Изображения страниц

entitled to one representative. District No. 49 shall consist of the counties of Garfield, Greeley, Wheeler, Loup, and Blaine, and the unorganized territory west of Blaine, and be entitled to one representative. District No. 50 shall consist of the county of Holt, and be entitled to two representatives. District No. 51 shall consist of the county of Brown, and be entitled to one representative. District No. 52 shall consist of the counties of Cherry and Keya Paha, and be entitled to one representative. District No. 53 shall consist of the counties of Sheridan, Dawes, Box Butte, and Sioux, and be entitled to one representative. District No. 54 shall consist of the counties of Lincoln, Cheyenne, and Keith and the unorganized territory west of Logan, and be entitled to one representative. District No. 55 shall consist of the county of Valley, and he entitled to one representative. District No. 56 shall consist of the counties of Custer and Logan, and be entitled to two representatives. District No. 57 shall consist of the county of Sherman, and be entitled to one representative. District No. 58 shall consist of the county of Buffalo, and be entitled to two representatives. District No. 59 shall consist of the county of Dawson, and be entitled to one representative. District No. 60 shall consist of the county of Kearney, and be entitled to one representative. District No. 61 shall consist of the county of Franklin, and be entitled to one representative. District No. 62 shall consist of the county of Harlan, and be entitled to one representative. District No. 63 shall consist of the county of Phelps, and be entitled to one representative. District No. 64 shall consist of the county of Furnas, and be entitled to one representative. District No. 65 shall consist of the county of Red Willow, and be entitled to one representative. District No. 66 shall consist of the counties of Frontier and Gosper, and be entitled to one representative. District No. 67 shall consist of the counties of Hitchcock, Dundy, Hayes, and Chase, and be entitled to one representative.

SEC. 3. [Acts repealed.]—That section one (1), and two (2), of chapter five (5), of the compiled statutes of Nebraska are hereby repealed.


SEC. 3. [Division.]—That the state of Nebraska be and hereby is divided into six (6) districts of representation to the congress of the United States, each of which districts shall be entitled to elect one (1) representative. And the limits and designations shall be as hereafter provided.

[First district.] The counties of Cass, Otoe, Nemaha, Richardson, Pawnee, Johnson, and Lancaster shall constitute the first (1st) district.

[Second district.]-The counties of Sarpy, Douglas, and Washington shall constitute the second (2nd) district.

[Third district.]-The counties of Burt, Thurston, Dakota, Dixon, Cuming, Dodge, Colfax, Stanton, Wayne, Cedar, Knox, Pierce, Madison, Platte, Nance, Boone, Antelope, and Merrick shall constitute the third (3rd) district.

[Fourth district.]-The counties of Saunders, Butler, Seward, Saline, Gage, Jefferson, Thayer, Fillmore, York, Polk, and Hamilton shall constitute the fourth (4th) district.

[Fifth district.]-The counties of Hall, Adams, Webster, Franklin, Kearney, Phelps, Harlan, Gosper, Furnas, Red Willow, Frontier, Hitchcock, Hayes, Perkins, Chase, Dundy, Nuckolls, and Clay shall constitute the fifth (5th) district.

[Sixth district.]-The counties of Sioux, Scott's Bluffs, Banner, Kimball, Dawes, Box Butte, Cheyenne, Sheridan, Deuel, Cherry, Grant, Arthur, Keith, Lincoln, McPherson, Hooker, Thomas, Logan, Dawson, Custer, Blaine, Brown, Keya Paha, Rock, Loup, Holt, Garfield, Valley, Sherman, Buffalo, Howard, Greeley, and Wheeler, and Boyd shall constitute the sixth (6th) district. [1891, chap. 5. § 1.]

SEC. 4. [Repealed secs. 3, 4, 5, 6, chap. 5, Comp. Stat. Id. § 2.] SEC. 7. [Election.]-The representatives provided for in this act shall be elected in accordance with the laws of the United States. [1882, chap. 3.]

