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Brevier Legislative Reports, Volume XI, 1869, 431 pp.
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House Bills

Introduced by Mr. Osborn:

H. R. 6. An Act providing for the location, construction and use of lateral Railroads [not exceeding 10 miles in length] and for the assessment of damages occasioned by the location, construction and use of the same.

Approved April 29, 1869. Took effect from and after its passage.

Introduced by Mr. Coffroth:

H. R. 7. An Act to authorize foreign guardian to take possession of, sue for or receipt for personal property or assets of their wards in this State.

Approved May 3, 1869. Took effect from and after its passage.

Introduced by Mr. Smith:

H. R. 11. An Act to fix the times of holding courts in the Eleventh Judicial Circuit, repealing all laws in conflict therewith, and declaring an emergency.

It provides "that the circuit courts in the several counties of the Eleventh Judicial Circuit shall be held as follows, to-wit: In the county of Carroll on the second Mondays of February and August; in the county of Wabash on the first Mondays of March and September; in the county of Miami on the second Mondays of April and October; and in the county of Cass on the second Mondays of May and November."

It provides in section four "that this act shall not affect the times of holding courts in any of the counties named, prior to the first day of July next," and also declares that "an emergency exists for the immediate taking effect of this act.

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therefore it shall be in force from and after its passage."

Approved May 12, 1869.

Introduced by Mr. Williams, of Union:

H. R. 23. An Act to amend an act entitled an "Act regulating general elections and prescribing the duties of officers in relation thereto," approved June 7, 1852, and to amend an act entitled an "Act to provide for township elections," approved June 15, 1852; and to fill vacancies in office occasioned by the provisions of this act, and to repeal all laws inconsistent therewith, and declaring an emergency.

It provides for biennial elections, commencing on the second Tuesday in October, 1870, and abolishes April elections: offices expiring before October, 1870, to be filled by appointment as now provided by law.

Approved April 26, 1869. Took effect from and after its passage.

Introduced by Mr Johnston, of Parke:

H. R. 34. An Act to enable incorporated towns to lay out, open, grade and improve streets and alleys and make public improvements therein, and to make surveys and adopt plats where the same have been lost or destroyed, and prescribing the duties of the Board of Trustees, and providing for the mode of working and improving streets and alleys, and declaring an emergency.

Approved April 27, 1869. Took "effect from and after its passage and publication in the Indianapolis Daily Journal [May 7] and Sentinel" [May 8, 1869.]

Introduced by Mr. Welborn:

H. R. 40. An Act to enable County Commissioners to demand, sue for, and recover any bounty fund which may have been raised by the citizens of any county in the State, and which remains unexpended or not accounted for, and declaring an emergency.

Approved April 28, 1869. Took effect from and after its passage.

Introduced by Mr. Underwood:

H. R. 50. An act to amend sections 1 and 3 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 power 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.

It strikes from section 1 of said act the words "that said town or city had 3,000 inhabitants," and inserts in lieu these words : "Or by any enumeration made by order of the Board of Trustees or Common Council of said city or town, within two years from the date of the receipt of such petition, that said town or city had 2,500 inhabitants."

SEC. 2 makes section 3 of said act conform to the above by striking out the words "3,000," and inserting in lieu "2,500."

Approved April 28, 1869. Took effect from and after its passage.

Inroduced by Mr. Milliken :

H. R. 52. An act authorizing the assessment of lands for plank, Macadamized and gravel road purposes, prescribing the manner of assessing and collecting the same, and repealing the law on that subject, approved March llth, 1867.

Section 1 provides that any Plank, Macadamized or Gravel Road Company, organized or that may hereafter be organized under and pursuant to any act of this State now in force, authorizing the construction of Macadamized and gravel roads having a valid and solvent subscription of at least three-fifths of the estimated cost of construction of said road, such estimate being first made by a competent and disinterested civil engineer, may petition the Board of Commissioners of the county or counties in which such proposed road, or any part thereof, is or may be located, to have assessed the amount of benefit to each tract of land within one and one-half miles of such road, on either side thereof, and within like distance of either end thereof.

