4162 SEC. 71. [Escheat-Forfeiture-Proceedings.]

Whenever any

such land shall revert and escheat to the state of Nebraska, as provided in this act, it shall be the duty of the county attorney of the county in which such lands are situated, to proceed against such alien in the district court of the county where the land is situated, for the purpose of having such forfeiture declared. Service of summons may be had upon the non-resident alien defendants by publication as provided in the statutes of Nebraska for the service of summons by publication in cases of foreclosure of mortgages, and the court shall have power to hear and determine the questions presented in such cases and to declare such lands escheated to the state; and when such forfeiture shall be declared by the district court, it shall be the duty of the clerk of the court to notify the governor of the state that the title to such lands is vested in the state by the decree of the said court; and the clerk of the court shall present the auditor of public accounts with the bill of costs incurred by the county in prosecuting such case, who shall issue a warrant to the clerk of the court on the state treasury to repay the county for such costs incurred. The heirs or persons who would have been entitled to such lands, shall be paid by the state of Nebraska the full value thereof, as ascertained by appraisement upon the oaths of the judge, treasurer, and clerk of the county where such lands lie, 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 the appraisement shall be deducted from the appraised value of the land. [Id., § 2.]

4163 SEC. 72. [Rights of living non-resident aliens.] Any non-resident alien who owns land in this state at the time this act takes effect, may dispose of the same during his life to bona fide purchasers for value, and may take security for the purchase money with the same rights as to securities as a citizen of the United States. [Id., § 3.]

4164 SEC. 73. [Rights preserved.] This act shall not, nor shall anything in the statutes of Nebraska, prevent the holders, whether non-resident aliens or corporations not organized under the laws of the state of Nebraska, of liens upon real estate or any interest therein, whether heretofore or hereafter acquired, from holding or taking a valid title to the real estate subject to such liens, nor shall it prevent any such alien or corporation from enforcing any lien or judgment for any debt or liability now existing, or which may hereafter be created, nor from becoming a purchaser at any sale made for the purpose of collecting or enforcing the collection of such debt or judgment; Provided, however, That all lands so acquired shall be sold within ten (10) years after the title thereto shall be perfected in such non-resident alien or foreign corporation, and in default of such sale within such time, such real estate shall revert and escheat to the state of Nebraska, as provided in this act; Provided, further, That the provisions of this act shall not apply to the real estate necessary for the construction and operation of railroads; And provided, further, That nothing in this act shall be construed to prohibit any non-resident alien or foreign corporation from purchasing and acquiring title to so much real estate as shall be necessary for the purpose of erecting and maintaining manufacturing establishments; And provided further, That the provisions of this act shall not apply to any real estate lying within the corporate limits of cities and towns. [Id., § 4.]

CHAPTER 73a.-REBATE VOUCHERS.

4165 SECTION 1. [Rebates-Deposits-Contracts void.] That all incorporated companies, trusts, and associations, firms, or individuals doing business within this state which issue rebate vouchers or certificates or make any promises, verbal or in writing, to allow within a specified time a reduction in the price charged upon the condition of the sale, shall deposit in such trust company or companies, or such bank or banks in the state of Nebraska, as shall from time to time be appointed and designated by the state auditor under his hand and seal, such sum or sums of money as shall be equal in amount to such rebate vouchers or certificates issued, or promises made as aforesaid upon or derived from the business done in this state by such incorporated companies, trust and associations, firms, or individuals as security for the payment of all such rebate vouchers, certificates, or promises, and all sales made or contracts formed by or with any such companies, trusts and associations, firms, or individuals, shall not be lawful and binding upon the citizens of this state, unless such companies, trusts and associations, firms, or individuals, shall have complied with the provisions of this act. [Laws, 1893, chap. 25, § 1.]

4166 SEC. 2. [Rebate vouchers-Certification-Lien-Transfer.] It shall be the duty of the proper officers of the company or companies, bank or banks holding such deposited sum or sums for the security and payment of such rebate vouchers, certificates, or promises, to properly and officially certify all such rebate vouchers, certificates, or promises, if made in writing, on presentation, and the same shall thereupon become a legal lien upon all such sum or sums so deposited and held by such trust company or companies, bank or banks as herein provided. And all such rebate vouchers, certificates, or promises, if made in writing, shall also be transferable at the option of the payee by endorsement thereon by the payee and subsequent endorsees, and when due shall be payable by such depository upon presentment by the person legally entitled thereto. [Id., § 2.]

4167 SEC. 3. [Notices.] It shall be the duty of all incorporated companies, trusts and associations, firms, or individuals doing business in this state as provided in section one (1) of this act, to notify the state auditor on the fifth day of each month, or if that day be a Sunday or a legal holiday, on the day following, of the number and amount of all rebate vouchers or certificates issued by them or promises made by them as herein before described upon their business done in this state within the preceding month, and the said auditor within ten days thereafter, shall notify and direct such incorporated companies, trusts and associations, firms, or individuals, to deposit within ten days after the date of such notice or direction in such trust company or companies, bank or banks as shall be appointed and designated by said auditor, such sum or sums as shall be equal in amount to all such rebate vouchers or certificates so issued, or promises made by them as herein provided to secure the payment of the same. [Id., § 3.]

4168 SEC. 4. [Depositories.] Within twenty days after this act shall take effect the auditor of the state shall designate and appoint such good and reliable trust company or companies or such good and reliable bank or banks in the state of Nebraska, as depositories of such sum or sums as are herein provided, as shall agree to pay the largest amount of interest upon such sum or sums as they may receive on deposit to secure the payment of the rebate vouchers or certificates issued or promises

CHAP. 730. "An act to provide for the security and payment of rebate vouchers, or certificates issued by in. corporated companies, trusts, associations, firms and individuals, and to provide a penalty for the violation of this Laws, 1893, chap. 25. Took effect April 6, 1893.

act.'

made by such incorporated company or companies, trusts or associations, firms or individuals, such interest to be paid to the incorporated company or companies, trusts or associations, firms or individuals, depositing such sum or sums as provided for in this act. [Id., § 4.]

4169 SEC. 5. [Violation of act-Penalty.] Any incorporate company, trust, association, firm, or individual, who shall violate any provision of this act, shall forfeit all right to transact or do business in this state, and any officer, or agent, servant, or other employe of any such incorporated company, trust or association, firm, or individual, who shall represent or attempt to transact or to do business in this state after such incorporated company, trust, or association, firm, or individual, has violated any provision of this act, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand ($1,000) dollars, nor more than five thousand ($5,000) dollars, and by imprisonment in the penitentiary for not less than one year nor more than two years, or by both such fine and imprisonment. And any citizen or inhabitant of this state, who shall knowingly make a sale or enter into a contract with any such company, trust or association, firm or individual who have failed to comply with the provisions of this act, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars, and by imprisonment in the penitentiary for not less than one year, nor more than two years, or by both such fine and imprisonment. [Id., § 5.]

CHAPTER 74.-RECORDS.

4170 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.]

CHAP. 74. Being chap. XLIV, R. S., 297. Chap. 62, G. S. Fee book is a public record. 19 Neb., 107. Stenog rapher's report of trial is a public record. 19 Neb., 347. Numerical index is a public record. 17 Neb., 175.

CHAPTER 75.-REFORM SCHOOL.

4171 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.]

4172 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 judgement 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.

4173 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.

4174 SEC. 4. [Superintendent-Duties.] The superintendent shall have the control and the management of the school, subject, however, to the rules and regulations 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 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 commital.

4175 SEC. 5. [Commitment, district court.] When a girl or boy 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 provisions of this act, and a copy of said order, under the seal of said court, shall be sufficient warrant for carrying said boy or

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:

SEC. I. There shall be established in the 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 follow 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. Persons over 18 years sentenced to school reasonable on habeas corpus, Quære. 35 Neb., 500.

girl to the school, and for his or her committment to the custody of the superintendent thereof.

4176 SEC. 6. [Same, inferior court-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 forth with 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.

4177 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.

4178 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.

4179 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 take the said boy or girl and deliver him or her without delay to the superintendent of said school or other person in charge thereof, at the place where the same is located and established, and such certificate, for the purpose of this act, shall be conclusive evidence of his or her residence or age. Accompanying this warrant, the judge shall transmit to the superintendent by the officer executing it, a statement of the nature of the complaint, together with such other particulars concerning the boy or girl as the judge is able to ascertain; Provided, The expense of conveying any boy or girl so committed to said state industrial school, or of returning them to their parent or guardian after their release therefrom, shall be at the expense of the state.

4180 SEC. 10. [Writs of error.] The proceedings before any judge or the county court may be reviewed on writ of error by the district court, and proceedings before any district court or judge thereof may be reviewed by the supreme court in the manner provided by law for reviewing criminal cases in these courts.

SEC. 6. Question of age of accused is one of fact to be decided by trial magistrate, and the judge of the district court to whom the transcript is sent; if decided against accused, question can be re-examined in appellate proceedings only, and not on habeas corpus; certificate of committing judge conclusive as to age of person commmitted. 25 Neb., 202.