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claim an adverse estate or interest therein, for the purpose of determining such estate or interest, and quieting the title to said real estate. [G S. § 1, 882.]

SEC. 58. [Pleadings - Procedure.]-All such pleadings and proofs and subsequent proceedings shall be had in such action now pending or hereafter brought, as may be necessary to fully settle and determine the question of title between the parties to said real estate, and to decree the title to the same, or any part thereof, to the party entitled thereto; and the court may issue the appropriate order to carry suchdecree, judgment, or order into effect. [Id. § 2.]

SEC. 59. [Reversioners.]-Any person or persons having an interest in remainders or reversion in real estate shall be entitled to all the rights and benefits of this act. [Id. § 3.]

SEC. 60. [Costs.]-If the defendent or any one of several defendants shall appear and disclaim all title and interest adverse to the plaintiff, such defendant shall recover his costs. In other cases the costs shall abide the final decree, judgment, or order in

the action. [Id. § 4.]

SEC. 61. [Application of act-Heirs.]-The provisions of this act shall not in any respect apply to the settlement, partition, or division of real estate among the heirs of a decedent, where the same is provided for by the intestate laws of this state. [Id. § 5.]

SEC. 62. [Record of entry on United States lands.]-Whenever any person referred to in the third section of the act of congress entitled "An act to provide for the location of certain confirmed land claims in the state of Missouri, and for other purposes," approved June 21, 1828 (11 Statutes at Large, 294 and 295), has had a private land claim which has not been located and satisfied, has died before making the entry therein authorized of public land, and his right so to do has been sold by order of the probate court of the county and state of his residence, and the entry of public lands in this state has been made by the purchaser or his grantee, and letters patent of the United States have issued to the original claimant or his legal representative, it shall be competent for the owner of the land under the patentee to cause to be recorded in the book of deeds in the office of the county clerk of the county in which the land is situate, a copy of the proceedings of the said probate court upon which the right of the original claimant was sold as aforesaid, together with the proceedings of the several officers on said sale, which copy shall be duly certified by the clerk of said court or of any court which has succeeded to the jurisdiction of said probate court, and in which the records of said probate court are by law deposited, and the record so made in the county clerk's office shall be taken and held by all courts of this state as evidence of the transfer of the right to make such entry in the land office, and of the title of the purchaser at said probate sale, and his grantees under the said sale to the lands patented as aforesaid, and a copy of the said record in the county clerk's office, certified by that officer, may be read in evidence with the like force and effect as the original papers. [1885, chap. 66.]

SEC. 63. [Repealed Laws 1889, chap. 58.]

SEC. 64. [Repealed Laws 1889, chap. 58.j

SEC. 65. [Compiling abstracts of title-Bond.]—It shall be unlawful for any person or persons to engage in the business of compiling abstracts of titles to real estate in the state of Nebraska and demand and receive pay for the same without first filing in the office of the county judge of the county in which such business is conducted, a bond to the state of Nebraska in the penal sum of ten thousand dollars ($10,000), with not less than three sureties, residents of the county, to be approved by

SEC. 62. "An act entitled 'An act to provide for the record of certain papers and documents in the county clerk's office, and to make the same evidence.'" Passed and took effect March 5, 1885. SECS. 65-69. "An act to provide security to the public against errors, omissions, and defects in abstracts of title to real estate and for the use of abstracts in evidence. Laws 1887, Chap. 64. Took effect July 1, 1887.

such county judge, conditioned for the payment by such abstracters of any and all damages that may accrue to any party or parties by reason of any error, deficiency, or mistake in any abstract or certificate of title made and issued by such person or persons. [1887, chap. 64.]

SEC. 66. [Same-Certificate.]-When any abstracter shall have duly filed his bond as above provided, he shall be entitled to receive a certificate from such county judge that said bond has been by him duly approved and filed for record, which certificate shall be valid so long as such abstracter shall maintain his surety upon the bonds as herein provided for, unimpaired, and the possession of such valid certificate, at the date of issuance of any abstract, shall entitle such abstract of title to real estate, certified to and issued by such abstractor, to be received in all courts as prima facie evidence of the existence of the record of deeds, mortgages, and other instruments, conveyances, or liens affecting the real estate mentioned in such abstract, and that such record is as described in said abstract of title. [Id. § 2.]

SEC. 67. [Abstract as evidence.]—Any party to a civil action who may desire to use in evidence at the trial thereof any abstract of title to real estate as herein provided, shall furnish to the opposing party or his attorney a copy of such abstract at least three days before the trial of said action, and in case such real estate be not in the county where such trial is to take place, then such copy shall be so furnished to the opposing party or his attorney, to allow a sufficient number of days, such opposing party to proceed by the usual route of travel to the county seat of the county where such real estate may be situated and return to the place of trial, in addition to the three days for preparation above provided for. [Id. § 3.]

