county in which any part of the proposed work shall be situated, which court or judge, as the case may be, shall immediately appoint three disinterested appraisers, and such appraisers shall examine all lands, the intrinsic or market value of which may be by them supposed to be liable to be affected by the construction of the proposed work, or by the appropriation of all or any part of it for right of way or other purpose of the company, or of any stone, timber, gravel, or other material required by the company, and shall make out separate schedules in the smallest United States government subdivisons of all such lands situated in each county, and shall assess to each tract the full and entire amount of such benefit which it will, in the opinion of a majority of them, receive, without any regard to the cost of such work, and the injury which in the opinion of a majority of them it will sustain ; and append to each schedule their affidavit that the same is a true assessment, and return the same to the secretary of the company, who shall cause it to be filed for record and recorded in the office of the county clerk of the county in which the land therein described shall be situated, and from the date of filing thereof such assessments shall respectively be a lien on the lands upon which they were assessed, for the amount of such assessments of benefits, less the amount of injury assessed. And when, and as often as it shall become necessary or desirable to re-assess any tract of land for the correction of any mistake, or to enable the company to appropriate any part of the same for right of way, or any stone, timber, gravel or other material for construction of the work; and whenever, and as often as it shall be desired by the company to make a re-assessment, of any tract or tracts of land for any purpose, said appraisers shall, upon request of the company, make such re-assessments, and so, from time to time, when, and as often as they shall be requested, and shall make and return schedules of the same, and such schedules shall be filed for record and recorded in the county clerk's office as aforesaid, and shall constitute liens, shall be collected, and shall in all respects be governed by the same rules, and have the same force and effect as the original assessments above provided for; and if any appraiser appointed as aforesaid shalt die, resign or fail to act as such, when the interests of the company shall in the opinion of the president require it, his appointment as such appraiser shall thereby be vacated, and upon representation of such vacation to such court or judge by the president such court or judge shall, upon the application of the company, immediately fill such vacancy by the appointment of a like disinterested person, who shall qualify by and in the manner above provided, and the same shall be done when, and as often as the company may request; Prorided, That upon filing such schedule for record, the secretary shall give notice thereof by posting a notice in a conspicuous place in the county clerk's office, and any party aggrieved by any such assessment may, within thirty days thereafter, appeal therefrem to the district court, or county court of said county; And provided further, That any person who is under legal disabilities at the time of the making and filing of such schedule, shall have the right of appeal as aforesaid at any time within thirty days after the removal of such disabilities; And provided further, That any two appraisers may perform all the services required by this section, and that all acts concurred in by any two, shall be valid, binding and effectual.

SEC. 7. [Survey-Estimate of cost.]-Before the actual construction of the work shall be begun, surveys of it, and estimates of its costs shall be made, and the appraiser's schedules of assessments returned to the secretary, and if the estimated cost of the work shall exceed the aggregate amounts of the assessments, the work shall not be further prosecuted.

SEC. 8. [Work divided into sections.]-Before the actual construction of the work shall be begun, the company shall divide the main line of their work into as many sections, of not exceeding six miles in length, as may be convenient, and each of such sections, with its auxilliaries, branches and tributaries, shall form a separate division of the work; and they shall also appropriate and set apart as applicable to, and hold the same inviolate for, the construction of each of such divisions respectively, a portion of their resources bearing the same ratio

to the whole of their resources properly applicable to the construction of the work, as the estimated cost of such division shall bear to the estimated cost of the whole work; and so much thereof as shall be necessary shall be applied for the purpose for which it was appropriated and set apart, and the surplus may be applied to other legitimate purposes of the company, and the work of construction shall be prosecuted as simultaneously upon the whole line as may seem to the directors consistent with proper economy.

