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notice of such adverse claim was received by such occupying claimant; and then, after taking the amount of one from the other, the balance shall be added to or subtracted from the amount of the value of the improvements which shall have been made before the receipt of the notice aforesaid, as the nature of the case shall require. [R. S. 1845, p. 211, §

49.

57. When improvements exceed value of land. § 57. The commissioners shall also estimate the value of the lands in dispute, exclusive of any improvements that shall have been made thereon, and make report of the amount of such valuation to the court; and if the value of the improvements shall exceed such estimated value of the land in dispute, in that case it shall and may be lawful for the proprietor of the better title to transfer or convey, as the nature of the case may require, his better title to the occupying claimant; and thereupon, judg ment shall be entered up in his favor, against the occupying claimant, for such estimated value, upon which an execution may issue, unless the occupying claimant shall give bond and security, to be approved by the court, to pay the amount of such judgment within one year after the person transferring or conveying, as aforesaid, with interest from the date; which bond shall have the force of a judgment, and if not paid at the expiration of the year, an execution may issue in the manner before directed by this chapter: Provided, that the proprietor of the better title shall, in every such case, at the time of entering up judgment in his favor, give bond and security, to be approved by the court, to the occupying claimant, to refund the amount of such judgment, in case the land so transferred or conveyed shall ever thereafter be taken from him by any other prior or better claim. [R. S. 1845, p. 212, § 50. 58. Commissioners- oath powers. § 58. The persons nominated by the court, by virtue of this act, shall be called commissioners, and shall, respectively, take an oath or affirmation to do equal right to the parties in controversy; and shall also have power and authority to call witnesses, and administer the necessary oaths, and to examine them for the ascertainment of any fact material to the inquiry and assessment by this act directed. [R. S. 1845, p. 212, § 51.

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59. Report of commissioners-compensation-obligation of contracts-rights of claimants. $ 59. The said commissioners, in making every estimate of value, by virtue of this act, shall state, separately, the result of each; and the court shall have power to make such allowance to the said commissioners, in any case, as shall seem just-which allowance shall be taxed and collected as costs: Provided, that this act shall not be extended to affect or impair the obligation [* 451] of contracts, or to authorize the occupying claimant to be twice paid for his improvements; and in all cases where the occupying claimant is paid for his improvements by any other person than the proprietor of the better title, such person shall have the same redress as is allowed to the occupying claimant. [R. S. 1845, p. 212, 52.

60. When commissioners may be appointed without suit. 60. The court shall have the same power to proceed by ap pointing commissioners to assess the value of improvements, and the damages by the commission of any kind of waste, by reduction of soil

by cultivation or otherwise, during the occupancy of the person evicted in case of arbitration, or by consent of the parties, o1 motion, without suit. [R. S. 1845, p. 212, § 53.

61. Stay of waste-security. § 61. Nothing herein contained shall be construed so as to prevent any court from issuing a precept to stay waste, and ruling the party to give bond and security in such manner as such court may think right. [R. S. 1845, p. 213, p. 56. [§ 62, repeal, omitted. See "Statutes," ch. 131, § 5.

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SECTION

166.

128. Vacancy in other State offices. 129. Vacancy in office of senator or representative.

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judges and clerks.

137.

136. Manner of making register, etc. New election district.

176.

177.

178.

names.

179.

Commissioners-selection- qualifications-vacancy.

Removal of complaint-- cause for. Organization of board - officers -oath bond office.

Board provide ballot boxes, etc. Chief clerk powers and duties of. Commissioners to establish election precincts.

General registration of voters. Judges and clerks - appointment and qualifications.

Examination of judges, etc. - confirmation - · rejection -exemp tion refusal to serve-penalty. Appointment and

Judges and clerks to be selected from different political parties. Selection of judges and clerks returned to county court-confirmation-vacancies-removals. Judges and clerks to be notified oath

Registry and polling place in each precinct.

removal

of

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Record of penitentiary convicts

persons pardoned.

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Monthly reports of the dead.

182

List of the dead criminals.

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138. Revising register-second meeting. Proceedings open--corrections, etc. 140. Revising register-addition of new

139.

141. Copies of register-filing-delivery to judges voting-swearing in vote, etc.

142. Entry on register by clerk registered voter penalty. Poll list and register to be filed. Registers open to inspection.

144

145. Compensation.

146. Preserving order.

Fraudulent registration
swearing, etc.

148. Blanks to be furnished.

149. Time when act takes effect.

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