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is hereby declared to be a public highway, and John Ratliff and Lawrence Leonard shall superintend the first year, and call all persons subject to road labor, and cut and open said stream, and shall be governed in all respects by the road laws, and shall work said stream two days; the persons subject to work said stream are those who live in the road district in which said stream lies.

SEC. 2. After the expiration of one year the several supervisors in their several districts shall superintend said stream, and the county board in Morgan eounty shall allow the above superintendents a reasonable compensation for their services.

SEC. 3. The above act shall not interfere with any mill seat on said stream.

SEC. 4. All acts or parts of acts conflicting with this act are hereby repealed.

SEC. 5. passage.

This act to be in force and take effect from and after its

CHAPTER CCXCIII.

Au act for the relief of the administrator of the estate of Albert Monson, late of St. Joseph county, deceased.

[APPROVED FEBRUARY 6, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the administrator of the estate of Albert Monson, late of St. Joseph county, deceased, be, and he is hereby authorized and empowered to sell and dispose of, as personal property, all or any certificates of lands sold for taxes of which said deceased may have died legally possessed.

SEC. 2. Before such administrator shall sell and dispose of any such tax certificates he shall first have the same inventoried and appraised in the same manner as is provided by law for the inventorying and appraisement of the personal property of decedents' estates, and sale thereof shall be made in the same manner as is provided by law for the sale of personal property by executors and administrators.

SEC. 3. Upon the sale of any such certificate by said administrator, he shall assign and deliver the same to the purchaser or pur

chasers thereof in the same manner as is provided by law for the assignment and transfer of such certificates; but such assignment shall be made by said administrator without any recourse against him either in his individual or fiduciary character, or against the heirs of said deceased, and such assignment and delivery shall vest all the rights and advantages in such purchaser or purchasers which would have vested in him or them if the said deceased were alive and made such assignment; and said administrator shall make return into the probate court of the inventory and account of sales of said certificates in like manner as is provided by law in cases of the appraisement and sale of the personal estate of decedents.

SEC. 4. This act to take effect from and after its passage.

CHAPTER CCXCIV.

An act providing for electing township assessors in Rush county.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the qualified voters of each township in Rush county be and they are hereby authorized at their next April election to elect a township assessor for each township in said county who shall hold his office for two years.

SEC. 2. Said electors shall be authorized every two years thereafter to elect township assessors.

SEC. 3. Said township assessors shall take the oath and give the bonds required by county assessors, and in their respective townships perform the duties of county assessors.

SEC. 4. All laws requiring the election of county assessors in Rush county be and the same are hereby repealed so far as they apply to Rush county.

SEC. 5. This act shall take effect and be in force from and after its passage.

CHAPTER CCXCV.

An act authorizing the secretary of state to issue a Patent to Daniel K. Smith for a tract of land therein named.

[APPROVED FEBRUARY 5, 1851.]

WHEREAS, On the 23d day of September, 1846, a Patent was issued by the State of Indiana, and was delivered to Daniel K. Smith, of Cass county, Indiana, for the west half of the north-east quarter of section No. 15, in township No. 26 north, of range No. 3 east, founded on the final certificate of the superintendent of the Wabash and Erie canal, numbered 3394;

AND WHEREAS, In both said certificate and patent, an error was committed in the surname of the said Daniel K. Smith, he being styled therein Daniel K. Small; therefore, to correct said error,

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That upon the surrender by the said Smith to the secretary of state of said erroneous patent, that officer be and he is hereby required to issue to the said Daniel K. Smith a new patent for said tract of land, in all respects similar to the existing patent with the exception that Smith be substituted for Small,

SEC. 2. This act shall be in force from and after its passage.

CHAPTER CCXCVI.

An act to authorize the city of Madison to borrow money.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the common council of the city of Madison is hereby authorized to issue a sufficient amount of the bonds of said city, in any denomination not less than five hundred dollars each, to enable said city to pay off all debts now owing by her for which orders have not been drawn upon the city treasury: Provided, the aggre

gate of all such bonds shall not exceed the sum of twenty thousand dollars.

SEC. 2. Said bonds may be made payable at any time within twenty years and may bear any rate of interest not exceeding seven per cent. per annum, payable semi-annually, and may be sold at any price not less than ninety cents to the dollar; the proceeds to be applied to the purposes aforesaid and no other.

SEC. 3. Said common council shall, from time to time, set apart and appropriate a sufficient amount of the revenues of said city to meet the interest, on all bonds issued by virtue of this act, and if they deem it expedient, to create a sinking fund for the redemption of the principal, which sinking fund may, by order of said common council, be invested in said bonds, or in such other securities as said council may direct.

SEC. 4. passage.

This act shall take effect and be in force from and after its

CHAPTER CCXCVII.

An act to change the name of Joseph Grandison Jones to that of Joseph Grandieon

Talbot.

{APPROVED FEBRUARY 6, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the name of Joseph Grandison Jones, [of Covington,] in the county of Fountain, and State of Indiana, be, and the same is hereby changed to that of Joseph Grandison Talbot.

SEC. 2. This act to be in force from and after its passage.

CHAPTER CCXCVIII.

An act to amend an act entitled, "an act to incorporate the Connersville and Brownsville Turnpike Company, approved 16th January, 1849.

[APPROVED FEBRUARY 7, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the act entitled an act to incorporate the Connersville and Brownsville Turnpike Company, approved January 16, 1849, be and the same is hereby revived and declared in full force in law.

SEC. 2. So soon as four thousand dollars are subscribed, either in cash or real estate, as a part of the capital stock of said company, and when ten per cent. thereon is either paid in cash or cash notes, payable to the board of directors, the said company shall be considered duly organized, and the stockholders may be notified thereof, and an election ordered according to the 7th (seventh) section of the original act of incorporation.

SEC. 3. If any person or persons, using any part of said road, shall with intent to defraud said company pass through any private gate or bars, or along any other ground near said road to avoid any toll gate, or shall make any untrue, statement as to the distance he or they may have traveled, or intend to travel on said road, or practice any fraudulent or forcible means to avoid the payment of toll, each and every person concerned in such practice, shall for every such offence forfeit and pay to said company, the sum of five dollars, which may be recovered in an action of debt at the instance of said company, before any court in the county having competent jurisdiction, with costs of suit, without stay of execution or the benefit of the appraisement laws of this State: Provided however, Nothing herein contained shall prevent persons residing on or near the line of said road, from passing thereon between the gates about their ordinary or common business.

SEC. 4. This act to be in force from and after its passage, and all laws or parts of laws conflicting with the provisions of this act are hereby repealed.

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