Indiana Palladium, Volume 5, Number 5, Lawrenceburg, Dearborn County, 7 February 1829 — Page 1

EQUALITY OF RIGHTS IS NATURE'S PLANAND FOLLOWING NATURE IS THE MARCH OF MAN. Barlow

Volume V. LAWKENCEBURGH, INDIANA; SATURDAY, FEBRUARY 7, 1829. Number 5.

BY AUTHORITY, LAWS OF THE UNITED STATES PASSED AT THE SECOND SESSION OF THE TWENTIETH CONGRESS.

Puelic, No. 2. AN ACT restricting (be location of certain Land Claims in the Territory of Arkansas and for other purposes. Bs it enacted by the Senate and House of Representatives of the United Stales of America in Congress assembled, I hat no person entitled to a donation of land by the eighth section of an act, entitled "An act to aid the State of Ohio in extending the Miami Canal from Dayton to Lake Erie, and to grant a quantity of land to said State to aid in the construction of the Canals authorized by law, and for making donations of land to certain persons in Arkansas Territory," shall be permitted to enter the improvement of any actual settler in the Territory of Arkansas, before the same shall have been offered for sale, unless it be with the conscntof such actual settler; & all entries which may be so made shal he considered null and void. "Sec. 2. Be it further enacted, That no person residing south of the Arkansas river, and west of the present Territori al line, shall be entitled to the donation of land given by the eighth section afore said, unless said persons shall move east of said line; and, in that case, they shall be entitled to the donations specified in said eighth section of said act, under the restrictions aforesaid. ANDREW STEVENSON, Speaker of the House of Representatives JOHN C. CALHOUN, Vice-President of the United States, and President of the Senate, ArrROVED, 6th January, 1829. JOHN QUINCT ADAMS. Public, No. 3. AN ACT to preserve from injury and wwte the School Lands in the l erritorj of Ar kansas. Be it enacted by the Senate and House of Representatives of the United States cf America in Congress assembled. That the Governor and General Assembly of the Territory of Arkansas be, and they are hereby, authorized to make, and carry into effect, such laws and needlul regulations as they shall deem most expedient to protect from injury and waste, the sixteenth section in all townships of lai d in 6aid territory, where surveys have been or may hereafter be made, which sections are reserved for the support ofj schools in each township, and to provide by law for leasing or renting the same, lor any term not exceeding five years, in such manner as to render said school lands most valuable and productive, and shall apply the rents derived therefrom to the support of common schools, in the respective townships, according to the design of the donation, and to no other purpose whatever. Approved, 6th January, 1829. Public, No. 4. AN ACT extending the term within which Merchandise may be exported ivitb the benefit of drawback. . Be it enacted by the Senate and House of Representatives of the. United States of America in Congress assembled, That from and after the passage of this act, all goods, wares, and merchandise which are now entitled to debenture, or which may be hereafter imported, maybe exported n tne oenefil f drawback, and without any dcduC!.o" from the amount of the duty on the same3, at any tint within three years from the date when the same may have been, or shall be imported: Provided, That all existinglaws regulating the exportation of goods, wares, and merchandise, shall have been in other respects complied with. And provided further, That this act shall not be so construed a3 to alter in any manner the terms of credit now altowed by law for the duties on goods, wares, or merchandise imported. Approved: 6th January, 1829. Public, No. 5. Af ACT to allow a salary to the Marshall oil the District of Connecticut. Be it enacted by the Senate and House of Representatives of the United States of Ancrica in Congress Assembled, That the um of two hundred dollars be, and the same hereby is, allowed annually, as a snjarv to the Marshall of the district of Connecticut. Approved, 6th January, 1 829. Peace is likely to be established be!ween France mi the Dey of Algiers.

Indianapolis, Jan. 22, 1 820.

