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Ch. 24)

Juvenile Court-Probation Officer

89

chief deputy, whose salary shall be twenty-five hundred dollars

per annum.

Sec. 2. Repeal. That said original Section 1194, Revised Statutes of 1913, is hereby repealed.

Approved, April 25, 1917.

CHAPTER 24.

(House Roll No. 573.)

[Introduced by Mr. Hopkins.]

AN ACT to amend Section 1249, Revised Statutes for 1913, as amended by Chapter 24, Session Laws of 1915, and to repeal said original section so amended.

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

Section 1. Amendment. That Section 1249, Revised Statutes for 1913, as amended by Chapter 24, Session Laws of 1915, is hereby amended to read as follows:

1249 Sec. 122. Probation officer- juvenile courts. The judge of the district court having charge of the juvenile docket. shall have authority to appoint or designate two or more persons of good character, one of whom shall be a woman, to serve as probation officers during the pleasure of the court. Such officers shall perform the duties prescribed in this article for probation officers and such other duties as may be required by the judge of the juvenile court, and such officers shall receive no compensation from the county treasurer, except as herein provided. In counties having a population of fifty thousand and upwards, three probation officers, one of whom shall be designated as "chief probation officer," shall be paid as other salaried county officers are paid in counties having more than 50,000 and less than 100,000 inhabitants. The chief probation officer shall receive a salary of twelve hundred dollars per annum and two others to be designated "Assistant probation officers" shall be paid as other county officers are paid, three dollars a day for the time actually employed, which time will be certified to the county board by the chief probation officer. In counties

having over 100,000 inhabitants the chief probation officer shall receive a salary of $1,800.00 per annum, and there shall be three assistant probation officers two of whom shall be women, who shall receive salaries of $100.00 per month. They shall be paid as other salaried county officers are paid. In case a probation officer shall be appointed by any court, it shall be the duty of the clerk of the court, if practicable, to notify the said probation officer in advance, when any child is to be brought before the said court. It shall be the duty of the said probation officer to make such investigations as may be required by the court, to be present in court to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as the judge may require, and to take such charge of any child before and after trial as may be directed by the court. The county board may provide for the payment, out of the general fund, of the actual expenses of the probation officers incurred in the performance of their duties prescribed by this article or under the order or direction of the court.

Sec. 2. Repeal. That said original Section 1249, Revised Statutes of 1913, as amended by Chapter 24, Session Laws of 1915, is hereby repealed.

Approved, April 25, 1917.

CHAPTER 25.

(House Roll No. 392.)

[Introduced by Messrs. Peterson, Flansburg, and Swanson.]

An Act to amend Section 1308, and 1310, Revised Statutes of Nebraska for 1913, relating to the probate of foreign wills and to repeal said original sections.

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

Section 1. Amendment. That Sections 1308 and 1310, Revised Statutes of Nebraska for 1913, are hereby amended to read as follows:

1308 Sec. 44. Foreign will-how probated. When a copy of such will and the probate thereof, duly authenticated, shall

Ch. 25)

Probate Foreign Will

91

be produced by the executor or other person interested in such will, to the county court such court shall appoint a time and place of hearing, and notice shall be given in the same manner as in case of an original will presented for probate. Where more than two years have elapsed since the death of the person whose will is offered for probate, the court shall fix a time for hearing upon said petition not more than thirty days subsequent to the filing thereof, and may in its discretion either dispense with or order notice of the time and place of said hearing to be given to all persons interested in said estate, both creditors and heirs, setting forth the filing of said petition, the date of the death of the deceased, his place of residence, a description of the real property of which he died seized, the interest in said real estate of the petitioner, and the prayer of the petition. Said notice if ordered shall be published in a legal newspaper in said. county for three successive weeks prior to said hearing.

1310 Same-letters testamentary, when.-When any will shall be allowed as mentioned in the preceding section, the court shall grant letters testamentary or letters of administration with the will annexed, and such letters testamentary or letters of administration shall extend to all the estate of the testator. in this state; and such estate, after payment of his just debts and expenses of administration, shall be disposed of according to such will so far as such will may operate upon it and the residue shall be disposed of as is provided by law in cases of estates in this state belonging to persons who are inhabitants of any other territory, state or country. Provided, that where more than two years have elapsed since the death of the person whose will is offered for probate court shall, upon the hearing provided for in Section 1308 if it shall appear that more than two years have elapsed since the date of the death of the deceased dispense with the regular administration and enter a decree finding that said estate descended free of all debts against. the decedent, and shall immediately assign the estate under the provisions of the will so far as the same may operate upon it, and the residue shall be disposed of as provided by law.

Sec. 2. Repeal. That said original Sections 1308 and 1310, Revised Statutes of Nebraska for 1913 are hereby repealed.

Approved, April 25, 1917.

CHAPTER 26.

(House Roll No. 50.)

[Introduced by Mr. Trumble.]

AN ACT to amend section 1396, Revised Statutes 1913, and to repeal said original section.

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

Section 1. Amendment.-That Section 1396, Revised Statutes of 1913, is hereby amended to read as follows:

1396 Descent-payment of debts of insolvent estate. If the assets which the executor or administrator may have received and which can be appropriated to the payment of debts shall not be sufficient, he shall, after paying the necessary expenses of administration, pay the debts against the estate in the following order:

First-The necessary funeral expenses, which shall be a preferred claim only to an amount not exceeding $100.00.

Second-The expenses of the last sickness.

Third-Debts having a preference by the laws of the United

States.

Fourth-Debts due to other creditors.

Sec. 2.

Repeal. That original Section 1396, Revised Stat

utes of 1913, is hereby repealed.

Approved, March 29, 1917.

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AN ACT to amend Sections 1382, 1384 and 1386 of the Revised Statutes of Nebraska for 1913, relating to proof and allowance of claims, time allowed creditors to present claims and additional time allowed creditors to present claims in administration of estates of deceased persons, and to repeal said Sections 1382, 1384 and 1386 as now existing.

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

Section 1. That Sections 1382, 1384 and 1386 of the Revised Statutes of Nebraska for 1913 are hereby amended to read as follows:

1382 Sec. 118. Administration-proof and allowance of claims. When letters testamentary or of administration, or of special administration shall be granted by any court of probate, or during any appeal from such order, it shall be the duty of the judge of said court to receive, examine, adjust, and allow all lawful claims and demands of all persons against the deceased: Provided, said judge shall within forty days after the issuance of such letters testamentary or of administration, give notice of the date of the hearing of claims against the deceased and the limit of time for the presentation of claims by creditors, which notice shall be given by posting in four public places in said county, or by publication in a legal newspaper of said county at least four consecutive weeks, or in any manner which the court may direct.

1384 Sec. 120. Time allowed creditors to present claims. -The court shall allow such time as the circumstances of the case shall require for the creditors to present their claims for examination and allowance, which time shall not in the first instance exceed eighteen months nor be less than three months, and the time allowed shall be stated in the order.

1386 Sec. 122. Additional time-when allowed.-On the application of a creditor who has failed to present his claim, if made within three months after the expiration of the time previously allowed, the court may for good cause shown allow further time not exceeding three months for the filing and de

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