county for election, judicial, and revenue purposes, it shall be the duty of the county clerk chosen at the first election, after having qualified according to law, to procure from the proper officer of such county a transcript of all deeds, mortgages, judgments, and liens of every description upon real or personal property lying and being in such newly organized county, and cause the same to be recorded in the proper offices of his own county; such clerk shall be at full liberty to take such transcripts himself, and when recorded in the proper office in his own county, shall stand headed with the name of the county and offices where taken, and a certificate attached thereto that they are correct; and such clerk shall receive for his services ten cents per folio for taking such transcripts, ten cents per folio for recording them, and ten cents per mile for travel ing in going after and returning with them, which shall be audited, allowed, and paid to, him by his own county. [Id. § 14.]

SEC. 14. [Officers.]-All county and precinct officers elected at the first election as herein provided shall continue to hold their respective offices until the next general election held for the same offices in other counties, as provided by the election law in force at that time, and until their successors are elected and qualified. [Id. § 15.]

ARTICLE III.-RE-LOCATION OF COUNTY SEATS.

SECTION 1. [Petition to county board.]-Whenever the inhabitants of any county are desirous of changing their county seat, and upon petitions therefor being presented to the county commissioners, signed by resident electors of said county, equal in number to three-fifths of all the votes cast in said county at the last general election held therein, said petition shall contain, in addition to the names of the petitioners, the section, township, and range on which, or town or city in which the petitioners reside, their ages and time of residence in the county, it shall be the duty of such board of commissioners to forthwith call a special election in said county for the purpose of submitting to the qualified electors thereof the question of the re-location of the county seat. Notice of the time and the places of holding said election shall be given in the same manner, and said election shall be conducted in all respects the same as is provided by law relating to general elections for county purposes. The electors at said election shall designate on their ballots what city, town, or place they desire said county seat located at or in, and any place receiving three-fifths of all the votes cast shall become and remain, from and after the first day of the third month next succeeding such election, the county seat of said county. [1875, § 1, 159.]

SEC. 2. [Canvass of votes.]—If it shall appear upon the canvass of said votes that no one place has received three-fifths of all the votes cast, and if it shall further appear that three-fifths of all the votes cast have been cast in favor of places other than the one where said county seat is then located, it shall be the duty of said board of

ART. III. "An act to provide for the re-location of county seats." Law 1875, 159. Took effect Feb. 24, 1875. Act is constitutional. 17 Neb. 89.

SEC. 1. The notice should conform to the law. So where under the law then in force [Gen. Stat. sec. 8, 224] the electors were directed to "designate on their ballots the place of their choice for the county seat," a notice authorizing votes only "for removal of county seat: against removal of county seat," was held insufficient. 3 Neb. 252. Ballots describing accurately subdivision of land within limits of one of the contesting places should be counted for that place. 5 Neb. 145. Suthriency of petition on which call for election was made cannot be enquired into after election. 7 Neb. 359. Parties signing the petition are in attitude of plaintiffs and may withdraw their names before same is acted on by a county board. To authorize the cailing of the election the petition must contain requisite number of names. 10 Neb. 33; 21 Id. 577.-Although the notice of the election may be less than the statutory time (then 30 days, now 20 by sec. 12, chapter entitled "Elections," post), the election will not be declared void at the suit of one taking part therein, for that reason alone, especially where it is not shown that a different result would probably have been obtained if full statutory notice had been given. 7 Neb. 389. Mandamus does not lie to compel county commissioners to canvass vote. 8 Neb. 290; 21 Id. 578. And injunction does not lie to restrain county officers from removing their offices, on grounds which would have been available in a contest of the election. 15 Id. 304. Canvassers should not throw out vote because non-residents have voted, or votes are illegal. 8 Neb. 291. 11 Id. 106. Allegations of bribery of voters should be pleaded. 14 Neb. 508. Provision is now made by statute for contesting elections for removal of county seats. Sec. 64 et seq., chap. 26. But this remedy is not exclusive. 11 Neb. 104. Irregularities in election for location of county seat, not inquired into in collateral proceedings instituted fourteen years afterwards. 17 Neb. 618.

