1853 Laws of Indiana

Part of the Historic Indiana Law Project.

Laws of the State of Indiana, Passed at the Thirty-Seventh Session of the General Assembly. Indianapolis : J. P. Chapman, 1853. Google Books

 

ALLOWANCES.

Chapter 1. An act amendatory of the sixth section of an act entitled “an act to authorize and limit allowances by Courts and boards, and drafts upon county treasurers,” approved May 27, 1852, and to authorize allowances to poor persons in certain cases.

APPROPRIATIONS, GENERAL.

Chapter 2. An act making general appropriations for the years 1853 and 1854.

APPROPRIATIONS, SPECIFIC.

Chapter 3. An act making specific appropriations for the year 1853.

ASSESSORS, TOWNSHIP.

Chapter 4. An act providing for the compensation of Township Assessors.

BASTARDY.

Chapter 5. An act giving Common Pleas Courts concurrent jurisdiction with Circuit Courts in cases of complaints for Bastardy and Surety of the Peace.

BLIND AND DEAF AND DUMB.

Chapter 6. An act to amend an act entitled “an act for the support and management of the Indiana Institute for the education of the Blind,” approved June 18, 1852; also, amendatory to an act entitled “An act to provide for the government and support of the Institution for the education of the Deaf and Dumb,” approved June 14, 1852.

BOUNDARY, WARRICK AND SPENCER COUNTIES.

Chapter 7. An act to correct and define more correctly the boundary line between the counties of Warrick and Spencer.

Chapter 8. An act to amend an act entitled “an act to provide for the erection and repair of Bridges,” approved May 22, 1852.

Chapter 9. An act in relation to the Construction of Bridges over certain Navigable Streams, and prescribing the penalty of a violation of the permission herein set forth.

CANAL, WABASH AND ERIE.

Chapter 10. An act to amend the fourteenth section of an act entitled “an act for providing for the incorporation of bridge companies,” approved March 9, 1852.

Chapter 11. An act in regard to Criminal Prosecutions against the Trustees of the Wabash and Erie Canal.

CENSUS REPORTS.

Chapter 12. An act for the distribution of the Census Reports of 1840 and 1850 to the Counties.

CITIES.

Chapter 13. An act amendatory of the second section of an act for the incorporation of cities, approved June 18, 1852; and for a more economical method of ascertaining the population of such cities, preparatory to the adoption of the provisions of the act herein mentioned, of June 18, 1852.

Chapter 14. An act to amend an act entitled “an act for the incorporation of Cities,” approved June 18, 1852.

Chapter 15. An act authorizing Cities to subscribe Stock in Railroad, Plankroad or Turnpike Companies.

COLONIZATION.

Chapter 16. An act providing for the colonization of Free Negroes, making appropriation therefor, and establishing a colonization agency.

CONVEYANCES.

Chapter 17. An act supplemental to an act entitled “an act concerning real property and the alienation thereof,” approved May 6th, 1852, and to provide for the sale and conveyance of the interest of an insane wife in the hands of her husband.

Chapter 18. An act to provide for the conveyance of donation lands adjoining the town of Indianapolis, in cases where the holder of the certificate of purchase therefor is deceased.

CORONERS.

Chapter 19. An act to amend section four and section six of an act entitled “an act prescribing the powers and duties of Coroners,” approved May 27, 1852.

COUNTY BOARDS.

Chapter 20. An act to amend an act entitled “an act to provide for the organization of County Boards, and prescribing some of their powers and duties,” approved June 17, 1852.

COUNTY SEAT.

Chapter 21. An act to authorize the re-location of the seat of justice of the county of Clay, and to authorize the receiving of subscriptions and donations for the erection of the public buildings in said county.

Chapter 22. An act to authorize the voters of Switzerland county to determine the location of the county seat of said county, and to fix the same, and providing for the erection of public buildings, should a change of location be made; and matters properly belonging thereto.

COURTS, CIRCUIT.

Chapter 23. An act to create the Eleventh Judicial Circuit and to fix the time of holding Circuit Courts therein, and to attach Jasper county to the Ninth Judicial Circuit.

