Indiana State Sentinel, Volume 2, Number 29, Indianapolis, Marion County, 10 January 1843 — Page 2

I NDI N STAT K SKNTI.N Kl I I 1 i ' LÜWII-iTt'liiä.

SENATE. i f . i -: v . .! . id hrfnfO tli ' 't t r . -, :!, : i 1 !.rrid t'. , I. The Pmi the lud t..r V i ti in 1 1 . .Mr Cerni id limir S ' ilt f r . i.. t Pri . y . rea ll I V f I 'II c tic j tl.at nti to morrow l.e I Im stsndUg tutss of tbe intu ( mrn i ! k . nti M -i !'iv . W. uii on i 1 1 -, In continue till the r v . hall ldelcl. 1 1 1 1 1 mm nnnTti mit, t r i r potil one from c.t sons relative t tbereverruo law, dec. i i-y Bj Mr. ) O Iff I i- I r , Mr. Ilfitflit, Ir.'in John IM iftn, r 1 ili o " l'i:" 0 I fUS sort! tted l.y the COQStrs linn i-l tin' Whits . . r .i -.1 ; ly Nr. Dosan,from i I rni f i M i n -.'v, preying for tin rri-tion of ii new county, uh rli w. rv severally referred. Agre nttly to previous, notice, Mr. Wr hl iWld I ' i hange tu statu! Ii rnl' of thfl HonCtO, hi M . iw in.- r muiitt'e on re. i -i "ii to report, atfr i'o mir iduci mi of petitione, and bei re going into i Htamittee of il. w h d" ; ngrw to. Tbe Mannte Iben reeolted Itnelf Into cowlltea if Hm w kola 1 i r1 ieion, Mr S'ritil'.rd hi tli chair. Mr K J 'I tnftrike out auction rcllie a the loaning of m nicy, and ifiirt ana in lion thereof, riarnij ail euotracti for the loaning of money r.t h gber rate of mterot than the law ttllu.a, ubau- , , i . ,y v Mid. Air. K' !o tli' u'it if there wore any portion of 'ho annMamnjity Wrnieb ahonld be atrictly urdel nnii by liw, it w i-i In .Ii irMr the broker, Mr. (iri ;;ory ad that he wia oppo-nl to the Meml tiMiil ; tint he sv.ih nut the friend of tbe brok r nnd aannoy ehinifor, but tint he n ;,, in-d to aiUwii'i iii" borrower ail tbe edventegee even illej;al contract, n Ii n bo was one of tlie pertiOi to Iba contract. Mr Mount waa nppoeod t the amendment. .Mr. Weal to agbt Iba remedy prupoeed, a bid one t that it would mil i t an injury npon tbe com him n i y , for money eoeJd not be borrowed at ix p. r i ni., tin-1 1 wt ii internet, .Men weoid not loan money nt tint rate. Mr. Kitcbey waa friendly le the amendment ; l bet people in bia eoonty bad ! foeed In lake money nt fi pot c'lit. ; 1 bot be bod no doubt it coiilil Im h id nt tii it, ami hu w um willing to n l hi feee ;t ilnal Iba nanrer, and preacriba his limit aa thin nmendmeni eontenapMtee Mr. Read opposed t he a me nd men t upon the groond that it gnee Iba borrowet tbe opportnnity of takipg advantage of an nmmspectiag leader ; ot travelling ;cr Urn country borrowing money, by apeeial eon n 1. 1, of innocenl persano, then lorn round, nhield I. mm If ander the lew, ami violate Ina contract to ih i injury ut hi en ditori and Ins owe bene At. He leered the re needy propeeed would be atoma thm tii evil ; eneoovngo rice rather lhan reetraia it. The dobetf ill continued at length, in which m -r-. Uolline, Kwing, Brtgbt, Pitcher and Kelan P'tri ici;atte ; a lo'ii Mr. Bright moved the loilowing amend men! le tin r. in.-ii .1 ii - ii r ; which was aceeptcil by toe mover i Add lift. t MfO u," ' Si fir a- to prOVCnl the lender from rrrovenny either principnl or mteroet from the borrower; but never! be leei the Btnta nf Indiana ahall have her ncfion ,-i i 1 1 . rt I Im (orrovv-r fut the nmonnl of any naorinoa oen by bim had. and iholl he entitled o recover of end from the borrower iho nmonnl by bim received end evuided hy virtue nf thin a t. Any and nil m -iiey.s recovered under the peovieioM of thin act, a bail be for the benefit of tie; eomeaoe chool fund in the county where the jadgmeill is rerevcred ; and it rhall be and is hereby annale the doty of tbo Proaecating Attorneys, in the aeveral nrcuita in this Stute, to Mtret out nnd proeeCttta Q judgment, oil eaoee orioiag ondec tili aet." I he o -lion being npon the amendment an ainonned, v;i- HMt ayes 21, noes 23. Tili- i .::i!i;t!i I 1...