thereof, but no religious tests shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots.

2945. Such board of trustees shall have power to pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, governing, and protecting the cemetery, the owners of lots therein, visitors thereof, and trespassers therein. And the officers of such city or village shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the corporation of such city or village itself.

2946. All moneys received from the sale of lots in any such cemetery, or which may come to it by gifts or devise, or otherwise, shall be devoted exclusively to the care, management, adornment, and government of such cemetery itself, and shall be expended exclusively for such purposes under the direction of such board of trustees.

2947. Upon the organization of such cemetery association as herein provided, all property and moneys now under the control of the city council or village trustees shall vest in such cemetery association for the purposes aforesaid, and all moneys in the control of such city council or village trustees shall be turned over to the board of trustees of such cemetery association.

2948. Paragraphs 34, 35, and 36 of section 69 of chapter 14, entitled "Cities. of the Second class, and Villages," of the Compiled Statutes of the state of Nebraska, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed; Provided, That all rights accrued under the power contained in said section are hereby confirmed.

Secs. 2949 and 2950. "An act to continue the organization of cities of the second class and to legalize their acts and elections thereunder." 1881, p. 164. In force February 28.

2949. That in all cases where any municipal corporation containing less than fifteen hundred and more than one thousand inhabitants shall have legally organized as a city of the second class, under a law in force at the time of such organization, and shall not have organized as a village under the provisions of the act to provide for the organization, government, and powers of cities and villages, approved March 1, 1879, and shall not so organize by the election of officers on the first Tuesday of April, 1881, the organization of such corporation as a city of the second class shall continue and be in force until changed as now provided by law.

2950. That all acts performed and elections held by such corporations so legally organized as cities of the second class under the laws in force at the time of such organization shall be held to be as valid for all purposes as if done and held by and in cities of the second class duly organized under the laws in force for that purpose.

Secs. 2951 and 2952. "An act to legalize the incorporation of certain villages and all acts, bylaws, and ordinances thereof, and to constitute its board of trustees a legal body." 1881, p. 199. In force June 1.

2951. That all villages having more than two hundred inhabitants, who have associated themselves together by written agreement or by petition of a majority of the legal voters therein, designating the object of their association to be the incorporation of a village, under the laws of Nebraska, and showing therein the boundaries of the same, and having a board of trustees elected by a majority of the legal voters of said village, who are acting conformable to the law of the state of Nebraska, regulating the powers and duties of the boards of trustees of villages, be and the same are hereby declared to be duly and lawfully organized and incorporated as villages under the laws of this state, together with all additions that have been made thereto. And such villages, and their boards of trustees, and the

officers by them appointed, and all acts, by-laws, and ordinances done and adopted by them are hereby declared to be legal and valid, and shall have all the force and effect given to the acts, by-laws, and ordinances of villages incorporated under the laws of this state.

Amended 1883, p. 115.

2952. Such villages shall be governed by the law of this state regulating villages, and shall have and exercise all the powers and privileges of villages duly incorporated under the laws of this state, and their said trustees and officers shall have and exercise all the powers and privileges of trustees and officers under the laws of this state concerning villages.

Secs. 2953 to 2956. "An act to provide for vacating streets, alleys, and public grounds in towns and villages." 1871, p. 125. In force March 10.

2953. Any person seeking to have any street, alley, or public grounds, in any town or village, vacated, shall give thirty days' notice of the intended application therefor to the county commissioners for the vacation of such street, alley, or public grounds, by posting five notices in as many of the most public places within the limits of the said town or village. Such notices shall contain a particular description of the street, alley, or public grounds desired to be vacated, and the time at which the application will be made to the county board for the order of vacation.

2954. Upon the application of any person to the county board for the vacation. of any street, alley, or public grounds, proving by the oath of two persons that the foregoing section has been complied with, and by giving bond with sufficient security for all costs payable to the county, the board shall appoint three disinterested householders of the town or village to examine the street, alley, or public grounds, and at the next regular meeting of the board report whether in their opinion any injustice or inconvenience will be worked by the vacation of such street,. alley, or public grounds. The board, upon such report and other testimony presented by the applicant, or others opposing the vacation, shall decide for or against such vacation.

