Indiana Republican, Volume 4, Number 163, Madison, Jefferson County, 3 February 1820 — Page 1
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I ) 1m u, it WHERE LIBERTY DWELLS, THERE IS MY COUNTRY. vol. iv. MADiSON, INDIANA, THURSDAY, FEBRUARY. 3, 1S20. No. t6v
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. FTPLISMEY) BY LQI)GE fc ARIOX, EVERY TMrP.SDAT.
coxnrnoxs. The "REPUBLICAN'1' will 't? delivered at the office for two V!Urs per annum, paid in ad- , .je ; if paid within txvo months r...r subscribing, it will be consit?rrvcl in advance ; two dollars p.nd V cents if p;.i J within twelve rn'.hs ; and three dollars if nut 1 until the year expires. s0 piper will be discontinued ,e, aU arrearages are paid. '"?' cases a utbcribcr must . e n ,-re punctually at the eid ot ..-.-Ai" his intcnti, hi to cliscon- : cr lie va id he held t epotistf'f (,r another year; suVci iption. 1 : e rtnements not e ceeding a t-iire -.ihhc inserted dm times V'r 1 dollar; longer ones "m pro- . -r:.jn, a if the n ruber of in;.rt':.ns desired, are not specified, ,-r will he continued at the exe of the adverser until order'JVI i H -- to the F.ditnr-, i-t he o c t n ilfl. - .w..,-'; it-- ?-.,: av.f ,K'rs3.2 d p'j.vft-. i. e i.' tnccted hj O-r.-r-J Acm d cf the St. lie :j Jn- ' That in il enses wlien exetj;':?a s!nll issue, a gainst the ood, t-.jttcis, lands, tenements or li'..i't.vments of :vnr pcrsm 01 p rv -s, ( o.iv.unv, b ide cot noi at-, (r 7 lie; executor, executca's, adtnm--")T or a lmipisuatoi s, on any .;nent .w o ti r to U" rcndeitd in- t irt u iiuin t : I - :-; ; it i-luh-the dMv of the shevi'.l or c'jvr o:uccr, I dtitv it shall he to fKre.le tht v.:ne, to call an nquest ct live re-p-c. ihle fret h.vd rs, and t .t trs 1 i-f. sh ill 0:1 Mth or a;iirr.i :'.,) t u hr.in"H: d hv said c T; : . ; , ; :f j; ii to sa. i . lucr vuuLir aN an I a" ao csti-n tie a" ti. red v 1 ' c f ! t'r, 'uv, .a a v"j' there withi 1 t n d 1 vs -a'vr suc!i view ; ;rul the m:1 i-'livr ,t reeeivii sue h re1 11 '...'a l.i. 11 v ..! J -o.v ' CO.ih t!u- ci. rk rl t-.f ccuut, :.rjs jeh vvt ii '--u -d, or with tVaTutr n 'iv issued lac sa-n , and 'J. ue -.uYf; : uotiee to - e;'vu ol tir t :r I pla. e of sL'. mlh a" pao.'.ih .a- the $ ;me eia a 5 .s-.)-mer nar.t-'d withiu h'n eon acr bv advertising the s m til m pnhiie places -.w o-H:o iii which ich m-ir ai ! n dav Miei sale ; and if tuiv sale Uvl ,v anv iheri'd iiahvhhou: Tiotiee n.u iag .iven as tfiuvsa'.d. lite o ;ieer 'iir.g Muh s de h tU oe ti ihle to : -utioi of thi ief--da'.u or tie - ief, and of everv oiivr person jeiod ti-ere'x'e. :.i'. J, 'I hat pr.v-r: t .ken in execution, V.'i 1)'; ...hi t,,r les tit . teo--.-d of in- ref.'.r d valuu of the "ipf sf. Pr: "I hz-'.V: i.'-r, Tnat "-'i.ittv; in this act s!i til be so coa-v"-fd as to prevent the coHecti mi fl any sum of money, accord:-vg x ' t'K pre . al eistiug laws in litis ", wh the conttaet oa which U-ireaent or execution mav :)e -' '. ht.i Vo c been made ior sper 1 ofice nmnct , and whith -U!l hue I:-rn so txptessid hv t-Vworu "speci-e," or be the uords' ' 1 e 'nrH,, m such eonU J V 5 yi.-'t-J ,i!s s , That the e t! e levied oti hv the kherifi or "I'd: roiiiier, on anv executi. n 1 ' ;:.mi,i ,oy judgnvnt to be ohd i 1 .uiy lit the circuit or mir n Mi rt of this state, shdi be r! . - , if tb : dtft falant w ill enter ' ' 1 r. ; is vi 1 bom! with nu'dici. nt '' ,11 . i orite for the Uifieit M ' ! ;e, t'i!ervt and touts', in m t fr ,tti tin r jitlitiorj oi th ! , hii U b'iiii a ill he fdid
