fore, this act shall take effect and be in force CHAPTER 98. An Act to amend Section seven hundred and ninety-seven, and seven hundred and ninety-eight of the Code of Civil Procedure, Compiled Statutes of 1881, concerning adoption of children, and to repeal said original sections. Be it enacted by the Legislature of the State of SECTION 1. That section seven hundred and ninety-seven of code of civil procedure, compiled statutes of 1881, be amended to read as follows: adopt child. SEC. 797. The parents, guardians, or other Proceedings to person or persons having lawful control or custody of any minor child, may make a statement ment in writing before the county judge of the county where the person or persons desiring to adopt such child reside, that he, she, or they voluntarily relinquish all right to the custody of and power and control over such child (naming him or her), and all claim and interest in and to the services and wages of such child, to the end that such child shall be fully adopted by the party or parties (naming them) desiring to adopt such child, which statement shall be signed and sworn to by the party making the same, before said county judge, in the presence of at least two witnesses, and the person or persons desiring to adopt such child, shall also make a statement in wrinting, to the effect that he, she, or they freely and voluntarily adopt such child, (naming him or her) as their own, with such limitations and conditions as shall be agreed upon by the parties, which said statement shall also be signed and sworn to by the parties making the same before said county judge, in the presence of at least two witnesses; but when such child is an inmate of "The Home for the Friendless," or of any orphans' home organized under st the laws of this state, and has been voluntarily surrendered in writing by its parents or guardians, for the purpose of adoption, to the directors or trustees of the "Society of the Home for the Friendless," or of such orphans' home. or has no father or mother living, or has been previously abandoned by its parents or guardians, or left in any such charitable institution for four months without being claimed, then the written consent of the president of the board of directors or trustees of said society, or of such orphans' home, shall be given to such adoption signed in the presence of any county judge of this state and certified by him to the county judge of the county where the person or persons desiring to adopt such child reside, which shall be received in the place of the relinquishment as herein required; Provided, In all cases where such child shall be of the age of fourteen years and upward, the written consent of such child shall be necessary to the validity of such proceeding; And provided further, Whenever it shall be desirable the party or parties adopting such child may, by stipulations to that effect in such statement, adopt such child and bestow upon him or her equal rights, privileges, and immunities of children born in lawful wedlock, and such statement or consent shall be filed with and recorded by said county judge in a book kept in his office for that purpose. SEC. 2. That section seven hundred and ninety-eight of the code of civil procedure, compiled statutes of 1881, be amended to read as follows: SEC. 798. And such county judge shall appoint raring. a time and place for the hearing of said matter. Comp. Stat., SEC. 3. That sections seven hundred and Act repealed. ninety-seven, and seven hundred and ninety-622. eight of the code of civil procedure, compiled statutes of 1881, are hereby repealed. Approved March 5th, A. D. 1885. CHAPTER 99. AN ACT to amend section 1017 of the Code of Civil Proced ure. Be it enacted by the Legislature of the State of not allowed. SECTION 1. That section 1017 of the Code of Appeals when Civil Procedure be amended so as to read as follows: Appeals in the following cases shall not be allowed. Act repealed. Comp. Stat., $647. First. On judgments rendered on confession. Second. In jury trials, where neither party claims in his bill of particulars a sum exceeding twenty dollars. Third. In trials of the right of property under the statutes, either levied upon by execution or attached. SEC. 2. That section 1017 as now existing, and all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. Approved March 5th, A. D. 1885. CHAPTER 100. An Act to amend section 1050 of chapter 12, of the Compiled Be it enacted by the Legislature of the State of SECTION 1. That section 1050 of chapter 12 of the compiled statutes entitled "Justices of the peace" is hereby amended to read as follows: SEC. 1050. The stay of execution hereby austayed. thorized shall be graduated as follows, namely: First. On any judgment for $10.00 and under the stay, shall be for sixty days. Time that exe cution may be Second. On any judgment exceeding $10.00, and under $50.00, the stay shall be for ninety days. Third. On any judgment exceeding $50.00, and under $100.00, the stay shall be for six months. Fourth. On any judgment exceeding $100.00, and not exceeding $200.00, the stay shall be for nine months. Fifth. Where judgment is rendered against a surety and he takes a stay thereon, and he obtains a judgment against the principal, stay of execution must be allowed on the judgment against the principal only so long that the stay will expire one month before that allowed to the surety on the judgment against him. Comp. Stat., SEC. 2. That said section 1050 and all acts Act repealed. and parts of acts inconsistent with the provis- 651. ions of this act, be and the same are repealed. hereby SEC. 3. That, whereas, an emergency exists, Emergency this act shall take effect and be in force from and after its passage. Approved February 25, A. D. 1885. clause. CHAPTER 101. AN ACT for an act to amend section twelve (12), of chapter four (4), of the Criminal Code of the Compiled Statutes of the State of Nebraska, and to repeal said section. Be it enacted by the Legislature of the State of SECTION 1. That section twelve of chapter four of the Criminal Code of the compiled statutes of Nebraska entitled "Violence to per |