NIGHT SESSION.
The seventh proposition - to amend section 25 of article 4 so as to read: A majority of all the members to each House shall be necessary to pass every bill or joint resolution; and every bill to district the State for legislative purposes shall require a vote of two-thirds to pass it, and all bills and joint resolutions so passed shall be signed by the presiding officer of the respective Houses. It was rejected - yeas, 26; nays, 45.
The eighth proposition - to amend section 29, article 4, so that no regular session of the General Assembly shall extend beyond the term of 100days, and no special session beyound the term of forty days - was lost - yeas, 47; nays, 23.
The ninth proposition - to amend section 2, article 7, so that there shall be elected not less than five nor more than seven judges of the Supreme Court, to serve six years; the first bench of judges elected hereafter to be divided into three classes - the first class to serve two years, the second four years, the third six years, so that one class shall be elected biennially forever thereafter. It was agreed to - yeas, 66; nays, 12.
The tenth proposition - to strike out all the sections in article 13, and insert the following: No political municipal corporation of this State shall ever become indebted in any manner or for any purpose, to an amount exceeding five per cent. of the total valuation of the property in such corporation, to be ascertained by the last assessment previous to such act of indebtedness, and all bonds in excess of such amount by such corporations shall be void. It was ordered to the journal and agreed to - yeas, 60; nays, 13.
Pending the consideration of the foregoing report, a message from the Senate proposing another committee of conference, and asking for the appointment of another on the part of the House of Representatives, to consider the disagreeing votes as the public printing and binding bill, [H. R. 526] whereupon the same was promptly ordered, and the Speaker appointed Messrs. Walker, Jones and Eward.
And then, after the consideration of items in the specific appropriation bill [H. R. 535], and the general appropriation bill [H. R. 531], and the reports from Committees of Conference to accommodate and compose the disagreeing votes between the two Houses, and after concurrence therein,
At 12 o'clock midnight, the House adjourned till Monday morning 9 o'clock.
AN ACT TO DIVIDE THE STATE INTO CIRCUITS FOR JUDICIAL PURPOSES, FIXING THE TIME OF HOLDING COURTS THEREIN, ABOLISHING THE COURTS OF COMMON PLEAS, AND TRANSFERRING THE BUSINESS THEREOF TO THE CIRCUIT COURTS, AND PROVIDING FOR THE ELECTION OF JUDGES AND PROSECUTING ATTORNEYS IN CERTAIN CASES.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the State, for judicial purposes, shall be divided into thirty-eight circuits, and shall be constituted and held as hereinafter provided.
Sec. 2 The counties of Vanderburg and Posey shall constitute the First Circuit.
Sec. 3. The counties of Warrick, Spencer, Perry and Crawford shall constitute the Second Circuit.
Sec. 4. The counties of Harrison, Washington and Jackson shall constitute the Third Circuit.
Sec. 5. The counties of Floyd and Clarke shall constitute the Fourth Circuit.
Sec. 6. The counties of Jefferson and Scott shall constitute the Fifth Circuit.
Sec. 7. The counties of Jennings, Ripley and Switzerland shall constitute the Sixth Circuit.
Sec. 8. The counties of Dearborn and Ohio shall constitute the Seventh Circuit.
Sec. 9. The counties of Decatur, Fayette and Rush shall constitute the Eighth Circuit.
Sec. 10. The counties of Bartholomew and Brown shall constitute the Ninth Circuit.
Sec. 11. The counties of Orange, Lawrence and Monroe shall constitute the Tenth Circuit.
Sec. 12. The counties of Gibson, Pike and Dubois shall constitute the Eleventh Circuit.
Sec. 13. The counties of Knox, Daviess and Martin shall constitute the Twelfth Circuit.
Sec. 14. The counties of Putnam and Clay shall constitute the Thirteenth Circuit.
Sec. 15. The counties of Vigo and Sullivan shall constitute the Fourteenth Circuit.
Sec. 16. The counties of Owen, Morgan and Greene shall constitute the Fifteenth Circuit.
Sec. 17. The counties of Johnson and Shelby shall constitute the Sixteenth Circuit.
Sec. 18 The county of Wayne shall constitute the Seventeenth Circuit.
Sec. 19. The counties of Henry and Hancock shall constitute the Eighteenth Circuit.
Sec. 20. The counties of Marion and Hendricks shall constitute the Nineteenth Circuit.
Sec. 21. The counties of Boone and Clinton shall constitute the Twentieth Circuit.
Sec. 22. The counties of Warren, Vermillion and Fountain shall constitute the Twenty-first Circuit.
Sec. 23. The counties of Montgomery and Parke shall constitute the Twenty-second Circuit.
