is hereby empowered and directed to receive from the United States, all moneys that may be due or hereafter become due to the state, and it shall be his duty to deposit the same without delay in the treasury of the state, taking the treasurer's receipt thereof. Id. § 2.]

SEC. 6. [Permanent school fund securities-Collection.-That the state treasurer is hereby authorized and directed to institute suit on behalf of the state of Nebraska in the proper courts of the several counties for the foreclosure and collection of any and all securities held by the permanent school fund of this state, such suits to be prosecuted in the name of the state, against any and all persons indebted to said fund upon such securities, and the judgments recovered and the moneys collected thereon shall belong to said school fund. [1877 § 1, 208.] SEC. 7. [Duties of attorney general.]-That the attorney general is hereby required, upon request of said state treasurer, to perform all necessary legal labor in the preparation and prosecution of any suit necessary to be brought in order to compel the payment of any of such securities or the interest due, or to become due thereon. [Id. § 2.]

SEC. 8. [Cancellation. That upon the payment if [of] any mortgage or other security held by said school fund, the state treasurer is hereby authorized and required to discharge and cancel the same of record in the manner required by law. Id. § 3.]

SEC. 9. [Settlement.]-If the governor, treasurer, and auditor of public accounts shall deem it for the best interests of the state to take a conveyance of the land mortgaged, to secure any loan of the permanent school fund heretofore made, or other land in lieu thereof, then and in that case, the treasurer is hereby authorized to cancel and discharge of record any mortgage heretofore given to the state for the benefit of the permanent school fund when such conveyance of such lands as the said governor, treasurer and auditor of public accounts may require to be made, shall have been duly executed and delivered to the state for the benefit of the permanent school fund. [Id. § 4.]

SEC. 10. [Avails of judgments transferred to school fund.-That all moneys now in the treasury of the state arising from collections on judgments in favor of the state, as well as all moneys which shall hereafter be collected on such judgments, shall be transferred and paid into the permanent school fund and become a part thereof. [1879 § 1, 177.]

ARTICLE III.-REFUNDING TAXES.

SECTION 1. To whom paid.]-That moneys heretofore received by the county treasurer of the several counties within the state of Nebraska, on account of taxes levied on lands, the title to which vests in the state of Nebraska, from persons holding said lands under contract of sale, or lease, shall be repaid without interest to persons who have paid the same, their heirs, executors, or assigns. [1879 § 1, 149.]

SEC. 2. [Payment.]-That said moneys shall be repaid by the respective county treasurers, on orders in that behalf, made by the county commissioners of the respective counties.

SEC. 3. [Receipt.]-That no order shall be made by the county commissioners of any county, for the repayment of money paid as aforesaid into the treasury, except upon the production of a receipt from the treasurer of the [county] acknowledging the payment of money as taxes as aforesaid, on lands owned by the state of Nebraska.

SECS. 6-9. "An act to provide for the foreclosure and collection of the securities held by the permanent school fund of Nebraska." Laws 1877, 208. Took effect June 1, 1877.

SEC. 10. "An act to provide for the transfer of moneys received by the treasurer on judgments in favor of the state to the permanent school fund." Laws 1879, 177. Took effect June 1, 1879.

ART. III. "An act to provide for the repayment of moneys paid as taxes on lands, the title to which vests in the state, by persons holding such lands under contract of sale, or by lease," with a preamble as follows:

"WHEREAS, In the different counties of the state of Nebraska, there are many persons holding school lands under contract of sale, or under lease from the state of Nebraska, the title to said land being now vested in the state; and WHEREAS, Said school lands have not been, and are not now taxable for any purpose whatever, therefore, etc." Laws 1879, 149. Took effect Feb. 20, 1879.

SEC. 4. [Cancelling of taxes.]-The county commissioner[s] of any county where school lands have been wrongfully taxed and the taxes have not yet been paid, shall order the county treasurer to cancel the same.

ARTICLE IV.-MISCELLANEOUS PROVISIONS.

SECTION 1. [Purchaser may surrender portion of lands.]—That any person who has purchased any of the school lands of this state, who may desire to surrender portions, and retain other portions, not less than forty acres of the same, shall, upon executing a release in writing to the state of Nebraska for such lands surrendered, be credited by the county treasurer of the county upon the portion of land retained by such person, the amount of money paid upon such lands so surrendered which shall exceed six per cent. per annum of the unpaid portion of the purchase price of said lands. [1879 § 2, 81.]

