Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-01-22

read the third time and passed.
Resolutions offered
BY Mr.. Nelson that the committee charged with the
revision of the probate law shall observe the following
principles in any bill they may present:
No administration shall be required where widow is
left II the real and personal property does exceed
five hundred dollars, and that said shall go to
the widow free from all debts except legal membranes
No creditor shall be permitted to swear to his own
accounts; but the proof shall be required as in
other cases.
Administrators shall be required to settle up estates
within years, and sooner if required by the Court
to do So except in cases particular provided for
Mr. Nelson said it will be that this an mpera
tive resolution He had made it such in order to obtain
the sense of the House on this subject He said that IL
will be remembered that he had time since offered
similar resolution, but what had become Of it one
could tell.
Mr. Spencer said that he should like it better if it
was a resolution OF inquiry. He opposed TO the
adoption of the resolution.
MIR Owen said that he favored majority of the prin
cples contained in the resolutions yet he thought that
the subjects should be contained in separate resolutions
in order that we can vote on them separately.
Mr. Hudson opposed the resolution.
Mr.. Gibson eoncurred in the opinions OF Mr. Owen
relative dividing the different subjects coatained in
the resolution. He was in favor of of them vet
under no circumstances could he for others He
moved to amend by adding after the word widow in
the first clause the words in trust for herself and her
minor children"
amendment by adding the word CHS" the amend
ment will read " in trust for herself and his or her mi
children
Mr. Lewis opposed the amendment.
Mr. Nelson said that il the amendment of Mr.. Glib
adopted the resolution would be of account
He hoped the amendment would not be adopted.
The amendment of Mr.. Owen was not adopted
Mr.. Owen opposed the adoption of the amendment Of
Mr.. Gibson. He asked gentlemen If maternal love was
not strong that of paterna. He conended that
the affections Of mother much stronger than that
OF father Holy writ teaches that such the fact
Mr. Gibson advocated the adoption of his amend
ment.
The amendment concur red in.
Mr. Stanfeld moved amend by adding, ''or the acts
Of her husband in the purchase Of real estate"
The amendment agreed to.
Mr.. Gibson moved to strike out the following, % adj
illustrators shall be required TO settle up estates within
years and sooner, if required by the Court do
50, except in cases particularly provided for"
Mr. Nelson said that this is one of the principles in
this resolution, which he desired retained. Under
the present system estates remain IN the Probate Court
for teer years until the entire amount of
absorbed. 1t frequently that estates are
worth considerable amount when first taken in hands
by administrators but before final settlement they
reported be nsolvent. This is evil which should
be remeded, and instead Of looking after distrcting bills
and other kindred measures should attend TO such
matters as concern ALL No law be passed by the
present Legislature which is Of Importance than
the one under consideration He would urge members
to retain this provision in the resolution.
Mr.. Donaldson moved to make the resolution of
inquiry.
Mr. Buskrk said the fault was not in law, but in the
manner in which it was administered. The present law
requires administrators to make hnal settlement in egh
teen months.
The motion Of Mr.. Donaldson was agreed TO-
On motion of Mr. Nelson the resolution laid on
the table.
BY Mr.. Smith OF Spencer calling upon the Auditor
Of State for Information in relation the Madison and
indianapolis railroad; adopted.
BY Mr. Carpenter, that the committee on corpora
tions inquire into the cxpedency of reporting bill pro-
ving for the improvement OF the rivers in this State
adopted.
BY Mr.. English, that the committee the orgsn,za-
ton of of nstce be required To inquire the
expedency Of giving TO county commissioners power 10
open streets and alleys in villages; adopted.
By Mr. Spencer, that bill be reported requiring adj
illustrators, g.ardans, &c., submit their accounts
before final settlement, to Master some other off,
Ger lost.
Mr. Graham introduced joint resolution relative to
the improvement of the Patokah and the fork Of
White River; read first time.
Mr. Carpenter introduced bill relating TO Prosecut-
ing Attorneys in the 4th and 9Th judicial circuits read
first time.
Orders of The Day.
The bill TO organize Court Of Common Pleas
taken up, and after amending the bill,
Mr.. Owen moved to recommt the bill to the commit
the organization Of courts Of justice, with the
following instructions:
To strike ont the 39ih section making provision Tor
the salary of the Judge and insert lieu thereof the
provision that the Judge shall be ex-oco the clerk of
said court and shall discharge the functions OF that Of
fee the may he required by law Of clerks
of circuit courts and amend the of the bill,
where necessary, TO correspond TO the above
change in the mode of remuneration
Mr.. Owen advocated recommtment, and was op
posed the creation Of the eighty three Judges which
The bill proposes. He preferred the present probate
system the system proposed be placed in operation
by this bill.
Mr. Hudson offered additional Instructions to the
mittee.
1.-The instructions could not possibly be understood
unless the entire bill is published
Mr. Hudson was opposed taking the clerks of the
circuit courts from their duties and placing them upon
the bench as ndees. He thought by such a system the
clerks necessarily neglect their duties in the Cir
cult Courts He also opposed the principle in the bill
which docket fee on the losing party. he said
that he was the committee forced into this
in order raise the pay the per diem
Of their judges, yet he thought II was wrong prlncl-
pie.
Mr.. Smith of Spencer opposed to the proposition
OF Mr.. Owen.
Nj Gibson said that he could not favor either the bill
the proposition of Mr.. Owen He had proposition
which, at the proper time he would submit, if the in
strucons now before the House concurred in.
Mr. Stuart said tins bill proposes to substitute in the
place of the old associate judges, county judicial off,
Ger, issue wrs of habeas corpus grant inunctons,
&C. He thought that officer of this description
requisite in almost every county in the State. e YOU
have district Judge do the county business il will
be impossible for him to tell when sufficient security has
been given by parties.
Mr.. Owen withdrew his instructions to the CON-
mittee
Mr.. Hudson withdrew his Instructions to the com.
.aittee
House adjourned.
AFTERNOON SESSION.
The House met
But before any business transacted, alarm
given that the Capital House on fire; when
The House adjourned.
Mad;so, Couptv