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things sold, mortgaged or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith; and shall be conclusive evidence of fraud, unless it shall be made to appear on the part of the persons claiming under such sale or assignment, that the same was made in good faith, and without any intent to defraud such creditors or purchasers.

SEC. 12. [Creditors.]-The term "creditors," as used in the last section, shall be construed to include all persons who shall be creditors of the vendor or assignor at any time whilst such goods and chattels shall remain in his possession, or under his control.

SEC. 13. [Exception.]-Nothing contained in sections ten and eleven shall be construed to apply to contracts of bottomry or respondentia, nor to assignments or hypothecations of vessels or goods at sea, or in foreign ports, or upon the waters of a navigable stream, if the assignee or mortgagee shall take possession of such vessels or goods as soon as may be after the arrival thereof.

SEC. 14. [Chattel mortgage.]-Every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditor of the mortgager, and as against subsequent purchasers and mortgagers in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the county clerk of the county where the mortgager executing the same resides, or in case he is a non-resident of the state, then in the office of the clerk of the county where the property mortgaged may be at the time of executing such mortgage, and such clerk shall endorse on such instrument or copy the time of receiving the same, and shall keep the same in his office for the inspection of all persons; and such mortgage or instrument may be so filed, although not acknowledged, and shall be valid as if the same were fully spread at large upon the records of the county. [1879, 107.]

SEC. 15. [Index.]—Such clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instrument, arranging the names of such mortgagors alphabetically, and shall note thereon the time of filing such instrument or copy. Such mortgage when satisfied shall be discharged by an entry by the mortgagee, his agent or assignee on the margin of such index which shall be attested by the clerk without fee; Provided also, That the county clerk may discharge a mortgage on the presentation or receipt of an order in writing signed by the mortgagee thereof and attested by a justice of the peace or some officer with a seal. Any mortgagee, assignee or their legal personal representatives after full performance of the conditions of the mortgage, who for the space of ten (10) days after being requested shall refuse, or neglect to discharge the same as provided in this section, shall be liable to the mortgagor, his heirs, or assigns in the sum of fifty ($50) dollars damages; and also for all actual damages sustained by the mortgagor, occasioned by such neglect or refusal, said damages to be recovered in the proper action. [Amended 1885, chap. 53.]

SEC. 16. [Ceases to be valid in five years.]-Every such mortgage shall cease to be valid as against the creditors of the person making the same, or subsequent purchasers or mortgagees in good faith, after the expiration of five years from the filing of the same copy thereof. Every such clerk shall be entitled to receive the following fees for services under the provisions of this chapter: For filing such instrument or copy thereof, ten (10) cents; for entering the same in a book, ten (10) cents; and for certified copies of such instruments so filed as aforesaid for every one hundred words, ten (10) cents. [1879, 108.]

SEC. 12. Cited 12 Neb. 586. SEC. 14. Mortgage between parties good though not written. 8 Neb. 4. Good between parties though not recorded. 11 Neb. 496. Failure of clerk to index does not render mortgago void. 11 Neb. 502. Filing only required when mortgagor retains possession. 15 Neb. 54. Object of filing

stated.

16 Neb. 461.

GENERAL PROVISIONS.

SEC. 17. [Agreements to defraud.]-Every conveyance or assignment, in writing or otherwise, of any estate or interest in lands, or in goods or things in action, or of any rents or profits issuing therefrom, and every charge upon lands goods or things in action or upon the rents and profits thereof, made with the intent to hinder, delay, or defraud creditors or persons of their lawful rights, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, or decree or judgment suffered, with the like intent as against the person so hindered, delayed, or defrauded, shall be void.

SEC. 18. [Grants or assignments.]-Every grant or assignment of any existing trust in lands, goods, or things in action, unless the same shall be in writing, subscribed by the party making the same, shall be void.

SEC. 19. [Void as to heirs, etc.]-Every conveyance, charge, instrument, or proceeding declared to be void, by the provisions of this chapter, as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives or assignees of such creditors or purchasers.

