of such appraisal; *Provided further, That the pro rata proportion of the rental for the unexpired time for which such rental has been paid in advance shall be credited on the contract of purchase.

All after* added 1891, p. 338.

3831. If any lessee of educational lands shall be in default of the semiannual rental due the state for a period of six months, or any purchaser of educational lands be in default of the annual interest due the state for one year, the commissioner of public lands and buildings may cause notice to be given to such delinquent lessee or purchaser that, if such delinquency is not paid within six months from the date of the service of such notice, his lease or sale will be declared forfeited by the board of educational lands and funds. If after such notice the amounts due are not paid within six months from the date of the service of such notice thereof the said contract of lease or sale may be declared forfeited; and the lands therein described shall revert to the state the same as though such lease or sale had never been made; and the order making such forfeiture shall be spread upon the records of the board of educational lands and funds. In case the owner of such contract of sale or lease be a non-resident of this state, or his address be unknown, the notice herein contemplated shall be published three weeks in some newspaper published or of general circulation in the county where the land is situated. The forfeiture may be entered by said board after ninety days from the date of such published notice. The provisions of this section shall apply alike to all the lands heretofore sold or leased, and to all lands hereafter sold or leased as educational lands of this state; Provided, The owner of any contract of sale or lease so forfeited may redeem the same by paying all delinquencies and costs at any time before such land is again sold or leased..

No forfeiture because of default in payment until notice to purchaser by county treasurer. 5, 407. Board may declare lease forfeited six months after this notice is given. 17, 690 (24 N. W., 337).

3832. If any person shall commit waste or trespass, or other injury, upon any of the lands herein referred to, the person so offending shall, on conviction thereof, be fined in a sum not less than twenty-five dollars nor exceeding one thousand dollars.

3833. If any purchaser of timber land shall, before receiving his title in fee simple therefor, cut or destroy any timber on said land, any further than may be actually necessary for the building and repairing of fences, and for the family of the occupant, he or she shall be liable, in a civil action, for the recovery of the amount of damages done to the land.

3834. All civil officers, upon information or oath, or of their own knowledge shall cause any person committing any of the offenses mentioned in section seventeen of this act, to be brought before them by a like process as in criminal cases and to enter into recognizance for his appearance at the district court of the state, to be held in the county where said lands are located, on the first day of the next term thereof, and in default of such recognizance they shall commit such person to the jail of the county.

3835. The judges of the district court shall give the seventeenth section of this act [3832] in special charge to the grand jury at each term, who are required to especially inquire into and make presentment of all offenses committed against the provisions of the same.

3836. All fines and penalties accruing under the provisions of this act shall be paid into the county treasury by the officer collecting the same, who shall take duplicate receipts therefor, one of which he shall file in the office of the county clerk, and such funds shall be apportioned among the schools of the county where the

same accrued, on the same basis as other money applicable to the support of schools are required by law to be apportioned.

3837. All money received as advance or full payment by the purchaser of land heretofore sold or hereafter sold under the provisions of this act, together with all the forfeitures arising under this act, shall be paid by the officers receiving said moneys to the treasurer of the state, specifying whether said money is for the common schools or university, normal school or agricultural college, and such money shall be held as the principal of the university, normal school, or agricultural college, or permanent school fund, as the case may be.

3838. The appraisers of all land under this act shall be allowed the sum of three dollars per day for their services and five cents per mile for each mile necessarily traveled and three dollars per day for one team for their use, and in all cases where it becomes necessary to have a survey made in order to find the corners and lines of the land to be appraised, the said appraisers are hereby authorized to employ a competent surveyor to accompany them for that purpose, who shall receive for his service five dollars per day and five cents per mile for each mile necessarily traveled. The publisher of any advertisement for the sale of lands shall be allowed the fees fixed by law for publishing legal advertisements. The commissioner of public lands and buildings shall be reimbursed his actual traveling expenses incurred, not exceeding five cents per mile in making sale of lands. All accounts for any such services shall be examined and approved as provided by law; and said accounts shall be audited by the board of educational lands and funds, and paid by warrants drawn upon the appropriation placed at their disposal. *County treasurers shall be allowed as compensation for the collection of all educational land funds one per cent of all such funds collected by them, and the auditor of public accounts is hereby authorized and required to issue warrants in payment thereof at the time and in the same manner as provided by law for the payment of county treasurers' fees for the collection of state taxes.

Amended and all after * added 1887, p. 619.

3839. The board for the sale, management, and leasing of lands under the provisions of this act shall meet on the second Tuesday of each month; the governor shall be chairman, and the commissioner secretary of the board. They shall keep a record of all proceedings and orders made by them. No order shall be made except upon the concurrence of at least three members of said board.

