United States, to the students in the college, or others, who by their proficiency in learning, or other meritorious distinction, may be entitled to the same; and to grant unto such graduates, diplomas or certificates, under their com mon seal, and signed by the faculty, to authenticate and perpetuate the memory of such graduations: Provided, however, That no degrees shall be conferred, or diplomas granted, unless such student has acquired the same proficiency in the liberal arts and sciences as is customary in other colleges in the United States.

Proviso.

SEC. 2. Those students in said college of sufficient bodily be exercised Students shall ability, shall, during the time they continue as such, be in mechanical exercised and instructed in some species of mechanical or or agriculturagricultural labour, in addition to the scientific and literary al labour. branches there taught. And the trustees shall annually re- Trustees shall port to the Legislature, the plan, progress and effects of report to the such agricultural and mechanical exercise and instruction Legislature. upon the health, studies and improvement of the students.

SEC. 3. The General Assembly of the state of Indiana Power of a hereby reserves to itself the right and power of altering mending this and amending this act of incorporation, at any time after act reserved 1843, any thing herein contained to the contrary notwith- lature after standing.

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

to the Legis

1843.

CHAPTER VII.

An Act to authorize the proprietor of Thorntown, Boon county, to exchange certain lots therein named.

[APPROVED JANUARY 9, 1833.]

WHEREAS, it has been represented to this General Assembly, that Cornelius Westfall, the proprietor of Thorntown, in Boon county, did make a donation of lot number 85, in said town, for the purpose of a school-house or an academy being erected thereon, which is designated on the plat of said town, which said plat has since been recorded; And whereas, it appears that said lot is not situated in an eligible part of said town for the purpose aforesaid; And whereas, the said proprietor, together with the citizens of Thorntown, have petitioned this Legislature to authorize said proprietor to exchange lot number sixteen, in said town, for the purpose aforesaid, for lot number eighty-five above mentioned. Therefore, SEC. 1. Be it enacted by the General Assembly of the State

Preamble.

Proprietor empowered to exchange lot, &c.

of Indiana, That the said Cornelius Westfall be, and he is hereby authorized and empowered to exchange lot number sixteen in said town for the purpose aforsaid, to all intents and purposes, as if said lot had been originally donated, on the plat of said town, and recorded, for said lot number eighty-five; and that all the estate, right, title, interest and claim, in and to said lot last mentioned, revert back to, and be vested in the said Cornelius Westfall, his heirs and assigns forever.

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

CHAPTER VIII.

An Act for the relief of John F. Jones, collector of Bartholomew County.

[APPROVED DECEMBER 26, 1832.]

Be it enacted by the General Assembly of the State of Indiana, That the board of commissioners of Bartholomew county be, and they are hereby authorized, if they deem it expedient, and the rights of any individual or individuals will not thereby be affected or impaired, to give to John F. Jones, collector of said county, further time, until the first Monday in May, eighteen hundred and thirty-three, to pay over the county revenue of said county.

This act to be in force from and after its publication in the Indiana Journal.

Testimony re

destruction of

CHAPTER IX.

An Act for the benefit of persons who are likely to suffer by the destruc⚫ tion of the records of Parke County.

[APPROVED DECEMBER 28, 1832.]

SEC. 1. Be it enacted by the General Assembly of the State lating to the of Indiana, That for the purpose of perpetuating testimony deeds, &c.how concerning of or relating to any patents, deeds, bills of sale, perpetuated. wills, inventories, powers of attorney, or other instrument

of writing which were destroyed by the burning of the Clerk's Office of Parke county, Henry Slavens be and he is hereby appointed a commissioner to receive and admit to record all evidence offered by any person concerning of or

Clerk ap

relating to any patents, deeds, bills of sale, powers of attor ney, wills, inventories or other instruments of writing lost or destroyed as aforesaid. The said commissioner is hereby authorized to open a court in the town of Rockville on the Court institusecond Monday in February next, and William T. Noel is'ted. hereby appointed clerk of said court, whose duty it shall be, as clerk as aforesaid, to keep a journal of the proceedings pointed. of said court, and enter upon record, in a book or books to be kept for that purpose, all evidence or testimony present- His duties. ed to said court, concerning any patent, deed, bill of sale, will, power of attorney, inventory or other instrument of writing, by any person who may wish to have such testimony perpetuated: Provided, however, that no testimony shall Proviso. be received concerning of, or relating to any of the above named instruments of writing, until the person offering such testimony shall prove to the satisfaction of said court, by his or her affidavit, or the affidavit of some other person, that such instrument of writing is lost or destroyed: Pro- Proviso. vided, also, that said commissioner and his clerk, before they Commissioner enter upon their official duties, shall take an oath before and clerk some person duly authorized to administer oaths, faithfully shall take and impartially to discharge their duties according to law. oath. SEC. 2. The said commissioner, at his first sitting is hereby authorized to hold his session for three weeks successively, if Times of holdthe business shall so long require it, and then shall adjourn length of ses ing court and until the first Monday in April, at which time he shall hold sion. his session for two weeks; after which he shall hold his session monthly, commencing on the first Monday of each month, and hold his session for one week, if the business shall so long require it: Provided, however, that the said Proviso. court shall not be in session during the terms of the Circuit Court of said county, but in the months in which said Circuit Court shall hold its terms, the said commissioner shall hold his court, for one week, commencing the next Monday after the adjournment of said Circuit Court: Provided, also, that said commissioner, shall, previous to his first session, to give notice give notice of the time and place of his sitting, by publish- of time and ing the same, for three weeks successively in the Wabash place of holdHerald. ing first seesion.

