SEC. 5. [County seat.]-At such first election, the voters of the county shall determine the permanent location of the county seat; for this purpose each voter may designate on his ballot the place of his choice for the county seat, and when the votes are canvassed, the place having a majority of all the votes polled shall be the county seat, and public notice of said location shall be given by the county commissioners within thirty days, by posting up notices in three several places in each precinct in the county, and a copy of such notice shall be recorded by the county clerk, in the book of miscellaneous records. [Id. § 5.] SEC. 6. [Same.]-In any county where an election has been heretofore held under any law existing at the time of said election, to determine the permanent location of the county seat of such county, and said election shall be declared void by any court of competent jurisdiction in an action instituted for that purpose, the county commissioners of said county shall submit, at the next general election to be held sixty days after the entering of such judgment, to the qualified voters of the county seat of the county, as if no election had ever been held in such county. [Amended 1883, chap. XXIV.] SEC. 7. [Succeeding elections.]-If no one place has a majority of all the votes polled, as provided in section five, it shall be the duty of the county commissioners within one month after said election, or within one month after the officers elected at the first election have qualified according to law, to order a special election, and give ten days notice thereof, by posting up three notices in each precinct in said county, at which election votes shall be taken by ballot between the three highest places voted for at the first election; and if no choice is made at such election, notice of another election shall be given as above provided for, to decide between the two places having the highest number of votes at the last election, and the place having the highest number of votes shall be the county seat. [G. S. § 7.] SEC. 8. [County seat on public lands.]—Whenever any county seat shall be located upon any public lands of the United States, it shall be the duty of the county commissioners to enter or purchase a quarter-section of land at the place so designated, at the expense of and for the use of the county, within three months thereafter, if said land be subject to private entry; if not, the commissioners shall claim the same as a pre-emption under the laws of the United States, for the use of said county. [Id. § 9.] SEC. 9. [Survey.]-Such land shall be surveyed into lots, squares, streets, and alleys, and platted and recorded in the county clerk's office; and lots necessary for public buildings shall be reserved by the commissioners for that purpose. [Id. § 10.] SEC. 10. [Sale of lots.]—The remainder of said lots shall be offered at public sale by the sheriff of the county to the highest bidder, at such time as the county board may designate. Notices of such sale shall be posted up in three public places of the county, and published in some newspaper of general circulation therein, at least thirty days previous to such sale. The terms of sale shall be determined by the county commissioners, and they may dispose of lots at private sale upon such terms as they may deem best. [Id. § 11.] SEC. 11. [Purchase.]-Purchasers of the aforesaid lots shall receive a certifi cate of purchase from the sheriff, entitling the holder to a deed for the same, when payment in full shall be made according to law. If the purchaser of any lot fails to pay for the same within the time required by the county commissioners, not to exceed one year in any case, the right of the purchaser to such lot shall be forfeited, and the same shall be again sold by the county commissioners as herein before provided. [Id. § 12.] SEC. 12. [Proceeds of sale.]—The proceeds of the sale of such lots, after deducting all necessary expenses, shall be paid into the county treasury and constitute a fund for the erection of public buildings for the use of the county, at the county seat, and shall be used for no other purpose whatever. [Id. § 13.] SEC. 13. [Duties of county clerk.]-Whenever any county organized under the provisions of this chapter shall have been previously attached to any other CH. 17, ART. 3 COUNTIES, COUNTY BOUNDARIES, AND COUNTY SEATS. 343 county for election, judicial, and revenue purposes, it shall be the duty of the county cierk chosen at the first election, after having qualified according to law, to procure from the proper officer of such county a transcript of all deeds, mortgages, judgments, and liens of every description upon real or personal property lying and being in such newly organized county, and cause the same to be recorded in the proper offices of his own county; such clerk shall be at full liberty to take such transcripts himself, and when recorded in the proper office in his own county, shall stand headed with the name of the county and offices where taken, and a certificate attached thereto that they are correct; and such clerk shall receive for his services ten cents per folio for taking such transcripts, ten cents per folio for recording them, and ten cents per mile for travel ing in going after and returning with them, which shall be audited, allowed, and paid to, him by his own county. [Id. § 14.] SEC. 14. [Officers.]