time; and no further proceedings, under or by virtue of this act, shall be had.

§ 7. The sum of three thousand dollars is hereby appropriated out of the territorial treasury, to pay the members of said constitutional convention, and the incidental expenses of said body, which sum is subject to the order of the convention.

§ 8. Every white male person above the age of twenty-one years, who shall possess the qualifications of voters prescribed by the laws of this territory, shall be a qualified voter at the election herein provided for, and every such person who shall have resided six months in this territory, and forty days in the county or delegate district in which he may be voted for, shall be eligible as a delegate from such county or delegate district; provided that no person who is by any statute of this territory, disqualified to vote or hold office therein, in consequence of having been convicted of crime, or having violated any law of this territory, shall be entitled to vote or be eligible as a delegate under this act.

§ 9. The returns of each precinct or election district shall be made to the clerk of the county in which it is situated, if there be such a clerk, or if not, then to the clerk of the county first named in the clause of this act, making such organized county a delegate district, or a part thereof.

§ 10. The county clerk to whom such returns shall be made, shall forthwith send by mail the abstract of the votes "For" or Against " state government, directed to the secretary of the territory of Nebraska; and if any such clerk shall fail to transmit such abstract by the earliest mail between the county seat of such county and Omaha, he shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment at the discretion of the court.

§ 11. The votes of which abstract shall be received by the secretary, shall be immediately canvassed by the governor, chief justice and secretary; and if it shall be found that a majority of all the votes cast shall be in favor of a state government, the governor shall forthwith make known by proclamation in at least two newspapers published in the territory, one of which shall be published in Omaha, the result of the vote on the question of state government, and as soon as the proclamation shall become known to the various county clerks, they shall proceed to canvass the vote for members of said convention, and shall issue certificates of election to the persons having respectively the highest number of votes for delegates from the several delegate districts; and in case of a tie between two persons, who have a sufficient number of votes to make it necessary, the contestants shall, in the presence of the canvassers, determine by lot which of them shall be the delegate, and the county clerk shall issue a certificate of election accordingly.

§ 12. All the provisions of the act, concerning elections, approved January 26, A. D. 1856, and of the act entitled "An act to amend an act in relation to elections," approved January 26th, 1856, which are not

inconsistent with this act, shall apply to the holding of the election, making returns and procuring returns when they shall not be duly received under the provisions of this act, and the judges and clerks of the last general election, shall conduct the election herein provided for: Provided, that the county clerk in each of the counties of the territory, shall have power, in the case of vacancies, to appoint one or more electors to act as judges of the election, as provided for in this act, who, when so appointed, shall have power to appoint in case of vacancy, clerks of such election.

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

Approved January 11th, 1860.

AN ACT

To provide for copying the journals of the council and the house of representatives of the sixth session of the Nebraska legislature.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That James W. Moore, chief clerk of the House of Representatives, and Sterrit M. Curran, chief clerk of the Council, be,` and they are hereby authorized to copy the journals of the sixth session of the legislature of Nebraska.

§ 2. If the clerks aforesaid shall not copy the journals within sixty days next after the adjournment of the legislature, it shall be the duty of the secretary to cause the same to be done under his direction.

§ 3. The clerks aforesaid shall each be entitled to receive as compensation for such service the sum of two hundred dollars, upon filing with the territorial auditor the certificate of the secretary of the territory, that the services required by this act are performed; which sums shall be paid out of the territorial treasury upon the warrants of the territorial auditor.

§ 4. If the clerks aforesaid fail to perform the duties contemplated in this act, it shall be the duty of the secretary of the territory to give a certificate to the person or persons who may be employed by him, and they shall be entitled to the same compensation as is herein allowed to said clerks.

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

Approved January 11th, 1860.

AN ACT

To protect game in the territory of Nebraska.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That it shall be unlawful for any person in the said territory to kill, ensnare or trap any wild deer, elk, fawn, prairie hen or chicken, grouse or woodcock, between the first day of March and the fifteenth day of July in each and every year.

§ 2. It shall be unlawful for any person to ensnare or trap wild turkey or quail at any season of the year, but the season for killing the same shall commence on the first day of September and end on the last day of January of each year.

§ 3. It shall be unlawful for any person to buy or sell any kind of the above mentioned animals or birds which shall have been trapped or ensnared or killed in the time above mentioned.

The having in possession any of the above mentioned animals or birds recently killed by any person or persons, between said dates, shall be deemed and taken as prima facia evidence that the same was trapped, ensnared or killed by the person or persons having in possession the same in violation of the provisions of this act.

§ 4. Any person violating any of the provisions of this act shall forfeit and pay the sum of fifteen dollars for each deer, fawn or elk, ensnared, trapped or killed, bought, sold or held in possession; and three dollars for any bird of game above mentioned, thus killed, ensnared, trapped, bought or sold, or held in possession.

