Distribution of journals. Compensation to secretary and clerk. Repealing clause. Exchange of public documents. Unlawful to propriation. Proviso: Indebtedness support fund. The bound copies as provided for the bound documents in section three hereof, with an additional number of twenty-five copies to the secretary and clerk respectively; of the unbound copies, two to be sent to each member of the house to which such journal pertains, and one to be sent to each member of the other house, and one to each reporter and employe of the general assembly. The undistributed number shall be placed under the control of the executive council. SEC. 8. As a compensation for the services herein required, the secretary and clerk shall each receive six hundred dollars to be paid out of the state treasury, one-half of which shall be allowed and paid when the copy is furnished to the state printer, and the transcribed journal filed in the office of the secretary of state, and the remainder when the secretary and clerk shall have certified under oath, that they have distributed the journals according to the provisions of this act. SEC. 9. Sections one hundred and twenty-five, one hundred and twenty-nine, one hundred and thirty, and eighteen hundred and ninety-eight, the last sentence of section sixteen hundred and ten, and all other sections, and parts of sections of the code inconsistent herewith, are hereby repealed, and the words "annually on or before the first day of January," are stricken from the third sub-division of section one thousand and fifty-six of the code. SEC. 10. Public documents, including reports of the supreme court, will be sent to the congressional library, the governments of the Dominion of Canada and Newfoundland, and any other governments which shall be found willing to reciprocate. OFFICERS OF STATE INSTITUTIONS. [Seventeenth General Assemby, Chapter 67.] SEC. 1 It shall be unlawful for any trustee, superintendent, contract debt warden, or other officer, of any of the educational, penal, or charbeyond apitable institutions of this state to contract any indebtedness against said institutions, or the state, in excess of the appropriation made for said institution; provided, That nothing herein contained on account of shall prevent the incurring of an indebtedness on account of support funds for state institutions upon the prior written direction of the executive council specifying the items and amount of such indebtedness to be increased and the necessity therefor. SEC. 2. It shall be unlawful for any superintendent, warden, trustee, or other officer of any of the institutions mentioned in section one of this act to divert any money that has been or may be appropriated for the use of said institutions to any other purpose than the specific purpose named therefor in the act appropriating the same. Money not to be diverted from specific purpose of ap propriation. Penalty for violating 21 and 2. SEC. 3. Any person violating any of the provisions of sections one and two of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment. [Seventeenth General Assembly, Chapter 144.] No officer plies. SEC. 1. It shall be unlawful for any trustee, warden, superin-hall be intertendent, steward, or any other officer of any educational, penal, ested in furcharitable, or reformatory institution, supported in whole or in nishing suppart by the state, to be interested directly or indirectly in any contract to furnish or in furnishing provisions, material, or supplies of any kind, to or for the institution of which he is an officer; and it shall be unlawful for any such trustee, warden, superintendent, steward, or other officer, directly or indirectly, to receive in money or other valuable thing any commission, percentage, discount, or rebate on any provision, material, or supplies furnished for or to any institution of which he is an officer. And it shall be unlawful for any such trustee, warden, superintendent, steward, or other officer of any state institution to be directly or indirectly interested in any contract with the state to build, repair, tract to build, or furnish any institution of which he may be an officer. Or any con &c. SEC. 2. Any person violating the provisions of section one of this Penalty. act shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than one hundred dollars, nor more than one thousand dollars, in the discretion of the court, or imprisoned in the county jail not exceeding one year, or both, such fine and imprisonment in the discretion of the court. TITLE III. OF THE JUDICIAL DEPARTMENT. Place of holding. CHAPTER 1. OF THE ORGANIZATION OF THE SUPREME COURT. [See Const., Art. 5.] SECTION 133. The supreme court shall be held at the seat of R. 2623, 2640. government, at the city of Davenport in the county of Scott, the 12 G. A. ch. 27, city of Dubuque in the county of Dubuque, and at the city of Council Bluffs in the county of Pottawattamie. 21. Time. R. 22624, 2640, SEC. 134. There shall be two terms a year held at each place; at the seat of government, on the first Monday in June and De14 G. A. ch. 37, cember; at Davenport, on the first Monday in April and October; at Dubuque, on the third Monday in April and October; and at Council Bluffs, on the third Monday in March and September. 81. Causes: where taken. R. 2642, 2643, 4: ch. 65. ch. 37, 3, 4; ch. 70. SEC. 135. Except otherwise provided, all appeals must be taken to the terms at the seat of government; but from the coun12 G. A. ch. 14, ties of Clinton, Scott, Johnson, Iowa, Cedar, Muscatine, Louisa 127,83, and Washington, appeals shall be taken to Davenport; from the 13 G. A. ch. 42. counties of Allamakee, Bremer, Butler, Blackhawk, Buchanan, Clayton, Chickasaw, Delaware, Dubuque, Floyd, Winneshiek, Mitchell, Grundy, Fayette, Jones, Linn, Benton, Howard and Jackson, to Dubuque ; and from the counties of Fremont, Page, Taylor, Ringgold, Union, Adams, Montgomery, Mills, Pottawattamie, Cass, Shelby, Harrison, Monona, Crawford, Woodbury, Ida and Plymouth, to Council Bluffs. With the consent of the appellee expressed in writing on the notice of appeal, causes may be taken from any county to either place where it is provided the court shall be held. When heard. R. 22641. 82. [As amended by 16th G. A., ch. 76.] SEC. 136. All causes on the docket shall be heard at each term 12 G. A. ch. 27, unless continued for cause, and all causes thus continued shall be heard at the next term of each court unless transferred by agreement of parties to some other place named in section one hundred and thirty-three of this chapter. Sheriff.' C. '51, 1547. Expenses. C. '51, 1548. SEC. 137. The sheriff of the county where the court is held, or his deputy, must attend upon the court. SEC. 138. All bills for contingent expenses shall contain the 13 G. A. ch. 122, items thereof, and shall be certified to as correct by the chief 29. justice before being audited. SEC. 139. The presence of three judges is necessary for the 10 G. A. ch. 23, transaction of business, but one alone may adjourn from day to day, or to a particular day, or until the next term. 24. R. 22628. SEC. 140. When the court is equally divided in opinion, the Divided court. judgment of the court below shall stand affirmed, but the decision c. 51, 1552. is of no further force or authority. The court has however the same grant a re-hearing: Zeigler v. Vance, power in such case as in any other to 3-528. 10 G. A. ch. 23, 25. R. 2625. SEC. 141. If all the judges fail to attend on the first day of the Failure to atterm, the clerk must enter the fact on record, and the court shall tend. stand adjourned until the next day, and so on until the fourth C. 51, 1553. day; then, if none of the judges appear, the court shall stand adjourned until the next term. tinued. SEC. 142. No process or proceeding shall in any manner be stand conaffected by an adjournment or failure to hold court, but all shall R. 7 2630. stand continued to the next term, without any special order to C. 51, 1554. that effect. R. 2636, 2737. SEC. 143. The opinions of the court, and those of any judge Opinions filed. dissenting therefrom, on all questions reviewed on appeal, as well C. '51, 1500-1 as such motions, collateral questions, and points of practice as such court may think of sufficient importance, shall be reduced to writing and filed with the clerk. [Construed, Baker v. Kerr, 13-384.] Records show. SEC. 144. The records and reports must in all cases show C. '51, § 1562. whether a decision was made by a full bench, and whether either, and if so, which of the judges dissented from the decision. SEC. 145. If the decision, in the judgment of the court, is not of sufficient general importance to be published, it shall be so designated, in which case it shall not be included in the reports, and no case shall be reported except by order of the full bench. NUMBER OF JUDGES. [Sixteenth General Assembly, Chapter 7.] SEC. 1 Hereafter the supreme court shall consist of five judges, three of whom shall constitute a quorum to hold court. [Sec. 2 provides for the election of the additional judge; see § 582.] Reports: what incinded. CHAPTER 2. OF THE CLERK OF THE SUPREME COURT. R. 32647, 2618. SECTION 146. The office of the clerk of the supreme court shall office: duty. be kept at the seat of government, and he shall keep a complete c. 31, 1561. record of all proceedings of the court. ions. SEC. 147. He must not allow any written opinion of the court Control opinto be removed from his office except by the reporter, but shall R.2619. permit any one to examine or copy the same, and shall, when re- C. 51, § 1565. quired, make a copy and certify to the same. cision. SEC. 148. He shall promptly announce by letter any decision Announce derendered to one of the attorneys of each side, when such attorneys R. 2650. are not in attendance at the place of court. C. '51, 1565. SEC. 149. He shall record every opinion rendered by the court Make record. as soon as filed, and shall perform all the duties pertaining to his R. 2651 office. C. '51, 1565. Appear for the state. Written opinions: when given. R. 125. Pay money. Office: keep record. R. 127, 130, 131. CHAPTER 3. OF THE ATTORNEY-GENERAL. SECTION 150. The attorney-general shall attend in person at the seat of government during the session of the general assembly and supreme court, and appear for the state, prosecute and defend all actions and proceedings, civil and criminal, in which the state shall be a party or interested, when requested to do so by the governor, executive council, or general assembly, and shall prosecute and defend for the state all causes in the supreme court in which the state is a party or interested. SEC. 151. When requested, he shall give his opinion in writing upon all questions of law submitted to him by the general assembly or either house thereof, governor, lieutenant-governor, auditor, secretary of state, treasurer, superintendent of public instruction, register of the state land office, executive council, and district attorneys. He shall, when required, prepare drafts for contracts, forms, and other writings, which may be required for the use of the state, and shall report to the general assembly, when requested, upon any business pretaining to his office. SEC. 152. All moneys received by him belonging to the people of the state, or received in his official capacity, shall be paid into the state treasury. SEC. 153. The executive council shall furnish him a suitable office at the seat of government. He shall keep in proper books, a record of all official opinions, and a register of all actions prosecuted and defended by him, and of all proceedings had in relation thereto, which books shall be delivered to his successor. Opinion taken. 10 G. A. ch. 22, 23. Copyright. CHAPTER 4. OF THE SUPREME COURT REPORTER. SECTION 154. When the opinions filed at any term of the supreme court are recorded by the clerk, the reporter may take and retain the same for a period not exceeding four months to prepare a report therefrom, but within such time they shall be returned to and remain in the office of such clerk. [Sec's 155,156 and 157 repealed; see act inserted following § 160.] SEC. 158. The copyright of all reports prepared or published after the first day of January, A. D. 1875, shall be the property of the state. But the reporter shall own the copyright of all reports published before that time, and the supreme court may order the publication of a new edition of any volume of which the copyright is owned by the reporter when the public interest requires it, and may require compliance therewith within six months by an |