« AnteriorContinuar »
Sec. 6. The governor, secretary of state, auditor of publie accounts, and treasurer, shall severally reside and keep all the public records, books, and papers, in any manner relating to their respective offices, at the seat of government: Provided notwithstanding, That nothing herein contained, shall be so construed as to affect the residence of the governor for the space of six months, and until buildings suitable for his accommodation, shall be procured at the expense of the state.
Sec. 7. All suits, pleas, plaints, and other proceedings now depending in any court of record, or justice's courts, shall be prosecuted to final judgment and execution, and all appeals, writs of error, certiorari, injunction, or other proceedings whatever, shall progress, and be carried on, in the respective court or eourts, in the same manner as is now provided by law, and all proceedings had therein, in as full and complete a manner as if this constitution were 'not adopted. And appeals and writs of error, máy be taken from the circuit court, and general court, now 'established in the Indiana territory, to the supreme court in such manner as shall be provided for by law.
Sec. 8. The president of this convention shall issue writs of election, directed to the several sheriffs of the several counties, requiring them to cause an election to be held for governor, lieutenant governor, representative to the congress of the United States, members of the
generál assembly, sheriffs, and coroners, at the respective election districts in each county, on the first Monday in August next: Which election shall be conducted in the manner prescribed by the existing election laws of the Indiana territory; and the said governor, lieutenant governor, members of the general assembly, sheriffs, and coroners, then duly elected, 'shall continue to exercise the duties of their respective offices for the time preseribed by this constitution, and until their successor or successors are qualified, and no longer.
Sec. 9. Until the first enumeration shall be made, as directed by this constitution, the county of Wayne shall be entitled to one senator, and three representatives; the county of Franklin, one senator and three representatives; the county of Dearborn, one senator, and two representatives; the county of Switzerland, one represen
tative; and the counties of Jefferson and Switzerland, one senator; and the county of Jefferson, two representatives; the county of Clark, one senator and three representatives; the county of Harrison, one senator and three representatives; the counties of Washington, Orange, and Jackson, one senator; and the county of Washing. ton, two representatives; the counties of Orange and Jackson, one representative each; the county of Knox, one senator, and three representatives; the county of Gibson, one senator, and two representatives; the counties of Posey, Warrick, and Perry, one senator; and each of the aforesaid counties of Posey, Warrick, and Ferry, one representative.
Sec. 10. All books, records, documents, warrants, and papers appertaining and belonging to the office of the territorial treasurer of the Indiana territory, and all monies therein, and all papers and documents in the office of the secretary of said territory, shall be disposed of as the general assembly of this state may direct.
Sec. 11. All suits, actions, pleas, plaints, prosecutions, and causes whatsoever, and all records, books, papers, and documents, now in the general court, may be transferred to the supreme court established by this constitution: And all causes, suits, actions, pleas, plaints, and prosecutions whatsoever, now existing or pending in the circuit courts of this territory, or which may be therein at the change of government, and all records, books, papers and documents, relating to the said suits, or filed in the said courts, may be transferred over to the circuit courts established by this constitution, under such rules and regulations as the general assembly may direct. Done in convention at Corydon, on the twenty-ninth
day of June, in the year of our Lord eighteen hun. dred and sixteen, and of the Independence of the
United States, the fortieth. In witness whereof we have hereunto subscribed our
JONATHAN JENNINGS, President of the convention, and Delegate
• from the county of Clark,
Delegates in convention from the county of
David H. Maxwell,
Samuel Smock. James Lemon,
•Wm. Polke, Solomon Manwaring.
Charles Polke. William H. Eads,
POSEY, Robert Hanna,
Dann Lynn. Enoch M'Carty,
SWITZERLAND, James Noble.
WASHINGTON, Alexander Devin,
John Depauw, Fred'k Rapp,
William Graham, David Robb,
WAYNE. Davis Floyd,
Patrick Baird, Daniel C. Lane,
Jeremiah Cox, Dennis Pennington, Hugh Cull, Patrick Shields.
Joseph Holman Attest,
WILLIAM HENDRICKS, Secretary,
OFFICER'S GUIDE & FARMER'S MANUAL.
The associate judges or either of them, in their respective counties, have authority, either in or out of court, to issue writs of habeas corpus, and to proceed to trial thereon, and hear and determine the same, according to the course of the common law. Also the two associates together, in their respective counties, have authority to grant writs of ne exeat and injunction, and to make all such interlocutory orders as may be necessary, &c. Rev. L. 139.
The writ of habeas corpus is granted upon petition, verified by affidavit, by or on behalf of any person supposed to be illegally imprisoned; or of one desiring to be let out on bail; and the judge refusing to grant the writ, or the officer, or other person refusing to obey it, forfeits a sum, not exceeding five hundred dollars. Rev. L. 283, 4.
Petition of a prisoner in the custody of the sheriff. To the honorable J. J. esquire, associate judge of the Jackson circuit court; the petition of A. B. a prisoner in the custody of C. D. sheriff of Jackson county, respectfully sheweth, that your petitioner has been arrested and imprisoned, and is now detained in the custody of the said C. D. unjustly and illegally, as he conceives. He therefore prays your honour to grant him a writ of habeas corpus, directed to the said C. D. commanding him forthwith to have your petitioner before your honour, together with the cause of his caption and detention that his case may be examined, and that right and justice may be done according to law. And your petitioner will pray, &c.
A. B. July, 20th, 1832.