How paid.

Assessor to

make report.

To take effect.

four feet or than the south line of any

road which may be laid out on said north section or half section line, or when any person shall fill out to the standard above prescribed, and keep the same in a proper state of cultivation for the time, above stated, any rows of trees that may previously have been planted along said north section or said half section line, it shall be the duty of the county commissioners to pay to such person by warrant on the county treasurer, a sum of money, amounting to three dollars and thirty-three cents per acre, for each acre so planted and cultivated, annually, so long as the same is planted and kept growing and in a proper state of cultivation, for a period not to exceed the space of five years, and to an extent not to exceed three acres of land.

SEC. 2. It shall be the duty of the assessor of each precinct to make proper examination and report to the county commissioners at the time of his annual report, the condition of all timber so planted and culti vated under the provisions of this act.

SEC. 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 4. Whereas, an emergency exists for the taking effect of this act, be it enacted that this act take effect and be in force from and after its passage.

Approved, February 27, A.D. 1879.

AN ACT

To provide for the incorporation of universities under certain cir

cumstances.

Be it enacted by the Legislature of the state of Nebraska as follows:

of universities.

SECTION 1. Whenever any person or persons shall Incorporation have become possessed of funds, securities and property of the value of one hundred thousand dollars or more, for the purpose of an institution of learning of the rank and grade of a college or university, it shall be competent for him or them to present to the judge of the district court of the county in which such institution is, or is proposed to be situated, a petition setting forth the Proceedings. fact, and such circumstances as may be pertinent, praying the appointment of one or more commissioners to examine into the truth thereof; and thereupon it shall

Duties.

be the duty of the said judge to appoint a commis - Commissioners sioner or commissioners for the purpose aforesaid. The person or persons so appointed shall be, by said judge, sworn to full inquiry and true report make of the matters given to him or them in charge, and the said oath, duly subscribed by the parties and certified by the said judge, shall be filed in the office of the clerk of said county. The said commissioner or commissioners shall thereupon personally examine the property, funds and securities alleged to be set apart for the purpose aforesaid, and shall appraise the same and report the facts Proceedings. thus ascertained to the said judge. If, from the said report, it shall appear to the said judge that the sum of one hundred thousand dollars in property, funds, and securities of that value have been set apart for the purpose aforesaid, so as to be irrevocably and inviolable ap

Same. Trus

tees.

Duties and powers.

Same. Powers.

propriate thereto, the said judge shall indorse the said report with an order approving the same, and directing that the same be filed in the office of the said county clerk, together with the petition aforesaid, and other papers presented to him in the same matter, which petition, report, order, and papers, shall be recorded by the said clerk in the book of incorporations to be kept in his office.

SEC. 2. Whereupon, the person or persons possessed of the said funds, securities, and properties, may, under his or their hands, appoint five or more persons to be trustees of the said institution who shall thereupon become a body politic and corporate under a name and style to be named, designated, and appointed for the purpose by the aforesaid person or persons in the said writing appointing the said trustees, which paper, writing of appointment shall be filed and recorded in the book of incorporations in the office of the said county clerk, and the said trustees, under the name and style so named, designated, and appointed, may sue and be sued, plead and be impleaded in all courts of law and equity; have a common seal, and the same alter, break, and renew at pleasure, and hold all kinds of estate, real and personal, and mixed, which they may acquire by purchase, donation, devise, or otherwise necessary to accomplish the purpose of the corporation, and the same to dispose of and convey at pleasure. And a certified copy of the said paper writing, appointing said trustees, and naming, designating and appointing the name and style of such corporation, shall be prima facie evidence in all courts and before all officers, boards, commissioners and tribunals of the due incorporation of such body politic and corporate.

SEC. 3. The said board of trustees shall have power to fill all vacancies in their number, to make rules, regulations and by-laws for the government of their board

and of the institution; to appoint a president, professors, tutors, and teachers, and any other necessary officers and agents, and fix the compensation of each; to erect within, and as departinents of said institution, such schools and colleges of the arts and sciences and professions as to them may seem proper, and to confer such academic degrees and honors as are conferred by colleges and universities of the United States. Approved February 27th, A.D. 1879.