SEC. 9. [Notice to landowners.-The owners of land liable to be affected by the work of a company, shall have notice of the time and place, when and where the appraisers will begin the examination of lands and the assessment of benefits and injuries thereto, and of the order in which it shall be intended to proceed with the same, which notice need not specify what lands are to be examined or assessed, but may be general, and addressed to the public, and shall be sufficient if published for three successive weeks in a newspaper published in the · county in which the lands are situated, and proof of its publication may be made by affidavit of the printer or publisher of the paper in which it is published, or of the secretary of the company.

SEC. 10. [Assessments, how paid.]-The board of directors may order the payment of said assessments in installments not exceeding ten per centum per month, and payment thereof shall be made to the treasurer in compliance with such order; Provided, That no more shall be collected than shall, in the opinion of the directors, be required tor the legitimate purposes of the company in the prosecution of the work; And provided further, That unless the main line of the company's proposed work shall exceed twenty miles in length, no part of the assessments shall be collected by the company until the company shall have given bond, payable to the state of Nebraska, with surety approved by the clerk of the district court, or judge thereof, of a county in which the work, or some part of it, is situated, conditioned for the faithful application to the legitimate purposes of the company of all money which shall be received by them for the construction of the work, which bond shall be filed in the clerk's office of the district court in the county where it was approved and a copy thereof in the clerk's office of such court in each of the other counties in which any part of the work is situated; and any person or persons, aggrieved by any breach of the conditions of said bond shall have an action thereon in any court of competent jurisdiction for the recovery of all damages thereby sustained by him or them.

SEC. 11. [Same-How enforced.]-Payment of assessments of benefits may be enforced by foreclosure of the lien in any court of competent jurisdiction, in the same manner as is provided by law for the foreclosure of mortgages, and the sale of mortgaged premises for the collection of debts, and payment of damages assessed for injuries to lands may be enforced by an action in a like court.

SEO. 12. [Appropriation of property.]-The company may appropriate any land, stone, timber, gravel, or other materials necessary for the right of way, or the construction, maintenance or improvement of their proposed work, by first paying into the county treasury of the county where the land is situated, for the use of the owner of the land, the amount of damages assessed by said appraisers to him therefor.

SEC. 13. [Bonds.]-Any company where work shall be estimated to cost three thousand dollars or more, may issue their bonds, with or without coupons, not exceeding in the aggregate the estimated cost of their work, which bonds may each be of any denomination, and payable at any time and place, and bear any rate of interest not exceeding ten per centum per annum, payable annually or semiannually, and may secure the payment thereof by pledge or pledges, or mortgage or mortgages, upon said assessments for benefits to lands or any part thereof, or any other property of the company; which pledges and mortgages may each provide for a sinking fund, for the gradual extinguishment of the debts, and such company may, from time to time, negotiate said bonds in any market or place, at any rate

of discount not exceeding ten per centum; and after any such bonds shall have been negotiated, no action or proceeding shall be instituted, nor any defense to any action be interposed by the company or any other person or persons, the object or tendency of which shall be to impair the validity or security, or to depress the value of such bonds, any provisions of law to the contrary notwithstanding.

SEC. 14. [Foreclosure of lien.-After the expiration of three years from the recording of the appraiser's schedule of assessments in any county, no action shall be instituted to foreclose any lien on land situated in said county, unless the assessments secured by such lien shall have been pledged or mortgaged as security for one or more bonds then outstanding; and in such cases, no tract of land shall, after the lapse of said three years, be liable for more than its fair proportion of the assessments pledged or mortgaged as security for bonds of the company, and required for the extinguishment thereof.

SEC. 15. [Irregularity of proceeding-Effect.-No informality, irregularity, or omission, which shall have occurred, or which may occur, in the organization or proceedings of any company, or in the appointment or proceedings of any of them, officers, agents, or the appraisers shall affect the rights and privileges of any such company, or invalidate the assessment of the appraisers, nor any sale of land which shall be made under any foreclosure of any lien for the assessment thereon; Provided, The amount of the assessment shall be clearly set forth in the appraiser's schedule, and the schedule shall have been duly recorded, and notice of the recording thereof given as hereinbefore provided,

CHAPTER 90.-TEN HOUR SYSTEM.*

SECTION 1. Ten hours shall constitute one day's labor, so far as it concerns laborers and mechanics, throughout the state. [R. S. 379.]

