Page:Federal Reporter, 1st Series, Volume 8.djvu/754

'740 FEDERAL REPORTER. �constitutional distinction between the county court and court of claims, would decide that county court, in this charter, meant a court held by the county judge alone, except for the fourth section of this charter. �This section enacts — "That the person actitig as sheriff at the several precincts shall retum to the clerk of the county court, within three (3) days after the day of such clection, th« poll-books of their respective precincts, and on the next day thereafter the county judge and county clerk shall count the vote; and if it shall appear that the majority of those voting'is in favor of the subscription of stock, as pro- posed, the county judge shall order the vote to be entered on the record, and the subscription to be made by the clerk on behalf of the coanty.on the terms specified in the order submitting the question to a vote." �ihe county judge is required to "order the vote tb be ehtered on the record, and the subscription to be made," etc. This cbuld be done only in the records of the county court, and the use of the \tord8 "county judge, " in this connection, is incohsistent with the construc- tion that "county court," as used in this charter, means merely the county judge acting as a county court. �Construmg the entire act, and gathering from its provisions the legislative meaningin the use of the temx "county court," I hate coiicluded that it means a court composed of the county 'judge and the justices of the peace, and that, under this charter, the County judge alone eannot ieiy a teix tO pay this judgment. �The demurrer will be sustained. ���Pka-o-wah-ash-kcm V. SoEiN and others. (Circuit Court, HT. D. Illinois. 1881.) �1. Indians— Thbib Status as Regards Ownership of Real Phopeett. �A woman of the Potta.watomie tribe of Indians, whose husband bas aoqulred title to lands by a patent from the government, is thereafter subject to the same laws, and, wbere the rights of third parties are concerned, is liable for the consequences of her acts and non-aotion, as any other person. �2. Samb — DowER — Lachbs �By the treaty made on the Tippecanoe river, in 1832, the section of land in controversy was granted to an Indian chief of the Pottawatomie tribe, to whoni, two years after, the plaintili was married. In the following year, by a deed in which the woman did not join, the land was deeded away. In 1846 the husband died. The patent from the government was not issucd until 1864. Thirteen years after, the widow flled this bill for the assignment of dower in the land. Beld, that, as against those in possession under the deed of the husband; the bill must be dismissed. ��� �