Indiana State Sentinel, Volume 10, Number 41, Indianapolis, Marion County, 13 March 1851 — Page 5
INDIAN STATE
SENTINEL
INDIANAPOLIS, MARCH 13. 1831, LAWS OF INDIANA. by authority. A ACT rttatir to the purchase of 'noil, made by the Governor forth MM of the twnrt im the Statt Pit son , and for nthrr pnr h'iCTio 1. B it enacted by th General Assembly of tht Start of Indiana, That the purchase at book for tiie use of ibe convicts ii! J the Jtate Prison, made by hi Excellency. Joseph A. W rial. I. and referred to m his message of the 31sl December, I860, be ami th 1 amine is hereby ratified awl the turn of one hundred ami injl-M doiiar and fiftv-eighl Cent is hereby ar.propr.sted and allowed his t Kxc-Ucncy-oii account of saal parclia.se. Sec. 2. Tr.e book so purchased kDether with the books which now are or hereafter mav be fiiruihed by the lesee of the State Prison under lh requirement' of the existing law, shall constitute a library to be known as dal Stau Prison Library." and snail be placed Uni' er Ute supervision of the Warden of the Prison, whose duty it hall be m addition to those now imposed tipon him by law, to take good care of said books, bare the tame properly arranged in a plain boo case, and from lime to time lei out the tame without fee. to sucli convicts as shall desire to reail, nuder such general rates and regula lions as said Warden sliat! see proper to adopt Sc. 3, For the purpose of making l pubJie addition to ail Iibrary within the ensuing year, there Is hereby impropriated from the Treasury and made subject Is the order of the Governor the sum of fifty dollars, to be expended by lh.it otbeer in the purchase or sui table books to b added to sail library Sec. 4. Tai act shall take effect and be iu force from and after iu passage. K. DU MO ST. Speaker of the House of Representatives. JAS. H. LAKE, President of the Senate. Approved January 33, 10.11. JOSEPH A. WKIGHT. AN ACT to extend the time of holding Courts in the Eleventh Judicial Circuit. Sccno 1. Be it enacted by the General Assembly of tit Stat of Indiana, That hereafter the circuit court m the county of llainnton shall art twelve days, if Ihe business -thereof shall requre. The circuit court iu the county of Tiptou shall commence on tnc Monday next succeeding to circuit court in the county of Hamilton, and shall ait six days, if the business thereof shall require it. The circuit court in the county of erant shall commence on the monday next succeeding the circuit court in the county of Tipton, and shall sit twelve day s,if the business tbeaeof require it. The circuit court in the comity of Jar shall commence on the Monday next succeedun? the circuit conn iu ihe county of Grant, and ho I sit six days, if tiie business thereof shall require it. Ami the circuit court in the coauty of Blackford shall commence en the Monday next sucaeedmg the circuit Court in the county uf Jay, and shall sit six days if the bnsiues thereof shall require it. E. DlT MONT, Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Approved February 13, lf51. JOSEPH A. WRIGHT. AN ACT fo increase the pay of Profite Judge of the counties of Union, Fayette, Rusli, Hendricks, Sullivan, Mino, and Gibson. Sectio 1. Be it enacted by the General Assembly of the Slate of Iwlana, 1 hat Hie county commissionors ol the counties of I mon, Fayette, Rusn, Hendricks, Sullivan. Marion, mid Gibson are hereby authorized and empowered to par out of the county treasuries ol' said counties a per diem allowance not exceeding one dollar per day, to the probate judge of said counties, extra of tue per d.em pay. And that iu the county of Sullivan each term of the probate court shall extend and be contuiued for two weeks, if th husuiea thereof requ ire it. Sxc. 2. Tliis act to be iu force from and after its passage. E. Dl'MONT, Speaker of the Rouse of Representatives. J AS. H. LANE, Pesideut of the Senate Approved Januerr 23, 1851. JOSEPH A. WKIGHT AN ACT to repeal am act therein named. Stmon I. Pi it enacted by the Genual Asse-nbly of the &ate of Indiana, That au act entitled "an act to change tue time of hiding probate courts in Dearborn comity." passed at tin. last session of the Gene-al Assembly, be a:.d the same is hereby repealed. Sec i. All laws and parts of laws repealed by toe aforesaid recited act. are hereby resuscitated, and are iu foil force. Sxc. 3 This act to be m force from and after its passage. E. DC MONT, Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Appro-red January 23. 1&51. JOSEPH A. WKIGHT. AN ACT for ike relief of the owners of lands mortgaged to the Sinking; fund SECTI X t Be i' enacted by the General Assembly of the Suite of Indiana. Tn il where tiie land?- embrarrd iu any one mortgage to the siukmg fund are now or may hereafter be owned by two or more persons, in severally ana separate parcels, n snail he lawful lor the several couj.tv auditor Ol Uns -state, upou t ie annlieation any oi to app v i-i- .I.'- laif.ls moniH feii .i-aioresaid. ted freeholders, residents in the ueigaborie. whose duly it shall be, after having tadisebarge their duties, to proceed to apf all the owner, separately, und return Klitor from whom the v received itieir aphood in which ken au oath to praise the sevi said lands faithfully ral shires p.jintmeut : and upon the riling of a properly autht iitieaied copy of said appo.nuneul at the office of the sinking fund, in Indiana, it shall be lawful for the president and directors of the board having the managemetd of sutd fund, and they are hereby required to allow any one or more of t . owners of saü! lands to pay their share of sail mortgage in proportion to said a-ipraisemeut of said land-, mid when the interest or principal of any one or more of said shares shall have been so paid as aforesaid, am) any share or shares therein remain unpaid the delinquent share or shares shall first lie sold, to make up said delinquency. Sec. '2. Tne appraisers mentioned iu the first section of this act shall he allowed oue dollar per day each for their sen ices, and be paid by the person or persons applying for their appointment. Sec. 3 This art to lake effect and be in lorce from and after its passage and pab.ication E. DC MO NT, Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Approved February 14, 1M51. JOSEPH A. WRIGHT. AN ACT to repeal an art sVriag further time to assessors, app-ored January 15. 14-1. and all law contravening the provisions of section 2? of chapter 12 of th rented statutes of 1-4.J. StrTiow L Be it enacted by the General Assembly uf the State of Indiana, That :ui act giving further time to assessors, approved January 15. 1-M4. be and the same is hereby repealed. Sxc. 2. Ti.at all laws and parts of laws contra veil. 115 the provisions of section 23, chapter 12, article 3, part 1. of the revised statutes of 1:43, be and the same are hereby repealed, and said act is hereby Sec 3. This act shall take effect and be iu force from and after iu passage, and it shall be made the duty of the Secretary of ftate t forward a copy of Uiu act to the auditor of each county with as little delay as pc-.bie. E- DU MONT, Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Approred January 21, 1851. JOSEPH A. WRIGHT, AN ACT to amend section 27. chapter 7. of th revised statutes of 1343, so far as relates to the coun'y of Greene. Sectio 1. Be it enacted by th General AssemUy of the State of Indiana. That section 27, chapter, 7. of the revised statutes of 1843, be. and the same is amended so far as the county of Greene is concerned, as follows: Sec. 2 The board of county commissioners shall annually allow to the clerk of the circuit court, auditor, and sheriff of said" comity for then- extra services, any sum not exceeding fifiv dollars Sec. 3. This act shall take effect and be in force from and after its passage. e. Mr notn. Speaker of the House of Representatives. JAS. H, LANE, President of the Senate. Approved January 23, 1851, JOSEPH A. WRIGHT. AN ACT to repeal an act to amend th statute providing for taking a change of venue in criminal eases as fur as Allen county is concerned, approved January 18, 149. Sbctkm I Be it enacted by the General Assembly of the Slate of Indiana, Tnat the aforesaid act as far as Allen county is concerned, be, and the same i hereby repealed, and section 90 and 91. of chapter 54, of pan 4, of the revised statutes if 143, be revived and iu full fSrce so fur as the county of Alien is concerned. Sxc. 2. This act to take effect and be m force from and after iu -l"aaaie. E. DUMONT, Speaker of the House of Representatives. JAS. H. LANE, President of tbe Senate. Approved February 14, 185J. JOSEPH A. WRIGHT. AN ACT to repeal certain acts therein named and for other purposes im Allen county. Sectio! I , Beit enacted by the General Assembly of the State of Indiana. Tr.nt an act entitled "an act to restate tbe practice of law in the Allen circuit court, and for other purposes, approved January 15, IS44. and the 4tli section of an aci emitted an ac. relatiretn the Ml terra of the circuit court in tiie tweUih judicial circuit and for other purposes, approved December 23, 1b44. be. and the same is hereby repealed. Sac. 2. All laws suspended or repealed by the act ei titled an act U regulate the practice of law in the Allen circuit urt and for 1 1 her purposes, approved January 15. 16t4. be, and lie same are tereby revived, and declared in fail fjree in the said ounty of Allen "EC. 3 Tbe July term of the circuit court iu Allen county, tie, and the same is hereby abolished. Sac 4. This act to take effect and be in force from and sfteT iu passage, and being filed m the office of the clerk of the circuit coon of Allen county. E. DV MONT. Speaker of tbe House. of Representatives. JAS. H. LANK, President of the Senate. JOSEPH A. WR WRIS-HT. AN ACT drfining rkt potters of justices of the ptw in Mai ion rtmnty. Sectio-- I. B. it enacted b the General Ansemmbl of the Stale n
Indiana. Tnat whenever any justice of the peace ia Marion eoonty hall have reason lo believe, by information given to him. or etherwise, that sny criminal offence has been committed within east county coram? within the exclusive or concurrent jurwdict on of a justice of the of the pence, it shall be his doty to issue the proper process to compel the aitemtance and testimony of witnesses before him totHshirur the commission of snch offctiee. and of i shall appei-r from the testimony so elicited that any such offence shall have been cummined, such justice shall lake the amdarn oi one or more of said w.tneases and forth wi:h awoe bis warrant for the arrest of ii.e onVn. der. and trireupon fo proveed to trial and jndyment in the maimer now provided for by law. Hue. Tnat if any witness so brought liefore such justice, shall refuse to testify, or harms; tesufied and disrlosed the commission of any ratence as aforesaid shad refuse to make an affidavit thereof jf required so to do, by sack ins ice, sneh witness shall be liable lo the same penalties as for refusing to testify on the trial of a cause before a justice of the peace. Sic 3 All former proceeding of any justice of the peace of said -onniy. which have been ia accordare with the provisions of this act, are hereby legalized and declared lo be ratal. Sec 4 This act shall be in faxe from and alter iu passage. E. DUMONT. Speaker of the House of Representatives. JAS. H. LANE. President of the Senate. Approved February 14. W5I. JOSEPH A. WRIGHT.
