LAWS TASSED IN THE TERRITORY OF THS UNITED STATES NORTH-VTEST OF THE RIVER OHIO, FROM THE COMMENCEMENT OF THE GOVERNMENT TO THE 3lft. OF DECEMBER, PUIL^D ELPHIA BY ?KAKCIS CKitPS AND JOHN x A COPY of Laws paffed in the Terri tory of the United States North-Weft of the River Ohio, from July to December, 1792, inclufive. WINTHROP SARGENT. 7be PRESIDENT if iht United States. COPIES of the Laws which have been adopted and publifhcd in the Territory of the United States north-weft of the River Ohio, from the commencement of Government to the day of December, inciufive made out om the original Records in the Secretary s Office, and to be tranfmitted to the Secreta ry of Congrefs, agreeably to the Ordinance of the thirteenth of July, one thoufand fevea hundred and eighty-feven. CHAPTER L A LA W for regulating and eftabtifl ing the Mu ITIA m the Territory of- the United States north-weft of the river Ohio, pubtijhtaat the city of Marietta upon the twenty fifth day of July, in the thirteenth year oj- the Inde ben dense of the United States, and of our Lsrrd one thoufana jtven hun dred and eighty eighf, by his Excellency Arthur St. Clair, Efquire,, Govcrnour and Commander in Chief ^ and by tJie Honourable Samuel Holden Paribns and James Mitt chell Varnam, Effiarcs t Judges. LL male inhabitants between the ae of AH male in. A fixteen and fifty, (hall be liable to and perform military duty, and be formed into corps in the following manner. Sixty four rank and file mall form a com- toow . to ** pany. Eight companies mall form a battalion. orgamz<x * * Two battalions fhall form a regiment. There fhall be appointed to each company, one captain, one lieutenant, one enfign, four ferjeants, four .corporals, one drummer and one fifer. To a battalion there fhall be appointed,^ one lieutenant colonel, one major, and one adjutant. To a regiment one colonel. The corps fhall be divided into fenior and to fee claff. junior clafles. cd| And whereas in thp infant ftate of a country, defence and protection arcabfolutely efTcntial, B 285001 C 4 ) all male inhabitants of the age of fixteen and upwards, fhall be armed, equipped and accou tred in the following manner j how to tw With a mufket and bayonet, or rifle, car- otred tridge box and pouch, or powder horn andbul- kt pouch, wi*h forty rounds of cartridges, or one pound of powder and four pounds of lead, priming \vire and brufh and fix flints. and when ^nd. whereas for fecunng the principles of ; defence and protection, it is neceffary to beaf- fembled upon certain times, and at certain pla ces, for examining and infnecting the arms and accoutrements, and for disciplining the men in a foldierly manner : And whereas the afTem- bling of the members or community at fixed periods, conduces to health, civilization, and morality ; and fuch afTembling without arms In a nearly fettled country, may be attended with danger ; Therefore the corps fhall be paraded at ten o clock in the morning of each firft day of the week, armed, equipped, and accoutred as aforefaid, in convenient places next adjacent to the place or places already affigned, or to be affigned for public worfhip : a! other times and places, the corps fhall be paraded for muf- ter, exercife, and review as the commander in chief may direct. And whereas in the prefent ftate of the territory it is neceffary that guards be eltabliflied ; the commander in chief, and the commanding officers of counties, and of fmaller diftricts fhall make fuch detachments for guards and ether military duty as the pub lic exigencies may in his, or their opinion re* quire. Thofe who have born commiflions, civil or military, in the fervice of the United States, or either of them, and who have been honor ably difcharged therefrom, and all fuch as have ( 5 ) been graduated in colleges or univerfities, fhall how to. bo compofe the fenior clafs. Males above the age cjafl * d of fifty fhall be liable to military duty iii cafes of actual invafion only, and then at the direc tion, of the commander in chief. Officers of exemptions, civil government appointed by Congrefs or commiflioned by the Governour are exempted from the duties aforefaid. If any male inhabitant mall neglect or refufe ,,. f Y. r i ii r Fine or ne to appear at the fixed times and places of pa- gie&ing the rade by this law eftablifhed, he fhall be fined in the fum of twenty five cents, unlefs he mall render an excufe to the fatisfaction of the com manding officer of his corps. If any male as aforefaid fhall neglect or refufe to appear at fuch time and place as the commander in chief mall fpecially direct, for mufler, review, and exer- cife, he fhall be fined in the fum of fifty cents, unlefs excufed as aforefaid. If any male as aforefaid fhall neglect or re fufe to appear upon the order of the comman der in chief, or other officers as aforefaid, for guards or other ordinary .military duty,or refufe to perform the fame, he fhall be fined in the fum of one hundred cents which offences fhall be pines how- heard and determined by the officers of the to . bcdetw> * company to which the offender may belong, and upon conviction, a warrant of diitrefs fhall iflue from the commander of fuch company, di rected to either of the ferjeants of the fame, requiring him to collect the fines aforefaid, and pay the fame into the treafury of the town, ci ty or county wherein the conviction fhall have taken place, withhi twenty days next after iflu- ing fuch warrant. For the fecond, and all fuc- ceeding offences in the cafes before mentioned, the perfons charged with having committed the fame, fhall be heard, tried and fentenced by courts-martial* On negieA If any male inhabitant as aforefaid, fliall ne- of duty in gleet or refufe to appear and perform his duty cafe of in & i r i i i X Tafion, &c. under the orders or the commander in chief, againfl an enemy invading the territory, or mail refufe, difobey or neglecl: the orders given by hi& officers, or any of them, in time of action, he mail be deemed guilty of cowardice and de- fertion, and be heard, tried, and Sentenced by a court-martial. Dutyofoffi- All officers mail be attentive to the forming, **" difciplining, parading, and commanding their refpedlive corps, and to. fuch other duties as mall refpectively bind them by this law, and by the orders from time to time to be given by the commander in chief. how to be If any officer mall be guilty of a breach of tried on ne- this law, or in any refpeft violate, or neglecl: S : - his duty, he mail be heard, tried, and fentenced by a court-martial. Court-mar- A court-martial mail confifl of not more than tn ^ rteen members, nor lefs than five, whereof one at leaft fhall have rank fuperior to that of a captain. by whom A court -martial mail be appointed by the appointed* commander in chief, or the commanding offi- fentences r 11- 11 approved. cers * a regiment or battalion ; but the com mander in chief only fhall hare the power of approving and carrying into effeft fentences of courts-martial, whereby the punifhment fhall be capital, or an officer cafhiered. AR. ST. CLAIR. SAML., H. PARSONS. F. M. VARNUM. ( 7 J CHAPTER H. JL LAW for cjlablijhing General Courts of Quarter Sef- JLons of the Peace (and therein of the powers of fingle 7uftir.es J, and for eftablijhing County Courts of Common Pkas> (and therein of the power of finale Judges to hear and determine upon fmall debts and contracts}, and aljo a Law for eftablifhing the OJjice of Sheriff, and for th* appointment of Sheriffs. ^ Publifhed at the city of Mari etta, in the county of Wajhington and Territory of the United States north-weft of the river Ohio, by his Excel lency Arthur St. Clair, Efquire, Governour and Com mander irijChief, and Samuel HoldenParfons and James Mitchell Varnum, Efquires, Judges, upon the twenty third day of Auguft, in the thirteenth year of the Inde pendence of the United States, and in the year of our Lord one thoufandfeven hundred and eighty eight. THERE fhall be a court in each county county flyled the General Quarter Seffioris of the courts tf Peace, holden and kept Tour times in every feLns, year in each county. That for the county of Washington (hall be where and holden and kept at the city of Marietta, upon wheo to be the fecond Tuefdays of March, June, Septem- holden ber, and December. And there (hall be a competent number of juftices of the peace in every of the counties, appointed and comimT- fioned by the governour under the feal of the territory, which juftices, or any three of them, one at leaft being of the quorum, fhall and may hold the general feffions of the peace ac cording to law. Not lefs than three, nor more than five of Number of the faid juftices, in each county, fhall be fpe- juftice* to cially named in a general commiffion for hold- ing the faid courts of quarter feffions of the peace. The juftices, or any three of them, one be- Spccia i ing of the quorum as aforefaid, may hold fpe- cial feffions when, and as often as occafion may require. And theTaid juftices; and each and every "iiem, fhall have power and authority in and ( 8 ) rower oi out of feflions, to take all manner of recogm- ihe juftkcs. Z ances, with or without furety, for good be haviour, to keep the peace, or for appearance at a fuperior judicatory, whether to the quar ter feflions, if out of the time of feflions, or to the general court of the territory, as the cafe may be, to anfwer to charges exhibited, or crimes committed in. the view of fuch juf- tices, or any of them, and whereof they have not competent power to hear and -determine. And in cafe any perfon or perfons fhall fefufe to enter into recognifance as aforefaid, and to find furety when thereunto required, it mall and may be lawful for fuch juftice or juftices, in or out of feflions as aforefaid, to commit the perfon or perfons fo refuling to gaol, there to remain until he or they mail comply with the order of fuch juflice or juftices. All recognifances for the peace, good beha- v * our > or appearance at the feflions, which* fhall C< be taken by any of the juftices out of feflions, fhall be certified into their faid general feflions of the peace, to be holden next after the taking thereof ; arid every recqgnifance taken in or out of feflions for fufpicion of any manner of crime not try able in faid court of quarter fef- fions of the peace, fhall be certified before the general court of the territory at their next fucceeding term, or before a court of oyer and terminer and gaol delivery for the county, to be holden next after the taking thereof, without concealing, detaining, or embezzling proceedings the fame. And in cafe any perfon or petfons ftal1 forfe ^ his or their recognifances of the . peace, goocl behaviour, or appearance* the re cognifances fo forfeited, with the record of default, or caufe of forfeiture, fhall be fent and certified without delay, by the juftice or juftices of the peace, into the quarter feflions, if taken ( 9 ) out of the feflions and returnable to the fame , or into the general court of the territory, as on forfeiture the cafe may be, whether taken in or out of j n ^ cognu feffions ; that in either cafe procefs may ifiue according to law. All which forfeitures mall be levied by the proper officers, and paid Forfeiture* to the clerks of the refpeftive courts, to be 1 J * d paid by them into the public treafuries ; that is to fay, by the clerk of the quarter feffions, into the treafury of the county, and by the clerk of the general court into the general treafury of the territory. One or more juftices of the peace mall and juftices out may, out of feflions, hear and determine ac- ef fc u ffion * / * r r i i ma y hear & cording to the courfe or the common law, petit determine crimes and mifdemeanours, wherein the punifh- P etit crime * ment mail be by fine only, and not exceeding three dollars, and to affefs and tax cofts. And thelr pow . in cafe any perfon or perfons mall refufe to er on refu. obey, fulfil, and perform the fentence or fen- [heiTde^ tences- given againft him or them by the juf- minationg tice or juflices herein, it mail and may be law- herein * c - ful for fuch juftice or juftices to commit the delinquent or delinquents to gaol, there to re- main until fentence be performed. And it fhall be lawful for fuch juftice or juftices when ever the crime mail be committed in his or their prefence or view, to fentence as aforefaid, without further examination : and which fines Fines tobe > {hall be by fuch juftice or juftices paid to the paid to the clerk of the court of quarter feffions, and by him paid into the county treafury. All war rants iflued by a juftice or iuftices out of feffions . . r J i ,. J - . iflued out either for apprehending, fecurmg or commit- O f feffions ting to gaol, perfons fufpedted, or convicted how to ^ of crimes (hall be under the hand and feal of attc e fuch juftice or juftices, and directed to an of ficer or officers, whofe duty it fhall be to exe- C 10 ) cute criminal procefs ; and fuch officer or of ficers fhall obey the warrant or warrants iffued as aforefaid. The courts of general quarter feffions of the Power of n 11 i i i t r the courts peace ihall and may hear, dctei mine and fen- of quarter tence, according to the courfe of the common >D8t law, all crimes and mifdemeanours, of what- eyer nature or kind, committed within their refpe&ive counties the punifhment whereof doth not extend to life,, limb, imprifonment for more than one year, or forfeiture of goods and chattels, or lands and tenements to the govern ment of the territory. And that perfons indifted or outlawed in one county 5 whodwelI 3 remove,or are received into another county may be brought to juflice, the faid courts of general quarter, feffions of the peace, fhall and may dired their writs or precepts under the feal of the courts, and fign- ed by the clerks refpe&ively, to all or any of the fheriffs, or other officers impowered by law to execute criminal procefs in each or any of the counties within the territory as the cafe may be, requiring to take and bring before faid court, fuch perfons indi&ed or outlawed as aforefaid. And the faid court of quarter fef fions fhall and may iflue fubpoznas, and other warrants, under the feal of the court, and fign- ed by the clerk, into any county or place in the territory, for fummoning or bringing any perfon to give evidence in and upon any mat ter or caufe, examinable or tryable before fuch court, under fuch pains and penalties as fub- pcenas or warrants of that kind, are by law granted and awarded. And a juflice or juftices out of feffions, may in like manner, and under fjmilar penalties, grant fubpcenas, and other