CHAPTER 78 a.-SALVAGES.

SECTION 1. [Wrecks.] - When any boat, raft, lumber, staves, shingles, logs, rails, posts, cord-wood, or other valuable timber shall be lost or wrecked upon any river or creek, any person may take up and secure the same. [1883, chap. LXXI.]

SEC. 2. [Payment of premium.]-When any person shall claim such property and shall prove his right to the same before any justice of the peace of the county where said property was taken up, the same shall be restored to such owner upon payment to salvor of a premium of salvage equal to ten per centum of the valuation of such property, to be determined by such justice of the peace, if not agreed upon by such owner and salvor, and the legal costs of proceeding.

SEC. 3. [Disposal of property.]-When any person shall take up and secure any such property of less value than ten dollars, he may return and dispose of the same to his own use, provided the owner does not claim the same within ten days after the taking up of such property.

SEC. 4. [Same-Sale.]-When such property shall be of greater value than ten dollars, the justice of the peace shall, by warrant under his hand, direct any constable to sell the same at public vendue, giving ten days' notice by three advertisements put up in public places in his precinct of the time and place of sale.

SEC. 5. [Restitution.]-The owner, on proof of ownership before any justice of the peace, may have restitution of his property at any time before the sale is made, on payment of salvage and costs.

SEC. 6. [Proceeds of sale.]-If no claimant appears on or before the time of the sale, the justice shall allow to the taker up his salvage according to this act, and the balance of said money, after paying the costs, shall be paid by said justice into the treasury, for the benefit of public schools of such county.

SEC. 7. [Valuation of property.] -When it may be necessary to ascertain the value of any property so taken, any justice of the peace of the proper county, on the application of any party concerned, may appoint three freeholders, who, being sworn, shall ascertain and assess the value of such property, and return their valuation to such justice.

SEC. 8. [Duty of salvor.]-Within two days after the taking up and securing of any such wrecked property, the salvor shall make oath before a justice of the peace of the precinct in which such property is taken up or secured, that the property was lost or wrecked and in a perishable condition, and that he was not directly or indirectly instrumental in causing the property to be so wrecked or lost, and also the quantity, quality, and estimated value of such property, and the time and place of taking up, and that he has not disposed or secreted any part of the same. If such property be not claimed and proved by the owner within ten days after the filing of such affidavit, such justice shall, on the application of such salvor, issue a warrant directed to any constable of said township, directing him to sell the same at public vendue, first giving ten days' notice by three advertisements put in public places in his precinct, of the time and place of sale; and if such property be not claimed and proved by the owners, and the salvage and costs paid, then such property shall be sold and the proceeds shall be returned to such justice, who shall pay to the proper parties the salvage and costs of proceeding; and the remainder, if any, shall be paid into the county treasury for the benefit of public school fund of such county, unless the owner shall make proof of his right to the same within three months; Provided, If the name or initial of the owner of any log, toy,

CHAP. 788. "An act regulating salvages." Laws 1883, chap. LXXI. Took effect May 26, 1883. Party claim. ing lien must comply substantially with the law. 17 Neb. 670.

or other property, be plainly marked or branded thereon, then the salvor shall, in addition to the foregoing proceedings, also give notice to the owner, if known from such mark or brand.

SEC. 9. [Penalty.]-If any person shall retain, sell, or dispose of any such property wrecked, lost, or adrift, without complying with each and all of the requirements of this act, such person shall be deemed guilty of the larceny of such property, and on conviction thereof shall be punished as for the unlawful taking, stealing and carrying away of such property.

CHAPTER 79.-SCHOOLS.

SUBDIVISION I.-SCHOOL DISTRICTS.

SECTION 1. ["School" and "District" construed.]-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. [1881, § 1, chap. 78.]

SEC. 2. [District a body corporate.]-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.

SEC. 3. [Division of counties.]—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.

SEC. 4. [New and altered districts.]-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 upon 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 be formed between the first Tuesday of April and the first day of October. Seventh-No

1881.

CHAP. 79. "An act to establish a system of public instruction." Laws 1881, chap. 78. Took effect March 1, SEC. 2. No cause of action will accrue to school district as a corporation against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of district. 23 Neb. 661. See 11 Neb. 285. SEC. 3. Districts should be limited in extent by the distance that scholars are able to attend school. 9 Neb. SEC. 4. Discretion of county superintendent. 23 Neb. 659. Discretion of county superintendent will not be controlled by mandamus; appeal lies from his decision to district court. 25 Neb. 405. Cited 18 Neb. 648. Notices indispensable. Contents of affidavit; time and place should appear. 31 Id., 424. When territory is to be attached written notice and petition should be given. 28 Neb., 485. Superintendent has exclusive original jurisdiction of division of county into districts. 35 Id., 400,

336.

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. [1883, chap. LXII. 1885, chap. 79. Amended 1889, chap. 78.] SEC. 5. [Notice by superintendent.]—Whenever the county superintendent of any county shall form a new district it shall be the 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.

SEC. 6. [Notice to voters.]-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.

SEC. 7. [Return of notice.]-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.

SEC. 8. [Same-Record-Evidence.]—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 superintendent as evidence.

SEC. 9. [District divided-Property-Indebtedness.]-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 ascertain and determine the amount justly due to such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts at the time of such division, and the fact that such school house or other property is not paid for shall not deprive such new district

SEC. 5. The record should contain a minute detail of all proceedings in relation to the formation of the new district, and of the amount justly due the new from any old district out of which it may have been formed. 6 Neb. 545.

SEC. 9. After the division, the old district has no authority to use property or funds to which the new one is entitled. 4 Neb. 267. Id. 338. Where there is no finding or determination whatever by the superintendent as to property of any kind retained by a district out of which a new district was formed, his certificate to the county clerk stating the amount of tax to be levied on the old district to be paid to the new, when collected is a nullity. 6 Neb. 544. Certificate of superintendent of amount found due, sufficient to authorize levy of tax. 12 Neb. 327 See also 13 Neb. 170.

of its proportionate share of the value thereof; Provided, That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted as hereinafter provided.

SEC. 10. [Same--Bonded indebtedness.]-If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district.

SEC. 11. [Same-Collection.]-The amount of such proportion, when so ascertained and determined, shall be certified by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the school house or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district.

SEC. 12. [Same-Payment.]-When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a school house or other district purposes.

SEC. 13. [Sale of property.]-Whenever, by the division of any district, the school house or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such school house and site shall be located may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds; Provided, That when sold at private sale such sale shall not be binding until approved by the district interested.

SEC. 14. [Proceeds-Division.]-The money arising from the sale of school house and site, or otherwise, except teachers' fund, shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division.

SEC. 15. [Teachers' fund-Division.]-Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number of scholars in each district at the time of said division. The money designated in this and the preceding section shall be divided at once, and not in the manner provided in section eleven (11) of this subdivision.

SEC. 16. [Unbonded indebtedness.]-Whenever a new district shall be organized from the territory of a former district, and there shall be any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of school house or other property, and such new district shall be entitled to only the value of its proportionate share of such property after deducting its like share of such indebtedness.

SEC. 17. [District change-Report to clerk-Map.]—Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer, by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. The county superintendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected