former marriage. A second or subsequent wife, if there are children by a former wife, takes only a life estate in her husband's lands unless she have children alive. A widow may elect to take under her husband's will, or the law. Alienage of the wife does not affect her rights if the husband is a cit izen, or if an alien he be authorized to hold lands. The wife's interest is saved from reversion in the absence of heirs, where an estate is given to the husband in consideration of love and affection. A widow may occupy the dwelling and forty acres of land of her deceased husband, free of rent for one year." In relation to notes, bills and protest, the law is interesting and important: "Bills of exchange and promissory notes payable in banks within the State, are governed by the law merchant.' On all bills of exchange payable within the State, whether sight or time bills, three days of grace are allowed. Notes and bills not payable in bank are governed by statutory provisions as follows: All notes and bills are negotiable by endorsement. The assignee may, in his own name, recover against the maker. The suit must be brought in the name of the real party in interest. Whatever defense or set-off the maker of any such instrument had before notice of assignment against an assignor, or the original payee, he shall have also against their assignee. The maker is entitled to all defenses against the note in the hands of the assignee which he could make against it in the hands of the payee. All notes and bills should contain the clause, without any relief whatever from the Valuation or Appraisement Laws of Indiana.' The holder of a note or bill, whether negotiable by the law merchant or by the law of this State, may institute suit against the whole or any number of the parties liable; but no more than one suit at the same term. Damages of five per cent. are allowed upon protested bills drawn or negotiated in this State, if drawn upon a person at a place out of the State; and ten per cent. if drawn upon a person out of the United States. Beyond such damages no interest or charges are allowed, except from date of protest. A holder, without consideration, cannot recover damages. Protest must, of course, be made on the last day of grace, in the usual form. If the notary's certificate shows that written notices were duly given to the several parties, naming them, it is sufficient evidence of the fact." The law in relation to taxes is important. Taxes attach as a lien on real estate on the first day of April in each year. Corporation taxes mostly attach on the first day of January. Penalties attach on the third Monday in March, annually, and after that day all unpaid taxes are collectable by distress and sale of personality. Sales of real estate for taxes occur in each county on the first Monday of February annually. All lands on which taxes are delinquent for two years are offered. After If sale, the owner has two years in which he may redeem. not redeemed within the time, a deed is made to the purchaser by the county auditor. In order to sustain a tax sale, the party claiming under it must show a substantial compliance with every provision of the law authorizing the sale. After four years no suit to review the title can be brought. A tax deed is only prima facie evidence of regularity of the proceedings, and may be contradicted. Possession under a tax deed is adverse though the title be invalid. As to wills, all persons of a sound mind, who are twentyone years of age, may make wills and devise all their estate, of every kind, to any person or corporation, saving the legal provision for the widow. Married women may devise their separate property. Wills must be in writing (except nuncupation, bequeathing not to exceed one hundred dollars), signed by the testator or some person by his direction and in his presence, and attested by two persons subscribing as witnesses. Wills may be probated by the court of any county where the testator resided, or in which he shall die leaving assets, on proof of execution by one or more subscribing witnesses, or by proof of handwriting of the testator and of the witnesses, in case of their incompetency, death or absence. Provisions are made by statute for contesting the validity and probate of wills, either before or within three years after offered to probate. Wills executed without the State, and probated in another State or country, according to the laws thereof, may in most cases be recorded, and shall have the same effect as if executed in the State. Regarding witnesses, no party in a civil suit is disqualified as a witness by reason of interest, and one party to the suit may compel the other to testify. Husband and wife are not competent witnesses as to matters for or against each other, or communications made during marriage. When an executor, administrator or guardian is a party, and the judgment affects the estate, neither party can testify unless called by the adverse party. A want of belief in the Supreme Being only affects the credibility. The criminal laws of the State of Indiana consist of well defined penalties for the various crimes. The list is very long, and too tedious for insertion in this volume. We will close this chapter with a brief notice of the courts. The supreme court of Indiana has appellate jurisdiction only from the superior, criminal and circuit courts of the State. Injunctions are granted by it in certain cases. There is no distinction among the judges; each acts as chief justice in rotation, for a single term. The present judges of the supreme court are, five in number, as follows: John Pettit, of La Fayette; James L. Worden, of Fort Wayne; Samuel H. Buskirk, of Bloomington; Alexander C. Downey, of Rising Sun, and Horace P. Biddle, of Logansport. The terms of the supreme court commence at Indianapolis on the fourth Mondays of May and November. The court sits at chambers during the greater part of the year, and causes can be submitted, by agreement, on briefs, at any time. The circuit and superior courts have original concurrent jurisdiction in most civil cases, such as actions on contracts, etc. The circuit court has exclusive jurisdiction in actions for slander. In all cases of concurrent jurisdiction the court first obtaining cognizance, retains it exclusively. There are four terms of the circuit court. The terms of the superior court commence on the first Monday of each month, except July and August. An appeal from the special to the general term of the superior court is granted as a matter of right, without bond except in special cases. The superior court was established in 1871. It exists at present only in Marion county, the latter being the only county containing a city (Indianapolis) of over forty thousand inhabitants, that being requisite to the organization of this court. Judgment may be had at the first term after suit commenced, unless good cause of defense is shown. A judgment in either of these courts for less than fifty dollars does not carry costs. Justices of the peace have jurisdiction in collections and other civil cases, to the amount of two hundred dollars, within the township where the debtor resides; but they may render judgment upon confession to the amount of three hundred dollars. Judgment can be had generally within a week or ten days. CHAPTER XL. OFFICIAL REGISTER OF INDIANA. WE will close the FIRST PART of this Volume with a list of the State officers who have served the people of Indiana, through the various grades of government, from 1800 to 1875. TERRITORIAL GOVERNORS. Arthur St. Clair, Governor Northwest Territory. GOVERNORS OF THE STATE. Jonathan Jennings, from 1816 to 1819. Jonathan Jennings, (second term,) from 1819 to 1822. James B. Ray, (acting,) February, 1825. James B. Ray, from 1825 to 1828. James B. Ray, (second term,) from 1828 to 1831. Noah Noble, from 1831 to 1834. Noah Noble, (second term,) from 1834 to 1837. David Wallace, from 1837 to 1840. Parris C. Dunning, (acting,) from 1848 to 1849. Joseph A. Wright, from 1849 to 1852. Joseph A. Wright, from 1853 to 1857. Ashbel P. Willard, from 1857 to 1860. Abram A. Hammond, acting from 1860 to 1861. |