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While in committee the Speaker took the Chair in order to receive the following message from the Council:
Oct. 30, 1858. Mr. Speaker:
I am instructed to inform your honorable body that the Council has passed the following named bills, and the concurrence of the House is respectfully requested therein:
C. B. No 139, “ A bill for an act to incorporate the town of Parkersburgh."
C. B. No. 94, " An act to provide for repairing the Military road at the Elkhorn bridge."
C. B. No. 131, “Joint resolution relative to School lands."
C. B. No. 103, “A bill for an act to amend an act entitled a bill to incorporate the city of Omaha.”
C. B. No. 45, “ A bill for an act to amend an act entitled, “ Justices' Courts."
C. B. No. 108, “An act to leagalize the acts of certain commissioners of deeds and for other purposes."
C. B. No. 135, "An act to incorporate the city of Fort Calhoun, Nebraska.
C. B. No. 97, “An act to incorporate the Fort Calhoun and Iowa Ferry Company."
C. B. No. 116, "An act to dissolve the bonds of matrimony between James B. Hickman and Salina H. Hickman."
I also report to your honorable body
H. B. No. 80, “ A bill for an act to establish a territorial road from Cuming city landing, Washington county, to Fontenelle, Dodge county."
H. B. No. 28, “A bill for an act to organize and define the boundaries and locate the county seat of Dixon county,”
H. B. No. 12, "A bill to authorize certain officers to administer oaths and affirmations,"
H. B. No. 62, "An act to establish a territorial road from Bellevue, via Hazleton, in Sarpy county, to Elkhorn city, in Douglas county,"
H. B. No. 87, "A bill for an act to establish a territorial road from Omaha city, Douglas county, to Fontenelle, in Dodge county,"
H. B. No. 103, " A bill for an act to locate a territorial road from Peru, to the Kansas line, at or near Marysville, K. T.,"
H. B. No. 94, “An act to locate a territorial road from the city of Elkhorn to the Pappillion creek, at McArdle's,"
H. B. No. 89, “An act to locate a territorial road from Brownville, in Nemaha county, to Kingston, in Johnston county,”.
H. B. No. 92, “ A bill for an act to locate a territorial road from Omaha city, via Hazleton, to Forest city, in Sarpy county,"
H. B. No. 45, “A bill to authorize Thomas Patterson to erect a mill dam across Rock creek," and
H. B. No. 66, “A bill for an act to incorporate the town of Freemont, Dodge county, N. T.,"
The same having passed the Council without amendment.
I have also to inform you that the Council has concurred in the amendments of the House to
C. B. No. 105, “A bill for an act to restrain cattle, sheep, horses and swine from running au large in the counties of Platte and Monroe."
S. M. CURRAN, Chief Clerk.
The House having resumed business,
H. B. No. 9, “A bill for an act to establish the common school system in the Territory of Nebraska," With sundry amendments thereto, and recommended its passage.
On motion, The amendments were adopted, and the bill ordered engrossed for a third reading
Mr. Rankin, on leave, introduced
C. B. No. 104, “A bill for an act to fix the times for holding the district courts for the second judicial districts,"
Read third time, passed and title agreed to.
C. B. No. 107, “A bill for an act to require justices of the peace to give bonds before entering upon the discharge of their official business," Was now taken up.
On motion, The amendment reported by the Committee on Judiciary was adopted.
The bill was then read third time, passed and title agreed to.
Resolved, that the Engrossing Clerk be authorized such help as he may need, so that all bills may be engrossed and returned to this House with the least possible delay."
C. B No. 77, "A bill for an act to amend an act entitled Elections, approved January 26, 1856,"
Was now taken up.
Ayes-Messrs. Cassell, Cooper, Daily, Dean, Hall, Kline, Lee, Rankin.-8.
Nays-Messrs. Bramble, Briggs, Davis of Cass, Doom, De Puy, Gwyer, Marquette, Mason, Noel, Ramsey, Roeder, Seymour, Stewart, Taffe, Young.–15.
Committee Messrs. Daily, Mason and Gwyer.
Mr. Davis of Washington being absent, Mr. Kline was substituted for him on the select committee, to which which was referred the “apportionment bill."
Mr. De Puy, from Committee on Banks and Currency, to which was referred
H. B. No. 30, "An act to repeal certain acts of the Legislative Assembly of Nebraska Territory,"
Reported the same back without recommendation.
H. B. No. 124, “Joint resolution relative to Engrossing and Enrolling Clerks,"
Read first and second time, and referred to Committee on Accounts and Expenditures.
