1822 - Edocs
1822 - Edocs
1822 - Edocs
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Eitner pany may<br />
file iiis bill of exceptions.<br />
Party n e g"l e cti n g to<br />
take an apneal,<br />
may obtain a supersedias.<br />
Superior Coui't<br />
may award certiorari,mandamus,<br />
&c.<br />
Clerk appointed<br />
by the Governor<br />
Clerks duties<br />
To take an oath.<br />
Circuit Courts, of-<br />
fices of original<br />
record.<br />
Power $ fine and<br />
imprison for contempts<br />
For the appointment<br />
of Sheriff<br />
To take an oath &<br />
Give bond & secu-<br />
rity.<br />
4.<br />
4. Be it further enacted, That if either party may desire<br />
to appeal from the judgment of the Inferior Court<br />
he may file his bill of exceptions to the opinion of said<br />
Court, praying that it may be signed, sealed and made a<br />
part of the record, and it shall be the duty of the Inferior<br />
Judge to inspect the said bill, and if it contain the evidence<br />
or point decided correctly and precisely, he shall sign,<br />
seal and certify the same to the Superior Court.<br />
5. Be itfurther enacted, That, should the party neglect<br />
to take an appeal, he may at any time thereafter, before<br />
the final execution of the judgment, procure a copy of the<br />
record, and if there be any error in the proceedings, he<br />
may assign said error, and present it to the superior court<br />
and should the Judge of said court be of opinion that injustice<br />
had been done, or that there was error in the proceeding,<br />
he may award a supersedias, to stop the operation<br />
of the judgment, until the matters thereof could be<br />
heard in the said Superior Court, the supersedias shall<br />
be issued by the clerk of said Court, and be obeyed by<br />
the clerk and sheriff of the Inferior Courts respectively.<br />
6. Be it further enacetd, That, the Superior Court shall<br />
have power to award a certiorari, mandamus, or prohibition<br />
which shall be obeyed by the Inferior Courts respec-<br />
tively.<br />
7. Be it further enacted, That, there shall be appointed<br />
by the Governor in each County a well qualified clerk,<br />
whose duty it shall be to record all decrees, orders,<br />
judgments, and other papers required by law, and to<br />
preserve all papers appertaining to suits in said* Courts,<br />
and to docket all causes as required by law, and who<br />
shall take an oath faithfully to perform the duties which<br />
have and may hereafter be assigned him, and execute<br />
bonds in the Secretary's office of the Territory, or such other<br />
place as the Governor shall direct, in the penalty of<br />
five thousand dollars with approved security, conditioned<br />
for the performance of the duties of their said offices.<br />
8. Be it further enacted, That, the Inferior Courts<br />
shall be offices of original records, for deeds, mortgages,<br />
and other instruments, required by law to be recorded<br />
within their respective Counties.<br />
9. Be itfurther enacted, That, the Inferior Courts shall<br />
have power to fine and imprison for contempts of their<br />
authority, provided the fines do not exceed twenty dollars,<br />
or the imprisonment six days.<br />
10. Be it further enacted, That, there shall be appointed<br />
a sheriff for each County, who shall perform all the du-<br />
ties required bylaw, and before entering upon the duties<br />
of his office, shall take an oath faithfully to execute the duties<br />
required oThirh, witKotrTfespect of persons, and execute<br />
bond in the office of the Secretary of the Territory,
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