« SebelumnyaLanjutkan »
hand and official seal, upon the instrument mentioned in the preceding section, shall when authenticated as hereinafter mentioned, be entitled to be recorded in the office of the county clerk, and shall have the same force and effect, and be as available as if taken or made before any officer by this chapter authorized to take proofs or acknowledgments, residing in this state; and any affidavit or affirmation so made before any such commissioner, certified and authenticated as aforesaid, may be read in evidence, and shall be as good and effectual to all intents, as if taken and certified by an officer authorized to administer oaths residing in this state. [R. S. § 39.]
SEC. 35. [Commissioner-Oath-Seal.-Every commissioner appointed as aforesaid, shall, before he performs any duty by virtue of his appointment and of this law, take and subscribe an oath or affirmation before some officer authorized to administer the same, well and faithfully to perform all the duties of such commissioner, under and by virtue of the laws of Nebraska, which oath or affirmation shall be filed in the office of the secretary of state of Nebraska. And every such commissioner shall also, before he enters upon the duties of his office, cause to be prepared an official seal, on which shall be designated his name, and the words, "a commissioner for Nebraska," together with the name of the state or territory, city, and county within which he shall reside, and for which he shall have been appointed, and shall transmit to and cause to be filed in the office of said secretary, a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper handwriting. [R. S. § 40.]
SEC. 36. [Same-Certificate of authentication.]-When any deed, or other instrument shall be proved or acknowledged, or any oath or affirmation shall be taken before any commissioner appointed by virtue of this chapter, before it shall be entitled to be used, recorded or read in evidence, in addition to the preceding requisites, there shall be subjoined or affixed to the certificate, signed and sealed by each commissioner as aforesaid, a certificate under the hand and official seal of the secretary of state of Nebraska, certifying that such commissioner was, at the time of taking such proof or acknowledgment, or of administering such oath or affirmation, duly authorized to take the same, and that the secretary is acquainted with the handwriting of such commissioner, or has compared the signature to such certificate with the signature of such commissioner deposited in his office, and has also compared the impression of the seal affixed to such certificate with the impression of the seal of such commissioner deposited in his office, and that he verily believes the signature and the impression of the seal of the said certificate to be genuine. [R. S. § 41.]
SEC. 37. [Same-Time-Date.]-No commissioner appointed under or by virtue of this law, shall be authorized to take the proof or acknowledgment of any deed or instrument, or to administer any oath or affirmation at any place other than that within which he shall reside, or for which he shall have been appointed; and every certificate of any such commissioner to any proof or acknowledgment taken before him, or to any oath or affirmation administered by him, shall specify the day on which, and the city, or town, and county, within which the same was taken, or administered; and without such specification, the said certificate shall be void. [R. S. § 42.]
SEC. 38. [Acknowledging officer-Duty.-No acknowledgment of any conveyance having been executed shall be taken by any officer, unless the officer taking the same shall know, or have satisfactory evidence that the person making such acknowledgment is the person described in, and who executed such conveyance. [R. S. § 43.]
SEC. 39. [Mortgage Assignment.]-The recording of an assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs, or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee. [R. S. § 44.]
SEC. 36. See sec. five this chapter, and note, p. 476.
SEC. 38. Acknowledgment sufficient if it shows requirements of statute have been complied with. 7 Neb. 163.
SEC. 40. [U. S. land office certificates-Patents-Record.]-All certificates of the register and receiver of any United States land office, of the entry or purchase of any tract of land, and all letters patent of land from the United States of land lying in this state, shall be recorded in the county in which the land lies, and where any patent as above contains descriptions of land lying in more than one county, or otherwise, it shall be lawful to record in any county the whole of the descriptions of land situated therein without recording all descriptions contained in said patent; Provided, That such record shall include all the granting or conveying part or language of said patent, and the records of such certificates and patents, and all copies thereof so recorded, duly certified by the register of deeds, shall be prima facie evidence of the existence of such certificates and patents and conclusive evidence of the existence of such record. [1883, chap. LXIII. Amended 1885, chap. 41.]