Sec. 24. The counties of Tippecanoe and White shall constitute the Twenty-third Circuit.
Sec. 25. The counties of Hamilton and Madison shall constitute the Twenty-fourth Circuit.
Sec. 26. The counties of Delaware and Randolph shall constitute the Twenty-fifth Circuit.
Sec. 27. The counties of Wells, Adams and Jay shall constitute the Twenty-sixth Circuit.
Sec. 28. The counties of Miami and Wabash shall constitute the Twenty-seventh Circuit.
Sec. 29. The counties of Grant, Blackford and Huntington shall constitute the Twenty-eighth Circuit.
Sec. 30. The counties of Cass and Carroll shall constitute the Twenty-ninth Circuit.
Sec. 31. The counties of Benton, Jasper, Newton and Pulaski shall constitute the Thirtieth Circuit.
Sec. 32. The counties of Lake, Porter and Starke shall constitute the Thirty-first Circuit.
Sec. 33. The counties of Laporte and St. Joseph shall constitute the Thirty-second Circuit.
Sec. 34. The counties of Marshall, Kosciusko and Fulton shall constitute the Thirty-third Circuit.
Sec. 35. The counties of Elkhart and Lagrange shall constitute the Thirty-fourth Circuit.
Sec. 36. The counties of Steuben, Dekalb and Noble shall constitute the Thirty-fifth Circuit.
Sec. 37. The counties of Tipton and Howard shall constitute the Thirty-sixth Circut.
Sec. 38. The counties of Franklin and Union shall constitute the Thirty-seventh Circuit.
Sec. 39. The counties of Allen and Whitley shall constitute the Thirty-eighth Circuit.
Sec. 40. The terms of said Court in the First Circuit shall be held in the County of Vanderburgh, on the first Monday of February, the fourth Monday of April, the first Monday of September, and the third Monday in November, in each year; and in the county of Posey, on the page: 259[View Page 259] Monday succeeding the Courts in the county of Vanderburgh. The Courts in county of Vanderburgh, shall continue six weeks, and in the county of Posey, three weeks at each term, if the business thereof requires it.
Sec. 41. The terms of said Court in the Second Circuit shall be held in the county of Warrick, on the first Mondays of January, April, July and October, in each year; in the county of Spencer, on the Mondays succeeding the Courts in the county of Warrick; and in the county of Perry, on the Mondays succeeding the Courts in the county of Spencer; in the county of Crawford on the Mondays succeeding the courts in the county of Perry. Such Courts in the counties of Warrick, Spencer and Perry shall continue three weeks, and in Crawford two weeks at each term, if the business thereof requires it.
Sec. 42. The terms of said Court in the Third Circuit shall be held in the county of Jackson on the first Monday of February, the fourth Monday of April, the first Monday of September, and the third Monday of November, of each year; iu the county of Harrison, on the Mondays succeeding the Courts in the county of Jackson; and in the county of Washington, on the Mondays succeeding the Courts in the county of Harrison. The Courts in the county of Jackson shall continue two weeks, in the county of Harrison and Washington, three weeks at each term, if the business thereof requires it.
Sec. 43. The terms of said Court in the Fourth Circuit, shall be held in the county of Floyd, on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November, of each year; in the county of Clark, on the Mondays succeeding the courts in the county of Floyd. The courts in the county of Floyd shall continue five weeks, in the county of Clark five weeks, at each term, if the business thereof requires it.
Sec. 44. The terms of said court in the Fifth Circuit shall be held in the county of Jefferson, on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Scott, on the Mondays succeeding the courts in the county of Jefferson. The courts in the county of Jefferson shall continue eight weeks, and in the county of Scott two weeks, at each term, if the business thereof requires it.
Sec. 45. The terms of said Court in the Sixth Circuit, shall be held in the county of Ripley, on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday of November of each year; in the county of Jennings on the Mondays succeeding the Courts in the county of Ripley; and in the county of Switzerland, on the Mondays succeeding the Courts in the county of Jennings. The Courts in the county of Ripley shall continue four weeks, in the county of Jennings, three weeks, and in the county of Switzerland, three weeks at each term, if the business thereof requires it.
Sec. 46. The terms of said Court in the Seventh Circuit, shall be held in the county of Dearborn, on the first Monday in February. the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Ohio, on the Mondays succeding the Courts in the county of Dearborn. The Courts in he county of Dearborn shall continue eight weeks, and in the county of Ohio two weeks at each term, if the business thereof requires it.
Sec. 47. The terms of said Court in the Eighth Circuit, shall be held in the county of Decatur, on the first Monday of February, the fourth Monday in April, the first Monday in September, and the third Monday of November in each year; in the county of Rush, on the Mondays succeeding the courts in the county of Decatur; and in the county of Fayette, on the Mondays succeeding the courts in the county of Rush. The courts in the county of Decatur shall continue four weeks, in the county of Rush four weeks; and in the county of Fayette three weeks, at each term, if the business thereof requires it.
