« SebelumnyaLanjutkan »
SEC. 7. [Depositions-Contempts.]-Every notary public, when notice by a party to any civil suit pending in any court of this state, upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with him, or when a special commission, issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him, is empowered to issue summonses and command the presence before him of witnesses, and to punish witnesses for neglect or refusal to obey such summons, or for refusal to testify when present, by commitment to the jail of the county for contempt; and all sheriffs and constables in his state are hereby required to serve and return all process issued by notaries public, in the taking of testimony of witnesses by commission or deposition.
SEC. 8. [Neglect of duty.]-If any person shall be damaged or injured by the unlawful act, negligence, or misconduct of any notary public, in his official capacity, the person damaged or injured may maintain a civil action on the official bond of such notary public against such notary public and his sureties, and a recovery in such action shall not be a bar to any future action for other causes, to the full amount of the bond.
SEC. 9. [Duties at termination of office-Penalty.]-Each person who holds, or hereafter shall be appointed and commissioned to the office of notary public, shall, within thirty days after the expiration of the term of his office, either by limitation, removal from office, or removal from the county for which he was appointed, enter in his official record a certificate over his hand and notarial seal, setting forth that such record is his official record as such notary public, from the day of the commencement of the term of his office, or other time of the commencement of his records, to the time of the expiration of his office, and deposit such record and certificate aforesaid, in the office of the clerk of the county for which he was appointed notary public, and in the event of his death or removal from this state, such certificate shall be received in all the courts of this state as presumptive evidence that the record in which or to which such certificate shall be entered or attached, was the official record of such notary public; and any person who shall neglect or fail to comply with the provisions of this section, shall forfeit and be liable to pay to the county for which he was appointed and commissioned a notary public, for the use of the school fund, the sum of two hundred dollars, to be recovered in any court of the county having jurisdiction, in the name of the county, upon the relation of the district attorney of the district in which such county shall be situated.
SEC. 10. [Neglect of county clerk-Penalty.]-If any county clerk of any county in this state, shall neglect or wilfully refuse to perform the duties imposed on him by this act, or shall wilfully refuse to deliver the commission so issued by the governor to any notary public, after he shall have duly filed the bond required by this act, and qualified, such county clerk shall forfeit and be liable to pay to the county for which such notary public was appointed, for the use of the school fund, the sum of two hundred dollars, to be recovered as provided in section nine of this act.
SEC. 11. [Abbreviations on seal.]-No deed, mortgage, power of attorney, or other instrument, in writing, heretofore executed and acknowledged, or proven before a notary public, shall be held invalid or defective because the official seal of the notary public subscribing the certificate of acknowledgment, proof, or other official act of such notary public annexed thereto had engraved thereon the initial or abbreviation of any words, or other word or words different from those required to be contained or engraved on the seal of a notary public, by this act.
SEC. 12. [Vacancy-Duty of county clerk.]-Whenever a vacancy in the office of notary public shall occur in any county, it shall be the duty of the county clerk to notify the secretary of state of the fact, who shall keep a record in his office of the name of the person appointed, date of his commission and time of its
expiration, and the time such office becomes vacant, either by removal from office, removal from the county, or limitation of term of appointment; and when a vacancy shall occur in the office of notary public in any county, it shall be the duty of the secretary of state to notify the governor. [Amended 1883, chap. LVIII.]
SEC. 13. [Fees of secretary and county clerk.]-The secretary of state shall be entitled, for receiving, affixing the great seal to, and forwarding the commission of a notary public, to the sum of one dollar; and the county clerk of the county, to whom the same shall be forwarded, the sum of two dollars on each commission as fee for services under this act, to be paid by the person appointed and commissioned, before the delivery to him of the commission, which fees of the secretary of state shall be transmitted to him by the county clerk, immediately after their receipt by him.
SEC. 14. [Removal for cause-Proceedings-Penalty.]-That whenever charges of malfeasance in office shall be preferred to the governor against any notary public in this state, or whenever the governor shall have reasonable cause to believe any notary public in this state is guilty of acts of malfeasance in office, the governor may appoint any disinterested person, not related by consanguinity to either the notary public or person preferring the charges, and authorized by law to take testimony of witnesses by deposition, to notify such notary public to appear before him on a day and at an hour certain, after at least ten days from the day of service of such notice, and summon witnesses in the manner provided by this act, for the taking of testimony of witnesses by deposition, to appear before him, at the time in said notice specified, and take the testimony of such witnesses in writing, in the same manner as is by law provided for taking depositions, and certify the same to the governor, at which time the notary public under charges may appear, cross-examine the witnesses, and produce witnesses in his behalf, which cross-examination and testimony shall be likewise certified to the governor. Upon the receipt of such examination, duly certified in the manner prescribed for taking depositions to be used in suits in the district courts of this state, the governor shall examine the same, and if therefrom he shall be satisfied the charges are substantially proven, the governor may remove the person charged from the office of notary public; and thereupon, within thirty days from such removal and notice thereof, such notary public shall deposit with the county clerk of the county for which he was appointed his commission as notary public, with his official record and certificate thereof, as prescribed by section nine of this act; and on his failure to do so, shall be liable to the penalty and payment of two hundred dollars, to be recovered in the manner provided in said section nine, which commission, on its receipt by the county clerk, shall be forwarded by him to the secretary of state, to be canceled; and thereafter such person so removed from office shall be forever disqualified from holding the office of notary public; and the fees for taking such testimony shall be paid by the county, at the same rate as fees for taking depositions by notaries public.