warrants, to any place or places within their refpeftive counties. County Courts of Common Pleas. A number of fuitable perfons, not exceed ing five, nor lefs than three (hall be appointed in each county, and commiflioned by the go- common vernor under the feal of the territory, to hold P lca *. ho * r . r t t rt i t i conuitutedi and keep a court of record, to be ityled, the County Court of Common Pleas : which courts when hoi. fhall be holden at two fixed periods in every dcn year, and in each county refpe&ively, at the places where the general courts of quarter fef- iions of the peace, fhall be kept. That for the county of Wafhington mail be holden upon the third Tuefdays of March, and firft Tuef- days of September. The judges fo appointed and commiflioned, the power. or a majority of them fhall hold pleas of aflizes, fcire facias, replevins, and hear and determine all manner of pleas, actions, fuits, and caufes of a civil nature, real, perfonal and mixed, ac cording to the constitution and laws of the territory. The faid court fhall and are hereby empow ered to grant under their feal, and figned by their clerk, replevins, writs of partition, writs of view, and all other writs and procefs upon pleas and actions cognizable therein, as the cafe may require. The court fhall and may ifiue fubpcenas un der their feal, and figned by their clerk for the fame purpofes, in the manner, and under limilar penalties, as the courts of general quar ter feffions of the peace are empowered to iflue the fame. And for the more fpeedy recovery of fmall debts and demands contracted within the territory ; it fhall and may be lawful for one or more of the judges of the court of com mon pleas, in their refpeftive counties, to hear and determine, all debts and demands, contrac- C C 12 ) Power of te d as aforefaid, whether upon bond, bill, note, the county book account, or affumpfit in fad or law, wherein the fum demanded {hall not exceed five dollars. And fuch judge or judges ihall iffue execution under his or their hands and feals directed to the fheriff, or other proper of ficer, for executing the judgment fo given, returnable in thirty days from the teft thereof. Sheriffs. sheriffs in There mall be appointed and commiffioned each county by the governour, in each county of the terri- odgive tor y> a Sheriff, who mail take the oaths of alle- bond , giance to the United States, and of office, and mall give bond with two fufficient fureties, in the penal fum of four ^houfand dollars, for the faithful difcharge of the duties of his office. . dutieg The duties of each fheriff mail be, to keep the peace, by caufing all offenders againft law, in his view, to enter into recognifances, with fureties, for keeping the peace and appearing at the next general quarter feffions in the fame county, and to commit in cafe of refufal ; and which recognifances ihall by the faid . fheriff be returned, and certified before the faid quar ter feffions It fhall alfo be his duty to quell and fupprefs all affrays, routs, riots, and infur- re&ions ; and for which end he mail, and is hereby empowered, to call to his aid the power of the county. He fhall purfue, apprehend and commit to gaol, all felons and traitors ; he fhall execute all warrants, writs and other procefs, which by law fhall appertain to the duties of his office, and which mail be directed to him by legal authority. He fhall duly at tend upon all courts of record, at their refpec- .tive terms or feffions, in his county. AR. ST. CLAIR, SAML. H. PARSONS, JAMES M. VARNUM. C 13 ) CHAPTER HI. A L A W iftabtifaing a Court of Probate, publijhed in, the Territory of the United States north- weft of the river Ohio^ by his Excellency Arthur St. Clair, Efquire, Governour, and the Honourable Samuel HoldeaParlons, James Mit chell Varnum, and John Cleves Symmes, Efquires, Judges, at the city of Marietta,, the thirtieth day of Au- guft, in the thirteenth year of the Independence of the Uni ted -States, Anno Dbmini one thoufandfiven hundred and eighty eight. THERE fhall be appointed one judge of judges of probate in each county, whofe duty it P r J ate m n. 11 i_ i i r r / n in ach county inall be to take the proof or lalt wills and telta- their duty j ments and to grant letters teftamentary and letters of adminiftration and to do and perform every matter and thing that doth, or by law may appertain to the probate office, excepting the rendering definitive fentence and final de crees. The judge (hall hold four feflions in each and to hold four every year, and may adjourn from time to time, ^ ona J" or appoint a fpecial feflions, and at fuch place &c. in the county as he may deem expedient, when ever the circumftances of the people may re quire it. The feflions for the county of Warn- ington fhall be holden at the city of Marietta upon the firft Monday of January, April, Au- guft, and Oftober annually. In all cafes wherein it fhall be neceflary to render a defini tive fentence, or to render a final decree, and Sentences upon a point contefted, the judge fhall calLto how rcn - his affiftance, two of the juftices of the court of 6red common pleas of the fame county ; who, to gether with the judge fhall conftitute the court of probate ; a majority of whom fhall have power to render final fentences and decrees in all matters cognizable before faid court ; Pro vided however, that from every definitive fen tence, and from every final decree, rendered by the court, there may be an appeal to the gene- ral court of the territory, the appellant giving bbnd with two fufficient fureties, to profecute his appeal with effect, which appeal mall be en tered upon the fecond day of the term of the court appealed to, and next holden for the county in which the appeal was taken. judge to The judge, previoufly to his entering upon take oath; the dut j es of h j s offic ^ ^jj be fwor ^ before the governour, to a true and faithful difcharge thereof. to record The judge (hall record laft wills and tefta-] Uft wills, men ts, and make entries of the granting of let- ters teftamentary, and letters of adminiftrationt he fhall receive, put on file, and carefully pre- ferve all bonds, inventories, accounts, and other documents, neceflary to be perpetuated in his office. Bonds to All bonds that by this law are, or by law whomtobe fh a li be directed to be given in the court of probate, or probate office, fhall be made to the, judge, and fhall be in truft, to and for the ufe of all perfons concerned, or having intereft therein : And the benefit thereof, fhall be* ex tended from time to time, to and for the re lief of the party injured. judges to The judge fhall deliver a certified copy of t!fied er co Cr ~ an y b n d taken by him as aforefaid, to any per- of bondon fon interefted, and requefting the fame, and he fl^n a }f o produce the original bond in court, upon any trial that fhall be had for the breach of the conditions thereof, whenever required by fuch court, and upon refufal, or delay herein, the judge fhall forfeit and pay to the party in jured treble damages. And there fljall be ap pointed a clerk of faid court of probate who lhall be fworn to a faithful difcharge of the du ties of his office, before he enters into the ex ecution thereof j and the clerk fhali record all ( 5 ) fentences and decrees of the court of probate, and make entries and records of all matters proper to be entered and recorded in his office AR. ST. CLAIR. SAML. H. PARSONS. J. M. VARNUM. JOHN CLEVES SYMMES. CHAPTER IV. A L A W forjixing the Terms of the General Court of tht Territory of the l/nited States north-weft of the river Ohio, publijhed by his Excellency Arthur St. Clair, Efqr* Governour, and Samuel Holden Parfons, James Mit chell Varnum, and John Cleyes Symmes, Efquires, Judges, at the city of Marietta, the thirtieth day of Au- guft, in the thirteenth year of the Independence of the Uni ted States, and of our Lord one thoufand Jeven hundred and eighty tight, THE general court for the territory of the Gen. coo* United States northweft of the river p ea civil Ohio,fliall hold pleas, civil and criminal, at four and cr certain periods or terms in each and every year n * &c * in fuch counties as the judges mall from time to time deem moft conducive to the general good, they giving timely notice of the place of their fit ting; that is to fay, Upon the firftMonday of Fe bruary, May,Odober and December. Provided however, That but one term be holden in any one county in a year; and that all procefices, civil and criminal, mall be returnable to faid court wherefoever they may be in faid territory. And as circumftances may fo intervene as to prevent a feffions of the court at the time and place adjourn,&c t fixed upon, it mall and may be lawful for the court, to adjourn from time to time, by writ di- refted to the fheriff of the county ; and to con tinue all procefs accordingly : And in cafe neither of the judges (hall attend at the time and place aforefaid, and no writ be received by the fheriff, it fhall be his duty to adjourn the court from day to day, during the firft fix days of the term ; and then to the next term ; to which all procefles fliall be continued as a- forefaid. Provided however, That all iflues in fad fhall be tried in the county where the caufe of adion fhali have arifen. AR. ST. CLAIR. SAML. H. PARSONS. J. M. VARNUM. JOHN CLEVES SYMMES. CHAPTER V. A L A W ref peeling Oaths of Ofce, publijhed by his Ex cellency Arthur St. Clair,/ quire, Governou- of the 7>r- ritory of the United States north-weft of the river Ohio, and by the Honourable Samuel Holden Parfons, and James Mitchell Varnum, EJ quires. Judges, at the city of Marietta,, in the Territory aforefaid, upon the Jecond day of September, in the thirteenth year of the Independence of thefaid United States, and of our Lord one thoufand feven hundred and eighty eight* 1? VERY P erfon appointed to any civil office d to civil r^i in the territory, and commiflioned by toke^ h ^ governour, fhall previoufly to his entering upon the exercife of his office, take the follow er ing oath, viz. I, A B, being appointed to the office of do folemnly fwear, that I will well and truly execute the duties of my faid office, according to the befl of my fkill and underftanding, without fraud or partiality. So help me God. Any perfon appointed as aforefaid, confci- affirmation, ent j ou fly f cru p u i ous o f taking an oath, fhall make the following affirmation, previoufly to entering upon the duties of his office, viz. I, A B, being appointed to the office of ( 7 ) da folemnly, fincerely and truly declare and affirm, that I will well and truly execute the duties of my faid office, according to the beft of my (kill and underftanding, without fraud or partiality : And this I declare and affirm under the pains and penalties of perjury. And that all oaths of office, or declarations b e f ore and affirmations prefcribed as aforefaid, .mail governor. be taken before the governour, or fuch perfon or perfons as mall by him be appointed and commiffioned for that purpofe, and certified upon the commiffion of the perfon taking s the fame. And in cafe of the abfence of the go vernour, the faid oath, or declaration and affir mation may be taken before, and certified by either of the judges of the territory. AR. ST. GLAIR. SAML. H. PARSONS-. JAMES M. VARNUM. CHAPTER VI. A L A W refpefling Crimes and Punijhments, publijhedby his Excellency Arthur St. Cl*ir,Efquire, Governour, and the Honourable Samuel HoldenParfons,and James Mit chell Varnum, Ef quires, Judges oj the Territory of the United States north- weft of the river Ohio, at the city of Marietta, thefixth day of September, in the thirteenth year of the. Independence of the United States, and of our Lord one thoufandfeven hundred and eighty eight. Treafon. IF any perfon belonging to,^ refiding in, or What of- prote&ed by the laws of this territory, (hall fences levy war againft the Usiited States, or againfl this territory, or mail knowingly and wilfully aid or aflift any enemies at war againft the Uni ted States, or this territory, by joining the ar- ( 18 ) be deemed * e * or fleets offuch enemies, or by inlifting^ persuading or procuring others to join faid fleets or armies, or by furnifhing fuch enemies with arms, or ammunition, or proviiions, or any ether articles for their aid or comfort, or by carrying on a trealbnable and treacherous cor- refpondence with them, or (hall form, or be treasonable* any way concerned in forming any combina tion, plot or confpiracy for betraying the Uni ted States, or this territory into the hands or power of any foreign enemy, or fhall give or attempt to give or fend any intelligence to any fuch enemy for faid purpofe, the perfon or perfons fo offending fhall be deemed guilty of treafon and upon conviction thereof fhall fuffer the pains of death, and fhall moreover forfeit all his, her or their eftate, real and per- fonal, to this territory. Murder. Murder. If any perfon or perfons fhall with malice aforethought, kill or flay another perfon, b<s, fhe, or they fo offending, fhall be deemed guilty of murder, and upon conviction thereof fhall fuffer the pains of death. Man/laughter. If any perfon or perions fhall wilfully kill or flay another perfon without malice afore thought, he, fhe, or they fo offending fhall be deemed guilty of manflaughter, and upon con viction thereof, fhall be punifhed as at the com mon law hath heretofore been ufed and accuf- tomed. Provided neverthelefs, That if any perfon in the juft and neceffary defence of his own life, or the life of any other perfon, fhall kill or flay another perfon attempting to rob or murder in the field or highway, or to break into a dwelling houfe, if he cannot with fafety to himfelf otherwife take the felon or aflailant, or bring him to juftice, he (halite h olden. guilt- lefs. Atfin. If any perfon or perfons mall wilfully and Arfon.what malicioufly burn or caufe to be burnt, or fhall be wilfully and malicioufly aiding and aflifting in burning any dwelling-houfe or other build ing thereunto adjoining, he, (he, or they fo of- Uow pa- fending fhall be deemed guilty of arfon, and niflled upon conviction thereof, (hall be whipped, not exceeding thirty-nine flripes, put in the pillory and there be continued not exceeding the fpace of two hours, confined in gaol not exceeding the fpace of three years, and forfeit all his, her or their eftate, real and perfonal, to this terri tory ; out of wnich eftate, if fufficient, (hall be paid to the party injured his full damages. Ancl in cafe death fhould enfue from fuch burn ing, the offender or offenders upon conviction thereof, fhall fuffer the pains