Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1870-07-14

/, Ed Wright, Secretary of State,
hereby certify that the foregoing Act
was published in the Daily Ioard State
Register April %, 1870, and in the Des
N3iaes Daily Bssllctin April %, 1870.
ED WRIGHT, Secretary of State.
CHAPTER l67.
AN act to amend the code of civil prac-
Section I. BE IL enacted BY the General
-fssem6ly of the State of IOW1, That
sections 27Os, 27o4, 272S, 1920, 27S0, g132,
27S3, 274l, 2748, 277l, 2776, 2SOS, 2s05, 2s24,
2S43, 1856, 2907, 30O7, 3ls9, 3222, 3225, 1927,
3272, 1906, 33OS, 1923, 1902, 1903 and 4066
of the Revision Of 1860, as now constitu-
ted, be and the same are hereby repealed,
and there are enacted in lieu OF, and as
such sections the following:
Sec. 2. An attorney has lien for
general balance of compensation upon
any papers of his client, which have
come into his possession in tho course OF
his professional employment; upon
money in his hands belonging to his cli-
ent, and upon money due to his client
and in the hands of the adverse party or
his attorney in [anl action or proceeding
in which the attorney was employed,
| from the time of giving notice Of the lien
v ~
be by entering in the margin OF the judg-
ment, memorandum of the claim and
amount due, signed by the attorney and
attested by the clerk of tho court.
| Sec. 3. Should there be less than that
number Of such persons in any county,
the list shall comprise all those who an
swer the above description; and in coun-
| ties containing apopuiation of over twen-
ty thousand Inhabitants, the list of petit
Jurors shall consist of two hundred and
fifty persons.
Sec. 4. Tho auditor shall thcreupon
| file said lists in his Office, and cause a
copy thereof to be recorded in the election
book.
| Sec. 5. Grand jurors shall be selected
for the first term in the year at which
said Jurors are required, commencing
next after the first day of January in each
| year, and shall serve for one year. Petit
| Jurors shall be selected for each term
wherein they are required, but no person
shall be required to attend rs petit jurors
more than two terms OF court in TIN, same
| wear. And in counties containing pop
ulation of more than five thousand in
! hab;tants. it shall be cause for challenge,
! that the person has already served two
| terms as Juror during that year.
Sec. G. At least twenty days previous
to the first day of any term, ut which q
| Jury of either kind is 10 be selected, the
clerk must write ont the names on the
| lists aforesaid, which have not been pre-
| viously drawn as Jurors during that year,
on separate ballots, and the county au-
ditor and sheriff having compared said
| ballots with the jury lists and rectifiod
the same, il necessary, shall place the bal
| lots in box 10 be provided for that pur-
pose.
Sec. :. When grand jurors are to DC
| selected, their number must be fifteen,
and they shall serve for one entire year
thereafter; the number of petit Jurors
shall be fifteen unless the judge Of the
district or circuit court shall, for tho
court over which he prtaides, iii writing
direct the county auditor TO se!ecta great
err number, in which ease such greater
number shall be selected, and separate
lists shall he made for tho district ano
circuit courts.
Sec. 8. Within three DAYS after sucl
drawing, the clerk tuust issue prcccp1
10 the sheriff, commanding him to sum
mon tae said Jurors to appear before Tho
court for which they were selected, nj
eleven o'clock, y. NJ, Of the first dag O
! tic next term thereof (naming the month
and day. unless the judge OF the cour
has previously directed u different hour
or DAY for their appearance, III whici
cases such direction must be observed.
See. 9. IN actions for relief on thu
ground Of fraud, and in actions for tres
1 pass 10 property, the cause of action shall
not be deemed TO have accrued until the
| frand or trespass complained OF sinai
have been discovered by the party
agrievcd.
sec. 10. But when cause OF actor
has been fully barred by tho laws OF any
country whore tho defendant has prcvi
ously resided, such bar shall be the same
defense here rs though il had arisen nm
der tie provisions Of this chapter; hu
this section shsJl not apply 10 causes o
action arising within THIS State.
Sec. IL. 4 married woman may in nj
cases sue and besuod without Joining hei
husband with her, except in cases where
the cause OF action exists III favor Of ol
against both.
Sec. L. Wien q husband, being I
fn1her, has deserted his family, the Wiz
being mother. may prosecute or deien'
in his name, any action which no mish
have prosecuted or doiended, aiin shai
, have the same powers and rights therein
as lie might have had, and under like cir
: ean.f5taitees, tie SAME right stat apply :
the husband upon the dcsertion OF til
, wife.
Sec. 10. a change Of venue in an,
!, civil action may bc had in ans cfthe iol
, lowing cases.
LIST. Where the county in which til
suit IL pending is a party thereto.
2nd. Where the judge is 4 party, or J
: directly interested in the suit, or Is con
. nectcd by blood OF afiiIity with any per
son SO Interested nearer than than Ill
fourth degree. g.,
, Sd. When either party ii!os An afidn
+ Wit verified by .,nself and three disln
, terestea person, not related to the part.
making the .1tion, nearer than IN IN
fourth degrct, stating that the liihabi'
ants Of th'j county, or the Judge is +
: prejudice against him, or tliai me al
verse pa " or his attorney has aGtli ~
? unane iJhncnee over the ihliaiitants :
: the cor ATTY that he cannot obtain - ~
| trial, whore il is so made to appear TO ID
|, Judge, that jury OF twelve men cnnno
. be claimed in the county where raid &c
tor Is pending, then upon application Q
: cit ler party IA aforesaid, change 0
venue Shall DO granted to the nearos
county in whicha jury can be Obtained
Sec II. The venue shall be changed {
isome other county III the saylo district
j. unless tho objections are to the Judge.
+, unless the objection made Is claimed
hold to all the other counties OF The di'
} trict. and shall be to the most conycnci
: county to which no objection ~ made