county clerk, court, and SEC. 3. It shall be the duty of the county clerk, the Duties of clerk of the district court, and the county treasurer of the clerk of the county wherein such levy is made, for the purpose of treasurer ascertaining the amount of the liens and incumbrances upon the lands and tenements so levied upon, upon application of the sheriff in writing, holding such execution, to certify to said sheriff under their respective hands and official seals, the amount and character of all liens existing against the lands and tenements levied on, and which are prior to the lien of such levy, as the said liens appear of record in their respective offices. For which certificate and the necessary search therefor, said officer shall receive a fee of two dollars ($2.00) each, to be paid by the plaintiff in the execution, and taxed as increased costs in the action in which the judgment on which execution was issued was rendered. lands sold. .SEC. 4. The officer holding such appraisement shall How and when forthwith deposit a copy thereof, including his application to the officers enumerated in section three of this act, and their official certificates as in said section provided, in the office of the clerk of the court from which such execution issued, and shall immediately advertise and sell said real estate, lands, and tenements agreeable to the provisions of this act, but in no case shall he sell any such real estate, lands, or tenements for less than two-thirds the appraised value of the interest of the person, persons, or corporation, against whom the execution was issued, unless it appear from the appraisement under this act that the liens and incumbrances thereon equal or exceed its real value in money. SEC. 5. Sections 492 and 493 of the code of civil pro- Acts repealed. cedure, are hereby repealed. SEC. 6. This act shall take effect and be in force from and after its passage, but shall not apply to executions which shall issue upon judgments already entered. Gen. Stat., 609. Payment of attorneys' fees. draw warrant. 1. Payment of attorney's fees. 2 State auditor to draw warrant. AN ACT To provide for the payment of attorney's employed by counties in tax cases. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That a sufficient sum be appropriated out of the state general fund for the payment of attorneys' fees provided, for in section thirty-three (33), of chapter thirteen (13) of the general statutes of Nebraska. State auditor to SEC. 2. The state auditor is hereby authorized, upon evidence being presented, that the law referred to in section one (1) of this bill has been complied with, to draw his warrant upon the state treasurer for the amount of such fees, which warrant shall give the name of the attorney and the suit in which such service was rendered. In case the attorneys' fees provided for in said section, have been paid by any county, such warrants shall be drawn in favor of the county treasurer thereof. To take effect. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, February 19, 1875. postponement Be it enacted by the Legislature of the State of Nebraska : SECTION 1. That when an application shall be made Costs upon to a court of record to postpone a trial, the payment to the of trial. adverse party of a sum not exceeding ten dollars, besides the costs of the term, may in the discretion of the judges be imposed as a condition of granting the postponement. tions or demur rers. SEC. 2. Costs may be allowed on a motion or demur- Costs on morer in the discretion of the court or judge, not exceeding ten dollars, which shall be absolute against the losing party on such demurrer or motion: Provided, That this provision shall not apply to verbal motions and demurrers ore tenses during the course of the trial. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, February 25, 1875. To provide for short-hand reporters for the district courts. trict court may Judge of dis- appoint a short-hand reporter, who shall be well skilled appoint short- in the art, and competent to discharge the duties required, for the purpose of recording the oral testimony of witnes h and reporters. Duties of re porter. Compensation. Alited refor ses in criminal cases, and in civil cases, when either of the parties request it, and the charge of the court to the jury, when requested by either party, and such other matters as the judge may direct. SEC. 2. Such reporter shall take an oath faithfully, to perform the duties of his office, which shall be filed in the office of the clerk. It shall be the duty of said reporter to attend all the sessions of the district court in the district in which he is appointed, and may be removed by the judge making the appointment, for misconduct, incapacity, or inattention to duty. SEC. 3. They shall receive compensation as follows: For each day actually employed in court taking testimony, <the sum of five dollars, to be awarded and paid by the county, upon the certificate of the judge; and for making transcripts thereof, for each one hundred words, the sum of ten cents; the same in criminal cases, to be audited and paid in the same manner; but where such transcripts are <required in any civil case, the fees thereof shall be paid by the party desiring the same, and the amount allowed such reporter shall in all instances, except where the defendant in a criminal case is acquitted, be taxed as part of the costs. SEC. 4. This act shall take effect and be in force from and after its passage. Approved, February 9, 1875. PART III. AMENDMENTS TO GENERAL STATUTES OF 1873, AND PRIOR LAWS OF A GENERAL NATURE. SECTION 1. Report of agricultural board to be made to legislature. AN ACT To amend section eleven (11) of chapter two (2) of the general statutes, and to repeal sections twelve (12), thirteen (13), fourteen (14), and fifteen (15) of said chapter. Be it enacted by the Legislature of the State of Nebraska : cultural board the legislature. R.S. 1866, 7. Gen, Stat., 78, SECTION 1. That section eleven (11) of chapter two Reports of agri (2) of the general statutes, be amended to read as follows: to be made to Sec. 11. It shall be the duty of the said board to make a biennial report to the legislature, giving a general 1869, § 1, 65, view of the condition of agriculture throughout the state, and such other recommendations as they may deem important and useful. The sum of one thousand ($1,000) dollars is hereby appropriated out of the state treasury, and annually hereafter, subject to the order of the president and secretary of said board, said amount to be used in the payment of premiums awarded by said board in the various branches of agriculture: Provided, That should the board fail in any year to appear and award premiums > after as aforesaid, then the benefit of this section shall not be available that year: Provided further, That no portion of |