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resembles that of a ward to a guar dian. 5 Pet. R. 1,16,17 ; 20 John. R. 193; 3 Kent, Com. 308 to 318; Story on Const. § 1096.
INDIANA. The name of one of the new states of the United States. This state was admitted into the union by virtue of the "Resolution for admitting the state of Indiana into the Union," approved December 11,1816, in the following words: Whereas, in pursuance of an act of congress, passed on the nineteenth day of April, one thousand eight hundred and sixteen, entitled "An act to enable the people of the Indiana terrritory to form a constitution and state government, and for the admission of that state into the Union," the people of the said territory did, on the twenty-ninth day of June, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity with the principles of the articles of compact between the original states and the people and states in the territory north-west of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eightyseven.
Resolved, That the state of Indiana shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.
The constitution of the state was adopted by a convention, held at Corydon, in the year eighteen hundred and sixteen, from the 10th to the 29th day of June of that year. The powers of the government are divided into three distinct departments, and each of them is confided to a separate body of magistracy, to wit: those which are legislative, to
one; those which are executive, to another; and those which are judiciary to another. Art. 2.
1st. The legislative authority of the state is vested in a general assembly, which consists in a senate and house of representatives, both elected by the people.
1. The senate is composed of a number of persons, who shall never be less than one-third, nor more than one-half of the number of representatives. The number to be fixed by law. Art. 3, s. 6. A senator shall, 1, have attained the age of twenty-five years; 2, be a citizen of the United States; 3, have resided, next preceding his election, two years in this state, the last twelve months of which in the county or district in which he may be elected, if the county or district shall have been so long erected, but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state; 4, have paid a state or county tax. Art. 3, s. 7. One-third of the senate is elected every year, on the first Monday in August.
2. The number of representatives is to be fixed by law. It shall never be less than twenty-five, nor more than thirty-six, until the number of white male inhabitants, above twentyone years of age, shall be twentytwo thousand; and, after that event, in such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed one hundred. To be qualified for a representative, a person must, 1, have attained the age of twenty-one years;
2, be a citizen of the United States;
3, be an inhabitant of this state; 4, have' resided within the limits of the county in which he shall be chosen one year next preceding his <"
if the county shall have been so long erected, but if not, then within the limits of the county or counties out of which the same, shall have been taken, unless he shall have been absent on the public business of the United States, or of this state; 5, have paid a state or county tax. Art. 3, s. 4. The members are elected yearly, by the qualified electors of each county respectively, on the first Monday of August. Art. 3, s. 3.
2d. The supreme executive power of this state is vested in a governor, who is styled the governor of the state of Indiana. And, under certain circumstances, this power is exercised by the lieutenant-governer.
I. The governor is chosen by the qualified electors on the first Monday in August, at the place where they shall respectively vote for representatives. He shall hold his office during three years, from and after the third day of the first session of the general assembly next ensuing his election, and until a successor shall be chosen and qualified; and shall not be capable of holding it longer than six years in any term of nine years. His requisite qualifications are, that he shall, 1, have been a citizen of the United States for ten years; 2, be at least thirty years of age; 3, have resided in the state five years next preceding his election, unless he shall have been absent on the business of this state, or of the United States ; 4, not hold any office under the United States, or this state. He is commander-in-chief of the army and navy of the state, when not in the service of the United States; but he shall not command personally in the field, unless advised so to do by a resolution of the general assembly. He nominates, and by and with the consent of the senate, appoints all officers whose appoint
ment is. not otherwise provided for; fills vacancies, during the recess of the legislature; remits fines and forfeitures; grants reprieves and pardons, except in cases of impeachments; may require information from executive officers; gives to the general assembly information, and recommends necessary measures; may convene the legislature at the seat of government, or at a different place, on extraordinary occasions, such as war or pestilence; may adjourn the two houses, when they cannot agree as to an adjournment; and cause the laws to be faithfully executed. He is also invested with the veto power. Art. 4.
2. The lieutenant-governor shall be chosen at every election for a governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenantgovernor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. He shall, by virtue of his office, be president of the senate; have a right, when in committee of the whole, to debate and vote on all subjects, and when the senate are equally divided, to give the casting vote. In case of impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or ab. sence from the state, the lieutenantgovernor shall exercise all the powers and authority appertaining to the office of governor, until another be duly qualified, or the governor absent or impeached shall return or be acquitted. Whenever the government shall be administered by the lieutenant-governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members as president for that occasion. And if, during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the president of the senate pro tem, shall, in like manner, administer the government, until he shall be superseded by a governor or lieutenant-governor. The lieutenant-governor, while he acts as president of the senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more: and during the time he administers the government, as governor, shall receive the same compensation which the governor would have received and been entitled to, had he been employed in the duties of his office, and no more. The president pro tempore of the senate, during the time he administers the government, shall receive, in like manner, the same compensation which the governor would have received, had he been employed in the duties of his office, and no more. If the lieutenant-governor shall be called upon to administer the government, and shall while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a president pro tempore. Art. 4, s. 15 to 20.
3d. The judicial power of the state is vested by the 5th article of the constitution as follows:
§ 1. The judiciary power of this state, both as to matters of law and equity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may, from time to time, direct and establish.
§ 2. The supreme court shall consist of three judges, any two of whom shall form a quorum, and shall have appellative jurisdiction only, which
shall be co-extensive with the limits of the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law: Provided, nothing in this article shall be so construed as to prevent the general assembly from giving the supreme court original jurisdiction in capital cases and cases in chancery, where the president of the circuit court may be interested or prejudiced.
§ 3. The circuit courts shall consist of a president and two associate judges. The state shall be divided by law into three circuits, for each of which a president shall be appointed, who, during his continuance in office shall reside therein. The president and associate judges, in their respective counties, shall have common law and chancery jurisdiction, as also complete criminal jurisdiction, in all such cases, and in such manner, as may be prescribed by law. The president alone, in the absence of the associate judges, or the president and one of the associate judges, in the absence of the other, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chancery; Provided, that nothing herein contained shall prevent the general assembly from increasing the number of the circuits and presidents, as the exigencies of the state may, from time to time require.
§ 4. The judges of the supreme court, the circuit and other inferior courts, shall hold their offices during the term of seven years, if they shall so long behave well,' and shall at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.
§ 5. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state, as also the presidents of the circuit courts, in their respective circuits, and the associate judges in their respective counties.
§ 6. The supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law: and the circuit courts shall be held in the respective counties as may be directed by law.
§ 7. The judges of the supreme court shall be appointed by the governor, by and with the advice and consent of the senate. The presidents of the circuit courts shall be appointed by joint ballot of both branches of the general assembly, and the associate judges of the circuit courts shall be elected by the qualified electors in their respective counties.
§ 8. The supreme court shall appoint its own clerk; and the clerks of the circuit court, in the several counties, shall be elected by the qualified electors in the several counties, but no person shall be eligible to the office of clerk of the circuit court in any county, unless he shall first have obtained from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate that he is qualified to execute the duties of the office of clerk of the circuit court: Provided, that nothing herein contained shall prevent the circuit courts in each county from appointing a clerk pro tem, until a qualified clerk may be duly elected: And provided also, that the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless re-appointed.
§12. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties, and
shall continue in office five years, if they shall so long behave well; whose powers and duties shall, from time to time, be regulated and defined by law.
INDICTED, practice. When a man is accused by a bill of indictment preferred by a grand jury, he is said to be indicted.
INDICTION, comput. of time. An indiction contained a space of fifteen years. It was used in dating at Rome and in England. It began at the dismission of the Nicene council, anno Domini 312; the first year was reckoned the first of the first indiction, the second, the third, &c, till fifteen years afterwards. The sixteenth year was the first year of the second indiction, the thirty-first year, was the first year of the third indiction, &c.
