society to receive the custody of any child, nor to affect in any way the duty of any city or town to provide for any child having a legal settlement therein. [Id., § 5.]

3251f SEC. 46. [Same-Custody of child pendente lite.] The county court, pending a hearing as provided for in the foregoing section, may at its discretion, if it should think it desirable and for the best interests of the child or children, deprive the person or persons so sentenced or against whom complaint under section five of this act has been made of the custody of such child or children. [Id., § 6.]

CHAPTER 35.-HOME FOR THE FRIENDLESS.

3252 SECTION 1. [Establishment.] That a home for the friendless shall be established in the state of Nebraska. [1881, § 1, chap. 52.]

3253 SEC. 2. [Location.] The location of said home shall be under the supervision of the board of public lands and buildings, and shall be located at the city or town which shall, after duly advertising for bids for its location, donate the largest amount to said home.

3254 SEC. 3. [Appropriation.] The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general fund of the treasury for the erection of said home.

3255 SEC. 4. [Government-Advisory board.] The government of said home shall be by and under the board of public lauds and buildings. The governor shall appoint five women as a visiting and advisory board, two for one year, one for two years and two for three years, from April first, 1897. Thereafter the terms shall be for three years, and until their successors are appointed and qualify by acceptance of their appointment, vacancies shall be filled for the unexpired term, they shall be paid only necessary traveling expenses incurred in discharge of their duties. They shall visit the home at least once every quarter and whenever called by the governor, board of public lands and buildings or superintendent of said home, so to do and inspect and inquire into the conduct and management thereof and treatment of the inmates therein, and shall formulate, recommend and submit to the board of public lands and buildings rules for admission and by-laws and regulations for its government, which shall be subject to change, amendment or abrogation by the board. of public lands and buildings at any time, and such rules so long as approved by said board shall be obligatory on the officers and inmates of said home. The pow ers of said visiting board shall be advisory only, for advice and information of the board of public lands and buildings a majority of the visiting board shall be a quorum and it may designate in each county a woman correspondent and assistant to collect and give information respecting applications and the objects of said institu tion. [1897, chap. 37, § 1.]

3255a SEC. 5. [Officers.] The governor shall appoint a superintendent and such other officers as the institution requires, all officers and employes except the engineer shall be women, the salaries of officers and employes shall be per year, Superintendent, One Thousand dollars, Matron Six Hundred dollars, Physician Seven Hundred dollars, head teacher including service as secretary Three Hundred dollars, head nurse Three Hundred dollars, engineer Four Hundred and eighty dollars. [Id., § 2.]

3255b SEC. 6. [Report to governor.] On or before December first preceeding each regular session of the legislature the visiting board and superintendent shall make to the governor a full detailed report of all affairs of the institution for the two years ending November thirtieth preceding, showing for each year seperately the number of inmates admitted and discharged, the number remaining, deaths and births, the average annual attendance, the rules, discipline prescribed, expense per capita based on average attendance, condition of the institution, names of officers, names and residence of visiting advisory board, receipts and disbursements of money or other property, value of property on hand, amount of each appropriation and balance remaining unexpended and such other information as is deemed important or as the governor may require. The governor may call for and require reports whenever in his judgment necessary or desirable. [Id., § 2.]

CHAP. 35, SECS. 1-3. Sees, 1-3 of "An act to establish a home for the friendless in the state of Nebraska, and to provide for the erection and location and government of the same." Passed and took effect June 1, 1881. SECS. 4-6. "An act to provide for the government and regulation of the home of the friendless, and to repea and amend section four of an act entitled 'an act to establish a home for the friendless in the State of Nebraska, and to provide for the erection and location and government of the same,' approved February 28, 1881." Took effect July 9, 1897. Litigation concerning, 54 Neb., 154, 158. 56 Id., 143. 58 Id., 447.

CHAPTER 36.-HOMESTEADS.

3256 SECTION 1. [Exemption.] A homestead not exceeding in value $2,000, consisting of the dwelling house in which the claimant resides, and its appurtenances, and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner thereof, and not in any incorporated city or village, or instead thereof, at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village shall be exempt from judgment liens and from execution or forced sale, except as in this chapter provided. [1879, 57.]

