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Articles of incorporation.

Who are members.

How governed.

proposed church, parish, or society, and at least two laymen resident within the limits thereof, of which meeting the said chief or presiding or executive officer shall be president, and one of the other persons present shall be secretary.

SEC. 3. The said five persons being so convened and organized as a meeting shall adopt articles of incorporation, which shall fix: 1. The name of the church, parish, or society, and the place of its location. 2. The amount of debts which it shall be competent to contract, beyond which amount the corporation have no power to contract debts binding at law or in equity upon it, its members, or its property. 3. The manner in which it may contract and become bound for debts, and may convey, encumber, or charge its property. 4. The manner in which the succession of the members of said corporation shall be regulated, and vacancies in their number filled. 5. The time of the commencement and termination of the corporation. 6. By what officers its affairs shall be conducted. Which articles being subscribed and acknowledged by the persons present at said meeting, and recorded in the office of the county clerk of the county where such church, parish, or society shall be located, whereupon such corporation shall be competent to transact all business in and by its corporate name.

SEC. 4. The persons attending said meeting shall be the corporators and members of the corporation until their places may be supplied by and under the provisions of the articles of incorporation.

SEC. 5. Corporations organized under the provisions of this act shall be subject to the laws of this state in respect of corporations which are applicable to them, save as herein expressly provided.

Approved February 26th, A.D. 1883.


AN ACT to amend section ninety-seven (97) of chapter sixteen (16)
of the Compiled Statutes of Nebraska, entitled "Corporations."
Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That section ninety-seven of chapter sixteen of the Compiled Statutes of Nebraska, entitled Corporations," be and the same hereby is amended to read as follows:

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SEC. 97. If the owner of any real estate, over which said railroad corporation may desire to locate their road, shall refuse to grant the right of way through his or her premises, the county judge of the county in which said real estate may be situated, as provided in this subdivision, shall upon the application of either party direct the sheriff of said county to summon six disinterested freeholders of said county, to be selected. by said county judge, and not interested in a like question, unless a smaller number shall be agreed upon by said parties, whose duty it shall be to carefully inspect and view said real estate, and assess the damages which said owner shall sustain by the appropriation of his or her land to the use of said railroad corporation, and make report in writing to the county judge of said county, who, after certifying the same under his seal of office, shall transmit the same to the county clerk of said county for record, and said county clerk shall file, record, and index the same in the same manner as is provided for the record of deeds in this state. And such record shall have the like force and effect as the record of deeds in pursuance of the statute in such case made and provided. And if said corporation shall, at any

of damages.
4 Neb., 24.

4 Neb., 439.
6 Neb., 160.


Stat., 150.

time before they enter upon said real estate, for the purpose of constructing said road, pay to said county judge for the use of said owner the sum so assessed and returned to him as aforesaid, they shall thereby be authorized to construct and maintain their said road over and across said premises. Provided, That either party may have the right to appeal from such assessment of damages to the district court of the county in which such lands are situated within sixty days after such assessment. And in case of such appeal, the decision and finding of the district court shall be transmitted by the clerk thereof, duly certified to the county clerk, to be filed and recorded as hereinbefore provided in his office. But such appeal shall not delay the prosecution of the work on said railroad if such corporation shall first pay, or deposit with such county judge, the amount so assessed by said freeholders. Such railroad company shall in all cases pay the costs of the first assessment. Provided, That if on appeal, the appellant shall not obtain a more favorable judgment and award than was given by said freeholders, then such appellant shall be adjudged to pay all the costs made on such appeal; Provided further, That either party may appeal from the decision of the district court to the supreme court of the state, and the money so deposited, shall remain in the hands of the county judge until a final decision be had, subject to the order of the supreme court.

Approved February 20th, A.D. 1883.


AN ACT to authorize county clerks to administer oaths and affirmations and take acknowledgments, and to legalize acknowledgments and oaths heretofore taken and administered by county clerks.

Be it enacted by the Legislature of the State of Nebraska:


SECTION 1. All county clerks and their deputies May take within the state of Nebraska shall have authority to ments." administer oaths and affirmations in all cases where oaths and affirmations are required, and to take acknowledgments of deeds, mortgages, and all other instruments in writing, and shall attest the same with the county seal.


SEC. 2. All oaths and affirmations heretofore admin- Legalize past istered and all acknowledgments heretofore taken by county clerks and their deputies in the legal form, shall be and they are hereby declared to be legal and valid.

SEC. 3. Whereas, an emergency exists, therefore be To take effect. it enacted by the Legislature of the state of Nebraska that this act shall take effect from and after its passage. Approved February 24th, A.D. 1883.


AN ACT to authorize the transfer of certain county funds from one fund to another.

Be it enacted by the Legislature of the State of Nebraska:

general fund.

SECTION 1. The board of county commissioners of Transfer from any county in the state of Nebraska shall have the power to transfer any unexpended balance or any portion


thereof remaining in the county general fund at any time to any other county fund, when the interests of the county seem to demand such transfer; Provided, That in no case shall such transfer reduce the amount of said county general fund below the sum of two thousand ($2,000) dollars.

Approved February 28th, A.D. 1883.


Statement to be published

AN ACT to require county treasurers to publish a report of the financial condition of their respective county.

Be it enacted by the Legislature of the State of Nebraska : SECTION 1. The county treasurer of each county semi-annually. shall, during the months of June, 1883, and January, 1884, and semi-annually thereafter, cause to be published in a weekly newspaper printed in the county, a tabulated statement of the affairs of his office, showing the receipts and disbursements of his office for the last preceding six months ending May 31, and December 31, as herein provided.

Contents of statement.

Pay for publication.

SEC. 2. Such statement shall show: First, The amount of money received and for what fund; Second, The amount of warrants or orders presented and registered and upon what fund; Third, The amount of warrants or orders paid, and from, what fund; Fourth, The amount of money on hand in each fund; Fifth, The amount of outstanding warrants or orders registered and unpaid; Sixth, The total amount of money on hand,

SEC. 3. The county shall pay to the printer a reasonable compensation for the publication of such state


Approved February 26th, A.D. 1883.

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