praisers, then such appellant shall be adjudged to pay all the costs made on such appeal. Either party may appeal from the decision of the District Court to the Supreme Court, and the warrants deposited as hereinbefore provided shall remain in the District Court until a final decision be had subject to the order of the Supreme Court. History-Laws 1905, H. R. 169, sec. 4; in force July 1. 11217e. Proceeding in case of non-resident owners. If any owner or owners of lands so condemned shall be non-residents the said Regents may give notice of appeal by publication for four consecutive weeks. in some newspaper published in the county where such lands lie. History.-Laws 1905, H. R. 169, sec. 5; in force July 1. 11217f. Pay of appraisers. Said appraisers provided by Section 2 [11217b] shall severally receive as compensation the sum of $5.00 per day for each day they are actually engaged in the appraisal of said lands, which shall be in full for their services and expenses. The number of days so served by each shall be returned in their said report and the amount due said appraisers, together with all costs, except such as may be taxed to the owner or owners of lands condemned, upon appeal, as hereinafter provided, shall be paid by said Regents out of any appropriation or appropriations available to them for the purchase or acquisition of lands. History-Laws 1905, H. R. 169, sec. 6; in force July 1. 11226-29 are superseded by a new act changing the dates to apply to the next biennium, And in the last line of section 11228 eighty five thousand is changed to one hundred and twenty thousand; otherwise the new act is identical with the old and is not published at this time. 11236 5. The board of education in a city school district may select sites for school 11238. Board of education. houses and determine the manner of erecting the buildings thereon. Opinions Atty. Genl. 1902-3, 68. The boards of cation contemplated by this subdivision shall consist of six members who shall be elected upon a general ticket from among the legal voters who are tax payers at the time for holding the general city election in each year. At the first election in cities organized under this act two members shall be elected for the term of three years, two for two years, and two for one year, and annually thereafter two members shall be elected for three years and until their successors are elected and qualified and installed in office. Provided, That in cities of the first class having a population of less than forty thousand and more than five thousand inhabitants the board of education shall at the option of the school district consist of nine members who shall be qualified electors of said city, and shall be actual tax payers, who shall be elected at the times and hold their offices for the terms herinafter prescribed to-wit: At the first annual city election held after organizing under this act, three members shall be elected for the term of three years, three for two years, and three for one year; and annually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified. Provided further that in cities of the first class having a population of more than forty thousand and less than a hundred thousand the board of education shall consist of six members who shall be elected in manner following: At the general city election to be held in the year 1905, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. At the general city election to be held in the year 1907, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. At the general city election to be held in the year 1909, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. Provided, that incumbents in office whose terms expire subsequent to the general city election of said city for the year 1905, shall be privileged to continue in office until their successors are elected and qualified as herein provided; those whose terms shall first expire shall be superseded by those first elected under the provisions of this act. Said members of the board of education shall enter upon the duties of their office on the first Tuesday succeeding their election. event of a vacancy among the members of said board of education, said vacancy shall be filled by nomination by the mayor and confirmation by the City Council. and such appointment shall continue for the unexpired term. History. Board changed from five members and term changed from five years, 1905, H. R. 423; in force July 1. 11261 2. This is modified by sec. 10768. A Echool district may invest its sinking funds in its outstanding warrants. Opinions Atty. Genl. 1902-3, 214. 11271. Election of officers, teachers, janitors, superintendent of buildings. That the members of each Board of Education at their regular meeting in January succeeding their election each year shall elect a president and vicepresident from their own members, who shall serve for the term of one year or until their successors are elected and qualified; they may also elect at any regular meeting in July, from outside their own members, one superintendent of public instruction, one secretary, one superintendent of school buildings, and such other officers as the board may deem necessary for the administration of the affairs of the school district, with such salary as the board may deem just and they may enter into contract with such officers in accordance with their discretion for a term not to exceed three years. The election of such officers of the board, teachers and janitors shall be by ballot and no person shall be declared elected except he receive a vote of a majority of all the members of the board. The Board of Education shall have power to regulate and determine the duties and powers of the Superintendent of school buildings, and to employ under the superintendent of school buildings, .necessary workmen, and provide necessary materials for erecting, repairing, altering and enlarging school or other buildings. The superintendent of buildings shall devote his entire time. to the discharge of the duties of his position. History. Amended 1905, S. F. 143; in force March 30. 