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be entitled to any poundage except on the amount paid over and above the claim of the plaintiff or complainant; for boarding prisoner per day fifty cents, to be paid out of the county treasury.

§ 15. That the sheriffs of the several counties in this territory, for performing the duties required by law in the probate court, shall receive the same fees as are allowed for similar service in the district court, to be taxed against the proper parties by the probate judge.

§ 16. The county clerk shall receive for his services as clerk for the county commissioners, and for attending to the business of the county, a salary of not less than twenty-five nor more than three hundred dollars, as may be allowed by the said commissioners, and for all other services the same fees as are allowed to other officers for similar services, or as may be allowed to him by law.

§ 17. That registers of deeds shall be allowed the following fees and no more: For recording a deed, mortgage, or other instrument of writing whatsoever, containing not over two hundred words, fifty cents, and ten cents for each one hundred words above that number, indexing included; for all copies from the records, ten cents per hundred words; for each search, where no abstract is required, fifteen cents; for making out certified abstracts of title for each lot or separate parcel of land, unless otherwise agreed, twenty-five cents; for entering satisfaction of mortgage or lien, twenty-five cents.

§ 18. Justices of the peace shall be allowed the following fees: For administering each oath, ten cents; for each subpoena, twenty-five cents; for each summons, twenty-five cents, for issuing attachment, fifty cents; for entering judgment, fifty cents; for issuing each execution, fifty cents; for making certified copies of appeals, per hundred words, fifteen cents; for issuing venire for jury, twenty-five cents; for taking acknowledgment of deeds, twenty-five cents; for performing a marriage ceremony, three dollars; for taking depositions, per one hundred words, fifteen cents; for issuing writ in forcible entry and detainer, one dollar; for writ of restitution, fifty cents; for appointing appraisers of estrays, twenty-five cents; for certified copies of estrays, twenty-five cents; for each warrant, fifty cents; for swearing a jury, twenty-five cents; for taking a recognizance, fifty cents.

§ 19. That each county treasurer shall receive for his services the following fees: On all moneys collected by him for each fiscal year, under five thousand dollars, four per cent, and for all sums over five thousand dollars, two and a half per cent. For going to the seat of government to settle with the territorial treasurer and returning therefrom, a traveling fee of five cents per mile, to be paid out of the county treasury; for advertising and selling lands for delinquent tax, an additional fee of five per cent, to be collected at the same time and in the same manner that he collects said tax, and from the parties paying the same; that the said treasurer shall receive no compensation for any tax not actually collected: Provided, That on all school moneys he shall receive but one per cent; also: Provided, That the treasurer, for his fees and services, shall take the same pro rata from the respective funds

so collected by him, whether the same be in money, or county, or territorial warrants.

§ 20. That each assessor shall receive for his services the following fees, and no more: for each and every day actually engaged, the sum of two dollars per day.

§ 21. That coroners shall be allowed the following fees: For viewing dead body, three dollars; for drawing all necessary writings and making the necessary return thereof, for every hundred words, fifteen cents; for traveling fees per mile, five cents; for issuing venire for coroner's jury, twenty-five cents, and the physician making the post mortem examination of a dead body, shall not be allowed more than ten dollars for such examination, and fifteen cents for each mile, traveling to and from such inquest; all to be paid out of the county treasury: Provided, That such fees shall be paid out of the property of the deceased, if he has any. The coroner, for performing the duties of sheriff, shall be allowed the same fees as are allowed to the sheriff for like services.

§ 22. That county commissioners shall each be allowed for the time they shall be necessarily employed in the duties of their office, the sum of two dollars per day and five cents per mile, to be paid out of the general county fund; and it shall be their duty to furnish all the necessary blank books, blanks and stationery for county clerks, register, treasurer and probate judge of their respective counties, to be paid out of the county treasury.

§ 23. That jurors, both grand and petit, shall be allowed the following fees: For each day's attendance at court, one dollar; for traveling fees per mile, both going and returning, five cents; jurors in a justice court, shall be entitled to receive fifty cents per day, and five cents per mile traveling fee.

