An Act for the formation of two new counties out of the counties of Dearborn and Clark, 1811


ADVERTISEMENT
 

Chapter VI.

§ 1. BE it enacted by the Legislative Council and House of Representatives of the Indiana Territory, and it is hereby enacted by the authority of the same, That from and after the first day of February, one thousand eight hundred and eleven, all that part of Dearborn and Clark counties which is included in the following boundaries, shall form and constitute two new counties, that is to say — "Beginning at the corner of townships number 7 and 8, on the line of the state of Ohio, thence north, until the same arrives at fort Recovery, thence, from fort Recovery southwardly, with the line of the western boundary of the purchase made at fort Wayne, in the year one thousand eight hundred and nine, until the same intersects the line of the northern boundary of the purchase made at Grouseland, thence northwardly, with the line of the last mentioned purchase until the same arrives at a point from which a due east and west line will strike the corner of town seven and eight on the aforesaid state of Ohio line"

§ 2. Be it further enacted, That the tract of country included within the aforesaid boundaries, be, and the same is hereby divided into two separate and distinct counties by a line beginning at the corner of townships number eleven and twelve, on the line of the state of Ohio, and from thence due west, until the same intersects the line of the western boundary of the before mentioned purchase of fort Wayne, and that from and after the first day of February, one thousand eight hundred and eleven, the tract of country falling within the southern division thereof shall be known and designated by the name and style of the county of Franklin ; and the northern division thereof shall be known and designated by the name and style of the county of Wayne; that the said counties shall severally enjoy all the rights, privileges and jurisdictions which to separate counties of this territory, do, or may properly appertain and belong ; Provided always, That all suits, pleas, plaints, actions and proceedings which may before the first day of February, one thousand eight hundred and eleven, have been commenced, instituted and depending within the now counties of Dearborn and Clark, shall be prosecuted to final judgment and effect in the same manner as if this act had never been passed ; And provided also, That the territorial and county levies or taxes which are now due due where within the bounds of the said new counties, shall be collected and paid in the same manner, and by the same officers as they would have been if the creation of the said new counties had not taken place.

§ 3. Be it further enacted, That for the purpose of fixing the permanent seat of justice in and for the county of Franklin, James Adair, David Hoover and Elijah Sparks, be, and they are hereby appointed commissioners, whose duty it shall be to convene at the town of Brooksville in the said county of Franklin, on or before the first Monday in May next, and being first duly sworn
to discharge the duties enjoined on them by this act without favour, affection or partiality, before some justice of the peace of said county, legally commissioned, shall proceed to fix in the most convenient and eligible place for the permanent seat of justice for the same.

§ 4. Be it further enacted, That so soon as the place for holding the courts for said county shall be established agreeably to the requisition of the above section, the judges of the courts of Common Pleas for the said county shall immediately proceed to erect the necessary public buildings for the same at such place in the same manner as is required by law in respect to other counties, and after the public buildings are so erected, the court of said county shall adjourn to the said place at their next term after the same shall be compleated, which shall be, and is hereby declared to be the permanent seat of justice for the said county of Franklin.

§ 5. And be it further enacted, That for the purpose of fixing a permanent seat of justice in and for the county of Wayne, John Cox, George Holman and John Addenton, gentlemen, be, and they are hereby appointed commissioners, whose duty it shall be to convene at the house of Richard Rue in the said county of Wayne, on or before the first Monday in May next, and being first duly sworn to discharge the duty enjoined on them by this act without favour, affection or partiality, before some justice of the peace of said county, legally commissioned, shall proceed to fix on the most convenient and eligible place for the seat of justice for the said county of Wayne; Provided nevertheless, That the same shall not be fixed further north than the lines dividing the thirteenth and fourteenth townships.

§ 6. Be it further enacted, That so soon as the place for holding the courts for said county shall be established agreeably to the requisition of the foregoing section, the judges of the court of Common Pleas for the said county shall immediately proceed to erect the necessary public buildings for the same at such place in the same manner as is required by law in respect to other counties, and after the public buildings are so erected the court of the said county shall adjourn to the said place at their next term after the same shall have been compleated, which shall be, and is hereby declared to be the permanent seat of justice for the said county of Wayne.

§ 7. Be it further enacted, That in case of the death or refusal to act of any of the persons herein appointed for the purposes aforesaid, it shall be the duty of the courts of Common Pleas of the counties respectively, where such vacancy shall happen, to supply the same by appointment of such person or persons as they may think best qualified to discharge the said duty, and the person or persons so appointed, shall take the same oath, and in all respects perform the same duty required by the commissioners herein by this act appointed.

§ 8. And be it further enacted, That until the commissioners of the said two counties shall fix the seat of justice in each county, the courts shall be held at the house of Richard Rue for the county of Wayne, and at the town of Brooksville, for the county of Franklin.

DENNIS PENNINGTON.
Speaker of the House of Representatives.

JAs. BEGGS,
President of the Legislative Council.

Approved — November 27, 1810.

WILLIAM HENRY HARRISON.

 

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