SEC. 35. [Same.]-Every guardian appointed according to the provisions of the preceding section, shall have the same powers, and perform the same duties, with respect to any estate of the ward that shall be found within this state, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed by virtue of this chapter.

SEC. 36. [Bond.]-Every such guardian shall give bond to the judge of probate, in like manner, and with like condition as is hereinbefore prescribed with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and effects as shall come to his hands in this state.

SEC. 37. [Priority of appointment.]-The guardianship which shall be first lawfully granted to any person residing without the state, shall extend to all the estate of the ward within the same, and shall exclude the jurisdiction of the probate court in every other county.

SEC. 38. [Compensation of guardian.]-Every guardian shall be allowed the amount of his reasonable expenses, incurred in the execution of his trust, and shall also have such compensation for his services as the court in which his accounts are settled, shall deem to be just and reasonable.

SEC. 39. [Joint guardians.]-When an account is rendered by two or more joint guardians, the court may in its discretion allow the same, upon the oath of any one of them.

SEC. 40. [Spendthrift.]-The word "spendthrift" in all its provisions relating to guardians and wards, contained in this or in any other statute, is intended to include every person who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness, or debauchery.

CHAPTER 35.-HOME FOR THE FRIENDLESS.*

SECTION 1. [Establishment.]-That a home for the friendless shall be established in the state of Nebraska. [1881 § 1, chap. 52.]

SEC. 2. [Location.]-The location of said home shall be under the supervision of the board of public lands and buildings, and shall be located at the city or town which shall, after duly advertising for bids for its location, donate the largest amount to said home.

SEC. 3. [Appropriation.]-The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general fund of the treasury for the erection of said home.

SEC. 4. [Government.]-The government of said home shall be by and under the supervision of the society of home for the friendless; Provided, That nothing herein contained shall be so construed as to prevent the board of pubuc lands and buildings from establishing rules and regulations for the government of such home in any manner.

CHAPTER 36.-HOMESTEADS.†

SECTION 1. [Exemption.-A homestead not exceeding in value $2,000, consisting of the dwelling house in which the claimant resides, and its appurtenances and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner thereof, and not in any incorporated city or vil

*NOTE. "An act to establish a home for the friendless in the state of Nebraska, and to provide for the erection and location and government of the same." Approved Feb. 28. Took effect June 1, 1881. Laws 1881, 247. NOTE. "An act to provide for the selection, and disposition of homesteads, and to exempt the same from judg ment liens, and from attachment, levy, or sale, upor execution or other process Laws 1879, 57. Took effect Sept. 1, 1879. NOTE, Also, that the provisions of "An act making homesteads subject to execution or order of sale, in cases where the same are mortgaged as security for the payment of money," [G S 403] are superseded by sec. 3 of above act. Decisions relative to homesteads prior to this act. 3 Neb. 176 4 Id. 496, 499. 5 d. 48. 10 Neb. 8. Homesteads on government lands. 2 Neb. 1.3. 3 Id. 461. 5 Id. 264, 267. 6 Id. 366. 7 Id. 185, 422. 10 Id. 324, 602.

lage or instead thereof at the option of the claimant, a quantity of contiguous land. not exceeding two lots within any incorporated city or village, shall be exempt from judgment liens and from execution or forced sale, except as in this chapter provided. [1879, 57.]

SEC. 2. [From what property selected.]-If the claimant be married the homestead may be selected from the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married but is the head of a family, within the meaning of section fifteen, the homestead may be selected from any of his or her property.

SEC. 3. [Subject to execution, when.]-The homestead is subject to execution or forced sale in satisfaction of judgments obtained: First, On debts secured by mechanics', laborers', or vendors' liens upon the premises. Second, On debts secured by mortgages upon the premises, executed and acknowledged by both husband and wife, or an unmarried claimant.

SEC. 4. [How conveyed.]-The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

SEC. 5. [How selected.]-When an execution, for the enforcement of a judgment obtained in a case not within the classes enumerated in section 3, is levied upon the lands or tenements of a head of a family, such head of a family may notify the officer at the time of making the levy of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to such levy, except as otherwise provided in this chapter. The judgment creditor may thereupon apply to the district court in the county in which the homestead is situated, for the appointment of persons to appraise the value thereof.

SEC. 6. [Application for appraisal.]-The application must be made upon a verified petition showing: 1. The fact that an execution has been levied upon property which has been claimed as a homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption.

SEC. 7. [Petition.-The petition must be filed with the clerk of the district court and a copy thereof, with notice of the time and place of hearing, be served upon the claimant at least ten days before the hearing.

SEC. 8. [Appraisement,]-At the hearing, the court, upon proof of the service of such petition and notice, and of the facts stated in the petition, shall appoint three disinterested residents of the county to appraise the value of the homestead, who must take an oath to impartially appraise the same. They must view the premises, and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

SEC. 9. [Report.]-Within ten days, or less, if the court so order, from the time of their appointment, they must make to the court a report in writing, showing the appraised value, and their determination upon the matter of a division of the land claimed.

SEC. 10. [Homestead set off.]-If from the report it appears that the land claimed can be divided without material injury, the court shall, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section one of this chapter, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

SEC. 11. [Sale.]-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. [Proceeds of sale.]-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. [Exemption of surplus.]—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. [Fees of appraisers.]-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. [Head of a family.]-The phrase "head of a family," as used in this chapter, includes within its meaning: First. The husband when the claimant is a married person. Second. 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.

SEC. 16. [Money realized from sale of homestead is exempt.]If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section three, the proceeds of the sale, beyond 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.

SEC. 17. [Homestead succession.]-If the homestead was selected from the separate property of either husband or wife, it vests, on 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.

SEC. 18. [Repealed Laws 1875, 45; Laws 1877, 33; and all acts in conflict with this act.]

SEC. 19. [Provided for act to take effect Sept. 1, 1879.

CHAPTER 37.-ILLEGITIMATE CHILDREN.

SECTION 1. [Proceedings before justice of the peace.]-That on complaint made to any justice of the peace in this state by any unmarried woman resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child which, if born alive may be a bastard, accusing on oath or affirmation any person of being the father of said child, the justice shall take such accusation in writing, and thereupon issue his warrant, directed to the sheriff, coroner, or constable of any county of this state, commanding him forthwith to bring such accused person before said justice, to answer to said complaint; and on return of such warrant the justice, in the presence of the

NOTE. "An act for the maintenance and support of illegitimate children." Laws 1875, 53, sec. 9 of which repealed Chap. 28. G. S. 404. This act took effect Feb. 25, 1875.

SEC. 1. Proceedings should be conducted in the name of the prosecuting witness or, if she refuse, in the name of the county. But where commenced in the name of the state, without objection on that ground until after judgment, objections are waived. 9 Neb. 127.

accused person, shall examine the complainant under oath, respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers, together with every other part of the examination, shall be reduced to writing by the justice of the peace, and if, on such examination, the party accused shall pay or secure to be paid to the complainant, such sum or sums of money or property as she may agree to receive in full satisfaction, and shall further give bonds to the county commissioners of the county in which said complainant shall reside, and their successors in office, conditioned to save such county, free from all charges toward the maintenance of said child, then and in that case the justice shall discharge the party accused out of custody, or [on] his paying the costs of prosecution; Provided, That the agreement aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket. [1875, 53.]

SEC. 2. [Suit by commissioners.]-That, when any woman has a bastard child, and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute to final judgment, the county commissioners in any county interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit, in behalf of the county, against him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child.

SEC. 3. [Recognizance.]-That in case such accused person does not comply with the provisions in the first section of this act contained, the justice to whom such complaint was made shall bind such persons in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than five hundred dollars, nor more than two thousand dollars, for the benefit of the county in which such bastard child shall be born, to answer such accusation, and to abide the order of the court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer such complaint.

