Furnas R W
- m.
Til B ADVERTISER-
rBbllilied every Thursday by
CAFFREY & HACKER,
Proprietors.
THE ADVERTISER
ADVEiiTigiNt: rates.
Italllnch S0ll.0,I0 JZ.00 J-XSO .G0 S8.OT
flcej(o.74 "McPhcrson" HlocU, upStaTrfc,
BROWN' VILLI?, NEBRASKA.
Onelnch., 1.00 l.iO 1W i, 5.00 7.80 100
Ttvoinchrs. 2.0)i 2.75 rUe l.(Xr 7.C0 JO.OO 1.C0
Three Inches XtW 4.00 o.OOr 6.DD IWtt 13.60 M.&o
Six Inches ' 1.00 7.00 S.00 10:60 tSM 20.00 J.flO
Ttolve inches- !.oo io.ro lioo 15.00 3U3? 34.DO flo.fn
Onecoliimn is.00 13.00 20.00 25.00 sfc.0Q-gO.CT 10fc$0
Iirralaijr iilsKnehts atleirnlrntp- hti.okiri!
Torms, in Advance :
' i
CsT? oneyesr
tree . Rlr m"nths
; three months
82 00
1 o
50
(lOUneof Xonrnretl space, or less,) first insertfon
Jl.ef - i.i-liinhpfinpnt(rjsertIon. 50c.
Aii transient advertisements must be paid
for'n irtvance
ESTABLISHED 1856. l
Oldost Paper in the State.
BROWNVELLE, KEBRASKATPIURSDAY, APRIL IT, 1873.
VOL. 17.-N0. r,
UE VDINO X-VTT'Ett OX EVERY PAGE
OFFICIAL PAPER OF TIIE COUNTY.
Qtfil' It 1u
orAti1. .3 i."; x Ji' z.7? i
ir-s c Ji -A -o i-x S--S
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5
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1
BUSINESS CARDS.
ATTOIIXEYS.
J. II. Uroacly,
AND COUNSELOR AT LAW.
A 4 y,.". tn-er StHtw Hank. IlrnwnvIlL .Nfo,
.. ..-,-
K. AV. Tlioinati,
TT lKNFY AT LAW. Oince.rront room over
A i.t wm Cross's Ilurdw'nre Uore. Urown-
: n''
Sidney French,
, I-.EY AND COUNSELOR AT LAW.
' ' over IVt Onicc. Uro nvIlIe.Neb. 13yl
Slull fc SclilcU,
A'
,pE AND '"OUNSULOKS AT LAW.
..,"bf consulted In the KiikIIhIi and Oer
n etla. OHlce, No. 70 Main Htreet.(up
aruwiiiille.Neh. sVly
IV. T. iloRcm,
ItXEY AND TCN.i:LOn AT LAW.
Kive ilillRent attention to any leital
-t-iitruiusltolilscure. Office in Court IIuse
r a
A
S Hruvmvllle. e
Hcvett A. Newman,
7:.)HNKYH AND COUNSELORS AT LAW
, ' r jwii Ille. N-h.
N
T. OI.Ifi!s. Attorney at Law and Land A sent,
, -a'ri . Jajff Connt . enraKa.
vnxsxcwTts.
. H'H.LAOAY. M. .. Physician. Surpeon
' , jlt-triciaii. Graduated in ls51 Loca-
r miMIU- IimS. OHUv. Lvtt A CTclislis
r. MffiH'rwn ;illock special attention
i f r."telr!c mid dl-eafcs or Women and
lo Cm
t
r.l WA11T, M. I).. I'livslolaii and Surgeon.
- i,ville Neb. Olllce hours from 7 to a a.m.
,..!, to 7;2 p. m. oillwiii H. C. Letts
n.1
"1 1 JI EV?, TJivMclan and Surgeon. Oillce
4 v IruK hlore.'No. 32 Main street. Ilrow n-
OTMUKS Ai COLLECTION AGEXTS
.T. W. Ilruuh.
t- I tr THE rEi"K AND COLLECTION
S4- IMHlon l'reclncl. Special attention
J
, - . h(. a-.HIICI.Hin I nii- nun i"H" "
K ... ..-..... ...... III.. V..YtU-
j r", 1' 'its. AUUflM inn i J- ufu" " ""- " ""
L- N--l 301y
L. A. IlerBiiiKinii
'OTLY
ITIILIC ANII i(l.VKU.Mrji.-
1 fs i N
t,Z Main atre.'t. Ilrownvllle. Nell.
1 V tf'KIMIT.NoUrvl'ulilli-awl Conveyancer,
h, v - M .in slrti-t. .vcond Hour. Hrounville,
.-l t i furtiie l.iiutabl'
and American Ton-
e L in-un-wi' compan:i-.
DIIUGOISTS.
Lett A3 CrtlirSi,
Ti ' .'.IT am! dealers in i'aliitH. Oils. Wall
I) iUi-r etc .Vrl'lier-on Jllirk. No. CS Main
htr?et lr-.wm i!le. Neb.
MUamammJ
I.VXI) ACKXT.S.
i p iin..Vhl.L, Ileal Estate Hiifi Tax Paylnc
. ir wi'ie in 'u;s-eil Ulocls.i-.triier First
ar i "tiix sireei-s. Will Biepminpt attention to
f i ,,1 Ke.l Lstate and the Payment of I axes
thr h Ji ! Ni-mahu Land District. tl
T H II MM V. IIl'(iIII. Heal IMate AKentand
IV .n PJ..HC. tllHcein northeast corner Mc
? er i- s lUm-k. upstairs. Hrounville, Neb.
11T1I I I KM JI. IIOOVEH. Heal IMate and Tax
l'a. tis K'Ht. Oilii-e in Instru-t Court Uoom.
