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within less than twenty days next preceding said first day of said next term of said appellate court, this said transcript shall be filed with said clerk on or before the first day of the next succeeding term of said appellate court.

SEC. 7. That said clerk, on receiving such tran- Same. script and other papers as aforesaid, shall file the same and docket the appeal; the owner of the land shall be the plaintiff in the appellate court, and the railroad company the defendant, and the parties shall proceed in all subjects in the same manner as though the action had been originally instituted in such appellate court.

SEC. 8. That assessments made for the same right Joint appeal. of way for the same railroad company upon different tracts of lands belonging to the same owner or owners in the same right may be joined in one appeal and proceeded with in the appellate court as separate counts joined in one action for damage to such tracts of land, for or on account of such right of way.

SEC. 9. That this act shall not apply to any such assessments heretofore made.

SEC. 10. Whereas, an emergency exists, this act Emergency shall take effect and be in force from and after its

passage.

Approved March 31, 1887.

CHAPTER 17.

Amendment
of 128, ch. 16,
Comp. Stat.
of 1885.

Limit of indebtedness.

Insurance, Joan or trust companies, and banks exempted.

AN ACT to amend section one hundred and twenty-eight (128) of chapter sixteen (16) of the Compiled Statutes of 1885, limiting the indebtedness of corporations.

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

SECTION 1. That section 128 of chapter 16 of the Compiled Statutes of 1885 be and the same is hereby amended as follows:

SEC. 128. The articles of incorporation must fix the highest amount of indebtedness or liability to which the corporation shall, at any one time, be subject, which must in no case exceed two-thirds of the capital stock;

Provided, however, That the above limitation shall not apply to debts for the risks of insurance companies, deposits in banks, and the notes, bonds, or debentures of any loan or trust company organized under the provisions of this chapter, where the payment of such notes, bonds, or debentures shall be secured by the actual transfer of real estate by trust deed or mortgage for the payment of such notes, bonds, or debentures, which said real estate so transferred shall be of twice the value of the par value of such notes, bonds, or debentures;

Provided, further, That said limitation shall not apply to any loan or trust company's guarantee for the payment after transfer of any notes, bonds, or debentures, where the same is secured by trust deed or mortgage as above stated.

clause.

SEC. 2. Section 128 of chapter 16 of the Com-Repealing piled Statutes of 1885, which reads as follows: "The articles of incorporation must fix the highest amount of indebtedness or liability to which the corporation shall at any one time be subject, which must in no case, except that of risks of insurance companies and deposits in banks, exceed two-thirds of its capital stock," is hereby repealed.

SEC. 3. Whereas, an emergency exists, this act Emergency shall take effect and be in force from and after its passage and approval.

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AN ACT to exempt secret societies and associations from the require ments of chapter sixteen (16) of the Compiled Statutes of 1885, to define the duties, powers, and obligations of such societies and associations, and to provide penalties for violations thereof.

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

Secret societies ex

SECTION 1. That any secret society or associa-empted from tion, the management and control of which is con- stat. of 1886.

provisions of 25, Rev.

Shall comply with the requirements of this act.

Shall file certificate of

fined to the membership of any secret society or order, heretofore organized or which may hereafter be organized, which in addition to the benevolent and fraternal features thereof, shall also issue certificates of indemnity calling for the payment of a certain sum, known and defined, in case of the death, disability, or sickness of any of its members, to the wife, widow, orphan or orphans, or other persons dependent upon such members, shall be exempt from the provisions of chapter twentyfive (25) of the Revised Statutes of 1866 of the Territory (now State) of Nebraska, the same being chapter sixteen (16) of the Compiled Statutes of 1885;

Provided, That such secret society or association as aforesaid shall comply with all the requirements of this act.

SEC. 2. Within thirty (30) days after the takwith Auditor ing effect of this act, such society as aforesaid shall,

membership

of Public

Accounts.

by its presiding officer or recording officer, or both of them, file a certificate in the office of the auditor of public accounts setting forth the total number of members in good standing in such society or association at the date of the taking effect of this act, the name, title, and postoffice address of each of the chief officers of such society or association; the plan of assessment upon which funds are provided to pay the certificate of indemnity issued by such society or association, together with a certified copy of the constitution and by-laws of such society. If, from such statements, the auditor of public accounts shall be satisfied that such society or associ

ation has a sufficient membership to pay a certificate so issued by such society or association in case of the death of any of its members, by its usual method of assessment, he shall issue to such society Authority or association a certificate authorizing it to transact its business for one year.

to transact business.

stazement.

SEC. 3. On the first day of January of each Anual year, or within fifteen days thereafter, such society or association shall, by its presiding or recording officer or both of them, file with the auditor of public accounts, a sworn statement, setting forth the total number of members in good standing on the first day of January of that year; the total number of members who have been suspended for non-payment of dues, or assessments for the twelve months next preceding the date of the report, the name of each member deceased during the year next preceding the date of the report, together with the amount of money paid to each, the number of claims resisted and the reasons for resisting the payment thereof; the total amount collected for the payment of certificates of indemnity herein before provided for; the amount due and unpaid upon certificates of deceased members, the total amount on hand in such fund and the amount paid out in such fund. If the auditor shall be satisfied that such society or association has a sufficient membership to pay its certificate in full in case of the death of any of its members, by its usual method of assessment, he shall issue his certificate authorizing such society or association to transact its business for the term of one year from the first day of January next preceding the date of the report,

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