in the reXce whence the execution issued, and shall have the same force and effect as judgments now have in binding real property, and on which bond execution may issue after the same becomes due, as executions now issue on replevin bonds made payable in five months after the rendition ofjudgment, and the same proceedings may be had thereon, any thing tm the contrary in this act notw ithstanding. SVcI. Ana be it further cncrteJy Th'tt in case the gocas, chattels, lands, tenements or hereditaments, seized and taken in execution, shall not, on being exposed to sale, produce the amount of the debt, damages cc costs due thereon, it shall and may be lawful for the sheriff or other omcer by another writ, to seize and take anv other goods, chattels, laads, tenements, or heleditaments, and thereupon, without ajy vrit of venditioni exponas, to make public sale the reof, agreeable to the provisions of this act; and upon such sale, the sheriifor other o H cr hall make return thereof endorsed, or annexed to tue said l it of e:cr.jtion, nd five the b 1. v .1 deed duly ex cuteil and acknowledged for whal ie s-ild; out iti case tli-- rrop.rtv so ttu-a ie.exeeutitMi c a .aot !e sold f r two-third-of it appraii.-d v duaiien a afer:s i; i, then the o'Hcer shall make return up an the writ of execution tlx t he exposed Furh prop.v v'te to .:", aud the s.i ne rrniain-f-d up n his hands unsold f ar the wart oi huy which return ha!i nut uiik tnc sherid or other o.'ftc. r V: Ac to answer the tlebt or darn 1.; s contdnv d in sucli writ of cxtcuiin, but the wrii of mditioni exponas sk.H be issued at t'ne retpi st of the plalntiif, dir -cted to tiie pr op-r twicer, com nandinghiiu to proceed aain to advertise and expos-r to 'lie surii aods, eus, ljads, t.-nemcnu oi luredhu' ' .'.t as atiove directed: Ptovi.ie , That 'vhrt " . r - pet .son d propr i iv shall be ! v . .1 up 'U ami r.tb n d ior sale under :h roii of t!iis at, if it tl -5 not sell i.r two-thirds of tie :-p-d aia- t'u i'. wt, u iliall i.e I-.. lor the deieudaat t receiv 1 prer rt or e;ieng bond a?ul sC a'".", whivii shali be appro i of b" liie inucer w ho executes said nropet rv for tlie payment of aid tf ht, itiaTest and tost, w ithin vve .r uvea the iate of ihf return of mk!i executioa, villi'';! huad ihJl h 1 iiled in the oftice oi die ci-rk of the circuit court, or in ti e tl. e id the justice of the pe.ice, fro-n xv'i'u h nch execution iss.ud, 0:1 vhieii 'joud execution sli iii issu" as on replevin bonds in
other case, aad iw property taken m su.it t xec irian iauin;r on the tepi in band so ;ie n as aforesaid, vi id oe hedd to the highest bidder, for lite best price w hich can be obtained., for the s ame: Vrr.v., Nothing in this act shad be so construed at to utho; ise anv sheriifor other oiiict r, to whom any execution shall le directed to sell, real property for a less sum than two thirds of its appraised mine, to be ascertained ia the manner as prescribed in th? it e:tic a of tliis act. Sec. 3. A'lJ .ie it fit' rhrr enacted 'Hilt the defendant shth lnve the privilege of setting ap t t to the sherid or ith-r o iieer, w no m:i have an execution against him, or to the inquet, at the time of appraisement, such part of his real estate as mav be sulncient, and as near the value as may be, to s atisix such execution or executions, (if the whole i not neccs try) as he mav choose; Provic.'cJy the same be sufficient to discharge the execution or executions, and costs, agreeable to the provisions of the firtit section of this act: And it i further provided that the tainthf shall have the pririlege uf taking the ptoptity $.rt apart at two-thirds of it ' : ht ui ti in dtuhargc of h. ! n..: .1, or 511 h part there1A ;s he f hail thiiik proj.tr at