Chapter 24. An act to change the time of holding circuit courts in the second judicial circuit.

Chapter 25. An act fixing the time of holding Circuit Courts in the fifth judicial circuit.

Chapter 26. An act to fix the time for holding the Circuit Courts in the Eighth Judicial Circuit.

Chapter 27. An act to fix the time of holding Courts in the ninth judicial circuit and the length of terms.

Chapter 28. An act to change the time of holding Circuit Courts in the tenth judicial circuit.

Chapter 29. An act to provide for the postponement of the Marion Circuit Court during a part of the session of the Supreme Court.

COURTS, COMMON PLEAS.

Chapter 30. An act to transfer the business in the Probate Courts, and the Probate business pending in the Circuit Courts, to the Courts of Common Pleas, to provide for empaneling juries, and to legalize the business heretofore done therein.

Chapter 31. An act giving to the Court of Common Pleas concurrent jurisdiction with Justices of the Peace in actions of forcible entry and detainer, and against tenants holding over.

Chapter 32. An act to change the time of holding the courts of Common Pleas in the district composed of the counties of Vanderburgh and Warrick, and to authorize an extra term of said court in each of said counties.

Chapter 33. An act fixing the time of holding the courts of common pleas, and the length of the terms thereof, in the several counties of this State.

Chapter 34. An act to regulate the taking of Appeals from the court of Common Pleas.

DECEDENTS’ ESTATES, SETTLEMENT OF.

Chapter 35. An act to amend an act providing for the settlement of decedents’ estates, prescribing the rights, liabilities and duties of officers connected with the management thereof, and the heirs thereto, and certain forms to be used in such settlement, approved June 17, 1852.

Chapter 36. An act to amend section 95 of an act entitled “an act providing for the settlement of decedents’ estates, prescribing the rights, liabilities and duties of officers connected with the management thereof, and the heirs thereto, and certain forms to be used in such settlement,” approved June 17, 1852.

DELINQUENT LANDS.

Chapter 37. An act to authorize county Treasurers to sell delinquent lands, in certain cases, to the highest bidder.

DESCENT, LAW OF.

Chapter 38. An act to amend the eighteenth, twenty-fourth, twenty-fifth and twenty-sixth sections of an act entitled “an act regulating descents and the apportionment of estates,” approved May 14th, 1852, and adding a supplemental section to said act.

DRAINS AND LEVEES.

Chapter 39. An act to amend section first and section twelfth of an act entitled “an act to authorize the construction of Levees and Drains.”

DRAW-BRIDGE COMPANIES.

Chapter 40. An act requiring drawbridge companies to keep lights at night.

ENUMERATION.

Chapter 41. An act to provide for the enumeration of all the white male inhabitants over the age of twenty-one years, in the State of Indiana, in the year 1853, and pay the officers for taking the same.

EVIDENCE.

Chapter 42. An act to prohibit the evidence of Indians and persons having one-eighth or more of negro blood in all cases where white persons are parties in interest.

EXCHANGE OF STATUTES, ETC.

Chapter 43. An act to authorize and request the Governor to exchange the Revised Statutes, Laws, Documentary Journals, and reports of the Supreme Court of this State with those of other States of the Union.

FEES.

Chapter 44. An act to amend an act entitled “an act regulating the fees of officers,” approved June 16, 1852.

FELONY.

Chapter 45. An act to provide for the punishment of persons guilty of counseling and advising, aiding and abetting, in this State, in the perpetration, or attempt to perpetrate, an offense in another State, which by the laws of this State shall be a felony.

Chapter 46. An act to repeal section six of an act entitled “an act defining felonies and prescribing punishment therefor,” approved June 10, 1852.

FERRIES.

Chapter 47. An act to amend an act entitled “an act to establish and regulate Ferries,” approved June 17, 1852.

FRAUDS IN THE USE OF FALSE STAMPS.

Chapter 48. An act to punish and prevent frauds in the use of false Stamps and Labels.

GUARDIANS.

