Western Sun & General Advertiser, Volume 16, Number 50, Vincennes, Knox County, 28 January 1826 — Page 1

WESTERN SUN & GENERAL ADYERHSEE.

BY ELI11U STOUT. VINCENNES, (1ND.) SATURDAY, JANUARY 28, 1826. Vol. 16. No. 30. n muni iwia

v 7'J1S !FESTEIL SU.K I aPPe(1 accordingly by the governor, IS published at Two Dollars and but if ,m one person shall have a majority 7IFTY cents, for Fifty. lvo .vUmAer,!o5bUchn0mTrVhenamllnlhaCaSC

i i- t.. i u.. .u ; inc iruvernor snau seioee one person uom

those nominated as aforesaid, whom he

which may be discharged by the payment of TWO DOLLARS at the time

of Subscription. Payment in cj unco lcirir llic mutunl interest of both parties, that mode is solicited. A failure to notify a wish to discontinue at the expiration of the time subscribed for, will be considered a new engagement No subscriber al liberty to discontinue until all arrearages are paid. Subscribers must pay the postage of their papers sent by mail. Letters by mail to the Editor on business nuist'bc paitt, or they will not be attended to. Advertisements inserted oh the cus-

tomavy terms. i'ei sons sencimg ivuvertiscmcnts, must specify the number ot times they wish them inserted, or they will be continued until ordered out, and must be paid for accordingly.

shall appoint. And the said Judge so to be appointed as aforesaid, shall hold his office during the term of seven years, and

all times, under the crdcr and direction of said Judge. 6. Writs of error may be issued from, and appeals taken to the Supreme court of the state, or the Ciicuit court of the

proper county, on any order or decree, fi- i nal or intei locutory rendered by the said :

,&fon 3 counties, .50 QACU Pets. 30 probates : aelms. granted 10 certificates or attestation, at Si is 8 orders in each of oO cases, 400 crders at 10 cents, is 20 settlements at Si is 10 do at S- 30 is 5 do at p is -

30 10 40 25 f -

Judge; and appeals may be taken to, or 1

until his successor be qualified, and shall writs of error issued. horn the Supreme j x niotmt of fees Si 50. Total S3C0 receive the following compensation, to s court on any judgment of the Circuit ! I he lees allowed for the certificates of wit ; In salary, Sl50 per year, to be paid ! court on any deciec or order of the sid orders made a' the Judges Chambers a- o semi-annually, by the county treasurer of j Judge; Provide!, That said apprals and not taken info vkw in me above caiculaeach of said counties, at the rate of S50 . writs of error shall in all cases be govcr- , Jion because in as much as the seivico per year by each county. And in fees as i ncd by the rules and restrictions, so far ! i in its nature extra, it is conceived that

follows: on each probate of will, and ! as the same may apply, now applied to j the compensation should a'so be extra.

each letter ot administration, granted, , wntsot error trom. 3c appeals to the buconfirmed or allowed by him 1 on each ! preme court on the judgments of the Cirfmal sett ement, when the amount flc cuit courts in other eases; and that the inventory and appraisement docs notex- i said Circuit coutt in the tiial of any writ cced S50, when the amount of )C of error or appeal, on any order ot dectee

mventoiy ar.cl appraisement l more than ot said Jucgc, shall be governed by the

S250, but does not exceed glCOO, 32 jOc and when the amount ot the invenwuy and appraisement exceeds Si 000, 5 on each o'.der or decree made by him 10

propet conn; y. and by pub.icatioit at least

. a

!1

tefm

Ibu' time s ia the btv ,p q a - said eounlu-s Amfsjiu.l id a- . Ovhe: terms el his c Mi l in -and d;i like notice and pub.icuiiuu a.s deem necessai v. di od iii..t li.v

saiii Judge shall always be o en af Chambjrs, u net ever lie mav reside or

la

';; h

c i a :rs, he i a n v

I

o!

