Amend by adding the following instruction:

Provided, However, that where there is any doubt as to the amount of property, in value, owned by each, the plaintiff and defendant, it shall be the duty of the Sheriff, or Constable, to make out an inventory and valuation of the property of both, the plaintiff and defendant, and if it shall appear upon such inventory and valuation that the defendant is the owner of more property, in value, than the plaintiff, then no exemption shall be allowed.

Mr. March moved to lay the amendment on the table.

The ayes and noes were demanded by Messrs. Johnson and Browne of Randolph, and being taken, resulted as follows-ayes 24, noes 17:

in:

So the instruction was laid on the table.

On motion by Mr. March,

The bill was re-committed to the Judiciary Committee.

Mr. Cobb submitted the following report, which was concurred

MR. PRESIDENT:

The Committee on the Organization of Courts, to whom was re

ferred Senate bill No. 4, "A bill to amend the second and third sections of an act regulating Docket Fees of District Attorneys in the Court of Common Pleas, and before Justices of the Peace, and regulating prosecuting and district attorney's fees in prosecutions on forfeited recognizances," approved June 4, 1861, have had the same under consideration, and have instructed me to report the same back to the Senate, with the following amendment:

Strike our all after the word "county" in the amendment on page three, and insert the following:

"But in case the district attorney fails to attend, and prosecute the pleas of the State, in person, at any term of the court, it shall be the duty of the presiding judge to appoint a competent attorney to prosecute in his stead, and make an allowance to him for his services, which allowance shall be deducted from the salary of said district attorney, and that all laws empowering district attorney's to appoint deputies be and the same are hereby repealed," and when so amended, recommend its passage.

Mr. Browne of Randolph submitted the following report:

MR. PRESIDENT:

The Committee on the Judiciary, to which was referred Senate joint resolution No. 11, a joint resolution to appoint an agent to examine into the affairs of the Bank of the State of Indiana, and particularly the Lawrenceburg branch thereof, have had the same under consideration, and have directed me to report the same back without amendment, and to recommend its passage.

On motion by Mr. Wilson,

The joint resolution was recommitted.

Mr. Ray submitted the following report, which was concurred in : MR. PRESIDENT:

The Committee on the Judiciary, to whom was referred Senate bill No. 96, have had the same under consideration and have instructed me to report the same back, with a recommendation that it be amended as follows, to-wit, and when so amended, that it pass:

Strike out sections Nos. 4 and 5 of said bill, and add thereto the following section, viz:

SECTION 4. It shall not be lawful for any officer in this act named to receive any fees for the duties herein required, until the indexes in this act required shall be made.

On motion by Dickinson, The Senate adjourned.

2 O'CLOCK, P. M.

Senate met.

Mr. Landers asked and obtained leave of absence for the Com mittee on Military Affairs for a short time.

Mr. Williams submitted the following, which was concurred in: MR. PRESIDENT:

The select committee, to which was referred House bill No. 66, have had the same under consideration, and have instructed me to report the same back to the Senate, and to respectfully recommend its passage.

in:

Mr. March submitted the following report, which was concurred

MR. PRESIDENT:

The Committee on the Judiciary, to whom was referred Senate bill No. 91, being a bill to amend the existing law in relation to ap peals in contested election cases, have had the same under consid eration, and directed me to report the same back, and recommend

MR. PRESIDENT:

The Committee on Rights and Privileges, to whom was referred Senate bill No. 67, being a "bill the better to secure the free passage of fish in the streams and water-courses of this State, and to provide a penalty for a violation thereof," have had the same under advisement, and have agreed upon the following amendment, viz:

Strike out all after the enacting clause, and insert the following, and when so amended recommend its passage:

Amend the title by inserting, after the word "State," the following: "And to prevent catching fish by poisoning the water, or by nets and certain other instruments, in the inland streams of this State."

The report was concurred in, the amendment adopted, and the bill ordered to be engrossed, and read a third time on to-morrow.

Mr. Douglass introduced

Senate bill No. 137, entitled an act giving county surveyors the power to administer oaths to viewers of roads, providing that when a surveyor is one of the viewers, he shall not be required to take an additional oath;

Which was read a first time, and passed to a second reading on

to-morrow.

Mr. Davis of Cass introduced

Senate bill No. 138, entitled an act to amend the title of an act providing for the increasing of the capital stock and the directors of railroad companies, approved June 17, 1852;

Was read a first time, and passed to a second reading on to

morrow.

Mr. Culver introduced

Senate bill No. 139, entitled an act to repeal the 119th section of an act entitled an act to provide for the valuation and assessment of the real and personal property, and the collection of taxes in the State of Indiana; for the election of township assessors, and prescribing the duties of assessors, appraisers of real property, county

treasurers and auditors, and of the Treasurer and Auditor of State, approved June 21, 1852;

Which was read a first time, and passed to a second reading on

to-morrow.

Mr. March moved to take from the table Senate bill No. 129, and recommit the bill to the Committee on Finance;

Which was agreed to.

Senate bill No. 133. Entitled an act fixing and determining the amount of the equivalent to be paid by persons conscientiously opposed to bearing arms, in pursuance of the requirements of the Constitution, declaring when the same shall be due and payable, directing the making of rules and regulations for the collection thereof, and the manner in which suit therefor shall be brought, and judgment recovered, and also declaring when this act shall take effect;

Was read a second time, and referred to the Committee on Military Affairs.

Senate bill No. 135. A bill to amend the first and third sections of an act entitled an act for the encouragement of Agriculture, approved February 17, 1852;

Was read a second time, and referred to the Committee on Agriculture.

Senate bill No. 136. Entitled a bill entitled an act to divide the State into eleven Congressional districts, and to repeal an act entitled an act to divide the State into Congressional districts, approved February 9, 1852;

Was read a second time, and referred to the Select Committee on Apportionment.

Senate bill No. 134. A bill supplemental to an act entitled an act to regulate and license the sale of spirituous, vinous, malt, and other intoxicating liquors, to prohibit the adulteration of liquors, to repeal all former laws contravening the provisions of this act, and prescribing penalties for the violation thereof;

Was read a second time, and referred to the Committee on Temperance.

Leave being granted,

Mr. Landers introduced