PART SECOND.

GENERAL LAWS.

AN ACT

In relation to Banking.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That so much of Chapter third of the Code in relation to Corporations, "approved January 25, 1856," as authorizes the Incorporation of Banks be, and the same is hereby repealed.

SEC. 2. This act to take effect and be in force from and after the date of its passage.

Approved February 12, 1857.

AN ACT

To provide for the payment of interest on Territorial Warrants.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That from and after the passage of this act all Territorial Warrants issued by the proper authorities of the Territory shall draw interest from and after the date of their presentation at the rate of ten per cent per annum until paid.

SEC. 2. That all warrants heretofore issued and not already redeemed, upon being presented to the Territorial Treasurer and by him endorsed "not paid for want of funds in the Treasury" shall draw ten per cent per annum from the date of such endorsement until paid.

SEC. 3. It is hereby made the duty of the Territorial Treasurer when presented with any Territorial Warrants issued previous to the passage of this act to endorse thereon the words quoted in section two of this act, together with the date of such presentation and his official signature.

SEC. 4. This act to take effect from and after the date of its passage. Approved February 13, 1857.

AN ACT

To amend an act entitled "an act to exempt the property of married women from execution in certain cases."

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the property owned by a married woman before her marriage, and that which she may acquire after marriage by descent, gift, grant, devise, or otherwise, and the use and profits thereof, shall be exempt from all debts and liabilities of her husband contracted or incurred by him previous to their marriage or subsequently thereto, or previous to the time the wife came into the possession of such property: Provided however, That all debts contracted for necessary articles for the use and benefit of the family of such married woman shall be excepted from the operation of

this act.

SEC. 2. Section one of an act entitled "An act to exempt the property of married women from execution in certain cases" and all other acts or parts of acts contrary to the provisions of this act are hereby repealed. Approved February 12, 1857.

AN ACT

To locate the Penitentiary of Nebraska.

SECTION. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That Peter Peterson, Miles Hopkins, and William N. Byers be, and they are hereby appointed commissioners to locate a Penitentiary for the Territory of Nebraska.

SEC. 2. Said commissioners shall locate the said Penitentiary within one mile of the public square in Tekama, on the first Monday in March next or within forty days thereafter, and after being sworn well and truly to locate the same, shall proceed, by actual examination, to ascertain the most suitable point for the location of the same.

SEC. 3. When said commissioners shall have decided on the place for the location, the proprietors of said town shall donate ten acres of land to the Territory of Nebraska, and shall make a good and sufficient title in fee simple to said Territory, upon which they shall permanently locate the said Penitentiary.

SEC. 4. That all money that has or may hereafter be donated by the United States for the purpose of building a Penitentiary shall be used in constructing the same at the point that may be chosen by the commissioners for a Penitentiary.

SEC. 5. Should a vacancy occur in the board of commissioners, the first one remaining on the list shall fill such vacancy by the appointment of a suitable person who shall take the oath required of the other commissioners.

SEC. 6. This act to take effect and be in force from and after its passage. Approved February 13, 1857.

AN ACT

To amend an act entitled "An act to authorize Religious Societies to elect officers and hold property," approved January 26, A. D. 1856.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That section three of an act entitled "An act to authorize Religious Societies to elect officers and hold property," approved January 26, A. D. 1856, be so amended as to read after the word "preacher" in the fifth line of said section three, or, amend by striking out the words "and other purposes," and insert in lieu thereof "property of any kind for the purposes of church extension or building, or the support of ministers," "or for the use and benefit of such religious society or church, shall descend with the improvements in perpetual succession to, and shall be held by such trustees in trust for such society or church; and said trustees shall have authority and power to convey, sell, or dispose of such property whenever the interests of such religious society or church shall so demand, by a vote of twothirds of said society or church requiring the same to be done."

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved February 13, 1857.

AN ACT

Regulating the disposal of lands purchased in trust for town sites.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That whenever any portion of the surveyed public lands has been or shall be settled upon and occupied as a town site, and therefore not subject to entry under the existing pre-emption laws, it shall be lawful and be the duty, whenever required by the occupants and owners by deed of the lots within the limits of such town, for the corporate authorities of the town if incorporated, and if not incorporated then for the commissioners of the county for the county in which such town may be situated, or if in an unorganized county then by the county court of the county to which said unorganized county may be attached, to enter at the proper land office the land so settled and occupied as a town site, in trust for the several use and benefit of the occupants and those holding by deed or otherwise, according to the laws of this Territory.

