AN ACT to authorize the Governor to organize the Militia of Edwards and Crawford counties.

BE

E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is hereby enacted by the authority of the same, that it shall and may be lawful for the governor of this territory, immediately to constitute the militia of Crawford county into one battalion, and that the counties of Edwards and Crawford, shall form a regiment; the commanding officer of which, shall have the same powers and perform the same duties that other lieutenant colonels of their respective regiments perform. This act to

take effect and be in force from and after its passage.

SETH GARD,

Speaker of the House of Representatives, pro tempore.

PIERRE MENARD,

President of the Legislative Council.

APPROVED-January 11, 1817.

NINIAN EDWARDS,

AN ACT to amend an act entitled, "an act to amend an act entitled an act for levying and collecting a tax on land," passed the 24th of December, 1814.

B

E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is hereby enacted by the authority of the same, that so much of the first section of the said recited act, as makes it the duty of the territorial auditor, to apply for or procure from the several Registers of the land offices in this territory, abstracts of all lands by them sold to individuals, the same is hereby repealed. This act to take ef fect from and after its passage.

GEO. FISHER,

Speaker of the House of Representatives.

PIERRE MENARD,

President of the Legislative Council.

APPROVED January 11, 1817.

NINIAN EDWARDS.

AN ACT to provide for the collection of the county levy and territorial tax, in the county of Gallatin, for the year 1816.

B

E it enacted by the Legislative Council and House of Representatives of Illinois territory, and it is hereby enacted by the authority of the same, that the lists of taxable property and land tax, made by the county treasurer of the county of Gallatin, for the year 1816, be, and the same is hereby declared to be legal, and he shall be entitled to the same compensation therefor, as if the same had been done within the time prescribed by law.

SEC. 2. Be it further enacted, That the sheriff of said county is hereby authorised and empowered to collect the taxes of said county for the year one thousand eight hundred and sixteen, in the same manner as if the lists had been delivered to him agreeably to law; and it shall be his duty to settle for the same on or before the first day of July next. This act to be in force from and after its passage.

GEO. FISHER, Speaker of the House of Representatives.

PIERRE MENARD,

President of the Legislative Council.

APPROVED-January 11, 1817.

NINIAN EDWARDS.

AN ACT for the appointment of Circuit Attornies.

B

E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is hereby enacted by the authority of the same, that there shall be appointed to each judicial circuit of this territory, a prosecuting attornew, who shall be styled and called "Circuit Attorney;" and it shall be the duty of the said attornies to prosecute all in cases according to law.

SEC. 2. Be it further enacted, That it shall be the duty of the said circuit attornies in their respective circuits

to keep a journal or memorandum of all cases arising within their respective circuits; in the prosecution of which, there shall appear to be any defect in the criminal laws of the territory, and make a report of all such apparrent defects to the legislature annually, for the purpose of enabling them to make such amendments as will tend to perfect our criminal code.

SEC. 3. Be it further enacted, That it shall be the duty of the said circuit attornies, to do and perform all the duties now enjoined on the prosecuting attornies of this territory, and as a compensation for their services, they shall receive eighty dollars, quarter yearly out of the public treasury, and they shall also receive the sum of ten dollars in all prosecutions for felony, when the party prosecuted shall be convicted, for each and every person prosecuted, and for every indictment or presentment, where the offence shall not amount to felony, where the party prosecuted shall be convicted, for every person so prosecuted, the sum of five dollars.

SEC. 4. Be it further enacted, That when the said circuit attornies, respectively shall be unable to attend to discharge their official duties, they shall have the right, and are hereby empowered to appoint, under their hands and seals, a deputy to act in his stead, who shall be entitled to the same fees, and the rights and privileges in court, that the said circuit attornies themselves would have.

SEC. 5. Be it further enacted, That it shall be the duty of the said circuit attornies, to take the usual oaths of office prescribed by law to be taken by all officers in this territory.

This act to take effect from and after the passage. SETH GARD,

Speaker of the House of Representatives, pro tempore. PIERRE MENARD,

President of the Legislative Council.

APPROVED-January 11, 1817.

NINIAN EDWARDS.

AN ACT altering the mode of taking in lists of takable

B

property.

E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is. hereby enacted by the authority of the same, that the lists of taxable property in this territory shall hereafter be taken in and ascertained in the form and manner following, viz:

That the county courts of every county, shall at their first court after the first day of January yearly and every year appoint some fit person in each township within the county, to receive and take in all lists of taxable property, subject to county and territorial tax within the same; and each person so appointed by virtue of this act, for the purpose of taking in lists of taxable property, shall before he begins to exercise the duties of his office, take and subscribe to the following oath or affirmation, before some justice of the peace: "I, A. B. do solemnly swear or affirm, as the case may be, that I will to the best of my knowledge, diligently and faithfully execute the duties of a commissioner to which I am appointed agreeably to law, without favor or affection or partality, so help me God." A certificate of which oath so taken and subscribed, shall be transmitted by the justice administering the same to the clerk of the county court, whose duty it shall be to file and preserve the same; and the person so appointed in each township, shall advertise in the respective townships of their counties, that he will attend on a certain day, not less than ten days thereafter, at some place that he may suppose most convenient to the inhabitants within the same for the purpose of receiving and taking in their several lists of property subject to taxation. And each and every person possessing or having the care of property subject to taxation within the township, are hereby reguired to attend at such place or places as said commissioner may appoint in manner aforesaid.

SEC. 2. Be it further enacted, That it shall be the duty of the commissioner so appointed by the court afore

said, to attend at the time and place by him advertised as aforesaid, and take in and receive lists of taxable property, from each and every person who shall attend to give in the same. And the said commissioner is hereby authorized and required to administer to each person giving in his or her list of taxable property, the following oath or affirmation, to wit: "I, A B, do solemnly swear or affirm as the case may be, that this list contains a true and perfect account of all persons, and every species of property belonging to or in my possession, or care, subject to taxation, and that no contract, change or removal whatever of property has been made or entered into, or any other mode advised or used to evade the payment of taxes."

SEC. 3. Be it further enacted, That every person subject to taxation who shall fail or refuse to attend at the time and place so advertised as aforesaid, for the purpose of giving in his or her list of taxable property, shall have ten days given him or her thereafter to attend at the house of the said commissioner to give in the same, which shall be received by him in the same manner and form as if he or she had attended at the time and place appoined as aforesaid, or to transmit his or her list of taxable property to the said commissioner accompanied with like affidavit as is required by this act.

SEC. 4. Be it further enacted, That if any person shall give, transmit or deliver to the person authorized as aforesaid to receive lists of taxable property, a fraudulent list of property subject to taxation, or shall fail or refuse to attend and give in his list on oath or affirmation, or to transmit the same, or giving or transmitting a fraudulent list shall be liable to pay a fine of five dollars, and the person so appointed by the court to receive such list, shall proceed to list his or her property agreeably to the best information he can procure, and all such property so enlisted shall be subject to treble tax, to be collected and distrained for by the sheriff as in other cases; which fine and treble tax, shall be recovered in the county court by