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CHAPTER 94.

AN ACT to amend Sections 20 and 22, of Article I, Chapter
89 of the Compiled Statute, entitled "Swamp Lands."

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

SECTION 1. That section 20 of article one, chapter 89 of the compiled statutes, entitled "Swamp Lands," be amended to read as follows:

contracts.

SEC. 20. 20. Any Any contract not completed Incompleted within the time specified, shall specified, shall be re-estimated and re-let to the lowest responsible bidder, but not for a sum greater than the estimate, nor a second time to the same party. Provided, The board of commissioners may, for a good cause, extend the time of any contractor not to exceed two years.

SEC. 2. That section 22 of article one, chapter 89, compiled statutes, entitled "Swamp Lands," be amended to read as follows:

Collection.

SEC. 22. Where the commissioners make Assessment. an assessment they shall cause an entry to be Lien. made, directing the clerk to make and furnish to the treasurer a special duplicate with the assessment arranged thereon, as required by their order. The clerk shall retain a copy thereof in his office, and all assessments shall be collected and accounted for by the treasurer; and in case such assessments or any part thereof are not paid by the party or parties owning or controlling the lots or lands against which

Repealing clause.

Comp. Stat., 518, 519.

Emergency clause.

such assessments are made, in the manner contemplated by this act, such assessments shall be and remain a perpetual lien against the premises so assessed; and the county treasurer shall proceed to advertise and sell said lots and lands, or such portion thereof as shall be necessary, to pay said assessment, together with the costs, in the same manner as real estate is now by law advertised and sold by him for the payment of delinquent taxes.

Provided, That the commissioners may extend the time of payment (without interest) of said assessments, to correspond with any extension of time that may be granted to any contractor under the provisions of section one of this act, and in case said assessments are not paid when due, they shall draw ten per cent interest until paid;

And provided further, That the provisions of this act shall apply to all contracts entered into and assessments made, under the provisions of an act entitled "An act to provide for draining" marsh or swamp lands in the state of Nebraska, and to repeal an act entitled An act to drain marsh or swamp lands, passed March 3d, 1873; took effect June 1st, 1873; approved February 28th, 1881, as well as to such contracts and assessments hereafter to be made.

SEC. 3. Sections 20 and 22 of article one, chapter 89, of the compiled statutes, as now existing, are hereby repealed.

SEC. 4. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage.

Approved, March 4th, A. D. 1885.

CHAPTER 95.

An Act to amend Sections 584 and 586 of the Code of Civil
Procedure.

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

in

reverse, etc. 1 Neb., 10.

3 Neb., 372.

re- 4 Neb., 567.

by

5 Neb., 217.

6 Neb., 253.

a

7 Neb., 205. 8 Neb., 96.

9 Neb., 505.

10 Neb., 332,

12 Neb., 342.

SECTION 1. That section 584 of the code of Proceedings to civil procedure be amended to read as follows: 2 Neb., 26. Sec. 584. The proceedings to obtain such versal, vacation, or modification, shall be petition entitled "petition in error," filed court having power to make such reversal, vaca-360. tion, or modification, setting forth the errors com- 13 Neb., 279. plained of, and thereupon a summons shall issue and be served, or publication made, as in the commencement of an action. A service on the attorney of record in the original case shall be sufficient. The summons shall notify the adverse party that a petition in error has been filed in a certain case, naming it, and shall be returnable on or before the first day of the next term of the court, if issued in vacation, and twenty days before the commencement of the term; if issued in term time, or within twenty days before the commencement of the term, it shall be returnable on a day named in said summons. In all cases in the supreme court, if a cause be docketed twenty days or more before the next succeeding term it shall stand for hearing at said term. If less than twenty days intervene the cause shall not stand for trial, except by consent of all the parties thereto, until the

Transcripts. Abstracts of record.

1 Neb., 106, 181, 363.

170.

3 Neb., 186.

4 Neb., 405.

12 Neb., 523.

13 Neb.,

282.

second term after the docketing of said cause, except causes brought before the court in the exercise of its original jurisdiction.

SEC. 2. That section 586 of said code be amended to read as follows:

SEC. 586. The plaintiff in error shall file with his petition a transcript of the proceedings 2 Neb. 10, 66, containing the final judgment or order sought to be reversed, vacated, or modified. And it 6 Neb.. 413 shall be the duty of the plaintiff in error or appellant in the supreme court to deliver to each defendant in error or appellee, or their attorneys of record at least fifteen days before the first day set for the hearing of causes of the district from which such cause is brought, a printed copy of an abstract of the record, setting fort so much thereof only, as is necessary to a full understanding of all questions presented to the court for decision; and six copies of said abstract shall be filed with the clerk at or before the time said cause is called for hearing. If the attorney for the defendant in error or appellee shall deem the abstract of the plaintiff in error or appellant imperfect or unfair, he may, within ten days after receiving the same, deliver to the attorney for the plaintiff in error or appellant one printed copy of such further or additional abstract as he shall deem necessary to a full understanding of the questions presented for decision, and shall likewise, on or before the time for hearing of said cause, deliver to the clerk six copies thereof. It shall be the duty of the supreme court to prescribe and publish such rules of practice

therein, not inconsistent with law, and such forms as may be necessary to carry out the provisions of this section, and for the payment as part of the costs of said cause of the expense of printing said abstracts and such security as may be necessary to be given for the costs thereof. The provisions of this section shall apply to all original causes in which testimony shall be taken by either party.

SEC. 3. Sections 584 and 586 of said code Act repealed. Comp. Stat., 607. are hereby repealed.

SEC 4. This act shall not apply to causes Saving clause. pending in the supreme court at the time of its taking effect.

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

CHAPTER 96.

AN ACT. to amend sections one (1) two (2) and four (4) of an
act entitled, “An act to authorize the use of original bills
of exception and testimony preserved in equity cases, and
making up transcripts and record of cases and proceed-
ings at law and in equity, on removal thereof to the supreme
court, and to provide for the costs incidental thereto," ap-
proved March 1, 1881, so as also to authorize the use of
original bills of exception and testimony in law cases and
to repeal the sections hereby amended.

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

SECTION 1. That section one (1) of an act entitled "An act to authorize the use of original bill of exception and testimony preserved in equity cases, and making up transcripts and record of cases and proceedings at law and in

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