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Treasurer

city

required to collect said assessment in the same manner as other County taxes collected by him, and when collected shall pay the same to to collect the Treasurer of said city; and for the purpose of enforcing the taxes. collection of said assessment, he shall have the same power and authority now allowed by law for the collection of State and county taxes.

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SEC. 64. All rights and property, of every kind and description, This act which were vested in any municipal corporation under its former existing rights and organization shall be deemed and held to be vested in the same liabilities. municipal corporation under the organization made by this act; and no rights or liabilities, either in favor of or against such corporation existing at the time of taking effect of this act, and no suit or prosecution of any kind, shall be in any manner affected by such change, but the same shall stand or progress as if no such change had been made; Provided, That when a different remedy is given in this act, which can be made applicable to any rights existing at the time of its passage, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly.

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SEC. 65. That the Mayor, Trustees, Marshal, Treasurer and all All officers officers heretofore elected by the people, or appointed by any until the municipal corporation, now in office, shall remain and continue in eral electheir respective offices, and perform the several duties thereof, under the provisions of this act, until the time shall expire for which they shall have been elected or appointed, and until their successors shall be chosen or appointed and qualified; but all such officers shall, notwithstanding any instruction in this act, be subject to such rules and regulations touching their duties or compensation, as the proper authority of any municipal corporation may provide; and all laws, ordinances and resolutions heretofore lawfully passed and adopted by the City Council, shall be, remain, and continue in force, force. until altered or repealed by the City Council established by this

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All ordinances continue in

Governor

whenever

SEC. 66. That whenever it shall appear to the satisfaction of the Governor of this State that any city within this State contains Duty of the the number of qualified voters specified in the first section of this of State act, he shall issue his proclamation announcing that said city is any city entitled to all the rights and privileges, and subject to all the required restrictions and limitations of this act the same as if specially named therein.

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SEC. 67. That the Police Judge herein provided for, shall be appointed by the Governor of this State, to serve until the general ⚫ election for city officers on the first Tuesday in June, 1869, and State until until his successor shall be duly elected and qualified, and that all election. other officers, additional to those heretofore elected in any city offices to be which may be entitled to the benefits of this act, and whose election City Coun- or appointment shall be required by this act, shall be appointed by the City Council of such city, and shall hold their respective offices and perform all and singular the duties of the same, until the general election for city officers herein provided for, on the first Tuesday in June, 1869, and until their successors are duly elected or appointed and qualified, as provided in this act.

cil.

SEC. 68.

This act shall take effect and be in force from and after its passage, and all laws or parts of laws inconsistent with the provisions of this act, be and the same are hereby repealed. Approved February 8, 1869.

District

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amended

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county

act as

clerks of District Court.

AN ACT

To Amend Section 1 of an act entitled An Act, to provide for the Appointment of
Clerks of the District Court, Approved June 22d, 1867.

SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That Section one of An Act to provide for the Appointcourt clerks ment of Clerks of the District Court, Approved June 22d, 1867, in the words and figures following: "Section 1. Be it enacted by appoint is the Legislature of the State of Nebraska, That the Judge of each Judicial District is hereby authorized and required to appoint a clerks shall Clerk of the District Court in and for each organized county or counties for which terms of the District Court shall be hereafter called as provided by law," Be and the same is hereby amended, so as to read: The county Clerks shall, ex-officio, be Clerks of the District Court in and for their respective counties, and the said county Clerks shall keep the books, records, and [all] instruments which are now and may hereafter [be] provided by law to be kept, deposited or filed with the Clerk of the District Court in the same manner that the Clerk of the District Court is by law required to keep the same. And the said county Clerks shall [do] and perform all and singular, the duties of Clerks of the District Court in their respective counties, and shall have and receive the same compensa

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tion which by law is, or may be allowed to Clerks of the District Court.

counties

SEC. 2. That it shall be the duty of every Clerk of a District Court who is not a county Clerk to immediately deliver over to the County Clerk of his courts all books, records, documents, papers and instruments belonging to the office of the Clerk of the District Certain Court in his county; Provided, That the counties of Douglas, excepted Nemaha, Gage, Dodge, Sarpy, Pawnee, Merrick, Hall and Buffalo ration of be and are hereby exempted from the operation of this act. SEC. 3. This act shall take effect and be in force from and after Take effect the 4th day of July, 1869.

Approved February 9, 1869.

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this act.

July 4, 1869.

AN ACT

To Amend Section Sixty-two and Sixty-three of Chapter 1 of Title five of the
Revised Statutes, Entitled manner of Commencing Civil Actions.

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precipe with clerk.

SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That Section Sixty-two of Chapter 1 of Title five of the Revised Statutes, entitled manner of commencing civil actions, "which reads as follows: A civil action must be commenced by Civil acfiling in the office of the Clerk of the proper court a petition, and menced by causing a summons to be issued thereon," "Be and the same is filing a hereby amended," to read as follows: A civil action must be commenced by filing in the office of the Clerk of the proper court a precipe stating the names of the parties, the nature of the action, the amount for which judgment is claimed, or the substance of the judgement, or relief asked for, and causing a summons to be issued thereon.

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SEC. 2. That Section sixty-three, which reads as follows: the plaintiff shall also file with the Clerk of the court a precipe stating the names of the parties to the action and demanding that a summons issue thereon, Be and the same is hereby amended, to read as follows: The plaintiff shall also on or before the return day of the Petition to summons, file with the Clerk of the court who issued the summons the petition in the case.

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SEC. 3. This act [to] take effect and be in force from and after

passage.

Approved February 9, 1869.

be filed on or before return day of summons

AN ACT

Incorporating Subordinate Lodges of Masons, Odd Fellows and Good Templars. SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That all organizations known as Subordinate Lodges of Incorpora- the Order of Ancient Free and Accepted Masons, and all organizacret socie- tions known as Subordinate Lodges of the Independent Order of ties. Odd Fellows, and also all organizations known as Good Templars

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Charter

er name of .

tion.

Lodges, which have been or may hereafter be regularly chartered by the respective Grand Lodges of the said several orders in the State of Nebraska, be and they are hereby incorporated, and shall be hereafter entitled to all the privileges incident to bodies corporate, so long as they retain their respective organizations and charters aforesaid.

SEC. 2. All such Subordinate Lodges of Masons, Odd Fellows name prop- and Good Templars, shall be known by the name and title designated incorpora- in their several respective charters, as issued by the said Grand Lodges, by which name they shall be capable of suing and being sued, pleading and being impleaded in the several courts of this State the same as natural persons, and shall have power to hold and convey real estate and personal property, and do any and all other things usually done by corporations.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved February 9, 1869.

Attorney
General,

AN ACT

To define the duties of the Attorney for the State and provide for his payment. SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That until there shall be an Attorney General for this State the duties of the Attorney for the State, whose appointment his duties. is provided for by the Act Approved June 21st, 1867, shall, in addition to those devolved upon him by said Act, be such as are usually performed by the Attorney General of a State.

Salary to

the Gover

nor.

SEC. 2. The said Attorney for the State shall receive as combe fixed by pensation for his services such sum as the Governor shall deem fair and just and as is paid in similar cases, to be audited and paid in same manner as the salary of State officers, and there is hereby appropriated, to be paid out of any moneys in the State Treasury

not otherwise appropriated, such sum as may be sufficient for the payment of said Attorney as prescribed by this act.

SEC. 3. This Act shall take effect and be in force from and

after its passage.

Approved February 9, 1869.

AN ACT

ture.

Board of

annually to

To amend Section Eleven Chapter 1 of the Revised Satutes, entitled "Agriculture." SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That Section Eleven, Chapter one of the Revised Statutes, entitled "Agriculture," which reads as follows, to-wit: Agricul"It shall be the duty of said board to make an annual report to the General Assembly of the Territory, embracing the proceedings of to report the board for the past year, and an abstract of the proceedings of Legislature the several subordinate societies, so as to give a general view of the condition of agriculture throughout the Territory, accompanied by such recommendations as they may deem important and useful. For the purpose of aiding agricultural pursuits in this Territory, the sum of three hundred dollars is hereby appropriated out of the Territorial Treasury, and annually hereafter, subject to the order of the President and Secretary of the Territorial Board of Agriculture, said amount to be used in the payment of premiums awarded by said board in the various branches of agriculture, and for no other purpose; Provided, That should the board fail in any year to offer and award premiums for the encouragement of agricultural pursuits, then the benefits of this chapter shall not be available that year," Be amended so as to read as follows, to-wit: It shall Amended. be the duty of said board to make an annual report to the General Report anAssembly of the State embracing the proceedings of the several islature. subordinate societies, so as to give a general view of the condition of agriculture throughout the State, accompanied by such recommendations as they may deem important and useful. For the purpose of aiding agricultural pursuits in this State the sum of one thousand dollars is hereby appropriated out of the State Treasury, One thouand annually hereafter, subject to the order of the President and sand dol Secretary of the State Board of Agriculture, said amount to be President used in the payment of premiums awarded by said board in the tar various branches of agriculture and for no other purpose; Provided, That should the board fail in any year to offer and award premiums

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