sheriff, and others filed a bill of exceptions to this order and ' Post, 139-42. * Their description of the jail was as follows: "stone work 6 inches above the surface floor Timbers 1S% Inches of Oak Ground work 24 by 13 one Inch thickness of the wall 14 Inches of Oak Height of Story Seven feet Eight Inches partition wall Seven and a half Inches thick with a common lap shingle roof Criminals win- dow 2 feet by G Inches with 5 Iron Grates One Inch thick and bound with a Box of Iron in side and Spicked down the other bar 2 Inches wide and half Inch thick Trap door 2 feet 6 Inches Square, the shutter of trap door 2 Inches thick and Double spiked through and clinched with Iron spikes and two bars of Iron run- ning through the middle of the same and sufficient bolts at each end the outside door 4 feet 8 Inches by two feet six Inches made of 2 Inch Oak plank double and well spiked with Iron spikes and clinched distance five Inches, Debtors window 5 grates of Iron one Inch square with 3 bars across and let in logs the thickness of the bars, the length of the window two feet by ten inches." Proceed- ings of the Court of Common Pleas of the County of Clark, Febru- ary 12, 1811. REVIEW OF LEGISLATION 19 appealed to the general court on the ground that the jail in Charlestown was not as good as the one in Jefferson- ville because it did not have an adjoining house for the use of the jailer. Nevertheless, the court met in Charles- town the following day, February 13, and continued to meet there. Prison bounds were ordered laid off and com- missioners were appointed to contract for the erection of a courthouse equal to the one in Jeffersonville. The following year commissioners were appointed to contract for the erection of a pillory and estray pen upon the public square.^ Goodwin's case came before the general court at the April term, 1811. Judge Parke's opinion pointed out that there was nothing in the law that stipulated that the jail in Charlestown should be equal to the one in Jefferson- ville. However, there was another aspect to the case. According to the law there was a special contract between the legislature and the petitioners, and when the peti- tioners complied with certain conditions the seat of jus- tice was to be removed. No provision was made for determining whether the conditions had been properly performed. The special power of the courts of common pleas to enter into contracts to build and repair jails, courthouses, and other public buildings, granted by the county levy act of 1807, could not be supposed to extend to a decision on the performance or nonperformance of the conditions upon which the removal of the seat of justice was to take place. Therefore the court held that the court of common pleas had erred in adjourning from Jeffersonville to Charlestown and that the seat of justice was still at Jeffersonville.- At the next legislature a law was passed reaffirming the removal to Charlestown and legalizing the proceed- ings of the court held at that place.^ 'Ibid., February 12 and 13, 1811, and June 16, 1812. 'Order Book of the General Court of Indiana Territory, 1811- 1816, pp. 16-19, in office of the Clerk of the Supreme Court of Indiana. ' Post, 217. 20 INDIANA HISTORICAL COLLECTIONS One object in the removal was to get away from the proslavery influence of Louisville, directly across the river from Jeffersonville. The plea for its location at Charles- town was that it would be more nearly in the center of the county, and in a country without any roads except bridle paths through the woods, an additional dozen miles of enforced travel from the north end of the county was complained of as a great hardship. In 1878, after turn- pikes had been constructed leading do\\m to the river and the slavery question had been settled, the county seat was moved back to Jeffersonville. Two acts were passed repealing and supplementing previous legislation concerning the introduction of ne- groes and mulattoes and the apprentice system. The Ordinance of 1787 had decreed that neither slavery nor involuntary servitude should exist in the Northwest Territory otherwise than in the punishment of crime. In the period intervening before 1810 several unsuccessful attempts had been made to have Congress repeal this clause.^ In the absence of federal action on the matter, the territorial government enacted legislation that per- mitted a modified form of slavery. In 1803 the governor and judges adopted a law from the Virginia code regulating the relation to their masters of negroes, mulattoes, and other noncitizens of the United States who came into the territory under contract for service, and providing that they should be compelled to perform such contracts.- At the first meeting of the territorial legislature in 1805 an act was passed concerning white apprentices which provided that apprentices bound of their own will or by their guardians should fulfill their contracts,-^ and a ' Dunn, Jacob P., Slavery Petitions and Papers . . . {hidiana Historical Society Publications, 2:no. 12, Indianapolis, 1894) ; Phil- brick (ed.), Laica of Indiana Territory, 1801-1809, pp. xx-xxi, xxxv-xliii. 'Lau'.s of Indiana Territory, 1803, p. 26 (Philbrick ed., 42). 'Ibid., 1805, pp. 5-6 (Philbrick ed., 95-96). REVIEW OF LEGISLATION 21 second act provided that negroes and mulattoes under fifteen years of age and "owing service" in other states or territories might be brought into Indiana Territory and held to labor until the age of thirty-five, if male, or thirty-two, if female. If they were of and above the age of fifteen the person bringing them into the terri- tory was required to go before some clerk of a court of common pleas and there agree with the negro or mulatto upon the term of service. If the negro or mulatto re- fused to come to any agreement, the owner might remove him from the territory any time within sixty days. The children of a parent so bound were likewise bound to serve the same master until thirty years of age, if male, or twenty-eight, if female.^ The legislature which met in 1806 added a fourth law providing punishment by whipping for slaves or servants committing such offenses as wandering from home, par- ticipating in riots and unlawful assemblies, or making seditious speeches.^ In the revision of the laws in 1807, the first and the fourth of these acts were incorporated as one, and the second and third were also reenacted with but slight variations.^ Another law, passed in 1806 and reenacted in 1807, permitted the time of service of ne- groes and mulattoes, bound to service in the territory, to be sold under execution.* At the next session, in 1808, the provisions for punish- ment as enacted in 1806 were made more stringent.^ An attempt was made at this time to repeal the law passed in 1805 permitting the introduction of slaves into the territory. The House, while under the influence of an eloquent appeal made by General Washington Johnston, 'Ibid., 25-27 (Philbrick ed., 136-39). 'Ibid., 1806, pp. 21-22 (Philbrick ed., 203-4). * Revised Laws of Indiana Territory, 1807, pp. 340-47, 392-94, 423-28 (Philbrick ed., 463-67, 500-2, 523-26). *Ibid., 449 (Philbrick ed., 541). "Acts of Indiana Territory, 1808, pp. 21-23 (Philbrick ed., 657-58). 22 INDIANA HISTORICAL COLLECTIONS one of its members, voted for repeal but in the Legisla- tive Council the bill was rejected.^ By 1810 the personnel of the legislature had changed. The Illinois group was gone and the eastern portion of the territory, populated largely by settlers from the eastern states and by those who had crossed over from Kentucky because of their dislike of slavery, had an in- creased representation. With the antislavery group in the majority two acts were passed reversing the trend of legislation in this field. One repealed the "Act con- cerning the introduction of Negroes and Mulattoes into this Territory," together with the first section of the 1803 law providing that all negi'oes and mulattoes coming into the territory under contract must fulfill those contracts, while still another section aimed at the practice of kid- napping free negroes for the southern market.- The second law was supplemental to the act respecting white apprentices, passed in 1805, and made it necessary for cases involving apprentices who wished to be discharged because of ill usage or cruel treatment to be tried before a court of common pleas. Any and every contract entered into by an apprentice during the time of his ap- prenticeship was declai-ed null and void. On the other hand, provision was made for holding apprentices to their contracts until their expiration.'' A federal law of December, 1809, had allowed Governor Harrison to apportion the representatives in order that a legislature might be organized, whereupon the power of apportionment was to be vested in that body. In the apportionment made at this session, Knox County re- tained her three representatives and Clark, Dearborn, Franklin, Harrison, Jefferson, and Wayne were each given one.* An act forbidding any nonresident of the territory, under penalty of a fine of $500, to practice in its courts any further than to "finish their unfinished business * Territorial House Journal, October 19 and 24, 1808. ' Po.s^ 1.38-39. * Post, 165-67. *Post, 171-72. REVIEW OF LEGISLATION 23 already commenced," indicates a degree of selfishness on the part of local attorneys.^ Three churches were incorporated at this session.- One act incorporated a church of the Presbyterian faith at or near Vincennes, which took the modest title of "The In- diana Church" ; a second act was "to incorporate the New Hope Baptist church on Deer creek, in the county of Dear- born" ; and a third was "for incorporating the Roman Catholic Church in Vincennes." It would seem that this last attempt to incorporate was not effectual, however, as acts to revive this original act of incorporation were passed in 1813 and 1819.^ Trading with the Indians in the lands opened for settlement, to which "the Indian title had been ex- tinguished," was forbidden without a license from the governor, except that any person without such license might barter to the Indians "the produce of his or her farm, ardent spirits excepted," for meat, maple sugar, skins, furs, or any article manufactured by the Indians. Furnishing "ardent spirits or spiritous liquors" to In- dians within such districts was prohibited under severe penalties. And assisting the Indians against the whites in any matters of "negociations or treaties, disputes or controversies" was made punishable by a fine of not less than $1,000 nor more than $3,000 (when the attorney- general's salary was $150 per year) .* Every gristmill that should "grind for toll" was de- clared to be "a public mill," so as to bring the owner within the limitation of tolls to be charged for grinding, of one-tenth the wheat or rye, one-seventh the corn, oats, barley, or buckwheat ground and bolted, or one-eighth if not bolted, and one-twelfth the malt ground, as fixed by an earlier act.^ ^Post, 116-17. 'Post, 192-94, 706-11, 716-21. 'Post, 324-25; Laws of Indiana, 1818-19, pp. 121-23. *Post, 148-51. "Post, 153; Revised Laws of Indiana Territory, 1807, p. 192 (Philbrick ed., 361). 24 INDIANA HISTORICAL COLLECTIONS If the organization of Illinois Territory helped to eliminate the slavery question as a factor in territorial politics it brought into prominence another problem, that of relocating the capital of Indiana Territory. The group from the eastern part of the territory that had worked for the repeal of the indenture laws was also working for the removal of the capital to a more central location. The geographical factor, however, was not the only rea- son. A group opposed to Governor Harrison wanted the capital removed so as to free the legislature from the influence of the governor and the many friends that he had gathered around him at Vincennes.^ Thus we find the antislavery, anti-administration, and capital-moving groups, composed in part of the same men, uniting to carry out their program. At the 1810 session laws were enacted appointing com- missioners to fix upon and recommend a location within the New Purchase of a site for the capital, and providing that within twelve months after the sale of lots in the town, measures should be taken by the governor to re- move the offices of government to the new location, which was to be within the following bounds: the "Embarras [Muscatatuck] fork of White river, the main fork of White river, the boundary line of the new purchase . . . and a line which shall be parrallel to the latter, and at not more than twenty miles from it."- Inasmuch as this land still belonged to the federal government, a petition was sent to Congress asking for a donation (the law provided that the land should be secured by purchase or donation) of as much land as that body might deem reasonable. In case Congress should not grant the request the law was to become null and void. The congressional committee to whom this petition was referred reported that it was questionable whether such a donation for the benefit of a particular ' For evidence of this influence, see letter of John Paul to Solo- mon Manwaring, September 15, 1811, in Esarey (ed.), Messages and Letters, 1:567-68. ' Post, 153-57, 186-87. REVIEW OF LEGISLATION 25 territory could be considered as authorized by the act of cession made by Virginia to the general government, but recommended that a law be passed providing for the sale of four quarter sections.^ In accordance with the committee's recommendation such a law was introduced and passed.^ The commissioners appointed in the 1810 law had not yet acted when the legislature convened in 1811 and the struggle for removal was again resumed. A bill to re- peal the 1810 act failed to pass and then a bill was intro- duced to remove the capital temporarily to Madison. This was vetoed by Governor Harrison, who gave as his rea- sons that it had passed the House by a mere majority at a time when two members were absent who would have been likely to oppose it, that it repealed the 1810 act pro- viding for a permanent seat of government without the least reason for doing so, and that a provision it con- tained concerning suits in the general court would work a hardship upon those who had suits pending. As proof of his sincerity he promised to give his consent to any act or resolution directing the next legislature to be held elsewhere than at Vincennes. As there would be an election of representatives before that time the question of removal could be put before the public and they could instruct their representatives as they thought proper. Harrison stated that he believed some public advantage might be derived from the legislature meeting elsewhere than at Vincennes.^ Acting on the governor's suggestion, the representative from Jefferson County, William McFarland, introduced a resolution providing that the governor in proroguing the present legislature should assign Madison as the place of the next meeting. This passed the House four to ^Report of the Committee on the Public Lands on the Memorial of the Legislative Council and House of Representatives of the Indiana Territory, January 23, 1811 (Washington, 1811). - Annals, 11 Congress, 3 session, 1336. * Territorial House Journal, November 15 and 21, December 9, 13, and 16, 1811. 26 INDIANA HISTORICAL COLLECTIONS three (two members still being absent), the three oppos- ing votes coming from the Knox County delegation. The Council disagreed. A new resolution was then introduced requiring the governor to call the commissioners ap- pointed by the 1810 act for the purpose of carrying that law into effect. The Council refused to consider this and the matter rested there until the Assembly met again on February 1, 1813.^ By this time Harrison, devoting all his energies to the war, had resigned his civil office, and General Gibson was acting governor. Early in the 1813 session the problem of the removal of the capital was brought to the attention of the legisla- tors by a resolution citing the danger to which the public records were exposed at Vincennes due to the hostile dis- position of the Indians. In the debates that took place Madison, Lawrenceburg, Jeffersonville, Vevay, Charles- town, Clarksville, and Corydon were all considered as pos- sible locations.- It was finally enacted that from and after May 1, 1813, Corydon should be the territorial capi- tal. The refusal of any public officer to remove the public records, books, and papers in his charge was made pun- ishable by a fine of not more than $1,200 nor less than $100.'* A supplementary resolution granted the governor and secretary the privilege of residing anywhere they chose within the boundaries of the territory.* Part of the land in Indiana Territory ceded by the In- dians at the Treaty of Greenville in 1795 and at the Treaty of Fort Wayne in 1809 had been attached to the Cincinnati disti'ict. According to a federal act passed in 1803, Ohio was to receive three per cent of the proceeds from the sale of public lands within the boundaries of that state. The members of the Indiana Territorial As- sembly believed that this also applied to the proceeds from the sale of those lands located in Indiana Territory and attached to the Cincinnati district; they memorialized * Territorial House Journal, December 17, 1811. 'Ibid., February 8, 12, 13, 15, 18, 26, March 3, 4, 8, 1813. » Post, 335-38. * Post, 339. REVIEW OF LEGISLATION 27 Congress in 1810 to alleviate this evil by establishing a new land office at Brookville and attaching to it all the land in Indiana Territory attached to the Cincinnati dis- trict.^ The congressional committee to whom the peti- tion was referred reported that the memorial was based on a misconception of the law and the contract between the United States and the state of Ohio, and that the prayer of the petitioners ought not to be granted.- Pro- vision was not made for establishing the land office at Brookville until 1819. Two resolutions were sent to Jonathan Jennings, the territorial delegate in Congress. One instructed him to secure an extension of the suffrage and the other to secure a law giving the people the power to elect their sheriffs.^ The latter was probably the work of Harrison's oppo- nents, who alleged that he was using his vast powers of appointment to build up an organization favorable to his interests. The sheriff's duties in connection with elec- tions, collection of taxes, and the administration of jus- tice made this office very important and one over which the people felt they should have control. Jennings suc- ceeded in getting a bill introduced making the office of sheriff elective; it passed the House but failed in the Senate.* The request was repeated at the next session of the territorial legislature and again a bill passed the House only to be rejected in the Senate.' Although Harrison had the power of appointing the territorial and county officers, it was his policy to receive recommendations from the people of the county or dis- trict to which the appointment was to be made. In some cases these recommendations were made by petition to the governor; often, when a judge or sheriff was to be ' Post, 774-76. * Report of House Committee on Public Lands, presented January 23, 1811. House Files, Library of Congress. ' Post, 772, and 780-83. * Annals, 11 Congress, 3 session, 350-51, 481, 897, 958. 'Post, 788; Annals, 12 Congress, 1 session, 91, 226, 227; 244, 372, 420, 1379. 28 INDIANA HISTORICAL COLLECTIONS appointed, an election was held and the polls forwarded to Harrison; in other instances, blank commissions were sent to be filled in by the county judges. A comparison of the recommendations with the appointments shows that Harrison almost always carried out the desires of his petitioners. How representative the recommenda- tions were cannot be fully determined with the informa- tion now at hand.^ On March 3, 1811, Congress passed an act extending the right of suffrage by removing the property qualifica- tion. In addition to the age, sex, race, and residence qualifications, an elector was required to furnish evidence of having paid a county or territorial tax. The same law contained the provision that persons holding offices of profit from the governor (justices of the peace and mili- tia officers excepted) were ineligible to and disqualified to serve in the territorial legislature.- In practice, offi- cers holding appointments from the governor usually resigned these offices after, rather than before, election to the legislature. ' Preceding the appointment of John McCandless as sheriflF of Knox County in April, 1810, at least six petitions, bearing a total of 293 signatures, were sent to the governor (the census of 1810 listed the number of free white males of sixteen and over as 1,896). At an election held in 1811 for a judge of the court of common pleas in Jefferson County, 27 votes were cast in Jefferson Town- ship; at an election for sheriff in Clark County in 1812, 452 votes were cast. The court of common pleas of Harrison County ordered an election for sheriff to be held on January 15, 1812. Voting places were designated in each township and election officials appointed. The polls showed 80 votes for John Hurst, Jr., 79 for John Tipton, 77 for Joseph Paddacks, and 23 for Thomas Evans, a total of 259 votes (the census of 1810 listed 950 free white males of sixteen and over). Hurst received the appointment. Manu- script letters and papers in office of Secretary of State, Indi- ana; Record Book of Court of Common Pleas, Harrison County, 1809-12; Executive Jmimal of Indiana Territory, 1800-1816, edited by William Wesley Woollen, Daniel Wait Howe, and Jacob Piatt Dunn, 179 {Indiana Historical Society Publications, 3:no.3, Indianapolis, 1900). See also post, 844n-45n. 'Annals, 11 Congress, 3 session, 1347-48, reprinted in Kettle- borough, Constitution Making, 1:58-59. REVIEW OF LEGISLATION 29 Any man from eighteen to fifty years of age, being liable to perform on the roads "any number of days work, not exceeding twelve" in each year whenever the supervi- sor should "deem it necessary" under penalty of forfeit- ing seventy-five cents for each day of "idleness or in- attention,"^ was, in 1810, made liable to be summarily fined in that amount by any justice of the peace, on com- plaint in writing by the "overseer" and twenty days no- tice, unless he set before such magistrate "a sufficient excuse for . . . non-attendance" ; the fine was collectible immediately by execution, with costs, and was to be paid to the "overseer."- The first attempt to interfere with the use of intoxicat- ing liquors in the territory (except for prohibiting their sale to the Indians) was contained in the militia law of 1810, as follows : "no officer of the militia shall be allowed to treat his men with any ardent spirits or strong water on the days of muster, nor shall any person be allowed to vend liquors of that kind on any day of training, mus- ter or review, within two miles of the parade ground," under penalty of the loss of his liquor, and a fine of $15, one-half to be paid to the informer. Licensed innkeepers, however, were not prohibited from selling at "stands" within two miles of the grounds.^ Session of 1811 — Imprisonment for Debt The second session of the Third General Assembly con- vened on November 11, 1811 ; its opening had been twice postponed due to the seriousness of the Indian situation.* Only four days earlier the Indians, under the leadership 'Acts of Indiana Territory, 1808, pp. 5-6 (Philbrick ed., 646-47) ; Revised Laws of Indiana Territory, 1807, p. 296, § 10 (Philbrick ed., 433) ; Laws of the Northtvest Territory, 1799, p. 169, reprinted in Pease, Theodore C. (ed.), The Laws of the Northwest Territory, 1788-1800, p. 458 {Illinois Historical Collections, vol. 17, Spring- field, 1925). *Post, 170. *Post, 182-83. *Esarey (ed.), Messages and Letters, 1:557-58, 603. 30 INDIANA HISTORICAL COLLECTIONS of the Shawnee Prophet, had been defeated at the Battle of Tippecanoe, and Governor Harrison and the army were now on their waj^ back to Vincennes. General Washing- ton Johnston was dispatched to welcome Harrison home in the name of the members of the legislature and their constituents, and a few days later a formal message of thanks was sent him for his services at the head of the army.^ Those who did not return were not forgotten. The members resolved to "wear crape on their left arm ... as a tribute of respect for the memory of the de- parted heroes" and Congress was memorialized to give relief to the widows and orphans.- As the session pro- gressed, the original amity of spirit concerning the out- come of the battle gave way to an undignified bickering as to the proper division of credit. The first Ohio River steamboat, the "New Orleans," had been built at Pittsburgh and in October had started down the river to New Orleans, but was held at Louis- ville waiting for high water to enable it to pass over the Falls. Although it eventually reached New Orleans and made regular trips from there to Natchez, it was fated never to return up the Ohio. It was to be almost four years before a steamboat could succeed in coming up the river against the strong current of the Ohio ; this was not accomplished until the "Enterprise," leaving New Orleans in May, 1815, reached Louisville twenty-five days later,' and the time when a series of "slackwater" dams was to convert the Ohio River into a chain of "pools" or lakes with little current except at high water, was more than a century in the future. Divorce legislation in the Northwest and Indiana terri- tories had not been extensive. Under the revised law of 'Territorial House Journal, November 18, 1811; post, 784. * Territorial House Journal, November 13, 1811; post, 785-86. Esarey (ed.), Messages and Letters, l:G37-43, lists the casualties. ' Hulbert, Archer B., The Ohio River. A Course of Empire, 331-34 (G. P. Putnam'? Sons, New York and London, 1906) ; Ambler, Charles H., A History of Transportation in the Ohio Val- ley . . ., 116-26 (Glendale, Calif., 1932). REVIEW OF LEGISLATION 81 1807, absolute divorce might be granted by the general and circuit courts in cases of bigamy, impotency, or adul- tery, and legal separation in cases of extreme cruelty.^ The General Assembly in 1811 acted upon two cases of desertion. The first act passed granted a divorce to Jane Richardson on the ground that her husband, Jacob, had joined "a banditti of horse thieves" for which he was sent to prison two years, and had then "abandoned his country," leaving her and two children without means of support. The facts were established by affidavits.- The second act granted a divorce to Elizabeth Richardson from her husband, Isaac, who was connected with the same "banditti of horse thieves who were so well known." He, too, fled the country, first to "Natchez in the Missis- sippi Territory," and then to parts unknown, abandon- ing Elizabeth with two babies.^ Provision was made at this time for recording town plats, under penalty of forfeiting $500 per month for delay in putting on record the plat of any town site in which lots were sold. Clarksville (opposite Louisville), Vincennes, Jeffersonville, Lawrenceburg, Brookville, Corydon, Charlestown, and Salisbury (near Richmond) had all been "laid out," and doubtless many other "towns" with streets, alleys, "inlots," and "outlots" were pro- jected.* The "seat of justice" of Franklin County was "per- manently fixed and established on the public square" in Brookville,^ and that of Wayne County on the public square in Salisbury, "on fractional section No. 1, town ^ Laws of the Northwest Territory, 1795, pp. 182-84 (Pease ed., 258-60); Laws of Indiana Territory, 1801, p. 25; 1803, pp. 58-59; 1805, p. 11; Revised Laws of Indiana Territory, 1807, pp. 140-42; Philbrick (ed.). Laws of Indiana Territory, 1801-1809, cxxix, cxliv, 15, 65-66, 107, 323-25. » Post, 211-12. ' Post, 212-13. The activities of this group of outlaws are re- lated in a confession made by John Ingram and printed in the Vincennes Western Sun, December 2, 1809. * Post, 216-17. ' Post, 218-19. 32 INDIANA HISTORICAL COLLECTIONS 13, range 2, west" (about halfway between Richmond and Centerville) , leaving no question as to where either court- house should be located.^ Imprisonment for debt was one of the problems acted upon by the Assembly of 1811. An act originating in 1799 and slightly altered in the revision of 1807 authoriz- ing the local court to fix "prison bounds" extending not more than 200 yards from the jail in any direction (em- bracing between 25 and 26 acres), within which persons imprisoned for debt were privileged to find work upon giving bond to "continue a true prisoner" and to stay "within the limits of said prison bounds, until discharged by law,"= was amended to authorize the "prison bounds" to extend not more than "one hundred and twenty perches [rods] in any direction from the said jail," thus embrac- ing between 282 and 283 acres.^ In drafting the first constitution of the state of Indiana a provision was inserted that "the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering up his estate, for the benefit of his creditor, or creditors, in such manner as shall be prescribed by law."* This language seemed ' Post, 220. * Laws of the Northwest Territory, 1799, p. 214 (Pease ed., 494-95). ' Post, 222. The jails themselves were usually insufficient and not suited to long tenancy. John Hurst, sheriff of Harrison County, wrote to Governor Posey on February 9, 1814, that the situation of the Harrison County jail was such as to endanger the health of his prisoner in case he was held there until the meeting of the general court; "if I furnish him with fire it must be done in a kettle and I then must have a guard (which will be expensive to County) for fear he might burn out" (the prisoner being charged with arson). The sheriff of Franklin County reported to the court of common pleas on May 15, 1813, that after minutely examining the county jail he found it deficient in several respects: "1st, it is insufficient in point of strength; 2d, there are no separate rooms for sexes. I enter my solemn protest against its insufficiency in the aforesaid respects." Hurst to Posey, in office of Secretary of State, Indiana; Minute Book for the Court of Common Pleas, Franklin County, 1811-13, p. 152. *Art. 1, §17. REVIEW OF LEGISLATION 33 to imply that a debtor might be arrested and imprisoned in the first instance, to be released when he should con- vince a court that he was not guilty of fraud and that he had surrendered all his property for the benefit of his creditors, and this seems to have been the practice for many years. Imprisonment in the county jail, in custody of the sheriff, of any person whose "body" was taken in "execu- tion" for failure to pay a judgment, was provided in the first body of laws enacted after Indiana became a state.^ The next year an act for the relief of insolvent debtors was passed which provided that after a debtor taken in execution should have remained in prison twenty days his release might be ordered by two justices of the peace, upon delivery to them of a schedule of all his property of every kind, and upon oath that he had neither con- cealed nor transferred anything to deceive or defraud his creditors.^ It was also provided that if the person imprisoned for debt should "not be able to pay his or her ordinary prison fees," the sheriff or jailer might "demand and recover of the party or parties at whose suit such insolvent prisoner" was imprisoned, which amount should be added to the execution debt.^ The prison bounds were reduced in size that year to 600 yards, the 120 perches previously allowed having been 660 yards. "In order to prevent any oppression under pretence of the security being insufficient, two disin- terested justices of the peace" should "be called to ap- prove of the security" on any bond offered to obtain for a prisoner the privilege of staying out of jail but within the prison bounds.* Two years later any insolvent debtor was authorized to make an assignment of all his property in trust for his creditors, whereupon he should "forever after be privi- leged from imprisonment, for any debt due and owing by * Laws of Indiana, 1816-17, p. 47. ' Ibid., 1817-18 (general) , p. 324. • Ibid., 222, 327-28. * Ibid., 218-19. 4—49011 34 INDIANA HISTORICAL COLLECTIONS him at the time of filing his petition" for the administra- tion of his insolvent estate by trustees. And "should any insolvent petitioner be imprisoned [for debt] . . . at the time of filing his petition," he should be discharged from prison "on his giving satisfactory bonds . . . con- ditioned for the faithful assignment of all his property for the benefit of his creditors," after which he could not "again be imprisoned for the same debt, or any debt con- tracted previous to such discharge,"^ When the state was barely six years old an act was passed "to abolish imprisonment for debt unles[s] for fraud." It provided, substantially as the law now does, that no "process to take the body" should issue upon any judgment in a civil case, unless upon affidavit that the defendant had "monies or effects in his . . . possession, or under his . . . controul" above the amount exempt from execution, which he was secreting and refusing to deliver up for payment of his debts. These charges of fraud must be established by proof "to the satisfaction of said court" at a summary hearing, or the debtor would be discharged. If established, he should be remanded to the common jail of the county, there to remain until dis- charged by due course of law.- The act of 1818 with reference to prison bounds, and the one of 1820 for the relief of insolvent debtors were reenacted in 1824 as part of the Revised Laivs.^ Provi- sion was also made, as part of a law subjecting real and personal estate to execution, that any person whose body should be taken in execution could discharge himself therefrom by delivering all the property of which he was possessed, subject to execution, and solemnly swearing that it was all, and that he had neither directly nor in- directly disposed of, transferred, or concealed any of his property, monies, or effects, with an intention to defraud creditors.* ' Laws of Indiana, 1819-20, pp. 144-49, §§ 1-10, 14. ' Ibid., 1822-23, pp. 92-94. ' Pp. 230-34, 310-12. * Revised Laws of Indiana, 1823-24, pp. 192-93. REVIEW OF LEGISLATION 35 Although the act to abolish imprisonment for debt unless for fraud was not included in the revision, it was not expressly repealed. It must have been considered in force, for the next year an act was passed defining the duties of a sheriff upon arresting a judgment debtor on an execution or capias from another county than his own.^ Four years later two statutes were passed, one supple- mentary to the act of 1824 for the relief of insolvent debtors,- and the other amending the act subjecting real and personal estate to execution. The second provided that the oath of a debtor to his schedule of property and his declaration that he had not disposed of, transferred, nor concealed any property to defraud creditors should be taken before some judge or justice of the peace where he might be examined under oath by the creditor or his attorney.^ This provision was reenacted without substan- tial change in 1831 for incorporation in the revision of that year.* At the 1829-30 session, "all soldiers of the revolution- ary war" on the pension list were made "privileged from arrest, or entitled to be discharged from imprisonment from debt hereafter to be contracted," upon proof that they v/ere pensioners, and "the body of each and every soldier of the revolutionary war" being or becoming a citizen of the state, was made "exempt from imprison- ment for debt,"^ which would imply that the act abolish- ing imprisonment for debt except for fraud was not recognized as being in effect. This inference is strength- ened by the enactment, five years later, of "An act to abolish imprisonment for debt in case of females," which provided that no capias or capias ad satisfaciendum should ever be issued in any civil cause against a female, nor should any female be arrested or held to bail in a civil cause unless for contempt of court or upon attach- ^ Laws of Indiana, 1825, pp. 26-29. ' Ibid., 1828-29, p. 61. ' Ibid., 62. * Revised Laws of Indiana, 1830-31, p. 201. " Laws of Indiana, 1829-30, p. 57. 36 INDIANA HISTORICAL COLLECTIONS ment by a court of equity.^ This act was incorporated in the Revised StaUites of 1837-38 as part of Chapter 27, the remaining portion consisting of the act for the relief of insolvent debtors as reenacted in 1831. The act subjecting real and personal property to exe- cution, which set out the provisions for releasing an execution debtor from arrest and imprisonment upon his tiling a verified schedule of all his property with a denial under oath of having transferred or concealed anything with fraudulent intent as above set out, was also included in the Revised Statutes of 1837-38.2 Later it was provided that whenever an execution de- fendant should be in custody upon a writ of capias ad satisfaciendnm he might be ordered discharged without prejudice and a new execution issued to seize his prop- erty, but not more than one such capias for his arrest should be issued.^ At last, after a quarter of a century of statehood, "an act to abolish imprisonment for debt" was enacted, pro- viding that no debtor should be imprisoned except for fraud, that any person held in custody upon civil process should have the benefit of the writ of habeas corpus to inquire whether or not he had been guilty of fraud or of concealing his property, and that "all persons now con- fined in the prison or prison bounds of any county in this State by or under any writ or other restraining proc- ess in any civil case, be . . . discharged."* Even this did not prove final, for when the revised code was adopted the following year the enactment in general terms that no debtor should be imprisoned except for fraud was omitted. While enacting that no female should be imprisoned for any debt on contract, in regard to male debtors it provided that no execution should issue against the body of any execution debtor except after the filing ^ Laws of In-diavn, 1834-35 (general), p. 61. » Pp. 281-83. * Laws of Indiana, 1840-41 (general), p. 125. *Ibid., 1841-42 (general), pp. 68-70. REVIEW OF LEGISLATION 37 of an affidavit charging the debtor (in general terms) with having fraudulently concealed, removed, conveyed, or transferred his property with intent to defraud and delay the complaining creditor, and after a hearing in court similar to a proceeding supplementary to execution as now conducted.^ When the convention met in 1850 to frame a new state constitution, it wrote into the Bill of Rights, as part of the constitution, that "there shall be no imprisonment for debt, except in case of fraud," since which time it has been and now is necessary to prove the fact of fraud as a step preliminary to obtaining the commitment of a debtor to prison upon civil process. Other legislation enacted in 1811 included an act on bounties for the killing of wolves. The existing require- ment that in order to obtain the bounty for killing a wolf the claimant must "produce the head with the ears before a justice of the peace" was modified to permit pajnnent of the bounty upon producing before a justice of the peace "the whole skin of the face of a wolf with the ears entire."^ The amount of bounty was raised from 75 cents to $1.00. The time for holding general elections for members of the territorial legislature and the delegate to Congress was fixed as the first Monday in August, biennially, in- stead of in April.3 Elections continued to be held in August until the adoption of the new constitution in 1851, when the date was changed to the second Tuesday in October.* Thirty years later it was fixed by amendment at the first Tuesday after the first Monday in November, which continues to be the law.^ Voting by ballot was now substituted for oral voting. It was provided that persons should vote by each handing ' Revised Statutes of Indiana, 1842-43, pp. 752 if. ' Post, 222-23. • Post, 225-26. * Art. 2, § 14. ' Bums' Annotated Indiana Statutes, 1926, vol. 1, § 102. 38 INDIANA HISTORICAL COLLECTIONS in "one ticket and no more" containing the names of each candidate voted for, each ticket to be "a written ticket," folded, so that voters should "thus give their votes secretly," and not to be unfolded until the ballot box was opened after the election was over. Payment of a terri- torial or county tax was necessary to qualify one as a voter. Severe penalties were enacted for attempting to control elections by intimidation, bribery, and other frauds,^ Despite these safeguards, there were charges of cor- ruption in the holding of elections. "A Citizen of In- diana" in a letter to the editors of Liberty Hall, a Cin- cinnati newspaper, stated that at the election held in Knox County in 1812 for delegate to Congress, United States troops stationed there were permitted to vote, while a number of French inhabitants were denied the privilege because they had not taken the oath to support the Constitution. The same writer charged that in 1811, when oral voting was used, and Jonathan Jennings and Thomas Randolph were candidates for delegate to Con- gress, the votes of about forty of the French inhabitants who intended to vote for Jennings were placed to a third candidate, unknown in the territory or elsewhere, be- cause they could not plainly pronounce the name "Jen- nings."- An echo of the act of Parliament of 1792 giving de- fendants charged with libel a right to have the jury de- termine both the law and the facts, may be found in the application of a similar principle to "all prosecutions by indictment or information," and not merely to prosecu- tions for libel.-* Delinquent collectors of public revenue were deprived of all benefit of the "Act concerning Executions," passed in 1807, which authorized debtors to procure the release of their property or their bodies when taken in execu- ' Post, 230-31, 234-35. ^Liberty Hall, September 1, 1812. 'Post, 237-38; 32 George III, c. GO. REVIEW OF LEGISLATION 39 tion by giving a bond with sufficient sureties for payment of "the amount of such execution, inchiding all costs, with lawful interest . . . within five months."^ In this connection it may be noted that special acts were passed in 1811 for the relief of many sheriffs against whom taxes were charged which they had not collected and which they had satisfied the legislature they were unable to collect. These included the sheriffs of the coun- ties of Knox and Harrison, of Dearborn, and of Clark, as well as the collector of Knox County.- All of the coun- ties which had been organized more than a year were affected by these acts. It was provided at this session that only those "entitled to the right of suffrage" could be appointed to office, but whether this was aimed at newcomers who had not been in the territory long enough to vote, or those who failed to qualify themselves by paying their taxes, does not appear. Certainly no question had yet arisen of permit- ting women to hold office.^ The width to which public roads should be opened was reduced from sixty-six feet to thirty-three feet, and it was enacted that "all male persons between the age of sixteen and fifty-five years, be . . . obliged and liable to work" on the public roads; the age limits had been eighteen and fifty years.* The number of days that a man could be called upon for road work remained at twelve as fixed by the act of 1807. In that day of no bridges, convenient ferries on streams which could not be forded were indispensable. An act was passed requiring "any ow[n]er or occupier" of an established ferry to keep the banks of the stream "in such repair, that waggons and teams may safely and ' Post, 240 ; Revised Laws of Indiana Territory, 1807, pp. 447-49 (Philbrick ed., 540-42). "Knox and Harrison, post, 220-21; Dearborn, 238-39; Clark, 243-44; collector of Knox, 244-45. ' Post, 246. *Post, 248; Acts of Indiana Territory, 1808, pp. 5-6 (Philbrick ed., 647). 40 INDIANA HISTORICAL COLLECTIONS conveniently pass," under penalty of the fines imposed on supei*visors of highways for neglect of their duty.^ The appropriation bill discloses that $25 was allowed to Parmenas Beckes and $11 to Knox County as rent for the accommodation of the legislature at this session, and $24.75 to Jones and Dubois for the "stationery furnished for the use of both houses."^ The practice of assessing lands every four years dates from this session, a lister in each county being required to set down the name of each landowner, the number of acres owned, and whether it was "first," "second," or "third" rate. A land tax was to be levied for territorial purposes of not more than one cent per acre (one dollar per hundred acres) for first-rate land, a half cent for third-rate land, and three-fourths of a cent for second- rate land, all being considered as second rate until shown to be of less or greater value.^ Notwithstanding the enormous size of the half dozen counties then organized, a witness might be compelled to attend and testify before any justice of the peace in any township of his county, under penalty of being "fined in any sum not exceeding the amount of the debt and damages sued for," if served with a subpoena "at least two days before the trial where the witness resides within thirty miles" of the residence of the justice, plus an addi- tional "day for every twenty miles above that distance."* The justice could only act when not more than $40 was in controversy.^ There were almost no roads in the territory with the exception of bridle paths along the rocky bed of a stream or following a course marked by the buffalo, elk, and other wild game in their migrations, or along a "trace" where the settlers' axes had cut away the underbrush sufficiently so that a person on foot or horseback could push his way through. The compensation for witnesses, ' Post, 252. » Post, 253. • Post, 254 ff. * Post, 264-65. *Post, 271. REVIEW OF LEGISLATION 41 in addition to the consciousness of having performed a public duty, was fixed at twenty-five cents for each day's attendance.^ The principle of taxing bachelors was recognized by the enactment "that all single men above the age of twenty- one years who have no taxable property shall be subject to a poll tax of fifty cents for county purposes."^ As against the tax of $1.00 per year on a hundred-acre farm of first-rate land and less rates for lands of poorer qual- ity, the tax for keeping a billiard table was fixed at $30 per year. Any person "conscientiously scrupulous of bearing arms" could purchase exemption from "militia duty or services in times of peace" by the payment each year of a tax of $5.00.3 The terms of common pleas courts in each county were to continue one week; if the "six days for each term should prove too short" to "compleat" the pending busi- ness, the judges could adjourn to "Monday of the follow- ing week then to set three days and no more," but could not then try jury cases.* Some agitation for the organization of a state govern- ment was displayed at this session. In the memorial to Congress on the subject, it was pointed out that the mon- archical form of government exhibited in the territories was irreconcilable with the principles governing the in- stitutions of the different states of the Union. The con- gressional committee, to whom the petition was referred, reported back a resolution that the territory be admitted into the Union as soon as its population reached thirty- five thousand. Succeeding legislatures were evidently not so eager for statehood as no provision was made for tak- ing a census of the population until 1814.^ ^Revised Laws of Indiana Territory, 1807, p. 358 (Philbrick ed., 475). ' Post, 278. • Post, 281. * Post, 282-83. ° Post, 787-88 ; Annals, 12 Congress, 1 session, 1247. 42 INDIANA HISTORICAL COLLECTIONS Session of 1813 — Development of a Transportation System The first session of the Fourth General Assembly of Indiana Territory convened at the "Borough of Vin- cennes" on February 1, 1813, a little more than a year after adjournment of the preceding session in December, 1811. Harrison, when he prorogued the Assembly of 1811, set the date for their next meeting at Monday, Oc- tober 5, 1812. By that date he was at Fort Defiance, Ohio, in command of the Northwestern Army and plan- ning an attack upon Detroit. Late in December he re- signed his civil oflfice, and it was John Gibson who finally summoned the Fourth Assembly four months after the time set for its meeting. Indian attacks on Fort Wayne, Fort Harrison, near what is now the city of Terre Haute, and the massacre of twenty-two persons at the Pigeon Roost settlement, a few miles south of where Scottsburg now stands — all of which occurred in September, 1812 — together with intermittent raids on other frontier settlements had created a scene of alarm and confusion in the territory. A memorial sent to the president asked for additional United States troops to help protect lives and property.^ A second memorial pointed out that the continual resort to arms of the local militia had prevented lands from being improved or crops ^ Post, 793-95. The secretary of war, in a letter of April 23, 1813, to the president of the Legislative Council and speaker of the House of Representatives, stated that a corps of Rangers would bo organized to replace those whose terms of service were about to expire, that the ranks of the First Regiment, serving on the Mis- sissippi, would be filled, and that two companies of the Twenty- fourth Regiment were on the march to the frontier. Arms and ammunition had been ordered from Pittsburgh, gunboats had been ordered for the Wabash, Illinois, and Missouri, and the de- fense of the territories committed to Brigadier General Howard who would organize and direct their military resources. These measures, in addition to those taken for drawing the attention of the enemy to the defense of Maiden, would, it was hoped, be sufficient to protect the exterior settlements. Military Book, 6:380, Old Records Division, War Department, Washington. REVIEW OF LEGISLATION 43 raised, in consequence of which many settlers were in danger of losing their lands unless Congress extended the time for making payments.^ The second act passed by the Assembly provided for "improving the Navigation of White Water" from the Indiana-Ohio boundary up to the forks at Brookville, and thence up the west branch to the "three forks," probably near where Connersville now stands, then an Indian trading post. A joint resolution was sent to the governor of Ohio soliciting complementary legislation from the assembly of that state to declare the Whitewater navi- gable on their side of the boundary line.- The courts of common pleas of Dearborn and Franklin counties were to appoint a surveyor for each "precinct or division" into which the stream was to be subdivided, and "allot to each a sufficient number of hands of said county who are compelled to work on roads by law, to remove all obstructions in said river, and to keep the same open for navigation." What was meant by "navigation" was in- dicated by the provision that owners of milldams should "erect and keep in complete order slopes and locks suffi- cient for boats to pass commonly called flat bottom boats," and that the workmen were to "clear out all obstructions," and "cut all timber projecting over said stream, that may be necessary, to cut all shrubs of all points and islands, remove all fish-dams or logs, rocks and shoals that may be necessary." In other words, they were to prepare the stream for floating flatboats and bateaux down it in times of flood.^ It would be hard to exaggerate the importance to the settlers in territorial days of the Ohio River and streams flowing into it. Cattle and horses sometimes were driven over the mountains to an eastern market, but at first all merchandise not able to carry itself, if too heavy or too bulky to be loaded on pack horses driven along bridle ' Post, 790-92. * Territorial House Journal, February 18, 1813. ' Post, 298-99. 44 INDIANA HISTORICAL COLLECTIONS paths through the woods, was transported by water on the Ohio River and its tributaries. To a great extent merchandise was carried only downstream, making use of the current as motive power. Furs were carried to the trading posts in canoes, of which the larger ones, pro- pelled by several paddles and capable of carrying many bales of dried skins, were known by the French name of bateaux. Canoe loads of furs were often floated upstream by paddling in still water and dragging the canoes over the ripples by wading or poling. However, products of the forest, such as timber, staves, hoop poles and tan- bark, and of the farms, such as corn, wheat, pork, and (at a later period) hay, could only be carried to market by floating them downstream on the creeks and small rivers in times of flood to the Ohio River, and thence down the Ohio and Mississippi rivers to New Orleans. There the owners of sugar plantations in the West Indies went for supplies of food for themselves and their oxen and horses, and for materials from which to construct barrels and hogsheads, to erect buildings, and to tan hides for leather. Besides, however primitive life in the Ohio Valley may have been. New Orleans already enjoyed a brisk trade, by water, with the cities on the Atlantic coast, then far older than Indianapolis is now, while Havana and other Spanish settlements in the West Indies were even then more than twice that old. During terri- torial days, when the settlements in Indiana were confined to a narrow belt along the Wabash, Ohio, and Whitewater rivers, and no bridges and few milldams had been constructed on any streams large enough to float a canoe, few questions arose as to rights of navigation. The privilege of anybody, to whose door the backwater of the Ohio River might spread, to pole his flatboat down to where the current would bear it toward New Orleans was tacitly acknowledged. But as settlers became more numerous the construction of dams and fences across streams that flowed little water the greater part of the year, and were sometimes entirely dry, but held water REVIEW OF LEGISLATION 45 enough after a hard rain to float a boat loaded with the very meager produce of several backwoods clearings, led to many disputes. Beginning in 1820, acts were passed designating as "public highways," scores of small rivers and smaller creeks across which the traveler now drives without suspecting that they ever served any purpose except for drainage. The first of these acts, besides declaring the Whitewater navigable to a point several miles north of Connersville, and the "Muskakatuck" to the town of Ver- non, was limited to declaring each of many small streams flowing into the Ohio and Wabash rivers navigable as far upstream as the backwater flows in times of flood, which in nearly every instance was to somebody's mill; as. Big Blue River to Fredericksburg, Laughery Creek to "Hartford" (sometimes called Laughery, where a three-story warehouse, long disused, still testifies that the town was once a river port) , Poison Creek to Cummins' Mills, and Little Pigeon to John Barker's Mill.^ Even before this, in authorizing the erection of a bridge across Laughery Creek at "Hanover" (a short- lived town halfway between Hartford and the Ohio River) it had been provided that it must be "constructed in such manner as not to obstruct the navigation of the said Laughery Creek, or prevent the passage of boats of any description at any stage of the water whatever."^ Soon afterward Laughery Creek was declared navi- gable some thirty miles upstream from Hartford, to where it is now crossed (on a little stone bridge) by the turnpike running east from Napoleon toward Man- chester.^ Thirty-six years later we find the legislature still asserting that "Whereas, a large portion of the citizens of Dearborn and Ohio counties . . . depend upon the navigation of . . . Laughery Creek for the safe and speedy transportation of their agricultural and mechani- ^ Laws of Indiana, 1819-20, pp. 58-61. * Ibid., 1818-19, p. 135. • Ibid., 1822-23, pp. 133-34. 46 INDIANA HISTORICAL COLLECTIONS cal products to a good market," that stream "from its confluence with the Ohio River to the town of Hartford" (five miles) is "hereby declared to be a navigable stream."^ At the same time that the statutory navigability of Laughery Creek was extended so far upstream, Big Sand Creek in Jennings County, which did not receive back- water from a river but depended on the flood waters following hard rains for its ability to float boats, was de- clared a "public highway" almost to Gaynorville (five miles south of Greensburg), a distance of twenty-five miles, "Provided, that no person shall be prohibited from erecting mill dams upon the same, if suitable slopes or locks be made to said dams for the safe passage of boats or rafts."- John Conner, the Indian trader, was authorized to erect a dam for a grist- and sawmill "across White River, at the Horse Shoe Bend," about half a mile south of the present city limits of Noblesville, but was forbidden to raise the water "more than three feet above its common level, at a usual stage ; and shall erect a good and sufficient slope in said dam, at least twenty five feet wide, and thirty six feet long, to let boats pass." He was made liable for damages to anybody "injured in the navigation of said river, by means of the erecting of said dam, and the insuflSciency or bad repair of such slope. "-^ Another year brought a codification of the laws already passed and added to the list of streams that were to be considered "public highways" many additional streams, some for only a few miles back from the Ohio River, like "Tanner's creek from its mouth to Blasdel's mill" (near Guilford, where only backwater from the river or flood waters for a few hours after a hard rain ever precludes wading across with rubber boots), and others far inland, such as the West Fork of White River to where Muncie now stands, described as "the Delaware towns," the East ' Laws of Indiana, 1859, p. 121. 'Ibid., 1822-23, p. 142. 'Ibid., 15-18. REVIEW OF LEGISLATION 47 Fork to the present site of Edinburg, and Flatrock to the mouth of Little Flatrock. Crawfordsville was also de- clared to be upon "navigable water" by listing Sugar Creek, at the northwest edge of that city as a public high- way, and the like favor was done to Vernon, the act de- claring the Muscatatuck and its North Fork a public highway to the town of Vernon, where Highway No. 7 now crosses it.^ To "obstruct any stream declared navigable by this act, by falling timber therein, and not removing the same within ten days" was made punishable by a fine not ex- ceeding $3.00. And while milldams "of public utility" might be built across such streams, the builder must "pro- vide, and at all times when such streams are navigable, keep in repair, good and sufficient locks or slopes, of dimension sufficient to secure the safe passage of all such boats, or other crafts, as may navigate said streams," with the exception that slopes were not necessary on dams in White River not exceeding four feet in height.^ Erecting or keeping up "any milldam or other obstruc- tion, calculated to destroy or injure the navigation" of any such stream was made punishable by a fine of not more than $500, nor less than $10, in addition to liabil- ity for damages to the person injured thereby.^ The next year a company was authorized to build a bridge across Tanner's Creek at Lawrenceburg, near its mouth, by a law which made no provision for keeping it open for navigation.* But whether this was because the legislature no longer wished it to be navigated to Blas- del's Mill five miles away, or because it was believed the location of the bridge would require it to be built so high above the water that canoes and flatboats could pass under, does not appear. A "personal" examination of both branches of White River, the East Fork as far as Edinburg, and the West ' Revised Laws of Indiana, 1823-24, p. 401. ' Ibid., 402, §§ 3 and 4. ' Ibid., § 2. * Laws of Indiana, 1825, pp. 40-43. 48 INDIANA HISTORICAL COLLECTIONS Fork almost to Winchester, was ordered to be made by Alexander Ralston (who had recently platted Indianap- olis) , to locate obstructions by driftwood, leaning trees, and other causes, and to make an estimate of the cost of removing them, for which he was to receive "one dollar and fifty cents, for every day, by him necessarily em- ployed."! He began the survey at Sample's Mill in Randolph County (130 miles, by the crooked stream, above Indian- apolis) where the river was thirty feet wide, and floated down the West Fork, 245 miles below Indianapolis. Due to sickness he did not make the survey of the East Fork. In his report on the West Fork, made to the next Gen- eral Assembly, he gave $1,460 as the estimated cost of preparing the river for the navigation of flat-bottomed boats. The most formidable obstruction, he said, was at the upper end of the Owl Prairie (in Daviess County) where the river left its original channel and passed through a drift fifty yards in breadth and from ten to fifteen feet high, through which the smallest craft could not find a way. He recommended preparing the river for low-water navigation between Conner's Mill (near No- blesville) and Indianapolis, which he estimated would cost from two to three hundred dollars. This would enable small rafts of lumber and shingles to float down the river in the summer and fall season when these articles were most in demand in the new capital. - Sugar Creek in Shelby and Johnson counties and Elk Creek in Washington County were added to the waters of which the navigation was to be improved by the work of all persons "subject to road duty, living within three miles on either side." And Blue River, past where Shel- byville now stands, was to be "worked" as a highway in the same manner, as were Laughery Creek to where the state highway between Dillsboro and Indianapolis ' Laws of Indiana, 1825, p. 63. ' Manuscript report in Indiana State Library, dated December 13, 1825. REVIEW OF LEGISLATION 49 crosses it, the Muscatatuck through five counties, up to the town of Vernon, Patoka River in two townships. Flat- rock, Clifty Creek, Haw Creek, and almost the entire length of the East Fork and West Fork of White River. Busseron Creek, near Sullivan and Carlisle, Log Lick and Plumb creeks, near Vevay, Big Indian Creek near Mar- tinsville,^ Lick Creek from its mouth to its junction with Lost River, and the latter from its mouth to the present town of Orangeville, were also added to the public high- ways of the state.- Salt Creek to a point north of where Highway No. 46 crosses it, within a half dozen miles from Nashville, the East Fork of Whitewater for twenty miles north of Brookville, the Blue River as far north as Morristown, where Highway No. 52 now crosses it, the Mississinewa for nearly a hundred miles, to Ridgeville, in Randolph County, and the Brushy Fork of Muscatatuck "to the mouth of Hog Creek, within the county of Scott," were declared public highways at the next session.^ Further provision was made for removing obstructions from the Patoka River and for preventing the obstruction of Laughery Creek with milldams "more than four feet high for at least forty feet in the centre of said creek," so as to permit flat-bottomed boats to glide over.* Sugar Creek, past Amity, Needham, Boggstown, and London, up to Manan's Mill in Moral Township, in Shelby ' Sugar, Elk, Blue, Laws of Indiana, 1825, pp. 72-74; 1825-26, p. 43; Laughery, 1825-26, pp. 44-45; Muscatatuck, ibid., 46; Patoka, ibid., 47; Flatrock, Clifty, Haw, White, ibid., 47-49; Busseron, ibid., 44; Log Lick, Plumb, Big Indian, ibid,, 45. 'Ibid., 46. The apparent discrepancy in this law is explained by the fact that the main stream was formerly called Lick Creek from its source near the present town of Paoli to its junction with White River, while the name Lost River applied to the stream emptying into it near the present town of West Baden. See Colton's Map of Indiana (New York City, N. Y., 1838). ' Salt Creek, Laws of Indiana, 1826-27, p. 43 ; East Fork of Whitewater, ibid., 40; Blue, ibid., 43; Mississinewa, ibid., 41; Brushy Fork of Muscatatuck, ibid., 44. * Patoka, ibid., 43 ; Laughery, ibid., 46. 5—49011 50 INDIANA HISTORICAL COLLECTIONS County, east of Pleasant View, was added the next year to the Blue River public highway, for the improvement of which the commissioners were "authorized and required to call out all the hands living within three quarters of a mile on either side of said creek, to work two days in each year."^ Sums of money were appropriated for removing drift- wood, snags, and other obstructions from each of the fol- lowing: the East Fork of \Vhite River, the West Fork below "Andersontown," the Wabash, the Patoka, the Big Blue (across Harrison County), and Laughery Creek in Ripley and Dearborn counties. The amounts ranged from $100 for use on Laughery Creek in Ripley County, and $300 on the Big Blue, below Fredericksburg, to $1,000 each for the two forks of White River and $2,000 for im- proving the Wabash.2 Black [Maria] Creek, north of Vincennes, Indian Creek in Martin County, Bean Blossom to its junction with Griffith's Creek, three miles north of Bloomington, Twin Creek in Washington County to "Duskill's mill,"^ and Eel River as far up as "Croy's Mill" in Putnam County,* were added to the public highways in 1829. Little Pigeon Creek, from Steel's Mill to its mouth (be- tween Warrick and Spencer counties), was the only high- way added in 1830 to the system of waterways which Nature had failed to make navigable, but which the As- sembly attempted to make so by statute. The legal navi- gability of the Mississinewa River was extended clear across Randolph County to the Ohio state line north of Union City; but it was enacted that the Big Vermilion (flowing southeast from Danville, Illinois) and the St. Mary's (flowing from Ohio, past Decatur to Fort Wayne) should not be deemed navigable streams within the Ordi- ' Laws of Indiana, 1827-28, pp. 61-62. » Ibid., 62-63. • Ibid., 1828-29, p. 80. * Ibid., 78. REVIEW OF LEGISLATION 51 nance of 1787 ; and the provision that Twin Creek should be a public highway was expressly repealed.^ Appropriations were made of from $100 to $300 "out of the three per cent, fund," to improve the navigation of each of the streams of Lick Creek, Lost River, Salt Creek, Muscatatuck, Whitewater up to the forks, and each of its branches above there, and Big Creek in Posey County.2 And $4,528.52 was directed to be expended for "improving the navigation" of the Wabash River, "at the Grand Rapids" and at the "Little Rocky Ripple" farther downstream, and at such other points as "present the most serious obstructions to steam boat navigation." Also, $300 was appropriated to remove obstructions to the navigation of Eel River, and $150 for the improve- ment of Busseron Creek in Sullivan County.^ By way of comparison — Congress is now being urged to appropriate $18,000,000 for expenditure on the Wa- bash River alone, chiefly in the matter of flood control, and with no thought of preparing the river for passage of boats on continuous trips above Terre Haute, at the farthest. The legislation passed at the 1829-30 session practically ended attempts to make navigable waterways out of creeks and rivulets with no water except when it rained. At the next session an act was passed which grouped under the declaration that "the following streams shall be declared public highways," a list of the many streams which had been named in prior acts.* A few amendatory acts were afterward passed,^ but except for adding to the list of streams enumerated in the above act Salt Creek to the junction of Muddy Fork and Muddy Fork to Willey's Mill (without even naming 'Little Pigeon, ibid., 1829-30, p. 97; Mississinewa, ibid., 94; Big Vermilion, St. Mary's, ibid., 94; Twin Creek, ibid., 93. ' Ibid., 95-96. 'Wabash, ibid., 98; Eel, ibid., 99; Busseron, ibid., 100. *Ibid., 1830-31 (special), pp. 95-96. 'Ibid., 1833-34, pp. 172-73; 1843-44 (general), p. 75. 52 INDIANA HISTORICAL COLLECTIONS the county where they were located), and White Creek from its junction with the East Fork of White River to the iirst principal forks north of the line dividing Jack- son and Bartholomew counties, and a final act declaring Sugar Creek a public highway from its junction with the Wabash River, north of Montezuma, across Parke and Montgomery counties almost to Thorntown, and com- manding that it be kept free from drift and other ob- structions by the labor of those liable to work on the roads, this kind of legislation was at an end.^ The incorporation of the Whitewater Canal Company in 1826- had been followed two years later by the incorpo- ration of a company to build a turnpike from Indianap- olis through Brookville to Harrison, on the way toward Cincinnati (now Highway No. 52), with tollgates every ten miles,^ and the appointment of commissioners to build a canal connecting "the navigable waters of the Wabash river with the navigable waters of the Miami of Lake Erie" (the Maumee River) .^ In 1830, three acts were passed incorporating turnpike companies. One company was to construct "an artificial road of wood, stone, gravel, or other proper or convenient materials" so as to secure a firm surface, with bridges over all streams "except across the two White rivers," where ferries were to be used, leading from New Albany through Paoli (now U.S. Highway No. 150), and on through Washington to Vincennes (now U. S. Highway No. 50) .= Another was formed to build a like toll road from Richmond southeast connecting at the state line with a turnpike to be built in Ohio through Rossville to Ham- ilton.® The third company was to build one from College ' Salt Creek and Muddy Fork, Laws of Indiana, 1834-35 (gen- eral), p. 80; White Creek, 1833-34, p. 173; Sugar Creek, 1842-43 (general), pp. 111-13. 'Ibid., 1825-26, pp. 29-36; 1826-27, p. 28. 'Ibid., 1827-28, pp. 47-55. *Ibid., 10-12; 1828-29, pp. 13-15. • Ibid., 1829-30, pp. 60-69. •76id., 70-81. REVIEW OF LEGISLATION 53 Corner northwest to Liberty (now U. S. Highway No. 27), through Brownsville, and thence by way of Milton "to some convenient point on the National Road" (not then constructed, but laid out afterward through what became Cambridge City, two miles north of Milton) .^ From that time forward for twenty years, and until the new constitution forbade granting special charters, every session of the legislature saw the incorporation of a large number of companies to build highway improve- ments of plank, stone, or gravel, with authority to main- tain tollgates and charge rates for traveling over them which would now be regarded as prohibitive, notwith- standing little was done for the comfort of the traveler except to provide that he should not mire down in bot- tomless mud. Almost from the time of making the first settlements, the locating and opening of roads had devolved on the local officers of counties and townships. But beginning in 1820 there had been a veritable flood of bills, estab- lishing state roads that extended across or into more than a single county, and led from one important town to another, somewhat like our present system of state high- ways, except that no provision was made for improving or maintaining them at the expense of the state. The first of these acts authorized different sets of com- missioners to "locate, and lay out, a permanent road in the nearest direction and on the best ground" over each of twenty-five routes, connecting places then of impor- tance, aggregating some fifteen hundred miles in length. A number of these roads were over routes now followed by state highways, including roads radiating from In- dianapolis to Brookville, to Lawrenceburg, and to Madi- son. Three of them led from Brownstown, extending to Bloomington, to Madison, and through Lexington to Bethlehem, in Clark County. Nor were Brownstown and Bethlehem the only towns apparently of greater relative importance then than now. The list of towns not county • Ibid., 82-84. 54 INDIANA HISTORICAL COLLECTIONS seats that are still on the map, to or through which state roads were ordered located, included Napoleon, Harmony, Springfield, Fredericksburg, Fairfield, and Dunlapsville. While McDonald's Ferry (Clark County), the "Poke Patch" (Warrick County), named in locating two roads. Mount Sterling (Crawford County), Sandersville (Van- derburgh County), also on two roads, Salisbury (Wayne County), Abraham Bosley's (Orange County), Hindo- stan (Martin County), and New London ("on the Ohio River" below Madison) are not shown on any map to which I have access. Most of these roads w^ere in the southern part of the state and only one was to extend farther north than "to the Seat of Government." It was to be laid out from Lawrenceburg, on the Ohio River, through Brookville, Connersville, and Centerville, to Win- chester.^ Two years later the state definitely embarked upon the system of public improvements that finally bankrupted the treasury. It appropriated $100,000 of the "three per cent, fund, due from the Government of the United States, to this state, arising from the sales of public lands in this state," to be used in "clearing out" the several state roads to the width (in most cases) of forty feet, taking off "all timber even with the ground ; except such as are eighteen inches [in diameter] and upwards, which shall be cut at the usual height of twelve inches."^ As these roads, more than twenty in number, aggre- gated more than 1,500 miles in length, the average ap- propriation was less than $70 per mile, though the amounts appropriated varied between less than $40 per mile ($1,000 for 26 miles of road) between Rising Sun and Versailles, to more than $83 ($3,166.62i/o for 38 miles) between Versailles and Vevay, no doubt depend- ing, in part, upon how much had already been done by the local officers toward cutting the trees and opening a way for travel. These roads extended from Indianapolis ^Law8 of Indiana, 1819-20, pp. 97-112. ' Ibid., 1821-22, p. 152, § 1, p. 164, § 29, p. 167, § 36. REVIEW OF LEGISLATION 55 to the Ohio River at Evansville (by way of Terre Haute), "Mock's Ferry" (south of Corydon), Madison, Vevay, and Lawrenceburg, respectively, and down through Brookville toward Cincinnati, west across the state from Richmond to Terre Haute, and from New Albany to Vincennes. For the most part they were the same routes that had been ordered marked two years before, but they were to pass through Merom, Owingville, Portersville, Mauck's Ferry, Bono, Terre Haute, Petersburg, and other towns, that the earlier law had not required them to reach.^ The next session of the legislature provided for sev- eral additional state roads^ for completing the locating and opening of some already established,^ and for length- ening and relocating others.* These included a new road from Terre Haute to Fort Wayne, by way of Crawfords- ville,^ and the lengthening of the Lawrenceburg, Brook- ville, and Winchester road to reach Fort Wayne, which now for the first time claimed the attention of the law- makers." Additional roads connecting distant points were estab- lished by acts passed at each session of the legislature, and hauling in wagons between Lawrenceburg, Madison, and other places along the Ohio River, and towns in the interior as far away as Bloomington, Indianapolis, and even Crawfordsville, largely superseded the use of boats on the small creeks that could be navigated only after a hard rain. At the session of 1831-32, the legislature passed eight acts incorporating as many railroad companies, author- ized, respectively, to construct railroads on which to oper- ate carriages propelled by steam or other power between Lawrenceburg and Indianapolis, between Madison and ^Ibid., pp. 152-61. ' Ibid., 1822-23, pp. 24-25, 57-61, 68-70, 127-28. ' Ibid., 105-7, 131-32, *Ibid., 31-33, 43-44, 70-72, 72-74, 75-76, 77, 111-12. ° Ibid., 127-28. • Ibid., 43-44. 56 INDIANA HISTORICAL COLLECTIONS Lafayette by way of Indianapolis, between a point "at or near the falls of the Oliio" and Lafayette, from Lafayette to Trail Creek (Michigan City), from Indianapolis to the state line at Harrison (toward Cincinnati), from New Albany, through Columbus, to Indianapolis, and beyond, from Richmond to the state line, to be continued on through Eaton to some point on the Miami Canal south of Dayton, and from Jeffersonville to Indianapolis, by way of Columbus.^ It was years before any of these rail- roads were built but their incorporation ended the at- tempts to make highways of little streams with little or no water. The attempt to legislate navigability into creeks and rivulets to which Nature had denied both depth and volume was at an end, but while it lasted it was a picturesque feature of pioneer life. To return to the legislature that convened February 1, 1813, the law for licensing taverns and regulating the sale of spirits, strong water, wine, beer, ale or cider, which had forbidden unlicensed persons to sell "Beer, Ale or Cider, by any quantity less than two gallons," though permitting wine, rum, brandy, and other spirits in amounts of one quart or more to be sold,^ was amended at this time to provide that "any person or persons shall hereafter be permitted to sell beer, ale or cider in quan- tity as small as one quart."^ Annual taxes imposed for the use of the county were as follows: each slave or servant of color above twelve years of age, $2.00; each retail store and tavern, $20; each billiard table, $50; each stallion the amount of one season's charge; each town lot, 50 cents per $100 of its value. County courts might lay two additional taxes: on each horse, 37V1> cents; on land, at not to exceed half the rate of the territorial land tax. The territory re- ceived a land tax of 75 cents per hundred acres for first- rate land, 50 cents, for second-rate, and 25 cents for ' Laws of Indiana, 1831-32, pp. 173-236. 'Revised Laws of Indiana Territory, 1807, pp. 87-92 (Philbrick ed., 284-88). • Post, 302. REVIEW OF LEGISLATION 57 third-rate land; a tax on ferries of not more than $10; and a tax not exceeding 371/^ cents on every horse, mare, mule, or ass.^ A study of some of the county records shows varia- tions in the tax rates. In Franklin County, at a court held August 17, 1813, the following taxes were levied for the use of the county: every slave or servant of color above the age of twelve, $2.00 ; every horse, mare, mule, or ass, except covering horses, 371/^ cents ; every covering horse, the rate of the season; all town lots, 50 cents on every $100 of their value. In addition, a tax of $3.00 on free male persons of color between the ages of twenty- one and fifty-five was imposed at the August term, 1814.2 The record of a court held in Jefferson County, August 11, 1813, contains an estimate of the taxes due the county : 6 black servants, $12; 6 stud horses, $11.58; 840 horses at 25 cents each, $210.50; town lots to value of $10,695 at one-half per cent, $53.45 ; 7,469 acres of first-rate land at 371/2 cents per 100 acres, $27.94 ; 42,057 acres of sec- ond-rate land at 25 cents per 100 acres, $118; 5,413 acres of third-rate land at I21/2 cents per 100 acres, $6.79. Seven ferries, taxed from $3.00 to $7.00 each, should bring in $27, making a total of $467.26. The official who made iip the estimate was not infallible in his use of the multiplication table, and overestimated by $13.38, or al- most 3 per cent, the proper total for the county. In both counties, taxes on taverns were collected at the time per- mission was granted for their operation. During this same year, 1813, the court of Jefferson County allowed the following claims against the county : 35 wolf scalps, $34.75; election expenses for 1812 and 1813, $26.76; sala- ries, $317.50; coroner and inquest, $10.50; advertising, $1.00 ; wages, $3,621/2 ; rent of court room, $5.00 ; supplies, $3.56 ; overcharge on taxes the previous year, $1.50 ; list- ' Post, 310, 312. ' Minute Book of the Court of Common Pleas of Franklin County, Indiana Territory, August 17, 1813, August 19, 1814. 58 INDIANA HISTORICAL COLLECTIONS ing taxable property, $30; credit allowed sheriff for de- linquent taxes, $1.50.^ Sales for taxes might be advertised in some public newspaper either in Indiana Territory or in Kentucky (at Louisville) or Ohio (at Cincinnati) on the most reason- able terms to be obtained by the sheriff.^ A pauper entitled to prosecute or defend an act as a poor person was defined as one who could show upon oath that he was "not worth in property, clear of all debts, ten dollars," and considered himself "unable either by industry or otherwise, to procure a sufficiency of money to carry on or defend said suit."^ A sort of scrip was provided for, to be issued by the territorial or county auditor to persons having claims against the territory or the county, which the officers charged with the collection of taxes were forbidden to receive at less than its face value, under penalty of being fined not more than $100 nor less than $50.* That portion of Knox County south of the East Fork of Wliite River, embracing what now constitutes seven counties and parts of two more, was subdivided into the counties of Gibson and Warrick. It was provided that until county seats should be located and public buildings provided, the courts of common pleas of Warrick County should be "held at the house of Baily Anderson," and of Gibson County "at the house of William Harrington," the locations not being otherwise given.^ Dearborn County was empowered to levy, for a single year, "for the purpose of settling and paying up all old or unsettled claims against the said county," a tax of 121/2 cents (a Spanish "bit") on each free white man of twenty-one years and over, one-half per cent on the value of each town lot, and 25 cents on each one hundred acres of land.® * Civil Order Book, Jefferson Circuit Court, August 11 and November 29, 1813. ' Po!^t, 320. • Post, 304. * Post, 330 ff. » Post, 348-50. 'Post, 350-51. REVIEW OF LEGISLATION 59 The divorce law enacted at this session indicates that husbands dominated by their wives were not numerous enough at that early date for their needs to appeal strongly to the legislators. Neither did the General As- sembly consider minor grievances as just cause for di- vorce, however inconvenient the marriage tie might be- come. Provision was made for granting a divorce by decree of the general court or a circuit court, operative only in favor of the innocent party and leaving the guilty party still bound, in case either husband or wife should be convicted of a felony, or should commit adultery, or in case of abandonment by the wife for three years, or by the husband for two years, or in case the husband's treatment of his wife "is so cruel, barbarous and inhu- man as actually to endanger her life."^ Mark Barnett was paid $50 "for rent of two rooms for the use of both houses of the legislature during the present session [five weeks], as also for firewood fur- nished for the same."2 The court of chancery was to be abolished "so soon as the suits which are now commenced . . . shall be carried to final judgment and execution," the governor "to ap- point two additional Chancellors" who, together with the one already in office should "receive as a compensation, each, fifty dollars per annum," until said suits were fin- ished.^ Session of 1813-14 — Militia Law — Reapportionment The Fourth General Assembly reconvened on the sixth of December, 1813, at Corydon, the new capital.* Only two months earlier the Battle of the Thames had been fought (October 5, 1813) in Canada, not far from De- troit, and won by an army largely composed of western militia under the command of General Harrison. ^Post, 356-58. 'Post, 359. *Post, 365-66. * See ante, 24-26, for a discussion of the legislation incident to the removal of the capital. 60 INDIANA HISTORICAL COLLECTIONS Governor Thomas Posey, in his first message to the General Assembly, pointed out the immediate need of a revised militia law. The new act, approved on January 3, 1814, ran to more than sixty pages, and was printed as Chapter I of the Laws, with its owti index. Five hun- dred copies were ordered separately printed. It required that each boy on reaching the age of eighteen years, and each man up to the age of forty-five, should enroll in a militia company, and should "provide himself with a good musket and bayonet, fusee, or rifle, a knapsack and blanket, and two spare flints, a pouch with a box therein to contain not less than twenty-four cart- ridges ... or pouch and powder horn, with twen- ty-four balls . . . and a quarter of a pound of powder; and . . . shall so appear armed and accourtred and pro- vided when called on." This equipment was to be exempt from taxes and from execution for debt or rent.^ Per- sons exempted from militia duty were ferrymen on post roads, regularly licensed ministers of the gospel, and, in "time of peace," those conscientiously scrupulous of bear- ing arms. The latter were required to pay $5.00 annually for their exemption. ^ Each company was to consist of sixty men or, in case of necessity, from forty to eighty rank and file ; four to seven companies were to constitute a battalion, two bat- talions a regiment, two to eight regiments a brigade, and two to four brigades a division. In case of the for- mation of a new company the members had the privi- lege of electing their captain, lieutenants, and ensigns.^ ^Post, 373-74. =Po.st, 391-92. *Post, 375, 376-77. On February 17, 1814, Governor Posey re- ported that the annual return of the militia showed a total of 5,017, a number which he thought sufficient to form three divisions, six brigades, and twelve regiments. A major general to each divi- sion and a brigadier general to each brigade were to be appointed by the president and Senate after nomination by the governor. Heretofore there had been no appointments to these offices in Indiana Territory, the militia serving under officers from Ken- tucky. On May 12, 1814, Posey forwarded to the secretary of REVIEW OF LEGISLATION 61 No uniforms were prescribed for the militiamen below the rank of brigadiers and major generals; but it was enacted that those officers "when they, or either of them, shall appear on any parade days or muster, [they] shall be in uniform, with a French military hat, blue cloth coat turned up with buff or scarlet, with gold epaulettes, white small clothes or buff, also boats [boots] and spurs."^ Every company was to muster twice a year, on the first Saturday of April and of September, besides turning out with the other companies of its battalion on an addi- tional Saturday in April, and with all the companies of its regiment on a Saturday in September (the Saturdays being allotted to the several battalions and regiments by their numbers). Regimental drills were to continue "from ten o'clock A.M. until three P.M."^ At other musters the men and officers were not required to ap- pear until 11 :00 A.M. and roll call was to be at 11 :30.^ The commandants of companies were to make returns to the majors on the days of the battalion and regimental musters. The following report, made by Benjamin Bo- gard of Harrison County in 1814 or 1815, is no doubt typical :* 'Post, 379. 'Post, 384. 'Post, 389. Dr. Logan Esarey describes these musters as "the chief social occasions for the neighborhood. The families of the men attended, a dinner, preferably a barbecue, being served. The young folks spent the days in dancing, while the elders of the com- munity talked over affairs of common interest, usually politics." A History of Indiana from Its Exploration to 1850, 1:189 (Fort Wayne, 1924). * John Tipton Papers, 51, in Indiana State Library. war nominations for three major generals and six brigadier gen- erals, but later learned that only one major general and two brigadier generals would be appointed. Finally, on January 15, 1816, the appointments for Joseph Bartholomew as major general, and James Dill and Walter Wilson as brigadier generals, were sent to the Senate where they were confirmed two days later. Esarey (ed.). Messages and Letters of Harrison, 2:630, 648-49, 685; U. S. Senate, Executive Journal, 3:23, 24. 62 INDIANA HISTORICAL COLLECTIONS 1 Captain Commisoned officers 1 Leutennant 1 Ensighn 4 Serjents o if CO Cfi ft) 4 Corporals 1 Drummer 1 Fifer 66 Rank & File 74 guns > p > o o C •-! 3 n Coulars 3 Soards 74 Powder horns and Shot Pouches 74 Sapar Flints 17 Pounds of Powder 294 Loose Balls "I Do Certify the above to Be A true Stateme[nt] of the Strenth and Situation of My Company Benjamin Bogard Cap*- "To Major Zenor of the 2 Battalion 5 Regimen of the Indiana Melitia" The commandant of a battalion or regiment could ex- cuse a company from going more than fifteen miles (on REVIEW OF LEGISLATION 63 foot, usually) to attend regimental or battalion drill, per- mitting them to drill at home on their own muster field.* Any bystander who should "insult, or otherwise molest, any officer or soldier" at a muster was punishable by being "put under guard, for any time not exceeding six hours."^ Fines were imposed in graduated amounts for neglect of duty, ranging from 25 cents for failure of a private soldier to bring a sufficient musket, rifle, or fusee to a company muster, 371/2 cents for failing to come so armed to a battalion or regimental muster, and 12 1/^ cents for omitting to bring either a cartridge box or powder horn and bullet pouch to a regimental muster, up to not less than $20 nor more than $200 for neglect of duty by a major general.^ For the time devoted to military service the adjutant general was to receive $25 per year in times of peace and $50 in times of war ; the brigade inspector, $5.00 per year for each battalion in his brigade (usually six), and les- ser members of the force, such as paymasters, musicians, clerks, etc., "such compensation ... as the regimental courts of enquiry may from time to time think proper."* An "Act for the regulation of the town of Brookville" appointed a board of trustees to serve until their suc- cessors should be elected a year later, with power to im- pose annual taxes not exceeding $1.50 on any property owner (regardless of what he owned), and not exceeding 75 cents on any citizen "who has no visible property." Property in the town owned by nonresidents could be taxed at its value, "in proportion as the citizens of said town are taxed." The trustees were also authorized to enact and enforce by-laws, some of which indicate the primitive conditions in the "towns" then being formed in the depths of almost unbroken forests. For example, "the trustees of said town shall have full power and au- thority to enact by-laws to prevent shooting at a mark 'Post, 386, §21. 'Post, 390, §27. » Post, 392-95, § 33. * Post, 402, § 40. 64 INDIANA HISTORICAL COLLECTIONS or for sport, running or racing horses, within such parts of the streets, alleys, inlots, or within any part of the public square in said town, as the trustees may desig- nate."^ The same language was contained in the acts afterward passed for the regulation of the towns of Lex- ington and Salisbury.^ The trustees of the town of Brookville were also given "power to keep in good repair the public well in the said town," at the expense of residents on the "high ground" who drew water from it, and to impose penalties for in- terfering with it.^ Notwithstanding the law enacted at the previous ses- sion authorizing the general court and circuit courts to grant divorces, three divorces by legislative act were granted at this session : David Barker was divorced from his wife Paulina (nee Moshier) "as if the said contract of marriage had never been entered into";* Arrabella Davison was divorced from Daniel, and declared "as com- pletely freed from the bonds of matrimony as if she had never contracted them";^ and Elizabeth Green (nee Pur- cell) was likewise "completely freed from the bonds of matrimony contracted" with her husband, Jonah, because "sufficient evidence has been produced . . . that Jonah Green has abandoned, for some years, his wife . . . and her three children, to penury and want, and has otherwise ill-treated her by words and blows."^ The causes for which the other two divorces were granted do not appear. All members of the General Assembly, all administra- tive and judicial officers, and all attorneys at law in the territory were required to take an oath that they had not given, accepted, or knowingly carried a challenge to fight a duel, and would not do so while in office; a refusal on the part of the first three to take this oath would result in vacating their offices "as if they had resigned," while attorneys who failed to do so could not practice in the 'Post, 437-38, 440. 'Post, 624, G69. * Post, 441. *Post, 431. 'Post, 458-59. *Post, 472-73. REVIEW OF LEGISLATION 65 courts.^ Taking a false oath as to such facts was made punishable as perjury.^ The county of Washington was created out of parts of Clark, Harrison, and Jefferson counties, making the total number of counties ten.^ To take care of the new counties a reapportionment act was passed giving to each of the ten counties a single representative.* An act to prevent malicious prosecutions required that the names of witnesses who should voluntarily appear before the grand jury and procure the return of an in- dictment should be indorsed on it, making them liable for costs if the court should decide that there was no prob- able cause for the prosecution.^ Distrust of the territorial judges (appointed by the president) and of the local justices is evidenced by a provision that if an exception was taken to the "opinion or judgment" of any court of record upon the hearing of any case, and the court should "refuse to sign said bill of exception," the party might procure it to be "signed by two or more of the by-standers, who are privy to the subject matter of the said bill," and thus make it a part of the record.* The "Act re-organizing the Courts of Justice" contained the provision "that no practising physician shall in fu- ture be eligible to act as a judge of the superior or infe- rior courts of record within this territoiy," under penalty of $500, intended perhaps to prevent any conflict between medical and court duties.'' This act purported to create three circuits, each to be presided over by one of the territorial judges, with three associates for each county appointed and commissioned by the governor. The judges appointed by the president denied the power of the territorial legislature to intrude upon their jurisdiction, and the law never became fully ' Post, 442-43. ' Post, 444, § 6. *Post, 446-48. *Post, 454-56. ' Post, 448-49. • Post, 457, § 4. ' Post, 480, § 17. 6-49011 66 INDIANA HISTORICAL COLLECTIONS effective.^ The members of the legislature had antici- pated this difficulty and sought to get around it by ask- ing Congress to pass a law making it the duty of the territorial judges to perform such services as the legis- lature might require.^ A bill was introduced in Congress to define more explicitly the duties of the territorial judges, but it failed to pass and its provisions are not known. ^ Every male person over sixteen years of age, whether white or colored, bond or free, was now made "subject to work on roads and public highways" unless exempted by order of court "on account of their entire disability," parents and masters being held responsible for any "non- attendance of minors, or servants."* At this session the legislature continued the never end- ing task of combating election frauds. The judges of the circuit courts were to appoint an inspector for each elec- tion district who should choose two other inspectors; the inspector appointed must either serve or forfeit $50. * The court records for the counties of Knox and Warrick show that no courts were held there at the May and August terms in 1814. In Washington County the records show that meetings of the court were held in March, April, and May, 1814, with the asso- ciate judges present but no presiding judge. Governor Posey, in his message to the next Assembly, stated: "Some of the courts have been partially organized, and in some counties there has been no court established under the present law, and none of the courts have proceeded to do business considered of any material conse- quence." Post, 475, § 3; Monks, Leander J., Esarey, Logan, and Shockley, Ernest V. (eds.), Courts and Lawyers of Indiana, 1:47-49 (Indianapolis, 1916) ; Biographical and Historical Souvenir for the Counties of Clark . . . Washington, 174 (John M. Gresham & Co., Chicago, 1889) ; History of Warrick, Spencer and Perry Counties, Indiana . . ., pt. 1:63 (Goodspeed, publishers, Chicago, 1885); History of Knox and Daviess Counties, Indiana . . ., pt. 1:183 (Goodspeed Publishing Co., Chicago, 1886); Esarey (ed.), Mes- sages and Letters, 2:657-58. *Post, 801-2. 'Annals, 13 Congress, 1 and 2 sessions, 1123, 1244, 1865, 1877, 2002. *Post, 481. REVIEW OF LEGISLATION 67 The provision of the federal law passed in 1811, that only- free white males over twenty-one years of age who should have resided in the territory a year and have paid a county or territorial tax could vote, was reiterated, with the additional statement that any free white male per- son having a freehold and residing in the territory could vote for members of the General Assembly and the dele- gate to Congress.^ Since these officers were the only elective ones, it is not clear just what was the purpose of this qualifying statement. The territory had no power to widen the suffrage beyond the provisions in the federal law. Restoration of oral voting was a feature of the law. The poll keepers (clerks) were "to enter the name of all voters in columns under the names of the person or per- sons for whom they respectively vote." "The manner of voting shall be ... to approach the bar, in the election room, and ... in an audible voice ... to mention by name the person or persons [voted for] . . . and the poll keepers shall enter his vote accordingly, and then he shall withdraw." And "every elector shall vote once, and no more."2 This provision for oral voting, borrowed from the laws of Kentucky, which continued in force there almost to the beginning of a new century (and as to municipal elections, even beyond that period), was re- pealed at the first session of the legislature under the newly organized state government, and voting by ballot was substituted.^ Penalties were imposed for violating the provision that "no candidate, or other person for him, shall attempt to obtain votes by bribery, or treating with meat or drink," or making a "sham conveyance of land title, or lease of land" to give any person apparent qualifications as a voter.* * Post, 488-89, §§ 1 and 2. ^Post, 489-90, §§4 and 5. ' Laws of Indiana, 1816-17, p. 87, § 8. * Post, 492, § 9. 68 INDIANA HISTORICAL COLLECTIONS There had been no reapportionment of the territory for the election of members of the upper house since 1809. The number of counties had doubled since then and unless a reapportionment were made prior to the election of councilors in August, 1814, half of the terri- tory would be unrepresented in the Council. Governor Posey, believing that the federal law of 1809 under which Governor Harrison had divided the territory into five districts for the election of councilors permitted him to do likewise, made a reapportionment. The Legislative Council protested his action in a resolution to Congress and the committee appointed to consider the matter re- ported that the law of 1809 was a special act and could not apply after once used. It was the opinion of the committee that the House of Representatives should re- district the territory and a bill was introduced and passed for that purpose.^ Governor Posey then called the House of Representatives of the territory to meet in special session on June 1, 1814. A resolution was passed group- ing the ten counties into five districts as follows : Knox and Washington, Harrison and Clark, Gibson and War- rick, Franklin and Wayne, Dearborn and Jefferson.'^ Session of 1814 — Reorganization of Judiciary The failure of Congress to act favorably upon the peti- tion asking that the territorial judges be required to sub- mit to the authority of the legislature in putting into effect the act reorganizing the courts of justice caused Governor Posey to call the legislature into session on Au- gust 15, 1814, instead of the first Monday in December as provided at the previous session. A bill establishing circuit courts was introduced immediately upon the con- ' Report of the Committee appointed on the Fifth Inst an t, on the Resolution of the Legislative Council of the Indiana Territoi'y, protesting against the subdivision, by the governor, of that Terri- tory into Election Districts. February 11, 1814 (Washington, 1814) ; Ajinals, 13 Congress, 2 session, 2798. ' The resolution is printed in the Vincennes Western Sun, June 18, 1814. REVIEW OF LEGISLATION 69 vening of the legislature and fifteen days later it was approved. This act divided the counties into three cir- cuits, each to be presided over by a circuit judge ap- pointed and commissioned by the governor, to hold office during good behavior, at a salary of $700 per year. In each county two associate judges, to be appointed in the same manner for like terms, were to assist in holding court and receive "two dollars for each and every day they shall serve in court and no more." The circuit judge and at least one associate judge were required to sit to- gether to "try any criminal offence the punishment whereof shall extend to life, limb or imprisonment for two years." These courts were to have jurisdiction in all criminal matters, and in the extraordinary writs of mandamus, dower, certiorari, partition, view, quo war- ranto, habeas corpus, error coram nobis, replevin, and ne exeat.^ The rules of practice governing courts in the Third District, entered in the Minute Book for the Court of Common Pleas of Franklin County, 1813-14, under date of October 10 and 11, 1814, at a circuit court held in the courthouse of Franklin County, illustrate how the busi- ness of the courts was conducted. "1. Attorneys in managing business shall keep them- selves within the Barr. "2. All motions shall be made in the morning before entering upon the docket, and not afterwards except as necessarily arise. "3. Not more than one council on each side will be heard in argument upon any motion. "4. Not more than two councils on each side will be permitted to argue a cause to the jury, except the same shall appear to the court to be of more than ordinary importance. "5. All motions for continuances and new trials grounded upon fact shall be supported by affidavit and decided without argument. 'Post, 517 ff. 70 INDIANA HISTORICAL COLLECTIONS "6. When a cause is regularly called and postponed by consent of the parties, the same shall not be called again until) the docket is gone through; and upon sec- ond calling shall not be continued for any ordinary cause of continuance arising posterior to postponement. "7. No time will be given to draw a plea after cause is called for trial, provided the declaration was on file in sufficient time for putting in plea on the rules. "8. No agreement of the Barr will be regarded by the court unless the same is on record, or assented to by each party. "9. Each cause when called in order, must be imme- diately entered upon for trial, continued, postponed by consent of parties, or placed at foot of docket by plain- tiff. "10. No motion in arrest of judgment or for a new trial will be heard after expiration of three days from rendering of verdict except cause for new trial shall have been discovered after expiration of that period. "11. In no cause shall more than one attorney be per- mitted to speak on the closing argument. "12. \Vlienever a suit is commenced by a non-resident or by a person resident not a freeholder and no bond is filed in clerk's office at time suit is instituted for costs, the suit shall be dismissed unless bond shall be filed by the last day of the court to which the writ is returnable." To do away with the confessed "collision and jarring" between the Assembly and the judiciary, Congress was asked to define more specifically the powers and juris- diction of the judges of the general court.^ It was pointed out that under the existing law one of the judges was competent to hold a court and decide a principle or point of law, but at the next term, if the other two judges were present they might reverse the decision of the first judge, thus creating confusion. No federal provision had ever been made as to where and when courts were to be held, or in what manner they were to conduct their business. ^Po8t, 808-10. REVIEW OF LEGISLATION 71 Equally necessary was some definition of the term "com- mon law jurisdiction," used in the Ordinance of 1787. In response to this memorial Congress passed an act set- ting the time for the meeting of the general court and providing that it be composed of at least two judges.^ In the short time remaining before the territory be- came a state, no clash between the federal judges ap- pointed by the president and the new judges appointed by the governor is known to have occurred. The Constitu- tion of 1816 provided that all laws together with "all rights, suits, actions, prosecutions, recognizances, con- tracts, and claims," should continue as if no change had taken place in the government.^ A new act very similar to the territorial one, creating circuit courts similarly constituted, with like powers, to which all matters "civil and criminal . . . depending in the present circuit court, as established by, and under the late territorial govern- ment" were expressly transferred, was one of the first acts passed by the legislature of the new state.^ In September, 1814, an act was passed by which Posey County was created, embracing the territory between the Wabash River and a line immediately west of Evansville.* The latter had been selected as the "seat of justice" of Warrick County only two or three months before by com- missioners appointed for that purpose under the general law on the subject. This location probably had been in- fluenced by the promise of a donation of 100 acres of land to the county by Colonel Hugh McGary, which was subsequently made on July 15, 1814. It was now enacted that since Evansville had become precisely in the corner of what must hereafter form Warrick County, the seat of justice should be removed to "fractional section num- ber 7, in township number 7, south of range number 8, west," if Nathaniel Ewing would sell the county 300 acres ^Annals, 13 Congress, 3 session, 1920-21, reprinted in Kettle- borough, Constitution Making, 1:60. " Art. 12, §§ 1 and 4. ' Laws of Indiana, 1816-17, pp. 15-21. *Post, 529 fF. 72 INDIANA HISTORICAL COLLECTIONS of land off the east end of that section for $2.00 per acre. This was a place three or four miles up the Ohio Pwiver from the present site of Newburgh where a town called Darlington was commenced. However, the organization of Vanderburgh County four years later threw Darling- ton into the corner of the county as again reduced in size, and removal of the county seat to Boonville was fol- lowed by the disappearance of Darlington from the map. The act removing the county seat to Darlington provided that anyone who had purchased lots in Evansville from the county agent might have his purchase money refunded by Warrick County, and that the town site should be re- conveyed to Hugh McGary by whom it was donated, and if any purchasers of lots did not apply for the return of their purchase money, it should also "be paid to the said Hugh McGary." Until a courthouse could be erected on the site of Darlington, the courts of Warrick County were to be "held at the house of Daniel Rhoads."^ The same act which created Posey County out of the western part of Warrick also provided that Periy County should be formed embracing parts of what are now Spen- cer and Crawford counties. The counties of Perry and Posey were to have one representative in the territorial legislature.^ Switzerland County was formed out of the south end of Dearborn County and a few square miles off the east side of Jefferson; at the same time. Dearborn acquired from Jefferson County a strip of territory west of the old Indian boundary line which was later to become a part of Ripley County.'' This district embraced territory in which lie the present sites of Sunman, Milan, and Pierceville. During the previous January, the home of John D. Hay, recorder of Knox County, had been destroyed by fire, and with it all the papers and records of that office ' Post, 527-29. Sec also Pence, Indiana Bonndarie!^. 32n. * Post. 530, § 2, 532, § 9. • Post, 538-39, 541-42. REVIEW OF LEGISLATION 73 which he kept in his home. To remedy the situation, the first of many acts was passed providing for the restora- tion of destroyed public records.^ Benjamin V. Beckes, sheriff of Knox County, had deposited with Hay for safe keeping, some $200 of the revenue of the county for 1813. This was also lost in the fire and a private act was passed authorizing the court for doing county business to credit Beckes with the amount deposited.^ The number of days that any person might be com- pelled to work on the highways (except in payment of a "land tax") was now reduced from twelve days per year to only five "unless a new road is to be opened," when "no person shall be bound to work more than ten days annually" (without compensation).^ The number of days of unremunerated labor that each male person (bond or free) over the age of sixteen years might be required to perform each year in opening and repairing roads had until then been limited to twelve days per year, without reference to whether new roads were being opened or old ones repaired. An act to regulate the practice in chancery cases throws an interesting sidelight on the fees of attorneys at that time by its provision that the costs taxed in favor of a successful litigant in a chancery case should include an attorney's fee of $5.00, or, if the title to real estate was involved, a fee of $10.* This session of the legislature lasted from August 15 to September 10, 1814. At its close, a joint resolution was adopted dispensing with the regular session in De- cember of that year.^ It was enacted that the ten private acts passed at this * Post, 542 ff. An account of the fire appears in the Vincennes Western Sun, January 29, 1814. 'Post, 728-29. * Post, 567, § 1; Revised Laws of Indiana Territory, 1807, p. 296, §10; 1808, p. 6 (Philbrick ed., 433, 647); 1811, p. 47; 1813-14, p. 132 (post, 248, 481). * Post, 583, § 35. 'Post, 586. 74 INDIANA HISTORICAL COLLECTIONS session were to be printed by title only.' These included an act supplementary to the act regulating the town of Charlestown, passed at the previous session, and author- izing the trustees of that town to levy and collect a tax of fifty cents annually on each person who had been a resident for six months and owned no taxable property.- Incorporation acts were passed for the borough of Vin- cennes,^ the Corydon Seminary, the Literary Society of Vevay, and the banks at Vincennes and Madison. The Vevay Literary Society was composed of members who paid a certain amount into a common treasury for the purchase of books. In November, 1814, the society ap- pointed John Francis Dufour to solicit donations,* The Bank of Vincennes and the Farmers' and Mechan- ics' Bank of Madison were each to have a capital stock of $500,000 ; in the Vincennes bank this was divided into 5,000 shares at $100 each and in the Madison bank, 10,000 shares at $50 each. Each charter was to continue for twenty years. The amount of debts contracted was not to exceed double the amount of money deposited. Shares to the amount of $125,000 were to be reserved for the territory, to be subscribed at such times as the legisla- ture might direct, and in turn the territory could draw on the banks for loans or the payment of salaries. As soon as the books of the Vincennes corporation were opened the governor was authorized to subscribe for fifty shares.^ However, on the same day that the governor signed the two bank acts, he signed a joint resolution "to suspend the subscription for any shares in the Bank of Vincennes, and the Farmers & mechanicks Bank of In- * They are printed in the present volume, 724-63, from the en- rolled acts deposited in the office of the Secretary of State, Indiana. *Post, 731. * Previous acts incorporating the borough of Vincennes were passed in 1805, 1806, and 1807. * Dufour, Ferret, The Siviss Settlement of Switzerland County, Indiana, 370 {Indiana Historical Collections, vol. 13, Indianapo- lis, 1925). 'Post, 747-63. REVIEW OF LEGISLATION 75 diana until the further request of the Legislature, any- thing in the law incorporating the . . . said Banks . . . to the contrary notwithstanding," and providing that the treasurer should not call for any loans from the banks until ordered to do so by the governor.^ No further action was taken concerning the banks at the next session in 1815. Article 10 of the Constitution of 1816 stated "that the Bank at Vincennes, and the Farmers' and Mechanics' Bank of Indiana, at Madison, shall be considered as incorporated Banks, according to the true tenor of the charters granted to said Banks, by the Legislature of the Indiana Territory." The first legis- lature under the state government made the Vincennes bank the state bank and outlined a system of branch banks. The Madison bank declined to become a branch and continued independently until its suspension in 1822 or 1823 after fulfilling all its obhgations. On the other hand, the Vincennes bank became seriously involved in financial difl[iculties and in the end was declared in- solvent.^ Another private act provided for incorporating the Lawrenceburg Bridge Company whenever twenty shares at $50 each were subscribed for building a bridge over Tanner's Creek in the vicinity of Lawrenceburg. The bridge was to be "at least sixteen feet wide of sound and suitable materials, and in all respects adequate for the passage of travellers, horses, cattle, & carriages, with a secure railing on each side at least four feet high." If the requisite number of shares were not subscribed within one year, or the bridge not completed by January, 1818, the act would become null and void. Similarly, it would become inoperative should the bridge be so out of repair for one year as to be unsafe for traveling.^ At the next session a supplementary act was passed extending the 'Post, 805-6. ^ For a detailed account of the later career of these two banks, see Esarey, Logan, State Banking in Indiana, 1814-1873, 219-26 (Indiana University Bulletin, 10:2, April, 1912). 'Post, 737-47. 76 INDIANA HISTORICAL COLLECTIONS time in which to organize the company, and providing that if the bridge be completed within two years (by De- cember 26, 1817) "no other bridge shall be authorized to be built over said creek, nor any ferry established . . . within one mile of said bridge."^ Session of 1815 — Incorporation of Towns The first act to appear in the volume of laws passed at the last session of the territorial legislature created the county of Jackson out of parts of Washington, Jefferson, and Clark, with Vallonia as the temporary county seat.- The fourth was "An Act to prevent Swindling." It recited the public credit which honest banking had eanied for bank notes and bills used as money, and the advan- tage which "a set of nefarious swindlers" had taken of that fact "by passing similar notes of spurious banks without capital," and made it a public offense, punishable by a fine of three times the amount of the note or bill, besides liability to the holder for its face value, to nego- tiate any such paper under pretense that it was the "act of any bank, company, secret society, or set of men . . . other than is or are expressed by name, upon the face" of such instrument. Using such notes or bills in mak- ing purchases with knowledge of their fictitious charac- ter was punishable in the same manner as originally putting them in circulation. Counterfeiting or know- ingly attempting to pass counterfeit bank notes was made punishable by not more than fifty, nor less than twenty- five lashes on the bare back, in addition to a fine of three times the amount of the counterfeit notes passed or at- tempted to be passed.^ Forgery and counterfeiting of almost any instrument of writing was made punishable by a fine of three times the sum of which any other person was thereby defrauded or attempted to be defrauded, of which one-half should go to the injured party and the other half to the county." 'Post, 671. 'Post, 601 flF. 'Post, 605 ff. *Post, 618-19. REVIEW OF LEGISLATION 77 A tax "equal to one half the Territorial tax" was di- rected to be levied in each county upon "lands, stores and all other objects of taxation," for opening and repairing public roads. The period of compulsory work on the roads, without compensation, was reduced from five days on existing roads and ten days in opening new ones, as fixed the year before, to not "more than two days on the public roads, in each year, unless a new road shall be laid out, and in that case, not more than four, two on the old, and two on the new." This work might be com- muted by payment of 621/0 cents per day for the required period of work.^ Persons who chose might work out the road tax im- posed on their property (in summer, only, as directed by the supervisor) at the rate of 621/2 cents per day. If road taxes were paid in money, the supervisor might "hire hands, teams and carriages to work on the public roads," at wages not exceeding 75 cents per day for a "hand," $1.50 per day for a cart team of two horses or two oxen and driver, and $2.50 per day for a wagon team of four horses or four oxen and driver.^ Super- visors were to receive $1.00 per day for the time actually employed. Ministers of the gospel "regularly licensed or ordained by their respective orders" were made exempt from "personal labour" in opening and repairing roads, but not from paying taxes on their property.^ The election law of 1811 was declared "in full force," except provisions as to certain duties of the clerks, and so much "as requires tickets to be folded and given in secretly,"* which had been superseded by the provision for oral voting.^ The jurisdiction of justices of the peace (which since the beginning of the Civil War has extended to suits on contract or in tort involving not more than $200 in value) ^ was limited in 1815 to actions for conversion or trover ^Post, 608 ff, §§ 1, 5, 12. 'Post, 611-12. » Post, 613-14, § 8. * Post, 620. *Post (January 5, 1814), 490, § 5. * Bums' Annotated Indiana Statutes, 1926, § 1880. 78 INDIANA HISTORICAL COLLECTIONS and otherwise for damages to property not exceeding $20 in amount, for rent not exceeding $30, and upon contracts where the sum demanded did not exceed $40, except in cases where title to land was in question or breach of promise for marriage, which throws a sidelight on the amount in which one might think herself damaged by the breach of such a promise if she would in any event think of suing in a court whose jurisdiction was limited to giving judgment for $40/ Orange County was formed embracing within its boundaries most of what is now Lawrence and Monroe counties.^ A single steamboat having succeeded in coming up the Ohio River, twenty-five days out of New Orleans, the previous summer, the legislature yet took no account of up-river traffic, but enacted only that any ferryman "called upon to land any person or property from any boat passing down the river Ohio" was required "to do the same at the same rate of ferriage . . . author- ized . . . for ferrying such person or property across the river."^ Flatboats propelled by the current and aided by the "sweeps" or oars used for guiding them were continually drifting past while most of the boats larger than skiffs or bateaux that came up the river were dragged upstream with lines attached to trees along the shore and wound on windlasses or capstans, requiring months for the jour- ney. So it was not strange that in charging ferrymen with the duty to "land any person or property from any boat passing down the river," nothing was said about boats passing upstream. A single legislative divorce was granted at this session, that of John Daniels from Mary (nee Burge). It was provided that "the marriage of the said John Daniels to the woman with whom he now lives, be, and the same is hereby legalized to all intents and purposes";* which 'Post, 627. 'Post, 643 ff. 'Post, 650. *Post, 655. REVIEW OF LEGISLATION 79 legalizing clause no doubt explains why he did not apply to a court for his divorce. Payment to Daniel French, from the treasury of Harri- son County, was authorized for trouble and expense in caring for and burying a traveler from Pennsylvania, named Robert Maffit, who came to his house "without money or property, and was taken with the decay, and lay near three months helpless," before his death.^ An act was passed authorizing the incorporation of a company with a capital stock of $3,000 "for the purpose of erecting a Bridge over Hogan creek, near its junction with the Ohio river" (Bridge Street near the center of Aurora, one square nearer the river than the present bridge), under the name of "The Decatur Bridge Com- pany." Directors were to be chosen by the stockholders annually at an election held in Decatur (now Aurora). Tolls were to be charged at rates fixed by the county court "agreeably to the laws regulating ferries" for a term of ninety-nine years, and no ferry across Hogan Creek was to be established within one mile from this bridge. After thirty years the county was to have the privilege of buy- ing it "at a price not exceeding twenty-five per cent, on the original shares."^ Provision was made for the incorporation of the town of Lawrenceburg by action of the free white male resi- dent freeholders, twenty-one years old and upward, who should first vote on "whether it be expedient to enter into 'Post, 655-56. ^ Post, 660-66. In the Lexington Western Eagle for August 12, 1815, Jesse L. Holman advertised a sale of lots to be held at Decatur on September 4, 1815. Among the advantages of the new town are mentioned its situation about seven miles from the mouth of the Great Miami, in a "fertile and populous country, rapidly increasing in improvements," its site on "a commanding eminence, of easy access from the Ohio," and the fact that it was on the nearest route from the settlements of the Whitewater to Vevay and Port William, and also from Cincinnati to Vincennes and St. Louis. Tradition says that Judge Holman changed the name to Aurora to show that his town preceded "the Rising Sun," founded in 1814 nine miles downstream. 80 INDIANA HISTORICAL COLLECTIONS a town corporation," and if that question were decided in the affirmative, then to elect a president and recorder as administrative officers. The "freemen," assembled in town meeting, with the president to preserve order and the recorder to register their proceedings, were to con- stitute the towTi government, appoint a marshal, enact "by-laws" (ordinances), and levy and collect taxes. ^ This was the first and only territorial act which com- mitted to a vote of the inhabitants all questions of local municipal government, including the question whether or not they should incorporate. Doubtless the large number of settlers from the New England states who had been attracted to the settlement at Cincinnati and then had drifted twenty miles farther down the river to increase the meager population of Lawrenceburg, had influenced the adoption of a modified town-meeting form of govern- ment. At this same session of 1815, Lexington, Salisbury, Vevay, and Centerville were made municipal corpora- tions. But in each of them the regulating act named certain individuals as trustees who were given all cor- porate powers, provision being made for the election of new trustees, annually, by the vote of all free white males over twenty-one years of age who had resided in the town six months. This was also the plan that had been fol- lowed in incorporating the towns of Jeffersonville, Brook- ville, and Salem.- In Charlestown, trustees named by the legislature had been constituted a corporation with no provision for naming their successors unless in case of the death, resignation, or removal from office of a trus- tee, when an election was to be "holden by the remaining trustees to supply such vacancy."^ The fact that Charles- town lay in Clark's Grant, then largely populated by offi- cers and soldiers from Virginia, together with the fact 'Post, 671 ff. •Jeffersonville, Revised Laivs of Indiana Territory, 1807, pp. 480-82 (Philbrick ed., 564-66); Brookville, post, 437-42 (December 18, 1813) ; Salem, jwst, 724-27 (September 6, 1814). *Post (December 14, 1810), 140-42. REVIEW OF LEGISLATION 81 that the town was newly laid out and as yet had few inhabitants, and that the declared purpose of the act was to remove the county seat from Jeffersonville upon com- pliance with the condition that public buildings be erected at Charlestown within the next eighteen months "free from expence to the county," probably influenced the form of government established there. Three years later, an act to regulate Charlestown named as trustees for the ensuing year five persons other than the original trustees, and authorized the resident "holders of lots in the said town" annually to elect their successors, saying nothing about the race, age, or sex of such lot owners.^ The seminary of Vevay was incorporated with the limi- tation (among others) that it should "not hold more than ten thousand acres of Land at one time." It was em- powered to make rules and by-laws, and "to appoint a Teacher or Teachers of such branch or branches of learn- ing, as they may think proper to have taught in said Seminary." Successors to the five trustees originally named by the legislature were to be chosen annually from among those residing in or within four miles from Vevay by majority vote of such men over twenty-one years of age as have "paid one dollar, or who shall hereafter pay five dollars for the benefit of said Seminary," being per- sonally present to cast such votes. There was no provi- sion for voting by female subscribers, and voting by proxy was expressly forbidden. It was provided that "no particular tenets of religion ... be taught in said Seminary."^ A resolution was adopted that whenever a public road along the state line between Ohio and Indiana should be established by law as twenty-five feet wide in Ohio, a further twenty-five feet of width on the Indiana side should be added, which resolution was ordered sent to the governor of Ohio for submission to the Ohio legisla- ture.^ ^Post (December 27, 1813), 463-64, §§ 1 and 2. 'Post, 679-82. 'Post, 687. 7-49011 82 INDIANA HISTORICAL COLLECTIONS A complaint being made by Colonel John Vawter "that he has not received from the county court of Jefferson county, that justice to which he is entitled" in the allow- ance made to him "for listing the taxable property of said county," three commissioners residing in that county were appointed by a joint resolution to hear the matter, and if "persuaded, that justice has not been done" him, to "make such additional allowance to said Vawter, as to them may appear just" and issue an order on the county for the amount.^ The associate judges of Harrison County were author- ized by joint resolution to give Dennis Pennington relief in the matter of "interest, &c." which he had to pay as "the undertaker for erecting the Court House [old State House] in Corydon, in consequence of not receiving the money as contracted to be paid," by awarding him from the county funds such "further allowance, as from a view of the whole circumstance, shall be considered by them equitable and just."- The borough of Vincennes was empowered to levy and collect additional municipal taxes of not more than $5.00 on each four-wheeled, and $2.00 on each two-wheeled "Pleasure Carriage"; $1.00 on each deck of "Sporting Cards" ; $15 on each billiard table; 50 cents on each "Hog, Pig or Shoat, running at large" ; $1.00 on each dog, male or female; $5.00 on each ball alley; $5.00 on each horse race run in the borough; and $10 on each retail store "in proportion to the value thereof."^ The territorial legislature was at an end. It met no more. Early the following summer a constitutional con- vention met at Corydon and prepared a plan for a state government which was accepted by Congress." The state 'Post, 688-89. ^Post, 689-90. 'Post, 690. *The act formally admitting Indiana into the Union was signed by the president on December 11, 1816. The representative to Congress, William Hendricks, took his seat on December 2, and the two senators, James Noble and Waller Taylor, were admitted to their seats on December 12. REVIEW OF LEGISLATION 83 legislature, elected in August, 1816, under its provisions, convened on the first Monday of November. Its principal task was to enact legislation putting into operation the machinery of government as set up in the constitution. For the most part, however, the state legislature con- tinued much as the territorial legislature had done, pass- ing special acts applying to single counties, towns, and persons, which practice continued until its abuse led to its prohibition upon the adoption, thirty-five years later, of the constitution under which we now live. Printing and Distribution of the Laws The laws adopted at the first session of the governor and judges of Indiana Territory, 1801, were published "by Authority" at the press of William Hunter, of Frankfort, Kentucky. In 1804 Elihu Stout came from Kentucky to Vincennes to establish the Indiana Gazette, and in that year he published the first book printed in the territory, containing the laws for the second, third, and fourth sessions of the governor and judges, held in 1802 and 1803.^ From that time until the removal of the capital to Corydon, in 1813, Stout served as printer to the terri- tory. After 1807 session laws were printed in editions of four or five hundred copies, with the number of copies allotted to the counties varying from thirty to forty. Sometimes a special committee had charge of the printing, some- times supervision was left to the auditor, and sometimes almost entirely to the printer. Under this system, or lack of it, it is not surprising to find some volumes without any index beyond the list of acts published. Attempts to secure the publication of the journals failed in the face of limited funds, the impossibility of securing adequate ^ The title of this volume, Laws Adopted by the Governor and Judges of the Indiana Territory, at their Second and Third Ses- sions, Begun and Held at Saint Vincennes, 30th Janua/ry, 1802, & February 16th, 1803, does not indicate the fact that the laws of the fourth session were also included. 84 INDIANA HISTORICAL COLLECTIONS supplies of paper, and the time necessary for the printing of the laws themselves. In the January 5 issue of the Western Sun for 1811, Stout announced that "from the impossibility of procuring assistance, the Editor is under the painful necessity of informing his readers, that until he can finish the printing of the laws, the Western Sun will only be printed once in two weeks." The Assembly of 1810 made a distinction between pub- lic and private acts, a distinction which had not been observed in the earlier territorial legislation, by provid- ing that "the committee appointed to superintend the printing of the laws of the territory shall not allow any part of any private act to be printed at the expence of the territory other than the title of such act."^ This pro- vision was violated in one instance.- The Assembly of 1811 reverted to the earlier practice of printing both pub- lic and private acts. The distinction was reestablished by the Assembly of 1814, which provided that it was un- necessary to print "any act containing a charter of incor- poration, or any act, the object of which is local and confined to any particular, company, town or county, or for the relief of any particular person or persons, or officer or officers, whatsoever," but the titles of all local and special acts, with the date of approval, were to be printed in a special list under the heading of "local and private acts."^ This was repealed at the next session.* These short-lived distinctions are noteworthy as at- tempts of the territorial Assembly to differentiate pro- visions for particular individuals or localities from gen- eral legislation. Under the Constitution of 1816 the Assembly continued to pass private, special, and local acts. These were usually printed separately from the general laws. The courts distinguished between public ^Post, 169. ' The act incorporating the Indiana Church is listed by title and then printed at the end of the public acts. Post, 120, and 192-94. * Post, 587. The list was actually printed under the title, "A List of Private Acts." *Post, 691. I REVIEW OF LEGISLATION 85 acts and private acts: they took notice of public acts without their contents being pleaded; they did not take cognizance of private acts unless their contents were spe- cifically set out in pleading.^ The Constitution of 1851 prohibited the passing of local or special laws in a long list of subjects embracing most of the cases in which the earlier assemblies had passed such legislation. ^Levy V. The State, 6 Indiana, 281-85; West v. Blake, 4 Black- ford, 234-38; Vance v. Farmers' and Mechanics' Bank of Indiana, 1 Blackford, 79-81; Brookville Insurance Company v. Records, 5 Blackford, 170; Ohio and Indianapolis Railroad Company v. Ridge, 5 Blackford, 78; The State v. Graeter, 6 Blackford, 105-6. LAWS OF INDIANA TERRITORY ACTS OF ASSEMBLY OF THE INDIANA TERRITORY. PASSED AT THE FIRST SESSION OF THE THIRD GENERAL ASSEMBLY OF THE SAID TERRITORY, Begun and held at the Borough of Vincennes, on Monday the twelfth day of November, A. D. one thousand eight hundred and ten. .^^ ::{::* :■ Printed by Authority, and under the Inspection of the Committee. —MH 14::* : ■ VINCENNES, PRINTED BY ELIHU STOUT, Printer to the Territory. 1810. TERRITORIAL LAWS, 1810 91 AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTH-WEST OF THE RIVER OHIO. •^^m oooo:*:oooo ■ BE it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary gov- ernment, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress make it expedient. Be it ordained by the authority aforesaid, That the estates both of resident and non resident proprietors in the said territory dying intestate, shall descend to, and be distributed among their children, and the descendants of a deceased child in equal parts; the de- scendants of a deceased child or grand child, to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate, shall have in equal parts among them their deceased parents share; and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower, shall remain 92 INDIANA HISTORICAL COLLECTIONS in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as herein after mentioned, estates in the said territory may be devised or be- queathed by wills in writing, signed & sealed by him or her in whom the estate may be (being of full age) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyance be acknowledged, or the execution thereof duly pro- ( 4 ) ved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, how- ever, to the French and Canadian inhabitants, and other settlers, of the Kaskaskies, Saint Vincent's, and the neighbouring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Be it ordained by the authority aforesaid, That there shall be appointed from time to time by Congress, a governor, whose com- mission shall continue in force for the term of three years, unless sooner revoked by Congress: he shall reside in the district, and have a freehold estate therein in one thousand acres of land, while in the exercise of his office. There shall be appointed from time to time by Congress a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office: it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department; and transmit authentic copies of such acts and pro- ceedings, every six months, to the secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdic- tion, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behaviour. The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time; TERRITORIAL LAWS, 1810 93 which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Con- gress; but afterwards the legislature shall have authority to alter them as they shall think fit. The governor for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress. Previous to the organization of the general assembly, the gov- ernor shall appoint such magistrates and other civil officers, in each county or township, as he shall iind necessary for the preser- vation of the peace and good order in the same: After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers not herein otherwise directed, shall, during the continuance of this temporary government be appointed by the governor. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions ( 5 ) thereof: and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and town- ships, subject however, to such alterations as may thereafter be made by the legislature. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly; provided that for every five hun- dred free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants shall the right of representation increase, until the number of repre- sentatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legis- lature: Provided that no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same: Provided also, That a freehold in fifty acres of land in the district, having been a citizen 94 INDIANA HISTORICAL COLLECTIONS of one of the states, and being resident in the district, or the like freehold, and two years residence in the district shall be necessary to qualify a man as an elector of a representative. The representatives thus elected, shall serve for the term of two years; and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or town- ship, for which he was a member, to elect another in his stead, to serve for the residue of the term. The general assembly, or legislature, shall consist of the gov- ernor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum: And the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid for each vacancy, and return their names to Congress; one of whom. Congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Con- gress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have author- ity to make laws, in all cases, for the good government of the district, not re- ( 6 ) pugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue and dissolve the general assembly, when in his opinion it shall be expedient. The governor, judges, legislative council, secretary and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor be- TERRITORIAL LAWS, 1810 95 fore the president of Congress, and all other officers before the governor. As soon as a legislature shall he formed in the district the council and house assembled, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting during this temporai-y government. And for extending the fundamental principles of civil and re- ligious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those prin- ciples as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said territory; to provide also for the establishments of states, and permanent government therein, and for their admission to a share in the federal councils, on an equal footing with the original states, at as early periods, as may be consistent with the general interest. It is hereby ordained and declared, by the authority aforesaid That the following articles shall be considered as articles of com- pact between the original states, and the people and states, in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I. No person demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory. ARTICLE II. The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legis- lature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punish- ments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall in any maimer whatever ( 7 ) interfere with, or affect private contracts or engagements, bona fide, and -without fraud previously formed. 96 INDIANA HISTORICAL COLLECTIONS ARTICLE III. Religion, morality, and knowledge, being necessary to good gov- ernment and the happiness of mankind, schools, and the means of education, shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be in- vaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them. ARTICLE IV. The said territory, and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the articles of confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress as- sembled, conformable thereto. The inhabitants and settlers, in the said territory, shall be subject to pay a part of the federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Con- gress, according to the same common rule and measure, by which apportionments thereof shall be made on the other states; and the taxes for paying their proportion, shall be laid and levied by the authority and direction of the legislatures of the district or dis- tricts or new states, as in the original states, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts or new states, shall never interfere with the primary disposal of the soil by the United States in Con- gress assembled, nor with any regulations Congress may find neces- sary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Laurence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor. ARTICLE V. There shall be formed in the said territory, not less than three, nor more than five states; and the boundaries of the states, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit; The western state in the said territory, shall be bounded by the Mississippi, TERRITORIAL LAWS, 1810 97 the Ohio and Wabash rivers; and a direct line drawn from the Wabash and Post Vincennes due north to the territorial line be- tween the United States and Canada; and by the said territorial line to the lake of the Woods and Mississippi. The middle state shall be bounded by the said direct line, the ( 8 ) Wabash from Post Vincennes to the Ohio ; by the Ohio, by a direct line drawn due north from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided however, and it is further understood and declared, that the boundaries of these three states, shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of lake Michigan. And whenever any of the said states, shall have sixty thousand free inhabitants therein, such state shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original states, in all respects whatever: and shall be at liberty to form a permanent constitu- tion and state government: Provided the constitution and govern- ment so to be formed, shall be republican, and in conformity to the principles contained in these articles; and so far as it can be con- sistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than sixty thousand. ARTICLE VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted: Provided always, that any person escaping into the same, from whom labour or service is lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labour or service as aforesaid. Done by the United States, in Congress assembled, the thirtieth day of July, in the year of our Lord one thousand seven hun- dred and eighty-seven, and of their sovereignty and independ- ence the twelfth. WILLM. GRAYSON, Chairman. Charles Thomson, Secretary. »— 49011 98 INDIANA HISTORICAL COLLECTIONS ACTS OF CONGRESS ALTERING, OR IN ANY WAY AFFECTING THE ORDINANCE. •^^m : o o o 4: o o o : ^^» AN ACT to provide for the Govei-nment of the Territory North- west of the River Ohio. WHEREAS in order that the ordinance of the United States in Congress assembled, for the government of the territory north- west of the river Ohio may continue to have full effect, it is requisite that certain provisions should be made, so as to adapt the same to the present constitution of the United States: Sec. 1. BE it enacted by the Senate and House of Representa- tives of the United States of America in Congress assenibled, That in all cases in which by the said ordinance, any information is to be given, or communication made by the governor of the said territory to the United States in Congress assembled, or to any of their officers, it shall be the duty of the said governor to give such information and to make such communication to the President of the United States; and the President shall nominate, and by and with the advice and consent of the Senate, shall appoint all officers which by the said oi'dinance were to have been appointed by the United States in Congress assembled, and all officers so appointed, shall be commissioned by him; and in all cases where the United States in Congress assembled, might by the said ordi- nance, revoke any commission or remove from any office, the presi- dent is hereby declared to have the same powers of revocation and removal. Sec. 2. Aiid be it further enacted, That in case of the death, removal, resignation, or necessary absence of the governor of the said territory, the secretary thereof shall be, and he is hereby authorised and required to execute all the powers, and perform all the duties of the governor, during the vacancy occasioned by the removal, resignation or necessary absence of the said governor. Approved, August 7th, 1789. ^^ : * :^^ TERRITORIAL LAWS, 1810 99 AN ACT to divide the Territory of the United States north-west of the Ohio, into two separate governments. Sec. 1. BE it enacted by the Senate and House, of Representatives B ( 10 ) of the United States of America, in Congress assembled. That from and after the fourth day of July next, all that part of the territory of the United States north-west of the Ohio river, which lies to the westward of a line beginning at the Ohio, opposite to the mouth of Kentucky river, and running thence to fort Recovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purposes of temporary government, constitute a separate territory, and be called the Indiana Territory. Sec. 2. And be it further enacted, That there shall be established within the said territory a government in all respects similar to that provided by the ordinance of Congress, passed on the thir- teenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States north- west of the river Ohio; and the inhabitants thereof shall be en- titled to, and enjoy all and singular the rights, privileges and ad- vantages granted and secured to the people by the said ordinance. Sec. 3. And be it further enacted, That the officers for the said territory, who by virtue of this act shall be appointed by the President of the United States, by and with the advice and con- sent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations as by the ordinance aforesaid and the laws of the United States, have been provided and established for similar officers in the territory of the United States north-west of the river Ohio; And the duties and emoluments of Superintendant of Indian affairs shall be united with those of governor: Provided, That the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorised; and their commissions shall continue in force until the end of the next session of Congress. Sec. 4. And be it further enacted. That so much of the ordinance for the government of the territory of the United States north- west of the Ohio river, as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate in the Indiana territory, whenever satisfactory evidence shall be given to the governor thereof, that such is the 100 INDIANA HISTORICAL COLLECTIONS wish of a majority of the freeholders, nothwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards: Provided, That until there shall be five thousand free male inhabitants of twenty-one years and upwards in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said terrritory, agreeably to the number of free males of the age of twenty-one years and upwards, which they may respec- tively contain. Sec. 5. And be it further enacted, That nothing in this act contained shall be construed so as in any manner to affect the government now in force in the terrritory of the United States north-west of the Ohio river, further than to prohibit the exercise thereof within the In- ( 11 ) diana territory, from and after the aforesaid fourth day of July next; Provided, That whenever that part of the territory of the United States which lies to the eastward of a line beginning at the mouth of the Great Miami river, and running thence due north to the territorial line between the United States and Canada, shall be erected into an independent state, and admittted into the Union on an equal footing with the original states, thenceforth said line shall become and remain permanently the boundary line between such state and the Indiana territory; any thing in this act con- tained to the contrary notwithstanding. Sec. 6. And be it further enacted, That until it shall be other- wise ordered by the legislatures of the said territories respectively, Chilicothe, on Scioto river, shall be the seat of the government of the territory of the United States north-west of the Ohio river; and that Saint Vincennes, on the Wabash river, shall be the seat of the government for the Indiana territory. Approved, May 7th, A. D. 1800. Extract of "AN ACT to enable the people of the Eastern division of the territory north ivest of the river Ohio to fonn a con- stitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and for other purposes. "Sec. 3. A7id be it further enacted, That all that part of the territory of the United States, north-west of the river Ohio, here- tofore included in the eastern division of said territoiy, and not TERRITORIAL LAWS, 1810 101 included within the boundary herein prescribed for the said state, is hereby attached to, and made a part of the Indiana territory, from and after the formation of the said state, subject neverthe- less to be hereafter disposed of by congress, according to the right reserved in the fifth article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects whatever, with all other citizens residing within the In- diana territory." Approved, April 30, 1802. AN ACT to extend jurisdiction in certain cases, to the Territorial courts. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That the superior courts of the several territories of the United States, in which a district court has not been established by law, shall in all cases in which the United States are concerned, have and exercise, within their respec- ( 12 ) tive territories, the same jurisdiction and powers which are by law given to, or may be exercised by the district court of Kentucky district; and writs of error and appeals shall lie, from decisions thereon, to the supreme court, for the same causes, and under the same regulations, as from the said district court of Kentucky district. Approved, March 3, 1805. Extract of "AN ACT to divide the Indiana territory into two separate governments. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That from and after the thirtieth day of June next, all that part of the Indiana territory, which lies north of a line drawn east from the southerly bend or extreme of lake Michigan, until it shall intersect lake Erie, and east of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the purpose of temporary government, constitute a sepa- rate territory, and be called Michigan. 102 INDIANA HISTORICAL COLLECTIONS Sec. 4. And he it further enacted, That nothing in this act con- tained, shall be construed so as, in any manner, to affect the gov- ernment now in force in the Indiana territory, further than to prohibit the exercise thereof within the said territory of Michigan, from and after the aforesaid thirtieth day of June next. Sec. 5. And he it further enacted, That all suits, process, and proceeding, which, on the thirtieth day of June next, shall be pending in the court of any county, which shall be included within the said territory of Michigan; and also all suits, process, and proceedings, which on the said thirtieth day of June next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Michigan aforesaid, shall, in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said In- diana territory had remained undivided. Approved, January 11, 1805. AN ACT extending the right of suffrage in the Indiana territory. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That every free white male person in the Indiana territory, above the age of twenty-one years, having been a citizen of the United States, and resident in the said territory, one year next preceding an election of representatives, ( 13 ) and who has a legal or equitable title to a tract of land of the quantity of fifty acres, or who may become the purchaser from the United States of a tract of land of the quantity of fifty acres, or who holds in his own right a town lot of the value of one hundred dollars, shall be entitled to vote for representatives to the general assembly of said territory. Approved, February 26, 1808. ^^ : ♦ :b^w Extract of "AN ACT for dividing the Indiana territory into two separate govem^nents. BE it enacted by the Senate and House of Representatives of the United States of Am,erica, in Congress assembled. That from and after the first day of March next, all that part of the Indiana ter- TERRITORIAL LAWS, 1810 103 ritory which lies west of the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes, due north to the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate ter- ritory, and be called Illinois. Sec. 5. And he it ftirther enacted, That nothing in this act con- tained shall be construed so as in any manner to affect the govern- ment now in force in the Indiana territory, further than to prohibit the exercise thereof within the Illinois territory, from and after the aforesaid first day of March next. Sec. 6. And be it further enacted, That all suits, process and proceedings, which, on the first day of March next, shall be pend- ing in the court of any county which shall be included within the said territory of Illinois, and also all suits, process and proceed- ings, which, on the said first day of March next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Illinois aforesaid, shall in all things concerning the same, be proceeded on, and judgments and decrees rendered there- on, in the same manner as if the said Indiana territory had re- mained undivided Sec. 7. And be it further enacted, That nothing in this act con- tained shall be so construed as to prevent the collection of taxes which may, on the first day of March next, be due to the Indiana territory on lands lying in the said territory of Ulinois. Approved, February 3, 1809. 104 INDIANA HISTORICAL COLLECTIONS ACTS OF THE INDIANA TERRITORY. ^^^ o ::<(:%: o ^b^ CHAPTER L AN ACT for the relief of Messrs. Daniel Fetter, James Hughes and Salmon Fuller. — (Private.) Approved — 22d November, 1810. Formation. Boundaries. Name. CHAPTER IL AN ACT for the division of Dearborn and Clark counties, and for the formation of a neiv county out of the said two coxinties. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That all that part of the counties of Clark and Dearborn, included within the following bounds, viz. "Beginning at the mouth of Log Lick creek, on the bank of the river Ohio, thence to the corner of sections five and eight, town four, range three, thence north to the Indian boundary line, thence with the same westwardly to a point opposite the north-east corner of Clark's grant, thence on a direct line to the said corner of the said grant, thence a direct line to the Ohio river at the lower line of town two, north, range ten, east, thence up the Ohio river with the meanders thereof to the be- ginning," shall compose one new county, called and known by the name of Jefferson. TERRITORIAL LAWS, 1810 105 ( 15 ) § 2. And be it further enacted, That it shall be law- ful for the coroners, sheriffs, constables and collectors of Former offi- the said counties of Clark and Dearborn to make dis- cers to col- tress for all dues and officers fees unpaid by the inhabit- ^^* ^^^^ and ants within the bounds of the said new county at the *^®^* time such division shall take place, and they shall be ac- countable in like manner as if this act had not been passed, and the courts of Clark and Dearborn counties Courts to shall have jurisdiction in all actions and suits pending proceed in therein at the time of said division, and they shall try suits now de- and determine the same, issue process, and award execu- P®^"^"S- tion thereon. § 3. And be it further enacted, That the seat of jus- tice in and for said county shall be and the same is hereby Seat of jus- established in the town of Madison, in town two, north, tice. range ten, east. § 4. And be it further enacted. That this act shall commence and be in force from and after the first day Commence- of February, one thousand eight hundred and eleven. ment. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — November 23, 1810. WILLIAM HENRY HARRISON. ( 16 ) CHAPTER IIL AN ACT autliorising a Lottery for the benefit of th-e Vincennes Library. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same. That the president and directors of the Vincennes Library, in Lottery au- this territory, be, and they are hereby authorised and thorised. 106 INDIANA HISTORICAL COLLECTIONS Raise 1000 Managers. Give bond in what sxim & where lodg'd Managers to adopt the scheme. Commence- ment. empowered, for, and on behalf, and for the sole use and benefit of the said Library, to raise by a lottery in such classes, and from time to time as they may deem most proper, a sum not exceeding one thousand dollars; the said president and directors shall be managers for rais- ing as aforesaid the said sum, and as such, shall each give bond and security in the sum of two hundred dol- lars, to the governor for the time being, conditioned for the faithful discharge of their duty, which said secu- rity shall be approved of by the secretary of the territory, and the said bonds shall be filed by him in his office. The president and directors, as managers, shall have power to adopt such scheme or schemes as they may think most expedient, to sell the tickets to raise the said sum, to superintend the drawing, and the payment of the prizes of the same. ( 17 ) This act shall be in force from the passage thereof. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — November 23, 1810. WILLIAM HENRY HARRISON. Allowance & for what. CHAPTER IV. AN ACT for the relief of General Washington Johnston. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That General Washington Johnston be, and he is hereby allowed the sum of thirty- four dollars out of any money in the territorial treasury, for his trouble, services and expenditures in contracting for, making an index, and attending to the printing of TERRITORIAL LAWS, 1810 107 the acts passed by the Legislature of this territory, at their session of eighteen hundred and eight ; and that the Auditor of C ( 18 ) public accounts shall audit, and the territorial treasurer pay the same accordingly. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — November 23, 1810. WILLIAM HENRY HARRISON. CHAPTER V. A RESOLUTION to adjourn the court of Cormnon Pleas of Knox county. RESOLVED by the Legislative Council and House of Representatives, That the court of Common Pleas for c^mtad- Knox county, which is by law to be holden on the last joumedand Monday in November, eighteen hundred and ten, be, and to what p&- the same is adjourned by the authority hereof to the first ^^o*^- Monday in January next, and that all suits, pleas and plaints now pending in said court shall stand adjourned over to said time; and that all writs and process which may have been, or may hereafter be issued out of said court shall be returnable to the said first day of January next. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — November 23, 1810. WILLIAM HENRY HARRISON. 108 INDIANA HISTORICAL COLLECTIONS Time of for- mation. Formation & boundaries of both counties. Formation & boundaries of each county. ( 19 ) CHAPTER VL AN ACT for the formation of two new counties out of the counties of Dearborn and Clark. § 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territo'ry, and it is hereby enacted by the authority of the same, That from and after the first day of February, one thousand eight hundred and eleven, all that part of Dearborn and Clark counties which is included in the following bounda- ries, shall form and constitute two new counties, that is to say — "Beginning at the corner of townships number 7 and 8, on the line of the state of Ohio, thence north, until the same arrives at fort Recovery, thence, from fort Recovery southwardly, with the line of the western boundary of the purchase made at fort Wayne, in the year one thousand eight hundred and nine, until the same intersects the line of the northern boundary of the pur- chase made at Grouseland, thence northwardly, with the line of the last mentioned purchase until the same arrives at a point from which a due east and west line will strike the corner of town seven and eight on the aforesaid state of Ohio line" § 2. Be it further enacted, That the tract of country included within the aforesaid boundaries, be, and the same is hereby divided into two separate and distinct counties by a line beginning at the corner of townships number eleven and twelve, on the line of the state of Ohio, and from thence due west, until the same intersects the line of the western boundary of the before mentioned ( 20 ) purchase of fort Wayne, and that from and after the first day of February, one thousand eight hundred and eleven, the tract of country falling within the southern division thereof shall be known and designated by the TERRITORIAL LAWS, 1810 109 name and style of the county of Franklin ; and the north- ern division thereof shall be known and designated by the name and style of the county of Wayne; that the said counties shall severally enjoy all the rights, privi- Emunities. leges and jurisdictions which to separate counties of this territory, do, or may properly appertain and belong ; Pro- vided alivays, That all suits, pleas, plaints, actions and Suits now proceedings which may before the first day of February, depending one thousand eight hundred and eleven, have been com- where tried, menced, instituted and depending within the now coun- ties of Dearborn and Clark, shall be prosecuted to final judgment and effect in the same manner as if this act had never been passed ; And provided also, That the ter- Taxes now ritorial and county levies or taxes which are now due due where within the bounds of the said new counties, shall be col- ^^^ " lected and paid in the same manner, and by the same officers as they would have been if the creation of the said new counties had not taken place. § 3. Be it further enacted, That for the purpose of fixing the permanent seat of justice in and for the county Commission- of Franklin, James Adair, David Hoover and Elijah ers for fixing Sparks, be, and they are hereby appointed commission- ^^° ^"^" ers, whose duty it shall be to convene at the town of Brooksville in the said county of Franklin, on or before Their duty, the first Monday in May next, and being first duly sworn to ( 21 ) discharge the duties enjoined on them by this act with- out favour, affection or partiality, before some justice of the peace of said county, legally commissioned, shall proceed to fix in the most convenient and eligible place for the permanent seat of justice for the same. § 4. Be it further enacted, That so soon as the place for holding the courts for said county shall be established when seat agreeably to the requisition of the above section, the fixed judges judges of the courts of Common Pleas for the said county to cause pub- shall immediately proceed to erect the necessary public 1"= buildings. no INDIANA HISTORICAL COLLECTIONS Then court to sit there. Commission- ers to fix seat of jus- tice, Their duty. buildings for the same at such place in the same man- ner as is required by law in respect to other counties, and after the public buildings are so erected, the court of said county shall adjourn to the said place at their next term after the same shall be compleated, which shall be, and is hereby declared to be the permanent seat of justice for the said county of Franklin. § 5. And be it further enacted, That for the purpose of fixing a permanent seat of justice in and for the county of WajTie, John Cox, George Holman and John Addenton, gentlemen, be, and they are hereby appointed commissioners, whose duty it shall be to convene at the house of Richard Rue in the said county of WajTie, on or before the first Monday in May next, and being first duly sworn to discharge the duty enjoined on them by this act without favour, affection or partiality, before some justice of the peace of said county, legally commissioned, shall proceed to fix on the most convenient and eligible place for the seat of jus- ( 22 ) tice for the said county of Wa>Tie; Provided nevertheless, That the same shall not be fixed further north than the lines dividing the thirteenth and fourteenth townships. § 6. Be it further enacted, That so soon as the place for holding the courts for said county shall be established agreeably to the requisition of the foregoing section, the Court to judges of the court of Common Pleas for the said county cause build- shall immediately proceed to erect the necessary public *"ss. buildings for the same at such place in the same manner as is required by law in respect to other counties, and after the public buildings are so erected the court of Then court the said county shall adjourn to the said place at their to sit there. next term after the same shall have been compleated, which shall be, and is hereby declared to be the perma- nent seat of justice for the said county of Wayne. § 7. Be it further enacted, That in case of the death or refusal to act of any of the persons herein appointed TERRITORIAL LAWS, 1810 111 for the purposes aforesaid, it shall be the duty of the courts of Common Pleas of the counties respectively, where such vacancy shall happen, to supply the same by appointment of such person or persons as they may think best qualified to discharge the said duty, and the person or persons so appointed, shall take the same oath, and in all respects perform the same duty required by the commissioners herein by this act appointed. § 8. And be it further enacted, That until the com- missioners of the said two counties shall fix the seat of justice in each county, the courts shall be held at the house of Vacancy in commission- ers how sup- plied. Their duty. courts where to sit until buildings made. ( 23 ) Richard Rue for the county of Wayne, and at the town of Brooksville, for the county of Franklin. DENNIS PENNINGTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — November 27, 1810. WILLIAM HENRY HARRISON. CHAPTER VIL AN ACT to amend an act entitled "An act regulating Notaries Public" § 1. BE it enacted by the Legislative Council and Hov^e of Representatives, and it is hereby enacted by the authority of the same. That from and after the pas- Notaries sage hereof any and every notary public within this ter- may certify ritory shall and may take and certify the acknowledge- acknow- ment of powers of attorney, mortgages, deeds, and other ^ s^^^^ s. instruments of writing, accompanied with or without the release and assignment of dower, as fully in every re- Fees. 112 INDIANA HISTORICAL COLLECTIONS spect, as any Judge of the General court, or court of Common Pleas, or Justice of the Peace, may or can now do, any law, usage or custom to the contrary thereof, in any wise notwithstanding, for which he shall receive the same com- ( 24 ) pensation as is by law allowed to Justices of the Peace for the like services. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — November 27, 1810. WILLIAM HENRY HARRISON. Specific ap- propriations How paid. To whom made. CHAPTER VIIL AN ACT making certain specific appropriations. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the territorial auditor be, and he is hereby directed to audit, and the treasurer to pay out of any money in the treasury, to the follow- ing persons for their services the following sums of money, to wit: — To Solomon Manwarring, a member of the Legislative Council, for the county of Dearborn, at the last session of the Legislature of this territory, for coming from, at- tending upon, and returning home, and milage, the sum of forty-four dollars. To Thomas Downs, a member for Clark county, for similar services and milage, the sum of twenty-eight dol' lars. TERRITORIAL LAWS, 1810 113 To Harvey Heth, a member for Harrison county, for similar services and milage, the sum of twenty-five dol- lars. ( 25 ) To William Prince, a member for Knox county, for To whom similar services, the sum of twelve dollars. made. To Luke Decker, a member for Knox, for similar serv- ices and milage, the sum of twelve dollars. To James Noble, for his services as Clerk to the Leg- islative Council at the same session, and stationery fur- nished by him for the use of the said Council, the sum of fifteen dollars. To Ephraim Overman, a member to the House of Rep- resentatives at the said session from the county of Dear- born, and milage, the sum of forty-eight dollars. To Richard Rue, as a member from the same county, for similar services, the sum of forty-eight dollars. To James Beggs, as a member from Clark county, for similar services, the sum of twenty-eight dollars. To John Work, as a member from the same county, for similar services, the sum of twenty-eight dollars. To Moses Hoggatt, as a member from Harrison county, for similar services, the sum of twenty-five dollars. To John Johnson, as a member from Knox, for simi- lar services, the sum of twelve dollars. To General W. Johnston, as a member from the same county, for his services the sum of twelve dollars. To John Caldwell, for his services as Clerk to the House at the said session, the sum of ten dollars and fifty cents. D ( 26 ) To Samuel Hayes, as Door-Keeper to both Houses at To whom the said session, the sum of nine dollars, made. To William Jones, for his services as Clerk to the House at the said session, and stationery furnished by 9— 490H 114 INDIANA HISTORICAL COLLECTIONS him for the use of the House, the sum of eleven dollars and fifty cents. To Henry Hurst, as Clerk to the Legislative Council for two days at said session, the sum of seven dollars. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 1, 1810. WILLIAM HENRY HARRISON. When suit abates by death of deft may be revi- ved by scire facias. CHAPTER IX. AN ACT for the revival of suits and actions. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same That whenever and hereafter any suit or action in any court of record within the In- diana territory shall abate by the death of the plaintiff or plaintiffs, it shall and may be lawful for the heirs, executors or administrators, or either of them, to revive the said suit or action, by issuing a scire facias to the defendant to shew cause why the said suit or action should not be revived; and if any If before de- claration it may be filed vs. rep. ( 27 ) suit or action should have abated before declaration filed, then, and in that case, it shall be lawful for the heirs, executors or administrators, as the case may be, to file his, her or their declaration in the same manner as if the suit had been commenced in his or their proper names, as representatives of the deceased, and judgment shall be given accordingly. P. (27), 1. 4. The enrolled act reads, "in his her or their proper names in the same manner as if." — Ed. TERRITORIAL LAWS, 1810 115 § 2. Be it further enacted, That whenever a suit or action shall abate by the death of the defendant or de- Judgt, on fendants, it shall be lawful for the plaintiffs to issue a sci. fa. shall scire facias to the heirs, executors or administrators, or P^^'T^J*' either of them, as the case may be, to shew cause why character the suit should not be revived ; and it shall be lawful for his, her, or their executors or administrators, as the case may be, to appear and plead in their proper character, or as representatives, and judgment shall be given as if the suit had been originally commenced against them; and in case there are no representatives of the defend- if no rep. in ant within the jurisdiction of the court, then and in that terry, judgt. case, the plaintiff upon the return of the scire facias, may still be by the proper officer if not found in his bailiwick, may ^ ^" -"^^ take judgment, subject however to be opened by either i^ 2 years, the heirs, executors, or administrators, at any time within two years, to admit any setts-off, or equitable de- „, , „ fence which they may have ; Provided nevertheless, That ^^^^ ^ ^^^_ in no case shall any action of slander, or assault and tery not re- battery be revived. vivable. ( 28 ) This act shall be in force from the passage thereof. Commence- DENNIS PENNINGTON. ™^''*' Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 3, 1810. WILLIAM HENRY HARRISON. § 2, 1. 9. In the enrolled act the word "as" between the words 'or" and "representatives" is omitted. — Ed. 116 INDIANA HISTORICAL COLLECTIONS No person to practice as an atmy. who is not a residt. citizen. Except to fi- nish suits. CHAPTER X. AN ACT to amend an act entitled "An act regulating the admis- sion and practice of Att07-nies and Counsellors at laiv and for other purposes. § 1. BE it enacted by the Legislative Council and Hoivse of Representatives, and it is hereby enacted by the authority of the same, That from and after the pas- sage of this act no person shall be permitted to practice as attorney, or counsellor at law, or to commence, con- duct or defend any action, suit or plaint, in which he is not a party concerned, in any court of record, or not of record, within the territory, either by using or sub- scribing his own name, or the name of any other person, or as an attorney in fact, special agent, or atnicus curix, who is not a citizen thereof, and actually resident within this territory; Provided, That all Attorneys at law re- siding in any of the adjacent states or territories who have heretofore been admitted to practice within this territory may be Non-residt. atrny. prac- ticing fina- ble. How much. To what use & how reco- vered. ( 29 ) permitted to finish their unfinished business already com- menced in the courts in which they have heretofore prac- ticed as such Attorneys and Counsellors at law. § 2. Be it further enacted. That if any person or per- sons, not being a citizen or citizens of this territory, shall directly or indirectly practice, or attempt to practice, as a Counsellor or Attorney at law, in any of the courts mentioned in the foregoing section, either with or with- out a fee, he or they so offending, shall be fined in the sum of five hundred dollars, one half to the use of the county in which the offence is committed, and the other half to the use of the person prosecuting; to be recovered by action of debt or indictment, in any court having cognizance thereof. TERRITORIAL LAWS, 1810 117 § 3. And he it further enacted, That if any person or persons, with intent to evade this law, shall assign over to any non-resident Attorney, any bill, note, bond or spe- cialty, open account, debt, right of action in any case whatever, such person or persons, so making assignments in the cases above specified, or any other whereby he may have a right of action, shall forfeit all his right, title or claim whatever in all the cases above mentioned to the use of the county where such action or actions may be brought, and the attorney receiving such assign- ment, shall forfeit the sum of five hundred dollars, to be recovered and applied as is provided in the second sec- tion of this act. § 4. Be it further enacted, That it shall be the duty of the courts respectively within this territory to see that this law is carried Assi^ed suits to ena- ble non-resi- dents to ap- pear forfeit- ed to county Andatto. fi- nable how much, to what use & how recov'd. Courts to carry law in- to effect. ( 30 ) into complete effect, and any court failing herein, shall, on conviction thereof, by indictment or information, be fined in the sum of five hundred dollars, to be applied as is directed in the foregoing section hereof. § 5. Be it further enacted, That it shall be the duty of the governor to appoint some person legally licensed to practice as an Attorney or Counsellor at law in this territory as prosecuting Attorney in the superior and inferior courts in the respective counties, who shall re- ceive in addition to the fees now allowed by law, such compensation as the courts in their discretion may allow, to be paid by the county. DENNIS PENNINGTON, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 4, 1810. WILLIAM HENRY HARRISON. Failing fined how much, how recov'd. and to what use. Govt, to ap- point prose- cuting attor- nies in the several coun- ties. Their fees & compensa- tion. 118 INDIANA HISTORICAL COLLECTIONS CHAPTER XL AN ACT to amend an act entitled "An act regulating the duties of Sheriffs, and for other jmrposes. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by High she- the authority of the same, That from and after the pass- riffs remedy ing hereof, the high, or principal Sheriff of any and against de- every county within this territory, shall be entitled to ^^^' demand and have, take and pursue ( 31 ) the same steps, and summary mode of proceeding against their several deputies as is now provided against the high, or principal Sheriff, for a failure of duty, or with- holding of money. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 4, 1810. WILLIAM HENRY HARRISON. CHAPTER XIL AN ACT to legalize the marriage of William Smith. — (Pnvate.) Approved — 4th December, 1810. CHAPTER XIIL AN ACT to amend the act entitled "An act for organizing a court of Chancery. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives and it is hereby enacted by TERRITORIAL LAWS, 1810 119 the authority of the same, That the Clerk of the said court of Chancery, be, and he is hereby authorised to Clerk's fees ask, demand, take and receive from suitors in the said what. court, such fees for similar services, as are now, or may hereafter be allowed by law to the Clerk of the General court of this territory ; and that the said fees ( 32 ) be collected in the same manner as fees are now collected And how in the said General court. collected. DENNIS PENNINGTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 4, 1810. WILLIAM HENRY HARRISON. CHAPTER XIV. AN ACT for the relief of the officers concerned in the contested elections of Knox county, in the year eighteen hundred and ten. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That Newton E. Westfall be, Allowance to and he is hereby allowed the sum of thirty-two dollars whom & for and thirty-two cents, for his services in summoning the what. Judges and witnesses in the contested elections of Gen- eral W. Johnston and John Caldwell, members in the House of Representatives for the county of Knox. To Luke Decker, and George Leech, each the sum of eight dollars for their services as Judges of the exam- ining court in the said contested elections. To William Prince, the sum of eighteen dollars for his services as Clerk to the said examining court. 120 INDIANA HISTORICAL COLLECTIONS ( 33 ) And the territorial auditor is hereby directed to audit, and the treasurer to pay the same accordingly, out of any monies in the treasury not otherwise appropriated. DENNIS PENNINGTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 5, 1810. WILLIAM HENRY HARRISON. CHAPTER XV. AN ACT to incorporate the Indiana Church. — (Private.) Approved — 7th December, 1810. CHAPTER XVL AN ACT to amend an act entitled "An act subjecting real estates to execution for debt." WHEREAS, doubts have been suggested whether under the above act, real estates are now subject to exe- cution upon judgment against executors or adminis- trators; to quiet which doubts, and as it appears just and equitable that such should be the case, therefore, § 1. Be it enacted by the Legislative Council and Hov^e of Representatives, and it is hereby enacted by the authority of the E TERRITORIAL LAWS, 1810 121 ( 34 ) same, That from and after the passage hereof, all lands, tenements and hereditaments, whether in possession, re- mainder or reversion, whereof any person or persons may die seized or possessed, shall be subject to the judgment, and may be sold upon execution obtained and issued against the executor or executors, administrator or ad- ministrators of such deceased person or persons, any law to the contrary thereof, in any wise notwithstanding. § 2. Be it further enacted, That when any debt is hereafter recovered, and damages awarded, or where any debt is acknowledged before such as have, or shall have power to take cognizance thereof, and executions awarded thereupon, to be levied upon the lands, tenements or he- reditaments of any person or persons whatsoever, it shall not be lawful for any sheriff or other officer, by virtue of such execution, or of any writ or writs there- upon, to sell or expose to sale any such lands, tenements or hereditaments in this territory, which shall or may yeild yearly rents and profits, beyond all reprisals, suf- ficient within the space of seven years, to pay or satisfy such debt or damages, with costs of suit; but that all those lands, tenements and hereditaments shall, by virtue of the writ or writs of execution, be delivered to the party obtaining the same, until the debt or damages be levied by a reasonable extent, in the same manner and method as lands are delivered upon writs of eligit in England; Provided nevertheless, That if the clear profits of such lands or tenements shall not be found by inquest of twelve men to be Lands sub- ject to exon. in hands of executor or administra- tor. Not to be sold if they will pay debt by being rented. In what manner as- certained. ( 35 ) sufficient within seven years to satisfy the debt or dam- ages in such execution, or if before the extent be out, any other debts or damages shall be recovered against the same debtor or defendant, his executor or adminis- trator, which, with what remains due upon such extent cannot all be satisfied out of the yearly profits of the 122 INDIANA HISTORICAL COLLECTIONS Rents found not sufficient then sold, & how pro- ceeds applied lands or tenements so extended within seven years, then, and in every such case, the sheriff or other officer shall accordingly certify the same upon the return of such exe- cution, whereupon a writ or writs of venditioni exponas shall issue forth to sell such lands and tenements, for, and towards satisfaction of what shall remain due upon such extent, as also towards satisfaction of all the rest of the said debts or damages, in the manner as is directed by the act to which this is an amendment. DENNIS PENNINGTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 7, 1810. WILLIAM HENRY HARRISON. CHAPTER XVIL AN ACT to incorporate the New Hope Baptist church on Deer creek, in the county of Dearboim. — (Private.) Approved — 7th December, 1810. Fence to be renewed and repaired. ( 36 ) CHAPTER XVin. AN ACT to amend an act entitled "An act to authorise the pro- prietors of lands in the lower prairie to inclose the same" and the "Act supplementary thereto." § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That in all or any place or places where the fence which now incloses the said prairie, is not now conformable to the aforesaid acts, it shall and may be lawful for the Syndic, at any time here- after, to cause such part or parts to be repaired and made TERRITORIAL LAWS, 1810 123 conformable to the said acts; to effect which, and for keeping the said fence or inclosure in repair, the land Land liable for which the fence may be necessary to be made or re- ^^^ expences. paired, shall, and it is hereby made liable, where a suffi- ciency of personal estate cannot be found, whether in the hands of the proprietor or lessee, to judgment, execu- tion and sale. § 2. Be it further enacted, That it shall and may be lawful for any cultivating proprietor or lessee in the said Farmer may field, to take up and secure trespassing animals, if to be take up ani- caught by him, but if not, then he may have and sus- malsorhave tain his action before any magistrate in the county for ^^ ^°"' damages against the owner or owners of such animal or animals; and where the same are so caught, it shall be If taken up the duty of the taker up, in case the owner thereof can how dealt be found, to give him notice, either verbal or written; ^^*^- but if such owner should not be within the neighborhood, then the taker up shall advertise at the court house ( 37 ) door of the county, the color, age, marks or bands, as near as he can ascertain, of the animal or animals so taken up, ten days after which notice, either verbal or by advertisement as aforesaid, should the said animals not be redeemed by the payment of one dollar, the es- tablished damage, per head, and at the rate of twenty- five cents for every twenty-four hours keeping, and twen- ty-five cents for notification, the taker up shall and may, by himself, or any special constable he may choose to appoint, sell the said animal or animals publickly for the most it or they will bring, for the payment of the dam- age, keeping and notice, together with fifty cents for selling, returning the overplus, if any, to the owner. § 3. Be it further enacted, That it shall and may be Gates may lawful for the Syndic, who shall exercise and perform ^^'^^"^T^' the duty of overseer, at any time hereafter, to have the ^g-Taltered present gates removed and taken away, and to cause the & who to present road (which runs diagonally through the lots of work thereon. 124 INDIANA HISTORICAL COLLECTIONS land) to be removed and opened as near the centre of said prairie lots as the situation of the ground will admit of, and to cross the lots at right angles, causing the same however, to be made passable before the present road is shut up; to effect which, it shall be the duty of the pro- prietors, their lessees or agents of lands in the said lower prairie, the inhabitants of the Catheleinett's prairie and of Faux Chanaille, to work thereon until the same may and shall be compleated, and every such person being notified one day previously, and failing to attend and work thereon shall pay a fine of seventy-five cents for each day's failure, to Road in front opened how and by whom. Dike law re- pealed. ( 38 ) be recovered, with costs, and appropriated as is provided in the fourth section thereof. § 4. Be it further enacted, That it shall be the duty of the Syndic to cause a road to be opened and kept in repair on the bank of the river Wabash, sufficient for two waggons to pass, which road is to extend from Vin- cennes to the lower end of said prairie; and that the proprietors of land in said prairie shall be subject to work on the same, under the penalties mentioned in the third section of this act, and that so much of the former law as respects a dike or embankment, shall be, and the same is hereby repealed. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 7, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 125 CHAPTER XIX. AN ACT for the relief of the heirs and representatives of Samuel Ewing, deceased. — (Private.) Approved — 10th December, 1810. CHAPTER XX. AN ACT supplementary to the act entitled "An act for authorising the proprietors of lands in the lower prairie to enclose the same." § 1. BE it enacted by the Legislative ( 39 ) Council and House of Representatives and it is hereby enacted by the authority of the same, That from and after the passage hereof, it shall and may be lawful for any, each and every proprietor of land in the said lower prairie to fence in and enclose his, her or their land by a fence or enclosure separate and distinct from the com- mon fence now enclosing the said prairie ; in which case, and from that time, he, she or they shall no longer be obliged or compellable to keep up his, her or their part, portion or share of the said common fence, any clause, matter or thing in the aforesaid act or the act supple- mentary thereto, or of the act passed at the present ses- sion in amendment of the aforesaid two acts, usage or custom to the contrary hereof in any wise notwithstand- ing ; Provided nevertheless, That the said enclosures shall not interfere with the road established through the said prairie by the 'Act to amend an act entitled an act to authorise the proprietors of land in the lower prairie to enclose the same,' and the act supplementary thereto; And provided also, That no person who shall think proper to enclose his or their own lands, shall disturb Proprietors may enclose seperately Fence not to interfere with road. Leave com- mon fence. 126 INDIANA HISTORICAL COLLECTIONS or remove his or their part of the common fence by him or them made to enclose the said prairie. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 10, 1810. WILLIAM HENRY HARRISON. Reason of the act. What part taken from one & added to the other. Taxes & fees by whom collected. ( 40 ) CHAPTER XXL AN ACT extending the bounds of the county of Harrison, WHEREAS it has been represented to the General Assembly, that it would be a public convenience to at- tach to the county of Harrison a small slip now in the county of Clark, on the Ohio river — therefore, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That all that tract of countiy con- tained in the boundary following, be attached to, and constitute part of the said county of Harrison, to wit : to begin at the intersection of the line dividing the fifth and sixth ranges with the river Ohio, thence with the meanders thereof to the mouth of Falling run, thence a straight line to the intersection of the range line between the fifth and sixth ranges, on the boundary of the Dela- ware purchase, thence with that line to the place of beginning. § 2. And be it further enacted, That it shall be lawful for the Coroners, Sheriffs, Constables and Collectors of the said county of Clark, to make distress for all dues and officers fees unpaid by the inhabitants within the bounds of the said slip, as described in the preceding sec- tion, at the time this act shall take efi"ect, and they shall be accountable in like manner as if this act had not been TERRITORIAL LAWS, 1810 127 passed; and that the courts of Clark county shall have Suits where jurisdiction in all actions and suits pending therein at the ^^^^^• time this act shall take effect, and they shall try and de- ( 41 ) termine the same, issue process, and award execution. § 3. This act shall take effect from and after the pas- Commence- sage hereof. ment. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 10, 1810. WILLIAM HENRY HARRISON. CHAPTER XXII. AN ACT to perpetuate testimony. § 1. BF, it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That whenever any person is ap- Evidence prehensive that a suit may be commenced against him, maybeper- her or them, or that it may be necessaiy for him her or petuated by them to commence a suit upon any subject of litigation ^^ ^J^^ which may hereafter arise, and the witnesses which he, she or they may think necessary, are about to remove or reside out of the jurisdiction of the court, or are old and infirm; it shall be lawful for said person or persons to present a petition in writing, stating the subject in contest, to any court of record in this territory, and the court shall enter on record an order 128 INDIANA HISTORICAL COLLECTIONS Dedimus to issue. Clerk to cer- tify. Notice to be given to op- posite party. Notice to be proven and certifi'd with deposition. Clerk to re- cord. Fees. ( 42 ) for a dedimus to issue for the taking of the deposition agreeable to the prayer of the petition in order to per- petuate said testimony, and the said testimony so taken may be read as evidence in any court of record within this territory, relative to the parts or points stated in the petition ; and it shall be the duty of the Clerk of the court to certify said petition and evidence, or a copy thereof, provided the subject is not litigated in the court of which he is Clerk. § 2. Be it further enacted, That it shall be the duty of the person or persons taking such deposition or deposi- tions to give reasonable notice to the opposite party of the time and place of taking such deposition or deposi- tions, by serving him or them with a notice in writing, or shall advertise it at least three times in some public paper in this territory, or the territories or states adjoin- ing thereto, and proof of the due execution of the said notice shall be made to the person or persons authorised to take such deposition ; and a copy of said notice shall be prefixed to the deposition certified along with the de- position, which deposition, when taken, shall be lodged with the Clerk of the court where the petition shall have been presented; and for the greater security of said peti- tion and deposition, it shall be the duty of the Clerk to record the same in a book kept for that purpose, for which he shall be allowed ten cents for every hundred words; and in case the original should be lost, then a certified copy from said record shall be read as evidence. Commence- ment. ( 43 ) This law shall take efltect from and after the passage thereof. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 12, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 129 CHAPTER XXm. AN ACT for the prevention of frauds and perjuries. § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the same, That from and after the passage of this act, all leases, estates, interest or freeholds, or terms of years, or any uncertain interest of, in, or out of, any messuages, lands, tenements or hereditaments made or created by livery of seisin only, or by parol and not put in writing, and signed by the party so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases of estates at will only, and shall not, either in law or in equity, be deemed or taken to have any other or greater force or effect ; any consideration for making any such parol leases or estates, or any former usage to the contrary notwithstanding; except leases not exceeding the term of three years from the making thereof, where- upon the rent reserved to the landlord during such Leases not in writing shall be estates at will only. Excpt. those not exceed- ing 3 years. ( 44 ) term shall amount unto two third parts at the least, of the full improved value of the thing demised. § 2. Be it further enacted, That no leases, estates or interests either of freehold or term of years, or any un- certain interest of, in and to any messuages, lands, tene- ments or hereditaments, shall be assigned, granted or surrendered unless it be by deed or note in writing, signed by the party so assigning, granting or surrender- ing the same, or their agents thereunto lawfully author- ised by writing, or by act or operation of law. § 3. Be it further enacted, That no action shall be brought whereby to charge any executor or administra- tor, upon any special promise to answer damages out of their own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default 10—49011 Assignment of leases to be in writing Promises to be performed after a year to be in wri- ting. 130 INDIANA HISTORICAL COLLECTIONS Declarations of trust to be in writing. or miscarriage of any other person, or to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tene- ments or hereditaments, or any interest in and concern- ing them, or upon any agreement that is not to be per- formed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or such memorandum or note thereof, shall be in writing, signed by the party charged there- with, or some other person by him thereunto lawfully authorised. § 4. Be it further enacted, That all declarations or creations of trusts or confidences of lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party, who is by law enabled to declare such trusts. Except those created by o- peration of law. Sale of goods of less value than 30 dol- lars not bin- ding unless delivered or earnest paid. Day of ent- ering judgt. to be stated on record, & for what pur pose. ( 45 ) § 5. Be it further enacted, That where any convey- ance shall be made of any lands or tenements, by which a trust or confidence shall or may arise, or result by impli- cation or construction of law, then and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made. § 6. Be it further enacted. That no contract for the sale of any goods, wares or merchandize, for the price of thirty dollars or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earn- est to bind the bargain, or in part of payment; or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged, or their agents lawfully authorised. § 7. Be it further enacted, That any Judge of any court of record within this territory that shall sign any judgment, shall, at the signing of the same, set down the day of the month and year of his so doing, upon the book docket or record which he shall sign, such judg- TERRITORIAL LAWS, 1810 131 ments, as against purchasers bona fide for valuable con- sideration of lands, tenements or hereditaments to be charged thereby, shall, in consideration of law, be judge- ments only from such time as they shall be so signed, and shall not relate to the first day of the term whereof they are entered. § 8 And he it further enacted, That no writ of fieri facias or other writ of execution, shall bind the property Goods bound of the goods of the person against whom such writ of fromdelive- execu- ry of exon. ( 46 ) tion is sued forth, but from the time such writ shall be delivered to the sheriff or other officer to be executed, and for the better manifestation of the said time, the sheriff Sheriff to en- or other officer shall upon the receipt of any such writ, dorse time of endorse on the back thereof, the day of the month and receiving, year whereon he or they received the same. This act shall commence and be in force from and after Coramect. the passage thereof. DENNIS PENNINGTON. Speaker of the House of Representatives, JAs. BEGGS, President of the Legislative Council. Approved — December 13, 1810. WILLIAM HENRY HARRISON. CHAPTER XXIV. AN ACT directing the mode of leasing section number sixteen, commonly called the School section. § 1. BE it enacted by the Legislative Council and Common Hov^e of Representatives, and it is hereby enacted by the P^^as to lease authority of the same. That the right to lease section Qnthrotms- number sixteen in each township, shall be vested in the teesinquar- courts of Common Pleas in each and every county within ters. 132 INDIANA HISTORICAL COLLECTIONS this territory, who are hereby severally authorised to appoint trustees whose duty it shall be to lease the same in quarter sections, under such restrictions as the said courts by their orders may direct. Not more than 1 qr. to each. Lessee not to disturb tim- ber. Waste how punished. Proceeds to be applied to use of schls. Court to al- low compen- sation to trustees. continuance of lease. ( 47 ) § 2. And be it further enacted, That there shall not be more than one quarter section leased to any one per- son, and the lessee shall be bound not to destroy sugar trees, nor waste any valuable timber, except so much as shall be necessary for improving the farm, and that if any person or persons, not having a lease as aforesaid on any of the aforesaid land, and committing waste thereon, shall incur the penalty by the act entitled "An act to prevent trespassing by cutting timber." § 3. And be it further enacted, That it shall be the duty of the courts of Common Pleas of the several counties to cause the neet proceeds arising therefrom to be applied to the support of schools, according to the true intent and meaning of the original donation, and the sev- eral laws of the United States, reserving, granting and appropriating the same. § 4. And be it further enacted, That the several courts of Common Pleas are hereby directed to make such allow- ance to the trustees as in their opinion the services ren- dered by such trustees may deserve. § 5. Be it further enacted, That no lease shall be granted under the authority of this act for a longer term than seven years. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 14, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 133 ( 48 ) CHAPTER XXV. AN ACT siijyplementary to the act entitled "An act concerning executions." § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That it shall not be lawful for Ce.tain arti- any Sheriff or other officer, upon any execution hereafter cles not to issuing on debts contracted after this date, from any or be taken m either of the courts of record, or from a magistrates ^^®<^^"°"- court in this territory, to buy or take thereon the nec- essary books of a man's profession, the tools of his trade, or any of the following articles viz. — one milch cow and calf, a breeding sow, one bed, bed-stead and bed-clothing, one pot, one kettle, one dutch oven, one frying pan, and one axe, which said several enumerated articles, are hereby declared exempt from sale upon the said execu- tion or executions, any law, custom or usage to the con- trary hereof in any wise notwithstanding. DENNIS PENNINGTON. Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 14, 1810. WILLIAM HENRY HARRISON. ( 49 ) CHAPTER XXVL AN ACT for the relief of Jacob Kuykendoll, and Henry Hurst. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by Specific ap- the authority of the same, That Jacob Kuykendall, be, and propriations he is hereby allowed the sum of twenty-one dollars thirty *° whom, one cents out of any monies in the territorial treasury How paid, and for what How certifi- ed. 134 INDIANA HISTORICAL COLLECTIONS not otherwise appropriated, being in full for his serv- ices in summoning the Judges and witnesses in the con- tested election of William Prince, a member of the Leg- islative Council for the county of Knox, in the year of eighteen hundred and nine; and that Heniy Hurst, be, and he is hereby allowed the sum of six dollars in full for his services as clerk to the said contested election; and that the territorial auditor is hereby directed to audit, and the treasurer to pay the same accordingly. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 13, 1810. WILLIAM HENRY HARRISON. G constable re- fusing to ac- cept & serve warrant lia- ble for amt. How recov- ed. ( 50 ) CHAPTER XXVn. AN ACT to amend the act entitled "An act establishing courts for the tnal of Small causes," and in aid of the "Act to amend an act entitled an act establishing courts for the trial of Small causes. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That any and every Constable legally appointed to office in any county or township in this territory, who shall hereafter refuse or neglect in due time to execute any warrant, summons or other pre- cept which may and shall be offered him for execution or service, shall, and he is hereby made liable, together with his securities, to pay to the party or person injured thereby the amount of his original demand and costs, to be recovered before any magistrate in the county whereon no stay of execution shall be allowed ; and any such con- stable to whom any execution may and shall hereafter TERRITORIAL LAWS, 1810 135 over exon. liable for a- mount. be tendered, neglecting or refusing to serve the same or Failing to who has not the money ready, and pay the same over make & pay to the person entitled thereto, by or upon the return day thereof, or fails to retuni a sufficient legal excuse why the amount thereof was not made, shall, and he is hereby made liable to pay to the person entitled thereto the amount of the said execution and costs, to be recovered by motion before the magistrate who issued the same, and in case of his sickness, death or absence, then before any other magistrate in the county, whereupon judgment And how re shall be rendered against the said constable and his secu rities, and no stay covered. ( 51 ) of execution allowed ; and in both of the aforesaid cases, execution shall issue immediately, returnable in ten days, any thing in the fifth section of the act to which this is an amendment to the contrary hereof in any wise not- withstanding. § 2. Be it further enacted, That real estates shall be bound from the date of any judgment hereafter rendered by any and every Justice of the Peace, and personal es- tate from the time of the delivery of the execution to the Constable or other officer; and where there is a number of judgments rendered against the same person where the real estate may not be sufficient to satisfy the whole, the judgment first rendered shall be first satisfyed, and in case of a plurality of executions, the first delivered to the officer shall be first satisfyed out of the personal property or estate, any thing in the tenth section of the aforesaid law to the contrary thereof in any wise not- withstanding ; Provided always, That no real estate shall be so exposed to sale if the same will extend for the pay- ment of the debt in three years, in which case it shall be delivered on eligit, as is already provided in other cases of judgment in the court of Common Pleas. Exon. retble in 10 days. Real estates bound from judgt. and personal from delive- ry of exon. 1st judgt to be first satis- fied out of real, and first exon. out of personal pro- perty. Real estate not to be sold if it will extend. 136 INDIANA HISTORICAL COLLECTIONS Appellant to file transept, or justice to issue axon, on certificate of clerk. § 3. Be it further enacted, That it shall hereafter be the duty of the appellant to file a transcript of the Jus- tices record in the Clerk's office of the proper court, dur- ing the first court after the appeal, and failing so to do, the Clerk upon application, shall give a certificate that no such appeal, first stating the parties, has been filed with him, upon the production whereof to the magistrate, he Clerk's fee. Justice with- holding mo- ney how to be proceeded against. What evi- dence sufiict. Exon. to be returned in 10 days. Warrants is- sued by one justice may be tried by another and how. ( 52 ) shall immediately issue execution, including therein twen- ty-five cents to the Clerk for the certificate. § 4. Be it further enacted, That where from the ab- sence of the plaintiff or other person entitled to receive the amount of any warrant, summons or execution, and the constable or other officer having paid the same into the hands of the proper magistrate, and he refuses or neglects upon application, to pay the same over to such plaintiff or other person, to obtain judgment by motion before any other magistrate in the county against such magistrate so receiving the said money, upon which mo- tion the return of the constable who levied the execution and paid over the amount, or upon the testimony of any other disinterested person shall be sufficient; and upon any such judgment execution shall issue immediately, re- turnable in ten days. § 4. And he it further enacted, That in case of any disability, either natural or legal in the justice who is- sued the warrant or summons, to proceed to the trial thereof, or of issuing execution upon any judgment ren- dered by him, it shall and may be lawful for the constable to return the warrant or summons to such other magis- trate in the county as the plaintiff may request, but should the plaintiff fail to make an election of another magistrate in due time, then the defendant may, which said magistrate shall proceed to trial, judgment and exe- cution in the same manner as if the warrant or sum- TERRITORIAL LAWS, 1810 137 mons had been originally issued by him ; and in all cases where from the aforesaid disability it may ( 53 ) be out of the power of the magistrate who gave the judg- ment to issue execution thereon, it shall and may be law- ful for the party in whose favor the judgment is, to ob- tain from the said magistrate a transcript of the said judgment and costs, upon which he may cause and have execution issued by any other magistrate within the county, any thing in the said acts to which the present is an amendment and aid, to the contrary of the pro- visions herein contained not withstanding. § 6. And be it further enacted, That in all cases where the defendant has removed himself, or may be about to remove his property from the county in which any judg- ment may be rendered against him or them, it shall be lawful for the bail to have execution issued in the same manner as is by law provided for the plaintiff in similar cases. § 7 If any constable shall levy an execution on prop- erty, and a doubt shall arise whether the right of such property shall be in the debtor or not, such constable may, and it is hereby declared to be his duty to impanel twelve freeholders each of whom shall be disinterested in the writ, to try the right of property aforesaid, and hearing the evidence the said jury shall determine whether the property belongs to the defendant or the person claiming it, and the verdict of the said juiy shall be a sufficient justification for said constable to sell the said property, or deliver it to the person claiming the same, as the case may be, and in case any action being brought against said constable for his con- Exons. may be issued by a justice oth- er than one who gave judgt. and how. Bail may have exon. in certain ca- ses, & how. Right of pro- perty contes- ted constable to summon a jury. 138 INDIANA HISTORICAL COLLECTIONS ( 54 ) duct herein, he may plead the general issue and give this act in evidence. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 14, 1810. WILLIAM HENRY HARRISON. Former act repealed. Removing negroes &c. from terry. Unless legal- ly entitled &c. having made proof thereof. CHAPTER XXVIIL AN ACT to repeal the act entitled "An act for the introduction of negroes and mulattoes into this territory, and for other purposes." § 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territoinj, and it is hereby enacted by the authority of the same, That the act of this territory entitled 'An act for the introduc- tion of negroes and mulattoes into this territory,' ap- proved on the seventeenth day of September, eighteen hundred and seven, be, and the same is hereby repealed. § 2. And be it further enacted, That if any person or persons shall attempt to remove from this territory, or shall aid or assist in removing any negro or mulatto per- son or persons, without first proving before one of the Judges of the court of Common Pleas, or Justice of the Peace, who shall give a certificate thereof, to be filed in the Clerk's office in the county wherein such proof shall be ( 55 ) made, that he she or they are legally entitled so to do ac- cording to the laws of the United States and of this terri- tory, shall, on conviction thereof before any court having TERRITORIAL LAWS, 1810 139 cognizance thereof, forfeit and pay the sum of one thou- sand dollars, one half to the use of the informer, and the other half to the use of the territory, to be recov- ered by action of debt, quitam, or indictment, and shall be moreover liable to the action of the party grieved, and shall be forever disqualified from holding any office of honor, profit, or trust under this territory. § 3. And be it further enacted, That the first section of the law of this territory, entitled 'An act concerning servants of color,' be, and the same is hereby repealed, saving however to such persons as may heretofore have executed indentures of servitude, their right under the same, and the master his remedy thereon. This act shall take effect and be in force from and after the passage thereof. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 14, 1810. WILLIAM HENRY HARRISON. To be fined how much & to what use, and liable to action & dis- qualified from office. Repealing a part of servt. law, with certain res- trictions. Commenct. ( 56 ) CHAPTER XXIX. AN ACT for the removal of the seat of Justice of Clai-k county, and for other purposes. WHEREAS it hath been represented to the General Assembly of this territory, by the petition of a large Reason of majority of the citizens of Clark county that they labor the law, under great inconveniences in consequence of the seat of justice being at Jeffersonville, a place on the verge of said county, and whereas it hath also been represented by the said petitioners that the removal of the seat of jus- tice of said county to the town of Charlestown, would, in an eminent degree contribute towards the convenience of the inhabitants thereof — therefore, 140 INDIANA HISTORICAL COLLECTIONS Seat of jus- tice removed as soon as jail is built. and security given for paymt. of subscription § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the same, That from and after the tenth day of February next, provided that a jail, as good in all respects be completed against that time or as soon after as it can be completed at the sole expence of the petitioners, that the seat of justice of the county of Clark shall be, and it is hereby fixed and established in the town of Charlestown, in the said county; Provided, That solvent freehold security be given to the trustees, by this act named and appointed, to be approved of by them, or a majority of them, that the several sums of money which have been subscribed amounting to seven hundred and seventy-eight dollars, for the use of the said county, shall be paid on the tenth of February next; And pro- vided, That James M' Campbell, on or and certain lots convey'd Charlestown incorporat'd & trustees appointed. Their powers ( 57 ) before the tenth day of February next, make to the said trustees a deed or deeds in fee simple, for the following lots of ground, which said lots are known and designated on the map or platt of said town by the numbers, 52, 73, 74, 75, 76, 77, 78, 101, 102, 103 & 104; And provided also, That Barzelah Baker, shall make or cause to be made to the said trustees a deed or deeds in fee simple, on or be- fore the tenth of February next, for the following lots of ground, which are known and designated on the general plan of said town numbers 81, 82, 83, 84, 137, 138, 139, 140, 141, 142, 143, 144, 161, 162, 163, 164, 165, 166, 167 & 168. § 2. Be it further enacted, That John Work, Peter M'Donald and Isaac Shelby, be, and they are hereby con- stituted, appointed and ordained trustees, in fact and in name, and are hereby created a body politic and corpo- rate, by the name, style and title of the trustees of Charlestown, and by that name, they and their successors shall have succession, and shall be persons in law capa- ble of suing and being sued, pleading and being im- TERRITORIAL LAWS, 1810 141 pleaded, answering and being answered unto, defend and being defended, in all suits, actions, complaints and mat- ters whatsoever in any court or courts, before any Judge or Judges, Justice or Justices, and also that the said trus- tees and their successors, by the same name and style, shall be in law capable of receiving, holding and convey- ing any estate real or personal, — And whereas James Further rea- M'Campbell and Barzelah Baker have promised to give son for act. for the use of the said county H ( 58 ) sundry lots of ground, situate in Charlestown aforesaid, atid ivhereas sundry monies have been subscribed for the use of the said county amounting to seven hundred and seventy-eight dollars. § 3. Be it therefore enacted, That the said trustees and their successors in their corporate capacity, or a ma- jority of them, be, and they are hereby authorised to sell, dispose of, transfer and convey all the said lots of ground or as many of them at any one time as they, or a major- ity of them may deem most proper for the benefit of said county, and also on the terms and conditions which they, or a majority of them, shall from time to time agree upon ; Provided, That the sale of the said lots shall not be advertised or otherwise notified less than twenty days before the sale thereof, and the monies arising from such sales shall be deposited by the said trustees or any of them into the county treasury, to be by the judges of the court of Common Pleas of said county, applied to, and for the purpose of erecting public buildings in Charlestown. § 4. Be it further enacted, That when the said trus- tees or their successors shall receive the aforesaid sub- scription money, or any part thereof, they, or any of them, shall deposit the same into the treasury aforesaid, and be applied as is directed in the preceeding section. Trustees to sell & convey lots for bene- fit of county, In what man ner sold, and proceeds how applied. Subscription money how to be receiv- ed & appli'd. Vacancy in trustees how supplied. If subscripti- ons should not be suffici ent to com- plete public buildings pe- titioners shall pay the ballace, Petitioners to furnish court house. act not com- plied with void. 142 INDIANA HISTORICAL COLLECTIONS § 5. Be it further enacted, That if the places of any of the trustees herein named and appointed, shall become vacant before the business intended by this act, by death, resignation or removal from office, for them ( 59 ) to do and perform shall have been completed, then, and in every such case, an election shall be holden by the remaining trustees to supply such vacancy. § 6. And be it further enacted, That in case the sub- scription and other contributions made for the purpose of erecting public buildings should not be sufficient to compleat a court house as convenient and of equal value with the court house in Jeffersonville, then and in that case the petitioners for the removal shall be bound to pay the overplus, the said court house to be compleated on or before the first day of July, eighteen hundred and twelve; and also that the petitioners be bound to furnish a house convenient to hold court in free from expence to the county, and also should any thing in any of the foregoing sections not be complied with on or before the said 1st day of July, 1812, then this act shall cease and have no force or effect whatever. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 14, 1810. WILLIAM HENRY HARRISON. CHAPTER XXX. AN ACT for granting writs of Ne Exeat. § 1. BE it enacted by the Legislative TERRITORIAL LAWS, 1810 143 ( 60 ) Council and House of Representatives and it is hereby enacted by the authority of the same, That whenever hereafter any person or persons is about to remove or leave this territory, without leaving a sufficiency of prop- erty for the payment of his debts, and is indebted to any other person or persons which debt shall not be due at the time, it shall and may be lawful for the creditor to go before a magistrate, if the case be cognizable before such magistrate, if not, then to go before one of the judges of the general court or of the court of common pleas, and make oath to the circumstances in the follow- ing form, to wit: — I, AB, do solemnly swear (or affirm as the case may be) that CD, of said county, is justly indebted to me in the sum of on the nature of the debt or contract, which debt is not yet due, or con- tract is not yet performed, and that the said AB, is ap- prehensive that the said CD, is about to remove or leave the territory without leaving a sufficiency of property for the payment of his debts, then it shall be lawful for the magistrate or the judge, as the case may be, to issue a writ of ne exeat commanding the person or persons so about to leave the territory to appear before him and give security in the nature of special bail for the amount of the debt sworn to, or to perform the contract, as the case may be, and if the party shall refuse to give bail as aforesaid for the payment of the debt when due, or to perform the contract, it shall be lawful for the mag- istrate to give judgment upon sufficient proof, or con- fession thereof being made and in case any of the said judges shall issue Writs of ne exeat to is- sue, against whom, from what author- ity upon affi- davit. Form thereof In what man ner proceed- ed upon. Party to give special bail or be com- mitted. ( 61 ) said writ, and the party shall fail to give bail as afore- said, to pay the debt or perform the contract when due, then it shall be lawful for said judge or judges to commit the party so failing to the common jail of the county, and return the circumstances on the writ to the next 144 INDIANA HISTORICAL COLLECTIONS Judgt. may be taken but no exon. is- sued until ex piration of contract. Judges to re turn ^\'rits & where. court of common pleas or general court having cogniz- ance thereof, when it shall be lawful for the creditor to take judgment in the same manner as if an original writ had been issued and returned, but no execution shall issue thereon until the expiration of the time stated in the original contract for the payment or performance thereof § 2. Be it further enacted, That whenever any of the judges of the general court or of the common pleas, shall issue any writ of ne exeat, and bail as aforesaid shall be given thereon, it shall be the duty of the judge to return the said writ and proceedings to the next court respec- tively. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 14, 1810. WILLIAM HENRY HARRISON. CHAPTER XXXL AN ACT to incorporate the Ohio Steam Boat navigation com- pany. — (Private.) Approved — 15th December, 1810. ( 62 ) CHAPTER XXXIL AN ACT for the benefit of the heirs of Tfwmas T. Davis, deceased. WHEREAS Thoms T. Davis deceased, late chancellor of this territory, did as such chancellor serve this terri- torry for a considerable time; A7id whereas no provision hath been hitherto made for allowing compensation for said services, and it being just that an allowance should be made. Therefore, TERRITORIAL LAWS, 1810 145 § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authoHty of the same, That in full for the above men- Allowance tioned services, there shall be allowed to Milo R. Davis & to whom. and Thomas Cleon Davis, heirs of the said Thomas T. Davis, deceased, the sum of thirty dollars out of any money in the treasury not otherwise appropriated, for which amount the auditor is hereby directed to draw by warrant on the territorial treasurer. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 15, 1810. WILLIAM HENRY HARRISON. ( 63 ) CHAPTER XXXm. AN ACT for the support of illegitimate Children. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That on complaint made to any Complaint to Justice of the peace in this territory by any unmarried whom made woman resident therein, who shall hereafter be delivered f^^ proceed- of a bastard child, or being pregnant with a child, which ^"^^ thereon, if born also may be a bastard, accusing any person of being the father of said child, the justice shall take such accusation in writing and thereupon issue his warrant, directed to the sheriff or one of the constables of his county commanding him forthwith to bring such accused person before said justice to answer to such complaint: and on return of such warrant, the justice in the presence of the accused person, if he may be taken, and if not, then in his absence, shall proceed to examine the com- plainant under oath respecting her cause of complaint, 11—49011 146 INDIANA HISTORICAL COLLECTIONS and such accused person shall be allowed to ask the said complainant when under oath any question he may think necessary for his justification, and such questions and answers with every other part of the examination shall be reduced to writing by the justice, and an examina- tion of such accused person shall pay or secure to be paid to the woman complaining such sum or sums of money or other property as she may agree to receive in full satisfaction and shall further enter into bonds with the overseers of the poor of the township in which such woman shall reside, and Suits to be brought and by whom. Accused to enter into recogni- zance & in what sum. ( 64 ) their successors in office conditioned to save such town- ship free from all charges towards the maintenance of said child, in such case the justice shall discharge such person, on his paying the costs of prosecution. § 2. Be it further enacted, That when any woman has a bastard child, and neglects to bring forward a suit for its maintenance, or commences a suit, and fails to prose- cute to final judgment, the overseers of the poor in any township, interested in the support of any such bastard child, where sufficient security is not offered to save the township, from expence, may bring forward a suit in behalf of the township against him who is accused of begetting such child, or may take up and prosecute a suit began by the mother of the child. § 3. Be it further enacted, That in case such accused person do not comply with the provisions of the first section in this act contained, the justice to whom such complaint was made shall bind such person in a recog- nizance to the next court of common pleas with sufficient security in a sum not less than one hundred dollars nor more than five hundred dollars to answer such accusa- tion, and to abide the order of said court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer to such complaint. TERRITORIAL LAWS, 1810 147 § 4. Be it further enacted, That if at the time of such court, the woman be unable to attend, the court shall Proceedings order the removal of the bonds of reco^izance, that the after recog- accused person shall be forthcoming at the next mzance. ( 65 ) court, at which the mother of said child shall be able to attend, and the continuance of such bonds shall be entered by order of said court, unless the security shall object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose. § 5. Be it further enacted, That where such accused person shall plead not guilty, to such charge before the court to which he is recognized, the court shall order the issue to be tried by a jury, and at the trial of such issue, the examination before the justice shall be given in evi- dence, and the mother of such bastard child shall be admitted as competent witness, and her credibility be left with the jury; Provided ahuays, That no woman shall be Proper wit- admitted as a witness as aforesaid who has been con- nesses, credi- victed of any crime which would disqualify her from be- ^ ing a witness in any other case; on the trial of the issue the jury shall in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child, also any variation in her testimony before the justice and that before the jury, and also any other confession of her at any time which does not agree with her testimony, or any other pleas or proofs made and produced on behalf of such accused person. § 6. Be it further enacted, That in case the jury find Reputed fa- the defendant guilty, or such accused person before the ther to stand trial shall confess in court that the accusation is true, he charg'd with shall be judged the reputed father of such child, mamte- *^ nance, «S:c. 148 INDIANA HISTORICAL COLLECTIONS Proceedings on neglect to comply with judgment of court. ( 66 ) and shall stand charged with the maintenance thereof in such sum or sums as the court shall order and direct, with payment of costs of prosecution, and moreover be liable to the suit of the complainant for damages, and the court shall require the reputed father to give security to perform the aforesaid order; and in case the reputed father shall neglect or refuse to give security as afore- said, and pay the costs of prosecution, he shall be com- mitted to jail of the county, there to remain till he shall comply with the order of the court, or until such court shall on sufficient cause shown direct him to be dis- charged. This act shall commence and be in force from and after the passage hereof. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 15, 1810. WILLIAM HENRY HARRISON. Proviso. CHAPTER XXXIV. AN ACT regulating the trade xvith Indiayis within tlie part of the Territory to which the Indian title has been extingiiisfied, and for other purposes. WHEREAS the governor has informed this general assembly that the president of the United States had directed him to recommend to the legislature of the ter- ritory the passage of a law to prevent the sale of ardent ( 67 ) spirits to the Indians; And whereas it appears probable from certain documents which have been laid before the TERRITORIAL LAWS, 1810 149 general assembly, by the governor, that the negociations between the United States and the Indian tribes are much interrupted by the interference of mischievious individ- uals, and that the harmony and good understanding be- tween the United States and the said tribes are likely to be interrupted, and the peace which has so long and so happily subsisted jeopardized by such improper and un- patriotic conduct; Ajid tvhereas this general assembly is desirous to shew its respect for the general government, and to promote as far as possible its humane and benevo- lent policy of civilizing the Indians, an attempt which can never be successful as long as the means of intoxica- tion are within their reach, and being desirous also to facilitate those extinguishments of Indian title which are at once so beneficial to the United States, their constitu- ents, and the Indian tribes — therefore as well for the purposes aforesaid, as to relieve their constituents from the injuries which they sustain from the depredations committed by Indians coming into the settlements to trade. § 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same, That No person to from and after the first day of March next ensuing, no trade with person shall be allowed to trade with any Indian or In- Indians dians, v/ithin the lands to which the Indian title has been ^'i^*^°^^ ^ ^^- extinguished, without having previously obtained a li- govemorun- cense from the governor of the territory, and having der penalty. ( 68 ) previously given bond with one or more securities to the governor and his successors in oflfice for the use of the territory, in the same penalty and under the same condi- tions as are required by the laws of the United States from persons trading with Indians in the Indian coun- try; Provided, That nothing herein contained shall pre- Certain arti- vent any person within this territory from purchasing clesexcept'd any kind of meat, sugar, or any article of Indian manu- 150 INDIANA HISTORICAL COLLECTIONS Governor to designate pla ces to trade. Not to sell or give spi- rits. Penalty and how recover- ed. facture, from any Indian or Indians, or shall prevent any person from purchasing with the produce of his or her farm, ardent spirits excepted, any such article, or any skins or furs. § 2. Be it further ermctcd, That the trade with the Indians, except as before excepted, shall be confined to such places on the frontiers as the governor may desig- nate, and where the ingress of the Indians may not be considered prejudicial to the persons and property of the good citizens of this territory. § 3. Be it fiu'ther enacted, That from and after the first day of March next ensuing, no person or persons shall sell, barter or give any ardent spirits or spiritous liquors to any Indian or Indians within the part of this territory to which the Indian title is extinguished. § 4. Be it further enacted, That any person or persons offending against any of the provisions of the preceeding sections of this act, he, she or they, on conviction thereof by indictment, in any court of competent jurisdiction, shall, for the first offence, pay a fine not exceeding five hundred dollars, nor less than one hundred dollars, and for every succeeding offence, a fine not exceeding six hundred dollars, nor less than two hundred dollars. What per- sons not to correspond with Indians ( 69 ) § 5. Be it further enacted. That if any person or per- sons shall without the permission or authority of the government of the United States, or of this territoiy, directly or indirectly, commence or carry on, any verbal or written correspondence or intercourse, with any In- dian nation or tribe, or any chief, sachem or warrior of any Indian nation or tribe, with an intent to influence the measures or conduct of any Indian nation or tribe, or any chief, sachem or warrior of any Indian nation or tribe, in relation to any negociations or treaties, disputes or controversies with the United States or this territory, or to defeat the measures of the government of the United States or this territory, or if any person or persons, not TERRITORIAL LAWS, 1810 151 duly authorised, shall counsel or advise, aid or assist in any such correspondence, with intent as aforesaid, he, she or they shall be deemed guilty of a high misdemeanor, Under what and on conviction thereof before any court having juris- penalty. diction thereof, shall be punished by a fine not exceeding three thousand dollars and not less than one thousand dollars ; Provided, That nothing herein contained shall be Except for construed to impair or abridge the right of individual redress of in- citizens of the United States to apply by themselves or Junes. their lawful agents, to any Indian nation or tribe, or to any chief, sachem or warrior of any Indian nation or tribe for the redress of any injuries in relation to person or property which such individuals may have sustained from such Indian nation or tribe, or any chief, sachem or warrior thereof. § 6. And be it further enacted, That no ( 70 ) person who by this, or any subsequent act, shall have the power of issuing licenses to trade with the Indians shall have any concern or interest in any such trade; and any person so offending, shall on conviction thereof, by indictment in any court of competent jurisdiction, pay a fine not exceeding three thousand nor less than five hundred dollars; Provided always, That nothing herein contained shall prevent the persons who issue licenses from purchasing of any Indian or Indians, any of the articles mentioned in the first section of this act, in the same manner, and under the same restrictions as other citizens of the territory are permitted to do by said sec- tion ; And provided alivays. That nothing in this act con- tained, shall prevent the United States superintendant of Indian affairs, or other agent of the United States from issuing ardent spirits to the Indians at the expence, and on account of the United States, or shall prevent the said superintendant, or other agent from treating, at their respective houses, any Indian or Indians, during any treaty or other conference. Persons au- thorised to grant licen- ses not to be concerned in trade, under what penalty Certain arti- cles except'd Provision in favor of U. S. superin- tendant. 152 INDIANA HISTORICAL COLLECTIONS DENNIS PENNINGTON, Speaker of the Hmise of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 15, 1810. WILLIAM HENRY HARRISON. Allowance to whom & for what. ( 71 ) CHAPTER XXXV. AN ACT for the relief of Benjamin Chambers. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authointy of the same, That Benjamin Chambers, be, and he is hereby allowed the sum of forty-one dollars, in full for his services in attending as a member of the coun- cil, on the legislature of this territory at the session of 1808; and the auditor of public accounts is hereby di- rected to audit, and the treasurer to pay the same ac- cordingly, out of any monies in the treasury not othenvise appropriated. DENNIS PENNINGTON, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 15, 1810. WILLIAM HENRY HARRISON. CHAPTER XXXVI. AN ACT supplementarij to the act entitled "An act respecting Grist-Mills and Millers. Chapter XXXVI. In the title of the enrolled act the word "regulating" is used instead of "respecting." — Ed. mills. TERRITORIAL LAWS, 1810 153 § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the same. That every water grist-mill What deem- already built, or which shall hereafter be built, that hath, f^,?^^^^^ or shall at any time grind for toll, shall (72) be held and deemed, and is hereby declared to be a pub- lic mill. DENNIS PENNINGTON. Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 15, 1810. WILLIAM HENRY HARRISON. CHAPTER XXXVII. AN ACT profviding for fixing the permanent seat of Government. WHEREAS it appears from an inspection of the map of the territory, a knowledge of the position of the sev- Proviso, eral Indian tribes, and the probable direction of future extinguishments of Indian title, and of future settlements, that a position which will for a great number of years be central both as to extinguished title and population, is to be found within the bounds of the tract ceded to the United States by the late treaty of fort Wayne; And whereas, the circumstance of the said tract being un- broken upon by purchasers, and still the property of the United States affords an opportunity of selecting a proper site for a seat of government, which if procured on account of the territory, either by purchase, or dona- tion from the United States, and the proceeds of the sale of the lots appropriated to the erection of public Commission- ers appoint'd Petition to be prepared & signed, by whom & for what. 154 INDIANA HISTORICAL COLLECTIONS (73) building, would be the means of procuring the speedy completion of said buildings and relieve the people from a very considerable burden. § 1 BE it therefore enacted by the Legislative Coun- cil and House of Rep^'esentatives, and it is hereby enacted by the authoHty of the same, That William Prince, John Hadden and James Smith, for the county of Knox ; Har- vey Heth, for the county of Harrison; Davis Floyd, for the county of Clark; William M'Farland, for the county of Jefferson; Benjamin M'Carty for the county of Frank- lin; Richard Maxwell, for the county of Wayne; and Elijah Sparks, for the county of Dearborn, be and they are hereby appointed commissioners for the purpose of selecting a site for a town which if approved of by the legislature of the territory, shall be the permanent seat of government of this territory. § 2. Be it further enacted, That a petition be prepared and signed by the president of the legislative council, and the speaker of the house of representatives, for, and on behalf of the legislature of the territory to congress, praying that honorable body to grant to the territory the right of locating within the bounds of the above men- tioned purchase, a tract of land of such size as they may deem proper for laying out a town for the purpose of fix- ing a permanent seat of government for the territory. § 3. And be it further enacted, That as soon after an act shall be passed by congress, granting a tract of land as aforesaid, or gran- K Governor to notify com- missioners & appoint time and place to meet. (74) ting a pre-emption right, as they may deem convenient, the governor shall notify the same to the above named commissioners and appoint a time and place for them to meet and proceed upon the duty herein assigned them, locating the said tract within the following bounds, namely, the Embarras fork of White river, the main TERRITORIAL LAWS, 1810 155 fork of Wliite river, the boundary line of the new pur- chase, lately run by John M'Donald, and a line which shall be parrallel to the latter, and at not more than twenty miles from it; Provided also, That the said loca- tion, or part of it, may be made on the north-west bank of the main fork of white river, or on the south-east bank of the Embarras fork, if is should appear to the said com- missioners that a more eligible site cannot be found with- in the said described bounds. § 4. And be it further enacted, That if the said com- missioners, or either of them shall neglect or refuse to Vacancies accept of their appointments it shall be the duty of the howsuppli'd courts of common pleas in the county where such com- missioner resides, upon notice of such neglect or refusal, to proceed to appoint another person to supply the va- cancy, and the person or persons so appointed, shall have the same powers given to those named in this act, and if any or all of the commissioners named in this act, or appointed by the courts of common pleas as herein di- rected, should neglect or refuse to attend at the time and place appointed by the governor, the governor upon noti- fication thereof shall proceed to fill up the vacancy or vacancies, as the case may be, paying due regard as far as ( 75 ) time and circumstances will permit, to a selection from the section of the territory from which the commissioners herein named have been chosen. And the said commis- To designate sioners having viewed the country within the bounds the tract. above described, shall proceed to designate the tract which in their opinion, shall be best calculated for the seat of government of the territory, having regard as well to the situation of the land, the water, and other natural circumstances, as to a central position between the following points, viz. fort Recovery, the mouth of the Wabash, the intersection of the boundary of the tract lately purchased from the Kickapoos with the Vermilion river, and a point on the Ohio, opposite the mouth of 156 INDIANA HISTORICAL COLLECTIONS Commissi- oners disa- greeing how to proceed. Kentucky. And if a majority of the said commissioners shall not be able to agree upon any particular spot for the purpose mentioned in this act, it shall be the duty of said commissioners to make a fair and correct state- ment to the governor in writing of their proceedings, particularly describing the places which the said commis- sioners may respectively have chosen with the reasons which may have governed their choice. And it shall then be the duty of the governor to appoint three persons as disinterested with regard to the question as can conven- iently be procured, who shall examine the statement made by the said commissioners, and determine which of the places therein described shall be fixed on for the seat of government ; and the place so fixed on shall be located by the governor in the land oflfice of the district in which it lies, and in case a majority of Gran not made by con gress, how & manner to proceed. ( 76 ) the commissioners shall agree in their choice they shall make a written certificate thereof, which certificate shall be signed by the whole or a majority of the said com- missioners, sealed and directed in their presence to the governor of the territory, and by one of them delivered to him; and the governor shall then proceed to locate the tract in the manner before mentioned ; and the cer- tificate of the said commissioners, and all other papers relating to the locating said tract shall be deposited in the office of the secretary of the territory, there to be kept as public documents. § 5. And be it further enacted, That if the United States should refuse to give to the territory a tract of land for tlie purpose mentioned in this act, but should allow a pre-emption right, then and in that case the pro- ceedings for designating the tract shall be the same as herein before directed, and the governor is hereby author- ised and required to enter the said tract for the terri- tory, and to draw by warrant from the treasury the sum necessary to enter the same, which shall not exceed one section, and the treasurer is hereby directed to pay the TERRITORIAL LAWS, 1810 157 Commissi- oners to take oath. Form. amount of said warrant out of any money in the treasury in preference of any other claim; and if there should be no money in the treasury, the governor shall be, and he is hereby authorised to borrow said sum, for, and on account of the territory, and the said sum shall, to- gether with the interest which shall not exceed ten per centum, be reimbursed out of the first money which there- after comes into the treasury. ( 77 ) § 6. And be it enacted, That the said commissioners, whether named in this act, appointed by the governor, or by the court of common pleas, take and subscribe the following oath or affirmation, as the case may be, before some person authorised to administer the same, "I do swear, or affirm, that I will faithfully perform the duties assigned me as commissioner for locating a site for the permanent seat of government, and that in the selection of the said spot, I will choose that which shall appear to be best calculated for the advantage of the territory." And each and all of the said commissioners however they Their com- may be appointed shall receive two dollars and fifty cents pensation. per day, as full compensation for each day that they may be actually employed on the business assigned them by this act. § 7. And be it further enacted, That as soon after the said location is made as it can conveniently be done, the Town to be governor shall cause a town to be laid off on the said laid off. located spot of land, after such plan as he may devise, and that the expences attending the same shall be paid for out of any monies in the treasury not otherwise ap- propriated, by warrant from the governor. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. 158 INDIANA HISTORICAL COLLECTIONS ( 78 ) CHAPTER XXXVIII. AN ACT concerning the Clerks of the courts of Common Pleas. § 1. BE z^ enacted by the Legislative Council and House of Representatives and it is hereby enacted by the Clerks where authority of the same, That from and after the first day to keep their of January next, all clerks of the courts of common pleas, offices. shall, and it is hereby made their duty to keep their offices at the seats of justice of their respective counties, any other law, custom or usage to the contrary notwith- standing. DENNIS PENNINGTON, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. CHAPTER XXXIX. AN ACT for incorporating the Roman Catholic church in Vin- cennes. — (Private.) Approved — 17th December, 1810. CHAPTER XL. A RESOLUTION for settling the. division line between the two Territories. WHEREAS doubts have arisen as to the Proviso. ( 79 ) point or place from whence the line dividing the Indiana territory as contemplated by the ordinance, is to start TERRITORIAL LAWS, 1810 159 from Post Vincennes ; And whereas doubts also arises as to what part of the settlement formed above Vincennes on the northwest side of the river Wabash, will form a part of the Illinois territory, for the settleing and quiet- ing whereof, BE it resolved by the Legislative Council and House of Representatives of the Indiana Ter^ntory, That the governor of this territory be, and he is hereby requested Duty of go- to open a correspondence with the governor of the Illi- vemor. nois territory, for the purpose of settleing the point of the town of Vincennes, from which the line dividing the How far line Illinois from this territory shall run, and if the said to be run governors can agree as to the manner of running said line, the governor of this territory is hereby authorised on the part of this territory, to make arrangements with the governor of the Illinois, for running and marking the same for the distance of thirty miles, on the north west side of the Wabash; Provided, That if the governor of Failure of a- the Illinois territory, or some person properly authorised micable ar- on the part of that territory, should not enter into an rangement amicable arrangement with the governor of this terri- °^ opro- toiy for running said boundary at the joint expence of the two territories, then and in that case, it shall be law- ful for the governor of this territory, to proceed to have the said boundary run and marked, commencing at the lower end of Vincennes, and any expences incurred by the Compensati- said governor in carrying the purposes of this act into on & how effect, shall be paid out of the contin- P^^^" ( 80 ) gent fund by said governor : Provided, That the running the said line shall not exceed two dollars per mile. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. 160 INDIANA HISTORICAL COLLECTIONS CHAPTER XLI. AN ACT concerning tax on Writs and court Fees. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the Parts of for- authority of the same, That the law of this territory en- merlawsre- titled "An act laying a tax on law process," so much of pealed. the act entitled "An act regulating the fees of the several officers and persons therein named," as authorises and respects court fees for the use of the countj% under the appellation of justices fees in the court of common pleas for the use of the county; and the second section of the law of this territory, entitled "An act to alter and amend an act entitled *An act organizing courts of common pleas and for other purposes," be, and the same are hereby severally repealed. ( 81 ) This act shall take effect and be in force from and after the first day of January next. DENNIS PENNINGTON. Speaker of the House of Represe7itatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. CHAPTER XLII. AN ACT supplementary to the act ascertaining and regulating fees. § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the same, That the coroner or sheriff TERRITORIAL LAWS, 1810 161 in certain ca- ses. for serving a subpoena on each and every person therein Coronor and named, shall and may ask, demand, have and receive, be- sheriffs fees sides the milage as now fixed by law, the sum of twenty- five cents and no more. § 2. And be it further enacted, That in lieu of the fees now authorised by law, and heretofore chargeable clerks &re- by the clerk, for probate fees, and the recorders for their corders fees, fees, the following shall be, and they are hereby substi- tuted, and shall be the only fees which shall hereafter be asked, demanded or received by the said officers for their services, to wit: — ( 82 ) PROBATE FEES. D For all copies each folio of 100 words, For administering an oath, For fileing, For citation, For letters of administration, 1 For letters testamentary, 1 Taking and fileing a renunciation and taking proof of a renunciation, and which proof the clerks of the courts of common pleas are hereby authorised and required to take, .... For proving a will, endorsing a certificate thereon, recording the same and fileing it, . . 1 For qualifying administrator, taking bond and writing certificate, 1 For fileing caveat, For proving codicil, if proved separately, en- dorsing certificate, recording the same, and fileing it, 1 For recording and examining inventory or ac- counts, 1 C 12 6 12 50 M 5 50 12 5 Probate fees. 12—49011 162 INDIANA HISTORICAL COLLECTIONS For granting administration, with the will an- nexed, 1 For settleing all accounts with executor or ad- ministrator, 50 Every copy of accounts not exceeding 100 items, with the certificate and seal of office, . 1 Reading & fileing petition to sell land and swearing administrator to the truth of the statement made & entering the necessary or- der thereon, 67 Giving notice by order of court for sale of land for each advertisement not exceeding three, 25 ( 83 ) RECORDERS' FEES. D C M Recorders For recording deeds or mortgages, 1 fees. For recording a penal bond, 50 For recording a promissory note, 25 For recording all other instruments of writing per sheet of 100 words, 12 5 For copies of all records and certifying the same, the same fees as for recording. And it shall be made the duty of all recorders within this territory to receive the acknowledgment or proof of deeds and other instruments of writing offered for record, for which they shall be entitled to no additional fees. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 163 CHAPTER XLIIL A RESOLUTION for Printing and Distributing the Acts of the present Session. RESOLVED by the Legislative Council and Hotise of Representatives, That Genl. W. Johnston and William Committee Jones, be, and they are hereby appointed a committee to appointed & contract with such person as they may think proper for ^leirduty. printing and stitching four hun- ( 84 ) dred copies of the acts passed at the present session of the Legislature, the ordinance for the government of this territory, with such parts of the act, or acts of Congress, which in any manner alter or amend the same, with marginal notes and index thereto, on the best terms, and at as early a period as they can; to effect which, the said committee shall take from the territorial secretaries office, all the original acts and resolutions, returning the same after they may have been printed. Resolved also, That the said committee do forward forty copies of the Number of said laws to the clerk of the court of common pleas of copies to each of the counties in this territory, the expences each county whereof shall be paid by the counties respectively, out of t^ijute^ their treasuries, upon an order of the said county, and the said forty may and shall be distributed by the said courts of common pleas within their counties in such manner as they may think proper; the said committee shall deposit the balance of the whole number of copies in the territorial secretary's office, subject to the dispo- sition of the governor: Resolved also, That the sum of Appropria- three hundred dollars be, and the same is hereby appro- *^°" ^^^ ^^^ priated to meet and discharge the expences contemplated ^ ^ ' in the above resolution, which shall be subject to the order of the said committee; sixty dollars whereof shall be drawn by them for their trouble in contracting for the 164 INDIANA HISTORICAL COLLECTIONS printing, making marginal notes, colecting, making an index, and forwarding the said laws; and the territorial auditor is hereby directed to audit upon the order of the said committee, either to the printer or ( 85 ) themselves, and the treasurer shall pay the same ac- cordingly. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. CHAPTER XLIV. AN ACT for the relief of Samuel M'Clure, William Brandy, John Curry & John Hogue. — (Private.) Approved — 17th December, 1810. Name of pro secutor not neccessary. CHAPTER XLV. AN ACT concerning Indictments and Presentments. §1. Be ii enacted by the Legislative Council and House of Representatives, and it is lierehy enacted by the authority of the same, That from and after the pas- sage hereof, it shall not be necessary or requisite that the name or names of a prosecutor or prosecutors be en- dorsed on any presentment or indictment which may hereafter be made or found in any court of record within this territory, but the United States shall be considered deemed and taken as prosecutors in all such presentments or indictments ; and in all and every case or cases, where the prosecution fails, or where the defendant or de- TERRITORIAL LAWS, 1810 165 ( 86 ) fendants is, or are unable to pay; each and every of the officers concerned in the said prosecution, shall not be Territory entitled to demand or receive, either from territory or nor county county, any fee or compensation for their trouble and chargeable services, other than the general or annual allowance now- made by law, which, it is conceived was intended, and shall so be taken, to be in full for such services, any thing in the act entitled "An act to authorise the courts of the counties within this territory to draw on the county treasurer for the services and expences therein men- tioned," to the contrary hereof in any wise notwith- standing. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 17, 1810. WILLIAM HENRY HARRISON. CHAPTER XLVI. AN ACT supplementary to the act entitled "An act respecting Apprentices." § 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same, That it ^.j^.^ ^q^ ^o shall not hereafter be lawful for any judge or justice release ap- of the peace of this territory, to dis- prentice. ( 87 ) charge any apprentice from the service of his master, but he shall upon complaint of ill usage or cruel treat- ^J^^°"^P • ,1 i, /. , ■ ■, ,. /. i-of apprentice ment by, or on the part of the said apprentice from his how to pro- said master, or others by his directions, recognize the ceed. 166 INDIANA HISTORICAL COLLECTIONS Contracts with appren- tices void. Apprentice absents him- self how mas ter to proc'd. parties in such security as he may think proper, to appear at the then next term of the court of common pleas, at which terni the said court shall hear in a summary way, and decide whether the said apprentice shall be dis- charged, or return to the service of his said master, and in case he be discharged the clerk of the said court shall give him a certificate thereof; and the decision of the said court shall in all cases be final and conclusive be- tween the parties. § 2. Be it further enacted, That any and every con- tract or voluntary enlistment hereafter entered into by any apprentice, during the time of his apprenticeship shall be, and the same is hereby declared absolutely null and void. § 3. Be it further enacted, That it shall and may be lawful for the master in case the apprentice deserts or absents himself from his service, or hides or secrets himself, to advertise in some news-paper, offering and giving a reasonable reward for the apprehending and bringing back the said apprentice, and in those cases where he absents himself, and openly runs at large, the master may and shall cause and have a warrant issued against him by any justice of the peace of the county, directing the constable or other civil ofllicer to bring the body of the said apprentice forthwith before him upon the production whereof, to order him to return into the service of ( 88 ) his said master, but should he refuse to return therein, then to commit him to the common jail of the county, there to remain until he shall so consent; Provided how- Apprentice ever, That the said apprentice may appeal to the next may appeal. court of common pleas, by entering into recognizance with sufficient surety to appear at, and abide the deci- sion of the said court, who shall hear and decide as is provided in the first section hereof. TERRITORIAL LAWS, 1810 167 § 4. And he it further enacted, That any and all time wilfully lost by an apprentice, shall be by him returned, Time lost by- day for day, to his master, at, and upon the expiration apprentice to of his indentures; and all reasonable costs and charges ^^ made up, .,., , , j_ii- 1- • & costs paid to which any master may be put by his apprentice m to be repaid apprehending or regaining him shall be repaid him by the said apprentice, at & upon the expiration of his apprenticeship. DENNIS PENNINGTON, Speaker of the House of Representatives, JAs. BEGGS, President of the Legislative Council. Approved — December 18, 1810. WILLIAM HENRY HARRISON. CHAPTER XLVII. A RESOLUTION for ascertaining and collecting the arrearages of the Territorial Tax. WHEREAS the collectors of the several counties of the Illinois territory were, at ( 89 ) the time of the division of the Indiana territory, in Proviso, arrears with the said territory ; And whereas it is thought expedient that the auditor do compel a settlement with said collectors, for aid whereof, BE it resolved by the Legislative Council and House of Representatives of the Indiana Territory, That the auditor be, and he is hereby Auditor to authorised to employ an attorney, if necessary, to con- employ attor duct any suit or suits, motion or motions, against said ney, hisfee collectors, and that the said attorney be allowed a sum not exceeding twenty dollars, in full for each suit or motion which may be necessary to institute or make against said collectors, and that the auditor do audit and & how paid. 168 INDIANA HISTORICAL COLLECTIONS the territorial treasurer pay the same out of any monies in the treasury not otherwise appropriated. Resolved, That the territorial auditor be, and he is Duty of au- hereby authorised and directed to raise and open accounts ditor. against all those persons who may heretofore have had the collection of the territorial tax in their hands since the formation of the present grade of government; for which purpose, and to effect which end, he is hereby au- thorised and directed to procure from the several clerks of the different courts of common pleas abstracts of the lands taxed in their respective counties for territorial purposes ; and likewise to open and raise distinct accounts against the several individuals who may have heretofore had accounts with this territory. Resolved, That the sum of one hundred and fifty dol- lars be, and the same is hereby appropriated to defray the expences which may arise under the above resolu- tion, not on- M Appropriati- on & for what. ( 90 ) ly for clerk compensation, but to the said auditor for his trouble in opening the said accounts, which shall be drawn for by the said auditor, and paid out of the treas- ury as in other cases, an account whereof shall by the auditor be laid before the legislature at their next session. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 18, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 169 CHAPTER XLVIII. RESOLVED by the Legislative Council and House of Representatives, That the committee appointed to super- intend the printing of the laws of the territory shall not private acts allow any part of any private act to be printed at the not to be expence of the territory other than the title of such act. printed. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 18, 1810. WILLIAM HENRY HARRISON. CHAPTER XLIX. RESOLVED by the Legislative Council and House of Representatives, That the Journals of both houses be printed in the ( 91 ) Western Sun, and so soon as the work shall be com- Appropria- pleated, there shall be allowed to the editor of the said tionandfor paper the sum of fifty dollars, to be paid out of any what, money in the treasury not otherwise appropriated, on the auditors warrant therefor. DENNIS PENNINGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 18, 1810. WILUAM HENRY HARRISON. 170 INDIANA HISTORICAL COLLECTIONS Persons fail- ing to •work on road how proceeded a- gainst. CHAPTER L. AN ACT concerning public Roads and High-Ways. § 1. BE it enacted by the Legislative Council and Hoiise of Representatives, and it is hereby enacted by the authority of the same, That from and after the passing hereof, when any person subject to work on the public roads and high-ways, shall be warned by the overseer thereof to work thereon and fails to attend accordingly, the said overseer shall and may lodge complaint thereof in writing, to any justice of the peace of the proper town- ship ; Provided hoivever, That the said overseer shall and do within ten days after such failure to work, give notice to the delinquent of his intention to lodge complaint be- fore such magistrate, which said magistrate upon such complaint being so filed, shall thereupon proceed to fine the said delinquent in the sum affixed by law unless he shall give to such magistrate a sufficient excuse for such non-attendance, before the ex- ( 92 ) piration of twenty days after such complaint filed, and upon affixing the said fine, the said Justice shall there- upon immediately issue execution, returnable as the law directs, which fine when collected, shall be paid by the Fine to who constable serving the said execution to the said overseer, payable. taking his receipt as such therefor, any thing hereof to the contrary in any wise notwithstanding. DENNIS PENNINGTON, Speaker of the House of Representatives, JAs. BEGGS, President of the Legislative Council. Approved — December 18, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 171 CHAPTER LI. AN ACT for apportioning the members to the Hoiise of Represent- atives and for other purposes. § 1. BE it enacted by the Legislative Council and House of Representatives and it is hei^ehy enacted by the authority of the same, That from and after the term for which the present members of the house of representa- tives have been elected, the following apportionment of members shall take effect and be established, to wit : the county of Knox shall elect three members, the county of Apportion- Harrison, one, the county of Clark, one, the county of nientof Jefferson, one, the county of Dearborn, one, the county of Franklin, one, and the county of Wayne, one, and the elec- tion therefor shall be hoiden on the first Monday of Au- gust, eighteen hundred and twelve, and biennially there- members. ( 93 ) after, on the first Monday of August. And the election of delegate to the thirteenth congress of the United States Timeofhol- shall be hoiden on the said first Monday of August, ding election eighteen hundred and twelve — and all subsequent dele- gates shall in like manner be elected on the first Monday in August biennially. § 2. And be it further enacted, That if any vacancy or vacancies should occur by death, resignation, or removal Vacancies of any or all of the representatives now elected for the howsuppli'd counties of Harrison and Knox, the governor shall issue his writ of election to supply such vacancy or vacancies, so that the representation from the said counties remain as it now is ; and if there should be a vacancy or vacancies in the representation of the county of Clark, the same shall be filled up by writ of election from the governor in the following manner, to wit : if both the representatives from said county of Clark should die, resign or be re- moved the place of one of them shall be supplied by an 172 INDIANA HISTORICAL COLLECTIONS election to be held for the county of Jefferson, and of the other by an election to be held for the said county of Clark, such as it will be after the said county of Jefferson shall be stricken off, and if only one vacancy should occur in the said representation, then it shall be supplied by an election to be held for that county where the member lived, who shall have created such vacancy; and if all the present representation from the county of Dearborn should die, resign, or be removed, their places shall be supplied by an election of one member from each of the counties of Dearborn, Franklin and Wayne, but if one or two vacancies only should occur, the va- ( 94 ) vancy or vacancies so created shall be supplied, if pos- sible, in such manner as to give one member to each county; and there shall be held in each county of the territory an election on the first Monday in April next for the election of a delegate to the twelfth congress of the United States, as well as for the supplying all vacan- cies in the house of representatives of the Territory, agreeably to the apportionment directed by this section § 3. And be it further enacted, That no person except What per- militia officers shall hereafter be eligible to a seat in sonsdisqual- either branch of the legislature who holds an office of ified from a honor, trust or profit directly under the president of the ^^^*' United States, nor shall any such person receive any office of honor, trust or profit under the authority of this Territory: Provided, That nothing contained in this act shall be so construed as to prevent the United States Judges from being appointed Chancellors in this Terri- tory. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. whom. TERRITORIAL LAWS, 1810 173 CHAPTER LII. RESOLVED by the Legislative Council and House of Representatives, that John M'Candless, be, and he is here- Appropria- by allowed the sum of two dollars and fifty cents out of tion and to any monies in the treasury not otherwise ( 95 ) appropriated, for stationery and fire wood furnished the present legislature. GNl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. CHAPTER LIIL A RESOLUTION allowing compensation to George. R. C. Sullivan. RESOLVED by the Legislative Council and House of Representatives, that George R. C. Sullivan, be, and he is Appropria- hereby allowed the sum of twenty dollars out of any tionandto monies in the territorial treasury not otherwise appro- whom, priated, in full for his services as an assistant clerk to the house of representatives during the present session. GNl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. 174 INDIANA HISTORICAL COLLECTIONS CHAPTER LIV. AN ACT making appropriation for the ensuing year. 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the ( 96 ) Contingent same, That the sum of three hundred dollars be, and the fund. same is hereby appropriated for contingent expences, and that all other monies, except the additional sum of three hundred dollars which by a joint resolution of both houses at the present session is made subject to the order of the committee for printing the laws, received, or which shall General fund be received into the territorial treasury shall be a gen- eral fund for all monies allowed by law; the said con- tingent fund shall be subject to the order of the governor for expresses, and other incidents which cannot now be foreseen by the two houses, a statement whereof shall be by him laid before them at their next section. § 2. And be it further enacted. That there is allowed, and shall be paid to the following persons for their serv- ices the following sums. To the Territorial Auditor for his salary, one hundred Specific ap- and fifty dollars; to the Territorial Treasurer for his propriations salary, one hundred dollars; to the county of Knox, for house rent to the end of the present session of the Legis- lature twenty dollars; to Joshua Bond, for a large table furnished for the house of representatives, six dollars; to E. Stout, for printing twenty-five copies of the rules for the use of the members of both houses, 12 dollars; to John M'Candless, for fuel and stationery furnished the two houses at the present session, and summoning the witnesses in the enquiry upon the petition concerning P. (96), 1. 12. In the enrolled act the last word is "session" in- stead of "section." — Ed. TERRITORIAL LAWS, 1810 175 Burrism, thirty-six dollars and seventy-one cents; to the attorney general, in full for his salary, one hundred dol- lars; to Peter Jones, for his services as ex auditor of this territory from the twelfth day of September, eigh- ( 97 ) teen hundred and nine, to the twelfth day of April, in- Specific ap- stant, eighty seven & a half dollars ; to William Prince, for propriations his services as the present auditor from the thirteenth day of April last, to the twelfth of December, instant, one hundred dollars; to Waller Taylor, for his services as Chancellor of this territory, one hundred and fifty dol- lars; to Samuel Gwathmey and John Badollet, registers of the land offices for lists of lands the present year, 5 dollars each; to Peter Jones, the amount of his account for postage on letters and other documents for, and upon the business of the territory, eight dollars fifty cents ; and the territorial auditor is hereby directed to audit, and the treasurer pay the same accordingly. § 3 Be it further enacted, That the sums heretofore audited by the present auditor to the treasurer and the Legalize cer- attorney general of this territory for their services for tain sums au- the last year, be, and the same are hereby legalized, dited. § 4. And he it further enacted, That the present audi- tor be, and he is hereby authorised and directed to have Auditor to made a plain proper case of such dimensions as he may procure case, think proper, for the purpose of containing and secur- ing the books and papers of his office ; Provided, The ex- pence thereof does not exceed ten dollars, which sum is hereby appropriated for that purpose, and the auditor N 176 INDIANA HISTORICAL COLLECTIONS ( 98 ) shall audit, and the treasurer pay the same accordingly. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. First sergt's. to be collec- tors & their allowance. Delinquen- cies by who certified. How collec- ted. CHAPTER LV. AN ACT supplemental to an act entitled "An act establishing and regulating the Militia." § 1. BE it enacted by the Legislative Council and House of Representatives of the hidiana Territory, and it is hereby enacted by the authority of the same, That the first sergeants of each company shall be, and they are hereby constituted collectors of the fines assessed by courts martial and coui'ts of enquiry, for which they shall be allowed seven per centum on their collections; and it shall be the duty of the presidents of the courts of enquiry and courts martial, to make out a correct list of all delin- quencies, and the same being certified by himself, the judge advocate, and the two next eldest officers of the court, shall be delivered by him to the first sergeant of the company, on or before the first day of April, yearly and every year, and the receipt of the said sergeant be deposited with the clerks of the regiment respectively, and the said sergeant shall proceed to collect the said fines in the same manner as the county levies, and shall account with the said clerk of the regiment in the same man- ( 99 ) ner and in the same time that county levies are accounted TERRITORIAL LAWS, 1810 177 for, and he shall moreover be subject to the same pen- alties for negligences and omissions in relation to this law, as the sheriff is or shall be subject to for neglect or omission with regard to the collections of the county- levy; Provided ahvays, That the said sergeants shall be credited by his list of delinquencies and insolvents, to be first examined by the colonel of the regiment; Provided also, That all fines which are now due to the territory for any neglect of the militia duty shall be, and the same are hereby released and given up. § 2. And be it further enacted, That persons who are subject to militia duty, and who shall emigrate from an- other state or territory, or from the bounds of one regi- ment into another, shall not be subject to be enrolled for forty days after such removal, and the captains respec- tively shall enroll such emigrants as soon after the ex- piration of the said forty days as they may have informa- tion of the residence of the said emigrant within their bounds, and in all cases of doubt respecting the age or ability of any person enrolled, or intended to be enrolled, the party questioned shall prove his age or disability to the satisfaction of the commanding officer of the com- pany within whose bounds he may reside. § 3. And he it further enacted, Should circumstances in the opinion of the commander in chief make it neces- sary, a regiment may consist of more than two battalions, and a battalion of more than four companies. § 4. And he it further enacted, That captains shall not be obliged to make their re- Penalty for neglect. Former fines relinquished Forty days residence be- fore enrolled Of regt's. & battalions to consist of. ( 100 ) gular returns to the majors in ten days after regimental, battalion and company musters, but shall make the same on or before the day appointed for holding the next court of enquiry after such muster, on or before which day the majors respectively shall make the return of the delinquent officers of his battalion to the commanding officer of the regiment, and within ten days after the said court of enquiry, the majors respectively shall make Captains to mak returns. Majors to make return of delinque't officers, and compleat re- turn of bat- talion. 13—49011 178 INDIANA HISTORICAL COLLECTIONS Court of en- quiry for as- sessment of fines. Adj. gen. to have blank returns prin- ted & destri- buted. Neglect of duty how punished. to the colonel a compleat general return of their bat- talions. § 5. And be it further enacted, That a court of en- quiry for the assessment of fines shall consist of any number of commissioned officers, not less than three, who shall attend at the time and place appointed, and in ad- dition to the oath which the members are required to take by the law to which this is a supplement, they shall be sworn to declose all delinquencies which may come to their knowledge, which delinquencies shall be considered and acted upon by the court, in the same manner as those upon the returns. § 6. And be it further enacted, That the adjutant gen- eral shall cause blank forms of returns to be printed and distributed to the officers commanding corps, and his reasonable account for printing and transmitting the same, together with the postage on letters sent and re- ceived, containing orders, or returns and reports shall be admitted by the governor, and paid out of the contingent fund. § 7. And be it further enacted, The same penalties shall be incurred by the officers respectively, who shall neglect to turn out their commands, and to attend them- selves, and by the non-commissioned officers and Regimental musters dis- pensed with in certain ca- ses. Command- ing officer to fix bounds to parade. ( 101 ) privates for not attending properly equipped at any re- view by the commander in chief, as are directed to be inflicted for neglecting those duties in relation to a gen- eral muster. § 8. And be it further enacted. That when the dis- persed situation of a regiment may oblige men to march more than twenty miles to the place of parade, it shall be at the discretion of the commanding officer of the regiment to dispense with the regimental musters, and instead thereof to muster them in battalions, or lesser bodies; and each commanding officer of a corps when on duty shall have full power and authority to ascertain and fix certain necessary limits and bounds to their re- TERRITORIAL LAWS, 1810 179 spective parades, no road on which people usually travel to be included, within which no spectator shall have a right to enter without liberty from said commanding officer, and in case any one shall intrue within the lines of the said parade, after being once forbidden, he shall be subject to be confined under guard during the time of exercise, at the discretion of the commanding officer; and all officers when on duty shall take rank from the date of rank expressed in their several commissions, and when two of the same grade be of equal date, former service shall decide between them, but when their is no pretension on either side from former rank, then it shall be decided by lot as heretofore. § 9. And be it further enacted, When a non-commis- sioned officer returns to the ranks having performed a tour of duty in that capacity, he shall be placed in a class which may also have performed a tour of duty, and if he returns to the ranks without Persons in- truding how punished. How officers to take rank. Non-com- missioned of- ficers how to be classed. (102) having performed a tour of duty as a non-commissioned officer, he shall be arraigned by lot to a class which shall not have performed a tour, and if a non-commissioned officer or private who has not performed a tour of duty, shall join a select company, granadiers, light infantry or select rifle-men which company has performed a tour of duty, he shall nevertheless be subject for two years from the date of his joining such flank company, to per- form his tour of duty with the class of that company which he may have left, and his name shall be continued for the said two years on the class roll accordingly. § 10. And be it further enacted, That to prevent the confusion and difficulties which arise from the non-com- Whatoffi- missioned officers and privates of the several troops of cersmay dragoons, companies of granadiers, artillery, light inf an- ^^"^ ^^^' try, and select rifle-men, leaving their corps and joining ^ow^^^ ^"^ other militia companies, it is hereby declared that in future no such noncommissioned officer or private, shall 180 INDIANA HISTORICAL COLLECTIONS be permitted to leave his troop or company, without being regularly discharged from the same, by an order from the commander in chief, or a general officer of brigade or division, or until the appointment of general officers by the colonel of the regiment to which such troop or company may be attached, who are hereby respectively authorised to grant such discharges upon proper cause being shown : Provided always, That no such non-commis- sioned officer or private, shall be obliged to serve in such troop or company for more than five years : Ajid provided also, That any person subject to militia duty, may be permitted to join in said Notice of musters how to be given except, &c. ( 103 ) flank companies although they may be above twenty- eight years of age; and until the formation of brigades, the troops of cavalry shall be considered as attached to the regiments respectively within the bounds of which the greatest part of said troops may have been raised, and they shall receive their orders from the commanding officer of said regiment. § 11. And be it further enacted, That notice for the ordinary musters and trainings shall be the same as is expressed in the law to which this is a supplement; but in case of invasion, threatened invasion, insurrection, or other emergency, any time specified in the orders shall be considered legal; and the persons respectively who shall neglect or refuse to obey such orders shall be subject to the same penalties as if the notice had been given in the manner directed by the law to which this is a supplement, and unless when called into actual service, it shall not be necessary to read the articles of war, unless when it shall appear to the commanding officer that it can be done without inconvenience; and it shall not be necessary, unless when called into actual service, for the platoon officers to be armed both with swords and espontoons, either of which shall be sufficient. § 12. And be it further enacted, That when the funds TERRITORIAL LAWS, 1810 181 derived from the fines shall in the opinion of the courts Certain offi- of enquiry authorise the measure, the said courts shall cersmaybe allow to the adjutants, the judge advocates and the staff ^ilow'd com- ofRcers such compensation for their trouble in making the returns as to them shall appear reasonable. ( 104 ) § 13. And whereas the society of friends called Quak- ers, have ever professed themselves from their first for- Proviso, mation, conscientiously scrupulous of bearing arms, and on that account they have in many of the states been en- tirely exempt from militia duty, and even if a small fine would be imposed upon them, in lieu of days that other citizens devote to militia improvements, such are the scruples of the said society that it would only be paid by such part of them as are less attentive to the principles which govern them, whilst to the others it would prove a source of much greater injury and vexation, than of profit to the territory: And whereas, the universal benevolence which govern said society, established by their ample contributions to all charitable and useful in- stitutions, and particularly their exertions to civilize the Indians, a fund having been actually raised to be devoted to that object in this territory: Therefore, as well for those reasons as from the circumstance of the said society being always in the habit of supporting their own poor, although they cheerfully pay their poor tax for the sup- port of those of other denominations: Be it enacted by the authority aforesaid, That the persons composing said Society of society shall be, and they are hereby exempted from friends, call- militia duty : Provided always, That in time of actual war ^^ Quakers they will be subject to such additional tax or contribu- ^^^"^^ ' tion, in lieu of militia services as the legislature may think proper to impose. § 14. And be it further enacted, That so much of the act entitled "An act regulating and establishing the Partoffor- militia," as comes within the purview of this act shall be. "^^^^^^'^^®- and P^^^^^- 182 INDIANA HISTORICAL COLLECTIONS ( 105 ) Part of for- the same is hereby repealed : Provided always, That noth- mer law re- ing in this act, or in the said recited act, shall be so con- pealed, strued as to prevent the commander in chief, and the commander's of divisions, brigades, regiments and bat- talions to require special returns and reports to be made to them of the state of their commands from any or all of their inferior officers, which returns and reports shall be made accordingly, nor shall any thing in this or the said recited law, prevent the commander in chief from calling out the militia, or any part thereof, on any emer- gency other than that of an invasion : Provided, the same is not incompatible with the constitution and laws of the United States or of this territory: And provided also. That nothing in the act to which this is a supplement shall prevent a company of infantry from being formed in remote settlements, although the number of officers, non-commissioned officers and privates shall not exceed thirty, and the right of laying off new company districts shall appertain solely and exclusively to the commanding officer of the regiments respectively: And provided also, That nothing in this, or the said recited act, shall prevent the commander in chief from establishing independent battalions when the same may be so detached as to make the formation of a regiment inconvenient, and the majors commandants of such battalions shall perform in relation to those battalions the same duties, and be invested with the same powers that the commandants of regiments are. § 15. Be it further enacted, That no offi- Officers not to treat on musters, nor other persons to bring li- quors under what penal ty how reco- vered, &c. ( 106 ) cer of the militia shall be allowed to treat his men with any ardent spirits or strong water on the days of mus- ter, nor shall any person be allowed to vend liquors of that kind on any day of training, muster or review, within two miles of the parade ground, and if any person shall bring any such liquors within two miles of such TERRITORIAL LAWS, 1810 183 parade ground, it shall be the duty of the commanding officer to seize the same, and the person bringing or sell- ing such liquor within the bounds above described, shall, besides the loss of such liquor, forfeit and pay a fine of fifteen dollars, to be recovered by any person suing for the same, before any justice of the peace, one half to the use of the informer, and the other half for the use of the territory : Provided however, That nothing in this section shall extend to in-keepers, whose stands may be within the aforesaid distance of two miles. § 16. The commander in chief shall have authority to introduce such part of the system of discipline called the new tactics, amongst the militia of the territory as in his judgment may appear proper. § 17 And be it further enacted, That no order or exe- cution shall hereafter issue from any court of enquiry and assessment of fines until the second court after de- linquency or ofi'ence shall have been suffered or com- mitted, in order that the delinquent may have time to make his excuse before the said court of enquiry before the assessment of the fine : Provided, That after the fine may be so assessed at the said second court of enquiry, no excuse shall be received, which fine, when so assessed, shall be certified to the judge advocate within fifteen days thereafter under New tactics may be in- troduced, & by who. Duty of court of en- quiry for as- sessment of fines. ( 107 ) his hand and private seal, to the first sergeant of the company to which the delinquent may belong, and by said first sergeant collected of the delinquent by sale of goods or imprisonment of body, and by him paid unto the clerk of the regiment within thirty days after he may and shall receive the said list, in nature and effect of a warrant, any thing in the aforesaid law contained to the contrary notwithstanding. § 18. And be it further enacted, That nothing in this act, or that to which the present is a supplement, shall be Students not so construed or extended to exculpate students from per- exempt from forming militia duty. militia duty. 184 INDIANA HISTORICAL COLLECTIONS Clerk to set- tle, who with & under what penalty Colonels to settle, who with, & und- er what pen- alty. Part of for- mer law re- pealed. Officers to serve under old commis- sions, until, &c. § 19. Be it further enacted, That it shall be the duty of the clerks of the respective regiments to settle with, and pay into the hands of the colonels of the counties all monies which they shall have received from the sergeants of regiments on or before the first day of September, annually, and every year, under the penalty of two hun- dred dollars, to be recovered by action of debt, at the suit of the colonels of the respective regiments, for the use of their respective regiments, and the said colonels respectively shall appropriate the monies so received to the use of the said regiment, in furnishing such military impliments and cloathing as may be deemed necessary. § 20. And be it further enacted, That the said colonels of regiments shall annually settle their accounts for the monies so received and expended, with the courts of en- quiry, under the penalty of two hundred dollars, to be recovered by action of debt, by the ( 108 ) Judge advocate of the respective regiments, for the use of said regiments. § 21. And he it further enacted. That so much of the act to which this is an amendment, as requires the militia to uniform themselves, shall be, and the same is hereby repealed : Provided nevertheless, That this clause shall not be construed to extend to light companies. § 22. And he it further enacted, That the officers of the militia shall serve in their respective grades, under the commissions which they now hold, until it shall be convenient for the executive to issue new ones, although the said commissions may express regiments in which said officers no longer serve. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 185 CHAPTER LVI. WHEREAS, the two houses by their joint resolution of the fourteenth instant, have directed that the journals Proviso, of both houses at the present session should be printed, but omitted to designate by what way they should get to the press — wherefore, RESOLVED hij the Legislative Council and House of Representatives, That the joint committee appointed to superintend the printing and distributing the acts, &c. of the ( 109 ) present session be, and they are hereby authorised to re- Specific ap- ceive from the secretary of the Legislative Council and propriation the clerk of the House of Representatives, the journals to whom, & of their respective houses, and to superintend the print- ing thereof, for which service the said committee shall be entitled to, and receive from the treasury, upon the order of the auditor, the additional sum of twenty dollars. DENNIS PENNIGTON, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. for what. CHAPTER LVII. A RESOLUTION respecting the Militia Laws. RESOLVED by the Legislative Council and House of Representatives of the Indiana Territory, That the com- ^v.^^*^^^t^d mittee appointed to superintend the printing of laws be, ^ where de- and they are hereby authorised to cause an extra number posited, &c. 186 INDIANA HISTORICAL COLLECTIONS of the militia laws passed at the present session to be printed, and that the governor cause to be printed a number of copies of the old militia law ; and that the laws so printed, shall be deposited in the office of the secretary of the territory to be by the governor distributed amongst the militia officers in lieu of the revised code; and the number of copies of the said laws to be printed, shall be determined by the gover- ( 110 ) nor, and the expence thereof paid out of the contingent fund. GNl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. Proviso. Place of per- manent seat of govemm't CHAPTER LVIII. AN ACT supplementary to the act for establishing a permanent seat of govemjnent of this Territory. WHEREAS a law has been passed at the present ses- sion of the general assembly, providing for the location of a seat for the permanent seat of government of the territory: And whereas it is just that the seat of gov- ernment should be there removed as soon as the arrange- ments can be made — therefore, § 1. BE it enacted by the Legislative Council and Hou.se of Representatives, and it is hereby enacted by the aiithonty of the saine, That the place located by the commissioners appointed under the authority of the be- fore mentioned act, shall be the permanent seat of gov- ernment of this territory, and that within twelve months TERRITORIAL LAWS, 1810 187 after the lots in the said town shall be exposed for sale, measures shall be taken by the executive to remove thither the offices appending to the seat of government, and the subsequent session of the legislature also be holden there. GNl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. ( 111 ) CHAPTER LIX. AN ACT allowing compensation to the members of the Legislative Council and House of Representatives of the Indiana Territory, and to the Officers of both Houses at the present session. § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by Compensati- the authority of the same, That each and every member ontomem- of the legislative council and house of representatives, bers, &c. shall be entitled to and receive out of the territorial treas- ury, upon the certificate of the auditor, for each and every days attendance on the legislature at the present session, the sum of two dollars, and shall moreover be allowed the sum of ten cents per mile travel to and from Vincennes, to their places of residence by the most usual road. § 2 Be it further enacted, That the clerk of the leg- islative council, shall, in the like manner receive for his Compensati- ser\aces at the present session, the sum of three dollars on to clerks, and fifty cents per day; and the clerk of the house of representatives, shall, in like manner receive for his serv- ices at the present session, the sum of three dollars and fifty cents per day; and the door-keeper of both houses, shall, in like manner receive for his services at the pres- 188 INDIANA HISTORICAL COLLECTIONS By whom certified. ent session, the sum of one dollar and fifty cents per day. § 3. And be it further enacted, That the compensation which shall and may be due to the members and officers of the legislative council shall be certified by the presi- dent thereof, and that which shall and may be due to the members and officers of the ( 112 ) house of representatives, together with the door-keeper of both houses, shall be certified by the speaker thereof, which certificate shall be to the auditor sufficient evi- dence of claim, and he shall thereupon issue certificates to the several members and officers aforesaid, payable at the treasury of the territory, as in other cases. GNl. W. JOHNSTON, Speaker of the House of Representatives, JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. Times of holding courts of common pleas, &c. CHAPTER LX. AN ACT fixing the time at which the courts of Common Pleas an to be held in certain counties, and for other purposes. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the Judges of the court of Common Pleas shall hold a court in the following coun- ties, to wit ; for the county of Harrison, the first Monday in February, June and October; the county of Clark, on the second Mondays of February, June and October; for the county of Jefferson, on the third Mondays of Feb- ruary, June and October; for the county of Dearborn, TERRITORIAL LAWS, 1810 189 on the fourth Mondays of February and June, and the second Monday in November; for the county of Frank- lin, on the first Mondays of March and July, and the third Monday in ( 113 ) November ; for the county of Wayne, on the second Mon- days of March and July and fourth Monday in Novem- ber; Provided nevertheless, That there shall be no court held in the county of Dearborn, on the fourth Monday in February next, but shall afterwards be holden on the said days as above specified, and also that all process which have been issued, and suits pending in the coun- ties of Clark and Dearborn, which have been made re- turnable, and suits to be determined at any court in said counties heretofore fixed by law, shall stand adjourned over and be tried and determined at the terms fixed in this section, in the same manner as if this act had not been passed, and that the said courts may hold six days and no longer, at each term, any law to the contrary hereof notwithstanding. § 2. Be it further enacted, That the said Judges of the courts of Common Pleas, shall hold annually three other sessions, at which no proceedings shall be had in suits or process of a civil or criminal nature, in each county following, to wit : for the county of Jefferson, on the second Mondays of February, June and October; for the county of Franklin, on the third Mondays of Febru- ary, June and October; for the county of Wayne, on the fourth Mondays of February, June and October, and that the said courts may hold three days, and no longer, at each term, any law, to the contrary hereof notwithstand- ing. § 3. And be it further enacted. That the Judges of the Circuit courts may hold annually a Circuit court in the following counties Times of hoi ding courts of common pleas, &c. When cir- cuit courts to be holden 190 INDIANA HISTORICAL COLLECTIONS Courts and proceedings therein, ad- journed in certain coun ties, &c. Time of com mencement of certain acts. ( 114 ) at the times herein specified, to wit : for the county of Harrison, on the fourth Monday in May; Clark, on the third Monday in May; for the county of Jefferson, on the second Monday in May ; for the county of Dearborn, on the first Monday in May; for the county of Frank- lin, on the fourth Monday in June, and for the county of Wayne, on the third Monday, in June. § 4. And be it further enacted, That there shall be no court holden either in the counties of Harrison or Clark, on the first Monday in January next for the county of Clark, and the second Wednesday in January next, for the county of Harrison, but the same shall be continued over to the times affixed by this act, & all suits pending in said courts and process returnable to the said first Monday in January, and second Wednesday in February, shall be continued over, and made returnable to the first Monday in February, for the county of Harrison, and the second Monday in February, for the county of Clark. § 5 Be it further enacted, That the act for the divi- sion of Clark and Dearborn counties, and for the forma- tion of a new county out of the said two counties, and also the act for the formation of two new counties out of the counties of Dearborn and Clark, shall take effect, and be in force on the first of January, eighteen hundred and eleven. GNl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 191 ( 115 ) CHAPTER LXI. AN ACT legalizing the sale of a quarter section of land sold by the board of Trustees of the Vincennes University. — (Private.) Approved — 19th December, 1810. CHAPTER LXII. AN ACT to amend an act entitled "An act to regulate the dis- position of water crafts of certain descriptions found gone or going a drift, and of estray animals." § 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 the owner or owners Property of of any estray animals taken up under the provisions of estray vested the aforesaid recited act, shall not appear within 2 years ^^ *^^^^ ^P after the publication required in the said act, and prove ^ *®^ years, his, her or their property, then, and in that case the property shall be vested in the taker up : Provided never- theless, That nothing in this act shall be so construed If claimed af as to prevent the lawful owner or owners of any estray ter 2 years animal or animals, from proving his, her or their prop- "^^^ P^^ ^P' erty at any time after the expiration of the said two ^ei^ver"upes^ years ; but it shall be at the choice of the taker up, either ^^ay. to deliver up the estray, or to pay the amount of the appraisment, after deducting the necessary expences of taking up, and also reasonable charges for keeping such estray or estrays, but if such taker up shall make use of any estray horse or horses, by working him or them, in such case he ( 116 ) shall not be entitled to any pay for keeping said horse or horse creatures. § 2. And be it further enacted. That all and every part Repealing of the aforesaid recited act, that comes within the pur- clause. 192 INDIANA HISTORICAL COLLECTIONS view of this act, be, and the same is hereby repealed. GNl. W. JOHNSTON, Speaker of the House of Representatives, JAs. BEGGS, Pr-esident of the Legislative Council. Approved — December 19, 1810. WILLIAM HENRY HARRISON. AN ACT to Incorporate the Indiana Church. Whereas it has been represented to the general assem- Proviso. bly of the Indiana territory by sundry citizens of the county of Knox, of the Presbyterian faith, and is by the said general assembly believed that the propagation of the gospel contributes in an eminent degree to civi- lization, and that republican legislatures have, and ever ought to extend their constitutional aid to every institu- tion, whose basis is religion, and whose object is gen- eral philanthropy, and improvement of the human species; that the incorporation of churches with proper restrictions, will be the sure means of diffusing the great and important truths contained in the Divine revelations ; to effect which humane views, they, the said citizens have requested an act of incorporation to the Presbyterian church — therefore, § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the Trustees ap- pointed, and their powers. ( 117 ) same, That for the better ordering, ruling and govern- ing the said association and its members, John Gibson, William M'Clure, Samuel Thompson, John Ockiltree, and Joseph Williams, shall be, and they are hereby appointed the five first trustees of the said institution, who shall continue in office for the term of three years from the TERRITORIAL LAWS, 1810 193 passage of this act; and that they, and their successors, shall be a body corporate and politic, in deed, fact and name, by the name and style of "The Indiana Church," by which name they shall have perpetual succession ; and that they and their successors, by the same name and style, shall be persons in law capable of suing, and being sued, plead, and being impleaded, answer, and being an- swered unto, defend, and being defended, in any and every court of justice within this territory; as also to purchase, or receive in gift, and hold for, and in the name, and to and for the use of the said institution, any estate, real and personal, whatsoever : Provided, The real estate so to be holden, shall at no one time exceed the quantity of six hundred acres of land : And provided also, May hold es- That the lands, tenements, and hereditaments which may tates how, hereafter be acquired by the said institution shall not be ^^' aliened without the consent of the members of the said church, in which case the trustees, or a majority of them for the time being, shall make and execute the transfer. § 2. Be it further enacted. That an election of five trustees shall take place, by the then actual members lection and of the said church, on the first day of December, anno vacancies Domini, one thousand eight hundred and thirteen, howsuppli'd ( 118 ) and on the same day triennially, ever thereafter; and should a vacancy or vacancies happen in the intermedi- ate time of the stated elections, the same shall be sup- plied by the then remaining trustees, from amongst the members of the church. § 3. And be it further enacted, That the said trustees, or a majority of them, shall have power from time to Duty of the time, and at all times hereafter, to meet and make such trustees, &c. by-laws, ordinances and regulations in writing, not how- ever, inconsistent with the constitution and laws of the United States, or of the ordinance and laws of this ter- ritory, as may be necessary for the government of the said corporation, its members and concerns, which by- 14—49011 194 INDIANA HISTORICAL COLLECTIONS laws shall be in force until the next triennial meeting, and afterwards, unless disagreed to at such meeting by a majority of the members of the said church ; Provided ahvays, That the by-laws so made, shall by the trustees, be laid before the said meeting, in order that the same may undergo examination, and if thought advisable, rejected. DENNIS PENNIGTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — December 7, 1810. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1810 195 ERRATA. Page 14, In the date of the law, chapter 1 read *23,' in place of *22.' 49, In the date of the law, chapter 26 read '14/ in place of *13.' 100 In the 20th line from the top, read 'disclose,' in place of 'declose.' 101 In the 20th & 21st line from the top, read 'in- trude,' in place of 'intrue.* TERRITORIAL LAWS, 1810 197 INDEX. ^ Page. Appropriations specific, to whom, for what and how paid, 24 32 49 65 71 Attomies, no person shall practice as such who is not a citizen resident, except to finish present suits, 28 Violating this prohibition, finable, how much, to what use and how recovered, 29 Forfeits to county, the assignment of right of action made to enable him to appear, 29 Receiving such assignment fineable, how much, to what use and how recovered, 29 Duty of several courts to carry law into effect, 29 Courts failing, fined how much &c 30 To prosecute the pleas in the several counties, to be ap- pointed by the governor, their fees, &c. 30 Acts, see laws. Artillery corps, see militia. Adjutant general, see militia. Auditor to procure case, 97 Certain acts of, legalized, 97 Salary of 96 Required to proceed to collect arrearage taxes, 88 & 89 Appropriation therefor, 89 & 90 Appropriation, for contingencies, 96 Specific, ibid For printing laws, 84 For printing jour, of both houses of legislature 91 109 For door-keeper, 112 For William Prince, 97 For George Rogers Clark Sullivan, 95 For E. Stout, 96 For Samuel Gwathmey, 97 For Waller Taylor, ibid For William Prince, ibid For John M'Candless, 94 95 96 For John Badollet, 97 For Joshua Bond 96 198 INDIANA HISTORICAL COLLECTIONS Apportionment of members of house of representatives,. . .92 & 93 Apprentices not to be discharged by judge or justice 86 & 87 Complaint of ill usage parties to be recognized to next court of Common Pleas 87 INDEX. Page. Contracts or enlistment of, void, 87 Absenting themselves from service, how to be proceeded against, ibid May appeal in certain cases, 88 Must make up lost time, ibid Attorney general, salary of, 96 B Bastards, relief offered to the mothers of, and how obtained,. . 63 Suit may be brought against the father of, 64 Fathers of, to enter into security, ibid Fact of father of, to be tried by jury, and mother may be a witness, 65 Reputed father of, charged with maintainance, ibid Father neglecting to comply with judgment of court, how proceeded against, 66 Beggs James, allowance to, and for what, 25 BadoUet John, allowance to, 97 Bond Joshua, allowance to 96 Battalion, see militia. Brigades, see militia. c Courts of Clark and Dearborn to proceed in suits, &c 15 & 20 Counties, formation of two new ones out of Clark & Dearborn, 19 Caldwell John, allowance to and for what, 25 Chancery, clerk of, to receive fees, what, and how collected,. . . 31 Clark county, seat of justice of, to be removed from Jefferson- ville to Charlestown, so soon as jail is built, security given, and lots conveyed, 56 Charlestown incorporated, trustees appointed and their powers, 57 Trustees to sell and convey lots, manner thereof, for what use, and how proceeds applied, 58 Subscriptions how received and applied, 59 Vacancy in trustees how supplied, ibid Petitioners to, to build court house in, if subscriptions not TERRITORIAL LAWS, 1810 199 sufficient, ibid Petitioners to furnish court house, ibid Provisions not complied with, act void, ibid Chambers Benjamin, allowance to, for what and how paid,. ... 71 Clerks of Common Pleas to keep their offices at county seat, . . 78 Cavalry, see militia. Contingent fund, see appropriation. Clerks to both houses of legislature, their compensation Ill Their allowance how to be certified, ibid Compensation to members of legislature, ibid Committee to print laws of eighteen hundred and ten, 83 84 INDEX. Page. To procure and print journals of both houses of legis- lature, 108 109 Commissions, see militia. Captain, see militia. Colonel, see militia, Company districts, see militia. Court of enquiry, see militia. Court martial, see militia. Commander in chief, see militia. Coui't of Common Pleas, time of holding in the County of Harrison, 112 113 Clark 113 Jefferson, ibid Dearborn, ibid Franklin, ibid Wayne, ibid Circuit courts, time of holding in Harrison, 114 Clark, ibid Jefferson ibid Dearborn, ibid Franklin, ibid Wayne, ibid D Deeds, notaries public may take acknowledgments of, 23 Downs Thomas, allowance to, for what, and how paid 24 Decker Luke, allowance to, for what, and how paid, 25 Davis Thomas T. allowance to, for what, and how paid, 62 Division line between Indiana and Illinois territory to be run, in what manner and how expences paid, 79 200 INDIANA HISTORICAL COLLECTIONS Dearborn, see courts. Delegate, see election. Disqualification, see legislature. Delinquencies, see militia. Divisions, see militia. Door-keeper, allowance to, 112 How certified ibid E Execution, lands subject to, through executors or adminis- trators, 34 Shall not sell lands if they will rent for the payment of the debts, 34 Binds chattels from the delivery to officer, 45 Officer to endorse time of receiving, 46 Certain articles exempt from 48 Elig^t, lands may be extended on, and manner thereof, 34 INDEX. Page. Ewing Samuel, heirs of releived, 38 Evidence may be perpetuated, and how 41 Duty of courts and clerks therein, 42 Emergency, see militia. Enrollment, see militia. Execution, see militia. Election for members of the house of representatives and dele- gate to congress, when to be holden 92 93 94 Vacancies in house of representatives, how supplied,. . .93 94 Estray, property in, after a certain time vested in taker up,. . 115 Persons working, not to have compensation, ibid Owner of, may reclaim, ibid F Franklin county, formation, boundaries and ennuities thereof, 20 Commissioners for fixing seat of justice in, and their duties, and vacancies how supplied, 20 22 Common Pleas of, to cause buildings and sit therein, 21 Where to sit until buildings made 22 Frauds and perjuries, leases, except for 3 years to be in writ- ing, 43 TERRITORIAL LAWS, 1810 201 Assignment of leases to be in writing, 44 Promises to be performed after a year to be in writing, . . . ibid Declarations of trust to be in writing, ibid Conveyances, trusts, &c. created by opperation of law need not be in writing, 45 Sale of goods, &c. above 30 dollars not binding unless de- livered in part or earnest paid ibid Day of signing judgt. to be entered of record ibid Fees, justices of Court of Common Pleas, repealed, 80 of Coroner, 81 Clerk, 81 82 Recorder 81 83 Sheriff, 81 Fines, see militia, — highways. Franklin, see court. G Government seat of, commissioners appointed for fixing of , . . . 73 Petition to congress and for location, ibid Governor to notify commissioners of time and place of meeting, 74 Vacancies in commissioners how supplied, ibid Commissioners to designate the scite, 75 Disagreeing how they shall proceed, ibid Congress refusing donation but allowing pre-emption, what proceedings shall be had 76 INDEX. Page. Commissioners to take oath, and form thereof, 77 Compensation of commissioners, 77 Town to be laid off, expences how paid, ibid Gwathmey Samuel, allowance to, 97 Granadiers, see militia. H Heth Harvey, allowance to, for what and how paid, 24 Hoggat Moses, allowance to, for what and how paid, 25 Hayes Samuel, allowance to, for what and how paid, 26 Hurst Henry, allowance to, for what and how paid, 26 49 Harrison county, bounds of extended and where to, 40 Taxes due in the part taken from Clark, to be collected by her officers, ibid 202 INDIANA HISTORICAL COLLECTIONS Suits between persons living in said lopped off part to be tried in Clark, ibid Highways, persons failing to work on, to be returned to justice of the peace, 91 Delinquents how fined, ibid Fines or delinquencies how collected, 92 Harrison, see court. I Jefferson county, its formation and boundaries, 14 Seat of justice and commencement of act, 15 Johnston G. W. allowance to, for what and how paid 17 25 Johnson John, allowance to, for what and how paid, 25 Jones William, allowance to, for what and how paid, 26 Indiana church Incorporated, 33 Judgment, day of giving to be entered on record, 45 Lands bound from the date of, ibid Indians, trading with prohibited except under licence, 67 Produce, meat &c. excepted, 68 Places of trading to be designated by governor, ibid Traders not to sell or give spirits, ibid Violating act, penalty for and how recovered, ibid No individual correspondence to be carried on •«nth, except for redress of pi-ivate injuries, under what penalty, 69 Governor not to be concerned in trade with, under what penalty, and how recovered, 70 Excepting the trade for produce and meat, and giving ardent spirits on account of the United States, ibid Infanti-y, see militia. Indictment, see prosecutor. Justices of peace, see apprentices — highways. Journals of house of representatives and legislative council to be printed, 90 91 109 INDEX. Page. Jones Peter, allowance to, 96 97 Jefferson county, see court. Judge advocate, see militia. Knox county. Common Pleas of adjourned, and to what time, 18 Kuykendall Jacob, allowance to, for what and how paid, 49 Knox county, allowance to, 96 TERRITORIAL LAWS, 1810 203 L Library Vincennes, authorised to raise money by lottery, the managers their powers and duties, 16 Leech George, allowance to, for what and how paid, 32 Lower Prairie, fence to be renewed, 36 Land liable for repairs, ibid Animals may be taken up, or &c ibid If taken up how dealt with, ibid Gates may be removed when and how, 37 Road on river bank to be opened how & by whom 38 Dike law repealed, ibid Proprietors may fence seperately, not interfering with public road and leaving common fence, 39 Leases &c. see frauds and perjuries. Laws, to amend an act respecting Common Pleas repealed, ... 80 Respecting militia to be distributed, 109 Of 1810 how to be distributed 84 Of local nature not to be printed, 90 Repealed, see tax — fees — prosecutor. Legislature, persons holding certain offices inelligible to seat in, 94 M Manwarring Solomon, allowance to, for what and how much, 24 Mills, what shall be considered public ones, 71 Militia, first sergeants to collect fines and in what manner,. .98 107 Delinquencies by whom certified, 98 First sergeants neglecting their duty how fined, 99 Troops of cavalry to be attached to regiments, 103 Certain fines in respect to militia duty relinquished, 99 Time in which enrollment shall be made, ibid Regiments may consist of more than two battalions, and a battalion of more than four companies, ibid Captains how and when to make returns, 100 Majors to make returns, ibid Court of enquiry how constituted, ibid Their oath, ibid Adj. general to furnish blank forms of returns to officers,, .ibid Allowance for same, ibid Officers &c. for neglect of duty how fined, 101 INDEX. Page. Certain musters dispensed with, ibid 204 INDIANA HISTORICAL COLLECTIONS Militia, commanding officer to fix bounds of parade, 101 Persons intruding on parade how dealt with, ibid Officers how to decide and take rank ibid Non-commissioned officers to be classed, ibid Non-commissioned officers & privates in cavalry, artillery, rifle and granadier corps how to obtain discharge, 102 Persons above 28 years of age may join flank companies,. . 103 Notice of musters, ibid Platoon officers how to be armed, ibid Adj. judge adv. & staff officers to have compensation, ibid Quakers exempt from militia duty 104 Subject to additional tax in time of war, ibid Commander in chief may call out militia on any emergency,. . . 105 May introduce system of discipline called new tactics,. . . 106 May require special returns, 105 May form independent battalions, ibid Militia, commanders of divisions, brigades, regiments and battalions may require special returns ibid Companies in remote settlements how formed, ibid Company districts fixed by commanding officer of regt ibid No officer to treat his men on muster days, 106 No person allowed to vend strong liquors within 2 miles of parade ground, ibid Penalty for offending herein, ibid Proviso as to inn-keepers, ibid Execution for fines when to be issued, ibid Fines how and when to be certified ibid Students not exempt from militia duty, 107 Clerks of regiments to account with colonels, ibid Penalty for failure, ibid Colonels to account for money received and expended with court of enquiry, ibid Militia need not uniform, 108 Officers to serve under old comsns. 'till new ones issued,. . .ibid Laws how to be distributed, 109 M'Candless John, allowance to, 94 95 96 Members of legislature, their allowance Ill How certified, ibid N Notaries public, may take and certify acknowledgments on deed &c. and their fees, 23 Noble James, allowance to, for what and how much 25 32 New Hope Baptist church, incorporated, 35 Negroes & mulattoes, act for the introduction of repealed, 54 TERRITORIAL LAWS, 1810 205 INDEX. Page. Removing of from the territory, unless legally entitled, and having made proof thereof, fined how much, how re- covered, & to what use applied, also liable to action & dis- qualification, 54 55 First section of act concerning servants of color, repealed, saving those now in territory, 55 Ne exeat, writs of may issue, manner and form thereof, and how proceeded upon, 60 Judgment may be taken nisi, 61 To be returned by judge, and where to, ibid Notice of musters how given, 103 Overman Ephraim, allowance to, for what and how much, 25 Overseers of roads, see highways, P Prince William, allowance to, for what and how much, 25 32 Probate fees, 81 82 Printing laws, see committee, appropriation. Prosecutor, name of need not be endorsed on presentment or indictment, 85 86 Public roads, see highways. Prince William, allowance to, 97 Q Quakers, see militia. R Rue Richard, allowance to, for what and how much, 25 Real estates, see execution. Roman Catholic church, incorporated, 78 s Suits and actions, when abating by death may be revived & how, 26 Judgment on revival against whom to go, and its effect,. . 27 May be opened in two years, ibid Slander and battery, not revivable, ibid 206 INDIANA HISTORICAL COLLECTIONS Sheriffs, similar remedies against their duputies, as is provided against themselves, 30 Smith William, marriage legalized, 31 School section to be leased, in what manner, upon what terms, proceeds how disposed of, &c 46 47 Small causes, constable refusing or neglecting to serve pre- cepts, liable for demand, and how recovered, 50 Constable failing to make amount of execution, and pay the same over, liable for amount, and how recovered, ibid INDEX. Page. Lands bound from the date of the judgt. and chatties from the delivery of the execution, 51 First judgt. to be first satisfied out of the lands, & first execution out of chatties, 51 Lands not to be sold if they will extend in 3 years, but delivered over and how, ibid Appellant to file transcript, ibid Failing, justice to issue execution on being furnished by appellee with clerk's certificate ibid Justice with-holding money how proceeded against, 52 Warrants &c. issued by one justice may be tried by an- other, and how, ibid Executions may be issued by one justice on the judgments of another, and how, 53 Bail may have execution in certain cases, & how, iibd Right of property being contested, constable shall call jury of inquiry, ibid Steam boat, Ohio navigation company incorporated, 61 Sheriff, see fees. Salary, see auditor — treasurer — attorney general. Sergeants, see militia. Students, see militia. Staff officers, see militia. Seat of government, how to be removed, 110 Sullivan G. R. C. allowance to, 95 Stout E. allowance to, 96 T Territory, ordinance for government of, 3 to 8 Act providing for government of, 9 Dividing into 2 separate governments, ibid Enlarging the Indiana territory, 11 TERRITORIAL LAWS, 1810 207 Extending jurisdiction to courts of, ibid Dividing into two separate governments, 12 Extending the right of suffrage in, ibid Dividing into two separate governments, 13 Taxes and fees, what officers to collect in Jefferson, 15 what officers to collect in Wayne and Franklin, 20 Testimony, see evidence. Treasurer, salary of, 96 Tax on law process repealed, 80 Tax in arrear, see auditor. Tactics, see militia. Taylor Waller, allowance to, 97 u Uniform, see militia. INDEX. Page. V Vacancies in legislature, see election. w Wayne county, formation, boundaries and ennuities of, 19 20 Commissioners for fixing seat of justice in, and their duties, and vacancies how supplied, 21 22 Common Pleas to cause buildings, and to sit therein, 22 Where to sit until buildings made, ibid Work John, allowance to, for what and how much, 25 Wayne, see court. 208 INDIANA HISTORICAL COLLECTIONS INDIANA TERRITORY, set. WE hereby certify, that the foregoing collection has been made in conformity to a resolution of the General Assembly; and that we have examined the printed acts and resolutions, with the originals in manuscript and of file in the Territorial Secretaries office, and find them correctly copied. GENl. W. JOHNSTON, ) Com- WILL. JONES. j mittee. May 6th, 1811. ACTS OF ASSEMBLY OF THE INDIANA TERRITORY, PASSED AT THE SECOND SESSION OF THE THIRD GENERAL ASSEMBLY OF THE SAID TERRITORY, Begun and held at the Borough of Vincennes, on Monday the eleventh day of November, A. D. one thousand eight hundred and eleven. ^^ 14::* :^^ Printed by Authority. M^ : 4: : * :^a» VINCENNES: PRINTED BY ELIHU STOUT PRINTER TO THE TERRITORY. •^^ : * :^^ 181L TERRITORIAL LAWS, 1811 211 ACTS OF THE INDIANA TERRITORY, PASSED AT TH E SECOND SESSION OF THE THIRD GENERAL ASSEMBLY. CHAPTER I. AN ACT Dissolving the Marriage of Jane Richa/rdson, with her Husband Jacob Richardson. WHEREAS Jane Richardson of Harrison County, hath represented to this General Assembly, that her Husband Proviso. Jacob Richardson, having some years since connected himself with a banditti of horse thieves, v/ho have been so well known in this county, and in consequence thereof was taken from jail to jail for near two years, leaving the petitioner to depend on the charity of her friends for support, and on his enlargement, he abandoned his country leaving the said Jane with two children without any means of support. And whereas, the facts set forth in the said petition, have been fully proved by the affidavit of Clement Nance, and the certificate of Patrick Shields Esq. presiding judge of the common pleas of said county, both of which have been produced — therefore 212 INDIANA HISTORICAL COLLECTIONS ( 4 ) § 1. BE it enacted by the Legislative Council and Marriage House of Representatives, and it is hereby enacted by the dissolved. same, That from and after the passing of this act, the marriage of the said Jane Richardson, shall be and the same is hereby declared to be dissolved, annulled and made void, to all intents and puii^oses whatsoever, and the said Jacob, and the said Jane shall be, and they are hereby respectively separated, set free and totally discharged from their matrimonial contract, and from all duties and obligations to each other as husband and wife, as fully as if the said contract of matrimony had never been entered into by them. GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved— 28th Nov. 1811. WILLIAM HENRY HARRISON. Proviso. CHAPTER II. AN ACT to dissolve the ma/rriage. of Elizabeth Richardson ivith Isaac Richardson her Husband. WHEREAS Elizabeth Richardson, of Harrison county, by her petition hath represented to this General Assem- bly, that some time after her marriage with her husband Isaac Richardson, she discovered to her great mortifica- tion and regret that he was con- ( 5 ) nected with the banditti of horse thieves who were so well known in tlie western country some years ago, and in consequence thereof, he was obliged to abandon his home and this country in order to screen himself from TERRITORIAL LAWS, 1811 213 the penalties of the law; leaving her with one child and pregnant with a second, without any means of support, that she has since heard that he has been seen at Natchez in the Mississippi Territory, but where he is now, is un- known — And therefore prays that she may be divorced from her said husband & their marriage dissolved — And whereas this General Assembly are fully convinced that the facts set forth in the said petition are true — There- fore, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the marriage of the said Isaac Richardson Marriage with the said Elizabeth his wife, be and the same is hereby dissolved, dissolved and declared to be null and void as fully and effectively to all intents and purposes as if the said con- tract of marriage had never been entered into by them. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th December, 1811. WILLIAM HENRY HARRISON. ( 6 ) CHAPTER III. AN ACT authorising the Auditor of Public Accoounts to audit interest in certain cases. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same That the Auditor of Public Auditor to Accounts is hereby authorised, and it is made his duty re-auditif to take in and audit anew if required, all outstanding ^^?^7^ I^ warrants in the same manner as is provided by the act warrants, entitled "An act for auditing public accounts," passed during the present session. He shall also if required. 214 INDIANA HISTORICAL COLLECTIONS To audit in- terest if re- quired. Penalty for neglect. audit interest on all warrants heretofore issued from the date of the warrant up to the time of auditing the same, noting in said warrant that it is for the interest on war- rant No. granted to naming him. § 2. Be it further' enacted, That the Auditor failing to comply with the requisitions of this act, shall forfeit for every offence, one hundred dollars for the use of the informer, to be recovered by action of debt. This act shall be in force from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the Hcmse of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 5th December, 1811. WILLIAM HENRY HARRISON. Claims on territory to be audited & how. Auditor to have blanks printed. Form. ( 7 ) CHAPTER IV. AN ACT promding for the auditing of clai/ms against the Indiayia Territoi-y, and for other purposes. § 1. BE it enacted by the Legislative Council aiid House of Representatives, and it is hereby enacted by the authority of the same. That hereafter all persons that may hold claims against the Indiana Territory, shall have them audited in a bill or bills of one dollar cents, five dollars cents, ten dollars cents, or twenty dollars cents, as the holder of such claim may think proper. § 2. The Auditor is hereby required to have blanks printed at the expense of the Territory without delay, of the following form, viz. No. dollars cents No. Payable to or bearer, at the Treasury of the Indiana Territory dollars and cents, with interest from the date hereof. TERRITORIAL LAWS, 1811 215 Given under my hand the day of anno Domini 181 Auditor of Public Accounts, the day of Anno Domini 181 Auditor of Public Accounts. § 3. The auditor shall fill the said forms in the man- ner the nature of the case may require, and sign it with How filled, his name, and audit accounts in no other way, and shall in the margin of the note cause some figure at least in breadth one inch, through which the auditor shall cut the note out of a check book, which the auditor is hereby required and enjoined to keep. § 4. And he it further enacted, That the ( 8 ) Treasurer is bound and hereby required to pay over to Treasurer to the holder of such claims on demand, the amount of any pay amount note presented for payment, provided there is sufficient of notes pre- money in the treasury of the Indiana Territory. sented. § 5. And it is required of all sheriffs, collectors or others, authorised to collect Territorial dues, to receive Sheriffs and the aforesaid bills in discharge of the same, and the said collectors to bills are hereby made and declared to be a legal tender, receive bills in discharge of such claims. ^°^ ^^"^ *^^' § 6 And he it further enacted, That any person fail- ing to comply with the requisitions of this act shall for- penalty, feit for every offence one hundred dollars, for the use of the informer to be recovered by action of debt quitam or otherwise. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th December, 1811. WILLIM HENRY HARRISON. 216 INDIANA HISTORICAL COLLECTIONS CHAPTER V. AN ACT for Recording Town Plats. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That any person or persons, that hath Duty of per- sons laying off towns. Grants to be considered as general war- ranty. Laying off additions to be recorded. Make oath and record plan. ( 9 ) laid off any town within this territory, or their legal rep- resentatives, shall, previous to the first day of June next, cause to be recorded, in the recorders office of the county wherein the same may lie, or be laid off a true copy of the plan of said town, with the publick ground, streets, lanes and alleys, with their width properly marked, and the lots regularly numbered in numerical order, with the size of the lots marked by reference on the map. § 2. Be it further enacted, That any grant to the pub- lic, grant or purchase to or by individuals marked or noted as such shall be considered as a general warrenty to the public, or such individuals for the uses and pur- poses intended by the donor. § 3 And be it further enacted. That any person or persons, hereafter laying off any town or lots in addi- tion thereto, shall previous to the sale of any part thereof, have the same recorded under the same regulations as aforesaid. § 4. And be it further enacted, That before any per- son or persons, whose duty it may be to comply with the foregoing requisitions, offer for record any paper herein contemplated, shall make oath or affirmation, be- fore some person legally authorised to administer the same, that it is the original plan of the town (naming it) or a true copy of the same — a certificate of which shall be endorsed on the plan of the town so laid out, and form a part of the record. TERRITORIAL LAWS, 1811 217 § 5. And he it further enacted, That any person em- braced under the provisions of this B ( 10 ) act, failing to comply with its requisitions, shall forfeit Penalty for five hundred dollars for each month they omit to com- failure or ne- ply with the duties herein enjoined, for the use of the sleet, town, to be recovered by action of debt, quitam, or other- wise, in the name of the treasurer of the county. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 5th December, 1811. WILLIAM HENRY HARRISON. CHAPTER VL AN ACT to amend an act for the removal of the Seat of Justice of Clark County. WHEREAS doubts have arisen whether by the act, to which this is an amendment, the Seat of Justice is re- Proviso, moved from Jeffersonville to Charlestown. § 1. BE it therefore enacted by the Legislative Coun- cil and Hou^e of Representatives, and it is hereby enacted by the authority of the same. That from and after the Seat of jus- passage of this act, the seat of justice of the county of tice removed Clark, shall be in the town of Charlestown. ^ ^^®^«- § 2. Be it further enacted, That the trustees of the town of Charlestown, are hereby, or a majority of them, are hereby ( 11 ) authorised and appointed commissioners to receive and 218 INDIANA HISTORICAL COLLECTIONS Trustees to judge of buil dings and make report. Proceedings of court in Charlestown legalized. judge of the quality of the public buildings, now erecting in the town of Charlestown, so soon as the said buildings shall be completed and make report thereof to the court of common pleas. § 3. Whereas doubts have arisen, whether the pro- ceedings of the court of common pleas of said county, in indictments or suits and other cases in said court, held at the town of Charlestown, are legal, in consequence of the dispute, whether the said town was the seat of jus- tice from and after the tenth day of February last. — Be it therefore enacted, that the proceedings of the said court, in indictments, suits and other cases, be and the same are hereby legalized — any other law, custom or usage to the contrary notwithstanding. This law to take effect from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th December, 1811. WILLIAM HENRY HARRISON. CHAPTER VII. AN ACT for fixing the permanent seat of justice in and for the County of Franklin. WHEREAS it hath been represented to ( 12 ) Proviso. this general assembly, that the commissioners appointed by the act entitled an act, for the formation of two new counties out of the counties of Dearborn and Clark ; have in pursuance of the powers vested in them by the said act, fixed and established the permenant seat of justice for the county of Franklin, in the town of Brookville, in TERRITORIAL LAWS, 1811 219 the said county. And whereas it hath also been repre- sented, that the said commissioners did not fix and es- tablish the same within the time prescribed in and by the before recited act, whereby it is manifest that this their act is null and of no force or virtue, without the same is confirmed by the Legislature. And whereas also the citizens of the said county, have prayed this General Assembly to ratify and confirm the same. Therefore, BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the seat of justice in and for the said county of Franklin, be and the same is hereby perma- nently fixed and established on the public square, in the town of Brookville, in the said county. This act shall take effect and be in force from the passage hereof. GENl. W. JOHNSTON, Speaker of the Hov^e of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th December, 1811. WILLIM HENRY HARRISON. Permanent seat of jus- tice fixed & where. ( 13 ) CHAPTER VIIL AN ACT fixing the Salaries of certain Officers. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That there is allowed and shall be paid out of any monies in the treasury, not otherwise disposed of in half yearly instalments, upon the certifi- cate of the Auditor, as in other cases, to the following officers in full of their salaries the following sums, to wit: To the Auditor of public accounts, three hundred and twenty five dollars per annum. To the territorial treasury, one hundred and seventy five dollars per annum. To the attorney general, one hundred and fifty dollars per annum. Allowance to certain persons for their servi- ces. To the audi- tor. To the trea- surer. To the at- torney genl. 220 INDIANA HISTORICAL COLLECTIONS GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th Dec. 1811. WILLIAM HENRY HARRISON. CHAPTER IX. AN ACT Supplementary to an act entitled an act, for the fonna- tion of two new Counties out the Counties of Dearborn and Clark. § 1. BE it enacted by the Legislative ( 14 ) Council aTid House of Representatives, and it is hereby Seat of jus- enacted by the authority of the same, That the seat of tice fixed & justice for the county of Wayne, be and it is hereby es- where. tablished on the public square, in the to\vTi of Salisbury, in the aforesaid county, on fractional section No. 1, town 13, range 2, west of a meredian line drawn from the mouth of the Great Miami river. This act shall take effect and be in force from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS. President of the Legislative Council. Approved, December 5th, 1811. WILLLIAM HENRY HARRISON. CHAPTER X. AN ACT for the relief of the securities of John M'Candless, late Sheriff of Knox county, and Spier Spencer, late Sheriff of Harrison county, deceased. TERRITORIAL LAWS, 1811 221 WHEREAS it is represented to this general assembly that the decedents have not settled up the revenue due Proviso, to the counties and territory, for the year eighteen hun- dred and eleven; and whereas it is also represented that there are a variety of taxes, both county and territorial, due, and remaining unpaid, to the said sheriffs, deceased, and further, that the representatives of the said dece- dents have not power by any existing ( 15 ) law to complete the collection of the taxes so remaining in arrear and unpaid. BE it therefore enacted by the Legislative Council and Hotise of Representatives, and it is hereby enacted by the Exor. or ad- authority of the same, That it shall and may be lawful ministrator for the executor or executors, administrator or admin- may proceed istrators of the said John M'Candless and Speir Spencer, °^° ec or or any person or persons under them, to proceed by dis- ^^^^^ tress or otherwise, to complete the collection of the said taxes due, as well for the year eighteen hundred and eleven, as for any year pending the sheriffalty of the said decedents. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XL AN ACT in amendment and aid of the law, intitled an act regulat- ing prison and prison and prison bounds. BE it enacted by the Legislative Council and House of Court of Representatives, and it is hereby enacted by the author- *^°"^"^°" ity of the same. That so much of the act to which the off prison present is an amendment, and aid as restricts and limits bounds. 222 INDIANA HISTORICAL COLLECTIONS the courts of common pleas, in laying off the prison bounds of their respective counties to two hundred yards from and a- ( 16 ) round the county jail, be and the same is hereby repealed. And that henceforward the said several courts of com- mon pleas in their respective counties, may and they are hereby authorised to extend the said prison bounds to any distance at their discretion, not exceeding one hun- dred and twenty perches in any direction from the said jail. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 5th December, 1811. WILLIAM HENRY HARRISON. Proviso. Justice to grant certifi- cate for wolf scalp. CHAPTER XII. AN ACT to amend an act entitled an act to encourage the killing of Wolves. WHEREAS the law to which this is an amendment, makes it necessary that the person killing a wolf should produce the head with the ears before a justice of the peace before he could obtain a certificate, which is often impracticable, and always attended with unnecessary trouble. § 1. THEREFORE he it ermcted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That it shall be suf- ficient to produce the whole skin of the face of a wolf with the ears entire, and make oath as prescribed in the law to which this is an amendment, then the justice is to grant a certificate TERRITORIAL LAWS, 1811 223 ( 17 ) to any person killing a wolf in the bounds of their re- spective counties, and the person so killing any wolf shall be entitled to receive one dollar for each wolf so killed by applying to the treasurer of the county for the same, provided there is money in the treasury subject in all other cases to the requisitions of the above recited act. This act to take effect and be in force from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 5th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XIII. AN ACT to dissolve the marriage of Marian Bomand with Henry S. Bomand, her husband. WHEREAS sufficient evidence has been produced to this general assembly that Henry S. Bomand has aban- doned his wife Marian Bornand, formerly Mariann Galy and her four children to penury and want, and that there is no hope of his providing for her or them as a hus- band ought to provide for his wife and children, for rem- edy whereof. BE it enacted by the Legislative Council ( 18 ) and House of Representatives, and it is hereby enacted by the authority of the same, That the bands of matri- mony heretofore contracted between the said Henry S. Bornand and Mariann his wife formerly Mariann Galy, 224 INDIANA HISTORICAL COLLECTIONS be and the same is hereby dissolved from and after the passage hereof; and that the said Marian Bornand, for- merly Marian Galy, be, and is hereby as completely freed from the bands of matrimony contracted with the said Heniy S. Bornand as if the said marriage had never been contracted or solemnized. GENl. W. JOHNSTON, Speakei' of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XIV. AN ACT for the relief of Daniel Sullivan, late Assessor for the County of Knox. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the territorial auditor be, and he is hereby authorised to settle with and audit to Daniel Sul- livan, assessor of the county of Knox, for the year of one thousand eight hundred and six, at the rate of ten cents for ( 19 ) each claimants name contained in the abstract furnished the said assessor by the late auditor. GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved— 17th Dec. 1811. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1811 225 CHAPTER XV. AN ACT for the relief of Parmenas Beckes, late Sheriff of Knox county. WHEREAS Parmenas Beckes of Knox county acted as sheriff of said county in holding the elections in the years eighteen hundred and eight and eighteen hundred and ten, and agreeable to law was forced to send persons to each township to hold said elections at a considerable ex- pense, together with a great deal of labor, for which no compensation by law was made — therefore. BE it enacted by the Legislative Council and House of Representatives, andit is hereby enacted by the authority of the same, That there be allowed to Parmenas Beckes, the sum of fifty dollars, in full for his said services, and the court of Common Pleas are hereby required to allow the same, to be ( 20 ) paid out of the treasury of the county of Knox. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIM HENRY HARRISON. CHAPTER XVI. AN ACT regulating the General Elections of the Indiana Territory. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the '^^^ ^r? authority of the same, That the first general election in ding^electi*-' pursuance of this act, shall be held in the several and ons. 16—49011 226 INDIANA HISTORICAL COLLECTIONS respective counties within this territory, on the first ^Ion- day of August next, and on the first Monday of August How con- biennially thereafter, which shall be held and conducted ducted, by judges, inspectors and clerks, to be appointed and chosen in manner hereinafter directed, and no person shall be admitted to vote at any general or special elec- tion, directed to be holden by this act, other than each and every free white male person who shall have attained the age of twenty one years, and who shall have paid a county or territorial tax, and who shall have resided one year in this territory, previous to any Court to ap- point persons to hold elec- tions. Clrks to de- liver certifi- ed copy to the sheriff. Duty of shff . Penalty. ( 21 ) general election, and be at the time of any such election a resident of this territory, may vote for members of the Legislative Council and House of Representatives of the territorial legislature, and for a delegate to the congress of the United States, for said territory. § 2. Be it fur'ther enacted, That the judges of the court of common pleas for the several and respective counties in this territory, shall at their term held, next before the first Monday of August next, and the first Monday of August bienially thereafter, appoint in every township which now is or hereafter may be established in their respective counties, one qualified elector, resident in the township as an inspector, who shall attend at the place appointed by the said judges for holding the elec- tion of the township for which he may be appointed, in order to perform the duties hereinafter assigned to in- spectors by this act, and the clerks of the courts of com- mon pleas in their respective counties, shall within two days after the appointment of such inspectors has been made, deliver a certified transcript of the said appoint- ments to the sheriff of the proper county, who shall serve a copy of the same on each of the said inspectors at least five days before the day of election — and every sheriff failing to perform his duty herein, shall forfeit one hundred dollars for every such offence recoverable TERRITORIAL LAWS, 1811 227 by action of debt or otherwise, in the name of the per- son who may sue for the same. § 3 And be it further enacted, That the judges of the court of common pleas, in the several counties in this territory, shall make ( 22 ) out in a proper manner, a sufficient number of blank Court to fur- forms and returns for the different townships in their nish forms respective counties, and headed as the nature of the elec- ^°^ returns, tion may require, which blank forms and returns the said judges, are hereby directed to cause to be delivered to the said inspectors, on or before nine o'clock, of the morning of the election, under the penalty of fifty dol- lars, on each judge for every such neglect, to be recovered by action of debt in the name and for the use of any person who may sue for the same. § 4. Be it further enacted, That the inspectors ap- pointed as aforesaid, shall meet at nine o'clock in the Dutyinspec- f orenoon of the day of election at the places respectively t°^s of elec- appointed, for holding the same, for the township to ^^°^^- which they belong, and shall take to his assistance, three respectable freeholders of the township qualified to vote, who shall be judges of the election in the said townships respectively, and the judges and inspectors chosen and appointed in manner aforesaid, shall appoint two re- To appoint spectable qualified electors as clerks of the election, who a clerk and shall be forthwith sworn or affirmed by any judge of his duty, the general court or court of common pleas, or justice of the peace who may be present, but if no judge of the general court, or court of common pleas, or justice of the peace be present at the election, one of the judges of the election after first having the oath or affirmation required by this act, administered to him by the other judge, shall administer the oaths or affirmations, to the other judges and to the inspector and clerks. 228 INDIANA HISTORICAL COLLECTIONS Forms of the oaths. Inspector's oath. Judge's oath ( 23 ) and as soon as the inspector, judges, and clerks shall be severally sworn or affirmed, the said clerks or one of them shall make out two copies of the forms of the sev- eral oaths or affirmations which shall be subscribed by the said inspector judges and clerks and be deposited and filed in manner hereinafter directed. § 5. Be it further enacted, That the following shall be the form of the oath or affirmation to be taken by each inspector, viz. — I, A B, do swear, (or solemnly, sin- cerely and truly declare and affirm) that I will duly at- tend at the ensuing election, during the continuance thereof as an inspector, and that I will not receive any ticket, or vote, from any person or persons, other than those I shall firmly believe are according to the provisions of the act entitled An act regulating the general elec- tions of this territory, entitled to vote at the same, with- out requiring such evidence of their right to vote as is directed to be given by the said act, nor will I vexatiously delay or refuse to receive any vote from any person I shall believe is entitled to vote as aforesaid, but will in all things truly, impartially and faithfully perform my duty therein to the best of my judgment and abilities." And the following by each judge viz. — I, A B, do swear [or solemnly, sincerely and truly declare and affirm] that I will, as one of the judges, duly attend the ensuing elec- tion, during the continuance thereof, and faithfully assist the other judges and inspector in carrying on the same, that I will not give my consent that any vote shall be re- ceived from any person or persons oth- ( 24 ) er than those I shall firmly believe, are according to the provisions of the act, entitled An act regulating the gen- eral elections within this territory, entitled to vote at the said election, without requiring such evidence of their right to vote, as is directed to be given by the said act. TERRITORIAL LAWS, 1811 229 and that I will use my best indeavours to prevent any fraud, deceipt or abuse in carrying on the same, by per- sons qualified to vote, or others, and that I will make a true and perfect return of the said election, and in all things truly, impartially and faithfully perform my duty respecting the same, to the best of my judgment and abilities.' And the following by each clerk viz, — I, A B, do swear [or solemnly, sincerely and truly declare and affirm] that I will impartially and truly write down the name of each elector who shall vote at the ensuing elec- tion, which shall be given me in charge, and carefully and truly write down the number of votes that shall be given for each candidate at the election, as often as his name shall be read to me by the judges thereof, and in all things truly and faithfully perform my duty respect- ing the same to the best of my judgment and abilities. § 6. Be it further enacted, That if any inspector shall not attend at the proper place of election, on or before nine o'clock of the forenoon of the day of election, such delinquent shall forfeit and pay the sum of fifty dollars, provided he hath had due notice of his said appointment, and every vacancy happening as aforesaid shall be sup- plied by a majority of the qualified electors, of the town- ship then present at the time aforesaid Clerks oath. Penalty on inspector fai- ling to at- tend & his place how supplied. ( 25 ) and the person so elected, shall perform all and singular the duties to the office of inspector belonging, and shall be subject to the same penalties for the non-feasance, the mis-feasance or mal-feasance in said office as though him or them had been appointed in manner herein first before directed. § 7. Whereas the freedom and security of elections is of the utmost importance to the public welfare, therefore. Proviso, be it further enacted, that all elections by the people for members to either branch of the territorial legisla- ture or for a delegate to the congress of the United States shall be by ballot free and voluntary. 230 INDIANA HISTORICAL COLLECTIONS § 8. Be it further enacted, That in receiving the tick- Duty of in- ets from the electors at the place of election, the in- scector. spector shall sit at the door, or window, of the house where the election shall be holden and shall not receive any votes or tickets from any person or persons what- ever, other than the electors residing within their sev- eral townships, and the name of each elector, whose ticket shall have been received, shall be called out aloud by the inspector, who shall receive the same, and shall be en- tered by the clerks in separate lists, and the name re- peated by them, and no person shall be admitted to vote, unless he produce a receipt for the payment of a terri- torial or county tax, or give other satisfactory evidence, either on his own oath or affirmation or otherwise, D ( 26 ) that he hath paid such a tax, and resides within the town- ship, which oath or affirmation the inspectors are hereby authorised to administer. § 9. Be it further enacted, That every general election Time of op- to be holden in pursuance of this act, shall be opened ening&clos- between the hours of ten and eleven o'clock in the forc- ing election, noon of the day of election, and shall continue open with- out any interruption or adjournment, until six o'clock in Manner of the afternoon of the same day, and no voter shall vote voting. but once, and shall deliver to the inspectors of his town- ship a written ticket containing the name or names of the person or persons he wishes to vote for, after the following manner, viz. delegate to congress, A. B. for the legislative council, C. D. Representative E. F. when all of those officers are to be chosen, and when more than one of each is to be chosen, the names shall be inserted under each other, and when only one or two of those officers are to be chosen, [as the case may be] the ticket shall be formed in the same manner so that each vote put in one ticket and no more, and the several TERRITORIAL LAWS, 1811 231 voters shall fold up their said ticket and shall thus give their votes secretly, and the same ticket and no other being- received by the inspector, shall be deposited by him in a box kept for that purpose until the poll be closed, and if any judge of the election, inspector or other per- son or persons before the polling of the tickets be closed shall unfold, open or pry into any such ticket with de- sign, to discover the names of the candidate or candi- ( 27 ) Penalty for violation of duty by in- spector, judge, &c. dates therein, shall forfeit and pay the sum of fifty dol- Penalty on lars to the party grieved, to be recovered with costs by persons offer- bill plaint or information in any court of record in this ingtovote territory, and if any elector shall offer any more than ^""^<=®- one ticket of each kind before specified, with a fraudu- lent design, every such person shall forfeit and pay the sum of fifty dollars for every such offence, to be recov- ered in manner last aforesaid, and shall moreover for- feit his vote at such election. § 10. Be it further enacted, That when the poll shall be closed, the aforesaid boxes wherein the folded papers Boxes open- or tickets are deposited, shall be opened one by one, and ed & tickets the judges, in the presence of the inspector shall deliber- counted &c. ately take out the said papers or tickets, and read aloud the name or names written thereon respectively, whilst the clerks shall carefully enter and keep an account of the same on paper prepared for that purpose, so that the number of votes for each candidate, tallied thereon may be readily cast up and known, but if upon opening any of the said tickets there be found more names writ- ten on any of them than there ought to be, or if any two or more of such papers be deceitfully folded together, such tickets shall be rejected and not counted among the votes which shall be noted on the lists aforesaid spe- cially by the clerks under the direction of the said judges and inspectors. 232 INDIANA HISTORICAL COLLECTIONS § 11. Be it further enacted, That as soon as all the After votes votes shall be read off and counted the judges of each counted judg township shall make out under their hands a fair state es to certify. ^nd certificate Judges and sheriff to meet in five days after e- lection. Make out du plicate re- turns, &c. Tickets list of voters tal- ly papers &c. how disposed of. ( 28 ) of the number of votes which shall have been then and there given for each candidate, distinguishing the station or office he v^^as voted for, which number shall be ex- pressed in words at length, and not in figures only, and one of the said judges shall take charge of such certifi- cate, and on the fifth day after the day of election pro- duce the same in a meeting of one judge from each township within the same county at the court house, at which time and place the sheriff of the proper county shall also meet with the said judges who, together with the said sheriff shall add together the number of votes which shall appear to be given for any representative or representatives, councellor, or delegate to the congress of the United States, and shall forthwith make out dupli- cate returns of the election of such person or persons as shall be so elected and chosen for any office, and hav- ing lodged one of each of the said returns in the office of the clerk of the court of common pleas of the county, the other shall be transmitted by the said sheriff to the office of the secretary of the territory, and shall also transmit to the several persons elected a certificate of such election. § 12. Be it further enacted, That as soon as any elec- tion shall be finished the tickets, one of the lists of voters, tally papers, one of the certificates of the oath or affirma- tion taken and subscribed by the inspector, judges and clerks shall be all carefully collected and deposited in the boxes herein before mentioned, and the boxes being closely bound around with tape, shall be sealed by the judges and inspector of the election and TERRITORIAL LAWS, 1811 233 ( 29 ) shall be delivered by one or more of them to the nearest justice of the peace of the county, to be kept by him, to answer if need be, the call of a committee of the Leg- islative Council or House of Representatives, who may be appointed to try the merits of any such election; and if any judge of the election, inspector or clerk, or other person, shall deface, alter, embezzle or destroy any of the said tickets, lists or tally papers, or certificates, such person so offending shall forfeit and pay the sum of five hundred dollars for every such offence, to the person who shall within the space of six months thereafter sue for the same by action of debt in any court of record within this territory, and shall moreover suffer imprisonment for a term not exceeding six months, and any such jus- tice who shall refuse to receive the said box, or having received the same, shall neglect the safe keeping thereof, shall forfeit and pay five hundred dollars to be recov- ered in manner last aforesaid, and the other lists of voters and certificates of the oath or affirmation of the judges, inspector and clerks, shall be inclosed in a sealed cover by the said judges and directed to the clerk of the court of Common Pleas of the proper county, and shall by some one of them be delivered into his office at the time they are herein before directed to deliver the returns of said election, when the same, together with the said returns shall be filed, and it shall be the duty of the said clerk to give a copy of said lists and returns to any person or persons applying for the same, on pay- ment of the usual fees as in other cases. Penalty for defacing em- bezzling &c. tickets, lists, &c. and how recovered. Penalty on justice for refusing to receive box, &c. ( 30 ) § 13. Be it further enacted, That when in consequence of any vacancy by death, resignation or otherwise in the How vacan- house of representatives, the governor shall issue his cies supplied, writ, and therein command the sheriff of the proper county, on a day certain to hold an election, to supply 234 INDIANA HISTORICAL COLLECTIONS Penalty for bartering votes, &c. such vacancy, which writ shall be delivered to the sheriff at least ten days before the day appointed for holding such election, who shall forthwith give due and public notice thereof throughout the county, at least five days before the day of such election, and shall send a copy thereof to each of the judges of each township in his proper county, and such election shall be holden and con- ducted in like manner as is herein before directed, and the judges and inspectors chosen for and before the next preceding general election, shall attend at and serve as such respectively at such occasionally elections — and when the governor shall by proclamation direct any va- cancy in the legislative council or delegate to congress to be supplied, such elections shall be holden in manner last before directed. § 14. Be it further enacted, That any elector who shall receive any gift or reward for his vote in meat, drink, monies or otherwise, shall forfeit and pay any sum not exceeding fifty dollars and suffer imprisonment, for a time not exceeding three months as the court of the proper county wherein such offender shall be con- victed shall upon due consideration of the case think proper to award against him, and if it be made appear to the satisfaction of the proper court, that Penalty for using vio- lence threats &c. at electi- ons. ( 31 ) any election to be holden under this act any intimida- tion, threats, force or violence hath been used with de- sign to infiuence unduly, or to over awe such election, or to restrain the freedom of choice, or if any officer of the election shall be threatened, or violence used to his person, or interrupted in the execution of his duty evei*y person who shall be guilty of such intimidation, threats, violence or interruption, being convicted thereof, shall be fined and imprisoned for the same, at the discretion of the court, not exceening six months imprisonment nor exceeding fifty dollars fine, and any person who shall bribe as aforesaid or who shall promise or attempt either TERRITORIAL LAWS, 1811 235 directly or indirectly to give or bestow any reward as aforesaid, in order to procure any person to be elected, shall upon conviction thereof be liable to a fine and im- prisonment, at the discretion of the court within the limitation next before mentioned. §15. Be it further enacted, That if any person, in Penalty for taking an oath or affirmation required by this act, be swearing guilty of wilfully and corruptly making a false oath or false &c. affirmation, or if any person shall procure any other per- son to make any such false oath or affirmation and be convicted thereof by a jury of the proper county, every such person so offending shall suffer such penalties and disabilities as are incurred on conviction of wilful and corrupt prying or subornation of prying respectively. coufuo°fur § 16. Be it further ended, That the jud- nish boxes. ( 32 ) ges of the court of common pleas of the proper county, shall out of the county-stock provide sufficient and suit- able boxes for depositing the tickets taken in by the in- spector of the several townships, and after the election shall be finished, the same boxes shall be given in charge to some justice of the peace of the neighborhood to be kept till the next Election. § 17. Be it further enacted, That if any judge of the election, inspector or clerk acting under this act, shall Judge, in- be duly convicted of any wilful fraud in the discharge spectoror of the duties enjoined or required of him or them by this ^|^^'^ of elec act not otherwise provided for, he or they shall forfeit ^f^^^^^ ^, and pay the sum of five hundred dollars, and shall more- over be disqualified for the term of four years from holding any office of honor, trust or profit in this terri- tory, and if any person appointed to be a judge of elec- tion, inspector or clerk, other than candidate or candi- dates at any of the elections directed and regulated by this act, shall neglect or refuse to take upon himself the § 15, 1. 9. The enrolled act reads: "Corrupt perjury or suborna- tion of perjury respectively." — Ed. of fraud how- punished. 236 INDIANA HISTORICAL COLLECTIONS duties appointed herein, or having taken upon himself the said duties, shall afterwards neglect to do or perform the same in the manner by this act required, shall for- feit and pay one hundred dollars for every such offence, and if any judge or judges of the court of common pleas, or clerk of the court of common pleas shall neglect or refuse to do and perform the duties enjoined upon them in the manner required by this act, or shall wilfully mis- behave in doing thereof, he or they shall for- Compensati- on to persons holding elec- tions. Repealing clause. ( 33 ) feit and pay five hundred dollars in the name and behalf of the person injured to be recovered by action of debt or otherwise. § 18. Be it further enacted, That the several clerks of the several elections, which may be holden as afore- said, shall be intitled to and receive out of their respec- tive county treasuries upon the order of the court of common pleas, the sum of one dollar and fifty cents each per day, and the several judges who may and do attend with the lists of polls and herein before mentioned, shall be entitled to, and receive in manner herein last above described, the sum of ten cents per mile from the place of holding the election to the county seat. § 19. Be it further encted, That all laws and parts of laws coming within the pui'view of this act, be, and the same are hereby repealed. This act to take effect and be in force from and after the passage hereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1811 237 CHAPTER XVII. AN ACT to dissolve the Marriage of Benjamin V. Beckes, and Sally his Wife. BE it enacted by the Legislative Coun- E ( 34 ) cil and House of Representatives, and it is hereby enacted by the authority of the same, That the bond of matrimony between Benjamin V. Beckes and Sally Harbin, be, and the same is hereby dissolved from this day ; and that the said Benjamin V. Beckes is now as completely freed from the bonds of matrimony as if he had never contracted them. GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved— 17th Dec. 1811. WILLIAM HENRY HARRISON. CHAPTER XVIII. AN ACT regulating the proceedings in Indictments. BE it enacted by the Legislative Council and Hou^e of Representatives, andit is hereby enacted by the authority of the same, That in all prosecutions by indictment or information the defendant or defendants as the case may be, may plead the general issue and give the truth of the matter of justification in evidence, or such defendant or 238 INDIANA HISTORICAL COLLECTIONS defendants, may plead such matter of justification spe- cially. GENl. W. JOHNSTON, Speaker of the Hoiise of Representatives. JAs. BEGGS. President of the Legislative Council. Approved, December 17th, 1811. WILLIAM HENRY HARRISON. Judges to act as commissi- oners to set- tle with the collector. Commission- ers to give a certificate. ( 35 ) CHAPTER XIX. AN ACT for the relief of James Hamilton, Sheriff of Dearhoi-n county. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the judges of the court of common pleas of the county of Dearborn, be and they are hereby appointed commissioners, and are hereby author- ised and empowered to receive evidence of all or any mat- ters relating to certain delinquencies of the land tax for the said county of Dearborn for the years one thousand eight hundred and six, seven, eight, nine and ten, and on the said James Hamilton's producing to the said commis- sioners or a majority of them satisfactory proof or evi- dence of his having proceeded in demanding legally the said taxes, and of his having fulfilled the law in advertis- ing the said lands and exposing the same to sale, and that the said lands are or could not be sold for want of bid- ders or purchasers, then they, the said commissioners or a majority of them, shall certify under their hands and seals, that the said James Hamilton, has produced satis- factory proof that so much is or are delinquent and are in arrears, and that he has produced to them proof of his having legally proceeded in indeavoring to collect the same and that the same could not be legally collected, which certificate or attestation of the said commissioners or a majority of them shall authorise the auditor to ac- count with, give credit for, or default so much as the said certificate shall amount to, to and with the TERRITORIAL LAWS, 1811 239 ( 36 ) said James Hamilton, as also to account with him for the amount of the interest which might be due on the said delinquencies or arrearages. § 2. Be it further enacted, That it shall be the duty of the auditor of the Indiana territoiy to stay, with-hold. Auditor to or postpone issuing any execution or executions against stayexecuti- the said James Hamilton or his securities for any judg- ^^^^^^^^^^ ment or judgments which he may have obtained against him or them for any arrearages of taxes or territorial dues whatsoever for the space of four months from this date, so that the said James Hamilton may have time and opportunity to collect and produce the evidence contem- plated by this law. § 3. Be it further enacted, That when the said col- lector shall attend as aforesaid for the final settlement of What years his account with the territory, the same shall be made to settle for between him and the auditor for the years, 1806, 1807, 1808, 1809, and 1810 notwithstanding, and leaving out of view a receipt or quietus obtained by the said James Hamilton from the former auditor, and the judgment obtained in the name of the territory against the said collector. GENl. W. JOHNSTON, Speaker of the Hotise of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. ( 37 ) CHAPTER XX. AN ACT respecting the General Fund. WHEREAS by a joint resolution passed at the first session of the third general assembly of this territory. Proviso, entitled a resolution for ascertaining and collecting the arrearages of thet erritorial tax. The auditor of public 240 INDIANA HISTORICAL COLLECTIONS accounts was therein directed to raise and open cei-tain accounts, and also to procure from the several clerk of the courts of common pleas, abstracts of the lands taxed for territorial purposes, and for defraying the expense thereof — there was appropriated the sum of one hundred and fifty dollars. And whereas the said auditor hath reported to this general assembly that the aforesaid one hundred and fifty dollars has remained untouched — Therefore BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authoHty Transferred of the same, That the said appropriation of one hundred to general and fifty dollars, be, and the same is hereby transferred ^"^^- to the general fund of said territory and to become a part of the same as effectually as though the said resolution had never been passed. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. ( 38 ) CHAPTER XXL AN ACT repealing the benefits of the act concerning Executions in certain cases. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the au- tho7'ity of the same, That on judgment or judgments hereafter obtained against any collector or collectors of public revenue they shall not on execution or executions issued against them be entitled to any of the benefits of the law entitled an act concerning executions, approved on the seventeenth day of September, one thousand eight hundred and seven, any thing in the said act to the con- trary thereof in any wise notwithstanding. TERRITORIAL LAWS, 1811 241 GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXIL AN ACT authorising the Courts of Common Pleas to issue Writs of Hdbias Corpus and Certiorari in certain cases. § 1. BE it enacted by the Legislative Council and House of Representatives, and it ( 39 ) is hereby enacted by the authority of the same, That the courts of common pleas of the several counties in this ter- Judges to ritory or any judge thereof in vacation, shall and they issue writs of are hereby authorised and empowered to issue writs of habiascor- habias corpus ad subjiciendum, and to cause to be ^^ ' brought before them any or either of them, any person committed to prison, and to remand, discharge or take bail for the appearance of such person according to law — Provided always, that whenever it shall appear that any person has been committed for any crime exclusively cognizable by the superior court, it shall be the duty of the court or the judge thereof who may examine into the matter to remand such person to prison. § 2. And be it further enacted. That the said courts of common pleas or any judge thereof in vacation, shall and Judges of they are hereby authorised to issue writs of certiorari, common to remove any suit or action which may be improperly P^^^s to issue instituted and conducted by any justice of the peace with- "^^^^^ ^^ '^^^' in this territory, either before or after judgment shall have passed on the said suit or suits or action. And it 17—49011 tiorari. 242 INDIANA HISTORICAL COLLECTIONS Duty of jus- tice of peace on certiorari. shall be the duty of said justice of peace to whom any of the said writs of certiorari shall be directed either before or after judgment as aforesaid, to make out a fair tran- script of the record of said suit or action, so far as the same shall have progressed, and certify the same which shall be returned to the said court from whence the said writ shall have been issued, together with the said writ of certiorari, provided however that the said court or any judge thereof who may al- Dutyof court on re- turn of cer- tiorari. Duty of per- son applying for writ of certiorari. ( 40 ) low the said writ of certiorari, shall upon allowance thereof take bail with sufficient security in a bond, con- ditioned that the said person applying for the said writ, will prosecute the same without delay and will abide the order of the said court thereon. § 3. And be it further enacted, That if upon the re- turn of the said writ of certiorari together with the afore- said transcript, it shall appear to the said court, that the said suit or action, shall have been improperly instituted or conducted, they shall and may reverse the proceedings either in whole or in part and may send it back for trial to the justice of peace before whom it originated if in the opinion of the said court it appears to be a cause properly triable by a justice of the peace, or if it shall appear to them that the said cause is not properly cogniz- able before the said justice of peace the same may be dismissed — Provided however, that it shall not bar the plaintiff's claim in a future action brought before a court having competent jurisdiction thereof. § 4. And be it further enacted, That it shall be the duty of the said party or parties applying for the said writ of certiorari, at the time of such application to make out in writing a fair statement to the satisfaction of the said court or in vacation to the satisfaction of the judge, to whom he may apply for the same — stating particularly the points or causes of complaint, which court if in term shall and may direct the said writ to issue, and if allowed TERRITORIAL LAWS, 1811 243 by any judge in vacation, he shall endorse on the back thereof (I allow this writ) and sign his name thereto, ( 41 ) and any justice of peace failing or neglecting to obey the same shall be liable to the penalty of forty dollars to be recovered in the name and for the use of the party injured with costs of suit. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXIII. AN ACT for the relief of Willis W. Goodwin, late Sheriff of Clark county. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That the judges of the court of judges to Common pleas of the county of Clark, be, and they are actascom- hereby appointed commissioners, and are hereby author- missioners to ised and empowered to receive evidence of land being settle with twice entered within the said county of Clark for the years 1808, 1809 and 1810, and on the said Willis W. Goodwin producing to the said commissioners, or a ma- jority of them, satisfactory evidence of lands being twice entered, and upon they the said commissioners or a ma- jority of them certifying under their 244 INDIANA HISTORICAL COLLECTIONS Commissi- oners to give certificate. Auditor not to have exe- cution issued ( 42 ) hands and seals, that from sufficient evidence produced to them of lands being twice listed, the said Willis W. Good- win is entitled to a credit, naming the sum, accompanied by a list of the land, and names of the persons in whose names it was improperly listed upon, upon such certifi- cate being produced to the auditor, he is hereby required to give credit for the same; and it is hereby made the duty of the auditor to postpone the issuing execution against the said Willis W. Goodwin for two months, so that an opportunity of forwarding the evidence of im- proper listing of lands may be allowed. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. Auditor to audit to D. Sullivan. CHAPTER XXIV. AN ACT for the relief of Daniel Sullivan, late Collector- of the county of Knox. BE it enacted by the Legislative Council and House of Representaiives, and it is hereby enacted by the authority of the same, That the territorial auditor be, and he is hereby authorised and required to allow Daniel Sul- livan, collector of taxes for the county of Knox, in the year one thousand ( 43 ) eight hundred and six, the sum of sixty-five dollars and seventy-one cents, with interest thereon from the eleventh of September, one thousand eight hundred and ten, being TERRITORIAL LAWS, 1811 245 the amount which he claims for delinquencies and over charges in the duplicate for that year. GENU W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXV. AN ACT supplementary to the act entitled, an act regulating the General Elections of the Indiana Territory. BE it enacted hy the Legislative Council and House of Representatives, and it is hereby enacted hy the authority of the same, That the citizens of this territory Timeofhol- qualified to vote agreeably to the provisions of the act en- ding election titled, an act regulating the general elections of the In- diana territory, shall on the first Monday of August next, and on the first Monday of August biannually thereafter, elect one delegate to the congress of the United States, at the same place, in the same manner, and under the care and regulations ( 44 ) of the same officers as is provided in and by the said re- cited act. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS. President of the Legislative Council. Approved, December 17th, 1811. WILLLIAM HENRY HARRISON. 246 INDIANA HISTORICAL COLLECTIONS Court to al- low sheriff for certain services. CHAPTER XXVI. AN ACT authorising the Court of Common Pleas of Dearhoi-n County to allow the Sheriff thereof compensation for certain services. BE it enacted by the Legislative Council and House of Representatives, andit is hereby enacted by the authority of the same, That the court of common pleas of Dearborn county, be and they are hereby authorised to audit and allow to the sheriff of the said county such compensation as they may deem reasonable for his serv- ices and trouble in holding the elections in the said county since the same was divided into election districts payable out of the treasury of the said county of Dearborn. GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved— 17th Dec. 1811. WILLIAM HENRY HARRISON. No person not entitled to right of suffrage eli- gible to of- fice. ( 45 ) CHAPTER XXVH. AN ACT for regulating the appointment of officers and for other purposes. § 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 person shall hereafter be appointed to any office of trust, honor, or profit within the Indiana territory who is not entitled to the right of suffrage. § 2. And be it further enacted by the authrity afore- said, That hereafter when any fines are assessed, laid or collected by any justice of the peace within any county of TERRITORIAL LAWS, 1811 247 this territory, for crimes or misdemeanors properly cog- Justices of nizable by them or any of them and the said justice of peace not peace or justices of peace, who may levy assess or collect P^y^^^s over the said fines, shall refuse or neglect to pay over the said ^^ ^ ^j^^j^ fines as directed by law, the said justice or justices so howpunisha- neglecting or refusing to pay the same as aforesaid, shall ble. each and every of them be liable to the penalty of forty dollars for each and every such neglect or refusal, one half to the use of the county in which such justice of peace resides and the other half to the use of any person who will sue for the same and costs of suit to be recov- ered in any court having competent jurisdiction thereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 17th December, 1811. WILLIAM HENRY HARRISON. ( 46 ) CHAPTER XXVIH. AN ACT in aid and amendment of the act allowing foreign attach- ments and the act prescribing the mode of proceeding against absconding Debtors. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That where any debtor, leaves or is about to Debtors ab- leave his usual place of abode, or sojoumeying in any scondmgor county of this territory, so that the ordinary process of d h t law cannot be served upon him. It shall and may be law- ^jg proceeded ful for any person or persons being his, her or their cred- against, itor to proceed against such debtor in the same manner as is provided by law against absconding debtors; any law custom or usage to the contrary hereof in any wise not- whose faml withstanding — Provided however, that this law shall not lies bona fide extend to or embrace any person or persons who may remain. Proviso in fa vor of those 248 INDIANA HISTORICAL COLLECTIONS leave his or her family in the said county bona fide settled therein. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislalive Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. Part of for- mer law re- pealed. Public roads to be 33 feet in width. Part of foi-- mer law re- pealed. What per- sons liable to work on pub- lic roads. ( 47 ) CHAPTER XXIX. AN ACT in amendtyient and aid of the law entitled "An act for opening and regulating Public Roads and Highways. § 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 above recited act as authorises the courts of Common Pleas in the sev- eral counties within this territory, to cause to be opened a Public Road or Highway of the width of sixty-six feet, be, and the same is hereby repealed, and that all public roads and highways which may hereafter be laid out un- der the authority of the said several courts shall be of the width of thirty-three feet, and no supervisor or su- pervisors shall hereafter open, or suffer to be opened any road exceeding the said width. § 2. And he it further enacted, That so much of the above recited act, and any other act or acts, law or resolu- tion, which go in any manner to exempt persons of or above the age of fifty years from working on the public roads and highways, be, and the same is and are hereby repealed, and hereafter all male persons between the age of sixteen and lifty-five years, be, and they are hereby obliged and liable to work on the said public roads and highways, any thing in the fore- ( 48 ) going law to which the present is an amendment to the contrary notwithstanding. TERRITORIAL LAWS, 1811 249 GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Coiincil, Approved — 17th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXX. AN ACT allounng compensation to the members of the Legislative Council and House of Representatives of the Indiana Territo7-y, and to the Officers of both Houses at the present session. § 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by Compensati- the authority of the same, That each and every member on of mem- of the legislative council and house of representatives, ^ersoflegis- shall be entitled to and receive out of the territorial treas- ^*"^'^- ury upon the certificate or certificates of the auditor as in other cases for each and every days attendance on the legislature at the present session, the sum of three dollars, and shall moreover be allowed the sum of ten cents per Milage of mile travel to and from Vincennes to their place of same, residence by the most usual road. § 2. Be it further enacted, That the clerk of the legis- lative council and the clerk of the house of representa- Compensati- tives, shall in like manner receive for their services on of clerks, respectively the sum of four dollars per day. And that the ( 49 ) door keeper to both houses shall in like manner receive Of the door for his services the sum of one dollar and fifty cents per keeper, day. § 3. And he it further enacted, That the compensation allowance to which shall and may be due to the members and officers members of the legislative council shall be certified by the presi- ^^^ oncers dent thereof and that which shall and may be due to the y^^Te to be members and officers of the house of Representatives, to- certified by 250 INDIANA HISTORICAL COLLECTIONS the president and speaker respectively. gether with the door keeper of both houses, shall be certi- fied by the speaker thereof, which certificate shall be to the auditor sufficient evidence of claim, and he shall there- upon issue warrants as is provided in other cases to the several members and officers aforesaid payable at the Treasury of the Territory as in other cases. GENl. \V. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 17th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXXI. A joint resolution respecting a certain Audited Warrant. WHEREAS by an act of the general assembly of this territory, entitled, an act for Proviso. wrt. no. 101 issued for purchase of chest, not to be paid by treasurer. ( 50 ) the relief of the territorial treasurer and for other pur- poses the said treasurer was therein authorised to pro- cure a chest for the better securing of the monies of the said territory; and whereas the auditor in pursuance thereof did issue warrant No. 101 for the sum of two hundred dollars to purchase said chest; and whereas also the said chest has not yet been purchased, nor the order discharged at the treasury — therefore, RESOLVED by the Legislative Council and Hov^e of Representatives, That the territorial treasurer be and he is hereby directed and enjoined not to pay the said war- rant number one hundred and one, for the two hundred dollars aforesaid, which said sum is hereby transferred TERRITORIAL LAWS, 1811 251 to and made a part of the general fund of this territory and the said warrant is hereby annulled and made void. GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved— 17th Dec. 1811. WILLIAM HENRY HARRISON. CHAPTER XXXII. AN ACT allowing compensation to the legal Representatives of John M'Candliss, Esquire deceased, late Sheriff of Knox county for certain ser,vices. WHEREFORE it appears to the legisla- ( 51 ) ture, that John M'Candliss deceased, late sheriff of Knox Proviso, county, did in the month of April last hold two elections for a delegate to congress and at which elections it be- came necessary for the said John M'Candliss to have act- ing deputies that were paid by him — Therefore, ^ BE it enacted by the Legislative Council and House of ^j^j^ ^^ j.^^_ Representatives, and it is hereby enacted by the authority resentatives of the same, That the legal representatives of John of J Mc' M'Candliss deceased, be allowed the sum of forty dollars Canless for to be paid out of the county treasury in full for his serv- ^o^*^^^^ ^°^' ices as sheriff in holding the said elections. fection GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. 252 INDIANA HISTORICAL COLLECTIONS Owners of ferry to keep banks in re- pair. How punish- able for neg- lect. CHAPTER XXXIII. AN ACT Supplementary to an act entitled an act to establishing Ferries. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That any ower or occupier of a ferry, that is or may hereafter be established within this Territory, shall be and they are hereby ( 52 ) obliged to keep the banks of the river or watercourse, at the place where such ferry is kept in such repair, that waggons and teams may safely and conveniently pass. Any person or persons owning or keeping a ferry legally established within this territory, and neglecting or re- fusing to perfoiTti the duties required by this act, shall for every such offence, be subject to the same penalty, as supervisors of publick highways are, for neglect or omission of their duty, to be recovered in the same way as is pointed out in the law to recover fines off of super- visors for neglect of their duty. GENl. W. JOHNSTON, Speaker of the Hoxise of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXXIV. AN ACT making appropriations for the ensuing year. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the TERRITORIAL LAWS, 1811 253 authority of the same, That the sum of three hundred Contingent dollars be and the same is hereby appropriated for con- ^^^d- tingent expences; and that all other monies which may and shall be received into the territorial treasury shall General fund be a genera ( 53 ) fund for all monies allowed by law; the said contingent fund shall be subject to the order of the governor for ex- Contingent presses and other incidents which cannot now be foreseen fund liable by the two houses, a statement whereof shall be by him to order of laid before them at their next session. ovemor. § 2. And be it further enacted, That there shall be allowed and paid to the following persons for their serv- ices the following sums : To Messrs. Jones & Dubois for stationery furnished for Specific ap- the use of both houses at the present session twenty four propriation. dollars and seventy-five cents. To Benjamin Adams for fuel furnished as above four- teen dollars and twenty five cents. To Parmenas Beckes for the use of a house for the accommodation of the two houses at the present session the sum of twenty-five dollars. To Nathan Powel assessor of the land tax for the county of Dearborn for the years eighteen hundred and eight, nine, ten and eleven, the sum of forty-two dollars and ten cents. To the county of Knox for house rent at the commence- ment of the present session the sum of eleven dollars. To James Dill a member of the house of representatives for the county of Dearborn for his services in travelling from his residence to Charlestown and returning home in order to attend the session of the present legislature pur- suant to the proroguation at the last session, the sum of twelve dollars. To Solomon Manwarring for similar services the sum of fourteen dollars. 254 INDIANA HISTORICAL COLLECTIONS ( 54 ) Specific ap- To John Templeton the sum of twenty-eight dollars, propriation. To Richard Rue the sum of twenty-eight dollars. And the auditor shall audit as in other cases, and the treasurer pay the same accordingly. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. Court of C. Pleas quad- rennially to appoint Lis- ters of land. CHAPTER XXXV. AN ACT to amend the act entitled an act for laying and collecting a Tax on Land and for other purposes, and repealing part of the said act. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enxicted by the authority of the same; That the courts of common pleas of the several counties which now are or shall hereafter be laid off in this territoiy, shall on or before the first day of February next & on or before the first day of Feb- ruary quadrennially thereafter at any special term or court by them to be appointed for that purpose, which they are hereby authorised and empowered at any time to hold, appoint in their respective counties, a lister for the pur- ( 55 ) poses hereafter mentioned each of whom shall before he or they begin or commence upon the duties of their re- spective office, take and subscribe the following oath or affirmation, before any judge or justice of the peace of the said county in which he shall be so appointed, to wit : TERRITORIAL LAWS, 1811 255 I do swear or affirm (as the case may be) that as lister for the county of I will to the best of my skill and judgment, diligently and faithfully execute the duties of the office of lister, without favor, partiallity or affection, and that I will do equal right and justice to the best of my knowledge and understanding in every case in which I shall act as lister so help me God. A certificate of which oath or affirmation shall be delivered to the said lister or listers respectively, and a copy thereof trans- mitted without delay to the clerk of the court of common pleas of the respective county to be by him filed in his office, and in case of the death, refusal to act or, resigna- tion of the said lister, the said court of common pleas of the county in which such death, refusal, or resignation may so happen; shall as soon as may be thereafter at a special court to be by them held, for that purpose, ap- point a person to supply such vacancy who shall take and subscribe the same oath as pointed out in the foregoing part of this section — Provided always, that no sheriff or deputy sheriff, shall be appointed or shall be eligible to exercise the duties of a lister — Provided however, that the person so appointed lister of land, shall be also ap- pointed by the said courts assessor of personal property or assessor of such Lister's oath Certificate thereof to be did. to lister. Copy trans- mitted to Clerk of C. Pleas. In case of death, &c. of Lister, C.P. to make an- other ap- pointment for which they are au- thorised to hold special courts. Sheriff or his deputies not to be ap- pointed Lis- ters. ( 56 ) property as is subject to taxation for county purposes. § 2. Be it further enacted by the authority aforesaid, That the said listers in the several counties shall and they are hereby empowered and required to receive from each and every person or persons residing within their said counties and owning lands within the same a list under oath of the quantity and quality of such land, by him, her or them so owned or claimed within the said county, which oath the said lister is hereby empowered to ad- minister, which said list, shall contain the name or names of the owner or owners, claimant or claimants together with the number of acres, so by him, her or them claimed Owners of land to de- liver list of the same under oath the Listers. Lister to ad- minister said oath. Specifica- tion required in said list. 256 INDIANA HISTORICAL COLLECTIONS Lister to en- ter same in a book. In fixing rates of land Listers shall judge wholly by the depth and goodness of the soil. Listers shall attend in townships & election dis- tricts respec- tively, to re- ceive land lists, giving at least ten or owned within the said county whether the same be claimed or owned by entry bond, deed of conveyance, pur- chase, patent or otherwise, and whether the said land or lands, be first, second or third rate which the said lister, shall set down in writing in a book, to be by him provided for that purpose, in which rating of such tract or tracts of land, the said lister, shall only take into view the depth and goodness of the soil, and shall set down the rates accordingly specifying that the same is first, second or third rate as case may be. § 3. Be it further enacted, That the said lister of lands, shall advertise at the county town, and also in the most public place in each and every township or election district (as the case may be in their several counties that he will attend at a convenient place to be mentioned in the said advertisement as near as may be to the centre of population of such Inhabitants required to attend. Failing so to do, having had notice, or neglect- ing to ren- der list, giv- ing a false affidavit, or to be fined treble the amt. of his taxes. Any person failing to at- tend may render list to lister in one month. ( 57 ) township or district at least ten days after the date of such advertisement, in order to receive a list of all the lands which such person or persons owns or claims by any of the ways before mentioned within the said county, and the said persons are hereby required to attend at such time and place in such advertisement mentioned, and if any inhabitant within any of the said townships having received due notice shall fail to attend, or shall refuse or neglect to render such account or list, or shall render a false or fraudulent list he, she or they, shall be fined in a sum not exceeding treble the amount of his taxes, to be recovered by and in the name of the lister before any justice of peace within the township, which shall go to the use of the territory. § 4. Be it further enacted, That in case any such in- habitant shall not attend at the time and place notified by such lister to give in a list of his her or their taxable lands in the said county as above mentioned it shall and may be lawful for the said lister or listers to receive such TERRITORIAL LAWS, 1811 257 persons list at any time thereafter within the space of one month, provided however, that such person or per- sons giving such list makes oath to the justness of such list, and in case of failure herein the said lister may and shall proceed to list such person or persons lands in the said county, as also to list the lands of non-residents, claiming lands within any of the said counties within this territory from the best information he may possess or can collect. H Shall testify to the accu- racy of such list. Failing, lis- ter shall list such land al- so those of nonresidents. ( 58 ) § 5. Be it further ended, That the said listers so as aforesaid, appointed shall on or before the first day of May next, and on or before the first day of May quadren- nially thereafter make out a fair list of all the lands owned or claimed within their respective counties either by entry, deed of conveyance, patent, bond for conveyance or otherwise, whether claimed by residents within the said county or non-residents in the following form viz. — A list of lands owned, claimed or entered with in the county of previous to the day of and now subject to taxation. Listers quad- rennially to make a list of all lands owned or claimed with- in their counties re- spectively. No. of acres. First rate Second rate. Third rate Rate of taxation Amt. of taxes — D. C. which said list when made out in alphabetical order and completed shall be certified by the said lister, and deliv- ered by him to the clerks of the respective courts of com- mon pleas on or before the last day of May next and on or before the last day of May quadrennially thereafter. § 6. Be it further enacted by the authority aforesaid, That the said judges of the court of common pleas, shall and they are hereby enjoined and required to assemble at the court house of their respective counties on the first Said lists cer- tified by list- ers and to clerks of C. Pleas. Courts of C. Pleas to cor- rect improp- er rates. 18—49011 258 INDIANA HISTORICAL COLLECTIONS Monday in June next, and on the first Monday in June quadrennially thereafter, and the clerks shall lay before them the said lists of lands so as aforesaid provided to Lister shall give notice at the time of listing. When lists revised elks, shall make two trans- cripts. One for au- ditor. The other to be filed in the clerks of- fice together with the 0- riginal ab- stract. Auditor to foi-ward to sheriffs copy of said list. ( 59 ) be made and the said judges shall and they are hereby empowered to hear any complaints of improper or partial rating in of lands which may have been made by the said listers, and to make such alterations therein as they or a majority of them shall think reasonable and just, of which court of appeal it shall be the duty of the lister to give due notice at the time he is listing the said lands. § 7. Be it further enacted by the authority aforesaid, That when the said abstracts or lists of lands for the re- spective counties shall be revised and corrected as afore- said the clerks of the said courts respectively, shall make out two fair and correct transcripts thereof, one of which the said clerks respectively shall forward to the terri- torial auditor on or before the twentieth day of June next and or before the twentieth day of June quadrennially thereafter, and the other shall be regularly filed in the office of the said clerk or clerks respectively, together with the original abstract or list; and it shall be the duty of the said auditor within thirty days after he shall have received the said duplicate or list of lands from the re- spective counties, to forward to the respective sheriffs, of each and every county a correct copy of such duplicate or list, in which duplicate or list he shall carry out op- posite to each tract of land the amount of tax or taxes due or required to be paid thereon, which sheriff or sheriffs respectively shall proceed immediately to collect the said taxes as by this law herein after directed — Pro- vided however, and it is hereby expressly enjoined on the said courts, § 7, 1. 8. In the enrolled act the word "on" is inserted between the words "and" and "or." — Ed. TERRITORIAL LAWS, 1811 259 ( 60 ) that, should any of the foregoing duties or requisitions as required in the foregoing sections, through death, acci- dent or other casually, be omitted or neglected to be per- formed, it shall then be legal for the said courts, listers and clerks to proceed in the performance of the said respective duties at any time within two months there- after, proper notice thereof being given as herein before directed. § 8. And be it further enacted by the authority afore- said, That any lister who shall have accepted his said appointment as lister of lands, and shall have been sworn as aforesaid who shall refuse or neglect to perform the service and duty required of him and enjoined upon him by this act, he shall for every such neglect or refusal be fined in any sum not exceeding two hundered dollars, to be recovered by action of debt in any court of common pleas in this territory with costs of suit in the name of the auditor for the time being, and for the use of the territory; and if any of the judges of the court of com- mon pleas within any of the counties of this territory, shall refuse or neglect to perform any of the duties en- joined or required of him or them by this act, every such judge refusing or neglecting shall be fined in a sum not to exceed one hundred dollars recoverable in like manner before the general court or circuit court of the county in which such judge or judges reside and to the same use, and if any clerk of any of the courts of common pleas, shall neglect or refuse to perform the services and duties enjoined on Sheriffs to collect taxes. Failure in duties as as- sessed ; Courts, list- ers to pro- ceed within two months. Lister being sworn and neglecting to perform his duty shall be fined. Judges neg- lecting duty, how punish- ed. Clerks neg- lecting their duty, how fined. ( 61 ) him and required of him by this act he shall for every such neglect or refusal be fined in the sum of one hundred dollars, recoverable in like manner with costs of suit in P. (60), 1. 3. In the enrolled act the word between "other" and "be" is "casualty" instead of "casually." — Ed. 260 INDIANA HISTORICAL COLLECTIONS Compensati- on to listers how paid &c. Allowance to clerks. Land lists to govern audi- tor in laying the tax. the name of the auditor before any court of common pleas, and for the use of the territory as aforesaid. § 9. Be it further enacted, That the said listers shall respectively receive for each tract he or they may so list and rate aforesaid the sum of five cents to be paid by the collector of the said county in which such lister may reside, on the order of the judges of the court of common pleas, which order they are hereby empowered to give, which order so paid with a receipt thereon shall be a suflEicient voucher to the territorial treasurer to receive the same as so much paid by the said collector respec- tively and shall be allowed and audited accordingly. And the said clerks of the respective counties shall receive for every two such copies as he is herein before enjoined and required to make out, the sum of twelve dollars, to be certified and allowed in like manner, as the listers ac- counts are herein directed to be done. § 10. And be it further enacted by the authority afore- said, That the said lists and rates so as aforesaid made out on the lands within this territory shall continue to govern the auditor in levying all territorial taxes which are required or may be collected within the same for four years from and after the said first day of May next, when a new list of rates adding thereto all which may be in the interim entered or purchased within any Auditor to procure ab- stracts of sales of pub- lic lands which he shall forwrd. to sheriffs. ( 62 ) of the said counties, which now are or shall hereafter be laid off in the said territory. § 11. And be it further enacted, That the auditor shall on or before the first day of February next, and on or before the first day of January annually thereafter pro- cure from the proper officers an abstract of the lands bought by individuals within any county of this territory, noting therein the range, town, section, half section or quarter sections thereof, which abstracts he shall on or before the first day of May next, and on or before the first day of May annually thereafter forward to the TERRITORIAL LAWS, 1811 261 sheriffs of the several counties within this territory, which sheriffs shall annually add such lands to their sev- eral lists rating the same at second rate until a new list or rating takes place, and shall collect the taxes thereon accordingly, and the said auditor shall in his books charge the said sheriffs respectively with the additional amount of taxes due on such land rating the same at second rate until altered as aforesaid ; and all the lands in this terri- tory owned by individuals whether resident or non-resi- dent shall be taxed as follows, to wit : the tax to be laid Tax to be on the said land by the auditor as aforesaid for territorial laid on land, purposes, shall for first rate land not to exceed one dollar per hundred acres, on second rate land not exceeding seventy five cents per hundred acres, and on third rate land not exceeding fifty cents per hundred acres. § 12. Be it f mother enacted by the authority aforesaid. That the sheriffs of each ( 63 ) county shall on or before the last day of August annually Time when demand payment of the taxes or sums which may be as- sheriff shall sessed, rated or laid as aforesaid on each inhabitant in ^^^" ^^" his county which demand shall be made by the said thereof sheriffs or his or their deputy in person, or by notice left at his, her or their usual place of residence or abode, which if not paid to the said sheriff or his deputy as aforesaid on or before the said last day of August next, Time when and on or before the last day of August annually there- ^^^^^ *° ^ after it shall be the duty of the said sheriff, and he is ^^^ ' hereby empowered, to take the personal property, goods or chatties of the person or persons so failing to pay their said land taxes, and shall thereupon proceed to give ten days notice of the time and place at which he intends exposing the said goods or chatties to sale by advertising Failing to the same in the most public place in the township where pay how she- such delinquent or delinquents reside and where the said ^^^ ^o P'^o- lands do lie; provided however, that the said delinquent ^^^^' or delinquents may at any time the property distrained 262 INDIANA HISTORICAL COLLECTIONS How delin- quent may redeem pro- pertp. Property seized for taxes being insufficient, sheriff to make a sec- ond distress. be sold, ask for, demand and receive the said property, on tendering to the said sheriff or sheriffs the amount of his, her or their land tax, then due, and the expences of keeping- the same together with fifty cents to the said sheriff for his trouble and expence in distraining and advertising the said property, and in case the property so taken and distrained sells for more than the land taxes due from the said delinquent or delinquents, the said sheriff shall be entitled to receive therefrom for his trouble and expence in selling and seizing the Delinquents injured may appeal to C. Pleas. Delinquents having no personal property sheriff to seize land. In what time sheriflF to pay mon- ey collected to Treasur- er. ( 64 ) same the sum of fifty cents, but in case there is not a sufficient sum produced by the sale of such property to pay the said taxes the sheriff may and is hereby author- ised by a second distress to make the said amount in the manner aforesaid — Provided how^ever also, that the delin- quent or delinquents who may think him, her or them- selves aggreived by any such distress or sale as afore- said may apply to the court of common pleas at the term next to be holden in and for the said county, who shall examine the same, and if the said court are of opinion that the said sheriff has acted improperly in such sale or sales, they shall give to the party injured such redress as the nature of the case requires. § 13. And be it further enacted by the authority afore- said, That in case of any delinquencies, or non payment of taxes as herein directed, and that no personal prop- erty, goods or chattels of such delinquent or delinquents is or are to be found within the said county wherein the lands of such delinquent or delinqents do lie, it shall then be the duty of the sheriff as collector to proceed to levy and collect the sum or sums, so in arrear by a sale of the land or lands as heretofore directed by the act to which this is an amendment. § 15. And be it further enacted by the a^ithority afore- said, That it shall be duty of the sheriff to pay over to the treasurer of the territory on or before the fifteenth day TERRITORIAL LAWS, 1811 263 of December yearly, and every year the tax money which he shall have collected and ( 65 ) received for which monies so paid over the treasurer shall give a receipt which shall be a sufficient voucher, to ex- onerate and discharge the said sheriff for the amount in the said receipt contained, at which time of paying the said monies the treasurer shall also allow to the sheriff paying the same, ten per centum upon all monies so by the said sheriff collected and paid over, and shall discount with him therefore accordingly. § 15. Be it further enacted by the authority aforesaid, That it shall be the duty of one of the judges of the sev- eral courts of Common Pleas in the respective counties of this territory hereafter on receiving ten days notice from the collector of his county to attend at the time and place of the sale or sales of any lands, which may be exposed for the taxes or arrearages of taxes, and where any tract of land or tracts of land so exposed to sale will not sell for the want of bidders or purchasers it shall be the duty of the said judge to give to the said collector a certificate thereof, which certificate shall be a sufficient voucher to the territorial auditor, who is hereby directed and au- thorised to enter to the credit of the said collector the amount of tax charged in the duplicate upon the said land. § 16. Be it further enacted by the authority aforesaid, That any person failing in any of the duties required of him by this law or that to which this is an amendment, shall be subject to a fine of three hundred dollars by indictment or information for the use of the territory. Allowance sheriff for monies col- lected. A judge of C.P. to at- tend sales of land. Lands not selling for want of pur- chasers, Judge to give sheriff certificate thereof. Sheriff entit- led to audit with auditor for amount. Penalty on officers car- rying this act into ef- fect, for fail- ure of duty. ( 66 ) § 17. And be it further enacted by the authority afore- said, That so much of the act entitled an act for levying 264 INDIANA HISTORICAL COLLECTIONS Parts of for- mer laws re- pealed. and collecting a tax on land and for other purposes, as makes it necessary and enjoins it on the courts of Com- mon Pleas of the respective counties within this territory to appoint assessors is hereby repealed, and so much of the said act as comes within the purview of this act is and the same is hereby repealed. This law to take effect and be in force from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. Cases cogni- zable before justice of the peace. CHAPTER XXXVI. AN ACT to amend the. act entitled an act establishing courts fo^r the trial of small caiises. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That every action of debt or other demand (except as in the said law is accepted) shall be and the same is hereby made cognizable before any justice of the peace or magistrate in the township either where the debt was contracted or the cause of action arose, or Justice to is- sue subpoena for witnesses ( 67 ) in the township where the defendant resides and not else- where; provided however, that if there is a justice of the peace resident within the said township where the de- fendant lives he shall thereupon proceed to try the same. § 2. Be it further enacted, That in all actions or suits properly cognizable before or examinable into by any jus- tice of the peace in any township in this territory for the trial of small causes, such justice may issue his subpoena TERRITORIAL LAWS, 1811 265 to compel the attendance of witnesses on any trial before him from any other township in the same county, and if any person or persons being duly subpoenaed as a wit- ness in any cause cognizable before a justice of the peace shall neglect or refuse to attend at the place on the day and at the time in such subpoena mentioned, he, she or they so neglecting or refusing shall be fined in any sum not exceeding the amount of the debt and damages sued for, provided the plaintiff or plaintiffs, defendant or denfendant shall make oath that he she or they believe said witness to be a material witness in said suit to the use of the party on whose behalf such witness or wit- nesses were so subpoenaed, for which fine with costs the said justice shall issue execution against such witness or witnesses unless such witness or witnesses within thirty days after the said fine shall be by such justice so laid, render on oath a reasonable excuse to the satisfaction of such justice of the peace for such delay, neglect or non- attendance, provided however, that no such witness shall be finable unless such subpoena shall have been served at least two days be- Witness re- fusing to at- tend how fi- ned. Without rea sonable ex- cuse. Manner and time of serv- ing subpoena sitions. ( 68 ) fore the trial where the witness resides within thirty miles of the place of residence of the said justice of the peace, and one day for every twenty miles above that distance, provided also that when any witness lives out Justice to is- of the county the said justice of peace may and shall and suededimus he is hereby authorised to issue a dedimus to take the ^?J^__ ^^°' deposition of any such witness as is usually done in the general court and courts of Common Pleas of this terri- tory, and which shall be taken and read in evidence under the same rules and regulations as such depositions upon commissions issuing from the said courts usually are, and the said justice may continue the said cause a reasonable time for the return of such dedimus or deposition. § 3. Be it further enacted by the authority aforesaid, That if any person or persons think him, her or them- 266 INDIANA HISTORICAL COLLECTIONS Party ag- grieved may appeal. In what time Appellant to give security to prosecute. selves aggrieved by any judgment rendered against them by any justice of the peace as aforesaid it shall and may be lawful for such person or persons at any time within the space of twenty days next after rendering of such judgment to appeal therefrom to the court of common pleas next to be holden for the county in which such suit hath been tried, he she or they first entering into recog- nizance with at least one sufficient security in a sum sufficient to answer all costs and damages, to prosecute the said appeal with effect and to abide the order which the court of common pleas may make therein and upon any appeal demanded from any such judgment the jus- tice of the peace who pronounced the same shall deliver to the appellant a transcript of the same, Justice to give trans- script. Appellant to deliver tran- script to court. Appellant to pay all costs. No appeal in certain cases. Pltif . below shall be pltff. above. ( 69 ) together with copies of all process and proceedings there- in as also the papers upon which such suit or suits is or may be founded, who shall deliver the same to the clerk of the court of common pleas of the said county in which such appeal is made, at or before the first day of the term next following such appeal and all proceedings be- fore the said justice or any process issued by him on the said judgment shall be staid from the time of demanding such appeal unless the appellant shall neglect or refuse to give the security above required — Provided however, that such person or persons demanding such appeal shall pay down to the said justice all costs which have accrued on said suit, as also, at the rate of twelve and a half cents for every hundred words for making out such tran- script, and provided also that neither party shall be en- titled to an appeal in any case in which judgment hath been entered on the report of referrees, appointed as ex- pressed in the law to which this is an amendment. § 4. Be it further enacted, That the person so appeal- ing shall cause an entry of the said suit to be made by the clerk of such court and the plaintiff in the court be- low shall be plaintiff in the court above, and after such TERRITORIAL LAWS, 1811 267 entry hath been made on the docket of the said court it shall be the duty of the said court to which such appeal may be so made to proceed to hear and determine the said suit on the same papers as lodged with the clerk, and to call witnesses and examine them as in other cases, and it shall not be necessary for the plaintiff or How court to proceed. ( 70 ) plaintiffs in such suit to file any declaration in the same, provided however that the said court shall at the request of either party have a jury called to hear and determine the same as in other cases, and provided also that the costs which shall accrue on all process issued from the said court or for services rendered by them, shall be the same as in all other cases. § 5. Be it further enacted, That upon any appeal which may have been taken and entered as is above re- quired it shall be the duty of the said court to examine into and determine whether the said suit or suits was or were properly cognizable by or before the said justice of the peace from whose judgment said appeal was so taken, and by whom the said suit or suits was or were tried and determined, and if it shall appear to the said court that the said justice of the peace who tried the same had not cognizance of the said suit or suits by virtue of the act to which this is an amendment and by virtue of this act as is hereafter expressed they shall proceed to enter judg- ment for the defendant with costs of suit, provided that such judgment shall not bar the plaintiff or plaintiffs from a recovery in a subsequent suit or action for the same cause instituted in a court having cognizance or jurisdiction thereof. § 6. Be it further enacted, That any and every con- stable legally appointed to office in any county or town- ship in this territory who shall hereafter neglect or re- fuse in due time to execute the warrant or summons or other precept which may or shall be offered him for exe- cution or service shall and he is here- Either party may have a jury. Court on ap- peal whether justice had cognizance how to pro- ceed. Constable ne glecting to serve war- rant how pu nished. 268 INDIANA HISTORICAL COLLECTIONS Neglecting to execute exon. how punished. Appellant fai ling to file transcript. ( 71 ) by made liable together with his securities to pay to the party or parties injured thereby the amount of his or their original demand and costs to be recovered before any justice of the peace in the township or county where such constable may reside, whereon no stay of execution shall be allowed and any such constable to whom execu- tion may and shall hereafter be tendered for service, neglecting or refusing to serve the same, or who has not the money ready and pay the same over to the person entitled thereto, by or upon the return day thereof or who fails to give sufficient legal excuse why the amount thereof was not made, shall be and he is hereby made liable to pay the person entitled thereto the amount of the said execution and costs, to be recovered on motion before the justice who issued the same, and in case of the sickness, death or absence of the said justice then before any other justice of peace in the county whereupon judg- ment shall be rendered against the said constable and his securities and no stay of execution shall be allowed, and in both the aforesaid cases execution shall issue re- turnable in ten days, any thing in the fifth section of the act to which this is an amendment notwithstanding. § 7. Be it further enacted, That where the appellant fails to file the transcript of the justices record as herein required, in the proper clerks office, the clerk of such court shall upon application give a certificate stating therein the names of the parties that no such appeal or papers has been filed with him upon the production of which certificate to the justice of peace he shall immedi- ately is- ( 72 ) sue execution, including therein twenty five cents to the clerk for such certificate. § 8. Be it further enacted, That when from the ab- sence of the plaintiff or other person entitled to receive TERRITORIAL LAWS, 1811 269 the amount of any warrant summons or execution here- after issued, and the constable or other officer having paid the same into the hands of the proper magistrate, and he refuses or neglects upon application to pay the same over to such plaintiff or other person, the person or persons so entitled shall obtain judgment against the said justice of peace or magistrate on motion before any other magis- trate in the county upon which motion the return of the constable who levied the execution and paid over the amount shall be good evidence, as also any other dis- interested testimony shall be received and upon any such judgment execution shall issue immediately returnable in ten days. § 9 Be it further enacted, That in case of any dis- ability either natural or legal in the justice of peace who may issue any warrant or summons to proceed to the trial thereof or of issuing execution upon any /udgment ren- dered by him it shall and may be lawful for the constable to return the warrant or summons to such other justice of peace in the county as the plaintiff may request, but should the plaintiff fail to make an election in due time then the defendant may elect before what yustice the same shall be tried, which said justice of peace so in either case duly chosen, shall proceed to tria judgment and execution in the same manner as if the warrant or summons had been Justice de- taining mo- ney how pro ceeded agst. If from natu- ral or legal disability jus tice prevent- ed from pro- ceeding in the cause how to pro- ceed. ( 73 ) originally issued by him and in all cases when from the aforesaid disability it may be out of the power of the justice of peace who gave the judgment to issue execution thereon it shall and may be lawful for the party in whose favor such judgment was given to obtain from the said justice of peace, a certified transcript of the said judg- ment and costs upon which he may cause and have exe- cution issued by any other justice of peace within the township or county, any thing in the said act to which this is an amendment to the contrary notwithstanding. Constable executing wart, to ac- cept bail. Condition of bail bond. Bond to be returned to justice. Deft, failing to appear how justice to proceed, 270 INDIANA HISTORICAL COLLECTIONS § 10. Be it further enacted That it shall be the duty of the constable in whose hands any capias or warrant shall be placed for service or execution to take a bail bond from the said defendant or defendants, provided the said defendant or defendants shall tender a bond with suffi- cient security in double the amount of the demand that he, she or they shall or will appear at a day certain not exceeding ten days to be specified in the condition of the said bond and answer to the plaintiffs suit or suits which said bond shall be returned to the justice having issued such warrant and in case of the failure of the said de- fendant to appear at the time and place expressed in the condition of the said bond the said justice shall proceed to enter judgment against the defendant and his security for the amount of the demand and costs and issue execu- tion as in other cases. § 11. Be it further enacted, That in all cases where a capias shall issue as expressed in the foregoing section and judgment shall K Deft, having judgt. agst. him to give special bail or be com- mitted. Deft, about to abscond security may have exon. issued. ( 74 ) have been given for the plaintiff it shall be the duty of the justice of peace before whom the said cause has been tried or the said judgment rendered to require and take of the defendant or defendants in such suit a recogni- zance of special bail with sufficient security thereto, or otherwise he shall commit the defendant or defendants to prison as is provided in the act to which this is an amendment, provided however, that when the defendant has removed himself or may be about to remove his prop- erty from the county in which any judgment may be ren- dered against him or them it shall be lawful for the bail to have execution issued in the same manner as is pro- vided by law for the plaintiff in similar cases. § 12. Be it further enacted, That if any constable shall levy an execution on property and a doubt shall arise TERRITORIAL LAWS, 1811 271 whether the right of such property is in the debtor or not, Constable in such constable may, and it is hereby declared to be his certain cases duty to summon and empannel twelve freeholders, each ^°J"'JJj"J°'^ of whom shall be disinterested in the matter in contro- right of pro- versy whom he shall swear (or affirm) as the case may perty. be to try the right of such property and after hearing the allegations of the parties and the evidence thereon the said jury shall determine whether the property so claimed belongs to the defendant or defendants or to the person claiming the same, as the case may be, and in case any action being brought against the said constable for his conduct herein he may plead the general issue and give the verdict of the said jury signed ( 75 ) with their names and sealed with their seals, and this act in evidence. § 13. Be it further enacted, That the jurisdiction of the several justices of the peace within this territory or any county or township thereof, shall be and the same is hereby extended to forty dollars, provided however, that when the matter in controversy exceeds the sum of twenty dollars either plaintiff or plaintiffs, defendant or defendants upon request to the /ustice of peace before whom the said matter is brought for trial shall be allowed the right of having summoned to come before the said justice of peace a jury of six men, each of whom shall be disinterested between the parties and the said justice of peace shall proceed to swear the said jurors well and truly to determine according to evidence (as in other cases) the matter then in controversy and shall enter up judgment upon the verdict of the said jury from which judgment so entered on the verdict of a jury there may be an appeal as in all other cases. § 14. Be it further enacted, That the several con- stables within this territory, shall be allowed for summoning a jury of twelve men and returning and empannelling the same, as is pointed out in the 12th sec- Jurisdiction of justices May sum- mon jury at request of ei- ther party in certain cases Fees as in o- ther cases. 272 INDIANA HISTORICAL COLLECTIONS tion of this act one dollar, and for summoning a jury of six men as pointed out in the thirteenth section of this act fifty cents, and the said constables for serving any execution warrant or other process under this act shall be allowed milage as in all other cases except for sum- moning the juries as above pointed out, and the justices fees for summoning a jury shall be the same as for a summons in other cases Jurors fees. What shall be the stay on execution Juror failing to attend how fined. Certain acts repealed. ( 76 ) provided however, that every juror so summoned and sworn shall be entitled to receive twenty five cents on each trial to be taxed also with the bill of costs. § 15. Be it further enacted. That upon any judgment which may hereafter be rendered by any justice of the peace under this act or that to which this is an amendment no execution shall issue thereon until the expiration of thirty days if the judgment be for the sum of six dollars or under, nor until the expiration of sixty days if the judgment be for any sum above six and as high as twelve dollars nor until the expiration of ninety days if the judgment be for any sum above twelve and as high as twenty dollars nor until the expiration of one hundred and twenty days, for any sum above twenty and as high as thirty dollars nor shall execution issue for the space of one hundred and fifty days from the time of rendering such judgment for any sum above thirty and as high as forty dollars. § 16. Be it further enacted, That any juror duly sum- moned under this law and failing to attend shall be fined in a sum not to exceed three dollars, unless he can shew a reasonable excuse for his non attendance. § 17. Be it further enacted, That the act to amend an act entitled an act, establishing courts for the trial of small causes, passed and approved the twenty fifth day of October, eighteen hundred and eight, and the act en- titled an act to amend the act entitled an act, establish- ing courts for the trial of small causes, passed and ap- proved December fourteenth, eighteen hundred and ten, TERRITORIAL LAWS, 1811 273 ( 77 ) be and the same are hereby repealed. This act to take effect and be in force from and after the first day of April next. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XXXVII. AN ACT in amendment of the act entitled a law to regulate County Levies. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authoHty of the same, That so much of the law of the territory en- Tax on man- titled a law to regulate county levies, as subjects mansion sion houses houses in the country to taxation, & also the thirteenth repealed, section of the said law be and the same are hereby re- pealed. § 2. Be it further enacted, That hereafter any and every person within or coming to this territory being the Merchandise owner or possessor of any species of merchandise other imported (ex than the product or manufacture of the territory, the ceptsalt) article of salt excepted, and wishing to dispose of the j°!.^,°"^J,^'^' same or any part thereof shall previously to selling or otherwise disposing of the same or any part thereof either by him- ( 78 ) self or his agent within the territory or any of the waters within or bounding the same, pay to the county treas- urer of the county in which he or she may wish to dis- 19 — 49011 der license. 274 INDIANA HISTORICAL COLLECTIONS Manner of granting li- Form. Selling with- out license how fined. pose of the said merchandise, the sum of five dollars for three months, nine dollars for six months, twelve dollars for nine months, or fifteen dollars for one year, at the op- tion of the applicant, and the said treasurer upon the re- ceipt of either of the said sums for either of the periods above stated, shall give to the person paying the same a certificate in the words following, viz. Indiana Territory, county, set. having this day paid to me the sum of dollars, he or she as the case may be is hereby authorised to vend merchandize within the county or any of the waters thereof for months or year as the case may be, from the date hereof. Given under my hand as county treasurer this day of A.D. 18 C.T. which certificate shall authorise the person obtaining the same to vend by retail agreeably to the laws of the territory, or other- wise dispose of any and every species of merchandize dur- ing the time stated in the same and no longer, and if any person shall presume by himself or herself his or her agent to sell or otherwise dispose of any species of merchandize not the growth or manufacture of this ter- ritory within this territory or on any of the waters within or bounding the same without having first obtained a certificate as aforesaid he or she so offending shall for every such offence forfeit and pay the sum of fifteen dol- lars to and for the use of Duty of trea- sury in re- peat to li- cense. Proceeds of licenses, &c. how appro- priated. ( 79 ) the county in which the offence may be committed, to be recovered by action of debt by and in the name of the said county treasurer before any justice of the peace in the county, and it is hereby made the duty of the said treasurer to sue therefor, recover and receive the same, and the said treasurer is hereby required and directed to keep a fair entry as to person, duration, place and time of all certificates which he may grant and issued under and by authority of this law, the proceeds whereof to- TERRITORIAL LAWS, 1811 275 gether with all fines or forfeitures collected by him he shall enter to the credit of his proper county in proper books to be by him kept for that purpose. § 3. Be it further enacted, That it shall be the duty of the clerks of the several courts of common pleas in Duty of elks, their respective counties to keep fair books wherein shall in respect to be kept the accounts of the county attest all orders issued county funds by the court for they payment of money and enter the o^^^rs, &c. same in numerical order in a book to be kept for that purpose and copy into their said books the report of the treasurer of the receipts and disbursements of their re- spective counties and whenever the duplicate shall be put into the hands of the sheriff for the collection of county levies it shall be their duty to send a statement of the sum wherewith he stands charged to the county treas- urer, all which orders when so as above said issued by the court shall bear interest from their several dates until County ord- the time of pa\Tnent which interest shall be calculated up ers intitled and paid by the county treasurer at the same time he to interest, may pay off the said order. § 4. Be it further enacted, That the judg- ( 80 ) es of the several courts of Common Pleas or any two of them in their respective counties which now are or here- after may be established in this territory are hereby au- thorised and required to appoint for the same a respect- able citizen for treasurer who shall give bond with surities to the satisfaction of the judges of the said court con- ditioned for the faithful execution of the duties of his office, and to account for all monies which may come into his hands in pursuance thereof, and that he will deliver to his successor in office all books of entry, papers, docu- ments and other things which he may have or hold in right thereof and pay him the balance of all monies due to the county, provided that nothing in this act contained shall authorise the said judges to appoint any judge of a court of justice, or clerk of such courts, sheriff or coro- ner to be a treasurer in their respective counties. Common P. to appoint county trea- surer. His duty. Persons not elligible. 276 INDIANA HISTORICAL COLLECTIONS Further du- ties of trea- surer. § 5. Be it further enacted, That it shall be the duty of the treasurer to receive all monies due and accruing to the county by or in consequence of this act or the law to which this is an amendment to pay and disburse the same on orders drawn by the judges of the court of Com- mon Pleas of the proper county, attested by the clerk and not otherwise, the said treasurer shall keep a /ust and true account of all monies received and disbursed and hold and keep the same at all times ready for the inspec- tion of the said judges and shall once in four months fur- nish the said judges with a statemen thereof balanced to the day shewing all the monies received and disbursed during the Duty of she- riff in respect to county le- vies. ( 81 ) said term and the balance remaining in his hands to- gether with the arrearages of taxes in the hands of the collector and shall moreover once in every year settle his accounts with the said judges and produce his vouchers which being allowed shall be cancelled by them and re- tained on file in the clerk's office. § 6. Be it further enacted, That the sheriff of the sev- eral counties of this territory after having received the corrected duplicate as directed by the act to which this is an amendment shall within six months after having received the same pay into the hands of their respective county treasurers the whole amount of the taxes charged and assessed in such duplicate without further delay ex- cept such sums as the judges of the court of Common Pleas of the proper county may in their discretion exon- erate them from on pain of being answerable for and charged with the whole balance remaining unpaid, and all the estate real and personal of such delinquent col- lector or sheriff shall be bound for the security of the pay- ment of such balance at and from the expiration of the said six months a transcript of which balance shall be then entered by the treasurer with the clerk of the general or circuit courts of the proper county whose duty TERRITORIAL LAWS, 1811 277 it shall be to file the same and which shall then operate to all intents and purposes as if judgment were then en- tered against him or them for such balance in a court of record, provided however, it shall be the duty of the treas- urer to give such delinquent ten days previous notice of such intended procedure. ( 82 ) § 7. Be it further enacted, That if any of the said judges shall neglect or refuse to do the duties assigned him or them by this act or the act to which this is an amendment, he or they so offending shall on conviction thereof before the general or circuit court of the proper county be fined for every such offence in a sum not less than one hundred dollars nor more than two hundred dol- lars to be recovered by action of debt one half to the party prosecuting the same and the other half for the use of the proper county, and if any treasurer appointed by virtue of this act shall neglect to do and perform the duties herein assigned to him shall on conviction before the general or circuit court, be fined in a sum not less than two hundred dollars nor more than three hundred dollars, to be recovered and applied in manner last afore- said. § 8. And be it further enacted, That all and every per- son or persons in this territory, who shall erect or keep a billiard table within the same, shall annually on the first day of March or within one week after erected such billiard table, enter the same with the sheriff of the re- spective and proper county, and it shall be the duty of such sheriff at the same time and in the same manner as is pointed out by law for the collection of the county revenue to receive and collect from each and every per- son having entered such billiard table, the annual sum of thirty dollars, and which shall be accounted for and paid over by the said collector as other county taxes, are by law accounted for and paid over. Penalty on judges for failure of du- ty. On treasurer Billiard table to be enter- ed with sher- iff. Duty of sheriff here- 278 INDIANA HISTORICAL COLLECTIONS § 9. Be it further enacted by the authority of the same, That all single men above ( 83 ) Poll tax. the age of twenty-one years who have no taxable prop- erty shall be subject to a poll tax of fifty cents for county purposes. Lands to be § 1^. Be it further enacted, That in lieu of the tax taxed for heretofore collected on neat cattle and mansion houses county pur- in the Country, the courts of Common Pleas in each vo^^ county respectively shall at the same time at which they levy the tax upon other objects of taxation levy a tax on the located lands not exceeding one half of the amount that shall be laid by the territorial auditor, according to How collect- the rate for territorial purposes, which shall be collected ed. by the sheriffs respectively at the same time and under the same regulations, conditions and provisions which are or may be provided by law for the collection of the territorial taxes and the sheriffs respectively shall ac- count for the same in the same manner and at the same time that he is by law to account for the county dues. § 11. And he it further enacted, That the sheriffs for Fees for col- the collection of county levies shall be entitled to receive lecting taxes gix per cent on the amount of tax by him recovered and paid to the county treasurer and no more. § 12. And he it further enacted, That all laws coming within the purview of this act shall be and the same are hereby repealed. GENl. W. JOHNSTON, Speaker of the House of Rep7-cscntatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. TERRITORIAL LAWS, 1811 279 ( 84 ) CHAPTER XXXVIIL JOINT RESOLUTIONS respecting the Auditor and Printer. RESOLVED by the Legislative Council and Hotise of Representatives, That the territorial auditor be author- ised and he is hereby directed to audit to Elihu Stout the sum of eighteen dollars for printing twelve quires of blank warrants for the use of the said auditors office ; that he likewise audit to John Badollett the sum of ten dollars and fifty-three and three fourth cents for having furnished the present auditor with a list of lands entered in the district of Vincennes in the year eighteen hundred and eight & ten; also to Samuel Gwathmey, register of the land office for the district of Jeffersonville for a list of lands entered in his office for the year eighteen hun- dred and ten the sum of five dollars. Resolved further, That the said auditor be and he is hereby authorised to procure whatever quantity of blank warrants he may deem necessary for the use of his of- fice, the expences whereof shall be drawn for by the said auditor as in other cases, and payable at the territorial treasury. And resolved further, That the said auditor be and he is hereby directed to inspect the printing and stitching of the laws passed at the present session, and when the same may be completed by the printer, and then to audit to the said printer the sum of one dollar and twenty-five cents per page for printing, and eight dollars per hun- dred copies for stitching, which warrant or warrants shall be ( 85 ) payable at the treasury as in other cases, for which trouble on the part of the auditor he shall be entitled 280 INDIANA HISTORICAL COLLECTIONS to and receive from the treasury upon his own warrant or warrants the sum of forty-five dollars. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. Troops of horse may be formed into squadrons. And a major appointed. Quaker ex- emption re- pealed. CHAPTER XXXIX. AN ACT to atnend an act establishing and regulating the Militia, and in aid of an act suppleviental to an act establishing and regulating tfie Militia. § 1. BE it enacted by the Legislative Council and House of Represe7itatives, and it is hereby enacted by the authority of the same, That when in the opinion of the commander in chief the troops of horse which now are raised or may hereafter be raised and organized within this territory the good of the service requires that they shall be formed into a squadron or otherwise, he may and he is hereby authorised to form the said troops of horse into a squadron and appoint to command the same, a major, or such other officer or officers as may be neces- sary for the complete organization of the said troops or squadron of horse, which major or other ( 86 ) officer so appointed to command the said squadron of horse, shall when on actual service, draw the same pay and be entitled to the same emoluments as officers of the same grade or rank, is now, or shall hereafter be enti- tled to receive. § 2. Be it further enacted, That the thirteenth section of a law "entitled an act supplemental to an act entitled an act establishing and regulating the militia," be, and the same is hereby repealed. TERRITORIAL LAWS, 1811 281 § 3. Be it further enacted, That it shall and may be lawful hereafter for any person or persons who are con- scientiously scrupulous of bearing arms, in lieu of militia duty or services in times of peace, to pay to the person appointed to collect the territorial taxes in each county the sum of five dollars each year, taking the said col- lectors receipt therefor, which receipt shall exonerate and exempt the holder thereof from militia service for that year and no longer, and that on payment of a like sum in like manner annually, the said person or persons pay- ing the same shall be and hereby exempted from militia duty, and it shall be the duty of the said collector or collectors to pay over the same to the territorial treasurer at the times appointed by law for paying over other ter- ritorial dues, under the same penalties. § 4. Be it further enacted, That the captains or other officers on enrolling the different persons subject to do militia duty within their several bounds, shall omit en- rolling all and every person who produces to him the col- lectors receipt as aforesaid, & shall consider him or them as exempt from militia duty Persons may exempt them selves from militia duty by paying a certain fine. How collect- ed and appro- priated. Duty of cap- tains herein. ( 87 ) for the year for which the said tax shall have been so paid and no longer, and it shall be the duty of all and every person claiming exemption by virtue of his said receipt, or by virtue of his having paid the said tax, to make the same known to the captain or other officer within whose bounds he or they may be or reside on the first day of April next, and on or before the first day of April annually thereafter, otherwise he or they shall be subject to enrollment and duty as all other persons are or may hereafter be, and it shall be the duty of the cap- tain or other officer within whose bounds any person or persons as aforesaid shall claim exemption by virtue of the payment of the tax as aforesaid to transmit to the territorial auditor a list of all persons who may have so paid the said tax which list certified by the said officer 282 INDIANA HISTORICAL COLLECTIONS How officer- ed. Captains to appoint and dismiss non- commission- ed officers at pleasure. shall be a sufficient voucher to charge the several col- lectors therewith. § 5. Be it further enacted, That to each regiment there shall be two majors, one lieutenant colonel and one colonel commandant. § 6. Be it further enacted, That the warrant of a cap- tain shall be sufficient authority for any non-commis- sioned officer to act, all non-commissioned officers to serve only during the will and pleasure of their captain. — This law to be in force from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 19th December, 1811. WILLIAM HENRY HARRISON. Terms of C. P. courts, Dearborn, Franklin & Wayne. ( 88 ) CHAPTER XL. AN ACT fixing the tivies of holding the courts urithin certain coun- ties in this Territory and for other purposes. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That the judges of the courts of common Pleas of the several counties within this terri- tory shall hereafter hold but three sessions or terms in each of the counties annually and no more, and that the courts commonally called county courts and the terms or times of holding the same are hereby abolished and done away. § 2. Be it further enacted by the authority aforesaid, That the judges of the courts of Common Pleas of the several counties hereafter named shall hold their said three sessions annually as follows, to wit: for the county of Dearborn on the first Mondays in April, August and December ; for the county of Franklin on the second Mon- days in April, August & December; for the county of TERRITORIAL LAWS, 1811 283 Wayne on the third Mondays in April, August and De- cember. § 3. And be it further enacted by the authority afore- said, That if it should so happen in any of the counties C.P.may in this territory that the time allowed by law for the prolong their terms of the said courts, to wit: six days for each term sessions be- should prove too short so that the business to be done ^°" ^^^* thereat cannot be compleated or transacted for want of time, it shall and may be lawful for the judges of the said court or courts or a majority of them to ad- ( 89 ) journ the same to the Monday of the following week then to set three days and no more; provided however that there shall be no jury trials had or held before the said courts or any of them on either or any of the said days they may so sit by adjournment. § 4. And be it further enacted, That the judges of the general court or judges of oyer and terminer, nisi prius Times of and general jail delivery shall and may hold circuit courts holding cir- under the same regulations as heretofore pointed out by cuit courts, law in the following counties, at the following periods, to wit : for the county of Harrison on the last Monday in September; for the county of Clark on the first Mon- day in October ; for the county of Jefferson on the second Monday in October; for the county of Dearborn on the third Monday in October; for the county of Franklin on the fourth Monday in October, and for the county of Wayne on the first Monday in November, annually. § 5. And be it further enacted by the authority afore- said, That all suits now pending in any of the aforesaid suits conti- courts and all process made returnable to any time or nuedover. times heretofore pointed out by law for the session or term of the said courts or any of them shall be continued over and are hereby continued over and made returnable to the periods and times herein express as fully and com- pletely as if the said process or suits had been originally made returnable or proceedings had been originally con- tinued to the said terms or periods herein expressed. 284 INDIANA HISTORICAL COLLECTIONS § 6. Be it further enacted, That the business hereto- fore transacted by the judges of M ( 90 ) the courts of Common Pleas at their term or courts here- tofore called county courts shall hereafter be done trans- acted and performed by them at the courts or terms herein pointed out and at no other period. § 7. And he it further enacted, That all laws and parts of laws coming within the purview of this law shall be and they are hereby repealed, this law to take effect and be in force from and after the passage thereof. GENl. W. JOHNSTON, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 19th December, 1811. WILLIAM HENRY HARRISON. Award to be in writing. Copies to be delivered to parties with- in 15 days, CHAPTER XLI. AN ACT, to amend an act, entitled an act, authorising and regu- lating arbitrations. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the award or final determina- tion of the umpire or arbitrators made agreeable to the act to which this is an amendment shall be drawn up in writing and shall be signed by him or them, or so many of them as agree thereto; and a true copy of the said award or umpirage, shall within fifteen days thereafter be delivered by the umpire or arbitrators to each of the parties or left at his, her or their usual place of abode, and if either of the parties shall refuse or neglect to obey the said award or umpirage the TERRITORIAL LAWS, 1811 285 ( 91 ) other party may return the same together with the sub- mission or arbitration bond to the court named in the submission, or if no court be named in the submission, then to the court of Common Pleas or to the General court, and the submission and award or umpirage so re- turned shall be entered on record and filed by the clerk and a rule thereupon made, that the person against whom the award or umpirage is to operate to shew cause at that or the next succeeding court why the said award or umpirage should not be made the judgment of the court, and if the party should fail to appear having had ten days previous notice, or appearing should not shew in the opinion of the court sufficient cause, the court shall then proceed to enter judgment thereon, which judgment shall have the same force, effect and operation as judg- ment in other cases — Provided always, that before any rule of court is made thereon, the party moving for such rule, shall produce to the court satisfactory proof of the due execution of the submission or arbitration bond, also that the party refusing or neglecting to obey the award or umpirage hath been furnished with a true copy thereof as aforesaid, and proved further that the party shewing cause why the award or umpirage should not be made the judgment of the court shall be at liberty to produce before the court any evidence he can to shew that the said award or umpirage was obtained either by mistake in matter of law or fact, or that the same was obtained by corrupt or other undue means, and in either case the said award Submission and award to be entered of record. Rule of court thereupon. Requisites to before confir mation of rule. Causes for setting aside an award. ( 92 ) or umpirage shall be annulled and entirely set aside at the costs of the party presenting the same. § 2. And be it further enacted by the authority afore- said, That in all cases when an award or umpirage shall be presented to any court of record within this territory for a judgment to be entered thereon, whether the refer- 286 INDIANA HISTORICAL COLLECTIONS ence shall have been made by rule of court or otherwise, it shall be the duty of the court to which the same shall be presented as aforesaid to hear any evidence either party may offer either to invalidate or support the same and to set aside or enter judgment on the said award or umpirage as to said court it shall seem just. § 3. And be it further enacted, That the fourth sec- tion of the act to which this is an amendment shall be and the same is hereby repealed. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XLII. AN ACT supplemental to the law levying a land tax. BE it enacted by the Legislative Council and House of Representatives, and it is here- ( 93 ) by enacted by the authority of the same, That it shall Manner of be the duty of the several listers of lands in the several rating land. counties within this territory in making out their said lists or rates to rate the said lands as follows, to wit: where two thirds of any tract of land listed or rated by them or any of them shall be first rate land, the whole tract shall be deemed as first rate and listed or rated accordingly, and where two thirds of any tract of land listed or rated by the said listers shall be second rate land the whole tract shall be rated or listed as second rate land, and where two thirds of any tract of land rated or listed by them shall be third rate land, the whole TERRITORIAL LAWS, 1811 287 of the said tract of land shall be deemed as third rate land and rated accordingly. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XLIIL A JOINT RESOLUTION making certain specific appropriations, BE it resolved by the Ligislative Council and House of Representatives, That Jones and Dubois be and they are hereby allowed ( 94 ) the sum of three dollars for paper furnished the present legislature. Be it further resolved, That there be and there is hereby allowed to Benjamin Adams for fire wood fur- nished at the same the sum of two dollars thirty seven and a half cents. GENl. W. JOHNSTON. Speaker of the Hov^e of Representatives. JAs. BEGGS, President of the Legislative Council, Approved — 19th December, 1811. WILLIAM HENRY HARRISON. CHAPTER XLIV. A JOINT RESOLUTION for the distribution of the Laws. RESOLVED by the Legislative Council and House of 288 INDIANA HISTORICAL COLLECTIONS Representatives, That so soon as the laws of the present session may be completed by the printer, it shall be and it is hereby made the duty of the territorial auditor to receive the same, forty copies whereof he shall forward to each of the several counties within the said territory, and the remainder of the said laws he shall deposit in the territorial secretary's office, the expences of the said transportation of the said ( 95 ) laws shall be paid out of the territorial treasury on the warrant of the said auditor. GENl. W. JOHNSTON. Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved— 19th Dec. 1811. WILLIAM HENRY HARRISON. CHAPTER XLV. AN ACT supplemental to the act in amendment of the act entitled an. act regulating' county levies. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the author- Feesof ity of the same, That the several county treasurers ap- countytrea- pointed by the act to which this is a supplement, shall respectively receive the sum of five per cent on all monies by them respectively paid as such treasurer or treasurers. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislalive Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. surers. TERRITORIAL LAWS, 1811 289 ( 96 ) CHAPTER XLVI. A JOINT RESOLUTION allowing compensation to Gen. John Gibson, for certain extra services. RESOLVED by the Legislative Council and House of Representatives, That the territorial auditor be and he is hereby directed to audit to John Gibson the sum of forty dollars, payable at the treasury as in other cases, for his trouble in attending at the secretarys office and distributing to the members of the Legislature and other officers, different laws at different times. GENl. W. JOHNSTON, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. Approved — 19th December, 1811. WILLIAM HENRY HARRISON. 20—49011 TERRITORIAL LAWS, 1811 291 TABLE OF CONTENTS. Page. An act Dissolving the Marriage of Jane Richardson, with her husband Jacob Richardson, 3 An act to dissolve the marriage of Elizabeth Richardson with Isaac Richardson her Husband, 4 An authorising the Auditor of Public Accounts to audit inter- est in certain cases, 6 An act providing for the auditing of claims against the Indiana Territory, and for other purposes, 7 An act for Recording Town Platts, 8 An act to amend an act for the removal of the Seat of Justice of Clark County, 10 An act for fixing the permanent seat of justice in and for the County of Franklin, 11 An act fixing the Salaries of certain officers. 13 An act Supplementary to an act entitled an act, for the forma- tion of two new Counties out of the Counties of Dearborn and Clark, ibid. An act for the relief of the securities of John M'Candless, late Sheriff of Knox county, and Spier Spencer, late SheriflF of Harrison county, deceased, 14 An act in amendment and aid of the law, entitled an act regu- lating prison and prison and prison bounds, 15 An act to amend an act entitled an act to encourage the killing of Wolves, 16 An act to dissolve the marriage of Marian Bornand with Henry S. Bordnand, her husband, 17 An act for the relief of Daniel Sullivan, late Assessor for the County of Knox, 18 An act for the relief of Parmenas Beckes, later Sheriff of Knox county, 19 An act regulating the General Elections of the Indiana Terri- tory, 20 An act to dissolve the Marriage of Benjamin V. Beckes, and Sally his Wife, 33 292 INDIANA HISTORICAL COLLECTIONS An act regulating the proceeding in indictments. 84 N ( ii ) Page. An act for the relief of James Hamilton, Sheriff of Dearborn county, 35 An act respecting the General Fund, 37 An act repealing the benefits of the act concerning Executions in certain cases, 38 An act authorising the Courts of Common Pleas to issue Writes of Habias Corpus and Certiorari in certain cases, 38 An act for the relief of Willis W. Goodwin, late Sheriff of Clark county, 41 An act for the relief of Daniel Sullivan, late collector of the county of Knox, 42 An act supplementary to the act entitled, an act regulating the General Elections of the Indiana Territory, 43 An act authorising the court of common pleas of Dearborn county to allow the sheriff thereof compensation for certain services, 44 An act for regulating the appointment of officers and for other purposes, 45 An act in aid and amendment of the act allowing foreign at- tachments and the act prescribing the mode of preceding against absconding Debtors, 46 An act in amendment and aid of the law entitled "an act for opening and regulating Public Roads and Highways, 47 An act allowing compensation to the members of the Legis- lative Council and House of Representatives of the Indiana Territory, and to the officers of both houses at the present session, 48 A joint resolution respecting a certain audited warrant, 49 An act allowing compensation to the legal Representatives of John M'Candliss, Esquire deceased, late sheriff of Knox county for certain services, 50 An act supplementary to an act entitled an act to establish- ing Ferries, 51 An act making appropriations for the ensuing year, 52 An act to amend the act entitled an act for laying and collect- ing a Tax on Land and for other purposes, and repealing part of the said act, 54 An act to amend the act entitled an act establishing courts for the trial of small causes, 66 TERRITORIAL LAWS, 1811 293 An act in amendment of the act entitled a law to regulate County Levies, 77 Joint resolutions respecting the Auditor and Printer, 84 An act to amend an act establishing and regulating the Militia, and in aid of an act supplemental to an act establishing and regulating the Militia, 85 ( iii ) Page. An act fixing the times of holding the courts within certain counties in this Territory and for other purposes, 88 An act, to amend an act, entitled an act, authorising and regu- lating arbitrations. 90 An act supplemental to the law levying a land tax. 92 A joint resolution making certain specific appropriations, 93 A joint resolution for the distribution of the Laws, 94 An act supplement to the act in amendment of the act entitled an act regulating county levies. 95 A joint resolution allowing compensation to Gen. John Gibson, for certain extra services. 96 ERRATA. In the 54th page in the 5th line from the bottom, the word "or" is omitted, it should read "thereafter, or, at any special term, &c." instead of "thereafter at any spe- cial term." ACTS OF ASSEMBLY OF THE INDIANA TERRITORY, PASSED AT THE FIRST SESSION OF THE FOURTH GENERAL ASSEMBLY OF THE SAID TERRITORY, Begun and held at the Borough of Vincennes^ on Monday the first day of February^ A. D. one thousand eight hun- dred and thirteen. -^M : * : * :^^ printed by authority, •^m: * : * :^»- VINCENNES: PRINTED BY ELIHU STOUT, PRINTER TO THE TERRITORY, ^^ : * : M^ 1813. TERRITORIAL LAWS, 1813 297 ACTS OF THE INDIANA TERRITORY, PASSED AT THE FIRST SESSION OF THE FOURTH GENERAL ASSEMBLY. Proviso. CHAPTER L AN ACT to revive and amend an act entitled an act to Incorporate the Vincennes Library Company. WHEREAS it hath been represented that the Charter of the Vincennes Library hath been forfeited, and that a revival of the same would promote the objects of the Institution, and be the means of disseminating useful knowledge — therefore BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the act entitled "An act to Incorporate the Vincennes Library Company," approved, September revived seventeenth, one thousand eight hundred and seven, be, and the same is hereby revived, and that the operation, „ Jrroc66clin£rs validity and effect, of the said act, in regard to all rules, ^^ sharehol- and the privileges, immunities, authority and powers, ders, &c, de- regulations, bye-laws, acts and proceedings of the share dared valid, holders in the said Library Company, at the annual, stated, adjourned or special 298 INDIANA HISTORICAL COLLECTIONS ( 4 ) meetings of the same, or of the president and directors of the said Library Company, shall be as full, ample, complete and valid as though the said act or charter had not been forfeited; hereby ratifying and confinn- ing the electing, by the said share holders of five direc- tors, instead of seven, as was provided by the said act or charter, and that in future five directors for the said Library only shall be elected. JAMES SCOTT, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — Feby. 15th, 1813. JOHN GIBSON. Courts tx) lay off precincts or divisions. CHAPTER II. AN ACT for improving the Navigation of White Water. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That it shall be the duty of the courts of Common Pleas of the several counties in this territory, through which so much of White Water, as is by this act declared navigable, may run, at the first term of said courts to be held in said counties after the first day of May next, to lay off said river into Precincts or Divisions; which pre- Ap point ov- erseers, as- sign hands, &c. ( 5 ) cincts or divisions so laid off, shall be considered as per- manent until altered or changed by any of said courts, in their respective counties ; and it shall also be the duty of the said courts respectively, at the time they shall lay off said river into precincts or divisions, to appoint a sur- veyor or overseer to each precinct or division, and allot TERRITORIAL LAWS, 1813 299 to each a sufficient number of hands of said county who are compelled to work on roads by law, to remove all obstructions in said river, and to keep the same open for navigation. § 2. Be it further enacted, That it shall be the duty of the Clerks of the respective courts within twenty days Clerks to after the appointments of surveyors or overseers as by make out & this act directed, to make out and deliver to their respec- deliver ord- GTS to snGriffs tive sheriffs copies of the several orders appointing sur- veyors or overseers, specifying therein the bounds of the precincts or divisions to which each one is appointed and the hands to each precinct or division allotted; and it shall be the duty of the respective sheriffs within twenty Sheriffs to days after the receipt of said copies to notify each person notify over- so appointed as surveyor or overseer of his said appoint- seers of their ment either by delivering to him a copy of the said order ^pp°^" "^^" or by leaving the same with some person at his usual place of residence ; and the several persons so appointed as sur- veyors or overseers when they shall be notified thereof, shall call on the hands to each of them allotted, and with ^'^^y o^ °^- said hands shall as often as shall be found necessary not ^^2^®^^- exceeding two days in each year proceed and clear out all obstructions to the navigation of said stream, to be re- moved and cut all tim- ( 6 ) ber projecting over said stream, that may be necessary, to cut all shrubs of all points and islands, remove all fish-dams or logs, rocks and shoals that may be neces- sary: Provided however nothing herein contained shall Proviso, be so construed as to effect any fish-dam or dams, mill or mills which may be before the passage of this act erected on said stream: Provided, That if their dams should in certain be so high at the present, or raised so high hereafter as J^^^^ owners to effect the navigation at the time of high water, the keep in re- owner or owners shall erect and keep in complete order pair slopes & P. (6), 1. 5. In the enrolled act the word "fish" appears between locks, the words "or" and "dams." — Ed. 300 INDIANA HISTORICAL COLLECTIONS Penalty in case of ne- glect. Persons buil- ding mills to be governed by this act. Courts may change the bounds. Ooverseers hold their ap pointment for one year. slopes and locks sufficient for boats to pass commonly called flat bottom boats, under the penalty of fifteen dol- lars for every month he, she or they shall neglect, to be recovered by action of debt, in any court of record in this territory having competent jurisdiction thereof, by any person that will sue for the same, one half to the infor- mer, and the other for the use of the county: Provided also, That any person hereafter building any mill and erecting a dam across said stream, having obtained leave according to the laws of the territory, shall be governed by the foregoing provisions. § 3. Be it further enacted, That the several courts aforesaid shall have full power when at any time it shall seem to them expedient to alter or change the bounds of the several precincts or divisions in their respective coun- ties, and to re-allot the hands thereto ; and any surveyor or overseer appointed in pursuance of this act shall hold his appointment for one year, and in case of removal out of the bounds of his precinct, or death, the respective courts shall forthwith ( 7 ) Vacancies appoint some other fit person to fill said vacancy who how filled. shall be notified thereof as is above directed. § 4. Be it further enacted, That the said river shall What part be considered and is hereby declared navigable from the declared na- three forks of White water and down the West fork to vigable. j^s junction with the East fork, and thence the main river to the meredian line dividing the state of Ohio and this Penalty for territory, and any person or persons who shall in any obstructing manner obstruct, or shall fall or place any tree or trees in or across said river within the bounds by this act de- clared navigable, unless authorised by this act in manner aforesaid, shall for every such offence forfeit and pay the How recov- sum of five dollars to be recovered before any Justice of ered&how the Peace in the county where such offence shall have applied. h^en committed, one half thereof shall go to the use of penalties &c. TERRITORIAL LAWS, 1813 301 the informer, and the other half shall be paid to the sur- veyor or overseer of that part of the river where said offence shall have been committed, to be by him applied to the further improvement of the navigation of said river, and such obstruction shall be removed by the sur- veyor or overseer. § 5. And be it further enacted, That the said survey- Overseers & ors or overseers and the hands allotted to each precinct hands sub- or division shall be subject to the same laws and penalties itlouiTc Ir. for failures in their several duties enjoined on them by this act, that are in force against surveyor, surpervisors or overseers and hands that fail to comply with their re- spective duties in working on public roads. This act ( 8 ) to be in force from and after the first day of May next. JAMES SCOTT, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — February 16, 1813. JOHN GIBSON. CHAPTER III. AN ACT to amend the act entitled "An act to License and Regu- late Taverns." § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the Clerks of the Superior Clerks to lay and Inferior courts of the several counties thro'-out this before the territory, shall at the next and every court holden in each county to which grand jurors shall be summoned after J^Jp^ the promulgation of this act, so soon as the grand jurors are empannelled sworn and charged, lay before them a list of the tavern keepers thro'-out the county, express- courts a list of tavern )ers. 302 INDIANA HISTORICAL COLLECTIONS ing the date of their licenses and the time of their expira- tion, for which purpose the clerks of the Inferior courts, shall prior to the meeting of the General court, at each and every term, furnish the clerk of the Superior court with the list of the tavern keepers, as herein above directed. Clerks in va- cation may grant permit until succee- ding term. Court may grant license for one year what price & how applied. Clerks fee. Taverns may be suppress- ed and how. Persons may sell certain things and how. ( 9 ) § 2. Be it further enacted, That it shall be lawful for the several clerks of the court of Common Pleas through- out the territory, upon application in vacation of the court, to grant a permit to any person to keep a tavern until the next court of Common Pleas to be held in and for said county, at which teim the court shall have power to grant to the person a license for one year, commenc- ing from the date of the peiTnit, and ask and demand from the person a sum not exceeding twelve dollars, to be applied in the same manner as is specified in the 4th section of the act to which this is an amendment. The clerk at the time of granting the permit, shall receive of the person applying, one dollar; and shall take bond and security in the same manner as directed heretofore by law. § 3. Be it further enacted, That the superior and in- ferior courts throughout this territory shall have con- current jurisdiction with Justices of the Peace to punish or fine any tavern keeper or person, or suppress any tavern for the violation of the act or the provisions therein contained to which this is an amendment, upon being found guilty on an indictment. § 4. And be it further enxxcted, That any person or persons shall hereafter be peiTnitted to sell beer, ale or cider in quantity as small as one quart, any thing in the law to which this is an amendment notwithstanding. — B TERRITORIAL LAWS, 1813 303 ( 10 ) This act to take effect from and after the first day of May- next. JAMES SCOTT, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — February 17, 1813. JOHN GIBSON. CHAPTER IV. AN ACT providing a mean to help and speed poor persons in their suits. WHEREAS it is intended that impartial justice shall be administered to all citizens as well to the poor as to Proviso, the rich — which poor citizens have not ability to sue ac- cording to the laws of the land, for redress of wrongs and injuries daily done to them, as well concerning their persons and their inheritance, as other causes; for remedy whereof, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That every poor person who shall Poo^^ persons have cause of action against any person within this ter- p^^^s- °^ ^^ ritory, or who shall be defendant in any suit, shall have ^^^^ certain by discretion of the court before whom he or she would ^^its free of sue, writs original and writs of subpoena according to costs, the nature of his or her cause, nothing paying ( 11 ) for the same ; and the said court shall direct the clerk to issue the necessary process, shall assign to him or her council learned in the law, and appoint all other officers Court assi^ requisite and necessary to be had for the speed of the counsel, &c. said suit, who shall do their duties, without any reward for their counsels, help and business in the same. 304 INDIANA HISTORICAL COLLECTIONS Judges in va cation may order process assign coun- sel, &c. Poor persons how to pro- ceed, &c. § 2. Be it further enacted, That any judge of the General court or court of Common Pleas in this terri- tory, shall have the same powers in vacation to order the Clerks of their courts to issue writs original and writs of subpoena for any poor person, according to the nature of the cause, and to assign council and to appoint all other officers requisite and necessary to be had for the speed of the suit. § 3. And he it further enacted, That on any poor per- son applying to the said Judge or Judges, for any writ or writs, or other process as aforesaid, it shall be the duty of the said poor person, previous to making such applica- tion, to go before some Justice of the Peace, and make oath that he, she or they, as the case may be, are not worth in property, clear of all debts, ten dollars, and that they consider themselves unable either by industry or otherwise, to procure a sufficiency of money to carry on or defend said suit or suits, (mentioning the suit or ac- tion) and that injustice, as he, she or they believe, is likely to be done them for want of money or property sufficient to carry on the said suit or action ; which oath shall be attested by the justice administering the same, and Proviso. Persons tak- ing false oath how pu- nished. ( 12 ) shall be lodged with the judge to whom the application is made: Provided, That any defendant gaining any suit or action brought against them by such poor person, shall not be held responsible for or bound to pay any costs that may have accrued in defending such suit or action: Provided also, Tiiat if any poor person or per- sons should obtain a judgment, he, she or they shall re- cover full costs, and that the officers concerned shall recive their fees accordingly. § 4. Be it further enacted. That each and every per- son who shall take a false oath under the third section of this law, upon conviction thereof, by indictment, shall TERRITORIAL LAWS, 1813 305 suffer the pains and penalties of perjury. This act shall take effect from the passage hereof. JAMES SCOTT, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — February 24, 1813. JOHN GIBSON. CHAPTER V. AN ACT to amend an act entitled "An act providing for the appointment of Constables." § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That hereafter no person shall be ap- ( 13 ) pointed to the office of Constable, in any county or town- Constables ship within this territory who does not possess a freehold "^^^^ persons estate to the value of three hundred dollars, unless such "^^y^^ Ep- person shall execute and deliver a bond with at least one j^^^ sufficient freeholder as his security, payable to the Clerk of the court of Common Pleas 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, which bond shall be held for the benefit of the suitors in the courts of the justices of the peace. And the freehold estate or estates of such Con- stable or his securities, as the case may be, shall be bound and held liable to satisfy any judgment or judgments which may be had or obtained against such Constable, for any neglect or misfeasance in his said office, whether 21—49011 306 INDIANA HISTORICAL COLLECTIONS such judgment be obtained during his continuance in office or afterwards. JAMES SCOTT, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — February 25, 1813. JOHN GIBSON. CHAPTER VI. AN ACT directing the mode of changing the Venue. § 1. BE it enacted by the Legislative Causes for which par- ties may re- move suits. Party to pe- tition & how How judge to proceed. ( 14 ) Council and House of Representatives, and it is hereby enacted by the authority of the same, That all suits or actions now pending or hereafter to be instituted, in the courts of Common Pleas of this territory, where either of the parties in the suit shall fear that he, she or they will not receive a fair trial in the court where it is pend- ing, owing to the interest or prejudice of the judge or judges of the court where the suit is pending; or that the sheriff or coroner is interested or prejudiced; or that the adversary of the person applying has an undue in- fluence over the minds of the citizens of the county where the suit is depending; or that the person applying is so unfortunate that he does not expect a fair trial; or that his defence is odious, though legal ; it shall be lawful for the said party to petition a judge of the court aforesaid where the cause or action may be pending, for a change of venue for the said cause, distinctly setting forth the cause of fear that he will not receive a fair trial, and supported by his or her affidavit, on which the judge shall, under his hand, award a change of venue, and order the Clerk of the court where the suit is depending to send TERRITORIAL LAWS, 1813 307 forward the papers in the suit by some fit person whom Clerk to for- the Clerk shall employ, to such coui-t having jurisdiction ward papers in similar cases as the said judge may direct: and the ^^^"O'*'''- Clerk of such court shall receive them, and give a receipt for them, and docket the suit in order; and the court Court, autho shall have full power and jurisdiction to award sub- rityof, poenas for witnesses, to enforce their attendance, to grant commissions for taking depositions, to ( 15 ) hear and determine the said controversy, to award execu- tion, and to do every thing relative thereto which the court, from whence the cause was removed, might or could have done. § 2. Be it further enacted, That any person convicted of taking a false oath, when swearing to the truth of the allegations contained in his petition shall be adjudged guilty of perjury, and suffer accordingly : Provided, That no judge, sheriff or coroner, charged as aforesaid, or adversary in the cause shall be admitted as a witness against the petitioner. § 3. Be it further enacted. That the expence attend- ing the removal of such suit shall be paid by the peti- tioner, and taxed in the bill of cost, at the determination of the suit, should he succeed. The person who conveys the papers shall have ten cents for every mile he may necessarily travel in going to and returning from the Clerk's office, which shall be paid to the Clerk before the papers leave the office. § 4. Be it further enacted, That the Clerk shall be answerable for the fidelity of the person he employs to transport the papers from his office, but not for accidents not arising from neglect. § 5. Be it further enacted, The venue in no case shall be changed unless the petitioner deposits the order of the judge for removing it, together with the petition and affidavit aforesaid, which shall be carefully preserved by the Clerk, and the necessary expences attending the re- Party taking false oath how punish- ed, &c. Expense of removal by whom paid and how. Clerk an- swerable for papers, how, &c. Order for re- moval & affi- davit deposi- ted with the clerk, and when. 308 INDIANA HISTORICAL COLLECTIONS moval, with the Clerk having custody of the papers, at least thirty days Venue may be changed, &c. ( 16 ) before the court to which the suit shall be set for trial § 6. And be it further enacted, That the venue may be changed from the General court to any of the Circuits, or from one Circuit to another, or from the Circuit to the General court in the same manner and under the same regulations as is above provided for the change of venue from one court of Common Pleas to another. JAMES SCOTT, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 1, 1813. JOHN GIBSON. Certain laws repealed. CHAPTER Vn. AN ACT repealing all laws or parts of laws making it necessary to obtain a License for vending any article o-r articles the prod- uct or manufacture of the United States or Territories thereof. BE it enacted by the Legislative Council and House of Representatives, of the Indiana Territory, and it is hereby enacted by the authority of the same. That all laws or parts of laws making it necessary to obtain a license for the vending of any article or articles, the product or manufacture of any of the adjoining states or territories, are hereby repealed; and so ( 17 ) much of the law as makes it necessary to obtain a license for retailing cotton, iron or castings be, and the same is TERRITORIAL LAWS, 1813 809 hereby repealed. This act to take effect from and after the first day of April next. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 1, 1813. JOHN GIBSON. CHAPTER VIII. AN ACT to reduce into one the several acts establishing a perma- nent Revenue. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the lists of taxable prop- Courts of C. erty in this territory shall hereafter be taken and ascer- P- appoint tained in the form and manner following, viz. That the Persons to court of Common Pleas of every county shall at their ^ ^^ ^^ ° first court after the first day of April next, and at the perty, first court of Common Pleas after the first day of Janu- ary thereafter, appoint some fit person in the bounds of each township to receive and take in all lists of taxable property within the same, and also have full power to make ( 18 ) appointments whenever they shall think proper to do so. And each person appointed by virtue of this act for the Persons ap- purpose of taking in the lists of taxable property shall, pointed to before he begins to exercise the duties of his office take take oath. the following oath or affirmation before some justice of the peace, "I, A B, do solemnly swear or affirm (as the case may be] that I will to the best of my knowledge, diligently Oath 310 INDIANA HISTORICAL COLLECTIONS and faithfully execute the duties of a commissioner in taking in the lists of taxable property in the township to which I am appointed according to the directions of this act hereinafter specified, without favour, affection or partiality, — So help me God." A certificate of which oath shall be transmitted by the justice administering the same to the Clerk of the county, whose duty it shall be to preserve the same. § 2. Be it further enacted, That the following taxes Rates of tax- shall be paid annually, for one hundred acres [and so on ation, &,c. in proportion for a greater or less quantity] Of 1st rate land 75 cents, 2d rate 50 cents, 3d rate 25 cents. For every slave or servant of colour above 12 years of age, two dollars. For every horse, mare, mule or ass, over 3 years of age [except covering horses] not exceeding thirty-seven and a half cents. For every covering horse, the rate at which he covers the season. For every retail store, twenty dollars. Town lots are subject to a tax in the proportion of 50 cents on every hundred dol- Rate of tax- ation. When com- missioner to take in list and how. ( 19 ) lars of their value, which is estimated by the commis- sioner, including the improvement, and if the o\\Tier thinks himself aggrieved by such appraisement he has the right of appeal to the next court of Common Pleas, who can alter the assessment to what they may think just. For every tavern not more than 20 dollars. For every ferry not more than 10 dollars. For every billiard table, 50 dollars. § 3. And be it further enacted, That every commis- sioner appointed as aforesaid immediately after the first day of June begins and proceeds without delay to call on every person in his township subject to taxation, or TERRITORIAL LAWS, 1813 311 having taxable property in his possession or care for a list thereof, the list being distinctly read over by the commissioner to the person delivering it, he takes an oath or affirmation [administered by the commissioner] that it contains an accurate account of all taxable prop- erty within the territory belonging to him or in his care on the twentieth of May preceding, and that no method hath been used to evade the pajTnent of the taxes, and each commissioner enters his own property in the gen- eral list. § 4. Be it further enacted, That every land-holder whether he claims by bond, entry, deed or patent includes Land holders in the list he gives the commissioner all his land and how to give specifies as far as he can the quantity of each tract, the ^^list. county and water course it lies on and its quality, to- gether with the number of section, quarter section, town- ship and range if he can number and letter. § 5. And be it further enacted, That if ( 20 ) the greater part of a tract be superior to second rate it Land how de shall be denominated first rate, if the greater part be nominated, superior to third it is denominated second rate, if the greater part be inferior to second rate it is denominated third ; any tract which the owner can give no account of shall be deemed second rate. § 6. And be it further enacted, That every commis- sioner appointed as aforesaid shall make out three gen- Commissi- eral alphabetical lists of property in his township, when oners make each individual list was received, the person chargeable outalphabe- with taxes, the number or quality of every species of , , ,. , /.111, -^ f where deliv- property, the quality of the land, the county it is in and er them and the water course it lies on, the section quarter section by when, [and if numbered the number and letter] or fraction, township and range, and whether by patent, entry, deed or bond. These lists together with the original list shall by the commissioners respectively be delivered to the clerks of the courts of Common Pleas on or before the 312 INDIANA HISTORICAL COLLECTIONS Duty of the clerks. Courts to lay tax, &c. first day of July in every year, whose duty it shall be to lay the same before the judges of the court of Common Pleas respectively at their first term after the first day of August in each year whose duty it shall be to examine and correct them, which being done their clerks shall certify that they are true copies, and the said courts respectively shall at the time aforesaid lay the tax for their counties not exceeding thirty seven and one half cents on each horse, and if necessary lay a tax on land not exceeding thirty seven and one half cents for every hundred acres of first rate land, and twenty five cents for every hundred acres of second How clerk to dispose of commission- ers books. ( 21 ) rate land, and twelve and one half cents for every hun- dred acres of third rate land; which tax together with the tax on covering horses, and the tax on retail stores and slaves or servants of colour and town lots, tavern licenses and billiard tables, shall, and is hereby declared to be for county purposes. The Clerks of the courts aforesaid respectively shall immediately after the tax is levied in manner aforesaid by the courts deliver one of the commissioners books to the sheriff of the county, together with the statement of the taxes laid and imme- diately forward one to the Auditor of Public Accounts and the third retain in his office for the use of the court, and as a guide to them in settling with the sheriff, and also for any person that conceives that any tract of land or town lot belonging to him has been placed in an im- proper class, or listed improperly or more than once, or overcharged with any species of property, may on appli- cation to any of the courts of Common Pleas in his county upon making proof thereof have the matter rectified on which the alteration shall be certified by the clerk to the sheriff [and to the auditor if it concerns territorial taxes.] TERRITORIAL LAWS, 1813 813 § 7. And be it further enacted, That if any person re- fuse to give a list of his taxable property under the requi- sitions aforesaid, or deliver a false or fraudulent list, he shall be liable to a fine of ten dollars, and the commis- sioner shall proceed to list it agreeably to the best in- formation he can procure and such property shall be subject to a triple tax, which shall be collected and dis- trained as other taxes, and together with the fine shall be Persons re- fusing to give list of taxable pro- perty or giv- ing false one how punish- ed. ( 22 ) recovered in the following manner: — The commissioner shall give information thereof to the next court of Com- How recov- mon Pleas for the county, a summons from which shall erable,&c. immediately issue requiring the party to appear at the next court to shew cause if he can, why he should not be fined and triple taxed, on being served therewith by the sheriff and appearing, he shall immediately plead to issue, and the matter shall be enquired into by the court or a jury at his option; and if he fail to appear the court shall give judgment and award execution for the fine, treble tax and costs, unless for good cause shewn the court continues the same til the next term and the court certifies the same to the sheriff and to the auditor if it concerns the territorial tax, that the fine, tax and costs may be collected and accounted for as other taxes after deducting the clerks and sheriffs fees, and a reasonable allowance to the commissioner ; and if any person know- ing of a false or fraudulent list being given, takes the same steps in informing the court thereof and recovering the fine, one half of which he shall receive. § 8. Be it further enacted, That the commissioners respectively shall make their books in the form following : 314 INDIANA HISTORICAL COLLECTIONS Quantity. o o o o o o r- lO .—1 Letter. | B E No. of Lot. 1 g^^ 2 1 Clark's grant. Rates of covering per season. C lo c^ o Stud horses. " " -^ Horses, mares, &c. lO o CO Blacks above 12 years old. CC 00 •* Range. I— 1 T—t CO Township. Tfi CO 00 Quarter section. 8 w qr. n. w. & s. e. n. e. No. of section or fraction. O > Patent. a; Water course on which the land hes. d ffio > (5 County in which the land lines. d • So >> umber acres Land. Third rate. o Second rate. o '^^'o'Z Fir-st rate. Persons names chargeable Avith the tax. «3 ■§-J 73 O O O C! O Date of receiving lists. April, 15th, 1813. 17 C5 t-H TERRITORIAL LAWS, 1813 315 ( 26 ) § 9. Be it further enacted, That no person who shall be appointed a commissioner for the purposes aforesaid shall hold the offices of either principal or deputy sheriff for one year after he shall have acted as commissioner, and as a compensation to the commissioners respectively for services rendered by them under this law they shall be exempt from fine for not doing militia duty, working on high- ways and serving as jurors for one year, and the person so appointed as commissioner by the court of Common Pleas for the purposes aforesaid (if ac- cepted of by the person so appointed) or clerk of the court aforesaid failing to perform any one of the duties imposed upon them by this act shall be subject to a fine not exceeding one hundred dollars, to be recovered by the prosecuting attorney in the court of Common Pleas on motion, ten days notice of such motion being first given by the prosecuting attorney, and if the failure relates to the territorial tax, the Clerk of the court shall certify the same to the auditor, and forthwith send the fine after its collection to the territorial treasurer, after the court deducts such costs as they may allow which shall accrue on the motion. § 10. Be it further enacted, That the commissioners appointed from year to year under this law shall enquire of every person when taking in taxable property in his township whether he she or they listed their taxable property with the commissioner for the preceding year, and if they failed, it shall be lawful for the commis- sioner to list it and note it on his books for what year, and all Who shall not be com- missioners. Compensa- tion to com- missioners. Penalty on commssiner or clerk for neglect of duty & how recovered ; Duty of com missioner. ( 27 ) persons that failed to list their property with the lister Duty of com in the several counties throughout this territory for the "^^ssioners year one thousand eight hundred and twelve, shall list ' their taxable property with the commissioners for the 316 INDIANA HISTORICAL COLLECTIONS Courts of C. P. to take a bond of the sheriff, &c. Clerks trans- mit bond &c present year ; and the said commissioners are hereby re- quired to make a note on their books as before men- tioned, excepting those persons that have been fined for a failure in not giving in their taxable property to the lister under the act to amend the act entitled "An act for laying and collecting a tax on land and for other purposes, and repealing part of the said act." § 11. And be it further enacted, That the Judges of the courts of Common Pleas in the several counties shall at their first term after the first day of April next, and at their first term after the first day of January in every year thereafter take bond and sufficient securities of the sheriffs in the penalty of three thousand dollars, payable to the governor of the territory and his successors in office, conditioned for the payment of all taxes which ought to be collected by him for the year, and for the faithful performance of all duties enjoined on him by this law, which bond may and shall be moved from time to time, until the whole be recovered by persons hereinafter legally authorised; and the clerks of the courts of Com- mon Pleas respectively shall transmit an attested copy of such bond to the secretary of the territory on or before the first day of September in every year, which shall be filed by the secretaiy in his office, and which copy shall be evidence against the sheriff and his Courts of C. P. to hold special sessi- on & when. ( 28 ) securities on any motion made on the bond by the auditor. § 12. And be it further enacted, That in order to carry this law more fully into execution for the present year and every year hereafter, the judges of the courts of Common Pleas of the several counties shall hold spe- cial courts on the second Monday in August or so soon thereafter as a court can be foiTned for the purpose of examining the commissioners books, and do every thing relative thereto, lay the tax, and the Clerks certify the commissioners books in the same manner as mentioned in the sixth section of this law. TERRITORIAL LAWS, 1813 317 § 13. And be it further enacted, That the commission- ers of the several townships within the respective coun- Commissi- ties as aforesaid shall proceed to obtain from the best oners how to information in his or their power lists of non-residents P^*^^^^ /^^ lands in which he shall describe the said lands as those residents, of residents, and shall from the best information he can procure set the said lands down as first, second or third rate lands as the case may require, which lands shall be taxed as other lands are or may be, and shall and may be exposed to sale for non-payment of taxes as in other cases. § 14. And be it further enacted, That the sheriffs of each county as collectors, shall, on or before the first day SheriflFs to de of October annually demand payment of the taxes so mand taxes rated and assessed under this law due the territory and &bywhen the counties respectively from each inhabitant in his county, which de- D ( 29 ) mand shall be made by the said sheriffs or his or their deputy in person, or notice left at his, her or their usual place of residence or abode, which if not paid to the said In case of sheriff or his deputy as aforesaid on or before the said nonpayment first day of October next, and on or before the first day °^ ^ ^" of October annually, it shall be the duty of the said sheriff and he is hereby empowered to take the personal prop- erty, goods or chattels of the person or persons so fail- ing to pay their said land taxes and their taxes for county purposes, and shall thereupon proceed to give ten days notice of the time and place at which he intends expos- ing the said goods or chattels to sale by advertising the same in the most public place in the township wherein such delinquent or delinquents reside: Provided hoivever. Delinquent That the said delinquent or delinquents may at any time "^^y redeem before the property distrained be sold, ask for, demand P^^P^^^y- and receive the said property on tendering on tendering 318 INDIANA HISTORICAL COLLECTIONS Sheriff may make a se- cond distress to the said sheriff or sheriffs the amount of his, her or their taxes, territorial or county, then due, and the ex- pences of keeping the same, together with fifty cents to the said sheriff for his trouble and expense in distrain- ing and advertising the said property, and in case the property so distrained and taken sells for more than the territorial & county taxes due from the said delinquent or delinquents the said sheriff shall be entitled to receive therefrom for his trouble and expense in selling and seiz- ing the same, the sum of fifty cents, but in case there is not a sufficient sum produced by the sale of such Persons ag- grieved by such distress may appeal. Where no personal pro- perty sheriff to take land. ( 30 ) property to pay the said taxes, the sheriff shall, and he is hereby authorised by a second distress to make the said amount in the monies aforesaid : Provided however also, That the delinquent or delinquents who may think him, her or themselves aggrieved by any such distress or sale as aforesaid may apply to the court of Common Pleas at the term next to be holden in and for the said county, who shall examine the same, and if the said court are of opinion that the said sheriff has acted improperly in such sale or sales they shall give to the party injured such redress as the nature of the case requires. § 15. And be it further enacted. That in case of any delinquencies or non-pajTnent of taxes as herein directed, and that no personal property, goods or chattels of such delinquent or delinquents as is or are to be found within the said county wherein the lands of such delinquent or delinquents do lie, it shall be the duty of the sheriff as collector, to proceed to levy and collect the sum or sums so in arrears by a sale of the land or lands at the court house door of his county of the tract of land of each per- son so in arrear of either county or territorial taxes or so much thereof as will bring the taxes due, to be laid off in form of a square or parallelogram in a corner of the tract designated by the sherifT at the time of sale: Provided always, That if the owner of any tract or tracts of land, TERRITORIAL LAWS, 1813 319 or any person for him, shall, on the day on which the said Owner may land shall be advertised for sale as hereafter mentioned, redeem the tender tender the amount of the tax and ^^""^ ^ ^°'^- ( 31 ) costs, or deliver to the sheriff at the place of sale goods and chattels sufficient to make the said taxes so in ar- rears, then the said sheriff shall not sell the said land or any part thereof but shall make and levy the said taxes in arrears by a public sale of such goods and chattels, rendering the overplus if any to the owner of such land or such person for him. § 16. Be it further enacted, That it shall be the duty of the sheriff to give notice of the time and place of the sheriff to no- sales of the lands for the non-payment of taxes to one of tify judge of the Judges of the court of Common Pleas of the county ^•^- °^ *™® at least ten days before such sales and it shall be the duty ^ ' ^^' of said Judge to superintend the sales and prevent any fraud or collusion in the same; the said judge shall re- ceive for each days attendance two hundred cents to be laid on the land sold by the sheriff and collected by him and paid by the Judge: Provided, That no sheriff or deputy sheriff, either directly or indirectly shall bid or sheriff or de- purchase any lands or other property so sold as above putynotto directed to be sold. ^id. § 17. Be it further enacted. That every sheriff or col- lector making such sale as aforesaid, shall within forty sheriffs to days thereafter make return thereof to the Auditor of the make report territory, in which return he shall particularly state to auditor, every circumstance and expence attending the same, which shall be signed by the Judge, and if any sheriff shall fail to make said return, or do his duty, or shall Sheriffs fail- charge other or greater fees, either for himself or the ^"^ oma e Judge than allowed by law, he shall forfeit the sum of ercharging thirty dollars, to be fined, &c. ( 32 ) recovered by motion in the General court by the Auditor 320 INDIANA HISTORICAL COLLECTIONS for the use of the territory, and where any individual is aggrieved by the sheriff as it regards the sale of the land or an overcharge of fees, shall, in like manner be re- dressed by the sheriff upon motion in the court of Com- mon Pleas of his county against the sheriff. § 18. Be it further enacted, That prior to any sales Sheriffs to being made of the lands of such delinquents, the sheriff advertise & shall give twenty days notice by advertising at the county where, &c. seat and in some public newspaper either either in the territory or in the states of Kentucky or Ohio on the most reasonable teiTns he can for three several weeks successively of the time and place of such sale. § 19. And be it further enacted, That it shall be the Sheriffs may duty of the sheriff to receive any arrearages of terri- receive taxes torial or county taxes at any time before the sale com- beforesale. mences : Provided such delinquent pays the additional Fees to she- sum of five cents per tract for his own use and his pro- riff &c. portion of the expences for printing, and in case the land should be sold the sheriff shall collect the proportion of the expence in printing on each tract to be applyed for that purpose. § 20. And be it further enacted, That where any tract In case land of land is not sold as aforesaid for want of buyers, it does not sell shall be the duty of the sheriff to advertise and offer for how sheriff sale at two successive courts of Common Pleas and if the to proceed. ^^^^ shall not be sold or the taxes thereon paid with costs, it shall be the duty of one of the Judges of tlie said court to Sheriffs to give purcha- sers a certi- ficate, &c. ( 33 ) certify that the lands so offered for sale will not sell for want of buyers, specifying the tracts, and upon the sheriff producing said certified list to the Auditor he shall give him credit for the amount of territorial taxes due thereon. § 21. And be it further enacted, That when any lands are sold as aforesaid by the sheriff, it shall be the duty of the sheriff to give the purchaser or purchasers a cer- TERRITORIAL LAWS, 181S 521 tificate of the tracts or parts of tracts of land sold and specifying the tract, number or section or quarter section as specified in the duplicate for what sum; which cer- tificate shall vest all right, title and interest of the pro- prietors in the purchaser and his heirs, subject to the proviso of redemption as specified in the act entitled "An act for levying and collecting a tax on land and for other purposes." § 22. And be it further enacted, That it shall be the duty of the sheriff to pay over to the territorial treasurer on or before the twenty-fifth day of December, yearly and in every year, the taxes due from his county to the terri- tory, which monies so paid over, the treasurer shall give a receipt to the sheriff, which shall be a sufficient voucher to exonerate the said for the amount in the receipt con- tained, and on or before the first day of January next, and on or before the first day of January thereafter in each year, the said sheriff shall produce the Treasurers receipt to the Auditor, and it shall be the duty of the Auditor to give to the sheriff a quietus for the amount, allowing to the said Sheriffs to pay over mo- noies collec- ted by what time, &c. Auditor to give to she- riff a quietus and when. ( 34 ) sheriff nine per centum on the money so paid by the sheriff, discounting with him therefor accordingly; and on the sheriff of any county failing to pay up the terri- torial taxes, as specified in the foregoing part of this section the Auditor of Public Accounts shall at the next sheriffs fail- General court move against the sheriff so in arrear and ing to settle his securities, without giving any notice, and recover a howprocee- judgment for the amount which may be due as may ^ ^gams . appear from the commissioners books and the taxes au- thorised to be collected on lands for territorial purposes, together with ten per cent, in damages and all costs they may be entitled to by law upon the said sheriffs produc- ing satisfactory evidence. 22—49011 322 INDIANA HISTORICAL COLLECTIONS Courts of C. P. to hold special sessi- on, when, & for what pur pose, &c. Sheriffs to be allowed for delinquents. § 23. And be it further enacted, That the Judges of the courts of Common Pleas of the several counties in this territory shall hold special courts at their court houses on the last Monday in November, or so soon after as a court can be fonned, in every year, whose duty it shall be to adjust all claims against the county, to allow them to such persons as are by law entitled, and to authorise their Clerks to give certificates to such persons of the amount on the sheriff as collector, ordering him to pay the amount and the said Clerk shall enter them in order on his books, at which court the sheriff shall lay before the Judges a list of all delinquents charged with county taxes, and the said courts are hereby em- powered to strike out the names of such persons as ap- pear to be delinquents, and give the sheriffs credit as they may be entitled to by law, which being Sheriff fail- ing to make return of de- linquents chargeable with whole amount pre- vented by sickness. ( 35 ) done, the balance shall be struck, and the sheriffs shall be chargeable with that balance as it may appear from the commissioners books, which after the first day of December in every year shall be subject to the order of the said coui^ of Common Pleas. § 24. And be it fiirther enacted, That if any sheriff or collector shall after the first day of December in each and every year fail to pay any county creditor in pur- suance of the order of the court, the creditor thus in- jured shall obtain a judgment against the sheriff and his securities in any of the courts of Common Pleas in his county on giving the sheriff ten days notice, together with eight per centum in damages, together with costs and on said judgment execution shall issue accordingly, on which there shall be no replevy, and where any sheriff shall fail to lay before the couils of Common Pleas their lists of delinquents as aforesaid, they shall be charged with the whole amount of taxes as may appear from the commissioners books, and the taxes as laid by the courts unless the sheriff is prevented by sickness. The sheriffs severally shall have for the collection of county taxes TERRITORIAL LAWS, 1813 323 seven per centum, which shall be taken out of the taxes Whatallow- the said several sheriffs stand charged with, and where and to sheriff any sheriff fails to pay any order issued on him by the court after the first day of December, annually, which is to be applied toward erecting public buildings or for any Sheriff fail- other county or special purpose, the prosecuting attorney ^"^ to pay of the county shall proceed to recover judg- proceeded a- for collecti- on, &c. ( 36 ) gainst. ment against said sheriff and securities for the amount of the order or orders together with eight per cent, on giv- ing ten days notice, which in any case shall be served by the Coroner. § 25. And be it further enacted, That any and every person within, or coming to this territory being the venders of owner or possessor of any species of merchandize, except merchandise those excepted by law and wishing to dispose of the same to procure a or any part thereof, either by himself or his agent within ^^^^J^^^> '^^^ the territory, or any of the waters within or bounding ^^^^^ ^^ the same shall pay to the sheriff as county treasurer, of the county in which he or she may wish to dispose of the said merchandise, the sum of twenty dollars for one year, and so in proportion for any shorter time the party ap- plying may require, and take the sheriff's receipt there- for, and upon producing the said receipt to the Clerk of the court of Common Pleas of the county, it shall be the sheriffs to re duty of the Clerk to issue a licence, expressing therein ceipt&clk. the amount paid to the treasurer, and the time the party t° ^^^"® ^^" is permitted to sell, and the Clerk shall keep a book in ^^"^®' which he shall record the amount of money and time of issuing the same, for which he shall receive from the party applying, fifty cents; and any person or persons vending merchandise without obtaining a license as Persons ven- aforesaid, shall forfeit and pay the sum of twenty dol- ding without lars, to be recovered with costs of suits, by an action of how much &' debt, before any justice of the peace in the county in howrecover- the name of the she- ed. E 324 INDIANA HISTORICAL COLLECTIONS Justice certi- fy to C.P. Taxes now due due col- lected under existing law. Repealing clause. ( 37 ) riff as treasurer, and it shall be the duty of the magis- trate before whom such judgment is entered within one month thereafter to certify to the Clerk of the court of Common Pleas the said judgment and the Clerk shall enter the same, and charge the sheriff with the amount. § 26. Be it further enacted, That all taxes now due, and all money in any of the county treasuries shall be collected and accounted for under the now existing laws at which time the office of county treasurer shall be null and void, and all laws or parts of laws coming within the purview of this law be and the same are hereby repealed. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 11, 1813. JOHN GIBSON. Former act revived. CHAPTER IX. AN ACT to revive and amend an act for Incorporating the Roman Catholic Church in Vincennes. § 1. BE it enacted by the Legislative Council and House of Representatives, That the act passed and ap- proved the seventeenth day of December, in the year one thousand eight hundred and ten, incorporating the Former trus- tees continu- ed until what time. ( 38 ) Roman Catholic Church in Vincennes, be, and the same is hereby revived and put in force in as full and com- plete a manner as if the same had not been forfeited. § 2. Be it further enacted, That the trustees men- tioned in the said act shall continue to exercise and per- form the duties of trustees as mentioned in said act, until TERRITORIAL LAWS, 1813 825 the second Monday in March next, at which time the members of the said Church may hold an election agree- able to the manner prescribed in the said act ; and in case the said election for trustees should not take place on the said second Monday in March, then it shall be the duty of the said trustees, or any one of them, so soon there- after as may be thought convenient, to advertise for at least ten days, that an election is to be held for trustees to fill the place of the former; and the trustees men- tioned in said act shall continue in office until an election shall take place, and each successive sett of trustees shall continue in office until their places are filled by an elec- tion, either at the annual or advertised meeting of the members of said Church, and the annual election for trustees shall be held on the first Monday in March, successively. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 1, 1813. JOHN GIBSON. In case elec- tion should not be held trustees to advertise. Trustees to continue in office until a new election ( 39 ) CHAPTER X. AN ACT for fixing the Seats of Justice in all new counties here- after to be laid off. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That whenever any new county Legislature ^hall be laid off in this territory, five commissioners shall to appoint be appointed by the legislature at the time such new fivecommis- county shall be laid off, who at the time of discharging sioners. the duties hereinafter enjoined on them, do not reside in such new county, nor hold any real estate therein; and it shall be the duty of the said commissioners, or any Duty of com three or more of them to convene at such time and place missioners. 