3257 SEC. 2. [From what property selected.] If the claimant be married, the homestead may be selected from the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married, but is the head of a family, within the meaning of section fifteen, the homestead may be selected from any of his or her property.

3258 SEC. 3. [Subject to execution, when.] The homestead is subject to execution or forced sale in satisfaction of judgments obtained: First-On debts secured by mechanics', laborers' or vendors' liens upon the premises. Second-On debts secured by mortgages upon the premises, executed and acknowledged by both husband and wife, or an unmarried claimant.

3259 SEC. 4. [How conveyed.] The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

3260 SEC. 5. [How selected.] When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 3 is levied upon the lands or tenements of a head of a family, such head of a family may notify the officer at the time of making the levy of what he regards as his homestead. with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to such levy, except as otherwise provided in this chapter. The judgment creditor may thereupon apply to the district court in the county in which the homestead is situated, for the appointment of persons to appraise the value thereof.

CH P. $6.

"An act to provide for the selection and disposition of homesteads and to exempt the same from judgment lieus, and from attachment, levy, o sale, upon exe union or other process. Took effect September 1. 1879. Iaw construed libe ally. 4 Ne, 496, Law in force at time contracts are made governs. Id., 389 17 Id., 535, 54 Id.. 217. Exemption absolute. 13 Id., 321. 17 Id., 469. Leasing of part does not invalidate right of exemption. 12 Neb., 533. Right to homestead may be asserted although title is in another. 23 Neb., 364. Purchase of homestead while occupied by tenant; rights of owner stated. 17 Neb., 371. Widower entitled to under facts stated. 11 Neb., 391. If wife abandon husband, purchase and keep a home of her own, she has no homestead right in the property of her husband at his death. 16 Neb., 688. Wife may claim right; transfer of husband's title to wife is not abandonment. 15 Neb., 654; 17 Id., 630. Mortgage on homestead signed by husband alone is void. 17 Neb., 62): 20 Id.. 109. Mortgage signed by both, but only acknowledged by one, is not a lien on homestead. 19 Neb.. 211. Deed of homestead from husband to wife, signed and acknowledged by him alone, is valid although not signed and acknowledged by wife. 21 Neb., 671. Provisions of sec. 4 are for the protection of the husband or wife not executing the convevance and not for the benefit of third parties having no privity of interest with such person. 23 Neb., 590. Contract to convey homestead entered into by wife in her own name will not be specifically enforced. 22 Neb.. 374. Title cannot be divested or incumbered by deed unless such deed be executed and acknowledged by both husband and wife. 25 Neb., 175. If title to family residence is in wife, it is the homestead and exempt. 17 Neb., 470, 630. Death of husband or wife, title vests in survivor; if homestead character is preserved by children, it is exempt. 25 Neb.. 770. Where homestead is transferred from husband to wife without consideration, surplus over amount of exemption is liable in her hands for debt of husband. 19 Neb., 341. Homestead cannot be subject to fraudulent conveyance. 19 Neb, 631. Tenant in common not entitled to right as against co-tenant for value of his interest. 18 Neb., 589. Homestead may be assigned by county court on settlement of estate, 18 Neb., 106. Law in force when contract made applicable. 28 Neb., 189. Leasing temporalily not an abandonment. 31 Neb., 817. Homestead over $2,000 mortgaged. 35 Id., 829. Homestead in lands held in joint tenancy. 36 Id., 346. Sec. 3 commented upon. 32 Neb., 19. Abandonment defined. 34 Id., 817. 39 Id., 645. 49 Id., 409 41 Id., 73. Proof of abandonment. 40 Id., 784. Hom stead character of property not ground for dissolving attachments; notice. 41 Id., 73. Dwelling house is where one resides. What constitutes abandonment. 44 Id., 269. Right may be waived. 42 Id.. 117. Abandoned wife has homestead rights. 57 Id., 161. Pre-existing debts. 53 Neb. 81. Purchase-money security not signed by wife. 57 Id., 189. Control of homestead in wife's property. 58 Id., 748. Wife of homesteader has freehold estate, but is not "owner of realty." McLain v. Maricle, June 7, 1900.