W e uroiiMit attention to the sale ol Ite.il ls
Utf.i.l 1 ayiiient of Taxes throughout the Nemaha
LulJ 1) strict.
OKA IK DEALEUS.
Geo. G
Start,
lAII
MI IiKALKK IN tJUAIN NIJ AC.UICUI-
tira) Impleiiients. and Morase. ForivarUuiK
i. ninltsioii Mi reliant. A -pinna!!. Neb
SA11ULEIIY'.
I II HAT Lit. Harness. Hridles. Collars Ktc No
i.j M..!..sireet. Hrounville. Neb. Meiidinjjdolie
rJtr -atlstactlou liuranteisl.
ItKIDOK IHUI.DIXG.
. niEl-:LER.HrMleBuiWrand Contractor,
it. .iKnuiii. sjftti ..lf.acrniit for It. W.Smltll 13
(
HOTELS.
i Mi Ml W Iinr'K. L I : .'.is- n Proprietor
i It jit street beluis-u Maui and t 1K'K' Hood
Ke 1 a J LHerv Uibie in i-oiiiieitiun with this
II .e
OU.V SMITH.
I I i It Ili)CK.iun Smith A Lock "Snuth.
- pal No. - Slam street. Hrou ti ille.
r.i-- t i.iuis made to order. .mdrepairiiiKdoiie
, i SI l.eup r-iles. '.Vt-
niACIsMITIIS.
I W .1 J C. ;IH-)N. Hlaeksmitlis and Horse
if.- ... rs Fir-i street. between Mam and Atlantic.
Hn Mc Seh. Work done to orderandsatistae-
t: 1 iraiitred.
i i -- ii.ii ' -. . "
BOOTS AXI) SHOES.
i iv iliiBIN-ON, Hoot an-' hoe Maker. No.
A Mam street. Hrovn ille. Neh. Ha-constaiit-1
3 nn.l a good assortment ol Cent s, L-id s,
M - a id Children's Hoots and shoes. Custom
wri ' j -Willi neatness and dispatch. Repairing
d r slmrt notice
SALOOXS.
J NM'iI lirnOAKT .t CO Peace and Quiet Sa
' i s t ) ,1 Main street. Hrow in ille. Neb. The
t
A s and Liquor-kept on Imnd
L. A. Bergniann & Co
Manufacturers of Cigars,
and Wholesale Dealers in
Chewing and Smoking Mace,
m TrAcrntr.i:s a;i nt- foh
COL1IAPKSTOHACCO
Criers from the country promptly filled,
nd satisfaction guaranteisl.
Ducking Powder -"
kinds ok Ammunition
Tot saler
TrSDEL & RICHARDS.
Clocks, Watches, Jewelry
JOSEPH shutz,
"No. 59 Main Strt, Brownvillo.
Keeps constantlv on hand a large and ell
sorts3 stock of cenume articles in Ins line.
KfpaUnc or Clocks. Watcr.es nujctj
done Oi short notice, at reasonable ratos.
ALU uiCJi WA1ZKA.STED.
PHATSZ HELMER,
f uon &8lacksmithJhop
ONE nOOIt WEST OF COURT 1TOVSK.
VAROX MAKING, RepairinfC,
Plowh, an.I all vrk iloni' in the best
manner ard on sliort notice batisfaction RUran
1ea (ttvt'Uimarall ,J lr.
J.G.RCSSELLy
Dealer In
"!WINFS.i(ilinBUr.lfiJlRS
" WH0I.ES.iLi: AM) KETAIL. fcJ t
-12 Main Street,
B"RO7ISr-VrITJX.-B, NEB.J
3
W. T. MOORE &. CO..
Commission Merchants,
SHIPPERS.
AND DEALERS IV GRAIN ANDCO L,
72 Jlnln Street,
Krowuville. Vehtaska.
jji
FOB PRINTING
OT? JIT rivnn
Neatly atid Promptly Executed
AT THIS 0FFKIE.
9R C B N V r". ?Mt PI 91
PERU ADVERTISEMENTS.
Inmrnnce not a Privilege Ijut n Duty.
Continental Insurance Company
OF NEW YORK.
Aetn over ......
Lohspn pnitl In ChlrnKO.
Losmch pnld la Hoston, .
. 82,000,000
. 3,500,060
500,000
rm made a Hpeelalty, upon Iheltjstal
rdl 111 tn on t or Annuiil Premium plan,
D Jclrc for ,,ve Ypars; less tliau live yearn,
fllorvo slock plan.
Insure against loss or damno bv FIrp and
LlKlitnln bulldtngnand contenlnjiay.tjrain
and 8toek. GEO. T. HOPE, Pres.
Cviics I 'kck. Sec.
C.J. Bakiick, General Agent, Omaha.
P. M. MARTIN,
AGENT FOR NEMAHA COUNTY.
I3RrsTES & MOODEY,
JJAVIIJ IIAKNHS. S. S. MOODEV.
DEALERS IN
GENERAL
BOOTS,
Queensware,
SHOES,
PrlnsRwarfl.
clot;q.hing,
JiATS,
CAPS,
LAMPS of the
Latest Styles,
In great
K
variety,
DBIIiTIIEI
A FULL
H
LINE OF
Monl ( dings,
ror j p ror
Picture' jCJ -Prarnes.
IIIGIIKST MARKET PRICE
r.vin Kon
CS- 3E. jfiL X T&
For Prckent or Sprluj; Delivery.
We are constantly filling up with new goods
which we
SELL XCnV DOWN
tohtilt purehasern.
WE REFER TO OUR CUSTOMERS.
S. R. DAILY,
DRUGS, MEDICINES,
CHEMICALS,
FINE TOILET $OAPS,
rp. runcj uuird mom urusni-a.
