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 LAWS 
 
 O F T H E 
 
 TERRITORY OF THE UNITED STATES 
 NORTH-WEST OF THE OHIO 
 
 and made t>j fit Govuitot/R and JUDGES, in their Lt- 
 gifldthc Capacity. at a Se/ff/t b*gv* *n. Fridaf, the xxix &ay 
 
 of M<xj> one t1w/fand,/evtn bvndrtd and 
 ending on fuef&uy thttivtntjjiflb day 
 
 WITH AH 
 
 APPENDIX 
 
 OP 
 
 RESOLUTIONS 
 
 AMD TliE 
 
 OADJKA.HCE 
 
 THE GOVERNMENT OF 
 TERRITORY 
 
 By Authority. 
 
 C I N C I N N AT I : 
 PRINTED. BY W. MAXWELl* 
 
 M,DCC,XCV1. 
 
AN ORDINANCE FOR THE GOVERNMENT or 
 
 THE TERRITORY OF THE UNITED STATES, NORTH- 
 WEST OF THE RIVER OHIO. 
 
 T> E IT ORDAINED by the United States mCon- 
 
 gress assembled, thatthe said territory, for the N 
 purposes of temporary government, begone dis- ry * to b ' c 
 trict; subject, however, to be divided into two tria, but 
 districts, as future circumstances may, in the to become two 
 opinion of Congress, maieit expedient. 
 
 Be itordained by the authority aforesaid, that 
 theestates both of resident and non-resident pro- 
 prietors in the said territory, dyingin testate, shall 
 descen4 to, and be distributed among their chil- Howlnteflates* 
 dren, and the descendants of a deceased child in peJfoat" 
 equal parts ; the descendants of a deceased child defccnd/ 
 or grand -child, to take the share of their deceased 
 parent in equal parts among them ; and where 
 there shall be no children or descendants, then, 
 in equal parts to the next of kin, in equal degree ; 
 and among collaterals; the children of a deceased 
 brother' or sister of the intestate, shall have in e- 
 qual parts among them their deceased parents' 
 share ; and there shall in no case be a distinction 
 between kindred of the whole and half blood ; sav- 
 ing in all cases to the widow of the intestate, her Dower 
 third part of the real estate for life, and one third 
 part of the personal estate ; and this law relative 
 to descents and dower, shall remain in full force 
 until altered by the legislature of the district. 
 And until the governor and judges shall adopt f^cs 
 laws as hereinafter mentioned, estates in the said till laws adopt- 
 territory may be devised or bequeathed hy wills *d 
 
 B 
 
 285003 
 
iv* 
 
 in writing^ signed and sealed by him or her, ra 
 ' r ^ d c wb-om theestate may be (being of full age) and 
 attested by three witnesses ; and real estates may 
 te conveyed by lease and release., or bargain and. 
 Wills to be pro- $ale*signed, sealed and delivered by the person be- 
 **d, and deed^ing of full age, in whom the estate maybe, and 
 Recorded. attested by two witnesses, provided ' such wiibbe 
 
 duly proved, and sirch/ conveyances- be. acknorc* 
 ledged, or the execution thereof duly proved, and 
 be recorded within one year after proper magis- 
 _ trates, co urts^and registers shall be appointed for 
 
 pr^ert^maU ^at,purpose; and personal, property may be 
 transferred: transferred by delivery, saving however, to the 
 to cer- French and Canadian inhabitants, and other ser> 
 lire'" tiers of the Kaskaskies^ .Saint Vincents, and the 
 & c'ufloma,. neighbouring villages, who have here to fore pro* 
 astothedefcent fessed thems.elves i citizens of Virginia, their law) 
 o d aTefP* 1 "* an d customs now in force among them, relative to 
 descent and conveyance of pro^e&ty. . 
 
 Beit ordained by the authority aforesaid 'that 
 
 Governor, for & era shall be appointed from time to ^time, by 
 
 *hat term tt be Congress, a governor,, whose commission shall 
 
 ommi(fioned -. contmueiaforce for the term of three years, un- 
 
 ii ^ualffican } ess S00nerre ^ j ie d : by Congress;. he sbaUjreside 
 
 in the distrkt, and havea freehold estate therein, 
 
 & f in one thousand acres .of land i while" in the &tet~ 
 
 *ht**J?m com! c ^ se .f bis office.. There shall be appointed from 
 
 jniifioned. time to tinie^ by Congress, .a secretary, tohose 
 
 commission shall eon tinue in force for four years, 
 
 unless sooner revoked, he shal! reside 1 in the 
 
 His i qnalifirati* dislricJ:,. and have a freehold estate therein,, in five 1 
 
 on & duties*, hundred acres of land ^whifeJn thie exercise of his, 
 
 office ; itshalf behisduty to keep and preserve the 
 
 acts and laws passed by; the legilature, and the 
 
 public records of the district, and the proceedings, 
 
 of the governor in -his executive 
 
and transmit authentic copies ol such acts and 
 
 proceedings, every six months, to the secretary ^ 
 
 of Congress : There shall also be appoin ted a court fafyigu 
 
 io consist of three judges, any two of Whom* to form 
 
 a court, who shall have a common law jurisdicti- the * r P wer 
 
 on, and reside in the district, and have each there- . 
 
 in a freehold estate in five hundred acres of land, ^ a 
 
 T? hile in the exercise bf their offices ; and their 
 
 commissions shall continue in farce during, good 
 
 behaviour. 
 
 The governor and judges, or a majority of 
 them, shall adopt and publish in the district, j^ 
 such laws of the original states, criminal and & |>Bbli(h tht 
 civil, as may be necessary, and best snited to the iaws **"f 
 circumstances of the district, and report them to * ft 
 Congress, from lime to time, which laws shall be 
 in force in the district until the organization of 
 the general assembly* therein, unless disapproved 
 of by Congress y but afterwards Hie legislature 
 shall have authority to alter them as they shall 
 think fit 
 
 The governor for the time befng, shall be term- Powcps of 
 tnander in chief of the militia, appoint and com- gpternor. 
 mission all officers in the same, below the rank 
 of general officers ; all 'general dfficers shall 'be*ap- 
 pointed and commissioned by Congress. 
 
 Previonsrto the organization of the general as- 
 semWy, the governor shall appoint such magis- Farther 
 trates and other civil pfticers, in each couiitybr of the 
 township, as he snaH find necessary for the pffe- or- 
 servation of the peace and good order in the samfe : 
 after the general assembly shall be organi ed, fhe 
 powers and duties of magistrales aricl other civfl fk^S 
 officers shall be regulated and defined ty the tr^e, bow 
 said assembly ; bu tall magistrates and other civil be repil^te 
 officers, not herein otherwise direc^ shadl da- aad defiaed - 
 
vi 
 
 ring the continuance of this temporary govern- 
 ment, be appointed by the governor. 
 
 For the prevention of crimes and injuries, 
 L , 3XV ! a^P^d the laws to be adopted or made shall have force in 
 " ' r all parts ol the district, and for the execution of 
 process, criminal and civil, the governor shall 
 make proper divisions thereofand he shall pro- 
 The goverjiar ceed fiom time to lime, as circumstances may re- 
 to lay out coun- quire, to lay out the parts of ihe district in which 
 
 tics and town, h j jj j , shall j fc cxtiimiiblietl, 
 
 ilups, \>here Jn- . . , . O 
 
 titles ex- into comities aiici townships , subject, however, 
 tosticli alterations as may thereafter be made by 
 thelegislaturCt 
 
 So soon as there shall be five thousand free male 
 5000 free males inhabitants, of full nc, in the distiict, upon 
 
 may cleft repre- . . r . r \ i 
 
 feniat'nes to a giving proof thereof to the governor, they shall 
 gen. aflembly ; receive authority, with time and place, to elect 
 representatives fiom their coun lies or townships, 
 to represent them in the general assembly: pro- 
 vided that for every five hundred free male inha- 
 In whatpropor- bitants there shall be one representative, and 
 so on progressively with ihe number of free 
 male inhabitants, shall the right of repiesentafu 
 on increase, until the number of representatives 
 shall amount to twenty five, after which the num- 
 ber and proportion of representatives shall be 
 
 regulated by the legislature ; Provided that no 
 Qualifications i i- -LI IT i 
 
 of reprefenta- P erso11 bc eligible or qualified to act as a repre- 
 xives. sentative, unless he shall have been a citizen of 
 
 one ofthe United States three years and be a 
 resident in the district, or unless he shall have 
 resided in the district there years, and in either 
 case shall likewise hold in his own right, in fee 
 simple, two hundred acres of land within the 
 Trovifo, forfur- same ? Pro videdalso, that a freehold in fifty acres 
 - of land in thedistiict, having been a citizen o; 
 
one of the states, and being resident in the district ; 
 
 or the like freehold and I wo years residence in the s . f re P rc - 
 
 district shall be necessary to qualify a man as an " 
 
 elector of a repiesentative* 
 
 The representative thus elected, shall serve for lhe - r term of 
 ttjfetermof two years, and in case of the death of f cr vicf,&c. 
 a representative, or removal from office, the go- 
 vernor shall issue a writ to the county or township 
 for which he was a member, to elect another in 
 liis stead, to serve for the residue-of the term. 
 
 The general assembly, or legislature, shall con- The general a(V 
 sist of the governor, legislative council and a fembiy how- 
 house of representatives. The legislative council com P * e<J f 
 shall consist of five members, to continue in of- 
 fice five years, unless sootier removed by Cou, 
 gress, any three of whom to be a quorum, and 
 the in embers of the council, shall be nominated 
 and appointed in the following manner, towit: 
 as soon as representatives shall be elected, the go- 
 vernor shall appoint a time and place fojr them i, oxv . to be eolu 
 to meet together, and,* when met, they shall no- tcaed. 
 iflinate ten persons, residents in the district, and 
 each possessed of a freehold in five hundred acres- 
 of land, and return their names to Congress; five A council to t>e 
 of whom Congress shall appoint and commission TP olBied * c - 
 
 r o . , Ci , and vacant ie. 
 
 to serve as aforesaid ; and whenever a vacancy to t, % 
 shall happen in the council, by death or removal 
 from office,^ the 'house of representatives shall 
 nominate two persons, qualified as aforesaid, for 
 each vacancy, and return their names to Con- 
 gress ; one of whom Congress shall appoint and 
 commission for the residue of the term ; and every 
 five years, four months at least before the expira- 
 tion of the time of service of the members of 
 council, the said house shall nominate len pei 
 cons, qualified as aforesaid, and return thjeir names 
 
to Congress, five of whom Congress shall appoin 
 and commission to serve as members of the coun- 
 cil five years, unless sooner removed* And the 
 The gov. le.2,if- governor, legislative council, and house of re 
 lVd V Lufcof n re! presenlatives, shall have authority to make laws 
 ^~ Tentative* in. all cases for the good government ofthedis- 
 to make Uws. trict, not repugnant to the principles and articles 
 ;in , this ordinance established.and declared. And 
 all bills having passed by ,a majority in the house, 
 and by a majority in the council shall be referred 
 /flent of the j. Q fae governor for his assent ; but no bill or le- 
 foIil lawT-^Hc gislative act whatever > shall be of.any force with- 
 may convene, o.ut his asserit. .The governor shall have power to 
 prorogue & dif- fconvene, prorogue and dissolve the general as- 
 
 ohre th am-s^mbly, when in his opinion it shall be expedient, 
 * 9 The governor, judges, legislative council, se* 
 
 cretary, and .such other officers as Congress shall 
 Oattsof fideiity appoint in the district, shall take an oath or af- 
 to be taken by firmation pf fidelity, and of office, the govern-* 
 officers of go- O r before tbe president of Congress, and all other 
 vcrnment. officers before the governor. As soon as a le- 
 . . gisla tu re shall be. formed in the district, lite coun 
 
 covfncil and re- ciland house, assembled in one room, shall have 
 prefentative* authority by joiiitbajlot to elect a delegate to Con- 
 to ele# a deU- grcss, who shall hav.e a^seatin Congress, with a 
 gr!fs, Ind who" "g nt Pf debating, but not of voting, during this 
 may debate but Jc in pouary government, 
 not vote. ^ nc } for .extending the fundamental principles 
 
 of civil .and ^religious If berty, which form the ba- 
 Preamble to- sis whereon these republics, their laws and con* 
 ^vards stitutions are, erected; to fix and establish those 
 
 the bafi* o f .principles as the basis of all laws, constitutions and 
 afuturcgvern- overnin ejits, which for ever hereafter shall be 
 meat. formed in the said territory/ to provide also for 
 
 die establishment of states, and permanent go- 
 
 vernment therein, and for their admission to a 
 
share In the federal councils on an equal footing 
 with the original states, at as early peiiods as 
 may be consistent with the general interest. 
 
 It is hereby ordained and declared, by the au- 
 thority aforesaid, that the following, articles shall Claofc 
 be considered as articles of compact between the J or y of *he foU 
 
 . . i i i lowing artlcl** 
 
 original states and the people and states- in the of , co Sip a a ; 
 said territory, and for ever remain unalterable, 
 unless by comrooiivconsentv lo wit:* 
 
 ARTICLE I. No person, demeaning himself 
 in a peaceable and orderly manner, shall ever be Art. i . For reK 
 molested -on accouufc'ofhU mode of worship or gious liberty* 
 religious sentiments in the said territory.. 
 
 ART. If. The inhabitants of the said territo- 
 ry shall always-be en-titled tfr the benefit-of the * rt - * s " ar< ' 
 
 ii jfi_ i i * 16 bene 
 
 -writ of habeas corpus, and of the tnal by jury; g t O f hab. cor. 
 of a proportionate representation of the people trial by jury, re- 
 in the legislature, and 1 of judicial proceedings presentation of 
 according tothe-course'of the common law-, all ^roMedings"- 
 persens shall be bailable unless for capital offences, cording to the 
 where the proof sfell be evident or the presumpti- common Jaw. 
 on great; allfinefrshall bemoderare, and no cru- Bailable * 
 el or unusual punishments shall be inflicted 4 no Fines tt"be mo- 
 man shall be deprived -of his liberty or property derate; nocru- 
 but by the'judginent of his peers, or the law- of el r onufual P"'* 
 the land; and should the public exigencies make inaia 
 it necessary- for the-common preservation to take 
 any person's* property, or to demand his parti- 
 cular services/ full compensation shall be made 
 for the same ;_and*in the just preservation of 
 rights and property it is understood and. declared, 
 that no law ought ever to be made, or have force: 
 in the said territory^, that shall in any manner/'No expoft 
 whatever interfere with j or affect private con tracts laws to 
 or engagements, bona fide and without fraud 
 previously formed* 
 
ART. Ill, Pe!Jgicn r Tr:oralfly ancllmcwleclge> 
 .Art. 3. rjuca- being necessary to good government and the hap, 
 10 be en- piness of mankind, schools and the means of 
 and education shall for. ever be encouraged. The 
 n* O b utmost good faith -shall always be -observed to- 
 &r ved. " -wards the Indians ; their lands and property shall 
 
 never be taken from them without their consent^ 
 and in their property, rights and. liberty, they 
 never shall be invaded or disturbed, unless in just 
 .and lawful wars authorized by -Congress ; but 
 laws founded in justice and humanity shall from 
 time to time be made, for preventing wrongs 
 being done to them, an.d for preserving peace and 
 friendship with them. 
 
 Art. 4.Tb*ter- ART. IV. The said territory, and the states 
 ritoryand ftates \vHich may be formed therein, shall for ever re- 
 to be formed j t of lllis con f e deracy of the United 
 
 therein, to re 1 . , , . i_ i t r 
 
 main a part of Mates or America, subject to the articles of confe- 
 deration, and to such alteration' therein as shall 
 be constitutionally made; -and to all ihe acts and 
 ordinances of the United States in Congress a- 
 jc.a t pro- sembled, conformable thereto. The inhabitants 
 
 portion of the , , . i .1 . i n i i 
 
 federal debts. an< ^ settlers in the said territory, -shall be subject 
 *to pay a part of the federal debts, contracted or to 
 be contracted, and a proportional part of tjie ex- 
 penses of government, to be apportioned orf them 
 by Congress according to the same common rule 
 and measure by which apportionments therof 
 shall be made on the other states ; and the taxes for 
 paying their proportion, shall be laid and. levied by 
 the authority and direction ofthelegislaturesofthe 
 district or districts or new states as in the original 
 states, within the'time agreed upon by the United 
 
 Kottointcrfere States in Congress assembled. The legislatures 
 
 ^^of f lh ? e districts > or new states slia11 never inter - 
 fere with the primary disposal of the soil by the 
 
xi. 
 
 United Stares in Congress assembled, nor with t f, e f j] 
 any regulations Congress may find necessary for United States, 
 securing the title in such soil to the bona fide pur- 
 chasers. No tax shall be imposed ori lands the u * Su * Un ^ s 
 property of the United States; and in no case shall noV'thoft^of, 
 jnon-resident proprietors be taxed higher than non-reGdents 
 residents. Toe navigable, waters leading into higher than av 
 the MissUippi and St. Lawrence, and \ the carry ing patera <jeclar* ! 
 places between the same shall be common high- cd common 
 -ways, and for ever free, as welt to the inhabitants h%hwaj. 
 of the said Territory, as to the citizens of the 
 United States, and those of any other states that 
 may be admitted into the confederacy, without 
 any tax, impost or duty therefor. 
 
 ART. V. There snail be formed in the said Art. $ Not less 
 Territory, not less than three nor more than" five *" 3> Dor 
 I slates /and the boundaries of the states, as soon j^/g^^f",,^ 
 I as Virginia shall alter her, act of session and ron- <d in rhe tcrri- 
 I sent to the same, shallbecome fixed and establish tor jr. 
 ed as follows, to wit : The western sfeafce in the 
 said Territory, shall be bounded by the Mis-' Tileir 
 sisippi, the Ohio and Wabash rivers ; a direct 
 line drawn, from the Wabash and Post Vincents 
 due north to the territorial line between the 
 United States and Canada, and by the said lerri. 
 torial line to the Lake of the Woods and 
 Missisippi. The middle state shall be bounded 
 by the said direct line, the Wabash fioin Post 
 Vincent's to the Ohio; by fhe Ohio, by a direct 
 line drawn due north iioin the mouth of the 
 Great Miami to the said -territorial Kno, and by 
 said territorial line. The eastern slate shall be 
 boundc t by thelast inentiourd diiect Ki.e. the 
 Ohio, Pennsylvania, and the said territorial line : 
 provided howover, and it is further understood 
 and declai*ed, that the botfndries ol these three 
 
 
states, shall be snbjecrso far ro be altered, thafc 
 
 if Congress shall hereafter find it expedient, they/ 
 
 s-hall have authority to form one o'r.twostates-im 
 
 TUferving- to tj )at .p art o fi ne 5a id territory which- lies north ofi 
 
 Congrels power , iv * i i- 
 
 10 lay off one or an east> anc west line drawn through the south- 
 two i'tatcj more, erly bend or extreme of lake* Michigan: and! 
 ^ v . whenever any of the said state* shall have sixty 
 
 inhabitants ina thousand free inhabi tan is therein, such state shall! 
 itate, it /hail be be admitted by its delegates into the Congress off 
 admitted into the United States, on an equal footing with tin 
 original states in all'respects whatsoever*, ^i 
 sKali be at liberty to form a -permanent^ ' rstit 
 f Fro\iro. The tion and state- government :. prowded llc. con. 
 confutation and stilution and government so to be form edf* shall 
 government o ^ re p u blican, and in confcfhnity to the princi- 
 
 juch new Itate j^ ' v * * r 
 
 to be republi- pies contained' in these -articles and so far as il 
 can But an u can be-coiisistent with the gen era! interest, of . the] 
 niou >v4th the confederacy, such admission shall be allowed a-t: 
 
 u . o; may b al- .. * j i i i i_ i 
 
 lowed at an ear- an earlier period, and when ihere may be a. less; 
 period. number ot free inhabitants in thastate. thansixty^ 
 thousand*. 
 
 6. Nofiuve- ART, VI,. TKere^shall bVneitEer slavery rroi 
 permuted, ihvoluntary^servitudein the said^territoiy, other- 
 wise, than in punishment of crimes whereof the 1 
 CT Q Oilier p art y shall have been duly convicted : provided 
 may be^lways, that any person escaping into the same, 
 from .whom labom; or service is v Jaw fully claimed' 
 in any one of the. original stat&s, such fugitive 
 may be-lawfully reclaimed and conve) ed to the 
 person claiming, his or, hei; labour or sjRivica as 
 afoiesaid.. 
 
 Be n ordhined\>v llie authority aforesaid, that? 
 ^ resolutions of the aSd, of April, 1784, relative-' 
 repealed'. 16 the subject ot ihis ordinance, be, and the 
 
same are liereby repealed and declared null 
 
 and void. 
 
 DONE by the United States itt Congress 
 assembled, the i3th. day of July, in the 
 year of our Lord 1787, and of their 
 sovereignty and independence the 1 2th. 
 
 CHA. THOMSON, Secy. 
 
LAWS 
 
 O F T H E 
 
 TERRITORY of the UNITED STATES 
 
 N O R T H-W E S T of the O H I O. 
 
 M. ST. CLAIR, 
 JOHN C. SYMMES, 
 G. TURNER. 
 
 TERRITORY OF THE UNITED STATES 7 
 NORTH-WEST OF THE OHIO. 5 
 
 A LAW subjecting Real Estate to 
 execution for debt. Adopted 
 from the Pennsy Iranian codc^ 
 and published at Cincinnati > 
 the first day of June, one thou- 
 sand^ seven bundled and nine* 
 ty;(ive> by Arthur St. Glair, 
 governor \ and John Cleves 
 Symmes and George Turner, 
 judges, in and over the said 
 Territory. 
 
 Sect. !. '"TO THE END, that no creditors may 
 be defrauded of debts justly due to 
 them, from pei sons who have sufficient real, if 
 not persona], estates to satisfy the same; all lands, 
 tenements and hereditaments, whatsoever, where 
 no sufficient personal estate can be/ound, shall be 
 liable to be seized and sold, upon judgment and 
 execution obtained, 
 
 II, Piovided akv&ys, That when any debt is 
 iereafter recovered, and damages awarded ; or 
 when any debt is acknowledged before such as 
 have, or shall have, power to take cognizance there- 
 of, and executions are awarded thereupon, to. be 
 levied upon iheiands, tenements or hereditaments 
 
 Preamble.- 
 
 Real e'tate may 
 be taken in exe~ 
 ciuiqa for debt, 
 where DO per- j 
 fonal eftatc be 
 found : 
 
 Bat otlierwjfe> 
 where the prcx 
 firs will pay 
 debt and cofrs 
 fivkhin. 
 
oFany person or persons, whatsoever; 
 be law! ul for any sheriff, or other officer, by virtue 
 of such executions, or of any writer writs there- 
 upon, to sell, or expose to sale, any such lands, 
 tenements or hereditaments, wliicli shall ormay ( 
 yield yearly rents or profits, beyond all'reptizes, 
 sufficient within the space of seven years, to pay, 
 or satisfy such debts or damages, wi th costs of suit : 
 but all those lands, tenements- and hereditaments, 
 shall, by virtue of the writer writs of execution, 
 be delivered to the party obtaining the same, until 
 the debt, or damages be levied by a ''reasonable 
 extent* in the same manner and method as lands 
 are delivered upon writs of elegit in England. 
 
 Ill* Provided nevertheless^ That if the cleat 
 If not, then the profits of such lands or tenements shall not be 
 lands,' &c. ma> found, by inquest of twelve men, to be sufficient, 
 be fold. within seven years, to satisfy the debt or damages 
 
 in such executions; or, if before the extent be out, 
 any other debts or damages shall be recovered 
 against the same debtor or defendant, his heirs, 
 executors or administrators, which, with what 
 remains due upon such extent, cannot all be sa~ 
 tisfied out of the yearly profits of the lands or 
 tenements, so extended within seven years ; then, 
 and in every such case, the sheriff or other offi- 
 
 Cf cer shal1 ' accordin gty> certify the same upon the 
 return of such executions; whereupon a writ 
 or writs of vendiliorii exponas shall issue forth, 
 to sell such lands and tenements, for and towards 
 satisfaction of what shall remain due upon such 
 extent; as also, towards satisfaction of all therest 
 of the said debts or damages, in manner as is 
 hereinafter directed, concerning the sale of other 
 lands. 
 
 IVy It shall and may be lawful for the sheriff. 
 
or oilier officer, by a writ of Icvsri facias, to seire 
 and take all other lands, tenements and heredita- !;, before and 
 ments 4n execution ; and thereupon, with all con- after falc. 
 venient speed, either wither without any writ 
 of rendition! exponas, to make public sale there- 
 of, f9r the most they will yield ; and pay the 
 price or value of the same to the party towards* 
 satisfaction of his debt, damages and costs. But 
 before any such sale be inade,' the sheriff, or 
 other officer, shall cause 'SQ many writings to be 
 made upon parc'hment, or good paper, as the debt- 
 or or defendant shall reasonably desire or request; 
 or so many, without such request, as may be 
 sufficient to- signify and give notieebr such sales 
 orvcndues, andof the day and hour- when, and 
 thp-place where the same will be, and what lands 
 or tenements are to beso sold, and'vyhere they 
 lie: which notice shall be given to thedefendant, 
 and the said parchments or papers fixed by the ^ ot , ice r ,*2 
 
 . r , -.. . * U J,,. fenidant at lead. 
 
 sheriff, or other ofticers; in the mast public J0 days before- 
 places of the county, at least ten days -before sale, i'*le. 
 And upon -iuch sale, the sheriff,. or other officer, 
 shall make return theieof, endorsed or* annexed 
 to the said levatl facias ; and give the buy era deed, 
 duly executed and acknowledged, in: court, for 
 vihat is sold. But in case the said lands and where tb ef* 
 h'eridilaments, so to beexposed, cannot be sold ; tare cannot be 
 then the officer shall make retuin upon the \\rit, fold for want 
 that heexposed^s^rli lands or tenements to sale, a rT^raViai* to. 
 and ihe same remained in his hands- unsold^ for 
 want of buyers: 'which .return shall not make the 
 officer liable to answer the debt or damages con- 
 tained in such writ/ but the writ of Icvari facias 
 shall, forlhwilli, be awarded and directed to the 
 proper officer, commanding him to deliver to the- 
 party such part or parts of those lands, tenements; 
 
and hered.' Laments, a^, shall satisfy his debt, da- 
 mages and interest, from the time of the jud 
 .mentgiven, with costs of suit, according to the 
 valuation of twelve men ; to hold to him as hia 
 free tenement, insatishclion of his debt, damag- 
 es and costs, or so much thereof as those lands, by 
 the valuation thereof, as aforesaid, shall amot?nt 
 unto : and if it fall short, the party .niay after- 
 wards have execution for fhe residue against the 
 defendant's body, lands or goods, as the laws of 
 ihisjerritory shall direct and appoint, fiom time 
 to time, concerning other executions. All which 
 said lands, tenements, hereditamen Is and premi- 
 ses, so as aforesaid to be sold or delivered oy the 
 sheriff, or officer aforesaid, with all their appur- 
 tenances, shall or may be quietly and peaceably 
 held and enjoyed by the person or persons, or 
 bodies politic, to whom the same shall be sold or 
 delivered, and by his and their heirs, successors and 
 assigns, as fully and amply, and for such estate and 
 estates, and under such rentsand services, as he or 
 they, for whose debt or duty the same shall be 
 sola or delivered, jnight, could or ought to do, 
 at, or before, the takingthereof in execution. 
 
 Xzetptaitod*-.. V ' Pr ided olmn That the messuage, 
 fendant's chief lands or tenements upon which the defendant is 
 feat. chiefly seated, shall not be exposed to sale, be- 
 
 fore the expiration of one whole year, after judg- 
 ment is given; to the intent, that the defen- 
 dant, or any other for him, may redeem the 
 same. 
 
 fVI. v \Vheredefaultordefaults have been, or 
 
 Proceedings in shall be, made or suffered by any mortgagor -or 
 
 mortgages mortgagors of lands, tenements, or other heredi- 
 
 made. dcfaolt taments within this Territory ; or by his, her or 
 
 their, heirs, executors, administrators and as- 
 
signs, of or in payment of the mortgage-money, 
 or performance or the condition or conditions 
 which they, or any of them, should -have paid or 
 performed, or ought to pay or perform, in suck 
 inanner and form, and according to the 'purport, 
 ten or and -e fleet of fehe respective provisoes, condi- 
 tions or covenants, compri/ed-in their deeds of 
 mortgage or defeazance, and at the days, times and 
 places, in the same deeds, respectively, mentioned 
 and contained ; in every such case, it shall and 
 maybe lawful to and for the mortgagee or mort- 
 gagees, and him, her or them that grant the said 
 deeds of cle/eazance, and his or their heirs, exe- 
 cutors, administrators or assigns, -any time alter 
 llie expiration of twelve months, next ensuing the 
 last day whereon the said mortgage-money ought Mortgagee may 
 to be paid, or other conditions performe'd, as a- fue out a fci.fa. 
 ioresaid ; to sue forth a writ or writs ofscire facias; withia twelve 
 \%hich theclerkofthe court of common pleas, for " 
 the county where the said mortgaged lands or here- 
 ditaments lie, is hereby empowered and required 
 to make out and dispatch, directed to the proper 
 officer; requiring him, by honest and lawful men 
 of the neighbourhood, -to make known to the 
 mortgagor or mortgagors, his, her or their heirs, 
 executors or administrators, that he or they beand 
 appear before the magistrates, judges or justices 
 of the said court or courts* to shew, if any thing 
 he or they have to say, wherefore the said mort- 
 gaged premises ought not to be seized and taken in 
 execution, for payment of the said mortgage-mo- 
 ney, with interest; or to satisfy the damages 
 which the plan tiff in such scire facias, shall, up- 
 on the record, suggest for the breach or non-per- 
 formance of the said conditions. And if the de 
 fendant in such scire facias appear, he or she may 
 
plead satisfaction or pay meat of part, or alt,, 
 'mortgage-money, or any oilier lawful plea T in a- 
 voidance of the deedordebj;, as the case may re. 
 ^ ire : bnt ^ tlje Defendants in such sore facias 
 will not appear on the day whereon the same 
 writ shall be made returnable, ( then, if the case 
 be suck as damages, only, are to be- recovered, an 
 ^l 11 ^ stall be forthwith charged to, enquire 
 levari thereof; and the definitive judgment therein, as 
 well as all other judgments to. be given upon 
 suchscire facias, shall be fentered=, that the plain*- 
 tiff in the scire facias shall have execution, by le? 
 vari facias, directed to the proper officer: by vir- 
 tue whereof, the said mortgaged premises shall be- 
 taken in execution, and exposed to. sale, in man* 
 Her aforesaid, and, upon sale, conveyed to the 
 buyer or buyers thereof, and the money, or pricfc 
 of the same, rendered to the mortgagee or credi* 
 tor; but, for waiat ofbuyers, to be delivered to* 
 the mortgagee, or creditor, in manner and form 
 as is herein above directed, concerning other 
 lands and hereditaments to be sold, or delivered 
 upon executions, for other debts or damages* 
 And when the said lands and hereditaments shall 
 be sold-, or delivered, asaforesaid,. the person oc 
 persons to whom they shall be sold oc deJLveredJ 
 shall and may hold and enjoy thesame, with their 
 appurtenances, for such estate or estates as they 
 \veie sold or delivered,, clearly discharged and 
 (reed from allequily and benefit of redqmption, 
 and all other incumbrances. made orsuffered by: 
 th'e mortgagors, their heiisor assigns : and such 
 sales shall be available in law : and the respec- 
 tive Vendees, mortgagees, or creditors, their heirs 
 andassigris, shall hold and enjoy the same, freed 
 and discharged, as aforesaid B.uL- before sue h v 
 
C 3T 1 
 
 sales be made, notice shall be given, In writing, In 
 manner and form as is herein' above directed, 
 eoncerningjhe sales of lands upon executions ; 
 any law or usage, to fhe contrary, notwithstand- 
 ing^ 
 
 VIL Provided also. That when any of the. Sheriff to 
 said lands, tenements or hereditaments which, by. 
 the direction and authority of this law, are to be "otfce 
 Sold for tie payment of debts and damages, in gor, or 
 manner aforesaid, shall be sold for more than will dant * 
 satisfy the same debts, or damages, and. reasonable 
 costs ; .then the sheriff, or other officer who shall 
 make the sale, must render the overplus to the 
 debtor or defendant; and then, and not before, 
 the said officer shall be discharged thereof, upon 
 record, in the same court wUer6 he shall makflr 
 return of his proceedings concerning the said 
 sales. 
 
 Vffl, Provided also, That no sale or delive- No new 
 rv which shall be made, by virtue of this law, cfta j C h to fce 
 shall be extended to create any" further term 'or (^\^ 
 estate to the vendees, mortgagees or creditors, than 
 the lands or hereditaments, so sold or delivered, 
 shall appear lo be mortgaged for, by the said re- 
 spective mortgages or defeazible. deeds. 
 
 IX* Provided also, That if any of the.. said If judgmenVon 
 judgments, which do or sliall warran t the 'award- whi . c ^ executi" 
 ing of the said writ's of execution whereupon any be r"vcHed*for 
 lands, tenements or hereditaments, have oeen or error, tne land? 
 shall be sold , shall, at any time hereafter, be re* ^ ; c. fold, not to 
 versed for any error or errors i; them and in every J 16 r ! ftoreJ T r 
 
 , J ~ i .111 * but iTJ'epnr chafe 
 
 such case, none or the said lands, tenements of mo ^ C y to be 
 hereditaments, so, as aforesaid, taken or sold> paid over to the 
 or to be taken or sold upon executions, nor Pit ' 5n crror * 
 any part thereof, shall be reslored, nor live sheriffs 
 sale or delivery thereof avoided ; but restitution, 
 
in such cases, shall bemade only of the money or 
 pice lor which such lands ware or shall be sold. 
 
 THE foregoing is hereby declared to be a 
 of the Territory ; to take effect on and from the 
 fifteenth day o/ August^ next ensuing; IN TES- 
 TIMONY whereof, we Arthur St. Clafr, 
 John Cleves Syinmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST. CLAJR, 
 JOHN C. SYMMES, 
 G. TURNER. 
 
 TERRITORY OF THE UNITED STATES } 
 NORTH-WEST OF THE OHIO. J 
 
 A LAW allowing Domestic At- 
 tachments. Adopted from the 
 Pennsylvania n code, and 
 published at Cincinnati, the 
 first day of June, one thou- 
 sand, seven- hundi ed and nine- 
 ty-five-, by Arthur St. Clair, 
 A*. ST. CLAIR, governour, and John Cleves 
 Syinmes and George Turner, 
 judges, in and over the said 
 Territory* 
 
 Sect. L '"THE judges and justices of the respec- 
 tive county courts within this Ter- 
 ritory, shall and are hereby empowered to grant 
 writs of attachment; which aUacliments, so gran t- 
 ritsof attach- ed, shall be duly served, by the jespective sheriffs 
 - nc VV 1 ) or coroners, as> ihe case may require, upon the 
 goods and chattels of such person or persons a- 
 
[23] 
 
 gainst whom the same shall be awarded, In ; 
 whose hands or possession the same shall be iafcrl ^ c orts ' 
 fonnd,returnable to the next succeeding court, re- 
 spectively/where the party may proceed to trial, 
 and shall have judgment granted the third court 
 after the etfects are seized. 
 
 II, The- person or persons, whose goods or ef- 
 fects aieso attached, shall be defendant in the at- 
 tachment ; and the person in whose hands, or pos- 
 
 :.-in, the same goods or effects are attached, j^ e garnifhee 
 i be called thegarnishee; and shall be obliged toanfweratre- 
 Lo appear in court, at the return of the attachment, turn of attach 
 and answer what shall be objected against him, 
 and abide the judgment of court; and shall be bie 
 allowed, out of the effects attached, reasonable * r 
 satisfaction for his attendance, 
 
 III, The manner of executing writs shall be 
 
 bv the officer's going to the house, or to the per- How tlie 
 
 i i \\ i i j r , (hall be c&ecut* 
 
 son in whose hands, orpossession, thedefendant s j^. 
 goods, of effects^ are supposed to be, and then and 
 there declaring, in the presence of one or more 
 credible persons of theneighbourhood, that lie at- 
 lacheth the same goods, or other effects. From and 
 after which declaration, the goods, money or ef- 
 fects, so attached, shall remain in the officer's 
 power, and be b) him secured, in order to answer 
 and abide the judgment of court, in that case, un- 
 les's the garnishee will give security therefor. 
 And if the plainti/F in the attachment obtain a 
 verdict, judgment and execution, for the money 
 and goods in the garnishee's possession ; yet the 
 defendant in the attachment may, at any time, 
 before the money be paid, put in bail to theplain- 
 tiffsartion, uponwhich theattachmentis ground 
 ed ; whereby thegarnishee will and shall bo im- 
 mediately discharged. And il an attachment 
 
[24] 
 
 j 
 
 sliall be ma3e for goods or effects, and the gar* 
 nisliee plead he had no goods or effects in his 
 hands, at the time of the attachment, or at any 
 time after, and the plaintiff prove the contrary; 
 the jury, in such case, being satisfied that the proof 
 is plaiir and hill, shall find for the plaintiff, and 
 say, v.'hat goods or effects they find in the gar- 
 Judgment, Low n j s i iee < s nau( ] s; whereupon judgment shall be 
 
 enter*d : and ap- i i i r i 
 
 praifcmcnt to entered, thatappiaisemeiit may be made ot the 
 be made. said goods or effects, so found by the jury ; and a 
 
 precept shall be granted, requiring the sheriff to 
 on C to P thc 1C fhe* 8 el the same appraised : and if thegarnishee will 
 riff; and, on not produce them, then execution shall be forth- 
 faiiure of gar- with awarded for the value thereof, according to 
 tion"' xecu " appraisement, to be levied upon the lands, tene- 
 ments, goods and chattels of thegarnishee. 
 
 IV. Provided always, That no attachment shall 
 hereafter be granted against any person or per- 
 
 No attachment sons' effects, but such, only, as, .at the time of 
 cffeks U , C buf aiDft g rant i n g such writs, are not resident or resid- 
 -where'the own- ing within this Territory ; or are about to re- 
 cr is non-rcfi- move or make their escape out of the same, and 
 dent, about to ^\\ refuse to >ive sufficient security to thecom- 
 
 elcape, or fhall ,. r t_ & J i i a ii_r i 
 
 refafe to give p^inant, for his debt or other demand, before be 
 fccurity. depart the said Territory. 
 
 V. Provided also, That after judgment ob- 
 tained by the plaintiff, upon -any attachments 
 
 How plaintiff to against non-residents, the plaintiff shall, before 
 
 judgment af b r - sa l ean ^ a f ter execution is awarded, find security ; 
 
 taincd. who sliall undertake for the plaintiff, that if llie 
 
 defendant in the attachment shall, within a year 
 
 and a day next following, by himself, or attorney, 
 
 come into court, and disprove or avoid the debt 
 
 recovered by the plaintiff against him, or shall 
 
 discharge the same, with costs; that then the 
 
 plaintiff shall restore, to the defendant, the goods 
 
or effects, orvalue thereof, by the plaintiff at- 
 tached and condemned, or so much thereof as 
 shall be disproved or discharged; or else they 
 shall and will do it for him* 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the fif- 
 teenth day of August, next ensuing: IN TES* 
 TJMONf whereof, we- Arthur St. Clui/\ 
 John Clcves Sym?nes and George Turner \ havo 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST, CLAIR, 
 JOHN C. SYMMES* 
 G, TURNER. 
 
 TERRITORY OF THE UNITED STATES 7 
 .NORTH-WST Off THE OJB1CL 
 
 A LAW regulating Domestic 
 Attachments. Adopted from 
 
 l ^ le Penns y^ vanian code, and 
 published at Cincinnati, the 
 first, day of June, one thou- 
 sand, seven hundred and nine* 
 . CLALR, ty-five I ty Arthur St. Clair^ 
 JOHN.C. J^YMMES, governour^ and lohu Cleves 
 C. TvRNt*. i>) mmes and George Turner, 
 
 judges, in and over tJie said 
 Territory 
 r T roceengs a. 
 
 . U p any person shall absent him or her- gaioft abscond- 
 
 sell out ot this Territory, or abscond g debtors, 
 fioin his or h^r usual place of abode (not rakin^ 
 care to satisfy his or her just debts) it shall ami 
 may be lawful for any justice of tho peace, ot tho 
 county where such person's estate inav be found, 
 
to "rant a writ of attachment, for any debt not 
 exceeding the sum of twelve dollars, directed to 
 any constable of the same county, to attach the 
 goods and chattels,*orofcher effects ^oF such person 
 to answer the creditor: but befote the granting 
 any such, attachment, the -person or persons re- 
 questing the same, or some other credible per- 
 son or persons, for 'him -or them, shall, upon 
 oaih 01 .affirmation, declare, that the 'defend- 
 ant in -such-attachment is indebted to the 
 plaintiff, therein,, named, in a sum -not -exceed- 
 ing twehe -dollars; .and that the defendant 3 
 -and has been absconded from the place of his u 
 stial abode, for (he space of six days, with a de 
 sign to defraud his creditors, as is -believed ; anc 
 that ihedelendant Jias not left a clear, fee-simple 
 estate, in lands or tenements within thisTernlo- 
 ry, sufficient to pay his debts-, so far as the plain 
 tiff, or deponent 1 , knows or believes. Which 
 oath, or affirmation, the justice of the peace, ihat! 
 grants such wri.t^ is hereby empowered and re- 
 quired to administer. And if any attachment be 
 granted otherwise, or contrary to the true intent 
 and meaning hereof, t'he justice of the peace, so 
 granting the same, shall, for every such offence, 
 forfeit the sum of twelve dollars, for the use of 
 him or her that will sue for same. 
 
 II. As soon as the justice of the peace, before 
 ? r " whom the'writof attachment is returnable, ao 
 haxL*" 6 "* cepts the constable's return thereof, the said jus* 
 
 lice shallimmediately appoint two substantial free* 
 holders, to take into their -custody all the goods 
 and chattels attached : for which they shall be 
 accountable, until they shall dispose of the same, 
 as hereinafter is directed ; and snail, also, fortho 
 with publish his said proceedings, by advertise- 
 
to ex- 
 . r<2 d : l [ ar ** 
 I -fr )ce of the 
 f, egce to cta f e 
 
 in the most public places, neai the late 
 dwelling place of the person so, as aforesaid; ab- 
 senting^, and likewise in one, or more, of tliepub- 
 lic news-papers within this Territory ; appoint" 
 ing the time and place for all the creditors of the 
 person, against whose effects and estate the at- 
 tachment is granted, to appear, then and there to 
 discover and make proof of their demands : and 
 it, after a full ancl careful examination, it shall 
 appear, that there is a just debt due to any one when the 
 person from the said defendant, exceeding the appear 
 sum of twelve dollars ; then, and in every such 
 oise, the said justice -of the peace, shall no fur. 
 ther proceed ; but shall deliver and certify to farther p oc ti- 
 the prothonotary of the co:irt of common pleas, isv fflM ^ errif 7 
 jor me same cou-nty, the saiJ attachment, and 
 all proceedings thereon had before him : Vv here- 
 upon, itshalland may be lawful, for the Justices Proceeding," of 
 or the said court, to grant and issue one writ the Common 
 
 ofattachnrent, only, to the personx>r persons who lMeas tbcrcu P 
 
 it * i t on s 
 
 obtained the said attachment from the said jus- 
 tice of the peace (if he demand the same) or, if 
 not, then to any other creditor of die defendant, 
 
 ! to the sheriff of ttie same county directed, re- 
 quiring him to attach all the goods, chattels 
 rights and credits, lands, tenements and lieredi- 
 
 I laments of the said defendant, Vvitlnn liis baiii- 
 
 '\\ic. By virtue of v\hich writ, thesaid sheriff, 
 shall, together with the residue of tlm s"aid de- 
 fendant's real and personal estate in the same 
 county, attach, and take into his custody, all the 
 
 i goods and chattels of the said defendant (or the 
 product o- such part of them, as may be sold, ac- 
 cording to the direction of this law) then in the 
 hands and possession of the said freeholders t 
 and, upon the return of the said wilt of at- 
 
 on 
 
 and of the fee* 
 
C 28 3 
 
 lachment, by the said sheriff, the justices of the 
 said court or Con.mon Pleas, and all olher per- 
 sons acting Tinder their authority, shall proceed 
 ihereon, in like manner, and shall have the same 
 jurisdiction and powers, for the discovering, sel- 
 ling, collecting, compelling payment of, receiv-j 
 ingand distiibuttn^ the estate, real and personal, 
 ol the defendant among his creditors, as they 
 might or could have had, if the said ^writ ofattach- j 
 menthad, according to the laws of this Territory, 
 issued out ol the same court. 
 When one at- jj[j. When any attachment shall be granted by 
 
 tachment is if- / ./ . b / / 
 
 fued, <> fecond an 7 justice of the peace, or a*iy writ of attach-j 
 writ of that na- ment shall issue out of any inferior court, accor-I 
 ture foal] be ding to the directions of this law, no second orj 
 former be* Ac other attachment, or writ of attachment, granted] 
 ter m i ne d ODt orissued by the said justice, or any other justice! 
 within the same county, or by the justices of thei 
 same interior court, against the real or personal! 
 estate of the same defendant, or the execution ofj 
 them, or any of them, shall bind or affect the; 
 right, title, interest or property of, or in, the; 
 real or personal estate of the same defendant, ] 
 within the same county, or any part thereof,' 
 while the proceedings on the said first attach- 
 ment, or writ of attachment, remain undeter- 
 mined : any law, usage or custom, to the contra- 
 ry, notwithstanding, 
 
 w . . IV. When the said justice of the peace shall 
 
 chattels, or pe- accept of the return of an attachment, from the 
 ri/hable goods constable, as above directed ; if it shall appear to 
 are attached, thesame justice, that any cattle or other chattels, 
 fo'/ t within ten necessary to be maintained at expense, or any 
 day*. perishable goods, have been attached, by virtue 
 
 Proceedings of the same attachment ; it shall and may be law* 
 hcreiu, ful for the same justice, to order sale of them to 
 
C 29! 
 
 be marie, by the said freeholders, within fen days : 
 of which public notice shall be given, at least 
 six days before the sale thereof, by advertise- 
 ments to be set up at the most public places, near 
 the place of *aic; and that the money arising 
 therefrom shall be lodged in the hands of the 
 freeholder, aforesaid, to be attached or distri- 
 buted amone the creditors, in the mannerherein- 
 before or hereafter directed and appointed," 
 V. If no such debt exceeding twelve dollars 
 shall, to the said justice of the peace, appear to HOW juftices of 
 be due from the said defendant; then the said the peace, &c.' 
 goods, chattels and other effects, in the hands of *7 no""* 
 the said freeholders, shall be brought to an ap a b ve 12 dol- 
 praisement, but not sold (except as is herein be- lara (hall ap 
 fore excepted) until the expiration of thiee P ear * 
 months, next after the granting the attachments 
 to the end, that the debtor may have time to re- 
 deem them, if he see cause. And if, after the 
 expiration of three months, as aforesaid, the deb- 
 tor shall not appear and redeem them; on notice 
 thereof, given to the justice of the peace, he shall 
 forthwith order and direct the said freeholders to 
 make sale thereof/ and out of the money arising 
 therefrom, and all other money then in their 
 hands, from any part of the defendant's estate ari- 
 sing (reasonable charges first deducted) to make 
 payment to t*he creditors, who shall appear and 
 make pioof of .their debts, within the said three 
 months, in proportion of their respective debts; 
 and the overplus, if any, to be returned to the 
 owner. But, before any such saleis made, the 
 freeholders aforesaid shall give, at least, ten days 
 notice thereof, by advertising in the most pub'-, 
 lie places, the time and place of such sale) and 
 the constable shall receive fifty cents, for serving 
 
to 3 
 
 attach menf^and twenty-five cents for serv- 
 ng execution. 
 VI, The freeholders, aforesaid, v\ ithin six days* 
 
 " ext a ' termil l ;in ri sllcnsa l e anc * distribution, as is 
 herein befoje directed, shall render a true ao 
 property, to countol their proceedings ro the justice of 
 he put on re. peace, who granted the attachment lobe by 
 1por- * kept as a record of their proceedings therein* 
 
 THE foregoing is hereby. declared {o te a lawn 
 o! the Territory ; to take effect on and from the 
 fifteenth day of August, next ensuing: /A 7T-S- 
 TJMORY vke*ef; V^e jfnLur Si. flair, 
 Jof.n CUvcs Sj'u.mes and George 7nrzer 9 have 
 caused the seal of rhe Territory to Le tlrncunio 
 afiixed, and signed the .same^ilh cur 
 
 AK. ST. 
 
 JOHN C. SYMMES, 
 C. TUUNKR, 
 
 TERBTTCKYCF THE UNITED STATES 
 NOR) H-WLST OF THE OMO 
 
 A LAW foii the easy and speedy 
 Recovery of Small Debls. A- 
 dop led from the Pcr*B$jrtvaiiM 
 an code, and published al Cm* 
 cinnali, the third day rfJttne^ 
 t>ne thousand* seven hundisd 
 and ninety-five; by Aithur 
 Ax. ST. CLAIR* gt, Clair, governour* and)* hn 
 
 Clcves S ) WHies and Geor Be 
 Turner, judges^ in end over 
 
 the said Territory* 
 
 SecU L TJ^^^ ccwplaiwt made lo any }siico 
 of a couit ofcoiuiLon ple*$i or jus- 
 
13* 3 
 rice of the peace, asams-t any person for any 
 
 i r / if .. i ii I 
 
 debt, or demand, under live dollars, it shall and 
 
 may be lawful for surh justice, and he is heieby 
 empowered and required to issire forth his warrant 
 in the nature ofasuminpBS, capias or attachment, 
 as the case may require, directed to the consta- 
 ble of the township, OF district where the defen- 
 dant dwells, or can be found; commanding him 
 to bring such defendant, or causirg him to 
 come with the plaintiff, before him or the next 
 justice, forthwith; and when such justice hath? 
 heard the proofs, by the oaths c-r affirmations of 
 one or more witnesses, and the allegations of boll* 
 parties, or such ef them as will be present, he- 
 shall, forthwith, give judgment in the matter; 
 which shall be final and conclusive to both com- 
 plainant an<i defendant, without further appeal. 
 Tut the justice, who gives judgment, shall keep 
 fair entries of the names of the complainants and 
 defendants, and the debt or sum contained in 
 such judgment, with the day and year when the 
 same was given, and execution, if required, 
 shall be awarded, by the justice, against the bo. 
 dy,er grodsand effects ot the defendant or per- 
 son refusing to Comply with such mdgment, di- 
 rected to the constable. If the defendant produce 
 effects sufficient to satisfy the sum, contained in 
 such execution, his body shall not be held any 
 longer; but, for want of such effects, the consta " 
 ble is hereby lequired to tale such defendant in- 
 to I be jail of the proper covnly ; and the sheriff 
 cr 1 eeper of MHII jail, is heieby required to re- 
 ceive the person, so lalen in execution, and him 
 safely keep, till the sum recovered, with costs, he 
 paid, 01 satisfaction macV by goods, oroiheiwise ; 
 which goods sLeJl,v\iiliin ihree cajs alter, be sold 
 
 , 
 
 How defct on* 
 der 5 j ]j art# 
 
 u recoverable. 
 
