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Secretary and enquire whether or not it is his intention to pay the members of the Legislature their per diem and mileage for the special session, provided the regular session should commence upon the fifth instant, and further, whether if the regular session should not commence until the time now fixed by law, he will pay for said special session.

1 On motion, The resolution was adopted.

The Chair appointed on said committee, Messrs. Taffe, Rankin and Davis of Washington.

Mr. De Puy presented a petition in reference to the bridge across the Elkhorn river,

Which was referred to Committee on Roads.

Mr. Daily presented a petition in reference to a road in Nemaha county,

Which was referred to Committee on Roads, with instructions to report a bill in accordance therewith.

Mr. Mason, from Committee on Judiciary, reported

C. B. No. 8, A bill for an act to establish a Criminal Code for the Territory of Nebraska," with sundry amendments thereto.

Which, on motion, were adopted.
The following message from the Council was received:

}

COUNCIL CHAMBER,

Oct. 2, 1858. Mr. Speaker:

I am instructed to inform your honorable body that the Council has passed

C. B. No. 38, “A bill for an act changing the time for convening the Legislative Assembly of the Territory of Nebraska, and other purposes." And the concurrence of the House is requested.

S. M. CURRAN, Chief Clerk. Also, the following:

COUNCIL CHAMBER,

Oct. 2, 1858. Mr. Speaker:

I am instructed to inform your honorable body that the Council has passed

C. B. No. 34, “ Joint memorial and resolution relative to a homestead."

Also, C. B. No. 15, "An act providing for the appointment of deputies."

Also, C. B. No. 18, "An act authorizing private persons to sue out writs of quo warranto and mandamus."

Also, C. B. No. 39, “ An act to authorize Richard Kimball and Richard Hogaboom to establish and keep a ferry across the Platte river at Larimer city.”

Also, C. B. No. 10, “A bill for an act concerning county prisons in Nebraska.And the concurrence of the House is requested.

S. M. CURRAN, Chief Clerk.

C. B. No. 10, “A bill for an act concerning prisons in Nebraska,"

Was read first and second time, and referred to Committee on Public Buildings and Grounds.

C. B. No. 15, A bill providing for the appoinment of deputies,” Was read first and second time, and referred to Committee on Militia.

C. B. No. 18, "An act authorizing private persons to sue out writs of quo warranto and mandamus,"

Was read first and second time and referred to Committee on Judiciary.

C. B. No. 39, “An act authorizing Richard Kimball and Richard Hogaboom to establish and keep a ferry across the Platte river at Larimer city,”

Read first and second time and referred to Committee on Incorporations.

C. B. No. 34, "Joint memorial and resolution relative to a homestead,"

Read first and second time and referred to Commmittee on Judiciary.

Mr. Noel, from Committee on Engrossed and Enrolled Bills, reported H. B. No. 10, “An act to create a lien in favor of mechanics and others in certain cases," as correctly engrossed.

Mr. Briggs, from Joint Committee of Conference, submitted the following report:

Your Committee of Conference, appointed on the part of the Council and House of Representatives, having had under consideration C. B. No. 4, "A bill for an act changing the time fixed by law for convening the Legislative Assembly," beg leave to submit as a substitute for the the same, C. B. No. 38, "A bill for an act changing the time for convening the Legislative Assembly of the Territory of Nebraska, and other puposes," and unanimously recommend its passage.

R. W. FURNAS,
W. G. CRAWFORD,
CLINTON BRIGGS,
WM. J. YOUNG,

WM. A. GWYER.
On motion of Mr. Rankin,
The report of the committee was accepted.

Mr. Rankin moved that the subject matter of the report be indefinitely postponed.

Mr. Steinberger moved to lay the motion to postpone on the table, On which the ayes and nays were called.

Ayes.—Messrs. Bramble, Briggs, Cassell, Clark, Collier, Cooper, Davis of Cass, Dean, Fleming, Gwyer, Hall, Lee, Mason, Noel, Roeder, Steele, Steinberger, Young.-18.

Nays.- Messrs. Davis of Washington, Daily, De Puy, Marquette, Rankin, Seymour, Stewart, Taffe, Wattles.-9.

Carried.

Mr. Briggs now moved to adopt the report of the Committee of Conference.