Perfumery,
Toilet Ax'ticles,
tosses, snoriiOKR uraces,
7m and lr rJtnStfdx,
PURE AVtXES AXD LlQ,TDORS FOR
MEDICINAh PURPOSES,
Paints, OH--, Yarnislips anil Dye Stuffs,
Letter Paper, Pens, IuUs, Envelopes,
GLASS. PUTTY,
Carbon Oil Iunps ami Chimney.
I'lijsiriaii's Prescript inns Carefully Compounded
PSED, LIVSR1T
AND EXCHANGE STABLE
Would respectfully announce to the citizens
if Peru and.vlclnt"ly, that he has opened out
.A.T PERU
with a fine array of
Stock, Carriages & Teams
AND
A So. 1 Saddle Horses.
OPEN AT ALL HOURS, DAY OE NZQHT,
to accommodate the pleaMire seeking
public.
Wo. 1 GALLANTS ?
to drive teams if desired.
I holleit a liberal share of the public patron
age. Very ronecUully your.,
"JACK.
All Aboard
THOMPSON'S
11. S, Mail and Transfer Hacks.
RUN DAILY' FROM
PERU, NEBRASKA,
to the following polntsj ,,
No"bi-jik making connection with trains
City, tlle Midland raclflo It. It,
Browavillo nd return dally.
Wntson Sta- maklngconnectionswlthnll
nn Mo., trains uu tlie'K.C.,SLJoe.fc
f . ii. n. n.
PASSENGERS AT LOW RATES.
FREIGHT AND EXPItSS of ail y : M J-.
transforrod on tliese routes .rill PvlIlUb
at reasonable rates.
- All orders left with GEO. A BROWN,
Win. at the P. O. in Peru, Neb., will be
promptly attended to.
"Moso" Thompson.
C. W. CIXBERTSOX,
BPEHTER BUILDER
CONTRACTS TAKEN.
Material Furnished when Desired,
a terms and rates which defy competition.
Aldress, or call at Shop, corner Filth and
Ptrk streets, Peru. -Nen.
Vi.
Refers to
II. IrlLLr.Tl,
M. WILES. Syl
CHARLES CtAEDE
PROPRIETOR.
Guests received at all hours, DAY
and NIGHT Connects with
Livery !Stiille
under same management.
iCareful attention given to the
wuntK of guests. We refer to the
traveling public
l U I I SOLE J'ROl'ltlKTOR.
L'V till i I ihas the .-xeliisive right
I T JLJJLJjLJ-t ptilting in BORED
1 ' -WKLI.S in NEMAHA
BOEING.
COUNTY. CnlU by
letter receive prompt
attention Ptrtiemay
1 make choir, of PINK. OALVEMIZKO
IRON OR CBMK.T TURING. We make
wells through ROCK, ns we are provided
1 with a thousand pound bore-power drill,
I Drill 8nmoHl7.eas Anger. Gunrantee wnter
or no puv. Pnst-nfl"lce addn-ss. PERU, Xcb
J JJorimy dune In Winter w well an Hummer,
Ik.gbocebies
i 3,
I I
'
fell
tall
PERU ADVERTISEMENTS.
05 a
H
W. PETERSON
will make to order
to
BOOTS AND SHOES.
ESPAIBING DONS PE01IPTLY.
Call and hoc Samples.
IsTO FIT OSTO S-A-T-.E.
ALL WORK waj:i:axtd.
O
W
to
a I JOSIN BBCKSDOJf,
I Fashionable Boot and Shoe
"2 CUSTOM M0KK AIAV:fS 0 n.VXD.
Repairs executed with neatness.
CALL AND EXAMINE MY STOCK
X
If.
R. B. SSI ITU,
Justice of the Peace k Collection
AGENT.
Special attention plven to collection of notes
and accounts for non-rcsldcnts.
Address Box 50, PERU, Nemaha Co., Neb.
DAS. BUY A 1ST,
Barber and Hair Dresser,
PETERSON'S OLD STAND,
Fifth Street, - - - Peru, Xcb.
Ptrticuiar attention given to Ladies' Hair
Dressing. Switches and Cu rib made to order.
I guarantee good work. sJ'l
I m y ii hi il
BANKS.
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FURNITURE.
J". L. IRO-y
Dealer In
3
Undertaking a Specialty.
Kieps a full line of
METALIO AND WOOD
BUBIAL CASES.
o Main Street, BROWXTILLE, XEB.
JACOB MAROffif,
MERCHANT TAILOR.
-s-5 :dWi; 33
." 3 SHvU 1 S JC32B-
? i " S VJ m T
P. t? -U ?. 3
' - 'IT TOMOTT'wyg;
$i w s i
1 i bj
s l Q I
1 ? - O s j
$ to - '.
r'7'BanS&-vli iWA
iJSra
) (3 5 0,7. rl.r" '"n"'-l-A"c'"'--rk!nrM.
, k i r ." Y .' ' ' ' !,-cr K 5 0ttn;' or r ' '"- nion: moucVrf
JC trarUT.ftt. A02nQ.bw?atK,rwt:ii.J,X4r
SO.G OF THE PES AND PLOW.
BT WILLIAM ROSS WALLACE.
"Let there be light '" O. how sublime
At once black fpace was glowing!
And on the vast wheels of young Time
Soon peopled worlds were going.
Among them rolled our glad green Earth,
With God's own Image beaming,
That wan the master made from birth
For more than fruitless dreaming.
O yes. the Fountain of the Whole,
illmself a Worker, lightened
Work s need and good upon Man's soul,
And still Creation brightened.
Work of the body, w rk of mind,
No one ban empire nolely ;
So Pen and Plow, together shrined,
Work on in marriage holy.
And thus we sing, the Pen and Plow;
Ruled Earth records our story:
.The Past was ours, ours Is the Now,
The Future with tnqre glory.
"Let there be light!" There must be first
tor mind's lull strenuth and splendor
Material Base, and it Is nursed.
Grown, reaped, with no surrender.
By Agriculture, not rude, blind.
