9. County board of equalization, sec. 29.

10. Commissioners levy taxes, sec. 31.

11. County clerks prepare tax list and duplicate, sec. 32 and 33.

12. County treasurer and collecting the taxes, secs. 34, 35, 36, 37, 38 and 39.

13. Taxes become delinquent, sec. 39.

14. Distress, advertisement and sale, sec. 40 and 64.

15. Peddler's taxes, sec. 65.

16. Treasurer of county to settle with treasurer of territory, sec. 73. 17. Treasurer of county to settle with commissioners, sec. 75. 18. Fees of revenue officers, sec. 77.

19. Repealing clause and saving clause, sec. 78.

Act to take effect, sec. 79.

AN ACT

To create the office of prosecuting attorney and to abolish the office of district attorney.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That there shall hereafter be elected in each county of this territory, by the qualified electors of the county on the second Tuesday of October, in the year eighteen hundred and sixty-one, and biennially thereafter in the same manner as other territorial and county officers are elected, one prosecuting attorney, whose term of office shall commence on the first Monday of November next after his election, and he shall hold his office for the term of two years, and until his successor is elected and qualified.

§ 2. That it shall be the duty of said prosecuting attorney, to prosecute for and in behalf of the territory, all complaints, indictments and all suits and controversies in which the territory shall be a party, and such other suits, matters and controversies as shall be directed by law, within the county for which he shall have been elected, in the district court, and probate court, and in the supreme court in all cases arising in his county; and to pay over forthwith to the county treasurer all moneys belonging to said county, which he may collect, or which may come into his hands by way of fines, forfeitures, costs or otherwise, and take the treasurer's duplicate receipts therefor, one of which he shall file with the commissioner of his county, and upon failure to pay over said moneys as herein required, said prosecuting attorney shall be removed from office in manner as prescribed in the eighth section of this act.

§ 3. That each and every prosecuting attorney hereinafter elected under the first section of this act, shall before entering upon the duties of his office, take an oath or affirmation, to be endorsed upon his certificate of his election, to support the constitution of the United States, the Organic Law of this territory, and that he will faithfully discharge the duties of his office; and said prosecuting attorney shall before entering upon the

duties of his office, give bond with sufficient sureties, to be approved by the county commissioners, to the territory of Nebraska, in any sum not less than five hundred dollars, conditioned that he will, according to the best of his skill and abilities, faithfully discharge all duties enjoined on him by law, and also, that he will honestly and faithfully pay over all moneys by him received as such prosecuting attorney in the manner directed by law, which said bond shall be filed with the county commissioners.

§ 4. That the prosecuting attorney for each county shall receive such compensation for his services in the district court, or other court having like criminal jurisdiction, for each term, as shall be allowed by the judge of such court, the amount of such compensation for both civil and criminal business pertaining to his office to be determined by the district court annually at its first term after the first Monday in November: Provided, that such compensation shall not exceed the sum of one hundred dollars for each term; and shall be in full for all services required by law to be performed in any other court and in the discharge of all other duties; all of the allowance made by the said court to prosecuting attorneys contemplated by this act to be paid out of the county treasury on the order of the county commissioners.

§ 5. It shall be the duty of the prosecuting attorney of each county, upon the election of any officer therein required by law, to give bonds, to prepare all such bonds in legal form, and take special care that the forms of the same and every requisite thereof, are in conformity to law, and no such bond shall be accepted and approved, until the same has been so inspected by the prosecuting attorney, and the county commissioners shall make such an allowance to the prosecuting attorney for his services, as under this section, as shall be just and reasonable.

§ 6. That on the application of any prosecuting attorney, during the term of the district court, the court may if they think necessary, appoint an assistant prosecuting attorney; for whose services the court in which the services shall be rendered, shall make such allowance as shall be deemed just and reasonable.