Sec. 48. The terms of said court in the Ninth Circuit shall beheld in the county of Bartholomew, on the first Monday of February, the fourth Monday of April, the first Monday of September, and the third Monday of November of each year; in the county of Brown, on the Mondays succeeding the courts in the county of Bartholomew; and in the county of Brown on the Mondays succeeding the courts in the county of Jackson. The conns in the county of Bartholomew shall continue eight weeks, in the county of Brown two weeks, at each term, if the business thereof requires it.
Sec. 49. The terms of said court in the Tenth Circuit, shall beheld in the county of Orange on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Lawrence, on the Mondays succeeding the courts in the county of Orange; and in the county of Monroe, on the Mondays succeeding the Courts in the county of Lawrence. The Courts in the county of Orange shall continue two weeks, in the county of Lawrence, four weeks, and in the county of Monroe, three weeks, at each term, if the business thereof requires it.
Sec. 50. The terms of said Court in the Eleventh Circuit shall be held in the county of Gibson, on the First Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Pike, on the Mondays succeeding the Courts in the county of Gibson ; and in the county of Dubois, on the Mondays succeeding the Courts in the county of Pike. The Courts in the county of Gibson shall continue four weeks, in the county of Pike, three weeks, and in the county of Dubois two weeks at each term, if the business thereof requires it.
Sec. 51. The terms of said Court in the Twelfth Circuit, shall be held in the county of Knox, on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Daviess, on the Mondays succeeding the courts in the county of Knox; and in the county of Martin, on the Mondays succeeding the courts in the county of Daviess. The courts in the county of Knox shall continue four weeks, in the county of Daviess three weeks, and in the county of Martin two weeks at each term, if the business thereof requires it.
Sec. 52. The terms of said court in the Thirteenth Circuit, shall be held in the county of Putnam on the first Mondav in February, the fourth Monday in April, the first Monday in September and the third Monday in November ef each year in the county of Clay, on the Mondays succeeding the courts in the county of Putnam; and in the county of Hendricks, on the Mondays succeeding the courts in the county of Clay. The courts in each of the said counties shall continue three weeks at each term, if the business thereof requires it.
Sec. 53. The terms of said court in the Fourteenth Circuit, shall be held in the county of Vigo, on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Sullivan, on the Mondays succeeding the courts in the county of Vigo. The courts of the county of Vigo shall continue eight weeks, and in the the county of Sullivan three weeks at each term, if the business thereof shall require it.
Sec. 54. The terms of said court in the Fifteenth Circuit shall be held in the county of Morgan on the first Monday in page: 260[View Page 260] February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Owen on the Mondays succeeding the Courts in the county of Morgan; and in the county of Greene on the Mondays succeeding the courts in the county of Owen. The courts in the county of Morgan shall continue four weeks, in the county of Owen three weeks, and in the county of Greene four weeks at each term if the business thereof requires it.
Sec. 55. The terms of said court in the Sixteenth circuit shall be held in the county of Johnson on the first Monday in February, the fourth Monday in April, the first Monday in September and the third Monday in November of each year; and in the county of Shelby on the Mondays succeeding the courts in the county of Johnson. The courts in the county of Johnson shall continue four weeks, and in the county of Shelby seven weeks at each term, if the business thereof requires it.
Sec. 56. The terms of said court in the Seventeenth circuit shall be held in, the county of Wayne on the first Monday in February, the fourth Monday in April, the first Monday of September, and the third Monday of November of each year, and shall continue so long each term as the business thereof requires it.
Sec. 57. The terms of said court in the Eighteenth Circuit shall be held in the county of Henry on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Hancock on the Mondays succeeding the courts in the county of Henry. The courts in the county of Henry shall continue six weeks, and in the county of Hancock four weeks at each term, if the business thereof requires it.
Sec. 58. The terms of said court in the Nineteen th Circuit shall be held in the county of Hendricks on the first Monday of February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year, and shall continue four weeks, if the business thereof requires. Said court snail be held in the county of Marion on the Mondays succeeding the courts in Hendricks county, and shall continue so long as the business thereof requires it.
Sec. 59. The term of said court in the Twentieth circuit shall be held in the county of Boone on first Monday in February, the fourth Monday in April; the first Monday in September and the third Monday in November of each year; and in the connty of Clinton on the Mondays succeeding the courts in the county of Boone. The courts in the county of Boone shall continue five weeks, and in the county of Clinton five weeks at each term, if the business thereof requires it.
