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to the secretary of state, to be canceled; and thereafter such person so removed from office shall be forever disqualified from holding the office of notary public; and the fees for taking such testimony shall be paid by the county, at the same rate as fees for taking depositions by notaries public.

SEC. 15. [Obsolete.]

SEC. 16. Repealed chap. 38, R, S. 270.]

CHAPTER 62.-OATHS AND AFFIRMATIONS.

*

SECTION 1. [Administration.]-Oaths and affirmations may be administered in all cases whatsoever by judges of the supreme court, judges of the district courts, clerk of the supreme court, clerks of the district courts within their respective districts, and by probate judges, justices of the peace, and notaries public, within their respective counties.

CHAPTER 63.-OCCUPYING CLAIMANTS.+

SECTION 1. [Improvements paid for before eviction.-That in all cases where any occupying claimant, being in quiet possession of any lands or tenements, for which such person can show a plain and connected title, in law or equity, derived from the records of some public office; or being in quiet possession of, and holding the same by deed, devise, descent, contract, bond or agreement, from and under any person claiming title as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded; or by being in quiet possession of, and holding the same under sale on execution against any person claiming title as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded, or being in possession of and holding any land under any sale for taxes, authorized by the laws of this state, or the laws of the territory of Nebraska, or any person in quiet possession of any land, claiming title thereto, and holding the same in good faith under a deed or sale made by executors, administrators, or guardians, or by any other person or persons in pursuance of any order of court, or decree in chancery where lands are or have been directed to be sold, and the purchaser or purchasers thereof have obtained title thereto and possession of the same without any fraud or collusion on his, her, or their part, shall not be evicted or turned out of possession by any person or persons, who shall set up and prove an adverse and better title to said lands, until said occupying claimant, his, her, or their heirs, shall be fully paid the value of all lasting and valuable improvements made on said land by such occupying claimant, or by the person or persons under whom he, she, or they may hold the same previous to receiving actual notice, by the commencement of suit on such adverse claim, by which such eviction may be effected, unless such occupying claimant shall refuse to pay the person so getting up and proving an adverse and better title, the value of the land without the improvements made thereon as aforesaid, upon the demand of the successful claimant or his heirs hereinafter provided. [G. S. § 1, 500.]

SEC. 2. [Occupants under tax title.] That the title by which the successful claimant succeeds against the occupying claimant, in all cases of lands sold for taxes, by virtue of any of the laws of this state or the laws of the territory of Nebraska, shall be considered an adverse and better title under the provisions of the first section, whether it be the title under which the taxes were due, and for which said land was sold, or any other claim or title whatever; and the occupying claimant holding possession of lands sold for taxes as aforesaid, having the deed of a county treasurer for such sale for taxes, or a certificate of sale of said land from a collector of taxes or county treasurer, or shall claim under the person or persons who hold such deed or certificate, shall be considered as having sufficient title to said land to demand the value of improvements under the provisions of the first section of this act.

*NOTE.-Chap. XXXIX, R. S. 274. Chap. 50 G. S. 499.

+NOTE.-"An act for the relief of occupying claimants of lands." Chap. 51, G. S. 500. Took effect May 1 1873.

SEC. 3. [Entry of claim-Jury.]-That the court rendering judgment in any case provided for by this act, against the occupying claimant, shall at the request of either party cause a journal entry thereof to be made and thereupon a jury shall be impaneled by the court in the usual manner provided by law in civil causes.

SEC. 4. [Duty of jury.]-That the jury impaneled as above shall immediately proceed to view the premises in question, and then and there on oath or affirmation assess the value of all lasting and valuable improvements made as aforesaid on the lands in question, previous to the party receiving actual notice as aforesaid of such adverse claim, and shall also assess the damages, if any, which the said land may have sustained by waste, together with the net annual value of the rents and profits which the occupying claimant may have received from the same, after having received notice of the plaintiff's title by the service of process, and deduct the amount thereon from the estimated value of such lasting and valuable improvements, and said jury shall also assess the value of the land in question at the time of rendering judgment as aforesaid, without the improvements made thereon, or damages sustained by waste as aforesaid.

SEC. 5. [Return of jury-New valuation.]-That the jury shall sign and seal their respective assessments and valuation aforesaid, and deposit the same with the clerk of the court, at such time as the court may direct; and if any person shall think himself or herself aggrieved by any such assessment or valuation aforesaid, he or she may apply to the court at the term to which the proceedings are returned; and said court may upon good cause shown, set aside such assessment or valuation, and order a new valuation and impanel a new jury as hereinbefore provided, [and] shall proceed in the same manner hereinbefore directed.

