verts and improvements on roads, within the limits of any township, the cost or expense of which shall exceed one hundred dollars, shall be let by the town board to the lowest competent bidder; but no contract shall be entered into for a greater sum than the amount of money on hand in the township road fund, derived from the levy of previous years, and two-thirds of the levy for the current year, together with the amount of money on hand belonging to the district where such work is to be performed. The contract shall be let, and the successful bidder give bond as provided in sections 83, 84, and 85 for the letting of contracts in counties not under township organization; and all the provisions of said sections shall apply, so far as applicable, to the letting of contracts provided for in this section; Provided, That where any work is to be performed or contract let, the cost of which is to be paid by order of the county board entirely out of the county road fund, or by the entire county, the contract therefor shall be let by the county board in the same manner as provided in sections 83, 84, and 85, for the letting of such contracts in counties not under township organization.

SEC. 98. Work let by contract, how paid for.]-Where any contract is let as aforesaid by the town board, the expense of which is to be borne exclusively by the township, it shall be paid from the money belonging to the district in which such work is performed; or, if that be insufficient, the balance shall be paid from the township road fund, and if the work be of general benefit to the entire township, the town board may, in their discretion, cause the same to be entirely paid for from the township road fund, or from the fund of each district pro rata; Provided, That if under any law of this state, bonds are voted to aid in the building or repairing of any bridge, the expense shall be paid by such bonds, or the proceeds thereof.

SEC. 99. [Road on town lines.]-Where a public road is located on township lines, the county board shall allot the part of such road which such town shall keep in repair, and the part so allotted shall be considered as wholly belong. ing to such town.

SEC. 100. [Appropriation from county treasury.]—When it shall be necessary to build, construct, or repair any bridge, or road, in any town, which would be an unreasonable burden to the same, the cost of which will be more than can be raised in one year by ordinary road taxes in such town, the town board shall present a petition to the county board of the county in which such town is situated, praying for an appropriation from the county treasury to aid in the building, constructing, or repairing of such bridge or road, and such county board may (a majority of all the members elect voting for the same) make an appropriation of so much for that purpose, as in their judgment, the nature of the case requires and the funds of the county will justify; said appropriation to be expended under the supervision of an authorized agent or agents of the county, if the county board shall so order. In such case, where the county grants aid, as aforesaid, the contract shall be let by the town board, under the provisions of sections 83, 84, and 85.

SEC. 101. [Bridges on town lines.]-Bridges over streams which divide township lines, and bridges over streams on roads on township lines, shall, if the expense thereof be not paid by the county board, be built and repaired at the equal expense of such towns; Provided, That for the building and maintaining of bridges over streams near township lines, in which both are equally interested, the expense of building and maintaining such bridges shall be borne equally by the townships so interested.

SEC. 102. [Same-Contracts, how let.]-Contracts for the purposes mentioned in the foregoing section may be entered into and enforced in the same manner as provided in sections 89 and 90, for the enforcement of similar contracts in counties not under township organization.

SEC. 103. [Repealed Chap. 47 R. S. 342. G, S. 950.]

SEC. 104. [Special tax to pay road fund warrants.j-That in order

SECS. 104-106. "An act to provide for the payment of outstanding county road fund warrants." Laws 1879, 164. Took effect June 1, 1879.

to provide for the payment of outstanding road fund warrants issued by any organized county in this state prior to the repeal of the act authorizing their issue, the county commissioners of any county where such indebtedness exists be and the same are hereby authorized and empowered to levy a special tax not exceeding five mills upon the dollar of the valuation of said county, or so much thereof as may be necessary to pay all the outstanding indebtedness of the character hereinbefore mentioned. Said levy to be made by the county commissioners at their next regular annual meeting in July, 1879, while assembled for the purpose of levying other taxes as provided by law. Said tax to be collected by the county treasurer in the same manner as other county taxes are collected, and the said warrants to be paid by the county treasurer in the order in which they appear upon his warrant register. [1879 § 1, 164.]

