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thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof 80 open for use, suitably and amply sufficient to prevent cattle, horses, sheep, and hogs from getting on the said railroad, except at the crossings of public roads and highways; and within the limits of towns, cities, and villages, with opens, or gates, or bars at all the farm crossings of such railroads, for the use of the proprietors of the lands adjoining such railroad; and shall also construct, where the same has not already been done, and hereafter maintain at all road-crossings now existing or hereafter established, cattle-guards suitable and sufficient to prevent cattle, horses, sheep, and hogs from getting on to such railroad, and so long as such fences and cattle-guards shall be made after the time hereinbefore prescribed for making the same, shall have elapsed, and when such fences and guards, or any part thereof, is not in sufficiently good repair to accomplish the objects for which the same is herein prescribed is intended, such railroad corporation and its agents shall be liable for any and all damages which shall be done by the agents, engines, or trains of any such corporation, or by the locomotives, engines, or trains of any other corporations permitted and running over or upon their said railroad, to any cattle, horses, sheep, or hogs thereon; and when such fences and guards have been fully and duly made, and shall be kept in good and sufficient repair, such railroad corporatiou shall not be liable for any such damages, unless negligently or willfully done; Provided, however, Notice to That any person, company, or corporation owning land adjoining the right of way of any railroad company in this state, and not within the limits of any town, village, or city, and intending to enclose his or their land, or any part thereof, that adjoins such right


of way or railroad, with a fence, such person or the secretary of such company, or corporation, by direction thereof, may notify in writing such railroad company of such intention, and request such railroad company to build a lawful fence as described in this section on the line between their railroad and the land intended to be enclosed. Such notice shall definitely specify two points on such line between which points such fence is requested to be erected, and describe the field intended to be enclosed. The railroad company shall, within six months after receiving such notice, cause to be erected the fence required by such notice, and in case of a failure so to do, the party so giving notice as aforesaid may cause such fence to be erected at a reasonable cost and collect the amount thereof from the railroad company so neglecting to erect the fence.

Approved February 28th, A.D. 1883.


AN ACT to amend section 40, of chapter 73, of the Compiled Stat

utes of Nebraska, entitled, “Real Estate.”

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

Section 1. That section forty (40) of chapter seventy-three (73) of the Compiled Statutes of Nebraska, entitled “ Real Estate,” be amended to read as follows:

Sec. 40. All certificates of the register and receiver cortificates and patents. of any United States land office, for the entry or pur

chase of any tract of land, and all letters patent of land from the United States, of land lying in this

Rooording of

state, shall be recorded in the county in which the land lies; and where any patent, as above, contains descriptions of land lying in more than one county, or otherwise, it shall be lawful to record in any county the whole of the descriptions of land situated therein, without recording all descriptions contained in said patent; Provided, Such record shall include all the granting or conveying part or language of said patent; and the records of such certificates and patents, and all copies thereof so recorded, duly certified by the county clerk, shall be prima facie evidence of the existence of such certificates and patents and conclusive evidence of the existence of such record.

Sec. 2. Section forty (40) of chapter seventy-three Acts repealed. (73) of the Compileď Statutes of Nebraska, entitled Stat., 392. “Real Estate,” as now existing, is hereby repealed.

Approved February 26th, A.D. 1883.



AN ACT providing for the recording of a duly authenticated copy

of the record of any power of attorney recorded in the county clerk's office in any county of the State.

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

of attorney,

Stat., 393

Section 1. That a duly authenticated copy of the Copy of power record of any power of attorney recorded in this state See comp. shall be entitled to record, and shall operate to all intents and purposes, having the same force and effect as the record of the original instrument. Such copy shall be deemed duly authenticated only when there shall be attached thereto a certificate of the county clerk, under


his hand and official seal, setting forth that the same is a true copy from records of his office, the date of the filing of the same for record, and the volume and page where therein recorded; Provided, That it shall be un. lawful for any county clerk in this state to give a certified copy of any power of attorney which has been revoked, and the revocation thereof filed in his office, without also stating the fact of such revocation in his certificate, and any person violating the provisions of this act, shall be fined in any sum not exceeding one hundred dollars.

Approved February 27th, A.D. 1883.


AN ACT to provide for the erection of a new building, and for re

pairs and improvements at the Nebraska State Reform School, for juvenile offenders, at Kearney, and appropriating money for the


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


SECTION 1. The sum of fifty thousand (50,000) dollars, be and the same is hereby appropriated to the Nebraska State Reform School for juvenile offenders at Kearney, to be paid out for the purpose, in the manner, and from the funds specified in the following sections of this act.

Sec. 2. That the sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the state general fund for the purpose of erecting a three story brick building with stone basement on the grounds of said reform school, the same to be used for offices, superintendents rooms,

Erection of building.


dining room, sleeping rooms, chapel, and school rooms. Which said sum shall include all sums necessary for advertising for bids, plans, for putting in gas apparatus and gas fixtures, water supply purposes and purchase of hose for fire uses, pay superintendent under section 8, and fitting up reform school for workshop.

Sec. 3. That the building 40x50 in size, now used Workshop. as a reform school, shall be used and fitted up as a

Sec. 4. Within thirty (30) days after the taking effect Advertise for of this act, it shall be the duty of the board of public lands and buildings to advertise for thirty (30) days in one newspaper in each of the cities of Kearney, Lincoln, Omaha, and for plans and specifications for said building. The entire cost of said building, including advertising and other expenses, must in no wise exceed the amount appropriated in section two of this act. Sec. 5. Upon the day specified in said advertise- Board examing

plans. ment, said board shall proceed to examine such plans and specifications, and adopt the one best calculated to subserve the wants of the institution; but the board shall reserve the right to reject any or all of said plans, if in their judgment it is for the best interest of the state so to do. In case no plan is adopted, the board shall continue to advertise as provided for in section four of this act, until a plan is accepted.

Sec. 6. Upon the adoption of a plan, said board Proposals to shall advertise in the way and manner as provided for Bond, in section four of this act, for sealed proposals to build said building according to plans and specifications adopted. Said bids shall be accompanied by a good and sufficient bond in the sum of five hundred ($500. 00) dollars for the faithful performance of said proposition.

Sec. 7. Upon the day specified in said advertise- Award con ment, it shall be the duty of said .board to open and


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