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SEc. 9. It shall be the duty of the county;” attorney, whenever he shall receive any money in his official capacity, to give to the person paying the same a duplicate receipts, one of which shall be filed by subh person with the county clerk. SEC. 10. Whenever the county attorney is * required by the grand jury of any court sitting in his county, it shall be the duty of said county attorney to attend them for the purpose of examining witnesses in their presence, w or of giving them advice in any legal matter, and to issue supoenas and other writs of process; to bring in witnesses, and to draw up bills of indictment, but he shall not be present with the grand jury when an indictment is being considered and found by said grand jury. SEc. 11. In case of vacancy in the office of Filling vacancy county attorney by death, resignation or otherwise, the county board shall appoint a county attorney, who shall give bond, and take the same oath and perform the same duties as the regular county attorney; and shall hold said office until his successor shall be elected and qualified. SEC. 12. That wherever the term district at- * * torney or prosecuting attorney appears in the “” laws of Nebraska, it shall hereafter mean county attorneys, and all laws now in force regulating the duties of district attorneys in criminal matters and proceedings shall apply to county attorneys herein provided for. SEC. 13. The respective district prosecuting.

attorneys.

attorneys shall hold their respective offices un

til the expiration of their present term as now provided by law, and the said county attorneys are elected and qualified as provided for in

- section one (1) of this act. Acts repealed. SEc. 14. That sections fifteen (15), sixteen (16),

Gen. Stat. 96.

§ot go. seventeen (17), eighteen (18), nineteen (19),

1883, so twenty (20), and twenty-one (21), of chapter seven (7), of the compiled statutes, be and the same are hereby repealed, and all acts and parts of acts inconsistent herewith. Approved March 10th, A. D. 1885.

CHAPTER 41.

AN ACT to provide for the election of registers of deeds, and to define his duties, and fix his compensation. To amend sections 78, 79, 81, 83, 84, 85, 86, 87 and 88 of subdivison one, chapter 18, of the compiled statutes of Nebraska, entitled “Counties and county officers.” To amend sections 11, 15, 16, 19, 22, 23, 24, 26, 27, 28, 40 and 47, of chapter 73, of the compiled statutes of Nebraska, entitled “Real Estate,” as amended by an act approved February 26th, 1883. To amend section 120, of chapter 16, of the compiled statutes of Nebraska, entitled “Corporations.” To annend section 1 of an “An act providing for the recording of a duly authenticated copy of the record of any power of attorney recorded in the county clerk's office, in any county of the state,” approved February 27, 1883.

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

Register to be SECTION 1. That in each county having a elected. population of 1,500 inhabitants or more there shall be elected at the general election in the year 1885, and every four years thereafter, a register of deeds in and for said county, who shall give bond with sureties to be approved

by the county board of such county, in the
sum of $10,000, conditioned upon the faithful
discharge of his duties, and shall assume his
office on the first Thursday after the first
Tuesday in January following his election, and
shall have all the powers and perform all the
duties relative to all papers, writings and in-
struments pertaining to real estate heretofore
enjoined by law upon county clerks, and shall
receive the same compensation therefor, and
shall keep his office at the county seat of the
county in and for which he shall be elected.
SEC. 2. In each county having less than 1,500
inhabitants, and until such register of deeds
shall be elected and qualified therein, the county
clerk shall perform all the duties enjoined by
law upon such officer, and shall be “ex-officio”
register of deeds.
SEC. 3. That section 78 of subdivision one
of chapter 18 of the compiled statutes of Ne-
braska be amended to read as follows:

County clerk

ex-officio.

SEc. 78. The register of deeds shall have Holy 13 Neb., IG9. 1860, 152. R. S. 1866, 44.

the custody of and safely keep and preserve all
books, records, maps and papers kept or de-
posited in his office. He shall also record, or
cause to be recorded, in suitable books, all
deeds, mortgages, instruments, and writings
authorized by law to be recorded in his office,
and left with him for that purpse.
SEC. 4. That section 79 of subdivision one
of chapter 18 of the compiled statutes of Ne-
braska be amended so as to read as follows:
SEC. 79. The register of deeds shall keep an

Gen. Stat.

240.

Comp. Stat.,

185.

:* *" index in his office, the pages of which shall be #####, divided into eight columns, as follows to-wit:

| ... peerine Date of Date of Character of Descript'n Filing. Instrument. Instrument. ** of Tract.

SEC. 5. That section 81 of subdivision one

of chapter 18 of the compiled statutes of Nebraska be amended so as to read as follows:

Endorsement SEC. 81. The register of deeds shall endorse

of instru t. - - - #;" upon every instrument properly filed in his of , oz.

§o fice for record, the minute, hour, day, month, 3. * and year, when it was so filed, and shall forth186. with enter the same in the index herein provided for, and after the same shall have been recorded, the book and page where it may be found shall be endorsed thereon. SEC. 6. That section 83 of subdivision 1 of chapter 18 of the compiled statutes of Nebraska be amended so as to read as follows: Mechanic's SEc. 83. The register of deeds shall also keep

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§o." Lien Record, in which all instruments provid186. ed by law for securing mechanics’ liens shall be recorded. SEC. 7. That section 84 of subdivision 1 of chapter 18 of the compiled statutes of Nebraska be amended so as to read as follows: Numerical SEC. 84. The register of deeds shall keep a

Index.

Gen. Stat., 248. - - -

o # *numerical index as nearly as possible in the SS1, 221. - - o

or stat. following form to-wit:

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Gen. Stat.,240.
§p. Stat., Grantors. Grantees.

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Sec. 8. That section 85 of subdivison 1 of chapter 18 of the compiled statutes of Nebraska be amended so as to read as follows:

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SEC. 85. It shall be the duty of the reg-Entries in nu

merical index.

ister of deeds on receiving any conveyance or

Gen. Stat., 248. 1879, 377.

instrument affecting realty, including mechan-o’ “

ics' liens, to cause such conveyance, instru-
ment, or mechanics’ lien to be entered upon
said numerical index prior to the recording
thereof.
SEC. 9. That section 86 of subdivision 1 of
chapter 18 of the compiled statutes of Nebraska
be amemded so as to read as follows:

SEC. 86. After such instrument has been so o

Gen. Stat., 249. 1879, 377. Comp, Stat.,

indexed the register of deeds shall endorse on
said instrument a certificate showing that the
same has been indexed as herein required, and
shall thereafter record said instrument as pro-
vided by law.
SEC. 10. That section 87 of subdivision 1 of
chaper 18 of the compiled statutes of Nebraska
be amended so as to read as follows:

rsement

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