ACTS OF THE GENERAL ASSEMBLY.
Acts and Joint Resolutions Passed by the Forty-sixth General Assembly of the State of Indiana, at the Special Session, Begun and Held in the City of Indianapolis. April 8, 1869; Embracing the Number of the Bill, its Author's Name, Title, description, and the Time the Law takes Effect, with Date of Approval.
[PREPARED BY W. H. DRAPIER,]
Except when otherwise stated, these Acts take effect on the publication of the Laws, the time of which will be made known by Proclamation.
S. 17. An Act to regulate the sale of Patent Rights, and to prevent fraud in connection therewith.
SECTION 1 provides that it shall be unlawful for any person or persons to sell or barter, or offer to sell or barter any patent right in any county within this State without first filing with the Clerk of the Court of such county copies of the letters patent duly authenticated; and his affidavit that such letters patent are genuine and have not been revoked or annulled; and that he has full authority to sell the right so patented, setting forth his name, age, occupation and residence; and if an agent, the name, occupation and residence of his principal; which said clerk shall give a copy of said affidavit to the applicant, who shall exhibit the same to any person on demand.
SEC. 2 provides that the words "given for a patent right," shall be inserted in any written obligation taken by him for a patent right.
SEC. 3 provides that any violation of this act shall be deemed a misdemeanor, punishable by fine not exceeding $1,000, or by imprisonment in the jail of the proper county not more than six months, at the discretion of the court or jury trying the same; and that the offender shall be liable to the party injured in a civil action for any damages sustained,
"This bill was presented to me April 20, 1869, and not having been acted upon within three days thereafer, it took effect without Executive approval on teh 23d day of April, 1869.
"CONRAD BAKER."
Introduced by Mr. Bellamy:
S. 48. An Act providing for the protection of the banks of water-courses by securing the bushes growing along said banks from the ravages of stock.
It provides that "persons living or owning property along any water-course in this State that is navigable for boats of large size are hereby authorized to hang gates at or near the top of the bank across any road leading down the bank and terminating at said water course, save in the limits of incorporated towns and cities."
Approved by the Governor April 21, 1869.
Introduced by Mr. Denbo:
S. 51. An Act to amend section nine and repealing part of section sixteen of "An Act concerning the partition of lands," approved May 20th, 1852.
It amends section 9 of the act of May 20, 1852, by striking from the first line the words "confession or," and adding to said section these words: "but if upon trial of any issue, or upon default, or by confession or consent of parties, it shall appear that the lands of which partition is demanded cannot be divided without damage to the owners, then, and in that case, the court in its discretion may order the whole or any such part of the premises to be sold as provided for in section eighteen of this act."
It also repeals "so much of section sixteen of said act which requires the report and judgement to be recorded on a separate book kept for that purpose,"
Approved May 14, 1869.
Introduced by Mr. Denbo.
S. 58. An act to amend section sixteen of "An act regulating the fees of officers and repealing former acts in relation thereto," approved March 2d, 1855.
It provides that every juror in the Civil and Criminal Circuit Court or Court of Common Pleas, and every Grand Juror sworn for his service as such shall be paid by the county, two dollars per day and four cents mileage, and every juror before a Justice seventy-five cents per day to be taxed with the costs of suits.
Approved April 20, 1869. Took effect from and after its passage.
Introduced by Mr. Wolcott:
S. 64. An Act authorizing voluntary associations, formed under the act entitled "An Act
page: 250[View Page 250]concerning the organization of voluntary associations and repealing former laws in reference thereto," approved February 12th, 1855, to acquire title to lands that have heretofore been used as burial places and acquire additional adjoining lands for burial purposes, and declaring an emergency.
SECTION 1. Title may be acquired under said act to "any lands which for the period of five years prior to any application for title to and possession of the same, under the provisions of this act, shall have been used as a public place of burial for deceased persons."
SEC. 2, The amount of lands-the graves, "and so much in addition thereto as may reasonably be necessary for their proper ornament and to protect them from desecration, and for convienent ingress and egress to and from said lands, and in addition thereto, such reasonable quantity of adjoining lands as the public convenience of the neighborhood may from time to time require for burial purposes."
SEC. 3. In case of disagreement as to the amount of lands, or the price thereofupon application, certificate, &c., the Township Trustee to determine the amount of land and the value thereof to be conveyed, "which certificate acknowledged by any officer authorized to_ take the acknowledgements of deeds shall pass title, arid the right of possession of said lands to said association." "the price adjudged to be paid for said lands being deposited in the hands of the Township Trustee," &c., for the benefit of the owner, &c.
Approved May 14, 1869. Took effect from and after its passage.