AN ACT for tht relief of per torn who arc likely to suffer by the destruction of the record of Sullivan county. Whebeas, On or about the Seventh dar of February, 1850. the court house aiu) most of the record, book, aial paia-raappt rtamiiu' to the nriice of the clerk of the circuit an 1 probate court, audito.-. irc:eurer. awl school commissioner, hi id rem far loan ug the surplus revenue of Sullivan cotialy, were de -troy ed by nrc :
naeted by the General AssemUi i. parpose of perpetnatins; ruts. . il-r-4. decrees or other pro iiand, That i 'aiing to any jid i rctiit or probat ! le 1 Kl ,1 purp.w- 00 perpet patent, liced. n ly concerning of or relating to any i of Ii-, power nf attorney, will, i hi' wntinir of record iu the laaiks or eatroyed : aforesaid, or auy records. id coun'v. and destroyed as atbrcsaid, tUe latsinl of coirr- - of tend eOtnstv are hereby authorized and required to ap-rn-.iiis-ioner la receive evklaucc f and couccrnnts; any tiers aforesaid at the instance of any person who ma) ish point lo have stich tesJimsu.' perpetuated. Skc 4. The smm! commissioner previews lo enteriue Upon Ii s duties as such, shall rake an oath before some person author avd to administer oattlS, f.iiliifullv an I impi.rtiatl lo discharge bis dntv aeeonJIne to ihe provisions of thi act, and tbnll have power if he deem it necesary lo appoint a clerk, whose duty it shall I to keep a rtiir an 1 impartial rei-ord of all proceedings had before said commissioner, who shrill take the oath as above prcscnlied before en', ruif upon hisdnties as such clerk, anil if said commissioner sha'-i lecin die appointment of a clerk unnecessary he shall keep such re?nrd. Skc. 3 The said commissioner hall before prnccedin-; to diehnrge his duly a-- uch. give at leas) three weeks notice by puUication in a iiewstper printed and published, in saal couniyof Su'liear. .:" :oiy sne:i tiicre be, and u" not. in an adjoining connly. and . y palling up a written or printed notice, at the place of holding le--tiotis ill each lOWltslip ill aid count v. giving notice of the time and piace. in the town of Sullivan in sind couuty, wheu lie will proceed lo p. rform the duties required by this act. JSEC. 4. Saul commissioner shall proceed at tne time ana piaee speeified 111 I lo open an nold a court, to re called -the county," for Ihe trans action of the business I shall have paajrer lo adjourn from time fo necessary for the performance of his duties. relief court of Sh speeified iu this a time, as long as in aial is hereby inve effect (he imeutioi action of business invested w.ln alt the author. ty necessary to carry into nfion ofthu act. lo punish contempts during the Uas)i moss, to administer oaths, issue subprrnas. ami compel c of witnesses under the same penalties by which they 1 lo attend the circuit court, and Hie said commissioner the atten arc corn aial clerk shall receive such such compensation per day for Ibeir services, while necessarily employed in attending lotheir duties, as such commissioner and e'erk, as shall lie ordered by tbe board doing county business in saht county at the lime of appointing sawl commissioner anil if the said board shall think it expedient.it may from time in time alter ihr compensation of said commissioner, which sums, and alt expense of books, publication of notices, paper and stationery s ia I be paid out of the county treasury. Ana it is hereby made tbe duty of tha county auditor to audit said expense, aial issue his warrant on Ihe connly treasurer therefor. The parties concerned in any proceeding before said commissioner shall pay their own witnesses at the same rate that witnesses are paid for amending the circuit court. It i hereby made the duty of Ihe sheriff of said county to serve all process directed to him by said commissioner, or his clerk, for which he shall be paid the fees allowed by law. to lie paid by the party levmiriiur bis services : Provided, That parties may serve their own process in all cases. Six. 5. After having Riven notice as aforesaid, said commissioner shall, on motion of any person, iu person or by attorney, proceed lo cn'er of reord all proper evidences which may be odered, tending lo show tiie existence, amount, date, and all oilier fact relnting in, and explanatory of any judgment, decree, execution, sheriff's return, or.'er. or proceeeding of said circnil or pr .V? court, the record of whi-h may have been destroyed, as afo'.i !. And also all evk'encc which may be offered concerning of or , at-ng to any patents, deeds, loortnrai bills of sale, powers of ntmrncy. wills, or other iiisiiiunent of wrting authorized by law t br recorded in the recorder's otfi-e of said county, the original record of winch may have been destroyed as ar. re- i.d: and. also, u 11 evidence r latiug to the Drocecdinss of ihe board of commissioners of aid comitv. or of anv :isi -smein. tax iisis. ilu licates or oilier reconis. documenls, or pioceedmgs appertaining to the offices of the auditor, treasurer, or school commissioner, of said countv. :nil destroved as aforesaid. Sec. . Before proceedins to hear sneh evidence the poi 1 y seekini; to perpetuate such testimony, shall (five lo the parly or parties to be affected thereby, at least ten days notice, in writimr. of such intended iHoceedn:ss, if such parlies resale in the ihe same or an adjoin ns c 'Uiity, wine n written notice may le served m the maimer prest r. ti ed by inw tor giving nolic" to lake depositions in courts or record. Sec. 7. The" record of said commissioner or transcripts of the same, certified by him or his elerk. or by any pet son authorized by law to give certified copies of the same hall be read iu evidence in in any court of lns Mule when ein unu-iauces require it. Set. d. Befote any person hall proceed to perpetuate testimony, before sneh commissioner in relation to any instrument proper lo be recorded iu Ihe recorder's oüV-c of said county, he shall file w ill said commissioner tiie affidavit of himself or of some person on his behalf, mat the original patent, deed or other instrument was destroyed by the burning of the court house, of said comity, as meulumcd in the preamble of this act. as the deponent verily believes. Stc. 9. Tne recorder of said comity is hereby authorized and require! io record all instruments of writing proper to la? recorded in' said office, pursuant tontiy laws of this Slate, now, or hereafter existing Uioii the production to him of any such instrument, with t.ie certificate thereon or endorsement thereon of the present or any former recorder of (aid county that tbe same had been recorded. Said recorder shall also record said ctriificHie immediately following the record of said instrument, and such new refolding shall be evidence in lite manner and s,! nave the same force and cilect of the original recording of sa;il instrument as slated in saal certificate, and for such recording the sai-1 iccorder shall be paid oiit-hull'tlie fee allowed by 1.. .v lor recorti.li like ui-tt utnents m snni.ar cuses. Sec in. Ail lestun.nv taken by said commissioner in relatiou to re cords and proc-e Jiiigs oi ihe cirenit and j-rohute courts of said coun ty, shall be kepi in a seur:tte Umkoi-rook prepaml lor that purj-.e; aial ali tesi.motiv taken as aforesaid iu relation to instruments proper lo he recorded in tne recrder's office oi said county shall tv kepi ,i Other book or i prepared for that purpose: and all lestunouv taken , , . i . c r . i i i '. bya:ilco.unii loner ill rt'lution lo priH.ceuug oi uieuuaruoi commissioners of said count v .or anv assessment .tax Itsls.duplif aies.orother records, documents r nroceetinirsaoriertainiii! to the offices of au - dilor. treii-urer. ss-tiooi coiiiiinssioiier, or surplus revenue agent of said county, suidl be kept iu a separate hook or books prepared for that puroose : and at the close of the business of said commissioner he i null append o each oi said books Ins certificate winch shall I cou tersigued by ins clerk, if lie have any, stating that the records conlamed therein are tne proceedings had by and before lum. hy virtue of this act. and shall deposite the first set of books above mentioned in the oihce of the cierk of the circuit aial probate court of sakl county, and the second sei of said books above named shall lie deposited ill the office of ihe recorder of said county : and the third set of books shall be deposited m the auditor's office of said county, where the same shall forever remain, and shall thereby become it part of the records of said offices reaper bvcly, aial such clerk of the circui' and probate couris, rtcorder and auditor, may give certified transcrints of any of said records, uppertnilig 1 their offices respectively, winch shall nave the same force .ual effect as other records, and preed-in.-s rerlihcd by Ihent. 