SEC. 20. [Fraudulent intent.]-The question of fraudulent intent in all cases arising under the provisions of this chapter, shall be deemed a question of fact, and not of law, and no conveyance or charge shall be adjudged fraudulent, as against creditors or purchasers, solely on the ground that it was not founded on a valuable consideration.

SEC. 21. [Title of purchasers.]—The provisions of this chapter shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

SEC. 22. [Lands.]-The term "lands," as used in this chapter, shall be construed as co-extensive in meaning with "lands, tenements, and hereditaments," and the terms "estate and interest in lands," shall be construed to embrace every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands as above described.

SEC. 23. [Conveyance.]-The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing (except a last will and testament) whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.

SEC. 24. [Consideration.]-The consideration of any contract or agreement, required by the provisions of this chapter to be in writing, need not be set forth in the contract or agreement, or in the note or memorandum thereof, but may be proved by any other legal evidence.

SEC. 25. [Agents.]-Every instrument required by any of the provisions of this chapter to be subscribed by any party, may be subscribed by his agent, thereunto authorized by writing.

SEC. 26. [Contracts, etc., to be in writing.]—That no sale, contract or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any purchaser or judgment creditor of the vendee or lessee in actual possession, obtained in pursuance of such sale, contract or lease without notice, unless the same be in writing, signed by the vendee or lessee, and a copy thereof filed in the office of the clerk of the county, within which such vendee or lessee resides; said copy shall have attached thereto an affidavit of such vendor or lessor, or his agent or attorney, which shall set forth the names of the vendor and vendee or lessor and lessee, or description

SEC. 17. Cause of action under this section how stated: 7 Neb. 434. Effect of vendee participating in fraud of vendor; bona fide purchaser protected: 6 Neb. 99. See 7 Id. 24 and chap. 6. ante. SEC. 20. Question of fraudulent intent one of fact for jury: 4 Neb. 171 6 Id. 99. 12 Id. 586. 13 Id. 33. Otherwise if illegality appears on face of the instrument: 6 Neb. 219, 400. Intent must be plead: 12 Neb. 586. 13 Id. 33. 14 Id. 292.

SEC. 23. Cited 14 Neb. 292. SEC. 25. Cited 1 Neb. 52. 3 Id. 213.

of the property transferred and the full and true interest of the vendor or lessor therein. All such sales and transfers shall cease to be valid against purchasers in good faith or judgment or attaching creditors without notice at the expiration of five years, unless such vendor or lessor, shall, within thirty days, prior to the expiration of the five years from the date of such sale or transfer, file a copy thereof verified as aforesaid in the office of said clerk, and the said vendor or lessor may preserve the validity of his said sale or transfer of personal property by an annual refiling in the manner as aforesaid of such copy. [1879 § 1, 102.]

SEC. 27. [Index.]-The county clerk, on presentation, shall file such copy in his office, and index the same in the same manner as chattel mortgages are required to be indexed, and he shall receive therefor a fee of twenty-five cents. This act shall not be held to apply to chattel mortgages. [Id. § 2.]

SEC. 28. [Fraudulent transfer.]-If any person or persons in this state, with intent to cheat or defraud his creditors or any of them, or with a fraudulent intent to hinder or delay his creditors or any of them, in the collection of his or their demands, shall sell, transfer, secrete, encumber, or in any way fraudulently dispose of any of or all of his goods, wares, merchandise, chattels, bills receivable, choses in action, or property of any kind, or who, upon any sale of any goods, wares merchandise or property of any kind, with a fraudulent intent to hinder or delay or to cheat or defraud his creditors or any of them, shall secrete, assign,'" transfer, conceal, or in any way fraudulently dispose of all or any part of the proceeds of any such sale of any property, he or they shall be deemed guilty of a fraudulent transfer of property, and upon conviction thereof shall be punished in the same manner and to the same extent as if he had been convicted of the larceny of the same property. [1883, chap. XLVI.]