of death. Burglary. If any perfon or perfons fhall in the night feafon break open and enter any dwelling-houfe, fhop, fibre or veflel in which any perfon or perfons dwell, or refide, with a view and inten tion of ftealing and purloining therefrom, he, {he or they fo offending fhall be deemed guilty h w P U - of burglary, and upon conviction thereof, fhall mlbedi be whipped, not exceeding thirty-nine ftripes, and find fureties for good behaviour for a terra not exceeding three years, and upon default of fureties, fhall be committed to gaol for a term- not exceeding three years, or until fentence be performed. If the perfon or perfons fo breaking and en- and fined, tering any dwelling-houfe, fhop, flore or veflel as aforefaid, fhall actually fteal and purloin, therefrom, he, me or they fo offending, upon conviction thereof, fhall moreover be fined in D yorfeittire on perfoiis breaking houfes,&c. wilful mur der. tttfele the value of tlie articles ftolen; one thinjl of fuch fine to be to the territory, and the othef two thirds to the party injured. If the perfon or perfons fo breaking and en tering any dwelling-houfe, (hop, ftore or veffel as aforefaid, (hall commit, or attempt to com mit any perfonal abufe, force, or violence, or {hall be fo armed with any dangerous weapon or weapons as clearly to indicate a violent in tention, he, (he or they fo offending, upon con viction thereof, mall moreover forfeit all his, her or their eflate, real and perfonal, to this territory, out of which the party injured (hall be recompenced as aforefaid, and the offender mail alfo be committed to any gaol in the ter ritory for a term not exceeding forty years. What cafes And if the death of any innocent perfou deemed fhould enfue from the breaking and entering any dwelling-houfe, mop, ftore or veflel as a- forefaid, in any of the inftances aforefaid, the perfon or perfons fo breaking and entering {hall be deemed guilty of wilful murder. And all perfons aiding and affifting in breaking and entering any dwelling-houfe, mop, ftore or vef- fel as aforefaid, or in any of the crimes confe* quent thereupon, as before pointed out, mall be deemed principals. Robbery. If any perfon or perfons mail unlawfully and forceably take from the perfon of another in the field or highway, any money, goods or chattels, he, he or they fo offending mail be deemed guilty of robbery, and upon conviction thereof, {hall fuffer as in the firft inftance of burglary. Whoever fhall commit fuch robbery with perfonal abufe or violence, or be armed at the time with any dangerous weapon or weapons fo as clearly to indicate an intention of violence, he, {he or they fo offending, upon convi&ioa What crimes deemed robbery, and how punifhed, ( ax ) thereof, fhall moreover Cutter as in the fecond Robbery inilance of burglary. And in cafe any perfon or perfons robbing or attempting to rob, as aforefaid, fhall kill or flay any perfon or per fons defending him, her or themfelves, or others, or his, her or their property againft fuch rob ber or robbers, or perfon or perfons attempt ing to rob, or in purfuing and endeavouring to apprehend and fecure fuch perfon or per fons fo robbing or attempting to rob, he, me or they fo offending (hall be deemed guilty of wilful murder. And all aiders and abettors in any robbery as aforefaid, and in any of the crimes confequent thereupon, as before pointed out, fhall be deemed principals. AR* ST. GLAIR, SAML. H. PARSONS, JAMES M. VARNUM. Riots and unlawful Affemblies. If three or more perfons mall affemble to- Fines on gether with intention to do any unlawful a&, ^^^ with force and violence, againft the perfon or & c e . m property of another, or to do any other unlaw ful aft, againft the peace and to the terror of the people ; or being lawfully aifembled, fhall agree with each other to do any unlawful aft as aforefaid, and fhall make any movement or preparation therefor, the perfons fo offending, and upon conviction thereof fhall pay, as a fine, each, to this territory, the fum of fixteen dol lars, and find furety for their good behaviour refpe&ively for the fpace of fix months, and {land committed till fentence be performed. Whenever three or more perfons fhall be Judges du affembled as aforefaid, and proceeding to com- ty mit any of the offences aforefaid, it fhall be the duty of all judges, juftices of the peace and fheriffs, and all minifterial officers, immediately upon adual view, or as foon as may be upon judges da-* information, to make proclamation in the heaN ty on un- m ^ o f f uc fa offenders, if filence can be obtained. lawful af O ,. . 5 . r . TT . commanding them in the name or the United States, to difperfe, and depart to their fevenl homes, or lawful employments : And if upon fuch proclamation, or when filence cannot be obtained, fuch perfons fo aifembled mail not difperfe, and depart as aforefaid, it (hall then be the duty of fuch judges, juftices of the peace and (heriffs, and other minifterial officers, re- fpectively, to call upon all perfons near, and of abilities, and throughout the county, if necef- fary, to be aiding and afiifting in difperfing and taking into cuftody all perfons aflembled as aforefaid : And all military officers and others called upon as aforefaid are hereby ordered and dire&ed to render inftant and full obedience in this behalf, upon the penalty of ten dollars each for every neglect or r^fufal herein, and commitment in cafe of non-payment. If any of the perfons fo unlawfully aflembled fhall be killed, maimed or otherwife injured, in confe- quence of refilling the judges, or others in dif perfing and apprehending, or in attempting to difperfe and apprehend them, the faid judges, juftices of the peace, and fheriffs, an4 other tninifterial officers, and others acting by their authority, or the authority of any of them, mail be holden guiltlefs. ob. If any perfon or perfons (hall forceably ob- g ftruft any of the authority aforefaid, or if any i U c. y three or more perfons, ihaU continue together after proclamation as aforefaid made, or at tempted to be made, and prevented by fuch rioters 5 or in cafe of no proclamation, any three or more perfons, being aflembled as afore faid, fhall commit any unlawful act as afore faid, every offender, upon conviction thereof, fhall be fined in a fum, not exceeding three hundred dollars, and be whipped, not exceed- f 23 ) ing thirty-nine ftripes, and find furety for good . , T r t committinar behaviour for a time not more than one year, un i a wfui at the difcretion of the court before whom the a<a > ho * conviction may be had. And upon a lecond P unUhcd * conviction, each and every offender mail be; whipped and fined as aforefaid, and find furety for good behaviour and the peace for a time not exceeding ten years, and may be commit ted to any gaol in the territory till fentence be fully performed. Perjury. If any perfon lawfully called upon to give p^-^ evidence before any court of record, or other what cafef authority in this territory, qualified to admini- <* eemed f<l i_ j r i j i i rr - howpumfli- iter oaths and iolemn declarations and affirma- c d. tions, (hall wilfully depofe, affirm, or declare, any matter to be fact, knowing the fame to be falfe, or (hall in like manner, deny any fact, knowing the fame to be true, or (hail refufe to depofe, to affiroa^ or declare fuch fact, know ing the fame to be true, the perfon fo offending fhall be deemed guilty of perjury, and upon conviction thereof, mail be fined in a fum not exceeding fixty dollars, or be whipped not ex ceeding thirty-nine ftripes, and fhall moreover be fet in the pillory for a fpace of time not ex ceeding two hours, and be ever after incapable of , giving teftimony, being- a juror, and of fuf- taining any office, civil or military in this ter ritory. And if any perfon or perfons mall corruptly procure any other perfon to commit the crime of perjury, as before defined, he, flie, or they fo offending, fhall upon conviction thereof fuf- fer the fame punifhments and difabilities as in the cafe of actual perjury. Larceny. If any perfon or perfons fhall fteal or pur loin from another perfon or perfons, any mo- ( 24 ) > goods, wares, or merchandize, or any other perfonal property or thing whatever, he, fhe, or they fo offending, fhall be deemed guilty of larceny, and upon convidion thereof, fhall for the firft offence reflore to the owner the thing ftolen, and pay to him the value there of; or two fold the value thereof, if the thing ftolen be not reftored, and mail be fined in a Jum not exceeding two fold the value of the thing or goods ftolen, or fhall be whipped not how pu- exceeding thirty-one ftripes, at the difcretion nifhed. of the court. Upon a fecond convidion, refti- tution and payment fhall be made to the owner as aforefaid a fine fhall be fet and paid to the territory, not exceeding four fold the value as aforefaid, and the offender fhall be whipped not exceeding thirty-nine ftripes : and in like manner upon every fucceeuing conviction. And in cafe fuch convict fhall not have pro perty, real or perfonal, wherewith to difcharge and fatisfy the fentence of the court, it fhall be lawful for the fheriff, by direction of the court, to bind fuch perfon to labour for a term not exceeding feven years, to any fuitable perfon who will difcharge fuch fentence. And if any perfon or perfons fhall receive any goods or other thing as aforefaid, know ing the fame to be ftolen, he, fhe, or they fa offending, fhall be deemed principally guilty, and upon conviction thereof fhall be punifhed accordingly. And if any perfon or perfons fhall agree or compound, or take fatisfaction for any fteal- ing, or goods ftolen, fuch perfon or perfons upon convidion thereof, (hall forfeit twice the value of the Aims or thing agreed for or taken : but no perfon fhall be debared from taking his goods again, provided he profecute the thief. C *5 ) Provided alfo, that nothing herein fhall be con* {trued fo as to oblige a parent to profecute a child, being an infant , or in a ftate of minority* Forgery. Whoever fhall forge, deface, corrupt, or em* Forgery, bezzle any charters, gifts, grants, bonds, bills, conveyances, wills, teftaments, or written con- tra&s of any nature or kind, or fhall deface or falfify any enrollment, regiftry or record, or matter or inftrument recorded, or fhall coun* terfeit the feal or hand writing of another with intent to defraud, every perfon fo offending fhall upon convidion thereof, be fined in dou* how ble the fum he fhall thereby have defrauded, or attempted to defraud another, one half there of to the party injured or intended to be in jured, and fhall moreover forever after be ren dered incapable of giving teftimony, being a juror, or fuftaining any office of truft, and be fet in the pillory, not exceeding the fpace of three hours. And all perfons wilfully aiding and affifling in the commiffion of thefe crimes, or who fhall caufe or procure the fame, or any. of them to be perpetrated fhall be deemed prin<* cipals. Ufurpation. No perfon fhall take upon himfelf, or exer- cife, or officiate in any office or place of au-. what cafcs thority in this territory, without being lawful- ly authorized thereunto ; and if any perfon ihall prefume fo to do, he fhall upon convi&ion thereof, be fined in a fum not exceeding one hundred dollars. AJfault and Battery. If any perfon fhall unlawfully afiault orAflauitand threaten another in a menacing manner, or ^ e t r c y ; fe$ fhall fhike, or wound another, he fhall upon deemed T conviction thereof, be fined in a fum not C 26 ) fined exceeding one hundred dollars : and the court before whom fuch conviction fhall be had, may at their difcretion caufe the offender to enter into recognizance with furety for the peace, and good behaviour, for a time not ex ceeding one year. Fraudulent Deeds, &c. Fraudulent All bonds, bills, deeds of fale, gifts, grants perfonf C * or other conveyances or obligations whatever, making made with intent to deceive and defraud others, feed. h W or to defeat creditors of their juft debts or de mands ihall be null and void ; and the perfon or perfons fo offending, fhall upon convidion thereof, be fined in a fum not exceeding three hundred dollars, and pay double damages to the party or parties injured. Difobedience of Children and Servants* PJ f If any children or fervants Ihall contrary to cafes of dif- the obedience due to their parents or matters, obedient refift or refufe to obey their lawful commands, en &c upon complaint thereof to a juftice of the peace, it fhall be lawful for fuch juftice to fend him or them fo offending, to the gaol or houfe of correction, there to remain until he or they fliall humble themfelves to the faid parents, or mafters fatisfaction. And if any child or fer- vant fhall contrary to his bounden duty pre- fume to affault or flrike his parent or matter, upon complaint and conviction thereof, before two or morejuftices of the peace, the offender be whipped not exceeding ten ftripes. Drunkennefs\ if any perfon fhall be convicted of drunken- r nefs before one or more juflices of the peace, the perfon fo convicted fhall be fined, for the firft offence, in the fum of five dimes, and for every fucceeding offence, and upon conviction, in the fum of. one dollar and in either cafe, ( 27 ) upon the offender s neglecting or refufmg to pay the fine, he fhall be "let in the (locks for the fpace of one hour. Provided however, that complaint be made to the juftice or juftices within two days next after the fcffence (hall have been committed. Improper and Profane Language. Whereas idle, vain and obfcene converfa- tion, profane curfmg and fwearing, and more specially the irreverently mentioning, calling uponj or invoking the facred and fuprcmc be- ing, by any of the divine chara&ers in which he hath gracioufly condefcended to reveal his infinitely beneficent purpofes to mankind, are repugnant to every moral fentiment, fubverfive of every civil obligation, inconfiflent with the ornaments of poliihed life, and abhorrent to the principles of the moft benevolent religion. It is expe&ed therefore, if crimes of this kind fhould exift, they will not find encouragement, countenance, or approbation in this territory. It is flri&ly enjoined upon all officers and mi- niflers of juftice, upon parents, and others, heads of families, and upon others of every defcription, that they abftain from practices fo vile and irrational ; and that by example and precept, to the utmoft of their power, they pre vent the neceflity of adopting and publifhing lawsj with penalties upon this head. And it is hereby declared that government will confider as unworthy its confidence all thofe who may obflinately violate thefe injunctions. Firft day of the wek. Whereas mankind in every ftage of inform ed fociety, have confecrated certain portions of time to the particular cultivation of the focial virtues, and the public adoration and worfhip of the common parent of the univerfe : and E ( 28 ) day of whereas a pra&ice fo rational in itfelf, and con- the week to formable to the divine precepts is greatly con- Dereiigioul- . ... * J. . ducive to civilization as well as morality and piety ; and whereas for the advancement of fuch important and interefting purpofes, moft of the chriftian world have fet apart the firft day of the week, as a day of reft from common labours and purfiiits ; it is therefore enjoined that all fervile labour, works of neceffity and charity only excepted, be wholly abftained from on faid day. AR. ST. CLAIR. SAML. H. PARSONS. JAMES M. VARNUM. CHAPTER VII. A LAW regulating Marriages : adopted and publijhed by His Excellency- Arthur St. Clair, Efqutre^ Governour, the Honourable Samuel Holden Parfons, and James Mi- chell Varnum, Judges of the Territory of the United States north-weft of the river Ohio. years, and female perfons of the ?ge of marr y ; fourteen years, and not prohibited by the laws of God, may be joined in marriage. by whom ; It fhall be lawful for any of the judges of the general court, or of the county court of com mon pleas in their refpedive counties, miniflers .of any religious fociety or congregation within the diftrids in which they are fettled, and the fociety of chritians called qtiakers in their pub lic meetings, to join together as hufband and wife all perfons of the above defcription who may apply to them agreeably to the rules and ufage of the refpeftive focieties to which the parties belong. Previonfly to perfons being joined in mar - inwhat riage as aforefaid, the intention of the parties manner ia- fhall be made known by publifhing the fame e ntion .* t- if r r r i iin t tne Parties for the fpace or fifteen days at the leait, either fhaii be by the fame being publickly and openly de- pubU&ed; clared three feveral Sundays, holy days, or other days of public worfhip in the meeting in the towns where the parties refpe&ively belong, or by publication in writing under the hand and feal of one of the judges before mentioned, or of a juflice of the peace within the county, to be affixed in fome public place in the town wherein the parties refpeclively dwell, or a li- cenfe mail be obtained of the governour under his hand and feal, authorifmg the marriage of the parties without publication, as is in this law before required. Male perfons under the age of twenty-one eertain years, and female perfons under the age of perfons to eighteen fliall not be joined in marriage with- ^ tain P re - /- n t t r r i r i vious- con- out firil obtaining the confent of their fathers f cnt O f pa . refpeftively, or (in cafe of the death or incapa- rents &c - city of their fathers) of their mothers, or guar dians, provided fuch parents or guardians live within the territory. Where perfons not refident within the ter ritory apply to be joined in marriage, the con fent of fathers, mothers, or guardians mall be obtained in like manner as if they were citizens of the territory. A certificate of every marriage folemnized Ccrtificate$ as aforefaid, figned by the judge or minifler or marriage celebrating the fame, or in cafe of quakers, by b f ycn the clerk of the meeting, fhall be by fuch judge, g minifler or clerk refpe&ively tranfmitted to the regifter of the county wherein the marriage has been folemnized, -within three months thereafter, to be entered on record by fudh re- ( 30 , aii exemplification of which fhall be cation to be evidence of fuch marriage. deemed evidence. If any judge, minifter or others by this law penalty on authorized to join perfons in marriage fhall marrying perform the celebration thereof .contrary to the trary to thiB true intent and meaning of the fame, the per* law ; fon or perfons fo offending, Ihall upon convic tion thereof forfeit the fum of one hundred dollars to and for the ufe of the territory. on negiea- And if any judge, minifter, or clerk as afore- inwtotranf-faid fliall neglect to tranfmit a certificate of age certS- ^ uc ^ marriage to the regifter as aforefaid, he te. fhall upon conviction thereof forfeit twenty dollars to and for the ufe of the territory. AR. ST. CLAIR. SAML. H. PARSONS. JAMES M. VARNUM. CHAPTER VIII. A L A W in addition to a Law, entitled, a Law for re gulating and eftablijhing the Militia, in the Territory of the United States north-weft of the River Ohio, publijhed by his Excellency Arthur St. Olair, Governour, Samuel Holden Parfons, and James Mitchell Varnum, Ef- quires, Judges of the Territory of the United States north* weft of the river Ohio, in the city of Marietta, Nov. the 23^, A.D. 1788. r | HE officers of the militia are required, A and it fhall be their duty to caufe all per fons who by law are obliged to do military duty to be enrolled in the companies of militia* P er fon wno by the aforefaid law, is to obliged to do military duty, and fhall neglecl: arnw, d & c . to ^ urn ^ himfelf with arms, accoutrements and ammunition, agreeably to the require ments of faid law, by the times herein after mentioned fhall pay a fine, for. each month, he ( 3" ) fliall neglect to provide the articles by faid for- to be fined; mer law required, in the fums herein after fpe- cified, that is to fay, for a mufket and bayonet, or rifle, not provided within thirty days after the publication of this law, or next after fuch perfon fhall be enrolled, five dimes ; for every pound of powder, and four pounds of lead, or forty rounds of cartridges not provided within fifteen days next after the publication of this law, or after fuch perfon fhall be enrolled, two dimes and five cents ; for every cartridge box and pouch, or powder horn and bullet pouch not provided within fifteen days, next after the times before herein fpecified, two dimes ; for every fix flints not provided within ten days, next after the times before mentioned, one dime and five cents ; for every priming wire and brufh not provided within thirty days as aforefaid, one dime. And the military officers are hereby requir- officers to ed and directed to infpect the arms, accoutre- infpe<a . tht i r i 11 armsj &c. ments, and ammunition or the men belonging to their refpective companies, on the firft Sab-, bath day in each month. And the officers of and coilc<a< the companies of militia are authorized and the fine8 * directed to collect the fines, by this law in flicted, in the fame manner as other fines are by faid former law to be collected. AR. ST. GLAIR. SAML. H. PARSONS. JAMES M. VARNUM* CHAPTER IX. A LAW appointing Coroners, publijhed the 2 ift of De cember, 1700, by his Excellency Arthur St. Clair, Go- vernour, the Honourable Sumuel Holden Parfons, and James Mitchell Varnum, Efquires, Judges of the Ter~ ritory of the United States nortn-wejl of the river Ohio. Coroner to A Coroner fhall be appointed in each coun- be appoint- j"j^ty within this territory, who fliall be fworn to a faithful difcharge of his office, and fhall give bonds in the fum of two thoufand dollars, to give w ith two fureties for the due performance of the fame before he enters upon the duties thereof. And it (hall be the duty of the Coroner, by a jury of the county, to enquire concerning the death of a perfon flain, who dies fuddenly or in prifon, and his inquifition fo taken he fliall certify to the next general court holden within the county, or to the court of general quarter feffions of the peace holden for the county. And it fhall be the duty of the coroner to execute procefs of every kind wherein the fhe- riff is a party or interefted in the fuit, or for other juft caufe is by law rendered incapable to execute the fame. And in cafe the fheriff for any caufe fhall be committed to gaol, the coroner fhall by himfelf or fuch perfon as he fhall appoint, be keeper of the gaol during the time the fheriff fhall re main a prifoaer. AR. ST. CLAIR. SAML. H. PARSONS. JAMES M. VARNUM. ( 33 ) CHAPTER X. A L A W limiting the times of commencing Civil A&ions and injlituting Criminal Profecutions ; publijhed by his Excellency the Governour, and the Judges Samuel Holdea, Parfons, and James Mitchell Varnum, EJ quires, in the Territory of the United States north-weft of the Ohio 9 De- December the 2&th, 1788. ACTIONS of trefpafs, trefpas quare clau- Limitation fum fregit, cafe (other than for flander) debt upon fimple contract, or for rent, detinue trover, wafle and account, other than fuch ac counts as concern the trade of merchandize between merchant and merchant, their factors and fervants, (hall be commenced within fix years next after the caufe of adion mail have arifen, and not afterwards. Actions of trefpafs for aflault and battery, wounding and imprifonment, within four years next after the caufe of action ; action on the cafe for flander, within two years next after the caufe of action ; actions of debt upon fpecialty, and matters of record, and covenant, within ten years next after the caufe of action, and not afterwards. Provided however, that if any perfon entitled to any of the adtions aforefaid, fhall at the time of the caufe thereof accruing, be within the age of twenty-one years, feme covert, non compos mentis, or imprifoned, then and in fuch cafes, the a&ion may be commenc ed within the fpace of one year after fuch difa- bilities fhall refpe&ively be removed. All profecutions for crimes, other than for capital offences, forgery, perjury and larceny, lhall be inftituted within two years next after the crime fhall have been committed, and pro fecutions for the crimes of forgery, perjury, and larceny fhall be inftituted within four years ( 34 ) next after the crime fliall have been committed and not afterwards. AR. ST. CLAIR, SAML. H. PARSONS, JAMES M. VARNUM. CHAPTER XL COPIES of the Laws pafied in the Territory of the United States north-weft of the River Ohio, in the Year 1790; WINTHROP SARGENT, Secretary. An ACT ts prohibit the giving or felling intoxicating Li quors to Indians, refiding in, or coming into the Terri tory of the United States north weft of the river Ohio, and for preventing Foreigners from trading with Indians therein. Faffed at Vincennes the nineteenth day of July, lone thouf and f even hundred and ninety, by the Honourable Winthrop Sargent, Efquire,. Secretary of the f aid Terri tory (now vefted with all the powers of the Governor there of Jandthe. Honourable JohnCleves Symmesand George Turner, Efquires, Judges in and over the fame. HERE AS many abufes dangerous to the the lives, peace, and property of the good people of this territory, and derogatory to the dignity of the United States, have arifen by reafon of traders and other perfons furnifh- ing fpirituous and other intoxicating liquors to the Indians inhabiting, or coming into thefaid territory. For remedy whereof Forfeiture Sec. i. Be it enafled,Thzt if from and after the for vending firft day of January next, any trader or other P er fon whomfoevcr, refiding in, coming into t or palling through the faid territory of the Uni ted States north-weft of the river Ohio, or any part thereof, {hall prefume to furnifli, vend, fell, or give, or fhall dire& or procure to be fur- nifhed, vended, fold, or given upon any account w ( 35 ) whatever, to any Indian or Indians, or nation to Ind;an ,. or tribe of Indians, being within the territory aforefaid, any rum, brandy, whifky or other intoxicating liquor or drink, he or fhe fo offend ing, fhall forfeit and pay, for every quart of fuch liquor, or drink, fo furnifhed, the fum of five dollars, and for any quantity furnifhed at one time, lefs than a quart, the fum of four dollars. One moiety of each, and every of the feveral penalties, fhall go to the party inform- how dir f _ ing, on convidlion of the offender, and the ed of; other moiety thereof to the ufe of the faid territory. Sec. 2. And be it further enabled, That if procecdin ., any perion not a fubjed or citizen of the United *> ^ & States, or of this territory, or who owes or J^"^ profenes to owe allegiance to any foreign po- trad" tentate, power, Jftate, or colony, {hall after the d ng withln " faid firft-day of January next, be found within this territory, buying from,diftributing among or felling or giving to any of the Indians, or nations, or tribes of Indians inhabiting the fame, any manner of goods, war&, or mer chandize, or other articles of commerce, bar. ter or exchange, he or fhe fo tranfgreffing, lhall forfeit to the ufe of this territory, all his or her goods and chattels perfonal, and fuffer HI any of the counties of the faid territory im, pnfonment without bail or mainprize for a term not exceeding eighteen months, nor lefs than fix months. And if any perfon being a citizen of the United States, or refident with a?ainft t m this territory, fhall after the faid fiS day of January, go to, refide in, or trade with Indians at or near any of their towns, fettlements or habitations, lying within the faid territory xvithout a licenfe for that purpofe firft duly obtained, he or fhe fhall forfeit and pay to the ufe of this territory, the fum of fi ve hundred F liceucc - ( 3 > dollars. Provided always, That nothing here in contained mall be taken or conftrued to iff** pair or weaken the powers and authority that now are, or at any time hereafter, may be veft- ed in the governour and commander in chief> or other perfon, as fuperintendant of Indian affairs, or commiffioner plenipotentiary for treating with Indian nations. WINTHROP SARGENT, JOHN CLEVES SYMMES._ G. TURNER. CHAPTER XII. An ACT prohibiting the f ale of fpiritous and other intoxi* eating Liquors to Soldiers in thffervice of theUnited States, being within ten miles of any military Poft within the Territory of the Uni-ted States north-weft of the river Ohio ,- and to prevent the felling or pawning of arms, ammuni tion^ cloathing, and accoutrements. Faffed at Vincennes the twenty-jixth day of July, in the year of Chrift one thoufand Jeven hundred and ninety , by the Honourable "WintHrop Sargent, Efquirc, Secretary of the f aid Terri tory (now vefted with all the powers of the Governour and Commander in Chief thereof J and the Honourable John Cleves Symmes, and George Turner, Efquires, Judges in and over the fame. regulation SeC I- Ti E 7/ ***&**> That i ifor fi^ of Jj being within ten miles of any en- U " campment, poft, fort or garrifon, or hofpit^il for the convalefcents thereof now, or hereafter to be formed, eftablifhed or ere&ed