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bid shall be received where the net cost per capita shall exceed sixty cents per day, and the estimate shall be on convicts only. Any contract entered into shall provide that the general management and discipline of the convicts shall be under the control of the said board and the warden, and no contract shall be made which shall deprive the convicts of any privileges granted by law.
ARTICLE VIII. -CLAIMS AGAINST THE STATE.
SECTION 1. [Audit and approval.]—All claims of whatever nature upon the treasury of this state, before any warrant shall be drawn for the payment of the same, shall be examined and adjusted by the auditor of public accounts, and approved by the secretary of state; Provided, however, That no warrant shall be drawn for any claim until an appropriation shall have been made therefor. [1877 $ 1, 202.]
SEC. 2. [Record-Appeal.]-The auditor of public accounts shall keep a record of all claims presented to him for examination and adjustment, and shall therein note the amount of such claim as shall be allowed or disallowed, and in case of the disallowance of all such claims, or any part thereof, the party aggrieved by the decision of the auditor and secretary of state, may appeal therefrom to the district court of the county where the capitol is located, within twenty days after receiving official notice. Such appeal may be taken in the manner provided by law in relation to appeals from county courts to such district courts. and shall be prosecuted to effect as in such cases; Provided, however, That the party taking such appeal shall give bond to the state of Nebraska in the sum of two hundred dollars, with sufficient surety, to be approved by the clerk of the court to which such appeal may be taken, conditioned to pay all costs which may accrue to the auditors of public accounts, by reason of taking such appeal. No other bond shall be required.
SEC. 3. Judgment in district court.]-In case the appeal shall be taken as provided in section two of this act, and on trial thereof, the district court shall be of the opinion that the decision of the said officers was wrong, either in fact or law, the said court shall reverse the same, and by its order and mandate require the said auditor to issue a warrant, in accordance with the provisions of section one of this act, upon the treasury for such an amount as shall be determined on the trial of such appeal to be legally due thereon. If either party feel aggrieved by the said judgment, the same may be re-reviewed in the supreme court as in other cases.
SEC. 4. [Action when barred.]-No claim which has been once presented to such auditor and secretary of state, and has been disallowed, in whole or in part, shall ever again be presented to such officers, or in any manner acted upon by them, but shall be forever barred, unless an appeal shall have been taken, as provided in section two of this act.
SEC. 5. [Part of claim allowed.]-When a claim has been, in part allowed by such officers, a warrant shall be drawn as in other cases where the whole claim shall be allowed.
ARTICLE IX.-DISPOSAL OF ESCHEATED ESTATES.
SECTION 1. [Escheated lands-Sale.]-That the state treasurer is hereby authorized and required to sell and dispose at public auction, all the right, title and interest of the state, to any lands which have escheated to the former territory of Nebraska or the state of Nebraska, for want of heirs. [1875 §1, 51.]
SEC. 2. [Same-Title vests in state.]-Upon the failure of heirs, the
ART. VIII. "An act to provide for examination and adjustment of claims upon the state treasury in accor dance with the provisions of section nine of article nine of the constitution." Laws 1877, 202. Took effect Feb. 17, 1877. Under this act the right to bring an original action against the state is denied and the courts can acquire jurisdiction in such cases only by appeal from the decision of the auditor and secretary of state. 7 Neb. 107.
ART. IX. "An act to regulate escheats." Laws 1875, 51. Took effect Feb. 25, 1875.
title shall vest at once in the state, without an inquest or other proceedings in the nature of office found.
SEC. 3. [Sale-Notice.]-The state treasurer, before making any such sale shall cause public notice to be given for at least four weeks before the time fixed for such sale, of the time and place of making the same, which said notice shall be by publication, in not less than one newspaper published in the county where the land lies; or, if no newspaper be published in said county, by publication in two of the papers printed at the seat of government.
SEC. 4. [Deed.]-Upon the sale of said lands, the treasurer shall make out a certificate to the purchaser or purchasers, stating the price of the same, and the county where the same lie, giving a particular description of the same, when and where sold, and the governor of the state, upon the presentation of said certificate, shall, as governor of the state, execute to such purchaser or purchasers, his or her assignee, or assignees, a deed for the land described in said certificate; and the secretary of state shall countersign the said deed, and affix the great seal of the state to the same; and the said deed so executed as aforesaid, shall vest in the grantee or grantees, his or her heirs or assigns, all the title of the state of Nebraska, in and to the said lands; and the said grantee shall have the same right of action in the name of the state of Nebraska, as the state would have had without said sale and conveyance.
ARTICLE X.-REPORTS OF STATE OFFICERS.
SECTION 1. [Number of copies.]-That the state officers who are required by law to make biennial reports to the legislature shall cause the same to be printed by the state printer, and have ready for distribution on or before the first day of the session of the legislature, as hereinafter provided, viz: one thousand copies each of the reports of the auditor, treasurer, secretary of state, and commissioner of public lands and buildings, and five hundred copies each of the reports of the attorney general, superintendent of public instruction, state librarian, and adjutant general. [1881 § 3, chap. 80.]
SEC. 2. [Deposit in state library.]-The secretary of state shall be required to deliver to the state librarian, two hundred copies each of the reports of the auditor, treasurer, secretary of state, and commissioner of public lands and buildings, and one hundred copies each of the reports of the attorney general, superintendent of public instruction, state librarian and adjutant general, who shall preserve the same for the use of the state officers and members of the legislature. Id. § 4.]
SEC. 3. [Bound volume.]-It shall be the further duty of the state librarian to select one copy each of said reports and have the same bound in one volume, which shall ever be kept in the state library for public inspection. [Id. § 5.] SEC. 4. [By whom reports printed.]-The state printer receiving the copy for printing said biennial reports during, or any time before the contract shall have expired, shall furnish and complete the order given under his contract, and the same shall be audited and paid for as provided by law. [1875 § 2, 65.]
ARTICLE XI.-STATE BONDS.
SECTION 1. [Issuance.]-That the governor and secretary of state be and they are hereby authorized and required to issue the bonds of the state to the amount of fifty thousand dollars, payable ten years after date, with interest at ten per cent. per annum, payable semi-annually on the first day of July and January of each year; principal and interest payable in the city of New York. Said bonds shall be of the denomination of one thousand dollars each. [1875 § 1, 173.]
ART. X. "An act to provide for the publication of the laws and journals of the sixteenth session of the legislature, and the biennial reports of certain state officers, and for the preservation of said reports." Approved and took effect Feb. 28, 1881.
ART. XI. SECS. 1-2. An act for the issuing of state bonds for the purpose of providing seed for the citizens of counties devastated by grasshoppers during the year 1874." Laws 1875, 173. Took effect Feb. 17, 1875. Secs. 2-3 of original act, providing for board of relief, and Sec. 1 of supplemental act, providing for registration of bonds, are omitted.
SEC. 2. [Payment of interest and principal.]-The annual interest and principal of said bonds, when the same becomes due, shall be paid by the state treasurer out of the state sinking fund, and the coupons and bonds when so paid shall be cancelled and preserved by the state treasurer as vouchers for the payments so made. [Id. § 4. Amended 1877, 63.j
SEC. 3. [Bonds for funding state indebtedness.]-That for the purpose of funding the foregoing indebtedness, the governor and secretary of state be and they are hereby authorized and required to issue the lithographed coupon bonds of the state of Nebraska, to the amount of five hundred and sixty-six thousand, three hundred and sixty-nine dollars and thirty-eight cents, payable twenty years after April 1st, 1877, with interest at eight per cent. per annum, said interest payable semi-annually on the first day of October and April of each year thereafter. Principal and interest of said bonds shall be payable at the treasury of this state. Said bonds to be of the denomination of not more than one thousand dollars each, and the same, with the coupons, shall be payable to bearer. Said bonds, when issued, shall be registered by the auditor of public accounts, in a book kept for that purpose in his office, and when so registered and certified by him under his seal of office to have been regularly and properly issued, and that the signatures thereto are genuine, shall be sold in the manner following, to wit: First. To the permanent school fund of this state, to an amount sufficient to take up the said certificates of indebtedness now held by said fund issued as herein before set forth. Second. To the permanent school fund of this state, to an amount sufficient to invest whatever funds may be in the treasury of the state on the first day of April, 1877, belonging to said fund and proper to be invested, it being the intention to give preference to the said school fund to invest its moneys in the bonds hereby required to be issued, before the same shall be offered for sale in open market. It shall be the duty of the board of commissioners named in section one of article eight of the constitution, to invest the said moneys in said bonds, as hereinbefore provided. And whatever amount of said bonds shall be purchased by the said school 'fund shall be without premium. Any and all bonds so as aforesaid purchased by the said school fund shall be and remain the property thereof. Third. If any bonds shall then remain unsold, it shall be the duty of the state treasurer to advertise for bids therefor, in one daily newspaper in the city of New York, Omaha and Lincoln, for at least thirty days prior to any sale thereof; all bids shall be sealed and remain unopened until the day of sale as mentioned in the said advertisement. Upon the day of sale the treasurer shall open any and all bids, and in connection with the governor and auditor of public accounts, shall examine the same and award the said bonds or any thereof, to the best and highest bidder therefor, but in no event shall any of said bonds be sold at a discount. Persons or corporations owning any of said warrants or certificates of indebtedness may be bidders therefor; Provided, No bid shall be received for a less sum than one thousand dollars; and in awarding the said bonds. at such sale, the said officers shall take into consideration that fact, and shall give preference to the creditors of the state; Provided, Such bids be of equal advantage to the best interests of the state. Upon the sale of said bonds, if the bid of any person holding any of such warrants or certificates of indebtedness be accepted, the said warrants or certificates shall be received by the treasurer in exchange for said bonds; if such bids be awarded to other persons, cash only shall be received in exchange therefor. Such sale of said bonds with the coupons attached, shall take place at the treasury of the state, on or before the first day of April, 1877, and thereupon it shall be the duty of the said treasurer to pay all of said warrants and certificates, together with interest thereon, as herein provided, out of the sales of said bonds when presented to him for payment Provided, That all interest shall cease on any of said warrants or certificates if not presented for payment on or before the first day of May, 1877. [1877 § 1, 132.į
SECS. 3-7. "An act to provide for funding of all outstanding warrants and other indebtedness of the state." Lawe 1877, 120. Took effect Feb. 14, 1877. Preamble, reciting amounts of indebtedness, omitted.
SEC. 4. [Custody of bonds.]-The treasurer of the state shall be the custodian of all bonds purchased by the permanent school fund as aforesaid. [Id. § 2.] SEC. 5. [Payment of principal and interest.]-The principal and interest accruing on said bonds shall be payable in the currency of the United States, from the sinking fund; the coupons upon payment shall be canceled by the treasurer. [Id. § 3.]
SEC. 6. [Cancellation of warrants.]-Upon the exchange or payment of such warrants and certificates as herein provided, the auditor of public accounts and treasurer shall cancel the same by writing across the face of each warrant and certificate the words "canceled by act of the legislature," giving the date of the approval of this act, and sign their names to such cancelation, and said treasurer shall report to the next regular session of the legislature his doings, under the provisions of this act. [Id. § 4.]
SEC. 7. [Penalty.]-Any person offending against the provisions of this act shall be deemed guilty of a felony, and shall be punished by fine not less [than] $5,000 and not more than $10,000, and by imprisonment in the state prison not less than five years, and not more than ten years, in the discretion of the court pronouncing sentence. [Id. § 5.]
ARTICLE XII.—SUPPLIES FOR STATE INSTITUTIONS.
SECTION 1. [Proposals.]-That all purchases and contracts for supplies for any of the departments and public institutions of the state, where the public exigencies do not require the immediate delivery of the articles, shall be by advertising a sufficient time previously for proposals for supplying the same. [1877 § 1, 199.]
SEC. 2. [Board of suppıy-Proposals.]-At least one month previous to the first day of January, April, July and October, respectively in each year, a board consisting of the governor, commissioner of public lands and buildings, secretary of state, treasurer and attorney general, shall meet with the warden of the state prison, and the superintendent of each of the asylums or other institutions furnished by the state, and determine the supplies that may be necessary for three months, except articles as may be perishable and cannot be kept. Said board shall designate clearly the quantity and quality of the articles, and shall then advertise for ten days in some newspaper published at the capital, having general circulation in the state, before the first day of January, April, July and October respectively, for proposals for furnishing said articles and for each institution separately, to be delivered at the institution within ten days after the first day of the months aforesaid; Provided, That the board may permit the delivery of the goods monthly, if in their judgment it be deemed best. And the bids which propose to furnish the supplies for either institution at the lowest rate, shall be received for such institution; Provided further, That no proposal shall be considered by said board unless the same is accompanied by a bond with such security as the board shall determine, with condition to furnish said articles as proposed in said bid.
SEC. 3. [Other supplies.]—All supplies for such institutions not purchased as provided in this act, shall be purchased in such manner as shall be directed by said board by written instruction.
SEC. 4. [Advertisement.]-The head of each of the executive departments respectively shall advertise for proposals for supplying the departments in accordance with the provisions of this act.
SEC. 5. [Payment.]-All vouchers for supplies, having been examined and approved by said board or the head of the department, as the case may be, shall be approved by the secretary of state, and thereupon the auditor of state shall draw his warrant upon the treasurer for the amount.
ART. XII. "An act to regulate the purchase of supplies for the public institutions, and the executive de-, partments of the state." Laws 1877, 199. Took effect June 1, 1877.
ARTICLE XIII.-MISCELLANEOUS PROVISIONS.
SECTION 1. [Accumulation of funds in excess of $100,000.]— Whenever there shall have accumulated in the hands of the state treasurer moneys of the state to an amount in excess of the sum of one hundred thousand dollars, the state treasurer shall in writing notify the governor and auditor of state of that fact and thereupon within three days after the service of such notice, the governor, auditor, and treasurer shall meet and determine whether such excess is necessary to be retained in the treasury, for the purpose of meeting the current demands thereon; and the record of said notification and the proceedings of said meeting, and of its finding, shall be made and signed by each of such officers, and preserved in the office of the auditor, who shall act as the secretary of such meeting. [1879 § 1, 152.]
SEC. 2. [Investment of excess.]-In case said officers shall find that said excess is not necessary to meet the current demands upon the treasury, the same shall be immediately invested in United States four per cent bonds, by the treasurer, who shall deposit the same in some safe deposit, to be designated by the governor, auditor, and treasurer, in writing, signed by them and made of record in the auditor's office, and there kept until it shall become necessary to convert the same into money, which necessity shall be determined and the record thereof kept in like manner as herein before provided, and a statement of any such investment or sale under oath shall be published within ten days after the same is made, in some newspaper published at the capital, to be designated in writing by the governor. There shall also be published in the same paper, a monthly statement under oath, of the amount of cash balance in the state treasury, and of the amount invested as aforesaid. [Id. § 2.]
SEC. 3. [Penalty.-Any officer charged with the duties hereinbefore mentioned, who shall make or publish any false statement, or swear falsely in respect to any matter or thing, in respect to which a sworn statement is herein required, shall be deemed guilty of perjury, and shall be prosecuted and punished accordingly. [Id. § 3.]
SEC. 4. [Defaulting county treasurers.]-The auditor of public accounts, state treasurer, and attorney general, shall form a board, and as such, are hereby authorized and empowered to make all settlements for moneys due the state of Nebraska from any county treasurer or his bondsmen, against whom judgment has been rendered in any court of this state, in such manner as in their judgment shall be to the best interests of the state. [1877 § 1, 201.]
SEC. 5. [Consent to purchase of land by United States.]-That the consent of the state of Nebraska is hereby granted to the United States of America to purchase such grounds as may be deemed necessary, in the city of Nebraska City, Nebraska, or any other city or incorporated town in the state of Nebraska, for the erection thereon of buildings for the accommodation of the United States circuit and district courts, post-office, land office, mints, or any other government office, and also for the purchase by the United States of such other lands within the state of Nebraska as the agents or authorities of the United States may from time to time select for the erection thereon of forts, magazines, arsenals, and other needful buildings. [1883, § 1, chap. XC.]
SEC. 6. (Jurisdiction ceded.]-The jurisdiction of the state of Nebraska in and over the lands mentioned in the preceding section shall be and the same is hereby ceded to the United States; Provided, That the jurisdiction hereby ceded shall continue no longer than the United States shall own or occupy said lands. [Id. §2.]
SEC. 7. [Concurrent Jurisdiction.]-The said consent is hereby given, and the said jurisdiction ceded upon the express condition that the state of Ne braska shall retain concurrent jurisdiction with the United States in and over the said lands, so far as that all civil process in all cases, and such criminal or other process as may issue under the laws or authority of the state of Nebras