Approval of stay bond.

sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest, and costs, from the time of rendering judgment until paid, as follows:

First. If the sum for which judgment was rendered, exclusive of costs, does not exceed fifty dollars, three months.

Second. If the sum for which judgment was rendered, exclusive of costs, exceeds fifty dollars, and does not exceed one hundred dollars, six months.

Third. If the sum for which judgment was rendered, exclusive of costs, exceeds one hundred dollars, nine months.

SEC. 4. Officers approving stay bonds shall require the affidavits of the signers of such bonds that they own real estate not exempt from execution, and aside from incumbrance, to the value of twice the amount of the judgment. SEC. 5. No proceedings in error or appeal shall be peal allowed. allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated against one who is surety in the stay of execution.

No proceedings in error or ap

Bond to have force and ef

ment confessed.

SEC. 6. The sureties for the stay of execution may be fect of judged taken and approved by the clerk, and the bond shall be recorded in a book kept for that purpose, and have the force and effect of a judgment confessed from the date thereof against the property of the sureties, and the clerk shall enter and index the same in the proper judgment docket, as in the case of other judgments.

called.

Execution re- SEC. 7. When the surety is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, with his doings thereon.

Property levied

on to be relin

SEC. 8. All property levied on before stay of execution, quished when and all written undertakings for the delivery of personal

Stay entered.

property to the sheriff, shall be relinquished by the officer upon stay of execution being entered.

execution at ex

SEC. 9. At the expiration of the stay the clerk shall Clerk to issue issue a joint execution against the property of all the piration of stay judgment debtors and sureties, describing them as debtors

or sureties therein.

SEC. 10. Where a stay of execution has been taken, such Stay does

not release

confessed judgment shall not release any judgment lien by judgment lien. virtue of the original judgment for the amount then due. The officer holding the execution shall return thereon what amount was made from the principal debtor and how much from the sureties.

SEC. 11. Secs. 478, 479, 480, and 481, of title 14, of Acts repealed. chapter 57, of the revised statutes, are hereby repealed.

SEC. 12. This act shall be in force and take effect from

and after its passage.

Approved, February 23, 1875.

Gen. Stat. 605.

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

SECTION 1. That the state treasurer is hereby author State treasurer

to sell eschea

ized and required to sell and dispose at public auction, ted lands. all the right, title, and interest of the state, to any lands which have escheated to the former territory of Nebraska, or the State of Nebraska, for the want of heirs.

When title

vests in state,

Notice of sale, how given.

Deeds,

how executed

SEC. 2. Upon the failure of heirs, the title shall vest at once in the state, without an inquest or other proceedings in the nature of office found.

SEC. 3. The state treasurer, before making any such sale, shall cause public notice to be given for at least four weeks before the time fixed for such sale, of the time and place of making the same, which said notice shall be by publication, in not less than one newspaper published in the county where the land lies; or, if no newspaper be published in said county, by publication in two of the papers printed at the seat of government.

SEC. 4. Upon the sale of said lands, the treasurer shall to purchaser. make out a certificate to the purchaser or purchasers, stating the price of the same, and the county where the same lie, giving a particular description of the same, when and where sold, and the governor of the state, upon the presentation of said certificate, shall, as governor of the state, execute to such purchaser or purchasers, his or her assignee, or assignees, a deed for the land described in said certificate; and the secretary of state shall countersign the said deed, and affix the great seal of the state to the same; and the said deed so executed as aforesaid, shall vest in the grantee or grantees, his or her heirs or assigns, all the title of the State of Nebraska, in and to the said lands; and the said grantee shall have the same right of action in the name of the State of Nebraska, as the state would have had without said sale and conveyance.

To take effect.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

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

relative to bas

1870, § 1, 5.

SECTION 1. That on complaint made to any justice of Proceedings the peace in this state by any unmarried woman resident tard children therein, who shall hereafter be delivered of a bastard 1869, § 1, 80. child, or being pregnant with a child, which, if born Gen. Stat., 404alive, may be a bastard, accusing on oath or affirmation any person of being the father of said child, the justice shall take such accusation in writing, and thereupon issue his warrant, directed to the sheriff, coroner, or constable of any county of this state, commanding him forthwith to bring such accused person before said justice, to answer to said complaint; and on return of such warrant the justice, in the presence of the accused person, shall examine the complainant under oath, respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers, together with every other part of the examination, shall be reduced to writing by the justice of peace, and if, on such examination, the party accused

the

When county commissioners

against accused father of

bastard.

shall pay or secure to be paid to the complainant, such sum or sums of money or property as she may agree to receive in full satisfaction, and shall further give bonds to the county commissioners of the county in which said complainant shall reside,, and their successors in office, conditioned to serve such county, free from all charges toward the maintenance of said child, then and in that case the justice shall discharge the party accused out of custody, on his paying the costs of prosecution; Provided, that the agreement aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket.

SEC. 2. That, when any woman has a bastard child, may bring suit and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute to final judgment, the county commissioner in any county interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit, in behalf of the county, against him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child.

SEC. 3. That in case such accused person does not comply with the provisions in the first section of this act contained, the justice to whom such complaint was made shall bind such person in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than five hundred dollars, nor more than two thousand dollars, for the benefit of the county in which such bastard child shall be born, to answer such accusation, and to abide the order of the court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer to such complaint.

SEC. 4. That if at the time of such court, the woman