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Ch. 153)

Tax Deeds-Fees

349

Sec. 76. Tax deeds.-A tax deed of registered land, or an estate or interest therein issued in pursuance of any sale or tax or assessment made after the taking effect of this act, shall have only the effect of an agreement for the transfer of the title upon the register, and may be filed in the registrar's office, and a transfer affected as in case of other deeds of conveyance. But no certificate of title shall be issued thereon except upon the surrender and cancellation of the outstanding certificate of title, or upon the order of court as provided in Section 81 of this act, and no such order shall be granted except upon petition to the court ordering the sale for the tax or assessment. No such order shall be granted except after personal service of notice upon all persons in possession of the premises, and notice either by personal service or by publication, as may be directed by the court, to all persons appearing upon the register to have any interest in the premises. And in case any minor, heir, idiot or insane person is interested in the premises, no such order shall be granted until the expiration of the time to redeem the premises allowed by law to such minor heir, idiot or insane person shall have expired.

Sec. 101. Fees. The fees to be paid to the registrar shall be as follows:

At or before the time of referring the application for initial registration, the applicant shall advance and pay to the regis trar the sum of $15.00 which shall be in full of all services of the registrar and examiners up to the granting of the certificate of title. Provided that the fee shall not be more than equivalent to fifty cents for each transfer on the abstract of title. In proper cases the court may direct the payment of such further fees by the applicant or any defendant as it may determine. When the application includes titles derived from more than one source, an additional sum of $5.00 for each source shall be advanced.

For granting certificate of title upon each application and registering the same

$1.50

For registering each transfer, including the filing of all instruments connected herewith and the issue and registration of the new certificate of title

1.50

When the land transferred is held upon any trust condition or limitation an additional fee of

1.50

For entry of each memorial on the register, including the filing of all instruments and papers connected therewith and endorsements upon duplicate certificates

.... 1.50

For filing copy of will with letters testamentary, or filing copy of letter of administration and entering memorial thereof

For cancellation of each memorial or charge

2.00

.50

For each certificate showing condition of the register.... 1.00 For any certified copy of register or any instrument of writing on file in his office, the same fees now allowed by law to recorders of deeds for like services.

Sec. 103. Effect of act-office supplies.-This act is declared to have been in effect in all counties in this state on January 1, 1916. It is hereby made the duty of the county board upon the application of ten tax-payers to fix the bond of the registrar, and of the registrar and deputies to qualify by filing a bond and taking the oath of office. When a petition. shall be filed with the county board signed by at least 10% of the freeholders of the county, it shall be the duty of the county. board to provide all stationery, books and supplies necessary for the use of the registrar, provided that in counties where the present records can be so adapted to the system that no new numerical indexes or other indexes shall be necessary, such petition and order of the county board shall not be necessary, but the registrar may adapt the system now in use to the system provided by this act, and such certificate, stubs and duplicates and supplies other than land records as are necessary may be had and purchased as other supplies.

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Sec. 2. Proceeding validated. All proceedings had and applications heretofore made under the said Torrens Land Act in substantial conformity either with the former provisions of said act, or with the provisions of said act as amended hereby, are hereby declared legal and valid, notwithstanding any errors, defects or discrepancies therein, and all persons having any ad-verse interest to any of such applicants are required hereby to avail themselves of any such errors, defects or discrepancies within three months after this act takes effect, or be forever barred from all rights in to the premises affected, except such as are given them under the provisions of this act.

Ch. 154)

Electric Lines

351

Section 3. Repeal.-Said original Sections 2, 5, 13, 18, 19, 20, 23, 33, 76, 101 and 103, of Chapter 225 of the Session Laws of Nebraska, for 1915, are hereby repealed.

Approved, April 26, 1917.

CHAPTER 154.

(Senate File No. 59.)

[Introduced by Senator Douthett and Representative Trumble.]

