SEC. 47 a. [Record of copy of power of attorney.]-That a duly au thenticated copy of the record of any power recorded 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 deemed 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 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shall be unlawful for any register of deeds in this state to give a certified copy of any power of attorney which has been revoked and the revocation thereof filed in his office, without also stating the facts of such revocation in his certificate, and any person violating any of the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. [1888, chap. LXIV. Amended 1887, chap. 30.]

SEC. 48. [Married woman-Covenants of husband.]-A married woman shall not be bound by any covenant in a joint deed of herself and husband. [R. S. § 53.]

SEC. 49. Words of inheritance.]-The term "heirs," or other technical words of inheritance, shall not be necessary to create or convey an estate in fee simple. [R. S. § 52.]

SEC. 50. [All interest conveyed.]-Every conveyance of real estate shall pass all the interest of the grantor therein, unless a contrary intent can be reasonably inferred from the terms used. [R. S. § 55.]

SEC. 51. [After acquired interest.]-When a deed purports to convey a greater interest than the grantor was at the time possessed of, any after acquired interest of such grantor to the extent of that which the deed purports to convey, shall accrue to the benefit of the grantee; Provided, however, That such after acquired interest shall not inure to the benefit of the original grantor, or his heirs or assigns, if the deed conveying said real estate was either a quit-claim or special warranty, and the original grantor in any case shall not be stopped from acquiring said premises at judicial or tax sale, upon execution against the grantee or his assigns, or for taxes becoming due after date of his conveyance. [Amended 1875, 90.1

SEC. 52. [Estates in futuro.]-Estates may be created to commence at a future day. [R. S. § 57.]

SEC. 53. [Construction of instrument.]-In the construction of every instrument creating or conveying, or authorizing or requiring the creation or conveyance of any real estate, or interest therein, it shall be the duty of the courts of justice to carry into effect the true interest of the parties, so far as such intent. can be collected from the whole instrument, and so far as such intent is consistent with the rules of law. [R. S. § 58.]

SEC. 54. [Aliens.]-No non-resident alien shall hereafter acquire or hold any real estate or interest therein in the state of Nebraska by purchase, device or descent: Provided, however, That any alien now owning real estate or interest therein, may convey, mortgage or devise the same, and if he shall die intestate, the same shall descend to his heirs, and such real estate or interest therein may be held, conveyed, mortgaged or devised by him, and shall descend in like manner, and with like effect, as if such alien were a native citizen of the United States. [R. S. § 59. Amended 1887, chap. 62.]

SEC. 55. [Legal title in mortgagor.]—In the absence of stipulations to the contrary, the mortgagor of real estate retains the legal title and right of possession thereof. [R. S. § 85.]

SEC. 48. Abrogated by chap. 53. See 17 Neb. 661.

SEC. 54. "An act to prohibit non-resident aliens from acquiring or holding real estate in the state of Nebraska, and to amend section 54 of chapter 73 of the compiled statutes of Nebraska, entitled Real Estate, and to repeal aid original section." Took effect July 1, 1887. See also sections 63 and 64.

SEC. 55. The mortgagee has no interest in the property which he can convey by lease. 10 Neb. 302. And see 10 Neb. 428. Covenants running with the land do not pass to the mortgagee as assignee. 11 Neb.

252.

SEC. 56. [Agent.]-Every instrument required by any of the provisions of this chapter to be subscribed by any party, may be subscribed by his agent thereto authorized by writing. [R. S. § 84.]

SEC. 57. [Action to quiet title.]-That an action may be brought and prosecuted to final decree, judgment, or order, by any person or persons, whether in actual possession or not, claiming title to real estate, against any person or persons, who claim an adverse estate or interest therein, for the purpose of determining such estate or interest, and quieting the title to said real estate. [G. S. § 1, 882.] SEC. 58. [Pleadings Procedure.]-All such pleadings and proofs and subsequent proceedings shall be had in such action now pending or hereafter brought, as may be necessary to fully settle and determine the question of title between the parties to said real estate, and to decree the title to the same, or any part thereof, to the party entitled thereto; and the court may issue the appropri ate order to carry such decree, judgment, or order into effect. [Id. § 2.]

SEC. 59. [Reversioners. Any person or persons having an interest in remainders or reversion in real estate, shall be entitled to all the rights and benefits of this act. [Id. § 3.]