SEC. 2. If canvassers neglect or refuse to count all the votes and fully perform their duty, they may be compelled to mandamus. 5 Neb. 147. But they cannot go behind the returns. 10 Neb. 51, 59. 11 Neb. 104. Alterations of returns of election during transmittal to canvassing board; mandamus does not lie to compel board to canvass such return. 24 Neb. 509.

county commissioners to immediately call a special election in the same manner as provided in section one of this act.

SEC. 3. [Special election.]-At which election the electors of said county shall designate upon their ballots either the name of the place where the county seat is then located, or one of the two places, other than the said county seat, which received the largest number of votes cast at the special election first held, and in canvassing said votes no votes shall be counted except such as are cast for one of the three places before mentioned.

SEC. 4. [Re-location.]-If three-fifths of all said votes so to be counted shall be in favor of the re-location of such county seat at either of the places voted for, the place receiving three-fifths of such votes shall become and remain from and after the first day of the third month next succeeding said election the county seat of such county.

SEC. 5. [Further election.]-If it shall appear upon the canvass of said vote that no one place has received three-fifths of all the votes legally cast at said election, and if it shall further appear that less than two-fifths of all said votes have been cast in favor of the present county seat, said board of county commissioners shall, at the next general election held in such county, again submit to the electors thereof the question of the re-location of the county seat.

SEC. 6. [Subsequent election.]-If the present county seat received a less number of votes, at the second special election hereinbefore provided for, than either of the other places voted for thereat, then the electors shall designate on their ballots the name of one of the two places, other than said county seat, where they desire the county seat so located, and the one of said places receiving the largest number of votes shall be and become, from and after the first day of January following such election, the county seat of said county; but if at said election only one of the places voted for received more votes than the place where the county seat is then located, the electors of said county shall designate upon their ballots either the name of the place where the county seat is then located, or of the place which received the highest number of votes cast at the aforesaid special election, and in canvassing said votes no votes shall be counted except such as are cast for one of the two places before mentioned.

SEC. 7. [Final result.]-If three-fifths of all said votes so to be counted shall be in favor of the re-location of such county seat, the place so receiving three-fifths of all of said votes shall become and remain, from and after the first day of January next succeeding said election, the county seat of such county.

SEC. 8. [Question of re-location not again submitted.]-If at either of the elections in this act provided for, more than two-fifths of the votes cast shall be in favor of the place where the county seat is then located, the question of the relocation thereof shall not be again submitted for the space of two years from the date of said election, and in case the county seat shall be re-located as herein provided for, the question of the re-location thereof shall not be again submitted to the electors for of five years thereafter.

the space

SEC. 9. [Duties of county officers.]-When any such county seat shall have been re-located, it shall be the duty of county officers to forthwith remove their respective offices, and all county records, papers, and property in their offices or charge, to the place where said county seat shall have been re-located; and any county officer who shall refuse to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars, and a conviction of any such officer of such misdemeanor shall work a vacancy in his said office.

SEC. 10. [Repealed sec. 8, G. S. 229.]

SEC. 9. Cited 15 Neb. 304.

CHAPTER 18.-COUNTIES AND COUNTY OFFICERS.

ARTICLE I.-GENERAL PROVISIONS.

SECTION 1. [Boundaries.]—The boundaries of the several counties of this state shall remain as are established until the same be changed according to law. [1879, § 1, 353.]

SEC. 2. [Same.]-In all cases where any organized county lies adjacent to any boundary line of this state, and it shall appear that any island, territory, or tract of land lies between such county and the state boundary, and is not included within the defined boundaries of any organized county, and is not a military reservation of the United States, such unincluded island, territory, or tract of land shall attach to and be a part of such adjacent county for all purposes, until otherwise provided by law.

