When sold. Proceeds of sale. Surplus from sale. Fees of apprais ers. Head of family defined. SEC. 11. If from the report it appears to the court that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption. SEC. 12. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution. SEC. 13. The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant, which the law gives to the homestead. SEC. 14. The appraisers shall receive the same fees as jurors, in civil cases in the district court, which, with all other costs of these proceedings, must be paid by the execution creditor in the first instance, but in the cases provided for in sections ten and eleven, the amount paid must be added as costs on execution, and collected accordingly. SEC. 15. The phrase "head of a family," as used in this chapter, includes within its meaning: 1. The husband, when the claimant is a married person. 2. Every person who has residing on the premises with him or her, and under his care and maintenance, either : 1. His or her minor child, or the minor child of his or her deceased wife or husband. 2. A minor brother or sister, or the minor child of a deceased brother or sister. 3. A father, mother, grandfather or grandmother. 4. The father, or mother, grandfather or grandmother of a deceased husband or wife. 5. An unmarried sister, or any other of the relatives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves. stead. SEC. 16. If the homestead be conveyed by the claim- Exemption after disposiant, or sold for the satisfaction of any lien mentioned tion of homein section three, the proceeds of such sale, beyoud the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled for the period of six months thereafter to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. And the sale and disposition of one homestead shall not be held to prevent the selection or purchase of another as provided in this chapter. Homestead succession; how SEO. 17. If the homestead was selected from the separate property of either husband or wife, it rests, on governed. the death of the person from whose property it was selected, in the survivor for life, and afterwards in his or her heirs forever, subject to the power of the decedent to dispose of the same except the life estate of the survivor by will. In either case it is not subject to the payment of any debt or liability contracted by or existing against the husband and wife or either of them, previous to or at the time of the death of such husband or wife, except such as exists or has been created under the provisions of this chapter. Acts repealed 1875, 45. SEC. 18. An act to exempt the homesteads of families from attachment, levy or sale, upon execution or other process issuing out of any court in the state of 1877, 33, 34. Nebraska, approved February 25, 1875; "An act to Gen. Stat's, 403, exempt homesteads from judicial sale," approved Feb. 616. 19, 1877, and all acts and parts of acts in conflict with the provision of this act are hereby repealed. SEC. 19. This act shall take effect and be in force from and after the first day of September, 1879. Approved, February 26th, A.D. 1879. To take effect. GENERAL LAWS. PART II. CRIMINAL CODE. When judge may designate accused to be indicted and tried. AN ACT To authorize the judge of the district court to designate the county where an indictment may be found, and the person tried for any felonious offense charged to have been committed in any unorganized county or territory of this state, or in any county where no district courts are held, and to provide for the payment of fees and expenses incurred in the arrest and prosecution of such persons, and to repeal an act entitled "An Act to authorize the judges of the district court to designate the county where an indictment may be found, and the person tried for any felonious offense charged to have been committed in any unorganized county or in any county where no district courts are held," approved February 25, 1875. Be it enacted by the Legislature of the state of Nebraska: SECTION 1. That it shall be lawful for the judge of county where any judicial district court within the state of Nebraska, where it has been made to appear to him that a crime has been committed amounting to felony, within any unorganized county or territory, or in any county where no terms of the district court of this state are held, at Change of venue. tached to or in his said district for judicial or other purposes, to designate the county in his district wherein the alleged offense may be inquired into by the grand jury, and in case an indictment found, the person or persons so indicted, tried: Provided, nothing herein shall prevent the person or persons indicted, upon legal and proper application, removing the trial thereof to some other county in the same judicial district; and, provided further, that all costs and expenses for the arrest and prosecution of such person or persons shall be paid out of the general fund of the state; and, provided Costs paid by further, that no bill for costs or expenses shall be audited and paid without the certificate of the presiding judge of said district, that said services have been performed, and that the account is correct. State. 1875, 31. SEC. 2. Sections one and two of an act entitled "An Act repealed Act to authorize the judges of the district court to designate the county where an indictment may be found, and the person tried for any felonious offense charged to have been committed in any unorganized county, or in any county where no district courts are held," approved February 25, 1875, are hereby repealed. SEC. 3. There being an emergency for the taking effect of this act, the same shall take effect and be in force from and after its passage. Approved, February 24, a.d. 1879. To take effect. Tramp defined. Begging by Relating to and to punish tramps. Be it enacted by the Legislature of the State of Nebraska: SECTION 1. Any person going about from place to place and asking or subsisting on charity, shall be taken and deemed to be a tramp. SEC. 2. Any tramp who shall ask and receive from tramp, penalty. any person of any precinct, town, village, or city within this state any food, clothing, lodging, or other assistance, may be requested by such person, in his or her discretion, to perform a reasonable amount of labor therefor, and any such tramp who shall refuse to perform any such labor when so requested shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than three dollars nor more than twenty dollars and cost of prosecution, and shall stand committed until the same is paid, but not exceeding one day for each dollar of fine; or may be imprisoned in the county jail, at hard labor, not less than three days nor more than twenty days, in the discretion of the court; but no such tramp shall be required to perform any such labor before six o'clock in the morning, or after six o'clock in the evening. Torts by alty. SEC. 3. Any tramp who shall wilfully and malitramps, pen- ciously do any injury to any person, or to the property, real or personal, of any person, or who shall procure food, clothing, or other property from any person by |