Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1853-01-26
Section repeating section 100 Of the


Section2 amending section l25 so rs to
read--the county court shall be considered open
| except in those counties where the public
business does not require it, but fer the
transaction Of business requiring no'ic", the
Judge shall hold regular sessions on the first
Monday Of each month except April and Au-
gust. and on Tuesday following the first Mon
day Of those months
Mr. Folsom moved to strike it from the bill;
| carried.
Section 3--amending section PIG so as to
read-the Judge Of any county may submit to
the peope of The county the question whe' her
| the salary of the above officers or any Of them
shall be Increased or diminished in the man
ner provided for submitting other questions
| Mr. Bryan moved 10 strike it from the bill;
lost
Mr. Nc Arthur moved to amenilt so as mere
| ly to read "secton ZIG OF the code is hereby
repealed" carried.
Mr. Steadman moved to reconsider the above
vote; lost.
| Section 4-amends section sGs of the code Ivy
adding to the first paragraph of said section
| the words "or whenever the Guardian shall
satisfy the courts that the best interests of his
ward require any portion Of his estate to be sold
or mortgaged.'
| Section 5--amcnds section l045 of the code
by striking out in the last paragraph of said
section all after the words "from the day and
inserting thereafter the words, ION which the
same was offered for sale"
| Section 6-amends section 1852 Of the code
SO as to read-"if any person fail to pay the
interest for any lands purchased Of the fund
commissioner as the same falls due, the fund
commissioner shall collect the same by suit or
otherwise
MI Grant moved to amend by striking out
all after the word "due' and insert 1.-THE con.
tract for tie purchase shall be forfeited and the
land sold anew by the commissioners"
I Afteroppositiori to this amendment by Nessrs
Coles. Eaton. Folsom and Ross, M Grimes
moved to strike the section from the bill leaving
| the code as it is; carried
Section, 7--repeals section LOG. Of the code
and suhstitutes-all persons who have settled
upon the 10th sections, after they may have
been surveyed. shall enjoy the same rights
which are conferred upon those who may have
settled prior 10 such survey, and the same
course slrall be pursued in regard to its valua.
ton and sale a, is provided by the acts refer
ring to 18th sections
Mr. Haun moved to strike it from the bill;
carried
Section 8 repeats section Il90.
Section amends section 1918 by adding
that where the acknowled cement is taken out
OF the state by person having no seal the
clerk of the county shall certify to his having
judicial authority for doing the same, and that
tuiS stCttoH shall DC utcfueu IctTUSpeCIlNe.
Section 10 amends section l4l9 by striking
ont all after the word ''at' and inserting 1.-THE
value at the time such advancement was
made"
Section II amends the last paragraph of sec.
tion 1888 by striking out the words but can
receive no fee fer lis service and inserting"
and is entitled to tie same fees for his servi.
ces"
Section l2 the last repeats tie section 2312
MI Folsom moved to amend section 23Io SO
as To read--An appeal taken in the usual way,
IT the proper security is given ,suspends tie ex-
ecutioh for costs and the warrant of removsi,
but If the defendant fail to recover an appeal
the Plaintiff shall rec ver triple dana GEES for
the detention OF the premises complained of;
carried.
On motion the committee rose and reported
progress; its amendments were concurred in
and the bill ordered to a third reading.
r. Mr. Wit;er reported sundry bills as correctly
engrossed.
sEAATE MESSAGE.
The bill for the creation of the Office Of at
torney general with senate amendment in
creasing his salary from 600 to ST. .0OO
Mr. Haun moved to amend by inserting $500
lost; yeas Is, nays 45, Messrs Allen, Benson,
B:yan'. Eaton, Green of Jackson. Haun, means,
Sells. Steadman, Taylor. Washburn, Wilson
and Mr. Speaker. voting in the affirmative
ate amendment by yeas Is, nays "A,
Senate amendme"t to section providing
chat the attorney general sh all be the reporter
of the decisions of the supreme court simply
leaving out the provision that the state shall
not be under any responsibility for the same.
MI Anderson moved to add that the attorney
general shalt when Gale upon take charge Of
and MANAGE all suits arising out OF the Des
Mones impr ovement but afterwards withdrew
the same.
Mr. Folsom moved to amend the senate
amendment by striking out the balance Of sec
ton 8; lost.
HALF PAsN ONE O'CLOCK.
Question pending, the concurrence in the
Senate amendment above.
Mr. Coles moved TO reconsider the vote by
which the motion of Mr. Folsom to strike out
section 8 was lost
The chair finally decided that said motion
was not in oder, being to strike out part OF
the text Of the original bill after passage and
Senate amendment.
Said amendment conourred in.
BY Mr. Coles, the committee tn whom was
referred H r file 2ll, a bill authorizing the
publication of the laws of this session, repor-
ted back the same recommending its passage.
By Mr. Taylor resolved that no new bills be
received after Tomorrow except by unanimous
consent; agreed to.
By Mr. Gilmore, resolved that the chief clerk
be instructed to inform the Senate that the
House is ready 10 meet with it on this tioor at
3 N for the election Of State Printer and war
den Of the penitentiary; lost.
By Mr. Taylor the committee on federal rela-
tions reported back II r file 81, a j int resolu-
ton for additional mail aclites, Recommending
its passage.
BY Mr. Benson, the committee on claims re-
ported ad versely to the petition OF Mr. Maynard
of Guthrie county; report concurred in.
By Mr. Haun; the committee on amendments
reported back H file liz, bill ia relation to
Swamp land &c recommending its passage.
By Mr. Anderson of Lee. sundry additional
to the code relative to the school
bill were reported.
On motto: of Mr. Washburn the rule was
suspended, the joint resolution demonstrating
Congress to cause the line Of the half breed
tract in Lee county to be surveyed and estab-
lishsd was taken up,read Sd time and passed.
SENATE MESSAGE.
Senate file 80 bill for al act granting rights
2nd time and referred to committee of the whole
House tO-morrhw a, 81 PM
Senate file l0S--a bill regulating set-off in
1851 Of the code read LIST and 2nd time and
ordered to 81 reading.
Senate Ill, bill for an act to regulate pro-
ceedings in the courts of this State; read LIST
and 2nd time.
Mr. Folsom moved TO add a section providing
that every man who brings suit shall be
compelled on request to disclose the nature Of
his case. his hopes and prospects, to his ad