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, arry 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; Prorided, 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.

this act, shall not be liable for any money, jewelry, or other valuables of gold or silver, or rare or precious stones, that may be lost, if the same is not delivered to said landlord, hotel or innkeeper, his agent or clerk, for deposit, unless such loss shall occur by the hand, or through the negligence of the landlord, or by a clerk or servant employed by him in such hotel or inn; Provided, That nothing herein contained shall apply to such amount of money and valuables as is usual, common and prudent for any such guest to retain in his room or about his person.

SEC. 3. [Defrauding landlord-Penalty.]-Any person who`shall put up at any hotel or inn and shall procure any food, entertainment, or accommodation, without paying therefor, except where credit is given by express agreement, with intent to cheat or defraud the owner or keeper thereof out of the pay for the same; or who with intent to cheat or defraud such owner, or keeper out of the pay therefor, shall obtain credit at any hotel or inn for such food, entertainment, or accommodation, by means of any false show of baggage or effects brought thereto; or who shall with such intent remove, or cause to be removed, any baggage or effects from any hotel or inn, while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein, shall be punished by imprisonment not exceeding three months, or by a fine not exceeding one hundred dollars.

CHAPTER 40.-INSANE.

SECTION 1. [Location.]-That the hospital for the insane located at Lincoln, in the county of Lancaster, shall be known under the name and by the title of the "Nebraska Hospital for the Insane," and shall be under the charge of three trustees, two of whom shall constitute a quorum for the transaction of business. [G. S. 411.]

SEC. 2-4. [Obsolete.]

SEC. 5. [Government.]-The trustees shall have the general control and management of the hospital; they shall have full power to make all by-laws necessary for the government of the same, not inconsistent with the constitution and laws of this state, and to conduct the affairs of the institution in accordance with the laws and by-laws regulating the same. It shall be the duty of the majority of said board to visit the hospital quarterly, and at said quarterly visits they shall, with the superintendent, examine the accounts of the steward, and certify their approval or otherwise on the page of his monthly balance.

SEC. 6. [Officers.]-The board of trustees, shall appoint, upon the nomination of the superintendent, a steward and matron, who, together with the superintendent and assistant physician, shall be styled the resident officers of the hospital, and shall reside in the same, and be governed and subject to all the laws and by-laws established for the government of the hospital.

SEC. 7. [Property in trust.]-The board of trustees may take and hold in trust, for the hospital, any lands conveyed or devised, and any money or other personal property given or bequeathed, to be applied for any purpose connected with the institution.

SEC. 8. [Record of proceedings.]—The board of trustees shall make a record of their proceedings at all meetings, in a book to be provided for that purpose, and at their annual meeting shall make a report to the governor, of the condition and wants of the hospital, which shall be accompanied by a full and accurate report of the superintendent, and a detailed account of all moneys received and disbursed by the steward.

SEC. 9. [Contracts.]-No trustee or any officer of the institution shall hereafter be directly or indirectly interested in the purchase of building material, or any article of furniture or supply, for the use of the hospital.

SEC. 10. [Governor shall appoint superintendent.]-The governor

NOTE. "An act for the government of the hospital for the insane, defining the legal relations of insane persons, and providing for their care and protection." G. S. 411. Took effect Mar. 3, 1873. Government now vested in board of public lands and buildings. Const. sec. 19, Art. V, and Art. VII. Chap. 83.

of the state shall appoint a superintendent and may appoint an assistant physician of the hospital for the insane, who shall hold their offices for the term of six years, unless sooner removed as hereinafter provided.

SEC. 11. Duties and powers of superintendent.-The superintendent of said institution shall be a physician of acknowledged skill and ability in his profession, and be a graduate of a regular medical college. He shall be the chief executive officer of the hospital, and shall hold his office for the term of six years, unless sooner removed by the governor for malfeasance in office, or other good and sufficient cause. He or the assistant physician must be in daily attendance at the hospital, and in no instance must both be absent at the same time. Before entering upon the duties of his office, he shall take and subscribe an oath or affirmation for the faithful and diligent discharge of the duties required by law. He shall have the entire control of the medical, moral, and dietetic treatment of the patients, and shall see that the several officers of the institution faithfully and diligently discharge their respective duties. He shall employ attendants, nurses, servants and such other persons as he may deem necessary for the efficient and economical administration of the government of the hospital. [Amended 1875, 86.] SEC. 12. [Seal of hospital.-The superintendent shall provide an official seal for the hospital, upon which shall be the words, "Nebraska Hospital for the Insane." He shall make reports to the board of trustees as provided for in section eight (8) of this act.

SEC. 13. [Duties of assistant physician.]-The assistant physician shall be a medical man of such character and qualifications as to be able to perform the ordinary duties of the superintendent during his necessary absence or inabil ity to act; he shall also perform all the duties of hospital steward.

SEC. 14. (Steward.-The steward, under the direction of the superintendent, and not otherwise, shall make all purchases for the hospital where they can be made on the best terms, keep the accounts, make engagements with, pay and discharge those employed in and about the hospital, and have a personal superintendence of the farm, garden, and grounds, and perform such other duties as may be assigned him.

SEC. 15. [Repealed by 1881, 102.]

SEC. 16. Matron.]-The matron, under the direction of the superintendent, and not otherwise, shall have the general supervision of the domestic arrange. ments of the hospital, and do what she can to promote the comfort and restoration of the patients.

SEO 17. Commissioners of insanity.]-In each organized county of the state, there shall be a board of commissioners, consisting of three (3) persons, to be styled, commissioners of insanity, two (2) of whom shall constitute a quorum; the clerk of the district court shall be ex-officio member of such board, and clerk of the same; the other members shall be appointed by the judge of said court; one of them shall be a respectable practicing physician, and the other a respectable practicing lawyer, and the appointments shall be made of persons residing as convenient as may be to the county seat, such appointments may be made during the session of the court, or in vacation; and, if made in vacation, it shall be by written order, signed by the judge and recorded by the clerk of the court. Immediately on the taking effect of this act, the judge shall make the first appointment; he shall then appoint one for one year, and the other for two years; as their respective terms expire, their successors shall be appointed for two (2) years; the appointment of successors may be made at any time within three (3) months prior to the expiration of the term of the incumbent, who shall hold his office until his successor is appointed and qualified. In the temporary absence, or inability to act, of two (2) of the commissioners, the judge of the district court, if present, may act in the room of one of such commissioners; or the commissioner present may call to his aid a respectable practicing physician or lawyer, who after qualifying as in other cases, may act in the same capacity. The record in such case must show the fact of such absence.