- t hole ll lVIP JnllC tblOOffh . tii ihn revieioo of the hill bolbre them, Mr. r gbt moved that the conimittee rieo VO port tiic moooalaoent to the Benntet ami aok its conenrtence tin rein ; agreed to. femnate atljonroed. Al l KnROOÜ i --ION. MUn os im: not e. To locate n road in Dttbvss eonniy ; passed to a seeon.l reading. A b ll ch in:: ng tlie time of boidiug cour.s in the c!cv. nth judicial circuit ; rule suspended, and b.ll peed a second time, mm mied, and passed .Mr. Bright sensed le snspnnd the rales anil tabs Crom the hies the bill mr districting the State ; car-r.-'.i i es 2 i. noes 1. On motion of Mr. Wright, the b.ll was referred lo the committee of the wii de. Mr. Wright moved lo suspend the rates in order to take up .Mr. Bradlevs bill for dividing tiie State into Congressional districts ; agreed to. Air. Ilerrimau moved that it be ret'-rred to the cosnmitteo of the whobr, srhieb carried. I he Senate '.oen resolved itself ioto committee of the winde on the bll Li lo divide tiie ."'tale into C011gresaiennl dietricte, .Mr. Tannobill in the chair. Mil nullilll'M HIM.. Mr Miller moved Usalriks the county uf Harrison from tin tir.-t district. Mr, Menu 1 iiotmi Mid lie vvoul 1 like to hear the gwotlensnno reasown, sf he had any, f r making this asotioo. Tbia distrid has net been changed ; :t re 111 tiuniL' just as it was under the toriner districting. Me w as sure he could not produce a o,,,i reason lor his motion. The bill as it is, is perhaps as jfooil as can he BSUSM Mr. .Miller aaid that ihe district, with Harrison eottntv. v ii 1,1 be aSuttl 0.4MMJ ton lar.-. : that it had no identity of interest; hence In motion to ae i tr. if r. Cornet! nrns very well suited with the bill, and therefore ?h u!d vote aainet tin amen liuent. .Mr. Pitcher r A as to tbe identity of interest, there is no ssicb thing ; there was no peculiar inte rcsU in Ihe district meuafe. m i e Mr. M l!er sa d he ventured that, had he Iks m nm to strike off Dringe, the gentlemen who had objected to this motion, would not have sa.tl a rd ; hat htnviu II irnson on. j ves tlie gentleai pel lical friends abnol llttO majority. It was pi i:u lo h s BS OOS tint gentlonaSU were looking oter the mi notninn. Cut oil' tint county and it eroutd at I II lie wh g; I tit he could tttbmit to tint. Mr. W i de said th it by adner ag t. II irr s n. tiie distr.i t wan not contiguous; bit by striking ;t t ll.il w. ui l be COmpset end render three or four other surrounding districts noerly a Munro. Ha should therefore support the moti m The nuestion was tiken ami lost Mr. E&aring si ived to strike from the first district t ie c. nnties of l'.ke and D itio s. Mr. Eving snd he aras satisfied that be this am position, continuity ol territory and common itttOfOSt WOOld he mined. Mr. H,.bto:i was opposed to the amendment. The ausesjdmeat w as lost. Mr. Mill r moved to add Knox, Davis, and M irti.i to t be first district. M.-. Wright m ived to amen 1 the amendment by k 1 . sa m s sm aT sin amg out lira;..'.-, i rawiora and llirr.son; i t Mr. Rend aid the .1 sUict would then be left I a rev r inn toe ratio auoneu. ue ;..t no peculiar inter i i m it. however. Mr. Collins opposed tire motion. Mr Purhes hoped Ihe propeeitioe would carry thai Jennings in j t be added to 3d district. .L .1 . . . II . I If i I .M.-. It est hoped Ins amendment would not ore i 4 a Mr. Wal pole would g for tlie enjondaeeat not v.- i it Hiding it opposed the interest of the gntlem0 from Mar.:. He h -d t.'e' i nijjes su jestd by the g ntlemin Dom l'iyette m gbt prevail. Mr. Bn ... J ni far ai his own let! ugs we e nUBcerned. be ild b ; will.ng to rtrike cut t ummey ot Jennings ; bathe had put it there, know nj it tube the Wi.di of h s constituents ; ho tle-rc-lore h ul I no ¬ ise toe am mdment . Mr. ti.vg .i p..iij at. icngtii in fik or o "t'ie a;. 1-ru-nt. The not. n then prev i 1 :. Mr. Moon! moved r, strike Franklin from Ihe :'i and snsert it in the Ith dietri t ; ad ipted. .Mr. v.af ie m iu'J to strike Madumu from t!. ? 4(h desfrict and add .: t the IrVb : agreed to. .Mr. tVal tie nio.ed to r.k. fTSrowu from i'.. f. -u d strict and a id it to Hie siat h. M.-. i: i ig ark -d why n.t r-n r.t Hancock nU rv

Kfiojl ; he w. u-I j it a so u r nn ' n d h'H'i t h it ( .: 'v n vv i Mrowa lb nigh there nr.; no ilt it II

up hero in Jin yet he tmujfbl enough ooofcYj Ii l -'.cd t i'f P 'rve " protons. mis in tli it r ii I if I it I , II i i . p i iho in t ii ! Ii ! it I.," i i -t ol-j i do amendment that I i i ; r I ,' 'd Iho mit ion, be aue it would destroy every th u: tike identity of .utere:, i Well Comp tctnes ( territory, I r . Weil o ! I . amendment. Ill Kitebr Mid IW riet wi illy Hliapoil . Hrithout trikinf oflT flrvwn j but ttlta that rnj aar til add t'i t ilci.rin tv. Mr VValptde inaisted onlhe iinportanoaof atrik ni irTII i 1 id bae been added nn making the Dittf it lir"1, a;il added, that with tbii track ojf, iha Dtatnet would til1 orerrun tbo ratin Mr. Dobent unoke in reply to the gentleman from II ii, l. . -1 ! i.: w ' tin; ' nilomea bad t"!' ii be area lookinf to tuiri', utol thought 1 1 . ff hl n ( .nut in oirt l-r ln coiir hi;r II-: li'-t nnki'd Hi to add on Madia hi, and then imp'orid u I triki If ll.own fir lh" H.itrict w t", rj'. Mr. Wrigbl niovd to -1 r . k nut lh' ."th I . -1 r i ct n ri) insert M arion, Hendricka, Morgan, Brown, II ir tbolomew, Job neon and rtbelby, aa iba Ifib Dietrict. The itn-ni ion b" n' on -inking out, waa lout. On motion nf Mr McCiangbey, the committee ro-e, reported progroof, und akod leave to ait again. Mentis adj .iirncd. Ilol i: or R F.MR KS F.N r n V Rt. Petition! were tios morning preaented by M 'aar. Moore nt o., nml Logon, lo aholiak Ine oflcfl e eoonty auditor, to I tbe poeple the power to ele f aooliector in each township i 'or the county hoard t appoint an ooaaeeot in eich lownehip, eke r' ferred lo Metern. Moore of .. Peak, Teria nml La van My Mr. l(-.h n-m, nf tjeorjje Markte, iboi ducket fees tiny bo nnpro-iriated in thfl payment 0 Htatedehti also, nf John Smith and othera, relativ! f i water power at the town nf Pittebnrgh. M Mr. Moore of I-., rvietive in the expediency ol aboliabing the olli' nf eoonty auditor. My Mr. Mrowu oi , r'-litive to n tow path from Pittsburgh to I'arrollton. Hy .Mr. Shoup, for a tax for coiiiuion M-hool piirposOO. My Mr. I'uppy. aevor.il p. til i in nil the ul'J"el of to ilnp bu.-ii.e-s. M Mr. S.vyh nt. of . I! Uhoif'.-ami ottn-rs. My Mr. Norvell, for the nwmationofe new eoonty ; referred to Messrs. Norvell, fiorman, r.itrn-k, Hargrove, and Neee. My Mr. Himoneon, of Ji St. Clair and othera, of Clark county, that but one eaecettoo may i-m; in a year on esiting debte, and in the collection of debt. t h matter, licit executions ismi--i-in I-ll ; which were severally referred to committeea, ll'hitt tr tit r soflry codni Mr Gorman, from the committee on eanala and internal improvements, made a detailed report on t be petition of sum! ry ci . ii- reeid ng at and below Brook v ille oa and near tbe lino of tbe liuo-le-d portion of the Whitewater canal, tint i lid p irtion of said canal may be taken back from the Company created at the last aeof ion, reported, that taking the lacti nf the case le be at stated hy tbe petitioners, they nee no g d rcai Q to riint their prayer. The committee in the course I of their report rem irk, in reference lo the payment ot five dollars on each sbaes ol stock so been bod tii it it is umlor.-t" mI to he a welt SOtabliahod principle in law, thai a n ileufh nid, when ttMi.ieieil ami received ill p.iymcut of a debt, i- a o .nl p-iy in nt. H id tins peyment been made in rHate acrip, or Hank notee, the petitioners would doubtless base called it Tonil, niid the coosmittee !ol not sec, why mite of hand drawn upon responsible business men. farmers and mechanics, should not be deemed equal ly good, especially when the charter is silent on the subject.1 The report concludes M fbltowai "Brrlorn dismissing tbis snbjeet, the committee would lurth;r remark, that the torronder, hy the State, of the ttnfioiabed portion nf this canal t a company, fur a Inn ted period, vu the consideration the State given, to indoce Iba inveatment of private capital, for the completion of tins work, which w is a tax open the State; and much u! winch, in its unfinished condition, was last going tn destruction; Without which surrender, the Stock would not bave been taken, nur caa ihn canal be completed. Alter some delay nml much exertion, the committee are infoCasPo, that the requisite ana nnt of Stock Ins keen taken under the charter. Incomplete the canal, north from Bnmkville, its present termination, lo the national mad ; that tins baa been taken generally, in small some, nnd alost exclusively by some fourteen or fifteen huu'red responsible cititene ornnr own State, residing " the vicinity ol the unfinished portion of the work; mat tue company nas teen regularly and fully or it 1 n 7 'd nnd iiunn iflir' iv t nt' tint l'...i lil...l ;., I... ::i re of the Secretary ii' State, by the President of tbe Company the fsevernor did, in Ingest last, make proclamation nf a transfer of the unfinished portion of tie- canal to the company, agreeably t tlw charter. That the company have been, for some months, and arc now vigorously prosecuting the w.t!;,. and have alreary expended and had work done, to the amount of near gSOyttM and that the prospect is auspicious fir the speedy Completion of the work, if no obstacles be interposed by local interest .and jealousies. "The committee therefore are of opinion, thit il the State was prepared tn refund to the company as she would be b SJttd to do the larjje amount bf them already expended, it Would be a mistaken pol ,c l" grant the prayer of the petitioners, and thtti irres' a great enterpris and so tliey ask tobouischarged. The committee were discharged. .Mr. Moore of o., rep rted a lull providing that no ; mber voluntary abnenting himself from ins seat. daring ihe session, shill receive pay ; read and p issed to second . eadiug Mr. II His. from th.- r tn-n ttcc on Indianapolis BtTair?, reported against the expediency of selling the Uovernor'ej Circle and budding thereon ; concurred in. Mr. Brown of M.. from the judiciary committee, rep Ttcd, that a provisi m ha- been inserted is the rovieion. providing tor las election nf nil egfeers hy Ihe Legislature by joint vise r rc vote, in the place of the present syistem, with the exception of those provided tor in the Constitution. .vir Uro .vn ot M ., from the judiciary committee, reported against the expedience of abolishing eapii-- "iisoment ; C "'trreii in. lr. Hivis of S.f rcporteu sjfnst the expedient Ot legislating OU the sul ject ef u. ikntg it a pen il of. vemct for any peraon In sell barrel silt, except by Lick are i etil ; concurred in. .Mr. H'lieou rep rted a t ill reducing the expenses id tiie everal counties, and providing lor summ ining grand und potit jurore, mm directed by the llooso: m iknig it tue duty of Sner.ff, ,,r (.'or oners to scl.vf j irors, instead ef C unty board, SCC. The question now being nn its passa.'. Mr. Iluii in wed to recom n.t, w.th instructions to ttnke out Jcmiiii gs county. Discuss on arising thereon, Mr. Shoup moved to liy the bill upon the tabic; which motion prevailed, ayes I-, noes 43. .Mr. .Myers prescn'ed n petition on the aubjJOel of toils on tue Vincennes road; referred to .lr-.-rs Myers, Mc....! . nta, Lingle, Leslie and Moore of i dills i n rnOMM rn. M ils were presMited by Mr. Huckaby, relative to the i'erry county Seminary ; parsed to a second reading. My Mr. Meeker, making bank ecnp r - ceivable for Wabash and Krie cmil lands : nassed to a second rcidmg. My .Mr fShe by, for the r- z latien uf tiie grave yard al Lafayette ; read twice, aud ordered to be engrossed. cosnnaseiosaa niSTnicm. The Houee sgaie proceeded to the consideration of the bill d. v. ding iae .sl4lc nto fjoogreseienal Ü.atr.cts. Mr. f . mqwou now moved to strikeout Rush and insert Union; wtncli nsUtkm was decided in tiie negative, -yes I'd, noes C9. Mr. Myers moved to reconsider t'ie vote on yes I -rday. sf king L'u jn out .-f the third district and usjcrt ng li.i.-.i; wo.c.i v as decided in tlie ne'Uive. aj ea 4t. noes IS. As mitters OOW Stand the canity ofUuinU is not pr.'. id. 1 for in my i strict. Mr. Parkt r m ved toneacn !, aa t'-.at the counties af Decatur, 8uelbf , Hancock. Henry and Madison, s' c .,t.t..-.e tue faiiriit District -Wayne and rsyette not at nil arnenied l' r; which motion d I not pros tit, aje 17. noes QQ Mr. Jae -.si .i moved to strike out the b.l! fr :n tJe enacting ciiu., and uieertaoow bUrthroughottt.aaj 1 l1 Vanderburgh, Warrick, .vender. PerD iboi Pi! ' an ! ; hi m.

