2972. If any such bond, note, or bill of exchange shall be endorsed on or before the day on which the same is made payable, and the endorsee shall institute an action thereon, the defendant may give in evidence at the trial any money actually paid on said bond, note, or bill of exchange, before the same was endorsed or assigned to the plaintiff, on proving that the plaintiff had notice of such payment before such endorsement was made and accepted.

A note will not discharge a pre-existing debt unless it is expressly understood that the original indebtedness is paid. 5, 437. Memorandum on back of note held to be a part of note. 8, 383. 2973. It shall be lawful for any person or persons having a right, to demand any sum of money upon any protested bond, note, or bill of exchange as aforesaid to commence and prosecute an action for principal, damages, interest, and charges of protest against the drawers, makers, or endorsers, jointly or severally, or against either of them separately. And judgment shall and may be given for such principal, damages, charges, and interest upon such principal, after the rate aforesaid, to the time of such judgment, together with costs of suit.

Endorsee after maturity takes a note subject to all defenses the original maker would have. 7, 82. See 1, 415; 4, 427.

2974. When any bill of exchange shall be drawn for the payment of any such sum of money, and such bill shall be legally protested for non-acceptance or nonpayment, the drawer or drawers, endorser or endorsers shall be subject to the payment of twelve per centum damages thereon, if drawn upon any person or persons or body corporate without the jurisdiction of the United States, and six per centum damages thereon, if drawn upon any persons or body corporate within the jurisdiction of the United States, and without the jurisdiction of this state.

Sec. 2975. "An act to designate certain days to be observed as holidays in respect to bills of exchange, promissory notes, and bank checks." 1873. In force February 18. G. S., 427.

2975. That the following days, to-wit: the first day of January, February twenty-second, and the twenty-second of April, which shall be known as "Arbor Day," the twenty-fifth day of December, the thirtieth day of May, and July fourth, and any day appointed or recommended by the governor of this state, or the president of the United States, as a day of fast or thanksgiving, and when any one of these days shall occur on Sunday, then the Monday following, shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks, or promissory notes, made after the passage of this act, be deemed public holidays, and be treated and considered as is the first day of each week, commonly called Sunday; Provided, That when any one of these days shall occur on Monday, any bill of exchange, bank check, or promissory note made after the passage of this act, which but for this act would fall due and be payable on such Monday, shall become due and payable on the day thereafter.

Arbor day added 1885, p. 266. Adjournment of court to, and opening it on, Thanksgiving day, no step in the case being taken on that day, is not cause for new trial. 14, 546 (16 Ň. W., 898).

Sec. 2976. "An act providing for a holiday to be known as 'Labor Day.”” 1889, p. 579. In force June 30.

2976. The first Monday in the month of September in each year shall hereafter be known as "Labor Day," and shall be deemed a public holiday in like manner and to the same extent as the holidays provided for in section eight (8) of chapter forty-one (41) of the Compiled Statutes of 1887 [2975].

CHAPTER 38.-OATHS AND AFFIRMATIONS.

Sec. 2977 formed ch. 39, R. S. 1866, p. 274.

2977. 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. A complaint may be sworn to before clerk of district court. 26, 757 (42 N. W., 762).

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CHAPTER 39.-OFFICERS.

I. BONDS.

Secs. 2978 to 3001. "An act concerning official bonds and oaths." 1881, p. 94. In force February 28.

2978. All state, district, county, precinct, township, municipal, and especially appointed officers, except those mentioned in section one, article 14, of the constitution, shall, before entering upon their respective duties, take and subscribe the following oath, which shall be endorsed upon their respective bonds: "I do solemnly swear that I will support the constitution of the United States, the constitution of the state of Nebraska, and faithfully and impartially perform the duties of the office of according to law, and to the best of my ability. So help me God." any such officer is not required to give bond, the oath shall be filed in the office of the secretary of state, or the clerk of the county, city, village, or other municipal subdivision of which he shall be an officer.

If

Sureties of justice of the peace liable for official misconduct of principal. 6, 535. The sureties of a justice are liable for all moneys received by him in his official capacity; but not for moneys paid him on notes left with him for collection. 10, 484 (6 N. W., 597). Sureties on bond of clerk of a court of record are liable for money paid to him upon a judgment in his office. 18, 568 (14 N. W., 532). In action on official bond of county treasurer, it was held that the sureties might prove, as a defense, that the defalcation occurred before the giving of the bond sued on, and that the statement made to the county board by the treasurer as to the amount of money on hand at the commencement of his third term were not conclusive upon the sureties. 13, 103 (13 N. W. 19).

2979. All official bonds of state officers must be in form, joint and several, and made payable to the state of Nebraska in such penalty and with such conditions as required by this act, or the law creating or regulating the office.

2980. All official bonds of county, township, school district, and precinct officers must be in form, joint and several, and made payable to the county in which the officer giving the same shall be elected or appointed, in such penalty and with such conditions as required by this act, or the law creating or regulating the duties of the office.

Failure to insert names of sureties in the body of bond of no consequence. 4, 566. Errors do not vitiate. 8, 347. Sureties on bond of county officers liable only for acts done by their principals in their official capacity. 9, 240 (2 N. W., 219). That bond was made to "the people of the state of Nebraska," instead of to Dodge county, does not vitiate it. 12, 98 (10 N. W., 577).

2981. All official bonds of officers of cities, towns, and villages shall be in all respects as required by the last preceding section, except that they shall be made payable to the city, town, or village in and for which the officers giving the same shall be elected or appointed, in such penalty as the city, town, or village council or trustees may fix.

