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1943. The proposition to issue said bonds, the notice of said election, canvass of vote shall be recorded in the office of the county clerk, and the county clerk shall enter upon the records of the county board the number, amount, and interest, and date at which each bond issued shall become payable, and the county clerk shall cause such bonds to be registered in the office of the secretary of state and state auditor as required by law.

1944. The county board shall each year, until the bonds voted under the authority of this act be paid, levy upon the taxable property in the township a tax sufficient to pay the interest and five per cent of the principal of bonds issued under this act, and at the tax levy preceding the maturity of any of said bonds, levy an amount sufficient to pay the principal and interest due on said bonds.

1945. No bonds shall be issued under this act to an amount exceeding ten per cent of the assessed value of the taxable property at the last assessment within such township.

III. FERRIES.

Secs. 1946 to 1958 formed ch. 20, R. S. 1866, p. 173, entitled "Ferries."

1946. No person shall be permitted to keep a ferry across any stream running through or bounding on any county in this state without having first obtained a license from the board of county commissioners of the proper county for that purpose, as hereinafter provided.

1947. The person applying for such license shall produce satisfactory evidence to the board of county commissioners, by affidavit of the applicant or otherwise, of his having given notice by advertisement, set up in at least three public places in the precinct or neighborhood where the ferry is proposed to be kept, twenty days prior to the sitting of the board of commissioners, of his intention to apply to such board, at their next regular term, for license to keep such ferry.

1948. The board of county commissioners, being satisfied that the notice hereby required has been given, that a ferry is needed at said place, and that the applicant is a suitable person to keep the same, are hereby authorized to grant to the applicant a license to keep the same for a term not less than one year nor more than ten years, on the applicant paying into the county treasury of the proper county a sum to be fixed by the board of county commissioners, not less than two dollars nor more than five hundred dollars annually; and on the applicant producing the county treasurer's receipt for the sum so fixed he or she shall receive from the clerk of the said board of county commissioners a license under the seal of said clerk, for which he or she shall pay the clerk the sum of fifty cents.

1949. The person owning or possessing land on both sides of any stream where a ferry is proposed to be established shall have exclusive right to a license for a ferry at such place, and when the opposite banks are owned by different persons the right to a ferry shall be mutual; but if the owner does not apply to the board of commissioners, the board shall grant a license to any person applying for the same, except where either of the landings are not on a public highway, in which case the consent of the owner of the ground shall first be had in writing; Provided, That nothing herein contained shall be so construed as to prevent any person from ferrying persons across a small stream in high water; and the board of county commissioners are hereby authorized to direct the county clerk to give any person a permit for that purpose, when in their opinion the stream is too small to justify the expense of a license; Provided, also, When any person shall apply for a renewal of his license, at the same place where he kept a ferry the preceding year, the same may be granted or renewed without notice or petition.

1950. When a license shall expire in vacation, and the person who obtained the same shall procure a renewal, the latter license shall include the time from the expiration of the former, as well as the time to which it shall extend in future, and the applicant shall pay a ratable proportion for the whole time therein mentioned, and shall thereupon be exonerated from any penalty to which he would be otherwise liable; Provided, however, That in all applications for license the board of commissioners may grant or refuse the same at their discretion.

1951. Every person obtaining a license to keep a ferry shall provide and keep in good repair a good and sufficient boat for the safe conveyance of persons and property, and when the river or creek over which the ferry is kept is passable, shall, with a sufficient number of hands to work and manage the boat, give due attendance from daylight in the morning until dark in the evening; and shall, moreover, at any hour in the night or day that the creek or river can be passed, when called upon for that purpose, convey the United States mail or other public express across said ferry; and if any person having obtained a license as aforesaid shall fail or neglect to perform the duties herein enjoined, or any of them, the person so offending shall forfeit and pay for every such offense a sum not exceeding five dollars, to be recovered before any justice of the peace of the proper county, at the suit of any person prosecuting for and making due proof of such failure or neglect; and if any keeper of a ferry as aforesaid shall demand or receive a higher rate or sum for ferriages than shall be allowed by the board of county commissioners of the county wherein such ferry is kept, the person so offending shall forfeit and pay for every such offense a fine not exceeding ten dollars, recoverable before any justice of the peace of the proper county by any person making due proof thereof, to be disposed of as hereinafter provided.