 NO appeal. 
 
 The juft'c* 
 
 l c n e 1 ** 
 
 Execution, 
 
 _. . 
 to e 
 *here 
 cau bc 
 
by public vendue, and the overplus, if any, after 
 reasonable charges deducted, returned lo the 
 owner. 
 
 II. No court shall have cognizance of any of 
 the said debts, or denia.id*, under live dollars ; nor 
 shall the same be determined by any riistice,iii a- 
 ny other way, than this law directs; any law or u- 
 Scgeto tlieconiiary,inanywi$e, notwithstanding, 
 
 III. Provided always, 1 hat nothing herein 
 Contained, slwll extend to enable any ot the said 
 justices, within the respective counties, to hear 
 any debt for rents, or where the title of real es- 
 tates comes into question. 
 
 IV- All actions of- debt, or other demand, for 
 Debt From f to ^ value of five dollars, and upwards, and not 
 12 Dol. inclu exceeding twelve dollars (except such actions as 
 five, where cog- are hereinafter excepted) are hereby made cog- 
 nizable before any justice of the Common Pleas, 
 or lusliceof the peace, in the county in which the 
 Proceedings defendant shall be.orreside: and the said justices 
 thereon, by are hereby respectively empowered and required, 
 warrantor e*. upon complaint to either of them made for any 
 such debt or demand, to issue a warrant in the 
 jiatureof a summons, or capias, as thecase may re- 
 quire, directed to the constable of the township or 
 district v* here the defendant dwells, or can be 
 found.; or to some other constable, near to him; 
 commanding such constable to bring, such defend- 
 ant or cause him to appear, before the said justice, 
 at I he time and in the manner following ; that is 
 
 If by capias =t sa ^ '* * n cases ' where process shall oe in the 
 thfa,&c, nature of a capias, forthwith after the service 
 
 thereof; but where a summons shall t>e issued, 
 then on some certain day therein to be expressed, 
 notless than five, npr exceeding eight days, from 
 the date of such process, And at the time ap- 
 
pointed, for the hearing of any such cause, the 
 said justice, having heard and examined the 
 parties, with their proofs and allegations, shall 
 give judgment thereupon, as the true merits and 
 right of the cause shall appear to him; or, at the 
 request of the parties, auditors or referrees shall Refcrrees may 
 be named by them* and being approved of by b * 
 the Justice, snail-proceed to hear ana examine the- 
 proofs and allegations of the plaintiff arid defen- 
 dant: and, upon the return of such auditors, the 
 said justice shall give judgment thereupon, ac- 
 cordingiy ; with such costs, only, in either case, 
 as by law are allowed in debts under five dollars. 
 
 V. Provided always, That the process against p . t .. 
 
 a freeholder shall be by summons, only ; and ser- gH^a freehold- 
 vice thereof. shall be made on the person, or a ers. 
 copy thereof left at the house of the defendant, in 
 the presence of one or more of his family, or 
 neighbours, at least four days before the time ap- 
 pointed for a hearing. And if the defendant do 'hot 
 apppearat the time appointed^ then r onoath or 
 affirmation, made by the con stable, that the said 
 summons was duly served, in manner aforesaid, 
 the justice who granted the same summons, may, 
 either then, or on such further day as he shall 
 deem consistent* with reason and the nature of 
 the case, to appoint (and not otherwise) proceed 
 to hear and determine such cause, or causes, in 
 the defendant's absence; and give judgment, 
 and awarJ execution thereupon, as if the defea- 
 danthad been personally present. 
 
 VI. After judgment given, in any of tfie cases . 
 aforesaid, the justice who pronounced the same f u *h C cafes, & 
 shall grant execution thereupon, directed to the proceedings a- 
 constable aforesaid ; commanding him to levy the g*i n it ibe goods, 
 debt or damages and costs of the defendants 
 
goods and chattels who, by vktuc thereof, shal 
 within t!i3sp.ice of tendays next afterwards, ex 
 pose the same to sale by public vendue, re 
 turning the overplus, if any be, to the clefen 
 dant: and, for want of sufficient distress, to tal 
 \trie body. o4 such defendant into custody, an 
 him or her to carry and convey to the commo 
 Jail of the. ronnly. And the ssheriff, or keepe 
 of such jail, is hereby required to receive th 
 peison or persons, -so 'taken in -execution, an 
 liim, her, or th tin, saiely to keep, until the sum 
 recovered, -with costs, be fully paid. And i 
 ./default of such safe- keeping, to be liablefoanswi 
 fwef 1 fur cU * ne damages to the party grieved, in -such man 
 capes. ner as, bylaw, is provided in case of escapes 
 
 but in case no assets "belonging to the defendan 
 sufficient to pay the debt and costs, can be/ound 
 it shall and may be lawful for The plaintiff to a\ 
 ply to the justice who pronounced the judgmenl 
 lor a transcript theieof; and on- 'filing the sam 
 in theprolhonotary's office of the court of Con 
 inon Pleas, in that county in which the recbver 
 shallbehad, it shall and may be lawful for th 
 plaintiff to levy the sum recovered, vvi'h costs o 
 IWbentheUiuU suit, on the lands and tenements of the defendan 
 and i tenements e j t ] ier by fieri facias., Venditloni exponas, or 
 Stay Ve^ic vied liberari facias , as the case may require, in lik 
 oil. wanner as, bylaw, isprovideJin oth-cr cases/ 
 
 VIK Provided always, Jhat no such exccutio 
 shall be issued against any freeholder, in less than 
 Execution a- thespare oi tinee months, next after the .entry 
 gioft fwbold O f Suc j 1 judo^ent, u-nless tlie plaintiff, or some 
 
 ers not to inue i j r i i in 
 
 *'ithHi;rt;ont.i8 b dy ror linn or her, shall, on oath, or afhrirsa- 
 ooiefs, &.c. tion dedaie* that lieor she hath good reason to 
 
 believe that the debt will, by such delay, be lost; 
 
 for that at the end ol die said term, or before it 
 
t w ] V! 
 
 he or she believes the defendant will not havesut- 
 ficiont assets in the county, on which the said 
 debt may be levied / :andif any judgment to be 
 given, as aforesaid, shall be against a person, not a 
 Freeholder, such person shall hare the execution 
 against him or her respited for the like term of 
 three months, on his or her entering into recog- 
 nizance to the plaintiff with one sufficient securi- 
 ty, in the nature of special bail; on condition to 
 deliver the body of ,tne defendant to the sheriffof 
 the county, at or any time before the expiration 
 of the time so tobt allowed ; or that the money 
 adjudged to be due, shall then 'be paid. And in 
 default of giving such security, shall be commit- 
 ted to the common jail of the county ; thereto 
 remain until the debt and costs shall be paid ; or 
 such defendanbotherwise legally discharged. 
 
 VIII. Provided also, That where the plaintiff, cofts to dcfen- 
 in any case, shall become nonsuit, or judgment da n* 
 
 shall pass .against him, then the justice is hereby 
 required to assess the defendant his reasonable 
 costs,, to be levied -in manner aforesaid* 
 
 IX. Providedalso,Tha.lil any person or persons 
 
 shall conceive him her or themselves aggrieved A PPaI allow- 
 by any such judgment, so to be given, (cases de- 
 terminedon the return of auditors or referrees, 
 i as aforesaid, only exeepted) it shall and may be 
 lawful for such person or persons, at any time 
 within the space of six days next following the 
 giving ofsuck judgment, but not after, toappeal 
 therefrom, to the court of Core-mon Pleas, next 
 to beholden for. the county in which such suit 
 shall be commenced ; he, she or they first ente- 
 ring into recognizance with at least one sufficient 
 security, at least in double value of the debt or 
 damages sued for (and sufficient to answer all 
 
 r 
 
C36] 
 
 costs) to prosecute the said appeal, with effect, 
 and to abide the order of the said court / or in 
 default thereof to be senr, by mittimus, to the she- 
 riff of the county, by him to be kept, until he t 
 she or they, shall give such security, or be o* 
 thfcrwrse legally, discharged. 
 
 lattices tokcen ^ . The sai ) ustices h a11 cause fair en tries tobe 
 dockets, and made in boote, by them to be provided, for that 
 how. purpose, of the names of the plaintiff and defen- 
 
 dant, in all such cases as may come before them ; 
 with, the debt and costs adjudged, and the time 
 when the same judgment was given. And upon 
 any appeal made from. any such judgment, the 
 Juftlces duty Jo justice, who pronounced the same, shall send a 
 cafe of a?pl. transcript thereof to the prothonolary of the court 
 of Common Pleas for the county in which such 
 appeal is^made, on or before the -first ddy of tha 
 term next following any such appeal : for which 
 transcript, or any other, obtained by virtue of 
 this law, the justice shall be allowed, in the costs 
 to be taxed, eighteen cents and no more* 
 Proceedings in & At the court to which any such- appeal 
 the court ap* shall be made, the person so appealing, shall 
 pealed to. cause an entry of his suit to be made by rhe pro* 
 thcrnotary of such court; and shall either have 
 his appearance entered, or give bail to the action, 
 as the nature of the case may require ? or on ne- 
 glect thereof, and application ofrlhe appellee to 
 the court, for that end, the appellant's default 
 shall be recorded^ the first judgment? affirmed^ 
 with reasonable oostsv and execution shall be issu- 
 ed out, of the saidicourt against the defendant's 
 body , goods, or chattels* as is usual in oth^r cases. 
 And in case the defendant shall appeal, or give 
 tail, asraforesaid, tb.e plaintiff or defendant in the 
 appeal, as the ca5e may require, shall file his oc 
 
[373 
 
 her declaration, and the adverse party plead to. 
 issue, in such time as shall be directed by the 
 court; so always that the cause be tried by a ju- 
 jy of the country, m the usual manner, either at 
 the court to which such appeal is made, or the 
 next terra at farthest , unless me court, on cause to 
 them shewn, shall think fit to give tbe parties 
 a farther day : and as the verdict shall be render- 
 ed in any or tkesaid causes, the court shall give 
 judgment thereupon as the mature of the case 
 may require, with cost of suit. 
 
 XI L ProvideU always. That if the parties, ap- 
 pellant and appellee, oreither of them, shall ne-< 
 gleet or reFuse'to file fc his or her declaration, or fo 
 plead to 'issue, in such time as shall be directed 
 by court, a nonsuit or a judgment, by default, 
 may be entered, for want mereofas usual. 
 
 Xllf. Providedalso, That the costs to be tax- 
 ed in sutfh suit, *to the several officers -and others What cods to 
 concerned for the services by them respectively to ba uxcd * 
 be done, shall be two third parts only of the 
 costs now usually taken in the said courts of Com- 
 -on Pleas. 
 
 XIF. Provided also > That none of the justices, not to 'fit 
 -v/ho, by virtue 6f this law, shall hear and da- the fame caufc 
 j-iermine any of fhe causes, aforesaid, out ofcourt> itt cdul * c * 
 shall afterwards, sit* on the faring, and deter- 
 mining the same 'cause, t>n an appeal made to 
 any of the courts of Common Pleas, aforfesaicL 
 
 Jf^. li any person or persons, whomsoever, 
 shall commence, sue or pro-cute any suit or 
 suits, lor any djebts or demands made cdgnk- 
 able, as aforesaid, in other manner than is direct- 
 ed by this law, and shall obtain a verdict or 
 judgment therein, for debt or damges, which, 
 without costs of suit, shafl not amount to moie 
 
than twelve dollars, (not having caused an oath 
 or affirmation to be made, before the obtaining 
 'of the writ of summons or capias and tiled tlis 
 same in the protho notary's office, respectively, 
 'that he, she or they, so making oath or affirmati- 
 on, did Iriily believe the debt due, or damage 
 sustained exceeded the sum of twelve dollars) he 
 she or they, so prosecuting, shall not recover 
 any costs; in such suit: any law, usage or cus- 
 tom, lathe contrary, notwithstanding. 
 
 'XVI. Provided also, TKat this law, nor any 
 Particular thing herein contained, shall be deemed, con- 
 debededar<lea strucd or understood to extend to actions of debt 
 faw. W hl9 for Tent, xlebt upon bonds for performance of co- 
 venants, to actions of covenant, u actions of re- 
 plevin, or upon any real contract ; nor to actions 
 of trespass on the case for trover and conversion, 
 or slander ," nor to actions of trespass, for as* 
 sault and battery or imprisonment; nor to such 
 actions where lh title of lands shall any wise come 
 in question. 
 
 TWfi fare^ing is hereby declared ro be a lavr 
 of &e Territory ^ totate effect on and from the 
 first day of Oetober,nexl ensuing: IN TES* 
 T1MONY whereof, we Ankvt Sr* Clair, 
 John Clev&s Symmes and George Turner, have 
 cause4 the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. STV CLALR, 
 JOHN C. SYMMES- 
 fe. 
 
[393 
 
 TERRITORY OF THE UNITED STATES > 
 NORTH-WEST OF TH OHIO* 5 
 
 A LAW concerning defalcation, 
 Adopted from the Pennsylva- ' 
 nian code^ and published at 
 Cincinnati, the third day "of 
 June^ one thousand* seven 
 hnndfedand ninety-five', by 
 Arthur:* St. Clair, governour* 
 Aa. ST. CLAIR, ^ and John Cleves Symmes-aud 
 George Turner, judges, in and 
 over I fie said Territory. 
 
 Sect. L IF twa, or more, dealing together, 
 
 be indebted to each olher upon ing together, & 
 bonds, bills, bargains, promises, accounts, or onefue out aa 
 the like, and one of tliem commence aa action* "' h 
 
 hi any court,- if the defendant cannot gainsay plea d. 
 the deed, baigain or assumption, upon winch he 
 is sued, it shall be lawful tor such defendant to 
 plead paynaentef all, or part of die debt, or siimv 
 demancled ; and give any bond, bill, receipt, ac- 
 count or bargain-in evidence s and if it shall 
 
 pear, that the defendant hath fully paid-y or salis- 
 lied, tho debtor sum demanded, the hiry shall 
 find for the defendant; and iudgment shall be 
 entered, that the plaintiff shall take nathing'by 
 his writ, and shall pay the costs. And Hit shall Fart j icr 
 appear, ^at any part of the sum demanded be 
 paid, then so muchasis found to be paidsbaU-l e 
 defalkecl; a^id ihe plaintiff hc*ll have j^idgmene 
 for th^-residHe, only, wkh costs of suit. But if it 
 appear to the j:ry, that the , lain tiff is overpaid, 
 Inen they shall give in-then verdict for the de- 
 fendant, and, withal, certify to the court, how 
 much, they find the plaiutilf to be indebted, or 
 
E401 
 
 in arrear, to the defendant, .mare .than \will aiH 
 swer thedebt or sum demanded 7 and the sum or 
 sums, so certified, sliall'be recorded with the ver- 
 dict, and shall be deemed as a debt oi "record; 
 and if the plain tiff^refuse^o pay thesanrej the de- 
 fendant, for recovery thereof, shall ha^e.a scire 
 ft * facias against the plaintiff in the said action, and 
 
 toave.execution lor thfj same, with the costs of that 
 ac&on. 
 
 tender? H 'Provided always, That In all cases where 
 
 a tender shall be made, and full payment be of- 
 fered by discount, or otherwise, in such specie 
 as the party, by conttaet or agreement, ought 
 to do, and the party to whom such tender shall 
 fee made doth refuse thesasne, and yet -afterwards 
 will sue for the debt or goods, so tendered ; the 
 plaintiff shall not recover any costs in such suit, 
 
 111. Provided <z&o, That in all cases, where the 
 
 Where ao- !.. JJtJ u 
 
 countvbetwcen Pontiff and defendant, having accounts to pro* 
 two parties, duce one against another, shall, by themselves, 
 what proceed- oratfcornies on* agents; consent to a rule of court, 
 xuga.to e had. of re f err j n g the adjustment thereof, to .certain 
 persons, mutually chosen by them in open court 
 (the award or report eft such referrees being made 
 according to the submission of fche parties, ap~ 
 proved of by the couct, and entered upon tlie 
 record, or roll) shall have.tiie same effect, and be 
 *ci. Ta. deemed and taien to be as available in law, as a 
 
 Terdict given by .twelve men: and the party, to 
 whoin.any sum or sums of money are thereby 
 awarded.to be paid, shall have judgment, or a 
 scirc facias, for me recovery thereof, as the case 
 may require, and as is he rein .be fore directed, con- 
 cerning suuis found and settled by a juiy 5 any 
 
[41 ] 
 
 law or usage to the contrary, in anywise notwith- 
 standing, 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the 
 first day of October, next ensuing : IN TES- 
 TIMONY whereof, we Arthur Sf. Glair. 
 John Cleves* Symmes and George 1urner y have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST. CLACR, 
 JO -IN C. SYMMES, 
 G. TURNER. 
 TERRITORY OF THE UNITED STATES 
 
 NORTH-WEST OF THE OHIOi 
 
 A LAW for the trial and punish- 
 nient of Larceny, under a dol* 
 lar and a half - Adopted from 
 M6 Pennsylvania.*, code, and 
 published at Cincinnati, the 
 fifth day of June, one thou~ 
 An. ST, CIALR, .ra/K/; seven hundred and nine 
 
 Ih^-*?* 1 *' &-&** b ? Arthur St - Clair t 
 gpvernour, and John Cleves 
 Symmes and George Turner, 
 judges, in and over the said 
 Territory. 
 
 Sect. L JF any person shall be convicted* 
 dthcr by his or herown confession^ 
 or the testimony ofered&le evidence, before a- 
 ny two justices of the peace, in their respective- s 
 
 lunties, of having feloniously stolen any money. ** panlflibl 
 goodsor chattels (the same being-uuder the value btfort a ** ftu 
 ri fave shillings, now equal to one hundred' and "*' 
 fifty cents) the offender shall have judgment, to 
 be immediately and publicly whipped, upon 
 bis or her bare back, not exceeding fifteen lash- 
 P, or be fined in any sum, at the discretion ot 
 
Party accufcd 
 may,'onrequeft, 
 have trial be- 
 fore the quar- 
 ter (efiions, on 
 recognizance 
 for appearance 
 there- except 
 iervants, unlefs 
 
 Justices tore- 
 cord their pro- 
 ceedings bcrs 
 in. 
 
 the said justices not exceeding* three dollars; and 
 if able, to make restitution, besides, to the par- 
 ty wronged: paying also the charges of prosecu- 
 tion ond whipping: or,, otherwise; sh.aH be sent to 
 the work house, to bskept at hard taWur; and, 
 jor want of such work-house, to becommitted to 
 prison, for such changes, for a term not exceed- 
 ing twelve days ; any law to .the contrary, notr 
 withstanding. 
 
 IL Provided always, That if the party, so 
 charged with sti eh larceny, requestto.be tried at 
 the court ofgeneral quarter sessions of the peace,, 1 
 to beheld for the connty respectively, the sairie 
 shall be granted by the said justices; t-he of- 
 fending party giving security to appear and an- 
 swer at the said court : otherwise he or she shall 
 be. committed, as is usual ia such cases. But, if 
 he party so charged with larceny be a servant or 
 servants., he, she or they shall not have any ap- 
 peal, unless the master, mistress or friend of the 
 party charged shall beCome security for his, Jier 
 or their appearance at the next court, as, in such 
 cases, is usual. 
 
 Ill, One or more of thef ustices who shall render 
 judgment, by virtue of .this law, shall keep fair re- 
 cords of jiis. or their poceedings therein. 
 : 
 
 THE foregoing is hereby declared to be a Jaw 
 of the Territory ; to take effect on and from the 
 fifteenth day of August, next ensuing; /A* TES- 
 TIMONY whereof, vye Arthur St. Clarr, 
 John Cloves Syrnmes and George Turner*, have 
 caused the seal of the Territory to he thereunto 
 affixed, and signed the same with *our names 
 
 ^H. ST. CLA1R, 
 JOHN C. SYMMfiS, 
 G. TURMi.Il. 
 
TERRITORY OF THE UNITED STATES? 
 NORTH-WEST OF THE OHIO. 
 
 A LAW to prevent unnecessary 
 Delays in Causes, after [ssue 
 joined. Adopted fmm the 
 Pennsylvanian code> and pub- 
 lished at Cincinnati, the fifth 
 day of June, one thousand^ 
 
 AR ST. CLALR, seven h undred and nine- iy-five ; 
 
 JOHN'C. SYMMES, ty Arthur St. Clair, cover- 
 
 C. TURNfiK. ^ T T i ^7 A, 
 
 nour, and John Clevis by mmes 
 and George Turner, judges, in 
 and over the said Territory. 
 
 Sect, I. ADHERE any issue-is or shall be join- 
 ed, in any action or suit at law, 
 
 in any of the courts of this Territory and the Plaintiff ne- 
 plaintiff or plaintiffs' in any such action or suit, g'^'ng to 
 hath or have neglected or shall neglect to bring in^^courTe 
 such issue on to be tried, according to the course to fuller anon 
 and practice of the said courts, respectively ; it futt 
 shall and may by lawful for the judges, or justices, 
 of- the said courts, respectively, at any time af court; 
 ler such neglect, upon motion made in open 
 court (due notice thereof having been given, in 
 open court, the preceding term) to give the like 
 judgment for thed^fendant or defendants, in every 
 such action or suit, as in cases of non-suit ; un- 
 less the said judges or mstices shall, upon just 
 cause and reasonable terms, allow any further 
 time or times, for the trial of snch issue, And if And, for 
 the plaintiff or plaintiffs shall neglect to try such ?"' ne & 
 issue within the time or times so allowed; then, ^ * 
 
 and in every -such ca^, the said judges, or justic- 
 es, shall proceed to give judgment, as aforesaid. 
 .11. JProvidcd always i That all judgments given r 
 
 G 
 
7hifc?to be ty virtue of this law, shall be of the like Force 
 a? judgment* on and effect as judgments upon non suit, and of no 
 jion-folt. ol her force or effect, 
 
 III. Provided also, That the defendant or de- 
 
 Defendant to. fendants shall, upon such judgment, be awarded 
 
 have coils. his, her or their costs, in any action or suit, 
 
 \vherehe, sheer they would, upon non-suit, be 
 
 entitled to the same ; and in no other action o 
 
 suit whatsoever. 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from th< 
 fifteenth day of August next ensuing : 1NTES 
 TIMONY whereof,, we Arthur St.- Clair 
 John Cleves Symmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST. CLAfR, 
 JOHN C. SYMMES, 
 G. TURNER. 
 
 TERRITORY OF THE UNITED STATES 7 
 NORTH-WEST OF THE QlilO, 3 
 
 A LAW establishing Courts o' 
 Judicature. Adopted from the 
 Pennsylvanian code, and pub- 
 lisJied at Cincinnati^ the sixth 
 day of June, one thousand, 
 seven hundred and ninety- five ; 
 by Arthur St. CAair,gcn>cmou/< 
 avid John Cleves Symmes and 
 George Turner, fudges, in and 
 
 over the said Territory. 
 
 Sect. I. TTHERE shall be a court stiled The, 
 
 peace, holden and keptiour time? in every year, 
 
 An. ST. CLAIR, 
 
[45] 
 
 in every county, viz'. In the county of Wash* 
 ington, at the town of Marietta... on the third 
 Tuesdays of March and June, aud the first Tues- 
 days of September and December, yearly and 
 every year; in, the county of Hamilton, at the m Hamilton t 
 town of Cincinnati, on the first Tusdays of Fe- 
 bruary, May, Augnst and November, yearly 
 every year; in the county of St. Glair, to behold- la St. Clair* 
 en as follow eth, (to wit) in the district cf Kaskas- 
 iia; on the first Tuesdays of January, March, 
 June and August; in the district of Kahokia, on 
 ihe first Tuesdays of February, April, July and 
 October ; and in the district of Prairie-du Rocher, 
 on the Ci;st Tuesdays of May, August. Novem- 
 ber and February, yearly and every year: and in - n Kno . 
 the county of Knox, on the first Tuesdays of Fe- 
 bruary, May, August and November, yearly and 
 every year, 
 
 II. There shall be a competent number of jus- 
 tices in every county, nominated and authorized a | ufl j cs to 
 
 by the Governour, by commission under the seal form ibis bench, 
 of the Territory c which said justices, -or any 
 three of them, shall and may hold the said Gene- 
 ral sessions of the peace, according to law! 
 
 III. The said justices of the peace, or any 
 
 three of them, may, pursuant to their said com- May bold Cpe- 
 niissions. hold special ajid private sessions, when, clal feffions - 
 and as often *s occasion shall require. And the J^^ 
 saidjustices,,and every of them, shall have full to recognlzak- 
 power and authority, in orout of sessions, to take ces : 
 all manner of recognizances and obligations, 
 as any justices of the peace, in any of- thctJnired 
 States, may* can, or usually do: which saidrc- 
 cognizanrcsand obligations, shall be made to the 
 United States. And all recognizance,? for the 
 peace, behaviour, or for appeal auce, N Inch shall 
 
[46] I 
 
 be' taken* by any of the said justices, out of ses- 
 sions, shall be certified into their said General 
 sessions, of the peace, to be holden next after the 
 ccr * taking thereof : and: every recognizance, taken 
 before any of them*, for suspicions of any manner 
 of felony,, or other crime riot- triable in the said 
 court of Barter-sessions of thepeace, shall be cer- 
 tified before the judges of the General court, or 
 court of Oyer and -Termiiier, at their next succeed- 
 ing court to beholden next after the taking there- 
 of, without concealment of, or detaining or em- 
 bezzling the same. But in case any person or per- 
 sons shall forfeit his or their recognizances of the 
 peace, behaviour or appearance, for any cause 
 whatsoever; then the said lecognizancey so for- 
 feited, with the record of the default ' er cause ol 
 forfeiture, shall be sent and* certified,, without de< 
 lay, by the justices of the peace, into the said 
 General Court, or court of Oyer and Terminer, as 
 bhecase may require; that thence piocess may 
 issue against the said- parties, according to law. 
 AIL which forfeitures shalr be levied by the pro- 
 per officers and go to the Tenitory. 
 
 IV. All fines and amerciaments, which shall 
 How finct (Ball fo e j^jj before the justices of the said courts of 
 
 be let, and cf- ^ , . I r i i n i 
 
 treated. General quarter-sessions or the peace, shall b6 tax- 
 
 ed, afferred arid'set, duly and truly, according to, 
 ihe quality of the offence, without partiality or 
 affection ; and shall be yearly estreated by the 
 clerksof the said courts, respectively, into the said 
 General Court or court of Oycr and Terminer : 
 l-o the intent, thatprocess may be awarded to the 
 sheriff of every county, as the case may require, 
 for lev) ing such of their fines and amerciamenls, 
 as shall be unpaid, to the uses for which they aie, 
 or shall be appropriated. 
 
C 47 3 
 
 V.' Provided always, That the said courts of 
 the General quarter-sessions of 'the peace, may 
 be kept and continued for the space of three le- 
 gal days, or seventy-two hours, in every of the 
 said counties, respectively, at any of- the said 
 times hereinbefore appointed to hold and keep 
 the said court and sessions there-' 
 
 VI, To the end, that persons indicted or out- The ; r proc ee<l- 
 lawed for felonies,- or other offences, in one ings as to per.* 
 county, or town corporate,- who. dwell, remove fons >odi&d, 
 or be received, into another county, or town an ^ renting 
 corporate; may be brought to justice; it is here- into other coua 
 by directed; that the justices^ or any of them, lies - 
 shall and may direct, their writs, or precepts, to 
 all or any of the sheriffs, or. other ofticers of the 
 said counties, (where need.shall be) to take such; 
 persons indicted or out lawed: And it shall and 
 may be lawful to and for the said -justices, and e- 
 very of them, to issue" forth subpoenas, and other 
 warrants, under their respective hands and seal of 
 the county, into any county or place of this Ter- 
 ritory,, for summoning or bringing any person, 
 or persons* to give evidence in and upon any 
 matter or cause whatsoever* now. or hereafter ex- 
 aminablc, or in any ways triable by or before 
 them, or any of them ; under such pains and: 
 penalties as subpoenas, or warrants of that kind, 
 usually are orought, by law-,, to be granted er a 
 warded. 
 
 VIL If any person or persons shall find him or , ,. . 
 
 i i yr . i i r i i r <* Appeal given Jj> 
 
 themselves aggrieved by the judgment of any of r i le oeueral 
 
 the said courts of general quarter sessions of the 
 peace, or any other courts of record, within 
 tins Territory ; it shall and mny be lawful to and 
 for the party or parties so aggrieved, to have his 
 or their, writ or writs of error, which shall be 
 
( The general 
 court cfUbliflr 
 cd. 
 
 It fittings i:i 
 \Vafliiugton 
 
 and 
 
 in Hamilton ; 
 
 Supreme pow- 
 er* of this 
 
 courc. 
 
 M'here iflTue 
 joined therein 
 Ihull be tried. 
 
 Circuit courts 
 cftablifhed in 
 St. Clair, Knox, 
 and other couu- 
 ti'-s to be erect- 
 ed One judge 
 to form the 
 bench Terms 
 dit'crciiouary, 
 
 C 4? J 
 
 granled, of course, in manner as other writs are* 
 to. be granted and made returnable to the General! 
 court. 
 
 fill. There shall be holden and kept, twice 
 in every year, a Supreme court of record, whichi 
 shall be called and stiled, The General court ;: 
 the sittings of which court to commence at Mari- 
 etta, in the county of Washington, on the third! 
 Tuesday of October, yearly and every year; and' 
 on the third Tuesday of March, at the town ofi 
 Cincinnati, in the county of Hamilton, yearly 
 and every year. And the judges of the said court, 
 and every of them, shall have power and autho- 
 rity, when and as often as there may be occasion, 
 to issue forth writs of habeas corpus, certiorari, 
 and writs of error, and all remedial and otliei 
 writs and process, returnable to the said court, 
 and grantableby the said judges, by virtue of their 
 office. 
 
 IX. Provided always^ That upon any issue Join- 
 ed iu the said General-court, such issue shall be 
 tried in the county whence the cause was remov- 
 ed, before the judges aforesaid, qr any one of 
 them, assicjrcuit courts who are hereby empow- 
 eied and required, if occasion require, to go the 
 circuit, twice in every year, into the counties of 
 St. Clair and Knox, and such other counties as 
 may hereafter be erected, to try such issues in fact 
 as shall be depending in the aid General court, 
 and removed outof either the counties aforesaid ; 
 (when and where they may try all Issues joined) ; 
 or to be joined, in the same General court, and'to 
 do, generally, all those things that shall be ne- 
 ccSciy (or the trial of any issue, as fully as justices 
 of nisi jnius in any of the United States may or 
 can do. 
 
r 493 
 
 X. The said judges, or any two of them, shall,. Mot left than 2 
 in their said couit, hear and determine all causes, J u<J S es to torul 
 matters and thrrigs, cognizable in thesaid court; g a r f*" 
 and also hear and determine all and ail manner 
 o'f pleas, plaints and causes, which shall be re- T ^ e >r power* 
 moved, or brought there, from the respective Ge- *J" iall "^vVe'a 
 neral quarter-sessions of the peace, and courts of the errors of 
 common pleas, or from any other court to be i -fcrior courts.- 
 holden for the respective counties: and to exa- 
 mineand correct all andall manner of errors of the 
 justices of the inferior courts, in their judgments, 
 process and proceedings in the said courts ; as 
 well in all pleas of the United States, as in all 
 pleas real, personal and mixed : and thereupon 
 to reverse or affirm, thesaid judgments, as the -and pan:(h the 
 law doth or shall direct* And also to examine, contempts, co- 
 
 . i , . . motions, &c- 
 
 correct and punish the contempts, omissions O f j u (ij ce s (he- 
 ,and neglects-, favours, corruptions and defaults riffs, coroners, 
 of all or any of the justices of the peace, sheriffs, and ther &* 
 coroners, clerks and other officers, within the c 
 said respective counties*- 
 
 And also, shall award' process for levying, as- 
 .well of such fines, forfeitures andamerciaments, Further pow- 
 as shall be estreated into the said General court, ers and duties 
 as of the fines, forfeitures and amerciaments, of the Territo- 
 which'shall be lost, taxed andset there, and not Fl a ge8 
 'paid to the -uses to which they are, or shall be, 
 appropriated* and, generally, shall minister ample 
 justice toallpersons, and amp^y exercise the juris- 
 dictions and powers herein mentioned, concern- 
 .ing-all and singular the premises, according to 
 'law. 
 
 A7. All the said writs shall run in the name 
 
 , . . . . 
 
 & style or the United Stales of America, and bear a nd how 
 
 test in the name of the presiding judge: but if 
 he be plaintiff or dclendau't, then, in the name of 
 
C 50] 
 
 one of the. other judges ; and shall be sealed wit) 
 the Judicial seal of the said court, and made re- 
 turnable to the next court after the date of such 
 writs. 
 
 General Court XII. The judges of the general court hav 
 to deliver the power, from time to time, to deliver the jails of al 
 jail* of perfons p er sons.who now are, -or hereafter shall be com 
 
 com mi trd for ' . i i i i 
 
 capital often- uuUedrpr tieasons, murdersa-nusacji other cnmes 
 ;es. as, by /he laws of this Territory, now are, or here- 
 
 after shall be, rmade- capital, or -felonies oi death, 
 as aforesaid : and for thatend/from time to time, 
 *lo issue forth such necessary. precepts and pro- 
 cess, and force obedience thereto, as justices, of 
 assize, justices of Over and Ter miner, and of jail 
 delivery, may, or can do within the.Uni ted States. 
 XII L The c barges a n d ex pe n ces o f t he j u dge s , 
 Travelling ex- a ltorney-gerreral, and clerk of the General-Court, 
 pence of the vvilh their servants, in travelling their circuits, anc 
 S g arneVaTa r d while h W in S the General and Circuit-Courts, 
 cirrk, &c. to shall be paid 4n niiinnerfollovving, thai is to say 
 be paid by .the a ll such expericcs *JS shall happen in their cir* 
 ? ubllc : cults through .anyof the counties, where they shal 
 
 "When by the n ot hold their said court, shall be paid by the 
 ; Territory; and all such expences as shall accrue 
 from the time rol their. coming into, and durinj 
 their continuance fin the county where they shal 
 hold their said.-court, by the U*easurer of the same 
 by county, out..of the county stock. And they the 
 the county. sa jj judges, ^ttort>cy-general, .and clerk, .v\ilh 
 iheir servanls, shall pass and repass,.apd shal 
 To pafs ferries be conveyed.'by the. ferry-men over a-11 the.seve 
 ral ferries /within this Territoi;y, without pay ini 
 any ferriage, fee or reward for the same.. 
 
 XIV. In order to .compel the due attendance 
 n to he f j ur y.njen on the said Circuit and nisi print 
 
 for. non- > J , ,. , i i n- . 
 
 courts, and all other courts within this Territory, 
 
Tn ] 
 
 ills hereby declared, that It any person shall be du- 
 ly summoned to attend any court of judicature, to 
 serve on a jury, or on any inq uest required by law, 
 ami shall neglect or refuse togive hisattenclance, lf j n tlie Gend * 
 on the day, and during the time his service is nc- exccedhig 8 dol 
 cessary; every such person, so offendiiig r shallbe Ura, 
 lined, for every such offence in the General court, 
 and court of Over and Terminer, by the judges 
 thereof, any sum not exceeding eight dollars : Iflo the info 
 and for every such offence, in thecourt of Com. ri c r c ej" n rts ' 01 
 >rnon Pleas, or court of quarter-sessions of the doliVral * * 
 peace for any county of the Territory, by the 
 justices thereof, any sum, not exceeding five 
 dollars : unless such delinquent shall, at the 
 same or next succeeding court, render to the 
 judges or justices thereof, a reasonable excuse 
 for such neglect or refusal, to be allowed by 
 such of them as shall be present; which said judg- 
 es or justices are hereby empowered and requir* 
 
 ied. on failure of such delinquent, to render such D P 
 
 .' i -C "rocefa to com- 
 
 reasonable excuse, to issue a writ to the sheriff pe j payment 
 
 of the county, to levy the said fines on the thereof ; 
 goodsand chattels of every such delinquent ; to Such fines to go 
 be paid to the overseers of the poor of the town- to the poor. 
 sh;;\ where he shall reside, to the use of the poor 
 thereof. 
 
 Xf. A competent number. of persons shall be Juftic*s and 
 .commissioned by the governour, under the seal ^o^ 
 of the Territory, as justices of the Common bjifoc 
 Pleas ; who shall hold and keep a court of Jte- 
 cord, in every county 1 and which shall bestiled 
 and called, the court of Common Pleas &i (nam- 
 ing the particular county) and shall be holden To beheld foof 
 four times in every year, in each county, at the , tirn > 
 place where the General quaricr-scssions of the |" CVCI 7 
 peace shall be respectively kept. Which said * 
 
 H 
 
justices, or any three of them, according to 
 
 m.ke "bench.. lenor anc ' direction of their comrnisMons, shall 
 
 hold pleas of as s size, scire facias, replevins, and 
 Their powers hear and determine all and all manner of pleas, 1 
 
 actions, suits and causes, civil, personal, real 
 
 and mixed, according to law, 
 
 XfL Every of the said ustices shall and ares 
 
 hereby empowered to era u tun tier the seal of iheir: 
 
 Farther powers , r c 
 
 of this court* respective courts, replevins, writs or partition, 
 writs of view, and all other writs arid process^ 
 upon the said pleas and actions, cognizable in the 
 said respective Courts, as occasion may require. 
 XV1I+ The said justices of the said respective* 
 M&.V hibpana. courts, last mentioned, shall and are hereby em- 
 eat at its cuun- powered to issue forth subpoenas,' under theirs 
 *J- respective hands and seal of the court, into ny 
 
 county or place within this Territory, for stun-* 
 moning or bringing any person or persons to 
 give evidence in, 01 upon, the trial of any niatter 
 or cause, whatsoever, depending before th$tn, oq| 
 any of them; under such pains and penalties as, 
 by the rulesTbf the common law, and course oil 
 the practice ^ofithe J3ener-al court, are . usually 
 appointed, 
 
 Xf^Ill. Upon any' judgment obtai^edinany o 
 the said'courts of Common Pleas, and execution 
 EtSSSZF* returned b Y the sheriff^ or cOronor r of the pro 
 [county, in ccr- per county, where such judgment was obtained 
 (tain cafes. that the party is not to be found, or hath no land 
 
 or tenements, goods or chattels, in that county 
 and thereupon it is testified, that the party skulks 
 or lies hid, or hath lands, tenements, goods or 
 chattels in another county, in this Territory ; i 
 shall and may be lawful to and for the court tha 
 issued outrsuch execution, to grant, and they are 
 _ required to grant an, alias execution, 
 
to 
 
 C JO 
 
 wrh a lestalnm, directed to the sheriff, or cord* 
 
 nor^ of the county or place where such person 
 
 lies hid, or where hislands'or effects are; com- 
 
 manding him to execute the same, according to 
 
 [fhe tenor of such vmt or writs, and make return 
 
 [thereof to the court of Common Pleas where 
 
 $uch recovery is had or judgment given. And if 
 
 the sheriff, or coroner, to v\rrom such writ or 
 
 writs shall be diiected, shad reruse or neglect to 
 
 execute and return the same accordingly, he 
 
 shall b6 amerced in the county where he ought to 
 
 return it, and he liable to the action of the par- Penalty on (he. 
 
 |ty grieved .*. and the said amerciameuts shall be rtf r coroner 
 
 buly and duly set, according to the quality oF * le f l * g - 
 
 ' . ; , ill execute iach 
 
 (the ofrence, and estreated, by the prothonota- p ro cef> .- 
 
 fries pf the respective courts of Common Pleas, 
 
 :into the next succeeding General court, or court How lt \ bc 
 
 of Oyer and Terminer, in course ; that thence 
 
 [process may issue against the offenders, for levy- 
 
 ing such fines and ainerciaments as shall be un- 
 
 tpaid, to the uses for which they are, or shall be 
 
 (appropriated. 
 
 XIX. All suits, actions ana cause's before the 
 [General court, or the courts of Common Pleas and 
 general quarter-sessions of the peace, that shall 
 [remain undetermined, shall be continued over the new 
 (to the next respective term, ensuing under the 
 [authority of this la>v. 
 
 THK foregoing is hereby declared to he a Jaw 
 jof the Territory ; to take effect on and from the 
 [fifteenth day ot August, next ensuing; //V TLS- 
 lT/MOi\r thereof, y\e Arthur St. CIn/r, 
 \Jolin Cleves Synnncs and George Turner, have 
 caused the seal of the Territory to be thereunto 
 kfiixud, and signed the same with onr names. 
 
 AR. Sr. CLAIR, 
 JOHN C\ SYMMES, 
 
TCRUJTOHY OF THE UNITED STATES 7 
 NORTH-WEST OF THE OHIO. 
 
 A. LAW for the Llmi^afion o 
 Actions. Adapted from I/to 
 Ptnnsyl'saiiian. code, <?/*</ pub* 
 lisli ed a I Cincinnati, tli e ten th 
 dtiy o Jims, one thousand 
 
 Limitation of 
 ato8?r of tref 
 pafs quire clau- 
 fu.-n 
 
 trover 
 and replevin ; 
 of account (> 
 iher than, &c.) 
 oK debt for 
 rent, of tref. 
 pafs, afliult, 
 nicn-ice, battr 
 ry, wounding 
 and iuiprifon- 
 xuegic. 
 
 A* Sr. CLAIR, by Arthur St. Clair, goiw- 
 
 JoH* C. SY.UUSS, nour, and John Cleves S) mines 
 
 ^_1___^ c.W George Turner, /W^ers, //i 
 
 /;<:/ oi>er ///2 said Territory. 
 
 Sect. I. A LL actions of trespass quareclausuru 
 *:* fregit, detinue, troverand replevin 
 for tahing away goads and cattle; of accountant 
 upon thscase (other than such accounlsas con- 
 cern the- trade of merchandise between merchani 
 and merclKint, their fac.lors or set van ts) all ac- 
 tions ot debt, grounded upon any lending or con 
 tract, vyUhout specialty ; of debt for arrearages o 
 rent, oi trespass, assault, menace, battery, wound 
 ing and imprisonment, or any of them, whicl 
 shall be sued or bi ought at any lime, hereafter 
 shall be commenced and sued within the lime anc 
 limitation bereft ft er expressed, and not after (tha 
 is to say) actions upon the case, other than fo 
 slander, actions for account, and actions for tres 
 pass, debt, detinue, replevin for goods or catile 
 and actions of trespass qua re cLiusiim fiegit, with 
 in three years ; omilhin six) ears, next afier th 
 cause of such actions, or suit, and not afterwards 
 and actions of trespass, of assault, menace, bat' 
 tery, wounding, imprisonment, or any of them, 
 within one year, nextafter the takingeffect heie- 
 of ; or within two yeais, next after the cause of 
 such actions or suit, ami -not afterwards; and ao 
 
upon the case, for words* within one year, 
 next alter the wonlsspokoil, and not afterwards, 
 II. If, in any of llio *a'ul actions or niitftt1u' r - 
 
 men the liven lor the plain tlfl, and the same be re- 1 { j' 
 
 r e . . . .. tarrcmi he rcfi 
 
 veiscd by error; or a verdict pass f nr thft- |>Jai;Uiir, VtH v d f or v P . 
 and, upon mailer alledged'in arrest ofjud^mentjthe ror. piai.inif 
 jn-I'Mncnt bo riven aVmst the plainlifr, that lie "^y^ing frcfli 
 
 i v i ? L vi I It. i f' J t i" ' a 
 
 fa to nothing by Ins plaint, writ or bell; taen,^nci nionl hs. 
 i:i every such ca<o, the- party, plaintiff, his heirs, 
 Jrs or au.mnistraUxrs (as the case may re- 
 may commence a uew action or suit, from 
 lime, within a yeor after such judgment re- 
 versed or given ag-iinst the plaiiiliff, as aforesaid, 
 and hot allei wards. 
 
 Ill* In all actioits of trespass qnare clausum j n a aions of 
 fcc^ir, hereafter to be- brougat, wherein the de" irefpr< 
 ten dan tor defendants shall disclaim^ in his or their c ^ ufum 
 plea, to make any titl>e or claim to the land in ^p Betide " 
 which the trespass is, by the declaration, snppos- tUc land, tic. 
 cd to be done (asid the trespass be by negligence, he ma . y len <i-r 
 or involuntary) the- defendant or defendants shall aincn<is 
 be admitted to plead a- disclaimer, aad that the 
 trespass was by negligence-, or involuntary ;arrd 
 a tender or offer of sufficient anreads for such 
 trespass, before the action brought i whereupon, 
 or upon some of them, the> plaintiff* or plaintiffs 
 shall be enforced to oin issue rand if the said 
 issue be found- for the defendant or defendants* 
 or if th*, pi aim iff or plain tiffs s ha 11 be non^stiired, 
 the plain tiff or plaintiffs shall be clearly barred 
 Irom the said action or actions, and all other 
 Suits concerning the same. 
 
 IV. In all actions upon the case, for slanderous 
 woids, to be sued or prosecuted by any person Where, in a* 
 or persons, in any court, if the jury upon rri* j lot| * foi . llan - 
 al of the issue,, in such action, or tta jury 
 
under 5 dal- fhat shall enquire of the damages, do find or asses* 
 
 larb, plantirt . ^ . r , , , > 
 
 lharrt recover the damages, under five- doliais ; V en the plamti;f 
 
 no more coiU. or piaintilfs, in such action, shall have and ie- 
 
 coveronly so much costs as the damages so gJv- 
 
 en, or assessed, do amount unto, without any 
 
 further increase of the same; any law or usage, 
 
 to the contrary, notwithstanding. 
 
 Pro vifo favour- V. Provided nevertheless, That if any person 
 
 ing minors, fe- or persons, who is or shall be entitled loanv such 
 
 me coverts, un- '. f i .. , . J 
 
 found minds, or -action or trespass, detinue, trover, reple* in , acu- 
 pcrfo.is beyocLd ons ofaceoun t,or debt actions for trespass, for as- 
 feav or impri- S ault, menac-e, battery, wounding or Imprison- 
 ment, or actions upon the rasfe lor words, be, 
 or at the timeofany causeofsuch aciion, given 
 or accrued, fallen or come, shall be, within the 
 age of twenty one years, .feme-covert nou com- 
 pos mentis, irnpiisoned or beyond sea; lhat, then,' 
 such person or persons shall be at liberty to binig 
 the same actions, so as they take die same with- 
 in such rimes as hereby before limited, after their 
 coming to, or bein^ of full age, discovert ure, of 
 sound memory, at large, or ie turning into this 
 Territory .as other persons-. 
 
 THE foregoing is hereby declared to be a law , 
 ,ef the Territory ; to take effect on and froM the j 
 first day of October, next ensuing : h\ TES* } \ 
 TYMO'Vr whereof, we Arthur St. tlair, 
 'John Cleves Symmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the &<une with our names. 
 
 JO -IN C. SY 
 O. TURNUU 
 
C *7 1 
 OF THE UNITED STATES ) 
 
 NOR i H-\v^sr of TH o :io. 3 
 
 A LAW for the relief of persons 
 conscienciously scrupulous to 
 lake an Oaih in the common' 
 form. Adopted fmm i !t e 
 Pennsylvanian code, and pub" 
 lished at. Cincinnati, I he e/c- 
 vetitli day of June, one thou- 
 sand, seven Jituidt ed and nine- 
 M. ST. CLAIR, ly-five; by Arthur St. Clair, 
 Jo INC. SY..IME*, g^ ernout OIL d jolm Cieves 
 
 G. fUKNLR. J r T 
 
 - bymmcs aiid George Turner, 
 
 judges, in and over the said 
 Territory. 
 
 Sect. I. A LL and all manner of crimes, offenc- 
 * es, matters, causes and things, lo be 
 enquired of, heard, tried and detei mined, 01 done 
 or performed, by virtue of any law, or otherwise, 
 shall and may be enquired of, heard tried aud WQW w * tn(r (f es 
 determined* by judges, justices, witnesses and fij-Ju be quali- 
 inquest,, And all other persons, qualifying them- 6ed, 
 selves according to their co-nscieneious "persua- 
 sions, respectively ; those of fche people com- 
 monly called Quakers* by taking Jhe solemn af- 
 firmation ; and those of the persuasions who 
 swear with uplifled hand, 01 bands, by taking 
 an oath in the following words s / A. B. do- 
 swear by Almighty God, the seaither oj all 
 Hearts, that I will (and so forth) The oath for 
 
 tht-fc wboiWar 
 
 And that as I shall an- *'l5 L f 1 " ied 
 
 swer to God, at the Great L)ay. 
 
 Which oath, so taken by persons who consci- 
 eiiciously refuse to take an oalh, iu the comrnqn 
 
CJi'3 
 
 form, shall be deemed and .taken, in law, to 
 
 have the same effect with an oalh taken in the 
 
 common form. 
 
 'Pains am} P e j^ If an y person shall be legally c6nvictecl oj 
 
 Jjalty on, fiich _ -, . c i CT ,.' L L i i 
 
 a fralfcij fwear takinga raise animation or of falsely swearing 
 ^or affirm. under the form heiein particularly, prescribed^ 
 
 he or she, shall incur and suffer tha same pains, 
 penalties, disabilities and forfeitures as persons, 
 convicted of wilful and corrupt perjury, do in- 
 cur and suffer by law. 
 
