Show I 1 THE legislature legislature d I 1 COUNCIL fob feb 10 1888 T the council concurred in the house resa resolution providing gor for the introduction of general appropriation bills by ceo 22 woolley from the judiciary com cittee reported back H F 3 41 a bill for an act to amend section oi of the code of civil procedure wath amendments recommending it be pat upon its 1 is passage report adopted with amendments read by title and filed for second reading woolley on behalf of thel the judiciary ciary clary committee presented H P F 25 a bill to amend title XII chapter 11 II section of an act revising tile the code of civil procedure of utah territory relating to appeals from justices courts to the district court recommending that it be put upon its passage report ado adopted ted bill read first time and aced H F 33 relating to the burial of dead animals was read the first time and referred to 10 the committee on public health the council then read the third time and passed C relating to gaming and it if was referred to the committee on enrollment 0 F 15 a bill to amend sections 1107 1168 and 1173 of an act revising the code of civil procedure in utah territory was then passed pending proceedings we went to press 10 1888 after we press C F 15 a bill to amend sections 1168 and 1173 13 of an act re revising the code of civil procedure in utah territory was passed marshall presented 0 F 25 a bill regulating civil ivi I 1 procedure in utah territory the bill was read the first time by its title and referred to the committee on judiciary H V F 25 0 a bill revising the code of c ivil civil procedure r d re etc was wa s read the seco second 8 time and was filed for third re reading adini H F 1 41 on civil procedure was then called for second reading read bead and filed for third reading 0 P F 2 providing for proceedings in insolvency was then callad up but bat on request of woolley postponed the house notified the council of the passage of a substitute for HF 35 a bill providing for the selection of jurors read bead by title and referred to the committee on iudici judiciary ary the council then read the third time and passed H P F 43 relating to attachments attachment C P F 2 a bill providing 1 for proceedings in insolvency was then called for third reading marshall moved its passage under suspension of the rules carlisle objected to the passage of the billon bill on account of its being cumbersome in the length and character of f its provisions its inevitable expense to parties concerned who reside in localities remote from the courts etc marshall declared it a vast improvement over the present law in such respects as to expense and that ingolv ants would gladly meet the trifling costs imposed by it as they were less than those now prevailing carlisle regretted the necessity of its ita passage today ile he was now more than ever convinced that it should not pass the expense of legal aalice required by the bill was great A general and simpler bill such as was intro deuced in a former legislature conveying most of the points in this was preferable the bill opened the way tor for dishonest dishon disho nast sst persons to defraud their ca editors creditors etc woolley was surprised at the opposition of the gentleman from cache county he had examined the bill closely and should vote for it on call of the ayes and noes the bill passed mr carlisle voting no and one couie councilor llor absent the committee on penitentiary and reform school to whom was referred keslers keilers Kes lers report recommended that he be required to give a full report of everything in his possession adopted and the clerk instructed the ne council then adjourned until 2 pm on monday HOUSE feb 9 richards explained that the resolution relating to appropriation bills was intended to obviate a rush at the close of the session allen alien said that if it was waa intended intends ed to crowd the governor with a view to preventing vetoes he was opposed to the resolution thurman favored the resolution and said it contemplated tile the doing of what the governor for several sessions had requested namely the preparation of important bills in time for him to consider them the resolution was unanimously ado adopted rt ed H F 6 hoges bill to regulate marriages rt was taken up the the following amendments offered by the committee were adopted to prohibit legitimizing tl the ie offspring of the parties begotten or b born orn before marriage it if they afterwards marry striking out section 9 which requires all ministers to give a bond and obtain a license before performing marriages striking out section 19 providing that persons knowingly entering into an incestuous marriage shall be imprisoned not less than three nor more than fifteen years in the penitentiary there were also a number of other minor verbal amendments not materially affecting the mala main purposes of the bill thurman moved that before the bill be further considered it be printed as amended carried H F 45 46 concerning county recorders came up ud the pending question w was as on a substitute lor for section 3 tile the object of which Is to prevent a monopoly of the abstract business by recorders and the adoption of a fourth section providing for the conducting of I 1 the abstract business the giving gilim il of bond etc 0 richards moved that the bill with the amendments be re committed to the th judiciary committee carried C CF F 15 in relation to laws of other states territories and counties introduced into the courts of this territory was called up and read the second time richards moved a suspension of the rules and its third reading carried king moved that the bill pass it passed by a unanimous vote C F 14 felting gambling games was read the third time the rules were suspended and it was read the third time on motion of creer the bill passed by a vote of 19 ayes to 1 2 noes H F 33 came up the question being on the adoption of a substitute offered by the committee carried on motion of allen alien the rules riles were suspended and the bill was read the third time by its title on motion of farnsworth barnsworth Earns worth the bill passed by unanimous vote hoge moved to adjourn lost by a close vote substitute for H F 35 in relation to the selection and payment of jurors and witnesses came up but before any action was taken hoge renewed his motion to adjourn ad oura carried feb 10 0 opening enin g exercises judge aper administered the oath to the new chief and minute clerks H F 35 in relation to the selection and payment of jurors and witnesses came up was discussed at some length by several members amended and passed by a vote of 18 ayes 3 8 noes H F 20 providing for the removal of county seats was called up on second reading thurman moved a postponement of it as the chairman of the committee ou on counties was absent carried the bill proy providing iding for relinquishing the right of dower was taken up on second reading hoge moved an amendment to prevent a wife f from rom encumbering her right of dower without releasing it and without her hu huso anda consent richards made an explanation of the law a w points involved in and an argument against hoges amendment the amendment was lost pending consideration of this bill we went to press february 10 1888 hoge moved to strike out the enacting in clause of the bill providing tor for the belase release of dower thurman asked the reason for the motion but none were vouchsafed on motion of richards richarda the rules were suspended and vie the bill was read the third time moyle moved that it pass moved indefinite postponement pon ement lost I 1 the bill passed by a vote of 17 ayes to 4 noes 2 absent the bill providing for the geological survey of the territory was called up amendments offered by a committee were adopted and the bill was made the special order for monday and ordered printed H F 36 6 to amend certain sections of the c ivil civil procedure code was taken up on second reading it gives city marshals the authority of constables in certain cases hoge object objected ea to the bill holding that it gave city marshals power not nor contemplated lu in connection with their offices and moved to postpone indefinitely creer opposed the motion holding that the bill was in line with certain legislation passed last session and was designed to harmonize certain laws relative to justices courts and the execution of orders made by them the motion to postpone was lost howell moved to recommit commit re le the bill carried heyborne was excused for a few days howell moved that when the house adjourn it be till monday next carried farnsworth was excused for a day or two creer introduced several local option petitions committee oa elections chairman of the committee on live stock reported recommending that 11 1 46 be amended as indicated b by the committee and that it be printz printed rouche chairman of the committee on irrigation and reported favorably on the bill relating to eminent domain at 3 30 the house adjourned |