is

in saiu do' i ici . tor the

lass

de-pa

Prrjvilt dh I h.it ii';Mjii.t!i!i

'h I husi-

U '!KC

I )H THE WESTER N SUN. Mr. :out. The difficulties attending the proper settlement ot decedents es tates under the Probate system of our state, has for a loag time afforded matter ofseiious consideration to most reflecting people. Most of the diiTiau'ties are occasioned by t'ae manner in which the Probate laws are administeicd. The associate judges., as citizens distinguished most g:nerady by their intelligence, good sense, integrity Sc independence, as judges want that thorough acquaintance with the laws, and that aptitude for business, and faeili y ia dispatching it, so necessary far the prompt and energetic administration of tne laws, which only legal cducat: , and a long e.ontinucd practice at the la real give. Every good citizen must i e i 'amsv it deeply interested in the vigorous execution ff i iws made for the protection of the tncud'cs the weak, and the ignorant, of widows and orphans. And every man d 'business is gieatly concerneti fat Pobae settlements should be s)cefiilv and cj i -djly m -.de, with as little wast od 'el: I vdoiot the c'cccdents estate -as p sst'olc rs-.c- g eat )bjccts can only be sccUrcc by p'anng th admiai -t atian of the law , ;eg'ilHl'g Poba' bu-ines ia tilt lraudiS id MK'ii coavaa s; it uidithe law c legal p h a 1 e d i a g s , a-;d qualified by their education St basiuess r,abits, with prompt-iu.-s aad eae:gv to execute the law acv

corun.v t- 1 true intent anel meaning.

v. trtv iat odu '. d t!ie present

u'1 d ihc on v Migument eveLused ia favor of it, is its cheapness. The uiiea iaswlii

cieney ox ue pTesem auuunis, , auo js j t, uoul(jer or dctiec u.ade bv tn; vald ii. i .i i. . a. .. : t . -

proven oeoua an uouuv u yuxi.y cNpe-i. j jxv al lab Chambers si. ad be .Ma I v

en co t'ae mtter experience ot tn.e credita. s of abnast every esta-e in tiie count: y. To i c-at d if possible the evil at ptesent j udeaa d, and to secure to tiie people of lv'ao, Sulliati and Vigo counties, an impiov jd adaiinistration et the pioaate laws', K i1- p -ep iscd to petition the legislatuie at tliei:- tjext scsioti far a tircit jc', to

ex! ;d enU to the counties of Knox,Sul-

iivaa and Vi and of the provisions of' v. !iic!i the following is proposed ta be I he ci:t:av s. j . A . i'CT regulating the administration' of t !Y.v.uc .aws ia the counries of; K a, .u!livan and Vigo. i I. T!e ceiiniiesut K?ox, SuUivan S V go, sb 1 be lormed iiito one Disliiet, vi.irh shab be called the Ivtiox, Sudivan

and Vu'a Ibebue district; and that ad the ju; isdh'ti mi. pawer and authority by the l avs of tlu state vested in iho assgeia'.e jadees ia said eounlies as judges of Probate, and ad the (.r q:nal juiisdielion touching the tuhniuisi i atio, sctilement and d.it i!)Uion ofthaMdeuts estates, and the -ale of lands ot decedents for the pavntent of debis, by any law s of this state vesledi a the Circuit con: tv of the said counties, and full v-vtul complete juiisdico:i in and over all matters k things vhat soever, touching the pta btte vf wdls,the grafting of administrations, the settlement Sc distribution of dtcedcuts estates, sand the guardianship of the persons and estates, ieal and personal, of infants, ideeits and lunatics, m the said counties, shall

rules now pica'-'cd by law far the Suprt n c court ii- " '.vzv cases. 7. Whet her tne Judge aforesaid shall be interested, or shall have been en-

cents and on every ceit licate ofauesta- gaaed as attorney or counsel, in anv nmttion given by iom S' Provided ahvaijs, '. let or ca'ise pending before him, the said That the said Judge shall at the spring ; Judge shall urder such tut'er or cause, term of the Ciieuit coutt in each of said and all the vourhcis, evidence c papers counties in every year, m?ke his icpoii thereto bclotging, ar a cooq d.ete cepy ur.elci oath in open ceiurt, of the amount of al! the proceeding: ia l is couitoasue h of the above fees received by him e'uung ! mattt-r or cause to be sent to the Cbcuit the preceding year, and in such teport court of the pi opcr ceurrtv, which coutt particularly elesignate the auicunt oi eacli thcietrpon shall have lull jus isdiction f description of the above fen s. And if the , I he saire to filial deciec and execution

amount of said fees in a:iv one vcar slsall And that nothing in this act sliail be so ! year