 1IL Provided always, Thatnothing herein con- 
 tained shall be held, deemed or construed to 
 Provifo,asto enable any such person to receive, lake or ex 
 oaths to govern erc i sea ny o-flice, judicial or ministerial, before he 
 shall take the oath or oaths to the government, 
 accoulingto his conscience, and agreeably to the 
 directions of an act of the United States, en li til- 
 led "an act prescribing the lime and manner ol 
 administering certain oaths," and also the oath 
 of office. 
 
 THE foregoing is hereby declared lobe a law 
 of the Territory ;. to take effect on and from the 
 first day of October, next ensuing : IN TES- 
 TIMONY* whereof, we Arthur St. Clair, 
 John C/eves Symmes and George lurncr, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed. the^sanae with our names. 
 
 AK. ST. CLAIR, 
 JOHNC. >YMMS> 
 G. TURNER. 
 
TERRITORY OF THE UNITED STATES ? 
 NORTH-WEST OF THE OU1O. J 
 
 A LAW for the recovery of Fines 
 and Forfeitures, and directing 
 how the same are to be es^ 
 treated. Adopted from the 
 'Pennsrlvanian code, and pub- 
 lished at Cincinnati, the ele- 
 venth day of June, one thou- 
 sand, seven hundred and nine- 
 AR. ST. CLAIR, ty-five\ by Arthur St. Clair, 
 JOH* c. SYMMES, governout% and l ohn Cleves 
 G. TURNER. . _ -, 
 
 ____ Symmes and George Turner, 
 
 judges, in and over the said 
 Territory* 
 
 Sect. I. A -LL fines, issues, amerciaments for- 
 
 ^^ feited recognizances, sum and Fi-eg, &c. ^- 
 sums of money to be paid in lieu and satisfaction f b< " 
 of them, or any of them, and all other forfeitures, ra | C ow-t to 
 whatsoever, which, after the twenty fifth day ot held in 
 
 August one thousand, seven hundred and nine- * ln g ton ana ria * 
 
 V- i 11 i 11 r r t milton next 
 
 | ty hve, shall be set, imposed, lost or forfeited Ierra 3. 
 
 i in the General or circuit courts, "or in any o ( the 
 ! coiirtsof common pleas-, courts of General quar- 
 ter sessions of the peace, or before any special 
 commissioners ofOyer and Terminer, in any 
 ' county of the Territory, shall, by the ;udges, 
 'justices, pro t ho notaries and- clerks of the said 
 courts, respectively, be certified, and estreated 
 in and into the said General court (vix,) at the 
 term of November next, in the county of Wash- 
 t ington, and of October next, in the county of 
 i Hamilton, expressing the cause of the loss, the 
 court, rhe nature of the writ, and names- of the 
 parties between whom the said issues and amer- 
 ckmeuts are lost. 
 
 I 
 
IT. All fines r issues, amerciam>3nts, forfeit 
 J * recognizances, surn< and sumo of money to be 
 paid in lieu or satisfaction of them, or any of 
 them, and all other forfeitures, whatsoevei, a- 
 rising in any of the said courts, from the said Oc- 
 tober and November terms of the y ear one thou- 
 sand, seven hundred and'iiinety five; shall be, 
 and are hereby orcjained and required to be cer- 
 tified and estreated, in\ and into, thesaid Gene- 
 ral court, vrz. at Cincinnati; oil the fiist day of 
 the teim of the said court, there to be held, 0*1 
 the third Tuesday of March, in every year; and 
 from the said term of March; to the first day of 
 the term of the said court, tote held at Maiietta, 
 on the third Tuesday of- October; yearly and e- 
 very year; on pain thatevery officer or minister 
 of or belonging to the said courts, or a,ny oflhem, 
 who, by 'this or any other law ought to make 
 certificates or estreats of any of the said fines, is- 
 n de sues, amerciaments and forfeitures, making de* 
 fault, or offending therein,, shall forfeit and pay 
 eighty dollars for every such default that shall be 
 made, in certifying and estreating, as aforesaid; 
 the one moiety to the Territory, and the other 
 moiety to such person, orpeisons, as will sue 
 for the same ; to be recovered in any court of re- 
 Cord, by action of debt, bill or information, 
 wherein no essoin, protection or wager of law, 
 arid but one imparlance shall be allowed, 
 
 III.. All the clerks of the peace shall make 
 Duty jerei* of anc j ^ e \[ ver yearly, to the sheriff of the respec- 
 
 cievksofthe . } < , ' , . r ., r . 
 
 p eaoe . live county, where the sessions of -the peace is 
 
 or shall be kept, within ten days, after me twen- 
 ty filth day or August, in every year, a true and 
 perfect estreat, or schedule, of all fines, issues, 
 amerciaments, forfeited recognizances, sum and 
 
[< X 
 
 sums of money, smoother forfeitures, whatsoe 
 
 !ver, which shall happen tobe imposed, set, lost, 
 or forfeited, in any of the said sessions 'of ihe 
 peace, respectively; which shall beheld before 
 the first day^of September, by or upon any per-? 
 son orpersons, whatsoever, due to ihe Territory. 
 
 IV. And also, shall yearly and every year, on, 
 or before the third Tuesday of October, make' 
 and ;deliver into the said General court, or cir- 
 cuit ^burt* (which shall first sk) a true and per*! 
 feet duplicate, certificate and estreat of all the 1 
 schedules so delivered to the said respective she- 
 jiffs 5 that so they may be charged with the mo- 
 ney levied and received by them, respectively^ 
 upon such schedules, delivered as aforesaid -5 on 
 pain that every person and persons, offending 
 herein, for every such default or failure made shall 
 forfeit and pay the sum of eighty dollars; the 
 one moiety to the Territory, and the othei moie- 
 ty to such person or persons as will sue for the 
 same, to be recovered as aforesaid. 
 
 V. The judges of the said General court shall ^Territorial 
 award process for levying, as well of such fines, judges to award 
 forfeitures, issues and amerciamentsas shall be P roccfs for l- 
 f cstreated into the General court, as of all the v * in S e 
 fines, forfeitures, issuesand amerciaments which 
 
 shall belost, taxed and set there, and notpaid^tQ. 
 the uses to which they shall be appropriated. 
 
 VI. No judge, justice, officer or minister oft.. ^ ffi 
 
 or belonging to any of the said courts, nor any -^bftcvcr /hall' 
 prothonolary or clerk of the said general or other fparc. conceal, 
 courts, clerk of the peace, nor any officer or mi- &c.indiaments 
 nister under them,, or any of thorn/ nor other J^'I' cllre * ts > 
 person or persons, whatsoever, shall spare, take 
 off, discharge, or, wittingly or willingly, conceal 
 any* indictment, fine, issue, amgrciatncnt, 
 
felted recognizance, or other forfeiture, whatsoe- 
 ver, exhibited, set, imposed, lost or forleiled r 
 in any of the courts above mentioned, or before 
 any of the judges, justices or commissioners, of 
 or belonging to the same; or any sum or sums 
 ofuionev paid, or to be paid to any officer or of- 
 ficers,, in lieu or satisfaction of any fine or- forfeit- 
 ures; tulles* it be by rule, or order of court, 
 where such indictment, fine, issue, amerciament, 
 forfeited recogni/ance, or other forfeiture, is or 
 shall be exhibited, set, imposed^ lost or forfeited: 
 nor shall an.) of the said judges, justices, oihcers 
 or minisLeis, aforesaid, or any other, wittingly or 
 Kr-mTrVertify will inglv, miscertify orestrealiaorin.ro anyofthe 
 fcte feme; sa id General courts, or circui courts, any A'ne, is- 
 sue, amerciament, foi felted iecogn;zarie, or other 
 hrremue whaisoever, whereby tlie process of the 
 said General court, or circuit court, for the levy- 
 ing thereof, may be made invalid and of none ef- 
 fect : but every such, judge-, justice, officer or mi- 
 Op p*Tn of f oi\, nister,aad all & every other, person and persons, ok 
 fending herein, shall, for every such offence, for- 
 feit and pay treble the value of such fine, issue, 
 amerciament^ forfeited recognizance, sum or 
 sums of money, or Oliver forfeiture, so spared, 
 taken off, discharged, concealed, not certified or 
 es r reated,or miscertified or estreated, as afore- 
 said: the one moiety thereof to the Territory, 
 and the other moiety to such person or persons 
 as will sue for. the same* to. oe recovered as a- 
 ioresaid. 
 
 VIL All cterls andprollionataries of the said 
 court, rleiks> of the peace, ajid crthers r to whom 
 it belongs to- make return ef estieats, inlo ihe 
 Sdid General court, shall deliver in all and ever 
 aucliesti.eat and estieats^ upon their oaths, or 
 
fi fmalions lo be administered by one or moreo 
 rhe jud'jes. or justices i-f llit sainexourt, to the ef- a*ti*rito ef! 
 fee t lo' owing-; that is losay: jo A. /?. dedaie, trea iuto 
 ///#// *se estreats* now by you delivered, are truly court. 
 e/;<7 CL. re/ ullY made up and examined ; and that 
 all fines, issues^ din ere laments, recognizances 
 and forfeitures, which were set, lost, imposed or 
 Jorfeiled, and* in right and due course of Iaw 9 
 ought lo beestrealed in the General court, ot 
 circuit court (as the rase may be) are^ to the best 
 of your knowledge and understanding, he/ein 
 contained; and that in the same estreats, are al- 
 so contained and expressed all FUC/I fines and a- 
 mercianienls as have been paid into the court 
 from which the said estreats are made ; without 
 any wilful or fraudulent discharge, omission, mis- TerrUorial^ 
 nomer or defect, tc lciso< c er.. du^Vs to ef! 
 
 VIII' Any of the judges of the said general or tre7tr*iiVic 
 circuit courts, <ihall view all thesaid estreats, and to parties ag- 
 cause their clerks to enrol them in the said courts ; 
 and shall hear and determine all complaints 
 brought before t ie said courts concerning immo- 
 derate fines, issues or amerciamentc, -estreated, as 
 aioiesciid, and giveiehef to the party grieved, as circuit 
 ihehvv in sue h cases, doth or shall direct. may proceed to 
 
 IX. V\ here an} fine or fines, sum or sums of c mraand P*7- 
 
 , , , rp, mcnt of cftreatf 
 
 money or other forfeitures, due to the Terruory, trom othccrt. 
 
 after the said first day ofSeptember, *hall be paid 
 
 lo any sherellf cleik, or other officer or minister, 
 
 whatsoever, belonging to any court or courts; 
 
 and be, according to the intent" and directions of 
 
 this law, certified and estreated in or in to the aifl 
 
 General court, or circuit court; then, and in such 
 
 case, process or citation shall issue out of such 
 
 court, directed to the sheriff or coroner of the 
 
 proper county (as the cas>e may require) against 
 
such officers-and .other persons, to wnnm 
 fines, sum orsums of money, or other forfeiture 
 is or shallbe.so paid,* for levy ing arid receiving the 
 same; that SD it may appear on' je turn- of such 
 process or citation, when,' to wh6m, and hoyv 
 jEftreatt to' be suc \ l aion ies are received, answered 4 aiad paid, 
 
 paid to the -v AII i j * ' r 
 
 treafurer of the -* All and every the said lines, sums or ,*no- 
 Tcrrhory, (ex- ney,or other forfeitures (except such as may, by 
 ccpt &c.) who l av y 9 be appropriated to other purpose^) which, 
 th* governor; ^ rom henceforth, shall be levied or Deceived', ac- 
 and judges. cording to the 'intent and directions of ..this law, 
 shall be paid by the sheriff (or other pfiieer, or 
 minister, who levied or received the same) to 
 such person a-s the governour shall, from time to 
 linie, appoint treasurer .of the Territory : N \vho 
 shall pay the same to the uses to which tney are, 
 or shall oe, appropriated : and* the said treasur- 
 er shall, from time to time, lay an account there* 
 of before the governour and judges in their legis- 
 Perfoni ap- lative capacity, at their next session; and shall 
 pointed to iflue deduct five per centum, for his trouble in paying 
 licenies, to ccr- a d rece ivin the same, 
 
 tify thofe they vr ,* , 
 
 iflue to the A! ifhe person, or persons, \vhoareor may 
 
 trcafurcr. be.empowered to issue liccnses,'/or keeping publi^ 
 J Jioqse.s.and selling wine, and other liquors, in^i- 
 ny town or place of the Territory, shall 'keep a 
 true and just account of all the said licenses, ex- 
 pressing the time when the person's names to 
 cm ne- whom the same were granted, and where they 
 live: and shall certify the same to the said trea- 
 ' surer, once, in every half year, yearly and eve- 
 jry year; upon pain of forfeiting and paying the 
 sum of fifty dollars, for every such default, or neg- 
 lect, in that behalf; the one moiety thereof to 
 the Territory, and the other moiety to hir? pr 
 
that will sufe for the saine; to be recovered 
 as aforesaid. 
 
 THE fofegoing is hereby declared to be a law,- 
 of the Territory ; to take effect accoidingly : /jV 
 TfLSTlMUhf whereof, we Arthur Sf. Clair 
 John Cleses Symmes and George Turner, havfc 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same wilhour names. 
 
 AR. ^ Tj 
 
 JOHN C. SYMtffiS 
 G. TURNER. 
 
 TERRITORY OF THE UNITED STATES > 
 NORTH-WEST OF THE OHIO.- f 
 
 A LAW ascertaining and regu- 
 lating the Fees or the several 
 Officers and persons therein 
 named. Adopted from the 
 Sie\i-York and Penny Iranian 
 __ codes \ and published at Cmcin- 
 
 AR. s T ; CL A t R,- na li , th e sixteenth day ofJiui e, 
 JOHNC. SYMMBS/ one thousand, seven hundred 
 - TuRNSa ' - an d ninety-five; by Arthur St, 
 Clair, governour,* and' John 
 Gleves Symmes and George 
 Turner, judges, in and aver 
 the said Territory. 
 
 Sect, I. TVT O officer or person shall* at any time, 
 ^ exact or demand, for .services 
 Hereafter to be rendered, any larger, or other lee 
 than as hereinafter is provided, other than such 
 as may, by any future law, be allowed, viz. 
 1L Itu'uedetieral coutt\ judges Jees\ for allow- 
 
Judges' fees in "?6 a Wr *t ^ error < s * xt Y tvvo an ^ a half 
 
 the General for every supersedea-s, thirty seven and a half 
 court. cents, taking bail, thirty seven arid a half cents: 
 
 filing every ^bail-piece, or recognizan.ee, twelve 
 and a half cents: signing every writ of habeas, 
 corpus, procedendo, certiorari or prohibition, 
 thirty seven and a .half cents: confession of a 
 judgment, out of court, thirty seven and a half 
 cents: takingan affidavit, twelve and a half cents;! 
 admitting a consellor at law oran attorney, one 
 dollar and twenty five cents ; to be paid to the 
 judge or judges, present at the admission', the 
 judge licensing a counsellor at law, or an attor* 
 ney, three dollars and seventy Jive cents: fax-' 
 in* a bill of. costs, seventy five cents : signing 
 judgment, twenty five cents: in every cause, to 
 be paid on the firstmotion, unless criminal, sixty 
 two and a half cents; to be divided among the 
 judges : attending on ballatting or striking a ju-j 
 ry, or both, sixty two and a. half cents: every at-; 
 tendance, on motion or argument, or special mat- 
 ier, at his chambers, and on examining a witness, 
 sixty two and a half cervts : every certificate, or 
 order, upon a law for relief of insolvent debtors, 
 thirty seven and a half cents: every warrant, or- 
 der, report or certificate upon the law relative to 
 absconding lebtors, thirty seven and a half cents if] 
 every appointment of trustees, thirty seven and 
 a half cen ts ; taking the acknowledgment of a 
 deed, fifty.cents : every justification or allowance 
 of bail, thirty seven and a half cents. 
 
 ^* ^ ie af ^ orne y"g erier al t ^ fees in the Gene- 
 ral court. Entering every cessat processus or 
 nolo prosequi, for each de/endant, sixty two 
 and a half cents : 'every process or indictment, 
 or olher common wit,, per sheet, eighteen cents; 
 
C 67 ] > 
 
 drawing every indictment or information gene- 
 Iral, seventy five cents: copying and engrossing 
 fthe same, fifty cents: drawingall special indict- 
 Inients and pleadings, per sheet, seventy two 
 fwords to a sheet, eighteen cents: a copy thereof 
 jper sheet, as aforesaid, ten cents: every .motion 
 I in court, sixty two and a halfcenls: fee on trial, 
 I demurrer, special verdict, or in error, or in pleas 
 [confessed, tnree dollars: every warrant, to ac- 
 fknowtedge satisfaction on record, seventy five 
 [cents: for the trialofevery capital cause where 
 [life is concerned, eight dollars : for the whole pro- 
 secution, except drawing the indictment or in- 
 formation, for the trialofevery other matter by 
 bill of indictment or information, five dollars: 
 and if the defendant shall, by habeas corpus, cer- 
 fciorari, or otherwise, remove any indictment or 
 [information from any court of General quarter* 
 I sessions before the judges of the General court, 
 I the attorney general shall, for his services in draw- 
 ing the indictment and prosecuting the same, 
 have the sum of eight dollars : on all other pro- 
 ceedings, the like fees as are, hereinafter, allov/ed 
 for the like services to practitioners in the General 
 court. 
 
 IIL Counsellors' *r allornies* feesin the General Counfel and at-1 
 court. For retaining fee, tliree dollars and fifty orn ' es ' fce * ia 
 cents; but, where several suits are brought upon 
 one bond, or note, no more than CRC retaining fee 
 srvall be allowed: warrant of at'oniey, twenty 
 eight cents : drawing all processes and returns, 
 Iwelve and a~half cents : every term fee, seventy 
 five cents : bnt, no more than three to be allow- 
 ed, unless the parry caused that term's delay, for 
 which il is charged : drawing bonds to prosecute, 
 affidavits, pleading*, Adjournment*, suggestions, 
 
 K 
 
68] 
 
 and other necessary en tries, each sheet of seven- 
 ty two words, eighteen cenls :';copies on paper* 
 six rents, per sheet: every motion, sixly two 
 and a half cents > arguing every special motion, 
 one dollar and twenty live cents : fee on trial, or 
 inquest in error, one dollar and fifty cents : serj 
 vice of a declaration in ejectment, the same as ser- 
 vice of process by sheriff", fee for arguing of de-j 
 jnurrer, or special verdict', stieh sum as shall be j 
 allowed in the discretion, of. the judge who shall 
 laxcosts: a brief and copy, or copies thereof, one 
 .dollar and twelve cents: drawing up the judg- 
 ment, seventy five cents: every continuance, 
 eighteen cents: drawing- a nolo prosequi, or re-j 
 Iraxit, thirty seven and a half cents : entry thereof, 
 eighteen cents: every notice and copy, thirty 
 cents : attendance on ballotting or strikinga juH 
 ry, or both^.sixty twoand a half cenls: oh exa- 
 mining a witness, fifty cents : on taxing a bill, 
 twenty five cents: on giving or excepting to bail, 
 twenty five cents : attending-a.judge,* on other 
 ordinary servicej twenty five cents : service of no- 
 lice, every notice or rule; eighteen cents : 'service 
 of copy of the declaration and. rule to plead, eigh- 
 teen cents: copy bill of costs to be taxed, deli- 
 vered to the opposite party, thirty seven and a half 
 cenls, if before issue joined. or judgement; but if 
 afterwards, seventy fivecentsv 
 
 IV The clerk- of the GeneraUourt's'/ee-s in ci- 
 vil causes: For sealinga wiit^ enlering the same, 
 
 CODS 
 
 fees, in civil filing ticket and entering on the' docket, twenty 
 caofcs. e\g\it ccn t s! filinga declaration, twelveanda half 
 
 cents: enlering an appearance, twelve and a half 
 cents filing all oilier pleadings, each, twelve and 
 a half cents: entering every rule, eighteen cenls: 
 swearing and cingannelinga jury, twenty eight 
 
cents: the return of a writ and filing the same, 
 twelve and a half cents; swearing each witness, 
 six cents: swearing a constable, six cents : read- 
 ing each writing, ^on'evidence, twelve and a half 
 cents: filing the roll, twelve and a half cents: 
 taking the jury's verdict, and entering the same 
 in the minutes, eighteen cents;- special verdict, 
 drawing or engrossing, twelve and a half cents, 
 per sheet: entering judgment, twenty eight 
 cents; a retraxit or discontinuance, twelve and a 
 half cents-:- copies of records, or the pleadings, 
 per sheet, each sheet containing seventy two 
 words, twelve and a half cents: al tending and 
 striking a special jury, and delivering a copy 
 thereof to each party, seventy five cents: filing 
 an affidavit, or other paper on request, ninecents: 
 entering satisfaction on record, eighteen cents 14 
 searching the records within a year, eighteen 
 cents ; and for every year back, sixcents- 
 
 V.. In criminal causes ^ where the services are 
 done at the request of the defendant; or where 
 he enters a nolo contendere ; or, on voluntary 
 composition, has his fine mitigated; or where 
 the service is for the case and ad -/an tage of the de- 
 fendant, or prisoner; or by order ot the court ij 
 for every appearance, twelve and a half cents: 
 the discharge oftfnyperson upon bail, twelve and 
 a half cents : every imparlance to an indictment, 
 twelve and a half cents : drawing process against 
 any person upon an information or other pro- 
 cess, forty fourscents: the plea to an indictment 
 or information, six cents: reading the indict- 
 ment, information or record, six cents: swear- 
 ing every witness, on trial, six cents: engrossing 
 Judgment on information, eighteen cent 5 1 res- 
 piting every recognizance, nine cents: raking a 
 recognizance, fiity six cents, and entering there- 
 
of: copies of all indictments, informations and 
 pleadings, per sheet, each sheet seventy two 
 words, twelve and a half cents: relinquishing, 
 a plea, twelve and a half cents: a submission, 
 twelve -and a half- cents: judgment thereon, 
 twelve and a half cents : a copy of the traverse, 
 twelve and a half cents : every subpoenafor four 
 witnesses, or under, twenty eight cents: every 
 witness more, six cents; every order or rule of 
 court, eighteen cents ; a copy of a rule of court, 
 twelve and a half cents: taking and copying eve- 
 ry special verdict, per sheet, each sheet' contain- 
 ing seventy two words, eighteen cents: for the 
 allowance and recording a warrant of nolo pro- 
 sequi, or cessat process us, fifty cents, 
 
 Clerk of the * Fees for the clerkof the circuit courts. For 
 circuit court's entering in the judge's book, every cause to be 
 fees, in civil tried, thirty seven and a halfcents: filing every ni- 
 caufe*. s j p r j us record, thirty seven and a halfcents: en- 
 
 tering every rule, eighteen cents : swearing, and 
 empannehnga jury, twenty eight cents; enter- 
 ing confession of lease, entry and ouster, eighteen 
 ceri ts : swearing each witness and swearing a con- 
 stable, each, six cents: reading eyerydeed or 
 piece of written evidence, tw el ve and a half Cents: 
 filing a bill of exceptions, or demurrer, each, 
 twelve and a half cents: copies thereof, nine 
 cents per sheet; calling plaintiff and entering his 
 default or appearance, twelve and a half cents: 
 taking a verdict and entering it 1 in minutes' 
 twenty eight cents : returning every pbs tea, se- 
 venty five cents: entering every nonsuit, eigh- 
 teen cents; entering default cf juror, and dis- 
 charge of others, eighteen cents. 
 
 HI fees in cri- WI In criminal causes; the same fees as are 
 nr.nai caufcs. before allowed to I lie clerk of the General couxt, 
 
C 7i T 
 
 and under the same restrictions : and if he .pro 
 secute for the United States, the like fees as are 
 before allowed to the attorney general. 
 
 court. 
 
 The sheriffs' fees in the General court: Sheriff** feei la 
 serving a writ, fifty six cents ; every mile, six r 
 cents, to be computed from the place of holding 
 the court : bail- bond, thirty seven and a half 
 cents: returning a Writ, twelve and a half cents : 
 summoning a jury, one dollar and twenty five 
 cents : serving an execution for or under three 
 hundred dollars, per each three dollars, six 
 cents; and for every three dollars more, three 
 cents: the allowance to the sheriff on fieri fa- 
 cias, or other writs for levying, monies, to be 
 taken only on the sum levied (that where any 
 sheriff shall levy or receive any debt or damages 
 and costs, actually previous to, or without, an 
 actual sale of the lands, goods or chattels seized 
 or. taken, he shall be entitled to no more than 
 one half of the allowance, on each three dollars 
 mentioned in this law, in, all cases where such 
 debt or damages and costs shall exceed the sum 
 of- three , hundred dollars) ; serving a writ 
 of possession, without the aid of the pos- 
 se cbinitalus* one dollar and twenty five 
 cents; with the aid of the poss<2 comilatus, 
 three dollars and seventy five cents: ev^ry 
 mile from: the court-house, six cents: forsum- 
 moninga grand jury, three dollars : executing a 
 criminal, seven dollars and fifty cents : making 
 a list of freeholders to strike a jury, three dollars 
 and seventy five cental ^serving a sciie facias, 
 and return, sixty eight cents : every person 
 committed to prison, thirty seven and* a ^ half 
 cents; the discharge of every person out of pri- 
 son, being committed, thirty seven aii'd a hal 
 
[72] 
 
 cents : bringing up a prisoner by naoeas corpirs, 
 in civil cases, one dollar rnd iifty cents :] 
 every mile from the place of taking him, six 
 cents: executing a \vrit of enquiry, and re- 
 tsirning, one dollar and fifty cents: attend-' 
 ing a view in the same county, per day, 0113 
 dollar and eighty seven and a half cents: the 
 like in a foreign county, one dollar and seventy- 
 five cents, per day r attending with a prisoner 
 before a judge, on his being surrendered by his 
 bail, ajid for receiving the prisoner into custody, 
 or. e dollar : for summoning a jury, on forcible 
 entry and detainer, tluee dollars and seventy 
 live cents: serving a. writ of restitution, besides 
 a milage fee of six cents, per mile, one dollar 
 and eighty seven and a half cents : copy -of every 
 writ, eighteen cents: serving warrant of at- 
 tachment, taking into custody, &c. so much as 
 the judge who issued the warrant &hall cer- 
 tify, 
 
 fees in ^- The Cryers fees in the General court. 
 -General co*rt. For calling every action, nine cents; calling 
 a- jury, twelve and a half cents ; swearing la wit : 
 ness, six cents; calling every verdict, nine cents: 
 dischaiging every person, by proclamation, 
 nine cents : calling the plaintiff, on nonsuit, nine 
 cents '-calling a defendant, on recognizance, nine 
 rents calling a default nine cents : ringing the 
 bell, each action hi com t, twelve and a half cents,! 
 
 X. Jury fees In- the General court. Every ju- 
 Juror s tfes in / J \ ,. i i i 
 
 court. ryman, for each action on which he is sworn 
 
 as a juror, twenty five cents., every juror coin- 
 ing to and attending a view, and reluming, per 
 day, seventy five rents-, every juror atlending 
 court from a foreign county, coming and return* 
 ing, per day, fifty six cents, 
 
t 733 
 
 The fees to be allowed Jor witnesses sum p fcs w itnef- 
 moncdin I lie severel courts , and charges foi sum' f e , i n th feve- 
 moning them. Each witness attending in his ral tourts, anH 
 oWn county, on trial, twenty live cents, per ^JummoniDg 
 day : attending ftom a foreign county, and coin- 
 ing and returning, per day, fifty six cents r 
 eath witness subposna'd in the county, and de- 
 tained from a foreign county, per day, fifty six , 
 cents: serving subpoena on each witness, 
 twelve and a half cents : to a witness on a du- 
 ces tecurn, coining from a foreign county, at- 
 lending, and returning per clay, fifty six cents :/. 
 except for the judge of probate or clerk of a court, 
 attending in a foreign county, with wills, records, 
 or other paper evidence* on subpoena, one 
 dollar and sixty six cents, per day.. 
 
 XII. Surveyors' fees* For going to and retuin- s ur vevor's fee* 
 ing from a view, per day, one dollar and 
 twenty five cents, thirty miles per. day: his 
 actual service, per day, on the view, one dollar 
 and fifty cents :. for going to, attending the 
 court, on trial, and returning, per day, one dol- 
 lar and twenty fiye cents, 
 
 XIII,, The justices' fees in the court of com- 
 
 . <n M --V . - : * j / J > 
 
 monpleas. rorall actionsin thecourtof common their icc. 
 pleas, thirty seven and a half c^nts : signingeve- 
 ry judgment of. court, twelve and a half cents : 
 
 I taking bail, twenty five cents i acknowledging 
 satisfaction, on record, nine ceaxs; taxing and 
 signing a hill of costs, t wen ty fiv.t cents ; proof 
 or acknowledgment of a deed before the judges 
 of the coin t of common plea?, ihiny seven and 
 
 la half Cen h ; for admitting and licensing an at- 
 torney, \iM (he fees in f.ucii cases allowed io the- 
 judges ot the (J en eral court 
 
C 74 j 
 
 XI F. Fees of justices of the peace, in or out 
 of sessions* For every warrant in criminal cases, 
 eighteen cents : on every trial of forcible en try or 
 detainer, two dollars and fifty cents : every pre- 
 cept in forcible entry or detainer, thirty seven 
 and & half cents ; every bond, or recognizance 
 twenty five cents: administering an oath, twelve 
 and a half cents: every certificate, -or order up- 
 on att for relief .of insolvent debtors, thirty seven 
 and a half cents.: every warrant, order, report, 
 or certificate, upon an absconding act, thirty se- 
 ven and a half cents : every appointment of trus- 
 tees, thirty seven and a half cents., . 
 
 Atlornies' fees in the court of common pleas. 
 Attomies* fees Warrant of attorney, twelve and a half cents: 
 
 in common r 
 
 lcas every necessary motion, twenty rive ceiUs : draw- 
 
 ing every declaration and all other pleadings, per 
 sheet, each sheet containing seventy two words, 
 at twelve and a half cents : every copy thereof, 
 six cents, per sheet: drawing every notice of 
 trial, copy and serving, twenty eightcents : co- 
 py for the judge, and serving, fifteen cents v 
 brief for trial and copy, seventy five cents rat- 
 tending a judge, on taxing costs, or other ne 
 cessary business, twenty five cents. 
 
 XP. Fees for the clerk of the sessions. For 
 CVrk of ief. taking a recognizance, and drawing it up in form, 
 fiuns, bis Tees, thirty seven and a half cents; to be paid to the 
 clerk, or oilier person who does .the service : 
 drawing every indictment, and engrossing ih.e 
 same, fifty six cents : receiving, filing and 
 reading the same, eighteen cenls: subpoena for 
 each witness, six cents : a venire, or other writ, 
 eighteen cents : entering defendant's appear 
 "ance, nine cenls : an execution, tweuly live 
 cents; innLing up the record, twelve and a 
 
TiaH cents, perslieet : copy thereof, six cenfe, 
 per sheet, at seventy two words : every order on 
 rule of court, nine cents: entering aoolo 
 prosequi, or cessat processus, eighteen, cents : & 
 venire for a jury to enquire of riots, forcible en- 
 tries, detaineis/&c. twenty five cents ; drawing 
 and engrossing inquisition, and returning the 
 same, six cents: filing record, twelve and a half 
 cents; entering the panel and swearing the ji>- 
 ry, twenty five cents: swearing witness and 
 constable, each, six cents: reading each evidence 
 or petition in court, six cents : uking and en- 
 tering verdict, twelve and a half cents : enter- 
 ing judgment, and the line, fifteen cents: ca- 
 tering defendant's confession, fifteen cents: co- 
 pies of indictments and pleadings, if required, 
 each sheet of seventy two words, six cents: re- 
 ceiving, reading and filing every order, brought 
 to be allowed at the court of sessions, and en- 
 tering the confirmation and recording the same,, 
 as in other cases, per sheet of seventy two words, 
 twelve and a halt cents. 
 
 XV L Fees of the Pro tho notaries of the 
 court of common pleas. For every writ of ca- fees i tt common 
 pias, entering action., and seal, twenty eight P leas - 
 ' cents : a bond given by the plaintiff, when he 
 is not a freeholder, thirty seven and a half cents : 
 Ming declaration, six cents : copy of a declara- 
 J lion or oilier pleadings, if required, per sheet, 
 each sheet containing seventy two words, six 
 cents: a discontinuance, orretraxit^ twelve and 
 a half cents: altering the dcclararion, in eject- 
 , inent, and admitting a defendant, fifteen cenrls 5 . 
 entering every motion and rule thereon, twelve 
 and a half ccats: copy of every rule, when re- 
 quired, twelve and a half cents; bringing a par- 
 
[76] 
 
 ticukr record' in to court, twenty five cents: 
 ceiving and entering verdict, twelve and & .halfi 
 cents: en taring a.satisfoc tier*, oa record, twenty- 
 five cents- : entering-.^ judgment,, fifteen cents n 
 reading and entering..allowa.n<:e 'oi every habeas* 
 corpus, writ. of error or cartiorarr, ana the re- 
 turn^ twenty five cents : an execution, twenty 
 eight cents: transmit ofahe. record in, error, and 
 returning it with the writ, every sheet o seventy' 
 two words, Six cents-: every wrib of enquiry,. 
 six cents per sheet: entering defendan fs appear- 
 ance,, six cents >r drawing and filing : special bail in. 
 or out of court, eighteen cents :'fding every plea,. 
 replication,, rejoinder OB other, pleading, six. 
 cents : a venire, twenty, eight eents :. receiving 
 and entering, the- panel,? and. swearing: the jury, 
 eighteen cenis- : a^. habeas corpora -juratorum, 
 twenty eight cents :. subpoena for each, witness, 
 six cents ' Veading every evidence in court, six 
 cents; swearing each witness, six. cents \ swear- 
 ing. constable,- -six^cenls: making up and enter- 
 ing a recoid of- a judgment* twelve and a ha|f 
 cents ; per sheet r engrossing,. six cents : copy of 
 a-recordofa judgment* when required j six cents, 
 per sheet of seventy two-words: searching the 
 reoordswi thin one year, twelve^ and a half cents.:; 
 and every year, back, .six cents : copies ofTecoids, 
 per sheet of seventy.two words-, each* six cents. 
 XWl. The Sheriffs fees -in the- courts of com- 
 eomnion'pi'ftas ', mon<pleas. Koi: serving. a writ',. and taking into 
 bis fee.*m civil custody, thirty seven aiid-a-hal K cents : every 
 mile as fixed. by. law, six cents per mile: every 
 bail bond, thirty seven and a half cents: return- 
 ing a writ, .nine cents: summoning a jury, se- 
 venty fi vie cents: attending on view, per day, 
 doHar : going aud,.re-Uiniiris, one doPar* 
 
per day : serving and returning scire facias, 
 thirty seven 2nd a half cents : serving an execu- 
 tion for every three dollars, under three hundred 
 dollars, six -cents: and for every three dollais 
 more, three cents: serving a writ of possession, 
 with the aid of the posse cotnitatus, -two dol- 
 lars and fifty cents ; every mile from the place of 
 holding the court, six cents .'serving such a 
 writ, without the aid of the posse comitatus, 
 one dollar and twenty five cents : every person 
 committed- to the common prison, thirty seven 
 and a half cents: the discharge, of every person 
 out of the common prison, thirty seven and a 
 half cents: executing a writ of enquiry, and 
 drawing inquisition, and returning the same 
 with the writ, one dollar and 'fifty cents : serv- 
 ing summons, twelve and a half cents, for at- 
 tending with a prisoner before a judge, on his 
 being surrendered by his bail, and for receiving 
 the prisoner into custody, fifty cents :'.in crimi- Hii/ees'in cri 
 nal matters, the like fees in tne respective -courts ""^"fes. 
 as for the Tike services in civil 1 cases, to be allow- 
 ed only where the defendant enters a*nolo con- 
 tendere, or,' on voluntary composition, 'hath his 
 fine mitigated, or where 'the -services are dorre 
 at the request of, or for the case or advantage of the 
 defendant or prisoner, or by order of the court. 
 
 fPJIl* . , Cryers' Jees in the courts of sessions 
 and common pleas* For calling a jury in each Cry**'* f in 
 cause, twelve arid a half cents : calling and swear- JJU^Sm*"*' 
 ing every witness, sixcerlt&: calling every verdict, Je-ffious. 
 ninecents: calling everyaction, 'nine cents: ling- 
 ing the bell for everyaction , nine cents: discharg- 
 ing every person, by proclamation, ninecents. 
 
 XIX. Jury's fees in the courts of sessions . , g fceg . 
 and cemmon pleas. Every jui\maa, sworn in fanjc courts. 
 
U 73 3 
 
 each action, twenty five cents : every juror at- 
 tending a view, per day, fifty cents* 
 
 XX. Coroners' fees*. For the view of each 
 
 Coroners* fees, body, threcdollars : each juryman that sits on 
 the body, twelve and a half cents; lor witnes- 
 ses, the same allowance as in the General court: 
 serving writs, in all cases, the same ae ic herein 
 before allowed to"the sheriff, for th e like service :* 
 the fees of coroner's inquest shall be certified 
 by the coroner, and paid by the treasurer of the 
 county. 
 
 X X /, Fees of th e pro I ate office. For a d rr> i n i- 
 
 Frobate office sler ; ng an oat h, eighteen cents : for all copies f^r 
 each folio eonsistingof cue hundred and I wend 
 eight words, eighteen cents; for seal, seventy fv$ 
 cents: for filing, eighteen cents: fora citation, 
 exclusive of seal, fifty cents r for a letter of admi 
 lustration > two dollars and! fifty cents : taking 
 and filing a renunciation, and taking proof of re- 
 nunciation (and which proof the judge of pro- 
 Kate is hereby authorized and required to take) 
 fifty cents* where a will, or administration, is 
 contested, for hearing and determining, two 
 dollars : for proving a will, endcr^n** certificate 
 thereon, recording the same, and filing it, two] 
 dollars and fifty cents : for qualifying adminis- 
 trator taking bond, and "writing certificate, one 
 dollar and fifty cents: loracitaL'on, when issued, 
 fifty cents : for filhig caveat, eighteen cents :j 
 for proving a codicil, improved separately, en- 
 dorsing certificate, recording the same and filing 
 it, one dollar and fifty cents: for examining and 
 proving an inventory or account, one dollar: 
 for granting administration, *with the will annex- 
 ed, two dollars and fifty cents: for a .search. 
 
 eighteen cents, 
 
C 79] 
 
 'XXII. Recorders' fees. For recording morr- Recor( [ eri . 
 gnges, sixteen cents, per sheet of one hundred 
 \vords; and the like fees for recording all other 
 cleeds and instruments in writing: for copies of 
 all records anddeeds twelve ceuts and a half, per. 
 slieet. 
 
 XXUL To the person keeping the seal. For Kc e r r O f rt0 
 making out and affixing the seal to the cominis- feal, his ice*, 
 sion or appointments of the attorney-general, 
 ihe treasuier of the Territory, the sheriffs, prolho- 
 notaries and recorders, three dollars ; tor each and 
 svery such commission, or appointment, one third 
 part thereof to be to tbegovernour's use: forth 
 commission of ajustice ofthe common pleas one 
 dollar: for every justice of the peace, named in 
 a commission, fifty cents (one third whereof to 
 ihe governour's use) and lor affixing the seal to 
 any other instrument in writing, except original 
 laws and military commission*, seventy five cents, 
 to his own. use, 
 
 XXI 'V. To the secretary. Forcopiesor exem- c 
 
 .. r , . - / , , - secretary s 
 
 plihcations or records, twelve cents, per sheet or f ee8ft 
 one hundred words.. 
 
 XXV This law shall be cons trued "to extend 
 id all suits or actions already commenced and This Taw & F . 
 depending in any courts of record, -in this Terri- P nes to fD i r 
 tory,and wherein the bills of costs are not al- dc P eidi 
 ready taxed.' 
 
 XXfL The judges and justices of their res, . f 
 
 i i9 n 11 i .11 No otner Fec 
 
 peclive courts, shall allow all bills of costs, a- to be t- ^ en . 
 rising within their courts, according to ihe table 
 of fees, herein established, and not otherwise. 
 
 XXylL All and cveiy person and persons shall 
 be allowed to carry on, defend and try his, her 
 and their suit, or ac tion, iu any court of record, in p> 
 where c 
 
C 80] 
 
 Coam toiiio^ xxr *H- For any services actually per formal 
 t:otnpenf*iion and not enumerated in this law, the judges nnd 
 for fen kes ^ justices, respectively sh all certify, or lax somuc^ 
 ML ere none. jp or s uch services, as the same are really worth, 
 
 and no more, 
 
 Coanfeliors fc XXJX. jsj o counsellor, nor attornev.at law, 
 attorn ie, how shall be admitted to make any plea at t-ne bar ol 
 ptald!* 410 anv coart (except in his own case} without tak- 
 ing the following oath,' or affirmation, in open 
 court; nor -until he shall Jiave been examined, 
 touching his legal abilities, by a judge of the Ge- 
 neral court, -and obtained from him a .certificate, 
 ^ at tne P ar ty examined hath sufficient legal abi- 
 lities, and had produced one or mope certificates, 
 in writing, to prove the goodness of. liis. moral 
 character: 
 
 You f hail behave yourself in the bf free of coitn- 
 Oatl1 sellorat law (or attorney, as the case may be) w/VA- 
 
 in this court, according to the best of your learn" 
 ing, and with all good fidelity, as well to the court, 
 as to the client. You shall use no falsehood, 
 nor delay any persons cause for lucre or malice: 
 
 (So help you Go^ 
 
 THE' foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the 
 first day > of October, -next ensuing : 1NTES- 
 TIMONY -whereof, "we Arthur St. Clair, 
 John Cleves Symmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST. CLAIR, 
 JOHN C. <YMMES, 
 G. TURNER. 
 
A LAW for establishing Or- 
 phans* courts... Adopted from - 
 ike Pennsy Iranian code, and' 
 published a Cincinnati, the' 
 sixteenth day of.J'une^one lhou<- 
 $and\ seven Hand ted and 'nine*- 
 ty-five' by Arthur St;. Clair^ 
 governoiu* and- Jolin Cleves. 
 A*. ST. CLAIR,. Symmes and George Turner,, 
 
 ) lld g%> ia and 
 Terntory. 
 
 Sect* L 'TUIE justices- of the cmirt of General" . , 
 
 quarter-sessions of the peace, in e-. ^buac/. 
 very county, or so many of them, as are or shall 
 tc, from time to time, enableds to hold those 
 courts, shall have full power, and a re hereby- em 
 powered, in die- same week that they are or shall Jaftices of the: 
 be, by law, directed to hold the same courts (or P eat:e to hald: 
 at such 'other times as they shall see occasion)^ l 
 hold and 'keep a -court of rccord r i;i each c4 the 
 said counties i which shall be stiled, The Orphans' 
 court ; and ta award process^ aad cause - to come T^JIJ. powei . s 
 before them, alland every sueh person- and per- and d.uies o. 
 sons who, as gua-rdians, trustees, 1 tutors, exe- vcr / guardians, 
 cutors, administrators, ror-otherwise^ -are or shall <ttees, tutors* 
 
 , . . . executors ad- 
 
 be intrusted wiln,.or. anywise -accountable for, m iniftrators&c.. 
 
 any larfdsj tenements,, gopcb, chattels or- estates 
 
 belonging, or- which-shaii beloiTgj to-auy orphan 
 
 or person-under age ; and cause them, to make and 
 
 exhibit, within a reasonable time* true aad per* 
 
 feet inventories aad accounts of the said estates : 
 
 and lo cause and oblige theJudge of probate, or 
 
 such person orpersoiis as> (or the time being, A ffo over- tTi'Pj 
 
 shall aa?e the po^ver cf probates of wills, and judfe of pr/ 
 
 granting lelters ofdJrninistration, in this ternto- balc -c. - 
 
 ry, ur 4 iieir deputies, upon apjplicatiou made in 
 
that behalf, to bring or transmit into the said Or- 
 phans' court, true copies or duplicates of all such 
 bonds; inventories, accounts, actings and proceed- 
 ings, whatsoever, now or hereafter remaining or 
 being in the respective offices, or elsewhere with 
 iti the limits of their authority, as do orshal 
 concern or relate to the said .estates, or any o 
 May order pay. them : and to order the payinen,#of such reasona- 
 wear of cbajg [^ fc es f QJ . t j ie sa ^ CO pi eS) an( | f or a }[ other charg- 
 
 ecuYion^t^h^s es ' trouble -and attendance, which any -officer or 
 law, according other person 'shall necessarily 'be put upon, in 
 to ditcrcti^n. t j ie execution of this law, as they shall think c 
 quitable a.nd just. And if, upon hearing or exa- 
 mination thereof, it appears to the justices of ihc 
 OScers milbs- sa jj court that any of the said officers ha\e mis 
 
 having as to , , , , , ' .. r 
 
 minors, &c. behaved tiieinselves, to the prejudice or any miuor, 
 how 'accounta- or others concerned for them, as aforesaid, thd 
 Wc * said justices are hereby required to cerlily the 
 
 same, accordingly; which i>hall be good evi- ( 
 deuce, for the -party grieved, to recover his da- 
 iiiages at common law. 
 
 II. And where any letters of administration 
 * .?, rs f. a " shall be granted, and no bend with sureties civen. 
 
 luiniit rat ioi>, o f o ' 
 
 gran-cd \vitVi as-thclawni tha t case requires, such letters of ad- 
 
 uutfurety> to niinistration shall be, and are hereby declared lo 
 
 be void 5 be void and of no'ne effect rand the officer or person 
 
 that grants the same, and his sureties, shall be, ip- 
 
 Y so facto, liable to pay all such damages as. shall 
 
 The officer To 1 ; L ' 
 
 trraoting ihcm, accruclo any person or persons, uy occasion oc 
 
 TO be liable to granting such administration: And thcparlylo 
 any damages n- -whoj^ [| 1C same slial'l bc,so ziaiired, may he : suedj 
 ' as. executor in his own wrong ; and shall be so- 
 And the party taken and deemed, in any MI it lo be brought 
 tHe^ 11 deemed a g a ^ nst n ^ m foror by reason of his said admini- 
 cxecuVor in his stration; or, if upon such examination it appears] 
 own wrong. fazi an y o f fac uiid ofliccrs -liave net Laten sufit* 
 
cient sureties, where the administrators may not Po^r 
 
 be of ability to answer, or make good, the va 5J7JJ 
 
 lue of what the decedent's estate doth or shall a- ea ruj is 
 
 mount to ; then the said Justices of the Orphans' 
 
 court are hereby required and empowered, lo 
 
 cause all such administrators to give better securi- 
 
 ty to the judge of probate, by bonds, in 'manner 
 
 and form as the law prescribes, and under such 
 
 .penalties, and with such suretiesas the said jus- 
 
 tices shall approve of, aftr they have heard ihe 
 
 olrections of creditors, or persons concerned, if 
 
 any such be made during the sittingofthe court. 
 
 And if it appear ihar any of rhe s.iid administra. 
 
 tors have embezzled, wasted or misapplied, or 
 
 suffered so to be, any part of the dece-'lent's 6s- AH* U *ie df 
 
 tates, or shall neglect or refuse to give bonds, waft*re- 
 
 with sureties, as aforesaid; then, and in every such ke * xfc| " B - 
 
 case, the said justices shall, forthwith, by their 
 
 sentence, revoke or repeal the letters of admini- 
 
 stration granted them; and thereupon the said 
 
 jud^e of probate, or other person then empow- 
 
 ered to grant administrations, as aforeiaid, where terj e ^ jj ^ 
 
 such occasion happens, is hereby required lo g*-*atc<i. nd 
 
 grant letters of administration to such person or 
 
 persons, having right thereunto, as will give 
 
 bonds in manner and (orm, aforesaid ; who iniy 
 
 have their actions of trover or detinue, for such 
 
 go.xls or clriltels as came to the possession of 
 
 die former administrators; and shall be delaineJ, 
 
 wasted, embsA^ledor misapplied by any of them, 
 
 and no satisfaction made for the same; 
 
 III. When any complaint is made to any of the 
 
 said Justices, that an executrix, having minors of * 4tes relobc 
 
 , . , r i lecared pocom- 
 
 her own, or being concerned tor others, is inir- pUi ot , th%t ec- 
 
 ried, or like to be espoused to another h'lsbiad, ccntrix, is a- 
 
 without securing the minors' portions, or chutes : p*"l ' tn rr: - ftl 
 
 l ' Lkrl 7 
 
twi 
 
 O**tef*xe"0f*trfata.n executor, or other person, having the 
 eotcr is likely care anc j lrust o f minors' estates, is like to prove 
 rq^bc loColvcuiy. ' nso i vent? or shall refuseorneglect to exhibit true 
 and perfect inventories, or give full and just ac- 
 counts of.the saideslates-come to their hands, or 
 knowledge; then; andiu every such case, the same 
 justices are hereby required, forlhv%ilh, to call, 
 an Orphans' court; who shall cause all and eve- 
 ry sucn Executors an d trustees, as also such guar- 
 dians or tnicus of orphans or minors as have 
 been fonneily appointed,' or shall, at any time, 
 hereafter, be appointed by the said court, to 
 give security to the orphans or minors, by mort- 
 gage or bonds, in such -sums, and with such sure- 
 ties, as the said courts- shall thini reasonable: 
 conditioned for the performance of their respec- 
 tive trusts, and for the true payment or delivery, to 
 and for the use and behoof of such orphans asthey 
 aie concerned forj or such as shall legally repre- 
 sent them, the Ingaries, portions, shares and di- 
 vidends of estates, real and personal, belonging to 
 such orphans or minors, so far as they have as- 
 sets; as also for their rhaintainance and education; 
 as the said court shall think fit to order, for the 
 benefit and best ad vantage ol such orphans, as is 
 usual in such cases, 
 
 F*ecator,&c, IV, Any of the said executors, administrators, 
 b> lca\c oi the guardians or trustees, may, by the leave and direc- 
 ifcitV^V 1 * 1 tion - f the Orphans' court, put out their minors' 
 r^^eir no* money to interest, upon such, security, as that 
 to be accounta. court shall 'allow of : and if such secuiity, so ta- 
 ble ia cafe of k en ^ i ona f[d e>t and without fraud, shall happen 
 to pro /e insufficient, it shall be -the. minors' loss. 
 But if no person who may be willing to take the 
 said money at interest with such security as can 
 be found by the person .so, as aforesaid, conx:enu 
 
eel for the minors, nor by any others; then the But 
 
 atitl executors, administrators, snardians or trus- whl! ! ! ln l 
 
 iii* i i ! i /~ i CWQ nanus. 
 
 tecs, shall, in such cases, be responsible for the 
 
 principal money, only, until it can be put out at 
 Quietest, as aforesaid. 
 