11293. Compulsory attendance-How enforced. That every person having legal or actual charge or control of any child or children or youth not less than seven (7) nor more than fifteen (15) years of age, shall during each school year between the second Monday of July and the last Monday of June following, cause such child or children or youth to attend the public day schools for a period of not less than twelve (12) weeks and if the public day school of the school district in which said person or persons having charge or control of such child or children or youth may reside shall be in session during the school year between the second Monday of July and the last Monday of June following, more than twelve (12) weeks, then the person having control of such child or children or youth shall cause each of them to attend such public day school not less than two-thirds of the entire time that said school shall be in session during the school year as aforesaid; and in no case shall such attendance be for a less period than twelve (12) weeks. Provided, that the portion of this act requiring attendance in public day school shall not apply in any case where the child or youth is, for a time equal to that required by this act, instructed in some private or parochial school; or in any case where the child is instructed at home or elsewhere by a person qualified to give instruction in the studies required to be taught in the public schools, or in any case where the child or youth, being of the age of fourteen (14) years, is of necessity regularly employed for his own support or the support of those actually dependent upon him: or in any case where the child or youth is physically or mentally incapacitated for the work done in the schools; or in any case where the child or youth lives more than two (2) miles from the school by the nearest practicable traveled road, unless free transportation to and from such school is furnished to such child or youth. In case exemption is claimed on account of mental or physical incapacity, the school authorities shall have the right to employ a physician or physicians who shail have authority to examine such child or youth, and if such physician or physicians shall declare that such child or youth is capable of undertaking the work of the schools, then such child or youth shall not be exempt from the requirements of this act. In case exemption is claimed and granted on account of children or youth of the age of fourteen (14) years being compelled to support themselves or those dependent upon them, such children or youth may, in the discretion of those charged with the enforcement of this act, be required to attend a public evening school or some other suitable school for not less than two hours each school day during the time provided for school attendance in this act. Be it further provided that all persons of from seven (7) to eighteen (18) years of age, who are residents of this state, and who by reason of partial or total blindness or deafness are unable to obtain an education in the public schools of this state, shall under the provisions of this act, be required to attend the Institute for the Blind or the school for the Deaf unless said persons are being privately or otherwise educated as [in] this act prescribed, or unless under the provisions of Chapter twenty-two (22) Compiled Statutes of Nebraska of 1901 [9556 et seq.] they are not subjects for admission to the Deaf and Dumb, and Blind Institute of the State of Nebraska. In case exemption is claimed on account of attendance at a private or parochial school, as provided in this act, or on account of attendance upon suitable instruction elsewhere given, as provided in this act, the authorities. of the private or parochial school so attended, or the person or persons giving elsewhere such instruction, shall keep a record showing the names and ages of all children enrolled, the number of the school district and the county of their residence, the number of days such child or children claiming exemption were members of such school or attendants upon such instruction, the days on which such pupils were present and the days on which they were absent, and the authorities of such private or parochial school, or the person giving elsewhere such instruction, as well as the authorities of all public schools shall furnish at the end of each month of school a report to the county superintendent of schools, and a duplicate of said report to the director or secretary of the school district in which such child or children reside, on blanks to be furnished or prescribed by the state superintendent of public instruction, which report shall cover said items of record as above, except: that in school districts organized under the provisions of Subdivision XIV [11236], or Subdivision XVII [11264], of Chapter 79 [51] of the Compiled Statutes of Nebraska for 1901, such report shall be made to the superintendent of the city schools of such district. And it is hereby made the duty of such county or city superintendent, upon the receipt of the report for the first month of school in said district, and each two weeks thereafter, to compare such reports with the last census report on file in his office from such district, and prepare a list of all children or youth resident in such district who are not receiv ing instruction as in this act provided, and to transmit said list to the officer or officers in such district whose duty it is to enforce the provisions of this act as hereinbefore provided. History. Amended 1905, H. R. 352; in force July 1. 2. This is not in conflict with 2362a. Opinions Atty. Genl. 1902-3, 135. 