HOUSE OF REPRESENTATIVES.
SUNDAY, June 2, 1861.The House met at 9 o'clock A. M.
Mr. GIFFORD moved that the reading of the journal of yesterday be dispensed with.
It was so ordered by consent.
And then -
The SPEAKER adjourned the House sine die, thanking members and officers for their uniform courtesy to the Chair, and their general good attention to business.
So the second session of the forty-first General Assembly of the State of Indiana was adjourned without day.
Enrolled. Act No. 10, of the Senate.
AN ACT to authorize incorporated cities and towns to execute bonds for the safety and delivery, upon the demand of the Governor of the State of Indiana, of any and all arms distributed to such cities and towns for the use of the military organizations in such cities and towns, and providing when the same may take effect.
SECTION 1. Be it enacted by the General'Assembly of the State of Indiana, That whenever the Mayor and Common Council of any incorporated city, or the trustees of any town in the State of Indiana, shall obtain from the State authorities arms of any kind, to be used by the military organizations of such cities or towns; or whenever any volunteer military organization shall obtain arms from the State, it shall be lawful for the Mayor and Common page: 257[View Page 257] Council of such city, or the trustees of such town, to cause to be executed and delivered to the Governor of the State of Indiana a bond, conditioned according to law for the safety and delivery of such arms in the manner as now by law provided, and said bonds shall have the same force as the bonds with personal security now are held.
SEC. 2. The Governor may, in his discretion, distribute public arms, as herein provided, to any incorporated town or city notwithstanding any law in conflict herewith.
SEC. 3. Whereas an emergency exists, it is hereby declared that this law shall take effect and be in force from and after its passage.
[Approved May 10, 1861. For legislative action thoreon, see pages 22, 29, 52, 53, 84, and 99, of these Reports.]
Enrolled Act No. 8, of the Senate.
AN ACT providing for the appointment of Deputies by certain Officers of this State, who have, or may hereafter, enter the military service of the United States, or of this State, and authorizing such Deputies to perform all the duties of their principals.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all parsons holding civil offices under the laws of this State, except Judges, Justices of the Peace, Notaries Public, and such other officers as are, by the constitution, expressly required personally to perform the duties of their respective offices, who have, or may hereafter enter the volunteer or militia forces called into service under the authority of the United States, or of this State, may appoint Deputies, who shall, during the absence of their principals in such service, have authority to perform all the duties appertaining by law to such office.
SEC. 2. When, under existir g laws the duties of any office may be performed by Deputy, the person holding such office shall not be deemed to have vacated the same by entering into the service named in the preceding section, but the duties'of such office may be performed by Deputy, as if the principal had riot entered into the military service.
SEC. 3. Such Deputies, by this act authorized to be appointed, shall take the oath required of their principals, and be subject to the same regulations and penalties, and shall each file an official bond in the same manner, and in the same penalty, required by law of their principals.
SEC. 4. There being an emergency for the immediate taking effect of this act, the same shall be in force from and after its passage.
[Approved, May 11, 1861. For legislative action thereon, see pages 22, 27, 36, 84, 115, 117, 118, &c., of these Reports.]
Enrolled Act No. 18 of the House of Representatives.
AN ACT to amend the 14th and 18th Sections of holding the Common Pleas Courts in the several counties of this State, the duration of the terms thereof, and making all processes from the present Common Pleas Courts returnable to such terms, and declaring when this act shall take effect, and repealing all laws inconsistent therewith," approved, March 5, 1859.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the 14th and 18th sections of [the above described act. Then section 14th is recited in full.] Be and the same is hereby amended to read as follows:
SEC. 14. In the county of Hamilton, on the first Mondays in January, May and August; in the county of Tipton on the third Mondays in January, May and August; in the county of Howard on the first Mondays in February, June and October; in the county of Clinton on the third Mondays of February, June and October; in the county of Grant on the second Mondays of March, July and November; and the courts shall sit at each term, in each of the said counties, if the business thereof require it, two weeks."
