THE ADVERTISER, .
, ,,,'- i
PUBLISHED EVERY THURSDAY ET j
FURNAS &. LYANNA, j
Second Storj Hoadley's Block, Main Street,!
. DROITKTILLE, X. T.
J ... TERMS:
' fr one yer, If Ptl in advance, . . - $S 00
; " ir paid tibc eudof 6 moiitbt S 60
i it ' 12 3 00
Clot 12 or tnorc furnUhed it $1 60 per
Bam.priled thecanU ccou:poiei the rder, not
;hrwie.
VOL. IV.
A ! i ! I
. i " ;
,:,.)
Mm: IT. M 4
vy.'sy -s Ay Ay Ay Ay
t
r ii
Ay .a
Free to Form and Reflate ALL their Domestic Institutions In t&eir otto 7aj, sabject only to the Constitution of the United States."
BKOWNVTLLE, NEBRASKA THURSDAY, FEBRUARY 9, 1860.
! THE 1DYEIITJSE1V
f.ati:3 or ADVi:r.T:n:NCi
Oa jaare (10 lines or Itss) one insertion, -
One square, on month, - - - -
8jsiaeCrdJ0f ix l.u-for less, &oe rear,
ae Cvlumn one yeir, - - -.,-
Oae-hslf Column oce ffr, - -Out
fourth Column one vcar. ----Oaeel?!itU
Colutna one year, '-
OnecoScinn six rrjntts.
One hi!f Column six cK-e'.t,' - - - -
One fourth &lon;ai'.xirentl.i, - -
One eisbth Co'.atrtii six lloTitlis, - - '
One Column tfcree mici'is,
hi!f (jilmnn thrpo tio'ilh. - - - -
One fourth C-!timn three m:ntl:., - - - -
Oneeiahia CoinTrn turer-aj'Ttts, - - -
.aajancin j cind.a'.cu'or i.e (la a'iTni.ce, J
. $1 CJ
. U t
2 &
. 5 C'
. 0 i
. 20 CO
IS CO
. 25 10
. 53 CU
. 33 CV
- 3 CO
21 CO
- 13 CO
. 10 CO
. t CO
- ft ccr
NO. 31.
BUSINESS C AltDS.
ATTORNEY AT LAW,
SOLICITOR IN CHANCERY
AND
Heal Cstale Agent,
BROWNVILLE, N. T.
RSFKBNCE3.
Hon.Wm.Jesaop, Alontrose.P.
B.S.Iientlj,
John C. Miller, . Chicago, 111.
' Wm.fc.McMli.ter," '
Charlo.F. Fowler, " " "
n V Farnas,lirownTille, .T.
O. F. Lalte,
T! T.TATHIEU
(Jabinet & Y7agon-IIaker
. J. B. WESTON,
ATT0RI1EY AT LAV,
Brownville, Nebraska.
t5"0Sceoa Main Street, one door above tbe Post
; OWce. ... , ,,,.
BromTUie, ircen)eri,jf.
C. W. WHEELER,
Architect and Builder.
" MRS. MARY HEWETT
MILUIKR AHD DRESS MAKER.
Main Sty Ctff
.Uonnef ani Triwmings clwoys on hand.
JAMES W. GIBSON,
BLACKSMITH
Scond Street.betsrccn Main and ebraska ,
t BR0WNV1LLK, JN. i.
T. 51. TALB0TT,
DENTAL SURGEON,
" Haring locate! hiiuself in Brovrnville, X. T.f ten
ders Lis professional services to tliccomuiumty.
All jobs warranted.
DR, D. GWIN,
Having permanently located in
BROWN V1LLE, NEBRASKA,
Tot the T.ra'tke of Medicine and Surpery, ten
ders hit professional services to the afflicted.
Office on Main Street. "o23v3
A. S.UOLLADAY, M. B.
Benpectfnlly informs his friends in Brownville and
. mmcdiate vicinity that he has resumed tLe practice of
51ellclnc, Surgery, & Obstetrics,
and hopesby strict attention to his profession, to receive
that generous patronaue heretofore extended tohitu. in
all cae where it is potisiMr or expedient, a prescription
.buslnes-ilthedoiie. Ofllce at City Urus Store.
Feb. 24, '69. 35.1y
Mrs. Hcndgcn & Miss Lusk,
MILLINERS AND DRESS MAKERS,
First Street, bet. Main and Water,
BROWNVILLE, N EBRASKA,
Bonneti, Ilfad-Drctietand Trimming alvcyton hand
L. I.t JOHNSON, VL D.,
PHYSICIAN AND SURGEON,
Offl?e at U. C. Johnson's Law Ofl'C,
First Street, between Main and Water,
BROWXVILLB, XEBRASKA.