2955. The county board, if convinced that no injustice will be worked by any person or persons by such vacation, shall order such vacation, and in all cases they shall cause all expenses arising from the application and the ensuing proceedings to be paid by the party or parties applying for such vacation.

2956. The street, alley, or public grounds thus vacated shall become the property of owners of real estate thereto adjacent, on each side, in proportion to the frontage of such real estate. The county clerk shall make a quitclaim deed, in the name of the county, to the different persons to whom such street, alley, or public grounds may inure, signing said deed, and attaching the county seal thereto, and such deed shall convey all the title vested in the county.

Secs. 2957 to 2961. "An act to provide for the abolishment of 'incorporation of villages' in any village which may have been incorporated and its return to county government after such abolishment." 1885, p. 156. In force June 5.

2957. Any village of the state of Nebraska which may have been incorporated under the laws of this state shall abolish the same whenever a majority of the electors of said village, voting on the question of such abolishment, shall so decide, in the manner herein provided.

2958. Whenever a petition or petitions for submission of the question of the abolishment of incorporation to the voters of any village, signed by not less than one-third of the electors and taxpayers of said village, shall be filed in the office of the county clerk of the county in which such village is situated, not lessthan thirty days before the date of any general election, it shall be the duty of such

county clerk to cause said question to be submitted to the voters of said village at such election, and give notice thereof in the general notice of such election; Provided, That no village shall abolish incorporation until all liabilities are liquidated.

2959. The forms of ballot shall be respectively, "For abolishment of incorporation," and "Against abolishment of incorporation," and the same shall be written or printed upon the regular ballots cast for officers voted for at such election, and shall be counted and canvassed in the same manner.

2960. If it shall be decided at such election that incorporation of said village De abolished, then from and after the first day of January next ensuing, "incorporation of said village" shall cease and be abolished, and said village shall thereafter be governed by county commissioners as provided by law.

2961. That upon abolishment of incorporation all corporate property belonging to said village shall be placed in the hands of the road overseer of the district in which said village is located, or sold, as shall be deemed by the trustees of said village for the best interest of said district, and if the proceeds exceed the sum of one hundred dollars, shali be placed in the hands of the county treasurer, to be paid out by order of the county commissioners for the exclusive use of the road district in which said village is located.

Secs. 2962 and 2963. "An act to punish city and village officers who become interested in contracts with the city or village, or who furnish any material to any person contracting with the city or village." 1889, p. 344. In force March 15.

2962. Any officer of any city in the state who shall hereafter be interested, directly or indirectly, in any contract to which the city is a party, or who shall enter into any contract to furnish, or shall furnish to any contractor, or subcontractor, with a city of which he is an officer, any material to be used in performing any contract with such city, shall, upon conviction thereof, be fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).

2963. Any officer of any village in this state who shall hereafter be interested, directly or indirectly, in any contract to which such village is a party, or who shall enter into any contract to furnish, or shall furnish to any contractor or subcontractor with the village of which he is an officer, any material to be used in performing any contract with such village, shall, upon conviction thereof, be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

CHAPTER 36.-NAMES.

Secs. 2964 to 2967. "An act to authorize district courts to change names of persons, towns villages, and cities within this state." 1871, p. 62. In force March 9.

2964. That the district court shall have authority to change the names of persons, towns, villages, and cities within this state.

2965. That any person desiring to change his or her name may file a petition in the district court of the county in which such person may be a resident, setting forth: First-That the petitioner has been a bona fide citizen of such county for at least one year prior to the filing of the petition. Second-The cause for which the [change of] petitioner's name is sought. Third-The name asked for. And it shall be the duty of the district court at any term thereof after the filing of such petition, upon being duly satisfied, by proof in open court, of the truth of the allegations set forth in the petition, and that there exists proper and reasonable causes for changing the name of the petitioner, and that thirty days' previous notice of the intended application had been duly given in some newspaper printed in such county, or in case no newspaper be printed in the county, then in some newspaper in general circulation therein, to order and direct a change of name of such petitioner, and that an order for the purpose be made in the journals of such court.

