Bill from Orson Spencer and Others, circa 14 January 1843

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Bill from Orson Spencer and Others, circa 14 January 1843
Source Note

Select Committee to Prepare a Bill for Regulating Fees of the Municipal Court [
Orson Spencer
14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...
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,
Daniel H. Wells
27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...
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, and
Gustuvus Hills
29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...
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], Bill, to Nauvoo City Council,
Nauvoo
Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....
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, Hancock Co., IL, ca. 14 Jan. 1843; handwriting of
Gustavus Hills
29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...
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and
James Sloan
28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...
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; signature of JS; docket in handwriting of
James Sloan
28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...
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; eight pages; Nauvoo, IL, Records, 1841–1845, CHL.

Page 2
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Docketing each suit, [0].12½

Entering each order or rule of court for continuence, default, discontinuence, retraxit,
non suit
“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”
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&c. [0].25.

For each dedimus or commission to take depositions [0].50.

Calling and swearing each jury [0.]12½

Administering each oath [0.0]6¼

Swearing person to affidavit [0.]12½

For each
venire
A summons to cause the party to appear on an indictment for any petty misdemeanor. Venire facias is also issued to a sheriff or other official to summon citizens to serve as jurors.
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to summon jury [0.]25.

Receiving and entering verdict of jury [0.]12½

Entering each decree or final judgment, [0.]25.

Issuing writ of
habeus-corpus
“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...
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,
certio-rari
A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.
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, or
procedendo
A writ by which a superior court remits a cause to the inferior court from whence it had come (by habeas corpus, certiorari, etc.), ordering the inferior court to proceed to a final determination after the appellate court has found insufficient grounds for...
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, [0.]50.

Entering
special bail
“Persons who undertake generally that if the defendant be condemned in the action, he shall satisfy the debt, costs, and damages . . . or that they will do it for him.” A plaintiff could initiate a civil suit by summons, which simply notified the defendant...
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on record [0.]25.

Issuing
execution
“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...
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[0.]25.

Entering Marshall’s return of the same [0.]12½

For each certificate and seal, other than the process of court [0.]25 <[0.]50.>
Insertion in handwriting of James Sloan.

Taking bond in cases of appeal to the circuit court [0.]50.

For each license under seal granted by ordinance [0.]50

<*>
3
TEXT: Asterisk keyed to similar asterisk at the bottom of the page, indicating that text should be inserted at the end of this list.
<*For each certificate of majistracy under seal—> <[0].25.>

The unsuccessful party in any suit before the Municipal court shall be taxed a docket fee of three dollars, to be collected with the costs of suit, and paid over, in proportionate sums, to the justices sitting on said suit, as compensation, or part compensation for their services; and the deficit, if any, in the compensation of the justices, shall be paid semiannually, on the certificate of the clerk, out of any moneys in the treasury not otherwise appropriated. [p. 2]
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Editorial Title
Bill from Orson Spencer and Others, circa 14 January 1843
ID #
11985
Total Pages
12
Print Volume Location
Handwriting on This Page
Gustavus Hills
James Sloan
Footnotes
Insertion in handwriting of James Sloan.
[3]
TEXT: Asterisk keyed to similar asterisk at the bottom of the page, indicating that text should be inserted at the end of this list.