SEC. 60. [Costs.]-If the defendant or any one of several defendants, shall appear and disclaim all title and interest adverse to the plaintiff, such defendant shall recover his costs. In other cases the costs shall abide the final decree, judgment, or order in the action. [Id. § 4.]

SEC. 61. [Application of act-Heirs.] The provisions of this act shall not in any respect apply to the settlement, partition, or division of real estate among the heirs of a decedent, where the same is provided for by the intestate laws of this state. [Id. § 5.]

SEC. 62. [Record of entry on United States lands.]-Whenever any person referred to in the third section of the act of congress entitled "An act to provide for the location of certain confirmed land claims in the state of Missouri, and for other purposes," approved June 21, 1828 (11 Statutes at Large,294, and 295) has had a private land claim which has not been located and satisfied, has died before making the entry therein authorized of public land, and bis right so to do has been sold by order of the probate court of the county and state of his residence, and the entry of public lands in this state has been made by the purchaser or his grantee, and letters patent of the United States have issued to the original claimant or his legal representative, it shall be competent for the owner of the land under the patentee to cause to be recorded in the book of deeds in the office of the county clerk of the county in which the land is situate, a copy of the proceedings of the said probate court upon which the right of the original claimant was sold as aforesaid, together with the proceedings of the several officers on said sale, which copy shall be duly certified by the clerk of said court or of any court which has succeeded to the jurisdiction of said probate court, and in which the records of said probate court are by law deposited, and the record so made in the county clerk's office shall be taken and held by all courts of this state as evidence of the transfer of the right to make such entry in the land office, and of the title of the purchaser at said probate sale, and his grantees under the said sale to the lands patented as aforesaid, and a copy of the said record in the county clerk's office, certified by that officer, may be read in evidence with the like force and effect as the original papers. [1885, chap. 66.]

SEC. 57. "An act to quiet title to real estate." G. S. 882. Took effect Feb. 24, 1873. A party not in possession must possess the legal title in order to maintain the action. 7 Neb. 376. Even without the statute a court of equity has jurisdiction to set aside a fraudulent conveyance constituting a cloud upon plaintiff's title to real estate owned by him, though not in his actual possession. 10 Neb. 188. Evidence in case stated. 11 Neb. 168. One who claims upon two titles may recover if he establish either. Id. Action lies in favor of lessee of state lands. 15 Neb. 63. Does not iie to remove mortgage given to secure re-payment to the county of county bonds without first paying off mortgage or returning value of bonds. Id. 180. Lies by one having legal title to unimproved lands not in actual possession of defendant. Id. 432. See 16 Neb., 411.

"An act entitled 'An act to provide for the record of certain papers and documents.'"

SEC. 63. [Title of aliens and alien corporations.]-That no non-resident alien foreigner, who has not declared his intentions to become a citizen of the United States, nor any corporation or association not incorporated under the laws of this state, shall acquire or own, hold or possess by right, title or descent, accruing hereafter, any real estate in the state of Nebraska; Provided, That the provisions of this act shall not apply to the real estate necessary for the construction and operation of railroads. [1887, chap. 65.]

SEC. 64. [Lands of non-resident alien, escheat.]-That, whenever any non-resident alien, who is the owner of real estate at the time of the passage of this act shall die, his lands, which would have descended to his heirs, shall escheat or descend to the state of Nebraska; and the heirs or persons who would have been entitled to such lands shall be paid by the state of Nebraska a full value thereof as ascertained by appraisement upon the oaths of the judge, treasurer and clerk of the county where such lands lay; and such lands shall then become subject to the law, and shall be disposed of as other lands belonging to the state; Provided, That the expense of appraisement shall be deducted from the appraised value of such land. ̄[Id. § 2.]]

SEC. 65. [Compiling abstracts of title-Bond.]-It shall be unlawful for any person or persons to engage in the business of compiling abstracts of titles to real estate in the state of Nebraska and demand and receive pay for the same without first filing in the office of the county judge of the county in which such business is conducted, a bond to the state of Nebraska in the penal sum of ten thousand dollars ($10,000), with not less than three sureties residents of the county to be approved by such county judge, conditioned for the payment by such abstracters of any and all damages that may accrue to any party or parties by reason of any error, deficiency or mistake in any abstract or certificate of title made and issued by such person or persons. [1887, chap. 64.].