Mr. Stewart, on leave introduced
H. B. No. 125, “A bill for an act to provide for the copying, indexing and proof reading of the journals and laws, passed at the extra and regular sessions of the Legislature of Nebraska, during the year 1858,"
Read first and second time, and referred to same committee.
Mr. Mason, from select committee, to which was referred the protest of Messrs. Gwyer and others, submitted the following majority report:
Your select committee, to which was referred the matter of the protest of Messrs. Collier, Gwyer, Clayes and Clark, beg leave to submit to the House the following brief report, to wit:
That in their opinion, after a careful examination of the minutes, as well as the Journal of the House on the 21st inst., the journal does contain a truthful history of the proceedings on that day.
That it does not, and ought not to contain motions which were made and upon which points of order were raised, but which said motions were, by consent of the House, withdrawn.
Nor need it contain those points of order, as the same were withdrawn from the House, with the withdrawal of the motions upon which they were made.
Your committee would further say, that the most intense excitement prevailed in the House on that day, and that it is not at all strange that there should exist a misunderstanding as to what occurred during that excitement. Hence the protest.
And your committee will only add, that, in their opinion, it would not be improper to place the said protest, together with this report, upon the journals of the day, and would therefore recommend that the same be done. All of which is respectfully submitted,
0. P. MASON, J. H. SEYMOUR.
On motion of Mr. Seymour.
MONDAY, November 1, 1858.
House met pursuant to adjournment.
Mr. Rankin asked leave to withdraw his signature from the report made yesterday, on the protest of Messrs. Gwyer and others.
On motion of Mr. Mason,
That the Clerk be instructed to present the following statement to the Council, to wit:
There was a remonstrance, signed by one hundred and seventy-two citizens of Washington county, praying the Legislature not to pass any special act to locate the county seat of said Washington county at Desoto, which said remonstrance were mislaid and lost from the papers, and did not accompany the papers transmitted to the Council.
Mr. Briggs gave notice of a bill entitled "An act to confirm the title of H. H. Vischer, Wm. F. Sweezey and J. J. and R. A. Brown, Jr., to certain real estate in the city of Omaha, N. T.”
Mr. Bramble, on leave, introduced H. B. No. 126, “A bill for an act to provide for the holding of district courts in the counties of Dixon, Cedar and L'eau-qui-Court,"
Read first and second time, and referred to Committee on Judiciary. Mr. De Puy, on leave, introduced
H. B. No. 127, “Joint resolution for an appropriation to pay the expenses of the extra session,”
Read first, second and third time, passed and title agreed to.
Your committee, to whom was referred "An act to establish a Cɔde of Criminal Procedure," having had the same under consideration, report the same back to the House with the following amendments, and recommend that it do pass:
In section three hundred and thirty-two, in line seven of said section, after the word "served” insert “by any person not a party to the action."
After the word "constable," in line eight
constable,” in line eight of the same section, insert “But when served by any other person than a public officer.”
Also insert in section six hundred and twenty-one, after the figures “ 1857," the following: “And that chapter twenty-seven of the second Session Laws, approved January 25, 1856, of mechanics’ liens, and the law entitled 'An act for securing liens to mechanics and others,' passed at the first session of the Legislature, approved March 14, 1856."
Your committee flatter themselves that the Code herewith repeated is a great improvement upon the law now in force. But in the short time allowed them the to examine the Code herewith reported, it could not be expected but imperfections exist which can be remedied as experience points out the same. We feel a degree of assurance and satisfaction in recommending this Code, from the fact it comes to us recommended and approved after a practical operation in the state of Obio for several years.
0. P. MASON,
Chairman Judiciary Committee. C. B. No. 132, "An act to establish a Code of Civil Procedure," Was now taken up.
Ayes-Messrs. Bramble, Briggs, Clayes, Collier, Davis of Cass, Daily, Dean, Doom, De Puy, Fleming, Gwyer, Hall, Kline, Lee, Marquette, Mason, Ramsey, Rankin, Roeder, Seymour, Shields, Steele, Steinberger, Stewart, Taffe, Wattles, Young.–27.
C. B. No. 124 “A bill for an act for the relief of Levi Harsh, mayor of the city of Florence,"
Reported the same back without amendment, and recommended its passage.
Mr. Mason moved that the bill be read a third time now, and put on its passage.
Mr. Rankin moved to lay the bill on the table.
H. B. No. 128, “A bill for an act to provide for the appointment of a clerk for each county wherein courts are held,"
Read first and second time.
Mr. Mason, moved that the rules be suspended, the bill read third time and put on its passage.
Mr. Rankin moved that further consideration of the bill be deferred until to-morrow morning.
Ayes and nays were called: