Gambar halaman

SEC. 3. [Payments on trains.]-Nothing herein shall be construed as to prevent any railroad company from adopting the rule that when the fare is paid on the train the conductor may charge and collect, not to exceed twenty-five cents in addition to the regular fare, for which he shall give back to such passenger a conductor's check which shall be good for the sum so charged at any station on such road on presentation to the agent of said road.

SEC. 4. [Same-Expelling passengers.]-It shall be unlawful for any railroad corporation operating a railroad in this state, to expel or remove from any coach used for conveying passengers over their line of road any persons who offers to pay the regular rate of fare, not to exceed the maximum rate herein fixed for conveying passengers along the line of said road; Provided, Said persons conduct themselves properly while remaining therein.

SEC. 5. [Penalty.]-Any railroad corporation violating any of the provisions of this act, shall upon conviction thereof, forfeit and pay for each offense not less than two hundred dollars nor more than one thousand dollars, such forfeiture to be paid into the school fund of the county in which such forfeiture is imposed, and shall also be liable to the party injured for all damages he or she sustained thereby.

SEC. 6. [Act construed.]-The term, "railroad corporation," contained in this act shall be deemed and taken to mean all corporations, companies, or individuals now owning or operating, or which may hereafter own or operate any railway in whole or in part in this state, and the provisions of this act shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railway in this state (street railways excepted), the same as to railroad corporations herein before mentioned.


SECTION 1. [Deeds-Execution-Acknowledgment.]-Deeds of real estate or of any interest therein in this state, except leases for one year or for a less time, must be signed by the grantor, being of lawful age, in the presence of at least one competent witness, who shall subscribe his name as a witness thereto and be acknowledged or proved and recorded as directed in this chapter.

SEC. 2. [Deeds-Acknowledgment.]-The grantor must acknowledge the instrument to be his voluntary act and deed.

SEC. 3. [Acknowledgment before whom.]-The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, or some justice of the peace, or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.

NOTE.-Chap. XLIII. R. S. 280 Chap. 61, G. S. 872. Secs. 18, 19, 20, 28 and 30 of the original chapter were substantially re-enacted in 1879, and appear in chapter 18. Secs. 60-84 of the original chapter are transferred and appear in chapter 32

SEC. 1. The presence of the attesting witness, at the time the instrument is subscribed by the parties thereto, is not essential if he is immediately afterwards told by them that such instrument is their agreement, and is by them requested to subscribe the same as a witness. 4 Neb. 121. Weakness of understanding alone not sufficient to avoid a deed. 2 Neb. 116. 4 Id. 117. 6 Id. 484. 12 Id. 418. Deeds of assignment for benefit of creditors must be executed as required by this section. 10 Neb. 513. Semble, A lease need not be. 10 Neb. 605. 15 Id. 170. Taken before notary, and seal attached, no further authentication necessary. 12 Neb. 124. 14 Id.178. Semble, That in Illinois no witness is required. 12 Neb. 124. One witness required in this state; grantor must acknowledge it to be his voluntary act and deed. Id. Delivery of deed. 8 Neb. 371. 10 Neb. 5, 129. Mistake or abbreviation in name of grantee. 7 Neb. 2. Execution by agent. 5 Neb. 304. And see 5 Neb. 174.

SEC. 2. Acknowledgement is no part of the deed itself. 7 Neb. 163. "Personally appeared, etc., A. B., Mayor of ," etc., is a sufficient statement of identity of grantor; it is grantor's deed as mayor, and not his individual deed. Id. 163, 164. Functions stated; construed liberally; will be held sufficient although it fails to follow words or forms prescribed. Id. 11 Id. 497. But either the language of the statute or words of like import must be used. 13 Neb. 340. Must be voluntary. 11 Neb. 497. Certificate must so show. 13 Neb. 340. If certificate shows it to be the "voluntary act" of grantor, omission of words "and deed" will not vitiate the instrument. Id. Acknowledgement not necessary to pass title. 12 Neb. 123, 155.

SEC. 3. County clerk may take. 2 Neb. 84. [This decision under R. S., 44. The act was repealed in 1879, but re-enacted in 1983, aud prior acts legalized. Ante chap. 28, Secs. 90 a, b. 15 Neb. 32.

