fraction of a page, shall be counted as a full page, but no entire blank page shall be counted or charged for; and if, in any branch of the printing, tabular statements occur, which it shall be impracticable to print on the ordinary size pages, the same shall be printed on tabular sheets of the necessary size, and the amount of composition on the same, shall be ascertained by measuring the printed surface, and thereby ascertaining the number of ems; and for all rule and figure work, double price for composition shall be allowed, the same to be ascertained by strict measurement and count. But one charge shall be made for the composition of all documents ordered to be printed by both branches of the legislature, and no charge or allowances shall be made for composition when extra and additional copies shall be ordered printed.

SEC. 9. [Presswork-Token.]-In counting and charging the presswork, whether on bills, journals, laws, pamphlets, or volumes of public documents the token shall consist of one hundred and twenty-five sheets, printed on both sides, or two hundred and fifty sheets printed on one side only.

SEC. 10. [Delivery by contractor.]-Each contractor for any branch of the state printing, shall deliver over to the secretary of state, or on his order, in the sheet, all copies ordered to be printed, in good order.

SEC. 11. Contractor's bond.-It shall be the duty of the secretary of state to give immediate notice to the successful bidder, that his proposals have been accepted and each successful bidder shall enter into bonds payable to the state of Nebraska, in the sum of not less than two thousand nor more than five thousand dollars, for each and every branch of the public printing so awarded to him, with at least two good and sufficient sureties, conditioned for the faithful performance, pursuant to this act, of that branch or branches of the printing to which he has been adjudged the successful bidder; and if he shall fail so to give bond within the time allowed, then the contract shall be given to the next lowest bidder, who will give bond as aforesaid.

SEC. 12. Folding Stitching Contracts.] The folding of all bills, resolutions, pamphlets, or documents, ordered to be printed, together with the stitching of the same, and the paper covering of all documents ordered by the legislature, or either branch thereof, to be covered, shall be let in one contract; and the folding, stitching, and binding of the laws, journals, and volumes of public documents, shall be let in another contract.

SEC. 13. Same -How let.]-The secretary, auditor, and treasurer, at the same time, and in the same manner as prescribed in the first section of this act, shall give notice that sealed proposals will be received for the folding and stitching of all bills, resolutions, pamphlets or documents ordered printed, and the paper covering of all documents ordered to be covered; and for the folding, stitching, and binding of the laws, journals, and volumes of public documents, which proposals shall specify the rate per hundred sheets for folding, the rate per hundred copies for folding, the rate per hundred copies for stitching all bills, resolutions, pamphlets, or documents, the rate per hundred copies for paper covering all documents ordered to be covered, and the rate per hundred copies for binding the laws, journals, and volumes of public documents at which the contractor is willing to do the same; and each successful bidder, to whom the contracts or either of them may be awarded, shall enter into bond in the sum of one thousand dollars, in the same manner as is prescribed in the eleventh section of this act, for the faithful performance of the same.

SEC. 14. [Style of binding. The binding of the laws, journals, and other volumes of public documents shall be in the same style and of the same material as the volumes of laws of the territorial legislature of the tenth session.

SEC. 15. [Specimens preserved.]-The secretary of state shall keep in his office, for inspection, a specimen of each kind, style, and quality of the work required to be done and material to be used in the several cases; and the work done or material used, shall in all cases be equal in quality to the specimens so kept by the secretary of state.

SEC. 16. [Half sheets.]-In counting the folding and stitching of all bills, resolutions, pamphlets, or documents, no half sheet shall be counted, charged for, or allowance made.

SEC. 17. [Collating – Drying — Pressing.—Folding, stitching, and binding shall include the collating, drying, and pressing, and no charge or allowance shall be made for collating, drying, and pressing.

SEC. 18. [Contractor's accounts.]-Each contractor for any branch of the public printing, shall file and preserve one copy of each document or other matter, by him printed for the state, which file he shall deposit, together with his accounts for printing, with the secretary of state, on or before the fourth Tuesday of December annually, in which account shall be specifically stated the various jobs performed; the number of ems composition in each; the extra charge, if any, for rule and figure work in each; the number of tokens of press-work in each; designating whether ordered by the senate, the house, or jointly by both, or by other officers or agents of the state, together with the kind and quantity of paper used for each job

SEC. 19. [Binder's accounts.]-Each contractor for the folding, stitching, covering, and binding, shall file and preserve one copy of every document, or other matter, by him folded, stitched, or bound, which file he shall deposit together with his accounts for the same, with the secretary of state, on or before the fourth Tuesday of December, annually, which account shall specifically state each item, as provided for by the thirteenth section of this act, and the number of copies of each bill, resolution, pamphlet or document folded, stitched, or covered, and the number of copies of laws, journals, and documents bound.

