been reached, and to provide for keeping a correct geological record of all strata passed through, and for this purpose they are hereby authorized to employ a competent geologist to keep such record and to pay him therefor out of the saline fund a reasonable compensation, not to exceed one hundred ($100) dollars per month. [Id.] 3988 SEC. 8. [Expenditures.] The board shall from time to time as the work progresses and the money is being expended by them in carrying out the provisions of this act, issue vouchers to the persons entitled to the same, aud the auditor is hereby authorized and directed to draw his warrant on the treasurer against the saline fund of the state for the amount of said voucher; Provided, however, That in cases when work is being done under contract, the board shall, in issuing the voucher, retain twenty per cent. of the estimated amount of labor done under said contract, and only issue a voucher for eighty per cent. of the same, until the whole contract shall have been complied with, and the work shall have been accepted by said board, and after such acceptance the board shall issue a voucher for the whole balance remaining unpaid on said contract. [Id.] 3989 SEC. 9. [Leasing for manufacture.] The said board are hereby authorized and directed to enter into such contract or contracts and lease or leases on the part of the state with persons or corporations who have complied with the conditions contained in section 4, in reference to the manufacture of one hundred barrels of salt per day for thirty consecutive days, for the manufacture of the brine which flows on the big salt basin, or which may be pumped thereon, into salt, as will best secure the manufacture of salt on the largest scale and insure the permanent develepment of the saline interests of the state of Nebraska, and for this purpose the said board are authorized to lease to the persons or corporations entering into contracts with the state for the manufacture of salt any and all saline lands owned by the state and lying contiguous or near to and including the big salt basin, for the purpose of allowing said lessees and contractors to erect on said lands, buildings, vats, reservoirs, aqueducts, arches, fixtures, and machinery necessary or convenient to have in the manufacture of salt. All of said contracts for the manufacture of salt from said brine and the leases on said lands for the erection of fixtures for the manufacture of the same shall expire on the first day of January, A. D. 1920, and each of said contracts shall contain the following conditions and stipulations: First-That the said lessees and parties entering into contracts with the state shall pay into the saline fund of the state of Nebraska, in consideration of the privilege of manufacturing salt from the brine which flows or may be pumped on the big salt basin, one cent a bushel of seventy pounds on all salt manufactured during the continuance of such contract or lease. Second-That the said contractors or lessees shall commence the manufacture of salt within such time as shall, in the opinion of the board, be consistent with the equitable rights of the contractors and the best interests of the state. Third-The contractors and lessees, their heirs and assigns, at the expiration of said contracts and leases, shall at their option, surrender up the demised premises and remove therefrom all buildings, vats, arches, machinery, fixtures, and property of every kind belonging to them or demand in writing a renewal of their contracts and leases of said board, and the state shall at its option either renew said contracts and leases, or take possession of all such buildings, vats, arches, machinery, fixtures, and property and pay to the contractors and lessees, their heirs and assigns, a just compensation therefor, the value to be determined by disinterested appraisement, the appraisers thereof to be appointed by the said board of public lands and buildings. Fourth-Each person, or if a firm or association or some member thereof, or if a corporation, the secretary thereof shall make a return under oath to the commissioner of public lands and buildings on the first day of August and December of each and every year during the continuance of the lease or contract, in such form as he may prescribe, the amount of salt manufactured by each person, firm, association, or corporation, not previously reported, and pay the rent or royalty hereinbefore provided for, and a failure on the part of the contractors or lessees to make such report and pay the rent or royalty aforesaid for the space of ninety days after the report should have been made or the royalty paid, shall forfeit said lease or contract. [Id.] 3990 SEC. 10. [Repairs.] It shall be the duty of the board of public lands and buildings to see that all dykes and ditches and other property belonging to the state and used in and about the manufacture of salt, as in this act contemplated, are kept in good repair, and the commissioner of public lands and buildings is hereby authorized to enter into all necessary contracts for that purpose. The expense of said repairs shall be paid out of the saline funds, and as nearly as may be in the manner prescribed by section 8 of this act. [Id.] 3991 SEC. 11. [Appropriation.] That the sum of fifty thousand dollars, or as much thereof as is necessary, is hereby appropriated out of the saline fund of the state for the purpose of carrying into effect the provisions of this act, and the auditor is hereby authorized and directed to draw his warrant on said fund for that purpose. LEASING SALINE LANDS. 