It contains twenty-three long sections.

Approved May 14, 1867. Took effect from and after its passage.

Introduced by Mr. Fuller:

H. R. 53. An act to regulate the mileage of Sheriffs in conveying convicts to the State-Prison and repealing all cases in conflict herewith.

It prescribes the mileage of the Sheriffs of each county, going and returning respectively.

Approved May 13, 1869. Took effect from and after its passage.

Introduced by Mr. Coffroth:

H. R. 62. An act to amend section 147 of an act entitled "An act to provide for a general system of common schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith, and prescribing the fees of certain officers therein named, and for the establishment and regulation of township libraries, and to repeal all laws inconsistent therewith, providing penalties therein prescribed," approved March 6th, 1865.

It amends the said section by inserting after the words "English grammar" these words: "Physiology and the History of the United States," and by striking out the last clause, viz : "and the tuition in said school shall be without charge," and inserting in lieu this : "and that whenever the parents or guardians, of twenty-five or more children in attendance at any school of a township, town or city, shall so demand, it shall be the duty of the school trustee or trustees of said township, town, or city, to procure efficient teachers and introduce the German language as a branch of study into such schools, and the tuition in said schools shall be without charge. Provided, such demand is made before the teacher for said district is employed."

Approved May 5, 1869.

Introduced by Mr. Ruddell:

H. R. 64. An act defining what counties shall constitute the 12th Common Pleas District and defining the time of holding courts therein.

It provides that the counties of Marion and Hendricks shall constitute the 12th Common Pleas District." The terms of the Marion courts shall be held "on the first Monday in February, the third Monday in April, the first Monday in September, and the first Monday in November, in each year." In the county of Hendricks, "on the third Monday in January, the first Monday in June, the second Monday in October, in each year."

Approved May 5, 1869. Takes effect on the 15th day of July, 1869.

Introduced by Mr. Osborn:

H. R. 65. An act amending section 15 of an act entitled "An act far the incorporation of manufacturing and mining companies, and companies for mechanical, chemical and building purposes," approved May 20, 1852, and declaring the meaning of the word "annually," as used in the 13th section of said act.

It amends the said section (G. and H. vol. I, pp. 427-8) by inserting in the fifth line after the word "report," these words : "and any person or persons shall be misled or deceived by such false report or certificate, or no account of such failure to make such report, and damaged thereby, then" all the officers who, &c,, and by striking out all after the words "shall be jointly and severally liable," and inserting in lieu this: "for

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all damages resulting from such failure on their part while they are stockholders in such company."

It also provides that the word "annually," as used in section thirteen (13) of said act shall be construed to mean once a year after such company has been doing business at least twelve months."

"The foregoing act was received at the Executive rooms April 27,1869, and not being acted upon within three days thereafter, took effect without Executive approval, April 30, 1869.

"CONRAD BAKER, Governor."

Introduced by Mr. Ruddell:

H. R. 72. An Act defining what counties shall constitute the Fifth Judicial Circuit, and fixing the time of holding courts therein.

It provides "that the counties of Hendricks and Marion shall constitute the Fifth Judicial Circuit." The terms in the county of Hendricks to be held "on the second Monday in April and on the second Monday in November, in each year." In the county of Marion, "on the third Monday in February and the fourth Monday in May of each year, and the third Monday in September, and the first Monday in December of each year."

Approved April 29,1869. Took effect from and after its passage,

Introduced by Mr. Welborn:

H. R. 90. An act creating the 28th and 29th Judicial Circuits ; providing for the election of Judges and Prosecuting Attorneys thereof, and providing compensation therefor; and declaring the jurisdiction of said courts, and providing for a transfer of actions thereto.

It establishes a Criminal Court in the counties of Vanderburgh and Jefferson ; and makes said counties constitute the 28th and 29th Judicial Circuits.

Approved May 13, 1869. Took effect from and after its passage.

Introduced by Mr. Welborn:

H. R. 95. An Act for the relief of John Ingle,and John Ingle, jr.

Approved May 13, 1839. Took effect from and after its passage.

