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same appraised at his own house by two respectable householders, who shall go before a justice and certify on oath to the value of the animal, with a description of the same, marks, brands, &c.; the justice to transmit the same to the clerk, and the appraisers are entitled to twenty-five cents each, to be paid by the taker up. After paying the twenty per cent. aforesaid, the taker up is to give bond to the county treasurer for the remainder of the appraised valuation of said property, which bond shall be delivered up on demand to the owner, who is authorized to sue on the bond, deducting all costs and charges for keeping or preserving such estray. The property never is to vest in the taker up until the bond is given and the twenty per cent. paid. Persons offending against the provisions of this act, to be liable to the penalties imposed by the act to which this is an amendment.

Corporations. The powers of the corporation of Madison are extended over certain land in front of the town plat to the river, and authority given to lay taxes, to improve and pave streets and alleys.

Further powers are given to the corporation of Lawrenceburgh to construct wharves and harbors in the Ohio river; when necessary to condemn private property for that purpose, application is directed to be made to the circuit court, a jury to be summoned, which is to appraise the same, and on payment of the appraisement, the court is to decree title to the corporation.

The town of Jeffersonville, in the county of Clark, is incorporated. Power vested in five trustees, who can lay a tax on real estate not exceeding fifty cents on the one hundred dollars.

Three turnpike companies were incorporated at this session.

Jurisdiction. In cases where the division line between this state and other states, or the division line of one or more counties in this state, shall be navigable streams, the several states, or the said adjacent counties, shall have concurrent jurisdiction over such streams.

Justices of the Peace. By this act it is made the duty of the justice, in view of any breach of the peace, to issue a warrant against the offender. The accused has a right to select any magistrate to try the cause in the same township. If he elects to be tried before another justice, he must remain in custody until the trial, or enter into a recognisance; six days is allowed at least before the trial, unless the accused prefers it sooner. The accused may also elect to be tried before the circuit court, or the magistrate may take the recognisance returnable before that court, if he thinks the offence of so aggravated a nature as to require a greater punishment than he can inflict. The accused may also demand a jury, and if found guilty, the jury shall assess the fine, not less than one nor more than twenty dollars. When the defendant has remained in prison one day for each fifty cents of

the fine, he may be discharged under the insolvent law; in which case the county is to pay the expense of keeping the prisoner, and to the amount of the costs the county is a privileged creditor, to receive the full amount before any other debt is paid.

Justices are required to issue a warrant in all cases when complaint is made to them on oath against any person for an affray, assault and battery, or other breach of the peace. No trial can be had before the justice under this act on the complaint or information of the offending party, or of a third person, unless the injured party shall be present at the trial and examined as a witness, or was summoned as a witness, or was at the time not a resident of the county.

Persons convicted are entitled to an appeal on entering into a recognisance with security; the justice is to certify up his proceedings and recognise the witnesses to appear before the circuit, and then the defendant is proceeded against by judgment.

On oath being made that a judgment debtor is about to leave the county without leaving sufficient property to pay the judgment, or that he conceals his property with an intent to defraud his creditor, the justice may issue a ca. sa. before the fi. fa. is issued. The prohibitions existing against justices who may be attorneys at law, from appearing in the circuit court in appeals, is removed, except when the cases are from his own docket.

When a bond given for the delivery of property taken on execution shall be forfeited, the plaintiff may either sue bond, or have execution. again in his judgment, and if again levied on property, no delivery bond shall be taken.

Justices are empowered to fine for contempts to the amount of $300, and to imprison not more than three hours.

Justices may grant new trials any time within four days after judgment.

In trials of debt, assumpsit, or account, the plaintiff may require the defendant to answer on oath; so in the case of oifset, the defendant may require the plaintiff to answer in same way.

Twenty per cent damages is given against defendants who may fraudulently deliver over property on execution, which does not belong to them, and thereby occasion delay by a trial of the right of property; and persons claiming property seized on execution, must swear to the same.

Costs of continuing a cause, may be taxed up to the party applying for it, at the discretion of the justice.

Jurisdiction is given in actions of replevin, where the amount does not exceed $ 2,000.

The officer receiving an execution, is to endorse the time of receiving it on the back, and from such time it is a lien on the defendant's property.

State Library. The annual appropriation is increased to $ 100.

on the

The faculty are empowered to prohibit the taking of books from the library room. Allstate officers, whose appointment is vested in the legislature or in the governor and senate, are entitled to use the books.

Medical Societies. The state society and the several district societies, shall, on causing the name of the society and of their officers to be recorded in the recorder's office of the county, be considered as legally existing, and all their acts confirmed. The state society is empowered to organize societies in those districts where it has not yet been done, by the appointment of a president, secretary, and three censors, who are to continue until the next annual meeting of the district society, and until their successors are elected. The state society is to meet annually at Indianapolis, on the Wednesday next succeeding the meeting of the legislature. The district societies to meet on the first Monday in May, and such other times as they may appoint. The district society is composed of all persons of good moral character, resident in the district, regularly licensed to practise medicine, or who have been reputable practitioners in the state for two years next preceding the passage of this act, or who have graduated at any medical college in the United States. The societies are empowered to make by-laws and impose fines.

Persons not regularly licensed in this or some adjoining state, where they reside, or not at the passage of the act regular practising physicians of this state, cannot recover any thing by law for their services. Exceptions as to females practising midwifery and apothecaries.

Navigation. $2050 of the three per cent fund is appropriated to improve the navigation of several small streams. $4,528 52 is appropriated for the same purpose in the Wabash river.

Occupying Claimants. The court rendering judgment, at the request of either party, shall cause a jury to be empanneled to assess the value of all lasting improvements made on the land in question previous to receiving actual notice of the adverse claim. The jury are to consider of and deduct damages sustained by waste or cultivation. The value of the land at the time of judgment is also to be valued without improvements, and without the damages sustained by waste or cultivation. Court may set aside the verdict for good cause shown; and an appeal and writ of error is allowed to the supreme court.

Cumberland Road is declared to be a public highway, eighty feet wide, and the United States' commissioners are authorized to open it. Owners of land aggrieved may apply to the Circuit Court, who shall appoint commissioners to assess the damages sustained. In doing this, due regard is to be had to the advantage of the road. Damages to be paid out of the state treasury. Supervisers in this state are to work on this road when necessary.

Persons obstructing this road are liable to same punishment as for obstructing state roads; and for injuring intentionally any bridge, guard wall, or other improvement, the offender shall forfeit triple the amount of the injury, with costs, one half to the informer, the other to the repair of the road.

Michigan Road. This road is directed to be continued in the state road from Indianapolis to Lawrenceburgh as far as Greensburgh, and from thence to Madison, on the Ohio River; is to be opened one hundred feet wide, and grubbed thirty feet wide in the centre, before the last of November, 1831.

State Roads. Twenty-five acts were passed at this session, laying out or altering roads.

Schools and School Lands. An act to amend the act on this subject, provides that when the inhabitants of any congressional township have refused to sell their school lands, any five freeholders may at any time advertise an election for three trustees, who hold their office for three years, and have power to lease out the lands. No sale can be made of school lands unless a majority of all the qualified voters of the township shall vote for it. When school lands are forfeited by the tenant committing waste, he shall also be liable to an action for the damages.

Seminaries. Four county seminaries were incorporated at this session, and two private seminaries.


REPORTS. The following are the points in the common law cases recently reported in England, which seem to be most important, and most applicable in this country. They are from 9 Barn. & Ald. Part 4; 6 Bing. P. 4; 3 Moore & Payne, P. 1; 1 Lloyd & Welsby, P. 2; 1 Ryan & Moody, C. C. R., P. 2; and Carr. & Payne, P. 1.

Held, on special demurrer, to be not necessary to aver an ac-

ceptance to be in writing, though the statute 1 & 2 Geo. 4,

requires acceptances to be so. Chalie v. Belshaw, 6 Bing. 529. A bill purporting to be accepted by S. & C., who banked with

the plaintiffs, was presented the day it became due, and paid by the plaintiffs in the belief that the acceptance was genuine. On the following day it was discovered that the acceptance was a forgery, and the plaintiffs on that day gave notice to the defendant: Held, that the bolder of a bill is entitled to know on the day when it becomes due, whether it is an honored or a dishonored bill; and tliat if he receive the money and is suffered to retain it during the whole of the day, the parties who paid it cannot recover it back. Bayley J., who delivered judgment, observed, “In this case we give no opinion upon the point, whether the plaintiffs would have been entitled to recover, if potice of the forgery had been given on the very day on which

the bill was paid." Cocks v. Masterman, 9 B. C. 902. Action by endorsee against acceptor of a foreign bill, drawn in

a set. The first part, accepted by the defendant, was produced. The second part had arrived in England before the other part, was accepted by the defendant, and immediately endorsed by him to his father, redeemable on the substitution of other securities. It was so redeemed when due. The defence attempted, was, that the property in the subsequently accepted part (the first), passed to the father, and that, therefore, nobody but he had a right to sue upon any part of the bill. Held, that the plaintiff was entitled to recover,--by three judges, on the ground that the transfer to the father was conditional; by Parke, J., on the ground that the acceptor was estopped, by the act of acceptance, from taking the above line of defence. Holdsworth v. Hunter, 1 L. & W. 163.

[On this case the reporters remark, in a note : The reasons which led the court to a unanimous resolution are so various, that it is not easy to state any principle determined by it. The preponderance of opinion, however, seems to be, that the

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