2. Harrison, Washington, Floyd, Clark Scott Jefferson and Jennings. :1 ' T.; :i ATi I Jsnnines. a. Deeatur, fl rl in !, Dei room, Ripley, Krankt ia an I lln 1. Peeeu . r i 10 V ii M ind ilpbi Del iwaro t I II -nry. " Madison, Hamilton lleneock, Marion, Shelby, Johnson, Itartboleeaew and Brown. i! Ju Ii" in, 1. 1 wrenee, M i r - . i : i.u , I) ivieea, Kn x. (irtn, Ureen mi l HuliivM, 7. ' . Putntfn. Park. ernulliun, Utndfickf, M irg m and CUv. h K.'uut uu, Jlontgouirry , Tijijieni e, Warren, C inton an I If on". U. tJarrd. Hanton, Jaiper, Winte, t'oltoii. M irInll, I'ul i ki, St:itie, sit. J ,!! , l.ij rte, I rter, Lake and Cm . n, Rlkhart, Koeeineko, WTabaab, Orant, Ja? , lllackfiird. Adam, Welle. Ilnntinaton, Miami. AIIan, Wnith y, Noble, Dj K lib, Steuben, l.ijrange mil l(ieiiarlville. A point of order belnj raieed it waa decided tbal rienda nt the t ili had l..e r.ifht Ii: I to perlet I the li.ll. Mr. Bich now moved 10 cr consider the vote on -tiikinj out flush and inserting Union i which me lion prova led, ayes IT. noes 1 . .Mr. M.-rs now inored tint the 11 moa l j urn ; a .m il m m 1 1 1 il d n prevail, ayes :t I , n am HI The quest ma tmw recurring i u striking not Roah ami inserting Union, being in effoci to insert Union in iii ; tVsyns I), Irict, instead if Rush; Mr. Btmonsou moved to adjmrn which motion in carried in Iba aArmatire, ayes' 47, nuoa l'. So tbe House took its umiiI reeeee. 9 ov;. tk, P. M. the lliiiiso now proceeded, in committee of the whole uii tue revision, to ihe considetstion of tie chapter entitled 'mii the funda, revanee, expend itun? ami profmrty of the Suite, und th ; admimatra ' I . I...... VI III III ll. Mr. Edwarde m the chair. The e'erk bad proceeded to thai part which sp die of i Fund i' mmieiooer whan Mr. Clements moved to strike ont "Pond Com i missioner." Mr. Dunn, i ne of the rer rare, sa d, tint ihepow ri now it'tuclod In the person known in our tltateeoa ''State Agent1 would belong to the office I known as Fund Commissioner m the revision. Tu term "Fund C m missioner,1 be acknowledged, had become romewhat odious, but the reviser.- consider ed it more applicable to the duties to be performed man that of St ite tr.-iit. .Mr. Robinson mid, tbe term Pond Commissioner had been obht rated from our statute book, at the last session, and he was in fevot of striking it ml hi-re, ami inserting Suite Agi nt. Mr. Henley saui th term " Pond lemmisaioner1 waa particularly odtoua to bim. It had beenetriek en from nnr etatotei I it-1 w inter, nml be wee troll sorry Int it bad ever existed ia Indiana for by it ..nr om-e thrivioe? State bad been ruined. Doctor Coe and Milton Stapp hod been Fund Commission ere that wee enough fbr biml r'nnd Commissioner wns then stricken out b unanimous const nt, ind State Agent inserted. Th. committee rose, w ith leave to nt again ; 1 and the House adj mrned. SENA I F. I n! lanav, Jan. ."1. nnwnn hu For the catablishmcnt of a r ad in Sullivan ond Vigo county ; passed to a secoiitl readmif. .Mr. Wright, from the committee on revision, reported a hill concerning courts and other oliicers sod actum-ami proceedings in civil caeee ; In I read twice by its title and referred lo the committee on reVI.- loll. The Senate look up the hill reported by the coin mitten of the winde on revision and concurred in tiie amendments m ule by the eomm ttee. The lull waH then ametid"d, so as tu make the leaving nl OUOS bed an.l board, by one of tin.' parties, a good cause of divorce ; 'Hid hy the adopt ion of the amend em ofiored yesterday, in committee of the w hole, by Mr Kelso, relative i the collection of money waned nt urate of interest greater lhan that pro scribed hy law ; after debuting oilier amendments proposed by Hettatorcj tiie Senate adjourned. 1 1 es soon anaeton. t :i motion of Mr. Harris, the rules were pupendad, to hear reports from committeee BPOS rs iK COMMITTEKO. Mr. Coraett, from the committee on the judiciary, to whom bad been referred a resolut urn relative to giving additional stay of execution when Treasury notes are refused in payment of the debt, reported that it was inexpedient to legislate on that subject ; concurred in ayes 24, BOOS lL Mr. Aker, from the committee on the judiciary, reported back a t .11 relative to extending the ro.nl tax to ppeeul itors, .and recommended it-passage. Mr. Mount moved to amend n as to levy a per eeutuge on town lots, dec,, equivalent to that levied mi laud ; carried. !-o, allowing road tax to be worked nut at seventy five cents per day : carried. The bill and amendments were ordered to be eng ' F -ed. .Mr. Kelso from the judicisry committee, reported adversely to the resolution relative to changes of practice in chancery. Mr. Uregory moved that the resolution be recommitted to a sei et committee ; ajroed to. Mr Kelso reported a b 11 to amend acts now in force, regulating practice in suits at law, passeJ to a second reading. Mr. Ewing, from tiie committee on federal relations, ashing to be discharged from tin.- consideration of tin' subj i t of making State Scrip receivable , II I .1 u . . . it canal inn:.-; me rnate navinir ieculeii u;n that auhject, concurred m. Also, upon tin; several parts of the liovernor! message winch had been re ferred to them. Thereport w as lengthy, ami dosed by recommending trie adoption of sundry resolutions ef introctkms; lud on the tuiile, an i BOO copies ordered to be printed. Mr. Oornett reported a bill for the relief of the Wabash manual labor college and institute : passed to a second reading. Mr. Sands, from the committee on education, reported adversely to a petition of citizens of fountain eoonty ; concurred in. Mr. K ! o reported a bill authorising school comim!c ; -"or, to sue tiieir predecessors for any moneys. Ace b"i oi" i. ' to Ihe echuol fund, yet remaining in Ins bands. .Mr. Ritcbey reported tint it would be inexpedient .T county I rcasurers to psy over any moneys . otleetud f.-r c unty or State purp ses, to the Jurpoeea of schools; concurred in. Mr. Harria reported a bill prescribing eertain duties o ag'-nts or COflBSSisaionerS on p-ihlic works ; rend first time, .Mr. Collins rep rfed a I ill to rscate the town of Clarksvill, t.'larke county i passed to a second reading. Mr. tVutts reported a hill to exempt sheen nnd wo 1 from tax ni n : nassed to a second rad-n r. Sundry other ! cal matters were reported upon. . . ki eon i oi m i.i t i conniTTEEs Mr. Read r ported a b II autborii t g -i subscription fir ten cop es . f Dilions History uf Indians ; passed t a sec. nd reading Mr. Hhanks reported a bill of the II so relative to the fale of saline lan1 in Orange. Washington ami Brown countiee with an amendment, striking "tit ail after tin; enacting clause, ami insert. ne a substitute ; concurred in. Mr I) ibson moved to reconsider the vote concurrinu in t!i r (port ; agreed to. Mr. Kol, i moved to recommit the bill to a select comm. ttee; which prevailed.

