execute the bond hereinafter mentioned, deliver the same to the clerk of the county, qualify, and receive his commission, the clerk shall return such commission to the secretary of state to be cancelled.

SEC. 3. [Bond-Record by county clerk.]-Each person so appointed to the office of notary public shall, within the time limited in section two of this act, appear before the clerk of the county for which he was appointed, and demand the blank bond so transmitted by the secretary of state, and execute and deliver to such clerk a bond for the state of Nebraska, in the penal sum of two thousand dollars, with two securities, residents of such county, who shall severally justify, as hereinafter prescribed, conditioned for the faithful performance of the duties of such office; and such person, so appointed to the office of notary public, shall make oath or affirmation, to be endorsed on such bond, and subscribed by the person appointed before some officer authorized by law to administer oaths, and by him certified thereon, that he will support the constitution of the United States, the constitution of the state of Nebraska, and will faithfully and impartially discharge and perform the duties of the office of notary public. The county clerk shall file and preserve the bond in his office, and record the commission, bond, justification of the sureties, and oath of office, in a book to be kept by him for that purpose, and shall transmit to the secretary of state, written or printed notice that the requirements of this act have been complied with by the person so appointed and commissioned, which notice shall be filed and preserved in the office of the secretary of staté.

SEC. 4. [Sureties on bond-Penalty.]-The justification of sureties on the bond shall be an oath or affirmation endorsed on such bond to the effect that each of said sureties is a resident and freeholder of the county for which such notary public was appointed and is worth at east the sum of two thousand dol lars, over and above all debts and liabilities by him owing, and all property exempt by law from levy or sale on execution, which oath or affirmation shall be subscribed by the sureties, and taken before and certified to by some officer authorized by law to administer oaths, and any person swearing or affirming falsely in this regard, shall be liable to and suffer all the pains and penalties of the statutes of this state, to punish persons for the crime of perjury.

SEC. 5. [Seal-Record of official acts.-Each notary public, before performing any duties of his office, shall provide himself with an official seal, on which shall be engraved the words "Notarial seal," the name of the county for which he was appointed and commissioned, and the word "Nebraska," and in addition, at his option, his name, or the initial letters of his name, with which seal, by impression, all his official acts as notary public shall be authenticated. Each person so appointed and commissioned shall, also, before entering upon the duties of the office, provide himself with an official record, in which shall be recorded all his official acts, together with a copy of the instrument, certificate of protest, and notices and other matter by him acted upon-except the taking of acknowledg ments, and proofs of deeds, and other instruments required by law to be recorded, either in this or other states, affidavits and depositions, and other acts not relating to protests. And the record and seal of such notary public shall be exempt from levy or sale on execution, attachment, or warrant of distraint.

SEC. 6. [Powers-Duties-Certificate.]-Every person, during the term of his office, so appointed, commissioned, and qualified to the office of notary public, is hereby authorized and empowered, within the county for which he was appointed to such office, to administer oaths and affirmations, in all cases; to take depositions, acknowledgments, and proofs of the execution of deeds, mortgages, powers of attorneys, and other instruments in writing, to be used or recorded in this state, to demand acceptance, or payment of any foreign, inland, or domestic bill of exchange, promissory note, or other obligation, in writing, and to protest the same for non-acceptance or non-payment, as the case may be, and give notice to endorsers, makers, drawers, or acceptors, of such demand or nonacceptance, or non-payment; and to exercise and perform such other powers and

duties, as by the law of nations, and according to commercial usage, or by the laws of the United States, or of any other state or territory of the United States, or of any other government, or country, may be exercised and performed by notaries public, and over his signature and official seal certify the performance of such duties, so exercised and performed under the provisions of this act, which certificate shall be received in all courts of this state, as presumptive evidence of the facts therein certified to; and on due proof of the loss of such original certificate, the record thereof, so kept by such notary public as is by this act prescribed, shall be received by all courts in this state as presumptive evidence of the facts therein recorded; Provided, That any person interested in the subject matter of such certificate or record of such certificate, may, by other evidence, contradict the matters and things set forth in such certificates, or in the record thereof.

SEC. 7. [Depositions-Contempts.]-Every notary public, when notice by a party to any civil suit pending in any court of this state, upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with nim, or when a special commission, issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him, is empowered to issue summonses and command the presence before him of witnesses, and to punish witnesses for neglect or refusal to obey such summons, or for refusal to testify when present, by commitment to the jail of the county for contempt; and all sheriffs and constables in his state are hereby required to serve and return all process issued by notaries public, in the taking of testimony of witnesses by commission or deposition.

SEC. 8. [Neglect of duty.]-If any person shall be damaged or injured by the unlawful act, negligence, or misconduct of any notary public, in his official capacity, the person damaged or injured may maintain a civil action on the official bond of such notary public against such notary public and his sureties, and a recovery in such action shall not be a bar to any future action for other causes, to the full amount of the bond.

SEC. 9. [Duties at termination of office-Penalty.]-Each person who holds, or hereafter shall be appointed and commissioned to the office of notary public, shall, within thirty days after the expiration of the term of his office, either by limitation, removal from office, or removal from the county for which he was appointed, enter in his official record a certificate over his hand and notarial seal, setting forth that such record is his official record as such notary public, from the day of the commencement of the term of his office, or other time of the commencement of his records, to the time of the expiration of his office, and deposit such record and certificate aforesaid, in the office of the clerk of the county for which he was appointed notary public, and in the event of his death or removal from this state, such certificate shall be received in all the courts of this state as presumptive evidence that the record in which or to which such certificate shall be entered or attached, was the official record of such notary public; and any person who shall neglect or fail to comply with the provisions of this section, shall forfeit and be liable to pay to the county for which he was appointed and commissioned a notary public, for the use of the school fund, the sum of two hundred dollars, to be recovered in any court of the county having jurisdiction, in the name of the county, upon the relation of the district attorney of the district in which such county shall be situated.

SEC. 10. [Neglect of county clerk-Penalty.-If any county clerk of any county in this state, shall neglect or wilfully refuse to perform the duties imposed on him by this act, or shall wilfully refuse to deliver the commission so issued by the governor to any notary public, after he shall have duly filed the bond required by this act, and qualified, such county clerk shall forfeit and be liable to pay to the county for which such notary public was appointed, for the use of the

school fund, the sum of two hundred dollars, to be recovered as provided in section nine of this act.

SEC. 11. [Abbreviations on seal.]-No deed, mortgage, power of attorney, or other instrument, in writing, heretofore executed and acknowledged, or proven before a notary public, shall be held invalid or defective because the official seal of the notary public subscribing the certificate of acknowledgment, proof, or other official act of such notary public annexed thereto had engraved thereon the initial or abbreviation of any words, or other word or words different from those required to be contained or engraved on the seal of a notary public, by this act.

SEC. 12. [Number-Vacancy.]-Hereafter the number of notaries public shall be limited to three for each one thousand inhabitants in each county, to be estimated upon the basis of six persons to every vote cast for the office of governor, at the state election; Provided, That not less than twelve notaries public may be appointed and commissioned in any county of this state, including the unorganized territory attached to such county for judicial purposes; and whenever a vacancy in the office of notary public shall occur in any county, it shall be the duty of the county clerk to notify the secretary of state of the fact, who shall keep a record in his office of the name of the person appointed, date of his commission and time of its expiration, and the time such office becomes vacant, either by removal from office, removal from the county or limitation of term of appointment; and when a vacancy shall occur in the office of notary public in any county, it shall be the duty of the secretary of state to notify the governor. [Amended 1875, 78.]

SEC. 13. [Fees of secretary and county clerk.]-The secretary of state shall be entitled, for receiving, affixing the great seal to, and forwarding the commission of a notary public, to the sum of one dollar; and the county clerk of the county, to whom the same shall be forwarded, the sum of two dollars on each commission as fee for services under this act, to be paid by the person appointed and commissioned, before the delivery to him of the commission, which fees of the secretary of state shall be transmitted to him by the county clerk, immediately after their receipt by him.