SEC. 2. [Bond when sale of school land is enjoined.]-That hereafter, when any person, or persons, shall institute proceeding to prevent the sale of any of the school lands of this state, the judge, or other person, before whom the proceedings shall be commenced, shall require the person instituting such proceeding to enter into a written undertaking with one or more good and sufficient sureties thereto, to the state of Nebraska, in a sum equal at least to fifteen per centum of the value of the lands, the sale of which is sought to be prevented, conditioned, that the plaintiff or person instituting such proceedings, shall pay all costs and damages which may accrue, if it shall finally be determined that such proceedings ought not to have been instituted. [1875 § 1, 123.]

SEC. 3. [Time of payment extended.]-That upon the full payment of all the interest and taxes due thereon, the principal of all notes given in payment for school lands, be, and the same is hereby extended to the first day of January, 1890; Provided, That upon all lands heretofore sold, the purchaser or his assigns, shall make satisfactory proof to the county clerk of the county within which the land is situated, that permanent improvements have been made upon said lands before such extension shall be granted; Provided further, That nothing in this act shall be construed to prevent the purchaser or his assigns, from making full payment of such notes at any time by computing the interest to the first day of January following such payment. [1877 § 1, 210.]

SEC. 4. [Power of county commissioners. It shall be the duty of the county commissioners, upon application being made by the purchaser, or his assigns, showing that the provisions of section one of this act has been complied with, to extend the time of payment of the principal of such notes to the time specified in section one of this act. [Id. § 2.]

SEC. 5. The provisions of this act shall extend to and include all sales of school land hereafter made. [Id. § 3.]

SEC. 6. [Parties living on land selected in lieu of sections 16 and 36.-Any person or persons who shall have resided continuously for a term of five years on lands selected in lieu of sections 16 and 36 for common school purposes, shall when the state acquires title thereto, have the privilege of purchasing the same, on the same terms as other school lands are purchased from the state; Provided, That such lands shall be appraised under direction of the county commissioners, at not less than seven dollars per acre; Provided further, That such appraisal shall not include any improvements placed on said lands by the person so purchasing the same. [1875 § 1, 123.]

SEC. 1. "An act to amend an act entitled 'an act for the relief of purchasers of school lands,' approved February 19, 1877." Laws 1879, 80. Took effect June 1, 1879. SEC. 2. "An act to provide the measure of damages in cases where proceedings are instituted to prevent the sale of school lands." Laws 1875, 123. Took effect Feb. 25, 1875.

SECS. 3-5. "An act to extend the time of payment of notes given in payment for school lands." Laws 1877, 210. This act took effect June 1, 1877 subsequent to sec. 11, p. 481.

SEC. 6. An act authorizing parties living on school lands selected in lieu of sections 16 and 36 to purchase the same when the state acquires title." Laws 1875, 123. Took effect Feb. 25, 1875.

CHAPTER 81.-SEALS.*

SECTION 1. [Use of private seals abolished.]-The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made, shall not affect its equity or legality in any respect. [R. S. 376. G. S. 1001.]

SEC. 2. [Instruments heretofore made without seal valid.]-All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have heretofore been executed, without the use of a private seal, are, notwithstanding, hereby declared to be legal and valid in all courts of law and equity in this state and elsewhere.

CHAPTER 82.-SEAT OF GOVERNMENT.†

SECTION 1. [Commissioners.]-That the governor, secretary of state, and the auditor, be, and they are hereby appointed commissioners for the purpose of locating the seat of government and the public buildings of the state of Nebraska. SEC. 2. [Provided for bond of commissioners.]

SEC. 3. Selection-Name.]-On or before the fifteenth day of July, A. D. 1867, the commissioners, or a majority of them, shall, upon actual view, select from the lands belonging to the state, within the following limits, to wit: The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine, à suitable site of not less than six hundred and forty acres, lying in one body for a town, due regard being had to its accessibility from all portions of the state, and its general fitness for a capital. They shall then appoint a suitable person as surveyor, and such other assistants as may be necessary, who shall take and subscribe an oath similar to the one taken by the commissioners. They shall immediately survey, lay off, and stake out the said tract of land into lots, blocks, streets, and alleys, and public squares, or reservations for public buildings, which said town, when so laid out, and surveyed, shall be named and known as Lincoln, and the same is hereby declared to be the permanent seat of government of the state of Nebraska, at which all of the public offices of the state shall be kept, and at which all the sessions of the legislature shall hereafter be held.

