the votes cast authorise the tax, the county commissioners shall cause the same to be levied and collected in the same manner as the annual tax, and if possible, at the same time. § 6. The county commissioners of each county, shall levy and collect annually, in addition to the amount necessary to meet the expenses for the current year, the amount equal to the interest of all the debts of the county, and fifteen per cent of the principal of all the county debts; and this amount shall be included with the annual tax, and collected therewith, and may be paid in county orders or warrants. This tax shall be considered a special sinking fund, and the county commissioners shall not draw upon the county treasurer for the same, or for any portion thereof. § 7. Every county commissioner shall give bond to the county, conditioned that he shall faithfully fulfill the duties of his office, and in the sum herein provided, viz: in counties wherein at the last general election preceding the commencement of his term of office, the maximum vote of the county, was over one hundred and less than two hundred, the bond shall be in the sum of two hundred dollars; in counties wherein the vote was over two hundred and less than four hundred, in the sum of five hundred dollars; in counties wherein the vote over four hundred and less than six hundred, in the sum of eight hundred dollars; in the counties wherein the vote was over six hundred and less than eight hundred, in the sum of twelve hundred dollars; in counties wherein the vote was over eight hundred and less than one thousand, in the sum of sixteen hundred dollars; in counties wherein the vote was over one thousand, in the sum of two thousand, and the bond shall be approved by, and filed with the judges of probate of the county. Commissioners heretofore elected, shall give bond on or before the first Monday of April next, and hereafter each commissioner shall give bond before entering upon the duties of the office: § 8. This act shall take effect and be in force from and after the first day of February next. Approved January 13th, 1860. AN ACT To exempt the homestead and certain articles of personal property from forced sale on execution. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That a homestead consisting of any quantity of land, not exceeding one hundred and sixty acres, and the dwelling house thereon and its appurtenances, to be selected by the owner thereof, and not included in any incorporated town, city or village; or instead thereof, at the option of the owner, a quantity of contiguous land, not exceeding in amount two lots, being within an incorporated town, city, or village, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of the territory, being the head of a family, shall not be subject to attachments, levy or sale, upon execution or any other process issuing out of any court within this territory, so long as the same shall be owned and occupied by the debtor as such homestead. This section shall be deemed and construed to exempt such homestead in the manner aforesaid during the time it shall be occupied by any one or more of the family of the debtor, or by the widow or minor child or children of any deceased person who was, when living, entitled to the benefit of this act. Provided that the homestead mansion and twenty acres of the land whereon the mansion is situate, and land adjoining the same to the extent of five hundred dollars in value, all being without an incorporated town, city or village, shall be exempted, and no more. § 2. Whenever a levy shall be made upon the lands or tenements of a householder being the head of a family, whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer of the time of making the levy of what he regards as his homestead, with a description thereof within the limits above prescribed, and the remainder alone shall be subject to sale under such levy. § 3. If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy shall cause the same to be surveyed and the excess over twenty acres to be appraised in the same manner provided by the general laws regulating appraisements, beginning the survey at a point to be designated by the owner, and set off in a compact form, including the dwelling house and its appurtenances, the amount specified in the first section of this act, and the expense of such survey and appraisements, shall be chargable on the execution and collected thereupon. § 4. After the survey shall have been made, the officer making the levy may sell the property levied upon and not included in the portion thus assigned, in the same manner as provided in other cases for the sale of real estate on execution, and in giving a deed of the same he may describe it according to his original levy, excepting therefrom by metes and bounds, according to the certificate of the survey, the quantity set off as aforesaid. § 5. Nothing in this act shall be considered as exempting any real estate from taxation or sale for taxes. § 6. No property hereinafter mentioned shall be liable to attachments, execution or sale on any final process issued from any court in this territory against any person being a resident of this territory and the head of a family: First. The family Bible. Second. Family pictures, school books and library for use of the family. Third. A seat or pew in any house or place of public worship. Fifth. All necessary wearing apparel of the debtor and his family. All beds, bedsteads and bedding necessary for the use of such family. All stoves and appendages put up or kept for the use of the debtor and his family, not to exceed four. All cooking utensils and all other house hold furniture, not herein enumerated, to be selected by the debtor, not exceeding one hundred dollars. Sixth. One cow, three hogs, and all pigs under six months old, and if the debtor be at the time actually engaged in the business of agricul ture, in addition to the above, one yoke of oxen, or a pair of horses in lieu thereof. Ten sheep, and the wool therefrom, either in the raw material or manufactured into yarn or cloth; the necessary food for the stock mentioned in this section, for the period of three months. One wagon, cart or dray; two plows and one drag; the necessary gearing for the team herein exempted, and other farming implements not exceeding fifty dollars in value. Seventh. The provisions for the debtor and his family necessary for six months' support, either provided or growing or both, and fuel necessary for six months. Eighth. The tools and instruments of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business. The library and implements of any professional man: all of which articles hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be. § 7. Nothing in this act shall be so construed as to exempt any property in this territory from execution or attachment for clerks', laborers', mechanics', or physicians' wages. § 8. An act to exempt a certain amount of property from forced sale, approved March 16th, 1855, and all other acts and parts of acts inconsistent with this act, are hereby repealed. Provided that the exemption granted by the provisions of the act herein repealed, shall still remain and be extended to all cases wherein the contract was made, or the liabilities incurred before the taking effect of this act. § 9. This act shall take effect and be in force from and after the first day of May, A. D. eighteen hundred and sixty. Approved January 13th, 1860. AN ACT To extend the jurisdiction of the district and probate courts. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the several district courts of the territory of Nebraska, in any of the organized counties thereof, shall have and exercise jurisdiction in all cases where the defendant resides in that portion of said territory which is unorganized, the same as if such defendant resided in the county where said court is held. § 2. That the property of any such defendant situate in such unorganized portion of said territory, shall be subject to the lien of any judgment rendered against him in any such cause, and shall also be liable to levy and sale on execution issued upon any such judgment, the same as if said property were situate in the county, in which such judgment was rendered. §3. That the probate courts of any of the organized counties of this territory shall have and exercise jurisdiction of the estate of any de cedent, whose property is wholly within the unorganized portions: thereof, the same in all respects as if such estate was within such county. § 4. That where any letters testamentary or of administration, have been or hereafter shall be granted by the probate courts of any organized county, upon the estate of such decedent, such letters testamentary or of administration, and all proceedings had thereon, shall be held to be valid in all respects, the same as if the property of such decedent was within the organized portions of said territory. § 5. That the sheriff of any county in this territory, shall have authority, and it shall be lawful for him in any case mentioned in this act to serve any summons, subpoena or other writ issued thereon, and directed to him, and for this purpose his authority shall be co-extensive with said territory. § 6. That all laws conflicting with this act, so far as they conflict with the provisions thereof, are hereby repealed, § 7. This act shall take effect and be in force from and after its passage. Approved January 13th, 1860. AN ACT To prevent trespassing on timber lands. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That if any person or persons knowingly or willfully enter upon the land of another, and remove therefrom any timber or wood, or willfully cut, injure or remove any timber, tree or shrub, on the land of another, or in the street or highway in front of another's cultivated ground, yard, or town lot, or on the public ground of any town or any land held by this territory, for any purpose whatsoever, or any burying ground, or any school land, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any justice of the peace of the proper county, shall be fined in any sum not less than thirty (30) dollars, nor more than one hundred (100) dollars, one-half of said fine to be paid into the school fund, and the other half to be paid to the informer. § 2. Any person found guilty of a misdemeanor, as defined by section one of this act, and fined by any justice of the peace, shall be imprisoned in the county jail until such fine be paid. § 3. If upon the trial of any person arrested under the provisions of this act, the defendant shall demand a trial by jury, the justice of the peace before whom such trial is being had, may issue a venire and proceed to impanel a jury to try said cause. § 4. That an act entitled "An act to prevent trespassing on timber lands," approved November 4th, 1858, be, and the same is hereby repealed. § 5. All suits pending under the provisions of the act hereby repealed shall be prosecuted to a final termination, and the fine collected in the same manner as though this act had never been passed. § 6. This act shall take effect and be in force from and after its passage. Approved January 13, 1860. AN ACT Defining the duties of the territorial librarian and for other purposes. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the territory of Nebraska shall furnish a room suitable for the territorial library, in which said library shall be kept: Provided that the territory shall pay no rent for said office. § 2. That it shall be the duty of the territorial librarian to keep said office open from the hours of 10 o'clock A. M., until 12 o'clock M., and from 2 o'clock P. M. until 4 o'clock P. M., on each day throughout the year, Sundays and holidays excepted. § 3. It shall be the duty of the territorial librarian to receive and transfer all books sent by other states or territories to the territorial library from the post office or other depot, to which they may have been consigned, and to properly label and store them in the library. § 4. The territorial librarian shall cause the receipt of each book made or other documents that may come into his possession to be acknowledged, and he shall keep a record of all books so received, and report the same as provided by law. § 5. It shall be the duty of the librarian to issue books upon the orders of the chief justice or either of the associate justices of the supreme court of the territory, or upon the order of the governor or secretary of the territory: Provided that in each case said justices, governor or secretary shall become responsible to the territory of Nebraska for the return of said books in as good order as when they may have been taken from the library. 6. The chief justice or either associate justice, the governor or secretary shall authorize the person who shall draw any books upon their order to receipt for them, in the name of the officer who gave the order, specifying the title and the value of said book or books, and if any damage has been done the book or books the librarian shall estimate the amount thereof, and if necessary recover the same by a civil process in the name of the territory of Nebraska. § 7. The salary of the territorial librarian shall be four hundred dollars per annum, to be paid quarterly by the warrant of the auditor upon the treasury. § 8. This act shall take effect and be in force from and after its passage, and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved January 13th, 1860. |