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Brevier Legislative Reports, Volume X, 1869, 704 pp.
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THE BREVIER LEGISLATIVE REPORTS.

TENTH VOLUME.

INDIANA LEGISLATURE.

IN SENATE.

THURSDAY, January 21, 1869.

The Senate met at ten o'clock a. m.--Lieutenant Governor Cumback in the Chair.

The Secretary's journal of yesterday was read.

PETITIONS AND MEMORIALS.

The PRESIDENT pro tem., Cravens in the Chair--

Mr. REYNOLDS presented a memorial from a Committee appointed by the State Board of Agriculture,praying for a minerological survey of the State, etc.

It was referred to the Committee on Printing.

Mr. KINLEY presented a petetion from the Committee of the Indiana Temperance Alliance, remonstrating against all license laws.

It was referred to the Committee on Temperance.

Mr. CAVEN presented a claim of Judge E. Powell, for money spent while in the Insane Hospital.

It was referred to the Committee on Claims.

REPORTS FROM COMMITTEES.

Mr. JAQUESS, from Committee on County and Township Business, returned the real estate appraisers bill [S. 6] with amendments recommending its passage. The report was concurred in and the amendments were adopted.

Mr. CASE, from the same Committee, returned the appraisers bill [S. 7] recommending that it lie on the table, as the bill above reported covers the ground. The report was concurred in.

Mr. JAQUESS, from the Committee on Claims, returned the claim of James Blake agent of the State at Gettysburg, recommending its allowance.

It was referred to the Committee on Finance.

Mr. ROBINSON of Decatur, from the Road Committee, returned the bill [S. 57] to amend section six of the highway act, with a recommendation that it lie on the table.

Mr. STEIN returned the bill [S. 25] concerning witnesses, from the Judiciary Committee with a favorable report thereon.

Mr. CAVEN, the chairman of the same Committee, returned the change of venue bill [S. 31] recommending that it lie on the table.

Mr. CAVEN stated as the opinion of the Superior Court that a bill need not recite the section to be amended, but only the section as amended.

Mr. ROBINSON of Madison, returned from the same Committee the bill [S. 29] amending section seventy of the justices act, recommending its passage.

These reports were concurred in.

The Secretary read a message from the Governor, embodying a report of his reprieves, commutations and pardons; a report of drifts in the east fork of White river, where the a canal crosses it; also a report of National Cemetery at New Albany; also papers concerning the Michigan City harbor, the Getttysburg Cemetery, and papers concerning the Lincoln Monument--asking aid.

Mr. SCOTT returned the witness bill [S. 14 from the Judiciary Committee, recommending that it lie on the table.

Mr. STEIN, from the same Committee, returned the bill [S. 24] to amend section seventy-eight of the practice act, recommending amendments.

Mr. HOWK, from the same committee, re page: 157[View Page 157] turned the surety release bill [S. 20] recommending that it lie on the table.

Mr. SCOTT, from the same committee, returned the executor's bond relief bill [S. 19] with the same recommendation.

Mr. ROBINSON, of Madison, returned the bill amending section 27 of the Will act [S. 28] with the same recommendation.

Mr. RICE, from the same committee, returned the bill [ H. R 10] amending section forty-three of decedent's estate act, recommending amendments which were agreed to.

Mr. CAVEN, from the same committee, returned the bill requiring officers' reports [S. 33] recommending its reference to the Committee on Public Printing.

Mr. HANNA, as requested by the Chairman of the Judiciary Committee, returned the Judges salary bill [S. 45] and the evidence bill [S. 37] the first with a favorable and the second with an adverse report thereon.

Mr. RICE, from the Committee on Corporations; returned Senate bill No. 18, to empower colleges to hold real estate, recommending that it lie on the table.

These reports were concurred in.

RESOLUTIONS.

Mr. FISHER offered the following which was adopted:

RESOLVED, That the Commettee on Elections be instructed to inquire into the expediency of separating all laws in relation to holding township elections on the first Monday in April in each year, and of providing by law that all officers, excepting municipal officers, be elected at the general election in October, and that township officers now acting shall continue to act until after said election, with leave to report by bill or otherwise.

Mr. HADLEY introduced a resolution of inquiry, addressed to the Judiciary, concerning the payment of witnesses in certain cases, which was rejected.