8ec. 11. Said commissioner shall continue in office during the pleasure of the board doing comity busmess in saal couuty, aial in in case of death, resignation or removal from office of said commissioner, the saal board shall have power to fill such vacancy. Skc. 12. The assessment of' taxes made in. and for, said county of Sullivan, for the year 1S5U. is bereny legalized, aial the duplicate thereof in the hand of the treasurer of said countv is hereby de clared lo have the same force aial eliect as tia; proper duplicate made out in every respect couu-rmably to law. Sec. 13. Tbe Sullivan ciicun und probate courts, in term time arc beteby RUlboiiZnl and requued. on motion of any person by himself. o attorney, on sa'.isiuetorv evidence being produced tiiat such per son hail a judgment, filial order or decree in sucu court, the records of winch have been destroyed or burnt, to cause suca judgment to be re-eiilercc. and recorded as ol the former date, aial the legal rep. rescntalives of anv person deceased may in like manner, on like proof leing produced thai such decededent had a judgment, final order or lcc.ee in such court tiie record of which lias been destroyed as aforesaid, have such judgment, order or decree re-entered as of such former date, and such jtt Igmeut when so re-entered, shall enrtmue to have all the lien, and be of the same force aial eliect of such original judgment. The judgment debtor snail have at least ten dayspreN ions notice of such iim-mled motion by leaving with such par ty, or at Ins resilience in that state, a written notice of said intention, a copy of which shall be presented iu court, and due proof of th service thereof made, if the parly so served do u -t uppear to said motion, or it such party be dead, service of such notice may be made upon his legal representative, and U such judgement debtor or his legal representative, be not a resident of this Mate liiree weeks previous notare of -aid motion may be given in a weekly newspaper, printed und published in the same or an adjoining county, and it execution has been issued on such judgment or decree. and tbe facts relating thereto call he proved tn the satisfaction of ihe court and if such execu tion and tiie return thereon have been destroyed, tl'.e parties or eith er of Ihcra. shall be ik i united to prove the issuing am' service of such writ and return, aial nave the same made a matter of record und the same process hall be issued in favor of the proper pnrtv. utsiu sucu judgment, execution, ami return that he would have been ent iled lo had such execution and reluru not lieen deslrovtd. und Hie court on hearing the evidence shall determine what process such judgment creditor shall be entitled lo ; but should the judgment debtor or his rejiri -entat.ve deny tiie , xisteuce oi siirn iiiilyment, s alleged against him, he s mil be entitled to a jury to determine the fact, and the jury shall bring a verdict according lo evidence. .Sec. 14. In all cases where suit has been brought, or may hereafter he brought, in any court on any judgment or decree, the recoril of wtiicu in-iy have been destroy! a aforesaid, either by action ai law or by bill in equity, it shall be lawful for ;he detendaut lo deny the fact of such burning, by prO)ier plea, und the same saal; be tried by jury, unless the parties shall agree to hs' c such issues tried by the court, and such court or jury shall disregard all variance between allegation and proof' in respect to the dale ami amount of such judgment or deiree, interest and cost but shall render their verdict and give, judgment according to the evidence. Sac 12. All officers and wituesses having fees due tlieiu the books or evidence of w.nch may have ksam destroy ed by said fire, may have the same re-taxed by the proper officer, any party feeling aggrieved at such taxation of lees or costs may by motion before tiie proper coort have Ihe same corrected, the party or witness claiming such fees or costs having had due notice of such motion, and any offi cer of saal county may issue the proper process authorized bylaw m other cases for the coileclioii of all such fees and costs. Sec. Iff. Suds may be bi Might in the name of ''the board of commissioners of the county o; Sullivan," for tbe recovery of all monies borrowed from the surplus revenue, seminary, school or other trust funds of sa d county, or any congressional township therein, either by action at law or the foreclosure of mortgages, or oilier proceeding in equity, aial the court or jury trying such causes shall disregard all variances betweeen allegation ami pi oof ffi respect lo the date, amount name of payee or otiier discnption of any note, bond, luort&age or other instrument rclatioug to saal funds wliu h may have been destroyed as aforesaid, aial allofficers charged w.th lite duty of loaning or management of any such funds, shall be competent vvilne.se in any such causes. Skc 17. All maps aial plats of school lands, which have been destroyed as aforesaid, shall be re-drawn, and recorded by the respective officers whose duty it was to draft the originals, or such officers as have succeeded them bv provisions of Law ill the discharge of heir duties, winch maps aial plau snail be drawn from the Im si muri of mfoi matio.i such officers may be able to obtain, lor which service a reasonable compensation shall be ud out of ihe county treasury. Skc M. Ii hall be the duly of the the auditor of said couuty I procure from liie proper officer a list of all the land in said countv , the tide of which is out of the United Stales, aial shall also procure the necasary maps of tht same, aial tbe comity auditr r ffiall rietivera cop" of said lists aial maps lo the conmy assessor to aid itim iu the --et' nt iff Üir nrnnrriy oi said connly. and all expruesuiteiHiuig the procuring of snal maps, ami list, shall be audited and puid out of Ue county ueacury of saal eouuly of Sullivan für. 19. Tin loriucr aial present slierifi aial clerks of saal comity, s tall be competent witnesses m all cases uiaier tins act, lo prove the former existence aial amount of any judgment und decree, and the f inner existeiwrc of any execution, or paper whatever : Provi detl, Ttial they shall not be witnesses lo prove the amount aial existent e of costs dm? lothem, respectively, or of jutlgmeuu, decrees, and executions in their favor 8cr. 20 Thi act shall be taken aial deemed a public act. and ball be in force from after its passage, ami it shall be Ibe duty of the Secretary of State to forthwi'h forward a certified copy thereof, lo the auditor of the said county of Sullivan. k. m .MON a. Speaker of the House of Representatives. J Ah. H. i i. Prrsidfut of the Senate. Approve! January 31. 1H31. JOSKPH A. WKIGHTAN ACT to alter the time of holding the circuit courts in certain rauntie in th third judicial circuit. fttmo 1. Be it enacted by the General Auem'Ay of the State of Indiana. That hereafter the circuit court in the county of Jennings, shall commence on the fonrllt Monday in February, aial rontinns two weeks if Ibe business thereof require it. Iu the comity of Jefferson on the third Monday in March, and connate tst.Ul the commencement of the court in II county of Bartholomew if Ihe bustness i ,ereo:" require it. In tb : county of Bartho'ome iv mi tbe third Monday m Apri1. and continue until the eommeneeme .t of the eouu in ihe ,-onntv ett Switzerlaial if Ihe bniiies thereof rs.ftttre h The
second or fall terms of said courts iu said comities shall sit as is now provided by law late. 2. All writs, subptruaa. venire,, rule, orders of court, re-
menccment of sawMi-nn, shall be deemed and taken to be. and hereby made returnable to the first day of the first term o; each of sa d ctHirt respectively, io be holdeii by v.nue of this act. Mi. :. Ali suits actions, und other 'preceding uw pending or which may hereafter be pending in :i:d enntht, shs.ll 1 taken up and acted upon at the : i . ue- fixed for the holding thereof, aial be !:- poe1 of I., the same manner as if no aheraUon bail teeu made of the bSW of hold ug saal courts Sec. 4. Tins act hall take effect from mid after it passage and shall irnrnertiately be MhUaSasff in tue State Semmel and Journal and a eopv of thi- act ball lie sent to the clerk of each of' said cvtirts. Sia . 5. All acts coiuiuveuiiq; any of the pro i,oi. - of this act are rrticnivd. b. wmoitT, Speaker cf the House of Representatives. J AS. H LANK. President of the Senate. Approve! Jurt. i'3, 151. JOSKPH A. WRIGHT. A ACT to amend an act entitled "an act to increase and extend the benefit of common schools." approved January, 17, 1849, and the act declaring said act in force, approvtd January 19, 1H50, so far as the same relates to the county of I't'go. Wnr.aEs. In pursuance of the act to increase aial extend the benefits of common -, , .1, approved January 17, 111'. a majority of all the voters of the couuty of Vigo, voting al the August ilcctioi: in the Ve:T !-!'.'. in - i countv ! .1 not v.r.c lor 'ai.! law. ft poiliou of the vote. ol' said county having ret'used to vote on said question: Alt WHEBK4. much dissatisfaction baa arisen in said couuty concerning saal ,sw : l tiereiore, .Sri no 1 Re it enacted iv the Genend A'StmMy rf Ihe Slate of Indiana, That at the larxt Apr xt Apr. I election, in saidceunty of Tigo, it shall be the duty of the several inspectors of elections at said elec tion to propose, nnd nk each aial every of ihe electors of saal county, as they hall respectively deliver their voir, the fbllotvinjr; SjasaMaet: Are yon in favor of th present lau? of taxation for in. creei'i ng the benefits uf common schools.'' Aial it shall be tbe fluty of the clerk of said county tn preparing ihe poll books for said election to prepftre ihe same with it proper column for recording said votes iu.spet-tors.if said elections shall certify the same lo the auditor of said and the same shall be recorded by the clerks of said elections, and ihe conmy . and if u majority of all the votes given at said election upon suid question shall be in the amrmative of said question, then the said acts l-efore mentioned iu the title of this act, shall be aial remain in full force : but if there sball not be a majority of all the voters, voting at said election upon said question, found voting- in the affirmative of said question, then the said act. approved January l!l. I Sod, shall cease lo have auy force aial effect msaid county of Vigo, ami In- s to the said county of Vigo repealed. Hut the said act. approved J. nuary. 