BT STATE AUTHORITY.
INCREASE OF CASH CAPITAL
O. L. M'OART. O. B. HEWETT. E. VT i THOMAS.
McGary, Hewett & Tlioma
ATTORNEYS AT LAW
SOLICITORS LY CIIAXCER Yi
Brownville, Nebraska.
practice in tte Courts of Nttraska,and North
wekt Missouri.
REFERENCES . i
Jfessra. Crow, McCreary &Co.,
Hon. James M. Hughs,
Hon. John R. Sbeply,
Hon. JimesCraig, -
Hun. Silus W'oh1s n,
Hon. Samuel W. Black,
$. F. Nuckolls, Esq.,
Cbeever SwcetJt Co.. .
It. w. Furnas nronllle
Brownville, X- T. Oct. 23, 185S. .
St. Louis, Mo.
Do
Do
- St. Joseph, Mo.
'. . Do
Nebraska City, Jf. T.
do
o. II. WILCOX.
T. W. BEDOUb
WILCOX & BEDFORD,
" DEALERS XX - ' '
LAND WARRANTS,
AND
E ASTER X E X C II A XCE ,
Land Warrants Loan on Tlme'
From One Month to Ten Years, i
Land Warrants Loaned to Pre-eniptors ; Taxes Paid
Collections made; Heal Estate Bout;ht and Sold ; Lands
Locatdlj aitdsafe Inrcstmcnts made for Eat tern Cap
italists. ' : '
All Land Warrants sId by us are giaranted perfect
in all respects.
fooo. ;
Acres of Choice Lands,
For Sale in Nemaha and Richard
son Counties, Nebraska.
Tbeiie lands wero selected and located immediately
after tbe Land Saies, and arc amongst the nxo&t valua
ble Lanls in the Territory.
We will sell thorn at low prices, and on long tinia to
actual settlers. '
WILCOX 8t BEDFORD,
Brownville, X. T.,Dec. 8, 1839.
JOSEPH L. ROY,
IB jEI. BBR
AND
HAIR DRESSER.
JIain Street, .
miOWXYIIaLE, W. T.
Clocks, Watches & Jewelry.
J. SCHITTZ
(TjL Would anuounccto thecitiien of Br'jwnrille
and vicinity that he has located himself in
tiijiBrownville, inUntcnls keeping a full assort.
ueni of everything in his linenf buviuess, which will
besold low for cash. He will altio d all kinds of rc
pairiDR of clocks, watcbes aud jewelry. All work war
ranted. v3nlSly
CITY LIVERY STABLE.
rhoenlx Insurance Company,
Hartford, Connecticut.
DEVOTED TO
FIRE INSURAMCE EXCLUSIVELY
Charter Perpetual.
Cash Capital, 400,000 00 Dollars.
CafcH Assctts, $5-IT,T12 37
S. II. LOOMIS.rresiJent.
' II KELI.0G i, Secrctarj.
Branch Office, 31 S 33 3d St. Cincinnati.
M. MAGILL General Agent.
Agents in tho principal Cities and towns in tbe
t'nion. Losses promptly paid. Applications rcccir
and policies issued and renewed.
O. 13. HEWETT Agent,
At Brownville, N. T.
. Brownville, 'ov. 17. lS59.-ly
WM. ROSSELL,
BROWNVILLE, W. T.
Announces to tbe public that he is prepared to accorc
m..dateth"e wiKblns with Carriages and BuKifs ; to
gether with good safe ho: fes, for comfort and ease in tra
velling. He uillalso bvftrdhorscb ty the day, week or
mouth. '
itf-TERMS FArORABLE.mCi
June 10, '68. b'Xt
ARCADE -SALOON!
MAIN STREET,
(Over Stifle k Greeubaum's Clotliiug Store,)
Brownville, N T.
The proprietor would rcppwtfu'.l.T inform the pub
"t he Las opened up and established iV.r tbe re
r 'it of tho inner tnan, at t!e above mentioned
lace, wuCe all can be accommodated with the best
f Wines and Li'juos, and enjoy the ioothing in-
r l.a.t Militv .f SAf.nr A first rl.i.a
L161T UTIBtTIlI
NEWSPAPERS,
A'D
2P erio cliols,
Of every description, for sale at
SCHIITZ & DEUSEirS
LITERARY DEPOT,
South-east corner Main and feecond,
hhownville. N. T.
fA IS.'iQ. f-ntll
SIDIII MID IMS
MANUFACTORY!
. JOHN W. MIDDLETON,
XJROWXVILEE, X. T.
TIEREBT Informs the pub'.ic that be has
located himself in this City, and in prepared
. to serve thiwc in want of anything in his line.
lletts selected his stock rith care and will manufacture
a Xo. 1 article of everything offered. He deems it on.
