course, excavated or constructed by such person across any public road or highway for hydraulic purposes; nor shall any person be required to keep in repair any bridge that has been, or that may hereafter be erected over any mill-race or water. course so, as aforesaid, excavated or constructed; provided that when any public road or highway shall hereafter be laid out, it shall be the duty of the person possessed of such right, within one year thereafter, to file in the office of the auditor of the proper county, a declaration in writing of such right, describing the same, setting forth therein the place at which (as near as practicable) he intends at some future day to excavate and construct a mill-race or water-course, as aforesaid, across said road or highway, which declaration, shall be recorded by said auditor, and thereafter such right shall be considered valid in law for the benefit of such person, his heirs and assigns; nothing in this act shall be so construed as to prevent any person possessed of such right, from constructing a mill-race or water course across any public road or highway that has been laid out heretofore, on giving the notice required by the second section of this act.

When any person shall, for the purposes in the first section of this act, excavate or construct any mill. race or water-course across any public road or highway, he is required to give notice in writing to the trustees of the proper township, at least thirty days previously, and in case of failure to do so, the supervisor of the proper district is required, if in his opinion the public good demands it, to fill up such mill. face or water-course, at the expense

of the person so neglecting to give notice; and the expense is to be recovered by the supervisor, together with fifty per cent. thereon, and costs of suit, for the use of such road district, in any action before any court of competent jurisdiction.

AGRICULTURAL SOCIETIES.-An act was passed to encourage the establishment of agricultural societies in the several counties of the state. The county commissioners, in June, 1833, and annually afterwards if they deem it necessary, are to give notice that a meeting will be held at the court-house of the county, on the last Friday of June, for the purpose of organizing a county agricul tural society. If there shall assemble any number of persons exceed. ing twenty, they may proceed to or. ganize the society, by choosing a president, directors, &c., who shall hold their offices for one year, and until their successors are elected. Annual meetings are to be held for the choice of officers, and transac tion of other business. No member of any such society shall be liable to pay, for the benefit of the society, a greater sum than $5 in any one year; and all moneys paid by the members, and donations from other persons, are to be appropriated to the encouragement of agriculture, horticulture, domestic manufactures, &c. The county commissioners of any county are authorized, if they deem it expedient, to appropriate out of the county funds, for the benefit of the society, a sum not exceeding $50 in any one year; and the directors of each society are annually to transmit to the legislature a report of the state of the society, its effect on the agricultural interests of the county, &c.

Expense of roads and bridges,

$61,599

72,138

164,750 112,726 56,874

LEGISLATION.-At the seventeenth session of the legislature of Indiana, commenced on the first Monday in December, 1832, one hundred and eighty three acts, and twenty five joint resolutions were passed.

APPROPRIATIONS.-By the act making general appropriations for the year 1833, the sum of $21,000 is appropriated for the expenses of the general assembly; for the exe. cutive department, $2,600; for the judiciary department, $7,900; for probate judges, $2,500; for other expenses, $5,950.

ASYLUM.-An act was passed to incorporate the trustees of the St. Joseph Orphan Asylum.

BRIDGES. By this act a company was incorporated for the purpose of constructing a bridge across the great St. Joseph River, at or near south bend.

CANAL. The canal commissioners are directed to put under contract the middle division of the Wabash and Erie canal, at such times previous to June 1, 1833, as they may deem most conducive to the interest of the state.

A resolution was also passed in relation to the same canal. The preamble states, that whereas the course pursued by our sister state, Ohio, in relation to the extension of this canal through her boundaries, seems to afford no certainty of her action, and tends to create doubts in the minds of some of our citizens of

the proper course of action this state should adopt to perfect this import. ant work; therefore it was resolved that the governor be requested to communicate by mail, with the gov. ernor of Ohio, in relation to the contemplated extension of the canal through that state, so as to procure from him a special message in relation thereto, to the general assembly of that state now in session at Co. lumbus, and ask for immediate at tention to the subject, in order to afford to this state some certainty of her views, upon which it may safe ly shape its ultimate course of proceeding.

