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Act repealed.
Comp.
Stat., 853,
1881, 297.

Guards for any purpose except to execute the laws, suppress insurrection, or to repel invasion. All acts or parts of acts conflicting herewith are hereby repealed.

Approved February 28th, A.D. 1883.

CHAPTER LVIII.

AN ACT entitled “ An act to amend sections 1 and 12 of chapter 61

of the Compiled Statutes of 1881, entitled 'An act to provide for the appointment of notaries public and define their duties,'"' took effect February 8th, 1869.

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

Appointment.
Petition.

That section one of chapter 61 of the Compiled Statutes of Nebraska, of 1881, entitled “ An act to provide for the appointment of notaries public, and to define their duties,” took effect Feb. 8th, 1869, be amended to read as follows:

SEC. 1. The governor is hereby authorized to apTerm of office. point and commission such number of persons to the

office of notary public, in each of the respective counties of this state, as he shall deem necessary; but no person shall be appointed a notary public except upon the petition of at least twenty-five legal voters of the county in which he resides. Each person appointed notary public shall hold his office for the term of six years from the date of his commission, unless sooner removed, and shall reside in the county for which he was appointed and commissioned. Provided, That whenever the word county is used in this chapter it shall be construed to comprehend and include any unorganized territory or unorganized county attached to any or. ganized county for judicial purposes; and any such unorganized territory or unorganized county attached to any organized county for judicial purposes shall be considered attached to, in, and part of such county for all the purposes and requirements of this act.

SEC. 2. That section twelve of said act be amended to read as follows:

Sec. 12. Whenever a vacancy in the office of notary Vacancies. public shall occur in any county, it shall be the duty of the county clerk to notify the secretary of state of the fact, who shall keep a record in his office of the name of the person appointed, date of his commission and time of its expiration, and the time such office becomes vacant, either by removal from office, removal from the county, or limitation of term of appointment; and when a vacancy shall occur in the office of notary public in any county, it shall be the duty of the secretary of state to notify the governor.

SEC. 3. Sections one and twelve, of which this act Act repealed. is amendatory, and all acts or parts of acts in conflict stat, 361-4. with this act are hereby repealed.

Sec. 4. Whereas, an emergency exists, therefore 493–6. this act shall take effect and be in force from and after to take effect.

1869, 20, 25. 1875, 78. Gen. stat.,

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AN ACT for the relief of occupants and claimants of real estate and

to repeal an act entitled “ An act for the relief of occupants of

lands," approved February 21, 1873. Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That in all cases where any person clain - Improvements ing title to real estate, whether in actual possession eviction

12 Neb., 290. or not, for which such person can show a plain and 11 Neb., 876.

connected title, in law or equity, derived from the records of some public office, or from the United States or from this state, or derived from any such person by devise, descent, deed, contract or bond, such person or persons claiming or holding as aforesaid ehall not be evicted or turned out of possession of such real estate, nor shall his claim or title be set aside or canceled by any court in any proceedings brought or commenced by any person setting up and proving an adverse and better title or claim to such real estate, until such person claiming as aforesaid shall be fully paid the value of all lasting and valuable improvements made upon such real estate by such claimant or by those under whom he claims, and also for all taxes and assessments paid upon said real estate by such claimant, and the persons under whom he claims, with interest thereon, at the same rate of interest as provided by law for delinquent taxes, and for all sums of money paid by such occupant or claimant, or those under whom he claims, to redeem such real estate from any sale or sales for non-payment of taxes previous to receiving actual notice by the commencement of suit on such adverse title or claim by which such eviction or cancellation may be had, unless such occupant or claimant sball refuse to pay the person so setting up and proving an adverse and better title the value of such real estate without improvements made thereon as aforesaid, upon the demand of the successful claimant as hereinafter provided.

Sec. 2. Any person in possession of or claiming any real estate under a certificate of entry or under the homestead or pre-emption laws of the United States, as well as the persons enumerated in the first section of this act, shall be considered as having sufficient title to demand the value of improvements, and to demand

Who have title to demand.

the amount of all taxes and assessments paid by such claimant or those under whom he claims, under the provisions of the first section of this act.

The tax certificates and the tax receipts of the county treasurer shall, for the purposes in this and the preceding sections provided, be conclusive evidence of the assessment, levy, and payment of the taxes on such real estate, for the purpose of ascertaining the amount of the taxes paid by suchi occupant or claimant.

Sec. 3. The court rendering judgment or decree in Appraisers, any case provided for by this act against any occupant and duties. or claimant shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated, commanding him to summons three disinterested free-holders of such county, whose duty it shall be to appraise such real estate and the improvements aforesaid at their cash value as hereinafter provided. Such appraisers shall take and subscribe an oath to impartially appraise the said real estate and improvements, which oath shall be filed with the clerk of the court issuing such order. The order thus issued to the sheriff shall be accompanied by written instructions from the court to the appraisers, necessary to carry out the provisions of this act. Such appraisers shall be allowed the same fees and mileage as jurors are allowed in the district court.

Sec. 4. The appraisers shall jointly proceed at once, Assessment o. after service of said order on them, to view the real 12 Heb., 44. estate in question, and to assess the value of all lasting and valuable improvements on the same, previous to the party receiving actual notice as aforesaid of said adverse claim. They shall also assess the net annual value of the rents and profits which the occupant or claimant has received after having received notice of the successful claimant's title by service of process,

Appraiser's report. Objections.

and they shall deduct the amount thereof from the estimated value of the improvements aforesaid. They shall also assess the value of the land in question at the time such occupant went into possession thereof, or such claimant commenced to pay the tax thereon, as the case may be.

SEC. 5. The appraisers shall make report in writing of their appraisement and deposit the same in a sealed envelope with the clerk of such court, within the time required by the court, and if either party shali think himself aggrieved by such appraisement he may file objections thereto at the term to which the same is returned, if returned in term time, ten days before such term adjourns, and if such report is made in vacation, or if made in term time, less than ten days before such term adjourns, then such objections may be filed on or before the second day of the term next ensuing. Upon the hearing of such objections, if the court is of the opinion that injustice has been done by such appraisement, the same shall be set aside and a new appraisement ordered. New appraisers shall thereupon be summoned and like proceedings had as herein before provided.

Sec. 6. If no objections are made to the appraisement, or if made and overruled, the court shall proceed without pleadings to ascertain the amount of taxes paid by the occupant or claimant, with interest as hereinbefore provided for. If the appraisement reported to the court shall show a sum in favor of the occupant or claimant against whom such decree or judgment is rendered, the amount of taxes and interest as ascertained by the court shall be added thereto, and decree entered therein in favor of such unsuccessful occupant or claimant against the said person proving a better title. Such decree shall constitute and be a lien upon said

Decree in report.

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