Introduced by Mr. Church:
S. 83. An Act to amend section two of the act entitled " An act making the register of sales of Michigan Road Lands, and certified copies of entries therein, evidence; and declaring the effect thereof; and making the records and 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;" approved March 9th, 1859.
It amends by adding a proviso : " That, where any deed or instrument concerning the title to real estate has not been recorded within three years after its execution, neither the record thereof, nor copy of such record, shall be admissable in evidence as against the heirs of the party who executed such deed or instrument, or his or their assigns, unless offered in behalf of parties who have been in actual possession thereunder of the lands therein described."
Approved May 4, 1869. Took effect from and after its passage.
Introduced by Mr. Church:
S. 84. An act to repeal section thirty-one of the act entitled "An act concerning real property and the alienation thereof," approved May 6th, 1852.
This section thirty-one of the said act provides that conveyance proved may be read in evidence in any court.
Approved May 4,1869. Took effect from and after its passage.
Introduced by Mr. Bradley.
S. 90. An Act to amend the 34th subdivion of section 53 of an act entitled "An Act to repeal all general laws now in force for the incorporation of cities, and to provide for the incorporation of cities,and prescribing their powers and rights, and the manner in which they shall exercise the same ; and to regulate such other matters as properly pertain thereto, "approved March 14th, 1867 and declaring an emergency.
It inserts the words "on all public grounds belonging to such city," in lieu of these words: "and provide for the appointment of harbor and wharf masters and port wardens." It also adds to the 34th subdivision a provision author the Common Council to compel owners of lands to construct sea walls for the protection of the banks therof.
Approved April 24, 1869. Took effect from and after its passage.
Introduced by Mr. Howk:
S. 110. An act to create the Twenty-fifth Judicial Circuit, providing for the appiontment and election of a Judge and a Prosecuting Attorney therein, and for their compensation: declaring the jurisdiction of the courts in said circuit, and providing for a transfer of actions thereto.
It provides for the establishment of a Criminal Circuit Court in each of the counties of Floyd and Clark.
Approved April 23, 1869. Took effect from and after its passage,
Introduced by Mr. Bradley:
S. 134. An Act to authorize and encourage the construction of levees, dikes and drains, and the reclamation of wet and overflowed lands by incorporated associations, and to repeal all former acts relating to the same subject.
It became law without the signature of the Governor. Takes effect from and after its passage.
Introduced by Mr. Eliott:
S. 146. An Act to amend section eight of the act entitled An Act to allow County Commissioners to organize turnpike companies where three-fifths of the persons representing the real estate withtin prescribed limits petition for the same and levy a tax for its construction, and provide for the same to be free, approved march 6, 1865.
It amends section eight by adding authority to turnpike companies to construct branch roads of not less than two miles in length, by petition as provided in the first section of the above recited act; and by legalizing all acts and orders of such companies for the purpose of establishing branch roads.
Approved May 15, 1869. Took effect from and after its passage,
Introduced by Mr. Stein:
S. 156. An act accepting certain donations from John Purdue and others, and locating and naming the college contemplated by the act of Congress, approved July 2, 1862: providing for its organization and management; adding a member to the Trustees of the Indiana Agricultural College, and changing the corporate name of said Trustees, and declaring an emergency.
"SECTION 3. In consideration of the said donation by John Purdue, amounting to $150,000 and the further donation of one hundred acres of land appurtenant to the Institution, and on condition that the same be made effectual, the said Institution, from and after the date of its location as aforesaid, shall have the name and style of "Purdue University;" and the faith of the State is hereby pledged that said name and style shall be the permanent designation of said Institution, without addition thereto or modification thereof.
"SEC. 4. From and after the date of the location made as aforesaid, the corporate name of the Trustees of the Indiana Agricultural College shall be "The Trustees of Purdue University, and they shall," etc.
"SEC. 5. In further consideration of his said donation, John Purdue shall, from and after the taking effect of this act, be added as a member, to said Trustees of thh Indiana Agricultural College, and he shall also be a member of said Trustees of Purdue University. Should he at any time cease to be such member, he shall be continued as an advisory member of said Trustees, and he shall, during his life-time, have visitorial power for the purpose of inspecting the property, real and per
page: 251[View Page 251]sonal, of said University, recommending to the Trustees such measures as he may deem necessary for the good of the University, and investigating the financial concerns of the corporation. And he is authorized to make report of his examination, inspection and inquiries to the General Assembly at any session thereof.
"SEC. 6. This act shall be subject to future amendment or repeal, except so far as it provides for acceptance of donations, the location of the College, and the name and style thereof, and the rights and privileges conferred upon John Purdue.
Approved May 6, 1869. Took effect from and after its passage.
