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of the fund derived from the sale of said lands then in the treasury, but none of said funds shall be invested or loaned except on United States or state securities and registered county bonds.
SEC. 26. [Payments of interest.]-The provisions of this act in relation to the payments of interest upon the purchase money of any lands sold as herein provided, shall apply to all future payments of interest upon sales of lands heretofore made in this state, and the said board shall, in their entries made under section six of this act, compute interest due according.
SEC. 27. [Subdivision into lots ]-Any portion of the lands of this state governed by this act adjoining the site of any city or town may be subdivided into lots and sold as herein provided. The board being satisfied that by a division of any such tract into lots the sale of the same can be made for a greater amount than if sold in tracts of forty acres as herein provided, shall have the authority to employ the necessary surveyors, and cause such tracts to be subdivided into lots and tracts of such size as they may determine, and a plat of the same shall be made and filed for record in the office of the county clerk. Tracts of land so subdivided shall not be leased, but each lot situated therein shall be sold at public auction at such time as the board shall direct, and sold as other lands are sold; such lots shall be appraised by the appraisers to be appointed by the board, none of whom shall be occupants of the land so sold. The commissioner of public lands and buildings shall give thirty days notice of such sale, and publish the same in three newspapers of general circulation throughout the state, one of which shall be published in that county, and if no newspaper is published therein notices of such sale shall be posted in five of the most public places in the county. Each notice shall contain a list of the land to be sold, and the appraised value of each. The sale of such lots shall take place on the day appointed under the direction of the commissioner, and the same shall be sold to the highest bidder, but in no case for less than the appraised value. Lots remaining unsold shall be again offered for sale at public auction, at such time as the board shall direct; Provided, That the said commissioner may adjourn the sales from day to day until all the lots be offered.
SEC. 28. [Same-Expenses.]-The expenses attending such sale shall be paid as other expenses of sale of school land as hereinbefore provided.
SEC. 29. [Accounts with county treasurers.]-The auditor of public accounts shall charge each of the county treasurers in the state the amount of money received as principal and interest, separately from the sale or lease of lands in their respective counties, as shown by the receipts forwarded by the clerks of the several counties, and upon payment of the same to the state treasurer, and the presentation of the state treasurer's receipt, shall credit the several county treasurers with the amount of the same.
SEC. 30. [Taxation..]-School lands sold under the provisions of this act, or such as have been heretofore sold shall not be taxable until the right to a deed shall have become absolute, except for the value of the interest of such purchasers, which interest shall be determined by the amount paid and invested in improvements on such lands.
SEC. 81. [Purchase by school districts.]-Any school district in which there may be any school or other land belonging to the state subject to disposition under this act, is hereby empowered to purchase from the state any portion of such land not exceeding forty acres for school purposes, at not less than seven dollars per acre, nor less than the appraised value, such appraisement to be made in the same manner as provided for in section three of this act.
SEO. 32. [Purchase by church or cemetery association.]—Any church or cemetery association or corporation having control of a cemetery in a school district where there is any such land, may purchase from the state any portion of said lands not exceeding ten acres for church or cemetery purposes, at not less than the price at which said lands may be purchased by individuals under the provisions of this act.
SEO. 88. [Same.]-In the event of there being a school house, cemetery, or cnurch located upon any such land which has been or may hereafter be sold to any individual, corporation, or parties, such school district or school officers thereof, church or association, with the consent of the purchaser or occupant in writing, may purchase land for the purposes specified in section thirty-one, and obtain a deed from the state at the price the purchaser or occupant is to pay, and the sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.
SEC. 84. [Same.]-Sales of land made for the special purposes contemplated in section thirty-one, shall be the same as provided for in section six of this act, on the terms provided, and if there be buildings on such lands belonging to the state, such buildings shall be appraised separately.
SEC. 85. [Repealed chap. LXXIV, laws 1883.]
ARTICLE II.-SCHOOL FUNDS.
