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thereof, approved February 18, A. D. 1861, so far as it applies to the recorder's court of the city of Peru, and for the disposal of cases pending in said court, and of the books, records and reports thereto belonging," on third reading.

On motion of Mr. Johnston,

The consideration of bills on third reading was passed over.

Mr. Johnston (by consent) introduced House bill, No. 305, for "An act to define monopolies in the internal trade and commerce of this State, and to discourage the formation and continuance thereof.”

On motion of Mr. Johnston,

The rules were suspended, the bill read a first time, and referred to the committee on internal commerce.

On motion of Mr. Ballow,

Five hundred copies of the bill were ordered printed.

Mr. Stewart of Winnebago (by consent) introduced House bill, No. 306, for "An act to authorize courts of record in certain cases to order lands to be subdivided and platted."

Which was referred to the committee on judiciary.

The Governor's message, transmitting the report of the Canal Commissioners and the report of the Inspector of Mines of Macoupin county, were taken up, and the report of the Canal Commissioners was referred to the committee on canal and river improvements; and the report of coal mines in Macoupin county was referred to the committee on mines and mining.

Senate bill, No. 76, for "An act to amend section eighty-six (86) of an act entitled 'an act in regard to practice in courts of record,' approved February 22, 1872,"

Was taken up, read a first time, and referred to the committee on judiciary.

Mr. Moore of Marshall, from the committee on enrolled and engrossed bills, submitted the following report:

The committee on enrolled and engrossed bills begs leave to report that bills of the following titles have been correctly engrossed, to-wit: House bill, No. 10, for "An act to provide for recording indictments." House bill, No. 34, for "An act to amend section 13, of an act entitled 'an act in regard to elections, and to provide for filling vacancies in elective offices,' approved April 3, A. D. 1872.”

Mr. Bradwell submitted the following:

WHEREAS the pleading and practice in courts of record in this State is the same to-day it was in England under the common law more than fifty years ago, except as modified by statute; and whereas the forms used in pleading in this State are unnecessarily long and expensive; and whereas an act, known as the English common law procedure act, was adopted in that country in 1852, reducing the forms to be used in pleading to the shortest possible compass, and thereby greatly reducing the expense of pleading; therefore, be it

Resolved. That the committee on judicial department consider the expediency of adopting a system of pleading similar to the English common law procedure act, and that they report by bill or otherwise at as early a day as practicable.

Which was adopted.

Mr. McPherran submitted the following:

WHEREAS the Secretary of State, in response to a resolution passed in this House, requesting him to furnish a statement as to whether the provisions in the second section of "an act to make appro priations for the construction of the new State House," approved June 14, 1871, have been complied with, has given in relation to the subject matter of inquiry a statement of the facts, as they appear of record in his office, and a copy of the bond executed by certain citizens of the city of Springfield; and whereas grave doubts have been expressed by members of this House, and by the public generally, as to the validity of the bond so executed by the citizens of Springfield, as provided in said act; therefore

be it

Resolved, That the communication of the Secretary of State in relation to such matter be referred to the judiciary committee of this House, with instructions to report, at the earliest convenience of such committee, as to whether, in their opinion, such bond is valid and binding upon the parties who have executed the same.

On motion of Mr. Wood,

The resolution was referred to the select committee on state house bond.

On motion of Mr. Truit, it was

Resolved, That the committee on judiciary be and they are hereby instructed to inquire if any further legislation is necessary to compel the owners of estates for life in real estate to pay the taxes on such real estate, so as to fully protect the rights and interests of parties owning the reversionary interterest in such real estate, and that they report by bill or otherwise.

On motion of Mr. Wood, it was

Resolved, That the committee on revenue be and they are hereby instructed to inquire into the expe diency of the passage of a law requiring every authority within this State having the power to assess taxes, to report annually to the Auditor of Public Accounts the amount, rate and object of the taxes assessed by it; and also requiring from the several municipal authorities annual statements of the indebtedness of such municipalities, together with the rate of interest which said indebtedness bears, and the object for which it was created, and that said committee be instructed to report by bill or otherwise.

Mr. Bishop of McHenry presented a petition from a number of citizens of the Eighth Senatorial District, asking for the repeal of the present exemption law; which was referred to the committee on judiciary. Mr. Lane of Hancock presented a petition from the attorneys of Hancock county, relating to the publication of the reports of the supreme court; which was referred to the committee on fees and salaries.

Mr. Hollenback presented a communication from the farmers' association of Kendall county, relating to the appointment of railroad commissioners; which was referred to the committee on agriculture and horticulture.

Mr. Graham presented a memorial from citizens of Mercer county, in relation to secret societies; which was referred to the committee on miscellaneous subjects.

Mr. Freeland presented a communication from the county surveyor of Moultrie county, in relation to the present law establishing lines and corners by county surveyors; which was referred to the committee on county and township organization.

Mr. Jaquess presented petitions from citizens of Wabash county, asking for a modification of the present county court system, and a change in the jury system; which were referred to the committee on judicial department.