SEC. 6. [Judgment for plaintiff Mesne profits barred.]-That if the jury shall report a sum in favor of the plaintiff or plaintiffs in ejectment on the assessment and valuation of the valuation and lasting improvements, and the assessment of damages for waste, and the net annual value of the rents and profits, the court shall render a judgment therefor without pleadings and issue execution thereon as in other cases; or if no excess be reported in favor of the plaintiff or plaintiffs, then in either case the plaintiff or plaintiffs in ejectment shall be thereby barred from having or maintaining any action for mesne profits.

SEC. 7. [Rights of successful claimant.]-That if the jurors shall report a sum in favor of the occupying claimant or claimants on the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, if any, sustained by waste, together with the net annual value of the rents and profits which the defendant or defendants may have received, after the commencement of the action of ejectment as aforesaid, the successful claimant or his heirs or the guardian of such heirs, they being minors, may at his, her, or their election, either demand of the occupying claimant the value of the land without improvements, so as aforesaid assessed, and tender a deed of the land in question to the occupying claimant; or he, she, or they, may pay the occupying claimant the sum allowed by the jury in his favor within a reasonable time, as the court shall allow.

SEC. 8. [Same-Writ of possession.]-That if the successful claimant or his heirs, or the guardians of such heirs, they being minors, shall elect to pay and do pay to the occupying claimant the sum so reported in his favor by the jury, within such reasonable time as the court have allowed for the payment, then a writ of possession shall issue in favor of said successful claimant, his heirs or the guardians of such heirs.

SEC. 9. [Same.]--That if the successful claimant, his heirs, or the guardians of such heirs, they being minors, shall elect to receive the value of the lands, without improvements so as aforesaid assessed to be paid by the occupying claimant within such reasonable time as the court may allow, and shall tender a general warranty deed of the land in question conveying such adverse and better title,

within the said time allowed by the court for the payment of the money in this section mentioned, and the occupying claimant shall refuse or neglect to pay said money (the value of the land without improvements) to the successful claimant, his heirs or their guardians, within the time limited as aforesaid, then a writ of possession shall be.issued in favor of said successful claimant, his heirs or their guardians.

SEC. 10. [Rights of occupying claimant.]—That the occupying claimant, or his heirs, shall in no case be evicted from the possession of such land unless, as is provided in the two preceding sections, where an application is made for the value of improvements under this law; and in all cases where the occupying claimant or claimants, or his or their heirs, shall have paid into court the value of the lands in question, without improvements, within the time allowed by the court (where an election has been made by the successful claimant or claimants, his or her heirs, or guardians as aforesaid to surrender any tract of land under the provisions of this act), such occupant or his heirs may at any time after such payment shall have been made, file his, her, or their petition in the court where such judgment of eviction was obtained, and obtain a decree for the title of such land, if the same had not been previously conveyed to such occupant as aforesaid.

SEC. 11. [Repealed Laws 1867, 12 Sess. Ter. 14.]
SEC. 12. [Took effect May 1, 1873.]

CHAPTER 64.-OILS.

SECTION 1. [Testing oils.]-That it shall be unlawful for any person or persons to offer for sale, for illuminating purpose, as agent, or otherwise, any mineral or petroleum oil, or any oil fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, until after he, or they have tested the same in the manner following, towit: By taking not less than half a pint of the oil, fluid, or substance to be tested, and placing the same in a small vessel, in which there is no other substance, of such dimensions that the surface of the oil, fluid, or substance shall not exceed four square inches in area, and placing a Fahrenheit's thermometer in said oil, fluid or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid, or substance will emit a gas, or vapor that will ignite by bringing the flame of a lighted match, or other burning taper, in contact with the surface of the article being tested, with such frequency and in such a manner as to ascertain the exact temperature by said thermometer at which said Huid, oil, or substance will emit a gas that will ignite, and if it will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale. [1875 § 1, 27.]

SEC. 2. [Penalty for selling.]-That any person or persons who shall offer for sale for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he, or they, have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes, any of said articles that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, under the test prescribed in this act, he or they shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than one hundred dollars, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.

SEC. 3. [Same.]-That if any person or persons, manufacturer, refiner, or wholesale dealer of any oil, fluid, or substance mentioned in the first section of this

NOTE.-"An act to regulate the sale of illuminating oils." Laws 1875, 27. Took effect May 1, 1875.

act, as agent, or otherwise, shall sell for illuminating purposes, any oil, fluid, or substance mentioned in said section, that will emit a gas or vapor that will ignite at any temperature under one hundred and ten degrees Fahrenheit, under the test in this act prescribed, he, or they, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisonment in the jail of the county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution. SEC. 4. [Same.]-That if any person or persons, shall sell for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance, that will emit a gas or vapor, that will ignite at any temperature below one hundred and ten degrees Fahrenheit under the test prescribed by this act, he, or they, shall be guilty of a misdemeanor, and on conviction therof, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars, or imprisonment in the jail of the county not exceeding ten days, or both, at the discretion of the court, and shall pay the costs of prosecution.

SEC. 5. [Damages.]—That if any person shall sustain damage to his property, or injury to his person, by reason of a violation of any of the provisions of this act by another person, the person guilty of violation shall be liable to the person injured for all damages sustained thereby, and in case any person violating the provisions of this act, shall, by such violation, cause the death of another, he shall be guilty of manslaughter, and on conviction thereof, shall be punished according to the provisions of the section of the criminal statute defining that crime.

SEC. 6. [Contracts, when void.]--That any and all contracts made in violation of the provisions of this act are hereby declared to be void, and the vendor may return the oil, fluid, or substance purchased, at the expense of the vendor, and recover from the vendor all that he has paid therefor, including all charges for transportation, and all other damages resulting from said sale. SEC. 7. [Took effect May 1, 1875.]

CHAPTER 65.-PARTNERSHIPS.

SECTION 1. [Limited-Formation.]-That limited partnerships for the transaction of any mercantile, mechanical, or manufacturing business within this state, may be formed by two or more persons upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this chapter shall not be construed to authorize any such partnership for the purpose of banking or effecting insurance. [G. S. 504.]

SEC. 2. [Partners-General--Special-Liability.]-Such partnerships may consist of one or more persons who shall be called general partners, and who shall be jointly and severally responsible as general partners now are by law, and of one or more persons who shall contribute in actual cash payments, or in goods, wares, merchandise, machinery, and fixtures, a specific sum as capital to the common stock, who shall be called special partners, and who shall rot be liable for the debts of the co-partnerships beyond the fund so contributed by him or them to the capital stock.

SEC. 3. [Business transactions.]—The general partners only shall be authorized to transact business and sign for the co-partnership and to bind the

same.

SEC. 4. [Certificate of formation.]- The persons desiring to engage in the formation of such partnerships, shall make and severally sign a certificate which shall contain: 1. The name of the firm under which such partnership is to be conducted. 2. The general nature of the business intended to be transacted. 3. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence. 4. The amount of capital in money or in goods, wares, merchandise, machinery and fixtures, which each special partner shall have

NOTE. "An act to authorize limited partnerships in the state of Nebraska." Chap. 52. G. S. 504. Took effect March 1, 1873.

contributed to the common stock. 5. The period at which the partnership is to commence, and the period at which it shall terminate.

SEC. 5. [Same-Acknowledgment.]-The certificate shall be acknowledged by the several persons signing the same before a notary public, or other officer authorized by law to take the acknowledgment or proof of the execution of conveyances of land, and such acknowledgment or proof shall be made and certified in the same manner as the acknowledgment or proof of conveyances of land may be made or certified.

SEC. 6. [Same-Filing.]-The certificate so acknowledged and certified shall be filed in the office of the county clerk of the county in which the principal place of business of the partnership shall be situated, and shall be recorded by such clerk in a book to be kept for that purpose, and in case any such partnership shall have a place of business in more than one county in the state, then a copy of such certificate, so acknowledged and certified by the clerk of the county where the original was filed, shall in like manner be filed and recorded in each other county in which such partnership shall have a place of business, in the office of the clerk of said county.

SEC. 7. [Same-Capital-Affidavit.]—At the time of filing the original certificate with the evidence of the acknowledgment thereof, as before directed an affidavit of one or more of the general partners shall also be filed in the same office, stating that the sums specified in the certificate, or value thereof in goods, wares, merchandise, machinery, and fixtures, have been contributed by each of the special partners to the common stock, and actually and in good faith paid into the general fund.

SEC. 8. [When formed.]-No such partnership shall be deemed to have been formed until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed, as before directed; and if any false statement be made in such certificate or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof as general partners.

SEC. 9. [Terms-Publication.]—The partners shall immediately publish the terms of the partnership, when registered as above provided, for at least six consecutive weeks, in two newspapers to be designated by the clerk of the county in which the registry shall be made, and if no newspapers are published in the county, then the same shall be published in the judicial district in which their business shall be conducted, and if such publication be not made, the partnership shall be deemed general.

SEC. 10. [Same-Filing.]-Affidavits of the publication of such notice by the printer, publisher, or foreman of the newspapers in which the same shall be published, may be filed with the clerk directing the same, and shall be evidence of the facts therein contained.

SEC. 11. [Renewals.1-Every renewal or continuance of such partnership beyond the time originally fixed for its duration, shall be certified, acknowledged, and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner herein required for its original formation, and every such partnership which shall be otherwise renewed or continued shall be deemed a general partnership.

SEC. 12. [Alteration in terms-Dissolution.]-Every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership, and every such partnership which shall in any manner be carried on after any such alteration shall have been made, shall be deemed a general partnership unless renewed as a special partnership according to the provisions of this act.

SEC. 13. [Firm name.]-The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted and if the name of any special partner shall be used in such firm he shall be deemed and held liable as a general partner.

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