Sec. 60. The terms of said court in the Twenty-first circuit shall be held in the county of Warren on the first Monday in February, the fourth Monday in April, the first Monday in September and the third Monday in November in each year; in the county of Vermillion on the Mondays succeeding the courts in the county of Warren; and in the county of Fountain on the Mondays succeeding the courts in the county of Vermillion. The courts in the county of Warren shall continue four weeks, in the county of Fountain four wetks,and in the county of Vermillion three weeks at each term, if the business thereof requires it.
Sec. 61. The terms of said court in the Twenty-second circuit shall be held in the county of Montgomery on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November in each year; and in the county of Parke on the Mondays succeeding the Courts in the county of Montgomery. The Courts in the county of Montgomery shall continue five weeks, and in the county of Clinton four weeks at each term, if the business thereof requires it.
Sec. 62. The terms of said Court in the Twenty-third Circuit shall be held in the county of Tippecanoe on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of White on the Mondays succeeding the Courts in the county of Tippecanoe. The Courts in the county of Tippecanoe shall continue seven weeks, and in the county of White two weeks at each term, if the business thereof requires it.
Sec. 63. The terms of said Court in the Twenty-fourth Circuit shall be held in the county of Hamilton on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Madison on the Mondays succeeding ihe Courts in the county of Hamilton. The Courts in the county of Hamilton shall continue five weeks, and in the county of Madison five weeks at each term, if the business thereof requires it.
Sec. 64. The term of said court in the Twenty-fifth Circuit shall be held in the county of Delaware, on the first Monday in February, the fourth Monday in April, the first Monday in September and the third Monday in November, in each year; in the county of Madison, on the Mondays succeeding the courts in the county of Delaware; and in the county of Randolph, on the Mondays succeeding the courts in the county of Delaware. The courts in the county of Delaware shall continue five weeks, and in the county of Randolph five week, two weeks at each term, if the business thereof requires it.
Sec. 65. The term of said court in the Twenty-sixth Circuit shall be held in the county of Wells, on the first Monday in February, the fourth Monday in April, ihe first Monday in September, and the third Monday in November, of each year; in the county of Adams, on the Mondays succeeding the courts in the county of Wells; and in the county of Jay, on the Mondays succeeding the Courts in. the county of Adams. The Courts in the counties of Wells and Adams shall continue three weeks, and in the county of Jay four weeks at each term, if the business thereof requires it.
Sec. 66. The terms of said Court in the Twenty-seventh Circuit shall be held in the county of Wabash on the fourth Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Miami on the Mondays succeeding the Courts in the county of Wabash. The Courts in the counties of Wabash and Miami shall continue five weeks at each term, if the business thereof requires it.
Sec. 67. The terms of said Court in the Twenty-eighth Circuit, shall be held in the county of Grant on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year: in the county of Blackford, on the Mondays succeeding the Courts in the county of Grant; and in the county of Huntington, on the Mondays succeeding the Courts in the county of Blackford. The Courts in the county of Grant shall continue four weeks, in the county of Blackford two weeks, and in the county of Huntington four weeks at each term, if the business thereof requires it.
Sec. 68. The terms of said court in the Twenty-ninth Circuit shall be held in the county of Cass on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Carroll on the Mondays succeeding the courts in the county of Cass. The courts in the county of Cass shall continue six weeks, and in the county of Carroll three weeks at each term, if the business thereof requires it.Sec. 69. The terms of said court in the Thirtieth Circuit shall be held in the county of Benton on page: 261[View Page 261] the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November in each year; in the county of Jasper on the Mondays succeeding the courts in the county of Benton; in the county of Newton on the Mondays succeeding the courts in the county of Jasper; and in the county of Pulaski on the Mondays succeeding the courts in the county of Newton. The courts in the counties of Benton and Newton will continue two weeks, and in the counties of Jasper and Pulaski three weeks at each term, if the business thereof requires it.
Sec. 70. The terms of said court in the Thirty-first Circuit shall be held in the county of Lake on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Porter on the Mondays succeeding the courts in the county of Lake; and in the county of Starke on the Mondays succeeding the courts in the county of Porter. The courts in the county of Lake shall continue three weeks, in the county of Porter three weeks, and in the county of Ssarke two weeks at each term, if the business thereof requires it.
Sec. 71. The terms of said court in the Thirty-second Circuit shall be held in the county of Laporte on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of St. Joseph on the Mondays succeeding the Courts in the county of Laporte. The courts in the county of Laporte shall continue five weeks, and in the county of St. Joseph four weeks at each term, if the business therefore requires it.
