Senator Bishop offered the following amendment.

Insert after the word "farm," in the first line of section 1 as amended, the words, "or suburban."

Adopted.

Senator Harper offered the following amendment:

Amend section 1 of the bill by adding thereto after the last word the following: "Provided, that in case it shall appear upon the trial of any suit upon an insurance policy that the actual cash value of the property destroyed or damaged shall be less than the amount named in the policy, that in such event the assured shall not recover any greater amount than three-fourths of the actual cash value of the property, and that there shall be entered up against the defendant a judgment in favor of the school fund for an amount equal to the difference between such threefourths of the actual cash value of the property and the amount named in the policy."

Lost.

Senator Jamison offered the following amendment:

Amend section 1 by adding after "policy" in the eighth line the following: Provided, That the company, if it so elect, rebuild or replace the property destroyed with other property of equal value and goodness, and similar in all respects so far as practicable to the property destroyed. The assured or his assigns shall pay to the company so rebuilding the same the difference between the actual cash value of the property destroyed and that built by the company. Such difference in value, in the absence of an agreement between the parties, shall be ascertained by arbitrators, the assured and the company each choosing one and these two choosing a third. The decision in writing of any two of them shall be conclusive and binding on both parties as to the difference in value of such property only.

Before commencing to rebuild or replace the property destroyed the insurance company may require the assured or claimant to furnish it with a good and sufficient bond with sureties to be approved by the clerk of the district court of the county in which the loss occurs, in a penalty equal to the amount of the insurance, conditioned that the assured or claimant will pay the insurance company the difference between the actual cash value of the property destroyed and that built by the company to replace the same.

In order to avail itself of the conditions of this section, the insurance company shall notify the assured or claimant within sixty (60) days after the loss occurs, of its intention to rebuild or replace the property destroyed. In order for the assured or claimant to avail himself of this section, he shall, within thirty days after service upon him of said written notice, give to the said company or association, the bond as herein before provided.

If for thirty days after service of the notice by the company of its electio nto rebuild or replace the property, the assured or claimant neglects or fails to furnish to the company the bond as herein before provided, he shall not be entitled to avail himself of any of the provisions of this section, or of the valued policy law so called.

Senator Waterman offered the following amendment to the amendment:

Amend amendment by striking out all after the word "destroyed," in the fourth line.

Upon this the yeas and nays were demanded.

On the question, "Shall the amendment to the amendment prevail?" the yeas were:

Senators Baldwin, Bishop, Boardman, Carpenter, Chantry, Cheshire, Dent, Ellis, Finn, Garst, Harmon, Harper, Henderson, Jewett, Lehfeldt, Lewis, Mattoon, Penrose, Perrin, Rea, Rowen, Waterman -22.

The nays were:

Senators Andrews, Craig, Downey, Eaton, Everall, Gorrell, Groneweg, Harsh, Hipwell, Hurst, Jamison, Kelly, Kilburn, Oleson, Palmer, Perry, Phelps, Riggen, Turner, Vale, Yeomans-21.

-7.

Absent or not voting:

Senators Brower, Conaway, Funk, Green, Reynolds, Terry, Upton

Senator Bishop offered the following amendment to the amend

ment:

Add after the last amendment, "When so stipulated in the policy."

Adopted.

The question being upon the adoption of the amendment offered by Senator Jamison.

Upon this the yeas and nays were demanded.

On the question, "Shall the amendment be adopted?" the yeas

were:

Senators Bishop, Boardman, Carpenter, Cheshire, Conaway, Dent, Ellis, Finn, Garst, Harmon, Harper, Henderson, Jamison, Kilburn, Lehfeldt, Lewis, Mattoon, Penrose, Perrin, Rea, Rowen, Turner, Upton, Waterman-24.

The nays were:

Senators Andrews, Chantry, Craig, Downey, Eaton, Everall, Gorrell, Groneweg, Harsh, Hipwell, Hurst, Jewett, Kelly, Oleson, Palmer, Perry, Phelps, Reynolds, Riggen, Vale, Yeomans-21.

Absent or not voting:

Senators Baldwin, Brower, Funk, Green, Terry-5.

So the amendment was adopted.

Senator Jamison offered the following amendment:

Amend by adding after section 1, the following: "And when the building is so constructed the same shall be accepted in full consideration of the loss by the insured."

Senator Groneweg moved that the amendment be laid on the table. Carried.

The President announced that the tabling of the amendment carried the bill to the table with it.

Senator Dent moved that House messages be taken up for consideration.

Carried.

HOUSE MESSAGES.

Senator Harper moved that the Senate concur in House amendments to Senate file No. 194, a bill for an act to amend section 464 of the Code of Iowa, in reference to the establishment and maintenance of free public libraries.

On the question, "Shall the Senate concur in the House amendments?" the yeas were:

Senators Andrews, Baldwin, Bishop, Boardman, Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Eaton, Finn, Funk, Groneweg, Harmon, Harper, Harsh, Hipwell, Jewett, Kelly, Kilburn, Lehfeldt, Lewis, Oleson, Palmer, Penrose, Perrin, Phelps, Rea, Reynolds, Riggen, Rowen, Turner, Upton, Vale, Waterman-37.

The nays were:

None.

Absent or not voting:

Senators Brower, Ellis, Everall, Garst, Gorrell, Green, Henderson, Hurst, Jamison, Mattoon, Perry, Terry, Yeomans-13.