SECS. 3-4. "An act for the apportionment of and designation of congressional districts." 1891, Jchap. 5. Took effect Aug. 1, 1891.


SEC. 8. [Division-Fifteen districts-Number of judges-Election-Juries.]-The state of Nebraska shall be divided into fifteen judicial districts, as follows: First judicial district, Richardson, Nemaha, Johnson, Pawnee, and Gage, and Jefferson counties. Second district, Otoe and Cass counties. Third district, Lancaster county. Fourth district, Douglas, Sarpy, Washington, and Burt counties. Fifth district, Saunders, Seward, Butler, York, Hamilton, and Polk counties. Sixth district, Dodge, Colfax, Platte, Merrick, and Nance counties. Seventh district, Saline, Fillmore, Thayer, Nuckolls, and Clay counties. Eighth district, Cuming, Stanton, Dixon, Dakota, Cedar, and Thurston counties. Ninth district, Wayne, Madison, Antelope, Pierce, and Knox counties. Tenth district, Adams, Webster, Kearney, Franklin, Harlan, and Phelps counties. Eleventh district, Boone, Hall, Wheeler, Greeley, Garfield, Loup, Valley, Howard, Blaine, Thomas, Hooker, and Grant counties. Twelfth district, Buffalo, Dawson, Custer, and Sherman counties. Thirteenth district, Lincoln, Logan, Keith, Cheyenne, Deuel, Scott's Bluffs, Kimball, Banner, McPherson, and Arthur, and Perkins counties. Fourteenth district, Gosper, Furnas, Frontier, Red Willow, Hayes, Hitchcock, Chase, and Dundy counties. Fifteenth district, Holt, Rock, Brown, Keya Paha, Cherry, Sheridan, Dawes, Sioux, Box Butte, and the unorganized territory; Provided, That in the fourth district there shall be seven judges of the district court; that in each of the following districts, to-wit: First (1st), fifth (5th), sixth (6th), eleventh (11th), and fifteenth (15th) districts there shall be two (2) judges of the district court; that in the third (3rd) district there shall be three (3) judges of the district court, and in each of the other of the said districts there shall be one (1) judge of the district court. All judges shall be elected for the term of, and hold their office for, four (4) years from and after the first (1st) day of January next succeeding their election. The said judges shall be elected at the general election to be held in November, A.D. 1891, and every four (4) years thereafter. Such judges shall have equal power, and shall each perform such duties as are now provided for by law, or such as may hereafter be imposed upon them by 'aw, and it shall be the duty of such judges to 30 divide and arrange the work of said court between them that the trial of causes may be speedy. In each district having more than one (1) judge of the district court, there shall be drawn in the manner now provided by law a panel of forty-eight (48) jurors to serve as jurors in such court; Provided. That in any county in such districts where such number of jurors may not be required the judges may by appropriate rule provide for the drawing of a less number; And Provided further, When there shall be more than two (2) judges of the district court in any one district, they may provide by appropriate rule for the drawing of a greater number of jurors. [1891, chap. 6, §1].

SEC. 9. [Judges in office.]-The judges now in office shall hold their positions and perform the duties of their office in the districts hereby created, in which they may reside, until the expiration of the terms for which they were elected. [Id. § 2.]

SEC. 10. [Appointment by governor.]-The governor shall appoint judges to fill all vacancies created by this act, including the additional judges as provided in section one of this act, who shall hold their office until the next general election when such vacancies shall be filled by election in same manner as such officer is elected in other districts. [Id. § 3.]

SECS. 8-10. An act to apportion the state into judicial districts, and for the appointment and election of officers thereof." Took effect March 30, 1891. Laws 1891, chap. 6.

SEC. 8. Legislature possesses power to increase number of judges. 18 Neb., 417.


SECTION 1. [Validity.]-That no voluntary assignment for the benefit of creditors hereafter made shall be valid unless the same shall be made in conformity to the terms of this act. [1883, chap. VII.]