Chapter 49. An act authorizing guardians, executors and administrators to lay off the real estate of their wards and decedents into town lots, and to dedicate streets, alleys and squares to public use, when so ordered by the proper court.

Chapter 50. An act to authorize foreign guardians to sell real estate of their wards in this State.

HIGH SCHOOLS.

Chapter 51. An act to amend the first, second and third sections of an act entitled “an act for the incorporation of high schools, academies, colleges, universities, theological institutions, and missionary boards,” approved May 13, 1852.

HIGHWAYS.

Chapter 52. An act to amend sections 24 and 31 of an act entitled “an act to provide for the opening, vacation and change of highways,” approved June 17th, 1852.

ILLEGITIMATE CHILDREN.

Chapter 53. An act to enable Illegitimate Children to inherit in certain cases.

INCORPORATIONS, TRUSTEES OF.

Chapter 54.  AN ACT to amend an act entitled “an act to enable trustees to receive lands and donations, and convey the same, for the use of schools, churches, religious societies, Masonic and Odd Fellows’ Lodges, Sons and Daughters of Temperance, and for the construction of cemeteries, houses of worship, or other buildings therein mentioned,” approved June 17, 1852.

INDIANA COTTON MILLS.

Chapter 55. An act amendatory of, and supplemental to, an act entitled “an act to incorporate the Indiana Cotton Mills,” approved Feb. 15, 1848.

INSANE, HOSPITAL FOR.

Chapter 56. An act to amend an act entitled “an act for the government of the Indiana Hospital for the Insane,” approved January 15, 1852.

INSURANCE COMPANIES.

Chapter 57. An act to amend an act entitled “an act for the incorporation of Insurance companies, defining their powers, and prescribing their duties,” approved June 17, 1852.

Chapter 58. An act to amend an act entitled “an act for the incorporation of insurance companies, defining their powers and prescribing their duties,” approved June 17, 1852.

JURORS, PETIT.

Chapter 59. An act to provide for the selection and empaneling of petit jurors in the Court of Common Pleas, and providing compensation therefor, being supplemental to an act entitled “an act prescribing the manner of empaneling petit jurors, the number and compensation thereof,” approved May 20, 1852.

JUSTICES OF THE PEACE.

Chapter 60. An act to authorize justices of the peace to issue subpoenas for witnesses in adjoining counties, and fixing their fees.

LAND OWNERS IN RISING SUN.

Chapter 61. An act to repeal an act entitled “an act for the relief of certain land owners within the corporate limits of the city of Rising Sun, in Ohio county,” approved January 5, 1849.

LAWS—PRINTING, DISTRIBUTION AND PUBLICATION.

Chapter 62. An act providing for the printing, binding and distribution of the laws of the present session of the General Assembly.

Chapter 63. An act to consolidate the laws in relation to Highways, as also the election and duties of Supervisors of the same in pamphlet form.

Chapter 64. An act to provide for the distribution of the Township Law.

LIENS.

Chapter 65. An act to give livery stable keepers and others engaged in the feeding of cattle, horses, hogs and other live stock a lien upon the same for their services as such, being supplemental to an act concerning liens of mechanics, merchants and others, approved May 20, 1852.

LIQUORS.

Chapter 66. An act to regulate the retailing of Spirituous Liquors, and for the suppression of evils arising therefrom.

Chapter 67. An act to amend the thirty-seventh section of an act entitled “an act defining misdemeanors, and prescribing punishment therefor,” approved June 14, 1852.

MANUFACTURING COMPANIES.

Chapter 68. An act to amend section one of an act entitled “an act for the incorporation of manufacturing and mining companies, and companies for mechanical, chemical and building purposes,” approved May 20, 1852.

Chapter 69.  AN ACT to amend an act entitled “an act to incorporate the Cannelton Steam Mill and Manufacturing Company,” approved February 16th, 1848; changed to the name of the Troy Manufacturing Company, by an act approved January 15th, 1849, to enable said company to increase its capital stock to two hundred thousand dollars, and to hold real estate to the amount of fifty thousand dollars, and to manufacture cotton.