But with experience giant.
And lor new wreaths its-brow to bind.
On new-grasped truths reliant.
Thus grew and grows the Nation's wealth
By man's physique demanded.
And mental, moral strength and health
With it sti Ide triple handed.
With every day new triumphs won,
O, sight tor eyes supernal.
These workern tiiree beneath their sun
Broad blessed by theEternnl !
And thus we sing, the Pen and Plow;
Ruled Earth records our story :
The Past was ours, ours Is the Now,
And Future with wiore glory.
"Lei there br light .'" Ye Farmers true
Ami Writers, wed by Labor.
Wlmt deathless crowns will boforyotlt
The conquerors of the sabre !
By bloodless work the prophecy
Of Peace Irom angel voices
Can only bring Reality
While In It Earth rejoices.
Work, proudly work with Soul and Hand
Mechanics, ail, all steady!
In puiptt. otrice, shop and land,
Yniiro with God already.
Sow on and reap with Brain and Bono,
In wealth all homes sut rounding;
On Earth for laborers alone
God's Hymn of Light is sounding
With it we sing, the Pen and Plow;
Ruled Eat til records our story:
The Past was ours, ours M the Nov
And Future with more glory.
- o-
AN ACT
Concerning tle Organization, Power
uiid Jui-ldictluuuf Prabuti: Courts.
Section 1. lie it enacted by the leg
islature of the State of X bracket, That
l here is hereby established, m eieli
organized county in this Stnte, a ro
bale court, which ahull be held at the
county Heat by the probate jiulye of
such county, and shall be a court of
record. Such a court shall be deemed
to lie always open, and any cause,
matter or proceeding may be proceed
ed with therein at any time after the
piving of notice or service of process
in the mode prescribed by law. And
the proceedings ami determinations of
such court heretofore had or made in
any cause, matter or proceeding, nt
any time other than at a regular term
of such court, as heretofore prescribed
by law, shall be as valid and effectual.
for all purposes, as if had or made at)
such regular term.
JURISDICTION.
Sec. 2. Probate judges in their re-
spective counties shall have and exer- the defendant-sh II also, on or befon
cise the ordinary powers and juri.-tiic-1 the fir-t day of the term at wi ich the
lion of a lUstice ot the peace, and
shall, in civil case-, have concurrent
jurisdiction with the district court in
all civil cases in any sum not exceed
ing five hundred dollars, exclusive of
costs, and in actions of replevin where
the appraised value of the property
noes not exceeu mat sum, ami me prn-i
It-ions of the Code of Civil Procedure f
relative to justices of the peace, shall
where no special provision is made bj
thij subdivision, apply to the procee'l
ings in all civil actions pro-eiuled In
fore snid probate judtre-': Providfd,
That probate court .shall not have ju
risdiction :
1st. In any action for mal. cious
prosecution.
2d. In any action against officer
for misconduct in office, except where
like proceedings can be had before
justices of the peace.
3d. In actions for slander and libel
4th. In action's upon contracts for
the Kale of real estate.
5th. In any matter wherein the ti
tle or boundaries or lam! may be in
dispute, nor to order or decree thesale
or partition of real e-tate.
EXCLUSIVE JURISDICTION.
Sec. 3. The courts of probate, in
their respective counties, shall have
exclusive jurisdiction of the probate
of wills, the administration of estates
of deceased persons, and the guardian
ship of minors, insane persons, ami
idiots: Provided, no judge of probate
shall act in any case or matter wnere
he is next of kin to the deceased, nor
where he i- legatee or devisee under a
will, nor where he i named as execu
tor or trustee in a will, or is one of the
subscribing witnesses thereto, nor
where he is related to any party in
interest, in any case before him, by
cousaimtiinity or afllnity ,?or has such
an interest therein as would exclude
him from acting as a juror in such
case or matter, or where he has acted
as attorney or counselor in any case
or matter before him.
POWERS.
Sec. 4. They shall have power
1st. To hear and determine claims
and set-tiffs in the mutter of estates of j
deceased persons.
2d. To hear and determine ques
tions of application for. and to grant
and issue letters of administration,
testamentary, and of guardianship,
and revoke the same.
3d. To take the probate of wills." r
4th. To cause to he taken, to re
ceive, file and record all inventories,
sale and apprair-ement bills of the es
tates of deceased persons.
5th. To require executors, adminis
trators and guardians to exhibit and
settle their accounts, and account for
the estates and property that have
come into their possession as such.
6th. To appoint commissioners to
partition personal estate.
7th. To authorize guardians to sell
and convey or mortgage the personal
estate of their wards, to provide for
their warns, educatio..and support.
BONDS OF GUARDIANS, ETC.
Sec. 5. If it shall appear toany such
court, by theapplicat on. under oath,
of any party interested in the bond of
any executor, admini-trator, or gu r
dian appointed by such court, that
there Is reasonable doubt as to the sol
vency or sufficiency of the secur ties
upon any such bond, such court shall
I cause uch executor, administrator or
guardian, to be ordered to simw cause
whv he shall not execute a new bond
in the premi-e. with -urety to be ap
proved by such court, as provided by
law.
SAME.
Sec. G. If. upon the hearing of any
such matter, the court shall require a
new bond with sureties and s uch ex-ecutor.admini.-trator
or guardian ha!I
fail to comply with the order of the
court, he shall he removeo irom m-- i
aid trnt. and his letters revoked, and ,
another executor, administrator or t
,. .,. .. ho annn Tl.
izu.'irutan, as ine case uju ui, ..,.....
ted in his place.
OF THE TRIAL AND JUDGMENT IN CIV
IT. ACTIONS THE TIME FOR HOLD
ING REGULAR TERMS.
Sec. 7. It shall be the duty of the
probate judge, in each county, fojtoltl
a regular term oi me prouaie court at
ins oiiicu ai me county seat, com-
uieimiuK at nine ociock a. in. on me
first Monday of each calendar month.
for the trial of such civil actions
brought before huch court, as are not
cognizaple before justices of the peace.
Such regular terms shall be deemed
to be open without any formal ad
journment thereof, until the third
Monday of the same month, when all
cases not then finally determined
shall be continued by such court to
the next regular term ; but such
courts shall he deemed to be always
open for the tilirlg of papers and issu
ance of process in civil actions, and
for the purpo.se of taking and enter
ing judgment by confession.
PROCEEEINOS IN CASKS WHERE SUM
EXCEEDS ONE HUNDRED DOLLARS.
Sec. 8. In all civil cases commenced
in said court, wherein the sum ex
ceeds one hundred dollars, it .shall be
the duty of he probate judge to issue
a summons, returnable on the first
day of the next term of said court, if
there be ten days intervening between
the issuance of the summons and the
first day of the term, anil if not then
to be made returnable on the first day
of the next thereaiter, which sum
mons shall be directed and delivered
to the sheriff or any countable of -aid
county, and the sheriff or constable
shall serve the same upon the defend
ant as in other civil cases, at least ten
daj's before the return day thereof.
When the summons has not been
served ton days before the first day of
the term, the t ause shall stand contin
ued until the next regular term of
said court, and shall then stand for
trial, without further notice to the de
fendant. ACTIONS IN REPLEVIN.
Sec. 9. In all actions of replevin,
the summons shall be in like form,
and be returnable within the like
time as in .similar actions before jus
tices of the peace, but if upon a le
furn of the writ, it appears that the
upjirai.sed value of the property taken
thereon exceeds one hundred dollais
and tioes tint exceed five hundred dol
lars, such action shall stand contin
ued, a of cour.se. to the next regular
term of said court, and shall then be
disposed of as other causes durimr
such term ; but if it appears that the
appraised value of the property in
such action exceeds five hundred dol
lars, then such actiow on the return
of the m it. shall be forthwith certi
fied to the district court.
BILL OF PARTICULARS.
Sec. 10. In all civil actions in the
probate court where the amount
claimed exceed- one hundred dollars,
the plaintiff, his audit or attorney
shall, before the summons is i-stied
therein, file in such court a bill of par
ticulars sett intr forth in ordinary and
concise lantruaire his demand-, ami
ejwesiaiuis ior trial, ine in sucn court
his answer containing any set-off ot
other defense he may have, riuch Id 1 1
of pu rticu la rs shall be verified in like
manner ns-u petition is required to be
verified in the district courts -am!
when so verified, no other or greater
proof shall be required to entitle the
plai tiff to judgment upon default,
than in actions in the district court.
PLEADINGS.
Sec 11. In actions before said court,
where I he amount da tned exceeds
one hundred dollars, motions and de
murrers shall be allowed, ami the
rules of practice coni-erniiiir pleadings
and processes in the district court
shall be applicable, so far as may be,
to pleading- in the probate court.
JUDGMENT BY DEFAULT.
Sec. 12. If no answer is hied on or
before the first day of the teim, in any
action to be tried during bitch term,
the plaintiff may have the default of
the defendant entered, and may pro
coed to judgment on any succeeding
day during the term, upon proving
hi& cause of action.
TRIAL RY JURY.
Sec. 13 Either party may demand
a jury tor the trial of any cause pend
inj: in the probate court, wherein the
.ntiiouut claimed exceeds one hundred
do lars; but such demand must be
made in writing and entered on the
docket on or before the filing of the
answer in such case.
Sec. 15. Upon the filing of such de
mand for a jury, the probate jude
shall cause a jury to be selectetl and
.summoned in the same manner as N
ruovided for selecting jumrs in civil
actions before justices of the peace.
TRIAL CALENDAR.
Sec.15. The probate judge shall, on
the fir.st dav of each term, or as soon
thereafter tis may bo, prepare a calen
dar of the causes standing for trial at
sucli term, placing the cause upon
such calendar in the order in which
the same are numbered on the docket,
and setting the causes f"r trial, in
Mich order, upon convenient days du
ring such term ; and the provisions
of this Code relative to the trial dock
et in the district court shall, so far as
they are. in, their nature, applicable,
apply to such' an Iendar.
ORDERS OF.ARREST AND ATTACHMENT
- Sec. 1G. Orders foe arrest and for at
tachment of properly may issue in ac
tions brought under this chapter, but
when the demand in such action ex
ceeds the sum of one hundred dollars,
the proceedings upon such orders
shall be the same, as near as may be,
as in actions brought in the district
court. 1 he return day of such order
shall, when issued at the commence
ment of the action, he the same as
that of the summons; when issued
afterwards, they shall be made re
turnable forthwith.
STAY OF EXECUTION.
Sec. 17. Any party against whom a
judgment be rendered, on all sums ex
ceeding one hundred dollars, may
have a stay of execution in like man
ner as upon judgments rendered in
the dUtrict court, and upon the same
conditions: and upon all sums of one
hundred dollars and under, the same
as provided for in actions before jus
tices of the peece.
TRANSCRIPT OF JUDGMENT MAY RE
FILED IN THE DISTRICT COURT OF
ANY COUNTY.
Sec. IS. Any person having a iude-
metit rendered by a probate court,
may caiwe a transcript thereof to be
tiled in the office of the clerk of the
district court in any county of ihN
State, and when said tianscript is fil
ed, ami entered upon the judgment
record, such judgment shall be a lien
on real estate in theeounty where he
same is filed, and when the same Is so
filed and entered upon such judgment
book, the clerk of such court may is
sue execution thereupon in like man
ner as execution is i-Hiieri upon judg
ments rendered in the district court.
i.vtuuuu..
Sec. 19. The probate judge shall is-
J sue execution on judgments rendered
by said court, and the proceedings up-
on any such execution shall, in all
cases, be as provided by governing ex
editions issued upon the judgment of
a justice of the peace.
WRITS, ETC , TO BE SIGNED AND
SERVED.
Sec. 20. All writs, citation, and all
process in civil actions, issuing out of
any probate court, shall be under the
seal thereof, and be signed by the pro
bate judge.
PROCESS TO BE DIRECTED TO THE
SHERIFF.
Sec. 21. All process in civil actions
in such court shall be directed to the
sheriff, or any constable of the coun
ty, and the same shall be served by
the officer to whom it is directed,
and return thereof made at the lime
therein directed ; ami for any neglect
or omission to do so, he and his sure
ties may be proceeded against in like
manner as in similar cases before jus
tices of the peace.
OF THE PROCESS OTHER THAN IN CIV
IL ACTIONS HOW WRITS AND PRO
CESS SHALL BE SERVED.
Sec. 22 All writs, notices, orders,
citations and other process, exeept in
proceedings for contempt, may be
served in like manner as a summons
in a civil action in the district court,
and the service of tbe same by a copy
thereof left at the usual place of resi
dence of theparty to lie served, shall
be deemed equivalent to personal ser
vice thereof in cases where personal
service is required by law; but to
bring a party into contempt there
must have been actual personal ser
v ce of the nrocess upon the disobedi
ence of which contempt is founded,
and there must he actual personal ser
vice of the process in the proceeding
for contempt. In cases where writs,
notices, citations or other process can
not he served a aforesaid in this State,
the probate court may, in cases where
it mav be necessary, order th- service
thereof to be made by publication in
some newspaper in this State in such
manner as the court shall direct,
and thereupon the same proceedings
may be h d as in such writs, or other
process had been served as aforesaid
in this State. Nothing outained in
this section shall limit or take away
the power of the probate Court or
judge thereof, to give notice or caue
the same to lie given by publication
in the various cases provided by law.
PROCESS MAY ISSUE TO AND RESERVED
IN OTHER COUNTIES.
Sec 23 All writs and other process,
except subpoenas, may lie executed
ami served, as the case may require,
in any county in the State; ami if it
be a county other than that of the
residence of the probate judge, the
same shall be directed to the sheriff
of such other county.
SHERIFF SHALL EXECUTE PROCESS.
Sec. 24. It shall be the duty of the
sheriffs of the several counties to exe
cute or serve all writs ami process is
sued by any probate court and to
them directed, and to return thesnme;
for any reglct or refusal so to dOj
they may be proceeded against in the
prnVate court "tliVsame as for a neg
lect'orTefti.Hal to execute or nerve pro
cesf issued out of the district court.
SUR-DIVISION DOES NOT APPLY TO
CIVIL ACTION.
Sec 25 The provisions of December
22d. 23tl and 24th, shall not apply to
eivil and criminal actions prosecuted
before the pr bate court.
APPEALS TO DISTRICT COURT nOW
TAKEN.
Sec. 2fi. In civil actions brought un
der the provisions of this c'mpter,
either party may appeal from the
judgment of the probate court, or
prosecute a petition in error, in the
same manner as provided by law in
cases tried and determined by justices
of the peace. The amount of the
bond or undertaking taken shall be
double the amount of the judgment
and cost, and shall be approved l3' the
probate judge.
EVIDENCE-DKPO-sITIOXS-IIOW TAKEN
Sec. 27 Depositions may be taken
to be issued in evidence in-any cause,
matter or proceeding, pending in an"
probate cmrt. in the like manner and
upon like notice as in actions in the
district court Depositions so taken
must be addressed and transmitted to
"the judge of the ciicuit in which the
cause, matter or proceeding is pend
ing. MISCELLANEOUS PROVISIONS FAIL
URE OF THE JUDGE TO ATTEND
CO CUT.
Sec. 2s. When for any cause the
probate judge fails to attend at the
commencement of any regular term,
or at the time when any cause is as
signed for trial, or at the time to
which any cause may be continued,
the parties shall not be obliged to wait
more than one hour, ami if he does
not attend within the hour, the par
ties in attendance shall be required to
attend at nine o'clock a. m of the
following day. am! if such judge shall
not attend at that time, the cause shall
stand continued until the first day of
the next regular term This section
shall apply only to cause- not cogni-
zabbi before justices of the pence.
WHEN PARTIES
-5VrrWpppxnD WIT"
SHALL .AI I ear.
N ESSES
-Se"e"T29. In all actions brought in
theTprpbnte court fii pursuance of the
provisions of'tlilsThapter, parties, ju
rors and witnesses shall be obliged to
appear at the time when the sum
mons is returnable, or at which the
catis- is assigned for trial, or to which
it may be continued..
ADJOURNMENTS.
Sec. 30 The provisions of this code
relative to adjournment of cau-es be
fore justices of the peace, shall apply
to civil actions in the probate court
not cognizable before such justices, so
far only as the causes foradjournment
ami the conditions to lie impo-ed
thereon are concerned, but the time
for which the cause may e adjourn
ed, -hall be regulated by the probate
judge in the exercise of a rea-onable
discretion : Provided, That such ac
tion cannot be adjourned over more
than three regular terms of -aid court,
upon the application of either party,
without the con-en t of the other.
DOCKET TO BE KEPT.
Sec. 31. The probate judge shall
keep a docket in wnicn an ot nis pro
ceedings in civil actions snail tie en
tered iu like manner a- near as may
be. as the proceedings before justices
of the peace in civil actions; and the
provi-ion- of this code relative to jus
tices' dockets shall, as near as may be,
apply to the docket of the probate
judge.
PROBATE BOOKS.
Kmv 32. The probate books shall
I consist of a record, entry, estate and
! fee book, which shall be kept as fol -
! jnWs:
1st." The record hook shall contain
s- s t
a full record of all wills, testaments
. ami codicils, ami the probate thereof,
a! letters te tampntarv of ailministra-
I tion and guardianship, and nil bonds
j of executors, guardians and adminis -
nators. The original papers shall be
tiled and preserved in the office.
2d There shall be entered Iu the estate-book,
nil inventories, appraise
ments, bills, and other exhibits ami
reports received by the court, relative
to the settlement or disposition of es
tate-, showing the amount of all
such estates, as shown by such in
struments.
3d. The entry book shall contain a
fair statement of all matters, contro
versies and suits that may have arisen
for dei i-ion and adjudication before
said court, with the names of the par
ties, date of each entry, and the judg
ment or opinion of the court, and all
orders thereof, and a full record of all
determinations of the district or su
preme court upon appeal or petition
in error in such matters; controver
sies and suits.
4th. The fee-book shall contain an
exact amount of all fees allowed and
paid in each case, showing the names
of the persons receiving the same, and
for what such fees were paid.
INDEX.
Sec. 33. An index shall be attached
to each book required to be kept by
the probate judge, in which shall be
ins. rted in alphabetical order the
names of the parties or persons in
which names the entries in such
books are made.
RECORPS-HOW PROVED.
Pec. 34 Every record made in any
probate court, excepting original or
ders, judgments and decrees thereof,
shall lie attached thereto a certificate
signed by the judge of such court,
showing the date of such record and
theeounty in which the same is made,
and it shall not bo necessary to call
such judge or his successor in office to
prove such record so certified. And
in any cause, matter or proceeding in
which the probate court or probate
judge has jurisdiction, and is required
to make a record not provided tor In
this chapter, such record shall he cer
tified iu the same way and with like
effects as aforesaid.
DISQUALIFICATION OF JUDGE.
Sec. 35. When any probate judge
shall be di-qualitied from acting in
any cause or matter before him, or is
temporarily absent from his county,
the county commissioners may ap
point a competent ami disinterested
person to act in place of such judge,
in such case or other matter, during
such absence or disqualification, who
shall give bonds in the same manner
and possess the same powers, and be
subject to 'the duties, restrictions ami
liabilities therein as aro prescribed by
law respecting probate judges.
ROND OF PRORATE JUDGE.
Sec. 30. The probate Judge shall
give bond iu a sum not less than five
thousand dollars, nor more than ten
thousand dollars, to be determined by
the county commissioners.
BONDS TAKEN BYTHEPROBATE JUDGE
Sec. 37. All bonds required by law
to be taken in or by order of the pro
bate court, shall be for such sum with
such sureties as the judge shall pre
scribe, except as otherwise provided
by law, and such bonds shall be for
the security and benefit of all persons
Interested, and shall bo taken to tlie
State of "Nebraska, except where they
are required to be taken to the ad
verse party.
Sec. 3S. "Chapter one of title twenty-five
of the Codeof Civil Procedure,
and an act entitled "An act regulat
ing the jurisdiction of probate courts
in civil cases, to provide for holding
regular terms of said courts, and to
provide for compensation of probate
judges." approved Fehsnary, 28, 1S70,
and all acts ami parts of acts inconsis
tent with the provisions of this act
he. and the ame hereby are repealed.
Sec. 39. This act shall lake effect
and be in force from and after its pas
sage. Approved March 3, 1S73.
Cilantn.
Mythology has always usurped the
place of sober history in the popular
mind. The ancestry of nil people is,
by the legends, connected with the
god-, or is supposed to lie superhuman
in size or power. In early art, a- in
early story, great characters were lit
erally great of body. The gods and
kings of early Egypt were represented
as giants among men when sculptur
ed or painted on the storied walls of
the temples ami palaces of that mys
tic land. The national heroes of
Greece and Home were endowed
with gigantic frames. Herodotus,
tells of the footsteps of Hercules shown
in Sey thin, and the sandal of Perseus
found at Chemnis, as lining both two
cubits in length. The Gothic nations
indulged the same exaggerated belief
of their godlike and gignntican estry.
The heroes of knight-erranty were
similarly vast. Of the king Arthur.
Higden desires us when speaking of
the discovery of his body at Glaston
bury to "havemynde that Arthure's
ehyn-bone, that was then shewed,
was longer by three inches than the
legge and the knee of the largest man
that was then found. Also the face
of his forehead, bytweene hya two
eyen, was asbanne broad." The grave
nfrfir Gawain. one of the far-mined
! Knights of the Round Table, wn
frteen feet in length. Another he-
ro. J"ir lievis oi luinuon, is situ ue
picted as a giant on the bar gate at
Southampton. and the renowned Guy
of Warwick is popularly supposed to
have left pers nai relics at Warwick
castle sutllcient to prove his vast Mat
ure. His breast-plate, weighing fifty
two pounds, is there shown to
strengthen the belief of the faithful,
who will not see that it is tiie crup
per of a horse, as used in the Six
teenth century. Guy's "poridge
pot." capable of holding one hundred
and two gallons, is a species of sacrilege
to look cn only ii" a large camp kettle.
These questions are accepted with an
unque-tioning faith by the credulous.
Any attempt to correct the error on
ly arouses indignation. It .s like dar
ing to doubt the liquefaction of the
blood of St. Jautiariu- in Naples, or
the truth of the holy coat at Treves.
Whan -uch things remain with us to
confirm in our own time the fables of
the past age-, we may qualify our
surprise at the head of a crocodile
passing at Mons for that of the drag-
nil siaiu oy ine re'iouocame iiiies-ue-Chin
; or the bones of whales and ex
tinct animals for tiio-e of monstrous
giant-. It is a popular fallacy, will
ingly believed. Harper's Magazine
for April.
A down East editor mu-t feel Uncom
fortable. He saj-s ; "A country
subscriber writes that lie is just recov
ering from the small pox. and will be
! -ak.