SEC. 15. [Obsolete.]
SEC. 16. [Repealed chap. 38, R, S. 270.]
CHAPTER 62.-OATHS AND AFFIRMATIONS.
SECTION 1. [Administration.]-Oaths and affirmations may be administered in all cases whatsoever by judges of the supreme court, judges of the district courts, clerk of the supreme court, clerks of the district courts within their respective districts,, and by probate judges, justices of the peace, and notaries public, within their respective counties. [R. S. 274. G. S. 499.]
CHAPTER 63.-OCCUPYING CLAIMANTS.
SECTION 1. [Improvements paid for before eviction.]-That in all cases where any person claiming title to real estate, whether in actual possession or not, for which such person can show a plain and connected title, in law or equity, derived from the records of some public office, or from the United States or from this state, or derived from any such person by devise, descent, deed, contract or bond, such person or persons claiming or holding as aforesaid shall not be evicted or turned out of possession of such real estate, nor shall his claim or title be set aside or canceled by any court in any proceedings brought or commenced by any person setting up and proving an adverse and better title or claim to such real estate, un.il such person claiming as aforesaid shall be fully paid the value of all lasting and valuable improvements made upon such real estate by such claimant or by those under whom he claims, and also for all taxes and assessments paid upon said real estate by such claimant, and the persons under whom he claims, with interest thereon, at the same rate of interest as provided by law for delinquent taxes, and for all sums of money paid by such occupant or claimant, or those under whom he claims, to redeem such real estate from any sale or sales for non-payment of taxes previous to receiving actual notice by the commencement of suit on such adverse title or claim by which such eviction or cancellation may be had, unless such occupant or claimant shall refuse to pay the person so setting up and proving an adverse and better title the value of such real estate without improvements made thereon as aforesaid, upon the demand of the successful claimant as hereinafter provided. [1883, chap. LIX.]
SEC. 2. [Who deemed occupants-Taxes.-Any person in possession of or claiming any real estate under a certificate of entry or under the homestead or pre-emption laws of the United States, as well as the persons enumerated in the first section of this act, shall be considered as having sufficient title to demand the value of improvements, and to demand the amount of all taxes and assessments paid by such claimant or those under whom he claims, under the provisions of the first section of this act. The tax certificates and the tax receipts of the county treasurer shall, for the purposes of this and the preceding sections provided, be conclusive evidence of the assessment, levy, and payment of the taxes on such real estate, for the purpose of ascertaining the amount of the taxes paid by such occupant or claimant.
SEC. 3. [Appraisement.]-The court rendering judgment or decree in any case provided for by this act against any occupant or claimant shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated, commanding him to summons three disinterested free-holders of such county, whose duty it shall be to appraise such real estate and the improvements aforesaid at their cash value as hereinafter proviued. Such appraisers shall take and subscribe an oath to impartially appraise the said real estate and improvements, which oath shall be filed with the clerk of the court issuing such order. The order thus issued to the sheriff shall be accompanied by written instructions from the court to the appraisers, necessary to carry out the provisions of this act. Such appraisers shall be allowed the same fees and mileage as jurors are allowed in the district court.
SEC. 4. [Same.]-The appraisers shall jointly proceed at once, after service of said order on them, to vie v the real estate in question, and to assess the value of all lasting and valuable improvements on the same, previous to the party receiving actual notice as aforesaid of said adverse claim. They shall also assess
CHAP. 63. "An act for the relief of occupants and claimants of real estate and to repeal an act entitled 'An act for the relief of occupants of lands,' approved February 21, 1873." Vendee, under contract providing for forfeiture of improvements, not entitled to benefits of law. 12 Neb. 296. Party not in possession cannot avail himself of benefit of improvements. 14 Neb. 12. Final judgment should be rendered prior to ascertaining value of improvements; party claiming benefits estopped to review original judgment. 11 Neb. 376. Law does not bar recovery for rents and profits. 12 Neb. 545.-See also 12 Neb. 447.
the net annual value of the rents and profits which the occupant or claimant has received after having received notice of the successful claimant's title by service of process, and they shall deduct the amount thereof from the estimated value of the improvements aforesaid. They shall also assess the value of the land in question at the time such occupant went into possession thereof, or such claimant commenced to pay the tax thereon, as the same may be.