326 INDIANA HISTORICAL COLLECTIONS Further duty of the com- missioners. in the said new county as the legislature shall appoint, and being first duly sworn to discharge the duties as- signed them by this act, they shall proceed to fix on the most eligible and convenient place for the permanent Seat of Justice for such new county, taking into view the extent of the county, the quality of the land, and the prospect of future as well as the weight of present popu- lation, together with the probability of future divisions, and it shall be the further duty of the said commissioners to receive proposals from any person or persons o\\Tiing lands in the said county, and offering donations in land for the use of the same, and to fix on such place for the Seat of Justice in such new county, as near as may be to the centre of that tract or district which is likely to re- main peiTnanent after future divisions, as may best sub- Duty of com missioners. ( 40 ) serve the interest of such county; and the said commis- sioners shall enquire and ascertain whether any land on which they may incline to fix the Seat of Justice can be obtained by donation or by purchase at a reasonable price, sufficient in quantity and suitable in quality and situation for the establishment of a town; and if such quantity of suitable land cannot be obtained by donation, or by purchase, at a reasonable price, then they shall fix on the next most eligible place where such land can be procured as aforesaid ; and the said commissioners shall take a bond or bonds of any person or persons pro- posing to give or sell any such land, payable to the sheriff of such county and conditioned for the conveyance of such tract or tracts of land so given or sold to such per- son as the court of Common Pleas of such county shall appoint as an agent to receive the same, which bond or bonds the said commissioners shall deliver to the Judges of the court of Common Pleas of such county, together with a plain and correct report of their proceedings, containing a particular description of the land on which they shall have fixed as the Seat of Justice for the said TERRITORIAL LAWS, 1813 327 county, and the land so described shall be considered the permanent Seat of Justice for such county. § 2. And be it further enacted, That it shall be the duty of the Judges of the court of Common Pleas afore- Court C.P. said, forthwith, after receiving the report of the com- to appoint an missioners as herein above provided, to appoint some ^.gent. suitable person a resident of such coun- ( 41 ) ty as an agent, whose duty it shall be, after having given bond with security to be approved of by the said court Duty of the for the faithful discharge of the duties of his said office, agent, to receive a conveyance or conveyances for any lands which may have been given or sold for the use of the county as above provided, and to proceed to lay off the same into town lots, out lots, streets and alleys according judges of C. to such plan as the Judges of the court of Common Pleas P. to direct aforesaid may direct, and to proceed from time to time plan for a to sell the said lots or so many of them as the said court town, and a- may deem proper and necessary, and on such terms as the p" ^,^g , said court may consider most advantageous to the inter- money make est of the county, and to collect all monies arising from conveyances the sale of the said lots, and pay the same into the county &c. treasury, and also to make conveyances to the purchasers of such lots when and as often as necessary; and the money arising from the sale of such lots as aforesaid. Money aris- shall be a fund in the treasury of such county out of ing from sale which the commissioners appointed by virtue of this act ^^y^ appro- shall be first compensated for their services, and then P^^i^^ed, &c. the price of any land which may have been purchased for the use of the county shall be paid, and the balance shall be applied so far as necessary in defraying the ex- pences of erecting the necessary public buildings for the use of the county, and if any monies still remain after the expences of such buildings discharged, such balance may be applied as any other monies in the treasury. § 3. And be it further enacted, That any 328 INDIANA HISTORICAL COLLECTIONS Commissi- oners to give certificates to persens of whom they buy land. Allowance to the com- missioners. Agent how to be paid. Vacancies in the office of agent, or commission- er how filled ( 42 ) person or persons of whom any lands may be purchased for the use of such county as above provided, shall, at the time of giving bond or bonds for the conveyance of the same, receive of the commissioners aforesaid a cer- tificate or certificates of the quantity and price of the same, which certificate or certificates shall entitle him, her or them to receive the amount of the price of the said land out of the first monies remaining in the treas- ury of such county, after compensating the aforesaid commissioners according to the provisions of this act, any other existing claim against the county notwith- standing. § 4. And be it further enacted, That the commission- ers aforesaid shall be entitled to receive each three dol- lai'S for every day they may be necessarily employed in performing the duties enjoined on them by this act, and in travelling to and from the place of meeting; and the agent to be appointed pursuant to this act shall be en- titled to receive for his services such compensation as the Judges of the court of Common Pleas may think just and reasonable. § 5. And be it further enacted, That it shall be the duty of the court of Common Pleas of such county in case of the non-attendance of a sufficient number of com- missioners to transact the said business as provided by this act, to appoint a commissioner or commissioners agreeably to the provisions of the first section of this act to make up the number, and also in case of the death, removal or resignation of the agent appointed as afore- said, to appoint from time to time a Court C.P. may hold spe cial sessions, ( 43 ) successor or successors, when, and as often as it may be necessary, who shall give bond as herein above provided ; and it shall be the further duty of the said court when and as often as it may be necessary to carry this law into TERRITORIAL LAWS, 1813 329 complete effect to hold special sessions of the said court, and the said judges, commissioners and agent, and their and each of their successors are hereby vested with all further powers necessary to carry this law into full and complete operation, according to the true intent and meaning thereof. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 2, 1813. JOHN GIBSON. CHAPTER XL AN ACT for the relief of the. seweral Sheriffs and Collectors of County and Territorial Monies. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the sheriffs and collectors Sheriffs and of the county and territorial monies, within this terri- collectors al- tory shall have further time until the first day of May lowed furth- next, to finish and complete their several collections of ^^ J^^ ' ^ settle up. county and terri- ( 44 ) torial monies, and to pay over the same to the several county treasurers, and to the territorial treasurer, all monies due by them for the year one thousand eight hun- dred and twelve, any law to the contrary notwithstand- ing: Provided, That the heirs & securities or legal representatives of Spier Spencer, deceased, late sheriff Proviso, of Harrison county shall have like indulgence, and shall also have the said further time to the said first day of May next to collect and pay over all county and territorial monies due by him as collector of the said county of Harrison for all years previous to the year eighteen hun- 330 INDIANA HISTORICAL COLLECTIONS dred and twelve. This act to be in force from and after its passage. JAMES DILL, Speaker of the Hottse of Representatives. JAs BEGGS, President of the Legislative Council. APPROVED — March 2, 1813. JOHN GIBSON. CHAPTER XII. AN ACT in amendment to the "Act providing for the Anditing of claiTtis against the Indiana Territory, and for other purposes. § 1, BE it enacted by the Legislative Counciland House of Representatives, and it Claims on territory what shall be evidence of. Form. Auditor to keep a regis- ter. ( 45 ) is hereby enacted by the authority of the same, That any person or persons who may now or hereafter have a liquidated or legal demand against the Indiana territory, shall, and may receive an evidence thereof in a bill or bills of one, five, ten or twenty dollars, at the option of the creditor, and where cents, intervene, they shall be added after the dollars in either or any of the bills ; and the Auditor shall issue the same after the following form, ie. [Letter] Dollars No. The Indiana territory is indebted to [A B,] for (3 [services, as the case may be] the sum of dollars and Cents, which, with interest thereon, is pay- O able at her Treasury, [place] [month] [day] one thousand eight hundred and a d a § 2. Be it further enacted, That the Territorial Audi- tor shall, and he is hereby enjoined to keep a register of the warrants he may hereafter issue, of the caption and form following, to wit : TERRITORIAL LAWS, 1813 331 ( 46 ) bf) a u a Qi B a o , CJ > ^ o -t-» u t4 Oi H c3 73 d 03 a 73 1— t CD ;3 >4^ O 1:4 -i-> ^ <1 ;3 <«1 V ^ ■*s >» ^ t(_t 73 3 ^ tn "tS O 73 _: 1=1 a OH Cents. Dollars 73 73 Dollars. No. to H Dollars. No. "a Dollars. No. > Dollars. No. d Dollars. No. No. Letter. Date. For what services To whom issued. 332 INDIANA HISTORICAL COLLECTIONS Auditor to have blanks printed audit for same &c. How auditor to audit ac- counts. Transmit his check book to treasurer. Penalty on officers offer- ing to take bills at a dis- count. ( 47 ) a certified copy of which he shall lay before the legis- lature during the first week of the session. § 3. Be it further enacted, That the Auditor be, and he is hereby authorised to have printed at the expence of the territory, such number of blanks as may from time to time be necessary for his office, upon reasonable terms ; the expense whereof shall be Audited, and drawn for by him; and he shall also audit and draw for the expences incidental to obtaining the annual lists from the different registers of the several land offices, as may be authorised by law. § 4. Be it further enacted, That the Auditor shall audit accounts in no other way than as above prescribed, and shall in the margin of the bill cause some figure at least one inch in breadth, through which he shall cut the bill out of a check book; which book the Auditor shall, at least once in every month, transmit to the territorial Treasurer for the purpose of comparing the bills with, which may be presented to the Treasurer for payment, and said book shall be left with the treasurer. § 5. Be it further enacted, That if any collector or treasurer, either of the territory or county monies, or any other officer whose duty it shall be at the time to have the possession or care of any of the territorial or county monies, shall directly or indirectly, either by him- self, or through the means or agency of any other person, offer to take or receive any territorial or county bills or drafts for less than the amount of the same How to be recovered. ( 48 ) as expressed on the face thereof, he shall upon conviction thereof by indictment be fined in any sum not exceeding one hundred dollars, nor less than fifty; and it shall be the duty of the Judges of the several courts, to give this section in charge to the grand jury. TERRITORIAL LAWS, 1813 833 § 6. And be it further enacted, That the first, second and third sections of the act to which this is an amend- Parts of fer- ment, be, and the same are hereby repealed. This act merlawre- to take effect and be in force from and after the passing pealed. thereof. JAMES DILL, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 2, 1813. JOHN GIBSON. CHAPTER XIIL AN ACT for the relief of the heirs of Henry Vander Burgh, deceased. § 1. BE it enacted by the Legislative Council and House of Representatives, That the Clerk of the court of cik. to cor- Common Pleas of Knox county be, and he is hereby rectassess- authorised to correct the assessment on the collectors nientlist. duplicate of the land of the heirs of Henry Vander Burgh, deceased, and the collector shall only collect the amount of tax for the ( 49 ) year one thousand eight hundred and twelve agreeably to the corrected duplicate as made by the authority hereof; and the said heirs, or their agents are hereby Heirs or a- authorised to point out to the Clerk the mistake in the gent to point assessment under the same obligations that lists of land outmastakes are given in to the assessor; and it is hereby made the h°w,&c. duty of the said Clerk to deliver a copy of the corrected list of assessment of said land to the Auditor; and it shall be his duty to enter said correction on any and every duplicate which he may hereafter deliver to the 334 INDIANA HISTORICAL COLLECTIONS collector for the remainder of the period for which the said lands was assessed. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 2, 1813. JOHN GIBSON. CHAPTER XIV. AN ACT allowing compensation to the Members and Officers of both Houses of the Legislature at the present Session. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That each and every member of the Legislative Council and House of Represen- Allowance members of L.C. & H. of R. Allowance clerks and door keeper. Specific ap- propriation. ( 50 ) tatives, shall be entitled to, and receive out of the terri- torial treasury, upon the warrant or warrants of the Auditor, as in other cases, for each and every days' at- tendance on the legislature at the present session, the sum of two dollars and fifty cents per day, and shall moreover be allowed the sum of ten cents per mile for travelling to and from the town of Vincennes by the most usual road. § 2. Be it further enacted. That the Clerk of the Leg- islative Council, and the Clerk of the House of Repre- sentatives, shall, in like manner receive for their services respectively the sum of four dollars per day; and the Door-Keeper to both houses shall receive for his services the sum of one dollar and fifty cents per day. § 3. Be it further enxicted, That there shall be allowed to Benjamin Adams, the sum of four dollars and fifty for his services during the time he acted as Door-Keeper TERRITORIAL LAWS, 1813 335 to the House of Representatives at the commencement of the present session; and to William Hendricks, the sum of ten dollars for his services in furnishing Elihu Stout with a copy of the Journals of the House of Rep- resentatives of the present session, § 4. And be it further enacted, That the compensation which shall or may be due to the Members and Clerk Accounts by of the Legislative Council, shall be certified by the Presi- whom certi- dent thereof ; and that which shall & may be due to the ^^^' '^*^- members and clerk of the house of representatives, and the Door-Keeper of both houses shall be certified by the Speaker of the House of Representatives, which certi- ( 51 ) ficate or certificates shall be to the Auditor sufl!icient evidence of the claim, and he shall issue warrants there- upon to the several members and officers aforesaid, pay- able at the territorial treasury as in other cases. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 5, 1813. JOHN GIBSON. CHAPTER XV. AN ACT to remove the Seat of Government from the town of Vin- cennes to the town of Corydon, in the county of Harrison. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That from and after the first day of May next, the seat of government of the Indiana Seat of go- territory shall be, and the same is hereby fixed and estab- vernment re- lished in the town of Corydon, in the county of Harrison, "^oved & to Ch. XV, 1. 3. The enrolled act omits the word "after."— Ed. what place. 336 INDIANA HISTORICAL COLLECTIONS Officers of the govern- ment to re- move, &c. and the said seat of government shall be and remain in the said town of Corydon, until altered by law; and it shall be the duty of all officers and all other persons in any way concerned in administering the government of the said territory, and all persons whose duty By what time to be at Corydon. where judg- es to hold G. court, and when, &c. ( 52 ) it is to be at the seat of government of the said territory, or whose functions are or ought to be exercised at the said seat of government, to remove the books, records, papers and proceedings of whatsoever nature or kind they may be, in any wise relating to their offices to the said town of Corydon, in the said county of Harrison, on or before the said first day of May next, and it shall be the duty of all the said officers, and all persons whose duty it is to be and attend at the seat of government, to be and attend at the said town of Coiydon, in the county of Harrison, from and after the said first day of May next, then and there to attend to, perfoiTn, and do what- soever to their said offices doth belong or in any wise appertain; and all persons in any wise concerned are hereby required to govern themselves accordingly. § 2. And be it furtlier enacted, That it shall be the duty of the Judges of the General court of the said terri- tory, and they are hereby authorised and required to hold the first term of the said court after the passage of this act at the town of Vincennes, in the county of Knox as heretofore, on the first Tuesday of April next, and the second term of the said General court, after the passage of this act shall be held, and the said Judges are hereby authorised and required to hold the same in the said town of Corydon, in the said county of Harrison, and the said Judges shall continue to hold the said court on the several days which are or may be fixed by TERRITORIAL LAWS, 1813 337 ( 53 ) law for holding the said courts, and the said town of Corydon, in the said county of Harrison, shall be, and the same is hereby declared to be the place of holding the said General court until altered by law; and all ac- In what ca- tions, suits, pleas, plaints and causes, now depending in ses suits re- the said court, which by the existing laws are required ^^^^, „ to be tried and decided in the said General court, shall ' be, and the same are hereby removed from and after the said first day of May next, to the said town of Corydon, in as full, complete and ample a manner as if the said actions, suits, pleas, plaints and causes had been orig- inally brought in the said county of Harrison, and all actions, suits, pleas, plaints and causes had been orig- inally brought in the said county of Harrison; and all actions, suits, pleas, plaints and causes which are now In what ca- depending in the said coui-t, and which by the existing ses tried in laws may be tried in the Circuit court, shall be tried in circuit court the Circuit court of the county of Knox, which shall be held in the said county, when, and at such times as may or shall be regulated and established by law ; and it shall be the duty of the Clerk of the said General court to Clk. of Gen- remove, or cause to be removed all records, books, papers eral court re- and proceedings of whatsoever kind they may be, in any "^°7^ *° ^°" wise relating to any of the actions, suits, pleas, plaints ^^^^^ or causes by this act removed to the said town of Cory- don on or before the said first day of May next; and it shall be the further duty of the said Clerk, from and after the said first day of May next, to be and attend at the town ( 54 ) of Corydon aforesaid, then and there to do, attend to, and perform whatsoever to his said office may or doth belong, or in any wise appertain. § 3. And be it further enacted, That if any oflScer or other person in any wise concerned in administering the 2&— 49011 338 INDIANA HISTORICAL COLLECTIONS Persons re- fusing to re- move fined, How much, and how re- covered. Expence of removing public papers and records how paid. Govr. may order guard for safe con- veyance of public re- cords. government, or the Clerk of the General court, or any other person whose duty it is made by the provisions of this act to remove, or cause to be removed any books, papers, records or other documents or proceedings to the said town of Corydon, or if any person or persons, officer or officers, who are by this act required to be and attend at the said town of Corydon, shall neglect or refuse to do and perform the duties required of them by this act, the person or persons so offending shall each and every of them be fined in a sum not less than one hundred, nor more than twelve hundred dollars, to be recovered by indictment before any court of record for the use of the territory. § 4. And be it further enacted, That any expense nec- essarily incurred by any officer in removing the books, papers, records and proceedings pertaining to his said office from Vincennes to the said town of Corydon, agree- ably to the requisitions of this act shall be paid out of the territorial treasury; and the governor of this terri- tory is hereby authorised and empowered to order out any number of militia that he may deem necessary for the more safe conveyance of any books, papers, or other thing by this act ( 55 ) made necessary to be conveyed to the said town of Corydon. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 11, 1813. JOHN GIBSON. TERRITORIAL LAWS, 1813 339 CHAPTER XVL A JOINT RESOLUTION respecting residence of the Governor and Secretary. RESOLVED by the Legislative Council and House of Representatives, That nothing in any law, usage or cus- tom shall be so construed as to effect the residence of the Governor and Secretary of the Indiana territory, pro- vided they reside in said territory, any law to the con- trary notwithstanding. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 12, 1813. JOHN GIBSON. ( 56 ) CHAPTER XVII. AN ACT for the relief of the several Listers of Personal Property in the Indiana Territory for the year, one thousand eight hun- dred and twelve. § 1, BE it enacted by the Legislative Council and HotLse of Representatives, and it is hereby enacted by the authority of the same, That the several courts of Common Pleas of this territory be, and they are hereby authorised and required to make to the several persons who listed property within the several counties in eight- een hundred and twelve, subject to taxation for county purposes such allowance or allowances as the said courts shall deem just and reasonable. — This act to be in force from the passage thereof. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 5, 1813. JOHN GIBSON. 340 INDIANA HISTORICAL COLLECTIONS CHAPTER XVIII. A BILL for the relief of Isaac Montgomery and Robert Anderson. WHEREAS it has been represented to the Legislature that Isaac Montgomery and Robert Anderson, of Knox county, were Proviso. Court C.P. receive evi- dence, make allowance, how paid &c. ( 57 ) in obedience to an order of the court of Common Pleas of said county, necessarily employed eleven days in view- ing a road from Hazelton's ferry on ^Vhite river, to Shawneetown, and that the said Isaac Montgomery and Robert Anderson, as yet have received no compensation for the same — therefore, BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the court of Common Pleas of the county of Knox shall be, and they are hereby authorised and required to receive evidence of the said service being thus performed, and the said court on receiving satis- factory avidence of the above mentioned service, or any part thereof being performed as aforesaid, and that no compensation has been made for the same, shall allow to the said Isaac Montgomery and Robert Anderson, each, two dollars per day for each and every day they have been so necessarily employed, and the said allowance so made shall be paid to the said Isaac Montgomery and Robert Anderson, out of the county funds of the said county of Knox, in the same manner that other county claims are. JAMES DILL, Speaker of the Hov^e of Rcprese7itatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 5, 1813. JOHN GIBSON. TERRITORIAL LAWS, 1813 341 ( 58 ) CHAPTER XIX. AN ACT regulating the Inspection of Flour, Beef and Pork. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the courts of Common Pleas of the several counties in this territory, shall at their first term after the first day of May next, appoint three suitable persons as inspectors in each county, of Flour, Beef and Pork; and that from and after the passing of this act, no owner or owners, or agents of Flour, Beef and Pork put up in barrels as hereinafter mentioned, shall offer the same for sale until they shall have been inspected in the manner herein after directed, under the penalty of fifteen dollars for every such offence, to be recovered in any court having cognizance thereof, one half to the use of the person prosecuting for the same, and the other half to be paid into the treasury of the territory. § 2. And be it fu^^ther enacted, That the Inspectors who shall be appointed in pursuance of this act, shall hold their appointments during good behaviour, and in case of a vacancy the courts aforesaid shall have power to fill the same; and the said inspectors before they enter upon the execution of their respective offices shall take the following oath or affinnation before some justice of the peace, a certificate of which they and each of them shall file in the Clerks office of the courts aforesaid : Courts C.P. to appoint inspectors. Penalty for selling with- out inspecti- on. How recov- ed. Inspectors appointed du ring good be haviour. To take an oath. ( 59 ) "I, A B, do swear, that I will faithfully and impar- Form of the tially, according to the best of my skill and judgment, °^^^- perform the duty of inspector of Flour, Beef and Pork, according to the laws in force relative thereto." §3. And be it further enacted, That the owner or fl^"^^°+ owners or agents of Flour, Beef and Pork intended for give notice sale in any county in this territory, are hereby required to inspectors 342 INDIANA HISTORICAL COLLECTIONS Fees to in- spectors. Penalty for asking high- er fees, how recovered & how applied. Proviso. What shall be the weight of flour, &c. and how to be branded. Penalty for attempting a deception. to give notice to the said Inspectors that the same be inspected ; and for every such inspection he or they shall be entitled to receive four cents for every barrel of Flour, and ten cents for each barrel of Beef and Pork, and the said Inspectors shall not be entitled to receive any more than at the rates aforesaid, under the penalty of fifty dollars for every such offence, to be recovered in any court having cognizance thereof, one half to the use of the person prosecuting for the same, and the other half to be paid into the treasury of this territory: Provided nevertheless, That nothing herein contained shall be so construed as to prevent the sale of any Flour [manufac- tured in the territory] which may be purchased for family use, and any Flour, Beef or Pork put up in bar- rels as herein after mentioned, provided they have been inspected in any state or territory from whence they came. § 4. And be it further enacted, That each barrel of flour shall contain one hundred and ninety six pounds of flour, avoir dupois weight, and if intended for first quality shall be branded by the Inspectors "superfine;" and on each barrel intended for the second ( 60 ) quality shall be branded "fine;" and on each barrel in- tended for the third quality, shall be branded "mid- lings;" and in addition to the brand aforesaid, each barrel shall be branded "Indiana territory;" and that for the inspection of flour, the said Inspectors shall provide them- selves witli a three quarters of an inch barrel auger, with which each barrel of flour shall be bored into so as to satisfy themselves of the quality of the flour ; and if any flour shall be found on examination, to contain a mixture of Indian meal, or any other mixture, such person offer- ing the same, shall forfeit and pay the sum of four dol- lars for every such barrel so mixed, and the flour shall be liable for the payment thereof TERRITORIAL LAWS, 1813 343 how branded & marked &c. § 5. And be it further enacted, That each barrel of beef and pork inspected by the Inspectors aforesaid, shall contain two hundred pounds avoir dupois weight; and Weight of the best quality of beef shall be denominated "mess beef," ^^^^ f po^k and shall be branded "Indiana territory mess beef;" the second quality shall be denominated 'prime beef,' and shall be branded "Indiana territory prime beef;" and that the best quality of pork shall be denominated 'mess pork,' and shall be branded "Indiana territory mess pork;" and that the second quality shall be denominated 'prime pork' and shall be branded "Indiana territory prime pork;" and where any such beef or pork shall be if tainted found to be tainted, spoiled or unfit for market, the same how proceed shall be condemned and destroyed by the H ( 61 ) order, and under the observance of the Inspectors. § 6. And be it further enacted, That if any person or persons shall alter or erase any brand or mark of said Inspectors, so placed on any barrel of flour, pork or beef, every person so offending shall forfeit and pay the sum of fifty dollars for every such offence, to be recovered in any court having cognizance thereof, one half to the use of the person prosecuting for the same, and the other half to be paid into the treasury of this territory. § 7. Be it further enacted. That where any person erects a ware-house within the territory, or who may have already erected a ware-house for the purpose of storing flour, beef or pork, he shall and may receive twelve and a half cents per barrel for the first month or a shorter time for the storage thereof, and no more, and the additional sum of six and a fourth cents per barrel, for every month after the first month that the same may Persens alt- ering or era- sing marks fined, how much, how recovered & how applied. Price of sto- rage. 344 INDIANA HISTORICAL COLLECTIONS remain stored. This act shall take effect from and after the passage hereof. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 5, 1813. JOHN GIBSON. Sheriffs sel- ling land & not making deed. Successor to make deed. How sheriffs to return ex- ecution. ( 62 ) CHAPTER XX. AN ACT regulating the duties of Sheriffs in certain cases. § 1. BE it enacted by the Legislative Council and House of Representatives, That when any sheriff shall have sold land on execution previous to his death, re- moval from office or resignation, and the purchase money for the same shall have been paid, without having made a deed for the same, it shall be the duty of the successor of such sheriff to make and execute to the purchaser or purchasers of such land, his or their heirs or assigns, a deed or deeds for the same, which deed or deeds so made shall be as valid and good in law, as if the same had been executed by the sheriff who sold the said land — ^and when any sheriff shall sell any land by virtue of any execution or executions to him directed, he shall return on the back of such execution or executions the quantity of land sold, the place where the lands lie, the amount of purchase money, and the name of the person who puix;hased. This act to take effect from and after its passage. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 5, 1813. JOHN GIBSON. I TERRITORIAL LAWS, 1813 345 ( 63 ) CHAPTER XXI. AN ACT in amendment to the several acts concerning Public Roads and Highways. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enucted by the authority of the same, That the Clerks of the court of Clks.laybe- Common Pleas of the counties respectively in this terri- fore court of tory, shall at the courts aforesaid, holden in each county ^'^' ^^^^ ^-^ after the first day of May next, lay a list of the names ^.^^^ ^ ° of the overseers of roads, expressing the time of their appointments, designating the road they have the care of, and the time of their appointments expiring, before the grand juiy so soon as they are sworn and charged, and it is hereby made the duty of the grand jury to examine Grand jury into the situation of the roads minutely so that the over- to examine seers may be punished as the laws relating to roads situation of direct. ^^^^'• § 2. Be it further enucted. That the judges of the courts of Common Pleas shall have power at any court Judges of C. upon the establishment of a road to appoint an overseer, ^' ^* ^"y and allot to him a sufficient number of hands. This act *™^ appoint to take effect from and after its passage. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 6, 1818. JOHN GIBSON. ( 64 ) CHAPTER XXII. AN ACT supplementary to an act entitled "An act for the relief of James Hamilton, Sheriff of Dearborn county, and for other purposes." § 1. BE it enacted by the Legislative Council and overseers. 346 INDIANA HISTORICAL COLLECTIONS Hoiise of Representatives, and it is hereby enacted by the Former act authority of the same, That the act entitled "An act for repealed. the relief of James Hamilton, sheriff of Dearborn county," approved seventeenth of December, one thou- sand eight hundred and eleven, be, and the same is hereby repealed, and be as if the same had never passed; nor shall the said James Hamilton have or receive any benefit or advantage from the above last mentioned act, any thing in the said act to the contrary notwithstanding; Auditor to and that the Auditor of the Indiana territory be, and he settle and is hereby enjoined and required to settle with the afore- how, &c. said James Hamilton on the following principles, to wit: That the nine hundred and ninety-nine dollars and twenty cents heretofore paid by the said James Hamil- ton into the territorial treasury in the year one thousand eight hundred and eleven, for which he obtained a quie- tus bearing date sixth September, in the aforesaid year, from the Auditor of Public Accounts, shall go out of, and be considered as paid by the said Hamilton in part of a judgment heretofore obtained against the said Hamilton and his security, in favor of the territory at the General court held in April eighteen hundred and eleven, for taxes due the territory for the years one thousand eight Manner and terms of set- tlement con- tinued. ( 65 ) hundred and six, one thousand eight hundred and seven, one thousand eight hundred and eight, one thousand eight hundred and nine, and one thousand eight hundred and ten, and that on the pa>Tnent of three hundred dollars by the said James Hamilton into the territorial treasury on or before the first day of August next, the aforesaid judgment shall be considered, deemed and taken to be, and shall be absolutely and fully discharged, and all ar- rearages due by the said Hamilton for taxes or arrear- ages of taxes due by him as collector of Dearborn county for the years one thousand eight hundred and six, one thousand eight hundred and seventeen, one thousand eight hundred & eight, one thousand eight hundred and TERRITORIAL LAWS, 1813 347 nine, and one thousand eight hundred and ten, with the payment of the said three hundred dollars, on or before the first day of August next with the said nine hundred and ninety nine dollars and twenty cents heretofore paid in by the said Hamilton, shall be an absolute an complete discharge from all arrearages of taxes for the aforesaid years, and the said Auditor shall stay execution on the said judgment till after the said first day of August next, and shall on issuing the same thereafter, endorse on the back thereof, that it may be discharged by payment of three hundred dollars, with costs of collection, any law to the contrary in any wise notwithstanding. § 2. And be it further enacted, That the said James Hamilton, sheriff of Dearborn county shall have full power to collect any ( 66 ) arrearages of taxes due the territory for the years one May collect thousand eight hundred and six, one thousand eight tax yet due hundred and seven, one thousand eight hundred and and how. eight, one thousand eight hundred and nine and one thousand eight hundred and ten, from any person within the bounds of old Dearborn county, agreeably to the then existing laws, and the said taxes shall be for the benefit of the said Hamilton ; but nothing herein contained shall be so construed as to authorise the said James Hamilton to collect any taxes from any person or persons for any of those years who cannot produce a receipt, provided they will make oath that they have paid the taxes for any of those years above recited, in which case the taxes for the balance of the years shall be collected and no more. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 6, 1813. JOHN GIBSON. 348 INDIANA HISTORICAL COLLECTIONS What part of Knox to form the new counties What part to form Warrick county. ( 67 ) CHAPTER XXIII. AN ACT for the formation of two new counties out of the county of Knox. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from any after the passage hereof all that part of Knox county which is included in the following boundaries shall foiTti and constitute two new counties, that is to say : beginning at the mouth of the Wabash, thence up the same with the meanders thereof to the mouth of White river, thence up White river with the meanders thereof to the forks of White river, thence up the East fork of White river to where the line between sections number twenty and twenty nine, in township number one, north, of range number four, west, strikes the same, thence with said line to the line of Harrison county, thence with the said line divid- ing the counties of Knox and Harrison to the Ohio river, thence down to the Ohio river to the beginning. § 2. Be it further enacted, That the tract of country included within the aforesaid boundaries be, and the same is hereby divided into two separate and distinct counties by a line beginning on the Wabash river and known and designated by the name of Rector's base line, and with said line East until it intersects the line of Harrison county, and that from and after the first day of April, one thousand eight hundred and thirteen, the tract of country falling within the southern What part to form Gib- son county. ( 68 ) division thereof shall be known and designated by the name and style of the county of Warrick. And the north- ern division thereof shall be known and designated by the name and style of the county of Gibson — That the said counties shall severally enjoy all the rights, privi- leges and jurisdictions which to separate counties of this TERRITORIAL LAWS, 1813 349 territory do or may properly appertain and belong : Pro- vided always, That all suits, pleas, plaints, actions and Proviso, proceedings which may before the first day of April, one thousand eight hundred and thirteen, have been com- menced, instituted and depending within the present county of Knox, shall be prosecuted to final judgment and effect in the same manner as if this act had never been passed: And provided also, That the territorial and county levies which are now due within the bounds of the said new counties shall be collected and paid in the same manner and by the same officers as they would have been if the creation of the said new counties had not have taken place. § 3. Be it further enacted, That so soon as the place for holding the courts in the said county of Warrick be where the established, the Judges of the courts of Common Pleas in court shall the said county shall within six months thereafter, pro- be held in ceed to erect the necessary public buildings for the same in such place, in the same manner as is required by law in respect to other counties, and after the public build- ings are so erected the courts of said county shall adjourn to the said place at their Warrick county, &c. ( 69 ) next term after the same shall have been completed, which shall be, and the same is hereby declared the seat of justice for the county of Warrick. § 4. Be it further enacted, That so soon as the place for holding the courts for the said county of Gibson be where the established, the Judges of the courts of Common Pleas court for in the said county, shall, within six months thereafter, Gibson coun proceed to erect the necessary public buildings for the ^^,^^^'1.^® same, in such place, in the same manner as is required by law in respect to other counties, and after the public buildings are so erected, the courts of the said county shall adjourn to the said place at their next term after the same shall have been completed, which shall be, and held, &c. « 350 INDIANA HISTORICAL COLLECTIONS Present place of hol- ding courts in the new counties. Proviso. the same is hereby declared to be the seat of justice for the county of Gibson. § 5. Be it further enacted, That until the public build- ings in the said new counties be completed, the courts of Common Pleas for the county of Warrick shall be held at the house of Baily Anderson, in said county — and the courts of Common Pleas for the county of Gibson, shall be held at the house of William Harrington, in said county: — Provided also, That all officers, both civil and military, in the bounds of the said new counties shall continue to exercise the functions of their respective offices as officers of the said new counties until some other legal organization of officers shall take place, in ( 70 ) the same manner as if the formation of the said new counties had not have taken place. JAMES DILL, Speaker of the House of Representatives. JAs BEGGS, President of the Legislative Council. APPROVED — March 9, 1813. JOHN GIBSON. CHAPTER XXIV. AN ACT authorising the courts of Common Picas of Dearborn county to Levy an additional Tax in the year one tfwusand eight hundred and thirteen, for certain purjwses. WHEREAS it has been represented to this General Proviso. Assembly that the county funds of Dearborn county, have heretofore been inadequate to the several purposes for which taxes are usually laid, by which means several just claims for public buildings, and other necessary ex- penditures remain unsatisfied, for remedy whereof, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the on what, &c. TERRITORIAL LAWS, 1813 351 authority of the same, That the court of Common Pleas, Court C.P. shall or may, levy or assess, on the following objects or may levy ad- articles, such taxes as are or may be necessary for the _l°"_^^p.^' purpose of enabling the said courts to pay and satisfy all claims a- ( 71 ) gainst the said county heretofore unpaid, and now out- standing against the same, to wit : on all free male white inhabitants of the age of twenty-one years and upwards and residing within the said county on the first day of May next, a sum not exceeding I2V2 cents each; on town lots, a sum not exceeding one half per cent on the amount of their appraised value ; and on lands, a sum not exceed- ing twenty-five cents on every hundred acres; which taxes the said court of Common Pleas are hereby author- ised and empowered to lay, levy or assess, or as much, or as many of the said taxes as they may find necessary for the purpose of settling and paying up all old or un- settled claims against the said county as aforesaid, and may be levied and assessed over and above such tax or taxes as are or may be necessary to pay the expences of the current year ; and the said taxes shall be laid, levied, collected and paid over on the orders of the said court ted'and paid as all other county taxes are or may be; and the said court shall have and possess all the powers necessary to carry this act into effect. — This act to take effect from its passage, and to be in force one year and no longer. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 9, 1813. JOHN GIBSON. How collec- 352 INDIANA HISTORICAL COLLECTIONS How collec- tors to pro- ceed to get a credit for de- linquencies duty of court C.P. &c. ( 72 ) CHAPTER XXV. AN ACT for correcting the Duplicate or Assessment of the Lands within this Territory, and for other purposes. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the several collectors of the territorial tax, and that part of the county tax which is assessed upon land, may at the next court of Common Pleas after the time fixed by law for paying over the said taxes to the county and territorial treasurers, exhibit to said court a list of such lands as have been twice or more times assessed on the same duplicate, also such lands as have been forfeited to the United States, and upon the proper proof thereof being made, the court shall make a list thereof, with the amount of the tax due thereon by each person, and have the same certified by the Clerk, and upon the said list being produced to the Auditor, he shall give the collector of the territorial tax credit for the amount, and the said court shall give the collector of the county tax on land, credit for the amount due the county, as shall appear from the said certified list, and the same proceedings shall be had to correct the duplicates for the years one thousand eight hundred and eleven, and one thousand eight hundred and twelve as above prescribed, at the first court of Common Pleas after the first day of May next, in the several counties in this territory after the passage of this act, and upon the several collectors pro- ( 73 ) ducing the certified list of delinquencies to the Auditor, he shall give them credit as above. § 2. Be it further enacted, That whenever a lister of lands or personal property neglected or omitted listing p. (73), 1. 1. In the enrolled act the word "delinquents" instead of "delinquencies" appears between the words "of" and "to." — Ed. TERRITORIAL LAWS, 1813 353 any lands or personal property within this territory, that When lands it shall be lawful for the collectors of county and terri- not listed torial monies, and it is hereby made their duty to call on ^°^ collec- 1 1 T . 1 1 tor to pro- such person or persons whose list may have been so ^^ j omitted to be taken by the lister as may be found within their respective counties, and collect the taxes which may be due from such person or persons, in proportion, and at the rates assessed on all others, according to the best information they can obtain. § 3. Be it further enacted, That the several collectors of county and territorial monies shall return on oath a Collectors on list of the persons names from whom he may have col- oath return lected any monies as aforesaid, specifying in said list the list of per- amount of taxable property owned by each, as also the sons not as- amount of tax collected from each, and pay over for ^^^^ „ "!?I „ , . nies collect'd county purposes as m other cases, all such monies as may properly belong to the same, and also pay into the territorial treasury such part of said money as he may have collected for territorial purposes. § 4. Be it further enacted, That the treasurer shall report to the Legislature the amount of the monies so ,.^ ^ ° received, at the time he makes his other report. § 5. Be it further enacted. That if any collector shall fail to comply with the requi- ( 74 ) sitions of this act, he shall for each offence forfeit and Penalty and pay the sum of one hundred dollars, to be recovered by howrecover- action of debt, in the name of the Auditor or County ed. Treasurer, before any court having competent jurisdic- tion thereof. JAMES DILL, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 9, 1813. JOHN GIBSON. 24—49011 354 INDIANA HISTORICAL COLLECTIONS CHAPTER XXVI. AN ACT for the relief of John Hunter, and the heirs of Jacob Warrick, deceased. WHEREAS it has been represented to this legislature Proviso. by the executors of Jacob Warrick, deceased, that the said Jacob Warrick did in his life time bargain and sell unto a certain John Hunter, twenty-five acres of land, a part of the south east quarter of section number two, of town- ship three, in range twelve, south of the second principal meridian, and that the said John Hunter did fully and completely pay to the said Jacob Warrick, the purchase money by them agreed upon for the said twenty-five acres of land, agreeable to the contract then existing between the said parties, and that through Ck)mmissi- oners appoin ted their du- ty, &c. ( 75 ) neglect, or in consequence of the confidence which the said parties placed in each other, no deed of conveyance was ever made by the said Jacob Warrick, to the said John Hunter, for the said twenty-five acres of land nor is there existing any written evidence of the said purchase, therefore, BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the court of Common Pleas of the county of Knox, shall be, & they are hereby appointed commissioners to receive evidence of the said purchase and payment, and on receiving such evidence as they may conceive full proof of the said purchase being duly made, and of the purchase money being fully paid by the said John Hunter to the said Jacob Warrick, the said court are hereby authorised and required to transfer by deed of conveyance, all the estate, claim, right and title of the said Jacob Warrick, his heirs, &c of, in and to the said twenty-five acres of land above described, unto the said John Hunter, his heirs and assigns, as fully, completely TERRITORIAL LAWS, 1813 855 and entirely, as he the said Jacob Warrick could have done in his proper person, and such deed of conveyance so made, shall completely vest the said John Hunter, his heirs and assigns, with all the estate, claim, right and title of the said Jacob Warrick, his heirs, &c of, in and to the said twenty-five acres of land above ( 76 ) described, and be a perpetual and complete bar against the same. JAMES DILL, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 9, 1813. JOHN GIBSON. CHAPTER XXVIL AN ACT to amend the act to prevent Trespassing by Cutting of Timber. WHEREAS it is difficult under the present existing laws to procure evidence against persons trespassing by cutting of timber; and whereas, this Legislature have thought proper to make it a penal offence, and the fine go for the use of the county, where the owner of the land cannot recover the fine under the act to which this is an amendment, therefore, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the offence mentioned in the act to which this is an amendment, of trespassing by cut- ting of timber, may be prosecuted by indictment, and the fines which shall be assessed by the court upon convic- tion, Proviso. How punish- ed. 356 INDIANA HISTORICAL COLLECTIONS ( 77 ) shall be regulated by the several fines mentioned in the said act, and when said fines are collected shall be paid into the county treasury. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 8, 1813. JOHN GIBSON. General or Circuit court decree divor- ces, and for what causes. CHAPTER XXVIII. AN ACT regulating Divorces within the Indiana Territory. § 1. BE it enacted by the Legislative Council and Hoiise of Representatives, and it is hereby enacted by the authority of the same, That the General court and Circuit courts within the Indiana territory, shall be, and are hereby invested with power and jurisdiction to decree divorces in the manner hereinafter mentioned in the fol- lowing cases, that is to say : in favor of a husband where his wife shall have voluntarily left his bed and board, with the intention of abandonment for the space of three years, or where she shall have abandoned him and lived in adulteiy with another man, or men, or shall have been condemned for a felony in any court of record within the United States ( 78 ) or territories thereof. In favor of a wife where her hus- band shall have left her with the intention of abandon- ment for the space of two years, or where he shall have abandoned her and lived in adultery with another woman or other women, or shall have been condemned for a felony in any court of record within the United States or territories thereof, or where his treatment to her is TERRITORIAL LAWS, 1813 357 so cruel, barbarous and inhuman as actually to endanger her life. § 2. Be it further enacted, That in the cases before mentioned the party desirous of obtaining a divorce may apply to the General court, or Circuit court of that county in which he or she resides, by a libel, or petition, stating the ground of the application, on which such proceeding shall be had as are usual in other writs in law, except so far as they may be directed to be deviated from by this act, but if any of the aforesaid causes of divorce apply to the complainant, he or she shall be subject to a dis- mission of said suit. § 3. Be it further enacted, That if the defendant re- sides not within this territory, and the court are satisfied by disinterested affidavit of his or her absence, they may proceed to order publication as against other absentees, except that the order shall succinctly state the object of the libel or petition. §4. Be it further enacted, That upon the appearance of the defendant, he or she in answer, without oath, may by general denial controvert the allegations of the libel or petition, and may also alledge any of the afore- Where par- ties may ap- ply and what proceedings. Deft, not a resident how court to pro- ceed. Deft, appear ing how to proceed. ( 79 ) said causes of divorce to apply to the complainant, or if the defendant fail to appear, the suit shall be set down for trial, but the allegations shall not be considered as confessed nor proof dispensed with. § 5. Be it further enacted. That it shall be the duty of the several attomies prosecuting for the territory in the General court or Circuit courts respectively, to oppose the granting of any divorce not warranted by this act. § 6. Be it further enacted, That if there shall on hear- ing the allegations appear to be just cause for divorce within the provisions of this act, according to the sound construction thereof, the court shall pronounce a decree, declaring the complainant divorced from his or her hus- band or wife ; but such decree shall not opperate so as to Duty of pro- secuting at- torney. Duty of the court on hea- ring allega- tions, &c. 358 INDIANA HISTORICAL COLLECTIONS Make divisi- on of estate &c. release the offending party, who shall nevertheless re- main subject to all the pains and penalties which the law prescribes against a marriage whilst a former husband or wife is living. § 7. Be it further enacted, That the court pronouncing the decree of divorce shall regulate and order the division of the estate, real and personal, in such way as to them shall seem just and right, having due regard to each party, and the children, if any : — Provided however, That nothing herein contained shall be construed to au- thorise the court to compel either of the parties to divest himself or herself of the title to the real property. § 8. Be it further enacted, That pending a suit for a divorce, the court may make Duty of court pend- ing the trial. ( 80 ) such temporary orders relative to the property and parties as they shall deem equitable. This act shall be in force from its passage. JAMES DILL, Speaker of the House of Representatives. ^ JAs. BEGGS, President of the Legislative Council. APPROVED — March 8, 1813. JOHN GIBSON. CHAPTER XXIX. AN ACT making certain Specific Appropriations. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the Specific ap- authority of the same, That there shall be and is hereby propriations allowed to Jones & Dubois, the sum of forty-three dollars sixty-two and a half cents for stationery furnished to both houses of the legislature during the present session, which sum the treasurer is hereby directed and enjoined to pay out of any money which now may be in the treas- continued. TERRITORIAL LAWS, 1813 359 ury, or out of the first monies which may come into the treasury. To Mark Barnett, for rent of two rooms for the use of both houses of the legislature during the present ses- sion, as also for firewood furnished for the same, fifty dollars. To William Prince, for postage of letters ( 81 ) received by him as Auditor, stationery, and expences in Specific ap- recovering territorial monies the sum of fifty-six dollars propriations thirty-seven and a half cents. To Elihu Stout for postage of abstracts, eighteen dollars eighty cents. To William Prince for his services as auditor of public accounts from twelfth December, one thousand eight hun- dred and twelve, to twentyeth January, one thousand eight hundred and thirteen, the sum of thirty-five dollars and twenty cents, in full for his compensation or salary for that period. To General Washington Johnston, late auditor of pub- lic accounts, for his services as auditor of public ac- counts, from twentyeth January, to seventh February, one thousand eight hundred and thirteen, in full for his compensation as such, seventeen dollars fifteen cents. To Samuel Gwathmey, register of the land office at Jeffersonville, for abstracts of land furnished the auditor of public accounts for the years one thousand eight hun- dred and eleven, and twelve, the sum of ten dollars. To John Badollet, register of the land office at Vin- cennes, for abstracts of land furnished to the auditor of public accounts the sum of ten dollars. To James Johnson, for books and stationery furnished for his office as treasurer, the sum of forty dollars. To William Mc. Farland, a member of this house, for coming to, remaining at, and travelling from Vincennes in the fall of one thousand eight hundred and twelve, agreeable to the prorogation of Governor Harrison 360 INDIANA HISTORICAL COLLECTIONS Specific ap- propriations continued. Proviso in favor of J. & Dubois. How laws to be disposed of. ( 82 ) at the session of one thousand eight hundred and eleven, the sum of thirty dollars. To Robert Hanna, sheriff of Franklin county for ad- vertising the sale of delinquents lands for taxes, for the year one thousand eight hundred and twelve, the sum of six dollars and fifty cents. To Elihu Stout, for printing and stitching five hundred copies of the laws passed at the present session of the legislature, the sum of one dollar and twenty five cents per page, one half of which sum the auditor is hereby authorised to audit to the said Elihu Stout, as soon as one half of the printing and stitching of the said laws shall be completed, and the balance of the said sum as soon as the whole shall be completed, and to issue his warrants for the same, payable at the territorial treas- ury, as in other cases; in auditing which account the auditor shall have regard to the number of pages when printed, agreeably to the contract entered into by the said Elihu Stout for that purpose. Be it further enacted. That all the foregoing sums here- by allowed and appropriated shall be audited and payable on the warrant of the auditor as in all other cases, saving and excepting however that to Jones & Dubois, their claim shall be paid out of any money now in, or which shall first come into the treasury. Be it further enacted, That so soon as the law^s of the present session may be completed by the printer and de- livered to the secretaiy of territory, it shall be the duty of the territorial auditor to receive from the secre- ( 83 ) tary, 40 copies for each county within the territory, and immediately forward them to the Clerks office in the sev- eral counties, and the expence of the said transportation of the said laws shall be paid out of the territorial treas- ury, on the warrant of the said auditor. TERRITORIAL LAWS, 1813 361 Be it further enacted, That the sum of three hundred dollars be, and the same is hereby appropriated for con- tingent expences, and the said fund shall be subject to Contingent the order of the Governor for expresses, and other inci- fu"^- dents which cannot now be foreseen by the two houses, a statement whereof shall be by him laid before them at their next session, and that all expresses sent by the com- manding officers of regiments within the territory rela- tive to militia services, shall be paid out of the said fund, on the order of the Governor. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 10, 1813. JOHN GIBSON. ( 84 ) CHAPTER XXX. A JOINT RESOLUTION of both Houses. RESOLVED by the Legislative Council and House of Representatives, That when the Governor prorogues both houses of the Legislature at the end of the present session, he shall prorogue the said two houses to meet at the seat of government on the first Monday in December next, which day shall be, and is hereby declared to be the time for the meeting of the said Legislature. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 10, 1813. JOHN GIBSON. 362 INDIANA HISTORICAL COLLECTIONS Times of hoi ding courts of C.P. CHAPTER XXXL AN ACT fixing the times of holding certain Courts within the Indiana Territory. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the Judges of the courts of Common Pleas of the several counties within this terri- tory shall hold their three annual sessions as follows, to wit : — Time of hol- ding Circuit courts. ( 85 ) For the county of Wayne on the third Monday in May, August and November. For the county of Franklin, on the second Monday in May, August and November. For the county of Dearborn, on the third Monday in April, July and October. For the county of Jefferson, on the first Monday in April, July and October. For the county of Clarke, on the fourth Monday in March, June and September. For the county of Harrison, on the first IMonday in April, July and October. For the county of Warrick, on the third Monday in April, July and October. For the county of Gibson, on the second Monday in May, August and November. For the county of Knox, on the third Monday in May, August and November. § 2. Be it further enacted, That the Judges of the General court shall hold Circuit courts under the same regulations as heretofore pointed out by law in the fol- lowing counties, to wit : For the county of Wayne, on the fourth Monday in June. TERRITORIAL LAWS, 1813 363 For the county of Franklin, on the third Monday in June. For the county of Dearborn, on the second Monday in June. For the county of Jefferson, on the first Monday in June. For the county of Clark, on the fourth Monday in May. For the cnunty of Warrick, on the second Monday in June. ( 86 ) For the county of Gibson, on the third Monday in June, and For the county of Knox, on the first Monday in August, yearly and every year. § 3. And be it further enacted, That all suits now- pending in any of the aforesaid courts, and all process made returnable to any time or times heretofore hereto- fore pointed out by law for the session or term of the said courts or any of them, shall be, and are hereby con- tinued over and made returnable to the periods and times herein above expressed, as fully and completely as if the said process or suits had been originally made returnable, or the proceedings had been originally continued to the said terms or periods in this act expressed. § 4. Be it further enacted, That the next court of Com- mon Pleas of Knox county shall be, and the same is hereby adjourned until the second Monday in April next, and all suits, pleas and matters depending in said court are hereby continued over until the second Monday in April next, in as full and complete a manner as if this act had not have passed. § 5. Be it further enacted, That the several courts of Common law in this territory be and they are hereby authorised and empowered in all cases where it may be necessary for the more full and complete administration of justice to render judgments or decrees for the specific performance of any contract or contracts, and to compel Suits & pro- ceedings con tinued, &c. Time of hol- ding C.P. in Knox chan- ged. General and Circuit court given certain powers, &c. 364 INDIANA HISTORICAL COLLECTIONS the parties, whether plaintiff or defendant to any suit or action, to disclose upon oath or affir- How party to proceed to get evidence from oppo- nent, &c. ( 87 ) mation, any matter or circumstance relative to any suit, action, plea or plaint, pending, or which may be pending in any such court, and the matter or circumstance so dis- closed, to admit and receive as evidence under the same rules, regulations and restrictions which in courts of Chancery, are, or have been used and observed ; and also to extend and give to all suitors, and all persons in any way concerned in any suit or action pending or which may be pending in any of the said courts, all the benefits and advantages which by the laws of this territory have heretofore been, or might or aught to be extended or given by a court of Chancery to any suitor or suitors in such court. § 6. And be it further enacted, That any plaintiff or defendant who may be desirous to have any circumstance or matter relative to the suit or action to which he may be a party disclosed by his opponent agreeably to the provisions contained in the first section of this act, it shall be the duty of such plaintiff or defendant at the time of filing his or her declaration or plea, to file also therewith his, her or their petition, stating in a concise and con- spicuous manner the circumstances or matters which he, she or they may be desirous to have disclosed, and therein pray the court that the opposite party, plaintiff or de- fendant may be compelled to disclose the same upon oath or affirmation; and the party filing such petition may take a rule for answer as other rules are or may be taken ; and in case the opposite party shall fail to comply with such rule, he shall be consider- ( 88 ) ed in default, and shall be subject to the same proceedings § 6, 1. 10. In the enrolled act the word "so" appears between the words "have" and "disclosed." — Ed. TERRITORIAL LAWS, 1813 365 and regulations which in other like cases have or may be used in the courts of common law, and when in any such suit or action issue shall be joined on any matter of fact, the whole evidence in the cause shall be laid before the jury, who shall give their verdict according to the equity and justice of the case. And when a specific performance of any contract may be prayed for, it shall be so ex- pressed and set forth by the plaintiff in his declaration, and the jury in making up their verdict shall state whether in their opinion such contract ought to be spe- cifically performed, and in what manner, and they shall give such damages as will be sufficient to enforce obedi- ence to the decree or judgment of the court on such verdict. § 7. And be it further enacted, That all witnesses ex- amined in any suit under the provisions of this act, shall How witness be openly examined in court, in presence of the jury, estobeexa- except in those cases in which a dedimus to take deposi- "imed, &c. tions might and ought to be issued agreeably to the rules and regulations which are or may be established by the laws of this territory in the courts of common law, and the same rules of evidence shall be observed which are or may be established in the courts of common law, ex- cepting that the parties to, and other persons interested in any suit or action may be examined, and compelled to answer upon oath or affirmation, concerning any circum- stance, matter or fact relative to such suit or action, ( 89 ) agreeably to the provisions of the first section of this act. § 8. And be it further enacted, That appeals and writs of error may be taken from, and exceptions to the judg- Appeals and ments and decisions of the several courts of Common writs of error Pleas to the General court, subject to the same rules and niaybetak- regulations which are or may be established by the laws ^"' ^^' of this territory. § 9. And be it further enacted, That so soon as the suits which are now commenced in the court of Chancery 366 INDIANA HISTORICAL COLLECTIONS Former chan eery court annulled and when. Governor to appoint addi- tional chan- cellors, their allowance, of this territory shall be carried to final judgment and execution, then the said court of Chancery shall cease and become null and void, and no suit shall from and after the passage of this act be commenced in the court of Chancery. § 10. And be it further enacted, That the Governor of this territory be, and he is hereby authorised to appoint two additional Chancellors, to consist of the Judges of the General court, which three Chancellors, or a majority of them, shall form a court of Chancery to complete and finish the suits which are now depending in the said court, agreeably to the existing laws regulating the said court. And the said Chancellors shall receive as a compensation, each, fifty dol- ( 90 ) lars per annum, until said suits shall be finished. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 11, 1813. JOHN GIBSON. CHAPTER XXXII. RESOLVED by the Legislative Council and House of Representatives, That Mark Barnett be allowed four dol- lars for house rent and fire wood for two days which was not included in the appropriation law. JAMES DILL, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. APPROVED — March 12, 1813. JOHN GIBSON. TERRITORIAL LAWS, 1813 367 TABLE OF CONTENTS. Chap. Page. An act to revive and amend an act entitled an act to incorporate the Vincennes Li- brary Company. 1 3 An act for improving the Navigation of White Water. 2 4 An act to amend the act entitled "an act to License and regulate Taverns." 3 8 An act providing a mean to help and speed poor persons in their suits. 4 10 An act to amend an act entitled "An act providing for the appointment of Con- stables. 5 12 An act directing the mode of changing the Venue. 6 13 An act repealing all laws or parts of laws making it necessary to obtain a license for vending any article or articles the product or manufacture of the United States or territories thereof. 7 16 An act to reduce into one the several acts establishing a permanent revenue. 8 17 An act to revive an amend an act for in- corporating the Roman Catholic Church in Vincennes. 9 37 An act for fixing the seats of justice in all new counties hereafter to be laid off. 10 39 An act for the relief of the several sheriffs & collectors of county & territorial monies. 11 43 An act in amendment to the "act providing for the auditing of claims against the Indiana territory, and for other pur- poses." 12 44 368 INDIANA HISTORICAL COLLECTIONS An act for the relief of the heirs of Henry Vander Burgh deceased. 13 48 An act allowing compensation to the mem- bers and officers of both houses of the leg- islature at the present session. 14 49 An act to remove the seat of government Chap. Page, from the town of Vincennes to the town of Corydon, in the county of Harrison. 15 51 A joint resolution respecting residence of the governor and secretary. 16 55 An act for the relief of the several listers of personal property in the Indiana ter- ritory for the year, 1112. 17 56 A bill for the relief of Isaac Montgomery and Robert Anderson. 18 56 An act regulating the inspection of flour, beef and pork. 19 58 An act regulating the duties of sheriffs in certain cases. 20 62 An act in amendment to the several acts concerning public roads and highways. 21 63 An act supplementary to an act entitled 'an act for the relief of James Hamilton, sheriff of Dearborn county, and for other purposes' 22 64 An act for the formation of two new coun- ties out of the county of Knox. 23 67 An act authorising the courts of common pleas of Dearborn county to levy an ad- ditional tax in the year 1813, for certain purposes. 24 70 An act for correcting the duplicate or as- sessment of the lands within this terri- tory and for other purposes. 25 72 An act for the relief of John Hunter, and the heirs of Jacob Warrick, deceased. 26 74 TERRITORIAL LAWS, 1813 369 An act to amend the act to prevent tres- passing by cutting of timber. 27 76 An act regulating divorces within the In- diana territory. 28 77 An act making certain specific appropria- tions. 29 80 A joint resolution of both houses. 80 84 An act fixing the times of holding certain courts within the Indiana territory. 31 84 25—49011 ACTS OF ASSEMBLY OF THE INDIANA TERRITORY, PASSED AT THE SECOND SESSION OF THE FOURTH GENERAL ASSEMBLY OF SAID TERRITORY, BEGUN AND HELD AT THE TOWN OF CORYDON, ON MON- DAY THE SIXTH DAY OF DECEMBER, A. D. ONE THOU- SAND EIGHT HUNDRED AND THIRTEEN. MADISON: PRINTED BY HENDRICKS AND CAMRON, PRINTERS TO THE TERRITORY. 1814; TERRITORIAL LAWS, 1813-14 373 ACTS OF THE INDIANA TERRITORY. 1 CHAPTER I. An ACT establishing and regulating the Militia of the Indiana Territory. Sec. 1. "DE it enacted by the Legislative Council and J-J House of Representatives of the Indiana Territory, That each and every able bodied white male who shall do i person of this Territory, who is, or who shall be of the militia duty. ^ age of eighteen years, and under the age of forty-five years, except as herein after excepted, shall severally where enrol- and respectively, be enrolled in the militia of this Terri- led. tory, by the captain or commanding officer within the bounds of whose company, each person may reside, within twenty days next after he shall be informed of such resi- dence; and at all times hereafter, such commanding offi- cer shall enrol every such person 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, except as hereafter excepted, who shall How notified, come to reside within the bounds of his company, and shall without delay, notify such person of said enrol- [ 4 ] ment, by a non-commissioned officer of the company, by whom such notice may be proved; and every person so When and how enrolled and notified, shall within twelve months after he armed. shall have been resident of this Territory, or sooner, if called into actual service, provide himself with a good 374 INDIANA HISTORICAL COLLECTIONS How he shall appear accou- tred when cal- led on. Field officers how armed. Arms exempt from distress. musket and bayonet, fusee, or rifle, a knapsack and blan- ket, and two spare flints, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket, or fusee, each cai-tridge to contain a proper quantity of powder and ball, or pouch and powder horn, with twenty-four balls suited to the bore of his rifle, and a quarter of a pound of powder; and every enrolled person, shall so appear armed and accourtred and pro- vided when called on, except when called to exercise by company, at wiiich time he may appear without his knap- sack and blanket. The field officers shall be armed with a sword, and the company officers with a sword or espon- toon. And every person so enrolled and providing him- self with arms, ammunition and accourtrements required as aforesaid, shall hold the same exempt from all impress- ment, suits, distresses, executions or sales for debt, dam- ages, or the payment of taxes; and each person enrolled in any company in this Territory, when he shall arrive to the age of forty-five years, shall report himself to the com- mandant of his company, as being of the age aforesaid, and produce satisfactory evidence thereof, before he shall be entitled to any exemption from service in the militia; and if such person should make a false affidavit of such fact, he Commissions to designate rank. [ 5 ] shall be liable to be proceeded against for perjury. § 2. And be it further enacted, That the militia of the Territory, shall be divided into divisions and brigades, at the discretion of the commander in chief of the militia : Provided, That when any entire regiment, battalion or company, has been or may be set off, the officers in such regiment, battalion or company, shall retain their respec- tive commands; and if the number of such regiment, battalion, or company, shall be changed by such altera- tion, from the number in which any officer therein was commissioned, or if the commission of any colonel, or major, does not express or designate his proper command TERRITORIAL LAWS, 1813-14 375 or rank, agreeably to the provisions of this act, such colonel, or major, shall apply to the commander in chief, to have the necessary alterations endorsed on the back of his commission, and transmit notice thereof to the adjutant-general's office, and such endorsement shall vest such officer with the same authority, as if the purport thereof had been expressed on the face of his commission ; and the adjutant-general shall keep a rank roll of all the commissions which may issue to the officers of the militia. When a new division, brigade, regiment, battalion or com- pany district, may be set off, and composed of a part of two or more divisions, brigades, regiments, battalions or companies, the officers who were legally appointed to the command of the same, shall retain their respective com- mands, until other officers can be elected, and commis- sioned; and all brigades, regiments, battalions and com- panies [ 6 ] shall be numbered according to the time of their first organization, if practicable, if not, to be by lot; and a record of such numbers made in the adjutant-general's office; and when in the field, or in actual service, each division, brigade, regiment, battalion, and company, shall take rank according to their numbers, reckoning the first Corps how to or lowest number, highest in rank. Each division shall be numbered, consist of not less than two, normore than four brigades ; each brigade of not less than two, nor more than eight regiments; each regiment of two battalions; each bat- talion of not less than four, nor more than seven com- panies, and each company shall consist of sixty privates : Provided, That if local circumstances should require it, Proviso, a company may be formed of forty, or extended to eighty, rank and file. § 3. Be it further enacted, That the militia of this Territory shall be officered as follows, viz. to each divi- sion there shall be one major general, who shall be al- Militia how of- lowed two aids-de-camp, and one quartermaster general, ^^^'^^ 376 INDIANA HISTORICAL COLLECTIONS Staff. Vacancies how filled in com- pany. which aids-de-camp shall be appointed by the major gen- eral ; to each brigade there shall be one brigadier general, and one brigade inspector, who shall serve as brigade major, and one quartermaster of brigade, both to be appointed by the brigadier general ; to each regiment one colonel, to each battalion one major, to each company one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer. The regimental staff shall consist of one adjutant, one quartermaster, one clerk, one paymaster, one surgeon, one sur- [ 7 ] geon's mate, one sergeant major, one quarter master ser- geant, one drum major and one fife major; to be ap- pointed by the commandant of the regiment: Provided, That each odd battalion shall be allowed the same staff, which by this section is allowed a regiment, to be ap- pointed by the commandant thereof. § 4. Be it further enacted, That when any new com- pany hereafter shall be set off, or vacancies shall happen in any company already set off, the major or command- ing officer of the battalion to which such new company or vacancy belongs, shall within twenty days after being informed thereof, notify the electors of such company, by written notifications, set up in three public places within such company district, at least ten days previous to the day of election, directing them to meet at a certain time and place, as near the centre of such company as may appear convenient, stating the officers to be elected for said company; and the qualified electors within such company district, shall meet at the time and place pointed out in such notice, and shall proceed to choose three judges of the election, and one clerk, by a majority of votes present: any one of the persons elected as judges as aforesaid, shall administer to the other two judges and clerk, and either of the judges to him, the following oath, or affirmation, viz, "You do solemnly swear, (or affirm, TERRITORIAL LAWS, 1813-14 377 as the case may be) that you will faithfully and impar- tially, receive, count, and make return of the votes legally given for a captain, lieutenant or ensign, (as the case may be) in the militia for this district, in which you are appointed [ 8 ] judge or clerk" (as the case may be) ; and the judges shall proceed to receive the ballots from the qualified electors of such district, between the hours of ten o'clock A.M. and three o'clock P.M. of said day, except to fill vacancies which may occur on said day; the clerk shall write down the names of each elector, in a book prepared for that purpose, and at the close of the election the judges and clerk shall count the ballots, compare them with the poll book, and declare to the people present, the person having the highest number of votes, duly elected : Provided, That when any company in this Territory shall neglect or refuse to meet and elect their ofl[icers agree- ably to the provisions of this act, such company may be attached to the next company or companies adjoining, by the next battalion court of enquiry, or by the com- mandant of the battalion to which such company may be- long, until such court of enquiry shall meet. § 5. Be it further enacted, That when the office of major shall become vacant, or a new battalion set off, the colonel, or commanding officer of the regiment, shall forthwith notify the commissioned officers of such bat- talion, by written notice, set up in at least two public places in each company district at least ten days previ- ous to the day of election, directing them to meet at a certain time and place specified in said notice, for the purpose of electing a major for said battalion; at which Majors how e- time and place, the colonel, or commanding officer of the lected. regiment, shall attend in person, and when met shall take to his assistance, two persons having the qualifica- 378 INDIANA HISTORICAL COLLECTIONS [ 9 ] tions of electors, at that election, who shall take the oath or affirmation pointed out in the fourth section of this act, which oath or affirmation the colonel or commanding officer of the regiment is hereby authorized to administer, and the judges aforesaid shall proceed to receive the bal- lots, between the hours of eleven o'clock A.M. and four o'clock P.M. of said day, and the commandant aforesaid shall keep a poll book, in which the name of each elector shall be written, and at the close of the election, the judges shall count the ballots, and make out a statement of the votes given, which together with the poll book shall by the commandant be deposited with the clerk, who shall file the same in his office, and the commandant of the regiment shall, in the presence of the judges and people present, declare the person having the highest number of votes duly elected. § 6. Be it further enacted, That when the office of Colonels how colonel shall become vacant or a new regiment be set off, elected. the commanding officer of the brigade, shall give the same notice as is required by the fifth section of this act for the election of a major, directing the officers of said regi- ment to meet, at a certain time and place, for the purpose of electing a colonel for said regiment, at which election the electors present shall choose viva voce one of the said electors to preside, and the person thus chosen shall take to his assistance as judges of said election, two others of said electors, who shall be governed in every respect agreeably to the preceding section of this act. B [ 10 ] § 7. Whereas by virtue of the ordinance, and in con- formity to the laws of the United States, major generals and brigadier generals, in and for the Territory, are to be appointed and commissioned by the President of the United States, by the recommendation and nomination of TERRITORIAL LAWS, 1813-14 379 the governor of the Territory, Be it therefore enacted. That so soon as the governor of the Territory shall make his nomination, pursuant to the laws of the United States and the ordinance for the government of the Territory, and the said brigadiers and major generals are appointed, they shall be subject and be governed by the provisions of this act; and that when they, or either of them, shall appear on any parade days or muster, shall be in uniform, with a French military hat, blue cloth coat turned up with buff or scarlet, with gold epaulettes, white small clothes or buff, also boats and spurs : Provided, That in all elec- tions held under the provisions of this act, for any officer under the rank of brigadier general, when two or more persons have the highest and an equal number of votes, the judges of said election shall decide by lot, which of such persons is duly elected. § 8. Be it further enacted, That when the office of cap- tain, lieutenant or ensign, shall become vacant, by pro- motion, resignation, or otherwise, on the day of election, the judges of said election shall give notice thereof, by proclamation, and the electors present, shall immediately proceed by ballot, to elect a person to fill said vacancy, and the officer whose duty it may be to forward certificates General officers how to be uni- formed. Vancancies in company offi- ces, on days of election, how to proceed. [ 11 ] of election returns to the adjutant-general, shall in no case forward such certificate until the expiration of ten days from the close of the election, and if notice of a contest be given he shall retain said return until a decision is had thereon. § 9. Be it further enacted. That if any candidate or other elector chooses to contest the validity of any elec- tion, or the right of any person proclaimed duly elected an officer, he shall give notice thereof in writing to the officer who holds the election, and shall in like manner within the same time, notify the person or persons whose election he means to contest, expressing the points on How persons shall proceed in contesting elections. 380 INDIANA HISTORICAL COLLECTIONS which he means to rely, and the officer holding the elec- tion returns, shall summon the parties to appear, at a certain time and place, which shall not exceed twenty-five days from the day of election, before three or more com- missioned officers, whom he may appoint for that pur- pose, who shall hear and determine the same, and shall report their decision in writing, to the officer who gave the summons ; which decision shall be final and conclusive. § 10. Be it further enacted, That no person shall be Who eligible to eligible to a command in the militia, who is not a citizen a command. of the United States, and has not resided within this Ter- ritory twelve months; and every officer commissioned by virtue of this act, shall within ten days after receiving a commission by virtue of this act, and previous to entering on the execution of his office, take an oath to support the constitution of the United States, and also an oath of office, a certifi- Officers shall serve five years : May be re- moved for inca- pacity. [ 12 ] cate of which shall be endorsed on the back of his com- mission, by the person administering the same; and if any person receiving any such commission, shall fail to take the oath aforesaid, within the time herein provided, and give notice thereof within twenty days thereafter, to the proper officer, whose duty it may be to direct such vacancy to be filled, he shall be considered as refusing such office, and the same shall be filled as in other cases. § 11. Be it further enacted, That every officer who hereafter accepts a commission in the militia, shall serve five years, unless sooner dismissed by a court martial, for disobedience of orders, contempt or ungentlemanly be- havior : Provided, That it shall be the duty of the brigade inspector, to return to the major general, all commis- sioned officers who have been in the service twelve months, and are not acquainted with their respective duties, and it shall be the duty of the major general to dismiss said officers for incapacity, and their vacancies shall be filled as in other cases : Provided however, That TERRITORIAL LAWS, 1813-14 381 any person or persons, returned for want of capacity by the brigade inspector, at the request of the party, he shall be examined by the major general, and dealt with as he may deem proper; within ten days after said return, for good cause shewn to the commander in chief, he may re- ceive the resignation of a field officer, and in like manner the commandant of a regiment, may receive the resigna- tion of a company officer, and in all cases the officer ac- cepting a resignation, shall endorse on the back of the commission, [ 13 ] the cause for which such resignation was accepted, and return the commission to the person so resigned, and at the same time take proper measures for filling the vacancy. § 12. Be it further enacted, That every commissioned officer of whatever rank, who may lose his command in any corps, by the division of the district, or shall have served five years or upwards, as a commissioned officer in this Territory, shall be exempt from military duty in time of peace: Provided, That all such officers shall be enrolled and classed as militia men, in the companies in which they may respectively reside, by the commandants of such companies, and shall hold themselves in readi- ness to do military duty, in their proper classes, when called into actual service. § 13. Be it further enacted, That the commander in chief be authorized to appoint two aids-de-camp, to rank staff officers, as colonels ; the general and regimental staff officers shall their rank, rank as follows, to wit: the adjutant-general and quarter- master general as colonels ; aids-de-camp, brigade inspec- tors, and brigade quartermaster, as majors ; surgeons as captains; adjutants, quartermasters, clerks, paymasters and surgeon's mate, as lieutenants ; and other regimental staff officers, as non-commissioned officers ; and the officer appointing his staff, shall certify the same to the person appointed, giving to him his proper title or rank, purport- 382 INDIANA HISTORICAL COLLECTIONS ing that he is to be respected and obeyed as such; and the staff officers receiving such appointment, shall each, before he enters upon the duties of his office, take an oath or affirmation, [ 14 ] faithfully and impartially to discharge the duties enjoined on him by law ; and the officer who administers such oath or affirmation, shall endorse the same on the back of his said certificate. § 14. Be it further enacted, That the commissioned Sergeants and officers of each company, after the company shall be so corporals, how enrolled, shall appoint four sergeants, giving to each his appointed. rank, and also four corporals, giving to each his rank, and the captain shall certify to each non-commissioned officer his appointment, directing therein that he is to be re- spected and obeyed as such, and notify the company of such appointment. § 15. Be it further enacted, That any militia man moving from one company district to another in this Ter- ritory, may apply to the commanding officer of the com- pany to which he belongs, who shall certify the number of the class to which he did belong, and on producing such certificate he shall be enrolled in the same class; but all militia men removing as aforesaid, and not pro- ducing such certificate, shall be enrolled by the captain of such district, so that he may be first called into service, and such person shall be bound to serve accordingly. § 16. Be it further enacted, That each battalion, shall Colors, how to have a stand of colors, to be provided by the field officers be provided. of the regiment, with the number of battalion, regiment, brigade and division inserted thereon : and each company with a drum and fife or bugle horn, to be provided by the officers of the company, who shall be compensated there- for, as hereinafter provided. [ 15 ] Whereas it is provided by the thirty-ninth section of an TERRITORIAL LAWS, 1813-14 383 act of Congress, entitled "an act regulating the post-office establishment," passed the thirtieth of April, one thou- sand eight hundred and ten, that the adjutant-general of the militia of each State and Territory, shall have a right to receive by mail, free of postage, from any major or brigadier general thereof, and to transmit to such gen- erals, any letters or packets, relating solely to the militia of such State or Territory : Provided always, That every such officer, before he delivers any such letter or package for transmission, shall in his own proper hand writing, on the out side thereof, endorse the nature of the papers enclosed and thereto subscribe his name and office, and shall previously furnish the postmaster of the office where he shall deposit the same, with a specimen of his signa- ture, and if any officer shall frank any letter or package, in which shall be contained any thing relative to any other subject than of the militia of such State or Terri- tory, every offender shall on conviction of every such offence, forfeit and pay a fine of fifty dollars therefor. § 17. Be it further enacted, That the election of all officers below a colonel, shall be certified by the judges Elections of of- of the election, or officer who presides at the same (as ficershowcer- the case may be) to the commandant of brigade to which tified. they may respectively belong, who shall certify all such elections, together with the election of colonels, within his brigade, franked, to the adjutant-general, who shall lodge such returns in the office of the se- [ 16 ] cretary of the Territory, and shall forthwith, after the commissions issue, enclose them, franked, to the com- mandant of the proper brigade, or division ; he shall also enclose, frank and transmit by mail, to each major gen- eral, or brigadier general, all papers and packages, relat- ing solely to the militia of this Territory, from his own office, or the office of the secretary of this Territory, and receive in like manner all such papers and packets from said generals. 384 INDIANA HISTORICAL COLLECTIONS § 18. Be it further enacted, That there shall be a mus- Musters, ter of each and every company, which now exists or shall be erected, by the provisions of this act, on the first Sat- urday of April and September, in each and every year, and in like manner the first battalion of each first regi- ment shall meet on the second Saturday of April, the second battalion of said regiment on the third Saturday; the first battalion of the second reg-iment, on the fourth Saturday, and the second battalion on the succeeding Sat- urday in each and every year; and when there shall be more than two regiments to a brigade, the battalion mus- ters shall be holden in succession as aforesaid, leaving one week only between each muster : Provided, That when there may be an odd battalion to any brigade, the muster thereof shall be last held in like succession ; and the first regiment of each brigade, shall muster on the second Sat- urday in September, and shall continue to perform mili- tary evolutions and exercise agreeably to the military discipline of the armies of the United States, and such other evolutions as the [ 17 ] commandant thereof may direct, from ten o'clock A.M. until three P.M. The second regiment shall in like man- ner, meet on the succeeding Saturday ; and if there should be more than two regiments to any brigade, such regi- ments shall muster according to their numbers, in suc- cession as aforesaid, leaving one week only between each muster : and if there should be an odd battalion attached to any brigade, it shall last muster in like succession as aforesaid; and the regiments or battalions so to meet, shall perform all and singular, the duties required by this section, of the first regiment aforesaid: Provided, That the commandant of each regiment, battalion or company, may call a meeting of their respective regiments, bat- talions or companies, at any other time, when in their opinion the exigency of the case may require, or when ordered so to do by a superior oflficer. TERRITORIAL LAWS, 1813-14 385 § 19. Be it further enacted, That the brigadier gen- eral, or commandants of brigades, shall call the commis- Brigade drill sioned and staff officers of their respective brigades to- muster. gether, once in each and every year, for the purpose of having them exercised, agreeably to the military disci- pline of the armies of the United States, and such other evolutions as he may direct, by giving forty days previous notice thereof to the colonels, who shall give thirty days previous notice thereof to each major and staff officer of his regiment, and the major shall give twenty days pre- vious notice thereof to the commanding officers of com- panies, who shall give ten days notice of the same to his subalterns ; at which time [ 18 ] and place, such brigadier general, or commandant of bri- gade, shall attend, and superintend the exercise, from ten o'clock, A.M. of the day of meeting, until three o'clock P.M. of the succeeding days ; the officers to perform camp duty during the night : Provided, That at all musters the officer highest in rank present, shall have a right to com- mand. § 20. Be it further enacted, That the commandants of companies, shall each appoint the place for holding his places of mus- company muster; the commandants of battalion, shall teringby each appoint the place of holding the musters of his whomap- battalion ; the commandants of regiments, shall each ap- pointed, point the place of holding his regimental muster ; and the commandants of brigades, shall each appoint the time and place of holding officers' musters in his brigade; which shall be as near the centre of the respective districts, as the ground and the circumstances will admit: Provided, That where the local situation of the officers of any bri- gade, renders it inconvenient for them all to meet at one place, they may be detached and mustered on different days, in such manner as the commandant thereof may judge expedient. 26—49011 386 INDIANA HISTORICAL COLLECTIONS Company dis- trict remotely situated how to exercise. § 21. Be it further enacted, That when the centre of any company district, shall be a greater distance than fifteen miles from the place of holding the muster of the battalion or regiment to which such company may belong, the commandant of said battalion or regiment, may, if he think proper, direct such company, or companies, re- spectively, to meet on the day appointed by this act for the meeting of such battalion or regiment, Brigade dis- tricts, how made or alter- ed. Regimental districts how made or alter- ed. [ 19 ] at the place of holding their respective company musters, and shall exercise, under the command of their company officers, the same length of time, and in every respect per- form the same duty, as the battalions and regiments to which they respectively belong are by this act required to exercise and perform. § 22. Be it further enacted, That whenever it becomes necessary, from any increase of population or other cir- cumstances, to create new, or alter old brigade districts, the general and field officers of the division to which such brigade belongs, or a majority of them, in which such bounds are to be altered, shall meet, under the direction of the commanding officer of the division, who shall at- tend such meeting, and make such alterations, or create new districts, as may be thought necessary, and transmit a copy of such alterations forthwith to the first aid-de- camp of the division, who shall record the same. In like manner the field officers of any brigade, or a majority of them, shall have power to alter old, or create new regi- mental districts, who shall meet for that purpose, under the directions of the commander of the brigade, who shall attend such meeting in person. And all alterations thus made, shall be recorded by the clerk of the respective regiments. Also, in like manner the field officers and captains of a regiment, or a majority of them, may alter or create new battalion districts; to meet for that pur- pose, under the direction of the commanding officer of the regiment, who shall attend such meeting: and also, the commissioned officers of a battalion, or a TERRITORIAL LAWS, 1813-14 387 raised. [ 20 ] majority of them, may meet, under the direction of the commanding officer of the battalion, for the purpose of creating new, or altering old company districts; and all alterations thus made, shall be recorded by the clerk of the regiment : Provided, That no alterations, or division, made as aforesaid, shall reduce an old, or set off a new brigade, below the number of one thousand rank and file, or in any case reduce an old, or create a new regiment, below the number of two hundred and sixty rank and file. § 23. Be it further enacted, That there may be one company of artillery, and one troop of horse, attached to Volun- each regiment, where either or both of said companies teer corps, can with convenience be raised and equipped within such ^^^ ^^ be regiment; to be raised by voluntary enrolment, in such manner as shall be directed by the commandant thereof ; and one company of riflemen, light infantry or grena- diers, to each battalion, when in the opinion of the com- mandant thereof, either of said companies can be raised without reducing the district companies below the num- ber of forty privates ; also to be raised by voluntary en- rolment, in such manner as the commandant of the bat- talion shall direct ; each of said companies to be composed of men between the age of eighteen and forty-five years ; and the commanding officer of the regiment or battalion (as the case may be) shall direct elections to be held for company officers as in other cases, agreeably to the provi- sions of this act, and shall return the names of the offi- cers so elected in like manner to the commandant of the bri- How officered and equipped. [ 21 ] gade; and the said companies, when raised, shall wear, while on parade, such uniform as may be agreed upon by a majority of the company; and the officers, when commissioned and qualified, shall proceed to appoint their non-commissioned officers and musicians, and from time to time shall fill such vacancies as may happen in their 388 INDIANA HISTORICAL COLLECTIONS When to be equipped. Company of artillery, of whom com- posed. companies : Provided, That it shall not reduce the district companies in said battalion, or regiment, below the num- ber aforesaid. And when any captain of artillery, troop of horse, light infantry, grenadiers, or riflemen, shall enrol any person out of any company, he shall forthwith notify the commanding officer of the company from which such person was enrolled, in writing; and if it shall be made to appear that such company was reduced below the number aforesaid, the commanding officer of such light company shall order the person so enrolled back to the company from which he was enrolled : Provided, That if all light companies, that are now organized or may here- after be raised or organized, shall not equip themselves as the law directs, within six months after such organ- ization, such company, or companies, shall, without good cause shewn to the contrary, be re-attached by the colonels of regiments, or commandants of battalions, to the companies in whose districts they shall in all re- spects be subject to the same rules, regulations and order, as the rest of the militia, except as herein after excepted. § 24. Be it further enacted, That to every company of artillery, there shall be one captain, two lieutenants and one ensign, four Troop of horse of whom com- posed. [ 22 ] sergeants, four corporals, six gunners, six bombardiers, one drummer, one fifer, and not less than twenty, nor more than thirty matrosses; the non-commissioned offi- cers shall be armed with a sword or hanger, and each private or matross, shall be armed with a fusee, bayonet and belt, with a cartridge box to contain twenty-four cartridges suited to the bore of his fusee, and one piece of artillery to each company ; and to each troop of horse, there shall be one captain, two lieutenants, one comet, four sergeants, four corporals, one saddler, one farrier, one trumpeter and not less than thirty, nor more than sixty privates; the commissioned officers shall furnish themselves with good horses, saddles and holsters, and TERRITORIAL LAWS, 1813-14 389 shall be armed with a sword and a pair of pistols; and each dragoon shall provide himself with a serviceable horse, not less than fourteen hands high, a good saddle and holsters, bridle, mail pillion, a breast plate and crup- per, a pair of boots and spurs, or gaithers, and armed with a sabre, a pair of pistols and a cartridge box, to contain twelve cartridges; light infantry and riflemen. Light infantry there shall be one captain, one lieutenant, one ensign, four or rifle com- sergeants, four corporals, one drummer and one fifer, and P^^y ^°"^ not less than thirty, nor more than sixty-four privates; '^^"^P^^^ • the commissioned officers of such companies, to be armed with swords or hangers; and every company of grena- diers or light infantry, shall be armed with sufficient muskets or fusees, bayonets and belts, with a cartridge box to contain twenty-four cartridges, suited to the bore of their muskets or fusees, ; and each [ 23 ] company of riflemen shall be armed with good rifles, pouches or powder horns. § 25. Be it further enacted, That at battalion musters, each company of artillery and cavalry, shall meet and exercise with such battalion, as the commandant of the regiment to which they belong may direct. § 26. Be it further enacted, That every officer and sol- dier, shall appear at their respective muster grounds, when to ap- armed and equipped as the law directs, on the day ap- pear at muster, pointed, at eleven o'clock in the forenoon; and at every muster, each commandant of a company, shall direct a sergeant of his company, at half past eleven o'clock in the forenoon, to call the roll and examine every person When roll to belonging thereto, and note down all delinquencies oc- be called, curring therein, and make return thereof to the next court of enquiry to be holden for the purpose of assessment of fines; and at battalion or regimental musters, make return to the commandant of the battalion or regiment, (as the case may be) of the strength of his company, the number of rifles, muskets and fusees, bayonets, cartridge 390 INDIANA HISTORICAL COLLECTIONS How returns to be made. boxes, powder horns and pouches, on parade, agreeably to such forms as are laid down in the thirty-sixth section of this act ; and at each officer, regimental and battalion muster, court of enquiry, court martial, or board of offi- cers, the officer highest in command present, shall at an hour after the time appointed for such meeting, call the names of the officers whose duty it is to attend, note down the delinquents and make return thereof to the next regi- mental court of enquiry and assessment of fines. Persons wish- ing to be exempt, how to proceed. [ 24 ] § 27. Be it further enacted, That if any by-stander at any muster or at any meeting of officers, required by this act, do insult, or otherwise molest, any officer or soldier, the commanding officer may order such person to be put under guard, for any time not exceeding six hours. § 28. Be it further enacted, That all persons wishing to be exempted from military duty, on account of bodily infirmity or disability, shall make oath or affirmation, (as the case may be) before a justice of the peace, that he believes himself incapable of performing militia duty, and shall present to the surgeon of the regiment to which he belongs, a copy of the same, who shall, on the receipt thereof, examine such person relative to his indisposition or disability; and if in his opinion the person thus ap- plying, is unable to perform militia duty, he shall certify to the next regimental court of enquiry, the name of the person thus applying, together with the nature of his complaint; and the person obtaining the surgeon's certifi- cate, shall pay him fifty cents, excepting those who have paid him for a certificate heretofore obtained; at which court such applicant shall attend, and be examined under oath, if required by the surgeon and court of enquiry; and if in the opinion of said court, such person is unable to perform military duty, the president of said court, or board, shall give such person a certificate of exemption, until his complaint shall be removed; and when a de- tachment shall be called into service, and shall have ar- TERRITORIAL LAWS, 1813-14 391 rived at the place of rendezvous, the commandant thereof shall [ 25 ] order a court of enquiry, to consist of not less than three commissioned officers, and who shall together with the surgeon of the regiment or detachment, examine all per- sons belonging to such detachment, making application, and shall grant certificates in the same manner, and under the same regulations, as regimental boards are authorized to do by this section. No person heretofore exempted from militia duty, on account of any actual or alleged bodily infirmity or disability, shall hereafter be exempted by such exemption, unless he complies with the requisi- tions of this section. § 29. Be it further enacted, That when any person shall be exempted as aforesaid, they shall not be eligible to hold any office in the militia of this Territory. § 30. Be it further enacted, That the following per- sons shall be exempt from military duty: all ferrymen, who shall be necessarily employed at a ferry on a post road, all minis- exempt from ters of the Gospel, regularly ordained or approved and duty, recorded, according to the rules of their respective churches, during such time as they shall continue in the exercise of the duties of their respective profession and occupation. § 31. Be it further enacted, That it shall and may be lawful hereafter, for any person or persons, who are con- Conscientious- scientiously scrupulous of bearing arms, in lieu of mill- ly scrupulous tary services, in time of peace, to pay to the person ap- how to pro- pointed to collect the territorial taxes in each county, the ^^^^' sum of five dollars each year, taking the said collector's receipt therefor; which receipt shall exonerate and ex- D [ 26 ] empt the holder thereof, from military service for that 392 INDIANA HISTORICAL COLLECTIONS year, and no longer; and that on payment of a like sum, in like manner annually, the said person or persons, pay- ing the same, shall be and are hereby exempted from militia duty. And it shall be the duty of the said collec- tors to pay over the same to the paymaster of the proper regiment, for the use of the same. § 32. Be it further enacted, That the captains, or com- manding officers of companies, on enrolling the different persons subject to do militia duty within their several bounds, shall omit enrolling all and every person who produces to him the collector's receipt as aforesaid, and shall consider him or them as exempt from militia duty, for that year for which the said tax shall have been so paid, and no longer; and it shall be the duty of all and every person claiming exemption by virtue of his said receipt, or by virtue of his having paid the said tax, to make the same known to the captain or commanding offi- cer of the company within whose bounds he or they may be or reside, on the first day of April next, and on or before the first day of April annually thereafter, other- wise he or they shall be subject to enrolment and duty, as all other persons are, or may hereafter be; and it shall be the duty of the captain, or commanding officer, within whose bounds such person or persons as aforesaid shall claim exemption, by virtue of the payment of taxes as aforesaid, to transmit to the paymaster of the proper regiment, a list of all persons who may have so paid the said taxes; which list, certified [ 27 ] by the said officer, shall be a sufficient voucher to charge the several collectors therewith. § 33. Be it further enacted, That the following for- Penalties for feitures and penalties shall be incurred for delinquencies, delinquencies, viz. by the commandant of a division, for neglect of any of the duties enjoined on him by this act, not less than twenty, nor more than two hundred dollars; by the com- mandant of a brigade, for neglect of any orders of his TERRITORIAL LAWS, 1813-14 393 superior officer, or any other duties enjoined on him by this act, not less than fifteen dollars, nor more than one hundred and fifty dollars ; by the commandant of a regi- ment, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than ten, more more than one hundred dollars; by the commandant of a battalion, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than eight nor more than eighty dollars ; by the commandant of a company, for neglecting of any of the duties enjoined on him by this act, not less than five dollars, nor more than fifty dollars; by a sub- altern officer, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than four, nor more than forty dollars; by an adjutant-general, or quartermaster general, or either of the aids-de-camp to the commander in chief, for neglect of any orders of his superior officers, or any of the duties enjoined on him by this act, not less than twenty, nor more than one hundred dollars; by an aid-de-camp to a major ge- [ 28 ] neral, brigade inspector, or brigade quartermaster, for neglect of any orders which he may receive from his superior officers, or any of the duties enjoined on him by this act, not less than eight, nor more than eighty dollars ; by a surgeon, for neglect of any orders of his superior officers, or any of the duties enjoined on him by this act, not less than five, nor more than fifty dollars; by an adjutant, quartermaster, clerk, paymaster, or sur- geon's mate, for neglect of any orders of his superior officers, or any of the duties enjoined on him by this act, not less than four, nor more than forty dollars ; by a non- commissioned officer, or any of the regimental staff offi- cers not enumerated in this section, for neglect of any of the orders of his superior officers, or any of the duties enjoined on him by this act, not less than two, nor more 394 INDIANA HISTORICAL COLLECTIONS For appearing without arms. than twenty dollars; by a private, failing or neglecting to attend any regimental muster during the whole time the same is on parade and duty, one dollar and fifty cents ; by an officer, as above enumerated, for neglecting to meet at the time appointed for mustering without their proper arms, as is recited in the first section of this act, if a field officer, he shall be fined in a sum not exceeding five dollars, if a company officer, he shall be fined in a sum not exceeding two dollars, if a staff officer, he shall be fined in a sum not exceeding tAvo dollars; to attend a muster of his battalion in like manner, at the time and place appointed, one dollar; a private to attend in like manner, a muster of his company, at the time and place appointed, one dollar; for attending a regimental Fathers and guardians bound for fines. [ 29 ] muster, without a sufficient musket, rifle or fusee, thirty seven and an half cents; for attending a muster of his battalion, without a sufficient rifle, musket or fusee, thir- ty-seven and an half cents; for attending a muster of his company, without a sufficient rifle, musket or fusee, twenty-five cents; for attending a regimental muster, without either a cartridge box or powder horn, and bullet pouch, twelve and an half cents ; without shewing a suffi- cient excuse. Fathers shall be bound for the payment of fines incurred by their sons under the age of twenty- one years; guardians for the payment of fines incurred by their wards, and masters for their apprentices, to be charged and collected by the collector of fines, accord- ingly : Provided, That when distress and sale of property is made to satisfy fines incurred by the provisions of this act, and the persons from whom the same is collected, refuse to accept of the overplus, if any, and account therefor, shall be returned by the collecting officer, at the same time and in the same manner he is required to return fines; and such officer, shall also pay over such overplus so remaining in his hands, to the paymaster of the regiment, in whose custody it shall remain, as a credit TERRITORIAL LAWS, 1813-14 395 to the person from whom it may have been collected, to be appropriated from time to time to the payment of any future fine or fines, which may thereafter be as- sessed against such person, subject always to be paid over by the paymaster, if demanded by the person, or his order, whose property has been sold for the same; and if such collecting officer, at any time [ 30 ] fails in making a proper return or returns of his war- rants or lists, or does not pay over any monies by him collected, agreeably to the provisions of this act, he shall be proceeded against at the suit of the proper paymaster, either on motion in open court, or by action before any magistrate or other court having cognizance of the case. § 34. Be it further enacted, That if any non-commis- sioned officer or private, shall make it appear to the sat- isfaction of the officers of the company to which he belongs, that he is unable to furnish or equip himself, as by this act required, the said officers shall exempt such non-commissioned officer or private from the fines imposed by this act, for want of such arms and accoutre- ments, until, in the opinion of the officers of the com- pany to which he belongs, he is able to furnish and equip himself agreeably to law. § 35. Be it further enacted, That the commissioned officers of each company, shall meet at ten o'clock A.M. on the Thursday next succeeding their respective Sep- tember company musters, at or near the place where the said musters were held, for the purpose of holding a court of enquiry and assessment of fines, for such delin- quencies as may have accrued in their respective com- panies, since the last regimental muster, and shall keep a fair record of their proceedings, and make out there- from two certified lists of the names of the persons fined, annexing to each name the amount of fines assessed for delinquencies at each muster; one of which lists shall be posted up at the place of holding such court of enquiry, and the Non-com- missioned offi- cers and pri- vates unable to equip exempt from fine. Court of en- quiry and as- sessment of fines in each nompany. 396 INDIANA HISTORICAL COLLECTIONS Comman- dants of bat- talions to hold a court of enquiry. Comman- dants of regi- ments to hold a court of enquiry, as- sess fines, &c. also a court of appeals. [ 31 ] other laid before the next regimental court of enquiry, to which court any person who may think himself ag- grieved, may appeal, and said regimental court of enquiry may, for good cause shewn, remit such fines. § 36. Be it further enacted, That the commandants of battalions, to which the commissioned officers of com- panies, in their respective battalions, shall meet at eleven o'clock A.M. on that day week, next succeeding their re- spective battalion musters, at or near the place where such musters were held ; and said officers, or any three of them, shall hold a court of enquiry and assessment of fines, at which time and place the clerk of the regiment shall attend, who shall keep a record of the proceedings of said court, and make out two lists of the names of the persons fined, with the amount of the fines assessed on each, one of which shall be posted up at the place of holding such court of enquiry, and the other shall be laid before the next regimental court of enquiry, by the com- mandant of the battalion, to which regimental court any person who may think himself aggrieved may appeal, which court may, for good cause shewn, remit such fines ; and a commanding officer of each regiment, together with the commandants of battalions and companies, shall meet at nine o'clock on that day week next succeeding their respective regimental musters, at or near the place where such muster was held, and the said officers, or any three of them, shall hold a regimental court of enquiry and assessment of fines, and also a court of appeals: Pro- vided, That where the centre of [ 32 ] any company district shall be a greater distance than fifteen miles from the place of holding the muster of the battalion or regiment to which such company may be- long, the commissioned officers of any such company, or a majority of them, shall, respectively, on that day week after the day of muster, hold a court of enquiry and TERRITORIAL LAWS, 1813-14 397 assessment of fines, at or near the place where such muster was held; which fines shall be collected and ap- plied as other fines under the provisions of this act ; said officers to appoint a clerk, who shall keep a record of their proceedings; and each commandant of such com- pany, shall make a return of his company to the com- mandant of such battalion or regiment, as the case may be, within ten days after such company muster, agree- ably to the provisions of the thirty-fifth section of this act: And provided also, That in all cases where it is necessary to administer an oath or affirmation, to carry \ into operation any of the provisions of this act, any offi- i cer, duly commissioned and qualified, is hereby author- ? ized to administer such oath or affirmation. [ § 37. Be it furthe?' enacted, That the fines assessed at all regimental courts of enquiry for delinquencies, either Fines how at officer musters, any board of officers, or at the regi- collected, mental musters, and also all fines assessed at company or battalion courts of enquiry, which are not remitted at said regimental court of enquiry, shall be collected as follows: the presiding officer of each regimental board, shall cause the clerk of the regiment to keep a record of the proceedings of [ 33 ] the board, and make out therefrom a certified list or lists, of the names of persons fined, with the amount of such fine or fines annexed to each name; which list or lists, when certified by the presiding officer, shall be by the clerk of the regiment delivered to the sheriff of the county; and if in the opinion of the commandant of the regiment, or of any subsequent regimental board of offi- cers, it should be proper to appoint another collector for the purpose of collecting fines, as aforesaid, it shall be lawful for such commandant or board to appoint another, or others, for such purpose; and any such list shall be a sufficient warrant for such sheriff, or other collector, to enable him or them to collect the sum due from each de- 398 INDIANA HISTORICAL COLLECTIONS linquent, in the same manner that he would be authorized to do on an execution for the like amount, with seven per centum on the amount of fines collected from each person, as fees of collection ; and any sheriff or collector, Paid to collecting any fines under the provisions of this act, shall paymaster. forthwith pay the same over to the paymaster of the regi- ment; which paymaster shall receipt for all monies so paid ; and the clerk of each regiment shall in like manner make out and forward to the paymaster of his respective regiment, a certified copy of the fines put into the hands of the sheriff or collector, as the case may be, for collec- tion; and if the sheriff or collector who is directed to collect any fines does not pay the same over to the pay- master of the regiment, within sixty days, the paymaster shall, before any justice of the peace, proceed against such sheriflf and securities, as E Clerks of regiments their du- ties. [ 34 ] in other cases; and the said sheriff and his securities, shall only be exonerated from the payment of the amount of such lists of fines, by shewing to the satisfaction of the said justice, that there was no property to be found whereof such fine or fines could be made: all fines col- lected as aforesaid, shall be drawn from the paymaster, and disposed of as the regimental board of officers may direct; and all fines assessed and collected from general officers, shall be collected and disposed of as the board assessing the same may direct: Provided, That for good cause shewn the next regimental court of enquiry may remit, and direct the paymaster of the regiment to pay back any fines assessed at the last regimental court of enquiry. § 38. Be it further enacted, That the clerks of regi- ments shall attend all courts of enquiry and courts martial held in their respective regiments, take minutes of the proceedings, receive all returns from the commandants of TERRITORIAL LAWS, 1813-14 399 battalions and independent companies in his regiment, and record the same in a book by him provided for that purpose; he shall also record the class rolls of each com- pany in the regiment, and shall furnish the persons ap- pointed to collect fines, with a list of all delinquents in his regiment, stating the court at which they were fined, and shall record the date of the officer's commissions in his regiment, the time of all resignations, and such other records as may be directed by the commandant of the regiments under the provisions of this act. The com- mandants of companies shall make returns to the majors, on the day of the bat- Comman- dants of companies and battal- ions to make returns when. Colonels and briga- diers to make returns and [ 35 ] talion and regimental musters ; and the majors shall make out complete returns of their battalions and deliver the same to the commandants of their regiments, at their next regimental court of enquiry to be holden after each regimental muster; and the commandants of regiments shall cause complete returns of their regiments to be made out under their inspection, and a copy thereof for- warded to their brigadier generals, on or before the first when day of November annually; and the brigadier generals shall in like manner cause returns of their brigades to be made out under their inspection, and certified copies thereof delivered to the major general of their divisions, on or before the first day of December annually; and the major generals shall in like manner make returns to the Major gene- adjutant-general, on or before the first day of January ralsdo. annually; and the adjutant-general shall make proper ab- stracts from such returns, and lay the same annually before the commander in chief of the Territory, and for- ward a duplicate of the same to the President of the United States: Provided always, That the adjutant-gen- eral shall be inspector-general. 400 INDIANA HISTORICAL COLLECTIONS [ 36 ] CJ w iB o S tc M " c C *-< ^ g 3 cc ~ t3 00 c a CD 03 CJ C O o a a T3 ._ o. o. c3 03 » V o U CO u a a o O C CQ -a a m a. a 00 -o o o o o "o i a t-> o o o o o o M « Q Ph ^ ^ ;z; ^ ^ Iz; COMPANIES. Arms, Ammunition and Accoutrements. CD 03 m o tc c t3 OQ CO 03 m X o « 3i CO 0) 03 o to' O .2 'S o3 a e o c" 03 CO 1- "3 to '3 bC ID m o to CD P- CO 03 03 'c3 CD CO _o o C 03 O d d p., fin u u K Oi CQ CQ > CC ^ ^ MEN. Arms, Ammunition and Accoutrements. CD l-> 03 03 o bC c -5 _3 a c 03 s d Iz; s o 03 & o PL, u C3 -a o "o to O a "o d iz; T3 03 03 "o CD -t3 C o a d ;z; CD o CD a CD O -a CQ CD o en CJ 03 CO C 03 C w CD G u O a — 3 CQ • CD 'c 03 a a o O d CD CQ 03 CO O d w ^ 09 CQ oO-o g o c B C^ ►^ Q)-a el w o'o c'o'5 E e £ p E TERRITORIAL LAWS, 1813-14 401 § 39. Be it further enacted, That the adjutant-general shall distribute all orders from the commander in chief Adjutant to the several corps, attend all public reviews, when the general his commander in chief shall review the militia, duties. [ 37 ] or any part thereof, obey all orders from him relative to carrying into execution and perfecting the system of mili- tary discipline established by this act; the brigade in- Brigade in- spector shall attend all musters of officers within his bri- spector his gade, to exercise and examine them, to note delinquents ^^*i®s. and return the same to the commanding officer of the regiment to which they belong; to attend all regimental and battalion musters of the militia composing their bri- gade, during the time of their being under arms; to in- spect their arms, ammunition and accoutrements, and obey such orders as they shall from time to time receive from the commander in chief, or commandants of divi- sions or brigades to which they belong; and shall in all respects attend to the delivering of general orders, and making out returns of their brigades; and the adjutants Adjutant of regiments shall in like manner attend all musters of his duty, officers in their respective regiments, all battalion or regi- mental musters, deliver all general or regimental orders, attend to making out and delivering regimental returns, and obey such orders as they shall from time to time re- ceive from the commandants of their respective regi- ments. The paymaster of each regiment shall attend Paymaster their regimental courts of enquiry, and shall lay before his duty, the board an account of the state of the finances of the regiment, stating particularly all monies received and paid out, with his several proceedings relative to the duties of his office, which shall be compared with the books of the regiment; and said paymaster shall give bond with sufficient security to the com- [ 38 ] mandant of the regiment, in the sum of two thousand 27—49011 402 INDIANA HISTORICAL COLLECTIONS Adjutant general his allowance. Brigade in- spector his allowance. Militia how called into service. dollars, conditioned for the faithful performance of his duty. § 40. Be it further enacted, That the adjutant-general shall be allowed, in times of war fifty dollars, in times of peace twenty-five dollars, annually, to be paid out of the territorial monies by the treasurer ; and each brigade in- spector the sum of five dollars annually, for each bat- talion in the brigade to which he belongs, on the certifi- cate of the brigadier general, to be paid out of the militia fines in each regiment or independent battalion, paying their equal proportion, by the paymasters in their respec- tive regiments or independent battalions; the adjutants, clerks, paymasters, provost marshal, the drum and fife major, and other drummers and fifers of each regiment, shall receive such compensation for their services as the regimental courts of enquiry may from time to time think proper. § 41. Be it further enacted, That whenever it may be necessary to call into actual service any part of the militia of this Territory, on an actual or threatened in- vasion of this Territory, or any of the neighboring States or Territories of the United States, the commander in chief shall forthwith demand from each division a detach- ment in proportion to the strength thereof, except as here- in excepted; which orders shall be delivered by a special messenger to the several commandants of divisions, spe- cifying the number required from each division, the time and place of rendezvous, if ordered to march; and the several commandants of di- [ 39 ] visions, after receiving such notice, shall proceed forth- with, agreeable to the provisions of this act, to detach the same: Provided, That whenever the safety of any of the frontier settlements of this Territory shall in the opinion of the Governor require it, he may exempt the § 41, 1. 8. In the enrolled act the word "after" appears between the words "in" and "excepted." — Ed. TERRITORIAL LAWS, 1813-14 403 militia in such settlements from being called into service, and make such further provisions for their defence as the necessity of the case may require; which exemption shall be expressed in his orders to the commandants of divisions, who, together with the commandants of bri- gades, regiments, battalions and companies, shall govern themselves accordingly: And provided also, That such militia men may be required to serve as spies on their own frontiers, and that on an actual invasion or any extreme emergency, the commander in chief, comman- dants of divisions, brigades, regiments, battalions or com- panies, may call out the whole or any part of the militia under their respective commands, as the nature of the case may require, who shall continue in service, if neces- sary, until the militia can be regularly called out; and all manner of persons so called and refusing to serve, shall be liable to the same penalties, as if they had been regularly called to serve in their proper classes; and the service of the person so called out, shall be accounted a part of their tour of duty. § 42. Be it further enacted, That each infantry com- pany of the militia of this Territory, shall be divided into eight classes, preserving to each man his original class, and when called into service, shall be regu- Light com- panies to be classed, and how to do duty. [ 40 ] lated accordingly ; the first class serving on the first tour of duty, and so on, in succession, agreeably to their num- bers ; all companies of artillery and troops of horse shall be called into service, by companies, under their own proper officers, in the following manner, viz. the first or oldest company in the Territory, shall serve on the first tour of duty, and so on in succession, agreeably to their rank, recording the same from the date each company was first raised and organized ; and all companies of light infantry, grenadiers and riflemen, shall also be called into service, by companies, under their own proper officers, to be ranked, throughout the division to which they be- 404 INDIANA HISTORICAL COLLECTIONS OflBcer neg- ligent in furnishing his quota for service. long, the first flank company in each division serving on the first tour of duty, and so on in succession through- out the division, agreeably to their ranks, recording the same from the date each company was first raised and organized : Provided, That a proper credit shall be given to all such companies as have already served a tour of duty. § 43. Be it further enacted, That if any commanding officer of a company shall refuse or neglect to make a list of the persons noticed to perform any tour of duty, and convey the same to the colonel or commanding officer of the regiment to which such company may belong, or if he shall, from time to time, be legally called from his company upon any call from the governor or his superior officer, or on an invasion or insurrection in this Territory, or failing on any such occasion to repair to the place of rendezvous, for such neglect or refusal he May serve by substitute. Officers to serve on tours agree- ably to the dates of their commissions. [ 41 ] shall be cashiered, and fined at the discretion of a court martial, in any sum not exceeding two hundred and fifty dollars, nor less than fifty dollars. § 44. Be it further enacted, That any person called on to perform a tour of duty, may serve by a sufficient sub- stitute, to be approved by the captain or commanding officer of the company to which he may be offered to serve in ; but if such substitute should be called in his own turn, into actual service, before the term expires which he was to serve for his employer, the person employing such sub- stitute shall march or find a persen to march in his substi- tute's turn, to be accepted as aforesaid, or be liable to all the penalties incurred by persons refusing to serve when called on tours of duty. § 45. Be it further enacted, That for the purpose of having the militia, when called by classes, properly offi- cered, the following order is hereby enjoined ; that is to say, all major generals shall sei've on tours of duties agreeable to the dates of their respective commissions, if TERRITORIAL LAWS, 1813-14 405 the detachment required from the Territory amounts to a major general's command; and brigadier generals shall also serve agreeably to the dates of their respective com- missions, successively, throughout the Territory; and all colonels and majors of division shall be called into service agreeably to the dates of their respective commissions, the oldest colonel and two oldest majors in each division, to serve on the first call, and so on successively through- out the division, agreeably to the dates of their commis- sions ; but in case the commis- [ 42 ] sions of any two or more officers of the same grade in the Territory, should bear the same date, the commander in chief, or the adjutant-general, shall determine by lot, which of said officers shall first command, and notify them accordingly; and captains and subalterns in each regiment shall be classed as follows, that is to say, for the First draft, 1st capt. 2 lieut. 4 ensign. 2 2 1 3 3 3 4 2 4 4 3 1 5 5 6 8 6 6 5 7 7 7 8 6 8 8 7 5 reckoning the same from the dates of their respective commissions : Provided, That where there may be an odd battalion in any brigade, the company officers shall be classed in like manner. All regimental staff officers to Staff offi- take tours of duty with the colonels of their respective cerstotake regiments; brigade staff officers, with their respective tours of duty brigadier generals; and division staff officers, with their ^ ^^ respective major generals; and non-commissioned officers officers, of companies in the following manner, viz. the first ser- geant, first corporal and musician, to take tour with the 406 INDIANA HISTORICAL COLLECTIONS How long they shall serve. captains of their respective companies ; and the third and fourth sergeants, and the third and fourth corporals, to take tour with the lieutenants, and the second sergeant and second corporal with the ensign ; all of which officers and privates, shall serve, when called into actual sei*vice, six months, if not sooner How a detach- ment shall be organized for service after rendezvoused. [ 43 ] dismissed, from the time they arrive at the first place of rendezvous, and no longer, and to be relieved by the class next in numerical order; the second to arrive at least three days before the expiration of the tour of the class to be relieved. § 46. Be it further enacted, That when any detach- ment of the militia shall be called into service, the captain or commandant of each company, shall take care that his proportion of men are assembled and marched to the proper place of rendezvous, under the care of a commis- sioned officer or sergeant, with a list of the men, which list shall be delivered to the adjutant of the regiment, and he shall make out a roll of the whole, the rank of the non- commissioned officers, and names of the privates; and when the detachment shall be completed and placed under the proper officer, he shall attend them to the place ap- pointed for the meeting of the detachment of the brigade, when the several adjutants shall deliver to the brigade major, or the officer appointed to command the whole detachment, a complete roll, containing the names of the commissioned and non-commissioned officers and privates composing the detachment, from each regiment or bat- talion, noting such remarks as circumstances may re- quire; and it shall be the duty of the officer appointed to the command of such detachment, to cause two complete rolls to be made out and certified under his hand, one of which rolls he shall transmit forthwith to the adjutant- general, and the other to the brigade inspector. TERRITORIAL LAWS, 1813-14 407 [ 44 ] § 47. Be it further enacted, That the persons of all non-commissioned officers and privates, who shall actually perform a tour of duty, shall be exempt from arrest, and their property from distress and sale, under any civil process, from the time they are legally notified to march on a tour of duty, and until they shall have reasonable time to return to their respective homes. § 47. Be it further enacted, That if any detachment of militia shall be drafted, or shall volunteer their services, under a call of this Territory, v^hen they arrive at the place of rendezvous, the commandant shall appoint three persons, who shall on oath or affirmation, appraise the privates' arms, accoutrements, horses and equipage, which may belong to such detachment; and said ap- praisers shall give each person a certificate of the prop- erty for him appraised, with the amount of the appraise- ment ; and the said commandant shall transmit a certified statement of such appraisement to the office of the secre- tary of the Territory ; and the appraisers aforesaid, shall receive a compensation of one dollar each, for every day they may be so employed, to be drawn from the treasury of this Territory, on the certificate of the commandant of said detachment; and if any of the said property shall be lost (the owner using due diligence to preserve the same) the amount of such appraisement shall be paid to such person, his heirs or assigns, out of the territorial treasury. § 48. Be it further enacted, That where a detachment of militia shall be required to Property ex- empt from distress and persons from arrest when notified to march. When rendez- voused pri- vate property appraised. [ 45 ] go into service, under a call of the Territory, the com- Detach- mandants of brigades, regiments or battalions, (as the mentstobe case may be) from whom a detachment may be required, furnished shall (if to be procured on reasonable terms) employ for with a waggon, the use of each company so required to march from their dri^r^or pack respective commands, a waggon, team and driver, or a horses. 408 INDIANA HISTORICAL COLLECTIONS driver and four pack horses ; and the commandant afore- said, shall stipulate with the owner or owners, for a cer- tain sum per day, to be paid to him or them for services to be rendered by such waggon, team and driver, or drivers or pack horses, during the time they may remain in such service, and give to the owner or owners afore- said a certified copy of the agreement so entered into, therein specifying the sum or sums per day promised to be paid for said services ; and the officer commanding the detachment, while in service, shall at the time of discharg- ing the same, give or transmit to the owner or owners of such waggon, or team, or pack horses, a certificate of the service rendered by said waggon and team, or pack horses, stating the price of hire per day, and the sum total such persons may be entitled to receive for said services, directed to the territorial treasurer, who shall, on receipt of such certificate, issue bills, as in other cases, in favor of the person or persons entitled to the same; and the treasurer of the Territory shall pay the amount of such bills out of any monies in the treasury not other- wise appropriated. § 49. Be it further enacted, That the commandants of brigades, regiments or battalions from which detach- ments are drawn, if Pack horses, axes and camp kettles to be purchased if they cannot be hired. [ 46 ] not to be obtained by hire, shall cause to be procured by purchase, for each company, four pack horses, six axes, and six camp kettles, or pots, of a convenient size, all of which shall be delivered to the commandant of the com- pany, for the use of such company ; and the commandant of such company, shall receipt for such articles to the officer who purchased the same, who shall cause all prop- erty by him purchased to be appraised by three respect- able persons, on oath or affirmation, before the same shall be sent away, and shall give the person from whom any article may have been purchased, a receipt therefor, to- gether with a certificate of the appraised value, signed TERRITORIAL LAWS, 1813-14 409 by the appraisers ; and the person from whom such prop- erty may have been purchased, shall be entitled to receive for said property the amount of such appraisement, and the territorial treasurer, on the receipt of such appraise- ment, shall issue bills, as in other cases, in favor of the person or persons entitled to the same ; and the treasurer of the Territory shall pay the amount of such bills out of any monies in the treasury not otherwise appropri- ated ; and when the public shall have no further necessity for said property, the governor shall direct the same to be disposed of, and shall cause all monies arising from the sale thereof, to be paid into the territorial treasury, and the treasurer's receipt to be taken therefor; which receipt shall be filed in the secretary's office. Whenever public property shall be placed in the care of an officer, such officer shall be accountable for all losses sustained by his misconduct [ 47 ] or neglect; and the adjutant-general shall prosecute a suit against such ofi'ender, and recover damages for the use of the Territory, unless such damage is paid on demand ; and all monies thus received, shall be paid into the terri- torial treasury, as above directed. § 50. Be it further enacted, That when detachments of militia are called into actual service, and cannot other- Purchasing wise be provided with rations, forage, &c. the comman- commissary dant thereof shall appoint a purchasing commissary, who appointed, shall, before he enters on the duties of his appointment, take and subscribe the following oath or affirmation: "You, A. B. do solemnly swear (or affirm, as the case may be) that you will purchase and provide provisions for the detachment, under the command of on the best terms for the public, that the exigencies of the case will allow of, and in all respects perform, according to the best of your judgment and abilities;" and such purchasing commissary shall procure provisions, forage, &c. for said detachment, until they can be furnished by 410 INDIANA HISTORICAL COLLECTIONS a regular contractor or purchasing commissary, and shall give receipts to all persons from whom he may procure provisions as aforesaid, stating therein the quality, quan- tity and price of the articles thus purchased, together with a pertinent designation of the detachment for whose use such purchase may have been made; and such pur- chasing commissary, on the close of the tour of the de- tachment for which he may be appointed, or when his appointment shall or may cease, shall forthwith transmit to the treasurer of [ 48 ] the Territory a correct account of his purchases, and the number and amount of his receipts, given by him, and the person receiving such voucher shall apply to, and receive from the territorial treasurer, the amount thereof, in the same manner as is provided in the forty-eighth section of this act, in case of purchases; and the commandants of detachments as aforesaid, shall also appoint an issuing commissary, who shall likewise serve until superseded, and shall be governed by the rules and regulations of the armies of the United States, in such cases made and provided. § 51. Be it further enacted, That when any detach- Volunteers ment of militia shall be called for, with a view to go into to choose actual service, either under the authority of this Terri- theirof- tory, or of the United States, if a number of men sufR- "' cient to form a company, to consist of from fifty to one hundred, shall volunteer their service from one battalion, regiment, brigade, or division, they are hereby author- ized to choose by ballot officers for said company, at such time and place as the commanding officer of such bat- talion, regiment, brigade, or division, shall direct; at which time and place the commanding officer aforesaid shall attend, and take to his assistance two persons, who, together with himself, shall be judges of such election, who shall certify to the persons having the highest num- ber of votes, that they were duly elected and chosen offi- TERRITORIAL LAWS, 1813-14 411 cers of said companies ; and in like manner, when a suffi- cient number of companies shall so volunteer, in any brigade or division within this Territory, to form a [ 49 ] battalion or regiment, the company officers chosen as aforesaid are hereby authorized to choose, in like manner, their major; and if two battalions shall so volunteer, the company officers, with the majors, in like manner may choose their colonel, at such time and place as shall be appointed by the general of division, or commander in chief ; and in like manner, if two complete regiments shall volunteer their services, as a part of the detachment re- quired of this Territory, they are in like manner author- ized to choose their general of brigade, at such time and place as the commander in chief may direct, under the superintendance of such person or persons as he may ap- point; and the certificate of the officers and judges who presided at such election, shall be sufficient authority to the officers thus elected, and shall supersede the necessity of any further commission for such tour of duty. § 52. Be it further enacted, That when any person shall volunteer his service, and perform a tour of duty, such services shall be recorded by the clerk of the regi- ment, and credited to such person as a tour of duty in the proper class to which he belonged at the time he entered on said tour of duty. § 53. Be it further enacted, That if any non-commis- sioned officer or private, shall desert whilst he is on a Desertion how tour of duty, and shall not be apprehended, and return punished, to join his company, if a private, he shall be fined not less than one hundred nor more than one hundred and fifty dollars, and be obliged to march on the next tour of duty under the same penalties as the first ; if a G [ 50 ] non-commissioned officer, he shall be degraded and placed 412 INDIANA HISTORICAL COLLECTIONS Persons notified to march on a tour and re- fusing, pun- ished by fine or imprison- ment. in the ranks, shall pay a fine not less than one hundred and fifty, nor more than two hundred dollars, and be obliged to serve another tour, as a private; and it shall be the duty of all commissioned officers in this Territoiy, to apprehend all non-commissioned officers and privates, belonging to any detachment of this Territory then in service, who has not a written furlough, signed by the commandant of his company, and countersigned by the commandant of the detachment. § 54. Be it further enacted, That if any non-commis- sioned officer or private, being legally notified, shall neg- lect or refuse to march on any tour of duty, armed and equipped as by this act required (unless such person shall be notified that arms will be otherwise furnished) he shall forfeit and pay, for every such offence, a sum of twenty dollars, for each and every month he is by law required to serve on such tour; and it shall be the duty of the commandant of the company to which such delinquent be- longs, within three days thereafter, to certify the same to the commandant of the proper regiment or battalion, who shall within ten days after receiving such notice, order and cause to convene a board of five commissioned officers, and shall give five days notice of the meeting of such board, by written advertisement, set up wuthin the bounds of the company where such delinquent did reside when notified, who shall hear and determine of such de- lenquencies; and they shall assess the penalty aforesaid on each [ 51 ] and every such delinquent, who does not render to them a sufficient excuse for such delinquency; and it shall be the duty of the clerk of the regiment to attend such board and record all their proceedings; and in case of the absence or inability of such clerk to attend the board, they shall appoint a clerk pro tem. who shall perform the duties aforesaid; and when said board shall have assessed any such fine, the commanding officer of the regiment or bat- TERRITORIAL LAWS, 1813-14 413 talion, shall issue his warrant, directed to the sheriff or coroner of the county in which such delinquent resides or his property may be found, commanding him to levy and collect said penalty from the goods and chatties of such delinquent, after giving such notice thereof as is required by law for the sale of property in other cases, and for want thereof to take the body of such delinquent and commit him to the common jail of the county, where he shall be kept in close confinement, unless the penalty and costs of imprisonment shall be paid : Provided, That such Proviso, person may be released from confinement, upon his mak- ing oath or affirmation before some justice of the peace, that he is unable to pay the fine assessed as aforesaid, and that he has not secreted, made over, or conveyed away any of his property, either directly or indirectly, for the purpose of evading the law, and that he has not property to pay such fine; and if the person making oath or af- firmation as aforesaid, shall wilfully depose or affirm any matter to be a fact, knowing the same to be false, or shall in like manner deny any fact, knowing the same to be true, he shall [ 52 ] be deemed guilty of perjury, and upon conviction thereof, shall be punished accordingly as in other cases: And provided also, That the commanding officer of the regi- ment or battalion, may at any time thereafter, order and cause to be issued, a process against the goods and chatties of the person so discharged from imprisonment, for the amount of such fine and costs, in the same manner as is directed by the foregoing provisions of this section ; which warrant shall be made returnable to the clerk of the regiment in sixty days from its date; and in case such warrant shall be returned unsatisfied, for want of property, or the body of the delinquent, the commanding officer may from time to time issue new warrants, in like manner, until the same shall be satisfied. § 55. Be it further enacted, That the warrant to be 414 INDIANA HISTORICAL COLLECTIONS Form of the warrant. Fine when collected where paid. Absenting to evade a draft, how dealt with. issued, agreeably to the preceding section, shall be as near as the case will admit of, in the following form : "Indiana Territoy county, ss. To the sheriff of said county, greeting: Whereas at a board of officers of the regiment of the brigade of the division of Indiana militia, convened at on the day of to hear and determine of delinquen- cies, a fine of dollars was by the judgment of said board assessed upon A.B. a sergeant, corporal, or private (as the case may be) of the company of said regi- ment, for neglect of duty, as appears of record, where- fore execution remains to be done; you are therefore commanded, that of the goods and chatties of [ 53 ] the said A.B. within your bailwick, you cause to be levied and made the said sum of dollars, together with your own fees for collection; and for want of sufficient goods and chatties you are commanded to take the body of the said A.B. if he may be found in your bailiwick, and him commit to the jail of said county, there to remain until the fine and fees aforesaid are paid, or he be other- wise discharged by due course of law ; and the fine afore- said, when collected, you are to pay unto the paymaster of the regiment, taking his receipt therefor, and make return of this writ, with your doing thereon, to the clerk of the regiment, within sixty days from the date. Given under my hand and seal at this day of § 56. Be it further enacted, That if any non-commis- sioned officer or private shall absent himself from the bounds of his company district, whereby he shall evade a draft or tour of duty, he shall be notified immediately upon his return, to hold himself in readiness to march on the next tour; and if he shall neglect or refuse to per- form the next tour of duty, after being notified of the time and place of rendezvous, which notice may be given by leaving a written notification at his last place of resi- TERRITORIAL LAWS, 1813-14 415 dence in said company district, in case he cannot be found, he shall be subject to the same penalty as is inflicted by the fifty-fourth section of this act; which shall be col- lected in the same manner. § 57. Be it further enacted, That when any sheriff or coroner shall collect any such [ 54 ] penalty, he shall immediately pay the same to the pay- master of the proper regiment, and take his receipt there- for, on the back of the warrant, and return the said war- rant to the clerk of the regiment, with his doings thereon, as commanded; and in case any sheriff or coroner shall neglect or refuse to serve such warrant, or make return of the same, or to pay over any money by him thereon collected as aforesaid, the clerk of the regiment shall make a motion, in writing, to the next court of common pleas, in the proper county, against such sheriff or coro- ner, setting forth the facts of the case : And provided, said sheriff or coroner shall have four days notice thereof, and a copy of such motion. The court shall, at the same time, proceed to render judgment against such sheriff or coroner for the amount of the warrant, with twenty-five per cent, penalty and interest; and the records of said board of oflScers, and the testimony of the clerk or pay- master, or other parol evidence of such delinquency, shall be sufficient for said court to render judgment upon, from which judgment there shall be no appeal. § 58. Be it further enacted, That all fines collected from persons legally enrolled in any company, neglecting or refusing to perform a tour of duty, shall be paid into the hands of the paymaster of the regiment, and by him placed to the credit of the proper company from which such fines were collected; and where the commandant of a company shall be required to furnish his quota and draft, he shall, if practicable, hire substitutes to make up any deficiency which Penalty when collected to be paid to the paymaster. Comman- dant of a company to hire substi- tutes to the amount of fines in his hands. 416 INDIANA HISTORICAL COLLECTIONS [ 55 ] may happen from the refusal of any person drafted to perform a tour of duty, to the extent that the funds in the hands of the paymaster, in his favor, will justify it: Provided, that he shall not in any case give more than twenty dollars per month for a substitute; and in case substitutes cannot be procured to make up such defici- ency, the commandant of such company shall proceed to draft until his quota is furnished, and so on in succes- sion until his company is gone through; and when all the men in his company have been called on to perform a tour of duty, the commandant of such company shall certify the same to the commandant of the regiment ; and the commandant of such company shall not again be re- quired to furnish any quota of men by draft, until all the companies in the regiment are in like manner gone through, and all the privates therein have been called upon to perform a tour of duty. § 59. Be it further enacted, That if any suit or suits shall be brought or commenced against any person or per- sons for any thing done in pursuance of this act, the de- fendant may plead the general issue, and give this act and the special matter in evidence. § 60. Be it further enacted. That a superior officer Superior of- may at his own discretion, arrest any officer under him; ficer may or should any commissioned officer lodge a complaint with arrest. g^ superior officer, which in his opinion is sufficient cause for an arrest, such superior shall cause the officer against whom such complaint is made to be arrested; and when any officer is arrested as aforesaid, the officer whose duty it is made so to arrest, shall [ 56 ] notify the officer, in writing, that he is suspended from command until acquitted from such arrest, stating the ground of arrest, and the time and place of trial; and at the same time notify the officer next in command, that, in consequence of such arrest, he is required to perform TERRITORIAL LAWS, 1813-14 417 the duties which were enjoined on the officer so arrested. § 61. Be it further enacted, That in all cases where an officer is arrested, the officer who orders the arrest, shall Officer order- issue any summons that may be applied for by either of ing the arrest the parties, or which he may think necessary to compel shall issue the attendance of witnesses; and the party so applying, ^^y summons ' r ^ ^^ •" ^' applied for by or any person whom the officer grantmg such summons the parties. may appoint, may serve the same, and endorse the time of service thereon, which shall be at least three days pre- vious to the setting of the court martial, and shall make a return thereof to the president of said court, the first day thereof, who shall administer an oath or affirmation to the person returning the summons, relative to the service thereof. Any person who neglects or refuses to attend to a court martial, after being duly summoned, shall be fined in a sum not exceeding fifty dollars ; which fine shall be collected and applied as other fines under the provisions of this act; and any court martial shall have power to issue compulsory process to compel the attendance of any witness who neglects or refuses to at- tend, after being duly summoned. § 62. Be it further enacted, That the commander in .^^ ^^' chief shall order general courts martial, where a major shall order general presides ; the same. [ 57 ] division courts martial shall be ordered by the command- ant of the division, where a brigadier general shall preside; brigade courts martial shall be ordered by the commandant of brigade, where a colonel shall preside; regimental courts martial shall be ordered by the com- mandant of the regiment, where a major shall preside: each court martial shall consist of not less than five nor more than thirteen members, and to be of rank as near as may be to the rank of the officer who is to be tried ; all courts martial shall according to their rank, have power to punish any officer for neglect of duty, by suspension, fining, cashiering and disqualification to hold any office in the militia of this Territory. 28—49011 418 INDIANA HISTORICAL COLLECTIONS § 63. Be it further enacted, That any officer ordering Judge advo- a court martial shall appoint some suitable person to act cate. as a judge advocate, who, before he enters on the duties of his appointment, shall take the following oath, to be His oath. administered by the president of the court: "You A.B. do swear, that you will not disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness by a court of justice, in due course of law, nor will divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same, so help you His duties. God"; and the judge advocate, or person acting as such, shall administer the following oath to each member of such court martial: "You A.B. do swear that you will truly try and determine, according to evidence, the matter now before you, between the Indiana Territory and the per- H [ 58 ] son to be tried, and that you will truly administer justice, according to law, without partiality, favor or affection, according to your conscience, the best of your understand- ing, and the custom of war in like cases ; and you do fur- ther swear, that you will not divulge the sentence of the court, until it shall be published by the proper authority, neither will you disclose or discover the vote or opinion of any particular member of the court, unless required to give evidence thereof as a witness by a court of justice in due course of law, so help you God." The person act- ing as judge advocate, shall prosecute in the name of the United States, but shall so far consider himself as coun- sel for the person accused as to object to any leading questions being put to the prisoner, or any witness, the answer of which might tend to criminate himself; all the members of the court martial are to behave with decency and calmness, and in giving their votes to begin with the youngest in commission; all persons who give TERRITORIAL LAWS, 1813-14 419 evidence before a court martial or court of enquiry, are to be examined on oath or affirmation, in the following manner: "You do swear (or affirm, as the case may be) that the evidence you shall give in the case now in hear- ing, shall be the truth, the whole truth, and nothing but the truth, so help you God." § 64. Be it further enacted, That the party tried by a court martial shall be entitled to a copy of the sentence and proceedings of such court martial, after the decision or the sentence, upon demand thereof made by himself or any person or persons Officers may pardon or mitigate the sentence of a court martial. [ 59 ] in his behalf, whether such sentence be approved or not. § 65. Be it further enacted, That the commanding of- ficer for the time being, shall have full power of pardon- ing or mitigating any censures or penalties, ordered to be inflicted upon any private or non-commissioned officer, for the breach of the provisions of this act, by a court martial ; and every offender, convicted as aforesaid by any regimental court martial, may be pardonded or have the penalty mitigated, by the colonel or commanding officer of the regiment, excepting only where such censures or penalties are directed as satisfaction for injuries received by an officer or private, from another ; but in case of offi- cers, such sentence to be approved of by the commander in chief of the militia, who is empowered to pardon or mitigate such sentence, or disapprove of the same. § 66. Be it further enacted. That no court of enquiry shall be appointed to enquire into the conduct of any of- ficer, except by the commander in chief, or a major gen- eral, unless demanded by the accused; all courts of en- quiry shall consist of three officers, to be of rank as near as may be to the rank of the officer whose conduct is to be enquired into, and a judge advocate or other suitable person, as recorder to reduce the proceedings and evi- dence to writing ; all of whom shall be sworn to the faith ful and impartial performance of their duty: courts of Court of enquiry ap- pointed by the commander in chief at re- quest of the party accused. 420 INDIANA HISTORICAL COLLECTIONS Comman- dants of re^- ments or bat- talions ne- glecting to as- semble his re- giment or battalion, how fined, &c. enquiry shall have the same power to summon witnesses as courts martial, and to examine them on oath ; but they shall not give [ 60 ] their opinion on the merits of the case unless they shall be expressly required so to do by the officer ordering the same; the proceedings of a court of enquiry shall be signed by the president, attested by the judge advocate or recorder, and delivered or transmitted to the officer ordering the same; the judge advocate or recorder shall administer to the members of the court of enquiry the following oath : "You, and each of you, do swear, that you will well and truly examine and enquire, according to evidence, into the matter now before you, without par- tiality, favor, affection, prejudice or hope of reward, so help you God ;" after which the president shall administer to the judge advocate or recorder, the following oath: "You do swear, that you will, according to the best of your abilities, accurately and impartially record the pro- ceedings of the court, and the evidence to be given in the case in hearing, so help you God." § 67. Be it further enacted, That if any colonel or commandant of any regiment or battalion, shall neglect or refuse to give orders for assembling his regiment or battalion, at the direction of the commandant of the bri- gade to which he belongs, or in case of an invasion or insurrection in this Territory, he shall be cashiered, or punished by fine, not exceding five hundred dollars, at the discretion of a court martial ; and if a commissioned officer of the 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 commandant of the regiment or [ 61 ] battalion to which such company belongs, he shall be cashiered, and punished by fine, not exceeding two hun- TERRITORIAL LAWS, 1813-14 421 dred dollars, at the discretion of a court martial ; a non- commissioned officer in such case shall be fined at the discretion of a regimental court martial, in any sum not exceeding thirty dollars. § 68. Be it further enacted, That if any field or other commissioned officer, at any regimental review, or any other occasion, when the regiment, battalion or company to which he belongs, or in which he may hold a command, is paraded in arms, shall misbehave or demean himself in an unofficerlike manner, he may for any such offence be cashiered, or punished by fine, at the discretion of a court martial, as the case may require, in any sum not exceeding eighty dollars; and if any non-commissioned officer, musician or private shall, on any parade of the company to which he belongs, misbehave or disobey or- ders, or use any reproachful or abusive language to his officers, or any of them, or quarrel, or promote any quar- rel among his fellow-soldiers, he shall be immediately disarmed or put under guard, by the commanding officer or officers present, until the company is dismissed, and may be, by a court martial, fined in a sum not exceeding thirty dollars, nor less than three dollars. § 69. Be it further enacted, That if any non-commis- sioned officer or private shall think himself injured by his colonel or commanding officer of the regiment, and shall, upon due application made to him, be refused re- dress, he may complain to the briga- OfRcers for unoflBcer like behavior, how punished- Non-com- missioned officers and privates do. May appeal. [ 62 ] dier general, who shall direct three commissioned offi- cers to enquire into 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 summon a court martial for the purpose of doing justice to the person complaining, and shall also direct the bri- gade inspector to give the person complained of at least eight days previous notice of the time and place of the 422 INDIANA HISTORICAL COLLECTIONS Commander in chief to have regard to previous service. meeting of any such court martial, together with a copy of the charges exhibited against him; and if any non- commissioned officer or private shall think himself in- jured by his captain or other superior officer in the bat- talion, troop or company to which he belongs, he may complain to the commanding officer of the regiment, who shall cause his adjutant to summon a regimental court martial for doing justice according to the nature of the case. § 70. Be it further enacted, That the commander in chief shall, when calling the next detachment of militia from this Territory, whether under a call of the United States or this Territory, have a special regard to that of volunteers and militia which have heretofore served a tour of duty or have been legally called into service, and if it shall appear from an accurate calculation that a greater number have served a tour of duty or have been called into service than the correct proportion which any regiment was bound by law to furnish, a credit shall be given to such regiment at the time of calling out the next draft, and the number thus [ 63 ] credited shall be made up from such regiments as may have been deficient; and the same principle shall be pur- sued by the commandants of divisions, brigades, regi- ments, battalions and companies; and if hereafter, on a call of the militia, either under the authority of the United States or this Territory, a greater number shall volunteer their sei*vice, and be accepted, than the number required from any division, brigade, regiment, battalion or company, on the succeeding call a like credit shall be given; and in case of a draft, the commander in chief, and all militia officers, shall cause both officers and pri- vates under their respective commands to be called into service in their proper places as far as practicable. § 71. Be it further enacted, That all the public arms, ammunitions, accoutrements, camp equipage and military TERRITORIAL LAWS, 1813-14 423 stores belonging or loaned to any militia of this Territory, or which may hereafter belong or loaned to any division of the militia of this Territory, shall be under the care and superintendance of the quartermaster general of such division, who shall have power to employ suitable persons to clean and repair any arms or article which may re- quire it, and certify any just and reasonable accounts which may be rendered for such cleaning or repairing, and for transporting such aims or military stores to any place where they may be ordered by the commander in chief, or commandant of division; which accounts, thus certified, shall be allowed by the treasurer, and paid as other accounts against the Territory are paid; he shall receipt for all articles deliver- [ 64 ] ed to his charge, and shall account for the same at any time when called on so to do by the commander in chief or commandant of divisions. § 72. Be it further enacted, That the militia of this Territory, when in actual service, shall be subject to the same rules and regulations as the armies of the United States, and shall receive the same pay and rations: Pro- vided, Upon any transgression of either officer or private against such rules and regulations, the cause shall be tried and determined by a court martial of the militia officers of this Territory only, if practicable to convene the same. § 73. Be it further enacted. That when any necessary expences shall accrue in carrying into effect the provisions of this act, for the payment of which no provision is herein before made, the same shall be paid out of the contingent fund, upon the order of the commander in chief. § 74. Be it further enacted, That all that part of the fourth regiment which is in the bounds of Knox county, shall be and it is hereby attached to the first battalion of the first regiment ; and the commandants of companies Arms and mi- litary stores, to be under the care of the quarter- master gene- ral of each division. Subject to the same rules and regula- tions as the armies of the U. States. 