SEC. 2. That section 18, of said act. which reads as follows: [Here section 18 is recited in full.] Be amended so as to read as follows: "In the county of Blackford on the third Mondays of January, May and September; in the county of Delaware on the first Mondays of February, October and the second Monday in June; in the county of Randolph on the third Monday of February, and the fourth Mondays in June and October; and in the county of Jay on the Mondays succeeding the courts in the county of Randolph. The courts shall sit in the counties of Randolph and Delaware two weeks each, and in the counties of Blackford and Jay one week each, if the business requires it."
SEC. 3. It is hereby declared that an emergency exists for the immediate taking effect of this act. It shall therefore be in force from and after its passage.
[Approved, May 11, 1861. For legislative action thereon see pages 33, 41, 99, 114 and 120 of these Reports.]
Enrolled Act No. 19, of the Senate.
AN ACT to authorize the Trustees of the State University to appropriate a certain amount of the University funds for the enlargement of its Cabinet and Library, and directing the State Librarian to transfer certain documents and books herein named to the Library of the State University; also, making the State Geologist a member of the Faculty of the University, and requiring him to deposit specimens in Minerology and Geology in the Cabinet of the same.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the Trustees of the Indiana University shall be authorized to appropriate one thousand dollars out of an act entitled "An Act to fix the times of the proceeds of the sales of the University page: 258[View Page 258] lands, for the purpose of enlarging the Cabinet of the University, and that Professor S. A. Wylie, or such other person as the Trustees may designate, be appointed to take charge of the above appropriation, and expend the same in the purchase of specimens.
SEC. 2. That the State Librarian be directed to transfer from the State Library to the Library of the Indiana University a complete set of the Journals of both Houses of the Legislature, a copy of the Laws enacted since the organization of the State, and of all the Reports from the several Departments of State, and of those received from other States, and from the General Government, together with all other books and documents of which there are duplicates now in the State Library, or shall be hereafter received: Provided, That such books and documents can be spared without injury to the State Library, and that such transfer be made without expense to the State.
SEC. 3. The State Geologist, while he holds his office, shall be regarded as a member of the Faculty of the Indiana University, and he is hereby directed, in his reconnoisances to collect duplicate specimens in Mineralogy and Geology, and to deposit one set of the same in the Cabinet of the State University.
[Approved, May 11, 1861. For legislative action thereon, see pages 100, 115 and 116 of these Reports.]
Enrolled Act No. 3O of the House of Representatives.
AN ACT making appropriations for the Hospital for the Insane.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That, for the purpose of meeting the necessary and current, expenses of the Hospital for the Insane, the following sums are hereby appropriated, viz.: Two thousand dollars for the purpose of purchasing coal for said Hospital; four hundred dollars for roofing, and repairing the roof of the building of said Hospital, and three hundred dollars for bedding for said Hospital.
SEC. 2. And whereas an emergency exists for the immediate taking effect of this act, therefore it shall take effect and be in force from and after its passage.
[Approved May 11, 1861. For legislative action thereon, see pages 52, 99, 114, &c., of these Reports.]
Enrolled Act No. 20 of the Senate.
AN ACT to amend the twentieth section of an act entitled "an act to fix the times of holding the common plens courts in the several counties of this State, the duration of the term thereof, and making all process from the present common pleas courts returnable to such terms, and declaring when this act shall take effect, and repealing all laws inconsistent therewith," approved March 5th, 1859."
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That section 20 of the above recited act, which reads as follows, to-wit:
[Sec 20 is recited in full.] Be, and the same is hereby amended, so as to read as follows, to-wit:
SEC. 20. In the county of Adams on the second Mondays of January, May and September, each year, and shall continue in session one week at each term, if the business require it; in the county of Wells on the Mondays succeeding the courts in the county of Adams, and shall continue in session two weeks at each term, if the business require it; in the county of Huntington on the Mondays succeeding the courts in the county of Wells at the January and September terms, and on the Monday succeeding the fourth Monday in May at the spring term in each year, and shall continue in session two weeks at each term, if the business require it; in the county of Alien on Mondays succeeding the courts in the county of Huntington, and shall continue in session four weeks at each term, if the business require it.
