money.. SEC. 9. It shall be the duty of the county Receipt for 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 such person with the county clerk. jury. SEC. 10. Whenever the county attorney is Attend grand 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, or of giving them advice in any legal matter, and to issue supœnas 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. county SEC. 12. That wherever the term district at- Applies to torney or prosecuting attorney appears in the attorneys. 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. attorneys. SEC. 13. The respective district prosecuting District attorneys shall hold their respective offices un Acts repealed. Gen. Stat. 96. 1867, 48. Comp. Stat. 66. 1883, 87. 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. SEC. 14. That sections fifteen (15), sixteen (16), seventeen (17), eighteen (18), nineteen (19), twenty (20), and twenty-one (21), of chapter seven (7), of the compiled statutes, be and the same are hereby repealed, and all acts and parts of acts inconsistent herewith.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. Register to be elected. CHAPTER 41. AN ACT to provide for the election of registers of deeds, Be it enacted by the Legislature of the State of SECTION 1. That in each county having a 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 instruments 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. ex-officio. SEC. 2. In each county having less than 1,500 County clerk 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 Nebraska be amended to read as follows: SEC. 78. The register of deeds shall have Have custody and record. 1860, 152. Comp. Stat., the custody of and safely keep and preserve all 12 Neb. 169. books, records, maps and papers kept or de- Gen. Stat. 240. posited in his office. He shall also record, or 185." 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 Nebraska be amended so as to read as follows: SEC. 79. The register of deeds shall keep an index in his office, the pages of which shall be Grantors. Grantees. Date of Date of Character of Book. Page. Descript'n Endorsement of instrument. 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: SEC. 81. The register of deeds shall endorse upon every instrument properly filed in his office for record, the minute, hour, day, month, Gen. Stat. 240. and year, when it was so filed, and shall forth Comp. Stat., 186. Mechanic's lein record. 1855, 166. R.S. 1866, 359. with enter the same in the index herein pro- SEC. 6. That section 83 of subdivision 1 of SEC. 83. The register of deeds shall also keep a separate book to be called the Mechanics' Gen. Stat. 240. Lien Record, in which all instruments provided by law for securing mechanics' liens shall be recorded. Comp. Stat., 186. Numerical Gen. Stat., 248. 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: SEC. 84. The register of deeds shall keep a numerical index as nearly as possible in the Comp. Stat., following form to-wit: 1879, 377. 1881, 221. 186. 10 Neb., 584. i 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: merical index. 1879, 377. 186. SEC. 85. It shall be the duty of the reg- Entries in nuister of deeds on receiving any conveyance or Gen. Stat., 248. instrument affecting realty, including mechan- Comp. Stat., ics' liens, to cause such conveyance, instrument, 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: of index. 1879, 377. 186. SEC. 86. After such instrument has been so Endorsement indexed the register of deeds shall endorse on Gen. Stat., 249. said instrument a certificate showing that the Comp. Stat., same has been indexed as herein required, and shall thereafter record said instrument as provided 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: |
