no conveyance or charge shall be adjudged fraudulent, as against creditors or purchasers, solely on the ground that it was not founded on a valuable consideration. See 4, 171; 13, 33 (12 N. W. 811).

1803. The provisions of this chapter shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

Question of fraudulent intent one of fact, not law. 6, 99.

1804. The term "lands," as used in this chapter, shall be construed as coextensive in meaning with "lands, tenements, and hereditaments," and the terms "estate and interest in lands" shall be construed to embrace every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands as above described.

1805. The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing (except a last will and testament), whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.

See 14, 291 (15 N. W., 234).

1806. The consideration of any contract or agreement, required by the provisions of this chapter to be in writing, need not be set forth in the contract or agreement, or in the note or memorandum thereof, but may be proved by any other legal evidence.

1807. Every instrument required by any of the provisions of this chapter to be subscribed by any party may be subscribed by his agent, thereunto authorized by writing.

Agent may make agreements relating to sale of land when so authorized in writing. 1, 52. Secs. 1808 and 1809. "An act to amend an act entitled 'An act to prevent the fraudulent transfer of property,' approved February 19, 1877." 1879, p. 102. In force, June 1.

1808. That no sale, contract, or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any purchaser or judgment creditor of the vendee or lessee in actual possession, obtained in pursuance of such sale, contract, or lease without notice, unless the same be in writing, signed by the vendee or lessee, and a copy thereof filed in the office of the clerk of the county, within which such vendee or lessee resides; said copy shall have attached thereto an affidavit of such vendor or lessor, or his agent or attorney, which shall set forth the names of the vendor and vendee or lessor and lessee, or description of the property transferred and the full and true interest of the vendor or lessor therein. All such sales and transfers shall cease to be valid against purchasers in good faith or judgment or attaching creditors without notice at the expiration of five years, unless such vendor or lessor shall, within thirty days, prior to the expiration of the five years from the date of such sale or transfer, file a copy thereof, verified as aforesaid, in the office of said clerk, and the said vendor or lessor may preserve the validity of his said sale or transfer of personal property by an annual refiling in the manner as aforesaid of such copy.

See 18, 581 (26 N. W., 351); 28, 175 (44 N. W., 106).

1809. The county clerk, on presentation, shall file such copy in his office, and index the same in the same manner as chattel mortgages are required to be indexed, and he shall receive therefor a fee of twenty-five cents. This act shall not be held to apply to chattel mortgages.

Sec. 1810. "An act to prohibit the fraudulent transfer of property and to declare the same a crime, and to prescribe the punishment thereof." 1883, p. 230. In force June 1.

1810. If any person or persons in this state, with intent to cheat or defraud

his creditors or any of them, or with a fraudulent intent to hinder or delay his creditors or any of them in the collection of his or their demands, shall sell, transfer, secrete, incumber, or in any way fraudulently dispose of any of or all of his goods, wares, merchandise, chattels, bills receivable, choses in action, or property of any kind, or who, upon any sale of any goods, wares, merchandise, or property of any kind, with a fraudulent intent to hinder or delay or to cheat or defraud his creditors or any of them, shall secrete, assign, transfer, conceal, or in any way fraudulently dispose of all or any part of the proceeds of any such sale of any property, he or they shall be deemed guilty of a fraudulent transfer of property, and upon conviction thereof shall be punished in the same manner and to the same extent as if he had been convicted of the larceny of the same property.

"An act to prohibit the fraudulent transfer of property and to declare the same a crime and to prescribe the punishment thereof" held constitutional; the act having but one subject. 21, 53 (31 N. W., 258).

CHAPTER 18.-HIGHWAYS.

I. ROADS.

Secs. 1811 to 1917, except secs. 1812 to 1815 and sec. 1917. the Revised Statutes of 1866, entitled 'Roads.'" 1879, p. 120.

"An act to amend chapter 47 of In force June 1. Superseding act

of 1867 (state), p. 45; act of 1873, G. S., p. 959; acts of 1875, pp. 113 and 114.

1811. The county board has a general supervision over the public roads of the county, with power to establish and maintain them as herein provided, and to see that the laws in relation to them are carried into effect.