OeMuallT obtained in Sadlle and Harness shop.
JOHN" W. MIDDLETON'.
Brownville Mar 12. no46-6ra
BROWNVILLE
w m ESIST UL
JESSE NOEL
Havinc rented tte interest of Lake and Etnmerjon la
the Brownville Steam Saw and Gnat Mill, announces to
to the public that he Is prepared fo accommodate the
'tisensof Brownville and Xeniaha Ounty with a su
Trior qnalitj- of lnmer of all kinds. Also with the
nt Mill, t erve all In that r.ne.
; The market price at all times p.id for Lrps and Corn.
Vieold business of Koel, Lake &. Einrucrson will be
'Wed by Henry Like. All luture bnineR o inducted
tv tbe nndm-bigned. JSSE XPKL.
BrownriHe; ArrilTth, 1S53, " " ly
Hiclan's l'atcnt Cura'uination Cushions, with all the
uioderm- 1m prove men Ip, i also on the premises for
the enjoyment of all who delight in thin entlomnn-
d scieutif.a frame. EVAN WUKTHttU:
ly and scieutitus tru
Beptcmter zza, imv.
nll-6m
CHARTER OAK
Life Insurance Company,
Hartford, Conn.
Incorporated ly the State of Connecticut.
Capital Stocli. $200,OOO.
With large and increasing surplus rcceipts,seeur
ly invested under the enuction and apprcvaluf the
Comptroller of Public Accounts. ' ,
OFFICERS AND DIRECTORS:
' JAMESC. WALKLEY, Trosident. '
JOHN L. HUXCE, Vice President.
ELI AS GILL. Secretary. :
L.D.DICKEliMAX, General Agent.
DlitECTOKS:
Alfred Gill, Daniel Phillip?, John L.TJunee,
It. lilodiret. J. A. I a tier, K. D. Dickcrman
N.Wheaton, Sam. Coit. IscUon Ilollistor,
Jamc3 G. alklej.
S. B. Beresford, M I), Con?ultirr Physician. '
A. S. Holladny.M D, Sle lica) Exnininer. '
Applicatiocj received by R. W. TCUXAS. Ap'U
n8-tf Urownville, N. T.
CITY TRUHK STORE,
FASSETT & GROSSMAN, -
Manufacturers o:f
Traveling Packing
VALISES, CARPET BAGS, SC.
South West corner of Pine and 3d st's,
Saint Louis, -Ho.
D. A. C O X S TAB IaE ,
-' ' IMrOKTEK AND DEALEU IN
IRON, STEEL, NAILS,
Castings, spklxgs, axles, files
i :'ZXIiZiZjO WS,
BL A CKSMITirS TOOLS
Third Street, between Felix and Edmond, .
SAINT JOSEPH, MO.
- Which be sells at St. Louis prices for cash.
Iligbest Price Paid for Scrap Iron.
December X, lS03.-ly. j . ,.
F; IISVET. ' Cli AS. F. H0LLT.
KINNEY & HOLLY, 1
ATTORNEYS ; AT LAW,
XESJUASKA CITY, X T.
TTUl practicein the Courts of this Territory. Collec
tion anil criminal business attended to throughout Ne
braska, Wetcru Iowa aud Missouri. Will attend the
Courts at Brownville.' : v2nS3-6m
E. S. DUNDY,
ATTORNEY AT LAW,
ARCHER, RICHARDSON CO. N. T. -WILL
practice in the several Courts of the id Judicial
rutirii t ami urtvid tj !1 matters connected with the
Profession. Wm. McLesnan, Esq., of Nebraska City,
will assist me in the prosecution 01 unporiauisuua.
Sept. 10. '57-11-tf
GEORGE ED WARES,
' B.OKITE O T .
OFFICE Main St, Eatof Kinney 4- Holly'M office,
Nebraska City, M .T,
Persons who contemplate building can be furnished
u-iih nsirna pi mm Snt?ifications. S.C. . for buildineoi
anyclass or variety of style, and the erection of the
sasnexupermtendedif desired, rrompt attention paxu
to busiuessfroni a distance. ' till
FIUNKLIN
TYPE & STEREOTYPE FOUNDRY
No. 108 Vine St.. bet. Fourth ana Fift'n, '
Cincinnati, 0.
C. F. O'DRISCOLI, & CO
Manufactnrer and dealers in Sews, Book and Job
Type, Printing Presses, Cases, Gallies, Ac., Ac.
Ink?, and PrintinMatcrial of Everv Description,
STEIIEOTYPINCJ of all kind Book?. Music.
PatentMedicine L)irections.Job8,V:'ood EngreTingJ,
Brand and Pattern Letters, various styles,
SAINT JOSEPH
FBSIALES" COLLEGE,
ST. JOSEPH, MO.
