three months after his appointment, make out and return under oath, into the probate court from which he received his appointment, a true and perfect inventory of all the property of his ward in this state which shall come to his knowledge or possession, and shall within that time cause the same to be appraised in like manner as is required with respect to the estate of a deceased person; and every guardian shall, except as otherwise provided in this chapter, account for and dispose of the estate of his ward in like manner as is directed with respect to executors and administrators, as near as may be; and similar proceedings may be had to obtain such account or punish such guardian for contempt in not rendering the same. [Amended 1873, G. S. 400.]

SEC. 27. [Sale of ward's property.]-The courts of probate in their respective counties, on the application of a guardian, or of any person interested in the estate of any ward, after such notice to all persons interested therein as the court shall direct, may authorize or require the guardian to sell and transfer any stock in public funds, or in any bank or corporation, or any other personal estate or effects held by him as guardian, and to invest the proceeds of such sale, and also any other moneys in his hands in real estate, or in any other manner that shall be most for the interest of all concerned therein, and the said court may make such further orders and give such directions as the case may require for managing, investing, and disposing of the estate and effects in the hands of the guardian.

SEC. 28. [Removal of guardian.]-When any guardian, appointed either by the testator or court of probate, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor, the court, after notice to such guardian and all others interested, may remove him; and every guardian may, upon his request, be allowed to resign his trust when it shall appear to the court proper to allow the same; and upon every such resignation or removal, and upon the death of any guardian, the court may appoint another in his place.

SEC. 29. [Penalty for neglect.]-If any guardian, having the care and custody of such minor, shall neglect to well feed and clothe him or her, or in any way maltreat or abuse him or her, he shall, upon conviction thereof, be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceeding sixty days, or both, at the discretion of the court.

SEC. 30. [Proceedings against guardian.]-Proceedings may be commenced by any one against such person who shall have such minor in charge, by filing an information under oath with the probate judge in the county where the guardian was appointed; and such judge shall, if any of the particulars mentioned in the preceding section appear to be proved by such information, issue his warrant requiring such guardian forthwith to be arrested and brought before him to answer such charge. Amended 1873, G. S. 401.]

SEC. 31. [Same.]-Before being brought before the judge upon such warrant, the party arrested shall have a reasonable opportunity of making a defense, and the plea of "not guity" made by him, or entered by the court in case he refuse to plead, shall be the only plea necessary. If, upon the testimony adduced, it appears to the probate judge that the guardian is unfit for the trust, and that the condition of such minor would be ameliorated by the removal of such guardian, the judge shall remove him and appoint another in his place. [Id.]

SEC. 32. [Limitation of action.]-No action shall be maintained against the sureties in any bond given by the guardian unless it be commenced within four years from the time when the guardian shall have been discharged; Provided, That if at the time of such discharge the person entitled to bring such action shall be out of the state, or under any legal disability to sue, the action may be commenced at any time within five years after the return of such person to the state, or before such disability shall be removed.

SEC. 33. [Embezzlement.]-Upon complaint made to the court by any guardian or by the ward, or by any creditor or other person interested in the estate, or

by any person having any prospective interest therein, as heir or otherwise, against any person, as having concealed, embezzled, or conveyed away any of the money, goods, or effects, or any instrument in writing belonging to the ward, the court may cite and examine such suspected person, and proceed with him, as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator or intestate.

SEC. 34. [Non-resident minor.]-When any minor or other person liable to be put under guardianship according to the provisions of this chapter shall reside without this state, and shall have any real estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the court of probate of any county in which there may be any estate of such absent person; and after notice given to all persons interested, in such manner as the court shall order, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent person.

SEC. 35. [Same.]-Every guardian appointed according to the provisions of the preceding section shall have the same powers, and perform the same duties, with respect to any estate of the ward, that shall be found within this state, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed by virtue of this chapter.

SEC. 36. [Bond.]-Every such guardian shall give bond to the judge of probate, in like manner and with like condition as is herein before prescribed with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and effects as shall come to his hands in this state.

