showing the varied resources of this state; Provided, That this work shall be so conducted as not

to interfere with their original duties as instructors at the University.

SEC. 3. No compensation shall be claimed or Compensation. allowed on account of services rendered under the

AN ACT entitled an act to appropriate certain moneys known as the "Morrill Fund" received by the State Treasurer under an act of Congress of the United States, approved August 30, 1890.

Appropriation

tund.

Be it Enacted by the Legislature of the State of Nebraska: SECTION 1. That all moneys that now are or of Morrill may hereafter be received by the State Treasurer, or other State officer in pursuance and by virtue of an act of Congress of the United States, approved August 30, 1890, entitled an act to apply a portion of the proceeds of the public lands to the more complete equipment and support of the Colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress, approved July 2, 1862, shall be immediately paid over by said Treasurer to the authorities of the Industrial College of the University of Nebraska without further warrant or authority than is contained herein; in accordance with an act of the Legislature of Nebraska approved, March 19, 1891.

Emergency.

SEC. 2. Whereas, an emergency now exists, this bill shall take effect and be in force from and after its passage.

Approved April 6, A. D. 1893.

[House Roll No. 179.]

CHAPTER 39.

Ditches for agricultural and sanitary purposes.

Petition.

AN ACT to provide for ditching and draining wet or swamp land and
to protect the same by levees and to repeal all acts in conflict
with the same.

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

SECTION 1. When any one or more owner or
owners or occupants of any lands, in this state
shall desire to construct a ditch or drain or ditches
across the lands of another or others for agri-
culture or sanitary purposes, or for either of
said purposes, and which tends to the benefit
or advantage of the public, and no agreement or
arrangement can be made between them and the
owners or occupants of said land to make or estab-
lish the ditch or drain, the person or persons
may then file a petition in the county court
of the county in which said ditch or ditches,
drain or drains, shall be proposed to be con-
structed, setting forth the necessity for the same,
with the description of its or their proposed start-
ing point, route and terminus, and if it shall be
necessary for the drainage of the land or for sani-
tary purposes or either that a drain, ditch or levee,
or other similar work, be constructed and to the

ditches.

public interest that the work shall be so constructed, the petition or petitioners shall state in the petition and shall set forth, the general description of the same as proposed, and shall ask for the condemnation of so much of the lands as may be sufficient to construct and build said ditch or ditches, drain or drains, levee or levees. SEC. 2. If the petition is for the draining wet Underground land, and it is practicable for the ditch or drain to be made under the surface of the ground, and to the advantage of the owner, and it shall be so required in writing by the owner or occupant of the land over which the same shall be constructed, then the person or persons so constructing such drain or ditch shall so construct and build the same by laying tiling, in a good and substantial manner, a sufficient distance under the surface of the ground to avoid obstruction or inconvenience to the owner or occupant of the lands; but if it cannot be so done, or is unnecessary, then said drain or ditch may be erected upon the surface of the ground, doing as little injury to the owner or occupant as possible.

SEC. 3. Private property shall not be taken or Compensation damaged for the purpose of erecting such ditch, or damaged. drain, or levee, without just compensation, if claimed by the owner or occupants, and said compensation shall be ascertained by a jury as hereinafter provided; But if such ditch, drain or levee shall be of benefit to the lands over which it shall be constructed, then the benefits and advantages shall be set off against compensation that may be claimed by the owner or occupants of such land; but no benefits or advantages shall be set off against the value of the land actually taken.

Petition to name land owners.

Minors and 1ersons under guardianship.

Unknown defendants.

Proceedings; how commenced; summons, etc.

SEC. 4. The petition shall set forth the names of all persons owning the land over which such drain, ditch, or levee, shall be constructed, and the names of all persons occupying the same, as appearing of record in the office of the county clerk or register of deeds of said county, or otherwise known, or if not known, stating that fact, and praying such court or judge to cause the compensation to be paid to the owners of such land or to the person or persons entitled to the same.

SEC. 5. If the proceedings seek to affect the property of minors or persons under guardianship or conservatorship, idiots or lunatics, the guardian or conservator shall be made party defendant to the proceedings if any, and if none, the court shall appoint such to defend; and all parties interested whose names are unknown shall be made parties defendant by the name and description of unknown owners but in all such cases an affidavit shall be filed by or on behalf of one or more of the petitioners, setting forth that the names of said parties are unknown to him, her or them.

up

SEC. 6. Said petition may be filed, summons issued and made returnable, and the issue made in the same manner as is now provided by law for other cases brought in the county court in which case the hearing may be had during term time as in other cases, or said petition may be presented to the judge and the judge shall note thereon the day of the presentation of the petition to him, and shall note thercon the day when he will hear the same, and shall order the issuance of summonses and publication to non-resident defendants, which sum

mons shall be served at least ten days before the hearing.

Service

SEC. 7. Service upon non-residents may be had non-reside in the same manner as is now provided by law for the service of non-residents in cases in the district court; Provided, That three weekly publications of such notice shall be sufficient in all cases of service by publication under this act and; Provided, further, That the hearing shall not be had until ten days after the last publication of such notice. SEC. 8. Causes may be heard by such judge at Time of any time, but no cause shall be heard earlier than ten days after service upon the defendants or ten days after the last publication against non-residents or unknown defendants or owners.

hearing.

parcels of land; land in

one

county.

SEC. 9. Any number of separate parcels of Separate land situated in the same county may be included than more in one petition and if part of the land is situated in one county and part in another said action may be maintained in either, and the owners or persons interested therein may be joined as petitioners or defendants therein, and the compensation for each may be assessed separately by the same or different juries as the court or judge may direct.

SEC. 10. Amendments to the petition or any Amendments. part of the record in the case may be permitted whenever necessary to a fair trial and final determination of the questions involved.

SEC. 11. No adjournment or continuance of said Continuances. cause shall be had by either party for a longer period than ten days except by consent; Provided, That the court may in its discretion for good cause shown upon affidavit or otherwise adjourn said cause for a period not exceeding thirty days.