within this territory, and occupied, garrifoned, or poflefled by regular troops in the fervice of the United States, or of this territory, (hall give, fell, ex change or furnifh, or caufe or procure to be given, fold, exchanged, or furniftied, to any non-commiffioned officer or private foldier (knowing him to be fuch) ferving in or belong- ( 37 ) ing to any encampment, port, fort, gafrifon, or to non- hofpital as aforefaid, any fpirituous or other in- c ^ ffioD " f , . /.IT i . ed officers. toxicatmg liquor or drink, be the quantity & c . more or lefs, without an order in writing pre- vioufly obtained from a co mmiflioned officer ferving with the fame troops, he or me fo of* fending, (hall on conviction, forfeit and pay to the ufe of the party firft informing (or to the ufe of the county wherein the offence is Committed, if the prpfecution be at the fuit, and on behalf of the United States) the fum of two dollars for every gill of fuch liquor, or drink fo furnifhed, without an order as afore* faid, to be recovered before any two juflices of the peace for the county wherein the offence mail be committed, in cafe the aggregate fum, fo to be forfeited do not exceed twenty dollars, or if otherwife by action of debt or information in any court of record. Provided a/ways. That nothing herein before contained mail be con- ftrued to reftrain the furgeon or furgeon^mate, having the care of the convalefcents 5 in any fuch hofpital or hofpitals, from procuring for the ufe thereof any liquor or drink, he may deem needful. Sec;- 2. And be it further enafteds That if enalt any perfon mail prefume to bargain for, pur- purchafing chafe, or receive in pledge, or as a gift, or c eir arm * caufe or procure to be bargained for, purchased, or received in pledge or as a gift, on any pre tence whatever, all or any part of the public arms, ammunition, clothing or accoutrements pertaining to any. non-commiflioned officer or private foldier in the fervice aforefaid (knowing him to be fuch) he or me fo offending, mail on conviction, forfeit and pay fcr the firft offence treble the value of the articles fo puichafed or received, the fame to be recovered with cofts^ by action of debt or information, in any court C 3 ) ^ record, one half to the informer, and the herein, how other half to the United States, or the whole to . the United States, where profecution mall be firft inflituted on the public behalf alone : and for every repetition of the like offence by the fame perfon, he or Ihe-fo offendkig again, mall forfeit and pay in like manner treble the value of the articles purchafed or received as afore- faid, together with cofts, and mall -moreover fuffer imprifonment for a term, not exceeding one month. This aft fhall commence, and be in force from the firft day of January next enfuing. CHAPTER XIII. An ACTforfuppreJing and prohibiting every fpedcs of Gam ing for Money or other Property , and for making void all contracts and payments made in confequenre thereof, and alfo for rejiraining the diforderly praclice of difcharging firs Arms at certain hours and places. Paj/ed at Vincennes the fourth day of Augujl, in the year of Chrift one thoufand feven hundred and ninety, by the Honourable Winthrop Sargent, Efquire, Secretary of the Territory of the United States north-zveft of the River Ohio, (now vejlcd with all the powers of the Governor and Commander in Chief there of Jand the Honour able John Cleves Symmes andGcorgG Turner, J "quirts. Judges in and over the fame. "TIT THE RE AS the population, happinefs VV and profperity of all countries, efpe. cially infant communities, neceflarily depend upon the fobriety and induflry of the people, and their attention to the moral an,d politi- - cal duties of life, without which neither the great ends of fociety can be anfwered, nor the blefTmgs of good government be felt. And whereas many pernicious games have beenpub- lickly praftifed in this territory, tending to the ( 39 ) corruption of morals and the increafe of vice and idlenefs, and by which the honed and un- fufpecling citizen may be defrauded, and deferring families be reduced to beggary and want. Sec. i. BE it therefore enafled, That if any Penalty on perfon or perfons within this territory, mail ori fetti s U P i . r , . J i gaming ta- his, her or their own acccount, or on the ac- bies, &c. count of ariy other perfon or perfons, publickly fet up, permit, or fuffer, or caufe or procure to be publickly fet up, permitted or fuffered,, any fpecies of gaming, play or paftime whatever, whereby money or other property mall be bet-, ted, won or loft, or by reafbn whereof the par- ty fo publickly permitting the fame, mall or may derive any benefit or advantage, in money, goods or other property, as a conlideration for permilfion to play or bett thereat, each and every fuch perfon fo offending mail forfeit and pay for every fuch offence of which he or me mall be convicted, the fum of two hundred dol lars, to be recovered with cofts, by information, .indictment, or action of debt, in any court of record where the fame mall be cognizable. Sec. 2. Arid be It further enacted, That if any Cavern-keeper or inn-keeper fliall expofe, per mit or iuffer to be played at, in his or her dwel- ling-houfe, or in any out-houfe, or within or under any booth, arbour, fhed or other place pertaining to fuch dwelling-houfe, or being in his or her tenure or poffeffion, any billiard, faro, E. O. hazard, or other gaming tables, or any other machine, inftrument, device, or in vention whatfoever, by reafon whereof money or other property mall be betted, won or loft, or whereby he or (he {hall derive any benefit or advantage, in money or other property, as a confideratiott for permitting others to play or ( 40 ) bett thereat. Then, and in every fuch cafe, the party fo offending fhall be deprived of his or her licenfe, and moreover forfeit and pay to the ufe of the territory, the fum of one hundred dollars, to be recovered with cofts, by informa tion, indictment, or action of debt in any court of record where the fame fhall be cognizable. Provided always , That where in any of the cafes a f refa *d, anv perfon fhall within three months from the caufe of action, firft inflitute an infor mation, quitam, or bring an original action of debt to recover either of the penalties herein before given, and fhall profecute the fame to effect, without delay or difcontinuance, fuch perfon fhall be intitled to receive and have a moiety of fuch penalty, the other moiety there* of fhall go to the ufe of this territory. Notes, & c . Sec. 3. And be it further ena^led^ That every Son! y won promife, agreement, note, bill, bond, or other at card$ contract to pay, deliver or fecure money, goods, * c * or eftate, won or obtained, either by playing at cards, dice- tables, tennis-bowls, or other games, chances, fports, or paflimes, or by laying or betting, on the hands, or fides of any perfon of party, who fhall play at fuch or any other games, chances, fports, or paflimes, or which fhall be won or obtained, by laying or betting on any horfe-race, cock-fight, or other fport, pa/lime, game, or exercife of fkill or ihance, or which is intended to repay or fecure money or other thing lent or advanced for any of the purpofes aforefaid, or lent or advanced at the time of fuch gaming, fporting, or betting, to a perfon then actually betting, laying, or adventuring money or other thing, fhall and the fame is and are hereby declared to be null and void. And and any conveyance or leafe of lands, tenements, a?" or hereditaments, fold, demifed, or mortgaged, and any fale, mortgage or other transfer of per* fonal eftate, to any perfon for his ufe, to fatisfy f or money or fecure money or other thing by him won of, won or lent, or advanced to the fellor, leflbr, or mortgagor, or whereof money or other thing, fo won or lent, or advanced, ma-l be part, or all of the confideration money, (hall enure to the heir or heirs of fuch mortgagor, leflbr, bargain- or or vendor, and mall veil the whole eftate and leflbr, &c. intereft in fuch perfon, in the lands, tenements or hereditaments fo leafed,, mortgaged, bar gained or fold, and in the perfonal eftate fo fold, mortgaged or other wife transferred to all intents, and purpofes, in the heir or heirs of fuch leflbr, bargainor, mortgagor or vendor, as if fuch leflbr, bargainor, mortgagor or vendor had died inteflate. Provided always neverthelefs, That nothing fo TKJ S far in this aft contained, mall be deemed or not toim conftrued to reftrain or impair the natural and neceflary liberty which all goods citizens, or fubjects without diftinclion, may of right claim &c * and enjoy in the peaceable exercife of any ufe- ful or rational amufement, recreation, fport or paftime, whether the fame be ufed to promote health, pleafure, or a laudable emulation to ex cel in feats of (kill, flrength, adroitnefs, or otherwife howfoever. Provided, That neither money nor other property be betted, won or loft thereby, "nor any confideration of money or other property be taken or given for or by reafon of the fame. And whereas a diforderly practice prevails in many parts of this territory of difcharging fire arms in the ftreets and vicinity of cities, towns, villages and ftations, and alfo^f dif charging fire-arms by night in and near fuch cities, towns, villages and ftations, by means whereof the lives of citizens are endangered, ( 42 ) alarms are excited, and the repofe and peace of the community difturbed. For remedy of which abufes, to an Sec * 4- Be i* cna^ed, That if any perfon fhall prefume to difcharge or fire, or caufe ^j" cer - to be difchareed or fired, any gun or other taindiilance ~ i i . A of a houfc, nre artns at any mark or object:, or upon any pretence whatever, unlefs he or (he (hall at the lame time be with fuch gun or fire-arms at the diftance of at leafi one quarter of a mile from the neareft building of any fuch city, town, village or ftation, fuch perfon fhall for every fuch offence, forfeit and pay to the ufe of the wider what county in which the fame fhall be committed, a fum not exceeding five dollars, nor lefs than con* to be one dollar. And if any perfon being within a quarter of a mile of any city, town, village or flation as aforefaid, fhall at the fame time wil ful] y di fcharge or fire any gun or fire-arms, or cauie or procure the fame to be difcharged or fired, at any time after the fetting of the fun "f- and before the rifing of the fame, he or me fo ter fun fet, offending, fhall in like manner forfeit and pay to l ^ e u ^ e aforefaid, a fum not exceeding five dollars, nor lefs than one dollar ; referving ne- verthelefs to any perfon who will inform, and fue for either of the penalties hereinbefore laft mentioned within one month from the com- million of the offence, a moiety of the penalty which the party offending fhall or. convi&ion be adjudged to forfeit and pay, the other moie ty thereof to go to the ufe of the county as aforefaid ; which faid feve^al penalties, or either of them, fhall be recoverable with cofts, before any juflice, judge, or court having cog nizance of the fame. Provided always, That nothing herein con tained fhall be deemed or confliued to extend ( 43 ) to any pcrfon lawfully ufmg fire-arms as of- ^ ght to fenfive or defenfive weapons, in annoying, or uicarms oppofmg a common enemy, or defending his law yj or her perfon or property, or the perfon or property of any other, againft the invafion or depredations of an enemy, or in the fupport of the laws and government j or againll the attacks of rebels, highwaymen, robbers, thieves, or others unlawfully aflailing him or her, or in any other manner where fuch oppofition, defence, br refiflance is allowed by the law of the land. Provided alfo, That nothing herein con- n military tained mall be conflrued or extend to prevent c the neceflary military exercife, evolutions and firings of, or the difcharging of cannon or fmall arms, by any foldiers or troops in the fervice of the United States, or of this terri tory, being in the field, or polled in or near any city, town, village, flation, garrifon, fort, encampment or other place, a,nd acting under the immediate orders^ or by the fpecial direc tion of the officer commanding the fame. Nor or in killing mail any thing herein contained be intended j/ or conftrued to extend to the act of killing or e d. deflroying birds of prey, or other wild birds, and mad or wild animals of the brute kind lurking among, in or near, or preying upon or threatening to prey upon and devour any kind of animal flock, or the corn, grain, and other produce in, of or belonging to any plan tation, field, garden, or other place within, adjoining, or in the vicinity of any city, town, village or flation : nor to the hindrance of any perfon mooting at or killing any of the larger kind of game or wild animals, fuch as buffaloes, bears, deer, hares, rabbits, turkies, fwans, geefe that may happen at any time to come in view, or be pafling or feeding near any ( 44 ) in whatdi- c *ty> town, or other place as aforefaid : but raion every perfon (hooting at any of fuch game is same may nere by required to difchargethe ball, or balls, {hot, or mimle weapon fo employed in a direc tion from fuch city, town, village, or ftation towards the country fo as fuch ball or l^alls, mimle weapon, or fhot, (hall pafs by cor from, and go clear of the buildings pertaining to the fame. of Sec. 5. And be it further ena&ed, t That as well the prefiding judge in the general court, as the prefiding judge or juftice in each and every inferior court of law, in this territory (hall feverally and from time to time give this at in charge to the grand juries of fuch courts refpeftively whenever fuch grand juries fhall be fworn. This act to commence and be in force from after the firft day of January next. WINTHROP SARGENT* JOHN C. SYMMES. G. TURNER. CHAPTER XIV. Art ACT to alter the Terms of the General Court, pa/id at Cincinnati in the county of Hamilton and territory of the United States north -tuejl of the river Ohio, by his Ex cellency Arthur St. Clair, Efquirt, Governor and Com mander in Chief in and over the Territory, and the Ho nourable John Cleves Symmes and George Turner, Ef quires, Judges in and over the fame, on the fourth day of November in the year of our Lord one thoitfand feven hundred and ninety. When and Sec. I. TTJ E it enabled and it is hereby enabled, where the j[) That from and after the firft foy Q terms of ge- T nerai court January next, the ieveral terras of the general ftalibe court for the territory north-weft of the river Ohio fhall be held in the following manner, viz.. ( 45 ) In the county of Knox on the firft Tuefday in May yearly and every year. In the county of St. Glair on the fecond Tuefday in June yearly and every year. In the county of Hamilton the firft JTuefday in October yearly and every year. And in the county of Wafhington on the fecond Tuefday in November yearly and every year. Sec. 2. And be it further enabled. That fo Certain much of the ftatute laws of the territory as are ^&\w repugnant to the fpirit of this act be and are repealed, hereby repealed. AR. ST. GLAIR. JOHN CLEVES SYMMES. G. TURNER. CHAPTER XV. An ACT to augment the Terms of the County Courts of Common Pleas from two to four term,. 