Mr. JOHNSON, of Montgomery, offered a resolution, which was adopted, requiring the Secretary of State to report the amount of stationery furnished the State Printer, the amount of work done and the cost thereof, for two years past, designating the amount for each year, at his earliest convenience.

BILLS FOR ACTS

Were introduced, read the first time and referred to appropriate committees, viz:

By Mr. REYNOLDS, a bill [S. 79] declaring who shall be the heirs of decedents' estates declaring what debts shall be paid by the widow of a deceased husband, the amount such widow shall hold as against creditors, and repealing all laws in conflict with this act.

It was referred to the Committee on the Judiciary.

By Mr. GRAY, who had not examined it, but offered it at the request of Treasurers and Auditors of the 9th Congressional district, [S. 80] to amend the December 21, 1858, appraisement act.

It was referred to the Committee on County and Township Business.

By Mr. DENBO, a bill, [S. 81] to legalize the appraisement of real estate, regulating titles, etc., made in 1864.

It was referred to the committee on County and Township Business.

By Mr. HUFFMAN, [S. 82] concerning plank roads and gravel roads, and regulating tolls, etc.

It was referred to the Committee on Roads.

By Mr. CHURCH, a bill [S. 83] amending section two of the act making registers of sales, etc., evidence, approved March 9, 1859.

It was referred to the Committee on the Judiciary.

A message from the House announced the passage of a concurrent resolution, appropriating moneys to the Harrisons and others, of Pike county, for expenses incurred in procuring the release of Daniel Harrison, under a joint resolution of last session.

Mr. TURNER desired the suspension of the rules in order to take it up, and desired the join resolution passed by the Legislature, and section eighteen of the appropriation act read. He stated that the Harrisons were poor, but very worthy citizens of Pike county, and the money they asked for was the actual amount expended in procuring the release of Daniel Harrison, who was arrested in Mississippi for a crime by mistaken identity, and his release was procured only after much trouble and expense. On his motion, the Senate at once proceeded to Consider the resolution.

The concurrent resolution was adopted.

By Mr. CHURCH, [S. 84] to repeal section thirty-one of an act concerning real property and the alienation thereof, approved May 6, 1852.

It was referred to the Committee on the Judiciary.

By Mr. GRAY, [S. 85] amending section 60 of the city incorporation act, concerning aid to roads, etc.

It was referred to the Committee on Corpor-tions.

By Mr. DENBO, [S. 86] for the protection of growing fruit, and repealing all laws in conflict therewith.

It was referred to the Committee on Rights and Privileges.

By Mr. CAVEN, [S. 87] authorizing the organization of voluntary associations, and repealing all acts in conflict therewith.

It was referred to the Committee on Corporations.

By Mr. WOLCOTT, [S. 88] amending the three hundred and nineteenth section of the general practice act.

page: 158[View Page 158]

It was referred to the Committee the Judiciary.

In the orders of the day--

The bill, [H. R. 8] authorizing appraisers to appoint deputies; fixing their compensation, etc., was read the first time and referred to the Committee on County and Township Business.

The bill, [H. R. 1] fixing the times for courts in the twentieth judicial district, was read the second time and passed to the third reading.

On motion of Mr. CARSON, the rules were suspended by yeas 45, nays 0.

The bill was read the third time and finally passed by yeas 48, nays 0.

The files being clear--

At a quarter before twelve o'clock the Senate took a recess of ten minutes.

When the time of the recess had expired--

The PRESIDENT pro tem. said he was informed that the House of Representatives were in waiting for the Senate, and that Senators would immediately repair to the Hall of the House.

When the Senators returned to their chamber--

The Senate took a recess till two o'clock p. m.

AFTERNOON SESSION.

The Senate met at 2:35 o'clock.

Mr. SCOTT offered a resolution, which was adopted, that when the Senate adjourn it adjourn to meet at ten o'clock to-morrow morning.

On his further motion the Senate took a recess (for half an hour) till three o'clock p. m.

The hour of three o'clock having arrived Senators proceeded directly to the Hall of Representatives to meet the House in joint convention for the purpose of balloting for United States Senator.

When Senators returned to their chamber--

The Lieutenant Governor in the chair--

The Senate adjourned till ten o'clock tomorrow morning.

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