-All county and precinct officers elected at the first election as herein provided shall continue to hold their respective offices until the next general election held for the same offices in other counties, as provided by the election law in force at that time, and until their successors are elected and qualified. [Id. § 15.] ARTICLE III.-RE-LOCATION OF COUNTY SEATS. SECTION 1. [Petition to county board.]-Whenever the inhabitants of any county are desirous of changing their county seat, and upon petitions therefor being presented to the county commissioners, signed by resident electors of said county, equal in number to three-fifths of all the votes cast in said county at the last general election held therein, said petition shall contain, in addition to the names of the petitioners, the section, township, and range on which, or town or city in which the petitioners reside, their ages and time of residence in the county, it shall be the duty of such board of commissioners to forthwith call a special election in said county for the purpose of submitting to the qualified electors thereof the question of the re-location of the county seat. Notice of the time and the places of holding said election shall be given in the same manner, and said election shall be conducted in all respects the same as is provided by. law relating to general elections for county purposes. The electors at said election shall designate on their ballots what city, town, or place they desire said county seat located at or in, and any place receiving three-fifths of all the votes cast shall become and remain, from and after the first day of the third month next succeeding such election, the county seat of said county. [1875, § 1, 159.] SEC. 2. [Canvass of votes.]—If it shall appear upon the canvass of said votes that no one place has received three-fifths of all the votes cast, and if it shall further appear that three-fifths of all the votes cast have been cast in favor of places other than the one where said county seat is then located, it shall be the duty of said board of ART. III. "An act to provide for the re-location of county seats." Law 1875, 159. Act is constitutional. 17 Neb. 89. Took effect Feb. 24, 1875. SEC. 1. The notice should conform to the law. So where under the law then in force [Gen. Stat. sec. 8, 224] the electors were directed to "designate on their ballots the place of their choice for the county seat," a notice authorizing votes only "for removal of county seat: against removal of county seat," was held insufficient. 3 Neb. 252. Ballots describing accurately subdivision of land within limits of one of the contesting places should be counted for that place. 5 Neb. 145. Sufficiency of petition on which call for election was made cannot be en quired into after election. 7 Neb. 389. Parties signing the petition are in attitude of plaintiffs and may withdraw their names before same is acted on by a county board. To authorize the calling of the election the petition must contain requisite number of names. 10 Neb. 33; 21 Id. 577.-Although the notice of the election may be less than the statutory time (then 30 days, now 20 by sec. 12, chapter entitled "Elections," post), the election will not be declared void at the suit of one taking part therein, for that reason alone, especially where it is not shown that different result would probably have been obtained if full statutory notice had been given. 7 Neb. 389. Mandamus does not lie to compel county commissioners to canvass vote. 8 Neb. 290; 21 Id. 578. And injunction does not lie to restrain county officers from removing their offices, on grounds which would have been available in a contest of the election. 15 Id. 304. Canvassers should not throw out vote because non-residents have voted, or votes are illegal. 8 Neb. 291. 11 Id. 106. Allegations of bribery of voters should be pleaded. 14 Neb. 508. Provision is now made by statute for contesting elections for removal of county seats. Sec. 64 et seq., chap. 26. But this remedy is not exclusive. 11 Neb. 104. Irregularities in election for location of county seat, not inquired into in collateral proceedings instituted fourteen years afterward. 17 Neb. 618. Duty enforceable by mandamus. 35 Neb. 106. Qualifications of petitioners: supplemental petition unauthorized. 24 Id. 210. SEC. 2. If canvassers neglect or refuse to count all the votes and fully perform their duties, they may be compelled by mandamus. 5 Neb. 147. But they cannot go behind the returns. 10 Neb. 51, 59. 11 Neb. 104. Alterations of returns of elections during transmittal to canvassing board; mandamus does not lie to compel board to canvass such returns. 24 Neb. 509. county commissioners to immediately call a special election in the same manner as pro vided in section one of this act. SEC. 3. [Special election.]-At which election the electors of said county shall designate upon their ballots either the name of the place where the county seat is then located, or one of the two places, other than the said county seat, which received the largest number of votes cast at the special election first held, and in canvassing said votes no votes shall be counted except such as are cast for one of the three places before mentioned. SEC. 4. [Re-location.]-If three-fifths of all said votes so to be counted shall be in favor of the re-location of such county seat at either of the places voted for, the place receiving three-fifths of such votes shall become and remain from and after the first day of the third month next succeeding said election the county seat of such county. SEC. 5. [Further election.]