2982. Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the times as follows: Of all officers elected at any general election on or before the first Thursday after the first Tuesday in January next, succeeding the election; of all appointed officers within thirty days after their appointment; of officers elected at any special election, and city and village officers, within thirty days after the canvass of the votes of the election at which they were chosen.

2983. The official bonds of all state and district officers except governor shall be approved by the governor, and filed and recorded in the office of the

secretary of state. The official bond of the governor shall be approved by the chief justice of the supreme court. The official bond of the secretary of state shall be filed and recorded in the office of the auditor of public accounts.

2984. The official bonds of all county, precinct, and township officers shall be approved by the county board; Provided, The official bonds of the county commissioners or supervisors shall be approved by the county judge. The bonds of notary public shall be approved by the county clerk. All such bonds shall be filed and recorded in the office of the county clerk, except the bonds of the county clerk and the members of the county board, which shall be filed and recorded in the office of the county judge. The official bond of school district treasurer must be approved by the director and moderator and filed in the office of the clerk of the county.

2985. All official bonds of state officers shall be executed by the principal named in such bonds, with at least three sureties, who shall be residents of the state, and worth in the aggregate the amount named in such bond over and above their present indebtedness, and affidavits of the sureties showing the value of propperty owned by each, and subject to levy and sale upon execution in this state, shall be made and filed with the officer approving such bond.

2986. All official bonds of county, precinct, and other officers shall be executed by the principal named in such bonds, and at least two sufficient sureties who shall be freeholders of the county in which such bonds are given.

2987. The officers with whom any official bonds are required by law to be filed shall carefully record and preserve the same in their respective offices, and shall give certified copies thereof, when required, under the seal of their office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases.

26, 394 (41 N. W., 988).

2988. The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved.

2989. All official bonds shall be obligatory upon the principal and sureties, for the faithful discharge of all duties required by law of such principal, for the use of any persons injured by a breach of the condition of such bonds.

2990. No official bond shall be rendered void by reason of any informality or irregularity in its execution or approval.

2991. No state or county officer, or their deputies, shall be taken as security on the bond of any administrator, executor, or other officer, from whom by law bond is or may be required, and no practicing attorney shall be taken as surety on any official bond, or bond in any legal proceedings in the district in which he may reside.

This is rendered nugatory so far as attorneys are concerned. 17, 210 (22 N. W., 422).

2992. If any person elected or appointed to any office shall neglect to have his official bond executed and approved as provided by law, and filed for record within the time limited by this act, his office shall thereupon ipso facto become vacant, and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office.

2993. Any person appointed to fill a vacancy, before entering upon the duties of the office must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided.

2994. When the incumbent of an office is re-elected or re-appointed he shall qualify by taking the oath and giving the bond as above directed; but when

such officer has had public funds or property in his control, his bond shall not be approved until he has produced and fully accounted for such funds and property; and when it is ascertained that the incumbent of an office holds over by reason of the non-election or non-appointment of a successor, or of the neglect or refusal of the successor to qualify, he shall qualify anew within ten days from the time at which his successor, if elected, should have qualified.

2995. No person shall be surety for the same officer for more than two successive terms of the same office.

2996. The following named officers shall give bonds with penalties of the following amounts, to wit: The governor $50,000. The lieutenant governor $50,000. The auditor of public accounts $50,000. The secretary of state $50,000. The attorney general $50,000. The commissioner of public lands and buildings $50,000. The state treasurer not less than $600,000 and not less than double the amount of money that may come into his hands, to be fixed by the governor. The superintendent of public instruction $50,000. The reporter of the supreme court $10,000. The private secretary of the governor $10,000. The deputy auditor $10,000. The deputy secretary of state $10,000. The deputy state treasurer $50,000. The deputy commissioner of public lands and buildings $10,000. The state librarian $10,000. The warden of the penitentiary $10,000. The deputy warden $5,000. The superintendent of the insane hospital $10,000. The assistant superintendent $5,000. The steward $5,000. The principal of the blind asylum $10,000. The principal of the deaf and dumb asylum $10,000. The superintendent of the reform school $10,000. The secretary of the board of regents of the state university $10,000. Each clerk of the district court not less than $5,000 nor more than $10,000, to be determined by the county board. Each district attorney $5,000. Each county clerk not less than $5,000 nor more than $10,000, to be determined by the county board. Each -county treasurer not less than $10,000 and not less than double the amount of money that may come into his hands, to be fixed by the county board. Each county judge in counties having less than 6,000 inhabitants $5,000, over 6,000 and less than 20,000 inhabitants $10,000, over 20,000 inhabitants $50,000. Each sheriff in counties of less than 6,000 inhabitants $5,000, and over 6,000 inhabitants $10,000. Each county superintendent of public instruction $3,000. Each county surveyor $500. Each county commissioner or supervisor when the population does not exceed 10,000, $5,000; when the population does not exceed 15,000, $10,000; when the population exceeds 20,000, $15,000. Each county coroner $5,000. Each constable $1,000. Each justice of the peace $500. Each township clerk $500. Each township treasurer $5,000. Each assessor $500. Each school district treasurer $500 or not less than double the amount that may come into his hands, the amount to be fixed by the director and moderator of the district. Each notary public $2,000. Each road overseer $500.

107.

Principal and sureties both liable without first bringing action against principal for tort. 5,

2997. Officers not enumerated in the preceding section, and who are or may be required to give bonds, shall give the same in such penalty as may be provided by law or fixed by the board of officers empowered to fix the same. Deputies shall, except as otherwise specially provided, give bonds in the same manner and for the same sum as their principals.

2998. Any officer or person who is intrusted with funds belonging to the state or any county thereof, which may come into his possession by any appropriation or otherwise, shall be responsible for the same upon his bond, and when any officer or person is intrusted with any such funds, and there is no provision of