Sec. 72. The terms of said Court in the Thirty-third Circuit shall be held in the county of Marshall on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Kosciusko on the Monday succeeding the Courts in the county of Marshall; and in the county of Fulton on the Mondays succeeding the Courts in the county of Kosciusko. The Courts in the county of Marshall shall continue three weeks, in the county of Kosciusko four weeks, and in the county of Fulton two weeks at each term, if the business therefore requires it.
Sec. 73. The terms of said Court in the Thirty-fourth Circuit shall be held in the county of Elkhart on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Lagrange on the Mondays succeeding the Courts in the county of Elkhart. The courts in the county of Elkhart shall continue six weeks, and in the county of Lagrange three weeks at each term, if the business thereof requires it.
Sec. 74. The terms of said court in the Thirty-fifth Circuit shall be held in the county of Steuben on the first, Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; in the county of Dekalb on the Mondays succeeding the the courts in the county of Steuben, and in the county of Noble on the Mondays succeeding the courts in the county of Dekalb. The courts in the county of Steuben shall continue two weeks, in the county of Dekalb three weeks, and in the county of Noble four weeks at each term, if the business thereof requires it.
Sec. 75. The terms of said court in the thirty-sixth Circuit shall be held in the county of Tipton on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November in each year; and in the county of Howard on the Mondays succeeding the courts in the county of Tipton. The courts in the county of Tipton shall continue four weeks, and in the county of Howard five weeks at each term, if the business thereof requires it.
Sec. 76. The terms of said Court in the thirty-seventh circuit shall be held in the county of Franklin, on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November of each year; and in the county of Union on the Mondays succeeding the courts in the connty of Franklin. The courts in the county of Franklin shall continue six weeks, and in the county of Union three weeks at each term, if the business therefore requires it.
Sec. 77. The terms of said Court in the thirty-eighth circuit shall be held in the county of Allen on the first Monday in February, the fourth Monday of April, the first Monday in September and the third Monday in November of each year; and in the county of Whitley on the Mondays succeeding the courts in the county of Allen. The courts in the county of Allen shall continue seven weeks, and in the county of Whitley three weeks at each term, if business thereof requires it.
Sec. 78. If at the close of the terms of the summer vacations of said Courts the business of any county in any of said Circuits shall not be completed, it shall be the duty of the Judge of such Circuits to hold such special terms during said vacations, as shall keep the business of said. Courts fully disposed of.
Sec. 79. Such Circuit Courts, in addition to be jurisdiction heretofore exercised by them, shall also have the same jurisdiction that has heretofore been exercised by the Courts of Common Pleas, and all laws and parts of laws, concerning said Courts of Common Pleas, shall hereafter fee construed to mean and apply to the said Circuit Courts, as far as the same may be applycable: and the offices of Common Pleas Judge and District Attorney are hereby abolishod.
Sec. 80. All matters and business pending in the Courts of Common Pleas on the taking effect of this act, shall be transferred to and be disposed of by the Circuit Courts of the proper counties; and all writs, subpoenas, publications, rules, bonds, recognizances, executions, orders of sale, and process of whatever kind in said Courts of Common Pleas, shall be returnable to the first terms of said several Circuit Courts after the taking effect of this act, the same as if they had issued out of the said Circuit Courts. Provided that the Judges of the Common Pleas Courts, having causes that have been tried by them under advisement, shall render decision, and complete the record therein, at the first term of the Circuit Court held in pursuance of this act, to which such causes have been transferred.
Sec. 81. All records and papers remaining and on file in the several Courts of Common Pleas, shall be transferred to, and become a part of, the records and papers of the Circuit Courts of the proper counties; and the said Circuit Courts shall enforce all judgments, decrees, rules and forfeitures of the said Courts of Common Pleas, the same as if they had been rendered or determined in the said Circuit Courts.
Sec. 82. On the second Tuesday of October, 1873, a general election shall beheld in the proper counties, to elect judges and prosecuting attorneys in place of such judges and prosecuting attorneys as may be holding their offices by appointment of the Governor, and such election shall be held and conducted under the laws and regulations governing general elections in the State.
Sec. 83. Any circuit or common pleas court that may be in session in any county of this State on the taking effect of this act under the provisions of law heretofore existing, is hereby authorized to continue such session until the expiration of the term, the same as if this act had not been passed: Provided, That in counties where the terms of said court are not limited, they shall not continue beyond four weeks from the taking effect of this act.
page: 262[View Page 262]Sec. 84. All writs, subpoenas, publications, rules, bonds, recognizances, orders or other process of whatever kind, issued out of any Circuit Court, and made returnable to any term of said Court as heretofore fixed by law, shall be deemed and held to be returnable to the first term of said Courts as provided for by this act.
Sec. 85. In all cases where appeals are now authorized by law to be taken exclusively to the Courts of Common Pleas, the same shall hereafter be taken to the Circuit Court.