SECS. 4-10. [Provided for sale of lots, expenses of commissioners, and erection of capitol.]

SEC. 11. [University-Agricultural college-Location.]—The state university and state agricultural college shall be united as one educational institution, and shall be located upon a reservation selected by said commissioners, in said "Lincoln," and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the state for that purpose, or from other sources.

SEC. 12. [Penitentiary-Location.]-The penitentiary of the state shall be located upon a reservation selected by the said commissioners in the said "Lincoln," or upon lands belonging to the state, and adjacent to said, town of "Lincoln," and the necessary building shall be erected as soon as funds can be secured.

SEC. 13. [Officers to move to Lincoln.]-As soon as the capitol building provided for in this act, is erected and completed, it shall be the duty of the governor to issue his proclamation announcing said. fact, and thereupon it shall be the duty of all the state officers whose offices are properly kept at the capitol, to remove, within three months, their several offices, together with the public property, archives, records, books, and papers to said "Lincoln," and all sessions of the legislature shall thereafter be convened at the same place.

SEC. 14. [Provided for report to legislature.]

*NOTE.-Chapter XLIX, R. S. 376. Chapter 71, G. S. 1001.

+NOTE. "An act to provide fo the location of the seat of government." Laws 1867, 52. G. s. 1002. Took effect June 24, 1877. NOTE.-Also that special acts concerning the erection of public buildings, capitol, insane asylum, etc., are omitted from this volume. See Const. p. 38.

CHAPTER 83.-STATE AND STATE OFFICERS.

ARTICLE I.-GOVERNOR.

SECTION 1. [Powers.]-The governor is hereby constituted the legal custodian of all the property of the state, not specially entrusted to other officers by law, and he is hereby authorized and empowered to take summary possession of such property of the state, without any process of law, and to adopt such measures as he may deem proper to preserve it from injury or deterioration. [1867 § 1, 100.]

SEC. 2. [Report of executive officers.-It shall be the duty of the several officers of the executive department to make a written report to the governor of the state of the public business entrusted to their charge, whenever required by him so to do. [Id. § 2.]

SEC. 3. [Commissions.]-All commissions to civil officers in this state, shall be issued and signed by the governor, and countersigned by the secretary of state, and a record thereof kept in the office of the secretary of state. [Id. § 3.]

SEC. 4. [Thanksgiving day.]-The governor shall by proclamation, set apart one day in each year as a day of solemn and public thanksgiving to Almighty God, for his blessings to us as a state and a nation, and no business shall be transacted on that day at any departments of state. [Id. § 6.]

SEC. 5. [Private secretary.]--The governor shall appoint a private secretary to serve during the continuance of his term of office, who shall receive a salary of fifteen hundred dollars per annum, payable in the same manner as the salaries of state officers. [Id. § 7. Amended 1879, 103.]

SEC. 6. [Insurance on public buildings.]--That the governor be and is hereby authorized and empowered to insure the public buildings and other property belonging to the state, liable to destruction or injury by fire, with some good and responsible insurance company or companies, for the benefit of and in the name of the state. [1869 § 1, 87.]

SEC. 7. [Same.]--That the governor shall deposit the insurance policies, taken out in accordance with the provisions of the foregoing section, with the treasurer of the state, and shall certify to the auditor the amount of the premiums and the date they become due, and the auditor shall draw his warrant upon the treasurer for the respective amounts of said premiums from time to time as they shall be due, in favor of the proper officer or agent of said insurance company or companies. [Id. § 2.1

SEC. 8. [Janitor.]-The governor is hereby authorized and empowered to employ some suitable person as janitor of the capitol building, who shall receive a salary of six hundred dollars per annum, payable quarterly, in like manner as the salaries of state officers, and whose duty shall be to take care of and keep in good order the said capitol building, and the grounds belonging thereto. [Id. §3.]

ARTICLE II.-SECRETARY OF STATE.

SECTION 1. [Custodian of public records.]-All public acts, laws, and resolutions passed by the legislature of the state shall be carefully deposited in the office of the secretary of state, and the secretary of state is charged with the safe keeping of said office and all laws, acts, resolutions, bonds, papers, and records, which now are or shall hereafter be deposited therein. He shall not permit any original rolls, papers, or public documents filed in his office, to be taken out of it unless called for by a resolution of either or both houses of the legislature, or for the examination by the executive. [1877 § 3, 195.]

