Ordinance, 14 January 1843–B, as Published in the Wasp

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Ordinance, 14 January 1843–B, as Published in the Wasp
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Nauvoo City Council, Ordinance,
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, 14 Jan. 1843. Version published in “An Ordinance Regulating the Fees, and Compensation of the Several Officers, and Persons Therein Mentioned,” Wasp, 28 Jan. 1843, [4].

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Ordinance, 14 January 1843–B Nauvoo City Council Minute Book, 1841–1845
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An ordinance regulating the fees, and compensation of the several officers, and persons therein mentioned.

Sec. 1. Be it ordained by the City Council of the City of
Nauvoo
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, that the salaries, fees, and compensation of the several officers and persons hereinafter mentioned, are established as follows; to wit:

THE CITY COUNCIL.

The Mayor, shall be allowed a salary per annum $500,00

The Vice mayor, or president pro tem, presiding in the absence of the Mayor, per day 3,00

The alderman and councillor’s, each for every day’s attendance, 2,00

The recorder, as secretary of the council, per annum, 100,00

The recorder shall, in addition to his salary, be allowed to claim the following fees, to wit:

For copies or exemplification of records or ordinances, for every seventy-two words, 12 1-2

For recording each marriage. 50

Affixing corporation seal, and certificate therewith, 50

The treasurer shall be allowed two per cent on all monies or funds paid out by him, as full compensation for his services. The salaries and compensation aforesaid shall be due semi-anually, and, on the certificate of the recorder, (except in his own case, then on the certificate of the President of the council) shall be paid out of any monies in the treasury not otherwise appropriated.

THE MUNICIPAL COURT.

Sec. 2. The chief justice shall be allowed, per day, 3,00

The associate justice’s shall each be allowed, per day, 2,50

The clerk of the Municipal court shall be entitled to the following fees, to wit:

For each warrant, summons, subpoena, and other process not herein specified, and sealing the same, 50
1
TEXT: An editorial in the next issue of the Wasp corrected this amount to “25.” (“Errata,” Wasp, 1 Feb. 1843, [2].)
Comprehensive Works Cited
The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

Filing papers on appeals from the Mayor or alderman’s court, taking appeal bond and issuing
s[u]persedeas
A writ “containing a command to stay the proceedings at law.” The writ enjoined “the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto.” Hancock County, Illinois, Circuit Court officials often...
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, 50

Docketing each suit, 12 1-2

Entering each order or rule of court for continuance, 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. 25

For each dedimas or commission to take depositions, 50

Calling and swearing each jury, 12 1-2

Administering each oath, 6 1-4

Swearing person to affidavit 12 1-2

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 25

Receiving and entering verdict of jury 12 1-2

Entering each decree or final judgment 25

Issuing writ of
habeas 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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,
certisrasi [
certiorari
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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]
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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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 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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25

Entering marshall’s return of the same 12 1-2

For each certificate and seal, other than the process of court 25

Taking bond in cases of appeal to the circuit court 50

For each license under seal granted by ordinance 50

For each certificate of magistracy under seal 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 monies in the treasury not otherwise appropriated

MAYOR AND ALDERMAN’S FEES

Sec. 3. For taking each complaint in writing under oath 25

For each warrant, summons, or subpoena 25

For each venire or jury warrant 25

Swearing jury in each case 25

Entering verdict of jury 12 1-2

Administering each oath 6 1-4

Issuing dedimus to take depositions 25

Taking each deposition when required for each 100 words 12 1-2

Entering security on docket 25

Scire facias
A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...
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to be served on security 25

Notification to each referee 25

Entering award of refere[e]s 25

Each order or judgment and entering the same 25

Docketing each suit 12 1-2

For each precept on
forcible entry and detainer
In Illinois law, forcible entry and detainer consisted of entering “any lands, tenements, or other possessions,” with or without force, and remaining on the premises after “the person entitled to such possession” shall notify the offender in writing to vacate...
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50

Issuing process of
attachment
The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...
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and taking bond and security 75

On trial, per day 2,00

Entering appeal to the Municipal or circuit court 25

For each transcript of judgment and proceedings 25

For each execution, or
mittimus
A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”
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25

Taking the acknowledgment of a deed or other indenture 25

For each marriage ceremony perform ed 1,00

For certificate of the same 25

For each continuance of a case 12 1-2

MARSHALL AND CONSTABLE’S FEES.