1 ; in the year, and to increafe the number of Judges of the faid Court, and alfo of the jfujlices of the Quorum in thefeveral counties : Paff- ed at Cincinnati in the county of Hamilton, thefixth day of November in the year of our Lord one thoufand feven hun dred and ninety, by his Excellency Arthur St. Clair, Efquire, Major -General in the late armies of the United States, and Governor and Commander ix Chief of the Territory of the United States north-wtji of the river Ohio, and the Honourable John Cleves Symmes and George Turner, Lfquires, Judges in and over the faid territory. WHEREAS the fittings of the county court of common pleas m the feveral counties of this territory, have hitherto been limited to two terms only in a year, and which on experience hath been found to create <nreat delays in the adminiftration of jnftice, aivd the profecution of fuits to effecl;. Sec. i. Be it therefore enaEled^ That from and Four term* after the publication of this aft, four terms of the ^ county court of common pleas (hall be held by held ; the judges of the faid court in each and every commenc and county rcfpe&ively (that is to fay) thofe for the to county of Wafhington fhall be held on the ; third Tuefdays in March and June, and the fir ft Tuefdays in September and December yearly and every year. Thofe for the county of Hamilton, on the firft Tuefday: in February, May, Augufl: and November, yearly and every year. Thofe for the county of St. Clair to be held as followeth (to wit) in the diftrict of Kaf- kafkias on the firfc Tuefdays of January, March, June and Auguft ; thofe for the diftrift of Ca- hokia on the nrft Tuefdays of February, April, July and October ; and thofe for the diftricl: of Prairie du Rocher, on the firft Tuefdays of May, Augufl, November and February, yearly and every year. And thofe for the county of Knox en the fir ft Tuefdays in February, May, Augufl: and November, yearly and every year. And whenever the governor of this territory ma ll hereafter think proper to eredt, or fett off ^Y new county or counties in the fame, he is new coun- hereby authorized and empowered to afcertain, fpecify and publifh by proclamation, on what certain days in the year, and the place or pla ces, in fuch new county or counties where the faid county courts of common pleas, and alfo the courts of general quarter feflions of the peace, mail feverally and refpeclively be opened and held in each and every year. And whereas it appears that the number, as limited by law, of judges of the feveral county courts of common pleas is too fmall for the due adminiftration of juftice. Sec. 2. Be it therefore enacled, That the go- vernour and commander in chief of the territo ry for the time being is hereby authorized and empowered to nominate and commimon in the feveral counties already erected, or \vhich may ( 47 ) hereafter be ere&ed in the territory, any num- ber of perfons as judges of the county court of a t y * P more common pleas, not lefs than three nor more than than feven in each and every county. And the governour is hereby further authorized and ty. empowered to increale thejufticesof the quorum in the feveral counties of the territory to any number not exceeding nine in each and every county thereof. Sec. 3. And be it further enatfect, That fo much and fuch parts of the ftatute laws as have been heretofore publifhed in the territory, and repealed. are repugnant to the principles and fpirit of this at mall be and the fame are hereby re pealed, AR. ST. GLAIR, JOHN CLEVES SYMMES. G. TURNER. C K A P T E ft. XVI. dn ACT to authorize and require the Courts of General Quar ter Sejions of the Peace, to divide the Counties into Tozan- Jhips and to alter the boundaries of the fame when ntctffary^ and. alfo to appoint Con/tables, Overfeers of the Poor, and Clerks of the Town/hips, and for other purpofes therein mentioned. Faffed at Cincinnati in the county of Hamil ton, thefixthday of November, in the year of our Lord one thouj and feven hundred and ninety, by his Excellency Arthur^ St. Clair, Efquire, Major General in the late armies of the United States, and Governor and Commander in Chief of *hc Territory of the United States norlh-wtjt of the river Ohio, and the honourable John Cleves Symmes and George Turner, Efquircs, Judges in and over the Territory of or ef aid. Sec. i. T> E // enafled, That as foon as may . JU> be after the publication of this s en - aft, the juftices of the court of general quarter rife tte feffions of the peace in the feveral counties within this territory, mail in their feflions refpec- lively, proceed to divide the faid counties into to ( 48 ) townfhips, afligning to fuch townfhips refpec- tively fuch limits and bounds, natural or ima ginary as {hall appear to be mod proper, hav ing due regard to the extent of country, and number of inhabitants refiding within the fame; and the faid townfhips or any of them to fubdivide from time to time whenever the intereft and convenience of the inhabitants thereof may feem to require it. And the juf- tices in feilion as aforefaid mail caufe their clerk of the court to enter of record on the docket of the fame court the particular time when each town/hip is fet off and the fpecinc boundaries amgned thereto. ^ ec * 2 * ^- n ^ ^ e ** wafted*, That the faid juf- tices in feflion in each and every county mail conftableg ; re fp e &rvely nominate and appoint annually in every townfhip within their county, one or more constables, each of whom ihall continue toferve as a conftable of the townfhip fpccially, and as a conftable of the county generally for the term of their duty. one ^ ear next en f u j n g his appointment; and his power and duty (hall be to ferve all fuch fummonfes, warrants, fubpoenas, mittimuffes, and other lawful precepts, as fhall be directed to him fpecially, or to him generally with the others, or any conftable of the county, and be put into his hand for the purpofe of fervice. And generally to do and perform all duties and fervices incumbent on him as an officer of the townmip or county, or of the feveral courts of law, and juftice which may from time to time be appointed and held in the county for which he may be a conflable ; and furthermore to do all and angular the duties now or hereafter to be enjoined by law. And every pcrfon accepting the office of con ftable mall before he enters on the duties thereof ( 49 ) take the following oath before the court of ge. neral quarter feflions, or (in the vacation there of) before a juftice of the peace, who fhall en ter the fame on his docket, that is to fay, " I, A B, do folemnly and fmcerely fwear that I Oath * will faithfully and truly do my duty as a con- ftable of the county of C. and impartially demean myfelf in office, according to my beft underftanding. So help me God." And where any perfon accepting fuch office of con- llable (hall declare himfelf confcientioufly fcru- pulous againft taking an oath, then the follow ing affirmation fhall in like manner be admini- ftered inflead thereof, that is to fay, " I, A B, do folemnly, fmcerely and truly declare and af firm that I will faithfully and truly do my du ty as a conftable of the county of C. and im partially demean myfelf in office, according to my beft underftanding," which affirmation fhall be entered on the docket of the juftice adminiftering the fame. Sec. 3. And be it further enatted. That the juftices to faid iuftices iri feffion in their refpedive coun- a PPj nt J n ,, . overfeers of ties, fhall annually appoint one or more over- the poor; feerc of the poor in each and every townfhip of the county, to ferve for the term of one whole year, and it fhall be the duty of every fuch over- their uty * feer to make report to any juftice of the peace in and for the county, of all vagrant perfons likely to become chargeable to the townfhip for which he is appointed overfeer, and alfo to take notice of all the poor and diftreffed fami lies and perfons refiding in his proper townfhip, and enquire into the means by which they are fupported and maintained. And whenever he fhall difcover any perfon or family really fuffer- ing through poverty, ficknefs, accident, or any misfortune or inability, which may render him, her, or them a wretched and proper obj eel; of pub- ( 5 ) lie chanty, it fhall be his duty,. and he is hereby overfcers of ftriftly enjoined to give immediate information the poor : tnereo f to a j u ftice of the peace, acting in ax.d for the fame county, that legal means may be then taken by fuch juftice to afford the perfon or perfons fo fuffering proper and feafonable relief. And every overfeer of the poor ap- oath. pointed as aforefaid fhall take the fame oath or affirmation according to his confeience, to be adminiflered and entered by the fame au thority, and in the fame manner as is prefcrib- ed in this ac~t for a conflable, changing only the words " a conflable," to the words " an overfeer of the poor," and the word " coun ty," to that of " townfhip." Juftlces to Sec. 4. And be it further enafied. That the 2^^^. ju ft ices in feflion as aforefaid fhall appoint in theirdutj. each townfhip throughout the feveral counties refpedively, a clerk of the townfhip during good behaviour, whofe duty it fhall be to keep a fair book of entries, containing the particular marks and brands aflumed for diflinguiihing the horfes, cattle, hogs, or other beafls of fuch inhabitants of the townfhip as may choofe to, be at the expenfe of thus regiflering the fame, and the name and particular place of abode of every fuch inhabitant fhall at the fame time be entered therein. And for every mark or brand fo regiflered, the clerk of the townfhip fhall be entitled to demand and receive of the per. fon employing him the fum of one quarter of a dollar,and no more. And that it may be readily known to what particular townfhip eflrays be long, the juftices infeflionas aforefaid ihall aflign to each and every townfhip a diftindl letter of the alphabet to be taken and ufed, as the peculiar and general brand of the fame townfhip by all the inhabitants thereof, who fhall caufe the form of fuch letter to be imprefled upon one ( 5 ; or both of the horns of every bull, cow, and Duty of ox, and upon one or both of the fhoulders of towndel>k * every horfe, mare and colt, to fuch inhabitants refpectively belonging- And mofever the clerk of the townfhip (hall keep another book in which he fhall enter from time to time every eftray that may be reported to him for that purpofe, defcribing the natural and artificial marks, as well as the colour, fex, age, and fta- ture of every fuch eftray, as far as the fame (hall come to his knowledge, together with the name of the perfon taking up fuch eftray, and where it may be found. And for every eftray fo entered by the clerk he fhall be entitled to demand and receive of the perfon at whofe in- flance fuch entry was made, the fum of half a dollar and no more, and thereupon it fhall be the further duty of fuch clerk, to make out in writing as foon as w may be afterwards two or more fair and legible copies of an advertife- ment defcribing fuch eftray as entered in his faid book, and informing when and where the fame was taken up, and where it may be found, one of which copies fhall be put up in, fonte confpicuous part of his dwelling houfe, and the other copy thereof he fhall caufe to be put up in fome confpicuous part of the town, or place where the courts of juftice are ufually held in and for the fame county. Sec. 5. And be it further enatted, That if Duty of any perfon or perfons fhall take up any eftray peribns in within the meaning of this aft, and fhall not within feven days thereafter give or fend no- tice thereof to the then neareft clerk of the townfhip, particularly defcribing fuch eftray, with the time and place when and where the fame was fo taken up and where it is to be found, he, (he or they fo offending fhall for- H ( 5* ) penalty for feit and pay to the party informing the fum thfreof f e *&kt dollars, to be recovered with cods before any judge of the county court of com mon pleas, and moreover fhall be liable to the action of the proper owner of fuch eftray, and upon conviction mall pay double damages, any thing in this or any other act of the territory contained to the contrary notwithflanding. AR. ST. CLAIR. JOHN CLEVES SYMMES. G. TURNER. COPY of the Laws paffed in the Territory of the United States north-weft of the River Ohio, from January the ift, 1791, to the 3ijfl: of De cember, inclusive. CHAPTER XVII. An ACT fupplementary to a law, entitled, " A law refpeft- ing crimes and punijhments , publi/hed at Marietta the Jixth day of September in the year of our lord one thoufand Jeven hundred and eighty -eight ." Paffed at Cincinnati in the. county of Hamilton, the twenty-fecond day of June, in the year of our lord one ihoufandf even hundred and nine ty-one, by his Excellency Arthur St. C\a.