§ 24. Constables shall be allowed the same fees as are allowed to sheriffs for like services.

§ 25. That witnesses shall be allowed the following fees: For each day's attendance before the district court in civil cases, seventy-five cents; in criminal cases or for attendance before any other court, board or tribunal, having the power to compel the attendance of witnesses, fifty cents per day; for traveling fees per mile, five cents, to be paid but once. That in all criminal cases, witnesses shall be paid out of the county treasury of the proper county, for one day's attendance only, except where the witnesses reside over one mile from the county seat, in which case they shall have fees for each day's attendance.

§ 26. That the clerk of the supreme court shall receive the same fees for his services as the clerk of the district court is entitled to receive by the provisions of this act for like services, and where no provision is in this act, he shall be governed in the amount of fees he shall be entitled to receive, by such fees as the clerk of the district court is entitled to receive for similar services.

MISCELLANEOUS PROVISIONS.

§ 27. That there shall be paid by the party against whom a verdict may be rendered in the district court a jury fee of three dollars, to be taxed in the bill of costs, and when collected to be paid into the county

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treasury; and for each trial by the court a fee of one dollar and a half, to be paid by the party failing, to be collected and paid over in the same manner as the jury fee.

§ 28. That in all criminal cases where a jury may be called to try the issue joined, and the defendant or defendants shall be convicted, there shall be taxed in the bill of costs the sum of six dollars as a jury fee, and judgment therefor shall be rendered against such defendant or defendants, which sum when collected by the clerk of said court or the sheriff, by execution, shall be paid over to the treasurer of the county.

§ 29. That in all suits, motions and proceedings, either at law or in chancery, prosecuted after the taking effect of this act in any of the courts of this territory, the costs of the parties shall be taxed and entered on record separately.

§ 30. That the clerk or justice of the peace issuing execution for such judgment as aforesaid, shall endorse thereon the amount of the costs of the party convicted, when the same shall not have been paid, which costs shall be collected by the officer to whom such writ may be directed, in the same manner and at the same time in which the judgment, mentioned in the execution, shall be collected.

§ 31. The clerks of the several district courts and justices of the peace, and all other officers may require the plaintiff to pay the costs in advance of the rendition of any service, or may require the plaintiff to give bonds for costs in all cases.

§ 32. That each and every officer whose fees are herein ascertained, limited and appointed, shall, and they are hereby required to make a fair table of their fees, respectively, according to this act, and to set up the same in their respective offices within two weeks after such officers shall have been elected and qualified, or appointed, in some conspicuous place for the inspection of all persons who have business in said office, on pain of forfeiting, for each day the same shall be missing through said officer's neglect, the sum of five dollars, which penalty may be recovered by civil action before any justice of the peace for the use of the county where the offense shall have been committed.

§ 33. That it shall and may be lawful for any person to refuse payment of fees to any officer who will not make out a bill of particulars, signed by him if required, and also a receipt or discharge signed by him for fees paid.

§ 34. That no sheriff, coroner or constable shall be entitled to receive on mesne or final process any fees provided for in this act, unless he shall return upon the process upon which any charge shall be made the particular items of such charge.

§ 35. That any officer who is, or may be authorized by law to take the acknowledgment of any deed or other instrument, shall for taking each acknowledgment, be entitled to receive therefor the sum of twentyfive cents, and no more.

§ 36. Mileage in all cases provided for in this act, shall be counted both going and returning, five cents per mile.

§ 37. It shall be the duty of the district court at each term of court to appoint a competent number of bailiffs to wait on the grand jury and

to attend on the court to serve the processes of the grand jury and court during the term, who shall be allowed for their services the sum of two dollars per day.

§ 38. That any clerk of the supreme court, clerk of the district conrt, county clerk, sheriff, treasurer, register, justice of the peace, constable or other officer named in this act, who shall demand or receive a larger fee for his services, than is allowed by the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, upon indictment, shall be fined in any sum not less than twentyfive dollars, not more than two hundred dollars, or be imprisoned in the county jail for not less than ten days, nor more than thirty days, or both at the discretion of the court.