Sec. 4. For serving a warrant or summons on each person named therein 25

Serving each subpoena 12 1-2

Serving and returning each execution 50

Serving and returning jury warrant in each case 50

Serving each mittimus 25

Eeach day’s attendance on the city council or municipal court when required 2,00

Each day’s attendance on the Mayor’s or alderman’s court when required 1,00

Advertising property for sale 25

Commission on all sales not exceeding ten dollars, ten per centum; and on all sales exceedin[g] that sum, six per centum.

Mileage when serving a warrant, sum mons, or subpeona, from the justice’s or clerk’s office to the residence of the defendant, juror, or witness, per mile 5

Mileage when serving a mittimus, from the office of the justice’s or clerk to the jail, per mile 6 7-4

For guarding jail, or other similar services, for every twenty-four hours 1,00

JUROR’S FEES.

Sec. 5. To each juror sworn in a case before the Mayor or alderman 25

To each juror sworn in a case before the municipal court 25

To each juror atttending a coroner’s inquest 25

WITNESSE’S FEES.

Sec. 6 Each witness attending the Mayor’s alderman or municipal court, or at tending for the purpose of having his deposition taken, in each case. 50

ARBITRATOR’S FEES.

Sec. 7. To each arbitrator for every day he shall be necessarily employed in performing the duties of his appointment, where the award is to be made the judgment of the municipal court 1,50

To each arbitrator or referee, for each day he shall be necessarily employed in making up his award in cases before the Mayor or alderman 1,00

CORONERS FEES.

Sec. 8. For holding an inquest over a dead body when required by law, 5,00

For summoning a jury 75

For burial expences, &c. 10,00

All of which fees shall be certified by the coroner, and paid out of the city treasury, when the same cannot be collected out of the estate of the deceased.— And whenever the coroner shall be required by law to perform any of the duties appertaining to the office of marshall, he shall be entitled to the like fees and compensation.

REGISTER’S FEES.

Sec. 9. For recording all deeds, mortgages and other instruments of writing, for every 100 words 75
2
Comprehensive Works Cited

For copies of the same, when requested, for every 100 words 12 1-2

For every search of record 12 1-2

Official certificate under seal 37 1-2

NOTARY PUBLIC’S FEES.

Sec. 10. For Noting a bond, promissory note, or bill of exchange for protest 25

For protesting and recording the same 50

For noting without protest 25

For notice to endorsers &c. each 25

For affixing the seal notarial 25

For each certificate 25

For taking acknowledgment of deed or other indenture 25

ASSESSOR AND COLLECTORS FEES.

Sec. 11. The assessors and collector’s shall be allowed for ever day they are necessarily employed in the business of their appointment 2,00

THE CITY WATCH.

Sec. 12. The city watch shall be allowed for services in guarding the
city
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for every day 1,50

Sec. 13. The fees of the several officers and persons aforesaid, where not otherwise designated or provided for, shall be due, and if demanded, paid by the party claiming said services, upon the rendition of said services.

Sec. 14. The Mayor, alderman, and clerk of the municipal court, shall keep an exact account of all costs that may accrue in the progress of each and every suit in their respective courts, specifying the particulars of each charge, and upon the rendition of judgment, shall charge the unsuccessful party with the costs of suit.

Sec. 15. When execution shall issue against the unsuccessful party, for the recovery of the judgment rendered, a bill of the costs as aforesaid shall be included in such execution, and if said costs are not recovered from the unsuccessful party by execution as aforesaid, it shall and may be lawful, and it is hereby made the duty of the Mayor, alderman, or clerk, as aforesaid, to issue a fee bill against the successful party for all costs that remain unsatisfied; which fee bill shall contain the particulars for which fees are charged; be directed to the marshall; and shall have all the force of an execution.

Sec. 16. There shall be clerk of the Mayor’s court who shall be appointed from time to time by the Mayor, as he shall deem expedient, whose compensation of services shall be the usual perquisites of the Mayor’s office as set forth in the third section of this ordinance, excepting the compensation “on trial per day $2.00” and “each marriage ceremony performed 1,00.”

Sec. 17. This ordinance to take effect and be in force, from and after its passage.—

Passed January 14th 1843.

JOSEPH SMITH, Mayor.

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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, Recorder. [p. [4]]
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1
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[2]