1952. Should the county commissioners refuse to renew the license of a ferryman, he shall be exonerated from the penalties of this chapter by paying into the county treasury, previous to any prosecution having been commenced against him, such sum for the time which may have elapsed between the expiration of his license and the next session of the board of county commissioners as shall bear a ratable proportion to the amount charged for the previous year.

1953. The board of county commissioners, at the same time they grant a license to keep a ferry, shall also fix the rate of ferriages which the ferry keeper may demand and receive for the transportation of persons and property; and it shall be the duty of the clerk of the board of said county commissioners to furnish every person taking out a license to keep a ferry, with a list of the rate of ferriages, which list the ferry keeper shall post at the door of his ferry house, or in some conspicuous place convenient to said ferry.

1954. Every county clerk shall, on the first day of the term of the district court, deliver to the grand jury an accurate list of all persons holding license within his county; and it shall be the duty of the judge to give this chapter in charge to the grand jury, whose duty it shall be to make inquiry and give information of any violation thereof, except in cases where jurisdiction is given to justices of the peace.

1955. [Unauthorized ferries.]—If any person shall keep a ferry without being duly authorized, the person so offending shall forfeit and pay a sum not exceeding fifty dollars, to be recovered by indictment.

1956. If any justice of the peace or other officer shall neglect or fail to comply with the requisitions of this chapter, the person so offending shall forfeit and pay for every such offense a sum not exceeding fifty dollars, at the discretion of any court of competent jurisdiction before whom the same may be recovered, for the use of the county.

1957. All actions or suits brought under the provisions of this chapter shall be in the name of the state of Nebraska, and the court taking cognizance thereof shall keep a record of all fines and forfeitures recovered under the same; and sheriffs, constables, and other officers shall pay all moneys, within thirty days after receiving the same, into the county treasury. Justices of the peace and clerks of courts before whom any fine is recovered shall present an accurate account thereof to the county clerk, on or before the first Monday of July annually; and it shall be the duty of the county clerk to inform against and prosecute all offenders against this statute, especially such offenses as are cognizable before justices of the peace.

1958. Nothing herein contained shall be so construed as to conflict or interfere with any vested right heretofore acquired or secured under any law of this state. Secs. 1959 and 1960. "An act to limit the amount of ferriage to be charged for ferrying footmen. 1871, p. 123. In force April 1.

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1959. [Limit of toll.]-It shall be unlawful for any person or persons, ferry or transfer company, engaged in ferrying or transferring persons across any river in this state, or any river forming the boundary line thereof, to charge, demand of, or receive from any footman, or foot passengers, more than ten cents for any such ferriage or transfer across any of said rivers.

1960. If any person or persons, or company engaged in the business aforesaid, shall demand, charge, or receive a greater sum than ten cents for such transfer, such person or persons, or company shall incur a penalty of ten dollars for such offense, which penalty may be collected by civil action before a justice of the peace whenever service of process can be made; one-half of the said penalty shall be for the use of the plaintiff in any such action, and the other half shall be paid to the county treasurer, and constitute a part of the school fund of such county.

CHAPTER 19.-HOMESTEADS.

Secs. 1961 to 1976. "An act to provide for the selection and disposition of homesteads and to exempt the same from judgment liens, and from attachment levy or sale upon execution or other process. 1879, p. 57. In force September 1. (Sec. 17 repealed 1889, p. 473; sec. 18, 1887, p. 33.)

1961. A homestead not exceeding in value $2,000, consisting of the dwelling house in which the claimant resides, and its appurtenances, and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner thereof, and not in any incorporated city or village, or instead thereof, at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village, shall be exempt from judgment liens, and from execution or forced sale, except as in this chapter provided.