WILLIAM CAMERON, A. 11., Principal.
Completely orsanized as a firit classFemale BoardinK
and Day School. Number limited to 125, including 25
boarders. Scholastic year commencing first Monday In
Sontember. For Catalogues, with full particulars, ad
dress the Principal .
ylUgUSt.itH, I3CJ. .. "'..,
A. W. ELLIOTT,
ul 3Ais ery
SEED AjDEP0T9
Cor. Rroadtvaj and Wash Street.
ST. LOUIS, MlbbUUKl.
rr ....rMxicori thn pntire Kurserv stock of John
Siiruersunii Bro., 1 am prerared to ofl'er to the public
the largest and bebt seiectea sioca oi rruiv ouauc, u
Ornamental taess, nhrubs and plants ever offered for
sale in the West. We are determined to offer such In
ducements to tree planters and tbe trade as will ensure
the most entire saDsraction. uescripiiveraiauui?..!
be lurnished, and any information given, by addressing,
. it. T 1 T TAT'P
Saint Louis, JIo.
November 35, 'GD-Iy.
We are now preparedly fill all orders
ie with promptness anaonite
casenubie terms. t.turnora5
rnmnlrttpiinit All if tiHT own
manufacturicg. Those in want of artictes lit our line,
(wholesale or retail) will do well togive us a call be-
G I iJf.Wlarpe and
fore puvchasins eUcLere.
apeif nolicited
bhare of public p.itron-
ni33-ijr
JAMES. HOG AN,
a vn
BLANK BOOK 31AKUFACTFBER.
SoutJipa.t cr. Snd aiid Locust St's
ST. LOUIS, MO.
tutiniiinf ni.nV R, io lis mide of the heft rarer, ruled
to any pattern, aud sewed i a tue net? improved patent
mfxle. " ' "
LirKAILIiCS TERIOUICAI.S.MUSIC.&o,
bound in any strle, and at the shortest notl e. . ,
lTavirp Kn a u-t cifi thp Prtninni at t"5fl last ifft
chanic't Fair, be feet cir.dnie'it in injuring satisfaction
to an wtio may cu e hiiu j call. .
Jv.ly S2d,l6&j. " ' lyv?
Pioneer OooKbindery
AXD
nmm b a ok
' Manufactory.
COUNCIL . BLUFFS, IOWA.
WILLIAM F. KITER,
Would resnectfullv inform tbe citizens in Western
Iowa and Nebraska tUat ho ha opencl a first class
Cindery, and Iho only ono ever extiibliabed in thi3
section of country. I am now preiArcdto do all kinds
of work pertaining to the busmen.
Harper s, Graham s.uodej s, reterson s, Arthur s
. : , liallou'a. Frank Leslie's, Kuiukboekcr, Wa
ver!, Hunt's, and Patnara's Magnzine8, .
Xcw York Ledger, I'allou'rPicto
' rial. Harper's Weekly. Scien
tific American, Yankee
Motions, lu?ical Review. Les
lie's Illustrated, Ladies Hepository,
Ladica Wreath, . Atlantic Monthly,
. 5'r.sic, Law, Books, and XcwFpapers. or
books of anv kind, oldornew. bound or r bound
in the most approved styles, on short notice and low
prices. Old family Billed rt bound so as to look and
wear equal to new. ! .
August 21, 1353: . " n7-ly
i KUOWX CL.IXTOX,
; PRODUCE DEALERS, .m
Forwarding & Commission
MERCHANTS,
No. 78, North Levee, St. Louis, Mo.
Orders for Groceries and Manufactured Articles accu
rately filled at lowest possible rates. Consignment for
gale and re-shipment rcspectully solicited. Shipments
of all kinds will be faithfully attended to.
Eeferrences :
' , Messrs. G II Bea it Co St. Louis
Birtlett. McComb & Co do
. Gilbort, Miles &Stannard do
Hon. W n BufTlni'ton, AuditorState of ilissouri
JQ Harmon, Esq, Cairo City. III.
Messrs Jlolony, Bro's &.Co' NewOrleans,Louisiana
J D Jackson, Esq., do do
Messrs Hinkle.GuiM & Co, Clccinnati,0.
F Uammar&Co d
Brandell & Crawford Louisville, Ky.
Wooiirnfr&IIuntington, Mobile, Ala.
IT.BiHintrs, I'.sq., Beardstown,Ill.
May 12, 1SSS 45-3m
A. D. KIRK,
Attorucr at Law,
Land Aj?eat and IVotaxy Public.
Ruio, Richardson Co.,. T.
Will practice in the Cunrtsof ssistcdXebraskaja
Aflardingan i uenaett, Nebraska l.ity.
