Mr. DOUGHERTY moved to add to the instructions:
"The consent of the wife, prescribed in the first section, shall be evidenced by a writing her, and attested by a competent witness."
Mr. MELLETT proposed to add: "Provided, that such writing be legally acknowledged, subscribed before a Justice of the Peace, certifying that the wife has not been coerced," &c.
After further debate by Mr. Speaker GORDON (Mr. Branham in the Chair) in favor of the bill, and by Mr. DAVIS in opposition -
Mr. COLLIER declared opposition to Mr. Mellett's instructions.
Mr. MANSFIELD. It seems to be the impression that where the husband is worthless, the wife is a pattern of excellence and virtue. His observation was, that where the husband is worthless, the wife also is defective in character, and he proceeded to object to the bill.
Mr. HALL, of Rush, defended the bill.
Mr. STILES opposed, and moved to lay all the instructions on the table.
Mr. COLLIER demanded a division the first question being on tabling Mr. Mellett's instructions, was lost yeas 30, nays 36.
The House then refused to table Mr. Dougherty's instructions, and then Mr. Dougherty's and Mr. Mellett's instructions were together rejected.
Mr. STILES proposed further to instruct the committee to amend the bill so as to require the husband to obtain the consent of his wife before he shall be allowed to vote.
Mr. MERRIFIELD proposed to add instructions providing that no married man shall sell any part of his property without the consent of the wife, and in case he have no wife, without the consent of the oldest daughter, the next oldest, and so on.
The SPEAKER ruled these to be out of order.
Mr. CAVINS, from the Committee on Claims, reported the papers in the case of the claim of John and Jacob Stofer, and they were referred to the Committe on Ways and Means.
Mr. WILDMAN, from same committee, reported that the claim of Charles W. Seeley ought not to be allowed, which was concurred in.
Mr. MERRIFIELD, from the Committee on Rights and Privileges, returned Mr. Hartley's bill (213) to amend the 27th section of the assessment act of 1852, recommending passage, and it was ordered to be engrossed.
Mr. PARKS, from the same committee, returned certain game law petitions, with a motion to lay on the table, the committee having heretofore reported a bill on the subject.
Mr. COMSTOCK, from the Committee on Roads, returned Mr. Massey's bill (77) revising the supervisors' act; proposing to amend by adding the latter clause of the 3d section of the present supervisor' act; also the 4th section of the present law.
Mr. EARLY could not consent to a law compelling supervisors to serve.
Mr. COMSTOCK. The committee were in favor of the present law, which prescribes a penalty of $6 for a supervisor refusing to serve.
Mr. NEBEKER. What is the supervisors' compensation?
Mr. COMSTOCK. One dollar a day.
The amendments were then adopted, and the bill ordered to be engrossed.
By Mr. STILES - Corporations - returning Mr. Parks' bill (140) revising the city incorporation laws, recommending indefinite postponement, which was concurred in.
On motion by Mr. SNYDER, (under a dispensation) it was -
Resolved,That a special committee of five be appointed, whose duty it shall be to inquire into the propriety and practicability of erecting another State Prison in the north part of the State.
The SPEAKER makes the said committee to consist of Messrs. Snyder, Harrison, Murray, Sherman and Robinson.
NEW PROPOSITIONS.
Mr. MELLETT, (under a dispensation) introduced a bill (248) supplemental to the act to authorize and regulate the business of general banking, and authorizing the Auditor and Treasurer of State to surrender securities deposited in certain cases.
By Mr. STANFIELD: a bill (249) to fix the time of holding Common Pleas in the counties of St. Joseph, Marshall and Starke, and the length of the terms thereof.
By Mr. RITTER, (for Dr. Shields): a bill (250) to compel county boards to declare all roads that have been surveyed and located, which pass through one or more counties, public highways, and prescribing the duty of county officers in relation thereto.
By Mr. DAVIS: a bill (251) relative to the conveyance and purchase of lands sold by executors, administrators and guardians.
By Mr. STANFIELD: a bill (252) repealing the 9th section, and amending 7th section of the page: 178[View Page 178] act of December 21, 1842, to incorporate the South Bend Manufacturing Company.
By Mr. NELSON: a bill (253) to provide for the transfer of real estate for taxes on the books of the county auditor, and preserving the chain of title thereto in the Recorder's office.
By Mr. STANFIELD: a bill (254) making the registry of sales of Michigan Road lands and certified copies of entries of sections therein evidence, and declaring the effect thereof; and making the records of patents and certificates of purchase, and other evidence in writing of the sale of real estate, and certified copies of such records evidence, and declaring the effect thereof.
By Mr. DAVIS: (255) to abolish the complete record of cases in the Supreme Court.
By Mr. COLGROVE: (256) to amend the 71st sec. of the justices' act of June 9, 1852.
By Mr. SNYDER: (257) to provide for the organization of new counties, the representation thereof and the administration of justice therein.
By Mr. DAVIS: (258) to repeal the 5th sec. of the act to authorize railroad companies to consolidate their stock with companies in this State and in the adjoining States, approved February 23 1853.
By Mr. PARRETT: (259) to amend the 22nd sec. of a misdemeanor act - (fine and imprisonment for lewdness and public indecencies.]
By Mr. WATERMAN: (260) to provide for paying witnesses' fees out of the county treasury in certain cases.
By Mr. STANFIELD: (261) to amend the 77th sec. of the practice act of June 18, 1852, [in regard to ruling on frivilous demurrers and sham defenses.]
By Mr. DAVIS: (262) to repeal an act to prevent railroad companies from changing their depots, except on conditions, &c., approved March 4, 1853.
