shall weigh not less than two hundred pounds nett weight each. SEC. 7. And be it further enacted. That it shall be the duty of the several inspectors under this act, to enter in a book by them kept for that purpose, the mark, number and weight of the several hogsheads and barrels by them inspected, together with the name of the inspector and ware house where such inspection was had. SEC. 8. And be it further enacted, That each andevery inspectors appointed by virtue of this act, before they enter on the duties of their respective offices, shall be sworn before the clerk of the county court by which they were appointed, that they will faithfully discharge the duties of their office without partiality, favor or affection. SEC. 9. And be it further enacted, That it shall be the duty of the several inspectors appointed by this act, to furnish the owner or proprietor of any of the above mentioned articles with a certificate of the mark, number and weight of the several articles by them inspected, and to attest such certificate. SEC. 10. And be it further enacted, That this act shall take effect and be in force from and after the passage thereof. GEO. FISHER, Speaker of the House of Representatives. President of the Legislative Council pro tempore. APPROVED January 4, 1817. NINIAN EDWARDS. AN ACT to regulate the practice in certain cases. B E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is hereby enacted by the authority of the same, that in any action commenced, or which may hereafter be commenced, in any court of law in this territory upon any note, bond, bill or any other instrument of writing for the payment of money or property, or for the performance of covenents or conditions, if such note, bond, bill, or instrument of writing was made or entered into without a good or valuable consideration, or if the consideration upon which such note, bond, bill or instrument of writing was made or entered into has wholly, or in part failed, it shall be lawful for the defendant or defendants against whom such action shall have been commenced, to plead such want of consideration, or that the consideration upon which such note, bond, bill or instrument of writing was made or entered into, has wholly or in part failed; and if it shall appear that any such note, bond, bill or instrument of writing, was made or entered into without a good or valuable consideration, or that the consideration has wholly failed, the verdict shall be for the defendant; and if it shall appear that the consideration has failed in part, the plaintiff shall recover according to the equity of the case. This act to be in force from and after its passage. GEO. FISHER, Speaker of the House of Representatives. JOHN G. LOFTON, President of the Legislative Council, pro tempore. APPROVED-January 4, 1817. NINIAN DDWARDS. AN ACT forming a new county out of the county of B Madison. E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is hereby enacted by the authority of the same, that all that tract of country within the following boundaries, towit: Beginning at the south west corner of township number three north of range four west, thence east to the south east corner of township number three north, of range number one east, to the third principal meridian line; thence north to the boundary line of the territory; thence west with said boundary line so far that a south line will pass between ranges four and five west; thence south with said line to the beginning, shall constitute a separate county, to be called Bond; and the seat of justice for said county shall be at Hill's fort, until it shall be permanently established in the following manner, that is to say, there shall be five persons appointed, to-wit:William Roberts, John Powers, Robert Gillaspie, John Whitley, senior, and John Loston, who or a majority of them, being duly sworn before some judge or justice of the peace of this territory, to faithfully take into view the situation of the settlements, the geography of the county, the convenience of the people, and the eligibility of the place, shall meet on the first Monday in March next at Hill's fort on Shoal creek, and proceed to examine and determine on the place for the permanent seat of justice, and designate the same: Provided, that the proprietor or proprietors of the land shall give to the said county for the purpose of erecting public buildings, a quantity of land at the said place not less than twenty acres, to be laid off in lots and sold for the above purpose, but should the said proprietor or proprietors refuse or neglect. to make the donation aforesaid, then and in that case, it shall be the duty of the commissioners to fix upon some other place for the seat of justice, as convenient as may be to the present and future settlements of said county, or should the said commissioners fix it upon lands belonging to the United States, in that case, the judges of said county or any two of them may apply to the Register of the land office for their district, and in hehalf of the county purchase one quarter section for the use of the county, and the seat of justice shall be established thereon, and the county shall be bound for the purchase money; which place when fixed upon and determined, the said commissioners shall certify under their hands and seals, and return their certificate of the same to the next county court in the county aforesaid; and as a compensation for their services they shall each be allowed two dollars for every day they may be necessarily employed in fixing the aforesaid seat of justice, to be paid out of the county levy, which said court shall cause an entry thereof to be made on their records. SEC. 2. Be it further enacted, That the citizens of Madison and Bond counties, that are entitled to vote, may at any election for a member of the legislative council and house of representatives to represent said district, proceed to vote at their respective seats of justice for such members; and it shall moreover be the duty of the sheriff of the said county of Bond, within ten days after the close of said election, to attend at the court-house of the county of Madison with a statement of the votes given in the said county of Bond, to compare the polls of the respective counties; and it shall be the duty of the sheriffs of Madison and Bond to attend at such time and place with a statement of the votes of Madison and Bond counties. and upon counting the votes of the said counties, it shall be the duty of the sheriffs of Madison and Bond counties to make out and deliver to the persons duly elected a certificate thereof. If the said sheriffs or either of them shall refuse or fail to perform the duty required of them by this section, such delinquent shall forfeit and pay the sum of two hundred dollars, to be recovered by action of debt or indictment, one half to the use of the territory, the other half to the person sueing for the same. SEC. 3. Be it further enacted, That the citizens of the said county of Bond, are hereby declared to be entitled in all respects to the same rights and privileges in the election of a delegate to congress of this territory, that are by law allowed to other counties of this territory; and all elections are to be conducted at the same time and in the same manner as is provided for other counties. This act shall commence and be in force from and after its passage. GEO. FISHER, Speaker of the House of Representatives. PIERRE MENARD. President of the Legislative Council. APPROVED-January 4, 1817. NINIAN EDWARDS. AN ACT regulating and defining the duties of the United States' Judges for the Territory of Illinois. B E it enacted by the Legislative Council and House of Representatives of the Illinois territory, and it is hereby enacted by the authority of the same, that the Illinois territory shall be divided into three circuits, in the manner and for the purposes hereinafter mentioned. SEC. 2. And be it further enacted, That the counties of Bond, Madison, St. Clair, and Monroe, shall compose the first circuit; the counties of Randolph, Jackson, Johnson and Pope, shall compose the second circuit; the counties of Gallatin, White, Edwards and Crawford, shall compose the third circuit: Provided however, that when a new county shall at any time hereafter be established, such new county shall be attached to the Judicial circuit from which the largest portion thereof may be taken and it shall be the duty of the Judge,allotted as hereinafter directed, to hold courts in such new county at such time and place as may be directed by law. SEC. 3. And be it further enacted, That the judges who are or shall be appointed for the Illinois territory, under the authority of the United States, shall previous to the time prescribed by this act, for holding the first court proceed to allot amongst themselves the circuits in which they shall respectively preside, which allotment shall continue in force for and during the term of one year thereafter, and such allotment shall be annually renewed, and which allotment in writing, signed by the said |