3992 SEC. 12. [Leasing.] That the board of public lands and buildings shall cause all the saline lands of which the title is now vested in the state "except that leased to the Nebraska Stock Yards Association," be offered for lease; Provided, That the lands now leased to the Nebraska Stock Yards Association shall, upon the termination of said lease or leases, be subject to all the conditions of this act. [1889, § 1, chap. 94.] 3993 SEC. 13. [Abstracts.] The commissioner of public lands and buildings shall cause suitable abstracts to be made showing the section, town, and range, and appraised value. [Id., § 2.] 3994 SEC. 14. [Same-Appraisement.] When the abstracts are made as shown in section 2, the commissioner of public lands and buildings shall cause a copy of said abstracts to be sent to the county commissioners of the county in which the land is situated, and shall instruct them to appraise the said lands at their true value for leasing, and separately appraise any and all improvements thereon, and make returns of the same to him, under oath; Provided, That the lands shall be appraised in forty-acre tracts or government subdivisions. [Id., § 3.] 3995 SEC. 15. [Notice.] After the said appraisement shall have been made and returned as provided in section three, the commissioner of public lands and buildings shall cause notice to be given for 30 days in two newspapers of general circulation in the county, that the lands will be offered for lease at public bidding, stating the day and hour of the commencement of such public offering, and he shall continue from day to day until all of the said lands have been offered; Provided, That persons bidding off lands do not enter into lease for the same immediately, they will be again offered for lease before the public offering is closed. [Id., § 4.] 3996 SEC. 16. [Terms of lease.] All leases shall be made at a rental of per cent on the appraised value, payable annually in advance, and in addition thereto the lessee shall pay the appraised value of the improvements on said land, which amount shall be immediately paid to the owner or owners of said improvements. Applications for the lease of any such lands not leased at public offering may be made at any time to the commissioner of public lands and buildings; Provided, That if there be two or more persons wishing to lease the same land, the said commissioner shall auction off and lease the land to the person who, in addition to six SECS. 12-18. "An act to provide for the sale and leasing of the saline lands belonging to the state of Nebraska." Took effect July 1, 1889. Laws, 1889, chap. 94. the six per cent rental, will pay the highest cash bonus for the lease. Each lease shall contain a covenant or contract that the land contained in such lease may be appraised every five years, also that at the expiration of twenty (20) years the lessee shall deliver up to the state the said lands; Provided, That any lessee of said saline lands may apply in writing to the chairman of the board of county commissioners or supervisors, as the case may be, to have the lands embraced in said lease or any part thereof appraised for the purpose of sale, and when so appraised, said saline lands embraced in such application shall become subject to all the provisions governing the sale of educational lands belonging to the state as provided in section 1 of an act entitled "An act to amend section fifteen (15) of article one (1) of chapter eighty (80) of the consolidated statutes of 1887, entitled school lands and funds, approved March 28, 1891, being section 3830 of the consolidated statutes of Nebraska of 1891. [Sec. 15, ch. 80.] [Amended 1893, chap. 22, § 1.] 3997 SEC. 17. [Investment of fund.] The board of public lands and buildings shall place all moneys accruing from the operation of this act in the permanent school fund of this state, subject to the same acts governing the said permanent school fund. [Amended 1893. Id., § 2.] 3998 SEC. 18. [Forfeiture.] If the lessee defaults in the payment of his interest or rental for more than one year, the commissioner of public lands and buildings may cause notice to be given and forfeiture ensue as provided in section 16, chapter 80, compiled statutes of 1887, and when so forfeited it shall again be offered for lease, after having again been advertised as provided in section four of this act. [Id., § 7.] ARTICLE III.-MISCELLANEOUS. 3999 SECTION 1. [Purchase by school districts.] The school district in which there be state land, school land, land of the school fund or otherwise, is 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, and at the appraised value, which appraisement shall be made by the county treasurer and as many as two of the school officers of such school district, without compensation. [1885, chap. 84.] 4000 SEC. 2. [Purchase by churches and cemetery associations.] That any church or cemetery aociation or corporation having control of a cemetery in a school district where there be such land referred to in the first section of this act, such church association or corporation may purchase from the state any portion of said lands, not exceeding ten acres, for church or cemetery purposes, at the арpraised value. Such appraisement may be as provided for in sales of school lands to individuals; Provided, That when such land hath been previously the land required may be purchased at the former appraisement, but not lower than seven dollars per acre. 4001 SEC. 3. [Same.] That in the event of there being a school house, cemetery, or church building being located upon school land or any land of the state which has been or may hereafter be sold to any individual, corporation, or parties, such school district, church, or association, with the written consent of the purchaser or occupant, may purchase land for the purposes specified and obtain a deed from the state at the price of the purchaser, assignee, or occupant is to pay. The sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay. 4002 SEC. 4. [Sales for cash.] Sales of land made for the special purpose herein contemplated shall be for cash, and if there be buildings on such land belonging to the state, such buildings are to be appraised and sold separate. ART. III. "An act to enable school districts, churches, and cemeteries to purchase land from the state." Took effect June 5, 1885. CHAPTER 70.