Applicable to chapter. Homestead law in force when a contract is entered into is the law applicable to such contract. Legislature cannot diminish these rights. 17, 620 (20 N. W., 29; 24 N. W., 277); 17, 533 (23 N. W., 506); 28, 189 (44 N. W., 187). United States homestead is not liable for any debt contracted prior to the issuing of the patent therefor. 10, 602 (7 N. W., 329); 13, 4 (12 N. W., 830); 18, 444 (25 N. W., 580). Claimant need not have the legal title. 17, 532 (23 N. W., 509). Exempt property is not susceptible of fraudulent alienation. 8, 176; 13, 405 (14 N. W., 393). A tenant in common is not entitled to a right of homestead upon the common property against a judgment of partition thereof. 18, 586 (26 N. W., 390). Leasing barn does not deprive property of its character as a homestead. 12, 532 (12 N. W., 8). Homestead cannot be mortgaged without signature of wife. 26, 177 (41 N. W., 996). Wife is the second head of the family, and homestead cannot be divested without her consent. 25, 175 (41 N. W., 117). Title at death of husband vests in widow, and her removal from premises does not affect their exempt character. 27, 36 (42 N. W., 741). Widow vested with life estate in homestead, though temporarily absent during husband's life. 27, 239 (42 N. W., 1041). Cited, and party held to be head of a family and entitled to his homestead exemption. 11, 390 (9 N. W., 555). Where a husband waives homestead right, and procures a purchaser at judicial sale, for a judgment not otherwise a lien on the homestead, rendered on a debt incurred while law of 1867 was in force, such purchaser acquires good title. 29, 310 (45 N. W., 638).. Judgment lien attaches to homestead, but cannot be made effective while premises occupied as homestead. 4, 498; 5, 49. That the claimant is for some temporary reason not residing on homestead at date of judgment does not make judgment a lien thereon. 17, 368 (22 N. W., 767). Must be owned and occupied as a homestead at the time judgment recovered, else judgment becomes a lien on the property, in satisfaction of which the homestead may be sold. 4, 497.

1962. If the claimant be married, the homestead may be selected from the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married, but is the head of a family, within the meaning of section fifteen, the homestead may be selected from any of his or her property.

1963. The homestead is subject to execution or forced sale in satisfaction of judgments obtained: First-On debts secured by mechanics', laborers' or vendors' liens upon the premises. Second-On debts secured by mortgages upon the premises, executed and acknowledged by both husband and wife, or an unmarried claimant.

May waive right by executing mortgage. 3, 176. Third party who has purchased homestead and assumed a mortgage upon it. cannot plead its invalidity as a defense. 10, 324 (6 N. W., 369). Securities will not be marshalled so as to impose a greater burden on the homestead. 28, 586 (44 N. W., 871).

1964. The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

What is proper execution. 23, 590 (37 N. W., 485). Both husband and wife must sign. 20, 109 (29 N. W., 254). In deed from husband to wife, wife need not join. 21, 672 (33 N. W., 208). This section is constitutional and valid. 13, 122 (12 N. W., 831). See 19, 211 (27 N. W., 117).

1965. When an execution for the enforcement of a judgment obtained in a ease not within the classes enumerated in section 3 is levied upon the lands or tenements of a head of a family, such head of a family may notify the officer at the time of making the levy of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to such levy, except as otherwise provided in this chapter. The judgment ereditor may thereupon apply to the district court in the county in which the homestead is situated, for the appointment of persons to appraise the value thereof.

1966. The application must be made upon a verified petition showing: 1. The fact that an execution has been levied upon property which has been claimed as a homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption.

1967. The petition must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the claimant at least ten days before the hearing.

1968. At the hearing, the court, upon proof of the service of such petition and notice, and of the facts stated in the petition, shall appoint three disinterested residents of the county to appraise the value of the homestead, who must take an oath to impartially appraise the same. They must view the premises, and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

1969. Within ten days, or less, if the court so order, from the time of their appointment, they must make to the court a report in writing, showing the appraised value, and their determination upon the matter of a division of the land claimed.

1970. If from the report it appears that the land claimed can be divided without material injury, the court shall, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section one of this chapter [1961] as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

1971. If from the report it appears to the court that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption.

1972. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

1973. The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.

1974. The appraisers shall receive the same fees as jurors in civil cases in the district court, which, with all other costs of these proceedings, must be paid by the execution creditor, in the first instance, but in the cases provided for in sections ten and eleven [1970-1] the amount paid must be added as costs on execution, and collected accordingly.

1975. The phrase "head of a family," as used in this chapter, includes within its meaning: First-The husband, when the claimant is a married person. Second-Every person who has residing on the premises with him or her, and under his care and maintenance, either: 1. His or her minor child, or the minor child of his or her deceased wife or husband. 2. A minor brother or sister, or the minor

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