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do and perform, in the absence of the auditor, such acts, herein authorized and required of the auditor, as the auditor may authorize him to do, subject to the same restrictions; Provided, however, That the state shall not be liable for, or pay any salary to such deputy other than the salary provided for the auditor for his services, unless allowed by the legislative assembly.
SEC. 15. [Seal.]—The auditor shall keep a seal of office for the authentication of all papers, writings, and documents, required to be certified by him, and copies so authenticated and certified, of all papers and documents lawfully deposited in his office, shall be received in evidence as the original.
SEC. 16. [Records delivered to successor.]-The auditor shall deliver over to his successor in office all books, papers, records, vouchers, presses, and other furniture, connected with or in any wise appertaining to his office.
SEC. 17. [Fiscal year.]-The fiscal year shall commence on the first day of December in each year, and end on the thirtieth day of November in each
SECTION 1. [Residence-Office. The state treasurer shall reside and keep his office at the seat of government. [R. S. 24. G. S. 1016.]
SEC. 2. [General duties.]—It shall be the duty of the state treasurer: First. To receive and keep all moneys of the state not expressly required to be received and kept by some other person. Second. To disburse the public moneys upon warrants drawn upon the state treasury according to law and not otherwise. Third. To keep a just, true, and comprehensive account of all moneys received and disbursed. Fourth. To keep a just account with each fund, and each head of appropriation made by law, and the warrants drawn against them. Fifth. To render a full statement to the auditor of all moneys received by him from whatever source; if on account of the revenue for what years; of all penalties and interest on delinquent taxes reported to, or accounted for, to him, and of all disbursements of the public funds; with a list, in numerical order, of all warrants redeemed, the name of the payee, amount, interest, and total amount, allowed thereon; with the amount of the balance of the several funds unexpended; which statement shall be made on the first day of December, March, June, and September, and oftener, if required. Sixth. To report to the legislative assembly as soon as practicable, but within ten days after the commencement of each regular session, a detailed statement of the condition of the treasury, and its operations for the preceding fiscal year. Seventh. To give information in writing to either house of the legistive assembly, whenever required upon any subject connected with the treasury, or touching any duty of his office. Eighth. He shall account for and pay over all moneys received by him as such treasurer, to his successor in office, and deliver all books, vouchers, and effects of office to him, and such successor shall receipt therefor.
SEC. 3. [Records-Inspection by legislature.]-All the books, papers, letters and transactions pertaining to the office of treasurer, shall be open to the inspection of a committee of the legislative assembly, or either branch thereof, to examine and settle all accounts, and to count all moneys; and when the successor of any such treasurer shall be elected and qualified the state auditor shall examine and settle all accounts of such treasurer, remaining unsettled, and give him a certified statement showing the balance of moneys, securities, and effects, for which he is accountable, and which have been delivered to his successor, and report the same to the legislative assembly.
SEC. 4. [Administer oaths, when.]-The treasurer shall have power to administer all oaths required by law, in matters pertaining to the duties of his .office.
SEC. 5. [Seal-Copies of records-Evidence.]-The treasurer shall
SEC. 17. See Const. sec. 19, Art. III. 5 Neb. 570.
ART. IV. Chap. IV, R. S. 24. G. S. 1016. See 8 Neb. 67. Sec. 4, Chap. 8.
keep a seal of office for the authentication of all papers, writing, and documents required by law to be certified by him, and copies so authenticated and certified, of all papers and documents lawfully deposited in his office, shall be received as evidence the same as the original papers and documents.
SEC. 6. [Neglect to pay warrant.]-If the state treasurer shall wilfully refuse or neglect to pay any warrant lawfully drawn upon the treasury, when the money for the payment of the same is in the treasury, he shall forfeit and pay fourfold the amount, to be recovered by action against the treasurer and his sureties, on his official bond or otherwise. He shall also suffer such punishment. as the law may provide.
SEC. 7. [Deputy.]-The treasurer shall have power to appoint a deputy, who shall give a bond to the state of Nebraska, with good and sufficient security, to be approved by the governor, in the sum of ten thousand dollars, which bond, together with a copy of his appointment and oath of office, the deputy shall deposit in the office of the secretary of the state, and the said deputy may do and perform, in the absence of the treasurer, all of the acts and duties that he may be authorized to perform by the treasurer, subject to the same restrictions as the treasurer, and the treasurer shall be responsible for all the official acts of his deputy.