SECTION 1. [Unclaimed fees and costs.]-That all unclaimed fees and costs which have been paid and not demanded for two years, shall be paid in by the justice or clerk of any court under whose control such unclaimed fees and costs may be, to the school fund of the respective county where such moneys belong. [1869 § 1, 158.]
SEO. 2. [Fines and penalties.]-That all fines, penalties, and forfeitures not otherwise specifically appropriated, shall be paid in to augment the common school fund of the county where such fines, penalties, and forfeitures properly belong. [Id. § 2.]
SEC. 3. [Escheats.]-That all property, real or personal, which may now belong to this state by escheat, or that may hereafter escheat to this state for want of owners, shall be managed by the governor and the superintendent of public instruction, and such property and the proceeds thereof shall be placed in the school fund of the state. [Id. § 3.]
SEC. 4. [Five per cent. fund.]-That all moneys now in the state treasury, or that may hereafter be received from the United States, on account of the five per cent. fund on cash sales, shall be placed to the credit of the permanent school fund of the state. [G. S. § 1, 999.]
SEC. 5. [Duty of governor.]-That the governor of the state be, and he is hereby empowered and directed to receive from the United States, all moneys that may be due or hereafter become due to the state, and it shall be his duty to deposit the same without delay in the treasury of the state, taking the treasurer's receipt thereof. [Id. § 2.]
SEC. 36. See sec. 3, chap. 77, p. 489, and Art. III, this chapter.
SECS. 1-3. "An act to increase the school fund in Nebraska by penalties, forfeitures, fines, unclaimed fees and estates." Laws 1869, 158. G. S. 1000. Took effect February 15, 1869. See Const. Sec. 3, Art. VIII, 5 Neb. 206, Art Chapte 83, post.
SEC. 4. "An act to place moneys received from the United States, known as five per cent. funds, to the credit of the permanent school fund of the state." G. S. 999. Took effect February 18, 1873
SEC. 6. [Permanent school fund securities-Collection.-That the state treasurer is hereby authorized and directed to institute suit on behalf of the state of Nebraska in the proper courts of the several counties for the foreclosure and collection of any and all securities held by the permanent school fund of this state, such suits to be prosecuted in the name of the state, against any and all persons indebted to said fund upon such securities, and the judgments recovered and the moneys collected thereon shall belong to said school fund. [1877 § 1, 208.]
SEC. 7. [Duties of attorney general.]-That the attorney general is hereby required, upon request of said state treasurer, to perform all necessary legal labor in the preparation and prosecution of any suit necessary to be brought in order to compel the payment of any of such securities or the interest due, or to become due thereon. [Id. § 2.]
SEC. 8. [Cancellation. That upon the payment if [of] any mortgage or other security held by said school fund, the state treasurer is hereby authorized and required to discharge and cancel the same of record in the manner required by law. [Id. § 3.]
SEC. 9. [Settlement.]-If the governor, treasurer, and auditor of public accounts shall deem it for the best interests of the state to take a conveyance of the land mortgaged, to secure any loan of the permanent school fund heretofore made, or other land in lieu thereof, then and in that case, the treasurer is hereby authorized to cancel and discharge of record any mortgage heretofore given to the state for the benefit of the permanent school fund when such conveyance of such lands as the said governor, treasurer and auditor of public accounts may require to be made, shall have been duly executed and delivered to the state for the benefit of the permanent school fund. [Id. § 4.]
SEC. 10. [Avails of judgments transferred to school fund.—That all moneys now in the treasury of the state arising from collections on judgments in favor of the state, as well as all moneys which shall hereafter be collected on such judgments, shall be transferred and paid into the permanent school fund and become a part thereof. [1879 § 1, 177.]
ARTICLE III.—REFUNDING TAXES.
SECTION 1. [To whom paid.]-That moneys heretofore received by the county treasurer of the several counties within the state of Nebraska, on account of taxes levied on lands, the title to which vests in the state of Nebraska, from persons holding said lands under contract of sale, or lease, shall be repaid without interest to persons who have paid the same, their heirs, executors, or assigns. [1879 § 1, 149.]