Secs. 1812 to 1815. "An act to authorize the county board of any county in which a city of the metropolitan or cities of the first class having over 25,000 inhabitants is situated, to grade, pave, or otherwise improve roads leading thereto, and to assist such cities in the improvement of such roads within the incorporate limits as are extensions of roads leading thereto." 1889, p. 78. In force March 30. (Repealing laws 1883, ch. 23, p. 183).

1812. The county board of any county in which any city of the metropolitan, or city of the first class having over twenty-five thousand inhabitants, is situated, is hereby authorized and empowered, whenever the road fund of said county will warrant it, to aid in the grading, paving, or otherwise improving of any street, avenue, or boulevard leading into such city and within the corporate limits thereof, by providing for payment of not exceeding one-half of the cost of such grading, and not exceeding the cost of the paving of intersections; and shall also be authorized and empowered to grade, pave, or otherwise improve any street, avenue, boulevard, or road, or any portion thereof leading into and adjacent to any such city, outside of the corporate limits thereof and within two miles from such corporate limits, including any portion thereof leading into or across any village or town and for such improvements outside of the corporate limits of any such city as hereinafter authorized and directed.

1813. Whenever the county board shall contemplate the making of such improvements outside of the corporate limits of any such city, they shall notify the county surveyor, whose duty it shall be to make an examination of the proposed improvement and report an estimate of the cost thereof to said board. If, upon the coming in of such report, the county board determine to make the improvement, they shall cause personal notice to be served on the owners of property abutting on said road, of their intention to make such improvement, and if the owner is a non-resident, then by personal service on the agent of such non-resident, if he have one residing in the county, and in case he has no such agent, by publishing such notice in a newspaper published in and of general circulation in said county, and upon the proof of service or publication of such notice aforesaid, and after giving such owner an opportunity to be heard, the board shall decide upon the material to be used in such improvement and enter an order upon their record for the construction thereof.

1814. Two-thirds of the cost of any improvement outside of the corporate limits of any city authorized by this act shall be paid by said board out of the road fund of said county, one-third by special assessment on all real estate abutting on or adjacent to such improvement to a depth not exceeding 500 feet on each side thereof, to the extent of the special benefits to such real estate by reason of such improvement; the benefits to such real estate to be determined by said board, after publication in a newspaper of general circulation in the county, of notice to the owners of said real estate at least ten days prior to such determination. Such

assessment may be according to the front foot of the real estate along the line of such improvement or according to such rule as said board may adopt for the distribution and equalization of the said one-third of the said cost, and the amount so assessed shall be placed upon the tax list for the ensuing year and collected in the same manner and at the same time as the tax on other property, and, when collected, credited to the road fund of said county.

1815. All contracts for the construction of such improvements outside of the corporate limits of any such city shall be let to the lowest responsible bidder, who will enter into bonds for the faithful performance thereof, in such amount and with such securities as the county board may determine. All payments on such contract shall be made by warrants drawn on the road fund of said county.

Shall be let to the lowest responsible bidder. 4, 165.

1816. All public roads shall have a width of sixty-six feet, and the staked line marking such road shall be on the northern edge of the said sixty-six feet, if the road is running east and west, and on the western edge, if the course of the road is north and south; Provided, That roads located on the state line, where any adjoining state locates similar roads, may have a width of thirty-three feet; And provided further, That whenever the county board shall deem it necessary, the width of such road, at any point where a bridge is to be located and constructed, may be one hundred and fifty feet for a distance not exceeding three hundred feet on either side, from the center of such bridge.

.

1817. All roads within this state which have been laid out in pursuance of any law of this state, or of the territory of Nebraska, and which have not been vacated in pursuance of law, are hereby declared to be public roads; Provided, That all roads that have not been used within five years shall be deemed vacated.

There must be a clear and entire abandonment to vacate a road, non-user of a part will not do. 16, 246 (20 N. W., 299). Public may acquire road by user, and such right will not be lost by the non-user of a part thereof. 28, 270 (44 N. W., 189).

