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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.

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.

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 | 1. The senate is composed of a into the Union," approved Decem- number of persons, who shall never ber 11, 1816, in the following words: be less than one-third, nor more Whereas, in pursuance of an act of than one-half of the number of recongress, passed on the nineteenth presentatives. The number to be 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 eighty

seven.

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.

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, por 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 The constitution of the state was of representatives shall never be less adopted by a convention, held at than thirty-six, nor exceed one hun Corydon, in the year eighteen hun- dred. To be qualified for a repredred and sixteen, from the 10th to sentative, a person must, 1, have the 29th day of June of that year. attained the age of twenty-one years; The powers of the government are 2, be a citizen of the United States; divided into three distinct depart-3, be an inhabitant of this state; 4, ments, and each of them is confided have' resided within the limits of the to a separate body of magistracy, to county in which he shall be chosen wit those which are legislative, to one year next preceding his election,

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-gover

ner.

1. 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 quali. fications 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 gov ernor, his removal from office, death, refusal to qualify, resignation, or ab. sence from the state, the lieutenantgovernor shall exercise all the pow. ers 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, re- | shall be co-extensive with the limits fuse to qualify, resign, die, or be of the state, under such restrictions absent from the state, the president and regulations, not repugnant to of the senate pro tem. shall, in like this constitution, as may, from time manner, administer the government, to time, be prescribed by law: Prountil he shall be superseded by a vided, nothing in this article shall be governor or lieutenant-governor. so construed as to prevent the geneThe lieutenant-governor, while he ral assembly from giving the supreme acts as president of the senate, shall court original jurisdiction in capital receive for his services the same cases and cases in chancery, where compensation which shall, for the the president of the circuit court may same period, be allowed to the speak- be interested or prejudiced. er 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

§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.

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.

at Rome and in England.

It was used in dating § 7. The judges of the supreme It began court shall be appointed by the gov- at the dismission of the Nicene ernor, by and with the advice and council, anno Domini 312; the first consent of the senate. The presi-year was reckoned the first of the dents of the circuit courts shall be first indiction, the second, the third, appointed by joint ballot of both &c., till fifteen years afterwards. branches of the general assembly, The sixteenth year was the first and the associate judges of the cir-year of the second indiction, the cuit courts shall be elected by the thirty-first year, was the first year qualified electors in their respective of the third indiction, &c. counties.

INDICTMENT, crim. law, practice, 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

§ 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 presi-inditer, which signifies to indicate; dents of the circuit courts, a certifi- to show, or point out. Its object cate that he is qualified to execute is to indicate the offence charged the duties of the office of clerk of the against the accused. Rey, des Inst. circuit court: Provided, that noth- de l'Angl. tome 2, p. 347. То ing herein contained shall prevent render an indictment valid, there the circuit courts in each county are certain essential and formal refrom appointing a clerk pro tem. quisites. First, the essential requiuntil a qualified clerk may be duly sites are, 1st, that the indictment be elected: And provided also, that the presented to some court having jurissaid clerks respectively, when quali- diction of the offence stated therein; fied and elected, shall hold their 2dly, that it appear to have been offices seven years, and no longer, found by the grand jury of the prounless re-appointed. per 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

§ 12. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties, and

jurors aforesaid unknown." Hawk. B. 2, c. 25, 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.

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; 4328; but although it is necessary 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. 25, 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

The

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.
Pl. Index, tit. Time. 6thly, The
offence should be properly described.
This is done by stating the substan-
tial 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.
whole of the facts of the case neces-
sary to make it appear judicially to
the court that the indictors 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 indict-
ment repugnant, inconsistent, or ab-
surd. 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 parti-
cular 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 bawdy-
house, 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 un-
certain on what it is intended to rely

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