So the Senate concurred in the House amendments.

Senator Cheshire moved that the Senate concur in House amendments to Senate file No. 414, a bill for an act to legalize the annexation of territory to certain cities.

On the question, "Shall the Senate concur in House amendment?"

the yeas were:

Senators Andrews, Baldwin, Carpenter, Cheshire, Conaway, Craig, Dent, Downey, Ellis, Everall, Funk, Gorrell, Groneweg, Harmon, Harper, Harsh, Henderson, Hipwell, Jewett, Lehfeldt, Lewis, Oleson, Penrose, Perrin, Perry, Rea, Reynolds, Riggen, Rowen, Turner, Upton, Vale-32.

The pays were:
None.

Absent or not voting:

Senators Bishop, Boardman, Brower, Chantry, Eaton, Finn, Garst, Green, Hurst, Jamison, Kelly, Kilburn, Mattoon, Palmer, Phelps,

Terry, Waterman, Yeomans-18.

So the Senate concurred in House amendments.

Senator Ellis moved that the Senate concur in House amendments to Senate file No. 411, a bill for an act to legalize certain acts of the board of supervisors of Clinton county in relation to the levy of taxes. On the question, "Shall the Senate concur in House amendments?" the yeas were:

Senators Andrews, Baldwin, Bishop, Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Ellis, Everall, Funk, Garst, Gorrell, Groneweg, Harmon, Harper, Harsh, Henderson, Jamison, Jewett, Kelly, Lehfeldt, Lewis, Oleson, Palmer, Penrose, Perrin, Perry, Phelps, Rea, Reynolds, Riggen, Rowen, Turner, Upton, Vale, Waterman-39.

The nays were:

None.

Absent or not voting:

Senators Boardman, Brower, Eaton, Finn, Green, Hipwell, Hurst, Kilburn, Mattoon, Terry, Yeomans-11.

So the Senate concurred in House amendments.

House file No. 596, a bill for an act to legalize the official acts of of the town council and ordinances of the incorporated town of Correctionville, Iowa, was read first and second times and referred to Sifting Committee.

House file No. 635, a bill for an act to legalize the official acts of Thomas White, a notary public of Mahaska county, Iowa, was read first and second times and referred to Sifting Committee.

House file No. 631, a bill for an act to legalize conveyances of real property by executors or trustees under foreign wills, was read first and second times.

Senator Dent moved that the rule be suspended, and the bill be read a third time now which motion prevailed, and the bill was read a third time.

On the question, "Shall the bill pass?" the yeas were:

Senators Andrews, Baldwin, Bishop, Boardman, Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Eaton, Ellis, Everall, Funk, Gorrell, Groneweg, Harmon, Harper, Harsh, Henderson, Hipwell, Jamison, Jewett, Kelly, Kilburn, Lehfeldt, Lewis, Oleson, Palmer, Penrose, Perrin, Perry, Rea, Reynolds, Riggen, Rowen, Turner, Upton, Vale-40.

The nays were:

None.

Absent or not voting:

Senators Brower, Finn, Garst, Green, Hurst, Mattoon, Phelps, Terry, Waterman, Yeomans-10.

So the bill passed and the title was agreed to.

House file No. 625, a bill for an act to legalize the ordinances of the incorporated town of Bode, Humboldt county, Iowa, and all proceedings of the council thereunder, was referred to Sifting Committee.

House file No. 642, a bill for an act to legalize the acts of Lewis Larson in qualifying director of the Independent district of Forest City, in the county of Winnebago, Iowa, was read first and second times and referred to Sifting Committee.

House file No. 645, a bill for an act for the relief of the grantees of Reuben Mathews, and to have patent issue to him for a certain tract of land, was read first and second times.

House file No. 643, a bill for an act to legalize certain conveyances made to the Congregational Society of Iowa City and acts done by it before its incorporation, was read first and second times.

Senator Kelly moved that House file No. 643 be taken up for consideration now.

Carried.

Senator Kelly moved that the rule be suspended and the bill be read a third time now, which motion prevailed, and the bill was read a third time.

On the question, "Shall the bill pass?" the yeas were:

Senators Baldwin, Boardman, Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Eaton, Ellis, Everall, Funk, Garst, Gorrell, Groneweg, Harmon, Harper, Harsh, Henderson, Hipwell, Jamison, Jewett, Kelly, Kilburn, Lehfeldt, Lewis, Oleson, Palmer, Penrose, Perrin, Perry, Phelps, Rea, Reynolds, Riggen, Rowen, Turner, Upton, Vale, Waterman-41.

The nays were:

None.

Absent or not voting:

Senators Andrews, Bishop, Brower, Finn, Green, Hurst, Mattoon, Terry, Yeomans-9.

So the bill passed and the title was agreed to.

Senator Perry moved that House file No. 645 be taken up for sideration now.

Carried.

con

Senator Perry moved that the rule be suspended, and the bill be read a third time now, which motion prevailed, and the bill was read a third time.

On the question, "Shall the bill pass?" the yeas were:

Senators Andrews, Baldwin, Bishop, Boardman. Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Eaton, Ellis, Everall, Finn, Funk, Garst, Gorrell, Groneweg, Harmon, Harper, Harsh, Henderson, Hipwell, Jamison, Jewett, Kelly, Lehfeldt, Lewis,