SEC. 2. [All property included.]—Every such assignment shall be of all the property, real and personal, of the assignor or assignors therein named, wherever situated, except so much thereof as may be exempt from levy and sale on execution under the general laws of the state.

SEC. 3. [Description of realty.]—Real estate so assigned shall be described in the deed of assignment in such manner as would be requisite in an ordinary deed of conveyance thereof, and real estate claimed to be exempt shall be expressly excepted by like description.

SEC. 4. Exempt property.]-Personal property claimed to be exempt shall be separately specified and described as such in the inventory of the assignor or assignors hereinafter required to be made.

SEC. 5. [Assignee.]—In every such assignment the sheriff and his successor in office of the county in which the assignor resides, or if there be two assignors, in which one of them resides, or if there be more than two assignors in which two or more of them reside, shall be named as assignee.

SEC. 6.

[Execution-Acknowledgment-Record.]-Such assignment

shall be in writing, and shall be executed and acknowledged in the manner in which a conveyance of real estate is or shall be required to be executed and acknowledged, in order to entitle the same to be recorded. And within twenty-four hours after its execution it shall be filed for record in the clerk's office of the county in which the assignee resides. If it shall convey real estate it shall be recorded in the deed record, and entered upon the numerical index in said office, otherwise it shall be recorded in the miscellaneous record. Within thirty days after its execution it shall be filed for record in every other county in this state in which there shall be situate real property conveyed therein, and such assignment shall be recorded in each such county in the manner aforesaid.


NOTE." Au act regulating voluntary assignments for the benefit of creditors, proceedings thereunder, and to prevent the fraudulent violation of the same." ." Took effect June 1, 1883. DECISIONS.-Assignee represents assignor, not creditors. 13 Neb., 300. (Overruling dicta in 12 Neb., 167, that "assignee is trustee for creditors.") Assignee cannot interpose fraud of assignor in order to defeat prior sale. 13 Neb., 302. Mortgagee not competent witness in action between heirs and assignee of deceased. Id., 300. Assignor cannot maintain injunction against attachment creditor; nor can assignee come in of his own motion as defendant. 14 Neb., 427. Proceedings under control of court. 9 Neb.. 46. Under law of foreign state, no bar to action here. 10 Neb.. 220. Resident of foreign state claiming benefit of assignment made there cannot maintain attachment here. 12 Neb., 121. If valid; property not subject to attachment. 7 Neb., 283. Possession by assignor evidence of frand. Id., 433. Surplus of goods may be returned to assignor. Id. Assignee may re-purchase goods sold for his own use and benefit. 12 Neb., 24. Debtor may prefer bona fide demand of creditor. Id., 25. 19 Neb., 48. 22 Neb., 526. 24 Neb., 373. Law does not prevent debtor, though in failing circumstances, from prefer ring creditor by separate and independent conveyance unconnected with the transaction of making the assignment, even though preferred creditor be the assignee namel in the assignment subsequently made. 15 Neb.. 535. 17 Neo., 276. 19 Neb., 4, 66. 22 Neb., 157. Partnership may prefer creditors. 20 Neb,, 54. One of two partners, with the consent of the other, may make; partner absconding, consent implied. 15 Neb., 481. Partner may give preference to his own creditor. 15 Neb., 307. Subsequent fraudulent act of assignor will not vitiate; possession of assigned estate, how forfeited. 15 Neb., 481. Fraudulent; creditor may set aside; petition should allege that assignment was made "with the intent" to hinder, delay, etc. 7 Neb., 432. Deed not admissible in evidence when Creditor asks for personal judgment. 10 Neb., 220. Deeds must be executed and acknowledged. Id., 514. Should be recorded in miscellaneous record. Id. 12 Neb., 163. Provision that assignee may "compromise choses in action" applicable only to doubtful claims. 9 Neb., 45. Failure to describe property specifically; objection that exempt property is excepted; and reservation for benefit of assignor do not render assignmet void on its face. Id. Contract to buy up claims, and accept assigned estate in satisfaction, action against assignors to recover balance due upon claims at their face value not maintainable. 13 Neb., 242. Remedy against assignee, failing to execute trust. 9 Neb., 357. Intention of a signors to defrand. 12 Neb., 169. The word "execution in sec. 6, Held, To include delivery of assignment and surrender of control over it. 19 Neb., 355. Assignee may maintain uction to set aside sale of real estate under attachment levied after the execution and delivery of the deed of assignment where such sale would impair or defeat his title as assignee. 18 Neb., 483. Insolvent firm; sale to partner fraudulent. 18 Neb., 573. Validity of assignment question for jury. Id. Instrument purporting to be a chattel mortgage, examined and Held, To be an assignment; and not being made in conformity to statute, Held, Void as against creditors. 20 Neb., 575. 22 Neb., 495. Assignor on witness stand may be asked whether he intended to delay or defraud creditors. 22 Neb., 598. Creditor may present claim after time limited. 47 N. W. K.

failure to file such assignment for record within the time aforesaid in any county in which by the terms of this section it is required to be recorded, shall avoid such assignment as to property situate in such county; and if a failure so to file shall be due to the negligence or misconduct of any assignee appointed under the provisions of this act, such assignee shall be liable to the creditors for the value of all property as to which such assignment shall be so avoided, and may be required to account for the same in all respects as in case of other assigned property, or by any other appropriate remedy.

SEC. 7. [Duties of sheriff.]-Immediately upon the execution and delivery on any such assignment, the sheriff shall take possession of all the assigned estate, and preserve, insure, and safely keep the same for administration according to law, and the sheriff and his sureties shall be liable, upon his official bond, for the faithful execution of the trust created by such assignment, for the preservation of such assigned estate, and for the accounting for and paying over of all moneys derived therefrom. He shall, under order of the county judge, inspect the assigned estate, and take all necessary steps to sell or properly dispose of any and all perishable goods or property of said estate.

SEC. 8. [Inventory.]—Within ten days after such assignment is made the assignor or assignors executing the same shall make and file in the county judge's office of the county in which the assignee named therein resides, to be recorded in a book to be provided for that purpose, an inventory verified by the affidavit of the person or persons making the same, that the same is in all respects full, true, and accurate according to the best of their knowledge and belief, and showing: First. All the creditors of the assignor or assignors. Second. The place of residence of each creditor, if known to the assignor or assignors, and if not known, that fact must be stated. Third. The sum owing to each creditor, and the nature of each debt or liability, whether arising on written security, account, or otherwise. Fourth. The true consideration of the liability in each case, and when and the place where it arose, and whether there has been any renewal or new promise in relation thereto. Figth. Every existing mortgage, judgment, or other security for the payment of any debt or liability of the assignor or assignors. Sirth. All property of the assignor or assignors at the date of the assignment which is exempt by law from execution. Seventh. All of the assignor's property at the date of the assignment, both real and personal, of every kind, and wherever situated, not so exempt, and the encumbrances existing thereon, and all vouchers and securities relating thereto, and the value of such property in detail according to the best of the assignor's knowledge.

SEC. 9. [Meeting of creditors.]-It shall be the duty of the county judge, immediately upon the receipt of such inventory, to fix a day, not more than fifteen days thereafter, for a meeting of the creditors of such assignor or assignors at his office for the purpose of choosing an assignee to succeed the sheriff in such trust, and he shall immediately make advertisement of the time and place of such meeting by publication in some newspaper published or of general circulation in such county, and also shall, within two days after the first publication thereof, send a copy of such notice to each creditor mentioned in said inventory, addressed to his place of residence therein named, with postage prepaid. No informality or neglect with reference to such notice shall invalidate any action taken pursuant thereto or to such order. The certificate of the County judge that he has given such notice shall be sufficient evidence thereof.