424 INDIANA HISTORICAL COLLECTIONS thus attached, are hereby directed to make their reports to the commandant of the first regiment; and the com- mandant of the fourth be and he is hereby directed to pay over to the paymaster or commandant of the first regi- ment, all monies that have been collected, or which may hereafter be collected, off the companies aforesaid, for neglect of duty heretofore. Colonels to pay over monies to the paymaster. Penalty. Officer resign- ing shall deli- ver to his suc- cessor books, papers, &c. Former laws repealed. [ 65 ] § 75. Be it further enacted, That so soon as there may be paymasters appointed to the different regiments within this Territoiy, it shall be the duty of the colonels or commanding officers of regiments, to pay over all monies that may remain in their hands as treasurer of the regi- ment, under a former law of the Territory; and any colonel or treasurer as aforesaid, failing to comply with the provisions of this and the preceding section, shall for- feit and pay to such regiment, the sum of two thousand dollars, to be recovered by motion in any court of record, in the county where such colonel or treasurer may reside. § 76. Be it further enacted, That when any comman- dant, or staff officer, shall resign or go out of office, it shall be his duty to deliver to his successor all the books, papers and records that may be in his care or possession, relative to said office; and any person failing to comply as aforesaid, shall pay any sum not exceeding five hun- dred dollars, nor less than one hundred dollars, to be re- covered in any court of record in this Territory, at the suit of the commandant of the regiment. § 77. Be it further enacted, That all laws and parts of laws that come within the purview of this act, be and the same are hereby repealed: Provided always, That nothing in this act shall be so construed as to prevent the recovery of any fine or fines which may have been in- curred under the former law; but all offences heretofore committed against said law, shall be proceeded against, and fines incurred shall be recover- how dealt with. TERRITORIAL LAWS, 1813-14 425 [ 66 ] ed in the same manner as if the law had not been re- pealed ; and in all cases where fines may heretofore have been assessed, but which remain unpaid, it shall be law- ful for the commandants of the regiments in the limits of which such fines may have been incurred, at any time, to appoint any collector or collectors, as may seem to him proper, who shall proceed in the same manner as collec- tors appointed under the former law. This act shall take effect and be in force from and after the first day of June next. § 78. And be it further enacted, That all oflScers or privates failing to perform the several duties enjoined on Officers or pri- them by this act, not subject to any penalty heretofore vatesnot prescribed, shall be fined in any sum not exceeding fifty bound by for- dollars, at the discretion of the proper court martial, to [!^.^ j^^f;.^*^^ be appropriated as other fines are; any law to the con- trary notwithstanding. § 79. Be it further enacted, That it shall be the duty of the paymaster of the first regiment, annually, to pay Duty of the over all the money that may remain in his hands to the paymaster of sheriff of Knox county, as treasurer of said county, who ^^^ ^^^^ ^®^" shall account to the circuit court for the same; and it shall be the duty of the said court to appropriate the said money to and for the use of some public seminary or school, at such time and in such manner as they may deem proper: Provided however, That nothing shall be so construed, as to compel the paymaster aforesaid to pay over [ 67 ] any money, until the demands against said regiment are ISAAC DUNN, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. January 3, 1814 — Approved, TH. POSEY. ment. TERRITORIAL LAWS, 1813-14 427 INDEX TO THE MILITIA LAW. ARMS exempt from distress, Page 4 and military stores, under whose care, 63 Artillery company, of whom composed, 21 Adjutant-general, his duties, -. 36 his allowance, 38 Adjutant, his duty, 37 Absenting to evade a draft, 53 Appeal, 61 Brigade districts, how made or altered, 19 Inspector, his duty, 37 his allowance, 38 Commissions to designate rank, 5 Corps, how to be numbered, 6 of what to consist, 6 volunteer, how raised, 20 Colonels, how elected, 9 pay over monies to the paymasters, 65 Corporals, how appointed, 14 Colors, how provided, 14 Company remotely situated, how to exercise, 18 light, how to do duty, 39 commandant of, to hire substitutes, 54 Conscientiously scrupulous 25 Court of enquiry and assessment of fines, 30 of appeals, 31 Commandants of battalions, to hold court of enquiry, 31 of regiments, to hold do 31 Clerks of regiments, their duties, 34 Commissary, how appointed, 47 Courts martial, who shall order the same, 56 [ 70 ] Court of enquiry appointed by commander in chief at request of the party accused, 59 Commandant of corps, neglecting to assemble his corps, how fined, 60 428 INDIANA HISTORICAL COLLECTIONS Commander in chief, have regard to previous service, 62 Duty, who shall perform the same, 1 of the paymaster of the first regiment, 66 Delinquencies, penalties for, 27 Detachment, how organized, 43 furnished with waggons, &c 45 Desertion, how punished, 49 Elections, how contested, 11 who eligible, 11 of officers, how certified, 15 Exempts, persons wishing to be, 24 who shall be exempt, 25 Fathers and Guardians, bound for fines, 29 Fines, how collected 32 when collected, where paid, 33, 53 Former law repealed, 65 Infantry, light, company, how composed, 22 Judge advocate, his oath and duties, 57 Incapacity, removed for, 12 Majors, how elected, 8 Militia, when enrolled, 1 how notified, 1 when and how armed, 4 how officered, 6 how called into service, 38 classed, 40 Musters, by company, battalion or regiment, 18 drill, for brigade, when 17 places of, by whom appointed, 18 when to appear at muster, 23 Officers, field, how armed, 4 general, how uniformed, 10 shall serve five years, 12 staff, their rank, 13 non-commissioned unable to equip, 30 negligent in furnishing quota, 40 serve on tours agreeable to the dates of their commissions, 41 [ 71 ] Officers, staff, to take tours with their respective officers,.... 42 ordering arrest, shall issue process, 66 may pardon or mitigate the sentence of a court martial, 58 for misbehavior, how punished, 61 TERRITORIAL LAWS, 1813-14 429 non-commissioned officers and privates, how pun- ished, 61 resigning, deliver to his successor books and papers, 65 Privates unable to equip, 30 Paymaster, his duty, 37 Penalties for delinquencies, 27 for appearing without arms, 28 Property exempt from distress, 44 private, appraised when rendezvoused, 44 Person exempt from arrest, when notified to march, 44 Pack horses to be purchased, if they cannot be hired, 46 Penalty, when collected, paid to the paymaster, 33 Roll, when to be called, 23 Returns, how made, 23 Regimental districts, how made or altered, 19 Returns, when made, 34-5 Rules and regulations, 64 Sergeants, how appointed, 14 Superior officers may arrest, 55 Soldiers, how accoutred, 4 may serve by substitute, 41 Troop of horse, of whom composed, 22 Tour, how long, 42 Vacancies, how filled, 7 Volunteer corps, how raised, 20 how officered, 20 when to be equipped, 21 — i to choose their own officers, 48 Warrant, form of, 52 TERRITORIAL LAWS, 1813-14 431 CHAPTER II. An ACT to dissolve the marriage of David Barker with Paulina Barker his wife. WHEREAS David Barker, of Jefferson county, by his petition, hath represented to the legislature, certain facts, as causes of divorce, and this legislature being fully con- vinced that the facts set forth in the said petition are true, and that the act entitled "an act regulating divorces within the Indiana Territory," approved March the eighth, eighteen hundred and thirteen, furnishes no re- lief for said petitioner: therefore, § 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the marriage of the said David Barker, with his wife, the said Paulina Barker, formerly Paulina Moshier, be and the same is hereby dissolved and declared to be null and void, as fully and effectually, to all in- tents and purposes, as if the said contract of marriage had never been entered into by them. JAMES NOBLE, Speaker of the House of Representatives JAs. BEGGS, President of the Legislative Council. December 14, 1813 — Approved, TH. POSEY. K [ 74 ] CHAPTER IIL An ACT appointing commissioners to fix the seats of justice in the counties of Gibson and Warrick. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the Commission- authority of the same, That John Ochletree, Abel West- ^"if' ^^^°' ^"^ wnBrs to con- fall, William Polk, Robert Elliott, and William Prince, vene in Gib- all of Knox county, be, and they are hereby appointed son. 432 INDIANA HISTORICAL COLLECTIONS Where to con- vene in War- rick. Sheriff of Knox county, his duty. commissioners, for the purpose of fi.xing the seats of jus- tice in the counties of Gibson and Warrick; whose duty it shall be to convene at the house of John M'Junkin, in Gibson county, on the first Monday in February next, and proceed to fix the seat of justice in the county of Gibson, in conformity with, and in all respects agreeably to an act passed at the last session of the legislature, entitled "an act for fixing the seats of justice in all new coun- ties hereafter to be laid off." § 2. And be it further enacted, That the aforesaid commissioners shall immediately after they may have fixed the seat of justice in Gibson county, repair to War- rick county, to the mill of Jonathan Anthony, and pro- ceed to fix the seat of justice in the same, in the same manner as is provided in the first section of this act for fixing the seat of justice in Gibson county. § 3. And be it further enacted, That the sheriff of Knox county be and he is hereby required to serve the aforesaid commissioners with a notice of their said ap- pointments, on or before the twentieth day of January [ 75 ] next ; for which service he shall be allowed such compen- sation as the courts of common pleas in the counties of Gibson and Warrick may deem reasonable, to be allowed and discharged in the same manner that other county claims are: Provided however, That if any of the said commissioners should be disqualified to act as commis- sioners by the said act for fixing the seats of justice, &c. the said courts of common pleas, in the said counties of Gibson and Warrick, or either of them, shall have power to appoint others to supply such vacancy. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 14, 1813 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 433 CHAPTER IV. An ACT for the relief of David Hillis, late lieutenant colonel of the sixth regiment. WHEREAS David Hillis hath represented to this leg- islature, that in the spring of 1812, an almost universal alarm existed within the county of Jefferson, and that many were moving away, believing that in a few days the Indians would make a fatal blow on the frontiers of said county; that he thought it prudent to call out about forty of the militia, who continued in service seventeen days, and that he was obliged to contract for provision to supply those men, for which he prays relief : therefore, [ 76 ] § 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the paymaster of the sixth regiment, under the direction of the colonel commandant thereof, on sufficient vouchers being produced to them of the provisions purchased and expended in said service, pay out of the fines of said regiment to the said David Hillis, the amount of his expenditure, and that the first monies in the regimental funds be appropriated for that purpose : Provided however. That it shall be the duty of the said David Hillis regularly to forward to the secre- tary at war the rolls and subsistence accounts of said corps ; and if upon so doing the said David Hillis be re- munerated for the provisions so bought, that then the provisions of this act shall not be extended to him, but shall be null and void, and having received any monies in consequence of this act, he shall refund the same into the treasury of the regiment. JAMES NOBLE, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. December 16, 1813 — Approved, TH. POSEY. 29—49011 434 INDIANA HISTORICAL COLLECTIONS Toll bridge. Court to fix the rates of toll. Owners enter into bond. Court shall not have the power to erect a bridge, &c. CHAPTER V. An ACT for the benefit of Edmond Hogan and Thomas Neely. WHEREAS it has been represented to this legislature, that Edmond Hogan and [ 77 ] Thomas Neely, are about erecting a bridge across Patoka river, at the place where the Saline road crosses the same ; and whereas it is further represented, that said bridge will be of great public utility, and that the land where said bridge is erecting is the private property of the said Hogan and Neely. § 1. Be it enacted by the Legislative Council and House of Representatives y That so soon as the owners of said bridge shall have said bridge completed, in a good and sufficient manner, that the same shall be considered a toll bridge, the profits whereof shall be for the benefit of the owners of said bridge, so long as they shall keep the same in good repair. § 2. Be it further enacted, That the court of common pleas in and for Gibson county shall have power from time to time to fix the rates of toll on said bridge as to them shall appear reasonable and just. § 3. Be it further enacted, That the owners of said bridge shall, previous to their taking toll for the same, enter into bond and security as the law directs in case of ferrymen, and shall in all other respects be governed by the law regulating ferries in the Indiana Territory, except that the bridge shall be used in place of a ferry boat. § 4. And be it further enacted, That the court of com- mon pleas of the county of Gibson, shall not have the power of erecting a bridge across Patoka, on any part of the quarter section of land now owned by the said Hogan and Neely, adjoining the town of Columbia, on TERRITORIAL LAWS, 1813-14 435 Patoka : Provided however, That nothing herein contained shall [ 78 ] be so construed as to authorize the said owner or own- ers to stop or intercept the navigation of the said Patoka river. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 16, 1813 — Approved, TH. POSEY. CHAPTER VI. An ACT authorizing the judges of the courts of common pleas to hold special courts for the purposes therein named. § 1. BE enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the au- thority of the same, That at the request of any person or How such persons imprisoned for any criminal offence, cognizable court to be by the court of common pleas, it shall be the duty of the ^^^^^• several sheriffs of this Territory, within three days after such request, to notify the judges of said court of the same; and the judges, or two of them so notified, shall attend at the court house, on a day certain, to be named by the sheriff, within ten days from the time of such request ; then and there to have the prisoner brought be- fore them, to have his trial, according to the common and statute laws of the Territory. § 2. Be it further enacted, That the sheriff having no- g, .^ tified the judges, and appointed the day of court as afore- mon^L g^and said, shall immediately proceed to summon a grand jury, jury. 436 INDIANA HISTORICAL COLLECTIONS Sheriff fail- ing, penalty. Benefit of the writs of ha- beas corpus. Obstinately refusing to procure bail. [ 79 ] to enquire into the offence for which the person has been committed, as also all other offences exhibited against him, her or them; and should the grand jury find a bill or bills of indictment, against such person or persons, then the sheriff shall proceed immediately to summon a jury, de circumstantibus, or wheresoever they may be found, who shall pass between him and his country, and whose verdict shall have the same effect and efficacy as in courts heretofore established, which courts shall trans- act business according to the powers vested by this law. § 3. Be it further enacted, That for every failure of the sheriff in notifying the courts as above, he shall be fined not less than three hundred nor more than five hun- dred dollars, at the discretion of the court; and every juror and witness, being duly summoned as in other cases, and failing to appear, shall be dealt with as in other cases provided by law: Provided always, That any per- son so confined, shall be entitled to the benefit of the writs of habeas corpus, at any time before such special court; and having availed himself of the benefit thereof, and being discharged by the judge or judges, that then the proceedings, preparatory to the special court afore- said, shall stop, and no costs shall accrue thereon. § 4. Be it further enacted, That whenever it shall be the opinion of the sheriff, and such justice as shall have committed the person charged with an offence, that the person or persons so committed, could procure such bail as would be taken for his appearance, but obstinately re- fuses to procure the [ 80 ] same, that then the provisions of this act shall not be extended to such person or persons, but he, she or they shall remain in jail till court in course. § 5. Be it further enacted, That all persons being im- prisoned for debt, within this Territory, being disposed TERRITORIAL LAWS, 1813-14 437 to claim the benefits of an act for the relief of persons imprisoned for debt, passed and approved 17th Septem- ber 1807, by giving the sheriff the notice as directed in the first section of this act, it shall be his further duty to notify the judges of the court of common pleas, who are hereby required to attend at the time and place, and discharge such debtor as the law directs. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 18, 1813 — Approved, TH. POSEY. Extended to persons impri- soned for debt. CHAPTER VII. An ACT for the regulation of the town of Brookville. § 1. BE it enacted by the Legislative Council and House of Representatives of the IndiaTia Territory, and it is hereby enacted by the authority of the same, That Ben- jamin Smith, Arthur Dixon, Joshua Harlan, William H. Eads, and James Knight, be, and the same are hereby ap- pointed trustees of the town of Brookville, including the lots of land laid off, or to be laid off, by Amos But- Trustees, who appointed by law. [ 81 ] ler and John Allen, of Franklin, who shall hold their of- fices until the first day of January 1815, at which time it shall and may be lawful, and on the first day of Janu- ary annually thereafter, for the free male citizens, resi- dents of the town of Brookville, above the age of twenty- one years (free negroes, mulattoes and Indians excepted) who have resided in said town for the space of six months, and all other persons owning freehold estate in said town, and are residents, to elect and choose five trustees, who shall be freeholders, resident in said town; which elec- 438 INDIANA HISTORICAL COLLECTIONS How in future elected. Trustees have power to im- pose taxes. tion shall be conducted by one of the late or then acting trustees, to be appointed by the board of trustees for that purpose. Ten days previous notice thereof shall be given by advertising the same in three at least of the most pub- lic places in said town ; which advertising shall be done by the chairman of the late, or then acting trustees, and the return of the persons so elected shall be made to the clerk of said board, which shall be recorded in their books. § 2. That vacancies occasioned by death, resignation, or othei-wise, shall be supplied by elections to be made in manner herein before directed, on a day to be ap- pointed by the remaining trustees, and return thereof made in manner herein before directed. § 3. The trustees shall have power to impose taxes on the citizens of said town, who shall be entitled to vote for trustees, and that the said taxes shall be apportioned agreeably to the property held by each citizen within said town : Provided, That the tax levied shall not exceed the sum of one dollar Appoint a lister. [ 82 ] and fifty cents per annum, on any one citizen. And any citizen of said town who has no visible property in said town, shall be taxed in any sum not exceeding seventy- five cents; and all lots and other property in said town, held by non-residents or others residing out of the said town, shall be taxed agreeably to the value of said prop- erty, in proportion as the citizens of said town are taxed. § 4. That the trustees of said town shall have power to appoint a person to take in a list of the persons and taxable property in said town, and that the persons or person so appointed, shall, at such time as the trustees may direct, proceed to take in and list in a book, the list of the persons taxable, and the taxable propei-ty, and return the same to the chairman of the trustees ; and the several lists of taxable property shall be given in by each TERRITORIAL LAWS, 1813-14 439 Trustees citizen upon oath; which oath the said person so ap- pointed to take in the same, shall have power and author- ity to administer. § 5. And be it further enacted, That the said trustees shall have power and authority to regulate and repair the streets and alleys of said town, to remove nuisances ^^y remove and obstructions therein, and also to remove obstructions and nuisances therein at the expence of the person or persons who occasioned them, provided the person or per- sons will not remove them on receiving notice from the trustees aforesaid ; and when such person or persons fail, after having notice given them, to remove such nuisances or obstructions, the trustees shall, on failure thereof, im- mediately have it done ; and [ 83 ] when done, the trustees of said town may proceed by war- rant, before some justice of the peace of the town or county, for the recovery of such sum or sums of money as may accrue in the removal of such nuisances or ob- structions in said town. § 6. And be it further enacted, That the trustees of said town shall have power and authority to make pro- May appoint vision for the collecting and accounting for the taxes they a collector and are empowered by this act to levy, by appointing a col- lector and directing distress for delinquencies, and to make such rules and regulations, not contrary to the laws and ordinance for the government of the Territory, and constitution of the United States, as shall by a majority of them be thought necessary for the police of said town, and affix a penalty for the breach of any by-law commit- ted by any person or persons, not exceeding ten dollars, to be recovered at the suit of the trustees, before any justice of the peace in said town or county, by action of debt, in the same manner that sums of like amount are now recoverable by law, together with costs of suit : Pro- vided always, That before any by-law, enacted by the trustees of said town, shall have any operation, it shall enforce obe- dience to by- laws. 440 INDIANA HISTORICAL COLLECTIONS be advertised for two weeks successively in the most pub- lic places in said towTi. § 7. That immediately after the close of every annual election of trustees, directed by this act, the powers of their predecessors shall cease; and the trustees so elected, shall be put in possession of the property, money, papers and records, which the trus- [ 84 ] tees whom they succeeded had possession of. § 8. And be it further enacted, That the collector to Collector enter be appointed by the trustees as aforesaid, do enter into into bond, bond, with such security as may be approved of by said trustees, with a penalty in double the sum to be collected by him, payable to the said trustees and their successors in office, and with a condition for the faithful execution of his office ; and that the collector shall have such powers to collect as may be given by the trustees, and have an allowance for collecting, six per cent. ; and provided said collector does not make his collections, or pay over the same when collected, agreeably to the provisions of this act, on ten days previous notice being given, a judgment may be recovered against said collector, by the trustees, in any court of common pleas for the county of Franklin, for the full amount put into his hands to collect, and award execution thereupon. § 9. And be it further enacted, That the trustees of Power to said town shall have full power and authority to enact by- enact by-laws, laws to prevent shooting at a mark or for sport, run- ning or racing horses, within such parts of the streets, alleys, inlots, or within any part of the public square in said town, as the trustees may designate. § 10. Be it further enacted, That in all cases where a judgment shall be recovered by the provisions of this act, against a collector, in the court of common pleas for the county of Franklin, judgment shall be given for costs, with an attorney's docket fee, TERRITORIAL LAWS, 1813-14 441 [ 85 ] should one be employed by the trustees, together with eight per cent, in damages. § 11. Beit further enacted, That the said trustees and their successors, or a majority of them, shall have power to erect a market-house in said town, on the public square, (if the judges of the court of common pleas for the county of Franklin shall consent to it) so soon as the population of said town shall be able to bear the expence, or the three-fourths of the citizens of said town entitled to vote for trustees shall signify it fairly by petition to the then acting trustees. § 12. Be it further enacted, That the said trustees shall have power to keep in good repair the public well in the said town, and make such regulations as may be requisite, and to pass by-laws, and affix a penalty, not exceeding ten dollars, for the police of the same, which shall be collected in the same manner as is directed in the sixth section of this act; and the expence for the keeping of the said well in repair, shall be defrayed by the citizens that draw water from said well, residing on the high ground in Brookville, on that part of it laid out by Jesse B. Thomas and others, to be paid as directed by the said trustees, and collected by the collector of the taxes to be appointed under this act. § 13. And he it further enacted, That all taxes and monies collected under the by-laws, and the authority of this act (except the twelfth section of this act) shall be applied towards the opening, repairing, and improving the streets and alleys in said town, and the building of a market-house, in the Erect mar- ket-house. Keep public well in repair. Monies collec- ted how ap- propriated. [ 86 ] time and manner directed by this act, in the town afore- said: Provided nevertheless, That whenever it may be found convenient, that the citizens, or part of them, may work out their tax so assessed, by improving, repairing, or clearing out the streets or alleys, as may be directed 442 INDIANA HISTORICAL COLLECTIONS by the trustees of said town: Provided also, That such compensation as the said trustees may allow their clerk, and the person appointed to take in the list of taxable property, shall be deducted out of the monies collected under the authority of this act. This act to take effect from and after the first day of February next. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 18, 1813 — Approved, TH. POSEY. Officers of the legislative department, what oath. CHAPTER VIII. An ACT more effectually to prevent duelling. §1. BE it enacted by the Legislative Council and House of Representatives, That all officers in and belong- ing to the legislative department of government, who shall hereafter be elected, before they enter upon the discharge of the duties of their aforesaid office, the following oath, in addition to what is now by law directed, shall be ad- ministered to them : "That he or they (as the case may be) have neither directly nor [ 87 ] indirectly given, accepted or knowingly carried a chal- lenge, to any person or persons, to fight in single combat or otherwise, with any deadly weapon, either in or out of this Territory, since the first of February, in the year 1814; and that he or they will neither directly nor in- directly give, accept, or knowingly carry a challenge to any person or persons, to fight in single combat or other- wise, with any deadly weapon, either in or out of this Territory, during their continuance in office"; and upon TERRITORIAL LAWS, 1813-14 443 their refusing to take the oath aforesaid, their office shall be vacated, and shall be filled in the same manner as if they had resigned. § 2. Be it further enacted, That all officers in the executive department of government, as well civil as mill- Executive de- tary, who shall hereafter be appointed and commissioned, partment, shall, in addition to the oath already to be administered, ^ ^°^* * take the oath prescribed in the first section of this act; and those who are not now directed by law to be sworn, shall also, before they enter upon the discharge of the duties of their aforesaid office, take the aforesaid oath; and upon their failing or refusing to take the aforesaid oath, their office shall be vacated, and filled in like man- ner as if they had resigned. § 3. Be it further enacted, That all persons in the judicial department of government, who shall hereafter Judicial of - be appointed and commissioned, shall, before they enter ficers, what upon the discharge of the duties of their aforesaid office, take the oath prescribed in the first section of this act; and upon their failing or refusing so to do, their office shall be va- oath. [ ] cated, and filled in like manner as if they had resigned. § 4. Be it further enacted, That all and every person who may hereafter desire to practice as an attorney or counsellor at law, in any court in this Territory, in addi- tion to the oath already by law to be taken by them, the oath prescribed in the first section of this act shall be administered to them ; and upon their failing or refusing to take said oath, they shall not be permitted to practice as an attorney or counsellor in said court. § 5. Be it further enacted. That each and every per- son, who by virtue of the provisions of this act shall ad- minister the oath prescribed in the first section of this law, to any person or persons, shall return a certified copy of such oath, mentioning therein the name of the person who took the oath and the nature of his office, to Attomies, their oath. Oath certi- fied to the clerk of the court. 444 INDIANA HISTORICAL COLLECTIONS the clerk of the court of common pleas of the county where such oath is administered, within thirty days after the same shall be administered, to be by said clerk re- corded in a book to be kept for that purpose ; and if any person whose duty it shall be to comply with the requisi- tions of this section, shall fail to perform the same, he or they, upon conviction by indictment, shall be fined in any sum not exceeding one hundred dollars, nor less than ten dollars. § 6. Be it further enacted, That if any person shall take a false oath, under the preceding sections of this act, upon conviction thereof by indictment, he shall suffer all the pains and penalties of perjury. Persons prose- cuted, who witnesses. Persons going out of the Territory to fight, how dealt with. Duty of per- sons having knowledge of challenges. [ 89 ] § 7. Be it further enacted, That hereafter where any person shall be prosecuted for having sent or received a challenge, or of having fought a duel and having killed or wounded his opponent, the bearer of the challenge, or of the answer thereto, or the second or seconds, shall be exempt from any punishment or penalty therefor, and be considered, deemed and taken as competent wit- nesses on the said prosecution. § 8. Be it further enacted, That if any citizen of, or person residing within this Territory, shall go into any State or Territory belonging to the United States, for the purpose of fighting a duel, and shall actually fight the same, shall upon conviction thereof by indictment, be fined in any sum not exceeding two thousand dollars, nor less than one hundred dollars. § 9. Be it further enacted. That it shall be the duty of every person having knowledge of any other person or persons having sent or received a challenge to fight a duel, or in single combat, with any deadly weapon, im- mediately to go before some judge or justice of the peace, and upon oath give information thereof ; and every person failing to give such information, upon conviction thereof, TERRITORIAL LAWS, 1813-14 445 shall be fined in any sum not exceeding five hundred dol- lars, nor less than one hundred dollars. § 10. Be it further enacted, That all fines assessed un- der this act, shall, when collected, be appropriated by the court of the county where the same may be assessed, to the use of the seminary of learning or public school, which may be established in said M Fines when collected how appropriated. [ 90 ] county, in such manner as the said court may deem proper. § 11. Be it further enacted, That so much of the law for the prevention of vice and immorality, as fixes a pun- ishment upon the bearers of challenges, and so much of the said law as limits the prosecution of the offence of duelling to thirty days, be and the same is hereby re- pealed. This act to take effect and be in force from and after the passage hereof. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 18, 1813 — Approved, TH. POSEY. CHAPTER IX. An ACT to amend the act regulating the Inspection of Flour, Beef and Pork. § 1. BE enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the au- thority of the same. That any and every person or persons who shall export from this territory, beef or pork, packed in barrels or otherwise, or flour manufactured, may ex- 446 INDIANA HISTORICAL COLLECTIONS port the same without having it inspected, under the pro- visions of the act to v^'hich this is an amendment. [ 91 ] This act to take effect from and after the passage there- of. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 20, 1813— Approved, TH. POSEY. CHAPTER X. An ACT for the formation of a new county out of the counties of Harrison and Clark. § 1. BE it enacted by the Legislative Council and Haiise of Representatives, and it is hereby enacted by the Boundaries authority of the same, That from and after the seven- andname. teenth day of January, eighteen hundred and fourteen, all that part of the counties of Harrison and Clark in- cluded within the following bounds, to wit : Beginning at Freeman's corner, on the meridian line, thence south- wardly with said line to the intersection of an east and west line running through the centre of township one south ; thence with the same eastwardly to the summit of the Silver creek knobs ; thence north-eastwardly with the extreme heighth of the same between the waters of Silver creek and Blue river, to the line dividing ranges six and seven east; thence with said range line northwardly to the Indian boundary; thence with said boundary to the place of beginning, shall compose one new county, called and known by the name of Washington. [ 92 ] § 2. And be it further enacted, That the county of TERRITORIAL LAWS, 1813-14 447 Washington shall enjoy all the rights and privileges ap- Rights and pertaining to the counties heretofore established in the privileges. Indiana territory ; and it shall be lawful for the coroners, sheriffs, constables and collectors of said counties of Har- rison and Clark, to make distress for all taxes, levies and officers' fees remaining unpaid by the inhabitants within the bounds of said new county, at the time such division shall take place, and they shall be accountable for the same in the like manner as if this act had never been passed; and the courts of Harrison and Clark counties shall have jurisdiction in all suits, pleas, plaints and pro- ceedings, which may before the aforesaid 17th day of January next, have been commenced, instituted and de- pending within the present counties of Harrison and Clark, shall be prosecuted to final judgment and effect, issue process and award execution thereon. § 3. And be it further enacted by the authority afore- said, That Joseph Paddox, Peter M'Intosh and Ignatius Commis- Abel, of Harrison county, Marston G. Clark and Joseph sioners,who Bartholomew, of Clark county, be, and they are hereby and where to appointed commissioners, to designate the place for the ^°""^®^®' permanent seat of justice for Washington county, agree- able to an act entitled "an act for fixing the seats of justice in all new counties hereafter to be laid off." The commissioners above named, or others appointed by the proper court, shall convene at the house of William Lind- ley, on Blue river, on the seventeenth day of January [ 93 ] next, and then proceed to discharge the duties assigned them by law. § 4. And be it further enacted, That the judges of the court of common pleas of the new county aforesaid, shall, within six months after the permanent seat of justice be established, proceed to erect the necessary public build- ings thereon. § 5. And be it further enacted, That until suitable ac- commodation can be had (in the opinion of said court) Judges to erect neces- sary build- ings. Courts where to be held. 448 INDIANA HISTORICAL COLLECTIONS at the seat of justice of said new county, all courts of justice for the same shall be holden at the house of Wil- liam Lindley. This act to be in force and take effect from and after the seventeenth day of January, A. D. 1814. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 21, 1813 — Approved, TH. POSEY. Voluntary in- formers liable for costs. Same before a justice. CHAPTER XL An ACT to prevent malicious pr-osecutions. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That in all cases where an indict- ment or presentment shall hereafter be found within this Territory, upon the voluntary information of any person or persons, the name or names of such person or persons giving such voluntary information, shall [ 94 ] be endorsed as prosecutor or prosecutors, on the back of such indictment or presentment; and the person or per- sons whose names are so endorsed, shall be held responsi- ble for and bound to pay all costs that shall accrue in such cases as the court shall determine that such informa- tion was voluntarily given, and that there were no prob- able grounds for such prosecution; and the person or persons whose name or names are so endorsed shall be considered competent witnesses; any law, custom, or usage to the contrary notwithstanding. § 2. Be it further enacted, That in all cases where the United States' prosecutions fail before justices of the peace, or where the parties are recognized to the circuit, TERRITORIAL LAWS, 1813-14 449 or courts of common pleas, and there dismissed, in either case, the complainant shall pay the justice's and con- stable's costs, unless the justice shall consider, or the court certify that there was probable cause of complaint, and in either case no costs shall be chargeable. § 3. Be it further enacted, That no person or persons gaining any suit or action in civil cases hereafter to be instituted or commenced within this Territory, shall be held responsible for or bound to pay any costs which may have accrued in such suit or action ; any law, custom, or usage to the contrary notwithstanding. § 4. And he it further enacted, That in all actions of slander, assault and battery, and trespass vi et armis, Verdict carry hereafter instituted in any of the courts in this Territory, full costs, the verdict of a jury for the plaintiff or defendant Persons gain- ing suit in civil cases not liable for costs. [ 95 ] shall carry full costs; any law to the contrary notwith- standing. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 21, 1813 — Approved, TH. POSEY. CHAPTER XIL An ACT to amend the act entitled "an act to amend an act regulating the admission and practice of attomies and counsellors at law, and for other purposes." §1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That the judges of the court of J^l^gesap. common pleas, in the several counties in this Territory, ^rosecuSn shall appoint some person legally authorized or licenced attornils."^ 30—49011 450 INDIANA HISTORICAL COLLECTIONS Superior courts to cer- tify services. to practice as an attorney and counsellor at law in this Territory, as prosecuting attorney in the superior and in- ferior courts in the respective counties, who shall receive, in addition to the fees now allowed by law, such compen- sation as the courts in their discretion may allow, to be paid by the county; and the inferior courts shall certify the allowance to the proper officer, who shall pay the same, if he has funds of the county in his hands. § 2. Be it further enacted, That the superior court shall certify to the court of common pleas, of the services having been per- Salary of at- torney gene- ral abolished. [ 96 ] formed by the prosecuting attorney, who shall make an allowance to the said prosecuting attorney, and certify it as directed in the preceding section. And that the at- tornies so appointed shall hold their offices during good behaviour, to be judged of by the court of common pleas. § 3. Be it further enacted, That from and after the passage of this act, the salary of attorney general within this Territory, shall be abolished ; and it shall be the duty of the several prosecuting attomies in the several counties within this Territory, to discharge all the duties which by law the attorney general is now bound to discharge. § 4. Be it further enacted. That the fifth section of the act to which this is an amendment, be and the same is hereby repealed. This act to take effect from and after the first day of February next. JAMES NOBLE, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. December 21, 1813 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 451 CHAPTER XIII. An ACT to amend an act entitled "an act authorising the appointment of a Pilot." § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the Exempt authority of the same, That the pilots that now are, or from militia hereafter may be appointed at Jeffersonville, and duty. [ 97 ] their successors in office, shall be and they are hereby exempted from militia duty, any law or usage to the con- trary notwithstanding, upon their paying, in time of peace, five dollars each, and in time of war, twenty dollars each, to be paid annually to the collector of the territorial tax of the proper county, for the use of the territory; and also exempt from working on public roads, by paying fifty cents for each day he shall be legally warned to work, to the owners of the road; and also exempt from serving on juries. This law to take effect from and after its passage. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 21, 1813 — Approved, TH. POSEY. CHAPTER XIV. An ACT to authorise the Collectors of Taxes to make deeds in certain cases. § 1. BE it enacted by the Legislative Council and House of Representatives, That hereafter when any col- Form of deed, lector shall sell any lands for the non-payment of taxes due thereon, it shall be the duty of such collector to give 452 INDIANA HISTORICAL COLLECTIONS to the purchaser a deed therefor, in the following form, to wit : "Whereas I, A.B. collector for the county of of the territorial and county tax for the year have on this day of N Before whom acknow- ledged. in the year [ 98 ] exposed to sale acres of land. the property of CD. or so much thereof as would bring the tax and costs due thereon, situate (here describe the land) in the county of having first advertised the same according to law; and whereas E.F. at said sale became the purchaser of acres (if less than the whole tract is sold, describe the corner of the lot or tract off of which it is to be taken) for the sum of dollars and cents, being the tax and costs due thereon for the year . This indenture therefore wit- nesseth, that I, A.B. collector of the county of for and in consideration of the sum of dollars and cents, do hereby sell, alien, transfer and confirm all the right, title, interest and claim of CD. to acres of land (here describe the situation of the land) to E.F. of the county of and by these presents have sold, aliened, transferred and confirmed unto E.F. the said acres of land with the appurtenances thereunto belonging, his heirs and assigns forever ; reserving to the said CD. his heirs or assigns (as the case may be) the right which the said CD. shall by law have to redeem the same." § 2. Be it further enacted, That it shall be the duty of the collector, upon the execution of a deed, as prescribed in the first section of this act, to acknowledge the same before the judge or justice who shall attend the sale; and if such judge or justice should die or resign before the acknowledgement of said deed, then and in that case the said deed shall be acknowledged in some court TERRITORIAL LAWS, 1813-14 453 [ 99 ] of record in the county where the sale shall take place. § 3. Be it further enacted, That no purchaser of any When record- tract of land, under the provisions of this act, shall have ed. his or their deed recorded, until the expiration of the time of redemption by law, after the execution of said deed : Provided nevertheless, that nothing in the eighth section of the act establishing the recorder's office and for other purposes, shall be so construed in any way to affect pur- chasers under the provisions of this act. JAMES NOBLE, Speaker of the House of Representatives, JAs. BEGGS, President of the Legislative Council. December 22, 1813 — Approved, TH. POSEY. CHAPTER XV. An ACT legalizing the proceedings and changing the place of holding the courts of common pleas of Warrick county. WHEREAS it has been represented to the legislature, by the court, sheriff and clerk of Warrick county, that certain courts of common pleas for the said county of Warrick, have been held at the house of Hugh M'Gary, in said county, instead of the house of Bailey Anderson, as is required by law, and that the said house of Hugh M'Gary is much more convenient than the house of the said Bailey Anderson, for the holding of the courts of common pleas of the said Warrick county : therefore, [ 100 ] § 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the proceedings of the said 454 INDIANA HISTORICAL COLLECTIONS Where the courts shall be held. Proviso. courts of common pleas of Warrick county, which have been held at the house of the said Hugh M'Gary, shall be and the same are hereby declared as valid, legal and bind- ing, to all intents and purposes, as if the said courts had been held at the house of the said Baily Anderson, agree- ably to an act entitled "an act for the formation of two new counties out of the county of Knox." § 2. And be it further enacted, That from and after the passage of this act, the said courts of common pleas and circuit courts for the said county of Warrick, shall be held at the house of the said Hugh M'Gary, at Evans- ville, in said county, any thing in the act entitled "an act for the formation of two new counties out of the county of Knox", to the contrary notwithstanding: Provided always, That so soon as the seat of justice for the said county of Warrick shall be established, and the necessary public buildings erected thereon, it shall be the duty of the court of common pleas and circuit court for the said county of Warrick, to adjourn thereto, agreeably to the provisions of the said act entitled "an act for the forma- tion of two new counties out of the county of Knox." JAMES NOBLE, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council. December 24, 1813 — Approved, TH. POSEY. Apportion- ment. [ 101 ] CHAPTER XVL An ACT apportioning the members to the House of Repre- sentatives of the Indiana Territory. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That from and after the term for which the present members of the House of Representa- TERRITORIAL LAWS, 1813-14 455 tives have been elected, the following shall be the appor- tionment of members to the House of Representatives, to wit : the county of Warrick, shall elect one representa- tive ; the county of Gibson, one ; the county of Knox, one ; the county of Washington, one; the county of Harrison, one; the county of Clark, one; the county of Jefferson, one ; the county of Dearborn, one ; the county of Franklin, one; and the county of Wayne, one; and the election for the same shall be holden at such time and place, in such manner and under such regulations as now are, or shall hereafter be provided by law. § 2. And be it further enacted, That if any vacancy or vacancies shall occur, by death, resignation or otherwise. Vacancies how the governor shall issue his writ of election to supply such fi^^^'^- vacancy or vacancies, that the representation from each county may be kept complete and every part of the Ter- ritory enjoy a just and equitable share in the representa- tion of the same. § 3. Be it further enacted, That if any new county or counties shall be hereafter erected, previous to any altera- ^.^^ ^ ^^ _ tion in the resented. [ 102 ] present appointment, there shall be elected for each and every new county so erected, one representative ; and the governor, if necessary, is hereby authorized and required to issue writs of election for the same ; and if any member who is elected a representative for any of the before men- tioned counties, named in the first section of this act, shall reside in any such new county, his seat in the House of Representatives shall be deemed and is hereby declared vacated, which vacancy shall be supplied in the same manner as is provided in other cases. § 4. And he it further enacted, That the act entitled "an act for apportioning the members to the House of Representatives, and for other purposes," approved the 456 INDIANA HISTORICAL COLLECTIONS nineteenth day of December, one thousand eight hundred and ten, be and the same is hereby repealed. JAMES NOBLE, Speaker of the house of Representatives. JAs. BEGGS, President of the Legislative Council. December 24, 1813 — Approved, TH. POSEY. Instruments of writing not under seal evi- dence before a court. CHAPTER XVIL An ACT to render the practice in courts more ea^ and plain. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That hereafter when any suit shall be commenced in any of the courts in this Territo- [ 103 ] ry, having jurisdiction thereof, founded on any writing, whether the same be under seal or not, open accounts ex- cepted, the court before whom the same is depending, shall receive such writing as evidence of the debt or debts, for which it was given, and it shall not be lawful for the defendant or defendants in any such suit to deny the exe- cution of such writing, unless it be by plea, supported by the affidavit of the party putting in such plea ; which affi- davit shall accompany the plea, and be filed therewith at the time such plea is filed; which affidavit may be made before any justice of the peace, or before the clerk of the court where such suit may be depending, or before any judge or justice of the peace or any other person author- ized to administer oaths, in any other State or Territory, having the same certified by the clerk of the court of the county where the same may be sworn to. § 2. Be it further enacted. That when any judgment TERRITORIAL LAWS, 1813-14 457 rect execution to the sheriff of another county. which may have heretofore or which may hereafter be Clerk may di- rendered in any of the courts of common pleas in this Territory, and the person or persons against whom the judgment is rendered, shall have no goods and chattels in the county to satisfy the same, it shall be lawful for the clerk of the court, upon application to him by the person in whose favor the judgment was rendered, or by attor- ney, to issue a fieri facias against the goods and chattels of the person or person against whom judgment is ren- dered, or any other process, authorized by law to carry the judgment into effect, and direct the same to the sheriff or [ 104 ] coroner, as the case may be, in any county in the terri- tory; and the sheriff or other officer shall proceed to levy the execution, and in all other respects, as if the execution had issued from the clerk's office of the court of common pleas in his own county, and shall return the execution to the office from whence it came. § 3. Be it further enacted, That so much of the act to which this is an amendment, as makes it necessary when two or more are dealing together, and a suit brought, that if the jury find that the plaintiff is in arrear to the defendant, they shall certify the same to the court, be and the same is hereby repealed; and that hereafter the jury shall find as the case may be, and bring in their verdict, if for the defendant, and judgment shall be rendered as in other cases. § 4. Be it further enacted, That when any plaintiff or defendant shall except to the opinion or judgment of any court of record in this territory, and the court shall refuse to sign said bill of exception, than and in that case it shall be lawful for the party tendering such bill of ex- ceptions, to get the same signed by two or more of the by-standers, who are privy to the subject matter of the said bill of exception, and file the same with the papers in the suit, and it shall be deemed and taken as a part of the record. Finding for plaintiff in ar- rear repealed. Bill of excep- tions sig^ned by the by- standers where court refuse. d 458 INDIANA HISTORICAL COLLECTIONS § 5. Be it further enacted, That the benefits of the Jeofails. twenty-seventh section of the act regulating the practice in the general court and court of common pleas, and for other purposes, relative to amendments and jeofails, be extended to pleadings in court be- [ 105 ] fore verdict, in the same manner as they are now extended after verdict; and hereafter no demur, whether general or special, shall be sustained, where the causes of demur are for any defect in the pleadings, where said defects are contained in the said law relative to amendments and jeofails. § 6. Be it further enacted, That the several courts of Courts to cor- record within this territory may, and they are hereby rect errors. directed, upon motion to them made at the term at which judgment may be rendered, or at any subsequent term of said court, to correct any error in said judgment, where there is any thing among the papers filed in the suit upon which the said judgment was entered, to correct the same by. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 24, 1813 — Approved, TH. POSEY. CHAPTER XVin. An ACT to dissolve the marriage of Arrabella Davison with her husband Daniel Davison. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the bond of matrimony con- tracted between Daniel Davison and Arrabella O TERRITORIAL LAWS, 1813-14 459 [ 106 ] Davison, be and the same is hereby dissolved, from this day; and that the said Arrabella is now as completely freed from the bonds of matrimony as if she had never contracted them. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 24, 1813 — Approved, TH. POSEY. CHAPTER XIX. An ACT supplementary to the act entitled "an act regu- lating the duties of Sheriffs, and for other purposes." § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That when any execution or attach- Sheriff or ment for debt, damages or costs, shall hereafter issue coroner fail- f rom any court of record, directed to any sheriff or coro- ^"^ ^ return ner within any of the counties of this territory, and put ^^°h ^^'4.1,°^ in the hands of such sheriff or coroner respectively; and if said sheriff or coroner shall fail or neglect to return the same at the proper return day therein mentioned to the clerk's office from which the same issued, or shall make a false return thereon, or if he shall have made the money, or any part thereof, on said execution or attach- ment, and fail to pay the same over to the party in whose favor said execution or attachment issued, or to his at- torney, [ 107 ] or into the clerk's office, according to the tenor and effect of said execution or attachment ; it shall and may be law- ful for said court out of which the same issued, upon I! 460 INDIANA HISTORICAL COLLECTIONS Justices ne- glecting to pay over monies to be dealt with in a summary way. motion to enter judgment against said sheriff or coroner and their securities for the sum due on said execution or attachment, where the same shall not be returned on the retuiTi day, or for the amount of money levied, but not paid over as above, with fifteen per centum per annum from the time the money ought to have been paid until the same shall be paid, with costs of suit; and where the sheriff or coroner shall die or resign, the same proceed- ings shall be had against their securities, by motion, as herein above directed : Provided, the said sheriff or coro- ner and their securities shall receive ten days' previous notice of said motion; any law to the contrary notwith- standing. § 2. And be it further eTiacted, That all monies here- tofore collected by any justice of the peace, or hereafter collected by any justice of the peace in this territoiy, agreeably to the law of the territoiy, and who fails, or who have failed to pay over the same to the plaintiff or defendant (as the case may be) and by the time author- ised by law, it shall be lawful for the party aggrieved to recover, in a summary way, judgment against the justice in the court of common pleas of the proper county, for the amount of the sum so recovered by the justice, with ten per cent, in damages and costs, upon ten days' notice: Provided also, that previous to such notice a demand shall be made of the money by the person claiming of the said justice, and [ 108 ] that the constable shall be deemed and taken as a com- petent witness. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 24, 1813 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 461 CHAPTER XX. An ACT for the relief of James Crow, collector of Knox county for the year 1812. WHEREAS it is represented to this legislature, that James Crow, sheriff and collector of the territorial tax of Knox county, for the year one thousand eight hundred and twelve, deposited with the former treasurer of the Territory, before the first day of May 1812, but after the said treasurer had resigned, upwards of four hundred dollars, which, together with his list of delinquents, has overpaid the amount of territorial tax with which he was charged for that year ; that on the ninth of July last, soon after the present treasurer was appointed, and the office removed to Corydon, he obtained a receipt for said money, from the present treasurer, and that the auditor hath charged him with the interest on the said money : § 1. Be it therefore enacted by the Legislative Council and House of Representatives, That James Crow, collector of the territorial tax of Knox county, for the year one thousand eight hundred and twelve, be exempt and dis- charged from paying any in- [ 109 ] terest on the arrears of territorial tax for the county of Knox for the year one thousand eight hundred and twelve, and that the auditor is hereby directed to audit to James Crow ninety-one dollars and ninety cents, it being the amount overpaid by the said James Crow as collector of territorial tax for the year one thousand eight hundred and twelve. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 27, 1813 — Approved, TH. POSEY. 462 INDIANA HISTORICAL COLLECTIONS Persons burn- ning public buildings, &c. how fined. Trespassing on public property fined twofold. Failing to as- sist a public officer when called upon. Fines collec- ted, how ap- propriated. CHAPTER XXL An ACT to amend the act entitled "an act respecting crimes and punishments." § 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 wilfully burn any court-house, or county or public prison, or the office of the clerk of any court, or should bum any chapel, church or meeting house within this Territory, such person or persons, and his, her or their aiders, abet- tors, or counsellors, or either of them, shall, upon being found guilty on an indictment by a jury, be fined by the court, not exceeding five thousand dollars, and be con- fined in jail until the fine and costs are paid. [ 110 ] § 2. Be it further enacted, That if any person or per- sons shall wilfully commit any trespass, depredation, or injury of any kind, to any court-house or county prison, chapel, church or meeting-house, or who shall commit any trespass, depredation or injury of any kind to any estray pen, stocks, or fencing, erected by the proper authority, on any public square (unless such trespass shall come within the preceding section) shall, upon being found guilty by a jury on an indictment, be fined by the court in twofold for the injury sustained. § 3. Be it further enacted, That any person or persons called upon by any sheriff or other officer to assist in the execution of his office, and failing to obey in case when such person or persons may be legally called on, every such person, unless he shows sufficient cause for not at- tending as aforesaid, shall be fined by the court having competent jurisdiction, in any sum not exceeding fifteen dollars, upon being found guilty upon an indictment. § 4. Be it further enacted, That all fines recovered un- der the provisions of the preceding sections of this act, shall be for the use of the proper county (except where TERRITORIAL LAWS, 1813-14 463 any injury is done to any chapel, church or meeting- house) in that case the fines shall be for the benefit of the society who shall have erected the same. § 5. Be it further enacted by the authority aforesaid, That hereafter every charge of incest, fornication, adul- Slanderous tery, or whoredom, made by any person against one of words made the female sex, shall be placed on the same foot- ^^ ^°^^ ^' [ 111 ] ing as other charges of a criminal nature, for which an action will lie according to the principles of the common law ; and that all and every person or persons for whom an action would lie for the speaking of scandalous words, may have and maintain an action of slander, for the speaking of words containing a charge of the commission of the offences aforesaid, or any of them, subject to the like principles, rules, and regulations, as are observed in other actions for slanderous words. JAMES NOBLE, Speaker of the House of Representatives. SOLOMON MANWARING, President pro tern, of the Legislative Council. December 27, 1813 — Approved, TH. POSEY. CHAPTER XXIL An ACT for the regulation of the town of Charlestown. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the following persons be and Trustees ap- they are hereby appointed trustees of the town of Charles- pointed by town, to continue in office until the first Monday in Janu- ^^'^• ary, 1815, viz: James M'Campbell, James M'Fagertt, William Bowen, Andrew P. Hay and James Bigger, a majority of whom shall form a quorum; which said trus- 464 INDIANA HISTORICAL COLLECTIONS tees shall be a body corporate in deed, fact and in name, by the name and style of the trustees of Charlestown, [ 112 ] and by the same name shall have perpetual succession, and they and their successors at all times hereafter, by the name of the trustees of Charlestown, shall be persons able and capable in law, to sue and be sued, plead and be impleaded, in any court of justice whatever. § 2. Be it further enacted, That the holders of lots in How elected the said town, being residents thereof, shall be and they in future. are hereby authorised to elect five trustees, annually, on the first Monday in January ; that it shall be the duty of the sheriff of the county of Clark, to advertise, twenty days previous thereto, at the door of the court-house, that such an election will be held, and also to superintend and conduct the same; for which services compensation shall be made him by the trustees. § 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 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 the valuation of said lots, the house and other improvements erected thereon shall not be taken into consideration. § 4. That on the return of each list of taxable prop- Trustees to le- erty by the assessor, the trustees shall levy a tax thereon, vyatax. at a rate not exceeding two per centum on the valuation of such lots, for opening the commons and clearing and keeping in repair the streets. Appointment of a clerk and assessor and their duties. [ 113 ] and such other improvements thereon as may be thought necessary by the trustees. § 5. That the trustees shall annually, at the time they TERRITORIAL LAWS, 1813-14 465 appoint an assessor, appoint a collector, who shall, before he enters on the duties of his office, give bond and security to the trustees, or a majority of them, in double the sum to be collected, conditioned for the faithful collection and accounting for the same according to law; that the said collector shall, by sale of such lots, or otherwise, collect and account with the trustees of said town for the amount of the taxes with which he shall be charged, within four months from the time of his appointment ; for the collec- tion of which the trustees shall allow him seven per cen- tum on the whole amount. Before the said collector shall expose to sale any property for the taxes due thereon, he shall advertise the time and place of sale for two weeks at the court-house door of Clark county, and in one of the public newspapers, either in Louisville or in the ter- ritory. § 6. On the death, resignation or removal of any one of the trustees, the same shall be filled by the remaining trustees, who shall appoint a successor, to continue in office until the next election. § 7. That the trustees of the said town shall have the original plan recorded in the recorder's office of Clark county, and may, by affixing posts or stones at the corner of each square, perpetuate the same. § 8. That any three of the trustees shall be sufficient to form a board. Trustees to appoint a col- lector, who shall give bond. Plan of town recorded. [ 114 ] § 9. Be it further enacted, That the said trustees, or a majority of them, shall have full power from time to time and at all times hereafter, to hold a common council with- in the said town, and to make such by-laws, ordinances and regulations, in writing, not inconsistent with the laws of the territory, or of the United States, as to them shall appear necessary for the good government of the said town, and the inhabitants thereof, and the same to put Trustees have power to make by-laws. 81—49011 466 INDIANA HISTORICAL COLLECTIONS in execution, revoke, alter, and make anew, as to them shall appear necessary for the police of the said town. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 27, 1813 — Approved, TH. POSEY. CHAPTER XXIII. An ACT for the relief of Willis W. Goodwin. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That the auditor be and he is here- by authorized and required to give Willis W. Goodwin a credit of eighty-six dollars and nineteen cents, for all the interest that he is charged with for the year 1808, for ter- ritorial taxes. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 27, 1813 — Approved, TH. POSEY. Plaintiff may require the defendant to answer on oath, or vice versa. [ 115 ] CHAPTER XXIV. An ACT supplementary to the several acts for the trial of small causes. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That in trials, in cases of debt or account, before a justice of the peace, it shall be lawful for the plaintiff to require the defendant to answer on oath to the charge, but if the defendant shall thereupon TERRITORIAL LAWS, 1813-14 467 deny the same, the plaintiff shall not have judgment un- less he shall establish his claim by one or more credible witness or witnesses. And wherever the defendant shall allege matter in payment of the plaintiff's demand, he may in like manner, and subject to the like rules, require the plaintiff to answer such allegations on oath; and on neglect or refusal to attend or answer, after summons, the justice may use attachment and compulsory proceed- ings for contempt, so as to procure confessions, according to the true intent and meaning hereof : Provided however, That nothing herein contained shall be so construed as to authorize either party to be sworn, unless thereto re- quired by the adverse party. This act shall be in force from and after the first day of March next. § 2. Be it further enacted, That from and after this Summons to is- act shall take effect, the summons shall issue in all cases, sue in all cases except where the plaintiff may require a capias to issue, except a ca- §3. And be further enacted. That it shall be lawful ??.^!_^^^ ''^" for any justice of the peace to issue his summons or war- rant, so as to bring any person or persons to trial, where the [ 116 ] cause of action originated, or where the person or persons may be found ; any law to the contrary notwithstanding. JAMES NOBLE, Speaker of the hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. December 31, 1813— Approved, TH. POSEY. quired. CHAPTER XXV. An ACT to amend the act entitled "an act authorizing the courts of common pleas to issue writs of habeas corpus and certiorari, in certain cases." 468 INDIANA HISTORICAL COLLECTIONS Person ap- plying for, make out his statement under oath. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That hereafter any person apply- ing for a writ of certiorari, under the directions of the act to which this is a supplement, shall make out his state- ment in writing, and support it by oath or affirmation, or otherwise it shall not be received by the judge or court; and any judgment of a justice of the peace, being con- firmed by the court, they shall, upon application to them, give ten per centum in damages, besides legal interest and costs ; and there shall be no stay of execution. § 2. And be it further enacted, That this act, and the act to which this is a supplement, shall be construed to extend to proceedings in misdemeanors before justices of [ 117 ] the peace, as well as civil cases ; any law to the contrary notwithstanding. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 31, 1813 — Approved, TH. POSEY. Former offices abolished. Governor appoint a treasurer and his duties. CHAPTER XXVL An ACT for the appointment of a territorial treasurer. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the offices of the territorial auditor and treasurer, be, and the same are hereby abol- ished. § 2. Be it further enacted, That the governor shall ap- point a territorial treasurer, who shall continue in office during pleasure, whose duty it shall be to keep the ac- counts of this Territory, with any State or Territory, and TERRITORIAL LAWS, 1813-14 469 with the United States, or any individual ; to audit all ac- counts of the civil officers of this Territory, who are paid out of said treasury, and of all other persons authorized to draw money out of the treasury; but nothing herein shall be so construed as to authorize the treasurer to audit any account, or give any certificate, which would enable any person or persons to receive any sum or sums of money, unless in cases particularly authorized by law. [ 118 ] § 3. Be it further enacted, That the said treasurer, be- fore 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 thou- sand dollars, conditioned as follows: that he shall justly and honestly audit, and fairly keep the accounts between this Territory 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 office, all monies, books, and other vouchers, which shall be by him kept, by virtue of this law, and moreover take the following oath or affirmation: "I, A.B. do solemnly swear, (or afllirm, as the case may be) that I will justly and honestly perform the duties of treasurer of this Territory, to the best of my skill and judgment; so help me God." § 4. Be it further enacted, That the said treasurer 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 ac- count of all taxes and other monies which may be due to any person from this Territory ; and it shall be the duty of such treasurer to make out and present to both houses of the legislature, a transcript of said accounts, shewing the amount of all monies by him paid, 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 soon after as the legislature may require ; and shall more- over at all times submit his office to the inspection of a committee of the Give bond with security. Make list of accounts and present it to the legisla- ture. 470 INDIANA HISTORICAL COLLECTIONS Keep record of warrants. Receive listers' books & charge collec- tors. Keep ac- count of all monies re- ceived and paid out and make state- ments to the legislature. [ 119 ] legislature, who shall examine the same, and make report of the situation thereof. § 5. Be it further enacted, That the said treasurer, shall keep a fair record of all warrants and certificates by him drawn, numbering the same in a book by him to be kept for that purpose. § 6. Be it further enacted, That it shall be the duty of the treasurer to receive the listers' books, fonvarded to him by the several clerks of the couils of the several counties, which the clerks of the said courts are hereby required to transmit, annually, on or before the first day of October, by which book the treasurer shall ascertain the amount to charge to each sheriff or collector of terri- torial tax; which amount, if not paid by the first day of April, annually, the said treasurer is hereby required to motion against said delinquent, in any court having com- petent jurisdiction thereof; which court shall thereupon enter up judgment and award execution, and forward the same to the coroner of the proper county, whose duty it shall be to collect and pay over the same as in other cases, without any stay of execution. Any person or persons failing or neglecting to perform the duties enjoined on them by the foregoing section, shall be fined in any sum not exceeding five hundred dollars, by indictment, for the use of the territory. § 7. Be it further enacted, That the said treasurer shall keep a regular account of all monies he receives and pays, stating on what account the particular sum was paid or received, and the time when, and make fair [ 120 ] statements thereof as often as the Legislature may re- quire; and on receiving any sum of money, he shall re- ceipt for it to the person paying the same ; he shall deliver all public monies in his possession to the succeeding treas- urer, in a convenient time after said treasurer shall have been appointed, and shall direct the proper attorney to TERRITORIAL LAWS, 1813-14 471 motion against all delinquents, for the payment of public monies, which have heretofore accrued to the territory. § 8. Be it further enacted, That it shall be the duty of the several clerks of the courts within this territory, to make out statements of the amount due from their re- spective counties to the territory, at least twenty days previous to the meeting of the Legislature; which state- ment he shall deliver to the representative of his county, or should there be no such representative, then he shall forward such statement, by any safe conveyance, to the speaker of the House of Representatives; and the state- ment so brought or forwarded, shall be filed among the papers of the Legislature, as documents by which they may be able to settle with the treasurer. § 9. Be it further enacted, That any person or persons who may now, or hereafter have a legal demand against the territory, shall and may receive an evidence thereof, in a bill or bills, of one, five, ten, or twenty dollars, at the option of the creditor, and where cents intervene, they shall be added after the dollars, in either or any of the bills; and the treasurer shall issue the same, agreeably to the form now prescribed by Clerks of courts to make statements of territorial taxes due by their coun- ties and de- liver it to their repre- sentative. Receive bills as evidence of his demand. [ 121 ] law, and shall keep a register of such warrants or certifi- cates, and shall have printed at the expence of the terri- tory, such number of blanks as may be necessary for his office, and shall moreover audit accounts in no other way than as above described : Provided however, that no sheriff shall be entitled to receive any interest on terri- torial paper, which he may receive for the payment of taxes, or which he may pay into the territorial treasury, as a discount for the amount of the same charged against said sheriff in the said office, after the first day of Janu- ary annually. § 10. Be it further enacted, That it shall be the duty of the present auditor and treasurer, within ten days Present audi- af ter the governor shall appoint a treasurer, agreeably to tor and trea- surer to de- liver over books and pa- pers. Treasurer, his salary. 472 INDIANA HISTORICAL COLLECTIONS the preceding sections, to deliver over to the territorial treasurer, all books, accounts, records, monies, blanks, papers, and other things appertaining to their respective offices, under the penalty of five hundred dollars, at the suit of the prosecuting attorney, for the use of the terri- tory, before any court having competent jurisdiction ; and moreover the treasurer shall reside at the seat of govern- ment. § 11. Be it further enacted, That the act entitled "an act for the appointment of an auditor and territorial treasurer," and all other laws coming within the purview of this act, be and the same are hereby repealed. § 12. And he it further enacted, That the treasurer shall have for his services, two hundred and fifty dollars per annum, to be Q [ 122 ] paid out of the territorial monies, in the same manner as other claims are by law. This act to take effect from and after the first day of February next. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 31, 1813 — Approved, TH. POSEY. CHAPTER XXVII. An ACT to dissolve the marriage of Elizabeth Green with Jonah Green her husband. WHEREAS sufficient evidence has been produced to this general assembly, that Jonah Green has abandoned, for some years, his wife Elizabeth Green, formerly Eliza- TERRITORIAL LAWS, 1813-14 473 beth Purcell, and her three children, to penury and want, and has otherwise ill-treated her by words and blows, and there is no hope of his providing for her, or them, as a husband and father ought to do ; for remedy whereof, § 1. Be it eimcted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That the bonds of matrimony here- tofore contracted between the said Jonah Green and Elizabeth his wife, formerly Elizabeth Purcell, be and the same is hereby dissolved, from and after the passage hereof; and that the said Elizabeth Green, formerly Elizabeth Purcell, be and is hereby as completely freed from the bonds of matrimony con- [ 123 ] tracted as aforesaid, as if the said marriage had never been contracted or solemnized. JAMES NOBLE, Speaker of the Hou^e of Representatives. JAs. BEGGS, President of the Legislative Council. December 31, 1813 — Approved, TH. POSEY. CHAPTER XXVin. An ACT to amend an act regulating the town of Jeffersonville. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That the trustees of the town of Trustees have Jeffersonville, or a majority of them, shall have full power to make power, from time to time, and at all times hereafter, at by-laws, their meetings in said town, to make such by-laws, ordi- nances and regulations, in writing, not inconsistent with the laws of this Territory or of the United States, as to 474 INDIANA HISTORICAL COLLECTIONS Shall give publicity to the same. them shall appear necessary for the good government of said towTi and the inhabitants thereof, and the same to put in execution, revoke, alter and make anew, as to them shall appear necessary for the police of said town, and for carrying this law into effect; and by ordinance to require such sureties from the several officers, and to annex such fees to the several officers of the corporation, and to impose such fines for neglect of duty, or malcon- duct in office, as to them shall appear necessary ; and to make, [ 124 ] limit, impose and tax reasonable fines against all, and upon all persons who shall offend against the laws, ordi- nances and regulations of said trustees, made as afore- said ; and all such fines to take, demand, require and levy, of the goods and chattels of such offenders, to be appro- priated to the benefit of the inhabitants thereof. And it shall be the duty of the trustees to give publicity to their by-laws and regulations, by advertising the same in some public place in said town. JAMES NOBLE, Speaker of the Hoxise of Representatives. JAs. BEGGS, President of the Legislative Council. December 31, 1813 — Approved, TH. POSEY. Present cir- cuit and courts of common pleas abolish- ed. CHAPTER XXIX. An ACT re-organizing the Courts of Justice. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the courts of common pleas and circuit courts now established by law in this Territory, shall be and are hereby abolished. TERRITORIAL LAWS, 1813-14 475 § 2. Be it further enacted, That all powers vested in the courts of common pleas, under the act entitled "an Powers trans- act organizing courts of common pleas," and under all ferredtothe other laws which are, or hereafter may be in force in this f ^^^^^^ courts riGl*GlT13.I LPT* Territory, and all powers vested in established. [ 125 ] like manner, in the present circuit courts, shall and are hereby transferred to the circuit courts, as are herein- after established : Provided also, That all county business, agreeably to the existing laws of this Territory, which was made the duty of the judges of the common pleas to transact, shall hereafter be transacted by the associate judges of the circuit courts, to be appointed as is herein- after directed. § 3. Be it further enacted, That the counties of Knox, Gibson and Warrick, shall be formed into and constitute Formation the first circuit; and the counties of Washington, Harri- of circuits, son, Clark and Jefferson, shall be formed and constitute the second circuit ; and the counties of Dearborn, Frank- lin and Wayne, shall be formed and constitute the third circuit ; and for each of the said circuits, one of the judges of the general court shall preside as a circuit judge, that is to say, for the first circuit, the honorable Benjamin Presidents Parke ; for the second and third circuits, the honorables assigned and James Scott and Waller Taylor, as follows : for the first associates ap- year, the honorable James Scott, for the third circuit, ^^^^ ^ ' and the honorable Waller Taylor for the second circuit; and after said first year, the said judges shall change their circuits alternately. And in case of a vacancy by death, removal from office, or resignation of any of the judges of the general court, so soon as the vacancy is filled by the proper authority, the judge shall preside in the courts in the circuit that his predecessor did. And for each county in the said circuits, there shall be ap- pointed and commissioned by the governor three 476 INDIANA HISTORICAL COLLECTIONS Jurisdiction. Part of the bench compe- tent to hold a court. Process. [ 126 ] associate judges, who shall hold their offices for and dur- ing good behavior, and shall be paid by the several coun- ties, in the same manner, and the same allowance as the judges of the present common pleas. § 4. Be it further enacted, That the said circuit and associate judges, shall hold a court in each county, in the circuits respectively, at the times and in the manner here- inafter directed, to be called "the circuit court of the county of in the circuit," and shall have, exercise, possess and enjoy, as a court of original juris- diction, all the power, authority and jurisdiction, in all process, suits, actions, bills, answers, causes, pleas, plaints, informations, indictments, presentments, and prosecutions, whatsoever, either civil or criminal, in equity or at law, as fully and amply as are now had, possessed, exercised and enjoyed in regard to the same, either by the circuit courts, courts of chancery, or the courts of common pleas. § 5. Be it enacted, That the circuit judge, in the ab- sence of the associate judges, and the associate judges, or two of them, in the absence of the circuit judge, shall be competent to hold a court. § 6. Be it enacted, That all the said process, suits, ac- tions, petitions, bills, answers, causes, pleas, plaints, in- formations, indictments, presentments, and prosecutions, civil or criminal, in equity or at law, shall and may be instituted, brought into and proceeded in and upon to final judgment, decree and execution, in the said circuit courts, in the same manner, upon the same principles. Clerks. [ 127 ] and under the same rules and regulations, as are now pro- vided in regard to the practice either of the general court, the courts of common pleas or circuit courts of the several counties. § 7. Be it cTiacted, That the present clerks of the TERRITORIAL LAWS, 1813-14 477 courts of common pleas, shall be appointed and commis- sioned by the governor, for each of the courts to be holden in the counties respectively as aforesaid ; they shall keep their office and reside at the seat of justice for the said counties, and hold their commissions during good be- havior, and shall do and perform the same duties, be entitled to the same fees and emoluments, and subject to the same fines, penalties, and forfeitures as are now pro- vided by law, in regard to the clerks of the circuit courts and common pleas : Provided also, That in all new coun- ties, hereafter to take effect, that a clerk shall be ap- pointed and commissioned by the governor, for each of the courts to be holden in the counties respectively as aforesaid, and who shall give bond in the same manner and under the same regulations as the law directs clerks of the courts of common pleas; and all vacancies shall be filled in like manner. § 8. Be it further enacted, That all pleas, plaints and process whatsoever, now sued out or may be sued out, previous to the promulgation of this act, and returnable to either of the said courts of common pleas or former circuit courts, shall be, and the same are hereby made returnable to the circuit court first to be holden in and for the county to which the said pleas, plaints, and process Process issued before the promulgation of this law, how returned. [ 128 ] may or shall properly belong; and that all actions, suits, causes, process, pleas, plaints, presentments, informa- tions, and indictments, now pending in any or either of the said courts of common pleas and circuit courts as aforesaid, together with all records, books, papers, ex- hibits, documents or memorandums, touching or in any wise relating to the same, or which properly may or shall belong to, or in any wise appertain to the offices of the said courts last aforesaid, shall by the clerks thereof re- spectively be delivered to the clerk of the circuit court of the proper county, as established by this act, within Records and books delivered over by the clerks to their suc- cessors. 478 INDIANA HISTORICAL COLLECTIONS Appeal how taken from justice. Fines, how es- treated. ten days from and after the commencement of this act, under the penalty of one thousand dollars, to be recov- ered by information or indictment, in any court having jurisdiction thereof. § 9. Be it enacted, That appeals may and shall be taken from the judgments of justices of the peace, to the circuit courts, in the same manner as is now provided by law in cases of appeals from the said justices to the common pleas; and the judges of the said circuit courts shall have the same authority, power and jurisdiction, in regard to the said appeals, as also in awarding writs of certiorari, as is now provided by law in respect to ap- peals and writs of certiorari from the said justices to the courts of common pleas. § 10. Be it eno.cted, That forfeited recognizances shall be sent and certified from the circuit to the general court, and all fines and amercements that shall be laid, offered or set before the judges of the said circuit courts, shall be estreated to the general Appeals from circuit to general court. General court to hold one session. [ 129 ] court, in the same manner as is now provided for certi- fying forfeited recognizances and estreating fines and amercements from the common pleas to the general court. § 11. Be it enacted, That appeals shall and may be taken from the said circuit court to the general court, and writs of error, habeas corpus, and certiorari, shall and may be sued out and prosecuted in all cases at law of a civil or criminal nature, from the general court to the said circuit courts, and proceeded in and upon, to and in the general court, in the same manner, upon the same principles, and under the same rules and regula- tions as are now provided in regard to the removal of cases by appeals, writs of error, habeas corpus, or cer- tiorari, from the courts of common pleas to and in the general court. § 12. Be it enacted. That the general court shall hold one session at the seat of government on the first Monday in September, annually. TERRITORIAL LAWS, 1813-14 479 sessions, when and where. § 13. Be it enacted, That the circuit court for each circuit shall hold three sessions in each county annually, Circuit court in the following manner, viz: In the third circuit, at to hold three Salisbury, in the county of Wayne, on the fourth Monday in May, August and November; at Brookville, in the county of Franklin, on the third Monday in May, August and November ; at Lawrenceburgh, in the county of Dear- born, on the second Monday in May, August and Novem- ber. In the second circuit: At Madison, in the county of Jefferson, on the first Monday in R [ 130 ] April, July and October; at Charlestown, in the county of Clark, on the third Monday in April, July and Oc- tober; at Corydon, in the county of Harrison, on the fourth Monday in April, July and October; at William Lindley's, in the county of Washington, on the second Monday in April, July and October. In the first circuit : At Vincennes, in the county of Knox, on the second Mon- day in May, August and November ; at the place of hold- ing courts in the county of Gibson, on the third Monday in May, August and November; at the place of holding courts in the county of Warrick, on the fourth Monday in May, August and November. § 14. Be it further enacted, That so much of the law as authorises the judges of the former circuit courts to hold special sessions for the trial of criminals, by com- mission from the governor, be and the same is hereby repealed; and that the circuit courts established by this act, shall be governed by the act entitled "an act author- ising the judges of the court of common pleas to hold special courts for the purposes therein named." § 15. Be it further enacted, That the secretary of the Indiana territory, be, and he is hereby required, to trans- mit immediately, a certified copy of this act, under his hand and the seal of the territory, to the several clerks Circuit courts governed by the act creat- ing special courts. Secretary to transmit certified copies. 480 INDIANA HISTORICAL COLLECTIONS of the circuit courts, in their respective counties, without fee or reward. Suits com- § 16. Be it further enacted, That all suits now depend- menced in the i^g in the general court, and general court transferred to the circuit. Practising physicians in- eligible to a seat as judge. [ 131 ] which were commenced in said court before the seat of government was removed from Vincennes to the town of Corydon, and all suits commenced in the said court since the said removal of the seat of government, in either of the above cases, where the venue is, or may hereafter be laid in any county in the territory, different from that in which the general court shall sit, the said suits shall and they are hereby transferred to the circuit court of the county where the venue is or shall be laid; and it shall be the duty of the clerk of the general court, to forward a copy of such proceedings as has been had, or any such suit as may have been instituted in the general court, and is hereby transferred to the circuits, under the penalty of five hundred dollars, to and for the use of the territory, to be recovered at the suit of the prosecut- ing attorney, in the county where the suit is or ought to be removed to; and all writs of habeas corpus, error, and certiorari, that is made returnable to the general court, which was to have been holden in the month of April next, and all process made returnable to said court, are hereby continued over to the term of said court to be holden in the month of September next. § 17. Be it further enacted, That no practising physi- cian shall in future be eligible to act as a judge of the superior or inferior courts of record within this territory, under the penalty of five hundred dollars, recoverable by indictment for the use of the proper county. [ 132 ] § 18. And he it further enacted, That this act shall take effect from and after its passage. TERRITORIAL LAWS, 1813-14 481 JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 31, 1813 — Approved, TH. POSEY. CHAPTER XXX. An ACT to amend the act entitled "an act supplementary to the several acts regulating public roads and high- ways. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That each and every white male person, sixteen years of age and upwards, and each and every male person of color, bond or free, sixteen years of age and upwards, shall be subject to work on roads and public highways, as is directed by law, except those that shall from time to time be exempted by the courts of common pleas for their respective counties, on account of their entire disability. § 2. Be it further enacted, That in case of default, or non-attendance of minors, or servants, to work on public roads, or highways, when legally called on as the law directs, the parent, guardian, or master, shall be held and deemed responsible for all fines and costs which are re- coverable by law. Persons six- teen years of age shall work on the roads. Parents or guardians ac- countable for non-atten- dance of mi- nors. [ 133 ] § 3. Be it further enacted. That it shall be lawful for the judges of the courts of common pleas, within their Supervisor, respective counties in this Territory, at their courts of his compensa- claims, to allow to each and every supervisor within their *^°"- counties, seventy-five cents a day, for every day they were faithfully engaged in warning the hands within their dis- 82—49011 482 INDIANA HISTORICAL COLLECTIONS Justices to proceed to collect from delinquents. trict; which account in all cases shall be sworn to. And it shall be the duty of the said supervisor, at the time he exhibits his accounts, to deliver to the court a list of all the delinquents within his bounds, stating with what justice he has deposited them for collection; which list shall also be sworn to be just and true. And it shall be the duty of every justice in whose hands delinquent lists are deposited, to proceed, within ten days, by summons or warrant, and collect the same, and pay the amount to the county treasury, as other fines, on or before the April term annually, under the penalty of five dollars for every such neglect, to be recovered in a summary way, before any court of record, by motion of the treasurer; and the fines collected as above, and paid into the county treasury, shall be, by the court, paid to the overseer of the road whose predecessor returned the delinquents off whom the said fines were collected, to be appropriated by said over- seer in opening said road, excepting so much thereof as will pay the said supervisor for warning the hands in his district; and he shall account how the same was ap- propriated, upon oath, at the expiration of his office, under the penalty of the amount [ 134 ] of said fines, to be recovered by motion of the prosecut- ing attorney. All acts or parts of acts, coming within the purview of this act, be, and the same are hereby repealed. This act to take effect from and after its passage. ISAAC DUNN, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council. January 3, 1814 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 483 CHAPTER XXXL An ACT to require and compel the administrators and securities of John M'Canless, deceased, formerly sheriff of Knox county, to pay into the territorial treasury such sums of money as are or may be due by the said John M'Canless to the Territory. WHEREAS it has been represented to the legislature, that there are considerable sums of money due by the said John M'Canless, deceased, formerly sheriff of Knox county, to the Territory; and that by virtue of an act entitled "an act for the relief of the securities of John M'Canless, late sheriff of Knox county, and Spier Spen- cer, late sheriff of the county of Harrison, deceased," the administrators of the said John M'Canless, deceased, have collected a variety of taxes which was due and un- paid to the said John M'Canless at his decease, and that the [ 135 ] said administrators have failed or neglected to pay into the territorial treasury, all or any part of the said monies by them so collected or remaining due from the said John M'Canless to the Territory. § 1. Be it therefore enacted by the Legislative Council and House of Representatives, and it is hereby enacted „ , by the authority of the same. That the said administrators failure, of the said John M'Canless, together with his securities for the faithful discharge of the duties of his office of sheriff, shall be and they are hereby required and com- pelled to pay into the territorial treasury, on or before the fifteenth day of March next, all monies which shall or may be due from the said John M'Canless to the Ter- ritory, together with interest thereon as in other cases; and on failure thereof, the same shall be recovered of the said administrators and securities, in a summary way, by motion of the prosecuting attorney, whose duty it is hereby made to prosecute for the same in the circuit on 484 INDIANA HISTORICAL COLLECTIONS Territorial treasurer to furnish the prosecuting attorney with vouchers- court of the proper county, in such manner and propor- tion as justice and equity may require, on giving the said administrators and securities ten days previous notice of such motion. § 2. Be it further enacted, That it shall be the duty of the territorial treasurer, on such failure, forthwith to transmit to the said prosecuting attorney, certified ac- counts, containing a fair statement of all monies charge- able to, and paid by the said John M'Canless, together with all other vouchers which may be deemed necessary, to enable the said prosecuting attorney to obtain judg- [ 136 ] ment; upon which, execution shall immediately issue, as in similar cases. § 3. Be it further enacted, That the sum of fifteen dollars be, and the same is hereby appropriated and al- lowed to the said prosecuting attorney, as a fee for his services, payable at the territorial treasury, on the certifi- cate of the presiding judge of said court certifying that the said prosecuting attorney has performed the duties of him required by this act. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 3, 1814 — Approved, TH. POSEY. CHAPTER XXXn. An ACT supplementary to an act entitled "an act to re- duce into one the several acts to establish a permanent Revenue." § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the TERRITORIAL LAWS, 1813-14 485 authority of the same, That it shall be the duty of the several circuit courts within this territory, at their term next after the first day of January, annually, to appoint one fit person, within their respective counties, to receive or take in the list of all taxable property within the same, who shall take the same oath, and proceed, under the same rules and regulations, to take a list of all taxable property within the said county, that is provided by the act to which this is a supplement (except as is Court appoint a lister. [ 137 ] hereafter excepted) ; and the listers so appointed, shall severally receive for their service such compensation as the said courts shall deem reasonable and just, which shall be paid or discharged in the same manner that other county claims are; and if any lister appointed as afore- said, shall refuse or neglect to perform the several duties hereby enjoined on him, after he shall have accepted of said appointment, he shall be fined not exceeding one hundred dollars; and in case the lister shall not accept of said appointment, the court shall from time to time, so soon thereafter as they shall be informed thereof, meet at the court-house of the proper county, and appoint some other fit person as lister, who shall be subject to the same penalties and receive the same compensation as afore- said ; and the lister so appointed, shall take a list of all free male persons of color, between the ages of twenty- one and fifty-five; and the judges are hereby required to levy a tax on such persons of color, of three dollars per annum each, and the collectors of county monies are hereby required to collect the aforesaid tax and pay it over to the county treasurer as other county monies are, except such monies as may arise from the tax on persons of color in the county of Knox, which shall be appropri- ated by the circuit court of said county for the use of some public school in said county. § 2. And be it further enacted, That it shall be the duty of the owner or owners of land, either by himself His compensa- tion and duties. 486 INDIANA HISTORICAL COLLECTIONS or their agents, to deliver a list of his or their lands to the lister of the county where the land lies. Lister to make out al- phabetical lists. Clerks to dis- pose of said lists. Clerk to exhi- bit on the court-house door the rate of taxation. [ 138 ] § 3. And be it further enacted, That every lister ap- pointed as aforesaid, shall make out one general alpha- betical list of all the taxable property in their proper county, agreeably to the form prescribed by the act to which this is an amendment; which list, together with the original list, shall by the said lister be delivered to the clerks of the circuit courts, as is required by the said act to which this is an amendment; and it shall be the duty of the said clerks, after the said lists are corrected by the judges of the said court, to make out two fair correct alphabetical general lists of all the taxable prop- erty of the county, one of which shall be delivered to the sheriff of the proper county, on or before the first of September annually, and the other transmitted by the clerk to the territorial treasurer, on or before the first day of October annually : Provided, that the list which it is hereby made the duty of the clerk to transmit to the treasurer, shall only contain the taxable property subject to a territorial tax; and the said listers' returns shall remain in the clerk's office, for the use of the courts re- spectively, as a guide to them in settling with the sheriffs ; and it shall also be the duty of the said clerks, respec- tively, to exhibit, on the court-house door of their county, a statement of the rate of taxation during two terms next succeeding that at which the rates of taxation are fixed, and also exhibit on the said court-house door, at the court of claims and during the two succeeding terms of said court, a list containing the names of all delinquents al- lowed and stricken out by said court, together with the [ 139 ] names of all such persons as the sheriff shall have col- TERRITORIAL LAWS, 1813-14 487 lected tax from, whose property was not listed by the lister, also a list of the debts due to the county and of the claims against said county. § 4. And be it further enacted, That it shall be the duty of each and every collector or sheriff, when he col- lects the tax due by any individual, to give such person or individual a receipt for the same, particularly specify- ing therein the amount and particular tax or taxes for which the same was given. § 5. Be it further enacted, That the clerks of the sev- eral courts, for the services herein enjoined on them, shall be allowed such compensation as the judges of their said court shall deem reasonable. § 6. Be it further enacted, That if any clerk, sheriff or collector, shall neglect or refuse to comply with the requisitions of this act, such clerk, sheriff, or collector, shall be fined at the discretion of the court aforesaid, for the use of the county, in any sum not exceeding one hun- dred dollars, to be recovered by indictment. § 7. Be it further enacted, That the sheriffs, as col- lectors of the territorial taxes, shall advertise and sell the lands in their respective counties for the non-payment of taxes due thereon, between the first day of December and the first day of March, annually, which sale shall be held at the court-house of the proper county; and here- after it shall not be requisite to offer the said lands for sale during the setting of the court, or at two successive courts; and the said Collectors' re- ceipt to specify the amount. Officers refu- sing to com- ply fined. Sheriffs to sell the lands, when [ 140 ] sheriffs, as collectors, shall pay over the territorial tax to the territorial treasurer, on or before the first day of April, annually. § 9. Whereas there has been no taxes levied in the county of Clark for the year 1813, Be it therefore enacted. That the lister who shall be appointed under the provi- sions of this act, in the said county of Clark, to list the taxable property for the year 1814, shall at the same time Lister of Clark county to take lists for the years 1813 and 1814. 488 INDIANA HISTORICAL COLLECTIONS take in a list of all property that was not listed for the year 1813, and return the same to the circuit court; and in all other respects, the said court, and the clerks there- of, shall govern themselves agreeably to the provisions of this act, and the act to which this is a supplement. ISAAC DUNN, Speaker of the Hoiise of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. CHAPTER XXXIII. An ACT to regulate elections. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the Elections, authority of the same, That the first general election in when held. pursuance of this act, shall be held in the several and re- spective counties within this Territory, on the first Mon- day of August next, and on the first Monday of August biennially thereafter, which shall be held and conducted as [ 141 ] By whom con- follows : the judges of the circuit courts, or common pleas, ducted. as the case may be, shall at their session next preceding the general election, proceed to appoint for each election district, a qualified elector, who shall take to his assist- ance two other qualified electors, which three persons shall act as judges of said election; and for every neglect or refusal to do and perform the services required of him by this act, the person so appointed by the court, shall be fined in the sum of fifty dollars, recoverable by indict- ment before any court having competent jurisdiction of the same. TERRITORIAL LAWS, 1813-14 489 § 2. Be it further enacted, That no person shall be ad- mitted to vote at any general or special election, directed Who may to be holden by this act, other than each and every free vote, white male person, who shall have attained the age of twenty-one years, and who shall have paid a county or territorial tax, and who shall have resided one year in this Territory, previous to any general election, and be at the time of such election, a resident of this Territory : Provided always, That any free male white person, hav- ing a freehold in this Territory, and being a resident of the same, may vote for members of the Legislative Coun- cil, and House of Representatives of the territorial legis- lature, and for a delegate to Congress of the United States for said Territory. § 3. The aforesaid judges of the election shall appoint two poll keepers, who, previous to any vote being re- Judges ap- ceived, shall severally take an oath or affirmation, before point poll- any justice of the peace of their respective coun- keepers. [ 142 ] ties. The oath or affirmation of the poll keeper shall be, "I, A.B. do solemnly swear (or affirm,) that I will truly keep the poll of this election, to commence here this day of for a member (or members, as the case may be) to represent this county (or Territory, as the case may be) and that I will deliver fair and perfect en- tries thereof to the judges of the same election, at the close thereof, to the best of my knowledge and abilities." The aforesaid judges shall open the election at ten o'clock A.M. and continue the same until six o'clock P.M. of the same day, when it shall close. § 4. Be it further enacted, That it shall be the duty of the poll keepers, respectively, to attend at the election Duty of the during the continuance thereof, and to enter the name poll keepers, of all voters in columns under the names of the person or persons for whom they respectively vote, and at the § 4, 1. 3. In the enrolled act the last word is "names" instead of "name." — Ed, 490 INDIANA HISTORICAL COLLECTIONS close of the election, to number the votes which every person voted for, has received, and then and there deliver their respective books of entries, with their names re- spectively thereto subscribed, to the judges of the election. § 5. Be it further enacted, That every elector shall Manner of vote once, and no more, in any election for Representa- voting. tives; and the manner of voting shall be, by the elector at any time, while the poll of the election is open, to ap- proach the bar, in the election room, and addressing the judges of such election in his proper person, in an audible voice, to be heard by the judges of the election and poll keepers thereof, to mention by name the per- Notice affixed to the outer door. Judges, their duties. [ 143 ] son or persons, to the number of representatives or offi- cers to be chosen by such district, and the poll keepers shall enter his vote accordingly, and then he shall with- draw. § 6. Be it further enacted, That at the time and place of holding elections, and before the poll begins, the per- son appointed by the court shall affix at the outer door of the house in which the election shall be held, a notice in writing, expressing the officers to be elected at the en- suing election, and the names of the persons whom he hath selected as assistant judges thereof; and previous to any votes being received the assistant judges, and the persons so appointed by the court, shall severally take an oath or affirmation, before some person qualified to ad- minister oaths; and should no such person be present, then one of them shall administer an oath to the other, and the judge to whom the oath shall so be administered, shall administer to the other two. The oath or affinna- tion shall be, "I, A.B. do solemnly swear (or affirm) that I will duly attend the ensuing election, during the con- tinuance of the same, and that I will truly assist the other judges thereof, to the best of my ability, according to law ; and that I will endeavor to prevent all fraud, deceit TERRITORIAL LAWS, 1813-14 491 and abuse in carrying on the same." It shall be the duty of the judges of the election to preserve order and regularity in conducting the said election, to receive the votes of all persons who to them may appear to be duly qualified electors, and where they entertain doubts, they may interrogate such person on [ 144 ] oath, touching his qualifications as an elector; and it shall be their further duty to observe that the poll is fairly kept, and at the close of the election to proclaim the person or persons (if more than one are to be elected) highest in votes, duly elected. § 7. Be it further- enacted, When any writ of any oc- casional election shall be issued by the governor, in case of the death or removal from office of any representative or counsellor, the same writ shall be directed to the sheriff or sheriffs of such county or district, respectively, for which such representative or counsellor, who is dead, or removed from office, shall have been elected; and the sheriff or sheriffs, on receiving the writ, shall forthwith give due and public notice throughout the county or counties, at least five days before holding such election, and the same shall be holden within twenty days after the writ of election is received by the sheriff, and con- ducted in like manner aforesaid. § 8. Be it further enacted, That if any candidate or elector of the proper county, who choose to contest the validity of any election, or the right of any person pro- claimed duly elected in any county, to his seat in the Legislature, such person shall give notice in writing to the person whose election he means to contest, or leave a written notice thereof at the house where such person last resided, within ten days after such election, express- ing the points on which the same shall be contested, and shall within the same time give notice to the coroner of the county, who shall thereupon summon Sheriff receiv- ing writ of special elec- tion, how to proceed. Manner of contesting elections. 492 INDIANA HISTORICAL COLLECTIONS By whom it may be done. Obtaining votes by bri- bery. [ 145 ] two judges of the court of common pleas, or the circuit court, as the case may be, of the same county, who shall be severally obliged to attend, under the penalty of fifty dollars. The said coroner shall appoint a place and time for the said two judges as aforesaid to meet within the said county, which shall be within twenty days after the election. The said two judges, and every of them, shall have power to issue subpoenas and compel the attendance of witnesses, required to give evidence, under the penalty of fifty dollars, to be levied on each and every delinquent, who hath been duly served with process; and the said two judges so met shall hear and certify under seal, all testimony relative to the said contested election, to the House of Representatives at their next session. No per- son shall contest any election, unless he be an elector of that county in which the election is held, nor shall any testimony be received, which does not relate to the points specified in the notice. Copies, attested by the person who delivers or leaves said notice, shall be delivered to the said judges. § 9. Be it enacted, That no candidate, or other person for him, shall attempt to obtain votes by bribery, or treat- ing with meat or drink; and any person so offending, shall be incapable of holding a seat in either branch of the legislature, for the space of two years next thereafter ; or if any person, in order to obtain votes, either for himself or any favorite candidate, shall make any sham convey- ance of land title, or lease of land, to any person, with an intent of en- [ 146 ] abling him to vote, every person so offending by making such sham conveyance, title, bond or lease, shall, on con- viction thereof, forfeit for every such offence the land so intended to be conveyed, sold or leased, to the Territory ; TERRITORIAL LAWS, 1813-14 493 and every person so offending, by receiving any such sham conveyance, title, bond or lease, shall, on conviction thereof, forfeit the value of the land so pretended to be held by such pretended title, to the use of the Territory. § 10. Be it further enacted, That for all services done in pursuance of this act, in conducting the elections and Compensa- making return thereof, by the persons appointed by the ^io" ^^^ serv- court to the clerk of the court, by the judges and poll ^^^^' keepers respectively, in each and every election district, such person shall receive each the sum of one dollar, to be allowed by the court of claims and paid out of the county treasuries. § 11. Be it further enacted, That no sheriff, clerk or judge of any court, or person holding a commission dur- Who are ing pleasure, directly under the United States, or this not eligible. Territory, except justices of the peace and militia officers, shall be eligible to a seat in either house of the legislature. § 12. Be it further enacted, That every superintend- ant of an election district, shall within five days after Superin- such election, repair to the seat of justice of his county, tendant to and deposit a statement of the election of his district, to- "^.^^ ^l^ ^^" gether with one of the lists of the poll keepers with the ^^ clerk of the court, who shall deposit the same in his office, subject to a call of a committee of the legislature, in case [ 147 ] of contested elections ; and the clerk of the court and the sheriff of the county, assisted by a justice of the peace, shall, within five days after the election, compare the re- turns from the several districts, and proclaim the per- sons having the highest number of votes duly elected. And the clerk or sheriff shall furnish the person or per- sons so elected, with a certified copy of his election, ten days at least before the meeting of the legislature. § 13. Be it further enacted. That returns of the elec- tion of counsellors shall be made as follows: when the gig^^jQ^Qf returns of the respective counties shall have been made counsellors to the clerks thereof, the sheriffs of the counties which how made. 494 INDIANA HISTORICAL COLLECTIONS compose that district, shall meet at the seat of justice of the county first named in the governor's proclamation ap- portioning the said districts, or at such other place as they may agree on, and shall transmit returns of the counsellors' elections to each clerk's office within the dis- trict, within ten days after the election; which clerks shall transmit certified statements of such returns, to- gether with the returns of his own county, to the office of the secretary of the Territory; and said secretary, to- gether with the governor, are hereby authorized and re- quired, within five days after receiving the returns from the several counties, which respect the election of a dele- gate to Congress, to proclaim the person highest in votes duly elected ; and the governor shall immediately forward to such person a certificate of his election. § 14. Be it further enacted, That all laws and parts of laws heretofore made, regula- [ 148 ] ting elections in this Territory, be, and the same are hereby repealed. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. CHAPTER XXXIV. An ACT supplementary to an act authorising the grant- ing of letters testamentary and letters of administra- tion for the settlement of Intestates' Estates, and for other purposes. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the TERRITORIAL LAWS, 1813-14 495 authority of the same, That it shall be the duty of the several courts, and clerks of courts, within this territory, on taking proofs of last wills and testaments, previous to granting letters testamentary thereon, to require the executor, executrix, or executors, to give bond and secu- rity, similar in all respects to that which is required of administrators, except the necessary alterations in the terms; and the said bonds, so taken, shall be of equal force and effect, to all intents and purposes, with that which is required of administrators, by the act to which this is a supplement. § 2. And be it further enacted, That when any let- ters testamentary shall be granted, and no bond with se- curities given, as this law requires, such letters testa- mentary shall Executors to give bond. Letters tes- tamentary void without bond. [ 149 ] be and they are hereby declared void and of none effect ; and the clerk or judges of the court that granted the same, as the case may be, shall be, ipso facto, liable to pay all such damages as shall accrue to any person or persons by occasion of granting such letters testamen- tary, and the person or persons to whom such letters testamentary are so granted, may be sued as executor, in his or their own wrong, and shall be so deemed and taken, in any suit brought against him or them, for or by reason of his, her or their executorship. § 3. And be it further enacted. That if it shall appear that the said clerk or courts have not taken sufficient Where securi- sureties, and that the executor, executrix, or executors, ties arein- are not of ability to answer or make good the value of sufficient, what the decedent's estate doth or shall amount to, then ... .^ the said court are hereby required and authorised to taken. cause such executor, executrix or executors to give better securities to said court, in the same manner, upon the same principles and under the same rules and regulations, that is provided by the law to which this is a supple- ment, to cause administrators to give better securities; 496 INDIANA HISTORICAL COLLECTIONS and in case any executor, executrix or executors, shall neglect or refuse to give bond, with better securities, as aforesaid, then and in every such case the court shall forthwith, by their sentence, revoke or repeal the letters testamentary by such clerk or court so granted to such executor, executrix or executors, and thereupon grant let- ters of administration to such person or persons as shall appear to be best en- [ 150 ] titled thereto, and will give bond and security, in manner and form aforesaid ; who shall have their actions of trover or detinue against such executor, executrix or executors, whose letters testamentary have been so revoked or re- pealed, for all such goods or chattels as shall have come into their possession by virtue of such letters testamen- tary so revoked or repealed, and shall be detained, wasted or misapplied by them, or any of them, and for which no satisfaction has been made. § 4. And be it further enacted, That all last wills and Wills, when testaments, which have been heretofore made, or that proven. j^^y hereafter be made, shall and may be proven within three years after the death of the testator; any law, usage or custom to the contrary notwithstanding. This act to take effect from and after its passage. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. CHAPTER XXXV. An ACT allounng compensation to the members and offi- cers of both Houses of the Legislature, at the present session, and for other purposes. TERRITORIAL LAWS, 1813-14 497 § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the Members, authority of the same, That each and every member of their compen- the Legis- ^^^^°^- [ 151 ] lative Council and House of Representatives, shall be en- titled and receive out of the territorial treasury, upon the warrant or warrants of the auditor, as in other cases, for each and every day's attendance on the Legislature, at the present session, the sum of two dollars and fifty cents per day, and shall moreover be allowed the sum of ten cents per mile, for travelling to and from the town of Corydon, by the most usual road. § 2. Be it further enacted. That the clerk of the Leg- islative Council, and the clerk of the House of Representa- Clerks' and tives, shall in like manner receive for their services, re- door-keep- spectively, the sum of four dollars per day ; and the door ^P compensa- keeper of both houses shall receive for his services the sum of one dollar and fifty cents per day; and to Isaac Blackford and George R. C. Sullivan the sum of fifteen dollars, each, for their services in furnishing William Hendricks with a copy of the Journals of the House of Representatives and of the Legislative Council of the present session; and to William Hendricks, the sum of five dollars for paying the postage on the Journals of both houses of the Legislature, in conveying them by mail from Jeffersonville to the office of the Western Eagle, at Madison. § 3. Be it further enacted, That the compensation which shall or may be due to the members and clerk of Compensa- the Legislative Council, shall be certified by the president *^°" certified thereof ; and that which shall or may be due to the mem- ^ ^ ^^^^ bers and clerk of the House of Representatives, and the house, door-keeper of both houses, and other persons herein named, 33—49011 498 INDIANA HISTORICAL COLLECTIONS [ 152 ] shall be certified by the Speaker of the House of Repre- sentatives ; which certificate or certificates shall be to the Auditor, or the proper officer, sufficient evidence of the claim ; and he shall issue warrants thereupon, to the sev- eral ofl!icers, members, and persons aforesaid, payable at the territorial treasury, as in other cases. § 4. And be it further enacted, That the sum of one Contingent hundred dollars, be and the same is hereby appropriated fund for contingent expences; and the said fund shall be sub- ject to the order of the governor, for expresses and other incidents, which cannot now be foreseen, by the two houses, a statement whereof shall be by him laid before the legislature at their next session; and that all ex- presses sent by the commanding ofl!icers of divisions, brigades or regiments, within the Territory, relative to militia services, shall be paid out of said fund, on the order of the governor. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. For station- ary. CHAPTER XXXVI. An ACT making certain specific appropriations. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authoHty of the same. That there shall be and is hereby allowed [ 153 ] to Thomas Armstrong, the sum of twenty-one dollars, and to Davis Floyd the sum of fifteen dollars fifty-five TERRITORIAL LAWS, 1813-14 499 cents, for stationary furnished to both houses of the leg- islature during the present session; to Davis Floyd, as auditor, for stationary for his office, and for postage, as on account, the sum of nineteen dollars; which sum the treasurer is hereby directed and enjoined to pay out of any money, or out of the first monies which may come into the treasury, on the warrants of the treasurer. To William Branham, for fire-wood and candles furnished to Firewood and both houses of the legislature during the present session, candles, fifteen dollars, to be paid at the territorial treasury, on the warrants of the treasurer. To William Hendricks, Printing, for printing five hundred copies of the laws, civil, crimi- nal and military, passed at the present session of the leg- islature, the sum of one dollar and twenty-five cents per page (octavo page) and two cents for stitching each copy. To the said William Hendricks, for printing five hundred copies of the militia law passed at the present session of the legislature, the sum of one dollar and twenty-five cents per page (octavo page) and two cents for stitch- ing each copy ; and so soon as the printing and stitching of said laws shall be completed, the territorial treasurer is hereby authorized to issue his warrants for the same, payable at the treasury, as in other cases. § 2. Be it further enacted, That so soon as the laws of the present session may be completed by the printer, Laws how dis- he shall imme- tributed. U [ 154 ] diately forward forty copies of the civil, criminal and military laws to the clerk's office of the several counties, to be distributed to the civil officers, and forty copies of the militia laws to the said office, (to be under the care and distribution of the colonel of the county) and the expense of the said transportation of the said laws shall be paid out of the territorial treasury, on the warrants or warrant of the treasurer ; and the residue of the laws ized. 500 INDIANA HISTORICAL COLLECTIONS shall, by the printer, be delivered in the secretary's office for the territory; the expense of transportation shall be paid as above. § 3. And be it further enacted, That the secretary of the Territory shall deliver the enrolled bills, passed at the present session, to the printer, taking his receipt for the same; and the said printer shall, after the printing is completed, and at the time he deposits the laws agree- ably to the act, in the office of the secretary, he shall re- turn the enrolled bills. § 4. Whereas Davis Floyd, auditor, hath represented Act of the au- to this legislature, that he audited to James Johnson, ex- ditor legal- treasurer, twenty-four dollars, his salary from the fourth March, to the twenty-sixth April 1813, and to William Prince, former auditor, thirty-six dollars and sixty-six and two thirds cents, part of his said salary from the 17th February till 29th May, and that he is doubtful whether he was authorized by law so to do : Be it there- fore enacted, That the act of the auditor, in auditing the above sums to the [ 155 ] former auditor and treasurer, be, and the same is hereby legalized. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. CHAPTER XXXVIL An ACT directing the mode of changing the Venue. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives of the Indiana Territory, and TERRITORIAL LAWS, 1813-14 501 it is hereby enacted by the authority of the same, That all suits or actions now pending or hereafter to be instituted Causes of a in the courts of common pleas of this territory, where change of either of the parties in the suit shall fear that he, she venue. or they will not receive a fair trial, in the court where it is pending, owing to the interest or prejudice of the judge or judges of the court where the suit is pending; or that his defence is odious, though legal; or that the sheriff or coroner is interested or prejudiced; or that the adversary of the person applying has an undue influence over the minds of the citizens of the county where the suit is depending, it shall be lawful for the said party to petition two judges of the court, if he fear the interest or prejudice of but one judge, or if he fear the interest or prejudice of more than one judge, then it shall be lawful for the said party to petition one judge of [ 156 ] the court aforesaid where the cause or action may be pending, for a change of venue, distinctly setting forth the cause of fear that he will not receive a fair trial; and in either case, on making affidavit to the facts and causes alleged, the judge or judges shall, under his hand, award a change of venue, and order the clerk of the court where the suit is pending to send forward the papers in the suit by the person applying for the change of venue, to such court, having jurisdiction in similar cases, as the said judge may direct; and the clerk of such court shall receive them, and give a credit for them, and docket the suit in order; and the court shall have full power and jurisdiction to award subpoenas for witnesses, to enforce their attendance, to grant commissions for tak- ing depositions, to hear and determine the said contro- versy. § 2. Be it further enacted, That the party praying a P. [156], 1. 11. In the enrolled act the word between "a" and "for" is "receipt" instead of "credit."— Ed. 502 INDIANA HISTORICAL COLLECTIONS Persons ap- plying for a change of venue to car- ry the papers, and to file a bond in the clerk's office for the safe deposit of the same. change of venue, shall carry the papers from one county to the other, and shall, before he receive them from the clerk, file a bond in the clerk's office, with approved secu- rity, in the sum of five hundred dollars, payable to the adverse party, conditioned for the safe deposit of the papers delivered to him, in the clerk's office of that county to which they may have been ordered by the judge or judges; and the clerk delivering such papers, shall make out a list or schedule of the papers so delivered, which list or schedule he shall file in his office, to compare with a receipt for said papers, which the clerk receiving the same is hereby required to give to the carrier of the same. And the costs to abide the event of the suit. Petitioner de- posit the order of the judge. [ 157 ] § 3. Be it further enacted, That the venue in no case shall be changed, unless the petitioner deposit the order of the judge for removing it, together with the petition and affidavit aforesaid, which shall be carefully preserved by the clerk, at least thirty days before the court to which the suit shall be set for trial. § 4. Be it further enacted, That the venue may be changed from the general court to any of the circuits, or from one circuit to another, or from the circuit to the general court, in the same manner and under the same regulations as are above provided for the change of venue from one court of common pleas to another; and also, the following shall be good cause for changing the venue from the general to the circuit court, or from one circuit to another, in addition to the above causes, to wit : where a majority of the witnesses reside in a different county from that where the venue is laid; and that the act di- recting the mode of changing the venue, passed March 1st, 1813, be and the same is hereby repealed. This act to be in force from and after the passage thereof. TERRITORIAL LAWS, 1813-14 503 ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. [ 158 ] CHAPTER XXXVIII. An ACT authorizing certain instruments of writing to be assignable. § 1. BE it enacted by the Legislative Council and Hov^e of Representatives, That all bonds or other instru- ments of writing that shall hereafter be made, or have heretofore been made and assigned, by any person or persons, body politic or corporate, whereby such person or persons, body politic or corporate, promise to convey any property or perform any conditions therein men- tioned, and every such bond or other instrument of writ- ing shall be assignable, by endorsement thereon, under the hand or hands of such person or persons, and of his, her or their assignee or assignees, so as to absolutely transfer and vest the property thereof in each and every assignee or assignees successively, and such assignee or assignees may bring the suit in his, her or their own name, and recover judgment thereon, reserving to such obligor such legal and equitable defence, which he might make, in the same manner as if the suit had been com- menced by the obligee. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. 504 INDIANA HISTORICAL COLLECTIONS [ 159 ] CHAPTER XXXIX. An ACT fixing the time of the annual meeting of the leg- islature, until altered by law. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That the next meeting of the leg- islature of this Territory, shall be at the seat of govern- ment, on the first Monday in December next, and on the first Monday in December annually. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 505 RESOLUTIONS. A RESOLUTION For the relief of John Vawter. WHEREAS it has been represented to this Legislature, by John Vawter, that the relief given to the several sher- iffs, by a law authorising the judges of the several courts of common pleas to correct the land lists, on application of the sheriffs, &c. has not been granted him by the court of common pleas of Jefferson county; and the said petitioner having memorialized this Legislature to "au- thorise the auditor, or some other person or persons, to give him that relief which may appear just and right:" therefore, RESOLVED by the Legislative Council and House of Representatives, That the auditor be, and he is hereby re- quired, to adjust with, and give John Vawter, sheriff of Jefferson county, all the relief that he was entitled to from the judges of the court of common pleas of said county, under an act entitled "an act for correcting dupli- cates or assessments of the lands within this territory, and for other purposes," passed and approved the ninth day of March, 1813. JAMES NOBLE, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. December 21, 1813 — Approved, TH. POSEY. 506 INDIANA HISTORICAL COLLECTIONS [ 161 ] A RESOLUTION Appointing a committee to examine the Treasurer's Office. RESOLVED by the Legislative Council and House of Representatives, That David Robb, Isaac Blackford, James Brown, Walter Willson, George R. C. Sullivan and R. M. Heth, or any two of them, be and they are hereby appointed a committee to examine the treasurer's office, each and every book, paper, voucher, and warrant therein, or in any wise appertaining thereto, and to exam- ine the auditor's office books, and compare the receipts of the treasurer, deposited in the said office, with the amount of the money in the hands of the treasurer, and the warrants therein, and to write on the face of each warrant these words, "Paid at the treasury," and then deliver the same to the treasurer, to be delivered by him, together with all other documents, &c. in his office, to the territorial treasurer ; and the said committee shall report to the present Legislature; and should the territorial treasurer or auditor refuse to suffer or permit the said committee to examine their offices, books, papers, vouch- ers, warrants, &c. as aforesaid, shall be fined in the sum of one thousand dollars, to be recovered by indictment, for the use of the territory, in any court having juris- diction; and that all warrants that hereafter come into the treasury, the treasurer shall write the words as afore- said, on the face of each warrant. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 507 [ 162 ] A RESOLUTION Concerning the salary of the Auditor, &c. RESOLVED, That the territorial treasurer be, and he is hereby authorised to audit to Davis Floyd, auditor of the territory, the sum of forty dollars and sixty-two cents, the amount of his salary up to the first day of Feb- ruary next, the time when the office of auditor is to be abolished; and that the said treasurer be authorised to audit to General W. Johnston, the present treasurer of the territory, the sum that may be legally due him for his salary up to the first of February next, the time when the office of treasurer is to be abolished. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. A RESOLUTION Making appropriation to Richard M. Heth. RESOLVED by the Legislative Council and Hou^e of Representatives, That the sum of three dollars be allowed to Richard M. Heth, for candles furnished to the secre- tary of the Legislative Council during the present ses- sion. ISAAC DUNN, Speaker of the House of Representatives. JAs. BEGGS, President of the Legislative Council. January 5, 1814 — Approved, TH. POSEY. 508 INDIANA HISTORICAL COLLECTIONS [ 163 ] A RESOLUTION To authorise and require William Prince, late Auditor of public accounts, to make out an account against such collectors as he has neglected to make out accounts against. WHEREAS it appears from the report of the commit- tee to whom was referred the auditor's and treasurer's reports, that William Prince, late auditor of public ac- counts, has neglected to open accounts against the col- lector of the county of Knox, for the years 1810 and 1811, and against the collector of the county of Dearborn, for the year 1811, and the books, papers, &c. of the office, have, during his continuance in office, been kept in a con- fused situation: BE it therefore resolved by the Legislative Council and House of Representatives, That the said William Prince be and he is hereby authorised and required to come for- ward, on or before the first day of June next, and open accounts in a proper manner against all such collectors, against whom no accounts have been properly opened, and do and perform all other necessary duties of his office, which have been by him neglected; and on failure thereof, the prosecuting attorney in the general court is hereby required to commence suit against the said Wil- liam Prince, and his securities, on their bond, for the faithful discharge of the duties of his office of auditor. And be it further resolved, That it shall be the duty of the secretary of the territory, at the request of the said prosecuting attorney, to deliver to said attorney, under the seal of the territory, a copy of the said William Prince's bond ; which copy shall be evidence in any court of record, and deemed and to be taken as TERRITORIAL LAWS, 1813-14 509 [ 164 ] such, that the said attorney may be enabled to prosecute as is hereby required. ISAAC DUNN, Speaker of the HoiLse of Representatives. JAs. BEGGS, President of the Legislative Council. January 7, 1814 — Approved, TH. POSEY. TERRITORIAL LAWS, 1813-14 511 INDEX TO THE CIVIL AND CRIMINAL CODE. APPEALS, how taken from justice, Page 128 from circuits to general court, 129 Appropriation for stationary, 152 fire- wood and candles, 153 printing, 153 Auditor, his act legalized, 154 Bail, refusing to procure the same, 79 Boundaries and name, 91 Bill of exceptions signed by the by-standers, 104 Burning public buildings, how fined, 109 Commissioners, who and where to convene in Gibson, 74 where to convene in Warrick, 74 Court to fix the rates of toll bridge, 77 shall not have power to erect a toll bridge, 77 Collector to enter into bond, 84 Challenges, duty of persons having a knowledge of, 89 Commissioners, where to convene in Washington county, .... 92 Courts, where to be held in do 93 superior, certify services, 95 where they shall be held in Warrick county, 100 to correct errors, 105 Clerk may direct an execution to the sheriff of another county, 103 ■ to make out statements of territorial taxes and deliver the same to their representatives, 120 Creditor to receive bills as evidence of his demand, 120 Circuits and common pleas abolished, 124 Circuit courts hereafter established, have powers of former courts transferred to them, 124 Circuits, formation of, 125 presidents assigned and associates appointed, .... 125 jurisdiction, 126 part of the bench competent to hold a court, 126 process, 126 clerks of 127 512 INDIANA HISTORICAL COLLECTIONS [ 166 ] Circuits, process issued before the promulgation of the law, how returned 127 records and books delivered over, 128 Court, general, to hold one session, 129 circuit, to hold three sessions, 129 to appoint a lister, 136 his compensation and duties, 137 make out alphabetical lists, 138 Clerks to dispose of the same, 138 to exhibit on the court-house door the rate of taxa- tion, 138 Collector's receipt to specify the amount, 139 Clerks and door-keepers, their compensation, 151 Compensation to be certified by the speaker of each house,. . . 151 Contingent fund, 152 Deed, form of 97 before whom acknowledged, 98 where recorded, 99 Elections, when held, 140 by whom conducted, 141 who may vote, 141 judges to appoint poll keepers, 141 sheriff receiving writ of special election how to proceed, 144 contesting elections, 144 by whom it may be done 145 obtaining votes by bribery, 145 officers of, compensation for services, 146 who are not eligible, 146 superintendant, to make return in 5 days, 146 returns of counsellors' elections, 147 Executors to give bonds, 148 Fines, when collected, how appropriated, 89, 110 how estreated, 128 Form of deed, 97 Failing to assist a public officer, 110 Habeas corpus, benefit of, 79 and certiorari, person applying for to make out statement under oath 116 Judges to erect necessary buildings, 93 [ 167 ] Informers, voluntary, liable for costs, 93 same before a justice, 94 TERRITORIAL LAWS, 1813-14 513 Judges to appoint the prosecuting attomies, 95 Instruments of writing not under seal, evidence, 102 Jeofails, 104 Justices neglecting to pay over money, dealt with in a sum- mary way, 107 Listers of Clark county, to take lists for the years, 1813-14,. . . 140 Laws, how distributed, 153 Members, their compensation, 150 apportionment of, 101 new counties to be represented, 101 Offices, former abolished, 117 Oath of officers of the legislative department, 86 executive, 87 judicial, 87 attomies, what, 88 certified to the clerk of the court, 88 Pilots exempt from militia duty, 96 Practising physicians ineligible, 131 Parents or Guardians accountable for non-attendance of minors, 132 Penalty on failure of the administrators and securities of John M'Canless, &c 135 Plaintiff in arrear, finding for, repealed, 104 may require the defendant to answer on oath, or vice versa, 115 Plan of town to be recorded, 113 Rights and privileges, 92 Representatives allowed for new counties, 101 Roads, persons 16 years of age shall work thereon, 132 Suit, persons gaining, in civil cases, not liable for costs, 94 Salary of attorney-general, abolished, 96 Sheriff or coroner failing to return process, how dealt with,. . 106 Slander, 110 Summons, in all cases except a capias be required, 115 Secretai-y to transmit certified copies, 130 Suits commenced in the general court, transmitted to the cir- cuit, 130 Supervisor, his compensation, 133 Sheriffs, when to sell lands, 139 [ 168 ] Securities, where insufficient, 149 Toll bridge, 77 owners to enter into bond, 77 court to fix the rates of, 77 34—49011 514 INDIANA HISTORICAL COLLECTIONS Trustees, who appointed by law, 80, 111 how in future elected, .^ 81 have power to impose taxes, 81 appoint a lister, 82 remove nuisances, 82 appoint a collector and enforce obedience to by- laws, 83 power to enact by-laws, 84 erect market house, 84 keep public well in repair, 84 monies collected, how appropriated, 84 Trespassing on public property fined twofold, 110 Trustees for Charlestown, how elected, 112 appointment of a clerk and assessor, 112 their duties, 112 levy a tax, 112 appoint a collector 113 power to make by-laws, 114 Treasurer, governor to appoint the same, 117 to give bond, 118 make lists of accounts and present them to the legislature, 118 keep a record of warrants, 119 receive listers' books and charge collectors, 119 keep account of monies received and paid out,. . . 119 and auditor, to deliver over books and papers,. . . . 121 Trustees of Jeffersonville, power to make by-laws 123 give publicity to the same, 124 Territorial treasurer, to furnish the prosecuting attorney with vouchers, 135 Testamentary letters, void without bond, 148 Vacancies of seats in the legislature, how filled, 101 Verdict to carry full costs, 94 Venue, causes of a change, 155 person applying for, to carry papers, 156 file bond for safe deposit, 156 petitioner to deposit the order of the judge, 157 Witnesses, 89 Wills, when proved, 150 ACTS OF ASSEMBLY OF THE INDIANA TERRITORY, PASSED AT THE FIRST SESSION OF THE FIFTH GENERAL ASSEMBLY OF SAID TERRITORY, BEGUN AND HELD AT THE TOWN OF CORYDON, ON MON- DAY THE FIFTEENTH DAY OF AUGUST, A. D. ONE THOUSAND EIGHT HUNDRED AND FOURTEEN. MADISON: PRINTED BY JACOB RHOADS, PRINTER TO THE TERRITORY. 1814. TERRITORIAL LAWS, 1814 517 ACTS OF THE INDIANA TERRITORY. CHAPTER I. An ACT to adjourn the General Court. Approved — August 20, 1814, Sec. I. "D E it enacted by the Legislative Council and J-^ House of Representatives, That the session of the general court, to be by law, held on the first Mon- when ad- day in September next, at Corydon, shall be adjourned journed. until the second Monday in March next, and all process, suits, actions, indictments, informations, motions, rules to shew cause, pleas, plaints, presentments, recognizances, and all manner of business, now remaining in and before said court, to be done, shall be, by virtue of this act, con- tinued until the said, second Monday of March next. This act to take effect from and after its passage. [ 4 ] CHAPTER II. An ACT establishing Circuit Courts. Approved — August 30, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That circuit courts shall be and Circuit the same are hereby established courts of record within f^T^hT this Territory, and shall be held in each and every county courts of re- in said Territory, in manner and form following; that is cord. 518 INDIANA HISTORICAL COLLECTIONS Counties forming each circuit. Circuit Judge to be learned in the law to say the counties of Knox, Gibson and Warrick, shall compose and be the first circuit, the counties of Washing- ton Harrison, Clark and Jefferson shall compose and be the second circuit, and the counties of Dearborn, Frank- lin and Wayne shall compose and be the third circuit and the judges of the said courts shall hold three terms, at the place appointed by law for holding said courts, in each and every year hereafter; and the said courts so holden in each county, shall be called and stilled circuit according to the name of the county in which it is holden. § 2. And be it further enacted, That each circuit court shall consist of one circuit judge learned and experienced in the law, and who shall have regularly practiced law in some of the courts in the United States or this Terri- toiy at least three years, who shall preside in said court, and two associate judges who shall be resident in the county wherein the court is held to which Two assosi- ates or the circuit judges and one asso- ciate form a court. Two asso- ciates can- not try cri- minals. [ 5 ] they are or may be appointed. The circuit judge or in his absence, the two associates, or the circuit judge and one associate, shall form a quorum and be competent to hold the court, but the circuit judge alone shall not, nor shall the two associate judges, be competent to try any criminal offence the punishment whereof shall extend to life, limb or imprisonment for two years, unless the offender or offenders, shall voluntarily by petition to the court ex- press his, her, or their desire to be tried before the cir- cuit judge alone, or otherwise the trial of such offender or offenders shall be continued over until the next term of the court; Provided nevertheless, That in no case shall the associate judges be competent to try such offence or offences as is herein above excepted. L. 8. In the enrolled act the words "county in this Terri- tory in each and every" appear between the words "every" and "year."— Ed. TERRITORIAL LAWS, 1814 519 § 3. And be it further enacted, That the circuit courts established by this act, shall have jurisdiction in each Circuit and every county in this Territory in and over all crimes courts to and misdemeanors of whatsoever nature or kind the same ^^^^ cogni- may be committed within the counties of the circuits , award sen- aforesaid, and shall and may hear and determine the tence. same, and sentence give and execution award according to the course of the laws that now are or hereafter may be in force in this Territory, and shall moreover have orig- inal jurisdiction in all causes matters and things at law and shall have full cognizance of all actions, real, per- sonal and mixed, within their respective circuits, and shall [ 6 ] likewise have full power and authority in their respective circuits to issue writs of mandamus, writs of dower, writs Shall issue of certiorari, writs of partition, writs of view, writs of writs. quowarranto, writs of habeas corpus, writs of error- coramnobus, writs of replevin and writs of neexeat and proceed thereon to final determination according to law. § 4. And be it further enancted, That the three cir- cuit judges required by this act, shall be citizens of the Circuit United States, resident in this Territory, and shall be JycJ?estobe appointed and commissioned by the Governor, and hold tj st t their offices during good behaviour, and shall be allowed the annual salary of seven hundred dollars each, during '^^ ^f ^°^ the time they hold their offices, to be paid to them quar- "^^^^^°"^ • ter yearly, out of any money in the treasury by the treas- Sallary. urer thereof, or any person legally authorized to pay money out of the Territorial treasury, and the associate judges shall be two fit persons resident in the county wherein the court is held to which they are appointed, and shall be appointed and commissioned by the Gover- nor, and hold their offices during good behaviour, and shall be stilled the associate judges of circuit according to the name of the county wherein the court . is held, to which they are or may be appointed, and shall judges their receive for their services two dollars for each and every sallary. 520 INDIANA HISTORICAL COLLECTIONS day they shall serve in court and no more, to paid out of the treasury of the county in which they reside. [ 7 ] § 5. And be it further enacted, That before any cir- cuit judge or associate judge shall be permitted to enter upon the duties of his office, he shall take an oath or affirmation to support the constitution of the United States, and that he will administer justice without re- spect of persons, and do equal right to the rich and the To be sworn. poor, and that he will faithfully and impartially discharge the duties of a circuit judge, (or an associate judge as the case may be) to the best of his abilities and under- standing agreeably to the constitution and laws of the land, which oath or affirmation shall be taken before the Governor, or such person as he may have appointed, or may hereafter appoint in each county for administering oaths of office in this Territory. § 6. And be it further enacted, That if a quorum of the judges shall not appear by four o'clock in the eve- ning on the day appointed for holding the court, and the court shall not be opened in consequence thereof, the sheriff or other proper officer may and shall adjourn said court from day to day for two days, and if there should not then be a quorum to hold the said court, it may and shall be lawful for said sheriff or other proper officer to Sheriff to adjourn the same until court in course: Provided how- adjoum. ever, That if no officer shall attend to adjourn the court, the court shall stand adjourned till court in course. § 7. And be it further enacted, That the said circuit and associate judges or any one [ 8 ] of them shall have full power and authority, both in and out of court to act as conservators of the peace and to L. 1. In the enrolled act the word "be" appears between the words "to" and "paid," — Ed. TERRITORIAL LAWS, 1814 521 take all manner of recognizances and obligations, which Judges to said recognizances and obligations, shall be made to the takerecog- United States, and all recognizances for any offence or "^^^"^^^s- suspicions of offence or for the peace, good behaviour, or appearance which shall be taken by the said judges, or any one of them out of court shall be returned to the next circuit court to be holden in the county where the same is taken, and the said circuit courts or any one of them shall have full power and authority to issue process To issue into any county in this Territory against any person or process. persons who may have forfeited, or hereafter may forfeit any such obligation or recognizance as aforesaid, and proceed according to law to levy and collect the same and the money when collected shall be by the proper officer Fines when paid into the Territorial treasury. paid. § 8. And be it further enacted, That to the end that all and every person and persons, indicted or out lawed for felonies or other offences in one county who shall remove into or dwell in another county may be brought Persons in- to justice in the proper county where the offence was dieted where commited, it is hereby directed that the said court may issue their writ or writs, or any other legal process, or any one of the judges thereof in vacation, may issue his Judges to is- warrant or warrants, or any other legal process, to all or ^"^ process. [ 9 ] any of the sheriffs or other proper officer or officers of said county, or counties, to take such person or persons so indicted, or out lawed; and it shall be lawful for the Send for wit- said courts to issue subpoenas, and other process into any county in this Territory, for summoning or bringing any person or persons before them to give evidence in and upon any matter examinable, and triaable, or that here- after may be examinable and triable before them, or either of them under such penalties as are, or hereafter may be by law regulated, with respect to such writs, war- rants, subpoenas or other legal proces, they shall likewise have power and authority as often as necessity may re- nes's. Governor to appoint a clerk. Clerks to attest writs. 522 INDIANA HISTORICAL COLLECTIONS quire it to issue dedimus's, for the examination of wit- nesses, agreeably to the regulations which are or here- after may be established by law. § 9. And be it further enacted, That the Governor shall appoint and commission a clerk for the circuit court, in each of the counties of this Territory, who shall hold his office during good behaviour, and be entitled to re- ceive such fees as now are or hereafter may be allowed by law for his services. § 10. And be it further enacted, That all writs and process, issuing out of the said courts, shall run in the name of the United States, and bear test in the name of the clerk that issued the same, and be dated when they issue, and be sealed with the Judicial seal of said court, and made returnable according to law. B Courts to is- sue all sorts of writs rules Circuit jud- ges to admit attornies and counsellors at law. [ 10 ] § 11. And be it further enacted. That the said circuit court shall have full power to issue all sorts of writs, rules, orders, and process, of whatsoever nature or kind, which may be necessary in the course of their proceed- ings, for carrying into full and complete effect all matters and causes by this act given them in charge, or which may in any wise belong or appertain to their jurisdiction, although the same may not be herein specially set down or named, as fully and completely as if the same had been herein set down and named. § 12. And be it further enacted. That the said circuit judges shall have full power and authority to license and admit attornies and counsellors at law, to practice therein, in the same manner and under the same rules and regulations, that attornies and counsellors at law are licenced and admitted to practice in the general court of this Territory. § 13. And be it further enacted, That this act shall take effect and be in force from and after the passage thereof. TERRITORIAL LAWS, 1814 523 CHAPTER III. An ACT to trails fer the business of the former Circuit Courts, into the circuit courts last established, and for other purposes. Approved — September 1, 1814, § 1. BE it eruicted by the Legislative Council and House of Representatives, That [ 11 ] all suits, actions, pleas, plaints, indictments, present- ments, informations, prosecutions and causes both civil and criminal of whatsoever nature or kind they may be, now depending in the former circuit courts, or those that may hereafter be instituted in the courts aforesaid, pre- vious to the promulgation of this act, together with all the records, memorandums, documents, process, proceed- ings, rules, orders, petitions, papers and writings belong- ing to the same, or any of them, in each of the former circuit courts aforesaid in this Territory, shall be and the same are hereby transferred into the present or last established circuit courts, in the same order and condi- tion, that they may remain in the said former circuit courts when this act takes effect; & the said present or last established circuit courts, shall take up the same and proceed thereon to final judgment & execution, in the same manner as if no alteration had been made in said courts, and as if the same had been originally instituted in the said last mentioned courts. § 2. Be it further enacted, That all records, books, deeds, memorandums, dedimus's, exhibits, papers, & writ- ings of whatsoever nature or kind, belonging, or apper- taining to the office, or offices of the old circuit courts, shall be by the clerks of the same courts, in each and § 2, 1. 2. In the enrolled act the third word is "documents" instead of "dedimus's." — Ed. Transfering the business from the for- mer circuit courts to the last establish- ed. Proceed to fi- nal judgment. Clerks of the former circuit courts to deli- ver books pa- pers &c. 524 INDIANA HISTORICAL COLLECTIONS every county delivered over to the clerks to be appointed for the present or last established circuit courts, within ten days after this act comes in Appeals from judgments of Justices of the peace. Court award writs of certio- rari. Courts shall appoint pro- secuting attor- [ 12 ] force or takes effect, under a penalty of two thousand dollars, to be recovered by indictment for the use of the county where the offence was cmmitted. § 3. Be it further enacted, That appeals may and shall be taken from the judgments of Justices of the peace, to the circuit courts established under the act passed at the present session, establishing circuit courts, in the same manner as is provided by law, in cases of appeals from the said Justice to the cmmon pleas, and the Judges of the said circuit courts established at the present session, shall have the same authority, power and jurisdiction in regard to the said appeals as also in awarding writs of certiorari, and detirmining upon the same, upon the re- turn to the circuit courts last aforesaid, and all things touching the same, as is provided by law in respect of appeals and writs of certiorari from the said Justices to the courts of common pleas. § 4. Be it further enacted, That the Judges of the cir- cuit courts in each county, shall exercise the same pow- ers, in the appointing of prosecuting attornies in their courts, and exercise all other powers as the Judges of the courts of common pleas, under the act entitled an act to amend an act, entitled an act to amend an act, regulating the admission and practice of atornies and counsellors at law, and for other purposes; and which appointment shall have the same operation as is provided by the above recited law. Superior courts to cer- tify to the cir- cuit courts. [ 13 ] § 5 Be it further enacted. That the superior courts in each county, if any there be, shall certify to the circuit courts in each county, of the services having been per- formed by the prosecuting attorney, who shall make an TERRITORIAL LAWS, 1814 525 allowance to the said prosecuting attorney, and certify it to the proper officer, who shall pay the same, if he has funds of the county in his hands. § 6 Be it further enacted, That the act entitled an act, authorising the Judges of the court of common pleas, Specia courts to hold special courts for the purposes therein named, repealcb. be and the same is hereby rpealed. CHAPTER IV An ACT to appoint a lister for Clark county. Approved — September 1, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That Joseph Bartholemew be, and Appointing he hereby is appointed lister in and for the county of alisterfor Clark, to list the taxable property therein, subject to tax- Clark county, ation for the years 1813 and 1814, to be listed in the same manner as if the same had been done in its proper time ; and the said lister shall perform said services on or be- fore the first day of November next. § 2. Be it further enacted. That the court next to be holden for doing county business for that county, shall ^ed and col- proceed to have the tax on said property rated and collec- lected. [ 14 ] ted in the same manner, and under the same regulations as if it had been done in its proper time, and the court shall allow said lister, a reasonable compensation for such services. § 3. Be it further enacted, That as soon as the sheriff shall receive his duplicate from the clerk, he shall pro- ShereflFto ceed to collect, and when he shall have collected, to pay collect and to the Territorial treasurer the amount due the Territory, ^^^ °^®^' on or before the first day of May next, who is hereby authorised to receive and receipt therefor, in the same Sheriff to ap- point a lister. Penalty for refusal or ne- glect. Secretary of the Territory to transmit a certified cop- py- 526 INDIANA HISTORICAL COLLECTIONS manner as if it had been collected and paid in its proper time. § 4. Be it further enacted, That if Joseph Barthole- mew so appointed shall neglect or refuse to serve, the sheriff of said county shall proceed to appoint a suitable person as lister aforesaid; and if any person accepting said appointment, shall refuse or neglect to perform the duties assigned by law, he shall be fined in the sum of five hundred dollars, recoverable before any court having jurisdiction thereof, together with costs of suit, to be ap- propriated, one half for the use of the county, and the other half for the use of the Territory'. § 5. Be it further enacted, That the secretary' of the Territory is hereby required immediately to transmit a certified copy of this law to the sherif of Clark county, who shall notify the above named lister of his appoint- ment, and the sheriff shall in [ 15 ] all cases govern himself by the requisitions of this law. This act to take effect from and after the passage here- of. Extending the bounds of Washington county. CHAPTER V An ACT extending the bounds of the county of Washington. Approved — September 1, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That all that tract of country, con- tained in the boundary following, be attached to and con- stitute part of, the said county of Washington, to wit : begining at Freeman's corner on the meridian line, thence north to the present Indian boundary line, thence with said Indian boundary to the line established by the treaty TERRITORIAL LAWS, 1814 527 of Grousland, thence with said line to the place of begin- ning, and the same so attached shall be deemed and taken as a part of the said county, in the same manner, and under the same regulations as are prescribed for the said county of Washington. CHAPTER VL An ACT for the removal of the seat of justice of Warrick county. Approved — September 1, 1814, WHEREAS it has been satisfactorily proven to this Legislature that Evansville, [ 16 ] the seat of justice for the county of Warrick, is precisely Seat of justice in the cornor of that tract of country, which must here- for Warrick after form said Warrick county, after the proper and county remo- necessary divisions shall take effect. "^®^- § 1. BE it therefore enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That the seat of justice of War- rick county, shall be and the same is hereby established — where esta- and fixed on fractional section number 7, in township blished. number 7, south of range number 8, west of the second principal meridian, it being the place at first selected by the commissioners appointed to fix the seat of justice in said county, by an act of the Legislature passed at the last session: Provided however. That Nathaniel Ewing, Proviso, shall convey to the county of Warrick, and for the sole use of said county, three hundred acres of land out of the above named fractional section at the price of two dollars per acre, and off the east end of the said fractional sec- tion. § 2. Be it further enacted, That the court of the said Warrick county, authorized to do county business, shall 528 INDIANA HISTORICAL COLLECTIONS Court to lay off town lots To erect pub- lic buildings. cause the said three hundred acres of land discribed as aforesaid, to be laid out into town lots, and sold agreebly to the provisions of an act entitled "an act, for fixing the seats of justice in all new counties hereafter to be laid off," and shall cause the public buildings of said county to be erected thereon, Purchasers in the town of Evansville may convey lots to the coun ty& have bonds canceled. Courts their duty. Agent for Warrick county his duty. Circuit and other courts [ 17 ] in such place as is most suitable and will best promote the interest of said county. § 3. Be it further enacted, That any person or persons who has or have purchased any lot or lots, in the town of Evansville, of the agent of the said county of Warrick, may at his or their election either retain possession of such lots, or convey such lots to the said county of War- rick, and have the purchase money refunded if paid, or their bonds cancelled or given up to them, if such pur- chase money be not paid, by applying to the said court of Warrick county, on or before the first day of March next, and it shall be the duty of said court on receiving suflficient titles, and upon application made as aforesaid, to cause the same to be refunded and given up accord- ingly. § 4. Be it further enacted, That the agent for said Warrick county, shall on the second day of March next, or as soon thereafter as convenient, reconvey to Hugh M'Gary, the tract of land at Evansville, which was con- veyed to the said Warrick county, except so much thereof as may be retained by individuals, who purchased lots of the agent for the said county as aforesaid, and the said court of Warrick county, if any such lots are retained, shall cause the amount of the purchase money thereof when collected, to be paid to the said Hugh M'Gary. § 5. Be it further enacted, That the circuit and other courts hereafter to be held TERRITORIAL LAWS, 1814 529 [ 18 ] for the said Warrick county, shall be held at the house their duty, of Daniel Rhoads in said county, until a court house shall be erected on the said three hundred acres of land, suffi- cient for the accommadation of the courts, at which time — may ad- said court shall adjourn to the court house. joum. This act to take effect from and after its passage. CHAPTER VII. An ACT for the formation of two neiv counties out of the county of Warrick und part of Gibson county. Approved — September 7, 1814, § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That from and after the first day Posey county of November next, all that part of the county of Warrick, established & which is included within the following boundaries, shall form and constitute a new county, which shall be known and designated by the name and style of the county of Posey: that is to say begining on the Ohio river, where the range line passing between the tenth and eleventh range strikes or intersects the said Ohio river, north with the said range line passing between the said tenth and eleventh ranges, to its intersection with the line dividing the counties of Gibson and Warrick, thence west with the [ 19 ] said line dividing the said counties of Gibson and Warrick to the western bank of the Wabash river, thence down the western bank of the Wabash river with the line of the Illinois Territory to its junction with the Ohio river, thence up the Ohio river with the meanders thereof to the beginning. P. [18], 1. 