' in a few days to renew tus-uliscrip-
, tion. We hope he won't mind a lit-
I tle thing like that. We will send the
' paper and wait for the money. We will
wait cheerfully. Weain'tof that avari
' cious kind of a people
money as ii mr i
such things. '1 here's no earthly rea
jsou for his coming on ; we will wait
Written for the Advertiser.
THE LIQUOR TRAFFIC.
Kwmhtr 3
In former letters, I gave my own
views of the liquor traffic, and in this
will endeavor to giw the views of oth
er people.
The most of yonr renders are nwnro
that during the last two years, several
States have adopted new laws, regu
lating nnd restraining the traffic in
intoxicating drinks, showing conclu
sively that the people have lost faith
in the old method of licensing dram
shops, which, unfortunately for as, is
still in vogue in this State. In Penn
sylvania, the people of each county
were required to vote for or against
license in the county, and an editor
in one of the counties that voted
against license, calls upon the people
to enforce the law, but at the same
time says, "that public opinion is the
main safeguard against the evils of In
temperance." An Indiana editor. In
writing of the new law in thnt State,
has the following:
"While we cannot endorso the law
as an absolute reformative measure,
yet indirectly, it will tend to much
good. While it is idle to talk of re
formative me tsures upon old and con
firmed drunkards, yet if wo can close
up the whisky saloons, nnd by popu
lar sentiment render tipling odious in
public estimation, we will do much
toward educating the rising genera
tion into habits of temperance. Keep
the glittering, seductive temptation
out of sight, nnd let public opinion
impress its seal of condemnation upon
the vice, and after n while we shall
have hut small need of prohibiting
1-iws. The old drunkards will hnvu
parsed away, and there will be none
willing to follow their evil example to
untimely nnd dishonored graves."
The Stnt. s of Ohio nnd Illinois
make tho rum-seller responsible for
thedamage done by men while intox
icated, and takes n lien on tho houso
nnd lot where the liquor la sold to se
cure payment.
The statutes of our own Stato re
quires the dram-seller to givo bonds
with npproved security, that he will
not keep n disorderly house, nor al
low gambling on his premises. "No
other business men are required to
give bonds, showing thnt our Inw
mnkers and the people generally re
gard rum-selling ns n bad business.
Twenty years ngo, slavery nnd po
lygnmy were called the "twin relics of
barbarism." I do not know that
rum-selling nnd gambling nro twins."
It seems to me that rum-selling nnd
rum-drinking begetg gambling. A
large majority, perhaps nineout jot
ten, rum-holes aro gambllngjfchellsr
They go togetherna naturally aa duefcs
go to wnter. Those who know any
thing about saloons, know that the
card table is ns permanent n fixture as
the bar. nnd that many men waste a
great deal of their time and money at
tho card tables. The officers of the
law seem powerless to prevent this
state of affairs, and if an aggravated
wife goes into a saloon, as one did a
few days ago In this city, and breaks
a few glasses, she is arrested, fined
and cast into jail. It la n terrible
crime for an injured woman to go into
a saloon and break a few glasses, but
it is all right for a saloon keeper In
break a woman's heart. He ia doing
a lawful business, nnd tho law must
protect him in his business. If a
drunken loafer had broken these glas
ses, there would have been nothing
done about it, but ns nn injured wo
man did it, she was fined and impris
oned, and this was done In the nine
teenth century, and in a christian
eountry, boasting of its civilization
nnd refinement.
Mr. Mayor and gentlemen of tho
city council, are you really aware of
what you are doing when you license
these "hell-holes?" ns they nre fre
quently, nnd I think justly, called.
Are you really aware what j-ou aro
Iiceiisingthe.se men to do? The fol
lowing line3 express better than I
can, what these men do :
LICENSED-TO DO WHAT 7
"Licensed to make the strong man freak ;
Licensed to lay the wise man low:
Licensed a wife's fond heart to break.
And make the children's tears to How.
"Lteened to do thy neighbor harm ;
Llcf-nsed to kindle hate and strife;
Licensed to nerve the robber's arm :
Licensed to whet the murderer's knife.
"Licens'ed thy neighbor's purse to drain,
And roh htm of his very last;
Licensed to heat his feverish brain
Till madness crowns thy work at last.
"Licensed like Fpldcr for a fly.
To spread thy nets for man. thy prey;
To mock hl.s strunnles, suck him dry.
Then cast the worthless hulk away.
"Licensed where peace and iulet dwell.
To brlnji disease and want anil woe;
Licensed to make tills world a hell,
And lit man for a hell below."
Gentlemen of the city government,
please cut those lines out of your pa
pers and paste them in the crowti3 of
your hots, and when any man, or bet
of men, ask you for license, take off
your hats, show tl em the lines, and
tell them that you will not, aud dare
not take the responsibility. Some
men say, I am no man's keeper. I
answer most emphatically, we all aro
our brother's keepers. When we see
a brother, weak and vascilating, ilk,-
siring to do right, yet too much of a
slave to alcohol to resist its influence,
j jr W? 3l,j-t.r jt t,0 b
in his wav, where
he will be tempted, we are response
ble for him, and we cannot shae. off
that responsibility. We kupw' ?hat
very few of the youths of p.r land aro
drunkards now, yet jiidging from tho
past. We know that many of them
will become drunkards, not because?
they want to do so, but because temp
tition will be in the way and they
will not have power to resist it. If
we sutler the temptation to reuiniu in
I their puths, their blond, Will dry out
from the ground against us.
There is no neutral ground in this
qase. Those whose influence is not
am tin thatavan- cast for the temperance cause, i- cast
f who wiJJgrjL tor J for tj,e saloon keepers, and" each- pr
ife. We despise Son must choose for himself, or her'
self, which way that influence hU
bo cast. W. A, Polock. .
I t
in I
n
sL
n
,1
II