Sec. 86. The present Judges of the Circuit Courts residing in the circuits created by this act, shall be the Judges of said Court for the Circuits herein provided.
Sec. 87. The several Judges and Clerks of the Circuit Courts to which the records and business of the Common Pleas Courts shall be transferred by this act, shall have power to certify all transcripts and records necessary to be authenticated from the records and files of the said Court of Common Pleas.
Sec. 88. An emergency exists for the immediate taking effect of this acts; the same shall therefore be in force from and after it passage.
Presented March 5, 1873. Approved March 6, 1873.
W. R. EDWARDS,
Speaker of the House of Representatives.
LEONIDAS SEXTON,
President of the Senate.
THOMAS A. HENDRICKS,
Governor.
A bill to amend 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 for 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 6, 1865, and adding supplemental section thereto. Approved March 8, 1873.
Section 1. Be it enacted in the General Assembly of the State of Indiana, That section 15 of the above entitled act be and the same is hereby repealed.
SEC. 1. That section 33 of said act be amended to read as follows, to-wit: Section 33, the township trustees of the several townships shall meet at the office of the County Auditor of their respective counties on the first Monday in June, eighteen hundred and seventy-three, and biennially thereafter, and appoint a County Superintendent, who shall be a citizen of such county, whose official term shall expire as soon as his successor is appointed and qualified, who, before entering upon the duties of his office shall take and subscribe an oath that he will faithfully perform his duties as such officer according to law, which oath shall be filed with the County Auditor, and shall execute a bond with freehold surety, to the approval of the County Auditor, payable to the State of Indiana, in the penal sum of one thousand dollars, conditioned that he will discharge his duties according to law, and faithfully account for and pay over to the proper person all money which may come into his hands by reason of such office; and thereupon the County Auditor shall report the name and post-office address of the person appointed to the Superintendent of Public Infraction; Provided, however, that the Board of County Commissioners shall have power to dismiss any county superintendent for immorality, in competency or general neglect of duty, or for acting as agent for the sale of any text book, school furniture or maps; but no county superintendent shall be dismissed without giving him written notice under the hand and seal of the auditor, ten days before the first day of the term of the Court of Commissioners at which the cause is to be heard, and the said notice shall state the charges preferred against the superintendent, the character of the instrument in which they are preferred, whether petition, complaint or other writing, and in the name of those preferring the same. And the duties required of the school examiner by this act shall hereafter be performed by the county superintendent. Whenever a vacancy shall occur in the office of county superintendant by death, resignation or removal, the said trustees, on the notice of the county auditor, shall assemble at the office of said auditor and fill such vacancy for the unexpired portion of the term in the manner hereinafter provided, and the county auditor shall be clerk of such election in all cases, and give the casting vote in case of a tie, and shall keep the record of such election in a book kept for that purpose.
Sec. 3. That section 37 of said act be amended to read as follows, to-wit:
Sec. 37. The County Superintendent shall hold at least one public examination each month in the year, in his county, and in no case shall he grant a license upon a private examination, and all licenses granted by him shall be limited to the county in which they are granted.
Sec. 4. That section 39 of said act be amended to read as follows, to-wit:
Sec. 39. The County Superintendent shall have the general superintendence of the schools of his county. He shall attend each Township Institute at least once in each year, when he shall preside at the same and conduct its exercises. He shall visit each school of the county at least once each year, and as much oftener as he may deem it necessary for the purpose of increasing their usefulness, and elevate as far as practicable the poorer schools to the standard of the best. He shall encourage Teachers' Institutes and associations, and shall labor in every practicable way to elevate the standard of teaching, and to improve the condition of the schools of the county. In all controversies of a general nature arising under the school laws, the opinion of the County Superintendent shall first be sought, whence an appeal may be taken to the State Superintendent on a written statement of facts, certified to by the County Superintendent. Provided that nothing in this act shall be so construed as to change or abridge the jurisdiction of any court in cases arising under the school laws of this State, and the right of any person to bring suit in any court in any case arising under the school laws, shall not be abridged by the provisions of this act. He shall at all times carry out the orders and instructions of the State Board of Education and the Superindent of Public Instruction, and shall constitute the medium between the State Superintendent and subordinate school officers and the schools: Provided, that city schools having a Superintendent employed by their board may, at the request of said board, be exempt from the general superintendence authorized in this section.
