« ПредыдущаяПродолжить »
his control, his bond shall not be approved until he has produced and fully accoun for such funds and property; and when it is ascertained that the incumbent of an of holds over by reason of the non-election or non-appointment of a successor, or of neglect or refusal of the successor to qualify, he shall qualify anew within ten days fr the time at which his successor, if elected, should have qualified.
SEC. 18. [Sureties.]-No person shall be surety for the same officer for more th two successive terms of the same office.
SEC. 19. [Penalties in bonds.]-The following named officers shall bonds with penalties of the following amounts, to wit: The governor $50,000. T lieutenant-governor $50,000. The auditor of public accounts $50,000. The secreta of state $50,000. The attorney general $50,000. The commissioner of public lan and buildings $50,000. The state treasurer not less than $600,000 and not less th double the amount of money that may come into his hands to be fixed by the govern The superintendent of public instruction $50,000. The reporter of the supreme cou $10,000. The private secretary of the governor $10,000. The deputy auditor $10,00 The deputy secretary of state $10,000. The deputy state treasurer $50,000. The de uty commissioner of public lands and buildings $10,000. The state librarian $10,00 The warden of the penitentiary $10,000. The deputy warden $5,000. The superi tendent of the insane hospital $10,000. The assistant superintendent $5,000. T steward $5,000. The principal of the blind asylum $10,000. The principal of th deaf and dumb asylum $10,000. The superintendent of the reform school $10,00 The secretary of the board of regents of the state university $10,000. Each clerk ( the district court not less than $5,000 or more than $10,000 to be determined by th county board. Each district attorney $5,000. Each county clerk not less than $5,00 or more than $10,000 to be determined by the county board. Each county treasure not less than $10,000 and not less than double the amount of money that may come int his hands, to be fixed by the county board. Each county judge in counties having le than 6,000 inhabitants $5,000, over 6,000 and less than 20,000 inhabitants $10,000 over 20,000 inhabitants $50,000. Each sheriff in counties of less than 6,000 inhab tants $5,000 and over 6,000 inhabitants $10,000. Each county superintendent of pu lic instruction $3,000. Each county surveyor $500. Each county commissioner or su pervisor when the population does not exceed 10,000, $5,000, when the populatio does not exceed 15,000, $10,000, when the population exceeds 20,000, $15,000. Eac county coroner $5,000. Each constable $1,000. Each justice of the peace 850 Each township clerk $500. Each township treasurer $5,000. Each assessor $50 Each school district treasurer $500 or not less than double the amount that may con into his hands, the amount to be fixed by the director and moderator of the distric Each notary public $2,000. Each road overseer $500.
SEC. 20. [Officers not mentioned-Deputies.]-Officers not enume ated in the preceding section, and who are or may be required to give bonds, sha give the same in such penalty as may be provided by law or fixed by the board officers empowered to fix the same. Deputies shall, except as otherwise specially pr vided, give bonds in the same manner and for the same sum as their principals.
SEC. 21. [Responsibility of officers.]—Any officer or person who is i trusted with funds belonging to the state or any county thereof, which may come int his possession by any appropriation or otherwise, shall be responsible for the same upo his bond, and when any officer or person is intrusted with any such funds, and there no provision of law requiring him to give a bond in a certain specified sum, he sha give bond in double the amount of the sum so intrusted to him, which in case of sta funds, shall be approved by the chief justice of the supreme court, and deposited in th office of the secretary of state; and in case of county funds, such bond shall be a proved by the county commissioners and deposited in the county clerk's office. warrant shall be issued, or money paid over to such officer or person until said bond filed as herein provided. The county commissioners of any one of the counties of th
state may require the county treasurer to give additional freehold sureties whenever in the opinion of a majority of law [said] commissioners the existing security shall become sufficient, and said commissioners are hereby also authorized and empowered to demand and receive from said county treasurer an additional bond as required by law, with good and sufficient freehold security in such sum as said commissioners or a major ty of them may direct, whenever in their opinion more money shall have passed or is about to pass into the hands of said treasurer than is or would be recovered by the penalty in the previous bond, and if any county treasurer shall fail or refuse to give such additional security or bond for and during the time of ten days from and after the day on which said commissioners shall have required said treasurer so to do his office shall be considered vacant, and another treasurer shall be appointed agreeable to the provistons of law.
SEC. 22. [Act applies to receivers, etc.]-The provisions of this act, except as otherwise provided by law, apply to the bonds of receivers, executors, administrators, and guardians.