AN ACT to amend Sections 3, 4, and 5, Chapter 242, of Session Laws of 1915, to repeal said original sections relating to the construction of electric transmission lines within the state of Nebraska, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Sections 3, 4, and 5 of Chapter 242, Session Laws of 1915, be amended to read as follows:

Sec. 3. Electric transmission lines-railway commissions regulate. The State Railway Commission shall have full power and authority to prohibit the construction of any line or lines found to be in violation of the terms of Section 1 of this act and after hearing, provided for in Section 2, shall make such order and prescribe such terms and conditions for the location and construction and operation of the proposed lines, as to it may seem just and reasonable; and make such orders in the premises as in its judgment would best protect the rights of all parties interested and those of the general public.

It is hereby made unlawful for any person, partnership, company, association, or corporation, not specifically exempt by Section 2 of this act, to begin or carry on construction of any line or lines designed to carry electric current of more than 700 volts, or to increase the voltage of any existing line to more than 700 volts, without first having secured the necessary authority from the State Railway Commission as set forth in Section 2 of this act.

Sec. 4. Appeal from order. The provisions of the existing law with regard to procedure before the State Railway Commis

sion, and with regard to appeal from its findings shall apply to electric transmission, telephone and telegraph lines.

Sec. 5. Penalty. Any person, partnership, company, association, or corporation who shall violate any of the provisions of this act shall, upon conviction therefor, be fined in any sum not less than two hundred dollars, nor more than one thousand dollars for each offense.

Sec. 6. Lines in cities exempt. The provisions of this act shall not apply to any line or lines within the limits of any incorporated city of the metropolitan, first or second class.

Sec. 2. Repeal.-That Sections 3, 4, and 5 of Chapter 242, Session Laws of 1915, as the same are now existing are hereby repealed.

Sec. 3. Emergency. Whereas, an emergency exists this act shall take effect from and after its passage and approval. Approved, April 12, 1917.

CHAPTER 155.

(Senate File No. 145.)

[Introduced by Senator Henry, and Representatives Meysenburg and Fuller.]

AN ACT to amend Sections 1, 2, 4, and 8 of Chapter 243, Session Laws of 1915, relating to public warehouses, and to repeal the original sections.

Be it Enacted by the People of the State of Nebraska:

2

Section 1. Amendment. That Sections 1, 2, 4, and 8 of Chapter 243, Session Laws of 1915, be amended to read as follows:

Section 1. Warehouses-regulation of.-Any grain dealer, person, firm, corporation, or association, in this state who receives grain for storage or shipment, or both, may avail himself of the provisions of this Act by filing notice of his acceptance thereof with the State Railway Commission and become thereby a public warehouseman. Any grain elevator or grain warehouse

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Ch. 155)

Licenses-Reports

353

(other than at terminal points,-which terminal points shall be designated by the State Railway Commission) in which grain is held in storage for a period longer than ten days is hereby declared a public warehouse within the meaning of this Act, and any grain which has been received at any grain elevator or grain warehouse for which payment has not been made within ten days after the receipt of the same is hereby deemed to be held in storage.

Sec. 2. Licenses-application.-Every public warehouseman handling grain shall each year file application with the State Railway Commission for license to do business under the terms of this Act. Said application shall set forth the location of the grain elevator or grain warehouse, its relation to railroad trackage, its capacity, its general plan and equipment, its ownership, the amount of grain handled through it during the previous year and to what extent the same was used for storage purposes. The application shall be accompanied both by a bond running to the State of Nebraska for an amount equal to the full value of all grain likely to be held in storage at any one time, and by a receipt from the state treasurer showing payment of the annual license fee of two dollars for each warehouse to be operated. The warehouseman shall be liable on his bond for all loss and damage, of whatever nature, except loss due to changes in market value, to all grain held in storage in his public warehouse. In case of delay in delivery of said grain by the warehouseman on order of the owner thereof said warehouseman shall be liable, on his bond, as provided in Section 6 of Chapter 243, Session Laws of 1915.

Sec. 4. Reports to railway commission. Within the first five days of each calendar month, every public warehouseman handling grain shall make a sworn statement to the State Railway Commission showing the amount of grain held in storage on each day during the previous month and the value of the same. If at any time the value of the grain held in storage in any public warehouse under this Act exceeds the amount of the bond required hereby, it shall be the duty of the warehouseman operating such warehouse to transmit to the State Railway Commission forthwith an additional bond, running as provided in Section 2 of this Act, sufficient to cover the full value of said grain.

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