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commissioners to view, mark, and locate a State road, commencing at Nebraska, in Crawford county; thence on the nearest and best route to Mr. Harris', in Perry county; thence on the same direction, passing near John W. Williams'; thence to intersect the Paoli and Troy State Road, at or near William Blunks, in Crawford county.

SEC. 2. The said commissioners shall meet at Nebraska, in Crawford county, on or before the first day of June next, or as soon thereafter as a majority of them may agree upon, and after having taken an oath faithfully and impartially to discharge the duties assigned them, shall proceed to view, mark, and locate said road, agreeable to the points and courses designated in the first section of this act.

SEC. 3. The said commissioners shall, within thirty days after they shall have located said road as aforesaid, report to the county auditors of the said counties of Perry and Crawford, so much of said road as may be located in the respective counties of said auditors, which report the said auditors shall lay before their respective county boards at their next session thereafter, and said county boards shall severally cause the said report to be recorded, and order said road to be opened; and said boards of commissioners in the counties of Perry and Crawford shall make said commissioners such compensation as shall be reasonable, each county paying its proportionable part.

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

CHAPTER CXXXIX.

An act to incorporate the "Grape Vine Marsh Plank Road Company."

(APPROVED FEBRUARY 12, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That any two or more persons who shall associate themselves together, pursuant to the provisions of an act entitled "an act authorizing the construction of plank roads," approved January 15, 1849, to construct a plank road across the Grape Vine Marsh, in St. Joseph county, may commence the same, at a point in the Mich

igan road, at or near the summit of the hill, on the east side of said marsh, and construct the same along and upon said Michigan road, to a point in said road not less than one nor more than three miles west of the point aforesaid, and may, when they shall have con structed said road, erect and maintain thereon a toll gate, and charge, collect, and receive any rate of tolls thereon, not exceeding double the amount and rates fixed by the act aforesaid; and said association or company shall, upon filing their articles of associa tion as provided in said act, be entitled to all the rights, privileges, and franchises conferred, and be subject to all the obligations, restrictions, and liabilities imposed by said act, except as herein otherwise provided.

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

CHAPTER CXL.

An act to amend an act entitled "an act to incorporate the town of Newbern, in Bar tholomew county," approved January 14, 1850.

[APPROVED FEBRUARY 10, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the 3d section of the above entitled act be so amended that the trustees of said town may be elected at any time within sixty days from and after the first Monday in March, 1851, and that a majority of the legal resident voters in said town liable to pay a corporation tax, shall, by a direct vote, declare in favor of incorporating said town.

SEC. 2. All the rights and privileges guaranteed to the trustees of the town of Newbern, in an act approved January 14, 1850, and to which this act is an amendment, shall continue in full force.

SEC. 3. This act shall be in force from and after its passage.

CHAPTER CXLI.

An act for the relief of Thomas Decimus Franklin, Sophia Whitworth, William Whall, John Whall, and Robert Whall.

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[APPROVED FEBRUARY 11, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all the estate and interest of the State of Indiana in and to certain lands situate in the counties of Floyd and Clark, in the State of Indiana, of which Joseph Franklyn, otherwise Franklin, died seized, is hereby released to, and vested in Thomas Decimus Franklyn, Sophia Whitworth, William Whall, John Whall, and Robert Whall, their heirs and assigns, forever, to take, hold, and convey the same in the same manner, in the like proportion, and in all respects as fully as if the said Thomas Decimus Franklyn, Sophia Whitworth, William Whall, John Whall, and Robert Whall had been citizens of the United States at the time of the decease of the said Joseph.

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

CHAPTER CXLII...

An act to repeal an act therein named.

[APPROVED FEBRUARY 13, 1851.j

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That an act entitled "an act to authorize the sueing out a writ of ad quod damnum in a certain case therein named," approved case January 27, 1847, be, and the same is hereby repealed.

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

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CHAPTER CXLIII.

An act authorizing the board of commissioners of Howard county to cause a record to be made of a certain State Road therein named.

[APPROVED FEBRUARY 8, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the board of commissioners of Howard county be, and they are hereby authorized and required to cause to be recorded in their order book, the report of the commissioners appointed to view, mark, and locate a State road from Wabash town, on the nearest and most practicable ground, to the town of Noblesville, under the thirty-fifth section of an act concerning State roads, approved February 13, 1843, so far as said report defines and locates said road through Howard county.

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

CHAPTER CXLIV.

An act limiting the jurisdiction of the corporation of the town of South Bend, in the county of St. Joseph.

[APPROVED FEBRUARY 11, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all that portion of said town of South Bend lying south of Washington street, and west of Bail's addition to said town, be, and the same is hereby declared without the corporate limits of said town, and from and after the passage of this law, the same shall not be included within the jurisdiction of, or subject to taxation by, the corporation of said town.

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

CHAPTER CXLV...

An act to repeal a certain act therein named so far as it relates to Grant county, and to revive certain other acts.

[APPROVED FEBRUARY 11, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the act entitled "an act to define the jurisdiction of the justices of the peace in the several counties therein named," approved January 16, 1849, and the ninth section of "an act to extend the jurisdiction of justices of the peace in certain criminal causes," approved February 16, 1848," be, and the same is hereby repealed, so far as it relates to the eleventh judicial circuit, and that the laws superseded and repealed by said act be, and the same are hereby revived in said eleventh judicial circuit.

SEC. 2. This act shall be deemed and taken to be a public act and shall be in force from and after its passage, and its provisions are hereby extended to the county of Delaware.

CHAPTER CXLVI.

An act for the relief of Harvey Bates, of the county of Marion.

[APPROVED FEBRUARY 13, 1851.]

WHEREAS, It is represented to the General Assembly that the sheriff of Vanderburgh county, by virtue of a decree of the Vanderburgh circuit court against the widow and heirs of William Town, deceased, sold and conveyed lots 9 and 10, in block 14, to the said Harvey Bates, to satisfy said decree, which decree, it is represented, was founded on a mortgage executed by said Town, in his lifetime; and it being further represented, that the said Town, in his lifetime and prior to the execution of said mortgage, purchased said lots from Amos Clark and paid for the same, but that no evidence has yet been found that said Clark ever conveyed said lots to said Town;

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