SEC. 68. [Bond-Additional security.]--The bond herein provided for may run during the continuance of said person or persons in said abstract business not to exceed five years, and the county judge of the county where the bond herein provided for may be filed, may at any time, upon complaint of any owner of real estate in his county, require such abstracter upon ten days notice to give additional security upon said bond, and show cause why the same should not be declared invalid and the certificate thereof recalled and annulled; and if within such time the additional security to be approved by said county judge be not furnished, and no sufficient reason be shown to the judge why the same should not be required, then said bond shall be declared invalid, and the certificate thereof recalled and annulled. [Id. § 4.]

SEC. 69. [Appeal.]-The abstractor or complainant may have an appeal to the district court from such decision of the judge by preserving the evidence taken at the hearing, which shall be certified up by such judge and such appeal shall be summarily decided by the court upon such evidence, and the cost of such appeal including the furnishing of said evidence shall be adjudged against the defeated party. [Id. § 5.]

SEC. 70. [Title of non-resident aliens and foreign corporations.] -Non-resident aliens and corporations not incorporated under the laws of the state of Nebraska, are hereby prohibited from acquiring title to or taking or holding any lands or real estate in this state by descent, devise, purchase, or otherwise, only as hereinafter provided, except that the widow and heirs of aliens who have heretofore acquired lands in this state under the laws thereof, may hold such lands by devise or descent for a period of ten (10) years and no longer, and if at the end of such time herein limited, such lands, so acquired, have not been sold to a bona fide purchaser for value, or such alien heirs have not become residents of this state, such lands shall revert and escheat to the state of Nebraska, and it shall be the duty of the county attorney in the counties where such lands are situated, to enforce forfeitures of all such lands as provided by this act. [1889, chap. 58.]

SEC. 71. [Escheat-Forfeiture-Proceedings.]—Whenever any such

SECS. 70-73. "An act restricting non-resident aliens and corporations not incorporated under the laws of Nebraska, in their right to acquire and hold real estate, and to repeal sections fifty-four (54), sixty-three (63), and sixty-four (64), of chapter seventy-three (73), of the compiled statutes 1887, and all acts and parts of acts in condict with this act." Passed and took effect March 16, 1889. Laws 1889, chap. 58.

SEC. 70. Title can be questioned by state. 28 Neb. 673.

lands shall revert and escheat to the state of Nebraska, as provided in this act, it shall be the duty of the county attorney of the county in which such lands are situated, to proceed against such alien in the district court of the county where the land is situated, for the purpose of having such forfeiture declared. Service of summons may be had upon the non-resident alien defendants by publication as provided in the statutes of Nebraska for the service of summons by publication in cases of foreclosure of mortgages, and the court shall have power to hear and determine the questions presented in such cases and to declare such lands escheated to the state; and when such forfeiture shall be declared by the district court, it shall be the duty of the clerk of the court to notify the governor of the state that the title to such lands is vested in the state by the decree of the said court; and the clerk of the court shall present the auditor of public accounts with the bill of costs incurred by the county in prosecuting such case, who shall issue a warrant to the clerk of the court on the state treasury to repay the county for such costs incurred. The heirs or persons who would have been entitled to such lands, shall be paid by the state of Nebraska the full value thereof, as ascertained by appraisement upon the oaths of the judge, treasurer, and clerk of the county where such lands lie, and such lands shall then become subject to the law, and shall be disposed of as other lands belonging to the state; Provided, That the expense of the appraisement shall be deducted from the appraised value of the land. [Id. § 2.]

SEC. 72. [Rights of living non-resident aliens.]-Any non-resident alien who owns land in this state at the time this act takes effect, may dispose of the same during his life to bona fide purchasers for value, and may take security for the purchase money with the same rights as to securities as a citizen of the United States. [Id. § 3.]

SEC. 73. [Rights preserved.]-This act shall not, nor shall anything in the statutes of Nebraska, prevent the holders, whether non-resident aliens or corporations not organized under the laws of the state of Nebraska, of liens upon real estate or any interest therein, whether heretofore or hereafter acquired, from holding or taking a valid title to the real estate subject to such liens, nor shall it prevent any such alien or corporation from enforcing any lien or judgment for any debt or liability now existing, or which may hereafter he created, nor from becoming a purchaser at any sale made for the purpose of collecting or enforcing the collection of such debt or judgment; Provided, however, That all lands so acquired shall be sold within ten (10) years after the title thereto shall be perfected in such non-resident alien or foreign corporation, and in default of such sale within such time, such real estate shall revert and escheat to the state of Nebraska, as provided in this act; Provided, further, That the provisions of this act shall not apply to the real estate necessary for the construction and operation of railroads; And, provided, further, That nothing in this act shall be construed to prohibit any non-resident alien or foreign corporation from purchasing and acquiring title to somuch real estate as shall be necessary for the purpose of erecting and maintaining manufacturing establishments; And provided further, That the provisions of this act shall not apply to any real estate lying within the corporate limits of cities and towns. [Id.. $ 4.1

CHAPTER 74.-RECORDS.