 V Provided always, That" the day of payment Term ofmoulc9 
 of the money, so to be put out to interest, at a- f lent, n&t to 
 ny one time, shall not exceed twelve months, exceed ra 
 from the dateof the oblation, or other securi- moluhs 
 ly give 11 for the same; and so toties quoties, when 
 and so off en as the said money shall be paid in, 
 or come to the hands 'of the Said executors, guar- 
 dians or tj us fees. 
 
 VI. Provided a/so, That no executors, admi- 
 nistrators or guardians, shall be liable to pay in- Exfca . to i r i s ** 
 
 i L t i i i i * i * 1 " ONV Iwble to 
 
 terest, but for the surplusage of the decedent ses' i ulc rett. 
 
 tale, remaining in their hands or power, and be- 
 longing to the minors, when the accounts of 
 their administration are, or ought to be, settleil 
 and adjusted before the said Orphans' 1 courts, or 
 judge of probate respectively. 
 
 VII, The justices of the said Orphans' court, ih 
 the said respective counties, shall have full pow- 
 rand authority to exercise all the powers, autho- 
 rities and jurisdictions granted, or mentioned or 
 intended to be granted, to the Orphans' court, in r urther 
 and by a law of this Territory, entituled, "a law of ihe court. 
 
 'for the better settling of intestates' estates.," and 
 to do, execute and perform, all such matters and 
 
 1 things as the Orphans' court, in the said law, or 
 in any other law of this Territory mentioned, 
 
 \ might or ought to have done or performed, ac- 
 
 cording to the true intent and meaning thereof; 
 
 'with power, also, to admit orphans or minors, May appoint 
 when, andas often as there may be occasion, to gaHiani tu 
 make choice of guardians or tutors and to ap- tors * ^ 6 - 
 
[86] 
 
 point guardians, next friends or tutors, over such 
 as the said court shall judge too young, or incapa- 
 ble, according to the rules of the common law> 
 to make choice themselves: and, at the instance 
 and lequest of thesaid executors, administrators, 
 guardians or tutors, to order and direct the bind- 
 ing or putting outof minors, apprentices to trade*, 
 husbandry, or other employments, as shall be 
 DOTS tojgradcs, thought hi. And all guardians and prochein a- 
 * mis, who shall be appointed- by any of the said 
 
 Orphans' courts shall be allowed and received, 
 without further admittance, to prosecute and de- 
 lend all actions and suits relating to the orphans 
 or minors, as the case may require, in any court 
 Or courts of this Territory. 
 
 YI1I. Jr. any person or persons, being duly 
 summoned to appear in any of the said Orphans' 
 Power of tlic courts, ten days before the time appointed for 
 in cafe of their appearance, shall make default, the jus- 
 tices may send their attachments for con tempts, 
 and may force obedience to their warrants, sen* 
 lences and orders, concerning any matter or 
 thing cognizable in the same courts, by impri- 
 sonment of body, or sequestration of lands or 
 goods. 
 
 JX, Provided always, That if any person or 
 l to the persons shall F/c aggrieved, by any defmiiivje 
 '. 5enrcnce or Judgment of the said Orphans' court, 
 it shall be lawful for themlo appeal from the same 
 to the General or circuit courts : which appeal, 
 upon secnrify given; as is usualin such cases, shall 
 be gran ted accordingly, 
 
 X, If any of ihe said executors* ad minis I ra- 
 or * orSf g, tiar( M*. ns or Imslee*, did or hall receive 
 &veo an ^ 6^ discharges for any sums of money* 
 dehts rents or duiicS| belonging to any o;phaD f 
 
3 
 
 or minor for whom they arc or were ialrustcJ ; * * a U b j fli 
 it is hereby declared, that all such discharges or "Jj^ 1 * ud or 
 receipts shall be binding to, and upon, the 
 orphan or minor, when he or she attains to full 
 age ; and shall be effectual in law todisclm^e- 
 the person or persons that fate the same. 
 
 XL When any of the said minors attain to M ^ norfi atra ? n . 
 their full a^e, and thq person or persons so, asingfuilage, 
 aforesaid, intrusted or concerned for them, hav- how they (bail 
 in^rendered their accounts to theOrphans' court, a<stj 
 according to law,, and paid the minors their full 
 cine ; then such minors shall acknowledge satis- 
 ifhclion in the said court: but in ease any of 
 them refuse so to do, then tho said couit shall 
 I certify how th 2 said persons concerned have ac- ftS. 
 counted and paid ; which shall be a suffccient (hall aft. 
 discharge to the guardians or tutors, and to the 
 tiusiees, executors or administrators, who 
 shall so account and pay : and, thereupon, All 
 bonds entered into, for payment of such Orphans' 
 portions, shall be delivered up and cancelled. 
 
 XII. Provided always, That none of the said 
 Orphans' courts shall have any power to order 
 or commit the tuition or guardianship of any NO. minor, 
 orphans orminors; or bind them apprentices to orphan tbc 
 an crsoii i or ersons, whose reliious persuasion 
 
 any jcrsoii i or persons, wose regous persuason 
 shall be different from wnat the parents or such 
 orphan, or minor professed, at the time of theit 
 decease ; or against the minors' own mind or^ti- 
 cliualion, so far as he or she has discretion and 
 capacity to express, or signify the same ; cr lo 
 persons thatare not of good repute, where others 
 of good credit, and of the same persuasion, may 
 or can be found. 
 
 XllL Provided also, That ibe justices ef the , 
 
 iaidcoiu'ts? andallotkers cocceiuedin the ex- court as to the 
 
of 
 
 /iJ, 
 
 edition of this law, shall have clue regard tc 
 direction of all last wills, and to the tiue intent 
 and moaning ol the testators, in all matters and 
 things that shall be brought before -them concern* 
 
 in^ the same. 
 o 
 
 ho ,v and to 
 
 WhomliabJe. 
 
 ._ . All 5iich bonds or obligations, as are,. 
 Jr^tSTaVc b ^ lhis ' or an ) ; other law of this Territory, direct- 
 of probate" gQ ed orVequired to be given to ihe-judge of probate; 
 and all such bonds as, -by any law aie directed, 
 lo be given by the judge ot probate, or by any- 
 other officeisor persons in office, for the due ex-, 
 edition of his or their respective offices or em 
 ploy men ts, are hereby declared-tobe to and for lire 
 useof,- and in trust for, the person or persons 
 concerned; and the benefit thereof shall be ex- 
 -tended,' from time to time, for the relief and 
 advantage ol (he party grieved, by the misfeaz*- 
 ance or norifeazance of the officers that did of 
 shall give the same. 
 
 Whcnfuch 
 bonds are in 
 fuit, and judg- 
 ment had, no 
 execution (hall 
 jffue before a 
 fcire facias U 
 lucd out 
 
 how to 
 be awarded on 
 verdid 
 
 Former judg. 
 ment to (land 
 cautionary. 
 
 XV. And when any of the said bonds shall ba 
 put in suit, and judgment thereupon obtained, 
 the judgment shallremain in the same nature the 
 bonds were : and no execution shall issue there- 
 upon, before the party grieved shall, by wiit of 
 . scire farias, summon the person or persons 
 , against whom the said judgment is obtained, to 
 /appear and shew, cause, why execution shall 
 -not issue upon the said judgment. . And if the 
 .party grieved shall prove what damages he sus- 
 tained, and thereupon a verdict be found for him, 
 the court, where such suit is, shall award exe* 
 eution for so much as the jury shall then find, 
 with costs, and no more. And the former jndg^ 
 ment is hereby declared still lo remain caution- 
 ary. for the satisfaction of sucH others as 
 
C 89 3 
 
 legally prove themselves damnified, and recover 
 their damages, in manner afoiesaid. 
 
 XV L The said judge of probate, and all 
 others, in whose hands the said- bonds shall be 
 deposited or lodged, are hereby required to give g j ve 'copies, on 
 any person injured, and requesting the same, a demand, of Tuck 
 true copy of any of the said bonds/ he paying bo 
 thirty seven and a half cents, for the same, and 
 
 to produce the original in court-, upon any ., 
 
 i 11 i i i r i r " r , Fee there on. 
 
 trial that snail be had lor the breach of any of 
 them, if required by the court. And if the per- 
 son, in whose hand the said bbnds^shallbe lodg- 
 ed or come to, sliall refuse or delay togivecopies 
 thereof, and produce the original in court, as 
 aforesaid;, he or they shall forfeit; and pay to 
 the party grieved, treble damages; to be recover- officer, refaf. 
 ed sgainst the officer that gave such bonds, or ing copies, to 
 his sureties, by action, of debt, bill, plaint or P a - v trcblc da5 
 information, in any court in the Territory, nia ei 
 where no essoin, protection or wager of law, or 
 any more than one imparlance, shall be allowed. 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the 
 first day of October, next ensuing : IN TES- 
 TIMONY whereof, we Arthur St. Clair, 
 John Cleves Symmes and George 7 urner* have 
 caused the seal of the Territory to be thereunto 
 alfixed, and signed the same with our names. 
 
 AR. ST. CLA'R, 
 JOHN C. *YMMES/. 
 
TERRITORY OF TffK WJTS0 STATES 
 
 r Tint 0:110, 
 
 A LAW for ibe fettle-meat 
 Intestates' Lsutc*, 
 from the Fenntylvanian c&de, 
 and published at Cincinnati* 
 the sixteenth day of June+ one 
 thousand, seven hundred and 
 ninety- five* by Arthur i 
 Clair, *governow. and jolm 
 Aft, Sn. CLAIR, Cleves Svmcies end Geoicei 
 
 fe^iiSt 1 ! Turner, yW^/, / and 
 
 ' the same. 
 
 Sect. I. Tr HE J ucl S eof P roba! v having p OWC r' 
 
 lo grant IctjLers of administration ot 
 llie^oo-ls and chattels of persons dying inres-tare* 
 within itiis Teiritory, shall upoo ^ranting such 
 letters of administration, take sulficient bond5, | 
 with two or more able sureties (respect being had) 
 to the value of the estato) in I he name of the; judge 
 Condition ^ P ro ^ a ^ e with the conditions in manner and 
 tLtrcuf, |orm following, inulatia mutandis, viz. 
 
 II. The cond'nwn oj this obligation is such+\ 
 iJiat if the within louridien, <A. B. : adminis/ra- 
 lor of all and singular the goods, chattels and\ 
 credits of C* D. deceased, do mahe^or cause lo 
 fie made, a true and perfect inventory of all and 
 singular the goods, chattels and credits of the said, 
 deceased, which have or shall come to the hands, 
 possession or knowledge of him the said A. B* or 
 into the hands and possession of any other person 
 or persons, for him ; and the same so made* doex* 
 Jiibit, or cause to be exhibited into the office of 
 the court oj probate, in the county of 
 
 at or before the day of 
 
next ensuing; and the same goods, chattels and 
 credits, and all other the goods, chattels and cre- 
 dits^ of the said deceased, atlhe lime ofhisdeath, 
 which, at any time after, shall come to iheliands 
 or possession of the said A. B. or into the hands 
 and possession of any 'other person, or persons ^ 
 for liim, do well and truly administer, according 
 to law, and further do make, 'or cause to be made* 
 a true and just account of his said administrati- 
 on, at or before the day of 
 and all the rest and rest due of the said goods, ch at" 
 tels and credits, fthich shall be found re main ing up. 
 on the said administrators account (the same being 
 first examined and allowed of by the Orphans 9 
 court, of the county where the said administrati- 
 on is granted) shall deliver and pay unto such 
 person or persons, respectively, as the said Or- 
 phans' court, in the respective county, by their de- 
 cree or sentence, persuant to the true intent and 
 meaning of law^shall limit and appoint. And 
 if it shall hereafter appear, thai any last mil and 
 testament was made by the said deceased, and 
 the executor or executors therein named do exhi- 
 bit' the same into thejsaid probate office, making 
 request^ have (t allowed and approved according- 
 ly ; if the said A* B. within bound, being there- 
 Tin to required, do render and deliver the said let" 
 ters q/ administration, approbation of such les* 
 tamenf being first had, and made in the said pro- 
 bate office; then this obligation to be void and 
 of none effector else to remain in full force and 
 virtue. 
 
 liU Which bonds are hereby declared to be Sucl] , bond . is 
 good, to all intents and purposes, and pleulable rn 
 in any courts of justice. And also the said Or- 
 phans' <x>urt, in the respective counties shall and 
 
E 92 3 
 
 Orphans* court rrray, ami are hereby enabled to proceed and 
 may oblige ad- ca \i suca administrators to account, /or and touch! 
 wUj4ntort to . t j ie 00 d s O f any person dyine. intestate; and- 
 
 account. , . l / , r 'j i r 
 
 uport, hearing, and due consideration thereof, to 
 Further power order and make just and- equal; distribution oi 
 ana dory of ^hat jemainelh clear after all debts,, funeral and 
 
 that cou.j't i ,- 11 i i 
 
 just expenses or every sort, first allowed and de- 
 ducted according to the ordinance of Congress, 
 for the government of the Territory, and to the 
 rules anil limitations hereafter set down : and the 
 same distributions to declare and settle, and to 
 compel such administrators to observe and pay* 
 ihe same, by the due course of the laws of this 
 Territory ; saving to every one supposing him 
 or themselves aggrieved, their right of appeal to 
 the General or circuit courts*. 
 
 IV * Prm ' ided always, That in case any child 
 vrlio shall ha ^e any estate by settlement, from 
 the intestate, or shall be advanced by the said 
 intestate, in hislife time, by portion, not equal 
 to the share which will be due to the other 
 children, by such distribution as afortsaid; then 
 &o much of the surplusage of the estate of such 
 intestates, to be distributed lo-such child or chil- 
 dren asshall have any land, by -settlement from 
 the intestate, or were advanced in- the life time 
 f the intestate. a,s shall make the eslate of all the 
 said childien to be equal, as nearly as can be es* 
 
 Wben no legal timated. And in case there be no children, nor 
 any Jegal representatives f then*/ then one 
 inoiety of the said estate to be allotted to the wife 
 ^ t ' ie intestate ; and the residue o the aid es- 
 
 equally, feo every of the 
 
 next kindred, ot the intestate, who are in equafc 
 degree, and those who legally represent theiru. 
 
 Concerning Provided^ That there bs up .i-epiesentaliyos adf 
 
 equally 
 
 eiute. 
 
 the 
 
 reprefcnta 
 tires, ' 
 
 the oter to 
 
 otVmdxed. Ute, t-o be dUuibu te 
 
[93] 
 
 milled among collaterals, after brothers' and 
 sislers' cliiMien : and in ca<e there be wo wife ; 
 
 I 1 , all the sai.lcsl.-ife to be distributed equally t 
 
 ., 1 ., , , . it When no wi^ 
 
 ioan'l among the rluUuen: andiu case there be. no i child, ho* 
 
 o child, then to -the nc<t of kin in equal degree, <Jtni>utiaa to 
 of oruntoihe in legate, and their legal represen'' 1}C 
 Utives, as aforesaid ; and in no oilier manner 
 \vhitsocver*. 
 
 V. fVwwfarffcvW, And !o the end, iliat adub 
 
 nerloti 1 e.tate 
 
 record be had to cioclitors, that no such dist ilm- L ** n of 
 
 f i it i . 
 
 lion oftlieg,oods of any person d) ing intestate, 
 
 be made, till afier one year be fully expired, ah- wilh 'n 
 
 ter the intestate's death ; and that such and eve- }ear * 
 
 ry one lowhom any distribution andshaie shall 
 
 be allotted, shall give bond, with sufficient sure 
 
 lies, in the said Orphans' court: that if any 
 
 debtor debts, truly owins by I he in I estate, shall r g ef7 a dL '"a 
 
 be afterwards sued for and recovered, or other- Orphans' court 
 
 v/iseduly made to appear; that then, and in every 
 
 such ca^e, he or she shall respective!) refund and 
 
 pay back to the administrator, his or her ratea- 
 
 ble part of that debt or debts, and of the costs of 
 
 suit and charges of the administrator, by reason 
 
 of such debts, out of flic part and share so, as 
 
 aforesaid, allotted to him or her; thereby to en- 
 
 able the said administrator to pay and satisfy the 
 
 said debtor debts so discovered, after the disMv 
 
 bution made, as aforesaid. 
 
 *Vl. Provided always lhat Jn all ca.^es where, f ^ cafe 
 by law, administration wit-h the will annexed JO< jg C of pro- 
 ought to be granted, the judge of probate shall bare may grant 
 grant administration accordingly. adminitlmion. 
 
 Vil, If any person or persons shall die intes- 
 tate, being owners of lands or tenements with- 
 in this Territory at the time of their death, and 
 leave la^wiul issue losurvive them, but uota suf- 
 
1943 
 
 , Cerent personal estate, topay their just debts and 
 Wbere perfcn- maintain llieir cluldien; in such case, it shall 
 Vor " belavvftinortheadmimstratGror administrators 
 . court ol SUG deceased t sell and convey such part or 
 order uhe- parts el the said Janthor teiiesnen is, for defraying 
 : M,?f ttlf \ iriUSt clebls.jnaintaLiancc of their children^ 
 meat of debts, and W putting them apprentices, and teaching 
 education an d them to read and write, and for impiovement of 
 
 tiSSS^ F the resid r ! Ul f wte ^-^ny be,- to iheir ad van. 
 
 fcage, as the Orphans' court of ihe county, whem 
 
 such estate lies, shall think fit to aUow, order 
 
 and^ direct, from time to tiir.e. 
 
 Except efhrc VUL Prided always, Ihat HO- Ian-els or fo- 
 under maniage nements, contained in any marriage settlement 
 fciUemear. shall, by viitue of this law be sold or disposed 
 
 of, contrary to the form and effect of such settle- 
 x nient : nor shall any Orphans 1 court, allow or or- 
 Inventory to kr 7 V^^te's lands cr tenements to be sold, 
 fee firft eihibit. ,?' * ^f. ^iiiiH^trator, requesting the same, 
 and other do1 / 1 exhioit twoor more true and perfect inven 
 
 lories and conscionable apprakement ofall the 
 intestate '& personal estate v^hatsoevetr; as also a 
 just and true account, upon his or her solemn- 
 oath or affirmation, ef all the intestate's debts 
 ^hich shall be iheii come to his or her know, 
 ledge; and if thereupon it shall appear to ihe 
 *onrt, that the intestate's personal osta4ewillnot 
 be sufficient to pay ihe "debts and maintain the 
 ihlldicn, t4utilthc eldest et tlieirt attains the 
 oge of twenty one \ears, or to pu-t them out to 
 be apprentices, and teach them to read and write 
 then & in every swli case, and not otherwise, lha 
 Cpurtshali allow such administrator to make pub 
 lie sale of so much ofthe said lands, as the comt r 
 upon the best computation they can make of the" 
 value thereof: shall judge necessary for the pur- 
 
[9*1 
 
 poses aforesaid; reserving the mansion 'house 
 and most profitable part ohbe* estate till the last. 
 But before any such sale be made, the court shall 
 order so imny writings to-be made by the clerk, 
 upon parchment or good pa per, as the court shall 
 thiukfit, to signify and give notice of such sales, 
 and of the day and hour when, and the place 
 where the sa.ne \\illbfc, and what lands are to be 
 *oU, and where they lie : which notice shall be 
 lie) i ye reel to the sheriff or constables, in "order 
 to be fixe'lin the most public pkccsof the coun- 
 tv or city, at least ten days be(ore sale ; and the- 
 sheriffs or constables are hereby required Jo make 
 publication accordingly : and the administrator 
 that makes such sale sh^ll bring his or her pro- 
 ceedings therein to the next Orphans' court, af- 
 ter the sale made. And if it snail happen that 
 any lands be sold, by virtue of this law for more 
 than the court's computation of the value there- 
 of: then the administrator shall be accountable 
 for the same, as by this law is required for intes- 
 tate^' personal estates.. 
 
 THE foregoing is hereby declared lo be a law 
 of the. Territory ; to take effect on aud from the 
 fifteenth day or August, next ensuing: IN TES 
 T1MONY ' whereof, we Arthur St. Clair, 
 John Cleves Symmcs ana George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AH. Sr. CT.41R, 
 JOHN C. SYMMES, 
 G. TURNED 
 
OF THE UNITED STATES 
 NO?vTH-W2ST Ofr' THii OHIO. 
 
 A LAW to License and Reu- 
 1 ii re Tavern ., sJ(*+>p fed 
 I lie P e nn sy Iranian ro/&v < 
 publish ed a I . CV// c /fcy* ati^ 
 seven I cent It day of Jun <?, o// 5 
 thousand ) seven htvkdted and 
 ninety-five, by Arthur Sr. 
 Clair, governoi/r, and jo/jn 
 . ST- CLAIR, Cleves Symmes and Geoiee 
 
 - Turner ' / Mrf ^' '' 
 
 Territory. 
 
 Sec, I, l^OR preventing disordeis, and flie 
 the * mischiefs lhal may happen by mul. 
 
 ti. UplicUy of piibjic hoiise3 of enleriainment, no 
 n of the Gene- person or persons shall, infultire, have or keep 
 iai quarter fefii- any publicinii, Uvern, ale-house, or dram-shop, 
 
 out, under what or p u blic house of enleriainment, in any coun- 
 
 ! .,.!,'. J , 
 
 ty, to^n or place within I he Territory; unless 
 
 such person or perscrns shall be first reco mm end- 
 ed by the justices, in their courts of General 
 quarter sessions of the peace for the counties 
 respectively, -to the governour, for his license 
 for so doing, tinder tie penalty of one dollar per 
 day, for every day on which the party offending 
 shall beep such public inn,, tavern, alehouse^ 
 dram-shop or public house of entertainment ; 
 lo be recovered with costs, before any two jus- 
 tices of the peace, in an action Qui Tarn : two 
 thirds whereof shall go to the use of thepoorof ihe 
 township, where the oftence may be committed, 
 and theclher third to the prosecutor suing for 
 die same to effect. 
 
C97 3 
 
 II. No person, licensed as aforesaid, shall knmv- 
 Jh S ly sufter any disorder, as drunkenness, or 
 nnlawfui games, whatever, in such his, her or ] aw f u i g a ,ne. * 
 their ho .^e^, under the penalty of five dollars for on pin uf 
 the first offence ; to be recovered as aforesaid i. 
 and for the second offence, to be suppressed by 
 the justices of the said respective courts: and no 
 such inn-keeper, tavern-keeper, or other person 
 as aforesaid, shall presume to con tin lie- such pub- 
 Kc house ofenterrainment, of his own accord, 
 aiter such suppression, or the expiration of his 
 license, v%ithoHt new license as aforesaid, under 
 the penalty of one dollar per day, as aforesaid, to 
 be recovered in manner aforesaid, two third 
 i parts vdiercof shall go to the use of'the poor of 
 | the respective townships or place, where the cf- 
 fcuce shall be committed'; and the remaining 
 ihird to the party prosecuting*- 
 
 III, All tavern-keepers and urn-keepers, as 
 afoiesaid, shall provide and furnish good enter- a ] 
 tainment andaccommodations^or man and horse; 
 under the penalty of tivcdojlars, to be recovered 
 in manner and for the usesa/oresaid. 
 
 IV The governour shall have & receive, for eve- 
 ry license t>y him granted, pursuant to this law, Fe?t on every H- 
 lo any person, to sell wine and other liquors^ the cnfc, four dol- 
 iStim of four dollars. And the person obtaining larsto lbe * 
 ;; such license shall further pay to the clerk of the ^"" 
 General quarter sessions, rii open court, oir re- county 
 ceiving the recommendation required by law., 
 the sum of twelve dollars, for the use of the 
 county : andit shall beuhe duty of the said clerk 
 to mate, in coiiFt, a fair and accurate entry in a feflbos herein*, 
 jbook or books, to be kept for that purpose, of 
 every sum so received ; and shall pay the coun- 
 ( ty's part thereof, iato die county treasury, wilii 
 
T983 
 
 in twenty days after Hie rising of the said court, , 
 taking ibe treasurer's receipt, as his voucher for 
 such payment. 
 
 V. Provided always* That where tie govern- 
 our, or the person or persons, he may choose to 
 appoint, for issuing $uch licenses, shall in any 
 case, secfrt La refuse the same, the party so paying 
 for such license shall have his, her or their mo- 
 nies returned by the clerk or treasurer, as the 
 case may 
 
 /^Y. No recommendation shall be issued by 
 the justices pf the respective counties in order to 
 obtain license fxom. the governour, for the keep- 
 ing a public house, as directed by this law, be 
 fore the person or persons desiring such recom- , 
 Bond to the jnendation, shall become bound lo thegovernour 
 governour. of the Territory, with security, if required, in 
 any sum not exceeding three hundred dollars ? 
 that he, she or they, on obtaining such license, 
 shall, at all times, be of good behaviour, and ob- 
 serve all the law and ordinances which are or shall 
 be made, or be in force, relating to inn-keepers 
 or tavern-keepers within the Territory. And 
 whoever shall keep a tavern, inn or public 
 house of entertainment, before he or she hath 
 given bond, as aforesaid, such person shall suffe 
 the same penalty, as U the same had been don 
 \vithoutlicense. 
 Koperfoyn. y jjm No peisoq or persons, -other than such a 
 
 leu qualified by , ,, vr 1 i i i i i 
 
 this law (hall are or shall be qualified so lo do, by this law 
 fell liquor*, shall presume under any. colour or pretence, t 
 se ^' barter with, or deliver any wine, rum, bran 
 dy or other spirits, or strong water, beer, cyde 
 or any mixed or strong liquors, to be used or 
 within his, her or their houses, yards or sheds, 
 or to be, with his, her or their knowledge, prir 
 
 
C993 
 
 vity or consent, used or drank in any shelters, 
 places or woods, near or adjacent to them, \yj 
 companies of servants, slaves or others; nor to 
 retail or sell, to any person or persons, any rum 
 brandy orother spirits, or strong water, by less 
 cjuantifyttf measure than one quart; nor aiiy-wine* 
 by less quantity or measure than one quart; nor 
 any beer, ale or cyder, by any quantity less than 
 Iwo^allons ; thesariie liquors being respec lively 
 delivered to one person and at one time, with- 
 out any coll usiotrdr fraud, contrary 'to the true 
 intent and meaning of this law. Every person.. Penalty there- 
 offending herein, shall pay a fine of twelve dol- OB - 
 lars, on conviction by indictment, -to the use of 
 the proper county. 
 
 VIII. No person or persons, keeping a publi6 
 bouse or inn, shall trust or give credit to any 
 person, for liquors, orany other inn or tavern Tnn *M>'4er* sot 
 reckonings, in any sum exceeding three dollars; ibw 3 dollars. 
 tinder the penalty of forfeiting and losing such 
 debt. And if any inn-holder or keeper of pub* 
 lie house, orany retailer ol liquors, shall receive, Retailer* and 
 harbour, entertain or trust, any minor under pMcaus not 
 | the age 'of twenty one .years, or any servant, 
 knowing them or either^ of them to be such ; or 
 after having been cautioned or warned to the oil 
 contrary by (he parent, guardian, master ormis- & 
 tress, of such minor or -servant, in the presence 
 of one or more credible witnesses, such inn- 
 holder, keeper of public house, or retailer of li- 
 quors, 50 offending, shall, for the hrst or second 
 offence, being duly convicted thereof, forfeit and 
 pay the sum of three dollars, for every such of- 
 fence, over and above the loss and forfeiture of 
 any debt such minor or servant shall or mar 
 contract for liquors or entertainment ; and up- 
 
C TOO ] 
 
 on conviction for t!ie third offence, tlie license 
 obtained 'oy&uch offender is hereby declared null 
 and void; and the person so repeatedly offend- 
 ing, shall foifeit and pay the sum of twelve dol- 
 dar.s on conviction by indictment, to ihe use of 
 ihe counlyj, and be forever after incapable of 
 Itee^inj* a public house or inn within this 
 Territory, 
 
 /.\". No p3rso*i, sh il! by any means presume 
 pomlry n ft to f, lfn i s h sno )ly or sell to any I) >r 
 
 11 \'t t. IjCJUu- . * ' I 
 
 ferranu *iid Of slave, any run, briMd/, spirits, o'* ,uy 
 strong liquors or stio i^ w.iter, mixeJor u 
 cd, either within or without doors; nor 
 receive, harboui or entertain any slave or 
 in or abont his, her or l!i-ir ho-i-ps; wilho t 
 special license had and obtained under the han 1 
 ot the master or mistiess of sucli s'ave or f>o 1 1 
 servant respectively; under the poialiy, for ilia 
 first ofrence,of three dollars, an:l for every su^'* 
 eesding offence, four dollars; to b^ recovered 
 before any one justice of the peace of the county 
 \vhere the offence is couimittad, on the pro* it of 
 one or more credible witnesses; or upon the 
 vieA- of any justice within the respective coun- 
 ties, where the fact shall be co.mmtred. 
 
 X+ If any person or persons,' keeping a public 
 nouseor inn, or retailing liquor^, as aforesaid, 
 shall trust or credit any person forliqnors retail- 
 under e( \ f or ol j ier eKpen^es, above three dollars, as 
 aforesaid; or shall presume to sueany such per* 
 son; of sltnll ariest or attach any bond servant, 
 for a:iy debt contracted for liquorsor acconvmo- 
 djtio.is, knowing such persoti to be a servant, 
 and after he, she or they have been warned of 
 cautioned not to entertain such bend servant, as 
 aforesaid/ all such actions aid suits shallabate? 
 
[TOT] 
 
 andthepersonsn^d, and the master or rnisrress* 
 in behalf of such bond servant, or il^e servant, 
 lim or herself being sued as aforesaid, shall and 
 rnayplea.^ this law in bar; and iheieppnn, ihe 
 plaintiff iri such suit shall become non suit, and 
 piy double cost 
 
 XI* The scveial fines imposed by tins law 
 shall, on conviction, be lev ltd by execution on Cifpofinon of 
 the offender's goods ; or his, her or ll;eir per- the /evcra ^ 
 sons shall be ccihii.ilted to li e coimly jail, un- fiue *' 
 ill rhesa 7e be paid. And ail lines and forfeit- 
 ures recovered by virtue hereof, whirl) are not 
 <nther\\i;>e appropriated by law, shall be applied 
 in manner following, That is IO say; the me 
 irioieiy (heieuf, shyiibepaid lo the father, mother, 
 guardian, niasler or mistiess, of the minor or 
 6uvant entejlained, as aforesaid, or to the ser- 
 vant himseH as the justice of the peace iray di- 
 lect: the oilier moiety shall be paid lo the over- 
 seers o I the pooi ot the low nt hip or place, \vheie 
 the offence is committed, for the use ol such 
 poor. 
 
 XII. Nothing herein contained shall extend lo Perfon? holding 
 persons now Jro,diiig licenses under the existing liccnie* no* 
 laws, tmiii ike expiration of such licenses. now expired, 
 
 are not^vithtn 
 " ". um;r>ragu^:~nrrnr mim , tlie pur\iew 
 
 hereof. 
 
 THE forrgcing is hereby declared to be a law 
 cf rl:e Territory ; to take effect on and from the 
 fcfimj th day of August, next ensuing; /A TES. 
 T/AtQKr wheieof, \\-e Arthur Si. Clair, 
 Jo fin Cleves Syrnmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with onr names. 
 
 AR. ST. CLAIR, 
 JOHN f . S^ MMJiS. 
 G. 
 
[102] 
 
 TERRITORY OF TH UNITED STATES 
 OF 
 
 A LAW establishing 
 
 clefs Cftice sldnpted /nun 
 the Pennsylvarunn cde* avl 
 
 \ / ft* ] published at Cin^lnnall^llte 
 
 'i day of 'tin,*^ n/is 
 
 ./ .' 
 
 t./, ssvefilutn hr-f an / 
 si by Arilinr St. 
 Glair, gwertinur* and J c) liii 
 M ST, Cm*, C.leves S> mines and Geonie 
 
 1^. ikA^CvAt^ca & 
 
 ///<? said Teffitor.: 
 
 ' or. Sect. I. nrHERE shall bean office of record 
 iiiL<.a A 
 
 shall be called and stiled, the Recorder's Office, 
 and shall be kept in some convenient place in 
 da- ^ e sa ^ respective counties rand the recorder 
 tit*. shaH duly attend the service oi the same, and at 
 
 his own proper costs and charges. shall provide 
 paichtnent, or good large books, pf royal or ot liec 
 large paper, well bound and covered; wherein 
 he shall record, in a fair and legible hand, all 
 deeds and conveyances which sballbe brought fo 
 him, for that purpose* according to the true in* 
 tent and meaning af thi$ law. 
 
 II All deeds to be recorded, in pursuance off 
 
 Wtt woriin in ihis law, whereby any estate of inheiitanee, Ja 
 
 dccd% ihail paf* fee simple^ shall Iiereafler be limited fothe giant- 
 
 iUcfce^&c. or and his heirs, the words grant, bargain, sell, 
 
 shall be adjudged an express covenant to tha 
 
 grantee, his heirs and assign*; to.wit ; that ibe 
 
 graiitor was seized of an indefeasible esrajtv.iri 
 
 fee simple, freed from ineumbrances done or 
 
 safhi'ji frjin^tlic grAator (except the rents and 
 

 r n 
 
 services that may ba re^erv^d" as also for quiet en- 
 joy ne.it ogainst the gran tor, his heirs and assigns : 
 unless li mired b.> express words contained in sucli 
 deed , and that lh<; grantee, his heirs, executors, 
 ad.n'ni-tra'ors and aligns, may, in any action, 
 a^i'^n breache, as if Mich covenants were ex- 
 press!.) i.iseited. Provided always, that ibis law Provifo. 
 sh.ilUiut e\rend Jo leases at rack rent, orlo leas- 
 es not e <cee ling one and twenty year?,, where 
 tiic actual possession goes .with the lease: 
 
 IH. I/ any person shall forge any entry of the 
 acknowledgments, cfilili rates or indorsement, f^'ing 
 ivheichy rhe freehold or mherilam eof any man knoieJgaient 
 may -bo c harmed, he shall be liable to the penal- & c - 
 ties against formers ot false deeds. And if any 
 person shall perjure him^eU, in any of the ca c es 
 herein above mentioned, he shall incur the like Pcr j ur 7- 
 penalties as it the oath % or. a f Urination, had been 
 in any court of record. 
 
 IV. Every mortgagee ofany real or personal es- Stt - I8faaion of 
 lates,inthis Territory, having received hill satis- mortgage* \o 
 /action and payment af allsnch SUIM and suinso'f.^c enured. 
 money as are icaiy due to him, by such mortgage, 
 
 shall, at the request ol rhe mortgager,- enler satis- 
 faction upon liie margin of the record of such 
 mortgage, recorded hi Hie- said office ; which 
 shall, rurever Uiereafter- discharge, defeat and re- 
 lease the same/ and shall, likewise, barall actions 
 brought or to be brougt thereupon. 
 
 V. And it -such mortgagee, by himself or his 
 attorney, shall not, within three months after re- Penally on 
 c] nest and tender made for hi reasonable charges, 
 
 repair lo the said ofH< e. and there make acknow- 
 ledgment, asaforesaid: fce, she or they neglecting 
 so lo do, shall, for every such oifence foifcit aud 
 pay unto the parly or pailies aggiie\eJ, auy sum 
 
U 104 j 
 
 llie mortgage- money: fo be recover 
 ed in any court oi record, b^ bill, plaint or infor- 
 mation. 
 
 VI. Theresliall.be appointed a recorder in eve* 
 ry county now or hereafter, tobeerected. But, 
 before any of llie said recorders enter upon iheir 
 respective offices, I hey shall become bound to 
 tlie gyvernour arid his successors, with one or 
 inore sufficient siue-fie.?, in a bond for hfleen him* 
 corlty/io -1500 d red dollars* conditioned for the true and failli- 
 fnl execution oHiis oftiee, 'and for delivciing : vp 
 tlie records and other writings, belonging to the 
 said, office, whole, safe and imciefcctd, 10 his 
 successor in the said offire. \Vhiih said ie^p( c 
 live bonds, sliall be Tiled in the secrctar) 's office, 
 
 to have a re- 
 corder. 
 
 He to 0?vc fe- 
 
 And file the an( j th ere safely k^pt, in orJeiMo be made u^e of 
 
 bo^d with the 
 
 iecretary, 
 
 ng 
 
 for making satisfaction to llie pal ties that shall 
 be damnified or aggrieved, as is or shall be, m 
 such cases directed by law, 
 
 Vlf, And no recorder, whatsoever, now cr 
 hereafter appointed, as aforesaid, shall enter up- 
 
 renaltyonre. on? O r officiate in his said office, beloie he r.a.h 
 ci>rder ofhciatr . . . . . . . 
 
 oikerwifc. g lv '* n SIIC -" security, as aioiesaid; upon pain or 
 forfeiting the sum of three huiidi eddollais \ ojie 
 Lalf to UieTenitory, and the other half to i im 
 or them that shall sue for the same, to be reco- 
 vered as aforesaid. 
 
 VIII* All deeds and conveyances, which shall 
 be made and executed within this 1 errriiory, of 
 ac ^ or concerning any lands, tenements or heiedi- 
 and laments therein, or whereby the same may be 
 how./ any way effected, in law or equity, shall be ac- 
 
 knowledged by one of the granlorsor bargoiirors, 
 or proved by one or more of the subsc libing wit- 
 nesses to such deed, before one of the judj**fc of 
 the General-court, or be lore one ol the >usUvcif4 
 
the court of Co turn on pleas of the county where 
 the lands conveyed do lie: and shall be record- 
 ed in the Recorder's. Oftif e oPrhe county, w her 
 such laud's or hereditaments are lying and being, 
 within twelve monlhs after ihe execution of sue a 
 deeds or conveyances I and eveiy such deed and 
 tMiveyan<e-:iiil&halli at any time after the pub- 
 1} art'*.* It- reuf,,be nuu lea ml executed, <*nd which 
 fch-.-.H vo^ he pox e;<l and lecoitled, as afotesauf r 
 Eiiuil i)tf a Iju*ljJ fraudulent and void against a- 
 )?} Mibsotjuei.'t pure baser, or Hiorlgpgee, for va* 
 . linble conndoralioit t un'ebs surh deed or con- *'*? 
 \e>ance be rccdniecl, as afoiesaid, before the c 
 pioving and rrcorjlin^ of I he deed or convey- t 
 aure, nn<!er winrli HJC !i subsequent purchaser o* 
 
 . Where the gi an tors andwltnesses of any How 
 or conve)aiu-e, are deceased, or cannot be wiicr f 
 had, it sliail and may be lawful to and for the arcdc'^. 
 jiidges-of the General -court; or any justice ohhe 
 court of common pleas of the county where the 
 lands lie,ro take the examination of any witness 
 orwifness.es^onoalh or aWirmation, to prove the 
 Band-writing of s it c-h. deceased witness or witnes- 
 ses : or where such proof can-not .-be had, then to 
 prove ihe hand- wrilmg of r he gran tor or gran tors r 
 TV hich shall be certified by the fudge-orju&lire, be- 
 fore vvhomrsiich proof shall be made: and sucfi 
 deed or conveyance, being so proved; shall be 
 recorded as. is usual, in other cases directed a 
 Love by this law, Dut!ea rthe 
 
 ,T.hver.y recorder shaJ.I kef p a hir boojc, in/' 
 which he shall immediately makean entry of eve 
 ry deed or writing, brought into his ofTice to be 
 recorded ; mentioning therein the dale, the par- 
 Ms, and the placewlieie the lands, tenements or 
 hereditaments, gran ted or conveyed by the said 
 
fio6 ] 
 
 deed or writing, are situate; elating the same en- 
 Iry on the day in which such deed, or vtriting 
 was broil all! in to liis ofhce ; and shall lecord all 
 SHch deeds and writings, in legular sin cession, 
 according to their priority or lime in being 
 brought into the said -office ; and shall also, im- 
 mediately, give a receipt to the 'peison*. biingug 
 such deed, or writing, to be recorded, ! beaiing 
 dale on the same day *wilh ihe eniry, and con- 
 taining the abstract aforesaid ; for vvlmli cmry 
 andieceipt, he shall lake or receive no fee or re* 
 ward, whatever. And if any recorder shall re- 
 cord any <lee<l, or writing, befoie anolher first 
 brought into his office to be iccoided, or in any 
 other manner lhan is herein directed; or shall 
 neglect or refuse to make si/chair en trj , or to give 
 such a leeeipt as is herein bfope directed : or shall 
 directly, or indirectly, take or receive any feeorre- 
 waid forsnch entry and receipt, or either of Jhem: 
 he shall fop f'eil and pay, for every such offence, 
 asum not exceeding thiee hundred, nor less than, 
 one hnndj^d dollars: one half to the use of the 
 T erritory, .and the other half to hjrn or l,hein that 
 shall sue for the same : to be recovered in any 
 court of record, by action of debt, 'bill or plaint, 
 wherein no essoin, protection pr^wager of law, 
 or more lhan ofteirn parlance, shall be granted, 
 
 ^^MMtfP'V^ltMH-w:-. 
 
 'THE foregoing tsliereby Declared rbbe a law 
 of the Territory ; to take effect on and from the 
 first day of August, next ensuing : IN TES- 
 TIMONY whereof, -we Arthur St. Clair, 
 John C/eves Sjinmes and George 7 umer* have 
 caused the seal of the Territory to be thereunto 
 affixed, aad signed the same with our names. 
 
 Ah. ST. CLAJH, 
 JOtfN C.'TfMMES, 
 G. T-URNLR. 
 
[107] 
 UN1TEI 
 
 HORTH-WEST OF THE OLHO, 
 
 TERKTTOTIY OF THE UNITED STATES 7 
 
 A LAW for raising County; 
 Kates and Levie?, Found- 
 ed o/z, and Adopted from 
 the Pennsylvanian code* and 
 published at Cincinnati, the 
 nineteenth day of June, 
 An. ST. CLAJR, ons thousand, seven hundred 
 JOHM c. SYMMS, anfl rtinntf-five ; by Arthur St, 
 
 c - TPR ** B : ciair, governtur, and John 
 
 Cleves Symmes and George 
 Turner judge** in ad over, 
 the said Territory; 
 
 Sect. I. HTHREE commissioners shall te - 
 1 pointed in every county, in the 
 following manner, locrrythis law into eftect; oncrrs i n 
 and the eldest or first ^ them named 0.1 the list, county, 
 and so onward, shall be successively changed, by 
 a new commissioner being appointed, yearly in, 
 
 his stead. 
 
 II. The justices ofthe court of General quarter- 
 sessions oftbe peace, at their first generalsessions, Tobe appoint* 
 next after the first day of January, yearly ande- J^^JfoJ. jj 
 very year, on the first day of the term, and next q uart cr-fcffions 
 after their having sworn and charged the grand 
 jury, shall, in every county, proceed, to nomi- 
 nate and appoint tluee discreet and reputable 
 freeholders of thecdunty ; who shall serve in the 
 capacity o[ commissioners for the county, for one 
 year from the time of their appointment: And 
 the justices of the peace for the several counties, 
 in their said generalsessions. shall, in like man- 
 ner, yearly and every year afterwards, appoint 
 
C i8 ] 
 
 one new commissioner in every county; 
 shall supersede the first named commissioner for 
 the preceding year, 
 
 III, The free male inhabitants of the sevei 
 of townships shall, on the thud Tuesday in K 
 ^"bc^lfofefl^ vember. yearly and every year, assemble at some 
 B0 * convenient and best inhabited part of every town- 
 ship,, to be pointed out by the constable, and e* 
 lee t by ballot, viz, by writing on a piece of pa- 
 per, the name of one person, who he prefers lo 
 te assessorof the township for the year ensuing, 
 and delivering the same to the three judges of 
 the election, to be previously chosen, viva voce, 
 by the said inhabitants, so assembled : which bal- 
 lotlhe said]udges, or one of them, shall recei^ 
 and keep safe in some box, or close vessel, until 
 all the ballots tendered lo them, or any oflhem, 
 that day, are received. And on examination ot 
 the ballots, the person having the greatest num- 
 ber ol votes, being a freeholder of good fame, 
 shall be considered, respected and attended to, 
 as the assessor of such township, for the year 
 ensuing. And a certificate of the election of such 
 assessor, in every township, shall be immediate- 
 ly made ouMand signed by the three judges of 
 tne election ; and by, at least, six more free- 
 holders : and they shall return the same to the 
 justices, at their general sessions of the peace, in 
 every county, held next after such election 
 Which return shall be entered on record, by tl f 
 clerk of such sessions, in their minute book' 
 
 IV. Before any of the said commissioners ano 
 assessors, so appointed and chosen, shall take up- 
 on them the respective duties and services, by 
 this lawreauired, they shall be qualified by oath, 
 or affirmation, ia the form following, viz, 
 
[ **9 1 
 
 Ton (naming the person) shall well and truly 
 raiise the debts of the county lo be speedily ad- Tr!1Jloncr . _ 
 -tsted, and the rates and sums of money, by a floors 
 */w imposed, to be duly and equally assessed and 
 .levied, according lo the best, of your skill and 
 {knowledge; and therein you shall spare no per- 
 \son for favor or affection, nor grieve any person 
 for haired or ill will: So help you God. Which 
 qualification, or engagement, any two or more 
 of the justices of the peace, in the proper coun- 
 ty where such assessments are to be made, shall Bywliotn adrai. 
 have power, and are hereby required, under the ^ r<d>tl1 
 penalty of six dollars a piece, to administer when 
 called upon : And the said qualifications -shall be 
 put in writing, and signed by those who take 
 them, and certified by the justices, and filed by 
 the clerks of the sessions, along with the return 
 of the persons elected, as aforesaid, as assessors. 
 
 V, Piovided always. That when the inhabi- w ^.^ g 
 tanls of any of thesaid townships refuse or ne- in fefllon majr 
 gleet, for the lirst year, to choose assessors ac- appoint aflcf- 
 cording to the directions of this law ; then and in fcrs- 
 every such case, the justices of the peace, in 
 
 the General court of quarter sessions, shall ap- 
 point an assessor, or assessors, for the delinquent 
 township or townships; and, m every year after 
 the first, the assessor who officiated the year next 
 precedingsuch neglect, shall continue to officiate 
 in their respective stations, until another election, 
 be made, according to the directions of this law. 
 
 VI. The said commissioners and assessors, or 
 
 a majority o( them, as soon as conveniently they ^7flflr 7s7 
 can alter they are qualified as aforesaid, shall an- fcaii^dit ^ 
 nually meet at the place where the quarter sessi- county ac* 
 ons, and other cor.rts are usually held ; and then counts, 
 and there, oral such other times and places as the 
 
[no] 
 
 commissioners, or a majority of them, may then 
 after appoint, shall calculate the public debts 
 and charges of the said respective counties, al- 
 lowing all just debts and demands which now 
 are, or hereafter shall be, chargeable upon the 
 said respective counties; and shail r from time 
 lo time* adjust and settle the demands and sums 
 of money, -which justice and public convenience 
 8Tefc iro- require should be raised, yearly r to defray the] 
 Bie for build* charges of building and repairing of eaurt-hous- 
 pafriug d P bUc es ' P rsons ' work-houses, bridges,, and cause-; 
 work*, aud the wa ys at the e.nd of budges, or for destroying 
 wolves, foxes and wild- ca Is, with such olher us- 
 es as |rja y rec | oun d to |h e public service and he* 
 iiefitafthe said counties,, respectively r And 
 shall,, also, ascertain and set down such com pe- 
 lentsum and sums of money as shall be, yearly, 
 applied towards any of the said services^ lage- 
 iherwilli smhsums, as may benecdful, to make 
 good deficiencies in county rates assessed, and 
 not then (and which probably could not be) eol~ 
 lected ; and to enforce the collection thereof, as 
 occasion may 'require* 
 
 VII. The said commissioners or two of them, 
 to ^ n evei 7 county, shall within six days after their 
 certify, yearly said annual meetings, issue forth their piecepls, 
 10 the comiifi- directed to the constables ofevery township, re* 
 c**of e rr" 1 ' 1 9 u ^" n g them to bring lo ihe said assessors, with, 
 fons & eftmates in. six weeks next alter the da.te of such precepts^ 
 'with in their lair and true certificates, in willing,, upon their 
 oaths or affij matrons, of the names and sur name* 
 of all and every the free persons dwelling, or re- 
 tiding within the limits of those townships or 
 places, with which they shall be charged: & ihe 
 names of all free men, in males, hired servants (be 
 ing twenty one years ofa^e) ^ whether DiofiuhleQ 
 
[ III ] 
 
 chargeable to theemployeTS, and all persons re- 
 sidin^ or sojourn Ingni every of the said townships/ 
 to2>eihei? with ait account ot what tracts di par- 
 cels of land and tenements, houses, eabbins or 
 other buildings wherein. people d welJ r with their 
 peculiar advantages^ as more or less valuable, 
 vvhich they hold in such townships ;; and how 
 many andwhat parts of those tracts f land Chou- 
 ses and cabbins r are settled en, or rented,, im- 
 proved or cultivated; and how much of the same, 
 tartd is sowed^ planted or improved ; find all wa- 
 rerrn Life,, whether for grinding or sawing ; and 
 all fulling- mills and oil- nulls; and 'all keel and 
 batteau-btult boats, of the burthen of twenty bar- 
 rels and upwards ; and every ferry, and other 
 species of property, producing a yearly income ,- 
 and Uow many bound servants, and of what sex, 
 rath theirages, arid what stock of cattle, horses 
 and mares, each rising three years old, they pos-| 
 sesG without concealment, fear, malice, favouror 
 affection, upon- pain of forfeiting any sum not 
 exceeding twelve dollars ;. to be levied as by this 
 law is appointed and directed.. And every of the 
 said cons fables shall,, by au order horn- one or 
 more of the said commissioners, haveandreceive P enfatum * 
 !from thetieasurersof the said counties, five cents 
 for,evety three dollars assessed, for their care and 
 trouble in executing and 1 returning the said pre- 
 cepts, in manner aJoresaid* And' the assessors 
 for the said respective townships, or a majority 
 or ifietn^ meet at the day and place where- the AiTeffiTrt, en rr> 
 oomtuisMDfief?* precepts^ to the constables ^are.ceiving 'ci.ntta^ 
 jnaderelaniabla, and then and there receiveltha b s :ti> returns, 
 cansrables^ returns, and shall, thereupon, Jb^^S. & 
 the oaths or affnma.tioris of the said eons^bL-s,. i cv u/, & how, 
 or other credible persons, or by any olher lawiul 
 
ways or means, inform themselves what persons 
 and estates, in their respective tow lu hips, are 
 rateable by virtue of this law : and tlie yearly va- 
 Itie and profit accruing from the same : and shall 
 forthwith, equally and impartially, assess them* 
 selves and all others rateable, as aforesaid : hav- 
 ing regard to the said yearly value or profit, and 
 exempting out ot such assessments, all unsettled 
 and unimproved tracts or parcels of land : and 
 having due regard to such as are poor and indi- 
 gent, And no single man who at the time of 
 assessment, is under twenty one years of age, or 
 lurh not been out of his servitude or apprentice- 
 ship six months, shall berated by this law. But 
 as to those single men whose estates shall not be 
 rated at one hundred dollars, they shall be assess- 
 ed after the rate of fifty cents a head, upon a 
 tax of twelve and a half cents, per two hundred 
 dollars; both for poor rates and county le- 
 vies. 
 . VIII. Provided always^ That no assessments 
 
 p.ot to exceed t 111* / i i 
 
 7> cent per P* county rates, to be made by virtue of this law, 
 toodoliars and in any oneyear, shall exceed thevalue of seven- 
 one -dollar per f y f ive ceil i s i n every two hundied dollars, in 
 c * tlie estimate ; and one dollar per head, on single 
 
 men, not having visible propeity to the amount 
 or one hundred dollars, real value. 
 Duties of juf. /^ Whenever any Wolves, Poxes or wild-cats 
 tice A a to wild are killed within the inhabited parts of any coun- 
 aninuli killed. tv> by the citizens thereof, he or they who kill 
 such wolves, foxes or wild'cats, may bring the 
 Iieads of them to some justice ofthe peace for the 
 Cvjimty where they are killed; who is hereby 
 empowered and required, to examine the parties 
 producing such head or heads/ or, at the dis- 
 cretion oi die said justice, to charge him or them., 
 
iipon oath, or affirmation, to declarer here those 
 vvolves, foxes or wild-cats, whose heads they so 
 produce, were killed and by. whom : and if it 
 shall clearly appear, to the satisfaction of such, 
 justice, that those heads were severed frcm 
 wolves, foxes or wild cats, so, as aforesaid, pro- 
 ducing the same; & wilhin the inhabited parts of 
 the county; the justices, before whom suchexami- 
 Tiation is taken, shall cause the tongues and cars 
 of such heads to be cut off, and upon proof trade 
 as aforesaid, and not before, sl'all gran tan order 
 upon the treasurer of the county, where such 
 wolves, foxes or wild-cats aie killed, reciting 
 therein, the si.bslanceof the proof, and requiring 
 the treasurer to pay the paity after the rates here- 
 in after appointed, for each head; that is lo 
 say : 
 
 For every grown dog or bitch-wolf, two dol- R att9 e f 
 lars : ment for their 
 
 For every wolf puppy, or whelp, one dollar; head$ - 
 
 For every grown fox, or wild-cat, twenty five 
 cents i 
 
 For every young fox, or young wild-cat, twelve r 
 
 i i ,r 7 ; ' Treafurers -to 
 
 and a half cents. ro .ke entries 
 
 The said respective sums of money, with the thereof, 
 names of the persons to whom payable, and ihe 
 particular uses to which they are appropriated, 
 shall be entered in a book to be kept by ihetrca 
 eurers of the respective counties, tor that pur- 
 pose : who are hereby required at their own 
 charges to provide books wherein they shall c * r tifiby 
 make such en tries accordingly. 
 