COLLEGES. By this act the name of Hanover Academy was changed to that of Hanover College; and the faculty of the college were autho rized to confer degrees; the students who may be of sufficient bodily ability, during the time they continue such, are to be instructed in some species of agricultural or mechanical labour, in addition to the scientific and literary branches there taught; and the trustees are required annually to report to the legisla. ture, the plan, progress and effects of such agricultural and mechanical exercise and instruction, upon the health, studies and improvement of the students.

The Christian College was incorporated, to be established at New Albany, in Floyd county, with pow. er to confer degrees; by the fundamental laws of the institution it is provided that no religious doctrine or tenets peculiar to any sect of professing Christians, shall ever be taught the students of said institution, as such, either directly or indi. rectly, by any of the professors, in

structors, tutors, or members of the corporation, or any other person or persons connected therewith, under the penalty of immediate expul

sion.

DISTRIBUTION.-The widow of any person dying testate shall be entitled to the same portion of the real and personal estate of her deceased husband, as is, by the act of January 29, 1831, secured to the widows of intestates, except when such widow shall have accepted of a devise or legacy, made to her by the will of her deceased husband, in satisfaction of such portion.

DIVORCES.-Each circuit court, as a court of chancery, shall have jurisdiction of any libel or petition praying for divorce. The defend. ant may, by general denial, without oath or affirmation, controvert the alleged cause or causes of divorce, and may also allege any cause or causes of divorce to apply to such complainant; but on the setting down such cause for hearing or trial, no want of such denial or absence of such defendant shall dispense with the proof by such complainant, of such cause or causes alleged for such divorce; nor shall any want of denial of the complainant, of any cause or causes of divorce so alleged, as aforesaid, against said complainant, dispense with the proof of such cause or causes, by the said defendant. In every such cause witnesses may be examined viva voce; and depositions and every other kind of evidence shall be admitted in such cause, under the same regulations, as in civil causes other than suits in chancery in circuit courts. The circuit courts are vested with power to determine petitions for divorces in any county where the complainant may reside, without regard to the place where the

causes assigned for divorce oc. curred.

EXECUTION.-Whenever any pro perty shall be sold by virtue of an execution, and the purchaser shall neglect to pay the purchase money, he shall be liable, on motion, three days notice of such motion having been given, to a judgment for the amount of the purchase money, and ten per cent. thereon, together with the costs of such motion; and no stay of execution shall be allowed on any such judgment; but nothing herein contained shall prevent the officer making such sale from reexposing the same property to sale; and if the amount of such second sale shall not be equal to the amount of the first sale and the costs of the second sale, the first purchaser shall be required to pay the deficiency, and be liable to a motion and judg. ment therefor as aforesaid.

HORSE-RACING, &c.-Every person found horse-racing, or shooting at a mark, along or across any pub. lic highway, shall, upon conviction thereof before any justice of the peace, be fined in any sum not ex. ceeding $3.

HORSE THIEVES.-Whenever any horse thief may be convicted of stealing any horse or mule, the county commissioners of the county where such theft may have been committed, are authorized to allow the person apprehending such felon, any sum out of the county treasury not exceeding $40.

INTEREST, RATE OF.-The rate of interest is fixed at six per cent., unless a stipulation to pay a higher rate be made in writing, and signed by the party to be charged; but in no case shall the interest exceed the rate of ten per cent. If any person receive a greater rate of interest than ten per cent., he shall, on con

viction by presentment or indictment, pay a fine to the state, in double the amount of the excess of interest above ten per cent. so received.

JUSTICES OF THE PEACE.-In any civil cause to be tried before a justice of the peace, where the sum does not exceed $20, at the request of either party, the justice shall direct the constable to summon and cause to come before him six citi-, zens of the proper county, having the qualifications of jurors, who shall be empannelled to try such cause. Justices of the peace are to have the same jurisdiction, in all cases where executors, administrators or guardians are plaintiffs, that they might of right exercise if such executors, &c. were suing in their own right; but where any defendant shall plead any matter of payment, set-off, or other special matter, in bar to such executor's, &c. cause of action, the plaintiff may, after such plea shall have been filed, require the justice to certify all the proceedings to the proper probate court; and on filing an affidavit for that purpose, may require the defendant to enter into special bail to appear before the probate court, to answer to the suit.