' ISHALI REAVIS,
ATTOKNEY AT LAW,
HEAL ESTATE AGENT,
Palls tJity, Richardson County. Nebraska.
Wi J fC re prompt attcnti n to ail professional busi
ness intf astcd to hiscare in Ri-bardson and adjoining:
Ciuntie; also to the drawing of deeds, pre-emption pa
pers, fcc, e. . ... .M.yl3.'fcS ,n46-m
HEDGE FEHCIHG.
Th ennSerflgnttl havine had consideraMe experi nee
t plantiu? acd cuitivatiur Osase Oran?e Hedges, here
by inform tl.e public mat tiey are n.rw prepared to con
tract either pUniin?, setiing them out, or grcwira na
cultivating the fence , complete. . Growing edges of
their plantios c.n l.e Ei?fii on tbofa'-ms of S. W Ken
nedv, G. Crow.,. ices and others in this county
i D. C. Jt T. N. J.NDEES.
Sept. 5, lotf ; . i r.x . . .
REPORT
, Of Commissioner of common Schools.
Omaha, Jan. 3, 1S30.
To the Hon. the Council and House of
' Representatives of Nebraska;
. In accordance with the requirements of
Sec. 52, of "an act provi iing for a belter
regulation of schools in Nebraska," ap
proved Nov. 4, 1S58, I have the henor to
submit the annual report of the School
Department. :. . , : .- . ,
On assuming the duties of ray office I
addressed a circular to the Clerk of ach
organized county in the Territory calling
for an enrly report upon lhe condition of
schools in their respective counties.
Nearly all have responded to the call, and
the accompanying documents are the re
sult, .
Much difficulty has been experienced
in the organization of our Common School
system, from the iodefiniteness of the
word "Township" in the law, and there
are no civil or municipal townseips in the
Territory, and no law for their organiz
ation, but little could be done outside of
the incorporated cities and towns; conse
quently a full enumeration of scholars has
not been taken in the rural di&tricts. As
it would manifestly be unjust to distribute
the school monies collected during the
past year, as provieed for in tection 31
of the law upon the partial enumeration
roturned to this office, the time for mak
ing the full returns shou d be extended.
The amendments which have recently
passed the Council, should they become a
law, will remedy the above, and, other
defects in, and objections to the law as it
now stands. ; . - '
The amount of taxes due the Territo
rial Sohool Fund for XS59, on the assess
ment rolls returned to the Territorial Au
ditor, as provided for in Sec. 60, is $15,-
216 60, and is made up as follows:
liurt County, S 2S0 54
Cass , 2,192 15
Cedar . , 37 41
Dakota 216 49
Dixon 64 48
Dodge 318 89
Douglas . 6,318 10
Johnson 135 90
Nemaha . GS7 68
Otoe 2,375 85
Platte ' '. - 47 89
Richardson' ' ' ' -408 79
Sarpy ...'', 1069 60
Washington , , 762 33
.Total 815,216 60
I am informed that there are other
counties from which a school tax is due,
though I am not infjrmed as to the
amount. '
There should be' due in the several
counties for poll tax, license fees, ferry
charter fees, fines, &c, an aggregate of
near, if not above 810,000 or say a
grand total of 825,000, to be applied to
educational purposes, exclusive of local
taxes, for building and furnishing school
houses, supplying deficiencies, &c. No
library tax has been collectedas far as I
can learn, in any of the counties.
. The report of William R. Craig, for
mer Superintendent of Common Schools
in Otoe county, shows that he paid, tho'
he does not state the amount, a sum of
attorney fees in contesting fraudulent
entries of school lands, and has agreed
to pay a contingent fee of S300 more in
another case. I am unable to find any
authority of law for such a disbursement
of school funds. There should be some
one authorized to settle the accounts of
county superintendents under the old
law.
Several instances have been brought to
my notice of the fraudulent entry of very
valuable school lands, which might be re
claimed to the school fund, if there were
any way provided for the payment of the
necessary expenses of suits brought for
their recovery. In other instances, school
sections have been stripped of valuable
groves of limber, which might have been
prevented had there been any "person
authorized to look to the matter, and dis
burse money for the protection of school
lanJs. " I would therefore respectfully
suggest that a memorial be presented to
Congress, asking the present use of school
lands, on condition that the Territory
protect them from depredation. Could
we get control of the school lands, for the
purpose of renting them, I do not doubt
that a very handsome revenue might be
derived therefrom. :
I have opened a correspondence with
several of the State Superintendents of
Public Instruction, with a view of acquir
ing for our Territory the benefit of their
longer experience in the cause of popu
lar education.
