T

bills:

THE LAWS OF 1792.

HE session of the council for the year 1792 seems to have been held in Cincinnati prior to the first day of August, and including that day, Messrs. Winthrop Sargent (acting Governor), Symmes, and Putnam signing and publishing the following

August 1-Granting licenses to merchants, traders, and tavernkeepers.

August 1-An act creating the office of Treasurer General and of county treasurers.

August 1-An act directing the manner of raising money to defray the expenses of the several counties.

August 1-An act regulating the opening and care of Highways. August 1-An act directing the building of a court house, jail, pillory, whipping post and stocks in every county.

August 1-An act regulating prisons.

August 1-An act regulating strays.

August 1-An act repealing so much of the law creating the office of clerk of the legislature, as required him to furnish certain public officers with manuscript copies of all acts of the territorial council. (Congress having provided for the printing of the territorial laws in Philadelphia.)

August 1-An act supplementary to the law of November 23, 1788, regulating marriages.

August 1-An act to regulate the admission of attorneys.

August 1-An act to empower the judge of the Probate Court to appoint guardians to minors.

August 1-An act prescribing forms of writs and mode of procedure in civil cases.

August 1-An act establishing the fee of judges of the Probate Court, of the Common Pleas Court, clerk of the Common Pleas, Probate, Orphans' and Sessions' Courts, of the Court of Quarter Sessions, General or Supreme Court, clerk of the same, attorneys, attorneys for the United States, witnesses, constables, coroners, sheriffs, criers, jailers, grand jurors, etc.

These laws are found in a published volume of the date of 1792, Philadelphia, and certified by Winthrop Sargent, Secretary.

TH

THE LAWS OF 1795.

HE council sitting in 1795, in the town of Cincinnati, devoted the months of June, July and August to a careful revision of the code laws then in use in the territory, and by an act of repeal (See law of July 14 in list below, eliminated those laws to which, as exceeding the authority of the council, the Congress had objected, at the same time putting into operation new laws in their stead, which, by careful citation of the authority of some one of the original states, attested the propriety of such act by council.

The sitting members of the council at this time were Governor 'St. Clair and Judges Symmes and Turner, who certified, and caused to be published at Cincinnati, on the dates mentioned in each case, the following, which, being printed by William Maxwell, printer of Cincinnati, came to be known as "The Maxwell Code."

Cincinnati, June 1, 1795-An act subjecting real estate to execution for debt. Effective August 15. Signatures: St. Clair, Symmes and Turner.

Same day and same signers-An act allowing domestic attachments. Effective August 15. An act regulating domestic attachments. Effective August 15.

June 3-A law for the easy and speedy recovery of small debts. Effective October I.

June 3-A law concerning defalcation. Effective October 1. June 5-A law for the trial and punishment of larceny under a dollar and a half. Effective August 15.

June 5-An act to prevent unnecessary delays in causes, after issue is joined. Effective August 15.

June 6-Establishing courts of judicature. Effective August 15. June 10-For the limitation of actions. Effective October 1. June 11-Prescribing form of affirmation for those opposed to the common form of oath. Effective October I.

June 11-For the recovery of fines and forfeitures. August 25.

Effective

June 16-Ascertaining and regulating fees of the officers and persons named. (From New York and Pennsylvania Codes.) Effective October I.

June 16-A law for establishing orphans' courts (Pennsylvania). Effective October I.

June 16-A law for the settlement of intestates' estates (Pennsyl

Laws of 1795.

June 17-A law to license and regulate taverns (Pennsylvania). Effective August 15.

June 18-Establishing the recorder's office (Pennsylvania). Effective August I.

June 19-Raising county rates and levies (Pennsylvania). Effective October I.

June 19-For the relief of the poor (Pennsylvania). Effective October I.

June 19 Concrening the probate of wills (Pennsylvania). Effective October I.

June 25-Regulating enclosures (Pennsylvania). Effective October 1. June 26-As to the order of paying the debts of persons deceased (Pennsylvania). Effective one year from date.

June 26-Concerning trespassing animals (Pennsylvania). Effective in one year.

June 26-Directing how husband and wife may convey their estates (Pennsylvania). Effective August 15.

July 14-For the speedy assignment of dower (Massachusetts). Effective in one year.

July 14-Giving remedies in equity (Massachusetts). Effective October I.

July 14-Against forcible entry and detainer (Massachusetts). Effective September 1.

July 14-Annulling the distinction between petit treason and murder (Massachusetts). Effective in one year.

July 14-Declaring what laws shall be in force (Virginia). Effective October I.

"Common law of England, acts of Parliament prior to the fourth year of King James I," not local in character, etc.

(This led to endless confusion in the territory, from the fact that no one had the English acts, and all were at sea as to the real nature of the laws put in force by this enactment.)

July 14-To prevent trespass in the cutting of timber (Pennsylvania). Effective August 15.

July 14-An act of general repeal of earlier territorial laws. Effective August 14.

This law repeals so much of the militia law as required the assembling on Sunday with arms, at the usual place of worship; the law respecting clerk of probate; fixing terms of the General Court; for the trial of larceny under a dollar and a half; appointing coroners; limiting the times of commencing civil actions; the acts of 1790 at Vincennes; to alter the terms of the General Court; to augment the terms of the county Courts of Common Pleas, relating to the appointment of township clerks; creating

Laws of 1795.

the office of clerk of the legislature; abolishing the distinction between the crimes of murder and petit treason; enclosures of grounds; granting licenses to merchants, etc.; creating the office of treasurer general; directing the manner of raising money to defray the charges in the counties; so much of the act regulating and opening highways as relates to bridges; for the disposition of strays; amending the clerk of the legislature act; to regulate the admission of attorneys; empowering the judges of probate to appoint guardians for minors; prescribing the forms of writs and the mode of proceedure in civil cases, and the act establishing the fees of the several officers and persons named therein.

July 15—A law respecting divorce (Massachusetts). Effective October I.

July 17-A law for the partition of lands (New York). Effective October I.

July 15-A law allowing foreign attachments (New Jersey). Effective October I.

July 16-Concerning the duties and powers of coroners (Massachusetts). Effective August 15.

July 18-For continuing suits if judge is unable to attend, in the General and Circuit Courts (Virginia). Effective October I.

July 16-A law to suppress gambling (Virginia). Effective October I.

July 17-As to proceedings in ejectment, etc. (Pennsylvania). ffective October I.

August 15-Limiting imprisonment for debt, etc. (Pennsylvania). Effective October I.

RESOLUTIONS BY THE GOVERNOR AND JUDGES.

August 7-Ordering certain printing.

August 13-Authorizing the Governor to establish ferries, in the Territory, at his discretion.

August 18-Declaring that commissions issued by the Governor to Judges of the Court of Common Pleas, are subject to revocation at his pleasure.

August 20-Directing the Governor to dissolve the District of Prairie du Rocher, and divide the said district between the district of Kahokia and the district of Kaskaskia.

THE FOURTH LEGISLATIVE COUNCIL.

(1797.)

N December, 1796, Judge Putnam, who had been appointed a brigadier general by President Washington in May, 1792, while a member of the territorial court, was again honored by the President and nominated for surveyor general of the United States. This appointment led to the resignation of Judge Putnam, who was succeeded on the benci by Joseph Gilman, of Point Harmar.

This council has left no record of new legislation in this year.