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Ch. 17.— Tenants in common of Personal Property. When two or more persons are entitled, as tenants in common, to any 6 negroes or other chattel property,' and any one or more is desirous of a division thereof, a petition for that purpose is to be filed in the County or Superior Court; and if a sale is deemed necessary by the court, it is to be ordered in such manner as to secure to each tenant in common, his or her ratable share' in the proceeds; but if a sale is not deemed necessary, the court are to appoint three freeholders, not related to the parties, who are to divide the property and make report to the court; if the report is confirmed by the court, judgment is to be entered accordingly.
Ch. 28.- Married Women. When any married woman shall file her petition in any of the Superior Courts, praying that alimony may be allowed her, and that the property she may thereafter acquire may be secured to her, the judges of those courts are authorized to decree, that she may sue and be sued in her own name, as if she were a feme sole.
Ch. 19.-Illegitimate Children. Upon the application of the putative father of an illegitimate child, by petition to the Superior Court, or Court of Pleas and Quarter Sessions, praying that the child may be declared legitimate, and upon its appearing “ from the oath of the petitioner, and such other evidence, as the court may require,' that the petitioner has intermarried with the mother, or that she is dead, and that the petitioner is the reputed father, the court 'may declare the child legitimate.' "The effect of such legitimation shall extend no farther than to impose upon the father all the obligations, which fathers owe to their lawful children;' and to enable the child to inherit the lands, whereof the father dies seized in fee simple, and transmit the same in the course of descents,' and 'to entitle such child to distribution of the personal estate of the father, in the same manner, as if he or she had been born in lawful wedlock.
Ch. 25.-- Fire Companies. Members of fire companies are exempted from militia duty, "except in time of war, invasion, or insurrection.'
Ch. 34.- Counterfeiting. Any person, who shall knowingly pass, or attempt to pass, or receive with intent to pass, any forged bill
, or note, or order, check, or draft,' purporting to be issued by the United States Bank or ́any of its branches, or purporting to be drawn by or upon any of the officers of the bank or its branches, is subject to be whipped not exceeding thirty-nine lashes, to stand in the pillory, not exceeding one hour, and to be fined and imprisoned, the fine not to exceed $ 1000, or the imprisonment, three years; any one or more, or all of these punishments to be inflicted at the discretion of the court.'
Ch. 9.--Bigamy. This act repeals the act of 1809, relating to this crime, and provides, that whenever a person convicted under the act of 1790, enacted for the prevention of bigamy, shall be entitled to the bevefit of clergy, for the first offence, the court may sentence such person to be fined and imprisoned, to receive one or more public wbippings, and to be branded on the left cheek with the letter B.' If a female is convicted of bigamy, the court may inflict all or any of those punishments, branding excepted.
Ch. 8.—Public Works. Public agents, entrusted with the superintendence, &c. of public works, and the disbursement of moneys appropriated thereto, are to report, annually, to the Board of Internal Improvements the condition of the works under their superintendence, and to render an account of the sums of money disbursed by them. Navigation, canal, and turnpike companies in the state, in which the state is a stockholder, are annually to make detailed reports of their condition, the amount of their debts, dividends, &c. to the same board. If any such agent or company neglect so to do, he or it is to forfeit the sum of $500, to be sued for by the governor, in his name, to the use of the state.'
Private Acts. Among the private acts, we notice an act incorporating a company for the purpose of cutting a canal from Lake Drummond, in Virginia, to the south side of Orapeake Swamp, in North Carolina; four acts incorporating academies; and acts, incorporating the Philodemic Association,' a circulating library society, and a fire company. Of the residue of the private acts, a large proportion relate to the appointment of committees of finance' for different counties, the passage of fish up certain rivers, the erection of gates over public roads, the compensation of jurors, roads, paupers, the obstruction of rivers, and the better regulation' of certain towns. We also notice (an act to restore to credit' a person convicted of some crime. In an "act concerning the patrols of Richmond county,' the patrol, or any one of them are directed to 'inflict not more than fifteen lashes, on the bare back of any negro or mulatto slave, found 'beyond his or her master's or mistress's premises, without a written permission' from the master, mistress, or overseer, designating the place to which the slave is permitted to go. There is also an act, authorizing the citizens of Pasquotank and Perquimons counties to set guns in the desert in said counties, between sunset and sunrise, for the purpose of destroying beasts of prey.'
Resolutions. Among the resolutions, there is one, relating to the claims of the state against the general government, for expenses incurred during the late war with Great Britain; by this resolution, the governor is directed to request of the general government "a speedy settlement of the account, and payment of the balance;' he is also required to send an agent to Washington, for the purpose of adjusting and settling these claims.
By another resolution, the senators of the state, in congress, are instructed, and the representatives are requested to use their utmost endeavors to procure the repeal of the salt tax.' There is also a resolution, by which, after a preamble, stating that the act incorporating the Bank of the United States, does not provide for the offence of passing, or receiving any counterfeit order, check, or draught, on the bank, its branches, or the cashiers thereof, nor for receiving any note or order purporting to be issued by the bank, or any of its branches, knowing the same to be counterfeit; the senators in congress are instructed, and the representatives are requested to call the attention of congress to the subject, for the purpose of amending the act.
Indiana. The legislature of this state, at their last session, passed one hundred and thirty-eight acts and joint resolutions.
The general appropriations, for the year 1830, amount to the sum of 31,250 dollars ; specific appropriations to 6000 dollars.
Poor. Asylums for the poor are authorized to be established in the counties of Washington, Dearborn, and Floyd.