SEC. 105. [Same.]-In case the five mill levy hereinbefore mentioned 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. [Id. § 2.}

SEC. 106. [When transferred to general fund.]-All moneys derived from the collection of taxes under this levy remaining in the hands of the county treasurer after all the road fund warrants shall have been paid, shall be transferred to the general fund of said county. [Id. § 3.]

CHAPTER 79.-SCHOOLS.

SUBDIVISION I.-SCHOOL DISTRICTS.

SECTION 1. ["School" and "District" construed.-The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter. [1881 § 1, chap. 78.]

SEC. 2. [District a body corporate.]—Every duly organized school district shall be a body corporate, and possess all the usual powers of a corporation for public purposes, by the name and style of "school district numberof- --county," and in that name may sue and be sued, purchase, hold and sell such personal and real estate as the law allows.

SEC. 3. [Division of counties.)-Each organized county not already divided into school districts, or any part of such counties not so divided, shall be divided by the county superintendent into as many school districts as may be necessary.

SEC. 4. [New districts-Formation.]-New districts may be formed from other organized districts under the following conditions only: First. The county superintendent shall have discretionary power to change the boundary of any school district, or to form a new district from one or more districts on a petition signed by one-third of the legal voters in each district affected. Second. The county superintendent shall not refuse to change the boundary lines of any district, or to organize a new district, when he shall be asked to do so by a petition from each school district affected, signed by two-thirds of all the legal voters in such district; Provided, That a notice of the said petition containing, an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, has been posted in three public places in each district affected, at least ten days prior to the time of presenting

NOTE.-"An act to establish a system of public instruction for the state of Nebraska." Approved and took effect Mar. 1, 1881. . SEC. 3. Districts should be limited in extent by the distance that scholars are able to attend school. 9 Neb. 336. SEC. 5. The record should contain a minute detail of all proceedings in relation to the formation of the new district, and of the amount instly due the new from any old district out of which it may have been formed. 6 Neb. 545.

the petition to the county superintendent; Provided, That changes affecting cities shall be made upon the petition of the board of education of the district or districts affected. Third. No new district shall be formed between the first day of January and the first day of August. Fourth. When two districts are made from one, there must be two petitions, one from each part into which the district is to be divided. Fifth. No new district shall be formed containing less than six sections of land, nor shall any district be reduced by division or otherwise, so as to contain less than that amount, unless the district so formed, or the part of a district remaining after division, shall have an assessed valuation of property of not less than fifteen thousand dollars, and having not less than twenty children of school age.

SEC. 5. [Notice by superintendent.]-Whenever the county superintendent of any county shall form a new district it shall be the duty of the said superintendent to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the superintendent.

SEC. 6. Notice to voters.-The said notice shall also direct such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his or her place of residence, of the time and place of holding said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voter of said district accordingly. SEC. 7. [Return of notice.]-The said inhabitant when he shall have notified the qualified voters as required in said notice, shall endorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting.

SEC. 8. [Same-Record-Evidence.]-The said chairman shall deliver such notice and return to the director chosen at such meeting, as hereinafter provided, who shall record the same at length in a book, to be provided by him at the expense of the district, as a part of the records of such district, which record shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings, in the organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the county superintendent as evidence.

SEC. 9. District divided-Property-Indebtedness.]-When a new district is formed in whole or in part from one or more districts possessed of a school house or other property, the county superintendent, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts at the time of such division, and the fact that such school house or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof; Provided,,. That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted as hereinafter provided.

SEC. 10. [Same--Bonded indebtedness.]-If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in install

SEC. 9. After the division, the old district has no authority to use property or tunds to which the new one is entitled. 4 Neb. 267. 9 Id. 338. Where there is no finding or determination whatever by the super intendent as to property of any kind retained by a district out of which a new district was formed, his certificat to the county clerk stating the amount of tax to be levied on the old district to be paid to the new, when collected is a nullity. 6 Neb. 544.

ments proportionately at such times as the original indebtedness shall become due to the creditors of the old district.

SEC. 11. [Same-Collection.]-The amount of such proportion, when so ascertained and determined, shall be certified by the county superintendent to the county clerk who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the school house or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district.

