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the treasurer in two accounts: First. That derived from the proceeds of the sale of lands donated to the state by the United States, "to establish and endow a state university," under the act of Congress, of April 19, 1864, in one account; and, Secondly, that derived from the proceeds of the sales of lands donated to the state by the United States, to provide colleges for the benefit of agriculture and the mechanic arts, in an act of Congress, approved July 2, 1862, in another account. To the funds received from these two sources, there shall be added to the first, two-thirds, and to the second, one-third of the proceeds of all lands, or of all moneys, acquired by donation or bequest, where other objects are not stated. All moneys received in any manner as part of the endowment fund shall be invested as fast as five hundred dollars shall accumulate, in such United States, or guaranteed state stocks, or registered county bonds, as will pay not less than seven per cent. annually; and the principal of such investments shall never be appropriated by the legislature, nor used by the regents, for any purpose whatever. The regents fund shall consist of the proceeds of the investment of the endowment fund, of the proceeds of the annual rental of university and agricultural college lands leased, of the matriculation and other fees paid by students, and a tax of three-eighths of one mill on the dollar valuation on the grand assessment roll of the state, which shall be levied in the year of 1877, and annually thereafter. The treasurer shall keep the fund in three accounts, to wit: The university account, the industrial college account, a general account. The first and second shall be exclusively for the payment of salaries in the various colleges, and the third account shall be for appropriations in the discretion of the regents (except as may be specifically provided for by law), for any purpose directly connected with the university. All moneys accruing to the regents fund are hereby appropriated to the use of the state university, to be disbursed according to the provisions of law. [Id. § 21. Amended 1877, 57.]
SEC. 20. [Same-Treasurer.]-The treasurer of the state shall be the custodian of the principal of the endowment fund of the university, and shall, with the advice of the governor and auditor, make the investments thereof as provided in section twenty-one of the act to which this is supplementary. He shall pay over monthly to the treasurer of the university, all moneys of the university derived from interest, state university tax, or other sources, which by the preceding section are made applicable to the regents fund, and take his receipt therefor. The regents shall, from the moneys carried to the general account of the regents fund, provide necessary furniture for the university building, and all apparatus and text books, and make an annual appropriation for books for a general library. The treasurer of the university shall pay out no moneys except upon a warrant drawn upon the secretary and countersigned by the president of the board of regents, and all warrants so drawn shall distinctly specify the object for which payment is thereby made, and the date of the resolution or order of the board of regents authorizing the draft; and the secretary shall keep a full record of all warrants drawn on the treasury of the university, and shall lay before every meeting of the board of regents, a detailed statement of all such warrants drawn subsequent to the preceding session of the board; Provided, No moneys belonging to the regents fund shall be applied in the construction of the university building; Provided, further, That no money arising from the endowment fund, shall be diverted from the purpose for which it was intended by act of congress granting the same. [Id. § 22. Amended 1870, 13.]
SEC. 21. [Board of regents-Meetings Compensation.]-The regents shall meet at least twice in each year at the university building. They shall receive for their services no compensation, but they may be reimbursed their actual expenses incurred in the performance of their official duties. [Id. § 23. Amended 1877, 58.]
SEC. 22. [Buildings-Plans.]-No superstructural work upon any building for the university shall be commenced, until the designs and plans therefor shall
*SEC. 18 this chapter. Treasurer of university abolished, see secs. 24, 25.
have been submitted to the board of regents, by the commissioners for public buildings, and the architect thereof shall be required, before allowing any such superstructure to be erected, to make such alterations in the plans and specifications as may be directed by a majority of the regents. [Id. § 24.]
SEC. 23. [Powers-Chancellor Professors.]-The regents shall have power to enact laws for the government of the university; to elect a chancellor and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix the compensation. They shall have power to remove the chancellor, and any professor or tutor, when the interests of the university shall require it. [1875 § 2, 154.]
SEC. 24. [Treasurer.]-The office of treasurer of the university is hereby abolished, and the state treasurer is made custodian of the funds, to whom the present treasurer of the university shall turn over, within sixty days, all moneys, securities, books and papers pertaining to that office. [Id. § 3.]