Introduced by Mr. Stein:
S. 161. An act to provide for the organization of savings banks and the safe and proper management of their affairs.
It contains fifty-six sections.
Approved May 12, 1869. Took effect from and after its passage.
Introduced by Mr. Stein:
S. 194. An act to make an appropriation for the payment to the Sinking Fund of money advanced to pay the expense of the erection of the building for the use of the Supreme Court and officers of State.
Appropriating $52,101 55 principle, $4,385 22 interest, and transferring the same to the Sinking Fund - repayment in full for money advanced to erect a building for State offices.
Approved May 14, 1869. Took effect from and after its passage.
Introduced by Mr. Stein:
S. 215. An Act to authorize aid to the construction of railroads by counties and townships taking stock in and making donations to railroad companies.
Section 1 provides "That whenever a petition shall be presented to the Board of Commissioners of any county in this State, at any regular or special session thereof, signed by one hundred or more freeholderes of said county," or by twenty-five freeholders of a township, "to make an appropriation of money to aid a railroad named in such petition, then duly organized under the laws of this State, in the construction of a railroad in or through such county" or township, as the case may be, "by taking stock in, or donating money to, such company to an amount specified in such petition, not exceeding, however, two per centum upon the amount of taxables upon the amount of the taxable property of such county or township on the tax duplicate delivered to the Treasurer of such county for the preceding year, it shall be the duty of such Board of Commissioners, after being satisfied that such petition has been properly signed by the freeholders of such county or township, to cause the same to be entered at full length upon their records."
"SEC. 2 The board of Commissioners shall take said petition under advisement, and thereupon order the polls in the several voting places of the county or of the particular township, as the case may be, to be opened on a day to be named in the order, which shall be not less than thirty, and not more than sixty days thereafter, and the votes of the legal voters of said county, or of the particular township named in said petition, to be taken upon the subject of aiding in the construction of such railroad, as prayed for in said petition. The judges," etc.
"SEC. 13. No county or township shall be authorized, under the provisions of this act, to appropriate to exceed two per centtum upon the taxables of such county or township, as said taxable shall appear upon the tax duplicate of the county in any one period of two years."
Approved May 12, 1869. Took effect from and after its passage.
Introduced by Mr. Cravens:
S. 231. An act to amend section two of "An act to provide for a State Debt Sinking Fund for the payment of the principle and interest of the Five and Two and a half per cent. stocks of the State therin named; prescribing the duties of the Auditor, Treasurer and Agent of State in relation thereto," approved December 21, 1865.
It makes the Governor a member of the Board of State Debt Sinking Fund.
Approved April 20, 1869.
Introduced by Mr. Bird:
S. 239. An act authorizing the classification of the Board of Directors of Railroad Companies.
It provides that the Board of Directors of any Railway Company whose road passes through this State into adjoining States shall, by lot or otherwise, so classify the members thereof that one fourth (as near as may be) shall terminate, their official terms as Directors at the first next annual election thereafter, arid one-fourth a,f each subsequent election.
Approved May 15, 1869.
Introduced by Mr. Hess:
S. 246. An Act to amend sections four, thirteen and fifteen of an act entitled "An act to establish a home for the maintenance of sick and disabled Indiana soldiers and seamen, and their orphans and widows," approved March llth, 1867, and supplementary to said act.
It increases the appropriation for the current expenses of the Home fifty cents "per week for each and every inmate or person connected with said Home," and adds to section thirteen of the act above referred to these words : "which warrants shall be paid out of any moneys appropriated for the maintenance of said Home until the same is exhausted, and then out of any moneys in the Treasury not otherwise appropriated."
Approved May 14, 1869.
Introduced by Mr. Lasselle:
S. 255. An Act to save pending suits affected by the passage of an act entitled "An act to repeal sections forty-three and forty-four of an act entitled 'An Act prescribing who may make a will, the effect thereof, what may be devised, regulating the revocation, admission to probate, arid contest thereof, approved May 31st, 1852,' approved December 21st, 1865."
It became law without the signature of the Governor. Takes effect from and after its passage.
Introduced by Mr. Sherrod:
S. 284. An Act to provide for the erection and, repair of any bridge across a stream forming the boundary line'between two Counties, and to repeal all laws inconsistent therewith.
Approved May 14, 1869. Took effect from and after its passage.
Introduced by Mr. Henderson:
S. 286. An Act supplementary to an act entitled "An act to incorporate the Franklin Insurance Company," approved February 13th, 1851, authorizing said Company to change its place or business, to increase its Capital Stock, [to any sum not exceeding five hundred thousand dollars,] contract for and receive the rate of interest established by law.
It became law without the signature of the Governor. Takes effect from and after its passage.
