court, with the names of the parties, dates of each entry, and the judgment or opinion of the court, and all orders thereof, and a full record of all determinations of the district or supreme court upon appeal or petition in error in such matters, controversies, and suits. IV. The fee book shall contain an exact account of all fees allowed and paid in each case, showing the names of the persons receiving the same, and for what such fees were paid.

SEC. 33. [Index.]-An index shall be attached to each book required to be kept by the probate judge, in which shall be inserted [in] alphabetical order the names of the parties or persons in which [whose] names the entries in such books are made.

SEC. 34. [Records.]-Every record made in any probate court, excepting original orders, judgments, and decrees thereof, shall have attached thereto a certificate signed by the judge of such court, showing the date of such record and the county in which the same is made, and it shall not be necessary to call such judge or his successor in office to prove such record so certified. And in any cause, matter, or proceeding in which the probate court or probate judge has jurisdiction, and is required to make a record not provided for in this chapter, such record shall be certified in the same way and with like effect as aforesaid.

SEC. 35. [Disqualification of judge.]—When any probate judge shall be disqualified from acting in any cause or matter before him, or is temporarily absent from the county, the county commissioners may appoint a competent and disinterested person to act in place of such judge, in such case or other matter, during such absence or disqualification, who shall give bonds in the same manner and possess the same powers, and be subject to the duties, restrictions, and liabilities therein as are prescribed by law respecting probate judges.

SEC. 36. [Repealed by 1881, chap. 14.]

SEC. 37. [Bonds.]-All bonds required by law to be taken in or by order of the probate court shall be for such sum with such sureties as the judge shall prescribe, except as otherwise provided by law, and such bonds shall be for the security and benefit of all persons interested, and shall be taken to the state of Nebraska, except where they are required to be taken to the adverse party.

SEC. 38. [Repealed Chap. 1, Title, Imperfect and lost records. XXV, R. S. 534 ; Laws 1870, 7.]

SEC. 39. [Proving records.]-That in all cases where lands have been sold by order of the probate court in any county in the territory or state of Nebraska, on application of the guardian of any minor child, or children, or executor, or administrator, and it shall appear in any action in any court held within this state, relating to the title to such land, that the record or any part of the record of such sale is imperfect or deficient, or that such record or any part thereof, or any paper or papers, notice, affidavit, document, instrument, or any proceeding whatsoever, from the filing of the petition for license to sell until the execution of the deed to the purchaser, has been lost or destroyed by fire or otherwise, or cannot be found, the contents of such record, paper, notice, affidavit, document, instrument, or other proceeding may be proved in the same manner as in case of other lost instruments or papers by secondary evidence, and when so proved, they shall have the same effect as if proven by the production of the original record, paper, notice, affidavit, document, instrument, or other proceedings, or by a duly certified copy thereof. [G. S. § 1, 271.]

SEC. 40. [Same-Bonds of guardians, etc.]—When in such action it shall appear that the record, or any bond, paper, instrument, or other proceeding connected with the appointments of the guardian, executor, or administrator, by whom

SEC. 35. In the absence of a record to the contrary it will be presumed that one acting as probate judge was appointed under the provisions of this section. 3 Neb. 343. Person appointed by county board to act in place of county judge during his disqualification will continue to act until the whole cause or matter is disposed of. 2 Neb. 226. See note to sec. 3 and 17 Neb., 523.

SECS. 39-41. "An act prescribing the method of proving records of probate courts relative to the sale of lands and appointment of guardians, executors, and administrators, in certain cases, and perpetuating the evidence thereof. G. S. 271 Statute applies to all cases where records are lost or destroyed. 18 Neb. 152.

such sale was made, has been lost or destroyed by fire or otherwise, or cannot be found the contents thereof may be proven in the manner and with the effect prescribed in section one of this act, as to the matters therein provided for. [Id. § 2.]

SEC. 41. [Perpetuating testimony.]-The testimony of any witness, as to any matter or thing mentioned in this act, may be perpetuated and shall be received and admitted, in any action aforesaid, and with the effect prescribed in this act in the same manner as prescribed by law in other cases. [Id. § 3.]

APPEALS.

SEC. 42. [Appeals in probate matter.]—In all matters of probate jurisdiction, appeals shall be allowed from any final order, judgment, or decree of the county court to the district court by any person against whom any such order, judgment, or decree may be made, or who may be affected thereby. [1881, §1, 227.]

SEC. 43. [When taken.]—All appeals shall be taken within thirty days after the decision complained of is made. [Id. § 2.]