It is also suggested that tnc adoption

ofthcabnvc plan would cause an actual gain to the county tieasiitics. The piopcrty oi peisons dying without heirs is by law appropriated to the counties. Hut under the present administration of the law., settlements and distribution unless called lor by persons interested, are not even cxf.ccitd to be made, much less made, anel coi seqmnMy much money, the proceeds ot estates without claimants, is now in the hands of admit isti ators", and wiil remain with them until payment to the com. ties is compelled. It is teajuested that gentlemen of intelligence and public spiiit will examine this pi op siti n, will suggest surh alterations as they may deem advisable, and if they approve: of it, take some troubit in

rheulanng petitions duiing the ensuing

exceed the sum of S350, th.cn the amount construed as to prevent the said Judge of such excess shall be by him paid, one ; from practising law in the other com is of third thereof to each of said cct:ntie, to this state in all causes whatever, other .Si the respective treasurers of said courses thin matters of probate jurisdiction. at the then next ensuing term of ids cVIrt j 8. This act shall be in fotce fom and

in each of said eountic.v and thai iho one ; after the 1st dav of , 12!

UNUS.

Janoa;v 20, 18C6.

' lie I. a'.nr of the Western Hegistcr, at Itt: !l..utc, is i e quested to pubtisli t!ie abo c.

T R E A . U 1 L IV S R E r O R T. I lu re pot t of the Secretary of the Tier su y vas ubmitted io C n.'jess on tlit 2 2d ult. It is one of the most able papeis we have cir si en iiom that ' pauiiicnt. Vc have not

i loom to pi.i, i ,ih it eirire, and n us' rcn-

prov i

thitd part aforesaid, of said excess- -died! ded ncv crthelsss, that the associate j'idgbe a debt due from the said judge to the 1 cs, atid the Circuit courts of said countie s said comities respectively, far thotccov- shall continue to exeicise their juiisdic cry of w hich. on failure by him to pay as ; tion in matters of prol ate, he. until the aloiesaid, an action maybe instituted 5:". ! appointment and qualification of,. Judge bcluuf of said county against him, his ex- ; under this act, any thing heiem eoatain.d ecutors or administrators as in other casec i to the contrary r.otvviihs'and'nttr.

3. I hc said Judge shall hold three The writer of the above sketcli well ! u,,t otiiies lor the piesei.t to gtvc

term ot his court in eaeh year, at l! a , !:aowMhat it is not perfect, but he becourt house in each of said counties, at i'u.ves that his acquaintance with ti e sub-

such times as he shall appoint, bv naticc ! icet is r.eatdv as ir "d as that of anv man 1,1 5' al c!sc ot 1824, is stated a1 Rl,

for thirty davs at tl e Cka :;'s ofn .'e of the In thce counties, ahhouidi much, time i 9 l5' 597 ,3- Thc actual tecc ipts fiom

has not been occupied with it, he hopes ! .sources tor 1825 is estimated at &26,ihat v.hen investigated with an eve to the ; 78 ! 44 56, which, added to the balance ear! i,:oios(d. it will not be foui el veiv ! "bovc, made a divposablc find lor the

d'd' ctivc.

i,

some oi its most interesting tieudls

1 he balance lemainn tr in the Ticas-

' i- n .. - . .