Introduced by Mr. Skidmore:

H. R. 97. An Act authorizing certain County Auditors to correct their reports to the Superintendent of Public Instruction relative to the school fund, Common and Congressional, as required by an act entitled " An act requiring County Auditors to make examination of the records in their office in relation to school funds, and make report, and providing compensation therefor," approved December 21st, 1865, and declaring an emergency.

Approved May 14, 1869. Took effect from and after its passage.

Introduced by Mr. Ratliff:

H. R. 113. An Act to render taxation for common school purposes uniform, and to provide for the education of the colored children of the State.

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That in assessing and collecting taxes for school purposes under existing laws, all property, real and personal, subject to taxation for State and County purposes, shall be taxed for the support of Common Schools, without regard to the race or color of the owner of the property.

SEC. 2. All children of the proper age, without regard to the race or color, shall hereafter be included in the enumeration of the children of respective school districts, townships, towns and cities of this State for school purposes, but in making such enumeration, the officers charged by law with that duty, shall enumerate the colored children of proper age who may reside in any school district, in a separate and distinct list from that in which other school children of such school district shall be enumerated.

SEC. 3. The Trustee or Trustees of each township, town or city shall organize the colored children into separate schools, having all the rights and privileges of other schools of the township. Provided, there are not a sufficient number within attending distance, the several districts may be consolidated, and from one district, But if there are not a sufficient number within reasonable distance to be thus consolidated, the Trustee or Trustees shall provide such other means of education for said children as shall use their proportion according to numbers of school revenue to the best advantage.

SEC 4. All laws relative to school matte s, not inconsistent with this act, shall be deemed applicable to colored schools.

SEC 5. Whereas, An emergency exists for the immediate taking effect of this act, the same shall be in force from and after its passage.

Approved May 13, 1869.

Introduced by the Committee on Corporations:

H. R. 132. An Act to enable cities to aid in the construction of railroads, hydraulic companies and water powers, and declaring an emergency.

It authorizes cities to subscribe to the stock of any water power, hydraulic company or railroad running into or through such city, or near the corporate limits of said city, or "which is intended to connect with any existing railroad running into or through said city, or to make on petition of the majority of the resident freeholders of such city, donations in money or the bonds of such city, to aid," etc.

Approved May 4, 1869. Took effect from and after its passage.

Introduced by Mr. Wildnian, in behalf of the Committee on Elections:

H. R. 140. A bill repealing sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 18, 14, 15, 16, 17, 19, 20, 21 and 22 of an act entitled "An Act to provide for the registry of voters, and to declare their residence, and to punish fraudulent practice? touching elections, and defining the duties of certain officers therein named, and the form of the ballots, and providing compensation for the services of such officers, approved March 11, 1867," and prescribing further duties of the officers of elections, and providing for the appointment of the necessary officers and clerks for holding such elections.

SECTION 1 proposes to repeal sections 2 to 17 and 19 to 22, inclusive of the registry law.

"SEC. 2. It shall be the duty of the inspector of any election held in this State, on receiving the ballot of any voter, to have the same numbered with figures on the outside or back thereof to correspond with the number placed opposite the name of such voter on the poll lists kept by the clerks of said elections."The Trustee shall appoint two qualified freehold, voters, who, together with the inspector, shall constitute a board of election for the township, (and common councils shall appoint three freeholders for each ward,) and such board shall appoint two clerks - these appointments to be made from the different political parties, &c.

It also provides that any township trustee, inspector, judge or clerk of "election, who shall wilfully violate any of the provisions of this act, or be guilty of any fraud in the execution of the duties of his office, he shall be deemed guilty of felony, and be punished for each and every offence by imprisonment in the State prison for not less than one year."

Approved May 13, 1869. Took effect from and after its passage.

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Introduced by Mr. Gilham:

H. R. 158. An Act to amend section 23 of an act entitled "An act to provide for the valuation and assessment of 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 Treasurers and Auditors and the Treasurer and Auditor of State;" approved June 21, 1852.

