real estate, but in case the appraisement shall show a balance due the person proving a better title, the amount of such balance shall be deducted from the amount found due the occupant or unsuccessful claimant for taxes and interest, and decree be entered for the difference in favor of such occupant or claimant. If upon the whole finding there shall appear a balance due the successful claimants, judgment shall be rendered in his favor therefor. occupying SEC. 7. If upon the final hearing there shall be found Election of a balance in favor of the occupant or unsuccessful occupant. claimants, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant, or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree. successful SEC. 8. If the successful claimant shall elect to pay Election of and does pay to the occupant or claimant the balance claimant. found due him on the final hearing within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be entered against such unsuccessful claimant as the case may require. fusal by occu pant. SEC. 9. If the successful claimant shall elect to re- Neglect or receive the value of the real estate without improve- pying occuments, to be paid by the occupants or claimant within such time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and such occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then such successful claimant shall Eviction. Applys to pending and future suits. Relief. deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimants, or decree shall be entered in his favor as the case shall require. SEC. 10. The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in the two preceding sections, and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvement. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant. SEC. 11. This act shall apply to all suits now pending or hereafter brought, wherein any of the claims or rights herein set forth shall be demanded, and such demand for improvements or taxes may be made upon the overruling by the court of a motion for a new trial, or in case the suit is one in equity, then such demand may be made within three days after the entry of decree; In suits now disposed of in which the unsuccessful occupant or claimant would have been entitled to the relief herein provided for such occupant or claimant may make such application to the court within six months after this act shall become a law. Provided, however, That all of the provisions of this act shall be limited and restricted to those cases where the title to the real estate in controversy is derived from some source other than that which comes from such tax titles, tax certificates, tax receipts, or the payment of taxes by any person claiming any interest in or title to such real estate, by reason of such tax deeds, or tax titles, tax certificates, or tax receipts. Comp. SEC. 12. An act entitled "An act for the relief of Act repealed. occupying claimants of lands," approved February 21, stat., 365. 1873, be and the same is hereby repealed. Gen. Stat., 500. SEC. 13. As an emergency exists, this act shall take To take effect. effect and be in force from and after its passage. Approved February 23d, A.D. 1883. CHAPTER LX. AN ACT to amend chapter sixty-seven (67) of the Compiled Statutes of Nebraska, being chapter XL of the Revised Statutes, entitled "Paupers." Be it enacted by the Legislature of the State of Nebraska: Acts amended. ,, Rev. Stat., That section one (1) of chapter sixty-seven (67) of the Compiled Statutes of Nebraska, entitled "Paupers," 274-5. be and the same is amended to read as follows: Gen. Stat., 510-11. Comp. poor persons. port.. SECTION 1. Every poor person who shall be unable stat., 872. to earn a livelihood in consequence of any bodily in- Support of firmity, idiocy, lunacy, or other unavoidable cause, penalty for reshall be supported by the father, grand-father, mother, fusing to supgrand-mother, children, grand-children, brothers, or sisters of such poor person, if they or either of them be of sufficient ability: and every person who shall refuse to support his or her father, grand-father, mother, grand-mother, child, or grand-child, sister, or brother, when directed by the county commissioners of the county where such poor person shall be found, whether such relative shall reside in the same county or not, shall forfeit and pay to the county commissioners, for the use of the poor of their county, such sum as may be by the county commissioners adjudged adequate and proper to be paid, not exceeding ten dollars per week for each and every week for which they or either of them shall fail or refuse, to be recovered in the name of the county commissioners, for the use of the poor aforesaid, before a justice of the peace or any other court having jurisdiction; Provided, That whenever any bad conduct. persons become paupers from intemperance or any other bad conduct, they shall not be entitled to support from any relative except parent or child; And provided further, That such poor person entitled to support from any such relative, may bring an action against such relative for support, in his or her own name and behalf. SEC. 2. That section two (2) of said chapter be and the same is amended to read as follows: Proviso as to paupers from Order in which relatives shall support. . SEC. 2. The children shall first be called upon to be called on for support parents, if there be children of sufficient ability, and if there be none of sufficient ability the parents of such person shall next be called upon, and if there be no parents not children, the brothers and sisters shall be next called upon, and if there be no brothers nor sisters, the grand-children of such poor person shall next be called on, and then the grand-parents; Provided, Married females, while they live with their husbands, shall not be liable to a suit for maintenance beyond the interest or incomes of the estate of such married female held in her own right. Approved February 20th, A.D. 1883. CHAPTER LXI. AN ACT to establish a printing law for the State of Nebraska, and to repeal an act entitled "An act to provide for State printing approved June 18, 1867. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. The auditor of public accounts, state State board. treasurer, and secretary of state, shall constitute a state printing board, and shall have general supervision over the matter of state printing, in the manner provided by this act. The let. SEC. 2. The printing of all bills for the legislature, Contracts, how with such matters as may be ordered by either house Separate. thereof, to be printed in bill form, shall be let in one contract. The printing and binding of the senate and house journals shall be let in another contract. printing and binding of reports of state officers authorized by law to be printed, and all other reports and documents ordered by the legislature, except such as enter into and form a part of the journals, shall be let in another contract. The printing and binding of the laws, joint resolutions, and memorials enacted by the legislature, shall be let in another contract. And the printing and binding of all blanks, blank books, and circulars required to be furnished by the officers of the executive department of the state, shall be let in another contract. SEC. 3. The contracts for printing of bills and re- when conports of state officers, shall be let on the second Tues- tracts to be let. day in December for a period of two years following. The contract for the publication of laws and journals of each regular and special session shall be let within twenty days after the final adjournment of such session. |