17. 1-If. shnll be revived aial remain in full force in said county, but ist such case the question shall not be submitted lo fie voters at the succeeding annual election. Sax. 2. If there shall not be a majority of the vote gived at suid election, on saal question in favor of said law, it shall be the duty of the auditor to enter upon the duplicate a ;we against the collection of the taxes assessed under said acts lor llic current year, in said county, aial no tax for that purpose aha I lie collected in said county ; Provided, that tins act shall not affect the taxes assessed fir the year - 'AK for school purpo-es and remaninc,' d.-nu M :.t Sec 3. This act shall be in force from and afier its pass.-jje. aial shall be published in t.ie Indiana Stale Journal and Sentinel, and it is hereby made the duty of ihe Secretary of State lo forward, without delay, certified copies of this act, to tbe auditor and clerk of the county of Vigo. K. DUMONT. Speaker of the House of Representatives. JAS- H. LANE. President of the Senate Asproved February C, lx.-jt. JOSKPH A. WKIGHT. Iml.ana State Journal copy-. AN ACT.fo amend section 1 , chapter 56, rerised statute, of 1S43, authorizing coroners to pay the expenses of i.tquest and burial. Section 1. Be it nnr:td hy the G'neral Assembly of the State of Indiana. That section II. chapter oö. of revised Statutes of Itil3. be so amended that the coroners shall lake first from the proceeds of any properly fouiai on the body of any deceased person, if any. and if there lie no personal proierty to sell, then from the money found on the laxly of any deceased persou over wliom an inquest shall have been held, and pay the expenses of said inquest, together with all reasonoble charge for flic burial of such deceased person, and pay the residue to tiie treasurer of the couuty in which such inquest has la-en held, to i.e by said treasurer applied in lite manner provided in llie section lo winch this is an amendment Skc. 2. Tili net io be tu force from after it jmssagc. ai'd reception in the several counties. K. DUMONT, Speaker of the House of Representatives. JAS. H. LANK. President of tbe Senate. j pprored Feb. 11. 1831. JOSKPH A. wntOHT. AN ACT to provide for electing supervisors by districts in the counties of Wells, jJllen, Noble, Steuben, Miami. Henry. Lagrange. Tipton. Clinton, Harrison, . ldums. Ja . Blackford . and Morgan. Skctiox 1. Be it rnaC'd by t'te'Genemi AssenMy f the State of Indiana. That hereafter at the annual election iu April, it shall not lie lawful f r any voter of Wells, Allen. Noble. Steuben, Miami, Henry. ! ocran-rc. Tipton. Clinton, Harrison, Adams. Jay, l'inckford. and Mnrgaii comities to vote for nmre than one supervUor of roads in iii township Sac 2. If upon counting out the votes at any of the polls, in said counties, any ticket shall las found renn more than one person voted for. for siijsrvisor it shall be deemed an illegal vote so far as relates lo supervisor, and shall not be coiuiled lo Hiiy ' ihe persons voted lor. lor tlmt office. Sue .1. All law and pans of laws conflicting with the provisions of Ihn act are hereby repealed. Skc. 4. This act shall take effect from and alter its passage, and publication in a public newspaper, aial a copy thereof filed iu the clerk's office of the counties named in the first section of this act. K. DUMONT, Speaker Of the House of Representatives. JAS. H. LANK, President of the Senate. Apprroverl January M, IP51. JOSEPH A. WKIGHT. AN ACT to restrict the frrand jury of the county of Marshall, to o limited time in their sessions. Sectio 1. Be it enacted by the General Assembly of the State of Indiana, That at each session of the circuit court of the county of .Marshall, the grand jury shail not remain in session more than three davs, except in cascshercin provided for. Sr.c 2. That no grand jury in sakl county shall decide upon any complaint or information of which it has cognizance by law. und which shnll be matk? to it, whilhout the court, in its discretion, (hall order to the contrary on the application of said graial jury, unless such complaint, or information, shall be made within the first iwo days of the session : Provided, also, that this restriction shall not apply to the case of prisoners in jail who may otherwise be detained m jail until the next scsion of the circuit court. Sec .1 It shall be the duly of the prosecuting attorney to inform the court whether there are any cases btfore said graial jury, of such n nature as woit'd. in criminal cases, amount to death or imprisonment iu ihe State prison. Sec. 4. That when the court "is informed by sneh prosecuting attorney, that such rix s arc before ihe "ratal jury, i he court may counliliuc llie gTiUul jury from day to day to determine such cases. Sk . 5 1 f any person shall voluntarily appear before any grand jury of said comity, and procure au indictment against auy person or persons, who shnll upon his or their trial be acquitted it shall be lawful for the court before whom such person or persons were tried and acquitted, if they shall believe such indictment to have been procured through malicious or oilier improper motives, to render judgment against such prorecutuig witnesses for the costs which have accrued in such cause. Skc 6. This act shall take effect and le in force from and afte. its passage, aial shall be published mine Indiana Slate Sentinel, aial it shall be the duty of the Secrctarv of Slate forthwith lo forward a certified copy of tint act to the clerk of the circuit court of the said comity of Marshall. K, DUMONT. Speaker of the House of Representatives. JAS. H. LANK. President of the Senate. Approved Februsrv 14, 1851. JOSKPH A. WRIGHT. AN ACT to amend an art tntitled l an act to restrict the grand juries of the counties of Porter and Lake to a limited time in their session's, and far other purposes."' approved February S, 1851. Section I. Be it enacted by the General Assembly of the State of Indiana. That nothing contained in the fifth or sixth sections of the above recited act shall authorize any court or justice of the peace to render ttatpmcnt ngainst nity complainant, except in cases where uc!i court or justice shall be satisfied that such complaint was made from malicious o- other improper motives. Sv: 2. This act shall lake effect and be in force from and after its HSjas E. DUMONT. Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Approved February H, 1851. JOSEPH A. WKIGHT. AN ACT defining the duties of the treasurer of ttforfran count u SECTIO t. Be it enacted by the General Assembly of the Stale of Indiana. That Ihe treasurer of Morgan comity, shall, on the first day of each regular session of the board of county commissioners of ihe county of Morgan, make out and report to said board a succinct statement of the receipt and expenditures of the preceding quarter, ami the amount remaining in his bands, which report shall be signed by said treasurer and th,' auditor of said county, and a copy thereof posted up in some imbla? place in the court house of said county by said treasurer. Sec 2. That the treasurer of said county be and he is hereby reqnirrd to keep his office at the county sent of said county, and shall keen the same open for the transaction of business every day in the year. Sundays ami the fourth of July excepted, from the hour of nine o viork in ihe lorenoou until inree o ciock iii me anernc-on, auring which time, he shall give attendance in person or hy depntv. Sac. 3 This act to take effect and be in force from aial after its publication, and the provisions of this act are hereby exteialed to the eotuitv of Greene. F.. DUMONT, Speaker of tbe House of Representatives. JAK. H. LANE, President of the Senate. Approved Pehruarv II, 1851. JOSEPH A. WP'GHT. Indiana Slate Journal copy AN ACT to repeal an act therein named. Stctws I. Be it enacted by the General Assembly of the State of Indiana. That an act entitled "an act relative to the jurisdiction of justices of the pence, in certain criminal eases in ihe county of Tippecanoe, ".appoved lanuaiy 21, 150, lie, and the same is hereby repealed. Sac . And he it further enacted, that the several laws which were in force iu said comity of Tippecanoe at the time of the pas soire of the above recited act. giving to justices of the peace concurrent jiirisd.cliei) with Ihr circuit court in eertaiu criminal offenco, be. aial the same are hereby revived, and declared to be ill full force and ett'ect. 8r. 3. TliM act to take effect ami be in lorce from and afier its E. DUMONT, Speaker of the House of Representatives. JAS. H. LANK, President of the Senate. Approved February II. 1851. JOSEPH A. WRIGHT. AN ACT to amend an act regulating; the time of holding Probate Courts in the county of Tiptou. Sei Tiov. 1. Be it enacted by the General Assembly of th State of Indiana, That hercaiieT tne probate court in tne county oi iiptan. shall be held on the first monday of Febrnary, May, August and' November, in lieu cf the second monday. Provided, That nothing herein contained shall in any wise efToct the holding of the next term of the Tipton Probate court. Sac. 9. This set shall be in force from and after its passage and publication tn the Indiana State Sentinel and Journal, and it is hereby made the duty of tbe Secretary of State to trannmit certified copy of tbe same to the clerk of the Tipton Circuit C0"rt E. DUMOWT, Speaker of the House of Representatives. JAS. H. LANK. President of the Renate. Approved February 11, 1851. JOF.PH A. WRIOHT.
