provision for ballot boxes and poll books, and the canvass of the vote at such election for members of the board of education. The register list of voters used at the last preceding city election shall be used at the school election; Provided, That women entitled to vote under the general school law shall not be required to be registered as voters; Provided, further, That the annual school election day in metropolitan cities shall be a school holiday in said cities.

SEO. 6. [Ballots-Canvass.]-That the ballots for the election of members of boards of education, for authorizing the issuance of bonds, or the purchase of sites and erection of buildings shall in all cases be deposited in boxes especially prepared for that purpose, and be received and returns made by the regular election board; but the returns for election of members shall be canvassed in the same manner as provided for, in case of city officers; the returns for the issuance of bonds, purchase of sites and erection of buildings shall be made to and canvassed by the board of education.

SEC. 7. [Oath of office-Vacancy.]-That all persons elected as members of boards of education shall, on or before the second Monday in July following their election, take and subscribe to the usual oath of office. In case any person so elected shall fail so to do, his election shall be void, and the vacancy thereby occasioned shall be filled by the board as hereinafter provided.

SEC. 8. [Board-Meetings.]-That the regular meetings of the boards of equcation shall be held on the first and third Monday of each month, but special meetings may be held from time to time as circumstances may demand, at the call of the president of the board or on petition of a majority of the members thereof, and all meetings of the board shall be open to the public.

SEC. 9. [General power.]-That the boards of education shall have power to select their own officers, make their rules and regulations subject to the provisions of this act.

SEC. 10. [Officers-Superintendent.]-That the members of each board of education, at their regular meeting in July succeeding their election each year, shall elect a president and vice-president from their own members who shall serve for the term of one year, or until their successors are elected and qualified; they may also elect at any regular meeting in July one superintendent of public instruction, with such salary as the board may deem just, and they may enter into contract with him in accordance with their discretion, for a term of years not to exceed three years. The election of the officers of the board, superintendent, secretary, teachers and janitors shall be by ballot, and no person shall be declared elected except he receive the vote of a majority of all the members of the board. They shall annually elect a secretary at such salary as the board may deem just. Said secretary shall not be a member of the board of education. They also shall have power to appoint a superintendent of school buildings, whose respective duty, power, salary and term of office shall be regulated and determined by the board of education and to employ under the superintendent of school buildings necessary workmen, and provide necessary materials for repairing, altering and enlarging school or other buildings. The superintendent of buildings shall devote his entire time to the discharge of the duties of his position.

SEC. 11. President.]-That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees, whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys.

SEC. 12. [Vice-president.]-That it shall be the duty of the vice-president to perform all the duties of the president in case of his absence or disability.

SEC. 13. [Secretary.]-That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board; to apply for and receive school funds from the county treasurer or other persons to whom

such funds are payable by law, and deposit the same with the treasurer of board, and to perform such duties as the board may require.

SEC. 14. [Same-Bond.]-That before entering into the discharge of his duties the secretary of the board shall give bonds in the sum of not less than ten thousand ($10,000) dollars, with good and sufficient sureties, and shall take and subscribe an oath or affirmation before a proper officer that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office.

SEO. 15. [Treasurer.]-That the city treasurer of such city shall be exofficio treasurer of the board of education. He shall attend all meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay school moneys only upon a warrant signed by the president, or in his absence by the vice-president, and countersigned by the secretary. He shall give bond, payable to the board of education, in twice the sum that may be in his possession at any one time, of moneys belonging to, or under the control of the board of education.

SEC. 16. [Property of districts merged.]-That within ten days after the permanent organization of a board of education, provided for in this act, it shall be the duty of all officers of school districts within the limits of metropolitan cities to deliver to the officers of the board all property, funds and papers entrusted to their care for the use of public schools of such cities, and all such cities, and all funds thus received shall be immediately paid to the treasurer of the board, and by him placed to the credit of the school district provided for in this

act.

SEC. 17. [Vacancies in board.]-That the boards of education shall have power to fill any vacancy which may occur in their body; Provided, That any vacancy occurring more than ten days previous to the annual city election and leaving an unexpired term for more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "To fill unexpired term."

SEC. 18. [Quorum-Vacancy.]-That a majority of all the members of each board of education shall constitute a quorum, but a less number in attendance at any regular meeting shall have, and a quorum at any special meeting may have power to compel the attendance of absent members in such manner and under such penalties as each board shall see fit to prescribe, and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or by consent of the board, shall vacate his position on the board, which facts shall be passed upon by the board of education and spread upon their records.

SEC. 19. [Accounts-Money, when appropriated.]--That all accounts shall be audited by the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred ($200) dollars shall be voted by the board except in accordance with the provisions of a written contract; nor shall any money be appropriated out of the school fund except on a recorded affirmative vote of a majority of all the members of the board, and said account, and the records of said board in all metropolitan cities shall at all times be subject to the inspection and examination of the council of such cities, whose duty it shall be to appoint a committee to examine said records and check said accounts, and as may be required by ordinance or resolution of the city council, report to said council the nature and state of said accounts, and any facts that may be required concerning said records.

SEC. 20. [Census.]-That the boards of education snall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years residing in the district, and shall report the same, together with such other information as required by sections twelve and seventeen, of sub-division four, of the general school laws of Nebraska, to the county superintendent of public instruction, at the time specified by law for like returns in other districts.

SEC. 21. [Teachers-Examination-Certificate.]--That all persons making applications to boards of education as teachers in graded and high schools therein, shall be required to produce a legal certificate given by some authority authorized to grant teachers' certificates, or from an examining committee appointed by the board. And for such purpose the board of education is authorized to appoint three competent persons at such time as may be deemed expedient, who shall be styled the examining committee of the board of education, and whose duty it shall be to examine all persons who may apply to them as teachers, and teachers receiving such certificates setting forth that such person is competent to teach in the public schools of the city and is a person of good moral character shall be entitled to all the benefits arising from a certificate issued to any teacher under the laws of this state. Any certificate granted by such committee may be revoked by the board of education for any reason which would have justified the withholding thereof when the same was granted, or for gross negligence of duty, incompetency or immorality.

SEC. 22. [Board interested in contracts.]-That it shall be unlawful for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of school houses, or for warming, ventilating, furnishing or repairing the same, or be in any manner connected with the furnishing of supplies for the maintenance of the schools.

SEC. 23, [Sale of property.]-That no school property of any kind shall be sold by the board of education except at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of the board

SEC. 24. [Payment of debts-Funding bonds.]-That each of the school districts provided for in section one of this act, shall have the power, and it shall be the duty of the board of education to provide for the payments of debts created by school districts or other school organizations, superceded by the districts herein provided for, when such debts shall have been incurred in the erection of school-houses or for other school purposes. If any portion of such debt shall be in the form of bonds, if issued for a valuable consideration, the holder or holders thereof, on surrendering the same to the said board shall have the right to demand and it shall be the duty of said board, in the name of the district created by this act, to cause to be issued other bonds of like amount of tenor and effect as to payment of principal and interest, as the bonds surrendered. This provision shall also apply to cases where only part of a district embraced witnin the district created by this act, whenever said fractional part shall become a part of said district as provided for in section one of this act; Provided, The latter shall assume and pay only such proportion of the debt of the divided district as the assessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts within the limits of a metropolitan city, it shall be the duty of the county superintendent of public instruction, the president of the board of education and the director of the school district, to appraise and adjust all claims or assets in such manner that each district shall bear its proportion of the indebtedness, as heretofore provided and have its proportion of said assets of said district.

SEC. 25. [Estimate ofexpenses-Taxes.]-That the board of education shall annually, during the month of June, report to the city council an estimate of the amounts of funds required for the support of the schools, for the purchase of school sites, the erection and furnishing of school buildings, the payment of interest upon all bonds issued for school purposes and the creation of a sinking fund for the payment of such indebtedness, and the city council is hereby authorized and required to levy and collect said amount the same as other taxes; Provided, however, That in case the purchase of school sites and the erection of buildings shall require an expenditure exceeding twenty-five thousand dollars for any one calendar year, the question shall be submitted to a vote of the electors of the

district, at the time and place of any city, county or state election; the board of education shall, previous to such election, designate, in at least one daily paper published in the district where such election shall be held, the locality of the site or sites required, and the cost of the building to be erected thereon.

SEC. 26. [Limit of taxation.]—That the aggregate school tax shall in no one year exceed two per cent upon all the taxable property of the district.

SEC. 27. [Taxes paid in money.]-That all taxes collected for the benefit of the public schools shall be paid in money, and shall be subject to the order of the board of education.

SEC. 28. [Bonds]-That the board of education may borrow money upon the bonds, which they are hereby authorized and empowered to issue, bearing a rate of interest not exceeding six per centum per annum, payable annually or semi-annually, at such place as may be mentioned upon the face of such bonds; which loan shall be paid and reimbursed in a period not exceeding thirty years from the date of said bonds; Provided, That no bonds shall be issued nor question of issue be submitted to the electors, without the consent of two-thirds of all the members of the board of education, and be offered in open market, and sold to the highest bidder for not less than par value on each dollar; And, provided further, That no bonds shall be issued by the board of education without first submitting the proposition of issuing said bonds, at an election called for that purpose, or at any regular election; notice whereof shall be given for at least ten days in one or more daily papers published within the district, to the qualified voters of said district, and if a majority of the ballots polled at such an election shall be for issuing bonds said board of education may issue bonds in such an amount as shall be named in their election notice; said election shall be held under the proclamation of the board of education, and in the form and manner as prescribed by law for elections in metropolitan cities.