\r,Ef quire, major- general in the fervice of the United States, and Governour and Commander in Chief of their Territory north-weft of the river Ohio, and the Honourable John Cleves Symmes and George Turner, Ef quires, Judges in -and over the fame. Perfon* T) E it enacted. That if any perfon or per- Ijrtbt k in"- JC^ fons ft* 11 knowingly and defignedly,by any ing goods, falfe pretence or pretences, obtain from any * c other perfon or perfons any monies, goods or merchandize, or other effects whatfoever, with intent to cheat or defraud fuch perfon or per- v 53 ) ions of the fame, he, fhe or they, fo offending how pun . mall, on conviction thereof by verdict or con- l feffion on indictment fuffer fuch punifliment as in cafes of larceny is provided to be inflicted by the aforefaid law pafled at Marietta ; any thing in this or any other law to the contrary notwithstanding. This act to commence and be in force on, from and after the-firfl day of January next enfuing its date, AR. ST. CLAI*. JOHN CJLEVES SYMME.S. G. TURNER. CHAPTER XVIII. An ACT/or tJu punijkmtvt (f perfons tcariji* of defacing pulUcdtt^njfet up by authority. Faffed at Cincinnati in the county of Hamilton, the twenty -jtcoiul da) cf June, in the f^.r .f mr Lord one. tJioufand feven hundred and nuietj-one, by his JLxcdlcncy Arthur St. Clair, Efquire, major -general in the fo cue of the United States, and Go-* venour and Commander in Chief of their Territory nortJi~ weft of the river Ohio, and the Honourable John Clevcs Symmes, and George Turner, J^Ki/tr, Jiulges in and over the fame. Sec. I. "tj E / / wafted^ That if from and af- p er f ong Jj ter the publication of this aft in the feveral counties refpedively within this territory, any perfon or perfons fhall wilfully public and malicioufly deface, obliterate, tear down, P ofted or deftroy, in part or in whole, any copy or tranfcript of, or extract from, any act or law pafled by the legiflature of this territory, or by the legiflative authority of the United States, or proclamation of the Prefident of the United States, or of the governour and commander in chief of this territory, the fame being officially fixed up in fome conipicuous place by public authority for general information ; every per fon fo offending lhall on conviction before a ( 54 ) pun- magiftrate forfeit and pay to the ufe of the jfhed. territory, for every fuch offence, a fum not ex ceeding three dollars, befides cofts, or be fet in th ftocks at the difcretion of fuch magif- trate, for a fpace not exceeding three hours : or in cafe the offender fhall be unable or re- fufe to pay fuch fine (he being fined) then he Jhall be fet in the ftocks for a fpace not ex ceeding three hours, and be afterwards dif- .charged on paying cofts only. terfons ^ ec * 2 * ^ nc ^ ^ e lt farther enafted 9 That if, tearing as aforefaid, any perfon mall wilfully and ma- down upb- licioufly deface, obliterate, tear down, or de- bann ns of ^^^ i n part or in whole, any publication of matrimony, the banns of matrimony or advertisement re- fpeding eftrays, or any other notification fet up in purfuance of any acl: or law now or which hereafter may be in force within this territory, fuch offender (hall for every fuch pun- O g- ence O f w hich he maybe convicted, as afore faid, be fet in the ftocks for three hours and pay cofts, or ftand committed to prifon till the fame are paid : any thing in this or any other aft or law to the contrary notwithftanding. ARTHUR ST. CLAIR, JOHN CLEVES SYMMES, G. TURNER. ( 55 ) CHAPTER XIX. An ACT creating the office of Clerk of the Legijlaturt, pa/e$ at Cincinnati in the county of Hamilton, the twenty -fecond day of June in the year of our Lord one t houf and f even hundred and ninety one, by his Excellency Arthur St. Clair, Ef quire, Major-General in the fer vice of the United States, and Governour and Commander in Chief of theit territory north-wejl of the River Ohio, and the Honourable John Cleves Symmes, and George Turner, EfquirtS} Judges in and over the fame. I. 12 E it enatted. That an officer (hall be clerk ofthj appointed andcoramiffioned, to hold le e iflatur l during pleafure, the office of clerk of the legifla- Dinted ^ ture of the territory of the United States north-weft of the river Ohio. II. Before the faid clerk enters upon the du ties of his office, he (hall take and fubfcribe the following oath (or affirmation) to be adminifter- ed by a member of the legiflature (that is to fay) " I, A B, do folemnly fwear (or affirm) that I Wl oath * will execute to the beft of my abilities, the du ties which now or hereafter mall pertain to the office of clerk of the legiflature : So help me God." III. It (hall be his fpecial duty from time to duty time, to engrofs or caufe to be engrofied, fair ly and accurately in words at length, all acts or laws which the faid legiflature may pafs, in order that the fame may receive the territorial feal, and the fignature of the legiflators pafling the fame. IV. The faid clerk (hall procure authentica- to ted copies of the laws and caufe the fame to.be the lawa publiflied in each and every county and diftricl: of this territory (at lead once in each county and diftrict) for the information of the citizens throughout the fame. Doty of the V. He fhall as foon as may be after each a& clerk of the j g p a {f ec i procure and furnifh a fair, accurate. legiflaturc. j i_ r i r i_ and authentic copy thereof, to the governour and commander in chief of the territory for the time being, and to each and every of the judges in and over the fame, alfo a like copy to the county court of common pleas in each and eve ry county and diftricl: ; another copy to each and every of the judges of probate j and a co py to the court of general quarter feffions of the peace held in and for each and every county and diftricl: of this territory. VI. He fhall difcharge fuch other duties as the legiflature may from time to time think ex pedient and proper. VII. He fhall furnifh to every perfon requir ing it, certified copies of any tranfcripts of laws in his pofieflion j and be entitled to demand and receive for every meet of one hundred words, eight cents, to his proper ufe and bene fit. VIII. And as a farther compenfation for his official fervices, and all expenfes incident to the office, the faid clerk fhall receive quarterly, out of the revenues of this territory (whenever provifion can be made for the fame) the fum of eight cents for every meet of one hundred words which he fhall engrofs, or tranfcribe, for any of the public departments, or officers as aforefaid. AR. ST. CLAJR. JOHN CLEVES SYMMES. GEORGE TURNER. ( 57 ) CHAPTER XX. An ACT for rendering authentic as evidence in the Courts of this Territory, the public ads, records and judicial pro ceedings of Courts in the United States. PaJ/ed at Cin cinnati, in the county of Hamilton, the twenty -fecond day of June, in the year of our Lord one thouj "and J "even hun dred and ninety-one, by his Excellency Arthur St. Clair, Ef quire, major-general in the fcrvice of the United States, and Governour and Commander in Cfiief of their Territory north-weft of the River Ohio, and the Honourable John Cleves Symmes, And George Turner, Ef^iut-es^ Judges in and over the fame. I. RE/ / enaled> That every a& of the legifla- State a<a* ~ ture of any one of the United States, JjTJJJ fcal having the feal of fuch (late affixed thereto, fhall deemed au. be deemed authentic, and receive full faith and thentic credit when offered in evidence in any court of juftice within this territory. II. And the records and judicial proceedings Record* of of the feveral courts ef, or within the United ftatecourtfl States, fhall be proved or admitted in the courts be^dmuJd of juftice in this territory, by the atteflation or P roof certificate of the clerk or prothonotary, and the feal of the court annexed ; together with the certificate of the chief juftice, or one or more of the judges, or of the prefixing magiftrate of every fuch court, as the cafe may be, that the perfon who figned fuch atteftation or certificate was af the time of fubfcribing it, the clerk or prothonotary of fuch court. And the faid re cords and judicial proceedings, authenticated as aforefaid, fhall have fuch faith and credit given to them in every court within this ter ritory, as by law or ufage they have in the courts of the United States, or of any one of the flates whence the faid records are or fhall be taken : Any thing in this or any other a& contained to the contrary notwithftanding. AR. ST. CLAIR. JOHN CLEVES SYMMES. G. TURNER. ( 58 ) CHAPTER XXL Ato A C T abolifhing the DiftinRion between the Crimts of Murder and pftit Treafon. Pa/ed at Cincinnati in the County of Hamilton the twenty feiond day of June in the year of our Lord one thoufandfeven hundred and ninety one, by his Excellency Arthur St. Clair, Efquire, major ge neral in the fervice of the United States* and Governour and Commander in Chief of their Territory north-wejl of the river Ohio, and the honourable John Cleves Symmes and George Turner, Efquircs, jfudgts in and over the fame. "HE RE AS it does not appear reafona- ble any longer to continue the dif- tin&ion between the crimes of murder and pe- Petit trea- tit treafon, Be it therefore enafled, That from fon to be an( j a ft er . the publication of this act, in thefc- crime* of veial counties refpe&ively within this territo- murdeis. T y f * m a ll ca f es wherein heretofore any perfon could have been deemed or taken to have committed the crime of petit treafon, fuch perfon mall be deemed and taken to have committed the crime of murder only and be indicted and profecuted to final judgment ac cordingly ; and the fame punifhment only (hall be inflicted as in the cafe of murder, any thing in this or any other aft or law of the land to the contrary aotwithftanding. AR. ST. CLAIR. JOHN CLEVES SYMMFS. G. TURNER. atioa C 59 ) C H AFTER X2II. An ACT regulating tht Enclofures of Grounds. at Cincinnati in the county of Hamilton, the twenty ninth- day of jfune in the year of our Lord one thousand Jjvsrf hundred and ninety one, by his Excellency Arthur Sr. Clair, Efquire, Major General in thcfcrvicc of the United States, and GovernoAr and Commander in Chi?f of their Territory north weft of the river Ohio, and the Honourable John Cleves Symmes and George Turner, E/quires, Judges i/i and over the fame^ L "D K // c/ijfleJ, That every wall and wooden fence of enclofure and par. ofiis tition made or hereafter to be made or con- fcoce8,ac. ftruded of (lone, brick, boards, rails, palifades, or other materials mail be at leail tour feet and an half in height above the common fur- face of the earth, and where the faid fences are or (hall be made with palifades or with pofls and rails, the pofts of, either fence fhall be firmly- fixed in the ground and the pali^tdes be placed not more than three inches apart and where they are or mall be made with timber or rails laid horizontally the pieces of timber and rails compofing the fir ft two feet- frofti *the earth fhall not be placed more than four inches apart, and the fecond two feet from the earth not more than fix inches from each other , nor at greater diftance from the eanh tothe* low- ermoft or bottom rail than three inches, and r thofe ufed with pods fhall be in like manner and at every corner, joint, or angle of any worm fence fuch angle fnall be iecured by flakes flrongly planted in the earth and fur- mounted by a piece of timber or a flrong rail or rider. II. And whenever the lands or grounds" of p irt; ,^ tf two or more perfons fhall join or He contiguous fences. and both be under improvement and -either of the parties fhall think it neceffary to run a par tition wall or fence, or a dike and ditch between 1 ( 60 ) proceedings the fame, fuch party mall caufe ten days notice in ronJfog in writin g of fuch intention to be ferved on the partition other party if to be found within the county fences, & c j v/here the grounds lie, or to the legally empow ered attorney or agent of the party within fuch county, who mall thereupon be obliged to make, erect,or put up at the fame time a moiety of the whole of fuch partition, wall, fence, or dike and ditch, and each party while- either may think it needful to continue fuch wall, fence, or dike and ditch, mall always keep his proper half part thereof in good and fufScient repair at his, her or their own cofl and charges. III. And if the party fo duly ferved with notice, or being not to be found within the county, or not having an authorized agent or attorney therein fhall refufe or neglect to make or put up his, her, or their moiety of fuch par tition wall, fence, or dike ai A d ditch at any time after the other party fhall have completed his own moiety thereof, it fhall and may be lawful for the party lafl mentioned to erect or make the other half of fuch wall, fence, or dike and ditch, and demand of and receive from the other party the juft value and cofl of fuch other half fo lafl erected or made. IV. And for that purpofe two or three law ful men mail be mutually chofen by both the parties, and the perfons fo chofen and agreeing to ferve, mall view that part of the partition, wall, fence, or dike and ditch fo lad erected or made, and determine the jufl value thereof ac cording to their befl judgment, certifying the fame as foon as may be in writing under their hands or the hands of a majority of them, which writing fhall be delivered to the party fo erect ing fuch wall, fence, or dike and ditch, and entitle him/her, or them to recover of the other party the full fum of fuch valuation by action of proceeding* -debt or before any magiftrate where the fame ^^ adon {hall be cognizable. But if either party (hall j!S, refufe or neglect to choofe two or three men fence . &c - for the purpofe aforefaid, then fuch men may be appointed by any juftice of the peace re quired thereto by either of the parties intereft- ed, and the determination of a majority of fuch men (hall be binding, and the juftices of the peace are hereby feverally authorized and re quired upon every fuch application being made to them refpectively to make fuch appoint ment. V. Provided always that nothing herein contained fliall be conftrued to compel any per- fon or perfons who may be affected by this aft, to erect his,her, or their part of any partition, wall, or fence of any other materials than wood, and in fuch manner and form as fuch perfbn or perfons may think expedient, nor ihall any party interefted in a partition wall, fence, or dike and ditch be entitled to demand and receive of the other party, any higher or greater coft or valuation for erecting, making or repairing fuch other party s moiety cf fuch enclofure than if the fame had been made of pofts and rails, except wnere a wall or dike and ditch did previoufly form the whole of fuch line of partition, or where an agreement is made between the parties to build a wall or make a dike and ditch ; any thing in this act contained to the contrary in any wife notwith- ftanding. VI. And provided alfo. That notmng nere- in contained {hall be deemed or taken to prevent any perfon or party from placing his, her, or their line of enclofure on the partition line fide within his. her, or their own ground, at his, her, or their own proper expenfe, to be made and kept in repair, in which cafe fuch tr K hd pjriou or party fhall in confcquence be exempt t*nWfeT* from dtfrayii g any part oi f the cod of eret- A.C. ing or iupporting a line of cnclofure upon the real partition line lying next between the fame. VII. Provldec1 9 That where the owners or occupiers of adjoining ground having a par tition enc lofure thereon, mall ceafe to occupy his, her, or their lands or grounds, either by p Jlure, mowing, or tillage, arul