-If it shall appear upon the canvass of said vote that no one place has received three-fifths of all the votes legally cast at said election, and if it shall further appear that less than two-fifths of all said votes have been cast in favor of the present county seat, said board of county commissioners shall, at the next general election held in such county, again submit to the electors thereof the question of the re-location of the county seat. SEC. 6. [Subsequent election.]-If the present county seat received a less number of votes, at the second special election herein before provided for, than either of the other places voted for thereat, then the electors shall designate on their ballots the name of one of the two places, other than said county seat, where they desire the county seat so located, and the one of said places receiving the largest number of votes shall be and become, from and after the first day of January following such election, the county seat of said county; but if at said election only one of the places voted for received more votes than the place where the county seat is then located, the electors of said county shall designate upon their ballots either the name of the place where the county seat is then located, or of the place which received the highest number of votes cast at the aforesaid special election, and in canvassing said votes no votes shall be counted except such as are cast for one of the two places before mentioned. SEC. 7. [Final result.]—If three-fifths of all said votes so to be counted shall be in favor of the re-location of such county seat, the place so receiving three-fifths of all of said votes shall become and remain, from and after the first day of January next succeeding said election, the county seat of such county. SEC. 8. [Question of re-location not again submitted.]—If at either of the elections in this act provided for, more than two-fifths of the votes cast shall be in favor of the place where the county seat is then located, the question of the relocation thereof shall not be again submitted for the space of two years from the date of said election, and in case the county seat shall be re-located as herein provided for, the question of the re-location thereof shall not be again submitted to the electors for the space of five years thereafter. SEC. 9. [Duties of county officers.]-When any such county seat shall have been re-located, it shall be the duty of county officers to forthwith remove their respective offices, and all county records, papers, and property in their offices or charge, to the place where said county seat shall have been re-located; and any county officer who shall refuse to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars, and a conviction of any such officer of such misdemeanor shall work a vacancy in his said office. SEC. 10. [Repealed sec. 8, G. S. 229.] SEC. 8. If present county seat receive three-fifths of the vote no other election to be held for five years. 34 CHAPTER 18.-COUNTIES AND COUNTY OFFICERS. ARTICLE I.-GENERAL PROVISIONS. SECTION 1. [Boundaries.]—The boundaries of the several counties of this state shall remain as are established until the same be changed according to law. [1879, § 1, 353.] SEC. 2. [Same.]-In all cases where any organized county lies adjacent to any boundary line of this state, and it shall appear that any island, territory, or tract of land lies between such county and the state boundary, and is not included within the defined boundaries of any organized county, and is not a military reservation of the United States, such unincluded island, territory, or tract of land shall attach to and be a part of such adjacent county for all purposes, until otherwise provided by law. SEC. 3. [Change in channel of boundary stream.]-Where any county is bounded by the middle of the channel of any stream or water-course, and by reason of any change of such channel any island or tract of land shall be thrown to the other side of such bounding channel, after the original organization and establishment of the boundaries of any county, the old channel of the stream or water-course shall, for all county and state purposes, be deemed the channel thereof. SEC. 4. [Transferring territory.]—When a majority of the legal voters, residing upon any territory, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have #uch territory transferred to such county, it shall be the duty of the several county boards so petitioned to submit the question at the next general election in said counties; Provided, That no such petition shall be granted until after the expiration of three years from last submission of the question. [Amended 1885, chap. 36; 1889, chap. 5.] SEC. 5. [Notices of election.]-Notices of such election shall contain a de"cription of the territory proposed to be transferred, the names of the counties from and to which such transfer is intended to be made, and shall be posted with the other notices for general elections. SEC. 6. [Ballots.]