SEC. 66. [Same-Certificate.]-When any abstracter shall have duly filed his bond as above provided, he shall be entitled to receive a certificate from such county judge that said bond has been by him duly approved and filed for record, which certificate shall be valid so long as such abstracter shall maintain his surety upon the bonds as herein provided for, unimpaired, and the possession of such valid certificate, at the date of issuance of any abstract, shall entitle such abstract of title to real estate, certified to and issued by such abstractor to be received in all courts as prima facie evidence of the existence of the record of deeds, mortgages, and other instruments, conveyances or liens affecting the real estate mentioned in such abstract and that such record is as described in said abstract of title. [Id. § 2.]

SEC. 67. [Abstract as evidence.]-Any party to a civil action who may desire to use in evidence at the trial thereof any abstract of title to real estate as herein provided, shall furnish to the opposing party or his attorney a copy of such abstract at least three days before the trial of said action, and in case such real estate be not in the county where such trial is to take place, then such cony shall be so furnished to the opposing party or his attorney to allow a sufficient number of days, such opposing party to proceed by the usual route of travel, to the county seat of the county where such real estate may be situated and return to the place of trial, in addition to the three days for preparation above provided for. [Id. § 8.]

SEC. 68. [Bond-Additional security.]-The bond herein provided for may run during the continuance of said person or persons in said abstract business not to exceed five years, and the county judge of the county where the bond

SECS. 63, 64. "An act to prevent the acquiring of title to lands in the state of Nebraska, or the descent thereof to non-resident aliens; to provide for the escheating thereof on the death of the owner to the state of Nebraska; and for the payment to be made thereof, and for the disposing thereof." Laws 1887, Chap. 65. Took effect March 31, 1887. See also section 54 taking effect July 1, 1887.

SECS. 65-69. "An act to provide security to the public against errors, omissions and defects in abstracts of title to real estate and for the use of abstracts in evidence." Laws 1887, Chap. 64. Took effect July 1, 1887.

herein provided for, may be filed, may at any time, upon complaint of any owner of real estate in his county, require such abstracter upon ten days notice to give additional security upon said bond, and show cause why the same should not be declared invalid and the certificate thereof recalled and annulled; and if within such time the additional security to be approved by said county judge be not furnished and no sufficient reason be shown to the judge why the same should not be required, then said bond shall be declared invalid and the certificate thereof recalled and annulled. (Id. § 4.]

SEC. 69. [Appeal.-The abstracter or complainant may have an appeal to the district court from such decision of the judge by preserving the evidence taken at the hearing, which shall be certified up by such judge and such appeal shall be summarily decided by the court upon such evidence, and the cost of such appeal, including the furnishing of said evidence, shall be adjudged against the defeated party. [Id. § 5.]

CHAPTER 74.-RECORDS.

SECTION 1. [Public records-Examination.]-All citizens of this state, and all other persons interested in the examination of the public records, are hereby fully empowered and authorized to examine the same, free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business. [R. S. 297. G. S. 883.]

CHAPTER 75.-REFORM SCHOOL.

SECTION 1. [Title-Location.]—That "the state industrial school for juvenile offenders," located near Kearney, in the county of Buffalo, is hereby recognized and continued as a school for the retention, education, discipline, industrial training, and reformation of juvenile offenders. [1887, chap. 74.]

SEC. 2. [Officers.-The board of public lands and buildings shall have power to appoint a superintendent, an assistant superintendent, a matron, and such other officers as in their judgment the wants of the institution may require, and to remove them for sufficient cause, such as incompetency, malfeasance in office, immorality, or neglect of duty. They shall also have power to prescribe the duties of said officers and to determine the salaries to be paid them.

SEC. 3. [Instruction.]-The boys and girls committed to the school shall be instructed in the principles of morality and in such useful branches of knowledge as are taught in the public schools of the state. They shall also be instructed in the principles of the mechanical arts and such practical trades as are best suited to their age, strength and capacity, and best adapted to secure them a livelihood after leaving the school.

SEC. 4. [Superintendent Duties.]-The superintendent shall have the control and the management of the school, subject, however, to the rules and reg

CHAP. 74. Being Chap. XLIV, R. S. 297. Chap. 62, G. S. Fee book is a public record. 19 Neb. 107. Stenographer's report of trial is a public record. 19 Neb. 347. Numerical index is a public record. 17 Neb.

175.

