knowledgment, or other instrument in writing to the effect that he had in store in his warehouse or elevator, meats, spirits or grain, whereas in fact he has not the same so stored, according to the purport or effect of said receipt, acknowledgment or writing; or, having issued his receipt therefor, as in the preceding section provided, shall remove the property described in such receipt without having first discharged the lien in said section provided, or without the written consent of the holder of such receipt endorsed thereon, with interest (intent] to deceive, or defraud, or injure any person whomsoever; or if any person shall endorse, assign, transfer or deliver to any other person any such false or fraudulent receipt, acknowledgment or instrument in writing, knowing the sam: to be false, fraudulent or fictitious, with the like interest [intent], such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment at hard labor for a term not more than three years, nor less than one year. [Id. § 2.}

CHAPTER 93.-WARRANTS.

SECTION 1. [Warrants, when payable.]—All warrants upon the state treasurer, the treasurer of any county, or any municipal corporation therein, shall be paid in the order of their presentation therefor. [1871 § 1, 113. G. S. § 1, 891.)

SEC. 2. [Warrant register.]-The treasurer of this state, and the treasurer of every county and every incorporated city or town therein, shall keep a warrant register, which register shall show, in columns arranged for that purpose, the number, date and amount of each warrant presented and registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed, as hereinafter provided.

SEC. 3. [Warrant-Registration-Endorsement.]-It shall be the duty of every such treasurer, upon the payment of a fee of ten cents by the holder of any warrant, or by any person presenting the same for registration, in presence of such person, to enter such warrant in his "warrant register," for payment in the order of presenting for registration, and upon every warrant so registered, he shall endorse "registered for payment," with the date of such registration, and shall sign such endorsement; Provided, That nothing in this act shall be construed to require the holder of any warrant to register the same, but such warrant may be presented for payment and endorsed, "presented and not paid for want of funds," and shall draw interest from the date of such presentation, as now provided by law.

SEC. 4. [Separate package for each warrant-Notice.]-It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the credit of the particular fund upon which the same is drawn, such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package.

SEC. 5. Treasurer's receipts for money paid.]-The state treasurer shall make triplicate receipts, under the seal of his office, for all sums which shall be paid into the treasury, showing the amount paid in to the credit of each separate fund, in cash and in warrants separately, two of which receipts he shall deliver to the person making such payment, and the person making such payment

SECS. 1-12. "An act to prescribe the duties of the state treasurer, of the treasurer of counties and of other municipal corporations in certain cases, and to enforce their performance." Laws 1871, 113. Took ef fect May 1, 1871. Chap. 65, G. S. 891. Sec. 1, cited 10 Neb. 31.

shall deliver one of such receipts to the auditor who shall credit such person accordingly, and the treasurer shall retain one of said triplicates in his office.

SEC. 6. [Receipts by county treasurer.]-Every county treasurer shall make out triplicate receipts, for all sums which shall be paid into his office,. which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash or warrants, county or road orders, or supervisors receipts; one of which triplicates the treasurer shall deliver to the person making such payment, and he shall within six days file with the county clerk, the third he shall retain in his office.

SEC. 7. [Receipts by city treasurer.]-The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid. into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office..

SEC. 8. [Treasurer's duties-Cash book-Register.]-Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the account for that year in such register, and shall carry forward the excess.

SEC. 9. [Failure to keep books-Penalty.]-Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or who shall fail to keep his cash book footed from day to day, as required by this act, for the space of three days, shall forfeit for each offense, the sum of one hundred dollars, to be recovered in a civil action on his official bond,. by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

SEC. 10. [Inspection of books.]-The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered, and unpaid.

SEC. 11. [Failure to notify-Penalty.]-Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent. on the amount of such warrant, and ten per cent. additional for every thirty days thereafter, during which such failure shall continue.

SEC. 12. [Failure to register or pay-Penalty.]—Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

SEC. 13. [Issuing duplicate warrant.]-Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and

SEC. 12. But see Const., sec. 5, p. 30.

SEC. 12. "An act to provide for the issuance of duplicate warrants." Laws 1875, 176. Took effect Feb. 17, 1875.

shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine endorsement thereon or otherwise. [1875 § 1, 176.]

CHAPTER 94.-WEIGHTS AND MEASURES.

SECTION 1. Standards-Tons.--The standard of weights and linear measures shall be the same as that established by act of congress, for the several states, except that the ton shall consist of two thousand pounds.

SEC. 2. [Bushel-Subdivisions.]-A bushel shall consist of two thousand one hundred and fifty cubic inches. The half-bushel, peck, and half-peck shall consist of the proper division and subdivision of a bushel.

SEC. 3. [Gallon.]-A gallon shall consist of two hundred and thirty-one cubic inches.

SEC. 4. [Pound.]-A pound avoirdupois shall consist of seven thousand grains in Troy weight.

