On motion of Mr. Edsall, The word "plaintiff," in line 3, of section 13 of the printed bill, was struck out, and the word "court" was inserted. And the word "plaintiff" was struck out of line 5, of section 13, and the word "party" inserted. Mr. Strevell offered the following amendment; which was adopted: Amend section 54, 4th line, by striking out the word "oral," and adding to the end of the line, "otherwise than in writing." At 10 o'clock A. M., the President announced the special order. On motion of Mr. Underwood, The special order was postponed 30 minutes. Mr. Bishop offered the following amendment: "1st. In all actions the jury, unless otherwise directed by the court, may, in their discretion, render a general or special verdict; but the court shall, at the request of either party, direct them to give a special verdict-in which, upon all or any of the issues, and in all cases, when requested by either party, shall instruct them, if they render a general verdict, to find specially upon particular questions of fact, to be stated in writing. This special finding is to be recorded with the verdict. When the special finding of fact is inconsistent with the general verdict, the former shall give judgment accordingly." Mr. Boyd moved to lay the amendment on the table; which motion was lost. Mr. Bishop then withdrew the amendment, and offered the following; which was adopted: Add to section 52: "When the special finding of fact is inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly." Mr. Langley offered the following amendment; which was adopted: Add to section 3: "or leave of the court." Mr. Epler offered the following amendment; which was lost: Amend section 24, line 4, by striking out the words "changing the form of the action." Pending the consideration of Senate bill No. 121, At 10:30 o'olock, A. M., the President announced the special order, which was the consideration of Senate bill, No. 186, for "An act in relation to the Penitentiary at Joliet, to be entitled 'an act to provide for the management of the Illinois State Penitentiary at Joliet."" By leave, Mr. Casey withdrew his substitute for Senate bill No. 186. Mr. Shephard offered the following amendment to Senate bill No. 186; which was lost: Amend section 3, in 1st line, by striking out the word "three," and insert "one." Mr. Jewett offered a substitute, and moved to strike out all after the enacting clause and insert the substitute. Mr. Snapp moved to lay the bill and substitute on the table, and to print 250 copies of the substitute to the bill; which motion was decided in the affirmative. Mr. Cary moved that the rule be suspended, and that the consideration of Senate bill No. 186 be made the special order for Tuesday, March 14, 1871, at 10 o'clock A. M. Mr. Crawford moved to amend Mr. Casey's motion, by making it the special order for Thursday, March 9, 1871. The question being on Mr. Casey's motion, It was decided in the affirmative. By unanimous consent, Senate bill, No. 30, for "An act relating to county, city, town, township, school district, and other municipal indebtedness, and to provide for the funding and payment of the same," Was taken up, and, On motion of Mr. Bishop, Referred to the committee on counties and township organization. The consideration of Senate bill No. 121 was then resumed. Mr. Crawford offered the following amendment; which was adopted: Amend section 45, by adding the words "or to impeach said witness," after the word "therein," in 6th line. Mr. Kerr offered the following amendment; which was adopted: Amend by adding new section: "SECTION 88. In all cases when a new trial shall be granted, on account of improper instructions having been given by the judge, or improper evidence admitted, or because the verdict of the jury is contrary to the weight of the evidence, or for any other cause not the fault of the party applying for such new trial, said new trial shall be granted without costs and as of right." Mr. McNulta offered the following amendment; which was adopted: Amend section 83, by inserting after the word "given," in 2d line, the words "and for this purpose may allow the entering of a remittitur, either in term time or vacation." A message from the House of Representatives, by Mr. Reese. Mr. President: I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, to-wit: House bill, No. 218, for "An act to provide for and fix the salary of the Judges of the Supreme Court." House bill, No. 385, for "An act relating to justices of the peace in the city of Chicago.' House bill, No. 371, for "An act to enable counties, cities, townships, school districts and other municipal corporations to take up and cancel outstanding bonds and other evidences of indebtedness, and to fund the same." In the passage of which I am instructed to ask the concurrence of the Senate. Mr. Crawford offered the following amendment; which was adopted: Amend section 16, by adding the words, "or the first day of the term, when such day has not been fixed." Mr. Boyd moved to recommit the bill to the committee on judiciary. A division being called for, the question was decided in the affirmative-Yeas 16, Nays 16, the President voting in the affirmative-and The bill, Senate bill No. 121, was recommitted to the committee on judiciary. Mr. Strevell entered a motion to reconsider the vote by which the bill was recommitted; which motion was seconded. Mr. Bangs moved that the Senate adjourn until 2:30 o'clock P. M. It was decided in the negative, as follows: Those voting in the affirmative are, Messrs. Bangs, (Yeas...... 17 22 Messrs. Snapp, Van Dorston, Messrs. Hampton, Harlan, Holcomb, Jewett, Senter, Shephard, Messrs. Little, Messrs. Strevell, So the Senate refused to adjourn. The motion, entered by Mr. Strevell, to reconsider the vote by which Senate bill No. 121 was recommitted to the committee on judiciary, was taken up. And the question being upon reconsidering the vote, it was recon sidered. A message from the House of Representatives, by Mr. Hay. Mr. President: I am directed to inform the Senate that the House of Representatives has concurred with them in the passage of a bill of the following title, to-wit: Senate bill, No. 27, for "An act to authorize the city of Quincy to create the indebtedness referred to in the 24th section of the schedule of the constitution, to provide for payment thereof, and validating acts of said city relating thereto." The question then being upon recommitting the bill to the committee on judiciary, And the yeas and nays being demanded, It was decided in the negative, as follows: Those voting in the affirmative are, Hampton, So the Senate refused to recommit the bill. By consent, Senate bill No. 214 was taken up, and Yeas. It was decided in the affirmative, as follows: {as Those voting in the affirmative are, Messrs. Alexander, ..... ..... Messrs. Snapp, Bangs, Beveridge, Bishop, Bush, Crawford, Edsall, Holcomb, Messrs. Kerr, Marsh, Those voting in the negative are, Messrs. Boyd,. Donahue, Dore, Eddy, Epler, Flagg, So the Senate adjourned until 2:30 o'clock P. M. TWO AND A HALF O'CLOCK P. M. Senate met, pursuant to adjournment. Senter, The further consideration of Senate bill No. 121, was then resumed. Mr. Jewett offered the following amendment; which was adopted: Strike out the 22d section, and in place thereof insert as follows: "The distinction between the actions of trespass and trespass on the case, and hereby abolished, and in all cases where trespass or trespass on the case, have been heretofore the appropriate form of action, either of said forms may be used, as the party bringing the action may elect." Mr. Bishop offered the following amendment; which was adopted: Amend Senate bill No. 121, by inserting after section 11: "Section 11. It shall not be necessary hereafter, in any action of mandamus or quo warranto, to set out the cause of action in the writ, but it shall be sufficient to summon the defendant in a summons, in the usual form, commanding the dedendant to appear and answer the plaintiff in an action of mandamus or quo warranto, as the case may be, and the issuee shall be made up by answering, pleading or demurring to the petition, as in other cases." Mr. Langley offered the following amendment; which was lost: After the word "causes," in 2d line, insert "as well as granting motions in arrest of judgment, and motions for new trials." Mr. Kerr offered the following amendment; which was lost: Strike out section 66, and insert, "no citizen of this State shall, in any case, make any note, bond, bill or other obligation, upon which he or she may confess judgment." The bill was then ordered to be engrossed and printed for a third reading. Mr. Langley then called up his motion to reconsider the vote by which Senate bill No. 79, was lost. The question being on the motion to reconsider, It was decided in the affirmative, as follows: {Nays Those voting in the affirmative are, ....32 .11 Messrs. Solomon, Nicholson, Reddick, Shephard, Whiting, Wilkinson, Williams, Woodard. Snapp, So the Senate reconsidered the vote. A message from the House of Representatives, by Mr. Hay. Mr. President: I am directed to inform the Senate that the House of Representatives has adopted the following resolution, to-wit: Resolved by the House of Representatives, the Senate concurring herein, That a joint committee, consisting of three members of the House and two members of the Senate, be appointed, to ascertain what property, in addition to what the State now owns, it will be necessary to condemn for the use of the new State House what will be the probable damages therefor-and that said committee report to this General Assembly as early as practicable. In the adoption of which I am instructed to ask the concurrence of the Senate. Senate bill, No. 79, for "An act concerning dogs," It was decided in the affirmative, as follows: { Yeas........28 .14 |