CHAPTER 91.-TOWNS AND VILLAGES.

SECTION 1. [Unclaimed lots.]-That all persons who shall be or may become the owners of any equities of title, in and to any town lot or lots, or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive, from the corporate authorities, a title in fee simple to the same, shall present their claims, and make demand for their deed, within sixty days from the passage of this act, in all those cases where the lot, lots or lands have already been unclaimed for the period of two years; and in all cases of sites of corporate towns or cities, which may be hereafter entered the property shall be claimed and the deed demanded within three years after such entry; Provided, That if any person shall neglect to comply with the terms of this act as aforesaid, the title in and to such realty shall vest in the corporation, as fully, and to all intents and purposes as though conveyed to said town or city by deed of general warranty. [1867 § 1, 94.]

SEC. 2. [Not applicable to tax sales.]--This act shall be construed to apply to rights acquired previous to the entry of the land; and in no case to rights of parties acquired by virtue of any tax sale. [Id. § 2.]

VACATING STREETS AND ALLEYS.

SEC. 3. [Notice.]--Any person seeking to have any street, alley or public grounds, in any town or village, vacated, shall give thirty days notice of the intended application therefor to the county commissioners for the vacation of such street, alley or public grounds, by posting five notices in as many of the most public places within the limits of the said town or village. Such notices shall contain a particular description of the street, alley or public grounds desired to be vacated,

*NOTE.-Chap. LII. R. S. 379.

SECS. 1-2. "An act to provide for the disposition of unclaimed lots entered in trust by corporate authorities." Laws 1867. 94. G. S. 1073. Took effect June 24, 1867.

་་

SEC6. 3-6. An act to provide for vacating streets, alleys and public grounds in towns and villages. Laws 1871, 125. G. S. 1074. Took effect Mar. 10, 1871.

and the time at which the application will be made to the county board for the order of vacation. [1871 § 1, 125.]

SEC. 4. [Board of examiners.-Upon the application of any person to the county board for the vacation of any street, alley or public grounds, proving by the oath of two persons that the foregoing section has been complied with, and by giving bond with sufficient security for all costs payable to the county, the board shall appoint three disinterested householders of the town or village, to examine the street, alley or public grounds, and at the next regular meeting of the board report whether in their opinion any injustice or inconvenience will be worked by the vacation of such street, alley or public grounds. The board, upon such report and other testimony presented by the applicant, or others opposing the vacation, shall decide for or against such vacation. [Id. § 2.]

SEC. 5. [Decision.]-The county board, if convinced that no injustice will be worked by any person or persons by such vacation, shall order such vacation, and in all cases they shall cause all expenses arising from the application and the ensuing proceedings to be paid by the party or parties applying for such vacation. [Id. § 3.]

SEC. 6. [Title, in whom vested.]-The street, alley or public grounds thus vacated, shall become the property of owners of real estate thereto adjacent, on each side, in proportion to the frontage of such real estate. The county clerk shall make a quit-claim deed, in the name of the county, to the different persons to whom such street, alley or public grounds may inure, signing said deed, and attaching the county seal thereto, and such deed shall convey all the title vested in the county. [Id. § 4.]

CHAPTER 92.-WAREHOUSEMEN.

SECTION 1. [Description of property.]-Whenever any personal property shall be consigned to, or deposited with, any forwarding merchant, wharf keeper, warehouse keeper, tavern keeper, or the keeper of any depot for the reception and storage of trunks, baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof. SEC. 2. [Notice to owner.]—If such property shall not have been left with such consignee or bailee for the purpose of being forwarded or otherwise disposed of, according to directions received by such consignee or bailee, at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner, by letter to be directed to him and deposited in a postoffice to be transmitted by mail, of the reception of such property.