SEC, 2. That all process and orders of said courts heretofore made or issued shall be taken to be and are hereby made returnable to the first terms of said courts respectively, as fixed by this act.
SEC. 3. Whereas, as an emergency exists for the immediate taking effect of this act, the same is hereby declared to be in force from and after its passage.
[Approved May 23, 1861. For legislative action thereon see pages 140, 146 and 153 of these Reports.]
Enrolled Act No. 43 of the House of Representatives.
AN ACT to legalize the incorporation of towns under "An act for the incorporation of towns, defining their powers, providing for the election of the officers thereof, and declaring their duties: approved June 11th, 1852, and all by-laws, rules, regulations and proceedings adopted in pursuance thereof."
WHEREAS, The above entitled ac.t, forming a part of the revised statutes of 1852, in consequence of unexpected delay in the distribution thereof, did not go into force and become the law until the 6th day of May, 1853; AND WHEREAS, before said day, in sundry of the counties of the State, where said revised statutes had been delivered, towns were incorporated, and by-laws adopted, and rules and regulations established, and other proceedings had, upon the supposition and under the belief that said act was in force; AND WHEREAS, many acts have been done by such towns then incorporated which were supposed to be legal, but which have since been discovered not to be, therefore,
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the incorporation of all towns within the State, under said act, before the same went into effect, be, page: 259[View Page 259]and the same are hereby legalized, and rendered valid as though the same had been done after the taking effect of said act.
SEC. 2. That all by-laws, rules and regulations, ordinances, assessment of taxes, and any and all proceedings, of any and every kind and description, of such towns be and the same are hereby legalized and rendered valid, as though such towns had been legally incor porated in the first place.
SEC. 3. An emergency exists requiring the immediate taking effect of this act, therefore this act to be in force from and after its passage.
[Approved May 30, 1861. For legislative action thereon, see pages 138, 164, 168, 182 and 215 of these reports.]
Enrolled Act No. 37 of the Senate.
AN ACT defining what shall constitute certain felonies, and fixing the penalties therefor.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That any person or persons who shall unite or combine with any other person or persons, for the purpose of committing a felony, or any person or persons who shall, knowingly, unite with any other person or persons, or body or association, or combination of persons, whose object is the commission of a felony or felonies, shall be guilty of a felony, and upon conviction shall be fined in any sum not exceeding five thousand dol lars, and be imprisoned in the State prison not less than two nor more than twenty-one years; Provided, That in any indictment under this section it shall not be necessary to charge the particular felony which it was the purpose of such person or persons, or the object of each person or persons, or body, association or combination of persons to commit.
SEC. 2. It is hereby declared that an emergency exists for the immediate taking effect of this act, and that the same shall be in force from and after its passage and publication in the Indiana State Sentinel and Indianapolis Journal.
[Approved May 31, 1861. For legislative action thereon, see pages 142, 162, 212 and 235 of these Reports.]
Enrolled Act No. 42 of the Senate.
AN ACT to amend an act providing for serving process upon the officers, directors, attorneys or agents of any railroad company, approved March 4th, 1853.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That section first of an act providing for serving process upon the officers, directors, attorneys or agents of any railroad company; approved March 4th, 1853, which reads as follows:
"SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all writs, warrants or other process issued or to be issued from any Court of competent jurisdiction in this State, against the President of any railroad company, whose principal office is not within this State, may be served upon any officer, director, attorney or general agent of said company, and such service shall be as binding and of the same effect as if the same had been served upon the President of the company; Provided, however, That process shall not be served upon any officer, director, attorney or general agent, who may be plaintiff in the suit, or who may have any interest therein, against such company; Provided further, That at least thirty days' notice shall be given of the time and place of the pendency of said suit," be and the same is hereby amended to read as follows, to-wit:
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all writs, warrants, or other process issued or to be issued from any Court of competent jurisdiction in this State, against the President of any railroad company whose principal office is not within the State, may be served on any officer, director, conductor, attorney, or general agent of said company, and said service shall be as binding, and of the same effect as if the same had been served upon the President of the company; Provided, however, That process shall not be served upon any officer, director, conductor, attorney, or general agent, who may be plaintiff in the suit, or who may have any interest therein, against such company; Provided further, That at least fifteen days' notice shall be given of the time and place of the pendency of said suit.