2966. That whenever it may be desirable to change the name of any town, village, or city in any county of the state, a petition for that purpose may, in like manner, be filed in the district court of such county, signed by a majority of the legal voters of such town, village, or city, setting forth the cause why such change is desirable, and the name prayed for to be substituted, and the court, upon being satisfied by proof that the prayer of the petitioners is reasonable and just, and that notice as required in the foregoing section had been given, and that two-thirds of the legal voters of such town, village, or city desire the said change, and that there is no other town, village, or city in the state of the name prayed for, may order the change prayed for in such petition.

2967. All proceedings under this act shall be at the cost of the petitioner or petitioners, for which fee-bill, or execution, may issue as in civil cases; Provided always, That any change of names under the provisions of this act shall not in any manner affect or alter any right of action, legal process, or property.

CHAPTER 37.-NEGOTIABLE INSTRUMENTS.

Secs. 2968 to 2974 formed ch. 27 R. S. 1866, p. 239, entitled "Instruments Negotiable."

2968. All bonds, promissory notes, bills of exchange, foreign and inland, drawn for any sum or sums of money certain, and made payable to any person or order, or to any person or assigns, shall be negotiable by endorsement thereon, so as absolutely to transfer and vest the property thereof in each and every endorsee successively, but nothing in this section shall be construed to make negotiable any such bond, note, or bill of exchange, drawn payable to any person or persons alone, and not drawn payable to order, bearer, or assigns; Provided, That all such bonds, promissory notes, and bills of exchange, made payable to bearer, shall be transferable by delivery without endorsement thereon.

Note not negotiable unless payable to order, bearer, or assigns. 6, 381. Provision for atterney's fees does not render a note non-negotiable. 8, 14; 8, 27. A written guarantee is an endorsement. 28, 500 (44 N. W., 485). See 4, 579; 20, 340 (30 N. W., 249).

2969. Any endorsee to whom any such bond, note, or bill of exchange, made negotiable by the preceding section, is made payable by such endorsement or endorsements, may, in his own name, institute and maintain an action on such bond, note, or bill, for the recovery of the money due thereon, against the maker, drawer, or obligor, or against the endorsee, having first used due diligence to obtain the money of the drawer, maker, or obligor.

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Instrument bearing no date of payment, but stating that " on default of prompt payment of * shall be due," the interest for thirty days after it is due, then this note * is payable on demand. Endorsee for collection may sue in his own name but subject to equitable defenses of maker. 27, 429 (43 N. W., 241). Where mother endorses note to son who pledges it as security, mother will not be allowed to contradict the legal effect of such endorsement. 8, 156. Alteration of a negotiable instrument in a material part vitiates the instrument. 5, 225. Genuine endorsement by payee must be shown before action can be maintained. If payee is fictitious, will be treated as payable to bearer and no endorsement necessary. If payable to some person known to exist and present to the mind of the drawer, endorsement of such payee necessary. 2,

29.

2970. All notes, bonds, or bills made negotiable by this chapter shall be entitled to three days' grace in the time of payment, and the demand of payment, from the maker, on the third of grace or of acceptance, if the instrument is a sight draft, and notice of non-payment, or non-acceptance thereof to the endorser, within a reasonable time, shall be adjudged due diligence under the provisions of this chapter, unless the endorsement shall express, in writing, other conditions.

Protest on last day of grace and notice given endorser on following, held within a reasonable time. 21, 444 (32 N. W., 217). See 9, 28 (2 N. W., 881).

2971. If any such bond, note, or bill of exchange shall be endorsed after the day on which it is made payable, and the endorsee shall institute an action thereon against the maker, drawer, or obligor, the defendant shall be allowed to set up the same defense that he might have done had the same action been instituted in the name and for the use of the person to whom the said note, bond, or bill was originally made payable.

Alteration in a material way invalidates instrument. 6, 538. Extension of time by endorsee without consent of endorser good defense. 7, 76. Endorsee after maturity takes notes subject to defenses. 7, 88. Endorsee cannot maintain action against guarantor and maker jointly. 9, 448 (4 N. W., 69). Competency of witness as to handwriting where signature has been fraudulently obtained from a person by inducing him to believe he is signing a different instrument, with no fault of his, such instrument will be void even in the hands of a bona fide holder. 5, 251.