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from shall be distributed under the attachment or execution as heretofore provided by law.

Sec. 7. Pending suits-effect on.-Upon the filing of the petition and the mailing of notice as herein provided, any suit pending, or any proceedings in attachment, aid of execution or otherwise, in any court, to subject the property or personal earnings of the debtor to the payment of claims brought or maintained by any creditor notified as herein provided, shall be held in abeyance so long as the debtor shall comply with the order of the court relative to the disposition of his property and earnings and the payment of the proceeds therefrom, to the clerk of the court for the benefit of the creditors.

Sec. 8. Modify order.-Upon the application of any party. to the proceeding, the court may from time to time modify the order relative to the amount which should be paid by the debtor for the benefit of his creditors as justice may require.

Sec. 9. Distribution of assets.-The clerk of the court shall distribute the money so paid in, pro rata among the creditors, as directed by the court from time to time.

Sec. 10. Failure of debtor to obey orders.-If the debtor shall fail to obey the order of the court relative to the payment of his earnings to the clerk, he shall forfeit the protection of this act, and it shall be the duty of the clerk of the court to issue execution on said judgment and the debtor shall not be entitled to the protection of any laws of Nebraska providing exemptions from execution, except the law providing for the homestead exemption.

Sec. 11. Final discharge.-When the debtor shall have paid the full amount of the judgment, he shall be released from all claim of those creditors to whom notices were mailed, as provided in this act.

Sec. 12. Appeal. The right of appeal shall exist in favor of any party to the proceedings, but an appeal from the finding of the court as to the amount due on any claim, or the amount to be paid by the debtor, shall not delay the collection of the amount ordered paid by the debtor to the clerk for the benefit of his creditors. The clerk shall retain from distribution, until

Ch. 165)

Banks-Capital Stock

375

the final disposition of the appeal, the amount which would have been paid to said creditor under the order of the court.

Approved, April 20, 1917.

CHAPTER 165.

(House Roll No. 254.)

[Introduced by Mr. Murtey.]

AN ACT relating to sale of bank stock above par and providing a penalty for violation hereof and to repeal all acts and parts of acts in conflict herewith, and to declare an emergency.

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

Section 1. Banks-capital stock-sale above par-when.It is hereby declared unlawful for any person or persons to bid or solicit for the purchase of bank stock above par either in person or by mail until the corporation whose stock is offered, is organized according to law and is engaged in actual banking business, and any person or persons who shall be found guilty of violating the provisions of this section shall be fined in any sum not exceeding $300.00 and be imprisoned in the county jail not to exceed 90 days and shall stand committed to the county jail until said fine and the costs of prosecution are paid or otherwise discharged according to law.

Sec. 2. Repeal.-All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 3. Emergency. Whereas, an emergency exists, this act shall be in force from and after its passage and approval.

Approved, April 25, 1917.

CHAPTER 166.

(Senate File No. 178.)

[Introduced by Mr. Moriarity.]

AN ACT to empower the county attorney in counties having more than 125,000 population, to appoint a messenger for public use; to provide for the duties of such messenger; to fix his compensation, and to declare an emergency.

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

Section 1. County attorneys-counties 150,000-messenger for. That in counties having a population of more than 125,000 population, it shall be the duty of the county attorney to appoint a messenger who shall be employed under the direction of such county attorney, and perform such duties as may be prescribed by such county attorney. Such messenger shall be paid the salary of $125.00 per month, payable monthly, out of the general fund of the county.

Sec. 2. Emergency.-Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval.

Approved, April 14, 1917.

CHAPTER 167.

(Senate File No. 116.)

[Introduced by Mr. Bennett.]

AN ACT to provide a salary for county comptroller in counties having a population of one hundred and fifty thousand or over, and to declare

an emergency.

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

Section 1. County comptroller-salary. That in counties having a county comptroller, as provided for in Chapter 181, Session Laws of 1915, such comptroller shall receive a salary of one thousand dollars per year, for his services in addition to any salary he may receive as county clerk; said salary to be paid monthly out of the general fund of the county.

Ch. 168)

County Fairs

377

Sec. 2. Emergency. Whereas, an emergency exists, this act shall be in force and take effect from and after its passage and approval according to law.

Approved, April 2, 1917.

CHAPTER 168.

(Senate File No. 214.)

[Introduced by Mr. Chappell.]

AN ACT to authorize counties in the State of Nebraska to establish and maintain a county fair, to purchase, hold and improve real estate for that purpose, to convey the same, and to levy and collect taxes for such purposes.

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

Section 1. County fairs-counties hold.-Counties in the State of Nebraska are hereby authorized to establish and maintain county fairs, to purchase, hold and improve real estate for that purpose, to convey the same, to levy and collect taxes for such purposes, and to do all things necessary for the proper management of such county fairs.

Sec. 2. Same-election.-Any county may proceed under this act when such county shall have accepted the provisions hereof, which acceptance may be made by the county commissioners or board of supervisors by resolution duly adopted. If after the adoption of a resolution for such purpose fifteen per cent of the qualified voters of the county shall file with the county board a petition requesting that the acceptance of the provisions of this act shall be submitted to the voters of the county, the county board shall submit the same to a vote of the people in like manner as the question of voting court house bonds. may be submitted. During the time such question is pending for the vote of the people no further proceedings shall be had for the establishment of such fair. Whenever ten per cent of the qualified voters of the county shall file a petition with the county board asking that the question of the acceptance of the provisions of this act be submitted to a vote of the people it shall be the duty of such board to submit such ques

tion to the voters in like manner as the question of voting court house bonds may be submitted. If a majority of the votes cast upon the question, when the same is submitted under either of the provisions hereinbefore provided, shall be for such proposition the county board shall immediately proceed to establish such county fair.

Sec. 3. Real estate, may acquire.—Any county acting under the provisions of this act shall have authority to purchase, hold, improve and convey real estate for county fair purposes in like manner as other real estate for county purposes.

Sec. 4. Bonds.-Bonds may be voted, or a special tax be levied, for the purchase and improvement of real estate for county fair purposes in like manner as for the building of a court house in any county accepting the provisions of this act.

Sec. 5. Fair boards. Whenever any county shall have accepted the provisions of this act the county board shall appoint from the residents of the county a "County Fair Board," consisting of nine members and in the first instance who shall be appointed three for a term of one year, three for a term of two years and three for a term of three years, and thereafter there shall be appointed each year three members for a term of three years. Vacancies occurring upon such board shall be filled by the county board. No person while a member of the county board shall be a member of the County Fair Board, nor shall more than two members of the County Fair Board be residents of the same township, precinct or incorporated city or village at the time of appointment.

Sec. 6. Same-officers.-The County Fair Board shall select such officers from their own number as they shall deem necessary by by-law, and shall select a county fair secretary who may be a member of the County Fair Board or may be selected from among other persons. The County Fair Board may employ such persons as they deem necessary for the proper management of the fair, and shall have complete charge and supervision of the real estate and other property.

Sec. 7. Compensation.-The members of the County Fair Board, except the secretary if he be selected from the board of members, shall receive no pay for their services but shall be paid all necessary expenses. The secretary shall receive such

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