SEC. 37. [Priority of appointment.]-The guardianship which shall be first lawfully granted to any person residing without the state shall extend to all the estate of the ward within the same, and shall exclude the jurisdiction of the probate court in every other county.

SEC. 38. [Compensation of guardian.]—Every guardian shall be allowed the amount of his reasonable expenses, incurred in the execution of his trust, and shall also have such compensation for his services as the court in which his accounts are settled shall deem to be just and reasonable.

SEC. 39. [Joint guardians.]-When an account is rendered by two or more joint guardians, the court may in its discretion allow the same, upon the oath of any one of them.

SEC. 40. [Spendthrift.]-The word "spendthrift" in all its provisions relating to guardians and wards, contained in this or in any other statute, is intended to include every person who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness, or debauchery.

CHAPTER 35.-HOME FOR THE FRIENDLESS.

SECTION 1. [Establishment.]-That a home for the friendless shall be established in the state of Nebraska. [1881, § 1, chap. 52.]

SEC. 2. [Location.]-The location of said home shall be under the supervision of the board of public lands and buildings, and shall be located at the city or town which shall, after duly advertising for bids for its location, donate the largest amount to said home.

SEC. 3. [Appropriation.]—The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general fund of the treasury for the erection of said home.

SEC. 4. [Government.]-The government of said home shall be by and under the supervision of the society of home for the friendless; Provided, That nothing herein contained shall be so construed as to prevent the board of public lands and buildings from establishing rules and regulations for the government of such home in any

manner.

CHAP. 35, "An act to establish a home for the friendless in the state of Nebraska, and to provide for the erection and location and government of the same." Passed and took effect June 1, 1881.

CHAPTER 36.-HOMESTEADS.

SECTION 1. [Exemption.]-A homestead not exceeding in value $2,000, consisting of the dwelling house in which the claimant resides, and its appurtenances, and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner thereof, and not in any incorporated city or village, or instead thereof, at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village shall be exempt from judgment liens and from execution or forced sale, except as in this chapter provided. [1879, 57.]

SEC. 2. [From what property selected.]-If the claimant be married, the homestead may be selected from the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married, but is the head of a family, within the meaning of section fifteen, the homestead may be selected from any of his or her property.

SEC. 3. [Subject to execution, when.]-The homestead is subject to execution or forced sale in satisfaction of judgments obtained: First-On debts secured by mechanics', laborers' or vendors' liens upon the premises. Second-On debts secnred by mortgages upon the premises, executed and acknowledged by both husband and wife, or an unmarried claimant.

SEC. 4. [How conveyed.]-The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

SEC. 5. [How selected.]-When an execution for the enforcement of a judg ment obtained in a case not within the classes enumerated in section 3 is levied upon the lands or tenements of a head of a family, such head of a family may notify the officer at the time of making the levy of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to such levy, except as otherwise provided in this chapter. The judgment creditor may thereupon apply to the district court in the county in which the homestead is situated, for the appointment of persons to appraise the value thereof.

SEC. 6. [Application for appraisal.]—The application must be made upon a verified petition showing: 1. The fact that an execution has been levied upon property which has been claimed as a homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption.

SEC. 7. [Petition.]-The petition must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the claimant at least ten days before the hearing.

"