AN ACT to regalatc the issuing of Execution and ft bills in the several courts in the counties of Marion, Dearborn. Laicrener, Union, Fayelte Martin, rnnd Blackford upon xehich no eieeution has issued for three yearn from Ihe rendition thereof, and tgktm fees have not been collected for three tiean from the termination of the suit in ichirh the same is taxed. RaTio I. Re i? enacted by the General Assembly nf the State of Indiana, That iu all cases when sny judgment or judgments in aur cf the courts in the counties ol Marion, Dearborn. Havies. Lawrence, Union, Fayette, Martin, and Blackford, shall In ve bceu duly rei'dritd, and tbe same shall have remained three yeais from tbe rendition thereof, without executiou bavin-: is-
mied thereon, i n ot be n isary to revive such judgment i wis, . 1 ui executions may at ti judement or judgments, the l filing with the clerk of the lame remains in whole or iu not as he believes any good i or judsnieuts b I LU iäf.irM piantlff. bis age I proper court, at i part unsatisfied sei re faeirxs or olh ler issue upon su t or attorney flri affidavit that the and that there is j reason why auch is made by an age j oilier person im I and such pen-oni I said affidavit shal affiant knows or hoc id not issue where said affidavit icy, a receiver or au asiguee or any icr to obtain a fee lull or executiou authorized Us ni.tke laid affidavit) kid costs remain unpaid, so far ss d thai be knows of no good cause issued. It shall not bo obligatory why a fee bill should not he upon the persou collecting cost to pursue the course pointed out by this set, but be may if lie choose proceed by scire factor or notice as heretofore. Sac. 2. In all cases where costs have been duly taxed and remain unpaid for three yean from the termination of any suit in which services were rendered in auy of the courts aforesaid, it shall not be necessary to cause tho same to be ie-lexcd by set re facias, uotice or otherwise, but fee bills for the collection thereof, may at any time thereafter issue, upou request of ihe person or party entitled to such costs, in tbe same manner as if the same bad been requested prior to the expiration of three years irom tne termination ol any stiel: suit. nie, no such fee bill Hiall issue until the lcrnn or pusous dcmaiidiiis the s. me shall hrst hie in the proper clerk's omce. an affidavit th nat the fees re main due and unpaid, and that there is not as he knows of or ! e licves any good reason why such fee bill should not issue. Aud prvrided, further that proceedmi s upon auy fee bill or executiou issued iu pursuance of the provisions of Ibis act shall be suspended upou motion to the proper court iu ler..i tirue orJudge thereof in vacation founded upou cificl&vit sbowine that a coed and valid defence to the same exists, and sucb case shall then be. docketed amongst the causes pending in court aud shall proceed to trial and irvi determination, in tbe same man tier as if scire facias or notice to revive, had been duly issued aud served upou the party against whom the same may have been issued. Sec. 3. In lieu of the fee for issuing seirv facias or other notice and in full compensation for bis services, the clerk shall be allowed for each of said writs, the usual fee allowed for execu I lions. Sac. 4. This a i shall be in force from and rfter its pasBSjsa E. DUMONT, Speaker of the House of Representatives. JAS. H. LANK. President of theSenate. Approved Feb. T. 1851. JOSEPH A. WRIGHT. AN ACT for the relief of the Recorder of Franklin Count i Sectio! I. Be it enacted by the General Assembly of the State of Indian i. That the fees of county recorder for issuing fee bills lo collect fees for their predecessors shal! be twenty cents for each fee bill so issued. SE' . 2. It shall hereafter be the duty of county recorders to procure and record town plats in a book to be kept separately for that purpos ; and it is further hereby declared that it was lb. intention of an act entitled an act authorizing tbe recorder of Franklin, Switzerland, and Knox couuties.to make out a general index, anproved, January 12, INS, that town plats should he so recorded, instead of being recorded iu the general indes books. Sec. 3. This act to take effect from and after Its passage. K. IU' MONT, Speaker of the House of Representatives. J AS. H. LANE. President of Ibe Senate. Approved. Jan. 13. 1851. JOSEPH A. WRIGHT. AN ACT amendatory loan act minted an net t o increase and extend the benefits of common schools." upj'rored January 17. Iw4f). SKCTIOX 1. Be tt enacted by the General Assembly of the State of Indiana. That it shall be tiie duly of the township trus-teti to distribute to the districts within their rcsjteclive towushitts. the school Inno received by lhem for dial iL'inou. hs proportion to the number of schotu rs iu euch, any thing in tue act to winch this is an amendment to the contrary notwithstanding. Sec. 2. This aci shall 1 in force irom mid after it passage. K. DUMOKT, Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Approved February 13, 1H51. JOSEPH A. WRIGHT. AN ACT authorizing the Board of Commissioners of the county of Morgan to make additional allowance to the .duditor of said county. Whereas, The board of commissioners of the county of Morgan presented to this body their petition setting forth among other tilings, that by an act nf the general assembly of the State nf Indiana approved Feb. 13, 1843, they were restricted in their allowances to the auditor ol their said county, for tbe services then required of him by laws to the sum of two hundred and titty dollars per annum. And that since tbe approval of the act aforesaid, divers acts of the general assembly of said State have been approved requiring additional services of said auditor without providing auy compensation whatever for said services. Therefore, SrcTioa I. Be it enacted by the General Assei!.ly of tlte State of Indiana, That the board of county conimissiour of tbe county of Morgan, be and they are hereby authorized to make such additional allowauces to the auditor of their said county for any additional ervir.es required of him by law as may seem to them right and jnst, provided said extra allowances shall not exceed tbe sum ot one hundred and filly dollars per annum. Sac 2. This act to take effect and b- iu force from and after its passage, and it is hereby made the duty of the Secretary of State to transmit a certified copy of ihis act to tbe clerk of said county. E. DUMONT, Speaker of tbe House of Representatives. JAS. H. LANK, President of the Senate. Approved Jan. 21, MSB JOSEPH A. WRIGHT. AN ACT to amend Sections 302, 303. and 304 if article 13, chapter 47, Revised Statutes of 1843 also Sec. 2, of chapter 61, on pates 1030 and i031 and 1032, of Revised Statutes of 1S43 and for other purposes. Section 1. Beit enacted by the General Assembly of the State of Indiana, That the above sections arc hereby so amended that hereafter it shall not be necessary for a constable oi other offi cer having a warrant or process in bis bands, as contemplated ia said sections to go before a Justice in the couuty where any fugitive from justice may be, and make proof of the legally issuing of such process as specified in said sections. Rut such process issued by any justice of the peace within this State, under bis hand anil seal, shall be sufficient authority to any constable or other officer to pursue such fugitive to auy county within this State, and take or recapture, and convey him, or her, back lo tbe proper county to be dealt with according to law. Kc. 2. Be it further enacted that ihe provisions of the foregoing Section are herey extended to -11 warrants issued by any justice of the peace for the apprehension of uny person charged with beiDg the father of a bastard child born or expected to lie born; if the person so charged crosses from tbe county whercin the charge is made, it is hereby made lawful for the officer holding the warrant for his apprehension or from whose custody sucb person may have escaped, to follow such ptrson into any county of tbis State and arrest or recapture him as the case may be, aud take bun to the county from which be may have fled or madr his escape. Sec 3. That all laws couiiiic in conflict with the foregoing sections be and the same are hereby repealed. This act to take effect and be iu force irom and after its passage. h. DUMONT, Speaksr of tbe House of Representatives. JAS. H. LANE, )'i e-idcBt of the Senate. Approved Feb. 5. 1H5I. JOSEPH A. WRIGHT. AN ACT relative to Plank roads. Section I. Be it enaclel by the General Assembly of the State of Indiana. That the repeal or modification of an ict" entitled "an act authorizing tbe construction of plank roads" approved Jan. 15, !