Journal of the Senate of the State of Indiana, Being the Eighth Session of the General Assembly. 1823-24

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Ordered, That Mr. Stapp inform the House of Representatives thereof.
And the Senate adjourned until two o'clock this afternoon.
^ 2 o'clock, P. M.
Senate assembled.
The Senate now proceeded to consider tbe amendments made in committee of the whole Senate, to tbe bill regulating tbe ju- risdiction and duties of justices of the peace; and being severu!Iy read — the first amendment was concurred in- — the second amend- ment which was by striking out the third section, was not con= curred in.
And o
...n the question, will the Senate concur in the 3d amend- ment made in committee of the whole to said bill i" Which was by inserting the following as tbe 4th section in said bill, to wit ; "Whenever the justice before whom any person may be tried for a breach of the peace, or arrested on any criminal charge, shall discharge and acquit such person so arrested as aforesaid^ and shall be of opinion that the prosecution is malicious on the part of the prosecuting witness, or witnesses, and without pro- bable cause: such justice may tax the cost against such witness, or witnesses, and proceed to judgment and execution for the same, as in other cases." The ayes and noes being demanded by two members ; Those who voted in the affirmative were, Messrs.

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