ble age, and not interested in the action, to serve a summons or execution with or without an order, to arrest the defendant, or to attach property. Such deputation must be in writing on the process.

§ 192. The person so deputed has the authority of a constable, in relation to the service, execution and return of such process, and is subject to the same obligation,,but there can be no fee of his services taxed in the bill of costs.

§ 193. A justice may punish, as for contempt, persons guilty of the following acts and no others:

First. Disorderly, contemptuous, or insolent behavior towards the justice, tending to interrupt the due course of the trial, or other judicial proceedings before him;

Second. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial, or other judicial proceeding.

Third. Willful resistance in the presence of the justice, to the execution of a lawful order, or process made or issued by him.

§ 194 A warrant of arrest may be issued by such justice, on which the person so guilty may be arrested, and brought before the justice, when an opportunity to be heard in his defense or excuse must be given. The justice may, thereupon discharge him, or may convict him for the offense, and adjudge a punishment by fine or imprisonment, or both; such fine not to exceed twenty dollars, and such imprisonment ten days. § 195. The conviction specifying particularly the offense and the judgment thereon must be entered in his docket; a warrant of commitment to the jail of the county, until the fine be paid, or for the term of imprisonment, may then be issued; such warrant must contain a transcript of the entry in the docket, and the same must be executed by any constable to whom it may be given, and by the jailor of the county.

§ 196. When a person intending to bring an action before a justice of the peace, is a non-resident of the county in which he intends to commence such action, the justice may, previous to his issuing process, require such person to give security for the costs of suit; which may be done by depositing a sum of money, deemed by the justice to be sufficient to discharge the costs that may accrue in the action, or by giving an undertaking, with security approved by the justice, payable to the adverse party, for the payment of all costs that may accrue in the action. If any plaintiff or plaintiffs, after commencing an action before a justice in the county in which he or they reside, afterwards remove out of the county, the justice may require such plaintiff or plaintiffs to deposit a sum of money, equal to the costs that have accrued and that probably will accrue, or require in place thereof, that such party give sufficient security for all costs that have accrued, or which may accrue in the action, and in default to do either, shall enter a nonsuit against the plaintiff or plaintiffs.

§ 197. That in all actions instituted before a justice of the peace, founded upon any bond, sealed bill, promissory note or other instrument of writing, for the payment of a sum of money certain, of which the whole amount of money promised therein is due, it shall be the duty of the plaintiff, his agent or attorney, to file said bond, sealed bill, pro

missory note, or other written evidence of indebtedness, upon which said suit is brought, with such justice of the peace; and if upon the trial judgment shall be entered thereon, in favor of the plaintiff, such bond, sealed bill, promissory note or instrument of writing, shall be retained by the justice so rendering judgment, who shall endorse thereon the sum for which he shall have entered judgment (provided the same shall in no wise exceed one hundred dollars) and shall subscribe his name thereto. And upon payment, or tender of the amount of such payment, together with the cost accruing thereon, or securing the payment of the same by putting in bail for the stay of execution, it shall not be lawful for the plaintiff to institute any other suit or suits upon such bond, sealed bill, promissory note or other instrument of writing for the recovery of any other sum or sums, the payment of which is secured by the same bond, sealed bill, promissory note or other written evidence of indebtedness: Provided, that when an appeal shall be taken from the judgment of such justice, it shall be his duty to transmit any bond, sealed bill, promissory note or other written evidence produced before him on trial to the clerk of the district court, to which such cause shall have been appealed, on or before the second day of the term of the court next after taking such appeal; provided also, that, nothing herein contained shall be construed to lessen or in any wise affect the right which any creditors now have to demand from any justice of the peace, any joint and several obligations for the purpose of prosecuting any party to said obligation, other than the party against whom judgment may have been rendered.

for

§ 198. It shall not be lawful for any justice of the peace to purchase any judgment, upon any docket in his possession; and for so doing, and every such offence, such justice shall forfeit and pay a sum not more than fifty nor less than ten dollars, to be recovered by an action before any court having jurisdiction thereof, and when collected shall be paid into the treasury of the county where such offence was committed.

§ 199. The provisions of this act do not apply to proceedings in actions or suits pending when it takes effect. They shall be conducted to final judgment and determination in all respects as if it had not been adopted.

§ 200. The jurisdiction of justice of the peace shall not extend to any case when the sum in question shall exceed one hundred dollars, but may extend to that sum in all cases except as limited in this aet.

$201. That chapter third of an act entitled "An act respecting practice and proceedings in courts of justice and for other purposes," approved February 13th, 1857: and all acts and parts of acts inconsistent with this act are hereby repealed.

§ 202. This act to take effect and be in force from and after the first day of February, A. D. 1860.

Approved January 13th, 1860.

AN ACT

Entitled "An act to amend an act for the regulation of schools in Nebraska," approved November 4th, 1858.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That for present school purposes, and until by further enactments, civil townships be formed in this territory, what are now known in the organized counties as precincts, or that may hereafter be formed as such, shall be known as townships.