 X. All accounts of debts and demandsjustly 
 chargeable upon the said respective counties, 
 shall be allowed by a majority of thecoinmisson- 
 ers and assessors of the same counties , who shall 
 
C M4] 
 
 certify sncn allowance, accordingly, by indorse* 
 ment on the accounts ; and shall cause the n am eft 
 of the creditors, and the sums so allowed them,, 
 to be entered. in a book, which the said commis- 
 sioners shall prepare and keep for that purpose, atfc 
 
 to^bcTYpporot-'the charge of thesaid respective counties. 
 
 ed. XL The said commissioners and assessors at$ 
 
 their firstannual meeting, shall appoint pome fitt 
 
 person, in evry township, to be collectors oft 
 
 thesaid assessments, from time to limo: and! 
 
 shall cause fair duplicates ofihe assessment of eacht 
 
 township to be drawn one part thereof shall,, 
 
 Thei r duties, by the clerk who writes the same, be deliveiedl 
 to one of the said commissioners of the proper 
 county, and the other part, to the collector off 
 each township, -with directions from the saidi 
 commissioners to every such collector, indorsed 
 on his duplicate, or annexed thereunto, requiring; 
 him to demand of the parties, the respective sums* 
 of money wherewith they are charged ; and ac- 
 '-quaint them of the day of appeal, which shall be ap> 
 .pointed, by the commissioners, within one month 
 ) after thesaid assessments are made. But, where: 
 Uny of the said collectors cannot meet with the: 
 'party, of whom demand is to be made, as afore- 
 said, he or they shall. leave notice, in writing, , 
 \vith some of the family, or at the place of the: 
 .party's last abode; signifying, also, the day o(! 
 appeal: at which day every of the said collec- 
 tois shall 'return their said duplicates with the 
 
 Partle aggrtev ' na mesof such persons and value of such esralesi 
 may appeal ^\ be concealed, undervalued, or omitted; 
 
 to the . . 
 
 oneri. in the constable s return. 
 
 XLL If any person or persons find him or 
 Cbert*. themselves aggrieved with any ofthe said assess* 
 
 ments, supposing the same to be unequal, he or 
 
* tkey may appeal to Hie said commissioners ofllie 
 a proper county who are hereby required to meet 
 
 on the-* said clay of appeal; arid then and there 
 > theV^sessors., shall attend and lay before ihe 
 I 1 commissioners', all the written certificates of the 
 
 names of the persons'subject to the tax: with the 
 ^account of their several estates returned by the^ 
 ! constables,^ as this law requires ; together wkh 
 ! the particular valuations set, by the assessor, up4 
 I on the persons and estates., so returned. WhereH 
 i upon, the commissioners shall take due notice. 
 . thereof, and strictly examine the persons appealA 
 i iug upon * iheir oaths, * affirmations or other- 
 [ wise, concerning the cause of their appeal: and 
 1 upon such examination, orproof of others, they. 
 1 are hereby empowered to diminish or add to such 
 ^ persons' rale or assessment, as to lhe. % n shall seem, 
 5 just and reasonable; with power, also to call be- 
 $ fore them such persons, and to take notice of 
 ' such estates as they find are omitted in the said 
 1 assessment, in order loiecliry it. If the persons 
 1 so omitted, refuse or npglect to appear and give 
 1 an account of the. value of iheir estates, they, 
 I shall pay double the suiti they shoulder ought 
 ' to have been rated at by this law. 
 
 ;V Xllf* The said commissioners, upon hearing v^ ^ 
 
 f. i . ! -i i 11 ' r i- " rurtner pro> 
 
 ofthesaid appeals, shall rectify and adjust ihe cccdiocs.^" 
 
 ij said assessments, by abating on, oradding to the 
 sums contained in the said respective duplicates;, 
 and cause their clerks to give the parlies concern*' 
 ! cd, where omissions are supplied, or additions 
 1 made to their assessments, five days notice, lo 
 ' appear before the commissioners and make their 
 objections thereunto: and the said clerks shall, 
 within ten days next after the said clay of appeal, 
 
 deliver to the treasurer of ihe said respective 
 
 o 
 
Dottct in ee~ 
 
 eo'.mties a true accountof the sums total thatev 
 ry collector shall be charged with, pursuant I 
 this law. 
 
 XIV. The said commissioners snail cause tftei 
 clerks to draw fair duplicates, of the assesmentso 
 the said townships, so rectified as aforesaid, an 
 deliver them to Uie collectors ol those townships 
 where they belong, within twenty days after the 
 said day of appeal, with a warrant annexed there- 
 unto, under tne hand -and seal of one or more of 
 the; commissioners who signed the assessment?, 
 lequiring them forthwith to collect and receive, 
 from ihe persons assessed, the several sums in 
 the said duplicates respectively mentioned, either 
 in ready money, orders of the commissioners on 
 ihe county treasurers for services rendered, la 
 boue done or materials furnished to and for the 
 use of the counties respectively, or orders of the 
 Justices of the peace for wolves, foxes or wild-cats* 
 heads, warranted by this law. 
 
 xr. The said collectors shall, once in every 
 six weeks, at least, render* just and true account 
 of, and bring in and pay unto the respective 
 conty treasurers, all such sums of money, and 
 orders on the said trea*urers,as they^ shall have 
 ihen received ; and shall pay the whole and e- 
 very of the suras f money assessed in their res- 
 pective duplicates, within ihree months next af* 
 ter the said days of appeal; and the treasiuers shall 
 give receipts to I he collectors for \\hat ihey shall 
 so bring in, and pay Ironi lime to lime* Whieh 
 receipts shall be the collectors' discharge for so 
 much* 
 
 X^/. The said treasurers shall, from rime lo 
 certify the fame t j me? signify, in writing to the said commissioner?, 
 mujh every collector brings in and paj s> as 
 
 C*!tedorf to - 
 pay, e-vtry fix- 
 'weeks, public 
 monies, &c. 
 to the county 
 tteafuricft* 
 
 to 
 
aforesaid. And, when any of the said collectors tfce ntle&8 of 
 .-are negligent, or refuse to do their duty in the pre- celled*., 
 jnises, the treasurers are hereby required forth- 
 with to signify the same, by way of complaint 
 lo thecommissioneri, where such neglect or refuc 
 : sal shall happen. 
 
 XVU. If any person or persons, so rated or as* Pc " r ^<>' afTefled 
 :isessedby virtue of this law, shall refuse or ne- * fc^"* ^ 
 loot to pay the sum orsums so assessed, in ready proceeded 
 ;money, or in orders on the treasurers, warrant- a 
 ed b) this law, by the space of thirty days after 
 demand made, as aforesaid ; it shall be lawful for 
 the said collectors respectively, by virtue of a 
 ::special warrant forthat purpose, signed and seal- 
 : ed by two or more of the said commissioners (who 
 shall forthwith grant the same) and shall thereby 
 empower the said collectors to call to their as- 
 sistance, if occasion be, any constable or other 
 person/and iacase of resistance, to break open, in 
 , the day time, any house, trunk, box, chest, closet, 
 ^cupboard or other thing where any such offend- 
 ers goods, chattels or effects are supposed lo be ; 
 ;; and make distress and sale thereof, after adver- 
 ;; tising thesarne fivedays; rendering the overplus," 
 u if any be, to the owners, after reasonable charges 
 'deducted. But, if no distress can be found by 
 :: the collectors, and the party refuses or neg- 
 lecls to shew them goods or chattels of his own; 
 i forthwith to satisfy the money then due, with 
 i reasonable charges; then the collectors shall 
 ?i. rake the body ot every such person, and him de- 
 H|liver to the sheriff or his keeper of the county 
 jail, who shall detain him, in safe custody, with- 
 1 out bail or inaiuprise, until payment be made : 
 < : the nroof of which being made, shall, to the she- 
 *i rifr, be the collector's receipt. 
 
tit*] 
 
 be Provided always. That wKcrc 
 
 UcTjT cannot be found, sufficient to answer the whole; 
 sum inarrear, with charges as aforesaid ; them 
 distress shall be made for so much as the effects* 
 extend to, and the party to 'be imprisoned only? 
 for the residue thereof, with incident charges:: 
 all which charges of distress, assistance and! 
 bringing to prison, shall be adjusted and settledl 
 by any two or more of the said commissioners,, 
 when such occasion shall happen, 
 
 XIX. If upon complaint of the treasurers to& 
 ib?eb $ '.fi!ie l al!d l . h . e commissioners, as before directed to be made,, 
 tafc oJf.JE. i l s ^ a U happen that any of the collectors refuse 
 or neglect to pay the said sums of money, or o- 
 ther effects, which he pi they shall respectively,, 
 be charged to collect; or to produce receipts, tes- 
 tifying the payment or delivery thereof, as afore- 
 said; or to deliver the money or orders on the 
 treasurers, by them received and required ol them; 
 by this law (first retainingsuch sums as are here- 
 by allowed far collecting and paying the same) 
 then the commissioners of the proper county, or 
 any two of them, shall fine every such delinquent 
 collector in any sum not exceeding double tha 
 sum in which they are delinquent, and appoint 
 others in his or their stead,. as collectors. 
 
 Thcif bodies XX % It shall be lawful for the said commissi- 
 wud eftat r . - ners f tri e proper county, or/any two of them, 
 hl f , " and they are hereby required^ to meet and issue* 
 
 their warrants, under their hands and seals di- 
 rected to the sheriff or coroner of the proper 
 county, requiring him to take the body, and! 
 seize and secure the estate, real, arid personal*, 
 belonging to. such delinquent collectors, on: 
 which shall come to the hands or possession of] 
 his or their heirs, executors or administrar 
 
r "9i 
 
 rors, whereby the same can be discovered or 
 ; found in the Territory * and make return ofliis 
 proceedings therein, at such time aud place as 
 the commissioners shall appoint. 
 
 XXL The said commissioners who shall cause j ?ow 
 the said lands and estates to- be seized and se- tatei (ball be 
 .cured, as aforesaid, shall, and are hereby cm- Md 
 powere 1 to appoint a time tor a general meeting 
 of the commissioners .of each county; and to 
 cause public notice to be given, where such 
 meeting shall be appointed* six days, at least t 
 before such general meeting : and l|e cominii- 
 sioners, then, present at such meeting, or tbenia* 
 jor part of them, in case the money detained 
 by such delinquent collector be not then .pai'4> or 
 satisfied, shall, and are hereby empowered and 
 required to issue forth, their warrants, or pre- 
 cepts., to the sheriff or coroner of the proper 
 county / requiring and commanding him to sell 
 aud dispose of all such estates as shall, for the 
 cause aforesaid, be seized and secured, or any 
 part thereof; and to bring the money, arising, 
 oysuch sale, to .the commissioners who granted 
 such warrant ; in order tosatisfy and pay.uuto the 
 respective'county treasurers, for the time being, 
 the sum or sums of money tliakshall be so un- 
 paid, or detained, in the hands of the said col- 
 lectors or other 'persons, their heirs, executor* 
 or administrators, respectively; with damages 
 for what shall be so unpaid ; returning the over- 
 pins, if any be, to the owner, .after all necessary 
 .charges deducted* 
 
 XXII, When any sale of lands, tenements or An ^ t l)e flerUf 
 hereditaments shall be inade by such sheiiff or convey 
 coroner, respectively, the title and conveyance 
 thereof shall be by deed, signed, sealedand de- 
 
veyance of his 
 eiUte, while 
 Jslinquenc, 
 deemed void 
 as to the pub- 
 lie. * 
 
 liveredby the sheriff or coroner to such persou 
 or persons as shall purchase the same, in fee. 
 simple, or otherwise,: which shall be most ab- 
 solute and avertable, in law, against the said de- 
 linquents and their heirs and assigns, and all 
 claiming under them. 
 
 XXI 1L All gifts, grants and sales which shall 
 
 Calif Aor's con- be made by any of the said delinquent collectors, 
 or other officers, respectively, of any of their 
 said estates, after the time they should have 
 paid the money or efiec ts arising from the said as- 
 sessments, unless the estate, so seized, be suf- 
 ficient to answer what they shall be in arrear, 
 are hereby declared to be fraudulent, and shall 
 not prevent or avoid the seizure and sales, here- 
 by appointed, to bs made thereof, as aforesaid. 
 
 Perfom having JCXIF. All freemen, not being householders, 
 
 neither houfes nor having a certain place of abode, and all the 
 said hired male-servants; shall be taxed at the 
 place where they reside at the time of the con- 
 stable's taking their names, as aforesaid ; and eve- 
 ry householder shall, at the request of the said 
 constables of the respective townships, give an 
 
 Penalty on per* account of the names, qualifications and estates 
 of such persons as shall sojourn, lodge or dwell 
 in their respective houses/ under the penalty of 
 five dollars, to be levied, charged, and paid in 
 jmanner aforesaid. 
 
 XX.V. If any such freemen shall not be found 
 at such place of residence, nor within the same 
 township where their names were taken, as afore 
 f or said, at the time when such respective collectors 
 
 others : shall come to receive such householder's assess- 
 
 ment; then, .unless such freemen or servant 
 hath, by himself or friend, paid; or, unless 
 such householder or employer doth pay the same 
 
 oor certain a. 
 bodes, how to 
 be taxed : 
 
 fons keeping 
 
 and ne- 
 to 
 
 turn their 
 Barnes. 
 
 
 Householders 
 in what cafes 
 
[ I" J 
 
 for him, upon demand made thereof by the 
 lector? it shall and may be lawful, for every such 
 collector, to make distress and sale ofthenouse- 
 holders or employers -goods and chattels, for the 
 same ; rendering the overplus to the owner, as 
 aforesaid: and every- such householder, or em- 
 plover, shall recover the same from every such 
 freeman, .with charges, by warrant from any jus- 
 lice of the peace in the proper county, as in the 
 case of debts under twelve dollars*. 
 
 XXW t If any of the said commissioners 
 shall refuse or neglect to do his or their duly, in ^bufing their 
 rhe premises, he or. they, so offending, shill be "^'dtrhVfi 
 fined by. the justices of the peace of the proper "ndloU of office* 
 county, for the time being,, at their court of 
 General quarter sessions of the peace, next after 
 the said offence is committed, in any sum not ex- 
 ceeding one hundred dollars* for every offence, 
 which, by virtue of a warrant under the hands Proceeding! 
 and seals of the said justices, or any two of them, herein. 
 directed to the sheriff or coroner of the county 
 where such offender, or his estate, is, at the 
 lime of issuing such warrant, shall be levied by 
 seizure and sale of lands, distress and sale of 
 goods or imprisonment ol body, as the case shall 
 require: and from and after such refusal or ne- 
 glect, or if any of the said commissioners shall 
 misbehave themselves,, or happen- to die during Commiffioner* 
 the time lor which they are appointed, the jus- ^eh^ve! to b^' 
 lices of the peace, at their General quarter ses replaced by the 
 sions next after each death, refusal, Biisbehavi. juices, 
 our or neglect shall, in every such case, aonoint 
 others to act in their stead. 
 
 XXV1L If any of the said' treasurers shall re- r , 
 
 / *i i i 1*1 * reaiurer* c 
 
 luse or neglect Lo do his duty, as by I his law* is bijhg thoir 
 required, he shall beluied, by two or uioie of trail," to be fined* 
 
 
** 
 
 P 
 i( 
 
 (Tcii'rt. 
 
 t on 
 
 bnf- 
 
 Hie commissioners for the county where lie iff 
 * deficient in his duty, in any sum not exceeding 
 ihrre bundled dollars, (or every offence : whicuj 
 shall be Jeviod, as aforesaid, by virtue of a war-] 
 rant under ihe'liands and seals of -Iwo'onnore ol 
 ihe nn:c commissioners, directed as aforesaid. 
 
 YAV'7//. If any of the stfid assessors shall re-1 
 fuse nr ncg-ecl: 16 do their duly, as this law re-i 
 ihcir uuft. quires, the commissioners of the proper oouutyJ 
 .or any two of them, stall fine -every such asses-] 
 'Sor, in ai:y s:nn not -excc*-eding -one Jumdiecl 
 -dollars, which shall be levied by one of the same 
 commissioners warrant, in mann-er .aroiesaid. 
 All which hues and foireirnres mentioned in i[,[$ 
 lavv^ shall be levied as aforesaid, and shall be] 
 paid and added to the public itock, or fund, ol 
 the respective counties where they slvall happen. 
 XX l-^ The said commissioners shall be al 
 lowed seventy live cents for every clays atten- 
 dance, besides twelve cents and a half for every 
 'preceptor warrant they are to sign by direction 
 oflhislaw; which, with reasonable charges to 
 be allowed their clerks, for delivering the dupli- 
 cates and for other services, besides writing, as 
 jth.e said commissioners in their respective conn- 
 lies, by order under the han'ds of two of them 
 shall think fit to allovy, shall be paid by the res 
 peelive county treasurers. 
 
 XXX. The said assessors, for their time and la* 
 bour in the premises, shall be allowed three per 
 centum on fhe whole sum contained in the rates 
 of their respective counties, after the assessment 
 is rectified and adjusted by the commissioners 
 and assessors, according to the directions* of tfais 
 law, to be paid by the treasurer ot the proper 
 county, upoa sight of ihe co-minmissioner's order 
 
 /11 fin** to go 
 to the county 
 
 Compnf*t"on 
 
 to 
 
 ers. 
 
 * 
 
for tli e satne,-; and to be equally divided among 
 them i which, said three psc cent it in slull be to 
 llie assessors, iorlhe time being in full satis- 
 faction for all the service and attendance requir- 
 ed of them by this law. 
 
 }>XI, The said^ol!ectoTs shall refain ia ihoir To eol!e<!t0r* 
 liandsone perf centime, for- all sums of money by 
 them, respectively, collected; ^together wild 
 what they shall pay to the assessors, as aforesaid. 
 
 XXX1L Those ihat oliiciale as clerks shall 
 for their pains in writing duplicates, and ail-To the 
 warrants and precepts reUting to the premises 
 have and receive the sum of eighteen dollars / 
 which the respective county treasniers are here- 
 by required to pay to tliem,on warrant from the 
 commissioners, or any two of them. And if a- 
 ny of the said clerks shall neglect to do his or 
 their duty, as by this law is required, he or they 
 shall be lined, by the commissioners of the pio- 
 per county, in the sum of ten dollars, each ; to 
 be levied and paid, as aforesaid. And in case 
 oftheLdealh or .neglect of any of tfie said clerks 
 the commissioners shall, forthwith, % appoint 
 others in their stead, 
 
 XKXlll. P/oviJcd always* That if any per- Parties 
 son or persons be sued or prosecuted for ajiy ma ? P lcaii 
 thingdone, in pursuance of [his law, he or they j ueral * 
 may plead the general issue, and give^thfs Jaw 
 and the special malter in evit^ence, Jor.j;lrei[: : jus- 
 tification. And if the plaintiff or pfoseeliLai'b^ 
 come nonsuit, or forbear pro^ecul!o,), ; or ^offb 
 discontiiuiarice ; 'or, if a verdict pass a'gainst Turn Me ceil*, 
 in such actions, 's'u it or in forma lion,- the defen- 
 dant shall have double costs /to be recovcied 
 as in cases where costs are, by law, given to % the 
 
C "-i 3 
 
 t, . Piovided ah^ys, That r.o jerscm 
 
 be tirooghc or persons shall be sued, cr prosecuted, ror ne- 
 rvvelvc.g| et t iji the execution of this -iaw,- unless he pr 
 atter *- brfSised or pio*ecuted within twelve months 
 
 cec. r ' . ,. . , 
 
 alter such orlentes aiu com-nntted; 
 
 XXXf* The treasiuers ol every county shall 
 to b - appointGU'by tho overnoiir ;> b jr^ before they 
 the enter upon tin? execution of ih:ir offices, rcspec- 
 $ tively,' they shall become bound to ihe i^u/er- 
 Ciyoo nour, aa'Vhis successors, v/iii one or more su 
 iicieiit sureties, in an obli^.uioa in the sum of 
 one thousand dollars ; ctxiJllioae'l for the true 
 execution of their respective ofiices, and punctu- 
 al observation of their d.!!.y } as requiro-j by this 
 Lt'A". And in case of the death or removal out of 
 the county, of any of the said treasurers ;. then 
 llu com imssiori errs and assessors of the proper 
 county, for- the time 'b6ing % or a- majority of 
 them, shiH appoint others to supply the places 
 erf such as shall die, or so remove, from time to 
 time ; .who shall, forthwith, signify such ap- 
 pointments to the govern our for -his" approbation, 
 ,or further appointment,* and 'give secnrUy L.i 
 they re- manner aforesaid. The sajil treasurers shail 
 keep adishiictbooK, in every county, con lain- 
 to ing a particular account of all the rales and as- 
 otberu sessments- ur-ide, or to be mado, as aforesaid/ 
 as also of all disbursements and payments, maci** 
 by order of the coinmbsioners, by virtue of this 
 law. 
 
 XXXFJ1 The county treasurers shall, yearly, 
 
 and asjesiors, a majority of whom- 
 gjve altend^ace lor that purpose j and shaij* 
 
[ "5 1 
 
 lave power io adjoura, from tline to tune, rill 
 ihesaid accounts aresetded. And the said trea- 
 surers shall be allowed lor their trouble in re- 
 ceiving and paying all such monies as sliall come 
 into their hands respectively, bylavv, so much as Cora P n <Vi<fa 
 ihesaid commissioners and assessors or liic ma- 
 jor pirt of them, from time to -time, shall judge 
 reasonable, 
 
 XX\Y1I Where any county treasurer sliall be j n ea fe e f t 
 removed from his ofrice, ef treasurer, he shall treafurer's re- 
 deliver up to the succeeding treasurer all the moval from of- 
 books, public accounts and papers belonging to llce hc lo dclt " 
 
 .1 i j l * i i P , ver o *c. t 
 
 Uie counties where he acted, whole, entire and bhfocceflbr.cr 
 nu defaced, under the penalty of five ^'hundred forfeit 500 doi- 
 cioliars; to be recovered in manner and forlhe 
 uses iierein before mentioned. And^where arty 
 Bounty-treasurer hath been removed, "by death, 
 the executors or administrators of such decedent 
 sh:i!l deliver, in lite manner, all the books and 
 papers relating to the said public accounts, to the made 
 succeeding treasuier, under the same penalties, 
 and to be recovered as aforesaid* 
 
 XXXv l tf. No person -who is, or hereafter shall _ 
 
 i r No commiUioa. 
 
 be, appointed a commissioner ror any county, cr $toferve 
 shallserve, as a commissioner, for any longer longer than 
 lime than the space of three years, at one time. tbrceyear: 
 
 XXXi X. The commissioners and assessors and 
 treasurers of file several counties shalj, at the re*' 
 specrive courts of General quarter-sessions of the A . nDDjr! 
 
 , , i * i.;* , c . "* f of 
 
 peace, to be liolden for the respective conntids er s, 
 next after mid-summer day, yeaily ex-liibit lo and 
 and lay before th'e justices 'and grand-juries of the 
 said respeciive counties ro which they belong, as 
 yveli the boois o^ on tries and accounts directed 
 b) ihislaw to be kept by the treasurers, as 3 tfire 
 aiid.particukr accouat 'ot ail tlic monies by 
 
assessed and raised, by virlueof their several o 
 fices / as also an account to whom and for wha; 
 use, or uses the same money, and every partgnc 
 parcel thereof, was paid out again ; with the? 
 proper vouchers if required: which bpoks' ac- 
 counts and receipts, or vouchers, being seem 
 and examiucd, by the justices and grand juries> 
 cf Ihe said" respective counties, shall bedeliveiedJ 
 back, safely and willidut alteration, lo the re- 
 spective treasurers ; and the accounts shall be 
 filed, and kept among the records and .proceedings? 
 of the said courts ot General qnarter sessions oil 
 the peace for such counties, 
 
 XL. The grand juries, commissioners and! 
 grand j* assessors, 01 a ma only of them, v\irh the con*- 
 77, co)mifflon currence of thn Justices of the General quarfer* 
 e Von*, sessions of the peace, shall beahe solefndges of 
 of the the place wlieie any 'Bridge ^liall be built and 
 to fee maintained over any ureek, or rivulet, within the' 
 
 r!d 6 eJ re9 l rectivle counties ' to whic hthey belong: andi 
 be buift : ^he commissioners and assessors, or a majority 
 of them, with the concurrence ofthe justices of: 
 ihe said respective counties, at their rgrpectivJj 
 Geneial quarter-sessions or the peace! shall agred 
 
 fnvrcrs enH a f- with workmen for building, repatringand mdin*' 
 fi P rn W cr. *' tairlin fi an T M.gfeor bridges ordered to be built: 
 tcnce nreio a- or repaired, as aforesaid, within their respective 
 !r with the countries : and the commissioners, for the time 
 being, shall allow of, and order rhe monies be*> 
 
C'*7 3 
 
 looming "due for fhe same, to be paid by iliere-'be 
 mpecliye county treasurers, accoidingly. *'* 
 
 % I * >. 
 
 foregoing is hereby declared to be a law 
 cfthe Teiritory ; to take effect on and from rhe 
 first day ct October, next ensuing : IN 7 F.S- 
 TiMONY whereof, ws Arthur St. C/nlr, 
 John C/sves Sy-mmzs anJ George Turners have 
 cau^erfthe ical Oi llie 'I'enltory to be thereunto 
 affixed, and signed the same with our names. 
 
 AH. Sr. CL/ l, 
 JOilNC. 
 
 TEPRlTORYCFTHEUNmD^TATkS 
 NOB T H-WEST Of THE OFHO. 
 
 A LAW for the relief of trie 
 Poor. Adopted from the 
 Pennsyivanian code, and pub- 
 lish&l at Cincinnati^ the 
 nineteenth day of June \ one 
 llionsandt seven hundred and 
 ninety- fiuei by Arthur \St. 
 /a TT. CtAia, Clair, governoui* and Joha 
 JOHN c. SYMMES, Qeves Svmmes and George 
 
 O. ICKLt. rv . i 
 
 - f urner, judges^ in, and over. 
 
 the said Territory. 
 
 Sect. I. *TT HE justices of the pparc of the re- 
 I spective counties at this Territory, 
 orany three ohhem, <jt ever) Cist session, of the 
 rowtof* Geueral quaner-^e&sioDs of the |>eace, 
 5 earl) and every \ear, alier thelirst day of lanu- 
 &iiall iK)rainate and appoint I VYO substantial 
 oi every towii^Lip ? -wrthia tlitii lot 
 
specttve jurisdictions, to be overseers of the 
 Pallet of oter- p Oor o fsuch iQwnships : for which purpose, ihe 
 
 oat * i rr i it A . ' , 
 
 overseers going outer office, shall, on the day 
 
 aforesaid, jehmi to the said justices, the names 
 of two, or more, .substantial inhabitants, for e- 
 \ery township ;out of which number, successors 
 in the said office sliall.be appointed by the said 
 justices,- forlhe ensuing year. And if any over- 
 seer shall refuse or neglect to make such return, 
 as aforesaid, he shall forfeit and pay any sum, 
 of-exceeding twenty five do!la#& 
 
 1L Provided always^ That tlie overseer os 
 overseers, making such return, shall give notice 
 thereof,- in writing,' at least six days before the 
 first session of the court aforesaid, to the person 
 or persons, -whose name or names are so !o be 
 returned % or leave the same at his or iheir dwel- 
 ling-house, or place of abode, 
 
 Power of ju?U- '^- And if any overseer shall dire, fail to make 
 ces on ovci feer's a proper return, remove, or become iurolvent, 
 or in- beioie : the.-expiraUon of his office, tv\o of the 
 ga jj j ust i ces .respectively, on due proof being 
 thereof made belore them, sh ill appoint another 
 ill his stead. Every overseer, so nominated' a. id 
 appointed, shall, before he -enters upon the ex 
 ecution of-his -office, takean oath .or affirmation, 
 respectively, according u< law ; (wSrich any jus- 
 lice in the county .respectively is^hereby autho- 
 oath r j se( j an j empowered to administer) that he will- 
 discharge the office of overseeroHhe poor, truly, 
 faithfully and impartially, to the best, of his 
 knowledge and ability. 
 
 IV. It shall and may be lawful to aiivl for the 
 Power and doty overseers of the poor, of the several townships, 
 SiV having first obtained the approbation of any two 
 for relieving justices of the peacsr in the same county, to 
 xbc poor. 
 
jmake and lay a rate, or assessment, not 
 ing two cents, in the dollar, on the estimated 
 value of all the real and personal estates within 
 the said townships, respectively, a: one time, 
 an 1 severity five cents per head, on every free- 
 man not otiierwise rated for his estate, in every 
 tax ol two cents in the dollar f and so in pro- 
 portion for any less rate or assessment: wmch 
 said assessments may be repeated, by the autho- 
 rity aforesaid, as often-, in. one year, as shall be 
 found necessary for. the support of the poor; to 
 be em ployed, in. -providing proper houses and 
 places, and a convenient stock of hemp, flax, 
 thread and other ware and stuff, for setting to 
 worksuch poor persons', -as- apply for relief, and 
 are capable of working; and also for relieving 
 such poor,' old, blind, impotent andlame per- 
 sons, or other persons not able to work, within, 
 the said townships;* respectively; who shall, 
 therewith be maintained andproyidedfor. 
 
 V. It shall and may be lawful to and for the 
 overseers of the -poor of.the said township, to relieve .the 
 contract with any person or jperson=s- for a house poor, and haw. 
 or lodging, for keeping,, maintaining and em- 
 ploy ing any or alt such poor in their respective 
 townships, as shall be adjudged proper objects- 
 
 rf relief * andthei* to keep, maintain and em- 
 poyalisuch poor persons, an A take the benefit 
 
 >r their ;work, labour and scrcice, for and 'to- 
 wards their main taiiianoe and- support - and if 
 BSn P taHed er5Cm shalLrei ? se - to Dodged, kept? 
 
 %F^rt hnl '* lLmt }* eillitled ^cdv8reT 
 v, lomffie overseers during such refusal 
 
 In Tfc oy . c p cets of ^e said lownsiiips, ia. 
 ' the said rates, shall be guided by the 
 
C no! 
 
 Other duties of county assessment, on other occasions; having 
 oicf&trs; d uc regard to every man's estate v.ilhin the 
 
 /township so to be rated and 'assessed ; and shall 
 enlcr such rales 'fairly in a book, of which a fair 
 duplicate, signed by them, shall be delivered to 
 the Justices, v\'lio shall allow the same, if they; 
 find it just and reaspnable, without lee or re- 
 ward; and shall permit a ay i ah a hi tan I to inspect 
 the rates, at all seasonable riin-es, without auy 
 fee or reward ; and shall give copies, on de.mud; 
 being paid at the, rate of six cents, lor every 
 twenty /our* iraroesi and if any overseers shall 
 Pets airy on ne- not permit any inhabitant to inspect, or shall re- 
 glcft- fuse to give copies, as aforesaid, he shall forfeit 
 
 three dollars to the part} grieved, to be recovered 
 .as debt under five dollars, are^diiectedby law, 
 to be. recovered* 
 
 Vll. Ifany person or 'persons, so rated or as- 
 Rateabl P cr " sGssed in the said township, shall refuse to pay 
 ^ Ua> S i g be lhe 3um or s ums on them cnarged, it shall and 
 cwupcllc4. iway be .lawful to and for the said overseer, or 
 overfce'rs (having lirst obtained a warrant under 
 the hand and seal of any justice of the peace of 
 ihe county respectively,^ \vhere the said assess- 
 ineiitisraacle, and who is hereby empowered to 
 grant such warrarit)'io levy thesameon the goods 
 and chattels of the person-or persons so refusing: 
 And in case such person shall not, within five 
 days next after such distress-made, pay'the sura 
 or sums on rirm assessed, together with the 
 charge of such dislress t the said overseer, or 
 ov'eiseers, may proceed to the sale of the goods 
 cHslrained ; rendering to theownerthe overplus, 
 if any, that shall remain on such sales,- reason 
 able charges being first deducted. But where- 
 such person or persons have no goods and cuaw 
 
tels, Whereby they may be distrained. It shall 
 be lawful for the said justices, respectively fo 
 commit the offenders to prison, there to remain, 
 without bail or mainprize, until they have paid 
 the same' 
 
 VL1U Provided always, That if any person or 
 persons be aggrieved with sikh rate or assessment, 
 it shall be lawful for the justices of the peace, at 
 iheir next Generate] uarter-sessions for trie coun- 
 ty respectively, upon petition of the party, to lake 
 such order therein as to them shall be thought 
 convenient; and the same to conclude and bind 
 all parties , and the overseers slull forbear to pro 
 ceed in sucli sale, 'till the same be determined 
 in the quarter-sevsions, 
 
 IX* It shall and may be'lawful For the overseers 
 of the poor of the townships, aforesaid, by the p. 00 r children, 
 approbation and consent ot two justices of the 
 peace of the county, to putout, as apprentices, 
 all such poor children, vx hose parents are dead, 
 or shall be by the saidjusiices found unable to 
 maintain them, males till the age of twenty one, 
 andfemaks till the age of eighteen years, 
 
 X. No person orpersoris shall be admitted or Regulations a8 
 Entered in the poor book of any of the said town- t\> the poor, 
 ships, or receive relief before such person or per- 
 sons shall have procured an order from two 
 justices of the peace for the same. And in cass 
 the said overseers shall enter in their books, or 
 relieve, any such poor Jperson or persons, with* 
 out such- order, they shall forfeit all such money 
 or goods so paid or distributed, unless such en- 
 try and relief shall be approved of, as aforesaid. 
 
 XL The free male inhabitants of every tow a- OveHeers' tc- 
 ship shall, on the day of their annual election lo counts, how t* 
 choose assessors, .yearly and every year, choose e e} * nd 
 
fey tickets in writing, three capable and dis- 
 . c *" eet freeholders, to settle and adjust the accounts 
 ri. of the overseers of the poor or' the respective 
 
 townships, for the preceding year : and the per- 
 son who shall have served the office of overseer, 
 shall, on the said day, or any other day, which 
 the said freeholders, so chosen, shall appoint, 
 within fifteen days next after, deliver a:id render 
 to the said freeholders a just a ccoujii- in writing, 
 entered ia a book, to he kept for that purpose, 
 and signed by him, of all sums by him received ; 
 and also of all materials i hat have come lo his 
 hinds, during his onice or ihitsiull bsiu his 
 hands, or in the hands of any of the poor, tj be 
 wrought / dnJ of the prod :u:e of the labour of 
 the poor under hi care, and of ail money paid 
 by such overseers, and of all other things con- 
 cerning kis off! :e . which accounts, vvhen settled, 
 shall be signed by the said freeholders, orany 
 two of them, who shall have full power lo allow 
 Coach parts thereof oaly, as to. them .shall aooear 
 just and reasonable* 
 
 The poor to be XII. The said overseers shall make fair en 
 entered in ovr- tries, in a, book, of the names of all the poor witl.e 
 
 f * L 1 ~" 
 
 baok. in their respective towns-hips; with'heUme when 
 each of them became chargeable; and ofall cer- 
 tificates delivered to ihem, ami by wlio:n % wirli 
 the times when the s.nme' were delivered: f v >r 
 - f . which . lrouble,lhe said ireeholdcis, or any two 
 
 vfunprrtation . i 11 i i ' 
 
 t oveireers, or them, shall on settling their account*, make 
 haw made. such allowances as they shall jjiJge reasonable. 
 And if any of thesaid overseer* appeal to ilie next 
 court of General quarter-sessions ; who shall, on 
 petition of the party, take such Older lUcieio,and 
 give such relief as to them shall ai^pear justiaud 
 teasonable, & ike same shall conclude all Dailies. 
 
The overseers of the poor of tlie town Duty of over- 
 ships within the several counties, respectively, feer a * r th - 
 shall, at least five days before the day of the an- 
 nual election to choose assessors, yearly andevery 
 year, durinr; the continuance of this law, give 
 public notice, in writing (by affixing r.liesamein 
 four, or moie, of the most public placet in iheir 
 respective townships) of the place where the in- 
 habitants and freehclders of the several townships 
 shall meet, to elec' the freeholders aforesr.id, lor 
 each ~.nd every of the said townships, according to 
 the diierticns of this law; wliichplace. so appoint 
 eel lor the said elcclion, shall be at or Gear the 
 center of the inhabited parts of the rcspectivo 
 
 townships. Uany person appointed as overseer 
 
 i . ! l . i, Penalty on n* 
 
 township, snail refuse or nee- i e a. 
 
 lect to lake upon him the said office, lie shall 
 
 oi the poor of any 
 
 forfeit tv\ehe dollars, to the oveisecrs of the 
 foor of the said townships, for the use of the poor 
 thereof; which s lull refuse or neglect to male 
 and yield up such books and accounts, within Delinquent or 
 the time as aforesaid ; or if any such, whose of- verfeert haw 
 fice shaii expire, shall icfu^s or neglect to pay o- P uaifliabl0 * 
 \erthe money, and deliver up ihe books afore- 
 said, and every other thing in his hands, con- 
 cerning his said ofb'ce, to his successors ; or 
 shall refuse or neglect to collect and pay to such 
 successors, all such sunis-of money, as are col- 
 lected on llie rate, or assessment, at the expirati- 
 on of his ulfice ^vshich he is hereby emponered to 
 collect, by warrant to be issued under the hand & 
 seal of any one justice of thr peace in and for his 
 respective county) within tMriy clays after his 
 going out of oHice ; it shall and may be lawful Powentf^ 
 to and for any justice of the peace of the said juftice bcr?ia ' 
 county to commit such overseer to the commorf 
 
the ^freehold.* 
 
 re- 
 moving, how 
 enjoined. : 
 
 tutors &c. io 
 cafe of their 
 
 Cm] 
 
 jail, ihercro remain wiibout bail or 'main prize, 
 till such overseer shaJl^ive such accounts, anvl 
 pay and deliver up such money, books and other 
 tiiings r a* he ought in manner aforesaid., llany 
 person shall think himself aggrieved by the set- 
 tlement of his account by the said freeholders, 
 he may. (havingfirstpaiJ over tolas successors the 
 balance found in his hands, if any such 'here be) 
 forfeiture shall be levied by \\ananl from any 
 two justices of the county, or of the townships, 
 respectively, under their hands ?n;l sed!$, on the 
 goods and chattels of such jeison 01 person* so 
 neglectingor refusing, and sold within iiiee<Jays 
 next after distress ma ? e~ And it there happen 
 any overplus, upon sale thereof, the same shall 
 be paid to the owner or owners, reasonable 
 charges being first deducted. And if such per- 
 son or persons, so neglecting or refusing, as a- 
 foresaid, shall not have goods or chattels, where- 
 by he or they may be distrained, as aforesaid ; 
 then the said justices may commit the offender 
 or offenders to prison, there to remain without 
 bail or maifiprize, till the said, forfeiture shall be 
 fullv satisfied and paid* 
 
 XIV* If any overseer shall remove, he shall, 
 before his removal, deliver over to some other 
 overseer of the township or place from which he 
 removes, his accounts as aforesaid; with all as* 
 sessments, books,, paper, money,, and, other 
 things concerning his office*: and upon the death 
 of any. overseer, his executors or administrators 
 shall,, within forty days after, his decease, deli* 
 ver over all tilings concerning His oftice* to some 
 other overseer, as aforesaid ; and shall pay out 
 of the assess, all inonej remaining due (which 
 
U /?; ] 
 
 he rcrcived by virtue of his office) before any of 
 his other debts are paid, 
 
 X^. All gifts, % ran Ts, devises, and bo^uraths 
 hereafter tobm.ido of any houses, lands, Lene- 
 raents, rents, coo.-lv chattels, sum or sumsof bc d f ? r lhe 
 
 1- - I lit i POT* a <* '0 
 
 money, not exceeding in the whole the yearly what amount. 
 
 value of twelve hundred doihrs, to the poor of 
 
 any township or to aay olh^r person, or persons 
 
 for their use by deed or !>) the List will ami testa* 
 
 ment of any person or persons 01 otherwise 
 
 howsoever, shall begood aiil available in law, and 
 
 shall pass such houses, lands, tenements, rent* f 
 
 goods and chattel* to the ovcrsers of the poor of 
 
 such township for ihe use ot their poor respeo 
 
 lively i 
 
 Xf^L Theoverseers of the poor for the seve- n ,,*.r4W, ~* 
 .. .. ,*. .. 
 
 ral townships for the tune being, respectively, th poor, in 
 shall forever hereafter, in name and in fact, be, ev-ery t 
 and they are hereby declared to be bodies poli- * * 
 
 . i i i i *AlC 
 
 tic and corporate in law, to all intents and purpo- 
 ses, andshall have perpetual succession, and may 
 by the name of the overseers of the poor of the 
 said townships, sueand be sued, and plead aud 
 be impleaded in all courts of judicature ; and 
 by that name shall and may purchase, take or 
 receive any lauds, tenements or hereditaments,, 
 goods, chattels, sum. or sums of-money, not ex- 
 ceeding in the whole, including all gifts, grants f 
 devises and bequests, heretofore mace, the afore* 
 said yearly value of twelve hundred dollars,, to- 
 and for the use/ and benefit of the poor of the 
 respective- townships, of the gift, alienation or'j 
 devise-of any person or persons whomsoever, to* 
 hold to them the said overseers, and their suc- 
 cessors in tte said trust, for the use oi the said 
 poor forever y 
 
[136 1 
 
 XVIL If any person who shall come to inha- 
 bit in any township or place wii bin this Territo- 
 meat. lory, shall for himself and onhUown account, 
 
 execute any public office, being legally placed 
 iherein, iru the said township or place, during 
 one whole year; or ir any person shall be charg- 
 ed with and pay his or her share towards the pub- 
 lic taxes or levies for the poor of such township 
 or place, for two years, successively, or if any 
 person shall reall/and bona fide take a lease of 
 any lands or tenements in thesiid townshipor 
 placeoUhe yearly value of twenty five dollars, 
 an 1 shall dwell in or upon the same for one 
 v;hole year, and pay the said rent, or shall be- 
 come seized o^ any freehold estate, in an\ lands 
 or tenements in such township or place and shall 
 dwell in or upon the same for one whole \ e.ir ; 
 or, if ai*y unmarried person, not lu\ing chil- 
 dren or child, shall be lawfully bound or hiied 
 as a seivant in any township or place aforesaid, 
 and shall continue, and abide in such servire 
 during one whole year ; 01 it any person shall 
 be duly bound an apprentice by indenture, and 
 shall inhabit in such townsluo or pLic^, vvi'h his 
 or her master or mistress, for one whole yeari 
 such person in any of these cases, shall be ad- 
 judged and deetned to gain a legal settlement in 
 in the same township or place, uheie such per* 
 son shall so execute an oitice, be charged wiih 
 and pay taxes, take such lease, or own any such 
 freehold estate, and dwell thereon, as aforesaid : 
 or being, hired or bound, shall continue and 
 inhabit in a place for one whole year, as afore- 
 .said- Eveiy indented servant legally bi ought 
 u\ to this Territory shall obtain a legal settlement 
 La the township or place in which such servanr 
 
[ '37 > 
 
 shall have first served with his or her master or 
 mistress, ihe space of sixty days, and if after- 
 wards snch servant shall duly serve, in anv 
 other. pJWe for the space of six months, such. 
 servant shall obta.n a legal settle meat in the conn- 
 ly, township or place where such service was 
 last performed* either with his or her first master 
 or mistress, or cm an assign men U 
 
 \yill. Every married woman shall be deem- As to married 
 ed during .coverture, 1 and after her husband's wnme-i and 
 death; to be* legally settled in the place where 
 he was Ustlegalty> settled ; but if he shall have 
 no known tegalsettlemerrr; therr she shall be 
 deemed, whether he-is living or dead, to be legal- 
 ly seitledin I he place where she was last legally 
 settled before the marriage. 
 
 }*IX.' If any person or persons shall come out 
 of any of ihe United Slates into a !ownsfip or 
 
 place within this Territory;, or shall come ^ut ** e . rs " to 
 *' r i . ,'.,.. , . . to*nli>ipsor 
 
 or any township or place wil run this territory t ue Terrhorr 
 
 into any other township V>r place thereof, lliere 
 foinhabtf and reside, and shall. aJ .the same time 
 procure, bring and deliver unto the oTerseersof 
 the poof ol the- township or place where he, she 
 or they shall come to inhabit, a certificate, Un- 
 der the hands and seals of the overseers of the 
 poor of I he low nship or place, from whence lie, 
 sheor-th'ey removed, ta be allowed by iwo or 
 tnorecredible witiresses, thereby a ok now legging 
 thepersonnrpersoas mentioned in the said cer- 
 tificate, to beaji inhabilant or inhabitants, legal- 
 ly settled in thai township or place, every such 
 cWtificale having been allowed or, and su-bscrib 
 ed by one-orrmore justices of the peace of the 
 county wheteVsudr township or pjace dolh lie,. 
 shall oblige the said township or place, to pro- 
 
vide for the persons men rioned in the said certifi- 
 cate, together with his or her family as inhabi- 
 tants ot that place, whenever he, shs or they 
 happen to become chargeable to, or be obliged 
 to ask relief oft be township or place, to which 
 such certificate was giv-en, and into which 
 he, she or they were received by virtue of the 
 said cerufica!e:a^d then, and nol before, it shall 
 and may be lawful for any such person, and his, 
 beror their children, tho' born in the township 
 or place, and his or her servants or apprentices, 
 not having otherwise acquired a legal settlement, 
 thereto be removed, convex ec! and settled in the 
 township or place, from whence such ceitificato 
 "was brought, And the witnesses who atle^t 
 theexecuiion of the certificate by the overseers, 
 or one of the said witnesses shall make oath or 
 affirmation, according to^iaw, before the justices 
 who are to allow tl:e same, that such witness or 
 witnesses did see the overseerss of the poor, 
 whose names and seals are thereunto subscribed 
 and set, severally sign and seal the said certifi- 
 cate; and that the names-of each witnesses at- 
 testing the said certificate are of their own pro* 
 per hand writing; which said .justices shall also 
 certify that such oath or -affirmation was made 
 before them ; and every such certificate so allow- 
 ed, and oath or affirmation of ihe-execulion there- 
 of so certified, by the said justices, shall be lalen 
 and received as evidence without proof {.hereof, 
 and no peison so coming by certificate into any 
 township orplace, nor an apprentice or servant 
 lo such person, shall be deemed or adjudged, by 
 any law whatsoever, to bavegainecl a legalselHe] 
 inent therein unless such peison shall, after the 
 date of such certificate execute some public aa- 
 
[ '39 1 
 
 nual ofScc, being legally placed therein, in such 
 township or place, 
 
 'XIX. No person whomsoever coming into any 
 township or place without such certificate, as a- 
 foresaid, shall gain a legal settlement therein', 
 unless such person shall give security, if required, 
 at his or hercoming into the same, for indemni- 
 fy ing and discharging such township or place, to 
 be allowed by any one Justice of the peace 
 respectively^ 
 
 XXI. Upon any complaint being made by the 
 overseers of the poor of the proper township or p er roo* likely 
 place to any one or more of the justices of the said to be..n>e 
 county, wherein such township or place is situ- chargeable to 
 5,0, it shall and may be lawful .to and for any ^^^1^ 
 c.vo just ices of thesaid county, respectively, where moved. 
 any person or persons is or are likely to become 
 chargeable to the .said township or place, where, 
 lie, she. or they shall come to inhabit, by their 
 warrantor order, directed to the said overseers 
 to remove N and convey such person, or persons to 
 lite county, township, place or stale, where he, 
 she or they was or were last legally settled, un- 
 less such person or persons shall give sufficient 
 security to discharge and indemnify the said town- 
 ship or place, to which he, she, or they is, or 
 are likely to become chargeable, as aforesaid. 
 XX/f. jf any person orpersona shall think him 
 
 cr themselves a "grieved, by any order of re- fc .. 
 
 ii 66 r i ' i - i A'pn^al from the 
 
 inoval made by any or the saiu jiuuce*, such p [rty fo re- 
 
 person or persons may appeal lo the justices of moved. 
 the peace, at .heir next General quarter-sessions 
 of the peace, for the county from whence such 
 poor persons shall be removed, and not eKe- 
 vvhere, which said court shall determine the 
 : and if there be any defects of form in such 
 T ' 
 
 
tkcrccc. 
 
