AN ACT

To encourage agricultural pursuits in the territory of Nebraska.

SEC, 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That for the purpose of aiding agricultural pursuits in this territory, the sum of three hundred dollars be, and is hereby appropriated out of the territorial treasury, and annually hereafter, subject to the order of the president and secretary of the territorial board of agriculture. Said amount to be used in the payment of premiums awarded by said board in the various branches of agriculture, and for no other purpose.

§ 2. That should the board fail any year to offer and award premiums for the encouragement of agricultural pursuits, then the benefits of this act shall not be available that year.

§ 3. This act to take effect and be in force from and after its passage.

Approved January 12th, 1860.

AN ACT

To provide for making an enumeration of the unmarried white youth of Nebraska territory, between the ages of five and twenty-one years.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the directors of each district and sub-district which may be organized according to the provisions of an act entitled "An act to amend an act entitled an act to provide for the better regulation of schools in Nebraska," passed at the present session of the legislature, shall make out and transmit to the township clerk of their respective townships by the third Monday in March, 1860, a list of the names of all the unmarried white youth of their respective districts or sub-districts, between the ages of five and twenty-one years.

§ 2. The several township clerks shall report the same to the county clerks of their respective counties on or before the first Monday of April, A. D. 1860, and the several county clerks shall transmit the enumeration of scholars reported to them by the several township clerks of their respective counties to the territorial school commissioner at Omaha, on or before the second Monday of April, A. D. 1860.

§ 3. The territorial school commissioner shall, on or before the first Monday of June, A. D. 1860, apportion the school fund among the several counties of this territory, according to the enumeration of scholars transmitted to him by the several county clerks as provided in section two of this act.

§ 4. The act shall not be so construed as to affect the apportionment of money arising from taxes hereafter to be levied; but shall apply oslely to the taxes levied for the year 1859, and the school funds which

are now in the hands of the several county treasurers, and the territorial treasurer, or school commissioner.

§ 5. This act shall take effect and be in force from and after its passage.

Approved January 13th, 1860.

AN ACT

To provide a penalty for assault and battery, and to confer jurisdiction in such cases upon justices of the peace.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That if any person or persons shall be guilty of an assault, or of an assault and battery, or of an affray by fighting or beating at fisticuffs, such person or persons shall upon conviction before any justice of the peace of the county in which the offence may be committed, be fined in any sum not more than one hundred and not less than five dollars, or imprisoned in the county jail of the county not more than ten days, at the discretion of the justice.

§ 2. Upon complaint being made against any person or persons for either of the offences in the preceding section named, it shall be the duty of the justice of the peace before whom such complaint is made to issue his warrant for the arrest of the person or persons so charged as provided by section 208 of the Criminal Code, and the justice of the peace before whom the person or persons so charged may be brought shall thereupon proceed to hear the proofs, and if upon all the testimony, he shall find the accused to be guilty of the offence so charged, the said justice shall pass such sentence as the circumstances may require within the limitations prescribed in the first section of this act.

§ 3. When sentence shall be passed in pursuance of this act, the justice of the peace shall render judgment for the costs of prosecution, and for the fine, if any, which may be assessed in the name of the territory, and thereon issue execution for the collection of the same as in civil cases, or he may in his discretion direct that the person convicted shall be committed to jail until the fine and costs be paid.

§ 4. An appeal shall be allowed to the defendant to the district court upon entering into bond with good and sufficient sureties, to be approved by the justice, in the sum equal to double the amount of the fine and costs, and in no case to be less than one hundred dollars, conditioned that the defendant will appear at the next term of the district court and abide the judgment of the court therein, and pay any fine and costs which may be adjudged against him, and thereupon all further proceedings before the justice shall be suspended and he shall certify his proceedings to the district court in the same manner as may be required in civil cases.

§ 5. In all cases of appeal, as provided for in the last section, the clerk of the district court shall, upon receiving the transcript of the proceedings before the justice, enter the case in the calender of criminal cases, and thereupon the same course shall be pursued as in other

criminal cases begun by indictment in said court, except that no indictment or plea shall be necessary, and the court shall thereupon have the same power upon trial and conviction to pass sentence within the limitations prescribed in the first section of this act as is herein conferred originally upon justices of the peace.