SEC. 5. [Report-Objections--New appraisement.]—The appraisers shall make report in writing of their appraisement and deposit the same in a sealed envelope with the clerk of such court, within the time required by the court, and if either party shall think himself aggrieved by such appraisement he may file objections thereto at the term to which the same is returned, if returned in term time, ten days before such term adjourns, and if such report is made in vacation, or if made in term time, less than ten days before such term adjourns, then such objections may be filed on or before the second day of the term next ensuing. Upon the hearing of such objections, if the court is of the opinion that injustice has been done by such appraisement, the same shall be set aside and a new appraisement ordered. New appraisers shall thereupon be summoned and like proceedings had as hereinbefore provided.
SEC. 6. [Judgment.]-If no objections are made to the appraisement, or if made and overruled, the court shall proceed without pleadings to ascertain the amount of taxes paid by the occupant or claimant, with interest as hereinbefore provided for. If the appraisement reported to the court shall show a sum in favor of the occupant or claimant against whom such decree or judgment is rendered, the amount of taxes and interest as ascertained by the court shall be added thereto, and decree entered therein in favor of such unsuccessful occupant or claimant against the said person proving a better title. Such decree shall consti tute and be a lien upon said real estate, but in case the appraisement shall show a balance due the person proving a better title, the amount of such balance shall be deducted from the amount found due the occupant or unsuccessful claimant for taxes and interest, and decree be entered for the difference in favor of such occupant or claimant. If upon the whole finding there shall appear a balance due the successful claimants, judgment shall be rendered in his favor therefor.
SEC. 7. [Final hearing.]-If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimants, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree,
SEC. 8. [Same-Writ of possession.]-If the successful claimant shall elect to pay and does pay to the occupant or claimant the balance found due him on the final hearing within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be entered against such unsuccessful claimant as the case may require.
SEC. 9. [Same.]-If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupants or claimant within such time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and such occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then such successful claimant shall deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimants, or decree shall be entered in his favor as the case shall require.
SEC. 10. [Decree.]-The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in the two preceding sections, and in case the successful claimant shall neglect to elect
to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvement. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.
SEC. 11. [Suits pending.]-This act shall apply to all suits now pending or hereafter brought, wherein any of the claims or rights herein set forth shall be demanded, and such demand for improvements or taxes may be made upon the overruling by the court of a motion for a new trial, or in case the suit is one in equity, then such demand may be made within three days after the entry of decree. In suits now disposed of in which the unsuccessful occupant or claimant would have been entitled to the relief herein provided for, such occupant or claimant, may make such application to the court within six months after this act shall become a law; Provided, however, That all of the provisions of this act shall be limited and restricted to those cases where the title to the real estate in controversy is derived from some source other than that which comes from such tax titles, tax certificates, tax receipts, or the payment of taxes by any person claiming any interest in or title to such real estate, by reason of such tax deeds, or tax titles, tax certificates, or tax receipts.
SECTION 1. [Testing oils.]-That it shall be unlawful for any person or persons to offer for sale, for illuminating purpose, as agent, or otherwise, any mineral or petroleum oil, or any oil fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, until after he, or they have tested the same in the manner following, towit: By taking not less than half a pint of the oil, fluid, or substance to be tested, and placing the same in a small vessel, 'in which there is no other substance, of such dimensions that the surface of the oil, fluid, or substance shall not exceed four square inches in area, and placing a Fahrenheit's thermometer in said oil, fluid or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid, or substance will emit a gas, or vapor that will ignite by bringing the flame of a lighted match, or other burning taper, in contact with the surface of the article being tested, with such frequency and in such a manner as to ascertain the exact temperature by said thermometer at which said fluid, oil, or substance will emit a gas that will ignite, and if it will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale. [1875 § 1, 27.]
SEC. 2. [Penalty for selling.]-That any person or persons who shall offer for sale for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he, or they, have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes, any of said articles that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, under the test prescribed in this act, he or they shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than one hundred dollars, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.
SEC. 3. [Same.]-That if any person or persons, manufacturer, refiner, or wholesale dealer of any oil, fluid, or substance mentioned in the first section of this
NOTE.-"An act to regulate the sale of illuminating oils." Laws 1875, 27. Took effect May 1, 1875.