9, 1 1 a r r i ,

Mr. Bwing offered a resolution instructing thefalCtu'n af Won. rdamuul Mall, in tue lo

judiciary committee to impure into the expediency ol prohibiting by law, too teeoo nf nny civil process for dootl contra ted .after the publication of the act allowing ippeals from Justieeee judgments, upon -11 casee of debt upon p.cas orifftnally tiled, without payment m ctsts ; and exempting from execution, t i curb, one hundred dulUrs worth of property : adopted. Hundry other 1 'cal matters were epptfeteiy die po.-ed aC .Mr. f'"rnett , agreeably to previOUl notion, ofTered a resolution to cinmgc tiie rules ef the Senate. Senate adjourned HOUSE OF ItEPRESENTATIVBS. Tt ' m .'.ere pre- i by Mr. Marvin, of Da rid Mattock, commiesioner of I per cent, ef Hen iri. ks i t u:;'y ; referred .ir. Mjrere, j:i tbe fubi t select committee My t of VineeHnes rood near I Ibany road ; referred. By Mr. Brown of.M., I

tii i II n. i: I llttntitr, deetattd i rtferred

to committee on public expenditures. Mr. Bradley, from the committee on education, to winch I he Miljict wnn referred petit oaofthe Webeoll Cntleg mule an int'Teatin n-port on tn condition of the inatittN on, cteinpliod hy ajnint rei dution, providiof f r the rom i on o( the inti ri?t on loan ofjf ntn tr.m the Mnk.nt; find. .Mr Norrell diaeented from Iba report aribing merely to aaapend tbe j lymcnt of interest, until the J. la loll due. lie then lore moved to Say it nput the table. Tin; minority f the eoiwlttee inada an adeerea report, mi the irniiiii.1 tint hu m a rein-l would be unprecdented and injtjriooa to Iba tatereele of rn monaehoela. Mr. tt'inum, from t lies com.'n t!v' on final and internal Imnroeenienta repotted kill relinejeiabing lotM Madiaon and Indianapotii Ul Knad t'oni,riny, Iba tabbed portion of :.nl road, in peree nice of t'ie piuvcr of the pet itmn pffcnted a few dayeaincei read tariee and laid npon tbe table Mr. Koolka reported a bill to locate a State road in tin' c 'unty ot W ay n ; , t.vic: re id and I nd OpoO the table. Mr. U.i i proof ntod a petii n from rontroeton on tbe M idi u ami Indiaoap dii Mail Bead c mp i uy ; referred ki ioi.t i tone, Mr. Meeker offered a resolution, providing fbr t !i election ol' Mink I) rectors, u:i Saturday (the te r-mcurrinf .J Adopted Mr. Strati 'it here Inserted Ins preamble ami re I solution, a notice of which is given in soother put j of the paper. 2 o'cmm k. P, M. Mr. Mru'lloy introdu. ei! n bill sulj-etiler to t vcut ion equitabla iotereeti ami choose in action tn the payment ol !-hts ; passed to n second reading. be Speaker laid before the House, a c onmuni-enti-ii from the treasurer of State, as to the amount l Munk scrip in the treasury -the treasurer staton that Iber.' is 1I no o Hank scrip in the Ircasury received, with a mi ill eseeption, ir on the Mtuk. far dividends on the linking fund, dec s N ferred to the committee of wave nml means. Pbe toll for tliH relief of . -ra Sojtherlind w.is read n second time ; when Mr Norvell moved to lay upon the table; which mot ion d itl not proi ad. Mi .Moore of U.( moved to refer to thee inmittec on chum-' ; lo t. Before further proceedingei The House adjourned, SFNATK. Fainav, dan. t', 1-13. Mr. Reed moved to suspend the ordere of busi ness and lake f rom the Ilea a Treasury notes ; agreed lo. h.ll in relation 1 The question u ns upon recommitting, with in troetione to make canal Isnd scrip, west of Tippecanoe, receivable for canal lands east of TippeIcenorivers mid for principe and interest that is now nno, or nereaiter may oecmne nue, in tm same was that land certificatce, issued on suul lands east of said nver, uro receivable Mr. Gregory said, in support of the amendment, that Ihe State would not be the loser by making there hides race i Table ; that it would create an nhsi rb- nt lor the n des, raise the price ot the lands, and enable the State to Complete the Work. Mr. Wright said the Contractors on that work had contracted with the view of receiving those notes at about fifty per cent. and to adopt thin amend ment would be in effect, legislating that much into their pockets. He could not concent to it. Mr. I tin-1 1 moved to amend M hy completing SO much of the cnnal west of Lafayette, US is now under contract1 .Mr. Stanford moved to amend so that the interest only bo school, college and saline funds shall be receiveable in acrip. Mr. We.t called for the prestsus question, which was seconded by the Senate. Tbemuestion being shall the main question be now put. was deeded in the affirmative ayes noes J"J Tim qm stioti, shall the amendments be engrossed atid tiie bill read a third tune, now resulted ayes 3D, lines IS. So the lull was read a third time. Mr. Morgan moved to recommit the b ll, with instructions to str.ke nut all that part nf the bill tint makes Treasury notes receivable for school and county funds. Mr. Dobson called for a division nf the question. S n ators thought a division of the question was not i ii order. I he President tlecided oiherwisc. .Mr Harris said he would appeal from tlie decision of the "hair. Mr. Dobson Withdrew his call for a division. Mr. Cornet! moved to lay the bill and instructions oii tbe table; lost ayes 13, noes 30. Mr. Kelso m wed to lay the bill on fhe table until the &tth of January. Tii- President decided it out of order. Mr. Kelso insisted on his motion. Mr McGaugbey called for the previous question. Mr. II uns demanded the ayes and noe6 ayes 32, noes lo. Th" quest: n then being shall the main question be now put ? carried ayes 33, noes I I. The question then recurred upon the final passage of the b II. While proceeding with the call. Messrs. Cornett ami Gregory asked leave to explain the reason of their rotes : hut the Cbuir decided it out of order. The b II then pissed, as follows: kvss Messrs Aker. kbvxandor, Bright, Borke, (.'irr nf Ii.. Collins, Davis, Uefrees, Duxan, Farmer. Uregory, Het field, Hodge, Hoover, Kennedy, Me mgbey, Miller, Mount, Odell, Parker, Marks, Mennini'tiiti, riTcin-r. iteeve, rtitcney, ananaa, ninciear, ii. II it. i a i m i Stanford, rannebill, Walpole, and ve-t :i. Not s Messrs. Bradley, Duell, Collen, Cornett, Cotton, Dobson, Everts, Herns, Herriman, Kelso, M Satt, Morgan, Hands, Watte and IV right lö. Mr. (ire gory then moved a reconsideration of the vote, and was proceeding to make some remarks ; oben Tue Pres ! nt decided that the tpir'ftion was nnt susceptible of debate. Mr. Gregory appealed from the decision of the Cbair. After Fotne debate on the point of or.ler. Tbe Chair raid, though he Ind one of the bos" -i....r ers in the State to Sustain him, he l''" c would reverse his decision .Mr. Kitcbey moved to lay the ra eJon fr reccn ?. ! -rit.oi on the table - carried ayes 'Si, noes 21 The debate wan continued at tome length amid a vre st deal ofconfueion; the minority complaining tint they had been gagged, ami were unwilling to rest under it; and the majority contending that tiie mer ts of the b 11 bed been previously discussed, in tue r length and bresdtb ; then, by common con sent, Senators were permitted to set the.ne.ver right hefore tbo country, no question be. ng before tue isenate. ...... .vir. i .lima ovod that the rules of the Senate be dispensed with, in order for the introduction of the following preamble and resolutions ; which was agreed to : WuchSao, In the d spensat on of an inscrutable Providence, it has pleased the ivtr of ail IJu d to visit Iba Hon. Smi i.i. Hall, 1. eutenent Uoverni r of tbis State, w.th a severe domestic bereavement, by takii g from bim and Iiis family h. excellent con sort, nhuse exemplary life and many virtu -s, his endeared her to .a numerous acquaintance, and shed lustre within her sphere, and given happiness to all an und her ; therefore be ,t unanimously RtMolttd, ffj the Sfnutf That the melancholy SS ol rns Wile, ts deeply reit hy the enate. Rewind, unMrssousry, That the sympathy of 'he Sen its be tendered turn and that the Senate' sincere condolence is hereby .assured him, in the d-ep!y emicling Oispensition :t has pleased Trovidenes t is t upon bim. II t-iltt d, KSOfftstensfp, That the Secretary ! the Senate be directed to communicate a copy ol the foregoing preamble and resulut.un to the lion. Samuel Hall. Senate atlj timed. HI DSC OF ttEPRE-SKN I A TIVB9. Pet I ns were this m rn ng presented by .Mr. llav..- '. S., of cit of Sun. van. to straighfen the boundary between Sal van and Knox . rcferrec to committee on booi.nnrtes. My Mr. Goodenow, for a bounty on ulk. I' Mr. C . '. for the re pcai f the preservatu n of sheep. By .Ir. llooreof . Ips, fur a divorce. My .Mr. Carter,

oT Phil Utminf. for pecial Uf. Mr. II i

h'y, of J.:m S. i .vt -r. M-iiin t.t i :. j!d "HO half of a one dollar t il on m IfldiaM tu li Dink at Richmtmdl, which the Caah - r raweoa lo realotm. and i'riyinf for f ifi oacwie of a laar on the PtJM ' I ly Mr. J met i . -renn h ! ! trrk on ih M d j ,1'. j.' i" HI 1 .i .i,, - Joluiimii.ol John t.ar - e, r' -ii nl 't'.r r .' 'w ' r I . p; . . i .ii H i I l.i ', and praying f r rel f My Mr at Indianapolia. II. Mr. H n of M-. "? z u j of tiio to a u ot Indianapolta fat ui, ah l aliment oi ; tbe corporation rd Mid town My Mr Mi o v. rnpecttng a St ite rmd in Lake c unty. My Wr, , Shoop, for the ippointaseol of a gam rnl mperinten dent of eomsnoo schools which wore icverally re ferred to appropriate committaae, I Mr. Jenen, rep rted a i li in m r, mo the Culumbttl bind of Music ins. My Mr. M arvtn, for the r- l ef ,( )n nl Matlock. My Mr. Brown l., aotborieing a subscription for the history nl Indiana, by Joke M. lol ai one copy for oaah county Library; and titty five eopiei fur I he S'ute .,!irarv . W inch were aeverslly rcid ami passed to a second reading. acnot.1 IHM, My Mr. Hut I r uf .. that the oemm ttee of ways nml means be instructed to amtert a bill te post pone lbs time ol county treasurers to mike then cttiemcM with the countf auditor, until the lstoi May, 1843; mil w th tlie S:iie I n-nur-r nut 1 May 2i, 1843, s i fai the i v nee of i id is cm g -i nod adopted. Mr Marsh, tbal the committee en canafw nml in ternal improvements be instructed to report a kill compelling persons interested with Iba letting ef water-power belonging to the State t advertise three months unJ receive written proposals, Jke. ; adopti d. .Mr. Bowers, as to the expediency of no amending ) I . i.. d.i.. r. ('..II...1 f'i i, . i , 1 1 1 1 1 lie ile ill.. I . ii ! II- w iiiwiu llll'l li'llin, ..tin, m nnlcil .,! ali. ns for then natural isation paners.and to snqnro into tbe expediency of reducing the same, und lo report, iVc. ; adopted. Mr. Wilson presented a joint resolution auth r .r t lie I if ii -ii ii r ttf Hlmtm i.i I r irl f , i r :t l.iin nil I ticteul to meet lbs current exue s 1 tbe fiscal 1 yi nr i providing for a loan, oU exceeding seventy thousend dollars at interest per annum , to report nt an early dny ; read und passed to a tee nd read ing, j Mr. Ne. s, tot the relief of Nathan ButtCrfield ; twine read and referred to committee on cnaale, I Mr. Carter. :i bill to extend the provisions nf the act tor the relief of settlers on the Wshaeb and Fr.e canal lande, epprovtd February 1840; peseed In second reading. I'm ami Slmrir$Rtductinm, Ar. On tnntion nfllr. I.,. vie. tlie hill re. Mil. tin" the fees and i-.il.ir-ite of certain ofnceri and person therein named, was taken from the table, mid, on motu n, ommitted to a coinuiittee o the vv hole House. .titer ' PlinL;,,f .ni.!rmhi time snd makins? n varietv ol intendments, m the feee of taftlcers, principally by reduem' them still ttiriher than is provided for in bl)J ihe committee rose, and asked leave to tit ;,., n On the motion of granting leare, it was decided ill the Mint ISO. Mr. ClemeuU Iben moved to recommit to the . . . . Coinmitt I an1 und incaiis. vvitli m.-tnii t. i.s i insen the lees as marlv equal as possible. Mr. Simonson moved lo amend the iuütructions,

