fully and fully investigate the matter, and for that purpose may subpoena witnesses, and compel their attendance, and the productions of any books or papers, in the same manner as the courts of law of this state may do. After a full investigation of the matter said board shall again make a finding of the facts and make such an order as it may deem just in the premises. If said railroad shall refuse or neglect to comply with such order the board shall order the attorney general or the county attorney of the proper county to institute a suit to compel such railroad company to comply with such order, and it shall be the duty of the attorney general or the county attorney of the proper county, at the request of the board or any person interested in any such order or finding, to apply to the supreme court, or to the district court of any county through or into which its line of road may run, in the name of the state and on the relation of said board, for a writ of mandamus to compel such railroad company to comply with such order; and upon the hearing of any such cause such finding and order shall be as against such railroad company prima facie evidence of the reasonableness of such order and of the necessity of such repairs, changes, additions or improvements or other matters in such order required to be done or omitted.

SEC. 18. [Place of business.]-That the principal office of the board shall be in the city of Lincoln, where its general sessions shall be held; but whenever the convenience of the public, or of the party may be promoted, or expenses prevented thereby, the board may hold special sessions in any part of the state. The board of transportation or any member thereof or either of its secretaries may prosecute any inquiry necessary to its duties in any part of the state, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

SEC. 19. [Reports from common carriers.]-That the board of transportation is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the board may need information. Such annual reports will show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid theron; the cost and value of the carrier's property, franchises and equipments; the number of employees and the salaries paid each class; the amount expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss, and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights or agreements, arrangements, or contracts with other common carriers, as the board may require, and the said board may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the board it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts and the manner in which such accounts shal' be kept.

SEC. 20. [Annual report.]-Said board, shall on or before the first Monday in December of each year, make a report to the governor of their doings for the preceding fiscal year ending June 30. This report shall contain such information and data collected by the board as may be considered of value in the determination of questions connected with the regulation of commerce in the state, together with such recommendation as to additional legislation relating thereto as the board may deem necessary.

SEC. 21. [Extent of act-Exceptions.]-That nothing in this act shall

apply to the carriage, storage or handling of property free or at reduced rates for the United States, or municipal governments cr for charitable purposes, or to and from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of the gospel; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers or employes, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies to their officers and employes or others, and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies. SEC. 22. Powers of secretaries.]-To carry out the provisions of this act without undue burden to the state officers who compose the board of transportation, their secretaries are hereby empowered in all matters of examination or investigation, to perform the duties prescribed for the board themselves; Provided, That all final decisions shall be made by the board themselves.

SEC. 23. Acts repealed.]-That articles five and eight of chapter seventytwo of the Compiled Statutes of Nebraska for 1885, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

ARTICLE IX.-PASSENGER RATES.

SECTION 1. Charges for transportation.]-It shall be unlawful for any railroad corporation operating, or which shall hereafter operate, a railroad in this state to charge, collect, demand or receive for the transportation of any passenger over ten years of age, with baggage, not exceeding two hundred pounds in weight, on any train over its line of road in the state of Nebraska, a sum exceeding three cents per mile. [Amended 1887, chap. 59.]

SEC. 2. Same-Children.-Said railroad corporation shall not charge, collect, demand or receive within the limits above specified for the transportation of any child under ten years old in the care or control of any passenger on any train, a sum exceeding one-half of the rates prescribed in section one of this act.

SEC. 3. Payments on trains.]-Nothing herein shall be construed as to prevent any railroad company from adopting the rule that when the fare is paid on the train the conductor may charge and collect, not to exceed twenty-five cents, in addition to the regular fare, for which he shall give back to such passenger a conductor's check which shall be good for the sum so charged at any station on such road on presentation to the agent of said road.

SEC. 4. Same-Expelling passengers.]-It shall be unlawful for any railroad corporation operating a railroad in this state, to expel or remove from any coach used for conveying passengers over their line of road any persons who offers to pay the regular rate of fare, not to exceed the maximum rate herein fixed for conveying passengers along the line of said road; Provided, Said persons conduct themselves properly while remaining therein.

SEC. 5. [Penalty.-Any railroad corporations violating any of the provisions of this act, shall, upon conviction thereof, forfeit and pay for each offense not less than two hundred dollars nor more than one thousand dollars, such forfeiture to be paid into the school fund of the county in which such forfeiture is imposed, and shall also be liable to the party injured for all damages he or she sustained thereby.

SEC. 6. Act construed.-The term, "railroad corporation," contained in this act shall be deemed and taken to mean all corporations, companies, or individuals now owning or operating, or which may hereafter own or operate any railway in whole or in part in this state, and the provisions of this act shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers up

ART. IX. "An act to regulate railroad corporations in their transportation of passengers and baggage, and to fix a maximum rate of charges, and to provide a penalty for the violation thereof." Took effect June 6, 1885. Section one amended by act entitled "An act to fix the maximum rate of charges for railroad corporations in their transportation of passengers and baggage at three cents per mile, and to amend section 1, of article 9, of chapter 72, of the compiled statutes of Nebraska, entitled Railroads, and repeal said original section." Laws 1887, chap. 59. Took effect July 1, 1887.

on any of the lines of railway in this state (street railways excepted), the same as to railroad corporations hereinbefore mentioned.

ARTICLE X.-TITLE TO REAL ESTATE.

SECTION 1. [Payment-Deed.]-That all railroad companies organized under the laws of this state, which may have heretofore taken, or may hereafter take any of the educational, saline, university, agricultural college, or other lands belonging to the state for right of way, stations, turnout, side tracks or other necessary appurtenances to a railroad, shall be entitled to a deed in fee simple for the land so taken, upon paying into the county treasury of the county where the land is situated the full value of the lands so taken, together with the amount for damages that the state shall sustain, together with the damages to lessee. [1887, chap. 55.]

SEC. 2. [Appraisers.]-For the purpose of ascertaining the value of the lands so taken or to be taken, the county commissioners of the county, or in case the county is acting under township organization, then three supervisors, to be appointed by their chairman, shall constitute a board of appraisers and shall each be entitled to receive the sum of three (3) dollars per day for each day actually employed and ten cents per mile for each mile necessarily traveled, to be paid by the railroad company.

SEC. 3. [Appraisment.]-On application in writing to said board of appraisers by any railroad company desiring the appraisal of any of the lands mentioned in section one, it shall be the duty of said board to carefully inspect and view said land and appraise the value per acre of the lands at the time the same were so taken, together with any damages the state may sustain by reason thereof.

SEC. 4. [Report-Damages.]-The board shall make a report in writing to the county treasurer, of the value of lands so taken, together with the amount of damages, if any, the state may sustain, and on payment of said amounts by the railway company into the county treasury, the county treasurer shall give the same receipt as he is required to give when payment is made of part principal on a contract of purchase, and the county clerk shall transmit a duplicate to the commissioner of public lands and buildings, to be, by him, entered of record as in other cases of payment on educational lands.

SEC. 5. [Plat-Deed.]-The railway company shall file a plat of the land so taken with the commissioner of public lands and buildings, who shall prepare a deed to be executed by the governor, conveying said lands to said company, and the amount of lands so taken shall be marked sold, by the said commissioner, from the section, or part of section, from which it has been sold.

SEC. 6. [Leased or sold lands-Price.]-Where any of the lands desired to be so taken are held under contract of sale or lease, the amount of lands so taken shall be deducted from the total amount mentioned in said contract, and the amount of cash so paid in on contracts of purchase, shall be credited on the contract, first to the payment of the number of acres according to the contract price, and the residue as a payment on the balance of the land; Provided, however, That all damages that may be assessed by reason of injury done to any improvements on said land, or possession thereof, shall be paid to the person holding the contract of purchase or lease; Provided, further, That not more than one hundred (100) feet will be taken for right of way, and not more than twenty (20) acres for all other purposes, on any one tract of six hundred and forty (640) acres; Provided, further, That the lands so taken shall not be sold for less than seven (7) dollars per acre, nor less than the price per acre specified in the contract of purchase.

ARTICLE XI.-SALE OF STATE LAND.

SECTION 1. [Lands heretofore taken.]-Any railway company incorporated under the laws of this state, which shall have constructed its railway or lo

ART. X. "An act to provide the manner in which the title may be acquired by railroad companies, incorporated under the laws of this state, for right of way and other necessary purposes, across the educa tional and other lands of this state." Laws 1887, chap. 55. Took effect March 31, 1887.

ART. XI. "An act to provide for the valuation and sale of state lands, on which any railway company may have located its road, stations or works." 1887, Chap. 57. Took effect July 1. 1887.

cated, or hereafter may construct or locate its grounds for stations, macnine shops, depot grounds, turnouts, sidetracks, warehouses, and other appurtenances to a railroad, incident to its organization, across or on any state lands, as provided by section 105, of chapter 16, of the compiled statutes of Nebraska of 1885, may apply in writing to the board of public lands and buildings, for valuation and conveyance thereof, filing with such application a plat and description of such lands. [1887, Chap. 57.1

SEC. 2. [Appraisement.]-On such application being made the commissioner of public lands and buildings shall cause a copy of such application and plat to be forwarded to the chairman of the board of county commissioners, or supervisors of the county where such lands lie, and it shall be the duty of such county commissioners, or a majority of them, or if the county is under township organization, three of the supervisors to be designated by said board of supervisors or a majority of such designated supervisors, to view the lands so desired to be purchased by such company, and return a true and correct value of such land, under oath, the material facts in v hich return, shall be communicated to such board of county commissioners or supervisors and entered of record in their proceedings.

SEC. 8. [Payment-Deed-Damages.]-After the foregoing proceedings have been had the applicant to purchase shall, within ninety (90) days after such appraisement, pay to the state treasurer the appraised value of such land, and shall then be entitled to receive the deed for the same upon forwarding the proper evidence of such appraisal and receipt of the state treasurer to the commissioner of public lands and buildings; Provided further, That the damage accruing to any occupant or owner or other person, who may reside or have improvements on said land previous to the filing of such plat, or the appraisement of such damages, shall be paid by said railroad company, such damages to be determined either by mutual agreement between the party so owning or occupying said lands, and such railway company, or by appraisement as in other cases.

CHAPTER 73.-REAL ESTATE.

SECTION 1. [Deeds-Execution-Acknowledgment.]-Deeds of real estate or any interest therein in this state, except leases for one year or for a less time, if executed in this state, must be signed by the grantor or grantors, being of lawful age, in the presence of at least one competent witness, who shall subscribe his or her name as a witness thereto, and be acknowledged or proved and recorded as directed in this chapter. [R. S. 280. G. S. 872. Amended 1887, chap. 61.] SEC. 2. [Deeds Acknowledgment.]-The grantor must acknowledge the instrument to be his voluntary act and deed.

SEC. 3. [Acknowledgment before whom.]-The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, or some justice of the peace, or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.

NOTE-Chap. XLIII. R. S. 280. Chap. 61, G. S. 872. Secs. 18, 19, 20, 28 and 30 of the original chapter were substantially re-enacted in 1879, and appear in chapter 18. Secs. 60-84 of the original chapter are transferred and appear in chapter 32.

SEC. 1. The presence of the attesting witness, at the time the instrument is subscribed by the parties thereto, is not essential if he is immmediatly afterwards told by them that such instrument is their agreement, and is by them requested to subscribe the same as a witness. 4 Neb. 121. Weakness of understanding alone not sufficient to avoid a deed. 2 Neb. 116. 4 Id. 117. 6 Id. 484. 12 Id. 418. Deeds of assignment for benefit of creditors must be executed as required by this section. 10 Neb. 513. Semble, A lease need not be. 10 Neb. 605. 15 Id. 170. Taken before notary, and seal attached, no further authentication necessary. 12 Neb. 124. 14 Id. 178. Semble. That in Illinois no witness is required. 12 Neb. 124. One witness required in this state; grantor must acknowledge it to be his voluntary act and deed. Id. Delivery of deed. 8 Neb. 371. 10 Neb. 5,129. Mistake or abbreviation in name of grantee. 7 Neb. 2. Execution by agent. 5 Neb. 304. And see 5 Neb. 174. SEC. 2. Acknowledgment is no part of the deed itself. 7 Neb. 163. "Personally appeared, etc., A. B., Mayor of- -," etc., is a sufficient statement of identity of grantor; it is grantor's deed as mayor, and not his individual deed. Id. 163 164 Functions stated; construed liberally; will be held sufficient although it fails to follow words or forms prescribed. Id. 11 Id. 497. But either the language of the statute or words of like import must be used. 13 Neb. 340. Must be voluntary. 11 Neb. 497. Certificate must so show. 13 Neb. 340. If certificate shows it to be the "voluntary act" of grantor, omission of words "and deed” will not vitiate the instrument. Id. Acknowledgment not necessary to pass title. 12 Neb. 123, 155. Acknowledgment defined. 19 Neb. 211. Certificate cannot be impeached except for fraud, etc. 17 Neb. 119.

SEC. 3. County clerk may take. 2 Nob. 84. [This decision under R. 8., 44. The act was repealed in 1879, but re-enacted in 1983, and prior acts legalized. Ante chap. 18, secs. 90 a. b. 15 Neb. 32.]

SEC. 4. [Same in another state.]-If executed and acknowledged or proved in any other state, territory or district of the United States, it must be executed and acknowlodged or proved either according to the laws of such state, territory or district, or in accordance with the law of this state, and such acknowledgment shall be made before and certified by any officer authorized by the laws of such state, territory or district to take and certify acknowledgments, or by a commissioner of deeds appointed by the governor of this state for that purpose. [Amended 1887, chap. 61.]

SEC. 4 a. [Prior deeds legalized.]—All deeds heretofore executed and acknowledged in accordance with the provisions of this act, shall be and are hereby declared to be legal and valid. [1887 § 4, chap. 61.]

SEC. 5. [Same-Authentication.]-In all cases provided for in section four of this chapter, (if such acknowledgment or proof is taken before a commissioner appointed by the governor of this state for that purpose, notary public, or other officer using an official seal,) the instrument thus acknowledged or proved, shall be entitled to be recorded without further authentication; Provided, That in all other cases, the deed or other instrument shall have attached thereto a certificate of the clerk of a court of record, or other proper certifying officer of the county, district, or state within which the acknowledgment or proof was taken, under the seal of his office, showing the person whose name is subscribed to the certificate of acknowledgment, was at the date thereof such officer as he is therein represented to be; that he is well acquainted with the handwriting of such officer; that he believes the said signature of such officer to be genuine, and that the deed or other instrument is executed and acknowledged according to the laws of such state, district, or territory.

SEC. 6. [Same in foreign country.]-If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge des affairs, commissioner, commercial agent, or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate.

SEC. 7. [Refusal to acknowledge-Proof.] If the grantor die before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refuses to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto, before any officer authorized to take the acknowledgment; and the witness must state upon oath, his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same; and such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.

SEC. 8. [Witnesses to appear.]-The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose aforesaid.

SEC. 9. [Same-Failure-Penalty.]-Every person who, being served with a subpoena, and having been tendered the fees of a witness in a justice's court, shall, without reasonable cause, refuse or neglect to appear, or, appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he shall submit to answer upon oath as aforesaid.

SEC. 5. See sec. 36, this chapter. If a deed is executed and acknowledged in another state before a commissioner of deeds of this state, a notary public, or other officer using an official seal, the law presumes a compliance with the law of the place of execution and no further authentication is necessary, but in all other cases there must be attached the certificate mentioned in the proviso to this section. 4 Neb. 435. A deed executed before a justice of the peace in Virginia, there being no evidence that it was executed and acknowledged according to the laws of Virginia, held, properly excluded. Id. See also 5 Neb. 174. The record of a mortgage executed in another state where the acknowledgment is taken by an officer not using an official seal, and not certified to as required in the proviso is void and inadmissible in evidence against a subsequent purchaser; but if actual notice of the mortgage by the purchaser be shown, the judgment will not be reversed. 10 Neb. 482.