SEC. 3. [Change in channel of boundary stream.]-Where any county is bounded by the middle of the channel of any stream or water-course, and by reason of any change of such channel any island or tract of land shall be thrown to the other side of such bounding channel, after the original organization and establishment of the boundaries of any county, the old channel of the stream or water-course shall, for all county and state purposes, be deemed the channel thereof.

SEC. 4. [Transferring territory.]-When a majority of the legal voters, residing upon any territory, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have such territory transferred to such county, it shall be the duty of the several county boards so petitioned to submit the question at the next general election in said counties; Provided, That no such petition shall be granted until after the expiration of three years from last submission of the question. [Amended 1885, chap. 36; 1889, chap. 5.]

SEC. 5. [Notices of election.]-Notices of such election shall contain a de"cription of the territory proposed to be transferred, the names of the counties from and to which such transfer is intended to be made, and shall be posted with the other notices for general elections.

SEC. 6. [Ballots.]-The ballots used in the said elections may be in the following form, to wit: "For transferring territory," and "Against transferring territory," when, if a majority of the voters voting upon said question in the county from which aid territory is proposed to be taken, and a majority of the voters of the county to which the same is proposed to be transferred, shall be "For transferring territory," then the said territory shall be transferred to and become a part of the county to which it is proposed to transfer the same, on and after the first day of January succeeding such election, and shall be subject to all the laws, rules, and regulations thereof; Provided, That all assessments and collections of taxes, and judicial or other official proceedings commenced prior to said first day of January, shall be continued, prosecuted, and completed in the same manner as if no transfer had been made; And provided further, That all township or precinct officers within said transferred territory shall continue to hold their respective offices within the county to which they may be transferred, until tr respective terms of office expire.

SEC. 7. [Area of counties.]-No county shall be reduced under the provisions of this act to less contents than 400 square miles.

SEC. 8. [Adjustment of debts.]-No transferred territory under the provisions of this act shall be released from the payment of its proportion of the debts of

ART. I. "An act concerning counties and county officers." Laws 1879, 353. Took effect Sept. 1, 1879. Act is constitutional. 12 Neb. 386.

the county from which such territory is transferred; and such proportionate indebtedness from such transferred territory shall be collected by the county to which such territory is transferred, at an equal or greater rate than is levied and collected in the county from which such territory was transferred-such rate to be ascertained by the certificate of the county clerk of said last named county, and when so collected, to be paid over to the county entitled thereto. The territory so transferred shall not be taxed for the payment of any indebtedness of the county to which said territory is transferred, incurred previous to said transfer.

SEC. 9. [Unorganized territory.]-When any unorganized territory lies adjoining to and is not embraced within the boundaries of any county, and a majority of the inhabitants of said territory petition the commissioners of said adjoining county to be attached to the same, the county board of said county shall within sixty days order an election as provided for in sections 4, 5, and 6, of this act, and said territory shall be come attached to and be a part of said county by a majority vote of the same, and be subject in all other respects to the provisions of this act. [Amended 1885, chap. 36.]

SEC. 10. [New county.]-Whenever it is desired to form a new county out of one or more of the then existing counties, and a petition praying for the erection of such new county, stating and describing the territory proposed to be taken for such new county, together with the name of such proposed new county, signed by a majority of the legal voters residing in the territory to be stricken from such county or counties, shall be presented to the county board of each county to be affected by such division, and it appearing that such new county can be constitutionally formed, it shall be the duty of such county board or county boards to make an order providing for the submission of the question of the erection of such new county to a vote of the people of the counties to be affected, at the next succeeding general election of which the notice shall be given, the votes canvassed, and the returns made as in case of election of county officers, and the form of the ballot to be used in the determination of such question shall be as follows: "For new county," and "Against new county."

SEC. 11. [Elections.]-If it shall appear that three-fifths of all the votes cast at such election, in each of the counties interested, is in favor of the erection of such new county, the county clerk of each said counties shall certify the same to the secretary of state, stating in such certificate the name, territorial contents, and boundaries of such new county; whereupon the secretary of state shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county, at such time as he shall designate, and he may, when necessary, fix the place of holding election, notice of which shall be given in such manner as the governor shall direct. At such election the qualified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this state, and who shall continue in office until the next general election for such officers, and until their successors are elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this state. [Amended 1889, chap. 5.]

