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The same gentleman, on leave, also introduced,

H. B. No. 49, "A bill for an act to authorize S. B. Stough and H. A. Fuller to erect a mill dam across the Ayoway creek at Ponca, Dakota county,"

Which was read a first and second time, and referred to Committee on Corporations.

Mr. Mason gave notice of a bill to make married women responsible on their promissory notes and other obligations.

Mr. De Puy presented a petition praying for a charter for a ferry at Columbus in Platte county,'

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Which was referred to a Select Committee, consisting of Messrs. De Puy, Briggs and Steele.

The same gentleman also presented a petition praying for a law to restrain horses and other animals from running at large in the counties of Platte and Monroe,

Which was read and referred to Committee on Agriculture.

Mr. Hall from special committee to which was referred,

H. B. No. 29, "A bill to provide for the erection of a court house and jail in the county of Otoe,"

Reported the same back to the House and recommended its indefinite postponement.

On motion of Mr. Mason,

The bill was recommitted to same committee with instructions to report a bill having reference to the erection of a jail only.

Mr. Rankin, on leave, introduced,

H. B. No. 50, "An act supplemental to an act to amend chapter two of the laws of 1857, relative to district courts,"

Which was read first and second time, and referred to Committee on Judiciary.

The following message from the Council was received:

Mr. Speaker:

COUNCIL CHAMBER,

Oct. 14, 1858.

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I am instructed to inform your honorable body that Messrs. Reeves and Furnas have been appointed a joint committee on the part of the Council, upon the enrollment of bills by virtue of the seventh joint rule of the Council and House of Representatives."

S. M. CURRAN, Chief Clerk.

Mr. Clayes from special committee to which was referred

H. B. No. 23, “A bill to exempt a homestead and certain other property from forced sale,"

Submitted the following minority report:

Your committee to which was referred the bill entitled An act to exempt a homestead and certain other property from forced sale, have had the same under consideration, and beg leave to submit the following minority report:

That your committee are satisfied, that the passage of a homestead law, without limitation of value, would result to the prejudice of a large majority of the people of the Territory.

It would enable the debtor to live in luxury, and enjoy a life of abundance, and ease, while his many creditors, the victims of fraud, would be debarred all remedy. It would prove the refuge of fraud and injustice, after a successful conspiracy to obtain the fruits of honest labor.

Upon this subject the diversity of opinion between the majority and minority proved so great, that a compromise was impossible.

The minority of your committee conceive, that the rights of the creditor should equally be recognized with those of the debtor, and that rigid justice can not permit one man to reserve a luxurious home from out of the property of another. Recognizing as they do the free agency of each individual and his right to make such contracts and engagements as he may choose, they also believe that parties should be compelled to comply with the conditions of their contracts and to keep their engage

ments.

The consequences of reckless speculation, improvidence or miscalculation, should rest, not with the innocent creditor, but with him alone who neglects the rules of prudence; hence they can not but deprecate any legislation which holds the guilty debtor harmless and visits the injury upon the creditor.

The question for your committee to determine becomes-Has society any right to interfere between debtor and creditor, excepting to oblige the debtor to pay his liabilities to the extent of his means? In reply to which, they confidently declare that no discrimination should be made in favor of the debtor and against the creditor, excepting, so far as may be necessary, to provide himself and family with the means of securing an independence of public charity; humanity requires, and the interests of society alike demand, that they be not permitted to become a public burthen.

This amount, they believe, should be a money limitation, which is left blank in the bill herewith reported, as a substitute for the bill referred to your committee; the general provisions of which your committee recommend for the adoption of this House.

On motion,

The report was accepted.

On motion of Mr. Steele,

GEORGE CLAYES, Chairman,
WM. A. GWYER.

All further consideration of the report and the subject matter connected therewith, was deferred until to-morrow.

Mr. Taffe from Committee on Internal Improvements to which was referred,

H. B. No. 19, "A bill for an act to authorize Wm. A. Taylor, his heirs and assigns to keep a ferry across the Missouri river at Saint Deroin,"

And,

H. B. No. 25, "A bill to establish a ferry across the Missouri river at Wyoming, N. T,"

Reported the same back to the House without recommendation,
On motion,

The report was accepted.

Mr. De Puy from select committee to which was referred,

C. B. No. 1, "An act amendatory of an act entitled, an act to incorporate the Nebraska university."

Submitted the following report:

Your committee having had the above named bill under consideration, recommend its passage, with the following amendments, viz: Strike out all of sections four, six and eight, and amend section nine, so that it will read as follows: Sections one, two, three, five, six, seven, eight, eleven, twelve and thirteen of an act entitled "An act to incorporate the Nebraska University," passed at the first session of the Legislature of Nebraska, be and the same are hereby repealed.

On motion,

The report was received.

Mr. Mason, from Committee on Judiciary, to which was referred

H. B. No. 31, "An act concerning limited partnerships,"

Reported the same back to the House, with the following amend

ment: Strike out after the word "withdrawn," in the fourth line the words" either in the shape of dividends, profits or otherwise

Mr. Daily moved that the House adjourn.

Carried, and

The house adjourned at 11 o'clock A. M.

FRIDAY, October 15, 1858.

House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.

Mr. Fleming presented the credentials of Mr. James D. Ramsey, showing him to be entitled to a seat as a member of this House.

Whereupon, the oath of office was duly administered by the Speaker to Mr. Ramsey.

Messrs. Young, Mason and Cooper obtained leave of absence.
Mr. Dean, on leave, introduced

H. B. No. 51, "A bill for a territorial road from Nebraska city to Pawnee city,"

Which was read first and second time, and referred to Committee on Roads.

Mr. Daily, on leave, introduced

H. B. No. 52, A bill for an act to authorize R. W. Frame to keep a ferry across the Missouri river at Peru, in Nemaha county,"

Which was read a first and second time, and referred to Committee on Corporations.

Mr. Wasson on leave introduced

H. B. No. 53, "A bill for an act to locate a territorial road from Nebraska city to Platte river,"

Which was read a first and second time, and referred to Committee on Roads.

Mr. Wasson, on leave, also introduced

H. B. No. 54, "A bill for an act to locate a territorial road from Wyoming to Salt creek."

Which was read a first and second time, and referred to Committee on Roads.

Mr. Stewart, from Committee on Corporations, reported Council Bills Nos. 7, 28, 36, 44, and 45, without amendment, and recommended their passage. Also, House Bills Nos. 44, 46 and 49.

Also,

C. B. No. 40, "An act to authorize Richard Kimball and Richard Hogaboom to establish and keep a ferry across the Platte river, at Larimer city,"

With the following amendment, viz:

In section four strike out "by an action of debt," and insert, "by civil action."

Mr. Rankin, from special committee to which was referred

H. B. No. 23, "A bill to exempt a homestead and certain other property from forced sale,"

Submitted the following report:

The special committee to whom was referred H. B. No. 23, "A bill to exempt the homestead of families," have had the same under consideration, and after carefully considering its provisions, would respectfully submit the accompanying bill as a substitute and urgently recommend its passage.

A homestead, in the true sense of the term, whether it be the humble cabin or the princely palace, is the centre of the family circle, and the family affections with all the household goods and sacred memories clustering around it. The very term suggests a something which should be secured beyond the reach of misfortune, and its holy precincts should never be invaded by the ruthless tread of the officers of the law. Sheriff, spare that home!

If you tear it from the possession of the owner, and drive him with his wife and children to seek new scenes, you harden a sensitive heart, and strike a fatal blow at that love and pride of state which should swell the heart of every citizen.

A home, with all of its endearments for every family, is the country's best guarantee of good citizenship and a patriotic population. Without it we are Arabs on the plain of life, deprived of those attachments and affections which are awakened and kept warm by the thoughts of 'Home, sweet Home."

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The very idea of limitation in value to such a possession, does violence to all our most cherished and preconceived notions of a homestead. There are a thousand things which endear and sanctify the precincts of home above price, to a member of a family, but have no value to the eye of the stranger. The shade tree planted by the father in early man

hood, and protecting his children from the suns of summer; the murmuring brook which mirrored the smiles of infancy; the woodbine planted and trained by the mother who is no more. Who shall give value to these, and who would not guard them from the sacrilegious touch of all invaders?

Your committee would see Nebraska covered over its broad extent, with homesteads which would be the pride of every family, and the ornament of the Territory-which the son would improve and the daughter adorn, and the wanderer fondly turn to, as the brightest spot in the memory of years-the sure haven of his hopes in adversity as in prosperity.

Mr. Gwyer, from Committee of Conference, to which was referred C. B. No. 13, "An act to amend an act entitled an act for locating, opening, repairing and changing county roads, approved January 26, 1856,"

Reported the same back with sundry amendments agreed upon by the committee.

Mr. Collier, from Committee on Judiciary, to which was referred

H. B. No. 26, "An act to amend an act entitled an act for revising, consolidating and preparing a general code for the Territory of Nebraska, approved January 26, 1856,"

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Reported the same back without amendment, and recommended its passage.

On motion,

That bill was then read third time, passed and title agreed to.

Mr. Fleming, from select committee, to which was referred

H. B. No. 14, "A bill for an act to establish permanently the county seat of Richardson county, by a vote of the people,"

Reported the same back without amendment, and recommended its passage.

On motion,

The report was adopted.

The bill was then read a first, second and third time,

Passed and title agreed to.

Mr. Briggs from Committee on Privileges and Elections to which was referred,

H. B. No. 59, "An act to change the time for convening the Legislative Assembly,"

Reported the same back to the House and recommended that it do not pass.

On motion,

The report was received.

Mr. Lee from Special Committee to which was referred,

H. B. No. 39, "A bill for an act to restrain sheep and swine from running at large in Cass, Otoe, Nemaha, Richardson and Pawnee counties,"

Reported the same back with the amendment of an additional section and recommended its passage.

On motion of Mr. Marquette,

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