CHAPTER 33.-GRASSHOPPERS.

SECTION 1. [Destruction.]-That the supervisors of each road district in this state shall, at the time when the grasshoppers shall have been hatched out and before the same shall become full fledged and able to fly, notify each ablebodied male resident of his district, between the ages of sixteen and sixty years, to perform two days labor, at such time and at such place, and in such manner, as shall by said supervisor be deemed most efficient in the destruction of the grasshopper. Said notices shall be given in the same manner as is provided by law, for the notice to work upon the public highways. [1877 § 1, 154.]

SEC. 2. [In cities.]-Cities of the first and second class shall be governed by the provisions of this act; and it shall be the duty of the mayor of such cities, to appoint, not exceeding two supervisors for each ward, to oversee the labor to be performed under the provisions of this act.

SEC. 3. [Additional labor.]-In case it shall appear that two days work is not sufficient to destroy the grasshoppers in any district or ward, and it shall further appear that more time can be profitably employed in the destruction of the grasshopper, the supervisors of such ward or road district may require from the persons liable to the provisions of this act, not exceeding ten days labor in addition to the time hereinbefore mentioned, and it shall be duty of such supervisor to give to each person who shall have performed labor under the provisions of this section, a receipt for the number of days labor performed, and the supervisor shall, upon oath, report to the city or county authorities the names and amount of labor performed by each person.

SEC. 4. [Failure to work-Penalty.]-It shall be the duty of all persons subject to the provisions of this act, to attend when notified as herein provided, and labor under the direction of the supervisor of their respective district or ward. Any person who, after being notified, shall refuse, neglect, or fail to comply with the provisions of this act shall forfeit and pay to the county or city treas

SEC. 26. See 5 Neb. 180. 9 Id. 444. 13 Id. 72.

urer, as the case may be, the sum of ten dollars, together with costs of suit, which sum shall be collected by suit before any justice of the peace within the county, in an action to be brought in the name of the city or county.

SEC. 5. (Report of supervisor.]-The supervisor shall report, under oath, to the city or county authorities, the names of all persons who shall have refused or failed to comply with the provisions of this act.

CHAPTER 34.-GUARDIANS AND WARDS.

SECTION 1. [Minors.]—All male children under twenty-one, and all females under eighteen years of age, are declared to be minors; but in case a female marries between the age of sixteen and eighteen, her minority ends. [R. S. 178. G. S. 396.1

SEC. 2. [Guardians.]—The court of probate in each county, when it shall appear to him necessary or convenient, may appoint guardians to minors and others, being inhabitants or residents in the same county, and also to such as shall reside without the state, and have an estate within the same.

SEC. 3. [Appointment. If the minor is under the age of fourteen years, the court of probate may appoint his guardian, and if he is above the age of fourteen years, he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly.

SEC. 4. Same.-If the guardian nominated by such minor shall not be approved by the court, or if the minor shall reside out of the state, or if, after being cited by the court, he shall neglect to nominate a suitable person, the court may appoint the guardian in the same manner as if the minor were under the age of fourteen years.

SEC. 5. [Same.]-When such minor, being above the age of fourteen years, shall reside more than ten miles from the place of holding the court, his nomination of a guardian may be certified to the court of probate, by a justice of the peace, which shall have the same effect as if made in the presence of the court.

SEC. 6. [Parents.]-The father and mother are the natural guardians of their minor children, and are equally entitled to their custody, and to care for their education, being themselves competent to transact their own business and not otherwise unsuitable. If either dies, or is disqualified for acting, the guardianship devolves upon the other. [Amended 1885, chap. 54.]

SEC. 7. [When minor is an orphan.]-If the minor have no father or mother living, and competent to have the custody and care of the education of such minor, the guardian so appointed shall have the custody and tuition of his ward.

SEC. 8. [Duty of guardian.]—Every guardian, appointed as aforesaid, shall have the care and management of the estate of the minor, and shall continue in office until such minor shall arrive at the age of twenty-one if a male, or eighteen years if a female, or until the guardian shall be discharged according to law.