MASTER COMMISSIONERS.

Chapter 70. An act to authorize judges of the circuit courts and courts of common pleas to appoint Master Commissioners, and denning the duties and fixing the compensation of such master commissioners.

MILLS OR MACHINERY.

Chapter 71.  AN ACT to authorize any person desiring to erect a flouring mill or other machinery to be propelled by water, on his own land, to make a race way below such mill or machinery, through land belonging to other persons, and to regulate the assessment and payment of dam ages therefor, being an act supplemental to article 41, chapter 1, of part second of the Revised Statutes of 1852.

Chapter 72.  AN ACT to prevent the forfeiture of the charters of mining or manufacturing companies within this Slate, on account of irregularities in the time and place effecting of stockholders or directors, or in the election of officers, or for having subscribed stock in or made loans to any other incorporated company in this State.

MISDEMEANORS.

Chapter 73. An act to amend section 3 of an act entitled “an act defining misdemeanors, and prescribing punishment therefor,” approved June 14th, 1852.

NOTARIES PUBLIC.

Chapter 74. An act to amend an act entitled “an act providing for the appointment of Notaries Public, and defining their powers and duties,” approved June 9th, 1852, “amending section 2, and repealing section 3 of said act.”

OATHS.

Chapter 75. An act to amend an act entitled “an act touching official bonds and oaths,” approved June 9, 1852.

PENITENTIARY.

Chapter 76. An act authorizing the Governor to contract for the erection of an additional number of cells at the Penitentiary, and for making certain improvements upon the grounds thereof.

PLANK ROADS.

Chapter 77. An act to legalize irregularities heretofore occurring in the filing of articles of association of Plank Road Companies.

Chapter 78. An act to amend an act entitled “an act authorizing the construction of Plank, McAdamized, and Gravel Roads,” approved May 12, 1852.

Chapter 79.  AN ACT to enable Turnpike, Plank, Gravel, and McAdamized Road Companies heretofore chartered, who have gone on to construct their roads, but hare failed to complete the same within the time specified in their charters, to complete their unfinished roads, and to erect tollgates.

PRACTICE.

Chapter 80.  AN ACT to amend section 75 of an act entitled “an act to revise, simplify and abridge the rules, practice, pleadings and forms in civil cases in the courts of this State; to abolish distinct forms of action at law, and to provide for the administration of justice in a uniform mode of pleading and practice, without distinction between law and equity.”

Chapter 81. An act to amend section 119, of an act entitled “an act to revise, simplify and abridge the rules, practice, pleadings and forms in criminal actions, in the courts of this State,” approved June 17, 1852.

PROCESS ON RAILROAD COMPANIES.

Chapter 82. An act providing for serving process upon the Officers, Directors, Attorneys or Agents of any Railroad Company.

RAILROADS.

Chapter 83. An act authorizing Railroad Companies to change their names.

Chapter 84. An act to authorize two or more Railroad Companies to assume a common name, and to sue and be sued, contract and be contracted with, and prosecute their business, under such common name.

Chapter 85.  AN ACT to authorize Railroad companies to consolidate their stock with the stock of Railroad companies in this or in an adjoining State, and to connect their roads with the roads of said companies, and to authorize Railroad companies to construct their roads on the routes which they may hare heretofore surveyed and located, and to use and occupy the same when completed.

Chapter 86.  AN ACT to explain an act entitled “an act authorizing Railroad Companies to consolidate their stock with the stock of railroad companies in this or an adjoining State, and to connect their roads with roads of said companies, and to authorize railroad companies to construct their roads on the routes which they may hare heretofore surveyed and located, and to use and occupy the same when completed,” approved February 23, 1853.

Chapter 87.  AN ACT authorizing corporations formed in pursuance of an act entitled “an act to provide for the incorporation of railroad companies,” approved May 11, 1852, to file in the office of the Secretary of State a certified copy of their articles of association, in lieu of their original articles of association, and legalizing the action of such corporations in that respect where such certified copy has been heretofore so filed in lieu of the original articles, and prescribing the effect of such copy.