SEC. 23. [Acts repealed]-"An act concerning official bonds and oaths," approved February 19, 1873; sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, chapter 5 Revised Statutes of 1866, entitled "Bonds;" sections 3 and 4, chapter 37, Revised Statutes of 1866, sections one and two of "An act to define the duties of secretary of state," approved February 15, 1877; sections 9 and 10 of "An act to provide for the election of an attorney general," approved February 15, 1869; section 1 of "An act defining the duties of the commissioners of public lands and buildings," approved February 19, 1877; "An act to amend section 8, chapter 5, of the Revised Statutes," approved February 15, 1869; section 89 of "An act to establish a system of public instruction for the state of Nebraska," approved February 15, 1569; section 9 of "An act regulating the state library," approved March 3, 1871; section 8 of "An act to provide for the election of district attorneys and to define their duties," approved June 11, 1867; section 36 of "An act concerning the organization, powers, and jurisdiction of probate courts," approved March 3, 1873; section 15 of An act for the government of the hospital for the insane," approved March 3, 1873; section 30 of "An act to provide for the erection of a penitentiary, and for the care and custody of state convicts," approved March 4, 1870; section 10 of "An act to erect and maintain an institution for the blind," approved February 19, 1875; and all acts and parts of acts inconsistent herewith are hereby repealed; Provided, That such repeal shall not operate as a release of any officer or his sureties from liability incurred on any official bond heretofore given by him.
SEC. 24. [Act applies to those in office.]-The provisions of this act shali apply to all officers now holding office, except that such officers shall not be required to qualify anew or file new bonds. And the principal and sureties on any bond heretofore given, and otherwise regular and valid, shall be liable for any breach of the conditions. of such bond, although there were no provisions of law requiring the execution of a hond by such principal, or affixing a penalty therein.
CHAPTER 11.-CENSUS.* .
*CRAP. 11. "An act to provide for the taking of a census, and to define the powers, duties, and liabilities of officers, citizens, companies, and corporations in relation thereto." Passed and took effect Feb. 19, 1885, being pp. 110-113 of the compilation of 1889, being obsolete is omitted from this edition.
CHAPTER 12.-CHATTEL MORTGAGES.
SECTION 1. [Foreclosure.]—Every mortgage of personal property containin and giving to the mortgagee or any other person a power to sell the property describe therein, upon default being made in any condition of such mortgage, may be foreclose in the cases and in the manner hereinafter specified. [1867, 12th Sess. Ter. § 1, 9.0 S. 481.]
SEC. 2. [Requisites.]—To entitle any person to foreclose a chattel mortgage a hereinafter prescribed, it shall be requisite, 1. That some default in a condition of suc mortgage shall have occurred, by which the power to sell became operative. 2. That no suit or proceeding shall have been instituted at law to recover the debt then remain ing secured by such mortgage or any part thereof, or if any suit or proceeding ha been instituted that the same has been discontinued, or that an execution upon th judgment rendered thereon, has been returned unsatisfied, in whole or in part, and a That such mortgage, containing the power of sale, has been duly recorded.
SEC. 3. [Notice of sale.]-Notice that such mortgage will be foreclosed by sale of the mortgaged property, or some part thereof, shall be given as follows: by ad vertisement published in some newspaper printed in the county in which such sale is t take place, or in case no newspapers are printed therein, by posting up notices in a least five public places in said county, two of which shall be in the precinct where th mortgaged property is to be offered for sale, and such notices shall be given at leas twenty days prior to the day of sale.
SEC. 4. [Contents of notice.]-Every such notice shall specify. 1. The dat of the mortgage and where recorded. 2. The names of the mortgagor and mortgage and the assignee of the mortgagee, if any. 3. The amount claimed to be due thereo at the time of the first publication or posting of such notice. 4. A description of th mortgaged property, conforming substantially with that contained in the mortgage. The time and place of sale.
SEC. 5. [Postponement of sale.]-Such sale may be postponed from tim to time, by inserting a notice of such postponement, as soon as practicable, in the new: paper in which the original advertisement was published, and continuing such publica tion until the time to which the sale shall be postponed; or in case no newspaper published in the county in which such sale is to be had, by posting a notice of such a journment in some conspicuous place at the place designated in the original notio posted for said sale to be had.
SEC. 6. [Sale, when and where held.]-Such sale shall be at public au tion in the day time, between the hours of 10 A.M. and 4 P.M., in the county where th mortgage was first recorded, or in any county where the property may have been re moved by consent of parties, and in which the mortgage was duly recorded, and in vie of said property.
SEC. 7. [Purchase by mortgagee.]—The mortgagee, his assignees, and hi or their legal representatives, may fairly and in good faith, purchase any of the mor taged property offered at such sale.
СНАР. 12. "An act relating to the sale and transfer of personal property under mortgage." Laws 12th Ses Ter. 1867, 9. Chapter 46. G. S. 481. Took effect Feb. 18, 1867. The 9th section was superseded by "An act to pr vent the fraudulent transfer of personal property." Laws 1877, 5. This act is inserted in lieu of said original 9 section, but so much of the act as provided for the removal of mortgaged property having been held unconstit tional (16 Neb., 239) is omitted. This defect, however, is now supplied by act of March 7, 1885, being section 10 this chapter. Further provisions concerning chattel mortgages, see secs. 14, 15, and 16, chap. 32, post. To aut orize a sale of property under this statute, where the property has been removed by consent of parties Into county other than that where the mortgage was first filed, the mortgage must be duly filed in the county whe the sale is to take place. 21 Neb., 400. Sale by mortgagee in which he fails to comply with statute renders hi liable to mortgagor for damages. Id. Mortgagee cannot withdraw original instrument from office where file and proceed to foreclose. 24 Neb., 595. If mortgage be properly filed, duly certified copy sufficient authority fo mortgagee to take possession of property and foreclose. 25 Neb., 365.