SEC. 41. [Fraudulent violations of act-Penalty.]-Every officer within this state, authorized to take the acknowledgment or proof of any conveyance, and every county clerk, who shall be guilty of knowingly stating an untruth, or guilty of any malfeasance or fraudulent practice in the execution of the duties prescribed for them by law, in relation to the taking or the certifying the proof or acknowledgment, or the recording or certifying of any record of any such conveyance, mortgage, or instrument in writing, or in relation to the canceling of any mortgage, shall, upon conviction, be adjudged guilty of a misdemeanor, and be subject to punishment by fine not exceeding five hundred dollars, and imprisonment not exceeding one year, and shall also be liable in damages to the party injured. [R. S. § 46.]
SEC. 42. [Deeds of married women.]-Any real estate belonging to a married woman, may be managed, controlled, leased, devised or conveyed by her by deed, or by will, in the same manner and with like effect as if she were single. [R. S. § 47.]
SEC. 43. [Dower.]-To convey her right of dower, she must execute a deed with or without her husband. [R. S. § 48.]
SEC. 44. ["Real estate" defined.-The term "real estate," as used in this chapter, shall be construed as co-extensive in meaning with "lands, tenements, and hereditaments," and as embracing all chattels real, except leases for a term not exceeding one year. [R. S. § 49.]
SEC. 45. ["Purchaser" defined.]-The term "purchaser," as used in this chapter, shall be construed to embrace every person to whom any real estate or interest therein, shall be conveyed for a valuable consideration, and also any assignee of a mortgage or lease, or other conditional estate. [R. S. § 50.]
SEC. 46. ["Deed" defined.]-The term "deed," as used in this chapter, shall be construed to embrace every instrument in writing, by which any real estate or interest therein is created, aliened, mortgaged, or assigned, or by which the title to any real estate may be affected in law or equity, except last wills, and leases for one year or for a less time. [R. S. § 51.]
SEC. 47. [Power of attorney.]-The preceding section shall not be construed to extend to a letter of attorney, or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when proved or acknowledged in the manner prescribed in this chapter, may be recorded in the office of the register of deeds of any county in which the real estate to which such power or contract relates may be situated; and when so proved or acknowledged, and the record thereof when recorded, or the transcript of such record, may be read in evidence, in the same manner and with the like effect as a conveyance recorded in such county. [Amended 1885, chap. 41.]
SEC. 42. See chapter entitled "Married woman," ante page 423. Although a married woman is not liable on her note except the same be given on the faith and credit and with reference to her separate estate yet a mortgage given by her on her property or her dower interest in her husband's property is good. 8 Neb. 269. SEC. 46. Cited 10 Neb. 482, 513. SEC. 47. See 5 Neb. 302. See also SEC. 19 this chapter. SEC. 50. Cited 6 Neb. 269.
SEC. 47 a. [Record of copy of power of attorney.]-That a duly authenticated copy of the record of any power of attorney recorded in this state shall be entitled to record, and shall operate to all intents and purposes, having the same force and effect, as the record of the original instrument. Such copy shall be deemed duly authenticated only when there shall be attached thereto a certificate of the register of deeds under his hand and official seal, setting forth that the same is a true copy of the original record in his office, the date of the filing of the original instrument, and the volume and page where the same is recorded: Provided, That it shall be unlawful for any register of deeds in this state to give a certified copy of any power of attorney which has been revoked and the revocation thereof filed in his office, without also stating the facts of such revocation in his certificate, and any person violating any of the provisions of this act shall be fined in any sum not exceeding one hundred dollars. [1883, chap. LXIV. Amended 1885, chap. 41.]
SEC. 48. [Married woman-Covenants of husband.]—A married woman shall not be bound by any covenant in a joint deed of herself and husband. [R. S. § 53.]
SEC. 49. [Words of inheritance.]-The term "heirs," or other technical words of inheritance, shall not be necessary to create or convey an estate in fee simple. [R. S. § 52]
SEC. 50. [All interest conveyed.]-Every conveyance of real estate shall pass all the interest of the grantor therein, unless a contrary intent can be reasonably inferred from the terms used. [R. S. § 55.]
SEC. 51. [After acquired interest.-When a deed purports to convey a greater interest than the grantor was at the time possessed of, any after acquired interest of such grantor to the extent of that which the deed purports to convey, shall accrue to the benefit of the grantee; Provided, however, That such after acquired interest shall not inure to the benefit of the original grantor, or his heirs or assigns, if the deed conveying said real estate was either a quit-claim or special warranty, and the original grantor in any case shall not be stopped from acquiring said premises at judicial or tax sale, upon execution against the grantee or his assigns, or for taxes becoming due after date of his conveyance. [Amended 1875, 90.]