SEC. 2. [Payment.-That said moneys shall be repaid by the respective county treasurers, on orders in that behalf, made by the county commissioners of the respective counties.
SEC. 3. [Receipt.]-That no order shall be made by the county commissioners of any county, for the repayment of money paid as aforesaid into the treasury, except upon the production of a receipt from the treasurer of the [county] acknowledging the payment of money as taxes as aforesaid, on lands owned by the state of Nebraska.
SECS. 6-9. "An act to provide for the foreclosure and collection of the securities held by the permanent school fund of Nebraska." Laws 1877, 208. Took effect June 1, 1877.
SEC. 10. "An act to provide for the transfer of moneys received by the treasurer on judgments in favor of the state to the permanent school fund." Laws 1879, 177. Took effect June 1, 1879.
ART. III. An act to provide for the repayment of moneys paid as taxes on lands, the title to which vests in the state, by persons holding such lands under contract of sale, or by lease." This act held constitutional. 12 Neb. 356. 13 Id. 524. That part of section of law of 1883, chap. LXXIV. Sec. 35, which repealed this article held unconstitutional. State ex. rel. Miller v. Caldwell., 17 Neb.
SEC. 4. [Cancelling of taxes.]-The county commissioner[s] of any county where school lands have been wrongfully taxed and the taxes have not yet been paid, shall order the county treasurer to cancel the same.
ARTICLE IV.—MISCELLANEOUS PROVISIONS.
SECTION 1. [Purchaser may surrender portion of lands.]-That any person who has purchased any of the school lands of this state, who may desire to surrender portions, and retain other portions, not less than forty acres of the same, shall, upon executing a release in writing to the state of Nebraska for such lands surrendered, be credited by the county treasurer of the county upon the portion of land retained by such person, the amount of money paid upon such lands so surrendered which shall exceed six per cent. per annum of the unpaid portion of the purchase price of said lands. [1879 § 2, 81.]
SEC. 2. [Bond when sale of school land is enjoined.]-That hereafter, when any person, or persons, shall institute proceeding to prevent the sale of any of the school lands of this state, the judge, or other person, before whom the proceedings shall be commenced, shall require the person instituting such proceeding to enter into a written undertaking with one or more good and sufficient sureties thereto, to the state of Nebraska, in a sum equal at least to fifteen per centum of the value of the lands, the sale of which is sought to be prevented, conditioned, that the plaintiff or person instituting such proceedings, shall pay all costs and damages which may accrue, if it shall finally be determined that such proceedings ought not to have been instituted. [1875 § 1, 123.]
SEC. 3. [Time of payment extended.]-That upon the full payment of all the interest and taxes due thereon, the principal of all notes given in payment for school lands, be, and the same is hereby extended to the first day of January, 1890; Provided, That upon all lands heretofore sold, the purchaser or his assigns, shall make satisfactory proof to the county clerk of the county within which the land is situated, that permanent improvements have been made upon said lands before such extension shall be granted; Provided further, That nothing in this act shall be construed to prevent the purchaser or his assigns, from making full payment of such notes at any time by computing the interest to the first day of January following such payment. [1877 § 1, 210.]
SEC. 4. [Power of county commissioners.1-It shall be the duty of the county commissioners, upon application being made by the purchaser, or his assigns, showing that the provisions of section one of this act has been complied with, to extend the time of payment of the principal of such notes to the time specified in section one of this act. [Id. § 2.]
SEC. 5. The provisions of this act shall extend to and include all sales of school land hereafter made. [Id. § 3.]
SEC. 6. [Parties living on land selected in lieu of sections 16 and 36.-Any person or persons who shall have resided continuously for a term of five years on lands selected in lieu of sections 16 and 36 for common school purposes, shall when the state acquires title thereto, have the privilege of purchasing the same, on the same terms as other school lands are purchased from the state; Provided, That such lands shall be appraised under direction of the county commissioners, at not less than seven dollars per acre; Provided further, That such appraisal shall not include any improvements placed on said lands by the person so purchasing the same. [1875 § 1, 123.]
