ence to which each
individual is exposed in the recovery of his property by the present
court, and as they express a wish to have another mode established for the
administration of justice--I do, therefore, by these presents, dissolve the
said court, and direct that five magistrates be elected by the suffrages
of the people who, when chosen, will meet and settle their seniority.
"One magistrate will have power to try causes, not exceeding fifty livers
in peltry. Two magistrates will determine all causes not exceeding one
hundred livers in peltry,--from their decision any person aggrieved may (on
paying the cost of the suit) appeal to the District Court, which will
consist of three magistrates; the senior one will preside. They will meet
the third Tuesday in every month and set two days, unless the business
before them be completed within that time. All causes in this court shall
be determined by a jury of twelve inhabitants. Any person summoned by the
sheriff as a juryman who refuses or neglects to attend, shall be fined the
price of a day's labour. In case of indisposition, he will, previous to
the sitting of the court, inform the clerk, Mr. Antoine Gamelin, who will
order such vacancies to be filled.
"The fees of the court shall be as follows: A magistrate, for every cause
of fifty livers or upwards in peltry, shall receive one pistole in peltry,
and in proportion for a lesser sum. The sheriff for serving a writ or a
warrant shall receive three livers in peltry; for levying an execution, 5
per cent, including the fees of the clerk of the court.
"The clerk for issuing a writ shall receive three livers in peltry, and
all other fees as heretofore. The jury being an office which will be
reciprocal, are not to receive pay. All expenses of the court are to be
paid by the person that is cast. This last part may appear to you to be an
extraordinary charge--but my reason for mentioning it is, that formerly the
court made the one who was most able pay the fees of the court, whether he
lost or no.
"The magistrates, before they enter into the execution of their office,
will take the following oath before the commandant: I, A., do swear that I
will administer justice impartially, and to the best of my knowledge and
understanding, so help me God.
"Given under my hand this 5th day of April, 1788."
(Signed) J. F. HAMTRAMCK,
Majr. Comd'g.(119)
A little later, Hamtramck wrote: "Our new government has taken place; five
ma
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