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3490. When a boy or girl of sane mind, under the age of sixteen years, shall be convicted before a justice of the peace or other inferior court, of any crime, mendicancy, vagrancy, or incorrigibility, it shall be the duty of said magistrate, before whom he or she may be convicted, to forthwith send such boy or girl, together with all the papers filed in his office on the subject, under the control of some officer to a judge of a court of record, who shall then issue an order to the parent or guardian of said boy or girl, or such person as may have him or her in charge, or with whom he or she has last resided, or any one known to be nearly related to him or her, or if he or she be alone and friendless, then to such person as said judge may appoint to act as guardian for the purposes of the case, requiring him or her to appear at a time and place stated in said order, to show cause why said boy or girl should not be committed to the state industrial school for training and reformation.

Certificate of committing court as to age of child committed is conclusive and question cant be reviewed by habeas corpus. 25, 202 (41 N. W., 152).

3491. Said order shall be served by the sheriff or other qualified officer, by delivering a copy thereof, personally, to the party to whom it is addressed, or leaving it with some person of full age at the place of residence or business of said party, and immediate return shall be made to said judge of the time and manner of such service. The fees of the sheriff or other officer under this chapter shall be the same as now allowed by law for like services.

3192. At the time and place mentioned in said order, or at the time and place to which it may be adjourned, if the parent or guardian to whom said order may be addressed shall appear, then in his or her presence, or if he or she fail to appear, then in the presence of some competent person whom the said judge shall appoint as guardian for the purposes of the case, it shall be lawful for the said judge to proceed to take the voluntary examination of said boy or girl and to hear the statements of the party appearing for him or her, and such testimony in relation to the case as may be produced, and if upon such examination and hearing the said judge shall be satisfied that the boy or girl is a fit subject for the state industrial school, he may commit him or her to said school by warrant.

3493. The judge shall certify in the warrant the place in which the boy or girl resided at the time of his or her arrest, also his or her age as near as can be ascertained, and command the said officer to take the said boy or girl and deliver him or her without delay to the superintendent of said school or other person in charge thereof, at the place where the same is located and established, and such certificate, for the purpose of this act, shall be conclusive evidence of his or her residence or age. Accompanying this warrant, the judge shall transmit to the superintendent, by the officer executing it, a statement of the nature of the complaint, together with such other particulars concerning the boy or girl as the judge is able to ascertain; Provided, The expense of conveying any boy or girl so committed to said state industrial school, or of returning them to their parent or guardian after their release therefrom, shall be at the expense of the state.

3494. The proceedings before any judge or the county court may be reviewed on writ of error by the district court, and proceedings before any district court or judge thereof may be reviewed by the supreme court in the manner provided by law for reviewing criminal cases in these courts.

3495. Each boy or girl committed to the school shall remain there until he or she arrives at the age of twenty-one, unless sooner paroled or legally discharged. The superintendent, by and with the advice and consent of the board, shall adopt such by-laws for the promotion, aroling, and final discharge of inmates as may be considered mutually beneficial for the institution and the inmates. The discharge

of any boy or girl pursuant to said by-laws, or having arrived at the age of twentyone, shall be a complete release from all penalties incurred by conviction of the of fense for which he or she was committed.

3496. If any person or persons shall entice or attempt to entice away from said school any boy or girl legally committed to the same, or who shall knowingly harbor, conceal, or aid in harboring or concealing any boy or girl who shall have escaped from the school, snch person shall, upon conviction thereof, be punished by fine not exceeding two hundred dollars ($200) or imprisonment in the state penitentiary not exceeding two years. Any sheriff or other officer authorized to make arrests, or any officer or employee of the school shall have power, and it is hereby made his duty, to arrest any inmate who shall have escaped from said school and return him or her thereto. The superintendent shall use all proper means for the apprehension of such escaped inmate, and for this purpose he shall offer a reward, not to exceed twenty-five dollars ($25) in each case.

3497. Authority is hereby given by the board of public lands and buildings to transfer all feeble-minded children who are now committed to the industrial school, or who may hereafter be committed thereto to the Nebraska institution for the feeble-minded youth at Beatrice, Nebraska.

3498. That chapter 75, entitled Reform School, as heretofore existing, is hereby repealed; Provided, that such repeal shall not affect any person heretofore ordered confined therein under the provisions of section 5 of said chapter 75.