 /gain ft vexati 
 ouft removals 
 and frivolous 
 appeals, 
 
 order, the justices in .the said sessions shall cs\\*i 
 the same lo be rectified said araendcd, without 
 any costs lo the party ; and after such amend- 
 ment, shall proceed to hear the truth and merit* 
 of the cause ; bu-t no such order of removal shall 
 be proceeded upon, unless reasonable notice b* 
 given by the- overseers of the lownspip or place, 
 appealing, unto the overseers of the township or 
 place, from which the removal . shall be; the 
 reasonableness of which no lice shall be deter- 
 mined by the justices, at the quarter sessions to 
 which the appeal is made: and if it shall appear 
 to them that reasonable time of notice was not 
 given, then they shall adjourn the. appeal, to 
 the next quarter-sessions, and there determine 
 the same. 
 
 XXtJI. For the more effectual prevention of 
 * vexatious removals and frivolous appeals, the 
 justices in sessions, upon any appeal concerning 
 the settlement of any poor person,' or upon any 
 proof before them, then to be made, of notice 
 of any such appeal to have been given by the 
 proper officer, to the overseers of any tovuuhip 
 or place (though they did not. afterwards pro- 
 secute such appeal) shall, v at the same sessions, 
 border lo the party, in whose behalf .such appeal 
 ^shall be determined, or to whom. such tiotice did 
 appear to have been given,, such. cos t&aitfi charg- 
 es, as by the said justices, in their: tliscretiun, 
 shall be thought most -reasonable and jnst, lo be 
 psid by the overseers, or any other person, a- 
 gainst whom? such appeal shall be determined, 
 or by the person that did give 3-uch notice. And 
 If the person ordered to pay such, costs and charg- 
 es, shall live out of the jurisdiction of said court, 
 any justice, where such person shall inhabit? 
 
shall, on request to him made, and & true copy 
 ol the order tor payment of such costs and charg- 
 es, certified under the hand of the clerk of the 
 court, by his warrant, cause the same to be le- 
 vied by distress ; and if no such distress can be 
 had, shall commit such person to the common 
 jail, thereto remain without bail or mainprize, 
 until he pays the said costs and charges. 
 
 XXIV. But if the said justices on such appeal judgment f of 
 shall determine in favour of the appellant, that appellant. 
 such poor person was unduly removed, they 
 
 shall, at the same Quarter-sessions, order and a- 
 ward to such appellant, so much money as shall 
 appear to the said justices to have been reasona- 
 bly paid by the county, township or place, on 
 whose behalfsuch appeal was made, towards the 
 relief of such poor person between the time of 
 such undue removal, and the -determination of 
 such appeal with the costs aforesaid, the said 
 money so awarded, and the costs to be recover- 
 ed, in the same manner as costs and charges, 
 awarded against an appellant, are to be recover- 
 ed by virtue of this law, as aforesaid, 
 
 XXV. \i any housekeeper or : nbabitant of PtfITaUr on . cr 
 the Territory shall lake into, receive or ei ter- fons entertSia- 
 tain in his or tar house or houses, any perse n or ia ? M 
 persons whatsoever, not being persons who hay ,5 * 
 
 gained a legal settlement, in some townsh : p, or 
 place within this Territory, and shall not ti/e 
 notice thereof in writing, to the proper overseer's 
 of the poor, within ten days next after so receiv- 
 
 g or entertaining such. person or persons, such 
 
 nhabitant orhouse-keeper being thereof legally 
 
 evicted, by testimony of one crcdibJe witness, 
 
 on oath or affirmation, before any one justice of 
 
 peace of the county where such person dwelb> 
 
 crs 
 
EM'] 
 
 l forfeit amTpny I lie sum of lliree doll; rs for 
 every, such offence'; the one moiety to the use of 
 the po.or.of the said township or place, respoo. 
 lively, and the other moiety to the informer, IQ 
 be levied on the goods and chattels- of the delin- 
 f|iients, in the manner hereinafter directed, and 
 for want of sufficient distress, the offender to be 
 committed la the work-house ot the township, 
 or the;ailof the said county, there to remain 
 without bail or mainpri^e,. fox, the space of ten 
 days, 
 
 per*!* XX ^ And mpreover, in case the person or 
 in cafe of persons so en trained or concealed shall become 
 's deatl . poor and'unable to maintain him or herself or 
 themselves and.cannol be removed to the place of 
 his or her or theirJast legal settlement in any o- 
 ther-jslateif any;sucru lie, she or they have or 
 shall happen to\clie T .and not have wherewithal 
 lode/ray ike charges of his, her or their fiineial, 
 ihen, and' in such case, the houscrLeeper or per. 
 son convicted arentertairiing or concealin.gsuch 
 poor person, against th.e tenor of this law, .shall 
 DC obliged to provide for and maintain such poor 
 and indigent person or persons : and 'in case of 
 such poor persons death, sjiail, pay the oveiseeri 
 of the poor, so much niojey, v as shall l>e ex- 
 pended, on the burying of such popr and indi 
 t^ent person or persons; and upon refusal so to 
 do, it shall be lawful for "the cverseers of the 
 ]joor oflhesaid township or place, respectively, 
 and they are hereby required, to .assess .a sum of 
 money on the person or persons so convicted, 
 from lime to lime,- by a weekly assessment, for 
 rpflintaiiiihg such poor andindigent person or 
 ]>ersons, or assess a sum of 'money for defraying 
 JIG charges otsuch poor person's funeral, as the 
 
C M3 1 
 
 cnsc maybe : and in case the party convicted, 
 shall refuse lo pay the sum of money, so s^s 
 
 or cha'-ge-'l, to t he overseers of ibc poor, for the us- 
 es a fores aid, the same 5 hall be levied on the oods 
 aiu) chattels of the offender, in the manner heie- 
 aller direc-ted. But if sueli persons, so con vie fed, 
 have ao goods or chattels to satisfy the money, so as- 
 sessed tor him or them to pay, then thesaid justic- 
 es sl:all ( r nun it the offender Lo prison, there lo re- 
 [inain without bail or mainpme,- until he or they 
 have paid the same, or unul'he or, they shall be 
 discharged by due course of law,. 
 
 X\fal.. If any person b reifioved, by virtue Orerfwt 
 of this law, from one township or place to ano- 
 iher, -by warrant, or order; under the hands and r^ 
 seals of two justices of tlie peace as aforesaid, 
 tli3 overseers of the poorbf the township or place, 
 lo which- the said .person s^hall be- "so removed, 
 are hereby required to receive said person, and, 
 if any of the said -overseers shall neglect or" refuse 
 so to do, he or they so offending, upon proof 
 thereof by one or more credible witnesses, upon 
 oath or affirmation Before one or more of the justi- 
 ces o I the peace of the county where the oficndcr Pcnaitt- on 
 dolh reside, shall forfeit for every such ofieuce Ie ^* 
 the sum of twelve dollars, to the use of (be poor 
 of the tovvrislupor-pLic^, from which such person 
 was removed to 'be. levied by distress and sale of 
 the offender's goods, by , warrant, under the 
 hand and seal ot thesaid justice of peace, which 
 lie is hereby required and empowered to make, 
 directed to the, constable of the % township or 
 place, where such offender or offenders dwell, 
 returning' the overplus, if ny there be, Jo the 
 owner or owners, and for want of sufficient 
 distress, then the. offender lo be committed to* 
 
r 144 3 
 
 flic fail of the coiinlv where he dwells, thereto 
 remain without bailonnainprize for the space 
 of forty day. . 
 
 X V/7//, Ifany poor person shall come to any 
 Proceedings township or place within this Territory and shall 
 of orie'pUee 00 * happen to fail sick or die, before he or she have 
 Jicken : <>r die in gained a legal settlement in the 'town ship, or 
 aaioiher. place, to which he or sheshaH'coine so that such 
 
 person cannot be removed, the oveiseers of ihe 
 poor of the township, or place,, into which such 
 person is come, or one of them, shall, as soon as 
 conveniently may be, give notice to the overseers 
 of the poor of the township or place, where such 
 peison had last gained a legal settlernentor to one 
 of them, of the name, circumstances and condi* 
 fion of such person ; and -if the overseers ol the 
 poor, to whom -such notice shall be given, shall 
 neglect or refuse to pay the monies expended for 
 the use of such poor person, and to take order 
 for relieving* jyid maintaining such poor person, 
 r in case of his or her death, before notice can 
 be given, as aforesaid, shall, on request being 
 jtiade, neglect or refuse to pay the monies ex- 
 pended in main lain ing' and burying such poor per- 
 son, then, and in every such case, it shall be 
 lawful for any two justices of the peace of the 
 county where such poor person was last legally set- 
 tled, and they are hen- by authorized and required, 
 upon complaint made to them, localise all sljch 
 sums of money, as were necessarily expended 
 for the maintains nee of such poor person, during 
 the whole tixnc-of his or her sickness, and in case 
 lie or she die, /or his or her burial, by -warrant 
 under their hands and seals, to be directed to 
 some conslable oi the county, respectively to be 
 lev led Ly distress ar*d sale oi the ^occis and chat- 
 
of the sate! overseer or overseers of (he pnsr; 
 $o neglecting or refusing lo be jviid to tlio rwer- 
 e'M or overseers of ihe township or pU<e, whera 
 such poor person happened 10 be sick, or to die, 
 as aforesaid, and the overplus ot the monies an** 
 ing, bv sale of such goods, remaining in the con- 
 stable's hands, after the sum of money ordered to 
 be paid, together with, the costs- or distress, ara 
 sa'iblifd, shall be restored ta the owner or own- 
 eis ofihesaid goods:, if any of the said oveiseers 
 shall think" Mm or themselves- aggrieved by 
 any sentence of srich' justices, or by their refu 
 sal to make any order, as is aforesaid, he or they 
 may appeal to the justices of the peace, at their 
 ne<t court of quarser sessions- for the county 
 where sir- h justices reside, and not elsewhere ; 
 who are hereby authorized and required to hear 
 and finalU to determine thesarr.e.- 
 
 XXIX. The father and' grand father/ and the Dotletenj ? 
 mother and grand-mother, arid the children of / 1 ** 11 "?* 
 
 i i i i- 11 t tncrs aad 
 
 every poor, old, blind, lame and impotent peison, drea. 
 or other poor person not able lo work; being of 
 tnf-icient ability shall at their own charges,' re- 
 lieve and maintain emery such* poor person, as (ha 
 justices of the peace at. theic next General quar- 
 ter sessions for the county, where such poor per- 
 son lesides, shall order and direct, on pain of 
 foi letting the sum of five dollars for eveiy month., 
 they shall fail therein. 
 
 A.VA'. Whereas it sometimes happens that men, VcD 
 operate themselves, without iea:ronab!e cause, theii 
 prom their mves,aud desert their children/ aud^ omen fl ' c ' r 
 women also desert their children, leaving them 
 a cliarce upon the said township or place afore- 
 sai.i, ahhough such person may have estates 
 w hick should con Uibute to the mainlainajLcc o-f 
 
C M6 ] 
 
 such wives or children ; it shall and may be 
 lawful forthe overseers of the. poor of the said 
 Lownskip orplace, having firstobtained a warrant 
 or order from two justices of such towship or 
 place, . where such wile or children shall be so 
 leltor neglected, to lakeand seize so-much o{ the 
 goods and chattels, and receive so. miuh of the 
 annual rents and profits of ihe lands and tene- 
 inents ; of such husband, father or mother, as such 
 two justices shall order and direct, for prnvidin* 
 for such wife, and for maintaining and i bringing 
 up such child or children; which warrant or 
 order being confirmed, at the next quarter-ses- 
 sions lor ihecoimly, it shall and may be lawful 
 for the justices there, to make an older for the 
 oveiseerstlo dispose of such goods and chattels, 
 by sale cr otherwise, or so much of them for ihe 
 purposes aforesaid, as ihe court shall think fit, 
 and to receive the rents and piofus, or so much 
 of iheln, as shall be ordered, by the said sessions, 
 of.hU or her lands and tenements, for the pur- 
 poses aforesaid ; and if noesiaie real or personal, 
 of such husband, lather or mother can bn found, 
 wherewith provision *iuay be made, as rf resaid, 
 it shall and may be lawful lo and for the said jus- 
 tices, in their court of quarter-sessions for the 
 county, toordef >he payment. cf such Mjms as 
 they shall iLiukreasouab'e, for the "maintainance 
 of any wife or children sone;g r ected and com nut 
 such husiband, father or mo ther to the comrnori 
 jail, there lo remain, i&ilii he or. she comply 
 with the said-order, give security for the perform- 
 ance thereof or be otherwise discharged by the 
 said jusiices ; ami o-n complaint made to any 
 justice of thepeace in any county, o.f any wife 
 orcliifdren being so uecjected, such jus lice shall 
 
[M7l 
 
 take security from the husband, father or mother 
 neglecting, as aforesaid, lor his or her appear- 
 ance, at the next General quarter-sessions, there 
 fo abide the determination of the said court, and 
 for want of security to coimnit such' person to jail. 
 
 XXXI. The several fines, forfeitures and pe- 
 nalties, sum *nd sums of money imposed or di- _. 
 reeled to be paid by this law and not herein coverableT 
 otherwise directed to be recovered, the same 
 and every of. them, shall be levied and recover- 
 ed by digress and sale of the goods and chattels 
 of the titlirit|ue<iior offender, by warrant under 
 the hand an.d seal of any oneju*tice olthe cc/un* 
 ty, where the delinquent or of fender dwells or is 
 to be found ; and after satisfaction made of the 
 respective forfeitures, fines penalties andsums of 
 money, clliecled to be levied by such warrant, as 
 aforesaid, together with such legal charges as 
 shall beeomedue on I lie recovery thereof, the o- 
 verplus, if any, lo be returned t6 the owner or 
 owners, ot jnith goods and chattels his or her 
 executors, or administators. 
 
 XXXI I. If any pei^on or prrsons shall find him 
 or themselves a-rievcd with any judgment of 
 ihe justices, given out o' tlieir .sessions, .in pur- Gent-rai 
 suanre of this act, such person or persons may ' 
 appeal to the ner.t General tjuaiter sessions- of cc?t> 
 Ihe peace, i-or the county where sentence was 
 given (except in cases iri removal and cases of 
 poor persons becoming charitable in one place, 
 wboare l^H : ly ssriied in anolh^r, c^sis olherwi^e 
 
 provided b\: this law) whose trcwLiun, iuallsucli 
 cases shall! te conclusive. 
 
 XXXI 1L If any action shall be brought against 
 any overseer or other person who in his aid and 
 by his conjuiaiid,5)hall do any thing concerning 
 
[I 4 8] 
 
 w Ills of fire, he may plead the general issue, 
 nj Vive this law, and any special matter in 
 '^'-- -ff shall fai-i in his acti 
 
 or become nonsuit, he 
 
 i * ' 
 
 J' P lciV Felice ; and if rhepUinliff shall fail in his action jj 
 di continue tii6 same, 
 
 shall pay double costs, 
 
 THE foregoing is hereby declared robe a law, 
 of the Territory ; lo take effect on and from the 
 first day of October, next ensuing : L\l .TES- 
 TIMONY vfbereof, we Arthur St. C/n/r, 
 John Cleves Symmes and George 7 urner* have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. * 
 
 AH. ST. CLA'U, 
 JOHNC. YMME5, 
 G. TURNLR. 
 
 TEBBITOR Y OF THE UNITED STATES 7 
 NOKTH-WhST OF THE OHIO. J 
 
 A LAW concerning the 
 Probate of Wills, written 01 
 nuncupative. Adopted- /com 
 the P ennsylvanian code* and 
 published at Cincinnati ', in* 
 nineteenth day of June, 
 one ' thousand^ seven hundred 
 Qn<l n j nef y-f iv e ; by Arthur St, 
 C | air> -governaur,' and John 
 Cleves 'Sy mines and George 
 Turner judges* in and over 
 fftfic said Territory. 
 
 g . ALT, twills 'in T wriring, wherein o, 
 
 ^ .whereby any lands, tenements or 
 
 hereditaments have beeo, are or shalll be divided 
 
 An. ST. CLAFR, 
 ' C. SYMMES, 
 

 (being proved by two or more credible witnes- ancefi 
 
 ses, upo;i their solemn oath, or affirmation, or eihtes dcvifed 
 
 by oilier legal proof in tills Territory ; or being and bequeathed, 
 
 proved before such as have, or shall have, power 
 
 in any of the United States, or elsewhere, to take 
 
 probates of wills, and crant letters of ad minis- " ow P ro f 
 
 1 , *-> *ir .!_ i DC made or 
 
 tration, and a copy or such will with Ihe pro- fucll w in s . 
 bare thereof annexed or endorsed, being trans- 
 mitted hither, under the public or common seal 
 of the courts, or olfices, where the same have 
 been or shall be taken or granted, and recorded 
 or entered in the judge of probate's office, in 
 this Territory) shall be good, and available, in 
 law, for the granting, conveying and assuring 
 of the lands or hereditaments, thereby given or 
 devised, as well as of the goods and chattels 
 thereby bequeathed :arid the copies of all wills 
 
 . J , ' , i ,r * c i rrobate or will* 
 
 and probates, under (he public seals or the d ec i are a Ilvat- 
 courts, or offices, where the same have been or ter f record, 
 shall be tiken or granted, respectively, other and ni fy be . 
 
 i r i -ii i 11 ft'ven in CTl 
 
 than copies or probates of such wills as shall ap- jeac. 
 pear to be annulled, disproved or revoked, 
 shall be judged and deemed, and are hereby de- 
 clared to bo matter of record. ; and shall be good 
 evidence, to .prove the gift or devise thereby made. 
 And all such probates, as well as all letters of p ro t, atfs an ^ 
 administration, granted out of this Territory, Utters of ad- 
 being produced here, under the seals of the miniftration, 
 courts, or offices, granting the same, shall be as fij*" Territory, 
 sufficient to enable ihe executors or administra- to have full 
 tors, by themselves at attornies, to bring their force within id 
 actions in any court within this Territory, as if 
 tl'e same probates, or letters testamentary, or 
 adminisf latmns were gran led here, and produced 
 tmder the seal of the uul^e of probate's ofhce, in 
 any county of ihis Territory. 
 
[If*] 
 
 IT. Ptovhled always* That If. any of the wills; 
 whereof copies, or probates, shall b so, as afore- 
 trveu said, produced and: given in evidence, shall; 
 remedy within seven \ ears afler the testator's (ipu-h,ap*- 
 
 to the rear to be disproved or annul-ed, bcimc any. 
 p*~*y agency* f , tr i i c 
 
 54-.. judge or officer, having rom-.sanrc Infreor; or 
 
 shall appear v lo bo revoked or aileied. bv il-,3 
 testator, either by a latter will, or codicil'ia 
 \\iiting, duly proved asafoie>a,d / iht-n, au<i in 
 every such case, it shall and may he la\\ : ul, fur 
 the parry aggrieved, or his 01 iheii hei; -, execu- 
 tors or assigns, to lTa\e rl eii ac'ionirt v hat 
 shall betaken ordetained fjoin liiMii, by oc car 
 sion of such wills, or Kave I heir \\iit or wrirsof 
 error for reversing the judicial proceedings ihere- 
 upon (as the case shall recpuie) any thing herein 
 contained, ta the contrary notwithstanding. 
 
 III. And from henceforth no nuctiupaltve 
 Noncwpttive will shall begoorf, where the estate thereby be- 
 will, bequeath- nueathed shall exceed the value ofeigfity dollars, 
 
 jugmore than t na t i s no t proved by two or more witnesses, 
 
 <c dollart va^ . ' t , . , c 
 
 lu, d^cUrd who were present at the making thereof ; nor 
 
 vid, unleft unless it be proved, that the testator, at the tiice" 
 roved, and o ( pronouncing the same, did bid the per- 
 sons present, or some of them, bear witness, 
 that such was his will or to that effect: nor unless- 
 Farther qot i;. such nuncupative will be made in the time of 
 fications a* to * ne l ast sickness of the deceased, and in the 
 idch will. house of his or their habitation, or dwelling; or 
 
 where he or they hath or ha^e been resident, for 
 the space of ten days, or more, next before the 
 . making of such will ; except where such person 
 was surprized, or taken sick, being from kit* 
 own house, and died before he returned to 
 olace o[ his or her dwelling. 
 
I CTTJ 
 
 IV. When six months have passed, after snoak- Utr'tttJco of 
 
 in of the pretended testamentary words, no les- proof * to 
 
 i * n i j i ' -ii ll * e * vlii - 
 
 tunoiiy shall be received to prove any will nun- 
 cupative .; except the said testimoney, or the sub- 
 sianceuliereot, was cominiUed to writing, withir 
 ! Six days after the making of the said wilt. 
 
 V. No ielLers^estarneltiary, or probate of any Vo probate of-, 
 mincupalivc vviil, shall pas* lire seal ot the judge *-,n* t .uncn|./ 
 cf probate's ofhce, in the respective courr'ies, till liveiti ifllie tilt' 
 Jo;n tccii clays, at ien^t, aft-r the death ot the les M d ! s - vs * tter 
 
 / . , ,, the dtath. 
 
 tatoi be hitiy expire;}; nor shall any nnncupa* 
 i live will be, at any lime, received to be proved^, nor till the Twi- 
 uniess piocess have hrst issued ant, to call in ll ';*.' f nf '* c 
 
 E . i -i 1 r i i i ii i i>{ kin. V> ium- 
 
 the widow, cr next ot kindred to the deceased ; mo&e j. . 
 to the end, they may contest the same if they 
 please.. 
 
 VI. Notwithstanding this law, any manner or This law not to 
 person being at sea, or soldier being in actual affect manners, 
 
 ' military service, may dispose of his moveables, ^j f ^*ate i-s^ fa 
 -wages and personal estate, as he might have done *aual fcrvice. , 
 before the making hereof. 
 
 THE foregoing is hereby declared to be a law 
 of* the Territory ; to take effect on and from the 
 hist day of October, next ensuing: /A TES* 
 r JlMON Y whereof, we Arthur Si. Clair, 
 John Clcves Symmes and George Turner^ have 
 caused the seal of the Territory to be thereunto 
 afuxed, and signed the same with our names.' 
 
 AR. ST. CLAIR, 
 JOHN C. SYMMfiS* 
 G. TUKNfcR, 
 
C 1*2 3 
 
 TERRITORY OF THE UN1TFD STATES'? 
 NORTH WEST OF THE OHIO 3 
 
 A LAW regulating Enclosures. 
 Adopted from the Pennsyl* 
 vanian code, and pub- 
 lished at Cincinnati, ihe 
 twenty -fifth day oj June, one 
 tJiousand, seven hnndied and 
 ninety-five-* by Arthur St. 
 A*. ST. CLAIR, Clair, goveniont , and foha 
 JOHN c. SYMM*I, Qeves Symmes and George 
 
 O. TURNER. rp J . , , 
 
 I urner, judges, in and over 
 the said Territory. 
 
 En'clofej Sect. I. * LL corn-fields and grounds, kept 
 
 grounds to /"\ for enclosures, shall be well en- 
 
 ha \ e 
 
 "^clofe cient rail ot logs, and close at the bottom, orat 
 any rate, not more than three inches from the 
 ground: and whosoever, not having their grounds 
 enclosed With such sufficient fence, as aforesaid, 
 
 Owners of s j la ]| hurt, till or do damage to any horse, mare, 
 
 ground f, not fa i. t i i i * ( i 
 
 faffed, to be colt cattle, sheep, lamb or hog of any oihci 
 *c. person, by hunting or driving them out of, or 
 from the said grounds, thali be liable so make 
 good all damages, sustained thereby, ro the own- 
 to er of the said creatures, But if any horse, mare, 
 colt, cattle, sheep, lain b or hog, or a^iy kind of 
 cattle shall break into any anan'^ rndosuie, the 
 fence being of the afoiesaid height and sufficien- 
 cy, and by the view of two persons, for that 
 purpose appointed by the court of General cpiar 
 ter- sessions ol the peace, found and approved to 
 be such ; then the owner of such creatuie, .^hall 
 be liable to make good all damages (o he own* 
 or of the enclosures lor the lir&t otfcncc, single 
 
^ 
 
 I r in ] 
 
 tUm.iges only, and ev*r after, double the 
 
 da-na^ sunuined. And all persons havingany 
 
 unruly horses, mares, colts, cattle, sheep, iambs 
 
 or ho 3 s, lhatarenuttobekcpt off by such ten- 
 
 ces, as aforesaid, are ordered, and shall oe oblig- redraia them. 
 
 ed to take effectual care to restiain the same 
 
 iromjres passing on their neigbow's enclosures. 
 
 If. And, for the better ascertaining and regu- *Ur,t ir ;, l; 
 lating of partition fen res, it is hereby directed, nc p e arthionv 
 thai vvhere any neighbours shall, improve lands 
 adjacent lo eacholher, or where any person shall 
 enclose any land adjoining roariolher's land, alrea* Quarter 
 dy fenced in, so thatany part' of the first person's to appoint 
 fence becomes the partition-fence between them , viewers at 
 in both these cases, the charge of such division CC8 > ** 
 fence (so Jaraser.closed on both skies,/ shall be 
 equally borned and maintained by bolh parties, 
 To which and other ends, in this law mentioned, 
 each court or General quarter sessions of the 
 peace, shall nominate, and is hereby required to 
 Dominate and appoint, so many honest and able 
 men as they shall think fit,, for each county res- 
 pectively"; to- view all such feace and fences, a- 
 Doiil which any difference may "happen or arise, Haw 
 and the ,ak>resaid-persons i each county, res hc to 
 pectively, shall be the sule judges of the charge 
 to be borne by the delinquent, or by bord or ei* 
 ther party, and of the sufficiency or all fences, 
 whether paitirion -fences or others. And where- 
 they judge any'fence to be insufficient, they slull fuJficU n 
 give notice thereof to the owners or possessors: nl 
 and if any one of the said owners or possesors, lo 
 upon iherequcst of the other T and due noiive gi- 
 ven by the said viewers, shall refuse to ? make or 
 icpjir the sai 1 fence or fences, or to pay the moi. 1 
 ety of the c.Lr.r^a of any fence, before made 
 
 lo bc 
 
(belaga division-fence) within ten clays after 
 lice given, then, upon proof thereof, before l>wo 
 justices of the peace of the respective county, it 
 shall be lawful, for the said justices, to order the 
 person aggrieved and suffering thereby, to repair 
 the said fence or fences ; who s:ha!l be reimburs- 
 ed his cost and charges from the person so re 
 fusing to make good the said partition .fence or 
 fences ; and the said costs and c'harges .shall be 
 levied upoi/the offender's goods and chattels, nn- 
 titer wan ant f/orri the a id justice, by disci ess anxl 
 sale theieof; the overplus if ally i>e, to be le" 
 turned to the party offending. 
 
 111. P.'ouifled, That nothing herein contained 
 Prevlfo. that s ] la |] j. )e i. nleiu led to prevent or debar anv person. 
 
 - 
 
 an\ peo- . i t i I 
 
 c-,\ ni*U o- or pei sons, from enclosing tus or ilieir grounaf 
 
 t cr cncufsircs with fujfu ient wall or paiiisadofs, or bv dikes, 
 
 xiitfe'n n^n/fo- . fcedgos 3ii(J*clil( lies ; all sue h walls and p^l'isadoos 
 
 ?be ""ne fit ^of to ^! height, at. least, five feel frrtm ihe ^roun-J; 
 
 tbitUw. and all dikes to be, arlea-t, Jh-ee bet in height 
 
 from the bottom of ilie difclu aud planlrd 01 set 
 
 Vvilh thorn or quickset ; vo that siich eurlosures 
 
 slitill fully answer and sccme ihe sevrra! purpo- 
 
 se^ meant to be aiisv\*eied and seemed by tins 
 
 law. 
 
 &ich tneUftircft f P- 'Provided cko, ' That srOb v\i11s a?:d pal- 
 bf^^vrr. to \>* lisadocs, aiul dikes, fcedge5-ai:c! (tilche?., sh.!lhe 
 fwbj.fl ' V;.^' subjecNo ali pi-ovUions-H iii-pecii(.n si-d jesiiic- 
 " tions. respective]}, jxvv>hi(ii. by Hi.s law, anv 
 Qlhet 'endofeure or fence is udde Jiable, accord- 
 in io the true intent and uicaaing hereof. 
 
 
 'TT1F ffrprolng is r-erebv c'e^rec' !o o n 
 of tlie Territory ; io tale e fleet of and horn 
 

 first day of October, nc<t ensuing : TN* 
 771/OVT whereof, we sjrtliuf if/.TT 
 John CfeJes Symj^rs and Gr.nrge Turner , have 
 caused the *eal oft Ire Territory to be thereunto 
 affixed, aud signed the same with our names. 
 
 AH T. CL xlii 
 JOHN ('. &YMME& 
 G. 'J URNER. 
 
 TERRITORY OF THE UNITED STATES 
 MOKTd- \VjiSF OF I'H iiO.no, 
 
 A LAW as to the order 
 of pajing debts of per-, 
 sons clecea>.ecl v Adopted from 
 llie Pcunsylwnfan code, and 
 published al Cincinnati, the 
 j.vcnty sixth day of June, 
 A* ^T CLATR, one thousand^ seven hundred 
 
 "^ n '' nc (r-f lvs ' b f Arthur St, 
 Clriir, goi'rrnnur 9 and John 
 Clevcs S)mmes and George 
 Turner, judges, in and over 
 said Territory. 
 
 Sec. 1, A LL debfs owing by any person wltlv 
 
 ** in this Territory, at the time of his debts/viz. 
 or. her decease, shall be paid by his or hof' ex-, 
 ec'.itors or administrators, so far as theyhave as-^. 
 sets, in manner and order following, that is to T * ^ uncral ^*] 
 6ay, First funeral expenses and physic. Second- fie" 
 ly, debts and duties to the Territory. Thirdly^ 2. Public debts"? 
 judgments. Fourthly, debts due by recogni.^3- Judgmmm .* 
 zauces. Fifthly, rents. Sixthly, obligations, '+*; iu * ui 
 bills penal, and protested 1)iils of exchange. 5. Rents.* 
 Seventhly, single bill*. Ei^dtly, servants' and 6 - Bond, &'c.\^ 
 
 wages. Ninthly, merchants' and J''*^ 
 ' buck debts', and promises by word._ar- n. 
 
rears of accounts, and such lite, WMrh said 
 pa>menrs shall be good ;n.id available- iii law, a- 
 
 gainst all pel sons whomsoever. 
 
 C " 
 
 c, C ^" Nothing herein contained, sliall prevent 
 
 or damnify any executor or &d minis I rat or for 
 discharging the decedents' just debts, as the same 
 shall come to his, her or their knowledge, 
 without regard to tlie priority of ihe same, in 
 payment, after the expiration of twelve months 
 from the time of the said decedents' decease. 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the 
 twenty sixth day of June next ensuing : IJ\ 7-ES- 
 T1MONY whereof, we Arthur St Clair, 
 John Cleves Syjnrnes and George 7 urtier* have 
 caused the seal of ihe Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST. CLAW, 
 JOHN C. YMMESL 
 G. TURNER, 
 
OF THE UN1TFD STATES ? 
 
 or Tilt OHIO 
 
 A LAW concerning trespas- 
 sing \iiim.-ils. Adopted 
 Jrtjin the Prfinsi Ivnnian 
 Ci)lc, and puiilslied al Cin- 
 cinnati, il.e frv>cniy -sixth, 
 dcy oj limit, one thousand^ 
 seven Lund ted and ninety- 
 fwc; by Aithiir St. Clair, 
 ST. CLAIR, fwcntoiit* and John Cleves 
 
 SYMXH, <7m/ George Tur 
 
 D 
 
 O. 1 UftAfcft. . , 
 
 . _ n*r t judges* in and over 
 the said Territory, 
 
 Sec. 1. IFanyhorso, mare, colt, caltle. sheep, 
 
 1 lamb or hoas (aller the publication Tre raffing a nl- 
 
 \ i it i i .1 inal? iray nr de* 
 
 r i t \ i it i i .1 ray n 
 
 Or this law) shall trespass, by brealunginto the ta - UK( j (\\\ 
 
 la\\ ful enclosure o| any person or persons ; ^ihe 
 
 same being made) every such person being in- 
 
 jured by such trespass, may seize and distrain 
 
 surh trespassing creature (horse mare, colt, cat- 
 
 lie or sheep) and il.e sa'iie, so se^zedand distrain- 
 
 eJ, may retain, until lie, she or they shall 
 
 recover and receive Me damages sustained by 
 
 sue h trespass, together with the costs of adver- 
 
 tising, and reasonable charges (or keeping such 
 
 distress, in manner hereinafter directed. 
 
 11. Every person or persons, making such dis- v . . 
 
 , T . 7 1 . . . , 1 '. c D . , , Notice thereof 
 
 tress, shall, within the space of forty eight hours to be given and 
 
 altei the sameshalibe made, give notice thereof how. 
 lo the owner or owners of such horse, mare, 
 colt, cattle, sheep Iamb or hog, if he, she or 
 they can be conveniently found; but il not, 
 then such person or-persons, seizing or dUlrain- 
 ing such trespassing creature, shall, within three 
 b after the distress taken, as aforesaid, cause 
 
an advertisement of the marks, brands, sfacure 
 and colour thereof, and of the place where the 
 same may be found, to be atfixed in a conspicu- 
 ous manner, at the most frequented and public 
 place of his, her or their townships: and if, 
 upon such notice or advertiseiiie.it, such owner 
 or owners shall appear, but neglect or refuse to 
 make or tender a reasonable satisfaction to the 
 party injured, for the damages sustained by such 
 Haw fatlsfac* trespass, and in keeping the said creature ; or if 
 tioato be made. i nc sa id person or -person 5, so making I he dis- 
 Ijess, shall .not accept the said satisfaction, it 
 shall and may be lawful for either of the parlies 
 aforesaid,' to complain and apply to any justice 
 of the peace of the county, where such creature 
 shall be seized and distrained, ys afo/c^aid, who 
 shall, upon such complaint and appluatio-i, isjiie 
 his warrant, directed to- two repuuMe and ho- 
 nest freeholders of the neighbourhood, com- 
 manding and enjoining them forllwilh to view 
 ihe said trespass and to value, appraise an. 1 "as- 
 certain the injury or damage done to or wiihin 
 the enclosure, aforesaid, having regaid to the 
 lawfulness of said fence, with the expense and 
 costs of keeping the creature, and to make report 
 thereof to them, the said justice, with all con- 
 venient speed ; which said valuation and ap- 
 praisement, and return, they, lliesaid freehold- 
 ers, aie hereby required and- enjoined to make 
 accordingly, And if the said valuation and 
 appraisement, shall not amount to more than 
 the sum of money tendered to the party injured, 
 as a recompense for the damage done, as afore- 
 said, before such complaint made, then the said 
 justice shall give judgment for the same only, 
 Jo the party, refusing such tender, and award 
 
reasonable costs and charges to the other party, 
 for the unjust vexation ; but i/lhc sa : d valua- 
 tion shall amount to more than thesum tendered, 
 or if nosttch reader bo made, then, and in that 
 c*ic, the said justice shall award -and give judg- 
 ment for th.2 valuation afoiesaid, to thepaity in- 
 jured; with reasonable costs and charges, or 
 keeping the said creature so trespassing against 
 t!ie oilier party, and shall awaid execution up- 
 on *very such judgment, with costs of suit ac*'. 
 cordingly, 
 
 1 1. vVhoever .shall hurt, kill or do damage to Oaniieref 00 
 any horse, kiue, sheep, Iamb or hog, by hunt- burtir,^ orkil- 
 ing or driving them out of or from the said enclo- 1105 
 sires or by neglecting to provide them with suf- &c * 
 ikieiit food and water, after they may have been 
 distrained, shall be liable to make good all damag- 
 es MI slain ed there b.y, to the. owner ot such crea- 
 ture or creatures.. 
 
 iy* If no owner or owners appear and make 
 out his or their property in (he said creatures, 
 witliiu two weeks aHer such advertisements shall appear. 
 be published in the township, as aforesaid, the 
 person or persons making such distress, shall, 
 fuiihwith, under the penalty of twelve dollars, 
 cause the like advei tisement to be published three 
 times successively, in one or more newspapers or 
 gazettes printed & published within this Tenitc- 
 jy, p?-o\ide-J, tlieie is a gazette or newspaper then 
 printed and published within the county, wherein 
 the tiespass shall happen; but incase of no such 
 pubhc paper then, such advertisement shall be- 
 pMt upin, a conspicuous mannerat the court house- 
 dooroUhe county: and the party distraining, 
 shall make application, at the expiration of two- 
 months after the publication of the same advertise- 
 
If party clif- 
 training ne- 
 gltftto give 
 owner 
 
 rnents, to tlie said justice of the peace, who Is 
 hereby authorised and requiied lo issue Jiis war- 
 rant lo two honest and respectable freeholders, and 
 cause tliom upon their oaih or affirmation, winch 
 lie is hereby empowered and required lo admini- 
 ster to them, to view, value and appraise l lie 
 creature or creatures, so distrained, and (o ascer- 
 tain the dama^ so done, as afoicsaid. wiili rea- 
 sonable charges for keeping the said crealme, and 
 to make return tlieieo/, to him, as aforesaid, up- 
 on which' valuation and return, I he pioperty of 
 and inlhe said creatures, so valued, shall become 
 and be held and taken to be, and is hereb) vest- 
 ed in the person" so making such distress ; but so, 
 nevertheless, that he shall be answerable and ac- 
 countable to the owner or owners aforesaid, for tlie 
 valuation money aforesaid, at any time afterwards 
 within the space of one year, next after the pub- 
 lication or. such advertisements, last aforesaid, 
 having first deducted thereout, the costs of such 
 proceedings, advertisements and charges of keep* 
 ing the said creature with the damages so ascer- 
 tained; but if the said owner or owners shall not 
 appear and demand the same, within the time 
 limited last aforesaid, then, the said person or 
 persons^ so making such distress, shall, upon 
 demand made, pay all such overplus money to 
 the overseers of the poor of the township, where 
 he, she or they shall reside, for the use of the 
 poor thereof, under the penalty of double the 
 sumdi$traind, in his,, her or their hands, con- 
 trary to the direction of this law. 
 
 V. If any such person or persons, so distrain- 
 ing, shall neglect to give such notice, as herein 
 before directed, or shall neglect to set up and pub- 
 lish such adveitisernents, iu the most public 
 
[ * w * 1 
 
 place of his, her or their township, he. she or to Jure 
 they shall forfeit and lose all right, or <l(Je,orpie- tlon ui 
 lenceof right, to a recovery of any sum or sums CX P* IIC * 
 of money for such trespass, or any recompencs 
 for the same ; but shall deliver up the said rrea-- 
 lure, so distrained, totheov\ner or ov.uefs there- 
 of, without any recompence, fee or reward what* 
 soever; and that one half of all the fines im- 
 posed by virlue of this law, shall be to the 
 useofihe owner or owners of such creature, and ... c 
 
 i ir i r i i \ **' fines to gm 
 
 the other half (hereof, to the overseers of the ro t j, e owner? 
 poor of the said township, for the use of I lie of certain ani-* 
 poor thereof, to be recovered by them, or either ** ' 
 of them, in a summary way, as debts, not exceed- 
 ing twelve dollars, are, by law directed to be re* 
 
 VI. Ifany person or persons shall, knowing I a i,,i ani- 
 ly and wittingly, keep and retain any horse, "al without 
 mare, colt, cattle, sheep, lamb or hog, within his, uotlcc 
 her or their enclosings, for the spare of forty 
 eight hours, without giving the notice, and pub- 
 lishing the advertiments aforesaid; every such 
 person or persons shall forfeit and pay the sura 
 of twelve dollars, for every such offence, to ba 
 recovered and applied in manner aforesaid, 
 
 THE foregoing is hereby declared lo be a law 
 of the Territory ; to take effect on and from the 
 twenty sixth day of June, next ensuing: /A TE3\ 
 T/MONY whereof,- we Arthur Si.' C lair, 
 John Cleves Symtnes and George Turner, have 
 .caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our nsmesn 
 
 AR. Si. CLAIR, 
 JOHN C. SYMMES, 
 CLTU&NHL 
 
C '62 1 
 
 TERRITORY OF THE UNITEDSTATES? 
 NORTH WEST OF THE OHIO J 
 
 A LA W directing how Husband 
 and Wife may convey "*thjeir 
 Estates, Adopted from -the 
 Pennsylvania n code, and pub- 
 Its heel at Cinnc.inn.ati* I lie 
 twenty sixth day of June, 
 one Thousand* seven hundred 
 and ninety-Jive ; by Arthur 
 .A*. ST. CLAIR, gi. Clair, epvernoiirt and 
 ToHw C. SYMMKS. it /*i ' c * : 1 
 
 C. TuRMtR. '" n Cleves Synimes, and 
 
 . George Turner, fudges? In anm 
 
 ovet the said Tcrrrtoryf 
 
 Sec, I \TWHERE any husband and wife shall 
 ' hereafter incKEc to dispose of and 
 
 n convey fhe estate ofthe wife, or her riglit of ia 
 conveying ef- or to any lands, tenements or hereditaments 
 \vhatsoever* it shall and ina\r be laxvt^t to and 
 forthe.said husband and wife the wife being Tiot 
 less than twenty one jears oP age, to "make sea.f, 
 deKver and'execule, any grant, bargain and sale, 
 lease, release, feoffinent, deed, conveyance or 
 assurance in the law, whatsoever, for the lauds, 
 tenements and hereditaments intended to be t . by 
 them, passed and conveyed ; and after such e'xe 
 cution, to appear before one of ihjeJtKlges of the 
 before a terri* General court, or before any j'usfKe ofthe 
 tonal judge or court of common pleas, of and for the county 
 ' vvhere such land*, tenements or heiediiamenls 
 shall lie, and to acknovA ledge the said deed or 
 conveyance: which judge of the General (.ourq 
 or justice of the court ot common pleas, shasl, 
 and he is hereby authoiised and required to lake 
 such acknowledgment, lii doing wheieof Jbe 
 
shall examine tlie v/lfe separate 'and apnrt from -, , . 
 Jier husband, and shall read, or otherwise make 
 known, the full contents ot such deed or con- 
 veyance to the said wife : and if, upon such se- 
 parate examination, she shall declare, that she 
 did voluntarily, and of her own Iree will and 
 accord, seal, and as her act and deed, deliver the 
 said deed, or conveyance, without any coercion 
 or compulsion of her said husband, every such 
 deed or conveyance shall be, and the same is 
 liereby declared to be good and valid in law, lo 
 all intents and purposes, as if the said wife had 
 been sole, and not covert at the time of such 
 sealing and delivery : any law, usage or custom 
 to the contrary, in any wise, notwithstanding, 
 
 II. Provided, The judge or justice lakingsueh AcknowJedg- 
 acknowledgment shall, under his hand and seal, nienr,,how to 
 certify the same upon the back of the deed or be certified, 
 conveyance. 
 
 Ill:- All deeds and conveyances made and ex- 
 ecuted by husband and wire, not residing with- ^, hat ackno ' r - 
 
 i T- . ii , . | . i Icdgmcnt re- 
 
 in this i erntory, and brought hither to be re- qj ,fite, to deeds 
 
 corded i^ the county where the lands lie (the executed with- 
 acknowledgments thereof being taken and made oat the rcrriv .; 
 in the manner herein before directed, before any tory * 
 jnayoror chief magistrate or officer of the cities, 
 towns or places where s^chdeeds or conveyanc- 
 es are or shall be made or executed, and cerrifi-' 
 ed underthe common or public seal of such cities 
 towns or places) shall be as valid and effectual, 
 in law, as if the same had been made and acknow- 
 ledged, in manner aforesaid, before any judge of 
 the General court of this Territory ; orbeforeany 
 justice ol the court ot common pleas, for the 
 
county where the lands lie; anything herein 
 contained, to ike contrary, notwithstanding. 
 
 THE foregoing is hereby declared tabe a law 
 of the Territory ; to take effect on and from the 
 fifteenth day or August, next ensuing : IN '/'*,. 
 TIMONY whereof, we Arthur t^ CJafr, 
 John Cleve3- Symmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 alibied, and signed the same with our names. 
 
 AK. Sr. CL/V.K, 
 JOJiN C..,YMMES> 
 ti. "IURNLE. ' 
 
 TERRITORY OF THE UNIT&D STATES 7 
 NORTH- WST OF THE OlIIO. 3 
 
 A LAW for the speedy assign- 
 ment of Dower, Adopied, 
 from iho MjJsachuseMQ 
 code, and published at Cin 
 cinnati, the four tee nh 
 dayoj Jnly one thousand, 
 seven hundred and ni/iety- 
 five; by Arthur.- St. 1 Clair, 
 overnouf, and John CJeves 
 ^ymmes and George Tnr- 
 nerj judges, in and over 
 the said. Territory. 
 
 SecL 1. ^l^HEN the heir, or ol-er person hav- 
 Yy ing the. -next irmnediale e.Mate of 
 ^^0^ or inheritance, shall iioi, wiihin^ oi>e 
 
 month, other- . . 
 
 wife the widow month next after demand made, assign' an-a set 
 
 nw^ JUc for it. out to the widow of the deceased her dower, or 
 
 just third part of and in all lands, tenements and 
 
 hereditaments whereof, by law, she is or may be 
 
 AA. ST. Cma, 
 G H TuRN S E Y R MMES> 
 
 Terrtofetoot 
 doner in ene 
 
frf* ] 
 
 dowable, to her satisfaction according to 
 true intendment of law , then such widow may' 
 sue for and recover,, the same, by writ of dower, 
 to be brought against the tenant in possession, 
 or such persons as have or claim right or inheri- 
 tance in the same estate, in manner and forci as 
 the law prescribes. 
 
 II, Upon rendering judgment for any woman orTjuagmentl 
 to recover her dower in any lands, tenements or had/a* writ of 
 hereditaments, reasonable damages shall also be -feizia i<biflae 
 awarded to her, from the time of the demand 
 and lefusal to assign* to her reasonable dow- 
 er. jAnd a writ of seizin shall be Directed to rlio 
 sher ff o/ the county, or coroner; and thesherift 
 or coroner, to whom such writ is directed, shall 
 cause her dower in such estate to be set forth 
 unto her, by ih?ee disinterested freeholders of 
 the same county, under oath, or affirmation, to 
 be v'.rlmi PIS tared by any justice of the peace, to 
 set forth the .-.^ine equally and impartially, with- 
 out favorer or affection, as conveniently as may be. 
 
 ill. Where estates, of which a "woman is 
 dowable, are entire, and where no division \Vheri ftate is 
 can be ma-Ie by metes or bounds, dower entire, ho\r tho 
 thereof shall be assigned in a' special manner, w *'^ow /hall 
 4s of a third part of the rents, issues and profit!, t; 
 to he computed and ascertained in manner as 
 aforesaid- And no woman that shall be endow* 
 ed of any lands tenements or hereditaments, as 
 aforesaid, shall, wantonly or disorderly, com- 
 mitor suffer any waste thereon, on penalty of 
 forfeiting that part of the estate upon which such 
 waste shall be made, to him or them that have 
 the immediate estate of freeholder inheritance Widow not t 
 in remainder or reversion, (and in case of ne- commit 
 gligent and inadvertant waste, by her done 
 or fuflcrcd, the damages that may be assessed 
 
tor such waste,) 1o be recovered by an 
 action of waste. And all tenants in dower slu'l 
 malntain lhe hoilses an(l tenements, with the 
 iences, and appurtenances whereof th*y may be 
 endowed, in as good repair as the same mjy 
 have been delivered to them, during the term ; 
 and the same shall so leave at the expiration 
 thereof* 
 
 THE foregoing is hereby declared fo be a law 
 of the Territory ; to take died on and from lhe 
 twenty sixth day of June, nexteusuiiig:/*V TLS- 
 'JJMOMr- thereof, we Arthur Sf. Clair, 
 
 John Cities Sywtncs and George Turner^ have 
 caused the seal of lhe Territory lo be thereunto 
 afiixed, and signed the saiiie v\ith ouir 
 
 Art. Si. c 
 
 JOHN C 
 G . 
 