-PUBLIC BUILDINGS. 4003 SECTION 1. [Doors to open outward.] That all public buildings now in process of construction, or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement, instruction, or other purpose, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that they shall open outward, and that all means of egress for the public from the main hall or principal room and from the building, shall be by means of doors which shall open outward from the main hall or building. [1877, § 1, 117.] 4004 SEC. 2. [Doors opening outward, changed.] That all public buildings now built and used for any of the purposes mentioned in section one of this act, shall within one year from the first day of July, A. D., 1877, be so changed that their doors and means of egress shall be in conformity with the provisions of this act; Provided, That the provisions of this section shall not apply to churches and school houses already erected in rural districts. 4005 SEC. 3. [Violation of act-Penalty.] That any person or persons who shall fail or refuse to comply with the provisions of this act, shall be fined in any sum not less than one hundred dollars, nor more than one thousand dollars. 4006 SEC. 4. [Same-Buildings closed.] That in all cities and towns having a population of one thousand inhabitants and upwards, the mayor of said town or city shall be, and he is hereby authorized, to close and prohibit all public buildings from being used for any of the purposes mentioned in section one of this act, until the provisions of this act shall be complied with. CHAP. 70. "An act to regulate the means of egress from public buildings." Passed and took effect June 1, 1877. CHAPTER 71.-QUO WARRANTO AND MANDAMUS. 4007 SECTION 1. [Quo warranto by private person.] When any citizen of this state shall claim any office which is usurped, invaded, or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecute said information to final judgment; Provided, He shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same. [R. S., 279. G. S., 871.] 4008 SEC. 2. [Mandamus by private person.] Any private person may, on his own relation, sue out writs of mandamus without application to the prosecuting attorney. 4009 SEC. 3. [Costs.] Persons suing out either of the writs under the provisions of this chapter shall be liable to costs as in civil cases. 4010 SEC. 4. [Supreme court.] Proceedings in the supreme court in applications for mandamus shall be regulated by chapter 3 of title 18 of the code of civil procedure, in applications by quo warranto by title 23 of said code, and in applications for habeas corpus by chapter 25 of the criminal code; and all other provisions of law relating to those remedies shall be applicable to said proceedings when had in the said court exercising its original jurisdiction. [1867, § 1, 47.] 4011 SEC. 5. [District court.] The several district courts shall have and exercise concurrent jurisdiction with the supreme court in the several kinds of action enumerated in the first section of this act, and the mode of proceeding and the prac tice relating thereto shall be the same as that obtaining in the supreme court under the provisions of this act and as now provided by law. [Id., § 2.] CHAP. 71. Chap. XLII, R. S., 279, Chap. 60, G. S., 871. SEC. 1. The courts are not deprived of jurisdiction in cases of quo warranto or mandamus by the provisions of the election law on contested elections. 4 Neb., 514. 11 Id., 106. An information filed by consent of the dis trict attorney, but not officially signed by him, held, no error. 4 Neb., 512. An officer required to give an additional bond would not be excluded from performance of his duties because he had neglected to do so, until a demand first made in that behalf. 1 Neb., 202. See note to sec, 645, civil code. Jurisdiction in quo warranto. 13 Neb. 529. Attorney general proper officer to commence proceedings in supreme court. 15 Neb., 444. In a proceeding against a corporation to forfeit its franchise and oust it from the same for misuser and non-user thereof, the cor poration is the only necessary party defendant. 24 Neb., 156. Relator must show right to office. 29 Neb., 198, Provisions of election law cumulative. 28 Neb., 438. Quo warranto v. Governor. 31 Id.. 682. Relator holding. over, abandons action when he does the office. 34 Id.. 435. See also 52 Id., 634. Difference where private person or attorney general is relator. 52 Id, 634. History of action. Jury not of right. 56 Id., 1. Suit does not abate by expiration of term of lucrative office. 56 Id., 301. SEC. 2. Mandamus v. Governor, 31 Id., 82; v. Speaker, Id., 169. Not proper proceeding to try title to office. 55 Id.. 691. SEC. 4. See secs, 615-656, code. Proceedings in supreme court are regulated by rules, which see. Writ may be served in any county. 28 Neb., 438. SECS. 4, 5. "An act to regulate the prosecution of cases of original jurisdiction in the supreme court." Laws, 1867, 47. G. S., 254. Took effect June 10, 1867. The reference to chap. 25, criminal code, refers to criminal code of 1866, since repealed. But see secs. 353-376 of criminal code now in force, post. SEC. 5. See note to sec. 57, chap. 19. Issues should be tried as in civil action. Title to office cannot be tried by mandamus. Certificate of appointment may be inquired into. 36 Id., 401. Where private rights and liabilities only are involved, mandamus should be instituted in district court. 38 Id., 33, 238. Exception to rule. 38 Id., 510. |