SEC. 14. [Removal for cause Proceedings-Penalty.]-That whenever charges of malfeasance in office shall be preferred to the governor against any notary public in this state, or whenever the governor shall have reasonable cause to believe any notary public in this state is guilty of acts of malfeasance in office, the governor may appoint any disinterested person, not related by consanguinity to either the notary public or person preferring the charges, and authorized by law to take testimony of witnesses by deposition, to notify such notary public to appear before him on a day and at an hour certain, after at least ten days from the day of service of such notice, and summon witnesses in the manner provided by this act, for the taking of testimony of witnesses by deposition, to appear before him, at the time in said notice specified, and take the testimony of such witnesses in writing, in the same manner as is by law provided for taking depositions, and certify the same to the governor, at which time the notary public under charges may appear, cross-examine the witnesses, and produce witnesses in his behalf, which cross-examination and testimony shall be likewise certified to the governor. Upon the receipt of such examination, duly certified in the manner prescribed for taking depositions to be used in suits in the district courts of this state, the governor shall examine the same, and if therefrom he shall be satisfied the charges are substantially proven, the governor may remove the person charged from the office of notary public; and thereupon, within thirty days from such removal and notice thereof, such notary public shall deposit with the county clerk of the county for which he was appointed his commission as notary public, with his official record and certificate thereof, as prescribed by section nine of this act; and on his failure to do so, shall be liable to the penalty and payment of two hundred dollars, to be recovered in the manner provided in said section nine, which commission, on its receipt by the county clerk, shall be forwarded by him

to the secretary of state, to be canceled; and thereafter such person so removed from office shall be forever disqualified from holding the office of notary public; and the fees for taking such testimony shall be paid by the county, at the same rate as fees for taking depositions by notaries public.

SEC. 15. [Obsolete.]

SEC. 16. [Repealed chap. 38, R, S. 270.]

CHAPTER 62.-OATHS AND AFFIRMATIONS.

*

SECTION 1. [Administration.-Oaths and affirmations may be administered in all cases whatsoever by judges of the supreme court, judges of the district courts, clerk of the supreme court, clerks of the district courts within their respective districts, and by probate judges, justices of the peace, and notaries public, within their respective counties.

CHAPTER 63.-OCCUPYING CLAIMANTS.t

SECTION 1. [Improvements paid for before eviction.-That in all cases where any occupying claimant, being in quiet possession of any lands or tenements, for which such person can show a plain and connected title, in law or equity, derived from the records of some public office; or being in quiet possession of, and holding the same by deed, devise, descent, contract, bond or agreement, from and under any person claiming title as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded; or by being in quiet possession of, and holding the same under sale on execution against any person claiming title as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded, or being in possession of and holding any land under any sale for taxes, authorized by the laws of this state, or the laws of the territory of Nebraska, or any person in quiet possession of any land, claiming title thereto, and holding the same in good faith under a deed or sale made by executors, administrators, or guardians, or by any. other person or persons in pursuance of any order of court, or decree in chancery where lands are or have been directed to be sold, and the purchaser or purchasers thereof have obtained title thereto and possession of the same without any fraud or collusion on his, her, or their part, shall not be evicted or turned out of possession by any person or persons, who shall set up and prove an adverse and better title to said lands, until said occupying claimant, his, her, or their heirs, shall be fully paid the value of all lasting and valuable improvements made on said land by such occupying claimant, or by the person or persons under whom he, she, or they may hold the same previous to receiving actual notice, by the commencement of suit on such adverse claim, by which such eviction may be effected, unless such occupying claimant shall refuse to pay the person so getting up and proving an adverse and better title, the value of the land without the improvements made thereon as aforesaid, upon the demand of the successful claimant or his heirs. hereinafter provided. [G. S. § 1, 500.]