SEC. 5. [Weight of bushel of articles.-A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:

more than twenty-five dollars, to be recovered before any court having competent jurisdiction; the fine shall be appropriated to the use of the common schools in the same county; he shall also be liable to the injured party in the double amount of damages, with the costs of suit.

competent jurisdiction; the fine shall be appropriated to the use of the common schools in the same county; he shall also be liable to the injured party in the double amount of damages, with the costs of suit.

CHAPTER 95.-THE LAWS OF NEBRASKA.

ARTICLE I. REVISED STATUTES OF 1866.

SECTION 1. This act shall be known as "The Revised Statutes of Nebraska," and is hereby declared to be the law of the territory of Nebraska, and shall take effect and be in force from and after the first day of July, in the year of our Lord one thousand eight hundred and sixty-six. [R. S. 683. G. S. 1079.]

SEC. 2. "An act to establish a code of civil procedure," approved November 1, 1858, and an act supplemental thereto, approved November 4, 1858, “An act to adopt and establish a criminal code for the territory of Nebraska," approved 1858, all laws and acts amendatory of and supplemental to said code, and all acts and laws of a general nature relative to the civil and criminal laws and proceedings of this territory, passed prior to the eleventh session of the legislative assembly begun and held at Omaha on the first Thursday after the first Monday in January, 1866, and all acts and parts of acts conflicting with the provisions of this revision, are hereby repealed; Provided, The re-enactment, amendment or repeal of any law, act, title, section, chapter or provision of the civil or criminal code, or of any general law of this territory, shall in nowise affect any contract, right, claim, interest, title, action or liability which may have accrued, or any order, judgment, decree, sale, recognizance, instrument.or proceeding made, entered or had under any provision of the laws hereby re-enacted, amended or repealed, nor shall such re-enactment, amendment or repeal in anywise affect any criminal prosecution heretofore commenced, or any fine, penalty, forfeiture or punishment for crimes and misdemeanors committed before the taking effect of this revision, but such prosecution shall be carried on and continued in the manner now provided by law, and all fines, penalties and forfeitures heretofore incurred, and crimes and misdemeanors committed, shall be prosecuted the same as if no re-enactment, amendment or repeal had been made. [Id.]

SEC. 3. Whereas, Certain discrepancies exist between the original rolls on file in the office of the secretary of the territory, and the published laws of the eleventh session of the legislative assembly of this territory; Be it further enacted, That whenever such discrepancies exist, the volume of laws published under the title of "The Revised Statutes of the territory of Nebraska," in force July 1, 1866, shall be taken and received as the laws of this territory, until afterwards amended or repealed. [1867, 12 Sess. Ter. § 2, 7.]

SEC. 4. That the volume of laws published under the title of "The Revised Statutes of the territory of Nebraska," and the appendix thereto, shall be hereafter received in all courts of this territory, anything in the original rolls on file in the secretary's office to the contrary notwithstanding. [Id. § 3.]

ARTICLE II.-COMPILED STATUTES 1881.

SECTION 1. Compilation.]-The public acts now in force, including the Revised Statutes of 1866, and the public acts and laws passed since that revision, and which may be passed by the legislature at its present session, shall be com

SEC. 6. As to double damages, see 6 Neb. 37.

ART. I. Secs. 1-2 R. S. 683, and secs. 2-3 of "An act to amend the code of civil procedure." Laws 12th Sess. Terr., 7. ART. II. "An act to provide for the publication of a compilation of the statutes." Approved and took effect Feb. 26, 1881.

piled, arranged and put into chapters, with appropriate heads and titles, and with reference to decisions of the supreme court. [1881 § 1, chap. 79.]

SEC. 2. (Compiler-Price.]-The said statutes shall be compiled published by Guy A. Brown, of Lancaster county, upon the condition that all expenses connected with the preparation and publication thereof shall be borne by him, and the sale price of each copy when published, shall not exceed five dollars; Provided further, That the said Guy A. Brown shall furnish to the state of Nebraska all copies of said statutes which may be required by the state, at a price not to exceed two dollars and fifty cents per copy; Provided further, That said statutes shall be equal in quality of paper and binding to the General Statutes of 1873, be set with type of the same size and contain at least one-third more matter on a page, and be thoroughly indexed. Said statutes to be published on or before July 1st, 1881.

SEC. 3. [Bond.]-The said compiler shall give bond in the sum of five thousand dollars with at least three sureties conditioned for the faithful performance of his duties, and to carry into effect the provisions of this act, which bond shall be approved by the secretary of state and filed in his office, and thereupon the said secretary of state shall permit the said compiler, when the same are not in use by him, to take the original rolls of said laws for the purpose of making accurate copies thereof for said statutes, the same to be returned upon publication of said statutes, and whenever required by the secretary of state.

SEC. 4. [Receivable in evidence.]-The said statutes when published shall be accompanied by a certificate of the compiler that the same are true and accurate copies of the said original rolls, and thereupon the said statutes shall be competent evidence of the several acts and resolutions therein contained, in all courts of this state without further proof or authentication.

SEC. 5. [Session laws 1881.]-Nothing herein contained shall be construed to interfere or dispense with the publication of the session laws of this session in the manner provided by law.