By Mr. CAVINS: (263) to amend sec. 37 of the misdemeanor act [in regard to sale of intoxicating drinks within two miles of religious meetings.]
By Mr. PARRETT: (264) to amend the 74th sec, of the justices' act [all matters of defense, except such as are barred by limitation, shall be given in abatement without plea, under oath, &c.]
Which bills were severally passed the first reading.
On motion by Mr. ROW, (under a dispensation) it was -
Resolved,That the Committee on County and Township Business be instructed to inquire into the expediency of providing by law for the establishment of sections, corners and township lines, where the original corners of such sections and the mark of such lines ought to established, though witness trees may indicate a different corner, &c.; and also where a section is about to be divided up equitably, and report, &c.
On motion by Mr. HAMILTON, of Boone, it was
ResolvedThat in all cases where, in the opinion of the Committee on Ways and Means, it becomes necessary for them to investigate and inquire into the finances of the State, or the conduct of the officers thereof, or the conduct of any trustee of funds entrusted to or belonging to the State, said committee shall have power to send for persons and papers, and compel disclosures under oath.
On motion by Mr. SHERMAN the Senate amendments to his bill (168) were taken up and concurred in.
The Senate amendment to Mr. Merrifield's bill (36) fixing the time of holding courts in the 9th Judicial circuit"the act shall take effect from and after the1st of June, 1859" was concurred in.
Mr. NEBEKER of Warren, (under dispensation) returned from the select committee thereon, the bill fixing the time of Common Pleas in the counties of Warren, Benton and Jasper, recommending passage: and the bill was ordered to be engrossed.
Mr. BROTHERTON, from the select committee thereon, returned Mr. Shull's bill (178) fixing the Common Pleas in the county of Blackford; recommending passage, and the bill was ordered to be engrossed.
On motion by Mr. HARTLEY (under dispensation) it was -
Resolved,That the Committe on the Judicary be instructed to inquire into the expediency of passing a law to carry out the provisions of the 13th article of the Constitution of this State, and report, &c.
On motion by Mr. EDWARDS, the vote above, concurring in the Senate amendments to Mr. Sherman's bill (168,) was reconsidered, and said amendment was amended so as to include "bridge companies incorporated under the laws of this State;" and then the amendment as amended was concurred in, and the Clerk was ordered to acquaint the Senate therewith.
Mr. Smith, of Perry's, bill (145) to provide additional securities to the bondholders and to the people in issuing certificates of stock issued upon the original bonds of the State, coming up it was referred to the Judiciary Committee.
On motion by Mr. PARRETT, his bill (245) authorizing deeds and mortgages heretofore acknowledged before County Auditors, to be recorded, &c., and also that the record thereof be read in evidence, &c., was considered on the second reading and referred to the Judiciary Committee.
Mr. HARRISON, from the Committeee on County and Township Business, returned Mr. Snyder's bill (236) fixing the Common Pleas in Warren, Benton and Jasper, recommending passage.
Also, from the select committee thereon, he returned bill (117) to amend the act providing far opening, vacating and changing highways, &c. recommending passage.
Mr. LAWHEAD, from the select thereon, returned the committees colonization bill (170) recommending passage.
Mr. FORDYCE, from the select committee thereon, returned Mr. Hunter's bill (115) revising the township business act of May 6,1852, recommending passage.
These several bills were ordered to be engrossed.
Mr. HARRISON returned the petition of H. B. Falconbridge, and it was laid on the table.
AFTERNOON SESSION.
The bill (S. 13) in regard to the sale of swamp land,was considered on the second reading; referred to the Committee on Swamp Lands .
The bill (S. 193)the Carnahan liquor bill failed on the order to the third reading.
Mr. Kempf's bill (238; to authorize houses of refuge, &c. was referred to a select committee page: 179[View Page 179] namely: Messrs. Kempf, Shields, Snyder and Waterman.
Mr. Hamilton, of Boone's, bill (242) regulating the fees of county auditors, treasurers and clerks, was referred to Committee on Fees and Salaries.
The committee's bill (247) for the enlargement of the State Prison, coming up -
Mr. SCOTT moved that it be referred to the select committee raised by Mr. Snyder's resolution of this day.
The subject was passed over informally.
Mr. Turpie's bill (243) was referred to the Judiciary.
Mr. Conner's bill (244) was referred to the Committee on Agriculture.
The bill (S. 63) to amend the appraisement law of May 28, 1852 - [Congressional District Boards of Equalization] - was ordered was ordered to the third reading.
The bill (S. 112) to revise the act of March 9, 1857, for the incorporation of cities and towns, was ordered to the third reading.
Mr. HAMILTON, of Boone, (under a dispensation,) reported adversely to Mr. Griffin's bill (219) for the relief of Ira Dibble, and the subject was laid on the table for the present.
Mr. HAMILTON, of Boone, (for Mr. Harney,) introduced a bill (265) to amend sections 8 and 11 of the misdemeanor act - [public nuisances, sale of unwholesome provisions.]
Mr. MURRAY, (under a dispensation,) submitted the following, which was adopted:
Resolved, That a Committee of five, composed of practical printers, be appointed to report a bill fixing the prices of the public printing in this State.
The SPEAKER announced the committe on the above resolution, namely: Messrs. Murray, Miller, Gregory, Jones and Newton.
Mr. BROTHERTON, by leave, introduced a bill (266) to provide for the transfer from the Court of Common Pleas to the Circuit Court, certain cases wherein the Common Pleas have no jurisdiction; which bills were passed the first reading.
The House then adjourned till Monday, 9 o'clock.