Banks. The charter of the Farmers' and Mechanics' Bank of Indiana is so amended, that five directors are to manage the business, and to continue in office one year, and until their successors are chosen. All the powers and rights possessed by the same, are transferred to the new board. If the shareholders fail to elect directors, or the directors fail to elect a president, the board have power to fill the vacancies. The act contains a proviso to prevent any interference with vested rights.
Bridges. Appropriations are made for building three bridges.
Canals. The commissioners of the Wabash and Erie Canal are directed to complete the selection of lands granted by congress for the canal. They are to give three months notice of the sale of the same, the lands to be sold in half quarter sections, on the first Monday in October, 1830, on or near the canal. In case of a combination among the bidders, the commissioners are authorized to bid off any tract in behalf of the state. They are to reserve sufficient lands for timber, stone, &c. for the location of locks; one fourth of the purchase money, with interest on the residue for one year, to be paid in advance; on the remaining sum a credit is allowed of seventeen years, interest payable yearly in advance; a failure to pay the interest or principal, twenty days after due, subjects the lands to forfeiture. An action is given to the state against the owner for any unnecessary waste he may have committed previously to forfeiture. The lands are not to be sold for less than congress price, and the proceeds are annually pledged to the purpose of constructing the canal.
Census. The act for taking the census for 1830 provides that the clerks of the several counties shall transmit to the secretary of state a list of the white male paupers, insane persons, and persons exempt from a poll tax, on or before 25th November next. The auditor of state is also to furnish a list of the whole number of taxable polls to the secretary of state, on or before the first Monday in January. The secretary of state is to furnish a statement to the senate and house of representatives.
Clerks' Offices. Wherever the counties shall erect a fire proof building for a clerk's office, it is made the duty of the clerk to remove to such building all books, papers, and records appertaining to his office. For each book he may neglect to remove, he shall be fined fifty dollars.
County Business. Several acts changing the mode of doing county business, are contained in this volume, the principal of which is one extending the act incorporating the townships, to Warren and Delaware counties. The voters of the several townships in Harrison county are authorized to elect their constables.
Counties. Four new counties were erected at the last session, and named St. Josephs, Elkhart, Boone, and Clinton.
County Seats. Five commissioners are appointed to relocate the seat of justice of Sullivan county. If the commissioners should select a new place, the agent of the county is to lay off a town corresponding with the present county seat, and every person owning a lot in the present town will be permitted to change and take the corresponding number in the new one.
The seyeral lots in each town are to be valued by commissioners, and the difference in value to be paid to the owner of property in the old town. Ten per cent. on the sales of lots is reserved for a county library.
An act somewhat similar was passed respecting Dubois county.
Circuit Courts. The act dividing the state into judicial circuits, creates two new ones, making the whole number-seven. The first and seventh contain ten counties each ; the fourth and fifth contain nine counties each ; the second and sixth contain eight each ; and the third contains seven counties. There are two terms a year. The longest term in any county is twelve days; the shortest three days. The whole number of judicial days in the first circuit in each year, is ninety-six; in the second circuit, one hundred and forty-four; in the third circuit, one hundred and twenty ; in the fourth circuit, one hundred and two; in the fifth circuit, one hundred and sixteen; in the seventh, one hundred and forty-four.
Probate Courts. The act to amend an act to organise probate courts, &c. provides that in those counties where sessions of the probate court interfere with the sessions of the board doing county business, the probate court shall sit on the Thursdays succeeding the sitting of the board.
All elections of probate judge, had in counties where the act authorizing it had not been published, are legalized; and in counties where no judge was elected, authority is given to elect, on any succeeding first Monday in August. In case of a vacancy in the office of probate judge, the clerk is to inform the governor, who is to appoint some fit person to act until the next annual election. The associate judges are to act as judges of probate in all counties where no election for probate judge is had, until one shall be elected.
In vacation the clerk of the probate court is authorized to take proof of wills, grant letters testamentary, and of administration, subject to the confirmation or revocation of the judge at the next term. But whenever notice is filed with the clerk, by any person interested, of their design to contest such proof or grant, the clerk is to suspend further proceedings and refer the same to the decision of the court. Proof of will not to be taken, or administration granted until fifteen days after decease of testator or intestate. In cases where the judge is interested, either as counsel, administrator, executor, guardian, heir, or legatee, the business shall be transacted in the circuit court.
Divorces. Only one special act was passed at this session divorcing a particular individual.
The general law regulating divorces was amended so as to extend relief only to persons who have resided in the state twelve months previous to making application for divorce.
Execution. Mortgagees are authorized to file their bill for foreclosure, immediately on breach of the condition of the mortgage. [By the former law they could not proceed until one year after breach.] On decree made, mortgaged premises are to be sold on execution to the highest bidder. This act does not apply to mortgages given before its taking effect.
Estrays. Property taken up adrift is vested in the taker in sixty days, if not sooner claimed; at the end of that time, the taker
up is to pay the clerk of the circuit court twenty per cent. of the appraised value of the property for the support of county seminaries.
Animals taken up by persons legally authorized, and having proceeded according to law, shall be vested in the taker up at the expiration of twelve months, if not sooner claimed: the taker up to pay in the same amount and for the same purposes as in cases of water craft. The owner at any time may prove his property, and shall receive back from the county, the twenty per cent., and from the taker up either the value of the estray or the estray itself, at the option of the taker up; all costs and reasonable charges for keeping, &c. to be adjudged of by the tribunal where the estray is proved, to be paid by the owner. Taker up of neat cattle, hogs, sheep, and goats, may have the
VOL. IV.NO. VIII.