shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of fifty cents.

§ 14. The advertisements, the appraisements and the services of the justice of the peace shall be paid by the person taking up the estray, and he shall receive the same with fifty per cent additional from the proceeds of the sale of the estray.

§ 15. Should an animal, taken up as an estray, die while in the possession of the person taking it up, he shall not be liable for the loss, unless its death was the result of mistreatment or willful neglect.

§ 16. This act shall be in force and take effect from and after the first day of April, 1861.

§ 17. An act entitled an Estray Law, approved January 26, 1856, and all other acts and parts of acts inconsistent with this are hereby repealed.

Approved January 11, 1861.

AN ACT.

To amend an act entitled "An act providing for the better regulation of schools in Nebraska," approved November 4th, 1858, and also an act entitled "An act to amend an act for the regulation of schools in Nebraska, approved November 4th, 1858," approved January 13th, 1860.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the following amendments shall be and are hereby made to "An act providing for the better regulation of schools in Nebraska, approved November 4th, 1858," and also an act entitled "An act to amend an act for the regulation of schools in Nebraska, approved November 4th, 1858," approved January 13th, 1860, referring to the printed laws of the fifth and sixth sessions of the Legislative Assembly of Nebraska Territory, to wit: In the first named act

Insert between the words "sub-district" and "who" in the fifth line in section five, the words " who shall hold his office for the term of one year, and "

Insert in place of the words "first and third Monday in October" in the second and third lines of section eight, the words " fifteenth and thirtieth days of September."

Insert between the words "clerk" and "and" in the seventh line of section eight, the words "on or before the first Monday in October, and the directors shall on or before the third Monday in October, report to the clerk of the Board of Education a statement of the amount of money expended and for what object during the past school year, and the amount of money necessary to be expended during the current school year. The value and condition of all school houses, school house sites, furniture, library, apparatus, &c., all contracts entered into by them, and a general

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report upon all matters of interest connected with the schools in their sub-districts."

Insert in place of words twenty days after the returns made to him by the directors, or the person appointed to take such enumeration,” in the nineteenth and twentieth lines in section eight, the words “three days after the third Monday in October."

Insert between the words

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hands" and "It" the words "which bonds shall be filed with the county clerks," in the seventh line of section nine.

Insert between the words "to" and " section nine, the word "be."

present" in the eighth line of

Insert in place of the words "first Monday in June" in the thirteenth line of section twenty-one, the words "time required by law for placing on the tax duplicate, the territorial and county taxes."

Insert in place of the word "annually" in the third line of section twenty-five, the words "and October."

Insert in place of the word "trustees" in the sixth line of section twenty-six, the words "board of education.”

Strike out the words "certificate from the township clerk, that such treasurer has executed and filed with him 39 a in the fourth and fifth lines of section twenty-seven.

Strike out the words " and also stating the amount of said bond" in the sixth line of section twenty-seven.

Insert in place of the words " annually between the first and twentieth of February," in the first and second lines of section twenty-eight, the words "semi-annually between the first and fifteenth days of April, and between the first and fifteenth days in September in each year.".

Insert after the word "treasurer" in the seventh line of section twenty-eight, the words "and no township treasurer shall receive from the county clerk, an order on the county treasurer for school funds, until he shall furnish the county clerk with a certificate from the county treasurer, that such settlement has been made."

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Insert in place of the words and that the said treasurer shall furnish the county clerk a certificate from the clerk or recorder, of such city or incorporated village, that such treasurer has executed and deposited such bond, stating also the amount, as is required of township treasurers in similar cases,' in the thirteenth, fourteenth, fifteenth, sixteenth and seventeenth lines of section thirty-two, the words "which after being approved by the board of education shall be filed with the county clerk."

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Insert in place of the word "annually," in the first line of section thirty-four, the words "semi-annually between the first and fifteenth days of April, and between the first and fifteenth days of September."

Insert after the word " fund," in the seventh line of section thirtyfour, the words "and any balance that may remain in the hands of any county treasurer, after deducting the amount which his county is entitled to retain, shall be paid over by the county treasurer upon the order of the territorial treasurer.

Insert in place of the word "annually," in the seventh line of section

thirty-four, the words "within ten days after receiving notice of the apportionment by the territorial treasurer."

Add after the words school funds," at the end of section thirty-four, the words, and if it shall be found that the county treasurer is unable to collect by process of law, fines, or other moneys which are by law appropriated for school purposes, then the treasurer may take from the person or persons from whom the fines or other moneys may be due, a bond with good and sufficient security, subject to the approval of the county clerk and probate judge, for the prompt payment of the amount due, within a period of not exceeding five years, and the prompt payment of interest at the rate of ten per cent per annum, payable semiannually into the county treasury, which interest shall be applied to the same purposes to which the fines or other moneys would have been applied if promptly paid, and all county treasurers shall report to the territorial treasurer and to the territorial commissioner of common schools, semi-annually, on or before the fifth day of May, and on or before the fifth day of November, and at such other times as the commissioner may require, a statement showing the whole amount of moneys collected on account of territorial, county, township and district taxes, respectively, noting all interest collected separately, and the amounts received on account of licenses, fines, &c., and from all other sources from which school funds are derived, together with a statement showing the amounts paid out, to whom, and on what account.