-m. Oi any other act relstiv lo plank ro.Js shall not in any mannT effect the rights, privileges, cr immunities of auy company which, has been or mav be organized before uch amendment or repeal, but all sui companies may continue to possess and enjoy all their rights, , rivilegcs and immunities, the same as if no such repeal or amend, tent had been made. Sac. 2. If any person or persons ahall travel upon any part of any plank road leading to auy point oi points in which he or they may be traveling, and shall pass through or along any other road or roads, to get to such point or poiuts without first paying bis OT their toll and with intent to defraud such plank road company, he or they shall be liable to the ii ualty iu such case made and provided. Sec. 3. That the first section of said act approved Jan. IS. 1849, be and the same is hereby so amended as to authorize copies of the articles of association to be tiled and recorded according to the provisions of said section whenever tbe stock subscribed amounts to six hundred dollars pi mile or the proposed road. Skc. 4. That section thirteen of the said act approved Jan. 15, 1849, be and tbe same is hereby so amended as to allow tbe directors of aiy plank road company which bas been or may be organized under said act to erect toll gates aud exact tolls pursuant to the provisions of aaid actaparaere. fiMicouaecutive miles of such road shall have been completed. Sec. 5. This act shall be in force from and after its passage. E. DUMONT, Speaker of tbe House ot Representatives. JAS. U. LANE, President of the Senate. Approved Feb. 8. 1851. JOSEPH A. WRIGHT. AN ACT relative to the practice of Late. Sec-rioM 1. Be it tnactedby the Gemral AwnMy of the State of Indiana, That in all actions where the daniages sought to be recovered are of an unliquidated cbaracter.wbether arising ex con tractu or ex deluut, it shall be lawful for the defendant or defendants, or in case of severance, for any defendant at any time before going into trial, to offer in writiug, to confess judgment in favor of tbe plantin or plantiffs for auy sum and for the cost that have accrued to the time of such offer; and in cae such offer shall be accepted, then judgment shall be accordingly rendered ; and iu case such offer is not accepted, and the plantiff or plantiffs fail to recover in such actiru any sum beyond the amount so offered, then it shall be tbe -'uty of tbe court trying such case to render judgment for tbe plantiff for the sum so recovered and costs of suit, up to the time or suchjoffer, and for the balance of the costs, judgment shall be rendered against tbe plantiff or plantiffs as the case may be, provided bow.-ver, that sucb offer if not accepted shall not be deemed or takeu as any admission of liability on tbe part of him or them making tbe same. Sac. 2. This act shall apply to all aetious of like character prosecuted in auy court, of inferior jurisdiction, and also in cases of appeal, w hen such offer was not made iu such court of iuferior jurisdiction. SBC. 3. This act shall take effect and be iu force from and alter its passage. F E. DUMONT, Speaker of the House of Representatives. J AS. H. LANE, President of the Senate. Approved Feb. 3, I8.il. JOSKPH A. WRIGHT. AN ACT to amend an act entitled ''a.i act to extend the term of the probate court of the county of Monro, and for other purposes,'' apprured January U, Sectios 1 Be it enacted by the Genend As-emlAy uj th State of Indiana, That the first section oi the above recited a. t. be end the same is hereby so amended as tual t.ie probate couil of said erHiltty ef Monroe, shall noi sil more thai o,ie week at any term thereof, except al the first regular term m each and every year, at which term said court may sil iwo weeks, u ine business should so long require. Skc. 2- Tins act shall take effect and I iu force from and after its paMag E. Dl MO I, Speaker of the House of Ref resent ali vet. J AS. H, UISK. President of lite Senate. Approved January 31, 1851. JOSFPH A. WRIGHT
AN ACT to enable persons susJa ning damages occasioned by the construction of the Wtsbash and Erie Canal to hare their damages asessed without further dVay, and for the more conrenieut service (f proctu on the Trust ret of said C until.
Skitio 1. Be it enacted by thi I 'i'ii 'n-i. T öti w .. ii' vr any per llie tioatii oi n ii, ice. , i tu YVn.hu and petition tor damages occasion bash aial Erie C iaal or for liiule it ml Assembly of the State of lull file or shall have filed tarda ul Kr.c f 'anal, Lis or ner claim, y llie cmMlructiou ol' the Wa al material - taken for its eoui s.iall iM-gieci lot three mouths , ii. or s'lalllnive heretofore liegi the hiiinr f said claim or pe- ! accordiiur to the form of Ibe t iected (m lion, to 1 statute m such cases made an I prorated, or to satisfy saal persou or persou of their said damages, il shall and may be hwfui for raid claimant io fi'e iu Uaa office of the clerk ol ti.e proper circuit court, I of llie. county where saal damages accrued, a copy or me suustauee ; of a copy, of his or her claim for damages . upon the filing of wl.ich ; it shall be the ilmy of tin- said clerk to docket the cause for trial,aso(liei causes are docketed, making the claimant therein plaintiff, aial Ihe i said board of trustees defendant ; and u shall be Lite furilter duty of sail! rlerk to issue a stiuunous reiurualse at the next term of his saal ! rircn.t court, d. reeled to said board of trustees, staune therein llw j filing of s;ud petition, dial lue '.1111 when llie same Was filed, audit suid trustees sluilt be required to answer the same, aial if saanttVm shall have been filed and the summons served twenty days before tlte first dayof tiie term of Ibe court next after fi ing of saal pennon there- j iu, the said cause shall siaiul for ti nil. and shall lc tried mall respects, a trials upon appetls from iippraismeiit of damage uiulcr tbe act to ! provale for a geiisrat system of i.iternal improvement, npproved ! January 27, ls.fi. and trie several acts ameiaUtory. aial auppleraciilary tuereto. and payment shall be therein given accordingly. Sac. 2. Said summon specified in the first section ot' this act may ; be served by auy person, or by the proper sheriff of ihe canty. and i it shall Ue u good servicv, lo serve a copy thereof upon any otie of! said trustees in tins Stale, or by icavn,ir a copy thereof with their 1 clerk al lite office of saal board of trustee. Sec. 3 This act shall not lie construed so as 10 repeal any ae now in lorce for the assessment of damages occasioned by the cousiructtou of the Waliasli and Eric Canal, but shall be cumulative 1 thereto. VasO. t. In any aial all actions, suns, aial plaiuts aeatittst said board of iruslce, it suaiU be u good aial sufficient service" of proer j lo s.rvc the same by leaving a copy thereof at the office of said ' board, with any clerk of said hoard therein, and this act shall be ill force from anJ after its passaga E. DUMONT, Speaker of the House of Hepresentativea. JAS. H. LANE, President of the Senate. Approved FeNuaiy 13, 1831. JOSEPH A. VvRltiHT. AN ACT to regulate the sale of spirituous liquors in Jackson county, Indiana. Sectios 1 it il enacted by the General Assembly of the State of Indiana. Thai 11 shall be lawful for the qualified voters of the several township 111 the county o. Jackson, at iheir annual April, or Spring elections, to vole for or agamst the granting of license to retu.l spirituous liquors in tue towiultips where sucb voters reside Sec 2. And if a majority of all the votes given at such election, for and against such license, shall be ngainst Ihe granting thereof, it shall then be the duly of the officers of such elections, forthwith to certify that fact to the county auditor of saal countv. in writing, under their ham Is. and wUose duty it shall be to lay the same before the board doing county busmess at their next succeeding term. Sec. 3. After the voters of auy township shall have decided against tue grantnig 01' license for ihe purpose, and as 111 tins act specified, it shall not be lawful for any person, board doing county bus. lie--, body corporate or polity, to grant a permit or license to retail spirituous liquors ill such township for one year next succeeding such election to auy person or person whomsoever. Skc. A. Every officer of such elecliou.evtry auditor or person doiag the business of ciamiy auditor or any member of the county board or body politic or corporate, giving his assent to tuiy liceuse or permit granted iu violation of tins act, snail beguiity of malfeasance n office, .on'. 