Page:United States Statutes at Large Volume 44 Part 1.djvu/1865

 W}1g5]° URDINANCB OF 1787:*gE NORTH e P ‘\ t ORDINANCE OF 1787: THE NORTH ` [Tun Commmun cerenms, JULY 13, 1787] he Ordiwmce for the yov t of the territory of the United F `Btates nertkwmi of the Ohio ·` Secuorz l, Be it-ordeind by like _UmZted States in Oongiresa eregwshlei,- That the said. territory, for the purpose of I temperery g0Vé1`llH1€Bt,·b€i0D€ district, subject, however, to be divided into two districts, as future circumstances mey, in tht opinion of C0!¥l‘£, make it expedient. ` t "* `Sm. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non·r&Ident proprietors in the said territory, dying intestate, ebelt descend to, and be distributet among, their children and the descendants of a deceased child in equal parts, the descendants of n deceased child or grand child to take the shore of their deceased parent in equnl part: among tl1r¤i;M¤udvv—®re there shall be no children or. descend ents. then in equalpnrts to the next of kin, in equn1~ degree and nrneng collnterals, the children `ot a deceased brother on si<1er’of~the intestate shell hnye, in equal ports ninong them their deceased-phrenfs shere; 'nnd there shall, in no caseybe 1 distinction between kindred of the whole and half blood .; ‘ Saving in nil cases to the wddow of the intestate, her third porttot the reel estate for lite, `end one·third’part of the personal estete and this law relative to descents and dower, Shall remain in {nl force until altered by the legislature of- the district. Atnd unti the governor end jndg·es‘ shall adopt laws as hereinetter men tioned, estates in the said territory may be devised or be qneethed by wills in writing, simed and sealed by him or hen in whom the estate mnyi he, ~ (being of full 'nge,)_ and etteétet by three witnesses; and reel estates may be conveyed by le¤s< and relense, or bal*g·oin‘ and sale, signed, sealed, and deliveret by the person,  of full nge, in whom the estate may be, am attested by tivo witnesses, provided snch [wills be duly proved and such cenveyancee be acknowledged, or the execution thereo: duly proved, and be. recorded within one year after propel magistrates, courts, and rwisters, shall. be Mappoiuted lor the pmzpox { and mrsonnl property, may he transferred by delirery msiggiihowever, to  French and Canadian inhabitants, nn: ot}.1e{§_%tlers ot the Knnkeekim, Saint Vlncents, and the neigh borih  who have heretofore protmed themselves éitj rene oilvirglhia, their lawn and customs now in toree among them, relative to the descent and conveyance of property. -. ' Sec. 3.. Be tfordain-cd by the authority aforesaid, Thnt them shell be appointed, from time to time, by Congress, a governor whosye.commlssion shall continue in force for the term of-threyears, umm sooner revoked by Congress ;' he shall reeide in tht district, end have n freehold. estate therein, in one thonsane acreelot lend, while in the exercise of his omce. t Y · _ Sec. _4. There shall be appointed from time to time, by Con greee, a secretary,. whose commlmlon shell continue in -fom for tour years, unless gooner rezoked; he shall reside in tht district, and have n freehold mtate therein; in five hnndret zgeree ot land, while in the exerdse ot his office. It s ll be hl duty to kwp andpreuerve the actsend laws` d bme pgls .1z1tu?¢.`¤ed the public records et the district, and the proceed ings ot the goyernor in his eiecutlve department, and tmnsmi authentic eoplu of such nets and prowedingsevery 'elx month; to the secretary et Congrm ‘ There shall also be appointed `: court, to consist of three judgu, any two ot ·who1n to term 1 court, who ehnll have a eomnnon-lgw Jurisdiction, and reside in the district, eel have each therein n tredxold estate, in dw hundred eera of land, while ln the exercise of their omces; mn thelr eommiuiom  continue l force during good behavior

' . I ' {WEST TERRITORIAL GOVERNMENT [WEST TERRIT ORIAL GQVERNMENT » Sso. 5.;The governor and judgvs, or a majority of them, shall I adopt ands pnblish in the district such laws of the original E States, criminal and civil, as may be necessary,.emi best suited [ to, the  *ot the district,- and report them to Con, g gress from time totime, `which laws shall be/in force in the _. district tmtil the organization of the general assembly therein, 3 unless dlsapproved of by Qongress; but, atterwerds the legis- 3 i11»chi·ef of the militia, appoint and commission all ohicers in i the·`sa1ne_·bel0w,the rank of general omcers; all general omcers I shall  appointed and commissioned by Qongress. ", ` I ,_ S1:c.€ 7. Previous to thevorgenlzetion ot the general assembly ’ the governor shall appoint such magistrates, and- other civil ’ officers,. in each, county or township, as he shall had necessary. S for thepreservationrof the `peaceend good order in the same. l‘ After the general assembly shall be organized the powers and l` land defined by the said assemblyi but all `magistrates and other ~· civil éofficers, not herein otherwise directed, shall, during the- g governor.-,_ -  ‘*· %_  » _ · — » B. l Sec. 8.  For the preveution.of{*érimes and injuries, the laws fo Ye be adopted or made shall have force in all parts of the district, I aud. fo1"`,th9 execution of process, criminal and civil, the gov- 1 ernor shall make proper divisions thereof {ent] he shall proceed, l' {from time to time; aslcircumstances may require, to lay out the " parts of the district in which the Indian titleslshnll have been I" extinguished, into counties and townships, subject, howevegg Io 1 such gzltérationsas may thereafter be made by the legislature; B Ssc. 9. S0 "soon as there shalfgbe five thousand free male 1 inhabitants, `of full age, in the district, upon giving proof 1 thereof ;to the governor, they'shall receive authority, with tina. l- Wd place, to elect representatives from their counties or townf_ ships, to 1_jepresent· them in the general `ssembly: Provided, t be one representative,· and so oh, progressively, with the num- 3 ber of free mule`inhabitants,· shall the (right of reprewntation 1 increase, until the `number of representatives shall amount to =‘ sentatives shall be remlated by the legislature: Provided, That K no person be eligible or qualified `to act as a representative, unless.he~shall have been a citlien of one ot the United States B three years, and be a resident in the—district,~ or unless he shall '» have resided in the district three yearsgand, in- either,-case, B shall likewise hold in his own right, in fee-·simple,_ two hundred E acrm of land within the same: Pwjoeigedl e1]so,~That a freehold i in Bfty acres of land. inj the district, having been a citizen of one b·oft11e»Stntes,‘.and being resident in the district, or the like l- freehold and two—years’ residence in the district, shall be neces; e- sary to quality a may as an electorota representative. _ e Sec. 10. The representhtives thus eleetecrshall serve for the
 * _ lature`shul_l have tauthority to alter them gs. they shell thipk Et.
 * . -Ssc. 6, The governor, for the time being, shall be commander-
 * jdnties of magistrates and other civll_e@cers·shsll be regulated
 * continuance of. this temporary government, be appointed by the
 * ° That forlevery live hpndred free male in£bitents there shall
 * ‘ tw·en»ty-fivé} after which the number and proportion of repre-
 * 1 term ottwo years; and in case of the death of a_ representative,

s or ‘1*einova1l from omce, the governor shall issue a writ to the
 * - coimty or township, for whlch·· he was a member, to elect

L- anotheniin his stead, to serve for the residue of the term. " t { Ssc.11. "The general assembly, or legislature, shell consist ot_ s lthe governor, legislative council, and a house of representst‘ivcs. no The legislative council shall, consist of live members, to con- 1 tinue in omce live pears, unless sooner renmovod by 'Congress; ex any three ot whom to be a quo1‘um* and the members of the e council shall be nominated andappolltctl in the following man- 1 ner, to wit: As soon as representatives shall be elected the ·. governor shell eppoiut a time and place for them to meet