SEC. 8. [Equity of redemption extinguished.]—When a mortgage shall have been foreclosed, as herein provided, any and all right of equity of redemption, which the mortgagor may or might have had, shall be and become extinguished.
SEC. 9. [Disposing of mortgaged property-Penalty.]—That any person, who after having conveyed, any article of personal property to another by mortgage, shall during the existence of the lien or title created by such mortgage, sell, transfer, or in any manner dispose of the said personal property, or any part thereof, so mortgaged to any person or body corporate, without first procuring the consent, in writing of the owner and holder of the debt secured by said mortgage to any such sale transfer, or disposal, shall be deemed guilty of a felony, and upon conviction thereof shall be fined, in any sum not less than one hundred dollars, or imprisoned in the penitentiary, for a term not less than one year, nor more than ten years, or both fine and imprisonment at the discretion of the court. [1877, 5. Amended 1889, chap. 35.]
SEC. 10. [Removal of mortgaged property-Penalty.]-That any person who after having conveyed any article of personal property to another by mortgage, shall during the existence of the lien or title created by such mortgage, remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was situated at the time such mortgage was given thereon, with intent to deprive the owner or owners of said mortgage of his security, shall be deemed guilty of felony, and on conviction thereof shall be imprisoned in the penitentiary for a term not exceeding ten years, and be fined in a sum not exceeding one thousand dollars. [1885, chap. 11.]
SEC. 9. Not necessary to allege intent to defraud. 19 Neb., 321. Section cited 21 Neb., 52.
SEC. 10. "An act to prevent the fraudulent removal out of the county of mortgaged personal property, and
to provide a penalty for the violation of this act." Took effect March 5, 1885.
CHAPTER 12 a.-CITIES OF THE METROPOLITAN CLASS.
SECTION 1. ]Metropolitan cities.]-That all cities in the state of Nebraska now having a population of eighty thousand inhabitants, or more, and all cities which sha hereafter have attained a population of eighty thousand inhabitants, or upwards, shall b considered and known as cities of the metropolitan class and shall be governed by th provisions of this act. [1887, chap. 9. Amended 1889, chap. 13.]
SEC. 2. [Population-Proclamation.]—Whenever any city shall here after have attained a population of sixty thousand inhabitants, or upwards, and suc fact shall have been ascertained by any national or state census, and shall be s certified to the governor by the mayor of such city, it shall thereupon be the duty of the governor by public proclamation to declare such city to be of the metropolitan class, and thereupon such city shall be subject to the provisions of this act.
SEC. 3. [Corporate limits.]-The corporate limits of any city of the met ropolitan class shall be fixed and determined by the mayor and council of such city, by ordinance, within one year after the passage of this act, or within one year after being proclaimed by the governor a city of such class, the said corporation limits to include an area not to exceed twenty-five square miles, including any township or village organ ization within such limits, which organization shall thereupon cease and terminate, and after said corporate limits have been so fixed and determined, the same shall not be changed until the population of such city shall have increased at least twenty thousand as shown by a state or national census, whereupon the mayor and council of any such city may extend said corporate limits such distance as may be deemed proper in any rection not exceeding one mile; Provided, That any city of the first or second class, or any incorporated city, adjoining any city of the metropolitan class, may be included in and become a part of such city of the metropolitan class, upon proposition to be so attached and included being approved by a majority of the voters in each of the said cities voting on such proposition, upon such terms as may be stated in such proposition. after being submitted to the voters of each of said cities, by ordinance passed by the mayor and council of each of said cities. [Amended 1889, chap. 13]
SEC. 4. [Name-Service of process.]—The corporate name of each city, organized under or governed by this act, shall be "The city of
and all and every process or notice whatever, affecting any such city shall be served upon the mayor, or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk.
SEC. 5. [Saving clause.]—No right of property accrued to any city, corporation, or person under any law heretofore in force shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council.
SEC. 6. [General powers.]—Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: First-To sue and be sued. Second-To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third-To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be conducive to the interests of the city. Fourth-To make all contracts and do all other acts in relation to the property and concerns of the city, necessary to the exercise of its corporate or administrative powers. Fifth-To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the mayor and council of such city as hereinafter set forth, except when otherwise specially provided.
CHAP. 12 &. An act entitled, "An act incorporating metropolitan cities and defining, regulating, and preserib ing their duties, powers, and government." Passed and took effect March 30, 1887. Laws 1887, chap. 9.
SEC. 3. City cannot extend its limits over city of second class. It can take in village within the 25 mile limit 47 N. W. R. 1113.