It is now submitted to the! I'yw i li,U4i 69 l his si m i i . . w k., a. a .. r . ii - i? k

I'oU.u- iho .mMrtnms anr n in:::if,iK i :i va hoiuui us lonows; on nit:

may be suggest-(1 through the medium j ci'11 Llil 'p'niatic dcpai tncnts, inclttof the press? Tha' lac anocii.lmet.t ot a ' l,inbr a sum for n isccih.m ous puiposts,

Ja 5io IG Tor thu mir.taty service Sl,b9u,ai0. I:or the Navy department S'7,t5G o7. To; tl c tccluctior. of the

rompe'ent peisii under litis proposition wi'lseetne t'ovig tous .uln.it ,isti,'i ;u

oi tacpiot)ite av-s, tne speeoy )vnunt

in the

given ta alt t'ae p.ti lit. a inie i esua!, t a ii I'etitsof iitieanies. ot evttv ao;x r ,

eii-oe'.t ai ot s-id Jud. sh ad! he ' ol dec dents debts according lu the i m s Pub,ic cItbl' S' I 74 987 79. Tin dis-

ac maae jt

id a Ch.am'-.ei s

a.

'o

ol e qr.it y, and a timey settlement h dis-tid.jui;-ai ol ait i s'ales, must he evident To 'ln din a fi'o ;av tent p.. r-on let the of-

:iee, a i evso; an-e run p t.satnai 'oust be

lu.t sen. cuts h.i the Ii ridi cti.nu r fl the

ear aiestinatd a 3 255 (.05 v. lot h, add i el to thi ta.. s a' c c st,.ud, n al il.e lot -.l evpci drupes h i the year R2..443,-

iid or e iVectua', uuti! a ceitilieale ot sre'i oider or electee uader the seal 1" s,dd Judge s!aa!l have been tiled in the C'.eikV. oilioe of the proper ceuuty. which e-ati-ficate shall hy the CletU of saiil eeua.iy be spread on the Ibobate re t otals of said

or

counlv ; at. d that li e said Judge shall be

emit ic el to demand and receive

lor c erv

eei tih aute ma'.e as ahatsait! and the said Cietk ft'' rounding the same, 6) cts. ie.r each bundled wo'ds therein.

i. 1 he court ot the said Judre shall

be'a coutt of record, and shall iav, a seal j lh lL pcposed pirn ior ihe fust thiee j

in each ol said counties, to be des" tailed !

nncxtdioit ai d it is necessary H at ti.ts . "79 9l- 1 1"- d ducted Lorn the re

ceipt-, leaves a bntonrc m t!ic '! teai'n y, on tne 1st Januai), 13JG, S5,'2o4.0Cl 78. A art of this balance, it is t maikcd by the eiceietary, cannot be counted upon any estimate ol tflectivc funds for the pub ic service. About one million of it eonsists ot debts due trom banks vbo?c notes were received duiing the suspension ol specie payments. '1 he amount ol the public debt, on the 1st Oct. 1825, was g8o.985, 537 72. About twenty milih.ns of this sum, including a little using thirteen millions of the Revolutions! y debt still unpaid, is redeemable ai the pleasure of the government. About sixteen millions will be

compensation shou'd be, made without a

nv ii.eaease d esnensc to the ntate

e. unties $?As0 ii considcicd lobe ihe ' .-mauesi cean j)ensatien that could be con- ! sidered icaaonablc, S500 ihe highest. j The expeme f the associate judges on account of probate business is presumed , to be neanv S 5 5'd lH'r year, to th.e thiee

caua'de- T2 das in each county every year, is a vcay moderate avcraje, Zz two judges at 2 cacti per day, fur ;2 davs,

gives 18 ner year. Hut it is presumed

years will only eost the Counties &'26 eaeh,

bv him. The s dd Judre shall have lull )CV year ar.cl ai;er mice ytais, anowmg

ii.,,,..,. ,.,. -i.i! ;'",,,. ,u ,.,. for the inrrtasc cf nonulation. less lhan

:un.i n.ui amm,'i m tu i:3v, an juiii Jill- ' , , , , i . q 'I i,ri-p m r in Ktmv 's'ii l ' i v i. fVL TCile emabic the present v car, and the. arcvss as mav he necessary to cam the ! iheicatc m kuox, ru..iv.ujyr.ck ; j '

imrtfis eranted to Ii in hv this :.rr ia,wl. Vigo, at toast tu.setiieei cases, most " " ",av " " S

' lect, to make rules for the auditim- ot aft pi.ably 450 many causes may, h Wllwcuis to

, counts, and such other : tilts of cent t as l'ej P' h jbl ilc lcr ll e nnal settlement ol ma

V.'j

may deem neci ssary, to epp-oint a ptciai i n

auditor or auditors when ncccssatv.

to allow reasonable fees hu the auditing of accounts. All psocctdtngs in the court ol the said Juelge shab be by bill oi petition. When by bill, the picaehngs shall be governed by ihe laws, lulcs aud usages governing proeecditigs on the Chanccrv side of the courts ol this state ; when by petition, no answer or other pie idiners shall be nccessaiv, unless oteleted tor special cause by said Judge.

)PH

5. Whenever the same shall be r.crcssaty the said Judge shall have full power and authority to appoint lUcciv e t s of Ids

be veMed in, k be csctcised by the judge court, to direct atal regulate the a

.a'H.n k'n.iv. Snllivnn and iro Ptobatc of the seem itv to be inven hv vaid H(V

, i ..... iv.iv.i) i.i.i..".. o J

di'iict. ! vers, and to deteimme the suhicier.cy ot Thr t:iid Judr-e shall be appointed the same It shall be the duty of such Uev

bv the governor in manner hdiowing : the ceivcrs. to receive all sums of money paid

Circuit courts of the said counties shall into said court, and the moneys or other e ach nominate and u commend one per assets of any decedents estate, and the son ta th a governor for said appointment, money or other pirtuerty ef any iutant, iand if anv pet son shall have a tnajotity of deot or lunatic, v. hetev tr diiecttd by said Uwh iivmiinaiionsj s.uch person shall be Judg?, at;d to hold and apply the same at

of these caes, 'wo and three ytais

so that for the fust tiuee years the settlements n.itrht be calculated at 30 new cases, and at least en the avenge, 1(0 old cases, and tlicieloie ler the fust three veats the compensation may be calculated to aveiage as follows, at the least : Salary, 3 counties, at S0 each, SlO " t .a JO pix.bate s c'v udmiiiistratiuiis ;r.o,tid, - - 30 10 Ceitiricates of attestation, - Q s orders in each of UU c.scs, 'Z00 e r-

ders at 10 ce nts, 7.5 settlement e,t Si each, e.i da at S2 a cah,

20 da at S3 each,

75 100

Artiount ef fevs S. T lal S5?2 The execs over 350, the highest amount of tecs allowed the Judge-is ?7'2, eu- S'i to lie paid by him into each eoun t tieasuiy. -The following is the lowest possible Calculation, and in it nothing is allowed for the excessive quantity of unsettled probate business, nor for the gradual inctcusc of our population

interrupt it, the whole amount

will he extinguished in 1835 or 6 With

these cmcoui aging views of 'he public debt, the Sccrtiaiy has deemed it unnecessary to rtcommci d any other mcasutes in it, than the borrowing of sufficient sums in two loans to equalize the ree:eml.tion of each year. In calculating ihe revenue for 1826, it is estimated by theSecretaiy that the receipts into the treasury I rum all sources, will be g -5.500,000. The expendituies for the same ear, including ten millions of ihe public debt, arc estimated at g20,584 730 02, which, deduct d fre.m the receipts, will leave a ba'arce in the treasury on the 3 1 st of December next, of ne arly five millions ol elollais. From the Sect clary's remaiks on the Mibjcct of revenue, we ltutn trutt the exficr s for the past year exceeded bv al out seventeen minims of dollars, the aveiagc cxpnits of the three veais precedii g. The i.v;;or: exceed by about II millions the vanic aveiagc. 1 he operation of the tatifTisnot lully ascertained It is staled, however, that, up to the piesent peiiod it has had no effect to tlimirdth the ag-