CHAPTER 62.-OATHS AND AFFIRMATIONS.

3862 SECTION 1. [Administration.] Oaths and affirmations may be administered in all cases whatsoever by judges of the supreme court, judges of the district courts, clerk of the supreme court, clerks of the district courts within their respective districts, and by probate judges, justices of the peace, and notaries public, within their respective counties. [R. S., 274. G. S., 499.]

CHAP 62. hap. XXXIX, R. S., 274. Chap. 50, G. S.. 499. Information must be sworn to before judicialfcer. 22 Neb., 145. Complaint may be sworn to before clerk of district court. 26 Id., 757. Notary cannot administer oath to criminal information. 22 Id., 145.

CHAPTER 63.-OCCUPYING CLAIMANTS.

3863 SECTION 1. [Improvements paid for before eviction.] That in all cases where any person claiming title to real estate, whether in actual possession or not, for which such person can show a plain and connected title, in law or equity, derived from the records of some public office, or from the United States or from this state, or derived from any such person by devise, descent, deed, contract, or bond, such person or persons claiming or holding as aforesaid, shall not be evicted or turned out of possession of such real estate, nor shall his claim or title be set aside or canceled by any court in any proceedings brought or commenced by any person setting up and proving an adverse and better title or claim to such real estate, until such person claiming as aforesaid shall be fully paid the value of all lasting and valuable improvements made upon such real estate by such claimant or by those under whom he claims, and also for all taxes and assessments paid upon said real estate by such claimant, and the persons under whom he claims, with interest thereon, at the same rate of interest as provided by law for delinquent taxes, and for all sums of money paid by such occupant or claimant, or those under whom he claims, to redeem such real estate from any sale or sales for non-payment of taxes previous to receiving actual notice by the commencement of suit on such adverse title or claim by which such eviction or cancellation may be had, unless such occupant or claimant shall refuse to pay the person so setting up and proving an adverse and better title the value of such real estate without improvements made thereon as aforesaid, upon the demand of the successful claimant as hereinafter provided. [1883, chap. LIX.]

3864 SEC. 2. [Who deemed occupants-Taxes.] Any person in possession of or claiming any real estate under a certificate of entry or under the homestead or pre-emption laws of the United States, as well as the persons enumerated in the first section of this act, shall be considered as having sufficient title to demand the value of improvements, and to demand the amount of all taxes and assessments paid by such claimant or those under whom he claims, under the provisions of the first section of this act. The tax certificates and the tax receipts of the county treasurer shall, for the purposes of this and the preceding section provided, be conclusive evidence of the assessment, levy, and payment of the taxes on such real estate, for the purpose of ascertaining the amount of the taxes paid by such occupant or claimant.

3865 SEC. 3. [Appraisement.] The court rendering judgment or decree in any case provided for by this act against any occupant or claimant shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated, commanding him to summons three disinterested free-holders of such county, whose duty it shall be to appraise such real estate and the improvements aforesaid at their cash value as hereinafter provided. Such appraisers shall take and subscribe an oath to impartially appraise the said real estate

CHAP 63. "An act for the relief of occupants and claimants of real estate and to repeal an act entitled 'An act for the relief of occupants of lands.' approved February 21, 1873." Passed and took effect February 23, 1883. Vendee, under contract providing for forfeiture of improvements, not entitled to benefits of law. 12 Neb., 296. Party not in possession cannot avail himself of benefit of improvements. 14 Neb., 12. Final judgment should be rendered prior to ascertaining value of improvements; party claiming benefits estopped to review original judg ment. 11 Neb. 376. 17 Id., 457. Law does not bar recovery for rents and profits. 12 Neb., 545. Whether under section 5 remedy is exclusive and the failure to obj et to the verdict of the appraisers within the time fixed by said section is a waiver of the right, quære. 17 Neb., 454. Request by claimant for jury to assess value of im provements, held, under facts stated to be made within time, and not too late. 17 Neb., 457. 26 Id., 670. Persons Claiming under tax deed entitled to benefit of act. Id., 670. Cause remanded by supreme court to district court with directions to ascertain the value of permanent improvements. 19 Neb., 705, and see 19 Neb.. 452. Claimant must be one claiming title in good faith. 35 Id., 670. Measure of recovery, increased value of estate, not cost of improvements. 44 Id., 633. Statute of limitations relating to tax liens no bar to recovery of taxes. Id. Act applicable in actions by vendor against vendee on default. 56 Id., 181. Defendant must own improvements.

58 Id., 648.

SEC. 2. Cited 88 Neb., 56.

and improvements, which oath shall be filed with the clerk of the court issuing such order. The order thus issued to the sheriff shall be accompanied by written instructions from the court to the appraisers, necessary to carry out the provisions of this act. Such appraisers shall be allowed the same fees and mileage as jurors are allowed in the district court.

3866 SEC. 4. [Same.] The appraisers shall jointly proceed at once, after service of said order on them, to view the real estate in question, and to assess the value of all lasting and valuable improvements on the same, previous to the party receiving actual notice as aforesaid of said adverse claim. They shall also assess the net annual value of the rents and profits which the occupant or claimant has received after having received notice of the successful claimant's title by service of process, and they shall deduct the amount thereof from the estimated value of the improvements aforesaid. They shall also assess the value of the land in question at the time such occupant went into possession thereof, or such claimant commenced to pay the tax thereon, as the same may be.