SEC. 1. "An act to amend an act entitled 'an act for the relief of purchasers of school lands,' approved February 19, 1877." Laws 1879, 80. Took effect June 1, 1879.
SEC. 2. "An act to provide the measure of damages in cases where proceedings are instituted to prevent the sale of school lands." Laws 1875, 123. Took effect Feb. 25, 1875.
SECS. 3-5. "An act to extend the time of payment of notes given in payment for school lands." Laws 1877,210. This act took effect June 1, 1877 subsequent to sec. 11, p. 481.
SEC. 6. An act authorizing parties living on school lands selected in lieu of sections 16 and 36 to purchase the same when the state acquires title." Laws 1875, 123. Took effect Feb. 25, 1875.
SEALS.-SEAT OF GOVERNMENT.
CH. 81, 82
SECTION 1. [Use of private seals abolished.]-The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made, shall not affect its equity or legality in any respect. [R. S. 376. G. S. 1001.]
SEC. 2. [Instruments heretofore made without seal valid.]-All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have heretofore been executed, without the use of a private seal, are, notwithstanding, hereby declared to be legal and valid in all courts of law and equity in this state and elsewhere.
CHAPTER 82.-SEAT OF GOVERNMENT.t
SECTION 1. [Commissioners.]-That the governor, secretary of state, and the auditor, be, and they are hereby appointed commissioners for the purpose of locating the seat of government and the public buildings of the state of Nebraska.
SEC. 2. [Provided for bond' of commissioners.]
SEC. 3. Selection-Name.]-On or before the fifteenth day of July, A. D. 1867, the commissioners, or a majority of them, shall, upon actual view, select from the lands belonging to the state, within the following limits, to wit: The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine, a suitable site of not less than six hundred and forty acres, lying in one body, for a town, due regard being had to its accessibility from all portions of the state, and its general fitness for a capital. They shall then appoint a suitable person as surveyor, and such other assistants as may be necessary, who shall take and subscribe an oath similar to the one taken by the commissioners. They shall immediately survey, lay off, and stake out the said tract of land into lots, blocks, streets, and alleys, and public squares, or reservations for public buildings, which said town, when so laid out, and surveyed, shall be named and known as Lincoln, and the same is hereby declared to be the permanent seat of government of the state of Nebraska, at which all of the public offices of the state shall be kept, and at which all the sessions of the legislature shall hereafter be held.
SECS. 4-10. [Provided for sale of lots, expenses of commissioners, and erection of capitol.]
SEC. 11. [University-Agricultural college-Location.]-The state university and state agricultural college shall be united as one educational institution, and shall be located upon a reservation selected by said commissioners, in said "Lincoln," and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the state for that purpose, or from other sources.
SEC. 12. [Penitentiary-Location.]-The penitentiary of the state shall be located upon a reservation selected by the said commissioners in the said "Lincoln," or upon lands belonging to the state, and adjacent to said, town of “Lincoln," and the necessary building shall be erected as soon as funds can be secured. SEC. 13. [Officers to move to Lincoln.]-As soon as the capitol building provided for in this act, is erected and completed, it shall be the duty of the governor to issue his proclamation announcing said. fact, and thereupon it shall be the duty of all the state officers whose offices are properly kept at the capitol, to remove, within three months, their several offices, together with the public property, archives, records, books, and papers to said "Lincoln," and all sessions of the legislature shall thereafter be convened at the same place.
SEC. 14. [Provided for report to legislature.]
*NOTE.-Chapter XLIX, R. S. 376 Chapter 71, G. S. 1001.
+NOTE. "An act to provide fo the location of the seat of government." Laws 1867, 52. G. s. 1002. Took effect June 24, 1877. NOTE.-Also that special acts concerning the erection of public buildings, capitol, insane asylum, etc., are omitted from this volum. See Const. p. 38.