AN ACT to provide for the taking and prosecution of appeals allowed and mentioned in section ninety-seven (97) of chapter sixteen (16) of the Compiled Statutes (1885) of the State of Nebraska. Be it enacted by the Legislature of the State of Ne braska: from asseSSm nt of damages. SECTION 1. That either party shall have the Right of appeal right to appeal to the district court of the county where the lands are situated from the assessment of damages allowed and mentioned in section ninetyseven (97) of chapter sixteen (16) of the Compiled Statutes (1885) of Nebraska, at the time and in the manner hereinafter specified and set forth. SEC. 2. That the party appealing shall, within Surety. sixty days after such assessment, enter into an undertaking to the adverse party with at least one good and sufficient surety (to be approved by the county judge of such county), conditioned: First, that appellant shall prosecute such appeal to effect without unnecessary delay; and second, that if judgment be adjudged against the appellant on the Filing of undertaking. Summons appeal, the appellant shall satisfy whatever judgment may be adjudged against such appellant. SEC. 3. That the party appealing may file such undertaking in the office of the clerk of the appellate court within the time aforesaid, which undertaking filed shall be approved by such clerk, upon the filing and approval of which undertaking the clerk shall issue a summons to the appellee to appear at the term of the court to which the appeal is returnable, which summons shall be served and returned in the time and manner as in cases commenced in the district court. SEC. 4. That when the appeal is taken by filing the appeal undertaking with the clerk of the appellate court and a summons and alias summons shall have been duly issued against the appellee Femme not and returned "not found," it shall be lawful for the returned found." Certified transcript of appellate court to proceed and try the appeal the same as if the appellee had been duly served with the process. SEC. 5. That said county judge shall, on deproceedings. mand of the appellant, make out a certified transcript of all the proceedings of such assessment, including the undertaking and such of all papers and files as relate to or are connected with the assessment or assessments appealed from, and shall on demand deliver the same to the appellant or his, her, or its agent, who shall deliver the same to the clerk of the appellate court to which such appeal may be taken on or before the first day of the next term of such appellate court. Filing of same. SEC. 6. That if such appeal shall be taken within less than twenty days next preceding said first day of said next term of said appellate court, this said transcript shall be filed with said clerk on or before the first day of the next succeeding term of said appellate court. SEC. 7. That said clerk, on receiving such tran-Sime. script and other papers as aforesaid, shall file the same and docket the appeal; the owner of the land shall be the plaintiff in the appellate court, and the railroad company the defendant, and the parties shall proceed in all subjects in the same manner as though the action had been originally instituted in such appellate court. SEC. 8. That assessments made for the same right Joint appeal, of way for the same railroad company upon different tracts of lands belonging to the same owner or owners in the same right may be joined in one appeal and proceeded with in the appellate court as separate counts joined in one action for damage to such tracts of land, for or on account of such right of way. SEC. 9. That this act shall not apply to any such assessments heretofore made. SEC. 10. Whereas, an emergency exists, this act Emergency shall take effect and be in force from and after its passage. Approved March 31, 1887. CHAPTER 17. Amendment Limit of indebtedness. Insurance, lau or trust companies, and banks exempted. AN ACT to amend section one hundred and twenty-eight (128) of chapter sixteen (16) of the Compiled Statutes of 1885, limiting the indebtedness of corporations. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That section 128 of chapter 16 of the Compiled Statutes of 1885 be and the same is hereby amended as follows: SEC. 128. The articles of incorporation must fix the highest amount of indebtedness or liability to which the corporation shall, at any one time, be subject, which must in no case exceed two-thirds of the capital stock; Provided, however, That the above limitation shall not apply to debts for the risks of insurance companies, deposits in banks, and the notes, bonds, or debentures of any loan or trust company organized under the provisions of this chapter, where the payment of such notes, bonds, or debentures shall be secured by the actual transfer of real estate by trust deed or mortgage for the payment of such notes, bonds, or debentures, which said real estate so transferred shall be of twice the value of the par value of such notes, bonds, or debentures; Provided, further, That said limitation shall not apply to any loan or trust company's guarantee for the payment after transfer of any notes, bonds, or debentures, where the same is secured by trust deed or mortgage as above stated. clause. SEC. 2. Section 128 of chapter 16 of the Com- Repealing piled Statutes of 1885, which reads as follows: "The articles of incorporation must fix the highest amount of indebtedness or liability to which the corporation shall at any one time be subject, which must in no case, except that of risks of insurance companies and deposits in banks, exceed two-thirds of its capital stock," is hereby repealed. clause. SEC. 3. Whereas, an emergency exists, this act Emergency shall take effect and be in force from and after its AN ACT to exempt secret societies and associations from the require ments of chapter sixteen (16) of the Compiled Statutes of 1885, to define the duties, powers, and obligations of such societies and associations, and to provide penalties for violations thereof. Be it enacted by the Legislature of the State of Nebraska: Secret societies ex SECTION 1. That any secret society or associa-empted from provisions of 25, Rev. tion, the management and control of which is con-Cha |