It amends said section by inserting after the words "specifically taxed," in the seventh sub-division thereof, the following: "Provided that if any such person shall have converted moneys, credits, or other personal property, in the year preceding the first day of January of the current year, into Bonds or other Securities of the United States, and shall hold or control said Bonds or other Securities when he is required to list his property, he shall list the monthly average value of such moneys, credits or other property thus converted while such moneys, credits or other property were held or controlled by him; and provided further, that nay indebtedness of such person or persons represented by him, created by investment in said Bonds or other Securities, shall bot be deducted from the amount of credits in making up his list for taxation."

Approved May 15, 1869.

Introduced by Mr. Stephenson:

H. R. 160. An Act to legalize the official acts of the several Boards of Trustees of the town of Noblesville, Hamilton county, Indiana, and all other officers of said corporation, 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 11, 1852, and all by-laws, rules, regulations and proceedings adopted in pursuance thereof.

It became law without the signature of the Governor. Takes effect from and after its passage.

Introduced by Mr. Stewart, of Rush:

H. R. 176. An Act to establish a Female Prison and Reformatory Institution for Girls and Women to provide for the organization and government thereof and making appropriations.

In forty sections, it proposes the establishment of said Institution within five miles of the city of Indianapolis to be under the management of three persons to be appointed by the Governor, by and with the advice and consent of the Senate, to be known as the Board of Managers ; and for this purpose it authorizes the Governor to receive a donation of land of from three to ten acres. The Institution to be divided into two departments, the one Reformatory and the other Penal both departments to be under the same officers - which officers shall be females the superintendent giving bonds, &c. The females in the State Prison are to be transferred to the penal department as soon as it is completed, and Hereafter every female convict shall be sentenced to this department instead of to the penitentiary. The Board of Managers have the power to discharge any girl in the reformatory department, or bind her out during her minority. $50,000 is appropriated.

"If the sum hereby appropriated should not be sufficient to procure the site, erect and furnish the necessary buildings and fixtures of the Institution, and subsist and clothe the inmates and pay the other current expenses of the Institution until the next meeting of the General Assembly, it shall be competent for the Governor, after the insuffciency of said appropriation shall have been ascertained to his satisfaction, to draw his warrants, monthly, in favor of said Board of Managers on the State Treasury for the cost of the subsistence and clothing of the inmates of said Institution, not exceeding two dollars per week for each inmate, and the number of such inmates to be certified monthly by the Superintendent to the Governor, which certified statements shall be attached to the warrants so to be drawn ; and to pay such warrants a sum of money sufficient for that purpose is also hereby appropriated."

Approved May 13,1889. Took effect from and after its passage.

Introduced by Mr. McDonald:

H. R. 205. An Act to fix the time and length of term for holding the Circuit Court in the county of Marshall.

"On the first Mondays of August and February." "Three weeks, if the business require it."

Approved May 7, 1869. Took effect from and after its passage.

Introduced by Mr. Sleeth:

H. R. 214. An Act supplemental to an act entitled "An act supplemental to an act approved March 5, 1859, entitled an act authorizing the purchasers of railroad, plank roads, turnpike roads, and macadamized roads, or parts there-of,under mortgaged sales or sales made according to the times of the deeds of trust to organize as incorporated companies, and prescribing their powers and extending the time provided in said act for the organization of such distinct corporations by such purchases," approved February 1st, 1867.

It provides a way by which purchasers of turnpike roads, who have acted in ignorance of said act, may save the rights and privileges which would accrue to them under its provisions, etc.

Approved May 27,1869. Took effect from and after its passage.

Introduced by Mr. McDonald:

H. R. 225. An Act to provide for holding the Court of Common Pleas in the counties of Laporte and Marshall, and to repeal the law now in force in relation thereto.

It provides that "the said court shall be held in the county of Laporte on the Mondays suc-3eeding the term's in the county of St. Joseph, as now fixed in St. Joseph county by law, and shall continue three weeks, if the business requires it." "There shall be but two terms of Said court held in the county of Marshall in each year, and the same shall be held on the first Mondays of November and April."

Approved May 7, 1869.

Introduced by Mr. Field, of Lake:

H. R. 294. An Act for the relief of the heirs of Patrick Donovan, deceased.

Approved May 13,1869.