011 conviction by presentment or indictment in the circuit court nbail be fined m any sum not less than five nor more than fifty dollars. Sfc. 5. A'l acts and parts of acts coming iu conffK-t with this act. be. aial the same is hereby repealed. Skc. 8. This aci to lie m force and lake effect from iu passage aud publication 111 the Stale Seuliuel. E- DUMONT' Speaker of xhe House of Representative. JAS. H. LANE. Piesident of tbe Senate. Approved Febraarv 13, 1851. JOS. A. WRIGHT. AN ACT tn relation lo sales of land forfeited to the State by borrowers of college and other funds. Section t. Be it enacted by the General Assembly of the State of Indiana. That the auditor of Stale shall be authorized at uny time H make sale, after six weeks notice, 111 a newspaper published 111 the town of IndiauapoiiS, of uuy Intel of laud winch hau heretofore been forte. teil to lite State of Indiana, by the borrowers of college, snlmc. Rank tax. congressional township surplus revenue or trcas- ; ury funds. Sec. 2. Said sale shnll be made 10 the highest bidder, ou five years credit, wall interest payable annually, in advance at seven per eent per milium, and shall not be for a less sum than the amount of , principal, interest, damages and costs due upon the tract sold at the I date of forfeiture. Sec. 3. Tne five per' entdamages heretofore paid to the auditor and j treasurer of the Stale, lor lltelr services iu the care of sa.d funds shall j he added to the principal of such funds and shall be loaned or dismbu- ' ted as is now provided lor by law : and in lieu thereof, the oflieers aforesaid shall, on Hie first day of March, annually lie allowed the same compensation us is allowed to county auditors and treasurer for similar services 011 all sums received for the prececding year. Sec 4 Thi act shall be in forca from aial after it passage. E. DUMON'f Speaker cf tbe House ol Representatives JAS. H. LANE, Presi Jeut ot the Senate. Approved Februarr I3,IP.'tl. JOSEPH A. WKIGHT. AN ACT to abolish the office of superintendent of the work on the State prison and for other purpose. Pectiox I. Be it enacted by the General Assembly cf the State uf Indiana. That tlte office of superintendent of the work on the State prison, be, and the same is hereby abo'ished, and all die duties ap.lerltuuing to sari office are.livcby transferred to the warden of the täte prison. Skc. 2 The said warden shall annually re ei re as a compensaion for his services, for discharging ihe duties of warden and supertitendeut, the sura of seven hundred dollars, to be audited by the auhtor of public account, and paid quanerly out 01' any money 111 the reasury not otherwise appropriated. Sec. 3. Section twelve of an act entitled 'an act to lease the Inliana Stute prison and for other purposes,'' approved January 16, 1646, is hereh- repealed. Sec. 4. Tins act shall take effect and be in force from and after is passage. E. DUMONT, Speaker of the House of Representatives, j JAS. H, LANE. President of the Senate. Approved February 11, 1951. JOSEPH A. WRIGHT. AN ACT relative to recording deeds in Laporle county. Sectio 1. Beit enacted by the General AssemUy of the State of Indiana, That transcripts of deeds, mortgages, lease's, and other instruments iu writiug from the records of Michigan city maybe recorded in the rocorders office of Laporte couuty by the recorder thereof, and ia the same inauner and to the same extent as original deeds, mortgages, leases and otber instruments iu writing are or may be there recorded, and the records and and transcripts thereof shall have the same force and effect, and be receivable in evidence in all courts aud places as if the oiiginal had been recorded in aid county recorders office by tbe recorder thereof. And it shall be the duty of the recorder of said county to receive aud record all such transcripts in the same manner, and subject lo the same penalties and provisions as in cases where tbe original is produced for record. This act shall be in force from and after its passage. E. DUMONT. Speaker of tbe House of Representatives. JAS. H. LANE. President of the Senate. Approved Feb. 4. MSf. JOSEPH A. WRIGHT. AN ACT lo amend chapter 7, article I, section 2, of the revised code. Sectios I. Be it enac ed by the General Assembly of the State of Indiana, Thai 11 siudl not be lawful for any member of the board of county coininissioii'.rs, sheriff or other county officer, in any county iu Uta State to became a contractor, or take or possess an interest ui any contract winch such board may make in Uieir corporate capacity, ni any way connected with the transaction of the public business of such county: nor shall any such couuty commissioners, Mieriif, or other county officer, become the suretiee for those who become contractors ist such cases, and any such county comuiisslklsV tr, sheriff, or other county officer who shall violate the provisions of mi act, shnll be indictable in tl.e circuit court. S;c. 2. Tnis act 10 l- 111 force from and after its passage. E. BUMOVT, Speaker of the House of Representatives. JAS. H. LANE, President of the Senate. Approved February 14, 1S5I. JOSEPH A. WRIGHT. AN ACT extendinp th jtrocisuyns of o t act thtrein named to Randolph county in the eleventh judicial cirtuit. Skctios 1. Be it enacted hy the General Assembly of the Suite of Indiana, That the porvisimis of an act act entitled "an act extending lite ume of holding courts in the sixth judicial circuit.'' approved 1 January 19, 1-45. be, and the same is hereby extended to Randolph 1 county, in tlte eleven juJicia! circuit. Sec. 2. This act to be i.i force from and after its passage. E. DUMONT, Speaker of the House ot Representatives. , JAS. H. LANE. President of ihe Senate. Approved February1. 1H5I. JOSEPH A. WRIGHT. AN ACT defining Ac boundaries of In Porte, Porter and Lake counties. Section I. Be it enacted by tht General Assembly of the State of Indiana, That the northern boundary of the counties of l.a Porte. Porter, and Lake, is hereby extended 10 the nortneru line of this Stale, tins act shall be iu force from and after it pene K. Dl'-MONT. Speaker of the House of r. paescntatives. JAS. H. LANE. President ol the Sc 11 ale. Approved Febmarv 10, JOSEPH A 1 :-:,. WRIGHT AN ACT to rive count treasurers until the 1st of, of Jlpril, 1S51, to make settlement with the Amiitor of State. Hkctio I. Be it enacted by the General Assembly of the State of Indiana. That the lime at winch the county treasurers are tou.reil IO settle the State revenue account of ImSO, be exuutlrti to tue lirst dav of April. Irsil. SkC. i Tins aci lo be in force from and alter us publication iu ihe Indiana Slate Sentinel. K. HIT MONT, Speaker of the House ul Reprcseutative.. . JAB. H. LANE, President of the Senate Approved February 10, 131. JOSEPH A. WRIGHT. AN ACT io amend an act entitled 'lanact to increase and extend the benefits of common schools," approved January 17, 1849. Sectio 1. B ti enacted by t'u General Assembly of the Stat of Indiana, That whenever it has so happened tnat no district trustee ' has been elected, according lo Ihe provisions of tne ninth sec tion of the act eulitlud "an act to increase aial exteial the benefits of common schoois," approved January 17. 1848, and the vacancy so occurnug i has been filled by the appointment of the township clerk, prior to the passage of au act entitled "an net to amen. I an act entitled 'an 1 act lo increase and extend the benenls of common schools " npproved January 3, It&O, that all such appointment so made, shah be taken and eonsaiere lo lue ut all respects lecal and valid. Sac. 9. Tnis art lo be in firce from aad atit r its passage. K. DUMONT. Speaker of the House of Representatives. JAS. H. LANK, ' President of the Senate. Approved February II, 18SI. JOSKPH A. WRIGHT.
AN ACT r tint tee to the tnxsttton f costs in crtmtn estses. Sxerio 1 Be it enacted by she Geneml Aseembiy of the State of Indiana. That whenever, lor the purpose of trial at? aery cause, in the courts of this Same, either party shall necessarily procure any certified transcript of the record o: any suit or mdicin proceeding
- " m"J e, maie or lerrHTV Ot IIM I I ITOO States, tne legal foes wa) for asscb tränst rip: or copy she 'I be taxed aS CtSl III faV.FT Al iiu - - - ' rr- 1m , .. i -. ,... vv. i..,. . um maimer a - costs are now med 2. This law shall lie in force from an t after iaa naus.e Sprakel of the House cl Jas. h eseutatives. l.-ISt. President ol the Senate. Approved Fctruirv 13. lKii. JOSEPH A. WRIGHT. AN ACT fo prohibit tht traffic cf intoxicating litpiors in the town of Soiumbu. SFCTfe 1 be it enacted by th General Assembly uf the State or Indiana, Tnat it shall not be lawful for any persou or persons to sell, barter or eacuaiuje Uiiartty or ludsrecily. k auy person or persons within inc corpoiaiv limits of tue 'own I t ... umbus. in lite county of Bartholomew m any ouaunty wnatewr. any spumous or intoxiCHiiiit liquors wiiatever eiccpt for medicai. itieruiuiK'al. tcieiiliac or sacramental puposes. unless the qualified voters thereof', at their man. a! elecusm for president and li ustecs ot ssud lovett si, ul! mm prexs on iiieiriickeis lue orll!cell it be cast for or against lateuse : o vote sltall lie counted except isJeaf, icwevcr. tlwi not' .n coitianieu wnii n tne provisions oi mis section shall prohibit any peisoil or person now latciuie 1. cense lor a specified time, from selling bartering or exchanging within the corporate limns of said town, dunng the couluitiaiare of said license : An-1 provided further, Tuat tnc piovisious m tins act snaii not be construed io Lie vent the ui.ic.ureis.il siuritHoti. liquors. Irom selling-, bartering or each uiu me mir iu any quantity noi ,e loan oue uairel. i?KC. 2. At:;, person or persons violating auy of tne provisions of this act stui i upon couvicikni tiiereof. be subtect to all the penalties now by law imp, ed upou retailers of spumous liquors wituout liceuse. Sec. 3. Tins aci shali be deemed a public act. aud be at force from and after its passu je. E. DUMONT. Speaker of the House of Representatives. JAS P MiLLIKtN. President of lae Senate pro urn. Approved February 6, 1851. Joseph a. wrighi . AN ACT to amend an act entitled "an act creatine the Marion court of common pleas. approved January 4, 194U. Section 1. Be it enacted by the General AssemUy of the Stale of Indiana, Tuat s much of the 4lu ssctiou ol tue act, approved Jaii'iary 4. Is49, a provides that