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ment be affirmed, the appellate court shall render judgment against the appellant and the sureties on his bond, or either of them, for the amount which the appellee is entitled to recover from the appellant on account of such contest, together with costs; but in such case the sureties, or either of them, shall be entitled to produce and examine witnesses concerning the amount of such recovery.

SEC. 100. [Appeal bond.]—If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal.

VACANCIES.

SEC. 101. [Vacancies.]-Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows: 1. The resignation of the incumbent. 2. His death. 3. His removal from office. 4. The decision of a competent tribunal declaring his office vacant. 5. His ceasing to be a resident of the state, district, county, township, precinct, or ward in which the duties of his office are to [be] exercised, or for which he may have been elected. 6. A failure to elect at the proper election, there being no incumbent to continue in office until his successor is elected and qualified, nor other provisions relating thereto. 7. A forfeiture of office as provided by any law of the state. 8. Conviction of an infamous crime, or of any public offense involving the violation of his oath of office. 9. The acceptance of a commission to any military office, either in the militia of this state or in the service of the United States, which requires the incumbent in the civil office to exercise his military duties out of the state for a period not less than sixty days.

SEC. 102. [Resignations.]-Resignations of civil officers may be made as follows: 1. By the governor to the legislature, if in session, if not, to the secretary of state. 2. By senators and representatives in congress, and by all officers elected by the qualified voters of the state, and by judges of the supreme and district courts, district attorneys, and regents of the university, to the governor. 3. By members of the senate and house of representatives, to the presiding officers of their respective bodies, if in session, who shall immediately transmit information of the same to the governor. If such bodies are not in session, to the governor. 4. By all county and precinct officers, to the county board, and by members of the county board to the county clerk. 5. By all township officers, to the township clerk; and by the township clerk to the town board. 6. By all officers holding appointment, to the officer or body by whom they were appointed. Such resignation shall not take effect until accepted by the board or officer to whom the same is made.

SEC. 103. [Filling vacancies.]-Vacancies shall be filled in the following manner: In the office of the reporter of the supreme court, by the supreme court. In all other state and judicial district offices, and in the membership of any board or commission created by the state, where no other method is specially provided, by the governor. In county and precinct offices by the county board; and in the membership of such board by the county clerk, treasurer and judge. In township offices by the town board, but where the offices of the town board are all vacant the clerk shall appoint, and if there be no town clerk, the county clerk shall appoint. In city and village offices, by the mayor and council or board of trustees. [Amended 1883, chap. XLII.]

SEC. 104. [Expiration of fixed term.]-Every officer elected or appointed for a fixed term, shall hold office until his successor is elected, or appointed and qualified, unless the statute under which he is elected or appointed expressly declares the contrary. This section shall not be construed in any way to prevent the removal or suspension of such officer during or after his term in cases provided by law.

SEC. 105. [Appointments.]-Appointments under the provisions of this chapter shall be in writing, and continue until the next election at which the vacancy can be filled and until a successor is elected and qualified, and be filed with the secretary of state, or proper township clerk, or proper county clerk, respectively.

SEC. 100. Bond need not be signed by appellant. 14 Neb. 231.

SEC. 103. Cited 13 Neb 276.

SEC. 106. [Possession of property.]-When a vacancy occurs in a public office, possession shall be taken of the office room, and of the books, papers, and all things pertaining to the office, to be held until the election or appointment and qualification of a successor, as follows: Of the office of county clerk by his deputy, if there be one, if not, by the county judge; and in case of any delay in the election or appointment of a successor to the county clerk, his deputy shall continue to discharge the duties of the office, being responsible for the conduct and management thereof upon his official bond. Of the office of county treasurer by the sheriff. Of any of the state officers, by the governor, or in his absence or inability at the time of the occurrence, as follows: Of the secretary of state, by the treasurer. Of the auditor of public accounts, commissioner of public lands and buildings, and superintendent of public instruction, by the secretary of state. Of the treasurer, by the secretary of state and auditor of public accounts, who shall make an inventory of the money and warrants therein, sign the same, and transmit it to the governor if he be in the state; and the secretary of state shall take the keys of the safes and desks, after depositing the books, papers, money and warrants therein, and the auditor shall take the key of the office room. SEC. 107. [Vacancies.]-Vacancies occurring in any state, judicial district, county, precinct, township, or any public elective office, thirty days prior to any general election, shall be filled thereat. Vacancies occurring in the office of county judge or justice of the peace, shall be filled by election, but when the unexpired term does not exceed one year the vacancy shall be filled by appointment, as provided in section 103. Vacancies occurring in the office of any police magistrate in cities where the unexpired term does not exceed one year shall be filled by appointment, but vacancies occuring in such office less than thirty days prior to any city election, and where the unexpired term exceeds one year shall be filled by special election. And any person so appointed or elected under the provisions of this section shall hold his office for the unexpired term. [Amended 1888, chap. XLII.]

