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.]-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.

CHAPTER 81.-SEALS.*

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 volume. See Const. p. 38.

CHAPTER 83.-STATE AND STATE OFFICERS.

ARTICLE I.-GOVERNOR.

SECTION 1. [Powers.]-The governor is hereby constituted the legal custodian of all the property of the state, not specially entrusted to other officers by law, and he is hereby authorized and empowered to take summary possession of such property of the state, without any process of law, and to adopt such measures as he may deem proper to preserve it from injury or deterioration. [1867 § 1, 100.]

SEC. 2. [Report of executive officers.-It shall be the duty of the several officers of the executive department to make a written report to the governor of the state of the public business entrusted to their charge, whenever required by him so to do. [Id. § 2.]

SEC. 3. [Commissions.]-All commissions to civil officers in this state, shall be issued and signed by the governor, and countersigned by the secretary of state, and a record thereof kept in the office of the secretary of state. [Id. § 3.]

SEC. 4. [Thanksgiving day.]-The governor shall by proclamation, set apart one day in each year as a day of solemn and public thanksgiving to Almighty God, for his blessings to us as a state and a nation, and no business shall be transacted on that day at any departments of state. [Id. § 6.]

SEC. 5. [Private secretary.]--The governor shall appoint a private secretary to serve during the continuance of his term of office, who shall receive a salary of fifteen hundred dollars per annum, payable in the same manner as the salaries of state officers. [Id. § 7. Amended 1879, 103.]

SEC. 6. [Insurance on public buildings.]--That the governor be and is hereby authorized and empowered to insure the public buildings and other property belonging to the state, liable to destruction or injury by fire, with some good and responsible insurance company or companies, for the benefit of and in the name of the state. [1869 § 1, 87.]

SEC. 7. [Same.]--That the governor shall deposit the insurance policies, taken out in accordance with the provisions of the foregoing section, with the treasurer of the state, and shall certify to the auditor the amount of the premiums and the date they become due, and the auditor shall draw his warrant upon the treasurer for the respective amounts of said premiums from time to time as they shall be due, in favor of the proper officer or agent of said insurance company or companies. [Id. § 2.]

SEC. 8. [Janitor.]-The governor is hereby authorized and empowered to employ some suitable person as janitor of the capitol building, who shall receive a salary of six hundred dollars per annum, payable quarterly, in like manner as the salaries of state officers, and whose duty shall be to take care of and keep in good order the said capitol building, and the grounds belonging thereto. [Id. § 3.]

ARTICLE II.-SECRETARY OF STATE.

SECTION 1. [Custodian of public records.]-All public acts, laws, and resolutions passed by the legislature of the state shall be carefully deposited in the office of the secretary of state, and the secretary of state is charged with the safe keeping of said office and all laws, acts, resolutions, bonds, papers, and records, which now are or shall hereafter be deposited therein. He shall not permit any original rolls, papers, or public documents filed in his office, to be taken out of it unless called for by a resolution of either or both houses of the legislature, or for the examination by the executive. [1877 § 3, 195.]

SEC. 2. [Legislative documents.]—The secretary of the senate and the SECS. 1-5. "An act prescribing and defining the powers and duties of the governor of the state," [Laws 1867, 100,] except Secs. 4 and 5. which were superseded by Secs. 10, 11, and 13, Art. V. Const. The act took effect June 24, 1867.

SECS. 6-8. "An act to provide for the care of the capitol building and other state property." Laws 1869, 87. G. S. 1047. Took effect Feb. 15, 1869.

ART. II. "An act to define the duties of secretary of state." Laws 1877, 195. Took effect June 1, 1877. Secs. 1-2 of original act repealed 1881, 102, ante p. 75.

clerk of the house of representatives, at the close of each session of the legislature shall deliver to the secretary of state all books, bills, documents, and papers in the possession of either branch of the legislature, correctly labeled, folded, and classified, according to the subject matter of such documents, respectively; and the secretary of state is hereby required to preserve the same in his office. [Id. § 4.] SEC. 3. [Fees of office.]-There shall be paid to the secretary of state the following fees: For a certificate without seal, fifty cents. For each commission' to any officer or other person, except military commissions, one dollar. For copies of exemplification of records, with seal, for each one hundred words, ten (10)' cents. For copies of bills or other papers, with certificate under seal, for each one hundred words, ten cents. For receiving and filing articles of association, corporations or consolidations, bonds, oath of office, each, one dollar. For recording the same, for each one hundred words, ten cents. For issuing each license, one dollar. For taking acknowledgment of a deed, mortgage, power of attorney, or other writing with certificate under seal, fifty cents. For administering oath to an affiant, fifty cents. [Id. § 5.]