SEC. 44. [Bond-Cost-Attorney's fee.]-Every party so appealing shall give bond in such sum as the court shall direct, with two or more good and sufficient sureties, to be approved by the court, conditioned that the appellant will prosecute such appeal to effect without unnecessary delay, and pay all debts, damages, and costs that may be adjudged against him. The bond shall be filed within thirty days from the rendition of such decision. But an executor, administrator, guardian, or guardian ad litem shall not be required to enter into bond in order to enable him to an appeal. If it shall appear to the court that such appeal was taken vexatiously or for delay, the court shall adjudge that the appellant shall pay the costs thereof, including an attorney's fee to the adverse party, the court to fix the amount thereof, and said bond shall be liable therefor in cases where it is required. [Id. § 3.]

SEC. 45. [Effect of bond.]-After such bond has been filed, the appeal shall be granted, but shall not be a supersedeas in any other matter relating to the administration of the estate, except that from which the appeal is specially taken. [Id. § 4.]

SEC. 46. [Transcript.]-When such appeal is taken, the county court shall, on payment of his fees therefor, transmit to the clerk of the district court, within ten days after perfecting such appeal, a certified transcript of the record and proceedings relative to the matter appealed from. [Id. § 5.]

SEC. 47. [Proceedings in district court.]-Upon the filing of such transcript in the district court, that court shall be possessed of the action, and shall proceed to hear, try, and determine the same, in like manner as upon appeals, brought upon the judgment of the same court in civil actions. [Id. § 6.]

SEC. 48. [Judgment.]-The final decision and judgment in matters so appealed shall be certified to the county court, and proceedings shall be had thereon necessary to carry the final decision and judgment into execution. [Id. § 7.]

SECS. 42-48. "An act providing for an appeal from the decision of the county court in certain matters." Approved Feb. 28. Took effect June 1, 1881. Order admitting will to probate conclusive, unless appeal is taken to district court as provided by this act. 12 Neb. 345. Bond with one surety is not void, and is sufficient unless objected to on that ground. Bond may be amended in appellate court. 13 Neb. 9. Notice of appeal not required. 16 Neb. 294. 25 Id. 269. Presumption that bond approved by judge conforms to orders of court; appeal not dismissed though bond be defective; on appeal district court may hear evidence and determine validity of claim. 21 Neb., 236. Repeals by implication conflicting provisions of secs. 234-238, chap. 23. 25 Neb., 267. 27 Id., 859. Appeal from order appointing administrator. 32 1d., 480. Costs of contestant charged against estate. Id., 191. SEC. 47. Cited 54 N. W. R., 560.

CHAPTER 20 A.-DAIRYMEN'S ASSOCIATION.

SECTION 1. [Legalization.]—That the regularly organized and incorporated society known as the Nebraska Dairymen's Association, whose articles of incorporation are recorded in the office of secretary of state, be and the same is hereby legalized as a state institution. [1889, chap. 83.]

SEC. 2. [Annual convention.]-The Nebraska Dairymen's Association shall hold a convention annually on the third Tuesday in December, at such place in the state as the board of managers may select, for the purpose of gathering statistics and diffusing practical knowledge on subjects pertaining to the dairy interests of the state, by addresses, papers, discussions, and such other means as the board of managers may direct.

SEC. 3. [Duty of secretary.]-The secretary of said association shall preserve all papers read, and take a stenographic report of all addresses and discussions at said annual convention, and shall make a report of the same to the governor, together with a full report of all business transacted, including an itemized statement of all expenditures of money, and shall publish in pamphlet form not less than two thousand (2,000) copies of said report, which shall be distributed according to the laws governing the distribution of the reports of the state board of agriculture.

SEC. 4. [Appropriation.]-The sum of one thousand dollars is hereby annually appropriated, out of any moneys in the state treasury not otherwise appropriated, for the use and benefit of said association, and the state auditor is hereby authorized to draw his warrant for the same upon presentation of proper vouchers therefor, certified to by the president and secretary of said association, said amount to be used only for defraying the expenses incurred in holding conventions and in publishing and distributing reports and such other purposes as in the discretion of the board of managers shall best subserve the dairy interests of the state.

SEC. 5. [Embezzlement-Penalty.]-If any officer or member of said association shall convert any of the moneys hereby appropriated to his own use, or suffer the same to be lost or expended in any other way or manner or for any other purpose than is designated by law, such officer or member shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one nor more than three years.

CHAP. 20 a. "An act legalizing the Nebraska Dairymen's Association and to define certain duties of said association and to make an annual appropriation therefor, and fixing a penalty for the misappropriation of any of the money thereby granted." Took effect July 1, 1889. Laws 1889, chap. 83.