SEC. 2. It is hereby declared that an emergency exists for the immediate taking effect of this act, and that it shall take effect and be in force from and after its passage and publication in the Indiana State Sentinel and Indiana Journal.
[Approved May 30, 1861. For legislative action thereon, see pages 150, 153, 188 and 218 of these Reports.]
Enrolled Act No. 36 of the Senate.
AN ACT to change the time of holding the Common Pleas Court in the counties of Carroll and Tippacanoe, and to make all process returnable thereto.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That section fifteen of an act entitled "An Act to fix the times of holding the Common Pleas Courts in the several counties of this State, the duration of the terms thereof; and making all process from the present Common Pleas Courts returnable to such terms, and declaring when'this act shall take effect, and repealing all laws Inconsistent therewith;" approved March 5th, 1859, which reads as follows:"
SEC. 15. In the county of Benton on the first Mondays of January, May and September; in the county of White on the second Mondays of January, May and September; in the county of Carroll on the fourth Mondays of January, May and September; in the county of Tippecanoe on the third Mondays of March, June and December; said courts shall, if the business require it, sit in Benton one week, White two, Carroll three, at each term, and in Tippecanoe while the business shall require it;" be amended so as to read as follows:
SEC. 15. In the county of Benton on the first Mondays of January, May and September; in the county of White on the second Mondays of January, May and September; in the county of Carroll on the fourth Mondays of January, the second Mondays of June and the fourth Mondays of September, and in the county of Tippecanoe on the third Mondays of March, the first Mondays of July, and the third Mondays of December; said courts shall, if the business require it, sit in Benton one week, White two, Carroll three, at each term; and in Tippecanoe while the business shall require it.
SEC. 2. All writs, subpoenas, veniries, rules, orders of Court, recognizances, publications and process whatever, which may have issued in said counties, shall be deemed and taken to be and are hereby made returnable on the first day of the first terms to be holden in virtue of this act.
SEC. 3. It is hereby declared that an emergency exists for the immediate taking effect of this act; it is therefore declared that the same shall take effect and be in force from and after its passage, and the Secretary of State is hereby directed to immediately cause this act to be published the Indiana State Sentinel and the Indianapolis Journal.
[Approved May 31, 1861- For legislative action thereon, seepages 142, 2!2 and 245 of these Reports.]
Enrolled Act No. 48 of the House of Representatives.
AN ACT to amend sections 78, 79, 94, 95, 104, 142, and 143 of an Act entitled "An Act to provide for the valuation and assessment of the real and personal property, and the collection of taxes in the State of Indiana, for the election of Township Assessors, and prescribing the duties of Assessors, Appraisers of real property, County Auditors and Treasurers, and of the Treasurer and Auditor of State," approved June 21st, 1852, and to repeal an act entitled " An Act to amend the one hundred and forty-third section of an act entitled an act to provide for the valuation and assessment of the real and personal property, and the collection of taxes in the State of Indiana, for the election of Township Assessors, and prescribing the duties of Assessors and Appraisers of real property, page: 260[View Page 260] County Treasurers and Auditors, and of the treasurer and Auditor of State," approved June 21, 1852, approved March 4, 1859.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That section seventy-eight of said act which reads as follows, to-wit: [section 78 is recited in full,] be, and the same is amended to read as follows: "Sec. 78. The County Auditor shall estimate in dollars and cents, rejecting fractions of a cent, and set down on such duplicate in one column the State, County, School, Sinking Fund, Township, Road, and all other taxes chargeable on the valuation of property contained in such duplicate, including, also, the Poll Tax for State, County, and all other purposes, and he shall set down, in a separate column, the amount of taxes on all property returned delinquent for any preceding year, and remaining unpaid, and a penalty of ten per cent, on the same, with interest from the time of return, and shall carry out the aggregate amount into a column of totals.