SEC. 4. [Same in another state.]-If acknowledged or proved in any other state or territory, or district of the United States, it must be done according to the laws of such state, territory, or district, and must be acknowledged or proved before any officer authorized to do so by the laws of such state, territory, or district, or before a commissioner appointed by the governor of this state for that purpose.

SEC. 5. [Same-Authentication.]—In all cases provided for in section four of this chapter, (if such acknowledgment or proof is taken before a commissioner appointed by the governor of this state for that purpose, notary public, or other officer using an official seal,) the instrument thus acknowledged or proved, shall be entitled to be recorded without further authentication; Provided, That in all other cases, the deed or other instrument shall have attached thereto a certificate of the clerk of a court of record, or other proper certifying officer of the county, district, or state within which the acknowledgment or proof was taken, under the seal of his office, showing the person whose name is subscribed to the certificate of acknowledgment, was at the date thereof such officer as he is therein represented to be; that he is well acquainted with the handwriting of such officer; that he believes the said signature of such officer to be genuine, and that the deed or other instrument is executed and acknowledged according to the laws of such state, district, or territory.

SEC. 6. Same in foreign country.]-If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge des affairs, commissioner, commercial agent, or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate.

SEC. 7. [Refusal to acknowledge-Proof.]-If the grantor die before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refuses to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto, before any officer authorized to take the acknowledgment; and the witness must state upon oath, his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same; and such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.

SEC. 8. [Witnesses to appear.]-The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose aforesaid.

SEC. 9. [Same-Failure-Penalty.-Every person who, being served with a subpoena, and having been tendered the fees of a witness in a justice's court, shall, without reasonable cause, refuse or neglect to appear, or, appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he shall submit to answer upon oath as aforesaid.

SEC. 10. [Witness absent.]-If all the subscribing witnesses shall be dead,

SEC. 5. See sec. 36, this chapter. If a deed is executed and acknowledged in another state before a commissioner of deeds of this state, a notary public, or other officer using an official seal, the law presumes a compliance with the law of the place of execution and no further authentication is necessary, but in all other cases there must be attached the certificate mentioned in the proviso to this section. 4 Neb. 435. A deed executed before a justice of the peace in Virginia, there being no evidence that it was executed and acknowledged according to the laws of Virginia, held, properly excluded. Id. See also 5 Neb. 174. The record of a mortgage executed in another state where the acknowledgment is taken by an officer not using an official seal, and not certified to as required in the proviso is void and inadmissible in evidence against a subsequent purchaser; but if actual notice of the mortgage by the purchaser be shown, the judgment will not be reversed. 10 Neb. 482.

or out of the state, such death or absence is first to be proved, and then the execution of the deed may be proved before such officer by proving the handwriting of the grantor, and of any subscribing witness to such deed.

SEC. 11. [Unacknowledged deed-Filing.-Any person interested in a deed that is not acknowledged, may, at any time before or during the proceedings before such officer, file in the office of the register of deeds of the county where the lands lie, a copy of the deed, compared with the original by the register of deeds, which shall, for the space of thirty days thereafter, have the same effect as the recording of the deed, if such deed shall within that time be duly proved and recorded. [Amended 1885, chap. 41.]

SEC. 12. [Certificate of acknowledgment.]-Every officer who shall take the acknowledgment or proof of any deed, shall endorse a certificate thereof, signed by himself, on the deed; and in such certificate shall truly and specifically set forth the matters hereinbefore required to be done, known or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer. and their places of residence, and the substance of the evidence by them given.

SEC. 13. [Evidence-Deeds--Transcript.]-Every deed acknowledged or proved, and certified by any of the officers before named, including the certificate specified in section five of this chapter, whenever such certificate is required by law, may be read in evidence without further proof, and shall be entitled to be recorded. The record of a deed duly recorded, or a transcript thereof duly certified, may also be read in evidence with the like force and effect as the original deed, whenever, by the party's oath or otherwise, the original is known to be lost, or not belonging to the party wishing to use the same, nor within his control. Neither the certificate of the acknowledgment or of the proof of any deed, nor the record or transcript of the record of such deed, shall be conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of a deed, shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such deed, nor the record thereof, shall be received in evidence until established by other competent proof.