Secs. 3499 to 3504. "An act to establish and locate a ‘girls' industrial school for juvenile delinquents;' to provide for the government, duties of officers, and methods of commitments and transfer; to make appropriation for erection of necessary buildings, and to provide for letting contracts therefor." 1891, p. 293. In force March 4. (Secs. 2 and 8 to 10 omitted.)

3499. There shall be established in the state of Nebraska an institution to be known and designated as the "girl's industrial school for juvenile delinquents.'

3500. The girls committed to the school shall be instructed in the principles of morality, self-government, domestic duties, and such other branches of knowledge as are taught in the public schools of the state. The board may further provide for instruction in such light, practical industries as may be best suited for their age, sex, and capacity.

3501. The government of the school shall be by and under the supervision of the board of public lands and buildings, who shall have power to appoint a superintendent and such other officers as the wants of the institution may require. All officers and employees, except the superintendent, book-keeper, engineers, and farmer or gardener, shall be women. Until the opening of the school, only the superintendent shall be appointed, and it shall be his duty to look after the construction of buildings and such other improvements as may be authorized by the board. His duties shall be, first (1), to appoint employees to fill such positions as the board may determine; second (2), to make a monthly report to the board of the general condition of the school; third (3), to make at the close of each year an inventory, giving the number, condition, and relative value of all property belonging to the school; also for all purchased and destroyed during the year; fourth (4), to keep an account of all daily expenditures and certify the same to the board at the end of each month; fifth (5), to submit with the monthly report an itemized statement of all cash received and expended; sixth (6), to make such recommendations and suggestions as may subserve the interests of the school.

3502. The book-keeper shall also be the steward of the school, and in the absence of the superintendent, shall perform his duties. His regular duties shall be such as the board shall prescribe.

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3503. When the school is ready to open the board shall transfer all girls belonging to the "state industrial school for juvenile delinquents" to the "girls" industrial school for juvenile delinquents;" also all of the unused salary of the lady teacher and assistant teacher; the wages of the seamstress and one cook; a pro rata amount of the unexpended living expense and clothing funds; all of which shall be transferred by the state treasurer from the state industrial school to the girls' industrial school, which amount shall be ascertained and certified to the state treasurer by the superintendent of the state industrial school and the secretary of the board, and when so transferred shall be paid out on proper vouchers and warrants.

3504. Until further provisions are made, all proceedings, services of order, examinations, commitments, and other provisions necessary to give this act full force and effect shall be made and carried out in accordance with sections five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), and twelve (12) of chapter seventy-five (75) of the Compiled Statutes of Nebraska, which said sections are hereby made a part of this act and shall therefore govern all commitments of girls who are fit subjects for an industrial school.

Secs. 3505 to 3509. "An act providing for the establishment and government of the Nebraska industrial home and making appropriations therefor." 1887, p. 466. In force July 1.

3505. There shall be established in the state of Nebraska an institution to be designated and known as the Nebraska industrial home.

3506. Besides shelter and protection, the object of said institution shall be to provide employment and means of self-support for penitent women and girls, with a view to aid in the suppression of prostitution.

3507. The government of the "Nebraska industrial home" shall be by and under the supervision of the trustees of the "Woman's Associate Charities of the state of Nebraska," and their successors in office, who shall receive no compensation for their services, but shall be reimbursed actual and necessary expenses incurred in the discharge of the duties this act makes incumbent upon them, not to exceed the sum of five hundred dollars ($500) in any one year; Provided, That nothing herein contained shall be so construed as to prevent the "board of public lands and buildings" from establishing rules and regulations for the government of such home in any manner.

3508. Said trustees, by and with the advice and consent of the governor, shall appoint a superintendent, a steward, a teacher or teachers, and such other officers as in their judgment the wants of said home may require, and fix their salaries; and, by and with the advice and consent of the governor, may remove the same. such officers shall be women.

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3509. Within ten days preceding the meeting of each regular session of the legislature, said board and said trustees jointly shall furnish to the governor a printed report of their action and an estimate of the expenses of said home, together with a statement of the receipts and disbursements of funds; and during the first week of the session of the legislature, at least ten copies of said report shall be delivered to each member thereof. The said report shall show the names and residences of trustees of the "Woman's Associate Charities of the state of Nebraska,” the condition of said home, and names of the regular officers and salary of each, the number of persons who have been inmates, the average number during each year, the discipline prescribed, the studies and industries pursued, the expenses per capita based on an average yearly numbers, and such other information as may be deemed important, or the governor requests.

CHAPTER 44.-PUBLIC INSTRUCTION.

SCHOOLS.