I have received from several publishers
of school books, copies of their publica
tions, and have been offered more by
others. As soon as I can obtain the dif
ferent series of common school '. books, I
shell call together a committee of - teach
ers, and submit them to their examination
with a view to recommending a uniformi
ty of text books in the Territory, as it is
highly desirable that the best series
should be adopted in the commencement
of our common school system.
The reports from Nemaha, Cass, Dou
glas, Washington, Otoe, Dixon, and eth
er counties, are very creditable and en
couraging, taking into consideration that
this is the first year of the law, and the
seeming difficulties in organizing under
it. All of the counties seem determined
that, before another year is cut, a much
more prosperous condition cf schools
shall be shown, provided the Legislature
will aid them, by enacting such amend
ments as will enable them to fully organ
ize their school districts, ; .. .
It is to emigration that we look for the
means of developing the resources and
prosperity of our Territory, and that we
can only secure by showing the emigrants
that we pay some regard to the welfare
and happiness of our people. Almost the
first question: asked by the better class cf
emigrants is in regard to the schools; for
but very few would be willing to surren
der the advantages of an education for
their children, for the other advantages
to be found here, considering that para
mount to all others; and that to good
schools more than anything else, depends
the welfare, happiness, anu prosperity of
the country. ' '
All of which is respectfully submitted.
WM. E. HARVEY,
: ' . Com'r of Common Schools.
AN ACT
To amend an Ad entitled an Act for the
better regulation of Schools in Yebras
ha. Approved Nov. 4, 1853. '
Src. 1. Be it enacted by the Council
and House of Representatives cf the Ter
ritory of Nebraska. That for present
School purposes, and until by future en
actments, 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. ( )
Sec 2. That. where no sub-districts
exist, the qualified voters of the elective
precinct shall elect a board of education,
consisting of three citizens, on the same
day and in the same manner as provided
in Section 2 of the act to which this is
amendatory, for the election of School Di
rectors of sub-districts. And said Board
shall have all the powers and perform all
the duties, both of the Board of Educa
tion 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.
Sec 3. ' Any and all sub-districts in
this Territory which have failed, for, any
reason whatever, to make reports as re
quired by law, and hereby authorized and
required to make reports on or before the
first day of March A. D. 1860, direct to
the County Clerk of that county in which
sub-districts are organized.
Sec. 4. That Section 13 of the act to
which this is amendatory shall be so am
ended that no sub-district shall contain
within its limits less than ten scholars by
enumeration.
Sec 5. That section 21 of the afore
said act shall, be so amended as to limit
the estimates for Central or High Schools
to cne mill on the dollar, and to require
the estimates of the Board to be made
known by certificate in writing, on or be
fore the first Monday in April in each
year.
Sec 6. That section 60 of the afore
said act be so amended as to read as fol
lows: "Sec. 60. For the purpose of af
fording the advantage of a free education
to all the white youth of this Territory,
the Territorial Common School fund
shall hereafter consist cf such sum as will
be produced by the annual levy and as
sessment of one mill upon the dollar valu
ation on the grand list of the taxable pro
perty of the Territory, and there is here
by levied and assessed annually in addi
tion to the revenues required for general
purposes, the said one mill upon the dol
lar valuation as aforesaid, and fhe amount
so levied and assessed shall be collected
in the same manner as other Territorial
taxes, and when collected shall be annu
ally distributed to the several organized
counties of the Territory in proportion to
the enumeration of scholars, and be ap
plied exclusively to the support of common
schools, Provided, That all colored per
sons shall be exempted from taxation for
school purposes.
Sec 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 incor
porated villages. .
Sec. 8. That sections 55, 56, 57, 58,
and 59 of the act to which this is amen
datory, be and the same are hereby re
pealed. ' .
Sec 9. This act to take effect and be
in force from and after its passage.
Approved, January 13, 1860.
AN 1CT
To provide for the selection of lands in
lieu of Sections 16 and 36, iv cases
where said sections, or part thereof, have
been sold.
Sec. 1. ' Be it enacted by the Council
and House of Representatives of the Ter
ritory of Nebraska, That the Territorial
Commissioner of Common Schools be. and
is hereby, authorized and empowered to
select lands in lieu of Sections 16 and 36,
or any part cf said sections which may
have been sold by the General Gorern
ment, 1
Sec 2. That all necessary expenses
incurred by the said Territorial Commis
sioner in the selection of lands, shall be
paid by the Territorial Treasurer on the
warrant of the Auditor.
Sec 3. This act shall take effect and
be in force from and after its passage.
Approved January 13, 1660.
"Well," said the: old lady, throwing
down the newspaper in disgust, "I do
think, they ought to make Mr. Sherman
Speaker without any more talk. If them
fellows only knew what a heap of good
j his lozenges had done, it would certainly
niCYe their bowels of compssioa."
