Chattel mortgage need not be acknowledged. Duties of county clerk. and as against subsequent purchasers and mortgagors 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 mortgagor 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. Section 74. Such clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instruments, arranging the names of mortgagors alphabetically, and shall note thereon the time of filing such instrument or copy. Such mortgage when satisfied may be discharged by an entry by the mortgagee or his agent on the margin of such index, which shall be attested by the clerk without fee, and the original instrument or copy so filed shall be Mortgage shall returned to the mortgagor. Section 75. 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 or 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) cease to be valid, when. Act repealed. 1877, 51. cents. SEC. 2. An act entitled "An act [to] amend sections seventy-three (73), seventy-four (74), and seventy-five (75), of chapter forty-three (43) of revised statutes of 1866, entitled "Real Estate," approved February 15, 1877, is hereby repealed. Approved, February 27, A.D. 1879. AN ACT To amend section six, chapter twelve, general statutes, entitled "Counties and County Seats," and to repeal section six, chapter twelve, general statutes. Be it enacted by the Legislature of the state of Nebraska: Butler county. SECTION 1. That section six, of chapter twevle, gen- Boundaries of eral statutes, be amended so as to read as follows: "Sec. 6. The county of Butler is bounded as follows: Commencing at the southeast corner of township 13 north, of range four east; thence north to the south bank of the main channel of Platte river, thence along the south bank of the main channel of the Platte river to the northwest corner of township sixteen north, of range one east; thence south to the southwest corner of township thirteen north, of range one east; thence east to the place of beginning." SEC. 2. That section six, of chapter twelve, general statutes, be and the same is hereby repealed. Approved, February 27, A.D. 1879. Act repealed. How educational lands leased. AN ACT To amend sections 17 and 19 of the act entitled "An act to provide for the registry, sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of funds arising from the sale of such lands," approved February 19, A.D. 1877. [Laws of 1877, page 180.] Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That section 17 of an act entitled 66 An act to provide for the registry, sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of funds arising from the sale of such lands," be so amended as to read as follows: “Section 17. Whenever any of the lands herein provided for have been offered for sale and not sold for want of bidders, the said board may lease the same on the following conditions: All persons desiring to lease such lands shall file their sealed proposal for the leasing of the same, under the terms and conditions. hereinafter set forth, in the office of the county treasurer of the county in which such lands are situated. The proposal shall describe the land desired to be leased by section, township, and range, and set forth the highest rate per cent on the appraised value of the land which the bidder will pay: Provided, that no bid or proposal offering less than six per cent. per annum on the appraised value of such lands shall be entertained; and such proposals shall be transmitted by the county treasurer to the commissioner of public lands and buildings, and by him opened at the next meeting of the board, who shall examine and approve or reject the same, and if approved execute a lease for the same to such bidder at the price named in such proposal: Pro vided, if any other bid for the same land shall be presented to said board they shall execute the lease to the highest bidder: Provided, that no land shall hereafter cational lands. be leased at a less rate than six per cent per annum on Rental of eduthe appraised value thereof, and that the said rate of six per cent be and hereby is declared to be the minimum rate at which such lands shall be leased." rent. lease. SEC. 2. That section 19 of said act be so amended as Payments of to read as follows: "Sec. 19. The first payment shall be computed to the first day of January or July, as the case may be, next ensuing the date of executing the lease, and such lease shall contain a covenant or contract Covenants in of the lease, that he or she will promptly pay the rental or interest semi-annually, in advance: that no waste shall be committed upon the land, and that the premises shall be surrendered at the expiration of twenty-five years from the first day of January next ensuing after the date of the lease, or sooner with the consent of the board herein referred to; that the lessee will pay for the use of said lands the annual rate of not less than six per cent per annum upon the appraised value thereof; that at the expiration of five years from the date of the lease, and every five years thereafter, the land shall be appraised by three persons, one of whom shall be appointed by Appraisal of the county clerk, one by the lessee, and the third by the other two, and that the valuation made by such appraisers shall (provided it be not less than the former appraisement) be the basis for the rental for the five years succeeding the next first day of January: Provided, that the appraisement shall not include improvements made by lessee." value. lessee, how Any lessee of school or university lands may at any Purchase by time, not oftener than once in any one year, apply in effected. writing to the county treasurer of the county in which the land is situated, to have such land appraised for the purpose of sale. On the receipt of such application, Act repealed 1877, 180. and the payment of six dollars by such lessee, the county treasurer, together with the county clerk and county judge, shall appoint three disinterested freeholders of such county, whose duty it shall be to appraise the lands designated at their just and full value, exclusive of improvements, and to make a return of such appraisement within twenty days after their appointment. Such appraisement shall be made under oath. Each appraiser shall receive the sum of two dollars for his services, to be paid by the county treasurer out of the money paid by the applicant as aforesaid. Within ten days after the appraisement aforesaid it shall be the duty of such county treasurer to forward the same, together with the written application aforesaid, to the office of the commissioner of public lands and buildings, and such applicant may, at his option, at any time within sixty days after such application, make a written surrender of his lease, which shall be filed in the office of the commissioner of public lands and buildings, and thereupon said lessee may purchase said lands at their appraised value, but at not less than seven dollars per acre, and a contract of such sale shall be executed and recorded in all respects in the same manner, and shall have the same force as in case of the public sale of other lands under the provisions of this act, but in such case the contract shall recite the fact that such sale is made at private sale to a lessee under the provisions of this act. SEO. 3. Said original sections 17 and 19 be and the same are hereby repealed. Approved February 27th, A.D. 1879. |