Carried. C. B. No. 8, "A bill to establish a Criminal Code for the Territory of Nebraska," was now taken up on its third reading, during which

On motion of Mr. Daily, Further reading of the bill was dispensed with, the rules suspended, and the bill read a third time by title and put on its passage.

On which the ayes and nays were called:

Ayes.—Messrs. Bramble, Briggs, Cassell, Clark, Collier, Cooper, Davis of Casa, Davis of Washington, Daily, Dean, Doom, Fleming, Gwyer, Hall, Lee, Marquette, Mason, Noel, Rankin, Roeder, Seymour, Steele, Steinberger, Stewart, Taffe, Wattles, Young.-27.

Nays.—0.
Passed and title agreed to.

On motion of Mr. Gwyer,
The House proceeded to business on the Speaker's table.

C. B. No. 38, “A bill for an act changing the time of convening the Legislative Assembly of the Territory of Nebraska, and other purposes," Was read first time.

On motion of Mr. Gwyer, The rules were suspended, and the bill read second and third times by title, and put on its passage.

On which the ayes and nays were called:

Ayes—Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Dean, Doom, Fleming, Gwyer, Hall, Lee, Mason, Noel, Rankin, Roeder, Seymour, Steele, Young, Steinberger.—23.

Nays—Messrs. Daily, Marquette, Stewart, Taffe, Wattles.—5.
Carried.
Bill passed and title agreed to.

H. B. No. 10, "A bill for an act to create a lien in favor of mechanics and others in certain cases,”

Was read third time and put on its passage, on which the ayes and nays were called:

Ayes—Messrs. Bramble, Briggs, Cassell, Olark, Clayes, Collier, Cooper, Davis of Cass, Daily, Dean, Doom, Fleming, Gwyer, Lee, Marquette, Mason, Noel, Rankin, Roeder, Seymour, Steele, Steinberger, Stewart, Taffe, Young.-25.

Nays.-0.

Carried.
Bill passed and title agreed to.
On motion of Mr. Clark,
The House took a recess until 31 o'clock P. M.

3} o'clock P. M. The House having resumed business.

On motion, A committee of three were appointed to act with a like committee from the Council, whose business it should be to wait

upon

His Excel. lency the Governor with bills passed and obtain his signature to the

same.

Committee Messrs. Collier, Noel and Lee.

On motion, The House resolved itself into a Committee of the Whole on the state of the Union, Mr. Rankin in the Chair.

The committee rose without making any report.
The following message from the Council was received :

COUNCIL CHAMBER,

Oct. 2d, 1858. Mr. Speaker :

I am directed to inform your honorable body that the Council have concurred in the amendments of the House to C. B. No. 8, An act to establish a Criminal Code for the Territory of Nebraska.”

S. M. CURRAN, Chief Clerk.

1858.}

Messrs. Davis of Washington and Cooper obtained leave of absence until Tuesday next.

Mr. Mason obtained leave of absence for two days.
Mr. Gwyer moved to adjourn until Monday morning at 9 o'clock.
Carried; and
The House adjourned at 5 o'clock P. M.

AN AOT

Changing the time for convening the Legislative Assembly of the

Territory of Nebraska, and other purposes. Sec. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the regular session of the General Assembly of the Territory of Nebraska, which was to have been held commencing on the first Monday in January, 1859, is hereby declared and made to commence on Monday the 4th day of October, 1858.

§ 2. The officers of the Conncil and House of Representatives elected at the extra session convened by the proclamation of the Governor and commenced on the 21st day of September, 1858, shall continue and be the officers of the regular session, and the unfinished business of the Council and House of Representatives, done and transacted in the extra session, shall be acted upon and treated in the same manner as if the same had been done and performed in the regular session.

§ 3. The regular session of the Legislative Assembly of this Territory, after the one named in the first section of this act, shall convene at the Capitol on the first Monday of Norember, A. D. 1859, and on the same day annually thereafter. § 4. This act to take effect from and after its passage.

HIRAM P. BENNET,

Speaker of the House.
WM. G. CRAWFORD,

President of the Council, pro tem. Approved October 2, 1858.

W. A. RICHARDSON.

I hereby certify the foregoing to be a true copy from the original bill on file in this office.

Witness my hand and the great seal of the Territory, this (L. s.] fourth day of October, 1858.

J. STERLING MORTON,

Secretary of Nebraska.

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