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THE LAWS OF 1795.
THE 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 a 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 1.
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 6Establishing 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 1.
June 11 For the recovery of fines and forfeitures. Effective August 25.
June 16 Ascertaining and regulating fees of the officers and persons named. (From New York and Pennsylvania Codes). Effective October 1.
June 16 A law for establishing orphans' courts (Pennsylvania). Effective October 1.
June 16 A law for the settlement of intestates' estates (Pennsylvania). Effective August 15
June 17 A law to license and regulate taverns (Pennsylvania). .Effective August 15.
June 18 - Establishing the recorder's office (Pennsylvania). Effective August 1.
June 19 Raising county rates and levies (Pennsylvania). Effective October 1.
June 19 For the relief of the poor (Pennsylvania). Effective October 1.
June 19 Concerning the probate of wills (Pennsylvania). Effective October I.
June 25 Regulating enclosures (Pennsylvania). Effective October I.
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 I.
July 14 Annulling the distinction between petit treason and murder (Massachusetts). Effective in one year.
July 14Declaring 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 14An 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 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 procedure 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 1.
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 (Massa- chusetts). 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).. Effective 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 Prarie du Rocher, and divide the said district between the district of Kahokia and the District of Kaskaskia.
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