AFTERNOON SESSION.
On motion by Mr. CHAPMAN, the House amendments to the bill [S. 86--see page 51 of these reports] appropriating $16,990.71 to minute men serving in the the late War were read and concurred in.
LEGALIZING ACTS OF NOTARIES.
Mr. Hostetter bill [S. 209] to legalize the acts of Notaries Public whose commissions had expired or were ineligible to office being read the third time--
Mr, HOSTETTFR said this was a bill simply to legalize the acts of Notaries Public performed after their terms of office had expired, or the acts of those improperly appointed. He hoped the bill would pass.
The bill passed the Senate by yeas, 85; nays, 0.
JUNIOR IMCUMBRANCES--LIMITATION.
Mr. Chapman's bill [S. 174] limiting the time for redemption by junior incumbrances from sales upon forclosure of mortgages in certain cases being read the third time--
Mr. CHAPMAN said the bill proposes to limit the right of redemption in favor of junior incumbrances to five years where not cut off by decree. There is a provision giving two years in addition in certain cases, and to those who labor under any disability. It is a statute of limitation against junior incumbrancers who have not been made party to the decree. As the statute now stands it is a question whether in such cases the junior imcumbrance has fifteen or twenty years. He did not think the bill was inequitable in any particular, and believed all rights are saved for a period sufficient for the exercise of the right of redemption if it is to be exercised at all.
Mr. MENZIES objected to the bill--it might extend for five years the time of those now restricted to one year--indeed, that seems to be its inevitable effect.
Mr. TRAYLOR was satisfied there is no use of this bill becoming a law, unless some lawyer has failed to make a junior lien-holder a party to a suit.
Mr. BELL thought there could not be anything in some objections made to this bill. It is only a question of policy or propriety whether these lien-holders shall have five, fifteen or twenty years in which to redeem; and that is about the only question in the bill.
Mr. HENRY opposed the passage of this bill. The length of time proposed is too short. It only applies where the junior incumbrancer has had no notice, etc. Under the present law the sale does not affect the junior incumbrancer, and his right may have been barred before the sale.
Mr. CHAPMAN challenged anyone to find good and substantial reasons why a junior incumbrancer should have a term of twenty years in which to redeem property from sale. Instead of extraordinary solicitude in behalf of that class, such solicitude rather should be shown to those whose ownership is open, disclosed, above, and page: 254[View Page 254] who have entered into possession of the property which they have been improvng and making more valuable to themselves and to society. He moved to recommit the bill, with instructions, so as to give two years in all cases after the passage of this act within which junior incumbrancers may have the right to redeem.
Mr. BROWN opposed the bill, and considered it open to the objections named. Case may occur where an undue and unjust advantage can be taken under it.
Mr. CHAPMAN regarded the criticisms as to acquired rights as wholly unjust.
The motion to recommit was agreed to by yeas, 20; nays, 16.
PROTECTION OF PUBLIC LIBRARIES.
Mr. Henry's [S. 103] to protect books, magazines and other property of Public Libraries against mutilation or defacement, being read the third time--
Mr. HENRY said: The bill makes a violation of its provisions a misdemeanor.
Mr. FOSTER thought the bill a good one. Something ought to be done to prevent the mutilation of books in Public Libraries.
The bill passed by yeas, 33; nays, 4.
Mr. MENZIES moved to reconsider the vote just taken, because this bill brings a crime into existence in the twinkling of an eye, so to speak. It is against an unbroken line of precedents and customs. No matter how grave the offense, it is an outrage and a wrong to have statutes creating a crime go into effect witout notice.
Mr. HENRY replied that the bill requires two copies thereof to be posted in conspicuous places in each Public Library, which would give ample notice.
Mr. BROWN--The posting of the notice does not relieve the bill of the objection. There is no need of the law, though in absence of the emergency clause he would vote for the bill.
On motion by Mr. HENRY, the motion to reconsider was laid on the table--yeas, 22; nays, 12.
PARTITION OF REAL ESTATE.
Mr. Menzie's bill [S. 156--see page 151 of these Reports] concerning the partition of land coming up--
Mr. MENZIES said the Committee had struck out some matter objected to when the bill was read the third time. It is a good bill and one that ought to pass.
The bill was passed by yeas, 29; nays, 5.
CREEKS AND HARBORS.
On motion by Mr. POINDEXTER, the House amendments to his bill [S. 32--see page 85, second column] to amend Section 2 of the voluntary association act, approved February 12, 1855, were read and concurred in.
DRAINAGE COMMISSIONERS.
Mr. Henry's bill [S. 214] concerning drainage being read the third time--
Mr. HENRY said the bill was prepared by Judge Frazier, of the Revision Commission, then referred to the Committee on Revision, and then amended as recommended by the Committee on Swamp Lands. It provides for the appoinment by the Circuit Court of three Commissioners of Drainage, to erve for a term of three years. The bill is well guarded, and is as perfect as any bill of this kind he had ever seen. All expense is paid out of the lands, except the first view.
Mr. WOOD had examined this bill very carefully, and believed it as near perfect as any bill he had ever read on the subject.
The bill passed by yeas, 28; nays, 9.
The the Senate adjourned till to-morrow.