§ 2. That when no sub-districts exist, the qualified voters of the election precinct shall elect a board of education, consisting of three (3) citizens, on the same day and in the same manner as provided in section two (2) of the act to which this is amendatory, for the election of school directors of sub-districts, and said board shall have all the powers and perform all the duties both of the board of education and the board of directors, until sub-districts are organized; and the said board of education shall, whenever they may deem necessary, establish sub-districts, which shall be organized according to the provisions of the aforesaid act.

§ 3. Any and all sub-districts in this territory, which have failed for any reason whatever to make report as required by law, are hereby authorized and required to make report on or before the first day of March, A. D. 1860, direct to the county clerk of that county in which said sub-districts are organized.

§ 4. That section thirteen of the act to which this is amendatory shall be so amended that no sub-districts shall contain within its limits less than ten scholars by enumeration.

§ 5. That section twenty-one of the aforesaid act shall be so amended as to limit the estimates for central or high schools to one mill on the dollar and to require the estimates of the board to be made known by certificate in writing on or before the first Monday of April in each year.

§ 6. That section sixty of the aforesaid act be so amended as to read as follows:

§ 60. For the purpose of affording the advantage of a free education to all the white youth of this territory, the territorial common school fund shall hereafter consist of such sum as will be produced by the annual levy and assessment of one mill upon the dollar valuation on the grand list of the taxable property of the territory, and there is hereby levied and assessed annually in addition to the revenues required for general purposes the said one mill upon the dollar valuation as aforesaid, and the amount so levied and assessed shall be collected in the same manner as other territorial taxes, and when collected shall be annually distributed to the several organized counties of the territory in proportion to the enumeration of scholars, and be applied exclusively to support of common schools, Provided, that all colored persons shall be exempted from taxation for school purposes.

§ 7. That nothing in this act shall be so construed as to conflict with

the provisions of the act to which this act is amendatory, relative to cities and incorporated villages.

§ 8. That sections 55, 56, 57, 58 and 59 of the act to which this is amendatory, be and the same are hereby repealed.

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

Approved January 13th, 1860.

AN ACT

To provide for the settlement of the accounts of the county superintendents of common schools, and to investigate their official acts.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the territorial commissioner of common schools be, and he is hereby authorized and empowered to inquire into and investigate the official acts of the county superintendents of common schools, who were appointed or elected, and served under an act entitled "An act to establish the common school system," approved March 16th, 1855, and an act entitled, "common schools," approved January 26th, 1856, and to settle the accounts of said county superintendents.

§ 2. That it shall be lawful for the said territorial commissioner of common schools, to administer oaths and affirmations in all investigations or settlements of accounts, provided for in section one of this act.

§ 3. If it shall appear to the satisfaction of the said commissioner, that any county superintendent of common schools has appropriated or paid any money that may have come into his hands, or under his control, for school purposes, for any other than the objects specified in the several acts creating the office of, and defining the powers and. duties of county superintendents of common schools, the said commissioners of common schools, shall notify the district attorney of the proper district, who shall as soon as practicable thereafter, commence suits against the offending county superintendent and his sureties, for the amounts so improperly appropriated or paid, with interest and all costs and damages which may have accrued from the improper action of the said superintendent, together with all the costs of said suit.

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

Approved January 13th, 1860.

AN ACT

In relation to jurors' fees.

SEC, 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That in every civil action tried by a jury in the district courts of the several counties of this territory, it shall be the duty of the district clerk, to enter the sum of three dollars in the bill of costs against the judgment debtor as a juror fee, which shall be collected as other costs, and when collected shall be by the proper officer paid to the county treasurer, and his receipt for the same shall be filed with the papers in the case, in the office of the district court. § 2. This act shall take effect from and after its passage. Approved January 13th, 1860.

AN ACT

To amend the code of civil procedure, and to provide for the stay of execution in district courts.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That on all judgments and decrees hereafter rendered in any of the district courts in this territory, there shall be stay of execution or order of sale, as the case may be, as hereinafter provided.

§ 2. The order of sale on all decrees for the sale of mortgaged premises, shall be stayed for the period of one year from and after the rendition of such decree, whenever the defendant shall desire such stay, and shall within twenty days after the rendition of such decree, file with the clerk of such court, a written request for the same, provided, that if the defendant make no such request within said twenty days, the order of sale may issue immediately after the expiration thereof.

§ 3. Execution on all judgments hereafter rendered in said courts, "shall be stayed for the period of one year from and after the rendition thereof, provided the defendant shall within twenty days after the judgment is obtained, show to the satisfaction of the clerk of such court, that he or she is the owner of real estate in the county, of sufficient value, over and above incumbrances, to pay such judgment.

§ 4. On other judgments or decrees of said courts, execution or orders of sale, as the case may be, shall be stayed for the period of one year, whenever the defendant within twenty days after the rendition thereof, shall enter into a bond to the plaintiff with one or more sufficient sureties, residents of the county, to be approved by the clerk of such court, conditioned for the payment of the amount of such judgment or decree, together with the interest and costs, and costs that may accrue.

5. That the fifty-eighth section of an act entitled "An act to establish a code of civil procedure," approved Nov. 1st, 1858, be so amended as to read as follows: