vacated in the manner provided by law for the alteration Streets and or discontinuance of highways.

alleys, how
vacated.

Gen. Stat., 10741

Gen. Stat., 955.

SEC. 5. Any such plat may be vacated by the pro- 1871 $1, 125. prietors thereof, at any time before the sale of lots any therein, by a written instrument declaring the same to be vacated, duly executed, acknowledged, or proved and recorded in the same office with the plat to be vacated; and the execution and recording of such writing shall operate cated to destroy the force and effect of the recording of the plat so vacated, and to divert all public rights in the streets, divest alleys, commons, and public grounds laid out or described

in such plat; and in cases where any lots have been sold, the plat may be vacated, as herein provided, by all the owners of lots in such plat joining in the execution of the writing aforesaid.

Plat, how va

SEC. 6. Any part of a plat may be vacated under the How part of plat vacated. provisions and subject to the conditions of this act: Provided, Such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat: And provided further, That nothing contained in this section shall authorize the closing or obstructing of any public highways laid out according to law.

grounds may

SEC. 7. When any part of a plat shall be vacated as when vacated aforesaid, the proprietors of the lots so vacated may en- be enclosed. close the streets, alleys, and public grounds adjoining said

lots in equal proportions.

ty clerks.

SEC. 8. The county clerk, in whose office the plats Duties of cour aforesaid are recorded, shall write in plain, legible letters across that part of said plat so vacated, the word "vacated,” and also make a reference on the same to the volume and page in which the said instrument of vacation is recorded. SEC. 9. The owner of any lots in a plat so vacated, Owner of los may cause the same and a proportionate part of adjacent may again piat streets and public grounds, to be platted and numbered by the county surveyor; and when such plat is acknowledged

in plat vacated

the same.

Failure of origi

nal owner to

plat.

by such owner, and is recorded in the clerk's office of the county, such lots may be conveyed and assessed by the numbers given them on such plat.

SEC. 10. Whenever the original owner or proprietor of execute and file any sub-division of land, as contemplated in section one of this act, has sold or conveyed any part thereof, or invested the public with any rights therein, and has failed and neglected to execute and file for record a plat as provided in section one of this act, the county clerk shall notify some, or all, of such owners and proprietors by mail or otherwise, and demand the execution of said plat as provided; and if such owners or proprietors, whether so notified or not, fail and neglect to execute and file for record said plat for thirty days after the issuance of such notice, the county clerk shall cause to be made the plat of such sub-division and any surveying necessary therefor. Said plat shall be signed and acknowledged by the county clerk, who shall certify that he executed by reason of the failure of the owners or proprietors named to do so, and filed for record; and when so filed for record, shall have the same effect for all purposes as if executed, acknowledged, and recorded by the owners or proprietors themselves. A correct statement of the costs and expenses of such plat, surveying, and recording, verified by oath, shall be, by the county clerk, laid before the first session of the county commissioners, who shall allow the same, and order the same to be paid out of the county treasury, and who shall, at the same time, assess the said amount, pro rata, upon all the several sub-divisions of said tract, lot, or parcel, so sub-divided; and said assessment shall be collected with, and in like manner as the general taxes, and shall · go to the general county fund; or said county commissioners may direct suit to be brought in the name of the county before any court having jurisdiction, to recover of the said original owners or proprietors, or either of them,

the said cost and expense of procuring and recording said plat.

gressional sub

forty acres or

de-less, may be

platted for purposes of assess ment and taxation.

SEC. 11. Whenever any congressional sub-division of When conland of forty acres, or less, or any lot or sub-division is division of owned by two or more persons in severalty, and the scription of one or more of the different parts or parcels thereof can not, in the judgment of the county clerk, be made sufficiently certain and accurate, for the purposes of assessment and taxation without noting the metes and bounds of the same, said county clerk shall require, and cause to be made and recorded, a plat of such tract or lot of land with its several sub-divisions, in accordance with the provisions of this act; and he shall proceed in such cases according to the provisions of section ten of this act, and all the provisions of said section in relation to plats of towns, cities, and so forth, shall govern as to the tracts and parcels of land in this section referred to.

county clerks tion in convey. ance is not definite.

when descrip

SEC. 12. Every conveyance of land in this state, shall Duties of be deemed to be a warranty that the description therein contained is sufficiently definite and accurate to enable the county clerk to enter the same on the plat book required by law to be kept; and when there is presented to be entered on the transfer book, any conveyance in which the description is not, in the opinion of the county clerk, sufficently definite and accurate, he shall note said fact on said deed with that of the entry for transfer, and shall notify the person presenting the same that the land therein, not sufficiently described, must be platted within thirty days thereafter. Any person aggrieved by the opinion of the county clerk may, within said thirty days, appeal therefrom to the county commissioners, by claiming said appeal in writing, and thereupon no further proceedings shall be taken by the county clerk, and at their next session the county commissioners shall determine said question and direct whether or not said plat shall be executed and filed,

Plats hereto. fore filed de. clared valid.

Penalty for

selling before

and within what time; and if the grantor in such conveyance shall neglect for thirty days thereafter to file for record a plat of said land, and of the appropriate congressional sub-division in which the same is found, duly executed and acknowledged as required by the county clerk, or in case of appeal as directed by the county commissioners, then the county clerk shall proceed, as is provided in section ten of this act, and cause such plat to be made and recorded, and thereupon the same proceedings shall be had, and rights shall accrue, and remedies had, as are in said section provided. Such plat shall describe said tract of land and any other sub-division of the smallest congressional sub-division of which the same is part, numbering them by progressive numbers, setting forth the courses and distances, and number of acres, and such other memoranda as are usual and proper; and descriptions of such lots or sub-divisions according to the number and designation thereof on said plat shall be deemed good and sufficient for all purposes of conveyancing and

taxation.

SEC. 13. None of the provisions of this act shall be construed to require re-platting in any [case] where plats have been made and recorded in pursuance of any law heretofore in force; and all plats heretofore filed for record, and not subsequently vacated, are hereby declared valid, notwithstanding irregularities and omissions in the manner or form of acknowledgment or judge's certificate; but the provisions of this section shall not effect any action or proceeding now pending.

SEC. 14. Any person who shall dispose of, or offer for plat recorded. sale, or lease any lots in any town, or addition to any

town or city, until the plat thereof has been duly acknowledged and recorded as provided in this act, shall forfeit and pay fifty dollars for each lot and part of lot sold, or disposed of, leased, or offered for sale.

SEC. 15. This act shall take effect and be in force from To take effect.

and after its passage.

Approved, February 25, 1875.

SECTION 1. County commissioners shall levy tax to pay precinct

bonds.

AN ACT

To amend "An act entitled an act to provide for the registration of precinct or township and school district bonds."

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

missioners shall

precinct bonds.

SECTION 1. That section four of an act "To provide County com for the registration of precinct, or township and school levy tax to pay district bonds," approved, February 27, 1873, be, and the Gen. Stat., 884same is hereby amended so as to read as follows: Sec. 4. It shall be the duty of the board of county commissioners in each county, to levy annually upon all the taxable property in each precinct, or township and school district in such county, a tax sufficient to pay the interest accruing upon any bonds issued by such precinct, township, or school district, and to provide a sinking fund for the final redemption of the same; such levy to be made with the annual levy of the county, and the taxes collected with other taxes, and when collected, shall be, and remain in the hands of the county treasurer a specific fund for the payment of the interest upon such bonds, and for the final payment of the same at maturity. It shall be the duty of the county clerk to furnish a copy of his register to the county treasurer. It shall be the duty of all precinct, or township and school district boards, or officers, immediately after the passage of this act, to furnish the county