SEC. 4. [General duties.]-It shall be the duty of the secretary of state, 1st. To countersign and affix the seal of state to all commissions required by law to be issued by the governor. 2nd. To keep a register of all such commissions, specifying the person to whom granted, the office conferred, the date of signing the commission, and when bond is taken, the date and amount thereof, and the names of the sureties. 3rd. To make and keep proper indexes to the records and all public acts, resolutions, papers, and documents in his office. 4th. To give any person requiring the same, and paying the lawful fees therefor a copy of any laws, act, resolution, record or paper in his office, and attach thereto his certificate under the seal of the state. 5th. To take charge at the close of each session of the legislature of all tables, chairs, desks, and other furniture of the two houses thereof, and not permit the same to be wasted or used for other than public purposes during the recess of the legislature. 6th. To take charge of and keep in repair and replenish the furniture of the state house, except as otherwise provided. 7th. To furnish the legislature and the officers thereof, all necessary fuel and stationery when so directed by resolution of the legislature, or either branch thereof. 8th. To print and supervise the distribution of the laws and journals, and keep an account thereof. 9th. To make out and present to the governor, at least ten days before each regular session of the legislature, a report showing the amount of all fees received by him and paid over to the treasurer, the expenditures of his office, the contracts let by the state for fuel, stationery and printing, and for copying, printing, binding and distributing the laws and journals, and for all other printing ordered by the legislature, and stating particularly the manner in which the same have been fulfilled and such general accounts of the business of his office as may be necessary for the information of the legislature. 10th. In the publication of the laws of this state, or the resolution or journals of the legislature, the secretary of state shall cause to be published in each volume a general certificate to the effect that the same as contained in such volume are true copies of the laws and resolutions of the legislature, as the case may be, on file in his office. 11th. Whenever any bill which shall have passed both houses of the legislature shall be returned by the governor with his objections thereto, and upon a reconsideration shall pass both houses by the constitutional majority, it shall be authenticated as having become a law by a certificate thereon to the following effect, viz: This bill having been returned by the governor, with his objections thereto, and after reconsideration, having passed both houses by the constitutional majority, it has become a law this which being signed by the president of the senate and speaker of the house of representatives, shall be deemed a sufficient authentication thereof, and the bill shall be deposited with the laws in the office of the secretary of state. 12th. Whenever any bill which shall have passed both houses of the legislature, and shall not be returned by the governor or filed with his objections in the office of the secretary of state, as

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required by section fifteen (15) of article five (5), of the constitution, it shall be the duty of the secretary of state to authenticate the same by a certificate thereon to the following effect, as the case may be, viz.: This bill having remained with the governor five (5) days, Sundays excepted, the legislature being in session, the governor having failed to return this bill to the legislature during its session, and having failed to file it in my office with his objections within five (5) days after adjournment of the legislature, it has thereby become a law. Witness my hand, this[Id. § 6.]

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SEC. 5. [Deputy.]-The secretary of state shall have power to appoint a deputy, and when so appointed, the deputy shall do and perform in case of the absence or disability of the secretary of state, all the duties herein authorized and required of the secretary of state, and the secretary of state shall be responsible for all the official acts of his deputy. [Id. § 7.]

SEC. 6. [Same-Salary.-Said deputy shall receive a salary of fifteen hundred (1,500) dollars per annum, to be paid by warrant of the auditor of public accounts on the treasurer, said warrant to be drawn monthly. [Id. § 8.]

SEC. 7. [Administer oaths-Acknowledgments.]-The secretary of the state shall have power to administer oaths and affirmation, acknowledgments, and proof of the execution of deeds, mortgages, power of attorney, and other instruments in writing, to be used or recorded in this state. He shall be allowed such fee as is provided for notary public in such cases made and provided. [Id. § 9.]

ARTICLE III.--AUDITOR OF PUBLIC ACCOUNTS.

SECTION 1. [Residence-Office.]-The auditor shall reside and keep his office at the seat of government. [R. S. § 1, 19. G. S. § 20, 1011.]

SEC. 2. [General accountant of state.]-The auditor is declared to be the general accountant of the state, and the keeper of all public account books, accounts, vouchers, documents, and all papers relating to the accounts and contracts of the state, and its revenue, debt, and fiscal affairs, not required by law to be placed in some other office, or kept by some other officer or person.

SEC. 3. [Report to governor.]-It shall be the duty of the auditor to digest, prepare and report to the governor of the state, at least twenty days before the commencement of each regular session of the legislative assembly: First. A full and detailed statement of the condition of the treasury, and the amount of the expenditures for the last fiscal year. Second. A full and detailed statement of the public debt, showing fully all liabilities and resources of the state. Third. Estimates of the revenue and expenditures for the next succeeding year. Fourth. Such plans as he may deem expedient for the support of public credit, for lessening the public expenses, for using the public money to the best advantage, for promoting frugality and economy in public offices, and generally for the better management and more perfect understanding of the fiscal affairs of the state, and for securing uniformity and efficiency in the levying and collection of taxes, and systematizing the work to be done by officers having duties to perform under the revenue law. Fifth. A tabular statement, showing separately the whole amount of each appropriation of money, made by law, the amount paid under the same, and the balance unexpended. Sixth. A tabular statement, showing separately the amount of money received into the state treasury, from all sources in the preceding fiscal year, the amount received from each county, and for what years paid, the amount of penalties and interest reported collected on delinquent taxes, and the balance due from each county on account of taxes for each year for which such balances may be due. Seventh. A tabular statement, showing the whole number of acres of land and value, total value of town lots, and the whole number and value of each item of taxable property returned by the several assessors or county clerks to the state board of equalization.

ART. III. Chap. IV, R. S. 19. G. S. 1011.