SEC. 52. [Estates in futuro.]-Estates may be created to commence at a future day. [R. S. § 57.]
SEC. 53. [Construction of instrument.]-In the construction of every instrument creating or conveying, or authorizing or requiring the creation or conveyance of any real estate, or interest therein, it shall be the duty of the courts of justice to carry into effect the true interest of the parties, so far as such intent can be collected from the whole instrument, and so far as such intent is consistent with the rules of law. [R. S. § 58.]
SEC. 54. [Aliens.]-Any alien may acquire and hold real estate or interest therein, by purchase, devise, or descent, and he may convey, mortgage, and devise the same, and if he shall die intestate, the same shall descend to his heirs; and in all cases such real estate shall be held, conveyed, mortgaged, or devised, or shall descend in like manner and with like effect as if such alien were a native citizen of the United States. [R. S. § 59.]
SEC. 55. [Legal title in mortgagor.]—In the absence of stipulations to the contrary, the mortgagor of real estate retains the legal title and right of possession thereof. [R. S. § 85.]
SEC. 47 a. "An act providing for the recording of a duly authenticated copy of the record of any power of attorney recorded in the county clerk's office of any county of the state."
SEC. 55. The mortgagee has no interest in the property which he can convev by lease. 10 Neb. 302. And see 10 Neb. 428. Covenants running with the land do not pass to the mortgagee as assignee. 11 Neb. 252.
SEC. 56. [Agent.]-Every instrument required by any of the provisions of this chapter to be subscribed by any party, may be subscribed by his agent thereto authorized by writing. [R. S. § 84.]
SEC. 57. [Action to quiet title.]-That an action may be brought and prosecuted to final decree, judgment, or order, by any person or persons, whether in actual possession or not, claiming title to real estate, against any person or persons, who claim an adverse estate or interest therein, for the purpose of determining such estate or interest, and quieting the title to said real estate. [G. S. § 1, 882.]
SEC. 58. [Pleadings - Procedure.]-All such pleadings and proofs and subsequent proceedings shall be had in such action now pending or hereafter brought, as may be necessary to fully settle and determine the question of title between the parties to said real estate, and to decree the title to the same, or any part thereof, to the party entitled thereto; and the court may issue the appropriate order to carry such decree, judgment, or order into effect. [Id. § 2.]
SEC. 59. [Reversioners.] Any person or persons having an interest in remainders or reversion in real estate, shall be entitled to all the rights and benefits of this act. [Id. § 3.]
: SEC. 60. [Costs.]-If the defendant or any one of several defendants, shall appear and disclaim all title and interest adverse to the plaintiff, such defendant shall recover his costs. In other cases the costs shall abide the final decree, judgment, or order in the action. [Id. § 4.]
SEC. 61. [Application of act-Heirs.]-The provisions of this act shall not in any respect apply to the settlement, partition, or division of real estate among the heirs of a decedent, where the same is provided for by the intestate laws of this state. [Id. § 5.]
SEC. 62. [Record of entry on United States lands.]-Whenever any person referred to in the third section of the act of congress entitled "An act. to provide for the location of certain confirmed land claims in the state of Missouri, and for other purposes," approved June 21, 1828 (11 Statutes at Large,294, and 295) has had a private land claim which has not been located and satisfied, has died before making the entry therein authorized of public land, and bis right so to do has been sold by order of the probate court of the county and state of his residence, and the entry of public lands in this state has been made by the purchaser or his grantee, and letters patent of the United States have issued to the original claimant or his legal representative, it shall be competent for the owner of the land under the patentee to cause to be recorded in the book of deeds in the office of the county clerk of the county in which the land is situate, a copy of the proceedings of the said probate court upon which the right of the original claimant was sold as aforesaid, together with the proceedings of the several officers on said sale, which copy shall be duly certified by the clerk of said court or of any court which has succeeded to the jurisdiction of said probate court, and in which the records of said probate court are by law deposited, and the record so made in the county clerk's office shall be taken and held by all courts of this state as evidence of the transfer of the right to make such entry in the land office, and of the title of the purchaser at said probate sale, and his grantees under the said sale to the lands patented as aforesaid, and a copy of the said record in the county clerk's office, certified by that officer, may be read in evidence with the like force and ef-fect as the original papers. [1885, chap. 66.]