11294. Truant officers-Powers-Compensation. Boards of education in cities and metropolitan cities shall appoint one or more truant officers, who shall qualify as police officers; shall enforce the provisions of this law in the wards or districts for which they severally act; shall have authority to apprehend and take to his home or to some public, private, or parochial school any child found in violation of this act, and shall be compensated for his or their services in such sums as shall be determined by the board of education, to be paid out of the general school fund of the city. In all school districts other than city and metropolitan city school districts, any superintendent, principal, teacher, or member of the board of education, who shall know of any violation of this act on the part of children of school age, their parents, or persons in actual or legal control of such children, shall, as early as possible, report such violation to the superintendent of the county, who shall immediately investigate the case and give written notice to the parties reported as violating this act; and, if in one week from the time of said notice such parties are still living in violation of this act, then the county superintendent shall appear in the court of the county judge, and file his complaint against such parties violating this law. The county judge shall at once issue summons against the offending party or parties; such summons shall be served by the proper officers as by law prescribed; the offending parties shall appear in court under penalty for contempt and answer to the charge which, if proved, shall constitute in them a misdemeanor subject to a fine of not less than five ($5.00) dollars nor more than twenty-five ($25.00) dollars for each such offense. History. Amended 1905, S. F. 222; in force July 1. 11297 1. Taxes assessed against land occupied by a renter whose children were transferred to an adjoining district for school purposes must be transferred from the district where they were levied to the new district. The duty of the county clerk to transfer such taxes may be enforced by mandamus. Opinions Atty. Genl. 1902-3, 20. Secs. 11378 to 11382. An act to make the Nebraska State Historical Society the custodian of records, documents, and historic material from the various departments of state, state institutions, court houses, city halls, and other public buildings and departments in the state of Nebraska, and to provide for making certified copies of the same by the officers of the Nebraska State Historical Society. Jones's historic records bill. 1905, S. F. 180; in force July 1. 11378. Historical society custodian of relics and old records. The Nebraska State Historical Society is hereby made the custodian of all public records, documents, relics and other material which it may consider of historic value or interest, and which are now or may hereafter be in any of the offices or vaults of the several departments of state, in any of the institutions which receive appropriations of money from the legislature of Nebraska, in any of the county court houses or city halls or other public buildings within the state of Nebraska, subject always to the following regulations and conditions: History-Laws 1905, S. F. 180, sec. 1; in force July 1. 11379. How secure possession of historical matter. That such records, documents, relics or other historic material shall not be in active use in any such department, institution or building, por have been in active use for the period of twenty years preceding their delivery to the custody of said State Historical Society. That such material, through lack of proper means to care for, or safe and adequate place to preserve, is liable to damage and destruction: That the officer or board having the care and management of such department, institution or building shall consent in writing to the custody of such documents, records and materials by said State Historical Society. That the State Historical Society shall cause invoice and receipts for such material so turned over to be made in triplicate, one copy to be deposited with the secretary of state, one with the officer or board turning over such material, and one retained by the secretary of the State Historical Society. History.-Laws 1905, S. F. 180, sec. 2; in force July 1. 11380. Officers notify society of historical material A It shall be the duty of every officer or board having control or management of any state department, institution or building to notify the secretary of the State Historical Society whenever there are records, documents, relics or material in his or their care coming within the scope of this act. History.-Laws 1905, S. F. 180, sec. 3; in force July 1. 11381. Society receive catalogue and display historical matter. It shall be the duty of the State Historical Society by its officers or employees to examine such material and remove and receipt for such as shall seem to it of historic value. It shall transport the same at its own cost to its museum, and shall catalogue, arrange and display the same for the free use of the public History.-Laws 1905, S. F. 180, sec. 4; in force July 1. 11382. Society make certified copy of historical matter-Fees. Certified copies of any record, document, or other material of which the Nebraska State Historical Society shall be the custodian shall be made upon application by the secretary or curator of said society under seal and oath. Such certified copy shall be received in courts or elsewhere as of the same legal validity as similar certificates from the original custodian of such record, document or other material, and the secretary or curator of said Nebraska State Historical Society shall be entitled to the same fees for making such certified copy as the original custodian. History.-Laws 1905, S. F. 180, sec. 5; in force July 1. 11401. Departments shall furnish estimates of printing required. On or before the tenth day of April of each year the printing board will receive from the officers of each department of the government an estimate of the probable amount and kind of stationery, blanks, blank books, circulars, folders, catalogues, pamphlets, reports and all other stationery or printed matter required by law hereafter to be contracted for said department for the twelve months ensuing. Within twenty days thereafter the furnishing of each article of or piece of work shall be bid on separately and the contract awarded in like manner to the lowest and best bidder, the board reserving the right to reject any or all bids. *Provided that should an emergency arise for the immediate need of supplies above mentioned, the cost of which shall not exceed $100, said board. shall have the power in its discretion to buy such supplies on requisition from the officer requiring them, at the lowest and best competitive price, at any time during said twelve months. History. All after added 1905, H. R. 314; in force April 1. 11402 3. The board will be compelled by mandamus to award the contract to the lowest and best bidder. Marsh v. State ex rel., 2 Unoff. 372; 96 N. W. R. 520. |