SEC. 108. [Congress, or member of legislature.]-When a vacancy occurs in the office of representative in congress, or members of the legislature, and the body in which such vacancy exists will convene prior to the next general election, the governor shall order a special election to fill such vacancy at the earliest practicable time, and ten days notice of such election shall be given.

SEC. 109. [Special elections.]-The provisions relating to general elections shall govern special elections, except where otherwise provided for.

SEC. 110. [Canvass.]-In all cases where special elections are held to fill vacancies in offices mentioned in the preceding subdivision, the board of canvassers shall meet at twelve o'clock м., on the third day after said election, to canvass the votes cast at such election, and the county clerk, within four days after any special election for a member of the legislature, or representative in congress, shall transmit to the secretary of state an abstract of the votes cast at said election, if there be more than one county in the district.

SEC. 111. [State board.]-Within ten days after said election in the case last mentioned, the board of state canvassers shall meet and canvass the votes cast to fill such vacancy, and if the returns have not been received from all the counties composing said district, they may adjourn to such day as they deem necessary, not exceeding five, for the purpose of receiving said returns.

SEC. 112. [Repealing clause.]

SEC. 113. [Provided for act to take effect Sept. 1, 1879.]

SEC. 114. [Where county clerk is candidate.j-Whenever the county clerk of any organized county of this state shall be a candidate for any office created by the laws of this state, or for member of the legislature of this state, it shall be the duty of the probate judge of the proper county to select two qualified electors of the county, who, together with himself, shall constitute a board of can

vassers to canvass the vote polled for the office for which the then county clerk was a candidate; Provided, That in the event of the probate judge being a candidate for any office at said election, the county clerk shall canvass the votes as provided by law. The votes shall be so canvassed within the time and in the manner now prescribed by law. [12 Sess. Ter. 1867, 18. G. S. 365.]

SEC. 115. [Fraudulent ballot.]-When at any general or special election a ballot with a designated heading contains printed thereon, in place of another, a name not found on the regular ballot having such heading, such name shall be regarded by the judges as having been placed therein for the purpose of fraud, and the ballot shall not be counted for the name so found. [1883, chap. XLIII.j

SEC. 116. [Penalty.]-That any person causing ballots to be printed with a designated heading containing a name or names not found on the regular ballot having such heading, or any person knowingly peddling or distributing any such ballot with intent to have such ballot voted at any such general or special election, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, for each offense be fined in any sum not less than fifty nor more than two hundred dollars and be imprisoned in the county jail not exceeding sixty days.

CHAPTER 27.-ESTRAYS.

SECTION 1. [By whom taken up.]-It shall be lawful for any person hold ing land in this state, by deed, title, bond, or lease, for one or more years, and being in possession thereof, to take up any estray horse, mule, or ass, neat cattle, sheep, or swine, found within his enclosed premises at any season of the year; and any estray found around the premises of any lessee or freeholder between the twentieth day of October and the first day of April, may be taken up by such lessee or freeholder; and any horse, mule, or ass, with any portion of harness attached to them, and any oxen, with yoke, that are believed to have estrayed away from their owners, may be taken up by any person at any time. [R. S. 153. G. S. 368.]

SEC. 2. [Record of description.]-It shall be the duty of any person taking up an estray to send a description of the same to the county clerk within ten days after taking it up, and the county clerk shall immediately record the same in a book kept for that purpose, for which he shall receive the sum of twenty-five cents. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal in any newspaper published within the county.

SEC. 3. [Publication.]—The proprietor of such newspaper shall publish said description for at least five consecutive weeks, and shall receive therefor the sum of three dollars; Provided, That if two or more estrays of the same species shall be taken up by the same person at the same time, they shall be included in the same publication; and in such case the aforesaid publisher shall receive no more than for one of such species, except, where the number so described shall exceed three, he shall receive one dollar for each estray beyond that number included in such publication.

SEC. 4. [Owner may reclaim.]-The owner of an estray may, at any time previous to its sale, reclaim the same on proving said property by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expenses incurred by the person taking up said estray.

SEC. 5. [Arbitrators.]-In case the parties cannot agree upon the amount of the expenses incurred, they may each choose a disinterested person to act as arbitrators, and the two chosen may choose a third. The decision of the arbitrators shall be final.

SEC. 6. [Disposition.]-When an estray, if it be a sheep, swine, or calf, under the age of one year, has not been reclaimed within six months after the advertising the same, it shall become the property of the person taking it up,

NOTE.-Chap. XVIII. R. S. 153. Chap. 21. G. S. 368. 10 Neb. 497.

