shall contain. SEC. 3. The record shall show the metes and bounds what records of all tracts of land surveyed, the courses and distances. of all lines run by the needle and measured, the magnetic variation, and the means taken to locate and establish missing or doubtful corners, together with signs and evidences thereof found, and also what monuments or other marks he may set up or make; he shall also enter the names of the person or persons at whose request the survey was made, the notices given, the persons employed as chain men, or otherwise, in the survey, the owners, occupants and agents who are present of lands adjacent to or affected by the lines run and corners established, the date of each day's survey, and the administration of the oath herein prescribed to each of the chainmen at any time employed in the survey. The record of each survey shall be signed by the county surveyor. oath and quali SEC. 4. The chainmen shall be disinterested persons. Chairman, and shall be approved by the county surveyor, and tication. shall be sworn by him to measure justly and exactly, to the best of their knowledge and ability, all lines measured by them, which oaths the county surveyors are hereby authorized to administer. lines and SEC. 5. All government lines and corners shall be Government established in conformity to the field notes and plats of corners. United States surveyors, and to the instructions of the United States land commissioner heretofore given. It shall not be competent for the county surveyor to take testimony, receive affidavits, or in anywise adjudicate the rights of persons interested, save in the exercise of his professional skill as a surveyor. It shall be the Duties of surduty of the county surveyor to establish suitable and proper mounds, monuments, or other means of denoting the corners of angles in all surveys made by him, and when growing trees are convenient to such corner or angle, he shall mark two or more with a veyors. Acts repealed. blaze and notch, facing the corner or angle, as witness trees to the same, and shall note the courses and distances of each witness tree from the corner or angle, together with the size and kind of tree. SEC. 6. The said act, hereby amended, and all other Gen. Stat. 246. acts and parts of acts inconsistent with this act, are hereby repealed. To take effect. SEO. 7. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved February 27th, A.D. 1879. Non-resident railroad companies may build roads in this State. AN ACT To amend an act entitled "An act to authorize non-resident railroad companies to build roads in Nebraska." Approved, February 12, 1869. Be it enacted by the Legislature of the State of Nebraska: That section one of an act entitled "An act to authorize non-resident railroad companies to build roads in Nebraska," be it amended to read as follows: SEO. 1. That any railroad company heretofore organized under the laws of the states of Kansas, Missouri, Iowa, Minnesota, or territory of Dakota, or any company so organized under the laws of another state, whose road may extend across any one, or part of any one, of these states, or said territory, is hereby authorized to extend and build its road into the state of Nebraska. And such railroad company shall have and possess all the powers, franchises, and privileges, and be subject to the same liabilities of railroad companies organized and incorporated under the laws of this state; Provided, such non-resident company shall first file a true copy of its articles of incorporation, with this secretary of this state, and shall comply with the laws of Nebraska as to filing and recording articles of incorporation, and in all things required by law relating to railroads, and otherwise in this state; and such non-resident railroad company shall keep an office in this state, in some county in which its road is, or is proposed to be, and shall be liable to civil process, to be sued and to sue, as provided by law. SEC. 2. Section one of an act entitled "An act to au- Acts repealed. 1869, 67. thorize non-resident railroad companies to build roads Gen. Stat. 203, in Nebraska," approved February 12, 1869, is hereby repealed. Approved 27th of February, A.D. 1879. AN ACT To amend sections 73, 74, and 75, of chapter forty-three (43), of the revised statutes of 1866, entitled "Real Estate." Be it enacted by the Legislature of the state of Nebraska: goods and chat SECTION 1. That sections seventy-three, seventy-four, and seventy-five of chapter forty-three, of revised statutes of 1866, be amended to read as follows: Section 73. Every mortgage or conveyance intended to operate Mortgage of as a mortgage of goods and chattels hereafter made, to when void. which shall not be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditor of the mortgagor, gage need not be acknowledged. Duties of county clerk. and as against subsequent purchasers and mortgagors in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the county clerk of the county where the mortgagor executing the same resides, or in case he is a non-resident of the state, then in the office of the clerk of the county where the property mortgaged may be at the time of executing such mort-gage, and such clerk shall endorse on such instrument or copy the time of receiving the same, and shall keep Chattel mort the same in his office for the inspection of all persons; and such mortgage or instrument may be so filed although not acknowledged, and shall be valid as if the same were fully spread at large upon the records of the county. Section 74. Such clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instruments, arranging the names of mortgagors alphabetically, and shall note thereon the time of filing such instrument or copy. Such mortgage when satisfied may be discharged by an entry by the mortgagee or his agent on the margin of such index, which shall be attested by the clerk without fee, and the original instrument or copy so filed shall be Mortgage shall returned to the mortgagor. Section 75. Every such mortgage shall cease to be valid as against the creditors of the person making the same, or subsequent purchasers or mortgagees in good faith, after the expiration of five years from the filing of the same or copy thereof. Every such clerk shall be entitled to receive the following fees for services under the provisions of this chapter: For filing such instrument or copy thereof, ten (10) cents; for entering the same in a book, ten (10) cents; and for certified copies of such instruments so filed as aforesaid, for every one hundred words, ten (10) cease to be valid, when. Act repealed. 1877, 51. cents. SEC. 2. An act entitled "An act [to] amend sections seventy-three (73), seventy-four (74), and seventy-five (75), of chapter forty-three (43) of revised statutes of 1866, entitled "Real Estate," approved February 15, 1877, is hereby repealed. Approved, February 27, A.D. 1879. AN ACT To amend section six, chapter twelve, general statutes, entitled "Counties and County Seats," and to repeal section six, chapter twelve, general statutes. Be it enacted by the Legislature of the state of Nebraska: Butler county. SECTION 1. That section six, of chapter twevle, gen- Boundaries of eral statutes, be amended so as to read as follows: "Sec. 6. The county of Butler is bounded as follows: Commencing at the southeast corner of township 13 north, of range four east; thence north to the south bank of the main channel of Platte river, thence along the south bank of the main channel of the Platte river to the northwest corner of township sixteen north, of range one east; thence south to the southwest corner of township thirteen north, of range one east; thence east to the place of beginning." SEC. 2. That section six, of chapter twelve, general Act repealed. statutes, be and the same is hereby repealed. Approved, February 27, A.D. 1879. Gen. Stat. 213. |