V 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 Ter
ritory of Nebraska. That on all judg
ments and decrees hereinafter rendered
in any of the District Courts of this Tei
ritory, there shall be a stay cf execution,
order of sale, as the case may be, as
hereinafter provided.
Sec 2. The orJerof sale on all de
crees for the sale of mortgaged premises
shall be stayed for the period of one year
from and after the rendition of such de
cree, whenever the defendant shall desire
such stay, and shall .within twenty days
after the rendition of such decree file
with the clerk cf such court a written re
quest 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.
Sec 3. .Execution on all judgements
hereinafter rendered in said courts shall
be stayed for the period of one year frcm
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 cf real estate
in the county of sufficient value over and
above encumbrances to pay such judg
ment. ' ' ,
Sec. 4. On all other judgments or de
crees of said court, execution or order of
sale, as the- case may be, shall be stayed
for the period of one year, whenever the
deft, within twenty days after the rendi
tion thereof, shall enter into a bond to
the plaintiff, with one or more sufficient
securities, residents of the county, to be
approved by the clerk of such courtj con
ditioned for the payment of the amount of
snch judgment os decree, together with
the interests and costs that may accrue.'
Sec 5. That the fifty-eighth section
of an act entitled an act to establish a
cede of civil procedure, approved Nov.
1, 1S53, be so amended as to read as fol
lows: . Whenevsrthe time for bringing parties
into court is not fixed by statute, the sum
mons shall be returnable on the second
Monday after the day of its date) but
when issued to any other county than the
ono in which the action is brought, it may
be made returnable at the option of the
party having it issued on the 3d or 4th
Monday after its date. It shall state the
day of the month on which it is return
able. Sec 6. That section one hundred and
two of an act entitled an act to establish a
code of civil procedure, approved Nov. 1,
1853, be so amended as to read a3 fol
lows: The answer or demurrer of the defen
dant shall be filed on or before the third
Monday, and the reply or demurrer of
the plaintiff, or on before the fifth Mon
day after the return day of the summons,
or service by publication.
Sec. 7. The supoena3 in Chancery
shall be made returnable within the same
times as is provided by the fifth section of
this act for the return of summonses in
suits at law, and in cases where the def
endant may be brought in by publication
of notice, in suits in chancery, the defen
dant shall be required to- appear and an
swer on a day named in the notice, and
in all chancery suits the issue shall be
made up in the same manner as respects
the times of filing the respective plead
ings, as is provided by the sixth section
of this act in suits at law.
Sec 8. That section 416 cf an act
entitled an act to establish a code of civil
procedure, approved Nov. 1, 1S53, be so
amended as to read as follows:
Whenever hereafter execution may be
levied on any lands and tenements, the
officer levying the same shall call an in
quest of two disinterested freeholders,
who shall be residents in the county
where the lands taken on execution are
situated, and administer to them an oath
impartially to appraise the property so
levied upon, and euch officer together
with said freeholders, shall appraise said
property at its real value in money, and
each appraisement shall be signed by such
officer and said freeholders respectively.
Sec 9. That section 4 17 of an act en
titled an act to establish a code of civil
procedure, approved Nov. 1, 1S5S, be so
amended as to read as follows:
The officer holding such appraisement
shall forthwith deposit a copy thereof in
the office of the clerk of the court from
which the writ issued, and shall immedi
ately advertise and sell said real estate
agreeably to the provisions of ' this title,
but in no case shall he sell any such land
fcr less than two thirds the appraised va
lue thereof.
Sec' 10. That section 413 of an act
entitled an act to establish a code of civil
procedure, approved Nov. 1,1858, be so
amended as to read as follows:
That nothing contained in thisand the
preceding sections of this title shall- in
any wise extend to affect the sals of any
land by the Territory, but all lands there
in the property of individuals indebted to
the Territory for any debts or taxes, or
in any other manner, shall be sold with
out valuation for the discharge of such
debt or taxes, agreeable to the laws for
such case made and provided. ' '
Sec 11. That all sale os land3 and
tenements under any decree or order in
chancery shall be in accordance with the
provision regulating the sale cf real es
tate on execution as provided in this act.
Sec 12. "That in all cases where real
estate may hereafter fca levied upca by
virtue cf any execution, cr crdcr cf sale,
and shall have been appraised and twico
advertised and cflered for falj, and 'shall
remain untold for . want cf bidder, it
shall be the duty cf the officer to cause. a
new appraisement of such real. es'.cte to
be made, and successive executions or or
ders cf sale may issue at any time' in va
cation after the return of the officer not
sold for want cf bidders at the request cf
the plaintiff cr hb attorney. . . ..