CHAPTER 21.-DAMAGES.

SECTION 1. [Caused by death.]-That whenever the death of a person shall be caused by the wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, in respect thereof, then, and in every such case, the person who, or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. [G. S. § 1, 272.]

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SEC. 2. [Action for.]-That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the portion provided by law in relation to the distribution of personal property left by persons dying intestate; and in every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries, resulting from such death, to the wife and next of kin of such deceased person, not exceeding the sum of five thousand dollars; Provided, That every such action shall be commenced within two years after the death of such person.

SEC. 3. [Provided for act to take effect May 1, 1873.]

CHAP. 21. Being chapter 15, General Statutes, 1873. Action must be brought by personal representatives of deceased. 12 Neb. 3. Husband cannot recover for death of wife. 13 Id. 286. In action by personal representatives of deceased person, it must be alleged in petition that deceased left a widow, or next of kin, or both according to the fact. 17 Neb. 573. Amount recoverable is a question for jury. 18 Neb. 699.

CHAPTER 22.—DEAF AND DUMB INSTITUTE.

SECTION 1. [Officers interested in contracts.]-No director, officer, or agent of the institute shall be interested in any contract with the corporation, nor in the changing or exchanging of commodities of any kind whatever, nor shall any director be employed in or appointed to any office or place of emolument in said institution. [1875, § 3, 147.]

SEC. 2. [Directors - Powers - Employees.]—The said directors are vested with power to appoint or employ, and remove or discharge at pleasure a principal, matron, teacher, and agents necessary to the successful operation of the institution, and prescribe and regulate their duties, and to fix the salaries or compensation of each. [Id. § 4.]

SEC. 3. [Directors to hold property.]-To enable the said directors to execute the provisions of this act, they are authorized to receive, have, hold, and use property of every description, as well as money from any county or corporation, or from any person desiring to aid in sustaining the institution; Provided, That whatever may be conveyed or donated, as aforesaid, shall be used as directed by the grantor, or donor, if accepted, and for no other purpose. [Id. § 7.]

SEC. 4. [Object of institution.]-The object of said institution shall be to promote the intellectual, physical, and moral culture of the deaf and dumb, by a judicious and well adopted course of instruction, that they may be reclaimed from their lonely and cheerless condition, restored to society, and fitted for the discharge of the duties of life. [Id. § 8.]

SEC. 5. [Inmates-Admittance.]-All the deaf and dumb residing in Nebraska, of suitable age and capacity to receive instruction, shall be admitted into and enjoy the benefits of said institution without charge. [Id. § 9.]

SEC. 6. [Moneys, how disbursed.] All moneys in the hands of the treasurer of said institution shall be payable only upon order of the board. [Id. § 10.] SEC. 7. [Reports-Treasurer-Principal.]-The treasurer and princi pal shall make annual reports to the board of directors, who shall examine the same at the first meeting held in each year, as provided for in this act. [Id. § 11.]

SEC. 8. [Report to governor.]-Within ten days preceding the meeting of each regular session of the legislature, the said board shall furnish to the governor a printed report of the action of the board and an estimate of the expenses of the institution in all of its departments, together with a statement of the receipts and disbursement of funds; and during the first week of the session of the legislature at least ten copies of said report shall be delivered to each member thereof. The said report shall show: First-The names of the president and directors, secretary and treasurer, and of the principal and teachers employed, with the compensation allowed to each. Second -The names, age, and residences of the pupils and the dates of their reception into the institution. Third-The names, age, and residences of deaf mutes ascertained to be in the state, which have not attended the school. Fourth-The names and residences of all other persons in the service of the institute, and their business and compensation. Fifth -The statement of the accounts of the institute, showing the amounts of money received and the dates thereof, and its disbursements. [Id. § 12.]

SEC. 9. [Vested rights assumed by state,]-All rights inuring to, and all obligations incurred and contracts made by the corporation, incorporated under an act entitled "An act to incorporate an institute for the deaf and dumb," approved February 7, 1867, are hereby declared to be vested in and assumed by the state of Nebraska. [Id. § 13.]

CHAP. 22. "An act to provide for the government of the Institute for the deaf and dumb, and for other purposes. Laws 1875, 147. The government of this institution being vested in board of public lands and buildings, and the sections of the original act, 1, 2, 5, 6, being abrogated, are omitted. See Art. V, § 19, Const. Art. VII. chap. 83, post. Certain special acts relative to erection of buildings, etc. (1871, 94; 1879, 419; 1881, 229), are also omitted. By sec. 11 of the original act (G. S. 275) this institution was located at Omaha.