Sec. 5. That section forty-three of said act be amended to read as follows, to-wit:
Sec. 43. The County Superintendent shall receive four dollars for every day actually employed in the discharge of the duties required by this act. But before the County Commissioners shall allow his per diem, the same shall be presented in a bill of account stating in separate items the nature and amount of service rendered on each day for which he claims compensation which bill of account shall be verified by affidavit to the effect that the same and each item thereof are just and true. The County Auditor shall draw his warrant on the County Treasurer for the amount allowed by the Board in favor of said Superintendent, and the Treasurer shall pay the said warrant out of the ordinary county page: 263[View Page 263] revenue. Provided, however, That the said Board of Commissioners shall have power to determine the number of days in year in which the County Superintendent may labor in the performance of the the duties required of him in visiting schools; and provided further, the number of days so allowed in each year for visiting schools shall not be less than the whole number of schools in such county, over which such Superintendent has control, and he shall receive no perquisites whatever.
Sec. 6. The county superintendent shall, at least once in each year, and as much oftener as he may deem proper, fully examine the dockets, records and accounts of the clerk of the courts, county auditor, county commissioners, justices of the peace, prosecuting attorneys, and mayors of cities, and see that all fines, forfeitures, unclaimed fees, liquor licenses, and surplus dog tax etc., are promptly collected, reported, and paid over to the proper fund or revenue. He see that the full amount of interest on funds is paid and apportioned, and when there is a deficit of interest on any school fund, or a loss of any school fund or revenue by the county, that proper warrants are issued for the reimbursement of the same.
SEC. 7. The official dockets, records, and books of account of the Clerk of the Courts, County Auditor, County Commissioners, Justices of the Peace, Prosecuting Attorneys, Mayors of cities and township school trustees, shall be open at all times to the inspection of the County Superintendent, and whenever he shall find that any of said officers have neglected or refused to collect and pay over interests, fines, forfeitures, license or other claims due the school funds and revenues of the State, or have misapplied the school funds or revenues in their possession, he shall be required to institute suit in the name of the State of Indiana for the recovery of the same for the benefit of the school fund or revenues, and make report of the same to the Board of County Commissioners and to the State Superintendent.
Sec. 8. The County Superintendent and the trustees of the townships and the School Trustees of the towns and cities of the county, shall constitute a County Board of Education. Said Board shall meet semi-annually, at the office of the County Superintendent, on the first days of May and September, unless the said days be Sunday; if so, on the day following. A majority of said Trustees shall constitute a quorum. The County Superintendent shall preside at the meeting of said Board, and shall be allowed to vote on all questions as other members of the same are allowed to vote. Said Board shall consider the general wants and needs of the schools and school property of which they have charge, and all mailers relating to the purchase of school furniture, books, maps, charts, etc. The change of text-books, except in cities, and in the care and management of township libraries, shall be determined by such Board, and each township shall conform as nearly as practicable to its action, but no text-book adopted by the County Board shall be changed within three years from the date of such adoption, except by unanimous vote of all members of such Board.
Sec. 9. At least one Saturday in each month during which the public schools may be in progress, shall be devoted to township institutes or model schools for improvement of teachers, and two Saturdays may be appropriated at the discretion of the township trustee of any township; such institute shall be presided over by a teacher or other person designated by the trustee of the township. The township trustee shall specify in a written contract with each teacher, that such teacher shall attend the full session of each institute contemplated herein, or forfeit one day's wages for every day's absence therefrom, unless such absence shall be occasioned by sickness.
Sec. 10. All laws and parts of laws in conflict with this act, be and the same are hereby repealed. Provided, the school examiners of the several counties shall discharge their duties until a superintendent shall be elected and qualified under this act.
Sec. 11. Whereas, an emergency exists for the immediate taking effect of this act, if shall take effect and be in force from and after its passage
STATE OF INDIANA, EXECUTIVE DEPARTMENT,
INDIANAPOLIS, MARCH 7, 1873.Whereas, The General Assembly of the State of Indiana, elected at the general election hold on the second Tuesday of October, A. D. 1870. did, at the regular session thereof, (which session was begun on the 5th day of January, 1871,) agree to pass and adopt a joint resolution in the words and figures following, to wit:
A Joint Resolution, proposing an amendment to the Constitution by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal.
Be it Resolved by the General Assembly of the State of Indiana, That the following amendment be and is hereby proposed to the Constitution of this State, and that the same be and is hereby agreed to and submitted to the electors of the State for their ratification or rejection; provided, the same be agreed to by a majority of all the members elected to each House of the General Assembly of this State, to be chosen at the next general election, said amendment to consist of the addition of the following section to the tenth article of the Constitution in the language following:
No law or resolution shall ever be passed by the General Assembly of the State of Indiana that shall recognize any liability of this State to pay or redeem any certificate of stocks issued in pursuance of an act entitled "An Act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville," passed January 19, 1846; and an act supplemental to said act, passed January 29, 1847, which, by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal, in said acts mentioned, and no such certificate or stocks shall ever be paid by this State.
