Indiana Palladium, Volume 3, Number 5, Lawrenceburg, Dearborn County, 10 February 1827 — Page 1

EQUALITY. OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN Barlow. Volume III. LAWRENCEBURGII, INDIANA; SATURDAY, FEBRUARY 10, 1827. Number 5.

PRINTED AND PUBLISHED

BY M. Gregg & D. V. Cullej, ON EVERY SATURDAY. LAWS OF INDIANA. AH ACT To amend the several acts now in force relative to assessing and collecting the Revenue. Approved, January 22, 1827. Sec. 1. Be it enacted by the General Assembly of the State of Indiana, 'That the board of justices or proper persons au thorized to do county business, in their respective counties, are hereby authoriz ed required to make their settlements, and publish or cause to be published, a statement of the receipt & expenditures of their several counties, respectively at their meeting in January, instead of No vember, as is now provided by law; and at the same time appoint one suitable person in each township, an assessor for 1 r At . sum lownsnip; or 11 iney deem it advisa ble, appoint one or more assessors in such county, for the ensuing year, and shall at their January or May meeting, as they may deem most suitable, fix on the rate of taxation for that year for county purpose?. S?c. 2. It shall be the duty of the several boards of justices of the peace, or other persons authorized to do county business, before the delinquent list of taxes of any former year b put into the hands of the collector, to strike off all lands which they msy know have been forfe.hel or relinquished to the General Government; and that it 6hall be the duty of collectors at the same time that they make, sign and swear to their delinquent lists, to make out, sign and swear to in the manner prescribed by this act, and the acts to which It is an amendment, a list of the amount of property and taxes assessed and colJected from unassessed property and persons, and that no allowance shall be made to any collector or his delinquent list, until lie shall have complied with the provisions of this act, and the acts to which this is an amendment. Sec. 3. I( is hereby made the duty of the clerk of the board of justices, or proper persons authorized to do county busi-nesi-i each county in this etat?, to publish i list of the unassessed property that has been assessed for collection by the sheriff or collector, in the same manner, and at the smo. time that he publishes the delinquent list; and for failing to comply with the foregoing provision, he shall be subject to the same penalty as for tailing to publish the delinquent list. It shall be the dutyf the several collec tors within this state, on the receipt of the tull amount of the state and county revenue due from the person who may pay the same, to execute to such person a receipt therefor, in which the amount so paid shall be particularly designated, and set down m writing, in words at full length. Sec. 4 That hereafter it shall be the

duty ofthe boardsof justicesoftheseveralibe over fiftv dollars and not exceeding

connties, or other persons authorized to one hundred dollars, exclusive of interest rHv- And li ,hp defendant has anyspe-,qUli;tipS both of head and heart, the pro-aR8 to ,nd,rf) nor aov one 0R bord c" tlo count) business, at the time that the'and cost, it shall be lawful for the plain-;1 matter of payment, or set off to a!- fOU(ld- and" various learning, the social en-: l,,iUnted w,,h or had ever 8Prn 1 collector makes return of the amount of tiff to commence his suit either before ,P(i in dofe,'ce he hH 11 manner, jowments, the misfortunes and even the,were 8 fPecIe of 8erPea, and carri d taxes collected by him of unassessed a justice of the peace of the proper to- - '-More the commencement of the trial, eccentric itirs of this worthy man and h',s tbre or four fret oat of t,r; the.r property and persons, to make an orderjship, or in the circuit court at his discre-ifl,e w,,h the justice, a statement thereof, wel rrad lawyer, demand the tributeof , PPeared of n '"-gular shipe resemand say how much the assessor of that: tion ; and on the decision of any such ac-!and 011 th,i ral,the plantiff shall not be a rPsp(,c,f memorial. 'r,,nB , ,f " T , 71 7iT year shall be deducted from the pay action by a justice ofthe pe ice, and an ap-' permitted to give evidence of any mit-. Mr- Kidder was a native of the townl.tT rLrlV We LTaVerr d Innrt ' lowed to such assessor, for failing to as-jpeal taken thereon to the circuit court, ter, trespass, injury , demmd, contract, of Ntw I1)Swich, in the Ma(e of Newif lwo ;f (em which broached us horn I sess such persons and property not as- the supreme court shall have appellate,11:"1 or account, that is not mentioned in H unphire, and was graduated at Dart- dir,cUon abeatn of us and without ann rent-