SEC. 2. [Legislative documents.]-The secretary of the senate and the

SECS. 1-5. "An act prescribing and defining the powers and duties of the governor of the state," [Laws 1867, 100,] except Secs. 4 and 5. which were superseded by Secs. 10, 11, and 13, Art. V. Const. The act took effect June 24, 1867.

SECS. 6-8. "An act to provide for the care of the capitol building and other state property." Laws 1869, 87. G. S. 1047. Took effect Feb. 15, 1869.

ART. II. "An act to define the duties of secretary of state." Laws 1877, 195. Took effect June 1, 1877. Secs. 1-2 of original act repealed 1881, 102, ante p. 75.

clerk of the house of representatives, at the close of each session of the legislature shall deliver to the secretary of state all books, bills, documents, and papers in the possession of either branch of the legislature, correctly labeled, folded, and classified, according to the subject matter of such documents, respectively; and the secretary of state is hereby required to preserve the same in his office. [Id. § 4.] SEC. 3. [Fees of office.]-There shall be paid to the secretary of state the following fees: For a certificate without seal, fifty cents. For each commission to any officer or other person, except military commissions, one dollar. For cop-, ies of exemplification of records, with seal, for each one hundred words, ten (10) cents. For copies of bills or other papers, with certificate under seal, for each one hundred words, ten cents. For receiving and filing articles of association, corporations or consolidations, bonds, oath of office, each, one dollar. For recording the same, for each one hundred words, ten cents. For issuing each license, one dollar. For taking acknowledgment of a deed, mortgage, power of attorney, or other writing with certificate under seal, fifty cents. For administering oath to an affiant, fifty cents. [Id. § 5.]

SEC. 4. [General duties.]—It shall be the duty of the secretary of state,' 1st. To countersign and affix the seal of state to all commissions required by law to be issued by the governor. 2nd. To keep a register of all such commissions, specifying the person to whom granted, the oflice conferred, the date of signing the commission, and when bond is taken, the date and amount thereof, and the names of the sureties. 3rd. To make and keep proper indexes to the records and all public acts, resolutions, papers, and documents in his office. 4th. To give any person requiring the same, and paying the lawful fees therefor a copy of any laws, act, resolution, record or paper in his office, and attach thereto his certificate under the seal of the state. 5th. To take charge at the close of each session of the legislature of all tables, chairs, desks, and other furniture of the two houses thereof, and not permit the same to be wasted or used for other than public purposes during the recess of the legislature. 6th. To take charge of and keep in repair and replenish the furniture of the state house, except as otherwise provided. 7th. To furnish the legislature and the officers thereof, all necessary fuel and stationery when so directed by resolution of the legislature, or either branch thereof. 8th. To print and supervise the distribution of the laws and journals, and keep an account thereof. 9th. To make out and present to the governor, at least ten days before each regular session of the legislature, a report showing the amount of all fees received by him and paid over to the treasurer, the expenditures of his office, the contracts let by the state for fuel, stationery and printing, and for copying, printing, binding and distributing the laws and journals, and for all other printing ordered by the legislature, and stating particularly the manner in which the same have been fulfilled and such general accounts of the business of his office as may be necessary for the information of the legislature. 10th. In the publication of the laws of this state, or the resolution or journals of the legislature, the secretary of state shall cause to be published in each volume a general certificate to the effect that the same as contained in such volume are true copies of the laws and resolutions of the legislature, as the case may be, on file in his office. 11th. Whenever any bill which shall have passed both houses of the legislature shall be returned by the governor with his objections thereto, and upon a reconsideration shall pass both houses by the constitutional majority, it shall be authenticated as having become a law by a certificate thereon to the following effect, viz: This bill having been returned by the governor, with his objections thereto, and after reconsideration, having passed both houses by the constitutional majority, it has become a law this A. D. -, which being signed by the president of the senate and speaker of the house of representatives, shall be deemed a sufficient authentication thereof, and the bill shall be deposited with the laws in the office of the secretary of state. 12th. Whenever any bill which shall have passed both houses of the legislature, and shall not be returned by the governor or filed with his objections in the office of the secretary of state, as

day of