LIBRARY.-By a joint resolution, the secretary of state was instructed not to make any expenditures of the library fund in the purchase of novels or romances.

MILITIA. Any person subject to perform militia duty, commissioned officers excepted, shall be annually exempted from the fines which may be imposed on him by law for each annual failure to perform such duty, except in case of war, invasion, insurrection, or in aid of the civil authorities, who shall pay for each such annual failure, the sum of one dollar to the officer of his county,

who may have the legal charge of the seminary fund of such county, for the use and benefit of said fund, or to the school commissioner of such county, at the option of the person paying the same; and every person conscientiously scrupulous, may avail himself of the rights and privileges secured by this act to persons subject to perform militia duty, on making the payment above mentioned, to the officer of his county having charge of the seminary fund of such county.

NOTARIES PUBLIC.-Every notary public in this state shall be authorized to take and certify all affidavits and depositions, all proofs of deeds, &c. and all other instruments in writing authorized to be taken and certified by justices of the peace; and his certificate and attestation, with his official seal, shall be taken and received in all cases, to be of equal verity and validity with the certificate, attestation and seal of a clerk of the circuit court.

PRACTICE IN SUITS AT LAW.--An act was passed regulating the prac tice of the law in the courts of the state, &c.

RIVERS.-A memorial and joint resolutions were passed, soliciting congress to appropriate land or money sufficient to defray the expense of removing the various obstructions to a safe steam-boat navigation in the Wabash and White rivers; and whilst dilating on the acknowledged advantages of improving the navigation of those rivers, the memorialists beg leave further to represent the importance of improving the navigation of the St. Joseph of Lake Michigan, a beautiful river which runs through a part of the territory of Michigan and Indiana.

ROADS. This memorial represents to congress, that the memo

rialists deem an additional appropriation of $150,000, for the construction of the national road through Indiana, during the session of congress, to be of vital importance to the state.

By another memorial and resolu. tion, the legislature solicits of the United States an ample appropriation of public lands or money, to improve the great western thoroughfare and mail route through the state, leading from Louisville, Kentucky, to St. Louis, Missouri.

Two turnpike road companies were incorporated. Acts were passed providing for the establishment of fifty-two state roads. An act was also passed, appropriating $500 out of the three per cent. fund, to each county in the state, for the purpose of opening and improving state roads, constructing bridges, &c.

SCHOOLS.-An act was passed, consisting of two hundred and five sections, incorporating each congressional township in the state, and providing for public schools therein.

A memorial was also addressed to congress, on the subject of such sixteenth sections (reserved in such congressional township for the purpose of establishing common schools) as may be unproductive; in which the legislature, on behalf of the citizens of townships in which such unproductive reservations may be situated, ask, that congress will provide by law, for a grant to them of a section of good land, in lieu of such unproductive sixteenth sections, or land scrip to the amount thereof, at the rate of one dollar twenty-five cents per acre, at the option of the inhabitants of such townships; and a similar grant or privilege to the inhabitants of any township or fractional part thereof, which is now

destitute of any sixteenth section or fractional part thereof, reserved for the purpose of common schools, to be located or entered in any of the unsold public lands of this state, in such manner as the legislature thereof may direct.

SEMINARIES. Two county seminaries were incorporated. The Western Union Seminary was also incorporated. The act declares, that whereas the object of the snbscribers to the above institution is to establish a seminary of education for youth, purely scientific, and entirely free from sectarian influence, no religious creed, catechism, dogmas, or confession of faith, shall ever be taught in said seminary.

The following resolutions were also passed on the 9th of January, 1833, on the subject of nullification:

Resolved, That we deeply deplore the political heresies, and threatened disorganization recently promulgated by a portion of our brethern of South Carolina.

That we cordially concur in the persuasive appeals of our venerable chief magistrate, to the people of South Carolina, to pause ere it be too late to save themselves from ruin.

That the sentiment, "our union must be preserved," meets with a hearty response from the people of Indiana, bound as they are by interest and honour, to that confederacy into which they voluntarily entered, and from which they will never willingly be severed.

That we regard the present juncture of our national affairs, as involving the preservation of our liberties, and as scarcely inferior in importance to that in which they were achieved.

That as regards the important question, all minor differences should