Bt;lu rt tiuitriam: nu 11 sucn sor shall have received his pay for assessing, such assessor and his securities shall be liable on their bonds for the amount which the board of justices, or1 otner persons domgeounty business, shall gay as aforesaid suchassesors ought to pay for such failing to assess. Sec. 5. It shall be the duty of each & jGverycollector.onbeinginformed that any non-resident is standing a coveting horse in his collection district, to assess and .cojieci tne same amount of tax from the owner or keeper of such horse that resident owners of such horses are required .to pay as a tax in similar cases. Sec. 6. Tiiat hereafter it shall be the .duty of any person or persens who may .intend to exhibit to public view, or show any animal or animals, wax-work or other figures, rope& wire dancers, for gain, to apply to the treasurer of each county where such animal or animals, wax-work or other figuresiare to be shown, nay to saidtreasurerthesum of five dollars, who .snail receipt for the same; which receipt ,snaii tie. presented to the clerk of the pro per county, who is hereby required to make put his certificate under the seal

of said county, for which such clerk shall be entitled to receive as a fee therefor, the sum of fift y cents, which shall be a sufficient voucher for such applicant or his agent, to show or exhibit sue h animal or animals, wax-work or otherwise, during his stay in such county; and should any person refuse or neglect to avail himself or themselves of the provision herein contained, such person or persons, shall be liable to pay a fine not exceeding twenty dollars, with costs, and all sher

iffs, coroners, constables and justices of the peace in the several counties, are hereby enjoined to carry into effect, the provisions of this section: Provided, said license shall not be transferable. Sec. 7. The certificates of the clerks of the circuit courts issued to grand and petit jurors for their services as such jurors agreeably to the provisions of the eighth section of an act entitled "An act to amend the act, entitled an act to regulate the judicial circuits, and fixing the times of holding courts" Approved, February 12, 1825, shall be paid in the same war and manner that any other orders or drafts are paid which are issued by any legal authority, payable at the treasury of the county ; and the collectors of county taxes are hereby required to receive any such certificates as cash to the full amount of their face, in the payment of any taxes due to his country. Sec. 8. That there shall hereafter be assessed and collected for state purposes a tax at the rate of eighty cents on each hundred acres of first rate land; of sixtyCents on each hundred acres of second rate land; and of forty cents on each hundred acres of third rate land; and thirty-sfven and a half cents on each poll, and no more, to be assessed, collected and paid over, according to the laws of this state upon the subject nf revenue: Provided however, That nothing herein contained shall be so construed as to make any change in the existing law in respect to county taxer: Provided however That nothing in this act, or the act to which this is an amendment, shall be so construed as to prevent the lister of the county tax from omitting listing any horse, mule or ass, that shall not exceed ten dollars in value to be decided by the lister: Provided also, That hereafter no poll tax shall ever be levied and collected from any person over sixty years of age, any law or uage to the contrary notwithstanding: Provided, That no tax shall be assessed on any land purchased from the United States, u less the same shall have been purchased five years previous to the time of the assessor making his return of assessment. This act to take effect, and be in force from and after its passage. AH ACT To amend the act, entitled an

act reoulatine the iurisdic-ito

. -1 -1 .. r r ( y ' . 1 Of the Peace. APPROVED January 24, 1527. Sec. 1. fie it enacted by the General,"'

UOU ana dimes 01 JUStlCeSicise statement in writing of his raue rtf,

Assembly of the State of Indiana, Thatir?Pres?, or "mpuea to tile tus account,

in all actions of debt or asun n ;t wherein the sum due or demanded, shall asees-,junsaicurn in tne same manner as it the1 same had been originally commenced in the circuit court: Provided that this act shall not be so construed as to alter or effect the jurisdiction of justices of the peace, in sums not excee in such manner as to them un iust and reasonable tV Sec. 2. When any judgment may be entered against any defendant in his absence. if he annear within ten davs. nnv r o t-P PPiir tv for th rnts- anH alA enter into bond to pay and satisfy the judgment of the court in that particular case, and request the judgment to be opened, the justice may grant a new trial, and appoint a day therefor, of which the defendant shall notify the plaintiff or his agent, at least six day s prior to the day appointed; but stay of the execution shall only be prolonged from the day of the former judgment: Provided, however, if the plaintiff or his agent does not reside within the countv.