SEC. 3. [Unclaimed property-Sale.]-In case any such property shall remained unclaimed for three months after its reception as aforesaid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks, in a newspaper published in the same county, if there be one, and if not, then in some paper published at the seat of government, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

SEC. 4. [Same-Proceedings before justice.]-In case the owner or person entitled to such property shall not, within three months after the publication of such notice, claim such property and pay the lawful charges thereon, including the expenses of such publication, the person having possession of the property, his agent or attorney, may make and deliver to any justice of the peace of the same county an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property is known or unknown.

NOTE.-Chap. LIV. R. S. 389. Chap. 82, G. S. 1075

SEC. 5. [Same.]-Upon the delivery to him of such affidavit, the justice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand that the property therein described be sold by the sheriff of the county where the same shall be, at public auction, upon due notice.

SEC. 6. [Notice.]-It shall be the duty of the sheriff receiving such inventory and order, to give ten days notice of the sale by posting up written notices thereof in three public places in the county or city, and to sell such property at public auction for the highest price he can obtain therefor.

SEC. 7. [Sheriff's return.]-Upon completing the sale, the sheriff making the same shall endorse upon the order aforesaid a return of his proceedings upon such order, and the proceeds of the sale after deducting his fees, which shall be the same as upon an execution.

SEC. 8. [Expenses.]-From the proceeds of such sale the justice shall pay the charges and expenses legally incurred in respect to such property, or a rateable proportion to each claimant if there be not sufficient to pay the whole; and such justice shall ascertain and determine the amount of such charges in a summary manner, and shall be entitled to three dollars for each days services rendered by him in such proceeding.

SEC. 9. [Avails_Disposition.]-Such justice shall deliver to the treasurer of the county in which the property was sold, the affidavit, inventory, and order of sale and return hereinbefore mentioned, together with a statement of the charges and expenses incurred in respect to such property as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such treasurer any balance of the proceeds of the sale remaining after payment of such charges, expenses, and fees.

SEC. 10. [Duties of treasurer.]-The treasurer shall file in his office, and safely keep all the papers so delivered to him, and make a proper entry of the payment to him of any moneys arising from such sale, in the books of his office.

SEC. 11. [Money paid to owner.]-If the owner of the property sold, or his legal representatives, shall, at any time within five years after such moneys shall have been deposited in the county treasury, furnish satisfactory evidence of the ownership of such property, he or they shall be entitled to receive from such treasurer the amount deposited with him.

SEC. 12. [Money paid to school fund.]-If the amount so deposited with any county treasurer shall not be paid to such owner, or his legal representatives, within the said five years, such county treasurer shall pay such amount into the school fund of the proper county, to be appropriated for the support of schools. " SEC. 13. [Warehouse receipts-Negotiable-Lien-Record.-Any packer of pork or beef, or any manufacturer of distilled spirits, having a warehouse for the storage of his own product; and any keeper of an elevator where he stores his own grain, may issue receipts for his own meats, spirits, or grain which he actually has so stored, in the usual form of warehouse receipts, which shall have the same force and effect as the receipts issued by the keeper of a public warehouse, to parties having property so stored therein, which receipts shall be negotiable by endorsement, and entitle the bona fide holder thereof advancing money upon the credit of the same to a lien upon the property so stored and described therein for the money so advanced, as to all subsequent purchasers and creditors of any person interested therein from the issue of such receipts and the advance of such money; Provided, The said receipts, or a copy thereof verified by the oath of the holder of the same, be recorded in the office of the county clerk of the county in which such warehouse or elevator may be. [1879 § 1, 73.]

SEC. 14. [Same-Fraudulent-Penalty.]-If any person described in the preceding section shall execute and deliver, or cause to be executed and delivered to any other person, false, fraudulent or fictitious warehouse receipts, ac

SECS. 13-14. "An act to provide and regulate the liens of warehouse receipts under certain circumstances." Laws 1879, 73. Took effect June 1, 1879.