-The ballots used in the said elections may be in the following form, to wit: "For transferring territory," and "Against transferring territory," when, if a majority of the voters voting upon said question in the county from which aid territory is proposed to be taken, and a majority of the voters of the county to which the same is proposed to be transferred, shall be "For transferring territory," then the said territory shall be transferred to and become a part of the county to which it is proposed to transfer the same, on and after the first day of January succeeding such election, and shall be subject to all the laws, rules, and regulations thereof; Provided, That all assessments and collections of taxes, and judicial or other official proceedings commenced prior to said first day of January, shall be continued, prosecuted, and completed in the same manner as if no transfer had been made; And provided further, That all township or precinct officers within said transferred territory shall continue to hold their respective offices within the county to which they may be transferred, until their respective terms of office expire. SEC. 7. [Area of counties.]-No county shall be reduced under the provisions of this act to less contents than 400 square miles. SEC. 8. [Adjustment of debts.]-No transferred territory under the provisions of this act shall be released from the payment of its proportion of the debts of ART. I. "An act concerning counties and county officers." Laws 1879, 353. Took effect Sept. 1, 1879. Act is constitutional. 12 Neb. 386. the county from which such territory is transferred; and such proportionate indebtedness from such transferred territory shall be collected by the county to which such territory is transferred, at an equal or greater rate than is levied and collected in the county from which such territory was transferred-such rate to be ascertained by the certificate of the county clerk of said last named county, and when so collected, to be paid over to the county entitled thereto. The territory so transferred shall not be taxed for the payment of any indebtedness of the county to which said territory is transferred, incurred previous to said transfer. SEC. 9. [Unorganized territory.]-When any unorganized territory lies adjoining to and is not embraced within the boundaries of any county, and a majority of the inhabitants of said territory petition the commissioners of said adjoining county to be attached to the same, the county board of said county shall within sixty days order an election as provided for in sections 4, 5, and 6, of this act, and said territory shall become attached to and be a part of said county by a majority vote of the same, and be subject in all other respects to the provisions of this act. [Amended 1885, chap. 36.] SEC. 10. [New county.]-Whenever it is desired to form a new county out of one or more of the then existing counties, and a petition praying for the erection of such new county, stating and describing the territory proposed to be taken for such new county, together with the name of such proposed new county, signed by a majority of the legal voters residing in the territory to be stricken from such county or counties, shall be presented to the county board of each county to be affected by such division, and it appearing that such new county can be constitutionally formed, it shall be the duty of such county board or county boards to make an order providing for the submission of the question of the erection of such new county to a vote of the people of the counties to be affected, at the next succeeding general election of which the notice shall be given, the votes canvassed, and the returns made as in case of election of county officers, and the form of the ballot to be used in the determination of such question shall be as follows: "For new county," and "Against new county." SEC. 11. [Elections.]—If it shall appear that three-fifths of all the votes cast at such election, in each of the counties interested, is in favor of the erection of such new county, the county clerk of each said counties shall certify the same to the secretary of state, stating in such certificate the name, territorial contents, and boundaries of such new county; whereupon the secretary of state shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county, at such time as he shall designate, and he may, when necessary, fix the place of holding election, notice of which shall be given in such manner as the governor shall direct. At such election the qualified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this state, and who shall continue in office until the next general election for such officers, and until their successors are elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this state. [Amended 1889, chap. 5.] SEC. 12. [Officers.]-All the justices of the peace, constables, and other township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of said election, and whose residence shall be embraced within the limits of said new county, shall continue in office until their terms of office shall expire and until their successors shall be elected and qualified. SEC. 13. [Canvass of votes.]-The votes for the county officers of said new county shall be canvassed, and returns made, by the county clerk or county clerks of the county or counties from which such new county was formed, as provided by law in other cases. SEC. 9. Cited. 35 Neb. 231. SEC. 10. Duty of county board where more than one new county is sought to be be separately submitted at the same election. 24 Neb. 42. Conflicting propositions. SEC. 11. Commissioners continue in office till next general election. 26 Neb., 393. Art. X., Const. 34 Id., 162. erected; propositions may 30 Id. 493. Not in conflict with § 2 |