attorney. 393. SEC. 47. The preceding section shall not be Power of construed to extend to a letter of attorney comp. Stat., or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when proved or acknowledged in the manner prescribed in this chapter, may be recorded in the office of the register of deeds of any county in which the real estate to which such power or contract relates may be situated; and when so proved or acknowledged, and the record thereof when recorded, or the transcript of such record may be read in evidence in the same manner and with the like effect as a conveyance recorded in such county. SEC. 23. That section 1 of an act entitled 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 27th, A. D. 1883, be amended so as to read as follows. of attorney. SEC. 1. That a duly authenticated copy Copy of power of the record of any power of attorney record- 1883, 265. ed in this state shall be entitled to record, and shall operate to all intents and purposes, having the same force and effect, as the record of the original instrument. Such copy shall be duly authenticated only when there shall be attached thereto a certificate of the register of deeds under his hand and official seal, setting forth that the same is a true copy of the Record of railway mortga original record in his office, the date of the filing of the original instrument, and the volume and page where the same is recorded; Provided, That it shall be unlawful for any register of deeds in this state to give a certified copy of any power of attorney which has been revoked and the revocation thereof filed in his office, without also stating the part of such revocation in his certificate, and any person violating any of the provisions of this act shall be fined in any sum not exceeding one hundred dollars. SEC. 24. That section 120 of chapter 16 of the compiled statutes of Nebraska entitled corporations, be amended so as to read as follows: SEC. 120. Said mortgages or deeds of trust shall be recorded in the office of the register of deeds of each organized county through which said road mortgaged or deeded may run in this state, or wherever it may hold lands included in said mortgages or deeds of trust, and shall be notice to all the world of the rights of all parties under the same, and for this purpose and to secure the rights of mortgagees or parties interested under deeds of trust so executed and recorded, the rolling stock, personal property, and material necessary for operating the road of said company, belonging to said road and appertaining thereto, shall be deemed a part of the road, and said mortgages and deeds so recorded shall have the same effect both as to notice and otherwise as to the real estate covered by them. have seal. SEC. 25. The register of deeds shall have Register to and keep an official seal, which shall have engraved thereon the name of his county, his official title, and the word Nebraska, and he shall attach an impression of said seal to every certificate made by him except such as are required to be endorsed upon instruments filed in his office for record, and copies of any record in his office certified under his hand and said official seal shall be receivable in evidence in all respects in the same manner as the original records. acknowledge SEC. 26. The register of deeds shall have Power to take power to take acknowledgments and admisister ments. oaths, and to certify the same under his hand and official seal, and may appoint one deputy who shall have all the powers and perform the duties of such register of deeds upon giving bond as provided by law. clause. SEC. 27. That sections 78, 79, 81, 83, 84, 85, Repealing 86, 87, and 88, of subdivision 1, chapter 18, of the compiled statutes; sections 11, 15, 16, 19, 22, 23, 24, 26, 27, 28, 40, and 47, of chapter 73 of the compiled statutes; section 120 of chapter 16 of the compiled statutes; and section 1 of an act entitled 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 27th, A. D. 1883, as heretofore existing, and all acts and parts of acts inconsistent herewith are hereby repealed. Approved March 6th, A. D., 1885. CHAPTER 42. Orders for payment of money. Orders not paid. AN ACT to amend sections fifty (50), fifty-two (52), fifty-four (54), fifty-five (55), and fifty-six (56) of an act entitled "An act to provide for township organization, to define the rights, powers and liabilities of towns, and the duties, powers and compensation of the officers thereof." Approved Februauy 24, 1883. Be it enacted by the Legislature of the State of SECTION 1. That section fifty (50) of an act entitled "An act to provide for township organization, to define the rights, powers and liabilities of towns, and the duties, powers and compensation of the officers thereof," be amended to read as follows: SEC. 50. Orders for the payment of money shall be drawn on the town treasurer, and signed by the town clerk, and countersigned by the supervisor. All claims and charges against the town duly audited and allowed by the town board, shall be paid by orders so drawn. No order shall be drawn on the town treasurer in excess of seventy-five per cent. of the amount of taxes levied for the current year on the property of said town, subject to be expended by said town, unless the money is in the treasury of said town to pay the order so drawn on presentation. When any order drawn as aforesaid is presented to the town treasurer for payment, and is not paid for want of funds, the town treasurer shall endorse on said order, presented and not paid for want of funds, and shall note in a book of registration, to be kept by him for that purpose, the fact of the presentation and non-payment of said order, and said order shall draw interest at seven per cent. per annum from the date of presentation, until there are funds sufficient in the hands of said treasurer to pay the same, after paying all orders drawn against such tax levy presented prior thereto, and said orders shall be paid in the order of their presentation and registration. The money received by the town treasurer as the proceeds of the tax levied in any year, shall be applied first in payment of the orders drawn against said levy, and such levy shall be deemed specifically appropriated, so far as the same may be lawfully expended by said town, to the payment of orders drawn against said levy. value of claim. SEC. 2. That section fifty-two (52) of said act Certificate of be amended to read as follows: SEC. 52. Said board shall make a certificate, to be signed by a majority of said board, specifying the value of the claim, and to whom the amount is allowed, and shall cause said certificate to be delivered to the town clerk of said town, to be by him kept on file for the inspection of all persons, and a statement of the aggregate amount shall be delivered to the supervisor of the town, to be by him laid before the board of supervisors at their regular annual meeting. SEC. 3. That section fifty-four of said act be amended to read as follows: SEC. 54. The moneys necessary to defray Levy of taxes. |