SEC. 57. "An act to quiet title to real estate." G. S. 882. Took effect Feb. 24, 1873. A party not in possession must possess the legal title in order to maintain the action. 7 Neb. 376. Even without the statute a court of equity has jurisdiction to set aside a fraudulent conveyance constituting a cloud upon plaintiff's title to real estate owned by him, though not in his actual possession. 10 Neb. 188. Evidence in case stated. 11 Neb. 168. One who claims upon two titles may recover if he establish either. Id. Action lies in favor of lessee of state lands. 15 Neb. 63. Does not lie to remove mortgage given to secure re-payment to the county of county bonds without first paying off mortgage or returning value of bonds. Id. 180. Lies by one having legal title to unimproved lands not in actual possession of defendant. Id. 432. See 16 Neb., 41.
"An act entitled 'An act to provide for the record of certain papers and documents.""
SECTION 1. Public records--Examination.]--All citizens of this state, and all other persons interested in the examination of the public records, are hereby fully empowered and authorized to examine the same, free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business. [R. S. 297. G. S. 883.]
CHAPTER 75.-REFORM SCHOOL.†
SECTION 1. [Location,]-That the "Reform School for Juvenile Offenders" now located and established at Kearney in the county of Buffalo, is hereby recognized and continued as a state reform school for the confinement, discipline, education, employment and reformation of juvenile offenders as herein provided. [1881 § 1, chap. 69.]
SEC. 2. [Officers.]-The board of public lands and buildings shall provide for the instruction of the inmates, and shall appoint a superintendent, a steward, a teacher or teachers, and such other officers as in their judgment the wants of the institution may require, and prescribe their duties. They may appoint and remove officers at their pleasure and determine the salaries to be paid them; Provided, Superintendent's salary shall not exceed fifteen hundred dollars ($1,500.00) per
SEC. 3. [Instruction,]-The board shall cause the boys and girls under their control to be instructed in correct principles of morality, and in such branches of useful knowledge as are adapted to their age and capacity, and in some regular course of labor as is best suited to their age, strength, disposition and capacity, and as may seem best adapted to secure the reformation and future benefit of the boys and girls.
SEC. 4. [Duties of superintendent.]-The superintendent so appointed shall have charge of all the property connected with the institution, and shall keep a complete account of all expenditures, said expenditures to be approved by said board, and shall keep an account of all property intrusted to him, in such manner as the said board may require; his books and documents relating to the school shall at all times be open to the inspection of the said board; he shall keep a register containing the name, age, and circumstances connected with the early history of each boy and girl, and shall add such facts as shall come to his knowledge relating to his or her history while at the institution.
SEC. 5. [Authority of court.]-When a boy or girl under the age of sixteen years, shall, in any court of record in this state, be found guilty of any crime except murder or manslaughter, the court may, if in its opinion the accused is a proper subject therefor, instead of entering judgment, cause an order to be entered that said boy or girl be sent to the state reform school in pursuance to the provisions of this act; and a copy of said order, duly certified by the clerk, under seal of said court, shall be a sufficient warrant for carrying said boy or girl to the school, and for his or her commitment to the custody of the superintendent thereof.
SEC. 6. [Proceedings before justice of the peace-Order to guardian.]-When a boy or girl under the age of sixteen shall be convicted before a justice of the peace or other inferior court of any crime, or being a disorderly person, it shall be the duty of the magistrate before whom he or she may be convicted, to forthwith send such boy or girl, together with all the papers filed in his office on the subject, under the control of some officer to a judge of a court of record, who shall then issue an order to the parent or guardian of said boy or girl, or such person as may have him or her in charge, or with whom he or she has last resided, or one known to be nearly related to him or her, or if he or
*NOTE. Chap. XLIV, R. S. 297 Chap. 62, G. S. 883.
NOTE. "An act providing for the government and maintenance of the state reform school at Kearney. and the trial, commitment, punishment and education therein of juvenile offenders." Approved and took effect March 2, 1881. Acts for erection of new buildings, 1883, chap. LXV. 1885, chap. 67.