4. In the enrolled act the word "said" appears be- tween the words "the" and "courts." — Ed. 35—49011 named. Boundary de- signated. 530 INDIANA HISTORICAL COLLECTIONS Perry county established & named. Boundary de- signated. Counties of Posey & Perry § 2. And be it further enacted, That from and after the said first day of November next, all that part of the counties of Gibson and Warrick which is included within the following boundaries, shall form and constitute an- other new county, which shall be known and designated by the name and style of the county of Perry; that is to say, beginning on the Ohio river where the range line passes between the fifth and sixth ranges, west of the second principal meridian where it strikes or intersects the said Ohio river, thence north with the said range line until it intersects the township line passing between town- ship two and three, thence east with the said township line, passing between to\vnship two and three, until it intersects the second principal meridian, or line of Har- rison county, thence south with the said second principal meridian until it first strikes or intersects the Ohio river, thence down the Ohio river with the meanders thereof to the beginning. § 3. And he it further enacted, That the said counties hereby formed and established shall severally and re- spectively enjoy to ejoy the same priviled- ges as other counties. Suits com- menced where prosecuted. Territorial & county levies, how collected. [ 20 ] and exereise all the rights, privileges and jurisdic- tions, which to seperate counties of this Territory do or may properly appertain or belong : Promded ahvays, That all suits, pleas, plaints, actions and proceedings, which may before the first day of November next, have been commenced, instituted or depending within the present counties of Gibson and Warrick, shall be prosecuted to final judgment and execution, in the same manner as if this act had never been passed, and that the Territorial and county taxes which are now due within the bound- aries of the new counties hereby established, shall be col- lected in the same manner and by the same oflEicers, as they would have been if this act had not been passed. § 4. And be it further enacted, That until a court house shall be erected in the said county of Posey, suffi- TERRITORIAL LAWS, 1814 531 cient for the accommodation of the court, the courts for the the said county of Posey shall be held at the house of Absalom Duckworth, in said Posey county; & that until a court house is erected in the said county of Perry, sufficient for the accommodation of the court, the courts for the said county of Perry shall be held at James M'Donald's, in said Perry county. § 5. And be it further enacted, That Robert W. Te- vault, William Brisco, Joseph English, Adam Young and Samuel Snider, all of the county of Warrick, be and they are hereby appointed commissioners to fix [ 21 ] the seat of justice in Posey county, who shall meet at the said Absalom Duckworth's on the third Monday in No- vember next and proceed to fix the seat of justice for the said Posey county, agreeably to the provisions of an act entitled an act, for fixing the seats of justice in all new counties hereafter to be laid off ; and that William Barker, Jesse Ammerson and James Stewart of Gibson county, Joseph Paddox and Ignatious Abell, of Harrison county, be, and the same are hereby appointed commissioners to fix the seat of justice in Perry county, who shall meet at James M'Donalds in said Perry county, on the third Mon- day in November next, and proceed to fix the seat of justice for the said county of Perry, agreeably to the provisions of an act entitled an act, for fixing the seats of justice in all new counties hereafter to be laid off. § 6 And be it further enacted, That the courts author- ised to transact county business in the aforesaid new counties, shall as soon as convenient after their seats of justice are fixed, cause the public buildings of their re- spective counties to be erected thereon, as near the centre of the lands procured by the county for its seat of justice, as an eligible situation can be had, and will best promote the interest of the said new counties, and shall adjourn P. [21], 1. 7. In the enrolled act the name is Emmerson instead of Ammerson. — Ed. Courts where held, in the county of Po- sey. — where held in the coimty of Perry. Commission- ers to fix the seat of justice for Posey county. — when and where to meet Commission- ers to fix the seat of justice in Perry coun- ty. — when and where to meet Courts to e- rect publick buildings. — to adjourn 532 INDIANA HISTORICAL COLLECTIONS the courts thereto so soon as their respective court houses are built, and, prepared for the accommodation of said court. Perry & Po- sey a part of the first cir- cuit. Clerk nor Re- corder to be appointed a- gent. To be entitled to one repre- sentative Judges to ap point persons to superintend elections. [ 22 ] § 7. And be it further enacted, That the said Posey and Perry counties shall be, and they are hereby de- clared a part of the first circuit, and shall be and re- main a part of the district for the election of councellors composed of the counties of Gibson and Warrick, and in case of vacancy for a councellor, the associate judges of said counties of Posey and Perry shall have power to carry into effect the law regulating elections. § 8. And be it further enacted, That no person who is either clerk or recorder, in either of the aforesaid new counties, shall be elligible to hold the appointment of agent for eitheir of the said new counties. § 9. And be it further enacted, That the said counties of Posey and Perry shall be entitled to one representative and no more until otherwise altered by law, and when elected his time shall expire on the first Monday in August 1816, and when the Governor issues his writ of election, as is provided in the act, entitled an act, appor- tioning the members of the House of Representatives of the Indiana Territory, the associate judges of the circuit courts of the said counties of Posey and Perry, shall have power to convene at the place of holding their courts, and appoint persons to conduct the election as the laws of the Territory may direct, and when the supcrintendants of the election shall make their returns to the clerks of each of the aforesaid counties as directed by law, the sher- Sheriffs to give a certifi- cate of electi- on. [ 23 ] iff of each county shall obtain a true statement of the number of votes from the clerk, and within ten days thereafter meet at the seat of justice for Warrick county, and compare the number of votes, and give the person TERRITORIAL LAWS, 1814 533 having the highest number, a certificate of his having been duly elected. CHAPTER VIII. An ACT providing a summary mode of collecting debts in certain cases. Approved — September 6, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That whenever hereafter any per- Persons hold- son or persons, shall hold any bill, bond, promissary note, ing Bills, or instrument of writing in his her or their own right or Bonds &c. as assignee of any other person or persons, for the direct payment of money, he, she or they, may at any time after the same becomes due, file the said bill, bond, promissary note or instrument in writing in the clerks office of the shall file pe- circuit court holden in the county where the debtor or titioninthe debtors, or either of them may reside, together with a Clerks office. petition in substance as follows H circuit, to wit, A.B. plantiff (or plantiffs) states that he holds a bond (or note as the case may be) on CD. defendant (or defendants) in substance and to the effect fol- [ 24 ] lowing ("here insert a copy of the note or other written instrument") and if there are any assignment or assign- ments on said writing ; they shall be set forth as follows, to wit: on which note there is the following assignment (or assignments) to wit: (here set forth the assignment or assignments) yet the said debt remains due and unpaid wherefore he prays judgment for his debt and damages for the detention of the same together with his costs &c- A.B. Plantiff- § 2. And be it further enacted, That the clerk of the clerk to issue said court on the filing of said petition shall issue a sum- summons &c. 534 INDIANA HISTORICAL COLLECTIONS Sherif to serve sum- mons &c. mons with a copy of said petition thereto prefixed, com- manding said defendant or defendants to appear on the second day of the next term of the said court and answer to the said petition or otherwise final judgment will be entered up against him by default, which summnos shall bear test in the name of the clerk of said court, and be sealed with the official seal of said office, which said peti- tion and summons, shall be served on the defendant or defendants, by delivering a copy thereof by the sheriff of said county to each of the defendants named therein, attested as a true copy of said petition and summons by the said sheriff, and the sheriff shall return the original petition and sumn^ons to the clerks office from which it issued, with an endorsement thereon of the execution thereof to the following effect, executed by delivering a Defendent fly- ing from the sheriff. Sheriff to leave sum- mons &c. Clerk docket return. [ 25 ] true copy of the within petition and summons to the said CD. on the day of and if the defendant or defendants, or any of them will not receive the said copy of the sheriff, in that case the sheriff shall read said peti- tion and summons to the defendant or defendants, in an audible voice, and throw down the copy thereof in the presence of the defendant or defendants, or if the de- fendant or defendants, when informed by the sheriff that he has such petition and summons against him, her or them, shall fly from the sheriff before he can have an opportunity of reading the same to him, her or them, in that case the sheriff shall leave said copy at the place where the defendent or defendents departed from, and return the truth of the case endorsed on the petition and summons, and in either of the last mentioned cases, the petition and summons shall be considered as legally exe- cuted. § 3. And be it further enacted, That the clerk shall docket the said petition, with the business of the second day of the first term after the same was filed, and if it TERRITORIAL LAWS, 1814 535 shall appear by the sheriffs return on the petition and summons, that the same has been executed on the de- fendant or defendants, or either of them at least ten days previous to the return day thereof, the same shall stand for trial, in the order in which it is docketed, but if it has not been executed ten days before the return day thereof, it shall be continued until the next [ 26 ] teiTn, unless both parties shall consent to the trial thereof at the term to which it is returned. § 4. And he it further enacted, That if on the calling Court io qro- of the cause, any defendant or defendants, on whom the cced to trial, petition and summons has been executed ten days as aforesaid, shall not appear; the court shall proceed to give judgment for debt, damages and costs, against said defendant or defendants, agreeably to the bill, bond, note or other writing, unless the plaintiff or plaintiffs, shall require a writ of enquiry, which writ of enquiry if so re- — to award quired, shall be awarded by the court and executed im- writ's of en- mediately, but if the defendant or defendants shall ap- qu^^T- pear, he shall be at liberty to plead any matter of law or fact, which by law he may now do in an action of debt, and the plaintiff or plaintiffs shall reply, and the defend- ant or defendants rejoin, and so on until the issue or issues are made up immediately, unless either party shall require, and the court in their discretion for good cause shewn, shall grant a further day in that or the succeed- ing term, to plead, reply, rejoin and complete the issue or issues in law or in fact, which issue or issues shall be tried agreeably to the rules of said court, in the trial of issues in actions of debt, and if either party shall fail to file his part of the pleadings, agreeably to the order of the court, judgment shall be entered against him, her or them, in the same manner as may be done in actions of debt for simi- 536 INDIANA HISTORICAL COLLECTIONS [ 27 ] Proviso. lar failure : Provided nevertheless, That no dilatory plea, either in law or in fact, shall be received in the said cause, unless the same shall be filed on the return day of said petition and summons, when the same has been executed ten days before the return day, but if said petition and summons has not been executed ten days before the re- turn day, the defendant or defendants, shall have day until the calling of the cause at the term next succeeding the return day, to file any dilatory plea authorised by law, and the rules of said court : And provided further, That nothing herein contained shall prevent the court from continuing said suit on good cause shown. § 5. And he it further enacted. That if the petition and — may isse summons, shall be returned not found, an alias summons an alias sum- with a copy of the petition prefixed may issue, return- "^o"s. 2ih\e to the second day of the next term, without an order of the court: Provided however. That nothing herein shall prevent any plaintiff or plaintiffs, from proceeding on to final judgment against any defendant or defendants, on whom the said petition and summons has been re- turned executed as aforesaid. § 6. And he it further eTiacted, That the clerk shall be Clerk's fees. entitled to fifty cents for issuing the summons, and for all other services he may perform under this law, his fees shall be the same as are by law allowed for similar Sheriff's fees, services, and the sheriff shall receive fifty cents for exe- cuting said peti- [ 28 ] tion and summons, on each and every defendant therein named, and twelve and a half cents for returning the same, and for all other services he shall be entitled to the same fees as the law allows for similar services. § 7. And be it further enacted, That nothing in this act contained shall prevent any plaintiff or plaintiflfs, from commencing his her or their action or actions, on any bill, bond, note or other writing, in the same manner TERRITORIAL LAWS, 1814 537 as he she or they might have done, if this law had never been passed. § 8. And be it further enacted, That whenever one or more of the defendants, shall reside, in another county, it shall and may be lawful for the plaintiff, when he files his petition to take out a summons with a copy of the petition as aforesaid, directed to the sheriff of such other county, to summons such other defendant or defendants, to answer to the said petition, or if it shall appear on the return of the first petition and summons that one or more of the defendants are not found, the plaintiff may go on to judgment against the defendant or defendants on whom the petition and summons has been executed. Plaintiff ob- and discontinue his suit as to other defendants, or he tainjudg- may go on to trial, against the defendant or defendants ^^^^ against on whom the process has been executed, and take out an °"^ defendant ,. ,.,. J .. iij-ii and take out alias petition and summons against such defendants, as „ „,. .. an alias peu- have not been found, direc- on. [ 29 ] ted to the sheriff of the county, where said defendant or defendants or either of them may be or reside, and when said process shall be returned executed, the plaintiff may proceed to judgment against said defendant or defend- Proceed to ants, agreeably to the regulations aforesaid, in the same judgment, manner as if no judgment had been given against the de- fendant or defendants, on whom said process was first executed, but if the execution on the first judgment, shall be returaed satisfied, no execution except for costs shall issue on the second judgment, but if the first judgment shall not be so satisfied, or but partially satisfied, execu- tion may issue for the whole or such unsatisfied part on the said second judgment, and so may execution issue Execution to in the same manner on either of said judgments until the issue for debt whole amount of debt, damages and costs justly due has and costs, been collected and no more : Provided hoivever, That but § 8, 1. 15. In the enrolled act the words "defendant or" appear between the words "such" and "defendants." — Ed. 538 INDIANA HISTORICAL COLLECTIONS Clerks fees one execution on either of said judgments shall issue at once, nor shall any new execution issue until the preced- ing execution has been returned, or until after the re- turn day thereof, or the plaintiff or plaintiffs may con- tinue said cause until the process has been executed on all the defendants. § 9. And be it further enacted, That the clerk shall have six cents for filing the petition and for copying it the same fees as for like services. This act to take effect from and after its passage. New county established. Boundary designated. [ 30 ] CHAPTER IX. An ACT for the formation of a new county out of the counties of Dearborn and Jefferson, and for other pur- poses. Approved — September 7, 1814, § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That from and after the passage hereof, all that part of the counties of Dearborn and Jef- ferson, which is included in the following boundaries, shall form and constitute a new county: that is to say; begining at a point between fractional sections number twenty two and twenty seven, on the Ohio river, in town three range one, west, thence due west with said sectional line to the old Indian boundary, thence nearly north run- ning with said boundary to the north east corner of sec- tion thirteen, town six, range twelve in the new purchase, thence due north with said section line to the north east corner of town six, range twelve, thence west with the line dividing town six, range twelve, and town seven, and range twelve to the sectional line, dividing sections five and four, in town six, range twelve, in the new purchase, thence south with said sectional line, to the Ohio river, at a point between fractional sections number twenty and TERRITORIAL LAWS, 1814 539 twenty one, about one mile below the old Indian bound- ary, in town three [ 31 ] range twelve in the new purchase, thence with the mean- ders of the Ohio river and up the same to the place of begining. § 2. And be it further enacted, That the said county shall from and after the first day of October next, be known and designated by the name and style of the county of Switzerland, and it shall enjoy all the rights, privi- leges and jurisdictions which to a seperate county do or may properly appertain and belong: Provided always, That all suits, pleas, plaints, actions and proceedings, which may before the first day of October next have been commenced, instituted and depending within the new counties of Dearborn and Jefferson, shall be prosecuted to final judgment and execution, in the same manner as if this act had never been passed: And provided also, That the Territorial and county levy's or taxes, which are now due within the bounds of the said new county, shall be collected and paid in the same manner, and by the same officers, as they would have been, if the creation of said new county had not taken place. § 3. And be it further enacted, That so soon as the place of holding the courts for the said county of Switzer- land be established, the judges of the courts hereafter to be appointed in the said county, shall within six months thereafter, proceed to erect the necessary public build- ings for the same, in such place, in the same manner, as is required by law, in respect to other County nam- ed. Proviso. Taxes how collected. Judges to e- rect publick buildings. [ 32 ] counties, and after the public buildings are so erected. Judges to the courts of the said county shall adjourn to the said adjourn. § 2, 1. 9. In the enrolled act the last word is "now" instead of "new."— Ed. 540 . INDIANA HISTORICAL COLLECTIONS Court where held. Commission- ers to fix the seat of justice in switzer land. Sheriff's to serve a writ- ten notice. place at their next term after the same shall have been completed, which shall be, and the same is hereby de- clared to be the seat of justice for the county of Switzer- land. § 4. And be it further enacted, That until the public buildings in the said new county be completed, the court hereafter to be appointed for the said county of Switzer- land, shall be held in the town of Vevay in the said county aforesaid. § 5. Be it further enacted, That James Dill, Alexander A. Meek, Jesse L. Holman, Jocob Short and Isaac Dunn, be, and they are hereby appointed commissioners, for the purpose of fixing the seat of justice in the county of Switzerland, whose duty it shall be to convene at the house of John Frances Dufour, on the seventeenth day of October next, and proceed to fix the seat of justice in the county of Switzerland, in conformity with, and in all respects agreeably to an act passed at the session of the Legislature in the year one thousand eight hundred and thirteen, entitled "an act for fixing the seats of justice in all new counties hereafter to be laid off." § 6. And be it further enacted. That the sheriffs of Jefferson and Dearborn counties, be and they are hereby required to serve the aforesaid commissioners, whose residence may be in their respective counties, with a no- tice of their said appoint- Pro vi so. [ 33 ] ments, on or before the first day of October next, for which service, he shall be allowed such compensation, as the courts hereafter to be established in and for the said county of Switzerland, may deem reasonable, to be al- lowed and discharged in the same manner that other county claims are : Provided however. That if any of the said commissioners, should be disqualified to act by the said act for fixing the seats of justice &c. the courts to be hereafter established in the county of Switzerland, shall have power to appoint others to supply such va- cancy : Provided also, That the courts hereafter to be es- TERRITORIAL LAWS, 1814 541 tablished in the said county of Switzerland, shall have all the powers, and be governed in all other respects as the courts of common pleas, under the act, entitled "an act for fixing the seats of justice in all new counties here- after to be laid off." § 7. And be it further enacted, That the county of Switzerland shall be attached to, and compose part of to compose the third circuit for holding courts, as specified in the act part of the passed at the present session establishing circuit courts, third circuit. § 8. And be it further enacted. That the said county of Switzerland shall be entitled to one Representative, To be entitled and when elected, his time shall expire the first Monday ^^ oneRe^re- SG11l3,l1VP in August one thousand eight hundred and sixteen, and when the governor issues his writ of election, as is pro- vided in the act, entitled "an act, apportioning the mem- E [ 34 ] bars of the House of Representatives of Indiana Terri- Courts to ap- tory, the associate judges of the circuit courts for the point superin- said county of Switzerland, shall have power to convene tendantsof at the place of holding their courts, and appoint persons ^^^^^^o^- to conduct the election as the laws of the Territory may direet. § 9 And be it further enacted, That the county of Switzerland shall be considered, as part of the district To elect for Dearborn and Jefferson counties for the election of councellors. councellors, and in case of a vacancey for a councellor, the said associate judges in the county of Switzerland, shall have power at any time, to cary the law into effect regulating elections. § 10. Be it further enacted. That all that part of Jef- ferson county which lies on the east side of a line, drawn Part of Jeffer- f rom the north west corner of section four, in township son attached six, range twelve, and running due north so far that a to Dearborn due north line, will strike the west end of the line divid- ^°""^y- § 10, 1. 5. In the enrolled act the second word is "east" instead of "north."— Ed. 542 INDIANA HISTORICAL COLLECTIONS ing the counties of Dearborn and Franklin ; also that part of Jefferson county which lies within the following bounds, to wit, begining where the line of Switzerland county crosses the old line, between Jefferson and Dear- born, between sections twenty two and twenty seven, in town 4, range 3 ; thence west with the line of Switzerland aforesaid to the old Indian boundary line, thence with said Indian boundary line northwardly to where the line between Jefferson and Dearborn, strikes the old Indian boundary line, [ 35 ] thence with said line of Jefferson and Dearborn to the begining shall be and the same are hereby added and attached to the county of Dearborn, and at all times here- after, to all intents and purposes in law and in fact, the said parts of Jefferson county shall be taken, held and deemed as parts of Dearborn county and subject to all the laws now or hereafter to be in force regulating Dear- born county. This act to take effect from and after the first day of October next. Perpetuate testimony in the county of Knox. CHAPTER X. An ACT for the relief of such persons as have suffered, or may hereafter suffer, by the destruction of the rec- ords of the county of Knox, which was consumed by fire, at Vincennes, in the year one thousand eight hun- dred and fourteen. Approved — September 7, 1814, § 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 perpetuating testimony concerning of and relating to such patents, deeds, bills of sale, wills, inventories, powers of attorney or other TERRITORIAL LAWS, 1814 543 writings as were destroyed when the recorders office of the county of Knox was. consumed by fire at Vincennes, in the year one thousand eight hundred and fourteen, Commission- Benjamin Parke, Nathaniel Ewing and John D. Hay, be ers appointed and [ 36 ] the same are hereby appointed a board of commission- ers, to hear and receive evidence in behalf of any person To hear evi- or persons, who may have lost any patent, deed, bill of dence. sale, will, inventory, power of attorney or other writing, by the destruction of the said office, as aforesaid, and the said commissioners or a majority of them, shall ap- Shall appoint point a clerk to the said board, (and in case of the death a clerk. or resignation of the said clerk, another shall be appointed by the said commissioners as often as the case may re- quire) whose duty it shall be to record the proceedings Clerks duty, of said board, and all testimony which may be taken, before the said commissioners as aforesaid, in books pro- vided for that purpose, which books and other necessary stationary for said board, shall be by said commissioners, provided at the expence of the Territory, and the Terri- torial treasurer shall pay the same on an account of the commissioners, certified by the clerk of the said board, out of any monies in the Territorial treasury, not other- wise appropriated. § 2. And be it further enacted, That the said commis- sioners, or a majority of them shall convene at Vincennes, Commission- on the second Monday in January next, and at such other ers to hold a time as the said commissioners may, think proper to ap- "^^^ting. point, or adjourn to, and shall hear and receive such tes- Shall hear timony as may be to them produced, concerning of, or testimony, relating to any patent, deed, bill of sale, will, inventory, power of attorney or [ 37 ] other writing, which may have been burnt, or destroyed as aforesaid, and the testimony thus taken and recorded, 544 INDIANA HISTORICAL COLLECTIONS Proceeding to be certified. Proviso. Commission- ers to hold special meet- ings. Satisfactory evidence must be produced. Applicant to give public notice. or a copy thereof properly certified, either by the clerk of the said board, or the recorder of the said county of Knox, shall be good evidence in any court of Record in this Territory; Provided that the commissioners ap- pointed for the purposes aforesaid, shall not sit more than thirty days for the first year, commencing from the day this law takes effect, and ten days in each and every succeeding year. § 3. And be it further enacted, That the said commis- sioners may hold special meetings at the request of any person who may solicit them so to do, and shall give public notice of their meetings or adjournments. § 4. And be it further enacted, That no person or per- sons shall be permited to introduce testimony concern- ing of, or relating to any patent, deed, bill of sale, will, inventory or other writing, untill such person or persons shall produce to said commissioners satisfactory evidence, either by his her or their own affidavit, or the affidavit of some other person, that such pattent, deed, bill of sale, will, inventory, power of attorney or other writing, was absolutely lost or destroyed as aforesaid, and that he she or they, have given at least three weeks public notice in some public paper, printed in this Territory of their in- tention to produce such testimony, and that the purport or substance of such testimony was set Papers and testimony to be recorded. [ 38 ] forth in such public notice, and if any person or persons shall attend and produce contravening testimony, the same shall be received and recorded as aforesaid- § 5. Be it further enacted, That any paper or writing, which shall be produced to said commissioners, and proved to be a correct coppy of any patent, deed, bill of sale, will, inventory, power of attorney or other writing lost or destroyed as aforesaid, shall be by the clerk re- corded at full length together witii the testimony relating § 3, 1. 3. In the enrolled act the words "or persons" appear be- tween the words "person" and "who." — Ed. TERRITORIAL LAWS, 1814 545 thereto ; and when the witnesses to any deed, bill of sale, will, inventory, power of attorney or other writing (lost or destroyed as aforesaid) are dead, the person or per- sons interested therein, may produce other testimony, in support of his her or their claims, and the testimony so produced, shall be received and recorded as aforesaid. § 6. And be it further enacted, That the said clerk for recording, or for copies of such records, shall receive a clerk's fees, compensation of ten cents per sheet of one hundred words, to be paid by the person or persons for whom such testimony is recorded, or to whom such copies are deliv- ered; and the said commissioners, shall receive each a Commission- compensation of one dollar and fifty cents per day, for er's. each and every day they may be engaged in receiving testimony as aforesaid, payable at the Territorial treas- ury on account produced by the said ccmmissioners, and certified by the clerk of said board. § 7. And be it further enacted, That the [ 39 ] said commissioners and clerk, shall previous to their en- tering upon the duties of their office, severally take an oath or aflfirmation, faithfully and impartially to dis- charge the duties of their office, according to the best of their skill and understanding, and the said commis- sioners and clerk, appointed as aforesaid, shall continue in office for and during the term of five years, and no longer; and at the expiration of the said term of five years, the said clerk shall deposit the books, papers and records of said board of commissioners with the recorder of the said county of Knox, to be by him preserved for the benefit of such persons as may be interested therein, and if any such clerk shall resign, he shall deliver to the said commissioners, or a majority of them, all the books, papers and records of or appertaining to his office, and on failure thereof, he shall be fined in a sum not less than five hundred nor exceeding five thousand dollars, Commission- ers and clerk to be sworn. Books, papers &c to be depo- sited with the recorder of Knox county. Penalty on Clerk for ne- glect of duty. 36—19011 546 INDIANA HISTORICAL COLLECTIONS recoverable in any court having cognizance thereof, upon motion of the prosecuting attorney for the use of the Prosecuting Territory, whose duty it shall be to prosecute for the attorney his same, and for neglecting or refusing so to do, the said duty. prosecuting attorney shall be fined in any sum, not ex- ceeding one thousand nor less than five hundred dollars, recoverable by indictment for the use of the Territory, and in case of the death of any such clerk, his, heirs, executors or administrators, shall deliver to the said com- missioners all the [ 40 ] books papers and records, appertaining to his office, under the same penalties, recoverable in manner, and for the use aforesaid. § 8. And be it further enacted, That where any person Recorder's ^hall produce to the recorder of the said county of Knox, fees. to be recorded again, any patent, deed, bill of sale, will, inventory, power of attorney, or other writing, which was recorded in the said office, burnt and destroyed as afore- said, it shall be the duty of the recorder, to record the same, together with the endorsement of the recorder thereon, if such endorsement be satisfactorally proved, to said recorder, to be the endorsement of the former re- corder, which endorsement, so recorded shall be evidence of the time any such patent, deed, bill of sale, will, in- ventory, power of attorney or other writing was origi- nally recorded in court of record in this Territoy. This act to take effect from and after its passage. CHAPTER XL An ACT allowing compensation to the members, and of- ficers of both houses of the Legislature and for other purposes. § 8, 1. 13. in the enrolled act the word "any" appears between the words "in" and "court." — Ed. TERRITORIAL LAWS, 1814 547 Approved — September 8, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That hereafter and until other wise direc [ 41 ] ed by law, each and every member of the Legislative Members of council and House of Representatives shall be entitled the legislature and receive out of the Territorial Treasury, upon the war- *^®^^ salary, rant or warrants of the Treasurer as in other cases, for each and every days attendance on the Legislature, the sum of two dollars and fifty cents per day, and also ten cents per mile for travelling to and from the seat of Government, the most usual road; each and every mem- ber of the house of Representatives, shall also be entitled Members of and recieve out of the Territorial treasury, upon the war- *^® House of rant or warrants of the Treasurer, as in other cases, for ^-^^^ttT^ ^' each and every days attendance at the extra session of compensation the house of Representatives, held in the month of June at the extra last, the sum of two dollars and fifty cents, and shall session. moreover be allowed the sum of ten cents per mile, for traveling to and from the town of Corydon, by the most usual road. § 2. And be it further enacted, That the compensation which shall or may be due to the members and clerk of Compensa- the Legislative council, shall be certified by the president tion certified thereof ; and that which shall or may be due to the mem- ^y *^® Presi- bers and clerk of the house of Representatives, and the dent of each door-keeper of both houses, shall be certified by the speaker of the house of Representatives ; and that which shall or may be due to the members and clerk of the house of Representatives for their attendance at the extra ses- sion aforesaid, shall be certified by the [ 42 ] speaker of the house of Representatives at said extra ses- 548 INDIANA HISTORICAL COLLECTIONS Treasurer to issue his war- rants. Contingent fund. Clerks of both house's their compen- sation. Door-keepers their services sion, which certificate or certificates shall be to the Treas- urer or the proper officer, sufficient evidence of the claim, and he shall issue warrants thereupon, to the several of- ficers and members aforesaid, payable at the Territorial treasury, as in other cases. § 3 Be it further enacted, That the sum of one hun- dred dollars be, and the same is hereby appropriated for contingent expences, and the said fund shall be subject to the order of the Governor, for express's and other incidents, which cannot now be foreseen, by the Leg- islture, a statement whereof shall be by him laid before the Legislature at their next session. § 4. Be it further enacted, That the Clerk of the Leg- islative council, and the Clerk of the house of Representa- tives, shall in like manner receive for their services, the sum of four dollars per day, and the Clerk of the house of Representatives, for his services at the extra session aforesaid, the sum of ten dollars, and the door-keeper of both houses, shall receive for his services the sum of one dollar and fifty cents per day. This act shall take effect from and after its passage. Summons. [ 43 ] CHAPTER XII. An ACT to amend the act entitled an act to amend the act entiled an act 'establishing courts for the trial of small causes, and for other purposes. Aproved — September 9, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authorityo f thesame. That the following forms shall be used by Justices of the peace. SUMMONS. Indiana Teritory I county j The United States to A.B. constable of said county Greeting; You are hereby commanded to summon TERRITORIAL LAWS, 1814 549 to appear before me, one of the Justices assigned to keep the peace for the county aforesaid, on the day of next, at my house (or as the case may be) in the county aforesaid, to answer in a plea of debt under forty dollars (or as the case may be) and make return of this precept as the laws directs. Given under my hand and seal this day of in the year of our Lord. S.M. J.P. (Seal.) [ 44 ] WARRANT. Indiana Territory, i county. ) The United States to A.B. constable of said county Warrant. Greeting; You are hereby commanded to take the body of if he is to be found in your baili- wick, and forthwith bring him before me, one of the jus- tices assigned to keep the peace for the county aforesaid on the day of next, at my house (or as the case may be) in the county aforesaid, to answer in a plea of trespass on the case, damage under forty dollars (or as the case may be) and notify the plaintiff of trial, and make return of this precept as the law directs. Given under my hand and seal this day of in the year of our Lord. S.M. J.P. (Seal.) SUBPCENA. Indiana Territory, ) . i_ > set. county. [ The United States to A.B. constable of said county Subpoena. Greeting; You are hereby commanded to summon CD. to appear before me one of the justices, assigned to keep the peace for the county aforesaid, on the day of next, at my house (or as the case may be) in the county aforesaid, to testify and the truth to 550 INDIANA HISTORICAL COLLECTIONS speak, on the part of the sheriff [ 45 ] (or as the case may be) in a certain action of debt (or as the case may be) pending beforeme, wherein is plaintiff and is defendant, and this he shall in no wise omit under pen- alties fixed by law, and make return of this precept as the law directs. Given under my hand and seal this day of in the year of our Lord. S.M. J.P. (Seal.) .D. I JUDGMENT. Debt (or as the case may be) R.R. vs J Judgment. This day came the plaintiff and the defendant, and the cause and proceedings being fully heard, seen, and in- spected and all things touching the same, therefore it is considered that the plaintiff recover of the defendant ten dollars debt (or as the case may be) with interest thereon after the rate of six per cent, per annum, from day of until paid (or as the case may be) together with costs of suit, and the said defendant in mercy &c. (and if the judgment should be in favor of the defendant) the plaintiff in mercy &c. S.M. J.P. (Seal.) EXECUTION. Indiana Territory, ) county. J Execution. The United States to A- B. constable of said county, Greeting; Whereas judgment hath been rendered before me one [ 46 ] of the justices assigned to keep the peace, for the county L. 1. In the enrolled act the last word is "plaintiflF" instead of "sheriif."— Ed. TERRITORIAL LAWS, 1814 551 aforesaid in favor of plaintiff, against defendant, in an action of debt (or as the case may be) for dollars debt, with interest thereon after the rate of six per cent, per annum from the day of in the year untill paid; also dollars and cents costs; You are therefore hereby commanded within twenty days, to levy the same, on the goods and chattels of the said de- fendant (or as the case may be) and make sale thereof according to law, and within the time specified by law, pay the said debt and costs to me the said justice, or to the person entitled to receive it ; and if goods and chattels cannot be found or shewn by the said defendant (or as the case may be) sufficient to sattisfy the said debt and costs and cents for this execution, together with constable's commission and serving this writ, whereon to pay, you are hereby commanded to take the body of the said defendant (or as the case may be) if he is to be found within your bailiwick, and him convey and de- liver to the Jailer of the county aforesaid within twenty days who is hereby required to take the said defendant (or as the case may be) into his custody and him safely keep until discharged by due course of law, herein fail not. Given under my hand and seal this day of in the year S.M. J.P. (Seal.) [ 47 ] ATTACHMENT. Indiana Territory, , r set county. :l The United States to the constable, (or sheriff as the Attachment, case may be) of said county Greeting; Whereas com- plaint has been made upon oath to me, one of the jus- tices assigned to keep the peace for the county aforesaid, L. 12. In the enrolled act the word "it" is omitted. — Ed. L. 17. In the enrolled act the second word is "levy" instead of "pay."— Ed. 552 INDIANA HISTORICAL COLLECTIONS on the day of in the year by that is justly indebted to him in the sum of dollars debt, with interest &c. due by note of hand under seal (or as the case may be) and that the said is privately removing out of the county (or has absconded) so that the ordinary proc- ess of law cannot be served upon him; these are there- fore to command you to attach the goods and chatties, lands and tenements, of the said if any are to be found within your bailwick, sufficient to satisfy the debt aforesaid and costs of the suit; or money in the hands of any person indebted to or having any effects of the said in his hands; and to summon A.B. as a garnishee (or as the case may be) to appear before me, and make return of this precept as the law directs, herein fail not. Given under my hand and seal this day of in the year of our Lord. J.M. J.P. (Seal.) Bond to be taken previous to an attach- ment being granted by a justice. [ 48 ] Previous to the attachment aforesaid being granted by the justice of the peace, the following bond shall be taken. KNOW all men by these presents that we and of the county of in the Indiana Territory are held and firmly bound unto in the sum of dollars, lawful money of the United States, which payment well and truly to be made, we the said and bind ourselves, our heirs, executors, and administrators, jointly and severally to the said his heirs, executors and administrators firmly by these presents, sealed with our seals and dated this day of in the year of our Lord. The condition of the above obligation is such, that whereas the above bound hath obtained a writ of attachment from A.B. a justice of the peace for the county above named, in an action of debt for TERRITORIAL LAWS, 1814 553 dollars, with interest &c. (or as the case may be) against the goods, chatties, lands, tenements and effects of the above named now should the above named be cast on the trial of the said attachment, and pay all costs that shall be awarded to the said and pay all damages that may accrue against the said in consequence of the said suing out [ 49 ] this attachmnt, then this obligation to be void, else re- main in full force. Witness. (Seal.) A.B. J.P. (Seal.) Judgment on attachment. March th 1814. A.B. j vs. y In debt. CD. I The attachment obtained by the plaintiff against the judgment on estate of the said defendant, being returned executed be- attachment, fore me E.F. one of the justices of the peace for county, and the defendant having failed to appear and replevy the property taken thereon, the plaintiff proved his debt according to law ; and it is thereupon con- sidered that the said A.B. recover against said CD. dollars, current money, and also his costs by him about this suit expended, and the constable is ordered to sell the property attached, according to law to satisfy this judgment. Judgment against a Garnishee. A.B.J vs. I In debt. ^•^- ) Judgment The attachment obtained by the said plaintiff against against gami- the estate of the said defendant being returned executed, shee. 554 INDIANA HISTORICAL COLLECTIONS in the hands of E.F. and it appearing to me, that there is now in the hands of the said E.F. G [ 50 ] of the estate of the said CD. sufficient to satisfy the plaintiffs debt and costs ; or that the said E.F. is indebted to the said CD. (as the case may be) in the sum of dollars and cents and the plaintiff having before me proved his debt according to law, it is considered that the plaintiff recover of the said E.F. the sum of dollars, current money the plaintiffs demand aforesaid (or as the case may be) recover the sum of dollars, the amount as confessed by the said E.F. ' I set. Warrant in a criminal case, generally. Indiana Territory, county. Warrant in a The United States to the sheriff (or constable as the criminal case, ^.^gg j^^y j^g) ^f ^j-^g s^j^j county GREETING; Wliereas A.B. of the county aforesaid on the day of in the year made oath before me one of the justices assign- to keep the peace for the county aforesaid, that CD. on the day of in the year did with force and arms, to wit, with &c. commit an assault and battery upon one E.F. at and other wrongs (as the case may be) to the said E.F. then and there did, these are therefore to command you, to take the body of the said CD. if he is to be found within your bailiwick, and forthwith bring him before me, at my house [ 51 ] (or as the case may be) to answer to the above charge, and to be dealt with as the law directs. Given under my hand and seal this day in the year. S.M. J.P. (Seal.) TERRITORIAL LAWS, 1814 555 The form of a recognizance to he taken by a justice of the peace in such cases a^ he cannot finally determine. Indiana Territory, , ^ set. county. Be it remembered that on the day of Recognizance in the year CD. and of the county aforesaid personally came before me one of the justices assigned to keep the peace for said county and acknowledged themselves to owe to the United States the sum of dollars each, to be levied of their goods and chatties, lands and tenements, but if the said CD. above named, shall appear at the next court to be holden in and for the county aforesaid on the first Monday in October next (or as the case may be) at the court house thereof, and then and there answer to a charge of (here describe the offence, and abide the order of the said court thereon, and not depart without leave of the court, [ 52 ] then this recognizance to be void, else remain in full force. (Seal.) (Seal.) Certified by me a justice of j the peace for the county above said, the I court above named. | J.P. (Seal.) Mittimus for (folony to he changed as the ca^e may he.) Indiana Territory, county, J. P. a justice of the peace for said county, Mittimus for to the keeper of the jail of said county, felony. Whereas A B. late of &c. laborer, hath been arrested for suspicion of a felony by him, as is said, committed, in stealing of the value of the property of of &c. therefore in behalf of the United States, I command ^' I set 556 INDIANA HISTORICAL COLLECTIONS Extending the jurisdic- tion of justi- ces of the peace to 100 dollars. you that you receive the said A.B. into your custody in the said jail, there to remain 'till he be delivered from your custody by due course of law. Given under my hand and seal the day of in the year of our Lord. S.M. J.P. (Seal.) § 2. Be it further enacted, That the jurisdiction of justices of the peace within this Territory, in all actions made cognizable before them by the act to which this is an amendment, shall be extended to one hun- Stay of exe- cution. Court their duty. Repealing section. Fines collec- ted by justi- ces to be paid to the judges of the court. [ 53 ] dred dollars where and whenever, the plaintiff and defen- dant shall consent thereto, by confession of judgment, and the stay of execution shall be nine months, if the sum should be one hundred dollars ; if the sum should be upwards of forty and under one hundred, the stay of execution shall be seven months, at which time execution shall be awarded for the amount of the judgment and costs of suit. § 3. Be it further enacted, That the court authorized by law to hear and determine upon appeals taken from justices of the peace in this Territory shall at the trial receive and permit the plaintiff and defendant to exercise the provisions contained in the first section of the act, entitled an act supplementary to the several acts for the trial of small causes, approved the 31st December 1813. § 4. Be it further enacted, That the act, entitled an act to prevent malicious prosecutions, approved Decem- ber 21st, 1813, be and the same is hereby repealed. § 5. Be it further enacted, That any fines collected by the justices of the peace for offences against any of the penal laws of this Territory, shall be paid by the justice or justices collecting the same, to the judges of the court hereafter to be established in the proper county at the first court after the fine is thus collected, under a penalty not exceeding fifty dollars, to be recovered by indictment in any courts having jurisdiction. TERRITORIAL LAWS, 1814 557 [ 54 ] § 6. Be it further enacted, That the fifth section of Repealing the act, entitled an act regulating divorses within the In- section, diana Territory passed and approved March the eighth, eighteen hundred and thirteen, be and the same is hereby- repealed. CHAPTER XIII. An ACT fixing the time of holding Courts and for other purposes Approved — September 9, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, That the circuit courts esta- Courts when Wished at this session of the legislature of Indiana, shall and where be held in the different counties in this Territory in each held, and every year hereafter, on the following days : to wit, for the counties of Jefferson and Perry, on the first Mon- days in April, July and November; for the county of Harrison on the second Mondays in April July and No- vember ; for the county of Washington on the third Mon- days in April, July and November; for the county of Clark on the fourth Mondays in April, July and Novem- ber; for the counties of Knox and Wayne on the first Mondays in March, June and October ; for the counties of Gibson and Franklin on the second Mondays in March, June and October; for the counties of Posey and Dear- bourn on the third Mondays in March, June, and October ; for the [ 55 ] counties of Warrick and Switzerland on the fourth Mon- days in March, June and October, and each and every Length of court at each and every term in the said counties shall time each sit six juridical days if the business before them shall court shall sit. 558 INDIANA HISTORICAL COLLECTIONS The first term of each court when to com- mence. Judges when to meet to do county busi- ness. require it, except the counties of Dearbourn and Switzer- land, at their first term in which the court for the county of Dearbourn shall sit nine juridical days if the business before them shall require it and the court for the county of Switzerland shall commence on the Friday succeeding the fourth Monday in October next, and sit two juridical days if the busines before them shall require it, but at all other terms of said last named courts they shall be held in the order and times first above stated. § 2. Be it further enacted, That the first term of each of the said courts shall be held in the months of October and November next, to commence and continue agreeably to the provisions contained in the first section of this act. § 3. Be it further enacted, That the associate judges of the said several circuit courts shall meet at the court houses or the places where the courts are usually held in the several counties in this Territory on the first Mon- days in January, May and September, in each and every year hereafter and such other times as are required by law or may be necessary to do, perform and transact, all the county business in the several counties in this Territoiy, which by clerks to keep seperate book for county bu- siness. One of the as- sociate judges to sign all or- ders. Clerks to fur- nish books, presses and seals. [ 56 ] the laws now, or that may hereafter be in force in thii^ Territory, was heretofore made the duty of the associate judges of the circuit courts established by an act re- organizing courts of justice approved thirty first Decem- ber eighteen hundred and thirteen. § 4. Be it further enacted. That the clerk of the said circuit court shall make out complete orders of court of all the said county business so done by the said associates, in a book, seperate and distinct from the books used in the circuit court, which orders shall be signed by one of the associate judges before the court adjourns. § 5. Be it further enacted, That it shall be the duty of the clerks of the several courts in this Territory, at their own proper costs and charges, to furnish the necessary books well bound, presses and seals, and shall from time TERRITORIAL LAWS, 1814 559 to time, exhibit his account on oath shewing each item and its price, and the court being satisfied of the currect- ness thereof, shall allow the same and order it to be paid out of the county treasury : Provided however, no allow- ance shall be made to any clerk, for any press or presses of any sum exceeding ten dollars, nor shall any allowance be made for stationary or any office articles but those herein specified. [ 57 ] CHAPTER XIV. An ACT supplementary to the act, entitled an act to ap- point a lister for Clark county. Approved — September 9, 1814, § 1. BE it enacted by the Legislative council and House of Representatives, That the lister appointed Lister of under the act to which this is a supplement, for Clark Clark county county, for the purpose of listing the taxable property ^^ ^' for 1813, be, and he is here hereby authorized to list and take in that part of the taxable persons and property in that part of Washington county, which formerly belonged to the said county of Clark for the year 1813, in the same manner, as if the citizens still belonged to said county of Clark, any law to the contrary notwithstanding, and the collector of dark county shall have full power to collect Collector of the taxes off the persons and property thus listed, as if it Clark county was still a part of Clark county, and account for the ^^s<^"*y- same, when collected according to law. This act to take effect from and after its passage. CHAPTER XV. An ACT to allow owners of town lots to redeem the same, when they shall be sold for taxes. .M 560 INDIANA HISTORICAL COLLECTIONS Approved — September 9, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, That when- H Owners of lots sold for taxes may re- deem the Sheriff to make a deed &c. [ 58 ] ever hereafter any lot or lots of land in any town within this Territory, or any out lot of land in the vicinity of any town in the said Territory, shall be sold for the non- pajTnent of any Territorial, county or borough tax or taxes due thereon, it shall be lawful for the owner or o\\Tiers of said lot or lots of land so sold to redeem the same within one year after such sale, under the same rules and regulations that persons are or shall be allowed to redeem land when sold for the non-payment of Terri- torial tax. § 2. Be it further enacted, That whenever hereafter any collector of any tax or taxes upon any in or outlot or lots in any town in this Territory, shall sell the same for the non-payment of the tax or taxes due thereon, he shall give the purchaser a deed therefor, in the same foiTn and under the same rules and regulations as are pre- scribed by the act entitled an act to authorise the collec- tors of taxes to make deeds in certain cases, approved the twenty second of December, eighteen hundred and thir- teen, and in all things the said deeds shall be made, exe- cuted and regulated as prescribed by the above recited act. This act to take effect from and after the passage thereof. [ 59 ] CHAPTER XVI. An ACT to amend an act entitled "an act establishing and regulating the militia of Indiana Territory. Approved — September 9, 1814, § 1. BE it enacted by the Legislative Council and musters. TERRITORIAL LAWS, 1814 561 House of Representatives, That until the appointment of general officers, it is hereby made the duty of comman- Comman- dants of regiments to order and personally attend and dants of regi- superintendent annual drill musters of the officers of ments shall their respective regiments, in the same manner and form, ^"Peiintend and under the same regulations and penalties, as is di- rected for drill musters of brigades in the nineteenth section of the act to which this is an amendment. § 2. Be it further enacted, That commandants of regiments shall and they are hereby directed to make Comman- annual returns of their respective regiments to the ad- dants of regi- jutant general, until the appointment of general officers, ments shall agreeably to the provisions laid down in the thirty eighth "^^^^ annual section of the act to which this is an amendment. returns. § 3. Be it further enacted, That in all cases where a detachment of the militia may be required, under the Commander provisions of the forty first section of the act to which in chief to is- this is an amendment, or on any requisition of any officer ^^® ^^^ orders of the United States, legally authorized to make such requisition, the commander in chief may issue his order to the commandants of divisions, bri- [ 60 ] gades, regiments, battalions, or companies, (as the case may be,) whose duty it is hereby made to comply with said order and requisition, as fully and absolutely as if the same had been fully provided for in the act to which this is an amendment, under the penalties annexed to a disobedience of orders provided for in the said act to which this is an amendment. § 4. Be it further enacted, That it shall be, and is . }^ ^^^ hereby made the duty of any judge or justice of the peace ^^^^ ^ ^^_ to administer the several oaths of office to militia officers minister the and certify the same, on the back of the commission. several oaths § 5. Be it further enacted, That all laws and parts of of office, laws in any manner relating to the militia of this Terri- Renealine tory, passed previous to the third day of January last, be section, and the same are hereby repealed. 37—49011 562 INDIANA HISTORICAL COLLECTIONS Persons ag- grieved may petition the governor. Governor may order a court martial Proviso. § 6. And be it further enacted, That whenever here- after any persons to the number of three, shall think themselves agrieved by the sentence or decision of any court of enquiry or court martial for the assessment of fines, they shall be at liberty to petition the governor, setting out the cause or causes of their grievance or grievances (the truth of which shall be tested by oath or affirmation of one of the petitioners or some other repu- table person) and the governor if he thinks the causes sufficient may order a court martial to consist of five members, officers of a different regiment from the one to which the peti- [ 61 ] tioners belong, who shall be authorised to proceed to hear and determine the complaint of the petitioners under the same rules and regulations prescribed by law in cases of other courts martial or courts of enquiry; and the decision of such court martial shall be final with the parties: Provided nevertheless, That such decision shall not operate or be so construed as to take away any remedy, which any person or persons may have at law, against any officer or non-commissioned officer, for any misconduct or oppression. Repealing section. General courts when and where held. CHAPTER XVII. An ACT concerning the general Court. Approved — September 10, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, That the seventeenth section of the act entitled an act reorganizing courts of justice approved December thirty first eighteen hunhred and thirteen, be and the same is hereby repealed. § 2. Be it further enacted. That the general court hereafter shall be held at the seat of government on the first Monday of February and September, and at Vin- TERRITORIAL LAWS, 1814 563 cennes in the county of Knox on the third Mondays of February and September, at Brookville in the county of Franklin on the fourth Mondays of February and September, annually. § 3. Be it further enacted, That all ori- [ 62 ] ginal suits indictments and recognizances in said court, Suits com- commenced by or against any person or persons residing menced where in the counties of Knox, Gibson, Posey and Warrick, shall ^^^^• and they are hereby transfered to the terms of the gene- ral court to be held in the county of Knox, and upon the application of either of the parties in said suits or indict- ments to the terms of the said court held at the seat of government, the said court shall order either the original papers and documents in said suits or a transcript there- of, certified by the clerk to be sent to the terms of said general court to be held at Vincennes, and the clerk of the general court shall obey the order of the said court, to send the said papers in the said suits, or a transcript thereof under the penalty of two hundred dollars for Clerks to be each ofsence, to be recovered by indictment for the party fined. ^^J"^^^- Clerks of § 4. Be it further enacted, That the clerk's of the cir- j^j^q^ ^nd cuit court of Knox county and Franklin counties shall Franklin cir- be the clerks of the terms of the general court to be held cuit courts to in the said county of Knox and Franklin, in their respec- be clerks of tive counties and the said clerks shall receive the same the general fees and suffer the same penalties that the clerk of the ^^^^^^ \^ ^^^^^ general court may or can receive or suffer. .. § 5. Be it further enacted, That all suits, in the gene- ral court, which have been removed by certiorari or Suits to be otherwise from the former courts of common pleas, or ^^"^^"^^^ from the former circuit courts consisting of one '^^Uoth^^'^" _ _ circuit courts. L Dd J of the judges of the general court, for the purposes of P, [62], 1. 15. In the enrolled act the words "use of the" appear between the words "the" and "party." — Ed. 564 INDIANA HISTORICAL COLLECTIONS Repealing section. Proviso. General courts not to hold courts of Nisi Prius, or courts of Oy- er, and Ter- minor & gen- eral jail deli- very. Special courts held by courts of common Pleas repeal- ed. obtaining a change of venue shall be returned to the cir- cuit courts of the several counties in which they were instituted, and the general court at their first term shall order the said suits to be so returned, any law or usage to the contrary notwithstanding. § 6. Be it further enacted, That all that part of the act entitled an act regulating the general courts approved September seventeenth eighteen hundred and seven and all and every act and part of an act which gives, original jurisdiction to the general court either in civil or crimi- nal cases be and the same are hereby repealed : Provided, Nothing herein shall effect suits or prosecutions already instituted in said courts- § 7. Be it further enacted, That so much of, and every act as authorizes the judges of the general court or any one of them to hold circuit courts of Nisi Prius, courts of Oyer and Terminer, and general jail delivery in the several counties in this Territory, and so much of all and every act and acts as authorizes the said judges or any of them to hold special courts of Oyer and Terminor, or special courts for the trial of criminals, by commission from the governor be and they are hereby repealed. § 8. Be it further enacted, That the act, entitled an act, authorizing the courts of common pleas to hold spe- cial courts for the purposes therein named approved De- cem- Suits to be tried at the general court held at Frank lin. [ 64 ] bar eighteenth, eighteen hundred and thirteen, be and the same is hereby repealed. § 9. Ayid be it further enacted. That all original suits indictments and recognizances in said general court, com- menced by or against any person or persons residing in the counties of Switzerland, Dearbourn, Franklin and Wayne shall and they are hereby transfered to the temis of the general court to be held in the county of Franklin § 7, 1. 1. In the enrolled act the word "all" appears between the words "of" and "and."— Ed. TERRITORIAL LAWS, 1814 565 and upon the application of either of the parties in said suits or indictments to the terms of the said court held at the seat of government, the said court shall orde>* either the original papers and documents in said suits (General court or transcripts thereof certified by the clerk to be sent to order pa- to the terms of said general court to be held at Brook- persdocu- ville, and the clerk of the general court shall obey the "^ents&c. order of the said court to send the said papers in the said suits, or a transcript thereof under the penalty of two hundred dollars for each offence, to be recovered by in- dictment for the use of the party injured. This act to take effect from and after the passage thereof. [ 65 ] CHAPTER XVIII. A71 ACT making certain specific appropriations. Approved — September 10, 1814. § 1. BE it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the same, That there shall be allowed to Jacob Rhoads for printing five hundred copies of the . laws, passed at the present session of the Legislature, the ^j^j^ f^j. ^^^^_ sum of one dollar and twenty five cents per page (Octavo ting the laws, page) and two cents for stitching each copy; and so soon as the printing and stitching of said laws shall be com- pleted, the Territorial treasurer is hereby authorized to issue his warrants for the same, payable at the treasury, as in other cases. § 2. Be it further enacted, That so soon as the laws of the present session may be completed by the printer, he shall immediately forward thirty five copies of the _ , laws, to the clerk's office of the several counties, to be ggnt to the dif- distributed to the civil officers, and the expence of the ferent clerks said transportation of the said laws, shall be paid out of offices, the Territorial treasury, on the warrant or warrants of the treasurer; and the residue of the laws shall, by the § 1, 1. 4. The second word is "Rhodes" in one copy of the laws examined. — Ed. 566 INDIANA HISTORICAL COLLECTIONS Seci-etary to deliver enrol- led bUls &c. printer be delivered in the Secretary's office for the Ter- ritory, the expence of transportation shall be paid as above. § 3. And be it further enacted, That the secretary of the Territory shall deliver the [ 66 ] enrolled bills, passed at the present session to the printer, taking his receipt for the same; and the said printer shall, after the printing is completed, and at the time he deposits the law, agreeably to this act, in the office of the secretary, return the enrolled bills. § 4. And he it further enacted, That general John Allowance to Cibson, be allowed the sum of twenty dollars for copying Gen. John and transmitting nine copies of the law reorganizing Gibson. courts of justice to the clerks of the several counties; —to Davis and to Davis Floyd the sum of forty eight dollars and Floyd. twenty five cents for furnishing stationary to the Legis- lature at the present session, and a trunk for the secre- tary of the council and for the use of the Territory, also including stationary for the treasurers office, and two —to Isaac quires of blank warrants; and to Isaac Shelby ten dol- Shelby. lars for making out in the year, 1811 abstracts of the land which had been stricken off the county of Clark and had fallen into the counties of Harrison and Jefferson, which abstracts were for the purpose of furnishing the several clerks with the list of lands which had fallen into their respective counties. CHAPTER XIX. An ACT supplementary to the several acts respecting highways. Approved — September 10, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, That no per- TERRITORIAL LAWS, 1814 567 [ 67 ] son whatsoever shall be compelled to work more than Persons shall five days, annually on the highway or highways in this work on the Territory ; unless a new road is to be opened, and in such highways five case no person shall be bound to work more than ten ^^^' days annually. § 2. Andbe it further enacted, That whenever any supervisor of any highway shall return any person to Justice of the any justice of the peace for failure to work on any high- peace to hear way agreeably to the order of such supervisor, it shall excuse &c be the duty of such justice to hear any excuse such de- linquint may make to exonerate himself from any fine im- posed by law in cases of delinquencey, and if in the opin- ion of said justice the excuse is sufficient (such as sick- ness or other unavoidable disability) the said justice shall discharge said delinquint, and no costs shall in such case be demandable. This act shall take effect from and after the passage thereof. CHAPTER XX. An ACT regulating the practice in the circuit courts and court of appeals. Approved — September 10, 1814, § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the Making cer- authority of the same, That the act entitled an act regu- ^^^" ^^^^ ^^® lating the practice in the general court and courts of ^"^^°^P^^^" , 1 /• J.1 1 r-, 1 tice m the cii common pleas and for other purposes, approved Septem- ^^j^ courts & ber seventeenth, eighteen hundred and seven, and all courts of ap- acts peals. [ 68 ] and parts of acts amendatory or supplementary to the said act which are now in force in this Territory are 568 INDIANA HISTORICAL COLLECTIONS Appeals may be had from justices of the peace to the circuit courts. Motions, pe- titions, appli- cations &c, to be made to the circuit courts. Circuit courts to make and issue all rules orders, awards and sentences. hereby declared to be applicable and made the rule of practice for the circuit courts and court of appeals now- established or hereafter to be established in this Terri- tory. § 2. And be it further enacted, That appeals shall be taken and had from the justices of the peace in the sev- eral counties, to the circuit courts in the same manner, and by and under the same rules and regulations, that they were taken and had from the said justices, to the courts of common pleas, and former circuit courts. § 3. And he it further enacted, That all motions, peti- tions and applications in favour of, or against any public officer or officers, or in favor of or against any person or persons, body or bodies politic, that might have been law- fully made to the general court, court of common pleas or former circuit court, (except in cases of appeals or WTits of error, and such as concern the county police) may be made to the circuit courts now established by the persons lawfully authorized, and the said circuit courts shall hear and determine the same according to law, and the said circuit courts, shall have full power and authority to make and issue all rules, orders, awards, and sentences, in all cases (except as before excepted) in the same man- ner and by and under the same rules and regulations that the courts of common pleas and former Circuit courts shall issue writs of cer- [ 69 ] circuit courts could or might do in such cases, and shall generally do, perfoiTn and exercise, all and singular, the duties and privileges that might have been done, per- formed and exercised, by the courts of common pleas & former circuit courts, as fully and amply, and in the same manner, and by and under the same rules and regulations that the said courts of common pleas, and former circuit courts could or might have done. § 4. And he it further enacted, That the said circuit courts now established, shall issue writs of certiorari and writs of habeas corpus agreeably to the rules and man- TERRITORIAL LAWS, 1814 569 ner, prescribed in the act entitled an act, authorizing the tiorari and courts of common pleas to issue writs of habeas corpus writs of Ha- and certiorari in certain cases, and the act amendatory beas corpus. of the said act and proceed thereon according to law. § 5. And be it further enacted, That all acts and parts „ , „ - , , ,. ,. J. Ruleofprac- 01 an act or acts, respectmg any practice or proceedmg ^.^^ .^ ^^^ in the said court of common pleas, circuit court or general circuit courts court, is hereby made applicable and declared to be the to be the same rule of practice or proceeding in the said circuit courts. as was in the § 6. And be it further enacted, That in all actions of courts of com- slander, assault and battery trespess, vi et armis, here- mon pleas &c. after to be brought or instituted, in any of the courts Verdict of a of this Territory, the verdict of the jury for plaintiff jury to cany or defendant shall carry full costs, any law to the con- full costs. trary notwithstanding ; [ 70 ] Provided nevertheless. That where judgment shall be Proviso. arrested after verdict the costs shall be taxed as is usually done in such cases of arrest. § 7. And be it further enacted. That the sheriff of each and every county in this Territory shall twenty days Sheriff shall before the setting of the circuit court in his county, sum- summons mon in the usual manner a sufficient number of free and s/"^"^ ^"^ P^ lawful house holders of said county, for grand and petit ^ J^^^'^s. jurors, whe are hereby required to attend the said court accordingly, under the penalties prescribed by the seventh section of the act entitled an act, regulating the general court, to be imposed agreeably to the provisions therein recited, and to be disposed of in the same manner. § 8. And be it further enacted. That in all cases where appearance bail is by law required, the sheriff or other Recognizance proper officer in place of taking bond for appearance as of special bail heretofore has been done, shall take a recognizance of J°^*^J^®" special bail in the common form for the defendants ap- J^ ^" ^ other proper pearance at the next term, and shall deliver the bail, a officer, bail piece at the same time if required, which recogni- 570 INDIANA HISTORICAL COLLECTIONS Sheriff to give the bail a bail piece if required. zance shall be taken, held and deemed as good and avail- able in law as if the same had been taken before the court, or a judge, at the return of the writ or day of appearance for which the sheriff shall be allowed seventy five cents to be taxed with the costs, and if the defendant shall fail to appear accordingly, the same proceedings Recognizance to be return- ed to the clerks office. Clerks to file reeognizance. Associate jud- ges shall take up all unfin- ished business returned to them by the clerk of the former circuit courts. Circuit jud- ges to hold courts in each county in their circuits. [ 71 ] may be had as has been usual in such cases, which recog- nizances shall be by the sheriff or other proper officer returned to the clerks office, under the same penalties, as for failing to return a bail bond, as prescribed by the third section of the act entitled an act, regulating the practice in the general court and court of common pleas, and for other purposes, and the clerk shall file the said recognizance, and may grant a bail peace upon the same as has been usually done in such cases, and if the bail be adjudged insufficient on application to the court, the sheriff shall be liable in the same manner as he formerly was upon a bail bond. § 9. And be it f2irther enacted, That the associate judges of each county shall at their first term for doing business relating to the county police, take up all un- finished business returned to them by the clerk of the former circuit court, in the order in which it may stand before them, on their docket, and finish the same agree- ably to the laws that now are or hereafter may be in force, in the same manner and under the same rules and regulations, that the courts of common pleas and former circuit courts ought to have done. § 10. A7id be it further enacted, That the circuit judges to be appointed under the act entitled an act establishing circuit courts, by and under the authority of their commissions, shall hold the courts in the counties that now are and that hereafter L. 4. In the enrolled act the last word is "twenty" instead of "seventy." — Ed. TERRITORIAL LAWS, 1814 571 [ 72 ] may be struck off, and attached to their different circuits. § 11. And be it further enacted, That every days pro- ceedings of the court, during the term shall be drawn at Every days full length by the clerk thereof against the next days proceedings sitting, which being examined and the errors corrected by ^ ^^ drawn at the court, the circuit judge or in his absence the elder f^^m^ngth. associate shall forthwith sign the same. § 12. And be it further enacted, That no appeals, writ of error, habeas corpus, certiorari or audita querela be No appeals to taken from the circuit courts now established in any be taken writs case which has been originally instituted, or at any time o'^rror&c. depending in any of the former circuit courts, and re- ., moved into the present circuit courts by virtue of the act, entitled an act to transfer the business of the former circuit courts into the circuit courts last established, and for other purposes, in any manner or under any pre- tences whatsoever, any law or usage to the contrary not- withstanding. § 13. Be it further enacted, That hereafter it shall be lawful for any person who shall issue a habeas corpus, ad toTlead^'th subjiciendum to release himself or herself from the cus- return made tody of any person not being an officer of the peace, upon a writ of to plead to the return made to said habeas corpus any habeas corpus matter of law, or fact which he or she may think proper, ^^ subjician- and if the facts stated in the return are admitted by the ^^™* plea the court or judges as the case may be, may decide Courts their thereon, instanter, but duty. [ 73 ] if the facts in the return are denied or contravened by other facts in the plea, if before a judge he shall return the proceedings to the next circuit court held in the county, if by the presiding judge of the circuit court, or the associate judges in said county, or if by one of the § 11, 1. 4. The enrolled act reads "all errors corrected thereon by" instead of "the errors corrected by." — Ed, Jury their du- ty. Notice to be given what deemed siifR- cient. 572 INDIANA HISTORICAL COLLECTIONS judges of the general court to the next general court and recognize the parties with sufficient security to appear at the court to which the proceedings shall be returned, it shall be the duty of the court to submit the same to a jury, under the same rules and regulations that issues in fact are submitted to a jury in other cases, and the jury may find for the party detained in custody with damages for his detention, or they may find that he, she or they, shall be returned into the custody of the party claiming such right of detention, or they may find the facts specially, and leave the law arising thereon to be pronounced by the court, and the court shall give judg- ment accordingly. § 14. Be it further enacted, That whenever any notice shall be required by law to be given by any party, litigant to the opposite party, in any suit in any circuit court, or in any matter to be brought before any circuit court, the notice so required may be given to said party, his, her, or their agent or attorney at law, if they or either of them reside in this Territory, but if neither the party, agent or attorney reside within this Territory, in that case such no- K Associate judges to have cogni- zance of the probate of wills letters testamentary [ 74 ] tice may be filed in the clerks office of the court where the matter is depending, or intended to be instituted, or published for three weeks successively in the Western Eagle or Western Sun. § 15. And he it further enacted, That the said associ- ate judges of the circuit courts, shall have full cognizance of all matters relating to the probate of wills, letters testamentary, and letters of administration, and of the disposition of minors and decedents estates, agreeable to the laws that now are, or that hereafter may be in force, L. 2. In the enrolled act the word "surity" instead of "se- curity" appears between the words "sufficient" and "to." — Ed. TERRITORIAL LAWS, 1814 573 and the clerks of the circuit courts, and the judges thereof, or any one of them shall have full power and authority in and out of court, in all such cases, to do and perform all or any of the duties enjoined by law on the court, judge or clerk of the common pleas and former circuit courts, as fully and amply as the said court, judjes or clerks of the said common pleas and former circuit courts might or could have done. § 16. And be it further enacted, That the said circuit Courts to is- courts shall have power and authority to issue writs of sue writs of adquodamnun and decide thereon according to law. adquodam This act to take effect from and after the passage ^'^"^• thereof. [ 75 ] CHAPTER XXL An ACT to regulate the practice in Chancery cases. Approved — September 10, 1814, § 1. BE it enacted by the Legislative council and House of Reresentatives, That the ninth and tenth sec- Repealing tions of the act entitled an act fixing the times of holding section, courts within this Territory, approved March 11 1813, and the act entitled an act for organizing a court of chancery, approved September the seventeenth eighteen hundred and seven, and all acts in amendment thereof and supplementary thereto be, and the same are hereby repealed. § 2. Be it further enacted, That the several circuit courts in this Territory, established at this session of Circuit courts the legislature of this Territory, in the several counties their power, in which they shall hereafter be held, shall have power and authority to hear and determine all matters, cases, suits and actions in equity which may arise in their re- spective counties; and shall for that purpose have power to issue subpoenas, attachments, proclamations, writs of sequestration and Ne Exeat, and to award injunctions, and any and all other process which does, or may apper- 574 INDIANA HISTORICAL COLLECTIONS No subpoena to issue until the bill is fil- ed with the clerk. Subpoena to run in the name of the United States &c. Complainants may make a pleurality of defendants. Complainants may amend their bill &c. tain to a court in chancery, subject however to the regu- lations herein contained. § 3. Be it further enacted, That no subpoena in chan- cery shall issue, until the bill is filed with the clerk of the court ; and [ 76 ] on filing of the bill, the clerk shall issue the subpoena which shall run in the name of the United States, bear test in the name of the clerk who issued the same, be dated the time when it issues, be sealed with the judicial seal of said court, and made returnable to the first day of the next succeeding term of said circuit court, but if the subpoena is issued in term time it may be made return- able to any day of the term in which it issues, or to the first day of the next term, in the election of the com- plainant or complainants. § 4. Be it further enacted, That the complainant or complainants, may make as many defendants to his, her or their bill, as he, she or they please, although they may claim under different titles, but if the bill is dimissed as to any of the defendants, or any of the said defendants shall succeed on the final hearing of the cause, the com- plainant or complainants shall pay him, her or them their costs ; except the court for special reasons shall otherwise decree, according to the circumstances of the case. § 5. Be it further enacted, That the complainant or complainants, may amend his her or their bill at any time before the defendant or defendants have answered, with- out the payment of costs, but in all material amendments after the answer is put in, he, she or they shall pay the defendant or defendants the costs occasioned by said amendment. § 6. Be it further enacted. That the de- [ 77 ] Defendants to fendant or defendants, shall file his, her or their answer, answer bill. within three months after the return of the subpoena TERRITORIAL LAWS, 1814 575 executed, but if the defendant or defendants, shall not file his, her or their answer within the said three months, the complainant or complainants may take his, her or their bill as confessed, and the court shall decree the matter thereof, or the complainant or complainants may have a general commission to take depositions, or an attachment to compel the defendant or defendants to answer the bill, or to answer interrogatories at his, her or their election, if the defendant or defendants are attached and refused to answer, the bill may be taken Defendants for confessed, or the defendant or defendants committed may be com- to prison, until he, she or they shall put in a sufficient mittedtopri- answer to the bill or the interrogatories. ^°^* § 7. Be it further enacted, That the defendant or de- fendants may introduce any new matter in his, her or Defendants their answer, material to his, her or their defence, and mayintro- call upon the complainant or complainants to answer duce new mat- thereto on oath or affirmation, which the complainant *^^^l.^.f^^!'_ or complainants shall do within the same time, under the same rules and regulations as a defendant or defendants are compelled to answer the bill of the complainant or complainants. § 8. Be it further enacted, That the defendant or de- fendants, shall be at liberty to bring in any new party Defendants before the court, may bring in [ 78 ] he shall state in his answer, and insert interrogatories a new party for him, her or them to answer, whereupon a subpoena before the shall issue and all other proceeding be had as is directed <^°^^- in the case of the other defendants. § 9. Be it further enacted. That the defendant or de- Defendants fendants shall answer on oath or affirmation, he, she or to answer on they may amend his, her or their answer at any time, o^^hmay before a special replication is filed, without costs ; but if ^?^ . ^^' the answer is amended after special replication is filed, g^gr&c P. [78], 1. 4. In the enrolled act the word "the" between "of" and "other" is omitted. — Ed. or their an- swer. 576 INDIANA HISTORICAL COLLECTIONS No dilatory plea or special demurer shall be received. Complainants may file his, her or their exceptions. the party so amending shall pay the complainant or com- plainants the costs occasioned thereby. § 10. Be it further enacted, That after answer is filed, or on the setting aside an office judgment, no plea in abatement, or other dilatoiy idea, or special demurer shall be received, unless it be a matter arising since the last continuance of the cause, nor shall any demurer, either general or special be received after answer is filed. § 11. Be it further enacted, That the complainant or complainants shall reply or file exceptions within two calander months after the answer is filed, if he, she or they fail so to do, the defendant or defendants may give a rule to reply with the clerk of the court, which being expired and no replication or exceptions filed, the suit shall be dismissed with costs unless the court for good cause shewn on the payment of costs shall set aside such office judgment. § 12. Be it further enacted. That if the complainant or complainants shall except to Complainants shall reply or file exceptions &c [ 79 ] the sufficiency of any answer, he, she or they may file his her or their exceptions with the clerk and give a rule to make a better answer, and if within the time of such rule the defendant or defendants shall put in a sufficient answer the same shall be received without costs, but if the defendant or defendants insist on the suffi- ciency of the answer, or fail to put in a sufficient answer, or put in another insufficient answer the complainant or complainants may set down his, her or their exception to be argued at the next term of the court, and after the expiration of such rule, or second insufficient answer put in no further or other answer, shall be received without costs, and if upon argument the exceptions of the com- plainant or complainants shall be over ruled, or the answer be adjudged insufficient, the party succeeding shall be entitled to such costs as the court shall allow. § 13. Be it further enacted, That if the defendant or TERRITORIAL LAWS, 1814 577 defendants (after the first answer is adjudged insuffi- cient) shall put in a second answer which is adjudged insufficient the costs shall be doubled, and if said defend- Costs shall be ant or defendants shall put in a third answer which shall doubled, be adjudged insufficient, he may be examined in court upon interrogatories, and if he, she or they refuse to j^ - , answer, he, she or they shall be committed until he, she maybocom- or they shall answer them at his, her or their own costs, mitted. [ 80 ] § 14. Be it further enacted, That if the defendant or defendants after process of contempt, shall put in an in- Procedure in sufficient answer, the complainant or complainants may case of con proceed with the process of contempt as if no answer had tempt, been put in. § 15. Be it further enacted, That where any defend- ant or defendants reside out of this Territory, the court Court to make shall enter up an order of publication, that unless the de- o^t an order fendant or defendants shall appear on or before the first of publication day of the next term and answer the bill of the complain- ant or complainants, the bill shall be taken for confessed, which order shall be published in the Western Eagle or Western Sun, for eight weeks successively, and if the defendant or defendants shall not appear agreeably to said order, the bill shall be taken for confessed, and the matter thereof decreed; or the complainant or com- plainants may take a general commission and take deposi- tions before the decree. A second pub § 16. Be it further enacted, That after appearance, or ^ication not subpcena executed, or publication as aforesaid, the ^^u^^^- amendment of the bill or other pleadings, shall not re- quire a new subpoena or other publication. All process in § 17. Be it further enacted, That all process in chan- chancery to eery shall be executed by the sheriff of the proper county, ^ executed unles he is a party to the suit, and in that case it shall t)y the shenflF be executed by the coroner, or such special commissioner An alias, plur- as the court shall appoint; an alias, pluries, or other ies may issue subpoena withcut an or- der of court. 38—49011 578 INDIANA HISTORICAL COLLECTIONS Preceedings where the de- fendant re- sides in ano- ther county. Rules to plead answer &c to be given in particular ca- ces. Suits to be dismissed. Office judg- ment may be entered. Answer to be taken before a judge or jus- [ 81 ] may issue without an order of court, but no process of contempt shall issue unless the subpoena has been exe- cuted by a sworn office. § 18. Be it further enacted, That when one or more of the defendants reside in any other county or counties in this Territory, the process in chancery may issue to such county or counties, and be executed on such defend- ant or defendants, by the sheriff or sheriffs (or coroner as the case may be) of such county or counties, and shall be returned to the office from which it issued on the re- turn day thereof. § 19 Be it further enacted, That rules to plead, an- swer, reply, rejoin, or other pleading not herein particu- larly mentioned, shall, when necessary be given from month to month, on the rule docket, kept for that pur- pose, in the clerks office of said court, and if the com- plainant or complainants shall fail to file any part of his, her, or their pleadings within the rules thus given his, her or their suit shall be dismissed, and if the defalt in pleading shall be on the part of the defendant or defend- ants, the complainant or complainants may enter up such office judgment as the situation of the case in such stage of it may require, but such office judgments may be set aside by the court at their next term on payment of costs. § 20. Be it further enacted, That all answers shall be on oath or affirmation before any judge or justice of the peace, and [ 82 ] ticeof the if the answer shall deny the allegations in the bill, the peace. complainant or complainants shall not have a decree, un- less the matter of the bill so denied, shall be proved by two witnesses or by one witness and coroborating circum- stances. P. [81], 1. 3. In the enrolled act the last word is "officer" n- stead of "office."— Ed. TERRITORIAL LAWS, 1814 579 § 21. Be it further enacted^ That no special replica- tion shall be necessary to the trial of any cause in chan- cery, nor shall a special commission be necessary to take depositions, but the complainant or complainants one month after he, she or they file his, her or their bill and the defendant or defendants immediately after he, she or they file his, her or their answer, shall be at liberty to take depositions on giving reasonable notice of the time and place of taking the same, and the deposition so taken shall be read on the final hearing of the cause. § 22. Be it further enacted, That three months after a general commission to take depositions, either party may set the cause for hearing and neither party shall take depositions thereafter without leave of the court for good cause shewn and payment of the costs occasioned thereby. § 23. Be it further enacted, That the cause may be heard and finally determined in one month after the same is set for hearing. § 24. Be it further enacted. That the court may ap- point auditors to settle accounts and commissioners to perform specific decrees and summon juries to find facts and try feigned issues. General rule for taking de- positions. Either party- may set the cause of hear- ng. Caue may be determined. Courts to ap- point auditors &c. [ 83 ] § 25. Be it further enacted, That the said courts in term time or the circuit judge or two associates in vaca- tion shall have power to award injunctions, the said court or the two associates in vacation, may award said in- junctions to operate in their own county, but the circuit judge may award injunctions to enjoin any judgment within the district over which he presides. § 26. Be it further enacted. That injunctions may be awarded in open court without notice, but no injuctions shall be granted or awarded in vacation unless the party applying for the same shall give ten days notice of the time and place of his application to the defendant or de- Circuit judge or two asso- ciates in vaca- tion may award injunc- tions. Injunctions may be awar- ded in open court. 580 INDIANA HISTORICAL COLLECTIONS No injunc- tion to be awarded un- less a bill is filed. Complainant or complain- ants to give bond with ap- proved secur- ity. No injunction to be granted to stay procee- dings on any judgment un- less the party release all er Injunctions to stay proceed- ings. Sheriff to re- turn money and property. fendants, nor shall any injunction be awarded unless upon bill filed and the allegations thereof supported by- oath or affirmation before some judge or justice of the peace, nor unless the court or the circuit judge or the two associates, as the case may be, shall be satisfied of the equity in the bill, nor unless the complainant or com- plainants ahall give bond with security to be approved of by the court or the judge or judges as the case may be in a sum sufficient to secure the payment of the judg- ment and costs so to be, enjoined together with ten per centum thereon. § 27. Be it further enacted, That no injunction shall be granted to stay proceedings on any judgment at law unless the party applying for the same shall release all errors at law in the judgment so prayed [ 84 ] to be enjoined under the seal of the party praying the injunctions to be filed in the suit at law, and certified in the bill; nor for a greater sum than he, she or they shall shew that he, she or they are not equitably bound to pay and so much as shall be thought necessary to cover costs; nor unless the sum to be enjoined is suffi- cient to admit of original jurisdiction in the court to which application is made for the injunction. § 28. Be it further enacted, That whenever an injunc- tion is awarded the clerk shall issue a subpoena with the injunction, which shall enjoin all parties, attornies, offi- cers &c. from proceeding on the judgment enjoined, and from the issuing of the same all proceedings on said judg- ment and any execution thereon shall be stayed, and all and every officer of said county and of this Territory shall desist, and if the sheriff or other officer has taken any money or property of the defendant or defendants at law from the complainant or complainants in equity, he shall return the same to said complainant or complain- ants in equity, and return such execution enjoined to the office from whence it issued. TERRITORIAL LAWS, 1814 581 § 29. Be it further enacted, That motions to dissolve injunctions on the bill for want of equity, may be made Proceedings at any time without notice; but motions to dissolve on in cases of bill and answer, or bill answer and exhibits shall not be motions to dis- made, unless the opposite party has had ten days notice f^Q^g^^ of such [ 85 ] motion; and on the dissolution of any injunction the court shall decree in favour of the defendant or defend- ants ten per centum on the amount of the judgment at law. § 30. Be it further enacted, That the said courts or Courts, cir- the circuit judge, or the two associates in vacation, shall cuit judges or have power to grant writs of Ne Exeat ; but said writs ^° ^^T^Sts shall not be granted but upon bill filed, and the allega- of ^e exit tions therein supported by oath or affirmation, nor until the party praying for the same shall enter into bond in the clerks's office of the court, from which the same is to be issued in such sum and with such securities as the court or the judge or judges granting the same shall di- rect; and the court, or the judge, or the judges granting said writ shall endorse thereon in what penalty, bond and security shall be required of the defendant or de- fendants, and if the defendant or defendants shall go out of the Territory and return before a personal appear- ance shall be necessary by any decree of the court, or shall be necessary to perform any order of the court; such, his, her or their temporay departure shall not be considered a breach of the conditions of the bond, and in case any person or persons so stayed by such writ of Ne Exeat, shall think himself, herself or themselves ag- grieved thereby he, she or they may bring suit on the bond so given by the complainant or complainants, and if on the trial it shall appear that such writ [ 86 ] was prayed without a just cause, the person or persons 582 INDIANA HISTORICAL COLLECTIONS Ne exit may be discharged. Non-resident complainants must give se- curity. Security may be discharged &c. injured shall recover the damages sustained by such writ of Ne Exeat. § 31. Be it further enacted, That if the defendant or defendants shall by answer satisfy the court that there is no reason for his being restrained, or give sufficient security to perform their decree the writ of Ne Exeat may be discharged. § 32. Be it further enacted, That resident and non- resident complainants shall be subject to the same regu- lations respecting security for costs as resident and non- resident plaintiffs now are by the laws of this Territory. § 33. Be it further enacted, That when any person or persons shall be security for any complainant or com- plainants, defendant or defendants under the provisions in this act, and shall feel himself, herself or themselves in danger of suffering by the insolvency of the person or persons for whom he, she or they are security, he, she or they may by application to the court in which said security was given, having first given the principal or principles ten days notice of the time and place of such application, be released from such obligation, neverthe- less if he, she or they are security for the defendant or defendants on a writ of Ne Exeat, he, she or they shall when they make such application deliver to the custody of the sheriff in open court the person or persons of such defendant [ 87 ] or defendants, and in such case the court shall proceed as if no such bond had been given, unless such party or parties shall give further and other sufficient secu- Proviso. rity: Provided hoioever, That such release from such obligation shall not exonerate such principal or princi- pals, security or securities from any breach of his, her or their obligation which took place previous to such re- lease, including all debts, damages and costs due and ac- crued previous to such release. § 34. Be it further enacted, That all notices required TERRITORIAL LAWS, 1814 583 by the provision in this act, shall be given to the party, Notices, shall his, her or their agent or attorney, provided said party, be given to agent or attorney resides within this Territory, but if ^^e party &c. neither the party agent or attorney resides within this Territory, the notice shall be filed in the clerks office of the court where the suit is depending, or published three weeks successively in the Western Eagle or Western Sun. § 35. Be it further enacted, That costs shall be taxed in favour of the party who succeeds in any suit in chan- Costs shall be eery, and in taxing the costs an attorney's fee of five taxed m fa- dollars shall be allowed : but when the title on land shall 7°^ , ^ ^^^' ty who suc- come in question, the attorney's fee taxed shall be ten ceeds. dollars. § 36. Be it further enacted, That the court may issue any execution to carry into effect any decree in the same Courts may manner and to operate in the same way to all intents and ^^^^^ execu- purposes on any decree, pro- ^*^"' [ 88 ] nounced in any case in chancery as a court of law may now or hereafter on any judgment at law. § 37. Be it further enacted. That all suits, actions, bills, petitions, motions, and all manner of proceedings Suits, actions now depending in the court of chancery in this Territory &c now pen be, and the same are hereby made cognizable in the cir- ding in the cuit court now established at this session of the legisla- cerv transf er- ture, and hereafter to be holden in and for the county edtothecir- of Knox, which said circuit court of Knox shall take up cuit courts in the said suits, actions, bills, petitions motions and pro- the county of ceedings in the manner in which they now stand in the Knox, said court of chancery, and proceed thereon to final judg- ment, decree and execution in the same manner and by the same rules and regulations as if the same had been originally instituted in the said circuit court. § 38. Be it further enacted, That the clerk of the court of chancery, shall on or before the first day of October clerk of the next deliver over to the clerk of the circuit court for the court of Chan- county of Knox, all the books, dockets, writings, papers, *^®^' ^ ^eh- 584 INDIANA HISTORICAL COLLECTIONS ver books dockets &c to the clerk of the circuit court of Knox. records, bills, answers, exhibits, deeds, documents, peti- tions, notices, depositions, affidavits, orders, rules, proc- ess, and all and every matter and thing whatsoever, be- longing or in any manner appertaining to the office of the clerk of the court of chancery, or in any way belong- ing or appertaining to said court of chancery, in the same order in which they now exist in the clerks office [ 89 ] of the court of chancery and if the said clerk of the said court of chancery shall fail neglect or refuse to discharge the duties assigned him by this act, or shall fail in any Clerk of the P^^'^ or particular thereof he shall be fined in any sum court of chan- not exceeding five thousand dollars, to be recovered by ceytobefin- indictment in any court having cognizance thereof, one ®^- half to the infonner and the other half to the Territory, and shall moreover be liable to the action of any person who may be injured thereby. § 39. Be it further enacted, That the clerk shall docket Clerk to ^^^ suits in chancery immediatey after the United States docket suits cases, and the court shall proceed to hear them, at such in chancery. times during the term as may best suit the convenience of the case and the business before them. § 40. Be it further enacted, That the Clerk shall be Clerks fees. entitled to fifty cents for issuing a subpoena or attach- ment in chancery, and twelve and a half cents for the endorsement of an injunction on the subpoena, for taking any bond under this act fifty cents, for filing any bill, answer, plea, demurer or replication or other pleading, twelve and a half cents, for entering up an order of pub- lication, twenty-five cents, and for a copy of the same, twenty-five cents, and for all other services he may per- form under this act he shall be entitled to the same fees as are allowed by law for similar services in the former courts of common pleas. M § 39, 1. 5. In the enrolled act the third word is "court" instead of "case." — Ed. TERRITORIAL LAWS, 1814 585 [ 90 ] § 41. Be it further enacted, That the sheriff (commis- sioner or coroner as the case may be) shall be entitled to Sheriffs fees, fifty cents for executing a subpoena or attachment in chancery, or a writ of Ne exeat, and twelve and a half cents for returning the same, and fifty cents for taking bond of the defendant or defendants and each of them in a writ of Ne Exeat, and for all other services he may perform under this act he shall be entitled to the same fees as are allowed by law for similar services in the for- mer court of common pleas. § 42. Be it further enacted, That if any clerk or sher- iff shall demand and receive any, or higher fees than are Clerk or allowed by this act for any service he may perform under Sheriff to be this act, or demand and receive any fee for services not ^^^ by him performed, he shall forfeit and pay for each and every item so overcharged the sum of ten dollars and the sum so overcharged to be recovered by any person suing for the same by warrant before any justice of the peace in the county where the clerk or sheriff resides. This act shall take effect from and after the passage thereof. 586 INDIANA HISTORICAL COLLECTIONS RESOLUTIONS. ■^■H 000*000 ^^^ A RESOLUTION. A joint resolution dispensing tvith the next annual meet- ing of the legislature. Approved September — 8, 1814. RESOLVED by the Legislative Council and House of Representatives, That the next annual meeting of the leg- islature required by the act entitled an act fixing the time of the annual meeting of the legislature until altered by law, be and the same is hereby dispensed with; and that the next meeting of the legislature held by author- ity of the aforesaid act, shall be at the seat of govern- ment on the first Monday in December in the year one thousand eight hundred and fifteen. A RESOLUTION. A joint resolution rsspecting the printing of the acts of the Legislature. Approved — September 6, 1814, RESOLVED by the Legislative Council and House of Representatives, That the printer of the acts of the Leg- islature, hereafter, shall not print the names of [ 92 ] the speaker of the House of Representative, the presi- dent of the Council, nor of his excellency the governor, to any of the several acts hereafter to be printed; but TERRITORIAL LAWS, 1814 587 shall immediately after the title of each and every act insert the time when the same was approved. A RESOLUTION. A joint resolution, respecting the printing the acts of the Legislature. Approved — September 8, 1814, RESOLVED by the Legislative Council and House of Representatives, That in printing the acts of the legis- lature hereafter to be printed, it shall be unnecessary to print, any act containing a charter of incorporation, or any act, the object of which is local and confined to any particular, company, town or county, or for the relief of any particular person or persons, or officer or officers, whatsoever, but the printer shall at the end of the gen- eral acts, and resolutions, print the titles of all the local and special acts with the time when the same were ap- proved, and at the head of such list of local and private acts insert the general title of local and private acts. A RESOLUTION. A joint resolution of both Houses. Approved August — 29, 1814. RESOLVED by the Legislative Council and House of Representatives, That the several listers for the year [ 93 ] 1815 be and they ae hereby authorized and required at the same time they take lists of the taxable property in their respective counties, to take a list of the free inhabitants within the same, noting in a seperate list the free male white inhabitants above the age of 21 years, 588 INDIANA HISTORICAL COLLECTIONS and the said list to return together with the lists of the taxable property to the clerks of their respective coun- ties, to the intent that it may be ascertained and known when there shall be sixty thousand free inhabitants within the Indiana Territory; and the clerks of the sev- eral courts are hereby required to transmit the same to the House of Representatives, at the same time and in the same manner that they transmit statements of the Territorial levies within their counties, and the courts of claims in the several counties, shall make to the listers reasonable allowances for said services. And that the said several listers, befor they enter upon the duties of their office, shall take an oath or affirmation before some magistrate or other person duly appointed to administer oaths, to take the census of inhabitants within their districts truly according to the best of their information, and return the same with their list of tax- ables — TERRITORIAL LAWS, 1814 589 A LIST OF PRIVATE ACTS, DEPOSITED IN THE SECRETARY'S OFFICE. An act for the regulation of the town of Salem, in Washington county. Approved September 6, 1814. An act for the relief of Nancy Whitford. Approved September 2, 1814. An act for the relief of Benjamin V. Beckes Sheriff of Knox county. Appproved September 10, 1814. An act to incorporate the Corydon Siminary. Approved September 9, 1814. An act supplementary to the act entitled, an act for the regulation of the town of Charlestown. Approved September 10, 1814. An act to incorporate the borough of Vincennes. Approved September 6, 1814. [ 95 ] An act to incorporate the Literary Society of Vevey. Approved August 31, 1814. An act authorizing the erection of a bridge over Tan- ners creek in the vicinity of Lawrenceburgh. Approved September 6, 1814. 590 INDIANA HISTORICAL COLLECTIONS An act to incorporate the Farmers and Mechanicks bank of Indiana. Approved September 6, 1814. An act to incorporate the President, Directors, and company of the bank of Vincennes. Approved September 10, 1814. TERRITORIAL LAWS, 1814 591 INDEX. APPEALS, from judgment of justices of the peace, 12, 68 Agent for Warrick county his duty, 17 Applicant to give public notice, 37 Attachment 47 Allowance to Gen. John Gibson, 66 to Davis Floyd, 66 to Isaac Shelby, 66 Associate Judges shall take up all unfinished business, 71 to have cognizance of the probate of wills, letters testamen- tary, &c 74 to sign all orders, 56 All process in chancery to be executed by the Sheriff, 80 An Alias Pluries may issue without an order of court 80 Answer to be taken before a judge or justice of the peace 1 Any person to plead to the return made upon a writ of habeas corpus ad subjiciandum, 72 Associate Judges their Sallery, 6 to be sworn, 7 Appointing a lister for Clark county, 13 Boundary designated, 18, 19, 30 Books papers &c. to be deposited with the recorder of Knox county, 39 Bond to be taken previous to an attachment, 48 Circuit court established courts of record 4 to have cognizance and award sentence, 5 shall issue writs, 6 to attest all sorts of writs, 10 proceed to final judgment, 11 award writs of certiorari, 12 appoint prosecuting attornies, 12 Clerks to attast writs, 9 of the former circuit courts to deliver boooks papers &c 11 nor recorder to be appointed agent, 22 to issue summons, 24 docket return, 25 N 592 INDIANA HISTORICAL COLLECTIONS [ 98 ] Clerks fees, 27, 29, 38 duty, 36 to be fined for neglect of duty, 39 of both houses their compensation 42 to keep seperate book for county business, 56 to furnish books presses and seals, 56 to be fined, 62 of Knox and Franklin circuit courts, to be clerks of the gen- eral courts, 62 to file recognizance, 71 of the court of Chancery to deliver books, dockets &c to the clerk of the circuit court of Knox, 88 of the court of chancery to be fined 89 to docket suits in chancery, 89 or sheriff to be fined, 90 Circuit courts to make and issue all rules, orders, awards & sentences, 68 shall issue writs of certiorari and writs of habeas corpus, ... 69 to issue writs of adquodamnum 74 their powers, 75 Counties forming each circuit, 4 of Posey and Perry, to enjoy the same privaledges as other counties, 19 county named, 31 Circuit judges to be learned in law, 4 to be a citizen of the United States, 6 to be commissioned, 6 sallary, 6 to admit attornies and councellors at law 10 to hold courts in each county in their circuit, 71 or two associates in vacation may award injunctions, 83 Courts to lay off town lots, 16 to erect public buildings, 16, 21 their duty 17, 53, 72 where held in the county of Perry 20 to adjourn, 21 to proceed to trial, 26 to award writs of enquiry, 26 may issue an alias summmons, 27 when held, 32 to appoint superintendants of election, 34 when and where held, 54 to make out an order of publication, 80 TERRITORIAL LAWS, 1814 593 [ 99 ] to appoint auditors &c 82 may issue execution, 87 Commissioners to fix the seat of justice for Posey county, .... 20 when and where to meet, 21 to fix the seat of justice in Perry county, 21 when and where to meet, 21 to fix the seat of justice in Switzerland county, 32 appointed, 35 to hear evidence, 36 shall appoint a clerk, 36 to hold a meeting, 36 shall hear testimony, 36 to hold special meetings, 37 fees, 38 and clerk to be sworn, 39 Compensation certified 41 Contingent fund, 42 Collector of Clark county his duty, 57 Commandants of regiments shall superintend annual drill mus- ters, 59 shall make annual returns, 59 Commander in chief to issue orders, &c 59 Complainants may make a pleaurality of defendants, 76 may amend their bill, 76 may file his, her or their bill, 78 shall reply or file exeptions &c 79 to give bond with approved security, 83 Costs shall be doubled, 79 shall be taxed in favor of the party who succeeds, 87 Cause may be determined, 82 Courts, circuit judges or two associates to grant writs of Ne Exeat, 82 Defendant flying from the Sheriff, 25 to answer bill, 77 may be committed to prison, 77 may introduce new matter in his, her or their answer, 77 may bring in a new party before the court, 77 to answer on oath 79 may be committed, 78 Door keepers their compensation, 42 Extending the bounds of Washington county, 15 Execution to issue for debt and costs, 29 blank form, 45 Extending the jurisdiction of justices of the peace to 100 dol- lars, 52 39—49011 594 INDIANA HISTORICAL COLLECTIONS [ 100 ] Every days proceedings to be drawn at full length, 72 Either party may set the cause for hearing, 82 Fines when paid, 8 collected by justices to be paid to the judges of the court, 53 General Court when adjourned, 1 when and where held, 61 not to hold courts of nise prius or courts of oyer and terminor and general jail delivery, 63 to order papers, documents &c 64 Governor to appoint a clerk, 9 may order a court martirl, 60 General rule for taking depositions, 82 Injunctions may be awarded in open court, 83 not to be awarded unless a bill filed, 83 not to stay proceedings on any judgment unless the party releases all errors, 83 to stay proceedings, 84 Judges to take recognizances, 8 to issue process, 8 to send for witness's, 9 to appoint persons to superintend elections, 22 to erect publick buildings, 31 to adjourn, 32 when to meet to do county business, 55 Judgment, 45 on attachment, 49 against a garnishee, 49 Justices of the peace to hear excuse, 67 Jury ther duty 73 Length of time each court shall sit, 55 Lister of Clark county his duty, 57 Laws to be sent to the different Clerks offices, 65 [ 101 ] Members of the legislature their sallary, 41 of the house of representatives, their compensation at the extra session, 41 TERRITORIAL LAWS, 1814 595 Mitimus for felony, 52 Making certain acts the rule of practice in the circuit courts and courts of appeals, 67 Motions, petitions, applications &c. to be made to the circuit courts, 68 New county established, 30 boundary designated, 30 No appeals, writs of error &c. to be taken from the circuit courts, 72 Notice to be given, what deemed sufficient, 72 No subpoena to issue until! the bill is filed with the Clerk, 75 No dilatory plea or special demurer be received, .... 78 Ne exit may be discharged, 86 Non-resident complainants must give security, 86 Notice shall be given to the party, 87 One of the associate judges to sign all orders, 56 Owners of town lots sold for taxes may redeem the same, 58 Oath of office to be administered by a judge or justice of the peace, 60 Office judgment may be entered, 81 Persons indicted where tried, 8 Penalty for refusal or neglect, 14 Purchasers in the town of Evansville to have bonds canceled, 17 Posey county established, 18 boundary designated, 18 Perry county established, 19 boundary designated, 19 Perry and Posey a part of the first circuit, 22 Persons holding bills, bonds &c shall file petition in the clerks office, 23 [ 102 ] Plaintiff obtain judgment against one defendent and take out an alias petition, 20 proceed to judgment, 21 596 INDIANA HISTORICAL COLLECTIONS Part of Jefferson attached to Dearborn, 34 Perpetuate testimony in the county of Knox, 35 Preceedings to be certified 37 Papers and testimony to be recorded 38 Prosecuting attorney his duty, 39 Persons aggrieved may petition the governor, 60 Persons shall work on highways five days, 67 Proceedings where the defendant resides in another county, 81 in case of motions to dissolve injunctions, 84 Procedure in case of contempt, 80 Recorders fees, 40 Recognizances, 51 Rule of practice in the circuit courts to be the same as was in the courts of common pleas, 69 Recognizance of special bail to be taken by sheriff or other proper officer, 70 to be returned to the clerks office, 71 Rules to plead, answer &c. to be given in particular cases, 81 Sheriff to adjourn, 7 to collect and pay over, 14 to appoint a lister, 14 to give a certificate of election, 23 to serve summons, 24 to leave summons, 25 fees, 27, 90 to serve a written notice, 32 to make a deed &c 58 to give the bail a bail peace, 70 shall summons grand and petit jurors, 70 [ 103 ] Sheriff to return money and property, 84 Superior courts to certify to the circuit courts, 13 Special courts repealed, 13 held by courts of common pleas repealed, 63 TERRITORIAL LAWS, 1814 597 Secretary of the Territory to transmit a certified copy, &c 14 Seat of justice for Warrick county removed, 16 where estabhshed, 16 Suits commenced where prosecuted, 20, 62 Satisfactory evidence must be produced, 37 Summons, 43 Subpoena, 44 Stay of execution, 53 Suits to be remanded from the general to the circuit courts, 62 to be tried at the general court held at Franklin, ... 64 Secretary to deliver enrolled bill, 65 Subpoena to run in the name of the U. States, 76 Suits to be dismissed, 81 Security may be discharged, 86 Suits, actions &c. now pending in the court of chan- cery transferred to the circuit courts in the county of Knox, 88 Switzerland to compose part of the third ciruit, 33 to be entitled to one Representative, 33 to elect Councellor, 34 Two associates cannot try criminals, 5 Transfering the business from the former circuit courts to the last established, 11 Territorial and county, taxes, how collected, 20, 31 Treasurer to issue his warrants, 42 The first term of each court when to commence, 55 Tax to be rated and collected, 13 Verdict of a jury to carry full costs 69 [ 104 ] Warrant, 44 in a criminal case, 50 ACTS OF ASSEMBLY OF THE INDIANA TERRITORY, PASSED AT THE SECOND SESSION OF THE FIFTH GENERAL ASSEMBLY OF SAID TERRITORY, BEGUN AND HELD AT THE TOWN OF CORYDON. ON MONDAY THE FOURTH DAY OF DECEMBER. A. D. ONE THOUSAND EIGHT HUN- DRED AND RFTEEN. LEXINGTON: PRINTED BY I AC OB RHOADS, PRINTER TO THE TERRITORY. 1816. TERRITORIAL LAWS, 1815 601 ACTS OF THE Indiana Territory, •^^ 00*00 ^^» CHAPTER I. AN ACT for the formation of a new County out of the counties of Washington and Jefferson. Approved December 18, 1815. Sec. I. 13E it enacted by the Legislative Council and J-' House of Representatives, and it is hereby enacted by the authority of the same, That from and New county after the first day of January next, all that part of the taken out of counties of Washington and Jefferson, which is included Washington in the following bounds, shall form and constitute a new Jefferson, county, that is to say. Beginning at a point on the east Boundaries, fork of White River where the line dividing sections four and five, in range two east, town three north crosses the same; thence due north to the Indian boundary line; thence with said boundary line eastward to the point where said line intersects the northern boundary line of the Grouseland purchase ; thence with the last mentioned line eastwardly to the point where the line dividing ranges seven and eight east, crosses the same; thence with the last mentioned line south, to the point where the line dividing townships three and four north, crosses the same; thence with the last mentioned line west, to the east fork of Muscacketuck river; thence down the said river, with the meanders thereof, to the junction of Drift fork of White river; 602 INDIANA HISTORICAL COLLECTIONS County na- med Jack- Proviso. Proviso. thence down the same with the meanders to the place of beginning. § 2. Be it further enacted, That the said county shall, from and after the first day of January next, be known and designated by the name and style of the county of Jackson, and it shall enjoy all the rights and privileges, and jurisdictions, which to a separate county do or may properly appertain and belong: Provided ahvays, That all suits, pleas, plaints, actions and proceedings, which may before the said first day of January, have been com- menced, instituted and depending within the now counties of Washington and Jefferson, shall be prosecuted to final judgment and effect, in the same manner as if this act had never been passed: And Provided also, That the Terri- torial and county levies, as taxes which are now due, within the bounds of the said new county, shall be col- lected and paid, in the same manner, and by the same officers, as they would have been, if the erection of said new county had not taken place. Com'rs to fix seat of Justice. When to convene and where. Assistant Judges to e- rect public buildings. § 3. Be it further enacted, That Alexander A. Meek, of Jefferson county, Joseph Bartholomew of Clark county, Peter M'Intosh of Harrison county, Ralph Cotton, jun. of Switzerland county, and William Lindley of Washington county, be and they are hereby appointed commissioners, to designate the place for the permanent seat of Justice of Jackson county, agreeably to an act, entitled "An act, for fixing the seats of Justice in all new counties hereafter to be laid off." The commissioners above named, or others appointed by the proper court, shall convene at the house of John Ketchum, on Driftwood river, on the second Monday of February next, and there proceed to discharge the duties assigned them by law. § 4. A7id be it further enacted, That the Assistant Judges of the circuit court, shall within twelve months after the permanent seat of Justice be established, pro- ceed to erect the necessary public buildings thereon. TERRITORIAL LAWS, 1815 603 § 5. And he it further enacted, That until suitable ac- commodations can be had, in the opinion of said court, Courts may at the seat of Justice of said new county, all the courts be held at of Justice for the same, shall be holden at the town of "^^^^^^^ Velonia. § 6. Be it further enacted, That whenever the Indian title to the lands, north of and adjoining to the lands, already purchased, and sold by the United States, all that tract of country, north of said county of Jackson, south of the line dividing town- 6 ships seven and eight north, and lying between ranges three and eight east, shall be attached to and become a part of said county of Jackson, and the said line dividing townships seven and eight north, shall be the permanent northern boundary of said county of Jackson. § 7. Be it further enacted, That to prevent future dis- putes, and in some measure to quiet the solicitudes which usually attend the settlement of new counties, respecting fixing county seats, &c. it is hereby declared, that the fu- ture permanent northern boundary of the county of Jef- fersonco, ferson shall be an east and west line dividing townships five and six north ; and whenever the inhabitants north of said east and west line, determined as the future north- ern boundary of Jefferson county, and lying between ranges seven and twelve east, amount to two hundred rank and file on the muster roll, they shall be entitled to the privileges of becoming a new county. This act to take effect from and after the first day when to be of January, 1816. in force. 7 CHAPTER IL AN ACT to repeal the several laws of the Indiana Terrri- tory, authorizing the Judges of the former Courts of Common Pleas and the Judges of the Circuit Courts in Permanent line of Jef- 604 INDIANA HISTORICAL COLLECTIONS term time, and the said Judges in vacation to issue writs of certiorari. Approved December 18, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same, That Repealing from and after the first day of March next, the act enti- act. tied "An act to amend the act entitled "An act author- izing the Courts of Common Pleas to issue writs of Habeas Corpus and certiorari in certain cases;" and the second, third and fourth sections of the act entitled "An act authorizing the courts of Common Pleas to issue writs of Habeas and certiorari in certain cases," be and the same are hereby repealed. 000000000000000000000 Part of Gib- son attached to Posey CO. CHAPTER III. AN ACT to attach part of the County of Gibson to Posey County. Approved December 18, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the first day of March next, all that part of the present County of Gibson, to wit, Beginning on the town- 8 Boundaries. ship line dividing townships four and five, where the line dividing ranges thirteen and fourteen crosses said town- ship line; thence with said range line north till it strikes the Wabash river ; thence with the meanders of said river to a point, where the township line aforesaid, strikes said river; thence eastwardly with said township line to the place of beginning, shall be, and the same is hereby sepa- rated or taken from the said county of Gibson, and added or attached to the said Posey county ; and the said part of the present county of Gibson so separated and attached. TERRITORIAL LAWS, 1815 605 shall in law and in fact, at all times thereafter, be to all intents and purposes, held, deemed and taken, as part of the said county of Posey : Provided nevertheless, That all Proviso, suits, pleas, plaints, actions and proceedings, which pre- vious to the said first day of March next, may have been commenced, instituted or depending within the present county of Gibson, shall be prosecuted to final judgment and execution, in the same manner as if this act had never taken place; and that all Territorial and county taxes which shall or may be due previous to the said first day of March next in the present county of Gibson shall be collected in the same manner, and by the same officers as they would have been if this act had not been passed. CHAPTER IV. AN ACT to prevent Swindling. Approved December 26, 1815. WHEREAS by the confidence placed by the public in the Banks of this country, which have been conducted in Preamble, good faith and sound policy, by persons known to possess capital and fair characters, whether incorporated or not, the notes of such banks have been at all times received, in exchange for any kind of merchandize, produce or other property, as readily as the more cumbrous medium of specie, to the great convenience of society; And whereas advantage has been taken of this public faith, and fair dealing, by a set of nefarious swindlers, in this Terri- tory, by passing similar notes of spurious banks without capital to a great extent, in exchange for valuable consid- eration, to the great injuiy of the community, and dis- credit of this Territory ; for the prevention whereof, § 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same. That from When to be and after the first day of July next, if any person or per- in force, sons in this Territory, shall sign, issue, pass, exchange 606 INDIANA HISTORICAL COLLECTIONS or circulate any due bill, promissory note, bank note, or instrument of writing for the payment of any money or property, or performance of any covenant or contract, purporting to be the act of any bank, company, secret so- ciety, or set of men, in this Territory, other than B To be fined in treble the amount. To pay the amount spe- cified. Proviso. I*roviso. Proviso. 10 is or are expressed by name, upon the face of such due bill, promissory note, bank note, or instrument of writ- ing, so as to gain a credit and trust, in some unknown person, company, or set of men, to the holder of such note, due bill, or instrument of writing, besides the signer or signers thereof, such person or persons so offending, shall on conviction thereof, by presentment or indictment, be- fore any court having jurisdiction thereof, be fined in treble the amount of such due bill, promissory note, bank note, or instrument of writing, for the use of the county, and shall moreover be liable to pay to the holder and pos- sessor of such due bill, promissory note, bank note, or instrument of writing the amount specified in the same, and the same shall recover with interest, and costs of suit, before any court having competent jurisdiction thereof. Provided however, That this act shall not be construed, so as to affect any company or bank, chartered by authority of this Territory. Provided further, That this act, shall not be construed, so as to affect any mer- cantile House, who upon the face of their notes, or other instruments of writing, express the surname of each per- son, so concerned in such mercantile House, and upon such instrument or instruments of writing, there does not appear to be further responsibility in any person, than such whose surnames are expressed. Avd Provided further, That nothing in this act contained, shall be 11 so construed, as to prevent the holder or holders, of such TERRITORIAL LAWS, 1815 607 note or notes, now in circulation, from demanding pay- ment of such notes, promissory notes, bank notes of any secret company or set of men, and of receiving in return therefor, any money, goods or property, they may be able to secure from the ostensible issuers, agents, or promoters of such institutions, or secret companies, or others in any way concerned, in such secret company, in this Terri- tory. Provided also, That this act shall not be construed, Proviso, to affect any person or persons in this Territory, who have taken instruments of writing, for the payment of money or property to them, under any particular firm, prior to the term this act takes effect. Provided further, Proviso. That this act shall be construed to be in force from and after its passage, so far as it will embrace the bank notes, on the Indiana Manufacturing Company, Lexing- ton, Indiana Territory. § 2. Be it further enacted. That every person or per- sons, who shall sign, subscribe, test or endorse, any such bank bill or note, promissory note, due bill, or other in- strument of writing, for the payment of any money or property, or for the performance of any covenants or con- tracts, as the agent, cashier, president, endorser of any such note, bank bill, or instrument of writing, holding out to the world a further responsibility, or credit in some unknown person or persons, company or set of men, other 12 than is or are expressed on the face of such note or in- strument, shall be liable for the whole amount of such note, promissory note, or instrument of writing, in their individual capacity, and be furthermore, amenable to the penalty, contained in the first section of this law. § 3. Be it further enacted, That from and after the Not to as- passage of this act, if any person or persons, shall as- sign, pay, sign, pay, transfer, or pass, to any person, any such notes, transfer or or instrument of writing, knowing the same to be of the ^^f ^ ^^^^ L. 9. —Ed. In the enrolled act the words "or persons" are omitted. notes. 608 INDIANA HISTORICAL COLLECTIONS Penalty as in 1st sect. Proviso. Passing counterfeit bank notes. nature and quality, as described in the first and second sections of this act, in payment of their just debts, or in exchange for any goods or other valuable consideration, they, and each of such persons so offending, and circu- lating such notes, or instrument of writing, shall be an- swerable and responsible to the holder of such notes or instruments of writing, to the full amount thereof, and be moreover liable to the penalties contained in the first section of this act. Provided however, That no prosecu- tion, by virtue of the provisions of this act, shall be sus- tained for the penalty of transferring such notes, unless an indictment shall be found within six months from the time of such transfer. § 4. Be it further enacted. That if any person or per- sons, shall pass or attempt to pass, any counterfeit bank note, knowing the same to be counterfeit, to any person or persons, within this Territory, shall upon conviction thereof, be fined in triple the 13 Penalty. amount of the notes thus passed or attempted to be passed, for the use of the county, and moreover receive on his or her bare back, not more than fifty, nor less than twenty-five lashes. 000000000000000000000 Court to lay a tax on lands, stores CHAPTER V. AN ACT supplementary to the several acts providing for the opening and repairing Public Roads and High- ways. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby oiacted by the authority of the same, That the courts authorized to transact county business, shall (at the court they fix the rate of taxation) lay a tax on lands, stores and all other objects of taxation, to be appropriated to the opening and TERRITORIAL LAWS, 1815 609 repairing public roads and highways in manner herein after directed, which tax on lands shall be equal to one half the Territorial tax, on retail stores, (reference being had to their value,) and on all other objects of taxation, not exceeding half that which is assessed for county pur- poses, assessed proportionably on each object of taxation, which tax shall be collected by the sheriffs as collectors. Collected for the same per cent, under the same penalties for ask- by sheriffs ing or receiving more than is legally due, at the same as other tax- time and in the same manner, and under the same rules and regulations that county tax- 14 es are, and shall be by the said sheriffs paid over to the Treasurers of the townships as is herein after directed, on or before the first day of April annually. § 2. And be it further enacted, That the said courts shall take bond and sufficient security of the said sheriffs in the penalty of one thousand dollars, payable to the said court, for the use of the county, conditional for the faithful performance of the duties of him required by virtue of this act; which bonds shall be deposited with the clerks of the respective counties, and shall on the con- dition being broken, be recoverable by motion of the prosecuting attorney in the circuit court, provided that the said sheriffs shall be credited for their lists of de- linquents, in the same manner, and under the same rules and regulations that delinquencies are allowed in case of Territorial and county taxes. § 3. And he it further enacted, That the said courts shall at their first term after the first day of January annually, appoint three township Commissioners in each township in their respective counties from the different parts of the townships, who previous to entering on the duties of their office, shall severally take an oath or af- firmation, faithfully and impartially to discharge the duties of their office to the best of their skill and under- standing, one of whom shall be by said court designated To pay in 1st April. Sheriffs to give bond. Courts to appoint 3 Com'rs. One to be designated Treasurer. 610 INDIANA HISTORICAL COLLECTIONS Township Treasurer, who shall previous to entering on the duties of his office as To give bond. Com'rs to meet, where & when. Supervisors their duty. 15 Treasurer, give bond and sufficient security to the said court for the use of his township, in the penalty of two hundred dollars, conditioned for the safe keeping, fair accounting for, and paying agreeable to the provisions of this act, all monies that shall come into his hands by vir- tue of the same, which bonds shall be deposited with the clerks of the respective counties, and shall be recoverable on motion of the prosecuting attornies in the circuit courts, and shall by the prosecuting attornies when col- lected, be paid over to the treasurers of the respective townships for the time being. § 4. And be it further enacted, That the commission- ers, or a majority of them, shall meet at the place of hold- ing elections in their respective townships, on the first Mondays in March and October annually, and at such other times as they shall appoint or adjourn to, and shall appoint fit persons supervisors or overseers to all the public roads in or passing through their respective town- ships, shall assign to each supervisor the road or part of road which he shall be overseer of, allot to each the hands which shall be employed in opening and repairing of the same, and particularly direct the sum or sums of money that each supervisor shall draw upon the township treas- urer for; and it shall be the duty of the said supervisors so appointed, on receiving notice of their appointments from the township treasurers, to open and 16 keep in proper repair agreeably to law the public roads, or parts of roads to them so assigned; and on failure Penalty for thereof, they shall be subject to the same fines and pen- neglect, alties which the supervisors heretofore appointed by the courts have been, which shall be prosecuted for and col- lected in the same manner, and under the same rules and TERRITORIAL LAWS, 1815 611 regulations which is provided for prosecuting for, and collecting fines assessed on supervisors by virtue of the several acts to which this is a supplement, and the said fines when collected shall be paid to the treasurers of the respective townships by the officers collecting the same. § 5. And be it further enacted, That from and after the first day of January next, no person shall be subject To work to work more than two days on the public roads, in each ^°^ "^°^® year, unless a new road shall be laid out, and in that case, ^^ ^^^* not more than four, two on the old, and two on the new road. Provided alivays, That any person who chooses Proviso, to work out their road tax, shall be permitted at the rate of sixty-two and one half cents per day, provided such labour be performed previous to the first day of Sep- tember, and at such time or times as the supervisors shall appoint and give notice of; and if any person or persons shall work out their road tax or any part thereof as herein permitted, the supervisors shall give such per- sons certificates for the same, or such part thereof as they may have worked out, particularly stating 17 therein the numbers of days, which certificates shall be received by the collectors at par, in lieu of road taxes, and the courts shall account with the collectors for the same, and said supervisors shall on the first day which the hands are collected on the roads, appoint the times and places such hands (as choose to work out their road tax) are to meet, give notice of the same to the hands so col- lected, and advertise in at least three different places in their respective districts, ten days previous to such meet- ing, the time and place so appointed, and shall on or be- fore the first day of October annually, transmit to the clerks of their respective counties a statement of the amount of the certificates by them given to individuals for labour performed as aforesaid, which statement shall by the said clerks be laid before their respective courts, at the Term they settle with the collectors, and the said Certificates to be taken in lieu of taxes at par. Ten days' notice to be given. 612 INDIANA HISTORICAL COLLECTIONS Wages for hands and teams. supervisors when they deem it necessary and expedient (and their funds will permit) shall have power to hire hands, teams and carriages to work on the public roads, in opening and repairing of the same, provided that the hire of a hand shall not exceed seventy-five cents per day ; the hire of a waggon team of four horses and driver, or four oxen and driver shall not exceed two dollars and fifty cents per day, and that the hire of a cart team of two horses and driver, or of two oxen and driver, shall not exceed one dollar and fifty cents per day, for which labour when Justices of the peace to collect and pay in by 1st of Dec. Listers — their duty. 18 performed, compensation shall be received of the town- ship treasurer, upon the order of the supervisors. § 6. And be it further enacted, That the said super- visors shall deposit with the township treasurers of their respective townships a list of such delinquencies, as may from time to time by them deposited with the justices of the peace for collection, and the said justices collecting such fines, shall pay the same to the township treasurer of the proper township, on or before the first day of De- cember annually, and transmit to the clerks of their re- spective counties a statement of the amount. § 7. And be it further oiacted, That it shall be the duty of the listers of taxable property in the several coun- ties, in listing the lands and taxable property in their re- spective counties, to list separately the lands and taxable property in each township of the same, and when a part of any tract shall lay in two or more townships, such tract shall be listed in the township where the greatest portion lays; and it shall be the duty of the sheriffs to pay to each township treasurer on or before the first day of April annually, the amount of the tax collected in their respective townships by virtue of this act. § 8. And be it further enacted, That each supervisor TERRITORIAL LAWS, 1815 613 appointed by virtue of this act, shall receive as a com- Compensa- pensation for his services, the sum of one dollar per day, ^^^^ °^ ^^' for each and every day they shall be necessarily pervisors. 19 employed in notifying and superintending the hands, which shall be allowed by the township commissioners on an account presented by the supervisors, supported by affidavit, and paid by the township treasurer; and each township commissioner shall receive as a compensation for his services the sum of seventy-five cents per day, for each and every day he shall be necessarily employed as commissioner, payable at the township treasury ; and the said township treasurers shall receive for their services and stationary such compensation as the courts in their discretion shall deem reasonable and just, which shall be allowed by the said courts in their settlements with the township treasurers ; and if on such settlement, there shall be found a balance remaining in the hands of any township treasurer, the same shall be certified by the clerk to the successor in office of such township treasurer, which certificate shall be delivered to the succeeding town- ship treasurer by the sheriffs, as is provided for deliver- ing lists of public roads by the fourth section of this act ; and if on a settlement so made it shall appear to the sat- isfaction of the court that there is remaining in the hands of any township treasurer sufficient funds for opening and repairing of the public roads in his township the en- suing year, without calling out the hands to perform per- sonal labour, the court shall direct the sheriff not to col- lect the road tax for such ensuing year in such town- ships as 20 there shall so appear to be sufficient funds in; and all preachers of the gospel, regularly licensed or ordained by L. 2. In the enrolled act the third word is "their" instead of "his."— Ed. Com'rs wa- ges. Township Treasurer's fees. If money remains in the treasury sheriff not to collect. 614 INDIANA HISTORICAL COLLECTIONS Preachers to be exempt from labor. Treasurers and Com'rs to hold their offices one year, and to keep books of record. Treasurer to be clerk to Com'rs. their respective orders to preach the gospel of Christ, and who are actually employed in preaching the same, shall be, and they are hereby exempt from contributing to the opening and repairing of public roads, so far as personal labour is required. § 9. And be it further enacted, That the township treasurers, and township commissioners appointed by vir- tue of this act, shall continue in office during one year; they shall in a book cause minutes to be kept of their pro- ceedings, and such books as may be necessary for keeping and settling the accounts of their respective townships. § 10. And be it further enacted, That the township treasurers shall act as clerks to the township commission- ers, and keep the books and accounts of their respective townships, and shall at the expiration of their office de- liver the same, together with such monies as may be re- maining in their hands belonging to the township, to their successors in office, upon their making application for the same. § 11. And be it further enacted, That the supervisors of roads, appointed by virtue of this act, shall have all the power and authorities, to carry into effect the several laws relative to the opening and repairing of the public roads and highways, which May pay the money in lieu of labor 21 are now vested in the supervisors of roads appointed by the courts. § 12. And be it further enacted, That any person who prefers it shall be permitted to pay money in lieu of per- sonal labour on the roads, by paying to the supervisor, when he notifies them to work upon the roads, sixty-two and an half cents per day, for each day they shall be notified to work, and on payment being made, the super- visors shall give such persons a receipt for the same, par- ticularly stating therein the amount, and the labour the money was received in lieu of. § 13. And be it further enacted, That the supervisors TERRITORIAL LAWS, 1815 615 of the roads, shall transmit to the clerks of the courts of Supervisors their respective counties, a statement of all monies by to transmit them collected, in lieu of personal labour on the public ^^^^ ement roads, previous to their paying such monies to the town- county cl'k ship treasurer, which statements shall by the said clerks be laid before their respective courts at the term they settle with the township treasurers. § 14. And be it further enacted, That the clerks shall exhibit on the court house door a list of the rate of taxa- Rate of tax- tion, imposed by virtue of this act, in the same manner ationtobe that lists of rates are exhibited in case of county taxes; posted, &c. and if any clerk, township commissioner, supervisor of the road, or justice of the peace, shall neglect or refuse Penalty for to perform any of the duties of them required, by virtue neglect or of this act, they shall be fined in any sum not exceeding ^^^f^sal. two hundred, nor 22 less than twenty dollars, to be recoverable on motion of the prosecuting attorney, in the circuit court, for the use of the proper county. § 15. And be it further enacted, That all acts and parts of acts coming within the purview of this act, be Repealing and the same are hereby repealed. section. § 16. Be it further enacted, That whenever the county court of any county in this Territory, shall judge it neces- sary, on account of the uncertainty of the location of any public road, or from the increasing value of the lands, ad- joining any public road or highway, a greater degree of precision and accuracy in metes and bounds is requisite, such court may, and is hereby authorized to appoint two commissioners, who together with some skilful surveyor, approved of by the court, shall proceed to survey any Roads to be such road or part or parts of any road or roads as the surveyed, court may direct, upon the ground heretofore established as a public highway, agreeable to the record thereof, and P. 22, 1. 1. In the enrolled act the word between "be" and "on" is "recovered" instead of "recoverable." — Ed, 616 INDIANA HISTORICAL COLLECTIONS such information as they can obtain on the subject. § 17. Be it further enacted, That it shall be the duty Clerk of the of the clerks of the several courts, within ten days after court to no- such appointment shall be made by their respective courts, ^^^y- to deliver a certificate thereof to the sheriff of the county, who shall within five days after the receipt thereof, de- liver the same to the persons so appointed, and in case of failure to deliver such certificate Proceedings to be certi- fied. Roads to be recorded. To print 5 hundred ex- tra copies. When to be in force. 23 as aforesaid by the clerk or sheriff as herein required, such clerk or sheriff so failing, shall be fined in the sum of ten dollars, recoverable before any justice of the peace, for the use of the county. § 18. Be it further enacted, That the commissioners and surveyor so appointed shall proceed to survey such road or parts of any road or roads, and certify under their hands and seals, the course and distance of such road or roads, or part or parts of any road or roads by them surveyed, to the court aforesaid, for which services they shall be allowed such compensation as the court may think proper. § 19. Be it further enacted. That the clerks of the county courts of the several counties, shall keep a book exclusively for the record of roads and highways, and such objects as are connected therewith, and shall therein record such orders as the court shall direct to be made. § 20. Be it further enacted, That the printer be au- thorized to print five hundred additional copies of this act, for the use of the road commissioners and super- visors, at the same price the other printing of the laws is done, to be paid in the same way, and delivered at the same time, and in the same proportion of the other laws of the present session. This act to take effect from and after the first day of January next. TERRITORIAL LAWS, 1815 617 24 CHAPTER VL AN ACT to amend the act entitled "An act establishing Circuit Courts." Approved December 18, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from the first day of March, eighteen hundred and sixteen, until the first day of March eighteen hundred and seventeen, the circuit judge of the second circuit shall be authorized, and it is hereby made his duty to attend and exercise the authority and perform the duties of circuit judge in the third circuit of this Territory. § 2. Be it further enacted. That all new counties laid out this session of the Legislature, shall be attached to the first circuit, until the first of March, eighteen hun- dred and seventeen. § 3. Be it further enacted, That the circuit judges of the first and second circuits shall each receive, in addition to their present salaries, a further compensation, at the rate of one hundred dollars per annum for the extra serv- ices required of them, by virtue of the provisions of this act, to commence from and after the first day of March next. § 4. And be it further enacted, That the said circuit courts shall have full cognizance of all matters relating to the probate of wills, letters testamentary, and letters of administration, and of the disposition of minors' and decedents' estates, agreea- Duty of the circ't judge 2d circuit. New coun- ties attach- ed to first circuit. Extra com- pensation of judges. To have cognizance of probate of wills, &c. 25 bly to the laws that now are, or that hereafter may be in force, and the clerks of the circuit courts, and the judges thereof, or any one of them, shall have full power and authority in and out of court, in all such cases to do and perform all or any of the duties enjoined by law on the 618 INDIANA HISTORICAL COLLECTIONS Repealing section. When to be in force. court, judge or clerk of the former court of common pleas and former circuit courts as fully and amply in law or equity as the said court, judges, or clerks of the said common pleas and former circuit courts, and present cir- cuit courts in equity, might, or could have done. § 5. Ajid be it further enacted, That the 15th section of the act, entitled "An act regulating the practice in the circuit courts and court of appeals" — approved Septem- ber 10th, 1814, be, and the same is hereby repealed. This act to take effect from and after its passage. 000000000000000000000 Counter- feiting and Forgery. CHAPTER VII. AN ACT to prevent Counterfeiting and Forgery. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That from and after the passage of this act, if any person shall falsely make, forge, counter- feit, deface or corrupt, or cause or D Penalty. 26 procure to be made, forged, counterfeited, defaced or cor- rupted, or willingly assist in making, forging, counter- feiting, defacing or corrupting any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for the payment of money or property, bank note, post note, or receipt, or acquittance, either for money or property, any auditor's warrant, certificate, or other public security, whereby money may be drawn from the treasury of this Territory, or of any county therein, with intention to defraud any person, persons or company, he, she or they so offending, shall be deemed guilty of forgery, and on conviction by indictment or presentment, shall be fined in threefold the amount or sum, he, she or rant on in- formation. TERRITORIAL LAWS, 1815 619 they have thereby defrauded, or attempted to have de- frauded, one half to the use of the party injured, or at- tempted to be injured, and the other half to the use of the county, wherein such indictment or presentment shall be found. § 2. Be it further enacted, That whenever any justice of the peace shall receive satisfactory information, on Justice to oath or affirmation, that there is reason to suspect any issue a war- person or persons, is or are engaged in forging or coun- terfeiting the notes or bills of any of the banks, whose notes are in current circulation, and that the materials necessary and usually used for such purpose, may prob- ably be found in the possession of any person named, at any par- 27 ticular house or place, it shall be lawful for such justice to issue his warrant to apprehend such person or persons, so informed on, and to cause him, her or them to be brought before him, and also to issue his search warrant May issue to a proper officer, to search such place so pointed out search war- by the informer, for implements of forging and counter- feiting, and to have them brought before him ; and if upon such examination, the justice shall be persuaded of the probable guilt of the parties, it shall be the duty of such justice to recognise such person so concerned, or sup- posed to be concerned in forging or counterfeiting, to the next circuit court of the county, and to retain in his hands, such implements of counterfeiting, to be produced as testimony of the guilt of such person or persons in- formed on. § 3. Be it further enacted, That all laws and parts of laws, coming within the purview of this law, be, and the Repealing same are hereby repealed. section 000000000000000000000 620 INDIANA HISTORICAL COLLECTIONS CHAPTER VIIL AN ACT regulating Elections. Approved December 26, 1815. § 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 act, entitled "An act regu- lating the general elections of the Indiana Territory" — approved the 17th of December, Mode of e- lecting in case of va- cancy. Repealing section. When to be in force. 28 1811, shall be in full force, from and after the passage hereof, except so much of the fourth section as requires the clerks to make out written forms of the several oaths or affirmations, and so much of the ninth section as re- quires tickets to be folded and given in secretly. § 2. Be it further enacted. That if any vacancy should happen in the council, by death, resignation or removal, the sheriffs of the several counties, shall meet at the county seat of the first county named in the governor's writ of election, to fill such vacancy, on the second Mon- day after the election, with a certificate of the votes each candidate had in the several counties; signed by all the judges of the several elections, who meet at the court house to compare the votes of their said counties, and when so met, shall compare the returns of the several counties, and shall makei out, for the person elected, a certificate of his election, signed by all the sheriffs present, which shall be given to the sheriff of the county wherein the member elected lives, and be by him trans- mitted to the person elected without delay. § 3. Be it further enacted. That all other laws and parts of laws regulating elections in the Indiana Terri- tory, be, and the same are hereby repealed. This act to take effect, from and after the passage thereof. TERRITORIAL LAWS, 1815 621 29 CHAPTER IX. AN ACT for the Regulation of the town of Lexington. Approved December 26, 1815. § 1. Be it enacted by the Legislative Council and Hov^e of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same, That James Ward, Samuel Patterson, Daniel Searles, Jacob Trustees. Rhoads and William Pringle, be, and the same are here- by appointed Trustees of the town of Lexington, who shall hold their offices until the first Monday of January, 1817, at which time it shall and may be lawful, and on the first Monday of January annually thereafter, for the free male citizens, residents of the town of Lexington, Howcho- above the age of twenty-one years, (free negroes, mu- sen. lattoes and Indians excepted) who have resided in said town for the space of six months, and all other persons owning free hold estate in said town, and are residents, to elect and choose five Trustees, who shall be freeholders, resident in said town; which election shall be conducted by one of the late or then acting Trustees, to be ap- pointed by the board of Trustees for that purpose; ten days' previous notice thereof shall be given, by advertis- ing the same in three at least of the most public places in said town; which advertising shall be done by the chair- man of the late or then acting Trustees; and the return of the persons so elected, shall be 30 made to the clerk of said board, which shall be recorded in their books. § 2. That vacancies occasioned by death, resignation, or otherwise, shall be supplied by elections, to be made in Vacancies, manner herein before directed, on a day to be appointed how suppli- § 1, 1. 4. In the enrolled act the second name is "Paterson" instead of "Patterson." — Ed. ed. 622 INDIANA HISTORICAL COLLECTIONS by the remaining Trustees, and return thereof made in manner herein before directed. § 3. The Trustees shall have power to impose taxes on May levy the citizens of said town, who shall be entitled to vote taxes. for Trustees, and that the said taxes shall be appor- tioned agreeably to the property held by each citizen within said town; any citizen of said town who has no visible property in said town, shall be taxed in any sum not exceeding fifty cents ; and all lots and other property in said town held by non residents, or others residing out of the said town, shall be taxed agreeably to the value of said property, in proportion as the citizens of said town are taxed. § 4. That the Trustees of said town shall have power Shall ap- ^^ appoint a person to take a list of the persons and point a list- taxable property in said towTi, and that the person so er. appointed, shall at such time as the Trustees may direct, proceed to take in and list in a book, the list of the per- sons taxable, and the taxable property, and return the same to the chairman of the Trustees; the several lists of taxable property shall be given in by each citizen upon oath; which oath the person so appointed, to take in the 31 same, shall have power and authority to administer. § 5. A7id be it further enacted, That the said Trustees To repair shall have power and authority to regulate and repair streets and the streets and alleys of said town, to remove nuisances alleys. and obstructions therein ; and also to remove obstructions and nuisances therein, at the expense of the person or persons who occasioned them, provided the person or per- sons will not remove them, on receiving notice from the Trustees aforesaid : and when such person or persons fail, after having notice given them to remove such nuisances or obstructions, the Trustees shall on failure thereof im- mediately have it done, and when done, the Trustees of said town may proceed by warrant, before some justice TERRITORIAL LAWS, 1815 623 of the peace of the town or county, for the recovery of such sum or sums of money as may accrue in the removal of such nuisances or obstructions in said town. § 6. And be it further enacted, That the Trustees of said town shall have power and authority to make pro- vision for collecting and accounting for the taxes they To appoint are empowered by this act to levy, by appointing a col- a collector, lector and directing distress for delinquencies, and to make such rules and regulations not contrary to the laws and ordinance for the government of the Territory, and constitution of fhe United States, as shall by a majority of them be thought necessary for the police of said 32 town, and affix a penalty for the breach of any by-law, committed by any person or persons, not exceeding ten dollars, to be recovered at the suit of the Trustees, be- fore any justice of the peace in said town or county, by action of debt, in the same manner that sums of like amount are now recoverable, together with costs of suit: Provided always, That before any by-law, enacted Proviso, by the Trustees of said town shall have any operation, it shall be advertised for two weeks successively in the most public places in said town. § 7. And be it further enacted. That immediately after the close of every annual election of Trustees, directed by this act, the powers of their predecessors shall cease, and the Trustees so elected shall be put in possession of the money, papers and records which the Trustees whom they succeeded had possession of. § 8. And be it further enacted, That the collector to be appointed by the Trustees as aforesaid, do enter into giyebond bond with such security as may be approved by said withsecuri Trustees, with a penalty in double the sum to be collected ty. by him, payable to the said Trustees, and their successors in office; and with a condition for the faithful execution of his office, and that the collectors shall have such powers to collect as may be given by the Trustees, and have an Trustees may make by-laws. Costs to be recovered with dama- ges, &c. May erect a market house. 624 INDIANA HISTORICAL COLLECTIONS allowance for collecting, six per cent, and provided said collector does not make his collections, or pay over the same when col- 33 lected, agreeably to the provisions of this act, on ten days' previous notice being given, a judgment may be recovered against said collector, by the Trustees, in any circuit court of the county of Jefferson, for the full amount put into his hands to collect, and award execu- tion thereupon. § 9. A7id be it further enacted, That the Trustees of said town, shall have full power and authority to enact by-laws to prevent shooting at a mark or for sport, run- ning or racing horses within such parts of the streets, alleys, inlots, or within any part of the public square in said town, as the Trustees may designate. § 10. Be it further enacted, That in all cases where a judgment shall be recovered by the provisions of this act, against a collector in the circuit court of Jefferson county, judgment shall be given for costs, with an at- torney's docket fee, should one be employed by the Trus- tees, together with eight per cent, in damages. § 11. Be it further enacted, That the said Trustees and their successors, or a majority of them, shall have power to erect a market house in said town on the public square, so soon as the population of said town shall be able to bear the expense, or the three-fourths of the citi- zens of said town, entitled to vote for Trustees, shall signify it fairly by petition to the then acting Trustees. § 12. Be it further enacted, That all taxes and monies collected under the by-laws, E Taxes, how to be appli- ed. 34 and the authority of this act, shall be applied towards the opening, repairing and improving the streets and TERRITORIAL LAWS, 1815 625 alleys in said town, and the building of a market house in the time and manner directed by this act, in the town aforesaid : Provided nevertheless, That whenever it may Proviso be found convenient, that the citizens or part of them may work out their tax so occasioned, by improving, repairing, or cleaning out the streets or alleys, as may be directed by the Trustees of said town : Provided also, That such compensation as the said Trustees may allow their clerk and the person appointed to take in the list of taxable property, shall be deducted out of the monies collected under the authority of this act. This act to take effect from and after the first day of January next. Proviso. When to be in force. 000000000000000000000 CHAPTER X. AN ACT to amend the several acts, providing for the assessment and appropriation of fines. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the passage Fines, how of this act, all fines imposed and collected by virtue of appropria- the penal laws of this Territory, either by the courts, '^^^• judges, or justices of the peace, shall be paid into the treasury of the counties, 35 for the use of the proper county where such fines shall be assessed and collected, under such fines and penalties as are prescribed by the several acts to which this is an amendment: And it shall be the duty of every judge and Duty of the justice of the peace who shall hereafter collect any fine judges and or fines, as aforesaid, to deliver to the persons of whom Justices, such fines are collected, a receipt for the the same, to- gether with a certified statemement of the amount ; which statement so delivered, shall by the person so fined be 626 INDIANA HISTORICAL COLLECTIONS To pay in on or before the first of March. County clerks, their duty. transmitted to the clerks of their respective counties within thirty days after they shall receive the same. § 2. And be it further enacted, That it shall be the duty of the said judges and justices collecting fines as aforesaid, to pay over all fines by them collected as afore- said, to the treasurers of their respective counties, on or before the first day of March annually, and transmit to the clerks of their respective counties a certified list of all the statements by them given to individuals, agree- ably to the provisions of this act ; particularly exhibiting therein the name of each person of whom fines have been by them collected, and the amount of each fine: And it shall be the duty of the clerks of the respective counties, annually to examine the records of their respeetive courts, and make out an amount therefrom of all the fines as- sessed by the courts, and lay the same before their re- spective courts, at the term which they settle with Penalty for refusal or neglect. 36 the sheriffs as county treasurers, for making out which accounts the said clerks shall be allowed three cents for each item therein. § 3. And be it further enacted, That if any judge, clerk, or justice of the peace, shall neglect or refuse to perform any of the duties of them required by virtue of this act, they shall be fined at the discretion of the court, in any sum not less than twenty, nor more than two hun- dred dollars, to be recovered by indictment for the use of the proper county. 