SEC. 20. [Accounts Examination.]-On the filing of any account and vouchers, under the two last preceding sections, the secretary of state, auditor, and treasurer, shall carefully examine such accounts, together with the vouchers therefor, and the orders for the same, and if any errors be found in such account by such examining officers, they shall immediately correct the same; and if they shall find any unnecessary blanks or increased number of pages, caused by stretching out of matter, or other devices of the printer, they shall deduct from the account of the contractor, double the amount of composition and press work charged for such unnecessary blanks or increased number of pages; and if any error shall be committed in any branch of the printing aforesaid, by which the sense or meaning may be altered, such examining officers shall deduct from the account of the contractor, by whom the error was committed, the amount of composition to which he would have been entitled for the composition and press work of the whole sheet in which such error shall be found; but the secretary, auditor, and treasurer, shall in no case allow constructive charges, or any other than is specifically named in this act.

SEC. 21. Accounts Payments.]-After any account, as aforesaid, shall have been examined by the proper officers, and all errors and overcharges corrected, and proper deductions made therefor, pursuant to the foregoing section, said account shall be certified to be correct by said examining officers, or any two of them; and when any account shall be so audited and certified, the auditor shall draw a bill upon the treasury for the amount thereof, payable out of any money appropriated for that purpose.

SEC. 22. [Neglect of contractor.] The contractor for the printing of bills, resolutions, or other matter to be printed in bill form, shall promptly, and without delay, execute all orders of the legislature, or either branch thereof, for the printing of all bills and resolutions, and for each failure to complete said printing within twenty-four hours after receiving the order for the same, the contractor shall forfeit and pay a penalty of ten dollars to be deducted from his account at settlement; and all contractors under the provisions of this act, shall promptly, and without unnecessary delay, execute all orders issued to them by the legislature, or either branch thereof, or the executive officers of the state; and the laws, journals, and volumes of public documents shall be printed and delivered to the

contractor for the folding, stitching, and binding, on the order of the secretary of state, within sixty days after the adjournment of the legislature, and said contractor shall, within thirty days after the receipt thereof, execute the folding, stitching and binding, and deliver to the secretary of state, the volumes so bound, under the penalty of a forfeiture of their bonds; Provided, however, That the said secretary of state, auditor, and treasurer, may, on good cause shown by either of the contractors, extend the time, not exceeding ten days for the execution of their several contracts.

SEC. 23. Laws and journals-Copy.]-The secretary of state shall furnish a true and accurate copy of the laws and journals, as they may be demanded by the printer thereof, and the clerks of the respective branches of the legislature shall each furnish to the printer who is bound by his contract to print the same, copies of the journals, bills, reports, and other papers and documents, without unnecessary delay, and no contractor shall be accountable for any delay, occasioned by the want of such copy.

SEC. 24. [Laws-Arrangement.]-It shall be the duty of the secretary of state to classify and arrange for publication, the laws, joint resolutions and memorials, passed at each session, and to make out a full index and marginal notes to the laws as fast as shall be necessary. The signatures of the speaker of the house, president of the senate and governor, shall not be printed at the end of each law and chapter, but only at the end of the volume. The date of approval by the governor shall be affixed to each law, and there shall be prefixed to each volume of laws published the name and residence of the several state officers, the senators and members of the house of representatives, and the presiding officers and clerks of both branches of the legislature at the time of passing such laws.

SEC. 25. [Failure of contractor-New proposals.]-In case any contractor, under the provisions of this act, shall fail to comply with the stipulations of his contract, it shall be the duty of the secretary of state, auditor, and treasurer to immediately advertise for proposals, for the unperformed work provided for in the said contract, in accordance with the provisions of this act, so far as they may be applicable.

CHAPTER 69.-PUBLIC LANDS.

SECTION 1. [Records.-That it shall be and is hereby made the duty of the governor, immediately after the passage of this act, to cause true copies of all communications from the secretary of the interior department or the United States, now on file in any department of this state, in or by which any lands or selections thereof have been confirmed or certified to this state under or by virtue of any grant or act of congress, to be prepared and certified under the state seal, and recorded in each of the counties of this state in which any of the lands in such copy described are situated. [1872, 7. G. S. 868.]