SEC. 25. [Disbursements.]-Disbursements from the university fund shall be made by the state treasurer, upon warrants drawn by the auditor, who shall issue warrants upon certificates issued by the board of regents, signed by the secretary and president. All money accruing to the university fund is hereby appropriated to the use of the state university. [Id. § 4.].
SEC. 26. [Matriculation fees-Library fund.]-All matriculation fees received from students for admission to any college in the university, including the amount now in the hands of the board of regents, or in the hands of the state treasurer, and what may hereafter be received, shall be paid into the state treasury, and shall be held as an "university library fund," and the board of regents shall, from time to time, appropriate the same for the purchase of books for the university library. [1881 § 1, chap. 81.]
SECTION 1. Take effect, when.]-That every act passed by the legislature which contains no provisions as to the time when it takes effect, shall take effect and become a law from and after the first of next June. [G. S. 1056.]
SEC. 2. [Repealed-Effect on actions.]-Whenever a statute shall be repealed, such repeal shall in no manner affecs pending actions founded thereon, nor causes of action not in suit that accrued prior to any such repeal, except as may be provided in such repealing statute.
SEC. 3. [Repealed-Revivor of former laws.]-Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.
CHAPTER 89.-SWAMP LANDS.†
ARTICLE I.--DRAINAGE BY COUNTY AUTHORITIES.
SECTION 1. [Power of county board over ditches.]-The board of commissioners of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered or deepened, any ditch, drain or water course, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road or railroad, and will be conducive to the public health, convenience or welfare. [1881 § 1, chap. 51.]
SEC. 2. "Ditch" defined-Outlet.
The word "ditch," as used in the act, shall be held to include a drain or water course. The petition for any such im
SECS. 23-5. "An act providing for the more efficient government of the state university and for the disposi tion of funds belonging thereto " Laws 1875, 154. Took effect Feb. 23, 1875. Sec. 1 of this act superseded by Sec. 10, Art. VIII. Const. and Sec. 3 this chapter. See 5 Neb 428. 9 Id. 470.
SEC. 26. "An act to appropriate the matriculation fees of the university of Nebraska for the use and support of its library." Approved Mar. 3. Took effect June 3 1881.
*NOTE. "An act concerning the enacting and repealing of statutes." Chap. 79, G. S. 1056. Took effect Feb. 21.1873. ee 7 Neb. 125 8 Id. 148. ART. I. "An act to provide for draining marsh or swamp lands in the state of Nebraska. Approved Feb 28. Took effect June 1, 1881.
provement shall be held to include any side lateral spur or branch ditch, drain or water course necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided.
SEC. 3. [Public road or railroad improved. When the proposed improvement will drain the whole, or any part of any public or corporate road or railroad, or will so benefit any such road that the traveled track or road bed thereof will be improved by its construction, there shall be apportioned to the county, if the road is a state or county road, or to the corporation, if a corporate road or railroad, a proper share of the costs and expenses thereof, as hereinafter provided.
SEC. 4. [Petition -Bond.]-A petition for any such improvement shall be made to the board of commissioners of the county, signed by one or more owners of lots or lands which will be benefited thereby, which said petition shall be filed with the county clerk, and shall set forth the necessity of the proposed improvement, and describe the route and termini thereof with reasonable certainty, and shall be accompanied by a good and sufficient bond signed by two or more sureties, to be approved by the county clerk conditioned for the payment of all costs that may occur in case said board of county commissioners find against such improvement.
SEC. 5., [Survey-Determination.]-The county clerk shall deliver a copy of said petition to the board of county commissioners, at their next meeting, who shall thereupon take to their assistance a competent surveyor or engineer, if in their opinion his services are necessary, and at once proceed to view the line of the proposed improvement, and determine by actual view of the premises along and in the vicinity thereof, whether the improvement is necessary, or will be conducive to the public health, convenience, or welfare, and whether the line described is the best route, and they shall report their finding in writing, and order the clerk to enter the same on their journal.