Insert in place of the words "twentieth day of December," in the second line of section thirty-seven, the words "fifth day of November." Insert after the word "county," in the fourth line of section thirtyseven, the words " and a statement showing the apportionment of the territorial, county, and other school funds, to the several townships and districts in his county, the rates and amounts of the several school taxes levied in the county during the past year, the rate and amounts of school taxes levied for the current year, the amount of fees for licenses granted during the past year, the amount of fines assessed, and a statement of all other moneys due the school fund, and a general report upon all matters of interest in regard to schools in his county.

Insert after the word "schools," in the fourth line of section fortyfour, the words "whose term of office shall commence on the first Monday in January next succeeding his election, and."

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Add after the word "thereof," at the end of section fifty-one, the words and the cost of printing and binding thereof, and of all necessary blanks, shall be paid out of the territorial treasury, upon the warrant of the auditor."

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Insert after the word "duties" in the sixth line of section forty-three, the words it shall be the duty of the clerk of the said board of examiners to visit each school district in his county at least once in each year, counseling with school officers, visiting schools, and doing all that he can to best advance the interests of schools in his county, and to make an annual report on or before the fifth day of November to the territorial commissioner."

Add after the word "schools" at the end of section sixty-one the

words "in the several counties in which collected, and it shall be the duty of all clerks of the district courts at the close of every term thereof, to report to the county treasurer and county clerk of the county in which the court shall be held, a statement of the amounts of all fines imposed during said term of court, which are by law appropriated to the support of schools, and it shall be the duty of all justices of the peace or other magistrates to report immediately to the county clerk and county treasurer, upon imposing a fine which is by law appropriated for school purposes, the amount of said fines, and the name of the person or persons against whom the fines were assessed, and the clerks of the district courts, and justices of the peace or other magistrates shall immediately, upon the collection of any such fines, pay, or cause them to be paid into the treasury of the county in which the same was imposed."

§ 2. And be it further enacted, That "An act entitled 'An act to amend an act for the regulation of schools in Nebraska, approved November 4th 1858,' approved January 13th, 1860," be amended by inserting in the seventh line of section two between the words “until ” and “ subdivision," the word three."

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§ 3. Be it further enacted, That all acts and parts of acts conflicting with this act, shall be and are hereby repealed.

§ 4. Be it further enacted, That this act shall take effect, and be in force from and after its passage. Approved January 11th, 1861.

AN ACT

To amend the code of civil procedure.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That section three hundred and ten of the code of civil procedure be so amended that it shall read as follows: Every human being of sufficient capacity to understand the obligations of an oath, is a competent witness in all cases, both civil and criminal, except as herein otherwise declared; and hereafter no person shall be disqualified as a witness in any civil action or proceeding by reason of his or her interest in the result of the same as a party or otherwise, but such interest may be shown for the purpose of affecting his or her credibility; but no defendant in any criminal proceeding, no Indian, negro or mulatto shall be allowed to give testimony in any case.

But no party to a suit shall be allowed to testify in his own behalf by virtue of the provisions of this section, where the adverse party is the executor, administrator, or heir of a deceased person, where the facts to be proved transpired before the death of such deceased person.

§ 2. That section seventy-three be so amended as to read as follows: In all cases where service may be made by publication, and in all other cases where the defendants are non-residents, and the cause of action arose in the territory, suit may be brought in the county where the cause of action arose, and personal service of the summons may be

made out of the territory by the sheriff or some person appointed by him for that purpose.

§ 3. That section five hundred and thirty-one of the code be and the same is hereby repealed.

§ 4. In all cases where service of a summors is made on a person without the territory, proof of such service must be made by affidavit, stating the time and manner of service, and such service shall be made in the same manner as summonses are served on parties residing within this territory.

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

Approved January 11th, 1861.

AN ACT

To regulate the toll of millers.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That all mills within this territory now in operation, or which hereafter may be put in operation for grinding wheat, rye or corn, or other grain, and which shall grind for toll, shall be deemed public mills.

§ 2. The owner of or occupier of every public mill within this territory shall grind the grain brought to his mill, as well as the nature and condition of his mill will permit, and in due time as the same shall be brought.

§ 3. The owner or occupier of every public mill shall cause a statement of the rates of toll, by him charged for grinding and bolting the different species of grain, to be posted in at least two conspicuous places within the mill, and such statement shall either be written or printed in a plain and legible manner.

§4. He shall keep in his mill an accurate half bushel measure and an accurate set of toll dishes.

§ 5. He shall be accountable for the safe keeping of all grain received in his mill, for the purpose of being ground, with the bags or casks containing the same, and shall when required deliver the same or the flour or meal thereof to the owner, or his or her agent, or order, or servant, with the bags or casks in which the same was received Provided, That such miller shall not be accountable for any bags or casks, unless the same be distinctly marked with the initial letters of the owner's name, nor for the loss of grain, bags or casks which shall happen by unavoidable accident.

§ 6. Any owner or occupier of any public mill who shall by himself or agent, or servant take a greater rate of toll than that inserted in the statement required in section three, or shall in any manner fail to comply with the provisions and requirements of this act, shall forfeit to the party injured the sum of twenty dollars, which penalty may be sued for

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