Introduced by Mr. Robinson, of Madison:
S. 290. An Act creating the 26th Judicial Circuit, and fixing the times of holding Courts therein, and fixing the times of holding Courts in the Fourth Judicial Circuit.
It provides "that the counties of Union, Franklin, Dearborn, and Ohio, shall be formed into and constitute the 26th Judicial Circuit; and the Circuit Court in said Circuit shall be, held as follows: In the county of Union, on the first Mondays in January and July; in the county
page: 252[View Page 252]of Ohio, on the second Mondays of February and August; in the county of Dearborn, on the second Mondays in March and September; and in the county of Franklin, on the first Mondays of May and December.
It also provides that the Courts in the 24th Judicial Circuit shall be held as follows : In the county of Fayette, on the third Mondays of March and September; in the county of Rush, on the second Mondays of April and October, and continue three weeks, if the business shall require ; in the county of Shelby, on the Mondays following the terms in the county of Rush, and shall continue five weeks, if the business shall require; and in the county of Decatur, on the Mondays succeeding the terms in the county of Shelby.
Approved April 22, 1869. Took effect from and after its passage.
Introduced by Mr. Cravens:
S. 320. An Act to amend the first section of "An act to fix the time of holding the Courts of Common Pleas in the Fifth Judicial District, revealing all other laws on the same subject, and declaring when this act shall take effect." Approved February 9th,1867,legalizing the acts of certain of said Courts,repealing the act on same subject, approved February 24th, 1869, and declaring an emergency.
It provides "that the Common Pleas Courts in the Fifth Judicial District shall, after the taking effect of this act, be held as follows : In the county of Dearborn on the third Mondays of January and July: in the county of Switzerland on the second Mondays of March and September ; in the county of Ohio on the second Mondays of April and October; in the county of Jefferson on the third Mondays of June and December."
Approved April 23, 1869. Took effect from and after its passage.
Introduced by Mr. Bird:
S. 330. An Act to amend the first section of An Act entitled "An Act to empower railroads to build branches to neighboring coal mines," approved December 19th, 1865.
It amends the section referred to by increasing the distance the road may be built from "ten" to "thirty" miles; and adds a proviso "that no railroad company shall build any such branch railroad if the owners of one-third of its stock objects thereto."
Approved May 15, 1869.
Introduced by Mr. Cravens:
S. 337. An Act to make appropriations for certain purposes and upon certain conditions,and making provision for the current expenses of the Benevolent Institutions of the State in cases where the State fails to make the necessary appropriations therefor.
It provides "that whenever there shall be failure at any regular biennial session of the General Assembly to pass an appropriation bill or bills, making appropriations for the objects and purposes hereinafter mentioned, it shall be lawful for the Governor, Secretary and Treasurer of State, until appropriations shall be made by the Legislature, to direct the Auditor of State to draw his warrants on the State Treasury for such sums as they may from time to time decide to be necessary for such purposes respectively, not, however, exceeding the amounts appropriated for the same objects respectively by the last preceding appropriations which shall have been made by the General Assembly, and to pay such warrants as may from time to time be drawn and presented, a sufficient sum of money is hereby appropriated.
SEC. 2 provides that "the objects qr purposes for which such warrants may fee drawn shall be the following, viz : For the necessary current expenses of the Hospital for the Insane; for the like expenses of the Institution for the Deaf and Dumb; for the like expenses of the Institution for the Blind; for the like expenses for the Soldiers' Home, and for the like expenses for the House of Refuge."
Approved May 12, 1869. Took effect from and after its passage.
Introduced by Mr. Smith:
S. 338. An Act defining what Counties shall constitute the Tenth Judicial Circuit, and fixing the time of holding Courts therein.
It affects the counties of Huntington, Whitley, Wells, Adams and Allen.
Approved May 3, 1869. Took effect from and after its passage.
Introduced by Mr. Hooper:
S. 18. A joint resolution accepting and ratifying a certain amendment to the Constitution of the United States.
WHEREAS, Congress has, by a two-thirds vote, proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by the Legislatures of three-fourths of the States, shall be valid to all intents and purposes as a part of said Constitution, namely:
ARTICLE XV.
SECTION 1st. The rights of the citizens of the United States to vote shall not be denied or abridged by the United States, or by any State an account of race, color or previous condition of servitude.
SEC. 2d. The Congress shall have power to enforce this by appropriate legislation.
Therefore, be it resolved by the General Assembly of the State of Indiana, That said Fifteenth Amendment to the Constitution of the United States is hereby accepted and ratified on the pan of the State of Indiana.
[House Bills that have become Acts will be printed in to-morrow's paper.]House Bills.
