292
AMERICAN HISTORICAL ASSOCIATION.
9. AMENDMENT TO JUDICIARY-lllLL 1
[December, 18181]
Amendment to the judiciary Bill
Strike out the whole of the
section and insert in lieu thereof
the following Sect. And be it further enacted that the County Court as estab- lished by an Act entitled "An act establishing Circuit and County Courts and for other purposes" approved the 4 th of January 1815 be and the same are hereby abolished and in lieu thereof, there is hereby established a County Court in each County which shall be composed of three justices of the peace, any two of whom shall con- stitute a Court, who shall be designated and appointed for that purpose in each County by the Governor-and the said County Court thus Established, shall have the same powers and possess the same Jurisdiction which the County Courts hereby abolished ex- ercised and possessed and hold their sessions at the same times and places. And should any Justice of the peace so designated and appointed for the purpose aforesaid and after having received notification of the same, refuse to accept of said appointment he shall for such default, forfeit and lose his office of Justice of the peace and be incapable of holding any office of profit in the Terri- tory for five years, unless he can assign to the Governor a reasonable and satisfactory excuse for said non acceptance- And should any member of said Court absent himself from its ses- sions he shall be noted by the Clerk as a delinquent and as such re- turned to the next Grand jury for the circuit Court of the County and uni~ he can either by himself or ~gent or attorney make a reason- able and satisfactory excuse to the Grand jury for such delinquency- they shall fine him therefor in a sum not exceeding dollars which fine and the proceedings thereon shall be certified by the fore- man of the Grand jury and lodged with the Clerk of the Court then sitting who thereupon shall issue execution for said fine and costs, which when collected ·shall be paid into the County Treasury- And ·should the said justices be guilty·of any malfeisance or non feisancc in office while sitting as a county Court whereby the interest of the County might be impaired or the rights of individuals in- fringed- they shall be liable to a. prosecution therefor in the Circuit Court either at the suit of the party 1.njured or by indictment and shall upon conviction pa.y double damages and forfeit and lose their . office of Justice of the peace-And the members of said Court sha.11 have and receive a compensation of dollars por <lay every day they shall be in session provided however that thoy dispatch the
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