SEC. 8. [Records delivered to successor.]-The treasurer shall deliver over to his successor in office, all books, papers, records, vouchers, presses, and furniture appertaining thereto.
SEC. 9. [Fiscal year.]-The fiscal year shall commence on the first day of December in each year, and end on the thirtieth day of November in each year. SEC. 10. Judgments owned by state-Transfer.]-That the state treasurer be and he is hereby authorized to sell, assign, and transfer any judgment held and owned by the state against any person or persons, or body corporate, and to sell, assign, and transfer any security in the nature of a mortgage held on behalf of the permanent school fund, to any person or persons, or body corporate that will pay the full amount thereof, and such sale and assignment shall transfer to and confer upon such purchaser or purchasers all the rights of the state in such judgments or mortgages. [1877 § 1, 207.]
ARTICLE V.-ATTORNEY GENERAL.
SECTION 1. [Appear for state.-The attorney general shall appear for the state, and prosecute and defend all actions and proceedings, civil or criminal, in the supreme court, in which the state shall be interested or a party, and shall also, when requested by the governor, or either branch of the legislature, appear for the state and prosecute and defend in any other court, or before any officer, any cause or matter, civil or criminal, in which the state may be a party, or interested. [1869 § 3, 165. Amended, 1873. G. S. 1018.]
SEC. 2. [Prosecute official bonds, state contracts, etc.]-The attorney general may, on his own motion, or whenever thereunto requested by any officer of the executive department, having charge of any official bond, contract, or matter, shall upon a breach thereof, prosecute any official bond deposited in any office of the executive department, or any contract in which the state is interested, and may, and when so requested shall bring, prosecute, and defend for the state, any suit, matter, or thing, civil or criminal, in which the state is interested, or relating to any matter connected with the executive department. [Id.]
SEC. 3. [Counsel and advise officers.]-The attorney general shall consult with and advise the district attorneys, when requested by them, in all matters
SEC. 7. See sec. 19, chap. 10. ante page 94.
SEC. 10. "An act to enable the state to realize upon judgments and mortgages held and owned by thestate against any person or persons, or body corporate, whether securities held on behalf of the permanent school fund, or otherwise." Laws 1877, 207. Took effect June 1, 1877.
ART. V. "An act to provide for the election of an attorney general for the state of Nebraska, and to prescribe his duties, and fix his compensation," Laws 1869, 164. Took effect Feb. 15, 1869.
SECS. 1-2 of original act superseded by election law, ante p. 331.
SECS. 9-10 of original act repealed 1881, 102, ante p. 95. See as to foreclosure of school fund securities, ante page 582.
pertaining to the duties of their office; and he shall have authority to require their aid and assistance in all matters pertaining to his duties in their respective districts, and may, in any case brought to the supreme court from their respective districts, demand and receive the assistance of the district attorney from whose district such case is brought. He shall also, when required, give his opinion in writing, without fee, upon all questions of law submitted to him by the legislature, or either branch thereof, or by the governor, secretary of state, treasurer, or auditor. [1869 § 5, 165.]
SEC. 4. [Assist officers-Report to legislature.]-Whenever requested by the governor, secretary of state, treasurer, or auditor, he shall prepare proper drafts for contracts, forms, and other writings which may be wanted for the use of the state; and he shall report to the legislature, or either branch thereof, whenever requested, upon any business pertaining to the duties of his office. [Id. § 6.]
SEC. 5. [Pay money into treasury.]-All moneys received by the attor ney general, belonging to the people of this state, shall be immediately, upon the receipt thereof, paid by him into the state treasury. [Id. § 7.]
SEC. 6. [Register of cases.]--He shall keep in proper books, provided for that purpose at the expense of the state, a register of all actions and demands prosecuted or defended by him in behalf of this state, and of all proceedings had in relation thereto, and shall deliver the same to his successor in office. [Id. § 8.]
ARTICLE VI.-COMMISSIONER OF PUBLIC LANDS AND BUILDINGS.
SECTION 1. [Deputy.]—The said commissioner shall appoint a deputy, who shall attend at the office of said commissioner, from whom he shall require a bond not less than ten thousand dollars, and who shall, in the absence of said commissioner, perform all acts devolving upon him by law. [1877 § 2, 172.]