 NOKTI1 
 
 I'lii UNi I 
 OFTHLOKIO 
 
 in 
 
 A LAVV giving remedies 
 Ecruijy, in ceitain case, 
 jidoptcd Jrom the Massn- 
 chusetts ro^/e, and published 
 at Cincinnati, the Jour* 
 tecnlh day ef July, one 
 thousand + seven hundred. 
 and' ninety-five ; by Arthur 
 /St. Clair, go^ern^ur, and 
 John Cleves Symmes, and 
 George Turner, judges, in ami 
 over the said '1 crrtiary* - 
 
 Sect. !, IN all cases brought before the <7e- 
 neia) 01 cirruit courts, or befoie 
 
 An. ST. CLAIA, 
 JOHN c. si 
 
 G - 
 
 any court of cuoxuioa pleas, to recover ^e ior. 
 
feltnre annexed to any articles of agreement,^ co-| 
 \enaiit or < ha'rter party, bond* obligation or o- 
 tlter specialty ; or for forfeiture of real estate up- 
 on condition, by deed of mortgage, or bargain and 
 sale with defeasance (when the forfeiture breach, 
 ornnn pei forma nee, shall be found by a jury, by o record 
 ihe default or the confession of the. defendant, or carding teq-d 
 upon-dcniiitrer) the couit before whom the acti* 
 on is, shall make up in Iginent therein, for the 
 phinti'f toiecover so much as is due in equity 
 and good coiisciencQ ; and shall award execution 
 for the same, by writof capiasad satisfaccenduin, 
 ficii facias, or slher judicial writ, as the case 
 
 THE foregoing is herebv declared to be a law 
 of rhe Territory ; to take effect on and fiom the 
 Jirst day ot October, next ensuing : IN TES+ 
 T I MO NY whereof, we Arthur St* Clair* 
 John Clevcs Srmmcs and George Turner , have 
 caused the seal of the Territory to be thereunto 
 affixed, aud signed die same with our names. 
 
 AR ST, CLilU 
 JOHN C. SYMMES. 
 
 a, 
 
Two juffleee 
 may enquire* 
 by j ||r y, and 
 order Yeftitu, 
 tion of lands 
 or trnrmf tits 
 vn 
 
 Juflices, en 
 -written com. 
 plaict oTricui 
 er oflands, 
 how to proceed 
 
 ST. CI/JK, 
 
 C 168 ] 
 
 OK THS UNITED STATES 
 \VST OB 1 rH OHIO 
 
 A LAW against Forcible En- 
 Uy and Detainer. Adopted 
 /tfWiUhe Massachusetts code, 
 \an~d published at Cincinnati, 
 the fourteenth day of July, 
 -one tfiousand, seven h undred 
 and ninety-five; by Arthur St. 
 Ctoirj ( governour? ( and John 
 
 /""l^.r^- "SO . ^ ' 
 
 Cieorgd 
 
 urners, 
 /fta said. Territory} 
 
 Sec, 1. '|-WO justices of fihei peace shall 
 haveauthorily topnquiie. by j.-ry, 
 as K herein after directed, as well agaimt .hose 
 who make unlawful and forcihle entry into ] an ds 
 or tenements, and, 'with a .tror S hand, <k>r 3 in 
 the same, as against -ihoje vbo, Having a hwiiil 
 
 and Peaceable . entry into lands or tenement^ ,. n . 
 lawfully and by force hold the same : and LTit be 
 
 / ~ 7 -wj tivau luc *ifie ; ana u it ce 
 nponsuch enquiry, that an unlawful and 
 e. entry hath been nmfe ; and that the 
 same landsor tenements are held and detained 
 .with force and strong handler that the same af- 
 tcr a lawful entry, are held unlawfully, andVith 
 force and strong hand, then that rb 'justices 
 shall cause the party complaining to have restitu- 
 tion thereof. 
 
 . II. When complain t shall be formally made, 
 in writing lo any two justices of the peace, o/a- 
 ny unlawful and forcible entry into any lands or 
 tenements, and detainer, 3S aforesaid; or if any 
 unlawful and forcible detainer of the same, after 
 a peaceable entry, they shall mate out their war- 
 
rant, under their hands and seals, directed t 
 the sheriff or (as the case may be) the coroner of 
 the same county, commanding him to cause to 
 come before them twelve good and lawful men 
 of the same county, each one of whom having 
 freeliokl lands ortenements ; and they shall be 
 impanelled to enquire into the entry p forcible 
 detainer complained of : which warrant shall be 
 iu the form following. Mutatis mutandis, viz, 
 
 H. sc, 
 
 j4. B. and C. D. Esquires, two of the 
 (L, S.) iustices assigned to keep the peace wiihin Form of the 
 
 and for ike said county; lo the of warr *&t* 
 
 (L. $.) H* Greeting* 
 
 Whereas complaint is made lo us by E. F. of 
 in the county afore* 
 
 said that G. H. of yeoman, upon the 
 
 dar of at aforesaid^ with 
 
 fo'r.e and ar:ns t and with a strong hand^ did un~ 
 ld : v- c nlly ond forcibly enter into and upon a tract 
 of land, of him the said E. F. in 
 aforesaid containing acres ^ bounded as 
 
 followS)Viz (or into the messuage and tenement 
 ol him the said E* F. as the case may be) and 
 him the said E. F. with force and a strong 
 hand, as aforesaid* did expel and ttnlawjully put 
 out* oj the possession oj the same ^ For, it it is a for- 
 cible detainer, only, then the entry shall be de- 
 scribed, and the detainer inserted, as follows) and 
 him the said E. F. does unlawfully^ unjustly, 
 an I with a strong hand deforce and still keep out 
 of the possession, of the same : you are therefore, 
 command,!*, on behalf of the United S fates* lo 
 cause to coins before us, upon the - doy of 
 
 a t in the sa id conn ly , twelve 
 
 good and lawful men of your count) , each one of 
 
wliom Icing a freeholder , /o Iclmpanflled, and 
 ^rorn lo ^inquire i.iict the fatciblc entry* and de- 
 *a In cr ( o r . I h e d e t a i n e r only) b efo re d esc rib ed. 
 Gircn under our hands and scats the day 
 
 of in the year 
 
 4. B. ) Justices of the 
 
 C. D, S pence. 
 
 TIL And the said jus rices shall make out their 
 summons to the party complained against, in the 
 form following, viz. 
 
 H sc. 
 
 Form of Cam- (L. S.) A. B. and C. D. two of the justices 
 mnn* to the P *r /[^ S.) assigned to keep the peace within and 
 
 y wapUiociU for ^^ ^^ ^ f g ^ of 
 
 Greeting : summon G. H, of 
 io appear before us at in in the 
 
 srad county at o'clock in the noon,, 
 
 iheirand there to answer to and defend against 
 the complaint of E. F. to us exhibited; where- 
 in he complains that [here the complaint shall 
 be recited] and you are to make to us a re- 
 turn of this summons with your proceedings 
 therein on or before the said day 
 
 Witness our hands and seals the day of 
 
 in the year of 
 
 A T> ) 
 
 At i Justices. 
 
 C D \ 
 
 Semtnoas, how ___, , , ' ^ 
 
 to be fcrvd. W'fejch summons shall be served upon the par- 
 
 ty complained against or a copy thereof left at 
 his usual place of abode, seven days exclusively 
 before the day appointed by -the.fuitices for the 
 trial. And if after the service of such sommons 
 the party do not appear to "defend, the justice* 
 shall proceed to the enquiry, in the same man- 
 as If he were present. And when lh,t Jury; 
 
. '71 7 
 
 shall appear, llie justices sliall lay before the jury 
 the exhibited complaint and shall ad minister the 
 following oath to them, viz : 
 
 foreman's Oath. Oathi of 
 
 You as foreman of this jury do solemnly swear jurorit 
 (or affirm) that you will well and truly try whe- 
 ther the complaint of E. F. now laid before you 
 is true according to your evidence, so help you 
 God (if swearing) or, j ou will [when affirming] 
 
 The oilier jurors' Oath, vr/, 
 The same oath which your foreman hath taken 
 on his part you and every of you shall well and 
 truly observe and keep : so help you God ; or 
 ,, you will" And if the jury shall find the same 
 true, then they shall~return their veidict in 'form 
 following, 
 
 n't a court of enquiry hell before A- B. form of 
 and C- D Esquires, two .of the justices as- v<jrdi&. 
 signed to keep the peace j within and for the^cou n- 
 ty of H at in the said 
 
 county ofH upon lire 
 
 <lay of in the year the 
 
 jury upon theiroalhs do hnd that the lands or 
 tenements in afolesaid bounded (o'r 
 
 described) as follows at in the eom* 
 
 plaint upon the day of "Hn 
 
 the year were in the lawful and rightful 
 
 possession of the $aid E. F. and that said G. H. 
 did upon I he same day unlawfully with force and 
 arms, and with a strong hand, enter forcibly 
 upon the same (or 'being lawfully : upon the 
 stmc, did (unlawfully with force and strong|hand) 
 expel and drive out the said E. F. and that he 
 doth still continue wrongfully to detain the pos- 
 session from him the said E. F, iy'ie;efoie the 
 jery find upon their oaths oraffirmaiiouafwuesaid 
 
 z 
 
r 172 3 
 
 'that the said E. F. ought to have restitution 
 
 thereof withmrt delay.'" 
 
 mere pweH* ^ b X accident. or challenge thereslialL happen 
 mcompJete, not to bs a. full jury, die sheriff shall fill the pa- 
 &j$i ^^ a l^rica.BMtouirtbi^ as-iu other cases 
 
 And tKnie jury-, sitora full If earing of the-rause, 
 
 shall iiodjiie. GOBI plaint laid before theiusttpport- 
 . ed,by eyid&nce. they shall all &}gn their Vdr<lict in 
 ti>^o t form. alores^ld; otherwise the defendajit shall to 
 
 ejblrifp, & allowed- his legal cos Island,, have, liis execution 
 
 thereof. 
 
 II the juryshair return their verdict,- signed by 
 the \xho'e panel, that th e com plaint -is su 
 
 itl*x>Ti ! AA. . ^ . * 1 . r 
 
 the Justices shall eater up judgment far the com- 
 plainant to have restitution of the premises , and 
 filiall award their writ of restitution accordingly ; 
 and no-appeal'shall be allowed:, fiom the iudg- 
 mentof the-jus'ticd;*- 
 
 IV. P.ravidedneverthetcssi That the proceed- 
 ings may be remo.vedby, certiorari, into, the Ge- 
 iiieral 1 court* or circuit courts holdeir* in such< 
 icounty and be -there quashed for-irregularity if 
 any such tt^re may be : nor shall sueh judgment 
 be a bar to any a*ter action brought by .either party, 
 ^ wluchyvTitofres4itution,shallbeiuloj;jnfolJowin5. 
 
 A'k B. and CD* hro of the justices 
 reiUto* signed to keep the- peace ia and. for 
 
 UNI.. ^. S.), ^ wid county, . to-the - of 
 
 K\ Greeting ; 
 
 (L,S .)' Whereas at a -court" of enquiry of -fore-* 
 iblfc entry* an.d detainecheld before us at 
 iaihe jsaid caun ty ofr. , up.pn .the ^ijr 
 
 of in-theyearr the 
 
 jurors impaneled and sworn according ^lo law 
 did. return . their. veidictinL writin^sig^edT^y each 
 
C 175 ] 
 
 of themthatE. F, was upon the day or 
 
 in the righful possession 
 
 of a certain messuage or tract of Jand (as in- ihe 
 verdict returned) and that &c (as in the verdict) 
 whereupbn it was considered by us that the said 
 E, F. should have restitution of the same- We 
 therefore requireyou that taking withyou the force 
 of the county, if necessar), you cause thesaidG. 
 H. to be forth with remov.ed from the premises and 
 rhesaid E. F. to have the peaceable restitution 
 of ihe same : and also thai you levy of the goods, 
 chattels, or lauds of the said G. H. the sum of 
 being costs taxed against him ou 
 tne trial aforesaid together with 
 more for this writ, and your own fees: and for 
 want of such goods, chattels or lands of the said 
 G. H. by you fount] you- are commanded, to 
 take the body of the said G. H. and him com- 
 mit tp the common jail of the said count/ there 
 lo remain until he shall pay the sum aforesaid, 
 together with all fees . arbingon' the service of 
 tliis writ; or until he be deliverec!" by due course 
 of law. And make return of this writ.witb your 
 proceedings thereon within twenty days next COW 
 ing. Witness our hands and seals at 
 aforesaid, the 
 
 of - in the vear 
 
 A. B. 
 
 C. D. 
 
 Provided, nevertheless. That this law shall 
 not extend unto any person who hath had the oc. o\ w t " ot 
 xupationor beeninlhe quiet possession of any ' 
 
 lands or 'tenements by the space of three whole 
 years^ together, next before; and whose cslale 
 therein is not ended or determined. 
 
C 174] 
 
 THE foregoing is hereby declared to be a Invr- 
 of the Territory ; to take effect on. a.nd fiorn the- 
 first day of September, next' ensuirg : //V TES- 
 TIMONY whereof,, we drllius Sf-.. Clair* 
 John Cleves Sy mines and George Turner , Ka vo- 
 calised the seal of the Territory lo be thereunto 
 affixed, aud signed the. same with our naines. 
 
 Ali ST 4 /CLAm 
 
 JOHN c, sr\i jii?. 
 
 An. ST. CLAIR/ . 
 Jo HN-C. SYMLMXS, 
 G.. TURNER. 
 
 OIT THE UNITED STATES-7 
 CF THE OHIO. j 
 
 LAW annulling'tlic d is tino 
 -tiori between Pelit Treason 
 and M'II r d en Adopted . 
 from the 'M&ssachusettA 
 code, arid published at Gin-- 
 cinnatii the fourteen h 
 day of July one thousand + 
 seven himdfed : and*hinety~ 
 five', by Arthur' St. Glair* 
 governouj) a/z^/Jahn Cleves 
 Symmes and George Tur- 
 ner, judges, in and over 
 ihe said 
 
 Peik'treafon 
 to be punifli'.d SOLI 
 as murder. 
 
 T;N all cases wherein, hereto/ore, any person- 
 would have been deemed and taken to have 
 committed the crime of petit treason, such per- 
 son- shall be deemed ana taken to have commit- 
 ted the criore. of murder, only, and be indicted 
 aad ^prosecuted. ta fiBaLmdgment accordingly: 
 
C 177 ] 
 
 and the same punishment, only, shall be 
 fiicted, as in the case of murder, 
 
 77/ZT foregoing is hereby declared to be a bw 
 ot the Territory ; to take effect on and froaiihe 
 jfenrteenih-day. of july> next ensuing :/V 7"* : 
 T1MOMX: whereof, v;e Arthur &. C/tf/iy. 
 John ClevesSvmrrecs arrd George Turner-, have 
 caused the seal' of 4he Territory to be thereufllo 
 affixed, .and signed the. saac with aur iKi*Hes 
 
 AH. ST. CLAiK, 
 JOHN C. 
 
 TEimrORYOF THE UNITED S TATEST' 
 NORTHWEST Ob 1 THE OHIO. 5 
 
 A LAW declaring- what 
 shall be in force. 
 from the Virginia 
 and published at Cincinnati, 
 the fourteenth day- of July, 
 one thousand, seven hundred 
 and ninety -five ; by Arthur St, 
 A*. ST. CLAT*, Clair, governour, and Joh'n 
 SYM*E&* Cleves Symmes and George 
 . Turner, judges, in and^cver 
 the said Territory. 
 
 HE cominoti law of England, all statutes 
 or aets of the British parliament made in aid 
 of the common law, prior to th fourth year of The common 
 the reign of fving. James th firsfc (and wliich are law, BritiUf 
 ofa general nature, not local to that kingdom) * ct * P r or to \ 
 and also the several laws in force in this Territo- 4lh J am - r * * C 
 ry, shall be the rule of decision, aad shall be 
 
[174] 
 
 considered, as of full force, uulil repealed by le- 
 legisklive authority, or disapproved of by con- 
 gress. 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the 
 first day of October, next ensuing : IN r fES- 
 TfMOXr whereof, we Arthur St. Clair, 
 John C * eves S)' mines and George Turner* have 
 caused the seal of the Territory to be thereunto 
 alxed, and signed the same with oi.r names. 
 
 AH. ST. t L/UH. 
 
 JOHN C. 'YMMES, 
 
 -AR. ST. CLAJR, 
 JOHN C. SYMMBS 
 C. TURNER. 
 
 OF TPF UNITFP STATES 7 
 OF THE OHIO. $ 
 
 A LAW to prevent rrespas- 
 sing by cutting of limber. 
 Adopted from the Pcnnsyl- 
 vanian co<!e, and published 
 at Cincinnati, the J 1ir ' 
 teenth day of July, one 
 thousand, seven hundred 
 and ninety-five ; by Arthur 
 St. Ciair, govcrn&ur, and 
 John Cleves Symmes, and 
 George Tamer, judges, in a/id 
 over llie said Territory* 
 
 IT any person shall be convicted, before a justice 
 Pcnahhs on L O f t he peace of the proper county, of cuttiag 
 down or felling any black-walnut, white wood, wild- 
 cherry, or blue-ash trees, upon another person s 
 
 eg t'ii 
 trees. 
 
CI773 
 
 land, withoutdne leave; he shall forfeit to tbe 
 owner thereof eight dollars for every such line, 
 so felled or out ; and for every other, tree so 
 Jelled or out, tluee dollars. 
 
 Piovidcd-altray*, That no plea oPtitle "be set 
 up by the defendant. But if the defendant 
 plead title to the land where stich trees are cti^ 
 the justice of the peace shall proceed no farther 
 tftsrein/m ca< e the defendant mil e^ter into bond 
 to the plaintiff, iusudisum as tlie justice sh^Il 
 think reasonable, to prosecute In's claim of title, 
 with effect, in one of the courts of record ; ai^cl 
 that within one year then next ensuing,. 
 
 THE foregoing is hereby declared to be a lavr 
 of the Territory ; to take effect on and from the 
 fifteenth day of August, next ensuing : IN TES- 
 TIMONY ' whereof, we Arthur St. Clair, 
 Jo fin Cleves Symmes and George Turner^ have 
 caused the seal of the Territory to be thereunto 
 aflixed, and signed the same with our names, 
 
 ^AR. ST. CLAIR, 
 JOHN C. SYMMES, 
 G* TURNER* 
 
AR. ST. CT.ATK, 
 JOHN C. SYMMES, 
 
 CT78 ] 
 
 CV T IE UNITED STATES? 
 OF THE OHIO. 5 
 
 An ACT repealing certain laws 
 and acLs, and pait of laws 
 and arts. Made and pub~ 
 lished conformably to the 
 erf of the United Steles, c/i- 
 lilule.d) ** Sin acf res peeling 
 I he gouentir.cnf o/ U.e Ter- 
 ritories North W'cst on d 
 South of tile CA/V- at 
 Cincinnati,, the Jtintetnlh 
 day of July, 1 one thousand, 
 seven hi?ndred and ninety 
 five; Z?/Aithur St. Clair, 
 govcrnour^ John Cleves 
 Sy.mme?, and George Tur- 
 ner, judges) in- and ever 
 the said Territory* 
 
 Laws repealed 
 ( viz -) 
 
 .. 
 
 TTE it enacted, That the law, and acts and parts 
 *"* of laws and acts, hereinafter articularl e* 
 
 are 
 
 a part. 
 
 numerated and expressed, be, and the same 
 hereby repealed ; to wit : 
 
 So much o! the %t law for regulating and csfa- 
 blisliing the militia in the Territory oftheUnftcdl 
 States North- West of the river Ohio ;" and of 
 the " law in addition to" the sante^as requires the 
 militia to assemble with arms, on Sundays, at 
 jhe the places appointed for public-worship: 
 
 So much of tne law establishing a court of 
 in part. probate ; as respects the appointments and duties 
 
 Probate law 
 
 ?, As to fixing The law for fixing (he terms of the General- 
 te'rms of gene- courlof the Territory of the United Stales, North* 
 rai conn, vVest ot the river Ohio;" 
 
So much of the ct law respecting crimes and , 
 punishments/' a* is altered by ihe'law, sincea- J' nd As UI 
 dppted, entitutled" A law for the trial and pti- <nem*, 
 nivhtneht of larceny, under a. dollar and a half/' 
 
 The " law appointing Coroners/ 1 $. As toco rone* 
 
 The" law limiting the times of conrmencing 6. LimUation 
 civil actions, and instituting criminal prosecuti- iiw 
 ons';" ihe same -being already repeated by Con- 
 
 ress; 
 
 The" act to prohibit the giving or Celling 7* 
 intoxicating liquors \h Indians, residing in, or ludiafil. 
 coming into the Territory of the United States 
 jNlorth-VVest of the river Ohio ; and for prevent- 
 ing foreigners from trading with Indians there- 
 in/" and the same being partly supplied by an 
 actof the United States; 
 
 The " act prohibiting the'sale of spirituous 
 and other intoxicating liquors, io soldiers in -the 8 Do. to lob- 
 serviceof tl^e //nited States, being within ten 
 miles of any military post within the Teiritory 
 of the United States North West of the ilver Ohio; 
 and to prevent the selling or pawning ot arms, 
 ammunition, clothing and accoutrements :" 
 
 The " act for suppressing and prohibiting e- 
 veiy species ofgarYiing for money, or other pro- 3 
 perly ; and also, -for, restraining the disorderly 
 praclice of ducharging fire-'arnis, at certain hours 
 and places :" 
 
 The I4 act toalter the terms of the General- ' 
 court : fi 't* rmat 
 
 The" act to augment the lernrs of I ho county 
 courts ot common picas, from two '.ofour (erms ?' Augment- 
 in the year; and (o encrease the number o' -plfj^^"^ 
 judges in llie said court, and alsoot the iusticcb 
 of^tiiet{i!0iuin,>ri the several counties \" 
 
 A a 
 
C 1*0 ] 
 
 So much of the tc -atlo authorize an JYerpjfre 
 V A * tr> c ^ rfe -tlie courts o-f General quarter-sessions of the 
 
 Ji tO VV'llfliiP*. - 1.- t I I . 
 
 peaoe, to dl'/ide-tne- counties into** townships* 
 and to altej; the- bsHiadaries ok Hje;san?ev. when. 
 necessary ;:an-d also.* to appoint constables, over- 
 seers- oblhe poor,, ancL clerks- of the -townships, 
 arid for other^ purposes* therein- ne-iitK>ned ;" a* 
 ihe.same sia.y relate to llie-appmntiuen* of derk of 
 townships, and their dut\ with respect toest~n s 
 The *' act creating i-he-oiliai oi^ie-r.k i the 
 legislature ;'' v ' 
 
 ^rAyoclcrks The-'-acl abolishing. the ditir,:llon between. 
 ^T^tltiiVit iBecrirncs of -murder.. and petit Ir-a^on /' 
 treafn. The ' ' act i-e^ilatii/jthe ewclo-iuros pJgrQ^nrls;* 1 
 
 As !to cflolo*- g naurh of the.* 4 aot to alter aru.1 aiuc.ifi His 
 Is t x o*imli nrifitia laws/'^as requires persoas a>sfcrlin* at 
 atte n <i*in & . any place, for public worslrip, to arm tljcmsci -es; 
 Qiip with, Tno." act for gra n tin gjicense^ to, nuei chants, 
 
 Hie licenfc tra( ^ ers anc ^ 'tavern k&epei'S ;^ 
 
 , Ttie. " act creari.igthe oHic es of treasurer &e- 
 
 AS to irea^- neral of- the Tficritory, and. treasurer for tlic. 
 
 forers.. counties;"' 
 
 vo As to coun- The" act directing the manner In which mo- 
 
 ty : ' rates, nC) shall be raised, and levied, to defray the 
 
 charges which may arise wUh'ux the several 
 
 counties in the Territory : " 
 '20; A to high So much- of llie "-act for opening aod 'regular 
 
 "'"' 
 
 . g^^ya as relates 
 The.- actror 
 
 . 
 
 12 A-ro cle^c. Tfre^^ct-to repeat' ceriain parts of an act,- 
 of legiflaww in. etifituled >' an act crealui^ t lie. of lice, of clerk ot 
 
 a*. Arto-^ihtf?" The *' act. to regulate the* axluiission of attor- 
 
 fion 
 
 24 Aito j-idffe "art empowering ihe if'jfls of -probate 
 
 int nardiaas to luiiior^, auj olUers^;" 
 
 of probate aud to appoint 
 
 miners. . 
 
The '* act prescribing the forms' of -writs, in 
 civil causes, and cliiecting the mode of pro- 25 " 
 ceeding therein i " snd, 
 
 The " act establishing arid regulating *he a6> rhc foe 
 fees of the several officers, and other persons bi c . 
 therein mentioned/' 
 
 THE foregoing is hereby declared lo be a law 
 of the Territory ; to tai.e effect on and from the 
 fourteenth day of August, next ensuing: /A' TES- 
 TIMONY wheredf, we Arthur St* Clair, 
 John Cleves Syrnmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names* 
 
 AH. Si. CLAIH, 
 JOHN C. SYMMES, 
 <J. TURNER. 
 
C &2 J 
 
 TERHTTOHYOF THE UNITED STATES"* 
 
 OE Tuji. U.IKX 
 
 LAW respecting Divorce* 
 
 f x^ SR.-T >. -A l<yptad\ -ff'QtJi the- Mfustaciiii- 
 
 tetts; cfl</c%; and' pnhlishc~l at 
 Cifir.iruL'iti'^.lhv fifteen-ill d -y 
 @f 'uly, one* thousand^ se*\ i> 
 hundred a ;i^L ninety -Jive *. by 
 Arthur Si Ciair,. ^enionf^ 
 . S*. CLA-m< and jolin- Clevea- S\imnes 
 
 C-rf-t r_. . A ^ r\~\ ^ 
 
 / e * r i- ; e 1 1 j r n e r, /// dgi s , 
 
 ir^* A^t? said Territory* 
 
 SeoU L ryVORCES Pram llie Banns of mafn- 
 m on y,. shall be decreed, where ei 
 
 for di- t l ier o ^tlie parties liad afonner wife or husband 
 alive, at the tiine o[ soleiunizing the second 
 marriage ; or. iaijjoteucy or adultery ia either of 
 Idie parlies.. 
 
 lit Divorce fi*0mb(*Jatid bbar.d* shall be grant* 
 ed for the cause.of extreme cruelty iu. either of 
 Ihe parties.. 
 
 lil, Wienever a- divorce-shall He decreed' om 
 ajlmony, cause or-aggrebsion Fron^ the husband, the wo- 
 n.l how man, if no is.sue ot the marriagp be- living- at the 
 be. aliowcJ. ^ ine o f the di-vorce; sliaii be -restored, to all hor 
 laiidri, tnemii&.and heHcJitamcnlas and be 4!- 
 lowed oaf of tlie ma j i. s- personal, estate- suchi. ali- 
 mony as tKo couttmay Lhiiikie>ooaS-c^ havii r^ 
 liC^ard. to the- persoiiiAl [jrojiftny.. I hat;- came t > 
 lu.'ii-.b. thq .marrihgei -mil, lu*-. aoiritv,.:- but ifr 
 e.i.ssaeliyihg'it the-, rime* of,' 5 !in* divor(?ej t 
 iiit he- court; inueg-irJ tootdenug'/estoradon,, 
 r-i'^nr; aliinon/, mny d<v> as- r ircum-t incej, 
 5CLLU1 tj re juiic/ auJ oa a^UcaUoo. 
 
eitfcerparty, may, from time to Kmev tail; e v at* 
 iscretion,. siutlLalteratii)u& therein, as nuy 
 
 IV- tttbe divorce arie from- 1 fie rain^e or ag- ae-ft'mtinn *, 
 e^simv of llie- wife, wiiet her i hare bo living is ^jFe's e;t .t* 
 
 .e. er> n, -oi*>l be (Carriage, the* Point may or' aK\ii-.t.i->,.-ioQ 
 
 to her thafTesto-aiiou ofllie.Vviioie^rpa'tt, - r 
 ^opa^tv-of her-land*y tmieineui^ aad ker?tiit>- 
 fc f : j. ts ail cf may assign s u t;li. a li mon y as si i a I i be 
 thovgli^ proper-, and ma-jf also make: such clfs- 
 trlbution be twee ii>lhe parties ok their chiitlreii:- 
 (i? any) as the court shall think proper*. 
 
 V- 1 beGeiieral court an/} circuit courts shall 
 liHve the sole cognizance of all divorces applied 
 for or made; and the judges thereof may use 
 such land of process to cany their kidgjnenH4ij3> 
 eHect^ as toihetn sliall sei:m expedient* Where* 
 ever they may think it-proper-, they may com^ 
 pel the husband todisriosev. oaoadi, what person 
 us! estate he hath received in right of his -wile-t 
 how the same liath been disposed of, and what 
 proportion of itNreinained iiu lus hands^ at., the 
 bme of the divbr< e.v 
 
 VJ. N 5 o cause .of divorce; or alimony, slialL be 
 bi ought, beiorc the same courts, unless tho-party 
 suir.g or caufipkiuing shali^file.his.or. her libel in 
 life proper cleik s ohice, spe'-ially set tijig., forth 
 ihetcui the cause-, of his or her:> torn plaint. aiiA 
 sha'L raij;e ihe-othcr party 1 1 In thtss^ Ter^ito* 
 j^ lo/'-e- ervedvvith.,au. a! tested' Coi>y tlfereoK 
 aii'i'"\L r li .T^iinmoiis-' comrnandin'g.hiut! .or her 
 fe* a-^pear. ai. tiie-cnnrt whcre^ the:Gatisc*is to be 
 IfKiiti.fottrfeen? dkys> afrleasr : , bofore the sitUugt 
 t>. 1/e ^aid' rorf otherwise in: such manner as 
 -:>:irt sin^ldir-Jct \1 wh.^c the party li.: 
 
0*4] 
 
 lies* wsvtal residence then such' snrr.mons shall 
 be published af least once a week for twenty 
 weeks in some public Mews Paper wil bin such 
 county ; or, where no such News Paper is print- 
 ed, ihe summons shalUhen.be published :in orre 
 of the Territorial News Papers, and a copy there- 
 of stuckupat the court-house door of the pro- 
 per county. >But where .the party complained 
 of shall' happen to be without the Territory, 
 then notice shall be given, by publishing such 
 summons in one of the said Territorial papers; 
 at least once a.week, fo^the term of. forty weeks. 
 The said courts shall liave. all the powers neces < 
 saiy to thecoriducting and finally tissuing such 
 causes according to the true intent of ihislaw. 
 
 7 HE foregoing is hereby declared to be a law 
 of the Territory ; to take effect. on and from the 
 first day of October, next ensuing : IN TES- 
 TIMONY whereof, we Arthur St. Glair, 
 John Cleves Symmes and George Turner , hare 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 AR. ST, CLAIR 
 JOHN C. SYMMES. 
 C. TURNER. 
 
OF THE UNITED STATES > 
 
 NOR r-H*v&sT OF, THE 01110, 5 
 
 A LAW for the Parti lion- of 
 bands, Adopted fmm tlt& 
 New York code* and pub- 
 lished at Cinci/uutt/i the 
 
 sevsnteenh-dfrp of' Juljrone, 
 thousand, seven hund'cd. 
 arid ninety- five'T-ty Arthur 
 St. Clair t govcrnoiiH- and 
 A*- ST. Ct AIR* John Cleves Svmrnes and 
 
 n^r*" George Turaer,/W^, in, 
 __ and over, lac. said. fcffi~ 
 
 **}& 
 
 Sect. 1. A NY orreOT more of the proprietors n xrceks p 
 ^* of any tract or tracts, parcel on 1 '* noti " (0 
 
 ,- . , * . . < i i /- tL\\ er.''ot any 
 
 parcels of land which now are, or hereafter may f ntepd< i parv 
 be undivided, incline to have partition theror, tuiun of 
 may subscribe a-wnlina, and publ&t.lhe same^ivi(kd 
 in one or more ot the public Now ^papers printed 
 in the Territory* i<theState o* Kcnkucfcf r and 
 at the seat- of government of the C/nited States* 
 for twelve-successive weeks, directed in general 
 Jo all persons . inter** ted .in.such tract or parcel 
 of land, specifying, the bo^Hds-^ -thereof,, aad' 
 giving notice that three corn fnisskMier&-m>t in- 
 terested in ; such iractor par-eel oUaucl< ^ rraming 
 tii ein.auJ their; places o f. abode, are appoin.ted io 
 ra ike sivch partuioar atid that th=ey will ^reel at^ 
 a certamuby* atul ^lace to be-also therein ' men- 
 tioae.i,' anJ to bs within* teriidays^aftef^ the sai^l' 
 twelve weeks are expired,; to-proceed to life 
 pariitionof the said laud:, and requiring all pert* 
 suas interested tkerein, to attend tlica and' 
 
C i86] 
 
 ill crc Tor Hi a I purpose, eilhcrby themselves or 
 {L : cir aitornics --andifsUo objection to any of the 
 
 .* . . cr I 
 
 <<r i he naiti- wittC6jiwi$*fpfl<Sffc W offereci in writing lo any 
 iioa f oi'e of the J! dgfs of the General-court, rr 
 
 justices of the interior court or common picas of 
 the county in which the greatest part of lire 
 lands lie, and a notice of snch objection rn 
 writing ser\ etl upcn the subscut-er or sub^ciib- 
 ers to tiie notice so directed lo be published, or 
 any one of ibeni, and within nine weeks affcT 
 the first publication thereof, then the commis- 
 sioners so lobe named shall peitonnlhe duties 
 When any com. required of them by this act. : Bot if snch 
 nufiiooer is ol>- objection and ^notice be ma'de and given, the 
 jeded to, ano^ j < lR ]p e to whom it was o/fcrcd sliall appoint the 
 
 ther'niav be n . * ' j i -.1 - it, 
 
 ajpwoted ato pailiesnday and place wirliin ten dajs after rune 
 weeks from the lirst piiblication or* tlic notice 
 are expired, and then and th-ere hear and de'er- 
 mine such -objections, and appoint other fit 
 and uninterested persons in the room of .'hose 
 he may think proper to remove as unlit, and 
 such persons so appointed shall ihencefonh l>e 
 the couirnissioners for executing the powers 
 given to cornmissroners by virtue of' this act, aid 
 shall before they proceed -to execute iheir 
 offices, be severally- sworn, or (if the people call- 
 ed Quakers) affirmed, be/ore one of the jijcl*ri 
 of the said General court, or before any of the 
 justices of any. inferior court of common pleas 
 to perform the trust and services requiied of a 
 commissioner by this act,* fairly and impartially, 
 according to the direction thereof, and the best 
 of hisskiil and judgment s and a certificate erf 
 ihftii being sosworii or a/firmed from ihe person 
 administering the oath, shall be filed with the 
 rest oi the proceedings as hei eaiter directed. 
 
H. Of all survey s an r I allotment to be made 
 l>y virtue of this act, two true field books and 
 maps specif) ing the bounds of every allotment 
 and lot shall be made, and the several allotments 
 I and lots laid down and numbered on. the said 
 I, map, and then signed by the said commissioners^ 
 I cue of v\hich said field books and maps shall be 
 I filed in the office of the clerk of the 'county 
 I where the greatestpart of the lands lay, and tlie 
 other in the sen clary's office of the Territory; 
 [ v. im:h when done, thesaicj commissioner*) shall 
 I cause an advertisement lo be published forat 
 least six weeks in one or more of the New^-pa- 
 PTS printed in the Territory, in ihe state of 
 Kenhickv and a* the seat of government of the 
 United S/a.'es, nftifving the filing ofthe field 
 books and mapsjn t lie office, and appointing a 
 , particular timesnd place on a day within twen- 
 [ t) djys af-ei the e<pirationof the said six weeks, 
 land requiring all persons interested then and 
 i there to attend, to *ee the several lots balloted 
 ! for ; and~that the same may be conducted in a 
 Ljnst.and impaitial mnnner, one or more of the 
 t judges of I he General-court, or one of the justic- 
 es of the inferior court of common pleas of the 
 ccftinty in which the greater part of the lands 
 lie, not interested in the division, upon the re- 
 Quest of the said commissioners in writing un- 
 der their hands, served six days before iherime 
 of meeting, shall be present to oversee the bal- 
 loting so to be made. At which day and place 
 ,the said commissioners, having then made as 
 many tickets as theie are lots in each allotment, 
 with one ofthe numbers of each lot on every 
 ticket, and as many tickets as there are paten 
 tees and proprietors, with the name of one of 
 
 tt b 
 
C 188] 
 
 the paten tees or proprietors on each ticket; the 
 tickets of names shall bepntinto a box, and the 
 numbered tickets into another* box, and such, 
 person or persons as the oom missionary shall 
 then appoint, shall immediately p oceed to dravr 
 a ticket of the names, and them a ticket of the 
 numbers, and so proceed until all thetieke^are 
 drawn:. And alter drawing for the Jots in one 
 oJ the allotments', they shall proceed in the same 
 manner todraw^ for the lots in the- other allot- 
 ment or allotments* if more than one,. until the 
 whole drawing, is completed. And; the lot in 
 each allotment on the maps, bearing th'e number 
 of the ticket drawn next after drawing .the- rirkel 
 with the name-of the- patentee 1 * or propiietor, 
 shall be the seperaleand divided share* of such 
 patentee or proprietor, and of all persons hold- 
 ing under him or her. Of which balloting, and 
 all the proceed ing$ in such partition" the sakf com- 
 missioners shall mate a full and fair entry and 
 minute in a book, one copy wheieof certified 
 under their hand** or the ftauds of a ma oiity 
 of them; and under the hand of theiwlge pre- 
 sent* shall be filed in the said secretary's 'office 5 
 and another certified in like* manner, in the 
 clerk's office of that county where the greatest 
 part of the lands lay, which same books or an 
 exemplification under the seal of the Territory, 
 shall be good evidence of such partition $ and 
 \vhioh partition shall be valid and effectual in 
 the law, to divide and sepei ate the. said lands* 
 
 III. The said commissioners or any two of 
 them,, shall -within one year next after drawing 
 or balloting the lots aforesaid, proceed to sell 
 that part of the tract which was set apart to de* 
 fray the expence of the partition, at public ven- 
 
due, to the highest bidder ; whereof six weeks 
 public notice shall bo pieviou.sly given in one of 
 the said News papers ; and their deed to th.e 
 
 Jurchaser shall pass as good a title to such bid- 
 er, for the seperate enjoyment of the same, as 
 if all the patentees or proprie'ors of the said 
 land had made and executed the same in dire 
 form of law, 
 
 IV. Piovided always^ That-no commissioner 
 or commissioners, or any other person in trust 
 for him or them, shall become purchasers of the 
 said land so to be sold, or of any part iheieof. 
 And of the whole charge attending such parti- 
 lion, the commissioners shall keep and state a 
 particular account, and lay the same before one 
 or more of the fudges of the General court or 
 one or more justices of the inferior court of com- 
 mon pleas of the county where the greatest part 
 of the lands lie/ who are hereby empowered and 
 required to appoint -some proper person or 
 persons to audit the same, after fourteen days 
 notice given in writing by tht* said 'commission- 
 ers to any three of the propiieiors, of ihe lime 
 and place of auditing the said accounts, ihatthey 
 may be heard in objecting to the same. Arid 
 out of the monies arising by such sale, tho com- 
 inlssiorrers may reU'in so much as the said audi- 
 lor or auditors, oiuhp major part of them shall 
 certify to be dne to them for their services 
 and disburseiruMH^in completing the said parti- 
 tion ; ana thesrrpli-s if any there is, shall be 
 divided into equal parts according to fhe number 
 ol patentees or propiielors, as aforesaid, and be 
 pai 1 to th5 n or tii >;e hoUin^ under them ; and 
 the receipt of the said patentees or proprietors 
 as aforesaid, or of any person holding under & 
 
patentee shall be a sufficient discharge to the 
 said commissioners foi' the share of such paten- 
 tees or proprietors. 
 
 V. And whereas joint tenants, tenants ia 
 common, and coparceners of particular lots or 
 parcels of land so divided, or of other hinds held 
 in joint tenancy, coparcenary, or in common 
 may be inclined to have partition thereof; that 
 partition inay be made thereof-, and be as valid, 
 and the expepce- of rhe same defrayed in the 
 same manner *s the partition of other lands are 
 before directed ; the proprietor, in such further 
 or other partition bring considered as the paten- 
 tees are tit tire partition above prescribed* 
 
 VI. In case o! (he partition of any pa- 
 tents or tracts of 13 nd on which improvements 
 have heretofore been made by any owner or pro- 
 prietor, or by any person^or persotis, by consent 
 of any owner or owner s-/ prop rfc bar or proprie- 
 
 ^ tors of any such patents or tracts oMand; the 
 person or persons to whose shares such parrels of 
 Improved lands shall fail i>pon a partition of snch 
 patents or tracts of land, shall before Be or they 
 pe permitted to the possession of the same, pay 
 rhe respective possessor or possessors thereof, 
 rhe value of (he improvements made thereon r 
 and in rder lo settle and ascertain the-valne of 
 such improvements, I he-said commission ers are 
 hereby fully authorised, empowered and direct- 
 ed, at the request of the party or parties Eo whom 
 such parcel or parcels of improved lands shall, 
 upon such partition as aforesaid, appertain* issue 
 their precepZ to the sheriff or the county l in 
 which the lands lie, commanding, him to sum- 
 mon tw el ve freeholders having i'he proper and 
 legal qualifications of jurois, to attend the said 
 
commissioners 01 the premises, at a dajr fo be 
 Ippolnled in the said pxeoept, not exceeding 
 thirty days after *he due (hereof la assess rim 
 value of such improvements; at w4flch ck>y and 
 place tha said commissioners >hall $\vear the 
 said 'freeholders;, well- aiKkrwh- to*, instate- into 
 and assess t If fc, value of the said 4ftf prove m cots, 
 and then shall proceed vyithF-tbekf asaisiaaee in a 
 suinrirary manner, to inquire into an(l assess Ihe 
 sarns, and make Ju^ieaies of such ihe-tr iijcjuisi 
 lions and assessnvenrte imder their hand and 
 seals, and the>ha-nds anj .seals oi the said ftex> 
 holders; otie-of which. saw] duplicates shall be 
 delivered to each of- the pa/ tic*- And in case 
 die possessor or posses&ots of ucli improved 
 lands shall no! -within thirty da/s next after a 
 tender to him or them made of theassessed valuo 
 by I he person or -persons to whotit the said ha* 
 pi oved lands shall upo such partiuon as^ afore^ 
 said belongpeaceable and quietly deliver up to 
 him or thein^ the posse3sion of the same, the 
 said commissioners or any or either of them 
 shall upon proof o.such tender r made before 
 him or them or any or either of them, by the 
 oath of one or more credible witnesses, i^sue a 
 precept in writing under the band* and seals of 
 themihe said co in missi oners OP- the hands and 
 seals or hand and seal of any or either o^ them, 
 to thesheriif of the courUy in which such im- 
 proved lands respectively lie, commanding him 
 to put ther person or persons to whonr sudi im- 
 proved lands shall upon such partition Belong, 
 into full and peaceable possession ot the same. 
 Ptovided always, That the eosls, charges and 
 expences attending, as well on such assessment 
 a&aloresaid as on the gulling of the party or 
 
into the possession of such improved 
 IdncJs, 'hall be estimated according lo ihe re 
 guUtions herein after prescribed, and shall be 
 paid b) the respeclive possessor or possessors 
 of su< h improved lands, arid on his, her or 
 ihcir icfusal to pay the same, shall be levied on 
 liis, her or their goods and chattels by warrant 
 under the hands- and seals of the said commissi- 
 oner*, or the hand anH seal of any one or more 
 of them, diiected to die said-sheriff o! the coun- 
 ty wherein such improved lands icspectively lie, 
 \\hois hereby required to perform that service. 
 VII- And inasmuch as the said commissioners, 
 in such futther or other partition, may, through, 
 'ihe great number orpiopnetors and lights, pro- 
 ceed upon a mistake, either by supposing them 
 too few or too many : thr reforr if any lot or 
 lots shall be set oft and drawn for any peison 
 having no title to thelandsfo be divided, such 
 lot or lots shall be considered as lands still undi- 
 vided ; and if no lot or lots shall be set off and 
 drawn for any peison having title, nothing 
 herein shall be construct} to defeat such title. 
 Fiovided nevertheless that the partition shall be 
 considered as fully complex ted, lo all intents and 
 purposes, between all and every the other pro- 
 prietors of the said lands. 
 
 VIII. .If any of the commissioners so to be ap- 
 pointee! to make any partition by virtue of this 
 act, shall die before the same is compleared, their 
 powers shall vest in, and be exercised by the 
 survivors or survivor of them. 
 
 IX. One of the said commissioners shall be 
 sworn as surveyor, previous to the said survey 
 to be performed (or if the people called Quakers, 
 kali maise affirmation) to perform the same trul/ 
 

 and impartially, and accordingly execute fhe 
 duties of surveyor : which said oath or affirma- 
 tion, either of the- other two commissumerr are 
 hereby empowered to administer,* and* which- 
 oath or affirmation shall he entered in the mi 
 autes of their proceedings, and ceriilied by* the- 
 other two commissioners, and tliatone other of 
 the said commissioners shall act as cl?rk, and as 
 such shall take minutes oP all their proceedings* 
 X In cause the said; conrr.nisskmer, being a 
 surveyor as aforesaid % shall die before the* suj^ 
 vej be completed* or throngH'sickness or some 
 other cause be rendered incipable to cotupleat: 
 the same, that in siich case the surviving com- 
 missioner oreooimissioners-shall^nd may there- 
 upon nominate, appoint and qualify another 
 surveyor to carry on *and com^leat the same* 
 Grin caseeirher of the said commissioners be a 
 surveyor,, -he shall and may be qualified and act- 
 j as survey ore and compteat the survey in like man-* 
 !ner: which* saidi surveyor shall have twenty 
 ei^ht shillings per day for his services. The 
 said com mUsioner" acting as surveyor, shall 
 s have twenty etghfshiliing* pfer day ; the com- 
 (inUsifHier acting as clerk* twenty eight shillings 
 per day ;-arrd the other of the said commissioa- 
 lers, twenty four shillings per day, whilo actu* 
 (ally etn^lo'Ved in the said service ; and each of 
 f the chain bearers, and the flag^bearer and mark- 
 er (whenever the commissioners shall think 
 such hflag bearer -OP- marker necessary) shall ''Have 
 ten shillings/ per day ; and tlie persons who audit 
 their accounts- twenty 3-biJIings per day for their 
 services : whicH allowances shall be in ftrll for 
 their services, and all expenses attending the 
 said survey 5 but the auditors may allow a rear 
 
'94 1 
 
 son able sum for (lefra)ing the expence 
 attendance of the judges, the advertising a*4 
 balloting herein before d'uected. 
 
 XI.' Whereas many small estates held in com. 
 mon require a more, easy and less expensive mode 
 for the division thereof, than that which is here- .j 
 la before provided ; where any such lands, ; 
 lenemenls, or hereditaments shah be held in 
 common, it shall and may be lawful for I he 
 court of common pleas in the county where such] 
 3ands shall be, upon the application of one or 
 more of the owners or proprietors of such lands,! 
 tenements and hereditaments, lor partition 
 thereof, it being proved to the satisfaction of 
 the court that the value of the said lands, te-1 
 nements and hereditaments do not exceed twolvei 
 .1 ho usa ad dollars, to appoint three reputable 
 freeholders of the county -commissioners /orl 
 that 'purpose, affidavit being fust made before 
 the court, by the person or persons making such 
 application, that the other owners or propiietors] 
 jesiding. within the State, or the guardians of' 
 such ow nets or proprietors as are minors, have' 
 had thirty days previous notice or his or their; 
 intention of making such application; and the 
 commissioners; so to be appointed, after they 
 shall liave been duly sworn before one of the 
 justices of the court of common pleas in such 
 county, honestly and impartially to execute the 
 trust reposed in them respectively as commissi- 
 oners for mating partition of the lands, tene- 
 ments and hereditattuenrs as directed by the 
 conrt, shall proceed lo make partition of the 
 said lands, tenements a'nd hereclitatnents 1 among 
 the owners and proprietors thereof, according 
 to their respective rights therein: which par ti- 
 
 '- 
 
Cw'J 
 
 litlon being made by the said commissioners, 
 or any (wo oPlhem, and a leturn being made 
 thereof in writing, under their hands and seals, 
 to the court, particularly describing the lots al- 
 lotied to eacn jespective owner or proprietor, 
 and mentioning which of the owners or pro- 
 pri^iors are manors, if any such there shall be; 
 which return, being acknowledged by the said 
 commissioners, or any two of them, before on-e 
 o* the justices of such court, and accepted by 
 the court, and entered of record in the clerk's 
 office, shall be a partition of such lands, tene 
 meats and hereditaments as are therein men- 
 tioned. 
 
 XII. Provided always^ That whore any 
 iouses and lots are so circumstanced that a 
 
 sion theieof cannot be made without great pre- 
 judice to the owners or proprietors of the same> 
 and the commissioners appointed to make par- 
 tition onhe same shall so report to the <ourt f 
 if it shall then appear to the court that such 
 houses and lot^do not exceed in value the sum 
 of sight thousand dollars, the court shall there- 
 upon give orders to the said commissioners to 
 sellsuch house and lot, or houses and lots of 
 land, at public vendue, and shall make and ex 
 ecute good and sufficient conve^aflres to ihe 
 purchaseror purchasers thereof, which shall o 
 perate as an effectual bar, both in law and e- 
 cuity,- against such owners, proprie ors, and 
 all persons claiming under them ; arid l-he mo- 
 nies'arising therefrom to pay to the owners, or 
 proprietors of such houses ajid lots of land. iLeir 
 guardians or legal representatives, as sball be 
 directed in the said order, ret aJnrng in their 
 hands, for their services and expeiices, &uch sum 
 
 C c 
 
C I9 1 
 
 V>e allowed by the court; anrl ffo? M f-f 
 Sioners, on a division ot land-?, Jerte- 
 roentsand hereditaments, by order of tha court 
 as aforesaid, shall be allows! such sum as the 
 fourt shall award for their services and -expeiices, 
 to bo paid b/ the owners or p-opsiei.or.s oP ih& 
 lands, tenements and hcj'edi'.un'^irs so divided, 
 in proportion to their respective righto therein/ 
 and in cise o 1 iheno^loct or rcfh&jl oray of the 
 owners or propriety's to pay his, her, or their 
 proportion of tliusuin s-> a \-iMleJ, 1 the court 
 shall order so much of the lands Icueaients and 
 hereditaments u totted" to suoh owner or pro- 
 prie'orso refusing or neglecting, to be sold at 
 public vendue as will be sufficient to pay his or 
 ter proportioa of the sum awarded by the 
 court, together with the costs of such sale And 
 provided also, that no division or salcshd'l be 
 nude by o/<ler of the court as above directed, 
 contiary to the intention of any testator, as ex- 
 pressed in his last will and testament. 
 