INDICTMENT, crim. law, prac tice, is a written accusation of one or more persons of a crime or misdemeanor, presented to, and preferred upon oath or affirmation, by a grand jury legally convoked. 4 Bl. Com. 299; Co'. Litt. 126; 2 Hale, 152; Bac. Ab. h. t.; Com. Dig. h. t. (A); 1 Chit. Cr. L. 168. This word, indictment, is said to be derived from the old French word inditer, which signifies to indicate; to show, or point out. Its object is to indicate the offence charged against the accused. Rev, des Inst. de l'Angl. tome 2, p. 347. To render an indictment valid, there are certain essential and formal requisites. First, the essential requisites are, 1st, that the indictment be presented to some court having jurisdiction of the offence stated therein; 2dly, that it appear to have been found by the grand jury of the proper county or district; 3dly, that the indictment be found a true bill, and signed by the foreman of the grand jury; 4thly, that it be framed with sufficient certainty; for this purpose, the charge must contain a certain description of the crime or misdemeanor, of which the defendant is accused, and a statement of the facts by which it is constituted, so as to identify the accusation. Cowp. 682, 3; 2 Hale, 167 ; 1 Binn. R. 201; 3 Binn. R. 533; 1 P. A. Bro. R. 360; 6 Serg. & Rawle, 398; 4 Serg. & Rawle, 194; 4 Bl. Com. 301; 3 Yeates, R. 407; 4 Cranch, R. 167. 5thly, the indictment must be in the English language. But if any document in a foreign language, as a libel, be necessarily introduced, it should be set out in the original tongue, and then translated, showing its application. 6 T. R. 162. Secondly, the formal requisites, are, 1st, the venue, which at common law should always be laid in the county where the offence has been committed, although the charge is in its nature transitory, as a battery. Hawk. B. 2, c. M, s. 35. The venue is stated in the margin thus, "City and county of Philadelphia, to wit." 2dly, The presentment which must be in the present tense, and is usually expressed by the following formula, "the grand inquest of the commonwealth of Pennsylvania, inquiring for the city and county aforesaid, upon their oaths and affirmations present." 3dly, The name and addition of the defendant; but in case an error has been made in this respect, it is cured by the plea of the defendant. Bac. Ab. Misnomer, (B); Indictment, (G 2); 2 Hale, 175; 1 Chit. Pr. 202, 4thly, The names of third persons, when they must be necessarily mentioned in the indictment, should be stated with certainty to a common intent, so as sufficiently to inform the defendant who are his accusers. When, however, the names of third persons cannot be ascertained, it is sufficient in some cases, to state "a certain person or persons to the
jurors aforesaid unknown." Hawk. B. 2, c. M, s. 71; 2 East, P. C. 651, 781; 2 Hale, 181; Plowd. 85; Dyer, 97, 286; 8 C. & P. 773. See Unknown. 5thly, The time when the offence was committed, should in general be stated to be on a specific year and day. In some offences, as in perjury, the day must be precisely stated, 2 Wash. C. C. Rep. 328; but although it is necessary that a day certain should be laid in the indictment, yet, in general, the prosecutor may give evidence of an offence committed on any other day previous to the finding of the indictment. 5 Serg. & Rawle, 316. Vide 11 Serg. & Rawle, 177; 1 Chit. Cr. Law, 217, 224; 1 Chit. PI. Index, tit. Time. 6thly, The offence should be properly described. This is done by stating the substantial circumstances necessary to show the nature of the crime; and, next, the formal allegations and terms of art required by law. 1. As to the substantial circumstances. The whole of the facts of the case necessary to make it appear judicially to the court that the indicators have gone upon sufficient premises, should be set forth; but there should be no unnecessary matter or any thing which on its face makes the indictment repugnant, inconsistent, or absurd. 2 Hale, 183; Haw. B. 2, c. 25, s. 57; Bac. Ab. h. t. (G 1); Com. Dig. h. t. (G 3); 2 Leach, 660; 2 Str. 1226. All indictments ought to charge a man with a particular offence, and not with being an offender in general: to this rule there are some exceptions, namely, a common barrator, a common scold, and the keeper of a common bawdyhouse, may be indicted by these general words. 1 Chit. Cr. Law, 230, and the authorities there cited. The offence must not be stated in the disjunctive, so as to leave it uncertain on what it is intended to rely