SECTION 1. [Public records-Examination.]—All citizens of this state, and all other persons interested in the examination of the public records, are hereby fully empowered and authorized to examine the same, free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business. [R. S. 297. G. S. 883.]

CHAP. 74. Being Chap. XLIV, R. S. 297. grapher's report of trial is a public record.

Chap. 62, G. S. Fee book is a public record.
19 Neb. 347. Numerical index is a public record.

19 Neb. 107.
17 Neb. 175.

Steno

CHAPTER 75.-REFORM SCHOOL.

SECTION 1. [Title-Location.]-That "the state industrial school for juvenile offenders," located near Kearney, in the county of Buffalo, is hereby recognized and continued as a school for the retention, education, discipline, industrial training, and reformation of juvenile offenders. [1887, chap. 74.]

SEC. 2. [Officers.]—The board of public lands and buildings shall have power to appoint a superintendent, an assistant superintendent, a matron, and such other officers as in their judgment the wants of the institution may require, and to remove them for sufficient cause, such as incompetency, malfeasance in office, immorality, or neglect of duty. They shall also have power to prescribe the duties of said officers and to determine the salaries to be paid them.

SEC. 3. [Instruction.]-The boys and girls committed to the school shall be instructed in the principles of morality and in such useful branches of knowledge as are taught in the public schools of the state. They shall also be instructed in the principles of the mechanical arts and such practical trades as are best suited to their age, strength, and capacity, and best adapted to secure them a livelihood after leaving the school.

SEC. 4. [Superintendent-Duties.]-The superintendent shall have the control and the management of the school, subject, however, to the rules and regulations established by the board. At the close,of each month he shall present to said board a written report showing the general condition of the school, the number of inmates in attendance, the number of commitments and tickets of leave granted, and such other information, together with such suggestions and recommendations as may subserve the best interests of the school. He shall have charge of all the property belonging to the institution, and shall keep an account of all monthly expenditures, which expenditures shall be certified to the board with the monthly report. He shall have power to appoint employes to fill such positions as the board may determine, and shall keep a register showing the social condition of each inmate at the time of commital.

SEC. 5. [Authority of court.]—When a girl or boy of sane mind under the age of eighteen years shall, in any court of record in this state, be found guilty of any crime except murder or manslaughter, committed under the age of sixteen years, or who, for want of proper parental care, is growing up in mendicancy and vagrancy, or is incorrigible, and complaint thereof is made and properly sustained, the court may, if in its opinion the accused is a proper subject therefor, instead of entering judgment, cause an order to be entered that said boy or girl be sent to the state industrial school, in pursuance of the provisions of this act, and a copy of said order, under the seal of said court, shall be sufficient warrant for carrying said boy or girl to the school, and for his or her committment to the custody of the superintendent thereof.

CHAP. 75. As amended, Laws 1887, Chap. 74. Took effect March 31, 1887. The title of this chapter of the laws of 1887, reads as follows: "An act to amend section one (1) of an act approved February 27, 1879, entitled 'An act to locate the Nebraska State Reform School for juvenile offenders' and to amend chapter seventy-five (75) of the Compiled Statutes of Nebraska. entitled 'Reform schools' and to repeal said original section.' There are two sections numbered 1, of this chapter. The first reads as follows:

SECTION 1. That section one of an act approved February 27, 1879, entitled "An act to locate the Nebraska State Reform School for juvenile offenders, and to create a Reform School fund for the purpose of defraying the expenses of said institution," be and the same is hereby amended to read as follows:

SEC. I. There shall be established in the state an institution under the name and style of the "Nebraska State Industrial School for juvenile offenders," also that chapter seventy-five of the Compiled Statutes of Nebras ka, entitled "Reform Schools," be and the same is hereby amended to read as follows: (Then follow the amend ments to chapter seventy-five as herein printed.)

It was, evidently, the intention of the Legislature to change the title of this school, so that it might be called "An Industrial school instead of "Reform School, but inasmuch as the first section of the act seeks to amend the first section of a prior act passed in 1879, which was repealed by an act passed in 1881, [Laws 1881, chap. 69.] it would seem that the attempted legislation relative to the title of said school, had not been perfected by the act of 1887.

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