agent;

sixty days before such term, and in which also the answer shall be merely a denial, and the proof documentary.

SEO. 18. (Sec. 2907.) If the pleading be founded on Verification by a written instrument, for the payment of money only, and such instrument be in the possession of the agent or attorney, the affidavit may be made by such agent or attorney, so far as relates to the statement of the cause of action thereon; but, when relief is asked, other than a money judgment or decree of foreclosure, the affidavit averments show-must contain averments showing competency, as hereining competency. after provided.

Verification of exhibits.

SEC. 19. All exhibits referred to in the pleadings, the original of which are attached thereto, or are filed with the pleadings, may be introduced as evidence on the trial of equitable causes by the first method, without proof as to their genuineness, unless the same have been positively denied under oath.

SEC. 20. (Sec. 3007.) Except where otherwise proTrial at first term, vided, causes, including those brought to foreclose mortgages, and to enforce vendors' liens, shall be tried at the Mortgages and first term after due, legal, and timely service has been made, unless reasonable causes for continuance be shown.

vendors' liens.

be examined on

pending, or any judge, when.

SEC. 21. (Sec. 3189.) Whenever it appears by the Defendant may affidavit of the plaintiff, or by the return of the writ of oath before court attachment, that no property is known to the plaintiff or where action is the officer, on which the order of attachment can be executed, or not enough to satisfy the plaintiff's claim,and, it being shown to the judge of any court, by affidavit, that the defendant has property within the State not exempt from writ, the defendant may be required by such judge to attend before him, or before the court in which the action is pending, and give information on oath respecting his property.

person'l property

proceeds.

SEC. 22. (Sec. 3222.) When the sheriff thinks the Sheriff's sale of property attached in danger of serious and immediate without delay. waste and decay, or when the keeping of the same will necessarily be attend[ed[ with such expense as greatly to depreciate the amount of proceeds to be realized thereDepreciation of from, or when the plaintiff makes affidavit to that effect, the sheriff may summon three persons, having the qualifications of jurors, to examine the same. The sheriff shall give the defendant, if within the county, two clear days' notice of such hearing, and he may appear before such jury and have a personal hearing. If they are of the opinion that the property requires soon to be disposed of, they shall specify in writing a day beyond which they do not

deem it prudent that it should be kept in the hands of the sheriff. If such day occur before the trial day, he shall thereupon give the same notice as for goods in execution, and for the same length of time, unless the condition of the property renders a more immediate sale necessary. The sale shall be made accordingly. If the defendant give his written consent, such sale may be made without such finding of three men.

ments.

SEO. 23. (Sec. 3225.) In an action to enforce a Specific attachmortgage of, or a lien upon personal property, or for the recovery, sale, or partition of such property, or by a plaintiff having a future estate or interest therein, for the security of his rights, where it satisfactorily appears by the petition verified on oath or by affidavits or the proofs in the cause that the plaintiff has a just claim, and that the property has been or is about to be sold, concealed, or removed from the State, or where the plaintiff states on concealed, etc. oath that he has reasonable cause to believe, and does believe, unless prevented by the court, the property will be sold, concealed, or removed from the State, an attachment may be granted against the property.

Where property

has been sold,

be grant'd by any

to terms.

SEC. 24. (Sec. 3227.) The attachments in the cases Attachm❜nts may mentioned in the two last sections, may be granted by the judge, and concourt in which the action is brought, or by the judge of trolled by him as any court, upon such terms and conditions as to security on the part of the plaintiff, for the damages which may be occasioned by them, and with such directions as to the disposition to be made of the property attached as may be just and proper, under the circumstances of each case.

SEC. 25. That sub-division one of section 3232 of Rev.: §3232. Revision of 1860 be repealed, and there be enacted in lieu Proceeds of atthereof the following: 1. The money arising from the sales of attached prop- faction of judgerty.

tached property to apply in satis

ments,

ments and other

SEO. 26. (Sec. 3272.) Judgments, bank-bills, and oth- Levy on judger things in action, may be levied upon and sold, or ap- things in action. propriated as hereinafter provided, and assignments thereof by the officer shall have the same effect as if made by the defendant, and may be treated as so made.

of family exempt

SEC. 27. (Sec. 3305.) If the debtor is the head of property of head a family, there is further exempt, his homestead, as pro- from execution vided by law; one cow and calf, one horse, unless a horse enumerated, has been exempted for him under the last section; fifty sheep, and the wool thereon; five hogs, and all pigs under wool on fifty six month[s]; the necessary food for all animals exempt from sheep. execution for sixty days; all flax raised by the defendant

Flax from one on not exceeding one acre of ground, and the manufacacre of ground. tures therefrom; one bedstead and the necessary bedding

for every two in the family all cloth manufactured by the defendant, not exceeding one hundred yards in quantity; household and kitchen furniture, not exceeding one hundred dollars in value; all spinning-wheels and looms, and other instruments of domestic labor, kept for actual use; and the necessary provisions and fuel for the use of the family for six months. But no exemptions shall extend to propurchase money perty against an execution issued for the purchase-money thereof.

Executions for

of property.

favor of single

of families who

leave the State.

