ment be affirmed, the appellate court shall render judgment against the appellant and the sureties on his bond, or either of them, for the amount which the appellee is entitled to recover from the appellant on account of such contest, together with costs; but in such case the sureties, or either of them, shall be entitled to produce and examine witnesses concerning the amount of such recovery.

SEC. 100. [Appeal bond.—If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal.

VACANCIES.

SEC. 101. [Vacancies.]-Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows: 1. The resignation of the incumbent. 2. His death. 3. His removal from office. 4. The decision of a competent tribunal declaring his office vacant. 5. His ceasing to be a resident of the state, district, county, township, precinct, or ward in which the duties of his office are to [be] exercised, or for which he may have been elected. 6. A failure to elect at the proper election, there being no incumbent to continue in office until his successor is elected and qualified, nor other provisions relating thereto. 7. A forfeiture of office as provided by any law of the state. 8. Conviction of an infamous crime, or of any public offense involving the violation of his oath of office. 9. The acceptance of a commission to any military office, either in the militia of this state or in the service of the United States, which requires the incumbent in the civil office to exercise his military duties out of the state for a period not less than sixty days.

SEC. 102. [Resignations.]—Resignations of civil officers may be made as follows: 1. By the governor to the legislature, if in session, if not, to the secretary of state. 2. By senators and representatives in congress, and by all officers elected by the qualified voters of the state, and by judges of the supreme and district courts, district attorneys, and regents of the university, to the governor. 3. By members of the senate and house of representatives, to the presiding officers of their respective bodies, if in session, who shall immediately transmit information of the same to the governor. If such bodies are not in session, to the governor. 4. By all county and precinct officers, to the county board, and by members of the county board to the county clerk. 5. By all township officers, to the township clerk; and by the township clerk to the town board. 6. By all officers holding appointment, to the officer or body by whom they were appointed. Such resignation shall not take effect until accepted by the board or officer to whom the same is made.

SEC. 103. [Filling vacancies.]-Vacancies shall be filled in the following manner: In the office of the reporter of the supreme court, by the supreme court. In all other state and judicial district offices, and in the membership of any board or commission created by the state, where no other method is specially provided, by the governor. In county offices by the county board; and in the membership of such board by the county clerk, treasurer and judge. In township offices by the town board, but where the offices of the town board are all vacant the clerk shall appoint, and if there be no town clerk, the county clerk shall appoint. In city and village offices, by the mayor and council or board of trustees.

SEC. 104. Expiration of fixed term.-Every officer elected or appointed for a fixed term, shall hold office until his successor is elected, or appointed and qualified, unless the statute under which he is elected or appointed expressly declares the contrary. This section shall not be construed in any way to prevent the removal or suspension of such officer during or after his term in cases provided by law.

SEC. 105. [Appointments.]—Appointments under the provisions of this chapter shall be in writing, and continue until the next election at which the vacancy can be filled and until a successor is elected and qualified, and be filed with the secretary of state, or proper township clerk, or proper county clerk, respectively.

SEC. 106. [Possession of official property.]-When a vacancy occurs in a public office, possession shall be taken of the office room, and of the books. papers, and all things pertaining to the office, to be held until the election or appointment and qualification of a successor, as follows: Of the office of county clerk by his deputy, if there be one, if not, by the county judge; and in case of any delay in the election or appointment of a successor to the county clerk, his deputy shall continue to discharge the duties of the office, being responsible for the conduct and management thereof upon his official bond. Of the office of county treasurer by the sheriff. Of any of the state officers, by the governor, or in his absence or inability at the time of the occurrence, as follows: Of the secretary of state, by the treasurer. Of the auditor of public accounts, commissioner of public lands and buildings, and superintendent of public instruction, by the secretary of state. Of the treasurer, by the secretary of state and auditor of public accounts, who shall make an inventory of the money and warrants therein, sign the same, and transmit it to the governor if he be in the state; and the secretary of state shall take the keys of the safes and desks, after depositing the books, papers, money and warrants therein, and the auditor shall take the key of the office room. SEC. 107. [Election to fill vacancies.]-Vacancies occurring in any state, judicial district, county, precinct, township, or any public elective office, thirty days prior to any general election, shall be filled thereat. Vacancies occurring in the office of county judge [or] justice of the peace, where the unexpired term does not exceed one year, shall be filled by special election. Vacancies occurring in the office of any police magistrate in cities where the unexpired term does not exceed one year shall be filled by appointment, but vacancies occurring in such office less than thirty days prior to any city election, and where the unexpired term exceeds one year shall be filled by special election. And any person so appointed or elected under the provisions of this section shall hold his office for the unexpired term.