Messrs. Gregg Culley : I herewith forward you a copy of the bill which wa? presented for the purpose of selling the school lands in the county of Dearborn, and which J hope may be published in your paper. It is the same as the one which passed the House of Representatives. The one introduced into the Senateas a substitute, and which has become the law of the land, will soon be published. The people will then have an opporunity to judge of the relative merits of both plans as proposed by the bill?. The bill, which has become the law, f would not support. It docs not, in mv opinion, meet the expectations or wishes of the people, nor can it effect the ob ject intended by the donation. The tireat objection made to the bill presen ted by the committee, and which passed the house, was that it left the property too much at the control of its real own er?, the citizensof the several townships. Whether the people will consent to elect one overseer, and pay him for do ing that which they can much better do themselves, is for them to determine. The subject is before the people, and I earnestly hope will receive all the con sideration its importance demands. I am gentlemen, your obedient servant. HORACE BASSETT. B-ll to authorize the tnle of the school lands in the county of Dearborn, and for other purposes. Sec. 1 . Be it enacted vv the General t.' Assembly of the state of Indiana, That ench and every Congressional township within the county of Dearborn, shall be and the same are hereby constituted a body politic and corporate, and in their corporate name and capacity, may sue and be sued, plead and be impleaded in .my court of competent jurisdiction. sec. 2. lie it further enacted, 1 hat any live of the freeholders in any township in said county may call a meeting of the inhabitants, by notifying the same in wri ting, to he posted up in three of the most public places in their township, at leas! twenty days prior to the time of meeting the meeting to be held on the sec tion reserved for the support of schools. ras near thereto as a convenient place can be had ; and in case a majority of the legal voters of the township should be present, shall proceed to determine by vote whether they will sell the said reserved section or not ; which election shall be conducted in the same way as is directed by the law regulating the election of state and county officers. And should a majority of the legal voters preset, be in favor of a nle, the clerk of the meeting shall, within ten days, certify the same under oath, to the treasurer of the county. Sec. 3. Ttie electors of the township shall at such meeting elect three trustees, who shall be freeholders or house holders of the township, who shall severally hold their offises for oneyear,and until their successors shall be elected and qualified, which elections shall be annually on the first Monday in September, but in case no election shall be held on that day, the same may be held on any subsequent day, notified in the manner aforesaid, ten days prior to such elec tions. Sec. 4. The trustees go elected shall be denominated the Trustees of Congressional township No. Range No. , and be severally sworn to the faithful discharge of the duties by this act enjoined upon them. These shall appoint a township clerk for the tirtJC being, who shall be sworn in like manner a? the trustees. Sec. 5. Should a majority of the voters in any township in said county, be in favor of the sale of the reserved section, the trustees shall proceed to sell the same at public auction, to the highest bidder, in such divisions and lots, as will best suit the purchaser, and ensure the best price for .said land. The trustees shall fix a minimum price on said land before the sale, which shall in no case be less than one dollar and twenty five cents per acre; and no sale of any of said lands shall be for a less sum than the minimum price aforesaid. Sec 6. The trustees shall, before they proceed to sell the land, give public notice thereof at least thirty days previous to such sale, Ivy posting up the same writing in three or more of the most public places in the township, and also by causing the same !o be published in some public newspaper, should there be any one in the county, and if not, then at the courthouse door and 6uch other places .within the county as they may deem pro-

(per; the sale to be at or as near the pre

mises as convenience will admi', between the hours of ten o'clock A. il. and 6ix o'clock P. M. and may be adjourned r m. . I . M 11 trom elay to day, as tne trustees may aireel, until the sale shall be compl'eied. The township clerks shall be clerks of the sales aforesaid and shall record the same in their respective township oooks, ana also return a true copy mereof to the treasurer of said county within tive days from and after, Ihe sale as aforesaid. &ec. 7. 1 he trustees shall require tne interest on the whole amount of the sales, to be paid at the time of the sale, and one fourth of the principal: Provi aea, 1 hat it shall be at the option oi tne purchaser to give bond and security for the said fourth part of the principal, payable in one year, with interest annually the bond and security to be approved

ny ine trustees !he securities lo oe ai a school house, its form, and the matenleast two freeholders of the county; and als with which it shall be built wheth-

in case the said fourth part shall exceed one hundred dollar-, in addition to the sureties aforesaid it shall be secured by mortgage on real estate other than the premises sold. The remaining three fourths of the sum to lie on a credit of any length of time to suit the purchaser, his heirs or assigns, with interest annualny payable in advance at the commencernent of each year; and on failure to pay meimeresi lor inespace i six montns aiterit shall have become due, the tract of land on which the interest may be due hall be forfeited to the township, as also ft ft . k , I me oenent ol the contract by which ir shall be held; and the township shall have a right forthwith to hold and posess such land:; and all purchasers, theii heirs and assigns, alter tailing to pay the interest due in advance as aforeaid, shall from thenceforth be considered as tenants at will only; and if he she oi - thev after that time shall commit any unnecessary waste upon the premise. occupied, and upon which the interest has not been paid as aforcsaid.it shall he the duty of the clerk of the proper township, lo commence, in his ownname. tor the use of the township, an action of tresspass, before some justice of the peace in the county where the land lies: and if on trial the clerk shall recover a judgment, such judgment shall justify and authorize him to take immediate povssessinn of the tract of land in ques-