SEC. 6. [Route changed.]-If the commissioners, upon actual view, find that the route proposed is not such as to best effect the object sought, they shall change the same and establish the route and determine the dimensions of the proposed improvements; Provided, Any change so made shall not in any case exceed one hundred and sixty rods from the route described in the petition.
SEC. 7. [Surveyor-Plat-Estimate Report.]-If the board of commissioners find for the improvement they shall cause to be entered on their journal an order directing the county surveyor, or an engineer, to go upon the line described in said petition or as changed by them in accordance with section six, and survey and level the same and set å stake at every hundred feet, numbering down stream; note the intersection of section lines, road crossings, boundary lines, precinct and county lines and make a report, profile, and plat of the same, and estimate the number of cubic yards for each working section as hereinafter provided.
SEC. 8. [Schedule of lands benefited-Estimate of construction.]-The commissioners shall also by their order direct the surveyor or engineer to make and return a schedule of all lots, lands, public or corporate roads or railroads that will be benefited by the proposed improvement, whether the same are abutting upon the line of the proposed improvement or not, and an apportionment of a number of lineal feet and cubic yards to each lot, tract of land, road or railroad, according to the benefits which will result to each from the improvement, and an estimate of the cost of location and construction to each, and a specification of the manner in which the improvement shall be made and completed.
SEC. 9. [Plat and report--Contents.]-The plat provided for in section seven shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvement, and shall show the boundary lines of each lot, or tract of land, and of each road or railroad to be benefited thereby, the name of the owner of each lot or tract of land as it then appears on the tax duplicate,
the authority or company having in charge or controlling each public or corporate road or railroad, the distance in feet through each tractor parcel of land and such other matters as the surveyor or engineer deems material. The profile shall show the surface, the grade line, and the gradient fixed, and the surveyor or engineer shall file his report with the county clerk within thirty days after making the survey and level.
SEC. 10. [Notice of hearing.]-Upon the filing of the report of a surveyor or engineer, the county clerk shall, without delay, fix a day for the hearing of the same, which shall not be more than forty days from the time of the filing of said report and shall prepare a notice in writing, directed to the resident lot or land owners, and to the authorities or municipal or private corporations affected by the improvement, setting forth the pendency, substance, and prayer of said petition, together with a tabular statement of the apportionment as made by the surveyor or engineer in his report, and shall deliver the same to the sheriff, who shall serve a copy of the same upon each resident lot or land owner, and each member of such public board or authority, and upon an officer or agent of such private corporation, at least ten days before the time fixed for said hearing; Provided, Said copies need contain only so much of the original notice as affects the interests of the person so served; and the county clerk shall in like manner notify each nonresident lot or land owner, or by publication in a newspaper printed, and of general circulation in the county, for at least three consecutive weeks before the day set for the hearing, which said notice shall be verified in the manner now provided by law for the verification of notices by publication.
SEC. 11. [Hearing.]-The county commissioners shall meet at the office of the county clerk on the day fixed for the hearing, and shall first determine whether the requisite notice has been given. If they find that due notice has not been given, they shall continue the hearing to a day to be fixed by them, and order the notices to be served as hereinbefore provided, and when they find that due notice has been given, they shall examine the report of the surveyor or engineer, and the apportionment made by him, and if it is in all respects fair and just, according to benefits, they shall approve and confirm the same; but if they find said apportionment to be unfair or unjust, they shall so order and so amend it as to make it fair and just according to benefits.
SEC. 12. [Application for compensation.]-At any time before the day set for hearing, after persons are notified as provided in section eleven, any person or corporation, whose lands are taken or affected in any way by the improvement, may make application to the commissioners in writing for compensation and damages, and a failure to make such application shall be held as a waiver of all right thereto.
SEC. 13. [Allowance of compensation.]-The commissioners on actual view of the premises, shall fix and allow such compensation for land appropriated, and assess such damages as will in their judgment accrue from the construction of the improvement to each person or corporation making application as provided in section twelve, and without such application, to each idiot, insane person, or minor owning lands taken or affected by such improvement.
