§ 5. Every county attached for judicial purposes to another county shall be liable for costs heretofore or hereafter incurred in the prosecution of any person accused of the commission of an offense within the county so attached, and for costs in any other judicial proceeding originating therein, to the same extent and on the same conditions as if such prosecution were carried on or such proceedings were had within such county so attached: Provided, that the fees of jurors shall be paid by the county from which they may be drawn.

§ 6. The costs to be paid under this act by any county shall be such as may be provided by law at the time when the services may be rendered or the expenses incurred; and shall be allowed by the commissioners of the proper county, upon the certificate of the clerk of the district court that such costs have been taxed by him or by the court, and are chargeable upon such county.

§ 7. This act shall take effect from and after its passage. Approved December 27th, 1859.

AN ACT

To provide for the transportation of convicts and for other pur

poses.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the governor of this territory is hereby authorized to contract with the proper authorities of any of the states of this Union, having a penitentiary or states prison for the confinement in such prison or penitentiary at hard labor, or solitary confinement, as the sentence may be, of any person sentenced to imprisonment in the penitentiary, by any of the courts of this territory, for any crime hereafter committed, and it shall be lawful for any court passing sentence upon any one convicted of a crime, the punishment of which is imprisonment in the penitentiary, to direct as part of such sentence, that such convict shall be imprisoned in the states prison or penitentiary of the state with which such contract may be made: Provided, that any order so made as part of a sentence passed after the taking effect of this act, and before the completion of such contract by the governor, shall have the same force and effect as if made after the completion of such contract.

§ 2. As soon as any such contract shall be made, the said convicts who may then be under sentence as aforesaid, may be transported under the warrant of the governor by the sheriff of the proper county, to the place designated therein, and shall there be delivered to their proper officers,

§3. The governor shall transmit with his warrant a certified transcript of the judgment of the court, sentencing such convict.

§ 4. The expenses incurred under the foregoing provisions of this act shall be paid out of the territorial treasury upon the warrant of the governor.

§ 5. That in all cases where any person has heretofore been or shall hereafter be sentenced to hard labor in the penitentiary, and for want of a penitentiary has been or may be, by the court passing such sentence, directed to be imprisoned in any county jail, such labor shall be performed under the direction of the county commissioners of such county, who may adopt such rules, regulations and orders thereto, as they may deem best, and the sheriff or other officer having the custody of such convicts shall be governed thereby.

§ 6. That for the purpose of enabling the county commissioners of any county in this territory to employ, in a profitable manner, all persons who have heretofore been, or who may hereafter be sentenced, as provided for in section five of this act: The county jail in all such cases is hereby declared to extend to any stone quarry or quarries, road or roads, or other place or places within the limits of the county, at which the convicts may be advantageously employed.

§ 7. That whenever any of the courts of this territory shall hereafter pass sentence upon any person, convicted of a crime, the penalty of which is confinement in the penitentiary, the court may either order such person to be imprisoned, according to the provisions of the first, or at their discretion, the fifth section of this act.

§ 8. That it shall be the duty of the county commissioners to collect the proceeds of all such labor as may be performed under their directions as aforesaid, and after first paying the board of such convicts, and the expenses incident to such labor, to pay the balance into the county where such persons may be confined.

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

Approved January 6th, 1860.

AN ACT

To authorize the transfer of certain territorial taxes assessed previous to the year 1859, to the counties in which the same were collected.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That it shall be, and is hereby made the duty of the county treasurers of the several counties in this territory who have collected territorial taxes assessed previous to the year 1859, and which is still remaining in their hands, whether the same be in territorial warrants or in money, to account with, and pay over to the order of the board of county commissioners of their respective counties, all such taxes so remaining in their hands.

§ 2. All taxes so paid over to the board of county commissioners may be by them appropriated to the erection of a county jail for their county, or in such other manner as will best promote the interests of the county.

§ 3. This act shall take effect from and after its passage. Approved January 7th, 1860.

AN ACT

Authorizing suits upon written instruments to be brought in the name by which the same are executed.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That in all actions upon bills of exchange or promissory notes or other written instruments, whenever any of the parties thereto are designated by the initial letter or letters or some contraction of the christian or first name or names, it shall be sufficient to designate such person by the name, initial letter or letters or contraction of the first name or names instead of stating the christian or first name or names in full.

§ 2. That any company or association of persons formed for the purpose of carrying on any trade or business, or for the purpose of holding any species of property in this territory, and not incorporated, may sue and be sued, by such usual name as such company, partnership or associations may have assumed to itself or be known by, and it shall not be necessary in such case to set forth in the process or pleadings or to prove at the trial the names of the persons composing such company.