SEC. 2. [Same-Future communications.]-That whenever any communication shall hereafter be received by the governor, or at any of the departments of the state government from the secretary of the interior, when or whereby any lands or selection thereof shall be confirmed or certified to this state, under or by virtue of any grant or act of congress, it shall be the duty of the governor to cause a copy thereof to be prepared, certified and recorded in the manner specified in the first section of this act.

SEC. 3. [Record Fees.]-That it shall be the duty of the several county clerks to whom any such copy shall be presented, to record the same in the book or books in which land patents are or may be recorded, and in the order in which such copy may be received; and such clerks shall be entitled to the same fees for recording such copies as are allowed by law for recording deeds, which fees shall be paid them out of the general fund, upon the warrant of the auditor therefor.

NOTE.-"An act to provide for recording the state's title to certain lands." Laws 1872,7 G. S. 868. Took effect Jan. 19, 1872. Provisions of the several acts relating to land grants, entry and selection of public lands swamp lands, etc., collated in chap, 59, G. S. 858, omitted from this volume. See chap. 80 and article VII chap. 83.

SEC. 4. Same-Copies-Evidence.]--That each such copy, in this act provided for the record thereof, on a transcript of such record certified under the hand and seal of the county clerk in whose office the same shall be recorded and shall be received in all courts and places whatever as evidence of each and every fact and thing there in stated, as well as of the absolute title of the United States in and to the lands therein described, at the date of such communication.

SEC. 5. [Entry on state lands by mistake.-That whenever any person has been allowed a homestead or pre-emption filing on land in any United States land office in the state of Nebraska, supposing the land to belong to the United States, or supposing the same to be open to homestead or pre-emption settlement because of being settled upon and improved before the survey thereof, and having made valuable improvements thereon, or any person having purchased the filing of any such lands, and afterwards ascertaining that the said lands belong to the state of Nebraska, the person entitled to said lands, shall be required to make a showing to the board of educational lands and funds, under oath, that his filing was made in good faith and not for the purpose of speculation, and that he supposed the land belonged to the United States at the time he made the homestead and pre-emption filing or purchased the said filing. [1881 § 1, chap. 58.]

SEC. 6. [Duties of board of educational lands-Deed.-That upon receiving such a showing the said board shall examine into said showing, and if it is satisfied that said claim is a just and proper claim, and made in good faith, and that the United States will deed to the state of Nebraska, land in place of that upon which the appliant has filed or purchased a filing, the said board shall order a deed executed by the governor of the state of Nebraska to the United States, for said lands, to allow said party to complete his title under the United States laws, and thereupon the governor shall execute a deed of relinquishment to the United States for the said lands. [Id. § 2.]

CHAPTER 70.-PUBLIC BUILDINGS.*

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.]

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.

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.

SEC. 4. [Same-Buildings closed.]-That in all cities and towns having

SECS. 5-6. "An act to provide for the relinquishment of the title to lands filed upon supposed to be land Lelonging to the United States, and said public lands settled upon and improved before the survey thereof." Approved and took effect March 3, 1881. *NOTE.-"An act to regulate the means of egress from public buildings." Laws 1877, 117. Took effect June 1, 1877

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.

CHAPTER 71. QUO WARRANTO AND MANDAMUS.'

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.]

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.

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.

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 application 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 said court exercising its original jurisdiction. [1867 § 1, 47.]

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 foregoing section, and the mode of proceeding and the practice relating thereto shall be the same as that obtaining in the supreme court as herein provided and as now provided by law. [Id. § 2.]

CHAPTER 72.-RAILROADS.

ARTICLE I.-DUTIES AND LIABILITIES.†

SECTION 1. [Fencing.-That every railroad corporation whose lines of road or any part thereof is open for use, shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad or any part thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof so open for use, suitably and amply sufficient to prevent cattle, horses, sheep, and hogs from getting on the said railroad, except at the crossings of public roads and highways, and within the limits of towns, cities, and villages, with opens, or gates, or bars at all the farm crossings of such railroads, for the use of the proprietors of the lands adjoining such railroad, and shall also construct, where the same has not already been done, and hereafter maintain at all road-crossings, now existing or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, and hogs from getting on to such railroad, and so long as such fences and cattle guards shall be made after

*NOTE.-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 district 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.

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.

+ART. I. "An act zo define the duties and liabilities of railroad companies." "Laws 1867. 88. G. S. 201. Took effect June 22, 1867. And see ante p. 144.