SEC. 28. (Sec. 3308.) None of the exemptions conExemptions in tained in this chapter are for the benefit of a single man men, non-resi- not the head of a family, nor of non-residents, nor of dents, and heads those heads of families who have started to leave this beve started to State, but their property is liable to execution, with the exception, in the two former cases, of ordinary wearingapparel, and trunks to contain the same; and in the latter case, of such wearing-apparel, with such property, in addition to such wearing-apparel, as the defendant may property in ad- select, not to exceed seventy-five dollars in value, to be dition to wearing selected by the debtor, and appraised according to the provisions of section 3220; but, any person coming into this State, with the intention of remaining, is a resident, within the meaning of this chapter.

$75.00 worth of

apparel.

Rev.: $3220.

SEC. 29. (Sec. 3323.) When a judgment has been When judgment obtained against the executor of one deceased, or against or decedent in his the decedent in his lifetime, which the personal estate of fied by personal the deceased is insufficient to satisfy, the plaintiff may

against executor,

life time unsatis

estate.

Petition.

file his petition in the office of the clerk of the court where the judgment is a lien, against the executor, the heirs and devisees of real estate (if such there be) setting forth the Real property. facts, and that there is real estate of the deceased within the State, describing its location and extent, and praying the court to award execution against the same.

SEC. 30. (Sec. 3332.) The defendant may redeem Redemption of such property at any time within one year from the day property sold on of sale, as hereinafter provided, and will in the meantime be entitled to the possession of the property. But in no None in case of action where the defendant has taken an appeal from the appeal or stay. circuit or district court, or stayed execution on the judgment, shall he be entitled to redeem.

new trial in ac

SEC. 31. (Sec. 3584.) The court, in its discretion, Application for may grant a new trial on the application of a party, or tions for real pro- those claiming under him, made at any time within one within one year, year after the determination of the former trial.

perty to be made

SEC. 32. (Sec. 3602.) When a person is in possession

of real property, or in case where no one is in possession, Action to quiet an action may be brought, by any one claiming title, to title may be bro't quiet such title. Such claimant must file his petition ing title. under oath, setting forth the nature and extent of his Petition. estate, and describing the premises as accurately as may be, and averring that he is credibly informed and believes that the defendant makes some claim adverse to the estate of the petitioner, and praying for the establishment of the plaintiff's estate against such adverse claims, and that the defendant be barred and forever estopped from having or claiming any right or title to the premises, adverse to the plaintiff. The notice in such action shall accurately de- Requisites and scribe the property and in general terms the nature and Default. extent of plaintiff's claim, and shall be personally served on the defendant if he is a resident of the State; otherwise such notice may be served by publication as in ordinary actions. If defendant make default the court shall Trial and judgrender judgment in accordance with the prayer of the petition. But defendant may plead to such action as in actions commenced in ordinary proceedings, and the court shall proceed to try and determine the same and render judgment accordingly.

service of notice.

ment.

SEC. 33. (Sec. 3603.) If the defendant shall appear and disclaim all right and title adverse to the plaintiff, he Disclaimer. shall recover his costs.

depositions.

When invalid.

SEC. 34. (Sec. 4066.) Reasonable notice of the name Notice to take of a witness, and the time and place when and where the same will be taken, must be given to the opposite party; but if notices are given in the same case by the same party, and of the taking of depositions at different places Depositions not upon the same day, they shall be invalid; and no party required on elecshall be required to take depositions on the day of general fourth. election, or on the fourth day of July.

tion day, or July

vision repealed; what rights not

SEC. 35. Sections 2742, 2773, and 2775 are hereby Sectious of Rerepealed; Provided, that the repeal of section 2742 shall not affect the rights of parties in actions pending at the affected. time of the passage of this act.

SEC. 36. This act, being deemed by the General As- Taking effect. sembly of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Statesman, newspapers published at Des Moines, Iowa.

Approved, April 16, 1870.

I hereby certify that the foregoing act was published in The Des Moines Daily Statesman, April 28, 1870, and in the Daily Iowa State Register, April 29, 1870.

ED WRIGHT, Secretary of State.

APRIL 16.

ple.

CHAPTER 168.

CONSTITUTIONAL CONVENTION.

AN ACT to Provide for the Submission of the Question of calling a
Constitutional Convention to the qualified Electors of Iowa.

SECTION 1. Be it enacted by the General Assembly of Question to be the State of Iowa, That at the general election to be embmitted to peo- held in the year one thousand eight hundred and seventy, there shall be, and hereby is, submitted to the electors of this State, qualified to vote for members of the General Assembly, the question, "Shall there be a convention to revise the constitution and amend the same?" and it shall be the duty of the Governor to set forth the question and submission thereof in his proclamation of such election.

Ballot.

SEC. 2. Those electors voting in favor of the question, shall have written or printed on their ballots the words, "For a convention to revise the constitution and amend the same;" those electors voting against the question submitted, shall have written or printed on their ballots the words, "Against a convention to revise the constitution and amend the same."

SEC. 3. The votes cast for and against the question of Canvass of votes. the calling of the convention, in the manner aforesaid, shall be canvassed and returned in all respects as the vote for the office of Secretary of State is canvassed and returned, except that the result shall be certified in duplicate by the Board of State Canvassers, one certificate being deposited in the office of the Secretary of State and the others in the office of the Governor.

Duplicate certifi

cate.

ble, duty of Gov

ernor.

SEC. 4. In case a majority of the electors qualified as If vote is favora- aforesaid voting at such election for and against such proposition, shall decide in favor of a convention for the purposes herein provided, it shall be the duty of the Governor to report such result to the General Assembly at its next session.

Approved, April 16, 1870.