7. That if the office of prosecuting attorney in any county in this territory shall at any time become vacant by death, disability, removal or resignation, or from any other cause whatever, the district court shall appoint a special prosecuting attorney, who shall give bond as required by the third section of this act, and said special prosecuting attorney shall hold his office until the proper prosecuting attorney shall resume his duties; and in case of any permanent vacancy until the next October election succeeding his appointment and until his successor shall be elected and qualified, and he shall perform the same duties and receive the same compensation therefor as is provided for in this act.

§ 8. That it shall be the duty of the district court in the several counties in this territory, upon complaint in writing in due form of law, signed by the person or persons making such complaint, and containing distinct charges and specifications against the prosecuting attorney of said county, for a wanton and willful neglect of duty as prosecuting attorney for said county, to cause such complaint to be filed and entered

upon its docket, and notice thereof to be given to the prosecuting attorney so charged; and upon the answer thereto of the prosecuting attorney, to be filed within a reasonable time, such as the court shall fix and limit, to proceed to hear the evidence in relation thereto, and if it shall appear to the satisfaction of said court, that the prosecuting attorney thus charged has wantonly and willfully neglected to perform his duties as required by law, the court shall, at the cost of said prosecuting attorney, remove him from office, and shall forthwith proceed to appoint another to fill the vacancy until the next annual election; but if the court shall, upon hearing, be of opinion that said prosecuting attorney is not guilty, then the court shall enter up judgment for costs against the person or persons making such complaint, to be recovered as upon judgments at law.

§ 9. That no person shall be eligible as a candidate for, or be elected to, the office of prosecuting attorney who is not an attorney and counsellor at law, duly licensed to practice in this territory; and no prosecuting attorney elected in pursuance of this act shall hold the office of county treasurer, county auditor or county recorder, county surveyor or sheriff.

§ 10. That if in any county in this territory where a term of the district court shall be held, there shall be no attorney and counsellor at law duly licensed to practice in this territory, resident therein, it shall be the duty of such court to appoint a special prosecuting attorney, possessing the requisite qualifications, for such term, who shall receive such compensation for his services as shall be fixed by the court, in accordance with the provisions of this act.

§ 11. That all laws or parts of laws conflicting with the provisions of this act, and all laws defining the duties of attorney general and district attorneys, and providing for the election and compensation of the same, be and the same is hereby repealed, and the office of district attorney is hereby abolished.

§ 12. This act shall take effect and be in force from and after the first day of October, A. D. 1861.

Approved January 11th, 1861.

AN ACT

To allow the funding of the indebtedness of the territory.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the secretary of the territory is hereby authorized and directed to prepare in due form, and cause to be printed in proper style the bonds hereinafter mentioned.

2. Such bonds shall be for the payment by the territory of Nebraska, of the sums specified therein, to the bearers thereof respectively, on the first day of January, one thousand eight hundred and seventy-two, and shall express that they are issued in pursuance of this act. They shall

be of the denomination of five hundred dollars, one hundred dollars, and fifty dollars respectively, and shall bear interest at the rate of seven per cent per annum, payable semi-annually, on the first day of January and the first day of July in each year. The bonds shall be signed by the governor and countersigned by the secretary of the territory; and when delivered, but not before, the seal of the territory shall be affixed thereto; and there shall be attached thereto coupons, for the payment of the respective instalments of interest above provided for, at the office of the territorial treasurer, which shall be signed by him. The bonds and coupons shall be as near as practicable in the usual form of those issued by states.

§ 3. The holder of any outstanding territorial warrants issued prior to the first day of January, A. D. one thousand eight hundred and sixtyone, may at any time after that date and prior to the first day of December next, present the same to the secretary of the territory, who shall, on request, deliver to such holder, bonds of either denomination as aforesaid as the holder may prefer, equal in amount to the principal and interest of such warrants.

§ 4. The secretary shall thereupon forthwith cancel such warrants by writing across the face in red ink, plainly legible, the following words (properly filling the blanks), viz:

"Canceled by the issue of bond No. this day of

1861.