Secs. 3510 to 3726, except secs. 3618, 3619, 3625, 3626, and 3669 to 3698. "An act to establish a system of public instruction for the state of Nebraska." 1881, p. 331. In force March 1. (Repealing: act of 1867, p. 80, and its supplementary act of 1871, p. 96; act of 1869, p. 115; act of 1873, G. S., 982; act of 1875 p. 208, and acts amendatory of the above.)

SUBDIVISION I.-SCHOOL DISTRICTS.

3510. The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter.

To state a cause of action against a school district, facts must be averred which show that the supposed indebtedness was such as the district could lawfully incur. 12, 241 (11 N. W., 311).

3511. Every duly organized school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, by the name and style of "school district number —— of county," and in that name may sue and be sued, purchase, hold, and sell such personal and real estate as the law allows.

3512. Each organized county not already divided into school districts or any part of such counties not so divided shall be divided by the county superintendent into as many school districts as may be necessary.

3513. New districts may be formed from other organized districts, and boundaries of existing districts may be changed under the following conditions only: First-The county superintendent shall have discretionary power to create a new district from other organized districts, upon a petition signed by one-third of the legal voters in each district affected. Second-The county superintendent shall have discretionary power to change the boundary of any district upon petitions signed by one-half of the legal voters in each district affected. Third-The county superintendent shall not refuse to change the boundary line of any district, or to organize a new district when he shall be asked to do so by a petition from each school district affected, signed by two-thirds of all the legal voters in such district. A notice of said petition, containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be on the outer door of the school house, if there be one in each district affected, at least ten days prior to the time of presenting the petition to the county superintendent; Provided, That changes affecting cities shall be made upon the petition of the board of education of the district or districts affected. Fourth-Two districts may be made from one by the county superintendent upon a petition from each district proposed, signed by a majority of the voters in each district proposed. Two districts may be consolidated into one district upon petitions from each district signed by two-thirds of the legal voters in each district. One district may be discontinued and its territory attached to other adjoining districts upon petitions signed by one-half of the legal voters in each district affected. Fifth-A list or lists of all the legal voters in each district affected, made under the oath of a resident of each district affected, together with an oath of a resident of each district, that the legal notice provided in the third clause of this section has been properly posted, shall be given to the county superintendent when the petition is presented. Sixth-No new districts shall

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be formed between the first Tuesday of April and the first day of October. -No new district shall be formed containing less than four sections of land, nor shall any district be reduced by division or otherwise so as to contain less than that amount, unless the district be so formed, or the part of a district remaining after division shall have an assessed valuation of property of not less than twelve thousand dollars. No district shall be formed extending more than six miles in any one direction upon section lines; Provided, That when streams or water-courses make it impracticable to form districts containing four sections, then the county superintendent may form districts with less than four sections without regard to valuation. When streams of water make it impracticable for children to attend school in their own district, the county superintendent shall have authority, and it shall be his duty, when requested by the parents of such children, to attach to adjoining districts such territory as he may deem necessary for the purpose of giving said children school privileges. Eighth-The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such petitions shall be prima facie evidence of the boundaries of districts; and all conflicting records of boundaries shall be made to correspond with the petitions so filed.

Amended 1883, p. 288; 1885, p. 319; 1889, p. 540. To give the superintendent power to change district boundaries there must be a petition of one-third of the legal voters. In such a case he is not liable to the district for the manner he exercises his powers. 23, 661 (37 N. W., 493); 28, 491 (44 N. W., 660). This decision may be appealed from. 25, 403 (41 N. W., 256). Superintendent may attach land to another district where necessary to give children school privileges, and his action cannot be questioned collaterally. 18, 648 (26 Ñ. W., 469).

3514. Whenever the county superintendent of any county shall form a new district it shall be duty of the said superintendent to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the superintendent.

3515. The said notice shall also direct such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his or her place of residence, of the time and place of holding said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voter of said district accordingly.

3516. The said inhabitant, when he shall have notified the qualified voters as required in said notice, shall endorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting.

3517. The said chairman shall deliver such notice and return to the director chosen at such meeting, as hereinafter provided, who shall record the same at length in a book, to be provided by him at the expense of the district, as a part of the records of such district, which record shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings, in the organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the county super

intendent as evidence.

Requires the act of board or the two disinterested members to declare the office of district treasurer to be vacant. 22, 52 (33 N. W., 480).

3518. When a new district is formed in whole or in part from one or more districts possessed of a school house or other property, the county superintendent, at the time of forming such new district, or as soon thereafter as may be, shall as

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