SEC. 2. [Seal.]-The said commissioner shall procure a seal with proper devices and the words "Nebraska State Land Office" engraved thereon, which seal shall be used by him officially in all matters pertaining to his office wherein a seal is required. [Ïd. § 3.]
SEC. 3. [Records.]-The records appertaining to all public lands of the state shall be kept in the office of said commissioner at the seat of government. [Id. § 4.]
SEC. 4. [Duties.]-The commissioner shall perform such duties as may be devolved upon him by the boards provided for in section 19 of article V and section 1 of article VIII of the constitution. [Id. § 5.]
ARTICLE VII.-BOARD OF PUBLIC LANDS AND BUILDINGS.
SECTION 1. [Officers.]-That the board created by section 19 of article 5 of the constitution of the state of Nebraska, consisting of the commissioner of public lands and buildings, the secretary of state, treasurer, and attorney general of the state, shall hereafter be known in law as the "Board of Public Lands and Buildings of the State of Nebraska," and shall have general supervision and control of all the public lands, lots, and grounds, and all institutions, buildings and the grounds thereto, now owned or that may hereafter be acquired by the state, including the saline lands, together with all salt springs, the penitentiary lands, internal improvement lands and lots, as well as the state capitol building and grounds, the state penitentiary and grounds, the state hospital for the insane and grounds, the asylum for the deaf and dumb and grounds, the asylum for the blind and grounds, and all other lands, lots, grounds and buildings now belonging or hereafter acquired by the state; Provided, however, That all lands, lots, grounds and buildings or institutions set aside for and devoted to educational purposes, be and hereby are excepted from the provisions of this act. [1877, § 1, 189.]
ART. VI. "An act defining the duties of the commissioner of public lands and buildings." Laws 1877, 172. Took effect Feb. 19, 1877. Sec. 1 of original act repealed 1881, 102, ante p. 95. ART. VII. "An act establishing a board of public lands and buildings of the state of Nebraska and defining their duties." Laws 1877, 189 Took effect Feb. 13, 1877. See 6 Neb. 287. 7 Id. 45. 15 Id. 262.
SEC. 2. [Powers.]-The board of public lands and buildings shall have the power to make general direction, according to law, for the sale, leasing, or other disposition of the lands, lots and grounds belonging to the state as aforesaid, and shall give warrant by their proceedings as such board, to. the commissioner of public lands and buildings for his action in the sale or leasing of such lands, lots and grounds, and shall require of the said commissioner a, full, and detailed report of all such sales, leases, and the funds thereby acquired, as hereinafter directed. SEC. 3. [Custody of buildings.]-The board shall have general custody and charge of all buildings and institutions and the grounds thereto coming under the provisions of this act, and shall be responsible for the proper keeping and repair of the same, and shall require from the commissioner of public lands and buildings who shall be direct custodian of such institutions, buildings and grounds, a report, at least once in every three months, as to the condition of the same; Provided, That no additions shall be made to any public buildings without special appropriation of the legislature.
SEC. 4. [Disbursement of funds.]-The said board shall have power, under the restrictions of this act, to direct the general management of all the said institutions and be responsible for the proper disbursement of the funds appropriated for their maintenance, and shall have reviewing power over the acts of the offieers of such institutions, and shall, on the part of the state, at regular meetings as hereinafter directed, audit all accounts of such officers including the accounts of the commissioner of public lands and buildings, except his salary.
SEC. 5. [Accounts of officers.]-At the regular meeting of the board it shall be their duty to examine the accounts of the public officers contemplated in this act and to determine whether the same are entitled to be paid out of the moneys appropriated for the purpose of maintaining the institutions for which they are charged, and if correct, shall approve the same, which approval shall be signed by the president and countersigned by the secretary under date of such action; and if the accounts be incorrect, exorbitant, or not entitled to payment from such appropriations, the same shall be disapproved and returned to the claimant, such board keeping a record of the same.
SEC. 6. [Payment of accounts.]-When the accounts above mentioned have been filed with the board, and shall have been audited and approved by them, the auditor of public accounts is hereby authorized and directed, upon the presentation to him of such accounts so authenticated, to issue his warrant on the treasurer against the proper fund or appropriation, for the amount therein stated, to the claimant or his assignee. And no accounts coming under the provisions of this act shall be entitled to payment until they have been so approved by the said board.