i.3 apprised val e, wnich shall tc endorsed on the execution, and the sheriff or other rdicer to whom the execution is directed, is hereby authorised and empowered to make a deed to the plaintitT, for the property so taken, in the same manner as if the property had been offered by the sherifFor other officer at public sale, and purchased by the plaintiff: Provided, no property shall be so taken Hv the plaintiff, unless the same has once hern offered at public sale,-agreeably to the foregoing prov isions of this act. Sec. 4 And be it further enacted When execution issues from a justice of the peace, and on return of such execuiion, it appears the property so executed, would not bring two-thirds ol its appraised value for want of huvers, there shall be a stiy of execution for one year from the tlate of the return of such execution: Provided the plaintift doea not choose to take the property at tvf o-thirds of its valuation, and security approved of by the justice being entered; but should the dcfendaat or defendants neglect or refuse to jdve seenritv for the star u is herein provided, then execution dull isvur, and the money be made thereon as provided in the act to which this is an amendment and in all cases previous to calling sm inquet by the shri!F or other officer, as is provided ia this act, such o'llcer shall give notice thereof to the plaintiff in inch execution, or his attorney, andeith.r party may except to three-persons summoned on such inquest with out she win 'j cause, an d to a , many mire as good and suilicicnt cau:e therefor can be shewn, anu the heing plaintitT or defendant in any judgment recovered in the Circuit Court on wdtich execution may be ishued, or is in the hand of the shentT, sltall he deemed good cause: Pi cc? .'r , that the olicer executing said 'il shall be allowed S'J cents 1 tr summoning an inquest as is provided in tliis law, s.ad each juror comprising such inqest, shall be entitled to recti ve twenty-five cvnta ior his services, to be paid as other costs. St'c. 5. An d he it further enacted) That all debts and sums of money due or that nufy become due, toanv bank, or branch theteof, by bond, note, bill, or otherwise, in this state, shall be subject to the provisious of this act, ane lavr, tisane, or custom, to the contrary notwithstanding. Provided akoy nothing in this act shall be so construed as to extend iu provisions to either Constables, Justices of the Peace, Sheriffs, Coroners, Clerks of Couats, County Treasuicrs. Collectors, Trustees, of pub lie Seminaries, or Lawyers, who hive collected or may hereafter collect any monies by virtue of their respective offices, either for individuals, bodies corporate, or for the state or county! but executions issuing against such ofiicers for monies collected by therm by virtue of their respective offices aforesaid, shall be governed in all respects by the act to which this is an amendment, anything in this act to the contrary notwithstanding. The second, third and fourth sections ot the act, to which this is an amendment be, and the same are hereby repealed. This act to take effect from and after its passage. W. DUNN, Speaker of the II. of Representatives. KATLIFF DOOX, Presidentof the Senate. Approved, Jan: 18th, 1820. J. JENNINGS.
List of Acts and Resolutions, passed at the late Ses$i$n of the Getvral Assemblj of this Stste. i An act to regulate marriages, and for other purposes.
2 An act to amend an act, entitled "An .ict regulating the duties of justices of the peace;" approved Jax S, iSiS. 3 An act for the relief of the securities of john Upham, dee'd. and for other purposes. 4 An act authorising the Board of County Commissioners of Knox county, to hold a special session. 5 An act to establish a permancntscat of justice for Owen county. 6 An act for the relief of the administratrix and administrators of Narhl. Scribner, dee'd. 7 An act to amend the ac6 entitled, "An act to incorporate the Jcffersonville Ohio Canal Company.' 8 An act to amend an act entitled, "An act more effectually to prevent Duelling.' 9 An act to authorise the printing and distributing the acts and journals of the present General Assembly. To An act creating the office, and defining the duties or Masters in Chancery. 1 1 An act for the benefit of the heirs of the late Andrew Fulton. 1 n An act defining seals to O" be adixed to instruments of w riting, and for ether purposes. 13 An act Amcnoatory to the act entitled :an act for the relief of the poor." 14 An act for the relief of Joieph W. I).ik. 15 An act appointing ComiTiisiouers to locate a site f:r the permanent seat of Government for Indiana. 16 An act regulating damagts on protested bills uf exchange. 17 An act for the relief of William Iloggut. 18 An act to amend an act entitled, "an act to provide fnr the cleciion of comity and township cllicei s." nj An act authorising the isstiinp" of writs of Habeas Cor-
pus. co An act for the benefit of the heirs of James Mart s dee'd. 21 An act to incorporate Madison Academy. 22 An act for the formation of a new county, out of the counties cf Clarke, Jciferson, Jennings, jackson and Washington. 23 An act to authorise the board of county commissioners of Perry county, to appropriate lot, No. 103, in the town of Rome, to and for the use of a public school house, and for other purposes. 24 An act to vacate Ferries, and for other purposes, 2; An act authorising the arrest and securing of fugitives from justice. c.6 An act supplemental to an act for the appointment of county surveyors. ij An act to incorporate the borough of Charlestown in the county of Clarke. Zo An act to prohibit the weiring of concealed weapons. 29 An act authorising the citizens of Monroe county and other counties therein named, to elect a president and trus-
tees for a county Librai y -nd for other purposes. 30 An act for the relief of persons imprisoned for the nonpayment of fines. 31 An act declaring ccrtnin streams therein named navigable. 32 An act for the formation of a new county, out of the? counties of Daviess and Dubois33 An act for the appointment of Trustees to rec ive deeds for Lots or Lands, given or purchased for the ns . of Schools or meeting houst 34 An act to amend an act -subjecting real ami persona) property to execution; apprtw ved 7th Jan. j 8 1 3. 35 An act to authorise jorl D. Thomasscm, to collect a. certain debt due the state. r() An act for the benefit oF ceriain lessees. 37 An act to amend the act enticed ' an act to establish cc regulate Ferrics.,, 3S An act fur the benefit of the heirs of David Rhoads, dee'd. 39 An act to organise a. Hoard of Physicians in the fourth judicial circuit of heState of Indiana, and for other pm poses. 40 An act divorcing John Rod from Ills late wile, Jane Reed. 41 An act extending rhc limits of the corporation of -he town of Risint- Sun, in Dearborn county. 42 An act to vacate a part cf the town ot Lanciville. 43 An Act to amend an act, entitled "an ait reiuiiatii. cstrays and water crafts going aduk." .44 An act to render the proceedings on writs ol m.mdamu and iiUurmation, in the nature id 4U0 warranto Uure speedy anu effectual. 45 An act to authorise tha adininibUators of R. M. Ileth, deceased, to seil rind convev a porti in of the estate of said deceased. 40 An act to amend an act conccraing proceedings in cjeetment, 47 An act for the relief of A. idhott, fueriir of Wyi;e county, and J. Gibson, of Clark county. 48 ati act for the limitation of criminal prosecutions. 49 ah act to establish the permanent northern boundary iine of Daviess county. 50 a.i act for the benefit c , Samuel Coleismith. 51 ab act to revive the act for the relief of persons v have, or may suffer by the . destrucdonof the records of fcnojc county, by lire. 52 An act for the ber iefit of the heiis ot the late .Viliiam Jones, dee'd. 53 An act sutb""? (le subscription of a ccc'utn number of shares to the capital stock ot the Jeffcrsonvii'ie t Jhio canal. 54 ah act 10 authorise the boundary hue of laik count V to tie nut veyctf . 55 ah act for takiin; hc enumcrauun or the wlme male inhabitants aWve the a-c of twenty one iX$ u