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rules of the supreme court for the hearing of causes therein from said districts. The clerk of the supreme court shall, before the first day of January of each year, notify each district judge of the times fixed by the supreme court for the hearing of causes from his district. All terms of the district court shall be held at the county seat in the court house, or other place provided by the county board. Terms of court may be held at the same time in different counties in the same judicial district, by the judge of the district court thereof if there be more than one, and upon request of the judge or judges of such court, any term in such district may be held by a judge of the district court of any other district of the state. When necessary, the district court sitting in any county may be continued into and held during the time fixed for holding such court in any other county within the district or may be adjourned and held beyond such time.

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SEC. 2. That said section hereby amended is Act repealed, repealed.

1879, 91. Comp. Stat., 202,

clause.

SEC. 3. An emergency exists so requiring Emergency and therefore this act shall take effect and be in force from and after its passage.

Approved March 4th, A. D. 1885.

CHAPTER 46.

Stay of execution.

6 Neb., 446. 7 Neb., 418. Comp. Stat., 590.

Act repealed. Comp. Stat., 207.

Emergency clause.

AN ACT to amend section, seventeen of chapter twenty of the compiled statutes of the State of Nebraska entitled "Courts-Probate (County)."

Be it enacted by the Legislature of the State of
Nebraska.

SEETION 1. That section seventeen of chapter twenty of the compiled statutes of the State of Nebraska, entitled "Courts-Probate (County)" be amended so as to read as follows:

Section .17. (Stay of execution). Any person against whom a judgment is rendered, on all sums exceeding two hundred dollarsmay have stay of execution in like manner as upon judgments in the district court, and upon the same conditions; and upon all sums of two hundred dollars and under, the same as provided for in actions before justices of the peace.

SEC. 2. That said section seventeen of chapter twenty of the compiled statutes of the State of Nebraska, and all acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed.

SEC. 3. That whereas an emergency exists. this act shall take effect and be in force from and after its passage.

Approved February 27th, A. D. 1885.

CHAPTER 47..

AN ACT to amend section 185 of chapter 23 of the Compiied
Laws of Nebraska, entitled "Decedents;" and to repeal the

same.

Be it enacted by the Legislature of the State of
Nebraska.

SECTION 1. That section one hundred and eighty-five of chapter twenty-three of the compiled statutes of Nebraska, entitled "Decedents," be and the same is hereby amended to read as follows:

SEC. 185. If any person or persons, before Embezzlement the granting of letters testamentary or of administration, shall convert to his or their own use, or shall embezzle, alienate or destroy any of the moneys, goods, chattels or effects of any deceased person, such person or persons shall stand chargeable and be liable to the executor or administrator of the estate of such deceased person, for the value of the moneys, goods, chattels or effects, so converted, embezzled, alienated or destroyed, and for all damages sustained to be recovered by said executor or administrator, for the benefit of such estate, by a civil action in any court of competent jurisdiction, and no property whatever shall be exempt from levy and sale under process issued on the judgment obtained by such executor or administrator in such action.

SEC. 2. That said section, one hundred and Act repealed

Comp. Stat., 234.

Emergency clause.

eighty-five, as heretofore existing, is hereby repaled.

SEC. 3. Whereas an emergency exists this act shall take effect and be in force from and after its passage.

Approved March 5th, A. D., 1885.

CHAPTER 48.

probate of foreign wlll.

AN ACT amending sections one hundred and forty.six (146), one hundred and sixty-one (161), and three hundred and thirty-seven (337) of chapter twenty-three (23) of the compiled statutes of Nebraska, entitled "Decedents."

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That sections one hundred and forty-six (146), one hundred and sixty-one (161), and three hundred and thirty-seven (337) of chapter twenty-three (23) of the compiled statutes of Nebraska, entitled "Decedents," be and the same are hereby amended so as to read as follows:

Proceedings in SEC. 146. If, on hearing the case, it shall appear to the court that the instrument ought to be allowed in this state as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same force and effect as if it had been originally proved and allowed in the same court; Provided, That all decrees heretofore made in this state allowing wills and admitting the

same to probate, under the provisions of this and the two preceding sections, without the previous filing of the copy of the probate mentioned in section one hundred and forty-five (145) of this chapter, shall be as legal and valid and shall have the same force and effect as if such copy had been duly filed prior to the making of such decree and the allowing of such will.

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13 Neb., 150.

SEC. 161 An attested copy of every will Recording will. devising lands or any interest in lands, and of the probate thereof, shall be recorded in the registry of deeds of the county in which the lands thereby devised are situated; Provided, That all conveyances of lands or any interest in lands within this state, which have been heretofore made by any executor prior to the filing of such attested copy, shall be as legal and valid and shall have the same force and effect as if such attested copy had been duly filed prior to the making of such conveyance.

tor.

SEC. 337. An executor or administrator duly Foreign execuappointed in any other state or county, may commence and prosecute any action or suit in any court in this state, in his capacity of executor or administrator, in like manner and under like restrictions as a non-resident may be permitted to sue; Provided, That in case any executor or administrator shall have been appointed in this state, such person only shall be entitled to commence and prosecute actions or suits within this state in his capacity as such executor or administrator.

Comp. Stat.,

SEC. 2. That sections 146, 161, and 337 of Act repealed. chapter 23 of the compiled statutes entitled 229, 231, 251.

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