 XIII. And the guardians ol all minors, shall 
 l>e and hereby are respectively authorised and 
 empowered* on behalf of the respective minors 
 whose ^uardiansntiey are, to do and perform any 
 act, matter, or thing jespecting the division of 
 any lands, tenements and hereditaments as is 
 directed in the above preceding clause, which 
 shall be binding on such minor, and' be deemed 
 as valid to every purpose as it the same had been 
 done by such minor alter he 'should have ar- 
 rived at full age* 
 
 THE foregoing is hereby declared to be a law 
 of the Territory , to take effect on and fioin the 
 
r 197 ] 
 
 first day of October, ore thousand, seven hundred 
 and ninety rive:' JN TLSTlMUhY Where- 
 of, we Arthur 6'/. Cla/r. John Cleves 
 Symmrs and George Turner , have caused the 
 seal of the Territory lo be thereunto affixed, 
 aud signed the same with our names. 
 
 Aft vr, CLAIR 
 JOHNl C. bYMMES. 
 G. TURNER. 
 
 r IK UNITED STATES 7 
 OK 1 llfc OHIO- 3 
 
 A LAW allowing Foreign At* 
 
 lac hmeuts. Adopted from 
 
 the A ew Jersey code^ and 
 
 published at Cincinnati, the 
 
 fifteen tli day oj July one 
 
 thousand, seven hundred 
 
 and ninety- fiue-, by Arthur 
 
 St. Clair, governour* and 
 
 John Cleves Symmes and, 
 
 Georce Turner, judges, in 
 
 . ' 7 . jO 
 
 and over the said terri- 
 tory. 
 
 AR. ST. CLAIR, 
 JOHN c. SYMMES, 
 
 G. TURNtR. 
 
 Sect. I. HTIIE lands and tenement*, 
 
 chattels and effects, rights and 
 credits of every person or persons non-resident 
 in this Territory, shall and may be attached, for 
 the payment of any just debtor oilier demand, 
 by a writ or writs to be issued out ot the General 
 court, or any 'CMC nit court, or couitof com mort 
 pleas . and, as eaily a? ma> be, shall and m a) be 
 pnueedrd against in ihe same manner as is di. 
 rectfc! against thelands, tenements hereditaments 
 and esta:es orabsronding debtors,- exceptwhere 
 otherwise herein diieeted* 
 
[T 9 8] 
 
 II. Provided, Tha I" every person orp<?rsons ap- 
 plying for such writ or writs of attachment, s j u5l t 
 before- the issuing thereof,, make oath or afar- 
 motion- (and which shall be filed in- the pioper 
 clerk's of fire) that he,, she or they verily le 
 lieve, that the person or persons agiinst w.iio>e 
 estate; or estates, lha application is mule, is, or 
 are not, at tliat time, resident within the- Terri- 
 tory ; and that such person or persons is,, or are, 
 justly, indebted nnto the said plaintiff, or plain* 
 tiffs, iiva. certain sum, or sums of money, as 
 nearly as maybe, to the amount of the debt or 
 other demand of such plaintiff, or plaintiffs, as 
 the case may admit; and as he, she or tluy 
 ,can lawfully swear or affirm to-. 
 
 'III. Where two or more persons are jointly 
 'indebted, either a* Joint obligors, partners, or 
 otherwise; then the writ or will* of attachment 
 shall and may be ixsued ag.-uhst the^seperaJe ani 
 estate of such joint deb tors-, 01 any oi them, 
 
 either by their proper pauies-,. or by or in the 
 name or style of tne partnership; 01 by white- 
 ^ver. other name ar names sui:h joint debtors shall 
 'be generally reputed^ known or distinguished 
 'within this. Territory v or against the heiis, ex- 
 lecutors or adoxinislrator^ of. ihemv- or eiiHer or 
 :any of them.. And the land> tenements, gpods % 
 Xihaltelis and: effects, or any of tjiein, shall be li* 
 ;able to be seized and taken for the satisfaction 
 of any just debt, or. other deauand ; and may be 
 sold to- satisfy the same;- 
 
 IV. Ko judgment shall Be entered In any at- 
 tachment hereby. directed; to>b ( issued; until the 
 expiradoivoilwelVe inoaili^;: diirihg.wUicli! term 
 the'parfy suing out ihe attachment shall, and he 
 is hereby te^uued to cause notice thereof to be 
 
C '9* 3 
 
 [ advertised In one of the puBlic Newspapers ^f 
 this Territory, al least three times ; and shall, in 
 like manner, eause the-sa-me to be advertised in 
 one of the News- papers, at the seat of the -United 
 Stales - government, wherever it may then be; 
 and also in one of the news papers, published in 
 Kentucky : which adve^tisetrreat slulhset forth, 
 that a foreign attachment or attachments have 
 been issued, at who>e suit, and against whose es- 
 tate orestires the same so issued'; an J' that un- 
 less the debtor or d^btors^ whose estate or estates 
 are so seized, shall* appear* by himseff or attor- 
 ney, to give special bail to answer such suit; that, 
 then, judgment vviU be- entered gainst s-urJi-deb* 
 tor oHibtoi-sbv default, aud the estate or es ates 
 attached, be- sold for the satisfaction. of all credi- 
 tors i\hn shall appear to be fustlv entitled to a 
 
 5 demand thereon., auzd. shall agoly for that pur- 
 pose. 
 
 V, No cre^Ii>or or creditors, entitled to any 
 share ot estates, sold under this law, shall re* 
 ceive the same, until he, she or they shall enter 
 into bondtoihe defendant or defendant with 
 good and sufficient security, to* be approved of 
 by the court, and also* to be hied in (he office a- 
 i foresaid, in double the sum so to be received ; 
 with condition thereunder written, that the par* 
 ty. so receiving, shall appear to any suit or suits 
 that shall or may be brought by such defendant, 
 or defendants, within the space *f twelve months, 
 then next ensuing; and shall pay unto suchde- 
 Jendantor defendants all sums of money which, 
 on tiialtobe had thereon, shall appear to have 
 been received, aud not justly due and owing to 
 
E 2003 
 
 such creditor or credilors; together with costs of 
 suit. 
 
 THE foregoing is hereby declared to be a Inw 
 of the Territory ; to take eirect on and firm ilie 
 first day of Oc to her, next ensuing: 7^7/6'- 
 TEMUNr whereof, we Arthur St. OW, 
 John CI eves $y nit ncs and. George I tuner. heve 
 caused the seal of the Territory" lo be theiPin.;o 
 affixed, and signed the same with our names* 
 
 A . s . ! ,M 
 jo:'N t. SYV. 
 
 G. TUKNLR. 
 
 JsOUTfl-WESi; CKTHh Of JO. 
 
 A LAW concerning the duty 
 arid povfrol < oronfis. 'Jt4 
 d op ted IKW //< J\ cttatl u 
 setts (ode, and fitffifltf* cl 
 Cincinnati, the six! ((it tit day 
 of*uly t one lliruiand, seven 
 h u n dred and ninety -Jii * e ; by 
 Arthur St. Clair, governor r % 
 . ST. CLAIR, a nd foh'n Cloves S}rnmes 
 and fleorce Turner, judges, 
 in andovci t-ie said Territory. 
 
 Sect. I, 17VITY crrcrer will.in lie county 
 Ccronor ta *-^ IcT v\hicb he is a|pcinicd, shall 
 
 lervepiocff* serv e all \i riband piecepls, Vvluu il.e fheiirf, or 
 r tarty? Yr ID* any of his deputies, shall tea pirf> lo ihesame; 
 tcreiied. ' and shall return juiois, in all causes, uhere 
 
 the sheriff shall be inreresred, 01 relaled lociiher 
 , ftf> parly. The corouei* shall lake hujuests ot \io- 
 
ttty . , f ^ 
 
 discharge thereof; and give\sediiity ialhesama j^-jYu' 
 manner a* sheriffs are oblige^ to d^. 
 
 11, ftver/ cpi oner shall, as soon as he shall be 
 cei tilled of the dead body 'of aay person, sup- 
 
 Eo-e'.l to have come tQ hUor her death, by vio- 
 iiice or casualty, found or l)ing within his 
 county, iiid&e our his warrant, directed to the 
 constable of the township \\heie the dead body n ,. . , 
 
 r i i i i i i 
 
 is found or lying, requiring him forth with to ^ro ceding* F 
 summon a jury of good and lawful men ofthetac coroucr- 
 same fortra^hip, not le>s than eighteen, in all, 
 (so that twelve may be present) to appear before 
 su'-h coroner, at the time and place in bis war- 
 rant expressed, arid to enquire, upon a view of 
 the body of^n^me here the person deceased, if 
 known) there lying dead, how, in what- man- 
 ner, and by whom he, or she came by his or 
 her death. And every constable, to TV bom sue fl 
 -warrant shall be dhected and delivered, shall, 
 forthwith, execute f he -same; and shall repair 
 to the place where the dead: body is, ai the rime 
 meiirioued, and make return of the warrant, 
 with his proceedings thereo-n, unto the coro- 
 ner who gi an ted ihe same, Lvery constable, 
 failing, unnecessarily, of executing such war p- eoff cmf- 
 rant, orof returning the same, as aforesaid, shall ft.ti>fe failing 
 forfeit and pay the sum of eight dollars: and ia * duty, 
 every person summoned as a juror, as aforesaid, 
 that shall fail of appearance, without having a 
 reasonable excuse* shall forfeit live dollars. ib*ir*? 
 Which fines shall be recovered, .by' action of 
 debt, before any jurisdiction riij,t eaii uke co"ai- 
 
Foreman's 
 
 oath. 
 
 r 
 
 yanre of die-same, and be applied to ttie use of 
 the county. 
 
 III. The coroner shall administer an oath 
 (or affirmation) to twelve of the uiors that shall 
 appear; to the foreman, Iin>U iu the follow ing 
 form ; 
 
 "i OU do solemnly swear (or solemnly, sin- 
 cerely and truly declareand afhrm, as the case 
 is) that you .will diligently enquire, and true 
 presentment make, how, in what manner, and 
 ]>y whom A. B. w ho here lies 'dead, came to his 
 death : and) on shall delirei to me. one of the 
 coroners for this county a true inquest thereof, 
 according to such evidence as shall be laid before 
 you and -according to your . knowledge : So 
 help you God. 
 
 IV. The other IUFOFS shall sweai, or affirm (as 
 the case may be ) in the following lonn : 
 
 SUCH -oath (or affirmation) as your foreman 
 
 jcror's oath, hath taken ) on and each and every of yon shall 
 
 well and truly-observe and keep: So help } on 
 
 fh^r "' f be '! ^' The jurors being sviorn the coroner shall 
 c large jej ^.^ t j iem a c |, a ,-g e upon their oaths to declare 
 
 of the death of the peis(^n ; whether he or she di 
 e'l of feli^m , or mischance or accident ; and if 
 of felony, \\fao were pinci|>als and who were 
 accessaries . with what instrument he or s'he was 
 struck or wounded and so 'of all pievailing 
 circumstances which rnaj come by pre umption: 
 and. if by mischance or accident, whether by 
 the act of man and whether by hurt fall stroke, 
 drowning or otherwise : also to enquire if the 
 thepersons. who (ifany) were-present, the hnd- 
 ^ersof [he body, his or her relations and neigh- 
 bours J whether he or she was killed iu the same 
 
r 203 "i 
 
 where f neV>dy was found , and, if else- 
 e, by whom, and how the body was brought 
 tlieuce ; and of all other circumstances, relating 
 to the said dearh. And if he or she died of his or 
 her own felony, then to enquire or. the. manner, 
 means or instrument, and of all circumstances 
 concerning it. 
 
 VI. The jury being charged, shall stand toge- 
 ther ; and proclamation shall be made lor any' 
 persons, who can give evidence, to draw near, 
 and they shall be heard. 
 
 VII. Every coroner is further empowered 1o 
 send out his warrantor witnesses, commanding 
 
 them to come before him to be examined, and to tendTnceof * 
 declare their knowledge concerning the matter in witoeffcs. 
 question. He shall administer an-oath (or affir- 
 mation) to them in form following ; 
 
 YOU do solemnly swear (or solemnly* sin- 
 cerely and truly declare and affirm) that thejevi- 
 den'reynu shall give to this inquest, concerning 
 the deaih of A B, here lying dead,, shall be the 
 truth, the whole tunh, and nothing but the 
 truth: So help you God. 
 
 Vlll The evidence of such witnesses shall be 
 in writing, subscribed by them : and if it relate WihiefV r*gto 
 to the trial of any person concerned in thedeath, d fig* **> 
 then shall the coroner bind such witnesses, by \^ e ^ 
 reooofiizance, in a reasonable sum, for their per- 
 sonal appearance at the next General, or circuit 
 court, to be holden within the same county, 
 there o give-evidence accordingly ; and commit 
 to the common fail of ihe county, 'any witness, O r, 
 or witnesses,- refusing to enter into such recog- be conunutecL 
 nizance; and shall return to the same court the 
 inquisition, written evidence *and re ognizance 
 by liiia taken. And U:c jury 
 
 D d 
 
C 204] 
 
 the body, hsarJ -the e/idence, and made all 
 eiiifiiiry within their power, shall draw up and. 
 deliver "ito ths coroner, their veidicl upon the- 
 the Jem h uuJer consideration, ia writing, under their- 
 hands and seals. 
 
 /AT. Upon an Inquisition found before any.' 
 
 ^- coroner, of the death of any person* by thefelo- 
 
 Offenders, how - t L ' t. i! n 1-1 
 
 iobe fecureJi n ^ r or misfortune ot anorher T ho .shall speedily.- 
 
 ' inform one or more of the just Fees of the sa.ne* 
 county thereof : to theinteiu, that the persoa* 
 killing, or being any way instrumental to the? 
 death, may be appreluendjeJ, examined aad secure 
 ed, ia order for tiial. 
 
 THE Foregoing Ls hereby declared to be a law 
 of the Territ'ory ; to take effect on and from ihe 
 .fifteenth, day of August, ne ct ensuing: /.V TESTI- 
 jV/QiVTwhereof, we Arthur Sf. Glair* John Cleves 
 Symmes and George Turner^ hatre caused the 
 Seal of the Territory Co be thereunto affixed, 
 and signed the same with our names* 
 
 All. S^ CLAIR 
 JOHN C. SYMMES, 
 G. TUENER* 
 
r 205 3 
 
 OF THE UNITFD'TATTS? 
 
 or THE onto. 
 
 A LAW for continuing suite 
 General and Ciicnit 
 
 Courts. Adopted from the 
 ginia code, and published at 
 Cincinnati, the eighteenth day 
 of July, one thousand, seven, 
 hun dred and nine ty-Jive ; by 
 Arthur St. Oair, governour^ 
 An. ST. CiMt, and rohn Cleves h mines 
 '/ ^eorge Turner,' /feri, 
 in andovei the said Territory. 
 
 ,V HENEVER a iiu'ge ot tlie Territorv may 
 " not be able to attend, to hold the General 
 court, or circuit couit, at thestdiei term to 
 \\hirh ^jch court stands amounted, all sui(s de- 
 i^enJing in the said courts, or either of them, 
 slull stand wuutiiiued over to the next succeed 
 court, 
 
 THE foregoing is hereby declared to be a law 
 O J the 1 Terrirory ; to take effect on and from ihe 
 first day of October, nex.t ensuing: IN T&S* 
 7/MOVr \vhereof, we Arthur St. Clair, 
 John Cleves Sf /times and George Turner, ha\e 
 caused the seal of the Territory to be thereunto 
 . and gkned the same with our nam9. : 
 
 AK. Sr. CLA1P, 
 JOHN C. SYMMES, 
 G. TURNER* 
 
[ 20* 
 
 OFT-r- UMITED STATES') 
 NORTH-WEST. OE THE. OHIO. > 
 
 A LAW to Suppress Gam- 
 ing;. Adopted I mm the 
 Virginia* code, and pub- 
 lished. at< Ci/icrnnali y the 
 sixteenth day of july one 
 thnusin-1* seven* hmi'lmi 
 and ninety<fiv', by Arthur 
 St. Clairj govemnnr , a/ii 
 
 TURNER 
 
 George 1 urner, y// / . w , ;^ 
 cn^ oiAd/- the said Terri 
 tory. 
 
 Sect, L jry^RY promise, agreement; nofe, 
 
 ' bill, bond,' or other contract shall 
 
 te void; if made to pay, deliver or secure money; 
 
 or, other, thin, won> OF obtained by playing it 
 
 cards, dice^. tables^., tennis bowls orothergafnes ; 
 
 or by betiing or- laying on the Kinds andaidesof 
 
 any person who shall play at such games, or be 
 
 won on ob aiiied by betting or laying on any- 
 
 horse race or/ cock.fjgbting, or at any other 
 
 sport or pastime ; or on any wager whatever, or 
 
 to repay OF secure money, or otlier thing lent or 
 
 advanced) lor- that*.purpc>se; or lent or advanced 
 
 at the time.ofsuch'-g^min^, sporting,, or wager, 
 
 loa person Jhen s> r-tually -playing, betting, laying 
 
 or adventuring^ 
 
 II. 1 Any conveyance* or lease tif lands, teue* 
 mentsjor hereditaments, sold,' de.nised, orm-)rN 
 gaged!; and any sale, mortgage or other." trans* 
 ier o< personal estate, to any person; or for his 
 use > to satisfy or secure money, or other thing. 
 
by him won of, or lent or advanced to the seller, 
 lessor* or nmrigagor ; or w.iiere;>F money or o- 
 ther thing sowon, lout, cr advanced he parr or 
 ail otilieconsideialMii, shall enure to ibe-useofihe 
 htirol such mortgagor,, lessor, bargain or or ven- 
 dor , and bhallvest the whole estate and interest 
 of sucH peisonin the lands tenements or heie- 
 diia merits-' so leased; mortgaged; bargained of 
 sold, and in the personal estate so sold, mort 
 g.i^ed, or other AJse transferred, to ail intents and 
 p. -posoi in ilie heir of such lessor; bargainer, 
 Bf. tgigor or vendor, as if suc/fr lessor, bargaia* 
 or moi:gagor or veirdor had dkd intestate.. 
 
 111. No tavern keeper,- or innh'oldcr; shall* 
 permit 01 suffer iirds dice, bHliards, or any in- 
 suinnent of gam nig to be made use of in his dwel- 
 ling bou'-e or in any^ outhouse- or under any* 
 booth, ai bowi or othnr pkce upon the messuag<?- 
 or tenementlie occupies where money, or liter 
 properly shall bebetred or pla)edfor; upon pain 
 of being denriveJ of his licens.e', and forfeiting a 
 sum not exceeding two bmidred dollars r nor 
 less than (itty dollars ; to -be recovered byactioa- 
 of debt, in any court of record 5 one half to the 
 pirty first informing, the other half to the uso 
 ofthe Territory : but uhere-th'c action shall be 
 broughr, ex officio by theof:jcer prosecuting the 
 pleas, ihen the whole of sudi-fine sliallgo to the 
 use of the Territory. 
 
 7^, P/dvrded; That if such tavern keeper, on. 
 inn holder, shall give information of the offcnrc 
 aiivi the uame,or.natn-es of the party offending, 
 to the court next' siuting in or for the comity 
 wherein- he resides, he shall not be si 
 to tiiexTisabiiity andpeaalty [&l mentioned. 
 
C 203 1 
 
 V. TVo justices ol the peace may cause to 
 come before them. any person not possessing a 
 visible estate, nor exercising a lawful Irade or 
 profession, and suspected ty them to sup- 
 port himself, lor lle most part, by gaming \ anxl 
 if, upon examination, the suspicion shall appear 
 to be well founded, they shaft require surety of 
 Iiim for his good -behaviour during the term of 
 twelve months; and if, be/ore the expiralkm 
 thereof, he shall pkay for, or bet any money or 
 other thing, or cause or suffer, any game whate- 
 ver tx)be played lor money or other thing, he 
 shall be adjudged to have broken the condition 
 o! his recognisance. 
 
 VI. No person, in order to raise money or 
 other property, for himself or another, shall pub<- 
 licly, or privately, put up a lottery of blinks 
 and prizes to be drawn or adventured for, or arfy 
 prize or thing to be lalfled or played for. Who 
 cvar shall offend herein shall forfeit to the use of 
 the Teirilory the whole sum of money or pro- 
 perty proposed to be so raised org*med.. 
 
 yiL The presiding judge or us rice in the se- 
 veral courts of laW, shall at every coun give 
 ih-s act in charge to the grand jury as spou a* 
 sv\orn. 
 
 THE fore gmng is here by declaied lobe-aLnv 
 of fhe Territory ; to take effect OL anj from the 
 first day of October, next ensuin- : IN T&S* 
 TIMONY whereof, we Arthur St. Clair, 
 John Cleves Symmcs and George 7 urner, have 
 ca-isedrhe seal of the Territory* to be thereuatfe 
 affixed, and signed the same with our names. 
 
 AK. ST. CLA'R, 
 JOHN C, YMM3, 
 G. TURNER.. 
 
TEP R ITOttYCF Til UNITED STATES} 
 r.O^ FH OHIO, 3 
 
 A LAW as Co-proceedings in* 
 Ejectment, distress- for hen t,. 
 aud, Tenants at will holding 
 over. Adopted from the 
 Pennsylvania/I. cods, and f 
 published al Cincinnati, llie 
 seventeenth day of- July, 6/zcr 
 thousand, seven hundred' 
 i. Sr, CTI*, and ninety-five ; by Arthur 
 
 j?\ IX vr ' v- **- / J * ./ 
 
 JOB* f . SYMME, 5 Ej| Clair, governour* and' 
 G-.rujvN^** John Cleves' Symmes, and 
 
 George Turner, judges, in and 
 
 wsr the said. Territory,.. 
 
 made. 
 
 QP^ T TTrHEREanygoodsorcrialtelssIuU' 
 W be distrained lor any rent, re* 
 served 'and due oj,i vty Jomw. lei j o ^>TZ 
 tract, whatsoever, an I the waanl or owaer of e a whea .. 
 the aoods 90 distraine.1; shall n-->t, wahui Era P u*jr. 
 days Tacit after such di.ires* taken' (and notice 
 AM, with th3 cause of *-wh taking left at 
 the d>vellin- h > e, or other m.nl n Jtoric 
 place oiths 3iUe, diujjl mth ths reat 
 Distrained for) re ? tery the same, with sufticieat 
 secnritv to be r to th3 ilnritf, according tr 
 kw ttatlh- I i-il insachunse, after sach dis- prhinrlfr. th* 
 ess and notice, aaf<Kaid, aai e-cpiratioa of '** te 
 thesaM-fwa days, tha par*a distniaiaz saall 
 and may, with the sheriff, u: ter sheriff, or 
 any constab'.ein the city or county where such 
 distress shall be.takea (who are hereby required 
 to be aiding an 1 assisting therein,) cause the 
 goods anu chattels, so distrained, to be appraised. 
 
I 
 
 fvy two reputable fcerJioWinw who shall have and 
 receive, for their ironh e the si^m of fifty cents, 
 per diem, each, and in'lbar propnition for a long- 
 e^r or shorter time ; and shall first take the fol- 
 lowing oaih or atfouraJon. /. A* B. mil well 
 and truly \ accord'' n^ io the? best of my nnder- 
 standing* appraise the good&and rfwtte/s of C. 
 D dislra in ed on, for / en A, by L . F W h ic h oa * h 
 or aflirruation, such sheriff, under fheiin or 
 constable, is hereby empowered and leijiim-d 
 fl to administei ; and, after, -.such appraisement, 
 
 may "be fold! * s ^ al ^ or n ^ * after s ^ x days public notice, law- 
 fully sell I he goods jand chattels, so distiained f 
 for the best pi ice tbarcarTbe gotten for the same ; 
 for and towards, satisfaction of the rent for which 
 the said goods apd chattels shall be dis'tiained, 
 and of the charges of such distress, appraise- 
 jnentand sale ; leaving the overplus if any, ia 
 Ihe hands of the said sheiiff under-sheriff or 
 constable, for the owners use. 
 
 Penalty on ^ Upon any pound breach or rescous of 
 
 -refcotts of goods or chattels distrained for rent the person 
 or persons grieved thereby shait in a special ac- 
 tion upon the case for the wrong thereby sus- 
 tained recover his her or their treble damages, 
 and costs o/ suit against the offender or offend- 
 ers in such rescous or pound breach anv or 
 cither of ihem ; oragainst the owner or owners 
 of the goods distrained in case the same be af- 
 lerwarcjs found to have come to his or their use 
 or possession. 
 
 ^ er 111. Provided, That in case any distress and 
 ^frud?7uhjrcb sa l e sna ^ beniade, by viriue of thjs law, for 
 asartiimr to rent pretended to be in arrear and due when in 
 fui tt i double^ ^nith* no rent shall appear to be in arrear or 
 
 person or persons distraining or to 
 
r 2TT ] 
 
 lilm or them in whose name or names, or right,, 
 snch distress shall be taken as aforesaid; then 
 the owner o( such goods and chattels, distrained 
 and sold, as aforesaid, his executors or adminis- 
 trators, shall and may, by action of trespass, or 
 upon the case, to be brought against the person 
 or persons so distraining, any or either of them, 
 his or their executors or administrators, recover 
 double the value of the goods or chattels, so 
 distrained and sold, together with lull costs of 
 suit. 
 
 1W The goods and chattels lying or being in 
 or upon any messuage, lands or tenements, whicli Jje to 
 are or j-hall be leased for life or lives, term of P aid ootf 
 years, or otherwise, taken by virtue of any exe- " raia 
 cution, shall be liable to the payment of all sn^li 
 sum or sums of money, >saie or shall be clue for 
 J-enl lor the premises,' at the time of talcing such 
 good? and chattels by virtue ot such execution. 
 And the said sheriff shall, after sale of the said S t, e ..:<f to pa 
 goods and chattels, pay to the land-loul, or other h over to land* 
 person impowered to receive the same, such lard, 
 rent so due, if so much shall be in his hands; and, 
 il not, <-oinuf li as shall be in his hands; and ap- 
 ply the overplus thereof, If any, towards satisfy- 
 ing the debt and costs, in such execution iricn- 
 hojiocl : Provided always, that the safd rent, so 
 to b?, paid to the land-lord, siuui not exceed one 
 yea is rent. 
 
 V. In cass any lessee or lenartl for life or lives, 
 teinrof year?, at will, or otherwise, of any me? 
 suages, land>, or tenements, upon Hie demise 
 whereof any rents are or shall be reserve* f, or T^naut 
 made payahle T shall, fraudulently, or clarides df'Hael^re. 
 tinely, convev or carry off, from such deiiiiserl inov '"g^ 
 
 '. , * ', ... . gi^d* land* 
 
 prcaiises, aisguoas or cnattels, w:::i latent to 
 
 e 
 
prevent Iceland-lord, or lessor, from distraining 
 
 frunrfw^ibin l ' ie sainc ior aneais ' il3C h Ien t. so leserved, as 
 y> <Uy^t~ aforesaid, it shall and may be lawful to and for 
 such lessor, or land-lojcf, ora-} o-fher person or 
 persons, by him, for that pipoe, lawfully Jm 
 powered, within ihe space ot ihtrty days, ne>t 
 ensuing such conveying, away, 01 carrying off 
 suchgoods, or chattels asaloie^aid, to Lsie and 
 seize such goods and chattel 6 , wherever the 
 same- may be found, as a dimness for the s*id ar- 
 rears or; such rent, and the same to-sell or ollier- 
 wise dispose of, in such manner, as it the said 
 goods and chattels, had actually been distrained 
 by such lessor, or land lord, in 01 upon sue), de- 
 mised premises, for stir h arrears of rent ; any 
 law, custom or usage to the contrary, notwith- 
 standing. 
 
 PJ.PtaviJeJ nevertheless, Thafnothfric herein 
 
 Provided fach . j i n j LI i 
 
 renot contained shall extend, or be deemed 01 cons ru- 
 
 >ona ed to extend*- to impower such lessor, or land- 
 to an. lord; to takeorse z.3 any such goods or chattels, 
 as a distress for arrears of rent, which shall be- 
 bcna S.le, and for a valuable consideration, sold 
 before such -seizure made to**any person -or pcr^ 
 sons not privy to such Iraud, as* aforesaid: any 
 thins herein to the contrary notwithstanding- 
 
 yil. Ifskall and may bq-lawfiil to and for every 
 lessor or Und-lcrd. lessors or land lor&ls or his her 
 or their bailifls receives or other person or per- 
 sons, itfipovcrcd -by him, her, or them. to* tale 
 and sci e as a distress lor arrears of rent, any 
 to lamK ca I lie OP stock of their respective* tenant or- ten 
 
 f . c<1 /*atUs* feedinffor pfrarin<; upon all 'or any part ol 
 ***"* i i i it! 11 i 
 
 ,ttock, corn, the premise.s ceiius-ed or holcleii f anq*al>o lo lake 
 
 and xcvizc ail so: ts of 'corn and grass hops, loots, 
 ftuits, puLcGi-c-llier froducl whaisotver, which 
 
shall be growing on any part of the estate or es 
 tares, so demised or holden, as a distress for ar- 
 rears of rent; and to appraise, sell or otherwise 
 dispose of the same towards satisfaction of the 
 rent for which such distress shall have been 
 taken, and of the charges of such distress, ap- 
 praisement and sale, in the same manner as other 
 foods and chattels may be seized, distrained and 
 Upo ed of ; and the purchaser of any such corn. 
 grus, hops, rooU fruits, pulse or other product, With 
 snail have free egress and regress to and from the of e * r ' 19 
 same, where growing, to repair the fences from 1'fJuK^Tt and 
 time to time, and when ripe to cut, gather make perfctfc die 
 cure, and lay up and thrash, and after to carry crcrps. 
 the same away, in the same manner as the tenant 
 might, legally have done , hadsuch distress never 
 been made 
 
 Vlll. Whereas great rnconveniencies may 
 freq tently happen to land-lords by their tenants 
 secreting declarations in ejectments which may- 
 be delivered to them; or by refusing to appear 
 to such ejectment; or to suffer their land, 
 lords to take upon them the defence thereof. 
 Every tenant, therefore, to whom any declaration T cnallt ct>Q . 
 in ejeciment shall be delivered for any land, te- crying 
 jiements or hereditaments, within the Territory 
 shall, forthwith give notice thereof to his or her 
 land lord, or laad lords oT-his her or their bailiffs 
 receivers-agent or attorney ; under penalty oi 
 forfei.'ing ^the value of two ycafs rent ot the 
 premises so demised, or hoiden in the possessioa 
 of such tenant to the person of whom lie or she 
 holds; to be recovered by aclio-n*of debt to be 
 brought in any court where the same may be 
 cogni able whereto no essoiu, protection or wa- 
 
r 214 1 
 
 geroflaw shall be aUo-wed, nor any more than 
 cm e impair lance,, 
 
 XL it shall andinay be lawful for the co-art 
 Goart way fuT ^ hero such ejectment shall be brought to suffer the 
 l nj -l rrforlanil larjs to make him, her, or them- 
 selves dependent or d'efendents, by joiiiing with 
 ihc tenant or tenants to whom- such- declaration. 
 in ejectment shall be delivered*, in case fee or they 
 shall appear: but in case sutfi tenant or tenants 
 On non aj- shall refuse or neglect to appeir, judgment shall 
 be signed against the casuei ejector, fpr want ol 
 to gj 9 such appeaiance, but if the land-lord or land- lords 
 apatnA the ca. of any part of the lauds, tenements or heredlu- 
 iualj-aor. m ents tor v\ Inch such ejectment v^as brought, 
 Lajfa -lord wy shall desire to appear by hhiiselfor themselves, 
 by-fcifor atior. and consent to enter into the like rule that, by 
 ne) and enter thecourse of the court, the tenant in possession, 
 3 roic, &c. j u casc j ie Qr s j ie ^j a pp eare ] s ought to- ha\e 
 
 dona; then the co-urt, where such ejectment 
 shall be brought r shall and may permit sLeh land- 
 lords so to do, and older a stay of execution, 
 upon such judgment against the casual e ector, 
 until they shall make further order therein. 
 
 X. Whereas great difficulties, often arise itt 
 making avowries, orconniuance, upon distress, 
 f orre nt: it shall and may be lawful, for all de 
 fendantsin replevin to avow or make connuzancos 
 gene* generally, that the plantilf in replevin, or other 
 tenant of the lands, and tenements, vdieieon. 
 such distress was made, enjoyed the same under 
 a grant or dem-ise, at such a certain, rent or ser- 
 vice, during the time wherein the rent or service 
 distrained For incurred; which rent or service 
 \vaslhen, and still remains, due > without further 
 setting forth the grant, tenure, demise or title of 
 such laud- lord or Ian W or ds^ lessor or lessors,- 
 
 *con" 
 
any law or usage to the contrary, notwithstand- 
 
 ing and if the plaintiff or plaintiffs in such lf . 
 
 r 11 L i- i non-lJJt, al 
 
 action snail become nonsuit, discontinue his, Cenr -, nu< , or 
 her or theiraciion, or have judgment given a lofe 
 
 gainst-hhn, heror them, the defendant or defend- b * 
 
 ants, in such replevin, shall recover double costs dottule C a8 
 
 of suit. 
 
 XI And to prevent vexations replevins, or 
 digresses, taken For rent, all sheriffs and other 
 officers, having authority to serve replevins, may 
 and shall, in every replevin of c distress for rent, sberifF&f* 
 take in their own names, from the plaintiff and fcrvingrc- 
 one responsible person, as surety, a bond in p*jisjo'iake 
 double the value of the goods distrained (such fJJjJ M *|% f e . 
 value to be ascertained by the oath, or aftirmati- c riry tf to proc 
 on, of one or more credible person or poisons, ~ cu re w*k 
 not interested in thegoods or distress,- and which * ffect; 
 oath- or affirmation, the person serving such 
 replevin is hereby aulhorzied and required to 
 -administer) and conditioned for prosecuting the 
 suit with er'ect and without delay,and for duly 
 returning the goods and chattels distrained iri 
 case a return shall be awarded before any deliver- 
 ance be made of the disuess. And such sheriff* 
 or other officer as afoiesaid; taking any sucli 
 bonds, shall, at the request and costs of the avow*/ 
 ant or person making connu ance assign such 
 bond to the avcv\ ant. or person a.'oiesaid, by Sheriff way 
 endorsing the same^ and attestingit under his 
 hand and seal in the presence of two credible 
 witnesses. And if the bond so taken and assign- 
 ed, be forfeited theavo-vvant, or person making 
 connuzance, may bring an acction, and recover 
 thereupon, itt his own name ; and the court where 
 such action shall t>3 brought may by a rule of 
 the same court give sucii relief to the parlies* 
 
atferentro, .upon sucli bon<3 as may be agreeable fcct justice 
 may role and reason : and such rule shall have ihe nature 
 T r and eflect of a de ^asancelo such bpnd. 
 
 Xll. Wher-e any pei son or persons have leased 
 .erdemised any lands, or tenements loany person 
 orpersons lor a term of one or more '} ears, or at 
 will, paying certain rents, andheor they, pr his 
 cr their, heirs or assigns shalli be Desirous, upon 
 : jhe determination of the Jease to have again, and 
 repossess his or their estate O demised and for 
 lngs * na \ purpose shall demand and require his or 
 jenants , jheif lessee r f ^enant-^o remove /rom and leave 
 lhe same ;' F if-che lessee- or Xenant shall refuse to 
 -comply-*, therewith, in ihi-cc, months after such 
 .rccjuest^lo'lwni .jnade, it shall and may be. lawful 
 /lo'and'lor sjadilessoi or lessors,, his or their heirs 
 to and assigns, to complain theicof, to any two 
 i. justices of the peace, in the county wheie tho 
 fach Jenjis^J premises are situate : and upon duo 
 .proot made before ibe. said justices, that the said 
 lessor, or lessors '-hatl been quietly and peaceably 
 possessed of the lands or teneroenis,.so demanded 
 lo bedelivered up : that he or they demised the 
 *sanie, under certain rents to the then tena-nt in 
 po^sc^ion, or some person or persons under 
 whom svch tenant claims, or came into posses*, 
 sioti ; and that the teim. for which the sa-wie wa$ 
 ,cljeniised, is/full^ ended ; then andinsucfo case f 
 ;Jl shall and may belawful for tliesaid two justice 
 /cs lo wliom complaint shall be made as aforesaid, 
 ,-aiid ibcy .are hereby enjoined and required* 
 lorlhwiln to -.issue their 'warran-U Directed to \hQ 
 slieriff of the couuty^ thereby commandipg the 
 to sheriff to summon twelve free holders /to appear 
 i)c hd before before the said justices within four days pext 
 th<un * after issuing such warrant ,-and also to summon 
 
the lessee or tenant, or other person ciaiminjy 
 or coming into possession., under the said lessee, 
 or tenant at the same time,, to appear befbra 
 them, the said justices and freeholders, to- shew 
 cause i f any he has, why restitution of the pos, 
 session of the demised premises should not be 
 forthwith, m-add to suchlessor or lessors, his or 
 their heirs or assigns: and if upon hearing the 
 parties (or incase ihe tenant of other person 
 claiming or coming into possession. 1 Hinder the 
 said lessee or tenant, neglect to appear ; after be- 
 ing summoned as afore aid) it frhtllappe'ar to the 
 said justices and freeholder's, that th lessor or 
 lessors had been possessed of the lands or tene- 
 ments in question ; that he or they had demised' 
 the same for a tefui of years or at will, to the 
 person Ln possession orsotie other undeTwhoiu 
 hs or shs claim?- or caiae ino possession, at a 
 certain yearly or other rsi?; 31 r*4tt the term is 
 fully ertdeJ ; thitds nin 1 had bean mide. of" the i 
 le^es or otlierper^o.i in possession., as afore* 
 said to tei/e'.ths premises thres m>.iths bsffore 
 sncti applicati^ i to th3 slid justices ; thsu 'and in 
 evei-y such cise itshillan.l miy be-, lawful for 
 the said t>v<) u.s-tica^, t-> in'i'C'j a. re^Ox"J of 'such 
 fin ling by the ti thl sai-l'ju aice^aa 1 fra^^olJsrs ; 
 artd tlia ;nd freeli iMsn shall a/>53>^ su^li da;n i;j-, 
 C5, as they think, right? ajiin^t thd tciint, or 
 other person in p^s-session, as atorcs'.iid. far the 
 utt]\ist deteiitioa of the demised: premises* for 
 whirh Gatnag.es, aad -rersonable costs v judgment ^b tenant 
 shall be encored, by the s.-ii-I -juotices and shall lui Jingo v<ri 
 bo final and coticltisive -to the parties, and upo:i 
 which thes^id jus* ice? shall, and they are hereby- 
 enjoined and required, to issue their* warrant 
 under their hands aod seals, directed to * he she. 
 
He -pofleffion of 
 the premifcs 
 ivtn 
 
 \Vben title fet 
 up by Icilee or 
 tenant, pro- 
 crcdiiigs iherc- 
 
 Claimant to 
 give bond to 
 profecote his 
 claim at the 
 next court of 
 C. f. 
 
 But if the 
 claim be not fo 
 profecured 
 judgement ro 
 be r-cudcrsd. 
 
 C 218] 
 
 rifF of the county, commanding Mm, forthwith 
 lo deliver to the lessor or lessors, his or their heirs 
 or assigns, full possession of the demised premi- 
 ses aforesaid ; and to levy the costs taxed ny the 
 justices, and damages, so by the freeholders, a* 
 iorcsaid, asse-ssed, of the goods and chartels of the 
 lessee or tenant, or other person in possession* 
 as aforesaid ; any law, custom or usage to the 
 contrary, notwithstanding, 
 
 XI 11. Provided nevertheless, That if I he 
 tenant shall allcclge lhat ihe tilleto (he lands and 
 lenamenls, in question, is disputed, and claimed 
 by some other person or poisons \\hom he thali 
 name, iiiviitucof a right or title, acciucd or hap- 
 pening sin(e the commencement of the lease, so 
 asafojsaicl made to him b\ descent, deed, or honi 
 or under llielast vull o* li;c lessor ; and if, (here- 
 upon, the* person, so claiming, jhall, forthwith, 
 or upon fl Himnions, immediate!) ro be issued, 
 by the said justices, re uruable before them in six 
 clavs, next loUovving, appear, and, on oalli or af- 
 firmation, to be by the said justices administered, 
 declare, llial, he verily belie\es, he is in li Lied to 
 I he 'premises it) dispute; and shall, wifh one or 
 in ore sufficient surities, become bound, by recog- 
 ni/ance in the sum of two hundred dollars to the 
 lessor or lessors, his or I heir heirs or assigns, to 
 prosecute his claim at the next court of common 
 pleas lobe held for the county where the said 
 lands and tenements shall be ; then and in such 
 case, and not oiherwise, the said justices shall 
 forbear to give the said judgment. 
 
 XU/~. Provided 'also i That if the "said claim 
 shall not be prosecuted/ acco'ding to t'helrue in- 
 lent and meaning of li;e said recogn izance, it shall 
 be forfeited to the l 'u*e of the lessor or land lord, 
 
C &9l 
 
 and the justices aforesaid, shall proceed to gfve 
 judgment; and cause the lands and tenements, 
 aforesaid, to be delivered tohim> in the manner 
 Jierein before enjoined and directed, 
 
 XV* It shall and may be lawful for any person 
 or persons, having any rent in arrear, or due 
 upon lease for life, or liv/es, or for one or more 
 years, or at will, ended or determined, to distrain 
 for such .arreas after thedeterminalion of the said 
 respective leases, in the same manner as they 
 might have done, if such lease or leases had iioE 
 been ended or determined: provided that such 
 distress be made during the continuance of such 
 lessor's title or interest* 
 
 THE foregoing is hereby declared to be a law 
 of the Territory ; to take effect on and from the 
 first day of October, next ensuing: INTES~ 
 TlMONf whereof, we Arthur St. Clair, 
 John Cleves Symmes and George Turner, have 
 caused the seal of the Territory to be thereunto 
 affixed, and signed the same with our names. 
 
 Aft. Sr. CLAIK, 
 JOHN C. SYMMES; 
 O. 
 
OF THE UNITED STATES 7 
 NOiiTH WEST OKTHt OHIO. 3 
 
 A LAW Limiting Imprisonment 
 for debt, and subjecting certain 
 debtors andrtclim|ucrrts to ser- 
 vitucFe. Adopted ]ron* flie 
 Pennsylvania n code, and pit b~ 
 lished at Cincinnati, the ///- 
 t tenth day August, one thou* 
 AR. Sr. CLAJ*, sand, seven hundred and ninc 
 jofl*c.SYMs .ty-fw; by Arthur St. Clair, 
 
 ^ govcrnour, and john Cleves 
 
 S) mines and (George Turner, 
 judgc*\ in and over the said 
 Territory.. 
 
 jV^O'person slrallbe kept in prison, for debt or 
 TmpHfonment fines, longer than the second day of the ses- 
 
 Utn'aed 1 - unkfs s ^ ons next after his or her commitment ; unless 
 lc c . the plain tiff shall make it appear, ihat the person 
 
 imprisoned hath some estate that he will not dis- 
 close.: then, and in every such case, the court 
 shall examine all persons suspected to be privy to 
 Concealment of 'the concealment of such estate ; and if no suffi- 
 eftates, cient. estate be found, the debtor shall make sa- 
 
 . t is faction; by personal and reasonable servitude, 
 tndeof debtor* accor< ^i n & to the judgmentof the court where such 
 to pay the ' action is tried (but only il the plaintiff require it) 
 pot exceeding seven years-, where such debtor 
 is unmarried, and under the age of forty years; 
 unless it be the request of the debtor, who may 
 be above that age : but if the debtor be manied, 
 tinder wbat anc j UTlc ] er the ags of thirty six, the servitude 
 shall be for five years, only ; and with which thi 
 married man, upwards of thirty six shall be p T 
 vileged, if it be his reo t uest. Should the plr 
 titf refuse to accept such satisfaction? accor 
 
221 
 
 to the judgment of the court, as aforesaid, ttiea 
 the prisoner shall be dischaged, in open court f 
 and the plain tiff be forever barred from any fur* 
 ther or other action for the same debt. 
 
 foregoing ishereby declared to'be a 
 of the Territory ; to take immediate effect, and 
 continue in force until and to the end of the next 
 session of the governouj and judges, in their le- 
 gisktive capacity : IN TkS riM-OJM whereof, 
 We Arthur 6Y. Clair. John Cleves Symrnes and 
 Georgs Turner, have caused the seal of the Ter- 
 ritory to be thereunto affixed, and signed die 
 same with our names. 
 
 ^K ST, CLAIR, 
 JOHN C. SYMMES, 
 G~ TURNER. 
 
APPENDIX. 
 
 F/IIDAT, Auguft 7, 1795. 
 
 On Motion of Judge Tutner, 
 
 RESOLVED, 
 
 the minutes of the Legislature, together with tfce 
 exhibited accounts of the Public Treafurers, may be 
 published, from time to, time, by any Printer willing to 
 print and pablifh the fame, for. bis own emolument^ 
 but at bit- own private expenie. 
 
 THURSDAY, Aaguft 13. 
 RESOLVED, 
 
 That public convenience requires, that the Govercoar 
 fhould caafe Public Ferries to be ettabliflied. And whereas 
 no la vvs concerning Ferries can be found for adoption, but 
 foch as are of * local, not general nature t Ana it bfii-g 
 effenlial that Ferries fhould immediately be eftablifbed 
 thro aghout the Territory, and a. mode directed for fixing 
 the rates of Ferriage. 
 
 RESOLVED therefore, 
 
 Thar the Gevernour be requefted to declare by proclaraa* 
 tioo, or otherwife, from time to time, what Ferriet fhalL 
 be ereded by whom to be kept, and where. 
 RiibOLVEDalfo, 
 
 That the federal i oart of Quarter SefGons be empower* 
 ed, and they are hereby authorized and empowered to fix, 
 from time to time, the rates ro be demanded atthe Ftr* 
 ries now or herraifer to be eftablifhed in their refpeclivc 
 coanties, having regard to the diftance which the Kerry- 
 boats have to travel, and the danger or di&uihies iaci*. 
 dent to the fame. 
 
 TUESDAY, Aogufl 18* 
 RESOLVED, 
 
 That w'icre perfons fafficiently learned'in the law can be 
 foonJ to fill the benches of the courts of Common Pleas, it 
 wojjd be the fafer way to coainiifiion them during good be* 
 baviour. 
 
 RESOLVED, 
 
 That con nilH 703 iflj-d by the Governour, and creating 
 no cxrsis coaJicloa or lijiiutio.! as to the duration oft 
 
ffee office, are in lli* dature of a grin*/ and muft be taken 
 iuoP. favourable for the grantor, 
 
 RESOLVED therefore, 
 
 That ail fucb cominifiijns may, by expreft revocation, be 
 avoided or revoked, 
 
 THURSDAY, Auguft 20. 
 On Motion of the Covet nour. 
 
 'Whereas it hat'been' reprefented to the Legiflatnre, 
 that from a change in she prrpuUcio'i of the county of it. 
 Clair, the/diitri-.'l of Prairie da Hocher, \9 become incdn- 
 and that the couits therein cannot be kept up. 
 
 That the Govenmorcfray, if he-fliall find the cadf to be 
 as has l?eu re^relcn-el didoU-e, by proclamation, fire 
 faJd dtftricT: of Prairie du Rocher. and fupprefs the fevemi 
 Courts directed to be held tliereiii and divide the i'aid dit- 
 trict in* the mod convenient manner for the inhabitants : 
 adding -one part to, and incorporating the fame with the 
 of Kahokia, and the other part trith the dillrict of* 
 
 Tn Page r66, in the foot of the Law, for the Speedy 
 fignment o* I3cJwr,for u Sixth day of June,*' read, firfc 
 day of 
 
TABLE of the LAWS, 
 
 J. A LAW fubjecYmg ReaT Kftate to Execution far Debt, 
 2 allowing Domett ic Attatchments. 22 
 
 .3 __ regulating Domettic Attachments 55 
 
 4 __ lor the eaij and f'peedy recovery of fmall 
 
 Debts. 30 
 
 5 concerning Defalcation. 39 
 
 6 for the trial and punifliment of Larceny 
 
 under a collar and a half. 41 
 
 7 to prevent unneceflarj delays in trial, 
 
 atttr jffuc jointd 4$ 
 
 8 edabli/hing Courts of Ju3icaturc 44 
 
 9 for the 'Limitation of nations. 5.4 
 IO for the relief ot perfons confclentioufly 
 
 fcrupulous to teke an Oath in the 
 common form. 57 
 
 IX <- for the recover) of fines and forfeitures ; 
 
 and directing how the fame are to be 
 
 12 TegClating an^ afcertaiDii g the FeesoftKc 
 
 i'ev^ral officers and perfous therein 
 
 named. 6; 
 
 13 . for elta-blifliiag Orphan fc r<"ourt. 8t 
 
 14 for the ieuUmeut of inte(la.tes* t^latef. ye> 
 
 15 ^ to licenfe and regulate Taverns. ^6 
 j6 eUubldhing thq K6order"s o'ffices. 101 
 17 for raiting County Kales and LevieVt 10^ 
 J8 for the (relief of the Poor. 127 
 
 19 concerning the Hrobale of Wills written or 
 
 nuncupative. 148 
 
 20 regnlaiiiig linclofures. 1^3 
 21 as ^:o the order of paying debts of jperfons 
 
 deceafed. 157 
 
 32 - concerning I'refpaffing Animals. 157 
 23 directing how hinfbaad and \\ife may 
 
 convey their ^ftate8. 162 
 
 f 24 for the fpeedy alignment df Dower. 164 
 
 25 giving Remedies in quiry, in certain cafes r66 
 
 26 . againit forcible J.-ntry and Detainer 168 
 57 annulling the Diftinftion between 1'etic 
 
 Irealbn and Murder. 174 
 
 38 oeclarin^ what Laws (hall be in force. 175 
 
 39 to prevent ircfpaflin^g, by tuning of Timber. 176 
 
C 22; ] 
 
 $0 AN ACT, repealing certtin Laws and As, and ' 
 
 parts of Laws and Acts, j^g 
 
 31 A LAW refperting Divorce, ,g 2 
 
 32 for the p-ai thion of Lano*. 185- 
 
 33 allowing Foreign Attachments, 197 
 
 34 concerning the Du-y and Power of Coroners. 200 
 gj -. for continuing ->uiis in the General and 
 
 Circuit Courts. 20 j 
 
 ^6 to fupprefs Gamfng. 206 
 
 ^ 7 as to proceedings in Ejeclment, Diftrefs for 
 
 rent, and Tenants at will holding over. 209 
 38 : limiting imprifonraent for Debt, and fubjeft 
 
 jg certain Debtors and Delinquents to 
 
 ferviiude. 22O 
 
JO. 
 
 
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