Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1842-12-27

the report. The ayes and noes being demanded
resulted follows:
AYEs-Iessrs. Aker, Bradley, Bright Buell.
Carr of. Carr L.. Collett, Collins, Cornett, Cot
TOT, Davis. Duzan. Everts, Ewing. Farmer. liar
RS. Hetfed. Herman, Hodge. Hoover Kelso
Mct;aughy. Miller, Mitchell. Mofatt. Oden. Parks
Read, Reeve. RItchey, Sands Snclear, Stanford
! rannehill. ,.alts, and West.-3G.
T Nors-Messrs A,es~ander, Burke. Defrees. Gre
CORY, Morgan, Mount, Pennington, Parker, Pitcher
ohanks.-lo. 80 tue report was occurred in.
Senate dI0urned.
HOUSE OF REPRESENTATIVES,.
Mr. Simonson moved that the tables, accompany
ing the Ban. Examiners report containing. the
names Of persons cnter protest, &c. be print
cd with the report. lie isade the motion az the
clerk was uncertcin whether TO hand them TO
the public printer. Said documents were ordered
to be priated by the House
message from the Senate announced the pas
s1ge OF an act Incorporating the South Bend ).
iacturing Company an act relative TO the collec
ton OF delinquent taxes: a Joint resolution on the
subject of obstruction to the CATION of the Mis-
s'sslpp and Ohio rivers and their tributaries were
several read and ordered to a second reading
The bill Of the Senate, to authorize special ses-
SION OF the johnson circuit court was read three
several times aud passed
Petitions yresenfed-By Mr.. Thompson, for
change in the Probate law; referred.
By Mr.. Hawkins, for the Incorporation of the
town of Portland referred also petition of Jane
Dillon for divorce referred to a select commit
tee.
BY Mr.. Coffin, for road referred
by Mr. Shoup, relative to the White Water val
ley canal company referred TO the committee on
canals. &c.
By NIr. Cooley. petition on the same utjcct ,
referred.
by SIR. Carter, for an amendment in the reve.
nue. law; referred TO the committee on revision.
Mr. Wight, from the committee of ways and
means, reported inexpedient for the treasurer of
State to redeem fifty dollar notes with iyes
hr. Brown Of W., from the judiciary committee,
reported bill to legalize the election of certain
constables IN Henry county read three times end
passed.
Mr.. Thompson from the committee on education,
to which was referred, a bill to repeal act APP
plying certain funds to the purposes of education
reported a recommendation that said bill be indcfi-
nItely postponed which report not concurred
in.
Mr.. White moved that the bill be laid upon the
table; which motion was decided in the negative,
ayes 81, noes 81.
The question recurring the engrossment Of
the bill.
Mr.. Bradley gave of the reasons which in
duced the committee 10 oppose this bill. The Jaw
made 1t obligatory Justices and clerks TO make
affidavit, whether they have any such funds in their
hands and report in each year or be subject 10
indictment. lie considered this The only way in
which proper accountability could be had. The
duty imposed upon these officers was certainly not
onerous when compared with the good to be effect
ed.
Mr. Bradley moved to strike out the first section
which repeats much of the law as subjects clerks
and justices to Indictment for failing TO report I'M
der oatf-leayIng so much cxOnerates persons
from indictments pending from the penalty of
said indictments.
Mr. Moore Of o. moved to recommit 10 a select
.,.h
law.
Mr.. Robinson was in favor Of a repeal Of the whole
law. The fact that persons suffer fees due them
to remain IN the hands of officers, he contended,
was the business of the persons to whom they ere
due and not of the public. lie considered that the
case was analogous TO that of a person deposltlng
money in bank, and the Legislature had just as
much right lay hold of said deposites If called
Tor IN gwen time, as to take possession of these
fees.
Mr.. Lowe i'll favor of making clerks and JUS
Ices pay over these moneys in six months after
collection.
Mr. Nelson SAID, that it was not taking these
moneys from the clerks and justices, it was only
changing the place Of deposte. Great amounts
were IN the hands of these officers uncallcd for,
which he thought might well be used for educa-
tion purposes.
Mr.. DAVIS of 5. said there was great inconveni
encc officers, who would be prevented from max +
ing offsets aud otherwise settling with witnesses.
Mr.. Wright said. that the law PLAIN and de- I
finite. The justices had twelve months to settle
these costs with witnesses, and he opposed TO
even generating persons now indicted. 1t would
teach them to know the law hereafter. The only
complaint he had heard. was made by some officers,
who had no fees in their hands.
Mr.. SluSs said that these officers frequently put
of the persons To whom costs were due when de-
manded. Let the law continue, and they would
pay up promptly for fear of an Indictment
Mr. lfv1ftn oveIf ha hill nude do
alton be postponed until the first Monday IN June
next; Which motion was decided in the negative,
ayes IL, noes 80.
The question recurring on rccommitting d.
vision OF the question having been called-it was
decided IN the negative, ayes 46. noes 50.
The question asi.a recurring on striking out the
irst section.
Mr.. Edwards moved to amend, oy INSERTING that
aid officers snail not be required to report the funds
IN hand, unless the said fees shall have remained
IN hand twelve months immediately preceding the
ime required for making out their reports
Mr. Rose SAID, the same arguments had present
ID themselves 10 him that had been urged by gen
lemen. Great difficulties had arisen in the con.
truction of the law. lie favored the proposition OF
he gentleman from Crawford.
The amendment was then adopted.
The question again recurring on striking out the
rst section. Mr.. Bradley mod fed bis motion,
o except the provision Just inserted the question
vas then taken, and decided in the affirmative
yes 81, 81.
Mr.. Robinson now moved that the bill be recon-
lted TO the committee on revision which motion
revealed.
Mr. Matheny moved TO instruct the committee as
flows " That the officers making such returns
hall be allowed mileage for ali such returns made
y them to be paid out of SAID fund"
Mr.. Hills moved To amend by directing the com
'ittee 10 enquire into the expectancy of making
nd allowance
Mr.. Shoup moved that the instructions be laid
non the table which motion nrsvailed