3867 SEC. 5. [Report-Objections-New appraisement.] The appraisers shall make report in writing of their appraisement and deposit the same in a sealed envelope with the clerk of such court, within the time required by the court, and if either party shall think himself aggrieved by such appraisement he may file. objections thereto at the term to which the same is returned, if returned in term time, ten days before such term adjourns, and if such report is made in vacation, or if made in term time, less than ten days before such term adjourns, then such objections may be filed on or before the second day of the term next ensuing. Upon the hearing of such objections, if the court is of the opinion that injustice has been done by such appraisement, the same shall be set aside and a new appraisement ordered. New appraisers shall thereupon be summoned and like proceedings had as hereinbefore provided.

3868 SEC. 6. [Judgment.] If no objections are made to the appraisement, or if made and overruled, the court shall proceed without pleadings to ascertain the amount of taxes paid by the occupant or claimant, with interest as hereinbefore provided for. If the appraisement reported to the court shall show a sum in favor of the occupant or claimant against whom such a decree or judgment is rendered, the amount of taxes and interest as ascertained by the court shall be added thereto, and decree entered therein in favor of such unsuccessful occupant or claimant against the said person proving a better title. Such decree shall constitute and be a lien upon said real estate, but in case the appraisement shall show a balance due the person proving a better title, the amount of such balance shall be deducted from the amount found due the occupant or unsuccessful claimant for taxes and interest, and decree be entered for the difference in favor of such occupant or claimant. If upon the whole finding there shall appear a balance due the successful claimants, judgment shall be rendered in his favor therefor.

3869 SEC. 7. [Final hearing.] If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimants, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree.

3870 SEC. 8. [Same-Writ of possession.] If the successful claimant shall elect to pay and does pay to the occupant or claimant the balance found due SFC. 4. Rents and profits subsequent to commencement of ejectment suit. 35 Neb., 660. Not prior thereto. 58 Id., 648. Appraisers have no authority to take testimony

SEC. 5. Objections may be filed out of time. 44 Neb., 633.

44 ld., 633.

him on the final hearing within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be entered against such unsuccessful claimant as the case may require.

3871 SEC. 9. [Same.] If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupants or claimant within such time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and such occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then such successful claimant shall deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimants, or decree shall be entered in his favor as the case shall require.

3872 SEC. 10. [Decree.] The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in the two preceding sections, and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvement. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.

3873 SEC. 11. [Suits pending.] This act shall apply to all suite now pending or hereafter brought, wherein any of the claims or rights herein set forth shall be demanded, and such demand for improvements or taxes may be made upon the overruling by the court of a motion for a new trial, or in case the suit is one in equity, then such demand may be made within three days after the entry of decree. In suits now disposed of in which the unsuccessful occupant or claimant would have been entitled to the relief herein provided for, such occupant or claimant, may make such application to the court within six months after this act shall become a law; Provided, however, That all of the provisions of this act shall be limited and restricted to those cases where the title to the real estate in controversy is derived from some source other than that which comes from such tax titles, tax certificates, tax receipts, or the payment of taxes by any person claiming any interest in or title to such real estate, by reason of such tax deeds, or tax titles, tax certificates, or tax receipts.

SEC. 11. Persons claiming under tax deed entitled to benefits of act. 26 Neb., 670.

CHAPTER 64.-OILS.

ARTICLE I.-SALE.

3874 SECTION 1. [Testing oils.] That it shall be unlawful for any person or persons to offer for sale, for illuminating purpose, as agent, or otherwise, any mineral or petroleum oil, or any oil, fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, until after he, or they have tested the same in the manner following, to-wit: By taking not less than half a pint of the oil, fluid, or substance to be tested, and placing the same in a small vessel, in which there is no other substance, of such dimensions that the surface of the oil, fluid, or substance shall not exceed four square inches in area, and placing a Fahrenheit's thermometer in said oil, fluid, or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid, or substance will emit a gas or vapor that will ignite by bringing the flame of a lighted match or other burning taper in contact with the surface of the article being tested, with such frequency and in such a manner as to ascertain the exact temperature by said thermometer at which said fluid, oil, or substance will emit a gas that will ignite, and if it will emit a gas or vapor that will iguite at any temperature below one hundred and ten degrees, Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale. [1875, § 1, 27.]

3875 SEC. 2. [Penalty for selling.] That any person or persons who shall offer for sale for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he or they, have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes, any of said articles that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, under the test prescribed in this act, he or they shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than one hundred dollars, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.

3876 SEC. 3. [Same.] That if any person or persons, manufacturer, refiner, or wholesale dealer of any oil, fluid, or substance mentioned in the first section of this act as agent or otherwise, shall sell for illuminating purposes, any oil, fluid, or substance mentioned in said section, that will emit a gas or vapor that will ignite at any temperature under one hundred and ten degrees, Fahrenheit, under the test in this act prescribed, he or they shall be guilty of a misdemeanor, and on conviction thereof, shall be fiued in any sum not exceeding one thousand dollars, or imprisonment in the jail of the county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution.

3877 SEC. 4. [Same.] That if any person or persons, shall sell for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance, that will emit a gas or vapor, that will ignite at any temperature below one hundred and ten degrees Fahrenheit under the test prescribed by this act, he, or they, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars, or ART. I. "An act to regulate the sale of illuminating oils." Laws, 1875, 27. Took effect May 1, 1875.