as now prescribed by law. In all cases action, before entering into trial, and in ed lawyers. ;ind shortl y aftor the expira-' Br! celentr. home 01 them -i a si.ort d.sof appeal from the judgment of justicesial M of appeal, from the judgment of Uon hi; Wrm of gtud n d an J. tance .ff eerily resembled the rePreentah00, of the peace to the circuit court, said an of.the. nHc be the as attoniev at ,aw in the town of Wat.and their appearance n.raby as m,hr to court shall tax the costs of such anneal d"f of s,lch J,lslce to geT'd UP to erville. in the district nnw th. c,,, .fi,he d.p!ion I en ofthe hea erPent,

the party applying for such new trtaljlcourf, where such appeal was tried, and

shall leave a written notice in the office of the justice granting the same at least ten days previous to the day set for such new trial. Sec. 3. That hereafter, when any per sons may appeal from the judgment of a

justice of the peace to the circuit court. agreeably to the 17th srrtion of an act regulating the jurisdiction and duties of justices ot the pace, approved Junuirv 30, 1824, it shall be the duty of the justice granting such appeal, to cause the transcript, bond, and other papers connected with said suit, to be delivered U the clerk of the circuit court of the proper county, within twenty days from the time of granting such appeal: and it shall be the duty of the said clerk to file and docket the same immediately on receipt thereof, agreeably to the provisions of aid act, and on failure to prosecute such appeal, appellant shall forfeit and pail ten per centum on the amount of the judgment so appealed, to be recovered by the appellee and taxed by the justice before whom the cause was tried. The 13th section, and so much of the 17th section of said act, as comes within the perview of this act, be and the same are hereby repealed. Sec. 4. In all cases where an appeal hereafter may betaken from the judgment of any justice of the peace in thi State, and either party should consider himself, herself, or themselves aggrieved by the judgment of the circuit court. where the s;ime may amount to the sum of fifty dollars and upwards, such party shall have the right to appral to the supreme court of this State in th same manner as if the suits had been original ly instituted m the circuit courts; any law, usige, or custom, to the contrary notwithstanding. Sec. 5. That whenever any justice of the peace snail remove out of the town ship, county seat, or incorporated town, wherein he was elected, his ofiice shall be vacated, and his authority by virtue thereof shall cease. Sec. 6. On judgments rendered b justices of the peace, in obedience to the provisions of this act, on the defendants entering good and sufficient security on the justice's docket , before whom uch judgment was rendered for the amount of the debt, interest and cost, there shall be a stay of execution, if the same shall exceed fifty dollars, one hundred and fifty days. Sec. 7. In all cases hereaf'er deter mined in the circuit or supreme courts, which originated before a justice of the peace noattornies docket fee shall hereafter be taxed or paid in the costs, against either party. Sec. 8. In all suits that may hereafter be instituted before any justice of the

peace, it shall be the duty of the justioe'may be eommi5-' d a such Justice.

of the peace to filo,oriauo the plaintiff! fi.Ie e the inng of thepn cess. or inree nays previous to tne trial, ? -wt' '.- ' !!, a con-

rtio,., or.m.nr, of the inj,m- l.irl. heiaml vim,o., I rcqnert iho inscr-

a,",a -u..u:u ll" ,"lt ,1UU- 1 !'M,t u 1 m 01 prucuiars, siHiemenr oi me na,nrp of hh demand, note bond, bill, or t'1(,r writing, on which he intends to .-. m ut Pnnueu K"- "Muerue o. y

matters 01 payment tnn mose spocmea Jfl,v in the tmvn of Amherst, in his na-lnin-onthem we were obliged to keep the vessel 111 hi defence: provided, however, the, tive Mat anJ jn Northampton, Massa-lcff. be.ng fearful of injuring: hercopper. Ihey Pontiff, or defendant, by the pprmision!cluS(?u or fhe U5ual per;oc (three!PPred to thirty cr forty fet id length,

circuit court, such written statements of

ithe cause of action and defence of the ' .,riH iHn trv nrt P0,rA t n ..... .u. . . Jried industry and research, above all'

parties, with the transcript and other papers in the cause, which written statement of the cause of action or defence. MMH mil i'r- ei rtsiutr u rt4u O'un ii want of form, but shall be acted upon bysuch court, without any substantial amendment or alteration. Sec. 9. Whenever a judgment shall be rendered by a ciicuit court in any suit or action brought before said court, by appeal from thejudgment of a justice of the peace, and the amount in controversy, exclusive of interest and costs, shall exceed twenty dollars, it shall be lawful for either plaintiff, or defendant, to procure from the clerk of the circuit

judgment rendered, a transcript of thejous and severe misfortunes, and to ex-

record ot the case, and assign eirois of law on the same, and if on exhibiting said transcript with the assignment of errors to any judge of the supreme court, if said judge shall be of opinion that errors, exist in the record, and proceedings exhibited which entitle the party exhibiting the same to a supersedeas, said judge shall be authorised to grant a supersedeas, subject to the same rules and conditions on which supersedeas" are row granted bv the supreme court or any judges of the same; and the supreme court shall have jurisdiction over the case in which said supersedeas shall le granted, as fully to all intents and purposes, a though the action were originally commenced in the circuit courts: Provided, that in all cases where the amount in controversy is under fifty dol lars and exclusive of interest and cost: it a supersedeas shall be refused, the su preme court shall have no jurisdiction. Sec. 10. That it shall hereafter be the duty of each and every justice of the peace, to make out a list of all fines and penalties by him assessed, on, and collected of each and every individual, and record the sail list in a book to be kept for that purpose; and on the first day of each and every session of the board of justices, of each county, to return said list ! all tines imposed and collected by him, ince his last return, at the precerding session a herein required, and said list shall be certified under the hand seal of such just irf. Sec. 11. It shall be the duty of the clerk of the board of ju-tice s to record the said list of fines at full length, on the records of such boaid; and on the first day of each circuit court in every countv, to make out two certified copies of such returns, one of which he shall deliver to the prosecuting Attorney of his count ; or circuit and the other he shall deliver to the trustee of the public Scmirin of the county ; and should any clerk or justit of the peace refuse. or neglect to comply with this requisition, he shall be liable upon conviction thereof.bv present ment, or indictment to a penalty, not le?s than twenty dollars, and if any justice of the peace snail certify to a faUo list of statement ot fines, as aforesaid, such justice on conviction, shall be held guilty of perjury, and be liable to the pains and penalties thereof. Sec. 12. Hereafter no attorney at law, who shall hold the commission of a juslice of the peace, shall be permitted to appear or act as an attorney before any other justice of the peace; or to appear or act as an attorney in any circuit c urt on appeals taken from hi judgments, or the judgments of any other justice of the peace, in the county where s iid attorneyFrom the Indiana Journal. nr.. T,,,.r A.vo 11 ,:u.. .,r, .! . uyjutz io j ?iiuiu 11 nunc i ir uon 01 me loutm-ing. a subscriblr. UBl lUAtil JSUTIGE. Died In Septemberlast, nearSpring hVld Posey county , Indiana, REUBEN

KIDDER, Es. counsellor at law, aed'of description which nnther the cpun (h

a1lllt 55 years. The rcnny oxcellentlbad been to sea for 20 years and 7 or 8 voy-

mouln college, in the town ot Hanover, ' jn said state. He pursued the study of f o:, " his exemplary and unimpeachable integ - ritv, soon furnished him with an ample field of professional labor, and compel tency and comparative wealth became,

in a hort time, the natural results of hisjseveral lives were lost, a verdict ormautau;b-

exertions. Jn the mind of Mr. Kidder,!" agmsi Ine eo? neer, was inumru vy tuu f - i m" K KT

nrnnrrtv haft no ollr rKnrm than thnt of furnishiug the mean3 of comfortable A n l vv mo r t urn --v Vu i t O 11 C 1 1 i . . . r- . .J . - i J . I,; i .. ucaii naj uut' is U(H n u i unit vital II , . .-. . r and instead of hoarding his professional and personal gains, they were distributed with an unsparing hand, among the children of penury and misfortune. His dwelling was ever the abode of a plain 1. 1 . 1 i Mm 1 1 out cordial nosDitaiin. it was nis aes-; tiny however to be availed by numer -

penence in the decline 01 me, no nine

portion of neglect and indifference from a cold and unfeeling world. By repeated conflagrations two or more valuable dwelling houses belonging to Mr. K were destroyed, and in some commercial speculations, in which he embarked, and for the management of which he was illyqualified, the residue of his propertywas absorbed and lost. About the rinse of the last warjhe emigrated from Kew England to the western country, and located himself as a lawyer in a flourishing town in this state, where, if common tame be true, instead of fair competition, and professional good will, he met with morosenrss, jealousy and vindictive persecution from a member of his own profession, from whom the dictates of 1 is own heart, prompted him to expect nothing less than hospitality ai d kindness; disappointed in his expectations, he withdrew from this state to Cincinnati, where for a considerable time he devoted himself to literary pursuits and was engaged in preparing for the press, a useful geographical description of the western states and territories. In 1820 he re turned to Indiana and settled in Corydon, where from a respectable and be nevolent officer of the supreme court of this state, he received a share of that hospitality, kindness and assistance, he had been accustomed to dispense in hia better days. From this time, be continued to practice in the courts of justice at Corydon, and in the various circuit courts of the 4th judicial circuit, and about twelve months before his death, located himself in the county of Posey. Mr. Kidder left tw o sons of adult age living in the state of Maine, and an am'H able widow, to whom he had been united a little more than a y earbefore his death. He possessed an active and inquiring mind, capable of long ai d intei se reflet tion, and stored with rich, various and extensive learning. His memory waft peculiarly extensive. In fertility of anecdote, in biographical and historical recollections, he had few, if any, superiors A natural eccentricity of thought, manner and action rendered him humorous and interestii g, and heightened the pleasure deiivtd frem his society. Hi9 social and intellectual qualities, commanded respect. His moral rectitude and suavity of disposition, made him beloved. Ttit a tnaiu simplicity a child. No man was more entirely exempt from any thing like bittcrmss or asperity of character. In singleness of heart and integrity of life, few have excelled him, and no man to whom he was intimately known, will refuse to insciibe on his tombstone, this best of all epitaphs, t'Hereiks the noblest zrork of God " A IMXl ST MAS." JUonsten of the sea he fol owin is com Q)umca!-d u the t dnor of the New York Pst b? an acquaintance, who will vouch lor its auam Journal of lh, Supercarj0 of a Vt8sel recently turned frnoi the E.sf Imhrs. "On our royti8 out, in Utitud- 40, south, longitude about iO. east, we npre surrounded for several hours by a numfrrr of Sea Monsters

. takine scarcely any notice of us ptss-d

close under our bowsprit; nd to avoid run-

-rnicKJand at tiroes moved through the water with

j which appeared n our coast som lune sme. ,er " , 1 m and tU"T nnfintlPii around us from noon, whm tber wrfe first seen, until dark In consfqieoce of a latp explosion of thd boiler of a steam boat in Fnghnd, by which Jr? 01 laquesr. D-CHU 01 urwrnc. No - - - doubt, many thest dreauful accideots are the result of fool hardiness or not less excuse ib eneg ect Habit sometimes renders ivron? j ' - ,. , ! ik.D , r I Jlb faimtiHr with danger that they do no' fe.-l a rightful necessitf of guarding agiiinst it and if their on lives, only, were at stak. it would be the less matter but on their prudence de. pends the lives of many, and the Ijxo should maka them feel the responsibility of th-ir con dition in respTt to others, if thty escape the ldotruciiea which tbejr permit tho comeiDgoJl