the closing up of the state work in connection therewith, not to exceed ninety (90) days from the date of the closing of said Columbian exposition at Chicago.

SEC. 6. That within ten (10) days from the passage and taking effect of this act, the governor shall appoint one (1) commissioner general, who shall be a man of known experience, and of acknowledged fitness and qualification for the duties of such office.

SEC. 7. The term of office of the commissioner general shall be the same as provided for commissioners and alternates. He shall devote the whole of his time, during the term of his office, to the duties of the position. He shall have control of all details pertaining to the exhibit at Chicago, its arrangement, installation, management while in place, and dismantling of the same, under a general supervision of the executive council and the state commission. He shall be ex-officio member of the state commission, to advise and vote only in case of a tie. He shall receive a salary of two thousand five hundred dollars ($2,500) per annum, payable quarterly from the funds provided for in this act, and in addition, his actual traveling expenses, to be computed in like manner as that provided for the compensation of state commissioners. He is hereby authorized and empowered to appoint such superintendents, assistants, and employ such clerical and other force as he may find necessary for the successful presentation of the work of his office, the same to be paid from the funds appropriated by this act.

SEC. 8. The president of the state commission shall be its disbursing officer, through whose hands all moneys drawn and expended must pass. He shall give bonds, to be approved by the governor, in a sum not less than one hundred thousand dollars ($100,000).

SEC. 9. The governor shall, at the earliest convenience after the passage of this act and the appointment of the commission and commissioner general, convene them at the state capital, at a day and place by him named, for organization. At this meeting the commission shall proceed by ballot to elect from its members one (1) president and secretary, whose terms of office shall be the same as for the commission. The president and secretary shall not both be of the same political party. The president and secretary may be compensated for extra service devolving upon them as such, in such sums as the commission may determine, to be paid from the funds provided by the appropriation of this act.

SEC. 10. The president, secretary, and commissioner general shall compose an executive council, with full power to act in all matters, under general supervision and direction of the commission.

SEC. 11. The president may have power in his discretion to call meetings of the commission at any time and place he may deem proper; and shall do so on call signed by a majority of the members thereof.

SEC. 12. The appropriation provided for in this act can be drawn from the state treasury only on estimates made by the executive council, signed by the president and secretary, and no one (1) estimate shall exceed the sum of six thousand (6,000) dollars, except in case of an emergency, and then by unanimous vote of the commission and approved by the governor. Each estimate shall be followed in a reasonable length of time, and before another estimate can be made, with itemized, detailed vouchers, to be certified by the president and secretary of the commission, and approved by the governor.

SEC. 13. The secretary shall keep an accurate record of all the proceedings,

both of the commission and executive council.

SEC. 14. The commissioner general shall render to the executive council a quarterly statement or his official doings in detail in all respects, and which shall be filed with the secretary.

SEC. 15. Members of the commission, alternates, and the commissioner general may, for cause, be removed at any time by the governor, and vacancies occurring by reason of any cause, filled by him for unexpired terms. In so doing, the political division and relation as in the original formation shall be maintained.

SEC. 16. At the close of its service the commission shall render to the gov ernor a full and detailed statement of all its proceedings, which shall include a complete list of all disbursements and catalogue of exhibits presented at the Columbian exposition.

SEC. 17. Nothing in this act shall be construed to create any liability on the part of the state in excess of the appropriation herein named.

PART III.

THE CODES OF CIVIL AND CRIMI

NAL PROCEDURE.

CODE OF CIVIL PROCEDURE.*

PRELIMINARY PROVISIONS.

4537 (1). The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application 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.

Especially should the construction be liberal as to the provisions respecting the appearance of parties and the making up of issues, to the end that a full and fair hearing of cases on their merits may be had. 14, 301 (15 N. W., 719). Provisions of code construed liberally. 2, 137.

TITLE I.-FORM OF CIVIL ACTIONS.

4538 (2). The distinction between actions at law and suits in equity, and the form of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a civil action.

Amended 1867, p. 71. Distinction between actions at law and suits in equity not abolished. Nature of distinction stated. 4, 575. Distinction between law and equity abolished. 3, 115.

4539 (3). In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

4540 (4). There can be no feigned issues; but a question of fact not put in issue by the pleadings may be tried by a 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.

In equity cases, court may submit special facts to a jury. 10, 189 (4 N. W., 1040).

The present Code of Civil Procedure is that contained in, and adopted with, the Revised Statutes of 1866, p. 683, with the modifications made by subsequent legislatures. Acts which have not expressly amended the Code, but whose subject-matter is analogous to its provisions, are inserted therein, and may be distinguished from the original by the absence of duplicate section members. Prior to the Code of 18c6, the following, respectively, were in force in this state:

1. An act adopting certain parts of the Code of Iowa. 1855 p. 55. In force March 16.

2. An act respecting practice and proceedings in courts of justice, and for other purposes. 1857 (3d sess.), p. 41. Approved February 13.

3. An act to establish a Code of Civil Procedure. 1858, p. 109. In force April 1, 1859. This Code appears to have been substantially re-enacted by that of 1866, forming the basis for the first eighteen titles thereof.

There was also An act for revising, consolidating, and preparing a general code for the territory of Nebraska," 1855 6, p. 35; but this is of interest rather as the first attempt to consolidate the laws of Nebraska, than as a landmark in the history of its codes of civil practice.