SEC. 10. [Same-Proceedings.]-At the time and place fixed in such order, the creditors, or so many of them as shall be present in person or by proxy, may proceed by ballot to choose an assignee to succeed the sheriff, and the sheriff shall be eligible. At such election each creditor shall be entitled to cast one vote, but no person shall be regarded as chosen unless he shall receive the votes of creditors representing a majority of the gross indebtedness, and shall also have been voted for by one-third of all the creditors; nor shall any creditor be permitted to vote upon any claim against the assignor or assignors unless the same shall be verified by the affidavit of the creditor to be just and reasonable and wholly unpaid to the extent claimed, setting forth the

true consideration thereof and that the same is not, to the best of said affiant's knowledge and belief, subject to any legal or equitable recoupment, counterclaim, or set off, which, if allowed, would reduce the debt below the amount claimed.

SEC. 11. [Adjourned meeting.]-Such meeting of the creditors may be adjourned from day to day not exceeding three days, and should there be a failure to choose an assignee as provided in the preceding section, the sheriff and his successor or successors in office respectively shall remain the assignee of the estate.

SEC. 12. [Inventory-Appraisement.]—Immediately upon the adjournment of such meeting the sheriff and the assignee, if any chosen thereat, shall proceed. to make and return to the county court an inventory and appraisement of the entire estate assigned, in the manner provided by law for the appraisal of property taken on attachment issued out of the district court.

SEC. 13. [Bond of assignee.]—Within forty-eight hours after such inventory shall be returned and filed, the assignee shall enter into an undertaking in double the amount of the appraised value of the whole estate, with two or more sureties to the satisfaction and approval of the county judge, conditioned for the faithful discharge of his duties as such assignee. If the assignee fail to give the undertaking within the time aforesaid his elec tion shall become null, and the estate shall be administered as though no election had been had.

SEC. 14. [Same-Record.]—The bond of the assignee shall be recorded in the office of the county clerk, and the record thereof shall have the same force as the record of other official bonds.

SEC. 15. [Property delivered to assignee.]-Immediately on the execu tion and approval of such bond the sheriff shall deliver all the personal property belonging to such estate to such assignee, and shall execute and deliver to such assignee, as such, a deed of quit claim of all real estate conveyed by such assignment.

SEC. 16. [Claims.]-Upon the day of the meeting of the creditors the county judge shall fix a day, not more than sixty nor less than thirty days thereafter, within which all claims against the assigned estate shall be filed, and within which the assignee or assignor or any creditor may file any objection, defense, set off, or counter claim to any claim which the assignor might or could have opposed to the same had action been brought upon the same before assignment. Notice of the time so fixed shall be given in the manner hereinbefore provided for notice of the first meeting of the creditAny claim, objection, set off, or counter claim not filed on or before the date so named shall be forever barred from being considered in the settlement of said estate or participating in any dividend therein.


SEC. 17. [Same-Trial.]—On the day following the day fixed under the provisions of the preceding section all uncontested claims shall by the county judge be allowed and entered of record, with the amounts thereof, in a book to be provided and kept for that purpose. Upon all contested claims the county judge shall order pleadings, as nearly as practicable like those in ordinary civil actions in said court, to be summarily made up, and thereupon said cause shall proceed in said court as in ordinary civil actions therein, but no such cause shall be continued for a longer time in the aggregatethan sixty days from the day so fixed.

SEC. 18. [Same-Judgment.]-Judgment in said action shall be that such claim or some amount thereof be allowed, or that the same be disallowed, or that theassignee have and recover from the person making the claim a certain amount. If the claim shall be allowed judgment for ost shall be adjudged against the party or parties contesting the same. If the claim be allowed in part only, the court adjudicating the same shall apportion the costs or adjudge them as may be just. If the claim be wholly disallowed, or the assignee recover judgment, costs shall be adjudged against the claimant, but in no case shall the costs be paid out of the assigned estate except as in this act. otherwise provided. In such cause the claimant shall be named as plaintiff, and the contestant or contestants as defendant. Judgment in favor of the assignee or for costs shall

[ocr errors]
« ПредыдущаяПродолжить »