SEC. 12. [Same-Payment.]--When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a school house or other district

purposes.

SEC. 13. Sale of property.-Whenever, by the division of any district, the school house or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such school house and site shall be located, may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds; Provided, That when sold at private sale such sale shall not be binding until approved by the district interested.

SEC. 14. [Proceeds-Division.]-The money arising from the sale of school house and site, or otherwise, except teachers' fund, shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division.

SEC. 15. [Teachers' fund-Division.]-Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number of scholars in each district at the time of said division. The money designated in this and the preceding section shall be divided at once, and not in the manner provided in section eleven (11) of this subdivision.

SEC. 16. [Unbonded indebtedness.]-Whenever a new district shall be organized from the territory of a former district, and there shall be any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of school house or other property, and such new district shall be entitled to only the value of its proportionate share of such property after deducting its like share of such indebtedness.

SEC. 17. District change-Report to clerk-Map.]-Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer, by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed.

SEC. 18. [Unsatisfactory division of property.]-Whenever a district is dissatisfied with the division of school property made by the county superintendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final.

SEC. 19. [Arbitration.]-The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after said superintendent has made his award. The county superintendent shall notify the other district or districts and direct them to choose arbitrators. The county superintendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately

to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration.

SEC. 20. [Award.]-The award of arbitrators shall be in writing and shall be filed with the county superintendent, and shall be final; Provided, That if no award is made by the committee within thirty days from the day of arbitration, the division made by the county superintendent shall be legal and valid.

SEC. 21. [Arbitrator's fees.-The fees for such arbitration shall be as follows: Each person engaged as arbitrator shall receive two dollars per day during the time necessarily occupied, to be paid equally by the districts.

SEC. 22. [District in two counties.]-That when persons living in two or more counties desire to form a school district, it shall be the duty of the superintendents of the respective counties to authorize the said persons to organize such district, and the reports contemplated in this chapter shall be made to the superintendents of each county, parts of which form the district, of such property or children as may be within the limits of each such organized county.

SUBDIVISION II.-DISTRICT MEETINGS.

SECTION 1. [Annual.]-The annual school meeting of each school district shall be held at the school house, if there be one, or at some other suitable place within the district, on the first Monday of April of each year, and the school year shall commence with that day.

SEC. 2. [Special.)-Special meetings may be called by the district board, or any one of them, on the written request of any five legal voters of the district, by giving the notice required in the next succeeding section; and in all notices of special meetings the object of the meeting shall be stated, and no business shall be transacted at such meetings except such as is mentioned in the call.

SEC. 3. [Notices.]-All notices of annual or district meetings, after the first meeting has been held as aforesaid, shall state the day, hour and place of meeting, (which place shall be within the district), and shall be given at least fifteen days previous to such meeting by posting up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice.

SEC. 4. [Voters-Qualifications.]-Every voter and every woman who has resided in the district forty days and is over twenty-one years of age and who owns real property in the district, shall be entitled to vote at any district meeting. Every voter and every woman, who has resided in the district forty days and is over twenty-one years of age and who owns personal property assessed in his or her name at the last assessment, shall be entitled to vote at any district meeting. Every voter and every woman who has resided in the district forty days and is over twenty-one years of age and who has children of school age residing in the district, shall be entitled to vote at any district meeting.

SEC. 5. [Challenges-Oath.]-If any person offering to vote at a school district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter, and if such person shall state that he or she is qualified, and the challenge shall not be withdrawn, the said chairman shall administer to him or her an oath, in substance, as follows: "You do solemnly swear (or affirm) that you are twenty-one years of age, that you have resided in this school district for forty days last past, that you own real property in the district or personal property that was assessed in your name at the last assessment (or have children of school age residing in the district) so help you God." And every person taking such oath shall be permitted to vote on all questions proposed at such meeting.

SEC. 6. [Perjury.]-If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall wilfully take a false oath, or make a false affirmation under the provisions of the preceding section, shall be deemed guilty of perjury, and be punished accordingly.