SEC. 108. [Vacancy in congress, or legislature.] --When a vacancy occurs in the office of representative in congress, or members of the legislature, and the body in which such vacancy exists will convene prior to the next general election, the governor shall order a special election to fill such vacancy at the earliest practicable time, and ten days notice of such election shall be given.

SEC. 109. [Special elections.]-The provisions relating to general elections shall govern special elections, except where otherwise provided for.

SEC. 110. [Canvass.]-In all cases where special elections are held to fill vacancies in offices mentioned in the preceding subdivision, the board of canvassers shall meet at twelve o'clock M., on the third day after said election, to canvass the votes cast at such election, and the county clerk, within four days after any special election for a member of the legislature, or representative in congress, shall transmit to the secretary of state an abstract of the votes cast at said election, if there be more than one county in the district.

SEC. 111. [Canvass by state board.]-Within ten days after said election in the case last mentioned, the board of state canvassers shall meet and canvass the votes cast to fill such vacancy, and if the returns have not been received. from all the counties composing said district, they may adjourn to such day as they deem necessary, not exceeding five, for the purpose of receiving said returns. SEC. 112. [Repealed act of 1873, G. S. 352: Laws 1877, 143, 146; and all acts inconsistent with the provisions of this act.]

SEC. 113. [Provided for act to take effect Sept. 1, 1879.]

SEC. 114. Canvass of vote where county clerk is candidate.]--Whenever the county clerk of any organized county of this state shall be a candidate for any office created by the laws of this state, or for member of the legislature of this state, it shall be the duty of the probate judge of the proper county to select two qualified electors of the county, who, together with himself, shall

SEC. 114. "An act to provide for canvassing votes in certain cases." Laws 12th Sess. Ter. 1867, 18. Took effect Feb. 18, 1867.

constitute a board of canvassers to canvass the votes polled for the office for which the then county clerk was a candidate; Provided, That in the event of the probate judge being a candidate for any office at said election, the county clerk shall canvass the votes as provided by law. The votes shall be so canvassed within the time and in the manner now prescribed by law. [12 Sess. Ter. 1867, 18. G. S. 365.]

CHAPTER 27.-ESTRAYS.

SECTION 1. [By whom taken up.]-It shall be lawful for any person hold ing land in this state, by deed, title, bond, or lease, for one or more years, and being in possession thereof, to take up any estray horse, mule, or ass, neat cattle, sheep, or swine, found within his enclosed premises at any season of the year; and any estray found around the premises of any lessee or freeholder between the twentieth day of October and the first day of April, may be taken up by such lessee or freeholder; and any horse, mule, or ass, with any portion of harness attached to them, and any oxen, with yoke, that are believed to have estrayed away from their owners, may be taken up by any person at any time. [R. S. 153. G. S. 368.]

SEC. 2. [Record of description.]-It shall be the duty of any person taking up an estray to send a description of the same to the county clerk within ten days after taking it up, and the county clerk shall immediately record the same in a book kept for that purpose, for which he shall receive the sum of twenty-five cents. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal in any newspaper published within the county.

SEC. 3. [Publication.]-The proprietor of such newspaper shall publish said description for at least five consecutive weeks, and shall receive therefor the sum of three dollars; Provided, That if two or more estrays of the same species shall be taken up by the same person at the same time, they shall be included in the same publication; and in such case the aforesaid publisher shall receive no more than for one of such species, except, where the number so described shall exceed three, he shall receive one dollar for each estray beyond that number included in such publication.