CHAP. 75. As amended, Laws 1887, Chap. 74. Took effect March 31, 1887. The title of this chapter of the laws of 1887, reads as follows: "An act to amend section one (1) of an act approved February 27, 1879, entitled 'An act to locate the Nebraska State Reform School for juvenile offenders' and to amend chapter seventy-five (75) of the Compiled Statutes of Nebraska, entitled 'Reform Schools' and to repeal said original section." There are two sections numbered 1, of this chapter. The first reads as follows:

SECTION 1. That section one of an act approved February 27, 1879, entitled "An act to locate the Nebraska State Reform School for juvenile offenders, and to create a Reform School fund for the purpose of defraying the expenses of said institution," be and the same is hereby amended to read as follows:

SEO. 1. There shall be established in this state an institution under the name and style of the "Nebraska State Industrial School for juvenile offenders," also that chapter seventy-five of the Compiled Statutes of Nebraska, entitled "Reform Schools," be and the same is hereby amended to read as follows: (Then follows the amendments to chapter seventy-five as herein printed.)

It was, evidently, the intention of the Legislature to change the title of this school, so that it might be called "An Industrial School," instead of "Reform School," but inasmuch as the first section of the act seeks to amend the first section of a prior act passed in 1879, which was repealed by an act passed in 1881, [Laws 1881. chap. 69.] it would seem that the attempted legislation relative to the title of said school, had not been perfected by the act of 1887.

ulations established by the board. At the close of each month he shall present to said board a written report showing the general condition of the school, the number of inmates in attendance, the number of commitments and tickets of leave granted and such other information, together with such suggestions and recommendations as may subserve the best interests of the school. He shall have charge of all the property belonging to the institution, and shall keep an account of all monthly expenditures, which expenditures shall be certified to the the board with the monthly report. He shall have power to appoint employes to fill such positions as the board may determine, and shall keep a register showing the social condition of each inmate at the time of committal.

SEC. 5. [Authority of court.]-When a boy or girl of sane mind under the age of eighteen years shall, in any court of record in this state, be found guilty of any crime except murder or manslaughter, committed under the age of sixteen years, or who, for want of proper parental care, is growing up in mendicancy and vagrancy, or is incorrigible, and complaint thereof is made and properly sustained, the court may, if in its opinion the accused is a proper subject therefor, instead of entering judgment, cause an order to be entered that said boy or girl be sent to the state industrial school, in pursuance of the provis ions of this act, and a copy of said order, under the seal of said court, shall be sufficient warrant for carrying said boy or girl to the school, and for his or her committment to the custody of the superintendent thereof.

SEC. 6. [Proceeding before justice-Order to guardian.]—When a boy or girl of sane mind, under the age of sixteen years, shall be convicted before a justice of the peace or other inferior court, of any crime, mendicancy, vagrancy or incorrigibility, it shall be the duty of said magistrate, before whom he or she may be convicted, to forthwith send such boy or girl, together with all the papers filed in his office on the subject, under the control of some officer to a judge of a court of record, who shall then issue an order to the parent or guardian of said boy or girl, or such person as may have him or her in charge, or with whom he or she has last resided, or any one known to be nearly related to him or her, or if he or she be alone and friendless, then to such person as said judge may appoint to act as guardian for the purposes of the case, requiring him or her to appear at a time and place stated in said order, to show cause why said boy or girl should not be committed to the state industrial school for training and reformation.

SEC. 7. [Service of order.]-Said order shall be served by the sheriff or other qualified officer, by delivering a copy thereof, personally, to the party to whom it is addressed, or leaving it with some person of full age at the place of residence or business of said party, and immediate return shall be made to said judge of the time and manner of such service. The fees of the sheriff or other officer under this chapter shall be the same as now allowed by law for like services.

SEC. 8. [Examination.]—At the time and place mentioned in said order, or at the time and place to which it may be adjourned, if the parent or guardian to whom said order may be addressed shall appear, then in his or her presence, or if he or she fail to appear, then in the presence of some competent person whom the said judge shall appoint as guardian for the purposes of the case, it shall be lawful for the said judge to proceed to take the voluntary examination of said boy or girl and to hear the statements of the party appearing for him or her, and such testimony in relation to the case as may be produced, and if upon such examination and hearing the said judge shall be satisfied that the boy or girl is a fit subject for the state industrial school, he may commit him or her to said school by warrant.

SEC. 9. [Warrant of commitment.]--The judge shall certify in the warrant the place in which the boy or girl resided at the time of his or her arrest, also his or her age as near as can be ascertained, and command the said officer to