000000000000000000000 CHAPTER XI. AN ACT extending the jurisdiction of Justices of the Peace. Approved December 26, 1815. § 1. Be it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it TERRITORIAL LAWS, 1815 627 is hereby enacted by the authority of the same, That the Justices of the Peace of the several counties of this Ter- To have ritory shall have concurrent jurisdiction with the circuit jurisdiction courts in this Territory, of all causes of action arising with circuit from contract, either express or implied, in all cases where the sum demanded shall not exceed forty dollars, except in cases where the title of lands or tenements may Exception, come in question, or upon promises of marriage; in all actions or suits brought for the recovery of damages for any trespass, wrong or rees. 37 injury done or committed against the real or personal estate of another, where the damages claimed shall not exceed twenty dollars ; in all cases of rent, where the de- mand shall not exceed thirty dollars; in all cases of trover and conversion to the amount of twenty dollars. § 2. And be it further enacted, That where any suit or action shall be instituted or brought before any justice of the peace of any county in this Territory, it shall be the duty of the justice of the peace, before whom such suit or action is brought, upon the request either of the plaintiff or defendant, to appoint three reputable citizens, Parties may as referees, to be chosen by the parties, or if the parties choose refe- cannot agree in such choice, then to be nominated by the said justice; and after the said referees shall, by view or otherwise, have inquired into the truth of the case, and made report thereof in writing to the justice, judg- ment shall be rendered thereon, and execution issue as in other cases. Provided however, That if the defendant shall, before the appointment of referees, make oath or affirmation, that the title of lands will come in question, in any such suit or action, then and in such case, it shall be the duty of such justice of the peace to dismiss the suit, in order that such question may be tried according to the course of common law. § 3, Be it further enacted, That in all suits or actions before any justice of the peace in this Territory, when referees shall Proviso. 628 INDIANA HISTORICAL COLLECTIONS Referees to be sworn or affirmed. Their fees. Justice to notify. Penalty. Justice to give copy of proceedings if required. 38 be chosen by the parties, or appointed by the justice, the referees thus chosen or appointed by the justice, shall be sworn or affirmed well and truly to try all matters in variance between the parties, submitted to them, or dam- ages sustained by the plaintiff, as the case may be, and shall be allowed fifty cents each per day, by the justice, provided the same shall be claimed at the same time of such service by such referees, to be taxed in the bill of costs. § 4. Be it furthey^ enacted, That it shall be the duty of the justice to notify such referees, through the medium of a constable, or some fit person if necessary, of their appointment, and of the time and place fixed on for a hearing, and if any person so notified, shall neglect or refuse to attend and serve, he or they shall, for every such neglect or refusal, forfeit and pay each, the sum of two dollars, to the use of the county, unless prevented by sickness or other unavoidable misfortune, recoverable before any justice of the peace, provided an action be brought within ten days after such neglect or refusal. § 5. Be it further enacted, That it shall be the duty of every justice of the peace, upon demand made, either by plaintiff or defendant, to make out a copy of all the pro- ceedings had before him in any suit, and deliver a certi- fied copy thereof to the party applying for the same, and if upon such demand made, he shall neglect or refuse so 39 to do, it shall be deemed a misdemeanor in office. § 6. Be it further enacted, That whenever the defend- Constable ant does not appear, upon summons, upon the day ap- to testify. pointed, it shall be the duty of the justice to examine the constable on oath or affirmation, before he proceeds to judgment, of the legal service of the summons; and if he be satisfied that the defendant has been regularly no- tified, he may proceed to give judgment and award execu- tion, as is already provided by law ; but if he is not satis- TERRITORIAL LAWS, 1815 629 fied of the due service of the summons, he shall award new process, and appoint another day of trial. § 7. Be it further enacted, That in case of judgment by default, before any justice of the peace, the defendant Justice may shall be entitled to a rehearing of his cause, on proof grant a re- being made before such justice within thirty days, either ^^^"^g- on oath or affirmation of such defendant, or other satis- factory evidence, that the defendant was absent when the process was served, and did not return home before the return day of such summons, or that he or she was prevented by sickness or other unavoidable accident from attending. § 8. Be it further enacted, That whenever a justice of the peace has received satisfactory evidence, agreeable to the provisions of the foregoing section, of the inability of any defendant to attend to the defence of his suit, he shall open his former 40 judgment, appoint a time for a new hearing, notify the plaintiff thereof by a constable, subpoena the former and such other witnesses as either party may require, and proceed to trial, judgment and execution, as in other cases. § 9. Be it further enacted. That whenever any person shall hereafter be commissioned as a justice of the peace, and there should not be any constable appointed conven- ient to such justice, or whenever the county courts shall neglect to appoint a constable convenient to any justice, such justice may appoint a constable in his own neigh- borhood, for the serving of civil process, to act until the county court of such county shall appoint some other person in the same neighborhood, or reappoint the same ; and it shall be the duty of such justice to take of such constable such bond as is required to be taken of con- stables by the existing laws. § 10. Be it further enacted. That for all services re- quired of any justice of the peace by the laws of this Extra fees, Territory, for which no particular fees are allowed, for Justice may appoint a constable. 630 INDIANA HISTORICAL COLLECTIONS each process or instrument of wtiting not exceeding one hundred words they shall be entitled to receive twelve and one half cents, and the like sum for every hundred words thereafter. § 11. Be it further enacted, That in all suits or actions before any justice of the peace in this Territory, where the judgment of the justice has been rendered upon Report of referees to be final. Exception. May con- fess judg- ment to the amount of 100 dollars. 41 the report of referees, chosen by the parties themselves, or appointed by the justice by the consent of the parties, and conformable to the report of the referees, there shall be no appeal, but the judgment shall be final ; provided such judgment, including interest and excluisve of costs, shall not exceed forty dollars in causes or actions arising from contract ; twenty dollars in actions for damages for injury done to the real or pei'sonal estate of another; twenty dollars in actions of trover and conversion, and thirty dollars in actions for the payment of rent. § 12. Be it further enacted, That when persons are willing to settle any dispute amicably between them, for a greater sum than is made cognizable by virtue of the provisions of this act, before a justice of the peace, it shall be lawful for the parties voluntarily to appear be- fore any justice of the peace in this Territory, and con- fess judgment for any sum not exceeding one hundred dollars, and on such judgment there shall be a stay of execution for any length of time the parties may agree upon before the justice, and to be entered upon the docket of such justice, at the time of entering judgment, pro- vided such stay of execution shall not exceed twelve months. § 13. Be it further enacted. That it shall be the duty of every justice of the peace, whenever any person or persons shall so apply by mutual consent, to confess judg- ment for any sum not exceeding one hun- TERRITORIAL LAWS, 1815 631 42 dred dollars, agreeable to the provisions of this act, to require an oath or affirmation of the party so applying Party con- to confess any judgment, which oath or affirmation shall fessingto be as follows, to wit : testify. I, A.B. do solemnly swear, (or affirm, as the case may be,) that I do not confess judgment in favor of (here Form of name the person or persons in whose favor the judgment oath or af- is confessed) to defraud any of my creditors, but that I firmation. am justly indebted to (here name the person or persons in whose favor the judgment is confessed) to the full amount I have confessed judgment for. Which oath or affirmation shall be made known to such person or persons applying to confess judgment, by the justice, before he administers the same, and before he enters judgment. § 14. Be it further enacted, That it shall be the duty of the justice of the peace to deliver a transcript of such Justice to judgment so confessed on application to the plaintiff, to- deliver a gether with the agreement as to stay of execution ; and it ti*anscript shall be the duty of such plaintiff, within twenty days ^ J^^gm . from the time of entering such judgment, to lodge the transcript thereof in the clerk's office, in the proper county where the judgment was confessed, to be recorded ; and the clerk is hereby required to record such transcript, for which he shall be allowed the same fees as for similar services. § 15. Be it further enacted, That the transcript of the judgment so lodged in 43 the clerk's office, shall have the same effect as any judg- ment in the circuit court in said county. § 16. Be it further enacted, That from and after the delivery of the transcript aforesaid by the magistrate to the plaintiff, such judgment on such justice's docket shall be void. 632 INDIANA HISTORICAL COLLECTIONS Plaintiff to testify on demanding capias. May issue warrant a- gainst free- holder. § 17. Be it further enacted, That no capias shall be issued by any justice of the peace in civil actions, unless the plaintiff shall make oath or affirmation before such justice, that he, she or they, as the case may be, is or are fearful of losing his, her or their demand, and that the defendant or defendants will remove himself, herself or themselves, as the case may be, without the jurisdic- tion of such justice before the final determination of the suit. § 18. Be it further enacted, That whenever any person or persons wish to commence any suit before any justice of the peace, and is or are fearful of losing his, her or their debt, provided the plaintiff shall make oath before such justice, that he, she or they is or are afraid that the defendant or defendants will abscond, or make over and transfer his, her or their real estate, as the case may be, to the loss of the plaintiff or plaintiffs, before the final determination of the suit, it shall be lawful for the justice to issue his warrant or capias against any such defend- ant, whether a freeholder or not, and proceed as is pro- 44 vided in such case, where the defendant is not a free- holder. § 19. Be it further enacted, That whenever any non resident wishes to commence a suit against any resident Non resi- citizen or citizens of this Territory, provided such non dent to give resident shall give bond with approved security to the bond. defendant resident citizen or citizens in double the amount of the sum claimed, conditioned, that he, she or they will prosecute such suit to final effect, and in case of being cast or judgment be rendered against him, her or them, that he, she or they will pay all costs of suit, and also such sums of money as shall be adjudged against him, her or them, such bond to be left with the justice; in such case it shall be the duty of the justice to issue process, and proceed as if such plaintiff was a resident citizen and not otherwise. TERRITORIAL LAWS, 1815 633 § 20. Be it further enacted, That the following sched- ule and forms be published with the acts of this session of the Legislature for the use of justices of the peace. Actions arising from contract, cognizable before a jus- tice of the peace, wherein their jurisdiction is limited to forty dollars, include DEBT, COVENANT, ASSUMPSIT. Debt, among others, embraces those cases where one Whatcon- gyes stitutes an On a fonner judgment, ^^]^^°^ ^°^ For a sum of money due on award, 45 On a bond, note or bill. On an agreement sealed or unsealed to pay a certain sum of money. On a lease for a certain sum. The term Covenant includes those cases where one Covenant, sues on a written contract under seal, To pay rent. For quiet enjoyment of premises, To save harmless, or keep indemnified. Not to assign premises leased. To keep in repair. To pay taxes, Not to plough meadows, orchards, &c. To do work, deliver a horse, &c. To pay so much corn, wheat, &c. To pay a certain sum in produce or trade. The term Assumpsit embraces those cases among others Assumpsit, where one sues. On a note of hand or agreement not sealed, On express contracts not under seal, for the breach of which damages have accrued to the plaintiff. To recover back money paid under mistake, or through the deceit of the other party. 634 INDIANA HISTORICAL COLLECTIONS To recover back money paid without consideration, or for a consideration which happens to fail, To recover back money paid to one acting under, or in pursuance of a void authority, To recover back money obtained from any one by com- pulsion, extortion, 46 imposition, oppression, or taking an undue advantage of the situation of the parties. To recover back money lent, paid, laid out, expended, to the use of the defendant, or at his request. To recover back money had and received by the de- fendant for the use of the plaintiff, For a sum certain: Also, for goods sold and delivered where there is no express agreement about the price, but where the plaintiff is to recover the value. For a sum certain or uncertain, for labor or work done. In cases of breach of official duty or trust, of nonfeas- ance or misfeasance, as if a sheriff or constable does not execute a writ given to him, or wilfully makes a wrong return thereon, or suffers his prisoner to es- cape; where an attorney betrays the cause of his client; where a person loses goods at an inn; where a common farrier does an injury to a horse in shoe- ing him; where an innkeeper refuses to admit a traveller, Where a person warrants a thing to be good which he sells, and it afterward proves to be bad at the time of sale, &c. 47 No. 1. SUMMONS. Indiana Territory — "I Jefferson county, set. j The United States to Peter Hemphill, constable of said county. Greeting. Summons. You are hereby commanded to summon A.B. to appear TERRITORIAL LAWS, 1815 635 before me C.H. one of the justices of the peace for said county, on the Sd day of June next or instant, as the case may be, at 3 o'clock in the afternoon, to answer to CD. in a plea arising from contract not exceeding forty dollars, and make return of this precept as the law directs. Given under my hand and seal this 4th day of June, 1815. C.H. J.P. seal. If the party plaintiff be an administrator and the de- fendants be executors, you will insert after the word sum- mon "A.B. and CD. executors of the last will and testa- ment of E.H. deceased," and after the term to answer, "G.H. administrator of all and singular of the goods and chattels, rights and credits, which were of J.K. deceased." No. 2. CAPIAS. Indiana Territory — Jefferson county, set. The United States to Peter Hemphill, constable of said county. Greeting. You are hereby commanded to take the body of A.B. capias. in said county, and forthwith bring him before me, one of the justices of the peace of said county, at my office in the county aforesaid, to answer CD. in a plea aris- ing from contract not ex- 48 ceeding forty dollars, notify the plaintiff of trial, and make return of this precept as the law directs. Given under my hand and seal this 4th June, 1815. C.H. J.P. seal. No. 3. Alia^ and pluries Capias and Summons Issues where the original returns not not regularly Al.&plur. served, and is the same as the original, only inserting capias and after the words "we command you" the following words, summons, "as you were before commanded;" but if the alias is di- rected to a constable who did not serve the original sum- mons, you insert "as heretofore we have commanded." A pluries capias or summons is also similar to the origi- 636 INDIANA HISTORICAL COLLECTIONS Notice to refei-ees. nal capias or summons, only inserting after the words "we command you" these words, "as you were oftentimes before commanded." No. 4. Notice to Referees. A.B. ^ vs. y On Reference. CD. J To E.F.— G.H.— I.K. Referees. You are hereby notified that you are appointed referees in the above action ; you are therefore required to attend at my office on the Ath day of June next or instant, at two o'clock in the afternoon, to hear the said parties, their proofs and allegations, and make report to me in writ- ing, under the penalty of two dollars each. Witness my hand and seal the 3d day of June, 1815. C.H. J. p. seal. 49 Appoint- ment of ref- Oath of ref- erees. In a plea arising from contract not exceeding forty dollars. No. 5. Appointment of Referees. Indiana Territory — Jefferson county, set. Peter Hemphill,'\ vs. y James Ware. J To A.B.— B.C. and CD. In the above action, you are appointed by the parties referees, and you being all sworn or affirmed, are well and truly to try all matters in variance between the par- ties submitted to you, and having heard the proofs and allegations, you or a majority of you are to make out an award under your hands, and transmit the same to me. Given under my hand and seal this third day of June, 1815. C.H. J. P. seal. No. 6. Oath of Referees. You do swear (or solemnly affirm) that you will well and truly try all matters in variance, submitted to you, between Peter Hemphill plaintiff, and John James de- TERRITORIAL LAWS, 1815 637 fendant, according to the best of your judgment, and the evidence that shall be laid before you. So help you God. No. 7. Report of Referees. (This should be endorsed on, or attached to the appoint- Report of ment of Referees.) referees. We, the referees within named, having heard the par- ties, their proofs and allegations, do report, that we find for the plaintiff the sum of thirty dollars, which sum is due and owing to the plaintiff, from the defendant, upon a promissory note, bond, damages in shoeing a horse, damages for the G 50 sale of unsound corn, warranted to be gaod at the time of sale, with costs of suit. Witness our hands the 3d day of June, 1815. No. 8. Information against Referees for refusing to serve. Indiana Territory — Jefferson county, set. Information A.B. of said county informs and complains, that E.F. ^^^^^^^^^^' of said county, having been duly chosen and appointed a referee, in a suit before C.H. a justice of the peace, in and for said county, wherein A.B. is plaintiff, and CD. is defendant, and being duly notified of the time and place of meeting, did neglect or refuse to serve as a ref- eree in said action, contrary to the act of the Territory in such case made and provided, and therefore the said A.B. prayeth that he the said E.F. may forfeit the pen- alty as is provided by law. A. B. Complainant. Taken and subscribed before me, C.H. J.P. seal. No. 9. Summons for Referees. Indiana Territory — Jefferson county, set. The United States to Peter Hemphill, constable of said county, Greeting. erees. 638 INDIANA HISTORICAL COLLECTIONS Summons for referees. Conviction of referees. Warrant to levy the fine. Whereas information and complaint hath been made before me, by A.B. of said county, that E.F. of said county did neglect or refuse to serve as a referee in a suit before C.H. a justice of the peace for said county, wherein A.B. was plaintiff, snd CD. defendant, after being duly appointed and required to serve, contrary to 51 the laws of this Territory: These are therefore to re- quire you to summon the said E.F. to appear before me, one of the justices of the peace for said county, at my office in said county, the third day of this or next month, to answer unto the said complainant, and make due serv- ice and return of this precept. Given under my hand and seal this 3d day of June, 1815. C.H. J.P. seal. No. 10. Conviction of Referees. Indiana Territory — Jefferson county, set. Be it remembered that E.F. of said county, is this 3d day of June, 1815, convicted before me C. H. a justice of the peace for said county, upon complaint and infor- mation of A.B. of said county, of having neglected or refused to serve as referee in an action before tne the 3d day of June, 1815 ; he being thereunto legally required : It is therefore considered that the said E.F. hath for- feited the sum of two dollars for the use of the county. C.H. J.P. seal. No. 11. Warrant to levy the Fine. Indiana Territory — Jefferson county, set. The United States to Peter Hemphill, constable of said county. Greeting. Whereas E.F. of said county hath been duly convicted before me, one of the justices of the peace of said county, of having refused to serve as a referee in a certain action before me, wherein A.B. is plaintiff, and CD. defendant, he, the said E.F. having been duly notified of his appoint- L. 2. In the enrolled act the third word, "by," is omitted. — Ed. TERRITORIAL LAWS, 1815 639 52 ment, and of the time and place of meeting, whereby he hath forfeited the sum of two dollars, which he hath re- fused to pay : These are therefore to command you, that you levy the said forfeiture by distress and sale of the goods and chattels of the said E.F. and pay the same over to the county treasurer, for the use of the county. Hereof fail not. Given under my hand and seal, this 3d June, 1815. C.H. J.P. seal Actions cognizable before a justice of the peace under Actions the term, trespass, wrong or injury done or committed cognizable against the real or personal estate of another, where the under term jurisdiction is limited to twenty dollars, may be comprised ^^^^pass, &c. under the following heads : Of injury done to the goods of another. 1. For wrongfully taking another's horse, sheep, hog, &c. &c. fowls, furniture, boat, wood, gun, &c. &c. 2. For spoiling or destroying his hay, corn, wood, &c. 3. For beating, wounding, killing a man's horse, hog, &c. Of injury done to the lands of another. 1. For entering a man's house, lands, &c. without leave, unless in case of a tavern keeper, whether owner or tenant. 2. For breaking another's fences, hedges, enclosures, &c. 3. For cutting his trees, treading down his com, oats, grass, wheat, &c. 53 No. 12. SUMMONS. Indiana Territory — Jefferson county, set. The United States to Peter Hemphill, constable of said county. Greeting. You are hereby commanded to summon A.B. of said Summons, county, to appear before me, one of the justices of the peaee for said county, the Sd day of June, 1815, at my office, at 4 o'clock in the afternoon, to answer CD. in a 640 INDIANA HISTORICAL COLLECTIONS Oath where damages are claimed. Superse- deas. plea of trespass, for damages done, or committed by the said A.B. against the real estate, or 'personal estate of the said CD. not exceeding twenty dollars. Given under my hand and seal this 3d June, 1815. C.H. J.P. seal. If the summons is in trover, say, (to answer A.B. in a plea of trover and conversion not exceeding twenty dollars.) Oath of referees where damages are claimed, same as in case of contract, except say (that you will well and truly assess the damages if any, which A.B. has sus- tained against CD.) &c. &c. No. 13. When execution has issued against a person not a free- holder, for want of bail for the stay of execution, if the defendant, after execution is out, offers sufficient bail, the justice may receive the same, and grant a super- sedeas against the execution. SUPERSEDEAS. Indiana Territoiy — Jefferson county, set. The United States to Peter Hemphill, constable of said county, Greeting. Whereas we lately commanded you, by 54 our execution, that you levy a certain debt or demand of twenty dollars, and the interest thereon, on the goods and chattels of E.F. for which A.B. before CD. esquire, a justice of the peace for said county, obtained judgment, together with two dollars costs of suit, and that for want of sufficient distress, you should take the body of the said E.F. into custody, and him convey to the jail of said county, there to be kept by the keeper thereof, until dis- charged by due course of law ; and whereas the said E.F. has bound himself with sufficient surety before our said L. 3. In the enrolled act the initials are "A.B." instead of "CD."— Ed. TERRITORIAL LAWS, 1815 641 justice, as the law directs in case of bail for stay of execution; therefore we command you, that if you have levied the goods and chattels of the said E.F. by virtue thereof, that you cause them to be restored to him with- out delay, and herein fail not. Given under my hand and seal, this 3d day of June, 1815. C.H. J.P. seal. No. 14. Dedimus to take Depositions. Indiana Territory — Jefferson county, set. Dedimus to The United States to Peter Hemphill, justice. Greeting. take deposi- John James,^ Demands arising from contract, not ex- ^^o"^- vs. >ceeding forty dollars, before C.H. a justice James John.J of the peace for said county. John James, plaintiff in the above cause having made oath that John Roberts, who resides out of the county of Jefferson, to wit, in the county of Switzerland, is a material witness for him, whose testimony 55 he wants in the above suit, ruled that I.K. of the county of Switzerland, a justice of the peace for said county, do call before him at a certain day and place by him for that purpose to be appointed, the said John Roberts, as a witness in the above cause, as well on the part and behalf of the defendant, as on the part and behalf of the plaintiff, and after having examined the said John Rob- erts on oath or affirmation, touching the matters in con- troversy, and reduced his testimony to writing, he do send the same to me under his hand and seal, together with the interrogatories, and this rule. Given under my hand and seal, this 3d day of June, 1815. C.H. J.P. seal. Interrogatories to be administered to John Roberts, a Interroga- witness to be produced, sworn and examined on behalf tones to be of John James, plaintiff in a certain action, now depend- a-dmimster- ing before C.H. one of the justices of the peace for said messes" county of Jefferson, against James John, defendant, pur- 42—49011 642 INDIANA HISTORICAL COLLECTIONS suant to a rule of the said justice made the 3d day of June, 1815. First. Do you know the parties or either of them? Second. Third. Interrogatories to be administered to John Roberts on behalf of Ja^nes John, defendant in the above cause. First. Second. Repealing section. May appeal to the cir- cuit court. Proviso. Entitled to a jury of 12 men. Constable to attend on day of trial Proviso. 56 § 21. Be it further enacted, That all laws and parts of laws coming within the purview of this act, be, and the same are hereby repealed. § 22. Be it further enacted. That all suitors, on judg- ment given for or against them or either of them, by any justice of the peace, shall be entitled to an appeal to the circuit courts, agreeably to the existing laws of this Territory, except as is excepted in the eleventh section of this act. Provided also, That the time of appealing shall be extended to thirty days, any law to the contrary notwithstanding. § 23. Be it further enacted, That the party or parties to any suit or suits, before justices of the peace, shall be entitled to a trial by jury of twelve men, upon the same principles, and under the same restrictions and rules as are now provided by the existing laws of this Territory, relative to trial by jury of six men, before justices of the peace, to be summoned in the same manner, in all sums above twenty dollars. § 24. And be it further enacted, That it shall be the duty of each constable to attend before the justice of the peace, at the return day of the process to him directed, by such justice, and keep order and decorum, and execute all legal commands of such justice of the peace, under the penalty not exceeding five dollars, to be assessed by such justice against the constable: Provided, That no fine shall be assessed as aforesaid, if the TERRITORIAL LAWS, 1815 643 57 constable produces satisfactory evidence, either by others' or his own affidavit, that he was prevented by sickness or other unavoidable circumstances. This act to take effect from and after the first day of When to be May next. ^" ^°^<^6- 000000000000000000000 CHAPTER XII. AN ACT for the formation of a new County out of the Counties of Washington, Gibson and Knox. Approved December 26, 1815. § 1. BE it endcted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same. That from and after the first day New county of February next, all that part of the counties of Wash- taken out of ington, Gibson and Knox, which is included within the Washington following boundaries, shall form and constitute a new ^ sonan county, which shall be known and designated, by the med Orange name and style of the County of Orange; that is to say. Beginning on the Indian boundary line, where the range Boundaries, line dividing ranges two and three west of the second principal meridian intersects said boundary line; thence south with said range line until it intersects the line di- viding the counties of Perry and Gibson; thence east with said line until it intersects the western boundary line of Harrison county; thence north with said line to the south-west corner of Washington county, H 58 and north-west comer of Harrison county; thence east with the line dividing Harrison and Washington counties, until it intersects the line dividing sections sixteen and seventeen in range two east, town one south ; thence north with said line dividing sections sixteen and seventeen 644 INDIANA HISTORICAL COLLECTIONS To enjoy equal privi leges with other coun- ties. Proviso. to the Indian boundary line ; thence westwardly with the said Indian boundary line to the place of beginning. § 2. Be it further enacted, That the said county hereby formed and established, shall enjoy and exercise all the rights, privileges and jurisdictions which to sepa- rate counties of this Territory do or may properly ap- pertain or belong : Provided ahvays, That all suits, pleas, plaints, actions and proceedings, which may before the first day of February next have been commenced, insti- tuted or depending within the present counties of Wash- ington, Gibson and Knox, shall be prosecuted to final judgment and execution, in the same manner as if this act had never been passed, and that the Territorial and county taxes, which are now due within the boundaries of the new county hereby established, shall be collected in the same manner, and by the same officers as they would have been if this act had not passed. § 3. Be it further enacted, That until a court house shall be erected for the accommodation of the court, the courts for the said county of Orange, shall be held at the Where to hold courts. Com'rs to fix seat of justice. Courts to erect public buildings. 59 house of William Lindly, junior, in said Orange county. § 4. Be it further enacted, That Peter M'Intosh, Ig- natius Able, Hiram Boon, Marston G. Clark and Samuel Jack, all of the counties of Washington and Harrison, be, and they are hereby appointed commissioners, to fix the seat of justice in said Orange county, who shall meet at the said William Lindly junior's, on the second Monday of February next, and proceed to fix the seat of justice for the said Orange county, agreeably to the provisions of an act for the fixing the seats of justice in all new counties hereafter to be laid off. § 5. Be it further enacted. That the said courts au- thorized to transact county business in the aforesaid new county, shall as soon as convenient after the seat of jus- tice is fixed, cause the public buildings of said new county to be erected thereon, and shall adjourn the court thereto, so soon as the court house is in the estimation of the TERRITORIAL LAWS, 1815 645 court sufficiently completed for the accommodation of the court. § 6. Be it further enacted, That the said Orange what dis- county is hereby declared to be and remain a part of trictbelong- the district for the election of counsellors composed of ingto. the counties of Washington and Knox, and in case of a vacancy for a counsellor, the associate judges of said county of Orange, shall have power to carry into effect the law regulating elections. 60 CHAPTER XIIL AN ACT legalizing the proceedings of the Washington Circuit Court for the County of Washington. Approved December 26, 1815. Whereas it is sufficiently represented to this assembly, Preamble. That great confusion is likely to arise in the county of Washington in consequence of the appointment of Joseph Kitchel, an associate judge of the circuit court of said county, to supersede Simeon Lamb, under a belief that the said Lamb had removed from the Territory : For the remedy whereof, § 1. Be it enacted by the Legislative Council and Hou^e of Representatives, That no judgment given, pro- ceedings had, in any cause in the said county of Wash- ington, wherein the said Joseph Kitchel sat as judge, shall be reversed, annulled or set aside, otherwise than in error appearing in the said judgment or proceedings, other than that of the said Kitchel having sat as judge; but the same shall be taken and deemed as available in law, as if the said Simeon Lamb had removed from the Ter- ritory aforesaid. 000000000000000000000 CHAPTER XIV. AN ACT fixing the times of holding Courts in the Coun- ties hereinafter mentioned. 646 INDIANA HISTORICAL COLLECTIONS Approved December 26, 1815. § 1. Be it enacted by the Legislative Council, and House of Representatives, and it is 61 Courts, hereby enacted by the authority of the same, That the when held circuit courts for the transacting of civil and criminal in Orange business shall be held in the county of Orange, on the county. second Mondays of April, July and November, which court shall continue three days if necessary. In the county of Jackson, on the first Fridays after When in the second Mondays in April, July and November, which Jackson co. court shall continue two days if necessary. § 2. Be it further enacted. That for and during one year after the passage of this act, there shall be added Knox and to the terms of holding courts in the counties of Knox Clark coun- and Clark, one week at each term. In the county of ti®s. Clark the terms of said court to continue one week longer than what is now fixed by law. In the county of Knox the terms of said court to commence on the Monday pre- ceding the times now fixed by law, except the next March term, which term shall remain as now fixed. 000000000000000000000 CHAPTER XV. AN ACT conceniing Clerks. Approved December 26, 1815. Preamble Whereas by an act of the Legislature of Indiana Terri- tory, passed on the 17th day September, in the year of our Lord, 1807, directing the manner of proceeding in cases of impeachment, and by virtue of the provisions of the before recited act, all civil 62 officers, holding any commission under the authority of this Territory, shall be impeachable by the House of Rep- TERRITORIAL LAWS, 1815 647 resentatives, either for mal administration or corruption in his office, and that the Legislative Council should have the sole power to try all impeachments, when sitting for that purpose; and that judgment in case of impeachment shall not extend further than to removal from office, and disqualification to hold any office, &c. And whereas in various instances, trials of impeachments create enor- mous expenses to the Territory, while it is absolutely necessary to have a check upon civil officers, and prevent them from abuse in their offices : For the remedy whereof, § 1. BE it enacted by the Legislative Council and Hcmse of Representatives, and it is hereby enxicted by the authority of the same, That any clerk of the present es- Clerk of the tablished circuit courts within this Territory, who has court to be been guilty of mal administration, or corruption in his indicted be- ior6 circuit office (and has not been removed from office by virtue of ^^^^ the above recited act,) or who shall hereafter be guilty of mal administration, or corruption in his office, shall, upon an indictment (being preferred against such clerk for offending as herein set forth) by the grand jury of the proper county, and being convicted on such indict- ment before the circuit court of the proper county, such conviction shall operate as a removal from office, and dis- qualification to hold any office, in the same 63 manner as if such clerk had been impeached and con- victed under the provisions of the act before recited. § 2. And be it further enacted, That upon the produc- tion of the transcript of the record from the circuit court Governor of such conviction as mentioned in the first section of Preappoint this act to the governor of this Territory, it shall be his ^jQ^^^Tthe duty to appoint another clerk. ^^^^.j^ § 3. And be it further enxicted. That hereafter it shall be the duty of the several clerks of the circuit courts in Clerks to this Territory, prior to sending out their fee bills for submit fee collection, except when fee bills are sent out with execu- ^^^^^ ^° ^^^ tion, to submit the same to the circuit courts of the proper ^°^^' 648 INDIANA HISTORICAL COLLECTIONS Justices of the peace tried in the same man- ner as cl'ks. When to be in force. Collectors may compel payment of taxes. Time of payment ex- tended two months. county, whose duty it shall be to correct the same, if necessary, and note said fee bills or records, which fee bills thus corrected, shall then be deemed valid in law; and any clerk failing herein, shall forfeit his office, upon conviction, as prescribed in the first section of this act. § 4. And be it further enacted, That justices of the peace shall be tried for mal administration in office, or for any misdemeanor or high crime, and removal from office in the same manner as is above directed for the trial and removal of clerks. This act to take effect from and after the first day of March next. 64 CHAPTER XVL AN ACT for the relief of Collectors of Taxes in the Coun- ties of Franklin and Clark in this Territory. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives of the Indiana Terntoi'y, and it is hereby enacted by the autho7'ity of the same, That it shall be lawful for the collectors of taxes, in the several counties of this Territory, to demand the same from indi- viduals and compel the payment thereof, although said collectors may not have demanded the same, previous to the first day of October in each and every year. § 2. And be it further enacted. That a further time of two months be allowed to the sheriffs or collectors of Franklin and Clark counties as aforesaid, to pay any county order the present year in pursuance of the order of the court, agreeable to the provisions of the twenty- third section of the act, entitled "An act to reduce into one the several acts establishing a permanent revenue." 000000000000000000000 TERRITORIAL LAWS, 1815 649 CHAPTER XVIL AN ACT supplementary to an act to establish Ferries, and an act supplementary thereunto. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, 65 That the county courts of the several counties within this Courts to Territory are hereby authorized to establish Ferries over establish the river Ohio, or any of the rivers or creeks bordering ferries, or adjoining this Territory, within the jurisdiction of their respective counties, under the same rules, restric- tions and regulations as are now provided by law, for the establishing of Ferries over any river or creek within this Territory. § 2, Be it further enacted, That all Ferries heretofore established by the courts of common pleas, former circuit courts, or present county courts of any of the counties in this Territory, or by the former or present governor of the Territory, over the river Ohio, or any of the rivers or creeks bordering or adjoining this Territory, shall be deemed lawfully established to all intents and purposes, Licenses al- provided that the owner or owners of any such ferry, ready gran- shall within six months from and after the passage of ^^^^^^^o^" this act, execute a bond (as is provided in the second section of the act entitled "An act to establish and regu- late ferries") in the county where any such ferry shall have been established: Provided also, That the county Proviso, courts as mentioned in the second section of this act, shall have power to vacate any such ferry where the owner or owners of any such ferry are not the proprietor or proprietors of the land or landing where any such ferry has been established. 650 INDIANA HISTORICAL COLLECTIONS License to be void on sale or dis- posal of the ferry. To land per sons & prop- erty from boats, &c. 66 § 3. Be it further enacted, That whenever any person owning- a feriy established by law, on any river or creek within or bordering on this Territory, shall sell, transfer and assign the same, his license shall cease and be void from the time of making such sale, transfer or assign- ment, provided that the court or authority granting fer- ries, shall grant to such purchaser or assignee, a license in his own name, by his entering into bond with sufficient security, to discharge the duties of ferry keeper; and on such licence being granted, the former owner or as- signor shall be barred from any damages arising from the misconduct or neglect of such purchaser or assignee. § 4. Be it further enacted, That it shall be the duty of the owner or superintendant of every ferry, when he shall be called upon to land any person or property from any boat passing down the river Ohio, to do the same at the same rate of ferriage he is authorized to charge for ferrying such person or property across the river aforesaid. This act to be in force from and after its passage. 000000000000000000000 CHAPTER XVIIL AN ACT conce7'ning Insane Persons. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, 67 That any bargain, sale, conveyance or act of any person or persons, in a state of insanity, shall be void, or of no effect in law. § 2. Be it further enxicted, That whenever any county court in this Territory, shall receive satisfactory infor- TERRITORIAL LAWS, 1815 651 mation, that any person in their respective counties, hav- ing property, and is or has become insane, it shall be the duty of the said court, to direct the sheriff of the county to summon twelve of the most intelligent men in the county, one of whom at least shall be a physician, being householders, impartially to inquire into the fact, and to appoint the time and place where such jury shall meet, and inspect such insane person, and also to cause to ap- pear before them, such persons as they may think proper, to give testimony, as to the insanity of such person, and if the jury so summoned and sworn, shall decide from such inspection and testimony, that such person is insane, and not able to take care of his or her property, the court shall proceed to appoint three suitable persons, guardians of the person and estate of such insane person, whose duty it shall be to take such care of the person and property of such insane person, as may be necessary for the safety and preservation of the same. § 3. Be it further enacted, That whenever it may be thought necessary, the circuit court of the county, wherein such inquests of insanity was held, upon proper represen- tation, may direct and order the Court to or- der sheriff to summon a jury of 12 men. On verdict of insanity to appoint 3 guardians. 68 sale of the real and personal estate of such insane person. Court may for the support of such insane person, his or her fam- order sale ily, the payment of his or her debts, or for the improve- of property, ment thereof, and generally to act and do what to them shall seem proper, for the benefit of the person or prop- erty of such insane person, consistent with law. § 4. And he it further enacted, That so soon as it is determined by inquest, as mentioned in the second sec- tion of this act, that such person is insane, it is hereby declared, that all judgments, executions and suits pend- Suits, &c. in ing against such insane person shall be suspended, until law to be the appointment of a guardian or guardians, and then the suspended, same proceedings shall be had against such guardian or Proceed vs. guardians, whose appointment shall continue during the guardians. 652 INDIANA HISTORICAL COLLECTIONS If no prop- erty, dealt with as pau- pers. When to be in force. insanity of such insane person, to be determined by the court, for the recovery of the debts of such insane per- son, under the same rules, restrictions and regulations, as are prescribed by the existing laws of this Territory, against administrators and executors. § 5. And be it further enacted, That all other persons insane, who have not property for their support, shall be entitled to all the benefits of the laws of this Territory, for the relief of paupers ; and the overseers of the poor, and all other persons concerned, are directed to govern themselves accordingly. This act to take effect from and after its passage. Entitled to writ of ad quod dam num. 69 CHAPTER XIX. AN ACT to amend the act entitled "An act regulating Grist Mills and Millers." Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That from and after the passage of this act, where any person or persons may wish to build or erect any mill or other dam, or who may have built any mill or other dam over any creek, run or spring, who shall own the soil on both sides of the stream by virtue of a certificate from the United States, title, bond, deed, or other inchoate right or title, he, she or they, on application made to the circuit court of the county, shall be entitled to the benefit of a writ of ad quod dam num, in the same manner as is provided in the act to which this is an amendment, as if such person applying there- for had the right of soil in fee simple; and no notice to the person likely to be affected shall be necessary, pre- vious to the application and obtaining the writ aforesaid, provided such notice be given ten days previous to the inquisition of the sheriff. § 2. That it shall be the duty of the circuit court to TERRITORIAL LAWS, 1815 653 give in charge to grand juries in the several counties, so Penal to ask much of the law to which this is an amendment, as makes or receive it penal to ask or receive more toll than is allowed by the provisions of said act. § 3. And be it further enacted, That each and every person in this Territory who more than legal toll. the stream in the chan- nel. 70 shall be the owner of a grist or saw mill in said Terri- May build a tory, and who has a dam across any water, it shall be dam to keep lawful for such owner, as far as the water is caused by said dam, to be an eddy or backed up said water or stream, and the water has or is about to wash a chan- nel so as to run in said stream from above the dam below the same, to erect such fortifications as he may think proper to prevent the water from cutting or washing a channel upon the edge of such stream, as far as the water is caused by said dam to be an eddy, or backed up said stream. 000000000000000000000 CHAPTER XX. AN ACT making certain specific appropriations. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and Hov^e of Representatives, and it is hereby enacted by the authority of the same, That there shall be allowed to Jacob Rhoads for printing five hundred copies of the laws passed at the present session of the Legislature, the sum of one dollar and twenty-five cents per page in one copy laws, (octavo page) & four cents for stitching each copy, and making an index and marginal notes to each; the sum of one hundred dollars is also allowed said Rhoads, for delivering the said five hundred copies of the laws as hereafter directed; and so soon as the printing, making the marginal notes, index, and deliv- Appropria- tion for the printing 500 copies of the 654 INDIANA HISTORICAL COLLECTIONS Pi-inter to distribute the laws to county elks. Enrolled bills, who delivered to. Members, &c. paying into treasu- ry to be re- paid by the sheriffs. 71 ering said laws shall be completed, the Territorial treas- urer is hereby authorized to issue warrants for the same, payable at the treasury as in other cases. § 2. Be it further enacted, That so soon as the laws of the present session may be completed by the printer, he shall immediately forward thirty copies of the laws to the clerk's office of the several counties, and the said laws shall be distributed by the several clerks to the civil officers of the county; the residue of the laws shall by the printer be delivered in the secretary's office, for the Territory. § 3. And he it further enacted, That the secretaiy of the Territory shall deliver the enrolled bills passed at the present session to James Noble and Ezra Ferris, tak- ing their receipt for the same ; and the said James Noble and Ezra Ferris shall deliver the same to Jacob Rhoads, taking his receipt for the same; and the said printer shall, after the printing is completed, and at the time he deposits the laws agreeably to this act, in the office of the secretary, return the enrolled bills. § 4. And he it further enacted, That should any of the members of the Legislature at the present session, or the clerks, pay the amount of their claims against the Territory into the Territorial Treasury for any of the sheriffs of the Territory or counties, it shall be lawful for the treasurer to receive the same, and give such sher- iff a credit in his books, stating the amount and from Sums to be paid to sun- dry persons 72 whom received, and for what services; and then give a quietus to the sheriffs for the amount, embracing therein the name of the person paying as aforesaid, any law to the contrary notwithstanding. § 5. And he it further enacted. That there be allowed to Elizabeth Spencer, for house rent, &c. ten dollars; to Davis Floyd, for stationary and postage, thirteen dollars eighteen and one half cents ; to Thorn and Posey, sixteen TERRITORIAL LAWS, 1815 655 dollars and thirty-three and one third cents for station- ary ; to Henry Batman, six dollars for fire wood ; to John D. Hay, for Territorial warrants consumed by fire, forty dollars; to William Branham, for candles, &c. three dol- lars; and the Territorial treasurer is hereby required to issue to the persons above named the several sums they are so allowed by this law. When to be This act to take effect from and after its passage. in force. 000000000000000000000 CHAPTER XXI. AN ACT to dissolve the marriage of John Daniels with Mary Daniels his wife, formerly Mary Burge, and for other purposes. Approved December 26, 1815. § 1. Be it enacted by the Legislative Council, and House of Representatives, and it is hereby enacted by the authority of the same. That John Daniels and Mary Daniels (formerly Mary Burge) shall be, and they are hereby divorced from the banns of matrimony contracted between them, as fully 73 and completely as if the same had never been married; and that the marriage of the said John Daniels to the woman with whom he now lives, be, and the same is hereby legalized to all intents and purposes. 000000000000000000000 CHAPTER XXII. AN ACT for the relief of Daniel French. Approved December 26, 1815. Whereas it is represented to this Legislature that a Preamble, certain Robert Maffit, from the state of Pennsylvania, came to the house of said French, without money or ii Judges of Harrison co to make an allowance. 656 INDIANA HISTORICAL COLLECTIONS property, and was taken with the decay, and lay near three months helpless, before he departed this life; and whereas said French was at considerable expense in bury- ing said Maffit, and attending on him before his death, and said French receiving no compensation for his trouble : For the remedy whereof, 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 associate judges of the county of Harrison, when sitting for county purposes, are hereby authorized to make said French such allowance as they may think just and reasonable, out of any money in the county treasury not otherwise appropriated. K Judges of Clark coun- ty to order payment. 74 CHAPTER XXin. AN ACT for the relief of Martin Huckleberry, Coroner of Clark County. Approved December 26, 1815. 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 judges of the county court of Clark county, be, and they are hereby authorized to pay and allow the coroner of said county such compensation as a sheriff is allowed for like sei-vices, for his trouble in summoning the judges, and subpoenaing witnesses, in a contested election in said county, in August, one thou- sand eight hundred and fourteen, to be paid out of the county treasury, out of any monies not otherwise appro- priated. This act to take effect from and after the passage. 000000000000000000000 CHAPTER XXIV. AN ACT to amend the act entitled "An act to incorporate the Borough of Vincennes." TERRITORIAL LAWS, 1815 657 Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That to enable the trustees of the borough of Vincennes to carry completely into effect the act to which this is an amendment, the said trustees of the borough of Vincennes, shall be, and they are here- by au- 75 thorized and empowered to impose a tax annually on town Trustees lots in said borough not exceeding one half per cent, on their duty, the value thereof, taking into consideration the improve- ments thereon, and to appoint one or more assessors and collectors, to assess and collect the same; which tax so levied and imposed, shall be proportionate, and shall be by the said assessors assessed, and by the said collector collected and paid over in such manner, and under such rules and regulations, fines and penalties, as the said trus- tees by their by-laws and ordinances may direct, and all taxes so collected, and fines which shall accrue and be collected by virtue of this act, shall be by said trustees appropriated to discharge the expense of building the market house, built by order of the said trustees in said borough, and such other expenses as may have accrued, or shall hereafter accrue by virtue of this act, or the act to which this is an amendment. § 2. Be it further enacted. That the trustees shall allow the assessors and collectors, by them appointed by virtue of this act, for assessing and collecting such sum or sums, per cent or per centage, as they by their laws and ordinances may provide, and all fines and penalties accruing by virtue of this act, shall be prosecuted for, collected and paid over, agreeably to such provisions as the said trustees by their by-laws and ordinances shall provide : Provided always, That the expense of assessing Proviso. Taxes and fines, how to be appro- priated. Assessors & collectors how paid. 43—49011 658 INDIANA HISTORICAL COLLECTIONS Lots to be surveyed & recorded. May be sold for taxes. Proviso. 76 and collecting the said tax shall not exceed ten per cent. § 3. Be it fiirther enacted, That the said trustees shall procure by survey or otherwise, a plot of the town of Vincennes, number the lots on said plot, and cause the same to be recorded, by the records kept by the said trustees, and also with the recorder of the county of Knox, and shall file said plot, or a true copy thereof with the clerk of the circuit court of said county, to be by him preserved, and in case any owner or owners of any lot or lots, or part of lots of ground in said borough, shall neglect or refuse to pay the tax due thereon to the said borough, the collector of tax for the time being shall ex- pose the same at public sale at the court house door, or some other public place in said borough, or so much thereof as will bring the tax due thereon, to be laid off in form of a square or parallelogram, to be designated at the time of sale by the collector, and also in the deed he may give for the same: Provided nevertheless, That before any lot or lots, or part of lots shall be offered for sale, the collector shall advertise the same for sale in some public newspaper, printed in said borough, or some other paper printed in the Territory, at least for several times, and the last insertion shall be at least three weeks prior to such sale; and it shall be the duty of the col- lector in such advertisement to insert the number of the lot or Collector to give a deed, &c. 77 lots, and the name of the proprietor, if the proprietor's name be known. § 4. Be it further enacted, That the collector of said tax when he shall sell any lot or lots, or part of lots for the tax due thereon, to give the purchaser a deed therefor, in the same manner and form as is prescribed by the act to authorize the collectors of taxes to make § 3, 1. 2, 1. 3, and 1. 6. In the enrolled act the word "plat" is used instead of "plot." — Ed. TERRITORIAL LAWS, 1815 659 deeds in certain cases, and the same deed shall be subject to the same rules and regulations as is prescribed by the said act; and the proprietor and proprietors of any lor or lots, or parts of lots, sold as aforesaid for the non pay- ment of said borough tax, shall have the same time to redeem the same, under the same rules and regulations that lands or town lots may be redeemed, when sold for the non payment of Territorial or county taxes ; and the said collector shall make out duplicate returns of the lots sold, stating therein the number of the lots, the proprie- tors' names if known, and the name of the purchaser, and the time of sale, and return one to the clerk of the court of the county, and the other to the board of trus- tees, to be by them preserved. § 5. Be it further enacted, That when the trustees of said borough shall choose any other person chairman of said board of trustees than one of the trustees of said borough, such chairman shall have no vote on the pas- sage of any by-law, rule, regulation, or ordinance for the government of said borough. Redeema- ble as when sold for oth- er taxes. Chairman not a trus- tee to have no vote. 78 § 6. Be it further enacted, That at the next and any Trustees- succeeding election for trustees in the said borough of where to be Vincennes, three of the said trustees shall be elected from chosen, that part of the said borough which lies north-east of the street running from the river Wabash to the com- mons between the lots of the heirs of Henry Vanderburgh, deceased and the lots of Antoin Marreshal, and three of the said trustees from that part of the said borough lying between the aforesaid street and the street running from the river Wabash to the commons past the church, and the remaining three trustees from that part of the said borough which lies between the last mentioned street and the south western boundary of the said borough. § 6, 1. 1. In the enrolled act the last word is "every" instead of "any." — Ed. 660 INDIANA HISTORICAL COLLECTIONS This act to take effect from and after the passage hereof. 000000000000000000000 Board of commission ers. Empower- ed to raise 3000 dollars in shares of 25 dollars. Name or style. CHAPTER XXV. AN ACT authorizing the erection of a BHdge over Hogan C7'eek, in the vicinity of Decatur, Dearhoiii County. Approved December 26, 1815. § 1. Be it enacted by the Legislative Council and House of Representatives, That Robert Wright, Thomas P. Metcalf, Caleb Hayes, Joseph E. Milburn, and Jesse L. Holman, or any three of them, are appointed a board of commissioners, and authorized to raise a sum of money not exceeding 79 three thousand dollars, in shares of twenty-five dollars each, for the purpose of erecting a Bridge over Hogan creek, near its junction with the Ohio river, and for that purpose may open, or cause to be opened, books for sub- scription, in such time, place and manner, as they may appoint, and so soon as forty such shares are subscribed for, the persons aforesaid, together with the sharehold- ers of stock in said company, their successors, assignees, or representatives, be, and they are hereby declared a body politic and corporate, by the name and style of The Decatur Bridge Company; and by that name may sue and be sued, plead and be impleaded, and do and suffer all acts, matters and things, which a body corporate may do and suffer, and may have a common seal, and the same may alter at pleasure, and may make by-laws for the regulation of said company, and for carrying into effect the object of their institution, provided such by- laws are not repugnant to the laws of the United States, and this Territory. § 2. Be it further enacted, That so soon as forty of said shares are subscribed for, the commissioners afore- TERRITORIAL LAWS, 1815 661 said shall appoint a meeting of the stockholders in the town of Decatur, giving public notice of the time and place of meeting, for the purpose of electing five directors, To choose and such other officers as they may deem necessary for 5 directors. performing the necessary business of said company, and said commissioners may adjourn 80 said meeting from day to day, until the holders of two thirds of the shares subscribed for are present, which said holders of two thirds of the shares actually sub- Two thirds scribed for, shall at all times be a quorum; and so soon to form a as five directors shall be elected, the power of the com- Q^o^iiJ^- missioners shall cease and be determined, and their power be vested in the persons so elected, under such regula- tions as the company shall direct, and the said commis- sioners shall account for and deliver over to the said company, all monies, books, papers, &c. in their hands appertaining to the said company ; and on each and every Time of an- first Saturday in January in every year thereafter, an nualelec- election shall be held in the town of Decatur for the elec- tion of new directors, and such other officers as the com- pany may appoint, and the officers so elected shall continue in office until their successors are elected, in which election, every share actually subscribed for, shall be entitled to one vote, which vote may be given by proxy appointed, in writing under hand and seal, and subscribed by two witnesses. § 3. Be it further enacted, That three fifths of the di- rectors, one third of the shareholders, or the holders of one third of the shares subscribed for, may at any time call a meeting of the company in Decatur, by giving pub- lic notice of the time of meeting, for at least four weeks previous thereto, and the said company when so assem- bled shall have the same power of making 81 by laws, as at their regular annual meetings. I 662 INDIANA HISTORICAL COLLECTIONS Shares ne- gotiable and transferable Shares, when paid. To be for- feit for non payment. To build a bridge. § 4. Be it further enacted, That said shares shall be negotiable and transferable, under such regulations as the company may direct, and shall be considered as personal property, and may be attached or executed to satisfy the debts of the proprietor; and the purchaser of said shares, and the representatives of shareholders, shall be entitled to all the privileges, and subject to all the regulations to which the original shareholders were entitled or subject, § 5. Be it further enacted, That the amount of said shares shall be paid by instalments of five dollars each; the first instalment shall be paid at the time of sub- scribing, and the balance at such times as the company shall appoint, provided the time be fixed at some general meeting of the company, and at least sixty days allowed between the days of payment ; and if any instalment shall not be paid on any share or shares at the time appointed, nor thirty days thereafter, the directors of said company may forfeit said share or shares for the use of the said company, and in that case all the rights of the former holder or holders thereof, shall be vested in said company, § 6. Be it further enacted, That the said company are authorized to build a bridge over Hogan creek, near its junction with the Ohio, at least fourteen feet wide, in all respects suitable for the safe passage of trav- Court to re- gulate toll. Not to es- tablish fer- ry within a mile. 82 ellers, horses, cattle and carriages of every description, and when said bridge is completed, the said company are then authorized, or their agent or agents shall be entitled to demand and receive tolls at such rate as the county courts for the county of Dearborn, for the time being shall direct, agreeably to the laws regulating fer- ries. § 7. Be it further enacted, That the court for doing the county business for Dearborn county, nor any other court, shall have power to establish any ferry across TERRITORIAL LAWS, 1815 663 Hogan creek, within one mile of the said bridge, any law or usage to the contrary notwithstanding. § 8. Be it further enacted, That in suits at law against said company, the first process shall be a summons, to Manner of be served on the president or any of the directors of the proceeding said company ; upon the service and return of which sum- j" ^"^*^ ^^ mons, the court shall proceed to trial as in other cases, and if judgment shall be rendered against said company, the court may order the usual process of execution, or a special writ to attach the money, goods, chattels, debts, shares, actions and tolls in the hands of any officer of said company, or of any other persons, and such attach- ment shall operate on tolls, hereafter to be received, which may be collected by a person specially appointed by the court, for the use of the plaintiff recovering such judg- ment, until such judgment shall be satisfied, and the court may make such further order for enforcing the pay- 83 ment of such judgment, as may be consistent with the practice and powers of such court of law or equity; and if after execution shall have issued, and the same is not replevined, or if after execution shall issue on a replevin bond, and no property of the company shall be found to satisfy the execution, in either of the last named in- stances, and the said execution shall remain unsatisfied for six months thereafter, the plaintiff shall be at liberty May exe- to execute the private individual property of the president cute private and directors of said company or either of them, and pro- Property. ceed to sell the same agreeably to the laws respecting the sale of property taken in execution, until said judgments and costs are satisfied; and said president and directors, or whoever of them, shall thus satisfy said judgment and costs, shall have liberty to retain in his, her or their hands § 8, 1. 9. In the enrolled act the first word is "choses" instead of "shares." — Ed. P. 83, 1. 4. In the enrolled act the first word is "replevied" in- stead of "replevined." — Ed. i 664 INDIANA HISTORICAL COLLECTIONS the tolls of said company, thereafter to be received until How satis- he, she or they are repaid the said execution, cost, and fied. legal interest thereon, until the same is discharged, and that the shares in said company, shall be deemed per- sonal, and not real property, and transferable in such manner as the company shall direct, and the shares held by any individual, shall be liable to be attached, or taken by fieri facias, to satisfy the debts due from such indi- vidual, as other personal property may be. § 9. Be it further eyiacted, That it shall be the duty of said company to keep up in some convenient place on the said bridge. Rates of toll to be posted on the bridge. Proviso. Penalty for pulling down list. To keep the bridge in re pair. 84 where the toll is collected, a printed or written list of the rates or toll allowed by the said court, and for every day the same shall be neglected after reasonable time to have the same printed, they shall forfeit and pay twenty dol- lars, to be recovered before a justice of the peace, by any person who shall sue for the same: Provided neverthe- less, That the said company shall be at liberty to plead any matter in excuse or justication, to be judged of by said justice. § 10. Be it further enacted, That if any person or per- sons, other than the said company or their agents, shall pull down, deface, alter or destroy the said printed list of rates, he, she or they so offending, shall upon convic- tion before a justice of the peace, forfeit and pay twenty dollars, one half to the use of the informer, and the other half to the use of said company. § 11. Be it further enacted. That it shall be the duty of said corporation, as long as they shall be entitled to receive toll at the said bridge, to keep the same in good repair, and if in neglect of their said duty, the said cor- poration shall at any time suffer the said bridge to be out of repair, so as to be unsafe or inconvenient for pas- sengers, the said corporation shall on conviction thereof, by action of debt, before any court of competent juris- TERRITORIAL LAWS, 1815 665 diction, forfeit and pay a penalty of fifty dollars, at the Penalty for discretion of the court, and the cost of prosecution, one neglect, half to the use of the informer, and the other half to the use of the coun- 85 ty, and shall moreover be liable, to the action of the party grieved thereby. § 12. Be it further enacted, That the toll taken at said bridge shall be received by the said corporation, for and during the term of ninety-nine years, to commence on the day when the said bridge shall be opened for pas- sengers; after which time the said bridge shall be the property of Dearborn county, and the said corporation shall be dissolved, provided the said corporation shall at all times have power to dissolve itself, and thereby vest the property of said bridge in said county of Dearborn: Provided hoivever, the said corporation shall never be dissolved until they have paid all their debts: Provided also, That the county of Dearborn shall have the privi- lege of purchasing the bridge with all its appurtenances, at a price not exceeding twenty-five per cent, on the origi- nal shares, after the expiration of thirty years. § 13. Be it further enacted, That the said corporation shall have no power to issue bills of credit, payable to bearer, or in any other way enter into any banking pol- icy whatever. § 14. Be it further enacted. That if any tollkeeper, appointed by said company to receive the tolls of said bridge, shall demand and receive from any passenger any higher or greater sum than shall be allowed by the court establishing the rates and tolls of said bridge, for cross- ing said bridge with any articles of property, for which he is Company to continue 99 years. Proviso. Proviso. Not to issue bills of cred it. 86 bound to pay a toll, or shall demand and receive any toll from any person for any property, which may be lawfully 666 INDIANA HISTORICAL COLLECTIONS Penalty for taking ille- gal toll. Proviso. Proviso. carried over said bridge without toll, he, she or they so offending, shall for every such offence, be fined in a sum not exceeding ten dollars, to be recovered before any jus- tice of the peace, or by information, or by indictment, before any court to be held in said county, with costs of prosecution, one half for the use of the prosecutor, and the other half for the use of the county: Provided, That nothing in this act contained, shall be so construed as to authorize said company, or any person in their behalf, to ask, demand, or receive any toll for any persons pass- ing said bridge, until this act shall have been published in three several newspapers in this Territory, or some other newspaper in Cincinnati, three times, at the proper cost and charge of said company. Provided also, This act shall not be construed so as to authorize the erection of said bridge, unless the company aforesaid shall have pre- viously obtained the right of soil whereon they intend to erect said bridge. 000000000000000000000 CHAPTER XXVL AN ACT for the Regulation of the Town of Salisbury. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, 87 Trustees. That John Sutherland, George Hunt, David Harmin, John C. Kibby and David F. Sacket, be, and the same are hereby appointed Trustees of the town of Salisbury, who shall hold their offices until the first day of January, 1817, at which time it shall and may be lawful, and on Time of the first day of January annually thereafter, for the free election. male citizens, residents of the town of Salisbury, above the age of twenty-one years, (free negroes, mulattoes and Indians excepted,) who have resided in said town for TERRITORIAL LAWS, 1815 667 the space of six months, and all other persons owning freehold estate in said town, and are residents, to elect and choose five trustees, who shall be freeholders, resi- dent in said town; which election shall be conducted by one of the late or then acting trustees, to be appointed by the board of trustees for that purpose ; ten days' pre- To give no- vious notice thereof shall be given by advertising the tice, &c. same in three at least of the most public places in said town, which advertising shall be done by the chairman of the late or then acting trustees, and the return of the persons so elected shall be made to the clerk of said board, which shall be recorded in their books. § 2. That vacancies occasioned by death, resignation or otherwise, shall be supplied by elections to be made Vacancies, in the manner herein before directed, on a day to be ap- how filled, pointed by the remaining trustees, and return thereof made in manner herein before directed. § 3. The trustees shall have power to impose taxes on May levy the citizens of said town, who shall be entitled to vote for taxes, trustees, and that the said taxes shall be apportioned agreeably to the property held by each citizen within said town; and any citizen of said town who has no visible property in said town, shall be taxed in any sum not exceeding sixty-two and one half cents; and all lots and other property in said town, held by non residents, or others residing out of said town, shall be taxed agree- ably to the value of said property, in proportion as the citizens of said town are taxed. § 4. That the trustees of said town shall have power to appoint a person to take in a list of the persons and Appoint a taxable property in said town, and that the person or lister, persons so appointed, shall at such time as the trustees may direct, proceed to take in and list in a book, the list of the persons taxable, and the taxable property, and re- turn the same to the chairman of the trustees; and the several lists of taxable property shall be given in by each 668 INDIANA HISTORICAL COLLECTIONS Repair the streets and alleys. citizen upon oath, which oath the said person so ap- pointed to take in the same, shall have power and author- ity to administer. § 5. And be it further enacted, That the said trustees shall have power and authority to regulate and repair the streets and alleys of said town, to remove nuisances and obstructions therein, and also to remove obstructions and nuisances therein at the 89 expense of the person or persons who occasioned them, provided the person or persons will not remove them on receiving notice from the trustees aforesaid; and when such person or persons fail after having notice given them to remove such nuisances or obstructions, the trustees shall on failure thereof, immediately have it done; and when done, the trustees of said town may proceed by warrant before some justice of the peace of the town or county, for the recovery of such sum or sums of money as may accrue in the removal of such nuisances or ob- structions in said town. § 6. And be it further enacted, That the trustees of To appoint said town shall have power and authority to make pro- a collector. vision for the collecting and accounting for the taxes they are empowered by this act to levy, by appointing a col- lector, and directing distress for delinquencies, and to make such rules and regulations not contrary to the laws and ordinance for the government of the Territory and constitution of the United States, as shall by a majority of them be thought necessary for the police of said town, and affix a penalty for the breach of any by-law commit- ted by any person or persons, not exceeding ten dollars, to be recovered at the suit of the trustees, before any justice of the peace in said town or county by action of debt, in the same manner that sums of like amount are now recoverable by law, together with costs of suit : Pro- M TERRITORIAL LAWS, 1815 669 90 vided always, That before any by-law, enacted by the Proviso, trustees of said town, shall have any operation, it shall be advertised for two weeks successively in the most pub- lic places in said town. § 7. That immediately after the close of every annual election of trustees, directed by this act, the powers of their predecessors shall cease ; and the trustees so elected, shall be put in possession of the property, money, papers and records, which the trustees, whom they succeeded had possession of. § 8. And be it further enacted, That the collector to be appointed by the trustees as aforesaid, do enter into Collector to bond with such security as may be approved of by said give bond, trustees, with a penalty in double the sum to be collected by him, payable to the said trustees, and their successors in office, and with a condition for the faithful execution of his office ; and that the collector shall have such pow- ers to collect as may be given by the trustees, and have an allowance for collecting six per cent, and provided said collector does not make his collections, or pay over the same when collected, agreeably to the provisions of this act, on ten days' previous notice being given, a judg- ment may be recovered against said collector by the trus- tees, in any circuit court for Wayne county for the full amount put into his hands to collect, and award execu- tion thereupon. 91 § 9. And be it further enacted, That the trustees of said town shall have free power and authority to enact Trustees by-laws to prevent shooting at a mark, or for sport, run- °^^y make ning or racing horses, within such parts of the streets, ''y"^^^^- alleys, inlots, or within any part of the public square in said town, as the trustees may designate. § 9, 1. 2. In the enrolled act the word between "have" and "power" is "full" instead of "free."— Ed. 670 INDIANA HISTORICAL COLLECTIONS May erect a market house. Proviso. § 10. Be it further enacted, That in all cases where a judgment shall be recovered by the provisions of this act, against a collector, in the circuit court for the county of Wayne, judgment shall be given for costs, with an at- torney's docket fee, should one be employed by the trus- tees, together with eight per cent, in damages. § 11. Be it further enacted, That the said trustees and their successors, or a majority of them, shall have power to erect a market house in said town, on the public square, so soon as the population of said town shall be able to bear the expense, or three-fourths of the citizens of said town entitled to vote for trustees, shall signify it fairly by petition to the then acting trustees. § 12. And he it further enacted, That all taxes and monies collected under the by-laws and the authority of this act, shall be applied towards the opening, repairing and improving the streets and alleys in said town, and the building of a market house, in the time and man- ner directed by this act, in the town aforesaid : Provided nevertheless, That whenever it may be found 92 Taxes may convenient, that the citizens, or part of them, may work be parti out their tax so assessed, by improving, repairing or paidinwor clearing out the streets or alleys, as may be directed Proviso. by the trustees of said town : Provided also. That such compensation as the said trustees may allow their clerk, and the person appointed to take in the list of taxable property, shall be deducted out of the monies collected under the authority of this act. When to be This act to take effect from and after the first day of in force. March next. 000000000000000000000 CHAPTER XXVn. AN ACT supplementary to the act entitled "An act au- thorizing the erection of a Bridge over Tanner's creek, in the vicinity of Lawrenceburgh." TERRITORIAL LAWS, 1815 671 Approved December 26, 1815. § 1. Be it enacted by the Legislative Council and House of Representatives, That from and after the date Company hereof, a further time of four months shall be allowed allowed 4 to the Lawrenceburgh Bridge Company, to open books "^o^^^^s. and raise subscriptions for building said bridge over Tan- ner's creek, and if such books shall be opened, and twenty shares subscribed for, as aforesaid, then said company shall proceed in all respects, as if the same had been done before the first of January, 1815. 93 § 2. Be it further enacted, That David Guard is hereby appointed to fill the vacancy of Elijah Sparks, deceased. § 3. Be it further enacted. That said company may May build erect said bridge at any place a majority of the share- the bridge holders may think proper, over said creek, provided they where most procure the right of soil on both sides of the creek; and s^^^^'^^^- if said company should go on to erect said bridge, so as to complete the same in two years from the date hereof, no other bridge shall be authorized to be built over said creek, nor any ferry established than at the place al- ready established, within one mile of said bridge, any law to the contrary notwithstanding. 000000000000000000000 CHAPTER XXVIII. AN ACT for the incorporation of the town of Lawrence- burgh, Dearborn County, Indiana Territory. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That it shall be lawful for each Who are free white male person, twenty-one years old and up- qualified to wards, residing in the town of Lawrenceburgh, Dearborn ^°*®- county, Indiana Territory, and owning one or more lots 672 INDIANA HISTORICAL COLLECTIONS therein, or freehold property to the amount of one hun- dred dollars, to meet on the first Monday of April next, at some suitable place 94 Time of e- in said town, and on the first Monday of April annually, lection. and when met, a majority of the freemen of the town aforesaid being present, shall determine by a majority of the votes present, whether it be expedient to enter into a town corporation : If it be deemed inexpedient, they shall not meet again for that purpose, until the next annual meeting of said town ; but if it be deemed expedient, they shall proceed to elect a president and recorder for said town, who shall hold their offices one year, and until their successors are elected and qualified ; and the president, re- corder and freemen of said town, shall from that time forward be considered in law and in equity, as a body politic and corporate to all intents and purposes, to be Name and known and designated by the name and style of The style. President, Recorder, and Freemen of the Town of Law- renceburgh. The president's duty shall be to attend and preside at all town meetings, and preserve order ; and the recorder's duty shall be to attend all town meetings, keep a record of their proceedings, and take care of their books and other papers. Powers of §2. Be it further CTiactcd, That the president, ra- the presi- corder and freemen of the town of Lawrenceburgh, shall dent, &c. have full power and authority, when organized as afore- said, to adjourn to some suitable place, and at such time as they may think proper, for the purpose of making regulations and by-laws for the police of said town, and to carry To appoint a Marshal. — his duty. 95 the same into effect, they shall have power to appoint a marshal, who together with the president shall have the same power and authority in all matters and things touch- TERRITORIAL LAWS, 1815 673 ing the police of said town, and for all violations of the rules and by-laws, established for the government there- of, to issue and serve process, to proceed to trial, judg- ment and execution, and to assess, levy and collect taxes, fines, forfeitures, and penalties, and in the same manner, under the same rules, regulations and restrictions, that Sheriffs, Constables and Justices of the peace in their proper counties, may or can do. § 3. Be it fu7^ther enacted, That the President, Re- corder and Freemen aforesaid, or a majority of them. President who may have assembled at any regular meeting, shall recorder & have power to levy taxes on all the property lying in said freemen to town, for the improvement of the streets and alleys ^^y^^'^®^- thereof, and for such other purposes as they may think proper, and to order the same collected by the Marshal in the same manner as county taxes are collected by the Sheriff. Provided however, no nonresident shall be taxed Proviso, more for his property, according to its value than resi- dents; but the improvements made on a lot, shall be valued and taxed separate from the lot. § 4. Be it further enacted. That the President re- corder and freemen aforesaid, shall have full power to To appoint appoint all such officers as they may think necessary, pre- officers. 96 scribe their duties, fix their compensation, and do and transact all business that to them may appear necessary, for the improvement and benefit of the town aforesaid. Provided, such rules and regulations shall not be repug- nant to the Constitution and laws of the United States and this their territory. § 5, Be it further enacted. That all the Streets, Alleys, and Commons, laid down on the plat of said town, as also of all additions that have or may be made thereto, shall be the property of the said President, recorder and free- men, to be held by them for the use and benefit of said town, and shall never be disposed of so as to become pri- vate property, unless by common consent, it may be Streets & alleys may be vacated by common consent. 674 INDIANA HISTORICAL COLLECTIONS thought best to vacate any street or alley, in which case, such street or alley may be sold for the benefit of said town. 000000000000000000000 Trustees named. Trustees their juris- diction. May re- ceive gifts of money or other pro- eerty. CHAPTER XXIX. AN ACT for the Regulation of the Town of Vevay. Approved December 26, 1815. § 1. BE it enacted by the Legislative Council and Hou^e of Representatives, and it is hereby enacted by the authority of the same, That John Francis Dufour, Thomas Gilleland, Benjamin Norton, Walter Clark, and Thomas Armstrong, and their successors in office, duly elected, or appointed in manner hereinafter directed, be and they are 97 hereby made, declared and constituted a body corporate and politic, in law and in fact, to have continuance for- ever, by the name, style and title of the trustees of the Town of Vevay, and by such corporate name, style and title, shall be forever able and capable in law and equity to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any court or courts, or other places, or before any Judge or Judges, Justice or Justices, or other person whatsoever within this Territory, or elsewhere; in all & in all manner of suits, actions, complaints, pleas, causes, matters and de- mands of whatsoever kind or nature they may be, in as full and effectual a manner as any other person or per- sons, bodies corporate or politic, may or can do. § 2. Be it further enacted. That the said corporation may take and receive any real property, sum, or sums of money, goods and chattels, or other effects of what kind soever, which shall or may be given, granted or be- queathed by any person or persons, bodies politic or cor- porate, capable of making such gift, grant or bequest. TERRITORIAL LAWS, 1815 675 § 3. Be it further enacted, That on the last Saturday in December 1816, and on the last Saturday in December Election of every year thereafter, an election shall be holden in for trustees some convenient place in said town of Vevay, to elect five ^° ^® ^^^^ trustees for the ensuing year, one of whom shall reside ^"^"^ y- above ferry street, one between ferry and liberty N 98 streets, one between liberty and main cross streets, one between main cross street and union streets, and one be- low union street; a majority of whom shall form a quorum, with full power to transact all kind of business authorised by this act, and it is hereby made the duty of the sheriff of Switzerland county, or in his absence or Sheriff or sickness, the Coroner, to advertise in at least three of the Coroner to most public places within the bounds of said corporation, ^^i'^f ^^^^e e- (at least twenty days previous thereto,) the time and trustees place of holding such election, and to superintend the same, appointing a Clerk to his assistance, and within three days after said election, to serve at least three of the persons so elected with a certified copy of the result of said election, which result of said election, shall be by said trustees placed on their record. § 4. Be it further enacted, That all the free white male inhabitants, who shall be twenty-one years of age or up- Qualifica- wards, residing within the bounds of the corporation of tionsof vo- said town, and who shall have resided therein for six ^^^' months previous to said election, shall be allowed to vote at the said annual election for trustees of the town of Vevay. § 5. Be it further enacted, That the voters when vot- ing at the election aforesaid, shall address themselves to To vote the sheriff or coroner, and speak in an audible voice the ^^^® ^°*^®' names of the persons whom they vote for, which vote shall immediately be wrote 676 INDIANA HISTORICAL COLLECTIONS Sheriff or Coroner to close the polls &c. Who elig- ale as trus- tee. Vacancies how filled. Trustees to hold sta- ted meet- ings. To appoint a Clerk. 99 down by the Clerk of said election, and at the close of the polls, which shall be at four of the clock in the after- noon, the sheriff or coroner aforesaid, shall proclaim the five persons having the greatest number of votes duly elected. § 6. Be it further enacted, That no person shall be eli- gible as a trustee, or capable of holding the office of trus- tee, who shall not have been a resident of said town for at least one year previous to said election, and who shall not have property within the bounds of said corporation to the amount of five hundred dollars subject to taxation for the use of said corporation. § 7. Be it further enacted, That vacancies occasioned by removal, death, resignation or otherwise, between two annual elections, shall be supplied by the remaining trus- tees. § 8. Be it further enacted, That the trustees of the town of Vevay, or a majority of them, shall hold stated meetings on on the first Fridays in January, April, July, and October, to transact the business of the corporation ; and that special meetings may be called by the Chairman at the request of any two trustees, and at their first meet- ing after their appointment or election, shall previous to entering on any other business appoint some suitable person as clerk to their board, to serve one year, who shall give bond with sufficient security for the faithful performance of his duty in the sum of five hundred To levy & collet taxes. 100 dollars, and they shall also appoint a Chairman from among their number. § 9. Be it further enacted, That the said trustees shall have full power to levy and collect taxes on houses and lots within the bounds of the corporation, and on all per- sons allowed to vote, at an election for trustees, who have no visible taxable property, for the use of the corpo- TERRITORIAL LAWS, 1815 677 ration ; provided, that the tax so laid on houses and lots, Proviso, shall not exceed one dollar on each hundred dollars of its value in any one year, and that every person who has no visible taxable property, shall not be taxed more than fifty cents a year; and that the said trustees shall have full power, to levy and collect moderate taxes, on such other property, as they may deem proper objects of taxa- tion, for the use of the corporation; provided however, Proviso, such other objects of taxation, are not at the same time taxed by the county or territory. § 10. Be it further enacted, That to carry into full effect the foregoing section, the said trustees shall every To appoint year appoint an assessor, who shall before he enters an assessor, upon the duty of his office, be sworn before some justice of the peace, truly and impartially to value the houses and lots within the bounds of said corporation, also to make out a list or lists of all taxable persons, and of such other taxable property which may be taxable that year, under such rules and regulations as the trustees 101 may direct, and to make return to them, at such time, and under such regulations, as they may order and direct. § 11. Be it further enacted, That the said trustees shall, after the assessor shall have made his return, every year, appoint a Collector, who shall give bond with ap- proved security in double the sum to be collected, condi- tioned for the faithful accounting with said trustees for all that may be placed in his hands for collection, and said collector shall collect said taxes in such a manner, and at such a time, and under such rules, or by-laws as said trustees shall establish, provided, such rules, or by- laws, shall have been published in some News paper printed within this territory, at least twenty days pre- vious to collecting said taxes, except in case of taxes on public shows, or other exhibitions, in which cases the said trustees shall have power to collect taxes, before the exhi- bition takes place. To appoint a Collector. By-laws to be publish- ed. 678 INDIANA HISTORICAL COLLECTIONS To clear streets, al- leys, public ground &c. To build a Market House, and where. § 12. Be it further enacted, That the said trustees, shall have power to cause to be cleared out and improved in such manner as they may deem expedient, the streets and alleys of said tov^n, also to clear the commons or public ground, and embellish the same by planting trees therein, and box them so they may be preserved, and to build a Market House on the ground appropriated for that purpose, and whenever any citizen shall dig any well or wells within the streets of said town and com- pletely finish it or them, the said trustees may Ordinances and by-laws to be made in writing. To affix penalties for the breach of a- ny by-law. Not to be repugniant to the laws of the Uni- ted States. 102 and it shall be lawful for them to keep the same in re- pair. § 13. Be it further enacted, That the said trustees or a majority of them, shall have full power from time to time, and at all times hereafter to make, ordain, estab- lish, and execute such by-laws and ordinances in writing, as may be deemed useful or necessary for the good gov- ernment of said town and the inhabitants thereof, and for the regulation of the Market and of the Landing at the river shore, and the same to amend, alter or abro- gate at pleature, and to affix a penalty or penalties, or fine for the breach of any by-law committed by any per- son or persons, not exceeding twenty dollars for any one breach, to be recovered at the suit of said trustees before any justice of the peace within the county of Switzerland, by action of debt, in the same manner that the like sums are now recoverable by law, together with costs of suit; and that they shall have full power to appoint such offi- cers and servants as they may deem necessary to carry those by-laws into full execution; Provided, that no by- law shall be in force until it shall have been published in at least three of the most public places of said town, for ten days successively; Provided also, that no by-law or act of the trustees aforesaid, shall in any wise be re- pugnant to the Constitution of the United States, or the Ordinance and laws for the government of this Territory. TERRITORIAL LAWS, 1815 679 103 § 14. Be it further enacted, That the bounds of the Corporation of the town of Vevay, be what is now com- Bounds of prised within the platt of the In-Lots of said town, and the Corpo- what ground Hes between said lots and the river Ohio, ^^^<^"- and whenever any addition of in-lots shall be laid off ad- joining to the present in-lots, such addition of lots thus laid out, shall form a part of the corporation, and have the same privileges and be subject to the same regula- tions as the original corporation, § 15. Be it further enacted, That for such services as To make are to be rendered by virtue of this act, the trustees shall a reasona- allow reasonable compensation, to the different officers, bleallow^ for such services by them rendered. This act to take effect from and after its passage. 000000000000000000000 CHAPTER XXX. AN ACT to incorporate the Trustees of the Seminary of Vevay. Approved December 26, 1815. 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the au- thority of the same, That James Rouse, John Dumont, Trustees. Philo Averil, Elisha Golay and Daniel Dufour, and their successors duly elected or appointed in manner herein after directed, be, and they are hereby made, declared ance to all officers. 104 and constituted, a body corporate & body politic, in law Declared and in fact, to have continuance forever, by the name, abodypo- style and title of "The Trustees of the Seminary of ^^*^^- Vevay," and by such corporate name, style, title, shall be hereafter forever able and capable in law and equity, § 1, 1. 3. In the enrolled act the first name is "Rous" instead of "Rouse."— Ed. G80 INDIANA HISTORICAL COLLECTIONS May pur- chase or re- ceive by do- nation lands tenements, &c Proviso. Proviso. to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any court or courts or other place, and before any Judge or Judges, or other persons whatsoever within this Territory, or elsewhere, in all, and all manner of suits, actions, com- plaints, pleas, causes, matters and demands, of whatso- ever kind or nature they may be, in as full and effectual a manner as any other person or persons, bodies politic or corporate may or can do. § 2. Be it further enacted, That the said Trustees or a majority of them and their successors, shall have full power and authority in their corporate capacity to pur- chase, or receive by donation, any lands, tenements, he- reditaments, monies, rents, goods and chattels, and to hold the same by the name aforesaid to them and their successors forever, and to hold or dispose of the same by sale or otherwise for the use of said Seminary : Provided, that the said corporation shall not hold more than ten thousand acres of Land at one time. Provided however, that the Legislature reserve the privilege of making such alterations, as may hereafter be found ne- 105 cessary, to insure the proper application of all monies held by said corporation. To make, § 3. Be it further enacted. That the said Trustees or have and a majority of them, shall have full power and authority use a Seal. to make, have and use, a common Seal, the same to break, To appoint alter and renew at pleasure, to appoint a Teacher or a teacher or Teachers of such branch or branches of learning, as they teachers. may think proper to have taught in said Seminary; to appoint a Chairman from their own body, to supply va- cancies that may happen in their body between elections : To appoint also to appoint a Clerk, and such other officers as they a Clerk. may from time to time deem expedient, to assign their duty, fix their compensations, and remove him or them from office, and appoint others in their place, as often as they shall think fit, and to require such security for TERRITORIAL LAWS, 1815 681 the performance of their duties, and to impose such fines for neglect as they may think necessary. To make, or- To make dain, establish and execute, such by-laws & ordinances by-laws, as may be deemed useful for the government of said in- stitution, and the same to alter, amend or abrogate at pleasure. Provided, that no rule, ordinance or by-law, be made repugnant to the laws of this Territory or of the United States. § 4. Be it further enacted, That an election by ballot, for five Trustees of the Seminary of Vevay, shall be held Elections on the first Saturday of April, one thousand eight hun- to be held dred and sixteen, and on the first Sat- annually. 106 urday of April annually thereafter, at such place in the town of Vevay, and under the superintendance of such persons as the Trustees may appoint, notice thereof hav- ing been given by advertisement posted up at two of the most public places of the town of Vevay, at least ten days previous to the election, or by advertisement in one or more public News-paper within this Territory, at least three weeks previous to said election, and every man Qualifica of the age of twenty-one years or upwards, who has tionofelec- paid one dollar, or who shall hereafter pay five dollars ^^^• for the benefit of said Seminary shall be allowed to vote, and no other at said election : Provided, that no one shall be allowed to vote by proxy; and Provided also, that Place of re no person shall be eligible as a Trustee, who does not sidenceof '^ reside in the town of Vevay or within four miles thereof, trustees, and who is not qualified to vote. § 5. Be it further enacted, That if no election should ^ be held as directed by the foregoing section, the Trus- tohoMthdr tees then in power shall hold their place for one year seats &c. longer, and until an election shall be held. § 6. Be it further enacted. That no particular tenets ^uiar tenets of religion shall be taught in said Seminary. to be taught 682 INDIANA HISTORICAL COLLECTIONS Subject to such rules & regulations as Semina § 7. Be it further enacted, That this institution shall be subject to such rules and regulations as may be here- after established by law for other Seminaries of learn- ing in ries hereaf- ter establish ed. Recognis- ing all for- mer sales, grants, &c. When in force. 107 this Territory, and shall moreover be open for the recep- tion of Students from any parts. § 8. Be it further enacted, That all the sales, grants, bargains, purchases or contracts hereafter made and con- tracted by the said trustees or any of them, by and with the consent of a majority of them in the name of "The Trustees of the Seminary of Vevay" shall be deemed lawful and valid in law and equity. This act shall take effect from and after its passage. 000000000000000000000 Trustees of the town of Centre- ville. Name and style. CHAPTER XXXI. AN ACT for the regulation of the Town of Centreville. Approved December 26, 1815. 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 following persons be, and they are hereby appointed trustees of the Town of Centreville, to continue in office until the third Saturday in Decem- ber eighteen hundred and sixteen ; Jeremiah Meek, James Jenkins, Thomas M'Cay, John Maxwell and Job Hud- dleson, a majority of whom shall form a quorum, which said Trustees, shall be a body corporate, in deed, fact, and in name, by the name and style 108 of the "Trustees of the town of Centreville," and by the same name shall have perpetual succession, and they shall, and their successors shall, at all times hereafter, by the name of "the Trustees of Centreville," shall be able and TERRITORIAL LAWS, 1815 683 capable in law, to sue and be sued, plead and be im- pleaded, in any court of justice whatever. § 2. Be it further enacted, That the holders of lots in the said Town, shall be and they are hereby authorised to elect five Trustees annually on the first Monday in December. § 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 the lots with the improvements thereon in said town, and make return to the Trustees; having previously taken an oath before some justice of the peace, truly and impartially to perform the same. § 4. Be it further enacted, That on the return of each list of taxable property, by the assessor, the trustees shall levy a tax thereon, at a rate not exceeding two percentum on the valuation of such lots, for opening the commons, and clearing and keeping in repair, the streets and al- leys, and such other improvements thereon, as may be thought necessary by the Trustees. § 5. Be it further enacted, That the Trustees shall annually, at the same time they appoint an assessor, ap- point a collec- Hold elec- tions on the 1st Mond'y in Dec'r To appoint a Clerk and Assessor. Tax not to exceed 2 per cent. To appoint a Collector. 109 tor, who before he enters on the duties of his office, give bond and security, to the Trustees or a majority of them in double the sum to be collected, for the faithful collec- tion, and accounting for the same according to law, that the said Collector shall by sale of such lots or otherwise, collect and account with the Trustees of said town, for the amount of taxes with which he shall be charged, within four months from the time of his appointment, for the collection of which, the Trustees shall allow him Collectors five per centum on the whole amount. Provided however, fees. That before the said collector shall expose to sale, any property for the taxes due thereon, he shall advertise tisesaleT/' such sale, at least three weeks in some public News-paper, lots. i 684 INDIANA HISTORICAL COLLECTIONS which may be most convenient to the town of Centreville. § 6. Be it further enacted, That on the death, re- Vacancies moval, resignation or refusal of any one of the Trus- how filled. tees, the vacancy shall be filled by the remaining balance of the Trustees, who shall appoint a successor, who shall continue in office until the next election. § 7. Be it further enacted, That any three of the Trus- tees shall be sufficient to form a board. § 8. Be it further enacted, That the said Trustees or Trustees a majority of them, shall have full power, from time to may make time, and at all times hereafter, to hold a Council within by laws. g^id town, and to make such By- 110 laws. Ordinances and Regulations in writing, not incon- sistent with the laws of the Territory, or of the United States, as to them may appear necessary for the good government of said town, and the inhabitants thereof, and the same to put in execution, revoke, alter, and make anew, as to them shall seem necessary, for the use and benefit of said town. TERRITORIAL LAWS, 1815 685 RESOLUTIONS, PASSED AT THE SECOND SESSION OF THE FIFTH GENERAL ASSEMBLY OF THE INDIANA TERRITORY. TERRITORIAL LAWS, 1815 687 JOINT RESOLUTIONS. CHAPTER I. JOINT RESOLUTIONS of the Legislative Council and House of Representatives. Approved December 18, 1815. RESOLVED by the Legislative Council and the Hov^e of Representatives of the Indiana Territory, and it is hereby Resolved by the authority of the same, That so soon as the Legislature of the state of Ohio shall pass a law declaring that whenever a public Road in the said state of Ohio, shall be laid off adjoining to, and run- ning with the line drawn from the mouth of the Great Miami river north, dividing the State of Ohio and the Indiana Territory, and that the said road in the State of Ohio, shall be twenty-five feet wide, or such width as the said Legislature may direct ; then and in that case, whenever a public road in the Indiana Territory, shall be laid off adjoining to, & running with the line drawn from the mouth of the Great Miami river north, dividing the State of Ohio and the Indiana Territory the said road in the Indiana Territory, shall be twenty-five feet in width. § 2. Be it further Resolved by the authority afore- said. That the Governor of this Territory is hereby re- quested to transmit copies of those resolutions to the Governor of the state of Ohio, and request him to lay the same before the Legislature of the state of Ohio, for their consideration. 114 CHAPTER n. A JOINT RESOLUTION for the relief of John Weaver, 688 INDIANA HISTORICAL COLLECTIONS Administrator and Eliza Sparks, AdministratHx of Elijah Sparks deceased. Approved December 18, 1815. Resolved by the Legislative Council and House of Rep- resentatives of the Indiana Territory, That Davis Floyd Treasurer of this Territory, be authorised to audit the claims of Elijah Sparks deceased, for seven months serv- ice, as circuit judge in the third circuit of said Territory; amounting to four hundred and eight dollars thirty three and one third cents to Isaac Dunn, by order of John Weaver administrator, and Eliza Sparks administratrix of the said Elijah Sparks deceased. § 2. And be it further resolved by the authority afore- said, That hereafter any officer, entitled to a salary under the laws of this Territory, and the same to be audited quarter yearly by the Territorial treasurer, and such of- ficer dies or resigns, it shall be lawful for the Terri- torial treasurer, to audit the claim of such ofl!icer, that may be justly due, either to such ofliicer, his heirs, execu- tors, or administrators. 000000000000000000000 CHAPTER III. A JOINT RESOLUTION of both Houses. Approved December 26, 1815. Whereas Colonel John Vawter has represented to this Legislature, that he has not received from the county court of Jefferson county, that justice to 115 which he is entitled, in the compensation they have allowed him for listing the taxable property of said county, for the present year. For remedy whereof, BE it resolved by the Legislative Council and House of Representatives, That Henry Ristine, Jesse Gray and TERRITORIAL LAWS, 1815 689 John Sering, of said county, be, and they are hereby ap- pointed Commissioners, to examine into the merit of the claims of the said John Vawter, against the said county of Jefferson, and they are hereby required to meet at the Court house of said county, on the second day of the term, of the next Circuit court for said county, and if they shall be persuaded, that justice has not been done to said Vawter, in the allowance made him, as aforesaid by the court, they, or a majority of them, are required to make such additional allowance to said Vawter, as to them may appear just, which additional allowance shall be paid on an order of said Commissioners, by the county treasurer, in the same manner, as other county orders are paid. 000000000000000000000 CHAPTER IV. A RESOLUTION for the relief of Dennis Pennington. Approved December 26, 1815. Whereas it has been represented to this Legislature, that Dennis Pennington, who was the undertaker for erect- ing the Court House in Corydon, in consequence of not receiving the money as contracted to be paid, has been compelled to pay a considera- 116 ble sum, in interest, &c. And whereas the circuit court for Harrison county, do not conceive, that they have any power, by any existing law, to give the said Pen- nington relief. Therefore, Be it Resolved by the Legislative Council and House of Representatives, That the associate Judges for the county of Harrison, be, and they are hereby authorised to make to said Pennington, any other and further allowance, as from a view of the whole circumstance, shall be consid- 45—49011 690 INDIANA HISTORICAL COLLECTIONS ered by them equitable and just, to be paid out of the county funds as in other cases. This Resokition to take effect from its passage. 000000000000000000000 CHAPTER V. A JOINT RESOLUTION of both Houses, authorizing the Tinistecs of the borough of VincenneSy to levy an addi- tional tax. Approved December 26, 1815. Resolved by the Legislative Council and House of Rep- resentatives, That the Trustees of the borough of Vin- cennes, shall have power and authority to levy and collect a tax for the use of the said borough, on the following objects, to wit: on each four wheeled Pleasure Carriage, not exceeding five dollars ; on each two wheeled Pleasure Carriage, not exceeding two dollars; on each Pack or Deck of Sporting Cards, not exceeding one dol- lar; on each Billiard Table, not exceeding fifteen dollars; on each Hog, Pig or Shoat, running at large in said bor- ough, not exceed- 117 ing fifty cents; on each Dog or Bitch, not exceeding one dollar; on each Ball-alley, not exceeding five dollars; on each Horse race run in said borough, not exceeding five dollars; on each Retail Store, not exceeding ten dollars, to be in proportion to the value thereof. 000000000000000000000 CHAPTER VI. A JOINT RESOLUTION of both Houses. Approved December 28, 1815. Resolved by the Legislative Council and House of Rep- resentatives, That a further allowance of ten dollars be TERRITORIAL LAWS, 1815 691 made for Candles and House rent for the present session, to Elizabeth Spencer, and that the Auditor of the Ter- ritory be authorised to audit the same, as other monies allowed by law. 000000000000000000000 CHAPTER VII. A JOINT RESOLUTION. Approved December 28, 1815. Resolved by the Legislative Council and the House of Representatives, That the Joint Resolution, respecting the printing the Acts of the Legislature, approved Sep- tember eighth, 1814, be, and the same is hereby repealed. 692 INDIANA HISTORICAL COLLECTIONS ^^ zzzzzzzzzzz* zzzzzzzzzzz^^ APPENDIX. AN ACT for the formation of a new county out of the counties of Washington and Jefferson 3 AN ACT to repeal the several laws of the Indiana Territory, authorizing the Judges of the former Courts of Common Pleas and the Judges of the Circuit Courts in term time, and the said Judges in vacation to issue writs of Certiorari 7 AN ACT to attach part of the County of Gibson to Posey County 7 AN ACT to prevent Swindling 9 AN ACT supplementary to the several acts providing for the opening and repairing Public Roads and Highways 13 AN ACT to amend the act entitled "An act establish- ing Circuit Courts." 24 AN ACT to prevent Counterfeiting and Forgery. ... 25 AN ACT regulating Elections 27 AN ACT for the regulation of the town of Lexington. 29 119 AN ACT to amend the several acts, providing for the assessment and appropriation of Fines 34 AN ACT extending the jurisdiction of Justices of the Peace 36 AN ACT for the formation of a new County, out of the Counties of Washington, Gibson and Knox. ... 57 TERRITORIAL LAWS, 1815 693 AN ACT legalizing the proceedings of the Washing- ton Circuit Court for the County of Washington. 60 AN ACT fixing the times of holding Courts in the Counties hereinafter mentioned ib. AN ACT concerning Clerks 61 AN ACT for the relief of Collectors of taxes in the counties of Franklin and Clark in this Territory. 64 AN ACT supplementary to an act to establish Fer- ries, and an act supplementary thereunto ib. AN ACT concerning Insane Persons 66 AN ACT to amend the act entitled "An act regulat- ing Grist Mills and Millers." 69 AN ACT making certain specific appropriations. ... 70 AN ACT to dissolve the marriage of John Daniels with Mary Daniels his wife, for- 120 merly Mary Burge, and for other purposes 72 AN ACT for the relief of Daniel French 73 AN ACT for the relief of Martin Huckleberry, Coro- ner of Clark County 74 AN ACT to amend the act entitled, "An act to incor- porate the borough of Vincennes." ib. AN ACT authorising the erection of a Bridge over Hogan Creek, in the vicinity of Decatur, Dearborn County 78 AN ACT for the Regulation of the Town of Salis- bury 86 AN ACT supplementary to the act entitled "An act authorizing the erection of a Bridge over Tanner's Creek, in the vicinity of Lawrenceburgh." 92 694 INDIANA HISTORICAL COLLECTIONS AN ACT for the Incorporation of the town of Law- renceburgh, Dearborn County, Indiana Territory. 93 AN ACT for the regulation of the town of Vevay. . . 96 AN ACT to incorporate the Trustees of the Semi- nary of Vevay 103 AN ACT for the regulation of the town of Centre- ville 107 121 Joint Resolutions of the Legislative Council and House of Representatives 113 A joint resolution for the relief of John Weaver, Ad- ministrator, and Eliza Sparks, Administratrix of Elijah Sparks deceased 114 A joint resolution of both Houses ib. A Resolution for the relief of Dennis Pennington. ... 115 A joint Resolution of both Houses, authorising the Trustees of the borough of Vincennes, to levy an additional Tax 116 A joint Resolution, of both Houses 116 A joint Resolution ib. Q TERRITORIAL LAWS, 1815 695 INDEX A Page. ASSISTANT JUDGES to erect public buildings, 5 Alias and pluries Capias and Summons, 48 Appointment of Referees, 49 Appropriation for printing 500 copies of the laws 70 Assessors and Collectors how paid, 75 Actions cognizable under the term Trespass, 52 B Board of Commissioners 78 to raise 3000 dollars in shares of twenty-five dollars each, 79 Bounds of the corporation of Vevay, 103 By-laws not to be repugnant to the laws of the U. S 102 c County named Jackson, 4 Commissioners to fix seat of Justice, 5, 59 when to convene, and where, ib. Courts to be held at Velonia, ib. to lay a tax on Lands, Stores, &c. collected by Sheriffs as other taxes, 13 to appoint three Commissioners, 14 to have cognizance of probate of Wills, &c 20 Commissioners, one to be designated Treasurer, ib. to give bond, 15 to meet where and when, ib. their wages, 19 Clerk of the court to notify, 22 Covmterfeiting and Forgery, 25 penalty, 26 Costs to be recovered with Damages, &c 33 County Clerks, their duty, 35 penalty for refusal or neglect, 36 Constable to testify, 39 Capias, 47 Conviction of Referees, 51 696 INDIANA HISTORICAL COLLECTIONS 123 Page. Constable to attend on day of trial, 56 Courts to erect Public Buildings, 59 when held in Orange County, 61 when in Jackson County, ih. to establish Ferries, 65 Licenses already granted to continue good, ib. to be void on sale or disposal of the Ferry, 66 to order Sheriff to summon a Jury of 12 men, 67 on verdict of insanity to appoint 3 guardians, ih. may order sale of property 68 to regulate toll, 82 not to establish ferry within one mile ih. Clerk of the Court to be indicted before Circuit Court, 62 to submit fee bills to the Court, 63 Collectors to give bond with security, 32, 90 may compel payment of Taxes, 64 allowed a further time of two months, ih. to give a Deed, &c 77 to advertise sale of Lots, 109 their Fees, 109 Chairman, not a Trustee, to have no vote, ib. Company to continue ninety nine years, 85 not to issue Bills of Credit, ib. allowed four months, 92 may build the Bridge where most suitable, 93 Certificates to be taken in lieu of taxes at par, 17 Compensation of Supervisors, 18 D Duty of Circuit Judge in the second District, 24 of Judges and Justices, 35 Dedimus to take Depositions, 54 Decatur Bridge Company to choofe five Directors, 79 two thirds to form a quorum, 80 time of annual election, ih. to build a bridge, 81 manner of proceeding in suits at law, 82 to keep the bridge in repair, 84 penalty for neglect, ib. not to issue bills of credit, 84 to continue ninety-nine years, ih. i TERRITORIAL LAWS, 1815 697 124 E Extra compensation of Judges, 24 Extra fees, 40 Exception, 36, 41 Entitled to a Jury of twelve men, 56 to a Writ of ad quod dam num, 69 Enrolled Bills, who delivered to 71 Elections for Trustees to be held annually, 97 F Fines, how appropriated, 34 to be paid on or before the first of March annually 35 Form of Oath or Affirmation, 42 Ferrymen to land persons and property from boats, &c 66 G Governor to re appoint on conviction of the Clerk, 63 I J Justices of the Peace to collect and pay in by the 1st Dec 18 to issue a Warrant on information, 26 to issue Search Warrant, 27 to have jurisdiction with Circuit Courts, 36 to notify 38 to give copy of proceedings if required, ib. to grant a re-hearing 39 may appoint a Constable, 40 extra fees, ib. to deliver transcript of judgment, 42 may issue warrant against freeholder, 43 to be tried in the same manner as Clerks of the Circuit Court, 63 If money remains in the Treasury, Sheriff not to collect the Road Tax, 19 Interrogatories to be administered to Witnesses, 55 Information against Referees, 50 Judges of Harrison County to make an allowance to Daniel French, 73 of Clark Coimty to allow the Coroner the same pay as Sheriff for summoning Jury, 74 698 INDIANA HISTORICAL COLLECTIONS L Listers, their duty, 18 Lots to be surveyed and recorded, 76 125 Page. Lots may be sold for taxes, 76 redeemable as when sold for other taxes, 77 M May pay money in lieu of labor, 21 Mode of electing in case of vacancies, 28 May confess Judgment to the amount of 100 dollars, 41 appeal to the Circuit Court, 56 build a Dam to keep the stream in the channel, 69 Members, &c paying into the Treasury, to be repaid by the Sheriffs, 71 Marshal, his duty, 95 N New County taken out of the counties of Washington and Jefferson, named Jackson, 3 Not to assign, pay, transfer or pass Notes on the Indiana Manufacturing Company's Bank, 12 New Counties attached to first Circuit, 24 Notice to Referees, 48 New County taken off Washington, Gibson and Knox; styled Orange, 57 Boundaries, ib. to enjoy equal privileges with other counties, 58 where to hold Courts 59 what District belonging to, ib. o Oath of Referees, 49 where damages are required, 53 Ordinances and By-laws to be made in writing, 102 P Permanent line of Jefferson County, 6 Part of Gibson County attached to Posey County, 7 TERRITORIAL LAWS, 1815 699 Boundaries, 8 Penalty for passing unchartered Bills of Credit 10, 11 for passing counterfeit Bank Notes, 12, 13 for Counterfeiting and Forgery, 26 Preachers to be exempt from labor on the Road, 26 Proceedings to be certified, 26 Parties may choose Referees, 37 126 Page. Parties confessing to testify, 42 Plaintiff to be qualified on demanding Capias, 43 Penal to ask or receive more than legal Toll 69 Printer to print 500 extra copies of the Road Law, 23 to distribute the Laws to the County Clerks, 71 Penalty for pulling down Rates of Toll, 84 for taking illegal Toll, 86 Power of the President, Recorder and Freemen of the Town of Lawrenceburgh, 94 to appoint a Marshal, 95 to levy Taxes, ib. to appoint Officers, ib. Q Qualifications of Votes, 98 R Rates of Taxation to be posted, &c 21 penalty for neglect or refusal, ib. Roads to be surveyed, 22 to be recorded, 23 Referees to be sworn or affirmed, 38 their fees, ib. Report of Referees to be final, 41 of Referees, form of, 49 Rates of Toll, to be posted on the Bridge, 84 penalty for pulling down or defacing, ib. Repair Streets and Alleys, 88 Recognizing all former sales, grants, &c 107 s Sheriffs to give bail, 14 Supervisors, their duty, 15 700 INDIANA HISTORICAL COLLECTIONS penalty for neglect, 16 to transmit a statement of monies to County Clerk,. ... 21 Summons, form of, 47, 53 for Referees, 50 Supersedeas, form of 53 Suits, &c. in Law, to be suspended, 68 to proceed against Guardians, ib. Sums to be paid to Sundry persons, 72 127 Page. Shares negotiable and transferable, 81 when paid, ib. to be forfeited for non payment, ib. Streets and Alleys to be vacated by common consent, 96 Sheriff or Coroner to advertise election for Trustees, 98 to close the polls, &c 99 Seminary of Vevay, no particular tenets to be taught in, 106 subject to such rules and regulations as seminaries here- after established, ib. T To work not more than four days, 16 Ten days' notice to be given, 17 Township Treasurer's Fees, 19 Treasurers' and Commissioners' to hold their offices one year, and to keep books of record, 20 to be Clerk to the Commissioners, t6. Trustees of the town of Lexington, 29 how chosen, ib. Vacancies, how supplied, 30 to levy Taxes ib. to appoint a Lister, ib. to repair Streets and Alleys, 31 to appoint a Collector, ib. to make By-Laws, 33 to erect a Market House, ib. of the Borough of Vincennes, their duty, 75 where to be chosen, 78 of the town of Salisbury, 87 time of election, ib. to give notice, ib. Vacancies, how filled, ib to levy Taxes 88 TERRITORIAL LAWS, 1815 701 to appoint a Lister, ib. to repair Streets and Alleys, ib. to appoint a Collector, 89 to make By-Laws, 91 to erect a Market House, ib. of the town of Vevay, 96 their jurisdiction, ib. may receive gifts of money or other property, ib. to be elected annually, ib. to hold stated meetings, 99 128 Page. Trustees of Vevay to appoint a Clerk, 99 to levy and collect Taxes, 100 to appoint an Assessor, ib. to appoint a Collector, 101 to clear Streets, Alleys, Public Ground, &c ib. to build a Market House, ib. to affix penalties for the breach of any by law, 102 to make a reasonable allowance to all officers, 103 of the Seminary of Vevay, ib. declared a body politic, 104 may purchase or receive by donation, lands, tenements, &c. ib. to make, have and use a Seal, 105 to appoint a Teacher or Teachers, ib. to appoint a Clerk, ib. to make By Laws, ib. to hold Elections annually, ib. place of residence, 106 to hold their seats, &c ib. of the town of Centreville, 107 declared to be a body corporate, ib. when eleeted, 108 to appoint a Clerk and Assessor, ib. to levy a tax not to exceed two per cent ib. to appoint a Collector, ib. to make By Laws, 109 Ten days' notice to be given, 17 Taxes, how to be applied, 33 and Fines, how appropriated, 75 To vote vive voce, 98 w Wages for hands and teams, 17 702 INDIANA HISTORICAL COLLECTIONS What constitutes an Action for Debt, 44 for Covenant 45 for Assumpsit, ib. Warrant to lev-y a Fine, 51 Who are qualified to vote, 93 Erratum .... Page 107, line 6 fi'om top, for here- after read heretofore. APPENDIX I. Private Acts Passed by the Indiana Territorial Assemblies 1810 AND 1814 The private acts of 1810 and 1814 printed here were printed with the general acts of those sessions by title only. Transcripts have been made from the enrolled acts in the office of the Secretary of State, with the exception of the act for incorporating the Roman Catholic Church in Vincennes. The transcript of this act was made from a photostat in the Indiana State Library, taken from the enrolled act in a private collection. iin THIRD ASSEMBLY, FIRST SESSION, 1810 AN ACT for the releif of Mess""' Daniel Fetter James Hughes and Salmon Fuller Whereas it has been represented to the General Assem- bly of this Territory by sundry petitions and other documents, That by the act of the state of Virginia In- corporating the Town of Clarkesville in this Territory" the trustees thereof were authorised to dispose of the land upon which the said Town was laid off, in half acre lots at public auction or otherwise as they might think proper. And whereas the said trustees by their orders and Resolutions, did dispose of a certain part of the said Town to General William Clark in fee conditional, who transfered the same, to the aforesaid Mess". Fetter, Hughes, and Fuller, And whereas as it seems to have been the intention of the Legislature of Virginia to subject the lots and land whereon the said Town of Clarkesville was laid off to the controul and disposition of the trustees of the said Town; who for the benefit of the proprietors therein and for the interest of the public at large, did dispose on masse in the manner aforesaid, of a number of lots ; And it appearing by the memorial of the said Fetter Hughes and Fuller that their intention is to erect, for the public utility and convenience, mills and other water works on the said ground. Therefore Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same ; That the said Daniel Fetter, James Hughes and Salmon Fuller, their heirs and assigns, be and they are hereby considered and shall be taken, deemed and holden as the legal and equitable proprietors of the lots and land contained in the orders and resolutions of the said board of trustees and the deed of transfer thereof from the said William Clark; subject Nevertheless to the (705) 46—49011 706 INDIANA HISTORICAL COLLECTIONS terms and conditions upon which the same was granted by the said board of Trustees to the said William Clark. Gnk W. Johnston Speaker of the House of Representatives Ja^. Beggs President of the Legislative Council Approved November the twenty first 1810 WiLL« Henry Harrison AN ACT to legalize the marriage of William Smith Whereas it is represented to the General Assembly that in the year one thousand eight hundred and seven William Smith now of Harrison County and Indiana Territory was married to a certain Elizabeth Wood, at that time of Clark County, by a certain Leroy Smith who was supposed to be a licensed preacher of the gos- pel of the sect denominating themselves christians, but Whereas it has been represented, and is now beleived that the said Leroy Smith has been previously excommuni- cated by the sect to which he belonged and was no longer authorised to perform the functions of a minister There- fore Be it enacted by the Legislative Council and house of Representatives and it is hereby enacted by the authority of the same, that the marriage of the said William Smith and Elizabeth Wood shall be deemed and considered legal to all intents and purposes as if the same had been solemnized by a minister legally author- ised for the purpose Dennis Pennington Speker of the house representives Ja« Beggs, President of the Legislative Council Approved 4^'' December 1810 Will" Henry Harrison AN ACT incorporating the New Hope Baptist Church, on Deer Creek in the County of Dearborn. Whereas it hath been represented to the General PRIVATE LAWS, 1810 707 Assembly of this Territory, That sundry Citizens of the Tenth and Eleventh Townships in the County of Dear- born, have associated themselves together for the pur- pose of building a Church, and thereby to propogate the Gospel of our blessed Saviour Jesus Christ, and that for the better ordering and establishment of the said insti- tution on a more peiTnanent & solid foundation, they have prayed that a Charter of Incorporation may be granted to the said Church: And Whereas, religion in an emi- nent degree contributes towards the solid enjoyments of life, and inspires us with hope and consolation in the hour of death Sec: 1^^ Be it therefore enacted by the Legislative Council & House of Representatives, and it is hereby enacted by the authority of the same; That John Brown, George Harlin, & John Ewing, and their successors, duly elected & ap- pointed as is herein after directed, be and they are hereby made, constituted and declared to be a Corporation and body politic in law and in fact, to have continuance for ever, by the name, style and title of "The Trustees of the New hope Baptist Church on Deer Creek." Sec: 2'^. Be it further enacted. That the said Corpora- tion & their successors, shall forever be persons able & capable in law as well to take receive & hold all & all manner of Lands, Tenements, Rents & other hereditaments, which at any time hereafter have been granted, bargained, sold, devised or otherwise conveyed to the said Con- gregation or to any other person or persons to their use, or in trust for them; and the same lands, tenements, rents and other hereditaments are hereby vested & established in the said Cor- poration & their successors for ever, according to their original use and intention: And the said Corporation and their successors at all times hereafter, shall be able & capable to purchase, have, hold, receive and enjoy in fee simple, or 708 INDIANA HISTORICAL COLLECTIONS of any other lesser Estate or estates, any lands, tenements, rents and other hereditaments, by the gift, bargain, sale, confirmation or devise of any person, or persons, bodies politic or corporate, capable & able to make the same : And further, that the said Corporation and their successors, may take or receive any sum or sums of money, or any portion of goods or Chatties that shall be given to them by any person or persons, bodies politic or Corporate, capable of making such gift or bequest; such monies, goods & Chatties to be laid and disposed of for the use & benefit of the aforesaid congregation agree- ably to the intention of the donors. Sec : S^. Be it further enacted. That the rents, profits & interests of the said real & personal estate of the aforesaid Church & corporation, shall by the said Trustees & successors, from time to time, be applied and laid out for the maintainance & support of the Gospel Ministry in said congre- gation, for repairing & maintaining the House of public Worship, lots of land & other build- ings, burrial ground, and such pious and chari- table uses as shall be agreed upon by a majority of the congregation at large, called together on due notice to give their free vote in such case. Sec: 4*^. Be it further enacted, That the said Trustees and their successors shall not by deed or any other wise, dispose of, grant or convey any part or parcel of the Estate real or personal in the corporation vested or to be hereafter vested, or charge or incumber the same, to any person or persons whatsoever, without the consent of a majority of the said congregation first had and obtained. Sec: S**". Be it further enacted, That the said Trustees or their successors, or a majority of them, may from time to time meet for the ben i fit of the PRIVATE LAWS, 1810 709 said corporation, either on their own adjourn- ments or on notice in writing left at the house of each Trustee, or on public from the pulpit the preceeding lord's day; and being so met, be authorised and empowered to elect and appoint from among themselves a President and also to elect and appoint from among themselves or other members of said congregation, a Treasurer and Secretary, and to remove, change or con- tinue all or either of them at pleasure. Sec: 6*. Be it further enacted That the said Trustees or a majority of them, met as herein before di- rected, shall be authorised and empowered to make Rules, By-laws and Ordinances, the same to execute, revoke, annul or continue, as to them may be necessary; and to do every thing need- ful for the good government & support of the secular affairs of said congregation: Provided always, that the said By-laws and Ordinances, or any of them, be not contrary to the Laws of the United States or of this Territory ; and that all their Laws & proceedings be fairly & regu- larly entered into a Book to be kept for that purpose. Sec: 7**^. Be it further enacted, That the said Corpora- tion and their successors, by the name of "The Trustees of the New Hope Baptist Church on Deer Creek," shall be able & capable in law to sue and be sued, plead & be impleaded, answer and being answered unto in any court or courts, before any Judge or Judges, Justice or Justices in all and all manner of suits, complaints, pleas, causes, matters and demands of whatsoever na- ture, kind or form they may be; and all and every matter and thing therein to do in as full and effectual a manner as any other person or persons, body politic or corporate within this Territory may or can do. 710 INDIANA HISTORICAL COLLECTIONS Sec: S^'^. Be it further enacted, That the said Corpora- tion shall always consist of three members known by the name and style of "the Trustees of the New hope Baptist Church on Deer Creek" ; and the said members shall at all times hereafter be chosen by ballot, by a majority of such members met together of the said congre- gation as shall have been enrolled as stated wor- shipers with and yearly contributors to the support of the said church: Provided always, that the Minister of said congregation, for the time being, shall be entitled to vote equally with the members of said congregation ; and that all & every person or persons quallified to vote as aforesaid, shall and may be capable of being elected a Trustee as aforesaid. Sec: 9^^ Be it further enacted, That the said John Brown, George Harlin & John Ewing, the first and present Trustees, hereby incorporated, shall be and continue Trustees aforesaid until the Twenty-third day of November Eighteen hun- dred and Eleven, upon which day a new election shall be had and held of so many others in their stead and place, by a majority of the persons met & quallified agreeably to the true intent & meaning of this act, to vote & elect as afore- said, yearly for ever : Provided always, that the same Trustees or either of them may be re- elected at such elections, and if by any accident an election shall not be holden on said day, shall continue Trustees until an election shall be made at some future day by them to be appointed, so that the same be within one month thereafter; and provided also, that whenever any vacancy shall happen by the death, refusal to serve or other removal from ofiice of any one or more of the said Trustees, an election shall be held as soon as conveniently can be done, and some fit PRIVATE LAWS, 1810 711 person or persons chosen and appointed as be- fore directed, to supply such vacancy; and that the remaining Trustees have power to call a meeting of the electors of said congregation for that purpose. And provided always, and it is hereby enacted, that the clear yearly value of interest or income of the lands, tenements, rents or other hereditaments and real Estate of the said corporation, shall not exceed the sum of One thousand dollars exclusive of free contributions belonging to the aforesaid congregation; which land & money shall be received by the said Trus- tees and disposed of by them in the manner herein before directed. Dennis Pennington Speaker of the house of representatives jAs Beggs President of the Legislative Council Approved 7*^ December 1810 WiLLM Henry Harrison AN ACT for the releif of the heirs and Representatives of Samuel Ewing deceased. Whereas it appears to this Legislature by the petition of the heirs of Samuel Ewing deceased that it is their wish, and that it would be of ad- vantage to the said decedents estate to lay off a town on fraction twenty nine in range No. four east in township No. five north in Harrison County and Whereas some of the legal represen- tatives of the said decedant are minors and in- capable of making deeds to lots which might by the said heirs and representatives be sold and dis- posed of Sec. 1. Therefore Be it enacted by the Legislative Coun- cil and House of Representatives and it is hereby enacted by the authority of the same. That John Harbison, Thomas Ewing and John M<=Afee be 712 INDIANA HISTORICAL COLLECTIONS appointed as trustees to survey and lay off a town on the aforesaid fraction to leave as public ground streets and alleys such parts of the said town as they or a majority of them may think most beneficial to the said decedants estate — and the said trustees or a majority of them are hereby authorised to advertise for sale from time to time such part or parts of the said lots as they may think proper at a credit of twelve months, adver- tising at least thirty days before any such sale and the said trustees or a majority of them are hereby vested with all the powers to effect the perfecting of titles to the lots so sold as the said Samuel Ewing in his life time possessed, and it shall be the duty of said trustees or a majority of them to demand, and receive of the purchasers of lots aforesaid, bond with sufficient security for the payment of the price of any lot or lots so sold, payable to them or their successors in office Sec. 2. And be it further enacted when any vacancy shall happen in the aforesaid board of trustees by death resignation, or refusal to act that the remaining trustees shall be authorised to fill such vacancy by a vote of the remaining trustees Sec. 3<*. And be it further enacted that before the trus- tees aforesaid or any of them shall under the authority of this law be authorised to act, that they shall enter into bond with sufficient security to the infant orphans of the said decedant condi- tioned that they shall well and truly account for and pay to each of the said infant orphans afore- said their equal and proper parts with lawful in- terest thereon agreeably to the last will and testament of the said decedant or in case he died intestate agreeably to the laws of the land in such cases made and provided which bond shall be filed in the Clerks office of the proper County in which said town lies PRIVATE LAWS, 1810 713 Sec. 4 And be it further enacted that it shall be the duty of said trustees or a majority of them in case they shall be unwilling to pay interest on the respective parts of the said orphans then and in that case they shall and may loan the afore- said part or parts to any person who may be willing to pay interest for the same taking bond with sufficient security for the same, payable to said orphans at the time they arrive at full age or to their guardians as the case may be Dennis Pennington Speaker of the Hoiise of representatives JA«. Beggs President of the Legislative Council Approved 10*^ December 1810 WiLLM Henry Harrison AN ACT to Incorporate the Ohio Steam Boat Navigation Company Whereas Daniel D. Tompkins, Robert R. Levingston and Dewitt Clinton, together with sundry other Citizens of the state of New York have associated for the pur- pose of raising a fund to navigate the river Ohio by means of Boats to be propelled by steam upon the plan of Robert Fulton and Robert R Levingston's Patent, and have with a view to further this useful design and to divide the hazards set on foot a subscription, and have actually subscribed a considerable sum of money, upon condition that one of the States or Territories bordering on the Ohio should deem it expedient to grant support and encouragement by Incorporating the subscribers and those that may associate with them for the establishing Steam Boats on the Ohio To the end therefore That the said Daniel D. Tomp- kins, Robert R Levingston and Dewitt Clinton their present & future associates may be encouraged to proceed with the Boat they have now commenced and to carry 714 INDIANA HISTORICAL COLLECTIONS into effect their laudable undertaking, which promises greatly, to add to the convenience & advantage of the Inhabitants of the States and Territories bounding on the Ohio. § 1«<^ Be it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same: That Trustees ap- Daniel D Tompkins Dewitt Clinton, Robert R Levingston, pointed. Robert Fulton and Nicholas J. Roosevelt, and their present and future Associates, their successors and assigns, be and they are hereby erected a body Corporate and politic, by the name of the "Ohio Steam Boat navi- gation Company," and are hereby ordained constituted and declared to be, for and during the term of their opera- tion, a body Politic and Corporate, in fact and in name, and by that name, they and their successors shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defend- ing and being defended in all courts and places whatso- ever, in all manner of actions, suits, complaints, matters and causes whatsoever — And that they and their succes- sors, by the same name, and stile shall be in law capable of purchasing, holding and conveying any estate real and personal for the use of the said Corporation : Provided That the real estate so to be holden shall be such only as shall be necessary to attain the objects of this Cor- poration §2=^^ Be it further enacted That the Stock, property and concerns of the said Company shall be conducted and managed by Directors chosen, annually by the stock holders and persons authorised by the articles of sub- scription to vote, and that due notice in writing, shall be given by the agent of the Company to every of the subscribers, of the time and place of chosing the first directors And that the votes shall be taken in person or by proxy: And that if any vacancy or vacancies shall at any time happen among the Directors, by death, resig- PRIVATE LAWS, 1810 715 nation, removal or otherwise, such vacancy or vacancies shall be supplied for the remainder of the term by such person or persons, as the remainder of the Directors for the time being, or the major part of them, shall appoint. That the first Directors shall be Robert R Levingston, Robert Fulton, Dewitt Clinton and Nicholas J. Roosevelt who shall hold their office for the space of twelve months from the passage of this act § 3*^ Be it further enacted. That the Directors shall have power to appoint all such officers and agents as they shall deem necessary for carrying into effect the powers, by this act vested in the said Company § 4*^ Be it further enacted. That it shall be lawful for the said Directors to call on and demand from the stock holders respectively, all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as are mentioned in the articles to which they have subscribed under pain of forfeiture of their shares and all previous payments thereon, to the said Directors and Company § 5^^ And be it further enacted, That if any person or persons shall wilfully do or cause to be done, any act whatsoever whereby the said Boats or any of them shall be injured, molested or impeded, the person or persons so offending shall forfeit and pay to the said Company, treble the amount of the damages sustained by means of such offence or injury, to be recovered by said Company with Costs of suit, by action of Debt, in the name of this corporation, in any of the courts of this Territory or of the United States. Dennis Pennington Speaker of the House of representatives JA^ Beggs President of the Legislative Council Approved IS*'' December 1810 WiLL^ Henry Harrison 716 INDIANA HISTORICAL COLLECTIONS AN ACT for incorporating the Roman Catholic Church in Vincennes Whereas the members of the Roman Catholic Church at Vincennes and its Vicinity in the County of Knox have represented to the General Assembly of this Territory that they have been possed since time immemorial with certain lands, Houses and town lots and that they are not incorporated, and by law enabled, as a body politic and corporate to hold such donations and bequests as have been, or may from time to time be made to their society, they therefore pray that they may be vested with powers and priviledges for the attainments of the objects aforesaid — And whereas it is but Just and right and also agreeably to the true spirit of the ordinance and Constitu- tion of the united States that the prayer of the said petition be granted § 1^* Therefore Be it enacted by the Legislative Council and House of Representatives of the Indiana Territory and it it is hereby enacted by the authority of the same that Jean B*. Delorier, Toussaint Dubois, Fran- cis Racicot, Louis Delorier and Alexander Valle, and their successors duly elected and appointed in such manner and form as herein after directed be and they are hereby made and constituted a corporation and body politic, in law, and in fact, to have continuance for ever, by the name, style, and title of the Trustees of the church of saint Francis Xavier of Vincennes Sec. 2 Be it further enacted that the said corporation and their successors in office by the name style and title aforesaid, shall forever hereafter be persons able and capable in law as well to hold take and receive all and all manner of lands, tene- ments rents annuities Franchises and other her- editaments, which at any time or times hereto- fore have been granted bargained sold enfeoffed released devised, or otherwise conveyed to the said Roman Catholic Church, in Vincennes and County aforesaid or to the religious Congrega- PRIVATE LAWS, 1810 717 tions worshiping therein or to any other person or persons to their use, or in trust for them and the same lands tenements, rents annuities, Hberties franchises and other hereditaments are hereby vested and established in the said corpo- ration and their successors in office for ever according to their original use and intention, And the said corporation and their successors are hereby declared to be seised and possessed of such estate or estates therein, as in and by the respective grants bargains, sales enfeoffments, releases, devises or other conveyances thereof is or are declared, limitted or expressed as also that the said corporation and their successors in office at all times hereafter, shall be capable and able to purchase, have, receive, take hold and enjoy in fee simple, or any other less estate or estates any lands, tenements, rents, annuities, liberties, franchises and other heriditaments, by the gift, grant, bargain, sale, alienation, enfeoffment release, confirmation, or devise of any person or persons, bodies politic and corporate, capable and able to make the same : and further that the said corporation may take and receive any sum or sums of money and any manner or portion of goods and chatties that have or shall be given or bequeathed to them, by any person or persons, bodies politic and corporate, capable to make a bequest or gift thereof, such money goods and chatties to be laid out by them in a purchase or purchases of lands, tenements, messuages. Houses, rents, hereditaments, to them and their successors forever, or other wise disposed of ac- cording to the true intention of the original donors § 3*^ Be it further enacted that the rents, is- sues, profits and interest of the said real and personal estate of the said church and corpora- 718 INDIANA HISTORICAL COLLECTIONS tion, shall by the said trustees and their succes- sors in office, from time to time be applied for the maintenance and support of a paster for the said church, for and towards the relief of the poor in communion of the said church in repairing the House of public worship burial groud parsonage house or other Houses which do or hereafter may belong to the said church and corporation § 4^^ Be it further enacted that the said trus- tees and their successors in office, shall not by deed fine, or recovery or by any other ways or means grant a lien or otherwise dispose of any lands, tenements or hereditaments in them or their successors vested or to be vested nor charge or incumber the same to any person or persons whatsoever without the consent and approbation of a majority of the members of said congrega- tion first had and obtained § 5*^ Be it further enacted that the said trus- tees and their successors, or a majority of them met from time to time, after public intimation given, the preceeding lords day commonly called Sunday, from the Desk or alter of said Church immediately after divine service, before the con- gregation are dismissed or after regular notice in writing left at the House of each trustee, and the particular business inserted therein at least one week before, be authorised and impowered to make by laws and ordinances agreeably to the Rules of the Roman catholic church and do every thing needful, for the good government and sup- port of the secular affairs of said church and the same to be put into execution, revoke, alter, and make anew as to them shall appear necessary, Provided always that the said bye laws, rules and ordinances, or any of them be not repugnant, to the laws of the United States or of this Terri- tory and that all their proceedings be fairly and PRIVATE LAWS, 1810 719 regularly entered into a church Book to be kept for that purpose : and also that the said trustees and their successors by a majority of votes of any three or more of them when met as afore- said, after intimation or notice as aforesaid given, be authorised and impowered to elect & appoint from among themselves a President and also to elect from among themselves or others a Treasurer and secretary and the same President, Treasurer and secretary, or any of them at their pleasure to remove, change alter or continue as to them or a majority of any three or more of them so met from time to time as aforesaid shall seem to be most proper for the benifit of the said church and corporation ..— — — - § 6*** Be it further enacted that the said corpo- ration and their successors, shall have full power and authority, to make have and use one common seal, with such devise and inscription, as they shall think proper, and the same to break alter and renew at their pleasure § 7 Be it further enacted that the said corpora- tion and their successors in office, by the name of the Trustees of the Church of saint Francis Xavier of Vincennes ; shall be able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court or Courts, before any Judge or Judges, Justice or Justices, in all and all manner of suits, com- plaints, pleas, causes, matters, and demands of whatsoever nature, kind or form they may be and all and every matter and thing therein to do, in as full and effectual a manner as any other per- son or persons body politic or corporate, within this Territory may or can do § 8*^ Be it further enacted that the said corpo- ration, shall always consist of five members called and known by the name of the Trustees of 720 INDIANA HISTORICAL COLLECTIONS the church of saint Francis Xavier of Vincennes and the said members shall at all times hereafter be chosen by ballot, by a majority of such mem- bers met together of the said congregation, as are stated worshippers with the said church for not less than the space of one year And have paid contributions towards the support of said Church and shall not at any time of voting be more than one year in arrears for the same § 9*^ Be it further enacted that the said Jean B* Delorier, Toussaint Dubois, Francis Rasico, Louis Delorier and Alexander Valle: the first and present trustees hereby incorporated shall be and continue trustees aforesaid until they be removed in manner following that is to say, that all and every the trustees herein named and ap- pointed, shall cease and discontinue and their appointment determine on the first of November 1811 upon which day a new election shall be had and held of so many others in their stead and place by a majority of the persons met and quali- fied agreeable to the true intent and meaning of this act, to vote and elect as aforesaid yearly and every year forever, Provided always that the same trustees or either of them may be realected at such elections : and if by any accident an elec- tion shall not be held on said day shall continue trustees untill an election shall be made at some future day by them to be appointed, so that the same be within one month thereafter — Provided that all and every person or persons qualified as aforesaid to vote and elect shall and may be capa- ble and able to be elected trustees aforesaid § 10*^ Be it further enacted that when any va- cancy shall happen by the death, resignation, re- fusal to serve or removal of any one or more of the Trustees aforesaid ; pursuant to the directions of this act contained an election shall be held of PRIVATE LAWS, 1810 721 some fit person or persons in his or their stead so dying resigning refusing or removing, as soon as conveniently can be done; and the persons so elected shall be, remain and continue as a trus- tee or trustees aforesaid, so long without a new election as the person or persons in whose place and stead he or they shall have been so elected as aforesaid, would or might have continued and remained and no longer: and that in all cases of a vacancy happening by the means in this act last mentioned the remaining trustees shall be impowered to call a meeting of the electors for supplying the said vacancy, such meeting be noti- fied and published in like manner as herein be- fore directed and appointed for notifying and publishing the meeting of the Trustees § 11 Be it further enacted that the clear yearly value or income of the messuages, Houses, lands, tenements, rents, annuities or other heredita- ments and real estate of the said corporation shall not exceed the sum of three thousand dollars ex- clusive of the money arising from the annual contributions, belonging to the said church, and also exclusive of the money arising from the opening of the ground or burial which said money shall be received by the trustees and disposed of by them in the manner herein before directed. — Dennis Pennington Speaker of the House of representatives SPl^. Beggs President of the Legislative Council Approved 17*^ December 1810 WiLLM Henry Harrison AN ACT for the releif of Samuel M'Clure, William Brandy, John Curry and John Hogue, Whereas Samuel M^^Clure, William Brandy, John Curry and John Hogue entered into a recogni- 47—49011 722 INDIANA HISTORICAL COLLECTIONS zance in the sum of two hundred dollars for the appearance of David Whitinghill, before the Court of Common Pleas for the County of Knox at the July term last which said Wliitinghill ab- sconded from the Territory, and forfeited his recognizance notwithstanding the exertions of his said securities to prevent his escape and to have him forthcomeing at the said Court, wherefore they are liable under said recognizance, and a motion is now pending against them in the said County Court of Common Pleas, for releif whereof Sec. 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby en- acted by the authority of the same. That the at- torney General, be and he is hereby instructed to enter a nolle proseque on said motion, and the said Samuel M«=Clure, William Brandy, John Curry and John Hogue be and are hereby dis- charged from said Recognizance, Provided how- ever that the said securities do pay to the sev- eral officers of Court their fees and the costs that have already accrued on said recognizance. This act to take effect from and after the passage thereof Dennis Pennington Speaker of the of representatives Ja8. Beggs President of the of the Legislative Council Approved IT*** December 1810 Will" Henry Harrison AN ACT Legalizing the Sale of a Quarter Section of land sold by the board of Trustees of the Vincennes University Be it enacted By the Legislative Council & House of Representatives of the Indiana Territory and it is hereby PRIVATE LAWS, 1810 723 enacted by the authority of the same that the Quarter Section of Land which it appears that the Trustees of the Vincennes University have sold beyond the 4000 Acres which they were by Law authorised to sell be and the Same is hereby confirmed Gnl W. Johnston Speaker of the House of Representatives Jas Beggs President of the Legislative Council Approved 19^^ Dec. 1810 WiLL^ Henry Harrison FIFTH ASSEMBLY, FIRST SESSION, 1814 AN ACT for the regulation of the Town of Salem in the county of Washington. — Sec: 1. — Be it enacted by the Legislative Council & House of Representatives, and it is hereby enacted by the authority of the same, That the following persons be and they are hereby appointed trus- tees of the Town of Salem to continue in office until the first monday in January 1815, Viz: Thomas Beesley, Simeon Lamb, John De Pauw, James Ferguson and Thomas Weathers, a ma- jority of whom shall form a quorum, which said Trustees shall be a body corporate in deed, fact and in name, by the name & style of the Trus- tees of Salem, and by the same name shall have perpetual succession, and they and their suc- cessors at all times hereafter, by the name of the Trustees of Salem, shall be persons able and capable in law to sue and be sued, plead and be impleaded in any court of Justice whatever. — Sec : 2. — Be it enacted That the holders of lots in said Town being residents thereof shall be and they are hereby authorised to elect five Trustees annually on the first monday in January, That it shall be the duty of the Sheriff of the county of Washington to advertise twenty days pre- vious thereto at the door of the court house that such an election will be held, and also to super- intend and conduct the same, for which service compensation shall be made by the Trustees. — Sec : 3. Be it further enacted That the Trus- tees 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 lots in said Town, to make return thereof to the Trus- (724) PRIVATE LAWS, 1814 725 tees — having previously taken an oath before some Justice of the peace truly and impartially to perform the same; but in the valuation of said lots the houses and improvements erected thereon shall not be taken into consideration until after the expiration of five years. — Sec : 4. Be it further enacted, That on the re- turn of each list of taxable property, by the assessor, the Trustees shall levy a tax thereon, at a rate not exceeding two per centum on the valuation of such lots for opening the streets and commons, and keeping in repair the same and such other improvements thereon, as may be thought necessary by the Trustees. — Sec : 5. — Be it further enacted That the Trus- tees annually at the time they appoint an as- sessor shall appoint a collector, who shall before he enters on the duties of his office give bond and security to the Trustees or a majority of them in double the sum to be collected condi- tioned for the faithful collection and accounting for the same according to law ; and the said col- lectors shall by sale of such lots or otherwise collect and account with the Trustees of said Town, for the amount of the taxes with which he shall be charged with in four months from the time of his appointment for the collection of which the Trustees shall allow him not more than seven per centum on the whole amount. Before the said collector shall expose to sale any property for the taxes due thereon, he shall ad- vertise the time and place of sale for two weeks at the court house door of Washington county and in one of the public newspapers either in Louisville or in this Territory. — Sec : 6. — Be it further enacted That on the death, resig- nation, or removal of any one of the Trustees, the same shall be filled by the remaining Trus- 726 INDIANA HISTORICAL COLLECTIONS tees who shall appoint a successor to continue in office until the next election. Sec : 7 — Be it further enacted, That any three of the Trustees shall be sufficient to form a board. — Sec: 8, Be it further enacted That the said Trustees, or a majority of them shall have full power from time to time and at all times here- after to hold a common council within the said Town, and to make such bye laws, ordinances & regulations in writing, not inconsistent with the laws of the Territory or of the United States, as to them shall appear necessary for the good government of the said Town & the inhabitants thereof; and the same to put in execution, re- voke, alter & make anew, as to them shall ap- pear necessary for the police of said Town — Sec : 9. Be it further enacted. That whenever the owner of any lot or lots, is about to build on his said lot or lots, and shall have reason to fear that the trees standing on any adjoin- ing lot or lots will fall on his building or build- ings so about to be erected he shall apply to the Trustees of said Town, and if said Trustees are satisfied, that there is danger of such trees falling on, or in any way endangering the said proposed building or buildings, they may by their order direct so much of the said surround- ing timber to be cut down by the applicant as may be necessary to secure the said proposed building or buildings — Provided however That in no case shall the standing trees on any lot or lots be so cut down or directed to be cut down, unless five days notice shall be given at the door of the court house in the town of Salem, that such application will be made to the trustees by written advertisement stating the time & place of such application, and on which lot or lots. PRIVATE LAWS, 1814 727 the timber so to be cut down shall stand; & provided further that the owner or owners of such timber, so cut down shall be paid the full value of his timber, to be estimated by three disinterested freeholders, without said corpora- tion — said freeholders to be chosen by the Trus- tees. — This act to take effect from & after its passage. — William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council Approved 6^^ September 1814 Th: Posey AN ACT for the releif of Nancy Whitford. Whereas it has been represented to this Legislature, That Nancy Whitford, of Dearborn County, in this Ter- ritory, was formerly married to one Benjamin Whit- ford, who not only refused to provide food and apparel for her, but likewise deserted her — And whereas it has likewise been represented that the said Nancy Whitford, but now Nancy Ives, being herself deserted by her hus- band Benjamin Whitford, and being in a forlorn and dis- tressed situation, and being informed of the said Benja- min Whitford's having contracted a second marriage, she was induced to contract on her part a marriage, with one Nehemiah Ives, and as some doubts have arisen with respect to the legality of her marriage with the said Nehemiah Ives, Therefore Be it enacted by the Legislative Council & House of Sec: l- Representatives, and it is hereby enacted by the author- ity of the same, That the said Nancy shall from the said Benjamin be and she is hereby divorced from the bands of matrimony contracted between them; and the marrige which was contracted by the said Nancy with 728 INDIANA HISTORICAL COLLECTIONS the said Nehemiah is hereby legalized to all intents and purposes, and shall be so taken & esteemed, as well within as without all courts of Judicature, & Tribunals what- soever — any law, usage or custom to the contrary hereof notwithstanding. William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council Approved 2'^ September 1814 Th: Posey AN ACT for the relief of Benjamin V. Beckes Sheriff of Knox County Whereas it is represented to this Legislature that Benjamin V Beckes sheriff of Knox County deposited with John D Hay for safe keeping about two hundred dollars of the revinue of said County for the year 1813 before the said John D Hay's house was consumed by fire Be it therefore enacted by the Legislative Council & house of Representatives, That the Court appointed to transact County business in said County of Knox be and they are hereby authorised to give Benjamin V Beckes sheriff and collector of the County Taxes for the the County of Knox for the year 1813 credit for such sum or sums of County money as he may have deposited with the said John D Hay for safe keeping and which was lost when the said Hays house was consumed by fire; Upon the said Benjamin V Beckes producing to the said court satisfactory Testimony that the said money was so deposited and lost, and upon the said Benjamin V Beckes receiving credit as above directed by the court before the same shall operate as a final discharge he shall give to the said John D Hay a receipt for the amount he shall have received credit for from the court and file a duplicate of said receipt with the Court PRIVATE LAWS, 1814 729 This act to take effect from and after the passage William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council Approved 10*'' September 1814 Th: Posey AN ACT to incorporate the Corydon Seminary Whereas it has been represented to this Legislature that Sundry individuals in Corydon and its Vicinity have by subscription built a schoolhouse in the Town a fore- said and that the proprietor thereof is willing to make a donation of one half acre lot on which the school house is built to the institution provided persons are by law appointed who and their successors will be capable of holding the same for the purposes of encouraging learn- ing and useful information Sec*. 1. Therefore be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That Davis Floyd, George F Pope & R. M. Heth shall be and they are hereby appointed Trustees of the Corydon Seminary, and by the same name shall have perpetual succession and they and their successors at all times hereafter by the name of the trustees of the Corydon Seminary shall be persons able and capable in law of suing and being sued pleading and being impleaded answering and being answered unto in any Court of Justice whatsoever of having and using a common Seal and of altering the same at pleasure and the trustees for the time being or their successors, shall in law be capable of receiving any donation of land or other property whatsoever, to the use and benefit of said institution; Provided they nor their successors shall not hold more than five thousand acres of Land. Sec*. 2. and be it further enacted that the said Trus- 730 INDIANA HISTORICAL COLLECTIONS tees for the time being shall continue in oflfice until the first day of May, which will be in the year 1815, that on the said first day of may 1815, and annually thereafter there shall be an Election for Trustees to the said semi- nary of Corydon, and it shall be the duty of the trustees for the time being and their successors in office to adver- tise at the Court House door, twenty days before the said first day of May 1815, and twenty days previous to the first day of May annually thereafter, that an election will (on the said first day of May then next ensuing) be holden at the Court house in Corydon for three Trustees to serve one year and on the day of election the said trustees shall take to their assistance three Citizens of the Town to assist in said Election in order to prevent fraud or collusion and the said Trustees aforesaid and three citizens so chosen shall appoint a Clerk or poll keeper and they shall then proceed to take the vote by Ballot, and every person who is or shall become a sub- scriber to the said institution shall be entitled to one vote and no more and after the Ballots are taken, the poll keeper shall in presence of the trustees and three citizens as aforesaid Count the Ballots and the person having the greatest number of votes shall be by the trus- tees and citizens declared to be duly elected, for one year then next ensuing. Sec^ 3. Be it further enacted, that the trustees for the time being, and their successors in office shall appoint one of their body a chairman and such other person as they may think proper Clerk to the said Board of trustees and the said Clerk shall keep a book in which shall be registered all proceedings of the said board of trustees and the said Trustees for the time being shall have full power and authority to pass any rule regulation or bye law for the well regulating of said seminary not incon- sistant with the laws of this Territory or of the united States, and shall have power to employ one or more teachers in said Seminary provided that no particular PRIVATE LAWS, 1814 731 tenets of religion shall be taught in the aforesaid Semi- nary William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council Approved 9**^ September 1814 Th: Posey AN ACT supplementary to the act entitled an act for the regulation of the Town of Charleston. Sec*. 1. Be it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same That the Trustees of Charleston shall have power and author- ity to levy and collect a Tax of fifty Cents annually of each and every free white male inhabitant above the age of twenty one years, and who has resided in said town six months previous to the assessment of said tax, and holds no property subject to taxation by the said Trus- tees. Sec*. 2. Be it further enacted that the said Trustees of the town of Charleston shall have power and author- ity to appoint a supervisor of the highways who shall superintend the cleaning out and keeping in repair the streets and allies of said Town, and the Citizens of the said town who are subject to work on the publick high ways, shall under the direction of the said supervisor so appointed attend to cleaning out and keeping in repair the said streets and allies of said town under the same rules and regulations as other supervisors of the high- ways and Citizens within their respective bounds are subject to by the laws of this Territory William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council. Approved 10*^ September 1814 Th : Posey 732 INDIANA HISTORICAL COLLECTIONS AN ACT to incorporate the Borough of Vincennes Sec^ 1. Be it enacted by the Legislative Council and House of Representatives, that such parts of the Town of Vincennes as are contained within the following limits and boundaries, that is to say, by the plantation of Wil- liam Henry Harrison on the North East; The Church lands on the southwest ; The River Wabash on the North West, and the lines of the commons as laid out for the inhabitants of Vincennes in pursuance of an act of Con- gress, on all the other parts and sides thereof, shall be and the same is hereby erected into a borough, which shall henceforth be distinguished known and called by the name of the Borough of Vincennes. Sec*. 