§ 3. That process against any such company or firm under the provisions of this act shall be served by a copy left at their usual place of doing business within the county, with one of the members of such company or firm, or with a clerk or general agent thereof, and executions issued in any judgments rendered in such proceedings shall be levies only on partnership property.

§ 4. That in cases where a company shall sue in its partnerships name, such company shall procure the writ to be endorsed by a responsible surety, resident of the county, for costs, or otherwise give security for costs.

§ 5. That if the plaintiff in any judgment so rendered against any company or partnership, shall seek to charge the individual property of the persons composing such company or firm, it shall be lawful for him to file a bill in chancery against the several members thereof, setting forth his judgment and the insufficiency of the partnership property to satisfy the same, and to have a decree for the debt, and an award of execution against all such persons or any of them as may appear to have been members of such company, association, or firm.

6. That the remedies hereby given shall not be construed as repealing any laws now in force in relation to writs by and against partners, but as an addition thereto.

1

§ 7. This act shall be in force from and after its passage. Approved January 10th, 1860.

AN ACT

To fix the time of holding the district courts in the first judicial district.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the times of holding the district courts of the first judicial district shall be as follows:

In the county of Douglas on the second Monday of February, on the first Monday of June and on the third Tuesday of October in each year, In the county of Sarpy on the fourth Monday of March, and on the second Monday of November in each year. In the county of Dodge on the second Tuesday of April, and on the second Tuesday of September in each year. In the county of Cass, on the third Tuesday of April, and on the first Tuesday of October in each year. In other counties in said district at such times and places as the judge of said district may appoint.

§ 2. That all writs, process, matters, and proceedings whatsoever, returnable at the next term of said several courts, as heretofore fixed, shall be deemed and held to be returnable at the terms respectively herein appointed to be held, and the same shall for all purposes whatsoever be deemed and held to be the same terms respectively as herein provided for each of the aforesaid counties.

§ 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 4. This act shall take effect from and after its passage. Approved January 11th, 1860.

AN ACT

To frame a constitution and state government for the state of

Nebraska.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That an election shall be held on the first Monday in March, A. D. 1860, in the several voting precincts in the territory of Nebraska, for delegates to a convention, to frame a constitution and state government for the state of Nebraska.

§ 2. At such election, every elector qualified as defined by this act, may vote by ballot "For State Government," or "Against State Government;" and may also vote by ballot for such number of persons, to be delegates to a constitutional convention, as the county or delegate district in which he votes may be entitled to.

§ 3. Separate ballot boxes or apartment of ballot box, shall be provided, in one of which shall be deposited the ballots "For" or "Against," state government; and in the other the ballots for delegates to the constitutional convention.

§4. The said convention shall be composed of fifty-two members, to be apportioned among the several districts of the territory as follows: The county of Richardson shall constitute the first district, and shall elect four delegates.

The county of Nemaha shall constitute the second district, and shall elect five delegates.

The county of Otoe shall constitute the third district, and shall elect eight delegates.

The county of Cass shall constitute the fourth district, and shall elect six delegates.

The county of Sarpy shall constitute the fifth district, and shall elect four delegates.

The county of Douglas shall constitute the sixth district, and shall elect eight delegates.

The county of Washington shall constitute the seventh district, and shall elect three delegates.

The counties of Burt, Cuming and Izard shall constitute the eighth district, and shall elect two delegates.

The county of Dakotah shall constitute the ninth district, and shall elect three delegates.

The counties of Dixon, Cedar and L'eau qui Court shall constitute the tenth district, and shall elect two delegates.

The county of Dodge shall constitute the eleventh district, and shall elect one delegate.

The counties of Platte, Monroe, Buffalo and Hall shall constitute the twelfth district, and shall elect two delegates.

The county of Kearney and the counties west shall constitute the thirteenth district, and shall elect one delegate.

The county of Pawnee shall constitute the fourteenth district, and shall elect one delegate.

The counties of Johnson, Gage and Jones shall constitute the fifteenth district, and shall elect one delegate.

The counties of Clay, Saline, Lancaster, Green, Calhoun and Butler shall constitute the sixteenth district, and shall elect one delegate.

§ 5. If it shall appear, upon the canvass hereinafter provided for, that a majority of all the votes on the question of state government have been given "For State Government," the delegates elected shall meet at the capital of the territory, on the second Monday in April, A. D. 1860, and thereupon shall have power and authority, and proceed to prepare and frame a constitution for the state of Nebraska, to be submitted to the electors of this territory, for adoption and approval by them. And unless it shall be so submitted, adopted and approved, at an election to be appointed by the constitutional convention, it shall not, for any purpose whatever, be deemed or held to be the act of the people of Nebraska.

§ 6. If it shall not appear, upon such canvass, that a majority of all the votes upon the question of state government have been given in favor thereof, it shall be deemed and considered that the people of this territory do not desire the admission of Nebraska as a state at this