§ 5. Any person who shall go upon any other person's premises or corporation, and shall be found hunting, trapping or ensnaring any of the above mentioned birds or animals, within the times prohibited by this act, shall be deemed guilty of trespass, and may be prosecuted by the person or persons owning said premises or corporation, before any justice of the peace of the county or other courts of competent jurisdiction, and fined in any sum not less than three dollars nor more than fiftyto be paid one moiety to the complainant and one to the school fund commissioners of the county for the benefit of the schools of said county; provided, however, that a judgment against a person for a violation of this act, under sections one, two, three, and four of the same, shall be a bar to any suit under this section of this act, for the same offence.

§ 6. A prosecution may be brought by any person, in the name of the territory of Nebraska, against any person or persons violating the 1st 2d, 3d, and 4th sections of this act, before any justice of the peace of the county in which such violations of this act are alleged to have taken place, or before any court of competent jurisdiction thereof, and any sum or sums so recovered shall be paid-one moiety to the complainant, and one to the school fund commissioners of the county, for the benefit of the common schools in said county.

§ 7. This act to take effect and be in force, from and after its passage.

Approved January 11th, 1860.

AN ACT

To fix the times of holding the district courts in the counties comprising the second judicial district of Nebraska territory.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the district court within and for the several counties, composing the second judicial district, shall be holden as follows:

Spring Term.

In the county of Otoe on the fourth Monday in March; in the county of Johnson on the fourth Monday in April; in the county of Gage on the first Thursday thereafter; in the county of Pawnee on the first Monday thereafter; in the county of Richardson on the first Thursday thereafter, and in the county of Nemaha on the second Monday thereafter.

Summer Term.

In the county of Otoe on the fourth Monday in June.

Fall Term.

In the county of Johnson on the first Monday in September; in the county of Gage on the first Thursday thereafter; in the county of Pawnee on the first Monday thereafter; in the county of Richardson on the first Thursday thereafter; in the county of Nemaha on the second Monday thereafter; and the county of Otoe on the third Tuesday in October. § 2. All writs, process matters and proceedings whatsoever, returnable at the next terms of any of said courts, where service of process has been made as directed by law, either personally or by publication, under any law now in force shall, for any purpose be deemed and held to be returnable at the terms herein appointed.

§ 3. That all laws and parts of laws inconsistent with this act be, and the same are hereby repealed.

§ 4. That this act shall take effect and be in force from and after its passage.

Approved January 11th, 1860.

AN ACT

Supplemental to an "Act for locating, opening and repairing county roads," approved October 29, 1858.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That supervisors of roads shall execute a bond in the name of the county, in a sum equal to double the amount of road tax, in their respective districts, with at least two sureties, to be approved by the county commissioners.

§ 2. All moneys and labor performed in lieu thereof by the actual residents of the several districts, shall be expended under the superintend

ence of the supervisors thereof, for the benefit of the roads in their respective districts, but all moneys paid in their hands other than the above mentioned, shall be paid into the county treasury, to be expended under the superintendence of the county commissioners.

Any violation of this section shall subject the offender to a fine for the use and benefit of the county of not less than fifty dollars, nor more than five hundred dollars.

§ 3. The county treasurer shall retain all monies paid in his hands for road purposes as a specific road fund, and shall publish an annual statement of the disbursements of the same, together with a similar statement of the entire amount of taxes levied and paid and the current receipts and expenditures of the county.

§ 4. The county commissioners may let contracts to the lowest and best bidders for the improvement of such roads as may be of general necessity, and pay for the same by orders on the county treasury, to be paid from said road fund, but no contracts shall be entered into for a greater sum than double the amount of the fund on hand at the time of the letting of the same.

§ 5. All roads shall be of an uniform width of four rods, and shall be marked with a furrow on each side or in the center of the same, or with permanent stakes.

§ 6. The county commissioners shall have power to re-survey and re-locate territorial roads as provided for in the aforesaid "Act for locating, opening and repairing County Roads," approved October 29, 1858, but no re-location shall be permitted which shall change the location of the same at the intersection of county lines, without a corresponding change and similar re-location by the commissioners of such adjacent county or counties.

§ 7. This act to be in force from and after its passage. Approved January 11th, 1860.

AN ACT

To provide for the holding of district court in the town of Columbus, in Platte county.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the judge of the first judicial district of the territory shall hold a term of the district court in the town of Columbus, within and for the county of Platte, on the second Tuesday of May, A. D. 1860, and annually thereafter; Provided, That if the judge of said district may deem it necessary, he may order two terms in each year to be held in said county of Platte.

§ 2. The counties west of said county of Platte shall be attached thereto for judicial purposes, until otherwise provided.

§ 3. All acts and parts of acts conflicting with this act are hereby repealed.

§ 4. This act to take effect and be in force from and after its passage. Approved January 12th, 1860.