§ 39. That there shall be allowed for advertising delinquent tax lists, where the same are required to be published in pursuance of law, the sum of twenty-five cents for each description of lands other than town lots and for each town lot ten cents. The persons bidding off the land shall be required to pay expenses of advertising.

§ 40. That no fees be allowed by the county commissioners to any officer for services except as provided in this act, or as shall hereafter be prescribed by law.

$41. Every officer, whose salary is in the nature of a per diem, shall, before drawing any money on account of such salary, subscribe an oath or affirmation in form following:

I, A. B., do solemnly swear (or affirm) that I have been days necessarily and diligently engaged in the duties of my office as (insert title of officer) (Officer's name.)

Attest by:

Any disbursing officer of this territory who shall pay any portion of the salary of any officer aforesaid before such oath or affirmation is subscribed, shall forfeit to this Territory the sum of fifty dollars, which forfeiture may be sued for by any tax-payer.

§ 42. That all acts or parts of acts inconsistent with the provisions of this act be and they are hereby repealed.

§ 43. This act shall take effect and be in force from and after the fourth day of March, A. D. 1861.

Approved January 9th, 1861.

AN ACT

To regulate proceedings against insolvent corporations. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That upon the application of any creditor or stockholder of an insolvent corporation, by bill or petition filed for that purpose, the district court, for the county where the principal place of conducting the business of such corporation shall be, may, by injunc tion, restrain such corporation and its officers from collecting or receiv

ing any debt or demand, and from paying out or transferring, or delivering to any person any of the moneys, property and effects of such corporation, until said court shall otherwise order; and may appoint a receiver to take charge of the property and effects of such corporation, and to collect, sue for, and recover the debts and demands that may be due, and the property that may belong to such corporation.

§ 2. Such receiver shall have all the powers and authority conferred by chapter fifth of "provisional remedies" of the code of civil procedures shall be governed thereby, and give the security therein required. He shall, immediately upon his appointment, give notice thereof by publication in some newspaper published in the territory, and of general ciculation in the county in which the proceedings are had.

§ 3. Any director, officer, or stockholder of such corporation, or any other person who is liable personally for any of its debts, may, at the commencement, or at any subsequent stage of the proceedings, and also after a decree is rendered against such corporation by subsequent bill or petition, he made a party to such proceedings to inforce such liability; and every director, officer, agent, or stockholder, and every person to whom it shall be alleged that any transfer of any property or effects of such corporation has been made, or in whose control or possession any such property or effects shall be alleged to be, may be made a party to such proceedings in order to compel a discovery of any stock, property, things in action or effects alleged to belong to such corporation, or to have belonged to it, and of the transfer and disposition thereof, and the consideration, and all the circumstances of such transfer.

§ 4. If the property of the corporation shall be insufficient to discharge its debts, and it shall appear that any director, officer, or stockholder thereof, or any other person is liable for any of its debts, the court shall ascertain the respective liabilities of the directors, officers, stockholders, or other persons, and decree the amount payable by each, and enforce such decree as in other cases.

§ 5. The court shall, in its decree, make a just and fair distribution of the property of such corporations among its fair and honest creditors, in the order and proportions following:

First. Mortgages duly recorded and bona fide, made by, and judg ments actually obtained against such corporations to the extent of the value of the real estate on which they shall respectively be liens.

Second. All other creditors in proportion to their respective demands. Third. Any surplus shall be distributed among the stockholders in proportion to their respective rights therein.

§ 6. Every act of such corporation, or any of its officers or stockholders, in relation to its property or business, done after notice of the allowance of the injunction, shall be absolutely void, as against the receivers and the stockholders of said corporation.

§ 7. After the first publication of the notice of the appointment of the receiver, any person having possession of any property belonging to such corporation, and every person indebted to such corporation, shall account and answer for said debt, and for the value of such property to the receiver.