connecting railway, or to sell the same to the railroad company constructing, owning or operating the said railroad through said adjoining state or territory as aforesaid, to said point of connection. And any such foreign railroad company purchasing under the provisions hereof any such connecting railroad within this state may manage the same by its board of directors and officers, and may operate the same and may issue thereon its stock and bonds to the same extent and in the same manner as authorized by the laws of this state, and the said company shall file for record in the office of the secretary of state of this state a true copy of its articles of incorporation, and the said company shall thereafter possess, exercise and enjoy within this state as to the control, management and operation of the said road, and as to the location, construction and operation of any extension of its said railroad or any connecting railroad or feeders within this state all the rights, powers, privileges and immunities, including the powers of eminent domain possessed by other railroad corporations of this state, and shall be liable to all the restrictions imposed by the general laws of this state upon the railroad corporations of this state. The purchase of any such railroad shall be subject to any and all laws, incumbrance or indebtedness existing against the railroad company from which such road may be so purchased. [1881 § 1, chap. 65.!

SEC. 2. [Effect of act.]-Said corporation shall be subject to the laws of this state as to that portion of the road purchased, built and operated in this state the same as if organized under the laws of this state; Provided, however, that nothing herein contained shall be construed as authorizing the purchase by any railroad company under the provisions of this act of any parallel and competing line of railroad within this state.

ARTICLE V.-RATES AND UNJUST DISCRIMINATIONS.

SECTION 1. [Equal facilities.]-Every railroad corporation shall give to all persons reasonable and equal terms, facilities and accommodations for the transportation of any merchandise or other property of every kind and description upon any railroad owned or operated by such corporation within this state, and for terminal handling, the use of the depot and other buildings, and grounds of such corporation, and at any point where its railroad shall connect with any other railroad, reasonable and equal terms and facilities of interchange and shall promptly forward merchandise consigned or directed to be sent over another road connecting with its road, according to the directions contained thereon or accompanying the same. [1881 § 1, chap. 68.]

SEC. 2. [Maximum rate.]—No railroad company in this state shall hereafter charge, collect or receive for the transportation of any merchandise or other property upon the railroad owned or operated by such company within this state a higher rate for such service than was charged by such company for the same or like service on the first day of November, A. D. 1880, as shown by the published rates of such company. And no railroad company shall demand, charge, collect or receive for such transportation for any specific distance, a greater sum than it demands, charges, collects or receives for a greater distance.

SEC. 3. [Discrimination as to persons.]-No railroad company within this state shall grant or allow to any person, company or association, upon the transportation of freight either directly or indirectly, any secret rate, rebate, drawback, unreasonable allowance for use of cars, or any undue advantage whatever, nor directly or indirectly charge to or receive from any person or persons, or association or corporation any greater or less sum, compensation, or reward than is charged to or received from any other person or persons, association or corporation for like and contemporaneous service in the receiving, transporting, storing, delivering or handling of freights.

SEC. 4. [Penalty.]-Any railroad company, or officer or agent of such railroad company who violates any of the provisions of this act, in addition to liabil

ART. V. "An act to fix a maximum standard of freight charges on railroads, and to prevent unjust discriminations therein, or secret rates, rebates or drawbacks therefor." Approved Feb. 28. Took effect June 1, 1881.

ity for all damages sustained by reason of such violation, shall be liable for each offense to a penalty of five hundred dollars, which may be recovered in any county where such corporation has property.

ARTICLE VI.-PUBLIC OFFICES.

SECTION 1. [Public office of railroad company.]-That all railroad corporations or companies doing business in the state of Nebraska as public carriers, either for the transportation of freight, or carrying passengers from any point in this state, are hereby required to have and maintain a public general office in this state, in some county through which said road runs, for the transaction of its business, which office shall be established on or before the first day of January A. D. 1882, and notice thereof given by publication in some newspaper on the line of its road for four consecutive weeks; Provided, That railroad corporations or companies, hereafter to be incorporated under the laws of this state, shall have one year, from the date of such incorporation in which to comply with the provisions of this act. [1881 § 1, chap. 67.]

SEC. 2. [Books and business at office.]-It shall be the further duty of all such railroad corporations or companies doing business as aforesaid, to keep and maintain in such offices books in which shall be recorded the amount of the capital stock of such railroad corporation or company, and also the transfer of such stock, the amount of its assets and liabilities, and the names and places of residence of its officers, which said books shall be open to public inspection at all times. And the general manager, general superintendent, general freight or ticket agent or such other general officers or agents as said railroad corporations or companies shall have or employ, shall keep and maintain their offices at such general offices within this state: Provided, That railroad corporations or companies not operating over 10 miles of road in this state shall be exempted from the provisions of this act.

SEC. 3. [Directors report to auditor.]-The directors of every railroad corporation or company having control of any road doing business in the state of Nebraska, shall annually make a report to the auditor of public accounts, of the amount of money received for the preceding year from passengers and freight, at any and all points in this state, which report shall be made and filed with the auditor on or before the fifteenth day of January of each year.

SEC. 4. [Violations of act-Penalty.]—Any railroad corporation or company violating any of the provisions of this act or failing to comply with the provisions herein contained, shall forfeit all right to do business in this state, and on application of any person feeling aggrieved, it shall be the duty of any court having jurisdiction, upon proper and satisfactory proof, to place such railroad in the hands of a receiver and proceed to wind up its business.

SEC. 5. [Same.]-In addition to the penalties in the preceding section, the principal officers of such corporation or company shall be subject to fine not exceeding one thousand dollars or imprisonment upon conviction in the penitentiary, for a term not exceeding three years.

ARTICLE VII.- STREET RAILWAYS.

SECTION 1. [Railway_corporations.]—Any number of persons may be associated and incorporated under the general laws of this state providing for the creation of corporations for the purpose of constructing and operating a street railroad within any of the cities of this state, upon procuring the consent of a majority of the electors of any such city as hereinafter provided. [1877 § 1, 135. Const., Art. XI, Mis. Corp. § 2.]

SEC. 2. [Articles-Record.] -Every such corporation, previous to the

ART. VI. "An act to require railroad corporations doing business in the state of Nebraska, to have and maintain public offices in the state for the transaction of their business." Approved March 2. Took effect June 1, 1881.

SECS. 1-5. "An act to provide for the incorporation of street railroad companies within the cities of this state." Laws 1877, 135. Took effect June 1, 1877. This act superseding act of 1875, 294, the latter is omitted.

commencement of any business except its own organization, must adopt articles of incorporation and have them recorded in the office of the county clerk of the county in which the city within which it is proposed to construct and operate such street railroad is situated, and must procure the consent of a majority of the electors of such city as herein provided.

SEC. 3. [Same-Termini of road.]—The articles of incorporation must fix the termini of such street railroad, and state the street or streets through which it is proposed to construct and operate the same.

SEC. 4. [Submission to electors.]-The question of the consent of a majority of the electors of any such city to the constructing and operating of any such street railroad shall be determined by submitting the question to the electors of such city at an election to be held for that purpose, and of which electoin it shall be the duty of the mayor of any such city, upon the request of the common council of said city, to give at least ten days notice by publishing a notice in some newspaper published in such city, which notice shall state the termini of such proposed street railroad, and the street or streets through which it is proposed to construct and operate the same, the form in which the question shall be taken, and the time when such election will be held.

SEC. 5. [Same-Election-Proceedings.]-Every such election shall be held at the time designated in the notice, and shall be held in the same manner and at the same places as the general city elections, and the returns shall be canvassed by the council of such city at its next meeting after any such election and the result declared, and if a majority of the votes cast at such election shall be in favor of the constructing and operating such proposed street railroad, the council shall cause the city clerk to make out a certificate of the result, stating that the consent of a majority of the electors of such city has been given to the constructing and operating of such street railroad, and deliver the same to the chief officer of such street railroad company, who shall cause the same to be recorded in the office of the county clerk where the articles of association of such street railroad company are recorded, and in the same book, and such certificate shall be prima facie evidence of the facts therein stated; and thereupon, such street railroad company shall be authorized to proceed and construct and operate such street railroad, as described in its articles of association, or any portion thereof, subject to such rules and regulations as may be established by ordinances of such city.

CHAPTER 73.-REAL ESTATE.

SECTION 1. [Deeds-Execution-Acknowledgment.]-Deeds of real estate or of any interest therein in this state, except leases for one year or for a less time, must be signed by the grantor, being of lawful age, in the presence of at least one competent witness, who shall subscribe his name as a witness thereto and be acknowledged or proved and recorded as directed in this chapter.

SEC. 2. [Deeds-Acknowledgment.]-The grantor must acknowledge the instrument to be his voluntary act and deed.

SEC. 3. [Acknowledgment before whom.]-The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, or some justice of the peace, or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.

NOTE.-Chap. XLIII, R. S. 280. Chap. 61, G. S. 872. Secs. 18, 19, 20, 28 and 30 of the original chapter were substantially re-enacted in 1879 and appear ante p. 186. Secs. 60-84 of original chapter are transferred and appear in chapter 32, ante p. 286.

SEC. 1. The presence of the attesting witness, at the time the instrument is subscribed by the parties thereto, is not essential if he is immediately afterwards told by them that such instrument is their agreement, and is by them requested to subscribe the same as a witness. 4 Neb. 121. Weakness of understanding alone not sufficient to avoid a deed. 2 Neb. 116. 4 Id. 117. 6 Id. 404. Deeds of assignment for benefit of creditors must be executed as required by this section. 10 Neb. 513. Delivery of deed. 8 Neb. 371. 10 Neb. 5, 129. Mistake or abbreviation in name of grantee. 7 Neb. 2. Execution by agent. 5 Neb. 304. And see 5 Neb. 174.

SEC. 2. The acknowledgment is no part of the deed itself. 7 Neb. 164. A certificate that "personally appeared before me" etc. is a sufficient statement of the identity of the grantor. Id. See note to sec. 38,

SEC. 4. [Same in another state.]-If acknowledged or proved in any other state or territory, or district of the United States, it must be done according to the laws of such state, territory, or district, and must be acknowledged or proved before any officer authorized to do so by the laws of such state, territory, or district, or before a commissioner appointed by the governor of this state for that purpose.

SEC. 5. [Same-Authentication.]-In all cases provided for in section. four of this chapter, (if such acknowledgment or proof is taken before a commissioner appointed by the governor of this state for that purpose, notary public, or other officer using an official seal,) the instrument thus acknowledged or proved, shall be entitled to be recorded without further authentication; Provided, That in all other cases, the deed or other instrument shall have attached thereto a certificate of the clerk of a court of record, or other proper certifying officer of the county, district, or state within which the acknowledgment or proof was taken, under the seal of his office, showing the person whose name is subscribed to the certificate of acknowledgment, was at the date thereof such officer as he is therein represented to be; that he is well acquainted with the handwriting of such officer; that he believes the said signature of such officer to be genuine, and that the deed or other instrument is executed and acknowledged according to the laws of such state, district, or territory.

SEC. 6. [Same in foreign country.]-If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge des affairs, commissioner, commercial agent, or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate.

SEC. 7. [Refusal to acknowledge-Proof.]-If the grantor die before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refuses to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto, before any officer authorized to take the acknowledgment; and the witness must state upon oath, his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same; and such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.

SEC. 8. [Witnesses to appear.]-The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose aforesaid.

SEC. 9. [Same-Failure-Penalty.]-Every person who, being served with a subpoena, and having been tendered the fees of a witness in a justice's court, shall, without reasonable cause, refuse or neglect to appear, or, appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he shall submit to answer upon oath as aforesaid.

SEC. 10. [Witness absent.]—If all the subscribing witnesses shall be dead,

SEO. 5. See sec. 36, this chapter. If a deed is executed and acknowledged in another state before a commissioner of deeds of this state, a notary public, or other officer using an official seal, the law presumes a compliance with the law of the place of execution and no further authentication is necessary, but in all other cases there must be attached the certificate mentioned in the proviso to this section. 4 Neb. 435. A deed executed before a justice of the peace in Virginia, there being no evidence that it was executed and acknowledged according to the laws of Virginia, held, properly excluded. Id. See also 5 Neb. 174. The record of a mortgage executed in another state where the acknowledgment is taken by an officer not using an official seal, and not certified to as required in the proviso is void and inadmissible in evidence against a subsequent purchaser; but if actual notice of the mortgage by the purchaser be shown, the judgment will not be reversed." 10 Neb. 482.

or out of the state, such death or absence is first to be proved, and then the execution of the deed may be proved before such officer by proving the handwriting of the grantor, and of any subscribing witness to such deed.

SEC. 11. Unacknowledged deed-Filing.]-Any person interested in a deed that is not acknowledged, may, at any time before or during the proceedings before such officer, file in the office of the county clerk of the county where the lands lie, a copy of the deed, compared with the original by the clerk, which shall, for the space of thirty days thereafter, have the same effect as the recording of the deed, if such deed shall within that time be duly proved and recorded.

SEC. 12. [Certificate of acknowledgment.]-Every officer who shall take the acknowledgment or proof of any deed, shall endorse a certificate thereof, signed by himself, on the deed; and in such certificate shall truly and specifically set forth the matters hereinbefore required to be done, known or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given.

SEC. 13. [Evidence-Deeds--Transcript.]-Every deed acknowledged or proved, and certified by any of the officers before named, including the certificate specified in section five of this chapter, whenever such certificate is required by law, may be read in evidence without further proof, and shall be entitled to be recorded. The record of a deed duly recorded, or a transcript thereof duly certified, may also be read in evidence with the like force and effect as the original deed, whenever, by the party's oath or otherwise, the original is known to be lost, or not belonging to the party wishing to use the same, nor within his control. Neither the certificate of the acknowledgment or of the proof of any deed, nor the record or transcript of the record of such deed, shall be conclusive, but may be · rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of a deed, shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such deed, nor the record thereof, shall be received in evidence until established by other competent proof.

SEC. 14. [Certificate of acknowledgment- Record.] -- The certificate of the proof or acknowledgment of every deed, and the certificate of the genuineness of the signature of any officer, in the cases where such last mentioned certificate is required, shall be recorded together with the deed so proved or acknowledged; and unless the said certificates be so recorded, neither the record of such deed, nor the transcript thereof, shall be read or received in evidence.

SEC. 15. [Time of record.] Every deed entitled by law to be recorded, shall be recorded in the order, and as of the time when the same shall be delivered to the clerk for that purpose, and shall be considered recorded from the time of such delivery.

SEC. 16. [Effect of record-Notice.]-All deeds, mortgages, and other instruments of writing, which are required to be recorded, shall take effect and be in force from and after the time of delivering the same to the clerk for record, and not before, as to all creditors and subsequent purchasers in good faith without notice; and all such deeds, mortgages, and other instruments, shall be adjudged void as to all such creditors and subsequent purchasers without notice, whose deeds, mortgages, and other instruments, shall be first recorded; Provided, That such deeds, mortgages, or instruments shall be valid between the parties.

SEC. 13. One link in the plaintiffs chain of title was a deed from Shorter to Young, plaintiff's lessor, which deed contained thirty-three descriptions of land in three different counties, while the lease from Young to plaintiff contained but one of said descriptions. Held, that the record of said deed was properly received in evidence on the trial without inquiry as to the possession of the original. 10 Neb. 500. And see 10 Neb. 481. SEC. 16. The proper registration of a conveyance operates as constructive notice to all subsequent purchasers, and is as effectual in law as personal notice. 6 Neb. 269. The record is only notice of the lands described in the instrument, but where there is an omission by mistake and a judgment is subsequently recovered against the mortgagor the lien of the judgment creditor is subject to the equity of the mortgage. 7 Neb. 289. (Overruling 1 Neb. 465.) See 7 Neb. 171, 394, 465. 8 Neb. 435, 399. An unrecorded mortgage takes precedence of a subsequent conveyance by the mortgagor without consideration. 9 Neb. 120. Prior deed takes precedence of attachment or judgment if recorded before deed based on such attachment or judgment. 10 Neb. 189. See also 4 Neb. 436. 5 Id. 160. 7 Id. 234. 8 Id. 435, 451. 10 Id. 583, 584.