11

CHAP. 36. "An act to provide for the selection and disposition of homesteads and to exempt the same from judgment liens, and from attachment levy, or sale, upon execution or other process.' Passed and took effect September 1, 1879. Law construed liberally. 4 Neb. 496. Law in force at time contracts are made governs. Id. 389; 17 Id. 535; 19 Id. 677. Exemption absolute. 13 Neb. 21; 17 Id. 469. Leasing of part does not invalidate right of exemption. 12 Neb. 533. Right to homestead may be asserted although title is in another. 23 Neb. 664. Purchase of homestead while occupied by tenant; rights of owner stated. 17 Neb. 371. Widower entitled to under facts stated. 11 Neb. 391. If wife abandon husband, purchase and keep a home of her own, she has no homestead right in the property of her husband at his death. 16 Neb. 688. Wife may claim right; transfer of husband's title to wife is not abandonment. 15 Neb. 654; 17 Id. 630. Mortgage on homestead signed by husband alone is void. 17 Neb. 629; 20 Id. 109. Mortgage signed by both, but only acknowledged by one, is not a lien on homestead. 19 Neb. 211. Deed of homestead from husband to wife, signed and acknowledged by him alone, is valid although not signed and acknowledged by wife. 21 Neb. 671. Provisions of sec. 4 are for the protection of the husband or wife not executing the conveyance and not for the benefit of third parties having no privity of interest with such person. 23 Neb. 590. Contract to convey homestead entered into by wife in her own name will not be specifically enforced. 22 Neb. 374. Title cannot be divested or encumbered by deed unless such deed be executed and acknowledged by both husband and wife. 25 Neb. 175. If title to family residence is in wife, it is the homestead and exempt. 17 Neb. 470, 630. Death of husband or wife; title vests in survivor; if homestead character is preserved by children, it is exempt. 25 Neb. 770. Where homestead is transferred from husband to wife without consideration, surplus over amount of exemption is liable in her hands for debt of husband. 19 Neb. 341. Homestead cannot be subject to fraudulent conveyance. 19 Neb. 631. Tenant in common not entitled to right as against co-tenant for value of his interest. 18 Neb. 589. Homestead may be assigned by county court on settlement of estate. 18 Neb. 106. Law in force when contract made applicable, 28 Neb., 189. Leasing temporarily not an abandonment. 34 Neb. 817. Homestead over $2,000 mortgaged. 53 N. W. R., 980. Homestead in lands held in joint tenancy, 54 N. W. R,, 551, Sec. 3 commented upon. 32 Neb., 19.

SEC. 8. [Appraisement.]—At the hearing, the court, upon proof of the service of such petition and notice, and of the facts stated in the petition, shall appoint three disinterested residents of the county to appraise the value of the homestead, who must take an oath to impartially appraise the same. They must view the premises, and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

SEC. 9. [Report.]—Within ten days, or less if the court so order, from the time of their appointment, they must make to the court a report in writing, showing the appraised value and their determination upon the matter of a division of the land claimed.

SEC. 10. [Homestead set off.]—If from the report it appears that the land claimed can be divided without material injury, the court shall, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section one of this chapter, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

SEC. 11. [Sale.]-If from the report it appears to the court that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption.

SEC. 12. [Proceeds of sale.]-If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

SEC. 13. [Exemption of surplus.]—The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.

SEC. 14. [Fees of appraisers.]-The appraisers shall receive the same fees as jurors, in civil cases in the district court, which, with all other costs of these proceedings, must be paid by the execution creditor in the first instance, but in the cases provided for in sections ten and eleven the amount paid must be added as costs on execution, and collected accordingly.

SEC. 15. [Head of a family.]-The phrase "head of a family," as used in this chapter, includes within its meaning: First-The husband, when the claimant is a married person. Second-Every person who has resided on the premises with him or her, and under his care and maintenance, either: 1. His or her minor child, or the minor child of his or her deceased wife or husband. 2. A minor brother or sister, or the minor child of a deceased brother or sister. 3. A father, mother, grandfather, or grandmother. 4. The father or mother, grandfather or grandmother of a deceased husband or wife. 5. An unmarried sister or any other of the relatives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves.

SEC. 16. [Money realized from sale of homestead is exempt.]-If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section three, the proceeds of the sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. And the sale and disposition of one homestead shall not be held to prevent the selection or purchase of another as provided in this chapter.

SEC. 17. [Homestead succession.]-If the homestead was selected from the separate property of either husband or wife it vests, on the death of the person from whose property it was selected, in the survivor for life and afterwards in his or her heirs forever, subject to the power of the decedent to dispose of the same except the life estate of the survivor by will. In either case it is not subject to the payment of any debt or liability contracted by or existing against the husband and wife or either of them previous to or at the time of the death of such husband or wife, except such as exists or has been created under the provisions of this chapter.

SEC. 15. See 11 Neb., 390; 25 Id. 658.

SEC. 17. See 18 Neb., 106.