2. Be it further enacted, that there shall be nine Trustees, to be appointed as hereinafer directed in the said Borough a majority of whom shall form a quorum; which said Trustees shall be a body Corporate in deed, fact and in name ; by the name and style of the Trustees of the Borough of Vincennes, by the same name shall have perpetual succession, and they and their successors all times hereafter by the name of the Trustees of the Bor- ough of Vincennes shall be persons able and capable in law to sue and be sued, plead and be impleaded in any Court of Justice whatever; and to make and use one com- mon seal ; and the same to alter and change at pleasure. Sec^ 3. Be it further enacted that the freeholders & householders within the said Borough shall meet at some convenient place in the same, on or before the first mon- day in February next or as soon thereafter as the said freeholders & householders shall convene for that pur- pose, and on the first monday in February annually there- after, and then and there elect by ballot nine fit persons resident in the said Borough who shall be freeholders or householders in the same as trustees of the said Borough, and the said Trustees so elected shall hold their offices for and during the term of one year and no longer unless their places should not be filled up at the annual election, in which case the said Trustees shall continue in oflfice PRIVATE LAWS, 1814 733 until their places are filled up by a special election to be held so soon thereafter as the electors in the said borough shall convene for that purpose — After the said board of Trustees shall be organised, it shall be their duty to ad- vertise for at least ten days previous to any annual or special election, the time and place where such election is to be held, and in case the said board of Trustees shall neglect or refuse to advertise the same, then and in that case, any three of the freeholders in the said borough may advertise such election in manner aforesaid. Provided the Trustees elected as aforesaid, before they proceed to the exercise of the duties of their respective offices shall take an oath or affirmation, that they will faithfully dis- charge and execute such office according to the best of their knowledge and understanding. Sec*. 4. Be it further enacted that the said Trustees or a majority of them shall have full power from time to time and at all times hereafter to hold a common Council within the said borough as the chairman shall appoint and to make such bye-laws ordenances and regulations in writing not inconsistant with the laws of this Territory or of the United States as to them shall appear necessary for the good government of said borough and the inhabit- ants thereof; and the same to put in execution, revoke alter and make anew as to them shall appear necessary for the police of of said Borough, and for carrying this law into effect: and by ordenance to require such Sure- ties from the several officers of the corporation and to impose such fines for neglect of duty or misconduct in office as to them shall appear necessary; and to make limit, impose and tax reasonable fines against all and upon all persons who shall offend against the laws ordinances and regulations of the corporations made as aforesaid, and all and every such fine to take demand require & levy of the goods and chattels of such offenders to be appro- priated to the use and benefit of the said corporation. Sec*. 5. Be it further enacted that the said Trustees shall elect their own chairman & also elect their own Clerk either out of their own body or otherwise and the 734 INDIANA HISTORICAL COLLECTIONS said Trustees shall have further power and authority to purchase ground and erect a market house in said bor- ough, and make byelaws for the government and regula- tion thereof and they shall also have power and authority to make such bye laws as they may think necessary for widening repairing and cleaning the streets of said bor- ough & shall have further power and authority to cause a survey to be made of the streets if necessary and to ordain as well what width or breadth they shall hereafter be of, as to prevent any person or persons from erecting any kind of building within the limits of the said streets as so ordered to be widened or extended and from en- closing any part thereof; provided that no buildings now actually erected shall, during the existance of such build- ing be demolished or pulled down without the consent of the owner or paying an adequate compensation therefor to be estimated in such manner as by said bye laws shall be declared. Sec*. 6. Be it further enacted that it shall be the duty of the trustees to give publicity to their byelaws and all persons inhabitants of said Borough shall have free ac- cess to the said bye laws & shall have full liberty to pe- ruse the same and take copies or such extracts therefrom as they may think proper. Sec*. 7. Be it further enacted that the bye laws so to be made and the proceedings of the said Trustees together with an account of the receipt and expenditures in detail, shall whenever thereto required be laid before either branch of the Legislature of the Territory or state as the case may be, requiring the same — This act to take effect from and after the passage thereof William Hendricks Speaker of the Honse of Representatives Jesse L. Holman President of the Council Approved e*^' September 1814 Th: Posey PRIVATE LAWS, 1814 735 AN ACT to incorporate the literary society of Vevay. Sec: 1. — Be it enacted by the Legislative council and House of Representatives, and it is hereby en- acted by the authority of the same, That John Dumont, Daniel Dufour, Robert M. Troter, Elisha Golay, Philo Averil, John Francis Seiben- thal and George Coggshell & their successors duly elected or appointed in manner hereinafter directed, be & they are hereby made, declared and constituted a body corporate or body politic in law & in fact to have continuance for twenty years from the passage hereof by the name, style and title of the Directors of the literary society of Vevay — And by such corporate name, style and title, shall be forever able and capable in law and equity to sue & be sued, plead & be impleaded, answer and be answered, defend & be defended in any court or courts or other places, & before any Judge or Judges, Justice or Justices or other persons whatsoever within this Territory or elsewhere in all and all man- ner of suits, actions, complaints, pleas, causes, matters and demands of whatsoever kind or na- ture they may be, in as full & effectual a manner as any other person or persons, bodies corporate or politic may or can do. — Sec : 2. — Be it further enacted That the said corporation may take & receive any real property, sum or sums of money, goods and chattels or other ef- fects of what kind soever, which shall or may be given, granted or bequeathed by any person or persons, bodies politic or corporate capable of making such gift, grant or bequest. — Pro- vided they shall never receive either by dona- tion, tax, gift, grant, bequest, or otherwise a capital exceeding ten thousand dollars, nor any other lands than what may be necessary for the use of a building to keep their library in; nor 736 INDIANA HISTORICAL COLLECTIONS shall they ever under the authority of this act issue bills of credit or in any other way enter into a banking policy, contrary to the true mean- ing and intent of this act. — Sec : 3 — Be it further enacted That the said body corpo- rate shall have full power to make, have, & use a common seal, & the same to break, alter and renew at pleasure — To appoint a Librarian, a Treasurer, & such other officers as they may from time to time deem necessary; To assign them their duties, fix their compensation, & remove them or either of them from office & ap- point another or others in his or their place as often as they shall think fit. To make ordain, establish and execute such bye-laws & ordi- nances as may be deemed useful to the institu- tion, and the same to alter, amend, or abrogate at pleasure; To fix the price of new shares; To direct how transfers shall be made & certified; To procure by purchace, rent or otherwise a suitable place for keeping the library of the soci- ety; To fill up vacancies that may happen in their own body between two annual elections; To levy and collect fines & forfeitures; & to de- termine upon, do & transact all business and matters appertaining to said society, agreeably to the rules, ordinances, and bye laws thereof, during their continuance in office. Provided that not less than a majority of the said direc- tors be a quorum to do business; and that no rule or bye law be made repugnant to the laws of this Territory or of the United States. — Sec : 4. — Be it further enacted That an election for seven directors of the literary society of Vevay shall be held on the first Saturday of August in each year at such place as the directors may direct, previous notice whereof being given by the Li- brarian by three written advertisements posted PRIVATE LAWS, 1814 737 at three public places in the to\vii of Vevay — And no person shall be eligible as a director or have a right to vote for a director who is not at the time of voting or being voted for a share- holder in the said society or who shall be in arrears to said society for any annual contribu- tion, fines or forfeitures ; And all persons quali- fied to vote, may vote either personally or by proxy, by ballot — and the Directors duly elected as above shall be & remain in power for the term of one year, & untill new ones are elected. Sec : 5*^ Be it further enacted That at the same time and place where the election is to be holden, the shareholders shall determine upon the Yearly contribution which is to be paid by each share for the year ensuing, which contribution or tax shall not be less than fifty cents, nor more than two dollars in any one year. William Hendricks Speaker of the House of Representatives Jesse L. Holman, President of The Council. Approved August 31^t 1814 Th : Posey AN ACT authorising the erection of a bridge over Tan- ner's Creek in the vicinity of Lawrenceburgh. — Sec: 1. — Be it enacted by the Legislative Council & House of Representatives of the Indiana Ter- ritory, That Stephen Ludlow, Isaac Dunn, James Dill, George Weaver, Jacob Blasdall sen^, David Reese and Elijah Sparks, or any five of them, be and they are hereby consti- tuted a board of commissioners with full power and authority to open, or cause to be opened books for receiving and entering subscriptions for raising a capital stock, not exceeding three 48—49011 738 INDIANA HISTORICAL COLLECTIONS thousand dollars, in shares of fifty dollars each, for the purpose of erecting a bridge over Tanner's creek, at or near where the great road now crosses the said creek, between the Town of Edinborough, (laid out upon the land of Pinkney James) and the farm of Stephen Lud- low, and making such other incidental works, and defraying such other incidental expences, as shall be required by this act, or deemed necessary or expedient by the company herein- after named; The time, place and manner of receiving and entering such subscriptions, to be ascertained by the said board of commis- sioners and duly advertised in such Gazette, as they may deem expedient: Provided That the time to be fixed upon by the said board of com- missioners for opening books, for receiving the said subscriptions, shall be on or before the first monday in January next, and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorised by the said board to re- ceive the same, on each share subscribed for. — Sec: 2. — Be it further enacted. That whenever twenty of the said shares shall be subscribed for, all persons who may then be, or thereafter may become the actual holders or proprietors of shares in the said capital stock, either as sub- scribers for the same, or as the legal repre- sentatives, successors, or assignees of such subscribers, shall be and they are hereby made and created a body politic and corporate, by the name and style of "The Lawrenceburgh Bridge company," and by that name may sue and be sued, implead & be impleaded, & do and suffer all acts, matters and things which a body politic & corporate may lawfully do and suffer; and may have a common seal, and the same PRIVATE LAWS, 1814 739 may break & alter at pleasure, and may make all bye laws, rules, regulations & ordinances for the good government & well being of the said company, and for carrying into effect the ob- ject of their institution, so that such bye laws, rules, regulations, or ordinances be not repug- nant to the Ordinance and laws of the United States, and the laws in force in this Terri- tory. — Sec : 3. — Be it further enacted, That when twenty of the said shares shall be subscribed for, as afore- said, or as soon after as may be, the said board of commissioners shall call a meeting of the company at the Town of Lawrenceburgh by public advertisement in some one Gazette the most likely & best calculated in their opinion to give general notice, appointing a fit and con- venient time and place in the said Town of Lawrenceburgh of meeting, for the purpose of electing five Directors, a Clerk & a Treasurer, & such other officers & agents as the said com- pany may think fit to appoint, and for trans- acting any other business in pursuance of this act, & appertaining to the nature & objects of the institution of the said company ; & the said board of commissioners, shall, if necessary, ad- journ the said meeting, from time to time, un- till a quorum shall be formed; and a majority of the said company, or the proprietors of two thirds of the number of shares, actually subscribed for, their legal representatives, suc- cessors or proxies, shall be a quorum to do busi- ness ; and as soon as a quorum of the said com- pany and a board of Directors shall be formed as aforesaid, all the powers, authority and duties whatsoever by this act vested in the said board of commissioners, shall cease and deter- mine, & thence forward become vested in the 740 INDIANA HISTORICAL COLLECTIONS Directors for the time being, of the said com- pany, under such limitations and restrictions as the said company may think fit to prescribe; and the said board of commissioners shall ac- count to the said company, at the first meeting of the same, for all monies received by them or any person for them, on account of such subscriptions, & shall immediately pay over the same to the Treasurer of the said company, or to such other person or persons, as the said company may direct and appoint — The said company nevertheless to allow all just credits for monies actually and necessarily expended by the said board of commissioners, in the exe- cution of their said trust and duties. — Sec: 4. — Be it further enacted, that there shall be annually holden in the said town of Lawrence- burgh, on the first monday in September, a meeting of the said company, for the purpose of electing five Directors, a Clerk, and a Treas- urer; and the said company shall have power at any meeting, legally called & constituted, in pursuance of this act, to displace any of their Directors or Officers, and to supply, by a new election or appointment all vacancies that may happen among the Directors or Officers of the company; and the said company shall have" power to prescribe and regulate the powers and duties of the said Directors, and of all other officers of the company; and a majority of the said Directors may from time to time elect one of their body as a president, and may pro- visionally supply, by their own election, any vacancies that may happen among the number of Directors, or among any officers of the com- pany, & the persons so elected by the said Di- rectors, may continue in office 'till the next legal meeting of the company, and the Direc- PRIVATE LAWS, 1814 741 tors of the said company, to be elected in pur- suance of this act, shall, unless sooner displaced by the said company, continue in office until the first monday in September next succeeding their election, and from that time until a new election shall be made by the said company — Sec: 5. — Be it further enacted, That a meeting of the said company may, at any time, be called by a majority of the Directors of the company, for the time being, & by one third of the members of the said company, or by the proprietors of one third of the shares actually subscribed for, or the legal representatives or successors of such members or proprietors — Provided how- ever. That no meeting of the said company shall be legal or valid unless a quorum shall be formed consisting of the majority of the mem- bers of the said company, or of the proprietors of at least two thirds of the number of shares actually subscribed for, their legal representa- tives, successors or proxies; nor unless the place (being within the Town of Lawrence- burgh) & the time of such meeting be previ- ously advertised for three weeks successively in some one Gazette at the least, edited con- venient to the said Town of Lawrenceburgh. — Sec : 6. — Be it further enacted, That the said shares shall be negotiable and transferable from one to another by assignments in writing executed before two witnesses at the least, and authenti- cated, & registered, as the company may pre- scribe and direct in their bye laws and regula- tions. — Sec: 7. — Be it further enacted. That in suits at Law against the said company, the first process shall be a summons to be served on the president or any one of the Directors of the said com- pany; upon the service and return of which 742 INDIANA HISTORICAL COLLECTIONS summons the court shall proceed to trial as in other cases. — And if judgment shall be recov- ered against the said company, the court may order the usual process of execution, or a spe- cial writ to attach the money, goods, chattels, debts, choses in action and tolls in the hands of any officer of the said company, or of any other person, & such attachment shall operate on the tolls thereafter to be received, which may be collected by a person specially ap- pointed by the court, for the use of the plain- tiff recovering such judgment, until such judg- ment shall be satisfied; and the court may make such further other order for enforcing the payment of such judgment, as may be con- sistent with the practice and powers of such '. court of Law or equity, and if after execution shall have issued and the same is not replevied, or if after execution shall issue on a replevin bond and no property of the company shall be found to satisfy the execution in either of the last named instances, and the said execution shall remain unsatisfied for six months there- after, the plaintiff shall be at liberty to execute the private individual property of the presi- dent & Directors of said company or either of them, and proceed to sell the same, agreeably to the laws respecting the sale of property taken in execution, until said judgment and costs are satisfied, and said President and Di- rectors or whoever of them shall thus satisfy said judgment and costs, shall have the liberty to retain in his or their hands the tolls of said company thereafter to be received until he or they are repaid the amount of said execution, costs &c together with legal interest thereon, until the same is discharged; and that the shares in said company shall be deemed per- PRIVATE LAWS, 1814 743 sonal and not real property, and transferrable in such manner as the company shall direct; and the shares held by any individual shall be liable to be attached or taken by fieri facias to satisfy the debts due from such individual in like manner as other personal property may be.— Sec : 8. — Be it further enacted. That the amount of each share shall be paid by instalments of ten dol- lars at such time as the said company shall direct, and in case any instalment or instal- ments shall not be paid at the time appointed by the said company, nor v^rithin thirty days after the time limited for the payment of the same, the President and Directors of the said company may proceed to forfeit, for the use of the company, the share or shares of the person or persons so failing to pay — Provided That notice of the time of the payment of such instalment or instalments be advertised for three weeks successively in the Gazette in which the proceedings and notices of the said company are commonly published, or in some other Gazette equally notorious & accessible to the members thereof. — Sec: 9. — Be it further enacted that the said company be & they are hereby authorized and empow- ered to erect and build, or to cause to be erected and built, over Tanner's Creek, near Lawrence- burgh, in the county of Dearborne, at or near where the great road now crosses the said creek, between the town of New Edinborough (laid out upon the land of Pinckney James) and the land of Stephen Ludlow, a good and sufficient bridge at least sixteen feet wide of sound and suitable materials, and in all re- spects adequate for the passage of travellers, horses, cattle, & carriages, with a secure rail- ing on each side at least four feet high. — 744 INDIANA HISTORICAL COLLECTIONS Sec : 10 — Be it further enacted, That as soon as the said bridge shall be erected & built, & finished & completed as required by this act, the said com- pany shall be entitled to demand & receive by their proper agents, servants or officers tolls at such rate as the court established in said county of Dearborn, to transact the business of the said county for the time being, may & shall from time to time fix agreeably to the laws regulating ferries. — Sec: 11 — Be it further enacted, That it shall be the duty of said company to keep posted up in some con- venient place on the said bridge, where the toll is collected, a printed or written list of the rates of toll allowed by the said court; and for every day the same shall be neglected after rea- sonable time to have the same printed, they shall forfeit & pay Twenty dollars to be recov- ered before a Justice of the peace, by any per- son, who shall sue for the same — Provided nevertheless That the said company shall be at liberty to plead any matter in excuse or justi- fication, to be judged of by said Justice. — Sec : 12 — Be it further enacted. That if any person or persons other than the said company, or their agents, shall pull down, deface, alter or destroy the said printed list of rates, he, she or they so offending shall upon conviction before a Jus- tice of the peace forfeit and pay twenty dollars, one half to the informer & the other half to the use of the said company. Sec : 13 — Be it further enacted That if the number of twenty shares, shall not be subscribed within one year from the time of opening subscription books by the commissioners, as herein before directed, or if the said bridge be not erected & built & finished & completed as required by this act, within three years from and after the PRIVATE LAWS, 1814 745 first day of January next, or if it should re- main at any time thereafter so out of repair for one year, as to be unsafe for travelHng, then & in that case, all the powers, authority, privileges, emoluments & immunities whatso- ever, shall cease and determine, and become absolutely forfeited. Sec : 14 — Be it further enacted. That it shall be the duty of the said corporation, as long as they shall be entitled to receive toll at the said bridge, to keep the same in good repair ; and if, in neglect of their said duty, the said corporation shall at any time suffer the said bridge to be out of repair, so as to be unsafe, or inconvenient for passengers, the said corporation shall on con- viction thereof by action of debt before any court of competent jurisdiction, forfeit and pay a penalty not exceeding Fifty dollars, at the discretion of the court and the costs of prose- cution, one half to the informer & the other half to the use of said county, & shall moreover be liable to the action of the party injured thereby. Sec: 15 — And be it further enacted, That in all elections to be holden pursuant to this act, each share actually subscribed, shall be entitled to give one vote, and no more. — Sec: 16. — And be it further enacted. That the toll to be taken at the said bridge shall be receivable by the said corporation for & during the term of ninety nine years, to commence on the day when the said bridge shall be opened for pas- sengers, after which time the said bridge shall be the property of the county of Dearborn, and the said corporation be dissolved — Provided That the said corporation shall at all times have power to dissolve itself, and thereby vest the property of the said bridge in The said county 746 INDIANA HISTORICAL COLLECTIONS of Dearborn — Provided nevertheless said cor- poration shall never be dissolved until they have paid all their debts — Provided also that the county of Dearborn shall have the privi- ledge of purchasing the bridge, with all its ap- purtenances at a price not to exceed twenty five per cent on the original shares after the expi- ration of thirty years. Sec : 17 — Be it further enacted That the said corpora- tion, shall have no power to issue bills of credit payable to bearer, or in any other manner enter into any banking policy whatever. — Sec: 18 Be it further enacted. That the court which shall hereafter transact the county business of said county shall have no power to stop, alter, vacate or discontinue any public road & com- mon highway which is now opened in said county crossing the said Tanner's creek at any place near or below where the said bridge is proposed to be erected, unless two thirds of the Citizens of that part of said county which lies on the lower side of Tanner's creek shall peti- tion therefor and give notice of their petition by public advertisement for at least two months, at the most public place in each town- ship in said part of said county — any law, usage or custom, to the contrary notwithstand- ing. — Sec: 19. — Be it further enacted, That if any toll keeper appointed by said company to receive the tolls of said bridge, shall demand and receive from any passenger, any greater or higher sum than shall be allowed by the court establishing the rates & tolls of said bridge for crossing said bridge, with any article of property, for which he is bound to pay a toll, or shall demand re- ceive any toll from any person for any article of property which may be lawfully conveyed PRIVATE LAWS, 1814 747 over said bridge without toll, he she or they so offending shall for every offence be fined in a sum not exceeding ten dollars to be recovered before any Justice of the peace, or by infor- mation or indictment before any court to be held in said county with costs of prosecution, one half to the prosecutor, & the other half for the use of the county. — William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council Approved 6*^ September 1814 Th: Posey AN ACT to incorporate the farmers and Mechanics hank of Indiana Sec l^t Be it enacted by the Legislative Council and House of Representatives and it is hereby enacted by the authority of the same That the President and shareholders of the farmers & Mechanics bank of Indiana, together with those who shall hereafter become shareholders in manner hereinafter directed shall be and they are hereby created and made a body corporate and body politic by the name style and title of the President and directors of the farm- ers and Mechanics bank of Indiana and shall so continue until the first day of January in the year of our Lord eighteen hundred and thirty five and by that name are hereby made able and capable in law to have purchase receive possess enjoy and re- tain to them and their successors in office lands rents tenements hereditaments goods chattels and effects of what kind nature and quality soever, to an amount not exceeding in the whole 750,000 dol- lars including the capital stock of said company and the same to sell grant demise alien alien or dis- pose of to sue and be sued plead and be impleaded 748 INDIANA HISTORICAL COLLECTIONS answer and be answered defend and be defended in courts of Record or any other place whatsoever and to make have and use a common seal and the same to break alter and renew at pleasure and also to ordain establish and put in execution such bye laws ordinances and regulations as shall be necessary and convenient for the good government of the said body corporate, and generally to do and execute all and singular the acts matters and things which to them shall appertain to do, subject nevertheless to the rules, regulations, limitations restrictions and provisions hereafter prescribed and declared. — Sec 2"^^ And be it further enacted That the stock hold- ers shall meet annually at the company's office on the first monday in January, and choose by ballot from among themselves thirteen directors who shall on the next day thereafter meet at the same place and elect by ballot a President out of their own body. The President and Directors so appointed shall continue in office one year ; Provided however, That the first election of the above named officers, shall be held in the manner aforesaid, such times as the persons, hereinafter named to receive sub- scriptions, or a majority of them shall appoint for that purpose, and the officers thus chosen are regu- larly appointed Sec 3"^^ And be it further enacted That it shall be law- ful for any person, copartnership, or body politic, to subscribe for one or more shares, until the com- pany is complete; the capital or joint stock of which, shall not exceed ten thousand shares, of fifty dollars each — shall be payable in manner following, towit. Five dollars of each share shall be payable in cash, at the time of subscribing, and five dollars thirty days after notice shall have been given by the commissioners, that one thousand shares have been subscribed for. And a failure to make such payment punctually, shall incur a forfeiture of all PRIVATE LAWS, 1814 749 that shall have been paid on each share; and such share or shares, shall be sold by the president and directors, for the benefit of the company; all fur- ther instalments to be paid in at the discretion of the President and directors — Provided that not more than five dollars on each share shall be re- quired at one time, of which thirty days notice shall be given ; and not more than three instalments shall be called for in one year on each share. In case of failure of such payment, all proceeds or divi- dends on such on such share or shares, shall be for- feited to the benefit of the institution, until three months after such payment be made Sec 4 And be it further enacted. That the President and directors, four of whom shall be a quorum to transact business [the President always being one] shall open and continue their office in the town of Madison and shall have the sole management of the funds of the company, for the use and benefit of the stockholders, according to their respective interests therein. They shall have the power of filling any vacancies, that may happen in their bodies; from among the stockholders, and should any vacancy happen in the office of the President by death, resignation, removal or otherwise; the directors shall proceed as aforesaid to choose a new director, from among the stockholders, and shall then elect by ballot, a President from among their own body — and the officers thus chosen, shall con- tinue in office until the next yearly meeting. — In case of the temporary absence of the President, the directors may elect a president for the time being and proceed to business Sec 5 And be it further enacted. That the President and directors, shall have power to appoint a cashier, and all other officers and servants, for executing the business of the company respectively, which they may appoint, and which together with all necessary 750 INDIANA HISTORICAL COLLECTIONS expenses, shall be defrayed out of the joint funds of the company. They shall make full, fair, and regular entries, of all their transactions, in books, to be kept at the office of the company for that pur- pose; which shall be open at all times, for the in- spection of the stockholders. They shall cause to be exhibited once in three years if required, a true report of the affairs, and situation of the company, together with a fair statement of all their accounts. Sec 6 And be it further enacted, That as soon as one thousand shares shall have been subscribed for, it shall be the duty of the commissioners, to give pub- lic notice thereof, in one or more newspapers of this Territory, or any of the adjacent states, to the stockholders, and appoint such time and place, as they may think proper to meet, and elect 13 direc- tors, who shall out of their own body choose a president And the President and directors, or a majority of the directors, shall have power to call a meeting of the stockholders, for the purposes rela- tive to the concerns of the company, giving three weeks notice, in one of the newspapers of the Ter- ritory, or of any of the adjacent states, specifying in such notice, the object or objects of such meet- ing. And any number of stockholders, not less than twenty, who shall at the time, own two thirds of the capital stock, of the bank, upon application and refusal of the directors, shall have the power of calling a meeting, of all the stockholders, by giving the notice last above mentioned, and stating in such notice, the object of the call. Sec 7 And be it further enacted That dividends of the profits of the company, or so much of said profits, as may be deemed expedient and proper, shall be declared half yearly, after the first day of January 1816 and not before, unless in the opinion of the President and directors, it may be thought advisa- ble. The amount of said dividends, shall from time PRIVATE LAWS, 1814 751 to time, be determined by the President and direc- tors, at a meeting held for that purpose, and shall in no case exceed the amount of the nett profits, actually acquired by the company, so that the capi- tal stock of the company, shall not be impaired by dividends, but the directors shall be at liberty, to retain at least one per cent, upon the nett profits, for future contingencies. Provided That no part of the capital stock, shall be drawn from the funds of the company, by such dividends, until the year eighteen hundred and thirty-five Sec 8**^ And be it further enacted, That in all general meetings, each stockholder, shall be entitled to one vote, for each share he shall hold to the number of twenty, every five shares above twenty and not ex- ceeding fifty one vote, for every ten shares above fifty one vote. All stockholders shall vote at elec- tions by ballot, or by proxy, (Provided such proxy be actually a stockholder) which proxy in all elec- tions after the first shall be made in writing, under the hand and seal of the said stockholder, and at- tested by two or more witnesses. But no officer of the bank, receiving a salary, shall be permitted to vote as proxy for any stockholder. — Sec 09 And be it further enacted, That the President and directors, or agents shall not exceed their en- gagements, to a greater amount, than twice the actual stock and deposits in the funds, nor shall any stock holder, be accountable or bound, in any case, by any engagement or contract, made by, or on be- half of the company, beyond the stock, he actually has in the funds. Sec: 10 And be it further enacted. That if the Presi- dent, and Directors, or agents or any of them do extend any engagement beyond twice the capital stock and deposits on hand as above, they shall be liable to the company for the same in their natural and private capacity; and shall besides be subject 752 INDIANA HISTORICAL COLLECTIONS to pay to the company a penalty not exceeding half the amount of such excess, or should they or any one of them appropriate any of the company's property to their own proper use or make any by means of the credit or paper of the company on private specu- lations such offenders shall pay a penalty of not less than three times the amount so made use of or pur- chased Sec ll*^*^ And be it further enacted That every person who shall subscribe for a a share or shares after payment shall have been made by a former sub- scriber shall be charged by the president and direc- tors with such an advance, or be required to pay, their instalments at such times as will render their payments equal to those of former subscribers Sec 12 And be it further enacted That the directors shall receive no compensations for their joint serv- ices, but their actual expenditures while engaged in the business of the company shall be defrayed out of the joint stock Sec 13 And be it further enacted That until the first President and directors are chosen under this act as herein before directed, subscriptions shall be re- ceived by and under the direction of John Paul John M<=Intire John Ritchie Christopher Harrison Alex- ander A Meek Henry Ristine Nathaniel Hunt John Serring and Dawson Blackmore, and at such places in any county or any state and under the direction of such persons, as the above commissioners may appoint, whose duty it shall be respectively to de- liver up to the president and and directors of the company, so soon as they shall have been chosen, in manner herein before prescribed, the subscrip- tion papers and the money that shall have been paid thereon Sec 14 And be it further enacted That one hundred and twenty five thousand dollars of the aforesaid capital stock shall be reserved for this Territory, PRIVATE LAWS, 1814 753 and shall be subscribed for at such time and times and by such person in its behalf as the Legislature may by law appoint. And as soon as the said Ter- ritory or state as the case may be, shall have sub- scribed for five thousand dollars of said capital stock, the Legislature shall be entitled to the ap- pointment of one of the directors, and when a fur- ther subscription, to the amount of fifty thousand dollars shall have been made by the said Territory, or state, or any person in their behalf ; the said Ter- ritory or state shall be entitled to the appointment of two directors; and when the whole amount re- served for Territory, shall be subscribed for, the said Territory or state shall have the appointment of three directors Sec 15 And be it further enacted That the Legislature hereby reserve to the Territory, or the state as the case may be, the right to tax the capital stock of said bank when in their discretion, it may be thought proper Sec 17 And be it further enacted. That if any shares in said bank, shall hereafter be subscribed for, on behalf of the Territory or state, or any loan or loans of money for the use of the Territory or state, shall be required, by, and on behalf of the Territory or state, such loan or loans, and such subscriptions, shall be regulated by, and conformably, to the rules, regulations, limitations and restrictions, as are pre- scribed, in the act, entitled an act, to incorporate the president and directors, and company of the bank of Vincennes Sec 18 And be it further enacted, That the lands and tenements, which shall be lawfully held, by the said company, shall be such only as may be requisite, for its immediate accommodation, in the transaction of business, and such as shall have been bona fide morgaged to it by way of security, or conveyed to it, in satisfaction for debts previously contracted, 4»-^9011 754 INDIANA HISTORICAL COLLECTIONS in the course of its dealings, or purchased at sales upon judgments, which shall have been obtained for such debts. — Sec 19 And be it further enacted, That said corpora- tion shall not directly or indirectly, trade in any thing, except bills of exchange, gold, silver, or the sale of goods really and truly pledged for money lent, and not legally redeemed in due time, or of goods, which shall be the produce of its lands, nor shall said corporation, take more than six per cen- tum, per annum on its loans or discounts. — William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Legislative Council Approved 10*^ September 1814 Th: Posey AN ACT to incorporate the President, Directors & com- pany of the hank of Vincennes. Whereas it is represented to this Legislature That the establishment of a bank at Vincennes, upon principles which will afford adequate secu- rity for an upright and prudent administration thereof, will tend to give facility to the obtain- ing of loans for the use of the Territory if needed, and will be productive of considerable advantages in promoting and fostering our in- fant manufactories, encourage trade, enterprize & industry. — Therefore Sec 1 : — Be it enacted by the Legislative council and House of Representatives, and it is hereby en- acted by the authority of the same, That a bank shall be established at Vincennes, the capital stock whereof shall not exceed five hundred thousand dollars, divided into five thousand shares of one hundred dollars each, and that PRIVATE LAWS, 1814 755 subscriptions for constituting the said stock, shall on the first monday in October next be openened at Vincennes and at such other places in the Territory as may be thought proper, under the superintendence of such persons, as shall hereafter be appointed, which subscrip- tions shall continue open until the whole capital stock shall have been subscribed. — Sec : 2 — Be it further enacted. That it shall be lawful for any person, co-partnership or body politic to subscribe for such or so many shares as he, she, or they may think fit, not exceeding two hun- dred, nor shall there be more than ten shares subscribed for, in one day, by any person, co- partnership, or body politic for the first ten days after the opening of the said subscription ; each subscriber shall at the time of subscribing, pay into the hands of the person appointed to receive the same, the sum of five dollars on each share subscribed for, and if any subscriber shall fail to make the second payment at the time ap- pointed by the Directors for such payment to be made, shall forfeit the sum so by him first paid to and for the use of the corporation. — Sec: 3 — Be it further enacted, That all those who shall become subscribers to the said bank, their suc- cessors & assigns, shall be & they are hereby erected & made a corporation & body politic, by the name & style of the President, Directors & company of the bank of Vincennes, & shall so continue until the first day of October, one thou- sand eight hundred and thirty five, & by that name shall be and are hereby made, able and capable in law, to have, purchase, receive, pos- sess, enjoy & retain to them and their succes- sors, lands, rents, tenements, hereditiments, goods, chattels and effects of what kind, nature or quality soever to an amount, not exceeding 756 INDIANA HISTORICAL COLLECTIONS in the whole seven hundred & fifty thousand dol- lars, including the capital stock aforesaid, & the same to grant, demise, alien or dispose of, to sue, or be sued, plead & be impleaded, answer & be answered, defend and be defended, in courts of record or any other place whatever: & also to make, have and use a common seal, and the same to break, alter and renew at pleasure, and also to ordain, establish & put in execution such bye laws, ordinances, & regulations, as they shall deem necessary & convenient for the government of the said corporation, not inconsistent with the laws of this Territory, or the constitution — (For which purpose general meetings of the stockholders shall & may be called by the Direc- tors in the manner herein after specified) , and generally to do, perform & execute all & singu- lar acts, matters & things, which to them it shall or may appertain to do, subject however to the rules, regulations, restrictions, limitations and provisions hereinafter prescribed and de- clared. — Sec : 4 — Be it further enacted. That for the well ordering of the affairs of the said corporation, there shall be twelve Directors, the first election for whom, shall be by the stockholders, by plurality of votes actually given, on such day as the persons ap- pointed to superintend the subscriptions for stock shall appoint, by giving at least thirty days notice in all the public newspapers of the Ter- ritory, and those who shall be duly chosen at any election, shall be capable of serving as Di- rectors, by virtue of such choise, until the full end or expiration of the first monday of March next ensuing the time of such election, & no longer — and on the said first monday in March, & on the first monday of March in each & every year thereafter, the election for Directors shall PRIVATE LAWS, 1814 757 be holden; and the said Directors at their first meeting after each election shall choose one of their number as President. Sec : 5. — Be it further enacted, That in case it should happen at any time that an election for Direc- tors should not be had upon any day, when pur- suant to this act it ought to have been holden, the corporation shall not for that cause be con- sidered dissolved, but it shall be lawful to hold an election for Directors, on any other day, agreeably to such bye laws and regulations as may be made for the government of the said corporation, and in such case the Directors for the time being shall continue to execute & dis- charge the several duties of Directors until such election is duly had & made, anything in the fourth section of this act, to the contrary not- withstanding — and it is further provided that in case of death, resignation or removal of any Director, the vacancy shall be filled by election, for the ballance of the year. — Sec : 6 — Be it further enacted. That the Directors for the time being shall have power to appoint such offi- cers, clerks & servants under them as shall or may be necessary for executing the business of the corporation & shall allow such officers, clerks, or servants so appointed, a reasonable com- pensation for their services respectively, and the said Directors shall be capable of exercising such other powers & authority as may be neces- sary for the well governing & ordering of the affairs of the said corporation, not inconsistent with the laws & ordinances of the said corpora- tion — Provided always That the following rules, restrictions, limitations, regulatings & provi- sions shall form and be fundamental articles of the constitution of the said corporation Viz: First, The number of votes to which each stock- 758 INDIANA HISTORICAL COLLECTIONS holder is entitled shall be in the proportions fol- lowing, that is to say; for one share and not more than two shares one vote; for every two shares above two, & not exceeding ten shares, one vote; for every four shares above ten & not exceeding thirty, one vote ; For every six shares above thirty & not exceeding sixty, one vote — For every eight shares above sixty & not exceed- ing one hundred, one vote; & for every ten shares above one hundred, one vote. — And after the first election no share or shares shall confer a right of suffrage on any stockholder, who shall not have been a stockholder, three months at least previous to the day of such election, — Sec- ond, None but a stockholder who is a Citizen of the Territory, shall be eligible to the office of Director. — Third, No Director shall be entitled to any other emolument, than such as shall be allowed by the stockholders at a general meet- ing — The stockholders shall make and allow a reasonable compensation to the President for his extraordinary attendance at the bank. — Fourth, not less than four Directors shall constitute a board for the transacting of business, of whom the President shall be one, except in case of sick- ness or necessary absence, in which case his place may be supplied by any other Director who he may appoint, by writing under hand and seal for that purpose. — Fifth, any number of stock- holders, not less than twelve, & who shall be proprietors of not less than forty shares, shall have power to call a general meeting of the stockholders for purposes relating to the institu- tion, by giving at least thirty days notice in two of the most public newspapers of the Territory, & specifying therein the object of such meet- ing. — Sixth, Every cashier or Treasurer before he enters on the duties of his office, shall give PRIVATE LAWS, 1814 759 bond with two or more securities, to the satis- faction of the Directors in a sum not less than ten thousand dollars, conditioned for his good conduct & the faithful discharge of the duties of his said office. — Seventh, The lands and Tene- ments which it shall be lawful for the said cor- poration to hold, shall be such only as may be necessary & requisite for its immediate accom- modation in the transaction of business, and such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satis- faction for debts previously contracted in the course of its dealings, or purchased at sales upon judgments, which shall have been obtained for such debts. — Eighth, The total amount of debts which the said corporation shall at any time owe, whether by bond, bill, note or other contract shall not at any time exceed double the amount of monies actually deposited in the bank for safe keeping; and in case of excess the Directors under whose administration it shall happen, shall be liable for the same in their natural & private capacities, and an action of debt may be brought against them or any of them, their heirs, Executors, or administrators, by any Creditor or Creditors, but this shall not be con- strued to exempt the said corporation, their lands, tenements, goods, or chattels from being liable for and chargeable with the said excess. — Such of the said directors who may have been absent when the said excess was created or con- tracted, or who may have dissented from the resolution or act whereby the same was con- tracted, may respectively exonerate themselves from being so liable by forthwith giving notice of the fact and of their absence or dissent at a general meeting of the stockholders, which they shall have power to call for that purpose. — 760 INDIANA HISTORICAL COLLECTIONS Ninth, The said corporation shall not directly or indirectly deal or trade in anything except bills of exchange, gold or silver, or in the sale of goods realy & truly pledged for money lent and not legally redeemed in due time, or of goods which shall be the produce of its lands; neither shall the said corporation take more than at the rate of six per cent, per annum for or upon its loans or discounts. — Tenth — The stock of the said corporation shall be assignable and trans- ferrable according to such rules as shall be in- stituted in that behalf by the laws & ordinances of the same. — Eleventh, The bills obligatory and of credit under the seal of the said corporation, which shall be made payable to any person or persons shall be assignable by endorsement thereupon in the same manner as that of any private person ; and all bills or notes which may be issued by order of the said corporation, signed by the President & countersigned by the prin- cipal cashier or Treasurer thereof promising the payment of money to any person or persons, his, her, or their order, or to bearer, though not under the seal of the said corporation shall be binding and obligatory in like manner & with the like force and effect as upon any private person or persons if issued by him or them in their private or natural capacity or capacities, and shall be assignable in like manner as if they were so issued. — Ttvclvth, Half yearly divi- dends shall be made of so much of the profits of the bank as shall appear to the Directors ad- viseable, and once in every three years, the Di- rectors shall lay before the stockholders at a general meeting, an exact & particular statement of the debts which shall have remained unpaid after the expiration of the original credit for a period of treble the term of that credit, & of the PRIVATE LAWS, 1814 761 surplus of profit, if any, after deducting losses, and dividends, the payment of the residue of the stock shall be made at such times and in such in- stalments as the Directors may order; provided that no instalment shall exceed twenty five per cent, on the stock subscribed for, & that at least sixty days notice be given in one or more of the public newspapers of this Territory; If there shall be a failure in the pajnnent of any part of any sum subscribed, the party failing shall loose the benefit of any dividend, which may have ac- crued prior to the time of making such payment, and during the delay of the same. — Sec: Be it further enacted That William Jones, Charles Smith, Wilson Lagoe, John D Hay and Nathaniel Ewing or any three of them, shall be commissioners for the purpose of receiving sub- scriptions, & who shall have power to appoint a person to receive the money, required to be paid, at the time of subscribing; and the said receiver shall as soon as the Directors are ap- pointed, pay over the same into the hands of such person, as the said Directors may direct. Sec: Be it further enacted That one hundred and twenty five thousand dollars of the aforesaid capital stock, shall be reserved for this Terri- tory, & shall be subscribed for at such time or times, and by such person in its behalf as the Legislature may by Law appoint ; and as soon as the said Territory or State as the case may be, shall have subscribed five thousand dollars on account of the said capital stock, they shall be entitled to the appointment of one of the Di- rectors; & when a further subscription to the amount of fifty thousand dollars shall be made by the said Territory or State, as the case may be or any person in their behalf, the said Terri- tory or State, as the case may be, shall then be 762 INDIANA HISTORICAL COLLECTIONS entitled to elect two of the Directors of the said corporation ; & when the whole amount reserved for the Territory or State, as the case may be, shall be subscribed for, the said Territory or State, as the case may be, shall have the ap- pointment of three of the said Directors. — Sec : Be it further enacted That the Legislature here- by reserve to the Territoiy, or the State, as the case may be, the right to tax the capital of the said bank stock, when in their discretion it may be thought proper. — Sec: Be it further enacted That the aforesaid cor- poration shall not be dissolved previous to the expiration of their charter, until all their debts, contracts, notes, bills of exchange, and under- takings in their corporate capacity shall be finally & faithfully settled. Provided also that after the expiration of their charter, they shall not transact business, according to the true in- tent & meaning of this act, further than to settle & close their contracts as above provided. — Sec : Be it further enacted, That so soon as the books are opened for the subscription of shares of the said bank stock, the Governor may and he is hereby authorised to subscribe, on behalf of the Territory for fifty shares of said stock which shall be paid for by the Treasurer out of any monies due or hereafter to become due to the Territory from the different collectors of the Territorial revinue, when the same shall be paid into the Treasury, in preference to any other demand, & to pay the same accordingly. Pro- vided nevertheless That no shares so subscribed for, or that may be subscribed for the benefit of the Territory shall forfeit under any pretence whatever, any thing in the second section of this act to the contrary notwithstanding. Sec: Be it further enacted, That so soon as the bank PRIVATE LAWS, 1814 763 is organized & ready to do business, the presi- dent, Directors and company shall and they are hereby required to loan to the Territory at the usual interest and according to the rules of the Bank in that case to be established the sum of five thousand dollars as the same may be wanted or needed to defray the public expenditures of the Territory, and the Treasurer is hereby au- thorised & empowered to draw upon the Bank occasionally as may be necessaiy for paying such officers, & to audit warrants in favor of the President, Directors, & company of the said bank for the sums so drawn as the same may be required. — Sec: Be it further enacted That the said bank shall loan to the Territory or State, as the case may be, in each & every year hereafter, so much money if required as shall amount to the whole amount of stock the Territory or State may hold in said Bank, for defraying the General expendi- tures of the Territory or State. Provided That the Territory or State shall in no year hereafter subscribe for more stock in said bank, than the amount of the revinue of the Territory or State for such year. Sec : Be it further enacted that the Territory or State as the case may be shall not lose the benefit of any half yearly or other dividend on account of any failure, on the part of the Territory or State to pay up any instalment, — Provided all the instalments due in any year, on the shares of the Territory shall be paid up during the said year. William Hendricks Speaker of the House of Representatives Jesse L. Holman President of the Council Approved 10*^ Sep^ 1814 % Th : Posey APPENDIX II. Memorials and Resolutions Passed by the Indiana Territorial Assemblies 1809-1815 Resolutions pertaining solely to the legislature which passed them are not included. The resolution for the reappointment of Harrison, 1809, the resolution of appreciation of Harrison's serv- ices, 1811, the memorial for statehood, 1811, and part of the reso- lution on the organization of the legislature, 1809, are printed also in Esarey (ed.), Messages and Letters of William, Henry Harrison. The memorial for statehood, 1815, is printed in Kettleborough, Constitution Making in Indiana, volume one. RUMP SESSION, 1809 Joint Resolution: Apportionment, 1809 [Office of the Secretary of State, Indiana] Resolved, by the Legislative Council and House of Rep- resentatives of the Indiana Territory, That hereafter the House of Representatives of this Territory, shall consist of nine members ; three whereof shall be elected from the County of Knox, one from the County of Harrison, two from the County of Clark, and three from the County of Dearborn Resolved further, that so soon as the Executive of this Territory may be officially informed upon the subject that he then proceed by his Proclamation to the Organization of a General Assembly in and for this Territory agree- ably to the above apportionment. Gen^ W. Johnston Speaker of the House of Representatives Thomas Downs President Protem L. C Approved Oct^ 21«t 1809 WiLL^ Henry Harrison Joint Resolution: Dissolution of Legislature, 1809 [Territorial House Journal, Oct. 21, 1809] Whereas great doubts exist as to the constitutionality of the present Legislature's proceeding to do any Legis- lative act more than to apportion the members of the House of Representatives under the act of Congress ex- tending the right of Suffrage to the Indiana Territory — And the said Legislature having made such apportion- ment. Therefore be it resolved, that the Governor of the Ter- ritory be and he is hereby requested to Dissolve the pres- ent Legislature, and to proceed as speedially as may be to (767) 768 INDIANA HISTORICAL COLLECTIONS organize another Legislature under the provisions of the said Act of Congress. Memorial: Organization of Legislature, 1809 [House Files: Presented 11 Cong., 2 sess., Nov. 22, 1809] To the Senate and House of Representatives in Congress Assembled, the Petition of the Legislative Council and the members elected to serve in the House of Representatives Humbly Shew and Pray : That from a careful review of the Law of Congress Dividing the North Western Territory, The Ordinance for the Government of the Indiana Territory, The law of the Territory regulating Elections, and the law of Congress extending the right of suffrage to the Citizens of the In- diana Territory, we find that considerable doubts exist in the minds of a minority of your Petitioners with re- spect to the constitutionality of the meeting of the Gen- eral Assembly of this Territory — Your Petitioners state that in the year 1805 there was a Legislature Organized under the first above mentioned Law dividing the Terri- tory North West of the River Ohio, that on the 26**' day of October in the year 1808. the Governor disolved the said Legislature. On the day of in the year 1809. the Law of Congress passed dividing the Indiana Territory. And that on the 4 day of April 1809. the Gov- ernor of the Territory issued his Proclamation for the election of the additional members to the House of Rep- resentatives. Also on the day of 1809. the law passed extending the right of suffrage to the citizens of Indiana Territory & declaring how the legislature shall be formed after the Passage of the said Law that is the General Assembly should apportion the members to the House of Representatives to consist of not less than nine nor more than twelve, this law was evidently predicated upon the principle that a legislature was in existance at the time of its passage or that a Legislature might be convened under the authority of the Governors Proclama- tion, but the fact was different for the old Legislature was MEMORIALS, RESOLUTIONS, 1809 769 doubly disolved (if the expression may be allowed) first by the Governor as above stated, secondly by the division of the Territoiy which struck off three members of the House of Representatives & two of the Legislative Coun- cil, thus there was no legislature in being to make the apportionment agreeably to the said act of Congress Now the principal doubt that exists in the minds of your petitioners is how the Old Legislature was to be brought into being so as to organise the new legislature under the act of Congress as above stated, on the first Monday of April 1809. the Governor by his Proclamation directed an election to be held for members to the House of Representatives, at which election there were four members elected, to wit, two in the County of Knox, one in the County of Dearborn and one in the County of Clark, on the 4*^' of April 1809. (Six days before the above law of Congress arrived here) the Governor issued his writs of election for an election to be held on the 22eace, Harrison County, 843. Davis, Thomas Cleon, allow- ance to, 145. Davis, Thomas Terry, chancel- lor, 820; relief act for heirs of, 144-45; judge, general court, 820. Davis, Timothy, justice of peace, Dearborn County, 837. Davison, Arrabella, divorce, 64, 458-59. Davison, Daniel, divorce, 64, 458-59. Davisson, Josiah, Wayne County, appointed judge, 862; justice of peace, 862n. Dawson, John, justice of peace, Dearborn County, 837. Dearborn County, formation, 835; apportionment: House (1809), 8, 767, 769; (1810), 9, 22, 171; (1813-14), 65, 455; Legislative Council (1814), 68; boundary changes, 72, 104, 108, 538-39, 541-42; circuit court: length of ses- sion, 557-58 ; reorganiza- tion, 475, 518; when held, 189-90, 283, 363, 479, 557; court of common pleas: to al- low sheriff compensation for election services, 246; to investigate tax delin- quencies, 238-39; to levy special taxes, 351; to super- vise opening of Whitewater, 43, 298, 300; when held, 188-89, 282, 362; Hogan Creek bridge to be- come property of, 665; oflS- cers, 835-38; public buildings, 350; special taxes, 58, 350- 51; tax arrearages, 238-39, 346-47; vote for territorial delegate (1809), 7n. Debt, act, summary mode of col- lecting in certain cases, 533- 38; action for: petition for judg- ment, 533-34, 534-35; plain- tiff asking writ of inquiry, 535; summons to defendant, 533-34, 536, 537; trial, 535- 36, 537; what constitutes, 633; where cognizable, 264; debtor's window, 18n; execu- tion for, 12-17, 38-39, 120-22, 133, 240, 456-57; imprison- ment for, 32-37, 143, 436-37; judgment for not to issue without establishment of claim, 466-67; ne exeat in cases of, 143-44. Debtors, absconding or about to abscond, 247-48. Decatur, founded, 79n. Decatur Bridge Company, The, incorporation, 79, 660-66. Decedents' estates, jurisdiction of, in circuit courts, 572-73, 617-18; real estate subject to INDEX 879 Decedents' estates (cont.) execution, 121-22. See Let- ters testamentary. Decker, Luke, Knox County, al- lowance, judge, contested elec- tion, 119; councilor, 113, 825, 849; judge, 850, 851; repre- sentative, 824, 825, 849. Dedimus, writ of, circuit courts may issue, 521-22; form, jus- tice of peace court, 641-42; when to issue for depositions of witnesses, 127-28, 265. Deeds, lands sold on execution, 344 ; lands sold for taxes, how made and recorded, 451-52, 452-53; town lots sold for taxes, how made, 560. Deer Creek Baptist Church, see New Hope Baptist Church. Defrance, Abraham, doorkeeper, Assembly, 823. Deitz (Dietz), John, justice of peace, Clark County, 833. Delaware Indians, salt spring on lands of, 816. Delaware towns, 46. Delegates to Congress, how elected, 95, 99, 226, 245, 489, 494; list of, 821; number of votes for (1809), 7n; right of debate, 95, 99. See Jonathan Jennings. Delorier (Desloriez, Delaurier), Jean Baptiste, dit, trustee, Roman Catholic Church, Vin- cennes, 716, 720. Delorier, Louis, trustee, Roman Catholic Church, Vincennes, 716, 720. De Pauw, John, trustee, Salem, 724. Depositions, 17, 128, 265. See Dedimus. Deputies, sheriffs: ineligible as listers of land, 255; as tax commissioners, 315; remedy of sheriff against, 118; at tax sales, not to bid, 319. Deputy, Joshua, justice of peace, Jefferson County, 848. Descent, provisions concerning, 91-92. Dickson (Dixon), Arthur, judge, Franklin County, 839; trus- tee, Brookville, 437. Dill, James, brigadier general, Indiana militia, 61n; clerk, Dearborn County, 837; com- missioner, subscriptions for Lawrenceburg bridge, 737 ; county seat commissioner, Switzerland County, 540; prosecuting attorney : Dear- born County, 836; Franklin County, 839 ; Jefferson County, 847; Wajme Coun- ty, 862; recorder. Dearborn County, 838; representative, Dearborn County, 827, 828, 835; spe- cial mileage allowance, 253; signs laws, 1813 session, 309- 66, 795 passim. Divorce, by Assembly, 31, 64, 78-79, 211-12, 212-13, 223-24, 237, 431, 458-59, 472-73, 655, 727-28; regulation of, 30-31, 59, 356-58, 557. Dixon, Arthur, see Arthur Dick- son. Doan, Ebenezer, coroner, Orange Coimty, 855. Dogs, tax, 82, 690. Dougherty, John, justice of peace, Harrison County, 843. Douglass, Cyrus, judge, Jackson County, 846; justice of peace: Jackson County, 846; Wash- ington Coimty, 861. 880 INDIANA HISTORICAL COLLECTIONS Douthitt, John, Clark County, justice of peace, 832; repre- sentative, 828, 829, 831. Dower, writ of, jurisdiction, 69, 519. Downs, Thomas, Clark County, councilor, 112, 825, 831 ; judge, 831, 832; representative, 826, 827, 831; signs laws, 767, 770, 771. Drake, Benjamin, justice of peace, Dearborn County, 836. Drennen, John B., justice of peace, Knox County, 853. Dubois, Jones and, see Jones and Dubois. Dubois, Toussaint, trustee, Ro- man Catholic Church, Vin- cennes, 716, 720. Dubois, William, justice of peace: Dearborn County, 837; Franklin County, 840. Duckworth, Absalom, Posey County, courts held at home of, 530-31. Dueling, 64-65, 442-45. Dufour, Daniel, Switzerland County, director, Vevay Lit- erary Society, 735; trustee. Seminary of Vevay, 679. Dufour, John Francis, clerk and recorder, Switzerland County, 858; justice of peace, Jefferson County, 848; trus- tee, Vevay, 674; mentioned, 540. Dumont, John, Switzerland County, coroner, 858; direc- tor, Vevay Literary Society, 735; justice of peace, 858; trustee, Seminary of Vevay, 679. Dunn, Alexander, prosecuting attorney: Orange County, 854 ; Washington County, 860. Dunn, Isaac, commissioner, sub- scriptions for Lawrenceburg Bridge, 737; county seat com- missioner, Switzerland Coun- ty, 540; judge. Dearborn County, 836; representative. Dearborn County, 828, 835; signs laws, memorials, or res- olutions, 425, 482-509, 801-2 passim; mentioned, 688, 821n. Dunn, Williamson, appointed justice of peace, Jefferson County, 848; captain. Mounted Rangers, 799 ; judge, Jefferson County, 847. Duskill's Mill, 50. Eads, William H., judge, Frank- lin County, 839 ; trustee, Brookville, 437. East, Isaac, justice of peace, Franklin County, 839. Eaton (Ohio), post route from Salisbury, 798. Education, federal land grants for schools, 813; fines under dueling law appropriated to, 445; militia funds for, 425; provision of Ordinance con- cerning, 96; students not ex- empt from militia, 10, 183; tax for, Knox County, 485. See Corydon Seminary, School sections, Vevay, Seminary of, Vincennes University. Elections, acts concerning re- pealed, 236; acts regulating, 225-36, 488-94, 620; clerks: appointment, 227; compensation, 236; duties, 228, 230,231, 620; contested, procedure, 491-92 ; of councilors (1809), 831n; councilors, to fill vacancies, 620; extralegal, 28; fraud, regulations against, 38, 66-67, INDEX 881 Elections (cont.) 231, 233, 234-35, 235-36, 492- 93; hours of, 230, 489; inspectors: appointment, 66, 226; duties, 226, 227, 230, 231, 232-33, 234; judges of: appointment, 227, 488; duties, 227, 231, 232- 33, 234, 490-91; mileage, 236; manner of voting: oral, 7, 67, 77, 490, 620; ballot, 37-38, 67, 229, 230-31; notice of, 234, 490, 491; offi- cials, compensation, 493; poll keepers, 67, 489-90; records, 232-33; returns, how made, 232, 493-94; special, 171, 233-34, 491; votes, how counted, 231-32; when held, 7, 37, 171, 225-26, 488. See Contested elections. Fines, Voters. EUi (Ely?), Abraham, justice of peace, Franklin County, 839. Elliott, Abraham, justice of peace: Dearborn County, 837; Wayne County, 863. Elliott, Robert, Knox County, county seat commissioner, Gibson and Warrick counties, 431-32. Ellison, Robert, justice of peace: Harrison County, 844; Wash- ington County, 860. Embargo, effect on western country, 776-77. Emerson (Emmerson, Ammer- son), Jesse, Gibson County, county seat commissioner, Perry County, 531; judge, 841; justice of peace, 841. English, Joseph, Warrick Coun- ty, county seat commissioner, Posey County, 531. "Enterprise," early river steam- boat, 30. Equity, actions in, jurisdiction in circuit courts, 573-74. Error coram nobis, writ of, cir- cuit court may issue, 69, 519; when forbidden, 571; general court may issue, 478. Erwin, William, justice of peace, Harrison County, 843. Espy, David, 832n. Espy, Hugh, probate judge, Clark County, 832, Estete (Estebb), Isaac, justice of peace, Wayne County, 862n-63n. E stray pen, 19. Estrays, in Lower Prairie, 123; title, when vested in taker-up, 191; reclainxing by owner, 191; repeal of part of act concerning, 191-92. Evans, Jesse, justice of peace, Jefferson County, 848. Evans, Robert M., clerk and re- corder, Gibson County, 842; doorkeeper, Assembly, 827 ; justice of peace, Knox Covm- ty, 852; representative, Knox County, 828, 850. Evans, Thomas, candidate for sheriff, Harrison County, 28n; justice of peace. Orange County, 854. Evansville, 71, 527-28. Evidence, adverse party, exam- ination of, 364-65; depositions as, 265; written instruments, when court to accept as, 456. See Witnesses. Ewing, John, justice of peace, Franklin County, 839; trustee. New Hope Baptist Church, 707, 710. Ewing, John, judge, Knox Coun- ty, 851. 57—49011 882 INDIANA HISTORICAL COLLECTIONS Ewing, Nathaniel, commissioner, destroyed Knox County rec- ords, 543; county seat grant, Warrick County, 71, 527; to receive subscriptions, V i n- cennes bank, 761. Ewing, Samuel, relief act for heirs of, 125, 711-13. Ewing, Thomas, justice of peace, Washington County, 861 ; trustee, to lay out Samuel Ewing estate, 711-13, Exception, bills of, see Bills of exception. Executions, amount recovered not paid over, procedure, 135, 136; appeals, transcripts not filed, 136; bail may cause to issue when, 137; circuit courts may issue, suits in chancery, 583; constables, failure to serve, 134-35, 268; deeds for lands sold, 344; defendants resid- ing in different counties, 537- 38; defendant removing from county, 137 ; or territory, 143- 44; exemptions, 12-17, 60, 133, 374; form to be used by jus- tices of peace, 550-51; jury impaneled when, 137-38, 270- 71; justice of peace disabled, how served, 136-37; order in which satisfied, 135; real and personal property, when bound, 135; property, release on bond, 38-39; real estate of decedents subject to, 120-22; sale of lands, how indorsed, 344; stay of, justice of peace court, 272, 556; tax collectors, not entitled to certain bene- fits, 38-39, 240-41; when levied in one county on judgment from another, 456-57; wit- nesses failing to attend, 265. Executors, letters testamentary, bond required, 495; securities insufficient, procedure, 495-96; letters testamentary revoked, liabilities, 496; written instru- ment necessary as basis for certain actions against, 129- 30. See Abatement and re- vival, Decedents' estates. Exemptions, execution for debt, 12-17, 60, 133, 374; jury duty, 315, 451; militia service, 41, 60, 181, 280, 281, 315, 381, 390-92, 402-3, 451; militia equipment, from taxation or execution, 60, 374; road la- bor, 66, 77, 315, 451, 613-14. Extreme cruelty, cause for di- vorce, 31, 59, 356-57. See Di- vorce. Fallis, Samuel, justice of peace, Switzerland County, 858. Fanisin, David, justice of peace, Clark County, 833. Farmers' and Mechanics' Bank of Indiana, incorporation, 74- 75, 747-54; governor to sus- pend subscription to, 805-6. Faux Chanaille, 124. Fees, act concerning, 160-62; act concerning repealed, 160; attorneys: suits against col- lectors, 167-68; suits in chancery, 73, 583; clerks of court, certificates, appeal cases, 136; clerks, court of chancery, 118-19; clerks, circuit court: 487, 522; action for debt, 536, 538; chancery cases, 584; lists of fines, 626; recording tran- scripts, 631 ; clerks, common pleas: certif- icates, appeals, 268; issuing licenses, sales of merchan- INDEX 883 Fees (cont.) dise, 323; probate, 161-62; transcripts, land lists, 260; constables, summoning jury, 271-72; coroners, 160-61; county treasurers, 288; in- spectors, flour, beef, and pork, 342; judges common pleas, at- tendance tax sales, 319; jur- ors, 272 ; justices of peace: act concern- ing repealed, 160; extra services, 629-30 ; summon- ing jury, 272; transcripts, 266; militia surgeons, 390; notar- ies public, 112; in present- ments or indictments, 165; re- corders, 161, 162; referees, justice of peace court, 628; sheriffs: action for debt, 536; chancery suits, 585; dis- training and advertising property, 262, 318; militia fines, collection, 397-98; taxes, collection, 263, 278, 320, 321, 322-23; serving subpoena, 160-61; taking recognizance of special bail, 569-70; tax listers, 260; witnesses, 40-41. Felony, conviction of, cause for divorce, 59, 356. Fences, in Lower Prairie, 122- 24, 125-26. Ferguson, James, coroner, Clark County, 834; justice of peace, Clark County, 833; trustee, Salem, 724. Ferries, establishment of, 649; ferrymen exempt from militia duty, 60, 391 ; owners or occu- piers, duties, 39-40, 252; own- ers to execute bond, 649; rate of ferriage from Ohio River boats, 78, 650; sale or assign- ment, 650; tax, 57, 310; how vacated, 649. Ferris, Ezra, Dearborn County, justice of peace, 837; repre- sentative, 829, 830, 835; men- tioned, 654. Fetter, Daniel, of Clarksville, relief act for, 104, 705-6. Fieri facias, writ of, when ef- fective, 131; when issued from one county to another, 457. Fines, arson, public buildings, 462; assessment and appro- priation of, 625-26; assign- ments to nonresident attor- neys, 117; auditor: neglecting to reaudit warrants on request, 214; refusing to allow examina- tion of records, 506; auditor's warrants, refusal to receive, 58, 215; clerk, court of chancery, neglecting trans- fer of records, 584; demand- ing excess fees, 585; clerks, circuit courts, neglecting du- ties, 487, 616; clerks, com- mon pleas, neglect of duty, 259, 315, 477-78; clerk, gen- eral court, neglecting trans- fer of certain suits, 563, 565; conscientious objectors, for militia exemption, 281, 391- 92; constables: refusing to exe- cute warrant or summons, 267-68; failing to attend trial, 642-43; counterfeiting, 76, 618-19; county or territorial officers refusing territorial or county bills at face value, 332; coun- ty treasurer, neglect of duty, 277; Decatur Bridge Com- pany failing to keep bridge in repair, 664-65; 884 INDIANA HISTORICAL COLLECTIONS Fines (cortt.) dueling: persons failing to re- cord oaths, 444; persons withholding information on, 444-45; election officials, 66, 226-27, 229, 231, 233, 235-36, 488; elec- tions, persons bartering votes or intimidating voters, 234-35; how estreated from circuit to general court, 478 ; ferry own- ers, 39-40, 252; flour, beef, or pork : owners or agents selling without in- spection, 341 ; adulterating flour, 342; altering or eras- ing brands, 343; inspectors overcharging, 342; forgery, 618-19; Indian trade, persons violating regulations, 150, 151; Indians, persons as- sisting against whites, 23, 150-51; judges circuit courts, neglect of duty, contested elec- tions, 492; judges common pleas, neglect of duty, 259, 277; jurors failing to attend, 272, 436; justices of peace: failing to execute writ of certiorari, 243; refusing to pay over fines, 246-47, 556; road fines, failure to collect, 482 ; liquor, persons vending at musters, 29, 183; listers of taxes, neglect of duty, 259-60, 485 ; merchandise venders, un- licensed, 274, 323-24; naviga- tion, persons blocking, 299- 300, 300-1; negroes or mulat- toes, persons removing ille- gally, 138-39; nonresident at- torneys practicing in territory, 22-23, 116-17; persons neglect- ing duties in removal of capi- tal, 26, 338; practicing physi- cians, acting as judges, 65, 480; provision of Ordinance concerning, 95; public officers, persons failing to assist, 462; referees, justice of peace court, refusing appointment or neglecting duty, 628; road la- bor, nonperformance, 29, 170; road officials, neglect of duty, 615; sheriffs: election duties, neg- lect of, 226; excess fees, 319, 585; judges, failing to notify of special court, 436; road duties, neglecting, 616; tax duties, neglecting, 319, 353, 487; supervisors of roads, neglect of duty, 610-11; swindling, 606, 607, 608; tavern keepers, 302; tax commissioners, neg- lect of duty, 315; tax lists, persons refusing to make, or making fraudulent, 256, 313; timber, persons trespassing by cutting of, 355-56; toll keep- ers, Hogan Creek bridge, de- manding excess tolls, 665-66; town plats, failure to record, 31, 217; treasurer, refusing to allow examination of records, 506; trespassing on public property, 462; witnesses, non- attendance, 40, 265, 492. Sec Militia. Finney, James, nominated for Council, 824n. Fisher, George, councilor, Ran- dolph County, 825; nominated for Council, 824n; representa- tive, 823, 824. Fisk, Abraham I., justice of peace, Jefferson County, 848. Fisk, James, appointed judge, 820n. Fleming, Peter, judge, Wayne County, 862. INDEX 885 Fletcher, John, prosecuting at- torney: Perry County, 855; Warrick County, 859. Flinn, William, justice of peace, Jackson County, 846. Flint, Joseph, justice of peace, Wayne County, 863. Flint, William, justice of peace, Knox County, 852. Flour, beef, and pork, inspec- tion, 341-43, 445-46; ware- houses, 343-44. Floyd, Davis, Clark County, al- lowance to, stationery, 498- 99, 566, 654; auditor public accounts: 821; allowance for supplies, 499; certain accounts legalized, 500; salary payment, 507; clerk. House, 825; commis- sioner to select site for cap- ital, 154; interest in salt spring, 816; prosecuting attorney: Perry County, 855; Posey County, 856; Warrick County, 859; recorder, Clark County, 834; representative, Clark County, 823, 824, 831; sheriff, Clark County, 834; treasurer, Indiana Territory: 821; authorized to audit certain claims, 688; men- tioned, 811; trustee, Coi-ydon Seminary, 729. Forgery, act to prevent, 76, 618-19. Fort Harrison, 42. Fort Recovery, 5, 6, 99. Fort Wayne, 10, 42. Foster, Chambers, justice of peace, Dearborn County, 837. Fouts, David, justice of peace: Clark County, 833; Washing- ton County, 861. Franklin County, foi-mation, 10, 11-12, 108-10, 190, 838; apportionment: House (1810), 22, 171; (1813-14), 65, 455; Legislative Council (1814), 68; clerk of circuit court to serve as clerk, general court, 563; county seat, Brookville, 31, 218-19; circuit courts: length of ses- sion, 557 ; reorganization, 475, 518; rules of practice, 69-70; when held, 189-90, 282, 363, 479, 557; courts of common pleas: erec- tion of public buildings, duties, 109-10; to fill va- cancies, county seat com- missioners, 110-11; to su- pervise opening of White- water, 43, 298, 300; when held, 188-89, 282, 362; election of judge, 838n-39n; jail, 32n; officers, 838-40; sheriff, extension of time for collection of taxes, 648; tax rate, 57; temporary county seat. 111. Fraud, see Elections, Swindling. Frauds and perjuries, assign- ments, contracts, leases, etc., writing required when, 129- 30; judgments, date of to be recox'ded, 130-31; merchandise, sale of, when binding, 130. Fredericksburg, 45. French, Daniel, relief act for, 79, 655-56. French, Richard, justice of peace, Harrison County, 844. French, descent and conveyance of property, 92 ; election diffi- culties at Vincennes, 38. Fugit, John, justice of peace, Franklin County, 839. 886 INDIANA HISTORICAL COLLECTIONS Fuller, Salmon, justice of peace, Clark County, 833; relief act for, 104, 705-6. Fulton, Robert, incorporator, Ohio Steamboat Navigation Company, 10, 11, 714-15. Fulton, Samuel, justice of peace, Dearborn County, 836. Fulton, Thomas, judge. Orange County, 854. Gaines, General Edmund P., 805. Galy, Marian (Mariann), see Mariann Bomand. Gamble, William, justice of peace, Knox County, 853. Gamelin, Pierre, judge, Knox County, 850; death, 850. Gayness, Thomas T., justice of peace. Dearborn County, 836. Gelwick, Andrew, justice of peace, Clark County, 833. General Assembly, allowance for: candles, 499, 507, 655, 690-91; firewood, 59, 173, 174, 253, 287, 366, 499, 655; rent, 40, 59, 174, 253, 359, 366, 654, 690-91 ; stationery, 40, 113, 173, 1V4, 253, 287, 358, 498-99, 566, 654-55; table, 174; appointments, commissioners for fixing county seats, 325; composition, 6-7, 94, 99; dis- rupted by division of terri- tory, 8-9 ; doorkeepers: listed, 823, 824, 825, 826, 827, 828, 830; compensation of, 187-88, 249, 334, 497, 548; first convened, 6; how con- vened, prorogued, or dissolved, 94, 99; joint resolutions and memo- rial s : apportionment, 8-9, 767, 768-70; Henry Batman, relief of, 804; Major Gen- eral Jacob Brown, thanks to, 804-5 ; capital, land grant for, 24, 154, 772-74; disso- lution of legislature, 767- 68; governor, appointment, 770-71, 795-96; Harrison, thanks to, 30, 784; Indians, protection against, 42, 793- 95; judges of general court, duties, 66, 70, 801-2, 808-10; land office, Brookville, 26-27, 774-76; land purchasers, re- lief to, 42-43, 776-80, 790- 92, 806-8; Lieutenant Sam- uel Littell, relief of, 803-4; manufacturers, relief of, 814-15; militia, remunera- tion of, 797-98, 811; Mount- ed Rangers, remuneration of, 803; Ohio, state-line road, 81, 687; post route, Salisbury to Eaton, 798; salt spring, 816; sheriffs, election of, 27, 772, 778; statehood, 41, 787-88, 811- 14; suffrage, extension of, 780-83; Vincennes and Mad- ison banks, subscriptions to, suspended, 805-6; Vin- cennes University, confir- mation of land titles sold by trustees of, 792-93; White- water River, navigation of, 43, 790; widows and or- phans, Tippecanoe, relief of, 30, 785-86; journals of House and Coun- cil, extracts from, to be fur- nished, 788-89; powers under Ordinance and federal laws: to alter law of descent, 91-92; to alter INDEX 887 General Assembly (cont.) laws of governor and judges, 93, 99-100 ; to appor- tion representatives, 8; to elect delegate to Congress, 95, 99; to regulate and de- fine powers and duties of civil officers, 93, 99; records, resolution for preser- vation of, 811; refuses steam- boat monopoly, 11; rules of procedure, printing of, 174; sessions: (1805), 822-23; (1806), 823-24; (1807), 824-25; (1808), 825; (1809), 8-9, 767-68, 768-70, 825-26; (1810), 9-29, 826; (1811), 25-26, 29-41, 827; (1813), 26, 42-59, 827-28; (1813- 14), 59-68, 828; (1814), 68- 76, 829-30; (1815), 76-82, 830; time of meeting, 361, 504, 586. iSee House of Representatives, Legislative Council. General fund, transfers to, 239- 40, 250-51. Gibbs, Justus, Dearborn County, coroner, 838; justice of peace, 836. Gibson, John, judge, Clark Coun- ty, 831. Gibson, General John, acting governor, 26, 42, 797-98, 800, 819n ; allowance to : copying and transmitting certain laws, 566; distributing laws, 289; justice of peace, Indiana Ter- ritory, 863; secretary, Indi- ana Territory, 819; signs laws and resolutions, 1813 session, 298-366 passim; trus- tee, Indiana Church, 192; mentioned, 807. See Secre- tary, Indiana Territory. Gibson, John, Jr., recorder, Knox County, 854. Gibson County, formation, 58, 348-50, 840; apportionment: H o u s e, 65, 455, 841n ; Legislative Council, 68, 840n; boundary changes, 530, 604-5, 643; circuit courts: length of ses- sion, 557; reorganization, 475, 518; when held, 363, 479, 557; courts of common pleas: to regulate tolls, Patoka River bridge, 434; when held, 362; county seat commissioners, 431-32; officers, 840-42; pub- lic buildings, 349; temporary county seat, 58, 350. Gill, Robert, justice of peace, Knox County, 852. Gill, Samuel, justice of peace, Knox County, 852. Gilliland, John, justice of peace, Switzerland County, 858. Gilliland (Gilleland), Thomas, trustee, Vevay, 674. Glenn, John, justice of peace, Orange County, 854. Glover, Joseph, justice of peace. Orange County, 854. Golay, Elisha, director, Vevay Literary Society, 735; justice of peace: Jefferson County, 848 ; Switzerland County, 857; representative, Switzerland County, 830, 857; trustee. Seminary of Vevay, 679. Goodwin, Amos, justice of peace, Clark County, 834. Goodwin, William, judge, Clark County, 831, 832. Goodwin, Willis W., clerk and recorder, Posey County, 857; 888 INDIANA HISTORICAL COLLECTIONS Goodunn, Willis W. (cont.) justice of peace, Clark Coun- ty, 833 ; relief act for, 39, 243- 44, 466; sheriff, Clark County, 18, 834; and others, appeals against removal of county seat, Clark County, 18-19. Governor, appointed, 6, 92, 98, 99; appointive power, 27-28, 93, 99; appointments : associate judges, 475-76; chancellors, two additional, 366; circuit judges, 519; clerks, circuit courts, 476-77, 522, 647; prosecuting attorneys, 117; territorial treasurer, 468; capital removal, duties, 328; commander in chief, militia, 93, 99; commission to select capital site, duties, 154, 155, 156-57 ; communications to president, 98; contingent fund, 174, 253, 361, 423, 498, 548; counties, to erect, 93, 99; dueling, forbidden, 443; elec- tions, councilors, to announce result, 494; freehold estate, 92, 99; General Assembly, to convene, prorogue, and dis- solve, 94, 99 ; Illinois boundary survey, duties, 159; Indian trade: to issue licenses for, 23, 149; not to be con- cerned in, 151; Indian treaties, may issue ar- dent spirits at, 151; lawmak- ing powers, 6, 92-93, 94, 99; memorial to Congress on ap- pointment of, 795-96; militia general officers, nomination of, 61n, 378-79; oath of office, 94-95, 99; residence, 26, 92, 99, 339; special elections, to issue writs for, 94, 99, 171-72, 233 ; superintendent of Indian affairs, 99; term, 92, 99; trad- ing posts, to designate, 150; vacancy of office, 98; Vin- cennes lottery, to receive bonds for, 106. See John Gib- son, William Henry Harrison, Thomas Posey. Graddy, John, judge, Posey County, 856. Graeter, Frederick, justice of peace, Knox County, 853. Graham, Daniel, judge, Clark County, 832. Grand jury, courts common pleas, special sessions, 435-36; how simimoned, 569; roads, examination of, 345. Grass, Daniel, judge, Warrick County, 858; justice of peace, Knox County, 852. Gray, Jesse, Jefferson County, 688. Green, Elizabeth (Purcell), di- vorce, 64, 472-73. Green, Henry, justice of peace, Harrison County, 844. Green, Jonah, divorce, 64, 472- 73. Gregory, James, justice of peace. Orange County, 854. Griffin, Anthony, justice of peace, Gibson County, 841. Griffin, John, judge, general court, 819, 819n-20n. Gristmills, fortifications for channel, 653; persons wishing to erect, when entitled to ad quod damnum, 652; tolls, 23, 653 ; when public, 23, 153. Guard, David, 671. Guard, Ezra, justice of peace. Dearborn County, 837. Guest, Job, judge, Clark County, 831. INDEX 889 Gwathmey, Samuel, register land office, 175, 279, 359, 830n- 31n; clerk, Clark County, 834; councilor, 822, 823, 824, 825, 830, 830n-31n ; justice of peace, 833; recorder, 834. Habeas corpus, writ of, circuit courts may issue, 69, 519, 568-69 ; when forbidden, 571; courts of common pleas : when to issue, 241; act concern- ing repealed, 603-4; general court may issue to circuit court, 478; persons confined for criminal offenses, 436; pleading to return made upon, 571-72; provisions of Ordinance concerning, 95. Hadden, John, Knox County, commissioner to select site for capital, 154; candidate for representative, 826n; repre- sentative, 826, 850. Hagglin, Spencer, justice of peace, Clark County, 834. Halberstadt, Anthony, coroner, Franklin County, 840. Halbert, Joel, judge. Orange County, 854. Hall, John, justice of peace, Franklin County, 839. Hall, William, justice of peace, Jefferson County, 848. Hamia (Hanna?), John, justice of peace, Franklin County, 840. Hamilton, James, Dearborn County, recorder, 838; sheriff: 837, 837n-38n; allow- ance for election services, 246; relief act for, 39, 238- 39; repealed, 345-47. Hammond, James D., justice of peace. Perry County, 856. Hanna, Robert, Jr., sheriff, Franklin County, 32n, 360, 840. Harbin, Sally, see Sally Beckes. Harbison, John, councilor: Har- rison County, 826, 827, 828, 842; Harrison and Clark, 829, 830, 831, 842; trustee to lay out Samuel Ewing estate, 711-13. Hardin, Jacob, judge, Knox County, 850. Hargrave, Hezekiah, justice of peace, Warrick County, 859. Hargrove, Captain William, of Mounted Rangers, remunera- tion for, 799-801. Harlan (Harlin), George, Dear- born County, trustee. New Hope Baptist Church, 707, 710. Harlan, Joshua, judge, Frank- lin County, 838, 839; trustee, Brookville, 437. Harland, William, judge, Wajme County, 862. Harmin, David, trustee, Salis- bury, 666. Harrington, William, Gibson County, courts to be held at house of, 58, 350; judge, 841. Harris, Tyse (Tyre), justice of peace, Washington County, 861. Harrison, Christopher, judge, Harrison County, 847; justice of peace, Jefferson County, 848; representative, Jefferson County, 830, 847; to receive subscriptions, Madison bank, 752. Harrison, Edmond, justice of peace, Franklin County, 840. Harrison, Nicholas, judge, Clark County, 831. 890 INDIANA HISTORICAL COLLECTIONS Harrison, William Henry, ap- pointed governor, 6, 819; ap- pointive power, 27-28, 838n- 39n, 844n-45n; army appoint- ments, 819n; at Battle of Thames, 59; opposition to, 24, 27; plantation, boundary of Borough of Vincennes, 732; proclamations, 8, 9, 17, 769; reappointment asked by As- sembly, 770-71; resignation, 26, 42, 819n; resolution of thanks to, 30, 784; signs laws and resolutions, 1809, 1810, 1811 sessions, 105-289, 706-23, 767 passim; veto, removal of capital, 25. See Governor. Harrison County, formation, 842; apportionment: House (1809), 8, 767, 769; (1810), 9, 22, 171; (1813-14), 65, 455; Legislative Council (1814), 68; associate judges, allowance to Daniel French authorized, 656; boundary changes, 126- 27, 446; claim of Dennis Pen- nington against, 689-90; circuit courts: length of ses- sion, 557; reorganization, 475, 518; when held, 189- 90, 283, 479, 557; contested election, 827n ; courts of common pleas, when held, 188, 362; election, sher- iff, 28n; jail, 32n; officers, 842-46; tax arrearages, 220- 21; vote for territorial dele- gate (1809), 7n. Hart, Absalom, justice of peace, Harrison County, 844. Harwood, William, judge, Clark County, 831. Hay, Andrew P., trustee, Charlestown, 463. Hay, John, Clark County, justice of peace, 833. Hay, John, St. Clair County, councilor, 822, 822n-23n. Hay, John D., recorder, Knox County, 854 ; records de- stroyed in fire at home of, 72- 73, 543, 655, 728; to receive subscriptions, Vincennes bank, 761. Hay, Samuel, sheriff, Clark County, 834. Hayes, Caleb, incorporator, De- catur Bridge Company, 660. Hayes (Hays?) Samuel, door- keeper. General Assembly, 12, 113, 824, 825, 826. Hays, Samuel, coroner, Knox County, 854. Hazleton, Gervas, justice of peace, Gibson County, 841. Heirs, see Abatement and re- vival. Helm, William, justice of peace, Franklin County, 840. Henderson, Eli, justice of peace, Franklin County, 839. Hendricks, William, allowance to: furnishing copies of jour- nals to Elihu Stout, 335; postage, 497; printing laws, 499; services in impeach- ment case, 811; attorney for United States, 820, 829n; clerk. House, 828, 830; prosecuting attorney: Jeffer- son County, 847; Switzer- land County, 857; rep re sentative, Jefferson County, 828, 829, 847; in Congress, 82n, 820n; signs private laws and memorials, 1814 session, 727-63, 805-10 passim. INDEX 891 Henly, Jesse, justice of peace, Clark County, 833. Heth, Harvey, Harrison County, commissioner to select site for capital, 154; councilor, 113, 825, 842. Heth, Richard M., allowance to, candles, 507; clerk, Harrison County, 844; recorder, 846; trustee, Corydon Seminary, 729; mentioned, 506, 845n. Higgins, Thomas, justice of peace, Warrick County, 859. Highways, see Roads. Hillis, David, Jefferson County, relief act for, 433. Hilton, John, justice of peace, Clark County, 833. Hobin, George, see George To- bin. Hogan, Edmund, justice of peace, Gibson County, 841; toll bridge, 434-35. Hogan Creek, bridge, see Deca- tur Bridge Company. Hoggatt, Moses, judge, Wash- ington County, 860; justice of peace, Harrison County, 843; representative, Harrison County, 113, 826, 842. Hoggatt, William, clerk and re- corder. Orange County, 855; representative, Harrison County, 827, 842; sheriff, Washington County, 861. Hogs, tax, 82, 690. Hogue, John, relief act for, 164, 721-22. Hollowell, Henry, justice of peace, Orange County, 854. Hollowell, Jesse, justice of peace: Knox County, 853 ; Orange County, 854. Holman, George, county seat commissioner, Wayne County, 110. Holman, Jesse L., county seat commissioner, Switzerland County, 540; councilor. Dear- bom and Jefferson counties, 829, 835, 847; incorporator, Decatur Bridge Company, 660; presiding judge, second and third circuits, 822, 829n; proprietor, Decatur, 79n; prosecuting attorney : Dear- born County, 836; Jefferson County, 847; representative. Dearborn County, 828n, 829, 835; signs private laws and memorials, 1814 session, 727-63, 805-10 passim. Holman, Joseph, representative, Wayne County, 829n, 830, 862. Holmes, Hugh, justice of peace. Orange County, 854. Holt, Jacob S., justice of peace, Clark County, 834. Hoover, David, county seat commissioner, Franklin Coun- ty, 109; judge, Wayne Coun- ty, 862; justice of peace: Dearborn County, 837 ; Wayne County, 862. Hoover, Henry, justice of peace, Wayne County, 863. Hope, Adam, justice of peace, Gibson County, 842. Hopkins, Henry, sheriff and coroner, Gibson County, 842. Hopkins, Major General Sam- uel, 803. Homer, Jacob, coroner. Dear- born County, 838. Horse racing, tax, 82, 690. Horse thieves, 31, 211, 212. Horses, taxes, 56, 310. Hosatt, Messhack, justice of peace, Jefferson County, 849. 892 INDIANA HISTORICAL COLLECTIONS House of Representatives, ap- portionment: (1809), 8, 767, 769; (1810), 9, 22, 171; (1813-14), 65, 454-55; (1814), 72, 532, 541; act of 1810 repealed, 455-56; rate of, 93, 100; clerks: listed, 823, 825, 826, 827, 828, 829, 830; compen- sation, 113, 187, 249, 334, 497, 548; required to fur- nish transcripts from jour- nal, 788-89; contested elections, 827n, 829n; councilors, to nominate, 6, 94, 99; members: listed, 823-30; com- pensation, 12, 12n, 112-13, 187-88, 249, 334, 497, 547; elected when, 171, 225-26, 488; how elected, 6, 7, 37, 102, 226; number, 8, 100; qualifications, 7, 28, 64, 93- 94, 99, 172, 442-43, 492, 493; term, 94, 99; speaker, to certify compensation ac- counts of members, 188, 249-50, 335, 497-98, 547; special session, reapportion- ment of Council, 68, 829; va- cancies, how filled, 94, 99, 171- 72, 233-34, 455. See Con- tested elections. General As- sembly. Houses, see Mansion houses. Howard, Brigadier General Ben- jamin, 42n. Howard, Joseph, justice of peace, Jefferson County, 849. Howe, Ebenezer, justice of peace, Franklin County, 840. Huckleberry, Martin, coroner, Clark County, 834; relief act for, 656. Huddleson, Job, trustee, Center- ville, 682. Huff, Abraham, judge: Clark County, 831, 832; Knox Coun- ty, 850. Huff, William T., justice of peace, Franklin County, 840. Hughes, James, Clarksville, re- lief act for, 104, 705-6. Hulick, Barent, judge. Dearborn County, 835, 836. Hunt, George, clerk and re- corder, Wayne County, 863 ; trustee, Salisbury, 666. Hunt, Jeremiah, judge, Dear- born County, 835, 836. Hunt, Nathaniel, judge, Jeffer- son County, 847; to receive subscriptions, Madison bank, 752. Hunter, Edmund, justice of peace, Washington County, 861. Hunter, Edmund C, justice of peace, Washington County, 861. Hunter, John, relief act for, 354-55. Hunter, William, printer of early laws, 83. Hurst, Elijah, justice of peace, Harrison County, 844. Hurst, Henry, allowance to, services in contested election, 134; clerk, Council, 114, 823, 825, 826; clerk, general court, 821; prosecuting attorney: Clark County, 832; Harrison County, 843. Hurst, John, Jr., Harrison Coun- ty, coroner, 845; letter to Posey on county jail, 32n; sheriff, Harrison County, 28n, 845. Huston, Alexander, justice of peace, Washington County, 861. INDEX 893 Huston, Samuel, Washington County, judge, 860; justice of peace, 861. Illegitimate children, support of, 145-48. Illinois Territory, formation, 4, 8, 102-3; Indiana boundary, proposed survey, 158-59; tax arrearages at time of forma- tion, 167-68. Impeachment, 646-47. See Isaac Shelby. Imports, 273, 308. Impotency, cause for divorce, 31. Imprisonment, apprentices re- fusing to return to masters, 166; arson, persons commit- ting, 462; bail, persons refus- ing to procui'e, 436; for debt, 32-37, 143-44. elections: officials, 233; per- sons committing or inciting to fraud, 234-35; illegitimacy cases, 146, 148; militia, refusing tour of duty, 412-13. See Jails, Prison bounds. Incorporations, see Centerville, Charlestown, Corydon Semi- nary, Decatur Bridge Com- pany, Farmers' and Mechan- ics' Bank of Indiana, Indiana Church, The, Lawrenceburg, Lawrenceburg Bridge Com- pany, Lexington, New Hope Baptist Church, Ohio Steam- b o a t Navigation Company, Roman Catholic Church, Vin- cennes, Salem, Salisbury, Ve- vay, Vevay, Literary Society of, and Seminary of, Vin- cennes. Bank of, and Borough of. Indiana Church, The (Presbyte- rian, Vincennes), incorpora- tion, 23, 120, 192-94. Indiana Manufacturing Com- pany, of Lexington, 607. Indiana Territory, formation, 4, 5, 99-100; boundary changes, 4-6, 100-1, 101-2, 102-3; cen- sus, 41, 587-88; claims against, how audited, 214-15, 330-33; defense for frontier, 42, 42n, 793-95; delegates to Congress, 821; enters second grade, 6; exports, 779; Illi- nois boundary, proposed sur- vey, 158-59; lands attached to Cincinnati district, 26-27; officers, dying or resigning, salaries how audited, 688; officex-s, listed, 819-21; popu- lation, 7, 9, 10; statehood, memorials for, 41, 787-88, 811- 14; relations with Vincennes and Madison banks, 74-75, 752-53, 754, 761-63, 805-6. See Attorney general. Auditor of public accounts. Capital, Chancellor, General Assembly, Governor, Secretary, Treas- urer, U. S. Congress. Indians, cessions, 9-10; provi- sions of Ordinance concerning, 93, 96; regulation of trade with, 23, 149-51; relations with, 10, 26, 29-30, 42, 149, 790-92, 793-94, 806-7; super- intendent of Indian affairs, 99. Indictments, costs, prosecution failing or defendant unable to pay, 164-65; pleading, 38, 237-38; United States to be deemed prosecutors in courts of record, 164; voluntary in- formers to indorse, 65, 448. Informers, voluntary, see Indict- ments. 68—49011 894 INDIANA HISTORICAL COLLECTIONS Ingram, John, 31n. Injunctions, circuit court may issue, chancery cases, 573-74; procedure, 579-81. Innkeepers, 29, 183. Inns, see Taverns. Inquiry, writ of, in action for debt, 535. Insane persons, examination of, 650-51; guardians, 651, 651- 52; property, court may sell for support of, 651; without property, entitled to relief as paupers, 652; sale or convey- ance by, void, 650; suits against, procedure, 651-52. Inspectors, flour, beef, and pork, appointment, 341; oath, 341; compensation, 342 ; duties, 342-43. Intoxicating liquors, forbidden at militia musters, 29, 182- 83 ; sale by unlicensed persons, 56 ; sale to Indians, how regu- lated, 23, 150, 151. See Al- coholic beverages. Ireland, John, justice of peace: Dearborn County, 837 ; Wayne County, 862. Iron, 308-9. Ives, Nancy, see Nancy Whit- ford. Ives, Nehemiah, marriage legal- ized, 727-28. Jack, James, justice of peace, Harrison County, 843. Jack, Samuel, county seat com- missioner. Orange County, 644; justice of peace, Harri- son County, 843n. Jackson, Ezekiel, justice of peace. Dearborn County, 837. Jackson County, formation, 76, 601-2, 846; circuit courts, when held, G46; county seat commissioners, 602 ; officers, 846; proposed addition to, 603 ; temporary county seat, Vallonia, 603. Jacobs, Joseph, justice of peace, Clark County, 833. Jails, building and repair of, 19; insecurity of, 32n ; at Charlestown, 18-19, 140. James, Pinkney, 738. Jeffers, Runnels, justice of peace. Perry County, 855. Jefferson County, formation, 10, 11, 104-5, 847; apportionment: House (1810), 22, 171; (1813-14), 65, 455; Legislative Council (1814), 68, 847n; boundaries: changes, 538-39, 541-42, 601-2; northern boundary, 603; circuit courts: length of ses- sion, 557; reorganization, 475, 518; when held, 189- 90, 283, 363, 479, 557; claim of John Vawter against, 688-89; court of common pleas, when held, 188, 189, 362; county seat, Madison, 105; election, judge common pleas, 28n; militia, 433; offi- cers, 847-49; taxes, 57-58. Jeffersonville, act for regulation of, 473-74; county seat, Clark County, 17-20 ; county seat re- moval, 139, 217; proposed lo- cation of capital, 26; men- tioned, 31, 80. Jenkins, James, see James Jun- kins. Jennings, Jonathan, assistant clerk. House, 825; candidacy, delegate to Congress, 38; cir- cular letter on Rangers, 799; delegate to Congress, 821, 821n-22n ; governor, 822n ; INDEX 895 Jennings, Jonathan (cont.) resolutions to: on extension of suffrage, 27; on making sheriffs elective, 27, 772. Jeofails, 458. Johnson, Charles, justice of peace, Clark County, 833. Johnson, James, judge, Knox County, 850; treasurer, Indi- ana Territory, 359, 500, 821. Johnson, John, clerk, House, 827; councilor: Knox County, 827, 828, 849; Knox and Wash- ington, 829, 830, 849, 860; justice of peace: Gibson Coun- ty, 841; Knox County, 852; prosecuting attorney: Gibson County, 841 ; Warrick Coun- ty, 859; representative, Knox County, 113, 823, 824, 826, 849. Johnston, General Washington, Knox County, allowance for indexing laws, 106-7; appeal against slavery, 21-22; attor- ney general, 820; auditor, 359, 821; clerk. House, 823; justice of peace, 852; prose- cuting attorney, 851 ; representative: 113, 824, 825, 826, 827, 850; contested election, 119; on committee for printing laws, 163-64, 185-86, 208; and journals, 185; signs laws, resolutions, and memorials, 1809, 1810, 1811 sessions, 107, 172-289, 706, 723, 767-80 passim; treasurer, Indiana Territory, 507, 821 ; welcomes Harrison, 30. Joint Resolutions, see General Assembly. Jones, Jabez, justice of peace, Knox County, 852. Jones, James G., coroner, War- rick County, 859; justice of peace. Perry County, 855, Jones, John Rice, attorney gen- eral, 820; councilor, Knox County, 822, 823, 824, 825, 849. Jones, Lewis, justice of peace. Dearborn County, 837. Jones, Peter, auditor, Indiana Territory, 175, 821; judge, Knox County, 850, 851; rep- resentative, 826, 827, 850. Jones, Rice, representative, Ran- dolph County, 825. Jones, Samuel, coroner, Posey County, 857. Jones, William, clerk. House, 113, 825, 826; councilor, Knox County, 826, 827, 849; justice of peace, 852; on committee for printing of laws, 163-64, 185-86, 208; and journals, 185; to receive subscriptions, Vincennes bank, 761. Jones and Dubois, allowance to for stationery, 40, 253, 287, 358. Jordan, Ephraim, judge, Knox County, 850, 851. Jouette (Jouett), Charles, jus- tice of peace, 863. Journals of House and Council, 169, 185, 788-89. Judges, distrust of, 65, 457; fines, to whom paid over, 625, 626; ineligible, as county treasurers, 275 ; to seat in As- sembly, 493 ; judgments, to re- cord date of, 130-31; militia officers, to administer oath to, 561; qualifications, 64-65, 443, 480; circuit court, associate: ap- pointment, 475-76, 519 ; compensation, 69, 475-76, 896 INDIANA HISTORICAL COLLECTIONS Judges, circuit courts (cont.) 519-20; criminal cases, when not to try, 69, 518; du- ties of judges of common pleas, county business, transferred to, 475; oath, 520; probate matters, cog- nizance in, 572-73; qualifi- cations, 519; tax lists, to correct, 486; term, 475-76, 519 ; unfinished business from former circuit courts, how handled, 570; when to meet for county business, 558; presiding: appointment, 65, 69, 475-76, 519; assignment, 475; compensation, 69, 475- 76, 519; in first and second circuits, 617 ; criminal cases, when not to try, 69, 518; judge of second cir- cuit to perform duties of judge, third circuit, 617, 822n; list of, 822; oath, 520; qualifications, 518, 519; term, 69, 519; presiding and associate: ap- pointments, judges of elec- tions, 66, 488; prosecuting attorneys, 524 ; attorneys, may license, 522; contested elections, duties, 491-92; court to be held in each county of circuit, 570-71; habeas corpus, procedure, 571-72; probate matters, cognizance of, 617-18; re- cognizances, procedure, 520- 21; cornvwn pleas, appointments: county agent, 327; county treasurer, 275; county seat commissioners, to fill vacan- cies, 328; overseers of roads, 345; prosecuting at- torneys, 449-50; complaints, lists of lands, pro- cedure, 258; county orders, to issue, 276; county seat selec- tion, duties, 326; county tax, to levy, 312; duties trans- ferred to associate judges, cir- cuit court, 475; elections, du- ties, 226, 227, 235; listers of land, to order payment of, 260; ne exeat, procedure, 143- 44; neglect of duty, 236, 259, 277; negroes and mulattoes, to issue certificates for re- moval of, 138-39; road super- visors, to make allowance to, 481-82; sheriffs' bonds, to take, 316; special courts, crim- inal cases, 435-37; special ses- sions, claims against counties, 322; tax lists, to examine, 312; tax sales, attendance, 263, 319; general court, appointment, 98; chancellor may serve as, 172; circuit courts, to preside in, 65, 475; duties, jurisdic- tion, memorial to Congress, 808-10; freehold estate, 92, 99; lawmaking powers, 6, 92- 93, 99; list of, 819-20; ne exeat, procedure, 143-44 ; num- ber, 92, 99; quorum, 92, 99; oath, 94-95, 99 ; relation to cir- cuit court, memorial to Con- gress, 801-2; residence, 92, 99; term, 92, 99; general quarter sessions, to serve as justices of peace, 832n; nisi prius, 283 ; oyer et terminer, 283. See Courts, Poor persons. Justices of peace. Judgments, arbitrations, when entered on, 285; corrections, how made, 458; execution, when to issue, 272, 656, 630; INDEX 897 Judgments (cont.) form to be used by justices of peace, 550, 553, 553-54; order in which satisfied, 135. See Fees, Fines, Frauds and per- juries, Justices of peace. Julian, Isaac, justice of peace, Wayne County, 863, Junkins (Jenkins), James, jus- tice of peace, Wayne County, 863; trustee, Centerville, 682. Juries, on appeals from justices of peace courts, 266-67 ; courts of common pleas, special ses- sions, 436; constables may impanel, when, 270-71 ; exemp- tions from service on, 315, 451; fees, 272; finding plain- tiff in arrear to defendant, procedure, 457; in habeas cor- pus proceedings, 571-72 ; mem- bers failing to attend, 272; suits before justice of peace, 271, 642. Justices of peace, apprentices, ill treated or deserting, pro- cedure, 165-66; assumpsit, ac- tion for, what constitutes, 633-34; capias, may issue when, 632; constables, may appoint, 629; copies of pro- ceedings, to furnish on re- quest, 628; covenant, action for, what constitutes, 633; debt: actions of cognizable before, 264; procedure, 466- 67; what constitutes, 633; defendant failing to appear, procedure, 270; disabled, pro- cedure, 136-37, 269; election records, duties, 232-33; fines collected, to whom paid over, 556, 625, 626; forgery and counterfeiting, duties concern- ing, 619; forms for use of, 548-56, 634-42; illegitimacy cases, duties, 145-48; judges of quarter sessions empow- ered to act as, 832n; judgments : appeals from, 136, 265-67, 478, 524, 556, 568, 642; confessed before, procedure, 630-31; by de- fault, rehearing when granted, 629 ; defendant not appearing, 628-29 ; execu- tion when to issue, 272, 556, 630; transcripts, 136, 266, 268, 269, 631; when final, 630; jurisdiction: concurrent with circuit courts when, 627; extended, 77-78, 271, 556, 626-43; jury, to summon when, 271, 642; may serve in Assembly, 28, 493; militia officers, to ad- minister oath to, 561; ne exeat, when issued, 143; ne- groes, to issue certificates for removal of, 138-39; nonresi- dents bringing suit, procedure, 632; pauper oath, to adminis- ter, 304; referees, to appoint on request, 627, 628; removal from office, 648; road labor, duties, 29, 170, 482, 567, 612; special bail, when to require, 270; supersedeas, when to is- sue, 640; tavern keepers, may fine, or suppress taverns, 302; trespass, action for, what constitutes, 639 ; withholding amount of fines or executions, 136, 246-47, 268-69, 460; wit- nesses, may subpoena, 264-65; writ of certiorari, duties, 242. See Fees, Fines. Kamp (Camp, Kemp), Godlove, Washington County, judge, 860; justice of peace, 861. 898 INDIANA HISTORICAL COLLECTIONS Kaskaskia (Kaskaskies), 3, 92. Keeler, Sandford, justice of peace, Franklin County, 840. Kelso, William, justice of peace, Washington County, 861. Kennedy, Joseph, justice of peace, Knox County, 852. Kercheval, Benjamin B., justice of peace, Knox County, 853. Ketcham (Kelchman, Ketchman, Ketchum), John, judge, Jack- son County, 846; justice of peace, Washington County, 861; mentioned, 602. Kibbey (Kibby), John C, jus- tice of peace, Wayne County, 863; trustee, Salisbury, 666. Kimberlin, Abraham, justice of peace, Clark County, 833. Kindle, Thompson, justice of peace, Harrison County, 844. Kinsey (Kinzie), John, justice of peace, Knox County, 851. Kintzee (Kinzie), J., justice of peace, Indiana Territory, 863. Kinzie, John, see John Kinsey, and J. Kintzee. Kitchell, Harry, justice of peace, Jackson County, 846. Kitchell (Kitchel) , Joseph, judge, Jackson County, 846; judge, Washington County, 860; acts as judge, Washing- ton County, legalized, 645. Kitchell, Wickliff, sheriff, Jack- son County, 846. Knight, James, trustee, Brook- ville, 437. Knox County, formation, 849; allowance to, rent, 40, 174, 253; apportionment: House (1809), 8, 767, 769; (1810), 9, 22, 171; (1813-14), 65, 455; Legislative Council (1814), 68; boundary changes, 348, 643; circuit courts: affected by 1813-14 act, 66n; depending actions in chancery court transferred to, 583; records transferred, 583-84; length of session, 557; militia funds, to appropriate for school, 425; reorganization, 475, 518; term, 646; when held, 363, 479, 557; clerk of circuit court to serve as clerk, general court, 563 ; contested elections, 119, 134; court of common pleas: ad- journed, 107; allowance to road viewers, 340 ; relief act for John Hunter, duties, 354-55; when held, 362-63; early extent, 3 ; election frauds charged in, 38; mili- tia, 423-24, 425; officers, 849- 54; petitions, appointment of sheriff, 28n ; records de- stroyed, 72-73, 542-46, 728; school tax, 485 ; sheriff, to no- tify Gibson and Warrick coun- ty seat commissioners, 432; tax arrearages, 220-21, 244- 45; vote for territorial dele- gate and representatives (1809), 7n. Kuykendall, Abraham, justice of peace, Knox County, 852. Kuykendall (Kuydendoll) , Ja- cob, allowance to, services in contested election, 133-34; coroner, Knox County, 854. Lagow (Lagoe), Wilson, justice of peace, Knox County, 851n; to receive subscriptions, Vin- cennes bank, 761. Lamb, Israel, justice of peace. Perry County, 855. INDEX 899 Lamb, Jeremiah, coroner, Wash- ington County, 861. Lamb, Simeon, associate judge, Washington County, 645, 860; trustee, Salem, 724. Lamb, Solomon, clerk and re- corder. Perry County, 856. Lamphere, David, sheriff. Dear- born County, 837. Land office, memorial to Con- gress for establishment of, 774-76. Lander, Abraham, justice of peace, Knox County, 852. Lands, assessed quadrennially, 40, 254; county tax, 77, 278, 608-9; how listed for taxes, 255-57, 260-61, 310-12, 485-86, 612; how rated for taxation, 40, 56-57, 260-61, 286-87, 310, 311; owners may appeal on tax appraisement, 312; pub- lic, seven per cent on sale of asked for territory, 812 ; relief for purchasers asked, 42-43, 776-80, 790-92, 806-8; sale for taxes, 262, 263, 318-19, 320- 21, 487. See Listers of land. Tax commissioners. Lane, Amos, prosecuting attor- ney, Franklin County, 839. Lane, Daniel C, judge, Harri- son County, 843. Lawrenceburg, incorporation, 79-80, 671-74; proposed loca- tion for capital, 26; men- tioned, 10, 31. Lawrenceburg Bridge Company, incorporation, 75-76, 737-47; extension of time for sub- scriptions, 671; no other bridge or ferry to be estab- lished near, 671. Laws, distinction between pub- lic and private, 84-85; how enacted, 6, 94, 99; militia law. separately printed, 60, 185-86, 499 ; printing and distribution, 83-84, 106-7, 163-64, 169, 185- 86, 208, 279-80, 287-88, 289, 360, 499-500, 565-66, 586-87, 653-54, 691; private, printed by title only, 73-74, 169, 587, 703; provisions regarding ex- isting (1816), 12; (1851), 16; road law, separately printed, 616; subject to approval of Congress, 93, 99. Lazenby, John C, 846n. Leases, of school sections, 131- 32. See Frauds and perjuries. Lee, Moses, justice of peace. Orange County, 854. Leech, George, allowance, judge contested election, 119; judge, Knox County, 850, 851. Leer, Jacob, justice of peace, Jefferson County, 849. Legislative Council, apportion- ment, 68, 532, 541, 645; clerks: listed, 823, 825, 826, 827, 828, 830; compensation, 114, 187, 249, 334, 497, 548; contested elections, 134; members: listed, 822-30; ap- pointed, 6, 94, 98; compen- sation, 12, 12n, 112-13, 187- 88, 249, 334, 497, 547; elect- ed, 7, 8, 37, 226; number, 94, 99; oath of office, 94- 95, 99; qualifications, 6-7, 28, 64, 94, 99, 172, 442-43, 492, 493; term, 94, 99; president, to certify compen- sation accounts of councilors, 188, 249, 335, 497, 547; quo- rum, 94, 99; secretary, re- quired to furnish transcripts of journal, 788-89; vacancies, how filled, 94, 99, 233-34, 620, Legislature, see General Assem- bly. 900 INDIANA HISTORICAL COLLECTIONS Lemon, James, Clark County, justice of peace, 832; sheriff, 834. Letchan, Joseph, justice of peace, Knox County, 853. Letters of administration, pro- bate of, 572-73, 617-18. Letters testamentary, probate of, 572-73, 617-18; void with- out bond, 495; insufficient se- curities, procedure, 495-96 ; when repealed, 496. Levingston, John, justice of peace. Dearborn County, 836. Lewis, Alexander, justice of peace, Jefferson County, 848. Lewis, Richard, justice of peace, Wayne County, 863. Lewis, Samuel, justice of peace, Harrison County, 844. Lexington, incorporation, 64, 80, 621-25. Libraries, 735, 736. See Vin- cennes Library Company. Licenses, attorneys, 522; ferries, 649, 650; Indian traders, 23, 149; liquor, sale of, 56; mer- chandise, sale of, 273-75, 308, 323-24; taverns, 56. Lilly, William H., justice of peace, Clark County, 834. Lindley, Jonathan, judge, Wash- ington County, 860. Lindley, William, Sr., Washing- ton County, county seat com- missioner, Jackson County, 602; courts held at home of, 447-48, 479. Lindley (Lindly), William, Jr., Orange County, courts held at home of, 644. Lindley, Zachariah, justice of peace: Harrison County, 843; Washington County, 861 ; sheriff. Orange County, 855. Liquor, see Alcoholic beverages, Intoxicating liquors. Listers of land, appointment, 254; compensation, 260; lands, how listed, 40, 255-56; lands, how rated, 286-87; lists de- layed, procedure, 257; neglect of duty, 259; nonresidents, lands of, 257; oath, 255; per- sonal property, assessment of, 255; reports, form of, 257; sheriffs and deputies ineligi- ble as, 255; vacancies, how filled, 255. See Fees, Fines, Listers of taxes. Tax commis- sioners. Listers of personal property, re- lief act for, 339. Listers of taxes, appointment, 485; compensation, 485; neg- lect of duty, 485; procedure, 486. See Listers of land. Tax commissioners. Littell (Little), Absalom, Sr., justice of peace, Clark Coun- ty, 833. Littell (Little), Absalom, Jr., justice of peace, Clark Coun- ty, 834. Littell (Little), John T., justice of peace, Clark County, 833. Littell, Lieutenant Samuel, of U. S. Rangers, memorial for relief of, 803-4. Littell, William D., justice of peace, Harrison County, 843. Little, Alexander, judge, Wash- ington County, 860. Livingston, Robert, incorporator, Ohio Steamboat Navigation Company, 10, 11, 713-15. Local government, see Brook- ville, Centerville, Charlestown, Lawrenceburg, Lexington, Sa- lem, Salisbury, Vevay, Vin- cennes. Borough of. INDEX 901 Long, Abraham, justice of peace, Jefferson County, 848. Lost River, 49n. Lost towns, 45, 54. Lotteries, for Vincennes Li- brary, 105-6. Louisville (Ky.), proslavery in- fluence of, 20. Love, David, clerk and recorder, Posey County, 857. Lowe, William, judge, Washing- ton County, 860. Lower Prairie, near Vincennes, regulation of, 122-24; sepa- rate inclosures allowed in, 125-26. Lucas, Jesse, justice of peace, Washington County, 861. Ludlow, Stephen, commissioner, subscriptions for Lawrence- burg bridge, 737. Lynch, Thomas, justice of peace, Orange County, 854. Lyner, Daniel, justice of peace, Warrick County, 859. Lynn, Daniel, justice of peace. Dearborn County, 837. Lynn, Dann, judge, Posey Coun- ty, 856. Lyon, Jonathan, sheriff, Jeffer- son County, 849. McAfee, John, trustee, to lay out Samuel Ewing estate, 711-13. McAllister, Aeneas, judge, War- rick County, 858; justice of peace, Knox County, 852. McCale (McCabe?), James, jus- tice of peace, Jefferson Coun- ty, 849. McCall, James B., judge, Knox County, 851. McCalla (McCally), Hugh, ap- pointed to Council, 831. McCampbell, James, Clark County, grant, county seat, 140, 141; justice of peace, 833; trustee, Charlestown, 463. McCandless (M'Canless), John, allowance to, stationery and fuel, 173-74; doorkeeper. As- sembly, 826; sheriff, Knox County, 28n, 853; death, 853; administrators and securities of: relief act for, 39, 220- 21 ; to pay over tax moneys for, 483-84; heirs of, relief act for, 251. McCarty, Benjamin, Franklin County, commissioner to se- lect site for capital, 154; judge, 838, 839. McCarty, Enoch, clerk and re- corder, Franklin County, 840; justice of peace, Dearborn County, 836. McCarty, James, justice of peace. Dearborn Coimty, 836. McCarty, Jonathan, justice of peace. Dearborn County, 836. McClean, William, justice of peace, Wayne County, 863. McClintoch, John, coroner, Clark County, 834. McClure, Daniel, judge, Knox County, 850, 851; representa- tive, Knox County, 828, 850; Knox, Gibson, and Warrick, 828, 829, 850. McClure, James, judge, Switz- erland County, 857. McClure, Samuel, relief act for, 164, 721-22. McClure, William, trustee, In- diana Church, 192. McConnell, James, justice of peace, Clark County, 833. McCormick, William, justice of peace, Knox County, 852, 902 INDIANA HISTORICAL COLLECTIONS McCoy (McCay), Thomas, trus- tee, Centerville, 682. McCrery, John, justice of peace, Gibson County, 841. McDaniel, James, Sr., judge, Perry County, 855; justice of peace, Knox County, 851n. M'Donald, James, Perry County, courts held at home of, 531. McDonald, John, justice of peace, Knox County, 852. McDonald, John, surveyor, 155. McDonald, Peter, Clark Coun- ty, coroner, 834 ; trustee, Charlestown, 140-42. McFagei'tt, James, trustee, Charlestown, 463. McFarland, Thomas, justice of peace, Jefferson County, 848. McFarland, William, Jefferson County, commissioner to select site for capital, 154; favors removal of capital to Madi- son, 25; judge, 847; repre- sentative, 827, 828, 847; al- lowance to, 359-60. McGary, Hugh, Warrick Coun- ty, courts held at home of, 453-54; judge, 858; reconvey- ance of Evansville property to, 71-72, 528. McGee, James, justice of peace, Harrison County, 843. McGready, Israel, justice of peace, Knox County, 852. Mclntire, John, to receive sub- scriptions, Madison bank, 752. Mclntire, Robert, justice of peace : Clark County, 832 ; Washington County, 861. Mcintosh, Peter, Harrison County, county seat commis- sioner: Jackson County, 602; Orange County, 644; Washington County, 447; judge, Harrison County, 842, 843. Mcintosh, William, treasurer, Indiana Territory, 821. M'Junkin, John, Gibson County, 432. McKay (McCay, McCoy), James, justice of peace, Clark County, 833. McKee, Samuel, coroner, Knox County, 854. McKee, Thomas, justice of peace, Harrison County, 844. McKinley, Samuel, justice of peace: Clark County, 833; Jefferson County, 847. McKinney, James, justice of peace, Washington County, 861. McPheeters, Hugh, justice of peace, Washington County, 861. Maddox, John W., justice of peace, Knox County, 853. Madison, James, memorial to, defense of territory, 793-95. Madison, county seat, Jefferson County, 105; proposed loca- tion for capital, 25, 26. See Farmers' and Mechanic s' Bank of Indiana. Maffit, Robert, death of, 79, 655- 56. Magistrates, see Justices of peace. Major, William, Dearborn Coun- ty, judge, 836; justice of peace, 836. Malicious prosecutions, volun- tary informers, when liable for costs, 65, 448-49; act con- cerning repealed, 556. Manan's Mill, 49. Mandamus, writ of, jurisdiction, 69, 519. INDEX 903 Mansion houses, tax on repealed, 273. Manufacturers, memorial for relief of, 814-15. Manwaring (Manwarring), Sol- omon, Dearborn County, cor- oner, 838; councilor : Dearborn County, 112, 825, 826, 827, 828, 835, 838n, 862n; Dearborn, Jef- ferson, and Switzerland, 830, 835, 847; judge, 836; signs laws, 463; special mileage allowance, 253 ; mentioned, 24n. Marchal (Marreshal), Antoine, judge, Knox County, 850 ; mentioned, 659. Marriage, actions concerning promise of, not triable in jus- tice of peace court, 78, 637. See Divorce. Marrs, James, judge, Warrick County, 858; justice of peace: Posey County, 856; Warrick County, 859. Marrs, Samuel R., justice of peace, Posey County, 856 ; sheriff, Warrick County, 859. Marshall, John, justice of peace, Gibson County, 841. Marshals for United States, 821. Martin, Aaron, judge, Wayne County, 862. Martindale, John, justice of peace, Wayne County, 863. Maxwell, James, justice of peace. Orange County, 854. Maxwell, John, Jefferson Coun- ty, coroner, 849; justice of peace, 848. Maxwell, John, trustee, Center- ville, 682. Maxwell, Richard, Wayne Coun- ty, commissioner to select site for capital, 154. Meek, Alexander A., county seat commissioner: Jackson Coun- ty, 602; Switzerland Coun- ty, 540; prosecuting attorney, Jeffer- son County, 847; to receive subscriptions, Madison bank, 752. Meek, Jeremiah, judge, Wayne County, 862; justice of peace: Dearborn County, 837; Franklin County, 839 ; trustee, Centerville, 682. Meek, John, justice of peace, Jefferson County, 849. Memorials to Congress, see Gen- eral Assembly. Menard, Pierre, councilor, Ran- dolph County, 822, 823, 824. Merchandise, license acts, 273- 74, 323-24; repeal of act, 308. See Frauds and perjuries, Stores, Trade. Merriwether, Samuel, justice of peace, Clark County, 834. Messinger, John, representative, St. Clair County, 825. Metcalf, Thomas P., incorpor- ator, Decatur Bridge Com- pany, 660. Michigan Territory, formation, 4, 101-2. Milbum, John, justice of peace, Gibson County, 841. Milbum, Joseph E., incorpor- ator, Decatur Bridge Com- pany, 660. Militia, act concerning partially repealed, 181-82, 280; adjutant generals : commis- sions, to keep roll of, 375; compensation, 63, 402; du- 904 INDIANA HISTORICAL COLLECTIONS Militia (cont.) ties, 401; franking privi- lege, 383; loss of militia property, to prosecute for, 409; militia returns, duties, 399; printed forms, to pro- vide for corps commanders, 178; rank, 381; adjutants: compensation, 181, 402; duties, 401; number, 376; rank, 381; age limits, 60, 373; aides-de- camp, 375-76, 381; appraisers of equipment, compensation, 407; artillery, 387, 388, 403; battalions: how composed, 60, 177, 375; independent, 182; staff, 376; brigade inspectors: allowance, 63, 402; duties, 401; num- ber, 376; rank, 381; brigade quartermasters, 376, 381; brigadier generals : appoint- ment, 61n, 378-79; appoint- ments by, 376; number, 376; brigades, composition and staff, 375, 376; called into service, how, 402-3 ; captains: appointment or dis- missal of noncommissioned officers, 282; company re- turns, when to make, 177; enrollment duties, 177, 281, 373; neglect of duty, 404; number, 376 ; cavalry, 180, 280, 387, 388- 89, 403; classes, 179, 403-4 clerks: compensation, 63, 402 duties, 184, 398-99, 412 number, 376 ; rank, 381 ; colonels: accounts, 184; ap- pointments, 376; drill mas- ters, to superintend, 561 ; duties, 178; number, 282, 376; returns, when to make, 561; colors, 382; command, eligi- bility to, 380; commander in chief: appoint- ments, 93; calling out mili- tia, 182, 402-3, 422, 561; court martial, may order when, 417, 562; divisions and brigades, to set off, 374; governor to serve as, 93, 99; "new tactics," may introduce, 183; companies : how composed, 375; in remote settlements, 182; returns, 62; staff, 376; corporals, 376, 382; courts martial: appeal from, 562; how composed, 417, 423; procedure, 418-19; on request, 421-22; who may call, 417; courts of inquiry: appeal from, 562; assessment of fines, 178, 183, 395-97; cer- tain compensation, to de- cide, 63, 402; examining duty, 390-91 ; formation, procedure, 419-20; delinquency board of com- missioners, 412-13; desertion, 411-12; discharges, 179-80; districts, 386-87; divisions, 375; draft evasion, 414-15; drum major, 376, 402; drum- mers, 63, 376, 402; elections, 376-78, 379-80, 383; emi- grants, when enrolled, 177; enrollment, 177, 281, 373; en- signs, 376; equipment, 60, 180, 373-74, 388-89, 395; exemp- tions, 41, 60, 181, 280, 281, 315, 381, 390-92, 402-3, 451; expenses, contingent fund, when to cover, 423; fife ma- jors, 376; fifers, 63, 376, 402; I INDEX 905 Militia (cont.) fines: assessment, 178, 395- 97 ; bystanders, insulting of- ficers or militiamen, 63, 390 ; captains refusing quota, 404; collection, 176- 77; desertion, 411-12; draft evasion, 415 ; fathers, guardians, and masters bound for, 394; frank, im- proper use of, 383; use of, 180-81, 184, 415; misbe- havior on review, 421; neg- lect of duty, 63, 392-94, 425 ; officers failing to transfer funds or records, 424; re- fusing to assemble organi- zation, 420-21; refusing to attend court martial, 417; refusing tour of duty, 412- 13; first regiment, surplus funds, 425; fourth regiment, trans- fer, 423-24; general officers, how appointed, 93, 99; gren- adiers, 387, 389; how offi- cered, 375-76; in service: commissary, 407- 10; compensation, 423; equipment, appraisal, 407; exempt from arrest under civil process, 407; organiza- tion, 406; subject to rules and regulations of U. S. armies, 423 ; volunteers, how officered, 410-11; inadequacy against Indians, 794; inspector general, 399; intoxicating liquors, when for- bidden, 29, 182-83; judge ad- vocates, 181, 183, 418-19; laws to be separately printed, 60, 185-86, 499; lieutenant col- onels, 282; lieutenants, 376; light infantry, 387, 389; major generals: appointment, 61n, 93, 378-79; appoint- ments by, 375-76; dismissal of incompetent officers, 380- 81; number, 375; majors, 177-78, 280, 282, 376; musicians, misbehavior on re- view, 421; musters, 29, 61, 178, 179, 180, 182-83, 384-86, 389-90, 561; noncommissioned officers: ap- pointment and dismissal, 282, 382; classes, 179; mis- behavior, 421; officers : accountable for losses of militia property, 409; arrests, 416-17; behaving in unofficial manner, 421; dueling forbidden, 443; eli- gible to seat in Assembly, 28, 172, 493; grades, 179, 184, 374-75; oaths, how ad- ministered, 561 ; refusing to assemble men, 420; resign- ing, 424; term and dis- missal, 380-81; tours of duty, 404-6; of volunteers, 410-11; organization, 60, 375; par- dons, 419; paymasters, 63, 376, 381, 398, 401-2, 424; per- sons sued for anything done in pursuance to act, how to plead, 416; provost marshal, 402; punishments: desertion, 411- 12; draft evasion, 415; offi- cers, 404, 420, 421; refus- ing tour of duty, 412-13; quartermaster general, 375, 381, 422-23; quartermasters, 376, 381; regiments: how composed, 177, 375; how officered, 282; staff, 376; removal of capital, use for, 338; remuneration of, 797-98, 803, 811; returns, 177-78, 181, 906 INDIANA HISTORICAL COLLECTIONS Militia (ccmt.) 182, 399-400, 561; riflemen, 387, 389; sergeant majors, 376; sergeants, 176-77, 183, 376, 382; service, how cred- ited, 411, 422; sixth regiment, 433; spies, 403; staff officers, rank, 381-82; students not ex- empted, 10, 183; substitutes, 404, 415-16; surgeons, 376, 381, 390; transfers, 179-80, 382; uniforms, 60-61, 184, 379, 387; vacancies, how filled, 376-78; volunteer corps, 387- 89; warrants, form of, 414. Miller, John, judge, Clark Coun- ty, 832. Miller, Levi, justice of peace. Dearborn County, 837. Miller, Robert, justice of peace. Dearborn County, 837. Millis, Edward, justice of peace: Orange County, 854; Wash- ington County, 861. Mills, Henry I., coroner, Knox County, 854. Mills, see Gristmills. Milroy, John, clerk and record- er, Jackson County, 846. Ministers of gospel, exempt from militia duty, 60, 391; from road labor, 77, 613-14. Minors, militia fines, 394; min- ors' estates in jurisdiction of circuit courts, 572-73, 617-18. Mississippi Territory, refuses steamboat monopoly, 11. Mittimus, form used by justices of peace, 555-56. Molder, Jacob, justice of peace, Orange County, 854. Money, .sec Currency. Montgomery, Isaac, judge, Gib- son County, 841; justice of peace, Knox County, 852; re- lief act for, 340; representa- tive, Knox, Gibson, Warrick, 828, 829, 850. Montgomery, Joseph, Gibson County, judge, 841; justice of peace, 841. Montgomery, Thomas, justice of peace, Gibson County, 841. Montgomery, William, justice of peace, Clark County, 833. Montgomei-y, Wilson, justice of peace, Knox County, 852. Moorman, William V., judge, Knox County, 850, 851. Morgan, John, justice of peace, Harrison County, 844. Morton, Thomas, judge. Perry County, 855. Moshier, Paulina, see Paulina Barker. Mount, David, representative, Franklin County, 830, 838. Mounted Rangers, 798-801. Mounts, Caleb, justice of peace, Switzerland County, 857. Mules, taxes, 56, 310. Munroe (Monroe), Michael, jus- tice of peace, Jefferson Coun- ty, 848. Nance, Clement, mentioned, 211, 845n. Navigable streams, when to be common highways, 96; legis- lation on, 43, 44-52. See Whitewater River. Ne exeat, writ of, when and how issued, 69, 142-43, 519; procedure upon, 143-44, 573- 74, 581-82. Neely, Thomas, toll bridge, 434- 35. Negroes and mulattoes, early laws concerning, 20-22; poll tax on free, 485; removal, right to be proved, 138-39. I I INDEX 907 Nelson, John, justice of peace, Wayne County, 863. New, Robert A., judge, Clark County, 832. New Edinborough, 743. New Hope Baptist Church, Deer Creek, incorporation, 23, 122, 706-11. "New Orleans," first Ohio River steamboat, 30. New Orleans (La. Terr.), trade with, 44, 779. Newland, George, judge, Clark County, 831. Newman, Caleb, justice of peace, Harrison County, 844. Nichols, George, justice of peace, Dearborn County, 837. Niller, Joseph D., justice of peace. Perry County, 856. Noble, James, allowance to, sta- tionery, 113; clerk, House, 11 826; clerk. Council, 12, 113 826; councilor, Franklin and Wayne, 822n, 830, 838, 862 in U. S. Senate, 82n; presid ing judge, third circuit, 822 prosecuting attorney: Frank- lin County, 839; Switzer- land County, 857; Wayne County, 862; representative, Franklin County, 828, 829, 838; signs laws, resolutions, and memo- rials, 1813-14 session, 431-81, 505, 798 passim; mentioned, 654, 821n. Nonresidents, forbidden to prac- tice in courts, 22-23, 116-17; care of sick, 79, 655-56; di- vorce, 357; suits in chancery, procedure, 577; asking ne exeat, costs, 582; suits before justices of peace, 632; taxa- tion, 63, 96, 257, 261, 317, 438, 622. Northwest Territory, division of, 99-100; early county organi- zation, 3-4 ; ordinance for gov- ernment of, 91-97; states to be formed in, 96-97. Norton, Benjamin, trustee, Ve- vay, 674. Notaries public, acknowledg- ments, may certify, 111-12. Notice, circuit court, how given, 572; suits in chancery, how given, 583. Nugent, Bennet, justice of peace, Clark County, 834. Oaths, commissioners to select site for capital, 157; courts of inquiry, 420; election offi- cials, 228-29, 489, 490; in- spectors, flour, beef, and pork, 341; judge advocate, 418; list- ers of land, 255; militia com- missary, 409; militia election officials, 376-77; persons con- fessing judgments, 631; tax commissioners, 309-10; terri- torial officers, on dueling, 442 ; treasurer of territory, 469. See Perjury. Oatman, John, justice of peace, Harrison County, 843. Ockiltree (Ochletree), John, Knox County, county seat commissioner, Gibson and Warrick, 431-32; judge, 850; trustee, Indiana Church, 192. Office, appointment to, limita- tions on, 39, 246; disqualifi- cations for, 235, 442-43. Ohio, state of, admission to Union, 6, 100-1; joint action on road requested, 81, 687; joint action on Whitewater requested, 43, 790; refuses steamboat monopoly, 11. 908 INDIANA HISTORICAL COLLECTIONS Ohio Steamboat Navigation Company, incorporated, 10- 11, 144, 713-15. Orange County, formation, 78, 643-44, 854 ; apportionment, Council, 645 ; circuit courts, where and when held, G44, 646; county seat commis- sioners, 644; officers, 854-55. Ordinance of 1787, pp. 91-97. Orleans, Territory of, grants steamboat monopoly, 11. Osbourne, Willis C, judge, Gib- son County, 841. Overman, Ephraim, represent- ative, Dearborn County, 113, 826, 835. Overseers of poor, 146. Overseers of roads, 29, 170, 345. See Supervisors of roads. Owl Prairie, 48. Paddacks (Paddox) , Joseph, Harrison County, candidate for sheriff, 28n; county seat commissioner: Perry County, 531; Washington County, 447. Parke, Benjamin, attorney gen- eral, 820; chancellor, 820; commissioner, destroyed Knox County records, 543; delegate to Congress, 821, 824n; judge, general court, 820, 821n; opinion, removal of county seat, Clark County, 19; pre- siding judge, circuit court, 475 ; representative, Knox County, 823, 824, 849. Parr, Enoch, justice of peace, Washington County, 861. Partition, writ of, 69, 519. Parvin, John, justice of peace, Clark County, 833. Patoka River, toll bridge, 434- 35. Patterson (Paterson), Samuel, justice of peace, Jefferson County, 848; trustee, Lexing- ton, 621. Patterson, Squire, justice of peace, Knox County, 853. Paul, John, clerk and recorder, Jefferson County, 849; repre- sentative, Clark County, 826, 831; to receive subscriptions, Madison bank, 752. Paupers, see Poor persons. Penalties, apprentices, deserting, 167 ; coroners, neglect of duty, executions, 460; election frauds, persons committing, 235, 492-93; false oath, 235, 304-5, 307, 444; justices of peace, failing to pay over money, 460; negroes and mu- lattoes, illegal removal, 139; sheriffs, neglect of duty, exe- cutions, 460. See Fines, Pun- ishments. Pennington, Dennis, contractor, Corydon courthouse, relief act for, 82, 689-90; justice of peace: Clark County, 832; Harrison County, 843; repre- sentative, Harrison County, 826, 828, 829, 830, 842; con- tested election, 827n; signs laws, resolutions, and memo- rials, 1810, 1815 sessions, 105- 94, 706-22, 772, 814-16 passitn. Percival, Jabez, judge. Dearborn County, 835, 836. Perjury, false oath or affirma- tion to be treated as, 235, 305, 307, 444. See Frauds and perjuries. Perry, Samuel, justice of peace, Knox County, 853. Perry County, formation, 72, 530, 855; apportionment, 72, 532, 855n; circuit court, 532, INDEX 909 Perry County (cont.) 557; county seat commission- ers, 531; election, representa- tive, 532-33; officers, 855-56; temporary county seat, 531. Petit jury, how summoned, 569. Peyton, Captain Craven, of Mounted Rangers, remunera- tion for, 799-801. Pfrimmer, John George, judge, Harrison County, 842. Physicians, practicing, ineligi- ble as judge, 65, 480; provi- sion repealed, 562; required on jury for examination of in- sane persons, 651. Piatt, Benjamin M., justice of peace. Dearborn County, 836. Pigeon Roost, 42. Pillory, 19. Pilots, at Jeffersonville, exempt from militia duty, road labor, jury service, on certain pay- ments, 451. Pinnick, John, justice of peace. Orange County, 854. Plaintiff, may require defendant to answer on oath, 466-67. Playing cards, tax, 82, 690. Pleadings, constable, levying execution when property rights are contested, 137; debt actions, 456, 535-36; habeas corpus, return to writ of, 571- 72; indictments, 237-38; mili- tia, anything done in pursu- ance of militia act, 416; re- vival of suits, 115. Pluries, writ of, form, justice of peace court, 635-36. Polk, Charles, judge. Perry County, 855. Polk, Isaac, justice of peace. Dearborn County, 837. Polke, Thomas, coroner, Knox County, 854. Polke (Polk), William, Knox County, county seat commis- sioner, Gibson and Warrick, 431-32; judge, 851; justice of peace, 852 ; representative, 829, 830, 850. Poll keepers, see Elections. Poll tax, 41, 58, 278, 350-51, 485. Poor, overseers of, duties, ille- gitimacy cases, 146. Poor persons, act for help of, in suits at law, 58, 303-5. Pope, George F., Harrison County, clerk, 844; prosecut- ing attorney, 843; recorder, 846; trustee, Corydon Semi- nary, 729; mentioned, 845n. Pork, principal export from western country, 779. See Flour, beef, and pork. Porter, General Peter B., 805. Posey, Francis, coroner, Perry County, 856. Posey, Thomas, calls out militia, 797-98 ; governor, Indiana Territory, 819; letter from John Hurst, Jr., 32n; on re- organization of courts, 66n; reapportions Council, 68; re- port on militia, 60n-61n; signs laws and memorials, 1813-14, 1814 sessions, 425-509, 727- 63, 798-808 passim; urges re- vised militia law, 60; men- tioned, 800. Posey County, formation, 71, 529, 856; apportionment, 72, 532, 855n; circuit court, 532, 557; county seat commission- ers, 531; election, representa- tive, 532-33; extended, 604-5; officers, 856-57; temporary county seat, 530-31. Post routes, 798. 59 — 49011 910 INDIANA HISTORICAL COLLECTIONS Powel, Nathan, assessor, Dear- born County, allowance to, 253. Practice, rules of, circuit courts, 567-73. See Franklin County. Prairie du Rocher, 3. Prather, Basil, Washington County, clerk, 861; recorder, 862. Prather, John, justice of peace, Clark County, 833. Presbyterian Church, see Indi- ana Church, The. Presentments, see Indictments. Prewitt, James A., justice of peace, Clark County, 834. Price, Benjamin D., justice of peace, Knox County, 852. Prince, William, Knox County, allowance, services, contested election, 119; auditor public accounts, 175, 359, 500, 821; commissioner to select site for capital, 154; councilor, 113, 134, 825, 849; county seat commissioner, Gibson and Warrick, 431-32; justice of peace, Knox County, 852; prosecuting attorney: Gibson County, 841 ; Knox County, 851; Posey County, 856; Warrick County, 859; required to perform certain duties of former office as au- ditor, 508-9; sheriff, Knox County, 853. Pringle, William, trustee, Lex- ington, 621. Printing, see Laws. Prison bounds, 32, 33, 34, 221- 22. Prisons, see Jails. Private acts, see Laws. Probate, fees, 161-62; of wills, letters testamentary, etc., in circuit court, 572-73, 617-18. Process, act laying tax on re- pealed, 160; circuit courts may issue to any county, 521. Proclamations, in chancery cases, 573-74. Property rights, provision of Ordinance concerning, 95. Prophet, The Shawnee, 29-30. Prosecuting attorneys, appoint- ment, 117, 449-50, 524; com- pensation, 117, 450, 524-25; duties of attorney general transferred to, 450; sheriffs failing to pay coimty orders, procedure, 323. Prosecutions, see Malicious pros- ecutions. Public buildings, county, build- ing and repair of, 19, 327; municipal, 441, 624-25, 678, 734; arson, trespass, injury of, 462. Public funds, see General fund. Public health, regulation of pub- lic well (Brookville), 64, 441. See Insane persons. Flour, beef, and pork. Public notice, see Advertise- ments. Public office, appointment to limited to voters, 39, 246. Public records, see Records. Punishments, cruel and unusual forbidden by Ordinance, 95; for counterfeiting, 76, 608; for slaves and servants, 21. See Fines, Imprisonment, Militia, Penalties. Purcell, Elizabeth, see Elizabeth Green. Purcell, Jonathan, judge, Knox County, 850. Purcell, William, justice of peace. Dearborn County, 837. Pure food, see Flour, beef, and pork. INDEX 911 Putnam, Daniel, judge, Gibson County, 841. Putnam, Hazeal, justice of peace, Gibson County, 841. Quakers, exemption from mili- tia duty, 181; exemption re- pealed, 280. Quick, John, justice of peace, Franklin County, 840. Quo warranto, writ of, 69, 519. Racicot (Rasico), Francis, trus- tee, Roman Catholic Church, Vincennes, 716, 720. Railroads, 55-56. Ralston, Alexander, survey of White River, 47-48. Randolph, Thomas, attorney general, 820; candidate, dele- gate to Congress, 38; prose- cuting attorney : Harrison County, 843; Knox County, 851. Rawlins, James, justice of peace: Harrison County, 844; Orange County, 854. Raymond, David, presiding judge, first circuit, 822. Reagan, Nicholas, justice of peace, Franklin County, 840. Real estate, conveyance provided for, 92; of decedents, subject to execution, 120-22; judg- ments binding on, 135; when not to be sold on execution, 121, 135. See Frauds and perjuries. Lands. Reaugh (Reauch), Samuel, jus- tice of peace, Harrison Coun- ty, 844. Recognizances, forfeited, to be sent from circuit to general court, 478; circuit courts may take, 520-21; form to be used by justices of peace, 555; in illegitimacy cases, 146-47 ; for special bail, sheriff may take, 569-70. Recorders, fees, 161, 162. Records, endangered, 26; in charge of secretary of terri- tory, 92; judgments, date of to be recorded, 130-31; pres- ervation of, 17, 73, 127-28, 175, 811; territorial, removal to Corydon, 336, 337-38. See Knox County. Redemption, sales for taxes, 317-18, 318-19, 453, 559-60. Redman, Rezin, judge, Clark County, 832. Rees (Reese), David, commis- sioner, subscriptions, Law- renceburg Bridge Company, 737. Referees, no appeal from judg- ment on report of, 266; in justice of peace court, 627-28, 630, 636-39, 640. Relief acts and resolutions, 104, 106-7, 125, 133-34, 144-45, 152, 164, 220-21, 224, 225, 238- 39, 243-44, 244-45, 251, 329- 30, 333-34, 339, 340, 354-55, 433, 461, 466, 505, 655-56, 687-88, 688-89, 689-90, 705-6, 711-13, 721-22, 727-28, 728-29, 803-4; repeal of, 345-47. Religion, no particular tenets of to be taught in Seminary of Vevay, 681 ; provisions of Ordinance concerning, 95. See Churches. Replevin, writ of, 69, 519. Representation, provisions of Ordinance concerning, 95. See Delegate to Congress, General Assembly. Rhoads, Daniel, Warrick Coun- ty, courts to be held at home of, 72, 528-29. 912 INDIANA HISTORICAL COLLECTIONS Rhoads, Jacob, allowance, print- ing laws, 565, 653; coroner, Jefferson County, 849; justice of peace, Jefferson County, 849; trustee, Lexington, 621. Richardson, Elizabeth, divorce, 31, 212-13. Richardson, Isaac, divorce, 31, 212-13. Richardson, Jacob, divorce, 31, 211-12. Richardson, Jane, divorce, 31, 211-12. Riley, James, justice of peace, Harrison County, 844. Ristine, Henry, Jefferson Coun- ty, commissioner to examine claim against Jefferson Coun- ty, 688; to receive subscrip- tions, Madison bank, 752. Ritchie, John, to receive sub- scriptions, Madison bank, 752. Roads, commissioners, 615, 616; county tax for, 77, 608-9, 611, 613; examination of, 345; hired labor on, 77, 612; inter- state action on requested, 81, 687; labor on: required, 29, 39, 66, 73, 77, 248, 481, 566-67, 611; commutation, 77, 614; exemptions, 66, 77, 315, 451, 613-14; failure to perform, 170 ; parents, guardians, masters responsible for min- ors, 481; used in towns, 731; records, 616; repeal of road act, 615; state legislation on, 52-55; surveyors, 615, 616; Vincennes to Lower Prairie, 124, 125; width of, 39, 248. See Overseers of roads, Su- pervisors of roads. Robb, David, councilor, Gibson and Warrick counties, 829, 830, 840, 855n, 858; justice of peace: Gibson Coun- ty, 841; Knox County, 851; representative: Knox County, 828, 850; Knox, Gibson, and Warrick, 828, 829, 850; signs laws, 814, 815, 816; mentioned, 506. Robbins, Daniel, justice of peace, Jefferson County, 848. Roberts, Elias, prosecuting at- torney, Warrick County, 859. Roberts, Jesse, justice of peace: Orange County, 854; Wash- ington County, 861. Robertson, Matthew, justice of peace, Washington County, 861. Robertson, William, justice of peace, Washington County, 861. Robinson, George, justice of peace, Knox County, 852. Rockafellar, Samuel, justice of peace, Franklin County, 839. Rodgers, Thomas, coroner, Har- rison County, 845. Rogers, Aquilla, justice of peace, Clark County, 832. Rogers, Henry, justice of peace, Jackson County, 846. Roman Catholic Church (Vin- cennes), incorporation, 23, 158, 324-25, 716-21. Roosevelt, Nicholas J., incor- porator, Ohio Steamboat Nav- igation Company, 10, 714-15. Ross, George, justice of peace, Clark County, 833. Ross, John F., prosecuting at- torney: Clark County, 832; Harrison County, 843; Wash- ington County, 860. 4 INDEX 913 Ross, William, Sr., justice of peace. Dearborn County, 837. Rous (Rouse), James, trustee, Seminary of Vevay, 679. Routt, George H., justice of peace, Gibson County, 842. Routt, William H., justice of peace, Knox County, 853. Rowland, Jesse, probate judge, Clark County, 832. Royster, Charles, justice of peace, Wayne County, 863. Royster (Roister), Stanhope, justice of peace: Dearborn County, 837; Franklin Coun- ty, 839. Ruddick, William, justice of peace, Jackson County, 846. Rue, Richard, allowance to, 254 ; justice of peace, Dearborn County, 836; representative : Dearborn County, 113, 826, 835; Wayne County, 827, 862; Wayne County courts to be held at home of. 111; men- tioned, 110. Rules of procedure. General As- sembly, 174. Russell, Colonel WilUam, 7th U. S. Regiment, 799. Ry chart, John, justice of peace, Clark County, 832. Ryker, Gerardus, justice of peace, Jefferson County, 848. Ryker, Samuel, justice of peace, Jefferson County, 848. Sackett (Sacket), David F., trustee, Salisbury, 666. St. Clair County (Northwest Terr.), 3. St. Francis Xavier, church of, see Roman Catholic Church, Vincennes. Salisbury, county seat, Wayne County, 31-32, 220; incorpora- tion, 80, 724-27 ; post route to Eaton, 798; regulation of, 666-70; mentioned, 9, 54, 64. Salt springs, memorial to Con- gress to allow working of, 816. Sample's Mill, 48. Scares (Seares), Samuel, jus- tice of peace, Jefferson Coun- ty, 848. Schools, school sections, how leased, 131-32; use of pro- ceeds, 132; compensation to trustees, 132. See Education, Knox County. Scire facias, writ of, in revival of suits, 114-15. Scott, Isaac, coroner, Jackson County, 846, Scott, James, Clark County, chancellor, 820; judge, gen- eral court, 820 ; presiding judge, circuit court, 475 ; pros- ecuting attorney, 832; repre- sentative, 828, 831; signs laws, memorials, 1813 session, 298-308, 792-96 passim. Scott, Brigadier General Win- field, 805. Scribner, Nathaniel, justice of peace, Clark County, 833. Searles, Daniel, trustee, Lexing- ton, 621. Seats of justice, see County seats. Secretary, Indiana Territory, appointment, 92, 98, 99; court reorganization act, to trans- mit copies of to clerks, 479- 80; depositary of enrolled and printed laws, 92, 163, 288, 500, 565-66, 654; duties, 92, 99; elections, duties, 494 ; freehold estate, 92, 99; oath of office, 914 INDIANA HISTORICAL COLLECTIONS Secretary, Indiana Territory (cont.) 94-95, 99; residence, 26, 92, 99, 339; term, 92, 99; Vin- cennes lottery, to approve bonds for, 106; when acting governor, 98. See John Gib- son. Securities, of constables, when liable, 134-35, 268, 306; of coroners, when liable, 460; of sheriffs, when liable, 321, 322, 323, 460; may be discharged when, 582. Seminaries, see Corydon Semi- nary, Vevay, Seminary of. Sequestration, writ of, 573-74. Sering (Serring), John, Jeffer- son County, to receive sub- scriptions, Madison bank, 752; mentioned, 689. Serv'ants, punishment by whip- ping, 21; masters responsible for road labor, 481; of color: act concerning repealed, 139; taxes, 56, 310, 312. Shannon, George, justice of peace, Jefferson County, 848. Shelby, Evan, judge, Clark County, 832. Shelby, Isaac, Clark County, allowance to, 566; clerk, 834; impeachment, 811; recorder, 834 ; trustee, Charlestown, 140-42. Sheriffs, certificate, lands non- saleable for taxes, 263 ; circuit courts, when to adjourn, 520; county treasurers, 323-24, 625, 626; deeds: lands or town lots sold for taxes, 451-53, 5G0 ; sher- iff's successor, when to make, 344; election duties, 226-27, 232, 233-34, 491, 493, 494, 620; ex- ecution for debt, duties, 121- 22, 133, 534-35, 537; extra- legal elections for, 27-28; grand and petit jurors, sum- mons, 569; ineligible: as county treasur- ers, 275; as legislators, 493; as listers of land, 255; as tax commissioners, 315; injunctions, duties, 580; mili- tia fines, collection, 397-98, 413, 415; move to make office elective, 27, 772, 788; neglect of duty, 415, 459-60, 487; re- cognizance of special bail, procedure, 569-70 ; remedy against deputies, 118; roads, duties, 616; securities, when liable, 321, 322, 323, 460; spe- cial courts, criminal cases, duties, 435-37; suits in chan- cery, duties, 577-78; tax collectors: acts for relief of, 329, 648; arrearages in collection, 167-68, 276-77; auditor's warrants, to re- ceive as legal tender, 215; benefits of act concerning executions not to apply to, 38-39, 240-41; bonds, 316, 609; claims against, 262; collections, how made, 261, 317, 353, 609; county orders on, 322-23; delinquents, to report, 322; double assess- ments, how handled, 352- 53; failing to pay over money, 321, 323; other per- sons paying in tax collec- tions for, 654; payments to county and territorial offi- cials, 262-63, 321, 487, 609, 612; persons refusing or making fraudulent lists, 313; receipts, to give for payment of taxes, 487 ; sales for taxes, 58, 261-62, 317- 20, 487; tax duplicates to INDEX 915 Sheriffs (c&tit.) be furnished to, 258, 260-61, 486; territorial paper, not entitled to interest on, 471; writs of execution, to indorse, 131. See Fees, Fines. Shields, Patrick, doorkeeper. Assembly, 828; judge, Harri- son County, 842, 843; justice of peace, Clark County, 832; mentioned, 211. Shively (Shivley), John, justice of peace, Knox County, 852; death, 852n. Short, Jacob, county seat com- missioner, Switzerland Coun- ty, 540; justice of peace, Jef- ferson County, 848. Shoults (Sholts, Shoultz, Shultz), Captain Frederick, of Mounted Rangers, 799; justice of peace, Knox County, 853. Shroads, William, justice of peace, Perry County, 856. Siebenthal (Seibenthal) , John Francis, director, Vevay Lit- erary Society, 735; sheriff, Switzerland County, 858. Slander, actions of, costs, 449, 569; actions of not subject to revival, 115; against women, made actionable, 463. Slaughter, James B., coroner, Harrison County, 845. Slavery, provisions of Ordinance concerning, 20, 97; attitude of territorial government toward, 20-22, 795-96. Slaves, punishment by whipping, 21; tax, 56, 310, 312. See Negroes and mulattoes. Small causes, see Justices of peace. Smith, Benjamin, Franklin County, judge, 839; justice of peace, 839; trustee, Brook- ville, 437. Smith, Charles, to receive sub- scriptions, Vincennes bank, 761. Smith, Elizabeth (Wood), mar- riage legalized, 706. Smith, Hosea, justice of peace, Gibson County, 841. Smith, James, commissioner to select site for capital, 154; justice of peace, Knox County, 853 ; representative, Gibson County, 829, 830, 841. Smith, John, justice of peace: Clark County, 832; Harrison County, 843. Smith, Leroy, 706. Smith, William, Harrison Coun- ty, marriage legalized, 118, 706. Smock, James, justice of peace, Clark County, 833. Smock, Samuel, Jefferson Coun- ty, judge, 847; justice of peace, 847. Snyder (Snider), Samuel, War- rick County, county seat com- missioner, Posey County, 531; judge, 859; justice of peace, 859. Sparks, Elijah, attorney for United States, 820; commissioner: county seat, Franklin County, 109; to select site for capital, 154; for subscriptions, Lawrence- burg bridge, 737; death, 688; presiding judge, circuit court, 822; prosecut- ing attorney: Franklin Coun- ty, 839; Wayne County, 862; mentioned, 671. 916 INDIANA HISTORICAL COLLECTIONS Sparks, Eliza, administratrix, Elijah Sparks, relief act for, 687-88. Sparks, Matthew, justice of peace, Franklin County, 840. Spencer, Elizabeth, allowance to: rent, 154; candles, rent, 690-91. Spencer, Spier, sheriff, Harrison County, 845; relief acts for heirs and securities of, 39, 220-21, 329-30. Spencer, Thomas, coroner, Gib- son County, 842. Spurgin, Jesse, justice of peace: Harrison County, 844; Wash- ington County, 860. Stacy, Peter, coroner, Clark County, 834. Stallions, taxes, 56, 310, 312. Stapleton, John, justice of peace, Posey County, 856. Steamboats, see "Enterprise," "New Orleans," Ohio Steam- boat Navigation Company. Steel's Mill, 50. Stephenson, John, justice of peace. Perry County, 855. Stevens, Richard, judge. Dear- born County, 835, 836. Stevens, Stephen C, prosecut- ing attorney, Franklin Coun- ty, 839. Stevenson, John, justice of peace, Warrick County, 859. Stewart, James, Gibson County, county seat commissioner, Perry County, 531. Stewart, William E., clerk and recorder, Posey County, 857. Stores, retail, county tax, 56, 77, 310, 312, 608-9; municipal tax, 82, 690. Stott, James, justice of peace, Jefferson County, 848. Stout, Elihu, Knox County, judge, 851; justice of peace, 851n; printer to territory, 83, 84 ; allowances to, printing and postage, 169, 174, 279-80, 359, 360. Stout, Jonathan, justice of peace, P'ranklin County, 840. Strickland, Joseph, justice of peace, Jefferson County, 848. Students, see Militia. Subpoenas, circuit judges may issue to any county, 521; in chancery cases, how issued, 573-74 ; contested elections, how served, 492; form to be used by justice of peace, 549- 50; justice of peace court, how served, 264-65; justice may issue to any township of coun- ty, 264-65; for witnesses, in change of venue, 501; right of poor persons to, 303. Suffrage, extension, 7, 27, 28, 102, 780-83; in local govern- ment, 79-80, 671-72; right of necessary for appointment to office, 39, 246-47. See Elec- tions, Voters. Suits, see Actions. Sullivan, Daniel, Knox County, assessor, relief act for, 224; judge, 851 ; justice of peace, 853; sheriff, 853; relief act for, 39, 244-45. Sullivan, George R. C, allow- ance to, furnishing copies of journals, 497; assistant clerk. House, 173, 826; clerk. Coun- cil, 804, 827, 828, 830; clerk, Warrick County, 859; record- er, Warrick County, 860; mentioned, 506. Summons, in actions for debt, how served, 533-34, 534-35, 536; form to be used by jus- INDEX 917 Summons (eont.) tice of peace, 548-49, 634-35, 639-40; when to issue, 467. Supersedeas, writ of, justice of peace when to issue, 640; form, 640-41. Supervisors of roads, appoint- ment, 610; compensation, 77, 481, 612-13; duties, 29, 77, 248, 481-82, 610-12, 614, 614- 15. Sutherland, John, trustee, Salis- bury, 666. Swindling, act to prevent, 76, 605-8. Switzerland County, formation, 72, 538-39, 857; apportion- ment, 541, 857n; circuit court, 541, 557, 558; county seat commissioners, 540; officers, 857-58 ; temporary county seat, 540. Syndic of Lower Prairie, duties, 122-24. Tanner's Creek bridge, see Law- renceburg Bridge Company. Taverns, to be listed with gen- eral court, 301-2; licensing, 56, 302; taxes, 56, 310, 312. Tax collectors, see Sheriffs. Tax commissioners, appoint- ment, 309; compensation, 315; exempt from militia, road, and jury duty, 315; lands, how rated, 311; property, how listed, 310-11, 612; neglect of duty, 315; nonresidents, lands, procedure, 317; oaths, 309- 10; persons ineligible as, 315; persons refusing or making fraudulent lists, procedure, 313; property not listed for preceding year, procedure, 315-16; reports, how made, 811-12, 314; to take census, 587-88. See Listers of land. Tax duplicates, 258, 260, 276, 311-12, 352, 486. Taxation, acts: (1811), land tax, 254-64, 286-87; county levies, 273-78; (1813), per- manent revenue, 309-24 ; correction of duplicates, 352- 53; (1813-14), permanent revenue, 484-88; for county purposes: 41, 56, 77, 277-78, 312, 485, 608-9, 613; arrearages, 220-21, 238-39, 329-30; special, 58, 350-51; varying rates, 57; exemptions, militia equipment, 60, 374; federal, 96; for mu- nicipal purposes, 74, 82, 438, 439, 441-42, 464-65, 622, 623- 24, 624-25, 657-58, 667-68, 673, 676-77, 683-84, 690, 724- 25, 731; for territorial purposes: 40, 56-57, 261, 281, 310, 312; arrearages, 167-68, 220-21, 238-39, 329-30. See Clerks, County treasurers. Listers of lands. Nonresidents, Poll tax. Process, Sheriffs, Tax commissioners, Treasur- er, Indiana Territory. Taylor, Edmund H., justice of peace, Clark County, 833. Taylor, Jonathan, justice of peace, Knox County, 852. Taylor, Nathan, justice of peace, Harrison County, 844. Taylor, Thomas, justice of peace, Jefferson County, 848. Taylor, Waller, chancellor, 175, 820; judge, general court, 820; presiding judge, circuit court, 475; in U. S. Senate, 82n. Templeton, John, allowance to, 254; judge, Franklin County, 838; justice of peace, Dear- 918 INDIANA HISTORICAL COLLECTIONS Templeton, John (cont.) born County, 836; representa- tive: Dearborn County, 826, 835; Franklin County, 827, 838. Territorial funds, see General fund. Test, John, clerk, Franklin County, 840 ; councilor, Frank- lin and Wayne, 829, 838, 862 ; prosecuting attorney, Wayne County, 862. Testimony, act to perpetuate, 17, 127-28. Tevault, George W., coroner, Warrick County, 859. Tevault, Robert W., Warrick County, county seat commis- sioner, Posey County, 531. Tharp, Andrew, justice of peace, Franklin County, 839. Theft, see Horse thieves. Thorn and Posey, allowance, sta- tionery, 654-55. Thomas, Enoch (Evan), justice of peace, Jefferson County, 848. Thomas, Jesse B., delegate to Congress, 821; judge, Illinois Territory, 821n; proprietor, Brookville, 441; representa- tive. Dearborn County, 823, 824, 825, 835. Thompson, John H., justice of peace, Clark County, 833. Thompson, Samuel, trustee, In- diana Church, 192. Thoin, John, justice of peace, Jefferson County, 848. Thornburgh, Amos, justice of peace, Washington County, 861. Timber, trespassing, by cutting of, 355-56. Tippecanoe, Battle of, 29-30; memorial for widows and or- phans, 30, 785-87. Tipton, John, Harrison County, candidate for sheriff, 28n; justice of peace, 844; sheriff, 845. Tobin, George, justice of peace: Knox County, 852 ; Perry County, 855; Warrick Coun- ty, 859. Todd, Thomas, nominated for Council, 824n. Tolls, bridges, 79, 434, 662; gristmills, 23, 153. Tompkins, Daniel D., incorpor- ator, Ohio Steamboat Naviga- tion Company, 10, 713, 714. Town lots, redemption, when sold for taxes, 560; tax on, 56, 310, 312. Towns, plats to be recorded, 31, 216. See Incorporations, Tax- ation. Townships, how laid out, 93; officers, appointment, 93 ; com- missioners, 609-10, 613, 614; treasurers, 609-10, 612, 613, 614; property to be listed by township for tax purposes, 612. Trade, Ohio River and New Or- leans, 43 ff., 779; regulation of, with Indians, 148-51. See Merchandise, Stores. Transcripts, on appeals from justices' courts, 136, 266, 268; on confessed judgments, 631; of judgments, execution when to issue on, 137, 269; justice to furnish, on writ of cer- tiorari, 242. Transportation, see Canals, Navigable streams, Ohio Steamboat Navigation Com- pany, Railroads, Roads. Treasurers, Indiana Territory, allowance for chest revoked, 250-51; appointment, 468; au- INDEX 919 Treasurers, Indiana Territory (cont.) ditor's warrants, to pay, 215; bills, to compare with audi- tor's records, 332; bond, 469; list of, 821; oath, 469; office, examination of ordered, 506; office reorganized, 468-72 ; per- sons not eligible for, 275; re- ports to legislature, 469, 470; salaiy, 12, 174, 219, 472; sher- iffs' bonds to be filed with, 316; tax lists transmitted to, 470, 486; tax moneys, to re- ceive, 321; taxes, delinquent, procedure, 470 ; taxes, to charge to sheriffs, 470; term, 468; territorial officers dying or resigning, salaries how audited, 688; territorial ac- counts, 468-70 ; transfer of ac- counts to successor, 470-71; warrants, 470, 471, 506. Trespass, actions, justices of peace court, 639; by cutting of timber, 355-56; in Lower Prairie, 123 ; upon public property, 462; vi et armis, costs, 449, 569. Trial by jury, provision of Ordi- nance, 95. Trotter, James, justice of peace, Jackson County, 846. Trotter (Troter), Robert M., di- rector, Vevay Literary Soci- ety, 735; justice of peace: Jefferson County, 848; Switz- erland County, 857. Trover and conversion, actions concerning, when triable by justice of peace, 627. Trusts, see Frauds and perjur- ies. Tucker, Martin H., justice of peace, Harrison County, 844. Tuley, Charles P., judge, Clark County, 831. Turner, John, sheriff, Wayne County, 863. Turner, William, justice of peace, Knox County, 853. United States, attorneys in In- diana Territory, 820; mar- shal, 821. United States Congress, acts quoted in part: adapting Or- dinance to Constitution (1789), 98; forming Indi- ana Territory (1800), 99- 100; admitting Ohio to Union (1802), 100-1; extend- ing jurisdiction of general court (1805), 101; forming Michigan Territory (1805), 101-2 ; extending suffrage (1808), 102; creating Il- linois Territory (1809), 102-3 ; acts mentioned: making coun- cilors and delegate to Con- gress elective, and provid- ing for apportionment (1809), 8, 831n; authorizing governor to apportion rep- resentatives (1809), 9; for sale of land for new capital (1811), 25; on general court (1814), 71; admitting Indi- ana to Union (1816), 82n; bills: regarding sheriffs, 27; defining duties of territorial judges, 66; resolution, population require- ment, Indiana statehood (1811), 41; resolutions and memorials to, see General As- sembly. Valle, Alexander, trustee, Ro- man Catholic Church, Vin- cennes, 716, 720. 920 INDIANA HISTORICAL COLLECTIONS Vallonia (Velonia), county seat, Jackson County, 76, 603; lay- ing out authorized, 711-13. Van der Burgh, Henry, death, 820n; judge, general court, 820; probate judge, Knox County, 851; relief act for heirs of, 333-34; mentioned, 659. Vance, Samuel C, clerk, Dear- born County, 837. Vawter, James, justice of peace, Clark County, 833; sheriff, Jefferson County, 849. Vawter, John, justice of peace, Clark County, 833; lister of taxes, Jefferson County, 82, 505, 688-89; sheriff, Jefferson County, 849; U. S. marshal, 821. Veach, Nathaniel, justice of peace, Harrison County, 844. Venditioni exponas, writ of, in sale of real estate, 122. Venue, change of, acts providing for, 306-8, 500-3. Veto, by Harrison, removal of capital, 25. Vevay, incorporated, 80, 674-79; county seat, Switzerland County, 540; proposed loca- tion for capital, 26. Vevay, Literary Society of, in- corporated, 74, 735-37. Vevay, Seminary of, incorpor- ated, 81, 679-82. View, writs of, 69, 519. Vincennes (Post Vincennes, St. Vincent's) , French settlers, 92; general court, when held at, 562-63; road to Lower Prairie, 124, 125; seat of gov- ernment, Indiana Territory, 24-26, 100; starting point, Illi- nois boundary, 4, 5, 96, 97, 103, 158-59; mentioned, 3, 9- 10, 31, 42. See Vincennes, Borough of. Vincennes, Bank of, incorpora- tion, 74-75, 754-63; joint reso- lution, governor to suspend subscriptions to, 805-6. Vincennes, Borough of, incor- p or at ion, 74, 732-34; acts amending incorporation act, 656-60; taxation, 82, 690. Vincennes Library Company, lottery authorized for, 105-6; incorporation revived, 297-98. Vincennes University, sale of land by trustees of, 191, 722- 23, 792-93. Voters, qualifications (1787), 93-94; (1805), 6; (1808), 7; (1809), 7; (1811), 28, 38, 226, 230; (1813-14), 67, 489. See Elections. Wabash River, early settlements along, 9-10. Wagnon, William, justice of peace, Posey County, 856. Walker, John, justice of peace. Dearborn County, 837. Wallace, George, Jr., judge, Knox County, 850, 851. Wallace (Wallice), John, justice of peace, Knox County, 852. Waller, John, justice of peace, Gibson County, 841. Walters, Thomas J., justice of peace, Gibson County, 842. Ward, James, justice of peace, Jefferson County, 848; trus- tee, Lexington, 621. Warehouses, see Flour, beef, and pork. Warfth, Robert, justice of peace, Knox County, 852. Warman, Thomas J., justice of peace, Wayne County, 863. INDEX 921 Warrants, form for justices of peace, 549, 554; militia, 414. See Auditor, Treasurer. Warrick, Jacob, death, 852; jus- tice of peace, Knox County, 852; mentioned, 354, 355, Warrick County, formation, 58, 348-50, 858; apportionment, 65, 68, 455; boundary changes, 529, 530; circuit court: length of ses- sion, 557; reorganization, 66n, 475, 518; when held, 363, 479, 557; county seat commissioners, 431-32; county seat removal, 71-72, 527-29; court of common pleas: pro- ceedings legalized, 453-54; when held, 362; officers, 858-60; public build- ings, 349; temporary county seat, 58, 350, 453-54, 528-29. Washington County, formation, 65, 446-48, 860; apportion- ment, 65, 68, 455; boundary changes, 526-27, 601-2, 643; circuit court: length of ses- sion, 557 ; proceedings legal- ized, 645, 860n; reorganiza- tion, 66n, 475, 518; when held, 479, 557.; officers, 860-62; public build- ings, 447; temporary county seat, 447-48. Watson, William, justice of peace, Harrison County, 844. Wayne County, formation, 10, 11-12, 108-10, 190, 862; apportionment: House (1810), 22, 171; (1813-14), 65, 455; Council (1814), 68, 862n; circuit court: length of ses- sion, 557; presiding officers, 822n ; reorganization, 475, 518; when held, 189-90, 283, 362, 479, 557; county seat, 31-32, 220; court of common pleas: to fill vacancies, county seat com- missioners, 110-11; when held, 188-89, 282-83, 362; officers, 862-63; public build- ings, 110; temporary county seat. 111. Weathers, John, Clark County, justice of peace, 833; sheriff, 834. Weathers, Thomas, trustee, Sa- lem, 724. Weaver, George, commissioner, subscriptions, Lawrenceburg Bridge Company, 737. Weaver, John, administrator of Elijah Sparks, relief act for, 687-88. Wells, William, death, 851; jus- tice of peace, Knox County, 851. West, Martin, justice of peace, Harrison County, 844. Westfall, Abel, Knox County, county seat commissioner, Gibson and Warrick, 431-32; judge, 850, 851. Westfall, Abraham, Knox Coun- ty, justice of peace, 851n; probate judge, 851. Westfall, Newton E., allowance, services in contested election, 119; coroner, Knox County, 854. Whipping, for counterfeiting, 76, 608; for slaves or serv- ants, 21. White, Alexander, justice of peace. Dearborn County, 837. White, Isaac, justice of peace, Knox County, 852. White, Jonathan, coroner. Dear- born County, 838. 922 INDIANA HISTORICAL COLLECTIONS White River, surveyed by Rals- ton, 47-48. Whitewater River, act for im- proving navigation of, 43, 298- 301; joint action asked of Ohio on opening of stream, 790. Whitford, Benjamin, divorce, 727-28. Whitford, Nancy, second mar- riage legalized, 727-28. Whitinghill, David, relief act for securities of, 721-22. Whitworth, John, Franklin County, judge, 839; justice of peace, 840. Wiley, Allen, justice of peace, Switzerland County, 858. Wiley, Moses, justice of peace. Dearborn County, 837. Wiley, Spencer, justice of peace. Dearborn County, 837. Wilhite, Ekellis (Achilles), jus- tice of peace, Jefferson Coun- ty, 848. Wilkinson, Peter, justice of peace: Posey County, 856; Wari'ick County, 859; representative, Perry and Posey counties, 830, 855, 856. Willey's Mill, 51. Williams, Joseph, trustee, Indi- ana Church, 192. Williamson, Cornelius, justice of peace, Washington County, 861. Williford, William L., justice of peace, Wayne County, 863. Wills, executors to give bond, 495; when proven, 496; pro- bate of, 572-73, 617-18; pro- visions of Ordinance concern- ing, 92. Wilson, Isaac, justice of peace, Franklin County, 839. Wilson, Walter, Knox County, brigadier general, Indiana militia, 61n; councilor, 826, 827, 828, 849; justice of peace, 852; mentioned, 506. Wilson, W' illiam, justice of peace. Dearborn County, 836. Winchell, James, justice of peace, Franklin County, 840. Winchell, John, coroner, Frank- lin County, 840. Winemiller, Jacob, justice of peace, Knox County, 852. Winscott, Thomas, justice of peace, Franklin County, 840. Witnesses, circuit judges may subpoena from any county, 521; contested elections, 492; credibility in illegitimacy cases, 147; dedimus for ex- amination of, 127-28, 521-22; depositions taken when, 127- 28, 265; examination of, 365; fees, 40-41 ; justice may sub- poena from any township of county, 264-65 ; nonattend- ance, 40, 265, 492; voluntary, to indorse indictment, 65, 448- 49 ; when required, actions for debt, 466-67. See Fees, Fines. Wolves, bounty for killing, 37, 222-23. Wood, Elizabeth, sec Elizabeth Smith. Wood, James Noble, judge: Clark County, 831, 832; Knox County, 850. Wood, Richard, justice of peace, Switzerland County, 858. Wooly, James, justice of peace, Jefferson County, 848. Work, John, Clark County, rep- resentative, 113, 826, 831; trustee, Charlestown, 140-42. INDEX 923 Wright, John, justice of peace: Harrison County, 844; Wash- ington County, 860. Wright, Noah, sheriff, Washing- ton County, 861. Wright, Robert, incorporator, Decatur Bridge Company, 660. Writs, clerks, circuit court, to attest, 522. See names of writs. Written instruments, how as- signable, 503. See Executors. Young, Aaron, justice of peace, Knox County, 853. Young, Adam, Warrick County, county seat commissioner, Po- sey County, 531. Young, James, judge, Washing- ton County, 860; justice of peace: Harrison County, 843; Washington County, 860. Zenor, Jacob, justice of peace: Clark County, 833; Harri- son County, 843; major, militia, 62. UNIVERSITY OF ILLINOIS-URBANA ^;3 12IN2S1809-1816 C002 THE LAWS OFINOIANA TERRITORY INO ":^^^M^^f>-n l%l%