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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, regiigence, 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. [Vacancy-Duty of county clerk.]-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 1883, chap. LVIII.]

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 when ever 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. [R. S. 274. G. S. 499.]

CHAP. 62. Chap. XXXIX, R. S. 274. Chap. 50, G. S. 499. Information must be sworn to before judicial officer. 22 Neb. 145. Complaint may be sworn to before clerk of district court. 26 Id. 757.

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CHAPTER 63.-OCCUPYING CLAIMANTS.

SECTION 1. [Improvements paid for before eviction.]-That in all cases where any person claiming title to real estate, whether in actual possession or not, for which such person can show a plain and connected title, in law or equity, derived from the records of some public office, or from the United States or from this state, or derived from any such person by devise, descent, deed, contract, or bond, such person or persons claiming or holding as aforesaid, shall not be evicted or turned out of possession of such real estate, nor shall his claim or title be set aside or canceled by any court in any proceedings brought or commenced by any person setting up and proving an adverse and better title or claim to such real estate, until such person claiming as aforesaid shall be fully paid the value of all lasting and valuable improvements made upon such real estate by such claimant or by those under whom he claims, and also for all taxes and assessments paid upon said real estate by such claimant, and the persons under whom he claims, with interest thereon, at the same rate of interest as provided by law for delinquent taxes, and for all sums of money paid by such occupant or claimant, or those under whom he claims, to redeem such real estate from any sale or sales for non-payment of taxes previous to receiving actual notice by the commencement of suit on such adverse title or claim by which such eviction or cancellation may be had, unless such occupant or claimant shall refuse to pay the person so setting up and proving an adverse and better title the value of such real estate without improvements made thereon as aforesaid, upon the demand of the successful claimant as hereinafter provided. [1883, chap. LIX.]

SEC. 2. [Who deemed occupants-Taxes.]-Any person in possession of or claiming any real estate under a certificate of entry or under the homestead or pre-emption laws of the United States, as well as the persons enumerated in the first section of this act, shall be considered as having sufficient title to demand the value of improvements, and to demand the amount of all taxes and assessments paid by such claimant or those under whom he claims, under the provisions of the first section of this The tax certificates and the tax receipts of the county treasurer shall, for the purposes of this and the preceding section provided, be conclusive evidence of the assessment, levy, and payment of the taxes on such real estate, for the purpose of ascertaining the amount of the taxes paid by such occupant or claimant.

act.

SEC. 3. [Appraisement.]—The court rendering judgment or decree in any case provided for by this act against any occupant or claimant shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated, commanding him to summons three disinterested free-holders of such county, whose duty it shall be to appraise such real estate and the improvements aforesaid at their cash value as hereinafter provided. Such appraisers shall take and subscribe an oath to impartially appraise the said real estate and improvements, which oath shall be filed with the clerk of the court issuing such order. The order thus issued to the sheriff shall be accompanied by written instructions from the court to the appraisers, necessary to carry out the provisions of this act. Such appraisers shall be allowed the same fees and mileage as jurors are allowed in the district court.

CHAP. 63. "An act for the relief of occupants and claimants of real estate and to repeal an act entitled 'An act for the relief of occupants of lands,' approved February 21, 1873." Passed and took effect February 23, 1883. Vendee, under contract providing for forfeiture of improvements, not entitled to benefits of law. 12 Neb. 296. Party not in possession cannot avail himself of benefit of improvements. 14 Neb. 12. Final judgment should be rendered prior to ascertaining value of improvements; party claiming benefits estopped to review original judg ment. 11 Neb. 376. 17 Id. 457. Law does not bar recovery for rents and profits. 12 Neb. 545. Whether under section 5 remedy is exclusive and the failure to object to the verdict of the appraisers within the time fixed by said section is a waiver of the right, quære. 17 Neb. 454. Request by claimant for jury to assess value of improvements, Held, Under facts stated to be made within time, and not too late. 17 Neb. 457. 26 Id. 670. Persons claiming under tax deed entitled to benefit of act. Id. 670. Cause remanded by supreme court to district court with directions to ascertain the value of permanent improvements. 19 Neb., 705, and see 19 Neb., 452. Claimant must be one claiming title in good faith. 35 Id., 670.

SEC. 4. [Same.]-The appraisers shall jointly proceed at once, after service of said order on them, to view the real estate in question. and to assess the value of all lasting and valuable improvements on the same, previous to the party receiving actual notice as aforesaid of said adverse claim. They shall also assess the net annual value of the rents and profits which the occupant or claimant has received after having received notice of the successful claimant's title by service of process, and they shall deduct the amount thereof from the estimated value of the improvements aforesaid. They shall also assess the value of the land in question at the time such occupant went into possession thereof, or such claimant commenced to pay the tax thereon, as the same may be.

SEC. 5. [Report-Objections-New appraisement.]-The appraisers shall make report in writing of their appraisement and deposit the same in a sealed envelope with the clerk of such court, within the time required by the court, and if either party shall think himself aggrieved by such appraisement he may file objections thereto at the term to which the same is returned, if returned in term time, ten days before such term adjourns, and if such report is made in vacation, or if made in term time, less than ten days before such term adjourns, then such objections may be filed on or before the second day of the term next ensuing. Upon the hearing of such objections, if the court is of the opinion that injustice has been done by such appraisement, the same shall be set aside and a new appraisement ordered. New appraisers shall thereupon be summoned and like proceedings had as herein before provided.

SEC. 6. [Judgment.]-If no objections are made to the appraisement, or if made and overruled, the court shall proceed without pleadings to ascertain the amount of taxes paid by the occupant or claimant, with interest as hereinbefore provided for. If the appraisement reported to the court shall show a sum in favor of the occupant or claimant against whom such a decree or judgment is rendered, the amount of taxes and interest as ascertained by the court shall be added thereto, and decree entered therein in favor of such unsuccessful occupant or claimant against the said person proving a better title. Such decree shall constitute and be a lien upon said real estate, but in case the appraisement shall show a balance due the person proving a better title, the amount of such balance shall be deducted from the amount found due the occupant or unsuccessful claimant for taxes and interest, and decree be entered for the difference in favor of such occupant or claimant. If upon the whole finding there shall appear a balance due the successful claimants, judgment shall be rendered in his favor therefor.

SEC. 7. [Final hearing.]—If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimants, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree.

SEC. 8. [Same-Writ of possession.]-If the successful claimant shall elect to pay and does pay to the occupant or claimant the balance found due him on the final hearing within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be entered against such unsuccessful claimant as the case may require.

SEC. 9. [Same.]-If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupants or claimant within such time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and such occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then such successful claimant shall deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimants, or decree shall be entered in his favor as the case shall require.

SEC. 4. Rents and profits subsequent to commencement of ejectment suit. 35 Neb., 660.

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