Sc. 1. Effect of sale of homestead on prior judgment. 36 Neb., 346. Sale of, on ordinary execution, does not divest title. 37 Id., 807. Mortgage prior to judgment deducted from fee-simple value of premises. 39 Id., 386. All liens deducted. 48 Id., 481. Lot defined. 51 Id., 146. SEC. 2. Husband cannot acquire homestead in wife's property without her consent. No homestead in divored wife's property. 58 Neb., 748.

SEC 3. Purchase money mortgage signed by one valid. 51 Id., 24. Does not authorize appointment of receiver. 58 Id., 469. SEC. 4. Acknowledgment necessary. 48 Neb., 514. Conveyance of husband to wife. 51 Id., 17. Both húsband and wife must execute. 51 Id., 24.

3261 SEC. 6. [Application for appraisal.] The application must be made upon a verified petition showing: 1. The fact that an execution has been levied upon property which has been claimed as a homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption.

3262 SEC. 7. [Petition.] The petition must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the claimant at least ten days before the hearing.

3263 SEC. 8. [Appraisement.] At the hearing, the court, upon proof of the service of such petition and notice, and of the facts stated in the petition, shall appoint three disinterested residents of the county to appraise the value of the homestead, who must take an oath to impartially appraise the same. They must view the premises, and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

3264 SEC. 9. [Report.] Within ten days, or less if the court so order, from the time of their appointment, they must make to the court a report in writing, showing the appraised value and their determination upon the matter of a division of the land claimed.

3265 SEC. 10. [Homestead set off.] If from the report it appears that the land claimed can be divided without material injury, the court shall, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section one of this chapter, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

3266 SEC. 11. [Sale.] If from the report it appears to the court that the land claimed exceeds in value the amount of the homestead exemption, and that i cannot be divided, he must make an order directing its sale under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption.

3267 SEC. 12. [Proceeds of sale.] If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

3268 SEC. 13. [Exemption of surplus.] The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.

3269 SEC 14. [Fees of appraisers.] The appraisers shall receive the same fees as jurors, in civil cases in the district court, which, with all other costs of these proceedings, must be paid by the execution creditor in the first instance, but in the cases provided for in sections ten and eleven the amount paid must be added as costs on execution, and collected accordingly.

8270 SEC. 15. [Head of a family.] The phrase "head of a family," as used in this chapter, includes within its meaning: First-The husband, when the claimant is a married person. Second-Every person who has resided on the premises with him or her, and under his care and maintenance, either: 1. His or her minor child, or the minor child of his or her deceased wife or husband. 2. A minor brother or sister, or the minor child of deceased brother or sister. 3. A father, mother, grandfather, or grandmother. 4. The father or mother, grandfather or grandmother of a deceased husband or wife. 5. An unmarried sister or any other Husband and wife living apart. 62 Id., 57. Father having dependent children. Hyde v. Hyde, Sept. 19, 1900. Widow. 59 Neb., 623.

SEC. 15. See 11 Neb., 390; 25 Id., 658.

of the relatives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves.

3271 SEC. 16. [Money realized from sale of homestead is exempt.] If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section three, the proceeds of the sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. And the sale and disposition of one homestead shall not be held to prevent the selection or purchase of another as provided in this chapter.

3272 SEC. 17. [Homestead succession.] If the homestead was selected from the separate property of either husband or wife it vests, on the death of the person from whose property it was selected, in the survivor for life and afterwards in his or her heirs forever, subject to the power of the decedent to dispose of the same except the life estate of the survivor by will. In either case it is not subject to the payment of any debt or liability contracted by or existing against the husband and wife or either of them previous to or at the time of the death of such husband or wife, except such as exists or has been created under the provisions of this chapter.

SEC. 16. Cited 48 Neb., 414, 481.

SEC. 17. See 18 Neb., 106. See secs. 29a, 296, chap. 23. Survivor may mortgage life estate. 38 Neb., 516. Imma terial whether successor occupies property. 54 Id., 38.