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CHAPTER XXXIX.

AN ACT providing for selling the interests of a deceased partner and

settling the accounts between him and his surviving partners.

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

SECTION 1. The county court which shall have issued

Administrator letters testamentary or of administration upon the es- may sell. tate of a deceased partner may, upon due notice to all parties interested, authorize the executor or administrator of such deceased partner to sell at public auction his interest in the partnership property, and the surviving partner may be a purchaser at such sale the same as any disinterested party. The administrator or executor making such sale shall report his proceedings thereon to the court, and upon due notice to all persons interested, the court may confirm the sale, or, good reason therefor appeåring, may set the same aside and order another sale. The court shall also direct the execution of such paper titles to the property sold as the circumstances require.

Sec. 2. The executor or administrator making such Administrator sale shall account for the partnership interest so sold at the price at which it shall be sold.

SEC. 3. The executor or administrator of a deceased shall settle partner shall settle with the surviving partner all the partner. dealings and transactions of the partnership, as well as those remaining unsettled before the death of the deceased partner, as of the said parties thereafter, and shall present to the county court appointing such executor or administrator a full statement of the matter and manner of such settlement, and upon due notice to all parties interested, the said court shall examine,

must account. When special administrator appointed.

with surviving

review, correct, approve, or disallow such settlement But if the said legal representatives of such deceased partner and the surviving partner cannot agree upon such settlement, the accounts of the dealings and transactions of the partnership shall be settled as heretofore.

SEC. 4. In case the executor or administrator of a deceased partner be also his surviving partner, the county court appointing him shall appoint a special administrator to discharge the duties herein provided, and his powers shall be limited thereto. Such appointment shall be made upon the same proceedings as are provided by law for the appointment of special administrators, when there is delay in the granting general letters testamentary or of administration.

Sec. 5. There being an emergency therefor, this act shall take effect from and after its passage.

Approved February 28th, A.I). 1883.

CHAPTER XL.

AN ACT to provide additional remedies for enforcement and collec

tion of judgments and orders for alimony or maintenance.

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

Lien on property.

Sec. 1. All judgments and orders for payment of alimony or of maintenance in actions of divorce or maintenance shall be liens upon property in like manner as in other actions, and may in the same manner be enforced and collected by execution and proceedings in aid thereof, or other action or process as other judgments.

cumulative.

SEC. 2. The remedy given by this act shall be held Remedy to be to be cumulative and in no respect to take away or abridge any subsisting remedy or power of the court for the enforcement of such judgments and orders. Provided, Nothing in this act shall affect the title of any bona fide purchaser for value holding by reason of such bona fide purchase at the date of its passage.

Approved February 21st, A.D. 1883.

CHAPTER XLI.

AN ACT to amend section twenty-six (26) of chapter twenty-five (25)

of the Compiled Statutes of Nebraska, entitled “Divorce and Alimony,” being section 26 of chapter 16 of the Revised Statutes.

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

alimony.

SECTION 1. That section twenty-six (26) of chapter Act amended. twenty-five (25) of the Compiled Statutes of Nebraska, Gen. stat., 348. entitled “Divorce and Alimony,” be and the same is Stat., 255. amended to read as follows:

SEC. 26. In all cases where alimony or other allow- Security for ance shall be decreed for the wife or for the children, 12 Neb., 212, the court may require sufficient security to be given by. the husband for the payment thereof, according to the terms of the decree. And upon the neglect or refusal of the husband to give such security, or upon his failure to pay such alimony or allowance, his real or personal estate may be sold as upon executiou for the payment of any sums due upon such decree. And in default of security for payment of installments in future to fall due, the court may also appoint a receiver to take charge of his real or personal estate, or both, and hold

the same, and the rents, issues, interests, and profits thereof, for security for the payment of installments in future falling due. And judgments and decrees for alimony or maintenance shall be liens upon the property of the husband, and may be enforced and collected in the same manner as other judgments of the court wherein they are rendered.

Approved February 22d, A.D. 1883.

CHAPTER XLII.

AN ACT to amend sections 103 and 107 of chapter 26 of the Compiled

Statutes, entitled “Elections,” being sections 103 and 107 of an act entitled "An act to provide a general election law, the procedure relative to contested elections, and the filling of vacancies in office.”

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

Milling vacan. cies by appoinment.

SECTION 1. That section 103 of chapter 26 of the Compiled Statutes, entitled “Elections,” be and the same hereby is amended to read as follows:

Sec. 103. Vacancies shall be filled in the following manner:

In the office of the reporter of the supreme court, by the supreme court. In all other state and judicial district offices, and in the membership of any board or commission created by the state, where no other method is specially provided, by the governor. In county and precinct offices, by the county board; and in the membership of such board, by the county clerk, treasurer, and judge. In township offices, by the town board; but where the offices of the town board are all vacant the clerk shall appoint, and if there be no town clerk, the county clerk shall appoint. In city

tion.

and village offices, by the mayor and council, or board of trustees.

SEC. 2. That section 107 of said chapter be amended to read as follows: SEC. 107. Vacancies occurring in any state, judicial Filling vacan

cies bs eleodistrict, county, precinct, township, or any public elective office, thirty days prior to any general election, shall be filled thereat. Vacancies occurring in the office of county judge or justice of the peace shall be filled by election, but when the unexpired term does not exceed one year, the vacancy shall be filled by appointment as provided in section 103. Vacancies occurring in the office of any police magistrate in cities where the unexpired term does not exceed one year shall be filled by appointment, but vacancies occurring in such office less than thirty days prior to any city election, and where the unexpired term exceeds one year, shall be filled by special election. And any person so appointed or elected under the provisions of this section shall hold his office for the unexpired term.

SEC. 3. Said sections 103 and 107 as heretofore existing are hereby repealed.

Sec. 4. Whereas, an emergency exists, therefore Act repealed, this act shall take effect and be in force from and after Stat. 270

1879, 269, 271. its passage.

Approved February 20th, A.D. 1883.

Comp.

CHAPTER XLIII.

AN ACT to prevent frauds at elections, and to provide punishment

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

SECTION 1. When at any general or special election Fraudulent à ballot with a designated heading contains printed

ballot.

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