FORM OF BAIL AFTER COMMITMENT. THE TERRITORY OF NEBRASKA, } •County, SS. 18 E F, of Be it remembered that on the day of county, Nebraska, and G H and I J, of county, Nebraska, appeared personally before the undersigned, two justices of the peace of county, and severally and jointly acknowledged themselves indebted to the Territory of Nebraska, in the sum of dollars, to be made and levied on their respective goods, chattels, lands and tenements, to be void, however, if the said E F, who has been committed to the common jail of county, shall personally be and appear at the next term of the district court of county, on the first day thereof, to answer an indictment to be preferred against him, for the offence of (larceny), and to do and receive what shall be by said court enjoined upon him, and shall not depart the said court without leave. FORM OF COMMITMENT OF WITNESS FOR REFUSING TO ENTER INTO A RECOGNIZANCE. In the name and by the authority of the Territory of Nebraska. To any constable of said county and to the keeper of the common jail thereof: We command you the said constable forthwith to convey and deliver into the custody of the said keeper, the body of C D, it appearing by the examination of the said C D on oath, before me, one of the justices of the peace of said county, that he is a material witness against the said E F, on a charge of (larceny), and it having been adjudged by me, that the said offense has been committed and that there is probable cause to believe the said E F to be guilty thereof, and the said CD, having been required to enter into recognizance in the sum of dollars for his personal appearance at the next term of the district court of county, on the first day thereof, to give evidence on behalf of the territory against the said E F for the offence aforesaid, with which requisition the said CD has refused to comply,, and you the said keeper of the said jail are hereby required to receive the said C D into your custody, in the said jail, and him safely keep until he shall enter into such recognizance or be otherwise discharged according to law. Given under my hand this day of 18 " } A B, Justice of the Peace. FORM OF A WARRANT TO DISCHARGE A PRISONER UPON HIS FINDING SURETIES AFTER COMMITMENT. In the name and by the authority of the Territory of Nebraska. Discharge from imprisonment E F, if detained in your custody for no other cause than what is mentioned in the warrant for his commitment, under the hand of A B, justice of the peace for said county, dated the day Given under 18 ce} hand as Justice of the Peace of said county, this day of 18 A B, Justice of the Peace. CODE OF CIVIL PROCEDURE. AN ACT to establish a Code of Civil Procedure. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, as follows: PRELIMINARY PROVISIONS. SEC. 1. This act shall be known as the Code of Civil Procedure of the Territory of Nebraska. § 2. The rule of the common law, that statutes in derogation thereof, are to be strictly construed, has no appli cation to this Code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote its object, and assist the parties in obtaining justice. TITLE I. FORM OF CIVIL ACTIONS. Distinction be law abolished. SEC. 3. The distinction between actions at law, and the forms of all such actions and suits, heretofore existing, are tween actions at abolished; and in their place, there shall be, hereafter, but one form of aoone form of action, which shall be called a civil action. tion. § 4. In such action, the party complaining, shall known as the plaintiff, and the adverse party as the defendant. be Parties, how designated. Feigned issues § 5. There can be no feigned issues; but a question of fact, not put in issue by the pleadings, may be tried by a abolished. jury, upon an order for the trial, stating, distinctly and plainly, the question of fact to be tried, and such order is the only authority necessary for a trial. TITLE II. TIME OF COMMENCING CIVIL ACTIONS. Chapter 1.-ACTIONS IN GENERAL. 2.-ACTIONS FOR THE RECOVERY OF REAL PROPERTY. 3.-ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY. 4.-GENERAL PROVISIONS. Suits pending accrued not affected. CHAPTER I. ACTIONS IN GENERAL. SEC. 6. This title shall not apply to actions already comand rights of ac- menced, or to cases where the right of action has already tion which have accrued; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form; nor shall this title apply in the case of a continuing and subsisting trust, or to an action by a vender of real property, in possession thereof, to obtain a conveyance of it. tions shall be commenced. When civil ac- § 7. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action. shall have accrued, but where, in special cases, a different limitation is prescribed by statute, the action may be commenced accordingly. For the recovery CHAPTER II. ACTION FOR THE RECOVERY OF REAL PROPERTY. SEC. 8. An action for the recovery of the title, or possesof real property sion of lands, tenements, or hereditaments, can only be brought within twenty-one years after the cause of such action shall have accrued. twenty-one years. Right of action under certain disabilities. § 9. If a person entitled to commence any action for the saved to persons recovery of the title or possession of any lands, tenements, or hereditaments, be, at the time his right or title shall first descend, or accrue, within the age of twenty-one years, a married woman, insane, or imprisoned; every such person may, after the expiration of twenty-one years from the time his right or title first descerded, or accrued, bring such action within ten years after such disability is removed, and at no time thereafter. and detention. § 10. An action for the forcible entry and detention, or Forcible entry forcible detention only, of real property, can only be brought within two years after the cause of such action shall have accrued. |