SEC. 2. [Occupants under tax title.]- That the title by which the successful claimant succeeds against the occupying claimant, in all cases of lands. sold for taxes, by virtue of any of the laws of this state or the laws of the territory of Nebraska, shall be considered an adverse and better title under the provisions of the first section, whether it be the title under which the taxes were due, and for which said land was sold, or any other claim or title whatever; and the occupying claimant holding possession of lands sold for taxes as aforesaid, having the deed of a county treasurer for such sale for taxes, or a certificate of sale of said land from a collector of taxes or county treasurer, or shall claim under the person or persons who hold such deed or certificate, shall be considered as having sufficient title to said land to demand the value of improvements under the provisions of the first section of this act.

*NOTE.-Chap. XXXIX, R. 8. 274. Chap. 50 G. S. 499.

+NOTE.-"An act for the relief of occupying claimants of lands." Chap. 51, G. S. 500. Took effect May 1 1873.

SEC. 3. [Entry of claim-Jury.]—That the court rendering judgment in any case provided for by this act, against the occupying claimant, shall at the request of either party cause a journal entry thereof to be made and thereupon a jury shall be impaneled by the court in the usual manner provided by law in civil causes.

SEC. 4. [Duty of jury.]-That the jury impaneled as above shall immediately proceed to view the premises in question, and then and there on oath or affirmation assess the value of all lasting and valuable improvements made as aforesaid on the lands in question, previous to the party receiving actual notice as aforesaid of such adverse claim, and shall also assess the damages, if any, which the said land may have sustained by waste, together with the net annual value of the rents and profits which the occupying claimant may have received from the same, after having received notice of the plaintiff's title by the service of process, and deduct the amount thereon from the estimated value of such lasting and valuable improvements, and said jury shall also assess the value of the land in question at the time of rendering judgment as aforesaid, without the improvements made thereon, or damages sustained by waste as aforesaid.

SEC. 5. [Return of jury-New valuation.]-That the jury shall sign and seal their respective assessments and valuation aforesaid, and deposit the same with the clerk of the court, at such time as the court may direct; and if any person shall think himself or herself aggrieved by any such assessment or valuation aforesaid, he or she may apply to the court at the term to which the proceedings are returned; and said court may upon good cause shown, set aside such assessment or valuation, and order a new valuation and impanel a new jury as hereinbefore provided, [and] shall proceed in the same manner herein before directed.

SEC. 6. [Judgment for plaintiff-Mesne profits barred.]—That if the jury shall report a sum in favor of the plaintiff or plaintiffs in ejectment on the assessment and valuation of the valuation and lasting improvements, and the assessment of damages for waste, and the net annual value of the rents and profits, the court shall render a judgment therefor without pleadings and issue execution thereon as in other cases; or if no excess be reported in favor of the plaintiff or plaintiffs, then in either case the plaintiff or plaintiffs in ejectment shall be thereby barred from having or maintaining any action for mesne profits.

SEC. 7. [Rights of successful claimant.]-That if the jurors shall report a sum in favor of the occupying claimant or claimants on the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, if any, sustained by waste, together with the net annual value of the rents and profits which the defendant or defendants may have received, after the commencement of the action of ejectment as aforesaid, the successful claimant or his heirs or the guardian of such heirs, they being minors, may at his, her, or their election, either demand of the occupying claimant the value of the land without improvements, so as aforesaid assessed, and tender a deed of the land in question to the occupying claimant; or he, she, or they, may pay the occupying claimant the sum allowed by the jury in his favor within a reasonable time, as the court shall allow.

SEC. 8. [Same-Writ of possession.]-That if the successful claimant or his heirs, or the guardians of such heirs, they being minors, shall elect to pay and do pay to the occupying claimant the sum so reported in his favor by the jury, within such reasonable time as the court have allowed for the payment, then a writ of possession shall issue in favor of said successful claimant, his heirs or the guardians of such heirs.

SEC: 9. [Same.]--That if the successful claimant, his heirs, or the guardians of such heirs, they being minors, shall elect to receive the value of the lands, without improvements so as aforesaid assessed to be paid by the occupying claimant within such reasonable time as the court may allow, and shall tender a general warranty deed of the land in question conveying such adverse and better title,