SEC. 7. [Charges against officers.]-It shall be the duty of the board to take cognizance of all charges or complaints made against the said public officers, and at a regular meeting, to give an impartial hearing to such charges, and the defense against them, if any, and report the charges, evidence, and their conclusions in the matter, to the governor, within six days after the determination of such investigation.
SEC. 8. [Meetings.]-The said board shall meet at least once in each month, on the first Monday thereof, for the transaction of business; the commissioner of public lands and buildings shall be ex-officio president of the board, and shall preside at all meeeings and execute all other duties prescribed for him in this act, and shall sign all papers and instruments or documents that shall be approved, made or directed by the board.
SEC. 9. [Secretary.]-The secretary of state shall be ex-officio secretary of the board, and shall keep a careful record of all the proceedings of the board in a substantial and well bound book, to be kept for that purpose, and which shall be known as the "Record of the proceedings of the board of public lands and buildings of the state of Nebraska," and the said secretary shall countersign all papers, instruments or documents approved, made or directed by the board.
SEC. 10. [Quorum.]-It shall be necessary for at least three members of said board to be present at any meeting for the transaction of business, and in absence of the president, or secretary, the place shall be filled by election, pro tempore; Provided, That no meeting for business shall be held without the presence of one or the other of them.
SEC. 11. [Special meetings.]-The president shall have the power to call the board together in special meeting, if in his judgment the public good requires the same to be done for any purpose contemplated in this act; and such call shall be by written notice, stating the purpose of meeting, which notice shall be delivered to each member of the board.
SEC. 12. [Duties of commissioner.]-It shall be the duty of the board at their first meeting after the passage of this act to direct the commissioner of public lands and buildings to procure an authentic list of all the lands that have come into possession of the state by donation or purchase, or otherwise, that come under the provisions of this act, and enter the same in numerical order, each under the class of lands to which it belongs, in a tract book to be procured and kept for that purpose; and they shall see that all deeds of conveyance, confirmation of selection, certificate, or other direct evidence through which the state derives title to the said lands, are recorded in the counties in which the lands are situated; and that all original documents conveying or confirming titles of land to the state shall be collected and placed in the office of the commissioner of public lands and buildings, and by him recorded in a book to be kept for that pose; and the said commissioner shall thereafter be the proper custodian of all such records and papers relating to the lands mentioned in this act.
SEC. 13. [Same.]-When such lists shall have been obtained, the board shall proceed with the said commissioner to check from land records now in possession of the state, all the lands and lots that have been alienated by sale, donation, or otherwise, and by what other means necessary ascertain and enter under a corrected list, a true list of all the lands, lots, and grounds, now the property of the state as aforesaid, specifying for what purpose such lands, lots, or grounds, are dedicated and set aside, and entering in a column opposite [the] tract in each case, the appraised value of the same; which books and lists, when completed, shall be kept in the office of the commissioner of public lands and buildings.
SEC. 14. [Appraisement of state lands.]-The board shall, as soon as practicable, provide for an appraisement of all such lands and lots, and enter the same of record as aforesaid; and shall, when the public good requires the same as directed by the legislature, authorize the commissioner of public lands and buildings to advertise and sell, according to law, such portion of said lands and lots as is necessary to meet the requirements of the state as directed by law.
SEC. 15. [Schedule of state property.]—The board shall require the several officers in charge of the institutions and buildings of the state, coming under the provisions hereof, to make out a correct schedule of all property in their charge belonging to the state, to be certified under oath, which shall be filed with the secretary of the board, and a copy thereof furnished to the commissioner of public lands and buildings, together with a list of buildings and grounds.
SEC. 16. [Acts applicable.]--All laws now in force relating to the public lands and buildings not in conflict with the provisions of this act shall apply to this board, and all laws conflicting therewith are hereby repealed.
SEC. 17. [Leasing convict labor.]-It shall be the duty of said board, at their first meeting, to cause to be published in at least three papers of general circulation, one of which shall be published in Lincoln, one in Omaha, and one in Chicago, advertisements for sealed proposals for the leasing of penitentiary and penitentiary grounds and convict labor. Said proposals shall provide further, for payment of all penitentiary expenses, including salaries of officers, and other help, the heating of buildings, boarding and clothing convicts. The cost at all times shall be estimated per capita. Said board shall have power to make contracts with lowest bidder, for a term of not more than ten years; Provided, No