, 1879-05-26

mcnt of The ncxt regular aetslon. tlc aggregate
annonnt Of which shalt not be !HcrcascA wIthout'a
yntc Of twU.lhtrs of tho members elected to each
tfonse."
1ho nnders!gncd arc Of tlo cpln'oh that all ~,
propfihs'on bills that provlde for m cxnendnre Of
monny not authorized by the last utnegtt Ahaemhly
md that nra Tor the payment Of m Indebtedness
contracted since tho adjournment thereof. and BE-
@ 2, ~ a"t 1a Ief
tions provided by saeh last General A.lombiy Tor
elnnen m n "rsusnee s q ase Is u Al Of he
Contttution, which ares atwo-hrdt ynts Of all
the !nomoe cIrctcd To this !tOuso before they
Is one Of suei, entacteT. TAe underaiqned. .hero.
fore, protest that 1t requires 1o3 Yotes TO pasa this
b!l and that i ms NOT passed the 1lonss By COZ.
Vii b. oI"erTei that when the Speaker Of tho
1iouse declared that the bill had pa1sed ey con.
cison 10 ~as sastaisd by only p seventy.sI1 sotes
Tha, opinion Of the speaker that ,lns bill had
passed by constitutional majority wns not sns.
bill Of any character through the tlousc. 1t IL
thus apparent that It was tho intent Of tho Lousc
10 paat THY bill ~ providing for deficiency IN tina
but what ia the condition Of the biz. II b.. any
ros.L9,iit{ Tug pto;slon. u Sec IL of A. q ho
limit issal sje:it1 + r.. ths b, Ths M sspie
day Of October, liza. Bec. 43 Of tho act entitled
an act to provide Tor tbs management Of tho M
70. 1S7l. reads: ''tfhc Commissioner and tte
t. eontras. ny aet on oehslt q ths siats beyond
crst Assembly. and Il tho mid commissioners o.
either Of them. the said Warden. shall contract
3 pan u snsh Sse esntaet sha bs VIII ana III.
Commissioners and their 4ufeties Of said Warden
snd h!s 'uFesIes aha'l bo held liable to ply sueh
1:y this siatuto tho PenitentlarY commissioners
and Warden werc not onlF without authority OF
iaw. but expressly forbidden 70 contract these y
declares ''Tho aonerai Assembly shall not author.
a9 ~ Of :, g's na.r 9
aathorsy Of law, md sil sueb unauthorized agree.
tns s' aenetai nc Asse@sy ps ID b Ss cons
tution trnrl paying those debts. which haTs beon
crested without authority OF law and in violation
i tho senate hi, ilD l. Viewed ~ other than
deficiency h tue unaersisned pFote'tthstt is un
MosEs J.. WENTWORTH,
ANDREW lliHbB,
WtLLtAx II. PE,cKrrr.
THOMAS nuTTKnwonrH.
Mr. Holden introduced a bill this morning.
the terms Of the Vcrmi1lion County Court.
POWER Or BALE.
THIS morning Mr. 0rendorff moved to make
Qray'8 bill repeafng the act, passed. this session,
abolishtng powers OF sale In mortgages and
trusttleeda the spcctal orasr for II o'clock.
bill the spec!ai order Immediately following
bills Oh third reading already sst ~ tie sp0cia'
order.
Mr. Graham moved to table these motions.
This was jost,-yeas, o9: uays, o.. It y appar'
dissatisfaction with this measure, and TINT the
rcpealtng Bit will pass It time is allowed. This
bill passed bY q scratch, aud reelection has 70.
yea1ed To thu understanding Of members that It
Ia d bnil bill.
Mr. Latimcr, from the Committee appointed
to Investigate tic charges Of cruel tscattneut by
.Tuhn CnlvIu, made uKainst the authorities ol
1usnno Asylum ut Jacksonvllle. made a report
this morning exhoneraisng the institution.
HILLS ON THIRD HEADING.