3840. The said board shall at their regular meetings make the necessary orders for the investment of the principal of the fund derived from the sale of said lands then in the treasury, but none of said funds shall be invested or loaned except on United States or state securities and registered county bonds; *Provided, That when any state warrant issued in pursuance of an appropriation made by the legislature, and secured by the levy of a tax for its payment, shall be presented to the state treasurer for payment, and there shall not be money in the proper fund to pay said warrant, the state treasurer shall pay the amount due on said warrant from any funds in the state treasury belonging to the permanent school fund, and shall hold said warrant as an investment of said permanent school fund, and shall stamp and sign said warrant as provided in section eleven (11) of article two (2) of chapter eighty (80) of the Compiled Statutes of 1887 [4299].

All after* added 1891, p. 339. May be invested in United States three per cent bonds. These bonds cannot be converted into other securities. 15, 636.

3841. The provisions of this act in relation of the payments of interest upon the purchase money of any lands sold as herein provided, shall apply to all future payments of interest upon sales of lands heretofore made in this state, and

the said board shall, in their entries made under section six of this act, compute interest due accordingly.

3842. Any portion of the lands of this state governed by this act adjoining the site of any city or town may be subdivided into lots and sold as herein provided The board being satisfied that by a division of any such tract into lots the sale of the same can be made for a greater amount than if sold in tracts of forty acres as herein provided, shall have the authority to employ the necessary surveyors, and cause such tracks to be subdivided into lots and tracks of such size as they may determine, and a plat of the same shall be made and filed for record in the office of the county clerk. Tracts of land so subdivided shall not be leased, but each lot situated therein shall be sold at public aution at such time as the board shall direct, and sold as other lands are sold; such lots shall be appraised by the appraisers to be appointed by the board, none of whom shall be occupants of the land so sold. The commissioner of public lands and buildings shall give thirty days' notice of such sale, and publish the same in three newspapers of general circulation throughout the state, one of which shall be published in that county, and if no newspaper is published therein, notices of such sale shall be posted in five of the most public places in the county. Each notice shall contain a list of the land to be sold, and the appraised value of each. The sale of such lots shall take place on the day appointed under the direction of the commissioner, and the same shall be sold to the highest bidder, but in no case for less than the appraised value. Lots remaining unsold shall be again offered for sale at public auction, at such time as the board shall direct; Provided, That the said commissioner may adjourn the sales from day to day until all the lots be offered.

3843. The expenses attending such sale shall be paid as other expenses of sale of school land as hereinbefore provided.

3844. The auditor of public accounts shall charge each of the county treasurers in the state the amount of money received as principal and interest, separately from the sale or lease of lands in their respective counties, as shown by the receipts forwarded by the clerks of the several counties, and upon payment of the same to the state treasurer, and the presentation of the state treasurer's receipt, shall credit the several county treasurers with the amount of the same.

3845. School lands sold under the provisions of this act, or such as have been heretofore sold, shall not be taxed until the right to a deed shall have become absolute, except for the value of the interest of such purchaser, which interest shall be determined by the amount paid and the amount invested in improvements on such land; *Provided, That when such land shall be situated within the limits of any city or village and shall have been subdivided into lots, then, and in such case, the same shall be subject to all special assessments for sidewalk, grading, paving, guttering, curbing, sewerage, and all other municipal improvements, in the same manner as other lots and lands in such city or village, except that a sale of such school lots to collect such assessment or assessments shall only pass the interest or title of the purchaser from the state, his heirs or assigns, and his or their right to a conveyance of the same, upon the payment of any balance of the purchase price and interest.

3846. Any school district in which there may be any school or other land belonging to the state subject to disposition under this act, is hereby empowered to purchase from the state any portion of such land, not exceeding forty acres, for school purposes, at not less than seven dollars per acre, nor less than the appraised value, such appraisement to be made in the same manner as provided for in section three of this act.

3847. Any church or cemetery association or corporation having control of a cemetery in a school district where there is any such land may purchase from the state any portion of said lands, not exceeding ten acres, for church or cemetery purposes, at not less than the price at which said lands may be purchased by individuals under the provisions of this act.

3848. [Same.]-In the event of there being a school house, cemetery, or church located upon any such land which has been or may hereafter be sold to any individual, corporation, or parties, such school district or school officers thereof, church or association, with the consent of the purchaser or occupant, in writing, may purchase land for the purposes specified in section thirty-one [3846], and obtain a deed from the state at the price the purchaser or occupant is to pay, and the sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.

3849. Sales of land made for the special purposes contemplated in section thirty-one shall be the same as provided for in section six of this act, on the terms provided, and if there be buildings on such lands belonging to the state, such buildings shall be appraised separately.

Secs. 3850 to 3852. "An act to extend the time for the payment of notes given in pay ment for school lands." 1877, p. 210. In force June 1.

3850. That upon the full payment of all the interest and taxes due thereon, the principal of all notes given in payment for school lands be, and the same is hereby, extended to the first day of January, 1890; Provided, That upon all lands heretofore sold, the purchaser, or his assigns, shall make satisfactory proof to the county clerk of the county within which the land is situated, that permanent improvements have been made upon said lands before such extension shall be granted; Provided further, That nothing in this act shall be construed to prevent the purchaser, or his assigns, from making full payment of such notes at any time by computing the interest to the first day of January following such payment.

The purchaser must show good faith. Cannot claim the right to pay up when in default fifteen years. 25, 420 (41 N. W., 282).

3851. It shall be the duty of the county commissioners, upon application being made by the purchaser, or his assigns, showing that the provisions of section one of this act have been complied with, to extend the time of payment of the principal of such notes to the time specified in section one of this act.

3852. The provisions of this act shall extend to and include all sales of school land hereafter made.

Sec. 3853. "An act to amend an act entitled 'An act for the relief of purchasers of schoollands,' approved February 19, A. D. 1877.” 1879, p. 80. In force June 1.

3853. That any person who has purchased any of the school lands of this state, who may desire to surrender portions, and retain other portions, not less than forty acres of the same, shall, upon executing a release in writing to the state of Nebraska for such lands surrendered, be credited by the county treasurer of the county upon the portion of land retained by such person, the amount of money paid upon such lands so surrendered which shall exceed six per cent per annum of the unpaid portion of the purchase price of said lands.

Sec. 3854. "An act authorizing parties living on school lands selected in lieu of sections 16 and 36 to purchase the same when the state acquires title." 1875, p. 123. In force February 25.

3854. Any person or persons who shall have resided continuously for a term of five years on lands selected in lieu of sections 16 and 33 for common school purposes shall, when the state acquires title thereto, have the privilege of purchasing

the same, on the same terms as other school lands are purchased from the state; Provided, That such lands shall be appraised under direction of the county commissioners, at not less than seven dollars per acre; Provided further, That such appraisal shall not include any improvements placed on said lands by the person so purchasing the same.

Sec. 3855. "An act to provide for the measure of damages in cases where proceedings are instituted to prevent the sale of school lands." 1875, p. 123. In force February 25.

3855. That hereafter, when any person, or persons, shall institute proceedings to prevent the sale of any of the school lands of this state, the judge, or other person, before whom the preceedings shall be commenced, shall require the person instituting such proceeding to enter into a written undertaking with one or more good and sufficient sureties thereto, to the state of Nebraska, in a sum equal at least to fifteen per centum of the value of the lands, the sale of which is sought to be prevented, conditioned that the plaintiff or person instituting such proceedings shall pay all costs and damages which may accrue, if it shall finally be determined that such proceedings ought not to have been instituted.

MISCELLANEOUS PROVISIONS.

Secs. 3856 to 3859. "An act to regulate escheats." 1875, p. 51. In force February 25. 3856. That the state treasurer is hereby authorized and required to sell and dispose at public auction all the right, title, and interest of the state to any lands which have escheated to the former territory of Nebraska or the state of Nebraska for want of heirs.

3857. Upon the failure of heirs the title shall vest at once in the state, without an inquest or other proceedings in the nature of office found.

3858. The state treasurer, before making any such sale, shall cause public notice to be given for at least four weeks before the time fixed for such sale of the time and place of making the same, which said notice shall be by publication in not less than one newspaper published in the county where the land lies; or, if no newspaper be published in said county, by publication in two of the papers printed at the seat of government.

3859. Upon the sale of said lands, the treasurer shall make out a certificate to the purchaser or purchasers, stating the price of the same, and the county where the same lie, giving a particular description of the same, when and where sold, and the governor of the state, upon the presentation of said certificate, shall, as governor of the state, execute to such purchaser or purchasers, his or her assignee or assignees, a deed for the land described in said certificate; and the secretary of state shall countersign the said deed, and affix the great seal of the state to the same; and the said deed so executed as aforesaid shall vest in the grantee or grantees, his or her heirs or assigns, all the title of the state of Nebraska in and to the said lands; and the said grantee shall have the same right of action in the name of the state of Nebraska as the state would have had without said sale and conveyance.

Secs. 3860 to 3866. "An act to provide for a state cemetery at Lincoln." 1869, p. 250. In force February 15.

3860. That eighty acres of land belonging to the state of Nebraska, to be selected as hereinafter provided, be and the same are hereby set apart for the uses and purposes of a state cemetery at or near Lincoln, the capital of the state.

3861. That at the election of city officers of said city of Lincoln, occurring next after the passage of this act, the qualified voters of said city shall elect three trustees, to be known as "trustees of the state cemetery," one of whom shall hold his office for one year, one for two years, and one for three years, the term of service of