SEC. 9. [Bond.]-Every such guardian shall give bond, with surety or sureties, to the judge of probate, in such sum as the court shall order, with condition as follows: First. To make a true inventory of all the real and personal estate of the ward that shall come to his possession or knowledge, and to return the same into the court at such time as the law directs. Second. To dispose of and manage all such estate and effects according to law, and for the best interests of the ward, and faithfully to discharge his trust as such guardian. Third. To render an account on oath of the property in his hands, including the proceeds of all the real estate which may be sold by him, and of the management and disposition of such property within one year after his appointment, and at such other times as the court shall direct. Fourth. At the expiration of his trust, to settle his accounts with the court, or with the ward, or his legal representatives, and to pay over and deliver, all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto.

CHAP. 34. See 10 Neb 124. 13 Id. 290. 14 Id. 357. 15 Id. 30, 297, 462, 503. 16 Id. 58.

SEC. 10. [Expenses of minor.]-If any minor, who has a father living, has property, the income of which is sufficient for his maintenance and education in a manner more expensive than such father can reasonably afford, regard being had to the situation of the fathers family, and to all the circumstances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of his own property, in whole or in part, as shall be judged reasonable, and shall be directed by the court, and the charges therefor may be allowed accordingly in the settlement of the accounts of such guardian.

SEC. 11. Appointment of guardian by will.]-The surviving parent may, by last will, in writing, appoint a guardian, being competent to transact their own business, and not otherwise unsuitable, for any of the children, whether born at the time of making the will or afterwards, and every such testamentary guardian shall have the same powers, and shall perform the same duties with regard to the person and estate of the ward as a guardian appointed by the court. [Amended 1885, chap. 54.]

SEC. 12. [Bond.]-Every such testamentary guardian shall give bond in like manner and with like condition as is hereinbefore required of a guardian appointed by the court; Provided, That when the testator, in the will appointing the guardian, shall have ordered or requested that such bond shall not be given, the bond shall not be required, unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the court shall think proper to require it.

SEC. 13. [Appointment by courts.]-Nothing contained in this chapter shall impair or affect the power of any court to appoint guardians to defend the interests of minors, impleaded in such court, or interested in any matter then pending, nor their power to appoint or allow any person, as next friend for a minor, to commence, prosecute or defend any suit in his behalf.

SEC. 14. [Guardian of insane person.]-When the relations or friends of any insane person, or of any person who, by reason of extreme old age, or other cause, is mentally incompetent to have the charge and management of his property, shall apply to the court of probate to have a guardian appointed for him, the court shall cause a notice to be given to the supposed insane or incompetent person of the time and place of hearing the cause, not less than fourteen days before the time so appointed.

SEC. 15. [Same.]-If, after a full hearing and examination, upon any such application, it shall appear to the court that the person in question is incapable of taking care of himself and managing his property, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 16. [Same.]-Every guardian so appointed, as provided in the preceding section, shall have the care and custody of the person of his ward, and the management of all his estate, until such guardian shall be legally discharged, and he shall give bond to the judge of probate, in like manner and with the like condition as is before prescribed with respect to the guardian of the minor.

SEC. 17. [Guardian of spendthrift.]-When any person, by excessive drinking, or by gaming, idleness, or debauchery of any kind, shall so spend, waste or lessen his estate as to expose himself or family to danger of want or suffering, or the county to charge or expense for the support of himself or family, any officer having charge of the poor of the county, or justice of the peace of the county of which such spendthrift is an inhabitant, or in which he resides, may present a complaint to the court of probate, setting forth the facts and circumstances in the case, and praying to have a guardian appointed for him.

SEC. 18. [Same.]-The court shall cause notice to be given to such supposed spendthrift of the time and place of hearing the case, not less than ten days before the time so appointed, and if, after a full hearing, it shall appear to the court that the person complained of comes within the provision contained in the preceding section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 19. [Contracts of spendthrift.]—After the order for notice has been

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