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to be paid by the county treasurer in the order in which they appear upon his warrant register.

levy and tax.

SEC. 2. In case the five mill levy herein before men- Additional tioned in section one of this act shall not be sufficient to pay the entire amount of outstanding road fund warrants, the county commissioners in such counties where a deficiency exists shall annually thereafter make other levies for this purpose, not exceeding five mills on the dollar in any one year, until all the outstanding road fund warrants before mentioned shall have been paid.

SEC. 3. All moneys derived from the collection of Disposition of taxes under this levy remaining in the hands of the any surplus. county treasurer after all the road fund warrants shall have been paid, shall be transferred to the general fund of said county.

Approved, February 25, A.D. 1879.

AN ACT

To prevent damage by certain domestic animals, during the night time, in the state of Nebraska, in organized counties in the state where no herd law is in force.

Be it enacted by the Legislature of the State of Nebraska:

run at large

time.

SECTION 1. No cattle, horses, mules, swine, or sheep, Cattle not to shall run at large during the night time, between suu- during night set and sunrise, in the state of Nebraska, and the owner or owners of any such animal shall be liable in an action for damages done during such night time.

assessed and

SEC. 2. Damages shall be assessed and collected by Damages, how notice given to owners, and arbitrators chosen, stock collected. sold, judgment awarded; and in case of estrays, as

1875, 186.

Gen. Stat. 84. provided in section 40, 41, 42, 43, 44, 45 and 46, of chapter two, general statutes, entitled "Agriculture."

Approved, February 26, A.D. 1879.

Contract extended.

Cells to be built.

AN ACT

Extending the contract for the leasing of the penitentiary, penitentiary grounds, and convict labor to W. H. B. Stout, upon certain conditions.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That the contract leasing to W. H. B. Stout, the penitentiary, penitentiary grounds, and convict labor, executed the 22d day of September, 1877, be and the same is hereby extended for the period of six years from the first day of October, 1883; Provided, the said Stout shall build and erect in a good and substantial manner, at his own expense, for the use of the state, and turn the same over to the state, free of charge, October 1, 1886, two hundred and forty stone cells, eighty of which cells shall be completed within nine months from the time this act shall take effect, and the remainder of said two hundred and forty cells shall be completed by the first day of October, 1883; all of said cells to be built of good natural stone, and similar to and equal in quality to those now in use in said peniCompensation tentiary; and, provided, the said Stout shall only re

ceive forty-five cents in cash, or its equivalent, per day for each convict for the first three years, of said extended lease, viz: from the first day of October, 1883, to the first day of October, 1886, and forty cents per day for each convict, in cash or its equivalent, for the second

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three years of said extended lease, viz: from October 1st, 1886, to October 1st, 1889; and, provided, that after the first day of January, 1880, there shall be provided for each and every Nebraska prisoner one cell: and, provided further, that after January 1st, 1884, No foreign conthere shall only be kept at said penitentiary Nebraska 1, 1884. prisoners.

SEC. 2. All acts or parts of acts inconsistent with

the provisions of this act are hereby repealed.

victs after Jan.

SEC. 3. This act shall take effect and be in force from To take effect. and after the period now prescribed by law. Approved, February 26, A.D. 1879.

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To authorize any school district in any city of the first class to issue bonds in certain cases.

Be it enacted by the Legislature of the State of Nebraska :

tricts in cities

may issue

SECTION 1. That any school district in any city of school dis-. the first class in this state be and is hereby authorized of first class and empowered to issue its coupon bonds of such de- bonds, when. nominations as the board of education of such school district may deem best, and in an amount equal to the amount outstanding and unpaid of bonds bearing interest at the rate of ten per cent per annum, heretofore issued for the purpose of erecting a high school build

Conditions and description of bonds.

Disposition and

ing, by such school district, or by any school organization or board of regents which shall have been superseded by such school district.

SEO. 2. Any bonds issued under the provisions of this act shall be for the payment, by the school district issuing the same, of the sum specified therein, made payable in the city of New York, in not more than twenty years, nor less than five years from the time they are issued, with interest at a rate not exceeding seven per cent per annum, payable semi-annually; said bonds and coupons shall be required [signed] by the president of the board of education and countersigned by its secretary: Provided, that such bonds may be made redeemable at any time after five years, at the option of the board of education.

SEO. 3. It shall be the duty of the board of education avalls of bonds. of any school district issuing bonds under the provisions of this act, to negotiate such bonds, but for not less than the par value thereof, and all the proceeds arising from the sale thereof shall be paid to the treasurer of the board of education, and shall be applied solely to the redemption and purchase of the bonds heretofore issued by such school district, or school organization superseded by it, for the purpose of erecting a high school building, and bearing interest at the rate of ten per cent per annum. Provided, that none of the said bonds heretofore issued shall be redeemed or purchased for more than the face value thereof.

How issued and paid.

SEC. 4. The bonds issued under the provisions of this act shall not require a vote of the people to authorize their issue, and they shall be paid, and taxes shall be levied and collected for their payment in the same manner as is now provided by law for the payment of bonds heretofore issued by such school districts.

To take effect.

SEC. 5.

There being an emergency for the taking

effect of this act, this act shall take effect and be in force from and after its passage.

Approved February 26th, A.D. 1879.

AN ACT

To authorize the lessee of the state penitentiary and grounds to receive and retain the custody of prisoners sentenced to confinement by the courts of the United States and of Territories of the United States.

Be it enacted by the Legislature of the State of Nebraska:

tentiary may

convicts.

SECTION 1. That the lessee of the penitentiary and Lessee of peniconvict labor of this state be, and is hereby authorized receive foreign to receive into the penitentiary and grounds, and to retain into custody under the discipline and government of the officers of said penitentiary, persons convicted of crimes and sentenced to confinement by the courts of the United States, and of any of the Territories of the United States; Provided, that the reception and custody of such convicts shall not interfere in any manner with the comfort or safe keeping of any person sentenced to confinement in said penitentiary by the courts of this state; Provided further, that no such prisoners shall be when privilege received or retained in said penitentiary after January 1st, 1884, nor shall the state of Nebraska be liable in any manner on account of the receiving or retaining of any such prisoners.

SEC. 2. All acts and parts of acts inconsistent with this act be and the same are hereby repealed.

Approved, February 26, A.D. 1879.

expires.

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