SEC. 4. [Renewal of recognizance.]-That if at the time of such court, the woman be not delivered, or be unable to attend, the court shall order the renewal of the bonds of recognizance, that the accused person shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall be able to attend; and the continuance of such bonds shall be entered by order of said court, unless the security shall object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose.

SEC. 5. [Trial-Evidence.]-That when such accused person shall plead not guilty to such charge before the court to which he is recognized, the court shall order the issue to be tried by a jury; and at the trial of such issue the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as a competent witness and her credibility be left to the jury; Provided, always, that no woman shall be admitted as a witness as aforesaid, who has been convicted of any crime which would by law disqualify her from being a witness in any other case; and on the trial of the issue the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also, any variations in her testimony before the justice and that before the jury; and also, any other confession of her, at any time, which does not agree with her testimony, on any other pleas or proofs made and produced on behalf of such accused person.

SEC. 6. [Proceedings if defendant found guilty.]-That in case the jury find the defendant guilty, or such accused person before the trial shall con

SEC. 5. Where an alibi was established by testimony of two credible witnesses in addition to that of the accused, as against the unsupported testimony of the mother, held the verdict should be set aside as being against the evidence. 6 Neb. 307.

SEC. 6. On a verdict of guilty the court should adjudge the accused to be the reputed father of the child, and a failure to do so will render the orders of the court for the support of the child erroneous. 6 Neb. 309.

fess in court that the accusation is true, he shall be judged the reputed father of said child, and shall stand charged with the maintenance thereof in such a sum or sums as the court may order and direct, with payments of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case the said reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, to remain till he shall comply with the order of the court.

SEC. 7. [Bail.]-When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance as required by the fourth section of this act, it shall be lawful for any judge of the district court, or probate judge within his county, to admit such defendant to bail by recognizing him in such sum and with such securities as such judge shall deem proper, conditioned for the appearance of such defendant before the proper court to answer the complaint made, under which he stands charged; and for taking such bail the said judge may by his special warrant, under his hand, require the sheriff or jailer to bring such defendant before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, that in fixing the amount of bail, the judge admitting the same, shall be governed in the amount and quality of bail required by the third section of this act.

SEC. 8. [Warrant for arrest of accused.]-The warrant authorized to be issued by this act, against any accused person, shall authorize and empower the officer to which it is directed, to pursue and take the accused person in any county in this state, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him. SEC. 9. [Repealed act of 1873, G. S. 404.]

CHAPTER 38.-IMPROVEMENTS ON PUBLIC LANDS.*

SECTION 1. [Sale of improvements.]-All contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith, and without fraud, collusion, or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts. [R. S. 186. G. S. 409.]

SEC. 2. [Deeds.]-All deeds of quit-claim, or other conveyance, of all improvements upon public lands, shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises.

CHAPTER 39. - INNKEEPERs.†

SECTION 1. [Notice--Valuables.]-That hereafter every landlord or keeper of a public inn or hotel in this state, who shall constantly have in his inn or hotel an iron safe in good order, and suitable for the safe custody of money, jewelry, or other valuable articles belonging to his guests or customers, shall keep posted conspicuously at the office and in other public rooms or halls of his inn or hotel, notices to his guests or customers, that they must leave their money, jewelry and other valuables with the landlord, his agent or clerk, for the safe keeping, that he may make safe deposits of the same in the place provided for that purpose. [1875 $ 1, 157.]

SEC. 2. [Same-Loss-Liability of landlord.]-That such landlord, hotel or innkeeper as shall comply with the requirements of the first section of

*NOTE.-Chap. XXIX, R. S. 186. Chap. 30, G. S. 409.

SEC. 1. The sale and surrender of a homestead claim on public lands together with improvements thereon, is a good consideration for a promissory note. 7 Neb. 422. SEC. 2. See 2 Neb. 111.

NOTE. "An act concerning innholders or hotel keepers and their guests." Laws 1875, 157. Took effect Feb. 19, 1875.