SEC. 2. After the purchase of such land as above prescribed, it shall be the duty of the mayor of the town if incorporated, or if the town is not incorporated then of the commissioners of the county in which the town is situated, to make out, execute, and deliver to each person who may be legally entitled to the same a deed in fee simple for such part or parts, lot or lots of such land as each person may be entitled to, on the payment of his proper and due proportion of the purchase money for such land together with his proportion of such sum as may be necessary to pay for streets, alleys, squares and public grounds, and such other expenses as may be necessarily incurred by such entry, sale, &c.

SEC. 3. Should two or more persons claim the title to any lot, lots, or lands

within the boundaries of such town, the mayor of the town if incorporated, or the county commissioners, if the town is not incorporated, shall hear and determine all questions of title according to law and evidence, and give to the person adjudged to have the best title a deed in fee simple.

SEC. 4. If all the lots are not legally conveyed to the proper owners before the expiration of six months after public notice shall have been given through the medium of the nearest newspaper, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of said town, after paying their proportionate part of the purchase money and all other expenses incurred by publication, sale, &c.

SEC. 5. The mayor or county commissioners, as the case may be, shall receive for each deed, embracing the description of all the lots to which each person is entitled, one dollar to be paid by the person receiving the same. All deeds must be acknowledged as deeds in other cases. When said mayor or commissioners shall hear and determine the title to lots or lands in such towns they shall receive from the losing party the same fees as allowed to justices of the peace for similar services.

SEC. 6. Should any person feel aggrieved by the judgment of said mayor or commissioners, an appeal may be taken to the District Court of the county in same manner as when taken up from justices of the peace. In case of an appeal, no deed shall pass or be made until the title shall be settled by the proper courts. Notice of the appeal must be given on the day when the judgment is rendered.

SEC. 7. This act to take effect and be in force from and after its passage. Approved February 10, 1857.

AN ACT

To change the time of the covening of the Legislative Assembly.

SLCTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the next session of the Legislative Assembly shall commence on the second Tuesday of December next.

SEC. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 3. This act to take effect from and after its passage.
Approved February 13, 1857.

AN ACT

To create the office of Territorial Reporter.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the Justices of the Supreme Court of the Territory of Nebraska shall appoint a Reporter of the decisions of said

court.

SEC. 2. It shall be the duty of the said Reporter to publish the decisions of said court together with a statement of the cases and notes thereof.

SEC. 3. The said Reporter shall have and enjoy such copy-right to the decisions so published by him as he may obtain therefor.

Approved February 12, 1857.

AN ACT

Regulating the disposal of unclaimed property in certain cases.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That whenever any personal property shall be consigned to, or deposited with any forwarded merchant, wharf keeper, ware house keeper, tavern keeper, or the keeper of any depot for the reception and storage of trunks, baggage and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose a description of such property with the date of the reception thereof.

SEC. 2. If such property shall not have been left with such consignee or bailee for the purpose of being forwarded or otherwise disposed of, according to directions received by such consignee or bailee at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner, by letter to be directed him and deposited in a post office to be transinitted by mail, of the reception of such property.

SEC. 3. In case any such property shall remain unclaimed for three months after its reception as aforesoid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks in a newspaper published in the same county, if there be one, and if not then in some paper published at the seat of government, describing such property and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

SEC. 4. In case the owner or person entitled to such property shall not within three months after the publication of such notice claim such property and pay the lawful charges thereon, including the expense of such publication, the person having possession of the property, his agent or attorney, [may] make and deliver to any justice of the peace of the same county an affidavit setting forth a description of the property remaining unclaimed, the time of its reception, the publication of this notice, and whether the owner of such property is known or unknown.

Src. 5. Upon the delivery to him of such affidavit the justice shall cause such property to be opened and examined in his presence, and a true inventory thereof be made, and shall make an annex to such inventory an order under his hand that the property therein described be sold by the sheriff of the county where the same shall be, at public auction, upon due notice.

Src. 6. It shall be the duty of the sheriff receiving such inventory and order to give ten days notice of the sale by posting up written notices thereof in three public places in the county or city, and to sell such property at public auction for the highest price he can obtain therefor.

SEC. 7. Upon completing the sale, the sheriff making the same shall endorse upon the order aforesaid a return of his proceedings upon such order and the proceeds of the sale, after deducting his fees which shall be the same as upon an execution.

SEC. 8. From the proceeds of such sale the justice shall pay the charges and expenses legally incurred in respect to such property or a ratioable pro