SEC. 2. That section seventy-nine of said act, which reads as fol'ows, viz.: [see. 79 is recited,] be amended to read as follows, to-wit: Sec. 79. He shall add up and set down on each page of such duplicate, the several columns containing the valuation of real and personal estate taxes charged, and the number of acres, carrying the same forward from page to page, to the close of each township, and at the end of the duplicate he shall recapitulate the several townships, and apportion the amount of taxes levied on the polls and property in each township, and set down in separate columns the amount of State, County, School, Township, Road, and all other taxes levied, and add up and set down the aggregate of the above for the whole county.
SEC. 3. That section ninety-four of said act, which reads as follows, viz.: [sec. 94 is recited,] be, and the same is amended to read as follows, to-wit: Section 94. Immediately on receiving such duplicate, he shall proceed to collect the same, and for that purpose shall attend at his office at the seat of Justice until the third of March next thereafter.
SEC. 4. That section ninety-five of said act, which reads as follows, viz.: [sec. 95 is recited,] be, and the same is hereby amende ' to read as follows, viz.: Sec. 95. He shall forthwith cause notice to be posted up at the Court House door, and in three other public places in the county, and also cause the same to be published in some newspaper having general circulation in his county (if any there he) for three weeks successively, stating in such notice the amount of tax charged for State, County, School, Hoad, or other purposes on each one hundred dollars valuation of the taxable prop erty ; also, the tax on each poll for State, County, or other purposes.
SEC. 5 That section one hundred and four, which reads as follows, viz.: [sec. 104 is recit ed,] be, and the same is hereby amended to read as follows, to-wit: Sec. 104. The Treasurers shall be allowed for their services in making such collections five per centum on the amount of all such collections of delin. quent taxes, payable in just proportion out of each fund collected, and shall also be allowed constable's fees and mileage from the place of holding elections in each township to the residence of such delinquent tax payer which shall be collected from such tax payer.
SEC. 6. That section one hundred and forty. two of said act, which reads as follows, viz.; [sec. 142 is recited,] be, and the same is hereby amended to read as follows, to-wit: Sec. 142. Between the first and fifteenth days of December, annually, the County Auditor shall 'make out and record, in a book provided for that purpose, a list of all lands returned and remaining delinquent for taxes, describing such lands as the same are described in such duplicate, and charging them with the amount of delinquent tax, with interest, and a penalty of ten per centum on such taxes; also, with the date when the same was recorded, and sign the same officially.
SEC. 7. That section one hundred and forty-three of said act, which reads as follows, viz.: [sec. 143 is recited,] be, and the same is hereby amended to read as follows, to-wit: Sec. 143. He shall cause a copy of such list to be immediately published for lour weeks successively, once in each week, in a newspaper having general circulation in his county, (if any be printed therein,) at a cost not to exceed thirty cents for each line of tabular description, valuation and taxes, in such list, and in case the publisher of such newspaper should refuse to publish the same on the terms herein provided, it shall be the duty of the Auditor to have said list printed in handbill, form on the best terms that can be had, three copies of which shall be posted up in public places in each township 01 his county, at least four weeks before the day of sale, to which shall be attached, and in like manner published, a notice that, so much of said lands as may be necessary to discharge the taxes, interest and charges thereon, or due from the owner thereof at the time of sale, will be sold at public auction, at the Court House in such county, on the first Monday in February next thereafter.
SEC. 8. In advertising a'ids and town lots for sale for taxes, it shall only be necessary to state in the aggregate the amount of taxes, penalty, interest and costs due thereon, including the taxes for the current year.
SEC. 9. That an act to amend the one hundred and forty-third section of an act entitled li An Act to provide for the valuation and assessment of the real .and personal property, and the collection of taxes in the State of Indiana, for the election of township assessors, and prescribing the duties of assessors and appraisers of real property, county treasurers and auditors, and of the Treasurer-and Auditor of State, approved June 21, 1852,'' approv-