chufe to leave it open and common to cattle, it (hall not be lawful for him, her, or them to remove any part of i ho faid partition enclofure, be the fame made of \vhatfocver materials without giving three months nptice to the owner or occupier cf the adjoining grounds or field, that he, me, or they may take meafures to guard againft inconveniences arifing from the removal of fuc i part of the partition line of enclofure ; and in confcquence of fuch notice all farther charges for maintaining or repairing the fame partition enclofure mail thenceforth ceafe as to him, her or them giving fuch notice, until the land fhall again be taken into ufe or put under culture. cattle break VW- ^ n ^ * e It further enafled, That if any ins mto : n horfcs, mares, or neat cattle, hogs, fheep, l. ailDSj or goats, or any one of them fhall break iiiro any ground being furrounded with a law- iul line of enclofure as aforefaid, the owner or owners of every iuch animal fo trefpafling, fnall be liable and make reparation to the party injured, for the true value of the damages, he, /he, or they may have fuflained in coniequence l hereof. IX. And be it further enabled. That the juflices of the court of general quarter feflions ol the peace in each and every county and <8ffric~t> (halt at their refpechve feffions, once in every year> appoint three difcreet and lawful r r j j r t(> bs a P- mfen appi aifers or damages and viewers or en- ^ ; n ted by loures in- and for every townfhip in each anu :ourt of every Bounty, whofe duty it (hail be to ferve as appraifers of damages and viewers of enclo- fures-for one year, commencing from the time of fuch appointment. X. And every perfon fo appointed an ap- praifer of damages or viewer of cnclofufes, mail thereupon rake the following oath (or aiSrma- tion if he be confcientiouily fcrupulous of takirTg an oath) to be adminiftered in open court or by any magi lf rate ading in the com- rniffion of the peace (that is to fay; " I, A. B. totakeoatn, do folemnly fwear that I will to the beft of my abilities fail hiully and impartially execute the office of an appraifer of damages and viewer of enclofures for the time arrigned me accord ing to the laws that are or hereafter may be in force for regulating the duties of appraifers of damages and viewers of enclofures within this territory, fo help me God." And in all cafes where any perfon {hall declare that he con- fcientioufly fcruples to take an oath, an affirmar- tion mall in like manner be adminiftered -inftead of the foregoing oath, but in the fame words, except where the word "fwear" occurs, the words fcC fmcerely and truly declare and affirm" (hall be ufed inltead thereof, and the words " I will " inftead of " fo help me God." XL And upon complaint being made by dutyof ap< any citizen or inhabitant to the laid appraifers praifcrs. of any trefpafs being committed by all or any of the animals herein before enumerated in any townfhip for which they may be appointed, the-faid appraifers fhall forthwith- repair .to the place where iuch trefpafs fhall be commit- C 6 4 ) Duty of ap- ted and eftimate the true damages fuftained praifers of thereby, the faid appraifers at the fame time mages, ^ifcharging the duty of viewers of enclofures by taking notice whether that part of the en- clofure around fuch field or ground, and through, under, or over which part fuch tref- pafling animal or animals did break, creep or leap, was immediately previous to the commif- fion of the trefpafs good and fufficient accord ing to the intent and meaning of this act. And if the fame fhall appear to have b ccn a good lawful and fufficient line or lines of enclofure, then and in that cafe reafonable damages fhall be allowed to the party complaining, to be re covered with cofts of fuit and cofts of view of the perfon or perfons owning or claiming the animal or animals committing fuch trefpafs. XII. And be it further enafted, That on every view to bs made in purfuance of this aft, the appraifers making fuch vhrrcror any two of them fhall at the time of fuch view make out and fubfcribe a fair and impartial eftimate or valuation founded on their bed knowledge and judgment, of the damages fuftained, toge ther with the cofts of view, and deliver the fame in writing under their hands, to the party in jured, which ihall be good and fufficient evi dence in any court of law or before any ma- giftrate, as the cafe may be, for the recovery of the damages and cofts of view together with cofts of fuit. their fcca ^CIII. And it fhall and may be lawful for each and every of the faid appraifers to demand and receive of the party complaining, for each and every view they fl*all make in purfuance of this aft, the fum of thirty three cents, and alfo fix cents for every mile beyond one they fhall ride or walk in going to the particular place of view. XIV. Saving always neverthelefs to the Rights of French inhabitants of Kafkafkias, La Prairie du alka ia8 Rocher, St. Philips, Cahokia and Vincennes, fe^ed!*" and to ail perfons claiming under them their feveral rights and cuftoms refpefting the fenc ing and enclofmg their lands in common as far as the fame are referved and confirmed by the conflitution of this territory or any at of the United States, any thing in, this aft to the contrary thereof notwithftanding. XV. Provided always, that nothing herein contained fhall be deemed, con/lrued or taken to hinder or prevent the faid French inhabitants or any of them, or any perfon claiming or hold ing under them or any of them, to enclofe un der a diftindt and feparate fence, the whole or any part of the land which he^ me QIC they may refpeftively own, poflefs or occupy, though the fame be part of thofe lands which have ufually been included under one common fence. XVI. And laftly, Be it enafied, That where proceeding, any animal mail trefpafs according to the true on n a P- conftrudion of this aft, and no owner mail v a 8 ce f appear within the fpace of twenty-four hours trefpaffing to claim the fame, fome perfon in pofleffion of Cattle h a f ^ the land or ground fo trefpaflfed upon, mall at the end of that time, drive or caufe to be driven every fuch trefpaffing animal to the clerk of the town/hip wherein the trefpafs was commit ted, and the faid clerk is hereby required to advertize the lame in fome public place within his townfhip for three fucceflive days, and if at the expiration thereof no owner mall appear as aforefaid and difcharge all damages and cofts, the faid clerk mall proceed to fell for ready money fuch animal, or if more animals than one, fo many of them as fhall raife a fura fufficient to difcharge the adjudged amount of damages, together with cofts of view and of fales, or as far as the fame will apply, which damages and cofls of view to be afcertained as in cafes of trefpafs is herein before directed. AR. ST. GLAIR. JOHN CLEVES SYMMES. O. TURNER. CHAPTER XXIII. An ACT to alter and amend the MiU*ii Laws, Paffed at Cincinnati, in t)ie county of Hamilton, ih fecond day ofjfu- (y, in tk* y<ir of our Lura one t ho u find /even hundrfd and ninety out^by hs ExtclLmcy Arthur it. Clair, Efquirc, -Centra! in th- fcrwe of the United Stales, and Go- vcrrour anJL Coimast?i** Chi f of their Territory north* zocjt of the Rir -r Un^ t a.id the H mou^able John Cleves Symmes and George Turner, I/quires, Judges inand over I he fame. 7 HERKAS the militia laws of this ter ritory are found to need fome amend- ttiiida,"**^. ment as we ^ with regard to the days of rauf- tering as with rcfpect to the levying of fines for repeated acts of difobedience : Sec. i. Be it therefore enafted^ That the cap tain of each company of militia in this territo ry, or in his abicnce the next fenior fubaltern officer prcfent, mail order the commiflioned officers, non-commiiTioned officers and privates under his command to aiTemble at fome conve nient place of parade within the townfhip or village in or near which fuch company may re- lide, on the laft day of every week in the yea% and the^e diligently exercife the company for the fpace of two hours, examining their arms, ammunition and accoutrements as by law di rected, and on any and every deficiency by him found he mall inflict the fine or fines appoint ed by law to be infli&ed for fuch default. Sec. 2. And be it enabled ^ That whenever per- on Ions enrolled in the militia of this territory blin ? for fhall affemble at any place for public worfhip, jhSp^lTbe every fuch perfon fhall arm and equip himfelf equipped, according to law in the fame manner as if he pr0 ceeding were marching to engage the enemy ,and on de- to be had fault he fhall be fined as the law directs in cafes crc n e f f * of default when ordered for guard or other or dinary military duty, one half of which fine fhall be for the benefit and ufe of the informant, and the other half for the ufe of the county ; and the juflices of the peace in each and every of the counties fhall have jurisdiction herein. And on complaint being made on oath to any one of the aforefaid juftices of the peace, of any perfon belonging to the militia appearing at fuch place of worfhip without his arms, am munition and accoutrements or any article of them directed by law, fuch juflice of the peace fhall iffue his warrant directed to one of the conflables of the county, commanding him to levy fuch fine upon the goods and chattels of fuch defaulter, and the fame goods and chattels theconflable fhall advertize in fome public place of the townfhip or village for the fpace of five days, and if fuch fine be not paid within the five days, fuch conftable fhall proceed to fell fo much of the fame effects at public vendue, for ready money, as will anfwer and pay the fine, and alfo fifty cents cofts, which cofls fhall be one third to the ufe of the juflice of the peace, and two thirds thereof to the ufe of the confla- ble, and the conftable fhali return the overplus (if any) to the defaulter. Sec. 3. And be it alfo enaft &d) That whenever a company* a company of militia fhall be afTembled, ac- affemWiug cording to this act, on the lafl day of the week ""^pY 7 for exercife as aforefaid, fuch duty being dif- therefrom charged on that day, fhall fuperfede the neceffi- ty of the fame company s meeting on the firft K. ( 68 ) day of the week, unlefs they do it voluntarily for worfhip, and they fhall arm and equip them- felves as aforefaid. So alfo whenever a com pany of militia fhall be affembled on the firfl day of the week for exercife as aforefaid, fuch duty being difcharged on that day, fhall fu- perfede the neceffity of the fame company s meeting on the lafl day of the week. Sec. 4. Be it further enaled. That the cap- Power of . r ^ . f r ... . r militia cap. tain of each and every company or militia, or tains or fu i n his abfence the oldeft fubaltern officer of the hereto.* company prefent fhall in cafe of any act of difobedience or neglect in any non commiflion- ed officer or private, and as often as fuch act of difobedience or neglect fhall occur or be re peated, i/fue his warrant of diftrefs for the fine afcerlained by law, to one of the fergeants of the company, commanding him to levy on the goods and chattels of fuch defaulter, and the lame goods and chattels advertize in fome pub lic place of the townfhip or village for the fpace of five days, and if fuch fine be not paid within the five days, fuch fergeant fhall proceed to fell ib much of the fame effects at public vendue to the higefl bidder for ready money as will an- fwer and pay the fine, and thirty three cents cofts for the ufe of the fergeant, returning the overplus if any to the party who owned the property fo diflrained, gnd the fergeant fhall pay the fine fo levied as foon as may be into the hands of the captain or fenior fubaltern of ficer prefent, as the cafe may be ? who fhall ap ply the fame as by law is or fhall be directed ; any thing in this or any other act or law con tained to ths contrary notwithftanding. AR. ST. CLAIBL. JOHN CLEVES SYMMES*. G. TURNER. SAROENT, Secretary* CONTENTS. Page. A LAW for regulating aiid eftablifhing the militia in the territory of the United States north-weft of the river Ohio J A Law for eftablifhing general courts of quarter feffions of the peace (and therein of the powers of fmgle juftices), and for eftablifhing county courts of common pleas, (and therein of the power of fmgle judges to hear and determine up on fmall debts and contracts), and alfo a law for eftablifhing the office of fheriff, and for the ap pointment of fheriffs 7 A Law eftablifhing a court of probate - 13 A Law fixing the terms of the general court - 15 A Law refpecting oaths of office - 16" A Law refpecting crimes and puni foments - 17 A Law regulating marriages - - 38 A Law in addition to a law, entitled, a law for re gulating and eftablifhing the militia, &c. - 30 A Law appointing coVoners - 32 A Law limiting the times of commencing civil adions and infb turing criminal profecutions 33 An Act to prohibit the giving or felling intoxicat ing liquors to Indians, and for preventing fo reigners from trading with them - 34 An Act prohibiting the fale of Ipiritous and other intoxicating liquors to foldiers, and to prevent the felling or pawning of arms, &c. - 3^ An Act for fupprefling and prohibiting every fpe*- cies of gaming for money, &c. and for making void all contract* and payments in confequence thereof, and alfo for reft raining the diforderly practice of difcharging fire-arms at certain hours and places - ... 38 An Act to alter the terms of the general court - 44 CONTENTS. Page. An Aft to augment the terms of the county courts of common pleas from two to four terms in the year, and to increafe the number of judges of the faid court, and alfo of the juftices of the quorum in the feveral counties 45 An Aft to authorize and require the courts of ge neral felfions of the peace, to divide the counties into townfhips, and to alter the boundaries of the fame when neceffary ; and alfo to appoint conftables, overfeers of the poor, and clerks of the townfhips, &c. 47 An Aft fnpplementary to a law, entitled, " A law refpefting crimes and punifhments" - 52 An Aft for the pnnifliment of perfons tearing or defacing publications fet up by authority - 53 An Aft creating the office of clerk of the legifla- ture 55 An Aft for rendering authentic as evidence in the courts of thrs territory, the public afts, records, and judicial proceedings in the* courts of the United States - - " " 57 An Aft abolifhing the diftinftion between the crimes of murder and petit treafon - - 58 An Aft regulating the enclofures of grounds 59 An Aft to alter and amend the militia laws 66 HOOTOAf AWW JO XJIO