Proviso.

Commissioner

SEC. 3. Said commissioner is hereby vested with all the authority necessary to carry into effect the provisions of this Powers of the act, to administer oaths, issue subpoenas, and compel the at- commissioner. tendance of witnesses, under the same penalties that they are compelled to attend when subpoenas issue from the Circuit Court. And the sheriff of Parke county is hereby made an officer of said court, and is required to execute all Sheriff of process that may issue from it, for which he shall be entitled Parke county to the same fees as are allowed by law for similar services cer of this for executing process issued from the Circuit Court, which court.

made an off

Patents,

deeds, &c. or

authenticated copies thereof, admitted to re

cord.

What testimony must be produced.

Record of this court cvidence.

Probate.

fees shall be taxed by said commissioner, and collected from the party requiring such services, as other fees are now collected by law.

SEC. 4. If any person shall produce any patent, deed, bill of sale, power of attorney, inventory, or any other instrument of writing, duly executed, with the endorsement of the present or any former recorder of the county of Parke, that the same had been duly recorded in the records of said county, such patent, deed, bill of sale, inventory, power of attorney, or other instrument of writing with all the official endorsements thereon, shall be entered at full length, in the book kept for that purpose, and any paper or writing which shall be presented to said commissioner and proved to be a correct copy of any patent, deed, bill of sale, will, inventory, power of attorney, or other instrument of writing, that has been lost or destroyed as aforesaid, shall be entered on record at full length, with the testimony relating thereto; and if the witness or witnesses to any such copy of any writing so lost or destroyed are dead or cannot be had, the person or persons interested therein may produce other testimony in support of his, her, or their claim; and the testimony so produced shall be received and recorded as aforesaid.

SEC. 5. The records of said commissioner, or copies thereof, or any part thereof, certified by his clerk or by any person du. ly authorized by law, to give certified copies of such records, shall be read in evidence in any court in this state, at any time when circumstances require it.

SEC. 6. All testimony relating to probate business shall be recorded in a book separate from other testimony, authorized by this act to be recorded, and all copies of wills and other papers relative to decedents' estates whether testate or intestate shall be recorded in such book; and at the close of the business of said commissioner, he shall certify Records to be such records to be true copies of the testimony produced to probate court him, which shall be tested by the clerk, and deposited with and in the re- the court of probate. And the balance of his proceedings corder'soffice. and records shall be certified in like manner, and deposited with the recorder of the county to be kept in his office for the benefit of all concerned.

filed in the

of commssion.

er, &c.

SEC. 7. Said commissioner and clerk shall continue in ofTerm of office fice three years; and if any vacancy should occur, the board doing county business in said county shall appoint some fit person to fill the same; and in case said commissioner or Vacancy how clerk shall refuse to qualify and perform the duties required of them by this act, said board of county commissioners shall at their first meeting appoint some fit person to discharge the same.

illed.

SEC. 8.. Certified copies of all wills and letters testamen

corded.

Cannot act

tary, and letters of administration shall be admitted to re- Wills, &c. cord at full length, together with all authenticated vouch- shall be reers and settlements of decedents' estates, together with all testimony relating thereto; and all executors, administrators and guardians whose bonds have been destroyed, are hereby required to file new bonds with security to be ap- &c. file new Executors, proved of by the probate court, within three months from bonds. the time of the taking effect of this act; and until such bond. is filed, no such executor, administrator or guardian shall be authorized to transact business by virtue of his, her or till bond is their appointment as such; and should no bond be filed be- filed. fore the expiration of three months as above, then such executor, administrator or guardian shall be considered as having resigned said appointment, and the court of probate shall proceed to appoint others in the same manner as if a Failure to file resignation or voluntary refusing to act had been formally bond operate made; and the person last appointed may in a reasonable tion. time compel such persons so neglecting to comply with the provisions of this act, to settle and account for all money or other articles of value, that have come into his hands as executor, administrator or guardian. Provided, how- Proviso. ever, if any such executor, administrator, or guardian is not a resident of this state, or is absent, the court may then give such further time to comply as above, as they shall deem reasonable..

as a resigna

expenses

SEC. 9. The commissioner aforesaid shall receive two Compensadollars per day for each day he shall be necessarily employ. tion of com'r ed in attending to his duty as commissioner; and the clerk and clerk. shall, for his services, receive the sum of two dollars per day for each day he shall be necessarily employed in per forming the duties of his said office as clerk; and all expenses of books, stationary, paper, &c. of every description, County pay and the pay of said commissioner and clerk, shall be paid out of the county treasury; and it is hereby made the duty of the board of commissioners, or other persons authorized to do county business for the said county of Parke, to allow the same on their presenting their accounts. The commissioner shall have his account certified by the clerk, and the clerk shall have his account certified by the commissioner, which accounts so certified and allowed shall be paid out of the county treasury, as other accounts are paid. The Parties pay parties concerned shall pay their own witnesses, at the same their own wit rate that witnesses are paid for attending the circuit court, nesses, &c. and also the sheriff's fees, if any.

SEC. 10. The Parke circuit court in term time is hereby Parke circuit authorized and required, on motion of any person, by him- court duty of. self, herself or themselves, or his, her or their attorney, on satisfactory evidence being produced, that he, she or they (as the case may be) has a judgment in said court, the re