Mr. Penfield presented a petition from the farmers, tradesmen and mechanics of the town of Ludlow and vicinity, in relation to railroads ; which was referred to the committee on railroads.

Mr. Neville presented a petition from citizens of Randolph county, asking for the repeal of the present liquor law; which was referred to the special committee on temperance.

Mr. Streator presented a communication from the Union Farmers' Club of Avon, in relation to regulating the charges of railroads for the transportation of freight and passengers; which was referred to the committee on railroads.

Mr. Bradwell presented petitions from certain citizens, asking for amendments to the present liquor law; which were referred to the special committee on temperance.

Mr. Middlecoff presented a petition from a number of citizens, asking for a change of time for the payment of taxes; which was referred to the committee on judiciary.

Leave of absence was granted to Messrs. Marsh, Scott, Snow, Shumway and Dement.

Mr. Rountree, from committee on municipal affairs, to which was referred House bill, No. 19, for "An act in regard to the assessment and

collection of taxes in incorporated cities, towns and villages, for the year A. D. 1872, and prior years," reported the same back, with amendments, and recommended that it pass.

The report of the committee was accepted.

Mr. Bradwell moved to postpone the consideration of the bill until Thursday next, after the reading of the journal, and order 300 copies printed; which was not agreed to.

Mr. Bradwell submitted the following substitute for the amendment reported by the committee:

SECTION 10. A writ of error, or an appeal to the supreme court of the State, (but to none other) may be taken from any judgment or order of sale made by any county court, respecting any property returned as delinquent under the provisions of this act, upon such terms, as to bond and security, as the court allowing such appeal or writ of error may direct; if the judgment of such county court shall, either upon appeal or writ of error to such supreme court, be reversed and remanded, the county court shall have power to rehear such case, and if it enters judgment for the taxes, shall fix in the order of sale the time when such sale shall commence; if any judgment of any such county court against any property returned as delinquent under this act, shall be affirmed by the supreme court, such county court may, (without notice) upon a certified copy of the opinion affirming such judgment being filed, make an order for the sale of the property by the county collector, at such time as it may direct in such order.

On motion of Mr. Oleson,

The substitute was laid on the table.

The question recurring on the amendment reported by the committee, it was agreed to.

Mr. Rountree moved to amend the bill by inserting in line 12, of section 7, after the word "due," the words "from the person to whom it is assessed;" which was agreed to.

Mr. Rountree moved to amend the bill by inserting in line 15, of section 7, after the word "thereon," the words "unless such prima facie evidence shall be rebutted;" which was agreed to.

The bill, as amended, was then ordered engrossed for a third reading. Mr. Lane of Hancock, from the committee on executive department, to which was referred House bill, No. 36, for "An act regulating the manner of applying for pardons," reported the same back and recommended that it do not pass, and submitted a substitute for said bill.

The report of the committee was concurred in, the bill laid on the table, and the substitute was read a first time, and ordered to a second reading.

Mr. Bradwell introduced House bill, No. 307, for "An act in relation to masters at law and in chancery."

Which was referred to the committee on judiciary.

Mr. Dresser introduced House bill, No. 308, for "An act concerning tax deeds."

Which was referred to the committee on judiciary.

Mr. Hay introduced House bill, No. 309, for "An act for the relief of Frederic Wagner."

Which was, together with papers relating thereto, referred to the committee on claims.

Mr. Hay introduced House bill, No. 310, for "An act to provide for

the sale of unclaimed property by common carriers, warehousemen, and inn keepers."

Which was referred to the committee on railroads.

Mr. McPherran introduced House bill, No. 311, for "An act to make an appropriation for compensation to military companies for services rendered in the city of Chicago in the month of October, 1871."

Which was referred to the committee on appropriations.

Mr. McPherran introduced House bill, No. 312, for "An act to enable the legal representatives of a deceased person to prosecute for certain injuries in an action of trespass on the case."

Which was referred to the committee on judiciary.

Mr. Moore of Marshall introduced House bill, No. 313, for "An act to apportion the State of Illinois, except the county of Cook, into judicial districts, according to the provisions of section 13, article 6, of the constitution."

Which was referred to the committee on judicial department.

Mr. Moore of Adams introduced House bill, No. 314, for "An act to punish the offense of seduction."

Which was referred to the committee on judiciary.

Mr. Penfield introduced House bill, No. 315, for "An act to provide for the permanent survey of townships."

Which was referred to the committee on county and township organization.

Mr. Rountree introduced House bill, No. 316, for "An act to amend section 44 of 'an act to fix the salaries of State officers; of the judges of the circuit court and superior court of Cook county; of the State's attorneys; of the judges and prosecuting attorneys of inferior courts in cities and towns; of the county officers of Cook county; to regulate the fees of the Secretary of State and of the clerks of the supreme court; to classify the counties according to population, and fix the scale of fees for county officers in each class of cases; to establish the fees of masters in chancery, notaries public, commissioners, arbitrators, jurors, witnesses, justices of the peace, constables, and all town officers; to provide the mode of rendering their accounts, and to fix a penalty for exacting illegal fees,' approved March 29, 1872."