Sec 13. Thai all actior.3 and suit3
now pending, shall be' conducted to final
judgment and decree in all respects aa
though this act had not been passsd, pro
vided that all sales cn writs and on.1. era
hereafter issued shall be conducted ac
cording to the provisions Lereof; provid
ed further that executions and orders cf
sale shall be stayed on all judgment j and
decrees hereafter rendered according to
the provisions cf this act. ; -;
' Sec 14. That sections cne. two and
four of an act entitled an act to amend
chapter second cf the laws cf 1557, rela
tive to District Ccurts, approved Oct. 14,
1853, and all other acts and parts of acts
inconsistent with this act be and thi? same .
are hereby repealed. Provided that this
act in no way e:iect uo tia cr redemp
tion, or any right of the defendant where
lands have heretofore been sold, or may '
hereafter be sold under anv judgment or
decree hereafter rendered. ? v
Sec 15. This act shall take eflect.and
be in force from and after its passase.
Approved Jan. i J, Ibbu. .
Speech cr IIou. J. P. Baker of Xc
raaiia Co. on the Slay Bill.
Mr. Speaker: When this bill was
under consideration, cn Friday last, , and
its friends proclaimed thas it was intend
ed for the benefit and r.dief of embarras
sed debtors, who, under the preseLt ex
isting scarcity of money, were ULatle to
discharge their indebtedness without sa
crifice and ruin, I fel: disposed to contri
bute my feeble efforts to accomplish so
humane an object. . 1-
Believing that the best interests of the
Territory would be subserved by protect
ing, so far as possible, the 'farm and
homes of its settlers, I became ccr.four.d- .
ed with the unjust and inhuman features
of this bill, as, section after section, it '
revealed its true tendencies; and. now,
after fully considering its provisions, I;
have come to the., conclusion that, what-'
ever might have been the intentions cf
the framers of the bill as a relief tnea- '
sure, its practical effects and results
would be to relieve the poor embarrassed
debtor of his property without a consider
ation, and, in many instances, without re-
lieving him of hi3 indebtedness.
This bill, as amended and perfected by
this Hoiioe, proposes twelve months stay'
of execution after judgment hall have
beenobtained, provided the debtor will
within twenty days, gire ample security
for the payment cf the debt, interettand
costs; but repeals the present appcarar.co
term, ana also the appraisement and va
i
th
uation of the property, and the provision
hat it shall net sell fcr ks3 than two "
thirds of the appraisement.
Now, sir, if this bill should become a '
law, I honestly believe that its practical .
workings would bo most disastrous to tho
unfortunate debtor. For instance, if a
man owning a farm worth S 1,000, if sued
under our present Iat,-s, would by rirtuo
of the appearance term, have six months
stay without further securitv: and aftrr
judgment is obtained and his property has
to do soia to malic the money, the ap
praisement law requires that his proper
ty shall not be scld fcr less than two thirds
of its value, which would be $CC7; hi3
farm would either not Le fold, cr, if sold,
his debt would be paid and he wculJ re
ceive the surplus, seme 8300, with which
to begin again. But should this till be
come a law, and the 8200 to bo collected
according to its provisions, judgment
would be obtained at the first term of .
court after suit i3 commenced, and with
in twenty days he appears before the
clerk cf the court, claiming the stay cf
execution. Although he may ihow satis
factorily that his farm ; is worth G1,CCQ, '
and is unincumbered, he may yet be re
quired to give additional security, by rea
son of the possibility cf the farm net
bringing 8300 at a forced tale. Owing fo
the extreme scarcity cf mcney, he nTay
not be able to give additional security, .
and an execution is issued. If the sherilf
fails to sell it for what he shall consider
two thirds cf its value, within forty davs,
he shall then proceed to sell it fcr what
ever sum it will bring, and it may ba bid
off for 8100, or even , less, and hi: will
thu3 be stripped cf his property, and his
debt remain unpaid, a judgment cf S2C0
still hanging over him to relieve him
again and again, should -he be able by .
his subsequent efforts ta accumulate any.
On the other hand, should he:bo able to
procure the required security, he may not
only ruin himself, but hi3 friend also.
Sir, I hope this till may not pas3 ia its
present form, it i3 unjust ia it3 provisions
and destructive of the best interests cf
the Territory. I appeal to this House ta
recommit the bill, that it may be s j am-.
ended as to meet the just demands cf thj
oppressed debtor. : i
One great secret cf the speed cf Flora
Temple, the fastest trotting horse ui the
w.rld, has been discovered. It ha.i been
found by measurement that her stride "
small as the animal herself is is "crnicl
to a sixteen-hand horse." Sh v.ins ty
herlont;. low, locomotive stvle cf "up?-
L which works with the savic" cxa::itt tle .
of machinery, and watrs i o- paw.T, in
unnecessary action, or in whit is moro
graphically termed "atyle." , '