1818. Any person desiring the establishment, vacation, or alteration of a public road shall file in the clerk's office of the proper county a petition signed by at least ten electors residing within five miles of the road proposed to be established or vacated, in substance as follows: "To the board of county: The undersigned ask that a public road, commencing at, and running thence and terminating at -, be established, vacated, or altered (as the case may be)."

A petition with affidavit as to residence of signers gives clerk power to appoint appraisers. All after-proceedings construed liberally. 25, 229 (41 N. W., 185). In order to show that one has the requisite interest it is only necessary for him to allege that he is a citizen of the county residing within five miles of the proposed road. 20, 652 (31 N. W., 232). Establishment of road may be by dedication or user; requisites of such establishment discussed. 10, 520 (7 N. W., 280). See 7, 30.

1819. The petitioners for establishment or alteration of any public road shall, at the time of filing their petition therefor, deposit with the county clerk a sufficient sum of money to pay for the laying out or alteration of such road, the expense thereof to be paid out of such deposit, unless the road is finally established or altered. If the road is finally established or altered, the money shall be returned to the persons who deposited the same.

1820. Upon compliance with the foregoing requisites, the county clerk shall appoint some suitable and disinterested elector of the county a commissioner to examine into the expediency of the proposed road, alteration, or vacation thereof, and report accordingly.

1821. The commissioner is not confined to the precise matter of the petition, but may inquire and determine whether that or any road in the vicinity, answering the same purpose and in substance the same, be required; but such road must

not be established through any burying ground which is exempt from execution; nor through any garden, orchard, or ornamental ground contiguous to any dwelling house, so as to cause the removal of any building, without the consent of the owner.

1822. In forming his judgment he must take into consideration both the public and private convenience, and also the expense of the proposed road.

1823. After a general examination, if he shall not be in favor of establishing the proposed road, he will so report, and no further proceedings shall be had on that petition.

1824. If he deems such establishment expedient, he may proceed at once to lay out the road as hereinafter directed, and may report accordingly, if the circumstances of the case are such as to enable him to do so, without pursuing the course pointed out in the next section.

1825. If the precise location of the road cannot be otherwise given, he must cause the line of the road to be accurately surveyed and plainly marked out.

1826. Any commissioner other than the county surveyor must be sworn to faithfully and impartially discharge his duty as such commissioner, and, after being thus qualified he shall have power to swear the assistants employed to a faithful and impartial performance of their respective duties in laying out the road described in his commission.

1827. Stakes must be set at each change of direction, on which shall be marked the bearing of the new course. Stakes must also be set at the crossing of fences and streams, and at intervals in the prairie, not exceeding a quarter of a mile each; in the timber the course must be indicated by trees suitably blazed.

1828. Bearing trees must, when convenient, be established at each angle, and the position of the road relative to the corners of sections, and junctions of streams, or any other natural or artificial monument, or conspicuous object, must, as far as convenient, be stated in the field notes, and shown on the plat

1829. A correct plat of the road, together with a copy of the field notes of the surveyor, if one has been employed, must be filed as a part of the commissioner's report, and he shall also state the probable cost of the work in laying out or altering such road, including any necessary bridges, culverts, and ditches. Such report shall be filed with the county clerk.

1830. If the report of the commissioner be in favor of establishing or altering the road, the county clerk must appoint a day, not less than sixty, nor more than ninety days, on or before which day all objections to the establishment or alteration to the road, and claims for damages by reason thereof, must be filed with the clerk.

1831. The time for the commissioner to commence the examination shall be fixed by the clerk, and if he fails to so commence, or report, the clerk may fix another day, or extend the time for making such report, or may appoint another commissioner.

1832. Notice shall be published for four weeks in some newspape. published in the county, if any such there be, or if there be no newspaper published in the county then such notice shall be posted in at least three public places along the line of said proposed road, which notice may be in the following form: "To all whom it may concern: The commissioner appointed to locate, vacate, or alter (as the case may be) a road commencing at county, running thence (describe in general terms all the points as in the commissioner's report) and terminating at has reported in favor of the establishment (vacation or alteration) thereof, and all objections thereto, or claims for damages, must be filed in the county clerk's office on or before noon of the A. D. —, or such

in

day of