Chapter 88.  AN ACT granting the right of way to the Ohio and Indianapolis Railroad Company to construct a railroad through the grounds of the State surrounding the Asylum for the Deaf and Dumb.

Chapter 89. An act to amend the charter of the Lawrenceburgh and Upper Mississippi Railroad Company.

Chapter 90.  AN ACT to amend the first section of an act approved February 11, 1851, entitled ” an act to amend an act entitled an act to incorporate the Lake Michigan, Loganaport and Ohio Railroad Company,” enacted by the General Assembly in February, 1848, and empowering said company to run their road to such point on the tine of the Northern Indiana Railroad as said company may select.

Chapter 91. An act to amend the charter of the Evansville and Illinois Railroad Company.

Chapter 92. An act to prevent Railroad Companies from changing their Depots, except on conditions therein named.

Chapter 93. An act to provide compensation to the owners of animals killed or injured by the cars, locomotives or other carriages of any railroad company in this state.

RECORDERS.

Chapter 94. An act to amend an act entitled “an act authorizing Recorders to make out complete or general indexes to records of deeds and mortgages, and to procure and use seals,” approved February 16th, 1852.

RECORDS.

Chapter 95.  AN ACT to authorize and require clerks of the court of Common pleas, in all cases where the proper record books have not been provided in time for the January term of said court, for the year 1853, to transcribe from the original records into the new record-books, when provided, and to legalize the same.

RELIEF.

Chapter 96. An act supplemental to an act entitled “an act for the relief of certain persons therein named,” approved February 16, 1848, which act reads in the words and figures following: “An act for the relief of certain persons therein named,” approved February 16, 1858.

Chapter 97. An act for the relief of Henry Pittenger, of Delaware county, and prescribing the duties of the Auditor of said county in relation thereto.

REPEAL.

Chapter 98. An act to repeal certain acts therein named.

Chapter 99. An act to repeal certain sections of the law incorporating the town of Cleaveland, in Hancock county.

Chapter 100. An act to repeal an act entitled “an act to locate a State road in the counties of Clay and Owen.”

Chapter 101. An act to repeal an act entitled “an act to amend the charter of the Evansville and Illinois Railroad Company,” approved Feb. 8, 1851.

REPORTS OF OFFICERS OF STATE.

Chapter 102. An act to provide for Annual Reports of State Officers, Branches of the State Bank, and Benevolent Institutions to be made to the Governor.

RESERVOIRS.

Chapter 103. An act in relation to the Reservoirs in the counties of Gibson and Clay.

REVENUE.

Chapter 104. An act to raise a revenue for State purposes for the years 1853 and 1854.

REVISED STATUTES.

Chapter 105. An act giving validity to the alterations made and omissions supplied to the Revised Statutes, and in the code of civil and criminal practice of 1852, by the persons superintending the publication of the same.

SCHOOLS, COMMON.

Chapter 106. An act amendatory of, and supplemental to, an act entitled “an act to provide for a general and uniform system of common schools, and school libraries, and matters properly connected therewith,” approved June 14, 1852.

SCHOOL FUND.

Chapter 107. An act to provide for the distribution of the School Fund for the year ending on the fourth Monday in March, 1853.

SCHOOL MONEYS.

Chapter 108. An act for the relief of the inhabitants of township twelve north, of range nine west, in Vigo county, Indiana, and providing a receiver for certain school moneys belonging to the common school fund of said township.

SWAMP LANDS.

Chapter 109. AN ACT supplemental to an act entitled ” an act to regulate the sale of the swamp lands donated by the United States to the State of Indiana, and to provide for the draining and reclaiming thereof in accordance with the condition of said grant. This act to regulate the title of all those who purchased swamp land of the United States after the date of the donation and before the selection of the swamp lands, and to enable purchasers to purchase forty acre tracts, and to grant pre-eruptions in certain cases to occupiers of the swamp lands.

TAXES.

Chapter 110. An act requiring county Commissioners to perform certain duties in relation to the refunding of taxes wrongfully assessed and collected.