lion by calling to his assistance if neces- Iand,withrn five days after the receipt ary, the potse comitatus, and from that thereof, together with all the interest time the township shall of right hold and paid in advance as aforesaid, and annuposscss such land: Provided, That when- ally thereafter, or as often as monies ever the trustees of any township maj shall come to their hands within ten days have leased said reserved section under after the receipt thereof, unless the full any former act of the Legislature, the amount of the annually occuring interlessee shall have the right to hold the ost shall be expended for the support of land agreeably to such lease, or to sur- schools within the townships. And render the same for sale as aforesaid, at should the expenses of the schools be his option; and in all rases when the less than the interest as aforesaid, the said lands may have been leased in an overplus only of such interest shall be.

illegal iorm, ana ine itase inereDy voio, it shall be at the option of the trusters to confirm said lease, or to pay said lessee for his improvements made thereon. Sec. 8. The several township clerks in the county of Dearborn shall before they enter upon the duties of theiroffice. give bond and security in the sum of four thousand dollars by two or more re sponsible freeholders, conditioned fori the faithful performance of the dn-i ties by tins act required ; which bond shall be made payable to the trustees of the proper township, and be a lein upon the real estate of the obligors, and have the like force and eifcet of judgments' rende red by the circuit court. The

clerks shall keep a fair record of all theille shall loan al! the money received as

township meetings, ot the proceeding,1 acts and orders of me trustees in a book to he furnished by the township for that purpose; and all notes, bonds, and mort gages taken for any monies due the township, shall be in the name of the township clerks and their successors, by the direction and order of trustees; and all certificates of the purchasers of the lauds aforesaid, shall be siened by the clerk specifying therein that it is by the order of the proper township. Sec. 0. The trustees shall within thirty days after their election aforesaid, or as soon thereafter as may be, divide their respective townships into proper school districts in numerical order, which shall not be less than four (unless it be a fractional township,) and rrmy from time to time alter and change, such districts, whenever the interest and convenience of the citizens shall require it. They shall in the rnrmth of September cause an enumeration to be made of all Ukpersons within the township, between the ages of four and twenty-one years, and cause the same to be recorded in the township book, particularly specifying the number iu each district separately

- and the township clerk shall within twen-

ty days after the enumeration shall have been so made,deliver a true copy there of to the treasurer of said county, which ft ft . m. . shall be sworn to by such clerk. Sec. 10. The electors of the severa districts may meet in their respective districts at any lime after the division of the townships as aforesaid, on the ap plication of three or more freeholders be ing residents of the district, which application shall oe made in writing, and posted up in three of the most public places in the district, particularly speci tying the tirm and place of such meet irg. The electors of the districts, shal when met agreeable to such notice, proceed to elect three trustees and one clerk; which election 6hatl be conducted in the same manner as is by law for the election of township and county officers They may determine by vote the site for er they will have a school, and for wha length of time. The trustees and clerk shall hold their office for one year, and until their successors shall be chosen and qualified, and 8lmll severally take an oath faithfully to perform the duties by this ect enjoined upon them. The several school districts after beiner oreanized in manner aforesaid, shall be conUtituted bodies corporate and politic, and have and possess all the nehts and privileges of a corporation, in like mannor with the townships aforesaid. The district clerk shall keep a fair record of all proceedings, acts and orders cf the trustees, and shall annually in the month of September, take an enumera ion of all the persons within his dis trict, between the ages of four, and twentv-one vcars, and record the same in a book to be kept for that purpose, furnished at the expense of the district, and likewise deliver a certified copy thereof to the clerk of the township win (shall record the same in the record book of the township. The trustees shall have the superintendence of all the con cerns of the districts, in erecting school houses as by law directed; to emplov teachers, and dismiss them if necessary. Sec. 11, The clerks of the several towns-hips aforesaid shall pav to the tresisurer of said county, all monies which have been paid to them as part of the principal arising from the sale of such paid to the county treasurer. in? c lerk shall, so often as the bonds become due for the aforesaid fourth part of the principal, proceed to collect the same, or have them renewed, as the trustees shall direct, with like security as required in the first instance. Sec. 12. The county treasurer shall keep a record of all the returns made to him by the several township clerks wkhin said county, in a proper book to be kept for that purpose, and furnished at the expense of the county; and also upon an account current with each of the townships, particularly specifying what sums may have been received for inter est, and what for principal, separately. principal on a credit of five Years with interest, annunllv Daid in advance, the same to be secured by three, or more freeholders, as sureties: Provided, That the citi.ensof the township to whom the moftey is due, shall in all cases have the nreference over any other person, bonds to be taken for all such loans payable to the county treasurer; on winch bonds suit may he had and maintained on failure to pay the interest when due: Provided, That all monies loaned for the term of three years or more, and exceeding one hundred dollars, shall be further secured in addition to the sureties aforesaid, by mortgage on real es tate, and also loan the interest wlvn may be paid to him as aforesaid on a credit of one year with interest annually, secured in manner aforesaid, whenever the same shall not be required for the support of schools within the township to which the said interest shall be due. Sec. 13. The county treasurer shall pay annually on the first Mondays cf May and September ro the clerks of the several townships, all the monies due them agreeably to the provision of thU act,