SEC. 14. [Certificate of acknowledgment- Record.]--The certificate of the proof or acknowledgment of every deed, and the certificate of the genuineness of the signature of any officer, in the cases where such last mentioned certificate is required, shall be recorded together with the deed so proved or acknowledged; and unless the said certificates be so recorded, neither the record of such deed, nor the transcript thereof, shall be read or received in evidence.

SEC. 15. [Time of record.]--Every deed entitled by law to be recorded shall be recorded in the order, and as of the time when the same shall be delivered to the register of deeds for that purpose, and shall be considered recorded from the time of such delivery. [Amended 1885, chap. 41.]

SEC. '16. [Effect of record-Notice.]-All deeds, mortgages, and other instruments of writing which are required to be recorded, shall take effect and be in force from and after the time of delivering the same to the register of deeds for record, and not before, as to all creditors and subsequent purchasers in good faith without notice; and all such deeds, mortgages, and other instruments shall be adjudged void as to all such creditors and subsequent purchasers without notice, whose deeds, mortgages, and other instruments, shall be first recorded; Provided,

SEC. 13. One link in the plaintiffs chain of title was a deed from Shorter to Young, plaintiff's lessor, which deed contained thirty-three descriptions of land in three different counties, while the lease from Young to plaintiff contained but one of said descriptions. Held, that the record of said deed was properly received in evidence on the trial without inquiry as to the possession of the original. 10 Neb. 500. And see 10 Neb. 481. SEC. 16. The proper registration of a conveyance operates as constructive notice to all subsequent purchasers, and is as effectual in law as personal notice. 6 Neb. 269. The record is only notice of the lands described in the instrument, but where there is an omission by mistake and a judgment is subsequently recovered against the mortgagor the lien of the judgment creditor is subject to the equity of the mortgage. 7 Neb. 289. (Overruling 1 Neb. 465.) See 7 Neb. 171, 394, 465. 8 Neb. 435, 399. An unrecorded mortgage takes precedence of & subsequent conveyance by the mortgagor without consideration. 9 Neb. 120. Prior deed takes precedence of attachment or judgment if recorded before deed based on such attachment or judgment. 10 Neb. 189. 11 Id. 298. See also 4 Neb. 436. 5 Id. 160. 7 Id. 234. 8 Id. 435. 10 Id. 583, 584. 11 Id. 496.

That, such deeds, mortgages, or instruments shall be valid between the parties. [Id.]

SEC. 17. [Irregular acknowledgment.]-They shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner herein prescribed.

SEC. 18. [Deeds, where recorded.]-Deeds and other instruments, relating to or affecting the title of real estate in this state, shall be recorded in the county in which such real estate, or any part thereof, is situated; but if such county is not organized, then the county to which such unorganized county is attached for judicial purposes. [R. S. § 21.]

SEC. 19. [Powers-Revocation.]-No instrument containing a power to convey, or in any manner to affect real estate, executed, acknowledged, or proved, and certified and recorded in conformity with the requirements of this chapter, can be revoked by any act of the party, or parties thereto, until the instrument of revocation is executed, acknowledged or proved and certified, and filed for record with the register of deeds of the county in which the power is recorded. [Amended 1885, chap. 41.]

SEC. 20. [Official seal.]-It shall be no objection to the record of a deed that no official seal is appended to the recorded acknowledgment or proof thereof, if, when the acknowledgment or proof purports to have been taken by an officer having an official seal, there be a statement in the certificate of acknowledgment or proof that the same is made under his hand and seal of office, and such statement shall be presumptive evidence that the affixed seal was attached to the original certificate. [Amended 1875, 90.]

SEC. 21. [Lost deed and record.]-The copy of any record, or of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may, on proof of the loss of the original and of the record, be again recorded, and such record shall have the same effect as the original record. [R. S. § 24.j

SEC. 22. [Wills-Record.]-Any will of real estate which shall have been duly proved in the county court of any county in this state, and any such will, the proof of which shall be contested in that court, and carried up by appeal, or otherwise, and the validity of which shall be finally established, may, with the certificate of proof annexed thereto, be recorded in the office of the register of deeds of the county or counties where the said real estate lies, in the same manner, and with like effect as in case of deeds. [Amended 1885, chap. 41.] Judgment-Record-Evidence.]-Any

SEC. 23. [Decree exemplification of any decree, or judgment in partition on final decree in chancery affecting real estate, may in like manner be recorded in the office of the register of deeds in any county in which any real estate described therein may be situated; such record or exemplification thereof shall be received in evidence, and shall be as effective in all cases as the original exemplification would be if produced, and shall be open to the same objections. [Id.]]

