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shall deliver one of such receipts to the auditor who shall credit such person accordingly, and the treasurer shall retain one of said triplicates in his office.
SEC. 6. [Receipts by county treasurer.]-Every county treasurer shall make out triplicate receipts, for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash or warrants, county or road orders, or supervisors receipts; one of which triplicates the treasurer shall deliver to the person making such payment, and he shall within six days file with the county clerk, the third he shall retain in his office.
SEC. 7. [Receipts by city treasurer.]--The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office.
SEC. 8. [Treasurer's duties-Cash book-Register.]-Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the account for that year in such register, and shall carry forward the excess.
SEC. 9. [Failure to keep books-Penalty.]-Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or who shall fail to keep his cash book footed from day to day, as required by this act, for the space of three days, shall forfeit for each offense, the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought.
SEC. 10. [Inspection of books.]-The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered, and unpaid.
SEC. 11. [Failure to notify-Penalty.]-Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent. on the amount of such warrant, and ten per cent. additional for every thirty days thereafter, during which such failure shall continue.
SEC. 12. [Failure to register or pay-Penalty.]-Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought.
SEC. 13. Issuing duplicate warrant.]-Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and
SEC. 12. But see Const., sec. 5, p. 30.
SEC. 12. "An act to provide for the issuance of duplicate warrants." Laws 1875, 176. Took effect Feb. 17, 1875.
shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine endorsement thereon or otherwise. [1875 § 1, 176.]
CHAPTER 94.-WEIGHTS AND MEASURES.
SECTION 1. [Standards-Tons.]--The standard of weights and linear measures shall be the same as that established by act of congress, for the several states, except that the ton shall consist of two thousand pounds.
SEC. 2. [Bushel-Subdivisions.]-A bushel shall consist of two thousand one hundred and fifty cubic inches. The half-bushel, peck, and half-peck shall consist of the proper division and subdivision of a bushel.
SEC. 3. [Gallon.]-A gallon shall consist of two hundred and thirty-one cubic inches.
SEC. 4. Pound.]—A pound avoirdupois shall consist of seven thousand grains in Troy weight.
SEC. 5. [Weight of bushel of articles.]—A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:
Apples, dried, per bushel....
[Amended Laws 1883, chap. LXXXI.]
NOTE.-Chap. LV., R. S. 391. Chap. 83, G. S. 1077.
SEC. 6. [False weights and measures-Penalty.]—Any person who shall knowingly keep false weights or measures, and shall buy and sell articles thereby, shall forfeit and pay, upon conviction, a fine of not less than five, nor more than twenty-five dollars, to be recovered before any court having competent jurisdiction; the fine shall be appropriated to the use of the common schools in the same county; he shall also be liable to the injured party in double the amount of damages, with the costs of suit.
CHAPTER 95.-THE LAWS OF NEBRASKA.
ARTICLE I.-REVISED STATUTES OF 1866.
SECTION 1. This act shall be known as "The Revised Statutes of Nebraska," and is hereby declared to be the law of the territory of Nebraska, and shall take effect and be in force from and after the first day of July, in the year of our Lord one thousand eight hundred and sixty-six. [R. S. 683. G. S. 1079.]
SEC. 2. "An act to establish a code of civil procedure," approved November 1, 1858, and an act supplemental thereto, approved November 4, 1858, "An act to adopt and establish a criminal code for the territory of Nebraska," approved 1858, all laws and acts amendatory of and supplemental to said code, and all acts and laws of a general nature relative to the civil and criminal laws and proceedings of this territory, passed prior to the eleventh session of the legislative assembly. begun and held at Omaha on the first Thursday after the first Monday in January, 1866, and all acts and parts of acts conflicting with the provisions of this revision, are hereby repealed; Provided, The re-enactment, amendment or repeal of any law, act, title, section, chapter or provision of the civil or criminal code, or of any general law of this territory, shall in nowise affect any contract, right, claim, interest, title, action or liability which may have accrued, or any order, judgment, decree, sale, recognizance, instrument.or proceeding made, entered or had under any provision of the laws hereby re-enacted, amended or repealed, nor shall such re-enactment, amendment or repeal in anywise affect any criminal prosecution heretofore commenced, or any fine, penalty, forfeiture or punishment for crimes and misdemeanors committed before the taking effect of this revision, but such prosecution shall be carried on and continued in the manner now provided by law, and all fines, penalties and forfeitures heretofore incurred, and crimes and misdemeanors committed, shall be prosecuted the same as if no re-enactment, amendment or repeal had been made. [Id.]
SEC. 3. Whereas, Certain discrepancies exist between the original rolls on file in the office of the secretary of the territory, and the published laws of the eleventh session of the legislative assembly of this territory; Be it further enacted, That whenever such discrepancies exist, the volume of laws published under the title of "The Revised Statutes of the territory of Nebraska," in force July 1, 1866, shall be taken and received as the laws of this territory, until afterwards amended or repealed. [1867, 12 Sess. Ter. § 2, 7.]
SEC. 4. That the volume of laws published under the title of "The Revised Statutes of the territory of Nebraska," and the appendix thereto, shall be hereafter received in all courts of this territory, anything in the original rolls on file in the secretary's office to the contrary notwithstanding. [Id. § 3.]
ARTICLE II.-COMPILED STATUTES 1881.
