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

now estab

SECTION 1. The boundaries of the several counties Boundaries as of this state shall remain as are established until the lished. same be changed according to law.

County and

SEO. 2. In all cases where any organized county lies Land between adjacent to any boundary line of this state, and it shall state boundary. appear that any island, territory, or tract of land, lies between such county and the state boundary, and is not included within the defined boundaries of any organized county, and is not a military reservation of the United States, such unincluded island, territory, or tract of land, sball attach to and be a part of such adjacent county for all purposes, until otherwise provided by law.

SEO. 3. Where any county is bounded by the middle Change in of the channel of any stream or water-course, and by stream.

channel of boundary

Petition to transfer territory.

Notice of election.

Form of ballots

reason of any change of such channel any island or tract of land shall be thrown to the other side of such bounding channel, after the original organization and establishment of the boundaries of any county, the old channel of the stream or water-course shall, for all county and state purposes, be deemed the channel thereof.

SEC. 4. When a majority of the legal voters, residing upon any territory, not less than half of one congressional township, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have such territory transferred to such county, it shall be the duty of the several county boards so petitioned to submit the question at the next general election in said counties. SEC. 5. Notices of such election shall contain a description of the territory proposed to be transferred, the names of the counties from and to which such transfer is intended to be made, and shall be posted with the other notices for general elections.

SEC. 6. The ballots used in the said elections may be in the following form, to-wit: "For transferring territory," and "Against transferring territory," when, if a majority of the voters voting upon said question in the county from which said territory is proposed to be taken, and a majority of the voters of the county to which the same is proposed to be transferred, shall be "For transferring territory," then the said territory shall be transferred to and become a part of the county to which it is proposed to transfer the same, on and after the first day of January succeeding such election, and shall be subject to all the laws, rules and regulations thereof: Provided, That all assessments and collection enue and offi- of taxes, and judicial or other official proceedings commenced prior to said first day of January, shall be continued, prosecuted and completed, in the same manner as if no such transfer had been made: And provided,

Election.

Effect of

change on rev

cers.

further, that all township or precinct officers within said transferred territory shall continue to hold their respective offices within the county to which they may be transferred, untill their respective terms of office expire. SEC. 7. No county shall be reduced, under the pro- Restriction of visions of this act, to less contents than 400 square miles.

size of county.

debts.

SEC. 8. No transferred territory under the provis- Adjustment of ions of this act shall be released from the payment of its proportion of the debts of the county from which such territory is transferred; and such proportionate indebtedness from such transferred territory shall be collected by the county to which such territory is transferred, at an equal or greater rate than is levied and collected in the county from which such territory was transferred-such rate to be ascertained by the certifi cate of the county clerk of said last named county, and when so collected, to be paid over to the county entitled thereto. The territory so transferred shall not be taxed Prior indebtedfor the payment of any indebtedness of the county to which said territory is transferred, incurred previous to said transfer.

ness.

territory.

SEC. 9. Where any unorganized territory, not exceed- Unorganized ing two townships, lies adjoining to and is not embraced within the boundaries of any county, and a majority of the inhabitants of said territory petition to the commissioners of said adjoining county, to be attached to the same, the county board of said county shall, within three months, order an election as provided for in sections 4, 5, and 6, of this act, and said territory shall become attached to said county by a majority vote of the same and be subject in all other respects to the provisions of this act.

new county.

SEC. 10. Whenever it is desired to form a new county Petition for out of one or more of the then existing counties, and a petition praying for the erection of such new county,

Election.

Same, result.

Officers of new

county.

stating and describing the territory proposed to be taken for such new county, together with the name of such proposed new county, signed by a majority of the legal voters residing in the territory to be stricken from such county or counties, shall be presented to the county board of each county to be affected by such division, and it appearing that such new county can be constitutionally formed, it shall be the duty of such county board or county boards to make an order providing for the submission of the question of the erection of such new county to a vote of the people of the counties to be affected, at the next succeeding general election of which the notice shall be given, the votes canvassed, and the returns made as in case of election of county officers, and the form of the ballot to be used in the determination of such question shall be as follows: "For new county," and "Against new county."

SEO. 11. If it shall appear that a majority of all the votes cast at such election, in each of the counties interested, is in favor of the erection of such new county, the county clerk of each of said counties shall certify the same to the secretary of state, stating in such certificate the name, territorial contents and boundaries of such new county; whereupon the secretary of state shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county, at such time as he shall designate, and he may, when necessary, fix the place of holding election, notice of which shall be given in such manner as the shall direct. At such election the qualgovernor ified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this state, and who shall continue in office until the next general election for such officers, and until their successors are

elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this

state.

SEC. 12. All the justices of the peace, constables, Officers continand other township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of said election, and whose residence shall be embraced within the limits of said new county, shall continue in office until their terms of office shall expire, and until their successors shall be elected and qualified.

votes.

SEO. 13. The votes for the county officers of said Canvass of new county shall be canvassed, and returns made, by the county clerk or county clerks of the county or counties from which such new county was formed, as provided by law in other cases.

trict.

SEC. 14. The oath of office may be administered to Oath of office. the several county officers of such new county by any person authorized by law to administer oaths; and as soon as said county officers are duly qualified, the county shall be regarded as legally organized, and for judicial Judicial dispurposes shall be deemed and taken as belonging to the district in which said new county, or the greater part thereof, is embraced, and terms of the district court shall be held at such place in said new county as the county board thereof shall designate, until the county seat thereof shall be permanently located. The times of holding such court shall be appointed by the judge thereof, until otherwise provided by law.

suits.

SEC. 15. The courts of any county or counties from Transfer of which such new county is erected, may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county, to the proper court of such new county, or may transfer any suit and all papers and