SEC. 14. [Exceptions Hearing.]--A person or corporation party to the proceedings, may file exceptions to the apportionment, or to any claim for compensation or damages at any time before the time set for the final hearing of the report and apportionment. The commissioners may hear testimony and examine witnesses upon all questions made by the exceptions, and for that purpose may compel the attendance of witnesses by subpoena, which the county clerk shall issue on demand, and their decisions on the exceptions shall be entered on their journal, and if they sustain the exceptions the cost of the hearing thereon shall be paid out of the county treasury, and if they overrule the same such costs shall be paid by the person or corporation filing the same.
SEC. 15. [Appeal from decision. Any person or corporation feeling aggrieved thereby, may appeal to the district court within and for the proper
county from any final order or judgment of the commissioners made in the proceedings and entered upon their journal determining either of the following matters, to wit: First. Whether said ditch will be conducive to the public health, convenience or welfare. Second. Whether the route thereof is practicable. Third. The compensation for land appropriated. Fourth. The damage claimed to property affected by the improvement, which appeal may be taken and prosecuted in the manner provided by law for appeals from the decision of the county board on claims against the county.
SEC. 16. [Effect of appeal on work-Bond.]-No appeal taken in pur suance of the provisions of section fifteen shall in any manner affect the progress of the construction of the proposed improvement; Provided, The petitioners shall enter into a good and sufficient bond to be approved by the said district court as [or] by the judge thereof at chambers, and filed with the clerk of said court, conditioned for the payment of all damages and costs that the appellant may sustain on the trial of said appeal.
SEC. 17. [Transcript on appeal.]-The clerk of the district court, immediately after the close of the term at which the appeal is tried, as provided for in the preceding section, shall certify to the board of county commissioners a full and complete transcript of the proceedings had upon such appeal in said district court, and the commissioners shall make such entry on their journals as may be necessary to give effect to the judgment of the district court.
SEC. 18. [Bids for after the transcript mentioned in the preceding section is returned to the county clerk, or immediately upon the filing of the bond mentioned in section sixteen, or in case there is no appeal as hereinbefore provided, then immediately after the hearing of the report mentioned in section eleven, the commissioners shall proceed to advertise for sealed bids for the construction of said ditch in working sections not less in extent than the number of lineal feet apportioned to each lot or tract of land, public or corporate road or railroad, and shall fix a time when said bids will be opened, giving not less than twenty days notice thereof, and they shall attend at the time and place of opening the bids, and shall let the contract or contracts to the lowest responsible bidder, and shall take good and sufficient security for the faithful performance of such contract or contracts, and they shall fix the time for the completion of each contract, not exceeding in any case one hundred and fifty days from the time of entering into the same, and no bid shall be entertained which exceeds the estimated cost of construction of the working section or sections upon which the bid is made.
SEC. 19. [The supervision of work-Payment.]—The work shall be done under the supervision of the surveyor or engineer appointed by the commissioners, and when a part not less than one-fourth of the portion included in any contract is completed according to the specifications, he shall give the contractor a certificate thereof, showing the proportional amount which the contractor is entitled to be paid according to the terms of the contract, and the county clerk shall, upon presentation of such certificate, draw his warrant upon the treasurer for seventyfive per cent. of said amount, and the treasurer will pay the same out of any funds in the treasury applicable to such purposes; Provided, That no proportional amounts shall be certified or paid unless the whole of such contract exceeds two thousand lineal feet.
SEC. 20. [Incompleted contracts re-let.]-Any contract not completed within the time specified, shall be re-estimated and re-let to the lowest responsible bidder, but not for a sum greater than the estimate, nor a second time to the same party; Provided, The board of commissioners may, for a good cause, extend the time of any contractor not to exceed two years. [Amended 1885, chap. 94.]
SEC. 21. [Assessment for cost and compensation.]-When the working sections are let, as hereinbefore provided, and the cost and expenses of location and construction, and all compensation and damages are ascertained, the commissioners shall meet and determine at what time and in what number of as