Which was referred to the committee on fees and salaries.

Mr. Shaw introduced House bill, No. 317, for "An act to prevent the destruction by fire of human life upon railroads."

Which was referred to the committee on railroads.

Mr. Walker introduced House bill, No. 318, for "An act to facilitate the settlement of partnership interests of deceased persons estates." Which was referred to the committee on judiciary.

Mr. Stewart of Winnebago announced the death of the Hon. Robert J. Cross, member of the House, from Winnebago county, and submitted the following, which were unanimously agreed to:

WHEREAS the House of Representatives has heard with deep sensibility, and regret the announcement of the death of the Hon. Robert J. Cross, a member from Winnebago county; and, whereas, it s fitting and proper that we, his friends and co-laborers, should, in some suitable manner, testify our respect to his memory; therefore,

Resolved. That in the death of the Hon. Robert J. Cross, this House has lost one of its useful members; the State a wise and judicious legislator; his constituents an honest and faithful representative; justice and humanity a fearless advocate.

Resolved, That our warmest sympathies, though they may not abate the anguish of a stricken family, yet they are tendered as the spontaneous offering of hearts filled with deep sorrow at this irreparable loss.

Resolved, That a committee of fifteen be appointed by the Speaker to attend the funeral of the deceased.

Resolved, That the Clerk of this House be directed to forward to the family of the deceased, a copy of the foregoing preamble and resolutions.

Resolved, That upon the adoption of these resolutions, out of respect of the memory of the deceased, this House do adjourn.

Eulogies on the Hon. Robert J. Cross were pronounced by Messrs. Moore of Adams, Armstrong of LaSalle, Hay, and Savage.

The Speaker announced the following as the committee to attend the funeral of the Hon. Robert J. Cross, deceased:

Messrs. Stewart of Winnebago, Hildrup, Rice, Cronkrite, Johnston, Rogers, Race, Gridley, Granger, Alexander of Crawford, Hart, Booth, Shaw, Taggart, and Armstrong of LaSalle.

In pursuance of the foregoing resolutions, at 12 o'clock M., the House adjourned.

TUESDAY, FEBRUARY 18, 1873.

The House met, pursuant to adjournment.

Prayer by Rev. Mr. Kaesman.

The Clerk proceeded to read the journal of yesterday, when,

On motion of Mr. Hopkins,

The further reading of the same was dispensed with.

The special order for this hour, being the consideration of the minority report of the committee on judicial department, on the resolution relating to a code, together with the motion to reconsider the vote on the majority report of said committee on the same subject, was taken up. The question recurring on the motion to reconsider the vote on the adoption of the majority report of the committee on judicial department, on the subject of a code, it was decided in the affirmative.

On motion of Mr. Truitt,

Both reports of the committee on judicial department were recommitted to the committee on judicial department.

Mr. Plowman (by consent) introduced House bill, No. 219, for “An act to re-organize the Illinois State Horticultural Society."

Which was referred to the committee on agriculture and horticulture. House bill, No. 102, for "An act to amend sections one and three of an act entitled 'an act to enable counties having over one hundred thousand inhabitants to issue and borrow money for county purposes,' approved February 22, 1872,"

Was taken up, read a second time, and made the special order for Thursday morning, next, immediately after reading the journal. House bills on third reading being in order,

House bill, No. 10, for "An act to provide for recording indictments," was read a third time.

And the same and all amendments thereto having first been printed, and the question being, "Shall this bill pass?" it was decided in the af firmative, yeas 105, nays 00.

Those voting in the affirmative are:

Messrs. Alexander of Crawford, Alexander of Montgomery, Armstrong of Grundy, Barkley, Blakely, Bocock, Bradwell, Branson, Bryant, Bullard, Casey, Cassedy, Carpenter, Chambers, Collins, Connolly, Cronkrite, Cullerton, Darnell, Davis, Dolan, Dolton, Dunham, Easley. Ferrier, Flanders, Forth, Freeland, Freeman, Golden, Gordon, Graham, Grant, Hart, Harvey, Hawes, Hay, Herrington, Herting, Hite of St. Clair, Hollenback, Hopkins, Inscore, Jaquess, Jackson, James, Jessup. Lane of Hancock, Lane of DeWitt, Lewis, Lomax, Loomis, Marsh, Massie, McDonald, McLaughlin, McPherran, Mea cham, Middlecoff, Mitchell, Moore of Marshall, Moore of Adams, Moose, Morrison, Moffit, Neville, Newton, Nulton, Oakwood, Oberly, Oleson, Orendorff, Peltzer, Penfield, Pinnell, Plowman, Pollock, Quinn, Ramey, Ray, Rountree, Sawyer, Scanlan, Senne, Sheridan, Sherman, Stewart of McLean, Streetor, Stroud, Swan, Sylvester, Thomas, Thornton, Truitt, Virden, Walker; Warner, Washburn, Wayman, Webber, Webster, Weinheimer, Wicker, Wood, Mr. Speaker-105.

So the bill was declared passed.

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