1

Repealing clause.

Emergency.

shall in all cases pay the costs. If the petitioner for
the road appeals he must pay the costs unless the
claimant recovers a less amount than was allowed
him by the board, in which case the costs shall be
paid by the claimant. Judgment shall be ren-
dered in accordance with the foregoing provisions.

SECTION 2. Section one thousand eight hundred
fifty-seven of the Consolidated Statutes of Ne-
braska as now existing is hereby repealed.

SECTION 3.

Whereas an emergency now exists this act shall take effect and be in force from and

after its passage.

Approved April 7, 1893.

CHAPTER 28.

Amending sec.

1905, Consol.

Stats.,

[Senate File No. 35.]

AN ACT to amend section 1905 of Chapter 18 of the Consolidated
Statutes of Nebraska, entitled "Highways," And to repeal said
section, as the same now exists.

Be it Enacted by the Legislature of the State of
Nebraska:

SECTION 1. That section 1905 of chapter sec. 91, chap. eighteen of the Consolidated Statutes of Nebraska, entitled "Highways" be amended to read as follows:

78, Comp. Stats., 1891.

Township road fund;

Section 1905. In counties under township ordisposition of ganization, all money paid to the township treasurer in discharge of township road tax, and all money paid in discharge of labor tax, shall constitute a township road fund. Which fund shall be devided as follows: All of said fund shall be held by the township treasurer subject to the order

1

of the town board, excepting an amount not to exceed one-fifth of the entire fund aforesaid, shall be paid by the town treasurer to the overseer of the district from which such tax is collected. The amount under the control of the town board as aforesaid shall be expended for the general benefit of the township, for road and bridge purposes. The amount under the control of the overseer shall be applied within his district as follows: First. For the construction and repair of bridges and culverts, and making fire-guards along the line of roads. Second. For the payment of damages for the right of way of any public road. Third. For payment of wages of overseers, and for necessary guide-boards. Fourth. For the payment of wages for Commissioners of roads, surveyor, chainmen, and other persons engaged in locating or altering any County road, if the road be finally established or altered as herein before provided. Fifth. For work and repairs on roads.

clause.

SECTION 2. Said original Section 1905 of Repealing chapter eighteen of the Consolidated Statutes of Nebraska, entitled "Highways" is hereby repealed.

SECTION 3. Whereas an emergency exists, this Emergency. act shall take effect and be in force from and after

[Senate File No. 121.]

CHAPTER 29.

Payment of outstanding road district warrants; special tax.

Annual levy.

AN ACT to provide for the payment of outstanding road district warrants and to liquidate all indebtedness against road districts.

Be it Enacted by the Legislature of the State of
Nebraska:

SECTION 1. That in order to provide for the payment of all outstanding road district warrants and to liquidate indebtedness against road districts, the County board 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 road districts or so much thereof as may be necessary to pay all the outstanding indebtedness of the character herein before mentioned. Said-levy to be made by the county board at their regular annual meeting in July 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 all warrants to be paid by the county treasurer in the order in which they appear on his warrant register.

SECTION 2. In case the five mill levy hereinbefore mentioned shall not be sufficient to pay the entire amount of the indebtedness of the various road districts, the county board 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 antil all

the indebtedness against the road districts in such county shall have been paid.

clause.

SECTION 3. All acts and parts of acts in conflict Repenting with this act are hereby repealed.

Approved April 8, A. D. 1893.

CHAPTER 30.

[House Roll No. 34.]

AN ACT to allow children of school age of their home district to attend school at a nearer district.

Be it Enacted by the Legislature of the State of
Nebraska:

dren; attend

school.

SECTION 1. That where children of school School chilage are living over one and one-half miles from ing nearer the school house in the district where they reside, and shall reside a half mile or more nearer to another school-house, they may attend school at the schoolhouse nearest to their place of residence.

tionment.

The school district where such children shall State apporattend school may collect from the school district where they shall reside, the share of the state apportionment to which such children are entitled, which shall be collectible as the County Superintendent shall make public the said apportionment. SEC. 2. The teacher shall keep a correct record of the above pupils, showing their place of Record of residence.

Approved April 8, A. D. 1893.

pupils.

[House Roll No. 104.]

CHAPTER 31.

- Amending sec. 3706, Consol. Stats., 1891;

sec. 8, subdiv. Comp. Stats.,

14, chap. 79,

1891.

Boards of education;

of members;

election of officers.

Superintend

ent of public instruction;

election; con

⚫tract.

AN ACT to amend sections 3706, 3721, and 3722 of subdivision 14 of chapter 44 of the Consolidated Statutes of Nebraska, and to repeal the original sections amended.

Be it Enacted by the Legislature of the State of
Nebraska:

SECTION 1. That Section 3706, of Subdivision XIV of Chapter 44 of the Consolidated Statutes of Nebraska be and the same hereby is amended so as to read as follows: "3706. The term of memterm of office bers elected shall begin with the first Monday in July succeeding their election each year and the members of the board shall thereupon elect a president, vice president, and secretary from their number, who shall serve for the term of one year, or until their successors are elected; They may also elect at any regular meeting 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, of the superintendent and teachers, and for filling vacancies in the board, 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.. SEC. 2. That Section 3721 be and the sec. 23, subdiv. hereby is amended so as to read as follows: "3721. That the board of education shall annually, during the month of June, report to the county commis

Amending sec. 3721, Consol.

Stats., 1891;

14, chap. 79,

Comp. Stats,

1891.

Estimate of

funds required.

same