Resolved, further, That the foregoing joint resolution be and the same is hereby referred to the General Assembly of this State, to be chosen at the general election to be held on the second Tuesday in October, in the year of our Lord one thousand eight [hundred] and seventy-two; and,
Whereas, The General Assembly of this State which was elected at the general election held on the second Tuesday in October, in the year A. D. 1872, and which convened in special session on the 13th day of November of said year, did also at said special session pass, adopt and agree to a joint resolution in the words and figures following, to wit:
A Joint Resolution, agreeing to and adopting an amendment proposed to the Constitution by the last General Assembly, by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal.
Whereas, The last General Assembly, at the regular session thereof, passsed, adopted and agreed to the fol-loing joint resolution, to wit:
A Joint Resolution, proposing an amendment to the Constitution, by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal.
Be it Resolved by the General Assembly of the State
page: 264[View Page 264]of Indiana, That the following amendment be and hereby is proposed to the Constitution of this State, and that the same be and is hereby agreed to and submitted to the electors of the State for their ratification or rejection; provided, the same shall be agreed to by a majority of all the members elected to each House of the General Assembly of this State, to be chosen at the next general election. Said amendment to consist of the addition of the following section to the tenth article of the Constitution, in the language following:
No law or resolution shall ever be passed by the General Assembly of the State of Indiana that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled "An Act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville," passed January 19, 1846; and an act supplemental to said act, passed January 29, 1847, which, by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal in said act mentioned, and no such certificates or stocks shall ever be paid by this State.
Resolved, further, That the foregoing joint resolution be, and the same is, hereby referred to the General Assembly of this State, to be chosen at the general election to be held on the second Tuesday in October, in the year of our Lord one thousand eight hundred and seventy-two. Now, therefore,
Be it Resolved by the General Assembly of the State of Indiana, That the said amendment proposed to the Constitution of Indiana, contained in the said joint resolution, passed by the last General Assembly, as aforesaid and hereinbefore recited, be, and the same hereby is, agreed to and adopted by his General Assembly, and that the said amendment shall be submitted to the electors of the State for ratification, at an election to be called for that purpose in pursuance of such act of the General Assembly as may hereafter be passed, providing for such submission; and if no time is designated by this General Assembly, then shall be submitted to the people at the next general election, to be held on the second Tuesday in October, eighteen hundred and seventy-four; and
Whereas, For the purpose of submitting the said amendment, recited in both of said joint resolutions, to the qualified electors of this State, for their ratification or rejection, it was enacted by the General Assembly of the State of Indiana, by an act entitled "An Act to provide for the submission to the qualified electors of this State, for their ratification or rejection, a proposed amendment to the Constitution of Indiana, therein mentioned, and declaring an emergency,'"approved January 28, 1873, that an election be called and directed to be held in the several counties of this State, and at the several precincts or places of holding elections in said counties respectively, for the purpose of submitting to the qualified electors of the State, for their ratification or rejection, the said proposed amendment, the said election to be held on the 18th day of February, in the year of our Lord one thousand eight hundred and seventy-three; and,
Whereas, I did, by my proclamation of January 31, A. D. 1873, in pursuance of a joint resolution of the General Assembly directing the same, notify the qualified electors of the State of the holding of said election on the 18th day of February, A. D. 1873, at the several places of holding elections in the several counties of the State for the purposes prescribed in said act; and,
Whereas, It has been certified to the Secretary of State by the Clerks of the Circuit Courts of the several counties of the State (except the counties of Pulaski and Scott) that at an election held in said several counties, as provided by said law, on the 18th day of February, A. D. 1873, the aggregate "for the proposed amendment to the Constitution'' was one hundred and fifty-eight thousand and four hundred, and "against the proposed amendment to the Constitution" was one-thousand and thirty; and,
Whereas, The entire number of votes in said counties of Pulaski and Soctt, if cast, could not change the result of said election; and,
Whereas, The Governor and Secretary of State have this day examined the certificates of the said Clerks, as required by law, and have declared that it appears therefrom that a majority of all the votes cast at said election were in favor of the adoption of said proposed amendment; therefore, I, Thomas A. Hendricks, Governor of the State of Indiana, do hereby declare and proclaim that the said proposed amendment has been duly ratified by the people, and that the same is now a part of the Constitution of the State of Indiana, to be known and designated as "Section 7 of Article X."
In witness whereof I have hereunto subscribed my name and caused the seal of the State to be hereto affixed, at the city of Indianapolis, the date first above written.
THOMAS A. HENDRICKS.
Governor of Indiana.
W. W. CURRY,
Secretary of State.
[L. S.] By the Governor,
