AN ACT to provide security to the public against errors, omissions, and defects in abstracts of title to real estate and for the use of abstracts in evidence.

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

abstracter.

SECTION 1. It shall be unlawful for any person Bond of or persons to engage in the business of compiling abstracts of title to real estate in the state of Nebraska and demand and receive pay for the same, without first filing in the office of the county judge of the county in which such business is conducted, a bond to the state of Nebraska in the penal sum of ten thousand dollars ($10,000) with not less than three sureties residents of the county to be approved by such county judge, conditioned for the payment by such abstracters of any and all damages that may accrue to any party or parties by reason of any error, deficiency, or mistake in any abstract or certificate of title made and issued by such person or persons.

county judge,

SEC. 2. When any abstracter shall have duly Certificate of filed his bond as above provided he shall be entitled to receive a certificate from such county judge that

Abstracts, when used as evidence.

Bond, how long in force,

increase of,

said bond has been by him duly approved and filed for record, which certificate shall be valid so long as such abstracter shall maintain his surety upon the bonds as herein provided for, unimpaired, and the possession of such valid certificate, at the date of issuance of any abstract, shall entitle such abstract of title to real estate, certified to and issued by such abstracter to be received in all courts as prima facie evidence of the existence of the record of deeds, mortgages, and other instruments, conveyances or liens affecting the real estate mentioned in such abstract and that such record is as described in said abstract of title.

SEC. 3. Any party to a civil action who may desire to use in evidence at the trial thereof any abstract of title to real estate as herein provided, shall furnish to the opposing party or his attorney a copy of such abstract at least three days before the trial of said action, and in case such real estate be not in the county where such trial is to take place, then such copy shall be so furnished to the opposing party or his attorney to allow a sufficient number of days such opposing party to proceed by the usual route of travel to the county seat of the county where such real estate may be situated and return to the place of trial in addition to the three days for preparation above provided for.

SEC. 4. The bond herein provided for may run how annulled. during the continuance of said person or persons in said abstract business not to exceed five years, and the county judge of the county where the bond herein provided for, may be filed, may at any time

upon complaint of any owner of real estate in his county require such abstracter upon ten days notice to give additional security upon said bond, and show cause why the same should not be declared invalid and the certificate thereof recalled and annulled; and if within such time the additional security to be approved by said county judge be not furnished and no sufficient reason be shown to the judge why the same should not be required then said bond shall be declared invalid and the certificate thereof recalled and annulled.

SEC. 5. The abstracter or complainant may Appeal. have an appeal to the district court from such decision of the judge by preserving the evidence taken at the hearing, which shall be certified up by such judge and such appeal shall be summarily decided by the court upon such evidence and the cost of such appeal including the furnishing of said evidence shall be adjudged against the defeated party. Approved March 31st, 1887.

CHAPTER 65.

AN ACT to prevent the acquiring of title to lands in the state of Nebraska, or the descent thereof to non-resident aliens; to provide for the escheating thereof on the death of the owner to the state of Nebraska; and for the payment to be made thereof, and for the disposing thereof.

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

Alien foreigner cannot acquire title to real estate.

Descent of lands now

held.

Emergency clause.

SECTION 1. That no non-resident, alien foreigner, who has not declared his intentions to become a citizen of the United States, nor any corporation or association not incorporated under the laws of this state shall acquire or own, hold or possess by right, title, or descent, accruing hereafter, any real estate in the state of Nebraska.

Provided, That the provisions of this act shall not apply to the real estate necessary for the construction and operation of railroads.

SEC. 2. That whenever any non-resident alien, who is the owner of real estate at the time of the passage of this act shall die, his lands, which would have descended to his heirs, shall escheat or descend to the state of Nebraska; and the heirs or persons who would have been entitled to such lands shall be paid by the state of Nebraska at full value thereof as ascertained by appraisement upon the oaths of the judge, treasurer, and clerk of the county where such lands lay; and such lands shall then become subject to the law, and shall be disposed of as other lands belonging to the state.

Provided, That the expense of appraisement shall be deducted from the appraised value of such land. SEC. 3. Whereas, an emergency exists, therefore this act shall take effect on and after its passage and approval.

Approved March 31, 1887.

CHAPTER 66.

AN ACT to amend section thirty-eight of an act, entitled “An act to provide a system of revenue."

Be it enacted by the Legislature of the State of Ne

braska:

238, P. 291, Laws of 18:9.

SECTION 1. That section 38 of an act, entitled Amendment of "An act to provide a system of revenue," approved March 1, 1879, be so amended as to read as follows:

taxing insur

ies

SEC. 38. Each and every insurance company Method of transacting business in this state shall be taxed ance companupon the excess of premiums received over losses, and ordinary expenses incurred within the state during the year previous to the year of listing in the county where the agent conducts the business, properly proportioned by the company at the same rate that other personal property is taxed, and the Liability of agent shall render the list and be personally liable for the tax; and if he refuses to render the list, or to make affidavit that the same is correct, the amount may be assessed according to the best knowledge and discretion of the assessor.

Insurance companies shall be subject to no other tax, fees, or licenses under the laws of this state except taxes on real estate and the fees imposed by section 32 of an act regulating insurance companies, passed February 25, 1873.

agent.

SEC. 2. That section 38 of an act entitled "An Acts repealed, act to provide a system of revenue," approved

38, Rev. Act, of 1879.