SECTION 1. Compilation.]-The public acts now in force, including the Revised Statutes of 1866, and the public acts and laws passed since that revision, and which may be passed by the legislature at its present session, shall be com
SEC. 6. As to double damages, see 6 Neb. 37.
ART. I. Secs. 1-2 R. S. 683, and secs. 2-3 of “An act to amend the code of civil procedure." Laws 12th
piled, arranged and put into chapters, with appropriate heads and titles, and with reference to decisions of the supreme court. [1881 § 1, chap. 79.]
SEC. 2. (Compiler-Price.]-The said statutes shall be compiled published by Guy A. Brown, of Lancaster county, upon the condition that all expenses connected with the preparation and publication thereof shall be borne by him, and the sale price of each copy when published, shall not exceed five dollars; Provided further, That the said Guy A. Brown shall furnish to the state of Nebraska all copies of said statutes which may be required by the state, at a price not to exceed two dollars and fifty cents per copy; Provided further, That said statutes shall be equal in quality of paper and binding to the General Statutes of 1873, be set with type of the same size and contain at least one-third more matter on a page, and be thoroughly indexed. Said statutes to be published on or before July 1st, 1881.
SEC. 3. [Bond.]-The said compiler shall give bond in the sum of five thousand dollars with at least three sureties conditioned for the faithful performance of his duties, and to carry into effect the provisions of this act, which bond shall be approved by the secretary of state and filed in his office, and thereupon the said secretary of state shall permit the said compiler, when the same are not in use by him, to take the original rolls of said laws for the purpose of making accurate copies thereof for said statutes, the same to be returned upon publication of said statutes, and whenever required by the secretary of state.
SEC. 4. [Receivable in evidence.]-The said statutes when published shall be accompanied by a certificate of the compiler that the same are true and accurate copies of the said original rolls, and thereupon the said statutes, and subsequent editions founded thereon, shall be competent evidence of the several acts and resolutions therein contained, in all the courts of this state, without further proof or authentication; Provided, That the compiler shall furnish copies of any subsequent editions required by the state at the same price as the original edition, to-wit; two dollars and fifty cents per copy. [Amended 1885, chap. 98.]
CODE OF CIVIL PROCEDURE.
SECTION 1. [Construction of code.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 justrce. R. S. 894. G. S. 524.]
TITLE I.-FORM OF CIVIL ACTIONS.
SEC. 2. [One form of action.]--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, 71.]
SEC. 3. [Parties-Designation.]-In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.
SEC. 4. [Issues-Feigned-Not plead.]-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.
TITLE II.-TIME OF COMMENCING CIVIL ACTIONS.
SEC. 5. [Limitation.]-Civil actions can only be commenced within the time prescribed in this title, after the cause of action shall have accrued.
SEC. 6. [Recovery of real property-Mortgages.]—An action for the recovery of the title or possession of lands, tenements or hereditaments, can only be brought within ten years after the cause of such action shall have accrued. This section shall be construed to apply also to mortgages. [1869 § 1, 67. Took effect July 1, 1869.]
SEC. 7. [Same-Persons under disability.]-Any person entitled to commence any action for the recovery of the title or possession of any lands, tenements or hereditaments, who may be under any legal disability when the cause of action accrues, may bring such action within ten years after the disability is removed, and at no time thereafter. [R. S. 395. Amended to take effect Sept. 1, 1878. G. S. 525.]
SEC. 1. Object stated. 2 Neb. 137. The construction of the code should be liberal. 14 Neb. 302. SEC. 2. Distinction between law and equity not abolished. 3 Neb. 115. 4 Id. 587. Distinction stated. 6 Neb. 85. Fictitious issues are abolished. 3 Neb. 116.
SEC. 4. Equity case not subject to trial by jury though special facts may be submitted to jury. 10 Neb. 188. 15 Id. 108. And defendant not entitled to jury trial on foreclosure of mechanic's lien. 15 Neb. 437. And jury not allowed in contempt cases. 13 Neb. 451.
SEC. 5 Statute does not run against the state. 11 Neb. 409. Construction and general operation of statute considered. 5 Neb. 370. 7 Id. 404. 9 Id. 233. 15 Id. 196. Benefits of statute may be waived and will be unless pleaded. 15 Neb. 196. 16 Id. 664. Statute may be interposed on demurrer.3 Neb. 87. Face of petition should show however that statute has run. 5 Neb. 464. 9 Id. 232. 16 Id. 5. Mere want of knowledge of facts, which if known would be sufficient to sustain a cause of action, will not prevent the running of the statute. 16 Neb. 83. Dismissal without hearing on merits, and judgment of non suit not a bar. 11 Neb. 322. 14 Id. 418. 16 Id. 387.
SEC. 6. Original section read "twenty one years." Change in running of period by statute applies to action subsequently brought. 4 Neb. 46. As against right to redeem conveyance absolute, but in fact a mortgage, statute does not run until tender of money due, and refusal to reconvey. 1 Neb. 344. Statute commences to run at once on breach of covenant against incumbrances. 7 Neb. 404. 10 Id. 150. Foreclosure of mortgage barred in ten years. 8 Neb. 268. 12 id. 469. 14 Id. 418. See decisions prior to amendment. 2 Neb. 26. 5 Id. 466. 6 Id. 391. 9 Id. 232. Adverse possession as a bar. 4 Neb. 47. 13 id. 356, 417. Real estate deeded by husband to wife. 13 Neb. 455. Rents and profits. 12 Neb. 544.