on their producing the order of the trus-

tees or a majority of them,- of the Drc per townships, shall give bond and secr rity in the same manner he is now required by law to do, and subject to the same liabilities, in the penal sum of twenty thousand dollars, conditioned for the faithful execution of the duties by this act required. He shall devise the proper formof the certificate to be givea by the township clerks, to the parcha sers of the lands aforesaid; which certificates shall specify the land sold, the price thereof and the amount paid at the sale, or secured as aforesaid. He shall record all such certificates when presented by the purchaser, and as often as payments shall be made thereon, endorse the same on the bck thereof and return said certificate to the rightful owner All transfers of certificates shall be acknowledged before some person who is by law authorized to take acknowledgments Of deeds, and records by the treas urer, for which he shall receive from the person presenting the same, twelre and one half cents; and for all other ser vices, he shall be paid out of the county treasury of said county twelve and one half cents for every one hundred words recorded agreeably to the requirement of this act. Sec. 14. That whenever fulf pay ment shall be made for any tract of land., sold as aforesaid, the clerks shall exe cute aud deliver by the order of the trustees of the proper township,' a deed in fee simple to the original purchaser. his heirs or assigns; which deed shall be acknowledged and recorded in like man ner as other deeds, and have the same force and effect. Sec. 15. Be it farther enacted That the township trustees shall divide the money beloi ging to the township, among the several districts within their townships, agreeably to the enumeration of all the persons in each district respecttivejy, taken and recorded, as in this act directed, and pay the same to the seve ral district clerks to whom it may be due, on their producii g the order of the trustees of the proper districts: and also satisfactory evidence that there haa been a school kept in such district for at least three months in the same year such money may have become due: Pro' vided, That no part of the school fund by this act created shall be in any man ner appropriated bv any township, or school district except for the payment of teachers, unless the sum shall be suf ficient to support a school in each of the listricts within the township to which be same maybe oue; tor the term of ix months in each year. Sec. 16. Whenever the trustees of any township in said county, heretofore elected, may have leased the said reserv ed section, agreeably to the laus now in orce, such trustees, shall on demand de liver to the clerk of said township appointed and qualified as in this act directed, all the papers, bonds, notes or obligations,- or money in their hand, or in possession of their clerk, which may be due, or be in any manner connected with the interest of the township,- under th penallj of five hundred dollars, to be recovered by action of debt, before any court of competent jurisdiction, irl the name of the clerk of the township to which the pupers, bonds, notes or ohtign tions may belong or the money be due; and on the receipt of such houds, notes obligations or other securities for the payment of monies or rents due the township, the clerk shall have the power, and is hereby authorized, to sue for and collect the same, for the use of the proper township; which money so received and collected as afotesaid, shall be appro priated by the trustees of the proper township in the same manner, and by the same rules and regulations, as is in this act directed for soch part of the school fund as is yearly applicable for (he support of schools. This act to . take effect ard be irf force from and after its publication in the Indiana Palladium, a public news paper printed and published in Lawrenceburgh in said county of "Dearborn. JVicgcra Falls a crash. The LciV port Journal of the 1st instant says, that, on the Sunday evening previous!?, a surface of the rock, supposed to be' the size of half an acie, forming the bed of the river, broke loose1 and was precipitated into the immense chasm below. The informant of the Journal describes? the part fallen as having been w ithin the Horse Shoe nt that point representing the Toe C?rk. the crash was heard for several miles around, and the effects in the immediate vicinity restttbled ib& shock of an earthquake