Page images
PDF
EPUB

remained unclaimed for three months after its reception as aforesaid, 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. [Same-Proceedings before justice.]-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 expenses 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 the notice, and whether the owner of such property is known or unknown.

SEC. 5. [Same.]-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 to be made, and shall make and 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.

SEC. 6. [Notice.]-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. [Sheriff's return.]—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. [Expenses.]-From the proceeds of such sale the justice shall pay the charges and expenses legally incurred in respect to such property, or a rateable proportion to each claimant if there be not sufficient to pay the whole; and such justice shall ascertain and determine the amount of such charges in a summary manner, and shall be entitled to three dollars for each days services rendered by him in such proceeding.

SEC. 9. [Avails-Disposition.]-Such justice shall deliver to the treasurer of the county in which the property was sold, the affidavit, inventory, and order of sale and return hereinbefore mentioned, together with a statement of the charges and expenses incurred in respect to such property as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such treasurer any balance of the proceeds of the sale remaining after payment of such charges, expenses, and fees.

SEC. 10. [Duties of treasurer.]-The treasurer shall file in his office, and safely keep all the papers so delivered to him, and make a proper entry of the payment to him of any moneys arising from such sale, in the books of his office.

SEC. 11. [Money paid to owner.]-If the owner of the property sold, or his legal representatives, shall, at any time within five years after such moneys shall have been deposited in the county treasury, furnish satisfactory evidence of the ownership of such property, he or they shall be entitled to receive from such treasurer the amount deposited with him.

SEC. 12. [Money paid to school fund.]—If the amount so deposited with any county treasurer shall not be paid to such owner, or his legal representatives, within the said five years, such county treasurer shall pay such amount into the school fund of the proper county, to be appropriated for the support of schools. SEC. 13. [Warehouse receipts-Negotiable-Lien.]-Any packer of pork or beef, or any manufacturer of distilled spirits, having a warehouse for the storage of his own products; and any keeper of an elevator, warehouse or crib where he stores his own grain, may issue receipts for his own meats, spirits or

grain which he actually has so stored, in the usual form of warehouse receipts, which shall have the same force and effect as the receipts issued by the keeper of a public warehouse, to parties having property so stored therein, which receipt shall be negotiable by indorsement, and entitle the bona fide holder thereof advancing money on the credit of the same to a lien upon the property so stored and described therein, for the money so advanced, as to all subsequent purchasers and creditors of any person interested therein from the issue of such receipts and the advance of such money. [1879 § 1, 73. Amended 1887, chap. 90.]

SEC. 14. [Same-Fraudulent-Penalty.]-If any person described in the preceding section shall execute and deliver or cause to be executed and delivered, to any other person, false, fraudulent or fictitious warehouse receipts, acknowledgment, or other instrument in writing to the effect that he had in store in his warehouse, elevator or crib, meats, spirits or grain, whereas, in fact he had not the same so stored, according to the purport or effect of said receipt, acknowledgement or writing; or having issued his receipt thereon as in the preceding section provided, shall sell or incumber, ship, transfer or in any manner remove_beyond his immediate control, the property described in such receipt, without first having discharged the lien in said section provided, or without the written consent of the holder of such receipt, with the intent to deceive or defraud, or injure any person whomsoever, or if any person shall endorse, assign, transfer or deliver to any other person any such false or fraudulent receipt, acknowledgment or instrument in writing, knowing the same to be false, fraudulent or fictitious, with like intent, such person shall be judged guilty of a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding one thousand ($1,000) dollars and imprisonment in the penitentiary of this state not exceeding three years. [Id.]

CHAPTER 93.-WARRANTS.

SECTION 1. [Warrants, when payable.]-All warrants upon the state treasurer, the treasurer of any county, or any municipal corporation therein, shall be paid in the order of their presentation therefor. [1871 § 1, 113. G. S. § 1, 891.j

SEC. 2. [Warrant register.]-The treasurer of this state, and the treasurer of every county and every incorporated city or town therein, shall keep a warrant register, which register shall show, in columns arranged for that purpose, the number, date and amount of each warrant presented and registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed, as hereinafter provided.

SEC. 3. [Warrant-Registration-Endorsement.]-It shall be the duty of every such treasurer, upon the payment of a fee of ten cents by the holder of any warrant, or by any person presenting the same for registration, in presence of such person, to enter such warrant in his "warrant register," for payment in the order of presenting for registration, and upon every warrant so registered, he shall endorse "registered for payment," with the date of such registration, and shall sign such endorsement; Provided, That nothing in this act shall be construed to require the holder of any warrant to register the same, but such warrant may be presented for payment and endorsed, "presented and not paid for want of funds," and shall draw interest from the date of such presentation, as now provided by law.

SEC. 4. [Separate package for each warrant-Notice.]—It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the

SECS. 1-12. "An act to prescribe the duties of the state treasurer, of the treasurer of counties and of other municipal corporations in certain cases, and to enforce their performance." Laws 1871, 113. Took effect May 1, 1871. Chap. 65, G. S. 891. Sec. 1, cited 10 Neb. 31,

credit of the particular fund upon which the same is drawn, such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package.

SEC. 5. Treasurer's receipts for money paid.]-The state treasurer shall make triplicate receipts, under the seal of his office, for all sums which shall be paid into the treasury, showing the amount paid in to the credit of each separate fund, in cash and in warrants separately, two of which receipts he shall deliver to the person making such payment, and the person making such payment shall deliver one of such receipts to the auditor who shall credit such person accordingly, and the treasurer shall retain one of said triplicates in his office.

SEC. 6. [Receipts by county treasurer.]--Every county treasurer shall make out triplicate receipts, for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash or warrants, county or road orders, or supervisors receipts; one of which triplicates the treasurer shall deliver to the person making such payment, and he shall within six days file with the county clerk, the third he shall retain in his office.

SEC. 7. [Receipts by city treasurer.]--The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office.

SEC. 8. [Treasurer's duties-Cash book-Register.]—Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the account for that year in such reg. ister, and shall carry forward the excess.

SEC. 9. [Failure to keep books-Penalty.]-Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or who shall fail to keep his cash book footed from day to day, as required by this act, for the space of three days, shall forfeit for each offense, the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

SEC. 10. [Inspection of books.]-The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered, and unpaid.

SEC. 11. [Failure to notify-Penalty.]-Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person reg. istering such warrant, shall forfeit to such person ten per cent. on the amount of such warrant, and ten per cent. additional for every thirty days thereafter, during which such failure shall continue.

SEC. 12. [Failure to register or pay-Penalty.]-Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants

is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

SEC. 18. [Issuing duplicate warrant.]-Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine endorsement thereon or otherwise. [1875 § 1, 176.]

CHAPTER 94.-WEIGHTS AND MEASURES.

SECTION 1. [Standards-Tons.]--The standard of weights and linear measures shall be the same as that established by act of congress, for the several states, except that the ton shall consist of two thousand pounds.

SEC. 2. [Bushel-Subdivisions.]-A bushel shall consist of two thousand one hundred and fifty cubic inches. The half-bushel, peck, and half-peck shall consist of the proper division and subdivision of a bushel.

SEC. 3. [Gallon.]-A gallon shall consist of two hundred and thirty-one cubic inches.

SEC. 4. [Pound.]—A pound avoirdupois shall consist of seven thousand grains in Troy weight.

SEC. 5. [Weight of bushel of articles.]—A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

4

Seeds, Millet....

Osage orange.
Sorghum..

Timothy grass

Salt..

Turnips.

Wheat

50 pounds.

Amended Laws 1883, chap. LXXXI.J

[merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors]

SEO. 6. [False weights and measures-Penalty.Any person who shall knowingly keep false weights or measures, and shall buy and sell articles thereby, shall forfeit and pay, upon conviction, a fine of not less than five, nor more than twenty-five dollars, to be recovered before any court having competent jurisdiction; the fine shall be appropriated to the use of the common schools in the same county; he shall also be liable to the injured party in double the amount of damages, with the costs of suit.

CHAPTER 95.-THE LAWS OF NEBRASKA.

ARTICLE I.-REVISED STATUTES OF 1866.

SECTION 1. This act shall be known as "The Revised Statutes of Nebraska," and is hereby declared to be the law of the territory of Nebraska, and shall take effect and be in force from and after the first day of July, in the year of our Lord one thousand eight hundred and sixty-six. [R. S. 683. G. S. 1079.]

SEC. 2. "An act to establish a code of civil procedure," approved November 1, 1858, and an act supplemental thereto, approved November 4, 1858, "An act to adopt and establish a criminal code for the territory of Nebraska," approved 1858, all laws and acts amendatory of and supplemental to said code, and all acts and laws of a general nature relative to the civil and criminal laws and proceedings of this territory, passed prior to the eleventh session of the legislative assembly begun and held at Omaha on the first Thursday after the first Monday in January, 1866, and all acts and parts of acts conflicting with the provisions of this revision, are hereby repealed; Provided, The re-enactment, amendment or repeal of any law, act, title, section, chapter or provision of the civil or criminal code, or of any general law of this territory, shall in nowise affect any contract, right, claim, interest, title, action or liability which may have accrued, or any order, judgment, decree, sale, recognizance, instrument.or proceeding made, entered or had under any provision of the laws hereby re-enacted, amended or repealed, nor shall such re-enactment, amendment or repeal in anywise affect any criminal prosecution heretofore commenced, or any fine, penalty, forfeiture or punishment for crimes and misdemeanors committed before the taking effect of this revision, but such prosecution shall be carried on and continued in the manner now provided by law, and all fines, penalties and forfeitures heretofore incurred, and crimes and misdemeanors committed, shall be prosecuted the same as if no re-enactment, amendment or repeal had been made. [Id.]

SEC. 3. Whereas, Certain discrepancies exist between the original rolls on file in the office of the secretary of the territory, and the published laws of the eleventh session of the legislative assembly of this territory; Be it further enacted, That whenever such discrepancies exist, the volume of laws published under the title of "The Revised Statutes of the territory of Nebraska," in force July 1, 1866, shall be taken and received as the laws of this territory, until afterwards amended or repealed. [1867, 12 Sess. Ter. § 2, 7.]

SEC. 4. That the volume of laws published under the title of "The Revised Statutes of the territory of Nebraska," and the appendix thereto, shall be hereafter received in all courts of this territory, anything in the original rolls on file in the secretary's office to the contrary notwithstanding. [Id. § 3.]

SEC. 6. As to double damages, see 6 Neb. 37.

ART. I. Secs. 1-2 R. S. 683, and secs. 2-3 of "An act to amend the code of civil procedure." Laws 12th Sess. Terr., 7.

« PreviousContinue »