without further proceedings. If the estray be a horse, mule, ass, bull, cow, or steer, over the age of two years, it must be reclaimed within six months from the time it was first advertised. If the estray is an animal over the age of one year, and not over the age of two years, it must be reclaimed within six months from the time it was first advertised. If any estray included in the last two named classes shall not be reclaimed within the time specified respectively, the person taking up the estray shall notify a justice of the peace of the county wherein said estray was taken up, who shall appoint two disinterested persons, and administer to them an oath or affirmation to faithfully and truly appraise said estray, and said persons, upon actual view of said property, shall appraise the same at its true value, and make due return thereof, in writing, to said justice of the peace, who shall appoint a day of sale, and cause notice of the time and place of sale, to be published at least five weeks consecutively before the day of sale, in a newspaper printed in said county and by posting up written or printed notices in three public places in the precinct where the estray is to be sold; and in case there is no newspaper printed in said county, there shall be three additional written or printed notices posted up at the county seat of said county, and on the day appointed said estray shall be sold by said justice to the highest bidder in cash; and the proceeds thereof, after deducting the costs of the proceedings and the expenses of keeping said estray, shall be paid to the county treasurer within ten days after the sale, subject to the order of the owner, provided the owner of said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale; and if said balance is not so claimed within the time so specified, it shall be placed by said treasurer to the credit of the general school fund of said county. SEC. 7. [Place of sale.-The place of sale shall be at the residence of the person taking up the estray.

SEC. 8. Price.-When an estray is sold, it must bring at least two-thirds. of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week after the day appointed for the first sale, and no advertisement shall be necessary for the second sale.

SEC. 9. [No sale, when.]-When the appraisers think that the animal will not bring more than enough to defray the necessary expenses of the sale and advertisement thereof, said sale shall be dispensed with, and the person who took up the animal shall, on the payment of expenses, be the owner thereof.

SEC. 10. [Proceeds of sale.]-The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

SEC. 11. [Penalties.]-Any person violating section ten of this chapter shall be liable to a fine of not less than twenty dollars nor more than two hundred dollars. SEC. 12. [Appraisal.]-The appraisers of estrays shall estimate the value. of the labor, trouble and expense of the person in taking up and keeping an estray-taking into consideration the services rendered by the animal.

SEC. 13. [Fees of appraisers.]-The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of one dollar and fifty cents.

SEC. 14. [Payment of expenses.]-The advertisement, the appraisement, and the services of the justice of the peace, shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

SEC. 15. [Gelding.]-If any horse or mule not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or mule, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within three days thereafter and pay to the said taker-up two dollars as compensation for his trouble, the taker-up shall proceed to advertise said horse or mule, and the same

proceedings shall be had in every respect as hereinbefore provided in cases of estray horses or mules; Provided, That the taker-up, may, after the expiration of twenty days from the time of advertising, geld, or procure to be gelded, the said horse or mule, which shall be done at the risk and expense of the owner.

SEC. 16. [Death of estray.]-Should any animal taken up as an estray die while in possession of the person taking it up, he shall not be liable for the loss unless its death was the result of mistreatment or wilful neglect.

CHAPTER 27 a.-FEEBLE MINDED CHILDREN.*

SECTION 1. [Establishment.]-That there shall be established in the state of Nebraska an institution to be known and designated as the Nebraska Institution for Feeble Minded Youth. [1885, chap. 52.]

SEC, 2. [Object.]-Besides shelter and protection, the prime object of said. institution shall be to provide special means of improvement for that unfortunate portion of the community who were born, or by disease have become imbecile or feeble minded, and by a wise and well adapted course of instruction reclaim them from their helpless condition, and, through the development of their intellectual faculties, fit them as far as possible for usefulness in society. To this end there shall be furnished them such agricultural and mechanical education as they may be capable of receiving.

SEC. 3. [Erection of buildings.]-The board of public lands and buildings shall establish such rules and regulations for the government and the management of the institution, and for securing economy, efficiency, and accountability in all its affairs as they may deem expedient, they shall, as soon as practicable after the passage of this act, and before the 1st day of July, 1885, take the necessary steps for the erection and furnishing of suitable buildings for said institution. They shall advertise for plans and specifications of said buildings, and upon their adoption shall at once advertise for sealed proposals for the construction of said buildings in accordance with the plans and specifications adopted by them, and shall require bonds for the faithful completion and performance of all work contracted for, as contemplated in this section.

SEC. 4. [Location.]-Said institution shall be located at or near Beatrice, and within two (2) miles of the corporate limits of said city; Provided, That said city of Beatrice, or the citizens thereof, sball donate and convey to the state not less than forty (40) acres of land, near or through which runs a stream of living water sufficient to afford water supply for said institution, said site to be approv ed by the board of public lands and building.

SEC. 5. [Officers.]-The board shall appoint a superintendent, who shall be a physician, and before entering upon the discharge of his duties shall give bond to the state of Nebraska in the sum of ten thousand (10,000) dollars, with sureties, to the satisfaction of the board, for the faithful performance of his duties. He shall have control of the institution under direction of the board, and in accordance with the rules and regulations by them established. The board shall, upon the nomination of superintendent, appoint a matron, and shall have power to remove either of them for cause. Al teachers and other employes shall be appointed by the superintendent, with the advice and consent of the board, and may be discharged by him or by the board. The compensation of all officers and employes of said institution shall be fixed by the board.

"An act to establish and endow an Asylum Home for feeble minded children and adults at or near the eity of Beatrice Nebraska, and making appropriation and levy therefor."

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