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the contract on which the default is made shall be awarded to the next lowest or responsible bidder or theboard may readvertise for bids, if, in the opinion of a majority of the board, it shall be for the best interests of the state, and the defaulting party shall pay to the state all damages which it may sustain by reason of such defaulting party having failed to execute the bond and perform the contract.

work.

SEC. 7. The contract shall provide for the Estimates of completion of said building by the first day of January, 1886. During the progress of the construction of said building the superintendent shall make out and file with the board his estimates of the work done and materials furnished by the contractor or contractors, and the board shall, after an examination of such estimate certify to the auditor the amount due the contractor or contractors. Upon such certificate being presented to the auditor he shall draw his warrant on the general fund for eighty per cent of the amount certified to by the board in favor of the contractor specified, and when each contract is completed, and the final estimate made, the board shall certify the fact to the auditor, who shall then draw his warrant for the balance due on the contract. Provided that the whole amount paid out under the provisions of this act shall not exceed in the aggregate the sum of twenty-five thousand ($25,000) dollars; and provided further, that each person or firm to whom any such payment may be made shall accept the same as payment in full of any and all contracts made

Payment of warrants.

Emergency clause.

or liabilities incurred by, or in behalf of the state, under any of the provisions of this act, and shall execute a release in writing of all claims against the state on account of any and all services rendered, or material furnished, on account of said building, or under the provisions of this act.

SEC. 8. It shall be the duty of the treasurer to pay said warrants when presented whenever there are sufficient funds in his hands belonging to the university fund.

SEC. 9. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage.

Approved, March 7th, A. D. 1885.

CHAPTER 91.

Appraise Saline lands.

An Act to provide for the sale and leasing of the saline lands and the development of the saline interests of the state of Nebraska.

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

SECTION 1. That the board of public lands and buildings of the state of Nebraska are hereby directed to adopt such measures within sixty days after this act has become a law as will authorize and require the commissioners of public lands and buildings to make careful appraisement of all the saline lands owned by the state on the first day of March, 1885, and separately

appraise any and all improvements thereon, except that portion of section twenty-one now owned by the state, and all of section twentytwo, and the south half of section fifteen, all in township number ten, north of range six, east of the sixth principal meridian, and also except each and all of the salt springs owned by the state, and forty acres of land with each spring upon which the same is situated. The expense of said appraisement shall be audited by the board of public lands and buildings, and paid out of the saline fund, created as hereinafter stated, and as nearly as may be as provided in section 8 of this act.

lands.

SEC. 2. That said commissioner of public Sale of Saline lands and buildings, when the said lands have been appraised, shall make a report of the same with the appraised value thereof to the board, and also the appraised value of the improvements on said land, and keep a record thereof in his office, and said board, upon receiving such report, shall at once direct the said commissioner to advertise the lands appraised as aforsaid for sale in at least three newspapers in the state for thirty days before the day of such sale, and on the day mentioned in such advertisement the said lands shall be offered for sale at public auction, and sold to the highest bidder therefor; Provided, Said lands shall be offered in tracts not exceding one hundred and sixty acres at one time, and shall not be sold at less than the appraised value thereof, exclusive of the appraised value of the improvements thereon; and for the pur

pose of making such sale the commissioner aforesaid is hereby authorized to employ a competent crier or auctioneer, who shall be paid from proceeds of sales at a rate not to exceed three dollars per day. The said lands remaining unsold, after having been offered at public sale as aforesaid, shall be kept in the market for private sale at the office of said commissioner for such time as the board may deem proper, not to exceed one year subsequent to such sale; when the residue, if any, shall be advertised in like manner and again offered at public sale. And in case any of said lands shall remain unsold after having been offered at public sale the second time, such remaining lands shall be re-appraised and again offered for sale at public auction, upon notice of such sale being given as above provided, and the lands remaining unsold after having been offered at public sale under the appraisement shall be kept in the market at private sale, at the office of the commissioner for such time as the board may deem proper, but in no case shall any of said lands be sold for less than the appraised value thereof; in addition to the appraised value of the improvements thereon, and all the proceeds realized from such sales shall be deposited by the commissioner of public lands and buildings in the state treasury, except the amount realized for the improvements upon said lands, which amount shall be immediately paid to the owner or owners of said improvements, making also a detailed statement to the board of the lands sold, and the fund

received therefor, and such moneys when deposited with the treasurer, shall constitute what shall be known as the saline fund of the state, and disbursed in the manner hereinafter set forth and no other.

Provided, That only so much of said lands shall be sold as may be necessary to raise the amount hereby appropriated, and that none of said lands shall be sold for less than seven

dollars per acre.

SEC. 3. Whenever any of the lands shall be Deed to land. sold and the purchase price paid, the commissioner of public lands and buildings shall issue a voucher to the purchaser under his seal, showing the name of the purchaser, the description of the land sold, the purchase price, and that the same has been duly paid. The purchaser, his agent, or attorney, shall file said voucher in the office of the governor, and the governor shall thereupon issue to the purchaser a deed or patent from the state of Nebraska, conveying to him the land described in the voucher, which deed or patent shall be duly countersigned by the secretary of state, and shall then be entitled to be recorded in the record of deeds of the county in which the lands are situated. SEC. 4. For the purpose of procuring a greater sink well in besupply of brine than naturally flows on said basin, the said board is authorized and directed, whenever the funds derived from the sale of lands, as aforesaid, shall be sufficient for that purpose, to order the said commissioner to make a contract on the part and behalf of the state, subject to the approval of the board, for the

half of state.

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