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herein before provided, and a statement of any such investment or sale under oath shall be published within ten days after the same is made, in some newspaper published at the capital, to be designated in writing by the governor. There shall also be published in the same paper, a monthly statement, under oath, of the amount Monthly stateof cash balance in the state treasury, and of the amount invested as aforesaid.

ment by state treasurer.

for false state

SEC. 3. Any officer charged with the duties herein- Punishment before mentioned, who shall make or publish any false ment. statement, or swear falsely in respect to any matter or thing, in respect to which a sworn statement is herein required, shall be deemed guilty of perjury, and shall be prosecuted and punished accordingly. Approved, February 24th, A.D. 1879.

AN ACT

To provide for the redemption and cancellation of $100,000 of State funding bonds held by the permanent school fund, and for the reinvestment of the money received therefor.

WHEREAS: There is now in the hands of the state Preamble. treasurer one hundred thousand dollars in excess of the amount necessary to pay the interest on the state bonded indebtedness; therefore

Be it enacted by the Legislature of the State of Nerbaska:

held by perma

fund to be re

SECTION 1. That there is hereby appropriated out of State bonds the sinking fund the sum of one hundred thousand nent school dollars for the purpose of redeeming and cancelling state deemed. funding bonds of the state of Nebraska, now held and owned by the permanent school fund of said state.

How redeemed

SEC. 2. The auditor of public accounts is hereby authorized and required to draw his warrant on the sinking fund of the state treasury for the amount named in section 1 of this act, in favor of the permanent school fund, and the board of educational funds and lands are hereby authorized and required at their next regular meeting after the passage of this act to receive the said warrant and deposit the same with the state treasury, to be placed to the credit of the permanent school fund, and to cancel and surrender to the state treasurer the said state funding bonds of the face value of one hundred thousand dollars, so held by said permanent school fund, Investment of and the said board shall thereupon re-invest the moneys so received in United States or state securities, or registered county bonds of this state of counties that have not defaulted in the payment of interest on such bonds.

proceeds.

Approved, February 24th, A.D. 1879.

Section.

1. Appointment of fish commis

sioners. Term of office.

2. Government of board.

3. Compensation.

Section.

4. Powers and duties.
5. Same.

6. Reports to be made.

Fish commissioners, appointment.

AN ACT

Creating a board of fish commissioners for the propagation and distribution of fish in the public waters of Nebraska.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That the governor shall nominate, and by and with the advice and consent of the senate, appoint three resident citizens of the state of Nebraska, who

shall constitute a board of fish commissioners, who shall hold such office for the term of three years from the date of such appointment and until the appointment of their successors. Provided, that the persons first appointed under this act shall hold such office one, two, and three years respectively, whose respective terms of office shall be designated in such appointment, and thereafter the governor shall in like manner fill all vacancies in said board during the remainder of the term.

board.

SEC. 2. The board may adopt by-laws for its govern-Government of ment not inconsistent with the laws of the state. The person whose unexpired term of office is the shortest shall preside at the business meetings of the board. In the determination of all questions by the board two members must concur.

SEC. 3. The members of the board shall receive no compensation. compensation for services performed, but they shall be reimbursed actual and necessary expenses incurred in the discharge of the duties of the commission, not to exceed the sum of $500.00 in any one year, out of money appropriated for that purpose.

duties.

SEO. 4. The board shall have the entire charge and Powers and supervision of the public waters pertaining to the collection, propagation, cultivation, distribution, and protection of fish in this state. It shall have control of all property of the state obtained or held for the purposes contemplated by this act. It shall receive all fish and fish spawn donated to the state by the United States fishery commission, or from other sources or persons, or purchased by the state. It may establish hatching boxes, etc., for the preservation and hatching of spawn and fry, and in the most practical and economical manner procure and distribute fish in the public waters of this state, and adopt such other means as shall, in its judgment, best promote the increase and preservation of food fishes.

Same.

Reports to be made.

SEC. 5. The commissioners may take or cause to be taken, under the direction of the board, any fish at any time for the purpose of fish culture or for scientific observation. They shall give special attention to the enforcement of the laws of the state relative to the protection of fish and fisheries in the state.

SEC. 6. The board shall annually, on or before the first day of January in each year, report its transactions, with an account in detail of all its receipts and expenditures, to the governor, also of all spawn and fish taken or received and distributed, giving time, place, and sources from which received, and such other matters as appertain to the fishery interests of the state. Approved, February 24, A.D. 1879.

Officers may maintain ac

AN ACT

To provide for the "Collection of Public Funds and Moneys."

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That in all cases in which public moneys, tion for public, or other funds belonging to this state, or to any county, or deposited. school district, city or municipality thereof, have been

moneys loaned

deposited or loaned to any person or persons, corporation, bank, co-partnership, or other firm or association of persons, it shall be lawful for the officer or officers making such deposit or loan, or his or their successors in office, to maintain an action or actions for the recovery of such moneys deposited or loaned, and all contracts for the security or payment of any such moneys or public funds made shall be held to be good and lawful contracts, binding on all parties thereto: Provided, Noth

ing herein contained shall be construed to in any manner affect the liability of any surety or signers of any official bond heretofore or hereafter given or made in this state.

tions maintain

SEC. 2. All actions heretofore brought by any public Pending acofficer, either in his own name or officially, for the re- able. covery of any public moneys heretofore loaned or deposited shall be sustained, and all remedies allowed in other cases, by attachment or otherwise, shall be admissible and allowed in such actions as in other cases.

SEC. 3. Whereas an emergency exists for the pass- To take effect. age of this act, therefore be it enacted this act shall be in force and take effect from and after its passage. Approved, February 24th, A.D. 1879.

Section.

1. Stock brands and marks; adoption.

2. No person to adopt brand
previously recorded, etc.

3. Record of brand.
4. Conflict concerning brand;
committee to decide.

5. Same; duties of committee;
effect of act.

Section.

6. Duties of incoming stock-
grower concerning brand.
7. What brands to be rejected
by committee.

8. Brand evidence of ownership
of cattle; proof of right
to use brand.

AN ACT

Relating to the use of "Marks and Brands on Live Stock."

Be it enacted by the Legislature of the State of Nebraska:

adoption.

SECTION 1. Any person having cattle, hogs, sheep, stock brands, horses, mules, or asses, shall have the right to adopt a brand or ear-mark, for the use of which he shall have

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