SEC. 29. [Same.]-That in case the electors shall sanction the issuing of said bonds, in manner aforesaid, then the said board of education may cause to be prepared and issue the same under the provisions of this act, and the said bonds shall express on their face that they are issued in pursuance of this act, and shall be signed by the president and secretary of the board of education, shall specify the rate of interest, the time when the principal and interest shall be paid, the place of such payment, and each bond when so issued shall not be for a less sum than fifty dollars.

SEC. 30. [Sinking fund-Investment.]—That the board of education is hereby authorized and required to provide before the same shall become due, for the interest on all bonds issued by the district; they shall also immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart each year for a sinking fund, a requisite amount or proportion sufficient to pay the principal of said bonds when they shall become due. All moneys set apart for said sinking fund shall be invested-First, In the purchase of and redemption of bonds of the school districts which bonds shall be purchased in open market in such manner as the board of education shall prescribe. Second, In bonds of the city constituting the school district. Third, In bonds of the county wherein such district is situated. Fourth, In bonds of the state of Nebraska. Fifth, In United States bonds.

SEC. 31. [Purchase of immature bonds.]-That if it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this act, before maturity the treasurer shall sell to the highest bidder in open market, and in a manner prescribed by the board, such bonds or securities as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for.

SEC. 82. [Control of funds.]-That all moneys arising from any source whatever, which under any prior acts or acts of the legislature of this state, are payable to the school fund of any city of the first class, which may become a

SCHOOL LANDS AND FUNDS.

CH. 80

metropolitan city, or any moneys which are required to be set apart by the treasurer of any such city for the support and maintenance of any school heretofore organized therein under any general law, shall on and after the passage of this act be payable to the treasurer of the board of education, and shall be used only for the purposes specified in this act.

SEC. 38. [Acts repealed.]-That all acts and parts of acts inconsistent with this act, be and the same are hereby repealed.

CHAPTER 80.-SCHOOL LANDS AND FUNDS.

ARTICLE I.-GENERAL PROVISIONS.

SECTION 1. [Board of educational lands and funds.]-That the board of commissioners provided for in section one of article VIII of the constitution, consisting of the governor, secretary of state, treasurer, attorney general, and the commissioner of public lands and buildings, shall cause all school, university, normal school and agricultural college lands now owned by, or the title to which may hereafter vest in the state, to be registered, sold and leased, and the funds arising from the sale thereof to be invested in the manner provided by this act. [1885, chap. 85.]

SEC. 2. [Abstracts of educational lands.]-The commissioner of publie lands and buildings shall, under the direction of the board, cause suitable abstracts to be made of all the lands owned by the state for educational purposes, and entered in suitable and well bound books. Such abstracts shall show in proper columns and pages, the county in which each tract is situated; the section, part of section, township and range; whether timber or prairie; whether improved or unimproved; the value per acre; the value of improvements, and total value. In another book or books shall be shown the date of sale, name of purchaser, price per acre, amount paid in cash, amount unpaid, amount of annual interest, names of sureties on notes, date of lease, name of lessee, amount of annual rental, date of patent and when recorded, and such other columns as may be necessary to show full and complete abstract of the condition of each tract of land, from the time title was acquired by the state until final payment by the purchaser, and the issue of a deed for the land.

SEC. 8. [Same-Appraisement.]-When the abstracts provided for in section two are made by the commissioner of public lands and buildings, the board of educational lands and funds shall cause a list of the lands described in such abstracts to be forwarded to the chairman of the board of county commissioners or supervisors as the case may be, and the lands embraced in said list shall be appraised in the same manner as provided in section fifteen of this act in the case of private sale, and the said appraiser shall subscribe to an oath before some proper officer to properly appraise the prairie lands in tracts not to exceed forty acres each, the timber lands in tracts not to exceed ten acres each, and to appraise any improvements thereon, and to make due and prompt return to the commissioner of public lands and buildings, who shall enter the appraisement upon said abstracts; Provided, That the lands in any of the organized counties of this state not now appraised shall be ordered appraised upon a petition signed by not less than one hundred of the tax payers residents of said county, approved and certified by the board of commissioners in such county to the board of public lands and buildings, asking that the lands in such county shall be appraised for the purpose of lease and sale as provided by this act.

SEC. 4. [Reappraisement.]-The said board may, when they deem it to

ART. I. "An act to provide for the registry, sale, leasing and general management of all lands and funds set apart for educational purposes, and for the investment of funds arising from the sale of such lands." Thi act also repeals the act of 1883, chap. LXXIV. Chap. LXXV, laws of 1883, which transfers land to schoo fund and chap. LXXVI, being local and temporary in its nature, are omitted.