SEC. 4. [Owner may reclaim.]-The owner of an estray may, at any time previous to its sale, reclaim the same on proving said property by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expenses incurred by the person taking up said estray.

SEC. 5. [Arbitrators.]-In case the parties cannot agree upon the amount of the expenses incurred, they may each choose a disinterested person to act as arbitrators, and the two chosen may choose a third. The decision of the arbitrators shall be final.

SEC. 6. [Disposition.]-When an estray, if it be a sheep, swine, or calf, under the age of one year, has not been reclaimed within six months after the advertising the same, it shall become the property of the person taking it up, without further proceedings. If the estray be a horse, mule, ass, bull, cow, or steer, over the age of two years, it must be reclaimed within six months from the time it was first advertised. If the estray is an animal over the age of one year, and not over the age of two years, it must be reclaimed within six months from the time it was first advertised. If any estray included in the last two named classes shall not be reclaimed within the time specified respectively, the person taking up the estray shall notify a justice of the peace of the county wherein said estray was taken up, who shall appoint two disinterested persons, and administer to them an oath or affirmation to faithfully and truly appraise said estray, and said persons, upon actual view of said property, shall appraise the same at its true value, and make due return thereof, in writing, to said justice of the peace, who shall appoint a day of sale, and cause notice of the time and place of sale, to be published at least five weeks consecutively before the day

NOTE.-Chap. XVIII. R. S. 153. Chap. 21. G. S. 368. 10 Neb. 497.

of sale, in a newspaper printed in said county and by posting up written or printed notices in three public places in the precinct where the estray is to be sold; and in case there is no newspaper printed in said county, there shall be three additional written or printed notices posted up at the county seat of said county, and on the day appointed said estray shall be sold by said justice to the highest bidder in cash; and the proceeds thereof, after deducting the costs of the proceedings and the expenses of keeping said estray, shall be paid to the county treasurer within ten days after the sale, subject to the order of the owner, provided the owner of said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale; and if said balance is not so claimed within the time so specified, it shall be placed by said treasurer to the credit of the general school fund of said county. SEC. 7. [Place of sale.]—The place of sale shall be at the residence of the person taking up the estray.

SEC. 8. [Price.]-When an estray is sold, it must bring at least two-thirds of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week after the day appointed for the first sale, and no advertisement shall be necessary for the second sale.

SEC. 9. [No sale, when.]—When the appraisers think that the animal will not bring more than enough to defray the necessary expenses of the sale and advertisement thereof, said sale shall be dispensed with, and the person who took up the animal shall, on the payment of expenses, be the owner thereof.

SEC. 10. [Proceeds of sale.]-The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

SEC. 11. [Penalties.]-Any person violating section ten of this chapter shall be liable to a fine of not less than twenty dollars nor more than two hundred dollars. SEC. 12. [Appraisal.]—The appraisers of estrays shall estimate the value of the labor, trouble and expense of the person in taking up and keeping an estray-taking into consideration the services rendered by the animal.

SEC. 13. [Fees of appraisers.]-The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of one dollar and fifty cents.

SEC. 14. [Payment of expenses.]-The advertisement, the appraisement, and the services of the justice of the peace, shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

SEC. 15. [Gelding.]-If any horse or mule not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or mule, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within three days thereafter and pay to the said taker-up two dollars as compensation for his trouble, the taker-up shall proceed to advertise said horse or mule, and the same proceedings shall be had in every respect as hereinbefore provided in cases of estray horses or mules; Provided, That the taker-up, may, after the expiration of twenty days from the time of advertising, geld, or procure to be gelded, the said horse or mule, which shall be done at the risk and expense of the owner.

SEC. 16. [Death of estray.]-Should any animal taken up as an estray die while in possession of the person taking it up, he shall not be liable for the loss unless its death was the result of mistreatment or wilful neglect.

CHAPTER 28.-FEES.

SECTION 1. The salaries and fees of the several officers hereinafter named

shall be as follows: [R. S. 157. G. S. 371.]