bv striking not and inserting, that whenever the I wns n writ f foreign stl -no . aat issusS by a josclerk's lees of any county in this State, shall ex nee is favor of Hoagland against J, V P. N aalipatg ceetl one thousand dollars, such exces-si. all be. by iv Co. Judguteut kefurs th" justice in favor of such clerk, paid to the county treasurer of the conn- plaintiff by default. I eh ml ants appealed-OpfM arty in whmh ÜM same was acquired ; that whenever ed to the wit in the circuit court and submitted the

the fees ot any lointy treasurer shall exceed tbe ram of 8UU dollars, the excess bIiiII, in like man ner, he paid into ilu. county treasury. A division of the onestioa was called, when the House decided in fa vor ot committing the bill. Tbe question recurring on Mr. Aitnonsou s amend : ment, it was decided in the negative. .Mr. Thompson moved an amendment relative to ; fees for naturalization papers; which prevailed. when the quest. on Wai taken on Mr. I lementl instructions, as amended, and decided ia the negative. oaoaaa et i hi iv v. The House mw again proceeded to the consider ' alien of tbe lull fixing tbe congressional d Mricte the nuestion being on striking out Uurh from ih tourth, or Wayi.e district, and inserting Union; which motion prevailed, lyes 16, noes :'.). Mr. Tim lev moved that the vote mat taken be reconsidered i which motion prevailed, ..yes -I, noes 1 1. The question was then taken on the amendssent, sinking tun fftneh and inserting Union and decided in the affirmative, ayes n es 42. Mr. Ftiulke then moved to amend by Str kinJ nut Madison from the 4th district and insert Franklin. Mr. Shoup could see no reason why Franklin should be there was no affinity between llUuCl them. Mr. Foulke ffave as a reason, that th coiin' es rd Wayne aud Franklin wore in the White water country. Mr. Unrman said, that we now see the effect of making amendments to the bill. If we z re an inch, they will expect an eil. Tue Wayne ili-tnct has now got ITuioo, a democratic county they have swallowed op Icr. as the gentleman ir m Union, Mr. Osborn, feared, and u mt ibey want democrat Franblin to ssrallosr up her. He appealed to bis marin friend on tins nccas on. He was h !! to avow it. nherS h- saw the objecte of the gentlemen in t heir amendments. The amendment was lost, ayee 'JO. noes Mr. Roberts moved to strike ont Hendricks and insert Montgomery ; when, on motion, I he HuLise a- j i irncd. Hocus i i Iters., Jan 6th, Edttors: In the proceed i nee of 1843. I'-' '111 . II - .Iii . II ber 24th, ss pnblished in the Indiana Jonrnal, I find tbe following language, used in reference to a tii. offered by myself, m relation to the juristl ctinn nf justices of the peace in the county nf afnhnfon : I Ins hill," says the reporter of the J ernsl, 4 provides that the debtor must be sued in 'he township where he rcsidce, and on failure to give security, tie debtor nay b? impria med.1 On seeing Ihm, I called on the reporter, and demanded a correction ; which was forthwith written out. I am now in-form-d by bim that the Journal ha bitheri refused to publish e nd correction, thus proving, be s nd doubt, that no democrat need evpect fair stnteesent ot his legislative action from that c rrup! sheet. 1 he bill uffertd, lia.i nu rclcn ncc te .... :.sonment for debt, o.liier lir"H or i id renin. 1 . II KDIN. ' PoRTtJOCEan Joe.11 Cscnerul regret seems to be mnnifestefl in New Orleans for the mi larscholy Into ed this obscure intlividunl, who w.iburned at the recent tin- in Kxchangc Plnco. Ilt bod) wna found amid the ruins. The torm of the face ami hand- OOS Ti tUtaed, hut the reel was tittlv a mass ut rmd t No was interred J Nov. tin.' 30th, with muwore honors. Tne Ptoavune makes lum the ln-r t tin- billow mo ;iIJecdote : lie was captain of the mniotop OU hoard of Com. Mcl looough sliiji Sural ugn,nl the famous buttle tt' Lake Champlam, at the tunc that the American llug was allot from the mast. In the very heat of the action, when shot were (lying thick SS hail, ho stuck a hammer in his belt, u dozen nail- m hta pocket, tin- flag m his m luth, ami mounted t the masthead. All menus t fnstening the flag in any other manner had vanished long before in progress of the engagement. Joe polled the tlag to the topotsst, and descended .safely to the deck aiimi the enthusiastic tiiters ut his shipneati a. The exact ojbouhI of the mdehted neee of the States and TervrtorieO, according tu a table ir--par tl by the Secretary of that Treustirv, h $198,818,376 35. Up to the 15th ef tTamenoMth), December luring the pres. nt year, 5lt80 i emigrants uriived m New Vrk, :, J l returned I Kuropo, MoEl ll.l. IIXT.Snmucl Trow bridge, formerly a large mail eontrnctor ami a co partner nl Irink in 1 1 1 1 ti' t -, now iojoU in Arknosns, lanvhag been engaged in company with n noton us gang in counterfeiting, horse t aling, .Vc.

4M tke tapfM CMff.

November and December, 1842. From the Journal. Tyson v. the State Bank. Error to Tippecanoe circuit court. Opinion by Judge Sullivan. If a bill of exchange before maturity, be delivered to a bank for collection, and the bank be guilty of negligence in presenting the bill for payment, it is liable to the owner of the bill for all damages sustained by him in conscquence of such neglect. Judgment of circuit court reversed. Halsey v. Hazzard. Error to Decatur circuit court. Opinion by Judge Sullivan. 1st. When the clerk omits to endorse on a declaration the date it was filed, the court may order it to done nunc pro tunc. 2d. The holder of a note cannot sue upon it in his own name, unless it has been assigned to him. Judgment reversed. Jenners administrator v Oldham. Error to Tippecanoe circuit court. Opinion by Judge Dewey. A note is placed in the hands of an attorney for collection ; he brings suit and obtains judgment upon it. which remains unsatisfied of record. The judgment creditor sues the administrator of the attorney for money had and received, and produces the judgment debtor to prove that he had paid the money due by the judgment, to the attorney. Held, that the judgment debtor was an incompetent witness. Semb. A stranger to a record can give it in evidence against the successful party in a subsequent suit against himself for the same cause of action and thereby defeat the latter suit. Judgment reversed. White and another v. Guest. Error to Tippecanoe circuit court. Opinion by Judge Dewey. A declaration on a written instrument must either set it out in hoec verba or according to its legal effect. A declaration profess to give the legal effect of the general recognizance of special bail taken on the back of the writ, must give it the meaning pre- scribed by the statute, which is the same as that of a regular recognizance of special bail at common law A plea denying the right of the plaintiff to commence the action, but containing only matter having its origin since the institution of the suit is had on general demurrer. An exoniretur, entered on the motion of tbe bail, afier an action commenced against him, is good ground on which to dismiss the suit at the cost of the bail, but should not be pleaded in bar to the action. Judgment affirm-ed Bail is excused from the actual render of the principal, when the latter, if rendered, would be entitled to his immediate discharge from custody--and in such case the bail is entitled to an exconiretur in the same manner as if his principal had been rendered. The statute abolishing imprisonment for debt, gives the bail a right to such exconiretur. McCammet administrator v. Gray. McCammet as administrator of Fleming, filed a bill alleging that his intestate and Gray had been in partnership for about two years, commencing in 1816; that they then dissolved partnership, Gray agreeing to collect the debts and pay one half to the intestate, and that Gray collected certain claims without stating at what time the collections were made. Held, that the bill was bad on demurrer ; it was necessary to state the time such collections were made in order that it may appear with the claim arising from such collection, was barred by the statute of limitations, though it would not be necessary for the complainant to prove the exact day alleged. Judgment affirmed. Voorhoes & Co. vs. Hoagland. Error to Franklin circuit court. Opinion by Judge Blackford. This case. Judgment for the plaintiff. The first objection is that the attachment bond was insufficient. This objection came too late ; it should have been made before the defendants appeared to the action and entered it to trial on the merits. The next objection is, that publication of the pendency of the suit was not made before the justice : this, like the other comes too late. The last objection is, that it was proved on the trial that one of the defendants was a resident of the State at the commencement of the action. This objection would have been good if taken advantage of in time, by a plea in abatement ; it is now too late to urge it. Judgment affirmed. Miller et al. vs. Tipton et al. Error to the Cass circuit court. Opinion by J. Sullivan. Held, 1st. That an equitable interest in lands is a mortgageable interest. 2d. In suits in chancery, those only who have an interest in the object in the suit and whose rights may be affected by the relief prayed for, need be made parties. This was a bill to foreclose a mortgage held by certificate from the canal commissioners. Held, that it was unnecessary to make those commissioners parties. Decree affirmed. Jenners vs. Howard. Error to the Tippecanoe circuit court. Opinion by Judge Sullivan. Mental incapacity at the time of entering into a contract, produced by drunkenness or any other cause, is a good defence against the contract, whether it be evidenced by deed or paroll. Judgment reversed. Scott vs. Brokan. Appeal to the Knox circuit court. Opinion of Judge Dewey. Matter of law cannot be pleaded in bar of an action. A plea puis darrien continuance is a waiver of all previous pleas. The act abolishing imprisonment for debt, is good cause for the entry of record, of an exonirctr in behalf of the bail, in an action on the recognisance of bail pending at the time of the passage of the act. Judgment reversed, witn instructions to the court below to dismiss the cause at the cost of the defendant. Lewis vs. Master. Appeal from the Huntington circuit court. Opinion by J. Dewey. The defendant in an actionof replevin, commenced before a justice of the peace and appealed to the circuit court, may prove property in himself or a stranger, without pleading it. Judgment reversed. Wiley vs. Forsee. Error to Hendricks circuit court. Opinion by Judge Blackford. Scure facias in favor of Forsee to have execution against the real estate of Wiley on transcript from a justice's docket. Tbe record of the transcript in the order book of the clerk was without a seal attached to the certificate of the justice. Held, that as there was a seal to the certificate of the justice, the record might be amended -- the omission of it being a mere misprison of the clerk. Judgment affirmed. Prather & others vs. Lentz; assignee. Appeal from the Clark circuit court. Opinion by Judge Blackford. Action by assignee of a promissory note agains t the maker. Pleas, first. That the assignment was made for a usurious consideration. 2. Payment to the payee before notice of the assignment. 3d. Payment to the plaintiff. Held, that the payee was a competent witness for the defendant, to establish either of the first pleas, but not the last, on account of interest. His evidence should have been admitted to prove the first two issues, but not generally. Judgment reversed. Tuell vs. Wright et. al. Appeal from Jackson circuit court. Opinion by Judge Sullivan. Tuell sued Wright, Downing and Fislar in an action of Trespass, assault and battery and false imprisonment. The defendants severed pleading, each pleading general issue and a special plea : Wright pleaded that a certain heifer had been stolen from him, and that he had reason to believe that she was concealed upon the premises of one B. P. Tuell--that he made affidavit of the facts before the defendant Downing, a justice of the peace, and obtained a search warrant against B. P. Tuell &c. that the warrant was delivered to the defendant Fislar a constable, who searched the premises of the plaintiff, found the heifer, and arrested him, etc. Downing justified ti a similar plea, as a justice of the peace &c. Fislar justified under the warrant &c. Held: That the two first named pleas were bad on special demurrer as amounting to the general issue. If the proceeding of Wright was malicious, the plaintiff's remedy is an action on the case, and not in trepass. If done without malice, he had no cause of action. Held, also : That the demurrer to Fislar's plea was correctly sustained. He justified under a warrant against B. P. Tuell. It is settled law that in criminal proceedings the full name of the defendant must be given if known - if not known, there must be r . ' u n a .. i.! me t t V rs u. be c mrt iar. t., .a eqm as Ji o grai ... ,i , m trial as to 1) . a n ng n 1 lion that tiie piaintilT enter a md right. The Court ny that the .ni. id ; und gu ty - :" thu tre-pas-, t. t n:med the warrant, but because he advised and in the arrest ' I be pi i .:'. '1 be warrant -.j . aat ; '. T elf, but a : - Mt Ih P. Tnell. -. 1 1 im