To take effect. and the said warrants shall be cancelled, as provided in section two of this act. SEC. 4. This act shall take effect and be in force from and after its passage. Approved, February 19, 1875. Section. 1. Clerical errors occurring in 2. Section 294 general statutes, Section. 4. Section 378, page 810 gen. statutes, amended. 5. Section 61, page 291 general statutes, amended. 6. Section 66, page 972 general statutes, amended. AN ACT Clerical errors occurring in To correct clerical errors occurring in the publication of section two hundred and ninety-four of chapter seventeen, section four hundred and eighty-one, and five hundred and eighty-eight of chapter fifty-seven, section three hundred and seventy-eight of chapter fifty-eight, section - sixty-one of chapter sixty-six, and section sixty-six of chapter sixty-eight of the general statutes. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That in order to correct clerical errors oc general statutes curring in the publication of the general statutes, sections thereof be amended to read as herein set forth. corrected. Sec 294, gen. amended. SEC. 2. That section two hundred and ninety-four of smena 334 chapter seventeen of said statutes be amended to read as follows: Sec. 294. Such partition and distribution may be ordered on the petition of any of the persons interested; but before any partition shall be ordered, as directed in this sub-division, notice shall be given to all persons interested who reside in this state, or their guardians, and to the agents, attorneys, or guardians, if there be any, in this state, of such as reside out of the state, either personally or by public notice, as the district court shall direct. gen. stat., pp. amended. SEC. 3. That sections four hundred and eighty-one and Sec. 481 and 588, five hundred and eighty-eight of chapter fifty-seven of 605 and 629, said statutes be amended to read as follows: (472.) Sec. 481. On other judgments or decrees of said courts, execution or order of sale, as the case may be, shall be stayed for the period of one year, whenever the defendant, within twenty days after the rendition thereof, shall enter into a bond to the plaintiff, with one or more sufficient sureties, residents of the county, to be approved by the clerk of such court, conditioned for the payment of the amount of such judgment or decree, together with the interest and costs, and costs that may accrue. (579.) Sec. 588. No proceeding to reverse, vacate, or modify any judgment or final order rendered in the probate court, or district court, except as provided in the next section, and the fourth sub-division of this section, shall operate to stay execution, unless the clerk of the court in which the record of said judgment or final order shall be, shall take a written undertaking, to be executed on the part of the plain, tiff in error to the adverse party, with one or more sufficient sureties, as follows: First. When the judgment or final order sought to be reversed, directs the payment of money, the written undertaking shall be in double the amount of the judgment or order, to the effects that the plaintiff in error will pay the consideration money and costs, in case the judgment or final order shall be affirmed in whole or in part. Second. When it directs the execution of a conveyance or other instrument, the undertaking shall be in such sum as may be prescribed by any court of record in this state, or any judge thereof, to the effect that the plaintiff in error Sec. 378, page will abide the judgment, if the same shall be affirmed, and the costs. pay Third. When it directs the sale or delivery of possession of real property, the undertaking shall be in such sum as may be prescribed by any court of record or any judge thereof, to the effect that during the possession of such property by the plaintiff in error, he will not commit or suffer to be committed, any waste thereon, and if the judgment be affirmed, he will pay the value of the use and occupation of the property from the date of the undertaking until the delivery of the possession, pursuant to the judgment, and all costs. Fourth. When it directs the assignment or delivery of documents, they may be placed in the custody of the clerk of the court in which judgment was rendered, to abide the judgment of the appellate court, or the undertaking may be in such sum as may be prescribed as aforesaid, to abide the judgment and pay costs, if the same shall be affirmed. SEC. 4. That section three hundred and seventy-eight amended, of chapter fifty-eight of said statutes be amended to read as follows: Sec. 378. The cost of keeping and maintaining any prisoner after his conviction of any offense punishable by imprisonment in the penitentiary, wherever he may be kept and confined, shall be paid by the state, according to the rate which may be established by law at the time when such services may be rendered or expenses incurred: Provided, The rate so established shall not be construed to apply to any contract which the governor may make for the confinement of convicts.in the penitentiary of a state. Sec. 61, page stat., 921, SEC. 5. That section sixty-one of chapter sixty-six of mended." said statutes, be amended to read as follows: (60.) Sec. 61. The purchaser of any tract of land sold by the county treasurer for taxes, will be entitled to a certificate in writing, describing the land so purchased, the sum paid, and 921, gen. stat., the time when the purchaser will be entitled to a deed, Sec. 61, page which certificate shall be assignable; such certificate shall amended. be signed by the treasurer, in his official capacity, and shall be presumptive evidence of the regularity of all prior proceedings. The purchaser acquires the lien of the tax on the land, and if he subsequently pays any taxes levied on the same, whether levied for any years or year previous or subsequent to such sale, he shall have the same lien for them, and may add them to the amount paid by him in the purchase, and the treasurer shall make out a tax receipt and duplicate for the taxes on the real estate mentioned in such certificate the same as in other cases, and shall write thereon, "sold for tax at public sale." Such certificate shall be substantially in the following form, to-wit: for the in the State of Nebraska, do hereby certify [that] the fol- day of Sec. 66. page 072. gen. stat., smended. To take effect. In witness whereof, I have hereunto set my hand this day of A. D. 18-. Treasurer. SEC. 6. That section sixty-six of chapter eighty-eight, be amended to read as follows: Sec. 66. Any district containing more than one hundred and fifty children between the ages of five and twenty-one years, may elect a district board consisting of six trustees: Provided, The district shall so determine at an annual meeting, by a vote of the majority of the voters attending such meeting; when such change in the district board shall have been voted at such annual meeting, they shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, two for the term of three years, and annually thereafter two trustees shall be elected, whose term of office shall be three years, and until their successors shall have been elected and filed their acceptance. SEC. 7. This act shall take effect and be in force from after its passage. Approved, February 25, 1875. |