SECS. 1-22, 28-38. Chap. XIX, R. S. 157. Chap. 22, G. S. 371. Secs. 26-8, G. S. 383, relating to commencement fee in supreme and district courts were repealed 1877, 68.

SEC. 2. [Clerk of the supreme court.]-Docketing each cause, civil or criminal, to be charged in each case but once, seventy-five cents. Issuing summons in error, writ of error, certiorari, writ of injunction or mandate, one dollar. Dismissal, discontinuance, or continuance, twenty-five cents. Entering each cause on the bar and court calendar fifteen cents. Issuing and docketing execution or order of sale, one dollar. Taking affidavit, twenty-five cents. Filing motion, rule, affidavit or other paper, ten cents. Issuing attachment, and filing motion therefor, seventy-five cents. Indexing each cause, direct and reverse, each docket, ten cents. Entering judgment, decree or order on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering minute of judgment, decree or order, on the appearance docket, fifteen cents. Making copy of process, pleadings, record or other paper, or any part thereof, for each ten words, one cent. Entering satisfaction, twenty-five cents. Certificate and seal, fifty cents. Every search, where no other services are rendered to which any fee or fees are attached, fifteen cents.

SEC. 3. [Clerk of the district court.]-Docketing each cause, seventyfive cents. Issuing summons, order of arrest, order of attachment, order of replevin, citation, or any mesne process, and filing return, fifty cents. Entering voluntary appearance of defendant, twenty-five cents. Taking bail-bond, twentyfive cents. Filing petition, pleading, indictment, or any other paper, ten cents. Issuing attachment and filing motion therefor, seventy-five cents. Entering return of any writ or order, other than of execution, order of sale, or of attachment, twenty cents. Entering each cause on the bar and court calendar of each term of the court, fifteen cents. Indexing each cause, direct and reverse, each docket, ten cents. Drawing petit jurors, and issuing venire therefor, fifty cents. Attending to the striking of special jury and issuing venire, one dollar. Impaneling jury and administering oath, twenty-five cents. Certifying to the county commissioners at the end of each term, the names of grand and petit jurors, and their terms of service and mileage, to be paid by the county, one dollar and fifty cents. Issuing subpoena, and seal, twenty-five cents. Swearing and entering appearance of each witness, fifteen cents. Entering judgment on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering verdict on the journal, twenty-five cents. Transcribing judgment or order on appearance docket, twenty cents. Drawing and issuing venire for grand jury, and impaneling the same, to be paid by the county, one dollar and twenty-five cents. Dismissal, discontinuance or continuance, twenty-five cents. Taxing costs, each cause, thirty-three cents. Making complete record, for each ten words, one cent. Copy of process, pleadings, record or paper filed, or any part thereof, for every ten words, one cent. Certificate and seal, twenty-five cents. Filing and entering petition for habeas corpus, twenty-five cents. Issuing writ of habeas corpus, one dollar. Issuing and docketing execution or order of sale, seventy-five cents. Entering return of execution, order of sale, or order of attachment, for each ten words, one cent. Indexing execution or order of sale, direct and reverse, each docket, ten cents. Taking acknowledgment of deed or other instrument, fifty cents. Taking affidavit, except those required to pleading, forty-five cents. Each certificate or seal not herein provided for, twenty-five cents. Entering satisfaction of judgment, twenty-five cents. Every search made by the clerk, where no other service is rendered to which any fee or fees are attached, fifteen cents. Entering mandate and proceedings of supreme court, twenty-five cents. Entering transcript of judgment of justice of the peace, forty cents. Entering and docketing appeal from judgment of justice of the peace, forty cents. Suggesting death of party or diminution of record, fifteen cents. Substituting party on the record, fifteen cents. Commission to examine witnesses, fifty cents. Entering confirmation of sale, twenty-five cents. Recording declaration of intention to become a citizen of the United States, and certified copy thereof under seal, fifty cents. Recording final admission of alien to the right of citizenship, and certified copy thereof under seal, fifty cents. Fil