tue said court ball remain iu session al tne regular terms loereot, for four weeks, be. and tue saune is hereby repealed, und said court is hereby anihorized and empowered, at lite regular term there:', to remain iu session so long as the husuiess before said court snail requite. Sec a. Th the Secretary of Stale, be. and he is hereby authorized io furnish to the clerk of said Marion court of common peas, for the use tiiereof. one copy sf Ihe laws of' the State, and oue set of Blackford's reports, and Uereafler to farm i to the clerk of saal court one copy of the laws of Uns Mate passed al each session ef llie General Assembly, and one copy of die reported de uvious of the supreme court, of tins Slate as the same may hereafter be published. Sec. 3- Thai whenever a chancery term of said Marion court of common picas, shall tic iteid, it snail be lawful for said court at such chancery term ineieof, lo near and determine auy ratuc of tbe common law side thereof' which snail liave been com niuctl al tbe term of said court uexl pieceding sneh chancery term, if tae parties to such cause sualt so agree : Provided, Tual chancery causes shall have pi ecctience of such common law causes at such term, and if a jury lie demanded by either (tarty to said cause, the same shall be a jury ot' taiesme.u, suid such chancery term shall not lemaiu in session over four week. Sac. 4 Tlte judge of said court is hereby authorized and empowereu to take depMilioiis te be used iu any suit pending in said court, or in any other court, in the same maiinei a m.-tices of the peace . commissioners and other oincers within llie county of Marion are imiborized by law to take foe same, and lo authenticate said deposition by the seal of saal court. Sf.c 5. Tnis act shall be deemed a public act, and shall be ia force from and after n passage. E. DUMONT. Speaker ot the House of Representatives. JAS. H. LANE. President of the Senate. Approved February 7, 1851. JOSEPH A. WRIGHT. AN ACT to amend an act entitled "an act to authorize the transfer of cases pending in the probate to the circuit court, as far as relates to Putnam county,'' approved January 16, 1849, ant for other purposes. Section i. Beit enacted by the Gtneral Assembly of the State of Indiana, That the above recited art be so amended as to authorize and require the prevalent .tudir I tiie evtnih judicial circuit, to sit two terms in each year ot six days each, it tbe business so require. Saal terms lo commence ou the fourth Mondays of May and November, respectively, lo bear aial determine all cases, and to transact all business which may have been transferred lo said circuit court from saal probate court, in pursuance ef tiie provisions of said act. Skc. 3 It shall 1e the duty of tne clerk of the saal court lo keep a separate docket tt lite causes from the probate court, instead of docketing ute saute with the causes of the circuit court. Sec. 3. All peiaotu having probate business to transact ill saal count of Puluaiu siiall at their election, transact the same, either in tiie proltate or circuit court of said comity, aial the clerk wheu i. tified tliereou shall docket the same accordingly, and itus provision sha 1 be construed to extend lo all busmess and causes which tt-ve beeu or may- hereafter 1 commenced in said probate court. Sec. 4. The president judge of Ute circuit court in addition to the salary now allowed by law for h services as president judge shall receive such compensation not exceeding two Uoiiart (ier diem as may oe auoweti ny lue county comisiouers of 4ua rand out of the couu'v lieosurv for i.is services, ui d provisions of this ami the act to winch this is amendatory Set. 5. All acts and parts of acts eoutruvcnuie tue provisions of this act, be and tbe same are hereby repealed. Six. i. That act siiall be iu force from and alter iu passage, aial it shall be the duty ot the Secretary of State, as soon as may be, alter iu passage, lo certify a copy there of to the clerk of the Putnam circuit court. E. DUMONT. Speaker of the House of Representatives JAS. H. LA.NL Preside.il of tbe Senate Approred Fehruary 13. 1661. JOSEPH A WRIGHT. AN ACT to attach the south half of se.tion five township No. 3 north, of range 8 east, in the county of Jefferson to the county of Scott. Sectios L Be it enacted by üu General Assembly of tht Stale of Indiana, That the south naif of section five in township number three, north of range, eight east, m tbe county of Jeue-rson, be, and the same is attached to tne county ot' Scott. Sec. 2. This act to be in force from and after tbe its passuge E. DUMONT, Speaker of the H use of Representatives. JAS H LANE, President of the Senate . Approved February 13, 1851. JOSEPH A. WRIGHT. AN ACT to change the time of holding probate courts in the county of Jasper. Sr.cTiot 1. Be it enacted by th General Aesembly of the State of Indiana, That the probate court iu the county of Jasper shall hereafter be hoiden on trie second Mouda)s in March. June. September, and December, uutead of the second .Mondays of February, May, August, and Novemner, as prov dd by section 40. chapter SB. revised statutes 1843, anJ siiall sit six days if foe busmess uali requ. re iL Sac- 2. This act to be iii force from and after its passage, aar4 toe Secretary of State shall fortnwitn forward a copy f this act lo ti.e cierk of the cireutl court of said county. E. DI'MONT. Speaker of the House of Rcptesentatitnea. JAS. H LANE. Presaleut of tne Senate Approved Februarv 11. 1851. JOSEPH A. WRIGHT. AN ACT to extend the provisions of Arlicl No. 1, Chapter No. 42, of the Revised Statutes of 1843. Section 1. Be it snarled by the General Assembly of the State ef Indiana, That the provisions of article number oue, of chapter uumber forty-two. ef the revise j statutes of 1843, be, and the same are hereby extended to sub-ctnitractors, building, or working on steauiboKLs, so a 'o give them the same lieu tor iheir services on said Utats, ytsnk mechanics now have on buudiUS. Sec. 2. This act to lake eiTect and be ui lorce from aial after US pais age. E. DL'.MONT. Spreaker of the House of Representatives JAS II LANE. President oi Ibe Senate Approved February 14. 1851. JOSEPH A WtUlsHl AN ACT reducing the fees for taking acknowledgment of mortgages to the trust funds. Section 1. Be it enacteS by the General Atsernbty of th Stat of Indians, That nc real ler omccis auiuonzad by law to take acknow.edfeuie.its in tnis Stale, na i l authorised to charge for sucit serv.ee not exceeding ten cents Icr each obligor, for taking auy ate' uowledgctnciil of a mortgage executed foi ihe benefit of the cougres-ion.o township or otuei Bwl lund or any county in this State. Sec 8. Tins act to be in force from and aiter its passage. K. DL.MOAT, Speaker ol the House of Representatives ja.v h Lane. Presideul of tbe ! Approve! Feb 14, 1S5! JOSEPH A. WRIGHT. AN ACT to establish additional places of elections, in certain counties therein named. Ski -Tim 1 Be it eitacled by the General Assembly of tbe State of Indiana, Thai there shall be an additional place of holding elections at Bridgeport, m Wayne townsh.p, in the comity of Marmn, ui Posey township in ibt county of Switzerland, in Honey Creek township, in the county of Vigo, and m Jacksvtr township, in ihe comity of Wavne Svc. 4 It shall be the duly of' the the board doing comity business of the several comities, aforsaiJ. at either their March or June lenn. for the vcar 1851, in their respective counties, to additional itiace of h li townships foresaid. Sm . 3. It shall be tu township lo uieel the tm same sluiul 1 be on Sui oklest place ot boating el compare Vsns result ai tn lowushm odfcers . and il ectious in said ton, unless the londay, at the nvnships. and ip election for tors, for their rctioa of each aud the same loWMahjp, in on. and in all now ui force, 'iispeciors. of ,ir,la . ilieu on It retinn. in their re votes taken st rt shall be the dulv ol repective row iislups, lovn'i:p officer tUfte: shall be signed by t llie same manlier a : thinj;- saal inspector rcrulatinz ele.tKtiis. make out cenitie , at said township i-rtectors ol their i and deftll.lii: l.o duties of clecii.ai. and a- ! t IHIIltN and State and ctngriouai elections, lie governed by tne general l i.e said iiipe law regitltni( mens- Thi it i hereby m sasMI passage, and ot .-Male Jdilois oi tssnjmssnm "-rt 1 e u .... lit j' II aid. inn the same bef ri said co lain iiLiiiw i...s. I. in .Mti.vr. ftesdier of the House of Representatives. JAS II LANE, President ol" the Senate Approve! Feb. 14. 1851 " JOB EPH A WEIGHT. AN ACV to repeal an act entitled ''am met to regulate the prarttc of law in the La Grange cirtuit court." approred February 16. 1M8. SECTIO 1 He il enacted bv the ueneral Assembly of the Slate of Indiana, Thai the act entitled '"an art lo reflate the praence of law in the La Grange circuit court." approved lebraary II. IIW, he, and the same is hereby repealed. Sec I This act lo be in force from " after urn passage, aud tbe fling of a certiSed eopy tl.creol. ui the clerka oftce of the La Crange cirenit court E DI'MONT. Speaker of the House ot Representative. JAS H. I.ANF.. Hi edrut of the 1 Approved Feb. 13. 1851. JOSFPH A WRIGHT
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