TELEGRAPH COMPANIES.

Chapter 111. An act for the better regulation of telegraph companies, and legalizing their former acts.

TOWNS.

Chapter 112. An act to amend an act entitled “an act for the incorporation of towns, defining their powers, providing for the election of the officers thereof, and declaring their duties,” approved June 11, 1852.

TOWNSHIP BUSINESS.

Chapter 113.  AN ACT to amend the fifth section of an act entitled “an act for the more uniform mode of doing township business,” approved May 6th, 1852, which section reads as follows, to wit: “The qualified voters in each township shall, on the first Monday in April, annually, at the usual place of holding elections in such township, elect three trustees, a clerk and treasurer, who shall severally hold their offices for one year, and until their successors are elected and qualified, and before entering upon the duties of their respective offices, they shall take an oath or affirmation, before a justice of the peace of the proper township, for the faithful performance of their respective offices.

Chapter 114. An act to amend an act entitled “an act for a more uniform mode of doing Township Business,” approved May 6, 1852.

Chapter 115. An act authorizing the township trustees, in the several townships in this State, to administer oaths.

TREASURER OF STATE.

Chapter 116. An act to amend an act entitled “an act prescribing the duties of Treasurer of State,” approved May 20th, 1852.

Chapter 117. An act to amend an act entitled “an act in relation to County Treasurers,” approved June 4, 1852.

TREASURERS, COUNTY.

Chapter 118. An act requiring County Treasurers to keep their offices in Fire Proof Buildings, where the same have been provided by the County Board.

VACANCIES IN OFFICE.

Chapter 119. An act to repeal section 3, of an act entitled “an act touching vacancies in office, and filling the same by appointment,” approved May 13, 1852.

VOLUNTARY ASSOCIATIONS.

Chapter 120. An act to amend an act entitled “an act to authorize the formation of Voluntary Associations,” approved May 13, 1852.

Chapter 121. An act to authorize Voluntary Associations to hold and convey property.

CANAL CERTIFICATES.

Chapter 122. An act to legalize certain State Wabash and Erie canal Certificates.

WEIGHTS AND MEASURES.

Chapter 123. An act to amend section three of an act entitled “an act for the regulation of Weights and Measures,” approved June 9, 1852.

WILL.

Chapter 124.  AN ACT to amend section 36 of an act entitled “an act prescribing who may make a will, the effect thereof, what may be devised, regulating the revocation, admission to probate, and contest thereof,” approved May 31st, 1852.

Chapter 125. AN ACT to amend the 17th section of an act entitled “an act prescribing who may make a will, and the effect thereof, what may be devised, and regulating the revocation, admission to probate, and contest thereof.

JOINT RESOLUTIONS.

Chapter 1. A joint resolution in reference to obtaining permission of the State of Illinois to open the falls and straighten the channel of the Kankakee river above said falls.

Chapter 2. A joint resolution to instruct our Senators and request our Representatives to procure the passage of a law by Congress to grant lands to actual settlers.

Chapter 3. A joint resolution asking Congress to donate all the unsold lands in the State of Indiana for common school purposes.

Chapter 4. A joint resolution instructing our Senators and requesting our Representatives in Congress to use their influence to procure the passage of an act for the benefit of John Linsey and James Elliott.

Chapter 5. A joint resolution relating to the construction of a canal around the Falls of Ohio.

Chapter 6. A joint resolution relative to the Michigan City Harbor.

Chapter 7. A joint resolution in regard to a right of way.

Chapter 8. A joint resolution asking indemnity from the Congress of the United States for the failure of the title of a portion of lands heretofore granted by Congress to the State of Indiana, for the use of a Seminary of learning.

Chapter 9. A joint resolution on the subject of a Ship Canal around the Falls of Niagara, connecting Lake Ontario and Lake Erie.

Chapter 10. A joint resolution relative to granting Pensions to Widows and Orphans.

Chapter 11. A joint resolution in regard to the Industrial Exhibitions to be held in New York in May next, and in New Orleans in February 1854.