A. D.

Secretary."

But if the amount of warrants presented shall exceed, by less than fifty dollars, the amount of bonds delivered in exchange therefor, all but one of such warrants shall be canceled as above, and on that one the secretary shall endorse and sign the amount paid by the issue of the bond, stating its number, which amount so endorsed shall apply on the principal warrant.

§ 5. The secretary shall record in a book kept for that purpose, and accessible to all citizens, a statement of all the bonds so issued, giving their number, amount, date, to whom delivered, and also of the warrants received therefor, giving the number, date, to whom issued and time when presented to the treasurer for payment; and the whole amount due on each for principal and interest; and also of the amount endorsed on any warrant not canceled (describing it); and as often as once in each month he shall deliver to the territorial treasurer all warrants so received by him, with a copy of such statement. The treasurer shall give the secretary a receipt for such warrants, and shall retain the same until the next session of the legislature or deliver them to his successor, to be retained until then; and such legislature shall appoint a committee to examine the whole matter, and if satisfied that this act has been faithfully complied with, shall then order such warrants to be publicly 'burned or destroyed, after causing a description of them to be made and reported to the legislature.

§ 6. To provide for the punctual payment of the interest and the gradual discharge of the principal of such bonds, there is hereby established a sinking fund, and the faith of the territory is pledged that the

same shall not be discontinued or impaired until the full payment of such bonds and interest. Such fund shall be created by an annual tax payable in money only. The rate of tax shall be decided on like other territorial taxes, by the "board of equalization," which shall not exceed one mill [on the dollar]. It shall be separately stated in the tax list, and shall be levied and collected in the same manner as other taxes, but it shall be payable only in money. For the year one thousand eight hundred and sixty-one it shall be sufficient, as near as can be estimated by the "board of equalization," to realize one-tenth of the whole amount of warrants outstanding on the first day of January, A. D. 1861, with the interest thereon, and for each year thereafter until the payment of all the bonds is provided for, it shall be sufficient, estimated as aforesaid, to realize one-tenth of the whole amount of bonds issued, not including interest. If the territorial "board of equalization" shall fail in any year to fix the rate of such tax in any or all the counties, then the county clerk in each county shall insert in the tax list in the appropriate column, a tax of one mill on the dollar valuation as the sinking fund tax, which shall be collected according to this act. And the tax provided for in this act shall in every case be inserted in the tax list and collected, whether so directed by the county commissioners or not.

§7. The money collected upon such tax shall be applied first to the payment of interest on such bonds, and secondly to the payment of the principal in the following manner;. The treasurer shall annually, between the first and fifteenth days of January, publish in a newspaper printed at Omaha and one printed at Nebraska city, a notice stating the amount in his hands applicable to the discharge of the principal of such bonds, and that he will receive sealed proposals up to some day named, not less than thirty nor more than forty days, from the first publication for the surrender of such bonds for payment; such proposal shall remain sealed until the time for presenting them expires, and on opening them the treasurer shall award the money in his hands to such holders, respectively, as have offered to surrender their bonds at the lowest price: Provided, They shall present the same within five days after such award, otherwise the money shall be paid to the next lowest bidder or bidders: Provided, also, That no bid shall be considered, and no money paid, above the par value or amount of the bonds.

§ 8. The treasurer shall forthwith cancel every bond paid by him as aforesaid, by writing across the face thereof in red ink, plainly legible, the words, "Paid in full this day of A. D. 186 Treasurer," (filling the blanks) and the legislature shall cause them to be destroyed as above provided in respect to territorial warrants which have been canceled. Provided, The first installment of interest shall be due on the first day of July, A. D. 1862, on the bonds herein provided for, and shall be payable out of any money then in the treasury or first received thereafter.

§ 9. If any officer or person, contrary to the provision of this act, knowingly issue, deliver, put in circulation, use, or in any manner dispose of any bond or bonds herein provided for, either before or after the