Senate bills on third reading we're then taken
07, amending SEES. 10 and IS Of an net III rela
tl1n to rcp1avn, was takon up and paased. Till
b!ll provides TINT Sccs. 10 and Is Of IN act Gu
titled An act to EevIge the 1Aw In relation t.
rcplevin," approved Feb. 0. 1874; In force july
| t. 1874, DO md .he samo ts hereby amended sc
as to read as follows:
| SEC. 10. Defore the execution Of any WRIT ot re-
pl9yin, tho plant!g, o. sor,e one elae on his be
oesr @ s soad With " sucent soearity IN doubs tae
value Of il'e property about to 10 tepleytnsd can.
dlttoncd that lie will prosecute such hut 10 effect,
erty. M Il retara q tha uropafty sh.ll ). axasa
and save keep harmless such Sheriff, constable~, o
ohss sse a' e. ca.S a 1s II sptSy
paYfnenr Of MI cos'a and damages occaeioned b.
wronR!aIly auins uut said writ of tcI'levin., AMI
'tIai sbail heeoma tnsolyant = rnls nisi slla b,
eutcrod requiring good and sufficient tcposin pont
10 ue hled; and il tho same shall not to 10 nlot
within tne t!mo liked by tue cou't' tho suit shaf
u sss. Ssii t. at my time til. condition, of th'
bond required by Sec, 10 Of thls act shall b,
broken, tho Sheriff, Constable. or other officer. o
u,aintlff. In the namo Of the Sheriff to biz own uso
~ the caae may be. may sue sud inan'ntain an &C
damages md costs ~ may lave been sustained !,
| consequence Of the breach OF such condition.
| oT1tER HILLs.
Senate Ni1eq1s, 70 revise the inv IN relation tt
fences, was hst.
Senate Uili A4, to secure tho better profes.
| sional education Of practitioners Of denial sur
gerry, was put on ita passage nnu lost.
Senate bill 40 In relation to tho appoiatmen
| Of School Directors, was passed.
| ilouse Bill 03s, TO amend Sec. OF an aet ir
regnrd to attachments tn courts Of record, was
pissed. THIS bill provides thut Bee. OF an act
| entitled "An net in regard to attachments tI
courts Of record" approved Dec. %, 1871; II
force July l, 1S7a, be asurnded 10 Us to read q.
| follows:
flat In any court ct record having conpetcn
Jurisdiction q cr0d.or n,ay lafo MI attachmen
avaist ine property Of hts debtor. or that OF an,
one Of moro VI several debtors when tho indebted
ncaa cxcocds $sO, In any ons OF tho followint
Eatest
| Htato.
isseond-Wnan tha dobfor eonccAls himself. Of
| stands In defiance Ut MI otrletr, 50 that process
cannot bs served upon him..
| 4Alrd-Whors tic dub.or aas departed from thl
SUITS with tho intention of having lts S1octs 70
| Moyot from this Stats.
| Foprth-Wherc lhe1 dcbtor ID abont to depnr
from this State with the Intention Of hnYing AI
| nfftrta rrAoyeh from, this State.
| FifIh-When tho a!ebtor IL about 10 remove III
| property from this stato to tho injury ot aIcI
| creditor.
8ixth-Wnen Tho debtor bas, within the tw
years pEecounE thu. dl!nE IT tho affidavit requred
fraudu'eNt!y conveyed OF assigned hls effects. Or
part thereof. iu hinder VI dcaHy hs creditors
| 3tpeath-Whan tho debt0F has within two ycatl
| uritr to the hling Of suctl affidavit. frandnientl
coneonisd or disguised 0f Aia property 10 ~ to hin
i dar o. dsiay hts creditors.
| FsgAfh-Whcn thu leht1r lAnbout to fraudulent
conceal! assigu, Or otherwise dispose Of hia pr0p
atty Or eucls 30 as to hinacfur dctay h!s credit
Wafh-When tho debt sued for was fraudulent,
| contrnctcI an Tho part Of the debtor; Pr0rtusd
the atatcments of thu Iebt0F, hts agent, Or nstor
nuy, which constitute tAs frnui shall lsaye Ice
reduced to writing and his signature adachcl
thereto by htmaolf, aRent, Or attorney. Il. =
| 1915, pARa Gl, Hoc. !,
Thc proportJ Oh doo,or may bo attached pro
vous 10 Tho t1l1o when the daht becomes dun wheI