Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-02-04
JAS. wHITCoMB.
An Act


10 amend the ASH chapter Article 5th Of the Revised
STATUTES Of ls43, in regard 10 torts IF ad guOd dam
SECTION l. Be it enacted 5y the General Assemble Of
me State Of Indiana, That whenever any circuit court
hereafter grants aud orders writ of ad ood daunuup
and shall appear the when application is made
Tor the writ that the Sheriff is related by affinity or con-
sanguinty to the applicant. any person whose land
or interest may likely be affected under proceedings by
authority Of the writ if the applicant files an affidavit
that he or she is apprehensive that injustice will be done
IN empanneng the jury by the Sh e it shall hereupon
become the duty OF the court to designate and appoint
disIneresed and discreet person whom the writ shall
be directed to discharge all the duties which would have
been incumbent upon the Sheriff by virtue Of the statute
to which this Is an amendment, if the writ had been de
rected to him.
Sec. 2 The court, instead of ordering the Sheriff or
other persons to empanne the Jury and hold the inquest
upon certain day named in the writ shall leave TO the
Sheriff, or the person whom directed within
reasonable time after the writ delivered 10 him. 10 de-
sgnae the day Of inquest Of which be shall give the per-
son obtaining the writ ten days notice. and in enpanne
ing the jury, the person obtaining the writ or any other
person. whose interest may be effected by the inquest,
shall have the right of peremptory challenge to three
jurors and Tor good cause to any number and in
any Jurors being challenged is above provided ff
other jurors shall forthwith be summoned to fiji up the
psnnel.
Sec 3. If from any cause, the Sheriff or person acting
under the writ does not hold the inquest upon
The day ne desgnate then he may hold the inquest mon
any subsequent day previous to the return dav of the
writ in which be shall be directed by the foregoing prOy
sions of this section.
Sec 4. The Sheriff other person acting under the
writ shall at the request Of the person who obtained the
writ summons any witness to bear evidence TO the iurv M
to high water or backwater mark to the fall Of water
in the premises or TO whatever question jury may wish
TO be informed.
Sec The Sheriff person acting by authority of The
WRIT shall swear the Witnesses and the person obtaining
the writ, by himself another shall point out and desg
nate to the jury the site and spO, where he desires to
build dam and construct mill machinery, which The
ay shall accurately examine, and then proceed to exam.
Inc the stream and premises above high up NAV
be aPprehended any ones interests may be affected as Is
provided IN the statute to which this amendment.
and upon the inquest being made and returned to court
the court shall in all respects except this act il
provided, be governed by the act to which this is an
amendment.
Sec g. This act shall be in force from and after its pub
llcaton in the Indiana State Sentinel or Indiana State
Journal" ROBERT N. CARNAN,
Speaker of the House of Representative
PARIS G. DUNNING,
President Of the Senate
Approved, January Is, ls47.
JAMES wurTC0xru