§ 6. Before issuing any warrant under this act the justice before whom complaint may be made, may in his discretion require such complainant to acknowledge himself responsible for costs in case the complaint shall be dismissed, which acknowledgment shall be entered on the docket of the justice; and in case the justice shall consider such complainant irresponsible, such justice may in his discretion refuse to issue any warrant unless the complainant shall in addition procure some responsible security for such costs, to the satisfaction of such justice, in case of such dismissal, and said security shall acknowledge himself so bound by endorsement upon the warrant, which acknowledgment shall be entered also on the docket of the justice, and in case of a dismissal of such complaint the justice shall render judgment against such complaint for the costs made thereon, unless the justice shall be of opinion that the complainant had reasonable grounds for instituting such prosecution; provided however, that in no case of a prosecution instituted under this act shall the costs be paid out of the territorial or county treasury.

§ 7. All fines imposed by virtue of this act shall when collected, be paid into the county treasury for the benefit of the school fund.

§ 8. Each and every justice of the peace shall on or before the first day of February in each year make out and deliver to the county clerk of the county in which he may reside, a statement in writing of all fines assessed by him for the year ending on the first day of January next preceeding, showing the name of the party, the amount of the fine, the time when assessed whether execution was issued thereon and the return upon the same, or if no execution has been issued, the reasons for not issuing the same; and if said fine has been made, the justice shall produce to the said clerk the receipt of the treasurer therefor; and in case no fines have been assessed by such justice he shall return that fact, and said statement shall be certified by such justice to be a true and correct statement from his docket.

§ 9. That in all prosecutions instituted under this act the party or parties defendant shall have the same right of exception, and to have a bill containing the same signed and sealed by such justice of the peace, and made part of the record as is provided for in other cases, and all judgments of conviction may be examined by the district court and the supreme court upon petition in error, and reversed or affirmed as justice may require.

10. Jurisdiction is hereby conferred upon justices of the peace in all cases arising under sections 111, 112, 114, 115 and 127 of the criminal code adopted at the fifth session of the legislative assembly, and the course of proceedings in such cases, as well as in those arising under sections 140, 142 and 143 of said code, shall be the same as prescribed by the provisions of this act: Provided, however, that in cases arising under the sections above enumerated, no security for costs shall

be required as provided by section 6 of this act, but such costs shall be paid out of the county treasury, upon allowance by the county commissioner, in cases in which the complaint has been dismissed, or on execution against the defendant, if convicted, has been returned "no goods or chattels found whereon to levy," and a sufficient amount to pay the costs has not been collected; and provided further, that the penalty for the offenses described in the sections above enumerated in the criminal code shall be as in said code prescribed.

§ 11. The provisions of the criminal code which are in their nature applicable to the jurisdiction and proceedings provided for by this act, and in respect to which no special provision is made herein, are hereby made applicable to proceedings before justices of the peace instituted under this act.

§ 12. That sections 145 and 146 of the criminal code passed at the fifth session of the legislative assembly be, and the same are hereby repealed.

§ 13. This act shall take effect and be in force from and after its passage.

Approved January 13th, 1860.

AN ACT

Of the jurisdiction and procedure before justices of the peace and of the duties of constables in civil courts.

SECTION

24. Order of attachment and its contents.

25. Return day of attachment.

26. Attachment, executed how.

27. How property discharged from attachment.
28. Different attachments, inventory to be made,
priority in such cases,

29. Order of attachment how served.

30. Attached property how disposed of when perishable.

31. Garnishee, to be served with attachment.

32. Garnishee, how served with attachment.

33. Garnishee to appear and show his interest in the property.

34. Garnishee, how discharged from further proceedings.

35. Garnishee not appearing may be proceeded against.

36. Garnishee, may be ordered to pay or deliver property when.

37. Garnishee not appearing, may be proceeded against.

38. Final judgment rendered against garnishee

when.