SEC. 12. [Officers.]-All the justices of the peace, constables, and other township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of said election, and whose residence shall be embraced within the limits of said new county, shall continue in office until their terms of office shall expire and until their successors shall be elected and qualified.

SEC. 13. [Canvass of votes.]-The votes for the county officers of said new county shall be canvassed, and returns made, by the county clerk or county clerks of the county or counties from which such new county was formed, as provided by law in other cases.

SEC. 10. Duty of county board where more than one new county is sought to be erected; propositions may be separately submitted at the same election. 24 Neb. 42. Conflicting propositions. 46 N. W. R. 618. SEC. 11. Commissioners continue in office till next general election. 26 Neb. 393.

SEC. 14. [Oath of office-Judicial district.]-The oath of office may be administered to the several county officers of such new county by any person authorized by law to administer oaths; and as soon as said county officers are duly qualified, the county shall be regarded as legally organized, and for judicial purposes shall be deemed and taken as belonging to the district in which said new county, or the greater part thereof, is embraced, and terms of the district court shall be held at such place in said new county as the county board thereof shall designate, until the county seat thereof shall be permanantly located. The times of holding such court shall be appointed by the judge thereof until otherwise provided by law.

SEC. 15. [Transfer of suits.]-The courts of any county or counties from which such new county is erected may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county to the proper court of such new county, or may transfer any suit and all papers and records pertaining thereto to such new county, when all the parties thereto are residents of such new county; but all judgments and other liens in the county or counties from which such new county was erected shall have the same effect as if no new county had been erected.

SEC. 16 [Division of property.]-All the property, both real and personal, and all the debts and liabilities, and choses in action of every kind belonging to the county or counties from which such new county was formed, shall be divided by the several county boards of the counties interested between the county or counties from which such new county is formed and the new county, in proportion t, the assessed value of property for the last preceding year, which has been taken from such original county or counties and carried to such new county; and if such board cannot agree upon such division, they may refer the matters of difference to arbitrators, or the rights to such property may be settled by a suit in the district court, brought by either party for that purpose. In case the said property cannot be divided or removed, the county receiving the same shall pay to the other a proportionate value for the same.

SEC. 17. [Records for new county.]-The county clerk of the new county shall transcribe in books prepared for that purpose, from the records of the county or counties from which the new county is formed, all deeds, mortgages, leases, and title papers of every description, with the certificate of acknowledgment thereto, and the date of filing the same for record, of lands lying in the new county, which were previously recorded in the county or counties from which the new county was formed; and said clerk shall be allowed by such new county such compensation as his services are reasonably worth. The clerk of such new county shall also prepare a numerical index of the lands and lots in such new county in the same manner as county clerks are by law directed to prepare and keep such index.

SEC. 18. [Duties of clerk.]-Said clerk shall note at the end of each paper he shall transcribe the book and page from which the same was transcribed, and shall make a correct double index of said records; and on the completion of his duties said clerk shall return said books to the county clerk of said new county, with his certificate tached thereto, showing that he has complied with the law; whereupon they shall be taken and considered to all intents and purposes as books of records of deeds, mortgages, and title papers for said new county. And copies of said record, certified by the officer having the custody of the same, shall be evidence in all courts and places, in the same manner that copies of records are evidence in other cases, and with like effect.

SEC. 19. [County seat.]-The county seat of such new county shall be fixed as provided by law for the fixing of county seats upon the organization of new counties.

COUNTY BOARDS.

SEC. 20. [Corporate names.]-Each county which has heretofore been or may hereafter be established in this state, according to the laws thereof, shall be a body politic and corporate, by the name and style of "The county of...........," and by that name may sue and be sued, plead and may be impleaded, defend and be defended against in