SEC. 24. [Same-Index.]-On recording any such will, exemplification, or decree, the register of deeds shall index the same with the indices of deeds, and as near as may be as deeds are to be indexed, placing the name of the devisor, petitioner, or plaintiff, with the grantors, and the devisee or defendant with the grantees. [Id.]

SEC. 25. [Deed intended as mortgage.]—Every deed conveying real estate, which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute

SEC. 17. Cited 7 Neb. 234. 10 Id. 513. 11 Id. 496.

SEC. 25. A deed absolute, if given for security, is a mortgage, as between the parties and all persons having knowledge of the purpose for which it is given. 1 Neb. 343. To vary the legal import of a deed absolute, the evidence of the intention of the parties must be clear and conclusive, before equity will determine such deed to be a mortgage security only. 3 Neb. 145. 4 Neb. 99. A conveyance in the form of a deed of trust to secure payment of money, and in case of failure to pay the trustee shall sell, or upon payment reconvey, is in effect only a mortgage. 4 Neb. 318. 6 Neb. 389.

conveyance in terms, shall be considered as a mortgage; and the person for whose benefit such deed shall be made, shall not derive any advantage from the recording thereof, unless every writing operating as a defeasance of the same, or explanatory of its being designed to have the effect only of a mortgage, or conditional deed, be also recorded therewith, and at the same time. [R. S. § 29.]

SEC. 26. [Mortgage-Discharge.]-Any mortgage that has been, or may hereafter be recorded, may be discharged by an entry on the margin of the record thereof, signed by the mortgagee, or his personal representatives or assignee, acknowledging the satisfaction of the mortgage, in the presence of the register of deeds, or his deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release duly acknowledged and recorded. [Amended 1885, chap. 41.]

SEC. 27. [Same.]-Any mortgage shall also be discharged upon the record thereof, by the register of deeds in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representative or assignee, acknowledged or proved and certified as herein before prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged. [Id.]

SEC. 28. [Same-Index.]-Every such certificate, and the proof or the acknowledgment thereof shall be indexed in the order of mortgages, and recorded at full length; and in the record of discharge, the register of deeds shall make a reference to the book and page where the mortgage is recorded. [Id.]

SEC. 29. [Refusal to discharge.]-If any mortgagee, or his personal representative or assignee, after full performance of the condition of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to discharge the same as provided in this chapter, or to execute or acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs, or assigns, in the sum of one hundred dollars damages, and also for all actual damages occasioned by such neglect or refusal, to be recovered in the proper action. [R. S. § 34.]

SEC. 30. [Application of act to public lands.]—The provisions of this chapter shall apply to the conveyance of all claims and improvements upon the public lands. [R. S. § 35.]

SEC. 31. [Land in adverse possession.]-No grant or conveyance of lands, or interest therein, shall be void for the reason that at the time of the execution thereof, such lands shall be in the actual possession, of another, claiming adversely. [R. S. § 36.]

SEC. 32. [Certificate of record on instrument.]-The clerk shall mark upon the deed or instrument, after recording the same, the book and page in which the same is recorded. [R. S. § 37.]

SEC. 33. Commissioners of deeds-Acts legalized.]-The governor of this state may commission so many commissioners in such of the states and territories of the United States, and in the District of Columbia, as he may deem expedient, in any one city or county, who shall continue in office four years, and shall have authority to take the acknowledgment and proof of the execution of any instrument in writing, conveying real estate, or any interest therein, or affecting the same, lying in this state, or of any assignment, transfer, power of attorney, satisfaction of a judgment, or of a mortgage, or of any other writing to be used or recorded in this state; and also to administer oaths and affirmations necessary to the proper discharge of their duties. All acts performed in pursuance of the laws of this state or the laws of the territory of Nebraska, by commissioners of deeds heretofore appointed by the governor of the territory of Nebraska, shall be deemed and held to be valid and binding in law. [Amended 1867, 51.]

SEC. 34. [Same-Acknowledgments before.]-Any acknowledgment or proof taken in pursuance of the powers hereby conferred, and in accordance with the provisions of this chapter, and certified by the commissioner, under his

« SebelumnyaLanjutkan »