Introduced by the Committee on Ways and Means:

H. R. 309. An act making general appropriations for the years one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy.

Approved April 29,1869. Took effect from and after its passage.

Introduced by the Committee on Ways and Means:

H. R. 311. An act making specific appropriations for the years one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy.

It became a law without the signature of the Governor on the 22d day of May, 1869. Takes effect from and after its passage.

Introduced by Mr. Underwood:

H. R. 321. An Act to amend an act entitled An Act to authorize cities and towns to negotiate and sell bonds to procure means with Which to erect and to complete unfinished school buildings and pay debts contracted for erec

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tion of such buildings, and authorizing the levy and collection of an additional special school tax for the payment of principal and interest of such bonds." Approved March 11, 1867.

It amends section one of said Act by extending its provisions so as to allow thereunder the purchase of grounds and building or buildings for school purposes.

Approved May 15, 1869. Took effect from and after its passage.

Introduced by Mr. Barnett:

H. R. 322. An Act to enable Railroad Companies, which have formed articles of association, naming the places from and to which the proposed roads are to be constructed, to perfect their lines by connections, to preserve their franchises, and to define the extent, character and privileges of the same.

Approved May 4,1869, Took effect from and after its passage.

Introduced by Mr. Cory:

H. R. 332. An Act to fix the time of holding the Common Pleas Court in the Twenty-second District."In the county of Rush on the fourth Mondays of January and July of each year, In the county of Decatur on the fourth Mondays of February and August of each year. In the county of Ripley on the fourth Mondays of May and November of each year."

Approved April 21, 1869. Takes "effect on and after the fourth Monday of July next."

Introduced by Mr. Cory:

H. R. 333. An Act appropriating $60,000 to defray the expenses of the special session of the Forty-sixth General Assembly.

Approved April 23, 1869. Took effect from and after its passage.

Introduced by Mr. Dunn:

H. R. 334. An Act in relation to Criminal Circuit Courts and the Judges thereof; fixing the salaries of the Judges and Prosecuting Attorneys, and providing for the payment thereof.

It legalizes the "official existence of the Judges," and "the proceedings of said courts respectively since the organization thereof." The Judge's term is to be four years and the salary $2,000, the same as now allowed Circuit Judges, to be paid from the treasury of the county or counties comprising such circuit. The Prosecuting Attorney's salary is to be $500.

Approved May 13, 1869. Took effect from and after its passage.

Introduced by Mr. Ruddell:

H. R. 341. An Act creating the Twenty-eighth Judicial Circuit; fixing the time of holding Courts therein; declaring a vacancy in the offices of Judge and Prosecuting Attorney therein ; providing for the election of a Judge and Prosecuting Attorney for the same; providing for a transfer of action and return of process thereto; fixing the time of holding courts in the county of Decatur, in the Fourth Judicial Circuit, and declaring an emergency.

It provides that the counties of Johnson, Shelby, Brown, and Bartholomew, shall be formed into and constitute the Twenty eighth Judicial Circuit of the State: and the Circuit Courts in said Circuit shall be held as follows: In the county of Johnson on the second Monday in March and September in each year. In the County of Shelby on th first Monday of April and October in eachyeij' In the County of Brown on the second Monday in June and first Monday in December in each year, In the County of Bartholomew on the third Monday in June and December in each year."

"SEC. 6. The Courts in the County of Decatur in the Fourth Judicial Circuit, shall be held on the third Mondays of May and November, and shall continue as long as the business may require."

Approved May 5, 1869.

Introduced by Mr. Williams, of Knox:

H. R. 388. An Act to authorize the President of the State Board of Agriculture to fill vacancies in the office of Secretary, Treasurer or Superintendent of the State Board of Agriculture, and declaring an emergency.

It provides that the "appointee shall hold said office until some regular meeting of the said State Board of Agriculture."

Approved May 3, 1869. Took effect from and after its passage.

RECAPITULATION

  • Senate bills passed into acts....... 26
  • House bills passed into acts........ 35
  • Total .............................. 61
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