FRAUDS.

CH. 32.

3199 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. [Id., § 84.]

3200 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 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 county, names of the vendor and vendee or lessor and lessee, or description 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.]

3201 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.]

3202 SEC. 27a. [Railroad property.] In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold or contracted to be sold, although possession thereof may be delivered immediately, or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase-money. And in any contract for the leasing or hiring of such property, it shall be lawful to stipulate for a conditional sale thereof at the termination of such contract. amounts to be received under such contract may, as paid, be applied and treated as And that the rentals or purchase money, and that the title to the property shall not vest in lessee or bailee until the purchase price shall have been paid in full, and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee. Provided, That no such contract shall* until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee; Provided that no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless: I. The same shall be evidenced by an instrument executed by the parties and duly

SEC. 25. Cited 1 Neb., 52. 3 Id., 213. 14 Id., 292. 41 Id., 867.

SECS. 26, 27. "An act to prevent the fraudulent transfer of property." Laws, 1879, p. 102. SEC. 26. See 5 Neb., 180. 9 Id.. 444. statute. 35 Id., 536. Attaching and judgment creditors on same footing. 34 Id., 8. 13 Id., 72. 18 Id., 581. See 30 Id., 860. Agreements to sell not within SEC. 28. "An act to prohibit the fraudulent transfer of property and to declare the same a crime, and to prescribe the punishment thereof.' lent, sale, transfer, secretion, encumbrance, or disposal of the property with the intent to defraud creditors, is Passed and took effect June 1, 1883. This act, in so far as it prohibits the frauduconstitutional and valid. 21 Neb., 51.

SECS. 270-27d. "An act relating to certain contracts for conditional sale, lease or hire of railroad and street railway equipment and rolling stock and providing for the recording thereof. And repealing sections 1 and 2 of an act (entitled An act to amend "An act February 19, 1877,) approved February 29, 1879, so far as the same shall relate to contracts of the kind specified in entitled An act to prevent the fraudulent transfer of property, approved the first section of this act, and all other acts and parts of acts inconsistent with this." Took effect Aug. 1, 1895. Laws, 1895, chap. 40.

* An evident omission in enrolled bill.

acknowledged by the vendee, or lessee or bailee, as the case may be, or duly proved, before some person authorized by law to take acknowledgment of deeds, and in the same manner as deeds are acknowledged or proved. II. Such instrument shall be filed for record in the office of the secretary of state of this commonwealth. III. Each locomotive engine, or car so sold, leased or hired, or contracted to be sold, leased or hired, as aforesaid, shall have the name of the vendor, lessor or bailor plainly marked on each side thereof, followed by the word "owner," or "lessor," or "bailor," as the case may be. [1895, chap. 40, § 1.]

3203 SEC. 276. [Same-Contracts-Records.] The contracts herein authorized shall be recorded by the secretary of state in a book of records to be kept for that purpose. And on payment in full of the purchase-money, and the performance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect may be made by the vendor, lessor, or bailor, or his or its assignee, which declaration may be made on the margin of the record of the contract, duly attested, or it may be made by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his or its assignee, and recorded as aforesaid." And for such services the secretary of state shall be entitled to a fee of fifteen ($15.00) dollars, for recording each of said contracts and each of said declarations, and a fee of two ($2.00) dollars for noting such declaration on the margin of the record. [Id., $ 2.]

3204 SEC. 27c. [Same-Prior contracts saved.] This act shall not be held to invalidate or affect in any way any contract heretofore made of the kind referred to in the first section hereof, and any such contract heretofore made may, upon compliance with the provisions of this act, be recorded as herein provided. Id., § 3.]

3205 SEC. 27d. [Acts repealed.] Sections 1 and 2 of an act, (entitled An act to amend "An Act" entitled An act to prevent the fraudulent transfer of property, approved February 19, 1877,) approved February 27, 1879, so far as the same shall relate to contracts of the kind specified in the first section of this act, and all other acts or parts of acts inconsistent with this act are hereby repealed. [Id., § 4.]

3206 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. [Laws, 1883, chap. XLVI.]

CHAPTER 33.-GRASSHOPPERS.

3207 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.]

3208 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.

3209 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 herein before mentioned, and it shall be the 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.

3210 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 treasurer, 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.

3211 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.

CHAP. 33. "An act to provide for the destruction of grasshoppers." Passed and took effect Feb. 19, 1877. Laws, 1877, 154.

CHAPTER 34.-GUARDIANS AND WARDS.

3212 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.]

3213 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.

3214 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.

3215 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.

3216 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.

3217 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.]

3218 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.

3219 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.

3220 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 es

CHAP. 34. See sec. 344, chap. 23, for renewal of mortgages. General duty of guardian; guardian may foreclose mortgage owned by ward. 10 Neb., 124. License to sell real estate may be granted at chambers. 13 Neb., 290. If in proper judicial district license may be granted in county other than where land lies. 14 Neb., 357. Non-resident infant not presumed to have a guardian residing in this state. 15 Neb.. 30. Of insane and minor defendant; appearance; failure to appoint guardian ad litem when general guardian fails to appear does not render judgment void. 15 Neb., 297; 20 Id., 489; 21 Id., 683. Custody of infant child in case stated. 15 Neb., 462. Sale of property by guardian. 15 Neb., 503. Right of action on guardian's bond accrues to ward when amount due is ascertained by county court on settlement of guardian's final account. 17 Neb., 42. 21 Id., 534. Jurisdiction of court to appoint guardian ad litem. 16 Neb., 702. Petition for appointment of guardian signed in name of child, held, good, and sufficient to give court jurisdiction. 16 Neb.. 61. Sale of real estate of ward; presumption of regularity of proceedings; settlement by ward after he becomes of age, ratifies acts of guardian. 16 Neb., 64. No action can be maintained by ward to recover land sold by guardian unless commenced within five years next after ward becomes of age. 16 Neb., 64. Liability of guardian for negligence in care of ward. 18 Neb., 182. Failure to appoint guardian ad litem, where real estate is sold by administrator, not fatal. 18 Neb., 298. License to sell real estate of minors; petition therefor must be in writing. 20 Neb., 602. Action on guardian's bond; accounts of guardians; duties of county court. 21 Neb,, 534. Custody of children by parents. 15 Neb., 462. 30 Id.. 624. 29 Id., 457. Disaffirmance of contracts by minors. 36 Id., 51. 40 Id., 195.

SECS. 4-6. Parents unsuitable. 37 Neb., 571. 41 Id., 745.

tate 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.

3221 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 situtation of the father's 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.

3222 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.]

3223 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.

3224 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.

3225 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.

3226 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 him or her self and managing his or her property, he shall appoint a guardian of his or her person and estate, with the powers and duties hereinafter specified; Provided, That when a person has been declared insane by the commission of insanity, and no one applies to have a guardian appointed for such